HomeMy WebLinkAbout8A - Flood Plain Regulations
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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
8A
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF ORDINANCE #97-XX
AMENDING THE FLOOD PLAIN REGULATIONS OF THE
CITY RELATING TO THE ESTABLISHMENT OF THE
OFFICIAL FLOOD MAP, THE FLOOD PROTECTION
ELEVATION, AND NONCONFORMING STRUCTURES
NOVEMBER 17,1997
The purpose of this item is to consider approval of several
amendments to Title 5A (Flood Plain Regulations) of the City
Code. The proposed amendments relate to the references to
Minnesota Statutes, the establishment of the official flood
maps, the flood protection elevation, and nonconforming
structures.
Some time ago, the City of Prior Lake submitted a revised
flood study to the Federal Emergency Management Agency
(FEMA). The purpose of this study was to revise the flood
elevations and the flood plain boundaries based on the outlet
in Prior Lake. As a result of this study, the 1 OO-year flood
elevation on Prior Lake was reduced from 909.3' to 908.9' and
some properties have been removed from the flood plain.
FEMA recently approved this revised study and has issued
new Flood Insurance Rate Maps for the City of Prior Lake.
The approval of this new study, as well as recent changes to
the State statutes, trigger the need for some changes to the
Flood Plain regulations. We had hoped to incorporate these
changes into the new zoning ordinance, but the time
constraints require that these amendments be done
separately. The revised flood maps have an effective date of
November 19, 1997; FEMA requires that the City flood plain
regulations be revised prior to the effective date of the new
maps.
The proposed amendments are a result of the revised Flood
Insurance Rate Map and 1997 changes to State Statutes.
Most of the amendments proposed are minor and are
essentially "housekeeping" items. These amendments include
the following:
· Section 5A-1-1 (A): Change the reference to Minnesota
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16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Statutes from Chapter 104 to Chapter 1 03F.
. Section 5A-1-2 (A) and Section 5A-1-4 (A): Change the
reference to flood zones from Zone A2 and A7 to Zone AE
and A.
. Section 5A-1-2 (B): Change the date of the official map to
November 19,1997.
The major changes to the ordinance are a result of the action
by the State Legislature. The Minnesota Flood Plain
Management Act requires that all local communities subject to
flooding adopt a flood plain ordinance consistent with the
State law.
In the 1997 session, the legislature reinstated a mandatory
one foot of freeboard for the flood protection elevation.
Freeboard is a term used to identify a factor of flood protection
or safety usually identified in feet above the flood elevation.
Freeboard compensates for unknown factors, such as waves,
ice and debris, that may increase flood levels above the
calculated elevations. The freeboard requirement was a part
of the original flood plain requirements, but was removed from
the State law several years ago. The City of Prior Lake
removed the freeboard requirement from the local flood plain
regulations on September 17, 1990. The result of the
legislatures' 1997 action is that the definition of the Flood
Protection Elevation must be revised so that it is at least one
foot above the flood elevation. For example, on Prior Lake,
structures must be flood protected to 909.9' instead of 908.9
feet.
One City concern is the fact that this new State mandated
requirement will make structures in Prior Lake built after 1990
nonconforming. The Minnesota Department of Natural
Resources agreed with this concern and has drafted language
which specifically notes that the flood protection elevation for
structures built between September 17, 1990, and the
effective date of the new ordinance does not include the one
foot of freeboard. This language allows these structures as
conforming uses, unless the structure is removed for
redevelopment of the property. This effectively addresses the
concerns many appraisers and insurance companies have
about nonconforming structures.
Planning Commission Recommendation: The Planning
Commission reviewed the proposed amendments at a public
hearing on October 13, 1997. The attached minutes of the
Planning Commission meeting summarize the discussion of
this matter. The Commission recommended approval of
these amendments, recognizing that the amendments are
mandated by State Statute and the Federal Emergency
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Page 2
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Management Agency. The Planning Commission also asked
the staff to notify the Watershed District and the Lake
Advisory Committee of these amendments, and to solicit their
comments prior to the Council meeting.
The Planning staff sent a letter to the Watershed District and
the Lake Advisory Committee requesting their input on this
matter. At the time this report was written, no comments had
been received from either of these groups.
ISSUES:
At the Planning Commission meeting, there was considerable
discussion about the effect of the 1997 State legislation on the
100 year flood elevation. It is important to remember that the
revised flood study actually lowered the 100 year flood
elevation on Prior Lake from 909.3' MSL to 908.9' MSL, and
as a result, some structures were removed from the flood
plain. The increase in the flood protection elevation as a
result of the freeboard requirement does not affect any
structure located outside of the flood plain. The only
structures which are affected by this requirement are those
structures located within the flood plain and with a lowest floor
elevation below the 908.9' elevation.
There was also considerable discussion about the rationale
for exempting structures built between September 17, 1990,
and November, 1997, from the freeboard requirement. In
order to understand this reasoning, it is necessary to give a
brief background on flood regulations. Prior to 1978, the City
had not adopted any flood plain regulations, so structures built
up to that time have probably not been f1oodproofed, and most
have a lowest floor elevation below the 100 year flood
elevation (currently 908.9'). Between 1978 and September
17, 1990, any structure built in the flood plain should have
been flood protected to the flood protection elevation, which
was one foot above the flood elevation (910.3'). Structures
built in the flood plain from September 17, 1990 to the present
should have been flood proofed to the 100 year flood elevation
which was 909.3 feet. Under the new legislation, these latter
structures become nonconforming because the lowest floor is
less than 909.9 feet. By exempting these structures from the
freeboard requirements, we recognize first of all, that the
structures were built in conformance with the flood plain
regulations in effect at the time, and secondly, that there is at
least 6" of freeboard built into the structure because of the
higher flood elevation in effect at that time.
