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Ordinance 1009ORDINANCE NO. /00 9 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA, 2008, BY AMENDING PROVISION OF THE CLIVE POST - CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE Be It Enacted by the City Council of the City of Clive, Iowa: SECTION 1. INTERNAL REFERENCES. All references to section numbers in this ordinance shall be to sections contained within Title 8, Chapter 4C of the "2008 Clive Code of Ordinances" unless otherwise specified. SECTION 2. AMENDMENT. In 8-4C-6, entitled "Postconstruction Stormwater Management Plan (PCSWMP)", subsection A. is hereby amended to read as follows: A. Every property owner or applicant of a project creating 5,000 square feet or more of impervious surface area, shall design, install and maintain postconstruction stormwater management plan (PSCWMP) facilities as approved by the city council during the site plan, construction drawing and/or platting process. PSCWMP facilities may be required for projects that create less than 5,000 square feet of impervious surface area, if the project is part of a larger plan of development that meets the applicability threshold, even though multiple separate and distinct projects may take place at different times on different schedules. SECTION 3. AMENDMENT. In 8-4C-6, entitled "Postconstruction Stormwater Management Plan (PCSWMP)", subsection B. is hereby amended to read as follows: B. An Iowa licensed professional engineer or landscape architect shall design PCSWMP facilities in conformance with the guidelines established in the City of Clive Stormwater Manual, the Iowa Stormwater Management Manual and SUDAS. PCSWMP facilities shall be designed with appropriate BMP's, such as detention and retention basins, soil quality restoration, grass swales, buffer strips, bio -retention and other similar types of infiltration basins and riparian areas, that will convey drainage through the property to one or more treatment areas such that no development shall cause downstream property owners, watercourses, channels or conduits to receive stormwater runoff form the proposed development site a peak flow rate greater than that allowed by the standards in effect at the time of approval of the development. SECTION 4. AMENDMENT. In 8-4C-12, entitled "Appeal", is hereby deleted in its entirety. SECTION 5. REPEALER. All parts of the "CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA, 2008" in conflict herewith are hereby repealed. October 13, 2016 - 6:00 PM SECTION 6. SEVERABILITY CLAUSE. If any section, provision, sentence, clause, phrase or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole or any section, subsection, provision, sentence, clause, phrase or part thereof not adjudged invalid or unconstitutional. SECTION 7. WHEN EFFECTIVE. This Ordinance shall be in effect from and after its final passage, approval and notice of its passage is given as provided by law. PASSED AND APPROVED by the City Council on the /0 day of A/eMbe r , 2016. e ortum, City Clerk 3)6 E.wccrcts, Mayor Pro Teel Ordinance No. %09 authenticated this (v day of /170/01/ , 2016. 111,4 •81 e I ortum, City Clerk �alnh Eawar�s, Mayo( (r0 Officially,poste'on the 18 day of 1%Ye1MYP'016,.at— .n=17. P. k115k 3 CERTIFIED BY: October 13, 2016 - 6:00 PM I' REGISTER MEDIA A GANNETT COMPANY AFFIDAVIT OF PUBLICATION State of Iowa County of Polk, ss.: The undersigned, being first duly sworn on oath, states that The Des Moines Register and Tribune Company, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Des Moines, Iowa, the publisher of THE DES MOINES REGISTER newspaper of general circulation printed and published in the City of Des Moines, Polk County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in The Des Moines Register on the following dates: Ad No. Start Date: Run Dates: Cost: 0001733030 11/18/16 11/18/16 $51.01 Copy of Advertisement Exhibit "A" Thi/4 fez 1 Staff merfiber, Registe4 Subscribed and sworn'to before me by said affiant this 21th day of November 2016 • .".