HomeMy WebLinkAboutItem 06.k
Date: Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
PROPERTY ACQUISITION AND NATURAL RESOURCE MANAGEMENT
FOR THE ORCHARD LAKE CONSERVATION AREA
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Dakota County for Property Acquisition and Natural Resource Management for the
Orchard Lake Conservation Area.
Overview
The City and County propose to partner in the acquisition of twenty-seven individual,
undeveloped parcels totaling 6.97 acres for the purpose of protecting upland and aquatic habitat
and enhancing the water quality of Orchard Lake. The parcels are located south of Orchard
Lake, between 175th Street and Layton Path, and adjacent to existing City-owned parcels, unused
dedicated right-of-way and State tax-forfeited parcels. The City is currently seeking transfer of
the State tax-forfeited parcels in an effort to assemble and create a nearly 29-acre contiguous
undeveloped area for natural resource management and passive recreational use. The Dakota
County Board of Commissioners authorized execution of the Joint Powers Agreement (JPA) at
their October 11, 2016 meeting.
Primary Issues to Consider
• The JPA establishes City and County responsibilities and cost participation. The City and
County will each be responsible for 50% of the property acquisition costs; the City’s
estimated share is $25,825. The City’s proposed funding source is the Storm Sewer Fund.
The City and County will jointly develop a natural resource management work plan to
provide guidance for future natural resource priorities and activities.
Supporting Information
• Joint Powers Agreement
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Notes: Additional funding provided by Dakota County
Report Completed by: Zach Johnson, City Engineer
October 17, 2016
25,825 Storm Sewer Fund
Contract No. C00_____
JOINT POWERS AGREEMENT
BETWEEN
DAKOTA COUNTY
AND THE
CITY OF LAKEVILLE
FOR
PROPERTY ACQUISITION
AND
NATURAL RESOURCE MANAGEMENT
FOR THE
ORCHARD LAKE CONSERVATION AREA
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This Joint Powers Agreement (referred to as the “Agreement”), made and entered into
by and between the County of Dakota, (referred to in this Agreement as the “County");
and the City of Lakeville, (referred to in this Agreement as the “City"); and witnesses the
following:
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1,
two or more governmental units may enter into an agreement to cooperatively exercise
any power common to the contracting parties, and one of the participating governmental
units may exercise its powers on behalf of the other governmental units; and
WHEREAS, the Lyndale Lakes Club 2nd Addition Plat (referred to in this Agreement as
the “Plat”) includes undeveloped wetlands and uplands between 175th Street, Layton
Path and Kettering Trail south of Orchard Lake in the City; and
WHEREAS, the State of Minnesota (referred to in this Agreement as the “State”) owns
twenty-three individual tax-forfeited parcels, totaling 5.00 acres, within the Plat, as
generally depicted in the attached Exhibit A; and
WHEREAS, the City is seeking transfer of the twenty-three tax-forfeited parcels from
the State to the City, as generally depicted in the attached Exhibit A; and
WHEREAS, the City owns six separate tax parcels, totaling 7.96 acres, within the Plat;
a 2.91-acre parcel used for storm water management, a 0.31-acre parcel, and the 1.15-
acre Bracketts Crossing Park - all adjacent to the Plat; and
WHEREAS, the City parcels include a wetland being monitored through the County’s
Wetland Health Evaluation Program; and
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WHEREAS, Kenneth D. Olson, 8654 Aberdeen Trail, Northfield, MN 55057 (referred to
in this Agreement as “Olson”), owns eighteen individual undeveloped parcels, totaling
5.17 acres, within the Plat, as generally depicted in the attached Exhibit A; and
WHEREAS, Harry and Merrilyn Villella, 1910 Walnut Avenue, St. Paul, MN 55113
(referred to in this Agreement as “Villella”), own nine individual undeveloped parcels,
totaling 1.8 acres, within the Plat, as generally depicted in the attached Exhibit A; and
WHEREAS, Olson approached the City, County and the Minnesota Department of
Natural Resources about interest in acquiring his parcels located within the Plat for the
purpose of protecting wildlife habitat; and
WHEREAS, Olson has agreed to sell his eighteen parcels for $31,650 or $3,850 less
than the collective assessed market value for all parcels; and
WHEREAS, the County approached Villella about their interest in selling their nine
parcels located within the Plat and Villella has agreed to sell their parcels for $14,000 or
$2,000 more than the collective assessed market value of all nine parcels; and
WHEREAS, the City and County are mutually interested in acquiring the eighteen Olson
parcels and the nine Villella parcels to protect upland and aquatic habitat, enhance the
water quality of Orchard Lake and to consolidate land ownership for natural resource
management and passive recreational use; and
WHEREAS, the assemblage of the existing State tax-forfeited, City-owned, Olson and
Villella parcels and unused dedicated right-of way creates a contiguous 28.9-acre
undeveloped area, as generally depicted in the attached Exhibit B, and that the City
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agrees to designate as the Orchard Lake Conservation Area (referred to in the
Agreement as the “Conservation Area”) upon final acquisition of all of the foregoing
parcels, to protect upland and aquatic habitat, enhance the water quality of Orchard
Lake and to consolidate land ownership for natural resource management and passive
recreational use.
