HomeMy WebLinkAboutCity Council Packet 02-08-2005 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, February 8, 2005
5:30 p.m.
Council Chambers
1. Call to Order
2. Discuss Draft Pond Maintenance Implementation
3. Set Future Study Sessions
4. Adj ourn
DATE: February 4, 2005
TO: Mayor and City Council
FROM: Laurie Ahrens, City Manager
SUBJECT: Summary of Agenda Items for February 8, 2005
5:30 Study Session — Discuss Draft Pond Maintenance Implementation
The members of the former Surface Water Task Force have been invited to the meeting.
Two members have submitted written comments that are included in your report.
7:00 Regular Meeting
6.07 Rates for Consulting Engineering Firms. The seven engineering firms have been
advised of our recommendation to make no changes in their hourly rates at this time, but
rather to first amend contracts that are 20 and 30 years old, review our policy on the
Selection of Consultants to reflect current practice, and enact a system of entering into a
cost -per -project basis for most things rather than the current "open-ended" arrangements.
7.1 Public hearing on the sale of G.O. Housing Revenue Bonds. The HRA is still
considering whether to proceed with a 75 -unit building or a 95 -unit building. This public
hearing is for the amount needed to finance the construction of a 75 -unit senior building.
We are recommending that you hold the public hearing, but take no action on the
resolution. A second hearing is scheduled for February 22 on the 95 -unit option. By that
time, the HRA will have selected an option, and the Council can then consider adoption
of the appropriate resolution. There have been discussions about the method of sale for
these bonds by the HRA — competitive bid or negotiated sale. Since these bonds would
be issued by the HRA, it is their decision; however, the City must affirm the General
Obligation Pledge in order for the project to proceed.
8.1 G.O. Tax Increment Revenue Bonds. This would set the date of the sale of the
G.O. Tax Increment Bonds for March 8 relating to the road improvements and senior
housing site acquisition at Highway 55 and Vicksburg Lane.
8.2 Transit Facility. When the Council last considered this item, the proposal was to
proceed with Phase I at this time (205 stalls) and to consider Phase II (78 stalls) in the
future when funding became available. The Met Council has contacted us and strongly
encourages that both phases be built now. They have proposed to provide an additional
458,000 for construction of Phase II with regional transit capital bonds. There is cost
efficiency in building the entire project at one time, and it would be difficult to build
phase II in the future once the facility is in operation. It may also be unlikely that this
capital funding would be available in the future because, in its 10 -year plan, the Met
Council has recommended only funding structures having a minimum of 200 spaces. The
increased fares would be used to offset the ongoing additional maintenance cost of the
facility, as well as transit services to and from the facility.
8.3 Consider use of PVC for Watermain. Engineer Jim Renneberg has researched this
issue, and Councilmember Black has provided several resources that are included in the
report. The staff recommendation is to allow use of PVC watermain. Maple Grove has
used this rnethod for i 0 years and for nd that the P V C piping has solved their cononion
problem. PVC is about 15% less expensive than our current ductile iron pipe, but the real
advantage is in its long-term life. PVC is expected to last to its design standard of about
100 years, while we are finding that our ductile iron pipe is beginning to fail as early as
20-30 years due to our extremely corrosive clay soils. If you accept the recommendation,
the Engineering Guidelines would be amended to allow use of PVC for watermain. If
not, we will continue installing ductile iron pipe.
8.4 Human Rights Commission Vacancy. One of the individuals you appointed to a
seat on the Human Rights Commission on February 1 has resigned due to a relocation.
You may wish to select one of the individuals you interviewed in December, conduct
additional interviews, or direct us to readvertise for the vacancy.
9.1 Legislative Update. The I-494 and 1-169 barrier bills and Zero Depth Pool bills
have now been introduced in the House and the Senate.
Agenda Number:
TO: Laurie Ahrens, City Manager
FROM: Anne
HurlburCoy
ty Development Director
SUBJECT: DRAFT POND MAINTENANCE POLICY
DATE: February 2, 2005 for the Special City Council Meeting
of February 8, 2005
ACTION REQUESTED:
Review and discuss the attached draft Pond Maintenance Policy. Direct staff to make any
desired changes and to place the Policy on an upcoming regular City Council agenda for
adoption.
Members of the 2004 Surface Water Task Force have been invited to the February 8 special
Council meeting. The draft Policy has been made available on the City's web site.
BACKGROUND:
On August 9, 2004, the City Council accepted the report of the Surface Water Task Force (see
minutes of the special Council meeting, attached.) Later, the Council took action to adopt the
2005 rate increase for the Surface Water Utility Fee recommended by the report. The draft Pond
Maintenance Policy, if adopted by the City Council, it would establish policy direction for
implementing many of the remaining recommendations of the Task Force's report.
The policy would provide guidance on the City's responsibility for maintaining the ponds,
wetlands and drainageways that are part of the public drainage system, and explains the
standards for maintaining the different types of ponds that are part of the system. The policy
explains how the program will be funded and how an inventory will be used to establish
maintenance priorities. It describes the procedure for dealing with the existing pond
maintenance agreements. Lastly, it explains the principles for communicating with citizens and
addressing concerns they have about pond maintenance projects.
The draft policy is the product of the efforts of a multi -departmental team, including staff from
Public Works/Maintenance, Public Works/Engineering, Administration, Finance and Community
Development.
