MN - Carver: County Board of Commissioners

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County Board of Commissioners

Carver County Board of Commissioners April 16, 2019

Regular Session County Board Room

Carver County Government Center Human Services Building

Tagged Passions:services

Chaska, Minnesota

PAGE

REGULAR SESSION

4:00 p.m. 1. a) CONVENE b) Pledge of allegiance c) Public comments - Anyone wishing to address the Board of Commissioners on an item not on the

agenda may come forward at this time. Please limit your comments to five minutes.

2. Agenda review and adoption

3. Approve minutes of April 2, 2019, Regular Session ........................................... 1-6

4. Community Announcements

4:05 p.m. 5. CONSENT AGENDA

Growth: Manage the challenges and opportunities resulting from growth and development 5.1 Joint Powers Agreement with MnDOT for the Arboretum Area

Transportation Plan ..................................................................................... 7 5.2 Temporary Construction Easement Extensions Related to the Highway 51
Tagged Passions:construction, development, transportation, Development, easement, and growth

Bridge Project 148740 ......................................................................... 8-11 5.3 Settlement Agreement with Property Owners

for the Highway 41 Project -
Tagged Passions:property and settlement

Jonathan Area ...................................................................................... 12-15

Communities: Create and maintain safe, healthy and livable communities 5.4 Sheriff's Office Costs Related to the Chanhassen Water Tower Re-Painting

Tagged Passions:arts, utility, Utility, public safety, cell tower, Cell tower, and water

Project .................................................................................................. 16-17 5.5 Professional Services Agreement

with Minnetonka Aquatics .................. 18 5.6 Waconia Lions Opioid Donation .......................................................... 19-20 5.7 Creation of new 0.6 FTE LPN to assist with Psychiatry Services at First Street Center ........................................................................................ 21-22
Tagged Passions:streets, donation, Donation, services, and opioid abuse

Connections: Develop strong public partnerships and connect people to services 5.8 Charitable Gambling Application for Exempt Permit-Zoar United

Church of
Tagged Passions:gambling, services, and church

Christ ......................................................................................................... 23 5.9 Professional Services

Agreement with Creature Works, Inc for Parks
Tagged Passions:services and parks

Recreation Marketing ................................................................................ 24 5.10 Tobacco License for Manjal Traders LLC

dba Idly Dosai International Market ....................................................................................................... 25 5.11 Application for a 1 Day to 4 Day Temporary On-Sale Liquor License for St. Peter Lutheran Church, Watertown..................................................... 26 5.12 Encore Adult Day Services - Donation Received ..................................... 27
Tagged Passions:alcohol, market, sale, donation, Donation, services, church, license, tobacco, and recreation

Culture: Provide organizational culture fostering accountability to achieve goal and sustain trust/confidence in County government 5.13 Approval of

the Teamsters Detention Deputies / 911 Dispatchers / TAC Officer 2019 2020 Collective Bargaining Agreement ............................ 28
Tagged Passions:911, union, accountability, and detention

Finances: Improve the County s financial health and economic profile

Tagged Passions:health and finance

5.14 Abatements/Additions .......................................................................... 29-30 5.15 Review/Social/Commissioners Warrants

........................................ NO ATT
Tagged Passions:public safety and abatement

4:05 p.m. 6. COMMUNITIES: Create and maintain safe, healthy and livable communities 6.1 Recognition of St. John's Lutheran School Girls Basketball

Team ..... 31-32 6.2 Sheriff's Office Recognition Proclamations ......................................... 33-38
Tagged Passions:recognition, public safety, and education

4:20 p.m. RECESS AS COUNTY BOARD AND CONVENE AS CARVER COUNTY BOARD OF HEALTH

Tagged Passions:health

6.3 Semi-Annual Report to the Carver County Board of Health ..................... 39

Tagged Passions:health

4:45 p.m. ADJOURN AS BOARD OF HEALTH AND RECONVENE AS COUNTY BOARD

Tagged Passions:health

6.4 Public Hearing - Carver County Illicit Stormwater Discharge and Connection Ordinance

......................................................................... 40-42 6.5 2019 SSTS Direct Discharge Program ................................................ 43-48
Tagged Passions:ordinance, program, hearing, and stormwater

5:10 p.m. 7. GROWTH: Manage the challenges and opportunities resulting from growth and development 7.1 Request to Release DRAFT CCWMO Water

Management Plan Update for comment ......................................................................................... 49-58
Tagged Passions:utility, development, Utility, water, Development, and growth

5:35 p.m. ADJOURN REGULAR SESSION

5:35 p.m. BOARD REPORTS

1. Chair 2. Board Members 3. Administrator 4. Adjourn

Tagged Passions:administrator

David Hemze

County Administrator

Tagged Passions:administrator

UPCOMING MEETINGS

April 23, 2019 9:00 a.m. Board Work Session April 30, 2019 No Board Meeting May 7, 2019 9:00 a.m. Board Meeting

UPCOMING MEETINGS

REGULAR SESSION April 2, 2019

A Regular Session of the Carver County Board of Commissioners was held in the County

Government Center, Chaska, on April 2, 2019. Chair Randy Maluchnik convened the session at

9:02 a.m.

Members present: Randy Maluchnik, Chair, James Ische, Vice Chair, Gayle Degler, Tim Lynch and

Tom Workman.

Members absent: None.

Under public participation, Karen Johnson Leuthner, 15735 38 th

Street, Mayer, stated she did not

Tagged Passions:streets

represent any elected officials and was a relevant public watchdog. She stated she had the facts and

evidence and has been raising tower issues for 20 years. She submitted 47 pages of information from

Tagged Passions:cell tower and Cell tower

1997 to 2008 for the public record. She stated this provided evidence of what occurred and how

different decisions could have been made. She pointed out the initial plan to build the radio tower

Tagged Passions:radio, cell tower, and Cell tower

that was later changed. Johnson Leuthner believed the County could have stopped the plan to build

the tower and the CUP was out of control. She questioned why funds were given to Hollywood

Tagged Passions:funding, cell tower, and Cell tower

Township and transferred to the County.

Chair Maluchnik requested that Ms. Johnson Leuthner submit a request in writing as to what exactly

she would like the County to do and bring it to the next meeting.

The following amendments were made to the agenda:

Delete A. Tour with Metropolitan Council Representatives

Tagged Passions:council

Degler moved, Lynch seconded, to approve the agenda as amended. Motion carried unanimously.

Workman moved, Ische seconded, to approve the minutes of the March 19, 2019, Regular Session.

Motion carried unanimously.

Ische moved, Workman seconded, to approve the following consent agenda items:

Professional services agreement with Bolton and Menk Inc., for 52,500 for a storm water study and

Tagged Passions:utility, Utility, services, water, and stormwater

implementation plan along Jonathan Carver Parkway, pending finalization of the contract review

Tagged Passions:contract

process.

Resolution 19-19, Authorizing Settlement of Compensation to Owners for Acquisition of Real

Tagged Passions:compensation and settlement

Property Interests Needed for Highway 41/18 Project 128637.

Tagged Passions:property

Awarded contract to Henry G. Meigs LLC in the amount of 435,157 for bituminous seal coat

Tagged Passions:contract

materials, pending completion of the contract review process.

Tagged Passions:contract and materials

Authorized Public Works Parks staff to submit grant amendments for SG-05319 and SG-05320

Tagged Passions:grant, parks, Public Works, and public works

allocating unspent balances to the TH 5 Regional Trail Arboretum Connection project and extend the

Tagged Passions:trails

1

REGULAR SESSION April 2, 2019

grant periods to December 31, 2020.

Tagged Passions:grant

Approved LRDG agreement with the Minnesota Pollution Control Agency and delegate the Interim

Assistant County Administrator the authority to sign the agreement in the State s SWIFT portal and

Tagged Passions:administrator

related Environmental Services budget amendment.

Tagged Passions:budget, services, and environment

Approved the annual renewal of the consumption and display permit for Marsh Lake Hunting

Tagged Passions:hunting

Preserve, Inc.

Resolution 20-19, Support for the University of Minnesota s proposal to the University

Tagged Passions:university

Transportation Center Solicitation for a National Center on Infrastructure.

Tagged Passions:transportation and solicitation

Approved issuing a special event use permit to the Waconia Area Hockey Association for the April

Tagged Passions:events

27, 2019 fundraiser event upon receipt of satisfactory certificates of insurance and executed facility

Tagged Passions:facility, events, and insurance

rental procedure.

