2806044 " t 14, •
DOCUMENT :- _
OFFICE. ( :,• i)ER
PAY (:,:- HTY MN
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tiny 13 3 46 PH 194
'Cr STATE OF MINNESOTA )
Tr COUNTY OF RAMSEY ) ss.
0
CZ CITY OF ST. PAUL ) RECORDED ON
0 MAY 1 3 1994
ac,
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I, Frances Swanson, Deputy City Clerk of the City of Saint Paul,
Minnesota, do here /Liz_ fired the attached copy of the
vote on a Charter 4 /A},..(2,e4 Election held on November
5, 1991 together w ---7 No. 91-2076 as adopted by
the City Council or approved by the Mayor on
1771,L.:T:24/-2-0 November 18, 1990 with the original thereof on file in my office.
Hiing fee
Rec copy
Cer copy
Initials
Pd by/bi I /9' I further certify that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 2nd day of May 1994.
„..,,'
; ,--; • .1 ,. 1.-,.) ,$, • v-i :,‘, DEPUTY CITY CLERK
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RESOLUTION '
CITY OF SAINT PAUL, ' INNESOTA ,
1
Presented By ,i . .. f , /if /"' ;,
•
Referred To _ Comsitt••s Dat• _ i 4.r
WHEREAS. The Council of the City of Snint Pnul, together with its City Clerk
has duly canvassed the returns and votes at the City General Election held on Tuesday,
November 5, 1991, a copy of which canvass is hereto attached and tend* a pert hereof; and w
WHEREAS. It appears from said returns and the canvass thereof that the following i
named persona received more votes than any other candidates or person for election for
the following named offices in the City of Saint Pnult 1 "
COUNCILMEMBER(Two Year Term) '
DISTRICT 1
Bill Wilson
DISTRICT 2 '
Dave Thum' ! fl
l
DISTRICT 3 1 „a
Bob Long
DISTRICT 4
Paula Maccabee
' : DISTRICT 5
Janice Rottman
DISTRICT 6 }
Karl Neid I.
y
DISTRICT 7
Iz
Dino P. Guerin
MEMBER OF BOARD OF EDUCATION(Four Year Term) 1
r
Bill Carlson R
Tom Conlon i `o
Greg Filico
Choua Lee
.
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. 2806044
THEREFORE, BE IT RESOLVED, That each of the foregoing persons ho and is
declared elected to the respective offices as designated shove and the City
Clerk is hereby instructed and directed to notify them of their election and
to issue and deliver to them the proper certificates of election. and
WHEREAS, the Council of the City of Saint Pnul, together with its City
Clerk, has duly canvassed the returns of the votes cast at the City General
Election held in the City on the 5ch day of November, 1991, upon the ratifi-
cation or rejection of an amendment to the Saint Paul Legislative Code no as
to repeal those sections of the Human Rights Ordinance which protect persons
from discrimination on the basis of sexual and affectional orientation; and
WHEREAS, it appears from said returns a canvass thereof that 21,009
electors voted in favor of the adoption of said amendment to the legislative
Code and 24,945 voted against adoption thereof; and
WHEREAS, Saint Paul City Charter, 1 8.04 provides that such amendment
proposed by initiative petition must be approved by a majority of those voting
on the amendment, now, therefore, be it
RESOLVED, That said amendment to the Saint Paul Legislative Code is here-
by declared to have received less than a favorable majority of the votes cast
upon the question and to have failed of adoption; and
WHEREAS, The Council of the City of Saint Paul, together with its City
Clerk, has duly canvassed the returns of the votes cast at the City General
Election held in the City on the 5th day of November, 1991, upon the ratifi-
cation or rejection of an amendment to the City Charter so as to provide for
written summaries of Council resolutions; and
WHEREAS, It appears from said returns and canvass thereof that 20,789
electors voted in favor of the adoption of said amendment to the City Charter
and 20,714 voted against adoption thereof; and
WHEREAS, Minnesota Statutes, Section 410.12, provides that such Amendment
• to the City Charter must be approved by 51% of those voting upon the question,
and 50.09% of those voting thereon voted in favor of such approval, therefore
be it
RESOLVED, That said amendment to the City Charter is hereby declared to
have received less than 51% of the favorable votes cast upon the question and
to have failed of adoption. and
WHEREAS, The Council of the City of Saint Paul, together with its City
Clerk, has duly canvassed the returns of the votes cast at the City General
{F Election held in the City on the 5th day of November, 1991, upon the ratifi-
cation or rejection of an amendment to the City Charter so as to provide for
change in the Councilmember Wards from seven (7) to nine (9), with 5 members
representing wards and 4 at-large members; and
i WHEREAS, It appears from said returns and canvass thereof that 14,755
electors voted in favor of the adoption of said amendment to the City Charter
and 26,940 voted against adoption thereof; and
4 WHEREAS, Minnesota Statutes, Section 410.12, provides that such Amendment
} to the City Charter must be approved by 51% of those voting upon the question,
and 35.39% of those voting thereon voted in favor of such approval, therefore
be it
RESOLVED, That said amendment to the City Charter is hereby declared to
° have received less than 51% of the favorable votes cast upon the question and
to have failed of adoption. and
..----3
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2806044
' WHEREAS, The Council of the City of Saint Paul, together with its City
Clerk, has duly canvassed the returns of the votes cast at the City General
Election held in the City on the 5th day of November, 1991, upon the ratifi-
cation-Cime rejection
of an
amendment provide
• part
secretary per councilmember{ and
WHEREAS, It appears from said returns and canvass thereof that 27,780
e lectors voted in favor of the adoption of said amendment to the City Charter •
and 15,375 voted against adoption thereof{ and
WHEREAS, Minnesota Statutes, Section 410.12, provides that such Amendment
the City n t64.37Z ofhthose approved by those
voting upon question,
therefore
and
a
be it
received,moretthandSIX of the favorabletvotesrcastiupon hereby
the question and
have races
to have passed for adoption.
rrn ays l�bsent Requested by Dap/ 1
. ef7• 1:744- az,4-- vt. _•,. � m
4
Or r 7447 r.7 iv ���t1 Xt)(AIGIg.re ..--serer (js� . ( �E -, j,
NOV 1 2 1991 form Approved by City Attorney
Adopted by Councils Date A
Adoption Certified by Council ecretary Sys ja ms. A.K1 Lia,_
Sys ,�_ Alb Approved by Mayor for Dubmis on to
Approved by\ yore Date NO 1 8 Council
I 1/1141( Sys �' (Sys
`'• WIPED NOV 2 3'91
2/1-- . —
4
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`, 126 THIS SHEET COVERS CHARTER
'` 2806044 AMENDMENT ADOPTED AT THE CITY
y: � VOTE ON AMENDMENT TO GENERAL ELECTION ON
CITY CHARTER NOVEMBER 5, 1991.
jM4
' mo
ice CITY CHARTER AMENDMENT TOTAL REGISTERED 159,564
0 Shall the Charter of the City TOTAL VOTES CAST IN ELECTION 46,723
;g4 of Saint Paul be amended so that TOTAL VOTES CAST ON QUESTION 43,155
effective the first business day
of 1994:
a) Councilmembers will be longer For text on ballot, see other side.
work full-time on City
business; and ADOPTED
b) Councilmember positions will 64.37%
be considered part-time; and
c) Councilmember salaries shall
be $30,000 plus benefits; VOTE BY DISTRICTS
- - and
d) Councilmember personal staff DISTRICT YES NO TOTAL VOTE
shall be limited to one 1. 2,207 2,017 ( 4,224
legislative aide and one
secretary? 2. 3,808 1,944 5,752
3. 6,014 2,750 8,764
4. 4,330 3,175 7,505
5. 3,457 1,979 5,436
6. 4,048 1,675 5,723
7. 3,916 1,835 5,751
27,780 15,375 43,155
(64.37%) (35.63%)
Fifty-one percent (51%) of the total votes
cast on the Amendment (Total of "Yes" and
"No") is necessary for adoption.
•
5---------
III
? , ,,.
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--, 2806044 ,;
CITY. NONPARTISAN GENERAL ELECTION
INDEPENDENT SCHOOL DISTRICT NO. 625 ry
TUESDAY, NOVEMBER 5, 1991 - ST. PAUL, MINNESOTA �. ,f
CITY OF SAINT PAUL
BALLOT QUESTIONS
INSTRUCTIONS TO VOTERS: *,
To vote for the proposition, fill in the
arrow opposite the word "YES",
To vote against the proposition, fill in
*.ne arrow opposite the word "NO". --
;,
"Shall the Charter of the City of
Saint Paul be amended so that
effective the first business day of
; 1994:
a) Councilmembers will no longer
work full-time on City business;
and
b) Councilmembers positions will be
considered part-time; and =tom_
c) Councilmember salaries shall be
$30,000 plus benefits; and .°
d) Councilmember personal staff I •
shall be limited to one legislative
aide and one secretary?"
YES 011 y� . .
N O y1 �:.
Ill
'1
RECORDED ON DOCUMENT t2.0.
oFFECr CO z,)+ 6F -_
2735409 RAMSEY E' -'`'_t . D ON
JUL 16 1993
JUL 16 3 39 P '93
Qlnstru # 20600 co;_:
Filing feet _�a �'I'�Y
'�
STATE OF MINNESOTA ) Rec copy
COUNTY OF RAMSEY ) ss. Cer cop
CITY OF ST. PAUL ) Initials
LPdby/bill _..�G....._. s
I, Molly O'Rourke, City Clerk of the City of Saint Paul, Minnesota, do
hereby certify that I have compared the attached copy of Council File No.
93-531 as adopted by the City Council on May 6, 1993 and approved by
the Mayor on May 7, 1993 with the original thereof on file in my office.
I further certifiy that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 16th day of July, 1993.
)221;Le"-ei. 4(.47(7-1
CITY CLERK
ETLJR TO
1
o71693 wool: .##::.o351-2-nsH 27.5o
4114(iiNAL.
s' ) / ) Council File 3 q/. ¶ I
n ; Ordinance �
Green Sheet 0
n ORDINANCE
01Ff-ORSAINT PAUL, MINNESOTA 2735409
Presented By
Referred To \ Committee: Date
ZONING CODE AMENDMENTS
An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul
Legislative Code pertaining to the Zoning Code regarding the River Corridor.
The council of the city of Saint Paul does ordain:
Section 1
That Section 60.202 B of the Saint Paul Legislative Code be amended so as to add
the following new definition thereto:
Basement (River Corridor District only) . Any area of a structure having its
floor subgrade (below ground level) on all four sides.
Section 2
•
That Section 60.206 F of the Saint Paul Legislative Code be amended so as to add
the following new definition thereto:
Flood. A temporary increase in the flow or stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Section 3
That Section 60.208 H of the Saint Paul Legislative Code be amended so as to add
the following:
Historic Structure (River Corridor District only) . Any structure that is:
(a) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing
on the National Register;
(b) Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance
1
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of a registered historic district or a district prelimin- 2735409
arily determined by the Secretary to qualify as a
registered historic district; or
(c) Designated by the City as a heritage preservation site.
Section 4
That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add
the following new definition thereto:
Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in,
along,- across, or projecting into any channel, watercourse, or regulatory flood
plain which may impede, retard, or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such water.
Section 5
That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add
the following definition thereto:
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Section 6
That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended
to read as follows:
Sec. 65.101. Intent and Purpose: The River Corridor District and its
subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts,
designed to provide comprehensive floodplain and river bluff management for the
City of Saint Paul in accordance with the policies of Minnesota Statutes
(Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive
Order No. 79-19.
It is the purpose of this chapter:
1. To protect and preserve the Mississippi River Corridor as a
unique and valuable resource for the benefit of the health,
safety, and welfare of the citizens of the city and the
state:
2 To prevent and mitigate irreversible damage to the
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2"735409
Mississippi. River Corridor:
3. To protect and preserve the Mississippi River Corridor as an
essential element in the federal , state, regional and local
recreation, transportation, sewer and water systems:
4 To maintain the River Corridor's value and utility for
residential, commercial, industrial and public purposes:
5 To protect and preserve the Saint Paul Mississippi River
Corridor's biological and ecological functions:
6 To preserve and enhance the Saint Paul Mississippi River
Corridor's aesthetic, cultural, scientific and historic
functions:
7. To guide development of the floodplain so as to minimize
loss of life, threats to health, and private and public
economic loss caused by flooding: and
8 To guide floodplain development in order to lessen the
adverse affects of floods, but not to reduce or eliminate
flooding.
Section 7
That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
(a) This ordinance shall apply to all lands within the city of Saint Paul
shown on the river corridor overlay zoning district maps as being located
within the boundaries of the RC-1 River Corridor Floodway District, RC-2
River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space
District, and RC-4 River Corridor Urban Diversified District.
Section 8
That Section 65.102 (Establishment) of the Saint Paul Legislative Code be
amended so as to add the following new subdivision (b) thereto, to renumber
present Subdivision CO to be Subdivision (c) , and to amend new Subdivision
(c) to read as follows:
(b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated
July 6, 1987, together with all matters attached thereto, are hereby
adopted by reference and made a part of this code as if the matters and
information set forth therein were fully described herein. The attached
material shall include: (1) the Flood Insurance Study for the city of
Saint Paul prepared by the Federal Insurance Administration dated August
3, 1989; (2) the Flood Insurance Rate Map, dated August 3, 1989 and
3
ORIGINAL
• 2735409 •
July 2, 1991; and (3) four (4) maps entitled River Corridor Floodway
District, dated July 6, 1987.
(c) (4)Within these districts all uses not allowed as permitted uses or as
permitted uses subject to special conditions shall be and are hereby
prohibited. Legal nonconforming structures or uses existing on the
effective date of this chapter or amendment thereto will be permitted to
continue as provided in Section 62.102 and section 65.900.
Section 9
That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed
in their entirety and the following new subdivisions (c) , (d) , and (e) are
adopted in place thereof:
(c) A site plan shall be submitted to and approved by the planning
commission in accordance with Section 62.108 before a permit is issued
for any development on property wholly or partially located within the
River Corridor District. For any development in the RC-1 and RC-2
districts, the site plan shall include the regulatory flood protection
elevation; the proposed elevation of fill; the proposed elevation of the
lowest floor of new structures, altered structures, and additions to
existing structures; and the proposed elevation to which structures will
be floodproofed.
(d) All building permits for structures proposed to be floodproofed in the
RC-1 and RC-2 districts shall be reviewed to determine whether the
structures will be adequately floodproofed.
(e) Certification. Before a certificate of occupancy is issued for any
development in the RC-1 and RC-2 districts, the applicant shall submit
to the zoning administrator certification by a registered professional
engineer, registered architect, registered landscape architect, or
registered land surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of this ordinance.
Finished fill and building elevations shall be verified by ground
surveys. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Section 10
That Section 65.211 of the Saint Paul Legislative 'Code is hereby amended to
read as follows:
Sec. 65.211. Principal uses permitted.
The following uses shall be permitted within the RC-1 Floodway District to the
extent that they are not prohibited by any other provision of the zoning code
or other ordinances, and provided that they have a low flood damage
4
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2735409
potential, will not materially obstruct flood flows or increase velocities or
otagec of the regional flood, and do not require otructurec, fill, storage of
material° or otorage of equipment. The uses are subject to the conditions of
the underlying zoning district, to the Standards For Floodwav Permitted Uses,
Section 65 , 212 , and to the River Corridor Standards and Criteria. Section
65.400.
(1) Nonstructural industrial and commercial uses, such as open-loading
areas, parking areas, interior service roads, airport service roads and
airport runways.
(2) Public and private recreational uses such as golf courses, tennis
courts , driving ranges, archery ranges, picnic and camp grounds , boat
launching and beaching areas or ramps, swimming areas, parks,
playgrounds , wildlife and nature preserves, game farms, fish hatcheries,
and hiking, bicycling, horseback or recreational vehicle areas and
trails , and other open space uses.
(3) Accessory residential uses such as lawns, gardens, parking areas and
play areas.
(b) In addition, no permitted UGC within the Floodway District shall
or any tributary to the main stream or of any ditch or other
the state pollution control agency, arc provided.
(c) Permitted uses are subject to applicable standards in Seetie.n
Section 11
That Section 65.212 (Principal uses permitted subject to special conditions)
of the Saint Paul Legislative Code is hereby repealed in its entirety and the
following adopted in place thereof:
Section 65.212 Standards For Floodway Permitted Uses
Permitted uses in the Floodway District are subject to the following
standards:
(1) The use shall not significantly obstruct flood flows or significantly
increase flood elevations and shall not involve structures, fill,
obstruction, excavations, or storage of materials or equipment.
(2) The use shall have a low flood damage potential.
(3) The use shall not adversely affect the hydraulic capacity of the channel
or floodway or any tributary to the main stream or of any ditch or other
5
ORIGINAL 9/- 6-3/
2`735409
drainage facility or system. •
(4) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 12
That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul
Legislative Code is hereby repealed in its entirety and the following adopted
in place thereof:
Section 65.213 Permitted Uses Subject To Special Conditions
The following uses shall be permitted within the RC-1 Floodway District to the
extent they are not prohibited by any other provision of the zoning code or
other ordinances. The uses shall be permitted only upon the application and
issuance of a conditional use permit by the planning commission. The uses are
subject to the conditions of the underlying zoning district, to the Standards
for Floodway Conditions Uses, Section 65.214, and to the River Corridor
Standards and Criteria, Section 65.400.
(1) Railroads, highways, streets, alleys, access roads, bridges, sewers,
utilities, utility transmission lines, and pipe lines.
(2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water
control structures, and navigation facilities.
(3) Storage yards or areas for equipment, machinery or bulk materials.
(4) Structures accessory to permitted uses, Section 65.212, or conditional
uses of this section.
(5) Placement of fill.
(6) Structural works for flood control such as levees, dikes, and floodwalls
constructed to any height where the intent is to protect individual
structures.
Section 13
That Section 65.214 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.214 Standards For Floodway Conditional Uses.
Conditional uses in the Floodway District are subject to the following J
6
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2735409
standards:
(1) No structure, (temporary or permanent) , fill deposit, (including fill
for roads and levees) , obstruction, storage of materials or equipment,
or other use may be allowed which will cause an increase in the height
of the regional flood or cause an increase in flood damages in the reach
or reaches affected.
(2) Fill shall be protected from erosion by vegetative cover, mulching,
riprap, or other acceptable method.
(3) Accessory structures shall not be designed for human habitation.
(4) Accessory structures shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters.
a. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
b. So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
(5) All accessory structures must be elevated on fill so that the lowest
floor, including basement floor, is at or above the regulatory flood
protection elevation. The finished fill elevation for accessory
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(6) As an alternative to elevation on fill, accessory structures may be
structurally dry flood proofed in accordance with the FP-1 or FP-2 flood
proofing classification in the State Building Code or flood proofed to
the FP-3 or FP-4 flood proofing classification in the State Building
Code provided the accessory structure constitutes a minimal investment,
does not exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following
additional standards, as appropriate:
a. The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
and
b. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly flood proofed.
_ (7) Storage of materials or equipment may be allowed if readily remov-
7
ORGNA1 9/-53/
2735409
able from the area within the time available after a flood warning
and in accordance with a plan approved by the planning commission.
(8) Structural works for flood control that will change the course, current
or cross section of protected wetlands, or public waters shall be
subject to the provisions of Minnesota Statute, Chapter 105. Community-
wide structural works for flood control intended to remove areas from
the regulatory flood plain shall not be allowed in the floodway.
(9) A levee, dike or floodwall constructed in the floodway shall not cause
an increase to the regional flood and the technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
(10) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 14
That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
Section 65.221 Principal Uses Permitted
Permitted uses in the RC-2 Flood Fringe District shall be those uses of land
or structures listed as permitted uses in the underlying zoning district,
except that mining, extraction operations, the disposal of waste materials,
and landfills, shall not be permitted. The uses are subject to the conditions
of the underlying zoning district, to the Standards for Flood Fringe Permitted
Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section
65.225, and River Corridor Standards and Criteria, Section 65.400.
Section 15
•
That Section 65.222, (Standards for flood fringe uses) , is hereby repealed in
its entirety and the following adopted in place thereof:
•
Section 65.222 Standards For Flood Fringe Permitted Uses.
Permitted uses in the Flood Fringe District are subject to the following
standards:
(1) All structures, including accessory structures, must be elevated on fill
so that the lowest floor including basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
8
•
2735409
at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(2) As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square fee
for the outside dimension at ground level may be internally flood
proofed in accordance with Section 65.214(6) .
(3) The cumulative placement of fill where at any one time in excess of one-
thousand (1,000) cubic yards of fill is located on the parcel shall be
allowable only as a Conditional Use, unless said fill is specifically
intended to elevate a structure in accordance with subdivision (1) of
this section.
(4) The storage of any materials or equipment shall be elevated on fill to
the regulatory flood protection elevation.
Section 16
That Section 65.223, (Principal uses permitted subject to special conditions) ,
is hereby repealed in its entirety and the following adopted in place thereof:
Section 65.223
Principal Uses Permitted Subject To Special Conditions.
The following uses shall be permitted within the RC-2 Flood Fringe District to
the extent they are not prohibited by any other provision of the zoning code
or other ordinances, except that mining, extraction operations, the disposal
of waste materials, and landfills shall not be permitted. The use shall be
permitted only upon the application and issuance of a conditional use permit
by the planning commission. The uses are subject to the conditions of the
underlying zoning district, to the Standards for Flood Fringe Conditional
Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section
65.225, and to the River Corridor Standards and Criteria Section 65.400.
(1) Any structure that is not elevated on fill or flood proofed in
accordance with Section 65.222 (1) or (2) .
(2) Any use of land that does not comply with the standards in Section
65.222 (3) or (4) .
(3) Sewage treatment plants.
Section 17
That Section 65.224, (Standards for flood fringe conditional uses) , of the
Saint Paul Legislative Code is hereby added to read as follows:
9
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2735409
Section 65.224 Standards For Flood Fringe Conditional Uses.
Conditional uses in the Flood Fringe District are subject to the following
conditions:
(1) Alternative elevation methods other than the use of fill may be utilized
to elevate a structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of stilts, pilings,
parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be considered
above-grade and not a structure's basement or lowest floor if: 1) the
enclosed area is above-grade on at least one side of the structure; 2) is
designed to internally flood and is constructed with flood resistant
materials; and 3) is used solely for parking of vehicles, building access or
storage. The above-noted alternative elevation methods are subject to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these components
during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and the design plans must
stipulate:
i. The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one-foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
ii. That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
(2) Basements, as defined by Section 60.202 B for this river corridor code,
shall be subject to the following:
a. Residential basement construction shall not be allowed below the
10
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2735409
regulatory flood protection elevation.
b. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry and flood proofed in accordance with subdivision (3) of this
section.
(3) All areas of non-residential structures including basements to be placed
below the regulatory flood protection elevation shall be structurally
dry flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the State Building Code. This shall require making
the structure watertight with the walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood proofed to the FP-3 or FP-4 classification
shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill is located on a
parcel for such activities as landscaping, roads, or construction of
flood control works, an erosion/sedimentation control plan must be
submitted. The plan must clearly specify methods to be used to
stabilize the fill on site for a regional flood event. The plan must
be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the planning commission.
(5) Structures may be constructed below the 'regulatory flood
protection elevation provided they are protected from 100-year floods by
a dike, levee, or floodwall.
(6) Storage of material and equipment shall be subject to the following:
a. Storage of materials or equipment, including materials that are
flammable, explosive, or potentially injurious to human, animal,
or plant life, may be allowed if:
(i) readily removable from the area within the time
available after a flood warning system and in
accordance with a plan approved by the planning
commission; or
•
(ii) flood-proofed according to the state building
code; or
(iii) elevated above the regulatory flood protection
elevation by alternative methods which meets the
requirements of Section 65.224 (1) ; or
(iv) protected by a dike, levee, or floodwall.
b. Storage of bulk materials may be allowed provided an
11
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•
• 2'35409
erosion/sedimentation control plan is submitted which clearly
specifies methods to be used to stabilize the materials on site
for a regional flood event. The plan must be prepared and
certified by a registered professional engineer or other qualified
individual acceptable to the planning commission.
