04-11-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 17 6. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, EXTENSION OF HERITAGE LANE: AUTHORIZE CITY PURCHASE OF WETLAND CREDITS (continued) Senior Planner Gaffron noted the area outlined in blue on the overhead is the wetland. The area in yellow is the area that will be filled, which is roughly half of the wetland area. Staff initially expected, because the fill would be less than 1,000 square feet that it would not have to be mitigated. If it was required to be mitigated, it could be done within the Jacobs’ property. In January, based on the findings of the Technical Evaluation Panel, the existing right-of-way extension is being considered a separate project from the subdivision. The result of this determination is that because the portion of the right-of-way being filled exceeds five percent of the City-owned portion of the wetland, the fill does not qualify for the deminimus exemption and must be mitigated. As a result of the wetland area being filled extending almost to the boundaries of the road right-of-way, there is no area available on the right-of-way to accomplish that mitigation. Gaffron stated while mitigation could physically be accomplished within the Jacobs’ property, it is not clear whether the Minnehaha Creek Watershed District would accept that mitigation. Therefore, the developer is pursuing purchase of wetland credits for this impact. The developer has located wetland credits within the state wetland bank and has provided the paperwork for City execution. The City is considered as the applicant since the impacts are to a wetland on City property. There are three documents to be executed by the City: 1. Wetland credits purchase agreement between the Seller Jeff Richards and the City of Orono. This needs to be signed by an authorized representative of the City as “buyer”. The City Attorney has concluded that this agreement must be considered as a contract, which requires Council authorization to proceed. In addition, the City will be required to provide a check for $500.00 as earnest money with the purchase agreement. This money will be refunded by the developer. 2. BWSR transaction form for withdrawal of credits from Minnesota Wetland Bank. 3. Joint Application form. This form is submitted to the MCWD and other agencies for approval of the use of wetland credits for mitigation and requires Council authorization. Gaffron stated if it is approved by the MCWD and the BWSR, the City would have a balance due to the seller at closing of $1,320.81 and a fee due to BWSR of $115.63, which will also be reimbursed by the developer. Staff is recommending approval of the documents. Printup asked if there is going to be a section of the road that will be private. Gaffron indicated there will not be. Gaffron stated as approved in the preliminary plat resolution, that entire road up to and including the cul-de-sac will be public and maintained by the City. It will also contain city sewer lines. Gaffron stated whether or not the existing cul-de-sac gets changed or removed or left as is remains to be discussed.