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HomeMy WebLinkAbout1978-01-23 (Special) Meeting MinutesCOUICIL CRAMlllS ctn or lllCUWOOD, COLORADO Januar1 23, 1971 SPECIAL MIETIIG The CitJ Council of the City of Englewood, Arapahoe County, Colorado, ••t in apecial ••••ion on January 23, 1978, at 7:30 p.m. Mayor Taylor, pre•idina, called the meeting to order. The in•ocation waa 1tven by Council98n Donald Smith. The Pledge of Allegiance waa led by Mayor Taylor. Mayor Taylor aaked for roll call. Upon a call of the roll, the f ollowin1 were pre•ents • • Council Meabera William•, Weber, Saith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum pre•ent • Al•o pre•ent were1 City Manager Mccown City Attorney Berardini Director of eo .. unity Development Wanuah A••i•tant Director of Coaaunity Development Romana Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE ORDINANCE FOR FINAL READING CONCERNING TH! REPEALING AND RE-ENACTING OF THE FLOOD PLAIN ORDINANCE. Councilman Weber aeconded the motion. Upon a call of the roll, the vote resulted aa f ollovas Ayea: Naya: Council Member• Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * January 23, 1978 Page 2 City Manager Mccown •tated that the purpo•• of the meeting wa• to con•ider an ordinance that would repeal the old flood plain ordinance adopted in 1971 and enact a new flood plain ordinance, definition•, etc. City Manaaer Mccown •tated that the chana•• in the ordinance were made nece•aary becau•e of the chan1e1 in the reaulation• reaardina flood plain inaurance a• adaini•tered by the Federal In•urance Administration. City Manaaer McCown introduced Mr. Dou1 Core, the local Federal Insurance Adainiatration repreaentative, to 1ive the Council aome background on the changes and the purpo•e of havin1 flood plain inaurance. City Manager Mccown alao atated that Director of Co1111Unity Development Wanuah would follow Mr. Gore to read throu1h the ordinance in detail and point out the aignif icant change• in the ordinance. Mr. Doug Gore, Flood Plain Mana1eaent Speciali•t for the Federal lnaurance Adainistration, 4645 S. Norfolk Way, Aurora, appeared before the Council. Mr. Gore aave a brief hiatory about the national flood insurance program, it• purpose• and how the proaraa related to the City of Englewood. Mr. Gore stated thi• waa the f ir•t ti .. aince 1971 that the government ha• required change• in the ordinance and the adoption of the change• are neceasary for continuation in the flood inaurance proaraa. Councilman Mann aaked Mr. Gore to explain what the change• were since Mr. Gore had indicated that the preaent ordinance waa in some way• too restrictive; and why the City had 90 daya to change it. Mr. Gore stated that the present ordinance doe• not allow for any de velopment period if interpreted in the atrictnesa sense; doe• not meet the water and sewer requirement•; doe• not provide for the tieina down of mobile homea; doe• not require all new con•truction to be elevated above the 100 year flood plain elevation; and doe• not provide for any flood proofina. Mr. Gore atated that the new ordinance require• permit• to develop a flood plain area includin1 the placement of mobile homea and prefabricated building•; it require& that all permit& be reviewed by the stipulated governmental bodiea; and it require& that all peraita be reviewed to assure that aite• are protected against flooding and the attendant proble .. of f loodina. In answer to Mayor Taylor'• question, Mr. Gore stated that preaent policy holder1 could renew their coverage and new policies could be pur- cha1ed if the Council passed the ordinance. If the Council chose not to paa1 the ordinance, then no new policiea could be purchased and all flood coverage would diacontinue after each policy expired. * * * * * * In anawer to Councilman Clayton'• question, Mr. Gore stated that if the Council paaaed the ordinance then preaent policy holders would be allowed to renew their policiea even thouah their exiating structures did not comply with the new regulation• aet forth in the proposed ordinance, i.e. grandfathered