2025-04-23 WS, Board of Appeal & Equal. & CC Packet

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Memorandum Date: April 15, 2025 To: Interim City Administrator Lewis From: City Clerk Bender Subject: Proposed Brian Drive Storm Pond Project On August 28, 2024, former City Administrator/Engineer Mark Statz proposed a Storm Water Utility Project to the Council at a work session. The project would lower the water level of a city- owned pond that is directly adjacent to the rear yards of four homes: 6996 Brian Drive and 1922, 1932, and 1940 Eagle Trail. The project would entail installing an outlet structure in the pond and connecting it to the existing stormwater system along the north curb line of Eagle Trail. The property owners at 6996 Brian Drive have requested a drainage project for several years. Statz estimated the project would cost approximately $45,000 with funding sources of $12,000 of special assessments ($6,000 from 6996 Brian Dr and $2,000 each from the Eagle Trail properties) and $33,000 from Storm Water Fund. Statz also stated that the pond does not have a piped outlet, only an outlet ditch at the northeast corner of the pond, which only takes drainage from the rear yards of the homes abutting the pond and does not take any drainage from public rights-of-way. He stated that most other stormwater ponds do have a piped outlet. It was anticipated that with the proposed project, the Normal Water Level of the pond would be around 902 (about 1.5 feet lower than the current level). Discussion among the council at that time was focused on the uniqueness of the situation, increasing the cost share due to issues with the development of properties, and not setting a precedent. Statz stated that he would determine whether a RCWD permit was needed, and he would return to the Council for a feasibility study to commence the project. On January 22, 2025, Statz proposed moving forward with the project, as no permit was needed with RCWD and Special Assessment Agreement & Waivers of Hearing and Appeals would be obtained by the affected property owners as all seemed amendable to the project. He stated that the estimated project cost did not include any indirect fees (e.g. feasibility study, assessment roll, public hearings, etc.) On February 10, 2025, all affected property owners received a proposed Special Assessment Agreement/Waiver of Hearing & Appeal. Two of the property owners signed the agreements: 6996 Brian Drive and 1940 Eagle Trail. 7