(7) No new construction, addition or modification to existing sewage
treatment plants shall be permitted within the floodplain unless
emergency plans and procedures for action to be taken in the event of
flooding are prepared, filed with and approved by the Minnesota
Pollution Control Agency. The emergency plans and procedures must
provide for measures to prevent introduction of any pollutant or toxic
material into the floodwaters.
Section 18
That Section 65.225 , (Standards for all flood fringe uses) , of the Saint Paul
Legislative Code is hereby added to read as follows:
Section 65.225 Standards For All Flood Fringe Uses.
All uses in the Flood Fringe District are subject to the following standards:
(1) All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation. If a modifications to this requirement is
granted, the planning commission must specify limitations on the period
of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood
emergency response procedures exists.
(2) Commercial Uses. Accessory land uses, such as yards, railroad tracks,
and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used
by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth greater than two
(2) feet or be subject to flood velocities greater than four (4) feet
per second upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses. Measures shall be taken to minimize
interference with normal plant operations. Certain accessory land uses
such as yards and parking lots may be at lower elevation subject to
requirements set out in subdivision (2) above. In considering permit
applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
(4) Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has established
12
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ORGNAL 9/ - /
2735409
criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area
designation will be requested.
(5) Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the official zoning map.
(6) Manufactured homes must meet all the density, setback, and other
requirements for residential use of the zoning code and all requirements
of the housing and building code. Travel trailers shall not be used for
living quarters.
(7) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 19
That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is
hereby added to read as follows:
Article III. 65.300
Public Utilities, Railroads, Roads, and Bridges
Section 65.301 Public utilities, railroads, roads, and bridges.
(1) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood
plain shall be flood-proofed in accordance with. the State Building Code
or elevated to above the regulatory flood protection elevation.
(2) Public Transportation Facilities. Railroad tracks, roads, and bridges
to be located within the flood plain shall comply with Sections 65.210
and 65.220 of this Ordinance. Elevation to the regulatory flood
protection elevation- may be required by the planning commission where
failure or interruption of these transportation facilities would result
in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or auxiliary
roads or rail roads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger
the public health or safety.
(3) On-site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On-site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the
13
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•
2735409
systems; and 2) new or replacement on-site sewage treatment systems must
be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters and they
shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on-site sewage treatment systems
shall be determined to be in compliance with this Section.
Section 20
That Section 65.411 (Protection of shorelands, wetlands and bluffs)
subdivisions (b) (2) (placement of structures) and (c)(3) (grading and filling)
are hereby repealed in their entirety.
Section 21
That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby
added to read as follows:
(7) Plans shall be submitted to the planning commission for any development
placed landward from dikes, floodwalls, or levees which is below the
flood protection elevation of the dikes, floodwalls or levees. The
plans must provide measures to ensure that floodwaters do not back up
onto the development from storm water drainage systems.
Section 22
That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Section 65.506. Subject to appeal.
All decisions by the planning commission or planning administrator granting or
denying a conditional use permit shall be final subject to appeal to the city
council ao outlined herein. in accordance with Section 64.206.
Section 23
That Section 65.501 (Application) of the Saint Paul Legislative Code is hereby
amended to read as follows:
Section 65.501. Application.
Conditional use permits shall be issued by the planning commission, except
that the planning commission may delegate authority to issue conditional use
permits to the planning administrator according to rules which the commission
may prescribe. Such rules will be filed with the office of the city clerk.
Applications shall be submitted to the planning administrator together with
14
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(DRIGNVL 49,/_53 i/
2735409
application fee in the amount determined by the city council. Upon receipt of
an application, the planning administrator shall determine whether to require
any or all of the following four (4) six (6) items of information supplied by
the applicant as a prerequisite to the consideration of the application:
(1) Plans in triplicate drawn to scale prepared by and signed by a
registered engineer, architect and/or land surveyor as applicable,
showing the nature, location, dimensions and elevation of the land;
existing surface contours, structures, streets and utilities; proposed
surface contours, structures, fill and the location and elevations of
proposed streets, water supply, sanitary facilities and other utilities
showing the relationship of the above to the channel and to the
designated River Corridor District limits.
(2) Specifications for building construction and materials, flood-proofing,
filling, dredging, grading, channel improvements, storage of materials.
water supply, and sanitary facilities.
(2) (3)Typical valley cross-sections of areas to be occupied by the proposed
development showing the channel of the stream, elevation of land areas,
high water information, vegetation and soil types.
(3)(4)Plan (surface view) of the proposed development showing the proposed use
or uses of the area and structures and providing location, relationships
and spatial arrangements of those uses and related structures to
pertinent elevations, fill, storage location, utilities and other
features.
-4}(5)Profile showing the slope of the bottom of the channel and flow lines of
the stream.
(6) A written evaluation by a registered engineer or other expert person or
agency of the proposed project in relationship to flood heights and
velocities , the seriousness of flood damage to the use, the adequacy of
plans for flood protection, and other technical matters.
Section 24
That Section 65.509 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.509 Notice of increased insurance costs.
The planning administrator shall notify all applicants who propose to
construct a structure, other than an accessory structure, below the regulatory
flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3)
that:
1) The issuance of a conditional use permit to construct a structure below
15
2'735409
the regulatory flood protection elevation will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and 2) such construction below the regulatory flood protection
elevation increases risks to life and property. Such notification shall be
maintained with a record of the conditional use. The planning administrator
shall report such conditional uses issued in the biennial report submitted to
the administrator of the National Flood Insurance Program.
Section 25
That Section 65.600 (Appeal) of the Saint Paul Legislative Code is hereby
repealed in its entirety.
Section 26
That Section 65.650 (Modifications) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Sec. 65.650. Modifications.
(a) The planning commission is hereby authorized to fe.e.effneild zrant
modifications to the provisions of this chapter where it appears that by
reason of exceptional circumstances the strict enforcement of this
chapter would cause undue hardship and strict conformity with the
standards would be unreasonable, impractical and not feasible under the
circumstances. The burden of proof shall rest with the applicant to
demonstrate conclusively to the commission that such modification will
not result in a hazard to life or property and will not adversely affect
the safety, use or stability of a public way, slope or drainage channel,
or the natural environment; such proof may include soils, geology and
hydrology reports which shall be signed by registered professional
engineers. Modifications granted by the planning commission shall be
consistent with the general purposes of the standards contained in this
chapter and state laws and the intent of applicable state and national
lays and programs. Although modifications may be used to modify
permissible methods of flood protection, no modification shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood protection
• elevation for the particular area, or permit a lesser degree of flood
• protection than required by state law. Appeals from the decision of the
planning commission may be taken to the city council in accordance with
Section 44-405 64.206. Applications for modification shall be filed
together with the required fee with the planning administrator.
(b) Notwithstanding any other provision of this river corridor code.
modifications may be granted for the repair or rehabilitation of
historic structures upon a determination that the repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure, the modification is the minimum necessary to
16
QN
2735409.
preserve the historic character and design of the structure and the
repair or rehabilitation will not cause a significant increase in the
height of the regional flood,
{ }(c)A copy of the application for a modification shall be submitted to the
commissioner of natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days' notice of the planning
commission hearing. A copy of all decisions granting modifications
shall be forwarded to the commissioner of natural resources within ten
(10) days of such action.
Section 27
That Section 65.700 (Amendments) is hereby amended to read as follows:
Section 65.700 Amendments
(a) All amendments shall be made in the manner set forth in Minnesota
Statutes. Section 462. 357. The floodplain designations established by
this chapter shall not be removed from floodplain areas unless it can be
shown that the designation is in error or that the areas are filled to
an elevation at or above the flood protection elevation and are
contiguous to other lands lying outside the floodplain district.
Special exceptions to this rule may be permitted by the commissioner of
natural resources if he determines that, through other measure, lands
are adequately protected for the intended use.
- _
of natural reoourcco and the Foderal I suranoo Adm-inistration for
(b) All amendments to this Ordinance, including amendments to the River
Corridor Overlay Districts maps . must be submitted to and approved by.
the Commissioner of Natural Resources prior to adoption. Changes to the
RC-1 and RC-2 maps must meet the Federal Emergency Management Agency's
(FEMA) Technical Conditions and Criteria and must receive prior FEMA
approval before adoption. The Commissioner of Natural Resources must be
given 10-days written notice of all hearings to consider an amendment to
the Ordinance and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
•
Section 28
That Section 65.800 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.800 Administration
(a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning
administrator shall maintain a record of the elevation of the lowest
17
•
2735409
floor (including basement) of all new structures, altered structures, or
additions to existing structures in the flood plain. The zoning
administrator shall also maintain a record of the elevation to which all
new structures and alterations or additions to structures are flood
proofed.
(b) State and federal permits. Applicants for special condition use
permits, modifications, and site plan review approval are responsible
for obtaining all necessary state and federal permits.
(c) Warning and Disclaimer of Liability. This ordinance does not imply that
areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City of Saint
Paul or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
(d) Severability. If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be
affected thereby.
Section 29
That Section 65.900 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.900 Floodplain non-conforming structures.
Non-conforming use of structures and land and non-conforming structures shall
be subject to the provisions of Section 62.102 and to the following
regulations:
(1) A structure which was lawful before the passage or amendment of this
ordinance but which is not in conformity with the provisions of this
ordinance may be continued subject to the following conditions:
(a) No structure shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
(b) Any alteration or addition to a nonconforming structure which
would result in increasing the flood damage potential of that
structure or use shall be protected to the regulatory flood
protection elevation in accordance with any of the elevation on
fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood
proofing classifications) allowable in the State Building Code,
except as further restricted in (c) below.
(c) The cost of any structural alterations or additions to any
18 --
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2735409
nonconforming structure over the life of the structure shall not
exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all
structural alterations and additions constructed since January 28,
1982, must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current cost of all
previous and proposed alterations and additions exceeds 50 percent
of the current market value of the structure, then the structure
must meet the standards of Section 65.210 or 65.220 of this
Ordinance for new structures depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
(d) When the use of a nonconforming structure is discontinued or
ceases to exist for three hundred sixty-five (365) days, the
nonconforming structure shall not thereafter be reused until the
nonconforming structure is made conforming to the flood protection
measures of this ordinance, unless the planning commission,
pursuant to a public hearing, finds that the nonconforming
structure cannot reasonably or economically be made into a
conforming structure and that reuse of the nonconforming
structure is consistent with the public health, safety, morals,
and general welfare of the community and is consistent with the
reasonable use and enjoyment of adjacent property.
(e) If any nonconforming structure is destroyed by any means,
including floods, to an extent of 50 percent or more of its market
value at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this Ordinance. The
applicable provisions for establishing new structures in Sections
65.210 or 65.220 will apply depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
Section 30
That Section 65.950 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.950. Areas Protected by Dikes, Levees,
and Floodwalls
Areas which the Federal Emergency Management Agency has removed from the
floodplain through a revision to the Flood Insurance Rate Map or a Letter of
Map Revision because the areas are protected by a dike, levee, or floodwall
shall be exempt from the flood protection regulations of this code.
Section 31
That Section 62.102 (Nonconforming lots, nonconforming uses of land, non-
-- 19
•44601\41,#� 9 i-s3
2735409 •
conforming structures and nonconforming uses of structures and premises)
subdivision (d) (2)Nonconforming structure with conforming use) is hereby
amended to read as follows:
(2) Should such structure be destroyed by any means to an extent of
more than sixty (60) percent of its replacement cost, exclusive of
the foundation, at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this
code.
In the case of the River COrridor, if any such structure is
destroyed by any mcano to an extent o-f more than fifty (50)
percent of its market value at the time of destruction, it shall.
the code.
Section 32
That Section 62.102 (Non-conforming lots, nonconforming use of land,
nonconforming uses of structures and premises) subdivision (h) (Major
alterations) is hereby repealed in its entirety.
Section 33
That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e)
is hereby added to read as follows:
(e) A copy of administrative appeals concerning the River
Corridor Districts shall be submitted to the commissioner of
natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days notice of
the board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10) days of
such action.
Section 34
That Section 64.101 (Duties of Zoning Administrator) paragraph (e) of the
Saint Paul Legislative Code is hereby repealed in its entirety.
Section 35
That Section 67 .504 (Drainage and storm sewers) subdivision (f) Areas of poor
drainage of the Saint Paul Legislative Code be amended so as to add the
following new clause (5) thereto:
20
2:4:4) 7
• 2735409
(5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe
District:
(a) The subdivision and the individual lots shall have road access no
lower than two (2) feet below the regulation flood protection
elevation.
(b) The floodway and flood fringe district boundaries, the regulatory
flood protection elevation and the required elevation of all access
roads shall be clearly labeled on all required subdivision drawings
and documents.
(c) The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area for certain
structures properly elevated on fill above the 100-year flood
elevations. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure
or multi-lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
Section 36
That Section 65.233 (Standards for urban open uses) is hereby amended by
adding new subdivision (d) to read as follows:
Section 65.233. Standards for urban open uses.
(a) Development shall be limited to forty (40) feet in height.
(b) The development of new and expansion of existing commercial and
industrial uses shall only be on lands which are on the landward
side of blufflines.
(c) Mining and extraction operations shall not be permitted.
(d) No use shall be permitted which is likely to cause pollution of
water, as defined in Minnesota Statutes. Section 115.01. unless
adequate safeguards , approved by the state pollution control
agency, are provided.
Section 37
That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added
to read as follows:
Section 65.243. Standards for urban diversified uses.
No use shall be permitted which is likely to cause pollution of waters, as
defined in Minnesota Statutes, Section 115.01, unless adequate safeguards,
21
•, 2735409
approved by the state pollution control agency, are provided.
Section 38
That the River Corridor Overlay Zoning District maps, as incorporated by
reference in Section 65.102 of the Saint Paul Legislative Code, are hereby
amended as follows: (1) the lands along Kellogg Boulevard east of Wall
Street are rezoned from RC-2 to RC-4 as shown on Maps 11 and 12; (2) the
berm north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all
of the Waste Treatment Plant which is surrounded by the protective levee is
rezoned to from RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18; and (3) the
half-moon shaped portion of the Island Station property is rezoned from RC-4
to RC-2, as shown on Map 7. The amended maps accompany and are a part of this
ordinance.
Section 39
This ordinance shall take effect and be in force thirty (30) days from and
after its passage, approval, and publication.
Yeas _ Absent
Grimm /
Guerin /
Long / Requested by Department of:
Maccabee
Rettman
Thune ------ Pla ing and Economic Development
Wilson —
4 v' .- By:
Adopted by Council: Date MAY II ? p ■3 Form Appr•A ed by City Attorney
Adoption 14/ed by C- Sec etary By: _ , • ZZ-ii,
By: _ __ Apprgqved by ayc /r ,.ubmission to
g‘...
Council
Approveda 2la or: D. .- 5 1
By: 4�r / 1 / B
22
MKS MAY 15 '93
C3`\---4-?)
STATEMENT OF CHARGES 3 "/3-7'
St. Pool, Minn., .. 19_
,� C.L4 jcz/L,Ik'
NU IiSEP INSTRUMENT FEES
,S-CD
2806044
RAMSEY COUNTY RECORDER
By
CR 1216
STATEMENT OF CHARGES �3_�/
St. Paul, Minn., 19_
NU'MDER INSTRUMENT FEES
2806043
RAMEY ODUNTY RECORDER
By
CR 1216
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CITY CLERK'S OFFICE 97
Molly O'Rourke,City Clerk
SAINT CiTY OF SAINT PAUL 170 City Hall Tel: 612-266-8694
PAUL
James Scheibel, Mayor 15 W.Kellogg Boulevard Fay 612-266-8689
Saint Pau4 Minnesota 55102
AMA
row
July 22, 1993
Ms. Molly Shodeen
Area Hydrologist
Minnesota Dept. of Natural Resources
Metro Water
1200 Warner Road
St. Paul, MN 55106
Dear Ms. Shodeen:
At the request of Roger Ryan of the Planning & Economic Development Department, I am
enclosing the packet we received from him plus the information he requested that we supply
on items Nos. I, 5 and 7.
If you have any questions about our part of the packet, please call our office at 266-8694.
Very truly yours,
Trudy M. Hoelzel LI
City Clerk's Office
r 9i-� 1
Appendix 4E
ORDINANCE CERTIFICATION CHECKLIST
You are obligated under statute to comply with the procedural requirements listed
on this form. This will insure the ordinance is legally valid and enfortable. Please
sign and return the checklist and all required documents to the DOW area
hydrologist's office within 90 days of adopting the ordinance.
TUAJG- Si, /99/ '-
1. A-Pi 1. -14, /993 Date of published hearing notice.
2. ) L/ui
\ZAA.Si
lye Ili , Date of postmark of hearing notice to
Commissioner of the Department of
Natural Resources/area hydrologist.
3. Jul, I I1 I91. I Date of hearing(s).
j� 9 3
4. A ci.A,i b 1 ( ? 3 Date of ordinance adoption.
5. /J/4Y 14 J992 If ordinance is published in entirety,
date and affidavit of newspaper
publication of adopted ordinance.
6. /( A, If only ordinance summary published,
date and affidavit of newspaper
publication of ordinance title and
summary along with certified copy of
adopted ordinance in its entirety from
Clerk/Auditor.
7. 7— 14- 93 Date of official filing of adopted
Poe,# .2735 54a9 ordinance with County Recorder
( record book number
page number).
•
8. Y E.S Board of Adjustment/Appeals has been
established.
*Note: Cities under charter must also submit a list of any additional requirements
for hearings, notices etc. stated in their charter. Please specify:
You must submit this completed checklist along with submission of the
aforementioned c rtified documents.
Zatzee.o_ 124oal — Goo 6-&«y o,.�
Signature of Clerk/Auditor
4E-1
itbk 7- ��
Council File ri"- 5-Z>
Ordinance 0
Green Sheet 0
ORDINANCE
�� __ C-1TrY OF�SAINT PAUL, MINNESOTA
Presented By t k
Referred To '\ 2 Committee: Date
ZONING CODE AMENDMENTS
An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul
Legislative Code pertaining to the Zoning Code regarding the River Corridor.
The council of the city of Saint Paul does ordain:
Section 1
That Section 60.202 B of the Saint Paul Legislative Code be amended so as to add
the following new definition thereto:
Basement (River Corridor District only) . Any area of a structure having its
floor subgrade (below ground level) on all four sides. .
Section 2
That Section 60.206 F of the Saint Paul Legislative Code be amended so as to add
the following new definition thereto:
Flood. A temporary increase in the flow or stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Section 3
That Section 60.208 H of the Saint Paul Legislative Code be amended so as to add
the following:
Historic Structure (River Corridor District only) . Any structure that is:
(a) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing
on the National Register;
(b) Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance
1
of a registered historic district or a district prelimin-
arily determined by the Secretary to qualify as a •
registered historic district; or
(c) Designated by the City as a heritage preservation site.
Section 4
That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add
the following new definition thereto:
Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in,
along, across, or projecting into any channel, watercourse, or regulatory flood
plain which may impede, retard, or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such water.
Section 5
That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add
the following definition thereto:
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Section 6
That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended
to read as follows:
Sec. 65.101. Intent and Purpose: The River Corridor District and its
subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts,
designed to provide comprehensive floodplain and river bluff management for the
City of Saint Paul in accordance with the policies of Minnesota Statutes
(Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive
Order No. 79-19.
It is the purpose of this chapter:
1— To protect and preserve the Mississippi River Corridor as a
unique and valuable resource for the benefit of the health.
safety, and welfare of the citizens of the city and the
state;
2. To prevent and mitigate irreversible damage to the
qlIl
2
110 Mississippi River Corridor:
3. To protect and preserve the Mississippi River Corridor as an
essential element in the federal, state, regional and local
recreation, transportation. sewer and water systems:
4 To maintain the River Corridor's value and utility for
residential, commercial, industrial and_public purposes:
5. To protect and preserve the Saint Paul Mississippi River
Corridor's biological and ecological functions:
6. To preserve and enhance the Saint Paul Mississippi River
Corridor's aesthetic, cultural, scientific and historic
functions:
7. To guide development of the floodplain so as to minimize
loss of life, threats to health, and private and public
economic loss caused by flooding: and
8. To guide floodplain development in order to lessen the
adverse affects of floods, but not to reduce or eliminate
flooding.
Section 7
That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
(a) This ordinance shall apply to all lands within the city of Saint Paul
shown on the river corridor overlay zoning district maps as being located
within the boundaries of the RC-1 River Corridor Floodway District, RC-2
River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space
District, and RC-4 River Corridor Urban Diversified District.
Section 8
That Section 65.102 (Establishment) of the Saint Paul Legislative Code be
amended so as to add the following new subdivision (b) thereto, to renumber
present Subdivision (b) to be Subdivision (c) , and to amend new Subdivision
(c) to read as follows:
(b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated
July 6, 1987, together with all matters attached thereto, are hereby
adopted by reference and made a part of this code as if the matters and
information set forth therein were fully described herein. The attached
material shall include: (1) the Flood Insurance Study for the city of
• Saint Paul prepared by the Federal Insurance Administration dated August
3, 1989; (2) the Flood Insurance Rate Map, dated August 3, 1989 and
3
July 2, 1991; and (3) four (4) maps entitled River Corridor Floodway
•
District, dated July 6, 1987.
(c)(b)Within these districts all uses not allowed as permitted uses or as
permitted uses subject to special conditions shall be and are hereby
prohibited. Legal nonconforming structures or uses existing on the
effective date of this chapter or amendment thereto will be permitted to
continue as provided in Section 62.102 and section 65.900.
Section 9
That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed
in their entirety and the following new subdivisions (c) , (d) , and (e) are
adopted in place thereof:
(c) A site plan shall be submitted to and approved by the planning
commission in accordance with Section 62.108 before a permit is issued
for any development on property wholly or partially located within the
River Corridor District. For any development in the RC-1 and RC-2
districts, the site plan shall include the regulatory flood protection
elevation; the proposed elevation of fill; the proposed elevation of the
lowest floor of new structures, altered structures, and additions to
existing structures; and the proposed elevation to which structures will
be floodproofed.
(d) All building permits for structures proposed to be floodproofed in the
RC-1 and RC-2 districts shall be reviewed to determine whether the
structures will be adequately floodproofed.
(e) Certification. Before a certificate of occupancy is issued for any
development in the RC-1 and RC-2 districts, the applicant shall submit
to the zoning administrator certification by a registered professional
engineer, registered architect, registered landscape architect, or
registered land surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of this ordinance.
Finished fill and building elevations shall be verified by ground
surveys. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Section 10
That Section 65.211 of the Saint Paul Legislative Code is hereby amended to
read as follows:
Sec. 65.211. Principal uses permitted.
The following uses shall be permitted within the RC-1 Floodway District to the
extent that they are not prohibited by any other provision of the zoning code •
or other ordinances_ and provided that they have a low flood damage
4
- - ,
stages of the regional flood, and do not require structures, fill, storage of
materials or storage of equipment. The uses are subject to the conditions of
the underlying zoning district, to the Standards For Floodway Permitted Uses,
Section 65.212. and to the River Corridor Standards and Criteria. Section
65.400.
(1) Nonstructural industrial and commercial uses, such as open-loading
areas, parking areas, interior service roads, airport service roads and
airport runways.
(2) Public and private recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic and camp grounds, boat
launching and beaching areas or ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game farms, fish hatcheries,
and hiking, bicycling, horseback or recreational vehicle areas and
trails, and other open space uses.
(3) Accessory residential uses such as lawns, gardens, parking areas and
play areas.
(b) In addition, no permitted use within the Floodway District shall
adversely affect the hydraulic capacity of the channel or floodway
or any tributary to the main stream or of any ditch or other
drainage facility or system, and no use shall be permitted which
4111 is likely to cause pollution of waters, as defined in Minnesota
Statutes, Section 115.01, unless adequate safeguards, approved by
the state pollution control agency, arc provided.
