Wright County Board Minutes

AUGUST 10, 1999

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

Russek moved to approve the minutes of 8-3-99 as presented, seconded by Eichelberg, carried unanimously.

Petitions were accepted to the Agenda as follows: Item For Consid. #2, "Quit Claim Deed, Park & Ride Lot, Monticello" (Norman); Item For Consid. #3, "SWTF Appointment" (Sawatzke); Item For Consid. #4, "Announcement" (Mattson). Jude moved to approve the Agenda as amended, seconded by Russek, carried 5-0.

Sawatzke requested that Item E1, "Correspondence from NSP RE: Monticello Nuclear Generating Plant Exercise" be pulled for discussion. On a motion by Jude, second by Eichelberg, all voted to approve the remainder of the Consent Agenda as follows:


1. Performance Appraisals: G. Gapinski, Highway; G. Lebovsky, P&Z.

2. Authorize Hire, Calvin Vollbrecht, Custodian I, Eff. 8-11-99 (Step 1).

3. Authorize Hire, Lori Pawelk, Personnel Representative, Eff. 9-13-99 (Step 6).

4. Acknowledge 7-10-99 Auction Receipts.

5. O/T Report, Period Ending 7-23-99.

6. Set Bid Opening Date of 8-24-99 @ 9:30 A.M., Parking Deck Repair-Government Center.

7. 2nd Quarter Training Reports.

8. Sentence To Service Quarterly Report (4-1-99 to 6-30-99).


1. Claim, Unlimited Electric Inc. $530.45 (Fund 34-PW, AC Wiring).


1. Authorize Hire, Ava Seger, Office Assistant, Eff. 8-13-99 (Grade 1, Step 3).


1. Acknowledge Appointment, Sam Glucklich, Deputy Sheriff, Eff. 8-11-99 (Grade 5).

2. Acknowledge Hire, Joyce Thinesen, Corrections Officer, Eff. 8-30-99 (Grade 5).

3. Authorize Signatures, Department of Corrections Juvenile Detention Services Subsidy Program.

Sawatzke pulled Item E1, "Correspondence from NSP RE: Monticello Nuclear Generating Plant Exercise" for discussion. He wanted to publicly note the letter from NSP to the Civil Defense Office congratulating them for the outstanding work performed with relation to the Nuclear Generating Plant Exercise. Mattson moved to approve Item E1, seconded by Eichelberg, carried unanimously.

Bob Hiivala, Chief Deputy Auditor/Treasurer, presented for discussion a plat, "Silver Creek Addition" (Silver Creek Township). Tom Salkowski, Planning & Zoning Administrator, said that normally all fees, taxes and the road bond have been paid prior to submitting the plat for approval by the County Board. Due to the developer's banker being on vacation and the County Board meeting of 8-17-99 being canceled, Salkowski requested that the Board grant approval of the plat contingent upon receiving the appropriate fees and paperwork. On a motion by Russek, second by Jude, all voted to approve a plat, "SILVER CREEK ADDITION," as submitted by Investors Together Inc., fee owners, and Annandale State Bank, mortgagee, of the following property described in part as: That part of the NW1/4 of the SE1/4, Section 5, Township 121, Range 26, beginning at the SW corner of said NW1/4 thence North; said plat is approved contingent upon all outstanding taxes, including green acre liability, if any, having been paid; a road bond must be filed with the Auditor/Treasurer; the park dedication fee must be paid; and the Commitment for Title Insurance provided by Investors Together has been examined by Thomas C. Zins, Assistant County Attorney, who finds the plat ready for recording.

