02-16-1999 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes February 16, 1999 Page 6 e AND WITH ACCEPTANCE OF THE FOLLOWING FINDINGS OF FACT BY THE BUILDING AND ZONING ADMINISTRATOR: 1. MSA, CONSULTING ENGINEERS DELINEATED THE WETLAND IN QUESTION. 2. THE TECHNICAL EVALUATION PANEL WAS CONVENED ON THIS ISSUE ON 9/24/98 AND AGAIN TO REVIEW MODIFICATIONS TO THE PLANS ON 10/15/98. 3. THE PLAN BY THE CITY OF ELK RIVER TO FILL AND REPLACE WETLANDS WAS FOUND ACCEPTABLE BY THE TECHNICAL EVALUATION PANEL AFTER MODIFICATIONS. 4. ON OCTOBER 23, 1998, THE CITY SENT OUT COMBINED NOTIFICATION OF THE PROPOSED FILLING AND REPLACEMENT PLAN TO THE NECESSARY AGENCIES. 5. RESPONDING TO CONCERNS RAISED BY SEVERAL GOVERNMENTAL AGENCIES, CITY STAFF MET ON SITE WITH THE US FISH & WILDLIFE SERVICE, MINNESOTA POLLUTION CONTROL AGENCY, MINNESOTA DEPARTMENT OF NATURAL RESOURCES, BOARD OF SOIL AND WATER RESOURCES, AND THE SOIL AND WATER CONSERVATIONS DISTRICT ON NOVEMBER 5, 1998. 6. MODIFICATIONS TO THE PLANS WERE MADE AND MAILED TO ALL INTERESTED PARTIES ON DECEMBER 8, 1998. 7. THE MODIFIED PLANS HAVE BEEN FOUND ACCEPTABLE BY ALL INCLUDING THE US ARMY CORPS OF ENGINEERS. e COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.13. Wetland Conservation Act Decision - Elk River Crossinq, WCA 98-12 Building and Zoning Administrator Steve Rohlf indicated that Associated Developers, Inc. is proposing to fill 2.5 acres of wetland to accommodate the commercial development of Elk River Crossing. He stated that to replace the wetlands requested to be filled, the developer is proposing to create 3.2 acres of new wetland, restore another 1.63 acres, and create .94 acres of wetland buffer. COUNCILMEMBER FARBER MOVED TO APPROVE THE WETLAND CONSERVATION ACT DECISION FOR PROPOSED FILLING AND MITIGATION - ELK RIVER CROSSING - WCA 98-12 WITH THE FOLLOWING STIPULATIONS: 1. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. 2. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 3. THAT THE LETTER OF CREDIT COVERING THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT ALSO INCLUDE THE COST OF THE MITIGATION WORK. e 4. THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO