HomeMy WebLinkAboutResolution No. 133-04 7777
RESOLUTION
• WHEREAS, The City of Rochester 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.
WHEREAS, 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.
WHEREAS, building fences around the holding ponds and wetlands would decrease
the likelihood of people accidentally stumbling into the ponds, but no ordinary fence will
stop a determined child or trespasser.
WHEREAS, 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 back out. In addition, a fence would
delay rescuers in reaching a victim.
WHEREAS, 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.
WHEREAS, having numerous fences around the holding ponds and wetlands in the
city would be contrary to the natural feeling which Rochester elected officials have sought
to preserve and which the citizens treasure. In addition, numerous fences would be
disruptive of the neighborhoods' continuity, harmony and sense of openness.
WHEREAS, for the reasons noted above, the city has had a long-standing policy of
not fencing around ponds and wetlands. The city wishes now to formally recognize this
policy in writing.
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City of Rochester has not and will not build fences around holding
ponds and wetlands for which the city is responsible.
•
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF D /fit(' , 2004.
P (DENT OF SAID COMMON COUNCIL
ATTEST: .
Z�PWP6 CITY CLI�RK
APPROVED THIS 1544 ) DAY OF > � � �%� , 2004.
MAYOR OF SAID CITY
• (Seal of the City of
Rochester, Minnesota)
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