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Wright County Board Minutes

July 27, 2004

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

Eichelberg moved to approve the minutes of 7-20-04, seconded by Russek, carried 5-0.

Petitions were accepted to the Agenda as follows: Consent Item A6, “Cancel Committee Of The Whole Meeting Scheduled For 7-28-04 As Requested By Public Defender’s Office” (Norman); Consent Item F1, “AUDITOR, Approve Transient Merchant License, T.A.P. Enterprises” (Hiivala); Item For Consid. #4, “Jail Seminar Update” (Mattson); Item For Consid. #5, “Renew Liquor License For JoAnn Olson, Albion Ridges Golf Course, 7-01-04 to 6-30-05” (Hiivala). Heeter moved to approve the Agenda as amended, seconded by Mattson, carried 5-0.

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


1. Performance Appraisals: H. Becker, G. Gooler, M. Palmquist, J. Zander, Aud.; B. Bersie, T. Decker, R. Erickson, R. Marquette, Hwy.; C. Nelson, IT; G. Lebovsky, P&Z; G. Windler, Sher./Corr.

2. Claim, Nelson Building & Development, $55,235.

3. Refer HAY Job Evaluation Result To The Negotiation Committee.

4. Charitable Gambling Application Form LG220, Delano Ducks Unlimited (Rockford Twp.).

5. O/T Report, Period Ending 7-16-04.

6. Cancel Committee Of The Whole Meeting Schedule For 7-28-04 As Requested By Public Defender’s Office.


1. Approve Memorandum Of Understanding With Local No. 49 For Hwy. Dept. Volunteers At The 2004 County Fair.


1. Approval Of Phone System Maintenance Agreements With Hickory Tech Enterprises (1-Public Works Bldg. & 1-Govt. Center/HS Center).


1. Accept The Findings & Recommendation Of The Planning Commission For The Following Rezonings:

A. TDR, LLC (Franklin Twp.). Planning Commission unanimously recommend approval of the request for a Rural Planned Unit Development District.

B. Kenneth Beise (Rockford Twp.). Planning Commission unanimously recommend approval of the request to rezone from AG to A/R.


1. Refer Discussion On The Purchase Of Movable File Shelving To The Building Committee.


1. Approve Transient Merchant License, T.A.P. Enterprises.

A draft resolution for the County Ditch #38 Apportionment Order was addressed. Bob Hiivala, Auditor/Treasurer, said Board approval of the order occurred at the last meeting. However, it should have been passed by resolution. Brian Asleson, Chief Deputy Attorney, said State Statute does not require a resolution but is being done for consistency in County practices. Notice will be mailed to the affected parties. Mattson moved to adopt Resolution #04-43 approving the County Ditch #38 Apportionment Order, seconded by Russek, carried 5-0 on a roll call vote.

The next item discussed was an Order transferring part of Ditch #28 to the City of Delano. A public hearing was held two weeks ago. Since that time, Kerry Saxton, SWCD, was provided copies of documents. Asleson said that most of the requested work would be an improvement. The criteria the Board should look at is outlined in the document, “that the Wright County Board of Commissioners, as ditch authority for Ditch #28, finds that storm, surface and flood waters within the area proposed for transfer could be better managed by the City of Delano.” Other issues would be affects of the proposed work upstream and downstream. The Order would require that those items be maintained for others on the ditch. Statute indicates the County would hold the water management authority responsible for these actions. Saxton said his concern was with the seven rock veins which are within the plans that will require extensive work to the ditch. During that time, some erosion may affect downstream landowners. He was unsure whether the ditch was currently eroding but said the plan was well done as far as erosion control. In the future, this will be the City’s storm sewer system and County ditch law requirements would not be followed. Mattson inquired on how this will affect upstream and downstream landowners. Russek said the plan guarantees that the flow would be maintained. The developer will pay for all costs associated with these improvements and future costs will be the responsibility of the City. A change was made to Item #1 of the Order, adding the following language to the end of the sentence, “with the City to perform work on the Ditch as per plans submitted to the County.” Russek moved to adopt Resolution #04-44 authorizing signatures on the Order transferring part of Ditch #28 to the City of Delano, including the language addition as noted. The motion was seconded by Mattson and carried 5-0 on a roll call vote.

On a motion by Russek, second by Eichelberg, all voted to approve the May Revenue/Expenditure Guidelines.

Hiivala requested approval of name changes for Wachovia Securities and Edward Jones. The name change would remove Doug Gruber’s name and replace it with Bob Hiivala’s name. Russek moved to authorize the name change for Wachovia Securities, seconded by Heeter, carried 5-0. Russek moved to authorize the name change for Edward Jones, seconded by Heeter, carried 5-0.

Correspondence was received from Saxton on the status of County Ditch 33 (Monticello Twp.). At today’s meeting, Saxton provided an overview of the problems outlined in the letter. The work completed last year on the tile has assisted with drainage to the north of the freeway. It would be possible to connect to the pipe replaced last year and continue towards the freeway but this would be at a considerable cost to landowners. The tile from the south of the freeway may go under the freeway but Mn/DOT should be contacted on how this was done. The existing line north of the freeway is functioning to some degree but is broken in many places. Repair is not much of an option. It may be possible to outlet a tile into Mn/DOT’s pond from the south. However if a good pipe wasn’t replaced in these areas, the concern is how to get under the freeway and railroad track. The train track culvert is half filled with sediment and needs clean out to allow water south of the freeway to drain better. The railroad company was contacted last year by the County Attorneys office but the work was not completed. This clean up would offer some relief to those south of the freeway. Saxton suggested that the County clean up this area if the railroad does not follow through. Mn/DOT should be contacted as well for assistance or concerns. After this area is cleaned up and it is determined how the tile crosses the freeway, a plan to correct the situation could be formulated. A hearing with benefitted landowners may be necessary. With regard to the work completed last year, there is a need to rock the outlet of the new tile. Also, broken tile pieces need to be removed from the field and Saxton felt this work could be completed by STS. The inlet area needs brush removed. It can then be smoothed and reseeded. Asleson said that going to an open ditch may be considered an improvement to the ditch and would require a petition from benefitted landowners. An informational meeting could be held with landowners. Russek moved to authorize Saxton, Asleson and Hiivala to work on this issue and to bring back a recommendation. The motion was seconded by Heeter and carried 5-0.

At 9:30 A.M., Sawatzke closed the bid process for the Vehicle Storage Building at the Public Works site.

The claims listing was reviewed. Russek commented that a lot of medical expense has been incurred for one inmate. Mattson previously asked the County Attorney to provide an opinion on whether a judgment could be filed against prisoners for such costs. This judgment would follow the person for 7-10 years. Asleson will follow up with the County Attorney and Capt. Gary Torfin on this issue. On a motion by Russek, second by Mattson, all voted to approve the claims as listed in the abstract, subject to audit. As two copies of page 18 were included with the claims listing, Russek noted that approval includes payment for page 18 once.

At 9:40 A.M., the bid opening occurred for the Vehicle Storage Building at the Public Works site (Contract 0410). Craig Hayes, Purchasing Agent, opened and read the bids. On a motion by Mattson, second by Russek, all voted to lay the bids over for two weeks:

Name of Bidder; Bid Bond; Total Bid Amount

Ebert Construction - Corcoran; Yes; $334,300.00

Nelson Building & Development, Inc. Buffalo; Yes; $332,900.00

Raske Building Systems, Inc. - Cosmos; Yes; $347,949.00

Terwisscha Construction, Inc. - Willmar; Yes; $367,000.00

Prestige Builders of MN, LLC - Maple Grove; Yes; $435,000.00

Tricon, Inc. - Monticello; Yes; $354,900.00

Jay Wittstock, Surveyor, requested approval of a resolution authorizing survey work and the preparation of a plat for right-of-way delineation and memorialization on the Otsego Levee. The Levee was constructed in the 1960’s and easement documents were prepared and signed but never recorded. The Levee has been maintained by landowners. The Army Corp of Engineers has given the project an unsatisfactory rating, partially because the easement area for the Levee has been encroached upon by other uses. Approval of the resolution, as required by Statute, would allow the preparation of the right-of-way map and easements from local landowners. These easements will provide documentation for maintenance of the Levee. A public meeting was held on 6-10-04 at the Otsego City Hall. Wittstock said the landowners realize the value of the Levee as it protects their property and understand the process is to assist them. Sawatzke said the dike was originally constructed to protect a County road and a power plant. It wasn’t actually built to protect private property but that was a side benefit. Wittstock indicated that three signs will be placed along the Levee indicating that it is private property and this should assist with trespassing issues. Sawatzke recognized the work on this project by those involved including staff from the offices of Surveyor, Highway, Auditor/Treasurer, VS/Civil Defense and the City of Otsego. Russek moved to adopt Resolution #04-45 authorizing the survey work and right-of-way plat preparation, seconded by Eichelberg, carried 5-0 on a roll call vote. Wittstock hopes to have the right-of-way plat done by the end of August. Approval by the Corp of Engineers is required.

At the 7-13-04 Board Meeting, a request was discussed to adopt a Civil Penalty Policy For Alcohol Compliance Checks in order to assess civil penalties to liquor license holders who illegally sell to minors. At that time, Asleson and Jill Hylla, Public Health, discussed alcohol compliance checks with the Board and reviewed grant documents. The amount of the grant is $5000. At today’s meeting, Asleson said there is a requirement through the grant that the County assess a minimum of $200 civil penalty when a licensee fails a compliance check. The grant is through the Sheriff’s Office who provides the law enforcement for the compliance checks. The State requires a copy of city ordinances that set out various penalties. Compliance checks are conducted County wide by the Sheriff and Public Health, with the exception of Buffalo and Annandale. Results are referred back to city councils as the County Board only licenses those in unestablished areas. The administrative fines are meant to reach the license holder to spur retailers to educate employees. The resolution would impose the following civil penalties: 1st violation-$200 administrative fine; 2nd violation within 2 years-$500 administrative fine; 3rd violation within 2 years-$1000 administrative fine + one week suspension of license. The resolution further provides that no suspension or revocation shall take effect until the licensee has had the opportunity for a hearing regarding the violation. The County Board may waive or modify the civil penalties set out in this policy if it finds good cause to do so, if it makes findings as to the reasons for doing so, and if doing so does not violate the terms of any grant Agreement with the State of Minnesota. Heeter moved to adopt Resolution #04-46, seconded by Mattson, carried 5-0 on a roll call vote.

The Highway Engineer submitted a request with suggested dates for scheduling a Transportation Committee Of The Whole Meeting, which would include a road tour. The Board discussed the dates and found all of them in conflict with schedules. It was the consensus that 8-16-04 at 8:00 A.M. would work for the Board and that the Highway Engineer should respond back as to his availability.

Richard Norman, County Coordinator, submitted a draft Budget Committee Of The Whole (BCOTW) Schedule for review. It was the consensus to move hearings for those departments scheduled for the afternoon of 8-17-04 to 8-23-04. The meetings will commence at 9:00 A.M. on 8-23-04. Mattson moved to approve the revised schedule, seconded by Russek, carried 5-0.

Mattson moved to adopt Resolution #04-47 approving Agency Agreement #86503 with Mn/DOT for the CSAH 6 Bridge over the North Fork of the Crow River, SP 86-606-05, STP 8603(066). This agreement allows for Mn/DOT to act as the County’s agent in accepting federal aid in connection with the project. The motion was seconded by Russek and carried 5-0 on a roll call vote.

Mattson, Eichelberg and Sawatzke attended a seminar in St. Cloud last week on design planning for criminal justice. Mattson has been in contact with a person whose company works with retrofitting buildings with fabricated cells and felt it was important to at least pursue this option to see if it is a viable one. Sawatzke said there was also discussion on utilizing a contract manager vs. a general contractor. Heeter moved to authorize seeking more information on retrofitted cells to see if they would work in any area commercial buildings, seconded by Russek, carried 5-0. Mattson will provide copies of correspondence to the Board and Norman. If any cost is involved with this process, the issue should be brought back before the Board.

Bills Approved

AAA Striping Service Inc. $836.00

Allina Health Systems 300.00

Allina Medical 421.50

Ameripride Linen and Apparel 218.28

AMI Imaging Systems Inc. 136.00

ANCOM Technical Center 283.45

City Annandale 612.50

Aramark Correctional Serv. 5,074.12

Auto Glass Center Inc. 247.78

B & B Products Inc. 2,873.85

Barnes Distribution 211.58

Beckius Truck Repair Inc. 2,373.20

Bolton & Menk Inc. 9,897.00

Buffalo Bituminous 1,053,182.39

Buffalo Hospital-Otpt. Comm. 5,227.09

Catco Parts Service 1,266.87

Center Point Energy 1,362.15

Centrasota OMS PA 3,727.00

Chatham Township 948.70

Clearwater Township 1,146.10

Climate Air 1,510.80

City Cokato 1,580.78

Consulting Radiologists Ltd. 1,041.00

Decorative Designs Inc. 175.53

Duininck Bros. Inc. 487,189.20

Emergency Physicians PA 392.00

Franklin Township 2,722.75

W Grainger Inc. 104.82

Hillyard Floor Care Supply 2,001.60

Holt Motors Inc. 131.01

City Howard Lake 2,515.00

Rebecca Howell 349.00

Interstate All Battery Center 495.64

Interstate Battery Sys. of Mpls. 285.21

ISS 553.75

KNR Communications Serv. 9,763.45

Lakedale Telephone Company 107.70

LaPlant Demo Inc. 554.23

Lawson Products Inc. 181.01

Loberg Electric 356.37

M-R Sign Company Inc. 555.93

Marco Business Products 4,638.01

Marlin Leasing Corp. 1,069.86

Marysville Township 1,605.70

MASYS Corporation 2,628.87

McMaster-Carr Supply co. 108.39

Menards 182.01

The Metro Group Inc. 5,836.31

Minnesota CLE 580.00

Minnesota Elevator Inc. 1,800.00

Minn. Spring & Suspension 303.21

MN Dept. of Corrections 16,250.00

MN State Auditor 12,727.27

MN Transportation Alliance 400.00

Mobile Vision 971.61

Northern Tool & Equipment Co. 200.16

Office Depot 1,306.03

On Site Monitoring 12,286.00

Lynn Peavey Company 603.55

Prosource One 625.36

Qwest 5,617.88

Royal Tire Inc. 2,109.27

Russell Security Resource Inc. 111.09

Sherburne Co. Sheriff 6,080.00

M Smith Publishers 187.00

City South Haven 850.00

SRF Consulting Group Inc. 1,006.04

Stepp Mfg. Co. Inc. 115.58

Stratus Techn. Ireland L 7,574.00

Sweeney Brothers Tractor 950.62

Syntregy Fitness 831.45

Tires Plus 153.86

Total Printing 1,086.41

Viking Coca Cola Bottling Co. 152.80

Voss Lighting 171.04

City Waverly 1,561.34

West Publishing Payment Ctr. 476.00

Wright Hennepin Electric 868.53

Xcel Energy 197.53

Ziegler Inc. 529.94

29 payments less than $100 $1,282.77

Final total $1,698,947.83

The meeting adjourned at 10:19 A.M.

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