September 4, On a motion by Commissioner Joe Atkins, seconded by Commissioner Mike Slavik, the agenda was unanimously approved.

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1 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 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. Audience Chair Gaylord asked if there was anyone in the audience that wished to address the Board on an item not on the agenda or any item on the consent agenda. No one came forward Approval Of Agenda (Additions/Corrections/Deletions) Motion: Joe Atkins Second: Mike Slavik Consent item 7.11, Transportation Authorization To Execute Contract Amendment With Bolton & Menk, Inc., For Additional Design Services On County Project 8-21, was pulled and placed on the regular agenda for discussion. On a motion by Commissioner Joe Atkins, seconded by Commissioner Mike Slavik, the agenda was unanimously approved. Presentation Recognition Of University Of Minnesota Extension Services 2018 Farm Family Of The Year Regional Extension Director Tammy McCulloch introduced Nan Bailly who represents the David Bailly Family. The David Bailly Family is the 2018 University of Minnesota Farm Family of the Year. Nan highlighted the Alexis Bailly Vineyard and winery that her father David, started in Hastings in CONSENT AGENDA Motion: Thomas A. Egan Second: Liz Workman On a motion by Commissioner Thomas A. Egan, seconded by Commissioner Liz Workman, the consent agenda was approved as follows, with item 7.11 pulled: Approval Of Minutes Of Meeting Held On August 21, 2018 Physical Development

2 Ratification Of Entitlement Funding Requests To U.S. Department Of Housing And Urban Development WHEREAS, the Dakota County Community Development Agency (CDA) administers the Community Development Block Grant (CDBG) program, HOME Investment Partnerships (HOME) program, and Emergency Solutions Grant (ESG) program for Dakota County; and WHEREAS, funds expended from previously approved projects for Fiscal Year 2013 through 2017 of the CDBG, HOME, and ESG programs, must be ratified by the Dakota County Board of Commissioners; and WHEREAS, the CDBG entitlement expenses during the timeframe of April 1, 2018 through June 30, 2018, totaled $385, and WHEREAS, the HOME entitlement expenses during the timeframe of April 1, 2018 through June 30, 2018, totaled $239,070.71; and WHEREAS, the ESG entitlement expenses during the timeframe of April 1, 2018 through June 30, 2018, totaled $113,874.87; and WHEREAS, the CDA has paid the requests for payment associated with the CDBG, HOME, and ESG programs. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby ratifies requisitions to the U.S. Department of Housing and Urban Development for $738, for April 1, 2018 through June 30, 2018, as presented Authorization To Submit Applications For Conservation Partners Legacy Grants For Natural Resource Restoration In Lebanon Hills Regional Park And Miesville Ravine Park Reserve WHEREAS, the 2008 Minnesota Constitutional Legacy Amendment increased state sales tax and dedicated new revenue to natural resources, clean water, arts, cultural heritage, and parks and trails; and WHEREAS, the Conservation Partners Legacy Grant Program was established to restore, enhance, or protect forests, wetlands, prairies, and habitat for fish, game, and wildlife; and WHEREAS, the Minnesota Department of Natural Resources (DNR) manages this program to provide competitive grants from $5,000 to $400,000 to local, regional, state, and non-profit organizations, including governmental entities; and WHEREAS, in state fiscal year 2019, $2,567,000 was dedicated to habitat projects located within the metro area; and WHEREAS, a minimum 10 percent local match is required; and WHEREAS, the Conservation Partners Legacy Metro grant cycle is now open with submittals due by September 24, 2018; and WHEREAS, both restoration projects are high priorities and are supported in the approved Natural Resource Management System Plan; and WHEREAS, staff has requested County Board consideration of two grant applications:

3 1) Project Title: Miesville Phase III Project Location: Miesville Ravine Park Reserve Project Scope: Brush/tree removal and seeding on 72 acres of historic bluff prairie and adjacent woodlands for a total project cost of $466,710. This includes a grant amount of $375,768, with a local cash and inkind match of $90,942. 2) Project Title: Holland Lake Shoreline Restoration Project Location: Lebanon Hills Regional Park Project Scope: Shoreline and upland restoration involving plant installation, canopy thinning, burning, seeding and weed control on 34 acres with a total project cost of $110,000. This includes a grant amount of $90,000, with a local cash and in-kind match of $20,000. ; and WHEREAS, subject to DNR award, the County Board at a future meeting will consider acceptance of the grants and amendment of the Parks Capital Improvement Program (CIP) budget; and WHEREAS, Local cash match funds are available from the Parks CIP within the Grant Match line item. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to submit two Conservation Partners Legacy Grant applications for the 2019 program year: 1) Project Title: Miesville Phase III Miesville Ravine Park Reserve: 72 acres with a total project cost (grant plus local match) of $466,710. 2) Project Title: Holland Lake Shoreline Restoration - Lebanon Hills Regional Park: 34 acres with a total project cost (grant plus local match) of $110, Authorization To Execute Public Overpass Agreement With Union Pacific Railroad Company For Mississippi River Regional Trail In South St. Paul County Project (Parks Project P00093) WHEREAS, in 2012, the City of Saint Paul (City), in coordination with the City of South St. Paul and Dakota County (County), finalized a Master Plan for the regional trail from Harriet Island Regional Park in Saint Paul to the Mississippi River Trail (MRT) at Kaposia Landing Park in South St. Paul; and WHEREAS, County Project (CP) (Parks Project P00093) from Harriet Island to Kaposia Landing Park will connect and reinforce the existing and proposed segments of the MRT to continue the movement towards a cross-country trail extending the entire length of the Mississippi River; and WHEREAS, to promote a safe and efficient intra-city trail system that provides both transportation and recreational trail connections between residential areas, employment centers, and the regional park system, the County is partnering with the City and the City of South St. Paul on CP (Parks Project P00093); and WHEREAS, the Parks Capital Improvement Program budget includes funding for project delivery of CP (Parks Project P00093); and WHEREAS, the construction of a public overpass within Union Pacific Railroad Company right of way requires an agreement to construct, maintain, and operate the trail; and WHEREAS, staff recommends the County Board authorize execution of a public overpass agreement with Union Pacific Railroad Company for CP (Parks Project P00093); and WHEREAS, a public overpass agreement between Union Pacific Railroad Company and the County has been prepared that outlines the terms of the proposed Overpass Agreement for the overpass structure that will carry pedestrian and bicycle traffic, including general terms and conditions, granting the right to construct, maintain and repair the bridge over Union Pacific Railroad Company right of way, the contractor's right of entry agreement, work to be performed by Union Pacific Railroad Company, insurance coverage requirements, and railroad s

