Res 2017- 84 Wetlands Permit 1773 Sutton LnCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-84
RESOLUTION APPROVING A WETLANDS PERMIT [AFTER-the-FACT]
TO ALLOW CERTAIN SITE GRADING, IMPROVEMENTS AND VEGETATION
REMOVAL FOR THE PROPERTY
LOCATED AT 1562 WACHTLER AVENUE
WHEREAS, Jim Carlson, as Owner and Applicant, has applied for an "after-the-fact"
wetlands permit, which would approve completed site grading work along the creek (water
feature) that traverses the Owner's rear yard, along with some vegetation removal, and the
installation of a new wooden foot-bridge across the creek, as proposed and described in Planning
Case 2017-25, for the property located at 1562 Wachtler Avenue ("Subject Property"), and
legally described in attached Exhibit A; and
WHEREAS, pursuant to City Code Title 12-2-1, all new construction, related
improvements, grading, and/or removals made within 100-ft. of a wetland or water resource-
related area requires a wetlands permit; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of June 27, 2017; whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended unanimous approval of the
wetlands permit, with certain findings of fact and conditions of approval as noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
"after-the-fact" wetlands permit, which would approve completed site grading work along the
creek (water feature) that traverses the Owner's rear yard, along with some vegetation removal,
and the installation of a new wooden foot-bridge across the creek, as proposed and described in
Planning Case 2017-25, for the property located at 1562 Wachtler Avenue, is hereby approved
with the following findings of fact:
A. The proposed construction activities to be allowed under this Wetlands Permit
meet the purpose and intent of the City Code and are consistent with the
Comprehensive Plan.
B. The project includes erosion and sediment control measures in compliance with
the City's Land Disturbance Guidance Document.
C. The Owner will make a concerted effort to eliminate or reduce any impacts to the
adjacent water feature by establishing a protective buffer area along the creek
within the subject property.
D. The Owner will provide for the protection and preservation of the adjacent water
resource-related area by installing silt fence and stormwater run-off protection
measures.
E. The Owner will make every attempt to minimize disturbance of the area in order
to protect and preserve the natural surroundings, avoid excess loss of vegetation,
and avoid any impacts to wildlife and aquatic organisms.
F. Vegetation will be replanted, in accordance with City guidance and instructions in
the disturbed areas after construction is completed.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
wetlands permit for the property located at 1562 Wachtler Avenue, is hereby approved with the
following conditions:
l. Any land disturbance activities shall be in compliance with the City's Land
Disturbance Guidance document.
2. Owner/Applicant must establish and maintain a wild growth buffer area at least
25 feet in width on both sides of the established creek edge.
3. The 25-ft. buffer area shall comprise of new vegetation cover consisting of wild-
native mix seeding and pollinator friendly plantings within the buffer area, with
plantings to be done by this fall.
4. Owner/Applicant shall install and maintain silt fence or approved erosion control
measures along all disturbed areas and the edges of the creek until the vegetation
is properly established, as determined by the City.
5. A cash bond, letter of credit or agreed upon surety in the amount of $1,000 shall
be submitted and held by the city for a period of at least one (1) year from
completion of all work, to ensure all new landscaping has survived, and the access
roadway to the new footbridge has been properly restored.
6. Owner/Applicant acknowledges the new bridge over the creek was built
completely by the Owner; and all future maintenance, repairs or replacement of
said bridge shall be the sole responsibility of the Owner and/or future owners of
the Subject Property. The Owner (and/or future owners) hereby assumes all
liability or claims for damages that may result due to the placement, maintenance
or operation of the bridge over the creek on the Subject Property.
Res 2017-84 page 2
Adopted by the City Council of the City of Mendota Heights this 3rd day of October, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
�� 1�2.c,G (�� C�
Neil Garlock, Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2017-84 page 3
EXHIBIT A
Property Address: 1562 Wachtler Avenue, Mendota Heights MN
PID: 27-03800-32-010
Legal Description: All of Lot 32, Auditors Subdivision No. 3, Dakota County, Minnesota.
Res 2017-84 page 4
Receipt:# 528855
COND $46.00
Return to:
CITY OF MENDOTA
HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS MN
55118
3224091
I III
III IIIII IIIII IIIII IIII) IIIII IIIII (III IIII
Recorded on: 11/21t2017 9:42 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Jcel T. Beckman, County Recorder
. '1 �
r � �. ' t'
� i �