Wright County Board Minutes

NOVEMBER 10, 1998

The Wright County Board met in regular session at 9:00 A.M. with Russek, Mattson and Sawatzke present. Rose and Jude were absent. Darla Groshens, Auditor/Treasurer, called the meeting to order due to the absence of the Chair and the Vice Chair. Mattson moved to have Sawatzke serve as Chairperson for today's meeting, seconded by Russek, carried 3-0.

The minutes of 11-3-98 were corrected as follows: page 1, 6th paragraph, last sentence changed to read, "Groshens will submit a resolution to adopt the amendments, as provided by the County Attorney, for approval at the November 3, 1998 Board Meeting" (Groshens); Page 2, 6th paragraph, 5th sentence was changed to read, "Sawatzke stated that one year ago, the criteria had been established that a livable wage was required per hour plus benefits" (Sawatzke). Motion to approve the minutes as corrected was made by Russek, seconded by Mattson, carried unanimously.

Petitions were accepted to the Agenda as follows: Item For Consideration #6, "Reschedule Transportation Committee Of The Whole Meeting scheduled for 11-17-98 at 1:30 P.M." (Norman). Mattson moved to approve the Agenda as amended, seconded by Russek, carried 3-0.

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

A. ADMINISTRATION

1. Performance Appraisals: A. Duerr, Aud./Treas.; K. Stueven, P&Z.

2. Distribute MCIT's 1997 Report To Members.

3. Claim, MCIT, $617.50.

4. O/T Report, Period Ending 11-6-98.

5. Claim, Briggs & Morgan, $9,950.53.

6. Sentence To Service Quarterly Report.

7. MN Dept. of Employee Relations, Notice of Compliance with Local Government Pay Equity Act.

B. ATTORNEY

1. Authorization to advertise for two Attorneys (one replacement & one new position) and one Legal Secretary starting 1-3-99 or later.

C. AUDITOR/TREASURER

1. Claim, $14,000.00, Riverside Bank & Jeff Peterson (Econ. Dev. Partnership).

2. Claim, $15,000.00, Buffalo National Bank & David Nordschow (Econ. Dev. Partnership).

3. Claim, $5,138.63, Briggs & Morgan, (Bond Counsel-GO Cap. Imp. Bonds 98A-Fund 34).

4. Claim, $1,200.20, Eull's Mfg. Co., Inc. (Park Stops-HS Bldg.-Fund 34).

5. Claim, $3,150.00, Scott Builders (Oct. Consulting-Fund 34).

D. HIGHWAY

1. Authorize Hire, Doug Kotila, Highway Maintenance Person, Eff. 11-12-98, Step 1.

E. PLANNING & ZONING

1. Approve a Planned Unit Development, Dave & Joy Carlson (Corinna Twp.).

F. RECORDER

1. Request to Hire New 1999 Clerk Position in December, 1998.

2. Acknowledge Appointment, Christine Johnson, Clerk, Eff. 11-12-98.

G. SHERIFF

1. Change Status, Leona Henson From Half-Time to Full-Time Eff. 11-14-98 to Fill Vacancy of S. Okronglis and Authorize Replacement.

2. Acknowledge Appointment, Derek Randall, Deputy Sheriff, Eff. 11-9-98.

3. Acknowledge Resignation, Scott McCarty, Corrections Officer, Eff. 11-16-98, and Authorize Replacement. Judge Gary Meyer extended thanks to the Board for their decision to approve the upgrade of the PA Systems in Courtrooms 3 and 4. The upgrade meets ADA standards and assists those with hearing problems.

As requested by Groshens, Russek moved to approve the 1999 Special Assessment Levy for Joint Ditch 4 in the amount of $3,568.79, seconded by Mattson, carried 3-0.

On a motion by Mattson, second by Russek, all voted to set December 22, 1998 at 4:30 P.M. as the last day to submit claims for 1998.

Russek moved to schedule the bid opening for the legal newspaper for 1999 for 12-22-98 at 9:05 a.m. Motion carried 3-0 on a second by Mattson.