NOW, THEREFORE, it is agreed that the City and County will jointly participate in the
acquisition of the undeveloped Olson and Villella parcels located within the Plat and
development of a Natural Resource Management Plan (referred to in this Agreement as
the “NRMP”) for the Conservation Area which includes the aforementioned City-owned
parcels and unused dedicated right-of way, State tax-forfeited parcels conveyed to the
City and the Olson and Villella parcels (if acquired); as described by the following
sections:
1. Acquisition of the Olson Parcels
The City will draft and execute a purchase agreement with Olson that includes
the following components:
A. Parcel Acquisition:
The City will acquire the following eighteen parcels from Olson:
22-46901-07-080, 22-46901-07-090, 22-46901-07-140, 22-46901-07-150,
22-46901-07-170, 22-46901-08-130, 22-46901-08-210, 22-46901-10-030,
22-46901-10-090, 22-46901-10-100, 22-46901-10-110, 22-46901-11-100,
22-46901-11-130, 22-46901-11-220, 22-46901-11-250, 22-46901-12-160,
22-46901-13-090, 22-46901-13-130.
B. Purchase Price
The City has negotiated a purchase price of $31,650 for the eighteen Olson
parcels.
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C. Due Diligence
Pursuant to the City’s request, the County completed an Environmental
Assessment of the eighteen Olson parcels and shared the results with the
City.
D. Cost Share
The City and the County will each be responsible for 50 percent of the Olson
property acquisition and settlement costs, including title work and legal fees.
2. Acquisition of the Villella Parcels
The City will draft and execute a purchase agreement with Villella that includes
the following components:
A. Parcel Acquisition
The City will acquire the following nine parcels from Villella:
22-46901-07-130, 22-46901-07-210, 22-46901-09-020, 22-46901-09-030,
22-46901-09-140, 22-46901-09-160, 22-46901-11-030, 22-46901-11-240,
22-46901-11-260.
B. Purchase Price
The County has negotiated a purchase price of $14,000 for the nine Villella
parcels.
C. Due Diligence
Pursuant to the City’s request, the County completed an Environmental
Assessment of the nine Villella parcels and shared the results with the City.
D. Cost Share
The City and the County will each be responsible for 50 percent of the Villella
property acquisition and settlement costs, including title work and legal fees.
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3. Natural Resource Management
The County and City will jointly develop a NRMP for the Conservation Area, as
generally depicted in the attached Exhibit B, following acquisition of the Olson
and Villella parcels by the City and the transfer of existing State tax-forfeited
parcels to the City.
A. A preliminary NRMP in template form with the following information will be
provided by the County: Executive Summary (partial); purpose of the NRMP;
landscape context; historic and existing land use; adjacent land use; rare
features; physical conditions (geology, aquifer sensitivity, soils, topography,
and hydrology); vegetation (historic and ecological communities); land
management (general restoration process and goals); and wildlife (historic).
B. The City will provide the following information to the County for review and
inclusion in the preliminary NRMP: a plant community assessment of the
Conservation Area using land cover mapping and site visits; describe existing
noxious and/or invasive species; provide recommended vegetation
community targets, natural resource management priorities; estimated costs;
information on existing wildlife; and completion of the Executive Summary.
C. The City and the County will jointly approve a final NRMP. The final NRMP
will include a five–year natural resource management work plan that will be
the basis for a future agreement between the City and the County for
implementing the NRMP.
4. Agreement and Restrictive Covenant
The City and the County agree that each will execute, and the City agrees that it
will cause to be recorded at its own expense contemporaneous with the
acquisitions of the eighteen Olson parcels and the nine Villella parcels, an
agreement and restrictive covenant for each parcel in which an interest is
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acquired in whole or in part using County funds or County reimbursement of
funds. It is the purpose of the agreement and restrictive covenant to limit the
right of the City to convey or encumber land acquired with County funds without
the consent of the County and to ensure that the lands are maintained in
compliance with the NRMP and devoted to conservation and passive recreational
use by the public. The reimbursement of funds by the County to the City, as
described in Paragraph 5 below, is contingent upon the County first receiving a
copy of the recorded agreement and restrictive covenant and deed for the
subject parcels.
