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PL 01/17/1973 - 7450.^ A G E N D A PLANNING COrIlKISSION MEETING JANUARY 17, 1973 8800 P.M. CALL TO ORDER; PAGES ROLL CALL• . APPROVE PLANNING COMNLLLSSION M�NUTES o JAATiJARY 14, 1973 , 1-2 RECEIVE PARKS & RECREATION CO�A�SSION MINUTES. NOVEMBER 27, 1972 3-5 RECEIVE JOINT PUBLIC HEARING MINUTESe DECENlBER 11, 1972 6-I3 1. PUBLIC HEARING ON THE COMPREHENSIVE FLAN � 2. CONTINUED: CONSIDERATIQN OF FLOOD PLAIN ZODTING 14 Public Hearing open. r ) U ��2��e,e'�^' � � %yl���y+�/� �` j'� 0 ���i���� � � � /� n C�TY OF ERIDLEY PLANI�tING CQ1�IlrfISSION MEETING JANUARY 10, 1973 PAC,E 1 CALL TO ORAER• The meeting was called to order by Acting Chairman Fitzpatrick at 8:15 P6M. ROL� CALL: Members Pxesent: Memb�rs Absent: Others Present: Miaish, Zeglen, Fitzpatrick, Schmedeke Erickson Dazrel Clark, Co�unity Development Administrator Jerrold Boardr�an, Planning Assistant APPRQVE PLANNING CO1�Il�TiSSION MINUTES: DECEMBER 20�. 1972 M+Q�ION by SchmGdeke, seconded by Zeglen, that the Planning Commission m�.auCes of Aecember 2p, �972 be approved. Upon a voice vote, all voting aye, the motion carried unanimously. R�C$IVE BUILDING STANDARDS-DESIGN CONTROL SUBCOA'IIrILTTEE MINUTES; DECEMBER 28, 1972. ' MOTION by Zeglen, receive the minutes of meeting of December 28, ca�ried unanimously. seconded by Schmedeke, that the Planning Commission the Building Standards-Design Comtro�. SulacommitCee 1972. Upon a voice vote, all voting aye, the motion INFQRMAL PRESENTATION OF THE COMPREHENSIVE PLAN �ix. Clark stated Che presentation was taped so that nothing would ia- �dvsrten�2y be left ouC of the preseatation. The taped pres�ntation, with colored slides, could also be used befoYe socia], groups such as �he Ch�m}�er of Coaunerc�, V.k'.W., etc. � Mr. Clark sa�.d the presentation. was in three parts. Mr. Fitzpatrick asked how long the presentation would last. Mr. Boardman said it la�ted about tweaty minutes. The presentation was made. In discussi,ng it, the Qntire P�ann�ng Commission thought it was an excellent presentation. Mr. FitzpaCrick asked if the entensity colors were for the presenC use or•tha pxo�o&ed use. Mr, Boardman answered they were far the proposed use. Mx, Schmed�ke �ound an error on one of the sl�.des, which will be carrected, and Mr, Fit�patr�.ck ask�d that one qther slide be rephotographed because the cp�ox was haxd �o distinquish, � Planning Coumaission Meeting - January 10, 1973 Page 2 �_ CONSIDERATION OF FLOOA IER.,AIN ZONING Mr. Clark said there had been a joint Public Hearing by the City Council and the Planaing Cotumission on flood plain zoning on December 11, 1972, The City CQuncil is waiting for a recommendation fram the Planning Commissisan. A short discussian followed with ao specific recoumnendations. M4TTON by Schmedeke, seconded by Zeglen, to continue the consideration of flood plain zoning until January 17, 1973. Upon a voice vote, all vating aye, the motioa carried unanimously. • PLANNING COIrIl�ILSSION STRUCTURE Mr. Clark gave capies of a chart that had been appxoved by the Planning Commission on Pebruary 4, 1970. If the Planning Coa�►ission members would add three years to every date showa on the chart it will bring it up-to-late. The City is presently recodifying the Code book and the Plapning Commission aad Subcommittees will all be in one section. If this chart is approved, all Councilmen wi,ll nomiaate one member of the Plaaning Commission his first year of offics and one member of each Subcommittee at varying times of their t��.,. The Mapor will nominate the Chairman of the Planning Commission. The Councilman-at-large will nominate one member of the �lanniag Commission and ^ four members at the Subcommittee level. At present, the members of the Planning Commission and Subcommittees . are appointed for three year terms except the Build�ng Standards-Design Control Subccm�mittee. Under the new structure, all terms will be three . yeat�s, but �t will take three years before the cycle is correct. In the interi.m, some appoi,ntments will be for one or two years instead of three. The date the appointments take effect is being changed from December 31, to April 1. This wili give the new councilman time ta find tk�e person he wants to nominate, and will give the person appointed time to attend some of the meetings of the Board or Co�ission he is appointed to before he has to sit on th� Board or Commission. This will add three additional motiths to ap�oiatments in effect at Che time this change is made. MOTION by Minish, seconded by Zeglen, that the Planning Commission reaffirm its earliex� recommendation of three years ago of the Planning Com�►ission Stucture, with the recommendation that�the Councilmen try to nominate members from thefr owa ward if at all possible. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT : Acting �hairman Fitzpatrick adjourned the meeting at 10;00 P,M. xe�a�e�tfully submitted, ^ -�a{/�c.�;C,eR-C.11 -� 2�C��e-r✓ Dorothy Ev son, Secretary MINUTES OF THE REGULAR PARKS AND RECREATION COMMISSION MEETING. NOVEMBER Z�. 1�� °- Meeting was called to order at ':35 p.m., by Chairman Fitz�atrick. ^ MEMBERS PRESENT: Fitzpatrick, Blair, Kirkham, Stimmler, WagaT. b9EMBERS EXCUSED: None OTHERS PRESENT: Paul Brown, Director of Parks and Recreation. Cathie Stordahl, Secretary to the Commission. MINUTES OF THE 4CTOBER �.E. I9� MEETING� MOTION by 8.e.a.i�c, Seeanded by S�i.mm.�en, z� ap�nave �he M�.nu�e� v� �he Regu,2cuc Pcvch� and Recnec�i.an Camm-us�s�.on M2e.t,i.ng, da,ied �c�vbeh. 16, 1972. The Ma�.i.an ca�,i.ed. PARK SCHOOL RAI�ER� Mr. Brown informed the Commission that by the Fridley Lions Club ancl Fridley Ranger. Chuck Spano will be on duty, the City Parks and School grounds. . TAJC FORF�IT PROPERTIES� a snowmobile has been donated to che City American Veterans, for use by the Park School weather permitting, and will be patrolling Mx. Brown asked the Commissioners for suggestions regarding the available tax forfeit properties, and i£ there were any }r�pert�.es we should look at closer? Mr. Stimmler stated that he felt we should exchan�;e or sell some,of our useless properties anci acquire larger parcels of land which could be developed into something that could be used. All agreed that this was worth looking into, and also pointed.out that there ^ is still a need for property east of Old Central, near Rice Creek Road. iCE MAINTENANCE SCH�DUL�� Mr. Brown told the Gommissioners that as soon as weather permits, the Maintenance Staff would be placed on a rotating schedule, similar to the one•used last Winter. Full time men will be off on either Saturday and Sunday or Sunday and Monday, The three part time men wxll b� o�f on Wedr�esday and Thursday. Their work hours will be changed to 7:00 a.m. to 3:30 p.m., with a half an hour off for lunch at'11:U0. This revision in the schedule will hopefully cut the number of overtime hours the maintenance staff will have to put in to properly maintain the ri.nks this Winter. Last Winter's trial run on the schedule proved to be successful. SQUARE DANCING� Mr. Brown relayed the desire pf Jim the Square Dance Program in Fxidley. caller and Mr. Hill is promoting the lack of funds. GIRL�S ACTIVITIES. Hill, the Public Safety Director, to re-activate He explained that George Butler would be the idea for the Fall of 1973, due to the present Mr. Fitzpatrick informed the Commissioners that there is stili some concern about Che lack of activites for �irls, but all agreed that the Depaxtment had done much dur�.ng the past year to reGt�.fy the problem by introducing such programs as Girls � Flag Footbali, Girl� Broomball, expanding Girls Softball, and Girls Ballet. MAI.LOWE�N DANCE � Mr. Kirkham informed the Commissioners that the JayceeS are interested a.n enlarging the I�all.oween Paxty �or 197$. They felt that this year's dance was very successful. b9inutes of the Parks � Recreation Commission �9eeting, Novemtrer 27, 1972. F'a�e 2 I�TH PARK DEV�LOPM�NT� Mr. Kirkham turned the Commissioners' attention to the discussi.on for the development of North Park. He recommended that Mr. Brown include a ballot in his next article in the Fridley Sun Newspaper. MQTION b y K,vch. dam, Secanded b y B�a,i.n, �ci �.ne.�ude an vp�i.►�i.an pak�. neyandi.ng � be dev eX.��mev� a� No �.t h Pcucfz, �,n � he Fn,i, d.2e y Sun, nex� weeh . Mr. Stimmler asked that the Motion be amended to include the question for the public to voice their opinion, but that it should be delayed until a more appropriate time when other polls regarding the same subject are in and evaluated. Mr. Kirkham said that he felt that this was the most appropriate time for the poll. Mr. Stimmler restated his belief that this was not the best time for the poll. Mr. Fitzpatrick called for a new motion. MOTI�N b y IGi.nlz bu.m, Secvnded b y Becu.n, �a �.ne.eude an �pc;n.iaK �a.P.�. negandc:ng ��e devq,�.�pmevr,t a� N�nxh Pa�cfz, �i.n � �e �ni:clP.e y Suvi, nex� weeh. U�an a vo�e a� aX,2 Cammi..a�i.an.e�c�, B,2a,�.n., K�i.nh.la.m, and �ti�zpa.�h,i.eh va�ed �.n �avan a� an api.ru.�n �a.P.e u,t .th� .� �i.me., aKd �:t�.mm.2ete and Gla.gatc va�ed na u T he, Mazi.an ea�vci.ed. Mr. Fitzpatrick asked the Cammissioners if any of them had formed opinions regarding the development of North Park, and if so, if they would care to make their opinions known at this time. Mr. Kirkham stated that he was in favor of a Nature Center, Mr. Wagar supported a Golf Course, and Mr. Blair and hir. Stimmler are not as yet committed. ^ ' It was the general feeling that a Rice Creek nature center was not an alternative to the North Park problem. ISLANDS OF PEACE� Mr. Fitzpatrick stated that he had been at a meeting of the Islands of Peace Committee, in the early part October, where the City Attorney, Mayor, and the City Manager were all present. He said that the meeting was well attended but ended in a state of indecision. Mx. Brown called the Commissioners' attention to an article in the Minneapolis Tribune, about Mr. Wilmes and the Islands of Peace. Gopies of the article will be mailed to the Commissioners. Mr. Brown went on to explain that Mr. Wilmes and the Committee have had letterhead, envelopes, and pamphlets printed, in hope that by sez�ding out some information to area American Veterans groups and other Civic-minded groups, donations would aid in the development of the Islands. To date, they've received about $400.00 and this is about enough to take care of the expenses of the Committee and their mailings. According to the infQrmation Mr. Brown has, Mr. Wilmes has now approa�hed Braoklyn Park, in the hope that Durham Island can be donated or purchased for this project, Mr. Wilmes ha� approached Caivin Griffith about having a benefit game, sponsored by the Minnespta Twins. � The Commission took no action regaxding the Islands of Peace Project. Mr. Brown wil.l keep them informed o� any further progxess. � Minutes of the Parks $ ReCTeation Commission Meetin�, November 27, 1972. Page 3 w t- a.� 1jF.�E.MIiER MEETIi�G� , .; Mr, Fitzpatrick called the Commissioners' attention to the fact that the next regular meeting date ialls on Chri.stmas Day. Mr. FitzpatriGk stated that there were ntp major problems which would b� requiring Cammission action, and recommended that no me�ting be held in DeCember, and that the r�ext regu�ar meeting datE be on the fourth Manday in January, 1973. � MOTION b y S�i.mm.�e�c, Seeanded 6 y waga�c, �a cG�..t�en.�. wi� h�he 1�eeembwr, mee.ti.ng �{� .the Pa�z � and Ree,tcea,ti.an Cammi. ��%.an, and .be.t .i Ge nex� negc�atc mee,ti.ng ��n � be �awc.t h Manda y�.n Januan y. T h2 Mo�i.on catvci,ed. ADJOURNMENT� MOT ION b y G►agNr., Secanded b y�.�a.i.n, xp ad� o�vcn � he mee.it:ng ct,t 9: 00 p. m. The next regu��r meeting wi�.l be held on January 22, 1973, at 7:30 p.m., in the Community Room of Fri.dJ.ey Civic Center. F'� Resp�ct�ully submitted, . � � � � �,/�, �,%t i`.� _�f=-�f�- _ C�r!�a .!� .k';� �A�THI� STQRpAHL, Secxstary to th� Commission � . 0 � , THE MINUTES OF THE PiTBLIC HEARING MEETING OF DECEh4BER 12,�1972 The Public Hearing Meeting of the City Counci2 and Planning Commission was ^ called:to order at 7:39 p.m., December 11, 1972, by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the flag. ROLL CALL: NIEMBERS PRESENT: MEMBERS ABSENT: Breider, Starwalt, Lieb1, Utter, Mittelstadt. None. ADOATION OF AGENDA: Mayor Liebl said he would like to suggest the following changes and additions: Add: Minnesota Transfer Railroad Resolution, #155-I972, Item b- B. Add: Sunday Liquor Licenses for Sandee's, Inc., George is in Fridley, and Shorewood Inn., Inc., Item 11. ' Add: Approval of letters to be sent to McCarron, representative Elect, and Schaaf, Senator Elect - Signals on 69th and Trunk Highway #47, Item 12. Table: Islands of Peace Project, Item 4-4A. MOTION by Councilman Mittlestadt to adopt the Agenda as,amended. Seconded by Councilman Bxeider. Upon a voice vote, all voting aye, Mayor Liebl declared ,� the motion carried unanimously. �'1 JOINT PUBLIC HEARING BEFORE THE PLANNING C014Il�IiSSION AND THE CITY COUNCIL For a11 flood Prone Areas as 0utlined by a Corp of November 1971, to Rezone to Flood Piain Zoning so Be Made Available. ineers Report of Flood Insurance Can Mayor Lieb1;,�11�,on,the City Manager to read aloud the notice sent to each property owner in the Flood P1ain Area.and declared the Public Hearing open. Chairman Erickson declared the.Planning Commission Public Hearing open and asked the Secretary to call the roll. MEMBERS PRESENT: Schmedeke, Fitzpatrick, Eriekson, and Zeglen. MEMBERS ABSENT: Minish. �V The City Engineer briefly outlined steps for eligibility, showed the location of the Flood Plain area on the overhead projector and gave a brief summary of what rezoning to Flaod Plain would mean to the audience. He than introduced Mr. Kirk English of the Department of Natural Resourses. Mr. English distributed pamphlets outlining the National Flood Insurance Program to members of the City Council, Planning Commission and audience, He explained