9:6:16 Scott County Board Meeting

AGENDA
SCOTT COUNTY
BOARD OF COMMISSIONERS
SHAKOPEE, MINNESOTA
SEPTEMBER 6, 2016
9:00 a.m.
(1)
CONVENE COUNTY BOARD
(2)
AMENDMENTS TO THE AGENDA
(3)
APPROVE MINUTES OF AUGUST 16, 2016 COUNTY BOARD MEETING
(4)
MANAGE CHALLENGES AND CREATE OPPORTUNITIES

4.1
Receive Information and Provide Direction on the Request for an Interim Use Permit for
Mining for S.M. Hentges & Sons, Inc. and Jordan Gravel, LLC, in Section 8 of Sand Creek
Township (No fiscal impact)
(5)
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.
(6)
CONSENT AGENDA
Manage Challenges and Create Opportunities
6.1
Approve the Request for Rezoning for Steve and Dave Gerold in Section 9 of Helena
Township (No fiscal impact)
6.2
Approve an Amendment to the Comprehensive Training Program Grant GRK 101086
From the Minnesota Department of Human Services in the Amount of $88,116 (No fiscal
impact)
6.3
Approve Estimate of Just Compensation by a Market Value Appraisal for an Early

Acquisition of a Remnant Parcel Under County Project 21-27 in the City of Prior Lake (No
fiscal impact)
6.4
6.5
6.6
6.7
6.8
6.9
6.10
Approve Estimate of Just Compensation by a Market Value Appraisal for New Right-ofWay and Drainage and Utility Easements Under County Project 21-25 in the City of Prior
Lake (No fiscal impact)
Adopt Resolution No. 2016-155; Requesting Approval of the Basic Sale Price of a TaxForfeited Parcel of Land and Establish the Date of Public Sale (No fiscal impact)
Adopt Resolution No. 2016-157; Requesting Approval of the Basic Sale Price of a TaxForfeited Parcel of Land and Establishing the Date of Private Sale (No fiscal impact)
Adopt Resolution No. 2016-160; Authorizing the Acceptance of a Bid for the Sale of a
House and Its Removal From the Property (No fiscal impact)
Adopt Resolution No. 2016-161; Authorizing a Contract Increase for the County Highway
and Scott Watershed Management Organization Quarry Creek Project in the Amount of
$128,644.12 (No fiscal impact)
Adopt Resolution No. 2016-162; Awarding a Contract to Landwehr Construction, Inc. for
Demolition of Five Buildings Along With Sealing Water Wells and Other Work of County
Projects (CP) 17-31, CP 27-19, and CP 42-10 (No fiscal impact)
Adopt Resolution No. 2016-163; Authorizing Entering Into a Construction Cooperative
Agreement With the City of Savage for the County Highway 27 Intersection Improvement
Projects (No fiscal impact)
CONSENT AGENDA CONTINUED:
Manage Challenges and Create Opportunities Continued:

6.11 Adopt Resolution No. 2016-164; Authorizing an Amendment to the Agreement With the
106 Group Adding Archaeological Monitoring Services During Construction for the
County Highway 60 Improvement Project in Blakeley Township (No fiscal impact)
6.12 Adopt Resolution No. 2016-165; Authorizing Entering Into Agreement No. 1026172 With
the State of Minnesota, Department of Transportation Designating Portions of County
State Aid Highways 2 and 23 as a Trunk Highway 19 Detour (No fiscal impact)
6.13 Adopt Resolution No. 2016-166; Awarding a Contract to Chard Tiling & Excavating, Inc.
for County Highway 27 Intersection Improvement Projects in the City of Savage (No fiscal
impact)
Develop Strong Public Partnerships

6.14 Approve Youth-at-Large Appointments to the Extension Committee (No fiscal impact)
6.15 Adopt Resolution No. 2016-156; Adopting the Payable 2017 Final Levy of $40,000 for the
Cedar Lake Improvement District (No fiscal impact)
Provide a Supportive Organizational Culture
6.16 Adopt Resolution No. 2016-158; Declaring 4105/Part-Time Deputy Sheriff as Police
Officers for Enrollment in Public Employees Retirement Association (PERA) (No fiscal
impact)
6.17
(7)
Approve Payroll Processing of Personnel Actions (No fiscal impact)
DEVELOP STRONG PUBLIC PARTNERSHIPS

7.1
Adopt Resolution No. 2016-159; Approving the 2017 Budget in the Amount of
$11,498,377 and Payable Tax Levy in the Amount of $2,905,279 of the Scott County
Community Development Agency (CDA) and Certifying Same to the County Auditor (No
fiscal impact)
(8)
COMMITTEE REPORTS AND COMMISSIONER UPDATES
(9)
COUNTY ADMINISTRATOR UPDATE
(10)
RECESS FOR ATTORNEY/CLIENT MEETING
(11)
ADJOURN
UPCOMING MEETINGS
September 13, 2016
September 20, 2016
September 27, 2016
October 4, 2016
No County Board Meeting

County Board Meeting
No County Board Meeting
County Board Meeting
Gary L. Shelton
County Administrator
(952) 496-8100
MINUTES
BOARD OF COMMISSIONERS
COUNTY OF SCOTT
AUGUST 16, 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. Sara Toenies, Therapist
D. Julie Keller, Social Work Case Manager
E. Nick Reishus, Environmentalist
F. Kalee Melton, Therapist
G. Derek Davis, Corrections Officer
H. Cody Walton, Corrections Officer
I. Allison Pickup, Graduate Engineer
J. Jordan Rynish, Graduate Engineer
K. Gina Sievert, Residential Appraiser
L. Doug Schnurr, Sheriffs Captain
M. Steve Collins, Sheriffs Captain
N. Phil Nawrocki, Sheriffs Sergeant
O. Ellen Paulsen, Taxation Supervisor
P. Terri Peterson, Administrative Specialist
Q. Amanda Geis, Land Title/Passport Specialist
R. Janice From, Deputy County Recorder
S. Ron Holbeck, Deputy Emergency Management Director
T. Scott Haas, Sheriffs Captain
U. Laurie Peck, Tax Specialist
V. Lisa Freese, Transportation Planning Director
W. Danielle Fox, Adult Services Manager
X. Brad Davis, Planning Manager
Y. Kate Sedlacek, Environmental Health and Waste Programs Supervisor
Z. Bill Philips, Environmentalist
AA. Curt Kobilarcsik, Assistant County Highway Engineer
AB. Troy Pint, Business Information/Systems Specialist
AC. Pam Selvig, Health and Human Services Director
AD. Tony Winiecki, County Engineer
AE. Jake Balk, Highway Division Program Manager
AF. Jennifer Schuldt, Psychologist
AG. Cindy Geis, Property Tax and Customer Service Manager
AH. Lisa Kohner, Public Affairs Coordinator
AI. Sherri Dandurand, Payroll Specialist
AJ. Erin Baudoin, HRMS Supervisor
AK. Debra Brazil, Deputy Clerk to the Board
(3) Guests Present:

