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Wright County Board Minutes

FEBRUARY 3, 2004

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

Russek moved to approve the minutes of 1-27-04, seconded by Mattson. Richard Norman, County Coordinator, made a correction to the last paragraph, 11th sentence, should read, “The cost of issuance was estimated at $20,000 but the actual funds available should be closer to $590,000” (Norman). The motion and second were amended to include the correction to the minutes. The motion carried 5-0.

Heeter moved to approve the Agenda as presented, seconded by Russek, carried 5-0.

On a motion by Eichelberg, second by Russek, all voted to approve the Consent Agenda:

A. ADMINISTRATION

1. Performance Appraisals: T. Piram, P&Z; J. Hagerty, R. Howell, T. Sandin, M. Treichler, A. Weis, J. Wirkkula, Sheriff.

B. AUDITOR/TREASURER

1. Approve Tobacco License: Flintstones Lounge (Clearwater City).

2. Claim, McCombs Frank Roos, $311.50, December Services (Fund 61 Sewer).

3. Accept Resignation, Rebecca Ha1derson, Office Assistant, Eff. 2-27-04 & Authorize Replacement.

C. COURT ADMINISTRATION

1. Acknowledge Hire, Donna Veasaw, Court Clerk, Eff. 2-9-04, Class D, Step 3.

D. SHERIFF

1. Refer To Personnel Committee Discussion RE: Hiring A Deputy To Fill One Of Two Deputy Sheriff Positions Vacated By National Guard Call Ups. Refer To Building Committee Discussion RE: Installation Of Modular Furniture @ Sheriff’s Annex.

Doug Gruber, Auditor/Treasurer, presented the claims listing for review. Gruber referenced a claim on page 10, St. Cloud Technical College ($333.60), Tuition- Thinesen and another on page 10 to Philip Thinesen ($67.25), Book Reimbursement. Gruber requested these claims be pulled as they may qualify for payment under the tuition reimbursement policy. In order to qualify for reimbursement, the recipient needs to complete the course and show proof of a passing grade. Gruber requested that the two claims on page 27 relating to ditch repairs be removed as they were already paid (Elmer J. Peterson Co., $325.00 and Fy1es Excavating & Honey Wagon $3,275.00). The two claims had already been removed from the signature copy of the claims listing. Norman referenced a claim on page 18, Hennepin County Treasurer ($30,427.71). Upon researching the claim, Norman found the claim refers to bridge maintenance charges for 2000-2001 with a notation that the 2002 fmal figure will be negotiated. Russek moved to refer the claim to the Transportation Committee Of The Whole Meeting on 2-9-04 for an explanation from the Highway Engineer. The motion was seconded by Mattson and carried 5-0. Heeter moved to approve the claims as listed in the abstract, subject to audit, with the exception of the two claims relating to the tuition reimbursement for Thinesen and the claim to Hennepin County Treasurer. The motion was seconded by Russek and carried 5-0.

Marc Mattice, Parks Administrator, said the Board previously authorized obtaining an appraisal on land by Stanley Eddy Park. The land value of the 31.5 acres, with entitlement, was appraised at $160,000 ($5079/acre). Without the entitlement, the appraisal was $110,000 ($3492/acre). The appraisal was completed by Craig Hansen, Area Real Estate Services and Appraisals. Cost of the appraisal is $450.00 to be paid by Wright County. The County is in the process of applying for a grant and the application is not due until the end of March. The grant would cover 60% of the appraised value and anything beyond that would be funded by the County. An e-mail was received from John Hasselberg, the property owner, stating he did not feel the appraisal met his expectations. He referenced the land being surrounded on two sides by parkland, on another side by CSAH 2, and on the last side by land that will not be developed. Hasselberg prefers to keep the land public accessible but seeks to obtain more than what the appraisal reflected. Regarding the building entitlement, Hasselberg indicated that the property across the road would not be sold for a long time, if ever, but as it is over 40 acres could be built upon. He requested consideration of a re-evaluation or re-appraisal due to the relative uniqueness of the site. Mattson made a motion not to proceed with another appraisal of the property, seconded by Russek. The motion and second were amended to direct Mattice to contact Hasselberg to fmd out the value he is seeking for the property. The motion carried 5-0.