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

A Building Committee Of The Whole meeting was held on 8-3-99. Eichelberg moved to approve the minutes as presented, seconded by Mattson, carried unanimously. A summary of the minutes follows:

The meeting today was a continuation of that held on 7-20-99 with proposed revisions from Buetow & Associates in response to comments made from that meeting. Revised floor plan drawings and preliminary cost projections were reviewed. The conclusion was that more time was needed to review the proposed revisions and comments and that the Board needs to make a policy decision on how much to do and whether projected needs will be met to 2010 or 2005. Department Heads appear to be better able to assess and accommodate their space needs within the next five years. Due to the Board's schedule with Budget Hearings, it was suggested that the Committee meet again in approximately a month and that behind the scenes work could be accomplished during this time. Relative to humidity problems at the PWB, the Architect felt the problem was due to an improper setting that causes the condensing unit to shut off too early or that it may be a balancer problem. The electrical inspector will meet with the electrical contractor on 8-6-99 at 10:00 a.m. to review problems the inspector wants corrected. It was suggested that Buskey, Hayes or Luetgers also attend. The Architect will copy the Board when he receives the list of items. The Architect received word from KUE that the punch list will be completed this week.

Tom Salkowski, Planning & Zoning Administrator, brought forth a unanimous recommendation of the Planning Commission for approval of the Ordinance Amendments to the Wright County Zoning Ordinance. The Ordinance Amendments were those originally sent to the Planning Commission by the County Board and were not changed. Tom Zins, Assistant County Attorney, referenced the minutes of the Planning Commission provided for informational purposes. Also provided were the formal Findings of Fact approving the language changes.

Zins stated the resolution to be voted on by the County Board today incorporates the entire Findings of Fact of the Planning Commission and the Ordinance language, as well as additional findings relating to the need for setbacks due to waste facility debris, smell, dust and noise, and for aesthetic reasons. The additional findings were provided as additional rationale for the change in the Ordinance language.

Zins said the purpose of the amendments is to make clear that the Waste Handling District is the line from which the 200' setback is measured. He said it has been the intent of the Board, staff and the understanding of the Board of Adjustment that there is a 200' setback from the district line. The amendments clarify this intent as questions have arisen in District Court relating to the setback. The amendments also make clear that a facility is a waste facility and includes all components of or changes to the land (ditches, roads, fill, collection areas and berms). For reasons he was unsure of, Superior Landfill has defined the drainage ditch as not being part of their facility and plans submitted. They have the ditch crossing the Waste Handling District line. The amendments tighten up that language and identify all components that would be associated with a Waste Handling Facility as being part of the facility. As indicated in previous comments, the language of the original Ordinance was adequate as far as Zins was concerned, but it was the County's prerogative to fine tune the language to make sure it is followed in the manner intended.

On a motion by Russek, second by Mattson, roll call vote carried 5-0 to adopt Wright County Ordinance #99-01 as follows:

In these proceedings, the Wright County Board of Commissioners (County Board) is mindful of the following record:

1. Land uses in the agricultural areas of the County were under close study from November, 1996 to March, 1998.

2. As a result of problems emerging from the agricultural areas, the Wright County Planning Commission held hearings on possible amendments to the Wright County Zoning Ordinance (WCZO), commencing on January 22, 1998 and continuing thereafter. The Planning Commission recommended various changes to the WCZO as it applied to the General Agriculture district (AG).

3. Among other proposed changes, the Planning Commission recommended the creation of an entirely new zoning district, the Waste Handling and Disposal District (WHD).

4. The WHD zoning provisions were enacted into law by this County Board on March 10, 1998 as Ordinance No. 98-01.

5. The reasons for the creation of the WHD, including all of its setback provisions, are clearly stated in the previous findings of fact of the Planning Commission; findings subsequently adopted by the County Board on March 10, 1998.

6. The County Board acknowledges that the WHD Ordinance setback and facility definitions have recently been called into question.

7. The Board reaffirms its judgment in creating the WHD; and to imposing reasonable setback and facility standards.

8. The County Board reaffirms the prior record underlying the WHD Ordinance Amendments of March 10, 1998, and particularly to the need for a 200 foot landfill buffer or setback for waste facilities.

9. The County Board desires, to the extent there is any ambiguity or question about facilities definitions or setbacks, that the Ordinance be clarified.