• a ANDREA HOUGHTON COMMISSION NO. 753956 MMISSION EXPIRES �i2pI ORDINANCE NO. 1009 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BENGA' 2008Y AMNDI PROVISIbN OF THE CLIVE POST-CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE Be It Enacted by the City Council of the City of Clive Iowa: SECTION 1. INTERNAL REFERENCES. All references to section numbers in this ordinance shall be to sections contained within Title 8, Chapter 40 of the "2008 Clive Code of Ordinances" unless otherwise specified. SECTION 2. AMENDMENT. In 8-4C-6, entitled "Postconstruction Stormwater Management Plan (PCSWMP)", subsection A. is hereby amended to read as follows: A.Every property owner or applicant of a project creating 5,000 square feet or more of impervious , swface area,shall design, cost and maintain postconstruction stormwater management plan (PSCWMP) facilities as approved by the city councilduring the site plan, construction drawing and/or ffatting process. PSCWMP acilities may be required for projects that create less than 5,000 square , feet of impervious surface area, if the project is part of a larger plan of development that meets the applicability threshold, even though multiple separate and distinct projects may take place at different times on different schedules. SECTION 3. AMENDMENT. In 8-40-6, entitled "Postconstruction Stormwater Management Plan (PCSWMP)", subsection B. is hereby amended to read as follows: B, An Iowa licensed professional engineeror landscape architect shall design PCSWMP facilities m conformance with the guidelines established in the City of Clive Stormwater Management Manual, the Iowa Stormwater Management Manual and SURAS. PCSWMP facilities shall be designed with appropriate BMP's, such as detention and retention basins, wetlands, soil quality restoration, grass swales buffer strips, bio-retention basins and other similar types of infiltration based ractices, such the drainage through the property shall not causeadverse water quality or quantity impacts to a downstream propertyowner, watercourse, channeor conduit receiving stormwater runoff from the proposed development site. SECTION 4. AMENDMENT. In 8-4C-12 entitled "Appeal", is hereby deleted in its entire SECTION 5. REPEALER. All arts of the "CODE OF ORDINANCES OF THE CITY OF CLIVE IOWA, 2008" in conflict herewiih are hereby re Baled. SECTION 6. SEVERABILITY CLAUSE. If anysection, provision, sentencce,i. cluse, phrase or part or tris vrainance snaii oe adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole or any section, subsection provision, sentence, clause, phrase or part thereof not adjudged invalid or unconstitutional. SECTION 7. WHEN EFFECTIVE. This Ordinance shall be in effect from and after its final passage, approval and notice of its passage is given as provided b law. PASSED AND APPROVED by the City Council on the 10 day of November, 201 Joyce Cortum, ity Clerk John Edwards, Ma or Pro Tem Ordinance N o. 1009 authenticated this 10 day of November, 201 Joyce Cortum, ity Clerk John Edwards, Mayor Pro Tem Officially published y on the 18 day of November, 2016 CERTIFIED BY: Joyce Cortum, City Clerk RESOLUTION NO. 2Of( -257 RESOLUTION APPROVING THE CLIVE STORMWATER MANAGEMENT MANUAL Whereas, the U.S. Environmental Protection Agency's (EPA) national pollution discharge elimination system (NPDES) permit program administered by the Iowa Department of Natural Resources (IDNR) requires that cities meeting certain demographic and environmental impact criteria obtain from the IDNR an NPDES permit for the discharge of stormwater from a municipal separate storm sewer system (MS4); and Whereas, the City of Clive is subject to the NPDES program, and as such, has obtained an MS4 permit from the IDNR; and Whereas, as a condition of the City's MS4 permit, the City is obligated to adopt and enforce a Post -Construction Stormwater Management ordinance; and Whereas, the City has adopted and is currently enforcing Title 8, Chapter 4, Article C. Post - Construction Stormwater Management of the Clive Code of Ordinance; and Whereas, with the approval of Ordinance #1009 which amended Title 8, Chapter 4, Article C. Post -Construction Stormwater Management, Title 8, Chapter 4, Article C. Post -Construction Stormwater Management of the Clive Code of Ordinance now references the Clive Stormwater Management Manual; and Whereas, the City now desires to formally adopt the Clive Stormwater Management Manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLIVE, IOWA: That the Clive Stormwater Management Manual set forth in the attached Exhibit A is hereby approved and adopted. PASSED AND APPROVED this /0 day of /%veetiher , 2016. ATTEST: BY: Jo e Cibrtum, City Clerk 3OL V EduJaur(15, Major Pro Te►l EXHIBIT A CLIVE STORMWATER MANAGEMENT MANUAL Adopted by City Council- November 10, 2016 CPUN//ColATROVED INTRODUCTION: The U.S. Environmental Protection Agency's National Pollution Discharge Elimination System ("NPDES") permit program ("Program") administered by the Iowa Department of Natural Resources ("IDNR") requires that cities meeting certain demographic and environmental criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a Municipal Separate Storm Sewer System ("MS4") permit. The City of Clive is subject to the Program and is required to obtain, and has obtained, an MS4 permit (Iowa NPDES