in. However, Mr. Gore atated, if the present policy holder• decided to add onto their atructurea, the addition would have to January 23, 1971 Page 3 meet the nev reaulationa. Mr. Core alao atated that all nev development in the flood plain area would have to coaplJ with the new regulations. Mr. Core aar••d with Councilman Saith'• statement that if the City paaaed the ordinance then people living in the flood plain area who do not have a policy can purchaae a policy without changing the existing structure. Councilaan Mann, Councilaan Saith, Mr. Gore and Director of Coaaunity Develop11ent Wanuah diacuaaed the map upon which the flood plain area ia baaed; why soae areaa have been eliminated; and the need for some change• in the .. p. Mr. Gore preaented a report on the elevation survey of the flood plain area and explained the aurvey to Councilman Mann. Councilman Mann accepted the report a1 another ba1i• for determining the flood plain area. * * * * * * Director of Comaunity Development Wanush appeared before the Council. Director Vanuah atated that the City has not issued building permit• contrary to City ordinance a1 waa indicated earlier in this meeting. Director Vanuah atated that hi1 interpretation of the ordinance certainly allow• for conatruction in the: flood plain area under certain conditions and all permit• that have been ia1ued fall within the conditions of the ordinance. Director Wanuah atated that the recoanendationa to the Flood Plain Zoning 1ection of the Co•prehen1ive Zoning Ordinance, Article 22.4b, nave been recoaaended by the Plannina and Zoning Co1111ia1ion as a reault of a public heartna that va1 held December 27, 1977. Director Wanuah entered into the record Certification of Posting of forty-three aign1 that were placed in various locations throughout the flood plain. Director Vanuah atated that notice of public hearing was published on January 4, 1971, and the City Clerk'• office has record of publication. In anawer to Mayor Taylor'• queation, Director Vanush atated that the aigna were po1ted aeventeen day1 prior to thia public hearing, whereas, the requtreaent i• fifteen daya prior. Director Wanuah atated that there were four major change• in the ordinance: 1) the effect of the aaendment1 add some severe restrictions on the exi1ting mobile home1 parka when a unit 11 replaced; 2) administration of the pennit1 are expedited becau1e the proce11 baa been streamlined; 3) detail variance procedure• are added; 4) the City 11 officially adopting the map that ha• been approved by the Flood lnaurance Administration. January 2l, 1971 Paa• 4 Director Wanu.h read throuah the propo•ed·aaendllente with the Council and •tated that the bulk of the chana•• reflect the concern of the citizen• heard at the public hearina, particularl1 removin& any reference to the meanin& of a floodway. • • • • • • Mayor Taylor declared a rec••• at 8:30 p.a. during ~hich time copie• of the propo•ed aaendaent• were aade and P•••ed out to the people in attendance. The Council reconvened at 8:40 p.a. Upon a call of the roll, the following were pre•ent1 Council Member• Willia••• Weber, Saith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum pr•••nt. * * * * • * Copie• of the propoaed amendment• are entered into the record by Director Wanuah. Director Wanu•h continued and coapleted the pre1entation of the proposed amend .. nt• to the Coaprehen•i•• Zonina Ordinance •• they relate to the flood plain area. Mayor Taylor a•ked if the Council had further que1tion• for Director Wanush or Mr. Core before he requested que•tion• froa the audience. In an•wer to Councilaan Mann'• que•tion, Mr. Core stated that the federal agency would not allow a ninety day aoratorium to con1ider the ordinance, and the Council ha• until February 20 to decide whether or not to pass the ordinance and continue in the proaraa; otherwiae, the City v111 be suapended froa the proaraa. * • * • * * There were no further queation• froa the Council at thi• time. Mayor Taylor aaked if anyone in the audience wi•h•d to •peak in favor of thi• ordinance. Micheal