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04/19/2010-CC-Agenda Packet-Work SessionCITY COUNCIL WORK SESSION MONDAY, APRIL 19, 2010 6:00 PM 502 ELM STREET 1. Call Meeting to Order. 2. Discussion on Sale of Property at 201 Bolivar Street 3. Discussion on Flood Plain Regulations Affecting the Ranger Creek Subdivision and Possible Changes to the Flood Plain Ordinance. 4. Overview of Items on Regular Agenda. 5. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: ji f®; 2L✓7% i at , Am. and shall remain Tami Taber, City Sec City of Sanger, Texas bulletin board on This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations oi• interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ® Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Yes Not Applicable Council Meeting Date: April 19, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date `T_' ACTION REQUESTED: []ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discussion of Flood Plain Regulations Affecting The Ranger Creek Subdivision and Possible Changes to The Flood Plain Ordinance. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM See Attached Memo STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: • Memo Dated 4/13/2010 • Ranger Creek, PH 2Const.Plan Review Letter 8/23/04 • Related City Council Minutes Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None Mayor and Council I=rom. Mike Brice, City Manager ®ate: 4/13/2not 0 Re: Flood Plain Ordinance and Ranger Creek I wanted to provide you with some background on the issue in Ranger Creek. The edges of four lots in phase 1 of the Ranger Creek subdivision are in the floodplain. This has been a known issue for quite some time as evidenced in the letter (attached) from Allison Engineering concerning Phase II, The Lots in Phase II were removed from the floodplain but neither a LOMA-R nor Flood study was ever completed by the developer on the four lots in phase I. In May of 2007, at the direction of the Council, amendments were made to the flood plain ordinance (see attached Minutes). One of the changes was a requirement that any new structures be constructed with the minimum finished floor two (2) feet above the base flood elevation (BFE). The reasoning behind this requirement is to protect future property owners both from flooding and also from having to get flood insurance in the future if the base flood elevation changes. FEMA has raised the base flood elevations all over the country in the past few years, and many homeowners have suddenly found their homes at or below the new elevations. The issue at hand is that the developer feels that if he builds the houses on these four lots two feet above the BFE they will sit too high and be hard to sell. He has two options to comply with the ordinance; 1) bring up the lot with fill to get the finished floor at the required elevation or 2) conduct a LOMAR Fill and bring the back of the lots out of the flood plain. Again, as noted in the 2004 letter, the developer has known for some time that something would have to be done about the floodplain. It now appears to be a cost he does not want to incur. The other option is to change the current ordinance and lower the finished floor level requirement. I believe that doing so would be a mistake, especially when other options are available. It is important to remember that changes affect the entire town and not just four lots in Ranger Creek. Lowering the requirement will mean less protection for future home owners and higher flood insurance premiums in the future. My staff and I recommend strongly that the ordinance not be modified. 1 FROM THE P._LISON FAMILY PHONE N0. : 817 380 9431 Aug. 25 2004 08:43PM P3 Allison Engineering 611 Pecan Creek Road, ;E�ezzton, Texas 76207 (940) 3$0-9453 Off,/Home (940) �1$0"9421 lia.:x August 23, 2004 IVir. Jack Smith City Manager City of Sanger _-- F.O. Box 1729.----�_-- Sa3 ger; Texas 76266 Re: �az�ger Cr�k, .P}zase 2 Final Plat & Construction Plans , Ah Review bear W. Smithy ._-� Allison En��ineering recommended upp�vat' of the final plat and construction plans ontingent upon several items being addressed prior to conducting preconstruction conference. The following items have not been addressed with recent plan submittal. � The �perty .has not beEn zorted prop�l�, Zt is sti11 zoned Ag. � preconstruction conference and construction of the improvements cannot be initiated until the site is properly zoned. Include a 54 of 1 tea rit Ion the fronts e of a11. ublic ri ht of ways. leys are required in ail residential subdivisions_ If alleys a.re not desired, en a vanance must be obtained from the City. Provide a. copy of the variance. a Several lots are encroached upon by the two flood areas. A LOMR is needed to remove the lots from the FEMA flood plain and a grading plan is needed to ratuove the other .cots from the identified flood area. Tit& will he provided at a later date Undl then, no building or arty fence may be constructed wit/iitt the flood plain, Add drainage aprons and/or rip rap at the discharge points of the storm sewer system Whe 'T9. The velaoities appear to be less than 6 fps, but some structure is heeded to prevent erosion as the flow characteristics transition frorn pipe to open chatlnel. she above items must be addressed prior to scheduling a preconstruct.ion conference and c omineneing vv�ith construction. These eommenis are in addition to those that znay be X rovided by other staff members. ,Ecllison Engineering's review of submittals for land development projects is only is itended to establish a reasonable level of Gonfldence that the developer is complying with applioable rules and regulations. Our review is not intended to provide duality control nor assure anyone that the development is fully compliant. The responsibility for compliance remains solely with the developer throughout the process; from zoning and platting through construction and the mrarranty period. Tho developer is responsible for Page t of ,l'Laantia Pn++uttie�►�fite.A .. 00einrrna i1e, Cdedrwin X1},aE .ScMure.5lfe», FROM THE rl_LISOh FAMILY PHONE NO. 1 817 380 9431 Aug. 25 2004 00042PM P2 e;orrecting all deficiencies, regardless of the time they are discovered. Sue appz-eGiate the oPportuniiy to poritinue �roviding professional services for the City pf Sanger_ Please call if you have, any questions or need any additional information or �lariffcation. z vffw1latJ Lee K. Allison, P_V., NSPE -C: Rose Chavez Eddie Branham John Hendemn Mike Prater J.E, Thompson .Cecil Cheshier, P.E. Page 2 �f 2 :�iY/IlJlItl/a Pamr'MY(f!