Tagged Passions:procedure and rental

Approved out of state travel for First Assistant County Attorney to attend the NADCP Annual

Tagged Passions:legal and travel

Conference in Maryland from July 13-17, 2019.

Resolution 21-19, Authorizing Execution of Agreement and Grant agreement and related Sheriff s

Tagged Passions:grant and public safety

budget amendment.

Tagged Passions:budget

Approved the following abatements:

Tagged Passions:abatement

20.0501540 Jennifer P Hansen Todd M Elbert

30.1100030 Thomas J Hentz Megan N Fahey

85.3530040 Shane M Lynch

50.1270330 Kimberli Sik

65.3860070 Ryan Zawchyn Janine Sawchyn

75.4460060 Karin I Vaughn William R Vaughn

30.0502240 Mark Tanner Rutledge

75.0522200 Derek Veldhuisen Nicole Veldhuis

30.3460290 Whitney Ann Walz

30.0710220 Michael D Sallie E Montgomery

58.0501390 Dalton J Reed

02.0110900 Michael Kelzer Cheryl M Kelzer

05.0111100 Luke W Bristlin

09.0090400 Michael Kelzer Cheryl M Kelzer

25.7551160 Dale A Beth D Larson

65.5550100 Jeanne Anderson

75.2740510 Terrance L Thompson Jr

65.3181090 Robert J Denio Brenda L Denio

25.4080170 Ryan David Olson Stacey Ann Olson

10.0172000 Sandra M Jones

2

REGULAR SESSION April 2, 2019

10.0172010 Jennifer L Heinrich

10.0172020 Sandra Jones Jennifer Heinrich

Reviewed March 26, 2019, Community Social Services actions/Commissioners' warrants in the

Tagged Passions:social services, public safety, and services

amount of 447,098.07 and reviewed April 2, 2019, Community Social Services

Tagged Passions:social services and services

actions/Commissioners' warrants in the amount of 195,973.33.

Tagged Passions:public safety

Motion carried unanimously.

Andrew Dickhart, AIS Coordinator, requested the Board approve the 2019 AIS program. He

Tagged Passions:program

summarized the proposed changes. He indicated lower priority lakes would not receive dedicated

inspections in 2019 and those funds would be shifted to early detection monitoring. He highlighted a

Tagged Passions:funding

map of lakes with proposed changes. He indicated the changes were in response to a reduction in

funding from Minnehaha Creek, stating the Watershed District was taking a different approach. He

Tagged Passions:funding and watershed

explained the County responded to this reduction in the past using one time rollover funds and

Tagged Passions:funding

reducing inspection hours. He stated the issue this year is they do not have adequate rollover funds

Tagged Passions:funding

to fill that gap. He explained the lake associations have committed to help and contribute the funds.

Tagged Passions:funding

He noted the viability of the lake associations to maintain that funding beyond 2019 and explained

Tagged Passions:funding

two options for the Board s consideration. Dickhart compared funding sources and expenditures for

Tagged Passions:funding

2018 and 2019.

Richard Berland, 6900 Minnewasta Parkway, stated it was time to address the fairness of having the

lake associations contributing funds. He asked the Board to find a fair way to fund the needs at Lake

Tagged Passions:funding

Minnewashta and Pierson Lake as everyone who uses the lake benefits. He noted the contributions

the lake association has made in the past and believed those living on the lake are the least likely to

spread the problem as their boats go no where else. He indicated they would like to see the idea of

Tagged Passions:boating

putting a surcharge on when boats are entering the lakes and spreading the cost of inspections across

Tagged Passions:boating

all those who benefit. Berland stated they are asking the Board to approve option two rather than

having the lake association contribute the funds.

Tagged Passions:funding

Kevin Zahler, 6651 Minnewashta Parkway, stated they all have a vested interest in lakes and the lake

association has committed to help with inspections at Lake Minnewashta. He stated this contribution

of money will put their finances in a deficit and pointed out their AIS prevention efforts. He

Tagged Passions:finance

indicated he attended the Minnehaha Creek Watershed Board meeting and that Board had a

Tagged Passions:watershed

systematic plan to reduce funds for this purpose. He stressed they all benefit by the lakes and they

Tagged Passions:funding

need to work together. He pointed out this was a continuing problem, that next year they wouldn t

have the funds and they needed to have a plan before next year.

