OFFICIAL PROCEEDINGS OF THE COUNTY BOARD WASHINGTON COUNTY, MINNESOTA May 9, 2017

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1 129 OFFICIAL PROCEEDINGS OF THE COUNTY BOARD WASHINGTON COUNTY, MINNESOTA WASHINGTON COUNTY BOARD OF COMMISSIONERS CONVENES The Washington County Board of Commissioners met in regular session at 9:00 a.m. in the Washington County Government Center, County Board Room. Present were Commissioners Bigham, Kriesel, Miron Weik, and Karwoski. Board Chair Weik presided. Also present were Molly O Rourke, County Administrator; George Kuprian, County Attorney Division Chief; Becky Sells, Board Clerk; county residents; media; outside agencies; and county staff. The Board recited the Pledge of Allegiance. CANCELLATION OF EXECUTIVE CLOSED SESSION WITH PUBLIC WORKS Commissioner Miron moved to approve the amendment to the agenda to cancel the executive closed session with Public Works in regards to an appraisal of property, due to the passing of the property owner over the weekend. Commissioner Bigham seconded the motion and it was adopted unanimously. COMMENTS FROM THE PUBLIC The Board Chair asked for comments from the public. There were twenty-two public comments from the City of Forest Lake, all of whom spoke in support of the Forest Lake Police Department, and in opposition to the City of Forest Lake disbanding the Forest Lake Police Department and contracting police services to Washington County. For full comments see archived web streaming of the board meeting at under County Board. The following citizens provided comments: Tim Garry, Forest Lake Russ Peterson, Forest Lake Sam Husnik, City Council Member of Forest Lake Amanda Kurz, Forest Lake Allis Schauls, Forest Lake Miranda Oliver, Forest Lake Jim DuFour, Forest Lake Adam Grobove III, Forest Lake Kris Martin, Forest Lake Kathy Garry, Forest Lake Mark Finnemann, Forest Lake John Bodine, Forest Lake Connie Bengston Grobove, Forest Lake Steve Thomas, Forest Lake

2 130 Sean Thomas, Forest Lake Susan Young, Forest Lake Matt Arntzen, Forest Lake Rena Benedict, Forest Lake Bob Kroll, Hugo Pat Jergens, Forest Lake Scott Halvorson, Forest Lake Minnesota Senator Karin Housley, St. Mary s Point CONSENT CALENDAR Commissioner Bigham moved, seconded by Commissioner Kriesel, to adopt the following Consent Calendar. 1. Approval of April 18, 2017, County Board Meeting Minutes. 2. Approval of Resolution No as follows: AMENDED 2017 SALARY FOR THE COUNTY SHERIFF DANIEL STARRY WHEREAS, Minnesota Statute requires the County Board of Commissioners to set by resolution the salary of the County Sheriff. NOW, THEREFORE BE IT RESOLVED, that the 2017 annual salary rate for the Washington County Sheriff shall be as follows, effective May 1, 2017: Sheriff: $149,393 AND WHEREAS,historically, Washington County has set the salary rate for the Chief Deputy position at a predetermined percentage of the Sheriff s salary rate; and, WHEREAS, the current practice is not reflective of individual experience and/or market rate considerations; and, WHEREAS, pay decisions for the Chief Deputy position are more appropriately administered under the County s Personnel Rules and Regulations, Section #5, Compensation Plan ; NOW, THEREFORE BE IT RESOLVED, that the Washington County Board of Commissioners agrees to delegte the setting of the Chief Deputy s salary to the process described in the County s Personnel Rules and Regulations, Section #5. 3. Approval of application for renewal of an On Sale and Sunday Liquor and Taxpayer Services License for Cenco Farms Inc., Afton Apple Orchard at S. 90th Street, Hastings, located in Denmark Township.

3 Approval of agreement for Final Land Transfer, Replacement and Financial Satisfaction within Cottage Grove Ravine Regional Park between the City of Cottage Grove and Washington County. 5. Approval of Resolution No as follows: RESOLUTION APPROVING QUIT CLAIM DEED TRANSFERRING PROPERTY FOR PUBLIC FACILITIES IN THE CITY OF COTTAGE GROVE AND APPROVING QUIT CLAIM DEED RELEASING REVERSIONARY INTEREST IN CERTAIN LANDS TO THE CITY OF COTTAGE GROVE WHEREAS, pursuant to the agreement dated between Washington County (County) and the City of Cottage Grove (City), County will deed the remainder property to the City for the purposes of the City to develop the property for its final public facility in the City of Cottage Grove for public use; and, WHEREAS, County will release the reversion clause created within the agreement dated June 21, 2011 and attached as Exhibit A to Quit Claim Deed recorded as Document No between the County and City. NOW, THEREFORE, BE IT RESOLVED, that Washington County Board of Commissioners hereby authorize the grant to transfer the remainder property removed from the Cottage Grove Ravine Regional Park to the City of Cottage Grove by Quit Claim Deed and legally described as follows: Outlot A, Cottage Grove Ravine Addition BE IT FURTHER RESOLVED, that Washington County Board of Commissioners hereby authorize the release of the reversionary clause created in transfer instrument dated November 8, 2011, recorded November 23, 2011 as Document No by Quit Claim Deed to the City of Cottage Grove. BE IT FURTHER RESOLVED, that the Washington County Board of Commissioners hereby authorize its Board Chair and Administrator to execute on behalf of the County the Quit Claim Deeds necessary to transfer the remainder property and release the reversionary interest to the City of Cottage Grove and any other documents necessary for the completion of these transactions. 6. Approval to enter into Second Amended Agreement and Restrictive Covenant of Document No with the Metropolitan Council and to file the agreement with the Washington County Recorder s Office. 7. Approval of Resolution No as follows: MASTER PARTNERSHIP CONTRACT NO WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION WHEREAS, The Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and

4 132 WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections , , and , to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write work orders against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, BE IT RESOLVED, that the Chair and the Administrator are hereby authorized and directed for and on behalf of the County to execute and enter into the master partnership contract and any amendments with MnDOT prescribing the terms and conditions set forth and contained in Minnesota Department of Transportation Contract No , a copy of which said agreement was before the County Board and which is made a part hereof by reference. BE IT FURTHER RESOLVED, that the department head of the Washington County Public Works Department is authorized to negotiate and execute work order contracts pursuant to the MnDOT master partnership contract, but such delegation of authority is limited to conformance with Washington County Policy #1201 which work order contracts may provide for payment to or from Mn/DOT, and that the department head of Washington County Public Works may execute such work order contracts on behalf of Washington County without further approval by this Board. 8. Approval of a grant application between the Office of National Drug Control Policy and Washington County for the period of January 1, 2017, through December 31, 2018, for the High Intensity Drug Trafficking Areas Programs. The motion was adopted 5-0 with a Roll Call vote as follows: Ayes, Commissioners Bigham, Kriesel, Weik, Karwoski and Miron; Nays, none. ADMINISTRATION - CONTINUATION OF PUBLIC HEARING FROM MARCH 14, 2017 Resolution Approving Petition to Rename Lake in the Cities of Forest Lake and Scandia and Adopt Order Establishing a New Name for Lake The County Board Chair indicated that today s public hearing was a continuation from both March 14 th and January 24 th s Public Hearings. The hearings were continued to allow for further options for renaming the lake. The Board Chair asked for a motion to reopen the record. Commissioner Miron moved to reopen the record. Commissioner Karwoski seconded the motion, and it was adopted unanimously. A petition signed by registered voters in the City of Forest Lake was received by the City of Forest Lake asking for the renaming of a lake located in Township 32, Range 21, Section 19 and Township 32, Range 20, Section 24. The official name of the lake is Halfbreed Lake, but has been known as and referred to as