(c) Permitted u,cs arc subject to applicable standard, in Section
65.400 ct.seq.
Section 11
That Section 65.212 (Principal uses permitted subject to special conditions)
of the Saint Paul Legislative Code is hereby repealed in its entirety and the
following adopted in place thereof:
Section 65.212 Standards For Floodway Permitted Uses
Permitted uses in the Floodway District are subject to the following
standards:
(1) The use shall not significantly obstruct flood flows or significantly
increase flood elevations and shall not involve structures, fill,
obstruction, excavations, or storage of materials or equipment.
(2) The use shall have a low flood damage potential.
• (3) The use shall not adversely affect the hydraulic capacity of the channel
or floodway or any tributary to the main stream or of any ditch or other
5
drainage facility or system.
(4) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 12
That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul
Legislative Code is hereby repealed in its entirety and the following adopted
in place thereof:
Section 65.213 Permitted Uses Subject To Special Conditions
The following uses shall be permitted within the RC-1 Floodway District to the
extent they are not prohibited by any other provision of the zoning code or
other ordinances. The uses shall be permitted only upon the application and
issuance of a conditional use permit by the planning commission. The uses are
subject to the conditions of the underlying zoning district, to the Standards
for Floodway Conditions Uses, Section 65.214, and to the River Corridor
Standards and Criteria, Section 65.400.
(1) Railroads, highways, streets, alleys, access roads, bridges, sewers,
utilities, utility transmission lines, and pipe lines.
(2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water
control structures, and navigation facilities.
(3) Storage yards or areas for equipment, machinery or bulk materials.
(4) Structures accessory to permitted uses, Section 65.212, or conditional
uses of this section.
(5) Placement of fill.
(6) Structural works for flood control such as levees, dikes, and floodwalls
constructed to any height where the intent is to protect individual
structures.
Section 13
That Section 65.214 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.214 Standards For Floodway Conditional Uses.
Conditional uses in the Floodway District are subject to the following
•
6
standards:
(1) No structure, (temporary or permanent) , fill deposit, (including fill
for roads and levees) , obstruction, storage of materials or equipment,
or other use may be allowed which will cause an increase in the height
of the regional flood or cause an increase in flood damages in the reach
or reaches affected.
(2) Fill shall be protected from erosion by vegetative cover, mulching,
riprap, or other acceptable method.
(3) Accessory structures shall not be designed for human habitation.
(4) Accessory structures shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters.
a. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
b. So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
(5) All accessory structures must be elevated on fill so that the lowest
floor, including basement floor, is at or above the regulatory flood
protection elevation. The finished fill elevation for accessory
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(6) As an alternative to elevation on fill, accessory structures may be
structurally dry flood proofed in accordance with the FP-1 or FP-2 flood
proofing classification in the State Building Code or flood proofed to
the FP-3 or FP-4 flood proofing classification in the State Building
Code provided the accessory structure constitutes a minimal investment,
does not exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following
additional standards, as appropriate:
a. The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
and
b. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly flood proofed.
(7) Storage of materials or equipment may be allowed if readily remov-
7
•
able from the area within the time available after a flood warning •
and in accordance with a plan approved by the planning commission.
(8) Structural works for flood control that will change the course, current
or cross section of protected wetlands, or public waters shall be
subject to the provisions of Minnesota Statute, Chapter 105. Community-
wide structural works for flood control intended to remove areas from
the regulatory flood plain shall not be allowed in the floodway.
(9) A levee, dike or floodwall constructed in the floodway shall not cause
an increase to the regional flood and the technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
(10) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 14
That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
Section 65.221 Principal Uses Permitted
Permitted uses in the RC-2 Flood Fringe District shall be those uses of land
or structures listed as permitted uses in the underlying zoning district,
except that mining, extraction operations, the disposal of waste materials,
and landfills, shall not be permitted. The uses are subject to the conditions
of the underlying zoning district, to the Standards for Flood Fringe Permitted
Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section
65.225, and River Corridor Standards and Criteria, Section 65.400.
Section 15
That Section 65.222, (Standards for flood fringe uses) , is hereby repealed in
its entirety and the following adopted in place thereof:
Section 65.222 Standards For Flood Fringe Permitted Uses.
Permitted uses in the Flood Fringe District are subject to the following
standards:
(1) All structures, including accessory structures, must be elevated on fill
so that the lowest floor including basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the regulatory
•
flood protection elevation and the fill shall extend at such elevation
8
(//-.c3/
•
S at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(2) As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square fee
for the outside dimension at ground level may be internally flood
proofed in accordance with Section 65.214(6) .
(3) The cumulative placement of fill where at any one time in excess of one-
thousand (1,000) cubic yards of fill is located on the parcel shall be
allowable only as a Conditional Use, unless said fill is specifically
intended to elevate a structure in accordance with subdivision (1) of
this section.
(4) The storage of any materials or equipment shall be elevated on fill to
the regulatory flood protection elevation.
Section 16
That Section 65.223, (Principal uses permitted subject to special conditions) ,
is hereby repealed in its entirety and the following adopted in place thereof:
• Section 65.223
Principal Uses Permitted Subject To Special Conditions.
The following uses shall be permitted within the RC-2 Flood Fringe District to
the extent they are not prohibited by any other provision of the zoning code
or other ordinances, except that mining, extraction operations, the disposal
of waste materials, and landfills shall not be permitted. The use shall be
permitted only upon the application and issuance of a conditional use permit
by the planning commission. The uses are subject to the conditions of the
underlying zoning district, to the Standards for Flood Fringe Conditional
Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section
65.225, and to the River Corridor Standards and Criteria Section 65.400.
(1) Any structure that is not elevated on fill or flood proofed in
accordance with Section 65.222 (1) or (2) .
(2) Any use of land that does not comply with the standards in Section
65.222 (3) or (4) .
(3) Sewage treatment plants.
Section 17
That Section 65.224, (Standards for flood fringe conditional uses) , of the
• Saint Paul Legislative Code is hereby added to read as follows:
9
•
Section 65.224 Standards For Flood Fringe Conditional Uses. •
Conditional uses in the Flood Fringe District are subject to the following
conditions:
(1) Alternative elevation methods other than the use of fill may be utilized
to elevate a structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of stilts, pilings,
parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be considered
above-grade and not a structure's basement or lowest floor if: 1) the
enclosed area is above-grade on at least one side of the structure; 2) is
designed to internally flood and is constructed with flood resistant
materials; and 3) is used solely for parking of vehicles, building access or
storage. The above-noted alternative elevation methods are subject to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these components
during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and the design plans must
stipulate:
i. The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one-foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
ii. That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
(2) Basements, as defined by Section 60.202 B for this river corridor code,
shall be subject to the following:
a. Residential basement construction shall not be allowed below the •
10
4110 regulatory flood protection elevation.
b. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry and flood proofed in accordance with subdivision (3) of this
section.
(3) All areas of non-residential structures including basements to be placed
below the regulatory flood protection elevation shall be structurally
dry flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the State Building Code. This shall require making
the structure watertight with the walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood proofed to the FP-3 or FP-4 classification
shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill is located on a
parcel for such activities as landscaping, roads, or construction of
flood control works, an erosion/sedimentation control plan must be
submitted. The plan must clearly specify methods to be used to
stabilize the fill on site for a regional flood event. The plan must
be prepared and certified by a registered professional engineer or other
• qualified individual acceptable to the planning commission.
(5) Structures may be constructed below the regulatory flood
protection elevation provided they are protected from 100-year floods by
a dike, levee, or floodwall.
(6) Storage of material and equipment shall be subject to the following:
a. Storage of materials or equipment, including materials that are
flammable, explosive, or potentially injurious to human, animal,
or plant life, may be allowed if:
(i) readily removable from the area within the time
available after a flood warning system and in
accordance with a plan approved by the planning
commission; or
(ii) flood-proofed according to the state building
code; or
(iii) elevated above the regulatory flood protection
elevation by alternative methods which meets the
requirements of Section 65.224 (1) ; or
(iv) protected by a dike, levee, or floodwall.
. b. Storage of bulk materials may be allowed provided an
11
erosion/sedimentation control plan is submitted which clearly
1111
specifies methods to be used to stabilize the materials on site
for a regional flood event. The plan must be prepared and
certified by a registered professional engineer or other qualified
individual acceptable to the planning commission.
(7) No new construction, addition or modification to existing sewage
treatment plants shall be permitted within the floodplain unless
emergency plans and procedures for action to be taken in the event of
flooding are prepared, filed with and approved by the Minnesota
Pollution Control Agency. The emergency plans and procedures must
provide for measures to prevent introduction of any pollutant or toxic
material into the floodwaters.
Section 18
That Section 65.225, (Standards for all flood fringe uses) , of the Saint Paul
Legislative Code is hereby added to read as follows:
Section 65.225 Standards For All Flood Fringe Uses.
All uses in the Flood Fringe District are subject to the following standards:
(1) All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation. If a modifications to this requirement is
granted, the planning commission must specify limitations on the period
of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood
emergency response procedures exists.
(2) Commercial Uses. Accessory land uses, such as yards, railroad tracks,
and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used
by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth greater than two
(2) feet or be subject to flood velocities greater than four (4) feet
per second upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses. Measures shall be taken to minimize
interference with normal plant operations. Certain accessory land uses
such as yards and parking lots may be at lower elevation subject to
requirements set out in subdivision (2) above. In considering permit
applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
(4) Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has established
12
• criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area
designation will be requested.
(5) Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the official zoning map.
(6) Manufactured homes must meet all the density, setback, and other
requirements for residential use of the zoning code and all requirements
of the housing and building code. Travel trailers shall not be used for
living quarters.
(7) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 19
• That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is
hereby added to read as follows:
Article III. 65.300
Public Utilities, Railroads, Roads, and Bridges
Section 65.301 Public utilities, railroads, roads, and bridges.
(1) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood
plain shall be flood-proofed in accordance with the State Building Code
or elevated to above the regulatory flood protection elevation.
(2) Public Transportation Facilities. Railroad tracks, roads, and bridges
to be located within the flood plain shall comply with Sections 65.210
and 65.220 of this Ordinance. Elevation to the regulatory flood
• protection elevation may be required by the planning commission where
failure or interruption of these transportation facilities would result
in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or auxiliary
roads or rail roads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger
the public health or safety.
(3) On-site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On-site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the
13
systems; and 2) new or replacement on-site sewage treatment systems must •
be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters and they
shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on-site sewage treatment systems
shall be determined to be in compliance with this Section.
Section 20
That Section 65.411 (Protection of shorelands, wetlands and bluffs)
subdivisions (b)(2) (placement of structures) and (c)(3) (grading and filling)
are hereby repealed in their entirety.
Section 21
That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby
added to read as follows:
(7) Plans shall be submitted to the planning commission for any development
placed landward from dikes, floodwalls, or levees which is below the
flood protection elevation of the dikes, floodwalls or levees. The
plans must provide measures to ensure that floodwaters do not back up
onto the development from storm water drainage systems.
•
Section 22
That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Section 65.506. Subject to appeal.
All decisions by the planning commission or planning administrator granting or
denying a conditional use permit shall be final subject to appeal to the city
council na outlined hcrcin. in accordance with Section 64.206.
Section 23
That Section 65.501 (Application) of the Saint Paul Legislative Code is hereby
amended to read as follows:
Section 65.501. Application.
Conditional use permits shall be issued by the planning commission, except
that the planning commission may delegate authority to issue conditional use
permits to the planning administrator according to rules which the commission
may prescribe. Such rules will be filed with the office of the city clerk.
Applications shall be submitted to the planning administrator together with
14
• application fee in the amount determined by the city council. Upon receipt of
an application, the planning administrator shall determine whether to require
any or all of the following four (4) six (6) items of information supplied by
the applicant as a prerequisite to the consideration of the application:
(1) Plans in triplicate drawn to scale prepared by and signed by a
registered engineer, architect and/or land surveyor as applicable,
showing the nature, location, dimensions and elevation of the land;
existing surface contours, structures, streets and utilities; proposed
surface contours, structures, fill and the location and elevations of
proposed streets, water supply, sanitary facilities and other utilities
showing the relationship of the above to the channel and to the
designated River Corridor District limits.
(2) Specifications for building construction and materials, flood-proofing,
filling, dredging. grading. channel improvements, storage of materials.
water supply, and sanitary facilities.
(2) (3)Typical valley cross-sections of areas to be occupied by the proposed
development showing the channel of the stream, elevation of land areas,
high water information, vegetation and soil types.
(3)(4)Plan (surface view) of the proposed development showing the proposed use
• or uses of the area and structures and providing location, relationships
and spatial arrangements of those uses and related structures to
pertinent elevations, fill, storage location, utilities and other
features.
444-(5)Profile showing the slope of the bottom of the channel and flow lines of
the stream.
(6) A written evaluation by a registered engineer or other expert person or
agency of the proposed project in relationship to flood heights and
velocities, the seriousness of flood damage to the use, the adequacy of
plans for flood protection, and other technical matters.
Section 24
That Section 65.509 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.509 Notice of increased insurance costs.
The planning administrator shall notify all applicants who propose to
construct a structure, other than an accessory structure, below the regulatory
flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3)
that:
• 1) The issuance of a conditional use permit to construct a structure below
15
the regulatory flood protection elevation will result in increased premium •
rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and 2) such construction below the regulatory flood protection
elevation increases risks to life and property. Such notification shall be
maintained with a record of the conditional use. The planning administrator
shall report such conditional uses issued in the biennial report submitted to
the administrator of the National Flood Insurance Program.
Section 25
That Section 65.600 (Appeal) of the Saint Paul Legislative Code is hereby
repealed in its entirety.
Section 26
That Section 65.650 (Modifications) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Sec. 65.650. Modifications.
(a) The planning commission is hereby authorized to eeettimend grant
modifications to the provisions of this chapter where it appears that by
reason of exceptional circumstances the strict enforcement of this •
chapter would cause undue hardship and strict conformity with the
standards would be unreasonable, impractical and not feasible under the
circumstances. The burden of proof shall rest with the applicant to
demonstrate conclusively to the commission that such modification will
not result in a hazard to life or property and will not adversely affect
the safety, use or stability of a public way, slope or drainage channel,
or the natural environment; such proof may include soils, geology and
hydrology reports which shall be signed by registered professional
engineers. Modifications granted by the planning commission shall be
consistent with the general purposes of the standards contained in this
chapter and state laws and the intent of applicable state and national
lays and programs. Although modifications may be used to modify
permissible methods of flood protection, no modification shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood protection
• elevation for the particular area, or permit a lesser degree of flood
protection than required by state law. Appeals from the decision of the
planning commission may be taken to the city council in accordance with
Section 44:4445. 64.206. Applications for modification shall be filed
together with the required fee with the planning administrator.
(b) Notwithstanding any other provision of this river corridor code.
modifications may be granted for the repair or rehabilitation of
historic structures upon a determination that the repair or
rehabilitation will not preclude the structure's continued designation •
as a historic structure, the modification is the minimum necessary to
16
• preserve the historic character and design of the structure and the
repair or rehabilitation will not cause a significant increase in the
height of the regional flood.
414(c)A copy of the application for a modification shall be submitted to the
commissioner of natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days' notice of the planning
commission hearing. A copy of all decisions granting modifications
shall be forwarded to the commissioner of natural resources within ten
(10) days of such action.
Section 27
That Section 65.700 (Amendments) is hereby amended to read as follows:
Section 65.700 Amendments
(a) All amendments shall be made in the manner set forth in Minnesota
Statutes, Section 462.357. The floodplain designations established by
this chapter shall not be removed from floodplain areas unless it can be
shown that the designation is in error or that the areas are filled to
an elevation at or above the flood protection elevation and are
contiguous to other lands lying outside the floodplain district.
Special exceptions to this rule may be permitted by the commissioner of
natural resources if he determines that, through other measure, lands
are adequately protected for the intended use.
All amendments shall be made in the manner act forth in Minnesota
- -
of natural resources and the Federal $nce AdminIstrat on for
their approval prior to adoption by the city council.
(b) All amendments to this Ordinance, including amendments to the River,
Corridor Overlay Districts maps, must be submitted to and approved by
the Commissioner of Natural Resources prior to adoption. Changes to the
RC-1 and RC-2 maps must meet the Federal Emergency Management Agency's
(FEMA) Technical Conditions and Criteria and must receive prior FEMA
approval before adoption. The Commissioner of Natural Resources must be
given 10-days written notice of all hearings to consider an amendment to
the Ordinance and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
•
Section 28
That Section 65.800 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.800 Administration
• (a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning
administrator shall maintain a record of the elevation of the lowest
17
floor (including basement) of all new structures, altered structures, or
additions to existing structures in the flood plain. The zoning •
administrator shall also maintain a record of the elevation to which all
new structures and alterations or additions to structures are flood
proofed.
(b) State and federal permits. Applicants for special condition use
permits, modifications, and site plan review approval are responsible
for obtaining all necessary state and federal permits.
(c) Warning and Disclaimer of Liability. This ordinance does not imply that
areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City of Saint
Paul or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
(d) Severability. If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be
affected thereby.
Section 29
That Section 65.900 of the Saint Paul Legislative Code is hereby added to read
•
as follows:
Section 65.900 Floodplain non-conforming structures.
Non-conforming use of structures and land and non-conforming structures shall
be subject to the provisions of Section 62.102 and to the following
regulations:
(1) A structure which was lawful before the passage or amendment of this
ordinance but which is not in conformity with the provisions of this
ordinance may be continued subject to the following conditions:
(a) No structure shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
(b) Any alteration or addition to a nonconforming structure which
would result in increasing the flood damage potential of that
structure or use shall be protected to the regulatory flood
protection elevation in accordance with any of the elevation on
fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood
proofing classifications) allowable in the State Building Code,
except as further restricted in (c) below.
(c) The cost of any structural alterations or additions to any
18 •
nonconforming structure over the life of the structure shall not
• exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all
structural alterations and additions constructed since January 28,
1982, must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current cost of all
previous and proposed alterations and additions exceeds 50 percent
of the current market value of the structure, then the structure
must meet the standards of Section 65.210 or 65.220 of this
Ordinance for new structures depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
(d) When the use of a nonconforming structure is discontinued or
ceases to exist for three hundred sixty-five (365) days, the
nonconforming structure shall not thereafter be reused until the
nonconforming structure is made conforming to the flood protection
measures of this ordinance, unless the planning commission,
pursuant to a public hearing, finds that the nonconforming
structure cannot reasonably or economically be made into a
conforming structure and that reuse of the nonconforming
structure is consistent with the public health, safety, morals,
and general welfare of the community and is consistent with the
reasonable use and enjoyment of adjacent property.
(e) If any nonconforming structure is destroyed by any means,
• including floods, to an extent of 50 percent or more of its market
value at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this Ordinance. The
applicable provisions for establishing new structures in Sections
65.210 or 65.220 will apply depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
Section 30
That Section 65.950 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.950. Areas Protected by Dikes, Levees,
and Floodwalls
Areas which the Federal Emergency Management Agency has removed from the
floodplain through a revision to the Flood Insurance Rate Map or a Letter of
Map Revision because the areas are protected by a dike, levee, or floodwall
shall be exempt from the flood protection regulations of this code.
Section 31
That Section 62.102 (Nonconforming lots, nonconforming uses of land, non-
• 19
conforming structures and nonconforming uses of structures and premises)
subdivision (d) (2)Nonconforming structure with conforming use) is hereby
•
amended to read as follows:
(2) Should such structure be destroyed by any means to an extent of
more than sixty (60) percent of its replacement cost, exclusive of
the foundation, at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this
code.
In the case of the River COrridor, if any such structure is
destroyed by any means to an extent of more than fifty (50)
percent of its market value at the time of destruction, it shall
the code.
Section 32
That Section 62.102 (Non-conforming lots, nonconforming use of land,
nonconforming uses of structures and premises) subdivision (h) (Major
alterations) is hereby repealed in its entirety.
Section 33
That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e)
is hereby added to read as follows:
(e) A copy of administrative appeals concerning the River
Corridor Districts shall be submitted to the commissioner of
natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days notice of
the board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10) days of
such action.
Section 34
That Section 64.101 (Duties of Zoning Administrator) paragraph (e) of the
Saint Paul Legislative Code is hereby repealed in its entirety.
Section 35
That Section 67.504 (Drainage and storm sewers) subdivision (f) Areas of poor
drainage of the Saint Paul Legislative Code be amended so as to add the
following new clause (5) thereto:
20 •
9 /- 5-3/
(5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe
• District:
(a) The subdivision and the individual lots shall have road access no
lower than two (2) feet below the regulation flood protection
elevation.
(b) The floodway and flood fringe district boundaries, the regulatory
flood protection elevation and the required elevation of all access
roads shall be clearly labeled on all required subdivision drawings
and documents.
(c) The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area for certain
structures properly elevated on fill above the 100-year flood
elevations. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure
or multi-lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
Section 36
That Section 65.233 (Standards for urban open uses) is hereby amended by
adding new subdivision (d) to read as follows:
• Section 65.233. Standards for urban open uses.
(a) Development shall be limited to forty (40) feet in height.
(b) The development of new and expansion of existing commercial and
industrial uses shall only be on lands which are on the landward
side of blufflines.
(c) Mining and extraction operations shall not be permitted.
(d) No use shall be permitted which is likely to cause pollution of
water, as defined in Minnesota Statutes. Section 115.01, unless
adequate safeguards, approved by the state pollution control
agency. are provided.
Section 37
That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added
to read as follows:
Section 65.243. Standards for urban diversified uses.
No use shall be permitted which is likely to cause pollution of waters, as
defined in Minnesota Statutes, Section 115.01, unless adequate safeguards,
•
21
approved by the state pollution control agency, are provided.
•
Section 38
That the River Corridor Overlay Zoning District maps, as incorporated by
reference in Section 65.102 of the Saint Paul Legislative Code, are hereby
amended as follows: (1) the lands along Kellogg Boulevard east of Wall
Street are rezoned from RC-2 to RC-4 as shown on Maps 11 and 12; (2) the
berm north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all
of the Waste Treatment Plant which is surrounded by the protective levee is
rezoned to from RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18; and (3) the
half-moon shaped portion of the Island Station property is rezoned from RC-4
to RC-2, as shown on Map 7. The amended maps accompany and are a part of this
ordinance.
Section 39
This ordinance shall take effect and be in force thirty (30) days from and
after its passage, approval, and publication.
Yeas Nays Absent
Grimm
Guerin
Long Requested by Department of:
Maccabee
hune n
T Pla ing and Economic Development
hune
Wilson
By: t /
Adopted by Council: Date Form Apprl' ed by City Attorney
Adoption Certified by Council Secretary By: �� �
By: n�
Appr•ved by aye r ,submission to
Coun '/1
Approved by Mayor: Date
B •By. 22
•
DEPARTMENTiOFFICECOUNCIL DATE INITIATED
PED - PLANNING 12/21/90 GREEN SHEET ° 10237
Op INITIAL'DATE iNITIAL'DATE
CONTACT PERSON&PHONE DEPARTMENT DIRECTOR E CITY COUNCIL
Roger Ryan 3382 ASSIGN nJ CITY ATTORNEY ®CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR ROUTING r---1 BUDGET DIRECTOR 1111 N.&MGT.SERVICES DIR.
ORDER MAYOR(OR ASSISTANT) , ,
TOTAL# OF SIGNATURE PAGES 2 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Adopt river corridor zoning amendments. Fran -kvic
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CON (ti b G C
K c_ , G QUESTIONS:
A PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever
CIB COMMITTEE YES NO ( s 111000 r
A STAFF 2. Has this person/firm eve
YES NO ABLY di'/�
_ DISTRICT COURT 3. Does this erson/firm
p p< Ma/0 A y current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO ✓ e
Explain all yes answers on separate sheet and attach to green sheet
Economic Development
INITIATING PROBLEM,ISSUE.OPPORTUNITY(Who,What,When.Where,Why):
The Federal Emergency Management Agency and Department of Natural Resources require
City to up-date its floodplain regulations.
