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9/20/16 Scott County Board Meeting Agenda
9/20/16 Scott County Board Meeting Agenda
AGENDA
SCOTT COUNTY
BOARD OF COMMISSIONERS
SHAKOPEE, MINNESOTA
SEPTEMBER 20, 2016
9:00 a.m.
(1)
(2)
(3)
(4)
(5)
(6)
CONSENT AGENDA
Manage Challenges and Create Opportunities
6.1
Approve the Grant Application to the Minnesota Department of Human Services for
Housing Support for Adults With Serious Mental Illness (No fiscal impact)
6.2
Approve the Service Agreement Renewal With Thomas Allen, Inc. for Contracted Case
Management Services (No fiscal impact)
6.3
Approve the Service Agreement With Pinnacle Services for Contracted Case
Management Services (No fiscal impact)
6.4
Approve the Request for Rezoning of the Carol Connelly Trust in Section 11 of Helena
Township (No fiscal impact)
6.5
Approve the Request for Rezoning for David Pieper in Section 2 of Sand Creek Township
(No fiscal impact)
6.6
6.7
6.8
Approve the Request for Rezoning, Preliminary Plat, and Final Plat of E & W Estates in
Section 28 of Spring Lake Township (No fiscal impact)
Approve the Request for Conditional Use Permit for Kevin and Julie Studnicka in Section
21 of Blakeley Township (No fiscal impact)
Adopt Resolution No. 2016-168; Awarding a Contract to Chard Tiling & Excavating, Inc.
for the County Highway 60 Reconstruction Project in Blakeley Township (No fiscal impact)
(7)
(8)
(9)
(10)
(11)
(12)
ADJOURN
FOLLOWING THE MEETING THE BOARD WILL MEET AS THE REGIONAL RAIL AUTHORTY.
FOLLOWING THE REGIONAL RAIL AUTHORITY MEETING, THE COUNTY BOARD WILL MEET IN A
WORKSHOP SETTING TO RECEIVE INFORMATION ON THE TRUNK HIGHWAY 13 CORRIDOR STUDY
UPCOMING MEETINGS
**September 27, 2016
October 4, 2016
October 11, 2016
October 18, 2016
(952) 496-8100
**A regular County Board meeting has been added to the calendar for September 27, 2016.
MINUTES
BOARD OF COMMISSIONERS
COUNTY OF SCOTT
SEPTEMBER 6, 2016
(1) The Board of Commissioners, in and for the County of Scott, Minnesota, met in the Courthouse Board
Room in the City of Shakopee, Minnesota, and convened at 9:00 a.m., with the following members present:
Commissioner Marschall, presiding, Commissioner Wagner, Commissioner Wolf, Commissioner Beard and
Commissioner Ulrich.
(2)
Commissioner Marschall reviewed the opportunities the public has had to provide comment on this
request. She explained why further public comment will not be taken at todays meeting. She acknowledged
that the City of Jordan and Sand Creek Township have requested to be allowed to provide comment today;
however, the Board does not want to give the impression that only certain people would be allowed to speak.
Commissioner Wagner stated this is a similar situation as to when the Environmental Impact Statement
was being acted on. At that time, the former Sand Creek Town Board Chair was allowed to provide comment
and he feels it would be appropriate for the current Sand Creek Town Board Chair to be allowed to speak.
Commissioner Wagner compared this to a jury trial with only the plaintiff being allowed to give closing
arguments.
Discussion followed with Commissioner Marschall stating because something was done before does not
mean it pertains to this meeting. Commissioners Beard and Wolf asked if the Sand Creek Town Board spoke,
would the County Board be allowed to ask questions. Commissioner Beard added he would agree with the
Chairs call. Commissioner Ulrich stated the Board announced that public comment would not be taken at
todays meeting and should stay with its original decision.
(6) Minutes:
On a motion by Commissioner Ulrich, seconded by Commissioner Wolf, the Minutes of August 16, 2016
were approved.
(7) Manage Challenges and Create Opportunities:
Planning Manager Brad Davis presented the request for an Interim Use Permit (IUP) for mining for S.M.
Hentges & Sons, Inc. and Jordan Gravel, LLC. Mr. Davis stated the Board will be asked to give direction in the
form of a motion as to how to proceed on this request. The Board will take final action at its September 20,
2016 meeting. The Boards direction will be for staff to come back with findings of fact to approve the request
and the stated reasons for the approval or to come back with findings of fact to deny the request and the stated
reasons for the denial.
Mr. Davis provided a summarized history of the project which was first proposed in 2009. Mr. Davis stated
the proposed gravel pit is a permitted interim use in this location. Mr. Davis explained the difference between
uses permitted by right and interim and conditional uses. The application and approval process for interim use
permits and conditional use permits was explained.
Mr. Davis stated this application is unlike other sand and gravel pits in the County. The applicant proposes
to excavate below the water table and leave behind a 36-acre pond as part of the reclamation plan. This pond
will permanently lie within a floodplain. The proposed site is served by a township road (gravel south of the
site, paved north of the site) with connections to city streets or a state highway system whereas most other
sand and gravel pits in the County are directly accessed by state or county highways.
The Sand Creek Town Board recommended denial of the request at its February 6, 2015 meeting. On
February 9, 2015, after closing the public hearing, the Scott County Planning Advisory Commission
recommended denial of the request on a vote of 4-1 with one abstaining and one absent.
Mr. Davis noted it has been 1 years since the public hearing which is not common. The applicant
requested, and the County granted, an extension to allow the applicant time to obtain additional information
and receive a State permit. On April 1, 2016 the Minnesota Pollution Control Agency (MPCA) issued a final
NPDES/SDS permit for the proposed gravel mine.
Mr. Davis explained the applicant has proposed the following changes to the IUP since the public hearing
in response to comments.
1.
Mitigating the wetlands onsite rather than offsite.
2.
A more detailed truck traffic plan was provided.
3.
A modified landscaping and screening plan was provided.
4.
A revised spill rate plan was submitted.
Nick Bonow of Carlson McCain, Inc. presented the project on behalf of the applicant. The presentation
included information regarding the vicinity aerial map, existing conditions of the property, mining and phasing
plan, processing plant layout, site entrance, reclamation plan, wetland mitigation plan, photometric plan, dust
control plan, line of sight, spillway plan, monitoring wells, and property boundary.
Mr. Bonow stated the staff report noted the Environmental Impact Statement (EIS) and the noise analysis
recommended limiting operation from 7:00 a.m. to 7:30 p.m. However page 108 of the EIS states limiting
operation from 7:00 a.m. to 10:00 p.m. The EIS originally studied a 14 hour operating day running from 7:30
a.m. to 9:00 a.m. The applicant is requesting maintaining the 14 hour operating day but adjusting the hours to
7:00 a.m. to 9:00 p.m.
