DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute $6,066,000 State Outdoor Heritage Fund Grant Agreement For Natural Resource Protection And Restoration And Amend 2022 Environmental Resources Capital Improvement Program And Environmental Legacy Fund Budgets
end
PURPOSE/ACTION REQUESTED
Authorize execution of a $6,066,000 2022 Minnesota Legislature Outdoor Heritage (OH) Grant Agreement with the Minnesota Department of Natural Resources (DNR) and amend the 2022 Environmental Resources (ER) Capital Improvement Program (CIP) and Environmental Legacy Fund Budgets (ELF).
SUMMARY
The Minnesota Clean Water, Land, and Legacy constitutional amendment was approved in 2008, increasing the state sales and use tax and dedicating this revenue to natural resources and clean water, arts and cultural heritage, and parks and trails. A portion of the funds is accessed through application to the Lessard-Sams Outdoor Heritage Council (LSOHC), which makes funding recommendations to the state legislature for projects to protect, improve, and enhance wetlands, prairies, forests, and fish, game, and wildlife habitat. By Resolution No. 21-265 (May 18, 2021), the County Board authorized the submission of an $8.1 million proposal that included funding for habitat restoration and enhancement in Regional Parks, Park Reserves, County Park Conservation Areas, other public lands, and protected private lands and acquisition of conservation easements and fee title of land located within regional greenway corridors, Conservation Focus Areas, and other areas containing priority natural areas. The LSOHC recommended $6,066,000 of OH funds for the County to the 2022 Minnesota Legislature (ML22) in May 2022, and the ML22 appropriated $6,066,000 of OH funds [ML 2022, Chapter 77, Article 1, Section. 2, Subd. 5(a) Dakota County Habitat Protection and Restoration, Ph. VII] to the DNR commissioner for a grant agreement with the County to acquire permanent conservation easements and land in fee and to restore and enhance riparian and other wildlife habitats in Dakota County.
A ML22 OH Accomplishment Plan detailing how the final funding appropriation will be spent was approved by the LSOHC on June 22, 2022. This plan includes up to $3,045,000 for acquiring permanent easements and fee title to protect an estimated 465 acres. A total of $2,971,00 is allocated for the restoration/enhancement of 920 acres, including an estimated 305 acres in Regional Parks, Park Reserves, and County Park Conservation Areas, with an additional $50,000 for other professional services.
The 2022 ER CIP was approved using the $5.2 million grant request and $1.4 million of County match. Since the final appropriation was different than the grant request, the 2022 ER CIP needs to be amended to reflect the final $6,066,000 appropriation with a $1,175,000 County match.
The attached ML22 OH Fund Grant Agreement is administered by the DNR. Execution of the grant agreement requires a resolution attesting that the County agrees to be the grantee, has the financial capability to complete the acquisition projects by June 30, 202, and restoration projects by June 30, 2027, and restoration projects by June 30, 2027, will comply with all laws and regulations and authorizes execution of the agreement.
RECOMMENDATION
recommendation
Staff recommends that the County Board authorize the Physical Development Director to execute the ML22 OH Grant Agreement and to amend the 2022 ER CIP and 2022 ELF budgets.
end
EXPLANATION OF FISCAL/FTE IMPACTS
The Adopted 2022 Environmental Resources CIP budget included a total budget of $6,720,754 with $5,236,000 budgeted from ML22 OH and $1,434,754 of County match (see Attachment: Financial Summary). A budget amendment is needed to account for the additional ML22 OH funding and decreased County match.
