HomeMy WebLinkAboutCity Council Resolution 2002-153CITY OF PLYMOUTH
RESOLUTION NO. 2002-153
COMMENTS ON THE PROPOSED NEW RULES
MINNEHAHA CREEK WATERSHED DISTRICT
WHEREAS, the City of Plymouth has reviewed the proposed Minnehaha Creek Watershed District rile
changes dated January 17, 2002; and
WHEREAS, the City of Plymouth concurs with establishing buffer and wetland riles to prevent
degradation of our local natural resources; and
WHEREAS, the City of Plymouth is concerned with some potential conflicts between the District's
proposed new riles with the existing City ordinances and the practicality of implementing some of the
proposed riles;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That, the City Council recommends the following changes to the
Minnehaha Creek Watershed District's proposed new riles:
1. The City of Plymouth supports the use of buffer strips to protect important water resources.
2. Include a clear and concise condition in the proposed new riles as to when these riles shall apply. It
is important both for the City staff and the residents to clearly understand the threshold and the trigger
mechanism of the proposed new riles application. The trigger should be a significant alteration of
existing conditions on the site that impacts the wetland rather than using any permit as an excuse to
impose a significant encumbrance on the property.
3. Provide additional flexibility for excavation within wetland and buffer areas. The proposed new riles
prohibit all excavations within the wetland. We believe there are a number of cases such as grading
within a buffer area to improve slope or grading within the edge of the wetland to restore or create a
desirable plant bed to promote plant growth, where excavation may be necessary and beneficial to
both.
4. Provide an exemption for the proposed Wetland Buffer Monumentation within the City of Plymouth.
The proposed new riles require that a wetland buffer sign obtained from the District be posted at the
edge of the wetland buffer. The City of Plymouth, through its Wetland Buffer Ordinance, also
requires wetland buffer monumentation at the edge of the wetland buffer. The District's new riles
should include a condition for any Plymouth applicant to be exempt from this rile, and that the City of
Plymouth's wetland buffer monument can be substituted for the District's sign.
5. The width of the buffer should be related to the quality of the wetland. The City held extensive and
careful deliberations on the appropriate width of buffer for wetlands. The conclusion was that there
are diminishing returns as the buffer strip is widened. The City's average buffer widths are as follows:
C Dc)cnments acid Settuig,iufiee,eALocal Settuig, Temp\U'R 2002-1�3 �3A�a�CCR 2002-1�3.doc
Exceptional
High
Medium
Low
Minimum Buffer Width
50 ft.
40 ft.
20 ft.
10 ft.
Maximum Buffer Width
100 ft.
60 ft.
40 ft.
20 ft.
Average Buffer Width
75 ft.
50 ft.
30 ft.
15 ft.
Building Setback From Buffer
15 ft.
15 ft.
15 ft.
15 ft.
C Dc)cnments acid Settuig,iufiee,eALocal Settuig, Temp\U'R 2002-1�3 �3A�a�CCR 2002-1�3.doc
RESOLUTION NO. 2002-153
COMMENTS ON THE PROPOSED NEW RULES
MINNEHAHA CREEK WATERSHED DISTRICT
PAGE TWO
6. Establishment and implementation of an ordinance requiring a buffer around the lake will require
carefiil consideration. The benefit of a buffer must be balanced against individuals' property rights
and reasonable use of the lake. Due to the competing interests and implications of this type of
ordinance, it must be carefiilly considered and have a fiill public airing prior to implementation.
Adopted by the City Council on March 26, 2002
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
March 26, 2002, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day
of
City Clerk
( 5W4 ('CR 2002-153.doc