Mr. Bonow described the site entrance and noted inbound and outbound truck traffic will be restricted to
northbound Valley View Drive. No truck traffic will be allowed to access the site from the unpaved portion of
Valley View Drive south of the site entrance. Mr. Bonow stated Valley View Drive will need to be paved from
the end of the existing pavement to the site entrance. In response to Commissioner Wagners question
regarding who is responsible for the cost of paving the road, Mr. Bonow stated the contribution from S.M.
Hentges & Sons will be set forth in an access agreement with the Township which is being negotiated.
Commissioner Beard stated in mining operations it is not unusual to require the applicant to build, maintain,
and restore transportation infrastructure used by the operation.
In response to Commissioner Beards question, Mr. Bonow explained why a system of dikes will not be
built to keep potential Sand Creek floodwaters out of the pond.
Mr. Bonow reviewed the MPCA National Pollutant Discharge Elimination System (NPDES) Permit
conditions for water sampling, analysis, and reporting. The NPDES Permit does not include any conditions for
securities for any well replacements, if necessary. The applicant feels due to the monitoring conditions of the
NPDES Permit, the securities listed as a condition for the IUP are unnecessary and inconsistent with other
mining operations in the County.
Commissioner Wagner expressed his concern regarding loaded trucks entering southbound Trunk
Highway 169 and asked if the Minnesota Department of Transportation (MnDOT) would require acceleration
lanes. Matt Duffy, legal counsel for the applicant, stated they are working with MnDOT to determine
requirements, and the applicant will follow all MnDOT requirements.
In response to questions from the Commissioners, Mr. Bonow and Mr. Duffy explained possible
turnarounds and routes for northbound trucks. It was noted that with the uncertainty of the status of the IUP,
MnDOT is hesitant to commit to one plan. It was also noted the route being proposed is the Sand Creek Town
Board preferred route and not the MnDOT preferred route. Mr. Duffy reiterated the applicant will comply with
any MnDOT or other regulatory requirements. Costs for any MnDOT requirements would be negotiated
between the applicant and MnDOT. If the IUP were to be approved today, it is possible that trucks could begin
hauling by next summers construction season.
Natural Resource and Environmental Services Manager Paul Nelson presented the environmental risk
which included the proposed project, the setting and background, environmental review, permits by others, and
IUP conditions. Mr. Nelson also gave a primer on groundwater flow and specifically the groundwater flow on
the proposed site. Mr. Nelson stated a groundwater impacts analysis studies both the quantity (supply) and
quality of the groundwater.
In regard to water quantity, Mr. Nelson stated when doing an analysis for an EIS, conservative or worst
case analysis is frequently used as was the case in studying quantity for this proposed project. Mr. Nelson
reviewed the quantity issue considerations and conclusions from the Final Environmental Impact Statement
noting the mining operation would have no significant impact on quantity. Mr. Nelson also noted the applicant
will need an appropriations permit from the Minnesota Department of Natural Resources (DNR).
Mr. Nelson stated the main water quality issues pertain to the general operations of the mine and the
Sand Creek floodwaters. The proposed site is in an area of groundwater susceptibility. In regard to general
operations, the applicant is not proposing any wastewater discharge or generating wastewater. Any
contaminations during operations would come from spillages or leaks of petroleum or chemicals stored on site.
These are issues covered in permits and are prohibited.
Mr. Nelson explained under existing conditions without the pit, Sand Creek floods the area and the
floodwaters mix with the groundwater at a shallow level. With the pit and using worst case scenario modeling
of the floodwaters fully mixing with the groundwater, it would appear that the floodwaters would be more
spread out, diluted, and deeper. Mr. Nelson also reviewed the models of the predicted percent of floodwater
from the mine that is present in the groundwater in specified years after flooding took place.
Mr. Nelson reviewed the potential for the aquifers to be contaminated from the mixing of floodwaters. The
potential impact on the quality of existing wells due to mixing was also reviewed. The depth of one private well
is unknown, which makes the potential impact on that well unknown.
Mr. Nelson reported on monitoring results of Sand Creek for nitrates, chlorides, metals, and ammonia.
Levels of organics and pesticides are unknown. The MPCA assesses the water quality of Sand Creek every
two years and it is listed on the 2014 Impaired Waters List for aquatic life for chlorides, fish community, and
turbidity. It is not on the 2014 Impaired Waters List for drinking water standards. The draft 2106 Impaired
Waters List adds impairments for nutrients/eutrophication.
Mr. Nelson reviewed the MPCA NPDES Permit process and some of the requirements of the Permit. The
NPDES Permit does have a limited term of five years at which time the applicant would need to renew the
Permit to continue mining. The MPCA may also modify the Permit at any time if warranted. Mr. Nelson
explained the MPCA embraces an approach of preventing impacts based on monitoring, background
concentrations, and intervention limits. When questioned by County staff as to what type of mitigation the
MPCA would require if something happened, MPCA stated that couldnt be answered without knowing what
the issue is. Mr. Nelson described the monitoring system used by the MPCA and noted there are 56
parameters that will be monitored. Mr. Nelson stated there are possible gaps in the Permit for aesthetic or
taste impacts.
Commissioner Wagner questioned why an old abandoned well is required to be sealed to prevent possible
groundwater contamination and the requirements for new wells are very strict, but this pit would be allowed to
remain open. Mr. Nelson responded that unlike an abandoned well, the pit will have vigorous monitoring for 30
years. If any trends begin to emerge, the MPCA has the option of requiring the permit to remain open.
Mr. Nelson stated there is some uncertainty. The computer model is a simulation based on available data.
There is some rigor in the analysis. When possible conservative or worst case assumptions were used. The
permit will be established by monitoring of actual conditions and intervention limits.
Mr. Nelson explained the intervention limits and how it ratchets up for mitigation using nitrates as an
example.
In response to Commissioner Ulrichs question, Mr. Nelson explained why staff feels it is important to have
a condition in the IUP for financial security for the replacement of the three wells, if necessary.
Chair Marschall recessed the meeting at 11:13 a.m. and reconvened at 11:26.
Zoning Administrator Marty Schmitz stated the conditions for the S.M. Hentges & Sons, Inc. and Jordan
Gravel LLC draft IUP were based on the Shakopee Sands IUP conditions. Mr. Schmitz reviewed in detail the
general conditions for legal compliance, permit review, incorporation of the Environmental Assessment
Worksheet and the Environmental Impact Statement, costs, required notifications, general conditions,
reclamation, financial securities, and permit expiration. Mr. Schmitz also reviewed the exhibits attached to the
draft IUP. Mr. Davis reviewed in detail the mine operation conditions for setbacks, hours of operations, noise,
air emissions permit, dust control, lighting, and inspections. Mr. Nelson reviewed in detail the conditions for
surface water quality, and groundwater quality and quantity.
Mr. Schmitz, Mr. Davis, and Mr. Nelson responded to questions from the Commissioners.