4 coordination requirements. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute an Overpass Agreement with the Union Pacific Railroad Company for the portion of the Mississippi River Trail in South St. Paul within Union Pacific Railroad right of way, substantially as presented, subject to approval as to form by the County Attorney s Office Authorization To Execute Contract With Wenck Associates, Inc., To Provide Construction Management Services For Thompson Lake Contaminated Sediment Removal And Stormwater Improvement Project In City Of West St. Paul WHEREAS, the Thompson County Park Master Plan identifies Thompson Lake as a critical resource for the park as it enhances recreational use and provides scenic views within the park; and WHEREAS, Thompson Lake water quality improvements are identified as a critical long-term park goal with the potential to provide further recreational value and benefit to the region; and WHEREAS, several studies have been conducted on Thompson Lake and identified contamination of the lake with Polycyclic Aromatic Hydrocarbons which are produced by chemicals from now-banned asphalt driveway products; and WHEREAS, in December 2015, the Lower Mississippi River Watershed Management Organization (LMRWMO), in conjunction with the City of West St. Paul, received a grant from the Board of Water and Soil Resources Clean Water Fund for cleanup of the stormwater that flows into Thompson Lake; and WHEREAS, the County environmental cleanup project is proposed to work in parallel with the LMRWMO s project timeframe to maximize the water quality improvement and project outcomes; and WHEREAS, by Resolution No (January 24, 2017), the Dakota County Board of Commissioners approved a contract with Tetra Tech, Inc., (with Civil Methods, Inc., as subconsultants) for engineering consulting services for the inlet and delta portions of Thompson Lake contaminant sediment removals and implementation of stormwater practices; and WHEREAS, by Resolution No (August 1, 2017), the Dakota County Board of Commissioners approved the expansion of the scope of the project to include the cleanup of the lake bed portion in conjunction with the existing project; and WHEREAS, Tetra Tech, Inc., has finalized the project design, and the project is currently out for bidding to secure a contractor to construct the project; and WHEREAS, because of the relatively large scope and varied technical components within the project, staff also prepared a request for proposal (RFP) to provide on-site construction management services.; and WHEREAS, staff recommends entering into contract with Wenck Associates, Inc., based on their qualifications, key personnel, experience and cost in terms of the requirements as outlined in the RFP; and WHEREAS, these services will provide oversight and documentation of detailed construction activities including daily construction observation and invoice review; and WHEREAS, Wenck Associates, Inc., will provide the requested services for an amount not to exceed $112,514; and

5 WHEREAS, the work is identified in the approved Parks and Greenway Capital Improvement Program budget, and the current balance of the budget is sufficient to cover the cost of the work. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a contract with Wenck Associates, Inc., to provide construction management services for the Thompson Lake Contaminated Sediment Removal and Stormwater Improvement Project in the City of West St. Paul in the amount not to exceed $112,514, subject to approval by the County Attorney s Office as to form Scheduling Of Public Hearing To Receive Comments On Proposed Drawdown Of Thompson Lake For Construction Of Contaminated Sediment Removals And Stormwater Improvement Project In Thompson County Park WHEREAS, the Thompson County Park Master Plan identifies Thompson Lake as a critical resource for the park as it enhances recreational use and provides scenic views within the park; and WHEREAS, Thompson Lake water quality improvements are identified as a critical long-term park goal with the potential to provide further recreational value and benefit to the region; and WHEREAS, several studies have been conducted on Thompson Lake and identified contamination of the lake with Polycyclic Aromatic Hydrocarbons which are produced by chemicals from now-banned asphalt driveway products; and WHEREAS, in December 2015, the Lower Mississippi River Watershed Management Organization (LMRWMO), in conjunction with the City of West St. Paul, received a grant from the Board of Water and Soil Resources Clean Water Fund for cleanup of the stormwater that flows into Thompson Lake; and WHEREAS, the County environmental cleanup project is proposed to work in parallel with the LMRWMO s project timeframe to maximize the water quality improvement and project outcomes; and WHEREAS, by Resolution No (January 24, 2017), the Dakota County Board of Commissioners approved a contract with Tetra Tech, Inc., (with Civil Methods, Inc., as subconsultants) for engineering consulting services for the inlet and delta portions of Thompson Lake contaminant sediment removals and implementation of stormwater practices; and WHEREAS, by Resolution No (August 1, 2017), the Dakota County Board of Commissioners approved the expansion of the scope of the project to include the cleanup of the lake bed portion in conjunction with the existing project; and WHEREAS, Tetra Tech, Inc., has finalized the project design, and the project is currently out for bidding to secure a contractor to construct the project; and WHEREAS, a public hearing is required for temporary project related lake drawdowns in accordance with Minn. Stat. 103G.408 and Minnesota Department of Natural Resources construction permit for this project. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby schedules a public hearing at 9:00 a.m. on September 18, 2018, in the Boardroom of the Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota to receive comments on the proposed temporary lake drawdown; and