BUDGETIMPACT:
The Surface Water Task Force Report estimated the budget impact of pond maintenance. For the
approximately 800 existing water features without :maintenance agreements, the average
maintenance cost was estimated at $7,500 per pond, or about $400,000 per year on a 15 -year
cycle. The City is currently spending about $75,000 per year on the existing ponds, for water
quantity purposes only. Therefore, the budget would need to increase by $325,000 per year to
fund maintenance of existing ponds without agreements. For the 214 existing ponds with
maintenance agreements the average maintenance cost is estimated to be $15,000 per pond, or
about $214,000 per year on a 15 -year cycle. The total annual budget increase necessary to fund
pond maintenance was estimated at $539,000. The Task Force recommended that the Surface
Water Utility Fee be increased gradually over a five-year period to fully fund the pond
maintenance program. The first step of the increase was implemented at the beginning of this
year.
The budget estimated assume only the base -level of maintenance recommended by the Task
Force. For naturally -occurring ponds and wetlands, and stormwater holding ponds, maintenance
would be limited to maintaining drainage structures and channels to keep water flowing and
prevent flooding. For water quality ponds, maintenance would include work necessary to restore
the pond to its original design standard for treatment of surface water, in addition to maintaining
drainage structures and channels to prevent flooding. Any work beyond what is needed to
maintain the drainage and water quality functions of the ponds would require additional funding,
and would be outside the scope of the policy as drafted.
RECOMMENDATION:
I recommend that the Council review and discuss the draft Pond Maintenance Policy. The
Council should direct staff to make any desired changes and to place the Policy on an upcoming
regular City Council agenda for adoption.
ATTACHMENTS:
1. Draft Pond Maintenance Policy
2. Minutes of Special City Council meeting, August 9, 2004
3. Letter to 2004 Surface Water Task Force Members
4. E -Mail Correspondence with Steve Chesebrough and Gerry Unger
2
City of Plymouth
Pond Maintenance Policy
DRAFT FOR COUNCIL REVIEW
Purpose
The purpose of this policy is to provide direction and guidance for maintaining the water quality
and flood prevention functions of all ponds (man-made) and wetlands (natural) that are part of the
City's drainage system. This policy implements the recommendations of the Final Report of the
2004 Surface Water Task Force, consistent with the City of Plymouth Water Resources Plan.
City Responsibility for Maintenance of Drainage System
The City of Plymouth is responsible for maintenance of ponds, wetlands and drainageways that
are part of the City's drainage system. If a pond or wetland is not part of the City's drainage
system, that responsibility belongs to the property owner.
The level of maintenance for different types of ponds will vary based on their role in the drainage
system and their initial design.
Work on naturally -occurring ponds and wetlands, and the streams and other water features that
connect them, will be limited to maintaining drainage structures and channels to keep water
flowing and prevent flooding. Some of these natural basins were included in the City's 1980
Storm Drainage Plan and/or the 2000 H & H (Hydrologic and Hydraulic) Study, and have their
size and flood elevations established by the plan. Maintenance work will focus on restoring or
maintaining the basins to those standards, by removing obstructions to flow such as excess silt or
vegetation. While the naturally -occurring ponds and wetlands may also provide water quality
benefits, maintenance projects will not be undertaken to enhance water quality functions but rather
to maintain the quantity and rate of surface water flow to prevent property damage caused by
flooding. Maintenance will not include work for aesthetic purposes. The City will not assume
responsibility for issues such as removal of trash or debris, removal of vegetation or restoration of
open water area, if they are not related to the drainage functions of the pond.
Work on stormwater holding ponds, which are man-made ponds designed primarily to control
water volume and rate of flow, will be done to the same standards as the naturally -occurring ponds
and wetlands. Maintenance work will focus on maintaining the flood prevention function of the
pond.
Work on water quality ponds will include work necessary to restore the pond to its original
design standard for treatment of surface water, in addition to maintaining drainage structures and
channels to prevent flooding. Most of the ponds built in Plymouth in the last 15 years are water
quality ponds, designed and built to National Urban Runoff Program standards. Many of these
NURP" ponds are currently subject to maintenance agreements between the City and landowner.
Before the City performs any maintenance work on these ponds, the agreement must be dissolved.
Draft, Pond Maintenance Program 1 of 4 1/30/2005
In order to take responsibility for the ponds and wetlands that are part of the drainage system, the
City must have the legal right to enter and perform the necessary work. Most of the drainage
features covered by this policy are on private property. Therefore, if easements are not in place
currently, the property owner must grant them before the City does work on the property. The
City will not normally purchase or condemn easements unless the owner refuses to grant them and
there is a significant flooding problem threatening structures on public or private property that
must be corrected.
Nothing in this policy shall be interpreted to require that the City of Plymouth be responsible for
any costs incurred or work done in the past on any ponds, or to assume responsibility for any pond
covered by an existing maintenance agreement unless it has been dissolved according to the terms
of the agreement. Nothing in this policy shall be interpreted to require that the City of Plymouth
be responsible for any new pond or drainage feature until and unless the City has accepted its final
design and condition as provided by a development: agreement.
Funding/ Budgeting
All costs for the administration and operation of the; pond maintenance program shall be paid for
from the City's Water Resources Fund. The main source of revenues for this fund is the Surface
Water Utility Fee. In order to fully fund this program, annual increases in the utility fee rate will
be necessary for at least the next five budget years. The City Council will make the decision on
whether or not to fund the program, and at what level, each year as part of its budget process.
Decisions on what projects to undertake will also be made as part of the budget process and the
concurrent annual review of the City's Capital Improvement Program (CIP). The budget will
include funds for specific projects and routine maintenance, as well as contingencies or
unallocated funds for emergencies.
Pond Maintenance Inventory
The City's preventive maintenance program will include regular inspection of the drainage system
and ponds, to identify problems and set priorities for both water quality and flood control. Staff
will develop and maintain the inventory and inspect all drainage features covered by this policy on
a regular basis. The initial inventory will include an assessment of the status of easements that
may be needed to perform required maintenance.
Maintenance Priorities
Priority for maintenance projects will be determined based on an inventory and regular inspection
of the drainage system. Top priority will be given to projects needed to prevent or correct
flooding problems threatening structures on public or private property.