5. Payment
The City will act as the paying agent for the costs of acquiring the eighteen Olson
parcels and the nine Villella parcels. The City, in turn, will invoice the County for
the County’s share of the costs. Upon presentation of an itemized claim by the
City to the County, together with a copy of the recorded deed and agreement and
restrictive covenant for the subject parcels by the City to the County, the County
shall reimburse the City for its share of the costs incurred under this Agreement
within 45 days from the presentation of the claim, subject to the availability of
funds in the Land Conservation Capital Improvement Program budget. If any
portion of an itemized claim is questioned by the County, the remainder of the
claim shall be promptly paid, and accompanied by a written explanation of the
amounts in question. Payment of any amounts in dispute will be made following
good faith negotiation and documentation of actual costs incurred in carrying out
the work.
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6. Acknowledgement
The City shall appropriately acknowledge the funding assistance provided by the
County pursuant to this Agreement in any promotional materials, signage,
reports, publications, notices, and presentations concerning the Conservation
Area.
7. Authorized Representatives
The following named persons are designated the authorized representatives of
the parties for purposes of this Agreement. These persons have authority to
administer this Agreement, except that the authorized representative shall have
only the authority specifically or generally granted by their respective governing
board or council. Notice required to be provided pursuant to this Agreement shall
be provided to the following named persons and addresses unless otherwise
stated in this Agreement, or in a modification of this Agreement:
TO THE COUNTY: Steven C. Mielke, Director
Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
TO THE CITY: Justin Miller, City Administrator
20195 Holyoke Avenue
Lakeville, MN 55044
8. Amendments
Any amendments to this Agreement will be effective only after approval by both
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governing bodies and execution of a written amendment document by duly
authorized officials of each body.
9. Termination
Either party may terminate this Agreement by giving thirty (30) days’ written
notice of its intent to terminate to the other party. Notice of Termination shall be
made by certified mail or personal delivery to the authorized representative of the
other party. Termination of this Agreement shall not discharge any liability,
responsibility or right of any party, which arises from the performance of or failure
to adequately perform the terms of this Agreement prior to the effective date of
termination, including the obligation to share costs agreed to prior to the effective
date of termination.
10. Effective Date
This Agreement will be effective upon execution by duly authorized officials of
each governing body and shall continue in effect until all work to be carried out in
accordance with this Agreement has been completed.
11. Indemnification
The County agrees to defend, indemnify, and hold harmless the City against any
and all claims, liability, loss, damage, or expense arising under the provisions of
this Agreement and caused by or resulting from negligent acts or omissions of
the County and/or those of County employees or agents. The City agrees to
defend, indemnify, and hold harmless the County against any and all claims,
liability, loss, damage, or expense arising under the provisions of this Agreement
for which the City is responsible and caused by or resulting from negligent acts or
omissions of the City and/or those of City employees or agents, if applicable. All
parties to this Agreement recognize that liability for any claims arising under this
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Agreement are subject to the provisions of the Minnesota Municipal Tort Claims
Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed
against either party, nothing in this Agreement shall be construed to allow a
claimant to obtain separate judgments or separate liability caps from the
individual parties.
12. Independent Contractor Status
Nothing in this Agreement is intended to or should be construed as creating the
relationship of a partnership, joint venture or employer-employee relationship
between the parties. Officers, employees or agents of one party shall not be
considered officers, employers or agents of the other party, in connection with
activities performed pursuant to this Agreement.
13. Audits
Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the City and the County
relevant to the Agreement are subject to examination by the County or the City
and either the Legislative Auditor or the State Auditor as appropriate. The City
and County agree to maintain these records for a period of six years from the
date of performance of all services covered under this Agreement.
14. Integration and Continuing Effect
The entire and integrated agreement of the parties contained in this Agreement
shall supersede all prior negotiations, representations or agreements between
the City and the County regarding the property acquisitions and natural resource
management; whether written or oral.
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IN WITNESS THEREOF, the parties have caused this Agreement to be executed by
their duly authorized officials.
CITY OF LAKEVILLE
RECOMMENDED FOR APPROVAL:
By
Justin Miller, City Administrator Mayor
Date
(SEAL)
By
City Clerk
Date
DAKOTA COUNTY
Steven C. Mielke, Director
Physical Development Division
Date
APPROVED AS TO FORM:
Assistant County Attorney
KS-16-___ JPA Lakeville Orchard Lake Conservation Area 9-27-15
Approved by County Board
Resolution No. 16-____
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Exhibit A
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Exhibit B