DiManna, attorney, appeared before the Council. Mr. DiManna stated that he wa• here on behalf of hi• client• who have existing building per- mit• based upon the old ordinance. Mr. DiManna ••ked if the Council passed the proposed ordinance at thi• meettna would hi• client• have to comply with the new ordinance or would compliance under the old ordinance suffice to commence construction. January 23, 1971 Paa• 5 Director VanU8h replte4 that coapliance under the old ordinance would be aufficient aad the huil4•r• could •till obtain flood insurance. Maurice Jone•, 5020 I. Vaahtaaton, appeared before Council and stated that ha could not ••• how an1one livin1 in the area could object to the paaaa1e of thi• ordinance. Mr. Jone• atated that the insurance policies are not .. ndator7; the or41nance onl7 provide• for the option of the property owner to buy the coverap, In anatNr to Mr. Jone•'• queation, Director Wanush stated that the luildin1 Depart .. nt would be reaponaible for inapecting the site and providina the report to the Director of Comaun1t7 Development; and assured Mr. Jone• that the CitJ preaently baa the expertise to enforce total co~ pliance. Mayor Taylor aaked if there waa anyone else in the audience wish- ing to speak in favor of the ordinance. Ro one replied. A R • W • • Mayor Ta1lor aaked if there was anyone in the audience wishing to speak againat the ordinance. Lee I. Jonea, 2047 S. Cherokee, appeared before Council and stated tnat he waa · apeakin1 on behalf of the member• of CONSENSUS. Mr. Jones stated that the ordinance ahould be republiahed because of the n~merous changes that are propoaed. In anawar to Mr. Jone•'• queation about Council being forced to amend the ordinance whenever the federal government issue• new regulations, Director Vanuah atated that the Council ha• the choice of adopting the amend- m~nt1 to the ordinance or withdravtna froa the program. ~ouncilaan S•ith pointed out that thi1 was the first change since 1971. Mr. Jone• then inquired about stipulations placed on lending institution• loanina •oney to the property owner• in a flood plain if they did not comply with all the federal regulation•. Mr. Gore explained that when a com1unity participates in the flood inaurance progra•, the purchaae of flood in1urance is required and a loan can De obtained fro• conventional inatitutiona, the FHA or the VA. Mr. Gore stated that the type• of 1tipulationa that Mr. Jones ref erred to did not apply to the City of !nalewood at thia time because the City i1 participating in the progra• and the City ha• had a .. p approved by the FIA for a minimum of one year. Mr. Gore 1tated that if the City chose to withdraw from the pro- gram, only conventional loan1 could 1till be obtained; however, the loan grant would be at the di1cretion of the banker. Mr. Gore also stated that if the City withdrew from the progra• the City would not be eligible for federal disaster aa1istance. January 23, 1978 Page 6 Mr. Jone• requeated that any a .. nctaenta to the map be initiated •• •oon aa the new project•, i.e. Holly Daa, etc., are completed to facilitate tne r1lina of an accurate aap with the PIA. In reply to Mr. Jone•'• queation to republiah the ordinance because ox tne aaptitude of the chan .. a, City Attorney lerardini stated that he thought I the chanae• were •ubaiatent in nature and the ordinance should probably be repub- l1ahed. City Attorney lerardini adYiaed the Council of two alternative• in handlina thia aatter. City Attorney lerardini stated that the Council could continue the public hearina, republiah the ordinance with the adopted changes and reintroduce the bill; or, the Council could adopt the ordinance at thi• meetina and order the publication of the ordinance in full with the adopted change•. Upon Councilaan Weber'• requeat, Mr. Gore restated that if the City decided not to participate in the proaraa, then the City would not be eligible for any recovery loan• or arant• fro• the federal government upon the event of a preaidential declared di•aater. Upon Councilman Weber'• requeat, City Attorney Berardini