CITY COUNCIL MEETING AGENDA September 19, 2016 7:00pm...2016/09/19 · O:\City Council\Council...

$: CITY COUNCIL MEETING AGENDA September 19, 2016 7:00pm...2016/09/19 · O:\City Council\Council 2016\Agendas\2016.09.19 CC RM Agenda.docx Page 1 of 2 CITY COUNCIL MEETING AGENDA September$
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities

for a high quality of life while protecting natural resources and maintaining a rural character.

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CITY COUNCIL MEETING AGENDA September 19, 2016

7:00pm

1) Call to Order a) Pledge of Allegiance b) Introductions: City Council: Mayor Lisa Whalen, Patricia Thoele, Mark Vanderlinde, Pam

Mortenson, Bob Christians; Staff: City Administrator Michael Barone, Community Development Director David Abel, Finance Director Brian Grimm, Director of Public Safety Paul Falls, and City Clerk Kris Linquist. Consultants: City Attorney Ron Batty, Kennedy & Graven; and City Engineer Paul Hornby, WSB Engineering.

c) Approval of Agenda

2) Special Presentations

a) Ceil Strauss, Minnesota DNR, Minnesota State Floodplain Manager, regarding floodplain changes

3) Persons to Be Heard

The City Council invites residents to share new ideas or concerns related to city business; however, individual questions and remarks are limited to three (3) minutes per speaker. No City Council action will be taken, although the Council may refer issues to staff for follow up or consideration at a future meeting. The mayor may use discretion if speakers are repeating views already expressed or ask for a spokesperson for groups of individuals with similar views. Speakers should state their name and home address at the podium before speaking.

4) Consent Agenda a) Approve Work Session Meeting Minutes from September 6, 2016 b) Approve Regular Meeting Minutes from September 6, 2016 c) Res. No. 162-16 Approve Claims d) Res. No. 163-16 Accept Project and Authorize Final Payment for the Westwood Drive

Drainage Improvement Project (CP 08-15) e) Res. No. 164-16 Approve Step Increase for Nick Rettke, Public Maintenance Worker f) Res. No. 165-16 Approve Extension for plat of Eagle Bluff 4th Addition g) Approve Second Home Agreement for Craig Mader at 4885 North Arm Drive

5) Public Hearings a) Temporary One Day On-Sale Liquor License – Northwest Tonka Lions

6) Business Items a) Adopt Ordinance 442 Amending Section 510.05 Floodplain Management

i) Res. No. 166-16 Ordinance 442 by Title and Summary b) Res. No. 167-16 Order Improvement and Authorize Preparation of Plans and

Specifications for Halstead Drive Improvement Project (CP01-16) c) Res. No. 170-16 Approve a Conditional Offer of Employment for Jesse Szykulski as

Building Official



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d) Summary of Closed Session in accordance with MN Statutes § 13D.05 subd. 3a for Monty Weiland’s Employee Performance Evaluation Review

7) Administrative Items

a) Staff Reports i) City Administrator

b) Council Reports

i) Mayor Lisa Whalen – Economic Development Authority; Personnel Committee; Planning Commission

(rotating); Police Communications Committee; Northwest Hennepin League of Municipalities; Minnehaha Creek Watershed District; Pioneer-Sarah Creek Watershed Management Commission (alternate); Gillespie Center Advisory Council; Mound Fire Advisory Committee (alternate); Parks Commission (rotating)

ii) Patricia Thoele – Acting Mayor; Personnel Committee; Planning Commission (rotating); Parks

Commission(rotating); Economic Development Authority

iii) Mark Vanderlinde – Economic Development Authority; St. Bonifacius Fire Advisory Committee; Planning

Commission (rotating); Parks Commission (rotating)

iv) Pam Mortenson – Economic Development Authority; Planning Commission (rotating); Parks

Commission (rotating); Spirit of the Lakes Festival

v) Bob Christians – Economic Development Authority; Mound Fire Advisory Committee (rep); Westonka

Community & Commerce; Planning Commission (rotating); Parks Commission (rotating)

8) Adjournment

The agenda packet with all background material is located at the back table for viewing by the public. Published agenda is subject to change without notice. Information and materials relating to the above items are available for review at city hall by appointment.

Minnetrista Work Session Minutes – September 6, 2016 Page 1

CITY COUNCIL WORK SESSION MINUTES

Tuesday, September 6, 2016 5:30 p.m.

1) Call to OrderMayor Whalen called the meeting to order at 5:30 p.m.

Present – Council: Mayor Lisa Whalen, Patricia Thoele, Mark Vanderlinde,Pam Mortenson and Bob Christians; Staff: City Administrator MichaelBarone, Finance Director Brian Grimm, Public Safety Director Paul Falls,City Clerk Kris Linquist, and Public Works Superintendent Gary Peters;Consultant: City Engineer Paul Hornby, WSB EngineeringAbsent: None

2) 2017 Budget DiscussionFinance Director Grimm overviewed the Staff report dated September 6,2016 for the 2017 Preliminary Levy and Budget.Highlights included:

Staff intends to present the plan at the regular council meeting.

Increasing the roads budget from $75,000 to $100,000.

The proposed preliminary tax levy is a 2.89% increase over the 2016final tax levy.

Vanderlinde commented that keeping up with a COLA each year is a good idea and likes the proposed Levy.

Barone commented that the proposed 2017 levy is less than the levy was in 2010.

Mortenson questioned where general sidewalk repairs are budgeted from. Peters stated that those types of repairs are budgeted for in the general maintenance fund.

There was some discussion on creating a special fund for trail maintenance.

This item will be on the regular meeting on September 6, 2016.

3) Road Maintenance Fund/Pavement Management Plan BudgetDiscussion

Item 4a


Finance Director Grimm and City Engineer Hornby overviewed the Road Maintenance Fund outlined in the Staff report dated September 6, 2016. Highlights included:

Projects for 2017 Budget of $250,000: Mill & Overlay Project – Maple Forest - $105,000 Crack Fill/Sealcoat Project (North and South Saunders Area) -

$90,000 Pavement Rating Program (re-rate bituminous roadways) - $20,000 Reclamation Project – Enchanted Lane - $350,000 (Bond Project) Reclamation Project – Tuxedo Road/Blvd - $450,000 (Bond

Project) Reclamation Project - Grand View Avenue - $110,000 (Bond

Project) Red Oak Developer $35,000 contribution (total project is $145,000) Halstead Drive Reconstruction (Farmhill Drive/Circle - $3,606,000

(Bond Project)

2018 Budget $375,000 Mill & Overlay Project Sunnyfield Road East - $250,000 Crack Fill/Sealcoat Project (Kings Point Road Area) -$150,000

2019 Budget $450,000 Mill & Overlay Project – Painters Creek Area - $285,000 Crack Fill/Sealcoat Project (Sunnybrook, Turtle Creek, Bayside

Areas) -$110,000 Hornby overviewed the state aid funding.

There was discussion about spreading out the bond projects over more years.

Vanderlinde commented that it makes sense to do Tuxedo Road along with

Enchanted Lane. Grimm stated that the projects proposed in 2017 construction year will be

bonded for 2018. There was discussion on debt services. There was discussion on doing projects with bonding around one million per

year so that the costs for bonding makes it worth while. Mayor Whalen commented she would like to see more projects get done in

the next three years. Vanderlinde had questions regarding bidding the projects separately but

together in one bid package. Hornby stated that the Tuxedo portion would be the larger project and most contractors would want the two projects together.


Mayor Whalen suggested looking at more projects for 2018 to bond. Thoele commented that she would like to focus on getting some of these

projects completed. Council directed staff to come up with projects in 2018 that would be

approximately $1 - $ 1.5 Million that could be bonded.

4) Adjourn Motion by Christians, seconded by Thoele to adjourn the Work Session Meeting. Motion carried 5-0. Absent: None Mayor Whalen adjourned the meeting at 6:29 p.m.

Respectfully Submitted,

Kri s L inquis t

Kris Linquist, MMMC, CMC City Clerk



Minnetrista City Council Minutes – September 6, 2016 Page 1 of 6

CITY COUNCIL MEETING MINUTES Tuesday, September 6, 2016

7:00 p.m.

1) Call to OrderMayor Whalen called the meeting to order at 7:00 p.m.

a) Pledge of Allegiance

b) Introductions:City Council: Mayor Lisa Whalen, Patricia Thoele, Mark Vanderlinde, Pam Mortensonand Bob Christians; Staff: City Administrator Michael Barone, Finance Director BrianGrimm, Community Development Director David Abel, Public Safety Director PaulFalls, City Clerk Kris Linquist, Public Works Superintendent Gary Peters, andHR/Communications Coordinator Cassandra Tabor; Consultants: City AttorneyAndrew Biggerstaff, Kennedy & Graven and City Engineer Paul Hornby, WSBEngineering.Absent: None

c) Approval of AgendaCommunity Development Director Abel requested to remove items 6c) Res. No. 160-16 Deny Subdivision with Variance for Lake West Development, LLC at 4925Minneapolis Avenue and 6d) Res. No. 161-16 Deny Subdivision with Variance forLake West Development, LLC at 5310 Eastview Avenue from the agenda at therequest of the Applicant.

Motion by Christians, seconded by Mortenson to approve the agenda with the removalof Items 6c) Res. No. 160-16 Deny Subdivision with Variance for Lake WestDevelopment, LLC at 4925 Minneapolis Avenue and 6d) Res. No. 161-16 DenySubdivision with Variance for Lake West Development, LLC at 5310 EastviewAvenue.Motion carried 5-0. Absent: None

2) Special Presentationsa) Swearing In of Police Officer Justin Thompson

Chief Falls overviewed Officer Justin Thompson’s credentials.Mayor Whalen swore in Officer Justin Thompson

b) 2017 BudgetFinance Director Grimm overviewed the proposed 2017 Budget and Levy.

3) Persons to Be Heard – None

4) Consent Agendaa) Approve Work Session Meeting Minutes from August 15, 2016b) Approve Regular Meeting Minutes from August 15, 2016c) Res. No. 153-16 Approve Claimsd) Res. No. 154-16 Approve Front Yard Setback Variance for Ronning at 9390 County

Item 4b




Road 26 e) Res. No. 155-16 Approve Simple Subdivision for Reinhart at 630 & 680 Game Farm Road f) Res. No. 156-16 Approve Simple Subdivision for Reinhart & Casaus at 630 Game Farm Road & 7155 County Road 26. g) Res. No. 157-16 Approve John Molin to interim Building Official

Motion by Vanderlinde, seconded by Christians to approve the Consent Agenda as presented. Motion carried 5-0. Absent: None

5) Public Hearings a) Halstead Drive Improvement Project (City Project 01-16)

City Engineer Hornby presented the Staff Report found in the City Council packet dated September 6, 2016. He overviewed the proposed public improvements to Halstead Drive. Highlights include:

Council received the Feasibility Report for the Halstead Drive Street Improvement Project and called for a public hearing.

The improvement would include the reconstruction of Halstead Drive from Highland Road to approximately 200 feet west of Lakeside Drive. The improvement would also include reclamation of the roadway pavement on Farmhill Drive and Farmhill Circle.

The city hosted two public informational meetings on May 10, 2016 and August 16, 2016.

The probable project cost is $3,606,000.

Proposed special assessments are $14,818.49/unit for Halstead Drive Properties, $11,113.87/unit for Farmhill Drive/Circle Properties.

New water service construction amount will be $3,374.80/unit

Two residents have requested their properties be removed from the assessment roll.

Mayor Whalen questioned if the city would get more Municipal State Aid (MSA) funds for 2016. Hornby stated yes the city would and the council could so choose to use it for this project. There was discussion about reclamation versus reconstruction for Farmhill. Mayor Whalen opened the public hearing at 7:33 p.m. Rick Buss, 3915 Farmhill Drive – had question about redoing Farmhill Circle since it has already been torn up when the pipeline went through and is being fixed. Mike Eder, 7535 Halstead Drive – really wants Halstead Drive paved. Raymond Berg, 3975 Farmhill Drive – concerned about traffic and the expense to Farmhill residents.




Wade Clarke, 7250 Halstead Drive – questioned if the road could be done at 24 feet wide and still qualify for MSA. He also requested as small of assessment as possible. George Norling, 8300 Halstead Drive – questioned the existing powerlines and if service was going to be buried. He also had comments about the wetlands by Highland Rd. Josh Sebasky, 7515 Halstead Drive – concerned with the assessments. He would rather have the road done correctly with the wider road and decent shoulders. Mayor Whalen closed the public hearing at 8:03 p.m. There was discussion about deferment of assessments for parcels that could possibly be subdivided at a later date. Thoele commented about the proposed paving of Farmhill Circle that will be done by contractor that put in new watermain. Hornby stated that if state monies are used for this project then the city has to follow state standards for the roadway. Motion by Thoele, seconded by Christians to order the project and authorize staff to prepare plans and specifications for the September 19, 2016 meeting. Motion carried 5-0. Absent: None.

6) Business Items a) 2017 Budget Approvals

i) Resolution No. 158-16 Approve 2017 Preliminary Tax Levy Finance Director Grimm overviewed the adoption of 2017 Preliminary Budget outlined in the September 6, 2016 Staff report.

The proposed 2.89% levy increase provides for additional funding for roads, equipment and staffing levels to match service needs, as well as capturing growth that has continued to occur within the City.

The total gross levy as included is $4,289,150 and once fiscal disparities are taken off the net levy applied to properties within Minnetrista is $4,173,110.

The City’s Preliminary levy will have to be certified to the County by the September 30th deadline.

Once the Preliminary Levy is set, it can only stay the same or be reduced. It cannot increase.

Motion by Thoele, seconded by Mortenson to Approve Resolution No. 158-16 Adopting Proposed 2016 Tax Levy Collectible in 2017.

Motion carried 5-0. Absent: None ii) Resolution No. 159-16 Approve Debt Levy at 100% of 2017 Bond Payment

Finance Director Grimm overviewed the approval of the debt levy at 100% of 2017 Bond Payments outlined in the September 6, 2016 Staff report.

Historically, the City Council has levied for 100% of the next year’s bond payments on existing debt issues and then monitor for future budget cycles to see if the change to 105% levy of future bond payments is warranted.




Motion by Mortenson, seconded by Vanderlinde to Approve Resolution No. 159-16

Adopting a Debt Levy for 100% of 2017 Bond Payments on existing debt instead of the statutory allowed 105% of 2017 bond payments.

Motion carried 5-0. Absent: None iii) Approve Meeting Date for Public Comments on 2017 Levy and Budget

Finance Director Grimm is requesting that the Council call for a Public Comment on the 2017 Levy and Budget at its December 5, 2016 Council Meeting at 7:00 p.m.

Motion by Mortenson, seconded by Thoele to Set the Public Comment for the 2017 Levy and Budget for the December 5, 2016 Council Meeting at 7:00 p.m.

Motion carried 5-0. Absent: None

b) Tuxedo Rd/Enchanted Lane Discussion City Engineer Hornby overviewed the possibility of adding Tuxedo Boulevard and Tuxedo Road to the 2017 Roadway Improvement project with Enchanted Lane. Highlights include:

More than 75% of Tuxedo Boulevard and Tuxedo Road have the lowest projected PMP rating.

The roadways would be a candidate for reconstruction or reclamation.

The potential pre-feasibility report costs for Tuxedo Boulevard and Tuxedo Road reclamation improvement to be $450,000 with a possible property assessment of $6,500 to $7,000 per parcel.

The total projected project cost for both Tuxedo and Enchanted would be $800,000.

Christians asked if Tuxedo Road had been reclaimed in the last 20 years. Hornby stated that it had not been.

There was some discussion about Grand View Avenue.

Hornby stated that the next step would be to hold a public informational meeting once it is determined that Tuxedo Road will be included in the Enchanted Lane Project.

Motion by Christians, seconded by Vanderlinde to include Tuxedo Road in the Enchanted Lane Project.

Motion carried 5-0. Absent: None

Thoele commented that the Pavement Management Plan was done in 2012 and didn’t see the need to have it done again for $20,000. Barone commented that a lot has changed in the last four years and the plan from 2012 was a working document. Peters commented that it’s important to have an updated Management Plan to work with.

c) Res. No. 160-16 Deny Subdivision with Variance for Lake West Development,

LLC at 4925 Minneapolis Avenue This item was removed from the agenda at the request of the Applicant.




d) Res No. 161-16 Deny Subdivision with Variance for Lake West Development,

LLC at 5310 Eastview Avenue This item was removed from the agenda at the request of the Applicant.

7) Administrative Items

a) Staff Reports i) City Administrator

Landscaping done by Public Works at City Hall and Police Department

Meeting about shared Fire Services on October 19

ii) Director of Public Safety

Citizens Academy – deadline September 13, 2016

iii) City Engineer

Detour on County Road 19 from West Branch to North Arm Mayor Whalen called for a short break at 9:00 p.m. Meeting reconvened at 9:05 p.m.

b) Council Reports i) Mayor Lisa Whalen

WeCAN – Guns and Hoses

NW League

Tree Spraying Program

ii) Patricia Thoele

Commented on proposed subdivision

iii) Mark Vanderlinde

St. Boni Fire Advisory Board

iv) Pam Mortenson

Planning Commission

Steering Committee

Deer Creek Road

v) Bob Christians

WeCAN – Guns and Hoses

8) Closed Session in accordance with MN Statutes § 13D.05 subd. 3a for Employee

Performance Evaluation Review Motion by Vanderlinde, seconded by Mortenson to adjourn to closed session to discuss Monty Weiland’s Employee Performance Evaluation Review pursuant to MN Statutes § 13D.05 subd. 3a for Employee Performance Evaluation Review. Motion carried 5-0. Absent: None




Meeting reconvened at 10:20 p.m.

9) Adjournment Motion by Vanderlinde, seconded by Christians to adjourn the meeting at 10:20 p.m. Motion carried 5-0. Absent: None Respectfully submitted, Kris Linquist City Clerk

RESOLUTION NO. 162-16

RESOLUTION APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS

WHEREAS, the City Council of the City of Minnetrista, pursuant to MS 412.241, shall have the full authority over the financial affairs of the City; and

WHEREAS, the City Council reviewed the Claims for payment, with checks numbered 59527 through 59592; electronic checks E1000670 through E1000683; Voided E1000599 and replaced with E1000682, posted electronic check to incorrect vendor, no monetary change. Claims batch includes an electronic transfer for payroll.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, that the attached list of claims in the amount of $ 1,379,983.71 is hereby approved.

ADOPTED this 19th day of September 2016 by a vote of ____ Ayes _____ Nays.

___________________________ Lisa Whalen, Mayor

ATTEST:

________________________________ Kris Linquist, City Clerk

(seal)

Item 4c

*Check Detail Register©

CITY OF MINNETRISTA 09/16/16 11:19 AM

Page 1

SEPTEMBER 2016

Check Amt CommentInvoice

1010 1ST BK OF THE LAKES

AMERIPRIDE SERVICES INCPaid Chk# 059527 9/13/2016

$12.00 Service ChargeE 101-41940-211 CLEANING & MAINT SUPPLIES 1003519523

$43.73 Shop uniformsE 101-43121-417 UNIFORMS 1003519523

$28.00 Shop towelsE 101-43121-215 SHOP MATERIALS 1003519523

Total AMERIPRIDE SERVICES INC $83.73

BLUE CROSS BLUE SHIELD MNPaid Chk# 059528 9/13/2016

$701.14 Premium- PW Employer PaidE 101-43125-131 HEALTH & LIFE INS - E CONTR BCBS 100116

$617.00 Premium-Bldg OffE 101-42401-131 HEALTH & LIFE INS - E CONTR BCBS 100116

$10,397.55 Premium- PD Employer PaidE 101-42110-131 HEALTH & LIFE INS - E CONTR BCBS 100116



$1,531.04 Premium- PW Employer PaidE 602-49490-131 HEALTH & LIFE INS - E CONTR BCBS 100116



$1,700.00 Premium- Planning Employer PdE 101-41910-131 HEALTH & LIFE INS - E CONTR BCBS 100116

$2,596.67 Premium -Admin Employer PaidE 101-41320-131 HEALTH & LIFE INS - E CONTR BCBS 100116

$2,698.25 *HSA Premium Employee PaidG 101-2340 PAYROLL CLEARING HEALTH INS BCBS 100116

Total BLUE CROSS BLUE SHIELD MN $25,927.50

FRONTIER NYPaid Chk# 059529 9/13/2016

$772.29 Monthly Phone Service (2)E 101-41940-321 TELEPHONE 952-446-1660



Total FRONTIER NY $2,316.87

KWIK TRIPPaid Chk# 059530 9/13/2016

$3.58 MeetingE 101-42110-404 VEHICLE & EQUIP MAINT 3135566

Total KWIK TRIP $3.58

MET COUNCIL (SAC)Paid Chk# 059531 9/13/2016

$9,840.60 * Monthly SACG 602-2395 SAC CLEARING AUG 2016

Total MET COUNCIL (SAC) $9,840.60

POST BOARDPaid Chk# 059532 9/13/2016

$90.00 Peace Officer LicenseE 101-42110-433 DUES & SUBSRIPT & TRAINING

Total POST BOARD $90.00

ADVANTAGE PROPERTY MAINTENANCEPaid Chk# 059533 9/19/2016

$400.00 Lawn ServiceE 602-49490-227 UTILITY SYSTEM MAINT SUPPL 2522

$650.00 Lawn ServiceE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 2522

$900.00 Lawn ServiceE 101-41940-402 LAWN MAINTENANCE 2522

$4,825.00 Lawn ServiceE 101-45202-402 LAWN MAINTENANCE 2522

al ADVANTAGE PROPERTY MAINTENANCE $6,775.00

AMERIPRIDE SERVICES INCPaid Chk# 059534 9/19/2016







Total AMERIPRIDE SERVICES INC $239.88

BEAR TREE CARE-USEPaid Chk# 059535 9/19/2016

$450.00 North Cusoke ParkE 101-45202-402 LAWN MAINTENANCE

Total BEAR TREE CARE-USE $450.00



Page 2

SEPTEMBER 2016


BILDEAUX SERVICESPaid Chk# 059536 9/19/2016

$720.00 Chainsaw trainingE 101-43121-307 PROFESSIONAL SERVICES

Total BILDEAUX SERVICES $720.00

BRYAN ROCK PRODUCTSPaid Chk# 059537 9/19/2016

$6,659.58 Rock for StockE 101-43121-224 STREET MAINTENANCE SUPPL 17317

Total BRYAN ROCK PRODUCTS $6,659.58

CITY OF MOUNDPaid Chk# 059538 9/19/2016

$53,117.75 Quarterly Fire ServiceE 101-42210-316 FIRE CONTRACT MOUND 4th Qtr 2016

$17,026.00 Quarterly Debt PaymentE 514-47000-601 BOND PRINCIPAL 4th Qtr 2016

Total CITY OF MOUND $70,143.75

CITY OF ST BONIFACIUSPaid Chk# 059539 9/19/2016

$52,985.50 Quarterly Fire ServiceE 101-42210-318 FIRE CONTRACT ST BONIFACI 4th Qtr 2016

Total CITY OF ST BONIFACIUS $52,985.50

ECM PUBLISHERS, INCPaid Chk# 059540 9/19/2016

$92.52 Public Hearing -HalsteadE 406-43121-351 LEGAL NOTICE & ORD PUBLIC 399729

Total ECM PUBLISHERS, INC $92.52

EROSION PRODUCTS, LLCPaid Chk# 059541 9/19/2016

$213.00 Rip Rap for City Hall LandscapingE 101-41940-402 LAWN MAINTENANCE 3187

Total EROSION PRODUCTS, LLC $213.00

FASTENAL COMPANYPaid Chk# 059542 9/19/2016

$3.98 Lift Station SuppliesE 602-49490-240 SMALL TOOLS AND MINOR EQ MNWAC 4766

$141.94 Gloves and Socket BitsE 602-49490-240 SMALL TOOLS AND MINOR EQ MNWAC47663

Total FASTENAL COMPANY $145.92

FP MAILING SOLUTIONSPaid Chk# 059543 9/19/2016

$12.00 Postage ResetE 101-41320-322 POSTAGE RI102945623

Total FP MAILING SOLUTIONS $12.00

FRONTIER NYPaid Chk# 059544 9/19/2016

$100.64 Fire Alarm-PWE 101-43121-321 TELEPHONE 952-446-9997

Total FRONTIER NY $100.64

GOPHER STATE ONE CALLPaid Chk# 059545 9/19/2016

$165.38 Sewer & Water LocatesE 602-49490-437 MISCELLANEOUS EXPENSE 6080570

$165.37 Sewer & Water LocatesE 601-49440-437 MISCELLANEOUS EXPENSE 6080570

Total GOPHER STATE ONE CALL $330.75

HARGREAVES, PATIA & DARINPaid Chk# 059546 9/19/2016

$688.00 Rtn Land Use Deposit ML-16022G 801-1170 LAND USE RECEIVABLE

Total HARGREAVES, PATIA & DARIN $688.00

HENN CO INFO TECHNOLOGYPaid Chk# 059547 9/19/2016

$2,083.94 radio lease - PDE 401-42110-560 EQIUP AND FURNISHINGS 1000080808

$297.28 Radio LeaseE 101-43121-415 RADIO LEASE 1000080851

Total HENN CO INFO TECHNOLOGY $2,381.22

HENN CO SHERIFF (PER DEIM)Paid Chk# 059548 9/19/2016

$150.00 Booking FeeE 101-42110-441 CORRECTION FEES/CHGS 1000080599

Total HENN CO SHERIFF (PER DEIM) $150.00

HOME DEPOTPaid Chk# 059549 9/19/2016

$471.97 DishwasherE 101-41940-404 VEHICLE & EQUIP MAINT 7901131



Page 3

SEPTEMBER 2016


Total HOME DEPOT $471.97

J.P. COOKE CO.Paid Chk# 059550 9/19/2016

$70.50 Dog LicensesE 101-42110-319 KENNEL CHARGES 411212

Total J.P. COOKE CO. $70.50

JUBILEE FOODSPaid Chk# 059551 9/19/2016

$16.84 National Night OutE 101-42110-431 TRAIN/MTG/EXP & SUPPLIES

Total JUBILEE FOODS $16.84

LEAGUE OF MINNESOTA CITIESPaid Chk# 059552 9/19/2016

$7,099.00 League Dues 2016E 101-41320-433 DUES & SUBSRIPT & TRAINING 238698

Total LEAGUE OF MINNESOTA CITIES $7,099.00

LEXISNEXISPaid Chk# 059553 9/19/2016

$30.00 Contract FeeE 101-42110-307 PROFESSIONAL SERVICES 1085510-1608

Total LEXISNEXIS $30.00

LINQUIST, KRISPaid Chk# 059554 9/19/2016

$122.73 Travel Reimbursement-MMCAE 101-41320-433 DUES & SUBSRIPT & TRAINING

Total LINQUIST, KRIS $122.73

LOFFLER COMPANIES INC MOPaid Chk# 059555 9/19/2016

$324.18 Monthy Copier-PDE 101-42110-202 COPY & PRINTING SUPPLIES 312945769

Total LOFFLER COMPANIES INC MO $324.18

LOFFLER, INCPaid Chk# 059556 9/19/2016

$1,215.20 General Support 9/1/16-9/30/16E 101-41320-410 COMPUTER SERVICES/FEES 2316367

$1,736.00 General Support 9/1/16-9/30/16E 101-42110-410 COMPUTER SERVICES/FEES 2316367

$260.40 General Support 9/1/16-9/30/16E 101-43121-410 COMPUTER SERVICES/FEES 2316367



Total LOFFLER, INC $4,340.00

MARTIN MCALLISTERPaid Chk# 059557 9/19/2016

$500.00 AssessmentE 101-42110-307 PROFESSIONAL SERVICES 10629

Total MARTIN MCALLISTER $500.00

MATRIX COMMUNICATIONS, INC.Paid Chk# 059558 9/19/2016

$67.50 Phone Work OrderE 101-41940-321 TELEPHONE 83940

Total MATRIX COMMUNICATIONS, INC. $67.50

MET COUNCIL ENVIRONMENTAL SVCPaid Chk# 059559 9/19/2016

$21,026.64 * Monthly SewerE 602-49490-438 EXPENSE MWCC 0001059213

otal MET COUNCIL ENVIRONMENTAL SVC $21,026.64

METERING AND TECHNOLOGYPaid Chk# 059560 9/19/2016

$7,632.00 Meters and readersE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 7141

Total METERING AND TECHNOLOGY $7,632.00

MID COUNTYPaid Chk# 059561 9/19/2016

$411.00 Squad FuelE 101-42110-212 MOTOR FUELS AND LUBRICAN 8978

$462.38 Squad FuelE 101-42110-212 MOTOR FUELS AND LUBRICAN 9055

Total MID COUNTY $873.38

MILLS FLEET FARMPaid Chk# 059562 9/19/2016

$130.38 WadersE 101-43121-240 SMALL TOOLS AND MINOR EQ

Total MILLS FLEET FARM $130.38



Page 4

SEPTEMBER 2016


MINNESOTA MAYORS ASSOCIATIONPaid Chk# 059563 9/19/2016

$30.00 Mayors AssociationE 101-41110-433 DUES & SUBSRIPT & TRAINING 2016-2017

Total MINNESOTA MAYORS ASSOCIATION $30.00

MN DEPT OF HEALTHPaid Chk# 059564 9/19/2016

$32.00 Water Supply System Operator Exam (2)E 601-49440-433 DUES & SUBSRIPT & TRAINING

