WRIGHT COUNTY BOARD MINUTES
AUGUST 21, 2012
The Wright County Board met in regular session at 9:00 A.M. with Sawatzke, Russek, Thelen, and Eichelberg present. Commissioner Mattson was absent.
Russek made the following correction to the 8-14-12 County Board minutes: Page 1, 8th paragraph, 1st line should read, “At the request of Hiivala, Russek made a motion to authorize advertisement of bids for repair work to Joint Ditch 15.” Russek moved to approve the minutes as corrected. The motion was seconded by Eichelberg and carried unanimously.
On a motion by Eichelberg, second by Russek, all voted to approve the Agenda as presented.
On a motion by Russek, second by Eichelberg, all voted to approve the Consent Agenda:
1. Performance Appraisals: N. Ellis, Hwy.; R. Ferguson, R. Hillukka, C. Kuhlman, T. Macleod, T. Pippo, Sher./Corr.
2. Cancel Board Meeting Of 10-02-12 (Due To Five Tuesdays In October).
3. 1st & 2nd Quarter Training Reports.
4. Approve Charitable Gambling Application Form LG 220, Monticello Chamber Of Commerce & Industry, 6524 Fallon Ave. NE, Monticello MN 55362 (Monticello Twp.).
5. Claim, Madden, Galanter & Hansen, LLP, $1,273.69 (July, 2012 Service).
6. Authorize AMC Delegates Attendance At Fall Policy Committee Meetings, 9-27-12 To 9-28-12, Brainerd.
Bob Hiivala, Auditor/Treasurer, requested approval of a resolution conveying tax forfeited property to the City of St. Michael claiming blight of the land. The tax forfeit parcels involved are PID #114-500-144103 Public Park Land, and PID #114-500-144106, Public Park Land (both parcels are adjoining the existing Walnut Park. Eichelberg moved to adopt Resolution #12-43, seconded by Russek, carried 4-0 on a roll call vote.
On a motion by Russek, second by Eichelberg, all voted to accept the July Revenue/Expenditure Guideline Report.
Hiivala was in contact with Kurt Deter, Rinke Noonan, on work that needs to be completed on Joint Ditch 14. Hiivala said it is recommended that a meeting be held with benefited property owners to discuss repair work. Kerry Saxton, SWCD, has requested a mid-September meeting. Notices will be sent to benefited landowners in Wright, Meeker, and McLeod Counties. Publication of the meeting notice is required. Hiivala asked for an evening meeting but was unsure of the availability of Stockholm Township. Russek moved to authorize a Joint Ditch 14 Meeting with benefited property owners. Hiivala will schedule it for either 9-12-12 at 7:00 P.M. or 9-13-12 at 7:00 P.M. Hiivala will notify McLeod and Meeker Counties to send the meeting notice to benefited landowners in those counties. The motion was seconded by Eichelberg. Hiivala stated that Wright County has three Commissioner appointments to the Joint Ditch Authority (Mattson, Russek and Thelen). McLeod and Meeker each have one appointment. At the request of Norman, Hiivala will place the specific date and time of the meeting back on the County Board Agenda next week for approval. The motion carried 4-0.
The Board discussed two appointments to the Clearwater River Watershed District (CRWD) Board. The first involves the reappointment of a member whose term is expiring. The second relates to a vacancy created by a resignation. Brian Asleson, Chief Deputy Attorney, said he will need to review State Statutes to determine whether advertisement for the open position needs to be published or whether it can just be posted. Sawatzke did not feel publishing is required by law, but recent practice of the County has been to publish notice. This has resulted in impressive applications for open positions. Sawatzke made a motion to reappoint Mark Kampa to the CRWD Board, seconded by Russek. Russek asked whether the two positions on the Board are Wright County positions. Thelen said that is correct. Stearns County has a vacancy as well. Sawatzke said the Wright County Board has tried to spread out representation on boards so that members are not all from the same area or lake. They are looking for geographic balance. The motion to reappoint Mark Kampa carried 4-0. Russek make a motion to authorize the Auditor/Treasurer to publish notice for acceptance of resume’s for the CRWD Board. The resume’s are to be submitted to the Auditor/Treasurer by 4:30 P.M. on 9-17-12. The CRWD appointment will be placed on the County Board Agenda of 9-18-12. The motion was seconded by Eichelberg and carried 4-0.
On a motion by Russek, second by Eichelberg, all voted to approve the claims as listed in the abstract, subject to audit.
Lt. Todd Hoffman, Sheriff’s Office, asked the Board to authorize signatures on an Amendment to the BCA CJDN Subscriber Joint Powers Agreement (JPA) to include Court Data Services. The Amendment has been reviewed by Asleson. Currently, the products do not come with any type of fee. Eichelberg moved to authorize signatures on the document. The motion was seconded by Sawatzke and carried 4-0.
Marc Mattice, Parks Administrator, requested the Board schedule a Public Hearing for the review of grant applications for the Non-Metro Regional Parks Grant Program and the Park & Trail Legacy Grant Program. Applications will include funding for Phases 6 and 7 acquisitions at the Bertram Chain of Lake Regional Park. The County Board took action on 7-31-12 to authorize Mattice to prepare the grant applications. Holding the Public Hearing is part of the grant application and submittal process. Sawatzke made a motion to schedule a Public Hearing for 9-11-12 at 9:30 A.M. The motion was seconded by Eichelberg and carried 4-0.
Referred from the 8-16-12 Budget Committee Of The Whole (BCOTW) Meeting, discussion occurred on the request from the Administration Department to fill a vacant Administrative Specialist position. Norman said he provided compelling reasons at the BCOTW Meeting why the position should be filled. The position is in the budget and is one of the positions that was frozen when it was vacated over two years ago. Norman said the work demands have not gone away and have actually increased. The County has saved the last two years by not filling the position, and he stated it is appropriate at this time to fill the position. Eichelberg said the request for the position was heard at the BCOTW meeting. Eichelberg moved to authorize the request to fill the Administrative Specialist position. The motion was seconded by Russek. Sawatzke stated he opposes the motion for a number of reasons. First, filling the position will open the flood gates for a number of other positions in the midst of an economy which requires belt tightening. Sawatzke said when Norman made the argument for the position, he said that at minimum it should be filled half-time. Sawatzke felt that would be more reasonable and would come at half the cost. In addition, NEOGOV software is recommended for approval as part of the 2013 Administration Department budget. Sawatzke said the software is to create efficiencies in the Administration Office which will result in more efficient workers and the Department getting more done with the same amount of people. Sawatzke said someone mentioned to him this morning how this product has been used successfully in Rice County, resulting in a decreased workload. Sawatzke said the County is spending money for a new software program that is to make the office more efficient and supported seeing its effects prior to adding more staff. Russek said this is not a new budget item. The position has been in the budget but it just was not filled. Thelen supports the motion. She said the Administration Office serves the needs of all departments and the less delay in this function, the better. As far as the comment Sawatzke made on opening the flood gates, Thelen felt each position request would be entertained as it is presented. The motion to fill the position carried 3-1 with Sawatzke casting the nay vote.
The meeting recessed at 9:23 A.M. and reconvened at 9:30 A.M.
The Public Hearing occurred on a proposed Wright County Water Surface Use Ordinance. Greg Kryzer, Assistant County Attorney, provided an overview:
• In 2011, Wright County had an unprecedented amount of rain which resulted in a number of lakes being at a high elevation (over 18 inches of rain between May July, 2011). The County was approached by lake shore owners requesting an emergency no wake ordinance.
• On 7-26-11, Wright County adopted the Emergency Slow No Wake Ordinance. No Wake restrictions were immediately implemented on 13 lakes. The Emergency Ordinance expired on October 1, 2011. County Board and Staff indicated that they would work on a permanent ordinance to avoid using emergency powers in the future.
Issues and Comments.
• Lack of proper gauges resulted in inability to issue citations.
• Staff received complaints that full lake restrictions were not warranted 300 ft. is sufficient.
• Need consistency in the ordinance to assist in educating the public about the restrictions and its benefits.
• Staff was requested by several lake association representatives to create a procedure for adopting a permanent ordinance. Criteria was established so that the process was open and consistent.
• On 4-03-12, procedures were presented to the County Board for enacting the Ordinance.
• The 4-03-12 Policy reflects:
1. The Lake must have an active Association.
a. Staff wanted local endorsement and local input from affected property owners.
b. Staff did not want to arbitrarily decide on the restrictions.
c. Local involvement assists in enforcement.
2. The Lake Associations were required to complete a worksheet and decide on the restrictions they were requesting.
• County authority only extends to lakes outside of incorporated (city) areas.
• County Border Lakes are not included and Border Lakes require cooperation and a Joint Powers Agreement from the bordering County.
• Seasonal No Wake Restrictions are in place seasonally on an annual basis and only available Memorial Day Weekend to Labor Day. Restrictions are either 100 feet or 150 feet from the shore.
• High Water Restrictions are 300 feet from the shore. Entire lake restrictions are not allowed. Lake Associations were required to decide on an elevation when the restrictions go into effect.
• Notice and a copy of the proposed ordinance was mailed to all municipalities in Wright County. The County Attorney’s Office did not receive any negative comments from the local municipalities.
• Lake Associations were required to meet with the local units of government to show the proposed restrictions they were requesting.
No Wake Restrictions.
• Four lakes have requested inclusion in the Ordinance including Cedar Lake, East and West Lake Sylvia, Howard Lake, and Lake Ann.
1. Cedar Lake
a. Requesting High Water Restriction
b. Requested Elevation 999.17 Feet
c. Ordinary High Water (OHW) 998.7 Feet
d. Exemption for Launching or Landing Skiers
e. No known opposition from Corinna Twp
2. East and West Lake Sylvia
a. Requesting High Water Restriction
b. Requested Elevation 1050.08 Feet
c. Ordinary High Water (OHW) 1050.1 Feet
d. Exemption for Launching or Landing Skiers
e. Permanent No-Wake in the Channel
f. No Known Township Opposition
3. Howard Lake
a. Requesting High Water Restriction
b. Requesting Seasonal Restriction 150 Ft.
c. Requested Elevation 998.58 Feet
d. Ordinary High Water (OHW) 998.6 Feet
e. Exemption for Launching or Landing Skiers f.
No Known Municipal Opposition
4. Lake Ann
a. Requesting High Water Restriction
b. Requesting Seasonal Restriction 100 Ft.
c. Requested Elevation 990.5 Feet
d. Ordinary High Water (OHW) 987 Feet
e. Exemption for Launching or Landing Skiers
f. No Known Township Opposition
• SECTION 4.10
1. Recodification and reorganization of the Ordinance originally passed on March 2, 1976 and mainly dealt with safety issues on waters. The proposed ordinance adopts those restrictions. Subd. 1 and Subd. 2 of the original Ordinance are deleted in the proposed ordinance as they are no longer applicable. Subdivisions in the proposed ordinance are renumbered because of those deletions.
2. Subdivisions in the proposed ordinance include:
a. Subd. 1. - Observer required on weekends/holidays when towing a person.
b. Subd. 2. - No towing in a channel.
c. Subd. 3 - No passing in a channel.
d. Subd. 4 - No obstructing watercraft in a channel.
e. Subd. 5 - No swimming in a channel and no jumping or diving from a channel bridge.
Kryzer said the only bridge he is aware of is on Clearwater Lake.
(End of PowerPoint Presentation by Kryzer)
Commissioner Thelen then opened the public comment portion of the Proposed Water Surface Use Ordinance Public Hearing.
Thomas Huffman, Vice President, Bass Lake Association, said that when restrictions were placed on lakes last year, the levels of Bass Lake were not checked. Bass Lake levels never made the restrictions and no one talked with their Lake Association. Huffman said he visited with the Sheriff at the Wright County Fair and the Sheriff does not feel this is a good idea. Huffman referenced the MN Boating Guide which reflects that violation of boat and water safety statute or rule is a misdemeanor, with some exceptions for repeat violations or more serious offenses. He read further from the Guide under General Prohibitions which reflects that it is against the law to operate a watercraft so that its wash or wake endangers, harasses, or interferes with any person or property. The Bass Lake Association voted 34 against and 5 for the no wake zone. Huffman said another concern is the water that will be carried from lake to lake as deputy’s patrol. The more activity, the worse the invasive species could be. Huffman said the Bass Lake Association represents two thirds of the residents on Bass Lake. Those using Bass Lake this past Fourth of July stayed in the middle of the Lake. Huffman said the Bass Lake Association President is using coconut cores to protect the lakeshore of his property. This is a DNR approved method and helps to rebuild the lakeshore. Huffman felt there are solutions without more enforcement. Lake residents that witness a bad actor on a lake can file a formal complaint with the Sheriff’s Department. This activity can be punishable by misdemeanor, with higher penalties if the actions continue. He encouraged obtaining the license number and the use of a video camera or regular camera. Huffman referenced a letter in the Annandale Advocate from a Lake Sylvia property owner that resides in Phoenix. He said the letter reflects that person’s opinion on small businesses not caring about tourists. Huffman said that his daughters rented a house on Lake Sylvia and they purchased many things locally. He did not feel the businesses would want to lose revenues from seasonal residents. Huffman said if anyone is interested in finding out more about use of the coconut cores, they should contact him (Annandale phone book).
Kathy Jonsrud, President, Cedar Lake Association, urged adoption of the Ordinance and re-codification of the other provisions of law. The Cedar Lake Association unanimously adopted and went through the steps to apply for the opt-in provision of the proposed Ordinance. She extended appreciation to the Board and staff for the time spent to provide a standing culture of watching over County lakes during periods of high water. When the Cedar Lake Association heard of other lakes having concern with the proposed Ordinance, Cedar Lake members were surveyed and 90% supported the opt-in provision with a 300 foot no-wake setback. Jonsrud stated the Ordinance is important to Cedar Lake, as it is a highly used Lake with a campground. She feels the Ordinance will improve the culture and Lake rules will be understood. She said the Ordinance will be valuable for Cedar Lake during periods of high water.
Kent Davidson, President, Lake Sylvia, said their Lake Association sent a survey last winter to members on wake restrictions. A 65% response was received. Of those that responded, 79% favored wake restrictions and 21% did not. Davidson said this is something that clearly their constituency overwhelmingly favors. The Association has concern about enforcement and buoy placement and they are willing to assist in those areas.
Phyllis Latour, Lake Sylvia Resident, fully endorses the Ordinance. She serves on the Southside Township Board and there was no opposition from the other members of that Board. The Township Board feels it is up to the individual lake to decide whether to select the opt-in provision. As a resident of the Township and of the Lake, she fully supports the Ordinance.
Thomas Huffman said lake associations are non-profit groups. The Bass Lake Association represents about 2/3 of the property owners, as there are residents who are not part of the Association. He stated that what is being decided will impact lot values and utilization of properties. Huffman, a former realtor, said he and other realtors understand this type of ordinance can and will impact lake values. Huffman does not think lake associations should be involved with legal decisions such as this. He feels State law covers this. Damage to shoreline can be the result of bad actors on the lakes or may involve residents of the lake not recognizing possible impact of their actions. On Bass Lake, they try to provide information to prevent this activity, although he thought that may be hard to do on larger lakes. Huffman said it is important to remember that all these rules come attached to some type of bad effect.
Phyllis Latour said she also sold real estate for many years. Her experience is that when people purchase lake properties in the Annandale area, it is a large investment. She believes most of the people investing in the properties want to make sure the property and lakeshore stay the same as when they purchased it (no erosion on lakeshore due to the high water).
Thomas Huffman said he contacted the DNR Hydrologist located in St. Cloud. Huffman said the DNR Hydrologist stated that no-wake zones do no good and there is no credible evidence that this really helps. Huffman said property owners on lakes deal with storms and ice jams that can be devastating to lakeshore. One storm can ruin a lakeshore. He said it is not anything that this type of ordinance will help.
At 9:58 A.M., Thelen closed the Public Hearing and reconvened the Board Meeting.
County Board members discussed the proposed Ordinance. Russek asked who will monitor lake levels during periods of high water if the Ordinance is passed. Kryzer stated that the intent is to have the Surveyor Department place a marker which will be monitored by the lake associations and the Sheriff’s Water Patrol. They will seek local involvement of the lake associations for notification to the Sheriff’s Office when restrictions are getting close or in place. Russek said in instances of a lake bordering another county, approval is required from that border county to enact an ordinance. He asked whether the City of Howard Lake’s approval is required for Howard Lake. Kryzer explained that if the Lake were fully surrounded, then it would fall within that jurisdiction. Since about half of Howard Lake is in the County, it falls under the County’s jurisdiction.
At 10:00 A.M., Thelen closed the bid process for the Human Services Parking Lot Project.
Discussion continued on the proposed Wright County Water Surface Use Ordinance. Sawatzke said he supports the approach. He was glad that the proposed Ordinance was not created for all lakes when it is perceived there is a problem with only a few.
Sawatzke had several questions. The first relates to the process for removal of a lake from the Ordinance. Last year, there was a temporary no-wake zone for all County lakes. He referenced maps presented today reflecting a visual of the 300’ setback from shore on four lakes. Sawatzke said these maps show the 300’ setback will leave a large area of the four lakes available for recreation. The 300’ setback is a courtesy of backing off from the shoreline. Sawatzke said some lakes may not want to be included in the proposed Ordinance in the future. He questioned the process of being removed. Kryzer said the notice for removal would be published for 10 days. A public hearing would be held and the County Board would vote on the removal. Kryzer said the County has gone through the permitting process and he does not plan on revisiting this. The lakes that are proposed to be included will remain unless they follow the process for removal.
Sawatzke’s second question relates to enforcement. He asked whether the Sheriff feels the proposed Ordinance is enforceable as it is set up. Sheriff Joe Hagerty stated that the no-wake zone last year was very confusing for many. He viewed this as part of Huffman’s frustration. The proposed Ordinance will not affect Bass Lake, the Lake where Huffman resides. Sheriff Hagerty said the 300’ and 150’ setbacks make sense. High water is cyclical, and it has been about eight years since this occurred. He feels the proposed Ordinance will work for Wright County and is surprised that only four lakes decided to be included. He thought this may be because the high water crisis is over. Hagerty said a total no-wake ordinance would be very difficult in terms of enforcement and it probably would never be enforced to the full effect. He said Huffman is correct in that State Law covers most of this. Unfortunately, there are people who buzz shorelines with boats and jet skis.
Sawatzke said there are many people who understand lake rules. What becomes confusing is that one lake may have a 300’ setback and others may not have setbacks. He asked whether it is clear in the proposed Ordinance that signage is required at accesses. Sheriff Hagerty said the Sheriff’s Office will make sure it is posted. Postings used on other lakes have worked. Through education and word of mouth, most lake residents will be aware of the Ordinance. He felt that most people visiting the lake will use the access and will be educated through the signs. He did not support placing signs in the water, and would like the opportunity to work with the lake associations on marking accesses. Sheriff Hagerty said the State has taken the back seat when it comes to ordinances. The State has been following the local lead. Sheriff Hagerty has not heard much opposition to the proposed Ordinance.
Thelen thanked the lake associations for their leadership and recognized it was a laborious process, as well as the participation of the Sheriff’s Office. She feels it will serve the needs of those that opted in. Thelen said she has heard from many that it is hard to sell million dollar homes on impaired waters. Thelen fully supports the proposed ordinance.
Sawatzke asked Kryzer whether there was any other feedback from cities or townships other than the 2-3 that responded. Kryzer said he has not heard anything. He understands the Townships of Victor, Southside, and Corinna all approved of the proposed Ordinance. He did not hear back from Howard Lake. They were sent a letter and a copy of the Ordinance. Russek said the proposed Ordinance includes those lakes that opted in. This is not a County-wide ordinance. Sawatzke said this is a different request than last summer and the approach seems reasonable. Last year’s Ordinance related to an emergency situation and there was more controversy involved. Thelen said Clearwater Lake wanted to opt in this year but could not because of the reluctance of Stearns County to enter into a Joint Powers Agreement. Kryzer said that he has been in contact with Stearns County. Kryzer wanted to move through today’s public comment period before approaching another county. The thought was if there was no opposition by the Board, he could pursue that and possibly have something in effect by next summer. Russek made a motion to adopt Ordinance #12-01 approving a Wright County Water Surface Use Ordinance to include Ann Lake, Cedar Lake, East and West Lake Sylvia, and Howard Lake. The motion was seconded by Sawatzke. Thelen clarified that the Water Surface Use Ordinance includes provisions in the event of high water and damage done to the property by wakes. The motion carried 4-0. Ordinance #12-01 follows:
Water Surface Use Ordinance
Section 1.00 Title
This Ordinance shall be known, cited and referred to as the Wright County Water Surface Use Ordinance.
Section 2.00-- Intent and Purpose
This Ordinance is enacted under the general powers delegated to Counties by the State of Minnesota, and pursuant to Minn. Stat. Chapters 86B.205 and 375.51, and all enabling State Rules based thereon. It is the intent and purpose of this Ordinance to:
(1) To promote the full use and enjoyment by all of the people, now and in the future, and to promote safety for all persons and property in connection with the use of the waters of Wright County;
(2) To conserve the quality of the natural environment; and
(3) To Promote the general health, safety and welfare of the citizens of Wright County, Minnesota
For purposes of this ordinance, the terms related to boating are defined in Minnesota Statute § 86B.005. The following are added in addition to the definitions contained in Minnesota Statute § 86B.005:
Subdivision 1. Channel - “Channel” means any area on a public body of water in which the distance between the shoreline on opposing sides of the public body of water is less than three hundred feet (300 ft.).
Subd. 2. Congested Area - “Congested Area” means a crowded condition on the surface of a public body of water that occurs when there are three or more motorboats, swimmers, buoys, or flags concentrated in a small or narrow space.
Section 4.00 Surface Zoning of Waters and Restrictions on Speed.
Subdivision 1. Cedar Lake (86022700). The following surface water restrictions shall apply to Cedar Lake.
(a) When lake level reaches or exceeds an elevation of Nine Hundred Ninety-Nine feet and Two inches (999.17 feet) above sea level, motorboats shall be restricted to a slow-no wake speed within Three Hundred feet (300 feet) from all shoreline unless launching or landing skiers directly to or from open water. When high water levels have subsided and have remained below an elevation of Nine Hundred Ninety-Nine feet and Two inches (999.17 feet) above sea level for three (3) consecutive days, said restriction shall be promptly removed.
Subd. 2. East and West Lake Sylvia (86028900, 86027900). The following surface water restrictions shall apply to East and West Lake Sylvia.
(a) No person shall operate a motorboat, including seaplane, in excess of slow-no wake speed within the channel between East and West Lake Sylvia.
(b) When lake level reaches or exceeds an elevation of One Thousand Fifty feet and 1 inch (1050.08 feet) above sea level, motorboats shall be restricted to a slow-no wake speed within Three Hundred feet (300 feet) from all shoreline unless launching or landing skiers directly to or from open water. When high water levels have subsided and have remained below an elevation of One Thousand Fifty feet and One inch (1050.08 feet) above sea level for three (3) consecutive days, said restriction shall be promptly removed.
Subd. 3. Howard Lake (86019900). The following surface water restrictions shall apply to Howard Lake.
(a) No person shall operate a motorboat, including seaplanes, in excess of slow-no wake speed within 150 feet of the shoreline, 24 hours a day, between Memorial Day weekend and Labor Day unless launching or landing skiers directly to or from open water.
(b) When lake level reaches or exceeds an elevation of Nine Hundred Ninety-Eight feet and Seven inches (998.58 feet) above sea level, motorboats shall be restricted to a slow-no wake speed within Three Hundred feet (300 feet) from all shoreline unless launching or landing skiers directly to or from open water. When high water levels have subsided and have remained below an elevation of Nine Hundred Ninety-Eight feet and Seven inches (998.58 feet) above sea level for three (3) consecutive days, said restriction shall be promptly removed.
Subd. 4. Lake Ann (86019000). The following surface water restrictions shall apply to Lake Ann.
(a) No person shall operate a motorboat, including seaplanes, in excess of slow-no wake speed within 100 feet of the shoreline, 24 hours a day, between Memorial Day weekend and Labor Day unless launching or landing skiers directly to or from open water.
(b) When lake level reaches or exceeds an elevation of Nine Hundred Ninety feet and Six inches (990.50 feet) above sea level, motorboats shall be restricted to a slow-no wake speed within Three Hundred feet (300 feet) from all shoreline unless launching or landing skiers directly to or from open water. When high water levels have subsided and have remained below an elevation of Nine Hundred Ninety feet and Six inches (990.50 feet) above sea level for three (3) consecutive days, said restriction shall be promptly removed.
Section 4.10 Water Safety Regulations
Subdivision 1. No person shall operate a watercraft on the public waters of this county while towing any person on water skis, water tube, aqua plane, surfboard, saucer, or similar device on a federal holiday, on Saturday or Sunday or in a congested area at any time unless another person is on the watercraft and in a position to continually observe the person being towed.
Subd. 2. No person shall operate a watercraft on the public waters of this county while towing a person on water skis, water tube, aqua plane, surfboard, saucer, or similar device, while going into or through a channel.
Subd. 3 No person shall operate a watercraft or seaplane on the public waters of this county so as to overtake, pass, or meet any watercraft or seaplane in a channel or narrow passageway so as to endanger other watercraft, seaplane or property or at a speed greater than is reasonable and prudent under the conditions.
Subd. 4. No person shall operate any watercraft or seaplane on the public waters of this county in a manner so as to obstruct, or tend to obstruct, or interfere with the passage of a watercraft or seaplane through a channel or narrow passageway.
Subd. 5. No person shall swim in a channel or jump or dive from a channel bridge in the public waters of this county.
Section 5.00 Enforcement
The Primary responsibility for enforcement of this ordinance shall rest with the Wright County Sheriff. This, however, does not preclude enforcement by other licensed peace officers.
Section 6.00 Exemptions
All Authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions.
Notification It shall be the responsibility of the Wright County Sheriff to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of this ordinance, as well as the placement of necessary buoys and signs.
The Wright County Sheriff, at their discretion, may delegate these duties to a local lake association.
Section 6.00 Penalties
Any person, firm, corporation, or other entity that violates, or assists in violating, any of the provisions of this Ordinance shall be guilty of a misdemeanor.
Section 7.00 - Effective Date
This Ordinance amends and replaces, in its entirety, the Amended Wright County Ordinance relating to Public Waters located in Wright County adopted on March 2, 1976. This ordinance shall be in effect from and after the date of its passage and publication.
Adopted by Wright County Board of Commissioners this 21st day of August, 2012.
(End of Ordinance #12-01, Wright County Water Surface Use Ordinance)
At 10:12 A.M., the bid opening occurred for the Wright County Human Services Center Parking Lot Project. Craig Hayes, Purchasing Agent, said the Human Services Center was built in 1986 and the County purchased the building in 1996. In 2006, the County made $16,000 in repairs. Now the County is faced with deteriorating pavement, serious cracking, and general deterioration. Some of the lot has settled so the lot ponds. Working with Building Care & Maintenance, they conferred with Steve Meyer, Highway Maintenance Superintendent, about the right course of action. It was decided that the pavement should be re-done. The County contracted with Otto Associates who completed a topographical map to assure the water will drain properly. The County plans on using the current pavement as fill. The bids call for the parking lot to remain open for employees and clients. A bid bond is required. Hayes introduced Paul Otto who was present for the bid opening. Sawatzke asked whether the asphalt on site will be crushed or ground to Class 5. Otto stated that is correct. A reclamation will be completed. Class 5 and the pavement will be mixed together to use as a base for the new lot. The area will be re-graded to accommodate drainage to prevent ponding. The Engineer’s estimate is $207,000. The bids were opened:
Bidder; Bid Amount; Bid Bond
Knife River Corporation, Sauk Rapids MN; $173,038.75; X
Mid-Minnesota Hot Mix, Annandale MN; $155,813.90; X
Bituminous Roadways, Mendota Heights MN; $242,637.00; X
Omann Brothers, Albertville MN; $178,211.77; X
Hayes requested that the Board recess to allow the bids to be checked. He asked that the Board consider awarding the bid today.
Thelen recessed the meeting at 10:19 A.M. and reconvened at 10:25 A.M.
Hayes recommended that the low bid be accepted from Mid Minnesota Hot Mix for the Wright County Human Services Center Parking Lot Project. Russek moved to award the bid to Mid Minnesota Hot Mix, bid amount of $155,813.90. The motion was seconded by Eichelberg. Norman said the funding source will be Budget 100, Site Improvements.
Allina Hospitals & Clinics $137.03
Ameripride Services 278.53
Anoka County Sheriff 9,735.60
Apec Industrial Sales & Serv. 542.05
Aramark Services Inc 6,370.09
Assn Of MN Emerg. Managers 135.00
Boyer Truck Parts 2,354.39
Buff N Glo Inc 138.00
Center Point Energy 962.50
Centra Sota Coop. - Buffalo 2,595.38
Climate Air 9,376.00
Comm. of Transportation 2,740.20
Cragg Co/H M 11,692.64
CST Distribution LLC 1,136.55
Dave Benkowski Sr 317.32
Delano/City of 2,546.40
Farm-Rite Equipment Inc 207.19
Federated Co-ops Inc 768.25
Fyles Excav. & Honey Wagon 175.00
Gale-Tec Engineering Inc 12,257.90
Golden Electr. Training & Sup. 1,174.80
Greenview Inc 24,774.11
Hillyard Inc - Minneapolis 3,649.23
Interstate Battery Systems 281.99
Keaveny LTC Pharmacy 1,281.89
LaCount Sales LLC 336.35
Marco Inc 502.03
McCarty Water and Waste Inc 715.00
Menards - Buffalo 180.44
Midwest Protect. Agency Inc 7,022.33
MN Corrections Association 150.00
MN County Attorneys Assoc. 297.70
MN Dept. of Labor & Industry 1,421.10
MN Office Of Enterprise Tech. 1,150.00
MN Secretary Of State 120.00
MN Sheriffs Association 460.00
Morries Parts & Serv. Group 531.94
Office Depot 2,095.78
Persian Business Equipment 401.05
Pioneer Rim & Wheel Co 189.91
PMI Computer Supplies 256.50
Powerplan OIB 1,303.42
Pryor Seminars/Fred 149.00
Reed/Jolene A 105.00
Royal Tire Inc 3,777.05
Russell Security Resource Inc 242.93
Safelite Fulfillment Inc 376.73
Seton Identification Products 604.15
Sherwin Williams 291.06
SHI International Corp 381.54
St Paul/City of 395.00
Stamp Fulfillment Services 257.95
Suburban Emerg. Assoc. PA 133.79
Superior Shores Resort 220.08
Total Printing 630.56
Traffic Marking Service Inc 81,217.69
Transcend United Tech. 7,731.08
Verizon Wireless 1,965.36
West Payment Center 1,060.59
Westside Equipment 333.16
Wright County 4-H 168.00
Wright Hennepin Coop Elec 5,502.17
Wright Hennepin Electric 2,504.30
26 Payments less than $100 1,345.79
Final total $233,660.25
The meeting adjourned at 10:26 A.M
Published in the Herald Journal Sept. 17, 2012.