Permit Number 77-20-0-02). The permit authorizes all existing and new storm water point source discharges from all areas within the boundaries of the City of Clive to discharge into waters of the State. Authorization under the permit is subject to the City complying with a Storm Water Pollution Prevention and Management Plan which outlines areas of responsibility for the City to implement Best Management Practices (BMP's): Public Education and Outreach- Implement public education and outreach about the impacts of storm water discharges and measures which the residents can implement to reduce pollutants in storm water runoff. Public Involvement and Participation- Involve local businesses, developers, homeowners and the general public in the development of the program. Illicit Discharge Detection and Elimination- Enforcement of ordinances that prohibits anything other than storm water, allowable non -storm water, and pollutants for which an NPDES permit issued from entering the City's storm sewer system. Construction Site Storm Water Runoff Control- Enforcement of construction site storm water runoff control program to reduce pollutants in any storm water runoff from construction activities. Post Construction Storm Water Management- Enforcement of post construction storm water management program to control and minimize increases in storm water runoff rates and volumes, soil erosion, stream channel erosion and nonpoint source pollution associated with storm water runoff of developing and developed lands within the City. Pollution Prevention and Good Housekeeping- Implement operation and maintenance programs that shall prevent or reduce pollutant runoff from municipal operations. It shall be the long term goal of Clive Stormwater Management Manual to provide a centralized location to find background materials and references to the City of Clive's Stormwater Management Program. This document is intended to be periodically updated to reflect changes in policy, programs and best management practices as determined by the City Council to be in the best interest of effectively managing storm water with the City of Clive. POLICIES 1. PRESERVATION OF TOP SOIL- No topsoil shall be permanently removed from any construction site in accordance with the Iowa Department of Natural Resources General Permit #2. The preservation of topsoil shall be met only when the depth of topsoil after soil disturbing activities have been completed and final stabilization achieved for the permitted activity is equal to, or greater than, 4.0 inches on all areas of the site where the surface of the ground disturbed for the permitted land disturbing activities is exposed and not covered by concrete, asphalt, gravel or other such impervious material. If 4.0 inches of on-site topsoil is not available, imported topsoil meeting the requirements below or the amendment of existing low - quality on-site material may be used to comply with this requirement. Three inches of low - quality on-site soil, may be incorporated with a minimum of 1.5 inches of compost meeting the requirements below to achieve an acceptable equivalent alternative. Topsoil shall be defined as the soil material excavated from the upper 12 -inches of the soil profile that has a uniform quality free from debris, hard clods, roots, sod, stiff clay, hard pan, stones larger than 1 inch, has a high degree of fertility with an organic matter content of at least 2%, is free of herbicides that prohibit plant growth, has a pH level between 6.0 and 8.0, and is friable with a clay content less than 25%. Compost shall be defined as stable, mature, decomposed organic solid waste that is the result of the accelerated, aerobic biodegradation and stabilization under controlled conditions. The result is a uniform dark, soil -like appearance with 100% of the material passing through a 1 inch sieve (3/8 or 1/2 inch screen preferred), a pH range between 5.5 and 9, a minimum organic matter content of 35% dry weight and a soluble salt content of less than 4.0 mmhos/cm 2. SOIL COMPACTION- For the purposes of compliance with the Iowa Department of Natural Resources General Permit #2 requirements, the minimum standard for "minimizing soil compaction" shall be defined as working the soil prior to seeding/sodding such at a penetrometer can be inserted into the upper 6 inch with less force than 200 psi. As an alternative to the penetrometer test, a soil with a bulk density of less than 1.6 grams/cubic centimeter shall be deemed compliant with this requirement. 