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Wright County Board Minutes

June 29, 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 6-22-04, seconded by Mattson, carried 5-0.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #3, “State Auditor Contract Addendum” (Hiivala); Aud./Treas. Item #4, “Authorization To Close Office On 7-01-04 For Funeral” (Hiivala); Item For Consid. #9, “Schedule Negotiation Committee Meeting” (Norman); Item For Consid. #10, “ATP Report” (Mattson). Heeter moved to approve the Agenda as amended, seconded by Eichelberg, carried 5-0.

Norman changed the date of Consent Agenda Item A2 from “7-14-04” to “7-28-04.” On a motion by Russek, second by Mattson, all voted to approve the Consent Agenda:

A. ADMINISTRATION

1. Performance Appraisals: J. Paripovich, Atty.; S. Ericksen, Ct. Admin.; K. Freese, IT; M. Aitchison, K. Clemence, M. Hobert, D. Johnson, P. O’Malley, Sher./Corr.

2. Refer Architect’s Final Report To Building Committee On 7-28-04.

3. Transfer $1,251,514 From Budget 820, Personal Services, To The Various Departments In The General Fund.

4. O/T Report, Period Ending 6-18-04.

5. Refer Compensatory Time Reporting To Personnel Committee.

B. HIGHWAY

1. Set Letting Date For Vehicle Storage Building On 7-27-04 @ 9:30 A.M.

2. Defer Discussion Of Parcel In City of Clearwater To A Future Board Meeting.

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 A/R & S-2, Taylor Investment Corp. (Victor Twp.).

B. Approve Request To Rezone From AG To A/R, Lampi Auctioneers (Silver Creek Twp.).

D. SHERIFF

1. Acknowledge Appointment, Alison Sturm, Communications Officer, Eff. 6-29-04 (Step 1).

Bob Hiivala, Chief Deputy Auditor/Treasurer, presented the claims for review. On a motion by Mattson, second by Russek, all voted to approve the claims as listed in the abstract, subject to audit.

Mattson provided a photograph of clean out required on Ditch 19. The water depth differs approximately 3’ from one side of the road to the other. Mattson was in contact with the property owner who concurs with the clean out. Russek moved to authorize Mattson to hire services up to $1000 for clean out as requested, seconded by Heeter, carried 5-0.

Hiivala presented an addendum to the contract with the State Auditor. The addendum outlines additional work which will be performed by the State Auditor in relation to the financial statement and audit for GASB 34. There will be a $10,000 increase in the cost for these services. Russek moved to authorize the County Coordinator and Hiivala to sign the addendum, seconded by Eichelberg, carried 5-0.

Heeter moved to authorize closing the License Bureau from 10:00 A.M. to 1:00 P.M. on 7-01-04 to allow staff to attend the funeral of Doug Gruber. The Auditor/Treasurer Office will remain open with limited staff. The motion carried 5-0 on a second by Mattson.

Greg Kramber, Assessor, requested approval to outsource the 2005 Valuation Notices to NSB Data Management Group. NSB currently prints and mails the property tax statements for the Auditor/Treasurers Office. Estimated savings are $.02 per parcel and approximately 80 hours of staff time. Outsourcing would also assist the IT Department with regard to space and maintenance issues. The estimated cost of the contract would be $21,000. In 2004, a total of 52,300 notices were sent. Kramber said the County would realize approximately a $15,000 savings in postage costs as these notices could be mailed with the Auditor/Treasurer statements in the future. Russek moved to approve the request, seconded by Heeter, carried 5-0.

At the last County Board Meeting, a public hearing was held on the need for an EAW for the Annandale Rock Products project. The Board directed staff to draw up Findings of Fact requiring an EAW. Today, Brian Asleson, Chief Deputy Attorney, presented the Findings of Fact for approval. Asleson referenced page 2 which addresses groundwater issues and road maintenance. There were concerns with surface runoff but the applicants indicated that this would be contained on site. With regard to the process, the purpose of the EAW worksheet is to bring forth information on any concerns. That document is presented to the County Board to determine whether an EAW is sufficient or whether an EIS is required. If there are issues in the EAW which can be controlled or mitigated by conditions placed by the Planning Commission or SWCD, then the County would communicate those to the other regulating bodies. The County Board would not place conditions. Mattson moved to approve the Findings of Fact and require an EAW, seconded by Russek, carried 5-0.