that this phamplet, published by the United States Department of Housing and Urban Development gave a clear example of what rates may be for the government subsidized program. Mayor Liebl asked if he would explain the advantages of the program and the procedure to be followed to activate it. Mr. English explained that the program was established by the National Flood. � . /"`� " � ___ s ^ �_. � PUBLiC HEARING MEETING OF DECEMBER 11, 1972 . ,_ Page 2 . `� Insurance Act of 1968, a part of the Housing and Urban Development Act of 1968 to make specified amounts of flood insurance available from private insurerers available under federal auspices. Included in the _ cove�age defined as flood include water or surface water, mudslides, and damage caused by intense storms, rir. English explained. He pointed out the principle area.involved in the F1ood P1ain Program by using a� on the overhead projector, these areas being the R�vervievr Heighis area and along Rice Creek. Mr. English outlined the steps to be taken by the Gity of Fridley if they wish to become eligible for flood insurance. First, to qualify for the program, a cammunity must submit to the Administrator a written request to participate in the flood insurance program for the entire area under its jurisdiction. The documentation required by the regulations governing the flood insurance must accompany the written request. Alang with this written request, a cepy of the land use and control measures which have been adopted in compliance with the standards set forth in t�e program regulations must be sub�itted. After eligibility has been � established, the City of Fridley must adapt a resolution establishing land use and control measures in Flood Plain areas. The next step, as Mr. English explained is the passing of a F1ood Plain Ordinan�e which will, 1) restrict the development of land exposed to flood damage; 2) guide the development of proposed future construction, where practical, away from locations that are threatened by floods; 3) assist in reducing damage caused by floods; and 4) provide for proper land use and land management in flood prone areas by recc�ngnizing the degree of flood hazard. He ec�ntinued by saying if the City does not feel this is practical at this time, or if further studies are to be made, a time table for the development of a flood plain ordinance mi:st be submitted to the Department of Natural Resourses which in turn is sent to the United States Department of Housing �and Orban Development by them. Local insurance agencies who are members of the National Flood Insurers Associatian are notified to process all insurance policies, and to handle the adjustment of claims for loss payments. Insurance at subsidized rates can be sald on existing construction to property owners by private insurance agents and brokers. Insurance at actuarial rates can be written on new construction or on properties which are substantially improved after the Department of Housing ancl Uxban Develapment prepares studies and sets. actuarial rates once these rates are established within the lacality. Until a local governmental unit has qualified for flood insurance, citizens within the locality cannot purchase flood insurance upon their own initiative. After a comple�e s�udy is made by the department, Mr. English estimated the time for this study to be about six months, for actuarial rates to be established, the insurance agencies are notified of actuarial rates and all insurance is sold at the newly established rates. All land use and control measures must be put into efrect within six months or the City will loose their eligibility. Mr. English elaborated on the two layers of rates (subsidized and actuarial) : and s#.ated rates as per kind of structure being insured. After the City is declared eligible for fload insurance, all citizens, no matter where they live in the City, are eligib2e for subsidized rates as established and made effective on July 10, 1972. The subsidized coverage liMit for a residential single family structure is $I7,500 for the structure and �5,000 for the , contents. The rate paid by the hame owner is �.25 per �100 structural coverage and $.35 per �i00 contents coverage. The sub$idized coverage limit for all other residential structures including duplexes is $30,000 for the structure and $5,000 for the contents. N1r. knglish adcted, this enables those renting to purchase insurance on their furnishings. The rate . /'\ � � PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 3 S under the subsidized progra� for these residential dwellings is $.25 per $100 structural coverag� and $.35 for $100 contents coverage. The actuarial rates (locational� will become effective when the studies are completed by the Housing ar�d Urban Development Department. Additional structural and content coverage will become effective after the actuarial rates become. effective (i.e.