agenda scott county board of commissioners …

AGENDA

SCOTT COUNTY BOARD OF COMMISSIONERS

SHAKOPEE, MINNESOTA APRIL 17, 2018

9:00 a.m. (1) CONVENE COUNTY BOARD (2) AMENDMENTS TO THE AGENDA (3) APPROVE MINUTES OF APRIL 3, 2018 COUNTY BOARD MEETING (4) RECOGNITION OF INTERESTED CITIZENS Limited to items not on the agenda, and five minutes per person/subject. Speakers are asked to

approach the microphone for the benefit of viewers and interested citizens. (5) NEW EMPLOYEE WELCOME (6) CONSENT AGENDA

Partnership: Aligning Existing Resources, Volunteers and Programs to Achieve Shared Goals 6.1 Adopt Resolution No. 2018-057; Authorizing Entering Into Cooperative Agreement No. 1030739 With the State of Minnesota Department of Transportation to Construct Crossovers on

Trunk Highway 169 Related to the Trunk Highway 169/41 and County Highways 78/14 Freight Mobility Project in Jackson and Louisville Townships (No fiscal impact)

Customer Service: Creating a Customer Experience That is Respectful, Responsive and Solution-Oriented 6.2 Adopt Resolution No. 2018-062; Authorizing Entering Into an Amended Agreement With the

Minnesota Department of Agriculture to Operate a Septic Loan Program (No fiscal impact) Stewardship: Ensuring the Responsible and Stable Investment of Taxpayer Dollars and Communicating Its Value to the Public 6.3 Adopt Resolution No. 2018-058; Awarding a Contract to Valley Paving, Inc. for the Overlaying, Trail

Rehabilitation, and Patching of Various County Highways (No fiscal impact) 6.4 Adopt Resolution No. 2018-060; Entering Into Agreement No. 1029827 With the Minnesota

Department of Transportation for Federal Participation in County Road Safety Plan Updates (No fiscal impact)

6.5 Adopt Resolution No. 2018-061; Approving Direct Sale of Two Vacant Remnant Parcels Along County Highway 21 Located in the City of Prior Lake to an Adjoining Property Owner for Fair Market Value as Determined by the County Assessor and to Grant Easements to the City of Prior Lake ($30,070 revenue)

6.6 Approve Record of Disbursements and Approve Claims (No fiscal impact)

Commitment: Developing a High Quality Workforce That is Dedicated to Advancing a Safe, Health and Livable Community 6.7 Approve Payroll Processing of Personnel Actions (No fiscal impact)

(7) PARTNERSHIP: ALIGNING EXISTING RESOURCES, VOLUNTEERS AND PROGRAMS TO ACHIEVE SHARED GOALS

7.1 Presentation of Certificates of Appreciation to Former Members of Citizen Advisory Committees (No fiscal impact)

7.2 Adopt Resolution No. 2018-064; Proclaiming April 15 – 21, 2018 as Volunteer Recognition Week (No fiscal impact)

7.3 Adopt Resolution No. 2018-063; Approving Distribution of the Draft 2040 Comprehensive Plan to Adjacent and Affected Jurisdictions and Agencies for the Six Month Comment Period (No fiscal impact)

(8) CUSTOMER SERVICE: CREATING A CUSTOMER EXPERIENCE THAT IS RESPECTFUL,

RESPONSIVE AND SOLUTION-ORIENTED 8.1 Approve the Request to Amend a Conditional Use Permit for Minnesota Harvest Orchard, Skip

Cook, Applicant, and Minnesota Harvest LLC, Property Owner, for the Sale of Agricultural Products and Services in Sections 27 and 34 of St. Lawrence Township (No fiscal impact)

(9) STEWARDSHIP: ENSURING THE RESPONSIBLE AND STABLE INVESTMENT OF TAXPAYER

DOLLARS AND COMMUNICATING ITS VALUE TO THE PUBLIC 9.1 Adopt Resolution No. 2018-065; Supporting Legislation Clarifying That the Policy Plan Prepared by

the Minnesota Pollution Control Agency Under Minnesota Statutes Section 473.149 Solid Waste Comprehensive Planning Cannot be Used to Make Rules Without Following the Rulemaking Process (No fiscal impact)

9.2 Adopt Resolution No. 2018-056; Authorizing Entering Into a Contract With Kraus-Anderson Construction Company for Construction Management Services Associated With the Government Center Campus Project (No fiscal impact)

(10) RECESS FOR ROOM CONFIGURATION (11) INNOVATION: EXPLORING AND ADOPTING NEW TECHNOLOGIES AND PROCESSES WITH THE

GOAL OF IMPROVING SERVICE AND REDUCING THE LONG TERM COST OF SERVICE DELIVERY 11.1 Receive Information on Scott County Delivers Topic: Foster Care Licensing/Out-of-Home Placement

(No fiscal impact)

(12) COMMITTEE REPORTS AND COMMISSIONER UPDATES (13) COUNTY ADMINISTRATOR UPDATE (14) RECESS FOR ATTORNEY/CLIENT MEETING (14) ADJOURN

UPCOMING MEETINGS

May 1, 2018 9:00 a.m. Community Health Board Meeting 10:00 a.m. County Board Meeting

May 15, 2018 County Board Meeting

Gary L. Shelton, County Administrator

(952) 496-8100

MINUTES

BOARD OF COMMISSIONERS

COUNTY OF SCOTT

APRIL 3, 2018

(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 Wolf, presiding, Commissioner Weckman Brekke, Commissioner Beard, Commissioner Beer and Commissioner Ulrich. (2) County Staff Present:

A. Gary Shelton, County Administrator B. Ron Hocevar, County Attorney C. Noreen Kleinfehn-Wald, Public Health Nursing Supervisor D. Danny Lenz, Chief Financial Officer E. Angie Boyd, Public Health Nurse F. Mary Kay Stevens, Maternal Child Health Program Coordinator G. Pam Selvig, Health and Human Services Director H. Scott Haas, Sheriff’s Captain I. Luke Hennen, Sheriff J. Doug Schnurr, Sheriff’s Captain K. Lori Huss, Employee Relations Director L. Steve Demeule, Corrections Officer M. Kevin Nelson, Corrections Sergeant N. Jeff Swedin, Sheriff’s Captain O. Steve Collins, Sheriff’s Captain P. Anna Henning, Business Information/Systems Specialist Q. Tony Winiecki, County Engineer R. Lisa Freese, Transportation Services Director S. Jessica Harlin, 911 Dispatcher T. Debra Brazil, Deputy Clerk to the Board

(3) Guests Present:

A. Doug Sweeney, Ridgeview Ambulance B. Nancy Thul, Shakopee Public Schools Director of Teaching and Learning C. Ashley McCray, Shakopee Public Schools Communications Director D. Jeff Pawlicki, Shakopee Public Schools Principal E. Scott Doran, Shakopee Public Schools Assistant Principal

(4) Media Present:

A. Tory Coney, Southwest News Media (5) Minutes:

On a motion by Commissioner Weckman Brekke, seconded by Commissioner Ulrich, the Minutes of March 20, 2018 were approved.

(6) Consent Agenda:

A. On the recommendation of the Spring Lake Town Board and the Planning Advisory Commission, Commissioner Beard moved, seconded by Commissioner Weckman Brekke to approve the request for the Final Plan of Harvest Bluffs, On Site Marketing, applicant, Thaddeus Kowalski, owner, consisting of 14 lots and 1 outlot on 78.21 acres located in Section 26 of Spring Lake Township zoned Rural Residential Single Family (RR-2). This action is in accordance with Chapters 2, 6, and 42 of Scott County Zoning Ordinance No. 3 based on the criteria listed for approval. The motion carried unanimously.

B. Commissioner Beard moved, seconded by Commissioner Weckman Brekke to approve the Renewal

Application to Sell 3.2 Malt Liquor at Retail for Einar Odland dba Water’s Edge Golf Course in 2018. The motion carried unanimously.

C. Commissioner Beard moved, seconded by Commissioner Weckman Brekke to approve the

appointment of Mandy Urness of Commissioner District 5 to the Extension Committee for a term effective April 3, 2018 through December 31, 2020. The motion carried unanimously.

D. Commissioner Beard moved, seconded by Commissioner Weckman Brekke to adopt Resolution No.

2018-051; Authorizing Entering Into Agreement No. 1030580 With the Minnesota Department of Transportation for Federal Participation in Force Account for Lighting Installation as Part of the Construction of a Roundabout at County Highways 46 and 86 in New Market Township and Rice County. 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.

E. Commissioner Beard moved, seconded by Commissioner Weckman Brekke to adopt Resolution No.

2018-052; Authorizing Entering Into an Agreement With the Minnesota Department of Transportation for Use of County Highways 46 and 2 as Part of the Interstate 35 Emergency Alternate Route. 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.

F. On the recommendation of the County Administrator, Commissioner Beard moved, seconded by

Commissioner Weckman Brekke 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 Kari Richardson, FT Highway Maintenance Worker, Transportation Services

Division, effective 04/06/18. 2. Separation of employment for Lisa Motschke, FT Digital Experience Manager, Community Services

Division, effective 04/03/18. 3. Separation of employment for David Kratz, PT Temporary (40% FTE) Program Delivery Seasonal,

Transportation Services Division, effective 03/16/18. 4. Separation of employment for Donald Novak, Intermittent (34% FTE) Veterans Service Aide-Unclassified,

Health and Human Services Division, effective 03/23/18. 5. FT Probationary employment for Tawanna Carter, Senior Administrative Specialist, Health and Human

Services Division, effective 03/19/18. 6. FT Probationary employment for Jamaa Ali, Business Information/Systems Specialist, Community

Services Division, effective 04/02/18. 7. FT Probationary employment for Joshua Melgaard, FT Probationary Highway Maintenance Worker,

Transportation Services Division, effective 03/26/18. 8. Promotion for Ryan Mittelstadt, FT Corrections Officer, Sheriff’s Office, to FT Probationary Fraud

Investigator, Health and Human Services Division, effective 04/02/18. 9. Promotion for Craig Jenson, FT Principal Planner to FT Probationary Transportation Planning Manager,

Transportation Services Division, effective 03/19/18.

10. 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 Tonya Fitzgerald Lacy Wallace Nancy Sortum Shalanda Nyaosi Sri Charan Gurramkonda Megan Hall Tyler Potter Andrew Ringold Sophia Burrill Emily Krecklau Janani Karthick

Motion carried unanimously. (7) Partnership: Aligning Existing Resources, Volunteers and Programs to Achieve Shared Goals: A. County Administrator Gary Shelton presented a request to enter into an Agreement with Shakopee Public Schools for sponsoring the Shakopee Public Schools Academy of Human Services by providing the School with in-kind and/or donations totaling $300,000 over a five-year commitment. This commitment may be shared with the City of Shakopee should the City elect to also sponsor the Academy of Human Services. As the Academy’s sponsor, the County would provide professional staff to, among other things:

Participate in meetings and the industry council to work with the District’s faculty and staff on the structure, scope, and sequence of the Academy.

