12-13-21 Regular meeting, approve contacting election

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:December 13, 2021 Requested By:Teresa Evans, Director Source of Funds:N/A Department:Planning and Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Budgeted Item:YesNo Exhibits:Ordinance 2021-3858SHOWING CHANGES; Ordinance 2021-3858 CLEAN COPY SUMMARY& RECOMMENDATION The question was recently raised regarding an adjacent landowner’s ability to appeal the city’s decision to issue a floodplain development permit. The City’s floodplain development regulation ordinance, codified in Chapter 94 of the City’s Code of Ordinances, contains a general reference to a right of appeal to an “appeal board”.Per Section 94-65(b) of the City Code of Ordinances,“The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.” The City’s Attorney’s Office researched numerous floodplain ordinances and the FEMA regulation guidelines, and concludedthat Section 94-5(b) reflects wording in the FEMA model ordinance recommended for use by counties and municipalitiesin the adoption of floodplain development regulations. As such, the City Attorney’s Office determined that referringappeals to an appeals boardis the correctprocess, andthat the adjacent landowner should have theopportunityto appeal the city’s decision to issue a permit. To date, the City of La Porte has not established an appeals board for floodplain management. To get the process started, theCity Attorney’s Office has drafted amendments to Chapter 94-‘Floods’regardingproposedrevisions to regulations and procedures for appeals, andcreating a floodplain management appeals board. City staff recommendsthat the City Council consider and discuss proposed amendments to Chapter 94 –‘Floods’regardingthe duties,process and procedures for establishing a five (5) member appeals board.