Tagged Passions:funding

Dickhart acknowledged they needed to respond to funding decreases and they would like to have a

Tagged Passions:funding

three to five year plan for the future. He pointed out they do meet with stakeholder groups and

receive input from them but the challenge from year to year has been not knowing future funding.

Tagged Passions:funding

David Hemze, Administrator, stated the goal was to keep 2019 inspections relatively the same but

Tagged Passions:administrator

with partners scaling back, additional dollars from the County or the lake associations were needed.

3

REGULAR SESSION April 2, 2019

Kurt Zuppke, 6925 Abbywood Lane, explained they didn t want to go backwards with AIS

inspections and homeowners are the first line of defense as they are there all the time. He pointed

out private funds being used on public lakes and the need to work out a solution for the different

Tagged Passions:funding

lakes.

Anna Brown, Minnehaha Creek Watershed District, pointed out the strategic shift the District went

Tagged Passions:strategic and watershed

through that resulted in reduced funding. She indicated the District refocused programming on high

Tagged Passions:funding

impact capital projects. She noted they have been ramping down AIS prevention funding since 2016

Tagged Passions:funding, capital spending, and Capital Spending

as they have been focusing on carp management and other high impact AIS species with known

management techniques. She indicated these decisions have been made through their normal

budgeting process and they have heard the desire to have more long term predictable funding.

Tagged Passions:funding and budget

Dickhart identified the lakes in the County infested with zebra mussels to date. He confirmed the

goal was to keep the inspections the same with both options.

The Board acknowledged the importance of partnerships in the past to deal with AIS inspections.

They also recognized the County s AIS funding over the last several years, if the County was losing

Tagged Passions:funding and recognition

ground, the landings in the County controlled by different organizations, the potential for other

evasive species to spread in the future, the fairness issue and the need for long term planning.

Tagged Passions:planning

The Board questioned if they had the authority to put entrance fees on public waters to make this

Tagged Passions:utility, Utility, and water

program viable. Mark Metz, County Attorney, stated he would have to research to determine if that

Tagged Passions:legal and program

was legal.

Tagged Passions:legal

Workman moved, Maluchnik seconded, to approve option 2 for the 2019 AIS program, budget,

Tagged Passions:budget and program

budget amendment and authorize the Chair to sign the agreements with the City of Chanhassen and

Tagged Passions:budget

MCWD pending completion of the contract review process. Maluchnik, Workman voted aye.

Tagged Passions:contract

Degler, Ische, Lynch voted nay. Motion failed.

Degler moved, Ische seconded, to approve option 1 for the 2019 AIS program, budget, budget

Tagged Passions:budget and program

amendment and authorize the Chair to sign the agreements with the City of Chanhassen and MCWD

pending completion of the contract review process. Degler, Ische, Lynch, Maluchnik voted aye.

Tagged Passions:contract

Workman voted nay. Motion carried.

The Chair directed that planning for 2020 be looked at now.

Tagged Passions:planning

Mark Metz, County Attorney, requested the Board adopt a Resolution for a Drug Court Program for

Tagged Passions:drugs, legal, program, and court

the County. He explained they would be applying for a grant to start the program and they needed

Tagged Passions:grant and program

the Board s support.

Dave Hunt, Assistant County Attorney, explained the program was similar to the successful

Tagged Passions:legal and program

Veteran s Court and is a shift in how offenders are handled. He pointed out there was frequent

Tagged Passions:legal and court

testing and Court appearances to make sure offenders are complying with treatment protocol. He

Tagged Passions:legal and court

4

REGULAR SESSION April 2, 2019

stated treatment includes both substance abuse and mental health. Hunt indicated the successes

Tagged Passions:health and mental health

outweigh the failures and failures are sent back through the normal Court process.

Tagged Passions:legal and court

He stated they had a team that was dedicated to this and, as part of the grant, they pledge a 25 in

Tagged Passions:grant

kind salary match. He indicated each offender would have a treatment plan. He acknowledged at

some point they would be asking for some financial support but they wanted to show it works first.

Tagged Passions:finance

Hunt recognized there were some risks but they will screen candidates and use assessment tools. He

Tagged Passions:recognition and risk

pointed out the financial savings with less individuals incarcerated. He indicated if they received the

Tagged Passions:finance

grant the program would begin January 2020.

Tagged Passions:grant and program

Workman offered the following Resolution, seconded by Ische:

Resolution 22-19

Support for the Carver County Drug Court

Tagged Passions:drugs, legal, and court

On vote taken, all voted aye.

Dave Hemze, County Administrator, clarified the Sheriff s proclamations scheduled for today would

Tagged Passions:recognition, public safety, and administrator

be moved to a future agenda.

Jason Mielke, Land Management, requested the Board adopt a Resolution approving the designation

of a parcel as an agricultural preserve. He indicated the applicant owned 20.6 acre property in

Tagged Passions:agriculture and property

Hancock Township that was part of a family farm enrolled in the ag preserve program since 1986.

Tagged Passions:agriculture and program

He explained the Board adopted standards for the approval of ag parcels for parcels of 20 to 40 acres.

Tagged Passions:property

He indicated the parcel exceeds the standards to be allowed for entry into the program and the parcel

Tagged Passions:program and property

was considered an essential part of the ag region.

Ische clarified he would be abstaining as the applicant was a family member.

Degler offered the following Resolution, seconded by Lynch:

Resolution 23-19

Approving the Designation of a Parcel as an Agricultural Preserve

Tagged Passions:agriculture and property

On vote taken, Degler, Lynch, Maluchnik, Workman voted aye. Ische abstained.

Lyndon Robjent, Public Works, requested the Board approve a Resolution for transportation funding.

Tagged Passions:funding, transportation, Public Works, and public works

He explained AMC was asking counties to consider a Resolution to provide adequate funding for a

Tagged Passions:funding

statewide transportation system.

Tagged Passions:transportation

He reviewed background on State transportation funding and how it affects Carver County. He

Tagged Passions:funding and transportation

noted the highway tax distribution fund was made up of several sources and reviewed the

Tagged Passions:taxes and Taxes

breakdown. He pointed out the 2019 CIP budget and reviewed additional revenue options being

Tagged Passions:budget, capital spending, and Capital Spending

considered by the legislature. Robjent highlighted improvements to State roads over the next five

Tagged Passions:streets

5

REGULAR SESSION April 2, 2019

years and State funding shortfalls. He reviewed MnDOT candidate projects that could be funded

Tagged Passions:funding

with increased revenue and confirmed 212 was on that list.

Chair Maluchnik clarified AMC was encouraging Counties to pass this Resolution for adequate

Statewide transportation system funding but there was nothing in the Resolution that supported a gas

Tagged Passions:funding and transportation

tax or any other funding method.

Tagged Passions:funding, taxes, and Taxes

Ische offered the following Resolution, seconded by Degler:

Resolution 24-19

Resolution to Encourage the Minnesota Legislature and Governor to Pass a Bill

To Provide Adequate Funding for Minnesota s Statewide Transportation System

Tagged Passions:funding and transportation

On vote taken, Degler, Ische, Lynch Maluchnik voted aye. Workman voted nay.

Degler moved, Lynch seconded, to adjourn the Regular Session at 11:15 a.m. Motion carried

unanimously.

David Hemze

County Administrator

Tagged Passions:administrator

(These proceedings contain summaries of resolutions/claims reviewed. The full text of the

resolutions and claims reviewed are available for public inspection in the office of the county

administrator.)

Tagged Passions:administrator

6

Carver County Board of Commissioners Request for Board Action

Agenda Item:

Primary Originating Division/Dept: Public Works Program Delivery Meeting Date:

Tagged Passions:program, Public Works, and public works

Contact: Title: Item Type: Consent

Amount of Time Requested: minutes Presenter: Title:

Attachments: Yes No

Strategic Initiative: Growth: Manage the challenges and opportunities resulting from growth and development

Tagged Passions:strategic, development, Development, and growth

BACKGROUND/JUSTIFICATION:

ACTION REQUESTED:

FISCAL IMPACT: Included in current budget If Other , specify:

Tagged Passions:budget

FTE IMPACT: None

FUNDING County Dollars =

Tagged Passions:funding

Total

Insert additional funding source Related Financial/FTE Comments:

Tagged Passions:funding and finance

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