Legislation Details

File #: DC-2707    Version:
Type: Consent Action Status: Passed
File created: 10/17/2023 In control: Board of Commissioners
On agenda: 11/28/2023 Final action: 11/28/2023
Enactment date: 11/28/2023 Resolution #: 23-530
Title: Authorization To Expend Funds To Acquire And Accept Deeds For Greenway Easements From City Of Burnsville And Amend 2023 Capital Improvement Program Budgets
Sponsors: Parks, Facilities, and Fleet Management
Attachments: 1. Attachment Legal Descriptions for Lake Marion Greenway Trail Easements, 2. Attachment General Depiction of Greenway Trail Easements
DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action

TITLE
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Authorization To Expend Funds To Acquire And Accept Deeds For Greenway Easements From City Of Burnsville And Amend 2023 Capital Improvement Program Budgets
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RESOLUTION
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WHEREAS, by Resolution No.13- 441( August 20, 2013), the Dakota County Board of Commissioners (Board) approved the Lake Marion Greenway (Greenway) Master Plan; and

WHEREAS, by Resolution No.19-036 (January 22, 2019), the Board approved a cost share Joint Powers Agreement (JPA) with the City of Burnsville (City) to complete the final design and acquire four Greenway trail easements (easements) for eventual conveyance to the County; and

WHEREAS, by Resolution No.19-872 (December 17, 2019), the Board approved an amendment to the JPA due to unanticipated project changes and higher-than-expected appraisal values; and

WHEREAS, the amendment included language that the County was responsible for total Greenway acquisition costs and that anticipated funding would be from the Metropolitan Council's (MC) Acquisition Opportunity Fund (AOF) and County AOF match; and

WHEREAS, the original December 31, 2021, JPA expiration date was not changed; and

WHEREAS, challenging landowner negotiations delayed the acquisitions; and

WHEREAS, the City did acquire the four Easements in 2021 and expended a total of $615,097.50 for the Easements and related consultant costs; and

WHEREAS, there were significant delays in submitting an Acquisition Opportunity Fund (AOF) grant request to the Metropolitan Council (MC) due to MC policy concerns associated with paying for easements or fee title when owned by a separate public entity, as well as the eligibility of contractor costs associated with the acquisition process; and

WHEREAS, eventually, MC policy concerns were resolved, but it required new appraisals since the one-year effective date had lapsed and the term of the original JPA had ended; and

WHEREAS, a new Greenway-...

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