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Home My WebLink AboutResolution 2017 (10) Resolution No. 10 (2017) � , ��, . UNTY RESOLUTION TO TRANSFER ST. CROIX RIVERWAY "� r��," � MITIGATION FUNDS FROM WISCONSIN DNR TO ST. CROIX - 1 , COUNTY 1 WHEREAS, St. Croix County entered into a Cooperative Agreement for Riverway 2 Mitigation as part of the St. Croix River Crossing Project with the Minnesota Department of 3 Transportation, MN/DOT Agreement No. 95705 on April 19, 2012, and per the agreement, St. 4 Croix County received $2.0 million for mitigation to blufflands to provide replacement lands that 5 offset the impacts of a new crossing on the Wisconsin bluff and provide land and water 6 conservation, scenic protection and low-impact public recreation; and 7 8 WHEREAS, the Wisconsin Department of Natural Resources was awarded $2.0 million 9 under Agreement No. 95704, to use for protection of replacement lands to offset the impact on 10 the natural scenic beauty and the environment associated with the St. Croix Crossing project; and 11 12 WHEREAS, the Wisconsin Department of Natural Resources agrees to transfer the 13 remaining $1.8 million left from the original $2.0 million under Agreement No. 95704, to St. 14 Croix County's SCRCP Mitigation Funds revenue account 48920; and 15 16 WHEREAS, St. Croix County agrees to expend the remaining $1.8 million left from the 17 funds awarded to the Wisconsin Department of Natural Resources to acquire land that meets the 18 stated conditions, goals and objectives of Agreement No. 95704; and 19 20 WHEREAS, St. Croix County agrees to continue to consult with the Town of St. Joseph 21 and also agrees to seek concurrence from the Wisconsin Department of Natural Resources (Real 22 Estate Team headed by WisDNR Regional Director Dan Baumann) on the targeted land parcel(s) 23 and the proposed management of such land by St. Croix County or the Town of St. Joseph prior 24 to expenditure of these funds and acquisition of parcels; and 25 26 WHEREAS, St. Croix agrees to provide quarterly progress reports of the expenditures to 27 the Wisconsin Department of Natural Resources until the contract expires as described in 28 Agreement No. 95704, or when all obligations have been satisfactorily fulfilled, whichever 29 occurs first. 30 31 THEREFORE, be it resolved that the St. Croix County Board of Supervisors does accept 32 the contract terms and transfer of funds in the sum of$1.8 million from the Wisconsin 33 Department of Natural Resources to St. Croix County. 34 35 FURTHER, be it resolved that the St. Croix County Board of Supervisors does authorize 36 the County Administrator to sign the contract described above and as attached Exhibit "A". Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: The fiscal impact will involve improvements to support low-impact recreation and public access and ongoing operational costs to provide access, and operations at a future park facility. r 15�co-irr. Cox, Corpora oN 'ouiel 316/201.7 �ry M � 000�l k(be 11 lvlit et, 1~rr�at"cc Hector 311_ '201'7 All I t'M��rcN�'t`�eaKat�rxo�n,C oun y Ad III i n is mmator 3x`117/2017 03/23/17 Community Development Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Tom Coulter, Supervisor SECONDER: Daniel Hansen, Vice Chair AYES: Coulter, Bergren, Ring, Berke, Hansen EXCUSED: Dick Hesselink Vote Confirmation. 44v Ag 7 e C.ir79, Su,pe�visor ., 3/24/2017 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Agnes Ring, Supervisor SECONDER: Christopher Babbitt, Supervisor AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Long, Bergren, Nelson, Berke, Ostness, Larson, Hansen, Kiesler, Brinkman, Anderson, Achterhof, Leibfried, Peavey ABSENT: David Peterson This Resolution was Adopted by the St. Croix County Board of Supervisors on April 4, 2017 Cindy Campbell, County Clerk Agreement to Transfer funds Between Wisconsin Department of Natural Resources and St. Croix County Background: As part of the construction of a new crossing over the St. Croix River between the City of Oak Park Heights in Washington County, Minnesota, and the Town of St.Joseph, in St. Croix County, Wisconsin, the Minnesota Department of Transportation (MnDOT) and the Wisconsin Department of Natural Resources (WisDNR) entered into a Cooperative Agreement#95704for River way Mitigation, commonly referred to as the Memorandum of Understanding for Riverway Mitigation (Bluffland Protection). (Hereinafter referred to as Agr. #95704). Agr. #95704 includes 11 