Participate in student or staff development programs.

Mentor (either in person or electronically) students enrolled within the Academy.

Provide guest speakers/lectures.

Afford job shadowing opportunities – either in person or electronically.

Afford opportunities for field trips or guided tours of County projects or facilities.

Afford opportunities for externships/internships, capstone projects or other practical hands-on projects, or job experiences.

Mr. Shelton reported that no budget amendment would be needed at this time. Staff cost associated with in-kind services are already included in the County’s operating budget. He added, however, if the Academy grows or other schools develop a similar program and ask for County participation, additional County staff may be needed. Mr. Shelton stated sponsoring the Academy supports the County Board’s goals and objectives and is consistent with the core values and mission of the Scott County Association for Leadership and Efficiency. Shakopee Public Schools Principal Jeff Pawlicki provided an overview of the Academy of Human Services which focuses on career fields related to human development, psychology, education, legal fields, law enforcement, and public services. He noted the positive outcomes of small learning communities and compared traditional school programs to the academy model. Commissioner Weckman Brekke moved, seconded by Commissioner Beer to adopt Resolution 2018-049; Authorizing Entering Into an Agreement With Shakopee Public Schools for Sponsoring and Naming of the Shakopee Public Schools Academy of Human Services. The Commissioners spoke in support of the Academy philosophy and program. However, questions were raised regarding skepticism of trends in education, “social justice warriors” course concept, course titles should focus on positive rather than negative, i.e. social injustice versus social justice, and staff time.

Mr. Shelton confirmed the Agreement has a five-year term but does allow the County to withdraw earlier if the direction of the program is not supported by the County. Shakopee Public Schools Director of Teaching and Learning Nancy Thul stated Industry Councils consisting of experts within specific careers assist in developing course content and titles. Feedback to the Industry Councils is always welcome. The motion carried unanimously. B. Commissioner Beard moved, seconded by Commissioner Weckman Brekke to adopt Resolution No. 2018-050; Proclaiming April 2-8, 2018 Public Health Week in Scott County. 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. C. Commissioner Beard moved, seconded by Commissioner Ulrich to adopt Resolution No. 2018-053; Proclaiming April 8-14, 2018 National Public Safety Telecommunicators Week in Scott County. 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. (8) Committee Reports and Commissioner Updates: A. Commissioner Beard testified at the State Capitol on March 21 and 29 regarding proposed Metropolitan Council legislation. B. The Commissioners all attended the Scott County Advisory Committee education meeting on March 22. C. Commissioner Beard attended the Statewide Health Improvement Partnership meeting on March 26. D. Commissioners Beard and Beer attended a tribal relations workshop on March 27. E. Commissioner Beard met with Shakopee Councilor Mike Luce on March 28. F. Commissioner Beard met with a constituent on March 28 regarding property valuations. G. Commissioner Beard met with members of the Scott County Legislative Delegation on March 28. H. Commissioners Beard and Ulrich attended the Highway 169 Mobility Study meeting on March 29. I. Commissioner Beard met with a constituent on April 2 regarding alleged elder abuse. J. Commissioners Beard and Ulrich and County staff met with a constituent on April 3 regarding property valuations. K. Commissioner Weckman Brekke met with the Belle Plaine Mayor and City Administrator on March 21. L. Commissioners Weckman Brekke and Wolf attended the Scott County Township Association meeting on March 21. M. Commissioners Weckman Brekke and Ulrich attended the Families and Individuals Sharing Hope (FISH) Board meeting on March 22. N. Commissioner Weckman Brekke attended the Scott County Historical Society annual meeting on March 22. O. Commissioner Weckman Brekke met with the Scott County Library Director on March 27 regarding the City of Belle Plaine’s library expansion plans. P. Commissioners Weckman Brekke and Wolf conducted the Chair/Vice Chair planning meeting on March 27. Q. Commissioner Weckman Brekke attended the Scott County Mental Health Local Advisory Council meeting on March 27. R. Commissioner Weckman Brekke attended the Live, Learn, Earn Education Preparedness Subcommittee meeting on March 27. S. Commissioner Weckman Brekke met with the Jordan Mayor and City Administrator on March 27. T. Commissioner Weckman Brekke has responded to numerous emails regarding property valuations. She reminded residents to contact the Scott County Taxation Department with any questions as soon as possible as disputing valuations is time sensitive. U. Commissioner Ulrich attended the Metropolitan Council Transportation Advisory Board meeting on March 21. V. Commissioner Ulrich attended the FISH Website Committee meeting on March 22. W.Commissioner Ulrich led church services at the Scott County Jail on March 25.

X. Commissioner Ulrich attended the Live, Learn, Earn Steering Committee meeting on March 27. Y. Commissioner Ulrich attended a FISH website training session on March 28. Z. Commissioner Ulrich attended the Minnesota Valley Transit Authority meeting on March 28. AA. Commissioner Beer has responded to constituents’ questions regarding road construction projects and property valuations. AB. Commissioner Beer attended the Live, Learn, Earn Housing Subcommittee IZI event on March 20. AC. Commissioners Beer and Wolf met with the Prior Lake Mayor and City Manager on March 21. AD. Commissioners Beer and Beard met on March 28. AE. Commissioner Beer attended the Regional Haulers Licensing Board meeting on March 29. AF. Commissioner Wolf attended a Trunk Highway 169 open house on March 21. AG. Commissioner Wolf attended the Vermillion River Watershed Joint Powers Board meeting on March 22. AH. Commissioner Wolf attended the Jordan Commercial Club meeting on March 22. AI. Commissioner Wolf attended the Metropolitan Mosquito Control District meeting on March 28. AJ. Commissioner Wolf met with Legislators at the State Capitol on March 29 regarding turn lanes. AK. Commissioner Wolf attended the Prior Lake City Council workshop and meeting on April 2. AL. Commissioner Wolf attended the Credit River Town Board meeting on April 2. On a motion by Commissioner Beer, seconded by Commissioner Weckman Brekke the meeting adjourned at 10:19 a.m.

Thomas J. Wolf 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: April 17, 2018

ORIGINATING DIVISION: ORIGINATING DEPARTMENT:

Transportation Services Highway Department -Program Delivery

CONSENT AGENDA:

Yes

No

PRESENTER: Lisa Freese-8363

ATTACHMENTS:

Yes No

PROJECT: CPT 169-06X TIME REQUESTED: N/A

ACTION REQUESTED: Adopt Resolution No. 2018-057; Authorizing Entering Into Cooperative Agreement No. 1030739 With the State of Minnesota Department of Transportation to Construct Crossovers on Trunk Highway 169 Related to the Trunk Highway 169/41 and County Highways 78/14 Freight Mobility Project in Jackson and Louisville Townships

CONTRACT/POLICY/GRANT:

County Attorney Review

Risk Management Review

FISCAL:

Finance Review

Budget Change

ORGANIZATIONAL VALUES:

Stewardship: Ensuring the responsible and stable investment of taxpayer dollars and communicating its value to the public

Partnership: Aligning existing resources, volunteers and programs to achieve shared goals

Leadership: Anticipating changes and managing challenges based on reliable information and citizen input

Commitment: Developing a high quality workforce that is dedicated to advancing a safe, healthy and livable community

Customer Service: Creating a customer experience that is respectful, responsive and solution-oriented

Innovation: Exploring and adopting new technologies and processes with the goal of improving service and reducing the long term cost of service delivery

DEPARTMENT/DIVISION HEAD SIGNATURE: COUNTY ADMINISTRATOR SIGNATURE:

Approved: DISTRIBUTION/FILING INSTRUCTIONS:

Denied: 3 copies of certified resolution

Tabled:

Other:

Deputy Clerk :

Date:

Background/Justification:

The purpose of this item is to adopt Resolution No. 2018-057; authorizing entering into Cooperative Agreement No. 1030739 with the State of Minnesota Department of Transportation (MnDOT) to construct crossovers on Trunk Highway (TH) 169 related to the TH 169/41 and County Highways (CH) 78/14 Freight Mobility Project in Jackson and Louisville Townships.

In August of 2018 the County and Mn/DOT will begin construction on TH 169 for a Freight Mobility Project. This work includes the construction of an interchange at TH 169 and CH 78/TH 41. The project also includes an overpass at CH 14 of TH 169 with connecting frontage roads along the corridor. This project is anticipated to take approximately 2.5 years to construct. Part of the Freight Mobility Project is to keep traffic flowing through the corridor during construction. This smaller project will construct paved crossovers on TH 169 between northbound and southbound lanes. These crossovers consist of a patch of pavement in the median that will allow traffic to cross over into the opposite lanes during construction. There are four crossover locations on TH 169 that are being installed to prepare for the larger Freight Mobility Project to be advertised later this year. The purpose of the project is to have the crossovers in place ahead of the Freight Mobility Project, to allow for better traffic planning/changes during this project. The early project will insure that the crossovers are in place when the project begins to optimize the contractor’s project mobilization on construction activities this fall/next spring and minimize traffic interference by having them constructed before the 2018 Renaissance Festival begins in August. The County will let the project and the State of Minnesota Department of Transportation (MnDOT) will provide construction management of the crossover project. The Agreement is necessary to memorialize the understanding of the process and expectations by both parties on the project. The project is anticipated to begin construction in summer of 2018 ahead of the Freight Mobility Project. Federal funding from the larger project has been allocated to this project estimated at 80 percent of the total cost of the crossover project through a State Transportation Improvement Program modification approved by MnDOT and the Federal Highway Administration. The local funding (estimated at 20 percent of total cost) for the crossover project will come from the County Transportation Sales Tax. Funding for the project is in the adopted 2018-2027 Transportation Improvement Program. Fiscal Impact: None

BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA

Date: April 17, 2018

Resolution No.: 2018-057

Motion by Commissioner:

Seconded by Commissioner:

RESOLUTION NO. 2018-057; AUTHORIZING ENTERING INTO COOPERATIVE AGREEMENT NO. 1030739 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION

TO CONSTRUCT CROSSOVERS ON TRUNK HIGHWAY 169 RELATED TO THE TRUNK HIGHWAY 169/41 AND COUNTY HIGHWAYS 78/14 FREIGHT MOBILITY PROJECT

IN JACKSON AND LOUISVILLE TOWNSHIPS

WHEREAS, the County received both federal and state funding to construct an interchange at Trunk Highway (TH) 41, an overpass at County Highway (CH) 14, and TH 169 frontage roads in Jackson and Louisville Townships under County Project CPT 169-06; and

WHEREAS, the County is the lead agency on design; and

WHEREAS, paved median crossovers at four locations on TH 169 in Jackson and Louisville Township will be constructed as a separate project in July of 2018 in advance of the larger freight mobility project utilizing a portion of the funds in programmed in the CPT 169-06 project to provider for quicker mobilization on the larger project; and

WHEREAS, an Agreement is necessary to identify the roles and responsibilities of the County and State of Minnesota Department of Transportation (MnDOT) on this crossover project; and

WHEREAS the project is included in the fiscal year 2018 Transportation Improvement Plan (TIP); and

WHEREAS, the Agreement will be effective upon approval by the County Board and execution by the appropriate State and County officials.