ADVANTAGES IF APPROVED:
City will have up-dated floodplain regulations.
•
DISADVANTAGES IF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
City landowners in floodplain could lose flood insurance.
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAINI
SAIN, Interdepartmental Memorandum
PAUL
4 CITY OF SAINT PAUL
AAAA
puma
MEMORANDUM
Date: April 12, 1993
To: Councilperson�Thune and members of the Public Works Committee
From: Roger Ryan V V �C � ` '�1
Re: River Corridor Amendments
The City Planning Division requests that the proposed text and map amendments
to the River Corridor Ordinance be considered and adopted by the City Council.
Most of these amendments have been considered by the Public Works Committee
and the City Council in 1991.
The division believes the amendments should be adopted for the following
reasons.
Text amendments. On March 16, 1993, the Minnesota Department of Natural
Resources (DNR) requested that the City adopt the proposed text amendments so
that the City's ordinance is compliant with the requirements of floodplain
regulations of the National Flood Insurance Program and with the most recent
Federal Emergency Management Agency (FEMA) floodplain maps. The DNR's letter
is attachment 1.
Tilsner Building. The City has recently approved financing to convert the
Tilsner Building, at 315-319 Kellogg Boulevard, to 66 units of housing for
artists. This project will receive historic tax credits and low income
housing credits only if the conversion is completed this year. An aggressive
construction schedule needs to be followed if conversion is to be finished on
time. The building's plans are undergoing site plan review and demolition has
begun prepatory to conversion. However, conversion of the building can not go
forward now because the building is erroneously shown in the floodplain on the
City's River Corridor maps.
The planning staff has recently discovered a discrepancy between the City's
River Corridor Zoning Maps and FEMA's floodplain map for the Tilsner Building
and an adjoining area. The City's River Corridor Zoning Maps show that the
Tilsner Building and adjoining area are located within the floodplain. FEMA's
floodplain map shows that the building and adjoining area are outside of the
1
(ME)
floodplain. (See attachment 2 for a portion of FEMA's map. ) Planning staff
has consulted with the DNR and we agree that FEMA's map is the most recent,
best information and that the building and the adjoining area are outside of
the floodplain.
Since the City's River Corridor maps shows the building in the floodplain, it
can not be converted to housing until either (1) a special condition use
permit is issued with a modification to allow residential use in a
non-floodproofed building, or (2) the City's River Corridor map is changed to
place the building outside of the floodplain, as FEMA's map now shows.
Changing the River Corridor map to show the building outside of the floodplain
is the fastest way to allow the project to go forward. The map change will
also reflect the actual floodplain situation of today for the Tilsner Building
and the adjoining area.
Staff recommends that the City's River Corridor Maps 11 and 12 be revised to
show the Tilsner Building and adjoining area outside the floodplain. The
revised maps are attachment 3.
The planning staff recommendation to the City Council in 1991 concerning the
Waste Treatment Plant is reiterated below.
Waste Treatment Plant. In a letter of June 11, 1991, FEMA accepted the
certification of the engineers for the Metropolitan Waste Control Commission
that the levee around their plant will withstand 100-year flood waters and has
placed the plant outside the floodplain on FEMA's maps. Consequently, staff
recommends that the City's Floodplain Maps Numbers 12, 15, 16, and 18 be
revised to show their site outside of the floodplain. FEMA's Map placing the
plant outside the floodplain and revised City River Corridor Maps are
attachment 4.
Island Station Site. Since the City's floodplain map must be consistent with
FEMA's floodplain map, staff recommends that a half-moon portion of the Island
Station Site be placed in the floodplain on the City's River Corridor Map 7.
In a 1990 letter of map revision and in a 1991 new floodplain map, FEMA placed
the Island Station site back within the floodplain, including the half-moon
portion. The City has requested FEMA to revise their map and place the
half-moon portion, as well as other elevated portions of the site, outside the
floodplain. FEMA is awaiting additional data and has not acted on the
request. In the meantime, the half-moon portion should be placed in the
floodplain on the City's floodplain map. The revised map is attachment 5.
An abbreviated chronology of the floodplain history of this site is included
as attachment 6.
Ordinance change. In order to incorporate the staff proposed map changes,
Section 38 of the proposed River Corridor amendment should be changed to
read as follows:
That the River Corridor Overlay Zoning District maps. as incorporated by
2
reference in Section 65.102 of the Saint Paul Legislative Code, are hereby
amended as follows: (1) the lands along Kellogg Boulevard east of Wall
Street are rezoned from RC-2 to RC-4 as shown on Maps 11 and 12: (2) the
berm north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all
of the Waste Treatment Plant which is surrounded by the protective levee is
rezoned to from RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18: and (3) the
half-moon shaped portion of the Island Station property is rezoned from RC-4
to RC-2, as shown on Map 7. The amended maps accompany and are a part of this
ordinance.
For reference, a copy of the entire proposed River Corridor Amendment is
attached. It includes the amendments made by the Public Works Committee in
May 1 1991; the amendments proposed to the City Council on June 20, 1991; and
the above amendment to Section 38.
DNR approval. The DNR must review and approve all map and text changes to the
City's River Corridor Ordinance. These proposed changes have been sent to the
DNR for their approval.
3
- . -ATTACHMENT 1 •
M �������STATE n OF
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40
DNR INFORMATION
(612) 296-6157 RELIVED
March 29, 1993 APR 0 1 1993
The Honorable James Scheibel MAYOR'S OFFICE
Mayor, City of St. Paul
15 W. Kellogg Blvd
St. Paul, MN 55102
Dear Mayor Scheibel:
NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY ASSISTANCE VISIT
Thank you for the time that Roger Ryan--as well as several staff from the planning and
building departments--spent with Molly Shodeen and Judy Boudreau on March 16, 1993
to discuss floodplain management in St.Paul. We appreciate the interest shown. The
meeting was conducted by our staff on behalf of the Federal Emergency Management
Agency(FEMA) in consideration of your City's continued participation in the National
Flood Insurance Program (NFIP).
During the course of the meeting, several topics were discussed, some of which require
follow-up action by the City:
1. Your Floodplain ordinance is non-compliant due to 1986 changes to federal
requirements of the NFIP. A draft version of a compliant ordinance was approved
on May 21, 1991, however we still await certified copies of an adopted ordinance.
Federal regulations only allow 90 days from the date of this visit for finalization of
non-compliant ordinances. This deadline will occur on June 15, 1993. It is
suggested that you attempt to meet the federal deadline with substantial progress
in order to avoid any possible sanctions imposed by FEMA.
In addition, the new 1989/1991 maps have never been adopted, and city staff
technically should be administering floodplain regulations based on higher river
elevations with no floodway (from the 1982 maps). This fact could jeopardize the
city's standing with FEMA as well.
We are aware that one of the reasons City Council has not acted on the draft
ordinance is the pending law suit on John Kerwin's property(the old NSP plant).
It is our opinion that the language of the ordinance which would have any impact
on the outcome of that suit has not changed in the new draft.
2. The City did not have forms for recording base flood elevations or inspecting and
certifying elevations of the lowest floor of permitted structures. Zoning forms and
elevation certificates were provided to city staff at the meeting which can be used
to provide elevation information necessary to ensure compliance with the
AN EQUAL OPPORTUNITY EMPLOYER
ATTACHMENT 1
Mayor James Scheibel
Page 2
floodplain ordinance. An additional form for certifying floodproofed residential
structures is being provided to Mr.Ryan in his copy of this letter.
Once the proper flood protection elevation (remembering to add in a foot of
freeboard to the flood elevation) has been determined for a particular site, that
elevation can be specified on the building permit. During inspections, the as-built
elevation or floodproofed elevation should be certified in accordance with your
ordinance before a certificate or occupancy or zoning compliance is issued. (These
forms are also helpful for providing elevation information to property owners,
lenders and/or agents, as desired.) Please try to have this system, or one similar to
it, implemented immediately.
In closing, the City is commended for the excellent job of floodplain management and
ordinance implementation. Should you have any questions relating to routine floodplain
management they should be directed to Ms. Shodeen at (612) 772-7910. If you or your
staff have any questions regarding this assessment please contact Judy Boudreau at (612)
296-9224.
•
Sincerely,
J
Joseph C. Gibson, Supervisor
Floodplain Program
JCG/JB
cc: Roger Ryan, Planner IV
Jeanne Kern,FEMA •
Molly Shodeen,Area Hydrologist
Lloyd Knudson,Acting Regional Hydrologist
•
•
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ATTACHMENT 6
CHRONOLOGY OF ISLAND STATION SITE FLOODPLAIN ZONING
1. In August 1989 FEMA released their floodplain map showing the Island
Station building and surrounding land outside of the floodplain. The building
and surrounding land had been shown on previous FEMA floodplain and City
zoning maps as being within the floodplain.
2. After asking FEMA to review its decision to place the building outside of
the floodplain, in July 1990 the planning staff informed Mr John Kerwin, the
property owner, that it intended to recommend that most of the site be placed
outside the Floodplain.
3. In September 1990 the DNR requested that FEMA place the site back in the
floodplain, citing these reasons: (1) the fill on the site is very permeable
to flood waters; (2) one or more levels of the building are below the 100-year
flood level: and (3) an old cooling water culvert directly connects the river
to the building. The DNR also informed planning staff that the site should
continue to be considered in the floodplain unless informed to the contrary by
DNR.
4. In November 1990, FEMA notified the City that they had placed the site
back within the floodplain by issuing a letter of Map revision. The map
revision showed a half-moon portion of the site within the floodplain which on
previous FEMA and City maps been shown outside the floodplain.
5. In December 1990, the Planning Commission recommended that a half-moon
portion of the site be placed in the floodplain so that the FEMA's and the
City's map would be consistent with one another. This was done with the
understanding that the City would request that FEMA remove from the floodplain
the half-moon portion and all adjacent land which had recently been filled
above the 100-year flood level.
6. In December 1990 the City made the map revision request to FEMA.
7. After reviewing the City's request, in April 1991 the DNR recommended to
FEMA that the half-moon portion of the site be removed from the floodplain,
but that the adjacent recently filled areas remain within the floodplain.
They cited lack of engineering data on fill consistency, compaction, and
erosion protection for the recently filled areas.
8. FEMA published a new map panel for the area, dated July 2, 1991, in which
the Island Station site is located. This map incorporates the changes made in
the letter of map revision of November 1990, item 4 above.
9. In September 1991, FEMA requested that it be provided data so it could
complete its review of the City's requested map revision. In October 1991,
planning staff requested the data from Mr. Kerwin. Mr. Kerwin has not
provided the data and FEMA has not acted upon the request.
10. As of April 1993 the site, including the half-moon portion, is shown
1
within the floodplain on FEMA's map and, except for the half-moon portion,
within the floodplain on the City's map.
2
��� STATE OF //��It •
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 32
DNR INFORMATION
(612) 296-6157
April 21, 1993
Mayor James Scheibel
City of St. Paul
15 West Kellogg Boulevard
St. Paul, MN 55102
Dear Mayor Scheibel:
It is my understanding based on conversations and correspondence with Roger Ryan that the
Public Works Committee and the City Council will be meeting to amend the City's River
Corridor Ordinance to become compliant with changes in the National Flood Insurance
Program Regulations. The City will also be addressing changes to its zoning maps to make
them the same as the Flood Insurance Rate Maps (FIRM).
The Department of Natural Resources is in agreement with the recommendations contained in
an April 12, 1993, Memorandum from Roger Ryan to Councilperson Thune and the Public
Works Committee.
This letter constitutes an interim approval of these proposed changes. Final approval cannot
occur until the ordinance amendments and map changes are approved by the City Council.
Sincerely,
DIVISION OF WATERS
if Og.azghi`Slum, Supervisor
Land Use Unit
OS/JG:kf
cc: Molly Shodeen
AN EQUAL OPPORTUNITY EMPLOYER
Public Works Committee Report 677/ } 3l
April 21, 1993 .
Page -3-
fr
9. Final Order: Sidewalk construction and/or reconstruction at the following locations:
WARD 7
9304 oth sides Burns Ave. from Birmingham St. to N. White Bear Ave. (Dist. 1)
S9305 Both sides Conway St. from Mendota St. to Forest St. (Dist. 4)
S9306 Both sides Flandrau St. from Conway St. to Wilson Ave. (Dist. 1)
S9307 Both sides Euclid Ave. from Flandrau St. to N. White Bear Ave. (Dist. 1)
S9308 East side Ruth St. from Burns Ave. to Suburban Ave. (Dist. 1)
Public Hearing is scheduled for April 27, 1993. (Staff-Tom Keefe)
(Committee recommends approval with no assessments to the Burns Avenue property
owners, File No.S9304, 4-0)
10. Discussion - The Bank of Saint Paul Curbside Teller. (Staff-Dan Dunford)
(Committee recommends approval of an ordinance granting permission to the Saint
Paul Port Authority to install a curbside drive up teller, 4-0. This ordinance was
originated, and accepted, in committee. An ordinance will be submitted to the City
Clerk's Office upon the completion of the City Attorney's review.)
11. Resolution -93-397 - Granting a variance from Chapter 293 of the Legislative Code regarding
a sound level variance from the St. Paul Department of Public Works to facilitate construction
along a railroad track near 695 Watson and 676 Armstrong. (Staff-Peter Kishel)
(Committee recommends lay over in committee to May 5, 1993, 3-0.)
12. Resolution -93-217 - Reconsidering C.F. 91-1072 action and initiating a process to reconsider
previous Council Action on Shepard Road regarding the selection of a grade separated
intersection at Chestnut Street. (Staff-Leon Pearson)
(Committee recommends to move item out to Council with no recommendation, 3-0.)
libOrdinance - 91-531 - Adopting river corridor zoning amendments. (Staff-Roger Ryan)
(Committee accepts amendments made to CF 91-531 and recommends approval of the
amended ordinance, 3-0. The discussion of the Island Station Site will be continued
at the May 5th Public Works Committee meeting. If any changes are made, an
amendment will be made to CF 91-531 before its final adoption. The Committee
requests the administration to grant a special building permit allowing construction on
the Tilsner Building to begin immediately.)
14. Corresponce from Joan Riebel.
(Committee recommends approval to strike the sidewalk removal order, provided that
there will be no parking on the turnaround. The turnaround will be removed if this new
agreement is violated. Committee asks that Bob Piram send out a letter stating this
new agreement, 4-0)
1st ,g-„2 -9/ 6%/9/
3rd /:?2 o/9/ Adopted
Yeas Nays
DIMOND
QGOSWITZ
,7/S � LONG
� MACCABEE
RETTMAN
THUNE
MR. PRESIDENT, WILSON
AIL
ORIGINAL
1 Council File #
Ordinance #
Green Sheet # •
ORDINANCE
CITY OF SAINT • �= OTA
Presented By J1,41111- ismiLAIII
4110tromi VW."
R rred To t� r� "� a,, Committee: Date 2.3
ZONI G CODE AMENDMENTS
An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul
Legislative Code pertaining to the Zoning Code regarding the River Corridor.
The council of the city of Saint Paul does ordain:
Section 1
That Section 60.202 B of the Saint Paul Leg" _lative Code be amended so as to add
the following new definition thereto:
Basement (River Corridor District only . Any area of a structure having its
floor subgrade (below ground level) o, all four sides.
Section 2
That Section 60.206 F of the Sa" t Paul Legislative Code be amended so as to add
the following new definition . ereto:
Flood. A temporary increas: in the flow or stage of a stream or in the stage of
a wetland or .lake that res lts in the inundation of normally dry areas.
Section 3
That Section 60.208 of the Saint Paul Legislative Code be amended so as to add
the following:
Historic Structur . (River Corridor District only) . Any structure that is:
(a) Listed in-4ividually in the National Register of Historic
Places ( . listing maintained by the Department of Interior)
or prel minarily determined by the Secretary of the
Interior as meeting the requirements for individual listing
on the National Register;
(b) Cer fied or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance
of a registered historic district or a district prelimin-
arily determined by the Secretary to qualify as a
registered historic district; or
(c) Designated by the City as a heritage preservation site.
Section 4
That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add
the following new definition thereto:
Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in,
along, across, or projecting into any channel, watercourse, or regulatory flood
plain which may impede, retard, or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such water.
Section 5
That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add
the following definition thereto:
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Section 6
That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended
to read as follows:
Sec. 65.101. Intent and Purpose: The River Corridor District and its
subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts,
designed to provide comprehensive floodplain and river bluff management for the
City of Saint Paul in accordance with the policies of Minnesota Statutes
(Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive
Order No. 79-19.
It is the purpose of this chapter:
1— To protect and preserve the Mississippi River Corridor as a
unique and valuable resource for the benefit of the health,
safety, and welfare of the citizens of the city and the
state:
2. To prevent and mitigate irreversible damage to the
Mississippi River Corridor:
2
Oii $Gfi'AL
3. To protect and preserve the Mississippi River Corridor as an
essential element in the federal, state, regional and local
recreation, transportation, sewer and water systems:
4. To maintain the River Corridor's value and utility for
residential, commercial, industrial and public purposes:
5. To protect and preserve the Saint Paul Mississippi River
Corridor's biological and ecological functions:
6 To preserve and enhance the Saint Paul Mississippi River
Corridor's aesthetic, cultural, scientific and historic
functions:
7. To guide development of the floodplain so as to minimize
loss of life, threats to health, and private and public
economic loss caused by flooding: and
8. To guide floodplain development in order to lessen the
adverse affects of floods, but not to reduce or eliminate
flooding.
Section 7
That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
(a) This ordinance shall apply to all lands within the city of Saint Paul
shown on the river corridor overlay zoning district maps as being located
within the boundaries of the RC-1 River Corridor Floodway District, RC-2
River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space
District, and RC-4 River Corridor Urban Diversified District.
Section 8
That Section 65.102 (Establishment) of the Saint Paul Legislative Code be
amended so as to add the following new subdivision (b) thereto, to renumber
present Subdivision (b) to be Subdivision (c) , and to amend new Subdivision
(c) to read as follows:
(b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps, dated
July 6, 1987, together with all matters attached thereto, are hereby
adopted by reference and made a part of this code as if the matters and
information set forth therein were fully described herein. The attached
material shall include: (1) the Flood Insurance Study for the city of
Saint Paul prepared by the Federal Insurance Administration dated August
3, 1989; (2) the Flood Insurance Rate Map, dated August 3, 1989; and
(3) four (4) maps entitled River Corridor Floodway District, dated July
6, 1987.
3
UttIQIINAL
(c) (b)Within these districts all uses not allowed as permitted uses or as
permitted uses subject to special conditions shall be and are hereby
prohibited. Legal nonconforming structures or uses existing on the
effective date of this chapter or amendment thereto will be permitted to
continue as provided in Section 62.102 and section 65.900.
Section 9
That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed
in their entirety and the following new subdivisions (c) , (d) , and (e) are
adopted in place thereof:
(c) A site plan shall be submitted to and approved by the planning
commission in accordance with Section 62.108 before a permit is issued
for any development on property wholly or partially located within the
River Corridor District. For any development in the RC-1 and RC-2
districts, the site plan shall include the regulatory flood protection
elevation; the proposed elevation of fill; the proposed elevation of the
lowest floor of new structures, altered structures, and additions to
existing structures; and the proposed elevation to which structures will
be floodproofed.
(d) All building permits for structures proposed to be floodproofed in the
RC-1 and RC-2 districts shall be reviewed to determine whether the
structures will be adequately floodproofed.
(e) Certification. Before a certificate of occupancy is issued for any
development in the RC-1 and RC-2 districts, the applicant shall submit
to the zoning administrator certification by a registered professional
engineer, registered architect, registered landscape architect, or
registered land surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of this ordinance.
Finished fill and building elevations shall be verified by ground
surveys. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Section 10
That Section 65.211 of the Saint Paul Legislative Code is hereby amended to
read as follows:
Sec. 65.211. Principal uses permitted.
The following uses shall be permitted within the RC-1 Floodway District to the
extent that they are not prohibited by any other provision of the zoning code
or other ordinances_ and provided that they have a low flood damage
potential, will not materially obstruct flood flows or incrcaoc vclocitico or
otagco of the regional flood, and do not require structures, fill, storage of
materials or storage of equipment. The uses are subject to the conditions of
the underlying zoning district, to the Standards For Floodway Permitted Uses,
Section 65.212, and to the River Corridor Standards and Criteria, Section
65.400.
4
CiidGINAL
(1) Nonstructural industrial and commercial uses, such as open-loading
areas, parking areas, interior service roads, airport service roads and
airport runways.
(2) Public and private recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic and camp grounds, boat
launching and beaching areas or ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game farms, fish hatcheries,
and hiking, bicycling, horseback or recreational vehicle areas and
trails, and other open space uses.
(3) Accessory residential uses such as lawns, gardens, parking areas and
play areas.
(b) In addition, no permitted use within the Floodway District shall
adversely affect the hydraulic capacity of the channel or floodway
or any tributary to the main stream or of any ditch or other
drainage facility or system, and no use shall be permitted which
is likely to cause pollution of waters, as defined in Minnesota
Statutes, Section 115.01, unless adequate safeguards, approved by
the state pollution control agency, arc provided.
(c) Permitted uses arc subject to applicable standards in Section
65.400 ct.scq.
Section 11
That Section 65.212 (Principal uses permitted subject to special conditions)
of the Saint Paul Legislative Code is hereby repealed in its entirety and the
following adopted in place thereof:
Section 65.212 Standards For Floodway Permitted Uses
Permitted uses in the Floodway District are subject to the following
standards:
(1) The use shall not significantly obstruct flood flows or significantly
increase flood elevations and shall not involve structures, fill,
obstruction, excavations, or storage of materials or equipment.
(2) The use shall have a low flood damage potential.
(3) The use shall not adversely affect the hydraulic capacity of the channel
or floodway or any tributary to the main stream or of any ditch or other
drainage facility or system.
(4) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
5
Section 12
That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul
Legislative Code is hereby repealed in its entirety and the following adopted
in place thereof:
Section 65.213 Permitted Uses Subject To Special Conditions
The following uses shall be permitted within the RC-1 Floodway District to the
extent they are not prohibited by any other provision of the zoning code or
other ordinances. The uses shall be permitted only upon the application and
issuance of a conditional use permit by the planning commission. The uses are
subject to the conditions of the underlying zoning district, to the Standards
for Floodway Conditions Uses, Section 65.214, and to the River Corridor
Standards and Criteria, Section 65.400.
(1) Railroads, highways, streets, alleys, access roads, bridges, sewers,
utilities, utility transmission lines, and pipe lines.
(2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water
control structures, and navigation facilities.
(3) Storage yards or areas for equipment, machinery or bulk materials.
(4) Structures accessory to permitted uses, Section 65.212, or conditional
uses of this section.
(5) Placement of fill.
(6) Structural works for flood control such as levees, dikes, and floodwalls
constructed to any height where the intent is to protect individual
structures.
Section 13
That Section 65.214 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.214 Standards For Floodway Conditional Uses.
Conditional uses in the Floodway District are subject to the following
standards:
(1) No structure, (temporary or permanent) , fill deposit, (including fill
for roads and levees) , obstruction, storage of materials or equipment,
or other use may be allowed which will cause an increase in the height
of the regional flood or cause an increase in flood damages in the reach
or reaches affected.
6
®RIG
(2) Fill shall be protected from erosion by vegetative cover, mulching,
riprap, or other acceptable method.
(3) Accessory structures shall not be designed for human habitation.
(4) Accessory structures shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters.
a. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
b. So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
(5) All accessory structures must be elevated on fill so that the lowest
floor, including basement floor, is at or above the regulatory flood
protection elevation. The finished fill elevation for accessory
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(6) As an alternative to elevation on fill, accessory structures may be
structurally dry flood proofed in accordance with the FP-1 or FP-2 flood
proofing classification in the State Building Code or flood proofed to
the FP-3 or FP-4 flood proofing classification in the State Building
Code provided the accessory structure constitutes a minimal investment,
does not exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following
additional standards, as appropriate:
a. The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
and
b. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly flood proofed.