The Planning Commission also discussed whether or not the
City should devote our time to eliminate the potential for
flooding on Prior Lake instead of amending the flood plain
regulations. The Watershed District is presently doing a
comprehensive study which will include a review of options for
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Page 3
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
reducing the flooding potential on all of the lakes in the
watershed. It is possible to do a project which can reduce the
flooding potential; however, such a project takes a great deal
of time and money to implement. If such a project were to
occur in the future, the City would again review the flood plain
regulations.
Finally, there is the question of the timing of these regulations.
The new Flood Insurance Rate Maps are effective on
November 19, 1997. If the City fails to adopt the amendments
by this date, we run the risk of being suspended from the
National Flood Insurance Program. As stated in the attached
letter from FEMA, if we are suspended from this program, any
federal loans, grants, insurance, and so on could not be
approved for any property within the flood plain in the City.
1. Adopt the amendment to the Flood Plain Regulations as
proposed or with specific changes directed by the Council.
2. Further discuss this issue and direct the staff to provide
additional information to the City Council. It must be noted
that the amendments must be adopted by the City Council
by November 19, 1997, so that the City's participation in
the National Flood Insurance Program is not jeopardized.
3. Deny the proposed amendment. It must be noted that the
amendments must be adopted by the City Council by
November 19, 1997, so that the City's participation in the
National Flood Insurance Program is not jeopardized.
Adopt Alternative #1. The proposed amendments are
required by the Federal Emergency Management Agency and
Minnesota State statute.
A motion and second to approve the proposed ordinance. If
the Council chooses to adopt this ordinance, this action
requires a 4/5 vote of the Council.
1. Proposed Ordinance
2. Minutes of October 13, 1997 Planning Commission
Meeting
3. Planning Report dated October 13, 1997
4. Letter from FEMA
5. Letter to the Watersh Lake Advisory
Committee
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Page 4
CITY OF PRIOR LAKE
ORDINANCE NO. 97- XX
AN ORDINANCE AMENDING TITLE SA (FLOOD PLAIN REGULATIONS) OF
THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Section 5A-1-1 (A) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Statutory Authorization: The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter I03F and 462 (Zoning Enabling Statute)
delegated the responsibility to local government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of Prior
Lake, Minnesota does ordain as follows:
Section 5A-1-2 (A) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Lands To Which Ordinance Applies: This ordinance shall apply to all
lands within the jurisdiction of Prior Lake, Minnesota, shown on the Flood
Insurance Rate Map, and the attachments and amendments thereto, as
being located within the boundaries of areas designated as Zone AE or
Zone A.
Section 5A-1-2 (B) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Establishment of Official Map: The Flood Insurance Study and Flood
Insurance Rate Map for Prior Lake, Minnesota, both dated November 19,
1997, and any amendments thereto, are hereby adopted by reference and
declared to be a part of this Ordinance. The Official Map shall be on file
in the offices of the City of Prior Lake Planning Department.
Section 5A-1-2 (C) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
The Regulatory Flood Protection Elevation shall be an elevation at least
one foot above the Regional Flood (to the nearest one-tenth foot as
indicated in the Flood Insurance Study Text) plus any increase in flood
1:\97fi1es\97ordamd\zoniqg\97-090\ord97xx.doc PAGE 1
16200 Eagle Creek Ave. S.t... Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.'
elevation caused by encroachments on the flood plain authorized by this
ordinance. For structures constructed between September 17, 1990 and
the effective date of this ordinance, the Regulatory Flood Protection
Elevation does not have to include the one foot of freeboard noted in this
paragraph unless the existing structure has been removed as part of the site
redevelopment.
Section 5A-I-3 (Definitions) of the Prior Lake City Code is hereby amended by deleting
the existing definition for Regulatory Flood Protection Elevation and inserting the
following language:
REGULATORY FLOOD PROTECTION ELEVATION: The Regulatory
Flood Protection Elevation shall be an elevation at least one foot above the
Regional Flood (to the nearest one-tenth foot as indicated in the Flood
Insurance Study Text) plus any increase in flood elevation caused by
encroachments on the flood plain authorized by this ordinance. For
structures constructed between September 17, 1990 and the effective date
of this ordinance, the Regulatory Flood Protection Elevation does not have
to include the one foot of freeboard noted in this paragraph unless the
existing structure has been removed as part of the site redevelopment.
Section 5A-I-4 (A) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Flood Plain District: The Flood Plain District shall include those areas
designated as Zone AE or Zone A on the Flood Insurance Rate Map
adopted in subsection 5A-I-2 (B).
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council ofthe City of Prior Lake this 17th day of November, 1997.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1997.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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PAGE 2
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4A
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE FLOOD PLAIN REGULATIONS OF THE CITY
CODE RELATING TO THE ESTABLISHMENT OF THE
OFFICIAL MAP, THE FLOOD PROTECTION
ELEVATION AND NONCONFORMING STRUCTURES
(Case File #97-025)
JANE KANSIER, PLANNING COORDINATOR~
lYES _NO -0
OCTOBER 13, 1997
The purpose of this public hearing is to consider several amendments to Title 5A
(Flood Plain Regulations) of the City Code. The proposed amendments relate
the references to Minnesota statutes, the establishment of the official map, the
flood protection elevation and nonconforming structures.
BACKGROUND:
Some time ago, the City of Prior Lake submitted a revised flood study to the
Federal Emergency Management Agency (FEMA). The purpose of this study
was to revise the flood elevations and the flood plain boundaries based on the
outlet in Prior Lake. As a result of this study, the 1 OO-year flood elevation on
Prior Lake was reduced from 909.3' to 908.9'. FEMA recently approved this
revised study and has issued new Flood Insurance Rate Maps for the City of
Prior Lake.