$32.00 Water Supply System Operator Exam (2)E 601-49440-433 DUES & SUBSRIPT & TRAINING

Total MN DEPT OF HEALTH $64.00

MN RURAL WATER ASSOCIATIONPaid Chk# 059565 9/19/2016

$255.00 Class C and D Exam Refresher (2)E 601-49440-433 DUES & SUBSRIPT & TRAINING

$255.00 Class C and D Exam Refresher (2)E 601-49440-433 DUES & SUBSRIPT & TRAINING

Total MN RURAL WATER ASSOCIATION $510.00

MN VALLEY LANDSCAPING SUPPLYPaid Chk# 059566 9/19/2016

$163.42 Plants for Logo SignsE 404-45202-530 IMPROVEMENTS 80839

Total MN VALLEY LANDSCAPING SUPPLY $163.42

MOUND TRUE VALUE HARDWAREPaid Chk# 059567 9/19/2016

$31.71 Water SamplesE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 137024

$52.83 BoltsE 101-43121-215 SHOP MATERIALS 137058

$25.99 Handsaw for Wood ShopE 101-43121-240 SMALL TOOLS AND MINOR EQ 137084

$29.98 Curb Stop RepairE 601-49440-227 UTILITY SYSTEM MAINT SUPPL 137197

$7.49 Extension Cord Reel-Squad CarE 101-42110-240 SMALL TOOLS AND MINOR EQ 137285

$3.08 Bolts for SignE 101-43121-215 SHOP MATERIALS 137314

$5.94 Logo Sign City HallE 101-43121-215 SHOP MATERIALS 137382

$31.36 Water SamplesE 601-49440-322 POSTAGE 137784

Total MOUND TRUE VALUE HARDWARE $188.38

MOUND TRUE VALUE-PDPaid Chk# 059568 9/19/2016

$28.45 Soap and DeoderantE 101-42110-211 CLEANING & MAINT SUPPLIES 137304

$12.98 Pet BowlE 101-42110-211 CLEANING & MAINT SUPPLIES 137557

$15.94 Tide, CleanersE 101-42110-211 CLEANING & MAINT SUPPLIES 137702

Total MOUND TRUE VALUE-PD $57.37

OFFICE DEPOT - CHICAGOPaid Chk# 059569 9/19/2016

$50.00 Paper, Clips, Pens, CupsE 101-41910-201 OFFICE SUPPLIES 860188525001

$80.00 Paper, Clips, CupsE 101-41320-201 OFFICE SUPPLIES 860188525001

$20.00 Paper, Clips, Pens, CupsE 101-42401-201 OFFICE SUPPLIES 860188525001

$37.64 Paper, Cups, Tape, ClipsE 101-43121-201 OFFICE SUPPLIES 860188525001

$29.98 Plates, ClipboardsE 101-42110-201 OFFICE SUPPLIES 861027491001

$12.57 NapkinsE 101-42110-201 OFFICE SUPPLIES 861027624001

Total OFFICE DEPOT - CHICAGO $230.19

PEAK HEATING AND COOLINGPaid Chk# 059570 9/19/2016

$886.50 Heating ServiceE 101-41940-401 BLDG/STRUCT MAINTENANCE 10967

Total PEAK HEATING AND COOLING $886.50

PETERS, GARYPaid Chk# 059571 9/19/2016

$138.11 Dual Wheel SeperatorE 101-43121-240 SMALL TOOLS AND MINOR EQ

Total PETERS, GARY $138.11

Petty CashPaid Chk# 059572 9/19/2016

$46.67 City Council FoodE 101-41110-437 MISCELLANEOUS EXPENSE

Total Petty Cash $46.67

PLASTIC BAGMARTPaid Chk# 059573 9/19/2016

$32.00 Permit BagsE 101-42401-201 OFFICE SUPPLIES 88591



Page 5

SEPTEMBER 2016


Total PLASTIC BAGMART $32.00

PREMIUM WATERS, INCPaid Chk# 059574 9/19/2016

$159.92 WaterE 101-41940-211 CLEANING & MAINT SUPPLIES 605123-08-16

Total PREMIUM WATERS, INC $159.92

PRIDE CONSTRUCTIONPaid Chk# 059575 9/19/2016

$7,250.00 Culvert Replacement on Deer Creek and CIP ProjectE 651-49590-530 IMPROVEMENTS

Total PRIDE CONSTRUCTION $7,250.00

RITEWAYPaid Chk# 059576 9/19/2016

$34.19 Utility BillsE 671-43230-437 MISCELLANEOUS EXPENSE 16-32915

$34.19 Utility BillsE 651-49590-202 COPY & PRINTING SUPPLIES 16-32915



Total RITEWAY $341.86

SANDQUIST, JOANPaid Chk# 059577 9/19/2016

$35.64 July and Aug MileageE 101-41320-331 TRAVEL EXPENSE

Total SANDQUIST, JOAN $35.64

SITEONE LANDSCAPE SUPPLYPaid Chk# 059578 9/19/2016

$106.50 Park Irrigation PartsE 101-45202-401 BLDG/STRUCT MAINTENANCE 77388009

Total SITEONE LANDSCAPE SUPPLY $106.50

STAR TRIBUNEPaid Chk# 059579 9/19/2016

$42.25 Paper SubscriptionsE 101-42110-433 DUES & SUBSRIPT & TRAINING 5220862

$42.25 Paper SubscriptionE 101-41320-433 DUES & SUBSRIPT & TRAINING 7633734

Total STAR TRIBUNE $84.50

SUNRAM CONSTRUCTION Paid Chk# 059580 9/19/2016

$22,609.63 Westwood Drive Drainage ImprovementsE 651-49590-530 IMPROVEMENTS Pay 3 & Final

Total SUNRAM CONSTRUCTION $22,609.63

TASC FLEX SYSTEMS REIMBURSEMENPaid Chk# 059581 9/19/2016

$47.34 Admin FeesE 101-42110-437 MISCELLANEOUS EXPENSE INV858886

tal TASC FLEX SYSTEMS REIMBURSEMEN $47.34

TASER INTERNATIONALPaid Chk# 059582 9/19/2016

$1,641.90 TaserE 401-42110-560 EQIUP AND FURNISHINGS SI1451158

Total TASER INTERNATIONAL $1,641.90

THE DALE GREEN COMPANYPaid Chk# 059583 9/19/2016

$210.00 Black dirtE 101-43121-224 STREET MAINTENANCE SUPPL Sept 2016

Total THE DALE GREEN COMPANY $210.00

TRI COUNTY LAW ENF ASSNPaid Chk# 059584 9/19/2016

$75.00 2016 DuesE 101-42110-433 DUES & SUBSRIPT & TRAINING

Total TRI COUNTY LAW ENF ASSN $75.00

UNIFORMS UNLIMITED, INC.Paid Chk# 059585 9/19/2016

$86.98 UniformsE 101-42110-417 UNIFORMS 28045-2



Total UNIFORMS UNLIMITED, INC. $290.92

US BANK CORPORATE SYSTEMSPaid Chk# 059586 9/19/2016

$50.40 Council Meeting FoodE 101-41110-437 MISCELLANEOUS EXPENSE

$100.00 Sensible Land Use Session -Abel, OlsonE 101-41910-433 DUES & SUBSRIPT & TRAINING



Page 6

SEPTEMBER 2016


Total US BANK CORPORATE SYSTEMS $150.40

VERIZON WIRELESSPaid Chk# 059587 9/19/2016

$739.51 Admin Cell phonesE 101-41940-321 TELEPHONE 9770559140

$10.01 M2ME 101-41940-321 TELEPHONE 9770559140

$221.55 PW Cell PhonesE 101-43121-321 TELEPHONE 9770559140

$355.32 PD Cell phonesE 101-42110-321 TELEPHONE 9770559140

Total VERIZON WIRELESS $1,326.39

WACONIA FORD MERCURYPaid Chk# 059588 9/19/2016

$2,394.96 Unit 7-Exhaust/Brakes RepairsE 601-49440-404 VEHICLE & EQUIP MAINT FOCS105128

$342.27 The Works-Unit 6E 101-43121-404 VEHICLE & EQUIP MAINT FOCS105163

Total WACONIA FORD MERCURY $2,737.23

WASTE MANAGEMENTPaid Chk# 059589 9/19/2016

$9,075.50 * RecyclingE 671-43230-384 REFUSE REMOVAL 6951047-1593-

Total WASTE MANAGEMENT $9,075.50

WEIDENBACH, PAULPaid Chk# 059590 9/19/2016

$155.11 Rtn Overpayment on Clsd Acct 1245 Langewood DrR 601-400-37110 WATER SALES

Total WEIDENBACH, PAUL $155.11

WM MUELLER & SONS INC.Paid Chk# 059591 9/19/2016

$2,548.72 BlacktopE 101-43121-224 STREET MAINTENANCE SUPPL 216717

$115.06 BlacktopE 101-43121-224 STREET MAINTENANCE SUPPL 216822



Total WM MUELLER & SONS INC. $5,825.56

WSB & ASSOCIATES, INC.Paid Chk# 059592 9/19/2016

$377.50 Westwood Drive Segment Drainage ImprovE 651-49590-303 ENGINEERING SERV 1 02121-800

$582.50 * Woodland Cove AUAR UpdateG 801-1170 LAND USE RECEIVABLE 1 02121-810

$470.00 * MCES L38 Forcemain -Met CouncilG 801-1170 LAND USE RECEIVABLE 1 02121-830

$1,409.00 * Waterset Final Plat ML16029G 801-1170 LAND USE RECEIVABLE 1 02121-840

$594.63 AMS/GIS Support ServicesE 601-49440-303 ENGINEERING SERV 1 02121-850




$260.50 Lisle Park Tennis CourtE 404-45202-307 PROFESSIONAL SERVICES 17 02121-310

$804.75 Municipal Prod Wells 6 & 7E 601-49440-307 PROFESSIONAL SERVICES 18 02121-210

$220.00 Westwood Drive Drainage ImprovE 651-49590-303 ENGINEERING SERV 19 02121-420

$1,292.00 General StormwaterE 651-49590-307 PROFESSIONAL SERVICES 20 02121-250

$121.00 * Woodland Cove 2nd AdditionG 801-1170 LAND USE RECEIVABLE 24 02121-410

$1,809.00 * ML 16005 Serenity Hill on Halstead BayG 801-1170 LAND USE RECEIVABLE 3 02121-710

$242.00 * ML 14001 Red OakG 801-1170 LAND USE RECEIVABLE 30 02121-340

$6,730.00 * ML13014 Woodland CoveG 801-1170 LAND USE RECEIVABLE 37 02121-200

$331.00 * Mader Site Wetland ReviewG 801-1170 LAND USE RECEIVABLE 4 02121-510

$614.00 Enchanted Lane ReconstructionE 490-43122-303 ENGINEERING SERV 4 02121-690

$13,684.75 Lisle Parking LotE 404-45202-307 PROFESSIONAL SERVICES 4 02121-760

$655.50 Data Link MaintenanceE 101-43121-307 PROFESSIONAL SERVICES 5 02121-630

$801.75 2016 Water Supply PlanE 601-49440-303 ENGINEERING SERV 5 02121-720

$589.00 * Waterset Development ML 16014G 801-1170 LAND USE RECEIVABLE 5 02121-750

$286.00 2016 GIS ServicesE 406-43121-303 ENGINEERING SERV 5 02121-780

$3,298.00 Halstead Drive ReconstructionE 490-43122-303 ENGINEERING SERV 6 02121-640

$3,254.25 2040 Comprehensive PlanE 101-41910-303 ENGINEERING SERV 6 02121-700

$582.50 2016 Crack Fill and Seal Coat Improvement ProjectE 406-43121-303 ENGINEERING SERV 6 02121-730

$890.50 2016 Mill and Overlay Improvement ProjectE 406-43121-303 ENGINEERING SERV 6 02121-740

$500.00 General Engineering SvcsE 601-49440-307 PROFESSIONAL SERVICES 7 01741-944



Page 7

SEPTEMBER 2016




$1,000.00 General Engineering SvcsE 101-42600-303 ENGINEERING SERV 7 01741-944

$3,075.25 * 2016 WCA ServicesG 801-1170 LAND USE RECEIVABLE 7 02121-650

$5,225.00 * Bldg Permits/ReviewE 101-42401-303 ENGINEERING SERV 7 02121-660

$632.00 Water System ImprovE 491-43241-303 ENGINEERING SERV 9 02121-580

Total WSB & ASSOCIATES, INC. $53,116.25

XCEL ENERGY-MNPaid Chk# 059593 9/19/2016

$11.75 Electricity-Irrigation MeterE 101-45202-401 BLDG/STRUCT MAINTENANCE 51-001093657

$18.35 Electricity-Lift StationE 602-49490-381 ELECTRIC UTILITIES 51-001102157

$35.41 Electricity-Signal SunnyfieldE 101-43160-381 ELECTRIC UTILITIES 51-6565407-3

$158.24 Electricity-PWE 101-43121-381 ELECTRIC UTILITIES 51-6565407-3

$14.72 Electricity-Hunters TrailE 101-45202-401 BLDG/STRUCT MAINTENANCE 51-6565407-3

$1,376.14 Electricity-City HallE 101-41940-381 ELECTRIC UTILITIES 51-6565407-3

$53.40 Electricity-Well #2E 601-49440-381 ELECTRIC UTILITIES 51-9805951-5

Total XCEL ENERGY-MN $1,668.01

DELTA DENTALPaid Chk# 1000670E 9/2/2016

$306.85 Delta Dental Prem - PWE 101-43121-131 HEALTH & LIFE INS - E CONTR 6612820

$751.94 Delta Dental Prem - PDE 101-42110-131 HEALTH & LIFE INS - E CONTR 6612820




$42.00 Delta Dental Prem-PLE 101-41910-131 HEALTH & LIFE INS - E CONTR 6612820

$42.00 Delta Dental Prem-BdgE 101-42401-131 HEALTH & LIFE INS - E CONTR 6612820



$195.46 Delta Dental Prem - AdminE 101-41320-131 HEALTH & LIFE INS - E CONTR 6612820

