Minutes - Public Works Committee - 07/19/2005

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Case #4: Consider Proposal to Study and Address a Potential Floodplain Zoning Violation City Engineer Jankowski explained 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 to this May 12, 2005 letter City staff met with Mr. Tom Hovey and Ms. Ceil Strauss of the Minnesota Department of Natural Resoumes on June 27, 2005 to discuss this particular matter as well as general floodplain zoning implementation procedures. He reviewed the following information regarding City records and the chronology for 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 · 11/3/87 Footing inspection was made by City · 6/30/88 Occupancy permit was issued by the City City Engineer Jankowski noted 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 information. The floodplain map in this area is unusual in that the floodway does not follow the ditchline of Trott Brook but instead spills over Ermine Street in the location of the 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 is the same as that for the area outside the floodplain, may explain why a reviewer checking the FEMA panel may have not identified this as being within the floodplain from the certificate of survey accompanying the permit application. City Engineer Jankowski indicated staff 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. He advised 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 the Storm Water Utility, in an amount not to exceed $2,200. Chairperson Elvig inquired about the possible remedies. City Engineer Jankowski replied the model could be analyzed to be sure the floodway is located in the appropriate location. Another option would be to increase the size of the pipe crossing, which would reduce the floodway in the area it goes across the map. Public Works Committee/July 19, 2005 Page 7 of 11