Wright County Board Minutes

NOVEMBER 4, 1997

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

The minutes of 10-28-97 were discussed. Jude requested that the minutes be changed to include, "An example used by Jude was that 10 acres is considered a farm, but reporting for 50 ducks seemed ridiculous." The minutes will be changed on page 3, 2nd paragraph, 7th line. Motion to approve the minutes as amended was made by Jude, seconded by Russek, carried unanimously.

Petitions were accepted to the Agenda as follows: Consent Agenda Item B2, "Accept Resignation, Paula Starkey, Eff. 11-14-97 & Auth. Replacement" (Norman); Item For Consid. #4, "Hennepin County Regional Railroad" (Sawatzke); ltem For Consid. 115, "Pass Through Funds For Economic Development Partnership" (Rose); ltem For Consid. #6, "Closed Meeting following the County Board Meeting RE: Threatened Litigation" (Wyman Nelson). Russek moved to approve the Agenda as amended, seconded by Rose, carried unanimously.

The Consent Agenda was discussed. Russek removed Item D2, "Deny Request To Rezone From AG & S-2 to S3, Willette Campground (Southside Twp.)" and ltem E4, "Acknowledge Donation Of $7,000 For Purchase Of Two Defibrilators From Wright-Hennepin Electric Trust-Operation Round Up" for discussion. On a motion by Rose, second by Jude, all voted to approve the remainder of the Consent Agenda as follows:

A. ADMlNlSTRATlON

- Performance Appraisals: Duane Swenson, Assessor; Rodney Bunting, Antonia Duerr, Aud./Treas.; Sandra Block, Ct. Admin.; Kurt Eich, Parks.

- Acknowledge Order Setting Salaries For Probation Officers, 1/1/98-12/31/98.

- Acknowledge Order Setting Salaries For Probation Officers, 7/1/97-12/31/97.

-Refer Discussion Of Hiring An Owners Representative To The Building Committee.

B. AUDlTOR/TREASURER Approve Hire Of Sue Rief, Lead Clerk-License Bureau, Eff. 11-5-97 & Auth. Clerk Replacement Hire.

C. HIGHWAY Approve Partial Payment #5 ($158,238.68) To Glenwood Bridge, lnc. For Contract 9709 (CSAH 19 Bridge in Hanover).

- Approve Partial Payment #1 ($169,095.77) To Midwest Contracting For Contract 9710 (SAP 86-619-22). .

D. PLANNING & ZONING

- Approve Request To Rezone Approx. 20 Acres From AG to A/R, Investor's Together (Silver Creek Twp.).

E. SHERlFF

- Acknowledge Appointment Of Randy Wallin To Deputy Sheriff, Eff. 11-4-97.

- Acknowledge Appointment Of Kathleen Perkins To Corrections Officer, Eff. 11-5-97.

- Acknowledge Appointment Of Deputy Scott Halonen To Sergeant Deputy Sheriff, Eff. 11-29-97.

- Approve Out-Of-State Travel For Training For Lt. Korb Schwietering & Corrections Officer Todd Gau.

F. SURVEYOR

- Accept Resignation Of Dan Carlson, Automated Mapping Technician & Auth. Replacement. The Board discussed the Planning Commission's recommendation to deny the request to rezone from AG & S-2 to S-3, for Willette Campground in Southside Township. Willette Campground has requested that this issue be withdrawn from today's County Board meeting. Tom Salkowski, Planning & Zoning Administrator, said the reason for the late request to withdraw this from today's Agenda may be due to the applicant not understanding the process and that they potentially would have withdrawn the request at the Planning Commission. Even with denial of the request, the application could be made again in one year. Salkowski said he received a letter which indicated that this was not their intent. Salkowski spoke with the Attorney's Office who indicated that the Board can dismiss this request or act on the denial. At this point, the Board is acting upon the recommendation from the Planning Commission, not the applicant's request. On a motion by Russek, second by Jude, all voted to deny the request to rezone from AG & S-2 to S-3 for Willette Campground in Southside Township.

Russek acknowledged the donation of $7,000 from Wright Hennepin Electric-Operation Roundup, for the purchase of two defibrilators which will be placed in squad cars. Rose, who serves on the EMS Council, said they are attempting to place defibrilators in all squad cars as they are generally the first responders to medical emergencies. Russek moved to acknowledge and accept the donation, seconded by Jude, carried unanimously.

Darla Groshens, Auditor/Treasurer, introduced Nancy Elam. Elam was hired as a Clerk in the Treasurer's Office approximately one month ago.