A. Barbara Weckman Brekke
B. Jordan Olson, Shakopee
C. Tony Kornder, Kornder Farms
D. Colleen Carlson, Ag Educator, U of M Extension Services
E. Ted Kornder, St. Lawrence Township
F. Mary Kornder, St. Lawrence Township
G. Representative Bob Vogel, Elko New Market
H. Tammy McCulloch, U of M Extension Services
I. Ed Hrabe, New Prague
J. Jamie Riddle, Shutterfly, Inc.
K. Ann Marie Collins, JLL
L. Gregg Fuerstenberg, JLL
(4) Media Present:
A. Andrew Hazzard, Shakopee Valley News
B. Natalie Daher, Star Tribune
(5) Minutes:
On a motion by Commissioner Ulrich, seconded by Commissioner Wolf, the Minutes of August 2, 2016
were approved.
(6) New Employee Welcome:
The following new employees introduced themselves: Therapist Sara Toenies, Social Work Case
Manager Julie Keller, Environmentalist Nick Reishus, Therapist Kalee Melton, Corrections Officer Derek Davis,
Corrections Officer Cody Walton, Graduate Engineer Allison Pickup, Graduate Engineer Jordan Rynish and
Residential Appraiser Gina Sievert.
(7) Consent Agenda:
Commissioner Wolf requested that the agenda item regarding the Shutterfly Inc. Contract for Private
Development be pulled from the consent agenda for a separate vote.
A. On the recommendation of the Spring Lake Town Board and the Planning Advisory Commission,
Commissioner Ulrich moved, seconded by Commissioner Beard to approve the request for Interim Use Permit
PL#2016-0053 for Scott and Shelly Anderson, applicants, to construct an accessory dwelling unit (ADU) for an
infirmed family member in Section 14 of Spring Lake Township. This action is in accordance with Chapters 7,
16, and 40 of Scott County Zoning Ordinance No. 3 based on the criteria listed for approval. The motion
carried unanimously.
B. Commissioner Ulrich moved, seconded by Commissioner Beard to adopt Resolution No. 2016-151;
Authorizing a Contract Increase to the County Highway 8 Pavement Reclamation Project in Credit River
Township With McNamara Contracting, Inc. in the Amount of $90,067.55. 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 Ulrich moved, seconded by Commissioner Beard to adopt Resolution No. 2016-152;
Authorizing Amendment No. 2 to the WSB and Associates, Inc. Contract for Professional Transportation
Planning and Engineering Services for the Trunk Highway 169, Trunk Highway 41, and County Highway 78
Interchange Project. 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.
D. Commissioner Ulrich moved, seconded by Commissioner Beard to adopt Resolution No. 2016-154;
Recommending Highway Safety Improvement Transportation Program (HSIP) Projects to be Submitted to the
Minnesota Department of Transportation for Consideration of Funding in the 2016 Project Solicitation. 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 Ulrich moved, seconded by Commissioner Beard to approve a Contract Extension
between Scott County and Diamond Pharmacy Services to provide pharmaceutical services to the Scott
County Jail and Juvenile Alternative Facility. The motion carried unanimously.
F. Commissioner Ulrich moved, seconded by Commissioner Beard to approve acceptance of a Grant from
Minnesota Homeland Security Emergency Management for an Emergency Management Performance Grant in
the amount of $66,286. The motion carried unanimously.
G. Commissioner Ulrich moved, seconded by Commissioner Beard to approve the appointment of Ed
Hrabe of Commissioner District 1 to the Board of Adjustment/Planning Advisory Commission for a term
effective August 16, 2016 through December 31, 2016. The motion carried unanimously.
H. Commissioner Ulrich moved, seconded by Commissioner Beard to approve the Multi-Agency Law
Enforcement Joint Powers Agreement with the State of Minnesota for the Minnesota Internet Crimes Against
Children Task Force, including authorized agents and signing authority. The motion carried unanimously.
I. Commissioner Ulrich moved, seconded by Commissioner Beard to approve the record of
disbursements and claims made to Scott County for the period July 1, 2016 through July 31, 2016 in the sum
of $11,039,354.59. The motion carried unanimously.
J. On the recommendation of the County Administrator, Commissioner Ulrich moved, seconded by
Commissioner Beard, 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.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Separation of employment for Dennis Swenson, FT Facility Probation Officer, Health and Human Services
Division, effective 08/14/16.
Separation of employment for Anisa Mohammed, PT (50% FTE) Therapist, Health and Human Services
Separation of employment for Jennifer Dvorak, PT (50% FTE) Library Associate, Community Services
Separation of employment for Ryan Vosejpka, FT Temporary Program Delivery Seasonal, Community
Services Division, effective 08/05/16.
Separation of employment for Beth Forseth, PT (37% FTE) Library Associate, Community Services
Separation of employment for Anna Gratzer, PT (50% FTE) Temporary Office Aide-Unclassified, Health
and Human Services Division, effective 07/29/16.
Separation of employment for Kenneth Carlson, Intermittent (34% FTE) Part Time Deputy-Unclassified,
Sheriffs Office, effective 08/11/16.
Separation of employment for Katherine Pavelka, Intermittent (34% FTE) Library Aide-Unclassified,
Community Services Division, effective 08/11/16.
FT Probationary employment for Kelsey Ramerth, Therapist, Health and Human Services Division,
effective 08/221/6.
FT Probationary employment for Derek Davis, Corrections Officer, Sheriffs Office, effective 08/08/16.
FT Probationary employment for Cody Walton, Corrections Officer, Sheriffs Office, effective 08/08/16.
Intermittent (34% FTE) employment for Carrie Mikolyzk, Library Aide-Unclassified, Community Services
Intermittent (34% FTE) employment for Daniel Grinberg, Library Aide-Unclassified, Community Services
14. Intermittent (34% FTE) employment for Estee Kolles, Corrections Officer-Unclassified, Sheriffs Office,
effective 07/08/16.
15. Change in employment status for Jandre DeWet, Intermittent (34% FTE) Facility Probation OfficerUnclassified to FT Probationary Facility Probation Officer, Health and Human Services Division, effective
08/15/16.
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:
Additions:
Deletions:
Kelly Gindorff
Wanda Weberg
Tara Cross
Hilda Green
Cathryn Johnson
George Valek
Ecaterina Dascaliuc-Intern
Mary Eileen Torstveit
Dustin Cobb-Intern
Katelyn Weierke-Intern
Motion carried unanimously.
(8) Develop Strong Public Partnerships:
A. Commissioner Wolf stated he asked for a separate vote regarding the request from Shutterfly, Inc., due
to the fact they have not met the number of jobs requirement outlined in the Contract for Private Development.
Commissioner Beard moved, seconded by Commissioner Ulrich to approve an Extension to Shutterfly,
Inc. for the initial requirement of the number of full-time equivalent jobs pursuant to the terms and conditions
outlined in the Contract for Private Development dated October 8, 2014. The motion carried on a vote of four
ayes with Commissioner Wolf dissenting.
B. Commissioner Wagner recognized Ted and Mary Kornder and family as the 2016 Scott County Farm
Family of the Year. This Award honors farm families from throughout Minnesota for their contribution to the
agriculture industry and their local communities.
(9) Emphasize Excellence in Customer Service:
Business Information/Systems Specialist Troy Pint announced the 2016 Second Quarter Spirit of Scott
Awards have been presented to Dr. Jennifer Schuldt, Payroll Specialist Sherri Dandurand, Land Title/Passport
Specialist Amanda Geis, and Administrative Specialist Terri Peterson for going above and beyond in the area
of excellence in customer service.
(10) Develop Strong Public Partnerships Continued:
C. Representative Bob Vogel presented a recap of the 2016 legislation session. Representative Vogel
also presented information on issues needing to be addressed in future sessions.
(11) Manage Challenges and Create Opportunities:
Planning Manager Brad Davis presented information regarding temporary family health care dwellings
which are intended for mentally or physically impaired people to reside for 6-12 months on a relatives or
caregivers property. The legislation governing temporary family health care dwellings takes affect September
1, 2016; however, the County may elect to opt out. Mr. Davis reviewed the requirements established under
State Statute for this type of dwelling. He explained the Countys current approaches to this housing need and
added the County could consider amending the Zoning Ordinance to allow temporary family health dwelling
units as an allowed use.
In a discussion the Commissioners stated opting out and amending the Zoning Ordinance would allow for
more local control, flexibility, and customization.
Commissioner Wolf moved, seconded by Commissioner Beard to adopt Resolution No. 2016-150; Opting
Out of the Requirements of Minnesota Statutes, Section 394.307 for Temporary Family Health Care Dwellings.
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.
(12) Committee Reports and Commissioner Updates:
A. Commissioner Wagner attended the Scott County Planning Advisory Commission meeting on August 8.
B. Commissioner Wagner attended the Cedar Lake Water and Sanitary Sewer District Board meeting on
August 9.
C. Commissioner Wolf attended the New Market Town Board meeting on August 2.
D. Commissioner Wolf attended the Cedar Lake Town Board meeting on August 8.
E. Commissioner Wolf met with County Administrator Gary Shelton on August 9.
F. Commissioner Wolf attended the Metropolitan Emergency Services Board Steering Committee meeting
on August 9.
G. Commissioner Wolf spoke with Speaker Kurt Daudt on August 10 regarding mental health funding
issues.
H. Commissioner Wolf attended a law enforcement appreciation event at Memorial Park in New Prague on
August 11.
I. Commissioner Wolf attended the Elko New Market City Council meeting on August 11.
J. Commissioner Wolf attended the Renaissance Festival kick-off event on August 11.
K. Commissioners Wolf, Ulrich, and Marschall attended the Scott County Association for Leadership and
Efficiency (SCALE) meeting on August 12.
L. Commissioner Wolf met with Community Development Agency Executive Director Bill Jaffa on
August 15.
M. Commissioner Beard announced the Association for Minnesota Counties (AMC) has appointed him the
AMC representative on the newly created Governor Freight Rail Council.
N. Commissioner Beard thanked staff for a job well done on the TIGER Grant application. Commissioner
Beard expressed his opinion of the positive impact of the face-to-face meetings he, Commissioner Ulrich, and
Transportation Planning Director Lisa Freese had in Washington, D.C. on the outcome of the Grant application.
O. Commissioners Beard and Marschall participated in the New Employees Welcome on August 16.
P. Commissioner Ulrich attended the Suburban Counties Working Group meeting on August 3
Q. Commissioner Ulrich attended the Families and Individuals Sharing Hope (FISH) Executive Committee
meeting on August 4.
R. Commissioner Ulrich attended the SCALE Executive Committee meeting on August 5.
S. Commissioner Ulrich attended the 50 x 30 Transportation Working Group meeting on August 10.
T. Commissioner Ulrich attended the Minnesota Inter-County Association Board of Directors meeting on
August 10.
U. Commissioner Ulrich attended the FISH meeting on August 11.
V. Commissioner Ulrich attended the Canvassing Board meeting on August 12.
W.Commissioner Ulrich attended the SCALE Service Delivery Committee meeting on August 15.
X. Commissioner Ulrich attended the FISH Fundraising Committee meeting on August 15.
Y. Commissioner Marschall attended the Fresh Thyme Farmers Market grand opening in Savage on
August 2.
Z. Commissioner Marschall attended the foster parents recognition picnic on August 5.
AA. Commissioner Marschall attended Lakefront Days in Prior Lake on August 5 and 6.
AB. Commissioner Marschall attended the Prior Lake City Council meeting on August 8.
AC. Commissioner Marschall attended the Prior Lake-Spring Lake Watershed District Board of Managers
workshop and meeting on August 9.
AD. Commissioner Marschall attended the Human Services Resource Council meeting on August 15.
(13) County Administrator Update:

A. Mr. Shelton asked Commissioner Beard to provide the Deputy Clerk to the Board information regarding
the Governor Freight Rail Council to add it to the Commissioner committee assignments.
B. Consensus of the Board was to make the following changes to the County Board calendar:
December 1, 2016 Truth in Taxation meeting moved to December 6, 2016
December 6, 2016 Schedule County Board meeting prior to the Truth in Taxation meeting. Time to be
determined.
December 13, 2016 Cancel County Board meeting
C. Mr. Shelton advised the Board if the State legislature does have a special session, the information on
the truth-in-taxation statements would not be accurate.
D. Discussion was held whether public comment would be taken on the Jordan Aggregates agenda item
for the September 6, 2016 County Board meeting. Mr. Shelton stated a public hearing has been held, written
comments have been received, and public comments have been made at County Board meetings under
recognition of interested citizens. He also noted the public comment period is closed and advised against
taking further public comment. The Board will be acting as a quasi-judicial body and as such will make a
determination based on the facts presented. County Attorney Ron Hocevar confirmed Mr. Sheltons
statements. Clarification was also given that no comments regarding the proposed Jordan Aggregates project
will be allowed during recognition of interested citizens as this will be an agenda item. Commissioner
Marschall asked that the public comment process be explained during the presentation on September 6.
On a motion by Commissioner Wolf, seconded by Commissioner Ulrich, the meeting adjourned at 10:50 a.m.
Barbara Marschall
Chair
Gary L. Shelton
Clerk of the Board
Debra K. Brazil
Deputy Clerk to the Board
AGENDA #4.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: September 6, 2016
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Marty Schmitz (8349)

PROJECT: S.M. Hentges & Sons, Inc.
and Jordan Gravel, LLC
Interim Use Permit (IUP)
for Mining
ACTION REQUESTED:
CONTRACT/POLICY/GRANT:
TIME REQUESTED:
Receive Information and Provide Direction on the Request for an Interim Use
Permit (IUP) for Mining for S.M. Hentges & Sons, Inc. and Jordan Gravel,
LLC, in Sections 8 & 17 of Sand Creek Township
County Attorney Review
FISCAL:
Risk Management Review
ORGANIZATIONAL VALUES:
Finance Review
Budget Change

