7. City Code and Comprehensive Plan Amendment-Adopt Surface Water Management Plan (SWMP)J
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Diane Desotelle, Water Resources Coordinator
' DATE: August 1, 1994
' SUBJ: Surface Water Management Plan (SWMP) Approval, First Reading and
Comprehensive Plan Amendment
History of the City's SWMP
In September of 1990, the City Council adopted the Surface Water Management Utility Fee
(Ordinance 132). The first priority of the City after establishing the utility fee was to generate
a Surface Water Management Plan (SWMP). In August 1991, the SWMP task force was formed.
' The task force included representatives from the City Council, Planning Commission, city staff,
and representatives of the citizens of Chanhassen. The purpose of the task force was to provide
' guidance to the City in formulating the goals and policies that will result in the successful
implementation of the SWMP. A large component of the plan was to inventory all of the City's
wetlands and stormwater ponds. Preliminary and final reviews of the SWMP were conducted
' in 1993. The final SWMP was completed in February 1994. Upon adoption by the City, the
plan will be forwarded to the Metropolitan Council for adoption into our Comprehensive Plan.
' Final SWMP
The City of Chanhassen's SWMP incorporates stormwater quantity, stormwater quality, and
' wetlands and lakes into a dynamic' plan. The SWMP was designed into two components.
Part I is the stormwater resources
including:
1. Information on regulations.
2. Recommendations and implementation plans.
3. Cost analysis and financing alternatives.
4. Capital improvement program with a city-wide prioritization system for
stormwater quality improvements.
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Don Ashworth
August 1, 1994
Page 2
5. Education program recommendations.
Part H is the technical section including:
1. City -wide stormwater quantity model and map to be updated as changes are made.
2. City -wide stormwater quality model and maps to be updated as changes are made.
3. Inventory of wetlands for planning purposes.
4. Lake water quality assessment and modeling with monitoring recommendations.
5. Storm sewer trunk fees and ponding costs for both water quantity and water quality.
The SWMP has been designed to be modified as the city develops and improvement
projects are completed. A capital improvements program has been included with a
prioritization list of projects. The SWMP also includes a monitoring program to get a
handle on the short and long term effects on the areas water resources. The stormwater
quantity and quality can be altered and various options tested by city staff and/or an
approved consultant.
Water Ouantity/Ouality Fees
' The SWMP has established fees associated with water quantity and water quality
improvements to help finance improvement projects. These fees use an average city -wide
rate for each different land use. The discussion associated with the establishment of these
' fees is in Part I Chapters II and III. Numerous developments are under going the review
process and where these SWMP fees will begin to be generated. The City recommends
' that the SWMP be approved as soon as possible so we can begin to generate funding for
improvement projects.
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State and Federal Wetlands Permitting
The SWMP was designed to use ag/urban wetlands, where necessary, for stormwater
ponding in order to preserve and protect downstream natural wetlands and ultimately the
City's lakes. Although the City has approved the use of these wetlands based on wetland
functions designated in the wetland ordinance, the state and federal regulatory agencies
associated with the Clean Water Acts section 404 (filling and excavating of wetlands) and
401 (water quality to wetlands) do not approve of these actions. The City is in the
process of negotiating the SWMP so that it meets their approval. The City is the first to
establish a SWMP that integrates wetlands, and therefore, we are in many ways a test for
future plans to come for the state and federal agencies. Ultimately, we hope to be able
to permit the whole plan rather than each project as we try to tackle them. In order to
do this, the City will have to compromise on the definition of wetland functions. This
may mean that the plan will have to be more conservative and call for additional
stormwater quality treatment before it is discharged into the existing wetlands. Currently,
Don Ashworth
August 1, 1994
Page 3
the City is still requiring pre - treatment before discharge to any wetland until this issue is
resolved.
PLANNING COMMISSION ACTION
Two work sessions were held on this issue to answer questions and review the plan. The
first work session was attended by the City's consultant, Cecilio Olivier from Bonestroo,
to address the water quantity and water quality fee structure. Attached is a list of
questions and answers that staff thought would be of value for the planning commission.