5 133 Sylvan Lake for quite some time. The petitioners request was to officially change the name to Sylvan Lake. By law, the petition must be signed by 15 registered voters. The Property Records and Taxpayer Services staff have verified the petition meets this requirement. A letter was sent to the City of Forest Lake and the Department of Natural Resources notifying them of the petition and upcoming public hearing, and asking them to provide any comments on the proposed name to the county prior to the public hearing. The public hearing was held on January 24, 2017, and two residents spoke at the hearing. The county board asked for additional information and the public hearing was continued to March 14, 2017, in order to provide a notice to the City of Scandia as the lake lies partially within the City of Forest Lake and partially within the City of Scandia. The City of Scandia was notified as required. The public hearing continued on March 14, A number of individuals spoke at the public hearing. The board approved a motion to continue the matter until its May 9 meeting in order to allow for additional input from local residents. Commissioner Miron hosted a public meeting on April 12, 2017, at the Forest Lake Headwaters Service Center. At that meeting, an answer to the original petition was provided by residents requesting the lake be renamed as Lake Keewahtin. Property Records and Taxpayer Services staff again have verified that the needed number of signatures were gathered and this request has also been shared with the cities of Forest Lake and Scandia. The cities of Forest Lake and Scandia both passed motions prior to the March 14, 2017, public hearing in support of the renaming of the lake as Sylvan Lake. Subsequently, after being notified of the additional request to rename the water body as Lake Keewahtin, both Forest Lake and Scandia passed motions in support of that option as well. The Department of Natural Resources has made the county aware that it is supportive of either of the suggested names. The Board Chair asked for comments from the public. Solveig Huerstel, Forest Lake, long-time property owner on the lake, stated that she and her family have referred to the lake as Sylvan Lake for 67 years. She expressed support for the lake name to be Lake Sylvan. Peggy Huerstel, Forest Lake, property owner on the lake, stated that she and her family have referred to the lake as Sylvan Lake. She brought 9 local maps of the area that refer to the lake as Sylvan Lake. She expressed support for the lake name to be Lake Sylvan. Eugene Huerstel, Forest Lake, property owner on the lake, stated that he has referred to the lake as Sylvan Lake. He stated that he has a recent second petition for the lake to be referred to as Lake Sylvan. He expressed support for the lake name to be Lake Sylvan.

6 134 Sandra Mozer, Forest Lake, expressed opposition to renaming the lake from Halfbreed for historical preservation. She stated that if the lake name were to change, she would prefer the change be Keewahtin to honor Native American history. Mike Welsh, Spring Lake Park, property owner on the lake, expressed opposition to renaming the lake from Halfbreed for historical preservation. Aaron Parish, City Administrator of Forest Lake, expressed support for renaming the lake from Halfbreed Lake to Lake Keewahtin. He expressed concerns that the name Halfbreed Lake does not reflect positively on the City of Forest Lake. Kendra Gariepy, Forest Lake, expressed opposition to renaming the lake from Halfbreed for historical preservation. She stated that if the lake name were to change, she would prefer the change to Keewahtin to honor Native American history. The Board Chair asked for a motion to close the public hearing. Commissioner Miron moved to approve the motion to close the public hearing. Commissioner Bigham seconded the motion and it was adopted unanimously. The County Board agreed that the lake name of Halfbreed to be offensive, and agreed to rename the lake to Lake Keewahtin, both to preserve Native American history, and that both the cities of Forest Lake and Scandia supported the name of Lake Keewahtin. Commissioner Miron moved to adopt Resolution No as follows: ORDER TO RENAME HALFBREED LAKE (DIVISION OF WATERS # 82-80) LOCATED IN THE CITIES OF SCANDIA AND FOREST LAKE (TOWNSHIP 32, RANGE 21, SECTION 19 AND TOWNSHIP 32, RANGE 20, SECTION 24) TO LAKE KEEWAHTIN WHEREAS, under Minnesota Statutes Chapter 83 legal voters residing in a county may petition the county board to change the name of a body of water; and WHEREAS, a petition asking for the renaming of the lake to Sylvan Lake was submitted to the county that contained the names of 15 or more registered voters within the city of Forest Lake where the lake is partially located; and WHEREAS, the county board as directed in M.S. 83A set a public hearing for January 24, 2017, provided published notice, notified the Mayor of the City of Forest Lake, notified the Commissioner of the Department of Natural Resources, and notified the Ecological and Water Resources Division Director of the Department of Natural Resources as required by law; and