Priority for other projects will be based on an evaluation of the following factors. The factors are
not listed in order of importance:
Condition of inlet and outlet structures
Draft, Pond Maintenance Program 2 of 4 1/30/2005
Degree of obstruction to flow (as measured by comparing the current and planned runout
water level, the planned bounce to the 100 -year water level, and percentage obstruction of
inlets and outlets and flows through the basin)
Whether or not an overland overflow route is available
Whether or not street flooding is occurring
Whether or not flooding of yard areas outside of drainage easements is occurring
Whether or not the basin is receiving water flow from another basin with maintenance
issues
Distance from nearest high-quality receiving water (lake or wetland)
Additional criteria for water quality ponds only:
o Size of pond (design volume in acre feet)
o Percentage of original storage volume reduced by sediment
o Treatment Deficiency Priority Area as defined by the Surface Water Management
Plan (Fig.I 10)
Unless other deficiencies are present, water quality ponds (NURP ponds) will not typically be
considered for maintenance projects unless sediment has reduced the pond volume to less than
50% of the original design. Data shows that this is the point at which the water quality efficiency
of the pond is significantly reduced and maintenance is warranted.
As stated above, maintenance will not include work for aesthetic purposes only and will be limited
to work needed to maintain the drainage and water quality functions of the ponds. Therefore,
there are factors that will not be considered when determining the priority of proposed projects.
These include but are not limited to concerns about odors, undesirable vegetation, the desire to
restore open water for recreational uses, and enhancement of wildlife habitat or scenic views.
Pond Maintenance Agreements
Many water quality ponds in the City are subject to pond maintenance agreements between the
City and the property owner(s). While there are some differences in these agreements, most
contain a clause specifying that if the City establishes a program for the maintenance of water
quality ponds, that the owner may petition the City to dissolve the agreement. By approving this
policy, the City of Plymouth is establishing the program anticipated by the agreements.
The process for such petitions will be as follows:
1. Any owner of any part of the "subject property" obligated by a pond maintenance
agreement may submit a petition. The City Engineer will provide a form to collect the
information required to begin the process.
2. Staff will review the petition to determine that the property owner is an eligible petitioner,
and to determine whether or not there are drainage easements over the pond and which are
sufficient to allow reasonable access.
3. If existing easements are not adequate, the property owner shall convey easements to the
City prior to termination of the pond maintenance agreement. Staff will determine the
configuration of easements needed, order title work and prepare the easement. The
petition will not be deemed complete until easements have been conveyed to the City.
Draft, Pond Maintenance Program 3 of 4 1/30/2005
4. Staff will notify the other owners of all the "subject property" that a petition has been
submitted, at least 10 days prior to the City Council meeting at which the petition will be
considered.
5. When all legal requirements have been met, the City Council shall adopt a resolution
terminating the pond maintenance agreement.
6. The resolution will be recorded with each part of the "subject property".
The City of Plymouth will not initiate petitions for termination of a pond maintenance agreement,
except in the event that the pond maintenance inventory indicates a high-priority need for a public
project to prevent flooding or to restore the water quality function of a pond within the next year.
Communications/ Citizen Involvement
Maintenance work on the City's drainage system may create concerns for residents and property
owners. Projects may impact improvements that property owners may have made, such as
landscaping or fences. It is the policy of the City to provide as much advance notice to property
owners as practical so that their questions and concerns may be answered prior to beginning
significant maintenance work, except in the case of an emergency.
Staff will notify all owners of all affected or directly abutting property of all maintenance work in
the open drainage system (such as ponds or ditches) other than at culverts or storm sewer pipes
adjacent to the street. A mailed notice will be sent to the property owner of record 30 days prior to
commencement of the work. In addition, if drainage easements are not present either in the area
where work will take place, or over which access must be gained, the City will request permission
from affected landowners to enter the property.
Property owners often landscape or make other improvements within drainage easements.
Plantings and other improvements (such as fences) are allowed in drainage easements so long as
they do not interfere with the purpose of the easement. However, property owners take a risk that
these improvements may be removed if needed to maintain the drainage system. The City will not
normally replace trees and other vegetation removed during drainage system maintenance.
Growth of volunteer trees and other vegetation may be the cause of drainage problems. City staff
will, however, work with property owners to minimize the amount of vegetation removed. The
City will not replace fences and other structural landscape features or structures in drainage
easements. City staff will, however, work with property owners to minimize impacts on such
structures and preserve materials for re -use, to the extent practical.
Property owners are encouraged to report drainage problems or concerns with the public drainage
system impacting their properties. Staff will investigate all such complaints in a timely manner,
and include such reports in the inventory, to be evaluated when determining priority for City
drainage projects.
Cd/plan/memos/ahurlbur/surface water task force/program draft.doc
Draft, Pond Maintenance Program 4 of 4 1/30/2005
Adopted Minutes
Special Council Meeting
August 9, 2004
Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers, 3400 Plymouth Boulevard, on August 9, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Slavik, Hewitt, Neset, and
Stein.
ABSENT: Councilmember Bildsoe.
STAFF PRESENT: City Manager Ahrens, Finance Director Hahn, Financial Analyst Kohn,
Community Development Hurlburt, Public Works :Director Faulkner, and City Clerk Paulson.
Mayor Johnson explained the Surface Water Task Force was established on February 10, 2004 to
discuss the City's entire drainage network, not just federally required ponds. She stated this
evening, the task force would be presenting their report to the Council. She thanked the task
force members for serving on the committee.
Presentation of Surface Water Task Force Report
Larry Marofsky, task force member, stated the mission of the task force included studying water
quality mandates, pond cleaning, flooding and drainage issues, recommending appropriate City
role, and creating and recommending funding options. He stated they received an overview of
water quality mandates, pond cleaning and maintenance, and flooding and drainage problems.
He stated the majority of the task force discussion focused on the City's responsibilities for
maintaining the water quality and flood prevention ponds (man-made) and wetlands (natural)
which are part of the City's drainage system whether or not these ponds are subject to
maintenance agreements with homeowners associations or other landowners. The task force
agreed that the City should take responsibility for maintaining all ponds and wetlands that are
part of the City's drainage system. An inventory and inspection of the drainage system would be
used to determine when maintenance would be needed. He stated the task force discussed
various funding options to finance this maintenance; that included utilizing the surface water fee,
property taxes, or some other method.
Community Development Director Hurlburt discussed the following recommendations made by
the task force:
1. Continue water quality planning efforts in cooperation with the City's four watersheds and
state and federal agencies. Set specific goals and priorities and monitor their achievement.
Adopted Council Minutes
Special Meeting of August 9, 2004
Page 2 of 6
2. Continue to educate and provide technical assistance to the public about water quality and
drainage issues, and about what they as homeowners and property owners can do in their own
yards to take personal responsibility. Evaluate the effectiveness of education programs.
3. Consider changing any development and maintenance standards and regulations that conflict
with water quality goals, such as limitations on alternatives to lawns or requirements that
increase impervious surfaces.
4. Ensure that the drainage system and ponds are designed with adequate capacity so as to
prevent flooding and increase the need for maintenance in the future.
5. The preventive maintenance program must include regular inspection of the drainage system
and ponds, to identify problems and set priorities for both water quality and flood control.
6. Investigate ways to make pond cleaning more economical and efficient, such as using
volunteers, new technology and/or finding economic uses for resulting fill materials.
7. Publicize to residents and fee payers what the surface water fee and any proposed increases
will be used for and account for spending from the funding in City newsletters and annual
reports.
8. Funding shall be adequate to cover the City's operating and maintenance responsibilities for
surface water infrastructure.
9. The budget must reflect the City's priorities as well as provide for response to emergencies.
10. Any funds collected for surface water management shall be dedicated to that purpose.
11. The City should take responsibility for maintaining the water quality and flood prevention
functions of all ponds (man-made) and wetlands (natural) that are part of the City's drainage
system.
12. The City should inventory and inspect all of the various components of the drainage system,
to determine when a pond or other facility is not meeting standards or needs maintenance.
13. As needed to assume responsibility for the water quality and flood prevention functions of
ponds and wetlands, the City will negotiate easements and/or changes to pond maintenance
agreements on a case-by-case basis.
14. The surface water fee should be a fee, not a tax, so it applies to all property in the City.
15. Increase the surface water fee gradually over five years to reach the level needed to cover
long-term needs for water quality mandates, pond cleaning, flooding and drainage issues.
16. Continue to charge higher surface water fees for properties that have higher water quality
impacts and look for other opportunities to use fees to provide incentives or disincentives as
appropriate.
17. Investigate and apply for any available grants or aid to supplement local funding sources.
She discussed various surface water utility fee assumptions and scenarios for ponds with and
without maintenance agreements. She stated with the current revenue shortfall and adding in
new costs for maintenance for all ponds, with and without maintenance agreements, there would
be a shortfall of $621,032. She discussed a three percent inflationary figure which would
increase the surface water utility fee to $5.09 per month in 2009 from the current figure of $3.25
per month. This would be a 53.85% increase from 2004-2009. She stressed that the surface
water utility fee doesn't include new initiatives or projects, new mandates, new assessments from
watersheds, transfers of existing expenditures to other funding sources, or future storm water
Adopted Council Minutes
Special Meeting of August 9, 2004
Page 3 of 6
holding ponds at the City's total build -out. She explained at build -out, the City could have an
additional 100 -storm water holding ponds, eventually increasing the annual maintenance cost by
an additional $100,000 per year beyond the current estimates. In order to realize a $100,000 per
year increase in revenues from the surface water utility fee, the fee for a single-family home
would need to increase by approximately $0.21 per month, or $2.52 per year, based on the
current rate structure. She stated the City should review assumptions and priorities each year.
Councilmember Hewitt asked about the City's assumption for a disposal site. Public Works
Director Faulkner stated the disposal site is located on the west side of I-494, on the south side of
Schmidt Lake Road. He stated if the City were to clean 10 ponds per year, this site could handle
the material up to 10 years.
Councilmember Slavik stated one of the task force's recommendations is for the City to
negotiate easements and/or changes to pond maintenance agreements on a case-by-case basis.
She stated this would involve costs with the City Attorney drafting agreements, and she asked if
these costs have been figured in. Public Works Director Faulkner replied staff doesn't anticipate
a large cost and is hoping that property owners would donate the easements.
Councilmember Slavik asked if a neighborhood desired to have their pond cleaned, and it wasn't
scheduled to be cleaned as soon as they would like, what would occur then (similar to street
reconstruction projects). Community Development: Director Hurlburt stated the City would
conduct inventory and prioritization of the ponds so residents who desired a pond cleaned for
aesthetic reasons couldn't be moved up on the list.
Councilmember Slavik asked if 50 ponds needed to be cleaned within the next year or two, how
would those ponds be prioritized. Public Works Director Faulkner replied there are a lot of
unknowns until the City completes the inventory; however, he wouldn't expect that to be the
case.
Councilmember Slavik stated if the City takes over pond maintenance, there would need to be
standards for the prioritization of ponds, as the City, could only do so many per year.
Councilmember Hewitt asked if the City would be :liable if residents use the ponds for ice skating
and they injure themselves. Community Development Director Hurlburt replied that the City
wouldn't own the ponds but only have easements from the property owners to access the ponds
for cleaning.