Groshens distributed the October Revenue/Expenditure Guidelines for review and approval at the next meeting.

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

A Building Committee Of The Whole Meeting was held on 11-3-98. A summary of the minutes follows.

Modification to PA System in Courtrooms 3 & 4: The consensus was to approve the upgrade at a total cost of $3,534 including tax (as quoted by EPA) with funding from Site Improvement.

Project Update: Total project costs to date are as follows: Human Services contracted cost was $701,100 and with Change Order HS5, the total is currently $744,008. The Public Works base contract was $662,333, and with PW3 the total is currently $660,630.49. The substantial completion date of 12-10-98 will not be met partially due to mechanical. It was requested that Engel inform the contractor that the County's expectation is for the punch list to be completed by November 15th, with the exception of the main entrance doors, with notice of intent to hire someone else and deduct from the contractor if not completed by that date. Engel received a letter from KUE to replace two contractors for plumbing and heating. Engel was direct to meet with the County Attorney's Office to send a letter to KUE to protect against future claims with reference to Kluver. Engel and Norman will both send letters to KUE referencing past work delays and that continuing delays are unacceptable. A copy of the KUE's letter which stated that the 120-day completion time line was not a problem will be attached to Norman s letter. Committee consensus was for Engel to issue a proposal request for a price for a second circulating pump to the boiler as a backup. The Committee discussed other issues including additional items to be added to the HSC punch list, that the well at PW will be held until Spring, and responsibility of outstanding back charges. All tests received back from Braun have been in compliance for concrete, steel and masonry specifications. The second compressor for the pneumatic system will be put in.

Voice/Data Update: Vendors reviewed the project and are ready to proceed with the anticipated mid-November date. The City of Buffalo will bring fiber directly to the voice/data room. Swing was authorized to install 30-40 feet of conduit which is not included in the contract.

Other: Discussion involved the time line of roofing the PW building.

At today's meeting, Russek moved to accept the minutes, seconded by Mattson, carried 3-0.

A Communications Committee Meeting was held on 11-4-98:

Renewal Of Phone System Maintenance Contracts. Swing presented the contract renewal figures from Collins Communication. The rates are down from the previous year because the new equipment is on a one year warranty. Recommendation: Approve the proposed contract amounts. Swing will seek a second year proposal from Collins.

Call Accounting system Upgrade: Swing gave an update. Back on October 14, 1997, the County Board approved the Committee's recommendation to purchase new equipment. A call accounting system was included in the bid process. The system allows monitoring of calls by who initiated the call, date, time, and destination. He stated that he will be presenting a proposal for a new E-Mail system in the near future. Discussion then took place on an issue that was brought to Frazier's attention by employees from a Unit in Human Services. Current policy was reviewed. Since the Supervisor and Department Head were not in attendance it was decided not to discuss the issue further at this meeting. Norman recommended if the Board wished to discussion administration of the policy with the Supervisor and Department Head it could be referred to the Personnel or Ways & Means Committee.

At today's meeting, Russek moved to accept the minutes and recommendations. Motion carried 3-0 on a second by Mattson.

Judge Dale Mossey has been asked by the Tenth Judicial District to form a Wright County Court Security Committee to review the existing level of security and to make recommendations for security enhancements. In correspondence directed to the Board, Judge Mossey requests that the County Board appoint a member to serve on the Committee. The first meeting will be held on 11-12-98 at 9:00 A.M. Russek moved to appoint Mattson to the Committee and requested that Richard Norman, County Coordinator, attend as well when appropriate. The motion was seconded by Mattson and carried 3-0.

