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Wright County Board Minutes

July 6, 2004

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

The minutes of 6-29-04 were discussed. Mattson referenced discussion involving Ditch 19 and said the landowner cleaned out the ditch at no cost to the County. Eichelberg moved to approve the minutes as presented, seconded by Mattson, carried 5-0.

Petitions were accepted to the Agenda as follows: Move Consent Agenda Item B2 to Chief Deputy Auditor Item #4 and amend to read, “Approve On Sale Liquor License, Contingent Upon Signature By Rockford Township, With 2:00 A.M. Closing, Boonedocks Saloon, Rockford Twp.” (Hiivala); Auditor Item #5, “Report On Beaver Dam Located On Tax Forfeit Land” (Hiivala); Item For Consid. #5, “Set Technology Committee Meeting” (Norman). Russek moved to approve the Agenda as amended, seconded by Heeter, carried 5-0.

The Consent Agenda was discussed. Russek moved to approve the Consent Agenda with the removal of Item B2, seconded by Eichelberg. The motion was amended to include removal of Item A2, “Claim, Nelson Building & Development, Inc., $65,235, (Final Payment)” as requested by Richard Norman, County Coordinator. The motion carried 5-0:

A. ADMINISTRATION

1. Performance Appraisals: S. Schubert, Ct. Admin.; G. Howell, M. Even, R. McMullen, Sheriff.

3. Accept Resignation, Mark Wuollet, Custodian, Eff. 7-13-04 & Authorize Replacement.

B. AUDITOR/TREASURER

1. Tobacco License: “Tran’s Wandering Spirits” (formerly Dales Wine & Spirits)-St. Michael. Item A2, “Claim, Nelson Building & Development, Inc., $65,235, (Final Payment)” was discussed. Norman requested that final payment be withheld until heat pump issues have been resolved. Mattson moved to lay payment of this claim over to a future meeting, seconded by Russek, carried 5-0.

Bob Hiivala, Chief Deputy Auditor, requested approval of the Boulder Woods plat. On a motion by Russek, second by Mattson, all voted to approve a plat, “BOULDER WOODS,” as submitted by Eagle Rock Properties LLC, a Minnesota limited liability company, fee owner of the following described property: The NE1/4 of the SE1/4 and the SE1/4 of the NE1/4, in Sec. 23, Twp. 118, Rage. 25, except the N 4 rods of said SE1/4 of the NE1/4; also That part of the SW1/4 of the NE1/4 lying and being E of the S fork of the Crow River, Sec. 23, Twp. 118, Rge. 25; with all outstanding taxes, including green acre liability, if any, having been paid; the park dedication fee has been paid (#100990 ); a road bond is on file with the Auditor/Treasurer; and the title opinion prepared by Bradley W. Solheim, attorney has been reviewed by Thomas C. Zins, Assistant County Attorney, who finds that the plat is in order and ready for recording.

Russek and Hiivala visited Ditch 28 on 6-30-04. Russek suggested that Swanson Brothers be allowed to trap beaver on the property. The dam would then be removed. From there, three quotes could be obtained for clean out of the ditch. The landowner has requested clean out. After the bids are obtained, a meeting would be scheduled for review. Eichelberg moved to authorize Russek to work with Mattson and Swanson Brothers on beaver trapping, seconded by Russek, carried 5-0.

The item, “Approve On Sale Liquor License, Contingent Upon Signature By Rockford Township, With 2:00 A.M. Closing, Boonedocks Saloon, Rockford Twp.” was removed from the Consent Agenda for discussion. Hiivala said that staff noticed the license had not been signed by the Township and requested that approval be made contingent upon this. Mattson moved to approve the license contingent upon Township signature, seconded by Russek, carried 5-0.

Last week, Russek and Hiivala visited tax forfeited land that is being flooded because of a beaver dam. The land is State owned but the County is responsible for it. Russek will contact Swanson Brothers and provide a report at a future date.

The claims listing was reviewed. Mattson referenced a claim on page 10, Sterling Drug ($3,168.12) for inmate pharmacy bills. Norman stated that the MCIT Board is in the initial discussion phase toward a program where counties would purchase inmate prescriptions at a discount. Russek moved to approve the claims as listed in the abstract, subject to audit. The motion was seconded by Heeter and carried unanimously.

Bescye Burnett, GRRL Director, presented the Great River Regional Library’s 2003 Annual Report, 2003 Audit Report and 2004 and 2005 Budget. “A Changing Reality” was their theme in 2003 due to a year of continual change around budget, staffing and programs. A Leaders Tour was recently held at the Rockford Public Library with the purpose of inviting community leaders to the Library to inform them of what is offered. A circulation increase of $112,784 was realized in 2003. Registered borrowers by signatory totaled 116,536. Burnett also reviewed financial data. She noted that on page 20 of the report, 2004 Budget Adjustments, the RLBSS State Aid figure should be $22,138 instead of $44,739. The Audit Summary held one reportable condition due to the lack of segregation of accounting duties. The 2005 budget goals and projections were reviewed. Burnett explained that the GRRL needs to develop a strategic plan and meetings will be held with the branch managers to discuss library issues. Eichelberg currently serves as the President of the GRRL Board and commended Burnett and staff for their efforts. Sawatzke previously served on the GRRL Board and also recognized their efforts in keeping the budget increases down while providing outstanding service. Eichelberg expressed appreciation to Norman and the other county administrators who have taken part in GRRL meetings. Russek referenced the success of the recent Delano Library grand opening, with a total of 550 people attending. He expressed thanks to those who assisted. Russek moved to accept the GRRL report, seconded by Eichelberg, carried 5-0.

Chuck Davis, Environmental Health Officer, brought forth a recommendation to deny the request for an EAW for the Ward Carlson application for a land alteration of more than 500 cubic yards and to construct a 60 x 120 foot building (expanding his existing conditional use for a contractor’s yard). This request was heard by the Planning Commission on 6-24-04 where testimony was received from two neighbors in opposition. Prior to the hearing, the County received a petition from the Deer Lake Association requesting an EAW. Although the petition

raised legitimate concerns, Davis stated that these concerns are what the Planning Commission will address through the CUP process. He felt the EAW process should be used with larger projects and that a denial was in order. Davis said that Carlson has received numerous violations but felt the conditional use permitting process would address those issues.

Davis distributed a letter from the Deer-Goose Lake Association dated 7-6-04. The letter was signed by James Larson, Vice President, indicating he was unable to be present at today’s Board meeting. The letter identifies and outlines three issues of concern including 1) Zoning issues deferred; 2) Work without permit; and 3) Ongoing environmental damage. The letter further states that the Association feels an EAW would focus the County’s attention on the ongoing violations occurring in this environmentally sensitive area.

Ward Carlson referenced a court order against him in 1987 but said at that time, he did not understand he was doing anything illegal. He said many others were doing the same types of things. His business is to clean up old farms and sites. He said he was not interested in contaminating water and felt he was not putting any pollution into the wetland. Carlson said he was in the process of cleaning his residence up. That was one of the reasons he has requested approval for another building. He will use the building strictly for vehicles and will not be used for storage of engines or anything with contaminating oils. In response to a question by Russek on a previous permit Carlson had received for a building, Carlson said it was never constructed. He is at the point where he is able to construct the building and felt the proposed location would be more desirable.

Mattson moved for denial of the request for an EAW and requested that Carlson work with Planning & Zoning and the SWCD, seconded by Russek. Davis indicated that Findings of Fact must be drawn up. The motion and second were amended to direct Davis to draw up the Findings, consistent with the denial, for approval at the next County Board meeting. Heeter said she also had some of the same concerns as the petitioners, but would support the motion if Planning and Zoning stays on top of these issues. Sawatzke’s understanding was that if a conditional use permit is requested and Carlson was found not to be in compliance, no permit would be issued. If the applicant decided not to proceed, compliance still may be an issue. With the permitting process, Planning & Zoning can assist with bringing the property into compliance. The motion carried 5-0.

A Civil Defense Committee meeting was held on 6-28-04:

Emergency Management Plan. A grant was received to update the Wright County Emergency Management Plan. Updates to the Emergency Management Plan were due the end of December, 2003. An extension was received through March, 2004. The update was then submitted to the State for approval. Several weeks ago Filipek met with Wright County staff, Berg and Bobrowski regarding the areas of the Plan which needed to be revised to meet Federal compliance requirements. The Emergency Management Plan must be approved by 6-30-04 in order for the grant money to be appropriated. The purpose of today’s meeting was for Filipek to review each of the items which had been identified as needing revision to ensure the requirements were met. Filipek identified seven items which still need further clarification before approval. Berg will e-mail those pages of the Plan showing the revisions to Filipek on 6-29-04. Filipek will verify the revisions and contact St. Paul to release the grant funds. Discussion followed on exercising the Plan, advance notice that the Federal Government will be requiring more detail in some areas of the Plan in the future, and status of other grants. Filipek recommended the formation of a Planning Advisory Committee with representation by the nine different entities. Once the Plan has been approved, application can be made for a $1,500 grant for development of an advisory board. Filipek also recommended reference to “Civil Defense” be replaced with “Emergency Management Services” which is reflective of the broader spectrum of emergency situations. (End of Civil Defense Minutes)

At today’s Board Meeting, Heeter moved to approve the minutes, seconded by Russek. Heeter referenced Filipek’s recommendation that the office of Civil Defense be changed to Emergency Management. Discussion followed on the formation of a planning advisory committee and the role of other committees such as EMS Advisory, Civil Defense, and Emergency Preparedness. Discussion also involved renaming the Civil Defense Committee. Heeter felt it was an opportune time to review the entire picture with the potential $50,000 grant being used to bring someone on for planning, training, etc. It was the consensus that Norman should research the status of the grant funding. A Civil Defense Committee Meeting should be held to discuss grant funding and the role of the different committees involved with emergency management. Heeter requested that Dennis Bobrowski, Steve Berg, Bob VanLith and Genell Reese be invited to attend. The motion carried 5-0.

A Deferred Compensation Committee meeting was held on 6-29-04. Heeter moved to approve the minutes, seconded by Mattson, carried 5-0:

Request to Withdraw Funds, Unforeseeable Emergency. The Committee determined that the circumstances meets the definition of an unforeseeable emergency. The employee is authorized to withdraw a net $2,000 from the employee’s Custodial Account. (End of Deferred Compensation Minutes)

A Technology Committee meeting was held on 6-29-04. Eichelberg moved to approve the minutes, seconded by Heeter, carried 5-0:

MCCC Web Portal Agreement With NASCA, Inc. Swing distributed a written summary and provided a brief review on the background of the development of the web portal concept, the benefits, and four budget options (attached). In Options 1 and 2 the transaction fee goes to NASCA, Inc. while Options 3 and 4 contain a buyout fee with the transaction fee going to the County. Swing recommended Option 4 with the license cost spread over three years between the Auditor/Treasurer, Recorder, and Assessor Departments. The Recorder has agreed to contribute $35,000 from his equipment fund toward the initial startup costs. Unger intended to use the $35,000 towards a web component from another company. The intent is that the MCCC Web Portal will be the common portal for Wright County Departments as well as a number of other counties. This would provide a common interface and consistent fee schedule across counties. Discussion centered primarily around funding issues. Unger stated there will be other revenue generating fees associated with the web portal besides the transaction fee which can be used to offset the annual maintenance expense. Norman questioned the recommendation of Option 4 over Option 3 noting that while Year One costs would be higher in Option 3, the overall cost would be almost $10,000 more with Option 4. Eichelberg suggested moving ahead with design planning with a letter of intent and the $35,000 from the Recorder’s budget with firm numbers for a contract with NASCA, Inc. by the middle of September. Heeter concurred. Recommendation: Swing to draft a letter of intent to enter into an MCCC Web Portal Agreement with NASCA, Inc., in order to move forward with the project while the contract agreement is finalized and funding details are determined. The letter of intent is to be reviewed by the Attorney’s Office and then placed on the Agenda for County Board approval. (End of Technology Minutes)

Correspondence was received from Onyx FCR Landfill dated 6-28-04 on the revised draft Host Fee Agreement. The letter indicates that Onyx has reviewed the draft and is unable to agree to many of the terms proposed by the County. Brian Asleson, Chief Deputy Attorney, outlined some of the differences from the last draft.

The primary difference is that Onyx is unwilling to pay a fee on industrial waste received at their facility. Asleson said the cover letter explains that Onyx remains willing to consider fees over and above what is allowed by law but they are unwilling to do this at this time as they do not see a benefit to Onyx. Asleson said the County’s perspective is that the landfill is a detriment. Most host fee agreements compensate counties for negative impacts of the landfill. Asleson said Onyx is looking at the proposed agreement only in terms of benefits they would receive.

Sawatzke’s hope was that the agreement would be revised to include some items which were important to them. Sawatzke did not feel the County should pursue the agreement any further at this time. The County’s solid waste surcharge will be effective 8-02-04. Sawatzke felt what is suggested in the agreement is identical in benefit to what is allowed through statute. Asleson said Onyx asserted that the County would have more flexibility with expending the funds through the agreement than through statute requirements. However, the surcharge funds collected by the County since 1985 for mixed municipal solid waste have had a fairly broad application for expenditures. Sawatzke said Onyx’s position is understandable, that they do not want to give more than is provided through statute. However, he had hoped they would see the benefit of the good will that would come with it. The consensus of the Board members was that Asleson should send a letter to Onyx indicating the Board will wait for the solid waste surcharge to take effect in August and that they can send a different draft if they so desire.

On a motion by Russek, second by Heeter, all voted to set a Committee Of The Whole meeting for 7-12-04 at 2:30 P.M. The purpose of the meeting is to discuss appointing a person to fill out the term of the Auditor/Treasurer.

DLR Group would like to have a kick-off meeting for development of the Master Plan. Norman suggested the meeting include two County Commissioners, the Sheriff and other department heads as desired. Russek moved to appoint Heeter and Mattson to this Committee. Sawatzke will serve as the alternate. The motion was seconded by Heeter and carried 5-0.

On a motion by Heeter, second by Russek, all voted to schedule a Technology Committee Meeting for 7-14-04. The purpose of the meeting is to discuss the Law Enforcement System.

Bills Approved

Albertville Body Shop $4,395.63

City Albertville 50,000.00

American Business Forms 525.39

American Institutional Supply 489.50

American Public Works Assoc. 152.25

Ameripride Linen and Apparel 339.30

Ancom Technical Center 755.88

Auto Glass Center Inc. 234.02

Avalon Fortress Security Corp. 1,304.63

B & D Plumbing & Heating 302.00

George Bakeberg 508.75

Barnes Distribution 116.61

Lawrence Bauman 1,007.50

BP Amoco 744.22

Braun Intertec Corp. 5,000.00

Brock White Co. LLC 954.24

Buildings Cons. Group Inc. 580.35

Canadian Pacific Railway 5,979.35

Cardiac Science 5,065.00

Catco Parts Service 1,458.97

Centra Sota Lake Region 24,361.07

Chamberlain Oil Co. 1,333.24

Collins Brothers Towing 516.79

Commissioner of Transp. 48,359.46

Continental Safety Equp. 117.21

Corrections Products Co. LTD 882.43

CPS Technology Solutions 195.00

Custom Manufacturing Inc. 27,501.63

Dales 66 213.00

Ralph Douglas 534.37

E-MDS 835.43

E. Central Regional Juvenile 7,755.00

Fair Hills Inc. 850.00

Fyles Excav. & Honey Wagon 6,552.50

Gale-Tec Engineering Inc. 1,062.25

Gateway Companies Inc. 21,879.37

GCS Service Inc. 136.50

Going Under Dive Center 101.07

Hennepin Co. Treasurer 3,571.04

Herc-U-Lift 153.70

Hickman Service Inc. 284.72

Robert Hiivala 183.38

Hillyard Floor Care Supply 632.60

Interstate Battery Sys of Mpls 289.47

Junction Towing/Auto Repair 174.05

Kandiyohi Co. Auditor-Treas. 253.15

Bernard Kirscht 522.00

Klatt True Value Electric 134.73

Koch Materials Co. 4,353.89

LaPlant Demo Inc. 528.32

Michael Laurent 102.26

Lawson Products Inc. 303.04

William Lieb 551.25

Loffler Companies Inc. 559.13

Maple Lake Lumber Co. 651.28

Marco Business Products 9,938.80

Mathiowetz Construction 73,928.63

McLeod Treatment Programs 2,755.53

Meeker Co. Sheriff 483.29

Meteorlogix 5,273.16

The Metro Group Inc. 3,399.48

Mid-America Business Sys. 27,482.33

Mid-Minnesota Hot Mix Inc. 2,202.60

Minnesota Chemical Co. 227.55

MN Resort Association 716.00

Monticello Ford Mercury Inc. 1,689.14

Nextel Communications 133.46

Office Depot 1,614.34

On Site Monitoring 12,085.00

Lynn Peavey Co. 428.90

Prairie Lakes Detention Ctr. 456.00

Prosource One 2,850.18

Qwest 391.37

Royal Tire Inc. 2,768.80

Ryan Motors Inc. 393.23

Robert Schermann 645.37

Donald Schmidt 435.25

SEH 108,235.38

Sheriffs Youth Program of MN 2,416.61

Specialty Turf & Ag 1,946.39

Sprint 161.33

SRF Consulting Group Inc. 1,768.93

St. Michael Vet. Clinic 278.22

Stepp Mfg. Company Inc. 120.43

Sterling Drug 3,168.12

STS Consultants LTD 6,023.20

Sweeney Brothers Tractor 106.30

Tires Plus 246.26

Larry Unger 637.56

Unlimited Electric Inc. 472.89

Verizon Wireless 647.44

Walmart Community BRC 158.35

Walmart Store 01-1577 541.82

Daniel Weber 125.00

Gordon Weber 463.00

Westside Equipment 4,884.95

Wright Co. Highway Dept. 32,301.17

Wright Co. Court Admin. 245.00

Wright Lumber & Millwork 116.09

Wright Soil & Water Cons. 153.10

Xcel Energy 861.02

Zack’s Inc. 764.67

45 payments less than $100 $1,936.56

Final total $555,426.12

The meeting adjourned at 10:22 A.M.


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