6 BE IT FURTHER RESOLVED, That Dakota County staff is hereby directed to publish notice of the public hearing and the County Board s intent in the newspaper of general circulation in West St. Paul, the South-West Review Authorization To Accept Donated Regional Greenway Trail Easement From Continental 432 Fund LLC WHEREAS, Continental 432 Fund LLC is developing a 12.4-acre site at the northeast corner of Pilot Knob Road and County State Aid Highway 46 (160 th Street West) in the City of Apple Valley; and WHEREAS, an outlot, with two infiltration basins and provisions for a 10-foot wide, 630-foot long paved trail, is included in the development plan; and WHEREAS, the Apple Valley City Council (City Council) approved the preliminary plat and planned urban development on May 10, 2018, with a provision for donating an easement to the County for a paved trail through the outlot; and WHEREAS, by Resolution No (June 19, 2018), the County Board approved the plat; and WHEREAS, the final plat and Development Agreement received City Council approval on July 26, 2018; and WHEREAS, Continental 432 Fund LLC is willing to donate a 630-foot long regional trail easement to the County for the North Creek Regional Greenway; and WHEREAS, County staff and Continental 432 Fund LLC agreed to the trail easement terms that include the County constructing a 10-foot wide paved trail and then maintaining the trail and adjacent areas. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners accepts the donated regional greenway trail easement from Continental 432 Fund LLC; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a purchase agreement to acquire the regional trail easement from Continental 432 Fund LLC, subject to approval by the County Attorney s Office as to form Authorization To Execute Contract For 2018 Countywide Office Space Reconfiguration Project With Brennan Construction Of Minnesota, Inc. WHEREAS, the Countywide Office Space Study was completed in September 2017, and outlined short-, mid- and long-term strategic planning with respect to office spaces throughout the County; and WHEREAS, the short-term strategies will allow for efficient use of office space for the next three-to-five years based on anticipated growth and service delivery impacting 230 offices and cubicles; and WHEREAS, on April 24, 2018 (Resolution No ), the County Board approved combining the budget from several completed projects into one consolidated project to address the short-term needs; and WHEREAS, bid documents and specifications were prepared by Wold Architects and Engineers; and WHEREAS, four competitive bids were received on August 9, 2018; and WHEREAS, Brennan Construction of Minnesota, Inc., has submitted the low bid of $676,000; and

7 WHEREAS, County staff and Wold Architects and Engineers have reviewed the qualifications of the bidder and recommend award to Brennan Construction of Minnesota, Inc., as the lowest responsive and responsible bidder, in an amount not to exceed $676,000 for the 2018 Countywide Office Space Reconfiguration Project; and WHEREAS, sufficient funds are available within the project budget. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Operations Management Director to execute a contract for the 2018 Countywide Office Space Reconfiguration Project to Brennan Construction of Minnesota, Inc., 5275 Edina Industrial Boulevard, Suite 201, Edina, MN in an amount not to exceed $676,000, subject to approval by the County Attorney s office as to form; and BE IT FURTHER RESOLVED, That the Operations Management Director is authorized to amend the contract and increase the amount by up to an additional 10 percent if necessary for unanticipated costs Authorization To Issue Of Limited Use Permit To Arrow Mower, Inc., For Construction And Use Of Driveway On Property Acquired For Wentworth Library In City Of West St. Paul WHEREAS, Dakota County owns Outlot A, Wentworth Place (PID # ) along the north side of County State Aid Highway (CSAH) 8 (Wentworth Avenue) in West St. Paul, which was originally acquired for the Wentworth Library; and WHEREAS, this parcel was part of a larger parcel of land that was subdivided through a plat (Wentworth Place) by Dakota County and the City of West St. Paul (City) Economic Development Authority (EDA) in 2006; and WHEREAS, Resolution No (June 21, 2005), authorized a purchase agreement with the City EDA, which allowed the City to plat the right of way needed to construct and maintain Crawford Drive as part of a larger development proposal; and WHEREAS, Dakota County and the City partnered to improve Wentworth Avenue as part of the reconstruction of Robert Street in 2015 and 2016 (County Project (CP) ); and WHEREAS, authorization to enter into a Limited Use Permit for this site was previously approved by the County Board on June 20, 2017 (Resolution No ); and WHEREAS, staff was unable to reconcile terms with the owner of Arrow Mower, Inc., at the time; and WHEREAS, since the terms of the permit have substantially changed, staff is requesting the County Board approve a new Limited Use Permit, with revised terms; and WHEREAS, CP included improvements to Wentworth Avenue that added a center median for safety; and WHEREAS, with the median now installed on Wentworth Avenue, deliveries to the business at 141 Wentworth Avenue (Arrow Mower, Inc.), the property adjacent to Outlot A, Wentworth Place, block traffic on Wentworth Avenue; and WHEREAS, a driveway connection to Crawford Drive from Arrow Mower, Inc., through Outlot A, Wentworth Place would allow deliveries to the property to occur with minimal impact to the operation and safety of Wentworth Avenue; and