It somewhat uncommon to have the MPCA issue an NPDES Permit for a mine prior to approval of an
IUP. However, due to the importance of that issue with this mine, the applicant felt it was important to
get the Permit prior to coming forward with the IUP request.
The Developers Agreement for Valley View Drive and 173rd Street is negotiated between the applicant
and Sand Creek Township as these are Township roads. The County is not involved with the
Developers Agreement.
The maximum truck trips per day is 110 or 10,000 round trips annually.
Asphalt and concrete from construction sites could be brought on to the property and crushed for reuse.
Neither an asphalt plant nor a concrete plant is used in this process and no plants would be brought on
the property.
Electric powered dredging equipment would need to be used rather than diesel or petrochemical
powered dredging equipment.
Typically for financial security of this size, portions of the security may be in the form of a bond with the
remaining security in the form of a letter of credit.
The County does not have a security in the event an issue occurs after reclamation and in the event the
operator is no longer in business. This would be regulated by MPCA through the NPDES Permit. It
would appear this would be an obligation of the MPCA and not Scott County.
The proposed mining operation would not affect the City of Jordan wells.
Gravel tax generated would be split between the County and the Township.
The conditions are silent as to improvements on TH 169. This is consistent with other applications,
barring facilities that have direct access to TH 169.
After a permit has been issued and the conditions are in place, it is difficult to add conditions.
The conditions reviewed were drafted by staff for the County Boards consideration if the Board
chooses to approve the application. The applicant can work with staff or appear before the Board to
request changes to or deletions of conditions.
Currently there is no condition that MnDOT required improvements to TH 169 need to be in place prior
to the start of the mining operation. This condition could be added.
Changes that have occurred since the Planning Advisory Commission recommendation for denial
include the issuance of the NPDES Permit and the mine being pulled back farther from Sand Creek.
This allows existing vegetation to remain along the Creek which will aid in the prevention of ice from the
mine pond floating away from the pond in the event of a flood.
An explanation of the groundwater susceptibility was given. This is not new information. It was known
at the time of Environmental Assessment Worksheet and triggered a lot of the analysis that was done.
Commissioner Marschall commented on the amount of time the Scott County Planning Advisory
Commission spent on this request and that its decision to recommend denial was not made lightly. The
County Board does not take lightly or want ignore the recommendations from the Planning Advisory
Commission and Sand Creek Township as well as comments that have been received from residents. She
explained this is the reason for the question if anything had changed since the recommended denials.
Commissioner Marschall also stated her concern regarding the long-term cost of monitoring.
Commissioner Ulrich stated he prefers the hours of operation for the mine be 7:00 a.m. to 7:00 p.m. which
would be consistent with other mining operations. Commissioner Ulrich also expressed his safety concerns
and frustration with the lack of conditions for the truck traffic on TH 169.
Mr. Bonow stated it is safe to say some modifications will be done to TH 169. The applicant has had
conversations with MnDOT and has retained the services of WSB Engineers. Mr. Bonow stated a safe and
efficient transportation plan is important to the applicant as well. Mr. Duffy described scenarios that are being
looked at. Mr. Duffy added that MnDOT has taken the approach of waiting to see the scope of the project
before addressing any required modifications.
Discussion followed if a condition should be added that the IUP would not be issued until MnDOT has
approved a traffic plan. County Administrator Gary Shelton recommended that the Board not try to take control
of TH 169 as its not the Countys road and we dont have authority over it. However, a condition could be
added that the applicant has to comply with any MnDOT requirements.
Mr. Duffy stated all the applicant is seeking is not to be treated differently than any other applicant. Mr.
Duffy stated that applicant would be willing to look at an additional condition but it is difficult to agree to a
condition that has yet to be seen.
As a rebuttal, Commissioner Ulrich stated due to location, each application and operation may have
different water and road issues that need to be addressed.
Mr. Duffy responded to the statement that the applicant and staff have a difference of opinion on the
mitigation of the wells. The applicants position is that its required by the DNR rules and regulations and the
NPDES Permit and having a security in place is redundant. If this was required on other applications, they
would be happy to look at it and discuss it with staff.
Mr. Duffy stated well aesthetics differs from well interference in that it may require a point of treatment.
Mr. Duffy added the applicant understands this and knows what needs to be done.
Mr. Duffy asked if other operations are required to use electric powered equipment rather than diesel or
petrochemical powered equipment. Mr. Bonow stated he misunderstood that condition thinking it pertained to
the storage of equipment out of the floodplain. Limiting the use of diesel equipment would be very difficult, and
Mr. Bonow asked to discuss this further with staff. Commissioner Beard stated he is somewhat familiar with
mining operations and this is why he questioned this condition earlier in the meeting. Commissioner Beard
stated this condition may need to be reviewed.
Commissioner Beard stated he agrees that a condition should be added that the applicant will comply with
any MnDOT requirements.
Commissioner Beard asked whether conditions can be put on permits other agencies have issued. Mr.
Shelton stated the Board should not usurp another agencys authority to regulate something thats not the
Countys to regulate. Conditions can be added to assure various types of mitigations that are not contained in
the permits, such as security deposits for the wells. County Attorney Ron Hocevar stated other agencies
would probably not want the boundaries crossed and would not allow the County to place conditions on their
permits.
Mr. Davis reiterated the action being requested today is for the Board to make a legal determination and
direct staff to prepare the appropriate documents for the September 20, 2016 Board meeting to either deny the
permit for failing to comply with the ordinances, statutes, permits, or other legal processes necessary to
conduct mining operations in this area or to prepare the appropriate documents to approve the permit as
meeting the ordinances, statutes, permits, or other legal processes necessary to conduct mining operations in
this area; and if the direction is to approve, to impose, change or modify any conditions the Board deems
necessary and appropriate to assure compliance, minimize conflicts, and protect the public.
Commissioner Ulrich stated the applicant has asked to be treated like any other applicant; however, the
applicant is asking for longer hours of operation than other operations. Commissioner Ulrich stated he would
like the hours of operation to be 7:00 a.m. to 7:00 p.m. which is consistent with other operations.
Commissioner Ulrich added he would like a condition regarding compliance with MnDOT requirements that
was discussed earlier.
Larry Harris, outside legal counsel for Scott County, reminded the Board that the final decision on this IUP
request will not be made until September 20. Today the Board is only giving an indication if they are inclined to
grant or deny the request based on information they know now and that their minds remain open until they see
all final documentation two weeks from today. In response to Commissioner Marschalls question, Mr. Harris
strongly recommended that staff be directed to prepare only one set of documentation, either granting or
denying the request for the IUP. Mr. Harris stated any concerns that should be addressed in the document
should expressed today. However, changes can also be made at the next meeting.
Noting the timeline and that the County has to make a decision by the end of the month, Commissioner
Ulrich questioned what would happen if there is a disagreement on conditions between the County and the
applicant. Mr. Harris responded the County has traditionally taken a collaborative approach on mining
permitting. However, ultimately it is the Countys decision on conditions imposed, whether the applicant
agrees or not.
Commissioner Beard stated he is inclined to direct staff to proceed for granting the request after hearing
the open pond would not be a source for contaminating the drinking water in the aquifers. He stated it goes
without question that the water would flow through the wetlands to the river, but this is currently happening. He
is assured that drinking water will not be affected but if it is, the end of the line is several hundred yards away
not several hundred miles away. Commissioner Beard stated he would like the applicant to be directed to
work with MnDOT. Commissioner Beard would also like the condition regarding no diesel-powered equipment
in the dredging operation to be reviewed as he feels this is not practical. Commissioner Beard stated he is
pleased with the direction the applicant has taken regarding Valley View Drive. Commissioner Beard spoke of
the judicial process and rules which are to be followed and that decisions should not be made based on
emotions. He stated he is satisfied that the rules and process have been complied with and would be prepared
to make a motion. Commissioner Beard added he respects Mr. Nelson and the unbiased and evenhandedness information he provided. Commissioner Beard also stated his biased opinion is that MPCA is not
pro-mining and the fact they issued the NPDES Permit was considered in his decision to support this request.
Commissioner Ulrich stated his concern is with protecting the community in regard to safety on the roads
and for the aquifer. One way to protect the community is to have conditions in place and he feels there are
substantial and strong conditions being recommended. Commissioner Ulrich feels the worst thing that could
happen is to deny the request and have it come back to the community with little or no conditions.
Commissioner Ulrich stated he supports the application with all the conditions.
Commissioner Wagner stated he has the deepest respect for Mr. Hentges and his business.
Commissioner Wagner noted the zoning for this property was done at a time when there was not much
knowledge of the groundwater. He also noted the many conditions on this request and he sees these as red
flags. Commissioner Wagner spoke of his past experience working this land and described how porous the
ground is. Commissioner Wagner stated he cannot get beyond the groundwater issue. He also commented
that he feels this process is fundamentally unfair in that the applicants representatives were allowed to give
essentially closing arguments and the Sand Creek Town Board was not allowed to speak or respond.
Commissioner Wagner stated both the Sand Creek Town Board and the Planning Advisory Commission have
recommended denial and he has an issue with overriding them. Commissioner Wagner stated he would
recommend denial.
Commissioner Wolf stated he is leaning either way. He echoed the concerns voiced by Commissioner
Wagner regarding the groundwater issues and overriding the Planning Advisory Commission and the Sand
Creek Town Board recommendations to deny the request. He voiced concerns that everything would have to
go right on this operation for nothing to go wrong. Commissioner Wolf spoke of water being our greatest asset.
He also stated although the County is not the road authority on TH 169 he would like to see the traffic plan.
Commissioner Marschall asked Commissioner Wagner to clarify his statement regarding the amount of
conditions on the draft IUP being red flags. Commissioner Wagner responded that there are so many things
that need to be checked and rechecked and it seems there are a lot of possibilities that something can happen.
Commissioner Marschall asked if the answer would be not to have all the conditions. Commissioner Wagner
replied that his suggestion is to avoid the conditions and deny the permit. Commissioner Wagner added the
assumption is being made that if this goes to court and a judge overrules the County Board that it would come
back with no conditions and he finds that hard to believe. However, Commissioner Wagner acknowledged
anything is a possibility.
Commissioner Marschall stated water is a huge issue and concern. If the Board denies this request, it will
go to court; and this will hand the control over to someone else. The decision could be to approve it, deny it,
send it back, put conditions on it or not. Commissioner Marschall stated she likes the fact that the permit is a
five year permit versus unending or until the operation is done. Commissioner Marschall stated she respects
the work done by the Planning Advisory Commission and Sand Creek Township to have gone through all the
issues before it got here and also respects their expression of heartfelt concerns. Commissioner Marschall
stated the presentation by staff, in particular Mr. Nelsons presentation on water, has made the issues more
understandable. She also stated the fact that the MPCA issued the permit is surprising as she often hears
unless every i is dotted and every t is crossed the MPCA will not issue a permit. The fact the permit was
issued makes this request seem legitimate. The DNR has also taken a serious look at this project.
Commissioner Marschall stated she is in a quandary as she thinks there is enough concern to have staff come
back and indicate to the Board how it can not move forward. Commissioner Marschall agrees that the road
issue is a concern and suspects it can be worked out. Commissioner Marschall stated she spent three days
reviewing the request, it just doesnt feel right, and there are enough concerns to deny it. Commissioner
Marschall stated sometimes you just have to go with your gut feeling.
Commissioner Wolf expressed his opinion that if the request is denied the County could get sued; but if
the vote is to approve, the County may also get sued.
Commissioner Beard announced after hearing the comments he will not make a motion.
Mr. Shelton reminded the Board they have to give direction to staff; and if its for denial, it would be helpful
to state the basis for denial.
Mr. Harris advised if the Board is going to direct staff to come back with findings to support a denial, the
Board should outline as much as possible the reasons why. Mr. Harris reiterated the Board is taking no action
on the request, they are only giving staff direction as to how to proceed.
Commissioner Wagner moved, seconded by Commissioner Wolf to direct staff to bring back findings for
denial.
When asked for reasons for the denial, Commissioner Wagner mentioned the TH 169 issue. However, he
said it mainly goes back to the groundwater issue. Commissioner Wagner again questioned why abandoned
wells have to be sealed because of potential groundwater contamination and yet there will be what is basically
an open well on the site.
Commissioner Ulrich stated this is a close call for him. Although he supports giving direction for approval
he stated the following concerns could possibly be a basis for denial. Thirty years from now there will still be
an open pond that will have pollutants from Sand Creek and the nearby houses and the pond will have direct
access to the aquifer. There is significant uncertainty with the aquifer. Dealing with the traffic has been
inadequate and there are no specifics with access to TH 169 and turnarounds.
Commissioner Marschall called for a roll call vote. The motion passed on a vote of 3-2 with
Commissioners Beard and Ulrich dissenting.
Chair Marschall recessed the meeting at 1:20 p.m. and convened at 1:27 p.m.
K. Commissioner Ulrich moved, seconded by Commissioner Wolf to adopt Resolution No. 2016-164;
Authorizing an Amendment to the Agreement With the 106 Group Adding Archaeological Monitoring Services
During Construction for the County Highway 60 Improvement Project in Blakeley Township. A copy of the
resolution is available in the office of the County Administrator and is made a part of this record by reference.
The motion carried unanimously.
L. Commissioner Ulrich moved, seconded by Commissioner Wolf to adopt Resolution No. 2016-165;
Authorizing Entering Into Agreement No. 1026172 With the State of Minnesota Department of Transportation
Designating Portions of County State Aid Highways 2 and 23 as a Trunk Highway 19 Detour. A copy of the
resolution is available in the office of the County Administrator and is made a part of this record by reference.
