DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
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Authorization To Execute First Amendment To Joint Powers Agreement With Scott County For Design And Construction Of Regional Household Hazardous Waste Collection And Recycling Facility And Amend Project Budget
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RESOLUTION
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WHEREAS, by Resolution No. 25-456 (September 23, 2025), the Dakota County Solid Waste Master Plan (Plan) was adopted; and
WHEREAS, the Plan supports the Dakota County Board of Commissioners’ desire to remove household hazardous waste (HHW) from the solid waste stream because of health, safety, and environmental concerns; and
WHEREAS, Dakota and Scott Counties have partnered to build the Dakota-Scott Regional HHW and Recycling Facility, known as the Recycling Zone Plus, that will accept HHW and traditional and non-traditional recyclables and therefore increase proper management of solid waste and increase recycling in both counties and prolong the life of the two current facilities by stabilizing growth at those sites with the addition of a second facility; and
WHEREAS, by Resolution No. 24-055 (January 23, 2024), the Dakota County Board approved the joint powers agreement (JPA) with Scott County for design and construction of the Dakota-Scott Regional HHW and Recycling Facility, which Dakota County and Scott County executed on February 1, 2024; and
WHEREAS, by Resolution No. 21-419 (August 24, 2021), the Dakota County Board authorized submittal of the Minnesota Pollution Control Agency’s (MPCA) Solid Waste Capital Assistance Program Application for a $2 million 2020 bonding award for Phase I (property acquisition); and
WHEREAS, by Resolution No. 25-388 (August 26, 2025), the Dakota County Board authorized submittal of the second MPCA Solid Waste Capital Assistance Program Application for another $6 million 2025 bonding award for Phase II (facility construction); and
WHEREAS, the State of Minnesota awarded $2 million in bond funds in 2020 for Phase I and $6 million in 2025 for Phase II; and
WHEREAS, an amendment (first) to the JPA is needed to account for changes to the estimated project cost, state funding actually awarded, and maximum contributions, address contributions for initial fleet acquisition costs, and extend the initial term of the JPA to December 31, 2036; and
WHEREAS, the first amendment to the JPA shall:
(A) Amend the initial term of the JPA to expire on December 31, 2036.
(B) Amend the estimated project total cost to $21,150,000 based on project bids received.
(C) Amend the state bonding fund contribution to reflect the $6 million awarded.
(D) Amend each county’s maximum contribution towards the project costs based on the updated estimated project costs ($21,150,000) and state funding awards (totaling $8,000,000):
(1) Dakota County’s maximum contribution towards the project costs shall be $9,731,000 (74% of the remaining project costs after application of the state funding), and
(2) Scott County’s maximum contribution towards the project costs shall be $3,419,000 (26% of the remaining project costs after application of the state funding).
(E) Add a provision addressing initial contributions of Dakota County and Scott County towards the initial fleet acquisition cost for large equipment estimated at $316,000, with Scott County’s contribution not exceeding $82,160 (26% of the estimated cost).
(F) Amend Scott County’s annual contribution (26% of its share) to the capital replacement and maintenance budget, which now also includes fleet and facility equipment replacement costs, to $97,518.61annually.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Manager to execute the first amendment to the joint powers agreement between Dakota County and Scott County for the Dakota-Scott Regional Household Hazardous Waste Collection and Recycling Facility, amending the initial term, estimated project cost, actual state bonding awarded, the counties’ maximum contributions, and Scott County’s annual contribution for capital replacement (including fleet and facility equipment) and maintenance budget and adding a provision addressing initial fleet acquisition as set forth herein, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the 2026 Facilities Capital Improvement Program is hereby amended as follows:
Expense
Recycling Zone Plus ($3,749,136)
Total Expense ($3,749,136)
Revenue
2025 State Bonding ($2,000,000)
Env. Legacy Fund ($3,168,136)
Scott County $1,419,000
Total Revenue ($3,749,136)
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