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Chair Vanderwall concurred that a better explanation and definition would be <br /> helpful; with Mr. Leaf concurring, and suggesting that some graphics may also <br /> help in that explanation. <br /> With Mr. Leaf explaining the calculations in determining those freeboard <br /> elevations, Member DeBenedet opined that he wasn't confident that they were all <br /> that conservative. While there was always the potential that a rainstorm would <br /> exceed those estimates, Member DeBenedet opined that once the new storm <br /> design numbers were released next spring that would become even more evident. <br /> Ms. Bloom advised that this challenge had been a discussion internally, regardless <br /> of changing a table to comply with new rules; and current infrastructure designed <br /> around previous designs storm numbers and concepts. Ms. Bloom opined that the <br /> challenge was the ripple affect; creating the need for an updated plan. Ms. Bloom <br /> advised that enforcing freeboard calculations with existing numbers created no <br /> compliance issues; however, with the new numbers, it created a lot of issues in the <br /> community; and would need considerable review. <br /> At the request of Chair Vanderwall regarding creating liability issues for the City, <br /> Ms. Bloom noted this was why staff was currently hesitant to address the issue at <br /> this time, since there were bigger policy issues once those numbers were <br /> published. <br /> Member Stenlund noted the "grandfather clause" and differing rules based on <br /> which plan was in effect at a given time; and making sure future plans are well <br /> aware of the updated data. <br /> Discussion ensued regarding 100 year events; emergency overflow (Item 6) and <br /> undeveloped modeling at this time; and designing of facilities based on best <br /> available information at the time. <br /> Based on liability concern issues, Member DeBenedet suggested, with review and <br /> approval by the City Attorney, that Policy #6 be revised to read: "For newly <br /> constructed storm water retention ponds, the City shall require an emergency <br /> overflow spillway to safely convey flows in excess of the 100-year (1% <br /> probability) eventJ...to the maximufn extent r efiea le ]" <br /> While most lift stations throughout the City work just fine under typical events, <br /> Ms. Bloom noted that things, such as mechanical failures, could happen. <br /> In response to Chair Vanderwall's question as to whether words become <br /> meaningless under practicable application, Member Stenlund noted that <br /> "Maximum Extent Practicable" was a legally defined term at the EPA level. <br /> Section 4.0 Goals and Policies (page 17) <br /> Page 10 of 15 <br />