96-8352r
27
RESOLUTION NO. 8352
RESOLUTION APPROVING WETLAND REPLACEMENT PROGRAM
WHEREAS, TOLD Development Company, a Minnesota corporation ("TOLD") is
the Proposer of a 9.5 acre office development comprised of two office buildings and two
parking structures located in the Northeast quadrant of 1-35W and 1-494, between 77th
Street and 78th Street and between Emerson Avenue and Girard Avenue in the City of
Richfield ("Project"); and
WHEREAS, the City of Richfield is proposing to fill a .82 acre wetland located
within the Project; and
WHEREAS, a field investigation has determined this wetland to be significantly
impacted and degraded as a result of land use activities that have taken place in this
location over the past 50 years; and
WHEREAS, the Project falls within the mandatory wetland replacement
requirements of the Minnesota Wetland Conservation Act and Minn. Rules Part 8420,
et. seQ.; and
WHEREAS, the City is the local unit of government having responsibility for the
Project and approval of the replacement plan pursuant to Minn., Rules 8420, et seq.
(1995); and
WHEREAS, a proposed replacement plan has been developed by WSB &
Associates, Inc., consultants to the City, ("Replacement Plan") which anticipates the
construction of a 1.64 acre wetland in an area previously used as a lime sludge lagoon
for the Richfield Water Treatment Plant on property located within the City and owned
by the City ("Replacement Site"); and
WHEREAS, a technical evaluation panel has completed an inspection of the
Replacement Site and determined it to be a non-wetland area in its existing condition;
and
WHEREAS, the proposed 1.64 acre wetland on the Replacement Site will be
under public ownership to assure that it will be preserved as a wetland in the future;
and
WHEREAS, the Replacement Plan outlines a wide range of functions and values
for this proposed wetland that far exceed the public value of the .82 acre wetland
proposed for filling; and
WHEREAS, the Army Corps of Engineers has issued a permit for this project;
and
WHEREAS, the Minnehaha Creek Watershed District has indicated that no
permit will be required from the City for construction of the Replacement Plan; and
Resolution No. 8352
-2-
WHEREAS, the City has provided proper notice to appropriate governmental
agencies regarding this matter and has received no comments indicating opposition to
the Replacement Plan with the exception of a comment form the Minnesota Pollution
Control Agency ("MPCA") indicating that the MPCA would prefer to see the
Replacement Site utilized to provide mitigation for anticipated future work that may take
place in Wood Lake; and
WHEREAS, the project referred to by the MPCA was a dredging project in Wood
Lake which, if constructed in the future, will not require mitigation; and
WHEREAS, the City staff has reviewed the proposed Replacement Plan and has
found the Replacement Plan to be consistent with the evidence submitted to the City
and the applicable statutes and regulations, to the best of their knowledge, and has
recommended that the City Council approved the Replacement Plan and determine that
filling the wetland with the Project and completion of the Replacement Plan is
necessary, reasonable and warranted with respect to the Project under the
circumstances.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Adopt and approve the proposed wetland filling and Replacement Plan for
the Meridian Crossings Project, effective ten (10) days'from the date hereof
unless an appeal of this action is filed prior to that date.
2. Agree that the Replacement Site shall be improved as a wetland in
accordance with the Replacement Plan and shall be held in City or other
public ownership as a permanent wetland.
3. Direct that the City Manager shall give notice of this action to the applicant,
the Commissioner of Natural Resources and all persons appearing in this
matter.
4. Direct that the Replacement Site shall be improved as a wetland in
accordance with the Replacement Plan before or concurrent with the actual
draining or filling of the wetland within the Project.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
May,1996. J;;7< \.
ATTEST:
7lunnM p~
Thomas P. Ferber, City Clerk