OCTOBER 4, 2016: Manage Challenges and Create Opportunities
OCTOBER 4, 2016: Manage Challenges and Create Opportunities
OCTOBER 4, 2016: Manage Challenges and Create Opportunities
SCOTT COUNTY
BOARD OF COMMISSIONERS
SHAKOPEE, MINNESOTA
OCTOBER 18, 2016
8:30 a.m.
Tour of The Henderson, 500 Sommerville Street S, Shakopee, MN
9:30 a.m.
(1)
CONVENE COUNTY BOARD
(2)
(3)
(4)
(5)
CONSENT AGENDA
Manage Challenges and Create Opportunities
5.1
Approve the Request for Rezoning of the Chris Ahlbrecht Property in Section 1 of Belle
Plaine Township (No fiscal impact)
5.2
Approve the Request for Rezoning, Preliminary Plat, and Final Plat of Hickory Hill
Second Addition in Section 35 of Spring Lake Township (No fiscal impact)
5.3
Adopt Resolution No. 2016-179; Authorizing Final Payment for County Project 08-19 to
McNamara Contracting, Inc. in the Amount of $1,000 (No fiscal impact)
5.4
Adopt Resolution No. 2016-180; Authorizing Final Payment for the County 2016 Culvert
Replacement Project to Rud Construction, Inc. in the Amount of $10,321 (No fiscal impact)
5.5
Adopt Resolution No. 2016-181; Authorizing Amendment No. 1 to the Kimley Horn and
Associates, Inc. Contract for Professional Engineering Services for the County Highway
2 and I-35 Interchange Preliminary Design (No fiscal impact)
Develop Strong Public Partnerships
5.6
Adopt Resolution No. 2016-167; Approving the Preliminary 2017 Budget and Levy of
$33,500 for the Scott County Vermillion River Watershed Special Taxing District (Sets the
preliminary levy and budget for 2017)
(6)
(7)
(8)
(9)
(10)
ADJOURN
FOLLOWING THE MEETING THE BOARD WILL MEET IN A WORKSHOP SETTING
TO RECEIVE INFORMATION ON THE FOLLOWING:
ECONOMIC DEVELOPMENT DISCUSSION WITH THE CITY OF ELKO NEW MARKET
ZONING ORDINANCE AMENDMENTS PROCESS
UPCOMING MEETINGS
October 25, 2016
November 1, 2016
November 8, 2016
November 15, 2016
November 22, 2016
(952) 496-8100
MINUTES
BOARD OF COMMISSIONERS
COUNTY OF SCOTT
OCTOBER 4, 2016
(1) The Board of Commissioners, in and for the County of Scott, Minnesota, met in the Courthouse Board
Room in the City of Shakopee, Minnesota, and convened at 9:00 a.m., with the following members present:
Commissioner Marschall, presiding, Commissioner Wagner, Commissioner Wolf, Commissioner Beard, and
Commissioner Ulrich.
(2) County Staff Present:
A. Gary Shelton, County Administrator
B. Ron Hocevar, County Attorney
C. Danielle Fox, Adult Services Manager
D. Steve Collins, Sheriffs Captain
E. Phil Nawrocki, Sheriffs Captain
F. Luke Hennen, Sheriff
G. Jake Grussing, Library Director
H. Kate Sedlacek, Environmental Health and Waste Programs Supervisor
I. Cindy Geis, Property Tax and Customer Service Manager
J. Troy Pint, Business Information/System Specialist
K. Brad Davis, Planning Manager
L. Lisa Schickedanz, Zoning Administration
M. Debra Brazil, Deputy Clerk to the Board
(3) Guests Present:
A. Kirsten Pauly, Sunde Engineering
B. Bill Bryan, Bryan Rock
C. Bruce Malkerson, Malkerson Sales
D. Joseph Menke
E. Martin Morud, TruNorth Solar
F. Beverly Koehnen
G. Gene Hauer
H. Pat Wier, TruNorth Solar
I. Mike Franklin, Jordan
J. Bill Schneider, Sand Creek Town Board
K. Chad Sandey, Sand Creek Town Board
L. Lee Hacker, Sand Creek Township
M. Diane Hacker, Sand Creek Township
N. Kevin VonBank, Sand Creek Township
O. Sheila VonBank, Sand Creek Township
P. Toby Butterfield, NextEra Energy Solutions
Q. Marv Deutsch, Deutsch Construction, Inc.
R. Tim Keane, NextEra Energy Solutions
(4) Media Present:
A. Amanda McKnight, Shakopee Valley News
(5) Minutes:
On a motion by Commissioner Ulrich, seconded by Commissioner Wolf, the Minutes of September 20,
2016 were approved.
6.
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
Add
Rachel Zimmer
Ella Wold
Grace Meyer
Ella Tenzer
Saloni Desai
Trenton Huebl
Maria Braun
Greta Huebl
Kassidy Cross
Aaron Backlund
Katlyn Cross
Jack McBroom
Joseph Huebl
Anne Barrett
Meredith Bourassa
Andrea Ursel
Sana Cheema
Janette Sorenson
Nickole Cody
Bridget Leenstra
Motion carried unanimously.
(8) Emphasize Excellence in Customer Service:
Commissioner Beard moved, seconded by Commissioner Ulrich to adopt Resolution No. 2016-175;
Proclaiming October 3-7, 2016 as Customer Service Week. 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.
(9) Manage Challenges and Create Opportunities:
Commissioner Wagner questioned whether public comment would be taken for the agenda items
requesting approval of community solar gardens. He stated several months have gone by since the public
hearing at the Planning Commission meeting and that modifications have been made to the original application
since the meeting. Commissioner Wagner suggested that perhaps one person be allowed to speak.
Commissioner Wagner stated he feels it is fundamentally unfair that only the applicant is allowed to speak and
the Board is hearing only one side.
Commissioner Marschall stated normal process will be followed and public comment will not be heard.
She added the Commissioners have the ability to ask the applicant questions.
A. Zoning Administration Staff Member Lisa Schickedanz presented the request to approve a Conditional
Use Permit (CUP) for DG Minnesota CSG 1, LLC to construct and operate a 3-megawatt community solar
energy system in Section 22 of Sand Creek Township. Ms. Schickedanz gave an overview of the site location
and current zoning information.
Ms. Schickedanz introduced Project Manager Toby Butterfield of NextEra Energy Solutions. Mr.
Butterfield reviewed the specifics and benefits of the project.
In response to Commissioner Wagners statement regarding changes to the original plan, Mr. Butterfield
stated the changes made had been in coordination with the Sand Creek Town Board and were presented at
the Town Board meeting and the Planning Commission meeting. No changes have been made since the
public hearing at the Planning Commission meeting. Mr. Butterfield reviewed the changes to the project
design in the areas of interconnection facilities, fencing, and landscaping.
Mr. Butterfield responded to questions from the Commissioners regarding the reduced electrical rates for
municipal and commercial subscribers, stray voltage, water runoff, emergency responders training, siting
process and limitations, upgrading of transmission lines, and the appraisal report stating neighboring property
values would not be negatively impacted by the project.
Ms. Schickedanz reported there are 30 conditions for this proposed Conditional Use Permit including
conditions for landscaping, screening, glare, decommissioning and stray voltage. Ms. Schickedanz also noted
that the Sand Creek Town Board and the Planning Commission both recommended approval of the project.
In response questions from the Commissioners, Planning Manager Brad Davis reviewed the following:
The process followed in amending the Zoning Ordinance to include solar gardens as a permitted use.
The Zoning Ordinance Amendment was approved by the County Board in November of 2015.
The process and timeframe for any future amendments the Zoning Ordinance.
The inspection and review process for Conditional Use Permits and Interim Use Permits issued and
the process followed if there are any violations.
