09081986 Regular Meeting - Laserfiche WebLink

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3 Regular Meeting September 8, 1986 Page 3 AND SECTION h, TO A NEW ARTICLE VI, SECTION M, AND PROVIDING IN THE NEW SECTION M FOR WATER QUALITY CONTROLS IN CRITICAL WATER QUALITY ZONES, PROVIDING FOR INSPECTIONS, PROVIDING FOR PLAN APPROVAL AND DE- CLARING AN EFFECTIVE DATE. Mayor Younger opened the public hearing and asked if anyone wished to speak in favor or in opposition to the amendments. Jay Moore asked questions' for clarification of the Ordinance regarding the definitions of creeks, rivers, etc. on Page 3 and wanted to know if the boundaries change as FEMA maps are adopted. Mr. Robbins said it would be based on the latest map of FEMA as adopted by the City. Mr. Moore stated "certified" engineer needs to be stated on Page 3.b. He said FEMA relies on SCS to prepare the maps, they add information thereto and then adopt. Mr. Robbins stated the process would be for the City to receive a new map from FEMA, hold a public hearing and adopt it. On Page 3.b. the following language was dis- cussed for clarification: "The flood plain delineation shall be based on the latest City adopted Federal Emergency Management Agency (FEMA) map or those provided and certified by a registered professional engineer, as provided below." On Page 3.b. Mr. Moore questioned the process, to which Mr. Robbins stated there is a process to appeal and a process for amendment of the map to change, the map. Mr. Moore asked if there are areas not covered by FEMA maps, and Mr. Robbins indicated there are, giving an example as Indian Creek Subdivision. On Page 7.k. Mr. Moore asked if the Ordinance could be changed so that after the Director of Environment and Engineering had reviewed plans two times, for the plans to be able to go on and not stop with this person. Mr. Robbins stated the Planning Commission can give variances from the Director of Environment and Engineering. Mr. Hankins stated a person could go to the Supervisor of the Director of Environment and Engineer- ing. Mr. Moore stated the variance process is a negative process to go through and he wants persons to be able to go forward after two reviews with the Director of Environment and Engineering to the Planning Commis- sion with the recommendations of the Director of Environment and Engineer- ing. Mayor Younger suggested the wording be changed on Page 7.k.(1) from "approved" by the Director to "reviewed" by the Director. The Council discussed there being times there would be a need for the Council to employ someone with engineering expertise, and Mr. Hankins indicated for engineering arbitration there would be costs and other associated issues. Shirley Wickersham stated there is no property in the City between the Interstate (35) and the Courthouse that can be permitted because the property is in the floodplain. She stated when we get the new maps from FEMA, they will only show three dams in place and that she felt the City should not adopt this Ordinance until we receive the new FEMA maps a year from now. Billy Moore said there is a basic issue that if the map does not allow it to be built and an engineer says you should be able to safely build on the property, can the Director of Environment and Engineering keep you from building. Mr. Farr stated there would be the variance process to the Planning Commission. Billy Moore then asked who is liable if the Planning Commission allows the variance, and that there is sometimes a need for an arbitrator. He agreed that the City Engineer should not have the final say. Mr. Gonzalez responded to Mr. Moore's question that the developer's engineer puts his seal on the plat and the liability rests with that engineer. Mr. Robbins stated he would add language that the Planning Commission would act on the Director of Environment and Engineering's recommendations. No one else wished to speak in favor or in opposition, so Mayor Younger closed the public hearing. Mr. Guerra moved for approv- al of the Ordinance on first reading and Ms. Kissler seconded the motion, which passed unanimously. The Council directed the changes discussed be made for the second reading of the Ordinance.