HomeMy WebLinkAboutResolution No. 500-09 •
RESOLUTION
WHEREAS, Jack Remick has proposed the filling of 5.93 acres of Type 2 and 3 wetlands
located south of 19th Street N.W., north and west of the DM&E railroad right-of-way, and
northwest of Seventh Street N.W., by the Rochester Athletic Club. The wetlands consist of
floodplain wetlands and previous replacement wetlands located along the Cascade Creek
channel and tributary. Wetlands are proposed to be filled due to the location of the new Lourdes
High School, the new and rebuilt stormwater facilities, and a trail system through the existing
wetlands and screening berm that will be part of a new wetland and science center; and,
WHEREAS, the Technical Evaluation Panel 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 stormwater ponds serving the upstream existing development, and the
need to access the wetland improvements on the site for wetland education and wetland
maintenance. The minimum replacement acreage is 11.86 acres. The applicant proposed
direct replacement on adjacent parcels through the creation of 24.03 acres of new wetlands, and
an upland buffer of 19.31 acres. The wetland replacement is at a 2.5:1 ratio that can be reduced
to 2:1 where the replacement wetland is in-kind replacement. With the allowable replacement
ratios this replacement will consist of a total of 27.68 acres (18.02 acres of new wetland credits
and 9.65 acres of upland buffer); and,
WHEREAS, the Technical Evaluation Panel 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 replacement area as
required by the wetland rules;
2. The applicant must secure approval by the City of the proposed grading
plan that is consistent with this wetland replacement plan; and,
3. The applicant must submit to TEP a vegetation establishment and
maintenance plan; and,
WHEREAS, this matter came before the City of Rochester Common Council on
ONovember
16, 2009, for a final decision on the replacement plan. The Council gave all
interested parties an opportunity to be heard on this matter and 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
Jack Remick for the Cascade Meadows Wetland and Science Center, and Lourdes High School
subject to the above three conditions.
BE IT FURTHER RESOLVED that the City waive 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 THE CITY OF
ROCHESTER, MINNESOTA, THIS 11OM DAY-OF IQWE ESP- , 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: / ,�%��
M ITY CLERK
APPROVED THIS 177N DAY OF Vt3'I 5c�a6q— , 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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