Brian Asleson, Assistant County Attorney, provided an update on a public health nuisance in the City of Clearwater. On 10-13-98, the County Board issued an Order requiring the owners to abate and remove the nuisance on their property. Asleson was contacted by Wally Houle, Clearwater, who has a purchase agreement for the property. The closing is scheduled on or before 11-25-98. Houle's request is that the County take no further action at this time. Asleson stated the County could either consider Houle's request and let him clean up the property, or the County could expend tax dollars and assess them back to the property. Asleson said the Clearwater City Attorney and City Clerk would be agreeable to Houle's request. No County tax dollars have been expended to date with the exception of staff time. He was unsure whether the 2nd half of the 1998 taxes had been paid, but all prior tax payments are up to date. Russek moved to direct Asleson to send a letter to Houle stating that the Board will approve his request providing that the interior is cleaned within 60 days and the exterior is cleaned up within six months. The letter should further state that if Houle has trouble meeting the deadline that he should advise the Board. Motion carried 3-0 on a second by Mattson.

Litigation between Mike & Carol Krey and Wright County over tax forfeit property in the City of Waverly is scheduled for trial in February 1999. The property went tax forfeit in 1996. In 1997, the Kreys attempted to repurchase the property but were turned down by the County Board. The parties are considering settlement of the lawsuit under a scenario where the County would rescind the forfeiture, allow the Kreys to repay all delinquent taxes, penalties and interest, and have the Kreys convey the property to a third party. A copy of a signed purchase agreement between Kreys and a third party was provided. Asleson sought Board approval of the concept so he could present it to the City of Waverly at their Council Meeting this evening. The first step would then be cancellation of the forfeiture. As part of the cancellation, Krey would be required to pay back taxes in the amount of $15,000 to $16,000. The second step would require Krey to sell the property to a third party. Asleson said the potential buyers would like to seek abatement of some of the outstanding taxes. Asleson said he was not asking the Board to consider the abatement request today. The statutory limitations are such that the County Board is able to abate taxes for the current year plus potentially two years prior. In this situation, the tax statements for 1997 and 1998 were not sent to Krey as it was considered a State property. Even if the lawsuit was judged in the County's favor, those years taxes would not be collected.

Sawatzke questioned why the potential buyers would ask for abatement of taxes if Krey were willing to pay all delinquent taxes. Asleson stated that the purchase agreement is written to include payment of all taxes, penalties and interest. Any abatements that the County may grant would reduce the purchase price and those dollars would be used toward rehabilitation of the building. Krey would receive the same amount for the property in either circumstance. Sawatzke felt that if an abatement were granted, that the amount should be reduced from Krey's profit. Mattson moved to approve the concept of the settlement which possibly would involve cancellation of the forfeiture and for the property to be conveyed to a third party. The motion does not include abatement of taxes. Motion seconded by Russek, carried 3-0.

Mattson moved to adopt Resolution #98-57, which is a Resolution of Final Acceptance authorizing final payment ($66,393.33) to Buffalo Bituminous for Contract 9706. Russek seconded the motion, carried 3-0 on a roll call vote.

Russek moved to adopt Resolution #98-58, which is a Resolution of Final Acceptance authorizing final payment ($2,979.00) to Landwehr Construction for Contract 9712, seconded by Mattson, carried 3-0 on a roll call vote.

On a motion by Mattson, second by Russek, roll call vote carried 3-0 to adopt Resolution #98-59 accepting State of Minnesota Grant Funds in the amount of $4,267.12. The funds were awarded to the Veterans Service Office to purchase a laptop computer with the Veterans Program, as well as subscriptions to the County Newspapers, and a set of State Statutes.

A Transportation Committee Of The Whole Meeting was scheduled for 11-17-98 at 1:30 P.M. At the request of the Highway Engineer, Russek moved to reschedule the meeting for 11-24-98 at 1:30 P.M. Motion carried 3-0 on a second by Mattson.

The meeting recessed at 9:49 A.M. and reconvened at 9:55 A.M.

