HomeMy WebLinkAboutResolution No. 273-15 - WetlandReplacementPlan-55thStreet/41stAve.RESOLUTION
WHEREAS, the City of Rochester Public Works Department proposed the filing and
excavating of 1.247 acres of Type I and Type 6 wetlands located along Kings Run. Wetlands are
proposed to be filled and excavated to allow for the construction of a new alignment for 55t" Street
and the intersection with West Circle Drive; and,
WHEREAS, the Technical Evaluation Panel ("TEP") reviewed the alternatives and found
that they meet the minimum standards for sequencing. The Technical Evaluation Panel agrees
that avoidance of the wetlands is not feasible due to the configuration and location of the wetlands,
existing drainage patterns and necessary alignment for 55th St and the intersection. The minimum
replacement acreage is 2.494 acres. The applicant proposes replacement of 0.57 acres at the
EP-16 wetland site on East Circle Dr. owned by the city and 1.924 acres at the proposed wetland
bank located at the Gamehaven site south of the WR-4 flood control reservoir and southwest of
the Gamehaven Boy Scout Camp. (The replacement will be a direct replacement that is part of a
larger proposed wetland bank.); and,
WHEREAS, the wetland replacement is at a 2.1 ratio because the replacement wetland is
in -kind 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 8420.0522, subp. 9, if it determines that it is not necessary. Given 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 areas and
record the document as required by the wetland rules. This condition applies
to the Gamehaven wetland replacement site;
2. The applicant must submit as built surveys to assure compliance with the
proposed grading plan;
3. The applicant must complete the monitoring plan submitted as a part of the
replacement plan for the on -site replacement for both replacement sites;
4. The direct wetland replacement utilizing wetlands located in the bank must
be established prior to or concurrent with the wetland impact. A specific
portion of the wetland bank site must be identified for replacement prior to or
concurrent with the wetland impact; and,
WHEREAS, this matter came before the City of Rochester Common Council on October
20, 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 1.247 acres of Type 1 and Type 6 wetlands
located along Kings Run subject to the above four 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 THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
DAY OF , 2015.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2015.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zonel 5\Wetland.Approve0l