7 135 WHEREAS, following the public hearing on January 24, 2017, notice was provided to the City of Scandia and its mayor as required as a portion of the lake is within the city boundaries of Scandia; and WHEREAS, the County Board held public hearings on January 24, March 14 and May 9 and took public testimony from anyone in attendance who wished to provide testimony; and WHEREAS, the County Board gathered additional information at a public meeting held on April 12, 2017 at the Forest Lake Headwaters Service Center and mailed notice of that meeting to all the residents who own property on the lake; and WHEREAS, based on information provided to the county, the lake may have been named for a gentleman that lived on the lake that was of mixed race, the offspring of an American Indian person and a European or white person; and WHEREAS, no information was able to be found that a family by the name of Sylvan lived on the lake and the name Sylvan Lake may have first been used in 1929 when the Hurd Company platted the area around the lake and named the plat Sylvan Shores and the lake is shown on the plat as Sylvan Lake; and WHEREAS, while the official name of the lake continues to be Halfbreed Lake, a number of maps including the 1979 MNDOT map and numerous county maps show the lake as being named Sylvan; and WHEREAS, the Department of Natural Resources has confirmed that no old maps will be redone or the name changed on any historical documents if a new name is chosen for this lake and has communicated to the county that it is supportive of either name, Sylvan Lake or Lake Keewahtin, that has been suggested in the citizen petitions; and WHEREAS, the Merriam-Webster dictionary describes the word halfbreed as an adjective, often offensive, that describes the offspring of parents of different races; and WHEREAS, an answer to the original petition was received from local residents in the form of a petition requesting the lake be renamed Lake Keewahtin, to respectfully honor the Native American connection to this area and region; and WHEREAS, the city councils of Scandia and Forest Lake have taken action to support the name change of the lake to Sylvan Lake, and subsequently both passed motions to support the renaming of the lake as Lake Keewahtin as well. NOW, THEREFORE BE IT RESOLVED, that the Washington County Board of Commissioners, having taken all testimony and heard from the Department of Natural Resources, hereby orders that lake located in the Cities of Forest Lake and Scandia be renamed Lake Keewahtin; and BE IT FURTHER RESOLVED, that the Board of Commissioners directs the County Auditor to present this resolution to the Commissioner of the Department of Natural Resources for his written approval, and to present this resolution ordering the lake name change to the County Recorder to be recorded.

8 136 Commissioner Kriesel seconded the motion and it was adopted 5-0 with a Roll Call vote as follows: Ayes, Commissioners Bigham, Karwoski, Weik, Miron and Kriesel; Nays, none. PUBLIC WORKS PUBLIC HEARING Resolution Repealing and Replacing Parks Ordinance No. 174 The County Board Chair presented a brief overview of the public hearing regarding proposed revisions to the Parks Ordinance No The Board Secretary indicated that the notice of public hearing was published and the affidavit of publication is on file. A presentation was heard from Wayne Sandberg, Public Works Deputy Director. The goals of the proposed ordinance updates are to provide a framework for management of the park system, and to provide a better experience for park users. The changes were proposed to: improve overall user experience; recognize limited staffing; be a good neighbor to residents bordering the park; have rules developed in conjunction with the Sheriff s Office; allow staff to respond to issues; and maintain high quality experiences for park users. Among other changes, the proposed ordinance states the parks hours are 6 a.m. to 10 p.m., with the boat launch open one additional hour. It calls for no alcohol in the parks, including the campgrounds and pavilions, and clarifies that pets must be on leash, and that their owners are responsible for pet waste. It also adds unmanned aircraft systems, or drones, to the list of prohibited vehicles in the parks. Also, according to the ordinance, campers will be restricted to 14 consecutive days of camping, and the ordinance regulates the number of campers at each campsite. Additional rules discuss how to limit the spread of aquatic invasive species in the parks. The proposed changes were developed in collaboration with the Sheriff's Office and reviewed by the Parks and Open Space Commission. A board workshop was held March 7, The Board Chair asked for comments from the public; none were heard. The Board Secretary indicated that all documentary evidence has been received. Commissioner Miron moved to close the public hearing. Commissioner Karwoski seconded the motion and it was adopted unanimously. Commissioner Karwoski moved to adopt Resolution No as follows:

9 137 RESOLUTION ADOPTING WASHINGTON COUNTY PARKS ORDINANCE NO. 199 WHEREAS, Minnesota Statute section authorizes the County enact an ordinance relating to the County Park System; and WHEREAS, said ordinance may prescribe regulations, not inconsistent with law, for the protection and use of County parks in accordance with Minnesota Statute to ; and WHEREAS, Washington County Ordinance No. 174, "An ordinance governing parks under the jurisdiction of Washington County, Minnesota", was adopted in May 2006 and is in need of updates and clarifications; and WHEREAS, a County Board Workshop was held on the matter on March 7, 2017; and WHEREAS, Parks Ordinance No. 199 is intended to repeal and replace Washington County Parks Ordinance No 174; and WHEREAS, on, the Washington County Board of Commissioners conducted a public hearing pursuant to Minn. Stat to consider adopting Parks Ordinance No NOW, THEREFORE, BE IT RESOLVED, that the Washington County Board of Commissioners hereby adopts Washington County Parks Ordinance No. 199, to take effect upon the passage of this resolution and its publication according to law, and BE IT FURTHER RESOLVED, that the Washington County Board of Commissioners hereby repeals Washington County Parks Ordinance No.174, said repeal to take effect on the date that Washington County Parks Ordinance No. 199 becomes effective. Commissioner Miron seconded the motion and it was adopted 5-0 with a Roll Call vote as follows: Ayes, Commissioners Bigham, Karwoski, Weik, Miron and Kriesel; Nays, none. PUBLIC WORKS Approve Contract with Hardrives, Inc., for $340, for the St. Croix Trail Pavement Preservation Project Commissioner Kriesel moved to approve the contract with Hardrives, Inc., for $340, for the St. Croix Trail Pavement Preservation Project. Commissioner Bigham seconded the motion and it was adopted unanimously. Approve Agreement with the City of Afton for the St. Croix Trail Pavement Preservation Project Commissioner Kriesel moved to approve the agreement with the City of Afton for the St. Croix Trail Pavement Preservation Project. Commissioner Bigham seconded the motion and it was adopted unanimously.

10 138 Approve Agreement with the City of Lakeland for the St. Croix Trail Pavement Preservation Project Commissioner Kriesel moved to approve the contract with the City of Lakeland for the the St. Croix Trail Pavement Preservation Project. Commissioner Bigham seconded the motion and it was adopted unanimously. Approve of Contract with Peoples Electric Company for $131, for the County State Aid Highway (CSAH) 15 and 50th Street North Traffic Signal Project Commissioner Kriesel moved to approve the contract with Peoples Electric Company for $131, for the CSAH 15 and 50th Street North Traffic Signal Project. Commissioner Miron seconded the motion and it was adopted unanimously. Approve of Construction Cost Agreement and Maintenance Agreement with the City of Lake Elmo for the CSAH 15 and 50th Street North Traffic Signal Project Commissioner Kriesel moved to approve of construction cost agreement and maintenance agreement with the City of Lake Elmo for the CSAH 15 and 50th Street North Traffic Signal Project. Commissioner Miron seconded the motion and it was adopted unanimously. Approve Amendment No. 1 to Contract with Short Elliott Hendrickson, Inc. for $147,413 for Construction Engineering Services for the CSAH 17/Lake Elmo Village Project Commissioner Kriesel moved to approve amendment No. 1 to contract with Short Elliott Hendrickson, Inc., for $147,413 for construction engineering services for the CSAH 17/Lake Elmo Village Project. Commissioner Miron seconded the motion and it was adopted unanimously. Approve Contract with Short Elliott Hendrickson, Inc., for $208,800 for Phase III of the CSAH 17/Lake Elmo Village Corridor Management and Safety Improvement Project Commissioner Kriesel moved to approve contract with Short Elliott Hendrickson, Inc., for $208,800 for Phase III of the CSAH 17/Lake Elmo Village Corridor Management and Safety Improvement Project. Commissioner Karwoski seconded the motion and it was adopted unanimously. SHERIFF S OFFICE Resolution Recognizing Law Enforcement Memorial Day, Law Enforcement Memorial Week and Correctional Officers Week in Washington County Commissioner Miron moved to adopt Resolution No as follows:

