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HomeMy WebLinkAbout2014-008 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-08 RESOLUTION APPROVING THE PURCHASE AGREEMENT FOR WETLAND MITIGATION CREDITS REQUIRED FOR THE 21ST AVENUE STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, plans for the 21st Avenue Street and Utility project which include improvements by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements have been prepared and presented to the City; and WHEREAS, the plans have identified impacts to the existing wetlands in the amount of 28,314 square feet; and WHEREAS, the RCWD requires replacement of impacted wetland at a 2:1 ratio so the total amount of wetland replacement equals 56,628 square feet; and WHEREAS, it has been determined that the purchase of wetland mitigation credits is appropriate to meet the replacement requirements, NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes 1. The Purchase Agreement between the City of Lino Lakes (Buyer) and Robert Engstrom (seller) dated January 21, 2014 is hereby approved. 2. City Staff is authorized to submit the $1,000 non refundable deposit as outlined in the Purchase Agreement. Adopted by the Council of the City of Lino Lakes this 27 day of Jan 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Kusterman and upon vote being taken thereon, the following voted in favor thereof: Roeser, Kusterman, Rafferty, Stoesz, The following voted against same: none ATTEST: u is e Bartell, Ci Cler Jeff Reinavr CITY COUNCIL AGENDA ITEM 6Bii STAFF ORIGINATOR: Jason C. Wedel, City Engineer MEETING DATE: January 27, 2014 TOPIC: Consider Resolution 14-08, Approve Purchase Agreement for Wetland Mitigation Credits, 21St Avenue Street and Utility Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION The 21st Avenue Street and Utility Improvement project will require a partial impact to the existing wetlands located in the area. As part of the City' s permit with the Rice Creek Watershed District (RCWD) the City is required to replace the wetland area impacted. BACKGROUND As part of the design of the 21st Avenue Street and Utility Improvement project all of the wetlands in the project area were delineated this past fall. The delineation was approved by the Technical Evaluation Panel (TEP) and was included in the construction plans for the utilities and streets. Now that the plans are complete, the amount of wetland area that will be impacted has been finalized. The total area impacted equates to 28,314 square feet. Per RCWD rules, the impacted wetland is required to be replaced at a 2 to 1 ratio. Therefore 56,628 square feet (28,314 x 2) of new wetland is either required to be constructed or an equivalent amount of wetland bank credits can be purchased. Since there is not sufficient area to create 56,628 square feet of new wetland on site it was determined that wetland credits need to be purchased. This cost was anticipated and was included in the original cost estimates for the project. The total cost is $68,542.53 which equates to $1.21 per square foot. City staff contacted a number of sellers and this was the best rate available for wetland credits that meet the RCWD's requirements. As part of the purchase agreement a $1,000 non refundable deposit is required to secure the wetland credits. The remaining balance will be paid this summer when the closing for the purchase of the credits occurs. The City Council is being asked to approve the purchase agreement for the wetland mitigation credits and authorize the deposit of $1,000 to secure the agreement. RECOMMENDATION Staff recommends adoption of Resolution 14-08. ATTACHMENTS 1. Resolution No. 14-08 2. Purchase Agreement Th a- Purchase Agreement doer not necemarily cover all ofthe issues that would be important fo Sellers and AmperS. ,wr dou il address the ierns$ that would be appropriate for any particular transaction. Sellers and Buyers should obtain the services of qualyried legal counsel to adapt this Purchase Agree to meet their specfic nee*. ni PURCHASE AGREEMENT POR WETLAND BANKING CREDITS THIS A.CiREEMENT is madc thi:, _20_ day of _January_, 2014_ betoken Robert Engstrom Companies Lakes (Seller) and _City of 'Jeri() (Buyer). 