Councilmember Stein asked if the increase in the surface water utility fee only covers the pond
maintenance. Community Development Director Hurlburt replied yes.
Councilmember Stein asked if staff has reviewed collecting a fee from developers to establish a
pond reserve fund, similar to the park dedication fund. Community Development Director
Hurlburt replied for the park system, that covers maintenance, not construction, for development
Adopted Council Minutes
Special Meeting of August 9, 2004
Page 4 of 6
of infrastructure. She stated that the City couldn't collect a fee up front for perpetual
maintenance.
Councilmember Stein asked why the City's surface water utility fee is a little less than average in
comparison to other cities. Financial Analyst Kohn replied many cities haven't addressed the
issue of pond maintenance.
Councilmember Stein asked if there could be a way to tie the surface water utility fee to the
amount of impervious surface. Community Development Director Hurlburt replied the current
fee is already based on the amount of impervious surface.
The Council thanked the task force for all their hard work.
Motion was made by Councilmember Slavik, and seconded by Mayor Johnson to accept the task
force's report and the Council schedules a Study Session to consider raising the surface water
utility fee and implementing a fee increase prior to 2005.
City Manager Ahrens commented that staff is in the process of developing the 2005 budget. She
stated whether or not staff incorporated some of the; task force's recommendations with the initial
budget, this would be one issue that would be discussed at the Council's budget Study Session
on August 23. She stated staff would need a two-month lead to program any rate increase into
the system.
Mayor Johnson asked if the Council approved an increase in the surface water utility fee, could it
be part of the budget process or would there be a required separate hearing. Finance Director
Hahn replied there would be an ordinance amendment, and it would be included in the budget
process.
Councilmember Black stated she is concerned about the residents who had flooding problems
last year, and this could delay those projects until next spring. She asked if the Council could
take action sooner for these projects and what kind of timeframe would be necessary. Public
Works Director Faulkner replied there are some available funds to expedite some of those
projects. He noted that one of the projects was included as an alternate in the mill and overlay
project for Sunset Trail Drive. However, some of the other drainage projects require specific
plans and would need to be undertaken in the spring.
Councilmember Black stated that she would like to proceed with the inflationary part of the
proposal as that could be undertaken fairly easily. She stated the pond maintenance
recommendation, which is more long-term, could take a longer time to review.
Councilmember Slavik stated that she would've preferred to approve the inflationary increase in
the surface water utility fee earlier this year.
Adopted Council Minutes
Special Meeting of August 9, 2004
Page 5 of 6
Mayor Johnson stated that if the Council desired to study the task force's report further, she
could support that. However, she wouldn't want to delay decisions after September. She
indicated that she supports the inflationary increase as she feels that is a base minimum.
Motion was made by Councilmember Black, and seconded by Councilmember Neset to amend
the main motion accept the Surface Water Task Force's report and have staff present their
recommendation for what the surface water utility fee increase should be for the Council's
budget Study Session on August 23.
Councilmember Stein asked if the Council would be considering raising the 2003 storm water
utility fee rate to the rate for 2005 without an increase for 2004. Councilmember Black stated
that is correct. Financial Analyst Kohn added the fee would be discussed during the budget
process.
Councilmember Slavik asked how long it would take for staff to do the inventory of the City's
drainage systems. Public Works Director Faulkner stated he is optimistic that it could be
completed over the next two summers (2005 and 2006) utilizing summer interns.
Councilmember Slavik stated she would be comfortable in raising the surface water utility fee,
but she would like to review the drainage system inventory before she would support the City
assuming pond maintenance.
Mayor Johnson stated that she agrees, but without proceeding with an increase in the surface
water utility fee, it would be a "chicken and egg" scenario. She stated it concerns her that all
ponds eventually drain into the lakes, and residents are unable to address the pond cleaning on
their own. Therefore, she feels compelled that the City might have to assume pond maintenance.
Councilmember Slavik stated she discussed with the City Attorney the possibility of establishing
special taxing districts, similar to assessments, whereby the City could recoup part of the costs
for the cleanup. She noted that there could be a lot of pollution and contamination in the ponds
which could increase the costs of cleanup.
Mayor Johnson stated one of the problems in establishing special taxing districts is who would
be included in those districts since drainage systems encompass large areas.
Mr. Marofsky stated that concern is why the task force is recommending that the City discuss the
homeowners association agreements individually. :If a homeowners association desired to
maintain their own pond, perhaps there could be some type of incentive or rebate from the City.
Robert Schafer, member of the task force, stated if the City were to assume pond maintenance,
according to the agreements, the City wouldn't be able to recoup their expense.
Adopted Council Minutes
Special Meeting of August 9, 2004
Page 6 of 6
There being no further discussion, the Council voted on the amendment. With all members
voting in favor, the motion carried.
The Council voted on the amended main motion and all members voting in favor, the motion
carried.
Mayor Johnson encouraged residents to attend the Council's budget Study Session on August 23
at 7:00 p.m. in the lunchroom.
Adiournment
Mayor Johnson declared the meeting adjourned at 13:37 p.m.
Sandra R. Paulson, City Clerk
January 21, 2005
First Name» «Last_Name_»
Address»
City», «State» «Zip»
Dear «Title» «Last Name »:
I am writing to inform you about an upcoming City Council study session that may interest
you as a member of the 2004 Plymouth Surface Water Task Force. On Tuesday, February 8
at 5:30 p.m. in the Council Chambers at City Hall, the City Council will discuss the enclosed
draft Pond Maintenance Policy. When adopted by the City Council, it would establish policy
direction for implementing the recommendations of the Task Force's report as accepted by the
City Council.