$17,500 structual coverage available at subsidized rate..will double or offer an additional $17,500 and content coverage will not be limited to $5,000 but raised to $10,000, for single family residential structures, all other struc�ural coverage will be doubled from $30,000 to $60,000 and content covexage increased from $5,000 to $10,000). All new construction within the Flo,�d Piain will be covered by the actuarial rates only and the coverage l�.mit will be $35,000 for structural coverage and $10,000 for content coverage. $17,�00 structural coverage and $5,000 content coverage outside the flood l�azard area for single family residential; structures will be availaric at subsidized rates svith another $17,500 at actuarial rates. The new cvnstruction rates for all other types of structures in the flood plain are also covered only by the actuarial rates and are limited to $60,000 for structure coverage and $10,000 content coverage. $30,000 structure coverage �d $5,000 content coverage outside flood hazard area can be acquired at sui�sidized rate with an additional $30,040 structure coverage and $S,OOO conten� coverage at actuarial rates. Mr. English assured the Coumcil that the actuarial rates will not be higher than the subsidized rates, and added that in fact they are most generally lower. If the actuarial rates established are lower than the subsidized rates established by the Department of Housing and Urban Development, the citizen can use the acturial rate in pla�ce of the subsidized rate. He stated as a matter of example that the rates did decrease prior to July of this year. Mayor Liebl asked if the Cit�y were to adopt this Flood Insurance program, would the property of those �itizens residing in or near the rezoned Flood Plain area suffer property value loss. Mr. English stated that this program is a newly established one and there is not sufficient data available to answer the question. Thz Mayor added that in order to comply with regulations a 4/5 vote from the Council would be required. Before this vo�e, he added, we will have to know how many people will gain from the program a�d how many will be damaged l� it. The Mayor continued by saying, the CQU��r►cil may be helping the citizens in the Riverview Heights area while the Rice Creek residents suffer damages. He suggested that all available information should be obtained along with a guarantee to those people in the Rice Creek area that their property will not be devalued before the adoption of this program. Clarifying the difference between the Flood Way and the Plood Fringe, Mr. English explained the F�ood Way to be the area where rapid running water would be and the Flood Frin�e to be where water would only stand in a pond or run off. He added that s�estrictions should be put on building within the Flood Way areas. Mayar �iebl asked if building permits could be issued for actual building within t�i.ese areas. Mr. English stated the Flood Way could not be used, but the F1ood Fringe could be if t�e land use and control measures were followed. The �ase of the structure must be at least one foot above the 100 year flaor� eleva�ion or be flood proofed. The City Engineer stated that this is the existing practice in these areas. Councilman Breider.asked how many struc�ures there are in the Flood Plain area from ,_ I PUBLIC HEARING MEETING OF DECEMBER'11, I972 Page 4 � the east line of Fridley to East R�ver Roa.d and along Rice Creek. The � City Engineer said, there are two structures at present. Councilman.Utter asked if anyone was aware of the practice established by F. H. A. on lending to those in Flood Plain areas. Councilman Breider again raised the question of property depreciation with the Flood Plain area. Mervin Herrmann, City Assessor, said in his opinion it is essential to inform the buyer of this zoning and the informed buyer may consider the availibility of Flood Insurance an improvement for protection of the property, and a protection of his investment. Councilman Breider repeated the question asking if F. H. A. will turn down loans to those in the Flood Plain area. Mr. English answered by stating there is not enough information available at this time. Councilman Utter raised the question of whether or not existing insurance rates on th�: structures in the area will be increased due to the rezoning. Mr. English said that none of the existing insurance covers flood damage so there would be no reason for