County Attorney Ron Hocevar reminded the Board that this is not a political decision. The Board is acting
as a quasi-judicial board and their decision must be evidence based and based on the rules of the Zoning
Ordinance.
Commissioner Ulrich moved, seconded by Commissioner Beard to approve the request for a Conditional
Use Permit for DG Minnesota CSG 1, LLC to construction and operate a 3-megawatt community solar energy
system in Section 22 of Sand Creek Township. This action was recommended by the Sand Creek Town Board
and the Planning Advisory Commissioner, in accordance with Chapters 2, 12, and 25 of the Scott County
Zoning Ordinance No. 3 based on the criteria listed for approval.
Commissioner Beard spoke of his history with and skepticism of renewal energy. The State Legislature
created the solar mandate and it was not market driven. However, Commissioner Beard stated the ground
rules have been set and people are investing their capital and developing their land according to rules that
have been set out. Commissioner Beard added he finds it difficult to find a reason to deny the request and will
unenthusiastically support the request.
Commissioner Ulrich stated he put forward the motion based on the fact that it is a permitted use and has
30 conditions to protect the public interest.
Commissioner Wagner stated from the time the Board votes on amendments to the Zoning Ordinance and
projects actually come forward, things have a way of changing. Commissioner Wagner stated he is not
comfortable with the size of the project, the visibility from the road, issues of property values, and the question
of it being profitable but limiting the size of of the project.
Commissioner Wolf echoed Commissioner Wagners remarks and voiced his concerns regarding the
effect of property values on neighboring properties.
Commissioner Marschall called for a roll call vote.
The motion carried on a vote of 3 ayes with Commissioners Wagner and Wolf dissenting.
Commissioner Marschall stated it is a permitted use and there are conditions that need to be followed.
She also stated she hears comments about lands rights and allowing property owners to use their land as they
choose.
B. On a related item, Ms. Schickedanz presented the request to issue an Interim Use Permit (IUP) for DG
Minnesota CSG 3, LLC to construct and operate a 4.7-megawatt community solar energy system in Section 21
of Sand Creek Township. Ms. Schickedanz stated the request is for an IUP and not a Conditional Use Permit
as stated on the Request for Board Action. Ms. Schickedanz provided an overview of the site location and
current zoning information. The proposed IUP has the same 30 conditions as in the previous request. The
only difference is the conditions reference an IUP rather than a CUP. Ms. Schickedanz explained the
difference between an IUP and a CUP.
Mr. Butterfield provided specific details regarding this project, noting the general specifics are the same as
the previous request. He noted the changes made to the project design in the areas of interconnection
facilities, fencing, and landscaping are the same as the previous request and were coordinated with the Sand
Creek Town Board. Mr. Butterfield stated the project meets the requirements of the Zoning Ordinance and
emphasized the Sand Creek Town Board and the Planning Commission both recommended approval of the
request. Mr. Butterfield explained both projects are time limited for 35 years and the scenarios of what could
take place at the end of the term.
Commissioner Ulrich moved, seconded by Commissioner Beard, to approve the request for an Interim
Use Permit for DG Minnesota CSG 3, LLC to construct and operate a 4.7-megawatt community solar energy
system in Section 21 of Sand Creek Township, noting the change on the written request from Conditional Use
Permit to Interim Use Permit. This action was recommended by the Sand Creek Town Board and the Planning
Advisory Commissioner, in accordance with Chapters 2, 12, and 31 of the Scott County Zoning Ordinance No.
3 based on the criteria listed for approval.
Commissioner Marschall called for a roll call vote.
The motion carried on a vote of 3 ayes with Commissioners Wagner and Wolf dissenting.
(10) Committee Reports and Commissioner Updates:
A. Commissioners Wolf and Beard attended the Farm Bureau annual meeting on September 20.
B. Commissioner Wolf attended the Vermillion River Watershed Joint Powers Board meeting on
September 22.
C. Commissioner Wolf attended the Elko New Market City Council meeting on September 22.
D. Commissioner Wolf attended the Vermillion River Watershed Joint Powers Board tour on
September 23.
