· 22/01/2019 · Future Board Meetings and Other Board Activities Commissioners Calendar Monitored b y Staf f 1 1/18/2019 11:19 AM January 22, 2019 Tuesday 9:00 AM - 9:00

A G E N D A

Dakota County Board of Commissioners

January 22, 2019 9:00 AM

Boardroom, Administration Center, Government Center, Hastings, MN

1. Call To Order And Roll Call

2. Pledge Of Allegiance

3. Audience

Anyone in the audience wishing to address the County Board on an item not on the agenda or an item on the consent agenda may come forward at this time. Comments are limited to five minutes.

4. Approval Of Agenda (Additions/Corrections/Deletions)

CONSENT AGENDA

5. County Administration - Approval Of Minutes Of Meeting Held On January 8, 2019

6. Items Recommended By Board Committee*

6.1 Library - Authorization For Library To Hold Overdue Fine Amnesty Event

6.2 Transportation - Award Of Bid And Authorization To Execute Contract With Meyer

Contracting Inc. For County Project 26-47 In City Of Inver Grove Heights And Amend Transportation Capital Improvement Program Budget

6.3 Transportation - Authorization To Enter Into Memorandum Of Understanding With City Of

South St. Paul And Minnesota Department Of Transportation For Concord Street

6.4 Operations Management - Parks - Authorization Of Joint Powers Agreement With City Of

Burnsville For Final Design And Acquisition Of Lake Marion Regional Greenway - Sunset Park To Murphy-Hanrehan Regional Park

6.5 Parks, Facilities, And Fleet Management - Direction On Preparation Of Feasibility Study

For Reintroducing Bison To The County Park System

6.6 Social Services - Ratification Of Grant Application To Minnesota Department Of Human

Services For Shelter Bed Services, And Authorization To Execute Grant Agreement, Accept Grant Funds, Amend 2019 Social Services Adopted Budget, And Execute Contract With Frazier Recovery Home LLC

7. County Board/County Administration

7.1 County Board - Designation Of 2019 Official Voting Delegates For Association Of

Minnesota Counties

-1-

January 22, 2019 Page 2

7.2 Employee Relations - Authorization To Renew Contract With SuccessFactors, Inc., For Web-Based Performance Management Subscription Service

8. Community Services

8.1 Community Corrections - Acceptance Of Gift To Community Corrections From Anderson

Family

8.2 Community Corrections - Authorization To Execute Joint Powers Agreement For

Community Corrections Access To Minnesota Department Of Public Safety Criminal Justice Data Communications Network

9. Operations, Management And Budget

9.1 Financial Services – INFORMATION - Report On Invoices Paid In December 2018

10. Physical Development

10.1 Transportation - Authorization To Execute Amendment To Contract With Bolton & Menk,

Inc., For Engineering Services On County Project 50-19 In Lakeville

10.2 Transportation - Authorization To Execute Joint Powers Agreement With City Of

Lakeville And Contract With SRF Consulting Group, Inc., For Design Services For County Project 9-56

REGULAR AGENDA

11. County Board/County Administration

11.1 County Administration - Adoption Of 2019 State Legislative Platform

12. Public Safety

12.1 Sheriff - Acceptance Of Gift To Sheriff’s Office From Family Of Thomas M. Furlong

13. Closed Executive Session

13.1 County Administration - Closed Executive Session: Acquisition Of Parcel 8 And DU 8

(470) For County Project 26-47

14. Interagency Announcements/Reports

Association of Minnesota Counties (AMC) Dakota Broadband Board Legislative Workgroup Metropolitan Emergency Services Board Minnesota Inter-County Association (MICA) Metropolitan Mosquito Control District Commission Minnesota Valley Transit Authority National Association of Counties (NACo) Vermillion River Watershed Joint Powers Board Workforce Development Board/Metropolitan Workforce Council Others

-2-

January 22, 2019 Page 3

15. County Manager's Report

16. Information

16.1 See Attachment A - Future Board Meetings And Other Board Activities

17. Adjournment

* Designates items discussed in Board Committee(s)

For more information, call 651-438-4417. Dakota County Board meeting agendas are available online at

https://www.co.dakota.mn.us/Government/BoardMeetings/Pages/default.aspx

-3-

-4-

Future Board Meetings and Other Board Activities

1 1/18/2019 11:19 AMCommissioners Calendar – Monitored by Staff

January 22, 2019 Tuesday9:00 AM - 9:00 AM Dakota County Board of Commissioners Meeting -- Administration Center, 1590 Highway 55, Boardroom,

Hastings

9:30 AM - 9:30 AM Dakota County Regional Railroad Authority Meeting (or following Board Meeting) -- Administration Center, 1590 Highway 55, Boardroom, Hastings

10:00 AM - 10:00 AM Dakota County Board of Commissioners Annual Strategic Planning Workshop (or following RRA meeting) -- Administration Center, 1590 Highway 55, Conference Room 3A, Hastings

3:15 PM - 3:15 PM Dakota County Community Development Agency Annual and Board Meeting (Annual 3:15/Board 3:30) -- Community Development Agency, 1228 Town Centre Drive, Eagan

January 23, 2019 Wednesday9:15 AM - 9:15 AM Metropolitan Mosquito Control District Executive Committee Meeting -- Metropolitan Counties Government

Center, 2099 University Avenue West, St. Paul

4:30 PM - 4:30 PM Minnesota Valley Transit Authority Board of Directors Meeting -- Burnsville Bus Garage, 11550 Rupp Drive, 2nd Floor Conference Room, Burnsville

January 24, 2019 Thursday1:00 PM - 1:00 PM Vermillion River Watershed Joint Powers Board Meeting -- Dakota County Western Service Center, 14955

Galaxie Avenue, Conference Room 334, Apple Valley

7:00 PM - 7:00 PM Dakota County Planning Commission Meeting -- Western Service Center, 14955 Galaxie Avenue, Conference Room 106, Apple Valley

January 28, 2019 Monday11:30 AM - 11:30 AM Metro Alliance for Healthy Families Governing Board Meeting -- Dakota County Northern Service Center, 1

Mendota Road West, Conference Room 110A, West St. Paul

February 05, 2019 Tuesday9:00 AM - 9:00 AM Dakota County Board of Commissioners Meeting -- Administration Center, 1590 Highway 55, Boardroom,

Hastings

9:30 AM - 9:30 AM Dakota County General Government and Policy Committee of the Whole Meeting (or following Board meeting) --Administration Center, 1590 Highway 55, Conference Room 3A, Hastings

-5-

- Attachment A.pdf

January 8, 2019

STATE OF MINNESOTA ) COUNTY OF DAKOTA ) OFFICE OF COUNTY BOARD )

Call To Order And Roll Call

Commissioner Mike Slavik Commissioner Kathleen A. Gaylord Commissioner Thomas A. Egan Commissioner Joe Atkins Commissioner Liz Workman Commissioner Mary Liz Holberg Commissioner Chris Gerlach Also in attendance were: Matt Smith, County Manager; James Backstrom, County Attorney; Jay Stassen, First Assistant County Attorney; and Jeni Reynolds, Sr. Administrative Coordinator to the Board.

Pledge Of Allegiance With Dakota County Sheriff's Honor Guard

The meeting was called to order at 9:00 a.m. by Chair Kathleen A. Gaylord who welcomed everyone and opened the meeting with the Pledge of Allegiance. The Dakota County Sheriff's Honor Guard presented the colors for the Pledge of Allegiance. Honor Guard members included: Detective Tom Hooper, Detective Sean Qualy, Detective Mike Fendrick, Correctional Corporal Tim Parker, and Deputy Sheriff Brian Smidt.

Administration Of Oath Of Office To County Elected Officials

The Honorable Karen Asphaug, First Judicial District Judge, administered the oath of office to re-elected Commissioner Mike Slavik (District 1), re-elected Commissioner Kathleen A. Gaylord (District 2), re-elected Commissioner Mary Liz Holberg (District 6), re-elected County Sheriff Tim Leslie and re-elected County Attorney James Backstrom. Election Of 2019 Officers 19-001 Election Of 2019 Chair Chair Kathleen A. Gaylord began the election of County Board officers for 2019 by calling for nominations for the office of County Board Chair. Commissioner Mary Liz Holberg placed the name of Commissioner Liz Workman in nomination. The Chair called for additional nominations. No additional names were placed in nomination. Motion: Thomas A. Egan Second: Joe Atkins BE IT RESOLVED, That the Dakota County Board of Commissioners hereby closes nominations and casts a unanimous ballot to elect Commissioner Liz Workman as County Board Chair for 2019. Ayes: 7 Nays: 0 Commissioner Workman assumed the duties of Chair. Chair Workman thanked her colleagues for electing her as Board Chair and highlighted goals for 2019. 19-002 Election Of 2019 Vice-Chair At this time Chair Workman called for nominations for the office of County Board Vice-Chair. Commissioner Gaylord placed the name of Commissioner Mike Slavik in nomination. The Chair called for additional nominations. No additional names were placed in nomination.

-7-

5. - Minutes.doc

January 8, 2019

Motion: Joe Atkins Second: Mary Liz Holberg BE IT RESOLVED, That the Dakota County Board of Commissioners hereby closes nominations and casts a unanimous ballot to elect Commissioner Mike Slavik as County Board Vice-Chair for 2019. Ayes: 7 Nays: 0

Audience

Chair Workman asked if there was anyone in the audience that wished to address the Board on an item not scheduled on the agenda or any item on the consent agenda. The following person came forward: Nick Coe, Burnsville, Minnesota (Representative for Angie Craig) 19-003

Approval Of Agenda (Additions/Corrections/Deletions)

Motion: Kathleen A. Gaylord Second: Chris Gerlach On a motion by Commissioner Kathleen A. Gaylord, seconded by Commissioner Chris Gerlach, the agenda was unanimously approved.

CONSENT AGENDA

Motion: Kathleen A. Gaylord Second: Thomas A. Egan On a motion by Commissioner Kathleen A. Gaylord, seconded by Commissioner Thomas A. Egan, the consent agenda was unanimously approved as follows:

19-004

Approval Of Minutes Of Meeting Held On December 18, 2018

Items Recommended By Board Committee

19-005 Revision Of Tax Increment Financing Policy

WHEREAS, in 1979 the Minnesota State Legislature authorized the Tax Increment Financing (TIF) Act that governs the establishment of tax increment financing and collection of tax increments; and

WHEREAS, the Dakota County Board of Commissioners adopted TIF Policy No. 8002 in 2002 and last revised the policy in 2015; and

WHEREAS, the Dakota County Board of Commissioners recognizes that, with the exception of having the authority to approve or disapprove proposed Dakota County Community Development Agency (CDA) TIF Districts, the County is limited to only making comments on proposed municipal TIF plans and requiring the authority to pay all or a portion of the cost of County road improvement under certain conditions pursuant to Minn. Stat. § 469.175 1a; and

WHEREAS, CDA-County Economic Development Strategy was reaffirmed by the CDA Board of Commissioners on June 20, 2017; and

WHEREAS, the guiding principles laid out in the CDA-County Economic Development Strategy identify that Dakota County will take a collaborative approach to economic development internally and externally, working among County departments and agencies, as well as with cities and other partners. Furthermore, Dakota County

-8-

5. - Minutes.doc

January 8, 2019

may choose to be involved in economic development projects in certain situations; and

WHEREAS, staff recommends changes to the policy statement, updated definitions, and to reflect general procedures used in evaluating TIF plans; and

WHEREAS, staff requests revision of the current policy.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby adopts proposed modifications to Tax Increment Financing Policy 8002, as presented to the General Government and Policy Committee of the Whole on December 18, 2018.

County Board/County Administration

19-006 Adoption Of 2019 County Board Operating Rules And Guidelines

WHEREAS, the Dakota County Board of Commissioners held a Governance Workshop on November 27, 2018 and reviewed the 2018 County Board Operating Rules and Guidelines; and

WHEREAS, the Board of Commissioners discussed amending Section III. J. of the Rules and Guidelines pertaining to out-of-state travel expenses to provide greater travel budget expenditure resources and administrative flexibility.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the 2019 County Board Operating Rules and Guidelines as presented; and

BE IT FURTHER RESOLVED, That these operating rules and guidelines shall be effective on January 8, 2019.

Official County Newspaper And Public Notices

This item was on the agenda for informational purposes only. The official County newspaper is the Hastings Star Gazette and the contract goes through December 31, 2019.

19-007 Designation Of Local Officials For Campaign Finance And Public Disclosure Board Reporting Requirement

WHEREAS, Minnesota Rules 4501.0400, subpts. 1 and 2, require a metropolitan governmental unit (MGU) to determine which positions within the MGU meet the definition of local official as defined in Minn. Stat. § 10A.01, subd. 22; and

WHEREAS, the MGU must provide a list to the Campaign Finance and Public Disclosure Board of the full-time and part-time positions meeting this definition annually.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby designates the following Dakota County positions as local officials in 2019, as defined in Minn. Stat. § 10A.01, subd. 22, for the purpose of reporting to the Campaign Finance and Public Disclosure Board:

Assessing Services Director/County Assessor Financial Services Director Assistant County Engineer Financial Services Deputy Director Budget Manager Capital Projects Management Manager First Assistant County Attorney Chief Deputy County Attorney Fleet Management Manager Chief Deputy Sheriff Information Technology Director Communications Director Library Director Community Corrections Director Operations Management Director Community Services Deputy Director

-9-

5. - Minutes.doc

January 8, 2019

Parks Director Community Services Director Physical Development Director County Attorney Physical Development Deputy Director County Commissioner Property Taxation and Records Director County Manager Public Health Director County Sheriff Public Services and Revenue Director Deputy County Manager Public Services and Revenue Deputy Director Employee Relations Director Service and License Centers Director Employment and Economic Assistance Director Social Services Director Environmental Resources Director Transportation Director/County Engineer Facilities Management Director Veterans Services Director 19-008 Amendment To Policy 1015 Citizen Advisory Committee Membership

WHEREAS, under the modified County Manager form of government Dakota County does not have an statutory obligation to convene a Solid Waste Management Advisory Committee when developing a Solid Waste Master Plan; and

WHEREAS, staff liaisons orient and educate new committee members and new member orientation is no longer offered; and

WHEREAS, the Library Advisory Committee bylaws reflect automatic removal of an appointee occurs when absent for three consecutive regular or special meetings, or 50 percent of the meetings, during any consecutive 12-month period; and

WHEREAS, staff recommends amending Policy No. 1015, Citizen Advisory Committee Membership, to remove all references to the Solid Waste Advisory Committee and new member orientation; and

WHEREAS, staff recommends adding the Library Advisory Committee to the automatic removal section in Policy No. 1015.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby adopts Policy No. 1015, Citizen Advisory Committee Membership as presented to the Dakota County Board of Commissioners on January 8, 2019.

Operations, Management And Budget

19-009 Authorization To Execute Second Contract Amendment For Windows 10 Project Management Consultant

WHEREAS, the computers used by County staff run on Microsoft Windows 7 and Microsoft Office 2010; and

WHEREAS, Microsoft Windows 7 and Microsoft Office 2010 are outdated and need to be upgraded to Microsoft Windows 10 and Microsoft Office 2016; and

WHEREAS, the Information Technology (IT) Department must implement a centralized approach to software management to remediate security vulnerabilities caused by County staff having rights to install software; and

WHEREAS, professional services are required to ensure the migration to Microsoft Windows 10 and Microsoft Office 2016 can be made in an acceptable timeframe with minimum impact to County staff; and

WHEREAS, the amendment extends the contract term three months, ending on March 31, 2019, and increases the cost for services by $44,080; and

WHEREAS, the IT Department has a consulting budget available in 2019 to fund the 2019 portion of the

-10-

5. - Minutes.doc

January 8, 2019

professional services contract amendment from December 31, 2018 to March 31, 2019, totaling $44,080.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Information Technology Director to execute a contract amendment with OnDemand Group for additional technology project management services from December 31, 2018 to March 31, 2019, at a cost of $44,080, for a total contract amount of $176,320, subject to approval by the County Attorney’s office as to form.

Physical Development

19-010 Authorization To Purchase Fleet Vehicles And Equipment

WHEREAS, to provide an efficient, effective, and responsive fleet, replacement of major equipment is programmed in the Fleet Capital Equipment Program (CEP); and

WHEREAS, outdated equipment is replaced in accordance with the Fleet CEP replacement criteria; and

WHEREAS, vehicles and equipment recommended for purchase at this time meet the points replacement criteria; and

WHEREAS, staff has tested, researched, and determined that the recommended vehicles and equipment are the most suitable options; and

WHEREAS, the purchase of the proposed units are necessary to meet service demands, reduce excessive downtime, reduce emissions, and reduce repair costs; and

WHEREAS, Dakota County holds a cooperative purchase agreement with the State that allows the County to purchase from vendors under contract with the State; and

WHEREAS, Dakota County holds a cooperative purchase agreement with Sourcewell (formerly the National Joint Powers Alliance) that allows the County to purchase from vendors under contract with Sourcewell; and

WHEREAS, the cooperative purchasing agreement with the State commonly results in reduced workload and completive pricing, allowing the County to take advantage of the time spent by the State to perform the completive bidding process; and

WHEREAS, the cooperative purchasing agreement with Sourcewell commonly results in reduced workload and competitive pricing, allowing the County to take advantage of the time spent by Sourcewell to perform the competitive bidding process; and

WHEREAS, the specified vehicles and equipment are available for purchase from the State and Sourcewell contract vendors.

NOW, THEREFORE, BE IT RESOLVED, That Dakota County Board of Commissioners hereby authorizes the Parks, Facilities and Fleet Management Director to purchase:

• Four 2020 Freightliner 114SD tandem truck chassis cabs from Boyer Truck Service LLC doing business as Boyer Trucks Superior, for a total amount not to exceed $446,216, pursuant to State Contract T-647(5)

• Four 2019 Towmaster dump bodies with Falls snow equipment from Monroe Towmaster, LLC, for a total amount not to exceed $459,608, pursuant to State Contract T-765(5)

• Four 2019 John Deere 1585 tractors from Deere and Company with the delivering dealer of Frontier Ag and Turf, for a total amount not to exceed $193,917, pursuant to Sourcewell Contract 062117-DAC

19-011 Authorization To Execute Contract For Lebanon Hills Regional Park Site Improvements With Pember Companies, Inc.

-11-

5. - Minutes.doc

January 8, 2019

WHEREAS, the purpose of the Lebanon Hills Regional Park Site Improvements Project (Project) is to address current operations and maintenance issues at the most visited site in the parks system with work to be done around the grounds of the Lebanon Hills Visitor’s Center; and

WHEREAS, the improvements include: 1) replacing failing retaining walls, 2) adding an Americans with Disabilities Act compliant watercraft launch, 3) adding a small outdoor classroom for Parks educational programming. 4) providing a secured year-round watercraft storage structure with stairs, railings, retaining walls with seating, concrete hardscape, stone/wood seating and drainage improvements; and

WHEREAS, these improvements will assure asset preservation, enhance operations and maintenance and increase public access and service quality; and

WHEREAS, the Project was formally advertised and competitive bids were received on December 20, 2018; 45 contractors requested documents, and the following seven bids were received:

Pember Companies, Inc. $337,975 Blackstone Contractors, LLC $344,850 A&M Construction, Inc. $370,800 SM Hentges & Sons, Inc. $443,491 Meisinger Construction Company, Inc. $448,800 Rosti Construction Company of Minnesota, Inc. $586,475 R. J. Ryan Construction, Inc. $603,750

; and

WHEREAS, staff and the consultant have reviewed the qualifications of the low bidder and recommend award to Pember Companies, Inc. as the lowest responsive and responsible bidder in an amount not to exceed $337,975; and

WHEREAS, the 2018 and 2019 Parks Capital Improvement Program Adopted Budget provides adequate funding for the project within the Park Development Enhancements set-aside line item.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Parks, Facilities, and Fleet Management Director to execute a contract for the Lebanon Hills Regional Park Site Improvements Project to Pember Companies, Inc., N4449 469th Street, Menomonie, WI 54751, in an amount not to exceed $337,975, subject to approval by the County Attorney’s office as to form.

19-012 Authorization To Execute Second Amendment To Dakota Communications Center Lease For Facilities Management Office Space

WHEREAS, Facilities Management has established four building service areas to efficiently provide building maintenance service; and

WHEREAS, the southern area is currently served by approximately 600 square feet of office space located within the Dakota Communications Center (DCC); and

WHEREAS, this leased space has proven to work well since 2013; and

WHEREAS, the current lease agreement amendment expired December 31, 2018; and

WHEREAS, Facilities Management and DCC staff have negotiated terms for an extension of the current lease agreement retroactive to January 1, 2019; and

-12-

5. - Minutes.doc

January 8, 2019

WHEREAS, the DCC Board will consider this agreement at their February 21, 2019 meeting; and

WHEREAS, the lease terms remain unchanged from 2018; and

WHEREAS, staff recommends the County Board authorize execution of a second amendment to the lease agreement for Facilities Management office space at the DCC.

NOW, THEREFORE BE IT RESOLVED, That the Dakota County Board of Commissioner’s hereby authorizes the Chair of the Dakota County Board of Commissioner’s to execute a second amendment to the lease agreement with the Dakota Communications Center for approximately 600 square feet of office and storage space in the Dakota Communications Center building at $16 per square foot per year for the period of January 1, 2019 through December 31, 2019 with an option of one three-year extension at the same rate, subject to approval by the County Attorney’s Office as to form.

19-013 Authorization To Execute First Amendment To Contract With McNamara Contracting, Inc., For County Project 86-32 In Castle Rock, Waterford, And Scotia Townships

WHEREAS, to promote a safe and efficient transportation system throughout the county, Dakota County reconstructed the segment of County State Aid Highway (CSAH) 86 from Trunk Highway 3 to CSAH 47 into a two-lane roadway with paved shoulders and turn and bypass lanes; and

WHEREAS, on March 13, 2018 (Resolution No. 18-136), the County Board approved a construction contract with McNamara Contracting, Inc., in the amount of $4,311,898 based on their low bid of $4,241,898 for construction and $70,000 in potential incentives; and

WHEREAS, project construction began in the spring of 2018, and construction is substantially complete; and

WHEREAS, total contract costs including construction and earned incentives have increased by $335,801 or 7.8 percent above the total low bid amount; and

WHEREAS, three major items contributing to the construction cost increases of $443,493 are additional select granular embankment, subgrade excavation, and the installation of drain tile to improve drainage conditions; and

WHEREAS, there were also cost savings on several items in the amount of $82,843 for a final construction cost of $4,602,548; and

WHEREAS, only $45,151 of the potential $70,000 of incentives was earned; and

WHEREAS, staff recommends authorizing execution of an amendment to the contract with McNamara Contracting, Inc., in the amount of $360,650, for additional unanticipated construction work and materials, that when combined with the actual earned incentives of $45,151 will result in a final contract amount of $4,647,699; and

WHEREAS, sufficient funds are available in the 2018 Transportation Capital Improvement Program Adopted Budget for the recommended contract amendment.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a first amendment to the contract with McNamara Contracting, Inc., in the amount of $360,650 for additional unanticipated construction costs, and actual earned incentives of $45,151, resulting in a total contract amount of $4,647,699 for County Project 86-32, subject to approval by the County Attorney’s Office as to form.

19-014 Authorization To Execute Correction To Amend Legal Description Of Partial Release Of Right Of Way With Magellan Pipeline Company, L.P., For County Project 63-25 In Inver Grove Heights

-13-

5. - Minutes.doc

January 8, 2019

WHEREAS, Dakota County is the owner of right of way by plat dedication over Parcel 5E as depicted on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 435 near County State Aid Highway 28 (Argenta Trail) and Trunk Highway 55 intersection; and

WHEREAS, since approximately 1931 to the present date, Magellan Pipeline Company, L.P., and its predecessors in interest have owned and operated pipeline system(s) within Parcel 5E and adjacent to either side of Parcel 5E pursuant to Right of Way Agreement dated April 20, 1931 and filed of record on May 8, 1931 in Book 31, pages 328–329 in the Office of the Registrar of Deeds for Dakota County, Minnesota; and

WHEREAS, Magellan Pipeline Company, L.P.’s, predecessor in interest entered into a Partial Release of right of way dated November 20, 1980 and filed of record on January 16, 1981 as Document No. 574970 (1980 Partial Release) in the office of the County Recorder of Dakota County, Minnesota to define the pipeline easement within the South Delaware Estates subdivision for development of the subdivision; and

WHEREAS, the 1980 Partial Release was incorrectly worded in a way that caused a gap in the pipeline easement across “Argenta Trail - County Road No. 63”, as designated in the South Delaware Estates plat (now designated as part of Parcel 5E); and

WHEREAS, Magellan Pipeline Company, L.P., and Dakota County acknowledge and agree that it is necessary to correct the description of Magellan Pipeline Company, L.P.’s, reserved easement as described in the 1980 Partial Release document by including in the description the reserved 100-foot-wide easement extending over Parcel 5E, so that there will be no gap in the 100-foot-wide pipeline right of way across the land that was included in the plat of South Delaware Estates as legally described in the attached Exhibit A; and

WHEREAS, executing and filing a Correction to Amend Legal Description of Partial Release of right of way to accurately describe Magellan Pipeline Company, L.P.’s, easement will accurately reflect the easement encumbrance on Parcel 5E so the County can proceed with transferring the parcel, together with other parcels identified in Right of Way Map 435, to the City of Inver Grove Heights as authorize by Resolution No. 18-599 (November 27, 2018).

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Chair of the County Board of Commissioner to execute a Correction to Amend Legal Description of Partial Release of right of way covering property described in the attached Exhibit A, subject to approval as to form by the County Attorney’s Office.

19-015 Designation Of County Website As Alternative Method To Official Newspaper For Solicitation Of Bids And Requests For Proposals

WHEREAS, Minn. Stat. § 331A.03, Subd. 3, allows a county to use its website or recognized industry trade journals as an alternative method to disseminate solicitations of bids, requests for information, and requests for proposals rather than newspaper publication; and

WHEREAS, Minn. Stat. § 331A.12, Subd. 2, provides that at the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same manner publication of advertisements for bids for transportation projects on the political subdivision’s website rather than newspaper publication; and

WHEREAS, publication on the website may be used in place of or in addition to any other required form of publication; and

WHEREAS, each year after designating publication on the website for advertisements for bids for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the website, notice that the political subdivision will publish any advertisements for bids for transportation projects on its website; and

-14-

5. - Minutes.doc

January 8, 2019

WHEREAS, due to the changing nature of how contractors receive information regarding projects, it has been determined that advertising on the website will reach more contractors and be more cost effective.

NOW, THEREFORE, BE IT RESOLVED, That from this day forward, Dakota County Departments may use the Dakota County website, https://www.co.dakota.mn.us, as an alternative means to disseminate solicitations of bids, requests for information, and requests for proposals; and

BE IT FURTHER RESOLVED, That for the first six months after this designation of an alternative means of dissemination, the County shall continue to publish solicitations of bids, requests for information, and requests for proposals in the same official newspaper of the County in addition to the alternative method and that the publication in the official newspaper must indicate where to find the designated alternative method; and

BE IT FURTHER RESOLVED, That each year after this designation, the County will publish notice in a qualified newspaper and on the County website that the County will publish advertisements for bids for transportation construction project bids on its website; and

BE IT FURTHER RESOLVED, That any dissemination by alternative means must be in substantially the same format and for the same period of time as a publication would otherwise be required under Minnesota law.

19-016 Approval Of Final Plats Recommended By Plat Commission

WHEREAS, new subdivisions adjoining County highways are reviewed under the Dakota County Contiguous Plat Ordinance No. 108; and

WHEREAS, the Plat Commission examines plats prior to County Board approval; and

WHEREAS, the Plat Commission has reviewed and recommends approval of the final plats by the County Board; and

WHEREAS, the final plat approval by the County Board is subject to the conditions established by the Plat Commission review; and

WHEREAS, the following plats below require approval by their respective City Council prior to the recording of the plats.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the following final plats:

EAGAN SENIOR LIVING Eagan REGISTERED LAND SURVEY NO. 66 Farmington

Public Safety

19-017 Authorization To Accept Funding From High Intensity Drug Trafficking Area For 2019

WHEREAS, Dakota County was one of five Minnesota counties to receive a High Intensity Drug Trafficking Area (HIDTA) designation through the Federal government; and

WHEREAS, funding received through this designation provided for the hiring of one full-time equivalent crime analyst position assigned to the Dakota County Drug Task Force to conduct HIDTA drug trafficking investigations in 2017 and 2018; and

WHEREAS, the Sheriff has been notified that HIDTA funding has been approved for 2019 in the amount of

-15-

5. - Minutes.doc

January 8, 2019

$70,000; and

WHEREAS, the Sheriff wishes to accept this funding as reimbursement for the crime analyst position assigned to the Dakota County Drug Task Force to investigate HIDTA drug trafficking investigations in 2019.

NOW, THEREFORE, BE IT RESOLVED, That the Sheriff is authorized to accept funding in the amount of $70,000 from High Intensity Drug Trafficking Area to fund the crime analyst position at the Dakota County Drug Task Force for the calendar year 2019.

