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HomeMy WebLinkAbout2026-05-18 I01J_02_d Raccoon Valley Mitigation Bank Credit Purchase Agreements_CEMVR-RD-2025-1053_10th St ExtensionAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 18, 2026 AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement between Raccoon Valley Mitigation Bank and the City of Waukee [Permit CEMVR-RD-2025-1053] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Raccoon Valley Mitigation Bank offers wetland mitigation credits to a primary service area for the Upper Des Moines River Basin. The City of Waukee is required to purchase mitigation credits for 0.23 acres of emergent wetlands to satisfy unavoidable impacts as part of the 10th Street Extension project. The mitigation impacts are described in Section 404 of the permit received from the U.S. Army Corps. of Engineers. Upon the signing of the Purchase Agreement and the payment of $11,305.09 for the purchase of the required 0.23 emergent wetland credits to Raccoon Valley Acres, Raccoon Valley Acres will debit 0.23 emergent wetland credits from the Raccoon Valley Mitigation Bank’s credit ledger to the City’s project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $11,305.09. This mitigation cost is included in the total project budget ($32.8M) for the 10th Street Extension project shown in the approved FY 2026-2030 CIP. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution and Agreement. ATTACHMENTS: I. Resolution II. Purchase Agreement with Raccoon Valley Mitigation Bank PREPARED BY: Lisa Bauman REVIEWED BY: Rudy Koester RK I1J2d THE CITY OF WAUKEE, IOWA RESOLUTION 2026- APPROVING PURCHASE AGREEMENT BETWEEN RACCOON VALLEY MITIGATION BANK AND THE CITY OF WAUKEE [PERMIT CEMVR-RD-2025-1053] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Waukee is required to purchase mitigation credits for 0.23 acres of emergent wetlands to satisfy unavoidable impacts as part of the 10th Street Extension project; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Purchase Agreement between Raccoon Valley Mitigation Bank and City of Waukee [10th Street Extension] are hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved on the 18th day of May, 2026. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce Raccoon Valley Mitigation Bank 222 West Pleasant Ridge Road Carroll, Iowa 51401 PURCHASE AGREEMENT May 12, 2026 Rudy Koester City of Waukee 230 W Hickman Rd Waukee, IA 50263 Re: PERMIT CEMVR-RD-2025-1053 Raccoon Valley Acres, owns and operates the Raccoon Valley Mitigation Bank legally described as shown in Exhibit A. The Raccoon Valley Mitigation Bank is operating in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks; Notice published in the Tuesday, November 28, 1995 Federal Register, Volume 60, No. 228. The Raccoon Valley Mitigation Bank offers wetland credits to a primary service area for the Upper Des Moines River Basin as defined within the Iowa Mitigation Banking document (Last revised: July 2019). As of the date of this agreement, Raccoon Valley Mitigation Bank is compliant with the performance criteria detailed in the banking instrument. This includes: • The required Conservation Easement, (Racoon Valley Acres, Grantor; Shelby County Conservation Board, Grantee) is filed with the Sac County Recorder. • The required long-term maintenance account has been created. • Construction was completed in Spring 2025. • Credits are within sufficient quantities and qualities for debit to meet the permit requirements for the City of Waukee. It is our understanding the City of Waukee will require 0.23 emergent wetland credits to satisfy unavoidable impacts described in the above-referenced Section 404 Application. Upon the USACE permit approval and the signing of the Purchase Agreement and the payment of $11,305.09 for the purchase of the require 0.23 emergent wetland credits to Raccoon Valley Acres, Raccoon Valley Acres will debit 0.23 emergent wetland credits from the Raccoon Valley Mitigation Bank’s credit ledger to the appropriate project. General Provisions: PRICE: The Purchase Price of $11,305.09 for 0.23 emergent wetland credits is payable to Raccoon Valley Acres upon approval of permit PERMIT CEMVR-RD-2025-1053 TIME FOR ACCEPTANCE: This Agreement shall become a binding contract. If payment in full is not received by July 1, 2026, this Purchase Agreement shall become Null and Void. Immediately upon receiving payment and one signed electronic copy, Raccoon Valley Acres will execute the documents, return a signed electronic copy to you, and provide proof of payment to: Abigail Steele Regulatory Project Manager Rock Island District Corps of Engineers Clock Tower Building — PO Box 2004 Rock Island, IL 51204-2004 Credits are not reserved until this document is fully executed and returned. Date: May 12, 2026 Date: Raccoon Valley Mitigation Bank City of Waukee 222 W Pleasant Ridge Rd 230 W Hickman Rd Carroll, IA 51401 Waukee, IA 50263 For Raccoon Valley Mitigation Bank: For City of Waukee: Daniel Sturm Rudy Koester XXXXXXXXXXX Courtney Clarke, Mayor May 18, 2026           ! !"#$#%$#&'()*+ % " $,-.  (% /012 345667