(7) Storage of materials or equipment may be allowed if readily remov-
able from the area within the time available after a flood warning
and in accordance with a plan approved by the planning commission.
(8) Structural works for flood control that will change the course, current
or cross section of protected wetlands, or public waters shall be
subject to the provisions of Minnesota Statute, Chapter 105. Community-
wide structural works for flood control intended to remove areas from
the regulatory flood plain shall not be allowed in the floodway.
(9) A levee, dike or floodwall constructed in the floodway shall not cause
7
•
an increase to the regional flood and the technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
(10) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 14
That Section 65.221, (Principal uses permitted) , of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
Section 65.221 Principal Uses Permitted
Permitted uses in the RC-2 Flood Fringe District shall be those uses of land
or structures listed as permitted uses in the underlying zoning district,
except that mining, extraction operations, the disposal of waste materials,
and landfills, shall not be permitted. The uses are subject to the conditions
of the underlying zoning district, to the Standards for Flood Fringe Permitted
Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section
65.225, and River Corridor Standards and Criteria, Section 65.400.
Section 15
That Section 65.222, (Standards for flood fringe uses) , is hereby repealed in
its entirety and the following adopted in place thereof:
Section 65.222 Standards For Flood Fringe Permitted Uses.
Permitted uses in the Flood Fringe District are subject to the following
standards:
(1) All structures, including accessory structures, must be elevated on fill
so that the lowest floor including basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(2) As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square fee
for the outside dimension at ground level may be internally flood
proofed in accordance with Section 65.214(6) .
(3) The cumulative placement of fill where at any one time in excess of one-
thousand (1,000) cubic yards of fill is located on the parcel shall be
8
allowable only as a Conditional Use, unless said fill is specifically
intended to elevate a structure in accordance with subdivision (1) of
this section.
(4) The storage of any materials or equipment shall be elevated on fill to
the regulatory flood protection elevation.
Section 16
That Section 65.223, (Principal uses permitted subject to special conditions) ,
is hereby repealed in its entirety and the following adopted in place thereof:
Section 65.223
Principal Uses Permitted Subject To Special Conditions.
The following uses shall be permitted within the RC-2 Flood Fringe District to
the extent they are not prohibited by any other provision of the zoning code
or other ordinances, except that mining, extraction operations, the disposal
of waste materials, and landfills shall not be permitted. The use shall be
permitted only upon the application and issuance of a conditional use permit
by the planning commission. The uses are subject to the conditions of the
underlying zoning district, to the Standards for Flood Fringe Conditional
Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section
65.225, and to the River Corridor Standards and Criteria Section 65.400.
(1) Any structure that is not elevated on fill or flood proofed in
accordance with Section 65.222 (1) or (2) .
(2) Any use of land that does not comply with the standards in Section
65.222 (3) or (4) .
(3) Sewage treatment plants.
Section 17
That Section 65.224, (Standards for flood fringe conditional uses) , of the
Saint Paul Legislative Code is hereby added to read as follows:
Section 65.224 Standards For Flood Fringe Conditional Uses.
Conditional uses in the Flood Fringe District are subject to the following
conditions:
(1) Alternative elevation methods other than the use of fill may be utilized
to elevate a structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of stilts, pilings,
parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be considered
above-grade and not a structure's basement or lowest floor if: 1) the
enclosed area is above-grade on at least one side of the structure; 2) is
9
•
designed to internally flood and is constructed with flood resistant
materials; and 3) is used solely for parking of vehicles, building access or
storage. The above-noted alternative elevation methods are subject to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these components
during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and the design plans must
stipulate:
i. The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one-foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
ii. That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
(2) Basements, as defined by Section 60.202 B for this river corridor code,
shall be subject to the following:
a. Residential basement construction shall not be allowed below the
regulatory flood protection elevation.
b. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry and flood proofed in accordance with subdivision (3) of this
section.
(3) All areas of non-residential structures including basements to be placed
below the regulatory flood protection elevation shall be structurally
dry flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the State Building Code. This shall require making
the structure watertight with the walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of
10
buoyancy. Structures flood proofed to the FP-3 or FP-4 classification
shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill is located on a
parcel for such activities as landscaping, roads, or construction of
flood control works, an erosion/sedimentation control plan must be
submitted. The plan must clearly specify methods to be used to
stabilize the fill on site for a regional flood event. The plan must
be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the planning commission.
(5) Structures may be constructed below the regulatory flood
protection elevation provided they are protected from 100-year floods by
a dike, levee, or floodwall.
(6) Storage of material and equipment shall be subject to the following:
a. Storage of materials or equipment, including materials that are
flammable, explosive, or potentially injurious to human, animal,
or plant life, may be allowed if:
(i) readily removable from the area within the time
available after a flood warning system and in
accordance with a plan approved by the planning
commission; or
(ii) flood-proofed according to the state building
code; or
(iii) elevated above the regulatory flood protection
elevation by alternative methods which meets the
requirements of Section 65.224 (1) ; or
(iv) protected by a dike, levee, or floodwall.
b. Storage of bulk materials may be allowed provided an
erosion/sedimentation control plan is submitted which clearly
specifies methods to be used to stabilize the materials on site
for a regional flood event. The plan must be prepared and
certified by a registered professional engineer or other qualified
individual acceptable to the planning commission.
(7) No new construction, addition or modification to existing sewage
treatment plants shall be permitted within the floodplain unless
emergency plans and procedures for action to be taken in the event of
flooding are prepared, filed with and approved by the Minnesota
Pollution Control Agency. The emergency plans and procedures must
provide for measures to prevent introduction of any pollutant or toxic
material into the floodwaters.
11
Section 18
That Section 65.225, (Standards for all flood fringe uses) , of the Saint Paul
Legislative Code is hereby added to read as follows:
Section 65.225 Standards For All Flood Fringe Uses.
All uses in the Flood Fringe District are subject to the following standards:
(1) All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation. If a modifications to this requirement is
granted, the planning commission must specify limitations on the period
of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood
emergency response procedures exists.
(2) Commercial Uses. Accessory land uses, such as yards, railroad tracks,
and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used
by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth greater than two
(2) feet or be subject to flood velocities greater than four (4) feet
per second upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses. Measures shall be taken to minimize
interference with normal plant operations. Certain accessory land uses
such as yards and parking lots may be at lower elevation subject to
requirements set out in subdivision (2) above. In considering permit
applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
(4) Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area
designation will be requested.
(5) Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the official zoning map.
12
ORIGINAL
(6) Manufactured homes must meet all the density, setback, and other
requirements for residential use of the zoning code and all requirements
of the housing and building code. Travel trailers shall not be used for
living quarters.
(7) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
safeguards, approved by the state pollution control agency, are
provided.
Section 19
That Section 65.300, (Public Utilities, Railroads, Roads, and Bridges) , is
hereby added to read as follows:
Article III. 65.300
Public Utilities, Railroads, Roads, and Bridges
Section 65.301 Public utilities, railroads, roads, and bridges.
(1) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood
plain shall be flood-proofed in accordance with the State Building Code
or elevated to above the regulatory flood protection elevation.
(2) Public Transportation Facilities. Railroad tracks, roads, and bridges
to be located within the flood plain shall comply with Sections 65.210
and 65.220 of this Ordinance. Elevation to the regulatory flood
protection elevation may be required by the planning commission where
failure or interruption of these transportation facilities would result
in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or auxiliary
roads or rail roads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger
the public health or safety.
(3) On-site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On-site water supply systems must be
designed to minimize or eliminate infiltration of flood waters into the
systems; and 2) new or replacement on-site sewage treatment systems must
be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters and they
shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on-site sewage treatment systems
shall be determined to be in compliance with this Section.
Section 20
That Section 65.411 (Protection of shorelands, wetlands and bluffs)
subdivisions (b) (2) (placement of structures) and (c)(3) (grading and filling)
are hereby repealed in their entirety.
13
kl3UNAL 9/ -
Section 21
That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby
added to read as follows:
(7) Plans shall be submitted to the planning commission for any development
placed landward from dikes, floodwalls, or levees which is below the
flood protection elevation of the dikes, floodwalls or levees. The
plans must provide measures to ensure that floodwaters do not back up
onto the development from storm water drainage systems.
Section 22
That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Section 65.506. Subject to appeal.
All decisions by the planning commission or planning administrator granting or
denying a conditional use permit shall be final subject to appeal to the city
council as outlincd hcrcin. in accordance with Section 64.206.
Section 23
That Section 65.501 (Application) of the Saint Paul Legislative Code is hereby
amended to read as follows:
Section 65.501. Application.
Conditional use permits shall be issued by the planning commission, except
that the planning commission may delegate authority to issue conditional use
permits to the planning administrator according to rules which the commission
may prescribe. Such rules will be filed with the office of the city clerk.
Applications shall be submitted to the planning administrator together with
application fee in the amount determined by the city council. Upon receipt of
an application, the planning administrator shall determine whether to require
any or all of the following four (4) six (6) items of information supplied by
the applicant as a prerequisite to the consideration of the application:
(1) Plans in triplicate drawn to scale prepared by and signed by a
registered engineer, architect and/or land surveyor as applicable,
showing the nature, location, dimensions and elevation of the land;
existing surface contours, structures, streets and utilities; proposed
surface contours, structures, fill and the location and elevations of
proposed streets, water supply, sanitary facilities and other utilities
showing the relationship of the above to the channel and to the
designated River Corridor District limits.
(2) Specifications for building construction and materials, flood-proofing.
14
filling, dredging, grading, channel improvements, storage of materials,
water supply, and sanitary facilities.
(2)(3)Typical valley cross-sections of areas to be occupied by the proposed
development showing the channel of the stream, elevation of land areas,
high water information, vegetation and soil types.
{34-(4)Plan (surface view) of the proposed development showing the proposed use
or uses of the area and structures and providing location, relationships
and spatial arrangements of those uses and related structures to
pertinent elevations, fill, storage location, utilities and other
features.
{4}(5)Profile showing the slope of the bottom of the channel and flow lines of
the stream.
(6) A written evaluation by a registered engineer or other expert person or
agency of the proposed project in relationship to flood heights and
velocities, the seriousness of flood damage to the use, the adequacy of
plans for flood protection, and other technical matters.
Section 24
That Section 65.509 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.509 Notice of increased insurance costs.
The planning administrator shall notify all applicants who propose to
construct a structure, other than an accessory structure, below the regulatory
flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3)
that:
1) The issuance of a conditional use permit to construct a structure below
the regulatory flood protection elevation will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and 2) such construction below the regulatory flood protection
elevation increases risks to life and property. Such notification shall be
maintained with a record of the conditional use. The planning administrator
shall report such conditional uses issued in the biennial report submitted to
the administrator of the National Flood Insurance Program.
Section 25
That Section 65.600 (Appeal) of the Saint Paul Legislative Code is hereby
repealed in its entirety.
15
�u` Jr,d $ 9/ -..9°-..6/
Section 26
That Section 65.650 (Modifications) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Sec. 65.650. Modifications.
(a) The planning commission is hereby authorized to *eeemmeild grant
modifications to the provisions of this chapter where it appears that by
reason of exceptional circumstances the strict enforcement of this
chapter would cause undue hardship and strict conformity with the
standards would be unreasonable, impractical and not feasible under the
circumstances. The burden of proof shall rest with the applicant to
demonstrate conclusively to the commission that such modification will
not result in a hazard to life or property and will not adversely affect
the safety, use or stability of a public way, slope or drainage channel,
or the natural environment; such proof may include soils, geology and
hydrology reports which shall be signed by registered professional
engineers. Modifications granted by the planning commission shall be
consistent with the general purposes of the standards contained in this
chapter and state laws and the intent of applicable state and national
lays and programs. Although modifications may be used to modify
permissible methods of flood protection, no modification shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood protection
elevation for the particular area, or permit a lesser degree of flood
protection than required by state law. Appeals from the decision of the
planning commission may be taken to the city council in accordance with
Section 64.205 64.206. Applications for modification shall be filed
together with the required fee with the planning administrator.
(b) Notwithstanding any other provision of this river corridor code,
modifications may be granted for the repair or rehabilitation of
historic structures upon a determination that the repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure, the modification is the minimum necessary to
preserve the historic character and design of the structure and the
repair or rehabilitation will not cause a significant increase in the
height of the regional flood.
(b)(c)A copy of the application for a modification shall be submitted to the
commissioner of natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days' notice of the planning
commission hearing. A copy of all decisions granting modifications
shall be forwarded to the commissioner of natural resources within ten
(10) days of such action.
Section 27
That Section 65.700 (Amendments) is hereby amended to read as follows:
Section 65.700 Amendments
16
CYRICANAL
(a) All amendments shall be made in the manner set forth in Minnesota
Statutes, Section 462.357. The floodplain designations established by
this chapter shall not be removed from floodplain areas unless it can be
shown that the designation is in error or that the areas are filled to
an elevation at or above the flood protection elevation and are
contiguous to other lands lying outside the floodplain district.
Special exceptions to this rule may be permitted by the commissioner of
natural resources if he determines that, through other measure, lands
are adequately protected for the intended use.
All amendments shall be made in the manner set forth in Minnesota
of natural resources and the Federal Insurance Administration for
their approval prior to adoption by the city council.
(b) All amendments to this Ordinance, including amendments to the River
Corridor Overlay Districts maps, must be submitted to and approved by
the Commissioner of Natural Resources prior to adoption. Changes to the
RC-1 and RC-2 maps must meet the Federal Emergency Management Agency's
(FEMA) Technical Conditions and Criteria and must receive prior FEMA
approval before adoption. The Commissioner of Natural Resources must be
given 10-days written notice of all hearings to consider an amendment to
the Ordinance and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
Section 28
That Section 65.800 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.800 Administration
(a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning
administrator shall maintain a record of the elevation of the lowest
floor (including basement) of all new structures, altered structures, or
additions to existing structures in the flood plain. The zoning
administrator shall also maintain a record of the elevation to which all
new structures and alterations or additions to structures are flood
proofed.
(b) State and federal permits. Applicants for special condition use
permits, modifications, and site plan review approval are responsible
for obtaining all necessary state and federal permits.
(c) Warning and Disclaimer of Liability. This ordinance does not imply that
areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City of Saint
Paul or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
17
(d) Severability. If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be
affected thereby.
Section 29
That Section 65.900 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.900 Floodplain non-conforming structures.
Non-conforming use of structures and land and non-conforming structures shall
be subject to the provisions of Section 62.102 and to the following
regulations:
(1) A structure which was lawful before the passage or amendment of this
ordinance but which is not in conformity with the provisions of this
ordinance may be continued subject to the following conditions:
(a) No structure shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
(b) Any alteration or addition to a nonconforming structure which
would result in increasing the flood damage potential of that
structure or use shall be protected to the regulatory flood
protection elevation in accordance with any of the elevation on
fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood
proofing classifications) allowable in the State Building Code,
except as further restricted in (c) below.
(c) The cost of any structural alterations or additions to any
nonconforming structure over the life of the structure shall not
exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all
structural alterations and additions constructed since January 28,
1982, must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current cost of all
previous and proposed alterations and additions exceeds 50 percent
of the current market value of the structure, then the structure
must meet the standards of Section 65.210 or 65.220 of this
Ordinance for new structures depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
(d) When the use of a nonconforming structure is discontinued or
ceases to exist for three hundred sixty-five (365) days, the
nonconforming structure shall not thereafter be reused until the
nonconforming structure is made conforming to the flood protection
measures of this ordinance, unless the planning commission,
pursuant to a public hearing, finds that the nonconforming
18
•
NAL
structure cannot reasonably or economically be made into a
conforming structure and that reuse of the nonconforming
structure is consistent with the public health, safety, morals,
and general welfare of the community and is consistent with the
reasonable use and enjoyment of adjacent property.
(e) If any nonconforming structure is destroyed by any means,
including floods, to an extent of 50 percent or more of its market
value at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this Ordinance. The
applicable provisions for establishing new structures in Sections
65.210 or 65.220 will apply depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
Section 30
That Section 65.950 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.950. Areas Protected by Dikes, Levees,
and Floodwalls
Areas which the Federal Emergency Management Agency has removed from the
floodplain through a revision to the Flood Insurance Rate Map or a Letter of
Map Revision because the areas are protected by a dike, levee, or floodwall
shall be exempt from the flood protection regulations of this code.
Section 31
That Section 62. 102 (Nonconforming lots, nonconforming uses of land, non-
conforming structures and nonconforming uses of structures and premises)
subdivision (d) (2)Nonconforming structure with conforming use) is hereby
amended to read as follows:
(2) Should such structure be destroyed by any means to an extent of
more than sixty (60) percent of its replacement cost, exclusive of
the foundation, at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this
code.
In the case of the River COrridor, if any such structure is
destroyed by any means to an extent of more than fifty (50)
percent of its market value at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of
the code.
Section 32
That Section 62.102 (Non-conforming lots, nonconforming use of land,
19
nonconforming uses of structures and premises) subdivision (h) (Major
alterations) is hereby repealed in its entirety.
Section 33
That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e)
is hereby added to read as follows:
(e) A copy of administrative appeals concerning the River
Corridor Districts shall be submitted to the commissioner of
natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days notice of
the board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10) days of
such action.
Section 34
That Section 64.101 (Duties of Zoning Administrator) paragraph (e) of the
Saint Paul Legislative Code is hereby repealed in its entirety.
Section 35
That Section 67.504 (Drainage and storm sewers) subdivision (f) Areas of poor
drainage of the Saint Paul Legislative Code be amended so as to add the
following new clause (5) thereto:
(5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe
District:
(a) The subdivision and the individual lots shall have road access no
lower than two (2) feet below the regulation flood protection
elevation.
(b) The floodway and flood fringe district boundaries, the regulatory
flood protection elevation and the required elevation of all access
roads shall be clearly labeled on all required subdivision drawings
and documents.
(c) The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area for certain
structures properly elevated on fill above the 100-year flood
elevations. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure
or multi-lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
20
INIAL
Section 36
That Section 65.233 (Standards for urban open uses) is hereby amended by
adding new subdivision (d) to read as follows:
Section 65.233. Standards for urban open uses.
(a) Development shall be limited to forty (40) feet in height.
(b) The development of new and expansion of existing commercial and
industrial uses shall only be on lands which are on the landward
side of blufflines.
(c) Mining and extraction operations shall not be permitted.
(d) No use shall be permitted which is likely to cause pollution of
water, as defined in Minnesota Statutes. Section 115.01. unless
adequate safeguards. approved by the state pollution control
agency. are provided.
Section 37
That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added
to read as follows:
Section 65.243. Standards for urban diversified uses.
No use shall be permitted which is likely to cause pollution of waters, as
defined in Minnesota Statutes, Section 115.01, unless adequate safeguards,
approved by the state pollution control agency, are provided.
Section 38
That the River Corridor Overlay Zoning District maps, as incorporated by
reference in Section 65.102 of the Saint Paul Legislative Code, are hereby
amended to rezone the Waste Treatment Plant site from RC-4 to RC-2, as shown
on Maps 12, 15, 16, and 18, and to rezone a half-moon shaped portion of the
Island Station property from RC-4 to RC-2, as shown on Map 7, which maps
accompany and are a part of this ordinance.
21
Section 39
This ordinance shall take effect and be in force thirty (30) days from and
after its passage, approval, and publication.
22
Yeas Nays Absent Requested by Department of:
Dimond
Goswitz
Long
Maccabee
Rettman
Thune
Wilson By:
Adopted by Council: ,ate Form App oved by City Attorney
Adoption Certified •y Council Secretary By:
By: Approved by Mayor for Submission to
Council
Approved by M- or: Date
By: By:
., . illIllIllIlliIlIlIll■■--
TO CITY COUNCIL COMMITTEE: (2/P9,/- 3/
❑ FINANCE, MANAGEMENT& PERSONNEL N? 1®2 3 7
GREEN SHEET
1:1 HOUSING&ECONOMIC DEVELOPMENT ///��� NITIAL/DATE NITIAL/DATE
{(, DEPARTMENT DIRECTOR CITY COUNCIL
�J CITY ATTORNEY 4 I CITY CLERK
El HOUSING&REDEVELOPMENT AUTHORITY v\.\ BUDGET DIRECTOR I I FINN MGT.SERVICES DIR.
MAYOR(OR ASSISTANT)
❑ HUMAN SERVICES,REGULATED INDUSTRIES, ��
AND RULES AND POLICY ONS FOR SIGNATURE)
❑ INTERGOVERNMENTAL RELATIONS 1-".
(:11 NEIGHBORHOOD SERVICES tEC 2—1 1n0
PUBLIC WORKS, UTILITIES &TRANSPORTATION RVICE CONTRACTS MUST ANSWER THE FOL OW 1lii,: UESTIONS:
son/firm ever worked under a contra4;ia;:lthi department?
3 NO
❑ ACTION son/firm ever been a city employee?
3 NO
❑ OTHER arson/firm possess a skill not normally possessed by any current city employee?
S NO
answers on separate sheet and attach to green sheet
DATE _ A 91
apartment of Natural Resources require
FROM �I ‘111..
il
I
ADVANTAGES IF APPROVED:
City will have up-dated floodplain regulations.
6.
DISADVANTAGES IF APPROVED:
None.
Council Re se^rch Center-
UL a 1 1Y u
DISADVANTAGES IF NOT APPROVED:
City landowners in floodplain could lose flood insurance. RECE'VE®
RECEIVED DEC 2 6 1990
MAR 19 1991
MAYOR'S OFFiCE
CITY CLERK
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FIN NCIN,i,INFORMATION:(EXPLAIN) '\f
Y
•
i
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights (for contracts over$50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
0 TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order of importance, whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s) your project/request supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims, taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project/request produce if it is passed (e.g., traffic delays, noise,
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service?Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
9. 4/30/91 FINAL ORDER: Acquiring permanent utility APPROVED 4-0
easements under and across part of Lots 13
& 14, Block 2, Lane Norton Addition. Part of the
Cleveland/Magoffin Area Storm Sewer Project.
(Laid over in Committee 4/17/91)
10. FIRST RE ING - 91-531 - An ordinance amending APPROVED AS
Chapter 60, 62, 64, 65 and 67 of the Legislative AMENDED 4-0
Code pertaining to the zoning code regarding
the River Corridor. (Referred to Committee
3/26/91 ; Laid over in committee 4/17/91)
11 . RESOLUTION - 90-199 - Denying increase of LAID OVER
District Energy hot water rates. (Referred to TO 5/20/91
Committee 2/5/91;—Laid over in Committee
2/20/91, 3/20/91 , 4/3/91, 4/17/91)
44.4.y1S 7 O�r�+(•.
...�- 4 Y
'i�C-It ti iN
�- ; CITY OF SAINT PAUL Members:
v OFFICE OF THE CITY COUNCIL Roger J.Goswitz,chair
David Thune,vice chair
RECEIVED Tom Dimond
Bob Long
Date: May 1, 1991
MAY 01 1991
Committee Report CITY CLERK
To: Saint Paul City Council
From: Public Works, utilities, and Transportation Committee
Roger J. Goswitz, Chair
Hearing Date ACTION
Approval of Minutes of April 17, 1991 APPROVED
1 . 5/7/91 FINAL ORDER: Sidewalk reconstruction on the APPROVED 3-0
South side of Summit from Ramsey Street to
approximately 70 feet east of the extended line
of Nina Street. (File S9126)
2. 5/7/91 RATIFICATION OF ASSESSMENTS: For sidewalk APPROVED 4-0
reconstruction (work completed 1990
construction season) at the following locations:
S8914 South side Front Ave. from N. Western
Ave. to Arundel St. ;
S8915 Both sides W. Lawson Ave. from Rice St.
to Park Street;
S8917 East side Arundel St. from Holly Ave.
to Ashland Ave. ;
S8918 Both sides Marshall Ave. from Kent St.
to N. Dale Street;
S8919 North side Thomas Ave. from Virginia St.
to N. Western Ave. ;
S8920 East side N. Victoria from St. Anthony
to W. Central ; South side W. Central
from N. Victoria to N. Avon; West side
N. Avon from St. Anthony to W. Central
and North side St. Anthony from N. Avon
to Victoria with Integral Curb. (Maxfield
Elementary School Site)
S8924 Both sides Charles Avenue from N. Milton
St. to N. Chatsworth St. ;
S8926 Both sides Laurel Ave. from N. Pascal St.
to N. Saratoga St. ;
S8929 South side Priscilla St. from Raymond Ave.
to Gibbs Ave. ;
S8930 Both sides Lafond Ave. from N. Hamline to
N. Albert St. ;
S8931 Both sides Alameda St. from W. Arlington to
W. Nebraska Ave. ;
S8932 Both sides N. Avon St. from W. Wheelock
Parkway to W. Orange Ave. ;
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--N Council File I
ORIGINAL Green Sheet # / J 7
RESOLUTION
C TY INT PAUL, MINNESOTA.
