Wright County Board Minutes

May 3, 2005

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

Eichelberg moved to approve the minutes of 4-26-05, seconded by Russek, carried 5-0.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #3, “Deferred Compensation Committee Report/Recommendation” (Norman); Item For Consid. #2, “Announcement, Lions Golf Tournament, MEADA Fundraiser” (Heeter); Item For Consid. #3, “Land Use Meeting In St. Cloud” (Eichelberg); Item For Consid. #4, “Announce Next Quad County Meeting” (Norman). Russek moved to approve the Agenda as amended, seconded by Sawatzke, carried 5-0.

Richard Norman, County Coordinator, requested that Item A2 of the Consent Agenda, “Claim, EPA Audio Visual, Inc., $42,864.70.” be pulled and referred to the next meeting. On a motion by Sawatzke, second by Russek, all voted to approve the Consent Agenda with the removal of Item A2:

A. ADMINISTRATION

1. Performance Appraisals: K. Becker, T. Frazier, Atty.; K. Lanie, Ct. Admin.; S. Riley, P&Z; J. Bean, D. Scherber, J. Thinesen, Sher./Corr.

3. Refer 4-H Coordinator Position To Personnel Committee.

4. Charitable Gambling Application Form LG220, Church of St. Luke (Clearwater Twp.), June 17, 2005.

5. Charitable Gambling Application Form LG 220, Church of St. Luke (Clearwater Twp.), August 28, 2005.

6. O/T Report, Period Ending 4-08-05.

7. O/T Report, Period Ending 4-22-05.

B. AUDITOR/TREASURER

1. Approve Tobacco License For Little Duke’s (Clearwater City).

C. HIGHWAY

1. Approve Wright County Highway Right Of Way Plat No. 53-1, SP 86-612-16, CSAH 12.

Bob Hiivala, Auditor/Treasurer, said the Deferred Compensation Committee met this morning and recommends approval of a request from an employee to withdraw $15,000 from the Deferred Compensation Plan. Sawatzke moved to approve the recommendation of the Deferred Compensation Committee to approve the request, seconded by Heeter. Sawatzke noted that the request does fit within the parameters as a hardship case within the Deferred Compensation Plan. The motion carried 5-0.

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

The claims listing was discussed. Norman referenced a claim on page 3, “Kelly Inn, $136.50” for mileage reimbursement and questioned whether the claim should be made payable to Tom Kelly. Hiivala confirmed that this was the case. Russek moved to approve the claims as listed in the abstract, subject to audit. The motion was seconded by Heeter and carried 5-0.