an increase. Chairman Oliver Erickson, Planning Commission, stressed the importance of obtaining an an�wer from F. H. A. on their policy of lending to those in th� F1ood Plain area. Resident, Mrs. Ardath Fuehrer, 620 Dover, stated that a home on Cheryl, one half block from the r�ver was finance through F. H.A. last summer. She added that her horae was financed with a G. I. Loan. City Attorney, Virgil Herrick, stated that most of the homes along Rice �Creek are set high on the lots and the oniy portion of the lot affected '� by the rezoning would be a small portion of the back yard. He asked if this portion of the backyard could be used for the construction of utility buildings such as storage sheds. Mr. English answered that they would be allowed if they would not constrict the flood flow. Councilman hlittelstadt asked if the City were under the insurance program, would the restrictions be explained in the building code. He also asked � if an addition could be placed on a home in the Flood Plain area. Mr. English indicated it would be allowed in the Flood Fringe area but not in the Flood Way area. If placed in the F1ood Fringe area, the structure addition must be placed above the 100 year flood elevation or flood proofed. He added that this point needs further clarification. A question was raised as to whether a structure in the resiricted area could be replaced if it were more than 50a damaged by a flood. Mr. En�lish stated he was not absolutely certain on this point but did not believe the building could be rebuilt. The question was asked by a resident of the area if the structure alone is co�tered by the insurance and the damage exceeded 50%, would there be any reimbursement for the land. Mr. English suggested that at this time the owner may sell his property to the City or some other interested party. The resident asked if the house were SO% destroyed and they were forced to fill in the basement, would thsy receive full value for the house. Mr. English replied that he thought their payment would be deterrained by the limit.of their coverage. The resident added it would be impossible to build another home for the price � of the structure alone. Mrs. Ardath Fuehrer asked if it r��oti�.ld be possible to build � garage in the Flood Fringe area. Mr. English stated that this would be possible if the garage were flood praofed. She questioned him on how it was possible to flood proof a structure. Mr. English stated that � PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 5 ' �.� there are many methods. Mrs. Fuehrer said she lived within one half � block from the River. and this may be.wi.thin:the ar.ea zoned Flood Way, * could they build a garage. The City Engineer explainsd`that the area ' designated as Flood Plain has b'een extablished, but the ratio to be Flood Fringe and F1ood Way iaithin this area has not been determined. If the proposed structure were to be built in the F1ood Way, regulations would prohibit construction. If the structure would come within the baundaries of the Flood Fringe, the property owner may fill in the land hut not raise the elevation of the Flood Way more than .5 or i foot. And again, the land use regulations must be enforced, he added. Councilman Breider asked what portion of Riverview Heights was in the Flood Way. The City Engineer said a very small.portion, most of which is the main channel. The City.Attorney askad if there were a dike around the flood areas and it_did the job, would it take the area out of the Flood Plain. Mr. English said there are certain standards to be met in the construction of such dikes, and if these standards are met, it will take the land out of the flood area. He also added that in many cases dikes cause additional trouble. The City Engineer stated that the existing dike is an elevated roadway and does not come up to standards.of the corps of Engineers and would not provide permanent protection. Mr. William Engelhardt, 7120 River View Terra�e, asked who was to pay for these programs. Mr: English said the Housing and Urban,Development Department pays for it. Mayor Liebl added, the people in the area involved pay the insurance premiums, not the taxpayer. Mayor Liebl called on the City Manager to explain basically how the people and property in the area would be affected by this program. � The City Manager replied that all people �tith structures in the Flood Plain area wil.l have a chance to buy F1ood.Insurance adding there is no form of Flood Insurance auailable to them at the.present time. He added that it will not be required, but available. It is basically a consumer protection device and if a hame owner in the F1ood Plain area wished to