The motion carried unanimously.
M. Commissioner Ulrich moved, seconded by Commissioner Wolf to adopt Resolution No. 2016-166;
Awarding a Contract to Chard Tiling & Excavating, Inc. for County Highway 27 Intersection Improvement
Projects in the City of Savage. A copy of the resolution is available in the office of the County Administrator
and is made a part of this record by reference. The motion carried unanimously.
N. Commissioner Ulrich moved, seconded by Commissioner Wolf to approve the Extension Committee
youth-at-large appointments of Tyler Schmitt effective September 6, 2016 through August 31, 2017 and
Madison Deile effective September 6, 2016 through August 31, 2018. The motion carried unanimously.
O. Commissioner Ulrich moved, seconded by Commissioner Wolf to adopt Resolution No. 2016-156;
Adopting the Payable 2017 Final Levy of $40,000 for the Cedar Lake Improvement District. A copy of the
resolution is available in the office of the County Administrator and is made a part of this record by reference.
The motion carried unanimously.
P. Commissioner Ulrich moved, seconded by Commissioner Wolf to adopt Resolution No. 2016-158;
Declaring 4105/Part-Time Deputy Sheriff (Jason Muelken) as Police Officers for Enrollment in Public
Employees Retirement Association. A copy of the resolution is available in the office of the County
Administrator and is made a part of this record by reference. The motion carried unanimously.
Q. On the recommendation of the County Administrator, Commissioner Ulrich moved, seconded by
Commissioner Wolf to approve the payroll processing of personnel actions indicated below and certified by the
Employee Relations Director and the Appointing Authority to be in compliance with provisions of Minnesota
Statutes 375.56 - 375.71 and the Scott County Merit Personnel System:
1. Separation of employment for Thomas Busch, FT Corrections Sergeant, Sheriffs Office, effective
08/26/16.
2. Separation of employment for William Phillips, FT Environmentalist II, Community Services Division,
effective 08/31/16.
3. Separation of employment for Emmanuel Abu, FT Probationary Corrections Officer, Sheriffs Office,
effective 08-14-16.
4. Separation of employment for Robert Warmboe, FT Probationary Financial Assistance Specialist, Health
and Human Services Division, effective 08/18/16.
5. Separation of employment for Chelsea Fogarty, FT Probationary Program Specialist, Community Services
Division, effective 09/09/16.
6. Separation of employment for Blake Wooten, FT Temporary Survey Assistant-Unclassified, Community
Services Division, effective 08/10/16.
7. Separation of employment for Taylor Houn, FT Temporary GIS Technician-Unclassified, Community
Services Division, effective 08/19/16.
8. Separation of employment for Tyler Kobilarcsik, FT Temporary Program Delivery Seasonal, Community
Services Division, effective 08/25/16.
9. Separation of employment for Adam Glisczinski, FT Temporary Program Delivery Seasonal, Community
Services Division, effective 08/16/16.
10. Separation of employment for Charlie Lannon, FT Temporary Program Delivery Seasonal, Community
Services Division, effective 08/18/16.
11. Separation of employment for Mitchell Stier, FT Temporary Program Delivery Seasonal, Community
Services Division, effective 08/11/16.
12. Separation of employment for Erik Eichstadt, FT Temporary Program Delivery Seasonal, Community
Services Division, effective 08/12/16.
13. Separation of employment for Hallie Anderson, FT Temporary Office Assistant-Unclassified, Community
Services Division, effective 08/07/16.
14. Separation of employment for Jessica Phillips, INTR (34% FTE) Library Aide-Unclassified, Community
Services Division, effective 08/17/16.
15. Separation of employment for Miranda Rosa, INTR (34% FTE) Drug Court Coordinator-Unclassified,
Health and Human Services Division, effective 08/16/16.
16. FT Probationary employment for Susan Yerhot, Financial Assistance Specialist, Health and Human
Services Division, effective 09/06/16.
17. FT Probationary employment for Mary Kay Stevens, Maternal Child Health Program Coordinator, Health
and Human Services Division, effective 08/29/16.
18. FT Probationary employment for Carolene Vezies, Social Worker I, Health and Human Services Division,
effective 09/12/16.
19. PT Probationary (90% FTE) employment for Brittan Leibl, Public Health Nurse, Health and Human
Services Division, effective 08/29/16.
20. Intermittent (34% FTE) employment for Melissa Rios, DT&H Substitute-Unclassified, Health and Human
Services Division, effective 08/08/16.
21. Intermittent (34% FTE) employment for Jason Muelken, Part Time Deputy-Unclassified, Sheriffs Office,
effective 08/11/16.
22. The recognition of the following individuals as volunteers which will enable them to be covered for liability
insurance purposes in accordance with the insurance contracts currently in force with Scott County:
Add
Delete
Alexandra Grundstrom
Kari Searcy
Esther Danquah
Esha Kamath
Diane Strauss
Joyce Specht
Heather Carmichael
Mary Wright
Kalib Martin Intern
Motion carried unanimously.
(9) Develop Strong Public Partnerships:
Community Development Agency (CDA) Executive Director Bill Jaffa, CDA Housing Director Julie Siegert,
CDA Homeowner Specialist Jessica Erickson, and CDA First Stop Shop Business Development Manager
Stacy Crakes presented a review of the CDAs current projects and programs.
Mr. Jaffa reviewed the 2017 levy request of $2,905,279 which equates to an increase of 5.8% ($158,000)
over the 2016 levy. Mr. Jaffa stated the Scott County CDA Board has adopted its budget and requests that the
Scott County Board approve the same.
Commissioner Ulrich moved, seconded by Commissioner Beard to adopt Resolution No. 2016-159;
Approving the 2017 Budget in the Amount of $11,498,377 and Payable Tax Levy in the Amount of $2,905,279
of the Scott County Community Development Agency and Certifying the Same to the County Auditor. A copy of
the resolution is available in the office of the County Administrator and is made a part of this record by
reference. The motion carried unanimously.
(10) Committee Reports and Commissioner Updates:
A. All the Commissioners attended the County Board workshop on August 30.
B. Commissioner Wolf attended the Metropolitan Area Agency on Aging Audit Committee meeting on
August 17.
C. Commissioner Wolf attended the Metropolitan Area Agency on Aging meeting on August 18.
D. Commissioner Wolf attended the Shakopee Mdewakanton Sioux Community Wacipi on August 20.
E. Commissioners Wolf and Marschall attended the Metropolitan Mosquito Control District meeting on
August 24.
F. Commissioners Wolf and Marschall and County Administrator Gary Shelton met with the Prior Lake
Mayor and City Manager on August 24.
G. Commissioner Wolf attended the Vermillion River Watershed Joint Powers Board meeting on
August 25.
H. Commissioner Wolf attended the Elko New Market City Council meeting on August 25.
I. Commissioner Wolf attended the races at Canterbury Park on August 27.
J. Commissioner Beard attended the Transportation Policy and Economic Competitiveness meeting
August 23.
K. Commissioners Beard and Marschall conducted the Chair/Vice Chair planning meeting on August 23.
L. Commissioner Beard attended a meeting with City of Shakopee senior staff on August 24.
M. Commissioner Beard met with representatives of the City of Jordan on August 25.
N. Commissioner Beard participated as a panelist at St. Thomes College on a legislative transportation
issue at St. Thomas College on August 26.
O. Commissioners Beard and Ulrich attended the Scott County Transportation Committee meeting on
September 1.
P. Commissioner Ulrich attended the Counties Transit Improvement Board meeting on August 17.
Q. Commissioner Ulrich attended the Metropolitan Council Transportation Advisory Board Executive
Committee and regular Board meetings on August 17.
R. Commissioner Ulrich met with Mr. Shelton on August 22.
S. Commissioner Ulrich attended the 50 x 30 Steering Committee meeting on August 23.
T. Commissioner Ulrich attended the Scott County Community Development Agency meeting on
August 23.
U. Commissioner Ulrich attended the Minnesota Valley Transit Authority Management Committee meeting
on August 24.
V. Commissioners Ulrich and Marschall attended the Families and Individuals Sharing Hope (FISH) Board
meeting on August 25.
W.Commissioner Ulrich attended the Minnesota Valley Transit Authority Board meeting on August 31.
X. Commissioner Ulrich and Mr. Shelton met with the Savage Mayor and City Administrator on
September 1.
Y. Commissioner Ulrich attended the FISH Executive Committee meeting on September 1.
Z. Commissioner Marschall attended the 50 x 30 Education and Early Literacy Committee meeting on
August 23.
AA. Commissioner Marschall attended the Metropolitan Library Service Agency Finance Committee
meeting on August 31.
On a motion by Commissioner Ulrich, seconded by Commissioner Wolf, the meeting adjourned at 1:58 p.m.
Barbara Marschall
Chair
Gary L. Shelton
County Administrator
Clerk of the Board
Debra K. Brazil
Deputy Clerk to the Board
AGENDA #6.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Health & Human Services
ORIGINATING DEPARTMENT: Social Services
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED:
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Pam Selvig
Barb Dahl
Danielle Fox
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the Grant Application to the Minnesota Department of Human
Services (DHS) to provide housing support for adults with serious mental illness (SMI).
DHS is accepting applications to provide support for persons with SMI who are homeless, long term homeless,
or exiting institutions who have complex needs and face high barriers to accessing and maintaining housing.
Services provided must meet the permanent supportive housing evidence-based practices fidelity standards.
Scott County will be seeking funding in the amount $135,000 which would be for an 18 month funding period
that will run from January, 2017 through June, 2018, with the option of an extension for up to 3 years. The
Grant Application is due September 30, 2016. The Grant Application will request funding for one full-time
equivalent (FTE) staff to provide housing coordination along with funding for housing application fees and
deposits.
Currently, there are very few resources to provide support in securing long-term employment or housing for
this population. If this Grant Application were approved, resources would be dedicated to supporting those with
SMI within Scott County to gain and maintain housing. The funding would also be used to provide services to
individuals currently residing at the Shakopee House, which is a transitional housing facility. The Shakopee
House is a property owned by the Scott County Community Development Agency (CDA) where up to five
single adults of the Health and Human Services Mental Health Unit can reside for up to two years while they
locate permanent housing options. In addition, this funding would be able to provide assistance with locating
available units, landlord liaison activities, skill building, tenant advocacy, employment support, additional
mental health resources, and homelessness prevention. Helping individuals find long-term housing has been
effective in increasing household income, decreasing use of financial assistance, deceasing hospital visits, and
providing a better quality of life to those needing support.
Fiscal Impact:
The application and acceptance of the Minnesota Department of Human Services grant funding is budget
neutral. This Grant would fully fund the salary, benefits, mileage, and equipment costs of the additional staff
dedicated to increasing positive outcomes for this population. If funded, the 2017 Health and Human Services
budget would be adjusted to reflect the increased revenue, which would offset any expenses associated with
the Grant.
AGENDA #6.2
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Health & Human Services
ORIGINATING DEPARTMENT: Social Services
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED:
Approve the Service Agreement Renewal With Thomas Allen, Inc. for
Contracted Case Management Services
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
DISTRIBUTION/FILING INSTRUCTIONS:
Pam Selvig
Barb Dahl
Danielle Fox
Brittani Bussie
Jeff Daiker
Background/Justification:
The purpose of this agenda item is to approve the Service Agreement Renewal with Thomas Allen, Inc.
effective October 1, 2016 through June 30, 2018 for contracted case management services.
This Agreement will allow Thomas Allen, Inc. to provide contracted case management for eligible clients under
the home and community based waiver programs. Case management services include working with eligible
recipients to develop and coordinate service plans, select individual service providers and the ongoing
monitoring and evaluation of services. Specific service amounts are authorized by County staff and
reimbursed by the Minnesota Department of Human Services (DHS).
These services and funding are provided under the Alternative Care (AC), Elderly Waiver (EW), Community
Access for Disability Inclusion (CADI), Community Alternatives for Care (CAC), Brain Injury (BI), and
Developmental Disabilities (DD) waiver programs. The execution of this Contract in no way obligates Scott
County to purchase services or refer clients to the provider.
The format for this Agreement has been reviewed by the County Attorney and Risk Manager and does not
require individual review by either office.
Fiscal Impact:
None to Scott County. The provider bills the County for eligible services and the County is reimbursed by the
State for these services.
AGENDA #6.3
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Health & Human Services
ORIGINATING DEPARTMENT: Social Services
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED:
Approve the Service Agreement With Pinnacle Services for Contracted Case
Management Services
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
DISTRIBUTION/FILING INSTRUCTIONS:
Pam Selvig
Barb Dahl
Danielle Fox
Brittani Bussie
Jeff Daiker
Background/Justification:
The purpose of this agenda item is to approve the Service Agreement with Pinnacle Services effective
October 1, 2016 through June 30, 2018 for contracted case management services.
This Agreement will allow Pinnacle Services to provide contracted case management for eligible clients under
the home and community based waiver programs. Case management services include working with eligible
recipients to develop and coordinate service plans, select individual service providers, and the ongoing
monitoring and evaluation of services. Specific service amounts are authorized by County staff and
reimbursed by the Minnesota Department of Human Services (DHS).
These services and funding are provided under the Alternative Care (AC), Elderly Waiver (EW), Community
Access for Disability Inclusion (CADI), Community Alternatives for Care (CAC), Brain Injury (BI), and
Developmental Disabilities (DD) waiver programs. The execution of this Contract in no way obligates Scott
County to purchase services or refer clients to the provider.