Assure Long Term Fiscal Stability

Emphasize Excellence in Customer Service
DEPARTMENT/DIVISION HEAD SIGNATURE:
Approved:
Denied:
Tabled:
Other:
COUNTY ADMINISTRATOR SIGNATURE:
DISTRIBUTION/FILING INSTRUCTIONS:
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to receive information and provide direction on the request for an Interim
Use Permit (IUP) for Mining for S.M. Hentges & Sons, Inc. and Jordan Gravel, LLC, in Sections 8 & 17 of Sand
Creek Township. The County has until September 30, 2016 to make a final decision on this request. Because
the public hearing on this request was held more than a year ago (February 2015), the applicant and staff will
provide an overview and update of the request and staff will seek Board direction for final action, scheduled for
September 20, 2016.
Background:
This mining project was first proposed in July 2009 at a Development Review Team (DRT) meeting. Over the
past seven years since the projects inception, the proposal has gone through an extensive environmental
review process and extensive public comment period. The proposal is unlike other sand and gravel pits in the
county for a couple of reasons. First, the applicant proposes to excavate below the water table and leave
behind a 36-acre pond as part of the reclamation plan a pond that will permanently lie within a floodplain.
Second, the proposed site is served by a township road (gravel south of the site, paved north of the site) with
connections to city streets or a state highway system whereas most other sand and gravel pits in the county
are directly accessed by state or county highways.
Numerous technical studies and reviews on the potential impacts of the mine operation have been completed
by professional engineering firms, transportation and noise experts, and state public health and natural
resource agencies. These technical studies and reviews have set the foundation for the findings and
recommendations contained in this Request for Board Action.
Given the size and scale of the mining area, the project met the threshold for a state-mandated Environmental
Assessment Worksheet (EAW). In October 2009, an EAW was submitted and underwent a 30-day public
review period. Based on extensive public comments, comments from local and state agencies, and its own
review, the County Board on April 5, 2011 determined that the project had the potential for significant
environmental impacts related to truck traffic, ground water, and ice jams and made a positive declaration on
the need for an Environmental Impact Statement (EIS). The purpose of the EIS is to provide information about
the extent of potential environmental impacts and how they may be avoided or minimized during the permitting
process. The EIS preparation and public review process took three years, and on July 15, 2014 the County
Board found the EIS adequate. Information related to the entire environmental review process (EAW and EIS)
can be viewed on the County web site.
An IUP application for mining was submitted to the County on October 3, 2014. In February 2015 the Planning
Commission held a public hearing on the request. There was significant public comment from residents, Sand
Creek Township and the City of Jordan. Sand Creek Township recommended denial of the request. Concerns
related to groundwater; traffic; state permits; road infrastructure; reclamation; concrete and asphalt; and overall
site impacts were discussed. The Planning Commission recommended denial of the request for an interim use
permit based on the water quality issues, the effect of truck traffic on TH 169, and the potential financial
responsibility of the County because of the applicants limited liability company status.
After the public hearing, the applicants requested and the County granted extensions to the deadline to make a
final decision on the IUP request. The extensions were granted to allow time for the applicant to obtain and
submit additional information prior to Board action. On April 1, 2016, the applicants were issued a NPDES
permit from the Minnesota Pollution Control Agency.
The Project:
S.M. Hentges & Sons, Inc. and Jordan Gravel, LLC is requesting an Interim Use Permit (IUP) under Chapter
10 of the Scott County Zoning Ordinance to conduct aggregate mining and operate a processing facility on the
property located at 17825 Valley View Drive in Sand Creek Township. The Subject Property occupies
approximately 98 acres within portions of the southwest quarter of Section 8 and the northwest quarter of
Section 17, Sand Creek Township. The proposed mine site would occupy approximately 84.7 acres of the
Subject Property.
The proposed project includes mining aggregate resources from the Subject Property, processing the mined
aggregate for commercial sale, and reclaiming the mine with overburden materials from within the mining limits
as well as clean soil fill materials imported from off-site. The project will produce sand and gravel aggregate
products that are in high demand for construction and development projects in the region. The Subject
Property is zoned Urban Business Reserve (UBR).
The aggregate resources on site consist of unconsolidated sand and gravel; therefore no blasting or
dewatering will be required. Aggregates above the water table will be excavated and transported on-site using
common heavy construction equipment such as excavators, loaders, haul trucks, and conveyors. Below the
water table dragline equipment will be used. Aggregate processing is expected to include crushing, screening
and washing of natural aggregate products as well as recycled concrete and asphalt in order to produce
desirable gradations and aggregate products.
The proposed project does not include an asphalt or concrete mixing plant. However, in the future, the
applicant is showing a location on the plan sheets should such a mixing plant be requested and approved
under a separate Interim Use Permit. Under Chapter 10, temporary portable hot mix asphalt and/or concrete
batch plants that operate for a maximum of 240 hours annually may be operated on the Subject Property
through a separate IUP applied for annually. Approval for operation of the temporary plants will be sought
pursuant to the provisions of Chapter 10.
Existing Conditions: The property consists of agricultural and open land use. Structures on the property
include one house and five outbuildings located generally in the center of the property. All buildings will be
removed prior to mining commencing at the building site. The well and septic tank on the property will be
properly abandoned when the structures are demolished and removed. A gravel driveway currently provides
access to the building site from Valley View Drive.
The Subject Property includes approximately 98 acres, of this area, 84.7 acres will be mined and or disturbed
and the balance will be perimeter buffer space. The property is bounded by Valley View Drive to the
northwest, an offset of approximately 300 feet along Sand Creek to the southeast, and adjacent properties on
the remainder of the perimeter. Existing conditions on the proposed mine site are shown on the Mining Plan
Sheet # 1.
Operation Setbacks: Processing of minerals including recycle materials will be conducted in accordance with
the Countys Ordinance and will not be conducted closer than one hundred (100) feet to the property line, nor
closer than five hundred (500) feet to any residential structures. Additionally, the mining operations will not be
conducted closer than two hundred (200) feet to any residence or residential zoning district boundary existing
on the approval date of the mining interim use permit. Mining operations will also not be conducted closer than
thirty (30) feet to any property line, or within thirty (30) feet of the right-of-way line of any existing or platted
street, road or highway, except that excavating may be conducted within such limits in order to reduce the
elevation thereof in conformity to the existing or platted street, road or highway engineering plans.
Excavating Below the Water Table: According to the applicants, about two years after commencing
operations, sand and gravel will be excavated down to and below the water table, which is anticipated to occur
at approximately elevation 720 ft. Based on site topography, this results in excavation depths ranging from 4
to 49 feet. In the center of the site, excavation will continue below the water table to approximately elevation
640 ft. which would leave approximately 10-30 feet of overburden above the Tunnel City-Wonewac (formerly
called Franconia-Ironton-Galesville) aquifer forming a pond of approximately 36 acres and 80 -100 feet deep.
Phasing: A Mining and Phasing Plan for the active mine is shown on sheet 2 of the Mining Plans. The plan
illustrates the excavation depths within the proposed mining boundary and provides a general phasing layout
for the operation. Mining will begin in the southern half of Phase 1 and proceed within Phase 1 until the
appropriate grades for the processing plant are achieved as shown in Sheet 3 of the Mining Plans. Mining in
Phase 1 is expected to involve excavating a moderate amount of material and smoothing out the terrain,
mainly for the purpose of preparing the plant site.
Mining will then proceed into Phase 2A, with this area being mined down to the base grade of approximately
elevation 720 (but not below the water table) and then brought back up to the processing plant grades shown
on Sheet 3 of the Mining Plans using a combination of on-site overburden and imported reclamation fill. While
mining is occurring in Phase 2A, overburden from within the Pond Phase and Phases 2B and 2C will be
stripped and transported to Phase 2A for use as reclamation fill. As Phase 2A is being brought up to grade,
mining will occur in Phase 3. As base grades in Phase 3 are established, at approximately 720 feet,
overburden from the Pond Phase and Phase 3B will be used for Phase 3 reclamation. Imported material will
not be used to reclaim below the water table
Reclamation of Phases 2B, 2C, and 3B will consist of top-dressing the mine base grades with hydric soils
excavated from within the mining limits in order to create wetland areas proposed as an end use for these
phases. Please see the Phasing Plan Sheet 2 and Reclamation with Wetland Plan sheet 5. Phase 4 will be
the last upland area to be mined. This area is likely to utilize mostly imported fill for reclamation, as most of the
overburden from other areas of the Site will have been used in the reclamation of Phases 1-3. Mining of the
pond area will occur continuously throughout the development and reclamation of Phases 1 through 4.
Truck Traffic and Haul Routes: Mining will commence upon receipt of all required permits and approvals.
Aggregate products will be available for commercial sale and will be exported from the site by trucks at a rate
of 10,000 round-trips per year and up to 110 round-trips per day during periods of peak demand.
The applicant originally proposed during the EAW process that loaded truck traffic would access TH169 at the
controlled/signalized intersection of TH169 and County Highway 9 south of the mine site. Trucks would turn
left out of the site and travel southwest along Valley View Drive to the intersection of Valley View Drive and
County Highway 9 (Quaker Avenue). Trucks would then turn left and proceed south on Quaker Avenue to the
controlled intersection of County Road 9 and U.S. Highway 169. The primary traffic route for trucks returning
to the mine site (based on the anticipated 80% (north) 20% (south) traffic split) would be 173rd Street north
of the site. Southbound trucks on TH 169 would turn right onto 173rd Street, proceed west to Valley View
Drive, turn left onto Valley View Drive and proceed south to the site entrance. Northbound trucks on TH 169
would either turn left onto County Highway 9 (Quaker Avenue), proceed west to Valley View Drive, turn right
onto Valley View Drive and proceed north to the site entrance; or proceed north on TH169 to 173rd St, turn left
to Valley View Drive and on to the mine site.
The original truck routing plan in the EAW was predicated on the understanding that the portion of Valley View
Drive to the south of the proposed mine site (which includes approximately one mile of unpaved, aggregate
surface in Sand Creek Township with a current load limit of 4 tons) would be paved. Sand Creek Township
decided not to fund paving this section of Valley View Drive and has posted it for 4 tons. Therefore, the
original traffic plan needed to be modified by the applicant to not include loaded trucks going southbound from
the mine onto the unpaved portion of Valley View Drive.
In response the applicant now plans in the IUP to route all inbound and outbound traffic to the access at
173rd Street and TH169. Northbound trucks leaving the mine are prevented from turning left onto northbound
TH169 because the 173rd Street-TH169 intersection is a left-in-right-in-right-out intersection only.
Therefore, it is proposed that both north and southbound trucks would turn right (south) on TH169 and
northbound trucks will need to head south on TH169 and turn around at some point to proceed north on
TH169.
Photo of the Intersection at TH 169 & 173 Street
There is a median opening (turnaround) located 4,720 feet south of the 173rd Street access. Southbound
vehicles can complete a U-turn maneuver to continue northbound on TH169. The median opening access has
a 315 foot left turn lane in the southbound lanes. The median opening provides access to commercial property
on the east side of TH169 and a residential property on the west side of TH169.
MnDOT maintains that their preferred truck routing is south along Valley View Drive to the signalized
intersection at TH 169/CASH 9. In order for this alternative to be implemented, the 1.71-mile stretch of Valley
View Drive located between CR 9 and the Project Site in Sand Creek Township and the City of Jordan will
need to be improved/paved and possibly correct the railroad crossing alignment, in order to accommodate
hauling trucks. MnDOTs preferred option has the least impact on TH169 traffic operations with trucks
accessing the expressway using local street connections and a signalized intersection. Trucks arriving from
northbound destinations would access the project site at the intersection of 173rd Street and TH169 but they
would also have the option of proceeding to CR 9 and entering via Valley View Drive. The City of Jordan,
residents along the route and Sand Creek Township have expressed concern with this route during the EAW,
EIS, and IUP process.
MnDOT may support a second option studied during the EIS phase of the project. This option included
construction of a U-turn at TH 21/Broadway Avenue. This option removes the U-Turn from the high speed and
high volume traffic on US 169 (As proposed by the applicant) but still uses US 169 as a circulation route. This
route was viewed more favorably by the Township, City and residents during the EIS.
Staff is not recommending any specific off-site improvements to US Highway 169 as a condition of approval.
Per the Traffic Analysis prepared by CH2M Hill, the increase in truck traffic of 11 trucks per hour will be far
exceeded by the general growth in the background traffic over the life of the mine. Any future operational
issues on US 169 will be likely caused by this increase in regional traffic; not caused by trips generated from
the proposed mine site. Staffs position is consistent with what the County has required of other businesses
locating or expanding along the US Highway 169 corridor.
Staff is recommending a condition in the IUP that requires the applicant and Sand Creek Township to enter
into an agreement to address the impacts to local road from truck traffic accessing the mine. The Township
Engineer has stated that the establishment and operation of an aggregate mine as proposed in the IUP
application will result in an increase in truck traffic on town roads in the vicinity of the proposed mining
operation. The Sand Creek Township Engineer anticipates an increase in overall traffic volume due to the
proposed mining operation will be in the range of 25% to 35% depending upon the figure used for current
traffic volumes on the town roads. However, the increase in the number of trucks traveling on the town roads
will be much higher. This increased truck traffic may result in negative impacts to the pavement structure of
these town roads (physical damage such as: rutting in the wheel paths particularly where the trucks would slow
or stop such as the corner of Valley View Drive and 173rd Street, at the railroad crossing, and at TH 169;
pavement distress cracking and potholing of the bituminous surface; and loss of shouldering material along
the roadways) as well as noise and dust impacts to neighboring properties, both residential and nonresidential, along the roadways.
The town roads in the vicinity of the proposed mining operation are Valley View Drive and 173rd Street. Valley
View Drive in the vicinity of the proposed mining operation is a gravel surfaced roadway with limited load
carrying capacity. Valley View Drive south of the proposed mining operation connects into the street system of
the City of Jordan. Valley View Drive north of the proposed mining operation is a bituminous surfaced roadway
and connecting into 173rd Street which then connects to Minnesota State Trunk Highway 169 (TH 169). 173rd
Street is also bituminous surfaced. Scott County believes that 173rd Street and the bituminous paved portion
of Valley View Drive south of 173rd Street (north of the proposed mining operation) were improved as part of
a Scott County project - to 10 ton capacity. The applicant contracted with Braun Intertec to perform a
pavement evaluation on 173rd Street and Valley View Drive. Based on the test by Braun the paved sections of
Valley View Drive and 173rd Street appear adequate to support the anticipated 10,000 truck per year. This
analysis is being reviewed by the Town Engineer and Sand Creek Town Board, who is the road authority and
has final approval of the course of construction. Sand Creek Township will require the applicant to fund the
investigation, analysis, design and construction program for improvement of the town roads as approved by the
Sand Creek Town Board.
The City of Jordan has indicated in the past that costly improvements to their street system would be needed
to accommodate the proposed mining operation truck traffic. The City of Jordan has indicated that they are
considering closing their street at the city limits where Valley View Drive connects to the city.
Sand Creek Township has posted the gravel portion of Valley View Drive to 4 tons to protect the roadways
against damage due to increased truck traffic from the proposed mining operation.
Mine Site: A noise analysis was submitted for the Interim Use Permit. The noise levels for processing
equipment (crusher, screen, and generator) are based upon noise ratings published by the manufacturers for
the types of equipment proposed for use in the project. The noise analysis identified all nearby noise receptors.
The noise analysis found that the mining equipment should meet State noise standards, however when mining
operations are closer than 175 meters to a nearby receptor, the processing and/or asphalt plant operations will
be curtailed to comply with noise regulations. The draft conditions prepared by Staff recommend that a noise
analysis is completed three months after aggregate processing begins to verify that the noise rating for mining
equipment used in the noise analysis reflect the actual mining equipment used.
Truck Traffic: Valley View Drive and adjacent roads are exempt from the State noise standards (116.07
Powers and Duties.Subd. 2a.). A noise analysis was submitted for the Interim Use Permit. The noise analysis
recommended limiting hours of operation from 7:00 am to 7:30 pm. The attached draft conditions include a
conditions limiting mining to the hours of 7:00 am to 7:30 pm.
Screening: To screen the site the applicant is proposing to construct an 8 high berm along Valley View Drive.
On top of the berm they are proposing to plant 4 tall Black Hill Spruce trees 12 on center (see Screening
Sections-Site Lines drawing attached). The screening berms along with plantings will be extended along the
side property lines up to the 100-year flood elevation.
Ground Water Discussion
The applicant is proposing to excavate into the water table (640 ft. msl) and expose the sand and gravel
aquifer. The property is located adjacent to Sand Creek. The 100-year flood plain elevation of Sand Creek at
the Site is at approximately 732.5 ft. msl. The 10-year flood plain elevation is only slightly lower 731.5 ft. msl. A
flood control spillway is proposed to be constructed at Elev. 726 ft. msl at the project site into the natural berm
separating the mine and Sand Creek. Thus, it can be expected that during a 10 and 100-year flood event,
floodwater will enter the mine-pit area through the spillway and the mine will be inundated with flood waters
from Sand Creek.
A Groundwater-flow and solute-transport model of the proposed mine pit prepared for the EAW and EIS
showed that mine-pit water will migrate in the Quaternary sand-and-gravel aquifer to the north, towards riparian
wetlands and the Minnesota River. The modeling predicted that there is a potential for aquifer water-quality
degradation in areas north of the mine pit, which might limit future use of the Quaternary sand-and-gravel
aquifer as a water supply. The model showed that two existing non-community public water supply wells
(SCALE Training Facility and Juvenile Alternative Facility JAF) and one residential well (18020 Valley View Dr.)
located in the quaternary aquifer were subject to contamination especially resulting from flood events. The
Applicant is proposing to provide new drinking water wells into the Tunnel City aquifer along with a water
softener and iron filter for these three properties.
The Minnesota Pollution Control Agency, not Scott County, is the regulating governing unit responsible for
protecting groundwater. The Applicant has obtained an NPDES permit from the MPCA. This permit will
require compliance standards for the applicant. The permit requires background monitoring, along with
quarterly and semi-annually monitoring, and monitoring after flood events. The applicant must notify the
MPCA if there is an exceedance of the monitoring intervention limit. The intervention limit is a 25% of the
drinking water limit. The NPDES permit must be renewed every five years giving opportunity for necessary
amendments. MPCA has the ability to keep the permit open after the mining operation ceases. The MPCA
will determine when and type of remediation that is needed should contamination be found in the groundwater.
The Minnesota Department of Health is the regulating governing unit responsible for protecting public drinking
wells. MDH requires routine water testing of the SCALE and JAF non-community public wells. MDH will be
consulted if contamination is found and public drinking wells may be impacted. MDH will continue to require
routine water testing of the non-community public wells after the mine closes.
Staff is recommending conditions and financial securities in the IUP to protect three wells that could be
contaminated by the mine: the County JAF, the SCALE regional training facility, and the Robling property. The
staff-recommended conditions and financial securities for replacing the wells on these properties with three
new wells, installing point-of-use treatment on these three wells, and 30 years of maintaining reverse osmosis
systems for these three wells reflect an approach first proposed by the applicant during the EIS process.
The Minnesota Department Natural Resources is the regulating governing unit for well interference. The
Applicant will be required to obtain a DNR Well appropriate permit, if needed.
Ice Jams:
Ice jams were an issue that was identified through the environmental review and public hearing process. The
applicant has revised the mining plan resulting in additional protection against ice entering Sand Creek. The
mining limits have been pulled back approximately 200 feet in the area of Sand Creek, creating a buffer
approximately 300 feet wide. This buffer includes a nearly continuous area of wood land varying from 50 to
300 feet wide along the mine boundary where floodwater would leave the site. This buffer includes 5-inch
diameter trees approximately every 10 feet, with many mature trees with diameters in excess of 12-inches.
The applicant feels trees of this density will provide an effective barrier against floating ice. Staff agrees that
this wooded buffer should be adequate to prevent large sheets of ice from floating from the mine pond into
Sand Creek. If however the natural buffer is not effective in controlling ice, Staff has included a condition that
requires the applicant to install an alternate County approved method of controlling ice from entering Sand
Creek.
Reclamation: Chapter 10.5.3 of the Zoning Ordinance requires that reclamation shall begin after the mining of
twenty-five percent (25%) of the total area to be mined or four (4) acres, whichever is less. Once these areas
have been depleted of the mine deposit they shall be sloped and seeded in compliance with the End Use Plan.
The applicant has indicated the Chapter 10 requirements to begin restoration efforts after 4-acres of mining will
conflict with their proposed phasing of the mining operations. This is consistent with how the County has
permitted other mining operations.
The plant and processing site as shown on sheet 3 of the Mining Plans encompasses approximately 9 acres.
An area of this size is needed to provide space for processing equipment and stockpiles that are necessary for
producing the various aggregate products that will be made available for sale. Additionally, the lowland
Phases 2B, 2C, and 3B will contribute a disproportionate amount of unreclaimed area to the total due to their
low volume to area ratios and their primary use as sources of reclamation fill for the upland phases. There is
very little overburden in the upland phases, so during the mining of these phases it will be necessary to have
the lowland phases open in order to provide an as-needed supply of reclamation material. Depending upon
the amount of imported reclamation fill used, there may be a greater or lesser need for material from the
lowland phases, however it is preferable to use on-site material for reclamation fill wherever possible.
Both on-site overburden materials and imported fill will be used as needed to establish final reclamation
grades. Staff is recommending a condition in the IUP that all stockpiled topsoil, overburden and strippings
must remain on-site. It is estimated that between 250,000 and 350,000 cubic yards of overburden from within
the site will be used for reclamation fill. An additional 550,000 to 650,000 cubic yards of fill material will be
imported for use as reclamation fill. Prior to accepting fill material the applicant will identify the source of
imported material and assess the potential for contamination. This assessment will include contacting the
source site owner/operator to ascertain whether any known contamination exists and reviewing available
environmental documents (Phase I ESA, etc.) if they exist. If the history of imported soil is unknown, sampling
and laboratory analysis of the soil will be required to demonstrate compliance with the Soil Reference Value
(SRV) limits prior to the material being accepted at the site. The reclamation fill cannot contain chemical
constituents of concern that exceed the limits specified for the MPCAs Tier I SRV. Documentation of
investigation and test results of imported fill will be provided to Scott County. No open dumping will be allowed
at the site.
Reclamation fill will be compacted in lifts as it is placed. Reclamation fill within areas designated as building
pads and roadways will be compacted in lifts to at least 95 percent of Standard Proctor maximum dry density.
In non-building pad/roadway areas, reclamation fill will be placed in lifts, compacted as feasible depending
upon soil type and moisture condition, and allowed to consolidate naturally over time. The applicant will
conduct density and moisture testing to verify adequate compaction and the test results will be reviewed by an
engineer and provided to Scott County.
A generalized reclamation plan is shown on sheet 4 of the Mining Plans. Reclamation will begin along the
northwest boundary of the project site and progress inward. Perimeter reclamation slopes will be graded to a
slope of 5H:1V. In the upland area, reclamation grades will be established at an elevation of approximately
742 ft., which is ten feet above the 100-year flood level of approximately 732 ft. As finished reclamation grades
are established, topsoil of a quality equal to or greater than the existing topsoil will be placed on the upland
area and the surface will be seeded with a County-approved grass mixture.
An open area will be left in the center of the mining limits. No reclamation fill will be placed in the
lowland/floodplain area; it will be left at the grades established during the mining excavation which are
anticipated to range from 715 to 721 ft. With the water table occurring at approximately 720 ft., the creation of
approximately 38 acres of wetlands and wetland buffer has been proposed as a potential end-use for this area.
End Use Plan: It is anticipated that the mine will be active for 25 years. The mining operations End Use Plan
must comply with Scott Countys Comprehensive Plan. Scott Countys 2030 Comprehensive Plan identifies
the site as Commercial Reserve District. The purpose of this district is to reserve land in low density rural
residential lots with a minimum lot size of 40 acres until future commercial and/or industrial development can
take place with urban services. It is possible that this area will develop with additional institutional uses similar
to the SCALE Regional Training Facility and the Juvenile Alternative Facility.
The End Use Plan proposes two 40 plus acre residential lots. Under the current Zoning Ordinance, one (1)
dwelling unit per forty (40) acre lot is allowed in the Urban Business Reserve District.
This project is required to meet runoff quantity and quality regulations as set in Chapter 6 of the Zoning
Ordinance. The Countys Natural Resources Department has reviewed the pollution prevention plan and
resource management plan to ensure compliance with Chapter 6. A memo dated August 31, 2016
documenting County Natural Resource staff comments is included with this RBA.
According to the Wetland Delineation Report, there are two wetlands and Sand Creek on the project site. The
Scott Soil and Water Conservation District (SWCD) approved the wetland delineation in March of 2015. As
stated earlier in this RBA the applicant has revised the mining plan resulting in a 300 foot buffer between the
mining boundary and Sand Creek. Wetland restoration is now proposed to occur within the buffer zone rather
than the previous plan of purchasing banked wetland credits. A Wetland Permit Application including the
wetland replacement plan has been prepared by the applicant for review and approval by the SWCD. A
condition of the permit requires that the SWCD Approve the replacement plan or issues a Certificate of No
Loss for the project prior to the commencement of mining.
Public Comment:
This IUP request has received extensive public comment and input. Attached to this RBA is a copy of the
official meeting minutes from the February 9, 2015 public hearing, which summarizes the input received during
the hearing. Also attached is written comments received from the public prior to the public hearing. Finally,
staff has attached written comments on this IUP request received since the public hearing last year. Under the
advisement of legal counsel, information on certain communications have been redacted if the communication
did not explicitly request to be part of the public record.
Sand Creek Township Recommendation:
The Sand Creek Town Board recommended denial of the request at their February 2015 monthly meeting. A
copy of their February 6, 2015 recommendation letter is attached. The Township has not issued any other
recommendation since the public hearing.
City of Jordan Recommendation/Comments:
The City of Jordan provided comments on this IUP request in a letter dated January 21, 2015, attached for
your review. The City has not issued any other comment letter on this request since the public hearing.
Planning Commission Recommendation:
On February 9, 2015, after closing the public hearing on this request, the Planning Commission recommended
denial of this IUP request on a vote of 4 1 (with 1 abstaining and 1 absent). The reasons stated for the denial
recommendation were water quality issues, the effect of truck traffic on TH 169, and the potential financial
responsibility of the County because of the Applicants limited liability company status.
MPCA Action since the Public Hearing:

On April 1, 2016, the Minnesota Pollution Control Agency issued a final NPDES/SDS permit for this proposed
gravel mine. The MPCA received 87 written comments during the 30-day public comment period.
DNR Comments since the Public Hearing:
The DNR submitted a comment letter on the IUP request dated August 22, 2016, expressing concerns with the
proposed excavation work along the bank of Sand Creek between the wetland and creek. The letter indicates
that the DNR would prefer an alternate design to achieve the desired outcome (of accommodating wetland
mitigation and minimizing stream migration into the mine pit). In response to this comment letter, the applicant
submitted a revised spillway plan that is consistent with what was studied in the EIS process. A memo dated
August 31, 2016 documenting County Natural Resource staff comments on this revised plan are included with
this RBA.
Staff Recommended Conditions:
Staff recommends that any Board approval of the Interim Use Permit for S.M. Hentges & Sons, Inc. and Jordan
Gravel, LLC be subject to a list of conditions (see attached document, with exhibits A J). Staff will highlight
the key recommended conditions on September 6.
Staff shared the set of recommended conditions to the Applicant on August 23. The applicant provided their
comments and reaction to these conditions in a marked-up copy delivered to staff on August 25 (attached),
with blue underlined text representing suggested new language and red strike-through text representing
suggested deleted language.
The links for the documents referenced in this Request for Board action are below.
Memos and Applicants Response to Draft Conditions
Public Hearing Minutes and Public Comments
Draft Interim Use Permit and Exhibits A-E
Draft Interim Use Permit Exhibits F-I
Draft Interim Use Permit Exhibit J
Fiscal Impact:
None
AGENDA #6.1
MEETING DATE: S EPTEMBER 6, 2016
ORIGINATING DEPARTMENT: Zoning Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Lisa Schickedanz - 8892

PROJECT: Gerold Rezoning
ACTION REQUESTED:
TIME REQUESTED: N/A
Approve the Request for Rezoning for Steve and Dave Gerold in Section 9 of
Helena Township
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Community Services, Zoning Administration
Deputy Clerk :
Date:
The purpose of this agenda item is to approve the request for rezoning (PL #2016-045), for Steve Gerold and
Dave Gerold, applicants, of 105.30 acres located in Section 9 of Helena Township from UTR, Urban Transition
Reserve District to UTR-C, Urban Transition Reserve Cluster District to split the homestead off on a 3.07 acre
parcel.
This action was recommended by the Scott County Planning Advisory Commission on July 11, 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

Steve Gerold & Dave Gerold, applicants
Rezoning (#2016-34)
Criteria for Approval:
1.
Consistency with the Comprehensive Plan the proposed rezoning conforms to the goals and policies
for the Urban Transition Area contained in the 2030 Comprehensive Plan.
2.
Compatible with present and future land uses of the area the rezoning will not alter the property
usage, as it will continue to be used for residential and agricultural uses.
3.
The proposed use conforms to all performance standards contained in the Zoning Ordinance the use
of the property is not changing, the majority of the property will remain in agricultural production.
4.
Public Service Capacity the use is not changing and therefore will not adversely impact public service
capacity for local service providers.
5.
Adequate Roads or Highways to Serve the Subdivision both proposed parcels have frontage on 230th
Street W, County Road 64. Access easement will be required to be recorded on the property to
redirect the access to the east in the future when a local street connection is possible and to allow
access for the agricultural land. Once the site has frontage along or access to a local street, the
property owner(s), at their own expense, shall close the access to County Road 64 and utilized the
easement to access the local road.
And noting that:

1. The Town Board of Helena recommended approval of the rezoning.
AGENDA #6.2
MEETING DATE: SEPTEMBER 6, 2016
ORIGINATING DIVISION: Health and Human
ORIGINATING DEPARTMENT: Services
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Barb Dahl, Social Services

Director - 8151
PROJECT:
ACTION REQUESTED:
TIME REQUESTED: N/A
Approve an Amendment to the Comprehensive Training Program Grant GRK

101086 From the Minnesota Department of Human Services in the Amount of
$88,116
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Pam Selvig
Barb Dahl
Terry Raddatz
Deputy Clerk :
Date:
The purpose of this agenda item is to approve an Amendment to the Comprehensive Training Program Grant
GRK 101086 from the Minnesota Department of Human Services (DHS) in the amount of $88,116.
On November 3, 2015, the County Board approved the acceptance of an Evidence-Based Practices Training
Grant from the Minnesota Department of Human Services for an intensive, comprehensive training program in
the amount of $74,970. The Grant award of $74,970 funded all training costs including hours involved by staff
in the training and consultation. Staff time was reimbursed at the Medical Assistance rate so there was no loss
of revenue for the Mental Health Center. DHS is authorizing additional funding and an extension of this Grant
to train more therapists. This Amendment, related to the Grant, is to expand the clinical capacity to provide
services that effectively utilize existing and emerging research to treatment.
This project will involve collaboration between the State and the Ambit Network at the University of Minnesota
to train clinicians in the assessment and treatment of trauma disorders in children. Scott County will have
designated clinicians participate in eight hours of online training as an introduction to trauma, and four full days
of intensive, interactive classroom training that will include the use of standardized tools to screen and assess
for trauma, as well as the application of the treatment components of Trauma-Focused Cognitive Behavioral
Therapy (TF-CBT). Upon completion of the classroom training, the trainees will choose appropriate cases in
which to apply the practices learned in training and use those cases to participate in bi-weekly consultation
calls. The consultation calls will continue for twelve to fifteen months. All trainees will also attend an additional
full day of advanced training near the end of the grant period. Scott County shall participate fully in all of the
activities related to training, follow-up consultation, and evaluation included as part of this project.
The Amendment lays out the new requirements and extends the Grant period to March 30, 2018. With the
original Grant Contract amount of $74,970 and the Amendment in the amount of $88,116, the new total Grant
Contract amount is not to exceed $163,086.
Fiscal Impact:
No fiscal impact. As with the original Contract, the Grant Amendment of $88,116 funds all training costs
including hours involved by staff in the training and consultation. Staff time will be reimbursed at the Medical
Assistance rate so there is no loss of revenue for the Mental Health Center.
AGENDA #6.3
ORIGINATING DEPARTMENT: Physical Development
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Randy Ronning (X-8364)

PROJECT: CP 21-27
ACTION REQUESTED:
TIME REQUESTED: N/A
Approve Estimate of Just Compensation by a Market Value Appraisal for an

Early Acquisition of a Remnant Parcel Under County Project (CP) 21-27 in the
City of Prior Lake
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Anthony J. Winiecki, Community Services
Eunie Quade, Community Services
Randy Ronning, Community Services
Deputy Clerk :
Date:
The purpose of this agenda item is to approve estimate of just compensation by a market value appraisal for
the early acquisition of a remnant parcel in the southwest quadrant from the intersection of State Trunk
Highway (TH) 13 with Pleasant Street S.E.
This intersection is in proximity to an intersection improvement project programmed for the intersection of TH
13 and County Highway (CH) 21 under County Project (CP) 21-27 in the City of Prior Lake. Owners
representative contacted the City and the County making inquiries as a willing seller if either the City or the
County has any interest in purchasing this property.
The intersection improvement project will include reconstructing the CH 21 and TH 13 intersection with turn
lanes on CH 21 and receiving lanes on TH 13, installing a replacement signal system and pedestrian
accommodations, and relocating the Pleasant Street access further to the south to accommodate longer turn
lanes. The project is programmed for construction in 2019.
The County assigned Integra Realty Resources (IRR), which is an independent fee appraisal firm currently
under contract with the Highway Department, to complete appraisals to determine the market value for the
properties to provide an estimate of just compensation. IRR has completed and delivered an appraisal report
for this one property by an early acquisition with a recommended estimate of just compensation. The appraisal
is required for compliance with applicable laws and regulations. The appraisal is the basis for this approval to
present a written offer of just compensation.
Detail information has been provided to the Board in a separate confidential memorandum per the
requirements of Minnesota State Statutes. The appraisal reports are available for Board review upon request
to the Highway Department office.
This project is programmed for a late 2018 letting, 2019 construction in the 2016-2015 Transportation
Improvement Program (TIP). The TIP budget for right-of-way (ROW) is programmed at $1,000,000.
Fiscal Impact:
None
AGENDA #6.4
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Randy Ronning (X-8364)

PROJECT: CP 21-25
ACTION REQUESTED:
TIME REQUESTED: N/A
Approve Estimate of Just Compensation by a Market Value Appraisal for New

Right-of-Way and Drainage and Utility Easements Under County Project (CP)
21-25 in the City of Prior Lake
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Anthony J. Winiecki, Community Services
Randy Ronning, Community Services
Deputy Clerk :
Date:
The purpose of this agenda item is to approve estimate of just compensation by market value appraisals for
new right-of-way and drainage and utility easements along County Highway (CH) 21 under County Project
(CP) 21-25 in the City of Prior Lake.
The project is a joint right-of-way acquisition with the City of Prior Lake for both the Citys existing storm water
pond needs and for future needs for expansion of a storm water pond and for new right-of-way with access
control along CH 21. The County is proposing that the City and the County enter into a Joint Powers
Agreement to authorize joint acquisitions along with specifying cost sharing between the parties. The project
requires right-of-way needs by partial takings on four parcels.
The County assigned Patchin Messner Dodd & Brumm (PMDB), which is an independent fee appraisal firm
currently under contract with the Highway Department, to complete appraisals to determine the market value
for the properties to provide an estimate of just compensation. PMDB has completed and delivered appraisal
reports for these properties with a recommended estimate of just compensation. The appraisal is required for
compliance with applicable laws and regulations. The appraisal is the basis for this approval to present a
written offer of just compensation.
Detail information has been provided to the Board in a separate confidential memorandum per the
requirements of Minnesota State Statutes. The appraisal reports are available for Board review upon request
to the Highway Department office.
The funding for this acquisition is identified in the Transportation Improvement Program (Road and Bridge
Fund) cash flow and has been carried forward for several years pending agreement with the property owners.
Fiscal Impact:
None
AGENDA #6.5
ORIGINATING DEPARTMENT: Property & Taxation
Services
PRESENTER: Ellen Paulsen
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED: N/A
PROJECT:
ACTION REQUESTED:
Adopt Resolution No. 2016-155; Requesting Approval of the Basic Sale Price
of a Tax-Forfeited Parcel of Land and Establishing the Date of Public Sale
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Ellen Paulsen, Taxation Supervisor
Laurie Peck, Taxation Specialist
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-155; requesting approval of the basic sale
price of a tax-forfeited parcel of land and establishing the date of public sale.
The parcel forfeited to the State of Minnesota on May 12, 2015, due to non-payment of property taxes. This
property was initially classified as conservation land due to the front footage of the property to Lake ODowd.
MS 282.018 requires that all property having 150 feet or more is withdrawn from any sale unless legislative
action is sought. Local legislative representatives authored a bill this past legislative session, which was
passed. The property is now deemed non-conservation, and the County has the ability to sell it to the public
and get it back on the tax roll.
The property (see attached map) abuts Lake ODowd, but has a permanent perpetual easement on it for a
tee-box for Stonebrooke Golf Course. The City of Shakopee has deemed the property buildable. The
Property and Taxation Services Department (Department) reviewed the property and has determined the sale
price to be between $60,000 - $100,000. The Departments ultimate goal is sell the property and get the parcel
back on the tax roll. The Department sells forfeited lands and sets the basic sale price at the lowest possible
price to entice a sale.
Staff is requesting the Board set the sale price for:
Parcel #270610360, Lot 2, Block 5, Timber Trails at $60,000
Staff is also requesting the Scott County Board of Commissioners establish the date of the public sale. The
proposed date of the public auction is October 6, 2016 at 10:00 a.m. in Room GC102 at the Scott County
Government Center.
Fiscal Impact:
None
BOARD OF COUNTY COMMISSIONERS

Date: September 6, 2016
Resolution No.: 2016-155
Motion by Commissioner:
Seconded by Commissioner:
RESOLUTION NO. 2016-155; REQUESTING APPROVAL OF THE BASIC SALE PRICE OF A
TAX-FORFEITED PARCEL OF LAND AND ESTABLISHING THE DATE OF PUBLIC SALE
WHEREAS, M.S. 282.01 provides for the classification, appraisal, and sale of land becoming the
property of the State of Minnesota due to non-payment of property taxes; and
WHEREAS, the time for redemption of property bid in for the State of Minnesota for non-payment of
taxes has expired; and
WHEREAS, the parcel has forfeited to the State of Minnesota on May 12, 2015 due to non-payment of
property taxes; and
WHEREAS, the parcel was initially classified as conservation land pursuant to MS 282.018; and
WHEREAS, legislative action was sought and approved to allow the County to classify the property as
non-conservation; and
WHEREAS, the Scott County Property and Taxation Services Department (Department) has done an
appraisal of the parcel and estimates the property value of $60,000 - $100,000; and
WHEREAS, the Department requests the Scott County Board of Commissioners to approve
the basic sale price of $60,000, and requests the approval of the date and time of the public auction to be held
on October 6, 2016 at 10:00 a.m. in Room GC102 at the Scott County Government Center.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners in and for the County of
Scott, Minnesota, hereby approve the basic sale prices as shown above, and authorize the date, time, location,
and terms of the public sale of said property as stated above.
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 6th day of September,
2016 now on file in my office, and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota, this 6th day of September, 2016.
Administrator's Designee
AGENDA #6.6
ORIGINATING DEPARTMENT: Property & Taxation
Services
PRESENTER: Ellen Paulsen
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED: N/A
PROJECT:
ACTION REQUESTED:
Adopt Resolution No. 2016-157; Requesting Approval of the Basic Sale Price
of a Tax-Forfeited Parcel of Land and Establishing the Date of Private Sale
FISCAL:
Finance Review
Budget Change
Provide a Supportive Organizational Structure

Approved:
Denied:
Tabled:
Other:
Ellen Paulsen Taxation Supervisor
Laurie Peck Tax Specialist
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-157; requesting approval of the basic sale
price of a tax-forfeited parcel of land and establishing the date of private sale.
The parcel forfeited to the State of Minnesota on May 10, 2016 due to non-payment of property taxes. The
parcel has been classified as non-conservation land. The property is 0.01 acres and is land locked (see
attached map). The parcel would only have value to the adjacent property owners. A private land sale is
being requested to include only adjacent property owners. The Property and Taxation Services Department
(Department) reviewed the the property and has determined the sale price to be $100. The Departments
ultimate goal is to sell the property and get it back on the tax roll. The Department sells forfeited lands and
sets the basic sale price at the lowest possible price to entice a sale.
Staff is requesting the Board set the sale price for:

Parcel #251090061, Part of Lot 1, Block 2, Willows Second Addition at $100
Staff is also requesting the Scott County Board of Commissioners establish the date of the private sale. The
proposed date of the private auction is October 6, 2016 at 10:00 a.m. in Room GC102 at the Scott County
Government Center.
Fiscal Impact:
None

RESOLUTION NO. 2016-157; REQUESTING APPROVAL OF THE BASIC SALE PRICE OF A

TAX-FORFEITED PARCEL OF LAND AND ESTABLISHING THE DATE OF PRIVATE SALE
WHEREAS, M.S. 282.01 provides for the classification, appraisal, and sale of land becoming the
property of the State of Minnesota due to non-payment of property taxes; and
WHEREAS, the time for redemption of property bid in for the State of Minnesota for non-payment of
taxes has expired; and
WHEREAS, the parcel has forfeited to the State of Minnesota on May 10, 2016 due to non-payment of
property taxes; and
WHEREAS, the parcel is classified as non-conservation land pursuant to MS 282.018; and
WHEREAS, the Scott County Property and Taxation Services Department (Department) has done an
appraisal of the parcel and estimates the property value of $100; and
WHEREAS, the Department requests the Scott County Board of Commissioners to approve
the basic sale price of $100, and requests the approval of the date and time of the private auction to be held on
October 6, 2016 at 10:00 a.m. in Room GC102 at the Scott County Government Center.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners in and for the County of
Scott, Minnesota, hereby approves the basic sale price as shown above, and authorizes the date, time,
location, and terms of the public sale of said properties as stated above.
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 6th day of September, 2016, now on file in my office, and have found the same to be a true and correct copy
thereof.
AGENDA #6.7
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Randy Ronning (x8364)

PROJECT: CP 17-31
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-160; Authorizing the Acceptance of a Bid for the
Sale of a House and Its Removal From the Property
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Tony Winiecki, Physical Development
Eunie Quade, Physical Development
Randy Ronning, Physical Development
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-160; authorizing the acceptance of a bid for
the sale of a house and its removal from the property.
Removal of this house at 1752 Marschall Road South, Shakopee, Minnesota, provides immediate benefit to
the safety and operations by allowing closing of one direct access onto County Highway 17 (Marschall Road)
(CP17-31). Also, right-of-way will be needed on this property for a trail project known as CP 17-31, which is
programmed for delivery in 2019 in the Transportation Improvement Program (TIP) 2016 2025.
The County advertised for three weeks for sealed bids. The County received one sealed bid prior to or by the
bid closing deadline. Otting House Movers has submitted a bid in a sum of $1,700 as read at bid opening.
This bid was the highest responsible bid.
In the event the Board elects not to approve the sale of this house, we anticipate that the remaining option will
be demolition with its associated costs. We anticipate the demolition costs to be in excess of $15,000.
Fiscal Impact: None

RESOLUTION NO. 2016-160; AUTHORIZING THE ACCEPTANCE OF A BID FOR

THE SALE OF A HOUSE AND ITS REMOVAL FROM THE PROPERTY
WHEREAS, the County purchased property at 1752 Marschall Road S, Shakopee, MN, which is
improved with a rambler-style house; and
WHEREAS, the property was purchased for the removal of direct access onto County Highway 17
(Marschall Road) under CP17-31 and will be used for a future trail project known as Project CP 17-41, which is
programmed in the Transportation Improvement Program (TIP) 2016 - 2025; and
WHEREAS, the sale of the house was advertised by legal notice in the official newspaper for three
weeks for sealed bids for the sale of the house by its removal from the property; and
WHEREAS, the bid of Otting House Movers, Lakeville, Minnesota, in the amount of $1,700 was the
highest responsible bid.
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 a bid for the sale and removal of a house
from the property. The Bill of Sale amount is $1,700 subject to approval by the County Attorneys Office as to
form.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
Minnesota, at their session held on the 6th day of September, 2016 now on file in my office, and have found the same to be a true and correct copy
thereof.
AGENDA #6.8
ORIGINATING DEPARTMENT: Scott WMO
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Paul Nelson 8054

Ryan Holzer 8882
PROJECT: Quarry Creek CSWQC01
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-161; Authorizing a Contract Increase for the

County Highway and Scott Watershed Management Organization Quarry
Creek Project in the Amount of $128,644.12
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Paul Nelson, Environmental Services Manager
Jake Balk, Highway Division Program Manager
Ryan Holzer, Water Resources Scientist
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-161; authorizing a contract increase for the
County Highway and Scott Watershed Management Organization Quarry Creek Project in the amount of
$128,644.12.
This project was awarded to Dahn Construction in the amount of $1,732,238.83 on October 20, 2015
(Resolution 2015-207).
The project consisted of the construction of a detention basin, site grading, channel stabilization, riprap check
dams, rock vanes, RCP pipe under County Highway (CH) 60, steel sheet pile, turf reinforced matting, native
grass seeding, erosion controls, etc. The ravines between CH 60 and County State Aid Highway (CSAH) 6
were stabilized, slowing erosion and reducing sediment deposition downstream that has been causing road
closures and compromising the integrity of the bridge under CSAH 6.
The Contract addition will exceed the County Engineers 5% authority limit; therefore, it is necessary to obtain
authorization to modify the original Contract. With the need for additional materials, the amended Contract
would be adjusted to $1,860,882.95.
The increased costs were due to the following factors encountered during construction:
1. The common borrow had increases in quantity to construct a berm on a downstream landowners
property to better protect outbuildings from flooding. In the past, the channel has exceeded its banks
and flooded this area. The berm was needed to minimize the potential for the project impacting
flooding in this area.
2. The riprap and geotextile fabric was difficult to quantify in a ravine setting where it was to be installed
and additional quantities of riprap and geotextile fabric were needed to complete the project.
3. Due to differing soil conditions encountered standard sheet piling driving procedures did not work. It
caused distorted sheet profile and destroyed interlocks. Due to the soil being too dense the vibratory
hammer could not drive to desire tip elevations and additional effort was required.
4. Two RCP pipes had modifications made in the field so they would function properly. This was so they
either not become clogged with sediment or cause erosion and scouring around the pipe.
Fiscal Impact:
The project received a favorable bid and the requested contract increase can be covered under a combination
of remaining balances from a MnDOT disaster bonding funding, a Clean Water Fund Grant and a Minnesota
Pollution Control Agency loan that was successfully executed (Resolution No. 2015-102).

RESOLUTION NO. 2016-161; AUTHORIZING A CONTRACT INCREASE FOR THE
COUNTY HIGHWAY AND SCOTT WATERSHED MANAGEMENT ORGANIZATION
QUARRY CREEK PROJECT IN THE AMOUNT OF $128,644.12
WHEREAS, sediment accumulations are causing problems with the operation and maintenance of
County State Aid Highway (CSAH) 6, and is an on-going maintenance cost; and
WHEREAS, ravines in the area are known to be a large source of sediment and downstream waters
(i.e., Minnesota River and Lake Pepin) are impaired due to sediment; and
WHEREAS, the June 2014 heavy rains, declared a Presidential Disaster, have accelerated erosion;
and
WHEREAS, the project was designed to stabilize the ravines leading to CSAH 6 by use of riprap lined
channels, riprap checkdams, and a detention pond; and
WHEREAS, during construction additional quantities of materials and additional effort was determined
to be needed to meet design objectives; and
WHEREAS, staff recommends the contract increase for the County Highway and Scott Watershed
Management Organization Quarry Creek project in the amount of $128,644.12, for additional project costs; and
WHEREAS, the requested additional funds would come from existing grants and the Minnesota
Pollution Control Agency Loan funds which was authorized on May 19, 2015.
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 approve a contract increase of $128,644.12 for
the County Highway and Scott Watershed Management Organization Quarry Creek Project.
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 6th day
of September, 2016 now on file in my office, and have found the same to be a true and correct copy thereof.
AGENDA #6.9
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Randy Ronning - 8364

PROJECTS: CP 17-31; CP 27-19 & CP
42-10
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-162; Awarding a Contract to Landwehr

Construction, Inc. for Demolition of Five Buildings Along With Sealing Water
Wells and Other Work on County Projects (CP) 17-31, CP 27-19, and CP
42-10
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-162; awarding a Contract to Landwehr
Construction, Inc. for demolition of five buildings along with sealing water wells and other work on County
Projects (CP) 17-31 (3258 Marschall Road S, Shakopee); CP 27-19 (6915 190th Street E, Prior Lake); and CP
42-10 (4804 Egan Drive & 4650 Egan Dr., Savage).
One sealed bid was received on Tuesday, August 2, 2016:
Landwehr Construction, Inc.
$186,565.50
The bid of Landwehr Construction, Inc. was the lowest responsible bid. The engineers estimate for this work
was $139,730, resulting in the bid being 33.5% over the estimated amount. Staff feels that this overage is
acceptable due to this being specialty work and recommends approval.
The County became aware of new federal right-of-way requirements which do not allow demolition work for
Project CP T169-06 until environmental clearance and approvals are obtained. Staff contacted Landwehr
Construction, Inc. to provide it with an option to withdraw its bid or to amend the bid to delete the work
associated with Project CP T169-06. Landwehr Construction, Inc., the sole lowest responsible bidder, elected
the option to amend its bid to delete the demolition work associated with Project CP T169-06 by a pending
change order. By Landwehr Constructions election, the revised bid is $134,483.75.
The revised contract amount will be $134,483.75 with a breakdown of the bid by project as follows:
CP 17-31:
CP 27-19:
CP 42-10:
$38,467.50
$26,825.00
$69,191.25
The funding for these demolitions is included in the funds programmed for right-of-way for each project in the
Transportation Improvement Program (TIP) 2016 2025.
Fiscal Impact:
None

RESOLUTION NO. 2016-162; AWARDING A CONTRACT TO LANDWEHR CONSTRUCTION, INC.

FOR DEMOLITION OF FIVE BUILDINGS ALONG WITH SEALING WATER WELLS AND OTHER WORK
ON COUNTY PROJECTS (CP) 17-31, CP 27-19, AND CP 42-10
WHEREAS, this project involves abatement and demolition of buildings in preparation of highway
projects; and
WHEREAS, one bid was received on August 2, 2016 and the bid of Landwehr Construction, Inc. was
the lowest responsible bid; and
WHEREAS, funding for the 2016 Building Demolition Project is included in the 2016 Transportation
Improvement Program (TIP) in a revised amount of $134,483.75; and
WHEREAS, as the sole lowest responsible bidder has elected an option to amend the bid to delete
work associated with Project CP T169-06 due the required federal right-of-way process; and
WHEREAS, the building demolitions are necessary to support future highway projects, operations and
safety on several county highways.
Minnesota, that the Chairperson of the Board is authorized to enter into a Contract with Landwehr
Construction, Inc., for the 2016 Building Demolition Project in the contract amount of $134,483.75.
BE IT FINALLY RESOLVED, that approval of this Agreement is subject to approval by the County
Attorneys Office as to form.
COMMISSIONERS
Wagner
No
VOTE
Absent
Yes
Abstain
Wolf
Yes
No
Absent
Abstain
Beard
Yes
No
Absent
Abstain
Marschall
Yes
No
Absent
Abstain
Ulrich
Yes
No
Absent
Abstain
State of Minnesota)
County of Scott )
thereof.
AGENDA #6.10
ORIGINATING DEPARTMENT: Program Delivery
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Tony Winiecki - 8346

PROJECT: CP 27-17, 27-20, & 27-21
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-163; Authorizing Entering Into a Construction

Cooperative Agreement With the City of Savage for the County Highway 27
Intersection Improvement Projects
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Curt Kobilarcsik, Community Services
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-163; authorizing entering into a Construction
Cooperative Agreement with the City of Savage for the County Highway (CH) 27 Intersection Improvement
Projects.
The improvements include three separate, but coordinated, projects along CH 27. County Highway 27
intersection with:
South Park Drive, installing a traffic signal system with Emergency Vehicle Preemption (EVP) system.
County Project (CP) 27-17
150th Street, reconstructing the existing intersection/median to a intersection and removing the stub
street to the east. CP 27-20
157th Street, opening the median in CH 27 to construct a access. CP 27-21
The purpose of these projects is to improve safety, mobility, and capacity on Scott CH 27 at the intersections of
South Park Drive, 150th Street, and 157th Street. These projects are included in the Transportation
Improvement Plan (TIP) for construction in 2016.
The Agreement is between Scott County and the City of Savage and covers cost participation and
maintenance responsibilities. City construction costs are as established per the County Cost Participation
Policy, and include one hundred percent (100%) of the cost for the opening of the median in CH 27 to
construct a access at 157th Street. (CP 27-21) The City will also cover half of the storm sewer cost at the
intersection of 150th Street West (CP 27-20) and all of the Citys portion of construction inspection and contract
administration services at all intersections. Per the terms of the Agreement, Scott County will pay for the long
term maintenance of the Emergency Vehicle Preemption (EVP) system but the City will be responsible for fifty
percent (50%) of the purchase and installation of the system at South Park Drive. (CP 27-17) The City of
Savage will be responsible for the installation, repair, maintenance, and monthly utility service fees of the street
lighting included in the project.
Staff requests approval to enter into an Agreement with the City of Savage for cost participation and
intersection improvements. The City of Savage approved the Cooperative Agreement at their August 1, 2016,
City Council meeting.
The construction project bid will be awarded in a separate item on the Board agenda. Construction is planned
to occur in 2016.
Fiscal Impact:
None

RESOLUTION NO. 2016-163; AUTHORIZING ENTERING INTO A CONSTRUCTION
COOPERATIVE AGREEMENT WITH THE CITY OF SAVAGE FOR THE COUNTY
HIGHWAY 27 INTERSECTION IMPROVEMENT PROJECTS
WHEREAS, the project is for the improvement of County Highway (CH) 27 at South Park Drive, 150th
Street, and 157th Street intersections; and
WHEREAS, the project will improve the safety, mobility, and capacity on Scott CH 27; and
WHEREAS, a Construction Cooperative Agreement is needed with the City of Savage for the project;
and
WHEREAS, the Agreement establishes the roles and responsibilities for delivery of the project and the
cost participation for the City on the project; and
WHEREAS, the City of Savage approved the Cooperative Agreement at their City Council meeting on
August 1, 2016; and
WHEREAS, the project is in the approved Scott County Transportation Improvement Program (TIP)
20162025; and
WHEREAS, the Agreement lays out the parties responsibilities including any construction, engineering,
construction inspection, and contract administration costs.
NOW THEREFORE BE IT RESOLVED, by the Scott County Board of Commissioners in and for the
County of Scott, Minnesota, hereby authorizes the Chairperson of the Board to enter into a Cooperative
Agreement with the City of Savage for cost participation on the County Highway (CH) 27 Improvement Project
in the City of Savage.
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 6th day of September, 2016 now on file in my office, and have found the same to be a true and correct copy thereof.
AGENDA #6.11
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Lisa Freese 8363

PROJECT: CP60-02FL
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-164; Authorizing an Amendment to the

Agreement With The 106 Group Adding Archaeological Monitoring Services
During Construction for the County Highway 60 Improvement Project in
Blakeley Township
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Anthony Winiecki, Community Services
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-164, authorizing an Amendment to the
Agreement with The 106 Group adding archaeological monitoring services during construction for the County
Highway (CH) 60 improvement project in Blakeley Township.
CH 60 was damaged during the 2014 flood event and has been closed to traffic since that time. In 2015, the
County determined that the best alternative was to repair the damaged roadway on new alignment. The
project has been designed and the Federal Emergency Management Agency required that this project have an
Environmental Assessment. Through this review process it was determined that monitoring during
construction is required by the State Historic Preservation Office. The 106 Group is under contract for previous
work on this project and has performed the cultural resource site reviews and reports required in the
environmental review process. The 106 Group was asked to provide quotes for this work based on their
expertise in the work, their status as minority/women-owned business, and their knowledge of the project with
work provided on cultural resources services already provided for the CP 60-02 FL project.
The proposed baseline archaeological monitoring services will be up to $19,000 for labor and expenses for the
anticipated four days of work for monitoring services in the project area. The baseline services anticipate no
archaeological materials are found or uncovered. The baseline services will include meetings, research,
preparation, monitoring services, and report. If materials of interest are encountered, a contingency budget is
provided up to $13,000 for labor and expenses. To activate the contingency budget will require written
authorization by the County Engineer. The contingency assumes up to 30 hours of work to address up to two
archaeological discoveries and up to 70 hours for securing the areas, stopping work, and fielding all the phone
calls related to implementing the monitoring plan strategies in the event of a find.
The project is included in the adopted Transportation Improvement Program (TIP) 2016 2025 for calendar
year 2016. This service was not anticipated, so funding to cover this work will be taken from the Spot
Safety/Right-of-Way set-aside in the TIP. The current Contract total is for $64,000 and this Amendment would
add a total of $32,000 to the contract, for a total not to exceed $96,000.
Fiscal Impact:
None

RESOLUTION NO. 2016-164; AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH
THE 106 GROUP ADDING ARCHAEOLOGICAL MONITORING SERVICES DURING CONSTRUCTION
FOR THE COUNTY HIGHWAY 60 IMPROVEMENT PROJECT IN BLAKELEY TOWNSHIP
WHEREAS, Scott County Highway (CH) 60 flood improvement project is located in the Township of
Blakeley; and
WHEREAS, this Agreement will compensate The 106 Group to provide professional architectural
monitoring services according to the approved monitoring plan; and
WHEREAS, this project is in the Transportation Improvement Program (TIP) 2016 2025 for calendar
year 2016 with funding for these services coming from the Spot Safety/Right-of-Way set-aside; and
WHEREAS, the Amendment is for a baseline amount up to $19,000 and, if materials of interest are
encountered, an additional $13,000 of services may be allowed by written authorization of the County
Engineer; and
WHEREAS, the Contract total with The 106 Group after amended will not exceed a total of $96,000.
Minnesota, that the Chairperson of the Board is authorizing the Amendment with The 106 Group for a baseline
amount up to $19,000. If materials of interest are encountered a contingency of up to $13,000 is being
requested, these services will require approval by County Engineer.
BE IT FINALLY RESOLVED, that approval of this Amendment is subject to approval by the County
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)
thereof.
AGENDA #6.12
ORIGINATING DEPARTMENT: Highway Department
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Anthony J. Winiecki - 8008

PROJECT: N/A
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-165; Authorizing Entering Into Agreement No.

1026172 With the State of Minnesota Department of Transportation
Designating Portions of County State Aid Highways 2 and 23 as a Trunk
Highway 19 Detour
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
2 Certified Resolutions
Community Services Anthony J. Winiecki
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-165; authorizing entering into Agreement No.
1026172 with the State of Minnesota Department of Transportation (Mn/DOT) designating portions of County
State Aid Highways (CSAH) 2 and 23 as a Trunk Highway (TH) 19 detour.
Mn/DOT is about to perform grading, bituminous surfacing, and Bridge No. 70X03 construction upon, along
and adjacent to TH 19 from 1.8 miles east of TH 13 to 0.3 miles west of Balsa Avenue (Rice County CH 52)
under State Project No. 7013-04.
The State will use the County roads as a detour, providing for reimbursement by the State to the County for the
road life consumed by the detour. Minnesota Statutes Section 161.25 authorizes the Commissioner of
Transportation to designate by order, any public street or highway as an official detour when it is determined
that such detour is necessary for the purpose of constructing or maintaining any trunk highway. Mn/DOT will be
responsible for signing, striping and ordinary maintenance during the life of the detour.
Based on Mn/DOTs detour policy, they will reimburse the County for the road life consumed by the detour in
an estimated amount of $2,763.64, with the maximum obligation of the State not to exceed $25,000. The road
life consumed is determined by the Gas Tax Method which uses the average daily traffic detoured from the
trunk highway, times the number of days the detour is in place, times the length in miles, times a Combined
Tax Factor per mile. County maintenance staff will monitor these road segments throughout the duration of
the detour to ensure road conditions are maintained to the satisfaction of the County. It is anticipated that the
detour will be in place periodically until the aforementioned TH 19 project is complete. The State will provide
advance notice to the County Engineer prior to detour dates.
The Agreement will be effective upon approval by the County Board and execution by the appropriate State
and County officials.
Fiscal Impact:
None

RESOLUTION NO. 2016-165; AUTHORIZING ENTERING INTO AGREEMENT NO. 1026172
WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION DESIGNATING
PORTIONS OF COUNTY STATE AID HIGHWAYS 2 AND 23 AS A TRUNK HIGHWAY 19 DETOUR
WHEREAS, the State of Minnesota Department of Transportation (Mn/DOT) is about to perform
grading, bituminous surfacing, and Bridge No. 70X03 construction upon, along and adjacent to Trunk Highway
(TH) 19 from 1.8 miles east of TH 13 to 0.3 miles west of Balsa Avenue (Rice County CH 52); and
WHEREAS, Minnesota Statutes Section 161.25 authorizes the Commissioner of Transportation to
designate by order, any public street or highway as an official detour when it is determined that such detour is
necessary for the purpose of constructing or maintaining any trunk highway. Mn/DOT will be responsible for
signing, striping and ordinary maintenance during the life of the detour; and
WHEREAS, a detour will be required to carry TH 19 traffic on County roads during the construction;
and
WHEREAS, the County needs to enter into an Agreement with Mn/DOT for compensation for road life
consumed by the use of County State Aid Highway (CSAH) 2 and 23 as an official detour; and
WHEREAS, Mn/DOT has prepared a Detour Agreement with an estimated $2,763.64 payment for road
life consumed with the maximum obligation of the State not to exceed $25,000; and
WHEREAS, the Agreement will be effective upon approval by the County Board and execution by the
appropriate State and County officials.
Minnesota, that the Chairperson of the Board is authorized to enter into an Agreement with Mn/DOT,
designating portions of CSAH 2 and 23 as a Trunk Highway detour.
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 6th day
of September, 2016 now on file in my office, and have found the same to be a true and correct copy thereof.
AGENDA #6.13
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Len Laxen - 8097

PROJECT: CP 27-17, 27-20 & 27-21
ACTION REQUESTED:
TIME REQUESTED: N/A
Adopt Resolution No. 2016-166; Awarding a Contract to Chard Tiling &

Excavating, Inc. for County Highway 27 Intersection Improvement Projects in
the City of Savage
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-166; awarding a Contract to Chard Tiling &
Excavating, Inc. for the County Highway (CH) 27 intersection improvement projects in the City of Savage.
The improvements include three separate, but coordinated, projects along CH 27. County Highway 27
intersection with:
South Park Drive, installing a traffic signal system with Emergency Vehicle Preemption (EVP) system.
County Project (CP) 27-17
150th Street, reconstructing the existing intersection/median to a intersection and removing the stub
street to the east. CP 27-20
157th Street, opening the median in CH 27 to construct a access. CP 27-21
The purpose of these projects is to improve safety, mobility, and capacity on CH 27 at the intersections of
South Park Drive, 150th Street, and 157th Street.
Three bids were received on Tuesday, August 9, 2016:

Chard Tiling & Excavating, Inc.
McNamara Contracting, Inc.
Landwehr Construction, Inc.
$840,982.24
$892,078.03
$980,160.89
The bid of Chard Tiling & Excavating, Inc. was the lowest responsible bid. The Contract amount will be
$840,982.24. The Citys share of construction costs is approximately $444,432. The Countys share of the
project is approximately $396,550.
These projects are included in the 2016-2025 Transportation Improvement Plan (TIP) for construction in 2016
in the amount of $595,500. The low bid exceeded the programmed TIP amount for Scott County portion
budgeted in the TIP by $136,549.82. The 2016 Spot Safety/Right-of Way set-aside balance will be drawn from
to cover this amount.
Fiscal Impact:
None

RESOLUTION NO. 2016-166; AWARDING A CONTRACT TO CHARD TILING & EXCAVATING, INC.
FOR COUNTY HIGHWAY 27 INTERSECTION IMPROVEMENT PROJECTS IN THE CITY OF SAVAGE
WHEREAS, the project is for the improvement of County Highway (CH) 27 at South Park Drive, 150th
Street, and 157th Street intersections; and
WHEREAS, the project will improve the safety, mobility, and capacity on Scott CH 27; and
WHEREAS, three bids were received on August 9, 2016 and the bid of Chard Tiling & Excavating, Inc.,
was the lowest responsible bid; and
WHEREAS, the project is in the approved Scott County Transportation Improvement Program (TIP)
2016-2025.
Minnesota, that the Chairperson of the Board is authorized to enter into a Contract with Chard Tiling &
Excavating, Inc., for the CH 27 Intersection Improvement projects in the contract amount of $840,982.24.
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 )
thereof.
AGENDA #6.14
ORIGINATING DIVISION: Board of Commissioners
ORIGINATING DEPARTMENT:
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Debra Brazil

PROJECT:
ACTION REQUESTED:
TIME REQUESTED:
Approve Youth-at-Large Appointments to the Extension Committee
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
The purpose of this agenda item is to approve youth-at-large appointments to the Extension Committee.
Tyler Schmitt of Commissioner District 1, effective September 6, 2016 August 31, 2017
Madison Deile of Commissioner District 2, effective September 6, 2016 August 31, 2018
Fiscal Impact:
None
AGENDA #6.15
ORIGINATING DEPARTMENT: Property and Customer
Service--Property and
Taxation Services
PRESENTER: Cindy Geis - 8167
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
TIME REQUESTED: N/A
PROJECT:
ACTION REQUESTED:
Adopt Resolution No. 2016-156; Adopting the Payable 2017 Final Levy of
$40,000 for the Cedar Lake Improvement District
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Ellen Paulsen, Taxation Supervisor
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-156, adopting the 2017 final levy of the Cedar
Lake Improvement District.
The Cedar Lake Improvement District (CLID) is requesting the Scott County Board of Commissioners to set
their final levy at $40,000. This levy amount remains constant from 2016. The CLID had adopted a plan that
would improve the overall water quality of Cedar Lake. They partnered with the Scott County Watershed
Management Organization (WMO) and Minnesota Department of Natural Resources to accomplish the goals
of the plan. The plan is estimated to run approximately 10 years. This is year five of the ten year plan.
The plan outlines both long and short term goals for Cedar Lake water quality. The increase in tax revenue will
be used for reducing phosphorus loading and the dominance of Curly Leaf Pondweed, managing the carp
population, and restoring native plants.
Staff requests the Scott County Board of Commissioners to approve the CLIDs request for a 2017 Final Tax
Levy of $40,000.
Fiscal Impact:
Sets the 2017 levy for the Cedar Lake Improvement District