protect his investment, he (she) would be able to do so. Again, Mayor Liebl asked what affect the program would have.on the assessed eualuation of the homes along Rice Creek, if any. Mr. Brickson asked if F. H. A. wauld cantinue to approve.loans to those people in the F1ood Plain area after rezoning takes place. He added this is a point that should be cleared up with F. H. A. Mr. English said the proposed flood insurance is $200 deductable or 20, whichever is higher. Mayor LiebZ added that this is on present structures and their contents. Councilman Mittelstadt asked how many people were present who are living in Riverview Heights. Seven people.in the audience responded. His next c{uestion was, how many people would buy this insurance if it were available. It was determined that the people present could not form an opinion because of lack of information�available. Mr. Richard Cook, 690 Fairmont St. N._E., asked how much could a home be financed for by F. H. A. if it was carxying $17,000 coverage for Flood Insurance. Mayor Liebl, stated that this is another question that must be answered before approval or disapproval of_this program can be considered. Mayor Liebl asked Mr. English if a home valued at �25,Q00 could be insured '� for a greater amount than $17,500. Mr. English said it would not be possible until the actuarial xates have been established. The City Assessor added, the total value of the home included the amount of land value and this would not;be insured, therefore the $17,500 would insure structures of greater value. !'� PUBLIC HEARING MEETING OF DECEMBER 11, 1972 Page 6 - _ Mayor Liebl said he was disappointed that there were so few people present from the F1ood Plain area. He asked if there were any people in the audience who live along Rice Creek. Mr. E. A. Petrangelo, 520 Rice Creek Terrace responded. Mayor Liebl asked him if he would purchase the insurance coverage in addition to the standard horae owners insurance. Mr. Petralgelo said he was in favor of the program but the only area of his property that would be affected by the Flood Plain Zoning would be a small portion of the back yard along the edge of the Creek. If it would affect a greater portion of the property, or if there w�as a possibility of the structure being flooded, he said he would buy the insurance, but as long as it would not, he considered it money saved. Mr. Erickson asked how this would affect future sales in the F1ood Plain area. Mr. Petrangelo, stated that no one knoc�s at this time, but he would imagine if the buyer wanted to put in a swimming pool or an addition to the home in the backyard, the restrictions placed on the property because of the rezoning would make it difficult for him to sell. Mr. Erickson asked, if knowing this he would still be in favor of the program, Mr. Petrangelo said..he would. , Mayor Liebl asked the City Engineer if the City would grant any building permits in the area, and the City Engineer answered, no. A resident asked how high the water level could be raised before damaging the homes along Rice Creek. The City Attorney said it could raise as much as fifteen feet now and this in most cases would be 20 to 30 feet into the backyards of those along the Creek. ,� Mayor Liebl stated there was a definite need to obtain more information __ about the proposed program. He added we could be preventing the people along Rice Creek from developing their land while we are protecting those in the Riverview Heights area. Mr. English stated these regulations. State Law, and Mr. Laws. that eventually the City raay be required to adopt Mayor Liebl stated that this is not spelled out in �he English replied this program would be covered by Federal � Councilman Starwalt asked what the percentage of participation was in other communities. Mr. English said the program has been in effect since 1968 and very few com*nunities have adopted it. Councilman Starwalt added it would be very helpful for us to determine the plan of action for the City if we could study what effects it has had in other communities. Eldon Schmedeke, 5900 University Avenue, Planning Commission, said that in his opinion, there are many factors and questions to be s*udied before any action can be taken. Some of his questions are as fol;ows: How many people would be interested in building one foot above floc,d level? Will it be possible to place a storage building on the rezoned land? How will this affect the young people with families in the Elood Plain area? Will it be possible to contact and inform those people concerned before the next discussion? Is the program just another form of urban renewal? � A resident asked if a home in