REGULAR AGENDA

County Board/County Administration

19-018 Ratification Of Appointment Of Chairs Of Committees Of The Whole For 2019

Motion: Mary Liz Holberg Second: Mike Slavik

BE IT RESOLVED, That the Dakota County Board of Commissioners hereby ratifies the County Board Chair’s recommendation and appoints the following County Board members to serve as chairs for the Committees of the Whole for 2019:

General Government and Policy Committee of the Whole Chair Gaylord Community Services Committee of the Whole Chair Holberg Physical Development Committee of the Whole Chair Egan

; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby endorses the County Board Chair’s following recommendation for Chair and Vice-Chair of the Dakota County Regional Railroad Authority for 2019, and refers the appointment to the Dakota County Regional Railroad Authority:

Regional Railroad Authority Chair Slavik Regional Railroad Authority Vice-Chair Gerlach

Ayes: 7 Nays: 0

19-019 Appointment Of County Board Members To Boards/Committees/Commissions For 2019

Motion: Kathleen A. Gaylord Second: Mike Slavik

BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints, as recommended by the County Board Chair, County Board members to serve on inter-agency boards, in-County boards, and as liaison commissioners for 2019, as follows:

Inter-Agency Appointments

Association of Minnesota Counties Board of Directors Member Slavik Workman (Alternate)

District X Atkins Workman (Alternate)

General Government Policy Committee Slavik

Environment & Natural Resources Policy Committee Gerlach

-16-

5. - Minutes.doc

January 8, 2019

Health and Human Services Policy Committee Workman

Public Safety Policy Committee Atkins

Transportation and Infrastructure Policy Committee Egan

Cannon River One Watershed One Plan (1W1P) Slavik Dakota Communications Center Board Of Directors Holberg Gerlach (Alternate)

Dakota Broadband Board Atkins Egan(Alternate) Facility Operations Advisory Committee for Thompson Park Centers (*Chair) Egan Gaylord* Atkins

Greater MSP Gaylord Greater Metropolitan Workforce Council Gaylord Gerlach Great River Rail Commission Slavik Atkins (Alternate) I-35W Solutions Alliance Board Workman Holberg (Alternate)

Metro Alliance for Healthy Families Governing Board Holberg Atkins (Alternate)

Metropolitan Emergency Services Board Holberg Slavik (Alternate) Executive Committee Egan Workman (Alternate)

Metropolitan Library Service Agency (MELSA) Board Workman Metropolitan Mosquito Control District Commission Egan Holberg Workman Executive Committee Workman (Chair) Minnesota Inter-County Association (MICA) Board Egan Gaylord

Minnesota Valley Transit Authority Board Gerlach Egan (Alternate)

Regional Solid Waste Hauler Licensing Board Workman

Statewide Emergency Communications Board Workman Executive Workman Legislative (Chair*) Egan Workman*

State Community Health Services Advisory Committee Atkins

Suburban County Work Group on Regional Issues Workman Gerlach Atkins Transportation Advisory Board–Metropolitan Council Gaylord

-17-

5. - Minutes.doc

January 8, 2019

Holberg (Alternate)

Vermillion River Watershed Joint Powers Board Slavik Holberg Gerlach (Alternate)

In-County Appointments

Dakota County Board/Court Policy Committee Egan Holberg

Dakota County Community Development Agency Board All Commissioners

Dakota County Law Library Board (*Chair) Gaylord*

Dakota County Legislative Lead Atkins

Dakota County Legislative Liaison Workman Slavik

Dakota County Regional Railroad Authority All Commissioners Slavik, Chair Gerlach, Vice-Chair Atkins, Secretary/Treasurer

Liaison Commissioner Appointments

Dakota-Scott Workforce Development Board Gerlach

; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Community Development Agency Board for three-year terms ending January 4, 2022:

District 2 Gaylord District 3 Egan

Ayes: 7 Nays: 0

19-020 Appointments To Metropolitan Emergency Services Board Radio Technical Operations Committee And 911 Technical Operations Committee

Motion: Kathleen A. Gaylord Second: Joe Atkins WHEREAS, the Metropolitan Emergency Services Board (MESB) bylaws provide for each member to appoint one representative to the Radio Technical Operations Committee with the option of one alternate; and

WHEREAS, the MESB bylaws also provide for each member to appoint one representatives to the 911 Technical Operations Committee with the option of one alternate; and

WHEREAS, input from the Dakota County Sheriff’s Office, Office of Risk Management, and the Dakota Communications Center Executive Director resulted in the recommendations below.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints the following individuals to the Radio Technical Operations Committee of the Metropolitan Emergency Services Board for 2019:

Representative: Ron Jansen, Radio Systems Coordinator, Office of Risk Management Alternate: B.J. Battig, Dakota County Risk and Homeland Security Manager

-18-

5. - Minutes.doc

January 8, 2019

; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby appoints the following individuals to the 911 Technical Operations Committee of the Metropolitan Emergency Services Board for 2019:

Representative: Cheryl Pritzlaff, Operations Manager, Dakota Communications Center (DCC) Alternate: Tom Folie, Executive Director, Dakota Communications Center (DCC)

Ayes: 7 Nays: 0 19-021 Appointments To Extension Committee

Motion: Mike Slavik Second: Kathleen A. Gaylord BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Extension Committee for a two-year term ending December 31, 2020.

District Name

1 Kelsey Waits

2 VACANT

5 Amber Cameron

6 VACANT

; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby appoints the following youth to the Extension Committee for a one-year term ending August 31, 2019.

District Name

At-large Youth Ainsley Schwerr

At-large Youth VACANT

Ayes: 7 Nays: 0

19-022 Appointments To Library Advisory Committee

Motion: Thomas A. Egan Second: Mary Liz Holberg BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Library Advisory Committee for a two-year term ending December 31, 2020:

District Name

2 VACANT

-19-

5. - Minutes.doc

January 8, 2019

4 Martin Reibert

5 Rien Harms

6 Nergis Petersen

; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby appoints the following youth to the Library Advisory Committee for a one-year term ending December 31, 2019:

At-large Youth Hailie Bogenrief


Ayes: 7 Nays: 0

19-023 Appointment To Personnel Board Of Appeals

Motion: Mary Liz Holberg Second: Kathleen A. Gaylord BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individual to the Personnel Board of Appeals for a three-year term ending December 31, 2021:

District Name

At-large Stephen Fiebiger

Ayes: 7 Nays: 0 19-024 Appointments To Planning Commission

Motion: Mary Liz Holberg Second: Mike Slavik BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Planning Commission for one-year terms ending January 7, 2020:

District Name 1 Michael Greco

1 Jerry Rich 2 Timothy Tabor 2 Lori Hansen 3 Jill Smith 3 Greg Oxley 4 Amy Hunting 4 William Graham

-20-

5. - Minutes.doc

January 8, 2019

5 Ram Singh 5 Christopher Ross 6 Nate Reitz 6 James Guttmann 7 Anthony Nelson 7 Donald Post

Ayes: 7 Nays: 0

19-025 Appointments To Public Art Citizen Advisory Committee

Motion: Thomas A. Egan Second: Mary Liz Holberg BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Public Art Citizen Advisory Committee for a two-year term ending December 31, 2020:

District Name

1 Valerie Mendoza

3 Nicole Watson

4 Cheryl O’Donnell

5 VACANT

7 VACANT

At-large Rachel Quick


At-large Youth VACANT Ayes: 7 Nays: 0

19-026 Appointments To Special Board Of Appeal And Equalization

Motion: Mary Liz Holberg Second: Joe Atkins BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Special Board of Appeal and Equalization for a two-year term ending December 31, 2020:

District Name

2 Morgan Kavanaugh 3 Sally Lorberbaum

-21-

5. - Minutes.doc

January 8, 2019

4 Jill Lewis 7 Gary Shade

Ayes: 7 Nays: 0

19-027 Appointments To Zoning Board Of Adjustment

Motion: Mike Slavik Second: Chris Gerlach BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints/reappoints the following individuals to the Zoning Board of Adjustment for two-year terms ending January 7, 2020:

District Name

At-large Patrick Ramel At-large Ellsworth Stein Alternate Wilma Ruppert

; and

BE IT FURTHER RESOLVED, That staff is hereby directed to forward the name of the Planning Commission chair for 2019, when selected, to the County Board.

Ayes: 7 Nays: 0 Closed Executive Session

19-028 Authorization To Approve Settlement With Randy Thompson And Kathryn M. Thompson (Parcel 36) For County Project 8-21 Acquisition

This item did not go into closed session.

Motion: Thomas A. Egan Second: Kathleen A. Gaylord WHEREAS, to provide a safe and efficient transportation system, Dakota County (County) and the City of West St. Paul are partnering on County Project (CP) 8-21; and WHEREAS, CP 8-21 involves the reconstruction of County State Aid Highway (CSAH) 8 to from CSAH 63 (Delaware Avenue) to Humboldt Avenue in West St. Paul; and WHEREAS, Dakota County is the lead agency for CP 8-21; and WHEREAS, to construct the recommended improvements, Dakota County must acquire certain property rights from Randy Thompson and Kathryn M. Thompson (Landowners) identified in Dakota County Right of Way Map 477 as Parcel 36 and TE 36; and WHEREAS, the County’s appraisal and offer to the Landowners for Parcel 36 and TE 36 was $14,200; and WHEREAS, the Landowners rejected the offer seeking additional damages related to the property; and WHEREAS, the parties in this action have agreed to settle all damages caused by the taking whereby the County

-22-

5. - Minutes.doc

January 8, 2019

will pay the Landowners $36,000, subject to approval by the County Board; and WHEREAS, the County Attorney and Transportation Department staff recommend approval of the settlement agreement as being a fair and equitable settlement of the action in view of the impacts to the property, real estate market data, the time, additional expense and risk involved in continued litigation and belief that the settlement represents an appropriate allocation of the prospects for success if the matter is allowed to proceed to a commissioners’ hearing. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the acquisition of property from Randy Thompson and Kathryn M. Thompson identified in County Project 8-21 as Parcel 36 and TE 36, and legally described above, in the amount of $36,000 as being in the best interest of the County, and authorizes the County Attorney to arrange for final payment of the acquisition amount and to effectuate final settlement of the acquisition between the parties.

Ayes: 7 Nays: 0 19-029 Closed Executive Session: Discussion Of Legal Strategy In Leftwich V. County Of Dakota, Et Al.

Motion: Thomas A. Egan Second: Mary Liz Holberg WHEREAS, Leroy Leftwich, as statutory trustee of the next of kin of Cameron Leftwich, has sued Dakota County, the City of Eagan, and their respective staff for deliberate indifference and negligence in connection with Cameron Leftwich’s suicide at the Dakota County Jail in October 2016; and

WHEREAS, the parties have been ordered to attend a settlement conference with a federal magistrate judge on January 16, 2019; and

WHEREAS, the Dakota County Board of Commissioners seeks legal advice from the County Attorney with respect to litigation strategy, the public disclosure of which would be detrimental to Dakota County’s defense of this matter; and

WHEREAS, pursuant to Minn. Stat. § 13D.05, subd. 3(b), the County Board by resolution may close a meeting as permitted by the attorney-client privilege.

NOW, THEREFORE, BE IT RESOLVED, that the Dakota County Board of Commissioners hereby closes the County Board meeting on January 8, 2019, and recesses to Conference Room 3A, Administration Center, Hastings, Minnesota, to discuss with the County Attorney the legal strategy of defending Dakota County and its staff in the Leftwich v. County of Dakota, et al. lawsuit.

Ayes: 7 Nays: 0 The time being 9:52 a.m. and pursuant to public notice, the County Board convened in Conference Room 3A to hold a Closed Executive Session to discuss the legal strategy of defending Dakota County and its staff in the Leftwich v. County of Dakota, et al. lawsuit. The following were present: Commissioner Mike Slavik, District 1 Commissioner Kathleen A. Gaylord, District 2 Commissioner Thomas A. Egan, District 3 Commissioner Joe Atkins, District 4 Commissioner Liz Workman, District 5 Commissioner Mary Liz Holberg, District 6 Commissioner Chris Gerlach, District 7 Matt Smith, County Manager Jim Backstrom, County Attorney Jay Stassen, First Assistant County Attorney Jeff Timmerman, Assistant County Attorney

-23-

5. - Minutes.doc

January 8, 2019

Jeni Reynolds, Sr. Administrative Coordinator to the Board Joe Leko, Chief Deputy Sheriff Pat Enderlein, Commander Tim Gabriel, Captain Kelly Harder, Community Services Director Jenny Groskopf, Claims Consultant The Closed Executive Session continued until 10:28 a.m., at which time the Board reconvened in the Boardroom with all members present.

Interagency Announcements/Reports

Interagency announcements and reports were then presented.

County Manager's Report

County Manager Matt Smith shared his appreciation of thanks to Commissioner Kathleen A. Gaylord for serving as Board Chair in 2018.

Information

See Attachment A - Future Board Meetings And Other Board Activities

19-030

Adjournment

Motion: Kathleen A. Gaylord Second: Joe Atkins On a motion by Commissioner Kathleen A. Gaylord, seconded by Commissioner Joe Atkins, the meeting was adjourned at 10:36 a.m.