Total DELTA DENTAL $1,783.15

AFLACPaid Chk# 1000671E 9/9/2016

$453.98 * AFLAC Supplemental Insurance Employee PaidG 101-2348 AFLAC INS

Total AFLAC $453.98

TASC FLEX SYSTEMS REIMBURSEMENPaid Chk# 1000672E 9/9/2016

$208.33 * Dependent CareG 101-2346 PR CLEARING DAYCARE FSA

tal TASC FLEX SYSTEMS REIMBURSEMEN $208.33

INTERNAL REVENUE SERVICEPaid Chk# 1000673E 9/13/2016

$8,456.53 * PR - Fed w/hG 101-2300 PAYROLL CLEARING FED W/H

$8,493.78 * PR - SS/Medicare w/hG 101-2320 PAYROLL CLEARING FICA

Total INTERNAL REVENUE SERVICE $16,950.31

MN DEPARTMENT OF REVENUEPaid Chk# 1000674E 9/13/2016

$3,506.80 * State w/hG 101-2310 PAYROLL CLEARING STATE W/H

Total MN DEPARTMENT OF REVENUE $3,506.80

PUBLIC EMPLOYEES RETIREMENTPaid Chk# 1000675E 9/13/2016

$15,846.72 * Pera w/hG 101-2330 PAYROLL CLEARING PERA

Total PUBLIC EMPLOYEES RETIREMENT $15,846.72

EDWARD JONESPaid Chk# 1000676E 9/13/2016

$1,266.69 * Deferred Comp w/hG 101-2370 PAYROLL CLEARING DEFERRED CO

Total EDWARD JONES $1,266.69

VOYAPaid Chk# 1000677E 9/13/2016

$415.00 * Deferred Comp w/hG 101-2370 PAYROLL CLEARING DEFERRED CO



Page 8

SEPTEMBER 2016


Total VOYA $415.00

OPTUMPaid Chk# 1000678E 9/13/2016

$4,271.33 HSA QuarterlyG 101-2347 HSA CLEARING ACCT

Total OPTUM $4,271.33

PSNPaid Chk# 1000679E 9/6/2016

$170.04 MONTHLY ONLINE PAYMENT FEES AUGUSTE 601-49440-307 PROFESSIONAL SERVICES 138382




Total PSN $566.79

KNUTSON CONSTRUCTION SERVICESPaid Chk# 1000680E 9/16/2016

$861,195.75 WATER TREATMENT FACILITIES SERVICESE 491-43241-530 IMPROVEMENTS PMT NO. 10

otal KNUTSON CONSTRUCTION SERVICES $861,195.75

GM CONTRACTING INCPaid Chk# 1000681E 9/16/2016

$83,691.54 2016 WATER MAIN IMPROVEMENT PROJECTE 491-43241-530 IMPROVEMENTS

Total GM CONTRACTING INC $83,691.54

ICMAPaid Chk# 1000683E 9/16/2016

$400.00 * ICMA Roth Employee ContributionsG 101-2370 PAYROLL CLEARING DEFERRED CO

Total ICMA $400.00

1010 1ST BK OF THE LAKES $1,322,865.85

Fund Summary

1010 1ST BK OF THE LAKES

101 GENERAL FUND $224,807.98

401 CAPITAL IMPROVEMENT PROGRAM $3,725.84

404 PARK DEDICATION FUND $14,108.67

406 ROAD MAINTENANCE FUND $2,446.15

490 STREET IMP CAPITAL PROJECTS $3,912.00

491 WATER IMP CAPITAL PROJECTS $945,519.29

514 MOUND FIRE IMPROVEMENT FUND $17,026.00

601 WATER FUND $17,244.39

602 SEWER FUND $35,224.11

651 STORM WATER MGMT FUND $33,581.63

671 RECYCLING FUND $9,223.04

801 LANDUSE AGENCY $16,046.75

$1,322,865.85

Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative

manner and provide opportunities for a high quality of life while protecting natural

resources and maintaining a rural character.

CITY OF MINNETRISTA

REQUEST FOR CITY COUNCIL ACTION/DISCUSSION

Subject: Westwood Drive Drainage Improvement Project, City Project 08-

15 Accept Improvements and Authorize Final Payment

Prepared By: Paul Hornby, City Engineer

Meeting Date: September 19, 2016

Issue:

The Westwood Drive Drainage Improvement Project, City Project 08-15, has been

satisfactorily completed and the contractor is requesting final payment.

Background/Discussion:

On November 2, 2015, the City of Minnetrista awarded the Westwood Drive Drainage

Improvement Project, City Project 08-15, to Sunram Construction.

All punch list items have been completed and closeout paperwork has been received from

the contractor. Acceptance of the project will start the two-year warranty period.

Conclusion:

Staff recommends that the Westwood Drive Drainage Improvement Project, City Project

08-15 be accepted and Council authorize final payment to Sunram Construction.

Fiscal Impact:

The project construction cost is in the amount of $97,606.56, and is below the contract

price including Work Order No. 1 of $104,790. This project will be paid for using the

City’s Stormwater Fund, which was budgeted for up to $130,000.00.

Recommended City Council Action: Staff recommends adopting Resolution No. 163-

16, accepting the project and making the final payment to Sunram Construction in the

amount of $22,609.63.

Does Recommended Action meet City Mission Statement? Yes No

Does Recommended Action meet City Goals/Priorities? Yes No

Explain: K:\02121-590\Admin\Docs\Accept Imps-Auth Final Payment\AGN ITM-accept project 011916-2015 Mill-Overlay Imps.docx

Item 4d

Owner: City of Minnetrista7701 County Road 110 WestMinnetrista, MN 55364-9553

Date: 8/8/2016

For Period: 3/4/2016 to 8/8/2016 Request No.: 3 & FINAL Contractor: Sunram Construction

20010 75th Avenue NorthCorcoran, MN 55340

Pay VoucherWestwood Drive Drainage Improvements

Client Contract No.: Project No.: 02121-42

Client Project No.:

Project Summary1 Original Contract Amount $97,590.00 2 Contract Changes - Addition $7,200.00 3 Contract Changes - Deduction $0.00 4 Revised Contract Amount $104,790.00 5 Value Completed to Date $97,606.56 6 Material on Hand $0.00 7 Amount Earned $97,606.56 8 Less Retainage $0.00 9 Subtotal $97,606.56

10 Less Amount Paid Previously $74,996.93 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHER NO. 3 & FINAL $22,609.63

I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER.

Recommended for Approval by: Construction Observer: WSB & Associates, Inc.

__________________________________ __________________________________

Approved by Contractor: Approved by Owner: Sunram Construction City of Minnetrista

__________________________________ __________________________________

__________________________________

Specified Contract Completion Date: Date: 6/15/2016 __________________________________

Comment:

Project Material Status

Item No.

Item Description Units Unit Price Contract Quantity

Quantity to Date

Current Quantity

Amount to Date

Westwood Drive Drainage Improvement Project and Appurtenant Work 1 2021.501 MOBILIZATION LS $6,385.00 1 1 0 $6,385.00 2 2101.511 CLEARING & GRUBBING LS $8,400.00 1 1 0 $8,400.00 3 2104.601 SALVAGE AND REINSTALL LANDSCAPE STRUCTURES LUMP SUM $2,000.00 1 1 0.5 $2,000.00 4 2104.602 SALVAGE AND REINSTALL SHORELINE PROTECTION BOULDERS L F $32.25 200 100 0 $3,225.00 5 2105.501 COMMON EXCAVATION (P) C Y $21.90 800 800 0 $17,520.00 6 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $175.00 5 0 0 $0.00 7 2505.601 UTILITY COORDINATION LUMP SUM $900.00 1 1 0 $900.00 8 2511.501 RANDOM RIPRAP CLASS II C Y $100.00 50 66.6 13.6 $6,660.00 9 2511.501 RANDOM RIPRAP CLASS III C Y $107.00 100 141.1 27.1 $15,097.70 10 2573.502 SILT FENCE, TYPE MS L F $2.50 1500 1584 0 $3,960.00 11 2573.505 FLOTATION SILT CURTAIN TYPE STILL WATER L F $17.00 150 0 0 $0.00 12 2573.530 STORM DRAIN INLET PROTECTION EACH $175.00 2 0 0 $0.00 13 2573.540 FILTER LOG TYPE WOOD FIBER BIOROLL L F $5.00 100 0 0 $0.00 14 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH $800.00 1 1 0 $800.00 15 2573.602 J HOOK VANE EACH $860.00 3 3 0 $2,580.00 16 2573.602 CROSS VANE EACH $2,200.00 4 4 0 $8,800.00 17 2573.602 ROCK STILLING BASIN EACH $2,325.00 1 1 0.1 $2,325.00 18 2574.525 COMMON TOPSOIL BORROW C Y $22.00 200 0 0 $0.00 19 2575.502 SEED MIXTURE 21-111 LB $45.00 50 50 50 $2,250.00 20 2575.502 SEED MIXTURE 25-151 LB $27.00 10 10 10 $270.00 21 2575.502 SEED MIXTURE 33-262 LB $35.25 10 10 10 $352.50 22 2575.502 SEED MIXTURE 34-261 LB $57.25 10 10 10 $572.50 23 2575.502 SEED MIXTURE 34-371 LB $100.00 10 10 10 $1,000.00 24 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 S Y $2.30 2200 2141.4 2141.4 $4,925.22 25 2575.602 SEED MIXTURE 36-711 MODIFIED LB $31.25 20 20 20 $625.00 26 2575.604 SEEDING (INCL TOPSOIL & FERT) ACRE $6,350.00 0.5 0.5 0.5 $3,175.00

Totals For Section Westwood Drive Drainage Improvement Project and Appurtenant Work: $91,822.92 Change Order 1 27 2101.511 CLEARING AND GRUBBING LUMP SUM $600.00 1 1 0 $600.00 28 2575.523 EROSION CONTROL BLANKETS CATEGORY 2 S Y $3.30 2000 1570.8 0 $5,183.64

Totals For Change Order 1: $5,783.64 Project Totals: $97,606.56

Project Payment StatusOwner: City of Minnetrista

Client Project No.: Client Contract No.:

Project No.: 02121-42Contractor: Sunram Construction

Contract ChangesNo. Type Date Description Amount CO1 Change Order 1/19/2016 Remove Erosion control and clear/grub tree $7,200.00

Change Order Totals: $7,200.00

Payment SummaryNo. From

Date To Date Payment Total

Payment Retainage Per Payment

Total Retainage

Total Payment + Retainage

Work Certified Per Payment

Total Work Certified

1 12/3/2015 1/13/2016 $66,984.97 $66,984.97 $3,525.53 $3,525.53 $70,510.50 $70,510.50 $70,510.50 2 1/14/2016 3/3/2016 $8,011.96 $74,996.93 $421.68 $3,947.21 $78,944.14 $8,433.64 $78,944.14 3 & FINAL 3/4/2016 8/8/2016 $22,609.63 $97,606.56 ($3,947.21) $0.00 $97,606.56 $18,662.42 $97,606.56

Payment Totals: $97,606.56 $0.00 $97,606.56 $97,606.56

Project SummaryMaterial On Hand: $0.00Total Payment to Date: $97,606.56 Original Contract: $97,590.00Total Retainage: $0.00 Contract Changes: $7,200.00Total Amount Earned: $97,606.56 Revised Contract: $104,790.00

O:\City Council\Council 2016\Packets\2016.09.19 Packet\Word\RESLTN-AcceptProj-091916.doc


CITY OF MINNETRISTA HENNEPIN COUNTY, MINNESOTA

A RESOLUTION ACCEPTING THE WORK AND AUTHORIZE FINAL PAYMENT WESTWOOD DRIVE DRAINAGE IMPROVEMENT PROJECT

(CITY PROJECT 08-15)

WHEREAS, pursuant to a written contract signed with the City on November 2, 2015, Sunram Construction has satisfactorily completed the Westwood Drive Drainage Improvement Project (City Project 08-15), in accordance with such contract.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Minnetrista, Minnesota, the work completed under said contract is hereby accepted and approved, and,

BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract.

This resolution was adopted by the City Council of the City of Minnetrista on the 19th day of September, 2016, by a vote of Ayes and Nays.

Lisa Whalen, Mayor

ATTEST:

Kris Linquist, City Clerk

(seal)

_____________________________________________________________________________ Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a

high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA

CONSENT ITEM

Subject: Request for Approval of a Step Increase from 2016 Step Level 3 to 2016 Step Level 4 for Nick Rettke, Public Works Maintenance Worker, effective October 1, 2016

Prepared By: Cassandra Tabor, HR/Communications Coordinator


Issue Mr. Nick Rettke is eligible to move from 2016 Step Level 3 to 2016 Step Level 4 upon completion of three years of employment and excellent job performance. Mr. Rettke is to be compensated in accordance with the current labor agreement between the City of Minnetrista and I.U.O.E. Local 49.

Background Nick Rettke began employment as a Public Works Maintenance Worker on October 1, 2013, after working exceptionally as a Seasonal employee and then as an extended seasonal during a staffing shortage in 2012-2013.

Fiscal Impact and Summary At this time, there will be a rate increase from $22.36/hr to $23.48/hr. Mr. Rettke will be eligible for his next step increase on his anniversary date of October 1, 2017, provided he is successfully making progress in all areas of the position. So far, Mr. Rettke has been a very valuable asset to the City and Public Works department, and his efforts are greatly appreciated.

Recommended City Council Action: Recommend approval of Res. No. 164-16 Step increase for Mr. Nick Rettke from 2016 Step 3 to 2016 Step 4 as Public Maintenance Worker, effective October 1, 2016

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No Explain:

Item 4e


RESOLUTION APPROVING A STEP INCREASE FOR MR. NICK RETTKE, PUBLIC WORKS MAINTENANCE WORKER, EFFECTIVE OCTOBER 1, 2016

WHEREAS, Mr. Nick Rettke is eligible for a step increase from Step 3 to Step 4 based on the successful completion of three years of employment as a full-time Public Works Maintenance Worker with the City of Minnetrista, effective October 1, 2016; and

WHEREAS, Nick Rettke successfully completed his third year of service with successful performance appraisals performed by his supervisor, Mr. Gary Peters, Public Works Superintendent; and

THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MINNETRISTA, to approve a step increase for Nick Rettke under the terms and conditions of the labor agreement between the City of Minnetrista and I.U.O.E. Local 49, effective October 1, 2016.

This resolution was adopted by the City Council of the City of Minnetrista on the 19th day of September, 2016, by a vote of ____Ayes and ____Nays.