The format for this Agreement has been reviewed by the County Attorney and Risk Manager and does not
require individual review by either office.
Fiscal Impact:
None to Scott County. The provider bills the County for eligible services and the County is reimbursed by the
State for these services.
AGENDA #6.4
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
Approve the Request for Rezoning of the Carol Connelly Trust in Section 11
of Helena Township
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Zoning Administration
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the request for rezoning (PL#2016-34), for Carla Linderholm,
Christine Connelly, Lynda Grouard, Mona Sharratt, and Croline Slagle applicants, of 73.42 acres from UTR,
Urban Transition Reserve District to UTR-C, Urban Transition Reserve Cluster District to split the homestead
off on a 10 acre parcel. Located in Section 11 of Helena Township.
This action was recommended by the Scott County Planning Advisory Commission on June 13, 2016 and is in
accordance with Chapters 2 and 34 of the Scott County Zoning Ordinance No. 3 based on the following criteria
for approval:
Fiscal Impact:
None
Compatible with present and future land uses of the area the rezoning will not alter the property
usage, as it will continue to be used for residential and agricultural uses.
3.
The proposed use conforms to all performance standards contained in the Zoning Ordinance the use
of the property is not changing; The site will continue to support the home and land remaining in
agricultural production.
4.
Public Service Capacity the rezoning will not change or intensify the existing land uses, and therefore
will not adversely affect public service capacity.
5.
Adequate Roads or Highways to Serve the Subdivision the residential lot has driveway access to
Drexel Ave., a paved county road. No additional accesses are proposed or requested.
AGENDA #6.5
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Zoning Administration
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the request for rezoning (PL#2016-0064), for David Pieper,
applicant, of 80 acres from A-1, Agricultural Preservation to A-3, Agricultural Preservation Density in Section 2
of Sand Creek Township. Mr. Pieper is the trustee for the Phyllis Pierper Trust, landowner.
This action was recommended by the Scott County Planning Advisory Commission on September 12, 2016
and is in accordance with Chapters 2 and 27 of the Scott County Zoning Ordinance No. 3 based on the
following criteria for approval:
Fiscal Impact:
None
AGENDA #6.6
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
Approve the Request for Rezoning, Preliminary Plat and Final Plat of E & W
Estates in Section 28 of Spring Lake Township
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Zoning Administration
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the request for Rezoning of 37.97 acres from Rural Residential
Reserve District (RR-1) to Rural Residential Single Family District (RR-2), Preliminary Plat, and Final Plat of
E & W Estates in Section 28 of Spring Lake Township.
Kevin Hartman, the applicant, is subdividing the 37.97 acre parcel into 2 residential lots.
This action was recommended by the Scott County Planning Advisory Commission on August 8, 2016 in
accordance with Chapters 6 and 42 of Scott County Zoning Ordinance No. 3 based on the criteria for approval
listed below:
Fiscal Impact: None
Adequate Drainage the proposed plat meets all stormwater drainage requirements as identified in
Chapter 6 of the zoning ordinance.
2.
Adequate Potable Water Supply the proposed plat, utilizing individual wells, meets the requirements
of the zoning and subdivision ordinances.
3.
Adequate Roads or Highways to Serve the Subdivision the lots have frontage and driveway access to
Vergus Avenue, a gravel Spring Lake Township Road. Right-of-way is being dedicated for a future
210th Street East road extension.
4.
Adequate Waste Disposal Systems the proposed lots meets all requirements of the individual sewage
treatment system ordinance.
5.
Consistency with the Comprehensive Plan the proposed plat conforms to the goals and policies
contained in the 2030 Comprehensive Plan for the development in the Rural Residential Growth Staged
Area.
6.
Public Service Capacity the additional lots will not adversely impact the public service existing
capacity.
7.
Consistency with the Minnesota Environmental Quality Board's Policies- the proposed subdivision does
not require any environmental review and is therefore consistent with the policies of the Minnesota
Environmental Quality Board.
8.
Consistency with Capital Improvement Plans the proposed plat is not requiring any county funded
road improvements; therefore it is consistent with the countys capital improvement plan.
The Town Board of Spring Lake recommended approval of the Rezoning, Preliminary Plat and Final
Plat of E & W Estates.
AGENDA #6.7
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
Approve the Request for Conditional Use Permit for Kevin and Julie
Studnicka in Section 21 of Blakeley Township
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Zoning Administration
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the request for Conditional Use Permit (PL #2016-0059), for
Kevin and Julie Studnicka, applicants, to operate a dog breeding kennel in Section 21 of Blakeley Township,
Zoned Agricultural Preservation Density District, A-3.
The applicants have four (4) dogs they use for breeding and two (2) personal dogs. County Ordinance requires
a kennel permit for any private or public structure in which five (5) or more dogs over four (4) months of age
are boarded, bred, trained, or offered for sale. The litters are sold around the age of eight (8) weeks.
This action was recommended by the Scott County Planning Advisory Commission on September 12, 2016, in
accordance with Chapters 2, 16, and 27 of the Scott County Zoning Ordinance No. 3 based on the criteria for
approval listed below:
Fiscal Impact: None
AGENDA #6.8
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: Community Services ORIGINATING DEPARTMENT: Highway Department
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PROJECT: CH 60 Reconstruction
TIME REQUESTED: N/A
CP 60-02FL
ACTION REQUESTED: Adopt Resolution No. 2016-168; Awarding Contract to Chard Tiling &
Excavating, Inc., for the County Highway (CH) 60 Reconstruction Project in
Blakeley Township
CONTRACT/POLICY/GRANT:
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Anthony J. Winiecki
Community Services, Eunie Quade
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to adopt Resolution No. 2016-168, Awarding contract to Chard Tiling &
Excavating, Inc. for the County Highway (CH) 60 Reconstruction Project in Blakeley Township.
CH 60 was damaged during the 2014 flood event and has been closed to traffic since that time. In 2015, the
County determined that the best alternative was to repair the damaged roadway and reconstruct on a new
alignment.
This project involves the reconstruction and realignment of CH 60 from the CH 1/CH 6 intersection and
extending 3,000 feet south up the Minnesota River bluff. The project also includes a reclaim and overlay on an
additional 1.9 miles to Trunk Highway (TH) 169. County Staff worked with the Federal Emergency
Management Agency and Minnesota Homeland Security Emergency Management to incorporate the
realignment and pavement reclaim/overlay projects into the Improved Project
Six (6) bids were received on Tuesday, September 13, 2016:
$1,948,195.00
$2,269,110.14
$2,475,835.71
$2,498,165.15
$2,523,624.11
$2,774,230.47
The engineers estimate for the project was $3,335,262.70 which includes $883,085 for the overlay to TH 169.
The bid of Chard Tiling & Excavating, Inc. in the amount of $1,948,195.00 was the lowest responsible bid of
which $598,719.23 was for the overlay to TH 169.
