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HomeMy WebLinkAbout34. 16-274 MAY 24, 2016 16-274 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF NEENAH TO UNDERTAKE A WETLAND BANK STUDY ($10,000.00) INITIATED BY: COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached intergovernmental agreement between City of Neenah and the City of Oshkosh to undertake a Wetland Bank Study is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Acct No. 100-0730-6401-00000 $5,000 - General Fund Economic Development/ Engineering and Consulting Acct. No. 561-2030-6450-00000 $5,000 - Storm Water Utility / Engineering and Consulting .IHK lH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: May 18, 2016 RE: Approve Intergovernmental Agreement with the City of Neenah to Undertake a Wetland Bank Study ($10,000) BACKGROUND Over the past few years, City staff has identified multiple instances where wetlands have affected economic development and public works projects in the City of Oshkosh. In cases where wetlands are identified within the boundary of a project, the process to avoid, minimize and mitigate adverse impacts to wetlands can lead to significantly longer development time lines. In some cases, applicants, like a business or the City, must purchase wetland bank credits from around the state at high rates, and even higher rates outside the Fox -Wolf watershed ANALYSIS City staff began exploring alternatives to shorten the wetland mitigation process and reduce the cost of wetland mitigation. Creating a wetland bank is one option. At the same time, staff from the City of Neenah also identified the same issues, and staff from both Cities asked a wetland engineering consultant to study the prospects of creating a wetland bank that could serve both Cities in the Fox -Wolf basin, and reduce the overall cost for each city. The wetland bank could be used for both economic development and public works purposes by giving businesses and each city the certainty in obtaining wetland bank credits, and possibly reducing the per acre costs of wetland mitigation. FISCAL IMPACT The City of Neenah would hire the consultant and the Cities of Oshkosh and Neenah would enter into this Intergovernmental Agreement to pay the study cost of about $20,000. The City of Oshkosh share would be about $10,000, and both Community Development and Public Works would provide the funding for Oshkosh's share. RECOMMENDATION Approve Intergovernmental Agreement with the City of Neenah to undertake a Wetland Bank Study for $10,000. Respectfully submitted, Approved, Allen Davis Mark Rohloff Community Development Director City Manager INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF OSHKOSH AND CITY OF NEENAH This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between CITY OF OSHKOSH (OSHKOSH) and CITY OF NEENAH ( NEENAH), as follows: RECITALS WHEREAS, Neenah and Oshkosh have experienced wetland mitigation issues that have affected economic development projects and public works projects, and WHEREAS, wetland mitigation issues have delayed economic development and public works projects by requiring applicants to find wetland mitigation banks with available credits and have increased the wetland mitigation expenses by requiring the applicant to pay a higher rate for wetland credits outside the Fox River basin; and WHEREAS, Neenah and Oshkosh economic development and public works staff have determined that that it may be in their community's best interest to explore the possibility of creating a wetland bank in order to minimize the time in finding wetland credits and minimize the cost of buying wetland credits; and WHEREAS, Neenah and Oshkosh have asked for a Wetland Mitigation Site Search (Study) professional services proposal from Stantec Consulting Services Inc. (Stantec), and WHEREAS, Neenah will enter into said agreement with Stantec Consulting Services, Inc. to conduct a Wetland Mitigation Site Search (Study), and WHEREAS, Neenah and Oshkosh will share equally in the cost of the Wetland Mitigation Site Search (Study), NOW, THEREFORE, in consideration of the foregoing, and subject to any conditions contained herein, Neenah and Oshkosh agree as follows: AGREEMENT The City of Neenah shall enter into an agreement with Stantec to conduct the Wetland Mitigation Site Search Study included as Exhibit 1 and attached. The cost of the Study shall not exceed $19,900.00 without prior written consent from Neenah and Oshkosh. 2. Oshkosh shall pay Neenah up to $9,950.00 to cover fifty percent (50 %) of the costs of the Study. Neenah shall invoice Oshkosh and Oshkosh shall pay the invoice within thirty (30) days. 3. Oshkosh and Neenah agree to fully cooperate with Stantec to facilitate the timely completion of the Study. 1IPage 4. If either Oshkosh or Neenah wishes to terminate this Agreement, both parties agree to provide 30 -day written notice to the other party of the termination. Expenses incurred by Neenah prior to the effective date of termination shall be divided in accordance with Paragraph 2 above. Dated this CITY OF NEENAH date of May, 2016. Dean R. Kaufert, Mayor Attest: Patricia A. Sturn, City Clerk I hereby certify that the necessary funds have been provided to pay the liability incurred by the City of Neenah on the within Contract. Michael K. Easker, Director of Finance APPROVED AS TO FORM: James G. Godlewski, City Attorney CITY OF OSHKOSH go Attest: Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk I hereby certify that the necessary funds have been provided to pay the liability incurred by the City of Neenah on the within Contract. Trena Larson, Director of Finance APPROVED AS TO FORM: Lynn Lorenson, City Attorney 2 1 P a g e