1. Seller agrees (.0 sell to Buyer, and Buyer ay to huy (Credits) listed below: ler; the wetland I-ha/lingcrcdi1credits CREDITS TO BE SOLD CreditAc.re,5 Sub- (+mu ' or Su. El. Wetian C. 39 " ' Plaint Community Type ' 4 Pet Acre or Sq.,,Fee FO(..)t State Fee 6,5° ..------..-__ Ct 1.2104 crcs ' i., , Fres t Meadow' 56,61i..00 1 34:TC 0.05 ,68 . B. (1.065 C. /.. a o. .-- 0M65 1.2104 1 res 6&,542.53 4,455.26 17 c LI, i itioit lcitdit. h-e4ouccet are pie of this: account and LiThi n axtachmentthis docucmnt. tht has diftbnart wetland charaeici'm-tics. Nr..4ittrc. nsi...iolow, fresh ott-ordow, wet to hardwood .,waniri or coniferous Cone..24anitie% of Alitritiosehit ilia Rit4ourtra, Limited SOW Army Corps 'A ryirarate credit soh-gmrip stiil b 1.1.i.Rhed for ea: v. -eland or wetland arc z<7 iscuiax 39 typos. L. L.2,1 3, 4,5, to, 7, II, El, U. 'Wettirod plain corona amity type; *4illow open v4iier, ticklpsholker. rn;mai. .rnesic pr-Pnie, caleireOus fen. operi bog or control:iv. bog. ,$),nub./dc 110;cict, s-wrmp, floodplain fure:st, tar.a.yonally noodmi baNin. $ee 14'ctioorl Plifini ord Pfaff, 173111 (Eggers- amd Reed, 1907) ss modified by tkc Board of %Valor and NMI ef Emiacers.„ Seller represents and warrants as follows. a) The Creta are deposits in an ctaunt in the Minnesota. WetlandRank administered I", the Minnesota Board of Water and Soil Resources (3WSR) pursuant to Minn. Rule Chapter 8420.0700-.0760, Pagel of 2 8WSi( Form: .Lt - (2 ( )...dot Revised 6.11/2010 3. Buyer will pay Seller a total of S_68,542.53_ for the Credits, as follows-. S _1,000.00_ as tamest money, to be paid when this Agreement is signed; and 19 The balance of S _67,542-53_ to he paid on the Closing Date listed below. 4. El 1 Buyer, El] Seller agrees to pay to a withdrawal fee of $_4,455.26_ to the State of Minnesota based on 6.5% of the agreed to purchase price. At the Closing Date, [0: Buyer., iC3 Seller will execute a check made out for this arnotmt. payable to the Board of Water and Soil Resources. 5. The closing of the purchase and sale shall occur on _May 1st , 2014_ (Closinti Date) at _WSB & Associatrz Inc. (Minnt.-apolis Offlec)_ The Closing Date arid location may be changed by written consent of both panics. Upon payment of the balance of the purchase price, Seller will sLi i a fully executed Application for Withaniwal. or tilt- Credits in the form specified BWSR, provide a copy of the Application for Withdrawal to the Buyer and forward the same to the BWSR along with the check for the withdrawal kc. 6. Buyer has applied or will apply to The Rice Creek Watershed I)istrict and US Anny Corps of Engineers_ (Local Government Unit (LGU) or other regulatory authority) for approval of a replacement plus utilizing the Credits as the means of replacing impacted wetlands. If the 13 has not appmved the Buyer's .pplicatitm for a replacement plan utilizing the Credits by the Closing Date. and no postponement of the Closing 1.)ate has been agreed to by Buyer arid Seller in writiris.„ then either Buyer or Seller may cancel this Agreement by giYing written notice to the ohe ft this case, Seiler shall return Buyer's earnest money, awl neither Buyer nor Seller hall hove any further obligatims under this Agteemeut. I r the I.X.; as approved the rtritLecmcnt plan um] the Sacc s rdy to proct.ted with the sak on the Closing Date, but Buyer foils to proceed, then the Seller may retain the earnest mono/ as liquidated damages. RWSR Font: west-hmsk-12 rthaise egreerood)Aloc Revised 6/ir2oto (Signature of Buyer) (Date) hge 2 of 2