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HomeMy WebLinkAboutCity Council Minutes 01-13-2004 SpecialAdopted Minutes Special Council Meeting January 13, 2004 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 5:03 p.m. in the Council Chambers, 3400 Plymouth Boulevard, on January 13, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Neset, Bildsoe, Stein, and Black (arrived at 6:12 p.m.). ABSENT: None. STAFF PRESENT: City Manager Ahrens, Public Works Director Faulkner, Community Development Director Hurlburt, Finance Director Hahn, Financial Analyst Kohn, Assistant City Attorney Jamnik, and City Clerk Paulson. Review Surface Water Fee and Pond Cleaning Mayor Johnson stated the Council would be reviewing the surface water fee and possible pond cleaning. She stated for all typical single family homes, there is a $3.25 per month surface water fee, which is used for water quality and drainage issues. Without undertaking any pond cleaning, the Council is considering a 5% inflationary increase in the fee, raising the rate to $3.41 per month. If the City would assume pond maintenance, there would be a 20% increase ($.65) which would include the cost of inflation. This increase would only address water quality ponds constructed by developers since 1992. That percentage could be larger depending upon the ultimate scope of the project and whether a City -owned location could be found to store dirt and sediment dredged from the ponds. She stated in 1992, the City began requiring developers to construct water quality ponds in new developments. Since that time, approximately 200 ponds have been constructed. Financial Analyst Kohn discussed the following options that were contained in the staff report: 1. Enforce the existing pond maintenance agreements. Water quality ponds under maintenance agreements would have to be maintained and cleaned by the responsible party for each pond maintenance agreement. 2. City assumes the responsibility of maintaining and cleaning water quality treatment ponds currently under pond maintenance agreements. 3. Defer the maintenance and cleaning of water quality ponds under maintenance agreements for a specified or indefinite period of time. Under this option, the City could choose not to enforce the existing maintenance agreements. Adopted Council Minutes Special Meeting of January 13, 2004 Page 2 of 7 He stated as of December 31, 2003, there are 150 signed pond maintenance agreements covering a total of 214 water quality ponds, 24 of which are older than 10 years. It is expected that approximately 10 ponds, covered by maintenance agreements, would be added each year for the next 10 years. In addition, there are approximately 520 other ponds, drainage basin areas, and wetlands which the City is responsible for maintaining pre -1990s). He noted that the pond maintenance agreements could become void if the City would start to move sediments to treat water for water quality purposes. He stated those residents with the pond maintenance agreements feel that they pay for pond maintenance and the construction of ponds through their surface water fee. He also noted that the homeowners associations do not have the expertise to maintain the ponds. City Manager Ahrens added that this issue originated with the homeowners associations who the City has agreements with. She reiterated that there are 520 other drainage ways not constricted as ponds where the City would need to clean occasionally. James Griffin, 18530 32 d Avenue North, voiced his opposition for the City to assume the pond maintenance for the newer subdivisions since the ponds have increased the value of homes in those subdivisions. He stated their homeowners association had asked the City to assume a park system in their development, but the City declined so the association constructed their own. Vali Kardashian, 1015 Ives Lane, stated there is a very large pond to the west of her neighborhood, and the residents cleaned the pond at their own expense. She noted that there was a problem with purple loose strife, and currently it's still there and spreading. She stated that this pond connects to Medicine Lake. Arlyce Theis, 2745 Larch Lane, requested that the developers assume the cost for pond maintenance. Kermit Eisinger, 15036 30th Avenue North, stated he is concerned about the manner in which the ponds would be treated. He stated it would be very difficult in many developments for the heavy equipment to access the ponds as they are completely surrounded by homes. He asked how they would remove the residue. He stated he is concerned about the cost for pond maintenance, and what the City is collecting for the surface water management program. He stated many residents in the City are on a fixed income, and many of the City's rates along with future school bond issues, keep increasing. He agreed with Mr. Griffin that property owners who have a pond in their neighborhood benefit with increased property values. He stated he understands that the biggest contribution for sediment and waste into drainage ways is from automobiles. Therefore, perhaps there should be a tax applied to automobiles. Jerry Unger, 10607 57th Place North, from the Harrison Townhomes Association, stated he supports the City paying for the cost for pond maintenance. He illustrated the Harrison Place development, and he stated even though he lives near the pond, there isn't Adopted Council Minutes Special Meeting of January 13, 2004 Page 3 of 7 any added value to his home. He explained that the pond is a sedimentation pond. He stated he originally contacted the City in April 2001 regarding this issue. The residents of Harrison Place have petitioned the City to assume the responsibility of pond cleaning. He discussed their pond maintenance agreement with the City. He stated there are three sections in the agreement, which are pond construction, pond maintenance, and termination agreement. Regarding the pond construction, the developer was required to construct the pond to certain specifications as required by the City. The