Wright County Board Minutes

OCTOBER 13, 1998

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

The Board reviewed the minutes from 10-6-98 & 10-8-98. A correction was made to the 10-8-98 minutes: 2nd paragraph, 1st line, 1st word, change from "Groshens" to "Russek." Russek moved to approve the minutes from 10-6-98 & 10-8-98, seconded by Jude, carried 5-0.

Petitions were accepted to the Agenda as follows: Item For Consid. #4, "Schedule Budget Committee Of The Whole Meeting" (Russek); Item For Consid. #5, "Refer Utility Connection Costs for Cokato Storage Building to the Building Committee Of The Whole on 10-20-98" (Norman); Item For Consid. #6, "Meeting Highlights" (Mattson). Sawatzke moved to approve the Agenda as amended, seconded by Russek, carried unanimously.

The Consent Agenda was reviewed. Darla Groshens, Auditor/Treasurer, referenced Item B1, "Accept Resignation, Toni Duerr, Clerk, Eff. 10-20-98 & Auth. Replacement." Groshens changed the effective date from 10-20-98 to 10-16-98. The Board stated that Duerr has been an excellent employee and accepted the resignation with regrets. On a motion by Russek, second by Jude, all voted to approve the Consent Agenda as follows:

A. ADMINISTRATION

1. Performance Appraisals: L. Rodgers, Ct. Svcs.; R. Vaa, Parks; C. Engel, M. Miller, T. Pompeii, Sher./Corr.; D. Ernst, VS/CD.

2. O/T Report, Period Ending 10-02-98.

B. AUDITOR/TREASURER

1. Accept Resignation, Toni Duerr, Clerk, Eff. 10-16-98 & Auth. Replacement.

2. Approve Tobacco License For Casey's General Store (Rockford City).

C. RECORDER

1. Acknowledge Promotion Of Linda Schallock From Clerk To Clerk II, Eff. 10-14-98.

D. SHERIFF

1. Acknowledge Hire, Brenda Quast, Half-Time Juvenile Holdover Attendant, Eff. 10-19-98.

2. Acknowledge Appointment, David Northington, Deputy Sheriff, Eff. 10-15-98.

Groshens presented three Game & Fish Agents for approval. She explained they had been agents before but are under new ownership. Sawatzke moved to approve Total Mart #3, Monticello City (Avanti Petroleum Inc.) as a Game & Fish Agent, seconded by Mattson, carried 5-0. On a motion by Jude, second by Russek, all voted to approve Total Mart #6, St. Michael (Avanti Petroleum Inc.) as a Game & Fish Agent. Sawatzke moved to approve Total Mart #7, Monticello City (Avanti Petroleum Inc.) as a Game & Fish Agent, seconded by Russek, carried unanimously.

The claims listing was reviewed. Mattson questioned a claim on page 10, Canterbury Inn ($280.32) for lodging. Groshens explained that this will be paid from the Corrections budget and was for two rooms for Juvenile Holdover Attendants. On a motion by Russek, second by Jude, all voted to approve the claims as listed in the abstract, subject to audit.

Jude moved to adopt Resolution #98-55 approving the Charitable Gambling Application as submitted by the Annandale/Maple Lake Hockey Association (Corinna Twp.), seconded by Russek, carried 5-0 on a roll call vote.

Sawatzke referenced a letter he sent to AMC on behalf of the Coalition of MN Utility Counties requesting funding to finance a study being completed on the utility industry. It will research the actual tax and expenditure data comparing how MN utility companies compare with their counterparts in other states. The Coalition of Cities embarked on the study, which will cost $10,000. The cities have requested counties to finance $5000 of the study, equating to $752.00 for Wright County s share. Sawatzke explained that those counties involved in the Coalition will bring the same request to their respective Boards to request funding participation. The Coalition of Cities will be ultimately responsible for the cost of the study. Jude pointed out that this cost is above what is being expended for the lobbyist. Sawatzke added that he will bring forth a funding request in the near future for the lobbyist. Jude moved to approve the request with funding to be from the Professional Services line item (Budget 820), seconded by Russek, carried unanimously.

Capt. Gary Torfin stated that the contract with Preferred Correctional Management Team, Inc. (PCMT) expires the end of December and requires a 60-day notification for cancellation or termination. He stated the coverage provided in the Jail has been good primarily due to the nurse on staff. Torfin has personally lost confidence in PCMT's ability to administer the contract and felt there was an erosion of credibility with the owner. The Attorney's Office sent a letter to PCMT in September outlining deficiencies. Response was received in a timely manner. Although the issues were not handled in the same manner, they are now resolved including benefit premiums for the employees on site. Mattson referenced his attempts to acquire information from PCMT, only doing so after working through the Colorado Better Business Bureau. Torfin responded that PCMT has experienced business problems elsewhere which has a peripheral effect in Wright County. Torfin stated the recommendation would be to hire the nurse currently employed by PCMT. If the position would be that of a Wright County employee, it would be required to be supervised by Public Health. Otherwise, the position could be contracted and supervised by a physician. Torfin explained that Allina is reviewing whether to offer such services locally, but did not foresee them coming to resolution on the issue by the time the PCMT contract expires. Torfin has been in contact with Wright County Public Health and they will provide interim services. Mattson stated that the PCMT contract called for expenditures of $84,000 per year and felt that this amount could easily cover the wages to hire a nurse and the expenses of a physician. Jude moved to direct the County Attorney's Office to send the 60-day notice of contract termination and to refer the issue of options to the Ways & Means Committee, seconded by Russek, carried unanimously.

Brian Asleson, Assistant County Attorney, said the City of Clearwater served notice that they would be taking action against hazardous real estate located in the City of Clearwater, legally described as Lot Nine, Block One, Oak Manor First Addition, Wright County, MN. Taxes for this parcel have been paid to date. Subsequently, a fire occurred at the residence. Chuck Davis, Environmental Health Officer, visited the site. It was found that the building was more hazardous than originally envisioned and posed a public health threat. The City Council issues the order to clean up the exterior of the property, which must be completed within 30 days or a court order to do so is obtained. State statute gives cities the choice whether to have their own Board of Health. Since Clearwater City does not have one, the Statute provides that they can request the County to serve in this capacity. The City has requested the County's assistance in cleaning up the property. Asleson requested Board authorization to issue an order requiring the owner to abate the public health nuisance and if it is not completed in the 10-day time frame, that the County would take action in conjunction with the City to do so and assess the property for any expenditures. Jude moved to approve the recommendation to serve the order to abate the public health nuisance at the so named residence in the City of Clearwater, seconded by Russek, carried 5-0. Asleson will contact the property owner's insurance company and financing institution.

The next issue addressed by the Board was a request to approve recording of River Oaks Plat, Phase I. Ed Otto, Otto Land Surveyors, said the plat lies both in the City of Rockford and Rockford Township. Bridgeland Development and James Stewart, the property owner, have applied to subdivide and plat the parcel. In processing the plat for approval, it was discovered that the certificate of title contains an erroneous description for the torrens portion of the property. The remainder is classified as abstract. The error was made more than 50 years ago and property transfers have occurred with the incorrect description. Due to the erroneous legal description, a Proceedings Subsequent must be filed in court to change the description. In order to record the plat, the Recorder is required to obtain signatures of the County Surveyor and the County Board. The Surveyor is unable to approve the plat because the legal description on the plat does not conform to the legal description on the certificate of title. Otto explained the time parameters of the developer. Grading has been completed and they are in the process of installing sewer and water. There are a number of builders who want to install model homes.

A letter from George MacDonald, Examiner of Titles for Wright County, provided a summary of the situation and options the Board could consider. The letter states that the situation is very unique and that the proposal of the developer to proceed in this order will ultimately lead to a legally sufficient platting process for the entire parcel, both the parcel presently being developed and the parcel designated for future development as outlots. Delaying the filing of the final plat until the necessary Proceedings Subsequent has been completed would also result in a legally sufficient plat. MacDonald's belief is that either option would result in a legally sufficient plat.

Richard Hocking, Legal Counsel representing the developer, stated that the Board would have a $5000 letter of credit and his personal guarantee that the erroneous description would be corrected. He stated with the nature of the Proceedings Subsequent, there should be no conflict. Hocking received the filing notice yesterday from the Wright County District Court. Steve Nelson, Bridgeland Development, stated that the developer already has a substantial investment in this project and would have every motivation to make sure the legal description is corrected.

Brian Asleson, Assistant County Attorney, referenced the letter from MacDonald and conversations he had with the Recorder and Surveyor. He feels the County is being asked to do something that is not provided for in Statute. He referenced the Recorder's requirement that the plat be signed by the Surveyor, who will not do so due to the erroneous description. Asleson stated that the plat must be signed off by all owners of the property and although unlikely, someone may object. He also referenced the self-inflicted problems of the developer and the extra work which may develop for County staff due to actions of the developer. Suggestion had been made this summer to split the property into two plats, allowing the developer to proceed with the abstract portion of the property. Regarding the letter of credit, Asleson stated that a cashiers check held in escrow would be his recommendation. Jerry Uhde, County Surveyor, stated he will not sign the plat regarding the error in the legal description.

Rose referenced the developers knowledge of the incorrect description in July. Hocking responded that MacDonald was contacted and learned that the plat could be recorded before the Proceedings Subsequent was completed. Hocking said the plat is not in error, that the old Certificate of Title is wrong. He stated the developer did not create the error. Rose responded that if they had acted on the Proceedings Subsequent when they first learned of it, it may have been completed at this time. Steve Nelson referenced MacDonald's letter and the statement that "the proposal of the developer to proceed in this order will ultimately lead to a legally sufficient platting process for the entire parcel..." He mentioned the time line of the developer and the willingness to cooperate by providing money in escrow.

Discussion followed on conveyance of lots. Phase I includes the abstract portion, and the only portion that affects the torrens portion is a small strip of land in Phase II of the project. Uhde stated that conveyance of lots in Phase I would still reference an incorrect description as they are all part of the same plat. Hocking did not agree.

Marsha Lantto, Recorder, stated she was uncomfortable with Hocking's guarantee that nothing would happen with the torrens property once it is filed. Lantto contacted Hennepin County who confirmed that it is uncommon to record a Proceedings Subsequent after the plat has been recorded. They could only recall this happening once with a governmental plat. Lantto also referenced the recommendation earlier this summer to Otto and Hocking to record the plats separately if they wanted to proceed quickly. Lantto felt uncomfortable with filing a Proceedings Subsequent not signed by the Courts.

Sawatzke said he initially thought this request would be a housekeeping item but has changed his opinion after hearing staff recommendations. He thought it was obvious that the Board should not approve the request and that legally they had no justification to do so. Sawatzke moved to deny the request to record the plat and authorize allowance of the line of credit as was requested, basically requiring it to follow the usual and common procedure. Motion was seconded by Mattson. Russek stated that he did not want to hold up development but that the Board must act upon the recommendations of the three staff members. Asleson spoke with MacDonald yesterday who felt the Board could take action either way. Asleson said if the Board did approve the request that he would like to see a clearer mechanism to recover costs if the Proceedings Subsequent is not completed. Sawatzke referenced MacDonald's letter which stated that "It is within the sound discretion of the County Board which procedure it deems appropriate and proper under the circumstances" and that the County Board relies on staff to assist with discretionary decisions. The letter further states "that either option would result in a legally sufficient plat..." which Sawatzke felt suggests that this would not be following the letter of the law and that this may be inappropriate.

Otto stated that the plat could have been prepared as previously suggested by the Recorder and Surveyor, and that the plats could be redrawn. He said it will add additional expense for the developer to do so. If this is done, the only portion which will be brought back before the Board is the portion which is in the Township. Motion carried 5-0.

A Building Committee Of The Whole Meeting was held on 10-6-98. A summary of the minutes follows:

Proposal for Modification of PA System, Courtrooms 3 & 4: A quote of $890 was obtained from EPA which would address the static interference problem in Courtrooms 3 & 4 for the judge, but not other hearing-assisted individuals. The consensus was for Nordeen to get a firm quote that would address the problem for all hearing-assisted individuals with funding from Site Improvement, and to submit to the Board for approval as a consent agenda item unless the quote greatly exceeds an estimated cost of $3,000.

Project Update: The Human Services Center is at 96% complete. Items on the punch list still need to be completed. The committee discussed location of thermostats at the Public Works building. A price has not yet been received for the break room waterline at Public Works. The Architect anticipated a cost of $1,500 to seal off an unneeded exterior door. The Committee consensus was to approve change order HS43 ($565) for door closures at the main entrance and PW 10 ($2,204) for a single 4' double acting door with a window and bumpers. PW11 ($2,118) is for new colored letters at Public Works, however the contractor has quoted a price of $1,343 to repaint the other letters. Both carry a one year guarantee. The consensus was for Engel to check further on the repainting product and process to be used to determine comparable quality. The committee consensus was to have the Architect obtain a price for new exterior doors at the HS Center. The County Board pulled two bills from Buetow in the amount of $921 (PW-redesign drawings) and $2,700 (HS-marker boards). The consensus of the Committee was for payment to be made by the Architect for lowering of the marker boards. Hiivala was directed to pay the $921 for redesign drawings at PW and to hold the $2,700 bill. Regarding electrical problems, the City supplies electricity to the HS Center and they will check to determine whether the problem is internal or external at no cost. A letter will be written to KUE Contractors stating the County s position that safety regulations must be followed. The Owners Representative recommends preventive maintenance (caulking) on the exterior of Public Works. The roof project at the HS Center is complete. Striping of the HS Center lot is scheduled for 10-10-98.

Voice/Data Update: Once the roof is on and the slab poured at the Public Works site, the contractor was advised that the voice/data room is to take priority.

Other: A HS Moving Task Force has been established. Schillewaert will be the communication liaison. Human Services staff will pack and move personal items. With Human Services moving by units, it is anticipated that 4-5 moves will be necessary. Options for moving were discussed.

At today's meeting, Russek moved to approve the minutes, seconded by Sawatzke, carried 5-0.

On a motion by Russek, second by Mattson, all voted to schedule a Budget Committee Of The Whole meeting for 10-20-98 at 1:30 p.m. The purpose of the meeting is to discuss line item changes in the Highway Department budget (not total levy changes) that were brought forth during the Public Works Labor/Management Committee Meeting.

Russek moved to refer to the Building Committee Of The Whole Meeting on 10-20-98 the utility connection costs in Cokato for a new vehicle storage building. Motion carried 5-0 on a second by Jude.

Mattson referenced a Transportation Committee Meeting which he attended last week in St. Cloud reviewing the latest technology for ways of improving highway/railroad grade crossings and a futuristic crash notification system.

Bills Approved

AAA Striping Service Inc 92178.00

Airtouch Cellular Bellevue 1487.11

Appert Foods 2023.70

Rebecca Benoit 100.00

Breezy Point Resort 181.01

City Buffalo 30529.42

Cargill Inc-Salt Division 692.98

Central Glass 932.05

Central Micro Systems Inc 4997.65

City Cokato 150.00

Computer Training International 422.50

Corinna Township 775.00

Department of Public Safety 3960.00

James Elmquist 329.52

Dale Engel 210.80

Tom Feddema 112.53

Gateway 2000 6304.80

Janet Gholson 310.31

Darla Groshens 246.19

Harkers 236.64

Hedlund Plumbing 525.00

Industrial Supply Co 125.16

Lakedale Telephone Co 386.67

Maple Lake Messenger 102.54

Masys Corporation 2698.48

Midland Corporate Benefits Svc 396.50

Roger Millner 495.17

MN Sheriffs Association 250.00

Margaret Munson 108.50

National Bushing & Parts 141.57

Northern States Power 200.00

Denise Olson 196.23

Paging Network of MN Inc 524.84

Photo I 623.70

Ryan Motors Inc 187.71

Ronald Thomas 100.00

Tree Tran, Inc 170.00

Uniforms Unlimited 3109.66

University of Minnesota 440.00

Harry Walsh 275.00

Winsted Publishing Inc 304.76

Wright County Human Services 798.90

Wright County Sheriff 2440.44

Robert Zrust 1451.96

Brian Abrahamson 305.66

Annandale Advocate 140.75

Association of Minnesota Ctys 120.00

Best Disposal Services 452.39

Buffalo Glass & Lock 116.09

Canterbury Inn 280.32

Catco Parts Service 1208.92

Central Lock & Safe 444.00

Chamberlain Oil Co 443.48

Collins Communications 1271.25

Copy Equipment Inc 142.72

Cummins North Central Inc 953.19

Edens Group 120.00

Emergitek Inc 1654.14

Enterprise & Dispatch 141.80

G & K Services 1274.56

GE Capital Info Tech Solution 2255.68

W Grainger Inc 141.10

Douglas Gruber 360.95

Jim Hatch Sales Co. Inc 307.25

HIllyard Floor Care Supply 499.44

Institute for Forensic Psych 650.00

Marcia Lantto 574.01

Marco Business Products 1585.05

Tom McAlpine 242.40

Midwest Cover-all 39000.00

Minnegasco 389.50

Monticello Times 280.50

Nat'l Soc of Professn'l Engrs 221.00

Richard Norman 347.05

Office Depot 2670.48

OSM & Associates 10021.60

Dave Peterson Monticello Ford 1793.83

Precision Prints of Wright Co 230.26

Stratus Computer Inc 5580.00

Total Printing 339.09

Trueman Welters, Inc 1893.65

United Parcel Service 116.66

Walmart Store 01-1577 181.10

Warning Lites 201.90

Wright County Highway Dept 18162.47

Wright County Journal Press 337.37

Wright Lumber & Millwork Inc 244.88

45 payments less than $100 2,223.74

Final Total $262,152.23

The meeting adjourned at 10:30 a.m.

Judie Rose, Chairperson

ATTEST: Richard W. Norman, County Coordinator


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