Asleson provided copies of two proposed amendments to the Supportive Care to the Frail, Elderly or Disabled Ordinance. The Ordinance allows placement of a mobile home or modular housing on a parcel where it otherwise could not be located to allow for care of family members who may otherwise be institutionalized. The consensus of the Ways & Means Committee was to proceed with the amendments. Statute requires a majority vote by the County Board. Asleson said the vote needs to pass 3-0 or it could be considered by the full Board at a future meeting. The proposed amendments are as follows:

1. Amend Subdivision 2 of the Ordinance (new text underlined) so it reads:

Subdivision 2. (Conditional Use) Notwithstanding the provisions of any law to the contrary, the Wright County Board of Commissioners may authorize the temporary placement of a mobile home, as defined by the Wright County Zoning Ordinance, upon any parcel within the unincorporated areas of Wright County, except in the R-1 zone, for the use and habitation of persons found to meet the eligibility factors set forth by this Ordinance.

2. Amend Subdivision 6 of the Ordinance (new text underlined; deleted text stricken) to include an additional paragraph:

Subdivision 6 (Consideration by the Board of Commissioners)

iv. The Wright County Board of Commissioners shall grant approval allowing the temporary placement of a structure under this Ordinance only if:

a. The Board finds that there is a medical need and that placement of a temporary structure is the only viable alternative to institutionalization of a frail, elderly or disabled person; and

b. The Board finds that the proposed structure and its placement meet the requirements set out in Subdivision 5 ii; and

c. The Board finds that placement of a temporary structure will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor will it substantially diminish and impair property values within the immediate vicinity.

Sawatzke stated the proposed amendments would be an improvement to the current Ordinance, but he would like to have the R-2 zone (2.5 acres) excluded as well. He did not feel it would be appropriate to place a mobile home in platted residential areas with lot sizes of 2.5 acres. Russek responded that all requests come to the County Board for approval and that placements of mobile homes in R-2 areas could be reviewed as they were presented. Russek moved to approve the amendments to the Ordinance as presented, seconded by Mattson, carried 3-0.

Bills Approved

Airtouch Cellular Bellevue 1315.97

American Institutional Supply 177.07

Briggs & Morgan 5138.63

Chamberlain Oil Co 120.13

Crow River Tools 1085.02

Duerrs Water Care Service 678.41

Emergitek Inc 3383.16

Enterprise & Dispatch 125.40

Tom Feddema 309.18

Dale Gapinski 768.00

Gateway 2000 3531.55

Granite Electronics 415.90

Interstate Battery System 289.47

Larson Publications Inc 269.80

Maple Lake Messenger 103.57

Marks Standard Parts 2656.64

Mid-Minnesota Hot Mix Inc 14699.30

Minnegasco 1686.89

MN Sheriffs Association 250.00

Monticello Times 415.86

Omann Brothers Inc 228.98

Photo I 616.84

Research & Information Technol 112.09

Robert Schermann 588.17

Sprint 161.45

Trimin Systems Inc 2279.25

Carol Vander Kooi 5165.27

Winsted Publishing Inc 1355.46

Wright County Journal Press 137.44

Ximage Corporation 125.00

C Alexander Systems Inc 223.60

ArtDirections 507.50

City Buffalo 30012.40

Commissioner of Transportation 3750.00

DLT Solutions 1185.00

Election Systems & Software In 885.86

Dale Engel 129.89

Roland Eull 1200.20

Functional Industries 654.50

Richard Gapinski 768.00

GE Capital Info Tech Solutions 16887.60

Hillyard Floor Care Supply 520.25

Kindal Buick-Pontiac-GMC Truck 150.00

Kimberly LeClaire 696.60

Marco Business Products 552.20

Richard Mattson 102.73

Midland Corporate Benefits Svc 393.25

Minnesota Chemical Company 170.65

MN State Auditor 15149.95

Office Depot 795.31

Pagenet 504.89

Precision Prints of Wright Co 131.42

Roche Diagnostic Systems 195.00

Scott Builders Inc 3150.00

Total Printing 133.13

Uniforms Unlimited 508.64

West Publishing Company 160.18

Wright County Highway Dept. 16998.56

Xerox Corporation 538.89

38 payments less than $100 3,218.10

Final Total $148,464.20

The meeting adjourned at 10:02 A.M.

Judie Rose, Chairperson

ATTEST: Richard W. Norman, County Coordinator


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