HomeMy Public PortalAbout1996-018Member Phil Zi Pt 1 ow introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 96-18
A RESOLUTION APPROVING A WETLAND ALTERATION
AND MITIGATION PLAN FOR FOXBERRY FARMS
WHEREAS, a Wetland Alteration and Mitigation Plan (the "Wetland Plan"), prepared by
Svoboda Ecological Resources, Inc. and dated January 31, 1996, has been submitted by Lundgren
Bros. Construction, Inc. ("Lundgren") for Foxberry Farm Phase II (the "Subject Property"), which
land is legally described in the attached Exhibit A; and
WHEREAS, the Wetland Plan is subject to the provisions of Minnesota Statutes, sections
103G.221 et seq., the Minnesota Wetland Conservation Act (the "Act"); and
WHEREAS, the Wetland Plan calls for filling 3,250 sq. ft. of wetland and creating 6,500
sq. ft. of on -site wetland as replacement of the filled wetland; and
WHEREAS, 78,700 sq. ft. of additional wetland created on the Subject Property by
Lundgren will be placed in a wetland bank; and
WHEREAS, the Wetland Plan has been properly noticed in accordance with the
provisions of the Act and the public review period thereon ended on April 11, 1996.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota (the "City") that the Wetland Plan is hereby approved, subject to the following terms
and conditions.
1. All wetland activities on the Subject Property shall be in conformance to the
Wetland Plan, except as modified by the conditions herein.
2. The wetland banking procedures established under the Act and presented in
Exhibit B attached hereto shall be followed for the 78,700 sq. ft. of additional
wetland to be created on the Subject Property and placed in a wetland bank.
RHB104070
ME230-157
1
3. All banked wetland acreage from the Subject Property shall be used solely within
Medina.
4. The wetland plant list, presented in Exhibit C attached hereto, shall be used in the
replacement and banked wetland sites.
5. The Deed Notice of Use Restriction and Maintenance Responsibility, attached
hereto as Exhibit D, shall be recorded with the Subject Property prior to
commencement of any wetland activities.
Dated: May 7 , 1996
/744tD,42
ATTEST:
Anne E. Theis, Mayor
erk-Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member
John Ferris and upon vote being taken thereon, the following voted in favor thereof:
Ferris, Jim Johnson, Ann Thies, Zietlow and Mayor Anne Theis.
and the following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
RHB104070
ME230-157
2
EXHIBIT A
LEGAL DESCRIPTION OF DOERR RESIDENTIAL LAND
PARCEL A = PIN 02-118-23-11-0002
Government Lot 1, Section 2, Township 118, Range 23 except
that part thereof which lies North of a line parallel with
and 800 feet South measured at right angles to the North line
of said Government Lot and West of a line drawn parallel with
and 600 feet East measured at right angles to the West line
of said Government Lot and its Southerly extension.
PARCEL B = PIN 02-118-23-14-0001
Government Lot 7, Section 2, Township 118, Range 23 except
that part of said Government Lot 7 described as beginning at
the Southeast corner of said Government Lot 7; thence West
along the South line thereof 264 feet; thence North parallel
to the East line thereof 247.5 feet; thence East parallel to
said South line 264 feet to the East line thereof; thence
South along said East line 247.5 feet to the point of
beginning, according to the Government Survey thereof.
PARCEL C = PIN 02-118-23-14-0002
That part of Government Lot 7, Section 2, Township 118, Range
23, described as beginning at the Southeast corner of said
Government Lot 7; thence West along the South line thereof 264
feet; thence North parallel to the East line thereof, 247.5
feet; thence East parallel to said South line 264 feet to the
East line thereof; thence South along said East line 247.5
feet to the point of beginning, except that part thereof which
lies Easterly of a line parallel with and distance 40 feet
West of the East line of said Section 2, according to the
Government Survey thereof.
PARCEL D = PIN 02-118-23-41-0004
Government Lots 5 and 6, Section 2, Township 118, Range 23,
except the North 417.44 feet of the East 346.08 feet of said
Government Lot 6.
Page 1 of 2
HMM/LBC/DOERR/LEGAL.RES
03/16/93
ACCRETIONS TO PARCELS A,B,C AND D:
A11 of the accretions to Government Lots 1, 5, 6 and 7,
Section 2, Township 118, Range 23, which lie Easterly of a
line described as follows: Commencing at the Northwest corner
of said Government Lot 1; thence on an assumed bearing of
South 00 degrees 24 minutes 35 seconds West along the West
line of said Government Lot 1 and its extension a distance of
608.56 feet; thence South 6 degrees 47 minutes 43 seconds West
a distance of 817.18 feet; thence South 36 degrees 53 minutes
00 seconds East a distance of 1,040 feet; thence South 35
degrees 18 minutes 24 seconds West to the North and South
center line of said Section 2; thence South 00 degrees 24
minutes 35 seconds West along said center line to the
Southwest corner of said Government Lot 5 and said described
line there terminating; EXCEPT that part of the above -
described accretions lying North of a line drawn parallel with
and 800 feet South, measured at right angles, from the North
line of said Government Lot 1 and its Westerly extension,
which lie West of a line drawn parallel with and 600 feet
East, measured at right angles from the West line of said
Government Lot 1 and its Southerly extension.
Page 2 of 2
HMM/LBC/DOERR/LEGAL.RES 03/16/93
EXHIBIT B
Wetland Banking Procedures
1. The applicant needs to notify the city when construction of the wetland has been completed.
2. A Technical Evaluation Panel, which includes one representative from the following: City,
Hennepin Conservation District and BWSR, must review the site when construction is
complete to ensure that construction specifications have been followed.
3. The applicant needs to request a final determination of wetland bank acceptability and
approved quantities of wetland credits for deposit. This request can be no sooner than a year
after construction of created wetlands.
4. The Technical Evaluation Panel will then meet on site again and determine the size and type
of wetland and supply the city with its determination.
5. The city has final say over whether to grant the wetland bankin_ credits to the applicant
" , 0 A S S O C I A T E S r 6 1 2 6 3 6 1 3 1 1 0 3 / 2 9 / 9 t i 0 9 : 5 9 : 0 4 / 0 4 N O : 2 1 0
A S S e 9 : 1 0 6 1 2 - 4 / d - n , r J 3 4 U i ��W - i N N ��. x ��. - -
E X H I B I T C
P R E M I E R
S E R V I C E S , I N C .
M a r c h 2 6 , 1 9 9 6
S v o b o d a E c o l o g i c a l R e s o u r c e s
J o h n D . O v e r l a n d
2 4 0 0 0 H w y 7 , S u i t e 1 2 5
S h o r e w o o d , M N 5 3 3 3 1
W e t l a n d # 2
W e t l a n d # 4
Y I I j , p I l i k t d i n e R a t = 4 0 L B S / A C R E
F L A I L S P E C I E S : " .
a l u e s t e m , b i g
C a r r d g r a s s , p r a i r i e
S l u e - j o i n t g r a n s
B r o m e , f r i n g e d
I n d i a n g r a s s
S w i t c h g r a s s
W h e a t - g r a s s , s l e n d e r
W i l d - r y e , C a n a d i a n
O a t s
A n n u a l r y e - g r a s s
l o r b s ( W e t M i x )
3 3 , 0 0 0 S F
D 2 , 2 0 Q S F
T o t a l 8 5 , 2 0 0 S E
! 9 . 0 ��
2 . 0
2 . 0
2 . 0
1 9 . 0
1 5 0
3 . 0
3 . 0
3 2 , 0
1 1 . 0
' A s l i s t e d u n d e r W e t F o r b M i x i n t h e M N D O T 1 9 9 5 S p e c i f i c a t i o n M a n u a l .
F r e s h M i n h E m e r g e n t j t o o t s t o c k P l a n t i n g
P L A N T S P E C I E * T 1 U M I 3 E R Q F P L A N T S
B l u e f l a g i r i s , I r i s v e r s i e o l o r 2 0 0
B r o a d - l e a v e d A r r o w h e a d , S a i , g i t e r i s l a t i f o l i a 2 0 0
S o f t s t e m B u l r u s h , S c i r p u s v a l i d u s 4 0 0
B u r - r e e d , S p a r g a n i u m e u r y c s r p u m 2 0 0
T o t a l N u m b e r O f P l a n t s 1 , 0 0 0
* P l a n t e d f r o m t h e w a t e r s e d g e t o 1 5 " o f w a t e r .
' P l a n t i n g s c h e m e d e t e r m i n e d u p o n c o m p l e t i o n o f f i n a l g r a d i n g .
c c ; M i k e M u m
1 1 2 S o u t h C o n c o r d E x e h a n l e " S o u t h S t . P a u l , M N 5 5 0 7 5 " ( 6 1 2 ) 4 5 1 . 2 3 8 0 " F a x : ( 6 1 2 ) 4 5 1 - 2 5 8 5
S e e d i n g T e c h n o l o g i e s " L a n d s c e p 4 M a i n t e n a n c e " l r r i g t t i o n " S n o w R e m o v a l
EXHIBIT D
DEED RECORDING
NOTICE OF USE RESTRICTION AND MAINTENANCE RESPONSIBILITY
FOR THE MINNESOTA WETLAND CONSERVATION ACT
Pursuant to Minnesota Statutes section 103G.222, Minnesota Rules parts
8420.0530D, subpart 6 and 8420.0720, subpart 8, this property contains a wetland which
was restored or created as a replacement for a wetland which was drained or filled. This
replacement wetland is subject to the Wetland Conservation Act of 1991 and all other
provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes
section 103G.2241 do not apply, pursuant to Minnesota Statutes section 103G.222(h) and
Minnesota Rules part 8420.0115.
This deed is subject to a restrictive covenant running with the land, to wit: that the
owners of the replacement wetland and their successors are responsible for maintaining
the size and type of the wetland, as specified in the approved replacement plan or banking
plan on file with the local government unit, for making necessary repairs, and for replacing
the replacement wetland if it should fail. Further, the owners of the replacement wetland
and their successors shall grant reasonable access to the proper authorities for inspection,
monitoring, and enforcement of the laws for the replacement wetland, all pursuant to
Minnesota Rules part 8420.0750, subpart 2.
A:DEEDNOT.FOR