______________________________ Lisa Whalen, Mayor

ATTEST:

_________________________________ Kris Linquist, City Clerk

(seal)

_____________________________________________________________________________

Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide

opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA

REQUEST FOR CITY COUNCIL ACTION

Subject:

Prepared By: Through:

Meeting Date:

Extension request for Joseph & Berva Bocklage for the plat of Eagle Bluff 4th Addition at 3265 Eagle Bluff Road; R-1 Low Density Single-Family Residence ZoningDistrict; PID# 27-117-24-11-0011

Nick Olson, Associate Planner David Abel, Community Development Director

September 19, 2016

Issue: Joseph & Berva Bocklage (the “Applicants”) are the owners of 3265 Eagle Bluff Road (the “Property”). The Applicants received approval for platting the Property as Eagle Bluff 4th Addition on June 20, 2016. Unable to meet the 120 day deadline, the Applicants have requested an extension until June 20, 2017 or 1 year after plat approval.

Discussion: Due to recent buyer interest in the Property as a whole and the required conditions of approval, the Applicants will not be able to meet the deadline to file the plat within 120 days of approval as set forth in resolution number 105-16. It is for these reasons that the Applicants have requested an extension until June 20, 2017, or 1 year after approval of Eagle Bluff 4th Addition. Staff feels the extension request is reasonable given the time of year and necessary corrections needed as conditioned for approval.

Recommended City Council Action: Motion to approve an extension until June 20, 2017 for the plat of Eagle Bluff 4th Addition at 3265 Eagle Bluff Road

Attachments: • Location Map• Letter from Chuck Alcon, Project Coordinator on behalf of Applicants• Res. No. 165-16 Approving Extension of Eagle Bluff 4th Addition

Item 4f

3265 Eagle Bluff Road

February 18, 2016Map Powered by DataLink from WSB & Associates

1 inch = 94 feet

September 8, 2016

City of Minnetrista

7701 County Road 110 West

Minnerista, MN. 55364

Subj: Plat Filing Extension Request for 3265 Eagle Bluff Road

1. The purpose of this correspondence, submitted on behalf of Berva and Joe Bocklage, isto request an extension of the plat filing deadline from October 18, 2016, 120 days afterplat approval by the City Council on June 20, 2016, to June 20, 2017, or 1 year after platapproval.

2. The reason for this request is that very recent buyer interest in the purchase of theproperty as a whole will take several weeks to finally conclude. In the event thisexpected purchase does not satisfactorily complete, the required actions to bring theproperty into compliance with the hardcover requirement may not be completed prior tothe onset of winter and will require construction activity next spring.

3. Any questions regarding this request may be directed to the undersigned at 621-201-7139.

Chuck Alcon, Project Coordinator

1


RESOLUTION APPROVING AN EXTENSION FOR FINAL PLAT APPROVAL OF EAGLE BLUFF 4TH ADDITION

FOR JOSEPH AND BERVA BOCKLAGE

WHEREAS, the City of Minnetrista is a municipal corporation, organized and existing under the laws of the State of Minnesota; and

WHEREAS, the City Council of the City of Minnetrista has adopted zoning and subdivision regulations, per Chapter 5 of the Municipal Code, to promote the orderly, economic and safe development and utilization of land within the city; and

WHEREAS, Joseph & Berva Bocklage (the “Applicants”) have requested an extension to the final plat approval of Eagle Bluff 4th Addition for the property generally located at 3265 Eagle Bluff Road and which is legally described as:

Lots 1 and 2, Block 1, Eagle Bluff 3rd Addition, according to the plat of record, Hennepin County, Minnesota.

WHEREAS, the City Council originally approved the final plat of Eagle Bluff 4th Addition for the Applicants on June 20, 2016;

WHEREAS, the final plat of Eagle Bluff 4th Addition was required to be filed within 120 days of approval;

WHEREAS, recent buyer interest and required conditions of approval do not allow the property to be developed in accordance with the approved plan at this time;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Minnetrista hereby approves an extension to the final plat approval for Joseph & Berva Bocklage allowing the applicants additional time, until June 20, 2017, to file the final plat.

This resolution was adopted by the City Council of the City of Minnetrista on this 19th day of September, 2016 by a vote of ___ Ayes and ___ Nays.

Lisa Whalen, Mayor ATTEST:


(SEAL)

_____________________________________________________________________________



CITY OF MINNETRISTA


Subject:


Meeting Date:

Second Home Agreement for Craig Mader at 4885 North Arm Drive; Staged Development District (SDD) Zoning District; PID# 01-117-24-41-0005

Nick Olson, Associate Planner David Abel, Community Development Director

September 19, 2016

Issue: Craig Mader (the “Applicant”) is the owner of 4885 North Arm Drive (the “Property”). On April 4, 2016, the Applicant received approval to convert the existing home on the Property into an accessory building while also constructing a new home. As a condition of approval, the Applicant was to enter into a second home agreement with the city. Included in this staff report is the second home agreement, which was drafted by the city attorney and reviewed by the Applicant.

Recommended City Council Action: Motion to approve a second home agreement for Craig Mader at 4885 North Arm Drive

Attachments: 1. Location Map2. Survey of Proposal3. Second Home Agreement

Item 4g

Hennepin County Property MapDate: 3/24/2016

Comments:

1 inch = 200 feet

PARCEL ID: 0111724410005OWNER NAME: Craig S Mader/Laura M MaderPARCEL ADDRESS: 4885 North Arm Dr, Minnetrista MN 55364PROPERTY TYPE: ResidentialHOMESTEAD: Non-HomesteadPARCEL AREA: 1.75 acres, 76,231 sq ftA-T-B: AbstractMARKET VALUE: $212,000TAX TOTAL: $2,713.72SALE PRICE: $168,000SALE DATA: 12/2011SALE CODE:

This data ( i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (ii i) is notsui tab le for legal, engineering or surveying purposes. Hennepin County shall not be l iable for any damage, in jury or loss resul ting from this data.

COPYRIGHT © HENNEPIN COUNTY 2016

AJM

JPG

AJM

Minnetrista, MN

CERTIFICATE OF SURVEY

Section 1, Township 117, Range 24

1

1

FEETSCALE

0 4080

DESCRIPTIONCHKBYDATEREV. NO.

CHECKED

DRAWN

DESIGNED

OF

SHEET

_

LEGEND

MONUMENT FOUND

IRON PIPE MONUMENT SET

WOOD HUB SET

DENOTES DRAINAGE ARROW

EXISTING SPOT ELEVATION

PROPOSED ELEVATION

AS-BUILT ELEVATION

PROPOSED CONTOURS

EXISTING CONTOURS

FIRE HYDRANT

CATCH BASIN

SEWER MANHOLES

MAILBOX

CURB STOP

UTILITY PEDESTAL

LIGHT POLE

SIGN

DECIDUOUS TREE

CONIFEROUS TREE

\\

\\

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ADDED CALLS & BUILDING INFOAJM03/03/20161

ADDED DIM. FROM BLDG. TO R/WAJM03/14/20162

486164v1 MN415-266 1

SECOND HOME AGREEMENT

THIS AGREEMENT is made this ____ day of _________________, 2016 by and between Craig S. Mader and Laura M. Mader, married to each other (“Owners”) and the city of Minnetrista (“City”), a Minnesota municipal corporation.

I. RECITALS

WHEREAS, Owners are the owners of certain property located at 4885 North Arm Drive in Minnetrista, legally described on the attached Exhibit A (the “Property”); and

WHEREAS, Owners desire to construct a house (the “House”) on the Property; and

WHEREAS, a house (the “Structure”) currently exists on the Property; and

WHEREAS, after constructing the House, Owners desire to retain the Structure on the Property and convert it for use as an accessory building; and

WHEREAS, according to Section 23-9 of the Minnetrista City Code, “no accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory”; and

WHEREAS, the City has agreed to allow the Owners to retain the Structure on the Property as an accessory building; and

WHEREAS, the Owners have agreed to remove the kitchen from the Structure and make other modifications to it so that it cannot be used as a residence and agree not to use the Structure for the purposes of operating a business on the Property; and

WHEREAS, removal of the kitchen from the Structure and the other modifications to make the Structure an accessory building for personal use only is a precondition by the City in issuance of a building permit to the Owners for the House.

486164v1 MN415-266 2

II. AGREEMENT

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree and stipulate as follows:

2.01. City agrees to:

(a) Permit the Owners to complete the renovation of the Structure to be used as anaccessory building on the Property for a personal woodworking shop and for storage.

(b) Permit the Owners to maintain and use, but not expand, the Structure as anaccessory building on the Property after construction of the House is complete.

(c) Record this Agreement with the County and Owners shall pay all costsassociated with recording.

2.02. Owners agree to:

(a) In consideration of City’s agreement under paragraphs 2.01 (a) and 2.01 (b) ofthis Agreement, Owners waive the right to litigate, appeal, or otherwise challenge City’s right to require modification of the Structure and removal of the kitchen from the Structure as a condition of issuance of the building permit for the House. Owners further agree and acknowledge that, except as expressly set forth in this Agreement, nothing in this Agreement shall constitute a waiver of any right the City has to enforce any federal, state, or local law, rule, or regulation or any other right to which City is entitled.

(b) Obtain a building permit from the City for the House no later than April 4, 2017.

(c) Modify the Structure on the Property so that it can no longer be used as aresidence. Modifications shall include, but are not necessarily limited to, the removal of the Structure’s kitchen. The Property shall not be used by the Owner, or any successor owner or occupant of the Property for more than one dwelling unit.

(d) Owners agree to devote the Structure for personal use only and not to engage inany business or commercial activity prohibited by City ordinance.

(e) Owners agree that City may withhold issuance of a certificate of occupancy forthe House until the terms of this Agreement have been satisfied.

(f) Owners agree to defend, protect, indemnify, and hold harmless City from any andall claims, litigation, causes of action, and any other obligation imposed upon or asserted against upon City, or its officers, agents, or employees arising out of this Agreement or City's exercise of its rights hereunder.

(g) Owners agree to pay to City any costs or expenses, including without limitationattorney fees, incurred by City in enforcing any provision of this Agreement.

486164v1 MN415-266 3

2.03. Nothing in this Agreement shall constitute a waiver or limitation of City’s immunities or limitations on liability as set forth in Minnesota Statutes, Chapter 466 or otherwise.

2.04. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and

(a) In the case of Owners, is addressed to or delivered personally to Owners at:

Craig S. Mader and Laura M. Mader4885 North Arm DriveMinnetrista, MN 55364

(b) in the case of City, is addressed to or delivered personally to City at:

City AdministratorMinnetrista City Hall7701 County Road 110 WMinnetrista, MN 55364-9553

or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 2.04.

2.05. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument.

2.06. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.

***************************

486164v1 MN415-266 4

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date written above.

Craig S. Mader

Laura M. Mader

STATE OF MINNESOTA ))

COUNTY OF ____________ )

The foregoing instrument was acknowledged before me this _____ day of ____________, 2016, by Craig S. Mader and Laura M. Mader, married to each other.

_____________________________________ Notary Public

486164v1 MN415-266 5

CITY OF MINNETRISTA

By: __________________________________ Lisa Whalen, Mayor

By: __________________________________ Kris Linquist, City Clerk

STATE OF MINNESOTA ))

COUNTY OF ___________ )

The foregoing instrument was acknowledged before me this _____ day of ____________, 2016 by Lisa Whalen and Kris Linquist, the Mayor and City Clerk, respectively, of City of Minnetrista, on behalf of City.

________________________________ Notary Public

This document was drafted by:

Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9260

A-1486164v1 MN415-266

EXHIBIT A

Legal Description of Property

The West 20 rods of the East 44 rods of the North 16 rods of the Northeast Quarter of the Southeast Quarter, Section 1, Township 117, Range 24, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota

_____________________________________________________________________________

Mission Statement:

The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide


CITY OF MINNETRISTA

BUSINESS / DISCUSSION ITEM

Subject: Application for a temporary

intoxicating liquor license for the Sip,

Savor and Shop fundraising event to benefit WeCAN hosted by

WeCAN and the Northwest Tonka Lions

Prepared By: Kris Linquist, City Clerk


Issue: The Sip, Savor and Shop Fundraising event to benefit WeCAN is scheduled to be held on

Saturday, October 1, 2016 from 4 p.m. – 7 p.m. at Voyageur Environmental Center

located at 7000 County Road 15. This event features Wine Tasting, Appetizers from

Local Restaurants, Silent Auction, Live Music, Vendor and Craft Shopping. A temporary

liquor license is required to conduct the event.

Background: This event is being held with the intent of fund raising for WeCAN, a non-profit

organization that provides emergency assistance to prevent homelessness, Meals on

Wheels, a Mobile Market and family support. State liquor laws require a liquor license

any time a monetary transaction takes place associated with the service of alcohol.

Temporary intoxicating liquor licenses may be issued to a club, charitable, religious or

non-profit organization that has been in existence for three or more years and all of the

board members have been found to have a good moral character and repute. They may

not have an interest in the manufacture or wholesale of alcoholic beverages and cannot

have been convicted of a felony or willful violation of federal, state or local ordinance

governing the manufacture, sale, distribution or possession for sale or distribution of

alcoholic beverages in the last five years.

Discussion:

Minnetrista City Code requires that an “opportunity shall be given to any person to be

heard for or against the granting of the license” (§1210.13). Accordingly, a public hearing

must be held for each individual application.

Notice of each public hearing was provided in accordance with statutory requirements.

Northwest Tonka Lions has applied for a One Day Temporary On-Sale Liquor License to

provide Wine tasting at the Sip, Savor and Shop Fundraising Event to be held at the

Voyageur Environmental Center to promote fund raising for WeCAN. Wine Tasting will

Item 5a

_____________________________________________________________________________

Mission Statement:



be provided from 4 p.m. – 7 p.m. on Saturday, October 1, 2016. The applicant has

submitted all required materials including the required fee and proof of insurance. The

Minnetrista Public Safety Department has conducted and the applicant has passed all

legally required background checks.

Conclusion: Staff recommends approval of this One Day Temporary On-Sale Liquor License to the

Northwest Tonka Lions in conjunction with the Sip, Savor and Shop Fundraising Event

for WeCAN being held on Saturday, October 1, 2016, at the Voyageur Environmental

Center with the following conditions:

No alcoholic beverages may be permitted on the property except those served by

the Northwest Tonka Lions.

No alcoholic beverages may leave the premises.

All servers must be a member of the Northwest Tonka Lions Club.

On-site ability to call 911 must be provided.

All federal, state and local laws must be observed.

Recommended City Council Action: Approve a one-day temporary intoxicating liquor

license to the Northwest Tonka Lions in conjunction with the Sip, Savor and Shop

Fundraising Event for WeCAN being held on Saturday, October 1, 2016 at Voyageur

Environmental Center located at 7000 County Road 15 with conditions as noted.



