Adopt Resolution #25-285 Approving Early Access Agreement with LH Road LLC (Wildlife Research Center)

The purpose of this case is to consider granting access to Tract B, Registered Land Survey No. 251 to conduct preliminary site investigation for a site with many encumbrances and challenges.  Staff has been working with Wildlife Research Center and the MPCA on the framework of a deal to sell City owned land adjacent to the landfill for a 36,000 SF expansion to their business.  Wildlife Research currently occupies a 40,000 SF buillding in Sunfish Lake Business park that was constructed in 2005.  Staff has been trying to find a solution for Wildlife Research for over 5 years on other parcels near their current site but has not gained any traction with the MPCA.  This property is not on the open market and was thought to be "undevelopable" based on past discussions with parties at the MPCA.  Recent discussions with new leadership at the MPCA has resulted in some optimism that this land could be developed and brought back on the tax rolls and the MPCA has expressed a willingness to consider the expansion.  However, this parcel has two recovery wells that the MPCA will need to have continued access to and the property has some challenging topography and underground piping to navigate through. The site is also encumbered by easements to allow access over and across the property to allow MPCA access to maintain and monitor 2 recovery wells.   In order to put a viable site plan together and to determine what an offer for the land might be, some site investigation is needed to be completed by Wildlife Research Center which would be permitted as part of the Early Access Agreement presented for City Council consideration.  The Early Access Agreement has been reviewed by the City Attorney and is recommended for approval.

Staff and Wildlife Research have spoken to the Landowner to the southeast (Ztech Precision) and they do not have any interest in purchasing the property Wildlife Research is looking at. They are also open to removing an access easement from their property as part of this project.

None required at this time.  If the property is to be sold, a Sales Ordinance and Resolution will need to be adopted at a later date which would require a public hearing.

Wildlife Research has put together a very conceptual site plan identifying what a 36,000 SF expansion with another smaller storage building on site would like. (see attached) The Early Access Agreement would allow Wildlife Research Center to conduct some preliminary site investigation to determine project costs associated with fill, relocation of stormwater infrastructure, easement access to recovery wells for MPCA and other items.  Once this information is gathered, a formal offer can be made. Once this has been completed, the project would go through the typical negotiation and Purchase Agreement/RORE process with the EDA and Council. Staff and the MPCA are supportive of this preliminary access agreement to obtain information that will help guide the design and project costs for this proposed 36,000 SF expansion. The proposed action does not commit the City to selling the property to LH Road, LLC (Wildlife Research Center).

Alternatives include:
1) Adopt Resolution #25-285 Approving Early Access Agreement with LH Road LLC (Wildlife Research Center); subject to City Attorney Review (as presented)
2) Adopt Resolution #25-285 Approving Early Access Agreement with LH Road LLC (Wildlife Research Center); subject to City Attorney Review (with changes)
3) Something else
 

The City Attorney has reviewed the draft Early Acces Agreement and will bill accordingly for the review.