Liz Workman Chair

ATTEST Matt Smith County Manager

-24-

5. - Minutes.doc

Authorization For Library To Hold Overdue Fine Amnesty Event WHEREAS, overdue fines can be a barrier to County residents using the Library; and

WHEREAS, over 23,000 individuals have their library cards blocked due to overdue fines; and

WHEREAS, the Library has Metropolitan Library Service Agency carry over funds to cover the estimated loss of revenue.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Library to hold an overdue fine amnesty event from April 6, through April 13, 2019; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby amends the 2019 Library budget as follows:

Expense Metropolitan Library Service Agency - Carryover ($30,000) Total Expense ($30,000) Revenue Library Fines ($30,000) Total Revenue ($30,000)

-25-

6.1 - Resolution.docx

Award Of Bid And Authorization To Execute Contract With Meyer Contracting Inc. For County Project 26-47 In City Of Inver Grove Heights And Amend Transportation Capital Improvement Program Budget

WHEREAS, to promote a safe and efficient transportation system, Dakota County is partnering with the City of

Inver Grove Heights (City) on County Project (CP) 26-47; and

WHEREAS, CP 26-47 is the conversion of the existing all-way stop intersection of County State Aid Highway 26 (70th Street) and Trunk Highway (TH) 3 (South Robert Trail) to an urban multi-lane roundabout with pedestrian/bike accommodations; and

WHEREAS, Dakota County is the co-lead agency with the Minnesota Department of Transportation (MnDOT) for CP 26-47 with construction scheduled to begin in spring 2019; and

WHEREAS, the County will be the lead agency for the project and will be responsible for completing all right of way acquisition, plans specifications, and technical support; and

WHEREAS, MnDOT will be the lead agency for the construction administration work necessary to complete the project; and

WHEREAS, the 2018 Transportation Capital Improvement Program (CIP) Adopted Budget contains $3,888,000 for CP 26-47, (Federal $2,120,000, County $972,400, and City $795,600) for the project design, right of way acquisition, and construction; and

WHEREAS, during design of CP 26-47, the County was also undertaking preliminary design of CP 26-54 which is the reconstruction of Lone Oak Road/70th Street from a rural two-lane to a four-lane divided highway from TH 55/149 to TH 3; and

WHEREAS, the City recently identified funding for CP 26-54, and the project is now in both the County and City 2019 CIP budgets for construction in 2021; and

WHEREAS, CP 26-47 and CP 26-54 overlap just west of TH 3; and

WHEREAS, to cost-effectively coordinate with the future four-lane section of 70th Street (CP 26-54), additional construction-related work of approximately $1,841,000 has been added to the original CIP construction estimate of $2,650,000 for CP 26-47; and

WHEREAS, the additional construction work includes a change from a rural single-lane to an urban two-lane east-west roundabout, and related storm sewer, to avoid reconstruction of the new roundabout ($832,000), City sanitary sewer and water main ($594,000) at 100 percent City cost, and grading, turf, erosion control, and mobilization for a larger project footprint ($415,000); and

WHEREAS, costs to relocate Magellan pipelines and three right of way parcels ($1,110,000) were added to CP 26-47 to correctly place the pipelines to fit with future lowering of a significant hill west of TH 3 for improved roadway profile and wider four-lane divided highway typical section of CP 26-54 to reduce overall costs of the two projects; and

WHEREAS, the cost for CP 26-54 coordination and additional work result is an increase of $2,951,000 for CP 26-47; and

WHEREAS, Dakota County currently has a sufficient transportation fund balance for the additional costs of the project; and

WHEREAS, pursuant to advertisement, seven bids were received for CP 26-47 on December 11, 2018; and

WHEREAS, the bid of Meyer Contracting Inc. in the amount of $4,506,995.88 was the lowest responsive and responsible bid received; and

-27-


WHEREAS, in accordance with the contract documents, the contractor will be eligible for up to $65,000 for additional costs of incentives met by Meyer Contracting Inc. as specified in the contract documents; and

WHEREAS, a budget amendment is necessary to account for the project costs above the budgeted CIP amount and additional revenue from the City; and

WHEREAS, MnDOT and the City concur in the award of a construction contract to Meyer Contracting Inc. as the lowest responsive and responsible bidder; and

WHEREAS, County staff recommends awarding the bid to Meyer Contracting Inc. in the amount of $4,506,995.88; and

WHEREAS, staff also recommends amending the 2019 Transportation CIP Adopted Budget for CP 26-47 by $2,951,000 to account for additional costs and revenue from the City.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby awards the bid and authorizes the Physical Development Director to execute the contract with Meyer Contracting Inc. for construction of County Project 26-47 in the amount of $4,506,995.88 based on their low bid, subject to approval by the County Attorney’s Office as to form; and

BE IT FURTHER RESOLVED, That the contract amount may be increased by up to $65,000 for additional costs of incentives met by Meyer Contracting Inc. as specified in the contract documents; and

BE IT FURTHER RESOLVED, That the 2019 Transportation Capital Improvement Program Adopted Budget is hereby amended as follows:

Expense County Project 26-47 $2,951,000 Total Expense $2,951,000 Revenue Transportation Fund Balance $1,315,000 City of Inver Grove Heights $1,636,000 Total Revenue $2,951,000

-28-


Authorization To Enter Into Memorandum Of Understanding With City Of South St. Paul And Minnesota Department Of Transportation For Concord Street

WHEREAS, Trunk Highway 156 (Concord Street), from I-494 to Annapolis Street is a Minnesota Department of

Transportation (MnDOT) facility that requires extensive pavement rehabilitation and is on MnDOT’s turnback list;

and

WHEREAS, the City of South St. Paul (City) has requested the County consider assuming jurisdiction of Concord Street from I-494 to County State Aid Highway (CSAH) 14 (Grand Avenue); and

WHEREAS, the Dakota County 2030 Transportation Plan identifies Concord Street as a route to consider for a change from State jurisdiction to County jurisdiction; and

WHEREAS, the City has developed a conceptual plan for improvements to Concord Street that meets County standards between I-494 and CSAH 14; and

WHEREAS, the Dakota County 2030 Transportation Plan also identifies County Road (CR) 6 (Thompson Avenue, 10th Avenue, Central Avenue) in South St. Paul as a route to consider for a change from County to City jurisdiction; and

WHEREAS, the City and MnDOT are partnering to design, acquire right of way for, and construct improvements to Concord Street with construction in 2021; and

WHEREAS, the County and City will participate in a process to determine fair and reasonable terms of a turnback of CR 6 (Thompson Avenue, 10th Avenue, Central Avenue), consistent with the Dakota County 2030 Transportation Plan; and

WHEREAS, a future agreement with the City will be necessary to identify the terms of any future jurisdictional changes; and

WHEREAS, approving a memorandum of understanding between the County and MnDOT and the City would ensure all three agencies are in agreement on the next steps for improvements to Concord Street and for addressing jurisdictional issues related to Concord Street and CR 6.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the

Physical Development Director to execute a memorandum of understanding with the City of South St. Paul and the

Minnesota Department of Transportation to identify next steps for improvements and jurisdictional discussions

related to Concord Street and County Road 6, subject to approval by the County Attorney’s Office as to form.

-29-


Authorization Of Joint Powers Agreement With City Of Burnsville For Final Design And Acquisition Of Lake Marion Regional Greenway - Sunset Park To Murphy-Hanrehan Regional Park

WHEREAS, on August 27, 2013 (Resolution No. 13-441), the Dakota County Board of Commissioners adopted the

Lake Marion Regional Greenway Master Plan; and

WHEREAS, on November 25, 2014 (Resolution No. 14-574), the Dakota County Board of Commissioners approved support for the City of Burnsville grant application to the Transportation Advisory Board; and

WHEREAS, on March 21,2017 (Resolution No. 17-148) Dakota County Board of Commissioners approved a cost share joint powers agreement with the City of Burnsville to complete project feasibility study; and

WHEREAS, the City of Burnsville has secured a contract with WSB & Associates, Inc., for final design and acquisition services; and

WHEREAS, the cost to prepare final design for the Lake Marion Regional Greenway – Sunset Park to Murphy Hanrehan Regional Park segment is $350,000; and

WHEREAS, the City of Burnsville and Dakota County will share equally in the final design costs; and

WHEREAS, Dakota County will provide full funding for project acquisition costs estimated at $186,000; and

WHEREAS, the 2019 Parks Capital Improvement Program Adopted Budget includes a $4,770,000 project budget for design/engineering and construction derived from $2,540,000 (County/Metropolitan Council) and $2,230,000 (City of Burnsville/Federal Grant); and

WHEREAS, the total estimated Dakota County cost for design/engineering, acquisition, and 10 percent contingency is $397,100 and is included in the 2019 Parks Capital Improvement Program Adopted Budget.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the

Physical Development Director to execute a joint powers agreement with the City of Burnsville for the Lake Marion

Regional Greenway – Sunset Park to Murphy Hanrehan Regional Park segment final design and acquisition with

the County’s share of the costs not to exceed $397,100, including ten percent contingency.

-31-


Direction On Preparation Of Feasibility Study For Reintroducing Bison To The County Park System WHEREAS, on May 23, 2017 (Resolution No. 17-274), the County Board approved and adopted the Natural

Resource Management System Plan (NRMSP); and

WHEREAS, the NRMSP presents a vision for Dakota County’s natural resources: “The water, vegetation, and wildlife of Dakota County Parks, greenways, and easements will be managed to conserve biodiversity, restore native habitats, improve public benefits, and achieve resilience and regionally outstanding quality, now and for future generations”; and

WHEREAS, land use changes have resulted in reduced and degraded ecosystems throughout the County; and

WHEREAS, multiple components have been altered or lost that have set the diversity and resilience of our natural communities on a downward trajectory; and

WHEREAS, to change this downward trend and to help achieve the adopted vision, some of the lost natural processes, such as fire and grazing, need to be returned; and

WHEREAS, reintroducing wildlife species that were formerly key components of the County’s heritage ecosystems would also improve the ecological health of the parks; and

WHEREAS, objectives in the NRMSP support this reintroduction: Chapter 11.3.1.2. “Restore/Enhance Important Natural Areas and High-Use/Educational Areas” and Chapter 11.4.3. Tier 2 “Wildlife Management in Parks: Re-introduce select wildlife species that are not currently living in parks but once did”; and

WHEREAS, Dakota County originally contained over 300,000 acres of prairie and savanna, far less than one percent remains today, and one of the keystone species of the prairie in the County was the bison; and

WHEREAS, this animal, through its grazing, herding, rubbing, and wallowing behaviors, had an immense influence on the entire prairie and savanna ecosystems; and

WHEREAS, as heritage natural communities of the County, these ecosystems are high-priority targets for restoration and management within the park system; and

WHEREAS, staff concludes that reintroducing bison to the park system has the potential for multiple benefits to the County’s natural resources and park visitors, but a more complete feasibility study is needed to gain a better understanding of those benefits and the required project elements, including; 1) operation and maintenance requirements and costs, 2) external funding sources, 3) partnerships, and 4) specific visitor service activities that could be offered focusing on the bison herd; and

WHEREAS, a preliminary white paper on the topic determined that key components required to pursue this reintroduction are available, including; 1) large patches of existing prairie/savanna (within certain parks), 2) potential critical partnerships, and 3) potential funding sources; and

WHEREAS, up to $50,000 is available in Park Fund Balance to conduct this feasibility study; and

WHEREAS, the scope, deliverables, and project expenses will be refined as staff and consultant responsibilities are clarified within the request for proposals.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby directs staff to prepare a keystone feasibility study for reintroducing bison; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby directs staff to return to a

future Physical Development Committee of the Whole meeting to present the feasibility study and seek further

direction.

-33-


Ratification Of Grant Application To Minnesota Department Of Human Services For Shelter Bed Services, And Authorization To Execute Grant Agreement, Accept Grant Funds, Amend 2019 Social Services

Adopted Budget, And Execute Contract With Frazier Recovery Home LLC WHEREAS, Dakota County’s emergency shelter for single men, Cochran Recovery Services, Inc. (Cochran),

closed on May 31, 2018, and Cochran utilized Housing Support (formerly known as Group Residential Housing)

funds to provide shelter to hundreds of men each year at their location in Hastings; and

WHEREAS, Dakota County seeks to replace these Housing Support-funded shelter beds with a scattered-site

shelter model that does not utilize traditional Housing Support funding; and

WHEREAS, Dakota County submitted a request to the Department of Human Services (DHS) to consider, under

authority of 2016 Minn. Stat. § 256I.05, subd. 1a (b), a cost-neutral transfer from the Housing Support fund to

Dakota County to provide emergency shelter beds for people with disabilities experiencing homelessness; and

WHEREAS, Dakota County proposed and received approval for the annual transfer of $478,765 from the Housing

Support funds to a direct allocation to Dakota County, and this amount reflects the average annual Housing

Support funds received for shelter beds at Cochran during the last three years; and

WHEREAS, these funds will be used to support individuals in new emergency shelter beds managed by a

contracted vendor; and

WHEREAS, a Request for Proposal was issued on December 11, 2017, to which the County received no

proposals; and

WHEREAS, staff had subsequent conversations with Frazier Recovery Home LLC, who submitted an application

for consideration, which was reviewed by County staff, and a recommendation was made to proceed with contract

negotiations with Frazier Recovery Home LLC for shelter services; and

WHEREAS, staff recommend ratifications of the submission of the grant application to DHS for shelter bed

services, and authorization to execute the grant agreement, accept the grant funds, amend the 2019 Social

Services Adopted Budget, and authorize execution of a contract in an amount not to exceed $478,765 with Frazier

Recovery Home LLC from date of execution through August 30, 2022.

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby ratifies the

submission of the grant application to the Minnesota Department of Human Services for shelter bed services; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners authorizes the Community

Services Director to accept annual grant funds in the amount of $478,765, and execute the grant agreement with

the Minnesota Department of Human Services for the period of January 1, 2019 through August 30, 2022, subject

to approval by the County Attorney’s Office as to form; and

BE IT FURTHER RESOLVED, That the Community Services Director is hereby authorized to execute a contract

with Frazier Recovery Home LLC in an annual amount not to exceed $478,765 to provide emergency shelter

services using the grant funds from the Minnesota Department of Human Services from the date of execution

through August 30, 2022, subject to approval by the County Attorney’s Office as to form; and

BE IT FURTHER RESOLVED, That the Community Services Director is hereby authorized to amend the contract,

within the amount budgeted, to alter the number and type of clients served, rates and types of services provided,

and the contract term, consistent with County contracting policies, subject to approval by the County Attorney’s

Office as to form; and

BE IT FURTHER RESOLVED, That the contract shall contain a provision that allows the County to immediately

terminate the contract in the event sufficient funds from county, state, or federal sources are not appropriated at a

level sufficient to allow payment of the amounts due; and

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby amends the 2019 Social

Services Adopted Budget as follows:

-35-


Expense Program Expenses $478,765 Total Expense $478,765 Revenue Grant Revenue $478,765 Total Revenue $478,765

-36-


DAKOTA COUNTY BOARD OF COMMISSIONERS

Designation Of 2019 Official Voting Delegates For Association Of Minnesota Counties

Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Action None Other Division: County Administration/County Board Current budget Amendment requested Department: County Board New FTE(s) requested Contact: Smith, Matt Board Goal: Excellence in public service Contact Phone: (651) 438-4590 Public Engagement Level: N/A Prepared by: Reynolds, Jennifer PURPOSE/ACTION REQUESTED Designate Association of Minnesota Counties (AMC) official voting delegates for Dakota County. SUMMARY AMC delegates cast ballots at the annual AMC conference and may participate in AMC policy committees (Environmental/Natural Resources, General Government, Health and Human Services, Public Safety, and Transportation). The officials listed in the resolution are the same as the 2018 designations. RECOMMENDATION Staff recommends designating the voting delegates as listed in the resolution. EXPLANATION OF FISCAL/FTE IMPACTS None.