Explain:

This license is hereby granted for Sip, Savor and Shop, a fundraising event, to be held October 1, 2016 to:

This license is granted subject to all the provisions and conditions of the ordinances of this municipality and the laws of the State of Minnesota, and of the Federal Government pertaining to such event including: no alcoholic beverages may be permitted on the property other than those served by the Northwest Tonka Lions, no alcoholic beverages may leave the property of Voyageur Environmental Center, all federal, state and local laws must be

observed and on-site ability to call 911 must be provided at the location of the event.


Date

Date

Lisa Whalen, Mayor

N ORTHWEST TONKA L IONS F OR CONSUMPT ION ON THE PREMI S E S LOCATED AT :

V OYAGEUR E NVIRONMENTAL C ENTER ; 7000 C OUNTY ROAD 1 5 ; M INNETR I STA MN 55364

T e m p o r a r y O n e - D a y

i n t o x i c a t i n g l i q u o r l i c e n s e

Issued by the authority of the Minnetrista City Council

_____________________________________________________________________________



CITY OF MINNETRISTA


Subject:


Meeting Date:

ORDINANCE 442: An Ordinance amending Section 510.05 Floodplain Management

Nickolas Olson, Associate Planner David Abel, Community Development Director

September 19, 2016

Issue: Adoption of ordinance 442 is required in order to incorporate the Flood Insurance Study, Hennepin County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map (FIRM) panels with an effective fate of November 4, 2016.

Background: On May 9, 2016, the City of Minnetrista was notified by the Federal Emergency Management Agency (FEMA) of the final flood hazard determination for the City of Minnetrista, Hennepin County, Minnesota in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal Regulations (CFR).

The Minnesota Department of Natural Resources (DNR) followed up with this notification on May 12, 2016 in an effort to explain the requirements of the city floodplain management regulations. Staff shared the city’s current regulations with a representative of the Minnesota DNR and it was determined that the city could benefit from some reformatting and clarifications. Staff worked to make the necessary changes with guidance from the Minnesota DNR and sent a draft ordinance to the Minnesota DNR for review on July 28, 2016. Upon review, staff received conditional approval from the Minnesota DNR on August 4, 2016.

Discussion: Prior to November 4, 2016, the City of Minnetrista is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature.

Item 6a

_____________________________________________________________________________



It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIRM and FIS report to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions:

1. Amending existing regulations to incorporate any additional requirements ofParagraph 60.3(d);

2. Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive setof regulations; or

3. Showing evidence that regulations have previously been adopted that meet orexceed the minimum requirements of Paragraph 60.3(d).

Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended.

Planning Commission: On Monday August 22, 2016, the Planning Commission held a public hearing regarding the proposed ordinance. The public hearing was opened and closed with no one present to speak. After reviewing the staff report, holding a public hearing, and considering the proposed ordinance before it, the Planning Commission voted 4-0 (absent: Allen, Pettis) in favor of recommending approval of the proposed ordinance.

Conclusion: Staff has worked with the Minnesota DNR to draft an ordinance that meet the standards of Paragraph 60.3(d) of the NFIP regulations (44 CFR 59, etc.). Adoption of ordinance 442 is required to continue participating in the NFIP.

Recommended Action: Motion adopt ordinance 442 amending section 510.05 floodplain management & approve Res. No. 166-16 Authorizing publication by Title & Summary

Attachments: 1. Letter from Federal Emergency Management Agency (FEMA) dated May 4, 20162. Letter from Minnesota Department of Natural Resources (DNR) dated May 12,

20163. Letter from Minnesota Department of Natural Resources (DNR) dated August 4,

20164. Draft Ordinance 4425. Res. No. 166-16 Authorizing publication by Title & Summary

6/04/2013 revision

ORDINANCE CERTIFICATION CHECKLIST Please sign and return the checklist and all required documents to the DNR Floodplain

Program office when completed.

1. _______________ Date(s) of published hearing notice.

_______________

2. _______________ Date(s) of public hearing.

_______________

3. _______________ Date of ordinance adoption. Include 1 certified copyof the adopted ordinance text in its entirety including the signature of the chief elected official and the stamped seal of the community.

4. _______________ Date of newspaper publication of adopted ordinance. Include 1copy of affidavit of publication of the adopted ordinance. Publication of an ordinance summary is acceptable by statute.

5. _______________ Date of official filing of adopted ordinance with CountyRecorder (______ record book number and ______ page number). If filing of an adopted ordinance with the county auditor is not a standard practice, please indicate “N/A.”

6. _______________ Board of Adjustment/Appeals has been established (yes or no).

Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter and not required by statute. Please specify:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_______________________________________________ Signature of Clerk/Auditor

1

CITY OF MINNETRISTA COUNTY OF HENNEPIN STATE OF MINNESOTA

ORDINANCE NO. 442

AN ORDINANCE AMENDING THE MINNETRISTA CITY CODE BY AMENDING SECTION 510.05 FLOODPLAIN MANAGEMENT

Section 1. The City Council of the City of Minnetrista hereby amends Section 510.05 of the City Code by deleting the strikethroughs and adding the following double-underlined language:

Subdivision 1. Definitions.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Base Flood Elevation means the elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey.

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Conditional Use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

(a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists

and are compatible with the existing neighborhood. Critical Facilities means facilities necessary to a community’s public health and safety,

those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

Development means any manmade change to improved or unimproved real estate,

including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

2

Equal Degree of Encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Farm Fence means a fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d).

An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance.

Flood means 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.

Flood Frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the flood plain Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota.

Flood Insurance Rate Map (FIRM) means an official map of a community, on which the

Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

Flood plain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood. Flood plain areas within the city of Minnetrista shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH on the Flood Insurance Rate Map adopted in section 510.05 of this ordinance.

Floodproofing means a combination of structural provisions, changes, or adjustments to

properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.”

3

New Construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.

One Hundred Year Floodplain means lands inundated by the “Regional Flood” (see definition).

Principal Use or Structure means all uses or structures that are not accessory uses or structures.

Reach means 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.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

Regional Flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used on the Flood Insurance Rate Map.

Regulatory flood protection elevation (RFPE) means the regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

Repetitive Loss means flood related damages sustained by a structure on two separate

occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

4

Special Flood Hazard Area means a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.”

Start of Construction includes substantial improvement, and means the actual start of

construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in section 510.05 subd. 14 (a) and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure within any consecutive 365-day period, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

(b) Any alteration of an “historic structure,” provided that the alteration will not preclude the

structure’s continued designation as an “historic structure.” For the purpose of this section, “historic structure” shall be as defined in Code of Federal Regulations, Part 59.1. Subd. 2. Statutory authorization, findings of fact, and purpose. (a). Statutory Authorization. The Legislature of the State of Minnesota has, in

Minnesota Statutes Chapters 103F and Chapter 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F

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further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program.

(b). Statement of purpose. The purpose of this section is to maintain the community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(c). Warning of disclaimer of liability. This section does not imply that areas outside of the flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decisions lawfully made thereunder.

(d). National flood insurance program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the Community’s eligibility in the National Flood Insurance Program.

(a) Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Minnetrista, Minnesota, does ordain as follows.

(b) Purpose: (1) This ordinance regulates development in the flood hazard areas of the City of

Minnetrista. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

(2) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.

(3) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

Subd. 3. General provisions. (a). Adoption of flood insurance study and flood insurance rate map. The Flood

Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All

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Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0257E, 27053C0259E, 27053C0270E, 27053C0276E, 27053C0280E, 27053C0283E, 27053C0284E, 27053C0285E, 27053C0287E, 27053C0290E, 27053C0291E, 27053C0292E, and 27053C0295E for the city of Minnetrista, dated September 2, 2004, as developed by the Federal Emergency Management Agency, are hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this section.

(b). Lands to which section applies. This section shall apply to all lands designated as flood plain within the jurisdiction of the city. Flood plain areas within the city shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH as shown on the Flood Insurance Rate Map adopted in section 510.05 of this section.

(a) How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to the

City of Minnetrista and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain.

(1) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subd. 5 or 6 will apply, depending on the location of a property.

(2) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subd. 5 apply unless the floodway boundary is determined, according to the process outlined in Subd. 7. Once the floodway boundary is determined, the Flood Fringe District standards in Subd. 6 may apply outside the floodway.

(b) Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Minnetrista shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.

(1) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply.

(c) Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Clerk. Effective Flood Insurance Rate Map panels: 27053C0257F 27053C0280F 27053C0287F 27053C0295F 27053C0259F 27053C0283F 27053C0290F 27053C0270F 27053C0284F 27053C0291F 27053C0276F 27053C0285F 27053C0292F

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(d) Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

(e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.

(1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.

(2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Appeals and Adjustment) and to submit technical evidence.

(f) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

(g) Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Minnetrista or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(h) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.

(i) Annexations. The Flood Insurance Rate Map panels adopted by reference into Subd. 3(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Minnetrista at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Minnetrista after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation.

(j) Detachments. The Flood Insurance Rate Map panels adopted by reference into Subd. 3(c) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the City of Minnetrista after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. Subd. 4. Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the

Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the flood plain district, the zoning administrator shall make the necessary

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interpretation based on the ground elevations that existed on the site at the time the community adopted its initial floodplain regulations and the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the community shall:

(a) Require a flood plain evaluation consistent with Section 510.05, Subd. 5 of this

ordinance to determine a 100-year flood elevation for the site; or (b) Base its decision on available hydraulic/hydrologic or site elevation survey data

which demonstrates the likelihood the site is within or outside of the flood plain.

Subd. 4. Establishment of Zoning Districts. (a) Districts:

(1) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subd. 3(c). For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.

(2) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subd. 3(c), but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.

(3) General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subd. 3(c).

(b) Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subd. 5, 6, and 7 are prohibited. In addition, critical facilities, as defined in Subd. 1, are prohibited in all floodplain districts.

Subd. 5. Conflict with pre-existing zoning regulations and general compliance. (a) The flood plain district as overlay zoning district. The flood plain zoning district

shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in subsections 510.05 subd. 6 shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other legally established regulations of the community and where this section imposes greater restrictions, the provisions of this section shall apply.

(b) Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, repaired, maintained, or structurally altered without

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full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in subsection 510.05 subd. 6 shall be prohibited. In addition, a caution is provided here that:

(1) New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this section and specifically subsections 510.05 subd. 6 and 510.05 subd 15;

(2) Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically subsection 510.05 subd. 12; and

(3) As-built elevations for elevated structures must be certified by elevation surveys as stated in subsection 510.05 subd. 9.

Subd. 5. Floodway District (FW). (a) Permitted Uses: The following uses, subject to the standards set forth in Subd. 5(b),

are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck

farming, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, parking areas, and airport landing strips. (3) Open space uses, including but not limited to private and public golf courses,

tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.

(4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that

the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit.

(b) Standards for Floodway Permitted Uses: (1) The use must have a low flood damage potential. (2) The use must not obstruct flood flows or cause any increase in flood elevations

and must not involve structures, obstructions, or storage of materials or equipment.

(3) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

(c) Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Subd. 12 of this ordinance and further

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subject to the standards set forth in Subd. 5(d), if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures accessory to the uses listed in Subd. 5(a)(1) – (3) above and the uses

listed in Subd. 5(c)(2)- (3) below. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. (4) Storage yards for equipment, machinery, or materials. (5) Placement of fill or construction of fences that obstruct flood flows. Farm fences,

as defined in Subd. 1, are permitted uses. (6) Travel-ready recreational vehicles meeting the exception standards in Subd.

16(b). (7) Levees or dikes intended to protect agricultural crops for a frequency flood event

equal to or less than the 10-year frequency flood event. (d) Standards for Floodway Conditional Uses:

(1) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.

(2) Fill; Storage of Materials and Equipment: (i) The storage or processing of materials that are, in time of flooding,

flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(ii) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

(iii) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

(3) Accessory Structures. Accessory structures, as identified in Subd. 5(c)(1), may be permitted, provided that:

(i) structures are not intended for human habitation; (ii) structures will have a low flood damage potential;

(iii) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters;

(iv) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed;

(v) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.

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(vi) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

(4) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245.

(5) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

Subd. 6. Permitted uses, standards, and floodplain evaluation criteria. (a) Permitted uses in the flood plain. The following uses of land are permitted uses in

the flood plain district:

(1) Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.

(2) Any use of land involving the construction of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure (including a fence) or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in subection 510.05, subd. 6 (b) and the flood plain evaluation criteria in subection 510.05, subd. 6 (c) for determining floodway and flood fringe boundaries.

(3) Recreational vehicles are regulated by subsection 510.05 subd. 15

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(b) Standards for flood plain permitted uses.

(1) 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.

(2) Storage of materials and equipment:

(i) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(ii) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.

(3) No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.

(4) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon.

(5) All uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board of Adjustment shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.

(6) Commercial and manufacturing 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

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inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

(7) On-site sewage treatment and water supply systems. Where public utilities are not provided:

(i) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

(ii) 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.

(8) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(c) Flood plain evaluation.

(1) Upon receipt of an application for a permit for a use or other approval within the flood plain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe.

(i) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

(ii) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.

(iii) Photographs showing existing land uses, vegetation upstream and downstream, and soil types.

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(iv) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

(2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources’ Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:

(i) Estimate the peak discharge of the regional flood.

(ii) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

(iii) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

(3) The zoning administrator shall present the technical evaluation and findings of the

designated engineer or expert to the governing body. The governing body must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The governing body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the planning commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the governing body shall refer the matter back to the zoning administrator who shall process the permit application consistent with the applicable provisions of this ordinance.

Subd. 6. Flood Fringe District (FF).

(a) Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subd. 6(b). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.

(b) Standards for Flood Fringe Permitted Uses:

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(1) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.

(2) Accessory Structures. As an alternative to the fill requirements of Subd. 6(b)(1), structures accessory to the uses identified in Subd. 6(a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that:

(i) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.

(ii) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation

(iii) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

(3) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subd. 6(b)(1) of this ordinance, or if allowed as a conditional use under Subd. 6(c)(3) below.

(4) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.

(5) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.

(6) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(7) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

(8) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council.

(9) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any

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facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

(10) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.

(11) Manufactured homes and recreational vehicles must meet the standards of Subd. 16 of this ordinance.

(c) Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subd. 12 of this ordinance.

(1) Any structure that is not elevated on fill or floodproofed in accordance with Subd. 6(b)(1) – (2) of this ordinance.

(2) Storage of any material or equipment below the regulatory flood protection elevation.

(3) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subd. 6(b)(1) of this ordinance.

(4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Subd. 6(d)(6).

(d) Standards for Flood Fringe Conditional Uses: (1) The standards listed in Subd. 6(b)(4) – (10) apply to all conditional uses. (2) Basements, as defined by Subd. 1 of this ordinance, are subject to the following:

(i) Residential basement construction is not allowed below the regulatory flood protection elevation.

