Blaine logo
File #: ORD 18-2395    Version: Name: Recreational Use of Stormwater Ponds
Type: Ordinance Status: Passed
File created: 1/18/2018 In control: City Council
On agenda: 1/18/2018 Final action: 1/18/2018
Title: SECOND READING ARTICLE XI. - STORMWATER MANAGEMENT, DIVISION 3. - SPECIFIC USE OF STORMWATER PONDS, SEC. 34-521. - ALTERATIONS TO AND USE OF PUBLIC AND PRIVATE STORMWATER PONDS
Sponsors: Rebecca Haug

CONSENT AGENDA - Rebecca Haug, Water Resources Manager

 

Title

SECOND READING

 

ARTICLE XI. - STORMWATER MANAGEMENT, DIVISION 3. - SPECIFIC USE OF STORMWATER PONDS, SEC. 34-521. - ALTERATIONS TO AND USE OF PUBLIC AND PRIVATE STORMWATER PONDS

 

Background

At the December 21, 2017, workshop, Council discussed changing the City’s Stormwater Management Ordinance Section 34-521; Alterations to and use of public and private stormwater ponds.  The ordinance prohibits recreational activities, such as swimming, boating, fishing and skating on City stormwater ponds and discourages the activities on all other ponds.  There are a number of skating rinks on stormwater ponds throughout the City and it is difficult for staff to know who created the rink and to be able to enforce the ordinance.

 

Staff surveyed other cities across the state to assess how skating on ponds is being addressed.  Only five cities responded.  The cities send out letters warning of dangers and some have posted signs.  They do not have language in their ordinances pertaining to skating.

 

There are approximately 491 stormwater ponds in the City of Blaine. Over half of the ponds are owned and/or maintained by the City.  The other ponds are privately owned and maintained.  With the high number of ponds, the Council suggested posting signs stating the dangers at highest use ponds.  The Council also suggested increasing education initiatives to inform people of the dangers.  If skating rink boards are being used, owners will need to have boards removed by March 1st of each year to avoid boards causing obstructions of flow.

 

The upcoming City newsletter covers Stormwater Pond Winter Safety informing residents that stormwater ponds are potentially dangerous with unknown ice conditions.  There is a constant flow of water through most stormwater ponds, which causes the ice to form in unstable conditions over the winter months and may cause the water to not freeze completely solid.

 

The following changes to the ordinance are in response to Council direction to remove the prohibition of recreational activities on stormwater ponds, but to continue to discourage these activities.  First reading was held January 4, 2018 and no changes were made.

 

Recommendation

Hold second reading and adopt the proposed ordinance.

 

Body

THE CITY OF BLAINE DOES ORDAIN:   (Added portions are underscored and deleted portions are shown in brackets with overstrike.)

 

Sec. 34-521. - Alterations to and use of public and private stormwater ponds.

No alterations to shorelines or vegetation around stormwater ponds shall be allowed unless authorized by the city.

Fountains or other circulating devices will not be allowed in stormwater ponds unless authorized by the city.

Chemical treatment of stormwater ponds will not be allowed unless authorized by the city.

Structures will not be allowed within the stormwater pond or protective buffer zone. These will include but not be limited to retaining walls, docks, piers, diving platforms, bridges, etc.

Recreational activities, including but not limited to boating, swimming, fishing and skating [are prohibited on stormwater ponds located on city owned property. These activities] are discouraged on all other stormwater ponds.

Dumping of yard waste materials in, on or around any stormwater pond is prohibited. Cattails growing in and around stormwater ponds may be cut with the permission and direction of the city.

 

INTRODUCED AND READ in full the 4th day of January, 2018.

 

PASSED by the City Council of the City of Blaine this 18th day of January, 2018.