This project is included in the adopted Transportation Improvement Program (TIP) 2016-2025. At the time the
TIP was approved last year, the FEMA funding was estimated to be $1,715,249. The final agreement amount
provided for $2,021,631.37 for construction of the Improved Project.
Fiscal Impact:
None
RESOLUTION NO. 2016-168; AWARDING CONTRACT TO CHARD TILING & EXCAVATING, INC.
FOR THE COUNTY HIGHWAY 60 RECONSTRUCTION PROJECT IN BLAKELEY TOWNSHIP
WHEREAS, Scott County Highway (CH) 60 flood improvement project is located in the Township of
Blakeley; and
WHEREAS, this project involves the reconstruction and realignment of CH 60 from the CH 1/CH 6
intersection and extending 3,000 feet south up the Minnesota River bluff and to reclaim and overlay an
additional 1.9 miles to Trunk Highway (TH) 169; and
WHEREAS, six (6) bids were received on September 13, 2016 and the bid of Chard Tiling &
Excavating, Inc. was the lowest responsible bid; and
WHEREAS, funding for the CH 60 Reconstruction Project is included in the Transportation
Improvement Program (TIP) 2016-2025 in the amount of $2,095,969.00; and
NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners in and for the County of Scott,
Minnesota, that the Chairperson of the Board is authorized to enter into a contract with Chard Tiling &
Excavating, Inc., for the CH 60 Reconstruction Project in an amount of $1,948,195.00.
BE IT FINALLY RESOLVED, that approval of this contract is subject to approval by the County
Attorneys Office as to form.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their
session held on the 20th day of September, 2016 now on file in my office, and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 20th day of September, 2016.
County Administrator
Administrator's Designee
AGENDA #6.9
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION: County Administration
ORIGINATING DEPARTMENT:
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED:
Adopt Resolution No. 2016-172; Acknowledging Receipt and Acceptance of
Gifts to Scott County
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to adopt Resolution 2016-172 Acknowledging Receipt and Acceptance of
Gifts to Scott County.
Pursuant to Resolution No. 99025, a thank you letter is sent to the contributor acknowledging the gift when it is
received. A resolution is brought to the County Board bi-annually that acknowledges and accepts the gifts that
have been received to date. A list of the gifts received from March 2016 through August 2016 is included in
the attached resolution.
Fiscal Impact:
None
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have compared the foregoing
copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their session held on the 20th day
of September, 2016 now on file in my office, and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 20th day of September, 2016.
County Administrator
Administrator's Designee
AGENDA #6.10
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: September 20, 2016
ORIGINATING DIVISION: OMB Finance
ORIGINATING DEPARTMENT: Accounting
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED:
Approve Record of Disbursements and Approve Claims
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Kathy Shanks
Deputy Clerk :
Date:
Background/Justification:
The purpose of this Agenda item is to comply with MN Statute 375.18 Subd. 1b Delegation for paying certain
claims: A list of all claims paid under the procedures established by the county board shall be presented to
the board for informational purposes only at the next regularly scheduled meeting after payment of the claim.
The Record of Disbursements will be available at the meeting.
Fiscal Impact:
Invoices total $11,518,738.65 from August 1 through August 31, 2016.
This includes tax distributions of $35,051.23
AGENDA #6.11
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 20, 2016
ORIGINATING DIVISION:
Employee Relations
ORIGINATING DEPARTMENT:
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
Finance Review
Budget Change
ORGANIZATIONAL VALUES:
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
DISTRIBUTION/FILING INSTRUCTIONS:
Monica Siegle, Employee Relations
Cara Madsen, Volunteer and Community Coordinator
Date:
Background/Justification:
1.
2.
Separation of employment for Cody Pederson, FT 911 Dispatcher, Sheriffs Office, effective 09/24/16.
3.
4.
Separation of employment for Rebecca Krocak, PT (37% FTE) Temporary OSS Reading Program
Coordinator-Unclassified, Community Services Division, effective 09/18/16.
5.
Separation of employment for Robin Robinson, INTR (34% FTE) Facility Probation OfficerUnclassified, Health and Human Services Division, effective 09/09/16.
6.
FT Probationary employment for Elizabeth Buko, Financial Assistance Specialist, Health and Human
Services Division, effective 09/19/16.
7.
FT Probationary employment for Pamela Rezac, Financial Assistance Specialist, Health and Human
Services Division, effective 09/19/16.
8.
FT Probationary employment for Ryan Olson, Corrections Officer, Sheriffs Office, effective 09/06/16.
9.
Delete
Scott Martin
AGENDA #7.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: September 20, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
TIME REQUESTED:
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is adopt resolution No. 2016-170 setting forth Findings of Fact and
Conclusions of Law and Order denying S.M. Hentges & Sons, Inc. and Jordan Gravel, LLC application for an
Interim Use Permit for aggregate mining and processing operation, in Sections 8 & 17 of Sand Creek
Township. As directed by the Board of Commissioners at its September 6, 2016 meeting, staff has prepared
the attached resolution for Board action.
Fiscal Impact:
None
AGENDA #8.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: September 20, 2016
ORIGINATING DIVISION: OMB
ORIGINATING DEPARTMENT: Budget Office
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
Finance Review
Budget Change
ORGANIZATIONAL VALUES:
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
DISTRIBUTION/FILING INSTRUCTIONS:
Cindy Geis, County Auditor
Kevin Ellsworth, Chief Financial Officer
Steve Jones, Principal Financial Analyst
Background/Justification:
The purpose of this agenda item is to adopt a resolution for the purpose of setting the maximum proposed
levy for 2017. The deadline to certify the proposed property tax levy for payable 2017 to the County Auditor
is September 30, 2016.
The Budget Team is continuing to review all departmental budgets for budget considerations and issues,
focusing on both operational and capital needs in preparation for establishing the final budget. Extensive
discussion has been held on the preliminary levy information, the goals, needs, and challenges for 2017.
Additional discussion with department managers, County Administration and the County Board will further
refine the budget prior to setting the actual levy which cannot increase above the adopted maximum
proposed levy.
As part of the 2017 budget process staff interacted frequently with the County Board. Presentations occurred
on May 31st, July 19th and August 30th providing information on the current conditions and trends facing Scott
County.
The proposed 2017 levy of $63,660,000 is an increase of 4.65% over the 2016 levy. The current projections
show the average value house would see an increase of $9 or 0.9% on their taxes.
Fiscal Impact:
The proposed 2017 levy of $63,660,000 is an increase of 4.65% over 2016 levy. The current projections
show the average value house would see an increase of $9 on their taxes.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I
have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners,
Scott County, Minnesota, at their session held on the 20th day of September, 2016, now on file in my office, and have found the same
to be a true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 20th day of September, 2016.
County Administrator
Administrator's Designee