Adopt Ordinance #15-15 Amending City Code Section 117-1 (Definitions) Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overlay Districts)

In 1979, the City enrolled in the National Flood Insurance Program (NFIP) by adopting floodplain regulations and Flood Boundary and Floodway Maps and Flood Insurance Rate Maps (FIRM) for the community. The Flood Boundary and Floodway Maps and FIRMs currently in effect are dated November 1, 1979. The community has grown substantially since the late 1970s, and thus, the maps lack much of the current street network.

The Federal Emergency Management Agency (FEMA) has been systematically updating floodplain maps across the state and has recently completed new maps for Anoka County. If the City desires to remain in the NFIP, the floodplain standards must be amended to adopt the new maps. Per the attached Letter of Final Determination, for the City to remain in the NFIP, the existing floodplain regulations must be amended to comply with federal regulations, which includes both text amendments as well as adopted the updated FIRMs and Flood Insurance Study (FIS).

The floodplain standards are designed to minimize structural damage as a result of large scale floods, oftentimes referred to as the 100-year flood (or Regional Flood or Special Flood Hazard Area), by prohibiting the placement of structures within designated floodways and by requiring either flood-proofing and/or the use of fill to elevate a structure to a certain elevation if within the flood fringe areas. Structures located within a designated floodplain are required to be covered by flood insurance (federal mandate). If a community opted not to participate in the NFIP, then federally backed mortgages would not be an option for properties in the Special Flood Hazard Area (SFHA) as flood insurance would not be available (to any property owner). Additionally, if the City opted not to continue in the NFIP, it would lose its eligibility for federal disaster also.

The Notice of Public Hearing was published in the City's official newspaper, the Anoka County UnionHerald.

The Minnesota Department of Natural Resources, as the State Coordinating Agency for the NFIP, has provided a model ordinance for consideration. Attached to this case is that model ordinance developed by the DNR that was used to guide Ramsey's local ordinance. This model includes commentary identifying those sections that are mandatory or optional, as well as some brief, basic background for some of the provisions. It should be noted that a majority of the provisions in the model ordinance already exist in the City's current floodplain regulation. Attached is a marked up version of the model ordinance that includes cross references to the City's current floodplain regulations to help illustrate what language already exists within City Code. Also attached to this case is a summary of optional provisions that don't already exist in City Code as well as a brief statement as to whether or not it was included in the Ordinance Amendment and why.

One of the major components of this proposed Amendment is the incorporation, by reference, of the new maps and flood study. The updated maps include an underlying aerial image and a much needed updated network of streets. Upon adoption of the Ordinance Amendment, the City will also gain access to Digital Flood Insurance Rate Maps (DFIRMs) through FEMA, that should further assist in accurately determining whether a structure (or proposed location for a structure) is within a floodplain.

On October 15, 2015, the City received a Conditional Letter of Approval from the MN DNR stating that the draft Ordinance complies with Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, Minnesota Rules, Parts 6120.5000 to 6120.6200, with two (2) minor revisions needed. First, the map panel nomenclature in Section 117-181(c) needed to be updated to insert a "C" after 27003. The second revision was to amend the definition of 'Dwelling, manufactured home' to clarify that this term does not include 'recreational vehicle'. Both of these minor edits have been incorporated in the draft Ordinance.

The Planning Commission conducted a public hearing on October 15, 2015 and there were no written or verbal comments received regarding the proposed Ordinance.

Both the Environmental Policy Board and the Planning Commission have recommended that the City Council adopt Ordinance #15-15 to ensure that the City remains a participant in the NFIP and that flood insurance remains available to property owners or prospective property owners in the community.

The Ordinance was introduced at the City Council meeting on October 27, 2015 and is now eligible for adoption.

Alternatives

Alternative #1: Adopt Ordinance #15-15 amending Section 117-1 (Definitions) and Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overlay Districts). The Amendment includes a majority of the existing regulations in an updated format. In addition, the Amendment includes FEMA mandated language that was not included in the City's original adopted ordinance. The Environmental Policy Board and the Planning Commission support this option.

Alternative #2: Adopt a revised version of Ordinance #15-15 amending Section 117-1 (Definitions) and Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overlay Districts). There are a number of optional definitions and provisions that have either been included or excluded from the proposed Ordinance Amendment. The City Council may desire to make revisions to the draft Ordinance Amendment to add or remove one or more of these optional components. Staff would not object to this option as long as it would not delay the Ordinance Amendment from being adopted prior to December 16, 2015.

Alternative #3: Do not adopt Ordinance #15-15. This would result in the City being suspended from the NFIP, which does have some significant impacts to property owners and the City. As noted previously, this would result in flood insurance not being available for anyone in the community. Thus, federally backed loans would no longer be available for property owners that have structures within the floodplain districts. This would make selling/buying a home in the community, or even refinancing, very challenging. Finally, the City would lose its eligibility for federal disaster relief. Due to these outcomes, Staff, nor the Environmental Policy Board or Planning Commission, support this option.

This case is being handled as part of Staff's normal duties.

The Environmental Policy Board and Planning Commission both recommend adoption of Ordinance #15-15 to amend Section 117-1 (Definitions) and Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overlay Districts) to incorporate by reference the updated Flood Insurance Rate Maps and the Flood Insurance Study, both dated December 16, 2015.

Motion to waive the City Charter requirement to read the ordinance aloud and adopt Ordinance #15-15 amending Section 117-1 (Definitions) and Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overlay Districts) to incorporate by reference the updated Flood Insurance Rate Maps and the Flood Insurance Study, both dated December 16, 2015.

Roll Call Vote:

Councilmember Kuzma
Councilmember Johns
Councilmember Williams
Councilmember LeTourneau
Councilmember Riley
Councilmember Shryock
Mayor Strommen