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HomeMy WebLinkAboutSept 13, 1977OFFICIAL PROCEEDINGS SPECIAL MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA SEPTEMBER 13, 1977 The meeting was called to order at 7:20 P.M. by Mayor Nawrocki. Roll Call: Logacz, Heintz, Nawrocki--present. It was noted Councilmen Norberg and Hentges would be late for the meeting due to other meetings they were attending. Motion by Norberg, seconded by Heintz, to name Carol Lattery Secretary Pro-Tem for the meeting. Roil_ Call: Ail Ayes. This special meeting of the Council was called for the purpose of having a hearing on the Federal Flood Insurance Program. Mayor Nawrocki stated there were three gentlemen from the federal govern~nent who were at the meeting to talk about the program. City Engineer, George Brown, introduced the three gentlemen: Larry Bailey, Flood Insurance Specialist from Chicago, Larry Dalen from Barr Engineering who has been doing the engineering studies and Steve Prestin from the Department of Natural Resources (DNR) who has been coordinating with Larry Dalen on the committee to prepare the report. He called on Larry Bailey to begin the report. Mr. Larry Bailey stated he was from the Federal Insurance Administration under the Housing and Urban Development, whose regional office is in Chicago. He began by explaining that this program originated from two major pieces of Federal legislation: the National Flood Insurance Act of 1968 which established flood insurance on a volunteer basis, and the legislation under which the program currently operates called the Flood Disaster Protection Act of 1973. He gave a brief history of the program, how it is administered and its purpose. He introduced Steve Prestin stating he was from the Metropolitan Region of the Minnesota Department of National Resources (DNR) and would be reporting on the State's roll in the Flood Insurance Program. He introduced Larry Dalen stating he was contracted by the Federal Insurance Administration to do the engineering studies for the program. He listed the two basic objectives of the Flood Insurance Program: 1) To provide flood insurance for residents in flood hazardous or flood-prone communities and 2) To control the flood hazardous areas through non-structural Flood Plain Management. The program is administered in two parts or phases. The first part under which Columbia Heights is currently enrolled is the Emergency Phase, during which time the insurance is available to any resident within the community at a subsidized rate and this is subsidized by the federal government. The rate for a single family home is 25¢ per one hundred dollars up to a limit of $35,000. The program also covers multiple family housing, commercial buildings and their contents. The second phase is going to occur approximately one year from now in Columbia Heights when the city will convert over. September 13, 1977 The second phase is called the regular phase of the program. In the regular phase of the program, the insurance rates become actuarial, that is they will vary according to the amount of flood hazard risk involved in the community. Those rates are brought out in the Flood Insurance Study, which contains a Flood Insurance Rate Map which shows different zones which will determine the amount of flood insurance a person has to pay. This rate may vary from one or two pennies per $100 to several dollars depending on the flood hazard risk. The rates are completely doubled in the regular phase of the program; that is, another $35,000 is added on for a single family home when the community converts into the regular program. The coverage is also for multiple dwellings and commercial buildings. The insurance can be purchased from a local insurance agent even though not all insurance agents are in the program and they would have a record of maps, all necessary tables and information to determine the actuarial rates. The State's administrative agency for the insurance is St. Paul Fire & Marine. He stated he was here tonight to discuss the preliminary findings of the Columbia Heights flood insurance study. He informed everyone that within the next month following tonight's meeting, information on the program will be publicized in the local newspaper two weeks in a row. Following that, the community will enter a 90-day appeals period wherein it may appeal any technical findings of the study desired. Following this period, there will be a short one-month wait and a 6-month period to adopt an ordinance in accordance with State and Federal guidelines based upon information generating from this study. At the end of the 6-month period, the community would convert into the regular program at which time rates will become actuarial. Up until that time, it is all subsidized insurance. If the community does not adopt an ordinance after six months, the community becomes a penalized community and all federal money, VA, FHA mortgage loans, etc., would be withheld until community passes this ordinance. The Central Office will contact the city and aid in developing the flood insurance program. Mayor Nawrocki asked if the city does not develop this ordinance if the people will not get an FHA or G1 loan on any property within those flood hazardous areas. Mr. Bailey stated that this was correct. Councilman Heintz argued that this sounded like blackmail. Mr. Bailey reminded him that this is for flood hazardous areas only and in the long run the city is saving tax dollars. Steve Prestin from the Minnesota Department of Natural Resources explained the State's roll. He explained that the State of Minnesota has had a Flood Plain Management Program since 1969 when the legislature passed the Flood Plain Management Program Act which required the Department of Natural Resources (DNR) to develop regulations and to begin work in developing detail engineering data defining flood plain areas in the state and to work with local community governments to help them adopt an ordinance. He stated this legislation gives the DNR the authority, once they have determined that sufficient data is available to adequately September 13, 1977 define the flood plain risk in a community to notify the community that the data is available and under State law give the community a deadline to develop an adequate flood plain ordinance. He informed the Council that there are also some State consequences if a community does not adopt an ordinance. The Department of Natural Resources has the authority under State law to adopt the ordinance for the community and charge the community for the expenses although the DNR has never used that authority. He then presented slides that demonstrated concepts involved in the Flood Plain Management Program. He stated the program is concerned mostly with a 100-year frequency flood which is a flood that statistically has a 1% chance of occurring once in every year. After presenting and explaining the slides, he informed the Council that the DNR is available to assist Columbia Heights in adopting the flood plain controls under State Statutes, and stated they do have a model ordinance available that meets both federal and state requirements. He went on to say when an ordinance is adopted by the community, it has to be approved by the DNR before it can be passed or it won't be legally in effect and a copy is forwarded onto the Federal Insurance Administration for their review and approval. Larry Dalen, Barr Engineering explained all areas involved in the study, what kind of techniques they used and what the results were. Councilman Heintz asked why the State doesn't just go ahead and adopt an ordinance for the city. Steve Prestin answered because the state would not get very good enforcement if they did that. The State wants a community to adopt their own ordinance and enforce their own ordinances. Councilman Heintz stated he felt that out of courtesy the State is asking us to do something they are demanding. He stated he doesn't like the threat they present. Steve Prestin explained the purpose of making it mandatory is to make it fair because otherwise some communities would do it and some would not and the problem would continue to exist. Mr. Prestin again stated the subsidized rates for residential homes is 25¢ per one hundred dollars and rates vary when you convert into the regular program. The F~od Factor Zones determine cost, which depends on base elevation and will be on maps. The minimal policy that can be bought is $25.00 with a $200 deductible. Mayor Nawrocki stated nobody likes to have something shoved down their throat, but on the other hand, if you look at the history, take any given river that is subject to flooding under heavy rains or runoffs, communities run in there and sandbag, etc. and then ask the State and Federal Government to help afterwards and nothing else is changed as they are still exposed to flooding. He stated he recognized that the government is trying to respond to the problem that nobody else seems to be responding to. September 13, 1977 Larry Dalen from Barr Engineering reported he was contracted by the Federal Government to do this study and representatives of HUD, DNR and the City of Columbia Heights directed him as to which areas he should look at and he examined the flood risk in each of these areas and put them on a map. He went onto explain that he prepared a Table of Elevations showing how high the 10-year, 50-year and lO0-year flood is going to get for use in city planning and zone risk of flooding. Each zone is based on what level it is on and how often it is subject to get flooded. Those flooded more often will need to pay higher rates of insurance and those flooded less often pay lower rates of insurance. He stated he wrote a report which summarizes how he did his analysis and which gives elevation information the City Engineer can use to advise people and it also gives maps. This report can be used for insurance and planning. He showed a map of areas in Columbia Heights studied. In the blue, brown or green areas on the map, which are areas designated as flood hazardous, flood insurance would be required if you have an existing structure and the bank would be required to have anyone buying a home in these areas buy flood insurance. These colored areas on the map were designed by city representa- tives to see if they met the criteria. The second aspect of our job is associated with the new developments. For the existing people who are there, the Federal Government will provide the insurance, but the problem then is how are they going to keep more people from coming into these areas who would need insurance. In the blue areas on the map, no structure can be built, but it can be used for open spaces, parking lots, recreation and agriculture. In the brown areas on the map, if a structure burned down, any new development must be elevated against flooding. Insurance can be bought at a lower rate if the structure is built above the lO0-year frequency flood level. Councilman Heintz asked how high above the present landscape would a structure have to built in the brown and green areas on the map. Larry Dalen replied from two to three feet. He explained what the State Government is saying is you can fill the brown areas and not cause more than 6/10 rise in the flood level. This meets Federal criteria and the State has granted a variance to allow this. He explained further that whatever the City of Columbia Heights wants as flood fringe or floodway can be evaluated and can be included in this report. He stated he was here tonight to go over what has been done and see if tbe city concurs with this. A short discussion followed on this. Mayor' Nawrocki asked if they took into consideration the storm sewer which is now going in in Columbia Heights. Larry Dalen replied they had obtained plans on the storm sewer pipes and they had taken them into consideration. Mayor Nawrocki commented that the city is putting in pipe and assessing people for it and he expressed concern that the p~ople will be angry if they have to buy flood insurance now too. He stated he was told a 50-year standard for storm sewer was extremely high. September 13, 1977 Steve Prestin suggested increasing the size of the storm sewer outlets or doing nothing and controlling the redevelopment of those homes that are rebuilt in those areas. Larry Dalen reported he went by current conditions, but if the conditions change significantly, he will change their plans. Mayor Nawrocki commented that a person can only afford so much protection in this life and he stated he questioned in his mind how realistic the designations on the map are. Councilman Heintz stated the storm sewer going in is not designated for 100-year frequency flood, but a 50-year frequency flood. Mayor Nawrocki stated the 100-year standard may be the norm, but it is not realistic. Steven Prestin stated the 100-year standard is a norm just for Flood Plain Protection. Larry Dalen explained the pipe may handle a 50-year flood, but over that there will be some ponding. He reported the 100-year standard has been set by the courts. He also reported that flood insurance was not available to the private sector until the Federal Government got into it. Mayor Nawrocki stated he felt the difference of opinion is the extent of element of risk. He stated he felt the 100-year standard is over-cautious. He reported that since the 1965 flooding, the people of Columbia Heights paid for a new storm sewer to help the problem and the government is now telling them that what they paid for isn't good enough because it doesn't meet the 100-year standard. He stated it is up to each individual to tell our legislators how he feels about the 100-year flood frequency standard. Steve Prestin stated the city pipe will not stand the 100-year frequency flood. He stated the situation was certainly improved with the storm sewer pipe. Larry Dalen explained the city can appeal the 100-year standard and asked if the areas on the map were to everybody's liking. Councilman Heintz and Mayor Nawrocki replied no. Councilman Heintz asked what happens if the brown strips elevate their property three feet and the house behind them gets their runoff. Steven Prestin replied you can put them on stilts or you can fix them so the water can flow right in them and not damage them. He explained if no brown areas are designated in the blue areas, then if a house burned down, no one could build another structure there again. September 13, 1977 City Engineer, George Brown, reported that the city does have a variance from the State so that our people can rebuild. There is no problem in that area. He stated he felt these things have come out pretty well for the city and that the result of our studies is not that bad. He stated he didn't think the city had that much to worry about and can reasonably handle it. There is no building in the blue areas on the map as they are all floodways and the fringe areas are the brown areas on the map. A lady in the audience asked if the insurance is $200 deductible. Larry Dalen replied that yes, the insurance is $200 deductible. City Engineer George brown ask if the city is required to have flood insurance on the new city hall addition that has an EDA grant. Steve Prestin stated there should not be a requirement of flood insurance for this addition as the area is not on the current map. Motion by Hentges, seconded by Norberg, that the meeting be adjourned at 9:15 p.m. Roll Call: Ali Ayes. Bruce~-~. Nawrocki, Mayor