11 139 RESOLUTION RECOGNIZING LAW ENFORCEMENT MEMORIAL DAY, LAW ENFORCEMENT MEMORIAL WEEK AND CORRECTIONAL OFFICERS WEEK IN WASHINGTON COUNTY WHEREAS, the peace officers of America have worked devotedly and selflessly on behalf of the people of this Nation, regardless of the peril or hazard to themselves; and WHEREAS, these officers have safeguarded the lives and property of their fellow Americans; and WHEREAS, by the enforcement of our laws, these same officers have given our country internal freedom from fear of the violence and civil disorder that is presently affecting other nations; and WHEREAS, these men and women by their patriotic service and their dedicated efforts have earned the gratitude of the citizens of Washington County; and WHEREAS, on May 15, 2017 the Washington County Sheriff s Office holds an annual Memorial Ceremony recognizing fallen Correctional and Law Enforcement Officers at the Historic Courthouse. NOW, THEREFORE BE IT RESOLVED, that the Washington County Board of Commissioners hereby proclaim the week of May 7, 2017 May 13, 2017 as Correctional Officers Week and the week of May 15, 2017 May 21, 2017 as Law Enforcement Memorial Week in Washington County and extends its appreciation and thanks to the dedicated Law Enforcement Community for the Vital contribution they make to public safety and wellbeing of our citizens Commissioner Bigham seconded the motion and it was adopted 5-0 with a Roll Call vote as follows: Ayes, Commissioners Bigham, Karwoski, Weik, Miron and Kriesel; Nays, none. GENERAL ADMINISTRATION Approve Submission of Proposals and Letters of Support to the Legislative-Citizens Commission on Minnesota Resources for the Land and Water Legacy Program s West and Bayport Projects Commissioner Karwoski moved to approve submission of proposals and letters of support to the Legislative-Citizens Commission on Minnesota Resources for the Land and Water Legacy Program s West and Bayport projects. Commissioner Bigham seconded the motion and it was adopted unanimously. Approval of Letters to the Legislative Delegation Commissioner Bigham moved to approve sending letters to the Legislative Delegation regarding Medicaid funds and the Minnesota Eligibility Technology System. Commissioner Bigham seconded the motion and it was adopted unanimously. Agenda Revisions

12 140 Molly O Rourke, County Administrator, reported that due to time limitations, both the Board Workshop with the Community Development Agency on economic development activities, and the Personnel Committee will be cancelled. COMMISSIONER REPORTS Commissioners reported on meetings and other events that they attended. Please see archived web streaming of the board meeting for full commissioner reports at under County Board. BOARD CORRESPONDENCE Board correspondence was received and placed on file. ADJOURNMENT There being no further business to come before the Board, Commissioner Miron moved to adjourn, seconded by Commissioner Karwoski, and it was adopted unanimously. The Board meeting adjourned at 1:07 p.m. Lisa Weik, Chair County Board Attest: Molly F. O Rourke County Administrator