-37-

7.1 - RBA.docx

1/16/2019 2:42 PM Page 2

Supporting Documents: Previous Board Action(s):

RESOLUTION BE IT RESOLVED, That the Dakota County Board of Commissioners hereby designates the following County officials as official voting delegates to represent Dakota County at the Association of Minnesota Counties (AMC) Annual Conference and during the year 2019:

Commissioner Mike Slavik Commissioner Kathleen A. Gaylord Commissioner Thomas A. Egan Commissioner Joe Atkins Commissioner Liz Workman Commissioner Mary Liz Holberg Commissioner Chris Gerlach County Manager Community Services Director Public Services and Revenue Director

County Manager’s Comments: Reviewed by (if required):

☒

☒☒

☒ Recommend Action ☒

☒☒

☒ County Attorney’s Office

☐

☐☐

☐

Do Not Recommend Action ☒

☒☒

☒

Financial Services

☐

☐☐

☐

Reviewed---No Recommendation ☒

☒☒

☒

Risk Management

☐

☐☐

☐

Reviewed---Information Only ☐

☐☐

☐

Employee Relations

☐

☐☐

☐

Submitted at Commissioner Request ☐

☐☐

☐

Information Technology

☐

☐☐

☐

Facilities Management

County Manager

-38-

7.1 - RBA.docx


Authorization To Renew Contract With SuccessFactors, Inc., For Web-Based Performance Management

Subscription Service Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Action None Other Division: County Administration/County Board Current budget Amendment requested Department: Employee Relations New FTE(s) requested Contact: Benish, Andrew Board Goal: Excellence in public service Contact Phone: (651) 438-4382 Public Engagement Level: N/A Prepared by: Benish, Andrew PURPOSE/ACTION REQUESTED Authorize renewal of the contract for subscription service with SuccessFactors, Inc., to access web-based performance management subscription service, effective January 1, 2019 to December 31, 2019. SUMMARY The web-based performance management subscription service for SuccessFactors, Inc., has been approved for use by the County Board since December 31, 2001. The subscription software is integral in facilitating the County’s objective to create a performance management system that can be monitored for equitable application and provide management with cumulative data for continuous improvement of the process. Dakota County’s experience with the vendor has been very positive. They have delivered a stable product and have been responsive to ongoing requests for expanded functionality and adaptation of the product to meet Dakota County’s organizational and user needs. The current contract for subscription service with SuccessFactors, Inc., expired December 31, 2018. Employee Relations has negotiated a new one-year contract for the period beginning January 1, 2019 and ending December 31, 2019. The new 2019 annual cost represents a 6.6 percent increase from 2018. RECOMMENDATION Staff recommends Board approval. EXPLANATION OF FISCAL/FTE IMPACTS The annual cost of $96,116.83 is included in the 2019 Adopted budget.

-39-

7.2 - RBA.docx

1/17/2019 9:14 PM Page 2


RESOLUTION WHEREAS, SuccessFactors, Inc., has delivered a product which has provided performance management capabilities that the County has identified as necessary to achieve strategic performance management objectives; and WHEREAS, SuccessFactors, Inc., has been responsive to ongoing requests for expanded functionality and adaptation of the product to meet Dakota County’s organizational and user needs. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Employee Relations Director to execute a contract for subscription service with SuccessFactors, Inc., for access to its web-based performance management subscription service in an amount not to exceed $96,116.83 annually for the period of January 1, 2019 through December 31, 2019, subject to approval by the County Attorney's Office as to form; and BE IT FUTHER RESOLVED, That the contract shall contain a provision that allows the County to immediately terminate the contract in the event sufficient funds from county, state or federal sources are not appropriated at a level sufficient to allow payment of the amounts due. County Manager’s Comments: Reviewed by (if required):

☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-40-

7.2 - RBA.docx


Acceptance Of Gift To Community Corrections From Anderson Family

Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Action None Other Division: Community Services Current budget Amendment requested Department: Community Corrections New FTE(s) requested Contact: Reetz, Sarah Board Goal: A great place to live Contact Phone: (651) 438-4953 Public Engagement Level: N/A Prepared by: DeFoe, Debi PURPOSE/ACTION REQUESTED Accept a gift in the amount of $600 from the Anderson family to Community Corrections. SUMMARY By Resolution No. 09-246 (May 19, 2009), it is required that gifts of real or personal property exceeding $500 in value must be accepted by resolution of the County Board. In December, 2018, the Community Corrections Department received a gift of $600 in support of juveniles served by Community Corrections in the New Chance program. A letter, signed by the Board Chair, will be sent to the Anderson family to thank them for their donation to the Community Corrections Department (Attachment A). RECOMMENDATION Community Corrections staff recommends the County Board authorize the acceptance of the gift from the Anderson family. EXPLANATION OF FISCAL/FTE IMPACTS None.

-41-

8.1 - RBA.docx

1/16/2019 2:48 PM Page 2


Attachment A: Draft Thank You Letter 9-246; 5/19/09 RESOLUTION WHEREAS, by Resolution No. 09-246 (May 19, 2009), it is required that gifts of real or personal property exceeding $500 in value must be accepted by resolution of the County Board; and WHEREAS, in December, 2018, the Anderson family donated a gift of $600 to the Community Corrections Department in support of juveniles served by Community Corrections in the New Chance program; and WHEREAS, Community Corrections staff recommends acceptance of this gift. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts the gift from the Anderson family, and expresses its appreciation for this generous gift. County Manager’s Comments: Reviewed by (if required):

☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-42-

8.1 - RBA.docx

January 22, 2019 The Honorable Paul H. Anderson Family 5917 Asher Ave. E. Inver Grove Heights, MN 55077 Dear Justice Anderson and Family: Thank you for your generous gift of $600 to our New Chance program in honor of your daughter, Marina and the time she worked with juveniles in the program. We very much appreciate your continued support of our program and are looking forward to using your donation for special programming that we would not be able to offer without your generosity. We have staff members in our program that worked with Marina and remember her passion for working with young people. We also continue to have a substantial internship program in the department for college/university students wanting “hands on” experience in their field of study. Please know that her efforts were important to our department, we remember her, and we sincerely thank you both for your continued financial support. Sincerely, Liz Workman, Chair Dakota County Board of Commissioners cc: Dakota County Board of Commissioners Matt Smith, Dakota County Manager Kelly Harder, Dakota County Community Services Division Director

-43-

8.1 - Attachment A.docx


Authorization To Execute Joint Powers Agreement For Community Corrections Access To Minnesota

Department Of Public Safety Criminal Justice Data Communications Network Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Action None Other Division: Community Services Current budget Amendment requested Department: Community Corrections New FTE(s) requested Contact: Kopperud, Brian Board Goal: Excellence in public service Contact Phone: (651) 554-6065 Public Engagement Level: N/A Prepared by: DeFoe, Debi PURPOSE/ACTION REQUESTED Authorization to execute joint powers agreement (JPA) between Dakota County on behalf of its Community Corrections department and the State of Minnesota through its Department of Public Safety’s Bureau of Criminal Apprehension (BCA) to permit use of systems and tools made available by the BCA through the Criminal Justice Data Communications Network (CJDN) for which the County is eligible. SUMMARY The BCA is authorized by law to maintain systems and tools and has access to other systems and tools that are useful to criminal and non-criminal justice agencies in the performance of official duties. The BCA has established the CJDN for the purpose of enabling agencies across the State of Minnesota to access such systems and tools. By Resolution No. 13-554 (October 15, 2013), the Board of Commissioners authorized execution of a similar JPA that allowed Community Corrections to utilize CJDN from January 31, 2014 through January 31, 2019. The Community Services Director desires to renew the JPA to enable Community Corrections to use the systems and tools available over the State’s CJDN for which Dakota County Community Corrections is eligible The proposed JPA would provide Community Corrections with access to such systems and tools that benefit criminal justice agencies in performing their duties. Community Corrections will access the data for necessary business purposes only. The JPA further provides the Community Corrections Department with the ability to add, modify, and delete connectivity, systems and tools for a period of five years from the date of execution at a total annual cost of $3,720 (Attachment A). Dakota County Community Corrections Director Brian Kopperud, or his successor, is designated the Authorized Representative for Dakota County Community Corrections. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the Agency’s connection to the systems and tools offered by the State. RECOMMENDATION Staff recommends executing a JPA with the Minnesota Department of Public Safety’s BCA for access to the CJDN from the effective date of execution of the Agreement and continuing for a five-year period. EXPLANATION OF FISCAL/FTE IMPACTS There is an annual cost of $3,720 for access to criminal data which is included in the 2019 Community Corrections Adopted Budget.

-45-

8.2 - RBA.docx

1/17/2019 11:58 AM Page 2


Attachment A: Joint Powers Agreement 13-554; 10/15/13 RESOLUTION WHEREAS, the Community Services Director recommends that the County of Dakota on behalf of its Community Corrections department enter into a joint powers agreement (JPA) with the State of Minnesota, Department of Public Safety, through its Bureau of Criminal Apprehension; and WHEREAS, the JPA enables Community Corrections to use systems and tools available over the State’s Criminal Justice Data Communications Network for which Dakota County Community Corrections is eligible; and WHEREAS, the JPA further provides Dakota County Community Corrections with the ability to add, modify and delete connectivity, systems and tools over the five year period of the agreement. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Community Services Director to execute a joint powers agreement by and between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension and Dakota County Community Corrections for the purpose of utilizing the State’s Criminal Justice Data Communications Network from the date of execution for a period of five years at a total annual cost of $3,720, subject to approval by the County Attorney’s Office as to form; and BE IT FURTHER RESOLVED, That the Dakota County Community Corrections Director, Brian Kopperud, or his successor, is designated the Authorized Representative for Dakota County Community Corrections; and BE IT FURTHER RESOLVED, That the Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain Dakota County’s Community Corrections Department connection to the systems and tools offered by the State; and BE IT FUTHER RESOLVED, That the agreement shall contain a provision that allows the County to immediately terminate the agreement in the event sufficient funds from county, state or federal sources are not appropriated at a level sufficient to allow payment of the amounts due. County Manager’s Comments: Reviewed by (if required):

☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-46-

8.2 - RBA.docx

SWIFT Contract # 151957

MN019013G

MN019023G

MN019033G

1

STATE OF MINNESOTA

JOINT POWERS AGREEMENT

AUTHORIZED AGENCY

This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal

Apprehension ("BCA") and the Dakota County Community Corrections ("Agency").

Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to

exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications

network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data

communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories

of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to

access these data in support of its official duties.

The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which

it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.

Agreement

1 Term of Agreement

1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.

Stat. § 16C.05, subdivision 2.

1.2 Expiration date: This Agreement expires five years from the date it is effective.

2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data

Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via

the CJDN for the purposes outlined in Minn. Stat. § 299C.46.

2.2 Methods of access.

The BCA offers three (3) methods of access to its systems and tools. The methods of access are:

A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s

systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s

systems or tools.

B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and

information from BCA’s systems and tools. This method of access generally results in the Agency with indirect

access obtaining the needed data and information in a physical format like a paper report.

C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information

with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state

message switch, web services, enterprise service bus and message queuing.

For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s

systems and tools as described in this Agreement. Agency will select a method of access and can change the

methodology following the process in Clause 2.10.

2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide

Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.

DocuSign Envelope ID: 95BC83D6-7100-4436-9422-5FED245D6A4B

-47-

8.2 - Attachment A.pdf


MN019013G

MN019023G

MN019033G

2

2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies,

regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-

employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to

ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this

compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and

updated from time to time, are incorporated into this Agreement by reference. The policies are available at

https://bcanextest.x.state.mn.us/launchpad/.

2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of

the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.

Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on

Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-

divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.

2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is

eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)

complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a

specific system or tool.

B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make

written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice

obligations and for which Agency is eligible.

2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or

tools which may become available after the signing of this Agreement, to the extent that the access is authorized by

applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement

that when utilizing new systems or tools provided under this Agreement.

2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making

information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,

entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most

current applicable state and federal laws.

2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and

the Agency regarding access to and use of systems and tools provided by BCA.

2.10 Requirement to update information. The parties agree that if there is a change to any of the information

whether required by law or this Agreement, the party will send the new information to the other party in writing

within 30 days of the change. This clause does not apply to changes in systems or tools provided under this

Agreement.

This requirement to give notice additionally applies to changes in the individual or organization serving a city as its

prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by

giving notice to the Service Desk, [email protected].

2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its

systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there

must be a method of identifying which individual users at the Agency conducted a particular transaction.


-48-



MN019013G

MN019023G

MN019033G

3

If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s

transaction record meets FBI-CJIS requirements.

When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must

keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to

occur.

If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public

Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that

are kept by the Agency. The transaction record must include the individual user who requested access, and the date,

time and content of the request. The transaction record must also include the date, time and content of the response

along with the destination to which the data were sent. The transaction record must be maintained for a minimum of

six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business

day of the BCA’s request.

2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court

Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber

Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and

tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services

Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,

below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission

of the Court Records delivered through the BCA systems and tools.

2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is

required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based

background check on each vendor employee as well as records of the completion of the security awareness training

that may be relied on by the Agency.

3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.

Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Nine Hundred Thirty

Dollars ($930.00) or a total annual cost of Three Thousand Seven Hundred Twenty Dollars ($3,720.00).

Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s

Authorized Representative within ten business days when this information changes.

If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to

access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment.

4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,

Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her

successor.

The Agency's Authorized Representative is Brian Kopperud, Director, Northern Service Center, 1 Mendota Road W,

Suite 510, West St. Paul, MN 55118 (651) 554-6065 or his successor.

5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.

5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in

writing and will not be effective until it has been signed and approved by the same parties who signed and

approved the original agreement, their successors in office, or another individual duly authorized.


-49-



MN019013G

MN019023G

MN019033G

4

5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision

or the right to enforce it.

5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.

No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.

6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or

liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §

3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.

Ch. 466, governs the Agency’s liability.

7 Audits

7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting

procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or

Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §

6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of

BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices

that are relevant to this Agreement.

7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure

compliance with laws, regulations and policies about access, use, and dissemination of data.

7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will

cooperate with FBI examiners and make any requested data available for review and audit.

7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment

used to access the data covered by this Agreement and the physical location of each.

8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,

Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,

collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of

Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the

BCA.

8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in

Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding

data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules

of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties

acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with

the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.

All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is

defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota

Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable

restrictions must be followed in the appropriate circumstances.

9 Investigation of alleged violations; sanctions

For purposes of this clause, “Individual User” means an employee or contractor of Agency.

9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected

violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the


-50-



MN019013G

MN019023G

MN019033G

5

investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA

becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to

any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform

BCA subject to any restrictions in applicable law.

9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber

Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a

collective bargaining agreement.

9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency

must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or

permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is

discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report

the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different

determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s

determination controls.

9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,

BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is

remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and

BCA may terminate this Agreement immediately.

