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Wright County Board Minutes

SEPTEMBER 11, 2001

The Wright County Board met in regular session at 9:00 A.M. with Mattson, Eichelberg, Sawatzke, Jude, and Russek present.

The minutes of 9-4-01 were corrected as follows: Page 1, last paragraph,1 st sentence should read, "The Board addressed Consent Agenda Item C1, Approve Agreement With City Of St. Michael For Highway Improvements Associated With S.E. Area Development which was moved to the regular Agenda at the request of Marc Weigle, St. Michael City Planner." Russek moved to approve the minutes as corrected, seconded by Mattson, carried unanimously.

Petitions were accepted to the Agenda under Items For Consideration as follows: #4, "Stumpf/Marshall Property Visit" (Jude); #5, "Howard Lake Water Tower" (Eichelberg); #6, "Stemper & Ney Park Properties" (Mattson); #7, "Cancel 9-12-01 Personnel Committee Meeting" (Norman); #8, "Set Budget Committee Of The Whole Meeting" (Norman). Eichelberg moved to approve the Agenda as amended, seconded by Sawatzke, carried 5-0.

On a motion by Russek, second by Eichelberg, a!l voted to approve the Consent Agenda as follows: A. ADMINISTRATION

1. Performance Appraisals: T. Dehmner, Sheriff.

2. Refer Discussion Of Fringe Benefit Package For Recorder To The Personnel Committee.

3. O/T Report, Period Ending 8-17-01.

4. O/T Report, Period Ending 8-31-01.

5. Authorize Signatures, DNR Application For License To Cross Public Lands And Waters (Charlotte/Martha Collection System).

6. Authorize Norman To Attend Association Of Governmental Risk Pools (AGRIPS), Governance And Leadership Conference, October 17-19, 2001.

B. HIGHWAY

1. Approve Hire, Donald Bickmann, Highway Sign Person, Eff. 9-12-01 (Step 1).

C. PLANNING & ZONING

1. Accept The Findings & Recommendations Of The Planning Commission For The Following Rezonings:

A. Approve Request To Rezone From AG & S-2 To R-2 & S-2, Tamra Otten (Rockford Twp.).

John Sander, Springsted Public Finance Advisors, said a bond sale was held on 9-10-01 to receive bids for the Lake Charlotte/Martha Subordinate Sewer District Project. The County has received a credit rating of A3 by Moody's. Three bids were received which included approximately 10 solid bidders with interest rates ranging from 3.625% to 4.75%. Russek moved to adopt Resolution #01-67 awarding the bond sale of $2,295,000 in General Obligation Sewer Revenue Bonds, Series 2001A to Dain Rauscher Incorporated, seconded by Eichelberg, carried 5-0 on a roll call vote.

On a motion by Mattson, second by Eichelberg, all voted to schedule an MIS Steering/Communications Committee meeting for 9-26-01 at 9:00 A.M. The Agenda will include: 1) Record Management Project-2002; 2) Report From Property Tax Offices Automation Meeting; 3) Recommendations From Brenda Shald & Associates; 4) Voice Recording System-911 Dispatch; 5) Phone Switch Upgrade.

On a motion by Russek, second by Eichelberg, roll call voted carried 5-0 to adopt Resolution #01-68 establishing the Draft 2002 Budget and Draft 2002 Certified Taxable Levy. From this date forward, the Certified Taxable Levy cannot be increased but can be decreased. The Final Budget and Certified Levy will be set in December.

RESOLUTION

BE IT RESOLVED that the Wright County Board of Commissioners hereby establishes draft 2002 budgets as follows:

GENERAL REVENUE $27,418,303

HUMAN SERVICES 19,282,100

ROAD & BRIDGE 21,549,985

DEBT SERVICE 1,927,134

LAKE PULASKI L.I.D. 34,800

TOTAL BUDGET $70,212,322

BE IT FURTHER RESOLVED that the Wright County Board of Commissioners hereby establishes a draft 2002 Certified Taxable Levy as follows:

GENERAL REVENUE $15,934,020

HUMAN SERVICES 5,518,500

ROAD AND BRIDGE 2,563,716

DEBT SERVICE 1,927,134

LAKE PULASKI L.I.D. 34,800

TOTAL $25,978,170

LESS HACA: 2,467,200

NET TAXABLE LEVY: $23,510,970

Doug Gruber, Auditor/Treasurer, introduced Craig Schlichting, Plowe Engineering, who was present to request outletting to County Ditch 9 from Albertville Villas 4th Addition. Gruber had previously been directed by the Board to contact Patty Fowler, DNR for her input. Fowler informed Gruber that she doesn't feel the DNR has any jurisdiction until the ditch meets with Regal Creek. This item was laid over until later in the meeting as Kerry Saxton, SWCD, had not arrived for discussion.

On a motion by Mattson, second by Sawatzke, all voted to approve the claims as listed in the abstract, subject to audit.

Richard Norman, County Coordinator, provided information on Forward Delivery Refunding. Evenson Dodge performed a review on savings which could be realized by Wright County on two current bond issues. As of 9-1-01, the report reflected that the County could realize an interest rate savings of $718,179 with a present value benefit of $583,887. Discussion followed on the impacts of selling bonds early and the interest trend. Gruber indicated that he had not been part of the discussions but felt that if the County were to act, now would be the time. Sawatzke moved to proceed with the sale of the bonds. The motion includes having Gruber research and provide an opinion at the next Board meeting on proceeding with the sale. The motion was seconded by Russek and carried 5-0.

The discussion resumed on the request by Plowe Engineering to outlet into County Ditch 9 from Albertville Villas 4th Addition. At the request of Craig Schlichting, Plowe Engineering, the consensus of the Board was to lay this item over to the next Board meeting. A meeting will be held with the MPCA on 9-14-01 to review Phases 1-3. Sawatzke referenced past flow calculation disputes between SWCD and Plowe Engineering and questioned whether anything had been resolved. Saxton responded that Plowe Engineering's design did not include calculations for water flow downstream. Saxton felt those calculations should be analyzed as they could have major impacts on housing. He said Plowe Engineering did not feel it was their responsibility to do that. Saxton said he stands behind the letter written to the Board previously on this issue. Jude said Patty Fowler, DNR, has an unbelievable workload and may not have the time to provide input. Saxton agreed and said that the Brainerd Regional Hydrologist may have to be contacted for an opinion. Saxton said the County Board would have to decide whether it is their responsibility to protect homes from flooding or whether that was the City's responsibility.

Discussion followed on the digging of the ditch several years ago by Pilot Land Company. Saxton stated that as part of the agreement, Pilot was supposed to slope the ditches. This has not been completed. Brian Asleson, Chief Deputy Attorney, said that the County is not the stormwater authority but the drainage authority (i.e., removing water off land). Although the County is not to allow flooding downstream, the cities involved do bear some responsibility if they continue to approve developments. He suggested having the developer convene the two cities involved. Asleson felt some guidance may be provided by the MPCA when they meet this Friday. Russek said the County has to be concerned with flow downstream, as it flows through Albertville and St. Michael into Regal Creek. He said the County has an obligation to take water, but the question was how much. The use of the ditch has changed from when it was dug.

In reference to the request by Plowe Engineering, Schlichting stated the developer is concerned with their site and boundaries. The City establishes the elevation and flow discharge below. The City upstream has the responsibility for that water flow. Schlichting said there should not be an issue downstream as their designs meet the 100-year flood and have a 50% discharge rate. Saxton agreed but still had reservations with placement of homes in the development.

Relative to the agreement with Pilot Engineering from several years ago relating to ditch slopes, Sawatzke said that there was a list of criteria which were to be met in order for their request to be approved. Erosion and safety were key issues addressed. He said that if the list of criteria had not been completed, follow up with Pilot was required. The consensus was for Asleson to discuss the issue with Saxton, research the agreement, and bring back a recommendation next week.

Crystal Stelton spoke on behalf of her mother, Pat Schmidt, regarding a request for rezoning in Chatham Township. At their 8-3001 meeting, the Planning Commission unanimously voted to deny the request to rezone Schmidt's property from A/R & S-2 to S-2. The property consists of 37 acres and Schmidt's request was to divide it into four lots. This would not meet the ten-acre minimum lot size. The Township approved the request. Russek serves on the Planning Commission and made the motion to deny the request based on it not complying with the Land Use Plan, all adjoining property is zoned AG or A/R, and the current A/R zone does not allow limited development which is appropriate considering the severe environmental and highway access problems on the site. Approval would have been spot zoning. Schmidt stated that her property was zoned A/R (Ag Residential) & S-2 (Shorelands). She said her property was definitely lakeshore before the road was constructed. The response by the Board was that the request was based on the number of children Schmidt had, not on a hardship. Schmidt and Stelton were directed to contact the Township with their request, asking the Township to consider changing the Land Use Plan. They did inform Schmidt that changing the Land Use Plan was a significant venture. If the Township agreed to do so, the process could take a couple of years. Schmidt was also directed to contact the Planning & Zoning Office to obtain the criteria for a PUD. Sawatzke moved to support the recommendation of the Planning Commission for denial of the request, seconded by Russek, carried 5-0.

