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Dakota County Board, April 21, 2009

Friday, May 15, 2009 - 2:54pm

Summary of Proceedings

Dakota County Board of Commissioners

April 21, 2009

The Dakota County Board of Commissioners met at 9:02 a.m. on Tuesday, April 21, 2009, in the Boardroom, Administration Center, Hastings, Minnesota. All County Board members were present. The minutes of the County Board meeting, held April 7, 2009, were approved as presented and entered in Commissioners' Record MM.

Chair Gaylord asked if there was anyone in the audience who wished to address the County Board on an item not scheduled on the agenda or on any item on the consent agenda. The following individuals appeared: Kurt Sczepanski, concerns with service provided by the Dakota County Veterans Service Officer; Jeanne Nielsen, Item 6.17 - Proclamation Of Mental Health Month, May 2009; Items 12.1 and 12.2 - Imposition Of Civil Penalty For Violation Pursuant To Section 24 Of Dakota County Ordinance 101 Regulating The Licensing And Sale Of Non-Intoxicating Malt Liquor (On Sale And Off Sale) And Intoxicating Liquor (On Sale And Off Sale): Dan Raskob, Bellwood Oaks, Inc. and Alby Cylkowski, Cannon Golf Club, Inc.


The following revision was made to the agenda: Added to the consent agenda Item 9.3 - Authorization To Sign Letter Of Support For West St. Paul Grant Application For Thompson Park Lake Project.


Authorized submission of a grant application to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Competitive grant program for crime victim services.

Authorized execution of an agreement with Lexis for Electronic Legal Research Resource for the County Attorney's Office staff to efficiently manage cases and provide legal advice for the County.


Community Corrections:

Proclaimed April 26 to May 2, 2009 as Crime Victims' Rights Week and honored crime victims and those who serve them during that week and throughout the year.

Social Services:

Authorized execution of a contract with Nystrom & Associates, Ltd. for chemical dependency treatment services.

Authorized submission of a substantial amendment to the County's Consolidated Plan 2008 Action Plan to the U.S. Department of Housing and Urban Development (HUD) for Homeless Prevention and Rapid Re-Housing program funding. Approved a twelve-day public notice comment period on the proposed Substantial Amendment to this Plan published in the official County newspaper on April 10, 2009.

Jeanne Nielsen addressed the Board regarding Item 6.17 - Proclamation Of Mental Health Month, May 2009 and discussed activities planned by the Dakota County Adult Mental Health Local Advisory Council for Mental Health Month. Proclaimed the following in Dakota County and urged all citizens to recognize providers and citizens involved: 1) Week of May 3-9, 2009, as Week of the Family Child Care Provider in honor of its many licensed family child care providers; and 2) Month of May 2009 to be observed as Foster Care and Mental Health Month.

Authorized execution of an agreement with Medica Health Plans to implement the Preferred Integrated Network demonstration project and amended the 2009 Social Services and Public Health budgets.


Information Technology:

Authorized purchasing telecommunications equipment and software upgrades from Collins Communications.

Office of Planning And Analysis:

Recommended that the Public Utilities Commission reopen the record for the Certificate of Need for the CAPX2020 Transmission Line Project based upon changes to current and future electric needs, to assure the proposed lines are needed.



Director of Community Revitalization Dan Rogness, Dakota County Community Development Agency (CDA), introduced Item 13.1 - Scheduling Public Hearing To Receive Comments On Dakota County's Federal Fiscal Year 2009 One Year Action Plan For Community Development Block Grant and Home Investment Partnerships Program. Mr. Rogness also provided information on American Recovery and Reinvestment Act programs that the CDA may have opportunities to apply for in the near future. Scheduled a public hearing for May 5, 2009, at 9 a.m. in the Boardroom, Administration Center, Hastings, MN to receive comments on the Federal Fiscal Year 2009 One-Year Action Plan. Authorized and directed CDA staff to publish this notice in the Rosemount Town Pages.

Environmental Management:

Authorized pursuing the acceptance of proposals to the Legislative-Citizen Commission on Minnesota Resources for specified projects. Staff is to report back to the Physical Development Committee of the Whole on the progress in securing funds for Dakota County projects through this Commission.

Authorized execution of an amendment of the current host fee agreement with SKB Environmental, Inc. to include language that will exempt SKB from host fee payments on industrial wastes processed in accordance with the requirements of Minn. Stat. §115A.919.


Authorized execution of Amendment No. 1 to Grant Number B18074 with the Minnesota Department of Natural Resources (DNR) to provide additional funding for implementing the Vermillion River Corridor Acquisition and Restoration project as specified in the amended work program. Amended the 2009 Parks and Open Space budget.

Authorized execution of a Joint Powers Agreement with Mendota Heights to expend funds to complete a Feasibility Study for pedestrian and bicyclist crossing improvements at the Highway 110/149 intersection, which includes design interests of the North Urban Regional Trail and greenway connection to Lebanon Hills Regional Park (LHRP).

Ratified the application and execution of the Federal Recreation Transportation Grant Agreement if offered to Dakota County for LHRP. Committed to maintaining grant improvements for a period of 20 years.