Brian Asleson, Chief Deputy Attorney, requested the Board set the 2005 basic trunk charge for new sewer hookups in the Lake Charlotte/Martha area. There have been additional hookups approved since the original project in 2002, with the most recent being last year for a subdivision on the west side of Lake Charlotte. At the time of the original project, residents were assessed approximately $8700 for the basic trunk charge. That figure has been increased each year to be consistent with the increases by the City of St. Michael. Asleson was in contact with the St. Michael City Engineer who indicated past increases have ranged about 3-4%. This year, the construction index was 7.6%. Instead of increasing all fees by this amount, the City raised their labor/service fees 4.1% (following the labor index) and sewer hook up fees by 7.6% (using the construction index). Using the 7.6% construction index, the basic trunk charge would be increased to $10,289.74. This charge is placed into a dedicated fund for maintenance of the district. The charges collected at the time of the original assessment paid for the construction project. The City uses a different rate for hook ups, dependent upon whether it is for new construction. The fee for new construction is $5,200-$5,500. Asleson presented a request for a new sewer hookup on Lake Charlotte for Lon and Julianne Voigt, Parcel #215-000-061401. The Voigts purchased 2.01 acres in 2001 on the west side of Lake Charlotte. The main 3” sewer line ends in the Township road somewhere to the east of the Voigt parcel (50’ short). The Voigts were in the process of purchasing the parcel when the sewer project was planned. One of the conditions placed upon the Charlotte Shores West development, when it was approved for sewer hookup, was that the developer was to run the sewer line to the exiting Township road (directly past the Voigt property). Asleson was in contact with Brian Oakley from MFRA who suggested that when the Voigts run the sewer line, they extend it 10’ past the shut off valve to avoid disruption in service when the development’s construction takes place. The Charlotte Shores West development hasnot paid their hook up fees. This will be done at the time of final plat approval with conditions attached (County Board Minutes of 6-22-04). Lon Voigt said that in 2001, he was told to hold off with payment for the trunk charge until the time of building permit. At that time, they would have paid the trunk line fee and a fee to St. Michael of $3000-$3500, as well as the hookup and grinder pump fees. He was not aware that the line would stop short of his property. He said he was aware that the hook up fees were subject to increase. It was suggested that Voigt contact the developer to see if they would be willing to cost share on the hookup. Russek moved to approve the 2005 basic trunk charge for new sewer hookups in the Lake Charlotte/Martha area at $10,289.74. The motion was seconded by Eichelberg and carried 5-0. Discussion then led to approval for the sewer hookup for the Voigt’s. The Voigt’s were issued a building permit and it was subsequently found that the sewer line did not run to their property. The permit was placed on a temporary hold until hookup is approved. The maps from MFRA reflect nine additional hookups available. From this, six were approved for the Charlotte Shores West Development, so the system has the capacity for the Voigt request. Asleson was unsure why the Voigt’s were not required to pay the basic trunk fee initially as this property was included in Phase I of the sewer project. Asleson will research to find out why the sewer line came up 50’ short and whether payment was made during construction to have this completed. Eichelberg moved to approve sewer hookup for Lon and Julianne Voigt, Parcel #215-000-061401, at the set cost of $10,289.74, seconded by Russek. Tom Salkowski, Planning & Zoning Administrator, said his understanding is that new construction would not be allowed on the Lake unless approval was gained to hook up to the sewer system. He said it was important that the policy not allow new construction on the Lake with a septic system. The motion carried 5-0.

At 9:30 A.M., Mattson closed the bids for the 2005 Overlay Contract, Contract 0502. The Engineer’s estimate for the base bid was $2,110,300 and for the Park portion $38,300. The Park portion includes a trail system for Clearwater Pleasant, Schroeder and Crow Springs Parks. The addendum relates to the clarification of starting time. Fingalson indicated that two of the three bids received only provided a grand total and did not break down the base bid and Parks bid. On a motion by Russek, second by Eichelberg, all voted to acknowledge the bids and lay them over for one week for review:

Bidder; Bid Bond; Acknowledge Addendum; Bid Amount

Duininck Bros., Inc.; Yes; Yes; $2,180,218.07 Base Bid, $2,226,847.32 Grand Total

Hardrives, Inc.; Yes; Yes; $2,345,528.43 Grand Total

Buffalo Bituminous Inc.; Yes; Yes; $2,048,573.71 Grand Total

Eichelberg moved to adopt Resolution #05-27 proclaiming May 15-21, 2005 as Transportation Week for Wright County. The motion was seconded by Russek and carried 5-0 on a roll call vote.

Russek moved to adopt Resolution #05-28, funding of CSAH 6 improvements for 2008. This is a standard resolution to ensure Wright County’s commitment of the local match ($1,012,140) necessary to leverage Federal funds (1,187,860) for the CSAH 6 improvement project. This CSAH 6 project will include the segment between TH 55 and TH 24 and is scheduled for 2008. The motion was seconded by Heeter and carried 5-0 on a roll call vote.

A Civil Defense Committee Meeting was held on 4-27-05. At today’s County Board Meeting, the following correction was made to the minutes: Page 1, Item II, last paragraph, 2nd sentence, change to read, “Place on a future Board Agenda a potential recommendation to change the Department name from Civil Defense to Emergency Management in keeping with current terminology.” Heeter moved to approve the minutes as corrected, seconded by Sawatzke. Sawatzke clarified that with regard to the name change for Civil Defense, he would like to receive a definition of “Civil Defense” and “Emergency Management.” The State has asked for a name change. Heeter requested that Amy Filipek from the State be invited to the next Civil Defense Committee Meeting, as well as Genell Reese and Steve Berg. The motion carried 5-0 to approve the minutes:

Report From Steve Berg. Berg distributed and reviewed a work plan for the month of March (attached). He referenced a September 30th deadline for the County to adopt a resolution regarding NIMS (National Incident Management System). Berg will be attending a course on NIMS training. Grant money is being sought for the Full-Scale MCI (Mass Casualty Incident) in Delano which is scheduled for June 18, 2005 in Delano. Work has continued on the inventory control system and standing operating procedures for the Haz-Mat and MCI Trailers. Grant money will also be sought for items on a needs list to add to the trailers.

