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HomeMy WebLinkAbout2004-18 09-02 APSTATE OF MINNESOTA) Notafy Public ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 2 day of September 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the O notice: abcdefghijklmnopgrstuvwxyz BY: Subscribed and sworn to or affirmed before me on this 2nd day of September 2004. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space •'vlaximum rate allowed by law s ate actually charged newspapers AFFIDAVIT OF PUBLICATION 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of September, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amend- ing Chapter 35 of the City Ordinances Regarding Flood Plain Management. Auxiliary aids for persons with dis- abilities are available upon request at least 96 hours in ad- vance. Please contact the Deputy City Clerk at 763- -569 3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOOD PLAIN MANAGEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the follow- ing manner: Section 35 -2110. STATUTORY AUTHORIZATION. FINDINGS OF FACT AND PURPOSE. 2. Findings of Fact c National Flood Insurance Program Compliance, This Ordinance is adopted to comply with the rules and regulations of the National Flood Insur- ance Program codified as 44 Code of Federal Reg- ulations Parts 59 -78. as amended. so as to main- tain the community's eligibility in the National Flood Insurance Program. Section 35-2120 GENERAL PROVISIONS. 2. Establishment of Official Zoning Map The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the [Flood Insurance Study for the City of Brooklyn Center prepared by the Federal Insurance Administration dated February 17, 1982, nd the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein, all as amended by the attached Amendment No. 1, prepared by Barr En- gineering.] Flood Insurance Study. Volume 1 of 2 and Volume 2 of 2. Hennepin County. Minnesota. all juris- dictions and the Insurance Rate Map panels D umbered 27t 'a' 270' 27053CO208 F. 2. .,..d0209 27053CO212 E. and 27053CO216 E for the City of Brooklyn Center dated September 2.2004 as'tieveloned by the Federal Emer- gency Manngeinon'C7tgct cy' The Official' Zoning Map shrill be on file in the Office of the City Clerk and the Zoning Administrator, 8. Definitions' I l• Unless specifically Defined below, words or phrases used in this ordinance shalt be interpreted so as to give them the same meaning as they have in common usage and sons to give this ordinance its most reasonable ap- plication. or ood oor- el•w• rof the low s •Ire9 li use nent). An of 1 sistant enclosure used solely for parking of vehicles b i l L a s •rstorq i s •area oth•r th n floor Manufactured Home a structure. transportable in one or more sections. which is built on a permanent chassis and is designed for use with or without a per ound:tionwh•na a hed i util- ities. The term "manufactured home" does not include the term "recreational vehicle." Recreational Vehicle a vehicle that is built on a sin- gle chassis is 400 square feet or less when measured. 'I t l Y'6 •I ,l is •si V s self- propelled or permanently towable lZv a light duty 1R.• 1 I 111 manent dwelling but as temporary living quarters for recreational. camping. travel. or seasonal uliei''For'the purposes of this Ordinance. the term recreational ve- hicle shall be synonymous with the term travel trail- er/travel vehicle Substantial Damage means damage of any origin sustained 1y a structure where the cost of restoring the structure to its before damaged condition would equal or exceed '0 percent of the market value of the .structure before the damage occurred, .i• 11• •a•1 1• ,1 •Lois 365 -dav period. any reconstruction. rehabilitation (in- eluding normal maintenance a nd repair) repair after damage. addition on other improvement of a structure, the cost of which eqpals or exceeds 50 percent of the market value of the structure before the "state of con struction" of the improvement. This term includes structures. which have incurred "substantial damage." regardle s of the actlml repair workperformed. The term does not. bowevec include either IL_ Any project for improvement of a structure to cor- v itary or 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 strut- 's 1 3 .1 1 t 1 1. 1 A t 1 1 L. 0.0 1 t tore." For the purpose of this Ordinance "historic structure" shall he as defined in Code of Federal Regulations. Part 59.1 Section 35 -2130 ESTABLISHMENT OF ZONING DISTRICTS. 1. Districts a. Floodway District The Floodway District shall include those areas -1',V1t4giftnt.prIr ,ijz floodway on the [Flood Boundary anc Floodway Map] Flood Insurance Rate Map adopted in Section 35- 2120.2. b, Flood Fringe District The Flood Fringe District shall include those areas designated as floodway fringe on the [Flood Boundary and Floodway Map] Flood Insurance Rate Map adopted in Section 35-2120.2 asileing within Zone AE. Zone AO or Zone All but being lo- cated outside of the floodway, c. General Flood Plain District The. General Flood Plain District shall include those areas designated as [unnumbered A Zone] Zone A or Zones AE. 7.one AO. or Zone AH without a floodway on the Flood Insurance Rate Map adopted in Section 35- 2120.2, 2. Compliance b. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are reg- ulated by the general provisions of this ordinance and specifically Section 35 -2200. Section 35- 2140, FLOODWAY DISTRICT (FW), 4. Standards for Floodway Special Uses e. Accessory Structures" 3) Whenever possible, structures shall be con structed with the longitudinal axis parallel to the direction of flood flow; and, c) Accessory structures shall be elevated on fill or structurally dry flood proofed in ac- cordance with the FP -1 or FP -2 flood- proofing classifications in the State Build- ing Code. As an alternative, an accessory structure may be flood proofed to the FP- 3 or FP -4 flood- proofing classification in the State Building Code provided the ac- cessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood- proofed accessory• structures must meet the following additional stan- dards [,as appropriate]: (1) The structure must be adequately an- chored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydro- static flood forces on exterior walls; and (2) Any mechanical and utility equip- ment in a structure must be elevated to or above the Regulatory Flood Pro- tection Elevation or properly flood proofed. I__ To allow for the equalization of hydrostatic pres- sure. there must be a minimum of two "automat- ic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subjelrt to flooding. There must be openings on at least two sides of the structure and the bottom of all open- ings 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 auto- matic openings, Section 35 2150. FLOOD FRINGE DISTRICT (FF). 4. Standards For Flood Fringe Special Uses: a. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's low- est floor above the Regulatory Flood Protection El- evation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above- grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an en- closed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) is designed to internally flood and is constructed with flood resistant materials; and 3) is used solely for parking of vehicles, building access or storage. The above noted alternative el- evation methods are subject to the following addi- tional standards: (1) Design and Certification The structure's de- sign and as -built condition must be certified by a registered professional engineer or archi- tect as being in ,compliance with the, general design standards' of the State Building Code and specifcally, that, ,all electrical. heating ventilation, phimbing 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. (2) 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] A minimum area of "automatic" openings in the walls where internal flood ing is to be used as a flood proofing tech- nique. [When openings are placed in a structure's walls to provide for entry of floodwaters to equalize pressures 1 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 automat- ic openings shall have a minimum net area of not less than one square inch for every snuare foot subject to flooding un- less 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 pro- vided 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 FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehi- cles or storage. 5. Standards for All Flood Fringe Uses: b. Commercial Uses accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Pro- LEGAL NOTICES Brooklyn Center, Brooklyn Park Sun•Post/Thursday, Sept. 2, 2004 tection Elevation. However, a permit for such fa- cilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that•provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth Yin feet). tunes velocity (in feet per second) the product number exceeds four (4) [greater than two feet or be subject to flood velocities greater than four feet per second] upon occurrence of the regional flood. Section 35 -2190 ADMINISTRATION. 2. Permit Requirements: a. Permit Required. A Permit issued by the Zoning Administrator in conformity witicthe provisions of this Ordinance shall be secured prior to the erec- tion, addition, )modification rehabilitation (in- cluding normal maintenance and repair) or alter- ation of any building, structure, or portion there- of; 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 ha- been damaged by flood fire or any other source- and prior to the placement of fill, excavation of mate- rials, or the storage of materials or equipment within the flood plain. h. 'Notifications for Watercourse Alternations." The Zoning Administrator shall notify in riverine si- 1 DD. 1 If 1 111 11 sioner of the Department of Natural Resources prior to the community authorizing anv alteration applied for a permit to work in the beds of public 1 1! 1: •1 1 Chicago Regional Office of the Federal Emergency Agency (FEMA). L....Notification to FF.MA When Ph,vsiesl Qhanges In- crease or Decrease the 1 00-vear Flood Elevation months after the date such supporting informa- tion becomes available. the Zoning Administrator 1 I 1 t.V• is 1 1. 1 1 1 1 1t U _1 of the changes by submitting a copy of said tech- nical or scientific data. 3. Board of Adjustment: c. Variances. The Board may authorize upon appeal in specific cases such relief or Variance from the terms of this Ordinance as are consistent with the provisions of Section 35 -240 of the Zoning Ordi- nance. 