Agenda - Public Works Committee - 07/19/2005

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CASE CONSIDER PROPOSAL TO STUDY AND ADDRESS A POTENTIAL FLOODPLAIN ZONING VIOLATION By: Steven Jankowski, City Engineer Background: The City was made aware of a possible violation of floodplain regulations in a May 12, 2005 letter from Mr. David Scheim of FEMA. This letter resulted from an investigation of a request by Mr. Joel Bums, 9421 Ermine Boulevard NW for a letter of Map Revision in November 2003. Subsequent this May 12, 2005 letter City staff met with Mr. Tom lh)vey and Ms. Ceil Strauss of the Minnesota Department of Natural Resources on June 27, 2005 to discuss this particular matter as well as general floodplain zoning implementation procedures. A review of City records provides the following chronology lbr the development on this property: · 10/20/87 Building permit application by Weicht & Associates · 10/23/87 Certificate of Survey completed by John Oliver & Associates · 11/3/87 Building permit was approved by City · 1 i/3/87 Footing inspection was made by City · 6/30/88 Occupancy permit was issued by the City As you can see, the building permit was issued on the same day as the footing inspection was conducted for the residence. It would appear that the fill would have had to be in place prior to City inspection of the site, possibly for some time. The certificate of survey consisted only of the legal boundaries of the property and contained no topographic infbrmation. The floodplain map in this area is unusual in that the floodway does not tbllow the ditchline of Trott Brook but instead spills over Ermine Street in the location of thc subject property, a distance 600 to 900 feet west of the Trott Brook. This anomaly coupled with the fact that the map designation of the floodway (white) is the same as that l'or the area outside the floodplain (also white) may explain why a reviewer checking the FEMA panel may have not identified this as being within the floodplain from the ¢crtificate of survey accompanying the permit application. Stafl' has requested a proposal from the Polaris Group Inc. to assist in resolving this issue. A copy of that proposal is attached to this case. Funding for this work is proposed to be from the Storm Water Utility. Recommendation: It is the recommendation of staff that the Public Works Committee recommend to City Council that it accept the proposal from the Polaris Group to provide services necessary to resolve this possible floodplain violation issue with funding for this work to be from thc Storm Water Utility. 31