On July 20, 1994 the planning commission held a public hearing and recommended
approval of the plan.
RECOMMENDATION
Staff is recommending the following motion:
"The City Council approved the adoption of the Surface Water Management Plan as
presented and amendment to the Comprehensive Plan."
ATTACHMENTS
1. Planning Commission minutes dated July 20, 1994
2. Questions and answers about the plan.
g.'engMi- els— ple —p.-
a
i List of Questions that Cite Staff thought Planning Commission might ask:
' 1.How are the water quantity fees assessed?
Fees will be assessed based on the ultimate development conditions and the net acres of land
developed. If the developer is in the upper reaches of a watershed, they can install the
' required storm trunk and ponding system and the construction cost will be deducted from the
fees. If they have to complete temporary ponding because the downstream conditions are not
completed, the assessment will be reduced by the cost of constructing the pond if the pond
' remains permanent, otherwise the costs will not be reduced since the City will have to
ultimately install the full design.
' 2.How are the water quality fees are assessed?
Fees will be assessed based on construction costs to excavate the pond. Currently these costs
are $2.50 per cubic yard. Since the state and federal regulations are limiting the City from
using existing degraded wetlands as water quality basins, all developers are pretreating on-
site. Therefore, their water quality fees are waived.
' 3. How were the fees established and how often will they be reviewed?
City staff recommended that the cost for the average assessment rate be decreased by 35 %.
This put the fees well below the average fees charged by comparable communties. These
' rates should be increase annually in line with the construction price index.
4. Banking
The City should make it a top priority to do some wetland restoration projects and establish a
banking system. Land acquisition along the Bluff Creek corridor is the first step. Once the
City has banking points, these points can be used to perform water quality enhancement
' projects in areas that have been fully developed. These points can also be sold to developers
especially where wetland impacts may be unavoidable such as affordable housing sites.
' 5. What if the developer wants to put a stormwater quantity /quality pond in a different spot?
Pond locations can be easily adjusted if the location is reasonable and effective. The
' modeling is set up to make adjustments as we go.
6. Can we use ag /urban wetlands for water quality basins?
Currently no. The City is in the process (along with the urban wetland coalition) of
discussing functional wetland values with the state and the federal government. The agencies
are pleased with Chanhassen's attempt to be progressive and yet at the same time we can not
currently get a permit to excavate an ag/urban wetland for the benefit of the watershed as a
whole. Our goal is to have them allow us to do this in fully developed communities where
upland is unavailable for ponding.
7. How do landowners /developers find out about the SWMP?
The manual is available for review and they can also purchase it. We recommend $150 for
' the manual and $10 for maps 1,2, and 3 and $15 for map 4. Two copies of the manual will
also be available for review in the Chanhassen branch of the Carver County Library.
8. Should development plans that have gone through preliminary plat, but have not
been final platted be modified to conform to the SWMP?
Staff recommends yes. Technology has changed and most of the modifications would not be
,
complicated. It would also allow the city to assess them for the development and use the
funds to construct priority stormwater projects.
9.Where do the SWMP fees come from?
Assessment fund and the utility fee. Fees are used for maintenance, monitoring, management,
and new projects.
'
10. How long will it take to complete the SWMP?
This is a dynamic plan and will always be a functioning part of the City. Even after the City
'
is fully developed enhancement projects and maintenance will be on- going.
11. Projects that are coming up.
'
Staff is going to prioritize SWMP projects tomorrow and will use these projects to try to get
them permitted to perform this winter.
,
12. Additional Notes
BRA noted that 4 pages were missing the last paragraph and one page was missing in the
appendix. These changes have been inserted into the SWMP. A mailing list of SWMP
,
purchasers will be kept at City Hall in order to keep them updated on the changes.
13. Recommended fee for the SWMP and maps
'
Recommend charging $150 for SWMP, $10 for maps 1,2, 3, and $15 for map 4.
g:\eng\diane\swmp\plan.com I
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i Planning Commission Meeting - July 20, 1994
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PUBLIC HEARING:
AMENDMENT TO THE CITY CODE AND COMPREHENSIVE PLAN TO ADOPT
THE SURFACE WATER MANAGEMENT PLAN (SWMP) FOR THE CITY.
