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File #: DC-4438    Version: 1
Type: Consent Action Status: Agenda Ready
File created: 3/25/2025 In control: Board of Commissioners
On agenda: 11/18/2025 Final action:
Enactment date: Resolution #:
Title: Authorization For Second Amendment To Joint Powers Agreement With City Of Mendota Heights To Operate Residential Food Scraps Drop-Off Site
Sponsors: Environmental Resources
Attachments: 1. Second Amendment to JPA, 2. Allocated JPA Funding
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Environmental Resources

FILE TYPE: Consent Action

 

TITLE

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Authorization For Second Amendment To Joint Powers Agreement With City Of Mendota Heights To Operate Residential Food Scraps Drop-Off Site

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PURPOSE/ACTION REQUESTED

Authorize execution of a second joint powers agreement (JPA) amendment with the City of Mendota Heights for continued operations of the residential food scraps drop-off site located at Mendakota Park (Attachment: Second Amendment to JPA). 

 

SUMMARY

Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. § 115A.551). By Resolution No. 25-456 (September 23, 2025), the County Board adopted the 2024-2044 Solid Waste Management Plan (Solid Waste Management Plan).  The Solid Waste Management Plan includes a tactic for continued collaboration and assistance with municipalities for residential food scraps drop-off sites. The plan also includes a strategy for residential curbside organics collection to be available in suburban areas by 2030 and a tactic to expand food scrap drop-off sites to areas not served by residential curbside organics collection (e.g., apartments).

 

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 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 11,800 registered households. 

 

Dakota County and the City of Mendota Heights executed a JPA in 2021 for a six-year term to operate a residential food scraps drop-off site at Mendakota Park, 2171 Dodd Road, Mendota Heights.  The JPA provides reimbursements to the City of Mendota Heights for recurring operational costs (compostable bag costs, organics hauling).  A First Amendment to the JPA was approved by the County Board on September 24, 2024, to account for increased costs ($29,000) over the initial agreement period, bringing the total to $57,500. The JPA expires December 31, 2027. 

 

The Environmental Resources Department (Department) and the City of Mendota Heights have expressed mutual interest in amending the JPA for continued operations for an additional three years (2028-2030), making the drop-site available until residential curbside organics is required. The Department will look at a phased approach for future drop-off site needs, balanced with the availability of curbside organics collection to residents.

 

A second amendment to the JPA is necessary to provide funding for an additional three years of reimbursable operational costs, including increased hauler services to address participation growth and for the construction of an enclosure to comply with city code. Over 18 percent of households in Mendota Heights have registered for the drop-off program, which is higher than the countywide sign-up rate of seven percent.  In September 2025, a second collection container was added to the Mendota Heights drop-off site to manage the added food scraps from increased resident participation.

 

Amending the JPA requires County Board approval. The proposed $81,100 will increase the budget to $138,600 over the nine-year term (2021-2030) (Attachment: Allocated JPA Funding).

 

RECOMMENDATION

recommendation

Staff recommends executing a budget and term amendment to the JPA with the City of Mendota Heights in the amount of $81,100, for a maximum amount of $138,600 over the nine-year term (2021-2030), for a dedicated drop-off enclosure and continued operations of the residential food scraps drop-off site at Mendakota Park.

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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 $138,600.  The Environmental Resources Operating Budget, which is included in the Environmental Legacy Fund (ELF), includes budget for the County’s food scraps drop-off program and is funded by SCORE grant funds from the State of Minnesota.

 

  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 party; and

 

Whereas, Dakota County and the City of Mendota Heights 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. 25-456 (September 23, 2025), the County Board adopted the 2024-2044 Dakota County Solid Waste Management Plan (Solid Waste Management Plan); and

 

Whereas, the Solid Waste Management Plan includes a tactic for continued collaboration and assistance with municipalities for residential food scraps drop-off sites; and

 

Whereas, the Solid Waste Management Plan includes a tactic to continue to provide food scrap drop-off sites and expand to areas not served by curbside organics collection (e.g., apartment complexes); and

 

Whereas, the Solid Waste Management Plan includes a strategy for curbside organics collection to be available in suburban areas by 2030; 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-sites at 11 locations in the County; and

 

Whereas, by Resolution No. 21-264 (May 18, 2021), Dakota County and the City of Mendota Heights executed a joint powers agreement (JPA) to operate a residential food scraps drop-off site until December 31, 2027; and

 

Whereas, by Resolution No. 24-457 (September 24, 2024), due to several factors, including increased costs for compostable bags and organics hauling, Dakota County and the City of Mendota Heights amended the JPA; and

 

Whereas, due to several additional factors, including initial JPA term limits and increased operational costs due to continued growth in residential participation levels, a second amendment to the JPA is necessary; and

 

Whereas, the original JPA with the City of Mendota Heights was signed for $28,500; and

 

Whereas, the first amendment to the JPA with the City of Mendota was signed for an additional $29,000, for a JPA maximum total of $57,500; and

 

Whereas, the proposed second amendment to the JPA in the amount of $81,100 requires County Board approval and will bring the amended JPA maximum to a total of $138,600 over the nine-year term (2021-2030); and

 

Whereas, staff recommends executing a second amendment to the existing JPA with the City of Mendota Heights for continued operations at the residential food scraps drop-off site, including for construction of an enclosure, until December 31, 2030, for a maximum total of $138,600; and

 

Whereas, the Environmental Resources Operating Budget includes funds to provide the County’s food scraps drop-off program using State of Minnesota SCORE grant funds.

 

Now, therefore, be it resolved, That the Dakota County Board of Commissioners herby authorizes the Physical Development Director to execute a joint powers agreement amendment with the City of Mendota Heights for residential food scraps drop-site operations through December 31, 2030, in an amount not to exceed $138,600 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

21-264; 8/18/21

24-457; 9/24/24

25-456; 9/23/25

 

ATTACHMENTS

Attachment: Second 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