Wright County Board Minutes

AUGUST 22, 2006

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 8-15-06, seconded by Russek, carried 5-0.

Petitions were accepted to the Agenda as follows: Consent Item D1, “Approve Agreement No. 06-51 With The City Of Clearwater For The Construction Of The River Country Regional Trail, Phase I” (Norman); Aud./Treas. Item #6, “Ditch 38 Update” (Mattson). Russek moved to approve the Agenda as amended, seconded by Eichelberg, carried 5-0.

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

A. ADMINISTRATION

1. Performance Appraisals: R. Hill, Building Care; M. Even, P. Mackie, D. Miller, R. Salls, G. Torfin, B. Williamson, Sheriff.

1. Approve Personal Leave, Sarah Murphy, Court Services.

3. Approve Revised 2006 Non-Union Salary Schedule.

B. ATTORNEY

1. Refer to Personnel Committee: City of Annandale Contract For Legal Services.

C. INFORMATION TECHNOLOGY

1. Authorize Signatures And Approve Contract With Municipal Software Corporation, $158,410.00, Building Permit/Inspection Scheduling System (CityView Software).

2. Refer to Building Committee: Card Access For Voice/Data Rooms In Public Works And Human Services.

1. Refer to Technology Committee: Record Management Planning, Technology Consultant Proposal For New LEC, Policy On Use Of Portable Devices.

D. HIGHWAY

1. Approve Agreement No. 06-51 With The City Of Clearwater For The Construction Of The River Country Regional Trail, Phase I.

Bob Hiivala, Auditor/Treasurer, requested appointment of two Commissioners to serve on the County Canvassing Board on 9-14-06 at 8:00 A.M. for the Primary Election. Eichelberg moved to appoint Heeter and Russek to serve on the County Canvassing Board, seconded by Mattson, carried 5-0.

Hiivala presented the “Somers Bay” Plat (Corinna Twp.) for approval. Hiivala received a letter from the County Attorney’s Office indicating that the plat could be approved contingent upon receipt and recording of the Consent to Plat for the 4th mortgage on the property. Mattson moved to approve the plat contingent upon receipt of the 4th Consent to Plat, seconded by Russek. Russek stated that signatures on the plat are contingent upon receipt of the Consent to Plat and that signatures should not occur prior to receipt. The motion carried 5-0 to approve the plat with said contingencies, “SOMERS BAY,” said plat involves a lot line adjustment on multiple fragments of property titled to multiple property owners, said properties described in part as follows: Lots 1 & 2, Block 1, Dallmans Addition, AND part of the NW1/4 of NE1/4 and part of NE1/4 of NE1/4, Sec. 25, Twp. 121, Rge. 27, and part of vacated Greer Ave. NE, fee owner being T&D Development LLC; AND Lot 3, Block 1, Dallmans Addition, AND Part of the NW1/4 of NE1/4 and part of NE1/4 of NE1/4, Sec. 25, Twp. 121, Rge 27, and part of vacated Greer Ave. NE, fee owners being Dennis J. & Tonya S. Klug; AND Lot 4, Block 1, Dallmans Addition, fee owners Russ A. & Carla D. Orson; AND Lot 17, Block 3, Borrell’s First Addition, fee owners Cristin M. Butler and Bradley G. Kreller; AND Lot 16, Block 3, Borrell’s First Addition, fee owner Alroy C. Lambrecht; with all outstanding taxes having been paid; the road has been accepted by Corinna Township; there is no park dedication fee involved in this replat; and the seven title opinion letters prepared by D. A. Schroeppel, Attorney at Law, have been reviewed by Thomas C. Zins, Assistant Wright County Attorney, who finds the plat to be ready for recording.

The July Revenue/Expenditure Guidelines were discussed. Hiivala said General Revenue is at 58% and Human Services is at 54% for the year. Mattson moved to approve the Guidelines as presented, seconded by Russek, carried 5-0.

Hiivala requested re-appointment of Mark Kampa (second term) to the Clearwater River Watershed District Board (CRWS). The position was advertised and no one applied. Heeter said Kampa has been actively involved and is doing a great job in this position. Russek moved to reappoint Mark Kampa to a second term with the CRWS, seconded by Sawatzke, carried 5-0.

Mattson provided an update on Ditch 38. He met last week with Pete Schmitz and Brad Fyle on clean out. Three culverts under Clementa Avenue require replacement. As the City of Montrose has taken over Clementa Avenue, Brad DeWolf will forward a request to Hiivala requesting County Board approval of culvert replacement by the City (no cost to the County). Schmitz and Fyle will provide bids on clean out but they need to know the exact elevation of the culverts. Hiivala was in contact with DeWolf who will contact Kerry Saxton, SWCD, directly on elevation requirements. The request will be presented for Board approval.