The approval of this new study, as well as recent changes to the State statutes,
trigger the need for some changes to the Flood Plain regulations. We had hoped
to incorporate these changes into the new zoning ordinance, but time constraints
require that these amendments be done separately.
1:\97fi!.es\97 ordamd\zoniog\97 -090\97090pc.doc Pagel 1
16200 Eagle Creek Ave. S.E.. Vrior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
The specific language for the amendments is included in the attached draft
ordinance. Most of the amendments proposed are minor and are essentially
"housekeeping" items. These amendments include the following:
1. Section 5A-1-1 (A): Change the reference to Minnesota Statutes from
Chapter 104 to Chapter 1 03F.
2. Section 5A-1-2 (A) and Section 5A-1-4 (A): Change the reference to flood
zones from Zone A2 and A 7 to Zone AE and A.
3. Section 5A-1-2 (8): Change the date of the official map to November 19,
1997.
The major changes to the ordinance are a result of the action of the State
Legislature. In the 1997 session, the legislature reinstated a mandatory l' of
freeboard for the flood protection elevation. The result of this action is that the
Flood Protection Elevation must be at least one foot above the flood elevation.
For example, on Prior Lake, structures must be flood protected to 909.9' instead
of 908.9 feet.
This freeboard requirement was removed from the state law several years ago,
and the City of Prior Lake removed it from the local flood plain regulations on
September 17, 1990. One of our concerns was the fact that this new
requirement will make structures built after 1990 nonconforming. The Minnesota
Department of Natural Resources agreed with the staffs concerns. The DNR
has drafted language which specifically notes that the flood protecti(~m elevation
for structures built between September 17, 1990, and the effective date of the
new ordinance does not include the one foot of freeboard. This language allows
these structures as conforming uses, unless the structure is removed for
redevelopment of the property. This effectively addresses the concerns many
appraisers and insurance companies have about nonconforming structures.
ALTERNATIVES:
1. Recommend the Council approve the amendments as proposed, or with
changes specified by the Planning Commission.
2. Recommend the Council deny the proposed amendments.
3. Table or continue discussion of the item for specific purpose. It must be
noted that the amendments must be adopted by the City Council by
November 19, 1997, so that the City's participation in the National Flood
Insurance Program is not jeopardized.
I :\97files\97 ordamd\zoning\97 -090\97090pc. doc
Page 2
RECOMMENDATION:
The proposed amendments are required by the Federal Emergency
Management Agency and Minnesota State statute. Staff recommends
Alternative #1 .
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendments.
REPORT ATTACHMENTS:
1. Draft Ordinance Language
2. Letter from DNR
3. Hearing Notice
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Page 3
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CITY OF PRIOR LAKE
ORDINANCE NO. 97- XX
AN ORDINANCE AMENDING TITLE 5A (FLOOD PLAIN REGULATIONS) OF
THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain:
Section 5A-l-l (A) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Statutory Authorization: The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and 462 (Zoning Enabling Statute)
delegated the responsibility to local government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of Prior
Lake, Minnesota does ordain as follows:
Section 5A-1-2 (A) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Lands To Which Ordinance Applies: This ordinance shall apply to all
lands within the jurisdiction of Prior Lake, Minnesota, shown on the Flood
Insurance Rate Map, and the attachments and amendments thereto, as
being located within the boundaries of areas designated as Zone AE or
Zone A.
Section 5A-1-2 (B) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Establishment of Official Map: The Flood Insurance Study and Flood
Insurance Rate Map for Prior Lake, Minnesota, both dated November 19,
1997, and any amendments thereto, are hereby adopted by reference and
declared to be a part of this Ordinance. The Official Map shall be on file
in the offices of the City of Prior Lake Planning Department.
Section 5A-1-2 (C) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
The Regulatory Flood Protection Elevation shall be an elevation at least
one foot above the Regional Flood (to the nearest one-tenth foot as
1:\97 files\97 ordamd\zoning\97 -090\draftord. doc
PAGE 1
indicated in the Flood Insurance Study Text) plus any increase in flood
elevation caused by encroachments on the flood plain authorized by this
ordinance. For structures constructed between September 17, 1990 and
the effective date of this ordinance, the Regulatory Flood Protection
Elevation does not have to include the one foot of freeboard noted in this
paragraph unless the existing structure has been removed as part of the site
redevelopment.
Section 5A-1-3 (Definitions) of the Prior Lake City Code is hereby amended by deleting
the existing definition for Regulatory Flood Protection Elevation and inserting the
following language:
REGULATORY FLOOD PROTECTION ELEVATION: The Regulatory
Flood Protection Elevation shall be an elevation at least one foot above the
Regional Flood (to the nearest one-tenth foot as indicated in the Flood
Insurance Study Text) plus any increase in flood elevation caused by
encroachments on the flood plain authorized by this ordinance. For
structures constructed between September 17, 1990 and the effective date
of this ordinance, the Regulatory Flood Protection Elevation does not have
to include the one foot of freeboard noted in this paragraph unless the
existing structure has been removed as part of the site redevelopment.
Section 5A-1-4 (A) of the Prior Lake City Code is hereby amended by deleting the
existing language and inserting the following language:
Flood Plain District: The Flood Plain District shall include those areas
designated as Zone AE or Zone A on the Flood Insurance Rate Map
adopted in subsection 5A-1-2 (B).
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of November, 1997.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1997.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Pnor Lake. :V1N jj37:
1:\97 files\97 ordamd\zoning\97 ..Q90\draftord.doc
PAGE 2
DNR WATERS
Fax:612-296-G445
Oct 6 '97 13:32
P.02/03
Minnesota Department of Natural Resources
j()() l....:Jfilyo=lle Roar.)
SI. ?:lui. MinnesotH 55 J55-40_
Jane A. Kansier, AlCP
Planning Coordinator
16200 Eagle Creek. A Vie. SE
Prior Lake, 'MN 55372-1714
Dear Ms. Kansier:
FLOODPLAIN ORDINk"l'CE REVISION
The Federal Emergency Management Agency (FENL.:\) has completed a Flood Insurance Resmdy
for the City of Prior Lak;:: with an effective date of November 1 g 1 QQ'7 "Ry th::!T rlatc FE.Y1A has
requested that the City make all neces~~Jloodplaln ordinance revisions consistent with minimum
state and federal standards.
Torn Lutgen and 1 recently met with Don Rye at Prior Lake City Hall to discuss this issue. The
following revisions to Ordinance 90-04 (Floodplain Management Ordinanc..:e) were discussed with
Mr. Rye:
Section 1.1 ST A Tt7TORY A ITTHORTZA TTON: Change the reference to Minnesota Statute
Chapter 104 co Minnesota. Statute Chapter 103F;
- Section 2.1 LANDS TO WHICJ-! ORDINi"u'iCE APPLIES: Reword as follows: 'This ordinance
shall apply to all lands within the jurisdiction of Prior lake, Y.1innesota sho\Vn on the Flood
Insurance Rate Map and the attachments thereto as being located within the boundaries of the
i:lIea designated as Zone AE or Zone A;
- Section 2.2 EST ART .ISH"MENT OF OFFTCT A L MAP: Reword as follows: Toe Flood Insurance
Study and Rood Insurance Rate Map for Prior Lake, Minnesota, both dared November 19, 1997,
are hereby adopted by reference and declared to be a. part of this Ordinance. The Official Map
shall be on file in the Office of the Director of Planning;
- Section 2.3 REGULATORY FLOOD PROTEcnON ELEVATION & Section 3
DEFINITIONS (i.e., Definition of REGULATORY FLOOD PROTECTION ELEVATION).
The summer 1997 legislative session reinstated a mandatory I' of freeboard for this definition.
Mr. Rye indicated that the City of Prior Lake does not want to make existing Structures
nonconforming (by virtue of vertical elevation) that were constructed when this additional fom of
freeboard was optional. Therefore, reword this section as follows: Generally, the Regulatory
Flood Protection Elevation shall be an devacion at least one foot above the Regional Flood (to the
nearest om::-tenth root as indicated in the Flood Insurance Srudy Text) plus any increase in flood
[JNR [nforn~:l[i,)l1: (II :'-290-0 [5 i, : .!iOO.76ti.6000 . TT Y: (I i :-::')1i-5~84. I .1SU()-(,37 -;')'29
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DNR WRTERS
Fax:612-296-D445
Oct 6 '97 13:32
P.03/03
October 6, 1997
Page 2
elevation caused by encroachments in the floodplain authorized by this ordinance. For structUres
constructed between September 17, 1990 and the effective date of this Ordinance, the Regulatory
Flood Protection Elevation does not have to include the one foot of freeboard noted in the
previous sentence unless the existing strUctuIe has been removed as part of site redevelopmem;
and
- Section 4.1 FLOODPL.ArN DISTRICT: Reword as foHows: The Floodplain District shall
include those areas designated a Zone AE or Zone A on the Flood Insurance Rate Map adopted
In Section 2.2.
Feel free to call me at (612) 297-4602 if you have any questions in this matter.
Sincerel y,
DMSION OF WATERS
fl-4 ~~~
Bret Anderson, Planner
0.:: Tira Miller
Dale Homuth
Pat Lynch
NOTICE OF PlJBLIC HEARING TO CONSIDER AN A.J.Y1ENDlVIENT TO TITLE
SA (FLOOD PLAIN REGULATIONS) OF THE CITY CODE RELATING TO
THE ESTABLISHMENT OF THE OFFICIAL lVlAP, THE FLOOD
PROTECTION ELEVATION, AND NONCONFORJ."IING STRUCTURES
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE, on Monday,
October 13, 1997, at 6:30 p.m. or as soon thereafter as possible. The purpose of the
public hearing is to consider amendments to Title 5A (Flood Plain Regulations) of the
City Code relating to the following provisions:
1. Establishment of the Official Map: The Flood Insurance Rate Map has been revised
and the new date will be November 17, 1997.
2. The Flood Protection Elevation: Revise the current flood elevations based on the map
revisions and revise the ordinance to reflect the recent State legislation requiring the
flood protection elevation to be at least one foot above the regulatory flood elevation.
3. Nonconforming Structures: Language will be added to note that any structure built
under the current flood regulations, and without the additional one foot of flood
protection, will not be considered a nonconforming structure.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior Lake Planning Department at
447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 24th day of September, 1997 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AL"IERICA1~ ON SEPTElYffiER 27,
1997
1:\97fiI>$\97Qrd~md\zo..l)io.g\97-090\97090pn,do.c _ ~ ~
16200 Eagle \....reeK Ave. ::'.t... Prior Lake, Minnesota 5.:>3/2-1/14 / Ph. (612) 447-4230 / Fax (612) 447-424,5
,AN ::QL'AL OPPORTLNITY E:'IPLOYER
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PLANNING COMMISSION MINUTES
OCTOBER 13, 1997
1. Call to Order:
The October 13, 1997, Planning Commission meeting was called to order by Chairman
Stamson at 6:30 p.m. Those present were Commissioners Cramer, Criego, Kuykendall,
Stamson and Vonhof, Director of Planning Don Rye, Planning Coordinator Jane Kansier,
and Recording Secretary Connie Carlson.
2. Roll Call:
Cramer
Kuykendall
Criego
V onhof
S tamson
Present
Present
Absent
Absent
Present
Commissioners Criego and Vonhof arrived at 7:31 p.m.
3.
Approval of Minutes:
September 8 and September 22, 1997
MOTION BY KUYKENDALL, SECOND BY CR...\MER, TO ADOPT BOTH SETS OF
MINUTES.