the Flood Plain area w�re damaged by any other means such as by fire, could it be rebuilt. The City Engineer said that it would have to be built according to the new code. Mayor Liebl continued by saying that the Council will be responsib-le for n PUBLIC HEARING MEETING OF QECEhiBER 11, 1972 Page 7 . `, answering many questions before adoption or rejection of this program. He said that this could financially hurt the people in the Rice Creek area. He suggested that these questions be answered within the next two to three weeks by Mr. English. Mayor Liebl asked if there were any possibility of changing the.report from the Corps of Engineers and Mr. English replied that the repoxt was correct and developed according to the current standards. Mr. English stated that according to his knowledge, there is not a tremendaus amount of flexibility as to what area �ies in the F1ood iVay and the Flood Plain is a matter of fact. The City Attorney asked if it were possible to develop two types of zoning within the Flood Plain areas. Zone one, to carrespond to the Flood iVay building restrictions and Zone 2 to correspond with the Flaod Fringe building restrictions. �� r� I� � Mayor Liebl thanked Mr. English for providing his inside knowledge. Mr. . English stated he wished he could have been more helpful and if anyone � had more questions, they could phone him or ask him in writing and he would give them all the help possible. � The Mayor asked if the Planning Commission and any more questions. Their response was negative. He asked the Council and the audience if they had any questions. The City Assessor asked if, according to the present code, it is possible to build in the proposed F1aod Fringe area, or are there restrictions � prohibiting the issuance of building permits. The City Engineer said that the current standards are to build one foot above the 100 year flood elevation. .� Mr. Erickson stated there wer� three specific questions he would like answered: 1) Does F. H. A. b ant loans to people in the Riverview Heights area now? 2) Wou1d F. H. A. depreciate property yalue ir it were rezoned to Flood Plain? 3) lvould grivate parties and and agencies devalue property zoned as Flood Plain? MOTION by bir. Fitzgerald to close the Public Hearing of the Planning Commission. Seconded by b1r_ Zeglen. Upon a voice vote, all voting aye, Chairman Erickson declared the motion carried unanimously and their Public Hearing closed at 9:25 p.m. The Mayor asked for a motiort to ciose the Public Hearing of the City Council. He added he was surprised th€at so �ew people from the 800 or 900 in the area affected had attended the meeting. , MOTION by Councilman Mittels�adt to close the Public Hearing until more facts have been obtained anci could be presented to a g�eater number of people concerned. Seconded by Councilman :8reider. Upon a voice vote, all voting aye, �4ayor Leibl declared the motion carried unanimously and their Public Hearing closed at 9:27 p.m. __. .. � " - .�� PUBLIC HEARING MEETING OF DECEMBER 11, 1972 PAGE 12 � : MOTION by Councilman l�littelstadt to adjourn the meeting. The moti�on was seconded. Upon a voice vote, all voting aye, hfayor Liebl decl;�re� the mption carried�unanimously and the Public Hearing Meeting of Decc;n�ber 12, 1972, adjourned at 10:20 p.m. Resgectfully submitted, _� t�i'.�• t' ._ i _ ;ZLLt �./ ; . i Patricia Ellis � Frank G. Liebl Secretary to,the City Council Mayor � - , � : n _ _ , :..`...�.. , .�� n MEMO T0: Nasim M. Qureshi, City Engineer-Dir. of Planning MEMO PROM: Jerry Boardman, Pla.nning Assistant _- 7�fEM�DATE: January 3, 1973 ,_ _ _ � ---- RE: Flood Plain Insurance According to Jack Gilberson, the head of FHA Single Family y� Resiaential Mortgage Loan Department, the agency bases the decision of granting loans on the studie5 by the Army Corps of Engineers ____�.__ Qn�he_�ossibi.lit�__of flooding_ _ He said they wi11 not grant loans in the flaod potential areas whether there is flood plain zoning and flood insurance or not. The devaluation of property in or along a flood potential area is determined only by marketability � studies by their office. He said this is generally how private agencies also handle it. ►- Jim Wright, Stafie Department of Natural Resources, checked with HUD on the amount of insurance money that would be paid ____if the structure was more than_50 per cent damaged and the occupant was unable to rebuild because of the rezoning to flood plain and they said that the insurance would pay only that -per centage which was damaged; but not more then the limit of �, the coverage. ; . �_ �... _/ / - �'' + �?� �' �:-, 1 s_^ ` E Y �BO�x���a�v � P anning Assistant JB/nj c � �