8 WHEREAS, a driveway connection to Crawford Drive from Arrow Mower, Inc., can only occur through Outlot A, Wentworth Place; and WHEREAS, the purchase agreement with the City EDA includes a condition that if the property at 141 Wentworth Avenue were to redevelop, all access to the property would occur on Crawford Drive; and WHEREAS, Outlot A, Wentworth Place may have value for Dakota County in the future for the River to River Greenway; and WHEREAS, the City is willing to permit a driveway for Arrow Mower, Inc., on Crawford Drive; and WHEREAS, a limited use permit would allow a driveway to be constructed and used by Arrow Mower, Inc., without changing the County s rights and privileges in owning the property. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the issuance of a limited use permit to Arrow Mower, Inc., for construction and use of a driveway on Outlot A, Wentworth Place (PID # ); and BE IT FURTHER RESOLVED, That this resolution supersedes Resolution No (June 20, 2017), due to changes in the terms of the agreement Authorization To Execute Lease Agreement Between Dakota County And Westview Shopping Center, LLC, For Library Space In Hastings, Minnesota WHEREAS, the Dakota County Board of Commissioners must approve all leases; and WHEREAS, the Pleasant Hill Library will be closed due to renovation for approximately 10 months; and WHEREAS, staff has negotiated a space lease for a temporary library with the Westview Mall in close proximity to the current library location; and WHEREAS, this space was formerly occupied by Sears, and staff has determined that leasing 6,834 square feet plus an additional 800 square feet for storage provides a level of service that will most cost effectively provide for children s programming and core library services; and WHEREAS, the temporary library will be open normal library hours with access to the common restrooms during our normal business and staff working hours; and WHEREAS, Facilities Management, Public Service and Revenue, along with Library staff, have agreed to terms with the Westview Shopping Center, LLC; and WHEREAS, the rental rates are comparable to County-owned space lease rates for similar space; and WHEREAS, the County Board finds that the lease is consistent with the County s interest in providing library services during renovation projects. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Operations Management Director to execute a lease agreement with the Westview Shopping Center, LLC, substantially as presented, according to the following rental rates, subject to approval by the County Attorney s Office as to form:

9 October 1, 2018 through July 31, 2019 Rent - $4,400 per month Estimated Utilities - $2,490 per month Option to continue monthly after August 1, 2019, which matches the initial 10-month term above Authorization To Execute Lease Agreement Between Dakota County And City Of Lakeville For Library And License Center Space In Lakeville, Minnesota WHEREAS, the Dakota County Board of Commissioners must approve all leases; and WHEREAS, the Heritage Library and License Center will be closed due to renovation for approximately 10 months; and WHEREAS, staff has negotiated a space lease for a temporary library and license center with the City of Lakeville in close proximity to the current library location; and WHEREAS, this space will primarily serve the license center customers with a small area for library materials pick-up and drop off; and WHEREAS, the space will be open during normal City business hours Monday through Friday; and WHEREAS, Facilities Management, Public Service and Revenue, and Library staff have agreed to terms with the City of Lakeville; and WHEREAS, the rental rates are comparable to County-owned space lease rates; and WHEREAS, the County Board finds that the lease is consistent with the County s interest in providing license center and limited library services during renovation projects. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Operations Management Director to execute a lease agreement with the City of Lakeville, substantially as presented, according to the following rental rates, subject to approval by the County Attorney s Office as to form: November 15, 2018 through October 31, 2019 Rent - $1,500 per month up to no later than October 31, Authorization Of Amendment To Contract Amendment With R.L. Larson Excavating, Inc., For County Project In Inver Grove Heights WHEREAS, to promote a safe and efficient transportation system, Dakota County and the City of Inver Grove Heights partnered on County Project (CP) realigning and reconstructing County State Aid Highway (CSAH) 28/63 (Argenta Trail) to a four-lane divided highway from CSAH 28 (Yankee Doodle Road) to Amana Trail; and WHEREAS, all contract work is complete, and final contract costs have been submitted by the contractor and verified by staff; and WHEREAS, due to the amount of the additional costs incurred, the County Board must approve this contract amendment; and