costs for the construction of the pond were passed onto the homeowners of Harrison Place when they constructed their homes. Regarding the pond maintenance section, the responsibility was assigned to the developer and then to the homeowners association. The residents of Harrison Place believe that they lived up to the agreement. He indicated that the residents have hauled out trash from the pond, they have constructed buffers around the pond to decrease the amount of runoff, they have removed invasive trees, and they have alerted staff when there has been silt that has flowed into their pond from the development on Trenton Lane. They requested the developer to dredge the pond when the development was complete. However, that didn't occur, and the City arranged for it to be cleaned during February 2001. He suggested that the City require developers to dredge the ponds before they leave the development, if that isn't current practice. He stated the third section of the agreement, which is the termination agreement, states that if the City is maintaining other ponds and drainage ways within the City, the contract should be terminated. He commented that there appears to be an issue on the existence of a City policy for pond maintenance. He stated there have been numerous articles in City publications as well as on the City's website, that imply that the surface water fees would be utilized to clean and maintain ponds. He stated surface water fees have recently been used to construct ponds in the City as well as to dredge ponds (i.e. Boulder Ridge development). He stated this constitutes a policy, and the City has satisfied the necessary elements to terminate pond maintenance agreements. He stated there is a tremendous need for work on wetlands and ponds in the City, and ponds accumulate massive amounts of sedimentation, which could cause future flooding in the City. He stated he realizes that there is a lot of competition for the surface water fee funds; however, he supports an increase in the fee. Marge Beard, 10910 34t" Avenue, stated that all residents shouldn't be paying for maintenance on private property. Larry Klick, 10705 57th Avenue, stated he believes that everyone is responsible for clean water. He noted that if there are over 800 wetlands/ponds/drainage ways that are filtering water and sediments, there needs to be maintenance, and he is willing to pay the increase in fee for clean water. Cal Baldry, 1115 Peony Lane, stated the issue of pond maintenance needs to be addressed, and he supports an increase in the surface water fee. Adopted Council Minutes Special Meeting of January 13, 2004 Page 4 of 7 Keith Pizzala, 2700 Pineview Lane North, stated he understood that there was supposed to be a credit for residents who have buffers around the ponds. However, many of those residents adjacent to the ponds aren't satisfying that requirement as many of them mow their lawns directly to the ponds. He stated it was previously discussed that barley bales could be used to remove the algae in the ponds. He commented that there are no buffers for the new development at the intersection of Highway 55 and West Medicine Lake Drive. He noted that he is aware of three neighborhood hockey rinks that are lit which have been constructed by property owners, and in the spring, these areas flow into the ponds. He stated since many residents haven't complied with some of these requirements and the City hasn't ordered them to do so, he feels that there shouldn't be an increase in the surface water fee. Mayor Johnson acknowledged that there are difficulties in enforcing all aspects of the pond maintenance agreements, and the City doesn't have the constitutional authority to assess for those types of things. Marsha Videen, 1151 Kingsview, asked if the surface water fee funds that have been collected to date have been used for pond cleaning. Mayor Johnson replied no. She stated some of the funds have been used for dredging and flooding issues. Ms. Videen stated the City represented the surface water fee as a water quality fee, which she believes should be the focus. She stated it doesn't make sense to use the first portion of the fee for private ponds. She asked if residents could do more to reduce the necessity of pond cleaning. She agreed that there are a lot of manicured lawns right to the edge of the ponds. She believes that construction enforcement needs to be improved. She stated if the City were to assume pond maintenance, what would occur with the homeowners associations funds if they hadn't cleaned the ponds. Would those funds be escrowed or would the City be entitled to those funds. Fred Kickertz, 2205 West Medicine Lake Drive, believes that the City should enforce the homeowners association agreements. He stated for the associations to imply that they weren't aware of the pond maintenance agreement is ignorance. He stated they could receive competitive bids and do more extended maintenance in the future. Robert Schafer, 17700 38`h Avenue North, Cornerstone Commons Group, stated there is a lot of misinformation on whether the water quality ponds are private areas. He stated they are really a substitute for storm sewer, which is due to the flat topography of the land. He stated he moved to Cornerstone Commons so they wouldn't need to shovel the snow or mow the lawn. They didn't locate there because there was a pond, and they felt it would increase the value of their home. He stated they were unaware of a pond maintenance agreement, and they approached their developer to inquire if there was any type of agreement. They were told that they didn't have any type agreement in their files for pond maintenance, so they contacted the City and were presented with the agreement. He stated their development is partially responsible for five ponds, and the developer told them that each property owner would only need to spend $35 every four years to have the Adopted Council Minutes Special Meeting of January 13, 2004 Page 5 of 7 ponds tested, as they are self -maintained. There was no mention of dredging at that time. He noted that drainage from an adjacent development has been draining into their ponds. He voiced his support for the increase in the surface water fee as he feels this is very similar to the City maintaining the storm sewer system. Don Trevartuen, 3435 Olive Lane North, in the Heather Run neighborhood, stated the ponds in their neighborhood work very well. He stated regarding water quality, he assumes that the Council is discussing dredging, not routine algae control as their development patrols that. He stated, as for dredging, it would be very difficult for equipment to access many of the ponds without damaging the landscaping. Jack Gassner, 5570 Nathan Lane, requested that their homeowners association meet with the City Manager and Councilmembers Bildsoe and Black. Terrie Christian, 9910 South Shore Drive, stated she supports an increase in the surface water fee. She stated her understanding of the fee is that there is a priority to clean the lakes. If the ponds weren't maintained, they would affect the water quality of the streams and lakes. She stated that for future developments, developers need to inform the property owners if they are responsible for pond maintenance. Joe Maalouf, 15905 486' Avenue North, voiced his support for increasing the surface water fee for pond maintenance. Sally Strand, 11931 5th Avenue North, also voiced her support for increasing the surface water fee. She explained the importance of maintaining ponds and utilizing buffers, i.e. cattails. Peter Savage, 16255 38th Avenue North, requested that the City assumes pond maintenance, and all ponds are treated the same. Richard Schmidt, 14310 13th Avenue North, stated he doesn't support an increase in the surface water fee, as there would be no end to it. He asked if developers have been required to construct ponds since 1992. Mayor Johnson replied developers are mandated to construct ponds for water quality purposes. Wallace Burgi, 635 Niagara Lane, stated he doesn't have an opinion on the surface water fee. However, the majority of the sediment in ponds is salt and sand, and there wouldn't be environmental issues when ponds are dredged. He noted that he hasn't seen an increase in his salary since 2000. Tov Rezabeck, stated he is President of the Conor Meadows Homeowners Association, and they support an increase in the surface water fee. He requested that staff meet with their association to review their pond as the sedimentation has increased seven feet in a very short period of time. Adopted Council Minutes Special Meeting of January 13, 2004 Page 6 of 7 Community Development Director Hurlburt explained why ponds are constructed as well as the mandated requirement. Mayor Johnson asked if access to the ponds would be difficult. Public Works Director Faulkner replied access to the ponds in some of the older neighborhoods is very difficult. There are easements, but sometimes the easements are blocked with the planting of trees. Mayor Johnson asked if there are incentives for buffer plantings to assist with keeping the water clean. Community Development Director Hurlburt replied there are wetland conservation rules that the City needs to comply with. Storm water ponds are constructed with the intent that water would flow to them before the wetlands. Buffers are required around wetlands based on the functions of the wetland. Financial Analyst Kohn added that there were funds contained in the 2002 and 2003 budgets for incentives for those property owners who added buffers. Mayor Johnson commented that there would be a cost for removal of the soil from the ponds. Councilmember Black added that those soils haven't been proved to be toxic. Mayor Johnson noted that there are pond maintenance agreements currently in place for 214 ponds, and if the City would have a comprehensive policy to address other ponds and drainage areas, there is an opt out clause to those agreements. Assistant City Attorney Jamnik stated that the development agreements are basically promises by both parties, and it's difficult to determine if they are enforceable by which party. As the City develops alternatives and refines choices, the City could then determine what the follow-up effects would be. Mayor Johnson thanked the residents for attending this evening's meeting Councilmember Slavik commented that residents shouldn't assume that the Council supports increasing the surface water fee. She stated she is opposed to increasing the fee, but the purpose of this evening's meeting was to receive input from residents. Councilmember Black explained the definition between a storm water pond and a wetland. She stated there is a huge portion of the City that empties into natural drainage areas, and the City needs to work with the State in those areas. She voiced her support for the City being responsible for pond maintenance for all the ponds in the City. Councilmember Stein stated he doesn't support an increase in the surface water fee. He stated there are issues, i.e. homeowners associations who don't have an opt out clause and future ponds. He requested that a task force be developed that could include a good mix of residents with Councilmembers. Adopted Council Minutes Special Meeting of January 13, 2004 Page 7 of 7 Councilmember Neset stated he agrees with Councilmember Stein, and he would like to see an all-encompassing solution. Councilmember Hewitt also voiced her support for a task force. She stated that all ponds need to be reviewed, and they can all contribute to future flooding if they aren't maintained. Councilmember Bildsoe noted the many issues surrounding this item. He requested that this item be discussed in another month, or the Council form a task force. Residents in the audience were requested by the Council to provide their names and addresses to staff so they could be contacted regarding future public meetings on this item and/or indicate whether they would be interested in serving on a task force. Mayor Johnson declared the meeting adjourned at 7:03 p.m.] ( 1 SAndra R. Paulson, City Clerk