DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Joint Powers Agreement With City Of Rosemount For Natural Resource Restoration On McMenomy Permanent Natural Area Conservation Easement
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PURPOSE/ACTION REQUESTED
Authorize execution of a joint powers agreement (JPA) with the City of Rosemount (City) for natural resource restoration and enhancement of the McMenomy permanent natural area conservation easement (Easement).
SUMMARY
By Resolution No. 22-280 (June 21, 2022), the Dakota County Board of Commissioners approved the acquisition of natural area conservation and greenway easements on the former McMenomy property (Attachment: Easement Map). Immediately following the easement acquisitions, the City purchased the fee title of the property. A Natural Resource Management Plan (NRMP) was completed for the Easement. Restoration activities have not begun.
The proposed JPA includes the roles, responsibilities, and associated costs for completing initial restoration activities per the NRMP (Attachment: JPA Draft). The total cost of the initial proposed restoration will not exceed $490,000. The County has available grant funding to provide for the costs associated only with the McMenomy Easement through May 12, 2028. The City intends to consider contributing funds toward additional restoration activities in future budget cycles, because this request did not meet the deadline for City budget considerations for 2026. The County and the City want to begin restoration activities now, to take advantage of the available state grant funds.
The City is providing a temporary access easement through a parcel it owns to the west of the Easement property. The Minnesota Department of Natural Resources (DNR), which holds a separate conservation easement on that adjacent City property, provided the required approval for the temporary access (Attachment: DNR Approval Letter).
The JPA states that the County will maintain restored areas along the greenway corridor easement (a standard practice) and the City will maintain restored areas within the non-greenway easement area. County maintenance activities will be funded with Environmental Legacy Fund (ELF).
RECOMMENDATION
recommendation
Dakota County staff recommends authorization to execute a JPA with the City for restoration on the former McMenomy Easement.
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EXPLANATION OF FISCAL/FTE IMPACTS
Dakota County’s cost will not exceed $490,000. Sufficient funding is available from the Outdoor Heritage Fund, Minnesota Laws 2019 grant (OH ML19). OH ML19 funding is available only for the former McMenomy Easement area, through May 12, 2028.
1001472 McMenomy Restoration
|
Funding Source |
Total Budget |
Available Budget |
|
Outdoor Heritage Fund Grant (2019) |
$490,000 |
$490,000 |
|
Total |
$490,000 |
$490,000 |
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, by Resolution No. 22-280 (June 21, 2022), the Dakota County Board of Commissioners approved the acquisition of natural area conservation and greenway easements on the former McMenomy property; and
WHEREAS, the City of Rosemount (City) immediately purchased the fee title of the former McMenomy property after the County acquired the easements; and
WHEREAS, a Natural Resource Management Plan was completed for the McMenomy permanent natural area conservation easement (Easement) that includes restoration management strategies, work plans, and cost estimates; and
WHEREAS, the County and the City agree to work in partnership to conduct restoration activities on the combined properties; and
WHEREAS, the initial total estimated project cost will not exceed $490,000 over the next three years; and
WHEREAS, the County will contribute up to a total of $490,000 toward restoration costs, using available Outdoor Heritage Fund grant money from the Minnesota Law 2019 grant awarded by the Lessard-Sams Outdoor Heritage Council, with a funding deadline of May 12, 2028, for only the McMenomy Easement area; and
WHEREAS, the City will provide a temporary access easement through a parcel it owns to the west of the Easement property, over which the Minnesota Department of Natural Resources holds a separate conservation easement, and provided the required approval for the temporary access; and
WHEREAS, a joint powers agreement between the County and the City describing roles, responsibilities, and associated costs is required.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a joint powers agreement with the City of Rosemount for temporary access to and for the costs associated with the initial restoration of the land restricted by a County-held permanent natural area conservation easement, formerly owned by the McMenomy family, now owned by the City of Rosemount; and
BE IT FURTHER RESOLVED, That following expenditure of Outdoor Heritage Fund grant money from the Minnesota Laws 2019 grant awarded by the Lessard-Sams Outdoor Heritage Council as appropriated by the Minnesota Legislature, County staff will request reimbursement from the Minnesota Department of Natural Resources (grant administrator) and return the reimbursed funds to the Parks Capital Improvement Program.
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PREVIOUS BOARD ACTION
22-280; 06/21/22
ATTACHMENTS
Attachment: Easement Map
Attachment: JPA Draft
Attachment: DNR Approval Letter
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: Niki Geisler
Author: Lisa West