A Building Committee Meeting was held on 6-23-04. Heeter moved to approve the minutes, seconded by Eichelberg, carried 5-0:

Room Numbers. As part of the recent remodel, door numbers were assigned to each department. These door numbers differ from the department room numbers. The door number was assigned as an identifier for the fire department. There are 27 doors on the 2nd Floor, Annex. The Architect assigned numbers, which number consecutively from left to right. In the event of a fire, the Fire department personnel would enter the 1st Floor Annex east entrance. In the entry area, a panel would be viewed indicating the door number of the alarm. A building wall map would then be consulted to find the door number location. At today’s meeting, the Committee discussed a request originating from the Auditor’s Office to change the door numbers to be the same as the department room numbers. After the remodel, signs were hung outside of departments indicating the door number. The room numbers are not listed. Kramber and Unger felt this may cause confusion to the public. Changing the department room number to that of the fire number would result in costs associated with reprinting of stationary, business cards, etc. This action would also result in the entire door numbering system having to be changed. Cost of a new sign (8” x 8”) was estimated at $60.00. Recommendation: Order room number signs to be placed above the current fire door number signs. (End of Building Committee Minutes)

A Committee Of The Whole Meeting was held on 6-22-04. Eichelberg moved to approve the minutes, seconded by Russek, carried 5-0:

Discuss Meeting With City Representatives. Sawatzke reported he received a call from Fred Naaktgeboren, Mayor of Buffalo, regarding the agenda for today’s luncheon meeting with city representatives. The agenda calls for introductions, followed by a list of policy statements which will be presented by the cities and an opportunity for response from the Commissioners and department heads. There was brief discussion on the format of the meeting. Norman felt the meeting might be more productive if a facilitator had been used to develop policy statements rather than be in a reactionary position. Heeter stated Salkowski was prepared to address some growth issues and encouraged him to do so. Fingalson stated he was prepared to address transportation issues and feels we have a fair policy and a good relationship. Eichelberg stated today’s meeting came about because of growth issues and although perspectives may be different, it depends on how you take what is said, and that both the County and the cities are looking for solutions. (End of Committee Of The Whole Minutes)

A License and Permit for use of the Nuclear Emergency Siren System was reviewed. Sawatzke said that Genell Reese, Civil Defense Director, requested that this be signed. The agreement would be with Xcel Energy and would authorize the County to use the sirens but indicates the sirens are still the property of Xcel. Russek moved to approve the agreement contingent upon review by the County Attorney’s Office, seconded by Mattson, carried unanimously.

As part of today’s Agenda, Heeter said she had requested authorization for a jail tour in Sauk County, Wisconsin. The Agenda incorrectly listed the date as 7-30-04 and should have read 6-30-04. However, the tour will be rescheduled for 9-30-04. The tour would be of the new jail which opened last year. Russek moved to authorize attendance, seconded by Heeter. Mattson questioned the cost associated with sending more than one Board member. Heeter responded that there would be little or not cost associated with the tour. The motion carried 5-0.

Correspondence was received from the U of M Extension Service outlining upcoming Extension Service meetings. Russek moved to authorize attendance, seconded by Mattson, carried unanimously.

Tom Salkowski, Planning & Zoning Administrator, presented the findings and recommendations of the Planning Commission for the following rezonings:

1. Jarid Adickes & Katrina Wysocki (Marysville Twp.). The Planning Commission unanimously recommend denial of the request to rezone from AG General Agricultural and S-2 Residential-Recreational Shorelands to R-2a and S-2.

2. Mike Hoffman (Marysville Twp.). The Planning Commission unanimously recommend denial of the request to rezone from AG General Agricultural and S-2 Residential-Recreational Shorelands to R-2 Suburban Residential & S-2.

Russek said the Township was against both requests and they do not follow the Land Use Plan. The Planning Commission did adopt the Findings. Salkowski requested that the record reflect that both applicants were not present at today’s meeting and a copy of the Notice and Order of Denial will be mailed to them. On the first request by Jarid Adickes &Katrina Wysocki, Russek moved to accept the findings and recommendations of the Planning Commission and to authorize signature on the Notice and Order of Denial, seconded by Mattson, carried 5-0. On the second request by Mike Hoffman, Russek moved to accept the findings and recommendations of the Planning Commission and to authorize signature on the Notice and Order of Denial, seconded by Mattson, carried 5-0.

Salkowski requested the Board accept the Findings and Recommendations of the Planning Commission to adopt the “Franklin Township Land Use Plan Update-2004.” Included with the material being reviewed were the Public Hearing Minutes of 4-29-04. A second Public Hearing was held on 6-17-04 and no new testimony was offered. Russek moved to accept the recommendation of the Planning Commission to adopt the Franklin Township Land Use Plan Update-2004, seconded by Mattson. It was noted that this was supported unanimously by the Township Board and Planning Commission. This is what the planning group recommended to the Township Board. The City attended the Public Hearing and voiced their comments. Salkowski said he requested early in the process that the City and Township come to an agreement on orderly annexations. They were unable to reach an agreement. Salkowski said the City does not approve of the update but had a chance to provide input. The motion carried 5-0.

Mattson moved to adopt Resolution #04-36 for advance encumbrance of State Aid Highway Funds, seconded by Russek, carried 5-0 on a roll call vote. The advancement of $243,922.64 will be used for project SAP 86-612-18 (beginning at the north end of the City of Montrose).

Eichelberg moved to adopt Resolution #04-37, Resolution of Final Acceptance for Contract 0408 (2004 Sealcoating) and authorization for final payment of $188,871.59. The motion was seconded by Heeter and carried 5-0 on a roll call vote.

Russek moved to adopt Resolution #04-38, Resolution of Final Acceptance for Contract 0401 (2004 Culvert Project) and authorization for final payment of $59,693.00. The motion was seconded by Eichelberg and carried 5-0 on a roll call vote.

Russek moved to cancel the 8-03-04 County Board Meeting due to the occurrence of five Tuesdays in August. The motion carried 5-0 on a second by Mattson.

On a motion by Eichelberg, second by Russek, all voted to schedule a Negotiation Committee Meeting for 7-07-04 at 1:00 P.M. The purpose of the meeting is to meet with the AFSCME Union on the Family Based Services Provider Position.

Mattson provided an update on an ATP Meeting he attended last week. He said the Office of Statewide Analysis provided information on how they could assist the group. He referenced the restructuring of the Extension Office and said he did not want the same type of thing to happen. Mattson said the information was available for review.

The meeting was recessed at 9:44 A.M. and reconvened at 9:53 A.M. Franklin Denn, Monticello Township, presented for review the City of Monticello and Monticello Township Orderly Annexation Agreement. Initially, the City had petitioned to annex 11,500 acres. Through negotiation, the Agreement will not call for annexation but does allow for it. There were two issues that the Township had concern with. The first was County involvement and the second was the Orderly Annexation parameters. The Township insisted that the County be involved as was always done with orderly annexation. The Township felt it was the County Board’s decision on who should be appointed to represent the County. The Township also felt the orderly annexation area was too large and did not need to go as far as Pelican Lake. He said there were things they did not agree on but they needed to move ahead.

Discussion led to the Agreement and whether the County was a party to it. There is no County signature line on the document. A resolution was drafted by Kundrat Law Office which would make the County a signatory to the Agreement and that liability insurance coverage would be in effect. The provisions of the document indicate the County Board member representation would be selected by the City and Township. Sawatzke brought forth a possible scenario where the Orderly Annexation members could decide that the County should not perform planning and another firm could be hired (in unincorporated areas). He felt all sorts of problems would be experienced with that scenario. Tom Salkowski, Planning & Zoning Administrator, indicated that in that scenario, County zoning requirements would need to be followed whether zoning is administered by the County or an outside agency. By law, every township must be at least as strict as the county’s zoning. Separate statutes relate to annexation and joint powers ordinances. Salkowski said the City wants to make sure nothing happens until the land gets annexed into the City. Brett Holker, Monticello Township Supervisor, said the Agreement was drafted under Statute 414.0325 allowing the City and Township to create an Orderly Annexation Agreement. He was unsure whether more strict zoning requirements would be required.

Tom Zins, Assistant County Attorney, said that the Agreement does not call for signature by the County. However the resolution language could be revised to reflect that the County, as a party to the agreement, affirm what has been done. Another area of concern was the way the County Board member representation would be selected. The Agreement as proposed would have the City and Township select who represents the County. The Board could, as a party to the Agreement and by exercising legal authority, select the person to represent their interests. Another issue would be what the County’s authorization would be and whether the joint planning board would supersede action by the County Board. Zins said that the County has an underlying zoning map and aggregate plan that calls for the Township to be at least as restrictive as the County. If the joint planning board creates their own land use plan and zoning, he was unsure what problems may be associated with that action. Membership on the joint planning board would consist of five members, two each from the City Council and the Township Board, and one member from the Wright County Board. It is not required that those members sit on either the Township Board or City Council.

Holker said the Agreement has been approved and signed by both the Township and City and has now been forwarded to the State for review. He said The Township’s Attorney had indicated that the Agreement will probably go forth with the way it is written, even if the County does not approve it. Sawatzke referenced language on page 9, Paragraph 13, No Hearing Required. Zins responded that the Agreement does not supersede State Law.

Zins suggested the following language changes to the draft resolution: page 1, 6th paragraph, 1st sentence, insert “as a party to theAgreement” after “Wright County Board of Commissioners”; and page 2, Item #1, insert “as a party to the Agreement” after “Wright County Board of Commissioners.” Sawatzke said the City and Township need an Agreement outlining the County’s participation. He said the people of Monticello Township are deserving of this as the County provides this for other townships. Norman suggested that if the resolution is adopted with the changes, that a copy be forwarded to the Township Board and City Council for acknowledgement. Russek moved to adopt Resolution #04-39 including the changes as outlined by Zins, seconded by Mattson, carried 5-0 on a roll call vote. The motion includes Norman’s recommendation to send a copy to the City and Township for acknowledgment.

Denn said this is a very important issue for the whole State and added the action taken in Wright County is being followed by many other townships. He said counties on the State level should take a more active role on where annexations should be. Many townships have contacted him and are looking to see what transpires in Monticello Township. He felt what transpires will have an affect State-wide. Mattson said it is important to make sure local representatives are informed of positions on these issues so that they understand the entire picture. Russek said the County recognizes the importance of Townships. Sawatzke said 75-80 percent of the land mass in the County is township.

Bills Approved

Albion Township $1,821.07

American Institutional Supply 596.38

Ancom Technical Center 215.00

Andy’s Towing Service, Inc. 142.00

Aramark Correctional Serv. 5,316.13

Astech 188,871.59

B & D Plumbing/Heating 400.00

Joe Backes 122.25

Buffalo Bituminous 810,260.18

Cardiac Science 212.00

CDW Government Inc. 267.99

Cellular 2000 of St. Cloud 206.45

Cintas Corp No. 470 101.66

Climate Air 320.61

Cragun’s Lodging & Conf. 225.00

Deatons Mailing Sys. Inc. 267.21

Duininck Bros Inc. 922,307.13

E. Central Regional Juvenile 660.00

First State Tire Recycling 746.40

Fond Du Lac Tribal & Comm. 345.00

Gateway Companies Inc. 891.00

Gloria Gooler 205.73

Hillyard Floor Care Supply 1,189.44

Huffcutt Concrete Inc. 22,000.00

JR’s Appliance Disp. Inc. 1,250.00

Ruth Kremer 102.00

Lakedale Telephone Co. 107.70

LaPlant Demo Inc. 1,192.90

Marco Business Products 5,130.18

Marlin Leasing Corp. 1069.86

Mathiowetz Construction 59,693.00

Office Depot 391.13

Onvoy Inc. 270.00

Qwest 1,752.00

Recall Document Mgmt. Ser 100.76

Reliance Recoveries 1,716.40

RS Eden 1,261.65

St. Paul Legal Ledger 137.10

Scenic Signs 111.40

Sharon Schubert 115.50

Silver Creek Twp. 3,525.17

City South Haven 385.60

Specialty Turf & Ag 532.50

Sprint-Local Telecom Div. 186.76

City St. Michael 3,669.22

Successories LLC 258.77

Cynthia Theisen 172.50

Total Printing 498.96

Viking Coca Cola Bottling Co. 172.80

West Group Payment Center 476.00

Wright Lumber & Millwork Inc. 308.62

Xcel Energy 187.94

Ziegler Inc. 3,541.13

The 4-Wheel Drive Center 1,955.69

26 payments less than $100 $1,008.78

Final total $2,048,972.24

The meeting adjourned at 10:45 A.M


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