9.3 Sanctions Involving Only Court Data Services

The following provisions apply to those systems and tools covered by the Court Data Services Subscriber

Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the

delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is

required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed

by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,

after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or

terminate may also be made based on a request from the Authorized Representative of Agency. The agreement

further provides that only the Court has the authority to reinstate access and use.

9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s

Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.

Agency also understands that reinstatement is only at the direction of the Court.

9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of

the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.

10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal

court with competent jurisdiction in Ramsey County, Minnesota.

11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30

days’ written notice to the other party’s Authorized Representative.

11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not

obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level

sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other

party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice


-51-



MN019013G

MN019023G

MN019033G

6

and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for

services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if

the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to

appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party

receiving that notice.

12 Continuing obligations

The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government

Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.

The parties indicate their agreement and authority to execute this Agreement by signing below.

1. AGENCY

Name: ____________Brian Kopperud________________ (PRINTED)

Signed: ____________________________________________

Title: ______Community Corrections Director_____

(with delegated authority)

Date: ______________1/11/2019_______________________

Name: _____________________________________________ (PRINTED)

Signed: ____________________________________________

Title: ___Community Services Division Director___


Date: ______________________________________________

2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF

CRIMINAL APPREHENSION

Name: _____________________________________________ (PRINTED)

Signed: ____________________________________________

Title: ______________________________________________


Date: ______________________________________________

3. COMMISSIONER OF ADMINISTRATION

delegated to Materials Management Division

By: ______________________________________________

Date: _____________________________________________


Kelly Harder

01/11/2019 | 9:16 AM CST

-52-



Report On Invoices Paid In December 2018

Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Information None Other Division: Operations, Management and Budget Current budget Amendment requested Department: Financial Services New FTE(s) requested Contact: Skwira, Peter Board Goal: Excellence in public service Contact Phone: (651) 438-8318 Public Engagement Level: N/A Prepared by: Larson, Jan PURPOSE/ACTION REQUESTED Receive a report on invoices paid during December 2018. SUMMARY Minn. Stat. § 375.18 requires that all claims paid must be presented to the County Board for informational purposes. A copy of the December 2018 Paid Invoice Report, excluding payroll and Community Services client and provider payments, is on file with the Clerk to the Board. Payments for the month ending December 31, 2018, total $13,552,673. The following is a summary of the major payments for the month. Major Categories Amount Explanation Benefit deductions from employee payroll $1,829,689 Retirement accounts, PERA, health & dental Payments to other governments $150,292 Pass through payments - taxes, fees Materials & supplies $185,676 Highway, Parks, Buildings material/supplies Overall support of departments $1,907,863 Insurance, maintenance agreements, office equip Services to citizens & clients $2,100,212 Major client services contract All other expenses $3,354,115 BIP, CEP, and misc. Capital projects $4,024,826 Highway & building construction

$13,552,673 RECOMMENDATION Information only; no action requested. EXPLANATION OF FISCAL/FTE IMPACTS None.

-53-

9.1 - RBA.docx

1/17/2019 11:49 AM Page 2


RESOLUTION Information only; no action requested. County Manager’s Comments: Reviewed by (if required):

☐

☐☐

☐ Recommend Action ☒

☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☒

☒☒

☒


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-54-

9.1 - RBA.docx


Authorization To Execute Amendment To Contract With Bolton & Menk, Inc., For Engineering Services On

County Project 50-19 In Lakeville Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Action None Other Division: Physical Development Current budget Amendment requested Department: Transportation New FTE(s) requested Contact: Krebsbach, Mark Board Goal: A successful place for business and jobs Contact Phone: (952) 891-7102 Public Engagement Level: Level 2 - Discuss Prepared by: Rezac, Jacob PURPOSE/ACTION REQUESTED Authorize a contract amendment with Bolton & Menk, Inc. (BMI), for additional design services on County Project (CP) 50-19. SUMMARY To promote a safe and efficient transportation system throughout the County, Dakota County, in cooperation with the City of Lakeville (City), has completed construction on a project to expand County State Aid Highway (CSAH) 50 (Kenwood Trail) to a four-lane divided highway from CSAH 9 (Dodd Boulevard) to CSAH 60 (185

th Street West).

A project location map is included as Attachment A. Construction of the project is substantially complete. On October 20, 2015 (Resolution No. 15-551), the County Board approved a contract for engineering services with BMI, in the amount of $853,248. The City was the lead agency for right of way acquisition on the project from Ipava Avenue to CSAH 9. In addition, utility work on CSAH 50 and Icenic Trail was also included in the original scope of work, which the City was responsible for. The City’s right of way acquisition involved property acquisition from three businesses. These acquisitions were complex, as they included the relocation of one business to an adjacent City-owned parcel, parking lot modifications for the other two businesses, parcel line revisions, and parcel ownership changes. The City requested that BMI prepare a plat (Kenwood Trail Business Park) to reflect the changes in ownership. Parcel sketches and site plans were also necessary in order to accurately appraise the acquisitions and depict the proposed changes to the parcel as a result of the project. Parcel sketches for the residential parcels that the County was acquiring were included in the original scope of work. The City requested that BMI create parcel sketches and site plans for these as well. The business acquisitions also involved more drainage and utility design iterations than originally anticipated. An amendment to the existing design contract was originally requested by BMI on November 24, 2017 to account for this additional work. City and County staff negotiated with BMI since then, and recommend additional compensation in the amount of $114,303.95 for the requested services, which would result in a total amended contract amount of $967,551.95. The current estimated construction amount is $11,258,360. The total amended contract amount is equal to 8.6 percent of the construction cost estimate, which is reasonable for design costs for a project of this scope and complexity. City and County staff also discussed how best to handle these additional costs. The City directed most of the work, which was acceptable based on the terms of the joint powers agreement as amended on April 19, 2016 (Resolution No. 16-218). The City and County agreed that a request to amend the existing contract was more efficient than a separate contract. City and County staff also wanted to verify the amended amount, as the original scope of work included construction support services yet to be performed by BMI. Due to the discussion of how to handle additional costs and the fact that construction support services were still ongoing, County staff delayed the amendment request to allow BMI to substantially complete construction support services and more accurately determine the costs associated with the additional work. RECOMMENDATION Staff recommends amending the contract with Bolton & Menk, Inc., in the amount of $114,303.95. EXPLANATION OF FISCAL/FTE IMPACTS The 2019 Transportation Capital Improvement Program Adopted Budget includes $17,736,830 in total funding for CP 50-19 (Attachment C), including amounts carried over from previous years. A total of $17,561,423 has been expended to date on the project. Sufficient funds are available. The City is responsible for $24,120 in utility costs. The remaining costs will be shared in accordance with County policy (45% City/55% County) and the joint powers agreement, as those costs were part of the right of way acquisition process and necessary to complete the project. A table including additional work items and the proposed cost share is included in Attachment B.

-55-

10.1 - RBA.docx

1/17/2019 12:33 PM Page 2


Attachment A: Project Location Map 15-551; 10/20/15 Attachment B: Additional work items and cost share 16-218; 4/19/16 Attachment C: Financial Summary RESOLUTION WHEREAS, Dakota County and the City of Lakeville (City) completed construction of County Project (CP) 50-19, a cooperative highway project to reconstruct County State Aid Highway (CSAH) 50 (Kenwood Trail); and WHEREAS, CP 50-19 involved the expansion of CSAH 50 to a four-lane divided highway between CSAH 60 (185

th

Street West) and CSAH 9 (Dodd Boulevard); and WHEREAS, on October 20, 2015 (Resolution No. 15-551), the County Board authorized the execution of a contract with Bolton & Menk, Inc., for engineering series on CP 50-19 in the amount of $853,248; and WHEREAS, the City was the lead agency for right of way acquisition between Ipava Avenue and CSAH 9; and WHEREAS, the City’s right of way acquisition included property acquisition from three businesses; and WHEREAS, the acquisitions involved changes in property ownership and parcel lines; and WHEREAS, plats, parcel sketches, and site plans were needed to depict new configurations and appraise the properties; and WHEREAS, the original scope of work only included parcel sketches for the parcels to be acquired by the County; and WHEREAS, the complex nature of the acquisitions involved additional drainage and utility design iterations than what was anticipated; and WHEREAS, the City requested that Bolton & Menk, Inc., add these items to the scope of work due to the complex schedule and nature of the project; and WHEREAS, an amendment to the existing contract is requested to account for this additional work; and WHEREAS, staff has negotiated with Bolton & Menk, Inc., for compensation in the amount of $114,303.95 for the additional services provided; and WHEREAS, staff recommends authorizing a contract amendment with Bolton & Menk, Inc. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a contract amendment with Bolton & Menk, Inc., to include additional design services for County Project 50-19 in an amount not to exceed $114,303.95, which would result in a total amended contract amount not to exceed $967,551.95, including reimbursable items, subject to approval by the County Attorney’s Office as to form. County Manager’s Comments: Reviewed by (if required):

☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-56-

10.1 - RBA.docx

1/17/2019 12:33 PM Page 3

-57-

10.1 - RBA.docx

DODD

BLV

D

185TH ST W

IPAVA

AVE GhWX

GÆWX

County Project 50-19

G¼WXKENWOOD WAY

!"̀$

%&d(%&c(

%&f(

)p

)s

?§A@

?±A@

_̂?§A@

)p

Sl

County Project 50-19

Prep

ared b

y the

Dak

ota C

ounty

Tran

sport

ation

Dep

artme

nt

-58-


Total Cost$44,312.95 $24,372.12 (55%) $19,940.83 (45%)$27,721.00 $15,246.55 (55%) $12,474.45 (45%)$18,150.00 $9,982.50 (55%) $8,167.50 (45%)$24,120.00 $0.00 (0%) $24,120.00 (100%)

$114,303.95

Additional Drainage Improvements

$64,702.78

ADDITIONAL DESIGN SERVICESCity Share

Utility Modifications

Total $49,601.17

Item County ShareMunicipal PlatSite Plans and Parcel Sketches

-59-

10.1 - Attachm

ent B.pdf

Year Budget Proposed RBARevised Budget

Current County's Share Proposed RBA

Revised County's Share

Current Non-County Funding Proposed RBA

Revised Non-County Funding

Total Revised Project Funding

Prior to 2019 17,736,830 - 17,736,830 10,391,572 - 10,391,572 7,345,258 - 7,345,258 17,736,830

2019 Budget - - - - - - - - - - 2020 Plan - - - - - - - - - 2021 Plan - - - - - - - - - 2022 Plan - - - - - - - - - 2023 Plan - - - - - - - - -

Current CIP Total - - - - - - - - - -

Costs Beyond Current CIP - - - - - - - Total 17,736,830 - 17,736,830 10,391,572 - 10,391,572 7,345,258 - 7,345,258 17,736,830

Project 50-19

Expense Budget Funding Sources Budget

-60-

10.1 - Attachm

ent C.pdf


Authorization To Execute Joint Powers Agreement With City Of Lakeville And Contract With SRF

Consulting Group, Inc., For Design Services For County Project 9-56 Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Consent-Action None Other Division: Physical Development Current budget Amendment requested Department: Transportation New FTE(s) requested Contact: Krebsbach, Mark Board Goal: A great place to live Contact Phone: (952) 891-7102 Public Engagement Level: Level 3 - Involve Prepared by: Parent, Matthew PURPOSE/ACTION REQUESTED

• Authorize execution of a joint powers agreement (JPA) with the City of Lakeville (City) for County Project (CP) 9-56.

• Authorize execution of a contract with SRF Consulting Group, Inc., for preliminary engineering, traffic analysis, and public involvement services for CP 9-56 in Lakeville (Attachment A).

SUMMARY To provide a safe and efficient transportation system, Dakota County and the City are proceeding with CP 9-56. County Project 9-56 will consist of preliminary engineering designs, surveying, and related services for the required improvements to serve as a basis for the jurisdictional transfer agreements of County State Aid Highway (CSAH) 9 (Dodd Boulevard) and 179

th Street in Lakeville which is consistent with the adopted Dakota County 2030

Transportation Plan. County Project 9-56 is scheduled for construction in 2021. A JPA between the County and City is necessary to outline cost participation and responsibilities for design and related services for the project. Costs will be shared in accordance with County policy. The County is the lead agency for this project. The scope of work includes identification of required improvements to serve as a basis for the jurisdictional transfer on two segments of road. Segment 1 includes the future CSAH 9 (179

th Street) jurisdictional transfer (City to

County) from west of CSAH 23 (Cedar Avenue) to CSAH 31 (Pilot Knob Road). The study will focus on the segment between CSAH 23 through the Flagstaff Avenue intersection, including the intersection improvement analysis at CSAH 9 and Flagstaff Avenue. Segment 2 includes CSAH 9 (Dodd Boulevard) jurisdictional transfer (County to City) from east of Highview Avenue to CSAH 31. This portion of the study will focus on Gerdine Path to Dodd Lane, including intersection improvement analysis at CSAH 9 and CSAH 23. Staff issued a request for proposal for engineering services. Four proposals were received and evaluated by City and County staff. SRF Consulting Group, Inc., was selected as the preferred consultant based on the following five criteria: proposed project approach, understanding of the scope of work, qualifications of the project team, completeness of quality control approach, and cost proposal best value (Attachment B). RECOMMENDATION Staff recommends execution of a JPA with the City to define roles and cost-sharing responsibilities for CP 9-56. The County Engineer recommends execution of a contract with SRF Consulting Group, Inc., for the professional design services for CP 9-56 for actual costs not to exceed $495,392. EXPLANATION OF FISCAL/FTE IMPACTS The 2019 Transportation Capital Improvement Program Adopted Budget includes $600,000 for consulting services for CP 9-56. The design engineering consulting services will be shared between the City ($222,926) and Dakota County ($272,466) in accordance with adopted County policy. The total proposed budget which is included in the 2019 - 2023 Transportation CIP for CP 9-56 is $7,600,000 (Attachment C).