Brian Asleson, Chief Deputy Attorney, requested the Board schedule a Public Hearing relating to a request for a setback variance under the Feedlot Ordinance. The request was received from Gordon Marquette, Section 33 in Chatham Township. Marquette wishes to split off a parcel for his daughter to build a home approximately 350’ from his feedlot.

Ordinance requires a 500’ setback. The Ordinance requires the Board to hold a public hearing published at least 10 days prior to the hearing. Asleson said after the last hearing on this type of request, he reviewed the Ordinance. Wright County’s Ordinance was modeled after Carver County’s. The same year as the adoption of the Ordinance, legislation was passed on the reciprocal setback requirements. In Statutes, reference is made to the section dealing with the Board of Adjustment (BOA) in the Planning & Zoning Statutes. It appears that in order to be fully compliant with State Statutes, these type of variance requests should be sent to the BOA. For the time being, the Ordinance will remain the same. Russek moved to schedule the Public Hearing for 2-24-04 at 9:30 A.M. The motion was seconded by Eichelberg and carried 5-0.

Sawatzke questioned the status of the last request for a variance by Craig Lindberg. At that time the feedlot owner, Scott Carlen, indicated he may legally challenge the Board’s decision. Asleson said he was contacted by the party 29 days after the decision was mailed. The appeal period to district court is 30 days if the request is handled by the BOA. Because the request was handled by the County Board, this appeal period could be expanded to 60 days. Asleson discussed the situation and Ordinance language with Planning & Zoning staff. The language refers to setbacks from existing feedlots, however this situation deals with a feedlot that is not in existence. The setbacks were met from the current feedlot and there may have been no need for the process. Planning & Zoning may have been overly cautious with the request. Sawatzke questioned whether a feedlot would be considered in existence if it has only submitted an application. Russek said there was also a question as to who applied first. In response to Eichelberg, Asleson did not recommend placing a moratorium on future variance requests while the process is studied. Asleson said Planning & Zoning staff do have recommended changes to the Ordinance language. Mattson questioned whether cities have to be as strict as the Ordinance requirements. Asleson recalled that the Ordinance was only valid in unincorporated areas.

Asleson presented a request to authorize signatures on a credit card processing agreement between Wells Fargo and Court Administration. Both Court Services and Court Administration recommend approval The agreement contains a program guide that does not provide opportunity for change. Also included are specifics with regard to pricing. The agreement period is 3 years which may be of concern due to the State’s takeover of Court Administration on 7-1-05. An addendum could be drafted but this would delay the process by 3 weeks. Penalty for early termination of the agreement is $125.00 (if terminated after 6 months). Since the County is already a Wells Fargo customer, Wells Fargo may waive the penalty. The representative could not conflITll this without approval. The intent of Court Administration is to continue to use the program after the State takeover but the County would not be the responsible party after 7-1-05. Sawatzke had concern with entering into the agreement with prior knowledge of the State takeover and potential fees which may be associated with termination. Mike MacMillan, Court Services Director, attended the meeting with Wells Fargo. He said it is clear the contract will change in 18 months but the County will continue as one of the contractors beyond that point. It is felt that more departments will also use the credit card system at that point. Eichelberg inquired whether counties that the State has taken over are on this type of contract. La V onn Nordeen, Court Administrator, said that the counties contacted were within the 10th Judicial District and didn’t feel there were enough on at this point to have one vendor for service. Gruber stated there are other departments interested in accepting payments by credit card. Gruber did not want to proceed on that broad of a scale to start. Gruber supported proceeding with Court Administration and Court Services at this point. The public has inquired whether this method of payment is available. Asleson said he was unaware of the interest by the other departments. He felt he could contact Wells Fargo to inquire whether the addition of other departments prior to 7-1-05 would take away the concerns with the term of the contract. Asleson recalled the interest rate of 1.25% was presented to the Budget Committee Of The Whole. Asleson will check with Wells Fargo to determine whether the interest rate applies to the 3-year period. Eiche1berg moved to approve the credit card processing agreement with Wells Fargo and to direct Asleson to make sure the agreement is with Wright County (not just Court Administration) and that the interest rate is flITll for the 3-year contractual period. The motion was seconded by Heeter and carried 5-0.

A Building Committee meeting was held on 1-28-04. Mattson moved to approve the minutes, seconded by Russek, carried 5-0:

Remodel Proiect Update. Remodel of the Assessor’s Office will be completed next week. The punch list for the first three phases of the remodeling project will be completed by the end of this week. The status of the concrete repair project on the south entrance was discussed. The water proofmg warranty has been received for review. Hayes reported the contractor has submitted a pay request for $29,000. There was discussion on the retainage amount, whether there should be any deducts for materials and labor, dollar amount for the caulking which will not be done until Spring, and training on the electrical system. Hayes is in the process of setting up an inspection appointment with the engineer. Recommendation: Hayes will present a recommendation regarding payment to the contractor after the inspection has been held and a breakdown has been done to determine the caulking amount.

Checklist For Security Monitoring & Maintenance. This item was laid over from the last meeting for Swing, Hayes and Sheriff Miller to meet and make a recommendation to the Committee. Swing stated before they can proceed with developing a checklist it became apparent that an inventory of the various systems needs to be done. KRN is working on an inventory which will include carded doors, panic buttons and the fire alarm system. Some of the other systems which will need to be added to the inventory include camera systems, and motion and temperature detectors in the IT Department. A recent alarm occurrence at the Public Works Building was mentioned. Norman stated an Incident Report form should be completed in such instances. Swing stated there are two issues involving the various security systems: 1) maintenance of the systems to assure they are in proper working condition, and 2) identifying who is to respond when a system is activated. It was suggested that Wayne Fingalson or Wayne Luetgers also meet with Swing, Hayes, and Miller to include systems at the Public Works Building, as well as Al Buskey for the Government Center and Human Services Center. Recommendation: Continue to inventory the various systems at each of the buildings and develop a checklist to present to the Committee when completed.

A Civil Defense Committee meeting was held on 1-28-04. Russek moved to approve the minutes, seconded by Mattson, carried 5-0:

Emergency Operations Plan. At the 5-28-03 Committee meeting the recommendation was made to accept the proposal submitted by Steve Berg to update Wright County’s Emergency Operations Plan in accordance with State requirements. The updated Plan was distributed for today’s meeting for discussion and review. An extension has been received until March 1,2004 for submittal to the State. Discussion centered primarily upon distribution of the Plan, whether sections which may contain sensitive information should be pulled from general distribution copies, data privacy and inclusion of names and home phone numbers, exercising the Plan and, future updating of the Plan to keep it current. There was consensus for Helgeson, Reese and Berg to meet and review the Plan for corrections and revisions. Reese will contact the State to conflITll dates for submission of the Plan and expenditures from the grant. Recommendation: The meeting was recessed to February 11,2004 at 9:00 A.M. for fmalization of the Plan.

A Personnel Committee meeting was held on 1-28-04. Eichelberg moved to approve the minutes, seconded by Mattson, carried 5-0:

Performance Appraisal - Larry Unger, Recorder. Based on the submittal of four performance appraisals the Committee recommends an overall rating of “Exceptional.”

Performance Appraisal - Genell Reese, Veterans Service/Civil Defense Director.. Based on the submittal of three performance appraisals the Committee recommends an overall rating of “Exceptional.”

Personnel Policy and Procedure Manual. The Committee reviewed the Introduction section, Defmitions, and Section 100. The defmitions of “Position and Retirement” will be reworded by staff and brought back to the Committee. The defmition of “Termination” was changed to read, “The permanent, involuntary separation from County employment.” The Policy Statement in Section 1 00 will be reworded by staff and brought back to the Committee. A sentence will be added to Section 104.07 relating to vacations. The Committee will review Sections 200 and 300 at their next meeting to be held on February 11th.

A Ways & Means Committee meeting was held on 1-28-04. At today’s Board meeting, a correction was made to the minutes, last sentence, change the contract period to “February 1, 2004 through December 31,2004.” The minutes and discussion at today’s meeting follow:

Agricultural Inspection Services. Johnson stated that several functions such as fertilizer sampling, seed sampling, waste pesticide program, empty container program, etc., were done by State staff. With the State budget cuts these will now be performed by the County Agricultural Inspector. He currently does licensing for commercial and non-commercial business. Weed control is less time consuming but he does conduct inspections for CRP, rights-of-way, U.S. Fish & Wildlife lands, cemeteries, and biological controls. Each city and township is required to name a weed inspector. The County is still required to have an Agricultural Inspector. After discussion, it was agreed to add a paragraph to the contract that deals with the recently approve Zero Phosphorus Ordinance. Recommendation: Renew the contract with AG ENTERPRISES, LLC. for the period February 1,2004 through December 31,2005. The compensation for services shall be $1,010 per month from February 1,2004 through December 31, 2004, and $1,030 per month in 2005.

At today’s Board meeting, Asleson referenced the draft contract and highlighted the changes. Paragraph I reflects the change in term of contract to run through 2005. Paragraph 3 is new relating to the enforcement of the Zero Phosphorus Ordinance. Ken Johnson has indicated he is willing to deal with landowners and fertilizer dealers. The Board requested that the language in the contract be changed to include education of the Ordinance in item #3. It was suggested that a newsletter be sent to the townships and lake associations outlining the role of the Ag Inspector and information on the Zero Phosphorus Ordinance. Paragraph 4 of the contract outlines the payment terms. A sentence was added to Paragraph 6 relating to the Board’s authority to cancel the agreement. In the past, this has been the responsibility of the Commissioner of Agriculture. Sawatzke said Johnson indicated he has been responding to calls and that some functions he does without receiving calls. He does visit all hardware stores in the County to check labels. It was suggested that Johnson attend a Township Officers Meeting to answer any questions. Russek moved to authorize signatures on the contract with Ag Enterprises, LLC, to include the changes in the contract as previously noted with regard to contract period and education about the Zero Phosphorus Ordinance. The motion was seconded by Mattson and carried 5-0. On a motion by Mattson, second by Russek, all voted to approve the minutes as corrected.

Eichelberg moved to cancel the 3-30-04 County Board Meeting due to the occurrence of five Tuesdays in March. The motion was seconded by Russek and carried unanimously.

Norman stated that the next Quad County meeting will be hosted by Wright County. He suggested the date of 3-30-04. Eichelberg proposed that the counties involved meet during the upcoming AMC Legislative Conference in St. Paul. It was felt that Wright County could then host the next meeting on 6-29-04. Eichelberg moved to delay this request for 1-2 weeks to allow Norman an opportunity to contact Quad County members to inquire whether they would be in favor of meeting during the AMC Legislative Conference and scheduling another meeting for the end of June. It was felt that discussion at the Conference should involve current legislation and any items specific to Central Minnesota that they may desire to discuss with the Legislature. The motion was seconded by Mattson and carried 5-0.

Russek said the Mid MN Mississippi River RC&D met last week and would like to have the Articles of Incorporation signed. Board action is required authorizing Russek to sign. Asleson has reviewed the document. As this is a non-profit organization, the Board Chair is not required to sign the document. It can be anyone of the Board members. The formation of the group as a non-profit organization was done for the purpose of applying for grants and coordination of projects. They are currently working on the bylaws. The cost to Wright County is $1O0/year. Funding from the Department of Agriculture is used for the director and half time staff. The office location is undecided and is also federally funded. Heeter moved to authorize Russek to sign the Articles ofIncorporation, seconded by Eichelberg, carried 5-0.

