HomeMy WebLinkAboutResolution No. 422-14 • 422-14 D23
RESOLUTION
WHEREAS, the City of Rochester Public Works Department proposed the filing of 0.07
acres of Type 7 wetlands located within private property that receives stormwater runoff from the
City system in the surrounding development. The City has an easement on the property
allowing for the proposed channel improvements. The total acreage of wetlands on the property
is 0.23 acres. The wetlands consist of Type 7 hardwood swamp wetlands located along
drainage channels. Wetlands are proposed to be filled due to the eroding and deeply incised
ravine bisecting the property. The proposed channel restoration/stabilization will avoid impacts
on 0.16 acres of wetland; and,
WHEREAS, the Technical Evaluation Panel ("TEP") reviewed the alternatives and found
that they meet the minimum standards for sequencing. The TEP agreed that avoidance of the
wetlands was not feasible due to the configuration and location of the wetland, topography,
. existing drainage patterns, and design requirements to stabilize the ravine. The minimum
replacement acreage is 0.19 acres. The applicant proposed replacement on site creating 0.23
acres of new wetlands adjacent to an existing wetland; and,
WHEREAS, the wetland replacement is at a 2:1 ratio because the replacement wetland is
in-kind replacement. The applicant received 75% credit for the onsite direct replacement. The
TEP did not object to the wetland replacement plan; and,
WHEREAS, the new wetland rules require a financial assurance where the replacement
is not in advance of the impact. The Local Governmental Unit has the option to waive the
financial assurance under 8420.522, subp. 9, if it determines that it is not necessary. Given that
the application is by the City, the TEP agreed that a financial assurance would not be necessary;
and,
WHEREAS, the TEP reviewed the application and recommended approval subject to the
below described conditions:
1. The applicant must provide a Declaration of Restrictions and Covenants for
Replacement Wetland document covering the direct replacement area and
record the document as required by the wetland rules;
2. The applicant must submit as built surveys to assure compliance with the
proposed grading plan; and
i3. The applicant must complete the monitoring plan submitted as a part of the
replacement plan for the on-site replacement; and,
• 422-14 D23
WHEREAS, this matter came before the City of Rochester Common Council on October
6, 2014, for a final decision on the replacement plan. The Council considered all information
presented to it including that information found within the Council Agenda packet.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the Wetland Delineation and Replacement Plan presented by
the City of Rochester Public Works Department for the filing of 0.07 acres of Type 7 wetlands
located within private property that receives stormwater runoff from the City system in the
surrounding development subject to the above three conditions.
BE IT FURTHER RESOLVED that the City waives the financial assurance requirement
found at Minnesota Rules 8420.0522, subp. 9.
The Mayor and the City Clerk are authorized and directed to approve this plan on behalf
of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF Tt-IE CITY OF
• ROCHESTER, MINNESOTA, THIS 61h DAY OF OCTOBER _,2014,
PRESI ENT SAOM tO COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 7th DAY OF __,_„_QMAER 2014.
MAYOR OF SAID CITY
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