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CITY OF PEQUOT LAKES,MINNESOTA CITY COUNCIL RESOLUTION 15-15 A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PEQUOT LAKES, MINNESOTA, APPROVING A JOINT POWERS AGREEMENT WITH MNDOT FOR WASTEWATER SPRAY IRRIGATION MITIGATION AND THE ACQUSITION OF CERTAIN REAL PROPERTY FROM MNDOT,AND DISPENSING WITH REVIEW OF THE ACQUSITION BY THE CITY OF SAID REAL PROPERTY BY THE PEQUOT LAKES PLANNING COMMISSION WHEREAS,the State of Minnesota through its Department of Transportation ("MnDOT" or"State")has submitted a proposed Joint Powers Agreement("JPA")to the City of Pequot Lakes ("City") for approval, which Agreement is attached hereto as Exhibit A; and WHEREAS,the State and City have determined that the JPA is necessary as a result of the construction of the Highway 371 Expansion Project under SP 1810-92, ("Project"), which includes an easterly bypass of the City; and WHEREAS,the proposed alignment of the Project bisects the City's wastewater spray irrigation system ("System"); and WHEREAS,the acceleration of the Project by MnDOT has negated the City's ability to pay for the relocation, reconstruction, or other mitigation measures necessary to maintain the function and capacity of the System; and WHEREAS,the City has requested State participation, and the State has agreed to participate in the cost of mitigation measures to the System due to the acceleration of the Project by the State as provided in the JPA; and WHEREAS, the State's participation as described above and in the JPA includes a cash payment to the City for relocation or reconstruction as well as the conveyance of certain State- owned excess real property, Parcel 246 and part of Parcel 6, as legally described in the JPA, and collectively referred to hereinafter as the "Property"; and WHEREAS, the State has agreed that it will convey the Property as described in the JPA to the City, at no cost or expense to the City, in fee simple estate by quitclaim deed; and WHEREAS,the acquisition of the Property is contingent upon approval by the City Council of the City of Pequot Lakes; and WHEREAS, Minnesota Statutes, Section 462.356, subdivision 2 states that no publicly owned interest in real property within a city shall be acquired or disposed of until after the planning commission has reviewed the proposed acquisition or disposal and reported in writing to the city council its findings as to compliance of the proposed acquisition or disposal with the comprehensive plan; and 1