defined the meanina of the emergency clauae in the ordinance. Hr. Toa Wataon, 3235 8. Pox, appeared before Council and posed a question on what conatitutea a flood plain area and requested an explanation on why some area• are exempt. Councilman Saith •tated that the Planning and Zoning Coania•ion ia lookina into the inclu•ion of the exeapt areaa onto the flood map. Mr. Gore explained that the flood elevation ia the height the water would attain in the event of a 100 year flood. In reply to Hr. Wataon'• que•tion on requirements for rebuilding hi• structure in the event of a flood, Director Wanuah •tated that the vari- ance procedure aection of the ordinance would allow Mr. Watson to rebuild his atructure •iailar to the one that vaa de•troyed even if the structure is 50% deatroyed. Larry Nowacki, 701 W. Hampden Ave., appeared before Council and questioned the language of the ordinance. Hr. Nowacki presented a copy of federal regulation• dated March 25, 1977 concerning insurance purchase requirement• in the flood in•urance proaraa. After a lengthly discussion, it wa• deterained that the federal regulation• •ubmitted by Mr. Nowacki had been auperceded by Pre•ident Carter'• action in November, 1977, and were not pertinent at thi• tiae. Hr. Kovack! •tated that there were •everal inaccuracies on the flood plain map. One exaaple, Mr. Rovacki atated, vaa that the location of the Englewood Sewer Plant waa in an area that i• aubject to the 100 year flood. Director Wanu•h requeated Mr. Nowacki to •how evidence that the sewer plant i• in the 100 year flood plain. January 23, 1971 Page 7 Mr. Nowacki replied that that infol'11ation would have to come f roa the Urban Drainaae Diatrict. Mr. Nowacki atated that it waa hi• opinion that any water that would flow over Dart110uth on the north aide would have to flow into the aewer plant area. Director Vanuah welco .. d an7 auapected inaccuraciea aa they relate to the flood plain .. p to be checked out and corrected. Mr. lowacki expr••••d concern over the lack of a definition for a floodway and li•ited refe~ence made to a f loodway in the ordinance. At the requ .. t of the Council, Mr. Gore explained the meanin1 or a regulatory floodwa7 and how the FIA derived at deterimining the 100 year flood plain. Gerri Von Prelltck, 10950 w. 26th Ave., Lakewood, appeared before the Council and diacuaaed hi• opinion of the impact on the coanunity if the Council decided to pa•• the ordinance. Mr. Von Frellick stated that the City of Englewood would be takin1 on a "•entor partner, i.e. the federal government" who would dictate zoning change• for the City and the Council needs more time to conatder the ordinance and the proposed changea. Mr. Von Frellick also atated that the Council appear• to in a controversy over thia ordinance when it ahould be concerned with Little Dry Creek. Mr. Von Frellick further atated that buaineaaeaa will not be attracted to this area if they discover the area to be in a flood plain and analyze the risks involved monetarily. - City Manaaer Mccown aaked for Mr. Von Frellick'a opinion again on why wouldn't a developer build under the new ordinance when he already haa to conf or• to the old ordinance. Mr. Von Frellick replied that the controversy has been become exaggerated and will dra .. tlae the effect of the area being in a flood plain; conaequently, develop11ent will decline and the downtown area will continue to be a bli&ht area. Councilman Saith refuted many of Mr. Von Frellick'• co11111enta particularly the ordinance requirtna the bua!nea• ownera in the downtown area to reconstruct their buaineaae• in ~rder to conform to the new re- gulation• becauae the variance proczdure provide• for the condition• of reconatruction. Councilaan ~~ith alao refuted Mr. Von Frellick'a co1111lenta on the inaurance rat~= and coveraae availability. Councilman Smith stated that •• far aa he waa aware CONSENSUS wa• the only group expresaing opposi- tion to tbi~ ordinance and the only aroup implyin1 that a controveray exiated. Mayor Taylor aaked if there waa anyone else wishing to speak