THEREFORE, THE WRIGHT COUNTY BOARD, RESOLVES that the formal findings of fact adopted by the Wright County Planning Commission on July 29, 1999 and entitled In the matter of the Amendments to the Wright County Zoning Ordinance - Waste Handling and Disposal (WHD), Setback Provisions and Definitions, are adopted and they are the findings of this County Board, with the following additions:

FINDS that the setbacks and standards as here amended and adopted are the minimums necessary to aid in the control of waste facility debris, smell, dust and noise, and for aesthetic reasons. The setbacks are necessary to contain these inevitable adverse consequences to the physical confines of the WHD, and to keep them out of adjoining districts. (See Transcript of Wright County Planning Commission Public Hearing of January 28, 1999. At page 28 Superior-FCR acknowledges an existing and continuing problem with odor and litter. At pages 73-83 neighbors testify to an ongoing problem with odor, blowing litter and garbage and noise. Also see letter to Rod McGillivray/Jay Warzinski from Julie Henderson - i.e., MPCA Litter Control letter - dated July 14, 1999).

ORDAINS that the amendments to the Wright County Zoning Ordinance (incorporated as a part of the formal Findings of the Planning Commission) adopted by the Planning Commission on July 29, 1999 are enacted as amendments to and are incorporated into the Wright County Zoning Ordinance.

These amendments apply to all pending and future applications and petitions for licenses and permits under the Wright County Zoning Ordinance, with included performance standards.


The Ordinance Amendments are as follows:

302 (103) Property Line. The more restrictive of either the legal boundaries of a parcel of property, or which may also coincide with a right-of-way line of a road, cartway, and the like, including a zoning district boundary line. For zoning purposes, property line is unaffected by changes in property ownership, including the common ownership of adjacent parcels of property, lots, lot lines or lots of record. Nonconforming lots of record in the same zoning district that are owned by the same entity may be combined for residential purposes by order of the zoning administrator.

770.1(12) Demolition Landfill. An area of land used for Final Disposal of Demolition Waste, including all components of or changes to the land, e.g., fill area, drainage ditches, roads, leachate collection, gas collection and berms, that are necessary to or added because of the landfill.

770.1(55) Sanitary Landfill. A method for Final Disposal on land, of Solid Waste, including Mixed Municipal Solid Waste, in accordance with a preconceived plan and without creating nuisances or hazards to public health or safety, by utilizing the principles of environmental planning and engineering to confine Solid Waste to the proper and smallest practical area, to reduce it to the smallest volume, and to cover it with an adequate layer of Cover material at the conclusion of each day's operation, or at such more frequent intervals as may be required. It includes all components of or changes to the land, e.g., fill area, drainage ditches, roads, leachate collection, gas collection and berms, that are necessary to or added because of the landfill.

770.1(60) Solid Waste Landfill. A site used for the Final Disposal of Solid Waste utilizing the landfill method, including all components of or changes to the land, e.g., fill area, drainage ditches, roads, leachate collection, gas collection and berms, that are necessary to or added because of the landfill.

770.4(1) Location of Facility Solid Waste Landfill. A Sanitary Landfill or Demolition Landfill shall not be located:

(g) Within 200 feet of a property line.

770.4(5)(c) Minimum Separation Line. Whenever the Final elevation of the Sanitary Landfill or Demolition Landfill site is lower than the abutting property, [A] minimum horizontal separating distance of two hundred (200) feet shall be maintained between the Sanitary Landfill or Demolition Landfill and the nearest property line. When the final elevation of the landfill site is above the abutting property, a minimum separating distance of two hundred (200) feet shall be maintained and the fill slope of the waste disposal shall not be steeper than ten (10) feet horizontal to one (1) foot vertical. Variance from the above requirements may be granted by the County Board, if proper justification is submitted by the applicant.

These amendments apply to all pending and future applications and petitions for licenses and permits under the Wright County Zoning Ordinance, with included performance standards.

At the 7-27-99 County Board Meeting, the County Board approved as part of the Consent Agenda a Quit Claim Deed for the Park & Ride Lot in Monticello. Richard Norman, County Coordinator, received a call from Rick Wolfsteller, Monticello City Administrator, who was contacted by Mn/DOT stating they require a resolution approving the action and authorizing signatures of the Board Chair and Coordinator on the Quit Claim Deed. On a motion by Mattson, second by Russek, roll call vote carried 5-0 to adopt Resolution #99-47 approving this action.

As requested by Sawatzke, Russek moved to appoint John Simola to the Solid Waste Task Force. Motion carried 5-0 on a second by Mattson. Norman was asked to have Chuck Davis provide the Board with a listing of appointees and terms.

Mattson announced the 50th Anniversary of the Cokato Corn Carnival which is being held on August 10th & 11th. Montrose Days are being held on August 21st and 22nd. Rockford River Days will be held the weekend of August 13th.

The County Board recessed at 9:21 a.m. and reconvened at 9:25 a.m.

Wayne Fingalson, Highway Engineer, stated that Southside Township has decided to construct 80th Street using Township Standards. Although building the road to County standards would provide a net savings of $50,000 to the Township, perception was that increased traffic would be realized with this design. Fingalson said this decision impacts the County budget as well, providing for a $100,000 savings. Jude commented that he participated in several of the meetings and the Township did an advisory vote, providing for an overwhelming vote for Township standards. He said this was due to the County's 42' clear cut required. With Township standards, they will be able to retain more trees and vegetation. He felt Fingalson did a good job of presenting the information to the Township and thought the Township may realize they made a wrong decision in about 10 years.

Fingalson requested direction from the Board relating to options for the CSAH 19 road project (St. Michael). The next City Council meeting is 8-10-99. Residents have voiced concern with the changes made in that area. The changes include the previously approved design of the center left turn lane as part of the recently completed improvement between Hanover and St. Michael. Fingalson provided background, stating this project involves federally funded dollars for reconstruction and improvement of CSAH 19. A Project Management Team was put together with representatives from St. Michael, Hanover, Frankfort Township and citizens. They worked to determine the proper design of the road which included public meetings.

Fingalson referenced a map which laid out pavement markings completed between Willow Drive and Walnut Avenue. The improvements include a center left turn lane due to the traffic levels. Current traffic counts are approximately 8,000 with an estimated 14,000-15,000 vehicles expected when the Outlet Mall is completed. With the improvements, the 8' shoulder was decreased to 3-4' and on-street parking was lost.

Concern has arisen as three disabled residents live on this stretch of road. As there are currently no sidewalks, the residents do not feel the 3-4' shoulder is adequate for the disabled individuals. Fingalson said although the previous design provided an 8' shoulder, he felt it posed a safety hazard due to cars passing on the right side of vehicles making left turns. The new design at least allows for left turn lanes.

Fingalson met with City representatives last week regarding removing the epoxy striping and returning the road to its original striping. Estimates for removal were $3,062.00. If striping is redone, an addendum will need to be submitted to the Design Study Report for this project as Federal funds are involved. He estimated a cost of approximately $10,000 for the change in pavement markings.

Fingalson thought the construction of a sidewalk in this area would address safety concerns, and would connect the pedestrian underpass and the existing sidewalk on the East side of the road. He stated a sidewalk was initially part of the project, but was pulled by the City. The City of St. Michael has subsequently submitted for TEA21 funding an enhancement project for the addition of sidewalks throughout the City. Fingalson learned yesterday that this was approved for TEA21 Federal Funds and is scheduled for 2002. Fingalson offered an option of proceeding with the sidewalk construction (including retaining walls) as part of the Highway 19 project and having Buffalo Bituminous complete the work. Estimated cost for the portion of Willow to Oak (both sides of the street) is approximately $40,525. Fingalson estimated that the costs would double due to the portion between Oak and Walnut not being included in the estimate. Federal Funds could be used toward the project, funding 80% of the costs.

Russek said he would be concerned with returning to the original striping of the road which allowed for parking on the road. He felt this would pose an unsafe condition for those in wheelchairs who must then enter traffic to go around parked vehicles. Eichelberg offered the suggestion of having this area designated as no parking with the exception of evenings and weekends or possibly no parking at all. Eichelberg said although the sidewalk would be a good alternative, he felt that it would need to be constructed by October 1st due to weather conditions and traffic. He said otherwise he would support removal of the striping and letting the City construct the sidewalk in 2002. In response to a comment by Eichelberg, Fingalson said the City removed the sidewalk from the original plan. A meeting was held and the City made a decision and granted approval for the cutoff for the sidewalk. Fingalson said in fairness to the City Council, they may not have been aware of the number of disabled residents in this area. If the sidewalk were constructed, Fingalson said the City and County would be responsible for maintenance of the retaining wall. Russek commented that inclement weather could prohibit the project from being totally completed by October 1st.