Jude requested that the Board consider setting a date to visit the Stumpf & Marshall properties which lie on either side of a property under construction. Stumpf and Marshall had addressed the Board in August to request that the Board revisit the Ordinance which pertains to encroachment on neighboring properties. Asleson said the last update he had received was that the Planning & Zoning Office would not approve the site for occupancy until drainage concerns are met. If the site is occupied, enforcement efforts may be required. Sawatzke stated that when Stumpf and Marshall addressed the Board in August, he agreed that their properties had been affected. He did not necessarily feel a site visit was required. He instead suggested the ordinance review be sent to committee for discussion. Sawatzke moved to send this issue to the Ways & Means Committee, seconded by Russek, carried 5-0. Salkowski and a representative from the County Attorney's Office should be involved.

Eichelberg questioned the status of the Howard Lake water tower issue. He said the County is in the process of working on other agreements with cities and felt the Board should know how to proceed correctly so a similar situation doesn't result. Asleson said that with any pending projects, the County should make sure they have an agreement in writing based upon the vote of the entire city council. Asleson said after the last Board discussion on the status of the water tower issue, he sent a letter to the City Administrator but had not heard anything back. Jude felt that the issue should be sent to the Ways & Means Committee to discuss issues such as a hold harmless clause, insurance, exposure, rent, etc. Eichelberg moved to refer this issue to the next Ways & Means Committee meeting, seconded by Russek, carried 5-0.

Mattson questioned whether the County should be accepting bids for the farmland rental of the Ney Park and Stemper land recently purchased. Mattson felt that anyone submitting a bid would want to view the land this Fall for rental next year and that an advertisement should be run so everyone would have a chance to bid. Asleson said that if the County collects less than $15,000 per year, they are not required to advertise for bids. He encouraged the Board to involve Mattice on rental of the Ney Park land. The Ney Park land can only be rented for two years per the grant received. Jude said rental of the Rasset site should also be discussed. Sawatzke moved to refer to the Ways & Means Committee the rental of land at the Stemper, Ney Park and Rasset sites. The motion was seconded by Russek and carried 5-0. Mattson thought that instead of winterizing the buildings at the Stemper property that the County should possibly sell several acres with the buildings.

Norman requested that the 9-12-01 Personnel Committee meeting be canceled as Don Mleziva is unavailable. On a motion by Eichelberg, second by Sawatzke, all voted to cancel the meeting and to lay the issue over to the October meeting.

Russek moved to schedule a Budget Committee Of The Whole meeting for 9-25-01 at 11:00 A.M., seconded by Eichelberg, carried 5-0. The purpose of the meeting is to discuss the Human Services budget.

Bills Approved

American Institutional Supply 232.60

Ancom Technical Center 496.21

Annandale Rock Products 316.30

Buffalo Clinic 379.00

Buffalo City 36,566.34

Carver County Juvenile Detenti 3045.00

Determan, Karen 119.90

Erickson, Josh 160.76

Eulls Manufacturing Co., Inc. 234.30

Feddema, Tom 177.16

Gateway Companies, Inc. 170.00

Gau, Todd 152.20

Gholson, Janet 193.12

Holiday 1971.21

Jahnke, Chris 319.26

Klatt True Value Electric 228.23

Lakedale Telephone Company 424.81

Maple Lake Lumber Company 444.92

Marco Business Products 1084.72

Martin-McAllisters Consulting 1218.00

Mattson, Richard 114.58

Minnesota Supreme Court 200.00

MN Assn of Assessing Officers 150.00

MN County Attorneys Ass'n 224.50

MN GIS-LIS Conference 275.00

Office Depot 485.27

Olson, Denise 234.26

Precision Prints of Wright Co. 234.73

Reliant Energy Minnegasco 848.53

Sprint 160.90

Superior Service - Central MN 453.00

Total Printing 739.48

Verizon Wireless 1918.01

Victor Township 4622.60

Voss Lighting 354.23

Wal-Mart Store 01-1577 355.56

Wright County Journal Press 153.37

29 Payments less than $100 2283.56

Final Total 64,283.55

The meeting adjourned at 10:29 A.M.


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