RESOLUTION NO. 201-156; ADOPTING THE PAYABLE 2017 FINAL LEVY OF $40,000 FOR
THE CEDAR LAKE IMPROVEMENT DISTRICT
WHEREAS, the Scott County Board of Commissioners established the Cedar Lake Improvement
District pursuant to Minnesota Statute 378.41 by Resolution No. 81016 as amended by Resolution No. 81039
and Resolution No. 90106; and
WHEREAS, the Scott County Board of Commissioners has confirmed that the final levy of $40,000 as
requested by the District is necessary to carry out programs of special benefit to the area and continue to
implement a comprehensive plan to improve the water quality of Cedar Lake and should be extended and
spread by the County Auditor in accordance with Minnesota Statute 103B.555.
Minnesota, that pursuant to Resolution Nos. 90106, 81016 and Minnesota Statute 275.07, the Cedar Lake
Improvement District final levy shall be $40,000 for taxes payable in 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 )
thereof.
AGENDA #6.16
ORIGINATING DIVISION:
Employee Relations
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Lori Huss
TIME REQUESTED: ---
PROJECT:
ACTION REQUESTED:
Adopt Resolution No. 2016-158; Declaring 4105/Part-Time Deputy Sheriff as

Police Officers for Enrollment in Public Employees Retirement Association
(PERA)
FISCAL:
Finance Review
Budget Change


Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
Luke Hennen, Scott County Sheriff
Jason Muelken, Sheriffs Office
Monica Siegle, Employee Relations
The purpose of this agenda item is to recognize individuals employed in the classification 4105/Part-Time
Deputy Sheriff as 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 statues. They are used as oncall employees in the Sheriffs Office helping to provide law enforcement activities in a number of essential
areas.
PERA rules require an employer to adopt a resolution to certify the employment status of individuals so
classified so they participate in the Police and Fire fund instead of the Coordinated Plan.
Employee Relations, with the full support of the Sheriffs Office, is requesting that Jason Muelken, employed in
the classification of 4105/Part-Time Deputy Sheriff as Police Officer as defined by Minnesota statues, section
353.64, subdivision 2, be enrolled in the PERA Police and Fire fund.
Fiscal Impact: N/A

RESOLUTION NO. 2016-158; DECLARING 4105/PART-TIME

DEPUTY SHERIFF AS POLICE OFFICERS FOR ENROLLMENT
IN PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA)
WHEREAS, participation in the Public Employees Retirement Association (PERA) of Minnesota
Police and Fire fund requires certification of employment status; and
WHEREAS, all individuals currently employed in the 4105/Part-Time Deputy Sheriff classification
are Police Officers as defined by Minnesota statutes and are members of the PERA Police and
Fire fund.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners in and for the
County of Scott, Minnesota, that Jason Muelken, is employed by Scott County in the classification of
4105/Part-Time Deputy Sheriff as Police Officer as defined by Minnesota statutes, section 353.64,
subdivision 2, and shall be enrolled in the PERA Police and Fire fund.
BE IT FURTHER RESOLVED, that employment documentation, including copies of this
resolution, shall be sent by Employee Relations to PERA administration.
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 6th day of September, 2016 now on file in my office, and have found the same to
be a true and correct copy thereof.
AGENDA #6.17
ORIGINATING DIVISION:
Employee Relations
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Monica Siegle

PROJECT: --ACTION REQUESTED:
TIME 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


Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Monica Siegle, Employee Relations
Cara Madsen, Volunteer and Community Coordinator
Date:
1.
Separation of employment for Thomas Busch, FT Corrections Sergeant, Sheriffs Office, effective
08/26/16.
2.
Separation of employment for William Phillips, FT Environmentalist II, Community Services Division,
effective 08/31/16.
3.
Separation of employment for Emmanuel Abu, FT Probationary Corrections Officer, Sheriffs Office,
effective 08-14-16.
4.
Separation of employment for Robert Warmboe, FT Probationary Financial Assistance Specialist,

Health and Human Services Division, effective 08/18/16.
5.
Separation of employment for Chelsea Fogarty, FT Probationary Program Specialist, Community

6.
Separation of employment for Blake Wooten, FT Temporary Survey Assistant-Unclassified,

7.
Separation of employment for Taylor Houn, FT Temporary GIS Technician-Unclassified, Community

8.
Separation of employment for Tyler Kobilarcsik, FT Temporary Program Delivery Seasonal,

9.
Separation of employment for Adam Glisczinski, FT Temporary Program Delivery Seasonal,

10. Separation of employment for Charlie Lannon, FT Temporary Program Delivery Seasonal,
11. Separation of employment for Mitchell Stier, FT Temporary Program Delivery Seasonal, Community
12. Separation of employment for Erik Eichstadt, FT Temporary Program Delivery Seasonal, Community
13. Separation of employment for Hallie Anderson, FT Temporary Office Assistant-Unclassified,
14. Separation of employment for Jessica Phillips, INTR (34% FTE) Library Aide-Unclassified,
15. Separation of employment for Miranda Rosa, INTR (34% FTE) Drug Court Coordinator-Unclassified,
16. FT Probationary employment for Susan Yerhot, Financial Assistance Specialist, Health and Human
17. FT Probationary employment for Mary Kay Stevens, Maternal Child Health Program Coordinator,
18. FT Probationary employment for Carolene Vezies, Social Worker I, Health and Human Services
19. PT Probationary (90% FTE) employment for Brittan Leibl, Public Health Nurse, Health and Human
20. Intermittent (34% FTE) employment for Melissa Rios, DT&H Substitute-Unclassified, Health and
Human Services Division, effective 08/08/16.
21. Intermittent (34% FTE) employment for Jason Muelken, Part Time Deputy-Unclassified, Sheriffs
Office, effective 08/11/16.
22. The recognition of the following individuals as volunteers which will enable them to be covered for
liability insurance purposes in accordance with the insurance contracts currently in force with Scott
County:
Add
Alexandra Grundstrom
Esther Danquah
Diane Strauss
Joyce Specht
Heather Carmichael
Mary Wright
Kalib Martin - Intern
Fiscal Impact: N/A
Delete
Kari Searcy
Esha Kamath
AGENDA #7.1
ORIGINATING DIVISION: Administration
CONSENT AGENDA:
Yes
No
ATTACHMENTS:
Yes
No
PRESENTER: Bill Jaffa, Scott County

CDA
PROJECT:
ACTION REQUESTED:
TIME REQUESTED: 15 minutes
Adopt Resolution No. 2016-159; Approving the 2017 Budget in the Amount
of $11,498,377 and Payable Tax Levy in the Amount of $2,905,279 of the
Scott County Community Development Agency (CDA) and Certifying Same
to the County Auditor
FISCAL:
Finance Review
Budget Change

Approved:
Denied:
Tabled:
Other:
Deputy Clerk :
Date:
The purpose of this agenda item is to adopt Resolution No. 2016-159 approving the 2017 budget in
the amount of $11,498,377 and the 2017 (payable) tax levy in the amount of $2,905,279 of the Scott
County Community Development Agency (CDA). As the governing body of Scott County, the
County Board must approve the levy of the Special Benefit Tax. In addition, the Scott County CDA
has adopted its budget and requests that the Scott County Board approve the same.
Attached are the Scott County CDA Resolution, and the 2016-2017 CDA budget comparison of the
budgeted use of tax levy dollars. The total Scott County CDA levy for 2017 in the amount of
$2,905,279 equates to an increase of 5.8% ($158,000).
Bill Jaffa, the CDA Executive Director, will present this item.
Fiscal Impact: None

RESOLUTION NO.2016-159; APPROVING THE 2017 BUDGET IN THE AMOUNT OF $11,498,377
AND PAYABLE TAX LEVY IN THE AMOUNT OF $2,905,279 OF THE SCOTT COUNTY COMMUNITY
DEVELOPMENT AGENCY (CDA) AND CERTIFYING SAME TO THE COUNTY AUDITOR
WHEREAS, in accordance with Minnesota Statutes, Section 469 .033, Subd. 6 ("Section 469.033"),
and Laws of Minnesota, including Laws of Minnesota for 1974, Chapter 473, as amended (the "Special
Law'') the Scott County Community Development Agency (the "Agency") is authorized to levy special
benefit taxes upon all property within its area of operation; and
WHEREAS, the area of operation of the Agency is the whole of the County of Scott, Minnesota; and
WHEREAS, the Agency has by resolution duly approved and adopted its 2017 budget and levied the
special benefits tax, payable 2017, subject to the approval of the Scott County Board of Commissioners
(the "Scott County Board"); and
WHEREAS, the Agency is authorized to levy its special benefits tax at rates authorized under
Minnesota Statutes, Section 469 .033, with the approval of the Scott County Board.
NOW THEREFORE BE IT RESOLVED by the Scott County Board of Commissioners in and for the
County of Scott, Minnesota, that the Scott County Board hereby authorizes the Agency to levy its special
benefits taxes in an amount sufficient to fund its 2017 budget, subject to the limitation set forth in Minnesota
Statutes, Section 469.033. In addition, subject to the foregoing limit, the Scott County Board approves the
levy by the Agency from time to time of amounts sufficient to satisfy pledges made by the Agency of
proceeds of its special benefit tax levy to pay debt service on bonds issued by the Agency to finance
housing development projects; and
BE IT FURTHER RESOLVED that the Agency's 2017 Budget, said budget being before the
Board, is hereby approved and the Agency is authorized to levy a tax for taxes payable in the year 2017
within its taxing jurisdiction for purposes outlined and authorized by Minnesota Statutes, Section
469 .001 to 469.047 and sections 469.090 to 469 .180, but in no case shall the dollar levy for the Agency
exceed the limits referenced in the preceding paragraph.

BE IT FURTHER RESOLVED that the Agency's levy herein in certified to the County Auditor.
BE IT FlNALLY RESOLVED that a copy of this Resolution shall be furnished to the Agency through
its Executive Director by the County Administrator.
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 )
thereof.

9:6:16 Scott County Board Meeting

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9:6:16 Scott County Board Meeting

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AGENDA

AMENDMENTS TO THE AGENDA

APPROVE MINUTES OF AUGUST 16, 2016 COUNTY BOARD MEETING

MANAGE CHALLENGES AND CREATE OPPORTUNITIES

RECOGNITION OF INTERESTED CITIZENS

Approve Estimate of Just Compensation by a Market Value Appraisal for an Early

CONSENT AGENDA CONTINUED:

Manage Challenges and Create Opportunities Continued:

Develop Strong Public Partnerships

Approve Payroll Processing of Personnel Actions (No fiscal impact)

DEVELOP STRONG PUBLIC PARTNERSHIPS

COMMITTEE REPORTS AND COMMISSIONER UPDATES

COUNTY ADMINISTRATOR UPDATE

RECESS FOR ATTORNEY/CLIENT MEETING

No County Board Meeting

(3) Guests Present:

(13) County Administrator Update:

PRESENTER: Marty Schmitz (8349)

Risk Management Review

Provide a Supportive Organizational Culture

Assure Long Term Fiscal Stability

DEPARTMENT/DIVISION HEAD SIGNATURE:

COUNTY ADMINISTRATOR SIGNATURE:

Photo of the Intersection at TH 169 & 173 Street

MPCA Action since the Public Hearing:

PRESENTER: Lisa Schickedanz - 8892

TIME REQUESTED: N/A

Risk Management Review

Provide a Supportive Organizational Culture

Assure Long Term Fiscal Stability

DEPARTMENT/DIVISION HEAD SIGNATURE:

COUNTY ADMINISTRATOR SIGNATURE:

SCOTT COUNTY, MINNESOTA

And noting that:

PRESENTER: Barb Dahl, Social Services

TIME REQUESTED: N/A

Approve an Amendment to the Comprehensive Training Program Grant GRK

Risk Management Review

Provide a Supportive Organizational Culture

Assure Long Term Fiscal Stability

DEPARTMENT/DIVISION HEAD SIGNATURE:

COUNTY ADMINISTRATOR SIGNATURE:

PRESENTER: Randy Ronning (X-8364)

TIME REQUESTED: N/A

Approve Estimate of Just Compensation by a Market Value Appraisal for an

Risk Management Review

Provide a Supportive Organizational Culture

Assure Long Term Fiscal Stability

DEPARTMENT/DIVISION HEAD SIGNATURE:

COUNTY ADMINISTRATOR SIGNATURE:

PRESENTER: Randy Ronning (X-8364)

TIME REQUESTED: N/A

Approve Estimate of Just Compensation by a Market Value Appraisal for New

Risk Management Review

Provide a Supportive Organizational Culture

Assure Long Term Fiscal Stability

DEPARTMENT/DIVISION HEAD SIGNATURE:

COUNTY ADMINISTRATOR SIGNATURE:

TIME REQUESTED: N/A

Risk Management Review

Provide a Supportive Organizational Culture

DEPARTMENT/DIVISION HEAD SIGNATURE:

COUNTY ADMINISTRATOR SIGNATURE:

BOARD OF COUNTY COMMISSIONERS