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 Section 35 -240 which justified the granting of the Variance. No Variance shall have the effect of allowing in any district uses pro- hibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protec- tion Elevation for the particular area, or permit standards lower than those required by State law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:, 1,11 Variances shall not he issued by a community within any designated regulatory floodwav if any increase in flood levels during the base flood discharge would result (2). Variances shall only he issued by a communi- ty upon (i) a showing of good and sufficient cause. (ii) a determination that failure to grant v i_nc•wo Id tin ghhi-p to the applicant. and (iii) a determination that the granting of a variance will not result in increased flood heights additional threats School District 11 The School Board of Anoka Hennepin Independent School District No. 11 held a regular meeting on Monday, August 9, 2004, at the Educational Service Center, Coon Rapids, Minnesota. Chair Sullivan called the meeting to order at 7:02 p.m. The following members were present: Dan Cook, Denise Dittrich, Tom Heideman, Jerry Newton and Mike Sullivan. Scott Wenzel was not present. Chair Sullivan led the pledge of allegiance CONSENT AGENDA j Jerry Newton moved and Toin Heideman seconded the motion to approve the following consent agenda items'includ'- ing the addendum to Appendix A: 1. Minutes from the July 12, 2004, Board meeting. 2. Personnel items as follows: RETIREMENTS Name LaVonne Avery Carol Loyd Diane McNiff Leslie Yeats RESIGNATIONS, Nam Patricia Bartoletti Curtis Carpenter William Kron Cheryl Mashuga Nancy Metzer Heather Michell Kelly Voss Kristine Wyandt LEAVES OF ABS Constance Antonsen Melissa Bastian Margaret Bruce Sharia Combs Michael Dussl Pauline Engebretson Josette Franklin Teresa Klingelhoets Michael Matasovsky Cheri McQuay Janette Paulson Sherri Watkins Stephanie Young Current or Most Recent Position Adams- Paraprofessional Washington- Teacher Morris Bye- Teacher CPHS- Teacher TERMINATIONS Current or Most Recent Position Wilson- Teacher Mississippi- Principal Elementary Sch Anoka High -Asst Principal HS Andover HS- Teacher University Avenue Teacher Jefferson- Teacher Ramsey- Teacher NMS- Teacher EN CE Current or Most Recent Position LC/DC -ABE Teacher Andover- Teacher Hoover- Teacher Crossroads -Cape Staff Franklin- Building Supervisor Ramsey- Teacher CPHS- Assistant Principal CRMS- Paraprofessional CPHS- Custodian JMS- Teacher LC/DC-Sch Readiness -PT instructor Sand Creek Teacher RMS- Teacher 1,1), Variances_shiU only be issued upon a deter- mination that the variance is the minimum necessary considering the flood hazard. to af- ford relief, Section 35 -2200. NONCONFORMING USES IN THE FLOOD HAZARD ZONES. 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the pro- visions of this Ordinance may be continued subject to the following conditions[:)' Historic structures. as de- fined in Section 35- 2120.8 of this Ordinance. shall he subject to the provisions of Section 35 -2200 l a -le b. Any structural alteration or addition to a noncon- forming structure or nonconforming use which would result in increasing the flood damage po- tential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in ac- cordance with any of the elevation on fill or flood- proofing techniques (i.e., FP -1 thru FP -4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Sub section c below. •i' e. If any nonconforming use or structure is [de- stroyed by any means, including floods, to an ex- tent of 50 percent or more of its market value at the time of destruction] suhstantialiv damaged. as defined in Section 35 -2120 8 of this Ordinance it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applic- able provisions for establishing new uses or new structures in Sections 35 -2140. 35-2150, or 35- 2160 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. f`If a substantial improvement occurs, as defined in Section 35- 2120.8 of this Ordinance. from any combination of a building addition to the outside is tation. reconstruction. alteration. or other im- provement to the inside dimensions of an existing nonconforming building. then the building addi- tion (as required by Section 35- 2200.1(b) above) and the existi g nonconforming building must meet the requirements of Section 35 -2140 or 35- 1 1 1.. 1 1 Section 35 -2220. AMENDMENTS. The flood plain designation on the Official Zoning Map shall not be re- moved from flood plain 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 [regional flood] regulatory flood protection elevation and is contiguous to lands out- side the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that. through other measures, lands are ade- quately protected for the intended use. Section 2. This ordinance shall becoa ,ctive after adoption and upon thirty days following its legal publica- tion. Adopted this day of May ATTEST: City Clerk Date of Publication Effective Date Brackets indicate matter to be deleted, underline indi- cates new matter.) (Official Publication) MINUTES OF MEETING SCHOOL BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 11 (Anoka-Hennepin School District) STATE OF MINNESOTA Last Day Employed 6/8/2004 REVISED 10/15/2004 REVISED 8/16/2004 7/22/2004 Last Day Employed 8/30/2004 8/6/2004 6/30/2004 6/30/2004 7/4/2004 6/30/2004 6/28/2004 7/19/2004 Leave Begins 7/14/2004 7/29/2004 8/30/2004 3/10/2004 6/5/2004 7/2/2004 7/7/2004 9/7/2004 7/15/2004 8/30/2004 7/16/2004 7/26/2004 7/16/2004 23A to public safety, extraordinary public expense, create nuisances, cause fraud on or victimiza- tion of public. or conflict with existing local 1 (1'1' 1 1 1 pending upon whether the structure is in the 11• 1•• 2004. (Sept. 2. 2004) pl/Flood Plain 1st reading Leave EBda 8/11/2004 9/22/2004 3/1/2005 6/30/2005 7/5/2004 8/12/2004 8/17/2004 6/30/2005 7/29/2004 10/13(2004 RESCIND 6/30/2005 10/29/2004 8/26/2004 Legals continued on next page