on the ordinance either tn favor or againat. Director of Public Work• Waaaoner appeared before Council and presented to Council for their inf ormatton a booklet on the major drainage January 23, 1978 Paa• 8 aaater plan for Ii& Dry Creek which i• ••••ntially the aa .. a• the one that will be drawn up for Little Dry Creek both being in the flood plain area. Director Wa11oner atated that the tel'll floodvay i• defined in the booklet. Mayor Taylor aaked if there wa• anyone elae wiahing to •peak on the ordinance either in favor or aaain•t• Ro one replied. couilCIUWI MAIN ll>VID TO CLOSI THI PUBLIC BEARING. Councilman Weber aeconded the 110tion. Upon a call of the roll, the vote re1ulted a• follow11 Aye1: Nay1: Council Me•ber1 Saith, Harper, Clayton, Mann, Willia .. , Weber, Taylor. None. The Mayor declared the 110tion carried. • • • • • • Mayor Taylor declared a rece11 at 10:50 P••• Mayor Taylor stated that the Council will 10 into an executive 1e11ion following the recess then reconvene to an open .. eting. The Council reconvened at 11:20 p.m. Upon a call of the roll, the follovina were pre1ent1 Council Member• Willi•••• Weber, Saith, Harper, Clayton, Mann, Taylor. Abaent: None. The Mayor declared a quorum pre1ent. • • • • • • INTRODUCED AS A llLL BY OOUllCILMAK SMITH If AU'ntORITY ORDINANCI NO. 2, SERIES or 1978 AN ORDINANCE REPEALING ARD U-llACTIRG CHAPTER 22.41, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAll (PP)', AID 'DIFIIITIONS' QSPICTIVELY, RELATING TO THE IDENTIFICATIOM or ARIAS or SPICIAL FLOOD HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR; PllOHIIITING C!ITAII U818 DANGDOUS TO LIFE AND PROPERTY WITHIN SAm AREAS; USTllICTING USES HAZARDOUS TO PUBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIR DISTIICTS TO II PROT!CT!D AGAINST FLOODS BY FLOOD PROOFING; REGULATINC THI DllICW AJID MITHOD OF CONSTRUCTION OF ALL STRUCTUUS WITHIN SAm DISTRICT AID CllllALLY TO PROTECT THI PUBLIC FROM THI BURDEN or EXTRAORDINARY PIIAllCIAL llPERDITUllS 111 A MANNER CONSISTENT WITH REASONABLE FLOOD PLAII MAMAG!MUT AID TO PRESERVE THE WATER CARRYING . I January 23, 1971 Paa• 9 CIWlACTllISTICI .., CAPACITIU or WATll COUUIS IOTR NATURAL AND ARTIFICIAL POI Tiii CONVIYAICI or ITOlll AID PLOOD WATIU: ARD DECLARING AN EMERGENCY.' COUJICIUWI man MDnD TO PAIS OIDIIANCZ RO. 2, SERIES OF 1978 WITH TRI ATTAClllD MllllDlllltTI Al IITRODUCID IT THI PLANNING AND ZONING COM- MISS IOI OI PIIAL llADillC. Counetl .. n Cla1ton •econded the motion • . COUJICIUWI Wllll MOVID TO POSTPONI ACTIOH OH ORDINAllCE NO. 2, SIRIIS OP 1978 UITIL MAllCH 20, 1971. Councilman Mann seconded the motion. COUICILMAll SMITH MOVID TO SUISTITUE COUNCILMAN WEBER'S MOTION TO POSTPOU ACTIOI UITIL naUAIY 21, 1978. Council .. n l•ith'• 110tion to substitute Councilman Weber's motion died for lack of a •econd. Upoo a call of the roll, the vote on Councilman Weber'• motion re•ulted •• follovas Aye1: Council Me•ber• Willia .. , Weber 1 Mann 1 Taylor. MaJ•Z Council Member• S•ith 1 Rarper 1 Clayton. The Mayor declared the motion carried. • * * * • • In re•pon•• to City Msnaaer McCovn'• question, City Attorney Berardini 1tated that the ordinance would be published in ita amended for• when the Council act• upon it. * • * * • • COUNCILMAI CLAY'IOI ll>VED THI FOLLOWING APPOINTMENTS TO THE BOARDS ARD COtlCISSIOllS II MADl1 BOARD or ADJUSTMENTS AND APPEALS -HOWARD BllOWN -4 YEAR TERM -CHESTER HALLAGIN -1 YEAR TERM WATER AND SEWER BOARD -RUDDY WITTHUS -FULL TERM ELECTION COMMISSION -BETTY KEENA -FULL TERM PLANNING ' ZONING COMMISSION -ED DRAPER -FULL TERM -RICHARD MCCLINTOCH -FULL TERM LIBRARY BOARD -FULL TERM -PAUL BUSCH FIREMEN'S PENSION BOARD -PULL TERM -OLIVER GISEBURT EMPLOYEE RETIREMENT BOARD -FULL TERM -JOHN NEAL januar, 23, 1971 •••• 10 Council .. n Willia .. aeconded the motion. Upon a call of the roll, the vote reaulted aa follow•• Ayea: Kayes Council Meabera laitb, Harper, Cla7ton, Mann, Villi-, Weber, Ta1lor. lone. The Mayor declared the motion carried. • • • • • • There betna no further buain•••• the Mayor declared the aeetln1 adjourned at 11:25 p.a.