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Home My WebLink AboutOrdinance - 25-2003 - Amending City Code Section 11.51 Relating to Standards for the Protection of Wetlands - 08/05/2003 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA ORDINANCE NO. 25-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO STANDARDS FOR THE PROTECTION OF WETLANDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.51, Subd. 4, is amended to add subpart (J) as follows: J. Prior to release of the final plat for any portion of the Property, Developer shall submit an executed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report") which evaluates the condition of the wetland(s) and k wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which preparation of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and /or wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the Developer shall correct the area(s) identified within ninety (90) days of submission of the Report. Section 2. City Code Section 11.51, Subd. 9, subpart (D) is amended to read as follows: D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Code, including those requirements stated in Section 11.51, Subd. 4, subpart Q), both during development and for two full growing seasons after completion of the development. During this time, the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as through repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15`h day of July, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of August,2003. K hleen Porta, City Clerk ry4 a-L ens, ayo PUBLISHED in the Sun Current on the /�'day of ,2003 dv-sruarr" raiseamew (7TrQW 010004A?"M AN02tWN&X=GWTBsCnT0Qr4 PWAR1XWNRG*W0T&AJMRVV4GCnT00UZ CVA+ 111YAb ViW.9§Vn0N 11.61 newspapers ° DA ) 1NG Z Clb1q OOD1$CEAPTRIt 1 AI39 1L84 Rom,A�OTgC T11tN8. AFFIDAVIT OF PUBLICATION CONTAIN PENAIXFP$OWSTON& THE cnyCOIJNciLoFTHE CFPYOF EDEN PRAIRIE, STATE OF MINNESOTA) hW4NESOTAORDAINS: Seddon 1.City Code Section 11.51,Subd.4,is amended to , SS. add subpart(J)as follows: COUNTY OF HENNEPIN) Priorto release ofthe final platforanyportionoftheProp- I arty,Developer shall submit an executed contract with a qualified wetland consultant as determined by the City Manager and/or designee,for preparation of an Annual Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief wetland and wetland Buffer Strip Evaluation Report ("Annual Buffer Report")which evaluates the condition of Financial Officer of the newspaper known as Sun-Current and has full the wetlands)and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and pro- posed cost for correction of all problems identified. The knowledge of the facts stated below: firat Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which prepare- (A)The newspaper has complied with all of the requirements constituting qualification as a tionofthewetland(s)and/or wetland bufferstrip(s)iscom- plated,Thereafter,this report shall be submitted annual- ly until two full growing seasons following completion of qualified newspaper, as provided by Minn. Stat. §331A.02, §331 A.07, and other applicable the development have passed,at which point a Final An- nual Buffer Report shall be submitted.The Final Annual wet- laws,as amended. BuSber Report shall evaluate the wetland(s)and/or wet- land buffer strip(s)to determine if the wetland(s)and/or wetland buffer strip(s)remain in compliance with all City (B)The printed public notice that is attached was published in the newspaper once each week, requirements. If any unacceptable conditions or vegeta- tion are identified within the Annual Buffer Reports or the for one successive weeks; it was first published on Thursday, the 14 day of Final Annual Buffer Report,the Developer shall correct the area(s)identified within ninety(90)days of submission August , 2003, and was thereafter printed and published on every Thursday to and of the Report. Section 2.City Code Section 11.51,Subd.9,subpart(D)is including Thursday,the day of ,2003;and printed below is a copy of the amended to read as follows:The Applicant shall establish and maintain the wetland and wetland buffer strip vege- tation in accordance with the requirements found in this lower case alphabet from A to Z, both inclusive,which is hereby acknowledged as being the Code,including those requirements stated in Section 11.61,Subd.4,subpart(J),both during development and size and kind of type used in the composition and public the notice: fbr two full growing seasons after completion ofthe devel- opment.During this time,the Applicant must replant any wetland and/or wetland butler strip vegetation that does abcdefgNklmnopgrs not survive. Section S. City Code Chapter 1 entitled"General Provi- BY: dons and Definitions Applicable to the Entire City Code, Including Penalty for Violation"and Section 11.99 entitled CFO "Violation a Misdemeanor"are hereby adopted in their en- tirety by reference as through repeated verbatim herein. I Section 4.This Ordinance shall become effective from and after its passage and publication. Subscribed and swNtoor me before me FIRST READ at a regular meeting of the City Council of the City ofEden Prairie on the 16th day ofJuly,2003,and is J da003. finally read and adopted and ordered published at a regu- y lar meeting of the City Council of said City on the 5th day of August,2003. Nancy Tyra-Lukens,Mayor Attest:Kathleen Ports, Clerk Not y R.R PUBLISHED in the Eden Prairie Sun.Current on August f 14,2003. J (A full copy of the text of this Ordinance is available from :r c MERIDEL M.HEDBLOf City Clerk.) NOTARY PUBLIC•MINNESOTA (Aug 14,2003)D4/Ord 26-2003 C Ftzkl MY COMMISSION EXPIRES 1.31.2005 ■ a RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2)Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line