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Council Manage Memo #53 - July 29, 2005

Calendar:
Tuesday, August 2
       7:00 pm - 22nd Annual National Night Out

Information Items:
     -  Economic Development and Planning Committee Meeting Changes
     -  Levee/Floodwall Policy
     -  North Carolina Legislative Update

Attachments:
     -  August and September Calendar
     -  North Carolina Legislative Update
     -  Council Follow Up Report July 29, 2005

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Information Items:
Economic Development and Planning Committee Meeting Changes
Staff Resource: Ron Kimble, 704-336-4169

The August 3, 2005 meeting for the Economic Development and Planning Committee (ED&P) has been canceled. Referral items for ED&P such as Industrial Uses Adjacent to Residential and Amendment One TIF Policy Development will not be ready for presentation until later in August or early September. Chairman Lassiter has also asked that the Committee postpone their regularly scheduled meeting for August 17 until August 24 at 3:30 pm due to the August 17 visit to Charlotte by NASCAR officials. Staff will poll the Committee to see if this meets with their approval.


Levee/Floodwall Policy
Staff Resource: Tim Richards, 704-336-4555T

he County adopted a Levee/Floodwall Policy in February 2004 and City Council adoption was planned for March 2004. Just before bringing the item before Council, the attorney for the residents on Myers Park Drive asked that we reconsider some of the language in the draft policy. Staff pulled the draft policy and committed to working with the residents.

We have been re-drafting the policy language with the help of a stakeholders group comprised of representatives from:

  • Myers Park Drive area
  • Pinebrook Business Park (another privately proposed levee), and
  • City and County staff

As part of finalizing the draft policy, one remaining issue revolves around the residents' desire to move the floodplain lines after construction of the levee so that their properties are taken out of the mapped floodplain. The Federal Emergency Management Agency (FEMA) requires that a government agency agree to guarantee maintenance of the proposed levee before FEMA will allow remapping of the floodplain lines. At this time, staff is recommending that we do not provide that guarantee due to safety, liability, cost and loss of beneficial floodplain function concerns. It is important to note that under existing ordinance requirements, residents may submit a private levee for a Floodland Development Permit. If certain standards are met, including but not limited to, a water surface no-rise study if the levee is proposed within the FEMA floodway, they may construct and maintain the levee privately.

While the County serves as the City's Floodplain Administrator, the authority for remapping the floodplains within the City limits lies with City Council. Some of the residents or their representatives may contact Council members to solicit support for their desires. This memo is to let you know staff is committed to working through the process of gathering stakeholder input and presenting a recommendation for the Levee Policy as well as other floodplain ordinance changes to the Storm Water Advisory Committee and Council later this year.


North Carolina Legislative Update
Staff Resource: Boyd Cauble, 704-336-2009

Attached is a memo describing the status of our legislative requests. Should you have any questions regarding the memo, please contact Boyd Cauble.

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