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File #: DC-4345    Version: 3
Type: Consent Action Status: Passed
File created: 3/3/2025 In control: Board of Commissioners
On agenda: 4/22/2025 Final action: 4/22/2025
Enactment date: 4/22/2025 Resolution #: 25-205
Title: Authorization To Execute 2025 Lease Agreement For Agricultural Use Of County Property
Sponsors: Physical Development Administration
Attachments: 1. Lease Site Map, 2. RFB DC Ag Lease Site 2025, 3. Bid - Joe Marthaler, 4. Bid - Kyle Braun, 5. Bid - Paul Werner

DEPARTMENT: Physical Development Administration

FILE TYPE: Consent Action

 

TITLE

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Authorization To Execute 2025 Lease Agreement For Agricultural Use Of County Property

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PURPOSE/ACTION REQUESTED

Authorize execution of a lease agreement for agricultural use of County property.

 

SUMMARY

Dakota County has historically leased some unimproved County-owned land for interim agricultural

purposes until it can be converted to its highest and best use according to approved plans.

 

Lease Approach

The County Board directed staff to use a competitive sealed-bid process for leasing County-owned

property for agricultural use in 2013 by Resolution No. 12-526 (October 23, 2012). The resolution

authorized one-year lease terms for a sealed-bid leasing process; subsequent leases may have

terms of up to three years. The resolution further directed that if the County receives no bids or

receives unacceptable bids, staff was to negotiate with current tenants or others to develop one-year

agricultural-use leases for those sites without an acceptable bid and that all successful bids and

negotiated agricultural-use leases be presented to the County Board for review and consideration.

The sealed bid process has been successful in offering lease opportunities to more interested parties.

 

2025 Bids for Lease of County-Owned Land for Agricultural Use

For the 27.1-acre agricultural lease near the Empire composting facility (Attachment: Draft Lease

With Lease Site Map), a bid request was placed on the County website, and a legal notice was

published in the official County newspaper. Previous bidders for agricultural land leases on County owned land were also notified. The bid opening was conducted on March 27, 2025, with the following three bids received:

 

Bidder Annual Rent (Per Acre)

Joe Marthaler: $5,326.50 ($196.55)

Kyle Braun: $5,176.10 ($191.00)

Paul Werner: $4,315.68 ($159.25)

 

For comparison, the lease rate received for 2024 was approximately $4,120, or $152 per acre.

 

RECOMMENDATION

recommendation

Staff recommends that the County Board award the agricultural land lease to the highest bidder. Staff

further recommends that if the highest bidder cannot meet the lease terms, staff then proceed to

assign the lease contract to the next highest bidder and return it to the County Board for approval. If

any bidder cannot meet the lease terms, then staff should negotiate with the previous renter or others for leasing the agricultural property in 2025.

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EXPLANATION OF FISCAL/FTE IMPACTS

Interim agricultural land rental revenue in 2025 will be allocated to the 2025 Real Estate Office General Support fund under Physical Development Administration.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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WHEREAS, Dakota County has historically leased portions of unimproved County-owned parkland for interim agricultural purposes until it can be converted to its highest and best use according to approved master plans; and

 

WHEREAS, by Resolution No. 12-526 (October 23, 2012), the County Board directed staff to use a

competitive sealed-bid process for leasing County-owned property for agricultural use; and

 

WHEREAS, the resolution authorized one-year lease terms for the initial leases and a sealed bid

leasing process and subsequent leases may have terms of up to three years; and

 

WHEREAS, the resolution further directed that if the County receives no bids or receives

unacceptable bids, staff was to negotiate with current tenants or others to develop one-year

agricultural-use leases for those sites without an acceptable bid; and

 

WHEREAS, all successful bids and negotiated agricultural-use leases must be presented to the

County Board for review and consideration; and

 

WHEREAS, on March 27, 2025, three bids were received for leasing County-owned property for

agricultural use; and

 

WHEREAS, staff recommends executing a contract with the high bidder in the amount of $5,326.50

for the 2025 growing season.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby

authorizes the Physical Development Director to execute an agricultural lease agreement with the

following individual for the use of specified County land at the rates, durations, and terms described,

subject to approval by the County Attorney's Office, as to form: Joe Marthaler, for a lease on no more

than 27.1 acres of cropland near the Empire Composting Facility (Site 6) at a rate of $196.55 per

acre for a total amount of $5,326.50 from April 10, 2025, through December 31, 2025.

 

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PREVIOUS BOARD ACTION

12-526; 10/23/12

 

ATTACHMENTS

Attachment: Lease Site #6 Map

Attachment: RFB Dakota County Agricultural Lease Site #6 2025

Attachment: Bid - Paul Werner

Attachment: Bid - Kyle Braun

Attachment: Bid - Joe Marthaler

 

BOARD GOALS

   Thriving People        A Healthy Environment with Quality Natural Resources

   A Successful Place for Business and Jobs         Excellence in Public Service

 

CONTACT

Department Head: Erin Stwora

Author: Eddie Buell