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HomeMy WebLinkAboutCity Council Minutes 02-08-2005 SpecialAdopted Minutes Special Council Meeting February 8, 2005 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Council Chambers, 3400 Plymouth Boulevard, on February 8, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Willis, Hewitt, Slavik, Bildsoe arrived at 6:10 p.m.), Stein, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Community Development Director Hurlburt, City Engineer Quanbeck, Finance Director Hahn, Financial Analyst Kohn, Park and Recreation Director Blank, Public Works Superintendent Vetsch, Street Supervisor Newberger, and City Clerk Paulson. Draft Pond Maintenance Implementation Community Development Director Hurlburt presented the proposed Pond Maintenance Policy. She explained this policy would provide guidance on the City's responsibility for maintaining the ponds, wetlands, and drainageways that are part of the public drainage system as well as standards for maintaining the different types of ponds that are part of the system. The policy explains how the program.would be funded, how an inventory would be used to establish maintenance priorities, the procedure for addressing existing pond maintenance agreements, and the principles for communicating with citizens and addressing concerns they have about pond maintenance projects. She stated that on August 9, 2004, the Council accepted the report of the Surface Water Task Force. The Council also adopted the 2005 rate increase for the surface water utility fee recommended in the report. She stated the policy states that the City would be responsible for maintaining the drainage systems in the City that consist of naturally -occurring ponds and wetlands, stormwater holding ponds, and water quality ponds. She explained there would be the need for easements and limitations on what the City would be responsible for. Regarding funding/budgeting, as part of the budget process, the Council would determine the funding available as well as what projects would be undertaken. In order to determine the priority of projects, staff would complete a pond maintenance inventory. She stressed that top priority would be given to projects needed to prevent or correct flooding problems threatening structures on public or private property. She noted that some of the evaluation factors include condition of inlets and outlets, obstructions, overland flows, street flooding, flooding yards outside of easements, receiving water from other basins with maintenance issues, distance from nearest high-quality receiving water (lake or Adopted Council Minutes Special Meeting of February 8, 2005 Page 2 of 5 wetland). For water quality ponds, additional factors would include size, percentage of volume reduced by sediment, and treatment deficiency priority area. She stated the policy outlines a procedure for addressing pond maintenance agreements, which would involve owners petitioning the City to dissolve the agreements. She noted there is a part in the policy that addresses communications and citizen involvement process. A 30 -day written notice would be, provided to property owners, regarding how the City addresses landscaping and other improvements within drainage easements, as well as investigation of complaints. Councilmember Hewitt asked if the City requires drainage easements for new construction. Community Development Director Hurlburt replied yes. Councilmember Hewitt asked when staff is inventorying the ponds, would the buffer areas be reviewed, as in some cases, the buffers are mowed down. Community Development Director Hurlburt replied those areas would be reviewed, but she noted that buffers are required for wetlands, not ponds. She stated that articles would be appearing in the City's Environmental Extra, which is published three times per year. Councilmember Hewitt asked if staff had considered completing the pond inventory prior to the adoption of this policy. Community Development Director Hurlburt replied that detailed pond inventory would occur in practically all of 2005. She stated that it wouldn't be necessary to have the inventory in order to adopt the policy. Councilmember Slavik stated the reason why she was suggesting the inventory first was that perhaps it would assist in creating a better policy. Community Development Director Hurlburt stated that if the inventory were completed first, perhaps that would be an evaluation factor of the policy. She stated that after a good majority of the inventory is completed this year, there would be a recommendation for funding projects in 2006 and any immediate projects that should be completed in 2005. Councilmember Slavik stated that she would feel more comfortable with having the inventory completed first before the policy is adopted in case there would be any additional information to incorporate in the policy. Councilmember Slavik asked what would occur if the design standards for ponds in new developments don't meet the requirements of the City. Community Development Director Hurlburt replied that with any new development, before the developer could turn over the maintenance of that facility to the City, it would need to meet the design standards. Adopted Council Minutes Special Meeting of February 8, 2005 Page 3 of 5 Councilmember Slavik asked if it would be necessary to add language under the funding/budgeting area that perhaps a future Council could decide not to fund the program. Community Development Director Hurlburt replied that it wouldn't change the policy, but it would change the funding and the number of projects that the City would be allowed to do. Councilmember Stein asked about the petition process, and how that would be figured in if a pond is over 50% full and is recommended for maintenance. Community Development Director Hurlburt replied the City would need to dissolve the agreement if petitioned, but that doesn't mean the pond would be maintained immediately. She stated the City wouldn't initiate dissolving an agreement unless it was determined a public hazard. Councilmember Black stated there is a need to manage expectations of neighborhoods if, the City would be assuming the pond maintenance, since it isn't automatic that the City would be maintaining the pond immediately if that would be the case. Therefore, there needs to be an educational component. Councilmember Black suggested that there be a section in the policy regarding TMDL total maximum daily loads), impaired water, and other Federal and State mandates that the City would be subject to. Councilmember Willis asked if the older water quality ponds that were constructed prior to the last 15 years, are subject to the same standards, and if the City is required to assume the maintenance. Community Development Director Hurlburt replied the water quality ponds are subject to maintenance agreements, and the majority of them have the provision that if a policy is adopted for maintenance of ponds, the neighborhoods could petition the City for maintenance of those ponds. Councilmember Willis asked with respect to the inventory, does the City have the easements that are necessary. Community Development Director Hurlburt replied that staff is confident that the manmade ponds have drainage easements; however, there could be older areas that don't have them. She stated part of the inventory consists of determining if there are the necessary easements to maintain the structures. Councilmember Willis asked if this policy would address any habitable structures that have been constructed in the flood area. Community Development Director Hurlburt replied that this policy wouldn't address that, and that would be more defined as a flooding event rather than part of the inventory. Adopted Council Minutes Special Meeting of February 8, 2005 Page 4 of 5 Councilmember Willis stated those structures should be inventoried whether placed purposefully or accidentally. Councilmember Willis asked about the funding to undertake these activities. Community Development Director Hurlburt stated 20% of the water resources fiend would be allocated to get the program started, and it would be the first of a five-year program. Councilmember Willis asked if additional staff would be hired. Community Development Director Hurlburt replied no. City Manager Ahrens added for the first four to five years, it would be more prudent contracting the work. Mayor Johnson suggested that for new developments, staff provides information to developers on best practices for the water quality ponds even though the City would be assuming the maintenance of the ponds. Councilmember Hewitt stated the material removed from the ponds would be placed on City property west of I-494, and she asked if the City would be budgeting for the hauling of the material if in the future there would be a park developed on that property. Park and Recreation Director Blank replied the material would assist in grading the site to park standards, but there are no plans to build on that site for the next five years. He stated the site would be covered as it's built according to grade. Councilmember Hewitt asked where the material would be hauled after that site is filled. Community Development Director Hurlburt replied a location would need to be determined. Councilmember Black added that the City does test the material so it is higher quality. Jerry Unger, 10607 57t" Place North, agreed with Councilmember Black that future Federal and State mandates should be referenced in the policy as well as requiring developers. to meet City standards for the water retention ponds before they are turned over to the City. He suggested that under conditions of the policy, the City includes a statement that every effort would be made to sustain wildlife during pond maintenance. Terrie Christian, 9910 South Shore Drive, voiced her support for the pond maintenance program. She requested that the Council consider expansion of the surface water fee for the dredging of certain parts of Medicine Lake in addition to the pond maintenance activities. Councilmember Black stated that the dredging was determined a lower priority than constructing the pond at Plymouth Creek and the other ponds on the east side of the lake. She stated that this is a matter of patience and priorities. Adopted Council Minutes Special Meeting of February 8, 2005 Page 5 of 5 Keith Pizalla, 2700 Pineview Lane, asked if the City has looked at using suction equipment to clean out the ponds. City Engineer Quanbeck replied the City has used that procedure for other projects. Mr. Pizalla voiced his concern on what he perceives as a lack of silt fences for new developments. Mayor Johnson suggested that he discuss specific projects with her and Community Development Director after the meeting. Ken Campbell, 16820 9th Avenue North; on behalf of Gleason Lake Association, asked if every pond is the City is linked to a watershed district and if the watershed districts would assume some maintenance rather than a "hodgepodge" of cleaning. Mayor Johnson replied that the surface water plan for the City addresses all four watersheds. When the Council prioritizes the spending, that would determine which ponds would be undertaken. Mr. Campbell requested that Gleason Lake be moved up on the priority list for improvements. Councilmember Black provided suggested language changes to the policy. Community Development Director Hurlburt stated that staff would incorporate that language as well as other comments received this evening in the proposed policy for the March 8 Council meeting. Adiournment Mayor Johnson declared the meeting adjourned 7:00 p.m. andra R. Paulson, City Clerk