V ote taken signified ayes by all. MOTION CARRIED.
4. Public Hearings:
A. Case #97-090 NOTICE OF PUBLIC HEARING TO CONSIDER AN
Al\1ENDMENT TO TITLE 5A (FLOOD PLAIN REGULATIONS) OF THE
CITY CODE RELATING TO THE ESTABLISHMENT OF THE OFFICIAL
MAP, THE FLOOD PROTECTION ELEVATION, Al'ID
NONCONFO~VllNGSTRUCTURES
The hearing was opened to the public and a sign-up sheet was circulated to the public in
attendance.
Commissioner Stamson read the public hearing statement.
Planning Coordinator Jane Kansier presented the staff report dated October 13, 1997.
The public hearing is to consider several amendments to Title 5A (Flood Plain
Regulations) of the City Code. The proposed amendments relate the references to
Minnesota statutes, the establishment of the official map, the flood protection elevation
and nonconforming structures.
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Some time ago, the City of Prior Lake submitted a revised flood study to the Federal
Emergency Management Agency (FEMA). The purpose was to revise the flood
elevations and the flood plain boundaries based on the outlet in Prior Lake. As a result of
this study, the 100-year flood elevation on Prior Lake was reduced from 909.3 feet to
908.9 feet. FEMA recently approved this revised study and has issued new Flood
Insurance Rate Maps for the City of Prior Lake.
The approval of this new study, as well as recent changes to the State statutes, trigger the
need for some changes to the Flood Plain regulations. The City had hoped to incorporate
these changes into the new zoning ordinance, but time constraints require these
amendments be done separately.
Most of the amendments proposed are minor and are essentially "housekeeping" items.
These amendments include the following:
1. Section 5A-l-1 (A): Change the reference to Minnesota Statutes from Chapter
104 to Chapter 103F.
2. Section 5A-I-2 (A) and Section 5A-I-4 (A): Change the reference to flood zones
from Zone A2 and A 7 to Zone AE and A.
3. Section 5A-I-2 (B):
Change the date of the official map to November 19, 1997.
The major changes to the ordinance are a result ofthe action of the State Legislature. In
the 1997 session, the legislature reinstated a mandatory 1 foot of freeboard for the flood
protection elevation. The result of this action is that the Flood Protection Elevation must
be at least one foot above the flood elevation.
This freeboard requirement was removed from the state law several years ago, and the
City of Prior Lake removed it from the local flood plain regulations on September 17,
1990. One of the City's concerns was the fact this new requirement will make structures
built after 1990 nonconforming. The Minnesota Department of Natural Resources agreed
with the staff's concerns. The DNR has drafted language which specifically notes the
flood protection elevation for structures built between September 17, 1990, and the
effective date of the new ordinance does not include the one foot of freeboard. This
language allows these structures as conforming uses, unless the structure is removed for
redevelopment of the property. This effectively addresses the concerns many appraisers
and insurance companies have about nonconforming structures.
Staff's recommendation was to approve the amendments as proposed, or with changes
specified by the Planning Commission.
Commissioner Kuykendall questioned jeopardizing the dollar value to the City with the
National Flood Plain's Insurance Program. Rye explained it was not in terms of dollar
value to the City - what it means the City would loose its eligibility where no one can buy
flood insurance.
L:\97FILES\97PLCOMM\PCMIN\MNIOI397.DOC 2
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Comments from the Public:
Rick Johnson, 5283 Frost Point Circle, questioned how many people this affects. He
guesses it is around 100 to 200 homes. Johnson realizes ordinances change over time.
He gave an example of lake elevation changes in the last 10 months.
Johnson went on to say Planning Director Rye was able to work with the DNR and
isolate a group of people who built (on the lake) between 1990 and the proposed effective
date. Those people are excluded from the one foot freeboard. The State changed the rule
in 1980. Johnson said his understanding is City ordinances cannot be more restrictive
than State ordinances and felt this was against the law and should be corrected. He feels
other lakeshore residents who built homes before 1990 are being penalized.
Rye explained homes built before 1978 were not under the Flood Plain Ordinance. Prior
to 1978 there was no Flood Plain Ordinance or regulations.
Johnson said when he bought his home he did not know it was in the flood plain and feels
his home value has decreased and feels restricted on remodeling. He also felt hardship on
replacing his home if it burns down. Johnson said his property is non-buildable and is
taxed higher than his neighbors. He thinks the City made a major mistake allowing his
house to be built in 1974. Johnson questioned why people from 1990 to the current date
allowed to build, when the other people who followed the City at the time penalized.
Kansier said the rationale is the homes built between 1990 and the current date were built
at or above the flood elevation and should not be subject to flooding. Whereas homes
built prior to 1978 were most likely not built to the flood elevation and would be subject
to flooding.
Johnson summarized by saying a letter should have gone out to alllakeshore residents
affected in the flood plain. The City should lower the overall flood elevation and upgrade
the outlet. It is up to the City to fix it. Prior Lake should vision for growth.
Rye and Kansier clarified the 100 year flood elevation and freeboard. They went on to
explain the State legislature is regulating what the City is doing. The City does not have
an option. If the City does not participate, they will not be able participate in the Flood
Insurance program and the residents will not be able to buy flood insurance.
John Titus, 5331 Frost Point Circle, called the Department of Natural Resources (DNR)
and talked to Bret Anderson who indicated to him the primary reason for the increase in
the flood plain was because of Prior Lake's massive growth and anticipated growth. The
impervious surface will cause more potential runoff and flood damage. There have been
many discussions on the flood plain. Titus asked Mr. Anderson (DNR) what could be
done to alleviate the problem. Anderson gave the City of Buffalo as an example of
flooding. Titus suggested a spill way, letting the high water out of the lake. Titus
questioned if anyone has done a study to construct such a spill way. How can the City
exempt a few people from building since 1990 and not jeopardize the insurance?