Authorized signing a letter of support for the West St. Paul grant application to the Minnesota Pollution Control Agency for Clean Water Revolving Fund grant for remediation and restoration around Thompson Lake.


Awarded the bid to and authorized execution of the contract with Valley Paving, Inc. for pavement preservation projects and miscellaneous related work based on their low bid, and amended the 2009 Transportation Capital Improvement Program (CIP) budget.

Approved the settlement amount and authorized payment from the Transportation CIP to the property owner for the acquisition of Parcel 4 on County Project 30-09 located in Eagan for a full and final settlement.

Water Resources Office:

Authorized submission of a Dam Safety Grant application to the Minnesota Department of Natural Resources (DNR) for grant dollars to off-set the costs associated with physical upgrades to Byllesby Dam and act as legal sponsor for the project described in the DNR Dam Safety Program grant application, contingent upon the Goodhue County Board of Commissioners resolution authorizing the same.

Authorized execution of a joint powers agreement with the Vermillion River Watershed Joint Powers (VRWJP) Board through which the VRWJP Organization will provide funding assistance for specified studies and programs. Amended the 2009 Water Resources Department Budget.



Approved the 2009 Dakota County Emergency Response Plan and authorized signing the Verification of Plan Approval.

Received an update on the application for Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation.



Deputy Public Services and Revenue Director Jean Erickson introduced Items 12.1 - 12.3 - Imposition Of Civil Penalty For Violation Pursuant To Section 24 Of Dakota County Ordinance 101 Regulating The Licensing And Sale Of Non-Intoxicating Malt Liquor (On Sale And Off Sale) And Intoxicating Liquor (On Sale And Off Sale) by several businesses. Ms. Erickson reviewed the procedures outlined in County Ordinance 101 in relation to violation of the ordinance by these businesses. The licensees were afforded an opportunity to address the Board. The following individuals appeared and addressed the Board regarding their business: 1) Dan Raskob, General Manager, Bellwood Oaks, Inc.; 2) Alby Cylkowski, President, Cannon Golf Club, Inc.; and 3) Castle Rock Bar and Grill, no one appeared. Concluded that these three businesses violated Ordinance 101, Section 23 and as a result imposed a civil penalty for all three of them. Directed these businesses to pay the civil penalty within 10 days of receipt.


Authorized signing the Third Amended and Restated Agreement Creating the Metropolitan Library Service Agency for and on behalf of the Dakota County Board.

Proclaimed May 1, 2009, as Law Day in Dakota County, to use this occasion to celebrate and recognize our liberty and this nation's rule of law.

Property Taxation And Records:

Approved the following applications for licenses to sell 3.2% malt beverages and authorized issuing licenses upon payment of the proper fees: Castle Rock Township - Dakota County Agricultural Society dba Dakota County Fair and MN Scottish Fair & Highland Games (held at Fairgrounds), Jeffrey MacDonald c/o Bottoms Up Bike Fest, Rotary Club of Farmington, CEEF Enhancement Group; Marshan Township - Bellwood Oaks, Inc.; Vermillion Township - USW Local 662; and Randolph Township - Woody's Pump N Munch, Inc.

Approved applications for Assemblage of Large Numbers of People license and authorized issuing licenses upon payment of the proper fees: 1) Jeffrey MacDonald for the Bottoms Up Bike Fest to be held July 17-29, 2009; 2) Midwest Mopars, Inc. for the car show, swap meet and craft show to be held May 30-31, 2009; 3) Minnesota Scottish Fair & Highland Games for the event to be held May 9, 2009; and 4) Minnesota Storm Soccer Club, Inc. for the soccer tournament to be held May 23-24, 2009.

Approved the following plat, having been approved by the respective City Council, and submitted it for recording: Heritage Commons 4th Addition, Lakeville.



Approved the settlement agreement for Parcels 12(311) and Parcel 32(311), County Project 42-91, and authorized final payment of the settlements amounts and filing necessary court documents to effectuate final settlements.

The County Administrator's Report followed, which included an update on Homeland Security Grant Funding and Public Safety Improvement Projects presented by Risk and Homeland Security Manager B.J. Battig.

County Board:

Authorized signing a letter to the legislative delegation and the authors of the legislation expressing strong opposition to the provisions of House File 2020 that authorize counties to levy a one-half cent sales tax, subject to a reverse referendum, and provide for a reduction in County Program Aid.

During the Legislative Update, authorized signing a letter to the legislative delegation and the authors of the legislation expressing opposition to provisions House File 2076 that change the manner in which human service maintenance of efforts (MOEs) are financed.

During inter-agency announcements and reports, authorized signing a letter to the congressional delegation in support of reauthorization of the Workforce Investment Act (WIA) in order to create job stimulus.

Financial Services:

Authorized the carryover of Dakota County spending authority from 2008 to 2009 for specified projects.

Received the Report On Invoices Paid in March 2009.

The County Board meeting was adjourned at 11:20 a.m.

The next regular Dakota County Board meeting will be held May 5, 2009, at 9:00 a.m.