Wright County Board Minutes

OCTOBER 21, 1997

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

Corrections were made to the minutes of 10-14-97: Page 3, insert the full text of the Wright County Moratorium Ordinance Renewal before the last paragraph (Brian Asleson); Page 2, 2nd to last paragraph, 2nd line, change from "11-5-97" to "11-5-96" (Norman); Page 3, 4th paragraph, replace "120,000 tons" with "120 tons" (Wyman Nelson); Page 2, last paragraph, 3rd line, from "May of 1996" to "May of 1997" (Sawatzke); Rose moved to approve the minutes as amended, seconded by Jude, carried 5-0.

On a motion by Rose, second by Jude, all voted to approve the Consent Agenda as follows:

A. ADMlNlSTRATlON

1. Performance Appraisals: Daren Demarais, Hwy.; Debra Ernst, Vet Svcs.

2. Performance Appraisal for Chuck Huston & Promotion to Custodian II, Step I, Eff. 10-11-97.

3. Claim, Dahlgren Shardlow & Uban, $7,064.83.

B. HIGHWAY

1. Approve Partial Payment #4 ($199,700.77) to Duininck Bros. For Contract 9707.

C. SHERIFF

1. Acknowledge Resignation, Michon Nemerov, Corrections Officer, Eff. 10-10-97 & Auth. Replacement.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #6, "Request from MCCC for $1000" (Groshensº; Highway Engineer Item #2, "Schedule a Transportation Committee Of The Whole Meeting" (Jude); Item For Consid. #2, "Reschedule Building Committee Of The Whole Meeting" (Norman); Item For Consid. #3, "Workers Compensation Reinsurance Premium Refund" (Norman). On a motion by Russek, second by Rose, all voted to approve the Agenda as amended.

At 9:05 A.M., Sheriff Don Hozempa presented a retirement plaque to Ken Antil. Antil has been employed with the Sheriff's Department since 1968. He has served in various areas including Patrol Deputy, Patrol Sergeant, Boat & Water Safety, Snowmobile Patrol, Spring Weight Restrictions, Sheriff Reserve Organization and with Boat & Water Patrol Volunteers. Antil was described as a very dedicated person who was willing to help when called upon to serve.

Darla Groshens, Auditor/Treasurer, said a letter was received from the Minnesota Counties Computer Cooperative (MCCC) requesting $1000 in funding. The State allocated $1 million to Minnesota counties to use for tax system enhancements, or $2,873 per county. Additional funds were received based on the number of tax parcels. Bill Swing, MIS Director, said he recommended approval due to legislative changes resulting in a shortage of funds. Wright County has received a total of $16,000 from the State for this and other updates. Jude moved to approve the request from MCCC for $1000, seconded by Russek, carried 5-0.

County Ditch No. 16 Assessments for 1998 were reviewed, totaling $6,273.90. This included repairs ($5,905.00), per diem for Dick Mattson ($40.00) and interest ($328.90). Rose moved to approve the assessments, seconded by Sawatzke, carried 5-0.

The County Ditch #30 minutes of 10-10-97 were reviewed.

Russek and Mattson inspected the ditch and found one beaver dam. Recommendation was to contact Scott Carlen with a request for him to let Mattson know when the soy beans have been combined so a contractor can scope the entire length of the ditch for beaver dams, allowing repair costs to be determined. Mattson left word with Swanson Brothers regarding Ditch #30 and Ditch #15 requesting an update on the beaver situation. Groshens will forward a copy of the minutes to Carlen. Rose moved to acknowledge receipt of the minutes, seconded by Jude, carried unanimously.

Kurt Deter, Rinke-Noonan, sent correspondence on behalf of the Cokato Town & Country Club (landowners within the assessed area of Wright County Ditch #7). The letter requests that the County Board inspect the Ditch and provide a report of findings. Russek moved to request the SWCD to shoot elevations of County Ditch #7 between the City's gate valve and the railroad tracks. Motion seconded by Rose. Groshens will send a letter requesting this. Motion carried 5-0. Russek added that he contacted Kerry Saxton, SWCD, to assure that the correct pipe size is used on Joint Ditch #15. This was discussed at the last County Board meeting. Groshens will notify Fyles Excavating that they have been awarded the bid for work on this ditch.

On a motion by Jude, second by Russek, all voted to approve the September Revenue/Expenditure Guidelines as presented.

