HomeMy WebLinkAbout2004-17 09-02 APSTATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
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City of Brooklyn Center
(Official Publication)
City of Brooklyn Center
NOTICE OF ORDINANCE ADOPTION
ORDINANCE NO. 2004 -17
INTERIM EMERGENCY ORDINANCE REGARD-
ING DEVELOPMENT IN THE CITY'S FLOOD
PLAIN AREA ESTABLISHING A MORATORIUM
TO ENACT REQUIRED OFFICIAL CONTROLS
THE COUNCIL OF THE CITY OF BROOKLYN CEN-
TER ORDAINS AS FOLLOWS:
Section 1. Background.
1.01. The City wishes to temporarily prevent develop-
ment in the City's floodplain area until it has an op-
portunity to revise its official controls required by the
state and federal government.
1.02. The City wishes to maintain its eligibility in the
National Flood Insurance Program, which requires
participating communities to adopt and enforce flood
plain management regulations meeting minimum fed-
eral and state requirements in return for federally
backed flood insurance being made available through-
out the community.
1.03. The City of Brooklyn Center voluntarily partici-
pates in the National Flood Insurance Program.
1.04. Minnesota Statutes, Section 462.355, Subd 4 al-
lows the City to adopt an interim ordinance for the
purpose of protecting the planning /zoning control
process and the health, safety and welfare of the citi-
zens.
1.05. City Charter section 3.06 authorizes the Council
to adopt emergency ordinances.
Section 2. Findings.
2.01. The City Council finds it necessary to have an op-
portunity to review and amend its official controls as
they relate to land use development within certain
areas of the community prior to the time it must make
decisions on development within those areas.
2.02. The City Council finds that the adoption of an in-
terim ordinance for the described area is essential to
enable it to preserve the planning/zoning control
process and to protect the health, safety and welfare
of the citizens of the community.
2.03. The National Flood Insurance Program regula-
tions require that an updated floodplain management
ordinance be adopted by September 2, 2004 or the com-
munity will be suspended from the program for failure
to adopt the necessary regulations and such suspen-
sion would mean an immediate loss of flood insurance
benefits to the community and perhaps an increased
exposure to flood risk.
2.04. The City will not have time to adopt the required
amendments to its floodplain management regula-
tions in accordance with the requirements of its char
ter for the adoption of ordinances. Therefore the Coun-
cil finds that there is a need to adopt an emergency in-
terim ordinance to preserve eligibility of properties in
the city for the benefits of flood insurance.
Section 3. Duration.
3.01. The City Council deems, it in the best interest of
the community to adopt a temporary emergency Mora-
torium on all new development in the identified Spe-
cial Flood Hazard Area shown on the Flood Insurance
Rate Map, dated September 2, 2004 until the sixty
first day following adoption of this ordinance so as to
maintain this community's eligibility in the National
Flood Insurance Program until such time as an ade-
quate floodplain management ordinance can be adopt-
ed by the City Council.
3.02. For the purpose of this moratorium, "develop-
ment" shall mean new building construction, place-
ment of manufactured or modular structures and
recreation vehicles, substantial improvements or sub-
stantial repairs to existing structures, filling, paving,
mining, excavating, dredging, and similar activities,
utilities, levee, dike, or dam construction, and any
other activity that may change the course of surface
waters. For the purposes of this moratorium, "Special
Flood Hazard Area shall mean that area subject the
base flood as shown on the Flood Insurance Rate Map
Hennepin County, Minnesota all jurisdictions and
specifically map numbers 27053C 0203 E, 27063C
0204E, 27053C 0208 E, 27053C 0209 E, 27053C 0212
E and 27053C 0216 E, all dated September 2, 2004.
Section 4. Enforcement.
4.01. The City may enforce this ordinance by man-
damus, injunction or other appropriate civil remedy in
any court of competent jurisdiction.
Section 5. Eeparablity
5.01. Every section, provision and part of this ordinance
is declared separable from every other section, provi-
sion and part of this ordinance. If any section, provi-
sion or part of this ordinance is adjudged to be invalid
by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision or part
of this ordinance.
Section 6. Effect on Pending Applications
6.01 All applications subject to this moratorium
that are pending or that are received during the time
s.f,'Y r. l4t; E G A L 1\
1 1 ty
this ordinance is in effect shall be deemed to be denied
for purposes of Minnesota Statutes, SectittrT5.99
The City Manager shall cause notification ach de-
nial to be given to all ,applicantsstating t' doption
of this ordinance as the reason therefor. lees paid in
connection with such applications shall be returned or
refunded to the applicant.
Section 7. Effective Date.
7.01. This Ordinance shall take effect upon its adoption
by the City Council and its publication in the City's of-
ficial newspaper.
Adopted this 23rd day of August, 2004.
Mayor Myrna Kragness
ATTEST: City Clerk Sharon Knutson
Date of Publication: September 2, 2004
Effective Date: September 2, 2004
(Sept. 2, 2004i pl/Emergency Ord 2004 -17