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COUNCIL ACTION SUMMARY
Meeting Date:March 4, 2014
Agenda Item #:22
SUBJECT: Post-Construction Storm Water Ordinance
1. Which manual should the City rely on when developing the City's
new storm water program?
Staff s Recommendation: Utilize the IDNR Iowa Storm Water Management
Manual, including Unified Sizing Criteria with future editions and local
supplemental specifications.
ACTION TAKEN: Moved by Goodman,seconded by Orazem,to accept staffs recommendation.
Vote on Motion: 5-0. Motion declared carried unanimously.
2. To what size of development should the new storm water standards
apply?
Staffs Recommendation: Apply to new development and redevelopment
disturbing one acre or more of land and to any development disturbing less
than one acre if impervious cover exceeds 10,000 square feet.
ACTION TAKEN: Moved by Goodman,seconded by Orazem,to accept staff s recommendation.
Vote on Motion: 5-0. Motion declared carried unanimously.
3.Should stream buffers be required,and if so,how wide should they be?
Staffs Recommendation: Use the same standard as that contained in the
City's existing Conservation Subdivision Ordinance.The South Skunk River,
Squaw Creek, and Onion Creek would require an analysis to determine
adequate buffer width. College, Clear, and Worle Creeks would utilize a
stream buffer width of 100 feet on each side perpendicular to the waterway.
ACTION TAKEN: Moved by Goodman,seconded by Corrieri,to accept staff s recommendation.
Vote on Motion: 5-0. Motion declared carried unanimously.
4. Should there be a requirement for a Letter of Credit to ensure that
required storm water improvements are properly constructed?
Staffs Recommendation: Require financial security with Final Plat or Site
Plan.
ACTION TAKEN: Moved by Goodman,seconded by Orazem,to accept staffs recommendation.
Vote on Motion: 5-0. Motion declared carried unanimously.
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5. Who should be responsible for the ongoing maintenance of storm
water management facilities(the developer and ultimately a property or
homeowners association or the City)?
Staff s Recommendation: Designate this as the owner's responsibility in all
development and redevelopment.
ACTION TAKEN: Moved by Orazem, seconded by Gartin, to accept staffs recommendation
except for large repair items in residential areas (storm water detention
basins) when City storm water fees will be used.
Vote on Motion: 4-1.Voting aye: Corrieri,Gartin,Nelson,Orazem. Voting
nay; Goodman. Motion declared carried.
6.Should there be a requirement for a performance bond to ensure that
the storm water improvements continue to function properly, and if so,
how long should the bond be in effect?
Staff s Recommendation: Require a four-year performance bond.
ACTION TAKEN: Moved by Goodman,seconded by Orazem,to accept staff s recommendation.
Vote on Motion: 5-0. Motion declared carried unanimously.
7.To protect homes from overland localized flooding,should there be a
requirement that the lowest opening of an inhabited building be at least
three (3) feet above the 100-year water surface elevation?
Staff s Recommendation: Specify that all buildings adjacent to or impacted
by a storm water Best Management Practice (BMP) shall have the lowest
opening a minimum of three feet above the 100-year water surface elevation.
ACTION TAKEN: Moved by Goodman, seconded by Orazem, to specify that all buildings
adjacent to or impacted by a storm water Best Management Practice shall
have the lowest opening a minimum of three feet above the 100-year water
surface elevation calculated from the top of the window well.
Vote on Motion: 5-0. Motion declared carried unanimously.
8. Should there be a waiver process administered by the Municipal
Engineer?
Staffs Recommendation: Direct that partial waivers may be granted by the
Municipal Engineer for redevelopment projects if the proposed development
does not impair attaining the objectives of this ordinance. Sequential factors
to consider in analyzing a waiver request would include (1) establishing
alternative minimum requirements for on-site management,(2)constructing
facilities off the project site to meet the requirements,and then(3)making a
monetary contribution(fee-in-lieu)for watershed studies,monitoring,and/or
improvements.
ACTION TAKEN: Moved by Gartin, seconded by Orazem, to accept staff s recommendation.
ACTION TAKEN: Moved by Goodman,seconded by Orazem,to amend the motion to strike(3).
Vote on Amendment:4-1.Voting aye: Corrieri,Goodman,Nelson,Orazem.
Voting nay: Gartin. Motion declared carried.
Vote on Motion, as amended: 5-0. Motion declared carried unanimously.
9. Should an appeal process be established for challenges to the waiver
decision?
Staff s Recommendation: Rely on the waiver process noted above, without
creating an appeal process. Should that waiver process be problematic in the
future, an additional appeal level could be created through the City Council
or a separate Storm Water Appeals Board.
ACTION TAKEN: Moved by Gartin, seconded by Orazem, to direct that appeals come to the
City Council for resolution.
Vote on Motion: 5-0. Motion declared carried unanimously.
ACTION TAKEN: Moved by Goodman, seconded by Corrieri, to direct that the City
Attorney prepare a draft ordinance that incorporates the above
recommendations.
Vote on Motion: 5-0. Motion declared carried unanimously.
By: Jill Ripperger, Deputy City Clerk
Sent to: Judy Parks