The claims listing was reviewed. Mattson requested explanation of several of the claims. On page 10, Department of Public Safety, $3,840.00, Groshens said this was for connect and operation charges for the 3rd quarter. On Page 10, Masys Corporation, $1,575.03, Groshens said this was for software maintenance and a modem associated with the T1 system and records transfer. On page 13, Catholic Charities, $27,545.74, Mattson said that in addition to this, $10,000 is contracted by Human Services. On page 16, Superior Services, $721.56, response was that the Parks Department requests bids in the Spring for refuse service for the nine Wright County Parks. On page 19, Gartner Engineering, $1,369.00, costs were associated with highway engineering for Lake Charlotte. On page 25, Laidlaw Environmental Service, $16,044.18, Jude explained that this is for clean up of household hazardous waste which is funded through SCORE. On a motion by Jude, second by Rose, all voted to approve the claims as listed in the abstract, subject to audit.

At 9:30 A.M., Mattson closed the bid process for Contract 9712, Victor Township Bridge Replacement.

Jerry Uhde, Surveyor, explained that one of the Survey Technician positions has been filled and one has not. The position has been advertised twice, but they have been unable to find qualified applicants to perform CAD work for automated drafting. Originally, the Board had approved to fill the two Survey Technician vacancies. Today Uhde requested that Board action be changed to advertise for an Automated Mapping Specialist with a change in the job description to be more oriented to automated mapping. Rose moved to authorize Uhde to work with the Personnel Department to change the job description and to advertise for a person with CAD skills. If Uhde is still unsuccessful in obtaining qualified applicants, then Uhde should bring this back to the Board so they can discuss potentially contracting out the work. Motion carried 5-0 on a second by Russek.

Wayne Fingalson, Highway Engineer, opened bids for Contract 9712, Victor Township Bridge Replacement, S.A.P. 86-599-17. Engineer's estimate on the project is $85,000.

BIDDER ­ BID ­ BID BOND INCLUDED

Midwest Contracting, LLC ­ $81,260.00 ­ Yes

Mathiowetz Construction Company ­ $67,340.00 ­ Yes

Landwehr Construction Company ­ $61,920.00 ­ Yes

Fingalson said the Township has requested for the bids to be laid over for one week for review. Russek moved to lay the bids over for one week, seconded by Rose, carried unanimously.

Fingalson presented Agreement 97-05 between Victor Township and Wright County for S.A.P. 86-599-17 outlining responsibilities and funding participation for replacement of the bridge. Fingalson said 90% of the funding is paid out of the State Aid Town Bridge Account Fund, with the remaining 10% being the responsibility of the Township. However, Fingalson received notice that the State has bridge bonding funds available and will cover the 10% Township share. The only cost to the Township will be for removal of the existing structure, approach work, R/W easements and traffic control. Engineering costs are split on a 50/50 basis. Fingalson said the Township will be acting on the Agreement this week, along with a recommendation on the bids which were opened today. Jude moved to approve the Agreement contingent upon the Township approving it and the contract being awarded. Motion carried 5-0 on a second by Rose.

On a motion by Jude, second by Rose, all voted to establish a Transportation Committee Of The Whole meeting for 11-5-97 at 9:00 A.M. in the Commissioners Conference Room. Agenda items will include: 80th Street Request from Southside Township; Request from City of Rockford for a 4-Way Stop; City of Cokato Issues; Recommendation from Attorney's Office RE: Pathway Along CSAH 35. Southside Township and the City of Rockford will be notified of the meeting.

Tom Salkowski, Planning & Zoning Administrator, said a petition had been submitted to the Environmental Quality Board (EQB) requesting that an Environmental Assessment Worksheet (EAW) be prepared for the Investor's Together Plat in Silver Creek Township. The petition contained at least 25 signatures. The EAW is a process for environmental review, and is mandatory in unsewered areas when the development includes 50+ homes. The proposed PUD is for 12 single family homes on approximately 78 acres. This request has been before the Planning Commission, who voted last Thursday to rezone approximately 20 acres to A/R. The remainder of the project was rezoned several years ago. The County Board can voluntarily request an EAW in cases where it is not mandated by State Rules. Salkowski said there is not much guidance nor a definition on determining whether the project has the potential for significant environmental effects. Mattson asked if the problems Otsego is experiencing related to sewers could potentially be seen with this development. Salkowski said the primary difference would be the density. Many of the problem areas of Otsego involve one acre lots, whereas the lots in Silver Creek Township are ten acre lots. in the proposed development, the developers will have to show that there are at least two sewer sites on each lot. Wright County's sewer codes have been changed (brought down) to meet minimum State standards.