Fingalson requested Board direction so he could convey this to the City Council this evening. Eichelberg moved to offer two options to the City. The first would be to approve County funding participation toward the retaining wall portion of the sidewalk project (80% Federal Funds, 10% County, 10% City) as long as the project were started at a reasonable time. Funding for the sidewalk portion would be 80% Federal and 20% City. If the City would choose instead to restripe the road, the County would fund 50% toward costs to remove striping and changing back to the original striping format. The motion was seconded by Jude. Fingalson noted that the 8 miles of striping would come out of the striping budget (i.e., eight fewer miles striped elsewhere in the County). Jude left at 10:05 a.m. and was not present for the remainder of the meeting. After further discussion, Mattson moved to amend the motion, seconded by Eichelberg, clarifying that if the City elects both projects (both the sidewalk and restriping), that the County will participate in the sidewalk project only. The amended motion carried 4-0. Eichelberg pointed out that the City has the right to do both projects, but they would then be responsible for restriping costs. The motion carried 4-0.

At a previous Board meeting, the County Board requested that Fingalson provide a status report for the Cokato Shop Project. Today, Fingalson referenced the status report compiled by Steve Meyer, Highway Maintenance Superintendent. Fingalson said the project is 99% complete and expects to move in the end of next week. The contractor still needs to complete the punch list items. Funds expended on the project to date are $351,876.50 with a balance remaining of $19,301.50 (Project Budget $370,397.00). Russek moved to accept the report, seconded by Eichelberg, carried 5-0.

Bills Approved

Airtouch Cellular Bellevue 1660.25

American Institutional Supply 1020.46

Benchmark Computer Learning 2008.00

Betmar Languages Inc 967.65

Duerrs Water Care Service 678.41

Tom Feddema 177.01

Global Computer Supplies 135.76

H&H Sport Shop 168.00

Hillyard Floor Care Supply 355.73

Jerry's Towing & Repair 159.75

Lakedale Telephone Co 168.52

Lexmark International, Inc 339.00

Marco Business Products 1813.72

Midland Corporate Benefits Svc 588.25

MN County Attorneys Assn 100.00

Mountain Stream Sports & Appar 400.00

Denise Olson 128.03

Parr Emergency Product Sales I 190.13

Ramsey County Sheriff 150.00

S&T Office Products Inc 1196.00

Sprint 158.93

Dorothy Stuhr 323.33

Total Printing 502.36

Uniforms Unlimited 1375.36

Carol Vander Kooi 5077.31

Winsted Publishing Inc 733.30

Wright Lumber & Millwork Inc 536.83

Alliant Foodservice 1531.12

Ancom Technical Center 242.33

Best Disposal Services 120.74

City Buffalo 28686.56

E-Z Flush 221.30

Federated Propane 103.84

W Grainger Inc 1262.06

Laura Hardin 177.20

Institute for Forensic Psychol 650.00

Kustom Signals Inc 178.21

Marcia Lantto 498.45

Maple Lake Lumber Co 104.03

The Metro Group Inc 3520.46

Minnesota CLE 265.00

Monticello Times 479.30

Office Depot 2563.65

Pagenet 528.54

Richard Rajacich, DDS 425.00

Reliant Energy Minnegasco 364.91

Sentry Fire Protection 22840.00

St Cloud Times 317.71

Duane Swenson 128.03

Treadway Graphics 538.29

Unlimited Electric Inc 530.45

Walmart Store 01-1577 127.17

Wright County Highway Dept 17383.08

Robert Zrust 1311.72

39 payments less than $100 1,975.77

Final Total $108,187.01

The meeting adjourned at 10:10 a.m.

Patrick Sawatzke, Chairperson

ATTEST: Richard Norman, County Coordinator

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