P esented = 111 rred To ", L-tJ Z/J';i± L' Committee: Date a-2 j` 9/
ZONING CODE AMENDMENTS
An ordinance ame.ding Chapters 60, 62, 64, 65, and 67 of the
Saint Paul Legislative Code pertaining to the Zoning Code
regarding the Rive Corridor.
The council of the ci y of Saint Paul does ordain:
Section 1
That Section 60. 202 B of t,e Saint Paul Legislative Code be
amended so as to add the following new definition thereto:
Basement (River Corridor Dist ict only) . Any area of a structure
having its floor subgrade (bel•w ground level) on all four sides.
Secti•n 2
That Section 60.206 F of the Saint Paul Legislative Code be
amended so as to add the following 'ew definition thereto:
Flood. A temporary increase in the low or stage of a stream or
in the stage of a wetland or lake that] results in the inundation
of normally dry areas.
Section 3
That Section 60. 208 H of the Saint Paul L islative Code be
amended so as to add the following:
Historic Structure (River Corridor District\ nly) . Any structure
that is:
(a) Listed individually in the National Register of Historic
Places (a listing maintained by the Depar ment of Interior)
or preliminarily determined by the Secreta y of the
Interior as meeting the requirements for in ividual listing
on the National Register;
(b) Certified or preliminarily determined by the Se retary of
the Interior as contributing to the historical significance
of a registered historic district or a district prelimin-
ORIGINAL
7,7_79/4A /
arily determined by the Secretary to qualify as a
registered historic district; or
(c) Designated by the City as a heritage preservation site.
Section 4
That Section 60.215 0 of the Saint Paul Legislative Code be
amended so a to add the following new definition thereto:
Obstruction (River Corridor District only) . Any dam, wall,
wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or regulatory flood
plain which may impede, retard, or change the direction of the
flow of water, either by itself or by catching or collecting
debris carried by such water.
Section 5
That Section 60. 218 R of the Saint Paul Legislative Code be
amended so as to add the following definition thereto:
Reach. A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man-made
obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically
constitute a reach.
SECTION 6
That Section 65. 101 (Intent) of the Saint Paul Legislative Code
is hereby amended to read as follows:
Sec. 65. 101. Intent and Purpose: The River Corridor District and
its subclassifications. RC-1, RC-2, RC-3 and RC-4 are map
overlay districts, designed to provide comprehensive floodplain
and river bluff management for the City of Saint Paul in
accordance with the policies of Minnesota Statutes (Chapters 104
and 116G) , Minnesota Regulations (MEQC 54 and Governor's
Executive Order No. 79-19.
It's the purpose of the chapter:
1. To protect and preserve the Mississippi River Corridor as a
unique and valuable resource for the benefit of the health,
safety, and welfare of the citizens Of the city and the
state;
2 . To prevent and mitigate irreversible damage to the
Mississippi River Corridor;
2
ORIGINAL �� j-5
3 . To protect and preserve the Mississippi River Corridor as an
essential element in the federal, state, regional and local
recreation, transportation, sewer and water systems;
4. To maintain the River Corridor's value and utility for
residential, commercial, industrial and public purposes;
5. To protect and preserve the Saint Paul Mississippi River
Corridor's biological and ecological functions;
6. To preserve and enhance the Saint Paul Mississippi River
Corridor's aesthetic, cultural , scientific and historic
functions;
7. To guide development of the floodplain so as to minimize loss
of life, threats to health, and private and public economic
loss caused by flooding.
Section 7
That Section 65. 102 (Establishment) Subdivision (a) of the Saint
Paul Legislative Co a is hereby repealed in its entirety and the
following adopted in place thereof:
(a) This ordinance shall apply to all lands within the city of
Saint Paul shown on the river corridor overlay zoning
district maps as being located within the boundaries of the
RC-1 River Corridor Floodway District, RC-2 River Corridor
Flood Fringe District, RC-3 River Corridor Urban Open Space
District, and RC-4 River Corridor Urban Diversified
District.
'Section 8
1
That Section 65. 102 (Establishment) of the Saint Paul Legislative
Code be amended so as to add the following new subdivision (b)
thereto, to renumber present Subdivision (b) to be Subdivision
(c) , and to amend new Subdivision (c) to read as follows:
(b) The twenty-one (21) River Corridor Overlay Zoning Districts
Maps, dated July 6, 1987 , together with all matters attached
thereto, are hereby adopted by reference and made a part of
this code as if the matters and information set forth
therein were fully described herein. The attached material
shall include: (1) the Flood Insurance Study for the city
of Saint Paul prepared by the Federal Insurance
Administration dated August 3 , 989 ; (2) the Flood
Insurance Rate Map, dated August' 3 , 1989 ; and (3) four (4)
maps entitled River Corridor Floodway District, dated July
6, 1987.
3
ORIGINAL Y-9"-53.E
(c) (b)Within these districts all uses not allowed as permitted
uses or as permitted uses subject to special conditions
shall be and are hereby prohibited. Legal nonconforming
structures or uses existing on the effective date of this
chapter or amendment thereto will be permitted to continue
as provided in Section 62 . 102 and section 65. 900.
Section 9
That Section 65. 103 (Compliance) subdivisions (c) and (d) are
hereby repealed in their entirety and the following new
subdivisions (c) and (d) are adopted in place thereof:
(c) A site plan shall be submitted to and approved by the
planning commission in accordance with Section 62 . 108 before
a permit is issued for any development on property wholly or
partially located within the River Corridor District. For
any development, in the RC-1 and RC-2 districts, the site
plan shall inclt ie the regulatory flood protection
elevation; the proposed elevation of fill; the proposed
elevation of the lowest floor of new structures, altered
structures, and additions to existing structures; and the
proposed elevation to which structures will be floodproofed.
(d) Certification. Before a certificate of occupancy is issued
for any development in the RC-1 and RC-2 districts, the
applicant shall submit the zoning administrator
certification by a registered professional engineer,
registered architect, registered landscape architect, or
registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the
provisions of this ordinance. Finished fill and building
elevations shall be verified by ground surveys.
Flood-proofing measures shal be certified by a registered
professional engineer or regi tered architect.
Section 1
That Section 65. 211 of the Saint Paul\jegislative Code is hereby
amended to read as follows:
Sec. 65. 211. Principal uses permitted.
The following uses shall be permitted within the RC-1 Floodway
District to the extent that they are not prohibited by any other
provision of the zoning code or other ordinances. anal-provided
that-they-have-a-law-f lead-damage-petentlal--will-net-materially
ebstruet-fleed-€laws-er-lnerease-veleeities-er-stages-e€-the
regonal-€lead;-and-ale-net-require-struetures;-fill--sterage-of
materials-er-sterage-ef-equpment.- The uses are subject to the
conditions of the underlying zoning district, to the Standards
For Floodway Permitted Uses, Section 65. 212 , and to the River
Corridor Standards and Criteria, Section 65. 400.
4
ORIGINAL
6,c-9/-5
(1) Nonstructural industrial and commercial uses, such as
open-loading areas, parking areas, interior service roads,
airport service roads and airport runways.
(2) Public and private recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic and
camp grounds, boat launching and beaching areas or ramps,
swimming areas, parks, playgrounds, wildlife and nature
reserves, game farms, fish hatcheries, and hiking,
bicycling, horseback or recreational vehicle areas and
t . ils, and other open space uses.
(3) Acc- sory residential uses such as lawns, gardens, parking
area- and play areas.
(b) -additon;-ne-permitted-use-Within-the-Fleedwap
Bi riot-shall-adversely-affect-the-hydraulc-eapaeity
of e-ehannei-er-fieedway-er-and*-tributary-te-the-man
strew .-er-of-any-ditch-er-ether-drainage-faclity-or
syste , -and-ne-use-shall-be-permitted-Which- s-likely
te-eau- - -peliutien-ef-Waters,--as-defined- n-Minnesota
Statute --Seeten-ii57917-unless-adequate-safeguards7
appreved .y-the-state-polluton-eentrei-agenep--are
provided-
(e) Permitted-u es-are-subj.eet-te-applieabie-standards-in
Seetien-6574:8-et-seq7
Section 11
That Section 65. 212 (Princk•al uses permitted subject to special
conditions) of the Saint Pad Legislative Code is hereby repealed
in its entirety and the follawing adopted in place thereof:
Section 65. 212 Standard For Floodway Permitted Uses
Permitted uses in the Floodway District are subject to the
following standards:
(1) The use shall not obstruct fl.od flows or increase flood
elevations and shall not invo .ve structures, fill,
obstruction, excavations, or s , orage of materials or
equipment.
(2) The use shall have a low flood dmage potential .
(3) The use shall not adversely affect the hydraulic capacity of
the channel or floodway or any tributary to the main stream
or of any ditch or other drainage facility or system.
(4) No use shall be permitted which is likely to cause pollution
of waters, as defined in Minnesota Statutes, Section 115. 01,
unless adequate safeguards, approved by the state pollution
control agency, are provided.
5
ORIGINAL
Section 12
That Section 65.213 (Standards for floodway conditions uses) of
the Saint Paul Legislative Code is hereby repealed in its
entirety and the following adopted in place thereof:
Section 65. 213 Permitted Uses Subject To Special Conditions
The following uses shall be permitted within the RC-1 Floodway
Distri t to the extent they are not prohibited by any other
provisi• of the zoning code or other ordinances. The uses shall
be permit ed only upon the application and issuance of a
conditiona use permit by the planning commission. The uses are
subject to se conditions of the underlying zoning district, to
the Standards for Floodway Conditions Uses, Section 65.214, and
to the River Corridor Standards and Criteria, Section 65.400.
(1) Railroads, ighways, streets, alleys, access roads, bridges,
sewers, util ties, utility transmission lines, and pipe
lines.
(2) Marinas, boat r=ntals, docks, piers, mooring anchors,
wharves, water control structures, and navigation
facilities.
(3) Storage yards or a -as for equipment, machinery or bulk
materials.
(4) Structures accessory •• permitted uses, Section 65. 212 , or
conditional uses of this section.
(5) Placement of fill.
(6) Structural works for floc), control such as levees, dikes,
and floodwalls constructed ' o any height where the intent is
to protect individual struc res.
Section 3
That Section 65.214 of the Saint Paul Legislative Code is hereby
added to read as follows:
Section 65.214 Standards For Flood ay Conditional Uses.
Conditional uses in the Floodway Distric• are subject to the
following standards:
(1) No structure, (temporary or permanent) fill deposit,
(including fill for roads and levees) , •bstruction, storage
of materials or equipment, or other use nay be allowed which
will cause an increase in the height of the regional flood
or cause an increase in flood damages in the reach or
reaches affected.
6
ORIGINAL 6CV-5g /
(2) Fill shall be protected from erosion by vegetative cover,
mulching, riprap, or other acceptable method.
(3) accessory structures shall not be designed for human
habitation.
(4) Accessory structures shall be constructed and placed on the
building site so as to offer the minimum obstruction to the
flow o flood waters.
a. When ver possible, structures shall be constructed with
the 1 ngitudinal axis parallel to the direction of
flood ow, and,
b. So far a practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
(5) All accessory structures must be elevated on fill so that
the lowest floor, including basement floor, is at or above
the regulatory flood ,,protection elevation. The finished
fill elevation for accessory structures shall be no lower
than one (1) foot below the regulatory flood protection
elevation and the fill Shall extend at such elevation at
least fifteen (15) feet beyond the outside limits of the
structure erected thereon,
(6) As an alternative to elevation on fill, accessory structures
may be structurally dry flo proofed in accordance with the
FP-1 or FP-2 flood proofing lassification in the State
Building Code or
flood proofed to the FP-3 or F -4 flood proofing
classification in the State Building Code provided the
accessory structure constitutes a minimal investment, does
not exceed 500 square feet in size, and for a detached
garage, the detached garage must be used solely for parking
of vehicles and limited storage. All flood proofed
accessory structures must meet the following additional
standards, as appropriate:
a. The structure must be adequatel anchored to prevent
flotation, collapse or lateral m vement of the
structure and shall be designed to equalize hydrostatic
flood forces on exterior walls; and
b. Any mechanical and utility equipme t in a structure
must be elevated to or above the re latory flood
protection elevation or properly fl od proofed.
(7) Storage of materials or equipment may be lowed if readily
removable from the area within the time av ilable after a
flood warning and in accordance with a pla approved by the
planning commission.
7
ORIGINAL
(8) Structural works for flood control that will change the
course, current or cross section of protected wetlands, or
public waters shall be subject to the provisions of
Minnesota Statute, Chapter 105. Community-wide structural
works for flood control intended to remove areas from the
egulatory flood plain shall not be allowed in the floodway.
(9) A vee, dike or floodwall constructed in the floodway shall
not ause an increase to the regional flood and the
techn'cal analysis must assume equal conveyance or storage
loss o both sides of a stream.
(10) No use s all be permitted which is likely to cause pollution
of waters\ as defined in Minnesota Statutes, Section 115.01,
unless ade ate safeguards, approved by the state pollution
control ag- cy, are provided.
Section 14
That Section 65.221, (Principal uses permitted) , of the Saint
Paul Legislative Code is hereby repealed in its entirety and the
following adopted in • ace thereof:
Section 65.221 Principal Uses Permitted
Permitted uses in the RC-• Flood Fringe District shall be those
uses of land or structures listed as permitted uses in the
underlying zoning district, except that mining, extraction
operations, the disposal of waste materials, and landfills, shall
not be permitted. The uses . re subject to the conditions of the
underlying zoning district, t• the Standards for Flood Fringe
Permitted Uses, Section 65.22 to the Standards for All Flood
Fringe Uses, Section 65.225, a d River Corridor Standards and
Criteria, Section 65. 400.
Secti n 15
That Section 65.222, (Standards f r flood fringe uses) , is hereby
repealed in its entirety and the f llowing adopted in place
thereof:
Section 65.222 Standards For Fl d Fringe Permitted Uses.
Permitted uses in the Flood Fringe Di trict are subject to the
following standards:
(1) All structures, including accessozky structures, must be
elevated on fill so that the lowest floor including basement
floor is at or above the regulator flood protection
elevation. The finished fill elev4ion for structures shall
be no lower than one (1) foot below the regulatory flood
protection elevation and the fill stall extend at such
elevation at least fifteen (15) feet\ beyond the outside
limits of the structure erected thergon.
8
ORIGINAL
?,,,,,,,---,a/
(2) As an alternative to elevation on fill, accessory structures
that constitute a minimal investment and that do not exceed
500 square feet for the outside dimension at ground level
may be internally flood proofed in accordance with Section
65.214 (6) .
(3) \ The cumulative placement of fill where at any one time in
cess of one-thousand (1, 000) cubic yards of fill is
to ted on the parcel shall be allowable only as a
Con 'tional Use, unless said fill is specifically intended
to el vate a structure in accordance with subdivision (1) of
this se tion.
(4) The stora a of any materials or equipment shall be elevated
on fill to'. the regulatory flood protection elevation.
Section 16
That Section 65.223,.. (Principal uses permitted subject to special
conditions) , is here repealed in its entirety and the following
adopted in place they of:
\ Section 65.223
Principal Uses Pe l 'tted Subject To Special Conditions.
The following uses shall b: permitted within the RC-2 Flood
Fringe District to the exte ,t they are not prohibited by any
other provision of the zoning code or other ordinances, except
that mining, extraction opera ions, the disposal of waste
materials, and landfills shall not be permitted. The use shall
be permitted only upon the app ►ication and issuance of a
conditional use permit by the p anning commission. The uses are
subject to the conditions of the underlying zoning district, to
the Standards for Flood Fringe C. ditional Uses, Section 65.224,
to the Standards for All Flood Fr nge Uses, Section 65.225, and
to the River Corridor Standards an. Criteria Section 65.400.
(1) Any structure that is not elevated on fill or flood proofed
in accordance with Section 65.2. 2 (1) or (2) .
(2) Any use of land that does not co 'ply with the standards in
Section 65.222 (3) or (4) .
(3) Sewage treatment plants.
Section 17
That Section 65.224 , (Standards for flood fringe conditional
uses) , of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65. 224 Standards For Flood Frin a Conditional Uses.
9
ORIGINAL
Co•ditional uses in the Flood Fringe District are subject to the
fol ',wing conditions:
(1) Alternative elevation methods other than the use of fill may
be tilized to elevate a structure's lowest floor above the
re• atory flood protection elevation. These alternative
metho•'s may include the use of stilts, pilings, parallel
walls, or above-grade, enclosed areas such as crawl spaces
or tuck under garages. The base or floor of an enclosed
area sha be considered above-grade and not a structure's
basement • lowest floor if: 1) the enclosed area is
above-grad- on at least one side of the structure; 2) is
designed to 'nternally flood and is constructed with flood
resistant ma -rials; and 3) is used solely for parking of
vehicles, bui • ing access or storage. The above-noted
alternative el=vation methods are subject to the following
additional standards:
a. Design and Certification. The structure's design and
as-built cond'tion must be certified by a registered
professional e.gineer or architect as being in
compliance with the general design standards of the
State Building •de and, specifically, that all
electrical, heats g, ventilation, plumbing and air
conditioning equi•ment and other service facilities
must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from
entering or accumulating within these components during
times of flooding.
b. Specific Standards fo Above-grade, Enclosed Areas.
Above-grade, fully enclosed areas such as crawl spaces
or tuck under garages mist be designed to internally
flood and the design pla s must stipulate:
i. The minimum area of •penings in the walls where
internal flooding is to be used as a flood
proofing technique. en openings are placed in a
structure's walls to •, ovide for entry of flood
waters to equalize pre- sures, the bottom of all
openings shall be no hither than one-foot above
grade. Openings may be equipped with screens,
louvers, valves, or othe, coverings or devices
provided that they permit the automatic entry and
exit of flood waters.
ii. That the enclosed area wil be designed of flood
resistant materials in acc,'rdance with the FP-3 or
FP-4 classifications in the State Building Code
and shall be used solely fo building access,
parking of vehicles or stor-ge.
(2) Basements, as defined by Section 60.20 . B for this river
corridor code, shall be subject to the following:
10
ORIGINAL '
a. Residential basement construction shall not be allowed
below the regulatory flood protection elevation.
b. Non-residential basements may be allowed below the
regulatory flood protection elevation provided the
basement
is structurally dry and flood proofed in accordance
with subdivision (3) of this section.
(3) All a'as of non-residential structures including basements
to be p aced below the regulatory flood protection elevation
shall be tructurally dry flood proofed in accordance with
the FP-1 FP-2 flood proofing classifications in the State
Building C e. This shall require making the structure
watertight kith the walls substantially impermeable to the
passage of water and with structural components having the
capability of \resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy. Structures flood proofed to
the FP-3 or FP-4 classification shall not be permitted.
(4) When at any one t\me more than 1, 000 cubic yards of fill is
located on a parcel, for such activities as landscaping,
roads, or construction of flood control works, an
erosion/sedimentatio control plan must be submitted. The
plan must clearly spe ify methods to be used to stabilize
the fill on site for a regional flood event. The plan must
be prepared and certifi d by a registered professional
engineer or other quali ied individual acceptable to the
planning commission.
(5) Structures may be constru ted below the regulatory flood
protection elevation provi ed they are protected from
100-year floods by a dike, evee, or floodwall.
(6) Storage of material and equi ment shall be subject to the
following:
a. Storage of materials or ipment, including materials
that are flammable, exploive, or potentially injurious
to human, animal, or plant life, may be allowed if:
(i) readily removable fipm the area within the time
available after a fl od warning system and in
accordance with a pla approved by the planning
commission; or
(ii) flood-proofed accordin to the state building
code; or
(iii) elevated above the regu atory, flood protection
elevation by alternativ methods which meets the
requirements of Section 5.224 (1) ; or
(iv) protected by a dike, lev e, or floodwall.
11
ORIGINAL %-1/-.2W
b. Storage of bulk materials may be allowed provided an
erosion/sedimentation control plan is submitted which
clearly specifies methods to be used to stabilize the
materials on site for a regional flood event. The plan
must be prepared and certified by a registered
professional engineer or other qualified individual
acceptable to the planning commission.
(7) No new construction, addition or modification to existing
sew-`e treatment plants shall be permitted within the
floo. .lain unless emergency plans and procedures for action
to be aken in the event of flooding are prepared, filed
with an,' approved by the Minnesota Pollution Control Agency.
The emergency plans and procedures must provide for measures
to prevent introduction of any pollutant or toxic material
into the floodwaters.
Section 18
That Section 65. 225, (Standards for all flood fringe uses) , of
the Saint Paul Legis ative Code is hereby added to read as
follows:
Section 65. 225 Standards For All Flood Fringe Uses.
All uses in the Flood Fringe District are subject to the follow-
ing standards:
(1) All new principal structures must have vehicular access at
or above an elevation not more than two (2) feet below the
regulatory flood protec ion elevation. If a modifications
to this requirement is g anted, the planning commission must
specify limitations on t e period of use or occupancy of the
structure for times of fl oding and only after determining
that adequate flood warnir time and local flood emergency
response procedures exists
(2) Commercial Uses. Accessory land uses, such as yards,
railroad tracks, and parkin lots may be at elevations lower
than the regulatory flood pr tection elevation. However, a
permit for such facilities t be used by the employees or
the general public shall not e granted in the absence of a
flood warning system that pro ides adequate time for
evacuation if the area would e inundated to a depth greater
than two (2) feet or be subjec to flood velocities greater
than four (4) feet per second pon occurrence of the
regional flood.
(3) Manufacturing and Industrial Us s. Measures shall be taken
to minimize interference with n al plant operations.
Certain accessory land uses such as yards and parking lots
12
Yy,_53 /
ORIGINAL
may be at lower elevation subject to requirements set out in
subdivision (2) above. In considering permit applications,
due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain
areas.
(4) Fill shall be properly compacted and the slopes shall be
properly protected by the use of riprap, vegetative cover or
other acceptable method. The Federal Emergency Management
Agery (FEMA) has established criteria for removing the
spec' l flood hazard area designation for certain structures
properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for
multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site
preparatio if a change of special flood hazard area
designation\will be requested.
(5) Flood plain developments shall not adversely affect the
hydraulic capacity of the channel and adjoining flood plain
of any tributary watercourse or drainage system where a
floodway or other enroachment limit has not been specified
on the official zoning map.
(6) Manufactured homes\must meet all the density, setback, and
other requirements for residential use of the zoning code
and all requirement of the housing and building code.
Travel trailers shal not be used for living quarters.
(7) No use shall be permit ed which is likely to cause pollution
of waters, as defined Minnesota Statutes, Section 115. 01,
unless adequate safeguards, approved by the state pollution
control agency, are provided.
Section 19
That Section 65.300, (Public Utilities, Railroads, Roads, and
Bridges) , is hereby added to read as follows:
Article III. 65. 300
Public Utilities, Railroads, Roads, and Bridges
Section 65. 301 Public utilities, railroads, roads, and bridges.
(1) Public Utilities. All public utilities and facilities such
as gas, electrical, sewer, and water supply systems to be
located in the flood plain shall be flood-proofed in
accordance with the State Building Code or elevated to above
the regulatory flood protection elevation.
