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HomeMy WebLinkAboutCity Council Resolution 2007-350CITY OF PLYMOUTH RESOLUTION NO. 2007-350 REPEALING VARIOUS POLICIES WHEREAS, staff has identified the attached list of policies ("Attachment A -D") that are no longer needed as they have been addressed through the City Code, State Statutes, Capital Improvement Program, budget, and other City policies; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL that the policies contained in "Attachments A -D" are hereby repealed. ADOPTED by the Plymouth City Council on August 28, 2007. Resolution No. 2007-350 Page 2 of 6 ATTACHMENT A POLICY RELATING TO STORM WATER DRAINAGE ISSUES ARISING ON PRIVATE PROPERTIES Resolution No 83-579 October 17, 1983 L PURPOSE: It is recognized by the City Council that as Plymouth continues to develop storm water drainage disputes between private property owners will occur. This policy is intended to provide guidance to the public how the City will respond to such situations in an effort to solve the specific problem. The purpose of this policy is to clarify the City's position and role in regards to storm water drainage disputes arising and between private property owners. This policy does not apply to storm water drainage issues on public property or storm water drainage questions addressed specifically by the City's storm water drainage component of the Comprehensive Plan. II PROCEDURES FOR DEALING WITH STORM WATER DRAINAGE QUESTIONS ON PRIVATE PROPERTY: The City's role in storm water drainage issues on private properties shall be limited to data gatherer, negotiator and resource. A. The City will continue to require topography information with building permit application materials to establish the approved landscape contours of each property. Where possible, the building inspector at time of issuance of certificate of occupancy will review the landscape plan against the actual grade at time of certificate issuance. B. When a dispute arises between private property owners regarding storm water drainage on private property, City representatives will attempt to negotiate a solution to the problem which is acceptable to the private property owners. In the event that efforts to negotiate are unsuccessful, City representatives will advise the complainant that the most appropriate route for fiirther action would be civil litigation. C. Prior to, and during any litigation process, the City will make available to the parties relevant materials within its files documenting approved landscape contours, storm water drainage easements or other storm water drainage requirements on the private property in question. Resolution No. 2007-350 Page 3 of 6 ATTACHMENT B POLICY CONCERNING THE USE OF FENCING FOR WATER QUALITY PONDS Resolution No. 95-171 March 7, 1995 Purpose and Objective The purpose of this policy is to provide staff with direction when reviewing requests for fences around water quality ponds. This policy shall also guide the Planning Commission and City Council in the review and evaluation of requests for site plan approvals involving fencing of water quality ponds. The objectives of this policy are to establish, promote, and maintain a safe environment; to encourage the use of appropriate design standards; and to protect and preserve views of the natural environment, while reducing degradation. 2. Standards for Approval of Fences around Water Quality Ponds. Fencing of water quality ponds may be appropriate in special cases where the pond side -slope cannot be made gradual (e.g., when against railroad right-of-way or close to a road). In such cases, a section of chain link fence located at the top of a steep slope or related retaining wall, as the case may be, may help to prevent person from falling into the ponding area. A section of chain link fence may also be appropriate near the inlet and outlet strictures if steep slopes cannot be avoided. The administrative staff including Community Development and Public Safety shall review requests for fencing of water quality ponds on a case -by case basis. Each request shall be reviewed for its site characteristics, design, and overall safety to determine the appropriateness of, and need for fencing. Where no unusual site features or constraints exist, the staff shall encourage the use of city -approved design standards to address safety concerns related to water quality ponds, and shall not encourage the use of fencing. Unusual site features or constraints do not include avoidable self-induced conditions created by the landowner. Resolution No. 2007-350 Page 4 of 6 ATTACHMENT C POLICY ON ADMINISTRATION OF WETLAND CONSERVATION ACT OF 1991 Resolution No. 92-209 April 6, 1992 Purpose• In 1991, the Minnesota State Legislature adopted a law known as the Wetland Conservation Act of 1991. This Act establishes a program for protecting, preserving and altering wetlands as identified within the Act. Also as part of the Act, an interim program between January 1, 1991 and July 1, 1993 is established while the Board of Water and Soil Resources are adopting permanent riles in accordance with the Act. In order that there is uniform administration during the interim program, the City of Plymouth has taken on the responsibility as the Local Governmental Unit (LGU) for administering the Act. Responsible Governmental Unit: The City of Plymouth shall serve as the Local Governmental Unit (LGU) for administering the Minnesota Wetland Conservation Act of 1991. The Engineering Division shall be responsible for its implementation. Management Strate2y: The following management strategies are adopted with respect to wetland management: Wetlands within the City of Plymouth shall be managed using the Wetland Conservation Act of 1991, and the detailed policy outline herein. 2. The City shall require that when there are no feasible or practical alternatives to avoid wetland impacts, wetlands must be replaced by restoring or creating wetland areas of al least equivalent size, quantity, character, and diversity within (or as close to) the same subwater shed as the impacted wetland. In no case will the replacement be allowed in a different watershed or city. 3. Protected waters and wetlands as defined by the Public Waters and Wetland Inventory of Hennepin County and the U.S. Fish and Wildlife Service National Wetlands inventory will be managed through continued coordination with DNR and U.S. Army Corps of Engineer's programs. The City shall notify all persons proposing land disturbing activities affecting these wetlands (i.e., alteration, dredging, filling, etc.) that they may be subject to DNR and U.S. Army Corps of Engineer's jurisdiction and may require a permit for such activities. Resolution No. 2007-350 Page 5 of 6 Implementation: The Wetland Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1989 shall be used as the primary technical guide for identifying if there are wetlands governed by the Wetland Conservation Act of 1991. The applicant shall have the burden of establishing that no wetlands exist or the exact locations of the boundaries and type of wetlands. This shall be determined by a qualified consultant after an on-site inspection and the applicant shall be responsible for all associated costs. The qualified consultant employed by the applicant shall also determine if there is any proposed exemption, in accordance with the act, for any wetlands identified within the site. In keeping with the intent of the Wetland Act of 1991, the City will be guided by the avoid - minimize - mitigate principals as outlined in the Wetland Conservation Act. An alternate site for the proposed activity can be carried out on that site after taking into account costs, existing technology, and infrastructure in light of overall project purposes. Wetland alteration will be considered if the applicant demonstrates the following at the satisfaction of the city: 1. The basic purpose of the project cannot be reasonably accomplished using one or more other sites in the general region that would avoid or result in less adverse impact on the wetland. 2. The basic purpose of the project cannot be accomplished by a reduction in the size, scope, configuration, or density of the project as proposed, or by changing the design of the project in a way that would avoid or result in fewer adverse effects on the wetland. 3. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, and the applicant has made reasonable attempts to remove or accommodate such constraints. Wetland Replacement: Replacement of wetland areas shall be of similar functional value and shall be completed prior to or concurrent with the actual draining or filling of a wetland. Wetlands shall be replaced on a minimum of a 1 to 1 ratio. Schedule and Costs: The City shall charge a $75 fee for reviewing and issuing wetland alteration approval. Additionally, if substantial costs are incurred by the City for wetland delineation, these charges may need to be passed on to the applicant. Resolution No. 2007-350 Page 6 of 6 ATTACHMENT D ESTABLISHMENT OF A BUS ADVERTISING POLICY FOR PLYMOUTH METROLINK BUSES Resolution No. 2000-553 November 14, 2000 Plymouth Metrolink will allow bus -side advertising of City of Plymouth sponsored community events based upon specific requests and subject to approval by the Transit Administrator. All such advertising shall meet Plymouth Metrolink specifications for size (will vary between types of buses) and shall be made of a self -adhering acrylic material approved by the Transit Administrator. Windows shall not be covered by this advertising. All costs of this advertising including (but not limited to) creation, design, preparation, installation (or application), removal and all materials will be borne by the party making the request. No other bus -side or b us interior advertising will be permitted except as permitted by Metro Transit policy on Metro Transit -provided buses not owned by the City.