10 WHEREAS, on March 7, 2017 (Resolution No ), the County Board approved a construction contract with R. L. Larson Excavating, Inc., in the amount of $5,759,652; and WHEREAS, contract costs have increased by $203,950, or 3.4 percent, above the original contract amount of the bid; and WHEREAS, several contract items have increased quantities over what was anticipated in the project plans including clearing and grubbing, aggregate, paving, and traffic control; and WHEREAS, sufficient funds are available in the original project identified in the 2018 Transportation Capital Improvement Program budget for CP 63-25; and WHEREAS, staff recommends authorizing a contract amendment with R.L. Larson Excavating, Inc., in the amount of $203,950. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute a contract amendment with R. L. Larson Excavating, Inc., for $203,950 for additional contract costs on County Project 63-25, increasing the maximum contract amount to $5,693,602, subject to approval by the County Attorney s Office as to form 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: WILD WINGS Lakeville Award Of Bid And Authorization To Execute Contract With Max Steininger, Inc., For County Project In City Of Rosemount And Amend Transportation Capital Improvement Program Budget WHEREAS, to provide a safe and efficient transportation system, Dakota County is partnering with the Minnesota Department of Transportation (MnDOT) and the City of Rosemount (City) for County Project (CP) ; and WHEREAS, CP is the construction of dedicated left turn lanes on Trunk Highway (TH) 55 onto County State Aid Highway (CSAH) 42 and Fahey Avenue in Rosemount; and

11 WHEREAS, pursuant to advertisement, four bids were received for CP on August 7, 2018; and WHEREAS, the bid from Max Steininger, Inc., in the amount of $959,982.71, was the lowest responsive and responsible bid received; and WHEREAS, $593,000 in Municipal Agreement funding for construction and construction observation was awarded to CP ; and WHEREAS, costs will be shared in accordance with County policy; and WHEREAS, the 2018 Transportation Capital Improvement Program (CIP) budget includes $824, funds for the design, right of way, and construction of CP ; and WHEREAS, original estimate for the total project was based on a preliminary cost calculation that did not account for certain project complexities including guard rail to protect existing utilities, new infiltration basins and a temporary signal which increased the CP estimate cost to $760,757.05; and WHEREAS, staff recommends awarding the bid to and executing a contract with Max Steininger, Inc., in the amount of $959,982.71; and WHEREAS, staff recommends amending the 2018 Transportation CIP budget to account for the increased project costs. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby awards the bid to and authorizes the Physical Development Director to execute the contract with Max Steininger, Inc., for County Project , in the amount of $959,982.71, based on their low bid, subject to approval by the County Attorney s Office as to form; and BE IT FURTHER RESOLVED, That the approved 2018 Transportation Capital Improvement Program budget is hereby amended as follows: Revenue Transportation Use of Fund Balance $245,300 City of Rosemount $200,700 Total Revenue $446,000 Expense County Project $446,000 Total Expense $446, Rejection Of Bids Received For County Project In City Of Inver Grove Heights WHEREAS, to provide a safe and efficient transportation system, Dakota County is partnering with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights (City) for County Project (CP) 26-47; and WHEREAS, Dakota County is the co-lead agency with MnDOT for CP with construction scheduled to begin in September 2018; and WHEREAS, CP is the conversion of the existing all-way stop intersection at 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

12 WHEREAS, staff has been coordinating this work with MnDOT to achieve efficiencies in design and construction and to reduce the inconvenience to the traveling motorists; and WHEREAS, the County will be the lead agency for the project and will be responsible for completing all contract administration, right of way acquisition, plans and specifications, and construction administration work necessary to complete the project; and WHEREAS, pursuant to advertisement, two bids were received for CP on July 31, 2018; and WHEREAS, due to the unexpected high bids and the low bid in the amount of $4,799, exceeds the engineer s estimate by $846, or 21 percent; and WHEREAS, it is anticipated the County will receive more competitive bids if re-advertised and bids, are opened in late 2018 or early 2019 for construction in 2019 when contractor s 2019 schedules have not been filled; and WHEREAS, staff recommends, with concurrence from the City of Inver Grove Heights, that the bids be rejected; and WHEREAS, CP will be advertised for bids in late 2018 or early 2019 for summer 2019 construction. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby rejects the bids received for County Project Authorization To Release Conservation Easement On Smith Partnership Property And Accept Donated Fee Title On Portion Of Smith Partnership Property WHEREAS, Mikell D. Smith Irrevocable Trust and the MJFH Smith Family Limited Partnership (Smith Partnership) own approximately 103 acres of land in the City of Lakeville (City) located on both sides of a section of North Creek and a main tributary to North Creek, including over 1,500 feet of the main North Creek tributary; and WHEREAS, the Smith Partnership property included a critical segment of the proposed North Creek Regional Greenway (Regional Greenway) and an adjoining natural area corridor; and WHEREAS, by Resolution No (July 8, 2014), the Dakota County Board of Commissioners authorized staff to appraise and negotiate acquisition of a Regional Greenway corridor and a permanent, natural area conservation easement (Easement) on the Smith Partnership property; and WHEREAS, by Resolution No (March 21, 2017), the Dakota County Board of Commissioners authorized fee title acquisition of a 4.5-acre portion of the Smith Partnership property for the Regional Greenway and acquisition of a 7.4-acre Easement for wildlife habitat, water quality and open space purposes, which included a provision for the landowner to donate fee title of the Easement area to the County when the adjoining land was developed; and WHEREAS, the County acquired the 4.5-acre portion of the Smith Partnership property for the Regional Greenway and acquired a 7.4-acre Easement on August 2, 2017; and WHEREAS, the County intended to use Minnesota Law 2014 Outdoor Heritage (OH) funds to pay for the majority of the Easement acquisition costs; and