specific mitigation activities, including Section 9b which allocates$2 million for Land Protection Funds for WisDNR use for protection of replacement lands to offset Project impacts to the Wisconsin bluff. "Protected lands will be used for land and water conservation and compatible recreation uses." Section 9b also allocates$2.5 million for Land Protection Funds for local government use, which identifies$2 million for use by St. Croix County and $0.5 million by the Town of St.Joseph for land protection. Protection could include the purchase of fee title, the purchase or transfer of development rights or the purchase of conservation easements from willing sellers of land located in St. Croix County, Wisconsin. Protected lands would be perpetually maintained for land and water conservation purposes, scenic protection and other compatible uses, including low-impact public recreation. Process: Prior to expending the funds for the protection of specific land parcels, St. Croix County and the Town of St.Joseph are required to consult with and seek concurrence from the WisDNR on the targeted land parcel(s) and the proposed management of such land by St. Croix County or the Town of St.Joseph. It is the intent of all parties to this agreement that the WisDNR will use its$2 million for its own land protection efforts within the Riverway Basin as would St. Croix County and the Town of St.Joseph. The MOU encourages WisDNR, St. Croix County and the Town of St.Joseph to work in cooperation and to apply for eligible matching grant funds in order to maximize the use of the mitigation funds provided. The Agr. #95704 was signed in 2012 with funding disbursed by MnDOT in June of 2013. Since then the WisDNR has secured offers to purchase, or acquired parcels of land for approximately$200,000. St. Croix County has acquired 3 parcels of land for approximately$1.13 million. The Town of St.Joseph has not acquired any land. Several attempts were made to work together to acquire larger parcels.These failed when the property owners decided not to sell. Status: Since 2013, the State of Wisconsin has had limited success in utilizing these funds under the current acquisition guidance the Department of Natural Resources must follow to acquire land. As such the WisDNR, which entered into the MOU with the intent of accomplishing land protection, specifically the protection of replacement lands to offset the impacts of a new crossing on the Wisconsin bluff, will execute this agreement to partner with St. Croix County and the Town of St.Joseph on the acquisition of land parcels that meet the goals and objectives of the Agr. #95704. Contract Terms: WisDNR agrees to transfer the remaining $1.8 million of the$2.0 million awarded under Agr. #95704 to St. Croix County's SCRCP Mitigation Funds revenue account 48920. St. Croix County agrees to expend the remaining $1.8 million left from the funds awarded to the WisDNR to acquire land that meets the stated conditions, goals and objectives of Agr. #95704. Quarterly progress reports of the expenditures will be provided by St. Croix County to WisDNR. St. Croix County agrees to continue to consult with the Town of St.Joseph and also agrees to seek concurrence from the WisDNR (Real Estate Team headed by WisDNR Regional Director Dan Baumann) on the targeted land parcel(s) and the proposed management of such land by St. Croix County or the Town of St.Joseph prior to expenditure of these funds and acquisition of parcels. This contract will expire as described in Agr. #95704, or when all obligations have been satisfactorily fulfilled, whichever occurs first. St. Croix County agrees to continue to follow its existing process requiring review and approval by the St. Croix County Board of Supervisors prior to expenditure of these funds and acquisition of parcels as allowed by Agr. #95704. St. Croix County agrees the acquired parcels would be protected lands,through deed restriction, that would be perpetually maintained for land and water conservation purposes, scenic protection and other compatible uses, including low-impact public recreation. St. Croix County agrees either St. Croix County or the Town of St.Joseph will own, develop, and manage any lands acquired with the mitigation funds provided by WisDNR. The WisDNR will not own or manage any land(s) acquired by these funds. Wisconsin Department of Natural Resources St. Croix County By: By: Dan Baumann Patrick Thompson Regional Director County Administrator Date: Date: