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Wright County Board Minutes

SEPTEMBER 25, 2001

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

Eichelberg moved to approve the minutes of 9-18-01 as presented, seconded by Mattson, carried unanimously.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #4, "Resolution To Transfer Tax Forfeit Parcel To Otsego City" (Gruber); Item For Consid. #3, "Set Budget Committee Of The Whole Meeting" (Norman); Item For Consid. #4, "Set River Rider Joint Powers Meeting" (Norman); Item For Consid. #5, "Quad County Meeting" (Mattson). Russek moved to approve the Agenda as amended, seconded by Eichelberg, carried 5-0.

Sawatzke moved to approve Item A of the Consent Agenda and to remove for discussion Item B, "September Parks Commission Minutes" and Item C, "Accept Resignation, Jerry Uhde, Surveyor, Eff. 11-1-01 & Authorize Replacement." The motion was seconded by Russek and carried 5-0:


1. Performance Appraisals: A. Rasmuson, Assr.; S. Sandberg, L. Winterhalter, Atty.; S. Bundy, Ct. Admin.; S. Kile, Ct. Svcs.; C. Davis, T. Janikula, J. Klein, P&Z.

2. Designate Voting Delegates, AMC Conference (Commissioners, Fingalson, Gruber & Norman)

3. O/T Report, Period Ending 9-14-01.

Item C, "Accept Resignation, Jerry Uhde, Surveyor, Eff. 11-1-01 & Authorize Replacement" was addressed. Uhde told the Board that it has been enjoyable working for Wright County but the time had come for his retirement after more than 25 years of service. The Board commended Uhde on his outstanding service and ability to supervise a department that the Board has received virtually no complaints. Russek moved to accept the resignation of Jerry Uhde, Surveyor, effective 11-1-01 & authorize replacement, seconded by Sawatzke, carried 5-0.

Item B, "September Parks Commission Minutes" was removed by Mattson for discussion. He referenced the Parks Commission discussion relating to Ney Park and working relationships with neighboring landowners. He did not think this was a concern voiced when the property was purchased at what he felt was two to three times the value of the land. Mattson thought maintenance agreements should be utilized with townships for maintenance of County roads. Traffic is increased on township roads in close proximity to Parks. Sawatzke moved to acknowledge receipt of the September Parks Commission Minutes, seconded by Eichelberg, carried 5-0.

Doug Gruber, Auditor/Treasurer, said nine parcels were sold at the Tax Forfeit Sale held on 9-19-01. The minimum bid price for all properties was $27,500. However, the sale grossed $53,200 with the sale of all parcels. These parcels will be placed back on the tax rolls for taxes payable 2002. Gruber thanked Alicia Gillham and Lonnie Ogden for their work involved with the sale.

Gruber requested approval of a draft resolution transferring Parcel #118-037-005040, Lot 4, Block 5, Walesch Estates 2nd Addition, to the City of Otsego. This parcel was scheduled to be sold at the Tax Forfeit Sale but Gruber was informed that morning that the City of Otsego had passed a resolution last April indicating their intent to purchase the parcel. Gruber stated their office had not received notice. The City will use the parcel for storm water ponding. Sawatzke moved to adopt

Resolution #01-70, seconded by Mattson, carried 5-0 on a roll call vote.

Laid over from their last meeting, the Board addressed the request by Plowe Engineering to outlet ponds from Albert Villas 4th Addition into Ditch #9. Brian Asleson, Chief Deputy Attorney, and Kerry Saxton, SWCD, were directed to draft an agreement outlining conditions if the request were approved. At today's meeting, Asleson distributed a Memorandum Of Understanding between Wright County and Edina Development Corporation authorizing the outlet of storm water from Albert Villas 4th Addition into County Ditch 9 based upon the following conditions:

1) Upon completion of the work, any areas in the development below 948 elevation which flood waters from County Ditch 9 have direct access to must be of the same or greater total area (square footage) as were present pre-construction.

2) Edina, at its own cost, shall clean out areas of County Ditch 9 adjacent to the south 1,000 feet of its development according to original plans on file with the Wright County Auditor, with the further conditions that the ditch bank be sloped to a 3:1 slope when completed and that said slopes be seeded and mulched.

3) That any work on site meet NPDES requirements for storm water and sediment control under the Minnesota Pollution Control Agency Regulations governing the same.

4) Any spoils from the ditch, including those remaining from a ditch clean-out of several years ago, must be either removed from the site or leveled and used on site.

5) That any trees which appear to be impairing flow in the ditch shall be removed in the area of the development.

6) That for the road crossing at 51st Street NE, Edina shall place the same sized concrete box culvert as that which exists at the field crossing located near the proposed road crossing, or the functional equivalent of said box culvert.

Discussion followed on the suggestion that a ditch committee be formed to monitor the work enabling the County to better enforce the conditions set forth in the Memo Of Understanding. Asleson said the County could consider recording a document which would bind future owners of the property to the conditions. Asleson reminded the Board that the County is the ditch authority and not the owner of the land. He referenced the previous agreement with Pilot Land Company and work which remains unfinished in this same area. Asleson said the County does not have a designated person to monitor conditions set forth. He said the reason the County would not pursue action against Pilot Land Company is that the County does not have record of what was left unfinished three years ago. In a related issue, last week the County Board discussed imposing a moratorium on any future outlets to Ditch #9. Asleson consulted with Tom Zins, County Attorney, on this issue. The statutes reflect the general purpose for a moratorium is to study and revise ordinances. Asleson was unsure whether a moratorium would be appropriate in this situation. Russek responded that he felt a moratorium would be enforceable if a ditch committee performed a study on the ditch. Asleson said the goal of the ordinance is to regulate stormwater drainage into ditches County wide. Eichelberg moved to approve the Memorandum Of Understanding, seconded by Russek, carried unanimously.

The claims listing was reviewed. Mattson referenced page 7, Central MN Mental Health Center ($600.00) for Jail Medical Services. Gruber explained the claim is for diagnostic assessments on four individuals. Sawatzke explained that the cost is sometimes reimbursed through an inmate's medical insurance. Eichelberg moved to approve the claims as listed in the abstract, subject to audit. The motion was seconded by Russek and carried 5-0.

Wayne Fingalson, Highway Engineer, requested that the Board approve a Memo Of Understanding with the City of St. Michael for Frankfort Parkway at Wright County CSAH #19. This Memo would commit the City to improve the intersection with full turn lanes on CSAH #19 when the development continues beyond the town home development. Eichelberg moved to approve the Memo Of Understanding, seconded by Russek, carried 5-0.

A Transportation Committee Of The Whole (TCOTW) meeting was held on 9-10-01. The following corrections to the minutes were made at today's Board meeting: 1) Page 4, mid-paragraph, change sentence to read, "Johnson said that this issue would have to be taken up with the City Council-he was unable to make that promise." 2) Page 4, mid-paragraph, change from "Sonnatec" to "Saunatec." Russek moved to acknowledge the report, seconded by Mattson, carried 5-0. The following is a summary of the TCOTW recommendations and action taken at today's Board meeting:

Discuss Letter From Con-Mix, LLC RE: Delano Maintenance Shop/Property: Con-Mix requested an opportunity to lease the property currently occupied by the Delano Truck Station with or without an option to buy. The Attorney's Office indicated that a lease could be offered to a private entity if the lease were less than $15,000/year. Fingalson said the proposal seemed like a good solution in view of the budget shortages this year. Discussion involved the tax status of the property and the potential that the County may lose the tax-exempt status. TCOTW Recommendation: There was a consensus not to lease the property occupied by the Delano Highway Shop to Con-Mix, LLC, at this time. If the property is put up for sale, Con-Mix, LLC, will be notified.

Discuss Cokato Truck Station Road Access Issue: Mattson showed a video he had recorded traveling CSAH 4, Omer Avenue and the Township road. His intent was to show the difference between the portion of road used for hauling and the portion which wasn't. Discussion involved the condition of the road and suspected causes. The estimate to fix the road with 3" Bituminous and 12" Class 5, excluding labor, is approximately $10,000. Cost participation by the affected property owners, future maintenance, and potential City assessments were discussed. TCOTW Recommendation: Wait to hear from the City of Cokato, in writing, before any specific decisions are made regarding the County's participation in future improvements to Omer Avenue. The County should add gravel to Omer between shop access and CSAH 4 as an interim measure.

Discuss Proposed CR 106 Project In Monticello Township: The intersections of CR 106 and Cahill Avenue have been identified by both the Township and Wright County Board as an area of concern due to poor site distance at the intersections. Approximately $10,000 has been budgeted for improvements for the 50% County portion, but a more recent estimate of improvement costs (not including restoration and labor costs) is closer to $46,000. These costs include equipment rental of scrapers and a dozer. TCOTW Recommendation: Review the cost estimates and consider doing the project after 2001. At today's Board meeting, Fingalson said the Township would like an indication of the County's intent so this can be discussed at their March Township Meeting. The consensus of the County Board was to refer this issue to a future TCOTW meeting.

Discuss CSAH 35/TH 55 Project In Buffalo Scheduled For 2003: Curt Kreklau, SEH, met to discuss plans for the proposed realignment of CSAH 35 between TH 55 and just west of CR 134. The realignment would move the intersection of TH 55 and CSAH 35 from its current location to the east. CSAH 35 would connect with that portion of existing CSAH 35 just west of the CSAH 35 and CR 134 intersection, leaving a current section of CSAH 35 vacated. An agreement had been reached with the developer who owns the property over which this proposed alignment will run. The agreement calls for the developer to dedicate right of way, provide for storm water ponding, and pay for curb/gutter and the turn lanes he has asked for. The City of Buffalo would pay for the bike path ($30,000) along the road and contribute $25,550 of the cost of storm sewers. Exact costs of mobilization of traffic control and remainder of storm sewer are still to be determined. Kreklau inquired whether the county would pay for the remaining $9,450 of storm sewer and approximately $10,000 of the traffic control/mobilization costs. Due to the estimated 15,000 vehicles per day in the area, a four-lane road with median will be required. Jude said the consensus of the Committee was to agree with the proposed realignment as presented by Kreklau at a cost to the County of $19,450.00 ($9,450 for storm sewer and estimated $10,000 for mobilization). The concept was approved but the dollar amount is not final. TCOTW RECOMMENDATION: Approve the proposed realignment of CSAH 35 as part of the TH 55 project; approve SEH to do the design work, and develop a written agreement with the City, developer, SEH, and Mn/DOT, based on verbal agreements. At today's County Board meeting, Russek moved to adopt the recommendation and concept, seconded by Eichelberg, carried 5-0. The motion includes directing Richard Norman, County Coordinator, to check with MCIT on the County's liability with the bike path.

Review Options For Albertville Truck Station: A Task Force was set up last Spring which included Eichelberg, Steve Meyer, and Fingalson to meet with representatives from the City of Albertville to discuss options for a new station. The present location is in the City limits and is surrounded by housing. Fingalson indicated that he will attend a meeting on 9-25-01 to discuss this with the City. Two possible locations are the Mn/ROAD site in the City of Otsego and the Albertville Industrial Park planned for next spring. The County will wait for proposals from the City.

Discuss Policy On Driveway Paving On Future Construction Jobs: A summary of other County's answers to questions were distributed relating to driveway paving in connection with construction projects. The survey was prompted by many inquiries from property. Cost summaries were also included. Paving to the right-of-way line would cost an additional $4600 per mile. TCOTW Recommendation: Maintain our present policy on driveway paving.

Review Proposed Street Lighting Policy: This will be a future discussion item as more information will be obtained.

A Personnel Committee Of The Whole meeting was held on 9-11-01. Eichelberg moved to approve the minutes, seconded by Sawatzke, carried 5-0.

FLSA Audit. Madden explained that the Fair Labor Standards Act (FLSA) requires employers to pay employees overtime pay under certain circumstances. Exemptions from provisions of the Act can be made provided employees meet the criteria to be designated as executive, administrative, or professional employees. Unionized employees are subject to the provisions of their collective bargaining agreements. A recent audit of jobs at the State level showed numerous errors in how jobs were classified under FLSA; i.e., exempt and non-exempt. Since that time, many local jurisdictions started examining how their employees were classified. The audit of Wright County jobs focused on job descriptions found in Classes D through K on the Non-Union Salary Schedule and the Sheriff Supervisors Union. Individuals in jobs found to be non-exempt from FLSA will be eligible to receive overtime for hours worked in excess of 40 hours in a seven day work period. It was the consensus that Galanter and Norman meet with department heads who have employees impacted by this change in classification. Individual employees will be notified by letter of their non-exempt status. A policy statement defining eligible hours for overtime calculations will be drafted by Norman. Implementation is recommended to start October 1, 2001.

On a motion by Sawatzke, second by Russek, all voted to approve the change in the definition of "Overtime" in the Personnel Policy Manual as requested by Norman. The definition is as follows: "OVERTIME: All approved hours worked in excess of the normal forty (40) hour work week as defined by the Employer. Hours worked in excess of forty (40) hours during the designated work week shall be compensated at one-and-one half times the employees base wage rate. Vacation, sick, holiday, Workers' Compensaton and leave hours shall not be counted as hours worked for purposes of calculating overtime eligibility."

A Budget Committee Of The Whole meeting was held on 9-18-01. Mattson moved to approve the minutes, seconded by Russek, carried 5-0:

State Audit Exit Conference, 2000 Audit. Pietrick stated that once again we will have an unqualified audit. He reviewed the draft audit and made the following comments:

FS 29. Cash and Pooled Investments. Investment earnings increased from $740,694 to $1,624,888. Most of the increase can be attributed to a favorable bond market. Pooled investments are stated at fair value to comply with GASB 31.

FS 38. Human Services and Road & Bridge had expenditures that exceeded budget.

FS 69. Designation For Cash Flows increased significantly because the Great River Regional Library allocation is now part of the General Fund. A range of $6M to $11M is needed in order to fund operations until property taxes are collected and distributed. We currently have $7.5M reserved for cash flow purposes in the General Fund.

FS 75. Based on a question raised by Norman the Human Services amounts designated for cash flows and unreserved, undesignated will have to be changed so that a negative balance is not carried in the undesignated line.

FS 94. The Law Library has an undesignated fund balance of $181,103.

He then reviewed the Management and Compliance Section summarizing the findings as follows:

Reportable conditions in internal control were found not to be material weaknesses.

No instances of noncompliance material to the financial statements were disclosed during the audit.

No matters involving internal control over compliance relating to the audit of the major federal programs were reported.

Wright County was determined to be a low-risk auditee.

It is recommended that the County Board review the County's fixed assets policies and procedures and the means of enforcing them in order to strengthen internal controls.

It is recommended that the County Board take steps to have the capital assets system interfaced with the general ledger, and establish formal policies and procedures for accounting and reporting the County's capital assets, including infrastructure. This will assist the County in complying with GASB 34.

It is recommended that the County Board provide the necessary directives to department managers that would allow for the recording of all detailed financial transactions in a consolidated general ledger.

GASB 34 will be effective for Wright County for fiscal year ending December 31, 2003.

In a related matter, the State Department of Human Services is requesting that Family Services Collaboratives be audited. Pietrick does not know if this is a request at this point or a mandate. Pietrick stated that it is important to see that the "public purpose test" is being met. There should be a clear understanding of the infrastructure that exists for the purchase of goods and services, billing, etc.

Eichelberg moved to adopt Resolution #01-71 approving a Charitable Gambling Application for the National Ataxia Foundation (Silver Creek Township). The motion was seconded by Mattson and carried 5-0 on a roll call vote.

Norman stated the Sheriff has requested that a Budget Committee Of The Whole meeting be scheduled to discuss budget requests he had. The County Assessor was also asked to look at his budget. Norman said the Committee could revisit other issues discussed during the budget hearings. Sawatzke moved to schedule a Budget Committee Of The Whole meeting on 10-8-01 at 9:30 A.M., seconded by Eichelberg, carried 5-0.

Norman received a call from Sherburne County requesting a River Rider Joint Powers meeting. Sawatzke moved to schedule the meeting for 10-9-01 at 1:30 P.M., seconded by Russek, carried 5-0.

At the last County Board meeting, action was taken to cancel the 10-23-01 County Board meeting due to the occurrence of five Tuesdays in October. Last week, Mattson referenced a Quad County meeting scheduled for 10-30-01 at 10:00 A.M. He said minutes from 6-5-01 reflect that he provided a report on both a Quad County Meeting and Transportation Planning Meeting. The issue of whether to change the date of the canceled Board meeting will be referred to the next County Board Agenda.

Bills Approved

ADS 208.62

All-Data, Inc. 692.54

Allina Hospitals & Clinics 279.40

American Institutional Supply 250.44

Annandale Rock Products 1421.01

Anoka County Sheriff 150.00

Bowman Distribution 284.57

Buffalo Painting, Inc. 5211.00

Carver County Treasurer 101.00

Catholic Charities 6898.77

Central McDowan, Inc. 696.66

Central MN Mental Health Cntr 600.00

Chatham Township 497.00

Cokato Salvage, Inc. 754.00

Commissioner of Transportation 286.41

Contech Construction Product 677.20

CYS Uniforms 559.80

Dales 66 170.41

Decorative Designs, Inc. 175.53

Diamond Mowers, Inc. 399.61

East Central Regional Juvenile 13,982.50

Greenside Up 349.15

Hamline University 2000.00

Hanson, Thomas DDS 777.00

Hickorytech 125.64

Holt Motors, Inc. 1008.71

IMC Salt, Inc. 34,246.42

Klatt True Value Electric 124.88

Lake Region Co-op Oil 16,770.14

LaPlant Demo, Inc. 559.75

Laser Patrol, LLC 150.00

Life Resources 1118.88

Little Mountain Feed, Inc. 106.18

Loaf & Ladle 128.69

Maple Lake City 1213.04

Marco Business Products 623.99

Marties Farm Services 102.24

The Metro Group, Inc. 3172.85

Mid-America Business Systems 240.62

Mid-Minnesota Hot Mix, Inc. 888.99

Mile 225.00

Minnesota Corrections Assn 125.00

Minnesota Elevator, Inc. 183.49

MN Assn of Assessing Officers 260.00

MN County Attys Association 255.76

MN Sheriffs Association 163.99

MN State Auditor 987.50

MN Transportation Alliance 750.00

Munson, Margaret 269.76

Oman Brothers, Inc. 329.72

On Site Monitoring 7918.00

Portable Computer Systems, Inc. 597.00

Qwest 1771.56

Record Preservation, Inc. 623.86

Reliant Energy Minnegasco 414.38

Royal Tire - St. Cloud 2254.07

Russek, Jack 162.52

Safeshred 130.72

Sheriffs Youth Program of MN 17,076.23

Society for Human Resource Mgt. 160.00

St. Cloud Times 298.21

St. Michael Veterinary Clinic 121.02

State of Minnesota ITD 397.98

Titus, Kevin 130.90

Verizon Wireless 128.57

Waste Management TC West 637.33

Westside Equipment 270.56

Wright-Hennepin Electric 3754.95

Xcel Energy 7438.58

Zach's, Inc. 192.91

Zee Service Company 100.43

36 payments less than $100 1750.63

Final Total $148,729.56

The meeting adjourned at 10:10 A.M.

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