Russek said the Planning Commission has driven through the area and all wetlands have been mitigated and staked. He said the building sites are limited in this area, with many high and low spots. He felt the project would still move forward even if an EAW were performed. Rose said her concern was related to septic systems and that she understood a previous development was having problems. Salkowski said that the previous development included mostly 5 acre lots and he is aware of one failing drain field. Discussion also involved the roads in this area. Silver Creek Township has adopted an ordinance requiring blacktopped roads. Salkowski understood that the developers were working with the Township to make improvements to Bishop Avenue.

Salkowski said staff from Planning & Zoning and SWCD will be involved whether an EAW is performed or whether this project runs through the regular process of plat reviewal. The difference would be that through an EAW, notices are sent to State Agencies for comment. Experience has shown that the DNR generally would be the significant agency to respond. He was unsure what would be accomplished through the EAW process versus the plat review process, which involves the DNR as well. Rose questioned whether the plat would be submitted to the DNR and SWCD, with the requirement to show two sites for septic. Salkowski affirmed this would be done. Soil borings would be required on all lots unless they are similar to others in the area. Jude said it may be a redundancy of efforts and expenditures and did not feel he could support the EAW. Russek said the Township is in favor of the proposed plat. Rose questioned whether the property would be landlocked. Salkowski said that the Wooded Acres Development has access.

Sawatzke referred to Mattson's question in relation to sewer problems in Otsego. He said the State Legislature put together the EAW procedure so that environmentally things can be reviewed. The rules of the EAW pertain to services which are already being performed. What Sawatzke liked about the EAW process is that it sets up a protocol whereby people can make an educated response. He felt the same information was covered only in a better format. Russek felt that the Planning Commission does take time to review requests. He said that this issue has been discussed three times and that only related to the rezoning. The PUD discussions have not been acted upon yet. Sawatzke stated he was not criticizing the current process but felt lt could be better.

Chris Fuller, resident on Bishop Avenue, Silver Creek Township. She stated that she and Mary Olson were in attendance today representing many who were unable to attend the meeting. She referenced concerns residents had including the water table and maintenance of tar roads. She said since the Wooded Acre development was put in five years ago, many have had to replace their sewer systems. Fuller had to replace her well the same year the development was completed. She referenced the September Township meeting where the Township Board admitted there was a state of "buyer beware." She referenced problems with roads in the area. She said she was concerned with the leadership of the Township. She said the Township Chair was a realtor, which she felt was a conflict of interest in relation to this project. The Attorney General's Office informed Fuller that this was not against the law. She asked the Board to consider the picture of the proposed whole development, not just the 78 acres. in addition, she wanted consideration given to the extra traffic which would be created on Bishop Avenue. She did not feel making Bishop Avenue a tarred road would be advantageous due to the steep slopes, safety issues and homeowners losing a portion of their properties. She said the proposed PUD does not meet all guidelines. She said a request for an EAW was turned down in 1990 and many innocent people were affected.

Mary Olson, Wooded Acres resident, said she was being forced to voice her opinion in the only forum she could to make the County look at prior mistakes. She referenced Planning Commission meetings and said she did not feel citizens were provided the same forum as Investors Together was provided.

Olson stated that due to septic system problems, the Wooded Acres Development should not have been approved. The County okayed the lot which her family built upon and now she has problems with her septic system. She was in contact with Kerry Saxton, SWCD, who said that if he had known the problems out there his recommendation would have been different. Olson is in the process of contacting him to have his recommendation changed. Olson did not want an additional 12 families to live like her family is forced to. Since the developments have been piece-mealed, she thought the EAW process has been avoided. Olson said the County should take a closer look at the situation and look at their mistakes. Jude said that sewer installers should know what type of system is required, and that the County cannot control what contractors are hired. The Board's responsibility is for everyone to have free access, and that "buyer beware" is not always bad. The County can only set standards. He said the Board needs to act in fairness to everyone, whether the situation involves developers or the community. Olson felt the developer should have to bear some of the costs of the EAW. Salkowski said several days staff time would be involved, plus mailing costs. Olson also referenced the proposed road and that lt would need to be run along the property lines. Sawatzke moved to request legal council to draw up papers establishing a Findings of Fact for an EAW, seconded by Rose. Motion carried 4-1 with Russek casting the nay vote.

The meeting recessed at 10:35 A.M. and reconvened at 10:40 A.M.

On a motion by Sawatzke, second by Russek, all voted to appoint Rose to the MnDOT Th.H. 241 Advisory Committee.

At the last County Board meeting, a Building Committee Of The Whole meeting was scheduled for 10-27-97 at 10:00 A.M. At the request of Richard Norman, County Coordinator, Russek moved to change the Building Committee Of The Whole meeting to 10-28-97 following the County Board meeting. Motion carried 5-0 on a second by Rose.

Norman said the Workers Compensation Reinsurance Organization (WCRA) was established by the Minnesota Legislature to provide workers compensation reinsurance. Each year, MClT pays a premium to WCRA to cover catastrophic losses. Over the years, the WCRA has experienced an annual return on investments in excess of 15. The MClT Board took action to refund the entire $4.8 million distribution realized to member counties. Wright County received a check last week for $74,704.00 which has been receipted into the General Revenue Account. This was presented as an informational item.

Bills Approved

Advanced Graphic Systems Inc 153.84

Airtouch Cellular 209.42

American Society of Civil Eng 425.00

AT&T 385.48

Buffalo Bituminous 5656.44

Central Glass 563.38

Collins Communications 394.80

Copy Equipment Inc 142.88

Department of Public Safety 3960.00

John Dziuk 672.30

Emergitek Corporation 1687.61

Facility Systems Inc 159.75

Gartner Engineering 1369.00

GE Capital Info Tech Solutions 447.30

Hance Cable Testing & Locating 529.44

IBM Corporation 127.50

Int'l Assn of Assessing Ofcrs 130.00

Intoximeters Inc 117.10

Koch Materials Co 778.05

Lake Region Co-op Oil 19124.48

Lawson Products, Inc 948.53

Loberg Plumbing & Heating Co 509.89

Marco Business Products, Inc 411.08

Masys Corporation 1972.03

The Metro Group Inc 2609.60

Minnegasco 120.39

Norstan 157.43

Office Depot 286.28

Orr Schelen Mayeron & Assc 170.00

Precision Prints of Wright Co 362.32

Royal Tire-St. Cloud 1538.38

St Michael Veterinary Clinic 101.91

State of MN Intertech Group 679.58

Stratus Computer Inc 1770.00

Tessman Seed Co Inc 2428.95

US West Communications Srvc 110.00

Wright County Highway Dept 106.94

Thomas Zins 133.92

Air Compressors Plus Inc 1460.06

Albinson, Inc 146.40

Annandale Rock Products 1051.70

Best Disposal Services 231.64

Catholic Charities 27545.74

Coast to Coast - Annandale 122.04

Computer Parts & Services inc 6325.80

Data Source Hagen 300.00

Duininck Bros Inc 199700.77

E-Z Flush 197.30

Erickson Engineering 17702.66

Pat Fitzsimmons 571.66

Gateway 2000 1420.00

Greenview Inc 12437.20

Hedlund Plumbing 455.00

Idexx Laboratories Inc 718.96

International Wolf Center 150.00

JLM Telecommunications 196.50

Laidlaw Environmental Srvcs 16044.18

LaPlant Demo Inc 315.27

Lee's Farm & Garden Store 139.40

Marco Business Products 110.02

Marks Standard Parts 2033.36

McDowall Company 5375.00

Mid-Minnesota Hot Mix Inc 1242.07

MN State Auditor 3122.31

Northern States Power Co 111.11

Omann Brothers Inc 1270.55

Photo I 660.80

Reentry Services Inc 261.45

Sharp Electronics 258.52

Standard Truck & Auto 656.05

State of MN - General Fund 239.40

Superior Service - Central MN 721.56

US West Communications 6293.41

West Publishing Company 418.72

Keith Wurm Construction 741.00

67 payments less than $100 3,183.76

Final Total $365,382.37

The County Board adjourned at 10:45 A.M.

Dick Mattson, Chairperson

ATTEST:

Richard W. Norman

County Coordinator


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