Russek said a request was sent by email for clean out of County Ditch 34. Russek notified Saxton on the request. Hiivala will follow up to see whether any request has been received by the Auditor’s Office.

The claims listing was discussed. Mattson referenced a claim on Page 5, Streichers ($5,058.69) for security system metal detectors. It was explained that these are for the main entrance of the Government Center. Mattson referenced a claim on Page 12, Gateway Companies Inc. ($6,774.50) for personal computers/monitors. He thought computer replacement should occur just prior to the County’s annual auction to avoid storage problems. Hiivala explained that the IT Department works on a computer replacement schedule throughout the year. On a motion by Mattson, second by Russek, all voted to approve the claims as listed in the abstract, subject to audit.

The Board discussed the Construction Management Agreement with Adolphson & Peterson (A&P) for the Jail project. Contract negotiations have occurred for a not-to-exceed figure of $1.287 million. At the last negotiation session, language was to be added to the Agreement which would include a clause dealing with force majeure and reflecting an $83,000 cap on reimbursements. The revised Agreement was received from A&P just prior to today’s Board Meeting. Not all Board members had a chance to review the revised Agreement. Concern was voiced by Mattson, Sawatzke and Heeter on the language relating to the force majeure clause. Sawatzke said when interviews occurred A&P indicated they were in charge of the construction schedule and if it were exceeded, it was A&P’s responsibility. In addition, A&P said they would be able to provide a not-to-exceed figure. However, the revised Agreement allows for expansion of the project and fees if anything happens. Sawatzke agreed that the Agreement should include a clause for Acts of God. However, he did not feel the language in the draft Agreement was what was agreed to at their last negotiation session. Gary Torfin, Jail Administrator, urged the Board to approve the Agreement with A&P. The Agreement contained standard AIA contract language and would be included with other construction management firms’ proposals. To select one of the other vendors who submitted RFP’s would cost more and he did not feel the contract language would differ. A&P would manage the project on behalf of the County. There are things which Torfin felt were outside of their control, including the project schedule. An 18-month construction schedule is relatively short. Any problems with labor or material delivery could cause the schedule to extend. Sawatzke said that should have been discussed when interviews occurred. Instead, A&P indicated it was their responsibility. Sawatzke felt uncomfortable with their change in position. Torfin responded that A&P, by all references received, has done an excellent to outstanding job on all other projects managed. Because of the truncated schedule for the Jail, a construction management firm needs to be hired as soon as possible. Heeter shared the concern and was frustrated with what was presented by A&P during negotiations. However, she felt the County should proceed with A&P. Sawatzke said his goal was to create a situation to reward the construction management firm if the project were completed in a timely manner. KKE Architects accepted a not-to-exceed figure if the project is extended but A&P does not want to. The Board discussed changes to Section 4.12 of the draft Agreement. The Agreement will be amended and sent to A&P for response. Brian Asleson, Chief Deputy Attorney, has not had an opportunity to review the draft as it had just been received. Mattson said he would not vote to approve the Agreement until Asleson has provided his approval. He also voiced disapproval with not being provided copies of the draft Agreement in the Board packet, providing opportunity for review prior to the Meeting. Sawatzke directed Torfin to send the draft Agreement, as revised by the County Board today, to A&P. Mattson moved to lay this issue over to the next meeting, seconded by Sawatzke. Sawatzke clarified that the motion included sending the revised language to A&P and if they are not interested, the County will proceed to contact Mortenson Construction. The motion carried 4-1 with Heeter casting the nay vote.

Tom Salkowski, Planning & Zoning Administrator, requested the Board accept the Findings and recommendations of the Planning Commission for denial of the following rezoning and authorize signature on the Notice and Order for Denial: Michael Radunz (Silver Creek Township), Planning Commission unanimously recommends denial of the request to rezone from AG General Agriculture to I-1 Limited Industry. A copy of the Findings and the Planning Commission Hearing Minutes were provided. Russek moved to accept the recommendation of the Planning Commission for denial of the rezoning and authorized signature on the Notice and Order for Denial, seconded by Sawatzke. Heeter supported the recommendation as well. However, this was a situation which required an up-to-date Land Use Plan. The request involves property next to a truck stop and the requested use would make sense. The motion carried 5-0.

Brian Asleson, Chief Deputy Attorney, presented a draft Order relating to a petition by the City of Monticello on County Ditch 33. The petition relates to two developments, Hidden Forest and Niagara Falls (Section 17, Monticello Twp.). Asleson reviewed the Order which reflects General Findings, Findings RE: Outletting Stormwater (MN Statutes 103E.411), Findings RE: Impoundment of Waters (MN Statute 103E.227), Findings RE: Transfer of part of Drainage System (MN Statute 103E.812), and the Order by the County Board. The Order was drafted as a result of a meeting held between Asleson, Kerry Saxton (SWCD) and Phil Elkin (WSB representing the City of Monticello). Asleson detailed the location of the proposed development on a map of the area. The two developments include about 5-6 parcels of land. The three parts of the Ditch that are most involved are located in Branch 1. The following changes were made to the Order: Page 2, Item 17, should read in part, “That the proposed impoundment will be of a public and private benefit, ...); Page 3, Item IC2, should read in part, “... with no costs assessed to other assessed and benefitted landowners on County Ditch 33, ...”. Eichelberg referenced the last page of the document, Item 4, outlining the five parcels which will be removed from the Ditch 33 assessment roll and will have no future responsibility for repair and maintenance costs on the Ditch. Asleson clarified that those landowners will not share in any repairs outside of the proposed area and is consistent with the Carlisle Village Order. The Township was notified but did not attend the meeting held last week to discuss the Order with the City. A draft of the Order was not sent to them. With regard to the transfer of Branches 1 & 2 as proposed in the Order, Sawatzke questioned whether the County should abandon those areas. Asleson reviewed the Statute relating to abandonment, which requires a petition by 51% of landowners. Statute relating to transfer of property indicates that once the transfer occurs, it is no longer subject to ditch law. Those on Branches 1 & 2 would no longer be assessed for benefits unless the Board decided to continue to do so. The Order clarifies that these areas would not be assessed in the future. In Asleson’s mind, this was the same as abandonment. Areas outside of the City would not be transferred unless the City agreed to it. Elkin said Branch 1 is a tile which is broken and the remaining tile will be removed. The area will be transferred to the City and then abandoned. Asleson noted that the parcels reflected on the last page of the Order are for the Hidden Forest and Niagara Falls Developments with the exception of one parcel which is located in Sunset Ponds. Sawatzke questioned any other issues which came up at the meeting with the City. Asleson said one issue discussed was the City’s responsibility for costs upstream. The Order was drafted to reflect consideration of the City costs related to the new outlet to the River. This new outlet may be delaying or possibly eliminating the need for other repairs on the Ditch system. That is the reason the City is not being held responsible for future repairs on the Ditch. Those upstream should continue with the same drainage as they currently have. Asleson will contact Saxton for his opinion on the Order. The changes will be incorporated into the document and brought back for review at the next meeting. Publication costs will be included. The Township will be provided a copy which will indicate that the Board will take action at their next meeting. Sawatzke moved to lay this issue over to the 8-29-06 Board Meeting, seconded by Mattson, carried 5-0.

Wayne Fingalson, Highway Engineer, requested that the Board take action to award the contract for the 2006 River Country Regional Trail, Phase I (Clearwater) to Veit Construction, $461,925.57 (low bidder). Fingalson said the City of Clearwater voted to proceed with the project using tax abatement bonds. Eichelberg moved to award the contract to Veit Construction, $461,925.57, seconded by Russek, carried 5-0.

Fingalson requested approval of Agreement No. 90056 with Mn/DOT for lighting construction. Bids are scheduled to be opened on 9-05-06. Nine locations will be impacted using $75,000 in safety grant funding. The Agreement will allow Mn/DOT to fund their 50% share for three intersections (TH 25 & CR 106, TH 12 & CSAH 8, TH 12 & CR 137). Mattson moved to adopt Resolution #06-50 approving Agreement No. 90056 with Mn/DOT for Lighting Construction. The motion was seconded by Sawatzke and carried 5-0 on a roll call vote.

Fingalson requested approval of Amendment No. 3 to Mn/DOT Agreement No. 86572 for the TH55 Corridor Coalition. The Agreement was originally approved on 5-25-04 and allows for Mn/DOT to act as the County’s agent in accepting Federal aid in connection with the TH55 Corridor Project. An amendment is required as part of the Federal reimbursement process to keep the consultant, SRF Consulting Group, Inc., on board through 2007 to help manage the transportation development process. Eichelberg moved to adopt Resolution #06-51, seconded by Russek, carried 5-0 on a roll call vote.

KKE Architects has requested approval of a proposal for the geo-thermal test well for the Jail/Law Enforcement Center project. The test is required in advance of putting accurate cost modeling together to check initial and life cycle costs (to determine payback). The proposal reflects a cost of $7,650.00 with two options outlined. With Option A, soil boring would continue to the point outlined in the scope or if bedrock is encountered shallower than the depth indicated. With Option B, boring would continue even if bedrock is encountered. Sawatzke moved to approve the proposal and to authorize Richard Norman, County Coordinator, to research and determine whether Option A or Option B should be selected, and sign the proposal. The motion as seconded by Mattson and carried 5-0.

Bills Approved

Adv. Law Enforce. Readi. $790.00

Alllina OCC Med 1,102.00

Ameripride Linen/Apparel 472.79

Ancom Technical Center 207.14

Appraisal Institute 281.56

Assoc. Oral & Maxillofacial 406.98

Auto Glass Center Inc. 160.60

B & B Prod.-Rigs & Squa 3,465.06

B & D Plumbing & Heating 919.00

Matthew Barthel 399.98

BLM Technologies Inc. 624.00

Boyer Truck Parts 140.77

Herb Bray 125.00

Breezy Point Resort Inc. 200.95

Bristows Kawasaki & Polaris 380.30

Buffalo Quality Feed Mill 914.15

City Buffalo 436.59

Catco Parts Service 2,380.05

Center Point Energy 2,128.27

Centra Sota Lake Region 45,886.61

Climate Air 3,775.84

Collins Brothers Towing 183.05

Comm. of Transportation 100.00

Contech Construction Prod. 7,160.06

Crow River Tools 145.85

Culligan of Buffalo 875.00

Decorative Designs Inc. 184.31

Randal Desmarais 195.00

Diamond Mowers Inc. 231.70

Jeanie Dinsmore 122.11

Farm-Rite Equipment Inc. 280.96

Joyce Farrell 600.00

Wayne Fingalson 1,053.53

Force America Inc. 389.91

Gateway Companies Inc. 6,774.50

Raymond Glunz 200.00

Going Under Dive Center 119.27

Gopher State One Call 451.55

Gordys Foods 155.72

Grainger 313.81

Greenview Inc. 13,252.39

Hardings Towing Inc. 186.35

Karla Heeter 657.54

Robert Hiivala 129.25

Hillyard Floor Care Supply 3,362.67

Imagetech Services 290.81

Industrial Supply Co. 350.84

Int’l Public Management 662.01

Interstate All Battery Ctr. 235.90

Keeprs Inc. 115.39

Greg Kramber 150.00

Ruth Kremer 128.40

Lake Region Co-op Oil 167.93

LaPlant Demo Inc. 538.11

Lawson Products Inc. 284.16

LexisNexis 110.00

M-R Sign Company Inc. 1,233.76

Frank Madden & Assoc. 4,453.02

Marco Business Products 1,661.63

Wendy Marschel 138.85

McMaster-Carr Supply Co. 117.23

The Metro Group Inc. 9,748.58

Minncor Industries Central 1,077.67

MJB Concrete Lifting 850.00

MN Office of Enterprise Tech. 370.00

Monticello Auto Body Inc. 128.18

Morrie’s Buffalo Chrysler 197.10

Morries Buffalo Ford Merc 1,540.11

MTI Distributing Inc. 140.81

Office Depot 2,667.18

Lynn Peavey Company 679.90

Michele Pecharich 210.00

Phillips 66 Conoco 76 110.51

Powerplan OIB 548.88

Precision Prints of Wright Co. 503.75

Prosource One 4,045.06

Pts of America LLC 1,169.00

Qwest 8,950.99

Anthony Rasmuson 288.00

Rhodes Lock & Glass 679.58

Royal Tire Inc. 5,566.03

SEH 3,770.21

Sherburne Co. Sheriff 31,385.52

Shane Simonds 136.61

Software House Int’l 6,261.15

Source One Supply Inc. 231.46

St. Cloud Fire Equip. Inc. 126.00

Streichers 5,792.98

Sweeney Brothers 937.76

United Locating Services 930.00

United Parcel Service 105.62

United Rentals Hwy. Tech. 158.69

University of MN 11,200.00

The Valuation Group 1,500.00

Voss Lighting 184.75

Waste Management TC W 205.12

West Payment Center 653.48

Wright Hennepin Electric 4,431.23

34 Payments less than $100 1,682.96

Final total $222,125.08

The meeting adjourned at 10:30 A.M

Published in the Herald Journal Sept. 25, 2006.