13 WHEREAS, use of OH funds requires that the County record a Notice of Funding Restriction (NOFR) stating that the County will receive prior written approval from the Lessard-Sams Outdoor Heritage Council (LSOHC) if the property interest is proposed to be sold or transferred; and WHEREAS, the County recorded the NOFR as required; and WHEREAS, the Smith Partnership entered into a purchase agreement with a company for residential development of a portion of their property that includes the Easement; and WHEREAS, during the development planning process it was determined that the location of the main tributary channel had shifted, which required relocation of the Vermillion River Watershed Joint Powers Organization s (VRWJPO) 100-foot wide, no development buffer; and WHEREAS, with the relocation of the VRWJPO buffer, the majority of the Easement area could not be developed and the market value of the Easement was reduced to nearly zero; and WHEREAS, the Smith Partnership has offered to refund the $28,330 County payment for the Easement and associated closing costs to release the Easement and has requested that the County accept donated fee title to 6.0 acres of the existing Easement legally defined as Outlot C of the WildWings Plat of record; and WHEREAS, the proposed donated land is adjacent to the 4.5-acre County Park conservation area North Creek Unit and would be an expansion of the existing County Park conservation area; and WHEREAS, an 2.0-acre area adjacent to the proposed donated land would be dedicated as a City property legally defined as Outlot B of WildWings Plat of record; and WHEREAS, the 2.0 City property, which will include ponds constructed by the developer and maintained by the City, would protect additional land and be an natural resource asset to the Greenway corridor; and WHEREAS, the proposed 6.0-acre donated Smith Partnership property would be subject to a legally defined, 10- foot wide City maintenance access easement to allow the City to maintain the ponds; and WHEREAS, the City maintenance access easement would also provide access for County staff to manage natural resources within the County Park conservation area and provide an opportunity for the public to walk through the corridor; and WHEREAS, the County is required to follow Minn. Stat. section , which states that there be a County Board resolution associated with the receipt of donated land; and WHEREAS, there were no OH funds used or requested to reimburse the County for Easement acquisition costs for; and at its August 3, 2018, meeting, the LSOHC unanimously approved the rescission of the recorded NOFR for the Easement. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby releases the Easement on the Smith Partnership property and accepts reimbursement of the $28,330 expended by the County to acquire the Easement in 2017, subject to a Plat of record; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby accepts donation of fee title to 6.0 acres from the Smith Partnership, subject to a 10-foot wide City of Lakeville maintenance access easement; and

14 BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners designates the donated Smith Partnership property as an expansion of the existing County Park Conservation Area North Creek Unit; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Division Director to execute a purchase agreement for the 6.0-acre Park Conservation Area North Creek Unit expansion, subject to approval by the County Attorney s Office as to form; and BE IT FURTHER RESOLVED, That the 2018 Environmental Resources Capital Improvement Program (CIP) budget is hereby amended as follows: Revenue Reimbursement by the Smith Partnership for acquisition of 7.4-acre Smith Partnership Easement (LC20008) $ 28,330 Use of Fund Balance $(28,330) Total Revenue $0 Ayes: 6 Nays: 0 Abstain: 1 Thomas A. Egan Public Services And Revenue Approval Of Application For Assemblage Of Large Numbers Of People License For Valek Auction Service WHEREAS, an application has been submitted by Valek Auction Service for an auction located at the Dakota County Fairgrounds in Castle Rock Township; and WHEREAS, the Dakota County Board of Commissioners is the local governing body having jurisdiction over the proposed license; and WHEREAS, the application has been reviewed for compliance with County Ordinance No. 112 and is recommended for approval by the Public Services and Revenue Division, Public Health Department, Risk Management and Sheriff s Office; and WHEREAS, Castle Rock Township approved the application on August 13, NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the application for Assemblage of Large Numbers of People license received from Valek Auction Service, to hold an auction at the Dakota County Fairgrounds in Castle Rock Township on September 28, 2018 at 9:00 a.m., as recommended by County staff and authorizes Public Services and Revenue Division to issue the license upon payment of the proper fees Authorization To Commence Eviction Actions To Recover Tax-Forfeited Properties WHEREAS, the following properties forfeited to the State of Minnesota on October 2, 2017, for non-payment of property taxes: PID: Former Owner(s): Dawn Degrote PID: Former Owner(s): Jeffrey A. Martens and Lucille A. Bauer