Bills Approved

Albertville Body Shop, Inc. 1463.65

Allina Medical 195.00

American Bio Medica Corporatio 442.50

American Society of Civil Eng 205.00

Ameripride Linen and Apparel 222.78

Ancom Communications, Inc. 329.00

Ancom Technical Center 181.82

Annandale City 959.40

Anoka County Juvenile Center 1152.00

Aramark Correctional Services 4885.38

B&D Plumbing & Heating 336.00

Barnes Distribution 227.87

BLM Technologies, Inc. 165.00

Bode Technology Group, Inc. 7500.00

Bowman Distribution 689.97

Buffalo Clinic 174.00

Buffalo Hospital-OTPT Commerci 1575.65

Buffalo Transmission 101.66

Buildings Consulting Group, Inc. 263.25

C&C Embroidery 530.00

Case Credit 113.41

Cellular One 669.50

Center Point Energy 6038.64

Centra Sota Lake Region, LLC 11,305.00

Central MN Mental Health Cntr 300.00

Clearwater Township 1159.30

Clearwater City 486.00

Cokato Township 582.65

Cokato City 1153.64

Consulting Radiologists LTD 370.00

CPS Technology Solutions 195.00

Franklin Denn 448.96

Desert Engineering Group, Inc. 151.31

East Central Regional Juvenile 7335.00

Ecolab 194.59

EPA Audio Visual, Inc. 104.08

Exxon Mobil 546.09

Facility Systems, Inc. 460.40

Franklin Township 599.40

Gale-Tec Engineering, Inc. 454.00

Gateway Companies, inc. 1106.94

Global Wquipment Company 1558.38

Government Training Service 805.00

W Grainger, Inc. 259.31

Hanover City 1477.00

Hennepin County Trasurer 30,427.71

Hickory Tech Enterprise Soluti 4118.25

Hillyard Floor Care Supply 1718.33

Howard Lake City 1360.00

Indelco Plastics Corp 493.50

Interstate Battery Sys of Mpls 284.14

J Craft Div of Crysteel Mfg. 1670.24

Jans, Brian 150.00

Keeprs, Inc. 9267.09

KNR Communications Services, In 1461.40

Lab Safety Supply, Inc. 1267.93

Lakedale Telephone Company 120.88

Little Falls Machine 1206.56

Loberg Electric 1950.22

Maple Lake Lumber Company 296.43

Marco Business Products 4641.13

Marlin Leasing Corporation 1069.86

Masys Corporation 2628.87

McCombs Frank Roos Associates 311.50

McNeilus Steel, Inc. 753.34

Meeker County Sheriff 535.20

Midway iron & Metal Co. Inc. 139.45

Minnesota CLE 180.00

Minnesota Copy Systems 234.88

Minnesota Corrections Assn. 150.00

Mitchell 1 727.30

MN Assn. of Assessing Officers 570.00

MN Conty Engineers Ass’n 400.00

MN Dept. of Public Safety 160.00

MN Dept. of Transportation 140.05

MN Transportation Alliance 100.00

MNATSA 180.00

Monroe, Geoff 150.00

Monticello Ford Mercury, Inc. 865.03

Monticello Township 2467.60

Morrison Cty Sheriff 17,930.82

Nat’l Soc. of Professn’l Engnrs 260.00

Nextel Communications 127.20

Office Depot 1400.95

Peavey, Lynn Company 768.25

Performance Office Papers 799.28

Peterson, Alan 100.00

Photo I 605.67

PMI Computer Supplies 119.50

Postal Products Unlimited, Inc. 174.50

Precision Dynamics Corporation 1638.00

Reds Auto Electric 120.98

Rockford City 5117.00

Royal Tire, Inc. 2967.52

Ruder, Joel 150.00

Schmiginsky, Douglas 150.00

Sherburne County Sheriff 4652.70

Sherburne County Treasurer 105.44

Sirchie 130.29

Software House International, In 291.82

St. Cloud Stamp & Sign 226.86

St. Cloud Technical College 333.60

St. Michael City 4076.80

Sterling Drug 1463.40

Stieg, Theresa 517.50

Stockholm Township 380.00

Stoltz, Rosanne 510.00

Strategic Equipment and Supply 1554.90

Stratus Technologies Ireland L 7200.00

Target 230.00

Tennant 248.53

Tires Plus 778.70

Tools Unlimited 1136.10

Total Printing 305.66

US Postal Service 419.85

URS-BRW 2574.63

Vibes Technologies, Inc. 182.12

Wal-Mart Store 01-1577 371.22

Washington Cty Sheriff 240.00

Waverly City 537.75

Weber, Gordon 228.80

West Suburban Industrial Suppl 731.40

Winter Equipment Co., Inc. 829.74

Wright County Highway Dept. 2515.06

Wright County Journal Press 112.16

Wright-Hennepin Electric 239.36

Xcel Energy 1520.60

Zack’s, Inc. 748.79

Ziegler, Inc. 265.64

35 payments less than $100 1588.46

Final Total $201,347.97

The meeting adjourned at 10:09 A.M.


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