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HomeMy WebLinkAboutCity Council Resolution 1999-537CITY OF PLYMOUTH; RESOLUTION NO. 99-537 APPROVING WETLAND MITIGATION AND REPLACEMENT PLAN PLYMOUTH POND INDUSTRIAL PARK EXPANSION (99010). NW 1/40F SEC. 20, T118N, R22W WHEREAS, Moen Leuer Construction, Inc. is proposing to fill wetlands for the construction and expansion of Plymouth Ponds Industrial Park development; and WHEREAS, there are no reasonable alternatives for the location of this development ; and WHEREAS, a Mitigation Plan was prepared replacing the wetlands on-site and in kind at a 2 to 1 ratio which is required by the Wetland Conservation Act of 1991; and WHEREAS, the off-site Replacement Plan (the one acre mitigated wetland from Cornerstone Commons) meets the requirements of the Wetland Act. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Mayor is authorized to execute the LGU'S Findings of Facts, approving the filling of wetlands and the Replacement plan for Plymouth Ponds Industrial Park Expansion subject to the following conditions: 1. The replacement wetland must be monitored for a five (5) year period from the date of completion, including the one acre from the Cornerstone Commons Development. 2. The developer's wetland consultant shall be consulted and conduct periodic inspections during the construction of all the newly created wetland basins. 3. The developer's wetland consultant shall submit an annual monitoring report to the city of Plymouth on the anniversary date of the completion of the replacement wetland for a period of five (5) years containing information required in WCA rule 8420.0620. 4. The replacement wetland must be constructed concurrently with site grading. 5. The developer shall submit a letter of credit in the amount of the cost of the Replacement Plan. The letter of credit shall remain in effect until completion of monitoring period. If during the five year period the replacement wetland does not perform as proposed in the plan, work as necessary shall be undertaken by the developer to bring it into conformance. 6. A deed creating a restrictive covenant running with the land for the replacement area must be recorded. The deed shall be submitted to the City for approval before recording. 7. The developer shall comply with the City of Plymouth Ordinance 95-2 (Wetland Buffer Standards) Page 1 of 2 8. The developer shall provide the City with: a. A final and executed copy of the agreement between the developer and the Cornerstone Commons development, transferring credit of one acre wetland mitigation area to Moen Leuer Construction, Inc. and stating Cornerstone Commons is responsible for monitoring of the one acre of wetland. Adopted by the City Council on December 21, 1999 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on December 21, 1999, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 2 Of 2C:vDoc=cnts and SettingsubairdvLocal SettingsvTempvCCR 1999-537_59736vCCR 1999- 537.doc