L:\97FILES\97PLCOMM\PCMIN\MN 1 0 1397,DOC 3
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Commissioner V onhof explained Prior Lake is the end of the watershed. People do not
realize what the watershed is comprised of and Prior Lake is one element of the entire
watershed.
Rye addressed the changes in ordinances and that the Watershed is currently revising and
updating their plans. The solution Mr. Titus is proposing is going to cost a lot of money.
The City does not know the Watershed's timeline.
Rick Johnson, 5283 Frost Point, noticed in the City's ordinance verbiage, "generally" is
omitted from the DNR's.
Commissioner Stamson explained it was too vague and up to interpretation.
Mark Kubes, 5527 Frost Point, questioned the one foot freeboard affecting the flood
elevation. Rye and Kansier explained the flood plain regulations and insurance. The
ordinance is allowing the City and residents eligible for flood insurance. The DNR's
concern is preventing flood damage and safety. Their goal is to minimize damage to
property. The additional foot of freeboard is an additional foot of protection for everyone
involved. Mr. Kubes questioned remodeling and regulating Spring Lake flowing into
Prior Lake. Rye addressed the remodeling and explained the Planning Commission does
not address lake regulations. The Watershed District takes care of the entire watershed
area.
Commissioner Cramer asked staff for clarification on the legislation and the Army Corps
of Engineers. Rye explained the flood plain management program authorized by FEMA.
Every city has to be in compliance to be in the program to get flood insurance.
Rick Johnson stated he does not understand the FEMA map or the dates. Johnson said he
talked to a civil engineer who told him the City cannot have more restrictive ordinances
than the State. Again, Rye explained the flood plain and the amendments.
Commissioner Criego clarified that anyone building between 1978 to 1990, should be
above the flood elevation. Buildings from 1990 to 1997, are covered under exemption.
Paul Kramer, 15310 Edgewater, said he came not knowing a lot about the issue but now
has a better understanding. He feels there should be more research and information
before a determination is made. Johnson questioned how many people were affected?
Rye asked what does he mean ''who is affected?" Kramer felt if you built before 78 you
are forced to get insurance. Rye said nobody is forcing anyone to get insurance. The
mortgage companies may require it. It is not a requirement of either the City or State.
The revised flood study took some people out of the flood plain.
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Commissioner Criego clarified you do not have to get insurance if you are over the 908.9.
It only is restricted the degree of protection to your property. The City is following the
State guidelines for new structures in the flood plain.
Rye explained the City adopts rules consistent with the State regulations. The State
adopts a set of flood plain regulations. The City has to adopt a flood plain ordinance
consistent with those regulations. By doing so the City has made the property owners in
the community eligible to receive flood insurance. The City is not involved in providing
insurance. That is between the property owner and their insurance agent.
Rye gave examples of providing protection in the flood plain. Basically elevate.
Bob Bickett, 5241 Frost Point Circle, asked the Commissioners not to railroad the
citizens and give them time to understand what was going on. He knew this notice was in
the paper but did not understand what was going to be discussed tonight and that it was
going to affect everyone on the lake. His house was built in 1982 and stated he does not
know how to read the FEMA map. Bickett said he does not feel residents should have to
hire an engineer to figure out if they comply or not and the homeowners should be
notified by letters. The citizens would like to improve the value of their homes.
John Titus, 5331 Frost Point Circle, commented he asked Bret Anderson from the DNR
for clarification of the freeboard number. His understanding of the 908.9 is the average
water depth. We are all envisioning a perfectly pristine body of water which doesn't exist
in the real world. Ifwe have a 2 foot wave then one foot above that is the peak of the
wave and all of us want to be out of the wave. It is a practical thing to add a foot to it.
The public hearing was closed at 7:35 p.m.
Comments from Commissioners:
V onhof:
. Lives in the flood plain and explained his experience with FEMA. He applied for a
LOMA (Letter of Map Amendment) through FEMA.
. He also explained to the public how to deal with FEMA.
. No private insurance company can write insurance outside a flood zone. If you are
not in the flood zone and try to get them to write a policy for you, they won't. That is
part of the issue why this is very critical.
. FEMA is a national program and is largely supported by our federal tax dollars.
Everyone should be concerned about this - even those who are not impacted.
. The statutory change is correct. It makes sense.
. Redating the map is fine. Verbiage is okay.
. Asked staff with the one foot freeboard if the flood zones changed. Staff said zones
have been reduced.
. Pointed out the ever changing lake elevations.
. The only impact is the structures below the 908.9.
L\97FILES\97PLCOMM\PCMIN\MNIOIJ97,DOC 5
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Kuykendall:
· The issue of notification of residents - the City follows the legal process. The time
and cost to the City to locate lakeshore property owners, especially absentee property
owners would be very high. Anything controversial hits the press.
· Did not have time to'look into the matter until a few days ago, not against tabling.
. He would rather be informed from the Watershed District.
· The Watershed has the ability to tax the infrastructure but what is the impact?
· The staffkeeps the Commissioners informed from other Prior Lake Advisory Boards.
· The Planning Commission and staff have been planning for growth. The Planning
Commissioners cannot control what goes on outside the city limits.
· More research has to be done by the Watershed District.
· Fewer people are impacted today with the proposal. It was more restrictive. This is
an improvement.
Criego:
· The new zoning ordinance public hearing is continued to November 24, 1997.
· The proposal does not affect the insurance.
· The problem is if you are in a flood plain and want to make changes to your home
you have to have protection.
. Clarifications of improvements.
· The State is dictating what has to be done. People in the flood plain need insurance.
Cramer:
· Greatest concern is the people who need flood insurance can still get flood insurance.
· Concurs with the rest of the Commissioners.
Stamson:
· The DNR has given their blessing on exempting the properties built from 1990.
· Not all houses built before 1978 are in the flood plain.
. Support the amendments.
O{>en Discussion:
Kuykendall:
· Thanks to staff for being sensitive with this issue and for getting the DNR to agree to
the amendments. It is a very positive move for the community. They were pro-active
with another agency.
· This is probably a communication issue. It has taken me an hour and a half to get to
this level of understanding. It has been very useful to me as an individual.
· Questioned the need to act on it tonight other than tabling to a future date.
. Appreciates all the information.
· Rye explained the City had to act on by November 17, 1997, to comply with FEMA.
· Feels the meeting should be continued to explain the process to the lakeshore public.
L:\97FILES\97PLCOMM\PCMIN\MN 1 0 1397 ,DOC
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Rye explained the legal process and time lines by the Federal, State and City
governments.
V onhof:
. Feels it should not be delayed.
. Direct staff to send a letter to the Watershed and Lake Advisories for their input.
Cramer:
. Cannot support delaying this issue. The problems it will cause is too important due to
the lack of communication.
Stamson:
. The State is still mandating what the City has to do. But faced with the time
constraints, we have to vote on it.
Kuykendall:
We have to act on this as proposed but the question was one of timing. I thought time
would be available without a special meeting to give a better understanding or education
to the public. This should be discussed in a summary with graphics for lO minutes at the
next meeting. Weare caught in a time frame.
There was a brief discussion on tabling the issue and [mally a decision made to make a
recommendation and have an informational update with the Watershed at the next
Planning Commission meeting October 27, 1997.
Vonhof:
. Do not delay.
. Suggest staff invite the Watershed District and Lake Advisory to comment on this
change of regulations to go to City Council.
. This should have been included before. The Watershed engineer should have been
here and would have been able to address a number of issues that came up.
Cramer:
. It is more important we address the issue right now. Appreciates the fact some people
feel it is ramroded through.
. Agreed with Commissioner V oOOof, the Commissioners just found out about this
Issue.
. There is no benefit to waiting, the ramifications are far greater if residents cannot get
flood insurance.
Stamson:
. We can discuss this all we want but the fact is the State says here is what the City has
to do. The outcome is going to be the same.
. Understands the residents concern, and it would be nice to let them voice their
frustrations but the outcome will be the same.
L\97FILES\97PLCOMM\PCYiIN\J.'vINIO 1397 .DOC 7
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MOTION BY VONHOF, SECOND BY KUYKENDALL, TO RECOMl\1END TO THE
CITY COUNCIL APPROVAL OF THE AMENDMENTS AS PROPOSED. THE
PLANNING COMMISSION ALSO REQUESTED THE FOLLOWING: 1) STAFF
SEND LETTER TO THE WATERSHED DISTRICT REQUESTING COMMENTS ON
THESE CHANGES WITH THEIR RECOMMENDATIONS TO BE FORWARDED TO
THE CITY COUNCIL; 2) STAFF SEND A LETTER TO THE LAKE ADVISORY
COMMITTEE REQUESTING COMMENTS TO THE CHANGES WITH THEIR
RECOMMENDATIONS TO BE FORWARDED TO THE CITY COUNCIL; 3) AN
INFORMATIONAL DISCUSSION ON FLOOD PLAIN ISSUES AT THE NEXT
PLANNING COMMISSION MEETING ON OCTOBER 27, 1997, WHICH WOULD
INCLUDE THE WATERSHED AND LAKE ADVISORY CO:M:MITTEE.
Commissioner Criego added the City Council should be prepared to accept testimony
relating to this amendment.
Vote taken signified ayes by all. MOTION CARRlED.
A break was called at 8:14 p.m. The meeting reconvened at 8:20 p.m.
5. Old Business:
Kuykendall questioned Item 8 of the Minutes from September 8, 1997, regarding the lake
tour homes that were not in compliance. Rye said staff did not have the specific
addresses of those home. Kuykendall stated he wanted the Minutes to reflect he is still
waiting for an answer from staff. "The Planning Commission spent time and effort to go
out and it was not get properly recorded as I was lead to believe. If! have to climb out of
the boat and get some of these addresses I am going to do it. But I want to know this in
advance. Time is being wasted on this stuff. I consider that lake trip very important. I
guess we'll go out in a January storm and walk up and look at these addresses. I am
disappointed. I would appreciate to have minutes from the tour for our next meeting if
that is reasonable."
6. New Business:
Commissioner Kuykendall feels everyone should have better communication with the
public. Everyone should speak up in the microphones. We should also have the foresight
if we know the Watershed District has an impact or other related issue they should be
invited in advance, especially with a tight time frame. It would help the whole process of
communicating.
Marv Mirsh, 15432 Red Oaks Road, distributed a handout to the commissioners.
7. Announcements and Correspondence:
A. Downtown Steering Committee update.
L:\97FILES\97PLCOMM\PCMIN\MNIOI397.DOC 8
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Federal Emergency Management Agency
Washington, D.C. 20472
CERTIFIED MAIL OCT 17 1997
RETURN RECEIPT REOUESTED
The Honorable Lydia Andren
Mayor of the City of Prior Lake
Scott County
16200 Eagle Creek Avenue, SE
Prior Lake, Minnesota 55372
Dear Mayor Andren:
Please consider this an official reminder that your community has until November 19, 1997,
to adopt floodplain management measures which satisfy Section 60.3(c) of the National Flood
Insurance Program (NFIP) regulations and have them approved by our Regional Office.