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 Agreement No. 1030739 with MnDOT for cost participation in the TH 169 Crossovers Project,

BE IT FINALLY RESOLVED that approval of this Contract is subject to approval by the County Attorney’s Office as to form.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer 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 17

th day of April, 2018 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 17th day of April, 2018.

County Administrator

Administrator's Designee




Environmental Services

CONSENT AGENDA:

Yes

No

PRESENTER: Mary VonEschen -8344

ATTACHMENTS:

Yes No

PROJECT: Septic Loan Program TIME REQUESTED: N/A

ACTION REQUESTED: Adopt Resolution No. 2018-062; Authorizing Entering Into an Amended Agreement With the Minnesota Department of Agriculture to Operate a Septic Loan Program




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution No. 2018-062; authorizing entering into an Amended Agreement with the Minnesota Department of Agriculture to operate a septic loan program. The Minnesota Department of Agriculture (DOA) provides funds to Scott County to operate a septic loan program using the DOA Agriculture Best Management Practices (AgBMP) Loan Program. Through this program, the Environmental Services Department has helped 69 homeowners replace their failing septic systems and problem water wells since 2014. In addition, the Agreement allows the Scott Soil and Water Conservation District (SWCD) to provide loans for erosion control measures, conservation tillage equipment,

and related qualifying agricultural needs. We are requesting additional funds from the DOA to fill the expected future requests for septic and well loans, as well as those requests submitted to the SWCD. Scott County is requesting an Amendment of the AgBMP Loan Agreement to increase the funds available by $98,016.82 to cover future expected loans. Fiscal Impact: No impact unless there is a default on the loan (such as a foreclosure). However, the interest collected on existing loans will be able to cover the needed funds in the rare situation that a loan is defaulted. There is no impact to Scott County for SWCD loans because those loans are provided by a private bank.






RESOLUTION NO. 2018-062; AUTHORIZING ENTERING INTO AN AMENDED AGREEMENT WITH THE MINNESOTA DEPARTMENT OF AGRICULTURE TO OPERATE A SEPTIC LOAN PROGRAM

WHEREAS, Scott County is a participating lender in the Agricultural Best Management Practices Loan

Program under MN§17.117; and

WHEREAS, Scott County is responsible to evaluate, underwrite, issue, and service loans to implement environmental plans; and

WHEREAS, Scott County guarantees full repayment of all funds provided by the Agricultural Best Management Practices Loan Program; and

WHEREAS, Scott County is requesting an Amendment of the AgBMP Loan Agreement to increase the

funds available by $98,016.82 to cover future expected loans; and WHEREAS, the Scott County Board authorizes the County Board’s Department of Agriculture

appointee (Commission Wolf) as the Local Governments Unit Authorized Representative to sign the AgBMP Loan Agreement.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners in and for the County of Scott,

Minnesota, that the Chairperson of the Board authorizes the Local Governments Unit Authorized Representative to Amend the Agreement with the Department of Agriculture increasing the net loan amount available by $98,016.82.

BE IT FINALLY RESOLVED, that approval of this Amendment is subject to approval by the County

Attorney’s Office as to form.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer 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 17th day

of April, 2018 now on file in my office, and have found the same to be a true and correct copy thereof.







Transportation Services Highway Department-Program Delivery

CONSENT AGENDA:

Yes

No

PRESENTER: Tony Winiecki - 8008

ATTACHMENTS:

Yes No

PROJECT: 2018 Overlays TIME REQUESTED: N/A

ACTION REQUESTED: Adopt Resolution 2018-058; Awarding a Contract to Valley Paving, Inc. for the Overlaying, Trail Rehabilitation, and Patching of Various County Highways




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution 2018-058; awarding a Contract to Valley Paving, Inc. for the overlaying, trail rehabilitation, and patching of various County highways. Projects as part of this Contract include: County Project (CP) 02-15: County Highway (CH) 2, length 3 miles from CH 23 to CH 27 in Cedar Lake and New Market Townships. The current Pavement Quality Index (PQI) on this segment is 52 (out of a possible 100). This roadway segment was overlaid in 1985 and 2001, and seal coated in 2008. Proposed work includes removing all of the existing (between 5 to 7 inches) bituminous and replacing with 6 inches of new bituminous.

CP 16-43: CH 16, length 0.76 miles from CH 79 to 17 in Shakopee. The current PQI on this segment is 57. This roadway segment was overlaid in 2001, and last crack filled in 2008. Work includes removing all of the approximately 4 inches of bituminous, adding drain tile, re-compacting the existing base aggregate and replacing with 5 inches of new bituminous. Eighteen intersection pedestrian ramps will be improved for ADA compliance. The intersection at Weston Court will be modified to ¾ intersection and the curb will be modified at Countryside Drive to accommodate U-turns in the east bound direction. CP 16-45: CH 16, length 1.01 miles from CH 15 to CH 79 in Shakopee. The current PQI on this segment is 69. This roadway segment was built in 2005. Work includes milling 5 inches of bituminous and overlaying with 5 inches of new bituminous. Eleven intersection pedestrian ramps will be improved for ADA compliance. CP 21-32: CH 21, length 1.52 miles from 1,200’ east of Adelmann Street to CH 27 in the City of Prior Lake and Credit River Township. The current PQI on this segment is 68. This roadway segment was overlaid in 1996, and last seal coated in 2011. Work includes milling 4 inches of bituminous and overlaying with 2 inches of new bituminous. Two intersection pedestrian ramps will be improved for ADA compliance. CP 21-33: CH 21, length 2.49 miles from Lakeside Avenue in Prior Lake to 500’ south of CH 42. The current PQI on this segment is 59. This portion of CH 21 was overlaid in 2002. Proposed work includes milling 4 inches of bituminous and overlaying with 4 inches of new bituminous. Sixteen intersection pedestrian ramps will be improved for ADA compliance. This pavement project also includes the reclamation of the Scott West Regional Trail located along the south and west side of CH 21 from CH 82 to just east of Lakeside Avenue. This segment of trail was originally constructed in 1985. It has a 2016 PASER rating of 4 on a scale of 10. This rating indicates that pavement replacement is required. This project includes full depth pavement reclamation, adjacent retaining wall repair, ADA ramp improvements, and a slurry seal. This project is funded by the Scott County Park Improvement Program (PIP). CP 81-06: CH 81, length 3.98 miles from CH 8 to Minnesota State Trunk Highway (TH) 13 in Spring Lake Township (excluding CH 10). The current PQI on this segment is 57. The segment from CH 8 to CH 10 was overlaid in 2004. The CH 10 to TH 13 segment was overlaid in 2001. Work includes removing all of the existing (between 5 to 6.5 inches) bituminous and replacing with 5 inches of new bituminous. This work is being performed in preparation for the turnback of this roadway to Spring Lake Township. Sign replacement necessary for the turnback will be handled by Scott County Highway Operations staff in coordination with the Spring Lake Township Engineer. 2018 Miscellaneous Bituminous Pavement Patching: Includes a patch along CH 10, a patch along CH 21, and two separate patches on CH 27. Work also includes milling 3 foot edge joints at the beginning and end of each patch. The project was advertised for bids and a bid opening was held on April 3, 2018. Four bids were received and the results were as follows:

Bidder Bid Amount

Valley Paving, Inc. $6,731,664.21 Park Construction Company $6,744,061.35 McNamara Contracting, Inc. $7,637,590.27 Hardrives, Inc. $7,978,166.83

Based on these results, the bid submitted by Valley Paving, Inc. of $6,731,664.21 was the lowest responsible bid. The engineer’s estimate is $7,045,436.20. The contract amount will be $6,731,664.21. Scott County has increased its investment in sealcoats, crack seals, and overlays in the past several years based on needs analysis from our pavement management system and field inspections. The amount

programed in 2018 for the pavement preservation program in the 2018-2027 Transportation Improvement Program (TIP) and for the trail in the Park Improvement Program (PIP) is as follows: Wheelage Tax $1,200,000.00 Scott County Levy $1,458,600.00 County State Aid $3,905,600.00 TIP Overlay Total $6,564,200.00 PIP Total $ 225,000.00 The bid for the trail work was $130,604. This is $94,396 less then was programmed in the PIP and will be returned to the capital improvement program (CIP) fund balance. The highway overlay and patching projects totaled $6,601,060.21 which is $36,860.21 over the amount programmed for overlays and the CH 81 turnback in the TIP. The funds to cover the overlay contract will be taken from the 2018 Spot Safety/ROW/Contingency Fund. $125,000 from the Spot Safety fund will be held in reserve to cover any needed change orders/supplemental agreements. Fiscal Impact: None






RESOLUTION 2018-058; AWARDING A CONTRACT TO VALLEY PAVING, INC. FOR THE

OVERLAYING, TRAIL REHABILITATION, AND PATCHING OF VARIOUS COUNTY HIGHWAYS WHEREAS, Scott County has programmed in 2018 the overlaying, trail rehabilitation, and patching of

various County Highways; and

WHEREAS, four bids were received on April 3, 2018 and the bid of Valley Paving, Inc., was the lowest responsible bid; and WHEREAS, funding for 2018 Overlay is included in program year 2018 for construction in the 2018-2027 Transportation Improvement Program (TIP); and WHEREAS, funding for the 2018 trail rehabilitation is included in program year 2018 for construction in the 2018-2022 Parks Improvement Program (PIP).

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 Valley Paving, Inc., for the 2018 Overlays and other work in the amount of $6,731,664.21.

BE IT FINALLY RESOLVED that approval of this Contract is subject to approval by the County Attorney’s Office as to form.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer 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 17

th day of April, 2018 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 17

th day of April, 2018.






Transportation Services Highway Department – Program Delivery

CONSENT AGENDA:

Yes

No

PRESENTER: Tony Winiecki – 8008

ATTACHMENTS:

Yes No

PROJECT: TIME REQUESTED: N/A

ACTION REQUESTED: Adopt Resolution No. 2018-060; Entering Into Agreement No. 1029827 With the Minnesota Department of Transportation for Federal Participation in County Road Safety Plan Updates




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution No. 2018-060; entering into Agreement No. 1029827 with the Minnesota Department of Transportation (MnDOT) for Federal Participation in County Road Safety Plan Updates. MnDOT and the County are proposing a federal aid project to update the County’s existing County Road Safety Plan and this project is eligible for the expenditure of federal aid funds. MnDOT is coordinating with Counties throughout the state to update local county road safety plans.

Upon execution of this Agreement the County designates MnDOT to act as its agent in accepting federal funds on its behalf made available for this project. The County has expressed its willingness to reimburse the State its share of the costs of the local match for the federal aid project. The estimated total cost of the project is $65,000, with 80 percent of the cost of the project to be paid from federal funds and the County will pay the remaining 20 percent which is $13,000. This project is programmed in the 2018-2027 Transportation Improvement Program. Fiscal Impact: None






RESOLUTION NO. 2018-060; ENTERING INTO AGREEMENT NO. 1029827 WITH

THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN COUNTY ROAD SAFETY PLAN UPDATES

WHEREAS, the Minnesota Department of Transportation (MnDOT) and the County are proposing a

federal aid project to update the County’s existing County Road Safety Plan and this project is eligible for the expenditure of federal aid funds; and WHEREAS, upon execution of this Agreement the County designates MnDOT to act as its agent in accepting federal funds in its behalf made available for this project; and

WHEREAS, the estimated total cost of the project is $65,000, with 80 percent of the cost of the project to be paid from federal funds and the County will pay the remaining 20 percent or $13,000. 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 Agreement No. 1029827 with Minnesota Department of Transportation for Federal Participation in County Road Safety Plan Updates.

BE IT FINALLY RESOLVED that approval of this Agreement is subject to approval by the County Attorney’s Office as to form.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer 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 17

th day of April, 2018 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 17

th day of April, 2018.




REQUEST FOR BOARD ACTION MEETING DATE: APRIL 17, 2018


Transportation Services Highway Department

CONSENT AGENDA:

Yes

No

PRESENTER: Tony Winiecki (Ext. 8008)

ATTACHMENTS:

Yes No

PROJECT: CP 21-15 / CP 21-16 TIME REQUESTED: N/A

ACTION REQUESTED: Adopt Resolution No. 2018-061; Approving Direct Sale of Two Vacant Remnant Parcels Along County Highway 21 Located in the City of Prior Lake to an Adjoining Property Owner for Fair Market Value as Determined by the County Assessor and to Grant Easements to the City of Prior Lake




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution No. 2018-061; approving direct sale of two vacant remnant parcels along County Highway 21 located in the City of Prior Lake to an adjoining property owner for fair market value as determined by the County Assessor and to grant easements to the City of Prior Lake.

The vacant remnant parcels were acquired circa 2009 along with the new right-of-way required for County Highway (CH) 21 for projects CP 21-15 and CP 21-16, which was on new alignment. Applicable laws and regulations required that the County, as road authority, offer to purchase these uneconomic remnant parcels

when the new right-of-way on new alignment for CH 21 created these uneconomic remnant parcels by bifurcating the properties. Each property owner elected to accept the County’s offer to purchase these uneconomic remnant parcels.

The vacant remnant parcels are assigned PID 25-923-006-9 and PID 25-923-007-2 with areas computed by the Surveyor’s Office as 1.42 acres and 3.30 acres, respectively. The County reserves an easement for highway purposes being 25 feet in width along and adjoining the existing right-of-way on PID 25-923-007-2 and also reserves all current and future rights of access to and from CH 21 along both PID 25-923-007-2 and PID 25-923-006-9 except for a gap in access control aligning with a future city street. Also, the conveyance will include restrictive covenants that the vacant remnant parcels shall be combined and assembled with the adjoining parcel and thereafter cease to exist as a lot of record.

Recently, the County Assessor determined the fair market value of these two vacant remnant parcels as provided under Minn. Stat. §373.01, as follows:

PID 25-923-006-9: Assessor’s Market Value: $9,100

PID 25-923-007-2: Assessor’s Market Value: $22,900

This request includes reserving and granting certain easements to the City of Prior Lake. The City of Prior Lake has a public use on part of the vacant remnant parcel assigned PID 25-923-006-9, which is for a roadway easement and for an easement for drainage, utility, and trail purposes. The roadway easement is for a future city street easterly from an existing full-access curb cut on CH 21. The drainage, utility, and trail easement is for utilities and for the City’s trail connection to a buried underground pedestrian tunnel crossing under CH 21, which was constructed as part of the highway project to construct CH 21 on new alignment.

As a result of the reservations for granting the City of Prior Lake an easement for roadway purposes and an easement for drainage, utility and trail purposes, department staff computes an adjustment downward in the sum of $1,930 to the County Assessor’s Market Value, as follows:

PID 25-923-006-9: Adjusted Market Value: $7,170

PID 25-923-007-2: Adjusted Market Value: $22,900

Therefore, the request is to approve a direct sale of these two vacant remnant parcels in a sum of $30,070. The direct sale of these two vacant remnant parcels will return these parcels to the tax rolls for future assessment of property taxes and will provide an opportunity for their use by combination and assemblage with an adjoining parcel by conveyance to a developer holding rights to purchase the adjoining property for a pending development. Fiscal Impact: The revenue from the sale of the excess right-of-way will be placed into the Road and Bridge Fund for future reprogramming.






RESOLUTION NO. 2017-016; APPROVING DIRECT SALE OF TWO VACANT REMNANT PARCELS ALONG COUNTY HIGHWAY 21 TO AN ADJOINING PROPERTY OWNER FOR

FAIR MARKET VALUE AS DETERMINED BY COUNTY ASSESSOR AND TO GRANT EASEMENTS TO THE CITY OF PRIOR LAKE, LOCATED IN CITY OF PRIOR LAKE

WHEREAS, the County acquired the two vacant remnant parcels assigned PID 25-023-006-9 and PID

25-923-007-2 circa 2009 when new right-of-way for County Highway (CH) 21 on new alignment bifurcated two properties, which created these vacant remnant parcels under Projects CP 21-15 / CP 21-16; and

WHEREAS, the County reserves an easement for highway purposes being 25 feet in width along the existing right-of-way line on PID 25-923-007-2; reserves all current and future rights of access to and from CH 21 on both parcels except for a gap in access control for and aligning with a future city street intersecting with CH 21; reserves in favor of the City of Prior Lake an easement for roadway purposes and an easement for drainage, utility, and trail purposes on part of PID 25-923-006-9; and subject to restrictive covenants for combination and assemblage of these remnant parcels with an adjoining parcel; and

WHEREAS, the two vacant remnant parcels, subject to the above-referenced reservations and restrictive covenants, have no foreseeable public use; and

WHEREAS, the County Assessor has determined the fair market value in the sum of $32,000 for these

two vacant remnant parcels for direct sale to an adjoining landowner as provided under Minn. Stat. §373.01 less a sum of $1,930 for reserving easements in favor of the City of Prior Lake equals a total sum of $30,070; and

WHEREAS, the approval of this direct sale is conditioned upon the developer exercising its option or rights to purchase the adjoining property by conveyance to it as the fee owner; and

WHEREAS, the direct sale will return the vacant remnant parcels onto the tax rolls.






NOW THEREFOR BE IT RESOLVED that the Board of Commissioners in and for the County of Scott,

Minnesota, hereby approves the direct sale in the sum of $30,070, subject to the reservations and the restricted covenants referenced hereinabove; and also approves the reservation and granting of the above-referenced easements in favor of the City of Prior Lake.

BE IT FINALLY RESOLVED that approval of this Contract is subject to approval by the County

Attorney’s Office as to form.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer 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 17th day of April, 2018 now on file in my office, and have found the same to be a true and correct copy

thereof.







OMB – Finance Accounting

CONSENT AGENDA:

Yes

No

PRESENTER: Scott Goettl - 8586

ATTACHMENTS:

Yes No

PROJECT: TIME REQUESTED:

ACTION REQUESTED: Approve Record of Disbursements and Approve Claims




FISCAL:

Finance Review

Budget Change










Denied: Kathy Shanks Tabled:

Other:

Deputy Clerk :

Date:


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 $9,677,325.19 from March 1 through March 31, 2018.



ORIGINATING DIVISION: ORIGINATING DEPARTMENT: Employee Relations

CONSENT AGENDA:

Yes

No

PRESENTER: Monica Siegle

ATTACHMENTS:

Yes No

PROJECT: --- TIME REQUESTED: ---

ACTION REQUESTED: Approve Payroll Processing of Personnel Actions Indicated Below and Hereby Certified by the Employee Relations Director and the Appointing Authority to be in Compliance With the Provisions of Minnesota Statutes 375.56 – 375.71 and the Scott County Personnel System




FISCAL:

Finance Review

Budget Change










Denied:

Monica Siegle, Employee Relations Cara Madsen, Volunteer and Community Coordinator

Tabled:

Other:

Deputy Clerk :

Date:


1. Separation of employment for Kristin Hendrick, FT Assistant County Attorney II, Attorney’s Office, effective 04/13/18.

2. Separation of employment for Kelly Kaeding, Intermittent (34% FTE) 911 Dispatcher-Unclassified, Sheriff’s Office, effective 03/19/18.

3. FT Probationary employment for Jesse Garza, 911 Dispatcher, Sheriff’s Office, effective 05/02/18. 4. FT Probationary employment for Jayme Prokes, Financial Assistance Specialist, Health and Human

Services Division, effective 04/16/18.

5. FT Probationary employment for Angela Baggio, Financial Assistance Specialist, Health and Human Services Division, effective 04/16/18.

6. FT Temporary employment for Nicholas Feddersen, Survey Assistant-Unclassified, Community Services Division, effective 05/14/18.

7. PT (90% FTE) Probationary employment for Jennifer King, Social Worker II, Health and Human Services Division, effective 04/13/18.

8. PT (40% FTE) Temporary employment for Amy Forsline, Crime & Drug Prevention-Unclassified, Attorney’s Office, effective 04/16/18.

9. Promotion for Kimberly Thaemert, FT Financial Assistance Specialist-Lead Worker to FT Probationary Financial Assistance Supervisor, Health and Human Services Division, effective 04/02/18.

10. Promotion for Jennifer Donnelly, FT Customer Service Specialist to FT Probationary Customer Service Supervisor, Community Services Division, effective 04/02/18.

11. Promotion for Sheryl Schmitt, FT Senior Administrative Specialist to FT Probationary Supervisor Administrative Services, Sheriff’s Office, effective 04/02/18.

12. Promotion for Jarrett Hubbard, FT Senior Planner to FT Probationary Principal Planner, Transportation Services Division, effective 03/29/18.

13. Reclassification for Sarah Geffre, FT Senior Administrative Specialist to FT Program Specialist, Community Services Division, effective 03/30/18.

14. Reclassification for Jill Krahn, FT Senior Legal Assistant to FT Systems Support Technician, Attorney’s Office, effective 03/26/18.

15. Reclassification for Jennifer Bausman-Schultz, FT Procurement Manager to FT Enterprise Risk Manager, Office of Management and Budget, effective 03/26/18.

16. 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 Ivy Lippert Maiya White David Nichols Amoligha Timma Ross Wagener Dhwani Hingu Heidi Emerson Caitlin Tran Allen Andersen Annie Otting Virginia Romelus Lilly Kuiken Chelon Rasmussen Neha Patole Todd Sasse Malia Nelson Krista Dahlke Karishma Kumar Vicki Theis Kathleen Pichotta Jody Barringer Joe Hartmann Kenneth Burill Bryce Deutsch Juliann Will

Fiscal Impact: N/A




Board of Commissioners

CONSENT AGENDA:

Yes

No

PRESENTER: County Board Vice Chair

ATTACHMENTS:

Yes No

PROJECT: TIME REQUESTED: 10 minutes

ACTION REQUESTED: Presentation of Certificates of Appreciation to Former Members of Citizen Advisory Committees




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to present certificates of appreciation to former members of citizen advisory committees. These individuals have contributed their time, talent, and expertise over a period of years to serve Scott County in an advisory capacity. All Hazards Committee Kai Hjermstad Marion Schmidt

Board of Adjustment/Planning Advisory Commission Gary Andersen Community Corrections Advisory Board Donna Hentges Community Development Agency Board of Commissioners Jane Victorey Extension Committee Kathie Eckoff Doug Gauquie Tyler Schmitt Human Services Resource Council Chau Le Michael Tennison Mental Health Local Advisory Council Todd Leech Prior Lake-Spring Lake Watershed District Board of Managers Marianne Breitbach Fiscal Impact: None




Office of Management and Budget

CONSENT AGENDA:

Yes

No

PRESENTER: Cara Madsen - 8169 ATTACHMENTS: Yes No


ACTION REQUESTED: Adopt Resolution No. 2018-064; Proclaiming April 15 – 21, 2018 as Volunteer Recognition Week




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution No. 2018-064; proclaiming April 15 – 21, 2018 as Volunteer Recognition Week.

The Scott County Board of Commissioners wishes to recognize the personal contributions of its citizen volunteers. Volunteers generously and readily step forward to volunteer at area libraries; bring self-help, faith based, and educational programs into the Scott County jail; work with youth, families and seniors in mentoring and other support roles; transport citizens; engage in civic action for local and County government by responding to emergencies and disasters; and serve on committees and advisory boards. Through the work of these volunteers, the quality of life is improved for all of Scott County’s citizens and equally important, these opportunities allow our volunteers to engage in local County government. Fiscal Impact: None






RESOLUTION NO. 2018-064; PROCLAIMING APRIL 15 – 21, 2018 AS VOLUNTEER RECOGNITION WEEK

WHEREAS, over half of all Minnesotans engage in their communities, impact their neighborhoods, and

enhance their world through a multitude of volunteer services; and

WHEREAS, through this selfless dedication, innumerable lives are changed – families restored, neighborhoods revitalized, and individuals reinvigorated – which, in turn, brings all communities together in the pursuit of the health, vitality, and sustainability of Scott County; and

WHEREAS, Scott County volunteers generously and readily step forward to volunteer at area libraries;

bring self-help, faith based, and educational programs into the Scott County Jail; work with youth, families and seniors in mentoring and other support roles; transport citizens; engage in civic action for local and County government by responding to emergencies and disasters; and serve on committees and advisory boards; and

WHEREAS, this level of involvement provides substantial savings and benefit to Scott County

taxpayers and its citizens each year; and WHEREAS, it is both fitting and proper to recognize our dedicated citizen volunteers who have

demonstrated their commitment to the betterment of our community throughout the year. NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners in and for the County of Scott,

Minnesota, that the week of April 15 – 21, 2018 is proclaimed Volunteer Recognition Week in Scott County.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer Yes

No Absent

Abstain

Ulrich Yes

No Absent

Abstain

State of Minnesota)

County of Scott )




thereof.







Community Services Planning

CONSENT AGENDA:

Yes

No

PRESENTER: Brad Davis

ATTACHMENTS:

Yes No

PROJECT: 2040 Comprehensive Plan TIME REQUESTED: 15 Min

ACTION REQUESTED: Adopt Resolution No. 2018-063; Approving Distribution of the Draft 2040 Comprehensive Plan to Adjacent and Affected Jurisdictions and Agencies for the Six Month Comment Period




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution No. 2018-063; approving distribution of the Draft 2040 Comprehensive Plan to adjacent and affected jurisdictions and agencies for the six month comment period. Per Minn. Stat. 473.858, communities in the Twin Cities metropolitan region must distribute its draft plan update to adjacent and affected jurisdictions and agencies for review and comment for at least 6 months. The purpose for this requirement is to allow interested jurisdictions and agencies the opportunity to review and comment before the plan update is considered by the Metropolitan Council and before the plan is finally adopted by the County Board.

The following is a list of 65 adjacent and affected jurisdictions and agencies that will receive a copy of the County’s draft 2040 Comprehensive Plan Update:

City Belle Plaine

Belle Plaine Twp.

Blakeley Twp.

City of Bloomington

City of Burnsville

City of Carver

Cedar Lake Twp.

City of Chanhassen

City of Chaska

Credit River Twp.

City of Eden Prairie

City of Elko New Market

Eureka Twp.

Greenvale Twp.

Helena Twp.

Jackson Twp.

City of Jordan

City of Lakeville

Louisville Twp.

New Market Twp.

City of Prior Lake

San Francisco Twp.

Sand Creek Twp.

City of Savage

City of Shakopee

Spring Lake Twp.

St. Lawrence Twp.

Carver County

Dakota County

Hennepin County

Derrynane Twp.

Faxon Twp.

Henderson Twp.

Jessenland Twp.

Lanesburgh Twp.

City of New Prague

Tyrone Twp.

Webster Twp.

Wheatland Twp.

Le Sueur County

Rice County

Sibley County

ISD 191; Burnsville-Eagan-Savage

ISD 194; Lakeville

ISD 271; Bloomington

ISD 716; Belle Plaine

ISD 717; Jordan

ISD 719; Prior Lake-Savage

ISD 720; Shakopee

ISD 721; New Prague

ISD 2397; Le Sueur-Henderson

Black Dog Watershed Management Organization

Carver County Watershed Management Organization

High Island Creek Watershed District

Lower Minnesota River Watershed District

North Cannon River Watershed Management Organization

Prior Lake- Spring Lake Watershed District

Scott County Watershed Management Organization

Vermillion River Watershed Joint Powers Organization

Three Rivers Park District

Minnesota Valley Transit Authority

State Agency MnDOT

State Agency MnDNR

State Agency MAC

Shakopee Mdewakanton Sioux

Community

This requested action was recommended by the Scott County Planning Advisory Commission in their Resolution No. 2018-001 (attached) passed on April 9. The Planning Commission held a public hearing on the draft plan on April 9. Approximately 35 people attended the hearing based on estimated head counts, and four people provided oral comments. Three residents from Cedar Lake Township spoke in opposition to the draft plan’s proposal to allow outlots in previously clustered residential developments to further develop into 2.5-acre lots. The residents expressed a desire to keep the Township rural and only allow 10-acre lot development. The other person commenting on the draft plan represented Automobile Nation in Sand Creek Township and spoke in favor of re-guiding the car dealership site from “Transition” to “Commercial” so that the owners can invest in the site and expand their inventory. Prior to the public hearing, the Planning Department received 22 written comments from people who attended one of the public open houses last month, five written comment letters from Town Boards (Sand Creek, Louisville, Belle Plaine, Helena, and New Market) and two written comments from individual property owners. (All of this written input is attached in the staff report prepared for the public hearing). From all of this input so far, there appears to be three overarching issues that need further evaluation:

Densities: Belle Plaine and Helena Town Boards are both requesting that large areas of their Townships designated as “Agricultural Preservation” on the draft 2040 planned land use map be changed to “Transition Area.” This requested change would allow landowners in these designated areas to increase their residential density from 1 home per 40 acres to 1 home per 10 acres clustered. The Town Boards’ requested change in density is not consistent with the Metropolitan Council’s THRIVE MSP regional framework plan – which calls for these areas to be Agriculture with a maximum density of 1 home per 40 acres. It is possible to submit a plan that deviates from the Met Council’s framework, but more detailed documentation on the need for this increased density will be required, along with documentation on what ordinances the County has in place to promote and preserve agricultural uses in this part of the county.

Lot Sizes/Outlots: Some residents in Cedar Lake Township are opposing the draft plan’s proposal to allow outlots in previously clustered residential developments to further develop into 2.5-acre lots. These residents express a desire to keep the Township rural and only allow 10-acre lot development. Planning staff will be attending a Cedar Lake Town Board meeting on May 1 to discuss this issue in more detail.

Road Turn-backs: Several Town Board Supervisors have expressed concern with the draft plan’s proposal to transfer jurisdiction of County roadways to the Townships over time. These Townships cite the budget impact of maintaining these additional lane miles – most of which are bituminous road surfaces. The draft plan identifies a potential list of transfers in a table and on a series of maps. Many on the list have been identified on previous transportation plans and are meant to be long-term discussion items with Town Boards as situations or opportunities come up with certain road segments.

The Planning Commission has committed to holding a series of workshops this spring and summer to discuss these overarching issues – as well as other comments - with Planning staff, Townships and affected residents and landowners to formulate recommendations during the 6-month comment period. After closing the public hearing, the Planning Commission unanimously passed Resolution No. 2018-001 which recommends Board authorization to refer the draft plan to adjacent and affected jurisdictions. Staff is recommending approval of Resolution No. 2018-063 Fiscal Impact: None.

http://www.scottcountymn.gov/DocumentCenter/View/10228







RESOLUTION NO. 2018-063; APPROVING DISTRIBUTION OF THE DRAFT 2040 COMPREHENSIVE PLAN TO ADJACENT AND AFFECTED

JURISDICTIONS AND AGENCIES FOR THE SIX MONTH COMMENT PERIOD

WHEREAS, Minn. Stat. §§ 394.23 and 473.864 require the County to review its comprehensive plan

and amend it, if necessary; and WHEREAS, the Scott County Planning Advisory Commission has the authority to recommend that the

Board of County Commissioners adopt a comprehensive plan under Minn. Stat. § 394.30; and

WHEREAS, Scott County duly noticed a public hearing on the aforementioned comprehensive plan update, and the Planning Advisory Commission held a public hearing on the comprehensive plan update on April 9, 2018, at 6:30 p.m. with 30 people signed in for attendance and four people providing verbal comments; and

WHEREAS, the Scott County Planning Advisory Commission unanimously recommended the draft 2040 Comprehensive Plan Update to the Board of Commissioners for referral to adjacent and affected jurisdictions and agencies for review per Minn. Stat. § 473.858 prior to conditional approval and submittal to the Metropolitan Council in Resolution No 2018-001.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in and for the County of Scott,

Minnesota, that the draft 2040 Comprehensive Plan Update dated April 9, 2018 is hereby ready for referral to adjacent and affected jurisdictions for formal review and written comment.

BE IT FINALLY RESOLVED that the Planning Advisory Commission and County Board will review staff response to all written comments received from adjacent and affected jurisdictions and agencies before considering preliminary approval and submittal of the draft 2040 Comprehensive Plan Update to the Metropolitan Council.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer Yes

No Absent

Abstain

Ulrich Yes

No Absent

Abstain

State of Minnesota)

County of Scott )









Customer Service Zoning Administration

CONSENT AGENDA:

Yes

No

PRESENTER: Marty Schmitz x 8349

ATTACHMENTS:

Yes No

PROJECT: Minnesota Harvest Orchard

TIME REQUESTED: 10 minutes

ACTION REQUESTED: Approve the Request to Amend a Conditional Use Permit for Minnesota Harvest Orchard, Skip Cook, Applicant, and Minnesota Harvest LLC, Property Owner, for the Sale of Agricultural Products and Services in Sections 27 and 34, St. Lawrence Township




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to approve the request to amend a Conditional Use Permit for Minnesota Harvest Orchard, Skip Cook, applicant, and Minnesota Harvest LLC, property owner, for the sale of agricultural products and services in Sections 27 and 34, St. Lawrence Township. This action was recommended by the Scott County Planning Advisory Commission on April 9, 2018 in accordance with Chapters 2, 12 and 25 of Scott County Zoning Ordinance No. 3 based on the 6 criteria for approval and 34 conditions.

Minnesota Harvest Orchard (Orchard) has existed at this location since around 1970. In 1977, Minnesota Harvest received a Conditional Use Permit (CUP) for the sale of agricultural products including apples, honey, apple cider, etc. This was a seasonal operation operated from July 1st through November 30th. In 1991 the CUP was reopened and updated. The updated CUP was issued for the continued sale of agricultural products, services, related items, and signage. The 1991 CUP recorded document is attached. In 2016, the former owner of the Orchard (Mildred Sponsel Testamentary Trust) brought a lawsuit against the County in Minnesota Federal District Court claiming that the County arbitrarily and capriciously denied the Orchard’s various permits, imposed unreasonable conditions or restrictions upon the use of the property, and defamed the Orchard. The County believes and contends that there is a history of violations of the 1991 CUP by the Orchard and that the Orchard has not obtained building/septic permits prior to structures being built, structures being modified, and activities being held on the property. The Orchard and the County have reached a tentative Settlement Agreement to resolve the lawsuit which includes the current owner (Minnesota Harvest LLC) making application to amend the 1991 CUP with the negotiated conditions of this permit and if approved by the County Board will control the use of the property. The primary change to the 1991 CUP is to include the hosting of events including wedding ceremonies and wedding receptions, bridal showers, baby showers, birthday celebrations, retirement parties, corporate parties, fundraisers, etc. These functions/events would be held in the existing retail sales building (main lodge), new red barn and tent structure. The request also includes the addition in the future of 10 camping sites and a bed and breakfast facility. Minnesota Harvest LLC is using the red barn constructed in 2013 for feed and equipment storage and the main lodge building constructed for retail sales to host wedding receptions and other events. Neither the red barn nor the main lodge was constructed for an assembly occupancy use and neither building meets building code for an assembly structure. Through the Settlement Agreement both structures are to meet the building codes that were in place when they began hosting events in these structures. The red barn will need to be made compliant with current building codes by December 31, 2019. Until the red barn is in compliance with the building codes, Minnesota Harvest LLC will arrange for trained security and fire watch personnel to be present at all authorized events where 100 occupants or more are anticipated to attend. The assembly area of the lodge building will need to meet the standards of the 1988 Uniform Building Code which was in place at the time the Orchard began hosting events in the lodge. Until these repairs have been made and approved by the County, the lodge cannot be used as an assembly space. Through the Settlement Agreement, Minnesota Harvest LLC must apply for building permits for the shop structure and groom’s gathering structure that were constructed over the last two years without permits. Also, the current septic system is considered failing due to a surface discharge and failing to protect ground water. The owner shall design and install a new septic system fully compliant with State rules and County ordinances by December 31, 2018. Food for events will be prepared in a Minnesota Department of Agricultural approved commercial kitchen on-site or provided by an outside caterer. Minnesota Harvest LLC has made application for a Strong Beer and Wine License. With the approval of this License all alcoholic beverages will be supplied and served by Minnesota Harvest staff. Minnesota Harvest is licensed as a Farm Winery which permits them to offer wine (hard cider) tasting to customers individually or in groups. As proposed, all amplified music will be contained within the barn or lodge structure and will be turned off by 12:00 a.m. Currently, there are no overnight accommodations allowed on the site. Minnesota Harvest LLC is requesting up to 10 camp sites and to construct a bed and breakfast. Approximately 800 parking spaces are available on site to accommodate the people attending the orchard and events on site. Access to the site is from Old Highway 169 Blvd, a concrete County roadway. The access was developed decades ago to accommodate heavy public weekend traffic. The driveway up the bluff to the parking lot is approximately 500 feet long and is paved. The parking lot includes spaces for approximately 800 cars with other open space available if needed. Recently, when self-monitoring traffic generated by a wedding of 280 people, 140 cars arrived, approximately one car for every two attendees.

The Zoning Ordinance requires places of assembly to provide one parking space for each three guests. With 800 parking spaces Minnesota Harvest is in compliance with County parking requirements. A significant access issue is the need for a left turn lane at the access to Old Highway 169 Blvd (County Road 66). County Road 66 is classified as a minor arterial roadway. Through the Settlement Agreement to increase safety for vehicles entering and exiting the facility and vehicles traveling on County Road 66, the County anticipates to construct a left turn lane at the entrance. The County will be responsible for funding and construction and Minnesota Harvest LLC will give all necessary permanent and temporary easement on the property for the construction of the left turn lane on Old Highway 169 Blvd. Minnesota Harvest also agrees to pay a special assessment of $30,000 for the construction. Township Recommendation: The St. Lawrence Town Board will be hearing the request at its April 12th monthly meeting. At the Planning Commission meeting on April 9th a representative of the Town Board stated that the Township will likely not make a recommendation on the amended CUP. Staff Recommendation: Minnesota Harvest Orchard has been in business at this location for approximately 45 years. The business began as an orchard with entertainment for their guests to enjoy while buying/picking apples. Over time the business evolved with different types of entertainment. Staff is supportive of the use of the facility to host events. The request is similar to what other seasonal rural recreational uses including golf courses and the MN Horse and Hunt Club are doing. These types of facilities have large structures, septic systems, and parking to support events. Through the Settlement Agreement and attached conditions, Staff is satisfied that the structures used to host events will meet all building codes, the septic system will be sized and designed to handle the addition wastewater generated by the events and the access to the County road will be safe and consistent with how other similar facilities are treated. Fiscal Impact: None

Criteria for Approval: 1. The use will not create a burden on public facilities and utilities, which serve or are proposed to serve the area. The site is served by Old Highway 169 (CR 66). CR 66 is a concrete roadway with 55 MPH speed limit and is classified as a minor arterial. The County anticipates the construction of a left turn lane at the entrance of the property on Old Highway 169 Blvd for safer entrance and egress. Minnesota Harvest will provide any permanent and temporary right-of-way on their property necessary for the turn lane and its construction at no cost. Minnesota Harvest also agrees to be assessed $30,000 over a 10-year period to pay for a portion of the turn lane. 2. The use will be sufficiently compatible with, or separated by sufficient distance from, or

screened from adjacent agricultural or residential land uses so that there will be no deterrence to the use or development of adjacent land and uses.

Minnesota Harvest is located on 300 acres. Approximately half the site is planted in apple trees and the remainder is woodlands, wetlands and agricultural land. None of the facilities including buildings and parking areas are visible from adjacent properties or roadways. The structures used to host events are located approximately 1,600’ away from the nearest home. 3. If improvements are made, they shall be so designated and constructed that they are not

unsightly in appearance to the extent that it will hinder the orderly and harmonious development of the district wherein proposed.

The red barn and main lodge will need to meet the building code for assembly in order to continue to use these structures to host events. The structures are currently used as part of the Minnesota Harvest operation and are not unsightly in appearance. These structures are not visible from adjacent properties or roadways. 4. Adequate measures have been taken to provide ingress and egress so designed as to minimize traffic congestion, provide adequate access to public roads, and provide on-site parking. The Zoning Ordinance requires places of assembly to provide one (1) parking space for each three (3) guests. With 800 parking spaces Minnesota Harvest is in compliance with County parking requirements. The County anticipates the construction of a left turn lane at the entrance of the property on Old Highway 169 Blvd for safer entrance and egress. Minnesota Harvest will provide any permanent and temporary right-of-way on its property necessary for the turn lane and its construction at no cost. Minnesota Harvest also agrees to be assessed $30,000 over a 10-year period to pay for a portion of the turn lane. 5. Adequate water supply, Individual Sewage Treatment System facilities, erosion control, and stormwater management are provided in accordance with applicable standards. The existing septic system is not designed to handle the waste water from two event structures and the orchard operations. Through the tentative Settlement Agreement the applicant will update/replace the septic system by December 31, 2018 to handle the additional waste water generated. Until the septic system is updated Minnesota Harvest is proposing to use the existing septic system along with portable bathrooms for scheduled events. The Scott County Sewage Treatment Ordinance permits seasonal uses to use portable bathroom facilities. No grading or construction is proposed as part of this application. Scott County will review erosion control and storm water with future grading and construction permits. 6. All buildings/structures must meet the intent of the State Building Code and/or fire codes. Minnesota Harvest LLC is using the red barn constructed in 2013 for feed and equipment storage and the main lodge building constructed for retail sales to host wedding receptions and other events.

Neither the red barn nor the main lodge was constructed for an assembly occupancy use and neither building meets Building Code for an assembly structure. Through the tentative Settlement Agreement both structures are to meet the building codes that were in place when they began hosting events in these structures. The Red Barn will need to be made compliant with current building codes by December 31, 2019. Until the red barn is in compliance with the building codes Minnesota Harvest LLC will arrange for trained security and fire watch personal to be present at all authorized events where 100 occupants or more are anticipated to attend. The assembly area of the lodge building will need to meet the standards of the 1988 Uniform Building Code. Until these repairs have been made and approved by the County the lodge cannot be used as an assembly space. Through the tentative Settlement Agreement, Minnesota Harvest LLC must apply for building permits for the shop structure, and grooms gathering structure that were constructed over the last two years without permits. Conditions of Approval:

1. The permit holder provided the County with a site plan of the property subject to the conditional use permit, which is incorporated into this document and attached hereto as Exhibit A. All references to the site plan shall refer to Exhibit A. All references to the “Lodge,” “Red Barn,” “Tent,” and other buildings or locations on the property shall refer to those spaces as identified on the site plan.

2. The permit holder is authorized to operate an apple orchard and market apples and

associated agricultural products directly to the public at its location. The permit holder is also authorized to operate a pick your own agricultural products operation at the location, and is authorized to conduct and offer other related products and activities as set forth within this permit. The permit holder’s orchard and agricultural operation is the property’s primary use and all other uses authorized by the conditions set forth within this permit are subordinate and accessory to the orchard and agricultural use.

3. The permit holder is authorized to host the following events on the property under the

conditions set forth within this permit: wedding ceremonies and receptions; bridal showers; baby showers; birthday parties; anniversary parties; retirement parties; corporate functions; boy scout and girl scout events; graduation parties; meetings; family and class reunions; religious gatherings and celebrations; holiday parties; teas; tastings; fundraisers; corn pits; corn mazes set back at least 100 feet from all property lines; dog sled rides; tours; cross-county skiing; sleigh rides; and auto and agricultural equipment shows and demonstrations, which shall not include motocross or other types of races or truck pulls. The gatherings listed in this paragraph shall be deemed to be the “authorized events.”

4. Any event not listed in condition 3 above is not authorized. Events that are not listed in

condition 3 that the permit holder believes are compatible with the zoning ordinance and all other applicable rules, regulations, and codes, and appropriate for the property and structures provided or to be provided for the hosting of events, may be allowed if approved by the zoning administrator. Such approval must be made in writing and will not be unreasonably withheld. The permit holder may seek approval from the zoning administrator through direct communication or under the procedure specified for administrative permits under Section 2-8 of the Scott County Zoning Ordinance.

5. The permit holder is authorized to sell and to provide for the sale of agricultural and related

products to members of the public while they are on the property, including agricultural products produced off the premises, in accordance with the following provisions:

a. The permit holder is authorized to operate a packinghouse for agricultural products produced on or off site for the purpose of sale on site.

b. The permit holder is authorized to store, warehouse, and otherwise maintain fruit and other perishable and non-perishable agricultural products for the purpose of sale on site. c. The permit holder may produce and prepare products and food for sale on site,

including but not limited to bakery products, candy, packaged food items, apple beverages including cider and juice, other value added agricultural products, and other food products.

d. The permit holder may sell packaged food items not produced on the premises and non-food items that are directly related to the preparation for consumption and consumption of agricultural products sold on the premises.

e. The permit holder may allow up to five booths on site for outside vendors to sell agricultural related products produced off site.

f. Agricultural products produced off site that are sold, stored, warehoused, or otherwise maintained on site shall make up no more than 35% of the agricultural products sold on site annually. All sales made pursuant to this condition 5 shall be included in the calculation of onsite sales, regardless of whether permit holder receives the revenue from the sales.

g. The permit holder may not sell, store, warehouse, or otherwise maintain any non-apple agricultural products produced off site for the purpose of sale or resale off the premises.

6. The permit holder is authorized to sell and to provide for the sale of agricultural products

produced on site off the premises. The off-premises sale of agricultural products produced on site shall not be governed by the terms of condition 5.

7. The permit holder may sell souvenirs or other items of merchandise, such as t-shirts, hats,

sweatshirts and other clothing, linens, jewelry, carving and other similar items.

8. The permit holder may engage in the following entertainment activities, which are deemed subordinate and accessory to the sale of agricultural products:

a. Live music, at no additional cost to people, such as player pianos, concertina, non-

amplified small musical groups, and other low noise level music to entertain patrons of the agricultural sales operation in the area of the premises identified as Lodge, Red Barn, or Pavilion on the site plan.

b. Visual, educational, and theatrical entertainment, at no additional cost to people. c. The use of farm animals for educational and entertainment purposes. d. The offering of rides and hikes on maintained trails throughout the orchard area, including hay rides, pony rides, wagon rides, and carriage rides. e. The provision of child centered concessions such as face painting and food booths; the allowance of one antiques dealer display or booth; and product demonstrations. f. The provision of helicopter rides over the permit holder’s property in accordance with all Federal Aviation Administration rules and regulations and all other applicable state, federal, and local laws.

9. Any form of entertainment not listed in this CUP is not authorized. Entertainment not

specifically described in the CUP may be allowed if approved by the zoning administrator. Such approval must be made in writing and will not be unreasonably withheld. The permit holder may seek approval from the zoning administrator through direct communication or under the procedure specified for administrative permits under Section 2-8 of the Scott County Zoning Ordinance.

10. All trails for public use, as shown on the site plan, shall be properly and safely maintained by the permit holder.

11. The permit holder shall be allowed to hold holiday light shows from Thanksgiving Day through January 10.

12. The permit holder may have properly licensed food trucks on the premises.

13. In connection with the operation of an agricultural products operation and with the holding of authorized events, the permit holder may operate a properly licensed and permitted commercial kitchen.

14. All parking for all activities allowed on the site shall be provided on site and in accordance

with the site plan. No parking for activities on the site shall be allowed on public roads. All customer traffic shall enter the site from Old Highway 169 Blvd at Apple Lover’s Lane, as shown on the site plan.

15. Authorized events may only be conducted in the Lodge, Red Barn, and the Tent, at the

Pavilion and other outdoor event spaces marked on the site map, and on the maintained trails.

16. At no time may the occupant limit be exceeded at authorized events hosted within any

building or structure set forth in condition 15, as determined by the Minnesota State Building Code. For events in excess of the occupant limit held in the Red Barn or Lodge, the permit holder may use the Tent, which shall require a building permit be obtained before it is set up each year and must fully meet the requirements of the Minnesota State Building Code and Minnesota State Fire code in effect at the time each permit is issued. The County will not unreasonably withhold the issuance of the permit for the Tent.

17. The permit holder shall be allowed to operate a Bed and Breakfast Establishment on the

premises, meeting all of the requirements of Section 7-2 of the Scott County Zoning Ordinance, and after obtaining all required permits for building the Establishment and that are required for operation of the Establishment under state law and county ordinances.

18. The permit holder will monitor and record the volume of wastewater discharged to the septic

system. Wastewater readings must be reported to the Scott County Environmental Services Department on a quarterly basis, along with a description of the process used to read wastewater discharge. All changes to wastewater flows and discharge into the septic system, including, but not limited to changes to result from the addition, expansion, or other alterations of uses or buildings on the permitted property, are subject to approval and inspection by Scott County. The Scott County Environmental Services Department and any other monitoring agency may require permitting and conduct inspections of the septic system in accordance with state, federal, and local law.

19. Unless specifically allowed by the Minnesota Pollution Control Agency, as evidenced in

writing from the Agency and provided to the Scott County Environmental Services Department by the permit holder, wastewaters from washing apples and from the Cider Press may not go into the septic system and must be directed as approved by the Minnesota Pollution Control Agency.

20. The permit holder shall make all repairs and improvements, including those to the septic

system, Red Barn, and Lodge, obtain all permitting, and comply with the fire safety procedures in accordance with the agreement entered into for the purposes of settling the case of Mildred Sponsel Testamentary Trust d/b/a Sponsel’s Minnesota Harvest Orchard v. Scott County, Court File No. 16-CV-02660-MJD-BRT and shall otherwise comply in full with the terms of the agreement.

21. A left turn lane may be installed at the entrance to the premises off of Old Highway 169 Blvd

at Apple Lover’s Lane by the County in accordance with the agreement entered into for the purposes of settling the case of Mildred Sponsel Testamentary Trust d/b/a Sponsel’s Minnesota Harvest Orchard v. Scott County, Court File No. 16-CV-02660-MJD-BRT.

22. All business operations at the site shall comply with all applicable state, federal and local regulations and the permit holder shall maintain in place all applicable permits required for all structures and activities by state and local governments. By way of example only, those include, but are not limited to, all Minnesota Pollution Control Agency permitting requirements, all Department of Health and Agricultural Department permit requirements for food handling and storage, and all permit requirements under state and local liquor laws for the dispensing and consumption of alcohol on the premises.

23. Copies of all applications made by the permit holder to any other governmental entity

concerning structures, including the use of those structures, or land alterations on the property shall be provided to Scott County within 30 days of the application. Copies of all permits, approvals, or similar documents issued by such other governmental entities to the permit holder concerning structures, including the use of those structures, or land alterations on the property shall be provided to Scott County within 30 days of their receipt.

24. The property shall at all times be maintained in a neat and orderly manner.

25. All solid and hazardous waste shall be maintained and disposed of in accordance with all

applicable state, federal, and local laws.

26. The property may be offered to members of the public for overnight camping and/or recreational vehicle camping, for up to 10 camp sites, in compliance with all State and County permit and license requirements. The Property may not be offered to members of the public for off road vehicle driving.

27. All existing signage shall be allowed to be used and maintained by the permit holder. Any

changes to existing signage or additional signage must be approved pursuant to the provisions of the Scott County Zoning Ordinance. Changes to sign copy alone are not subject to approval by Scott County.

28. In connection with agricultural operations and with the operation of a pick your own

agricultural products operation, hours of operation may be 9:00 a.m. to 10:00 p.m., seven days per week for twelve months per year, allowing for 24-hour operations by the owner and employees as deemed necessary. Except as provided in condition 30, amplified sound shall not be allowed in connection with such operations.

29. In connection with authorized events, hours of operation shall be limited to 9:00 a.m. to 1:00

a.m. Events or activities held outside must end or be confined to a building, in accordance with this permit, by 10:00 p.m., except that authorized events on the Pavilion may continue until 1:00 a.m. Except as set forth in condition 30, amplified sound associated with authorized events shall only be allowed in the Lodge and the Red Barn. Amplified sound shall not be allowed after 12:00 a.m.

30. Outdoor amplified sound, whether live or recorded, shall be allowed only as follows:

a. At wedding ceremonies anywhere on the property, but limited to the amplification of wedding vows and the playing of songs during the ceremony, which includes the opening and closing processionals; and b. In conjunction with agricultural operations and farm winery tasting events taking place on the Pavilion until sunset.

31. Amplified sound, as allowed under conditions 29 and 30 above, may not carry beyond the

bounds of the property. In the event of two or more complaints within a four-week period or three or more complaints within a twelve-month period about noise emanating from the property, the permit holder shall prepare a noise control plan as described and required in Section 4-6 of the Scott County Zoning Ordinance.

32. The permit holder shall file a statement in January of each year with the Scott County Zoning Administrator stating that the business is in compliance with all of the conditions of this Conditional Use Permit.

33. Any future construction, modifications to existing structures, movement of structures onto the

premises, or work of any nature that requires permits and/or approvals from state or local governmental entities must have all necessary permits and approvals in place prior to beginning work. The grant of such permit and/or approval from Scott County or any other government agency shall not alter the terms of this permit, and the uses and events allowed under this permit shall be governed by the terms herein unless and until the permit holder seeks and is granted an amendment to this permit.

34. This Conditional Use Permit supersedes and takes the place of all prior Conditional Use

Permits issued for the property. The approval of this Conditional Use Permit by the Scott County Board of Commissioners acts as a revocation of all earlier Conditional Use Permits issued to the property, which are hereby declared to be void and of no further force and effect.

AGENDA # 9.1 SCOTT COUNTY, MINNESOTA



Community Services Environmental Services

CONSENT AGENDA:

Yes

No

PRESENTER: Paul Nelson

ATTACHMENTS:

Yes No

PROJECT: Solid Waste Management TIME REQUESTED: 10 minutes

ACTION REQUESTED: Adopt Resolution 2018-065; Supporting Legislation Clarifying That the Policy Plan Prepared by the Minnesota Pollution Control Agency Under Minnesota Statutes Section 473.149 Solid Waste Comprehensive Planning Cannot be Used to Make Rules Without Following the Rulemaking Process




FISCAL:

Finance Review

Budget Change










Denied: Gary Shelton Kate Sedlacek

Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution 2018-065; supporting legislation clarifying that the Policy Plan prepared by the Minnesota Pollution Control Agency (MPCA) under Minnesota Statutes Section 473.149 Solid Waste Comprehensive Planning cannot be used to make Rules without following the rulemaking process. The Minnesota Pollution Control Agency is required by Minnesota Statutes 473.149 to revise the Metropolitan Long Range Policy Plan for Solid Waste Management every six years. This Plan is to be followed in the metropolitan area, and counties are required to complete Solid Waste Management Master Plans that the

MPCA then reviews and approves. The same Statute states that revisions to the Policy Plan are exempt from the Rulemaking Provisions of Chapter 14. The last revision to the Metropolitan Solid Waste Management Policy Plan was completed by MPCA in March 2017. Scott County is currently in the process of completing its Master Plan update to meet the revised MPCA Policy Plan. The draft MPCA Policy Plan produced and routed for comment prior to MPCA completion of the final Plan was very prescriptive and heavy on requirements. This created concern and multiple comments from both counties and the solid waste industry. Many of those commenting asked the MPCA to produce a second draft before finalizing due to the level of concern. MPCA took the comments received, declined to produce a second draft, and produced the final Policy Plan that was released in March 2017. The second draft was a little less prescriptive, but the process left many feeling MPCA was using the process of producing a “plan” as a way to produce Rules. The legislation with its exemption from the rulemaking process adds to this confusion. The solid waste industry is currently introducing legislation addressing this issue. We have not seen the precise language being proposed. Correspondence from the industry suggests that they are not asking for the entire Plan to go through Rulemaking. Scott County staff concurs that this would not be beneficial as it would significantly slow down the process of updating plans. However, staff concurs that the Policy Plan should not be used to create Rules, and clarifying the legislation in that regard will be beneficial. Fiscal Impact: Potentially affect future cost effectiveness of completing and implementing solid waste management plans.






RESOLUTION 2018-065: SUPPORTING LEGISLATION CLARIFYING THAT THE POLICY PLAN PREPARED BY THE MINNESOTA POLLUTION CONTROL AGENCY

UNDER MINNESOTA STATUTES SECTION 473.149 SOLID WASTE COMPREHENSIVE PLANNING CANNOT BE USED TO MAKE RULES WITHOUT FOLLOWING THE RULEMAKING PROCESS

WHEREAS, Minnesota Statute 473.149 requires the Minnesota Pollution Control Agency (MPCA) to

revise the Metropolitan Long Range Policy Plan for Solid Waste Management every six years and that the plan shall be followed in the metropolitan area; and

WHEREAS, Scott County is required to complete a Solid Waste Master Plan consistent with the Policy

Plan and approved by the MPCA; and WHEREAS, Minnesota Statutes are confusing exempting the Policy “Plan” from Rulemaking. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in and for the County of Scott,

Minnesota that it supports legislation clarifying the Policy Plan prepared by the MPCA under Minnesota Statutes Section 473.149 Solid Waste Comprehensive Planning is to establish solid waste management policy for the metropolitan area, but cannot be used to make Rules without following the Rulemaking process.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer Yes

No Absent

Abstain

Ulrich Yes

No Absent

Abstain

State of Minnesota)

County of Scott )




thereof.







Community Services Facilities

CONSENT AGENDA:

Yes

No

PRESENTER: Lezlie Vermillion - 8062

ATTACHMENTS:

Yes No


ACTION REQUESTED: Adopt Resolution No. 2018-056; Authorizing Entering Into a Contract With Kraus-Anderson Construction Company for Construction Management Services Associated With the Government Center Campus Project




FISCAL:

Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to adopt Resolution No. 2018-056, authorizing entering into a Contract with Kraus-Anderson Construction Company for Construction Management Services associated with the Government Center Campus Project. Need for projects: During 2016 and 2017 the County, as a result of historical trends and present and future needs, completed a space study. The purpose of the study was to create a tool for the Scott County Board of Commissioners to utilize when making strategic long-term decisions regarding the use of and investment in County facilities. The space study guiding principles were:

Centralize and enhance quality customer service

Retain/attract employees through an inviting, flexible, and unifying work atmosphere

Develop consistent safety/security standards

Define staff/public separation, preserve welcoming spaces

Create adaptable/flexible spaces

Utilize technology for work space mobility and efficiency, while maintaining cost and personal interactions

Provide services that extend to all areas of the County The study projected needs through 2040, and was focused on developing facility solutions that support the County’s mission. A final report, which included recommendations, was submitted in September of 2017. Scott County occupies 574,144 gross square feet of owned space. Most departments are headquartered in four locations. 1) Government Center campus in downtown Shakopee; 2) Central Shop campus in Jordan; 3) Workforce Development Center in Shakopee; and 4) Marschall Road Transit Station (MRTS) in Shakopee. These buildings accommodate a growing number of government employees and visitors. From 1990 to 2015, the number of staff has grown from 450 to about 715 (full-time equivalent) employees. On average, about 5,500 people visit the main customer service counter at the Government Center on a monthly basis.

Population/Employee Growth Employees per 1,000 Residents

The charts show that as the County continues to grow, it requires new employees in a service industry, but the County has also become more efficient, adding only 265 employees in the past 25 years. This information was used in projections moving forward. Project Design: In January of 2018 Wold Architects and Engineers was selected to complete the design of the new building (Government Center II), and remodels of the Justice Center and Government Center I as well as the Central Shop Warm Storage Facility. They are actively working on the design and it is anticipated that construction will begin mid-2019. The design work is to include:

Approximately 110,000 sq. ft. new building (GC II)

Two new courtrooms and a jury assembly room in the Justice Center campus

Government Center campus renovations of the 1st and 3rd floors (security in basement and second floor as well)

Parking space to accommodate the campus

15,000 sq. ft. warm storage at the Central Shop campus

1990

2017

2040

Population 58 143 200

Employees 450 715 919

-

200

400

600

800

1,000

0

50

100

150

200

250

Emp

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es

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(0

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's)

0.00

2.00

4.00

6.00

8.00

10.00

1990(employees-450)

2017(employees-715)

2040(employees-919)

The construction project will be competitively bid, with construction anticipated to start in summer of 2019. Construction Management: In February, as part of the construction process, the County sent out a Request for Proposal to six firms for Construction Management Services. Four of the firms responded with Kraus-Anderson providing the most thorough proposal. The firms were ranked based on their: Service Experience

Experience, stability, and general reputation of vendor and personnel

Firm’s project manager and their experience leading similar projects

Familiarity with the Scott County organization or similar County organizations

Vendor references

Understanding/Compatibility/Approach

Understanding of Scott County Construction Management needs based on information provided

Interest/Commitment

Scope of work, project approach, and ability to furnish required work

Construction Management approach to key challenges Cost Kraus-Anderson’s approach and research on the project exceeded the other proposers. They have also recently completed projects for both Anoka and Washington Counties where they received excellent references including the ability to keep buildings open and operational during construction which is critical to our project as well. The County utilized a Construction Manager on the construction of the jail so this is not unique to this project. A construction manager provides value to the County through their construction and safety expertise. The following are benefits to a construction manager:

Construction is part of the team working with the architect and County – open discussion beginning with design through construction

Project Budget - Established early in the design phase and continuously monitored

Cost Control – is an open book with a user friendly format established

Value Management – cost versus benefit analysis beginning in the design phase

Scheduling – overall master schedule established with County, architect, and contractor input

Savings – all savings resulting from construction mangers input for value management and constructability are returned to the County

Fixed Fee – negotiate up front based on estimated cost – only pay on what is utilized

Bidding – o close communication with local trade contractors to ensure understanding o competitive trade contractor bidding o encourage local contractor participation o manages bidding process per County policies

Change Orders – minimizes large change orders due to Contract Manager’s input during the design process

Staff requests approval to enter into a Contract for Construction Management Services with Kraus-Anderson for an amount not to exceed $2,427,000. This number includes their staff, construction management fee, and reimbursables including: job site trailer, job site office equipment, job site office supplies, superintendent truck and subsistence. The County and Kraus-Anderson will have to amend this Contract at the time of construction for reimbursables like fencing, trash receptacles, and other fees that will be determined at that time.

Fiscal Impact: The Contract Management Services for this project have been included in the Capital Improvement Program within the total campus budget of $63 million. The Road and Bridge Fund is paying for the design and construction management services in 2018 and will be paid back with bond proceeds in 2019.






RESOLUTION NO. 2018-056; AUTHORIZING ENTERING INTO A CONTRACT WITH KRAUS-ANDERSON CONSTRUCTION COMPANY FOR CONSTRUCTION MANAGEMENT SERVICES

ASSOCIATED WITH THE GOVERNMENT CENTER CAMPUS PROJECT

WHEREAS, the Contract is for Construction Management Services associated with the Government Center Campus Project; and

WHEREAS, Scott County is projected to grow from 143,000 residents in 2018 to approximately 190,000 residents in 2040; and

WHEREAS, Scott County has completed a space study and analysis that included historical growth, service needs moving forward, and anticipated efficiencies from a central campus; and

WHEREAS, Wold Architects and Engineers was selected for this design work and has started the schematic drawings; and

WHEREAS, using a Construction Manager on a project of this size will provide the County benefits from a value engineering, bidding, and scheduling standpoint resulting in efficiency and cost savings; and

WHEREAS, staff requests approval to enter into a Construction Management Service Contract with Kraus-Anderson Construction Company for an amount not to exceed $2,427,000; and

WHEREAS, the services for this project have been included in the Capital Improvement Program as part of the construction projects; and

WHEREAS, the County will pay back its Capital and Road and Bridge Funds with bond proceeds starting in 2019 for Design and Construction Management Services in 2018.

NOW THEREFORE BE IT RESOLVED that the Board of Commissioners in and for the County of Scott, Minnesota, hereby authorizes the Chairperson of the Board to enter into a Contract with Kraus-Anderson Construction Company for Construction Management Services associated with the Government Center at a cost not to exceed $2,427,400, subject to approval by the County Attorney’s Office as to form.

COMMISSIONERS VOTE

Weckman Brekke Yes

No Absent

Abstain

Wolf Yes

No Absent

Abstain

Beard Yes

No Absent

Abstain

Beer Yes

No Absent

Abstain

Ulrich Yes

No Absent

Abstain

State of Minnesota)

County of Scott )









County Administration CONSENT AGENDA: Yes

No

PRESENTER: Various ATTACHMENTS: Yes No

PROJECT: Scott County Delivers TIME REQUESTED: 60-90 minutes

ACTION REQUESTED: Receive Information on Scott County Delivers Topic: Foster Care Licensing/Out of Home Placement

CONTRACT/POLICY/GRANT: County Attorney Review


FISCAL: Finance Review

Budget Change










Denied: Tabled:

Other:

Deputy Clerk :

Date:


The purpose of this agenda item is to receive information on Scott County Delivers topic: Foster Care Licensing/Out of Home Placement. Scott County Delivers is a discussion on the performance outcomes of programs and if they are meeting goals. This will lead to informed discussions regarding programs and overlaps between them. Scott County Delivers and the use of outcome measures supported by performance measures leads to dialogue between the organization and how to improve results through various mechanisms. Materials including an overview of the program, outcomes, and measures are attached. Fiscal Impact: None


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