☐ None ☐ Current budget ☐ Other
☒ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, in 2008, Minnesota residents approved the Minnesota constitutional amendment to increase the State sales and use tax rate and to dedicate this revenue to protecting, improving, and enhancing natural land and water resources, providing increased hunting and fishing opportunities, improving park and trail opportunities and facilities, and benefiting arts and preserving cultural heritage; and
WHEREAS, the 2009 Minnesota Legislature provided direction on the administration and dispersal of the dedicated revenue through various agencies and grant programs, including the Lessard-Sams Outdoor Heritage Council (LSOHC); and
WHEREAS, the County has previously submitted funding proposals to the LSOHC and a total of $13.57 million of Outdoor Heritage (OH) funds have been appropriated by the Minnesota Legislature (ML) to the County for acquisition and restoration between 2009 and 2021; and
WHEREAS, protection, restoration, and enhancement of environmentally sensitive and priority natural areas owned by the County, other public entities, and private landowners provide multiple public benefits and are a priority for the Dakota County Board of Commissioners, as demonstrated in the approved County Park and Greenway Master Plans and associated Natural Resource Management Plans, and the Land Conservation (LC) Plan for Dakota County; and
WHEREAS, the LSOHC requested OH funding proposals for State fiscal year 2023 for 2022 Minnesota Legislature (ML22) review and approval; and
WHEREAS, staff developed an $8.1 million ML22 OH funding request matched by $1,570,000 of County funds that emphasized: 1) restoration of County-owned lands, other publicly owned lands within Regional Greenway corridors and Conservation Focus Areas (CFA), and existing and new conservation easements (Easements) on private land; and 2) acquisition of Easement and/or fee title within Regional Greenways, CFAs, and other significant areas described in the LC Plan; and
WHEREAS, by Resolution No. 21-265 (May 18, 2021), the County Board of Commissioners authorized the submission of a ML22 OH grant request to the LSOHC; and
WHEREAS, the LSOHC reviewed the County’s proposal and included $6,060,000 of funding for the County in its recommendations to the ML22; and
WHEREAS, the ML22 approved and appropriated $6,066,000 of OH funds to the commissioner of natural resources [ML 2022, Ch. 77, Art. 1, Sec. 2, subd. 5(a) Habitat Protection in Dakota County, Phase VIII] for an agreement with the County for the acquisition of permanent easements fee title and enhancement and restoration of aquatic and associated upland habitat in Dakota County; and
WHEREAS, the LSOHC approved the “Dakota County Habitat Protection/Restoration Phase VIII” Accomplishment Plan at its June 22, 2022, meeting; and
WHEREAS, the ML22 OH grant agreement is administered by the Minnesota Department of Natural Resources (DNR) and requires a County Board resolution attesting that the County act as the grantee for the grant; has the financial capability to complete the projects by June 30, 2027, or five years after acquisition, whichever is later; will comply with all laws and regulations; and authorizes execution of the agreement; and
WHEREAS, the 2022 Environmental Resources (ER) Capital Improvement Program (CIP) budget was approved based on $5.2 million of OH funds being requested and matched by $1.4 million of County funds; and
WHEREAS, a 2022 ER CIP budget amendment is required based on the final ML22 appropriation and reduced County funding match.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute the ML22 OH Grant Agreement [ML 2022, Ch. 77, Art. 1, Sec. 2, subd.5(a) Habitat Protection in Dakota County, Phase VIII] with the DNR for habitat protection and restoration/enhancement projects in Dakota County, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That Dakota County hereby attests that it has the financial capability to ensure adequate completion of the habitat protection projects and certifies that it will comply with all applicable laws and regulations as stated in the ML22 OH Grant Agreement; and
BE IT FURTHER RESOLVED, That the County of Dakota shall act as the grantee for the ML22 OH Grant Agreement for habitat protection and restoration projects in Dakota County; and
BE IT FURTHER RESOLVED, That the 2022 Environmental Resources CIP is hereby amended as follows:
Expense
Land Acquisition and Restoration/Enhancement $570,246
Total Expense $570,246
Revenue
ML22 OH Grant Funds $830,000
County Match to ML22 OH Funds(ELF) ($259,754)
Total Revenue $570,246
; and
BE IT FURTHER RESOLVED, That the 2022 Environmental Legacy Fund is hereby amended as follows:
Revenue
Reimburse Env. Resources CIP $259,754
Use of ELF Fund Balance ($259,754)
Total Revenue $0
end
PREVIOUS BOARD ACTION
21-265; 5/18/21
ATTACHMENTS
Attachment: ML22 OH Grant Agreement
Attachment: Financial Summary
BOARD GOALS
☐ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Alan Singer
Author: Alan Singer