DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
title
Authorization To Amend Joint Powers Agreement With City Of Lakeville To Operate Residential Food Scraps Drop-Off Site
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PURPOSE/ACTION REQUESTED
Authorize execution of a joint powers agreement (JPA) amendment with the City of Lakeville for continued operations of the residential food scraps drop-off site located at the Lakeville Water Treatment Facility (Attachment: First Amendment to JPA).
SUMMARY
Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. § 115A.551). By Resolution No. 18-493 (September 18, 2018), the Dakota County Board of Commissioners (County Board) adopted the 2018---2038 Solid Waste Master Plan (County Waste Plan). The County Waste Plan includes a strategy to expand opportunities for residential food scraps recovery and a tactic to co-develop and provide assistance for residential food scraps drop-off sites (formally known as organics drop-off sites) with municipalities until curbside organics collection is widely available. By Resolution No. 24-514 (October 29, 2024), the County Board approved submittal of a revised draft County Waste Plan (2024---2044) to the Minnesota Pollution Control Agency for their approval. The draft plan includes a tactic for continued collaboration and assistance for residential food scraps drop-off sites with municipalities. The plan also includes a strategy for curbside organics collection to be available in suburban areas by 2030.
Dakota County receives Select Committee on Recycling and the Environment (SCORE) funds from the State of Minnesota to implement landfill abatement programs. The County is required to expend a portion of the State funds on organics programming (Minn. Stat. § 115A.557). Since 2016, using allocated SCORE funds, residential food scraps drop-off sites have been successfully implemented at 11 locations in the county with over 11,500 registered households.
Dakota County and the City of Lakeville executed a JPA in 2019 for a six-year term to construct and operate a residential food scraps drop-off site at the Lakeville Water Treatment Facility, 18400 Ipava Avenue, Lakeville. The JPA provided reimbursement to the City of Lakeville for drop-site enclosure construction and provides recurring compostable bag costs, organics hauling, and tip fees. The JPA expires December 31, 2025. The Environmental Resources Department and the City of Lakeville have expressed mutual interest in amending the JPA for continued operations for an additional five-year term (2026-2030).
An amendment to the JPA is necessary to account for continued reoccurring operational costs during the proposed term. Amending the JPA requires County Board approval. The existing JPA budget for reimbursement to the City of Lakeville was $97,000 over the six-year term. The proposed $73,000 JPA amendment will increase the budget to $170,000 over the 11-year term of 2019-2030 (Attachment: Allocated JPA Funding).
RECOMMENDATION
recommendation
Staff recommends executing a budget and term amendment to the JPA with the City of Lakeville in the amount of $73,000, for a maximum budget of $170,000 over the 11-year term, for continued operations of the residential food scraps drop-off site at the Lakeville Water Treatment Facility.
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EXPLANATION OF FISCAL/FTE IMPACTS
Dakota County’s total share of the cost of the JPA with the amendment is projected to be $170,000. The Environmental Resources Operating Budget includes funds to provide the County’s food scraps drop-off program using State SCORE funding.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and
WHEREAS, Dakota County and the City of Lakeville are governmental units as that term is defined in Minn. Stat. § 471.59; and
WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. § 115A.551); and
WHEREAS, by Resolution No. 18-493 (September 18, 2018), the Dakota County Board of Commissioners (County Board) adopted the 2018-2038 Solid Waste Master Plan (County Waste Plan); and
WHEREAS, the County Waste Plan includes a tactic to co-develop and provide assistance for residential food scraps drop-off sites with municipalities until curbside organics collection is widely available; and
WHEREAS, by Resolution No. 24-514 (October 29, 2024), the County Board approved submittal of a revised draft 2024-2044 County Waste Plan to the Minnesota Pollution Control Agency for their review; and
WHEREAS, the draft County Waste Plan includes a strategy for curbside organics collection to be available in suburban areas by 2030; and
WHEREAS, the draft County Waste Plan includes a tactic for continued collaboration and assistance for residential food scraps drop-off sites with municipalities; and
WHEREAS, the County receives Select Committee on Recycling and the Environment (SCORE) funds from the State of Minnesota to implement landfill abatement programs; and
WHEREAS, Minn. Stat. § 115A.557 requires the County to use a portion of the State SCORE funds on organics programming; and
WHEREAS, State-allocated SCORE funds are used for residential food scraps drop-off sites at 11 locations in the County; and
WHEREAS, by Resolution No. 19-576 (June 18, 2019), Dakota County and the City of Lakeville executed a joint powers agreement (JPA) to construct and operate a residential food scraps drop-off site (formally known as organics drop-off site) until December 31, 2025; and
WHEREAS, due to several factors, including initial JPA term limits and continued operational costs, an amended JPA is necessary to continue operations; and
WHEREAS, the original JPA with the City of Lakeville was signed for $97,000; and
WHEREAS, the proposed amendment to the JPA in the amount of $73,000 requires County Board approval and will bring the amended JPA maximum to a total of $170,00 over the 11-year term (2019-2030); and
WHEREAS, staff recommends executing an amendment to the existing JPA with the City of Lakeville for continued operations at the residential food scraps drop-off site through December 31, 2030, for a maximum amount of $170,000; and
WHEREAS, the Environmental Resources Operating Budget includes funds to provide the County’s food scraps drop-off program using State SCORE funds.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners herby authorize the Physical Development Director to execute a joint powers agreement amendment with the City of Lakeville for residential food scraps drop-site operations through December 31, 2030, in an amount not to exceed $170,000 for the total joint powers agreement, subject to the approval of the County Attorney’s Office to form.
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PREVIOUS BOARD ACTION
19-576; 06/18/19
18-493; 09/18/18
24-514; 10/29/24
ATTACHMENTS
Attachment: First Amendment to JPA
Attachment: Allocated JPA Funding
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: Nikki Stewart
Author: Renee Burman