Discussion RE: Emergency Response. Heeter stated the desire is to delineate primary responsibility roles in the event of different types of emergency situations. Discussion followed on when a call is received into Dispatch what protocol is followed to determine who is called to assume a leadership role for various types of emergencies. Lt. Helgeson will be contacted to provide copies of written instructions on who Dispatch is to contact for particular situations to the Committee for review prior to the next meeting date. Reese and Berg will identify where they see their level of responsibility in different emergency situations such as tornadoes, flooding, nuclear, fire, etc. Recommendation: Schedule a meeting for May 25, 2005, 11:00 A.M., and include Helgeson with the attendees for the next meeting.Place on a future Board Agenda a potential recommendation to change the Department name from Civil Defense to Emergency Management in keeping with current terminology. (End of Civil Defense Minutes)

A Committee Of The Whole Meeting was held on 4-26-05. At today’s County Board Meeting, it was noted that the minutes should be amended to reflect that the meeting reconvened at Ney Park on 4-28-05 at 2:45 P.M. The meeting was attended by Heeter, Mattson, Eichelberg, Sawatzke, John Bogart, Mike Messina and Bill Kaley and adjourned at 3:45 P.M. The minutes were also corrected on page 2, 3rd paragraph, change from “David Pawelk” to “Daniel Pawelk.” Heeter moved to approve the minutes. She felt strongly that the ditch needed a redetermination, as there has been rerouting and digging of ditches. Mattson explained that a redetermination is very costly. The cost is assessed to those on the new redetermination. It was thought that Asleson could consult with Kurt Deter, Rinke Noonan, on who bears costs associated with a redetermination and whether the County can assess for tiling by private parties versus a full-scale redetermination. Heeter noted that Woolston agreed to pay for legal counsel for this application for development. The motion was seconded by Sawatzke and carried 5-0:

Review GP Land Corporation And Bogart Pederson Proposal For Water Retention In Ney Park And County Ditch No. 20. Bogart provided a history of the request and maps representing the watershed of County Ditch #20. The alignment reflected on the maps was derived from the legal description of the ditch. The maps reflect benefitted landowners as well as the City of Maple Lake. GP Land Corporation’s proposal is for a development within the City of Maple Lake that will discharge through the existing ditch that runs through the property, to a private lateral, and then into County Ditch #20. The proposal also includes the development becoming part of the benefitted property owners on the ditch, as is required by law to discharge water into a ditch. Bogart and Saxton recently walked the ditch. Lake Mary has some flooding issues. At times, there is not enough capacity in the ditch near Silver Creek so the water backs up into Lake Mary. After review, it was felt there would be adequate ditch capacity if the channel were opened and a flat gate was installed. Wetland complexes are located on both sides of CSAH 8. Past discussions have included the potential of creating a structure under CSAH 8 providing an opportunity for Lake Mary to flow out. The development would like to make use of the wetland complexes (125 acre storage) which are located almost entirely within Ney Park. This solution was proposed to the Parks Commission at a recent meeting. Members of the Lake Mary Association were also present. It was the consensus at that time that if the developer picked up associated costs, this avenue should be explored. After review of the engineer’s calculations, it was found that flooding of Lake Mary occurs at an elevation of about 1003’. By the developer building an outlet dam structure, Bogart did not feel this would help Lake Mary which was the purpose of the structure. What was found by running a model of the watershed was that by installing a check valve, the elevation of Lake Mary could be lowered by 1.5 inches during flood stages. This would result in a better situation than is currently in place. A fair amount of water within the City of Maple Lake also runs into the ditch. The City is not considered a benefitted property owner. Bogart said their goal is to help the Lake Association, the City, and to complete the development. Otterness explained that with the proposed pond in the development and the installation of a check valve, Lake Mary could be lowered by 1.5” in a 100-year rain event. Bogart added that the developer was willing to work with the Parks Department on trails and installation of a wooden bridge. In summary, Bogart said the original proposal to the Parks Commission to build an outlet structure was no longer the proposal. A written proposal was not being submitted at this time as they wanted to have additional time to improve the situation and to obtain approval by Saxton. Areas outside of the watershed area were discussed, including the Paumen property to the south of the proposed development and areas outside of Maple Lake City limits. Bogart said if those areas maintained their current rate of flow and the plan to utilize the ponds was approved, the rate at which the water would flow out of the ponds would be reduced by half. That, combined with the use of a check valve, would stop the water from flowing backward into Lake Mary. Daniel Pawelk questioned the study area. Bogart said the engineers utilized a USGS Quad of the area and that they personally checked for culverts. What was being presented today was their best estimation of flow to the ditch. Pawelk said that tiles and field tiles from his property flow into the ditch. In response to Bogart’s position that there would be no increase in the amount of water released to the ditch, Pawelk said that opinion would be based upon today’s standards and that things could change. Pawelk felt the study area needed to be farther north and did not want to be affected by any changes made. Bogart said the engineering firm would be in contact with Pawelk to review his concerns. Saxton questioned whether the developer contacted the City on any watershed problems and whether they wanted to increase their release rate. Phil Gravel, City of Maple Lake, responded that the City should be able to maintain their existing rates. Discussion followed on potential 100-year rains and impacts. Bogart responded that the development’s volumes are projected at slightly less than what would currently occur in that scenario. The design would call for water to flow over the road before any homes would be impacted. The developer would propose to the Township to rebuild 65th Street so this would happen. Otherwise, house pads would have to be raised. Otterness said that a 100-year rainfall event would not cause the water to go over the road near Lake Mary. The control valve would also be used. Saxton felt that the DNR is in charge of Silver Creek. Bogart said flow to that area would not be increased. Bogart said it is unlikely that construction would begin this year. However, they wanted to proceed with their request early in the process to avoid running into time problems. Before construction would begin, sanitary sewer capacity issues still need to be resolved. Saxton referenced heavy rains during the past few years and questioned whether water ran over the road to the north of the proposed development. The response was that the water rose to 10’10”. Saxton felt these figures could be utilized to gauge their models. Bogart said they can check the models but it was shown that water did flow backwards to Lake Mary, even in 5-year storms. Gravel asked if there was any reason why another outlet to Lake Mary would not be pursued. Bogart said Lake Mary is part of a fairly large watershed and the water moves quickly together in this area. This is part of the issue along with the area being flat. Bogart said with their proposal, the situation would be slightly better. Discussion followed on scheduling a site visit. Bogart said after the site visit, the developer would petition for inclusion into the ditch system. The City of Maple Lake would also like to be included on the ditch system. Asleson said that statute allows for the City to petition for this purpose. Asleson will consult with Kurt Deter of Rinke Noonan (outside counsel) on this ditch issue. Sawatzke did not feel it would be appropriate to assess that cost to taxpayers, as the cost is a result of responding to an application for development. Asleson said the County can charge the developer an outlet fee for outletting stormwater into the ditch. Woolston said that GP Land Corporation would cover the cost of outside counsel. Bogart said they may ask for a redetermination of ditch benefits so costs would be spread to everyone. The meeting was recessed to 4-28-05 at 2:45 P.M. when the County Board will tour the area within Ney Park. The meeting reconvened at Ney Park on 4-28-05 at 2:45 P.M. The meeting was attended by Heeter, Mattson, Eichelberg, Sawatzke, John Bogart, Mike Messina and Bill Kaley. Following the tour the meeting was adjourned at 3:45 P.M. (End of Committee Of The Whole Minutes)

Heeter announced the Lions Golf Tournament being held on 5-09-05 as a MEADA Fundraiser. Teams are still needed. If interested, contact Clay O’Flanagan or the Local Buffalo Lions.

Eichelberg announced an MCIT training session, “2005 Land Use Issues: An In-depth Look” being held on 5-19-05 at the St. Cloud Holiday Inn. Eichelberg moved to authorize attendance, seconded by Sawatzke, carried 5-0.

Norman announced the next Quad County Meeting will be held on 5-31-05 in Stearns County. The Board will inform Norman of any items they would like placed onto the Agenda and he will forward them to Stearns County. Heeter said the topics of meth and jail issues should be on the agenda. Russek moved to approve the date of 5-31-05 for the next Quad County Meeting, seconded by Sawatzke, carried 5-0. Eichelberg announced he will be unable to attend.