On a motion by Jude, seconded by Rose, all voted to approve a plat, "SILVER BULLET ADDITION" as submitted by Scott A. & Marlene K. Miller, husband and wife, fee owners of the following property described in part as: That part of the W1/2 of the SE1/4, Sec. 2, Twp. 122, Rge. 27; with all outstanding taxes, including green acre liability, if any, having been satisfied; there are no new roads involved; the park dedication fee has been paid; and the Title Opinion letter from Bradley V. Larson, Attorney at Law, dated October 22, 1997, has been reviewed by Thomas C. Zins, Assistant County Attorney, who finds the plat to be ready for filing and recording.

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

Correspondence was received from MClT stating that an election will be held for two seats on the MCIT Board of Directors and requested the Wright County Board designate a voting delegate and alternate. Sawatzke moved to appoint Darla Groshens as the delegate and Judie Rose as the alternate. Motion carried 5-0 on a second by Russek.

As submitted by the Highway Engineer, Rose moved to adopt Resolution #97-60, approval to vacate 17 parcels of right of way (R/W) for CSAH 20 between TH55 in Rockford and CSAH 19 in Hanover. The motion was seconded by Russek and carried 5-0 on a roll call vote.

The County Board received correspondence regarding a potential train corridor from Minneapolis to Monticello, asking for representatives to attend a hearing on the issue. Russek moved to appoint Sawatzke and Jude to attend the hearing, seconded by Rose, carried unanimously.

At the request of Brian Asleson, Assistant County Attorney, Rose moved to set a Public Hearing for 11-25-97 at 10:00 A.M. to consider the Solid Waste Management Service Charge on the 1998 property tax statements. Motion carried 5-0 on a second by Sawatzke.

Asleson referenced a letter from the MPCA with a request for the County Board to consider transferring the County Solid Waste Assessment Fees collected from Edward Lindala to the State of Minnesota Solid Waste Fund. The State has taken over the landfill, but has not yet reached an agreement with Lindala. The landfill is part of the Closed Landfill Cleanup Program created through the Landfill Cleanup Act, resulting in the MPCA taking responsibility for the closure and post-closure care of 106 landfills across the State. The funds requested from the County would go toward the total costs the MPCA is incurring to properly close and manage the landfill through an approximate 30-year post-closure period. MPCA staff estimates a cost of $4.5 million. The State has requested approximately $150,000 in fees collected from Lindala to apply toward these costs. On a motion by Jude, second by Russek, all voted to refer this request to the Compost Finance Committee meeting on 11-19-97.

Commissioner Jude brought forth discussion on the North Lake Access which is West of Harry Larson Park. Jude received a call on 10-23-97 with information that people had been driving in the ditch to launch boats on the lake. Upon contacting Bruce Thielen, Parks Administrator, Jude understood that Thielen would be meeting with the Game Warden and that fencing could be placed in the area, which was subsequently done. Jude said that on 10-24-97 Thielen built a larger access to North Lake, making the canoe access into a boat access and that trees had been cut down in the process. Jude sent a letter to the SWCD requesting they research whether Thielen's actions were in violation of wetland laws. Jude referenced the 9-26-89 County Board minutes where a motion passed 3-2 to authorize the Parks Administrator to designate a parking area within the Harry Larson County Park limiting parking to the area on the hill, to provide a "Carry-in Boat Access" ONLY to North Lake and to put up the proper signage to enforce these regulations. Jude felt that action taken by Thielen was in violation of the prior Board motion.

Jude said he has since learned from Jim Smith, Conservation Officer, that North Lake is a protected basin and that public entities can improve or install landings. In material Jude received from Smith, it states that the local conservation office should be contacted before proceeding with a project. He said neighbors in the area are upset by the upgrade of the landing which provides hunters lake access. Jude also referenced a Wright County Parks Ordinance which states that it is unlawful to carry a gun in a County Park without obtaining a permit from the Parks Administrator. Cased guns can be carried in State Parks. Jude said he felt the Parks Administrator should have held a meeting with all of the people involved and brought the consensus back before the County Board before upgrading the canoe access to a boat access.

Jim Smith, Conservation Officer, said he had talked with one of the property owners who felt the area was being used inappropriately. Smith said that he contacted Thielen regarding any new ways to handle the area. He informed the property owner that hunters were allowed to gain access to the lake through the Parks property. Thielen subsequently was in contact with Smith and informed him of the plan to place fencing in the ditch area, with signage to redirect them to the appropriate area. The lake could legally be accessed from the road right of way, but they felt it was an unsafe area due to the curve of the road. Smith learned that Thielen planned to make other improvements. Smith said that as this is a protected water basin, wetland rules do not apply. Jude was given a summary of the protected water statutes of the DNR Division of Waters. Smith said this spells out exactly what can be done for an access and what Thielen had done did fall within these rules.

In response to a question by Jude on the State and County ordinances regarding carrying of guns, the County Attorney stated that the Courts would interpret State law. in order for the Board to have more restrictive action, it would require an amendment to the Ordinance. Proper notification would be required. He suggested that the issue be referred to committee to consider all ramifications, to possibly arrive at some conclusions, and to discuss language for any amendments.

Thielen offered to show pictures and provide information on DNR standards for a boat access versus a carry-in access. He said the carry-in access is a generic term which is used throughout the County for access to lakes similar to North Lake. He said many accesses are more accessible than this one. He said he felt a responsibility to provide a safe access. The area was graded and three loads of gravel were placed on the path. Thielen said this access is still considered a carry-in access if DNR standards are followed. Smith agreed.

Jude said although it is called a carry-in access, the sign reflects that it is a trailer access. He said the access measures 20' wide, and did not feel it was a carry-in access when vehicles can drive to the end. He also referenced the 50-year-old trees which were removed to upgrade the access. Thielen said the Parks Department has been placed in the middle, that they need to provide a safe and adequate access yet be sensitive to the neighbors in the area. He said although trees are removed when upgrading, thousands of trees are replanted by the Parks Department. He said they did not intentionally place a trailer access sign aud that it had been removed. Discussion followed on interpretation of what a carry-in access means. Mattson said he was at the Public Works Building yesterday morning and talked to Ralph Borell about the sign installed. Borell explained that it was the only sign he had available at the time. lt has since been taken down and the proper sign is on order. Thielen explained that DNR standards define that some carry-in accesses do allow for vehicles to back up to the water. Jude made a motion to block the access back to the lot, stating he felt it was a canoe access, and to send the issue of the gun ordinance to the Ways & Means Committee. Rose seconded the motion, but stated she would vote against it. She did not feel that ordinances should be made so strict that encased guns could not be carried to the lake. She felt that would be giving residents a private lake. She felt the access should be limited with posts. Jude clarified that he wanted the issue sent to the Ways & Means Committee and to have neighbors and hunters invited to discuss and resolve the issue. Sawatzke referenced the 3-2 vote in 1989 and said discussion should have taken place before any action was taken. He felt the newly built road access should be used or the new access placed back in its natural state. He was not inclined to vote for the posts. Russek said he felt this issue should be referred to Committee for recommendation. Mattson said he was concerned with a liability issue. After further discussion, Jude amended his motion to send the whole issue to the Ways & Means Committee for discussion, which was seconded by Rose. The motion carried 3-2 with Rose and Mattson casting the nay votes.

Rose moved to schedule a Ways & Means Committee meeting for 11-19-97 at 10:00 A.M., seconded by Sawatzke, carried unanimously.

A Building Committee Of The Whole meeting was held on 10-28-97:

Building/Moving Issues, Human Services. Hall stated that they have developed two separate space plans. The first incorporates the original assumption that the entire Human Services Department will move to the Pamida Building except for the Child Support Unit. Modular offices will be 8' x 8'. This allows for future expansion by 21 cubicles and 1 office. The second layout assumes that both Child Support and Financial Assistance will stay on the third floor of the Annex Building. This allows for future expansion by 42 cubicles and 3 offices. Thus, the third floor of the Annex Building would be mostly occupied by Human Services. Board members discussed the possibility of consolidating Accounting under the Auditor/Treasurer. Recommendation: Refer this issue to the Ways & Means Committee. Several other issues were discussed. They included:

- The reception area wlll have one staff person. Two will remain in the Annex Building.

- The building should be hard-wired for security cameras.

- Mleziva expressed the need for additional conference rooms. There was agreement on the location of these rooms.

- Mleziva requested that windows be installed. After discussion the Board agreed to have windows installed in the Break Room.

- lt was the consensus that a card-key security system be considered.

- Norman expressed concern that the floor plan allow for access to the units above the ceiling. Maintenance staff will need a lift in order to reach and maintain the mechanical units.

Public Works Building. Engel stated that the survey is completed. The schematic design calls for a 8,250 square foot building. It will have a sloped roof and masonry wall construction. A conditional use permit has been filed with the City of Buffalo. Civil engineering drawings are needed. Norman stated that Fingalson is contracting this work out. This had to be done last Friday in order to meet the filing deadline for the next Buffalo Planning Commission meeting. Engel stated that the schedule calls for another meeting in November as part of the Design Development Phase.

At today's meeting, discussion involved whether these issues should be discussed as a Building Committee of the Whole or through the Ways & Means Committee. Rose moved to schedule Building Committee Of The Whole meetings for every other Tuesday at 10:30 A.M. starting 11-18-97, seconded by Jude. Norman inquired whether Consent Agenda Item A4, "Refer Discussion Of Hiring An Owners Representative To The Building Committee" approved today should be instead sent to the Building Committee Of The Whole. This motion was changed to include this. Motion carried 5-0.

Rose indicated that the Director of the Economic Development Partnership is attending Economic Development Certification classes. Tuition costs are $3000, with $1000 being covered by the Initiative Fund and $1000 through a grant. Due to the Partnership Fund change from a C6 to a C3, she requested that the County accept the grant funds and pass them onto the Partnership. Jude stated that the Partnership is a separate entity from the County and did not feel it would be appropriate for our County Treasurer to accept funds in this or other similar circumstances. Rose moved to allow a one time pass through of the grant funds received for the Partnership. Motion failed for lack of a second.

Mattson announced a Flag Raising Ceremony next Tuesday at the Edgewood Apartments in Cokato. The event is being sponsored by the Legion and Auxiliary.

Sawatzke moved to announce the Board going into a closed session to discuss potential litigation. Motion carried 5-0 on a second by Russek.

Bills Approved

Abbeon Cal Inc 501.00

Albinson, Inc 248.66

American Business Forms 1812.63

American Research Grant 900.00

AT&T 1227.15

Barton Sand & Gravel Co 840.59

Paul Bjorklund 600.00

Buffalo Clinic 266.75

Buffalo Hospital 399.00

Catholic Charities 8688.11

Central Lock & Safe 368.79

Clearwater Township 385.75

Comm. of Transportation 10863.99

Construction Bulletin 264.60

Copy Equipment Inc 139.53

Randal Desmarais 157.17

Duerrs Water Care Service 678.41

Fall Maintenance Expo 110.00

Gateway 2000 2962.00

H&R Const Co 16366.75

Healthspan Transportation 300.00

Institute for Forensic Psych 650.00

Judy Jacobsen-Dewitte 2503.56

Koch Materials Co 821.60

Maple Lake Township 695.95

The Marketplace 722.74

The Metro Group Inc 2779.22

Middleville Township 744.25

Minn Blue Digital-A 130.83

MN County Attorneys Ass'n 224.50

City Montrose 917.50

National Propane Corp 234.09

Olsen Chain & Cable Co Inc 206.61

Steve Philbrook 589.12

Reedsburg Hrdwe Co 2838.22

Rockford State Bank 200.00

Royal Tire-St Cloud 3793.62

Sherry Schliesing 343.17

City South Haven 299.05

City St. Michael 2409.10

Michael Straub 2421.65

Tools Unlimited 853.40

Traffic Marking Service Inc 35907.61

The Travel Gallery 841.00

Twin Cities Mack Sales & Srvcs 223.85

University of Minnesota 175.00

City Waverly 836.17

Wright County Highway Dept 16840.68

Xerox Corporation 297.12

Airtouch Cellular 692.42

Albion Township 754.50

American Institutional Supply 233.11

Association of Minnesota Ctys 1520.00

AT&T Wireless Services 281.07

Becklund Home Health Care 761.00

Bowman Distribution 227.01

Buffalo Emergency Physicians 149.50

Buffalo Township 557.05

Central Glass 695.82

Chamberlain Oil Co 701.20

City Clearwater 657.75

Conoco 110.17

Contech Construction Product 8878.24

Crow River Industrial Coatings 830.70

Domestic Abuse Intervention Pr 100.00

John Dziuk 1023.30

French Lake Township 463.00

Glenwood Bridge Inc 158238.68

City Hanover 512.46

Hillyard Floor Care Supply 263.27

Interstate Battery System 544.85

Kieger Enterprises Inc 60245.96

Major Appliance Repair 243.93

Marco Business Products, Inc 302.46

Tom McAlpine 218.23

Mid-Minnesota Hot Mix Inc 1485.80

Midwest Contracting 169095.77

Minnesota Copy Systems 324.60

MN Weights and Measurers 190.00

Tracy Morris 249.55

Office Depot 1247.30

Omann Brothers Inc 844.65

RDO Equipment Co 801.38

Reentry Services Inc 154.35

Rockford Township 1148.65

Robert Schermann 454.54

Silver Creek Township 760.00

Sprint Local Telecommunication 158.14

Stratus Computer Inc 1770.00

Terminal Supply Co 434.62

Total Printing 340.80

Transcor America Inc 1433.16

Trueman Welters, Inc. 5042.84

Uniforms Unlimited, Inc 247.35

Vista Inc 171.35

Westside Equipment 282.67

Wright Hennepin Electric 2295.71

Ziegler Inc 3555.66

70 payments less than 3,801.21

Final Total $563,076.27

The meeting adjourned at 10:10 A.M.

Dick Mattson, Chairperson

ATTEST:

Richard W. Norman

County Coordinator


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