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HomeMy WebLinkAboutResolution - 2004-58 - Policy of Not Fencing Storm Water Ponds and Wetlands - 04/13/2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2004-58 RESOLUTION REGARDING A POLICY OF NOT FENCING STORM WATER PONDS AND WETLANDS BACKGROUND A. The City of Eden Prairie Storm Water Management System includes a large number of natural and man-made holding ponds and wetlands, which serve to control both the quantity and quality of surface water drainage. B. There is a risk that children and trespassers may enter the holding ponds or wetlands and be injured or killed. If this occurs, there is a risk that the City could be sued for damages. C. Building fences around the holding ponds and wetlands would decrease the likelihood of people accidentally stumbling into ponds, but no ordinary fence will stop a determined child or trespasser. D. A fence sufficiently constructed to defeat a determined child or trespasser would be expensive to construct and maintain, would be unsightly, and would create dangers of its own such as children injured by falling off the fence, being tangled in the fence, or being trapped inside and unable to get out. In addition, a fence would delay rescuers in reaching a victim. E. Many holding ponds and wetlands are located in drainage easements on private property rather than property owned by the City. Obtaining permission from landowners to build a fence across their backyards could be expensive, and constructing a fence would disturb the property owners= views of their backyards and may decrease private property values. F. Having numerous fences around the holding ponds and wetlands in the City would be contrary to the natural feeling which Eden Prairie elected officials have sought to preserve and which the citizens treasure. In addition, numerous fences would be disruptive of the neighborhood=s continuity,harmony and sense of openness. G. For the reasons noted above, the City has a long-standing policy of not fencing around ponds and wetlands. The City wishes now to formally recognize this policy in writing. NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: 1. The City Council finds that the social, economic and political factors involved in constructing and maintaining fences around surface water holding ponds and wetlands are outweighed by the social, economic and political reasons not to build such fences; 2. The City Council declares that the City of Eden Prairie has not and will not build fences around holding ponds and wetlands for which the City is responsible. ADOPTED by the City Council of the City of Eden Prairie this 13th day of April,2004. cy a- ns,M o (Seal) ATTEST: Kat Teen Porta, City Clerk