Wright County Board Minutes

JUNE 15, 1999

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

The minutes of 6-8-99 were discussed. Mattson changed page 5, 5th sentence, to read: "He stated that County Commissioner Rose Arnold from Stearns County is a member of the APO and had suggested that the Joint Powers be formed." Eichelberg moved to approve the minutes as presented, seconded by Mattson, carried unanimously.

Petitions were accepted to the Agenda as follows: Consent Agenda Item A6, "Approve Hire, Gary Moe, Highway Maintenance, Eff. 6-16-99, Step 2" (Norman); Aud./Treas. Item #4, "Contract with Rod Bunting to perform the 1st Half Tax Settlement" (Gruber); Aud./Treas. Item #5, "Tax Specialist Job Classification" (Norman); Item For Consid. #4, "Central MN EMS" (Sawatzke); Item For Consid. #5, "Clarification of statements made in the 6-8-99 County Board Minutes" (Mattson). On a motion by Mattson, second by Eichelberg, all voted to approve the Agenda as amended.

Jude requested that Item A3, "Claim, Briggs & Morgan, $6,679.86" of the Consent Agenda be removed for discussion. On a motion by Eichelberg, second by Mattson, all voted to approve the remainder of the Consent Agenda as follows:

A. ADMINISTRATION

1. Performance Appraisals: T. Frazier, Atty.; J. Putman, Highway; K. Stueven, P & Z; C. Day, Recorder.

2. Accept Resignation, Frank Rozek, Custodian & Authorize Advertising For Replacement.

4. Findings of Fact, Conclusions of Law and Decision RE: Dulac Veteran's Preference Hearing.

5. Report Of The Coroner, 1998.

B. AUDITOR/TREASURER

1. Claim, Scott Builders, $630.00 (Fund 34-HSC & PW).

2. On Sale Liquor License, "Monte Club" (Monticello Twp.).

3. Comb. On/Off Sale Liquor License, "Lake Center Bar & Grill" (Corinna Twp.).

4. Annual Off Sale Beer License, "Monte Club" (Monticello Twp.).

5. Various Tobacco Licenses: Petrol Pumper (Clearwater); Casey's General Store 1647 (Cokato); Quik Shop 66, Tom Thumb #564, Dee's General Store (Delano); H&H Sport Shop (Maple Lake); Monticello Country Club, River City Lanes, Tom Thumb #583, USS Dorchester VFW Post 8731, Maus Foods (Monticello); Silver Springs Golf (Monticello Twp.); South Haven Service (South Haven); St. Michael American Legion Post #567 (St. Michael).

C. SHERIFF

1. Acknowledge Appointment, Leonard Walker, Lieutenant Deputy Sheriff, Eff. 6-15-99 & Authorize Replacement.

2. Acknowledge Appointment, John Driste, Deputy Sheriff, Eff. 6-28-99, Grade 4.

3. Acknowledge Appointment, David Miller, Lieutenant Deputy Sheriff, Eff. 6-15-99 & Authorize Replacement.

Jude stated he removed Item A3, "Claim, Briggs & Morgan, $6,679.86" as he has continually voted against payment of these claims and felt that future claims should not be placed on the Consent Agenda but listed as a discussion item. Jude moved to deny payment of the claim. The motion failed for lack of a second. Mattson stated that Wright County would not be incurring these expenses if Superior Landfill was not suing the County. He stated that all other citizens must follow the rules set forth by the Planning Commission and Board of Adjustment. Mattson felt the County needed to stand by these rules and not let a large, nationwide company push the County around. He referenced Jude being the motion maker to originally hire Briggs & Morgan. Jude responded that although he did move to hire the firm, he did not feel they should have an open checkbook. Jude felt the Wright County Attorney's Office had competent people to handle the litigation and that outside counsel was not needed. Sawatzke responded that the Wright County Attorney's Office has outstanding personnel. However, the Attorney's Office advised the Board in this case that they needed assistance. The County Attorney's Office employs nine attorneys and one of them works with land use issues as a portion of his case load. Superior Landfill has hired a law firm which employs thousands of attorneys. Jude felt County staff was competent to represent the County during this litigation. He suggested that the County could afford to hire a labor attorney for what had been spent through the Briggs & Morgan claims. Mattson again stated these claims would not be in existence if Superior Landfill were not suing the County. Mattson moved to approve the claim to Briggs & Morgan, $6,679.86. Motion carried 4-0 on a second by Eichelberg.