�/•� ad[� ,�JIP{iQ.RFl�d � .SUei�emn � •SI�XIIP..71U77� _ a; till({lni.�' ►ai He has a roof1 his garage and provided pictures I the ftjI�Ni- son not i problems or return phone 1 1 that IN INN It I I I S oul, not be allowed to build homes *in Sange and requested to be on the 'x ut 4 Fill i �. IN i ►�go z' n aope'r,' 74 N. Highland, addressed the City Council concerning the problems she a aIN NAIng with her Sampson Home and presented pictures of these problems. She expressed tic frus IN tion`concerning Jake Sampson and his lack of response to correct the problems I Nil "��ti+lies home. She requested that this issue be on the next agenda. ,. pA' ron Ritchie, 2 Sandpiper, also expressed his frustration concerning Jake Sampson and htsj lack III of response in correcting his problems with his home. He advised that he has taken M' ob when Jake has told him he would send someone to correct his problems and timeoffhisj one ever shows up. He also requested this item to be on the next agenda. I, e mate eeeeeeeeee y iKanager advised that Mr. Ritchie stated they had a sign in the windows and it seemed ,IN IN4 to have done some good; however, the homeowners' association has rules against this and #since then the signs have been taken off the windows. The residents are trying to stay within �lit- ' the rules of the Homeowner's Association. ��Nil .t Mr. McQuien responded to this statement and indicated that people have freedom of speech IT ti NINAand he would like a copy of this ruling. lilt Ile_ I If ;iiConsider and Possible Action on Appointment of Member to the Historical Preservation Commission. 1Vlotion vvas made by Councilman Ervin to appoint Terri Patton to the Historical Preservation Commission. Seconded by Councilman Walker. Motion carried 44. Councilman Patton abstained. I IT I IN INN I Discussion on Ordinance #04-97 "Flood Damage Prevention. IN Couneilman Ervin asked if the items he had requested to be changed had been done. t_ Rob Woods, City Engineer, indicated it has to be done by the City Council. Councilman Ervin indicated some of the changes were on page 42 -City Administrator Larry Keesler needed to be changed and on page 41 and page 50 - dates and information need to be corrected. i` , J a` Discussion on Ranger Creek and the area where the developer is damming up natural water flow. ,A ` N ''til i Engineer indicated that it is within their perimeter as part of their erosion control ,i ?measure that is in place. The developer can do this if he has a permit. City Engineer IN xi d qw d that the developer has indicated they have a permit and he has requested a copy Mile. kouncil discussed that the City Engineer should be the Flood Plain Coordinator and e should review and make amendments for the next City Council meeting. ;, �S roved to consider issuing whatever is needed, a work order, to get >. defining what City Council wants him to look for. mean for Mr. Baines to conduct the' audit. �� � �' � d� alker indicated that it does not and it is his understanding that Mr. Baines � �,�t�, z what the City Council is looking for and later he will submit a proposal ;;; � o`�de tifY�., ;k Cp li Councilman walker repeated that Mr. Baines stated he will identify the reas,based on input from City Council. �, �;� , . ��, ;i oilman Patton wanted to add to the motion to pursue with execution of a service �, ttfcnt: ,, ,� r� �x ��. x �� � ussion � , �,$ �ouneilman Walker indicated that he does not want to enter into the service agreement �.�• ~ 1� � the `receivables are identified and cost. � � <��, ntled�by, Councilman Patton. Motion carried unanimously. ** �� � � . �p� Ides and Possible. Action to Adopt Ordinance #OS-15-07 -Amending Ordinance #04- �. rticic 3 900,FIood Plain Management Regulations. � �� , � ��; "' c;i�y Manager addressed the requested changes. ,ti ,�� � , ��+ Art�ele 4,- Section A -Designation of Floodplain Administrator. the designated flodplain administrator reads the City Manager or their designee. � • �, Article 5 - Section B -Specific Standard, Item 1 and 2 previously read lowest floor +, �, ' to be elevated at or above was changed to read (two feet) or above the base flood ��� " _ "� City`�Managcr also clarified the following sections and recommended that the Zoning Board �� ttf�A�justinent remain as the designated Appeal Board. «�,n , ,� } sf �? a �" �' '� ' � Article 4 - Section D -Variance Procedures, Item 1-Designation of Appeal Board z � � do"s�gnating the Zoning Board of Adjustment (BOA). 1"� ; ` �, � Article�5 - Section E - Floodways, Item 5 was added for additional clarification for � "� ' �,,� plttting 'requirements. �,;,!, � ," ;'t �"'� A'rtule 5 = Section F -Floodplain Development Section was added for clarification ,; ' ��' f " ,+ on necessary requirements for development within the floodplain. +� f"jajl�i?� � ��. � " C`oNnC�lman 1✓rvin inquired about the storm waters documents that were discussed at the r�^. ����V #uii� " t �t,'t�Council meeting and asked if the City had received a copy. �'� � �; � � ,"� �F� , � � ��'�li i` a�� V ir1 anager indicated that we have not received them yet. ;` , a; ,�z[��,� �, i, ���' 7 k 1 '' v�moved to approve Ordinance #OS-15-07 -Amending Ordinance #04-97, alker. Motion carried unanimously. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. . (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; , (2) All new construction ox substantial improvements shall be constructed by methods and practices that minimise flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimise or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimise or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, On -site waste disposal systems shall be located to avoid impairment to them . or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(3), the following provisions are required: (1) Residential Construction new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated 2 feet (2') or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplam Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied.