Wright County Board Minutes

AUGUST 29, 2006

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

The following changes were made to the minutes of 8-22-06: Page 2, 4th paragraph, 7th sentence, change from “negotiations” to “interviews” (Sawatzke); Page 2, 4th paragraph, 19th sentence, change from “negotiations” to “interviews” (Sawatzke); Page 3, last paragraph, add a final sentence to read, “The motion was seconded by Mattson and carried 5-0” (Norman). Russek moved to approve the minutes as corrected, seconded by Eichelberg, carried 5-0.

Eichelberg moved to approve the Agenda as presented, seconded by Russek. Mattson referenced Item A2 of the Consent Agenda, “Claim, KKE Architects, $37,424.00” and questioned whether payment should be made to the Architect when the Construction Manager had not yet been hired. Heeter stated that KKE has been completing work on the Jail project and should be paid. KKE does not have control over the County Board’s decision not to hire a Construction Manager to date. The motion to approve the Agenda carried 5-0.

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

A. ADMINISTRATION

1. Performance Appraisals: D. Anderson, W. LaSonne’, Assr.; K. Preston, A. Sturm, Sheriff.

1. Claim, KKE Architects, $37,424.00.

3. O/T Report, Period Ending 8-11-06.

B. ATTORNEY

1. Authorize Signatures On Warranty Deed RE: Albertville Truck Station.

C. HIGHWAY

1. Approve Agreement No. 06-53 With The City Of Otsego For Improvements to CSAH 42.

Bob Hiivala, Auditor/Treasurer, presented two quotes to repair County Ditch 38 in the area of the trailer park in Montrose. Mattson and Hiivala previously met with the two firms to outline the work required. The quotes were as follows: Fyles Excavating & Honey Wagon ($895) and J.L. Schmitz & Sons Excavating ($995). Mattson said Brad DeWolf, representing the City of Montrose, was supposed to have contacted the County with a request for culvert replacement on Clementa Avenue. The work will not be completed by either of the firms until the culvert elevation is known. Mattson had also been in contact with Kerry Saxton, SWCD. Hiivala had not checked his messages to see if DeWolf had attempted to contact him. Mattson moved to approve the low bid from Fyles Excavating, seconded by Sawatzke, carried 5-0.

Hiivala requested the Board set a Deferred Compensation Committee for the purpose of revisiting an earlier hardship withdrawal request. The purpose would be to review substantiating material for the request. Mattson moved to set a Deferred Compensation Committee Meeting for 9-05-06 at 8:15 A.M., seconded by Russek, carried 5-0.

Hiivala received a request from Todd Shoemaker, Wenck Associates, Inc., on behalf of the City of Delano, to outlet storm water into County Ditch 34. An aerial photo was distributed outlining subwatersheds, ditches (draintiles), developments, and flow direction. The proposal for Northwest Industrial Park involves development of approximately 60 acres on the northwest side of Delano, which would discharge into the adjacent wetland in the southwest corner of subwatershed 3407. Wenck Associates obtained Ditch 34 plan and profile drawings from the Auditor’s Office to plot the ditch alignment. It was noted that the Ditch is not an open channel but a clay draintile varying in diameter from 8” to 24”. The developer was required by the City to limit the site discharge to pre-settlement conditions which is a drastic reduction from existing conditions. In addition to the proposed development, the CPDC and Murphy properties are slated for development in coming years. Wenck Associates has recommended that the County prepare a storm water management plan for the Ditch 34 drainage area. This plan may include diversion of storm water to adjacent watersheds, replacement of the draintile system, and/or creating an open channel for Ditch 34. Russek wanted an opinion from Kerry Saxton, SWCD, before proceeding on the request. Brian Asleson, Chief Deputy Attorney, stated the County would hold a public hearing on the request, with the requirement of mailed notice to the landowners on the Ditch and a 3-week public notice in the newspaper. Russek stated that costs involved with publication, mailing and the time of the SWCD should be tracked for future reimbursement, as these items should not be completed at taxpayer’s expense. Russek moved to schedule the Public Hearing for 10-03-06 at 9:30 A.M., seconded by Mattson, carried 5-0.

The claims listing was reviewed. Hiivala referenced claims on page 7 to MN CVSO ($185 & $30) related to dues and meals for Ernst, Bonk and Reese. He requested that the portion of the claim relating to meals for Bonk and Reese be pulled ($28 + $30) and that the remainder of the claim be paid ($110). That portion being pulled may not qualify under the meal reimbursement policy. Russek referenced a claim on Page 1, MN Society of Professional Surveyors ($100), to be funded from the Administration budget. Richard Norman, County Coordinator, stated the claim should be paid from that Budget as payment is for advertisement costs. On a motion by Russek, second by Eichelberg, all voted to approve the claims listing as changed, subject to audit.

Brian Asleson, Chief Deputy Attorney, requested approval of the draft Findings and Order relating to the petition by the City of Monticello relating to Ditch 33. The draft reflects changes as directed by the County Board at their last meeting (reflected on page 3 of the document). Since the time of the draft, Asleson was contacted by Kerry Saxton, SWCD, who requested additional changes to Page 2, Item 13. The change would remove the language from the last sentence, “creating a storm water retention pond of approximately 50 acres in size” and replace it with “restoring approximately 50 acres of type 3 wetland.” Sawatzke referenced Page 3, Item IC2, and requested the following language be added to the end of the last sentence, “and further subdivided.” Adding the language would protect landowners from being further assessed unless land is developed or subdivided. A copy of the draft was sent to the Township with no response. However, Asleson received an email from Shannon Bye, a resident who was present at the last meeting to voice concerns on water quality issues. Her email contained results of a water test performed on a storm water runoff sample obtained from the Gillard Avenue storm sewer. Sawatzke received the same information. Test results were positive for coliform and ecoli, although it was unclear what the numbers reflected. He suspected that the amount of contamination was dependent upon the lifestyles of those living in the area (pollutants, lawn chemicals, etc.). The information was dated 8-22-06 but Bye probably received the results after the meeting last week when this issue was discussed. Discussion led to costs associated with the request, including publication and staff time by the Attorney’s Office and the SWCD. The costs could be waived due to the large investment by the City and developer for the storm pipe (approximately $200,000). Asleson was unsure of the time spent by the SWCD on the request but felt his time was less than what was expended on the Carlisle Village and Ditch 21 requests. Sawatzke moved to approve the Findings and Order relating to the petition by the City of Monticello on Ditch 33, to include the change on Item IC2 adding the language, “and further subdivided”, and noting there will be no requirement for reimbursement for legal or engineering review by the County due to the large investment of the oversized pipe and benefit to the drainage system. The motion was seconded by Russek. The motion was amended to reflect the change to Item 13 as reflected above. The motion carried unanimously.

At 9:30 A.M., Commissioner Heeter closed the bids for the CSAH 8 concrete project at Hasty. Wayne Fingalson, Highway Engineer, opened the one bid received from Progressive Contractors, Inc. PCI ($333,155.70). Engineer’s estimate was $280,000.00. As the County was unable to obtain funding from Mn/DOT, a fairly involved sequence of scheduling was required for the different options for traffic control (five phases). The project is small and late in the season so there was not a lot of interest by contractors. The project involved 1500’ on the south end and 500’ on the north end of the approach. The problem relates to the large turning movements of trucks. Fingalson recommended rejecting the bid. The options would be to rebid this project to be completed next year or to use superpave bituminous. Others have tried this product and have had mixed results. On a motion by Mattson, second by Russek, all voted to reject the bid received from Progressive Contractors, Inc. PCI.

Fingalson requested approval of the Petition for Local Improvement and Agreement of Assessment and Waiver for the new truck station in Otsego. This is the formal approval of the City installation and construction of sanitary sewer and water main improvements at the newly purchased property in Otsego for the new truck station. The assessment is $30,950.00 plus interest at the rate of 5.5% per year. The total amount budgeted by the County was $35,000. Extra costs will be involved to auger under City streets to reach the sewer/water lines. The work is scheduled to be completed by the end of October and the building will be ready in November. The Petition will be signed by all landowners involved. Russek moved to authorize signatures on the Petition, seconded by Eichelberg, carried 5-0.

Marc Mattice, Parks Administrator, requested that the Board schedule a Closed Session of the Committee Of The Whole to discuss acquisition of property and easements (PID #209000091401, #209000161101, #209000162400, #209000162300, #209000171100, #209000084402). Sawatzke moved to schedule the meeting for 9-12-06 at 10:30 A.M., seconded by Russek, carried 5-0.

Mattice provided an update on the archaeology study for the CSAH 12 trail and road. At their meeting on 7-15-06, the County Board authorized expenditures of up to $10,000 for the study (based upon an estimate provided by a consulting firm) and for RFP’s to be mailed. Nine firms were sent the RFP and six responded. Costs ranged from $16,000 to $26,542. The three lowest proposals were sent to the Cultural Resources Unit for content and acceptability. The three firms were asked to update their scope of work with two firms responding thus far. Costs were $16,850 and $17,220. Mn/DOT has been asked to review the resubmitted proposals for recommendation on how to proceed. The study is required for grant funding for the 1.6 mile section on CSAH 12. Eichelberg said the study must be completed for both the road and trail. It 08-29-06 WRIGHT COUNTY BOARD was the consensus that this issue should be brought back next week with Mn/DOT’s recommendation and the low bid. Russek moved to table the issue until 9-05-06, seconded by Eichelberg, carried 5-0.

A Building Committee Meeting was held on 8-23-06. At today’s County Board Meeting, Russek moved to approve the minutes, seconded by Eichelberg, carried 5-0:

Proposal For Engineering Study, Human Services Building. At a previous Building Committee Meeting it was agreed to hire Climate Air to install two new air handling units at the Human Services Center building, with a cost of $31,000 plus the electrical work. Al Buskey and Craig Hayes received a revised proposal from Climate Air, stating ductwork was not included in the $31,000 price. This would increase the project price by $23,000, bringing the total project cost to over $50,000. There are two main objectives for this project; to put more air into the building and start updating mechanical components. Since the cost to the project is much higher, it makes updating less feasible. Buskey can get better airflow in the building by running the furnace fans, although there were complaints by employees that it became too breezy. Buskey can also change the defusers in the ceiling to get more air into the building. If these ideas are implemented and they work, it would be much less costly than renovating the air system. Right now there are no complaints from employees on airflow or air quality, but during the cold months, employees complained about cold drafts against the walls. If the replaced defusers and furnace fans don’t help alleviate the quality and circulation of the air, the County can always go back to the initial plan of replacing air handling units and ductwork. The carbon dioxide levels, which are 20% higher than standards, are not hazardous to employees, but create less fresh air. Buskey can test the carbon dioxide levels and see if air quality and circulation improves by replacing the defusers and using the furnace fans. Hayes stated the mechanical system could be completely renovated over the next 10 years, but it may not increase the value of the building itself. Some of the equipment needs to be replaced, but, because of its age, it was decided to replace items as needed. There are no plans to vacate the building in the near future. It is centrally located and adequately houses the Human Service Center. It was suggested an overall study be done on the equipment for age, useful life cycle, schedule of replacement, and costs. If Buskey is unable to alleviate the air problems, it was decided the issue will be re-addressed in six months.

Proposal From Otto Associates RE: Expansion Of West Parking Lot. Craig Hayes distributed a letter and proposal from Otto Associates for the west parking lot. The cost for the preliminary work will be approximately $10,000, which includes specifications for incorporation into the bid documents. This amount is comparable to work done on the last two parking lots. The cost could increase if something is uncovered during digging, and there could be more construction hours than currently bid. Paving, which includes grading 2 feet deep and curbing for most of the lot, will cost approximately $50-60,000.00. This does not include any electrical lighting. Lights are not needed in this lot because there are City streetlights close by and there are other well lit parking areas on County property for nighttime use. It was decided not to buffer the property with shrubs. With the $31,000 for updating the Human Services Center not being used at this time, the money could be taken from the Site Improvement Fund. The parking lot may not be completed this Fall and could be a Spring project. Recommendation: Accept the proposal from Otto Associates.

Parking Deck Repairs. Three companies submitted proposals for doing repairs on the parking deck, which consists of repairing worn spots and recoating the existing surface. Restoration Tech, one of the bidding companies, said they would patch the bad spots, which may be good for an interim repair. The concrete seams have become delaminated and are pulling away from the concrete. The cost to repair would be $6,500 for 1,000 square feet. It could exceed this amount if more than 1,000 square feet of repairs is needed. Caulking joint repair will be approximately $870.00. The last time this was done was in 1999 and this repair lasted 2 years longer than expected. Recommendation: Proceed with repairs as proposed by Restoration Tech.

Courtroom Doors Update. Nelson Construction, apparent low bidder, was awarded the job of replacing 10 courtroom doors. The current doors have walnut on the inside and oak on the outside. Nelson had quoted a price for oak inside and out, and the pricing didn’t include door closers. When the price quote from Nelson was completed, Ernst Construction became the lowest bidder. The project has been awarded to Ernst and the project will begin. The cost is $2,150 per door, including tax. The old doors would be hard to store due to lack of space and selling them at auction would not bring very much. Craig Hayes is going to check with Ernst to see what they plan to do with the old doors. (End of Building Committee Minutes)

A Personnel Committee Meeting was held on 8-23-06. At today’s County Board Meeting, Sawatzke made the following changes to the minutes: Page 1, 1st paragraph, 2nd sentence, change to (9 months @ Step 1 of the Salary Schedule)”; Page 1, 1st paragraph, 2nd sentence, change to (9 months for wage differential....). Mattson moved to approve the minutes as corrected, seconded by Sawatzke, carried 5-0:

Request To Hire Two Deputy Sheriff’s To Fill School Resource Officer Positions. The St. Michael and Maple Lake Schools have requested School Resource Officers for the 2006-2007 school year. School Resource Officer positions are funded by the school involved (9 months @ Step 1 of the Salary Schedule) and by the County (9 months for wage differential if any and total benefits & 3 months for total wages and benefits). The County provides a vehicle for these Officers. During the three months they are not working as School Resource Officers, the Deputies are used for traffic patrol and vacation coverage. School Resource Officer positions are filled with current Deputies if there is interest and those positions are then backfilled. The request for these positions is not reflected in the 2007 Budget expenditures but the revenue anticipated is included. Expenditures are estimated at $100,000 for these two positions. Three other positions were requested in the 2007 Budget. Revenue will be realized in 2006 for payments received from the schools (September-December). Norman requested that the Sheriff Department develop contracts with the schools for Resource Officer positions, similar to the law enforcement contracts held with cities. Those contracts would address payment, general liability and workers’ compensation. Currently the Sheriff Department is involved with payment receipts and tracking for Resource Officer Positions. If a contract were developed for these positions, the payment receipt and tracking could be handled through the Auditor’s Office (as is done with the Law Enforcement Contracts). Sawatzke suggested that the wage reimbursement be reviewed and possibly moved to Step 2 initially and Step 3 at a future date. This is because these positions may be filled by current employees who have already moved beyond these Steps. Recommendation: Authorize the hire of two School Resource Officers as requested. The Sheriff Department was directed to develop a contract to be used with all schools for these positions, reflecting coverage for general liability and workers’ compensation. Future billing/tracking will be handled by the Auditor’s Office. Reimbursement for the School Resource Officer’s wage should be increased as discussed. Norman will adjust the 2007 draft Budget figures to reflect the two additional positions.

Performance Appraisal - Steve Jobe, Surveyor. Based on review of five appraisals submitted, the Committee recommends an overall rating of “Exceptional.” The Committee also recommends reappointment to a four-year term commencing January 1, 2007.

Discuss Policy 506 Revisions, Business Related Expense Reimbursement. (Human Services Board Item)

(End of Personnel Committee Minutes)

On a motion by Russek, second by Eichelberg, all voted to authorize attendance at the MCIT Seminar, Shoreland Issues in 2006, being held in Detroit Lakes on 9-21-06. Copies of the information were sent to Saxton and Salkowski.

At the last County Board Meeting, the contract with Adolphson & Peterson Construction (A&P) for Construction Management services was discussed. Changes to the draft AIA contract were to be made and forwarded to A&P. Since that time, Heeter has received revised contracts back from A&P reflecting approval of the changes requested by the County. Mattson voiced concern with the County’s desire for a not-to-exceed figure and the contract language allowing for additional charges during situations beyond the control of A&P. Sawatzke said it was the goal to include a not-to-exceed figure with the exception of those items listed in 4.12 dealing with Acts of God. Asleson said with regard to contract interpretation, that section would list those items that both parties agreed to but would also include things that neither party has thought of or discussed. Mattson felt that when a firm is interviewed for such a project, they should have a sample contract for review so questions can be addressed at that time instead of adding things at a later date. Heeter responded that the AIA document was standard. Three firms were interviewed and A&P rose to the top. They have a track record of completing projects on time and within budget for neighboring counties. She felt the Board should trust in good faith that A&P will do a good job for Wright County. Mattson agreed with Heeter but said three things had changed already and that is what bothered him. Page 8, Article 4.4 was referenced which reflects that Gary Torfin is designate as the primary contact. The County would need to designate a secondary contact. It was decided that the contract should reflect the secondary contact as Richard Norman. With regard to Torfin’s ability for decision making, it was felt that there would be varying levels based upon cost. Torfin was present at today’s meeting and urged the Board to proceed with A&P so they can be present at the next meeting with KKE, scheduled for 9-01-06. This will be the last meeting prior to the Schematic Design Phase. Eichelberg moved to approve the revised AIA document with A&P, seconded by Russek. Sawatzke referenced the changes to the AIA document discussed at the last meeting and the fact that the changes were not listed in the County Board Minutes. It was the consensus that the County Board tape from 9-22-06 would be retained until project completion as it would reflect discussion on items which should be included in the contract. Mattson supported the motion with some question and noted that Wright County may be used as a reference for A&P in the future. The motion carried 5-0.

Bills Approved

Acme Window Cleaning. $1.821.15

American Instit. Supply 1,208.71

Ameripride Linen/Apparel 217.13

Ancom Technical Center 166.33

Aramark Services 5,121.69

B & D Plumbing & Heating 403.00

Braun Intertec Corp. 3,216.50

Buffalo Hospital 18,304.00

Burdas Towing 174.66

Business Ware Solutions 285.08

CDW Government Inc. 138.94

Center Point Energy 1,946.32

Collins Brothers Towing 234.01

CPS Technology Solutions 1,320.64

Embarq 158.63

Ernst Gen. Construction Inc. 2,732.00

Fastenal Company 190.56

Gateway Companies Inc. 362.10

General Pallet Inc. 343.50

Gould Bros. Chev-Olds 133.13

Granite Pest Control Serv. 130.80

Hardings Towing Inc. 106.50

Hillyard Floor Care Supply 2,036.71

Interstate All Battery Ctr. 192.92

Jerrys Towing & Repair 117.15

Cheryl Klinger 100.00

Lakedale Telephone Co. 242.18

LaPlant Demo Inc. 1,552.64

Marco 261.38

Marco Busiiness Products 2,872.31

Menards - Buffalo 487.13

The Metro Group Inc. 4,580.35

MN Assn. of Co. Feedlot Offi 180.00

MN CVSO Secretaries Assn. 129.00

MN Society of Prof. Surveyors 100.00

No. Suburban Towing Inc. 118.83

Office Depot 1,410.85

Olsen Companies 169.34

Qwest 453.92

Retrofit Recycling Inc. 4,651.61

RS Eden 891.45

Jack Russek 160.00

Russells Security Resource 660.00

Ryan Motors Inc. 288.94

Sherry Schliesing 182.90

Setina Mfg. Co. Inc. 286.49

Shell Fleet Plus 5,684.09

Sherwin Williams 394.74

Specialty Turf & Ag 544.22

SRF Cons. Group Inc. 24,102.52

Tri-Co Tree Movers 2,040.00

Trueman Welters, Inc. 1,232.11

Uniforms Unlimited 151.76

Verizon 934.36

Viking Coca Cola Bottling Co. 104.25

Voss Lighting 102.24

Walmart Community BRC 145.73

Walmart Store 01-1577 1,066.49

Wright Co. Highway Dept. 5,374.24

Wright Hennepin Electric 843.00

Xcel Energy 567.51

Zack’s inc. 183.82

18 Payments less than $100 806.82

Final total $105,119.38

The meeting adjourned at 10:18 A.M

Published in the Herald Journal Oct. 2, 2006.