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)
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