Bills Approved

Advantage Water Cond. $244.39

City Albertville 3,585.19

American Instit. Supply 1,339.32

American Probation/Parole 315.00

Ameripride Linen/Apparel 678.32

Ancom Technical Center 895.90

City Annandale 1,190.60

Aqua Green Lawns 229.00

Aramark Correctional Serv. 5,201.26

Armor Holdings Forensics Inc. 281.25

B & D Plumbing & Heating 306.00

Bob Barker Co. 282.00

Boyer Truck Parts 293.32

Buffalo Glass Inc. 1,498.02

Buffalo Hosp.-Otpt. Comm. 1,153.99

Building Fasteners 725.27

Nick Carlson 750.00

CDW Government Inc. 395.82

Center Point Energy 5,064.67

Centra Sota Lake Reg. LLC 32,552.12

Chatham Twp. 945.40

Clearwater Twp. 1,004.62

Climate Air 8,543.00

City Cokato 1,164.00

Contech Const. Project 11,620.20

Corinna Twp. 1,048.60

Creative Forms & Concepts 891.99

Cummins Npower LLC 696.42

City Delano 5,020.30

Design Electric Inc. 8,075.28

Wayne Fingalson 536.06

Franklin Township 2,753.80

Gateway Companies Inc. 3,020.00

W. Grainger Inc. 527.25

Hance Utility Services Inc. 259.86

City Hanover 1,513.60

Virgil Hawkins 484.59

Denny Hecker’s Monti. Ford 1,886.81

Herc-U-Lift 210.35

Hillyard Floor Care Supply 947.25

City Howard Lake 906.80

Interstate All Battery Ctr. 543.16

Interstate Battery Sys. of Mpls. 658.48

Intoximeters Inc. 134.19

Thomas Kelly 136.50

Ruth Kremer 162.40

Lake Region Coop Oil 150.32

Lakedale Telephone Co. 112.70

LaPlant Demo Inc. 610.21

Lawson Products Inc. 440.01

Loberg Electric 1,592.41

Loffler Bus. Systems. Inc. 2,024.58

Lunda Const. Inc. 66,614.95

M-R Sign Company Inc. 851.97

City Maple Lake 564.00

Marco Business Products 8,501.69

Marysville Twp. 1,508.80

Menards 115.61

Mid-America Bus. Systems 105.10

Middleville Twp. 1,143.40

Minn. Blue Digital Imaging 147.38

Mitchell 1 727.30

MN Assn. of Co. Probation Ofr 325.00

MN Board of Assessors 580.00

MN BWSR 374.43

Mobile Vision 341.01

Mpls. Community College 600.00

Margaret Munson 202.41

Nextel Communications 2,213.56

Office Depot 1,603.08

Reed Business Info. 484.80

John Reid & Assoc. 395.00

Rockford Twp. 2,834.20

Royal Tire Inc. 1,021.38

RS Eden 1,527.75

Russell Security Resource 633.00

Ruttger’s Bay Lake Lodge 706.08

Pat Sawatzke 294.84

Scenic Signs 234.40

Scharber & Sons Inc. 1,155.52

Jerome Schaufler 450.00

Silver Creek Twp. 1,738.00

Sirchie 130.81

St. Cloud Fire Equip. Inc. 930.34

Brian Stoll 119.34

Streichers 340.80

Swanson Bros. Trapline Srvc. 102.40

Swanson Equipment Corp. 306.95

Total Printing 186.38

Trimble Navigation Ltd. 3,088.22

Univ. of Minnesota 135.00

Utility Truck Services 2,184.92

Varro Press 205.00

Verizon Wireless 700.74

Village Ranch Inc. 1,112.00

Wal-Mart Comm. BRC 115.69

Wal-Mart Store 01-1577 1,051.62

City Waverly 429.60

Wright Co. Hwy. Dept. 370.35

Wright Henn. Coop Elec. . 1,500.00

Wright Henn. Electric 208.58

Xcel Energy 749.82

Ziegler Cat 3,013.95

34 Payments less than $100 1,300.82

Final total $231,880.57

The meeting adjourned at 10:05 A.M