-61-

10.2 - RBA.docx

1/17/2019 12:05 PM Page 2


Attachment A: Project Map Attachment B: Consultant Selection Information Attachment C: Financial Summary

RESOLUTION WHEREAS, to provide a safe and efficient transportation system, Dakota County is partnering with the City of Lakeville (City) on County Project (CP) 9-56; and WHEREAS, CP 9-56 is preliminary engineering, public participation, and traffic analysis of County State Aid Highway (CSAH) 9 and 179

th Street in Lakeville; and

WHEREAS, CP 9-56 will identify required improvements on each roadway to serve as a basis for a future jurisdictional transfer agreement between the City and County; and WHEREAS, staff sent a request for proposal to four qualified professional consultants; and WHEREAS, the proposals received were evaluated by City and County staff; and WHEREAS, the 2019–2023 Transportation Capital Improvement Program Adopted Budget includes sufficient funding for CP 9-56 in 2019; and WHEREAS, in accordance with County policy, cost shares for the project design, after accounting for cooperative agreement funding are estimated as Dakota County 55 percent and the City 45 percent; and WHEREAS, a joint powers agreement with the City is recommended to define roles and cost-sharing responsibilities for CP 9-56; and WHEREAS, the County Engineer recommends execution of a contract with SRF Consulting Group, Inc., for design engineering consulting services for CP 9-56 for actual costs not to exceed $495,392. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a joint powers agreement with the City of Lakeville for engineering design, surveys, and related services for County Project 9-56, subject to approval by the County Attorney’s Office as to form; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a contract with SRF Consulting Group, Inc., to perform design engineering consulting services for County Project 9-56 in an amount not to exceed $495,392 subject to approval by the County Attorney’s Office as to form. County Manager’s Comments: Reviewed by (if required):

☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-62-

10.2 - RBA.docx

GwWX

G£WX

MJFH SMITH FAMILY

CEDA

R AV

E

FLAG

STAF

F AVE

PILOT

KNO

B RD

179TH ST W

Prep

ared b

y the

Dako

ta Co

unty

Trans

porta

tion D

epart

ment

GwWX

Future Alignment of179th St.

GhWX

G£WXDODD BLVD

DODD BLVD

HIGH

VIEW

AVE

PILOT

KNO

B RD

FLAG

STAF

F AVE

170TH ST W

179TH ST W

172ND ST W

HAYE

S AVE

HARVARD LN

166TH ST W

ENCI

NA PA

TH

181ST ST W

ELY A

VE

!"̀$

%&d( %&c(

%&f(

)p

)s

?§A@

?±A@

_̂?§A@

)p

179th Street West to Pilot Knob Road - City to County

County Project 9-56

Highview Avenue to Cedar Avenue - County to City

-63-


Consultant Evaluation Summary for County Project 9-56

Consulting Services Information

Consultant Services Description:

County Project (CP) 9-56 includes preliminary engineering design, surveying, and related services for the

required improvements to serve as a basis for the jurisdictional transfer agreements of County State Aid

Highway (CSAH) 9 and 179th Street in the City of Lakeville which is consistent with the adopted Dakota

County 2030 Transportation Plan.

Scope of Consultant Services:

The scope of work for this project includes preliminary feasibility study and analysis of intersection and

roadway improvements, preliminary design, surveying, cost estimates, phasing plans, and 30 percent

designs. Public involvement and coordination is an important component of the project.

Deliverables:

Project Coordination, Public and Agency Involvement, Environmental Assessment, Surveys and Mapping,

Hydraulics Evaluation, Traffic Analysis, Drainage Designs, 30 percent Construction Plans, Geotechnical

Engineering, and Preliminary Roadway Engineering

Public Engagement:

Maximum of 3 public meetings

Maximum of 3 one-on-one stakeholder meetings

Maximum of 2 newsletters which includes project information, layouts, and project schedule

Project Website development and support

Maximum of 4 Project Management Team meetings

Public and Private Utility coordination meetings will be conducted as necessary throughout the project

Schedule:

Preliminary Design – Winter 2018/2019 to August 2019

Right of Way – 2019

Project Submittal and Approval – September 2019

Consultant Selection Summary:

Request for Proposals (RFP): The RFP for the requested consultant services was released on November

13, 2018 and sent to the following four consultant firms: SRF, Kimley-Horn, KLJ and SEH. These four

firms were selected because of familiarity with similar projects in the City and County. An estimated

budget of $550,000 to $600,000 was included in the RFP with the explanation that proposed costs of

services could exceed the budget range if determined to be necessary by the proposer. Four proposals

were submitted to the County by the due date of December 10, 2018.

Review Team agencies and process:

The four proposals were reviewed by staff from Dakota County and the City of Lakeville. Proposals were

reviewed and ranked independently by review team members. The review team members met on

December 17 to discuss the proposals, share information regarding individual member evaluations, and

reach consensus on a recommended consultant.

-64-

10.2 - Attachment B.docx

Evaluation Criteria:

The proposals were evaluated and ranked based on the following five criteria:

1. Proposed Project Approach – conceptual and technical approach to design and the

completeness of detailed work plan

2. Understanding of the Scope of Work – completeness of the proposal and a clear understanding

of the project scope, objectives, and complexity

3. Project Design Team – qualifications and experience of the Project Manager and key staff

proposed for the project, competency of team members in design approaches and techniques,

experience on previous similar projects, and availability of the key staff

4. Quality Control – ensure the delivery of a quality product in a timely manner

5. Fee estimate – understanding total project cost toward design and engineering, cost control

measures identified

Evaluation Results:

Two of the four firms scored very closely based on experience, project team, project understanding and

approach. All consultant teams identified measures for quality control, public involvement and all felt

comfortable achieving the project deliverables by the project deadline.

Summary of proposed costs:

SRF KLJ SEH KHA

Hours 3,601 3,996 3,417 4,772

Cost $495,392 $506,681 $488,984 $569,460

Cost/Hour $137 $126 $143 $119

Recommendation:

The project review team selected SRF for this project because they provided the best proposal within

budget. The City of Lakeville and Dakota County staff felt the most comfortable with the project team

from SRF and felt they had the most relevant experience and best project manager. Key components of

the proposal from SRF that stood out from the other three proposals were: best grasp of the project

scope, the most appropriate project schedule in terms of deliverables, and the project review team

having the most confidence in SRF’s ability to transition the construction plans for 179th street into the

next phase of design at the completion of this project.

Staff recommends the consulting firm SRF be awarded a contract for preliminary and final design of CP

9-56.

-65-

10.2 - Attachment B.docx

Year Budget Proposed RBARevised Budget

Current County's Share Proposed RBA

Revised County's Share

Current Non-County Funding Proposed RBA

Revised Non-County Funding

Total Revised Project Funding

Prior to 2019 - - - - - - - - - -

2019 Budget 600,000 - 600,000 400,000 - 400,000 200,000 - 200,000 600,000 2020 Plan 2,000,000 2,000,000 2,000,000 - 2,000,000 - - - 2,000,000 2021 Plan 5,000,000 5,000,000 5,000,000 - 5,000,000 - - - 5,000,000 2022 Plan - - - - - - - - - 2023 Plan - - - - - - - - -

Current CIP Total 7,600,000 - 7,600,000 7,400,000 - 7,400,000 200,000 - 200,000 7,600,000

Costs Beyond Current CIP - - - - - - - Total 7,600,000 - 7,600,000 7,400,000 - 7,400,000 200,000 - 200,000 7,600,000

Project 9-56

Expense Budget Funding Sources Budget

-66-

10.2 - Attachm

ent C.pdf


Adoption Of 2019 State Legislative Platform

Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Regular-Action None Other Division: County Administration/County Board Current budget Amendment requested Department: County Administration New FTE(s) requested Contact: Smith, Matt Board Goal: Excellence in public service Contact Phone: (651) 438-4590 Public Engagement Level: N/A Prepared by: Hanson, Nathan PURPOSE/ACTION REQUESTED Adopt the 2019 State Legislative Platform. SUMMARY At the January 8, 2019, General Government and Policy Committee of the Whole meeting, staff presented a draft of the 2019 Legislative Platform. Modifications have been made to the proposed platform based on the Committee’s input. Additional feedback on the platform was gathered during the November 13 and 27, 2018, General Government and Policy Committee meetings, and the December 11, 2018 Board of Commissioners meeting. The draft platform was also discussed at the January 18, 2019, Legislative Workgroup meeting. Any additional platform changes recommended by the Workgroup will be discussed during the Board of Commissioners meeting. The platform (Attachment A) includes four high priority initiatives, related to Housing and Economic Stability, Transportation, Natural Resources Stewardship, and Environmental Protection, and seven other priorities related to health and human services, jobs and economic growth, local government, and state government and elections. Staff is developing supporting materials for the adopted platform for presentation to the County’s State Legislative Delegation at the Legislative Workshop scheduled for February 8, 2019. RECOMMENDATION Staff recommends that the Board adopt the proposed 2019 State Legislative Platform. EXPLANATION OF FISCAL/FTE IMPACTS There is no direct fiscal impact as the result of adopting the Legislative Platform. If certain positions are adopted, the budget for County activities may be affected. In such cases, budget amendments will be recommended for the Board’s approval.

-67-

11.1 - RBA.docx

1/17/2019 12:18 PM Page 2


Attachment A: Proposed 2019 State Legislative Platform RESOLUTION WHEREAS, the Minnesota Legislature convened its 2019 session on January 8, 2019; and WHEREAS, the interests of Dakota County and its citizens will be directly affected by the decisions of the 2019 Legislature; and WHEREAS, at its meeting on January 8, 2019 the General Government and Policy Committee of the Whole reviewed items for inclusion in the 2019 State Legislative Platform including four high priority initiatives, related to Housing and Economic Stability, Transportation, Natural Resources Stewardship, and Environmental Protection, and seven other priorities related to health and human services, jobs and economic growth, local government, and state government and elections. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the Legislative Platform as presented to the County Board on January 22, 2019; and BE IT FURTHER RESOLVED, That staff is directed to prepare the Legislative Platform for presentation and discussion with the Dakota County Legislative Delegation.


☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-68-

11.1 - RBA.docx

PrioritiesHOUSING AND ECONOMIC STABILITYDakota County has a shortage of workforce housing, which prevents employers from attracting employees and causes greater reliance by citizens on public services. Dakota County agrees with the Governor’s Task Force on Housing that homes are the building blocks to an individual’s economic opportunity and a community’s economic strength. Through partnerships with the State and other entities, Dakota County can expand workforce housing, provide resources to struggling homeowners and renters and offer supportive services for people in need. With these investments kids learn, parents earn and communities grow stronger. The Legislature should:

• Provide a dependable stream of funding for social services that helps households maintain housing.

• Enhance and expand state rental assistance programs to complement federal programs that are too small to meet the need.

• Create dedicated, permanent funding sources for workforce homes in addition to current funding sources like local Housing Trust Funds.

TRANSPORTATIONA healthy economic environment relies on safe and efficient transportation systems. To meet the transportation needs of the state and Dakota County, the Legislature should:

• Increase long-term, sustainable funding for highway and bridge purposes.

• Support trunk highway and general obligation bonds for highway programs.

• Retain the current distribution of the Motor Vehicle Leased Sales Tax (MVLST).

• Provide sufficient funding to support metropolitan bus operations and the state share of transitway operations.

NATURAL RESOURCES STEWARDSHIPThe effective stewardship of land, water and wildlife is among key elements that make Dakota County a great place to live and work. To continue protecting ecologically important areas and providing nature-based education and recreation, the Legislature should:

• Approve Lessard-Sams Outdoor Heritage Council funding recommendations for land conservation and the Conservation Partners Legacy grant program.

• Support increasing Metropolitan Council regional parks operations and maintenance funding to 40 percent, and support the Metropolitan Council request for Parks and Trails Legacy Funds to Dakota County at 40 percent.

• Approve state bonding for regional greenway projects.

• Support full funding of Minnesota Historical Society grant program for Arts and Cultural Heritage Funds.

ENVIRONMENTAL PROTECTION Dakota County residents want a clean and healthy environment, but the County faces increasing challenges beyond its control. To help support quality natural resources, protect groundwater and properly manage solid and hazardous waste, the Legislature should:

• Increase SCORE funding to metropolitan counties to offset the cost of meeting increased state mandates on waste diversion, and return diverted funds to the Metropolitan Landfill Contingency Action Trust and the Closed Landfill Investment Fund.

• Approve state bonding for a regional household hazardous waste collection facility to serve residents of Dakota County and surrounding areas.

• Establish and fund a state program to reimburse public and private drinking water well owners for treatment of well water contaminated with agricultural chemicals that exceed safe drinking levels.

Dakota County 2019 Legislative Platform

DRAFT

-69-


Housing and economic stabilityDakota County and the Dakota County Community Development Agency (CDA) have a long history of maximizing resources and creatively fostering partnerships to: create and preserve affordable housing; assist households in crisis with public health, social services and rental assistance; improve existing housing stock; and provide workforce development tools to help businesses recruit and grow talent.

Dakota County and the Dakota County CDA are well positioned to implement new resources that support recommendations from the Governor’s Task Force on Housing.

The Legislature can assist Dakota County in a number of ways:

COMMIT TO HOMES AS A PRIORITY• Support the Dakota County CDA’s mission to

improve the lives of Dakota County residents and enhance the economic vitality of communities through housing and community development. The Dakota County CDA will levy $8.1 million in 2019 to carry out this mission, in a joint effort with the State and other partners.

PRESERVE THE HOMES WE HAVE• Expand rental rehabilitation programs

to preserve rental assets.

• Provide incentives to private market owners to keep rental units affordable by using targeted support from local and state government.

• Expand existing home rehabilitation tools, such as the Weatherization Assistance Program funding, to increase energy efficiency and decrease energy bills.

• Substantially increase support for rehabilitation of public housing.

• The Dakota County CDA also utilizes federal, state and local resources to provide home improvement loans to income-qualified households. Over the past five years, over 400 homes have been improved with loans totaling over $8.2 million.

BUILD MORE HOMES• Create dedicated, permanent funding sources

for affordable homes.

• Maintain the Dakota County CDA bond and tax credit allocation for the creation and preservation of affordable housing. Through these and other local housing finance programs, the CDA has helped private and non-profit developers create and preserve affordable housing throughout Dakota County.

• Create a state matching fund to encourage creation of Local Housing Trust Funds (MHP and Homes for All 2018 agenda).

INCREASE HOME STABILITY• Enhance and expand state and local rental

assistance programs to complement federal programs that are too small to meet (and do not reflect) local need.

– Provide 100 additional local housing vouchers each year for 10 years.

• Increase speed and flexibility of emergency resources to prevent people from losing their homes.

• Provide incentives and tools to encourage landlords to accept rental assistance vouchers in the private market.

– Expand the Beyond Backgrounds Landlord Risk Fund.

– Create state and local rental voucher programs that can pay for local rents throughout the state (not tied to federally set rent standards).

• Expand and enhance programs that help people navigate the system to find homes and vital housing resources.

continued

DRAFT

-70-


LINK HOMES AND SERVICES• Provide a dependable stream of funds for

social services that help households maintain stable homes.

• Provide access to a full range of services for families and individuals transitioning into stable homes before, during and after the transition.

• Expand programs and providers who assist individuals in finding, securing and retaining affordable rental homes.

– Expand resources under the Housing Support for Adults with Serious Mental Illness (HSASMI) and Projects for Assistance in Transition from Homelessness (PATH) grants.

– Expand resources to replicate Hennepin County Minor Connect program.