(ii) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subd. 6(d)(3) of this ordinance.

(3) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(4) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

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(i) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.

(ii) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.

(iii) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

(5) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.

(6) 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. 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) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

(i) Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer 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.

(ii) 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:

a. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic 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 without any form of human intervention; and

b. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

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Subd. 7. General Floodplain District (GF). (a) Permitted Uses:

(1) The uses listed in Subd. 5(a) of this ordinance, Floodway District Permitted Uses, are permitted uses.

(2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subd. 7(b) below. Subd. 5 applies if the proposed use is determined to be in the Floodway District. Subd. 6 applies if the proposed use is determined to be in the Flood Fringe District.

(b) Procedures for Floodway and Flood Fringe Determinations: (1) Upon receipt of an application for a permit or other approval within the

General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.

(2) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 7(b)(3) below.

(3) The determination of floodway and flood fringe must include the following components, as applicable:

(i) Estimate the peak discharge of the regional (1% chance) flood. (ii) Calculate the water surface profile of the regional flood based upon a

hydraulic analysis of the stream channel and overbank areas. (iii) Compute the floodway necessary to convey or store the regional flood

without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.

(4) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.

(5) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Subd. 5 and 6 of this ordinance.

Subd. 7. Utilities, railroads, and bridges in the floodplain district. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall

be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000 - 6120.6200.

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Subd. 8. Public Utilities, Railroads, Roads, and Bridges. (a) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water

supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.

(b) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subd. 5 and 6 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these 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 the public health or safety.

(c) On-site Water Supply and Sewage Treatment 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 are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; 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, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.

Subd. 8. Subdivisions (a) No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the city council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The city council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.

(b) In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in subsection 510.05, Subd. 6 (c). The zoning administrator shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in subsections 510.05, subd. 6, and 510.05 subd.7.

(c) For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(d) Removal of special flood hazard area designation. 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

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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.

Subd. 9. Land Development Standards Recognizing that flood prone areas may exist outside of the designated floodplain

districts, the requirements of this section apply to all land within the City of Minnetrista.

(a) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.

(1) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.

(2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

(3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

(4) In the General Floodplain District, applicants must provide the information required in Subd. 7(b) of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

(5) If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:

(i) All such proposals are consistent with the need to minimize flood damage within the flood prone area,

(ii) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and

(iii) Adequate drainage is provided to reduce exposure of flood hazard. (b) Building Sites. If a proposed building site is in a flood prone area, all new construction

and substantial improvements (including the placement of manufactured homes) must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse,

or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2) Constructed with materials and utility equipment resistant to flood damage; (3) Constructed by methods and practices that minimize flood damage; and

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(4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Subd. 9. Administration.

(a) Permit required. A permit issued by the city council/building inspector shall

be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building or structure or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system, prior to the change or extension of a nonconforming use, prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain.

(b) State and federal permits. Prior to granting a permit or processing an

application for a variance, the zoning administrator shall determine that the applicant has obtained all necessary state and federal permits.

(c) Certification of lowest floor elevations. The applicant shall be required to

submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. The building inspector and zoning administrator shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district.

(d) Notifications for watercourse alterations. The zoning administrator shall

notify, in riverine situations, adjacent communities and the commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(e) Notification to FEMA when physical changes increase or decrease the 100-

year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

Subd. 10. Administration. The Zoning Administrator or other official designated by the City Council must

administer and enforce this ordinance.

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Permit Requirements:

(a) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:

(1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance.

(2) The use or change of use of a building, structure, or land. (3) The construction of a dam, fence, or on-site septic system, although a permit is

not required for a farm fence as defined in this ordinance. (4) The change or extension of a nonconforming use. (5) The repair of a structure that has been damaged by flood, fire, tornado, or any

other source. (6) The placement of fill, excavation of materials, or the storage of materials or

equipment within the floodplain. (7) Relocation or alteration of a watercourse (including new or replacement culverts

and bridges), unless a public waters work permit has been applied for. (8) Any other type of “development” as defined in this ordinance.

(b) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:

(1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.

(2) Location of fill or storage of materials in relation to the stream channel. (3) Copies of any required municipal, county, state or federal permits or approvals. (4) Other relevant information requested by the Zoning Administrator as necessary to

properly evaluate the permit application. (c) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No

building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance.

(d) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect.

(e) Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.

(f) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota

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Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(g) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

Subd. 10. Variances.

(a) A variance means a modification of a specific permitted development standard

required in an official control including this section to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation and this ordinance.

(b) The Board of Adjustment may authorize upon appeal in specific cases such

relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this section, any other zoning regulations of the community, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2) Variances shall only be issued by a community upon:

(i) a showing of good and sufficient cause,

(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and

(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

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(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c) Variances from the provisions of this section may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.

(d) The Board of Adjustment shall submit by mail to the commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the commissioner of Natural Resources within 10 days of such action.

(e) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this community's official controls and also Minnesota Statutes.

(f) Flood insurance notice and record keeping. The zoning administrator shall notify the applicant for a variance that:

(1) The issuance of a variance to construct a structure below the base flood level 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 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. This community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.

Subd. 11. Variances. (a) Variance Applications. An application for a variance to the provisions of this ordinance

will be processed and reviewed in accordance with applicable state statutes and Section 505.05 Subd. 9 of the zoning ordinance/code.

(b) Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

(c) Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

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(1) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level 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 base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

(e) General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:

(1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

(2) The danger that materials may be swept onto other lands or downstream to the injury of others;

(3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

(4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

(5) The importance of the services to be provided by the proposed use to the community;

(6) The requirements of the facility for a waterfront location; (7) The availability of viable alternative locations for the proposed use that are not

subject to flooding; (8) The compatibility of the proposed use with existing development and

development anticipated in the foreseeable future; (9) The relationship of the proposed use to the Comprehensive Land Use Plan and

flood plain management program for the area; (10) The safety of access to the property in times of flood for ordinary and emergency

vehicles; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the

flood waters expected at the site. (f) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The

Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

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(g) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(h) Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

Subd. 12. Conditional Uses.

(a) Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 505.05 Subd. 7 of the zoning ordinance/code.

(b) Factors Used in Decision-Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Subd. 11(e) of this ordinance.

(c) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:

(1) Modifications of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifications, compensatory storage,

dikes, levees, and other protective measures. (5) Floodproofing measures, in accordance with the State Building Code and this

ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(d) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(e) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd 11. Nonconformities. A structure or the use of a structure or premises which was lawful before the adoption or

amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in Code of Federal Regulations, Part 59.1, shall be subject to the provisions of clauses (a), (b), (c), and (d) of this subsection.

(a) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

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(b) A structural alteration within the inside dimensions of a nonconforming use or

structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with subsection 510.05, subd. 6 b(v).

(c) The cost of all structural alterations or additions both inside and outside of a

structure 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 the adoption of the community's initial flood plain controls 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 subsection 510.05 subd. 6 for new structures.

(d) If any nonconforming use of a structure or land or nonconforming structure is

substantially damaged, as defined by section 510.05, it shall not be reconstructed except in conformity with the provisions of this section. The city council may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this section.

(e) If a substantial improvement occurs, as defined in section 510.05, from any

combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by clause (b) above) and the existing nonconforming building must meet the requirements of subsection 510.05 subd. 6 for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively.

Subd 13. Nonconformities.

(a) Continuance of Nonconformities. A use, structure, or occupancy of land 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. Historic structures, as defined in Subd. 1 of this ordinance, are subject to the provisions of Subd. 13(a)(1) – (7) of this ordinance.

(1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subd. 13(b) below.

(2) Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

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(3) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 13(a)(4) – (8) below.

(4) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subd. 5 or 6 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.

(5) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.

(6) If any nonconformity is substantially damaged, as defined in Subd. 1 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subd. 5 or 6 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

(7) If any nonconforming use or structure experiences a repetitive loss, as defined in Subd. 1 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.

(8) Any substantial improvement, as defined in Subd. 1 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subd. 5 or 6 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

Subd. 12. Penalties for violation. A violation of the provisions of this section or failure to comply with any of its

requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor.

(a) In responding to a suspected violation, the zoning administrator may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

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(b) When a violation is either discovered by or brought to the attention of the zoning administrator, the zoning administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible.

(c) The zoning administrator shall notify the suspected party of the requirements of

this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use are under construction or development, the zoning administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the zoning administrator may either:

(1) issue an order identifying the corrective actions that must be made within

a specified time period to bring the use or structure into compliance with the official controls, or

(2) notify the responsible party to apply for an after-the-fact

permit/development approval within a specified period of time not to exceed 30-days.

(d) If the responsible party does not appropriately respond to the zoning administrator

within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The zoning administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition that existed prior to the violation of this section.

Subd. 14. Penalties for violation. (a) Violation Constitutes a Misdemeanor. Violation of the provisions of this ordinance

or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.

(b) Other Lawful Action. Nothing in this ordinance restricts the City of Minnetrista from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.

(c) Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Chapter 15 of Minnetrista City Code. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for

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corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Minnetrista must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

Subd 13. Amendments. All amendments to this section, including revisions to the official flood plain zoning

district map, shall be submitted to and approved by the commissioner of Natural Resources prior to adoption. The flood plain designation on the official flood plain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Changes in the official zoning map 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 this section and said notice shall include a draft of the ordinance amendment or technical study under consideration.

Subd 15. Amendments.

(a) Floodplain Designation – Restrictions on Removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.

(b) Amendments Require DNR Approval. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.

(c) Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subd. 3(c) of this ordinance.

Subd. 14. Travel trailers and travel vehicles.

Recreational vehicles that do not meet the exemption criteria specified in subdivision 1

below shall be subject to the provisions of this section and as specifically spelled out below.

(a) Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in subdivision 2 below and further they meet the following criteria:

(1) Have current licenses required for highway use.

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(2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it.

(3) The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

(b) Areas exempted for placement of recreational vehicles.

(1) Individual lots or parcels of record. (2) Existing commercial recreational vehicle parks or campgrounds.

(3) Existing condominium type associations.

(c) Recreational vehicles exempted in subdivision 14 (a) above lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in subsection 510.05 subd. 5. There shall be no development or improvement on the parcel or attachment to the recreation vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.

(d) New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:

(1) Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of subsection 510.05, subdivision 5 (c) and proper elevated road access to the site exist in accordance with subsection 510.05 subdivision 5. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.

(2) All new or replacement recreational vehicles not meeting the criteria of subsection 510.05, subd. 13 (d) 1 may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate that the provisions of subsection 510.05 subd. 13, (a) 1 and

32

2 will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with subsection 510.05 subdivision 5 (b) 7.

Subd. 16. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles.

(a) Manufactured Homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply:

(1) Placement or replacement of manufactured home units is prohibited in the Floodway District.

(2) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subd. 6 of this ordinance and the following standards.

(i) New and replacement manufactured homes must be elevated in compliance with Subd. 6 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(ii) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Subd. 9(a)(2).

(b) Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance.

(1) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Subd. 16(b)(2):

(i) Individual lots or parcels of record. (ii) Existing commercial recreational vehicle parks or campgrounds.

(iii) Existing condominium-type associations. (2) Criteria for Exempt Recreational Vehicles:

(i) The vehicle must have a current license required for highway use. (ii) The vehicle must be highway ready, meaning on wheels or the internal

jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

(iii) No permanent structural type additions may be attached to the vehicle. (iv) The vehicle and associated use must be permissible in any pre-existing,

underlying zoning district. (v) Accessory structures are not permitted within the Floodway District. Any

accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Subd. 16(b)(2).

33

(vi) An accessory structure must constitute a minimal investment(3) Recreational vehicles that are exempt in Subd. 16(b)(2) lose this exemption when

development occurs on the site that exceeds a minimal investment for anaccessory structure such as a garage or storage building. The recreational vehicleand all accessory structures will then be treated as new structures subject to theelevation and floodproofing requirements of Subd. 6 of this ordinance. Nodevelopment or improvement on the parcel or attachment to the recreationalvehicle is allowed that would hinder the removal of the vehicle should floodingoccur.

Section 2. Effective Date.

This ordinance shall take effect upon its adoption and publication.

Adopted this ____ day of ______________, 2016 by a vote of ___ ayes and ___ nays.

Lisa Whalen, Mayor

Attest:

_____________________________________ Kris Linquist, City Clerk

1

CITY OF MINNETRISTA COUNTY OF HENNEPIN STATE OF MINNESOTA


RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 442 BY TITLE AND SUMMARY

WHEREAS, the city council of the city of Minnetrista has adopted Ordinance No. 442, an ordinance amending Chapter 5, Section 510.05 Floodplain Management of the Minnetrista city code; and

WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and

WHEREAS, the city council believes that the below summary would clearly inform the public of the intent and effect of Ordinance No. 442.

NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Minnetrista that the City Clerk shall cause the following summary of Ordinance No. 442 to be published in the official newspaper in lieu of the entire ordinance:

Public Notice

The city council of the city of Minnetrista has adopted Ordinance No. 442 amending Chapter 5, Section 510.05 Floodplain Management of Minnetrista City Code. The purpose of this ordinance is to update the city’s floodplain management regulations to meet current standards and to allow the city to continue participating in the National Flood Insurance Program.


BE IT FURTHER RESOLVED by the city council of the city of Minnetrista that the City Clerk keep a copy of the ordinance in their office at city hall for public inspection and post a copy in a public place within the city.

This resolution was adopted by the city council of the city of Minnetrista this 19th day of September, 2016, by a vote of ___ ayes and ___ nays.

____________________________________ Lisa Whalen, Mayor

ATTEST:

_______________________________ Kris Linquist, City Clerk

Mission Statement:




CITY OF MINNETRISTA

REQUEST FOR CITY COUNCIL ACTION/DISCUSSION

Subject: Order Improvements, Authorize Preparation of Plans and

Specifications, and Approve Professional Services Agreement for the

Halstead Drive Street Improvement Project (City Project 01-16)

Prepared By: Paul Hornby, City Engineer


Issue:

Order improvements, authorize preparation of plans and specifications, and authorize a

professional services agreement for the Halstead Drive Street Improvement Project.

Background/Discussion:

The City has prioritized Halstead Drive from Highland Drive to just west of Lakeside Drive,

Farmhill Drive, and Farmhill Circle for improvement in the 2017 Capital Improvement Plan.

Halstead Drive is currently aggregate surfaced consisting of a layer of bituminous millings

that has created maintenance issues for Public Works. Farmhill Drive and Farmhill Circle are

currently bituminous surfaced and have deteriorated beyond regular routine maintenance.

The project feasibility report was presented to the City on July 18, 2016 and accepted by the

Council.

At the regularly scheduled meeting of the City Council on July 18, 2016, the City

Council passed Resolution 137-16, Receiving the Feasibility Report and Calling for

Hearing on Improvements for the proposed Halstead Drive Street Improvement Project,

City Project 01-16.

A Public Hearing on the proposed improvement was held on September 6, 2016. Notices

of the Public Hearing were sent to benefitting property owners in accordance with MS

Chapter 429. The public hearing was held to allow interested persons to voice their

opinions of the proposed improvements, whether or not they are in the proposed

assessment area.

The improvements described in the Feasibility Report are necessary, cost effective, and

feasible and will result in benefit to the properties proposed to be assessed. The

Feasibility Report is included in the City Council documents for your reference.

WSB proposes to prepare Construction Bid Documents including plans, specifications,

bidding services, wetland delineation, wetland permitting, and watershed permitting, as

proposed for $292,000 as outlined in the attached proposal. Upon completion of plans and

Item 6b

Mission Statement:




specifications, WSB will provide a professional services proposal for construction related

services for City Council consideration.

Recommendation: Staff recommends the City Council approve the attached resolution ordering the project,

authorizing the preparation of plans and specifications, and approving a professional services

agreement with WSB and Associates for the preparation of construction bid documents as

described for the Halstead Drive Street Improvement Project.

Fiscal Impact:

The total estimate of probable project costs is in the amount of $3,606,000 funded

through City Capital Improvement funds (Public Improvement Bonds), Municipal State

Aid funds and Special Assessments to benefitting properties.

Street Improvements Total - $3,606,000

Municipal State Aid funds $1,302,800

Assessments $ 724,500

Public Improvement Bonds $1,578,700

Recommended City Council Action: Staff recommends adopting Resolution No. 167-16,

ordering the project, authorizing the preparation plans and specifications, and approving a

professional services agreement with WSB and Associates, Inc. for the Halstead Drive Street

Improvement Project.



Explain: K:\02121-640\Admin\Docs\Council Report\Final Design\Order Project and Authorize Preparation of Plans and Specs.docx

O:\City Council\Council 2016\Packets\2016.09.19 Packet\Word\RESLTN-Order Project and Authorize Plans and Specs 091916.doc


CITY OF MINNETRISTA

HENNEPIN COUNTY, MINNESOTA

RESOLUTION ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF

PLANS AND SPECIFICATIONS, AND APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH WSB & ASSOCIATES, INC. FOR THE HALSTEAD DRIVE

STREET IMPROVEMENT PROJECT

(CITY PROJECT NO. 01-16)

WHEREAS, a resolution of the City Council adopted the 18th day of July, 2016, fixed a date for a council hearing on Improvement No. 01-16, the proposed improvement to construct street improvements on Halstead Drive, Farmhill Drive, and Farmhill Circle as part of the Halstead Drive Street Improvement Project, pursuant to Minnesota Statutes Chapters 429.011 to 429.111, and

WHEREAS, it is proposed to reconstruct Halstead Drive from Highland Road to approximately 200 feet west of Lakeside Drive including replacement of existing storm sewer crossings and installation of new water services, and

WHEREAS, it is proposed to rehabilitate the bituminous pavement on Farmhill Drive and Farmhill Circle by reclamation and new bituminous pavement construction on the roadways, and

WHEREAS, it is proposed to authorize preparation of plans and specifications for the Halstead Drive Street Improvement Project, and

WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing was given, and the hearing was held thereon on the 6th day of September, 2016, at which all persons desiring to be heard were given an opportunity to be heard thereon,

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

MINNETRISTA, MINNESOTA:

1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report.

2. Such improvement is hereby ordered as proposed in the council resolution adopted the 19th day of September, 2016.

3. The Project is in conformity with the Minnetrista Comprehensive Plan and Capital Improvement Plan which have been adopted in accordance with the requirements of Minnesota Statutes Chapter 462.

O:\City Council\Council 2016\Packets\2016.09.19 Packet\Word\RESLTN-Order Project and Authorize Plans and Specs 091916.doc

4. The preparation of plans and specifications for the Halstead Drive Street Improvement Project is authorized.

5. WSB is hereby designated as the engineer for this improvement. The engineer

shall prepare plans and specifications for the making of such improvement.

BE IT FURTHER RESOLVED by the City Council of Minnetrista that an agreement has been made between the City and WSB & Associates, Inc. to provide professional services for the Halstead Drive Street Improvement Project.

This resolution was adopted by the City Council of the City of Minnetrista on the 19th day of September, 2016, by a vote of Ayes and Nays.

Lisa Whalen, Mayor ATTEST: Kris Linquist, City Clerk (seal)

Building a legacy – your legacy. 477 Temperance Street St. Paul, MN 55101 Tel: 651-286-8450 Fax: 651-286-8488

Equal Opportunity Employer wsbeng.com K:\02121-640\Admin\Docs\Proposal\Final Design\Letter Proposal Professional Services 090816.docx

September 19, 2016 Honorable Mayor and City Council Members City of Minnetrista 7701 County Road 110 West Minnetrista, MN 55364 Re: Proposal for Professional Services

Halstead Drive Street Improvement Project WSB Project No. 2121-64 Dear Honorable Mayor and Council Members: WSB & Associates, Inc. is pleased to provide you with our amended proposal for the preparation of construction documents and bidding services for the Halstead Drive Street Improvement Project.

Project Understanding The City has prioritized Halstead Drive from Highland Drive to just west of Lakeside Drive, Farmhill Drive, and Farmhill Circle for improvement in the 2017 Capital Improvement Plan. Halstead Drive is currently aggregate surfaced consisting of a layer of bituminous millings that has created maintenance issues for Public Works. Farmhill Drive an Farmhill Circle are currently bituminous surfaced and have deteriorated beyond regular routine maintenance. The project feasibility report was presented to the City on July 18, 2016 and accepted by the Council. Improvements to Halstead Drive involves reconstructing the roadway to State Aid standards, replacement of existing storm sewer crossings to improve area drainage, and installation of new water services to the right-of-way limits to service properties along new City trunk water main. Improvements along Farmhill Drive and Farmhill Circle include bituminous pavement reclamation. Proposed Services Preparation of Plans and Specifications & Bidding Services: Project management and coordination/meetings with City staff and the City Council. Coordinate construction of the proposed project with private utility companies located in

the improvement corridor. This coordination will include providing drawings to any affected utility companies and hosting an on-site utility relocation meeting to determine what utilities, if any, will require relocation.

Complete a topographic survey to identify surficial information/landmarks, existing grades, property corners/lines, public/private utility locations.

Complete a geotechnical evaluation (soil borings and report) to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact, and provide recommendations for the design and construction.

Halstead Drive Street Improvement Project - Professional Services Proposal September 19, 2016 Page 2

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Prepare final project and construction schedule. Prepare and submit requisite agency permits identified in the project feasibility report. Preparation of estimated quantities and detailed engineer’s opinion of probable

construction cost as it relates to the work outlined in our scope of services. Prepare final plans, project specific specifications, contract documents, and bidding forms.

Specifications will be in accordance with the City of Minnetrista and MnDOT standardspecifications. Plans will be prepared to MnDOT State Aid standards to allow the City useof MSA funding.

Coordinate project advertisement. We will distribute plans and specifications to thecontractors, as well as any needed addenda. We will also attend the bid opening at CityHall, prepare a tabulation of bids, and bid results letter for City Council consideration ofaward.

Prepare a report for delineation approval of the Minnehaha Creek Watershed District(MCWD) Technical Evaluation Panel based on the delineation of wetlands in the projectconstruction limits completed during the feasibility phase.

Preparation of a wetland impact and replacement plan for watershed permitting.

Right-of-Way Acquisition Services: WSB will provide as-needed right of way acquisition services including: negotiator’s log and

parcel file, Early Notification letter; site visit with owners and appraiser, field titleinvestigation and reporting, Offer to Purchase, negotiation, settlement (if appropriate),payment request. This task also includes coordination with the City Attorney, who willprovide the easement documents and other required legal documents and lender consents.WSB can draft these if the City attorney provides a template and reviews the final version.

Complete base mapping (spotting of title work provided by the City Attorney), metes andbounds legal descriptions, parcel sketches, and staking of easements, once, for appraiserviewing.

WSB will assist the City in securing an appropriately qualified appraiser and a review appraiserto contract with the City. Appraisal fees are not included in this proposal.

Right of way services assumptions:o The City Attorney will provide legal documents such as easements, consents,

disclaimers, certificates, etc. as required.o The City will provide review of permits request and issue permits, as appropriate.o The City will determine the type of title research that meets their needs and obtain

title research, title commitments, and insurance as the City determines is necessary.o The City or City Attorney will record the documents. This can be provided by WSB for

a nominal additional fee.o The City Attorney will provide all eminent domain tasks, if needed. WSB assistance

would be limited to providing all data, summaries, correspondence, and input relatedto why agreement could not be reached with the landowner(s).

o The City will provide tax forms (1099’s), as required.o The City will draft resolutions as needed and present to council.

Halstead Drive Street Improvement Project - Professional Services Proposal September 19, 2016 Page 3

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We are proposing to complete the work on a cost-reimbursable basis in accordance with our current fee schedule.

Proposed Fee We are proposing to complete the work on a cost-reimbursable basis in accordance with our current fee schedule.

Estimated fees for: Preparation of Plans, Specifications and Bidding Services $245,000 Geotechnical Report $ 10,100 Topographic Survey $ 9,800 Right-of-Way Acquisition (if necessary) $ 27,100 Total Fee In the Amount of $292,000

Estimated fees for Preparation of Plans and Specifications, As Needed Right of Way Acquisition, and Bidding Services Fees are in the amount of $292,000. The estimated design fees are within the indirect costs identified in the feasibility report.

Thank you for this opportunity to provide professional consulting services to the City of Minnetrista. If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed.

Please do not hesitate to contact me if you have any questions. Thank you.

Sincerely,

WSB & Associates, Inc.

Nick Guilliams, PE Senior Project Manager

PROPOSAL FOR:

Preparation of Bid Documents and Bidding Services – Halstead Drive Street Improvement Project.

ACCEPTED BY: City of Minnetrista, MN

Name

Title

Date

Mayor

September 19, 2016

Attest:_______________________________Kris Linquist, City Clerk

_____________________________________________________________________________

Mission Statement:



CITY OF MINNETRISTA


Subject: Resolution Approving the Conditional Offer of Employment for

Jesse Szykulski as Building Official

Prepared By: Cassandra Tabor, HR/Communications Coordinator


Issue

The City Council is being asked to approve a resolution for a conditional offer of employment for

Mr. Jesse Szykulski as the Building Official for the City of Minnetrista. This position is being

filled do to the resignation of former Building Official Jessica Archer.

Background

The process to hire a Building Official began with advertising for the position, which closed on

August 19, 2016, and was extended to August 26, 2016 to encourage additional applicants. Seven

(7) applications were received and City Staff decided to interview five (5) applicants. Two panel

interviews took place on Wednesday, September 7, 2016. City Staff considered three (3)

applicants, with Mr. Jesse Szykulski emerging as the choice for hire.

The final steps in the process included a review of driving record and criminal history (all

performed by the Minnetrista Police); plus checking references.

The Personnel Committee [City Administrator Michael Barone, HR/Communications

Coordinator Cassandra Tabor, Finance Director Brian Grimm, Mayor Lisa Whalen and Council

Member Patricia Thoele] met on September 15, 2016 and recommends the hiring of Mr. Jesse

Szykulski, with the terms of the employment offered as outlined in the attached conditional offer

letter. We look forward to Mr. Szykulski joining our staff at the City of Minnetrista in the next

few weeks.

Recommended City Council Action: The Personnel Committee recommends approval of the

conditional offer of employment resolution for Mr. Jesse Szykulski as the Building Official with

the City of Minnetrista, with an expected start date of October 10, 2016.



Explain:

Item 6c


RESOLUTION APPROVING THE CONDITION OFFER OF EMPLOYMENT FOR JESSE SZYKULSKI AS BUILDING OFFICIAL

WITH THE CITY OF MINNETRISTA

WHEREAS, the position opening for a Building Official was created when former

Building Official Jessica Archer resigned to relocate out of state, and;

WHEREAS, after the staffing process was conducted, including two panel interviews, a

check of both criminal history and driving record checks performed, and reference

checks; the recommendation of the Personnel Committee is to give a conditional offer of

employment to Mr. Jesse Szykulski to be the Building Official for the City of

Minnetrista, and;

THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF

MINNETRISTA, that the conditional offer of employment be approved for Mr. Jesse

Szykulski; and be it further resolved that the City Council approve the terms and

conditions of this job offer as outlined in the conditional job offer letter included with this

agenda item.

This resolution was adopted by the City Council of the City of Minnetrista on the 19th

day of September, 2016, by a vote of ____Ayes and ____Nays.

______________________________

Lisa Whalen, Mayor

ATTEST:

_________________________________


(seal)

_____________________________________________________________________________ Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a

high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA


Subject:

Prepared By:

Meeting Date:

Summary of Closed Session in accordance with MN Statutes § 13D.05 subd. 3a for Monty Weiland’s Employee Performance Evaluation Review

Michael Barone, City Administrator

September 19, 2016

Purpose of Closed Session The City Council and selected key city and legal staff members met in closed session on Tuesday, September 6, 2016, in accordance with MN Statutes § 13D.05 subd. 3a for the purposes of discussing Monty Weiland’s employee performance evaluation review.

Discussion In attendance at the closed session were all five Minnetrista elected officials (Mayor Whalen, Council members Vanderlinde, Thoele, Mortenson, and Christians), and City Administrator Michael Barone, HR/Communications Coordinator Cassandra Tabor, City Clerk Kris Linquist, Finance Director Brian Grimm, and City Attorney Andrew Biggerstaff.

The Council discussed Mr. Weiland’s performance as a public works employee. Based on information provided to the Council, it concluded that Mr. Weiland can no longer physically perform the essential functions of his public works position and that there is no information indicating that he will be able to do so in the near future.

As a result, the Council also considered whether it would continue to extend Mr. Weiland’s light duty assignment, which has been ongoing for approximately the last two years. Ultimately, the Council determined that continuing to extend Mr. Weiland’s light duty assignment imposed an unreasonable hardship on the City because of the uncertainty around how long Mr. Weiland will be subject to restrictions.

Therefore, the Council directed staff to prepare and offer a separation agreement to Mr. Weiland.

Recommended City Council Action: No action needed. City staff will be responding to the City Council at a future Council meeting date on this issue.

Does Recommended Action meet City Mission Statement? Yes No Does Recommended Action meet City Goals/Priorities? Yes No

Explain:

Item 6d

CITY COUNCIL MEETING AGENDA September 19, 2016 7:00pm...2016/09/19 · O:\City Council\Council...

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