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HomeMy WebLinkAboutResolution 7328RESOLUTION 7328 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING THE APPEAL PARAMETERS FOR THE STORMWATER INFILTRATION PROGRAM (SIP) WHEREAS, pursuant to Resolution No. 7176 approved by the City Council on Oct. 22, 2007, the Street and Utility Improvement Program (Program) was adopted in accordance with the recommendations of the Streets and Utilities Task Force; and WHEREAS, pursuant to Resolution No. 7223 adopted by the City Council on Feb. 11, 2008, the Streets and Utilities Committee was created; and WHEREAS, pursuant to Resolution No. 7245 adopted by the City Council on March 24, 2008, the members of the Streets and Utilities Committee were appointed; and WHEREAS, on July 21, 2008 the Streets and Utilities Committee adopted a motion recommending that the installation of the SIP features be mandatory in all designated locations and that a SIP appeal process be developed; and WHEREAS, on August 4, 2008 the City Council discussed the recommendation of the Streets and Utilities Committee to develop a SIP appeal process and requested that the Streets and Utilities Committee define a list of reasonable appeal parameters; and WHEREAS, on August 18, 2008 the Streets and Utilities Committee adopted a motion recommending the list of SIP appeal parameters be presented to the City Council for consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The owner of a property adjacent to the location of a proposed infiltration feature designated by the City as part of the design process for a project under the Street and Utility Improvement Program shall have the right to appeal the designation of that feature adjacent to their property. 2. The appeal must be submitted in writing and must follow the procedure established by the City. Resolution 7328 Page 2 3. The appeal must be submitted by the specified deadline. The City will establish the deadline for each individual project within the Program as part of the project development. Advance written notification of the deadline will be provided by the City to affected properties. 4. Appeals must be based on a specific condition or conditions under one of the following categories: A. Physical Parameters: Acceptable conditions upon which a physical parameter can be claimed include: A1. Contaminated Soils -infiltration swales will not be installed where known or suspected contaminated soils exist. A2. High Groundwater Elevation -infiltration swales will not be installed where the separation between the bottom of swale and the groundwater table is less than the minimum distance required by Rice Creek Watershed District. A3. Impermeable Soils -infiltration swales will not be installed where in place soils do not exhibit permeability rates high enough to promote infiltration. A4. Potential Stormwater Hot Spot Land Uses -infiltration swales will be used with caution (per the guidance in the Minnesota Stormwater Manual) in locations where runoff is generated from land uses such as commercial, industrial, institutional, municipal, or transportation-related operations that produce higher levels of stormwater pollutants, and/or present a higher potential risk for spills, leaks, or illicit discharges. A5. Relative Elevation -infiltration swales must be located downstream of impervious areas to provide the intended benefit. An infiltration swale will not be located where an insufficient volume of stormwater will reach it. A6. Significant Trees -infiltration swales will not be located where they would have a direct negative impact upon existing significant trees. Resolution 7328 Page 3 A7. Spacing -infiltration swales will be efficiently spaced throughout the project area and not lumped in one location, leaving other suitable areas without treatment. A8. Steep Slopes -infiltration swales will not be installed in locations where they cause excessive slopes. A9. Underground Utilities -infiltration swales will not be installed where conflict with existing underground utilities result in the swale being cost prohibitive. A10. Wellhead Protection -infiltration swales proposed in vulnerable wellhead protection areas will follow guidance provided by the Minnesota Department of Health. A11. Other Physical Parameters -infiltration swales will not be installed where any other physical parameter would preclude their construction or function. B. Hardship Parameters: Acceptable conditions upon which a hardship parameter can be claimed include: B1. Safety - an infiltration swale at a specific location raises safety concerns for the adjacent property owner or other persons associated with the property. B2. Maintenance - an infiltration swale at a specific location raises maintenance concerns for the adjacent property owner due to their physical condition. B3. Minimum Setback - an infiltration swale at a specific location encroaches within the required setback to a given structure as defined in the City Code. B4. Other Hardship -Any other hardship identified by the adjacent property owner. 5. Appeal submittals must identify upon what condition or conditions the appeal is based. 6. The appeal submittal shall provide a written argument to substantiate the claim of condition, including supporting documentation or evidence as necessary. Resolution 7328 Page 4 7. The appeal shall be considered and decided upon by the City Council at a regularly scheduled City Council meeting. Notice of the Council meeting at which the appeal will be heard shall be provided in advance to the property owner who submitted the appeal 8. Appeals may be withdrawn at any time up to when action is taken upon it by the City Council. 9. The decision of the City Council regarding the appeal shall be final. 10. If an appeal is upheld by the City Council, the associated infiltration feature will be deleted from the corresponding project. Adopted this 25th day of August 2008. .~--.. R Marty, Mayor (ATTEST) James Ericson, City Administrator (SEAL)