3. POST -CONSTRUCTION STORMWATER MANAGEMENT PLAN- A property owner or applicant required to develop a Post -construction Stormwater Management Plan (also referred to as "PCSWMP") shall identify in the plan and implement the practices to comply with the following minimum requirements: Methodology. The Post -construction Stormwater Management Plan shall be developed in accordance with the Clive Stormwater Management Manual, the most current version of the Iowa Stormwater Management Manual (ISWMM) and Statewide Urban Design and Specification Manual (SUDAS). Where there are conflicts between the Clive Stormwater Management Manual and the requirements within ISWMM or SUDAS, the City's Water Resources Engineer shall have the responsibility to resolve the inconsistency in a manner deemed most appropriate for the circumstance. In general, the more restrictive requirement shall be deemed the most appropriate resolution. Unified Sizing Criteria. The PCSWMP shall utilize the unified stormwater sizing criteria for management of the stormwater quality and quantity from the development site as outlined below: Water Quality Volume (WQv): Runoff that is generated from a given site after development from a 1.25" rainfall event shall be captured and treated using appropriate BMPs. The WQv shall be calculated in accordance with Chapter 2 of the ISWMM. Recharge Volume (Rev): Infiltrate a fraction of the WQv based on the average annual recharge rate of the hydrologic soil group present at a site. The Rev shall be calculated in accordance with Chapter 2 of the ISWMM. Channel Protection Storage Volume (Cpv): Provide extended detention for the post - development 1 -year, 24 hour storm per NOAA Atlas 14 such that the volume is released over 24 hours. The Cpv shall be calculated in accordance with Chapter 2 of the ISWMM. Overbank Flood Protection (Qp): Provide peak discharge control of the 2 -year through 5 - year 24-hour storms per NOAA Atlas 14 such that post -development discharge does not exceed pre -settlement discharge rates. The pre -settlement condition shall be defined as "meadow" per ISWMM. The meadow curve number shall be based on existing soil types but shall not exceed 71. Overbank Flood Protection (Qr): If downstream conveyance is limited, provide peak discharge control for all storms larger than the 5 -year 24-hour storm up to the 100 -year 24- hour storm such that post -development discharge does not exceed the peak discharge rate for the 5 -year, 24-hour pre -settlement storm. If through analysis the applicant can show that the downstream conveyance has adequate capacity, the City may allow for storms greater than the 5 -year 24 -storm to be released at a rate equal to that particular storm's pre - settlement release rate. Detention Routing: The modified rational method for detention design shall only be permitted for sites smaller than 2 acres where there is no off-site pass through. TR -55, TR - 20, or other approved equal shall be used for detention routing on all other sites. Drainage Report. The PCWMP shall include a detailed project drainage report in accordance with SUDAS Section 2A-4. Specifically, the report should be prepared following the outline contained within subsection C "Contents" Soil Management Plan (SMP). A SMP is required as part of the PCSWMP. The plan should identify existing soil conditions, areas not to be disturbed, areas where top soil will be stripped and stockpiled, and identify if tillage, amendment and/or import will be needed. BMP Locations. All BMP's required as part of the PCSWMP shall be generally located on one parcel such that the maintenance responsibilities are not shared between multiple property owners. BMP's that benefit more than one parcel should be located on outparcels or common/association property such that the maintenance responsibilities can be clearly distributed to all of the benefitted property owners. BMP Maintenance Plan. A detailed maintenance plan which outlines inspection and maintenance procedures to ensure the long term function of site BMPs is required. The plan will identify the components of the BMPs that need to be maintained, the equipment and skills necessary to maintain the components, and the frequency of the inspection/maintenance. The need for a recorded maintenance agreement with the property owner or owner's association shall be determined at the time of approval of the Site Plan/Construction Drawing. 4. VERIFICATION STANDARDS- City inspectors shall ensure that the PCSWMP and SMP has been complied with during completion of each phase of the construction process. a. An as -built survey completed by a licensed Iowa Land Surveyor/Engineer shall be submitted to substantiate that the project grading and stormwater management facilities have been constructed in accordance with the approved PCSWMP. b. Compliance with the topsoil preservation requirements shall be reviewed prior to the installation of seed/sod during a scheduled site review inspection. City inspectors will utilize a soil probe/shovel to verify depth, Dickey john tester to verify soil compaction and ribbon test to verify clay content. If there is a dispute with the findings of the City inspector, the property owner may have the site soils tested by a certified soil testing laboratory. Two representative samples per lot (each sample shall be a composite of soil from at least 5 locations) will be deemed adequate to demonstrate compliance. If the site is larger than 1 acre, 1 sample per acre (each sample shall be a composite of soil from at least 5 locations) will be deemed adequate to demonstrate compliance. 5. PRIVATE STORM SEWER SYSTEM MATERIALS- Private storm sewer systems (intakes/structures/pipes) located solely on private property may be constructed with materials other than reinforced concrete pipe, however, alternate materials shall have a documented design life expectance of at least 50 -years. All private storm sewer system components shall be specified and installed in accordance with SUDAS and the manufacture. Clive 2 -Jamul, ?%<lir?e Memo TO: Mayor Cirksena and Council Members FROM: Doug 011endike, Community Development Director DATE: 11/3/2016 RE: Postconstruction Stormwater Management SUBJECT: a. 3rd Consideration of Ordinance No. 1009 Postconstruction Stormwater Management b. Resolution Approving Clive Stormwater Manual SYNOPSIS: Following the public hearing on the proposed Postconstruction Stormwater Management ordinance, staff has not received any additional comments regarding the ordinance or the standards manual. At this time, staff would recommend adoption of Ordinance No. 1009 regarding Postconstruction Stormwater Management. Additionally, staff is recommending that the attached Resolution Approving Clive Stormwater Management Manual also be approved. ATTACHMENTS: Description Type Upload Date o Ordinance No. 1009 Cover Memo 11/7/2016 ❑ Resolution Approving Clive Stormwater Cover Memo 11/7/2016 Management Manual s �in / 731& I � 2 hJ /e&r/1 [U/Z7// � rdAi (/0/1 6v Clive Uist ici 6y- %%/4.4e Memo TO: Mayor Cirksena and Council Members FROM: Doug 011endike, Community Development Director DATE: 10/10/2016 RE: Ordinance Amendment- Post Construction Stormwater Management SUBJECT: a. Consideration of Ordinance No. 1009 regarding Postconstruction Stormwater Management b. Resolution Approving Clive Stormwater Management Manual SYNOPSIS: Consistent with the recommendations outlined within the recently approved Walnut Creek Watershed Master Plan (www.walnutcreekwatershed.org), staff have developed a revised Postconstruction Stormwater Management Ordinance that would upgrade the current standards to be in-line with contemporary regulations being used across the country. A copy of the proposed ordinance amendment and associated Clive Stormwater Manual are attached for your review. Staff will present an overview of the proposed amendment and manual during the public hearing. In summary, the City's current postconstruction standards are primarily centered on the idea of preventing major downstream impacts from land development activity (any conversion of land from its natural condition that permanently alters the hydrologic response of the land). This focus has resulted in a generally effective system of limiting localized flooding impacts, however, the regulations have not been effective in mitigating the impacts from the increased runoff volume and velocities that typically cause the scouring of receiving channels, the eroding of streambanks and the transport of sediment and other entrained pollutants each time it rains. Effective postconstruction are one that are focused on maintaining or restoring stable hydrology in the receiving waters by ensuring that the developed site mimics the natural hydrology of the pre -development site. These new regulations look at several stormwater impacts (volume, rate, duration, frequency) rather than being solely focused on rate control. Although this form of stormwater managment is somewhat new in the State of Iowa, the science in this arena has been refined for more than 15 years in all parts of the country. Locally, these regulations have been successfully deployed in communities in Missouri, Minnesota, Wisconsin, Illinois and a few in Iowa (Ames, Coralville, Dubuque, Davenport). As we are all aware, managing stormwater is a costly proposition. Over the last 50 -years, the City of Clive has generally approached stormwater management from a reactionary position. As evidenced in the Walnut Creek Watershed Master Plan, this