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Wright County Board Minutes
SEPTEMBER 16, 2003
The Wright County Board met in regular session at 9:00 A.M. with Heeter, Mattson, Eichelberg, Russek and Sawatzke present.
The following corrections were made to the minutes of 9-09-03: Page 1, 2nd to last paragraph, 6th sentence should read, "All members of this Board from Wright County live on Clearwater Lake." (Sawatzke); Page 2, last paragraph, 2nd sentence should read, "A large clean out occurred last year when the ground was frozen." (Eichelberg); Pages 2 & 3, replace all instances of "Banks" with "Bengtson" (Eichelberg). Heeter moved to approve the minutes as corrected, seconded by Russek, carried 5-0.
Petitions were accepted to the Agenda as follows: Consent Agenda Item E1, Auditor, "Approve Tobacco License, Mai Bang, MT Liquors, Otsego" (Gruber); Item For Consid. #3, "Transportation Alliance Regional Meeting" (Eichelberg); Item For Consid. #4, "County Road 42 Detour" (Sawatzke). Item For Consid. #2 was corrected to read, "From CSAH 35 To CSAH 37." Russek moved to approve the Agenda as amended, seconded by Mattson, carried unanimously.
On a motion by Russek, second by Heeter, all voted to approve the Consent Agenda as amended:
1. Performance Appraisals: R. Halderson, M. Palmquist, J. Zander, Aud./Treas.; J. Palm, G. Stoppelman, M. Wuollet, Bldg. Care; T. Janikula, P&Z;
2. Claim, Frank Madden, $7,417.90.
3. Approve Charitable Gambling Application LG220 & Waive 30-Day Waiting Period, Humane Society of Wright County, (Rockford Twp.).
4. O/T Report, Period Ending 8-29-03.
5. 2nd Quarter Training Reports.
B. COURT ADMINISTRATION
1. Accept Resignation, Darlene Greer, Court Clerk, Eff. 9-10-03. Refer Replacement To Personnel Committee. Permit Offset Of Unpaid Wages Toward Temporary Help Due To The Vacancy, Effective Immediately.
C. PLANNING & ZONING
1. Accept The Findings & Recommendations Of The Planning Commission For The Following Rezonings:
A. Approve Request To Rezone From AG To A/R, Wurm-Paumen LLC (Corinna Twp.).
B. Approve Request To Rezone From AG To A/R, Merle Henry Nieskens (Corinna Twp.).
1. Acknowledge Appointment, Melissa Lauer, Deputy Sheriff, Eff. 9-22-03 (Grade 5).
1. Approve Tobacco License, Mai Bang, MT Liquors, Otsego. (Gruber)
Doug Gruber, Auditor/Treasurer, referenced a letter from Middleville Township. The letter states that the Township was presented with a "Petition for Township Intervention" because of residents who have experienced runoff, backups, and property damage which they feel is related to culvert replacement and general repairs done to culverts located on CR 35, west of Gowan Avenue and east of Hoyt Avenue. The petition said causes of unexpected runoffs include: 1) A new channel dredged between Wolf Lake and Wolf Creek immediately west of the culvert location. Wolf Lake used to act as a temporary sump area holding the waters temporarily but is no longer functioning as a holding basin. The water runs straight through the area with nothing to slow it down or control the rate of the runoff. 2) The new culvert just west of Gowan Avenue appears to be larger than before repairs and the channel has been rip-rapped to provide a deeper and wider channel for the water to flow through. This caused a backup at the 5th St. SW bridge over Ditch 3 and the water back flowed across two pieces of land and through a small culvert under 5th St. SW that was never designed to handle that volume of water.
Linda Decker referenced the area and said the problem has to do with the rate of flow (not the volume). She attributed problems to culvert work done on the east leg of Ditch 3 and the culvert under CSAH 35 (west of CR 7 and east of Hoyt Avenue). Problems are occurring even with the low precipitation this year. They did receive 4.6 inches on June 24th. Decker distributed copies of photographs, maps and a letter from the DNR (declaring the field ditch on the Decker's property private and no longer a part of the public waterway system). Decker has lost a significant portion of her field, including 18" of topsoil and the entire plant life. The photographs show bridge damage, but Decker was unsure whether it was related to flooding or the increased rate of flow. The face of the bridge on 5th Street has been sheered off and the embankment is gone. The DNR has informed them of what improvements can be made to their property. Permits are not required as it is on private property. All photographs were taken since April, 2003. She said the photos reflect plant coverage until June, then it was stripped bare.
Linda Decker lives on the south side of CSAH 35. Decker said that the water used to flow at a slower rate under CSAH 35 and into a flood plain north of 5th Street. Mattson said the Crow River flows through his farm. Due to the water received during the last two years, the marsh is black. Water destroys vegetation. He did not feel the Highway Department could do more than they had done to control the water. Decker said a letter sent to the Highway Department in April questioning culvert capacities on 5th Street was never addressed, and she did have confirmation that they had received it.
Wayne Fingalson, Highway Engineer, brought forth an aerial photo (taken in the Spring of 2002) prior to the timber culverts being replaced. He confirmed that the size of the culvert replaced under CSAH 35 was the same size as previous. There was also some ditching completed to allow water to flow away from CSAH 35. This ditch has always been there. Under CR 7, there is a 36" culvert and a 30" culvert which have been flowing at full capacity on a regular basis. There previously were two 4'x5' timber culverts which were replaced with two box culverts (same width). Fingalson thought a large amount of the problems have been caused from the Crow River backing up. With regard to Decker's comment on the Highway Department not responding to her April letter, Fingalson said Decker came to the Highway Department and met for 2.5 hours on questions from the letter. They discussed how hydraulics are determined and Decker was provided with charts. Fingalson felt that all questions were answered as they meet personally. Decker responded that although they met, she never received a phone call.
Linda Decker referenced a cut out area in the berm around Wolf Lake on the west side. Fingalson responded that this area was cleaned out to move water away from CSAH 35, and was done with the approval of the DNR. Decker requested a copy of the permit. Fingalson said CR 7 acts as a dam with the exception of the two culverts. The Highway Department has completed work and replaced culverts in this area, as well as 27 other culverts in the County due to the 2002 rainfalls. Steve Meyer, Highway Department, said with regard to CSAH 35 and Wolf Lake, the basin fills up during most Springs and heavy rains. Until the two culverts release the water through, CSAH 35 will be flooded. The water level rises and falls rapidly and drains all the way from Rock Lake. The creek is starting to flatten as it can only take so much water. County wide, there is tremendous amount of damage to both County and Township systems. The DNR permit will allow impact of up to 10,000 sq. ft. of wetland. The ditch was always a ditch and they performed a clean out. He said problems are occurring with culverts silting shut.
Dale Nygaard referenced the DNR permit and felt 4' of material was removed from the ditch. Meyer responded that this was not correct. What was removed is still there but leveled off. Nygaard said the DNR was surprised that the clean out effectively drained both swamps. Although the course of the ditch was not changed, the level was lowered below the basin and the Lake. Meyer stated that the work was completed when it was dry. It does happen where the basin will empty completely out. The clean out enhanced the flow from the outlet to the creek. There was a tremendous amount of water flowing through this area. Meyer said the entire system is changing due to the silt and the weight of the blacktop on CSAH 35. A mud wave has been created further out. To fix this area, Fingalson estimated the cost at $750,000. This area had been reviewed previously for repair but it was not completed due to the cost involved. Therefore, periodic closing of roads occurs. He said Highway 7 is the key in dictating what flows to the east. The DNR permit is a standing permit (7 years) and flood repair permit (5 years) and is renewed every 5 years. The DNR has the opportunity to review the work at the time of application.
Linda Decker reiterated her problems and concerns. Fingalson suggested contacting the SWCD. Dixon responded this had been done but they did not have time to provide assistance. Russek stated that if this involves a private ditch, the County Board does not have authority to assist. With regard to the rate of flow, the rate is still controlled by the same size of culvert. Meyer said the entire area held water for a long time and killed the vegetation. This has also happened in other parts of the County.
Don Decker has not seen the culverts flow as fast until the last two years. Even in 2002, the water did not flow as fast as this year. He said the Township continues to fill holes on the bridge. He spoke of problems associated with water flow near the bridge.
Linda Decker said she will be required to coat the underside of their driveway bridge with concrete as so much water is flowing through. Large boulders will also need to be put back in place. Russek said on his property, he tiled 150 acres in 1983. The last two years were the first time he has lost crops since then. He said no system can handle the amount of water which has been experienced. Decker said this issue would need to be addressed before Spring runoff. They were not asking for help on the private property but wanted verification that the flow rates would not continue to erode their property. Eichelberg said that it was verified the culvert size did not change and that is what determines the flow rate. The flow rate may have changed as it is a new culvert and not plugged. Eichelberg suggested that the Highway Department and Township Board review the situation and research any possibilities of what could be done within the County Board's authority.
Robert Berg, Middleville Township, said the easterly bridge on 5th Street is eroding and inquired on bridge funding to increase the size of the box culvert. This would increase the flow and the water would not back up. Fingalson said funding would not be available and felt this may make the situation worse.
Frank Lowry, neighbor east of Deckers, said the water flows into his 40 acres and felt the water backup was due to the culverts. He commended the Highway Department on the job they were doing. He questioned if a sewer project can benefit by using public waters on private land, then why can't private owners be compensated for repairs due to damage done by the same public water. This has happened due to the flooding conditions caused by Wolf Lake. He felt the expense was too much for one owner. He said Ditch 3 runs across his property. If the sewer project comes through, they would benefit by that ditch.
The next Agenda item discussed was the CR 42 detour. Due to a crash which recently occurred, Sawatzke asked Fingalson to look into it further. The detour was set up for the work done to repair the gabion wall failure along CSAH 42. The detour route chosen was Hwy. 37 as this was the path of least resistence. They thought it was better to have the detour route traffic to Hwy. 36, which is a signalized intersection. The crash involved a semi truck traveling east which crossed the median into oncoming traffic. The crash occurred west of the intersection. The truck driver left the scene and was apprehended at the intersection Hwy. 37 and TH 101 which may have caused the confusion that the detour route was involved. Discussion followed on those following the detour route who may choose to turn left onto TH 101. Sawatzke said it would be almost impossible to do so during rush hour. Fingalson said that those who know the area will use Hwy. 36 instead of proceeding to this area. Sawatzke's concern was for those who are not familiar with the area. Fingalson said safety is their first concern and the Highway Department feels that this is the best route for the detour. The project is expected to be completed in approximately two months. Fingalson will contact the Mayor of Otsego and inform him of the situation.
Gruber provided an update on Ditch 33. Now that the water has receded from previous measures to drain the area, Gruber said the consensus of Sawatzke, Saxton and himself was to lay a 24" tile over a 20-acre farm field (appx. 2000' of 24" tile). There is also some blockage where the culvert runs under the railroad tracks. It will be investigated as to whether this is the County's or the Railroad's responsibility. Sawatzke has contacted the Township and requested they clean out the culvert under the Township road. Saxton is to write the specific language for the bid process. The work will be completed in mid to late October. It was the consensus that the approval to proceed was given previously and that bids should be brought back to a Board meeting in early October.
Correspondence was received from Lois Polzin regarding Ditch 8 (Cokato Twp.). The last clean out was performed in 1977 and clean out is requested. Russek moved to authorize Gruber and Mattson to view the property with the owners and to come back to the Board with a recommendation. The motion was seconded by Heeter and carried 5-0.
Bids were sought to repair a blow out in County Ditch 34. Russek contacted two contractors and one responded. The quote received was from Elmer J. Peterson Co. for $325.00. The repair is for one tile located south of Highway 12 and west of Dague Avenue on the Terri Johnson property. Russek moved to authorize Elmer J. Peterson Co. to proceed with repairs at a cost of $325.00. The motion was seconded by Sawatzke and carried 5-0.
Correspondence was received from Corinna Township relating to the $20,000 assessment associated with the road improvement project for T-175 (Schroeder Park), Ireland Avenue. Payments received by 9-25-03 are without interest. The Capital Improvement fund had a balance of $228,000 as of last week (if the bond proceeds are not included). This fund receives turn back money at the end of each year. On a motion by Heeter, second by Mattson, all voted to pay the $20,000 assessment out of Fund 34, Capital Projects, Site Improvement line item.
Mattson moved to approve the claims as listed in the abstract, subject to audit. The motion was seconded by Russek and carried 5-0.
Brian Asleson, Chief Deputy Attorney, presented a draft resolution relating to the CROW-Clean Water Partnership Phase II Grant Application. If approved, the resolution and application will be submitted the end of this week by Diane Sander from the CROW organization. The resolution provides for a cash match of $18,990 over a three-year period. This issue was discussed at recent Budget sessions. Russek moved to adopt Resolution #03-61 with funding from the Professional Services line item. The motion was seconded by Heeter and carried 5-0 on a roll call vote.
Asleson said a meeting was held on 9-9-03 with staff, Sawatzke, Russek and Kurt Deter, Rinke-Noonan, to discuss ditch issues. At the request of the Attorney's Office, this meeting was made private due to the legal issues involved. As a result of this meeting, the Attorney's Office will draft a letter to the Carlisle Development to schedule a meeting. The developer wishes to meet with the City, County and staff before 10-7-03, which is when the Ditch 33 issue will be addressed by the County Board. Once the date has been set, Asleson will bring the information back to the Board.
Asleson said Kurt Deter also suggested that the County Board proceed with addressing policies, etc., with regard to urbanizing areas on County ditch systems. Sawatzke moved to establish a Ditch Authority Workshop, to include the entire Board, on 10-14-03 at 1:00 P.M. The motion was seconded by Russek and carried 5-0.
A Building Committee meeting was held on 9-10-03. Mattson moved to approve the minutes, seconded by Russek, carried 5-0. A summary of the minutes and recommendations follows:
Request For Glass Security Front, Reception Area, Human Services Building. This item was continued from the 8-27-03 Building Committee meeting. Mattson looked at the reception areas on 3rd and 4th floors and at the Human Services Center. He felt communication is hindered with the type of installation on 4th floor and recommended a configuration similar to 3rd floor. Recommendation: Hold this item until the 9-24-03 meeting to obtain price quotes from Facility Systems for configuration similar to that on third floor for both a partial and full glass front.
Remodeling Project Update. Engel reported Phase 3 is on schedule, all materials are here, labor is available and the contractor expects to meet or exceed the November 7 completion date. The Phase 1 final inspection list has been completed with the exception of some duct work and inspection of Phase 2 was conducted last week. Most of the items on the Phase 2 list are detail items. There was brief discussion on P&Z moving back to their department while finishing work was still being done. Norman has requested Buskey install corner guards on all corners, to be installed prior to moving furniture back into remodeled areas. Plastic mats will be required underneath all chairs with rollers to protect the carpet. The Committee agreed that these measures be taken. Engel reviewed cost items on Change Order #4. Recommendation: Approve PR 16 & 17.
Carpet Replacement. A request has been received to replace worn carpeting in C127 and C128. Carpeting used in the previous remodeling project has been discontinued, however the manufacturer has 1,000 yards of carpet which is a very close match. A minimum order of 440 yards is needed. Carpeting is also worn in the Community Room and the County Coordinator's Office area. Combining these areas with carpet for C127 and C128 would meet the minimum order requirement. Engel stated this carpet wears exceptionally well as it is a woven carpet and is normally $22/yard plus $7/yard for installation. The cost to recarpet the Community Room would be $6,000 and $3,750 to replace the carpet in the Coordinator's Office area. Mattson and Eichelberg were under the assumption these areas were to be recarpeted during the remodeling. Recommendation: Approve carpeting the Community Room and the Coordinator's Office area with C127 and C128 contingent upon an installed cost not to exceed $30/yard.
Heat Exchanger & Piping Upgrades, Boiler Room. A cost of $32,770 has been received to replace both heat exchangers in the boiler room or $21,800 to replace the one that is 35 years old. It appears it may be possible to repair one of the heat exchangers. Buskey stated they are leaking and would like to get the work done before the heating season. Norman recommended funds be taken from Site Improvement rather than the Building and Maintenance budget. Hayes stated he is waiting for a quote from a second contractor. Recommendation: Approve contingent upon obtaining a second quote and award to the lowest bidder with funding from Site Improvement.
Add Ventilation To Evidence Storage Room. Mattson reported that Heeter talked to the employee who works in the evidence area and that the employee does not feel additional ventilation is needed. An estimate of $6,180 was received for additional ventilation. Sheriff Administration has not requested this be done. Recommendation: Not take any action at this time.
Other. There was brief discussion on the logistical aspects of tiling the first floor corridor and stairs upon completion of Phase 3. Hayes reported the South entrance and parking ramp will need to be closed during the upcoming concrete repair work. He will be working on signage for routing traffic for both of these projects.
A Personnel Committee meeting was held on 9-10-03. Sawatzke moved to approve the minutes, seconded by Russek, carried 5-0:
Temporary Replacement, Communication Officer. A current Communication Officer has been granted a six-month leave of absence and there is the possibility that this could be extended for up to an additional six-month period. Since dispatch services are required 24-hours a day, 7-days a week, this person's shifts must be covered. After discussing alternatives the most feasible solution is to fill the position authorized in the 2004 budget as soon as possible. The current employee's leave status will be revisited in mid-January.
Replacement Authorization, Child Support Officer. (Human Services Board Item)
Replacement Authorization, Public Health Nurse. (Human Services Board Item)
A Technology Committee Meeting was held on 9-08-03. Heeter moved to approve the minutes, seconded by Russek, carried 5-0: Review Responses To RFP For Local and Long Distance Services. Swing provided a background update on moving to a digital local phone service. He recommended proceeding with a three year contract with Qwest for digital local services which requires a switch upgrade at a cost of $22,000. The overall cost of local service under Qwest is equivalent or lower to AT&T when considering monthly rate and speed of installation. The cost of the switch upgrade will be covered by savings in the 2003 telephone budget. Swing also recommended deferring a decision on long distance service until October when final approval by PUC allowing Qwest to provide long distance service is expected. The current long distance contract with AT&T expires on 1/1/2004. A common carrier for both local and long distance will allow for future "pooling" of facilities. Recommendation: Proceed with the three year contract with Qwest for digital local services and upgrade the switch at a cost of $22,000. Approve entering into a contract with Qwest for long distance service contingent upon approval by PUC. If PUC approval is not received the Committee will review other long distance options.
Russek moved to adopt Resolution #03-62 approving a Speed Zoning Resolution for a section of CSAH 12 (from CSAH 35 to CSAH 37). The motion was seconded by Mattson and carried 5-0 on a roll call vote.
On a motion by Mattson, second by Sawatzke, all voted to authorize attendance at the Transportation Alliance Regional Meeting on 10-6-03 in St. Cloud.
Advantage Water Conditioning 111.67
AMI Imaging Systems, Inc. 2363.88
Ancom Communications, Inc. 2913.00
Ancom Technical Center 356.64
Avtex, Inc. 4665.88
B&D Plumbing & Heating 362.00
BLM Technologies, Inc. 797.10
Bucks Pizza 120.29
Buff'N'Glo, Inc. 192.00
Buffalo Clinic 107.00
Buffalo Country Inn 321.10
Buffalo Hospital-OTPT Commerci 236.90
Center Point Energy 1481.36
Central Lock & Safe 231.00
Climate Air 5889.21
Deatons Mailing Systems, Inc. 1188.00
E-Z Flush 405.71
EPA Audio Visual, Inc. 216.56
Ergo In Demand, Inc. 587.00
Facility Systems, Inc. 718.24
G&K Services 1591.34
Gall's, Inc. 161.00
Going Under Dive Center 605.48
Gordy's Foods 198.73
W Grainger, Inc. 784.39
Greenview, Inc. 11,797.03
H&H Sport Shop, Inc. 114.00
Heeter, Karla 108.72
Herald Journal Publishing, Inc. 500.61
Hickman Service, Inc. 154.43
Hillyard Floor Care Supply 4028.54
Interstate Automotive 125.00
Kandiyohi Cty Sheriffs Departm 3930.00
Lakedale Telephone Company 112.48
LaPlant Demo, Inc. 862.00
Loaf & Ladle 117.57
Marco Business Products 1697.67
Martin-McAllisters Consulting 350.00
Meeker County Sheriff 4565.00
Minnesota Corrections Assn 300.00
MN Counties Computer Co-op 1700.00
MN GIS-LIS Conference 210.00
MN State Auditor 13,641.81
Modern Office 1242.59
Monticello Times 116.60
Monticello-Big Lake Hospital 1000.00
Morrison Cty Sheriff 1900.00
Mpls Medical Research Foundtn 180.00
Nami St. Cloud Area 280.00
Office Depot 1792.76
Onyx FCR Landfill, Inc. 160.00
Oryans Conoco 140.00
Pats 66 128.00
Photo I 863.79
RS Eden 677.25
SBC Paging 1171.80
Scott Cty Court Services 130.00
Sheriffs Youth Program of MN 3434.13
Simplex Grinnell LP 300.50
Specialty Seeds, Inc. 238.56
St. Paul Legal Ledger 176.57
State of MN Intertech Group 113.97
State of MN - Info Tech Div - Dale 121.35
State Supply Co. 152.04
Unger, Larry 104.28
Uniforms Unlimited 113.56
United Parcel Service 154.46
Verizon Wireless 152.97
Viking Coca-Cola Bottling Co. 183.50
Waste Management TC West 1144.99
Weinberger, James 339.84
Wessman Oil Co. 140.64
Wright County Highway Dept. 27,009.46
40 payments less than $100 4469.52
Final Total $133,132.24
The meeting adjourned at 10:38 A.M.