The policy would provide guidance on the City's responsibility for maintaining the ponds,
wetlands and drainageways that are part of the public drainage system, and explains the
standards for maintaining the different types of ponds that are part of the system. The policy
explains how the program will be funded and how an inventory will be used to establish
maintenance priorities. It describes the procedure for dealing with the existing pond
maintenance agreements. Lastly, it explains the principles for communicating with citizens
and addressing concerns they have about pond maintenance projects.
For your information, I am also enclosing a copy of the "Environmental Update" issued last
fall that addresses pond maintenance. You may be interested in signing up for the web e-mail
subscription list, as described in the Update.
You are welcome to attend the meeting. Please feel free to give me a call at 763-509-5401 or
e-mail me at ahurlbur ,ci.plMiouth.mn.us, if you have any questions or comments about the
draft policy.
Sincerely,
G G yii'l GU.
Anne W. Hurlburt, AICP
Community Development Director
enclosures
cc: Mayor and City Council
PLYMOUTH -'q Beaatifu(Ptace to Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
14._,....._,.,,,..... Xnnnnni ni nlvmnuth mn.11s
Page 1 of 2
Anne Hurlburt
To: 'Ungerjerry@aol.com'
Cc: Judy Johnson; Ginny Black; Laurie Ahrens; Ron Quanbeck
Subject: RE: Pond Maintenance
Hi Jerry --
The staff group working on the policy discussed your suggestion (we happened to have a meeting scheduled this afternoon.)
We don't think we could recommend adding the language you suggest (" Maintenance on naturally occurring ponds will not
intentionally be performed that destroys existing wildlife habitat, reduces open water, or reduces historic water levels") for the
following reasons:
It may not be possible to perform some of the maintenance that will be needed without impacting wildlife habitat at some level.
The first priority for maintenance is preventing flooding, and if that means some habitat loss in the short term because vegetation
is removed (for example), we would not recommend holding back on the needed work because of wildlife habitat.
A prohibition on "reducing historic water levels" may also create problems. Maintenance activities may actually be intended and
required to reduce water levels, to prevent flooding. Who will decide what are the "historic" water levels, or that they can't be
reduced to meet the flood prevention and water quality goals of the City? Such issues must be decided on a case-by-case basis
and a broad policy statement would probably not be appropriate.
While we can't be sure we'd ever reduce open water, we can see the possibility of where reducing water levels to prevent flooding
might have the affect of reducing open water. But that might be necessary, so staff would not support a broad policy statement
against it.
I hope that explains what our advice will be concerning your suggestion. See you at the meeting next week,
Anne
Original Message -----
From: Anne Hurlburt
Sent: Tuesday, February 01, 2005 11:44 AM
To: 'Ungerjerry@aol.com'
Cc: Judy Johnson; Ginny Black; Laurie Ahrens
Subject: RE: Pond Maintenance
Hi Jerry --
The draft was posted on the City's website and has had some distribution already, so I'd be a little uneasy about making
any changes to it before the Council study session. However, I will bring up your suggestion to the staff group for
discussion and we'll give it some thought.
Thanks,
Anne
Original Message -----
From: Ungerjerry@aol.com [mailto:Ungederry@aol.com]
Sent: Tuesday, February 01, 2005 11:36 AM
To: Anne Hurlburt
Cc: Judy Johnson; Ginny Black
Subject: Pond Maintenance
Hi Anne,
2/1/2005
Page 2 of 2
Thanks very much for inviting me to the study session on Feb 8. 1 will try to make it. Also thanks for the advance
rough draft of the new policy. I think the rough draft is very comprehensive and good. If I may, I'd like to make one
suggestion:
We state in a couple of places that pond maintenance will not be done to restore open water or enhance wildlife
habitat or for aesthetic purposes. I'd like to propose that we include the "negative converse" for natural wetlands that
says " Maintenance on naturally occurring ponds will not intentionally be performed that destroys existing wildlife
habitat, reduces open water, or reduces historic water levels."
We all think that this action is a given with all the laws we have, but unfortunately it is still occurring in much of
Minnesota. We are also spending taxpayer monies to restore wetlands.
I would appreciate if something like my suggestion could be included.
Thanks
Jerry Unger
2/1/2005
Page 1 of 2
Anne Hurlburt
From: Anne Hurlburt
Sent: Wednesday, February 02, 2005 8:35 AM
To: 'SteveChese1@cs.com'
Subject: RE: POND MAINTENANCE POLICY DRAFT
Steve,
Thanks for your comments. They show that you have the "big picture" in mind and have a good understanding of surface water
issues. However, I would not recommend making some of the changes you suggest to make the policy broader and provide more
details on funding or overall water quality policy. Here's why:
The City's overall policy for surface water is contained in the officially -adopted Water Resources Management Plan. Th a pond
maintenance policy needs to be more narrowly focused on maintaining ponds and the related structures, consistent with that
plan. We do not need or want to duplicate what's in the plan, or in related planning documents such as the Medicine Lake
Implementation Plan or the watershed plans. We also do not need to duplicate what's in the Task Force Report.
It may seem that the policy is more focused on flood control. That is the top priority for maintenance, and only a fraction of the
ponds covered by the policy are truly "water quality" ponds, so that's understandable. Again, the City's water quality plans and
policies are in the overall plan, and can't and shouldn't be repeated in the pond maintenance policy. The perceived conflict
between water quantity and water quality is a good subject for the education program, but this isn't the place for it.
The only reason funding is mentioned in the draft policy is to clarify where the dollars will come from, and to explain that funding
decisions will be made by the City Council as part of the overall budget process --not as part of this policy. It is also important to
make it clear that the amount of maintenance work will depend on the funding provided. This policy should not and does not need
to explain where all of the surface water fee goes. That's what the annual budget is for.