15 PID: Former Owner(s): Mary C. Daubney PID: Former Owner(s): Brian Waldroff PID: Former Owner(s): Michael D. Heuer ; and WHEREAS, the former owners were sent, by certified mail, notices indicating the properties had forfeited to the State of Minnesota for non-payment of property taxes and advised of the opportunity to apply to repurchase the property; and WHEREAS, to date, the former owners have not executed an Application to Repurchase with Dakota County staff; and WHEREAS, inhabitants, being the former owners, are unlawfully retaining possession of the property. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Property Taxation and Records Department, with assistance from the County Attorney s Office, to commence eviction actions to recover the above-mentioned tax-forfeit properties. REGULAR AGENDA Authorization To Execute Contract Amendment With Bolton & Menk, Inc., For Additional Design Services On County Project 8-21 This item was pulled from the consent agenda for discussion. Commissioner Kathleen A. Gaylord provided clarification regarding the federal funds. Recommended changes were made to the resolution. Changes are included in the resolution below. Motion: Liz Workman Second: Mary Liz Holberg WHEREAS, Dakota County and the City of West St. Paul (City) propose to proceed with County Project (CP) 8-21, a cooperative highway project to reconstruct County State Aid Highway (CSAH) 8; and WHEREAS, CP 8-21 consists of the reconstruction of CSAH 8 between CSAH 63 and Humboldt Avenue; and WHEREAS, on May 2, 2017 (Resolution No ), the County Board authorized the execution of a contract with Bolton & Menk, Inc., for $404,899; and WHEREAS, the City applied for federal funds for CP 8-21 through the 2016 Regional Solicitation; and WHEREAS, the project was not awarded federal funding based on the original scoring; and WHEREAS, on December 13, 2017, the Metropolitan Council concurred with the Transportation Advisory Board action to amend the Transportation Improvement Program to add the City of West St. Paul s Wentworth trail project in the amount of $984,000 of federal funds to CP 8-21, due to a scoring error on another project; and

16 WHEREAS, the design of CP 8-21 needs to comply with federal requirements in order to utilized federal funds; and WHEREAS, an amendment to the design contract is necessary to include additional tasks to satisfy federal requirements; and WHEREAS, staff negotiated an amount of $91,295 with Bolton & Menk, Inc., to complete the work necessary to satisfy federal requirements; and WHEREAS, the Capital Improvement Program budget includes sufficient funding; and WHEREAS, the County is the lead agency for CP 8-21 with construction scheduled for the summer of NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to amend the contract with Bolton & Menk, Inc., to perform additional design services for County Project 8-21 in an amount not to exceed $496,194, including reimbursable items, subject to approval by the County Attorney s Office as to form. County Board/County Administration Appointment To Public Art Citizen Advisory Committee Motion: Thomas A. Egan Second: Joe Atkins BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints the following person to the Public Art Citizen Advisory Committee for a two-year term ending December 31, 2019: District At-large Name Megan Casselman-Condon Appointment To Dakota-Scott Workforce Development Board Motion: Chris Gerlach Second: Mike Slavik BE IT RESOLVED, That the Dakota County Board of Commissioners hereby appoints the following individual to the Dakota-Scott Workforce Development Board for the two-year term ending June 30, Representing Private sector Name Sarah Menke Physical Development

17 Certification Of 2019 Vermillion River Watershed Management Tax District Proposed Tax Levy Vermillion River Watershed Administrator Mark Zabel briefed this item and responded to questions. Motion: Mike Slavik Second: Mary Liz Holberg WHEREAS, by Resolution No (June 25, 2002), the Dakota County Board of Commissioners approved a joint powers agreement between Dakota County and Scott County to govern the Vermillion River Watershed; and WHEREAS, the joint powers agreement establishes a Joint Powers Board consisting of two commissioners from Dakota County and one from Scott County; and WHEREAS, funding is needed for Dakota County s share of costs associated with managing the Vermillion River Watershed; and WHEREAS, by Resolution No (June 4, 2002), the Dakota County Board of Commissioners established the Vermillion River Watershed Management Tax District, through Ordinance No. 127, to fund Dakota County s share of costs associated with managing the Vermillion River Watershed; and WHEREAS, approval and adoption of the Watershed Management Plan, as required by Minn. Stat. Ch. 103B, occurred in June, 2016; and WHEREAS, the joint powers agreement states that the Vermillion River Watershed Joint Powers Board will adopt a budget and recommend a levy for each county by September 1 of each year; and WHEREAS, on August 23, 2018, the Vermillion River Watershed Joint Powers Board adopted a proposed budget of $2,185,200, including the use of 2018 fund balance and grant revenues, and recommended that Dakota County s levy be $912,900 and Scott County s levy be $35,100; and WHEREAS, Dakota County must certify a levy on the Watershed Management Tax District by September 15, 2018, to be effective for taxes payable in 2019; and WHEREAS, the final 2019 levy for the Watershed Management Tax District will be presented to the Dakota County Board of Commissioners in December NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby certifies the Vermillion River Watershed Management Tax District proposed levy in the amount of $912,900 for taxes payable in Update On 2018 Transportation Capital Improvement Construction Projects Transportation Construction Engineer Jeannine Briol briefed this item and responded to questions. This item was on the agenda for informational purposes only. Public Services And Revenue Acceptance Of Gifts To Dakota County Library Director of Public Service and Revenue Tom Novak briefed this item and responded to questions. Motion: Thomas A. Egan Second: Liz Workman