– Continue to support application for and implementation of the 1915i CMS application for Housing Stability Services.

• Advance Housing Support program for residents with disabilities by identifying gaps and potential program enhancements to ensure statewide coverage.

– Allow the Housing Support room and board rate to be tied to local rent prices (rent reasonableness).

SUPPORT AND STRENGTHEN HOME OWNERSHIP • Continue to support housing counseling

services through the HECAT grant from MN Housing. Housing counseling is vital to assist first-time homebuyers and potential homebuyers with multiple barriers to entry. In the past five years, the Dakota County CDA has had over 1,100 people participate in homebuyer education workshops, provided counseling support for over 700 households and assisted nearly 350 households with the purchase of their first home. This includes providing $2.2 million in downpayment assistance loans.

CONTACT

Kelly Harder Community Services Director [email protected] (651) 554-5759

Tony Schertler Community Development Agency Executive [email protected] (651) 675-4430

DRAFT

-71-


TransportationWith 422,000 residents, Dakota County is the third-largest county by population in Minnesota. Dakota County residents and businesses depend on safe and reliable State and County highways and transit services to move goods, services and employees around the region.

The Legislature can assist Dakota County in a number of ways:

INCREASE LONG-TERM, SUSTAINABLE HIGHWAY AND BRIDGE FUNDINGThe 2008 Legislature enacted a comprehensive transportation funding bill with dedicated revenue for bridges, roads and transit. However, projected revenues will still fall far short of transportation investment needs over the next 20 years.

In 2017, a major transportation bill provided several funding sources to increase highway funding. However, the transfer of general fund revenue from the sales tax on auto parts was not fully implemented and fell short of necessary long-term revenue streams.

Significant bond appropriations for the trunk highway system through the Corridors of Commerce program cannot be used on local roads. Limited new revenue to support these bonds, coupled with the risk that general fund dollars could be moved out of the transportation revenue stream in future years, result in increased trunk highway debt service.

MAKE NO CHANGES TO MOTOR VEHICLE LEASED SALES TAX (MVLST)The Legislature should retain the current distribution of the Motor Vehicle Lease Sales Tax (MVLST), which provides funding to greater Minnesota transit, suburban county highways, local bridges and the highway user tax distribution fund.

The portion of MVLST revenue distributed to suburban counties helps address highway expansion needs associated with significant population growth. These needs are well beyond what sources such as County State Aid funds can provide. These suburban counties use a significant portion of revenue from their self-enacted Transportation Sales and Use Tax on both local and trunk highway improvement projects.

Transit in these counties also runs on the highways, further emphasizing the need for highway improvements.

SUPPORT BONDING FOR HIGHWAYSIn Dakota County, there are approximately $400 million in high-priority trunk highway projects that have no funding identified through 2037. The Legislature should:

• Ensure long–term, sustainable revenue directed to the Highway User Tax Distribution fund, which provides the ability to plan for highway and bridge needs at all levels of government. Further, additional state revenue helps support an increased level of trunk highway bonding.

• Support long-established bonding programs that supplement long-term revenues to address project-specific highway and bridge needs.

• Increase long-term, sustainable funding for highways and bridges.

• Support trunk highway and general obligation bonds for the Local Road Improvement, Local Bridge Replacement Bonding and Local Road Wetland Replacement programs.

SUFFICIENTLY FUND METRO BUS AND TRANSITWAY OPERATIONSMetro Transit operations have a significant budget shortfall to meet current transit system operational needs, much less expansion of Metro bus service and transitways. Expanded transit service is an important part of the Dakota County transportation system and is needed to combat congestion, transport employees and serve a growing and aging population. The Legislature should provide sufficient funding to support metropolitan bus operations and the State share of transitway operations.

DRAFT

CONTACT

Mark Krebsbach Transportation Director/County Engineer [email protected] (952) 891-7102

-72-


Natural resources stewardshipDakota County protects and maintains natural resources for the health and enjoyment of current and future residents and visitors. We accomplish this through effective and efficient stewardship of the land, water and wildlife in the county. In partnership with others the County protects, restores and maintains environmentally sensitive and ecologically important natural resources. This supports opportunities for natural resource-based education and recreation in regional parks, greenways and private lands. The Legislature can assist Dakota County in a number of ways:

NATURAL RESOURCE PROTECTION, RESTORATION AND MANAGEMENT • Support Lessard-Sams Outdoor Heritage

Council’s Minnesota Law 2019 Outdoor Heritage funding recommendation for a $3.5 million appropriation to Dakota County for land protection and restoration.

• Support the Lessard-Sams Outdoor Heritage Council’s Minnesota Law 2019 Outdoor Heritage funding recommendation for a $10 million appropriation to the Department of Natural Resources for the Conservation Partners Legacy Grant Program, which would support the following Dakota County projects:

– Spring Lake Park Reserve — Forest, prairie and wetland enhancement, $387,550

– Lebanon Hills Regional Park Central — Restoration, $385,000

– Park Conservation Areas — Restoration, $379,000

– River to River Greenway — Restoration, $180,000

• Support the Metropolitan Council’s $1.5 million request from the Environment and Natural Resources Trust Fund, matched with $1 million of Metropolitan Council funds to acquire private inholdings within regional parks and greenways.

• Support increasing the Metropolitan Council regional parks operations and management funding to 40 percent to align with existing state statute.

NATURE-BASED EDUCATION AND RECREATION• Support the Metropolitan Council’s request

for Park and Trail Legacy Funds to Dakota County at a 40 percent appropriation level, supporting these projects:

– Public health improvements — Big Rivers Regional Trailhead, $1,241,008

– High priority Spring Lake Park Reserve Master Plan improvements, $1,249,474

• Support full funding of the Minnesota Historical Society Grant Program from Art and Culture Legacy Funds, to help fund:

– Mississippi River Trail — South St. Paul Stockyards Interpretation, $400,000

• Request $20.03 million of State bonding to support regional greenway projects:

– Complete Phase 1 River to River Greenway, $5.4 million

– Mississippi River Regional Trail (MRRT) Improvements, $1.6 million

– Complete Phase 1 Minnesota River Greenway (Burnsville to Harriet Island), $3.94 million

– Complete Phase 1 Lake Marion Greenway from Murphy-Hanrehan Park Reserve to downtown Lakeville, $1 million

– Lake Marion Greenway Phase 1 public safety improvements from Murphy-Hanrehan Park Reserve to Minnesota River, $1.39 million

– North Creek Greenway Phase 1 public safety improvements, $2.2 million

– Mendota to Lebanon Hills Regional Park public safety and trail Improvements, $4.5 million

DRAFT

CONTACT

Steve Mielke Physical Development Director [email protected] (952) 891-7007

-73-


Environmental protection Dakota County strives to provide its residents with a healthy environment and quality natural resources. This is accomplished through a variety of environmental protection programs, including the proper management of solid and hazardous wastes and the protection of groundwater resources. The Legislature can assist Dakota County in a number of ways:

SOLID WASTE MANAGEMENT• Increase SCORE funding by 50 percent to

metropolitan counties to offset the costs of meeting increased state mandates on waste diversion.

• Ensure that adequate resources are available for the long-term care of existing landfills, including but not limited to the protection of existing fund balance and the return of diverted funds to the Metropolitan Landfill Contingency Action Trust (MLCAT) and Closed Landfill Investment Fund (CLIF).

HAZARDOUS WASTE MANAGEMENT• Support the proper management of

household hazardous waste and other problem materials through a $10.26 million bonding proposal for a household hazardous waste collection facility strategically located to serve residents of Dakota County and surrounding areas.

GROUNDWATER PROTECTION • Support efforts to actively address

groundwater contamination due to nitrates.

• Authorize and fund the Minnesota Department of Health and Minnesota Department of Agriculture to establish a program reimbursing public and private drinking water well owners for the treatment of well water that has contamination from agricultural chemicals that exceeds the safe drinking water level.

CONTACT

Steve Mielke Physical Development Director [email protected] (952) 891-7007

DRAFTOther legislative priorities HEALTH AND HUMAN SERVICES• Allow names of inmates identified as

potentially having a mental illness to be shared with the local social services mental health authority.

• Allocate $200,000 in funding to expand the CARE autism-training program for first responders statewide.

JOBS AND ECONOMIC GROWTH• Ensure equitable distribution of Broadband

Grant program funds to include unserved and underserved areas in metro-area counties.

LOCAL GOVERNMENT• Do not impose any measures that would

interfere with the ability of local governments to manage their budgets.

• Maintain or increase appropriations for programs that enhance library services throughout the state.

STATE GOVERNMENT AND ELECTIONS• Eliminate the metropolitan county exclusion

to allow mail balloting for all townships and cities with less than 400 registered voters.

• Reform the Metropolitan Council governance structure to make it accountable to a regional constituency of those impacted by its decisions.

CONTACT

Matt Smith County Manager, County Administration [email protected] (651) 438-4528

Board of CommissionersMike SlavikKathleen A. GaylordThomas A. EganJoe Atkins

Liz WorkmanMary Liz HolbergChris Gerlach

-74-



Acceptance Of Gift To Sheriff’s Office From Family Of Thomas M. Furlong

Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Regular-Action None Other Division: County Sheriff Current budget Amendment requested Department: Sheriff New FTE(s) requested Contact: Leko, Joseph Board Goal: A great place to live Contact Phone: (651) 438-4702 Public Engagement Level: N/A Prepared by: Ecker, Julie PURPOSE/ACTION REQUESTED Accept a gift in the amount of $1,300 in memory of the late Thomas M. Furlong. SUMMARY On December 27, 2018, Mr. Mike O’Rourke came to the Dakota County Sheriff’s Office to present a donation to the office on behalf of the family of Thomas M. Furlong. Mr. Furlong was a resident and business owner in Nininger Township, Dakota County. Mr. O’Rourke explained that Mr. Furlong had passed away on November 23, 2018, and that, in lieu of monetary gifts, his family had requested donations be made to law enforcement and fire personnel. Mr. O’Rourke presented numerous checks totaling $1,300 made out to the Dakota County Sheriff for that purpose. Sheriff Leslie spoke with Mrs. Carrie Furlong, wife of Thomas M. Furlong. Mrs. Furlong requested Sheriff Leslie use the funds at his discretion to supplement the operation of the Sheriff’s Office. Letters were sent on December 27, 2018, to the individual contributors to thank them for their donation to the Sheriff’s Office. RECOMMENDATION Sheriff’s Office staff recommends the County Board authorize the acceptance of the gift in memory of the late Thomas M. Furlong. EXPLANATION OF FISCAL/FTE IMPACTS Funds will be accepted as a one-time donation and used to supplement expenses incurred by the Sheriff’s Office during the current budget cycle.

-75-

12.1 - RBA.docx

1/17/2019 11:54 AM Page 2


9-246; 5/19/09 RESOLUTION WHEREAS, by Resolution No. 09-246 (May 19, 2009), it is required that gifts of real or personal property exceeding $500 in value must be accepted by resolution of the County Board; and WHEREAS, Mr. Thomas M. Furlong passed away on November 23, 2018, and his family requested donations to law enforcement and fire personnel in lieu of monetary gifts after his passing; and WHEREAS, on December 27, 2018, Mr. Mike O’Rourke came to the Sheriff’s Office to present a donation of $1,300 on behalf of the family of the late Thomas M. Furlong; and WHEREAS, the family of the late Thomas M. Furlong requested Sheriff Leslie use the funds at his discretion to supplement the operation of the Sheriff’s Office. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Sheriff is authorized to accept a gift in the amount of $1,300 from the family of the late Thomas M. Furlong to supplement the operation of the Dakota County Sheriff’s Office. County Manager’s Comments: Reviewed by (if required):

☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-76-

12.1 - RBA.docx


Closed Executive Session: Acquisition Of Parcel 8 And DU 8 (470) For County Project 26-47

Meeting Date: 1/22/2019 Fiscal/FTE Impact: Item Type: Regular-Action None Other Division: County Administration/County Board Current budget Amendment requested Department: County Administration New FTE(s) requested Contact: Smith, Matt Board Goal: Excellence in public service Contact Phone: (651) 438-4590 Public Engagement Level: N/A Prepared by: Reynolds, Jennifer PURPOSE/ACTION REQUESTED The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting. SUMMARY The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting. RECOMMENDATION The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of January 22, 2019, to discuss the following:

• the legal strategy of prosecuting Dakota County’s condemnation proceeding in District Court File No. 19HA-CV-18-137 related to Kath Fuel Oil Service Co. and its property identified as Parcel 8 and DU 8.

EXPLANATION OF FISCAL/FTE IMPACTS Fiscal impact will be discussed in closed session.

-77-

13.1 - RBA.docx

1/16/2019 2:46 PM Page 2


RESOLUTION WHEREAS, Dakota County is proceeding with County Project (CP) 26-47, which is the conversion of the existing all way stop intersection of County State Aid Highway (CSAH) 26 (70th Street) and Trunk Highway (TH) 3 (South Robert Trail) to an urban roundabout with pedestrian/bike accommodations; and WHEREAS, the County is the lead agency for the design and right of way acquisition for CP 26-47; and WHEREAS, to construct the recommended improvements, Dakota County must acquire property from Kath Fuel Oil Service Co., identified in Dakota County Right of Way Map 470 as Parcel 8 and DU 8; and WHEREAS, the County commenced the eminent domain proceeding County of Dakota v. Falcon Development Limited Partnership, et al,. District Court File No. 19HA-CV-18-137 to acquire the land necessary for CP 26-47, including Parcel 8 and DU 8; and WHEREAS, the Dakota County Board of Commissioners seeks legal advice from the County Attorney with respect to the strategy of prosecuting Dakota County’s condemnation proceeding in District Court File No. 19HA-CV-18-137 related to Kath Fuel Oil Service Co. and its property identified as Parcel 8 and DU 8, the public disclosure of which would benefit the landowners to the detriment of Dakota County’s position in this matter; and WHEREAS, pursuant to Minn. Stat. § 13D.05, subd. 3(b), the County Board by resolution may close a meeting as permitted by the attorney-client privilege. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby closes the County Board meeting on January 22, 2019, and recesses to Conference Room 3A, Administration Center, Hastings, Minnesota, to discuss with the County Attorney the legal strategy of prosecuting Dakota County’s condemnation proceeding in District Court File No. 19HA-CV-18-137 related to Kath Fuel Oil Service Co. and its property identified as Parcel 8 and DU 8.


☒

☒☒


☒☒


☐

☐☐

☐


☒☒

☒

Financial Services

☐

☐☐

☐


☒☒

☒

Risk Management

☐

☐☐

☐


☐☐

☐

Employee Relations

☐

☐☐

☐


☐☐

☐


☐

☐☐

☐


County Manager

-78-

13.1 - RBA.docx