Public Present:
Name Address
Ann Miller 6561 Fox Path
Diane Desotelle presented the staff report on this item.
Scott: Questions or comments from commissioners? Hearing none, this is a public hearing.
May I have a motion to open the public hearing please?
Conrad moved, Harberts seconded to open the public hearing. All voted in favor and
the motion carried. The public hearing was opened.
Scott: This is a public hearing. If any members of the public wish to speak about the
surface water management plan, please step forward. As a matter of record, are there any
people here who would like to speak about the surface water management program? Seeing
none, may I have a motion to close the public hearing?
Ann Miller: I would like to speak.
Scott: Oh, I'm sorry. I didn't see you when I was looking around. Please identify yourself.
Ann Miller: My name is Ann Miller. I live here in Chanhassen As I understand it, this is
an amendment to the City Code and Comprehensive Plan to adopt the Surface Water
Management Plan. Does the surface water management plan include past development?
What's already been developed? Was already illegal. I guess I want to know.
Desotelle: What it has done is we've taken the whole city and modeled it for surface water
quantity and quality to help us with future planning and existing, to see where you know, to
not only slow the runoff rate and try to control... within the whole storm water system.
Maintain the natural resources that we have in the city. The... wetlands. To develop a long
term management program on our lakes and water resources to try to maintain what we have
here in the city.
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Planning Commission Meeting - July 20, 1994 1
Ann Miller: Okay. Can you define surface water for me?
Desotelle: Well surface water is that water which runs off the ground that you see. It's !
different from ground water. Ground water is underneath.
Ann Miller: Would it include holding ponds and lakes?
Desotelle: Yes it would. I
Ann Miller: Okay. So any water that we can see on the surface of the ground... Is there any
liability right now for holding ponds as far as a lot of the holding ponds by the developers, '
that the city has the developers make, who's responsible as far as liability goes and the depth
of those ponds? If a child would drown or something like that.
Desotelle: I think that those would probably be decided on a case by case basis depending on
what has happened.
Scott: I know that some of the P ractices in the surface water management plan specify slopes '
that are quite gradual at the perimeters of holding ponds. Obviously parental diligence is a
priority here but you know from a liability standpoint, case by case by basis. But in this plan ,
there are, there's a second that describes how these particular ponds should be made. The
responsibility for the maintenance of these are usually, there are always easements through ,
the development to get to those ponds so city crews can clean them out, etc, etc. But this
particular plan is available at City Hall and what most people will do, if there's a particular
section perhaps that applies to maybe some issues that you have. Obviously Diane's here to
answer your questions as part of the public hearing. But this is a document that's available to '
everyone and it's very explicit about a number of things you might find interesting.
Ann Miller: Okay. Does it also address hydrologic connections between ground water and ,
surface water?
Desotelle: No. '
Ann Miller: But it does apply to developed areas already...? I
Desotelle: Yes. The runoff rates on developed areas. The runoff rates were based on
undeveloped areas were based on what that future use will be. So we have kind of a worse '
case scenario ... and those certain areas are developed, what sort of flows are we dealing with
and what sort of water quality issues are we dealing with.
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Planning Commission Meeting - July 20, 1994
Ann Miller: What kind of issues directly would developers have to deal with regarding
surface water management?
Desotelle: They will have to give their input, basically what the system sets up is instead of
each development creating ponding areas within individual developments so we have ponds
all over the place, we're trying to set up more of a regional system so maybe somebody
downstream would have a pond built and they would contribute, everybody would contribute
to the whole system so that we could have all ... connecting than have everybody just dealing
with the water on their site. We're looking at the whole watershed and the runoff within the
watershed.
Scott: Good, thank you. Any other comments on the surface water management plan?
Seeing none, may I have a motion to close the public hearing?
Harberts moved, Conrad seconded to close the public hearing. All voted in favor and
the motion carried. The public hearing was closed.
I Scott: Ladd.
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Conrad: I said this at the last meeting. It's a terrific piece of work. It is really what the city
needs and I'm real thrilled that we have it in place. Or it's coming close to being in place.
A couple questions that we had on the committee, and it's called the management of the plan
and I'm not sure where that was. My understanding is that the committee who really watched
over this has been dissolved and that I've also understand that some of the projects that have
been identified have not really been implemented and I also know, I don't believe I've seen
some of the educational things that the committee cared about. They haven't happened. So
my issue is not with the plan. I guess my issue here is to just tell you, it's so much
paperwork to understand this. It's hard to do but in terms of my attempts.
Aanenson: Can we bring you up to date on some of that stuff? I think we haven't
communicated as far as the educational... but we did provide money to the theater group.
They provided ... at all the elementary schools not only that service the Chanhassen students.
Some of them were in Chaska and some of them were in Excelsior Elementary, Clear
Springs. We provided the play Totally Turtle. That was done this spring. We got a great
response from the school. It was all about what happens to water runoff and we got a great
response from the schools on that. Maybe you want to...
Desotelle: ...program throughout the city. I've been meeting with residents of Lake
Minnewashta on a regular basis for the last couple months on Eurasian MUNI. Our long
term goal is to get a lake management plan for each of the lakes and present them to the
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Planning Commission Meeting - July 20, 1994 11
residents and to get feedback from them. I plan on doing a survey on the lakes as far as how
people use their lawns. Lawn care. Water quality care. Things like that that we can get an ,
idea of what's going on there. What areas people really do need more information on. After
we get the draft, Lake Management plan out there, we're going to get feedback from the
residents and then we hope to have a final plan in place by next summer and I hope to get a
lot of citizens involved with helping with the monitoring.
Aanenson: I think one of the things that has come out of this plan ... monitor whether or not '
our plan is actually improving the water quality and that's the intent of the monitoring so we
can evaluate and say yes, we are doing a good job as far as the ordinance and things that we
have in place. So monitoring is a...as Diane indicated, we're working, she's working with '
one group right now...
Desotelle: ...same idea too to get some baseline data and implement some of these problems '
that we talked about...
(There was a tape change at this point in the discussion.) '
Conrad: ...some of the money. There are projects that get approved. You have some money
that gets raised and how does that get managed. And the last thing is, not that I really want
,
to create another commission. I really want to put the bulk of this in staff's lap because
that's what this manual's about. For guiding them. But on the other hand, there's some
things that are beyond what staff might want to do and that is project priority and the
environmental committee, may be that bundling of things. And if that's not there, then I
don't know how it's being managed from a public standpoint, which means who makes sure
these things are happening. Now when we can say staff is but on the other hand, I think we
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have to make sure, I'm real concerned that DNR is not letting us do some of the projects.
Real concerned. If I had known that, we would have been doing some things. Nobody's told
me. I haven't asked however. I don't find that acceptable in terms of, you know I'll find
,
ways to make sure those things get going. But at this point in time there wasn't a mechanism
to get me back involved. So again, I raise those issues and I would really hope that staff,
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when you take this forward to the City Council, that those issues are at least brought up and
that the management of this and the funding of it, if we don't have the staff to do it, that the
funding has to be there. Otherwise this doesn't work.
Mancino: Just a question about the environmental board, a concept and that is, there's a lot
of material here. I mean to pull people who haven't worked on this and to get them up to
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speed with the background information is going to take some time.
Conrad: Yeah. A lot of our committees in Chanhassen, they sort of come in for a while and
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Planning Commission Meeting - July 20, 1994
then they leave and it's probably not real rewarding, to tell you the truth.
Aanenson: But really a lot of the...
Harberts: I think it's really understanding the role of an advisory committee versus that of
technical staff. We look at staff to do the day to day. Understand what the details are and
that your advisory point, that oversight. ...not really an oversight but just to help establish the
values, the priorities and which direction to send staff.
Mancino: But I've never seen a good advisory committee who hasn't go in depth and
understand and work and advise. I mean I don't think you could just sit out here and not
know some of that detailed stuff. I think you need that behind it to make those good
judgments.
Harberts: But I think that's, you know look at the planning and it's the same with the
Planning Commission. Understanding the ordinance. The intent. You know priorities but we
all bring our own kind of spins because of what we feel is important as individuals but yet
keeping it as a community overall perspective. I would think that that environmental
committee would try to serve that same function. I guess my only comment, question. From
my understanding that the, we had a call from our—that this is also consistent with state and
federal requirements or guidelines or whatever it's called?
Desotelle: Right, we have to still follow the Wetland Conservation Act and federal
guidelines. Those are some of the issues I'm dealing with and some of the work we want to
do in wetlands.
Harberts: And didn't we as a ... community exceed those and am I mixing this up with
something else?
Desotelle: Well our ordinance basically allows us to go into some of these "lower
functioning wetlands" but how the city defines them. However, the state and the federal
system do not allow you to do that. If our ordinance was more conservative, it wouldn't be a
problem. But we aren't as conservative so we still have to follow their guidelines and
that's... I'm dealing with. Some of the issues that the state and federal government is dealing
with and they're going to be dealing with extensively in the next couple years. There's other
cities bringing plans forward and growing urban communities. This idea of functioning
wetland and what is considered a high or a low quality and when can you use a wetland for
water quality purposes so that you can maintain the higher functioning wetland for habitat and
other types of natural resources that are important.
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Planning Commission Meeting - July 20, 1994 1
Harberts: That's probably the extent of my comments. The only thing I find is when we
talk about these NURP ponds and everything. How they're supposed to catch all the ,
sediment and runoff and this is all the stuff that's supposed to be settling at the bottom. You
know, what if in 20 to 40 years ... stuff at the bottom.
Aanenson: That's why we didn't want a lot of little ponds. We wanted to...
Harberts: But couldn't that be considered hazardous waste? I
Desotelle: ...and so far from what I've learned is the tests that have been done on this, say
it's not. They don't have the heavy metals and things... Maybe some of the areas where I
you're real close by an existing highway or...
Harberts: So it is the city's responsibility for clean up?
Scott: Well yeah.
Desotelle: Part of the plan is for us to maintain the storm water. ,
Harberts: That's it. I
Scott: Good, Matt.
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Ledvina: I would echo Ladd's comments in terms of the document itself. It's a tremendous
effort. 2 to 3 year effort by the SWMP committee and many, many hours and the
implementation part of it is extremely important and we have to make sure that we find ways ,
of making the types of improvements we want to with the wetland areas and getting those
projects going. That's certainly important.
Scott: Nancy.
Mancino: No new comments. I'm just very impressed by the work that's been done. '
Scott: Okay, Ron. '
Nutting: I'll echo those comments. I'd support the recommendation.
Scott: Jeff.
Farmakes: I support the staff recommendations. I
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Planning Commission Meeting - July 20, 1994
Scott: Good, motion please.
Conrad: Yeah, I make the motion the Planning Commission recommends City Council
approve the Surface Water Management Plan.
Harberts: Second.
Scott: It's been moved and seconded that the motion be voted on as so stated. Is there any
discussion?
' Mancino: I third it.
Conrad moved, Harberts seconded that the Planning Commission recommend approval
of the Surface Water Management Plan as presented. All voted in favor and the motion
carried unanimously.
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PUBLIC HEARING:
AMENDMENT TO THE CITY CODE, ARTICLE XXVI. REGARDING THE SIGN
ORDINANCE.
Public Present:
Name Address
Al & Shirley Seeley
586 West 78th Street
Clem Springer
1550 E 79th Street, Bloomington
Roxanne Gregory
7091 Redman Lane
Wanda Biteler
910 Penamint Court
Randy H. Herman
2792 Piper Ridge Lane
Paul Karlson
7888 Market Blvd.
Herb Bloomberg
7008 Dakota Avenue
Tom Lukes
400 West 78th Street
Bernie Hanson
7890 Market Blvd.
Dave Colehour
7886 Market Blvd.
Debbie Stacionis
7880 Market Blvd.
Robert M. Murray
7900 Market Blvd.
Dan Herbst
7640 Crimson Bay
Kevin P. McShane
180 South Shore Court
Vernelle Clayton
422 Santa Fe Circle
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