I realize that your community may be in the fmal adoption process, or you may have recently
adopted the appropriate measures. If you have not done so, please submit these measures to
the Director, Mitigation Division of the Federal Emergency Management Agency (FEMA),
175 West Jackson Boulevard, Fourth Floor, Chicago, Illinois 60604, where they will be
reviewed upon receipt. Our regional staff will inform you of your community's continued
eligibility when your measures are approved, or will assist your community in the develop-
ment of appropriate measures. As in previous correspondence, we urge you to contact our
Regional Office if your community is encountering difficulties in enacting the appropriate
measures. Our Regional Office can be reached at (312) 408-5548.
The NFIP regulations (copy enclosed) identify certain floodplain management measures
for adoption by participating communities. These measures need to be adopted by
November 19, 1997, to avoid your community's suspension from the NFIP on that date.
Please note that there are certain consequences when a community is suspended from
participation in the NFIP. FEMA would like to help ensure that your community is not
faced with these consequences, which include the following: flood insurance may not be sold
or renewed within a suspended community; 3-year insurance policies remain in force only
until the end of the current year; and the remaining premium for years 2 and/or 3, which
was prepaid, will be refunded.
It is important to also note that when a community is suspended from the NFIP, it is subject
to the provisions of Section 202(a) of Public Law 93-234, as amended. This section
prohibits Federal officers or agencies from approving any form of loan, grant, guaranty,
insurance, payment, rebate, subsidy, disaster assistance loan or grant (in connection with a
flood), for acquisition or construction purposes within special flood hazard areas. For
example, this would prohibit mortgage loans guaranteed by the Department of Veterans
Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic
and Community Development Services.
2
Further, Section 202(b) of P. L. 93-234, as amended, states that in the event of a disaster caused
by a flood, Federal disaster relief assistance will not be available to any property located within
the suspended community. The law requires federally regulated lending institutions to so notify
the purchaser or lessee of improved real property situated in special flood hazard areas when
such property is being used to secure a loan that is being made, increased, extended or renewed.
A suspended community can regain eligibility in the NFIP by submitting a new application and
enacting the floodplain management measures established in Section 60.3 of the NFIP regulations.
However, please note that during the period of suspension from the NFIP, if the community
permits development to take place in the floodplain that aggravates the flood hazard, the
community will be required to remedy the increased hazard to the maximum extent possible
before eligibility can be restored.
We encourage you to contact our Regional Office if you need assistance or have any questions.
Our regional staff will provide technical assistance and guidance in the development of your
community's floodplain management measures. The adoption of compliant floodplain manage-
ment measures will ensure participation in the NFIP and will provide the citizens in your
community protection from disaster.
Sincerely,
~
Enclosure
October 14, 1997
City of Prior Lake Lake Advisory Committee
Attention: Lani Leichty, Water Coordinator
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
RE: Amendments to City of Prior Lake Flood Plain Regulations
Dear Mr. Leichty:
The City of Prior Lake is considering some amendments to its Flood Plain Regulations.
The proposed amendments are required by both the Federal Emergency Management
Agency (FEMA) and the Minnesota State Legislature. FEMA has revised the Flood
Insurance Rate Maps for the City of Prior Lake as a result of the Army Corps of
Engineer study of the flood plain. This study, and the new maps, reduce the 100 year
flood elevation for Prior Lake from 909.3' Mean Sea Level to 908.9' Mean Sea Level. In
addition, the State Legislature recently reinstated the mandatory one foot of freeboard
above the 1 OO-year flood elevation for lowest floors.
Attached for your information is a copy of the proposed amendments and the Planning
Report. These amendments will be considered by the Prior Lake City Council on
Monday, November 3, 1997. Please return any comments you have on these
amendments to me by Thursday, October 23, 1997. These comments will be forwarded
to the City Council.
The Prior Lake Planning Commission is also holding an informational meeting on
general flood plain matters on Monday, October 27, 1997. The Planning Commission
invites the Lake Advisory to attend this meeting ,
Thank you for your help in this matter. If you have any questions, please contact me at
447-9810.
Sincerely,
~('1J~ a. 7{a~v
(J Jane A. Kansier, A1CP
\J Planning Coordinator
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October 14, 1997
Dave Moran, President
Prior Lake/Spring Lake Watershed District
16670 Franklin Trail SE
Suite 110
Prior Lake, MN 55372
RE: Amendments to City of Prior Lake Flood Plain Regulations
Dear Mr. Moran:
The City of Prior Lake is considering some amendments to its Flood Plain Regulations. The
proposed amendments are required by both the Federal Emergency Management Agency
(FEMA) and the Minnesota State Legislature. FEMA has revised the Flood Insurance Rate
Maps for the City of Prior Lake as a result of the Army Corps of Engineer study of the flood
plain. This study, and the new maps, reduce the 100 year flood elevation for Prior Lake from
909.3' Mean Sea Level to 908.9' Mean Sea Level. In addition, the State Legislature recently
reinstated the mandatory one foot of freeboard above the 1 OO-year flood elevation for lowest
floors.
Attached for your information is a copy of the proposed amendments and the Planning
Report. These amendments will be considered by the Prior Lake City Council on Monday,
November 3, 1997. Please return any comments you have on these amendments to me by
Thursday, October 23, 1997. These comments will be forwarded to the City Council.
The Prior Lake Planning Commission is also holding an informational meeting on general
flood plain matters on Monday, October 27, 1997. The Planning Commission has
specifically requested some information from the Watershed District. They would like to
know any plans the Watershed District is making which will help to reduce the flooding
potential for Prior Lake. If possible, the Planning Commission would like a representative of
the Prior Lake/Spring Lake Watershed District to make a presentation on the subject at the
meeting on October 27, 1997. Please let me know if you, or someone else, will be available
by Mond,ay, October 20, 1997, so we can set an agenda for this meeting.
Thank you for your help in this matter. If you have any questions, please contact me at 447-
9810.
Sincerely,
'~'Ai- a - fu,l'<l~'--'
(Jane A. Kansier, AICP
Planning Coordinator
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