E. Commissioner Wolf attended the Prior Lake City Council workshop and meeting on September 26.
F. Commissioner Wolf attended the Metropolitan Mosquito Control District Executive Committee on
September 28.
G. Commissioner Wolf attended a school board candidates debate on September 28.
H. Commissioner Wolf attended the Credit River Town Board annual meeting on October 3.
I. Commissioner Beard attended the Citizens League Transit Study Committee meetings on
September 22 and September 29.
J. Commissioner Beard attended the Rahr Malting grand opening on September 24.
K. Commissioners Beard and Marschall conducted the Chair/Vice Chair planning meeting September 27.
L. Commissioners Beard and Marschall attended the Scott County Mental Health Local Advisory Council
candidate forum on September 27.
M. Commissioner Beard met with City of Shakopee staff on September 28.
N. Commissioner Ulrich attended the Families and Individuals Sharing Hope (FISH) Board meeting on
September 22.
O. Commissioner Ulrich met with County Administrator Gary Shelton on September 26.
P. Commissioner Ulrich attended the 50 x 30 Steering Committee meeting on September 27.
Q. Commissioner Ulrich attended the Minnesota Valley Transit Authority meeting on September 28.
R. Commissioner Marschall attended the 50 x 30 Education Subcommittee meeting on September 27.
S. Commissioner Marschall attended a candidates forum in Prior Lake on September 27.
T. Commissioner Marschall met with downtown Prior Lake business owners on September 29 regarding
the County Highway (CH) 13/Trunk Highway (TH) 21 intersection and the Trunk Highway 21/Main Avenue
intersection.
U. Commissioner Ulrich expressed his opinion on projects in the County, in particular the CH 13/TH 21
intersection in Prior Lake, and on comments he has heard. He stated the County never wants to push forward
a project unless there is local agreement. He stressed that local governmental units need to work
collaboratively.
Barbara Marschall
Chair
Gary L. Shelton
County Administrator
Clerk of the Board
Debra K. Brazil
Deputy Clerk to the Board
AGENDA #5.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
Approve the Request for Rezoning of the Chris Ahlbrecht Property in Section
1 of Belle Plaine Township
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Zoning Administration
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the request for rezoning (PL#2016-76), for Chris Ahlbrecht
applicant, of 39.126 acres from UTR, Urban Transition Reserve District to UTR-C, Urban Transition Reserve
Cluster District, located in Section 1 of Belle Plaine Township to split the homestead off on a 10 acre parcel.
This action was recommended by the Scott County Planning Advisory Commission on October 10, 2016 and is
in accordance with Chapters 2 and 34 of the Scott County Zoning Ordinance No. 3 based on the following
criteria for approval:
Fiscal Impact:
None
Compatible with present and future land uses of the area the rezoning will not alter the property
usage, as it will continue to be used for a single family residence. The remnant land will remain
undeveloped agricultural land.
3.
The proposed use conforms to all performance standards contained in the Zoning Ordinance the use
of the property is not changing; the majority of the property will remain in agricultural production.
4.
Public Service Capacity the rezoning will not change or intensify the existing land uses, and therefore
will not adversely affect public service capacity.
5.
Adequate Roads or Highways to Serve the Subdivision the residential lot has driveway access to
County Road 61, Aberdeen Avenue, a paved County Road. No additional accesses are proposed or
requested.
AGENDA #5.2
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
Approve the Request for Rezoning, Preliminary Plat, and Final Plat of
Hickory Hill Second Addition in Section 35 of Spring Lake Township
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Zoning Administration
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to approve the request for rezoning of 10.01 acres from Rural Residential
Reserve District (RR-1) to Rural Residential Single Family District (RR-2), Preliminary Plat and Final Plat of
Hickory Hills Second Addition consisting of 2 lots on 10.01 acres in Section 35 of Spring Lake Township.
Luke Israelson is the applicant, Warren Israelson is the property owner.