Doug Gruber, Auditor/Treasurer, referenced correspondence from Goodhue County relating to the renewal of the contract for the Coalition of Utility Counties lobbyist. The contract would be renewed from 7-1-99 to 12-31-99 at a total cost of $12,000, with Wright County's share being $1,812.00. Eichelberg moved to approve the contract, seconded by Mattson, carried 4-0.

Gruber distributed the May Revenue/Expenditures Guidelines for review and approval at the next meeting.

Gruber explained that with the resignation of Rod Bunting as Tax Specialist, effective 6-15-99, he does not have staff able to perform the first-half tax settlements. Gruber presented a draft contractual agreement with Rod Bunting to perform the first-half tax settlements to the cities and school districts in Wright County. Settlement checks must be mailed by 7-6-99. It is estimated that the work will require 40-60 hours at a cost of $20/hour. Funding would be from the Auditor/Treasurer budget, full-time personnel line item. As the work will be performed on evenings and weekends, Jude questioned the policy for gaining access to the building after normal business hours. Consensus was that this issue needs to be addressed and that Richard Norman, County Coordinator, should be notified of the schedule. Jude moved to authorize Gruber to negotiate a contract and to bring it back for approval at the next meeting, seconded by Eichelberg. Brian Asleson, Assistant County Attorney, cited the potential of Bunting performing some of the work before the next meeting. The motion was amended to authorize signatures pending approval by the County Coordinator and Attorney's Office. The motion and second were then withdrawn. Jude entertained a new motion to authorize the contract between Wright County and Rodney Bunting subject to details being worked out and approval by the Coordinator and Attorney's Office. The motion would include authorizing signature by the County Board Chair upon completion. The motion was seconded by Eichelberg. The details which will need to be addressed include those items which were left blank in the draft agreement, but the language should not be changed. Jude stated that access to the building must also be addressed. Motion carried 4-0.

Norman distributed information regarding the Tax Specialist job classification. He requested that the position be reclassified on the Non-Union Salary Schedule from Class "H" to Class "I" based on the point total received through the job reclassification process. After review, Eichelberg moved to refer the issue to the Personnel Committee and to establish a meeting on 6-29-99 at 1:00 p.m. Motion carried 4-0 on a second by Mattson.

On a motion by Mattson, second by Jude, all voted to approve the claims as listed in the abstract, subject to audit.

Gerald Kritzeck, Assessor, referenced proposed contract rates for assessment work performed by Wright County for the various cities and townships. The rates are based upon the contracts previously approved for the Cities of Monticello and Buffalo at the 5-4-99 meeting. Assessments for the cities contain commercial, industrial and apartment properties, as well as single-family residential properties. The townships contain improved agricultural and single-family properties, as well as many unimproved agricultural properties. The townships usually contain few commercial or industrial properties and no apartment buildings. Jude questioned whether the City of Monticello's rate should be increased due to the tremendous amount of commercial and industrial properties. Kritzeck stated that he felt the number of parcels in Monticello and Buffalo will self adjust the bottom figure. The salary of the new appraiser will not be totally covered by their assessments, but the appraiser will also assist with other general assessing and office work. He reminded the Board that the contracts for the cities of Monticello and Buffalo have a yearly graduated rate. Jude moved to approve the assessment rates as presented, seconded by Eichelberg, carried 4-0.

Kritzeck presented a property tax abatement request for PID #116-010-018030, Kenneth Kutz and Angela Lachermeier (Waverly City). This property was formerly owned by Michael and Carol Krey and had been tax forfeited to the State of Minnesota. The Kreys subsequently sued Wright County. As a settlement offer, Wright County reinstated this parcel to the tax rolls allowing the Kreys to pay the taxes, penalties and interest. With the title cleared, they proceeded to sell the property to Kutz and Lachermeier. The sale provided the means to pay the taxes. The abatement request is for tax years 1997, 1998 and 1999 and would reduce the market value for all three assessments to $28,900 due to the poor condition of the building. The total original tax is $4,050.92 with the proposed tax of $3,177.14 (reduction in tax is $873.78). Kritzeck said the land value is appraised at $9,400 with previous years being $8,100 and $7,800 respectively. The land has increased in value, but the abatement is requested due to the poor condition of the building. County policy for abatements is current year plus one. The requested abatement would not follow policy, but is requested as taxes in 1996 (payable 1997) could not be contested by the Kreys as the property had gone tax forfeiture. Sawatzke recalled that when the property was transferred to the new owners, the Board had discussed allowing abatement of taxes. Mattson moved to approve the request as presented, seconded by Jude, carried 4-0.

Marc Mattice, Parks Administrator, requested approval for signatures on a Quit Claim Deed and Purchase Agreement with Mn/DOT for land at Clearwater/Pleasant Park associated with the Highway 24 project. Mn/DOT is offering to pay $37,400 to Wright County for the land. Jude moved to authorize signatures, seconded by Eichelberg, carried 4-0.

As the Clearwater/Pleasant land was purchased with federal dollars, it is required that it be replaced with suitable replacement land. Mn/DOT has a Purchase Agreement and Warranty Deed signed by Hank Potter for land at Ney Park (8.58 acres). Purchase price is $27,600. Mattice requested authorization to purchase the land once a check is received from Mn/DOT. Jude moved to authorize Mattice to do so, seconded by Eichelberg, carried unanimously.

Mattice requested that the $9,800 difference in the land transactions be placed in the Park Dedication Fund for future purchases of land. Jude offered the suggestion of dedicating those funds for improvements to Clearwater/Pleasant Park. He felt that current parks should be taken care of before additional land is purchased. Sawatzke said the Park Dedication Fund is only used to finance pieces of land that are critical to a park. All expenditures are approved by the County Board. Mattson moved to approve placing the $9,800 in the Park Dedication Fund for future purchases of land, seconded by Jude, carried 4-0.

Wayne Fingalson, Highway Engineer, said a request had been made by the Labor/Management Committee to present a listing of their accomplishments since 1993. Brian Jans, Co-Chair of the Committee was present at today's meeting. The group was formed to develop trust between management and labor. Fingalson highlighted some of the accomplishments including developing a hazmat licensing policy, making recommended changes to the wash bay in the PW building, adopting the mailbox policy standards, recommending purchase of basic tools for outlying shops, achieving reorganization of the Highway Maintenance Division, and adding the full-time night maintenance position. Sawatzke referenced the first page, "Discussed and Recommended Lyme Disease Vaccination". The accomplishments listing incorrectly states that this request was denied at the 4-13-99 County Board meeting. Instead, Sawatzke said the Board was very supportive of the program but did not have adequate information to make a decision. Mattson inquired whether the Labor/Management Committee also had a listing of items they did not accomplish. Fingalson said at times their largest conflict is when salary/benefit items are brought up and should instead be discussed at the Negotiation Committee. He stated it is helpful to have the County Coordinator and the Union Business Agent available at meetings to address what can be discussed.

Fingalson requested approval of a Funding Participation and Construction Agreement (No. 98-06) with the City of Monticello for the CSAH 18 project (grading, base and bituminous improvements) scheduled for the summer of 1999. This agreement follows normal funding policy and percentages for funding are incorporated into the agreement. Jude referenced page 3, "Surfacing Shoulders (Wear), Unless parking is restricted in which case 100% County costs". Fingalson said this is a standard statement in the general funding policy. Part of the road has restricted parking and part does not. Regarding a question by Mattson on page 4, "Traffic Control", Fingalson explained there is a traffic control line item in the contract for the contractor to hire traffic control. Jude moved to approve the agreement, seconded by Mattson, carried unanimously.

A letter was received from WSB & Associates, Inc. on behalf of the City of Monticello regarding a Quit Claim Deed for Oakwood Drive/90th Street and Chelsea Road West. The City intends to extend Chelsea Road west and northwest from TH 25 to 90th Street. This street would replace a portion of 90th Street between Marvin Road and the cemetery along 90th Street. In conjunction with those plans, the City would like to vacate Oakwood Drive from TH 25, west to the Township Road. Mn/DOT quit claim deeded Oakwood Drive to the County in 1981. A portion of this is Park and Ride and a portion is City street. In 1984, Wright County revoked the jurisdiction of that part of Oakwood Drive in Monticello Township to the Township, and also revoked the jurisdiction of that part of Oakwood Drive in the City of Monticello to the City. The City requests that the County quit claim deed all of its interest in Oakwood Drive from TH 25, west to the Township Road. Discussion at today's meeting included having the land owned by the County appraised, the potential of not having access to the land if the road is obliterated, and the need and location for a new Park and Ride along I-94. Fingalson also stated that Wright County is the fee owner of Oakwood Drive and that the City and Township were given the right to use it as a road. If the road is obliterated, the land underneath belongs to the County. With the acreage underneath the road, the land owned is estimated at 5-6 acres. Consensus was for Fingalson to research the issue and for an appraisal to be completed.

At the request of Fingalson, Mattson moved to set a Letting Date for the CSAH 18 Project on 7-20-99 at 9:30 A.M. and to award the project that same day. Motion carried 4-0 on a second by Jude.

On a motion by Eichelberg, second by Jude, all voted to approve the Cooperative Agreement with the Cities of Hanover and St. Michael for the jurisdictional change of C.R. 146.

Fingalson stated he has been appointed to be the NACE (National Association of County Engineers) Director for Minnesota. He requested the County Board's support in this position, which would require two meetings per year. The first would be the NACE Annual Meeting and the other is in conjunction with NACO. He explained that the State Association is prepared to back him financially if the County does not. Other considerations are his time and transportation. In response to a question by Jude, the term of the appointment will either be two or three years and will be rotated. The term length will be determined at the Annual Meeting. Response from the Board was that the appointment is an opportunity for Wright County to become more involved with federal programs and that it was an honor for Fingalson to be selected. Jude moved to approve the appointment for up to a three-year term at no cost to Wright County, seconded by Eichelberg. The motion was restated as whatever expenses the State Association does not pay for, Wright County will fund. Fingalson explained that the State Association decided to pay whatever expenses the County would not. Jude and Eichelberg then withdrew the motion. Jude presented a new motion to appoint Fingalson as the NACE Director for up to three years at no cost to Wright County, seconded by Eichelberg, carried 4-0. Fingalson was also authorized to use the County vehicle as a means of transportation to the airport.

Fingalson distributed a tentative Road Tour schedule which has been set for 7-7-99 at 12:30 p.m. After review of the schedule, it was agreed that future projects should be focused upon and not those that are already completed or in process. The schedule may be revised as needed.

A Building Committee Of The Whole meeting was held on 6-8-99. At today's meeting, a change was made to page 2, last paragraph, 2nd sentence, and will read, "It was decided the Building Committee Of The Whole would meet July 6th for David Hall's presentation of the Space Study Report". The minutes incorrectly noted "July 7th". On a motion by Eichelberg, second by Mattson, all voted to approve the minutes as corrected. A summary follows:

Proposals For Additional Work On Storage Building: Discussion involved the process to be followed in accordance with State procurement procedures (subject to State audit) to be handled through Purchasing. Discussion followed concerning a misunderstanding of the process by the Sheriff's Department and that the work would be handled as a change order to the contract with Ebert Construction. The consensus was to approve as a change order to the contract in the amount of $23,158.00 with the understanding that there would be no additional overhead percentage charged, with funding to come from the Sheriff's budget and seizure monies.

Project Update: Engel requested Committee approval to pay Buetow on an hourly basis to revisit the PW final punch list when received. Consensus was to approve payment to Buetow for final review of the punch list on an hourly basis with a change order for a deduct of that amount to KUE. Record drawings have been accepted and given to Buskey. O & M Manuals for general construction and electrical are completed. A letter will be sent by Engel to KUE on the status of the mechanical. Efflorescence at PW was found. Engel said KUE needs a different contractor to apply the water repellent. The exterior sign lighting (PW) has been completed. Color variation in one bulb will be covered under warranty if it does not correct itself after 300 hours of use. Regarding extended warranties, consensus was to accept the two year extended warranty without bond as sufficient. Engel referenced the 5-25-99 minutes regarding the $94 electrical charge for the UPS System. The claim to KUE has been rejected by Engel on the basis that proper training had not been provided. Regarding the boiler pumps (PW), Engel requested approval of a change order for $6,077 to be included in PW6, with the County to pay KUE and Buetow to reimburse the County. The pumps carry a 1-year warranty from the date of install and are included in the record drawings given to Buskey. The flow valve does not work and will be addressed in Engel's letter to KUE. Air conditioning at PW has been adjusted and appears to be working. Engel will check to see if there is a photo sensor problem for the outside lights (PW). Regarding painting of the precast patching, the consensus reached at the 5-25-99 meeting was to not paint and accept the $385 credit. PW6 was reviewed with the following items: 1)PW-25-add of $536 for light fixture replacement, 2) PW-26-add of $6,077 for boiler pump replacement, 3) PW-27-add of $1,787 for boiler fresh air intake, 4) PW-28-credit of $50-deletion of painting PW toilet and access panel added, and 5) PW-29-credit of $385 for not painting precast patching. A project cost summary was provided: Original Contract=$1,363,443, Change Orders Total=$77,431.49 (5.5%), Total Project Cost=$1,440,874. Engel reviewed theories of the vinyl depressions at PW. Consensus at the 5-25-99 meeting was to accept the vinyl as is as there is no certainty as to the cause of the problem or if it will reoccur. Buetow may test an area if desired for future knowledge. Engel will check on a rear door off the break room (PW). Engel will review the doors at HSC and contact the manufacturer's representative. A problem with the rods has been encountered on hot, sunny days as they heat up and cause the alarm system to go off.

Voice/Data Update: Swing is satisfied and will provide a final cost summary when available.

Other: Consensus was for remaining issues to be sent to the Building Committee rather than the Building Committee Of The Whole. The Building Committee Of The Whole will meet July 6th for David Hall's presentation of the Space Study Report. Future meetings will be discussed at that time.

A Board Of The Whole meeting was held at the Wright County Historical Society on 6-9-99. A summary follows:

A tour of the facilities was held. Library usage is being monitored with 3,000 signed in for this year including schools. Lack of space was pointed out. The collection storage area was originally designed as a workroom, but holds other items leaving little work space. The main collection storage area and archive room appear to be at capacity. Replacement of the wood shelving with metal shelving is being accomplished through a grant and is in the final phase. The archive room houses many original County records which are contained on microfilm at the Courthouse. Backup microfilm for Court Administration is stored as well as attorneys using original documents. Two proposed additions were presented with cost projects as quoted by E.M. Branstrom Associates Architects, Inc.:

Addition A (1,224 sq ft x $60 = $73,400); Addition B (5,168 sq ft x $50 = $258,400) with a Total of $331,840.00. The addition of a fire sprinkler system for the entire structure was also requested (16,981 sq ft x $1.75 = $29,716.75). Discussion included the need for additional space and the County's budgeting and funding process. This item will be discussed at the 6-22-99 County Board Meeting. At today's meeting, Jude moved to approve the minutes, seconded by Eichelberg, carried 4-0. As part of the review of the minutes by Sawatzke, he stated that the Historical Society has raised $37,000 towards the projected costs, but this is not reflected in the Committee minutes.

Correspondence was received from NACO regarding voting credentials for the 1999 Annual Conference scheduled for July 16-20. Norman stated Wright County needs to indicate whether anyone will attend and pick up the voting credentials for the annual election of officers. If no response is made, Jim Mulder (AMC) or his designee will be authorized to pick up the credentials on Wright County's behalf. No action was taken on this item.

On a motion by Mattson, second by Eichelberg, roll call vote carried 4-0 to adopt Resolution #99-37 authorizing signatures on the Drug Task Force Grant for the Year 2000.

Correspondence was received from the Central Minnesota EMS Council with notification of a Legislative Outreach Meeting on 6-24-99 at 3:15 p.m., St. Cloud Civic Center. Jude moved to authorize attendance, seconded by Eichelberg, carried 4-0.

As discussed at the last County Board meeting, Mattson brought up the issue of the draft Joint Powers Agreement for the Region 7W Transportation Programming and Policy Committee. He attended a Committee meeting on June 11th and learned that other counties did not distribute the draft agreement to their respective County Boards, but instead provided it to their County Attorneys. Mattson said he provides copies of all meetings he attends to all Board members. He stated Steve Voss from Mn/DOT is coordinating the Committee's efforts and felt that the four counties involved needed to be very strong when presenting issues to the APO. Jude said he brought this issue up at the last meeting due to it being a Joint Powers Agreement and felt Board discussion/approval was required. Eichelberg interjected that the draft is just in the preliminary stages and it may be 3-4 months before the final draft is presented for approval. Mattson said he envisioned bringing forth the final agreement toward the end of summer.

Bills Approved

A Plus Abatement 2300.00

Alliant Foodservice 1305.93

Anoka County Juvenile Center 770.00

Osborne Arlien 103.56

Best Disposal Services 520.35

Lola Carlson 605.00

Computer System Products Inc 678.90

Cub Foods 360.09

Demco 144.89

East Central Reg. Juvenile 13032.00

Engineering Repro Systems 123.02

Gregorys Foods Inc 137.28

Holt Motors Inc 167.87

Gerald Kritzeck 127.41

Lake Region Coop Oil 9653.57

LaPlant Demo Inc 277.35

Maple Lake Messenger 111.09

Marks Standard Parts 1250.04

Margaret Michaud 210.00

MN CVSO Secretaries Assn 167.00

Monticello Times 551.40

NACRC 100.00

Office Depot 945.64

Richardson Richter & Associates 250.00

Sherry Schliesing 142.29

Sheriffs Youth Program of MN 1204.28

Star Tribune 378.00

Sysco Minnesota Inc 2913.30

Tension Envelope Corporation 1856.50

Total Tool Supply Inc 215.43

Unlimited Electric Inc 1072.66

West Publishing Payment Ctr 108.63

Wright County Highway Dept 1401.66

Wright Hennepin Electric 3638.45

Airtouch Cellular Bellevue 330.70

Annandale Advocate 190.25

Appert Foods 2069.61

Baers Body Shop 565.00

Buffalo Bituminous 329972.78

Central McGowan, Inc. 126.22

CPS Technology Solutions 160.00

Cummins North Cental Inc 922.29

John Dziuk 486.00

Emergitek Inc 1199.61

G & K Services 1634.88

Harkers 161.15

Chris Jahnke 320.54

Lake Management Inc 200.00

Lakedale Telephone Co 298.15

Loberg Plumbing & Heating Co 2897.82

Marco Business Products 749.76

McDowall Company 5375.00

Richard Miller 400.00

MN Safety Council 150.00

Morries Buffalo Ford Mercury 14273.00

Northern States Power Co 107.91

Reliant Energy Minnegasco 386.83

Ruttger's Bay Lake Lodge 182.50

Scott Builders Inc 630.00

Silver Fox Inn 501.40

State of Minnesota 1150.00

Technagraphics Inc 451.98

Total Printing 146.97

University of MInnesota 800.00

Wal Mart Store 01-1577 332.67

Winsted Publishing Inc 755.42

Wright County Journal Press 363.48

Wright Lumber & Millwork Inc 334.64

44 payments less than $100 6,123.55

Final Total $421,573.70

The meeting adjourned at 10:52 A.M.


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