18 WHEREAS, the Dakota County Board of Commissioners, by Resolution No (August 12, 2014), delegated to the Dakota County Library Advisory Committee the authority to accept gifts of personal property of not more than $ for public purposes; and WHEREAS, Brian and Kari Eickhoff donated $2, for renovation of the Galaxie Children s area and the ilab; and WHEREAS, this donation will greatly enrich the capacity of Dakota County Library to offer valuable materials and programs to customers; and WHEREAS, the Dakota County Library Advisory Committee recommends acceptance of this gift. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts from Brian and Kari Eickhoff $2, for renovation of the Galaxie Children s area and the ilab; and BE IT FURTHER RESOLVED, That the adopted 2018 Library budget is hereby amended as follows: Revenue Galaxie Library Gifts $2, Total Revenue $2, Expense Galaxie Library Gifts $2, Total Expense $2, Acceptance Of Gifts To Dakota County Library Motion: Thomas A. Egan Second: Chris Gerlach WHEREAS, the Dakota County Board of Commissioners, by Resolution No (August 12, 2014), delegated to the Dakota County Library Advisory Committee the authority to accept gifts of personal property of not more than $ for public purposes; and WHEREAS, Friends of the Galaxie Library donated $1, for the purchase of Burgeon panels in the Galaxie Children s area; and WHEREAS, this donation will greatly enrich the capacity of Dakota County Library to offer valuable materials and programs to customers; and WHEREAS, the Dakota County Library Advisory Committee recommends acceptance of this gift. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts from the Friends of the Galaxie Library the donation of $1, for Burgeon panels in the Galaxie Children s area; and BE IT FURTHER RESOLVED, That the adopted 2018 Library budget is hereby amended as follows: Revenue Galaxie Library Gifts $1, Total Revenue $1, Expense Galaxie Library Gifts $1, Total Expense $1,520.00

19 Acceptance Of Gifts To Dakota County Library Motion: Joe Atkins Second: Mary Liz Holberg WHEREAS, the Dakota County Board of Commissioners, by Resolution No (August 12, 2014), delegated to the Dakota County Library Advisory Committee the authority to accept gifts of personal property of not more than $ for public purposes; and WHEREAS, John Schneider donated $ to the Inver Glen Library in memory of Dolores Schneider; and WHEREAS, this donation will greatly enrich the capacity of Dakota County Library to offer valuable materials and programs to customers; and WHEREAS, the Dakota County Library Advisory Committee recommends acceptance of this gift. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts from John Schneider $ for the Inver Glen Library in memory of Dolores Schneider; and BE IT FURTHER RESOLVED, That the adopted 2018 Library budget is hereby amended as follows: Revenue Inver Glen Library Gifts $ Total Revenue $ Expense Inver Glen Library Gifts $ Total Expense $ Acceptance Of Gifts To Dakota County Library Motion: Joe Atkins Second: Mary Liz Holberg WHEREAS, the Dakota County Board of Commissioners, by Resolution No (August 12, 2014), delegated to the Dakota County Library Advisory Committee the authority to accept gifts of personal property of not more than $ for public purposes; and WHEREAS, Friends of the Inver Glen Library donated $1, for summer programming at Inver Glen; and WHEREAS, this donation will greatly enrich the capacity of Dakota County Library to offer valuable materials and programs to customers; and WHEREAS, the Dakota County Library Advisory Committee recommends acceptance of this gift. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby accepts from the Friends of the Inver Glen Library the donation of $1, for summer programming at Inver Glen; and BE IT FURTHER RESOLVED, That the adopted 2018 Library budget is hereby amended as follows: Revenue Inver Glen Library Gifts $1, Total Revenue $1,370.00

20 Expense Inver Glen Library Gifts $1, Total Expense $1, Closed Executive Session Closed Executive Session: Acquisition Of Property From Bonnie And James Simon For County Project Motion: Thomas A. Egan Second: Mike Slavik WHEREAS, County Project (CP) is the construction of an interchange at the intersection of Trunk Highway (TH) 52 and County State Aide Highway (CSAH) 86 in Hampton and Randolph Townships; and WHEREAS, Dakota County is responsible for all right of way acquisition and construction administration on this project; and WHEREAS, to construct the recommended improvements, Dakota County acquired property from Bonnie and James Simon, identified in Dakota County Right of Way Map 410 as Parcels 5, 10, 11, 16, and 19; and WHEREAS, to construct the recommended improvements, Dakota County must also acquire property from Bonnie and James Simon, identified in Dakota County Right of Way Map 410 as Parcels 4, 4B, 5A, 16A, and 19A; and WHEREAS, the Dakota County Board of Commissioners seeks legal advice from the County Attorney with respect to the strategy of prosecuting this matter, the public disclosure of which would benefit the landowner and his counsel 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, and recesses to Conference Room 3A, Administration Center, Hastings, Minnesota, in order to discuss with the County Attorney the legal strategy of accomplishing Dakota County s acquisition of property rights from Bonnie and James Simon identified in Dakota County Right of Way Map 410 as Parcels 4, 4B, 5, 5A, 10, 11, 16, 16A, 19, and 19A for County Project The time being 9:40 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 accomplishing Dakota County s acquisition of property rights from Bonnie and James Simon identified in Dakota County Right of Way Map 410 as Parcels 4, 4B, 5, 5A, 10, 11, 16, 16A, 19, and 19A for County Project 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 Jeni Reynolds, Sr. Administrative Coordinator to the Board