approach has resulted in significant environmental degradation and an enormous list of unfunded expenses. As we continue to move forward in developing long-term solutions to address the results of our past actions, it is incumbent upon all of us to do what is now necessary to ensure that our future actions are part of the overall solution rather than continuing to contribute to the problem. ATTACHMENTS: Description Type Upload Date D Proposed Ordinance Cover Memo 10/10/2016 Amendment Resolution Approving o CI;ive Stormwater Cover Memo 10/10/2016 Manual File Name Post Construction_2016amdord.pdf Resolution CliveStormwaterManual.pdf fl HOME BUILDERS ASSOCIATION OF GREATER DES MOINES BUILDING PROFESSIONALS BUILDING TRUST Dear Mayor and Members of the City Council, The City Council is considering the adoption of a new stormwater ordinance for the City of Clive that will have a dramatic impact on housing costs in the City. On behalf of the 550 members of the Home Builders Association of Greater Des Moines, we are writing to request that the City Council reject the proposal and continue enforcement of its recently -enacted four inch ordinance that, itself, greatly exceeds state law requirements. The new ordinance attempts to impose what has been referenced as "healthy soil" requirements. These requirements are not imposed by any federal or state rule or law. In fact, even a small aspect of these requirements (that four inches of topsoil be spread) was determined to be unnecessary by the most knowledgeable entity in the state, the Iowa Environment Protection Commission. The determination was made by that entity that having a requirement for soils should be limited to the requirement that the soils not be removed from the site, which is the current state law provision. That recognition and rule change by the experts in the field should be acknowledged by this City Council, rather than to implement an arbitrary and unnecessary change. Moreover, HBA has attempted to quantify the costs that will be added to the construction process (as compared to the existing ordinance) if the new ordinance is put in place. We have determined that the added cost, per lot, will be a minimum of $5,000.00 but is likely to be as much as $10,000.00. Based on studies done in the Midwest, this means that, even at the lower estimate, an additional 15,630 homebuyers will find themselves unable to purchase these homes. These new requirements will certainly discourage home ownership in Clive. Another requirement of the ordinance is that the first 1.25 inches of rainfall must be retained on site and forced to infiltrate into the ground. HBA believes that this requirement is flatly contrary to existing riparian law which expressly allows runoff from the dominant estate to the servient estate to continue after a home is built. That is, stormwater runoff can continue to the same degree post -development as it existed pre -development -- no more but, also, no less. The mandate that the first 1.25 inch rainfall must be prevented from running off is contrary to this law and, if enforced, would constitute an illegal taking of the developers' rights by the City. Next, we have been informed that it is the intent of the City to mandate that the pre -development standard will be that the land be treated as though it were prairie rather than the existing use, which would typically be agricultural. Using prairie as the pre -development condition, if that is not the actual condition of the land, is arbitrary. The precondition calculation should be that which exists at the time of development and if that is agricultural, then that is the precondition to be used when making the pre and post calculation determination. Home Builders Association of Greater Des Moines 6751 Corporate Drive, Johnston Iowa 50131 Phone: 515-270-8500 Fax: 515-334-0135 Email: info@dsmhba.com HOME BUILDERS ASSOCIATION OF GREATER DES MOINES BUILDING PROFESSIONALS BUILDING TRUST Finally, the proposed ordinance attempts to incorporate the requirements of several different, and often conflicting, protocols. These include the Clive Stormwater Management Manual, the Iowa Stormwater Management Manual and the Statewide Urban Design and Specifications Manual. Conflicts are to be resolved by an unelected "Water Resources Engineer." This means that a builder/developer will be unable to determine what will be imposed on the property until well after buying the property and starting the project and will then be subject to an arbitrary determination made by someone who has been delegated the powers to be exercised by the City Council. HBA believes that this is improper. HBA is in total agreement that the pre- and