This action was recommended by the Scott County Planning Advisory Commission on July 11, 2016 in
accordance with Chapters 6, 42, & 70 of Scott County Zoning Ordinance No. 3 based on the criteria for
approval listed below:
Fiscal Impact: None
Adequate Drainage the proposed plat meets all stormwater drainage requirements as identified in
Chapter 6 of the zoning ordinance.
2.
Adequate Potable Water Supply the proposed plat, utilizing individual wells, meets the requirements
of the zoning and subdivision ordinances.
3.
Adequate Roads or Highways to Serve the Subdivision the lots have frontage and driveway access to
Hickory Hills Trail, a paved Spring Lake Township Road.
4.
Adequate Waste Disposal Systems the proposed lots meets all requirements of the individual sewage
treatment system ordinance.
5.
Consistency with the Comprehensive Plan the proposed plat conforms to the goals and policies
contained in the 2030 Comprehensive Plan for the development in the Rural Residential Growth Staged
Area.
6.
Public Service Capacity the additional lots will not adversely impact the public service existing
capacity.
7.
Consistency with the Minnesota Environmental Quality Board's Policies- the proposed subdivision does
not require any environmental review and is therefore consistent with the policies of the Minnesota
Environmental Quality Board.
8.
Consistency with Capital Improvement Plans the proposed plat is not requiring any county funded
road improvements; therefore it is consistent with the countys capital improvement plan.
The Town Board of Spring Lake recommended approval of the Rezoning, Preliminary Plat and Final
Plat of Hickory Hills Second Addition.
AGENDA #5.3
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Highway
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Anthony J. Winiecki
Community Services, Eunie Quade
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to adopt Resolution No. 2016-179; authorizing final payment for County
Project (CP) 08-19 to McNamara Contracting, Inc., in the amount of $1,000.
Project consisted of pavement reclamation of 1.5 miles of County Highway (CH) 8 from CH 27 to CH 91 in
Credit River Township due to its deteriorating condition and increased traffic volumes.
The original Contract amount was $600,186.98. A Contract increase of $90,067.55 was approved at the
August 16, 2016 County Board meeting for a bypass lane and additional gravel, resulting in an amended
Contract amount of $690,254.53. The final Contract amount for work performed is $686,048.62. To date the
contractor has been paid $685,048.62 leaving a $1,000 balance due.
Staff recommends approval of the final Contract amount. The work has been satisfactorily performed. All
necessary closeout documentation has been completed by the contractor and received by the Highway
Department.
Fiscal Impact:
None
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have
compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County,
Minnesota, at their session held on the 18th day of October, 2016 now on file in my office, and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 18th day of October, 2016.
County Administrator
Administrator's Designee
AGENDA #5.4
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Highway
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
Adopt Resolution No. 2016-180; Authorizing Final Payment for the County
2016 Culvert Replacement Project to Rud Construction, Inc., in the Amount
of $10,321
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Community Services, Anthony J. Winiecki
Community Services, Eunie Quade
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to adopt Resolution No. 2016-180; authorizing final payment for the County
2016 Culvert Replacement Project to Rud Construction, Inc., in the amount of $10,321.
The project consisted of the replacement of four (4) culverts in the County because of deterioration and to
adequately handle the storm water runoff at the following locations:
CH 27 - 0.08 miles south of CH 62
CH 59 - 0.26 miles north of CH 76
CH 64 - 0.34 miles east of Galena Avenue
CH 79 - 0.55 miles north of CH 10
The final Contract amount is $439,536.15 which is $17,320.40 more than the base contract bid of $422,218.75.
To date the contractor has been paid $429,218.14 leaving a $10,321.01 balance due. The cost of overrun (4%)
is due to additional quantities for mucking.
Staff recommends approval of the final contract amount. The work has been satisfactorily performed. All
necessary closeout documentation has been completed by the contractor and received by the Highway
Department.
Fiscal Impact
None
RESOLUTION NO. 2016-180; AUTHORIZING FINAL PAYMENT FOR THE COUNTY 2016 CULVERT
REPLACEMENT PROJECT TO RUD CONSTRUCTION, INC., IN THE AMOUNT OF $10,321
WHEREAS, CP 08-19 has in all things been completed; and
WHEREAS, project Project consisted of the replacement of four (4) culverts:
CH 27 - 0.08 miles south of CH 62
CH 59 - 0.26 miles north of CH 76
CH 64 - 0.34 miles east of Galena Avenue
CH 79 - 0.55 miles north of CH 10; and
WHEREAS, the final contract amount is $439,539.15 which is $17,320.40 more than the original
contract bid of $422,218.75 due to additional quantities for mucking; and
WHEREAS, to date the contractor has been paid $429,218.14 leaving a $10,321.01 balance due; and
WHEREAS, the work has been performed satisfactorily and all necessary forms have been completed
and received by the Highway Department.
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 accept said completed project and authorize final
payment to Rud Construction, Inc., in the amount of $10,321.01.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have
compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County,
Minnesota, at their session held on the 18th day of October, 2016 now on file in my office, and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 18th day of October, 2016.
County Administrator
Administrator's Designee
AGENDA #5.5
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Program Delivery
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Eunie Quade, Community Services
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to adopt Resolution No. 2016-181; authorizing Amendment No. 1 to the
Kimley Horn and Associates, Inc. Contract for professional engineering services for the County Highway (CH)
2 and I-35 Interchange preliminary design.
Kimley Horn and Associates Inc. has been under contract to assist the County in preparing an Environmental
Assessment Worksheet (EAW) and design services to produce a Minnesota Department of Transportation
(MnDOT) staff approved layout for a future interchange at CH 2 and I-35. The diverging diamond interchange
(DDI) was selected as the preferred alternative after investigating all of the alternatives through the
environmental process. The original Agreement included the preparation of concept sketches; however, during
the course of the work more detailed layouts were requested for each of the four alternatives for stakeholder
review and comment. The layouts were also provided to MnDOT for review and updated to reflect MnDOT
comments. The level of effort required to prepare the concept layouts was greater than what was included in
the original Agreement. In addition, the level of effort to prepare the layout and obtain MnDOT approval of the
DDI design, which is a newer, innovative interchange design, was greater than anticipated due to MnDOT
standards for the DDI design that are still under development.
Completion of the preliminary design of the CH 2 and I-35 interchange reduces both the risk of the County and
City, and the future developers by understanding the future design of the interchange and its right-of-way
needs for future reconstruction needs. The interchange reconstruction is not currently programmed by MnDOT
or Scott County.
Staff requests approval of Amendment No. 1 with Kimley Horn and Associates Inc. to the CH 2 and I-35
Interchange Contract amount by $19,800 resulting in a revised Contract total not to exceed $301,390.
Funding for this design consultant amendment is programmed in the 2016-2025 Transportation Improvement
Program (TIP) in County Project (CP) 02-04 and is sufficient to cover the additional costs of this Amendment
($339,166 for previous years expenditures plus 2016 design costs programmed).
Fiscal Impact:
None
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I
have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners,
th
Scott County, Minnesota, at their session held on the 18 day of October, 2016 now on file in my office, and have found the same to be
a true and correct copy thereof.
th
Witness my hand and official seal at Shakopee, Minnesota, this 18 day of October, 2016.
County Administrator
Administrator's Designee
AGENDA #5.6
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Natural Resources
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
Adopt Resolution No. 2016-167; Approving the Preliminary 2017 Budget and
Levy of $33,500 for the Scott County Vermillion River Watershed Special
Taxing District
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
DISTRIBUTION/FILING INSTRUCTIONS:
Two certified resolutions
Paul Nelson, Environmental Services Manager
Melissa Bokman, Sr. Water Resources Planner
Jeanne Andersen, Senior Attorney
Cindy Geis, Property Tax Manager
Kevin Ellsworth, Chief Financial Officer
Background/Justification:
The purpose of this agenda item is to adopt Resolution No. 2016-167; approving the preliminary 2017 budget,
and levy of $33,500 for the Scott County Vermillion River Watershed Special Taxing District.
On September 3, 2002, the Scott County Board adopted Resolution No. 2002-074 establishing a special taxing
district for the Vermillion River Watershed funding pursuant to Minn. Stat. 103B.241. The purpose of this
special taxing district is to provide funding for the Vermillion River Watershed Management and Watershed
Management Plan implementation activities.
The Vermillion River Watershed Joint Powers Board met August 25, 2016, held a public hearing, and is
recommending a levy of $33,500 for the Scott County portion of the Watershed. The levy would be effective
for 2017. The Dakota County portion of the annual levy is $861,700. A copy of the budget approved by the
Vermillion Joint Powers Organization Board on August 25, 2016 is attached. The Scott County portion of the
levy has increased $2,040 or 6% from 2016. This results in a change in net payable for the average market
value residence from $11.80 (2016) to $12.19 (2017) a $0.39 increase. All properties in the City of Elko New
Market and New Market Township increased in median value by approximately 2.3%.
The levy amounts from Scott and Dakota County portions of the Watershed combined with income from other
sources and a cash reserve (fund balance) of $24,500 gives a total budget for the Vermillion River Watershed
Joint Powers Organization for 2017 of $2,847,200.
Melissa Bokman, Natural Resources Sr. Planner is the contact for this action at 952-496-8887 or
mbokman@co.scott.mn.us.
Fiscal Impact:
This action will set the preliminary levy and budget for 2017.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have
compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County,
Minnesota, at their session held on the 18th day of October, 2016 now on file in my office, and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 18th day of October, 2016.
County Administrator
Administrator's Designee
AGENDA #5.7
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2016
ORIGINATING DIVISION: OMB Finance
ORIGINATING DEPARTMENT: Accounting
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED:
Approve Record of Disbursements and Approve Claims
County Attorney Review
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Kathy Shanks
Deputy Clerk :
Date:
Background/Justification:
The purpose of this Agenda item is to comply with MN Statute 375.18 Subd. 1b Delegation for paying certain
claims: A list of all claims paid under the procedures established by the county board shall be presented to
the board for informational purposes only at the next regularly scheduled meeting after payment of the claim.
The Record of Disbursements will be available at the meeting.
Fiscal Impact:
Invoices total $10,337,292.20 from September 1 through September 30, 2016.
AGENDA #5.8
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION:
Employee Relations
ORIGINATING DEPARTMENT:
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
Finance Review
Budget Change
ORGANIZATIONAL VALUES:
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
DISTRIBUTION/FILING INSTRUCTIONS:
Commissioner of Revenue
Lezlie Vermillion, Community Services Director/Deputy
County Administrator
Cindy Geis, Prop. Tax Revenue & Records Mgr./Auditor
Michael Thompson, Assessors Office
Monica Siegle, Employee Relations
Background/Justification:
The purpose of this agenda item is to reappoint Michael J. Thompson as the Scott County Assessor.
Minnesota Statue 273.061, Subdivision 2, provides for the appointment of the County Assessor for a four-year
term.
Mr. Thompson meets all requirements necessary to serve as a County Assessor, including senior accreditation
designation from the State Board of Assessors. Mr. Thompsons current term of appointment expires on
December 31, 2016.
Mr. Thompsons performance as County Assessor within the Scott County Office of Management and Budget
Division has been positively evaluated by the Community Services Director/Deputy County Administrator,
Property Tax Revenue & Records Manager, and the County Administrator and hereby is duly reappointed as
Scott County Assessor for completion of the four-year term effective January 1, 2017, and ending with the
close of December 31, 2020.
Fiscal Impact: N/A
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I
have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners,
Scott County, Minnesota, at their session held on the 18th day of October, 2016 now on file in my office, and have found the same to be
a true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 18th day of October, 2016.
County Administrator
Administrator's Designee
AGENDA #5.9
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION:
Employee Relations
ORIGINATING DEPARTMENT:
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PROJECT:
ACTION REQUESTED:
CONTRACT/POLICY/GRANT:
FISCAL:
Finance Review
Budget Change
ORGANIZATIONAL VALUES:
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to recognize that all employees hired into the position of Part-Time Deputy
Sheriff as being eligible for participation in the Public Employees Retirement Association (PERA) of Minnesota
Police and Fire fund.
Employees in this classification are Police Officers as defined by Minnesota statute 353.64, Subdivision 2.
They are used as on-call employees in the Sheriffs Office helping to provide law enforcement activities in a
number of essential areas.
Previous PERA rules required an employer to adopt separate resolutions to certify the employment status of
individuals so classified so they participate in the Police and Fire fund instead of the Coordinated Plan.
PERA rules have since been amended that allows the governing body to adoption one resolution declaring
those hired as Part-Time Deputy Sheriffs are eligible for participation in the PERA Police and Fire fund.
Fiscal Impact: N/A
1.
2.
3.
4.
5.
The position requires a license by the Minnesota peace officer standards and
training board and the employee is so licensed;
The primary (over 50%) duty of the position is to enforce the general criminal
laws of the state;
The position charges the employee with the prevention and detection of
crime;
The position gives this employee the full power of arrest; and
The position is assigned to a designated policy or sheriffs department.
NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners in and for the County of Scott,
Minnesota, hereby declares that the position of Part-Time Deputy Sheriff in the Sheriffs Office, satisfies all of
the requirements listed above and declares its desire to provide all future employees holding said part-time law
enforcement positions with coverage under the Police and Fire plan.
BE IT FURTHER RESOLVED, that this governmental unit will provide a copy of this resolution to PERA
each time it provides Police and Fire membership to a person who is hired to said part-time positon and will
indicate the name of the employee eligible for such coverage.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their
session held on the 18th day of October, 2016 now on file in my office, and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 18th day of October, 2016.
County Administrator
Administrator's Designee
AGENDA #5.10
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: OCTOBER 18, 2016
ORIGINATING DIVISION:
Employee Relations
ORIGINATING DEPARTMENT:
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
Finance Review
Budget Change
ORGANIZATIONAL VALUES:
Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
DISTRIBUTION/FILING INSTRUCTIONS:
Monica Siegle, Employee Relations
Cara Madsen, Volunteer and Community Coordinator
Date:
Background/Justification:
1.
Separation of employment for Pamela Boomgaarden, PT (88% FTE) DT&H Vocational Assistant,
Health and Human Services Division, effective 10/11/16.
2.
3.
Separation of employment for Tabitha Wiger, Intermittent (34% FTE) Library Associate-Unclassified,
Community Services Division, effective 10/16/16.
4.
FT Probationary employment for Kelly Dolan, 911 Dispatcher, Sheriffs Office, effective 10/03/16.
5.
FT Probationary employment for Tulsa Crum, Senior Public Works Technician, Community Services
Division, effective 12/12/16.
6.
FT Probationary employment for Jeffrey Peichel, Chief Information Officer, Office of Management and
Budget, effective 10/13/16.
7.
8.
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
Gerald Hackett
Carey Kanuit
Jennifer Lange
Brian Lovill
Marianne Lovill
Michael Miller
Michelle Bedney
Jenna Jorgenson
Anna Hudak
Leah Keil
Simran Rana
Chaitanya Andalkovil
Delete
Amber King
AGENDA #6.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: October 18, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: SAPs
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
CONTRACT/POLICY/GRANT:
FISCAL:
ORGANIZATIONAL VALUES:
Finance Review
Budget Change
Approved:
Denied:
Tabled:
Other:
DISTRIBUTION/FILING INSTRUCTIONS:
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to provide information on the right-of-way acquisition process for the
highway department.