(2) Public Transportation Facilities. Railroad tracks, roads,
and bridges to be located within the flood plain shall
comply with Sections 65. 210 and 65. 220 of this Ordinance.
13
ORIGINAL
(),F17- ,9.-3 /
Elevation to the regulatory flood Protection Elevation may
be required by the planning commission where failure or
interruption of these transportation facilities would result
_�
in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or
interruption of transportation services would not endanger
he public health or safety.
(3) O site Sewage Treatment and Water Supply Systems. Where
pub is utilities are not provided: 1) On-site water supply
syst ms must be designed to minimize or eliminate
infil ration of flood waters into the systems; and 2) new or
replac went on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into
flood waters and they shall not be subject to impairment or
contamination during times of flooding. Any sewage
treatment system designed in accordance with the State's
current statewide standards for on-site sewage treatment
systems shall``be determined to be in compliance with this
Section. \
Section 20
That Section 65.411 (Protection of shorelands, wetlands and
bluffs) subdivisions (b)\(2) (placement of structures) and (c) (3)
(grading and filling) are, hereby repealed in their entirety.
Section 21
That Section 65. 413 (Protecti n of water quality) subdivision
(c) (7) is hereby added to rea as follows:
(7) Plans shall be submitted t the planning commission for any
development placed landwar from dikes, floodwalls, or
levees which is below the f ood protection elevation of the
dikes, floodwalls or levees. The plans must provide
measures to ensure that floo aters do not back up onto the
development from storm water rainage systems.
SectiO i 22
That Section 65. 506 (Subject to appeal) of the Saint Paul
Legislative Code is hereby amended to read as follows:
Section 65. 506. Subject to appeal.
All decisions by the planning commission or planning admini-
strator granting or denying a conditions use permit shall
be final subject to appeal to the city council as-euti4ned
herein- in accordance with Section 64 . 206.
14
ORIGINAL
Section 23
That Section 65.501 (Application) of the Saint Paul Legislative
Co a is hereby amended to read as follows:
Section 65.501. Application.
Conditional use permits shall be issued by the planning
commissio except that the planning commission may delegate
authority • issue conditional use permits to the planning
administrato according to rules which the commission may
prescribe. S,ch rules will be filed with the office of the city
clerk. Applic.tions shall be submitted to the planning
administrator t•sether with application fee in the amount
determined by th- city council. Upon receipt of an application,
the planning admi ' strator shall determine whether to require any
or all of the foil• ing-four-{4} six (6) items of information
supplied by the app 'cant as a prerequisite to the consideration
of the application:
(1) Plans in triplicat drawn to scale prepared by and signed by
a registered engine:r, architect and/or land surveyor as
applicable, showing he nature, location, dimensions and
elevation of the lane • existing surface contours,
structures, streets a • utilities; proposed surface
contours, structures, 'll and the location and elevations
of proposed streets, water supply, sanitary facilities and
other utilities showing he relationship of the above to the
channel and to the design,ted River Corridor District
limits.
(2) Specifications for building construction and materials,
flood-proofing, filling, dre•ging, grading, channel
improvements, storage of mat= ials, water supply, and
sanitary facilities.
fB}(3)Typical valley cross-sections of areas to be occupied by
the proposed development showing the channel of the stream,
elevation of land areas, high wa, er information, vegetation
and soil types.
{3}(4) Plan (surface view) of the propo-ed development showing the
proposed use or uses of the area a ,d structures and
providing location, relationships - d spatial arrangements
of those uses and related structure to pertinent
elevations, fill, storage location, tilities and other
features_
f4}(5) Profile showing the slope of the bo om of the channel and
flow lines of the stream.
15
ORGINAL Cr
(6) A written evaluation by a registered engineer or other
expert person or agency of the proposed project in
relationship to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy of
plans for flood protection, and other technical matters.
.\ Section 24
That Section 65. 509 of the Saint Paul Legislative Code is hereby
added to read as follows:
Sect n 65. 509 Notice of increased insurance costs.
The planning a inistrator shall notify all applicants who
propose to construct a structure, other than an accessory
structure, below the regulatory flood protection elevation, as
specified in Sections 65. 224 (1) , (2) , or (3) that:
1) The issuance f a conditional use permit to construct a
structure below the regulatory flood protection elevation will
result in increased premium rates for flood insurance up to
amounts as high as $ for $100 of insurance coverage and 2)
such construction below the regulatory flood protection elevation
increases risks to lif and property. Such notification shall be
maintained with a reco of the conditional use. The planning
administrator shall rep rt such conditional uses issued in the
biennial report submitted to the administrator of the National
Flood Insurance Program.
\Section 25
That Section 65. 600 (Appeal) of the Saint Paul Legislative Code
is hereby repealed in its en 'rety.
Sec ion 26
That Section 65. 650 (Modificati• s) of the Saint Paul Legislative
Code is hereby amended to read a follows:
Sec. 65. 650. Modifications.
(a) The planning commission is he eby authorized to reeemmend
grant modifications to the previsions of this chapter where
it appears that by reason of e ceptional circumstances the
strict enforcement of this chanter would cause undue
hardship and strict conformity with the standards would be
unreasonable, impractical and net feasible under the
circumstances. The burden of p oof shall rest with the
applicant to demonstrate conclu-ively to the commission that
such modification will not result in a hazard to life or
property and will not adversely affect the safety, use or
16
ORIGINAL kgy.„ 5.3. /
stability of a public way, slope or drainage channel, or the
natural environment; such proof may include soils, geology
and hydrology reports which shall be signed by registered
professional engineers. Modifications granted by the
planning commission shall be consistent with the general
purposes of the standards contained in this chapter and
state laws and the intent of applicable state and national
laws and programs. Aitheugh-medfieatiens-mad*-be-used-te
modify-permis Bible-methods-ef-filed-preteetien, No
modification shall have the effect of allowing in any
district uses prohibited in that district, permit a lower
degree of flood protection than the flood protection
elevation for the particular area, or permit a lesser degree
of flood protection than required by state law. Appeals
from the decision of the planning commission may be taken to
the city'\\council in accordance with Section 6472265 64 . 206.
Applications for modification shall be filed together with
the required fee with the planning administrator.
(b) Notwithstanding any other provision of this river corridor
code, modifications may be granted for the repair or
rehabilitation of historic structures upon a determination
that the repair or rehabilitation will not preclude the
structure's continued designation as a historic structure,
the modification is the minimum necessary to preserve the
historic character and design of the structure and the
repair or rehabilitation will not cause an increase in the
height of the regional flood.
+b) (c)A copy of the application for a modification shall be
submitted to the commissioner of natural resources
sufficiently in advance so that the commissioner will
receive at least ten (10) days' notice of the planning
commission hearing. A copy of all decisions granting
modifications shall be fiprwarded to the commissioner of
natural resources withinttten (10) days of such action.
Secon 27
That Section 65.700 (Amendments) ` is hereby amended to read as
follows:
Section 65. 70 Amendments
la) All amendments shall be made in the manner set forth in
Minnesota Statutes, Section 462 . 357 . The floodplain
designations established by this chapter shall not be
removed from floodplain areas unless it can be shown that
the designation is in error or that the areas are filled to
an elevation at or above the flood protection elevation and
are contiguous to other lands lying outside the floodplain
district. Special exceptions to this rule may be permitted
by the commissioner of natural resources if he determines
that, through other measures, lands are adequately protected
for the intended use.
17
ORIGINAL
9/- 5.-''
All-amendments-shall-be-made-in-the-manner-set-forth-in
Minnesota-Statutes7-Seetien-462 735t-and-shall-be-submitted
te-the-eommissioner-ef-natural-reseurees-and-the-Federal
fnsuranee-Administration-for-their-approval-prer-te
adeption-by-the-eity-eeuneil-
(b) All amendments to this Ordinance, including amendments to
e River Corridor Overlay Districts maps, must be submitted
to and approved by the Commissioner of Natural Resources
prior to adoption. Changes to the RC-1 and RC-2 maps must
meet\�the Federal Emergency Management Agency's (FEMA)
Technl\cal Conditions and Criteria and must receive prior
FEMA aNroval before adoption. The Commissioner of Natural
Resource must be given 10-days written notice of all
hearings o consider an amendment to the Ordinance and said
notice sha 1 include a draft of the ordinance amendment or
technical s udy under consideration.
Section 28
That Section 65.800 the Saint Paul Legislative Code is hereby
added to read as foll ws:
Sectio 65.800 Administration
(a) Record of Elevation f Lowest Floor and Flood Proofing. The
zoning administrator hall maintain a record of the
elevation of the lowes floor (including basement) of all
new structures, altere structures, or additions to existing
structures in the flood lain. The zoning administrator
shall also maintain a re ord of the elevation to which all
new structures and altera ions or additions to structures
are flood proofed.
(b) State and federal permits. Applicants for special condition
use permits, modifications, .nd site plan review approval
are responsible for obtainin• all necessary state and
federal permits.
(c) Warning and Disclaimer of Liab; lity. This ordinance does
not imply that areas outside t e flood plain districts or
land uses permitted within such districts will be free from
flooding or flood damages. Thi- ordinance shall not create
liability on the part of the Cit of Saint Paul or any
officer or employee thereof for -ny flood damages that
result from reliance on this ordi ance or any administrative
decision lawfully made thereunder
(d) Severability. If any section, cla se, provision, or portion
of this ordinance is adjudged unco stitutional or invalid by
a court of competent jurisdiction, 'the remainder of this
ordinance shall not be affected thereby.
18
ORIGINAL . kV"'3
Section 29
That Section 65.900 of the Saint Paul Legislative Code is hereby
added to read as follows:
Section 65.900 Floodplain non-conforming structures.
Non-conforming use of structures and land and non-conforming
structures shall be subject to the provisions of Section 62 . 102
and t• the following regulations:
(1) A s ructure which was lawful before the passage or amendment
of t,is ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the
following conditions:
(a) No -tructure shall be expanded, changed, enlarged, or
alt- ed in a way which increases its nonconformity.
(b) Any a •teration or addition to a nonconforming structure
which , ould result in increasing the flood damage
potential of that structure or use shall be protected
to the `.
regulato flood protection elevation in accordance
with any • the elevation on fill or flood proofing
techniques (i.e. , FP-1 through FP-4, flood proofing
classificati•ns) allowable in the State Building Code,
except as fu ther restricted in (c) below.
(c) The cost of an structural alterations or additions to
any nonconformi g structure over the life of the
structure shall 'ot exceed 50 percent of the market
value of the structure unless the conditions of this
section are satis ;ed. The cost of all structural
alterations and additions constructed since January 28,
1982 , must be calcu ated into today's current cost
which will include a 1 costs such as construction
materials and a reaso able cost placed on all manpower
or labor. If the cur nt cost of all previous and
proposed alterations and additions exceeds 50 percent
of the current market value of the structure, then the
structure must meet the standards of Section 65. 210 or
65. 220 of this Ordinance for new structures depending
upon whether the structure is in the Floodway or Flood
Fringe, respectively.
(d) When the use of a nonconforming structure is
discontinued or ceases to exist for three hundred
sixty-five (365) days, the nonconforming structure
shall not thereafter be reused until the nonconforming
structure is made conforming to the flood protection
measures of this ordinance, un ess the planning
commission, pursuant to a publ c hearing, finds that
the nonconforming structure can of reasonably or
19
1 .
OR ! ,„..„- INAL *v_ 5-3-/
economically be made into a conforming structure and
that reuse of the nonconforming structure is consistent
/\ with the public health, safety, morals, and general
welfare of the community and is consistent with the
reasonable use and enjoyment of adjacent property.
(e) If any nonconforming structure is destroyed by any
means, including floods, to an extent of 50 percent or
more of its market value at the time of destruction, it
shall not be reconstructed except in conformity with
the provisions of this Ordinance. The applicable
provisions for establishing new structures in Sections
65.210 or 65. 220 will apply depending upon whether the
structure is in the Floodway or Flood Fringe,
respectively.
Section 30
That Section 65.950 of the Saint Paul Legislative Code is hereby
added to read as follows:
Section 65.950., Areas Protected by Dikes, Levees,
and Floodwalls
Areas which the Federal E ergency Management Agency has removed
from the floodplain throw• a revision to the Flood Insurance
Rate Map or a Letter of Ma. Revision because the areas are
protected by a dike, levee, or floodwall shall be exempt from the
flood protection regulation of this code.
ection 31
That Section 62 . 102 (Nonconfo n 'ng lots, nonconforming uses of
land, nonconforming structures .nd nonconforming uses of
structures and premises) subdivi-ion (d) (2)Nonconforming
structure with conforming use) i- hereby amended to read as
follows:
(2) Should such structure be destroyed by any means to an
extent of more than sixty! (60) percent of its
replacement cost, exclusive of the foundation, at the
time of destruction, it shall not be reconstructed
except in conformity with the provisions of this code.
In-the-ease-et-the-Rver-eerrider--if-any-sueh
structure- s-destroyed-bp-any-Means-to-an-extent-e€
mere-than-fifty-f59}-percent-e€- ts-market-vaixe-at-the
time-a€-destructen;-it-shali-net-be-reeenstrueted
exeept-in-eenfermity-With-the-previsions-ef-the-eede7
20
ORGJNAL Irv- 5-3-/
Section 32
That Section 62 . 102 (Non-conforming lots, nonconforming use of
land, nonconforming uses of structures and premises) subdivision
(h) (Major alterations) is hereby repealed in its entirety.
Section 33
That Secti n 64 . 205 (Divisions by the Board of Zoning Appeals)
paragraph ( is hereby added to read as follows:
(e) A copy o administrative appeals concerning the River
Corridor D' stricts shall be submitted to the commissioner of
natural res rces sufficiently in advance so that the
commissioner ill receive at least ten (10) days notice of
the board's he ring. A copy of all decisions granting
administrative ppeals shall be forwarded to the
commissioner of atural resources within ten (10) days of
such action.
Section 34
That Section 64 . 101 (Duties of Zoning Administrator) paragraph
(e) of the Saint Paul Legislative Code is hereby repealed in its
entirety.
Se tion 35
That Section 67. 504 (Drainage an storm sewers) subdivision (f)
Areas of poor drainage of the Sal t Paul Legislative Code be
amended so as to add the followin new clause (5) thereto:
(5) For all subdivisions in the R -1 Floodway District and RC-2
Flood Fringe District:
(a) The subdivision and the individual lots shall have road
access no lower than two (21 feet below the regulation
flood protection elevation. ``
(b) The floodway and flood fring district boundaries, the
regulatory flood protection e evation and the required
elevation of all access roads hall be clearly labeled
on all required subdivision dr wings and documents.
(c) The Federal Emergency Managemen Agency (FEMA) has
established criteria for removin the special flood
hazard area designation for certa 'n structures properly
21
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Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By ` `�, rv-- \
Referred To Committee: Date
1
2 RESOLUTION IMPOSING SALES TAX
3
4 WHEREAS, the Laws of Minnesota 1993, Chapter 375, Article 9, Section 46 (the
5 "Act") authorizes the City of Saint Paul to impose by resolution an additional sales tax of
6 up to 1/2 of 1% on sales transactions taxable pursuant to Minnesota Statutes Chapter
7 297A, that occur within the city of Saint Paul; and
8
9 WHEREAS, the City of Saint Paul has heretofore adopted a resolution approving
10 the Act and declared its intent to exercise its authority under the Act; and
11
12 WHEREAS, it is necessary and desirable in order to fully exercise its authority
13 under the Act that the City impose effective August 1, 1993, an additional sales tax
14 pursuant to the Act of 1/2 of 1% on sales transactions taxable pursuant to Minnesota
15 Statutes, Chapter 297A, that occur within the City of Saint Paul.
16
17 NOW, THEREFORE, BE IT RESOLVED, that effective August 1, 1993, there is
18 hereby imposed pursuant to Laws of Minnesot4 1993, Chapter 375, Article 9, Section 46,
19 an additional sales tax of 1/2 of 1% on sales transactions taxable pursuant to Minnesota
20 Statutes, Chapter 297A, that occur within the City of Saint Paul (the "Tax"). Revenues
21 received from the Tax shall only be used by the City for the purposes set forth in the
22 Act.
23
24 BE IT FURTHER RESOLVED, that the Tax shall be reported and paid to the
25 Commissioner of Revenue of the State, and be subject to the same penalties, interest,
26 and enforcement provisions imposed under Minnesota Statutes, Chapters 289A and
27 297A.
28
29 BE IT FURTHER RESOLVED, that the appropriate officials of the City are
30 hereby authorized and directed to enter into appropriate agreements with the
31 Commissioner of Revenue of the State on behalf of the City as permitted under
32 Subdivision 4 of the Act.
33
34 BE IT FURTHER RESOLVED, that the Mayor with the approval of the City
35 Council, shall appoint a committee to be called the Citywide Economic Revitalization
36 (CER) Committee which shall consist of the following membership d>s < cl
37 east one member from each Ward and at least 75%of the membership.shall be Bahl
38 rauttajddittk
39
40 2 representatives of district councils
41 2 representatives of nonprofit development organizations
42 2 representatives of neighborhood business associations
43 2 individual business representatives
' `�•1. *� ,. 2 representatives of the cultural industry
2 2 labor representatives
3 1 Planning Commissioners
4 1 CIB committee members
::
5 1 economic development specialist or banker reg�-eK6ntative t�faalntFaul
.. .....,..,
6 lending lnstrtuf an
7 . for profit developers
8 -I 2 other members of the general community
9
10 The Mayor shall designate one of the members to serve as a chair, and the CER
11 Committee shall be staffed by the Department of Planning and Economic Development
12 and the Budget Office.
13
14 BE IT FURTHER RESOLVED, that the CER Committee will make
15 recommendations to the City Council for allocation of funds and additional guidelines
16 needed for the use of 50% of the net sales tax proceeds for neighborhood economic
17 development activities, and will review and comment on recommendations for the use for
18 of 10% of the net sales tax proceeds for the benefit of the cultural industry. This process
19 shall operate according to the following schedule:
20
21 1. The Mayor shall recommend appointments no later than August 301 ,
22 1993, and the CER Committee shall be convened no later than ere
23 month t ioweeks after the City Council approves
24 appointments to the committee. 44$04x0tffitogIOAD4, ,t.at:e
25 speedy Council review and approval of the ..
26 appointees. copses of applications requesting
27 appointments to the committee shall be forwarded to the
.................
28 City Counc .l .members _upon receptn the Mayor's
29 office.
......................
......................
31 . • - - - - - - . - - _. - -32 an interim rcport on Dcccmbcr 15, 1003, and a final
33 report, no later than april 1, 1994 , detailing
34 recommended definitions of eligible progam3 and
35 projects and recommended guidelines and procedures for
36 allocation of funds.
37
38 The CFR Committee ,shall prove cle the Mayer and the city
39 Council with a report before December 15, 1993,
40 deailug :ecr mmendcetd dei .tons of egl gb cas pital
41 s programs and prje and recommended uidelineand
42 procedures efr g u aocato of f rcids: . Th oCity counci
43 w .. .....
review del Ies an proedures r allocation
44 ref funds cn an annual bas±s
45 .......................................................................................... .............
46 BE IT FURTHER RESOLVED, that the net sales tax proceeds
47 be allocated for capital projects to further residential,
48 cultural, commercial and economic development and that the intent
49 to the City Council is that the proceeds be used in such a way
50 that they have significant and positive economic impact, and are
51 targeted at such efforts as supporting housing and commercial
52 revitalization initiatives 1arieraati ? throughout the
53 city, and leveraging private investments ................
54
55 BE IT FURTHER RESOLVED, that 40% of the sales tax
56 proceeds shall be allocated for the issuance of bonds for Civic
57 Center renovation, except that the aggregate principal amount of
1 bonds which can be issued for the Civic Center project shall not
4 � 2 exceed $65 million, pursuant to Laws of Minnesota 1993, Chapter
3 375, Article 9 , Section 46. The Mayor shall recommend and the tO
4 the City Council shall determine the amount of bonding authority
5 to be issued from such sales tax proceeds within six months and
6 report on revenues generated after the following steps have been
7 taken:
8
9 1. The Civic Center Authority shall present their proposed
10 expansion and remodeling project to the Mayor and the
11 City Council for review.
12
13 2 . Staff from the Department of Planning and Economic
14 Development shall evaluate the Civic Center proposal in
15 the context of the City's downtown economic development
16 goals, and review the scope of work to be done.
17
18 3 . The Budget Office and Department of Finance and
19 Management Services, the Budget Office, the Office of
20 Licensing, Inspection, and Environmental Protection,
21 and the Department of Planning and Economic Development
22 shall review the proposed process for managing the
23 design and construction phases of the project. The
24 process shall include regular reports from the design
25 and construction phases of the project. The process
26 shall include regular reports from the design and
27 construction professionals to representatives of these
28 city departments and the City Council .
29
30 BE IT FURTHER RESOLVED, that nothing in this resolution
31 or Resolution No. 93-754 shall be construed as intending to limit
32 the right of the city to make such covenants for bonds issued to
33 finance any project from the Tax of debt service on the bonds
34 provided that the amount of bonds issued is consistent with the
35 allocation of net sales tax proceeds contained in this
36 resolution.
•
Yeas Nays Absent Requested by Department of:
Grimm .,
Guerin :--
Lonq
Maccabee ;-"'
Rettman :/
Thune ._-
Wilson :.--- By:
5 •z- 0
Adopted by Council: Date
JUN 2 9 i993 Form Appr•ve• by City Attwrney /
Adoption Certified by Council Secretary By. _i � '
G` ./ ' �' /; I /
By: =i"f-f�:� ���. �)c'/n Approved •y Mayor for Submission to
Approved by Mayor: Date
JUL 2 1993 Coun il.
/ I /
IA,: //-"7-:-.
.A7--.:-////k4; By:
By: y ✓ J
�; 1 G J'93
I�Z b7 J'i E.g JUL
Council File # f 3 i°171.5-)T
•
Green Sheet # e' C2
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1
2
3
4 WHEREAS, The Council of the City of Saint Paul, acting pursuant to authority
5 granted by the Minnesota State Legislature, Laws of Minnesota 1993, Chapter 375,
6 Article 9, Section 46, enacted a one-half of one per cent sales tax on sales transactions
7 taxable pursuant to Minnesota Statutes, Chapter 297A, that occur within the City of
8 Saint Paul; and
9
10 WHEREAS, The Council had intended that this additional sales tax should be
11 effective on all taxable sales occurring within the City from and after August 1, 1993; and
12
13 WHEREAS, The additional sales tax imposed by the City Council was to be
14 reported and paid to the Commissioner of Revenue of the State of Minnesota; and
15
16 WHEREAS, Negotiations have been concluded with the office of the
17 Commissioner of Revenue providing for the collection of this tax by the Commissioner's
18 Office, and the Commissioner has advised that the Office will be able to provide the
19 collection and reporting services necessary to implement the Council's additional sales
20 tax from and after September 1, 1993; and
21
22 WHEREAS, The effective date for the implementation of the City's additional
23 sales tax will have to be adjusted to September 1, 1993 in order to comply with the
24 requirements of the Office of the Commissioner of Revenue; now therefore be it
25
26 RESOLVED, That the Council of the City of Saint Paul does hereby decree that
27 the additional sales tax of one-half of one per cent, enacted pursuant to Laws of
28 Minnesota 1993, Chapter 375, Article 9, Section 46, and Council Resolution C.F. 93-783,
29 shall be and is to be effective as to all taxable sales occurring within the City of Saint
30 Paul from and after September 1, 1993; and be it
• 31 •
32 FURTHER RESOLVED, That the City sales tax shall not apply to: (a) the gross
33 receipts from retail sales or leases of tangible personal property made pursuant to a
34 bona fide written contract which unconditionally vests the rights and obligations of the
35 parties thereto, provided that such contracts were enforceable prior to September 1,
36 1993, and that delivery of the tangible personal property subject thereto is made on or
37 before November 30, 1993; (b) the gross receipts from retail sales made pursuant to a
38 bona fide lump sum or fixed price construction contract which unconditionally vests the
39 rights and obligations of the parties thereto and which does not make provision for
40 allocation of future taxes, provided that such contract was enforceable prior to
41 September 1, 1993 and that delivery of the tangible personal property used in performing
42 the Construction Contract is made before April 1, 1994; (c) payments made for
43 September and October 1993 for contracts to provide taxable services, provided that such
yi -/. 'vs
1 contracts were enforceable prior to September 1, 1993, however the city sales tax shall
If .2, apply to payments made on and after November 1, 1993; and (d) utility bills that include
3 charges for service for any date before September 1, 1993, however the city sales tax
4 shall apply to utility bills for service periods beginning September 1, 1993 or after; and
5 be it
6
7 FINALLY RESOLVED, That in all other respects the provisions of Council
8 Resolution 93-783, enacting the one-half of one percent sales tax, shall remain in full
9 force and effect, and nothing in this resolution shall be interpreted to alter, modify or
10 supersede said resolution in any way except`as-te-elu e�he-ef€eetive -tw
e€ said -
11 as specificlly provided herein.