Your suggestion that we consider using volunteers to help us with the inventory is a good one. We are not far enough along at
this point to determine the specific tasks that could be performed, but will keep it in mind. We've already made good progress on
our database design, and have already taken into account the need to inventory all drainage features, not just ponds, and to make
sure it is adaptable to future needs and mandates. These ideas are more for staff -level implementation, and not for the policy -
level document that the Council will adopt.
I hope this helps explain the scope and intention of the policy. Thanks for your comments and continued involvement in this
issue.
Anne
Original Message -----
From: SteveChesei@cs.com [mailto:SteveChesei@cs.com]
Sent: Tuesday, February 01, 2005 2:54 PM
To: Anne Hurlburt
Subject: POND MAINTENANCE POLICY DRAFT
Hi Anne,
Thanks for the invitation to comment. I am attaching my comments as a Microsoft Word file. If you have trouble
with the attachment let me know, and I'll try again. You are certainly welcome to copy my comments to anyone
who cares to read them!
As I said before, I agree with the draft policy. I think it is consistent with, and builds on, the general thrust of the
Surface Water Task Force. The suggestions that I attach are for matters of tone and emphasis (plus I think there
are a couple of potential opportunities to build on). If you want me to explain any of my comments further, let
2/2/2005
Page 2 of 2
me know.
I hope to attend the Council's study session, and hear what others have to say.
Regards,
Steve Chesebrough
Tel = (763) 559-7775
2/2/2005
Attention of Ms. Anne Hurlburt Re: Comments on Draft Policy for Pond Cleaning
Provide more details on funding:
The draft vaguely implies that the entire Utility Fee is dedicated to flood control.
The language should be clarified, to explain something like this:
o The base Utility Fee spends on several projects
o Only the incremental Utility Fee is for pond cleaning.
o The base Utility Fee is not being reallocated to pond cleaning.
Of course, reserve council's right to change the base plan as necessary.
Reconcile water Quality with flood control:
The draft policy reads as if flood control is the only focus; implies water quality is downgraded.
Consider adding explanatory language, to avoid such implications.
The city is already committed to water -quality projects, in the base Utility Fee.
For example, see items 1 & 6 of Medicine Lake's (Phase 2) Implementation Plan' (which was
adopted by council in 2004).
Explain how flood control fits into the overall drainage picture.
Residents & voters have "clean water" expectations. Be straightforward in addressing this.
The strong emphasis on Drainage, Drainage, Drainage could have a downside:
o It sounds like "Move all the water downstream, fast, fast, fast!"
o This aggravates erosion. Sediment conflicts with water -quality goals.
o Add some attention to wetlands' storage & slow-release functions.
De -emphasis of water quality could raise issues of bad faith with voters.
The inventory is an opportunity:
All drainage features should be inventoried (not: just ponds)
The database design should include future needs.
Design -in both the present tasks, and future research tasks.
Repeat that we know mandates are coming, and this helps us get ready.
Opportunity to expand volunteerism:
There is an annual need for repetitious inspections and appraisals.
These are operating costs that the city will find it difficult to fund.
This is an opportunity to recruit a dedicated band of volunteers, and be cost-efficient.
Politically, environmentalism is growing. This is attractive to volunteers.
It's an opportunity for Plymouth to "Show the way"
Consider broadening the policy statement:
Retitle it as Surface Water Drainage Policy, and. then say ...
Today we are addressing the Ponds Maintenance portion."
Other segments (drainways, storm drains, culverts, etc.) will be addressed in the future.
Integrate Plymouth policy with other jurisdictions and watersheds.
Include a statement on erosion (Example: "We are aware of it; To be addressed.").
Item 1 is "Erosion Control, And Stream Bank Stabilization" for $915,000. Item 6 is "Plymouth Creek
Outfall Basin" (improve and increase water quality treatment) for $275,000.
Submitted by Steve Chesebrough, 1 -Feb -05 (member of the Surface Water Task Force)
Agenda Number: OS
TO: Mayor and City Council
FROM: Laurie Ahrens, City Manager
SUBJECT: Set Future Study Sessions
DATE: February 3, 2005, for Council study session of February 8, 2005
1. ACTION REQUESTED: Review the pending study session topics list and establish future
special meetings or amend the topics list if desired.
2. BACKGROUND: Attached is the list of pending study session topics, as well as calendars
to assist in scheduling.
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Discuss development standards (MEMO) (Black, Stein, Johnson)
Other requests for study session topics:
Update with City Manager — quarterly (next mtg. May)
Discuss requests for City membership in organizations, such as
North Metro Mayors Assn., NLC, US Conference of Mayors
Johnson)
Campaign sign enforcement
Discuss Point of Sale Program (Stein)
Consider meeting with senators and congressman (Johnson)
Discuss prosecution philosophy with respect to City Attorney
services (Bildsoe)
Street Reconstruction Program and Special Assessment Policy
Consider United Properties proposal
OFFICIAL CITY MEETINGS
February 2005
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
7:00 PM
PLANNING
7:00 PM HUMAN
RIGHTS
2:00 PM -7:00
PM FIRE & ICE
COMMISSION, COMMISSION- FESTIVAL,
Council Chambers Medicine Lake Parkers Lake
Room
6 7 8 9 10 11 12
5:30 PM SPECIAL CITY
COUNCIL MEETING:
DISCUSS DRAFT
POND MAINTENANCE
IMPLEMENTATION;
CounCH Chambers
5:30 PM PUBLIC
HEARING ON
NO -WAKE
ORDINANCE, Council
Chambers
7:00 PM PARK 8
REC ADVISORY
COMMISSION
PRAC), COUnCII
Chambers
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
7:00 PM
ENVIRONMENTAL
OUALnY COMMITTEE
EQC)'Counci
Chambers
ASH WEDNESDAY
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ADVISORY
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PLANNING
COMMISSION,
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORrrY (HRA),
Council Chambers
Chambers Council Chambers
20 21 22 23 24 25 26
PRESIDENTS
DAY - City
Offices Closed
7:00 PM
REGULAR
COUNCIL
MEETING, Council
Chambers
7:00 PN
PLYMOUTH
ADVISORY
COMMITTEE- ON
TRANSIT (PACT) -
Medicine Lake
Room
7:30 AM -9:00 AM MLC
REGIONAL
BREAKFAST, Plymouth
Radisson Hotel &
Conference Center
9:00 AM SPECIAL
COUNCIL
MEETING - SET
2005 GOALS &
PRIORITIES;
Plymouth Creek
Center
27 20 Mar 2005Jan2005
6:45 PM YOUTH S M T W T F S S M T W T F S
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OFFICIAL CITE" MEETINGS
March 2005
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
7:00 PM
PLANNING
COMMISSION,
Council Chambers
3
7:00 PM CHARTER
COMMISSION
MEETING, Lunch
Room
4 5
Feb 2005
S M T W T F S
1 2 3 4 5
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RIGHTS
COMMISSION -
Medicine Lake Room
6 7 8 9 10 11 12
5:00 PM SPECIAL
COUNCIL MEETING:
DOWNTOWN&
OTHERDEVELOPMENT
ISSUES: Lunchroom
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Councd
Chambers
7:00 PM PARK &
REC ADVISORY
COMMISSION
FRAC), Council
Chambers
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
13 14 15 16 17 18 19
6:00 PM YOUTH
LEADERSHIP
FORUM, Plymouth
7:00 PM
PLANNING
COMMISSION,
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORI Y(HRA),
Medicine Lake Room
Creek Center Council Chambers
20 21 22 23 24 25 26
PALM SUNDAY 7:00 PM Good Friday11:45 AM
PLYMOUTH PLYMOUTH
BUSINESS
COUNCIL,
Sheraton
Minneapolis
West 12201
ADVISORY
COMMITTEE ON
TRANSIT (PACT) -
Medicine Lake
Room
Ridgedale Drive,
Minnetonka
27
EASTER
SUNDAY
28
6:45 PM YOUTH
ADVISORY
COUNCIL, Council
Chambers
29
7:00 PM
REGULAR
COUNCIL
MEETING, Council
30
6:00 PM BOARD &
COMMISSION
RECOGNITION
EVENT - Plymouth
31 Apr 2005
S M T W T F S
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OFFICIAL CITE' MEETINGS
April 2005
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
Mar 2005 May 2005
S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 4 5 6 7
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DAYLIGHT
SAVINGS
COMMENCES-
set clocks ahead 1
hour
7:00 PM BOARD of
Council ChambersoundZ4TIber
SPECIAL CITY
COUNCIL MEETING
Immediately following
ad. of Equalization):
CITY MANAGER
QUARTERLY UPDATE,
Council Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HUMAN
RIGHTS
COMMISSION -
Medicine Lake
Room
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ADVISORY
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TTEERECADVISORY
alIs!
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PRAC), Council
Chambers
17 18 19 20 21 22 23
8:00 AM -1:00 PM
HUMAN RIGHTS
COMMISSIONSTUDENT
WORKSHOP, Plymouth
Ice Center
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORITY (HRA),
Medicine Lake Room
00 AM CITYT-,=caAUCTION, City
Maintenance Garage,
1490023rd Aeenue
PASSOVER
7:00 PM BOARD OF
EQUALIZATION
RECONVENED),
Council Chambers
BEGINS AT
SUNSET
24 25 26 27 28 29 30
6:45 PM YOUTH
ADVISORY
COUNCIL, Council
6:00 PM YOUTH
SERVICE AWARDS,
Council Chambers
7:00 PM
PLYMOUTH
ADVISORY
Chambers COMMITTEE: ON
TRANSIT (PACT) -
Medicine Lake
Room
7:00 PM REGULAR
COUNCIL
MEETING, Council
Chambers
modified on 2/:3/2005
OFFICIAL CITY MEETINGS
May 2005
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
7:00 PM 7:00 PM HUMAN
PLANNING RIGHTS
COMMISSION, COMMISSION -
Council Chambers Medicine Lake
Room
8 9 10 11 12 13 14
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ADVISORY
COUNCIL, Council
Chambers
7:00 PM
REGULAR
COUNCIL
MEETING, Council
Chambers
700 PM
ENVIRONMENTAL
OUALITYcoMMrrrEE
EOC), council
chambers
7:00 PM PARK 8
ITEC ADVISORY
COMMISSION
PRAC), Council
Chambers
10:30 AM
PLYMOUTH
HISTORY
FEST, Parkers
Lake Park
15 16 17 18 19 20 21
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PLANNING
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Council Chambers
7:00 PM HOUSING 8
REDEVELOPMENT
AUTHORITY (HRA),
Medicine Lake Room
9:00 AM -3:30 PM
PLYMOUTH
CLEAN-UP DAY,
Public Works
Maintenance
Facility
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6:45 PM YOUTH vAMPLYMOUTN
BUSINESSCOUNCIL,SI r
7:00 PM
ADVISORY
COUNCIL, Council
M^^'W°d•Wt12MI
RxpWYpw MknMmb
PLYMOUTH
ADVISORY
Chambers
5:00PM-0:M MSPECIAL
COUNCIL MEETING: YOUTH
COMMITTEE ON
TRANSIT(PACT)-
TOWN FORUM. Pq— Medicine Lake
c_ 0-.
Room
T:00 PM REGULAR COUNCIL
MEETING, C.W1 ChIll-
29 30 31 Jun 2005Apr2005
MEMORIAL DAY S M T W T F S S M T W T F S
Observed) - City
Offices Closed
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