post -runoff mandate should be met by all builders and developers and that the City should impose and enforce that requirement of Iowa law. The proposal before you, however, is far in excess of the legal requirement of pre and post release. HBA does not agree that changing the existing requirement is necessary or prudent, particularly at increased costs to the homeowner. HBA respectfully requests the Council not implement the new ordinance, that it reaffirm that builders and developers be strictly held to the requirement that post -construction runoff cannot exceed pre -construction runoff and that builders and developers can use those methods that will ensure they are in compliance with that requirement. This proposal has the effect of aggressively enforcing regulations that have been shown to be effective while allowing the builders and developers to provide affordable housing in your city. Sincerely, Daniel E. Knoup Executive Officer Dave Adickes President Home Builders Association of Greater Des Moines 6751 Corporate Drive, Johnston Iowa 50131 Phone: 515-270-8500 Fax: 515-334-0135 Email: info@dsmhba.com RESOLUTION NO. 20l6-208 RESOLUTION SETTING DATE OF PUBLIC HEARING TO CONSIDER AMENDING PROVISIONS OF TITLE 8 PUBLIC UTILITIES REGULATIONS OF THE CITY OF CLIVE, IOWA, REGARDING POST -CONSTRUCTION STORM WATER MANAGEMENT WHEREAS, the City Council of the City of Clive, Iowa (the "City") desires to consider certain amendments to Title 8 Public Utilities of the City of Clive Code of Ordinances regarding Chapter 4C Post -Construction Stormwater Management; and WHEREAS, a public hearing upon the proposed amendments to Chapter 4C Post - Construction Stormwater Management should be held and a time and place for hearing thereon should be fixed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLIVE, IOWA: 1. That a public hearing be held by the Clive City Council on the proposed amendments to Chapter 4C Post -Construction Stormwater Management, at the Clive City Hall, 1900 NW 114th Street, Clive, Iowa, at 6:00 p.m. on the 13th day of October, 2016, at which time the City Council will consider any objections to the proposed amendments and will hear all interested persons. 2. That the Mayor and Clerk be and hereby are authorized and instructed to give Notice of said public hearing, as required by law. PASSED AND APPROVED THIS 8 of September, 2016. ATTEST: 41Ik nadr-i-L-nO e ' ortum, City Clerk CIT By: ScottCirk ! `� — Vii. REGISTER MEDIA A GANNETT COMPANY AFFIDAVIT OF PUBLICATION State of Iowa County of Polk, ss.: The undersigned, being first duly sworn on oath, states that The Des Moines Register and Tribune Company, a corporation duly organized and existing under the laws of the State of Iowa, with its principal place of business in Des Moines, Iowa, the publisher of THE DES MOINES REGISTER newspaper of general circulation printed and published in the City of Des Moines, Polk County, Iowa, and that an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed and published in The Des Moines Register on the following dates: Ad No. Start Date: Run Dates: Cost: 0001577586 9/30/16 09/30/16 $33.53 Copy of Advertisement Exhibit "A" 11 Staff m $r, Regis Subscribed and sworn to before me by said affiant this 30th day of October, 2016 ary Piihiir fnr tb.estatP nfJ.owa DREA HOUGHTON COMMISSION NO. 75395o COMMISSION EXPIRES NOTICE OF PUBLIC HEARING ON AMENDING PROVISIONS OF CHAPTER 4C POST -CONSTRUCTION STORM WATER MANAGEMENT ORDINANCE WITHIN TITLE 8 PUBLIC UTILITIES OF THE CLIVE CITY CODE NOTICE IS HEREBY GIVEN that the City Council of the Cityof Clive, Iowa, will meet at the Clive City Hall, 1900 N.W. 114th Street, in the City of Clive, Iowa, at 6:00 p.m. on the 13th day of October, 2016, at which time and place the City Council will hold a public hearing on amending provisions of Title 8 Public Utilities, Chapters 4C. Such amendment is set forth in the proposed Ordinance(s) entitled as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA, 2008, BY AMENDING PROVISION OF THE CLIVE POST -CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE For all the particulars of the proposed amendment, see the proposed Ordinance entitled as set forth above now on file at the Clive City Hall with the City Clerk of the City of Clive, which may be examined there. The proposed Ordinance(s) is by this reference made a part of this Notice. All interested persons may appear at the public hearing and at such time and place the Clive City Council will consider any objections to the proposed amendments described above and give all interested persons an opportunity to be heard. This Notice is given by order of the City Council of the City of Clive, Iowa.