DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Joint Powers Agreement With Dakota County Soil And Water Conservation District For Prescribed Burns And Native Overseeding Within Certain Easements Enrolled In Dakota County’s Land Conservation Program And Amend 2026 Parks And Greenways Capital Improvement Program Budget
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RESOLUTION
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WHEREAS, the Dakota County Soil and Water Conservation District (SWCD) is a governmental and political subdivision of the State of Minnesota, located wholly within the boundaries of Dakota County, with statutory authority to carry out erosion control and other water conservation programs within Dakota County, pursuant to Minn. Stat. Ch. 103C, and as otherwise provided by law; and
WHEREAS, by Resolution No. 23-589 (December 19, 2023), the County and the SWCD executed a joint powers agreements (JPA) pursuant to Minn. Stat. § 471.59 to mutually assist each other related to their common interest in soil and water conservation programming within Dakota County and for the purpose of performing on behalf of each other services or functions that the other is authorized to perform for itself; and
WHEREAS, both Dakota County and the SWCD have a common interest and statutory authority to encourage land occupiers in Dakota County to conserve soil and water resources; and
WHEREAS, by Resolution No. 20-568 (November 17, 2020), the County Board adopted a Land Conservation Plan to guide future land protection efforts and to strengthen natural resource management on protected lands; and
WHEREAS, the County has three separate natural area easement sites over privately owned properties that have enrolled in the County’s Land Conservation Program; and
WHEREAS, these three easements are:
1. The Wilmar Easement, located in Vermillion Township, consisting of 42.3 acres of restored mesic prairie, shrubland, and floodplain forest as well as a stretch of the Minnesota Department of Natural Resources protected Vermillion River
2. The Betzler Easement, located in Ravenna Township, consisting of 3.4 acres of oak savanna and oak woodland with small pockets of prairie
3. The ISD 200 Easement, located in Vermillion Township, consisting of 53.7 acres of both wetland and upland habitats, which include restored mesic prairie and wet meadow transitioning to marsh and open water
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WHEREAS, the management units within these three County Easements show a need for increased native, herbaceous diversity and would benefit from prescribed burns and/or enhancement seeding/overseeding with appropriate, native seed mixes; and
WHEREAS, the SWCD applied for and received Fiscal Year 2026 Expedited Conservation Project grant funds not to exceed $75,000 through the Minnesota Department of Natural Resources’ (DNR) Conservation Partners Legacy Grant Program to be applied towards prescribed burning and seeding at these three County easements; and
WHEREAS, the County and SWCD have developed a draft JPA that describes the purpose, terms, and obligations of both entities for implementing the natural resource restoration plan included in the executed grant agreement; and
WHEREAS, SWCD shall distribute the Grant Funds received from the DNR to reimburse the County for the actual controlled burns, overseeding, and native seed costs of the Project, subject to and in accordance with the terms and conditions of this draft JPA; and
WHEREAS, to obtain the DNR Grant, SWCD pledged in-kind services valued at $7,500 (10% of the total project cost) towards grant administration and oversight; and
WHEREAS, the County agrees to complete the project and reimburse the SWCD for its grant administrative and oversight services pledged as in-kind services to obtain the DNR Grant in accordance with the terms and conditions of this draft JPA.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Manager or delegate to execute a joint powers agreement with the Dakota County Soil and Water Conservation District to implement its Fiscal Year 2026 Expedited Conservation Project restoration plan and to expend up to $7,500 of non-reimbursable County funds from existing Capital Improvement Program set-aside budget, subject to the approval of the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the 2026 Parks and Greenways Capital Improvement Program Budget is hereby amended as follows:
Expense
2000704 Easement Restoration - Wilmar, Betzler, ISD200: $75,000
Total Expense: $75,000
Revenue
SWCD CPL Grant: $75,000
Total Revenue: $75,000
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BACKGROUND
Dakota County and the Dakota County Soil and Water Conservation District (SWCD) have been longstanding partners in the implementation and development of the County’s Land Conservation Program, dating back to the program’s inception. SWCD staff serves as a landowner contact for active easement sites and provide technical assistance and project management in consultation with and under the direction of County staff. These services that the SWCD provides are outlined and covered under the existing joint powers agreement with the SWCD which was approved by the County Board by Resolution No. 23-589 (December 19, 2023).
A new joint powers agreement would formalize the relationship between the SWCD and the County as it relates to the Fiscal Year 2026 Conservation Partners Legacy (CPL) Grant awarded to the SWCD. In partnership with the SWCD, the County would solicit and execute an agreement with a qualified contractor to carry out the restoration work plan outlined in the grant agreement. The County would then be reimbursed for project expenses by the SWCD per stipulations outlined in the grant agreement. The County would also compensate the SWCD (using a non-state source) for its staff time to administer the grant and manage the restoration, which the SWCD identified as its required 10% match for the grant. The draft joint powers agreement was brought before the SWCD Board of Supervisors and was approved at their June 11, 2026 meeting. The grant agreement was executed on May 18, 2026, and the grant has an expiration date of June 30, 2029.
RECOMMENDATION
recommendation
Staff recommends that the County Board authorize the Assistant County Manager or delegate to execute a joint powers agreement with the SWCD to implement its Fiscal Year 2026 Expedited Conservation Project restoration plan and to expend up to $7,500 of non-reimbursable County funds, subject to the approval of the County Attorney’s Office as to form.
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FINANCIAL AND STAFFING IMPACTS
The total estimated project cost is $82,500 as indicated in the draft joint powers agreement and grant agreement. The County would initially cover the direct project costs, inclusive of all related contracts and supplies, of $75,000 and would later be reimbursed by the SWCD upon release of grant funds. The County would use existing budget from the previously approved Capital Improvement Program (CIP) set aside to pay for the SWCD’s grant administration and oversight expenses, totaling $7,500, which was pledged as grant match. Current workplans and staff time align with the needs of this project. Staff propose to amend the Parks and Greenways CIP to add $75,000 to new project 2000704.
Project 2000704 Easement Restoration - Wilmar, Betzler, ISD200
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Funding Source |
Total Proposed Budget |
Available Budget |
|
SWCD CPL Grant |
$75,000 |
$75,000 |
|
ELF (via existing NR Base set-aside funds) |
$7,500 |
$7,500 |
|
Total |
$82,500 |
$82,500 |
PREVIOUS BOARD ACTION
23-589; 12/19/23
20-568; 11/17/20
ATTACHMENTS
Attachment: Draft joint powers agreement
Attachment: Grant agreement
CONTACT
Department Director: Niki Geisler
Author: Alexander Scurto