•
Yeas ' Nays Absent Requested by Department of:
Grimm u ---Lonong g � r
L 642:2'--
Maccabee i I
Rettman %• /
Thune / ,
Wilson �- By:
C_i !
JUL 2 2 1993 Form Apps owed by City Attorne
Adopted by Council: Date - I
Adoption Certified by Council Secretary By: ,=� 4�7 /7/ / y
By: ' /.‘Y-,-,/ / A roved by Mayor o' S..mission to
PP
! : -7 4L Counc /
Approved by Mayo a 3
�
By: /
B / JUL 2 1993
•
By: (
s :r:s.-t -r�-r< 1261114 Ccn—UT
• Council File I 93 7f1(
Green Sheet I Y?
RESOLUTION/CITY OF SAINT PAUL, MINNESOTA (SI)
Presented By
Referred To Committee: Date
1
RESOLUTION APPROVING SPECIAL LAW
AND DECLARING INTENT
TO EXERCISE AUTHORITY THEREUNDER
WHEREAS, under laws of Minnesota 1993, Chapter 375, Article 9, Section 46, the
("Act") certain authority was granted to the City of Saint Paul relating to the imposition of an additional
sales tax and the use of the proceeds thereof to finance certain projects in the City; and
WHEREAS, Subdivision 6 of the Act provides that the Act is effective the day after the
governing body of the City of Saint Paul complies with Minnesota Statutes, Section 645.021, Subdivision
3; and further provides that if the Saint Paul City Council intends to exercise the authority provided by
the Act, it shall pass a resolution stating the fact before July 1, 1993; and
WHEREAS, this resolution expresses the intent of the City Council to exercise the
authority provided by Laws of Minnesota, 1993, Chapter 375, Article 9, Section 46, but does not impose
the tax; and
WHEREAS, Minnesota Statutes, Section 645.021, Subdivision 3, provides, in part, that as
soon as the local governmental unit has approved a special law, the City Clerk shall file with the
Secretary of State a certificate stating the essential facts necessary to valid approval and a copy of the
resolution of approval.
NOW, THEREFORE, BE IT RESOLVED, that Laws of Minnesota 1993, Chapter 375,
Article 9, Section 46, is hereby approved by the Council of the city of Saint Paul.
•
BE IT FURTHER RESOLVED, that the Council of the City of Saint Paul intends to
exercise the authority provided by the Laws of Minnesota, 1993, Chapter 375, Article 9, Section 46,
under the following terms;
1. The distribution of the proceeds shall be: 50% to neighborhood economic development and
housing renovation and construction projects; 40% to the Civic Center expansion and
renovation project; and 10% to cultural capital projects.
2. A Citywide Economic Revitalization Committee shall be formed to explore the possible
scope of and make recommendations concerning types of capital projects to be undertaken
with tax proceeds, to recommend general allocations, and to develop guidelines and
procedures for project review. This committee shall submit the above recommendations to
the City Council for review and approval according to a time line set by the Council.
. .e (p7 ,,I� r v i ce) L.0 ! /C
.rig �' G
y 937./
•
3. The Council, with the assistance of city staff, shall review the level of bonding authority to
be granted for the Civic Center project to assure an appropriate level of expenditure of tax
proceeds for this project.
--BE IT-FURTHER-RESOL --
13,-that-theoueeil-o€-tle-City-of-Sa4nt-Pail-hereby -sets-
public-hearings-on-thei-mpesitien-o€-X112-eeatsale-s-tax— 9a:a -on_J -14,4993,and-9-a4n,-on-
lunc 21 .,-1-993-,-arrd-- 7 p•m• .1 r
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to promptly file a
certified copy of this Resolution in the Office of the Minnesota Secretary of State as required by
Minnesota Statutes, Section 645.021, Subdivision 3.
BE IT FURTHER RESOLVED, that the Council of the City of Saint
Paul hereby sets public hearings on the imposition of the 1/2 cent sales
tax for 7 :00 P.M. on June 21 , 1993, at the Martin Luther King Center; on
June 24, 1993 at 5 : 00 P.M. in the Council Chambers ; at 7 :00 P.M. on
June 28, 1993 at the Merrick Community Center and at 9:00 A.M. on June 29 ,
1993 in the City Council Chambers ; and
Yeas Nays Absent Requested by Department of:
Grimm r/
Guerin c/
Long / Budget Office
Maccabee ✓'
Rettman V/
Thune ✓
Wilson ;/ By:
6- a 0
Adopted by Council: Date JUN 1 5 1993 _ Form Approved by City Attorney
Adoption Certified by Council Secretary
By: 2�n.ceo : �C�4oc,n JUN 1 7 1993By.
/ Approved by Mayor for Submission to
Appro,'.•y Mayor: D.te Council
4 ' AA . 'By: _ By:
'
PNI-Mt JUN 19 '93
MINNESOTA ELECTION LAWS- 1991
ARTICLE VII- ELECTIVE FRANCHISE .
Section 1: Eligibility; place of voting; ineligible persons. Every person 18 years of
age or more who has been a citizen of the United States for three months and who has
resided in the precinct for 30 days next preceding an election shall be entitled to vote in that
precinct. The place of voting by one otherwise qualified who has changed his residence
;flit) within 30 days preceding the election shall be prescribed by law. The following persons
shall not be entitled or permitted to vote at any election in this state: A person not meeting
the above requirements; a person who has been convicted of treason or felony, unless
restored to civil rights; a person under guardianship, or a person who is insane or not
,,( /ip.) ' (Jt /t,( V 5 meSec.ntally 2.competent.
p Residence. For the purpose of voting no person loses residence solely by reason
i of his absence while employed in the service of the United States;nor while engaged upon
/ the waters of this state or of tht United States; nor while a student in any institution of
learning; nor while kept at any almshouse or asylum; nor while confined in any public
I prison. No soldier,seaman or marine in the army or navy of the United States is a resident
i of this state solely in consequence of being stationed within the state.
121 Sec. 3. Uniform oath at elections. The legislature shall provide for a uniform oath or-5"/ affirmation to be administered at elections and no person shall be compelled to take any
other or different form of oath to entitle him to vote.
L j t Sec.4. Civil process suspended on election day. During the day on which an election
1 In is held no person shall be arrested by virtue of any civil process.
Sec.5. Elections by ballot. All elections shall be by ballot except for such town officers
0(), as may be directed by law to be otherwise chosen.
tJki 44illook Eligibility to hold office. Every person who by the provisions of this article is
i I entitled to vote at any election and is 21 years of age is eligible for any office elective by
the people in the district wherein he has resided 30 days previous to the election,except as
otherwise provided in this constitution,or the constitution and law of the United States. --
Sec. 7. Official year of state. The official year for the state of Minnesota commences
i on the first Monday in January in each year and all terms of office terminate at that time.
) \\
,„J" The general election shall be held on the first Tuesday after the first Monday in November(
'.1"'' in each even numbered year.
Sec. 8. Election returns to secretary of state; board of canvassers. The returns of
p Jul()) every election for officeholders elected statewide shall be made to the secretary of state
who shall call to his assistance two or more of the judges of the supreme court and two
disinterested judges of the district courts. They shall constitute a board of canvassers to
canvass the returns and declare the result within three days after the canvass.
NOTES AND DECISIONS
VICTIM CLE VII Sec.I
also:M.S.200.02.suhd. 15.
JUSTICE . iistrict court has ruled that a person who is eighteen years old,a citizen of the United States and a resident of Minnesota
my days is qualified to vote.The decision was not appealed.Erdahl v.Spannaus,et al,No.393442,Ramsey District
May 9,1974.
/ virtue of the 26th Amendment to the United States Constitution and the supremacy clause of Article VI,the voting age
mnicipal,school district,state or federal elections,whether special,primary or general,is eighteen.Op.Atty.Gen.490B,
S .6,1971.
• / e statutory and constitutional six-month residency requirement for voting eligibility is unconstitutional as violative of
wotection.Kepel v.Donovan.326 F.Supp.15(D.C.Minn, 1970),affirmed 405 U.S.1034(1972).
adoption of federal suffrage amendment in 1920 word male automatically stricken.Age,majority reached on election
)28 El.Op,201.203.
to right to vote should not he denied on account of mere technicalities.such as the failure to designate a polling place and
, n of officers.Op.Atty.Gen.246,1930.
arson not having qualifications stated in this section cannot vote in school election.Op.Atty.Gets.490H,May 16,1955.
- eaning of term"resident"is a judicial question;its meaning cannot be changed by statute.Op.Atty.Gen.490J-2,Oc-
t,1958.
sat construction of this section should not be adopted which will result in the disfranchisement of a considerable number
ars,unless such construction is rendered necessary by express and unequivocal language.Op.Atty.Gen.MS,March 19,
3i-effect of rejecting qualified voters upon validity of elections,see 15 Minn.Law Review 832.
linnesota law provides automatic restoration of civil rights for federal as well as state ex-felons upon final discharge of
ice.Op.Atty.Gen.68H,December 27,1971.
arson confined in jail for a misdemeanor may cast his ballot under the absent voters'law.Op.Atty.Gen.229,1930.
Crime Doesn't Pay. . .Victims Do
Constitution-6
w
It
1 CITY CLERK'S OFFICE
Molly O'Rourke, City Clerk
SAINT CITY OF SAINT' PAUL 170 City Hall Tel: 612-266-8694
oili. James Scheibel, Mayor L. 15 W.Kellogg Boulevard Fax 612-266-8689
ph, (�J�^ �/ Saint Paul,Minnesota 55102
AAAA �� ! 36,ci``f ,2
V_ a -=3z '-4- 6
December 16, 1993
Number Instrument Description Fees
CF #93-175 Resolution Vacation of 20' sewer easement in (7 St
Block 6, C.W. Youngman's Third
Addition
1043643
RAMSEY COUNTY RECORDER
BY
Contact Person: Frances Swanson
266-8690
CITY CLERK'S OFFICE
Molly O'Rourke, City Clerk
SAINT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694
P A U L
James Scheibel, Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689
4104t Saint Paul Minnesota 55102
1043 3
MIMI 7 7/ - December 16, 1993 ?lib?
Number Instrument Description Fees
CF #93-951 Resolution Part of the utility easement in Concord / ,D
Terrace Plat No. 1, bounded by East
Robie, Concord and State Street.
RAMSEY COUNTY RECORDER
BY
Contact Person: Frances Swanson
266-8690
CITY CLERK'S OFFICE
Molly 012eurke, City Clerk
A', CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694
041 James Scheibel,Mayor it 15 W.Kellogg Boulevard Far 612-266-8689
11 Saint Pau4 Minnesota 55102
*AAA December 13, 1993
•Number Instrument Description Fees
CF #93-1105 Res fit' Action of the Property Code
2774 8 Enforcement Board of Appeals I q
RAMSEY COUNTY RECORDER
BY
Contact Person: Frances Swanson
266-8690
ti t i
/ CITY CLERK'S OFFICE
Molly O'Rourke, City Clerk
Stie,NT CITY OF SAINT PAUL 170 City Hall Tel: 612-266-8694
P A U L
4
James Scheibel,Mayor 15 W.Kellogg Boulevard Fay 612-266 8689
Saint Paul,Minnesota 55102
� t il 02/2j Y Ar.ii_c" g' I December 7, 1993
( 7 V - 7
Number Instrument Description Fees
CF #93-1787 Resolution Correction of CF 84-1650 vacation of all
X043645 of the alley in Block 1, Elfelt, , !' "
Bernheimer & Arnolds Addition to St.
Paul to read All of the easement for
slopes, cuts and fills in the grading
of the alley in Block 1, Elfelt,
Bernheimer & Arnolds Addition to St.
Paul, recorded as document No.
360842 on March 1, 1956.
RAMSEY COUNTY RECORDER
BY
Contact Person: Frances Swanson
266-8690
DOCUMENT f O,
OFFICE- CO ;c#tGFR'
RAMSEY f ti , 1 Y I4'4
CERT. 1% :' ' Ct
FEB 3 12 is Pik
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss. coy ' ' DER
CITY OF ST. PAUL ) FAY -%i t &jTy
I, Frances Swanson, Assistant City Clerk of the City of Saint Paul,
Minnesota, do hereby certify that I have compared the attached copy of
Council File No. 93-1769 as adopted by the City Council on November 23,
1993 and approved by the Mayor on November 30, 1993 and published on
December 4, 1993, with the original thereof on file in my office.
C1
I further certify that said copy is a true and cnrrc r'+ aid
original and the whole thereof.
WITNESS, my hand and the seal of the to
this 25th day of January 1994.
ors
ASSISTANT CITY CLERK
Instru ENTERED IN TRANSFER RECORDS
limp Filing fee
1 — Z 1^ cN(
Rec copy DIRECTOR, PROPERTY Tw.
Rays � °a 1tr�v-.
Ce►copy i
Initials By --�- -- --
Pd by/bill
aty C1U/tj /y / V
.� 1 D• y_- S• ♦S Return copy to: J r ; Council File # fC3'/76 9
Real Estate Division , 2782925
140 City Hall Green Sheet # o?/W("
R SOLUTION
CITY OF SAI •AUL, MINNESOTA
Presented By /� //r�/i2&
Referred To Committee: Date
RESOLVED, that upon the petition of the Port Authority of the City of Saint Paul, per Finance
Department File No. 5-1992, that part of Broadway and that part of Blocks 9 and 12, Hoyt's
Addition to Saint Paul, bounded by E. Tenth Street and E. Ninth Street, hereinafter described,
is hereby vacated and discontinued as public property. -
The vacated area is described as follows:
That part of Lot 1, Block 12 and Lot 4, Block 9, Hoyt's Addition to St. Paul,
Ramsey County, Minnesota, and that part of Broadway described as follows:
Beginning at a point on the southwesterly line of Block 13, Kittson's Addition to
Saint Paul, Ramsey County, Minnesota, distant 30 feet southeasterly of the most
westerly corner thereof; thence run southwesterly on an azimuth of 218 degrees 18
minutes 39 seconds, azimuth oriented to Minnesota State Plane Coordinate
System, for 82.07 feet; thence on an azimuth of 138 degrees 16 minutes 54
seconds, 36.62 feet; thence on an azimuth of 48 degrees 16 minutes 54 seconds,
5.00 feet; thence on an azimuth of 138 degrees 16 minutes 54 seconds, 5.00 feet;
_thence on an azimuth of 228 degrees 16 minutes 54 seconds, 5.00 feet; thence on
an azimuth of 138 degrees 16 minutes 54 seconds, 51.34 feet; thence on an
azimuth of 141 degrees 17 minutes 50 seconds, 36.50 feet; thence on an azimuth
of 132 degrees 27 minutes 59 seconds, 75.47 feet; thence run easterly 58.92 feet on
a non-tangential curve, concave to the north, having a radius of 9131 feet and a
chord azimuth of 86 degrees 12 minutes 42 seconds to the most westerly corner of
Block 14, said Kittson's Addition; thence on an azimuth of 324 degrees 52 minutes
57 seconds 255.99 feet to the point of beginning.
This vacation shall be subject to the following conditions:
1. That this vacation shall be subject to the terms and conditions of Chapter 130,
codified March 1, 1981, of the Saint Paul Legislative Code as amended.
2. That the petitioner, its successors and assigns shall pay a $500.00
administrative fee for this vacation within 60 days of the publication date of
this resolution.
3. That a permanent utility easement shall be retained on, over, under and across
the vacated area of Broadway on behalf of the City of Saint Paul, Department
of Public Works to reserve the right of the City to maintain and operate any
sewer in or upon said easement and to enter upon said easement or any
portion thereof at any time and from time to time, for the purposes of future
construction, reconstruction, inspecting, maintaining or repairing the same or
any part thereof and shall be subject to the following conditions:
a. No buildings, structures, or trees are permitted within the easement
area nor any temporary structure, material storage, fixture, or any other
objects that will prohibit normal access to utility facilities for
maintenance purposes.
2182925 b. Improvements in or upon the above described easement that do not
prohibit the City from exercising its reserved rights may be allowed by
obtaining written permission from the Department of Public Works
Sewer Division with the understanding that the restoration and costs of
such improvements shall be the sole responsibility of the petitioner, its
successors and assigns in the event the City exercises its reserved
easement rights.
c. No change from the existing grade is permitted within the easement
area without written permission from the Director of the Department
of Public Works.
d. No change in surfacing within the easement area is permitted without
written permission from the Director of the Department of Public
Works.
e. That the petitioner, its successors and assigns shall indemnify, defend,
and save harmless the City of Saint Paul, its officers, agents, employees,
and servants from all suits, actions, or claims which shall arise from any
injuries or damages received or sustained by any break in any service
• pipe or connection in said reserved easement arising out of or resulting
from any action or negligence of the petitioner, its employees, agents, or
business invitees.
4. That a permanent utility easement be retained on, over, under and across that
part of vacated Broadway which lies northwesterly of the northwesterly line of
the alley in Block 13, Kittson's Addition to Saint Paul, extended southwesterly,
on behalf of the City of Saint Paul, Department of Public Works Lighting
Division to reserve the right to the City to maintain and operate any street
lighting and feed cabinet in or upon said easement and to enter upon said
easement or any portion thereof at any time and from time to time, for future
construction, reconstruction, inspecting, maintaining or repairing the same or
any part thereof, and shall be subject to the following condition:
a. That the petitioner, its successors and assigns shall indemnify, defend
and save harmless the City of Saint Paul, its officers, agents, employees,
and servants from all suits, actions, or claims which shall arise from any
injuries or damages received or sustained by any break in any service
feed line, equipment or connection in said reserved easement arising out
of or resulting from any action or negligence of the petitioner, its
employees, agents or business invitees.
5. That the petitioner, its successors or assigns shall convey a 20 foot permanent
access easement for ingress and egress, on, over and across the vacated area of
Broadway, to: the property owners of the north one-half of Block 14, Kittson's
Addition to Saint Paul. This easement shall be conveyed within 90 days of the
,3
7 ,—i /co ,
effective date of this resolution pursuant to terms and conditions reasonably
acceptable to the Petitioners and said owners. The location of this easement
2925 shall be subject to the approval of the Department of Public Works.
6. That a permanent utility easement be retained within the westerly 30 feet of
the easterly 50 feet of vacated Broadway on behalf of the City of Saint Paul,
Board of Water Commissioners and shall be subject to the following
conditions:
a. No buildings, structures, or trees are permitted within the easement
area, nor any temporary structure, material storage, fixture or other
objects that will prohibit normal access to water facilities for
maintenance purposes.
b. No change from the existing grade is permitted without written
permission from the Water Utility.
c. No change in surfacing within the easement area is permitted without
written permission from the Water Utility.
d. That the petitioner, its successors and assigns shall fully indemnify,
defend and save harmless the Board of Water Commissioners, its
officers, agents, employees, and servants from all suits, actions or
claims which shall arise from any injuries or damages received or
sustained by any break in any service pipe, water main, or connection
in said reserved easement, arising out of or resulting from any action
or negligence of the petitioner, its employees, agents or business
invitees.
e. That the petitioner, its successors and assigns shall assume all
maintenance costs and responsibility for the 6-inch automatic fire
supply addressed 482-500-AF Broadway.
7. The Petitioner, its successors and assigns shall pay all costs for the removal of
the street light at the corner of Broadway and Ninth Street.
8. That a permanent utility easement shall be retained within the vacated area of
Broadway to protect the interest of Northern States Power Company.
9. That a permanent utility easement shall be retained within the vacated area of
Broadway to protect the interest of U.S. West Communication, Inc.
10. That a permanent utility easement shall be retained within the vacated area
of Broadway to protect the interest of Continental Cablevision.
11. That the petitioner, its successors and assigns shall pay all costs for the
placement of appropriate signs at the ends of the vacated area of Broadway
which will indicate that said vacated Broadway is no longer a public thorough
fare and shall be subject to the approval of the Department of Public Works.
12. That no access shall be permitted from the vacated lands herein described to
"N4 93—/7(oy
Trunk Highway Number 94, except along the following described line:
Beginning at the point of beginning of said described vacated tract; thence
run southwesterly on an azimuth of 214de rees 18 minutes 39 seconds for
82.07 feet and there terminating. ' 7829
25
13. That a permanent easement shall be retained on, over and across said vacated
area described above, for the purpose of installing and maintaining buried
power lines, on behalf of the State of Minnesota, Department of
Transportation.
14. That a permanent wall maintenance easement be retained on, over and across
said vacated area, on behalf of the State of Minnesota,
Department of Transportation which lies within a distance of 10 feet
northeasterly of the following described line and its northwesterly and
southeasterly extensions: Commencing at a point on the southwesterly line
of said Block 13, Kittson's Addition to Saint Paul, 30 feet southeasterly
of the most westerly corner thereof; thence run southwesterly on an azimuth
of 218 degrees 18 minutes 39 seconds, 82.07 feet to the point of beginning of
the line to be described; thence on an azimuth of 138 degrees 16 minutes
54 seconds, 92.96 feet; thence on an azimuth of 141 degrees 17 minutes,
50 seconds, 36.50 feet; thence on an azimuth of 132 degrees 27 minutes,
59 seconds, 75.47 feet and there terminating.
15. That a permanent easement for snow storage purposes shall be retained within
that part of said vacated Broadway which is described as follows: that part
of said vacated Broadway which lies southerly of the westerly extended
southeasterly line of Block 13, Kittson's Addition to Saint Paul.
- 16. That the Council of the City of Saint Paul hereby authorizes the proper City
officials to convey, by Quit Claim Deed, to the petitioner, its successors and
assigns, all that part of vacated Lot 1, Block 12 and Lot 4, Block 9, Hoyt's
Addition to Saint Paul, which lies within said vacated area described above,
subject to the terms and conditions of this resolution.
17. That the petitioner, its successors, and assigns, by acceptance of the terms and
conditions of this resolution agree to indemnify, defend and save harmless the
City of Saint Paul, its officers and employees from all suits, actions, or claims
of any character brought as a result of injuries or damages received or
sustained by any person, persons, or property on account of this vacation or
petitioner's use of this property, including but not limited to a claim brought
because of any act of omission, neglect, or misconduct of said petitioner or
regulation made in accordance with the law, whether by the petitioner or any
of its agents or employees.
, 9.3-/7� q
2782925
18. That the petitioner, its successors and assigns, shall within 60 days of the
publication date of this resolution, file with the City Clerk an acceptance in
writing of the conditions of this resolution and shall within the period(s)
specified in the terms and conditions of this resolution, comply in all respects
with these terms and conditions.
Yeas I Nays Absent Requested by Department of:
Guerin
on. �IIIIIIM I Finance & Management Services
Macc. .ee IQMMIMMI
riaua I wr
�c�/.eune I�r� By: CGC2 46-24;(7 ) /
h1. son ICI 01y4D yirector
Form Approved by City Attorne !
Adopted by Council: Date M' 2 i •3 /1(}41,
Adoption Certified b Council Secretary By: `
By: Atm,,,, ,,s00>7
Approved by Mayor for Submission to Council
k:i i;i ^ 1 19Q�
Approved Mayor. Date r 0 a,
By: By:
,(AV/44/
PL U O DEC 0 4 '93
q: