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City Council Minutes Page 7 <br />August 16, 2004 <br /> <br /> NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL <br /> IMPACT STUDY (EIS) FOR THE RIVER PARK PLAT. MOTION CARRIED 5-0. <br /> <br />6.5. Consider Wetland Conservation Act Decision for River Park, WCA 04-09 <br /> <br />Building and Environmental Administrator Stephen Rohlf stated that the developer of River <br />Park is proposing to impact 49,269.70 square feet of Type 2 wetland in 3 locations to <br />accommodate roads for the plat. Mr. Rohlf reviewed the findings of the Wetland <br />Delineation Report as prepared by Schoell and Madson, Inc. Mr. Rohlf indicated that the <br />plat has been tabled but the report prepared will be sufficient as long as the plat comes back <br />for approval with the same wetland impacts and locations. <br /> <br />MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY <br />COUNCILMEMBER KUESTER TO APPROVE THE FILLING AND <br />MITIGATION PLAN FOR THE RIVER PARK DEVELOPMENT WITH THE <br />FOLLOWING CONDITIONS: <br /> <br />A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY <br />EASEMENT BE RECORDED OVER THE MITIGATION AND BUFFER <br />AREAS. <br /> <br />THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES <br />LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS <br />OF THE WETLAND MITIGATION ON THE DEVELOPER. <br /> <br />THE LETTER OF CREDIT, WHICH COVERS THE PUBLIC <br />IMPROVEMENTS ASSOCIATED WITH THE PROJECT, ALSO INCLUDES <br />THE COST OF THE MITIGATION WORK. <br /> <br />THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON <br />THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS <br />MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE <br />APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER <br />OF CREDIT. <br /> <br />A FIFTEEN FOOT BUFFER STRIP OF NATURAL PRAIRIE <br />VEGETATION IS ADDED AROUND THE WETLAND IN OUTLOT G <br />WITH SIGNAGE INDICATING THAT IT IS NOT TO BE MOWED. <br />FURTHER, OUTLOT G SHALL REMAIN IN THE OWNERSHIP OF THE <br />HOMEOWNERS ASSOCIATION FOR THE PLAT. <br /> <br />6. THAT THE US ARMY CORPS OF ENGINEERS ACCEPT THE WETLAND <br /> DELINEATION FOR THE PLAT. <br /> <br />DNR AND US ARMY CORPS OF ENGINEERS APPROVAL OF THE <br />WETLAND RESTORATION IN THE FLOODPLAIN LOCATED IN THE <br />SOUTHWEST CORNER OF THE PLAT. <br /> <br />MOTION CARRIED 5-0. <br /> <br /> <br />