Wright County Board Minutes

NOV. 14, 2000

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

Eichelberg moved to approve the minutes of 11-7-00 as presented, seconded by Russek, carried unanimously.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #3, "Joint Ditch 15 Brush Control Proposal" (Gruber); Item For Consid. #8, "Set Labor Management Loss Control Committee Meeting" (Gruber); Item For Consid. #9, "Thank You" (Jude). Brian Asleson, Assistant County Attorney, requested that the Board recess into a closed session at 10:30 A.M. for a conference call with John Baker Re: Superior Litigation. Jude moved to approve the Agenda as amended, seconded by Eichelberg, carried 5-0.

The Consent Agenda was reviewed. The following items were removed for discussion: Item C1, "Planning & Zoning: Accept Recommendation From Planning Commission To Establish A P.U.D. Zone As Requested By S.E. Held (Buffalo Township)" (Jude); Item B1, "Parks: Authorize Purchase, Water Heater & Water Softener, Collinwood Park Comfort Station, As Per Contract" (Norman). On a motion by Jude, second by Eichelberg, all voted to approve the remainder of the Consent Agenda as follows:

A. ADMINISTRATION

1. Performance Appraisals: B. Rhineberger, P&Z; M. Gardner, Recorder.

2. Schedule Labor/Management Health Insurance Committee Meeting For 12-11-00 @ 9:30 A.M.

3. 3rd Quarter Training Reports.

D. SHERIFF

1. Schedule Detention Facility Committee Meeting To Discuss Jail Intercom System.

Item B1, "Parks: Authorize Purchase, Water Heater & Water Softener, Collinwood Park Comfort Station, As Per Contract" was discussed. Marc Mattice, Parks Administrator, said the bid contract called for the County to purchase the water heater and water softener. After discussion of where the equipment should be funded from, Jude moved to authorize the Parks Department to overrun in the Site Improvements line item by $6000 for the purchase of the water softener and water heater for Collinwood Park Comfort Station. The motion was seconded by Eichelberg and carried 5-0.

Mattice presented two examples of safety jackets which will be purchased for Public Works staff subsequent to the Safety Jacket Policy being approved. The jackets meet all OSHA and Mn/DOT Regulations and will carry the Wright County logo on the front of the jacket. The jackets will be purchased from Mountain Stream Sports & Apparel. The cost of the jackets is as follows: $88.00 (L/XL), $95.00 (XXL), and $102 (XXXL). This was provided as an informational item.

Item C1, "Planning & Zoning: Accept Recommendation From Planning Commission To Establish A P.U.D. Zone As Requested By S.E. Held (Buffalo Township)" was discussed. Jude said he did not have a problem with approval of the P.U.D. but was concerned with those who may purchase the property.

He suggested that the abstract reflect that the property is in close proximity to an existing landfill and an old landfill cell. Jude moved to approve the request to accept the recommendation from the Planning Commission to establish a P.U.D. Zone as requested by S.E. Held (Buffalo Township) and to direct the offices of Planning & Zoning and Attorney to work out language on the abstract so people will know that the property is in close proximity to the landfill. The motion was seconded by Russek.

Russek stated that the Planning Commission may consider various options such as requesting sealed jackets on all wells when the plat is approved. Sawatzke questioned Jude's concern with the long term environmental impacts of the landfill, as he felt that Jude had not expressed this concern in the past.

Jude responded that his concern was that prospective landowners are made aware of the landfill's location so they can form their own decision. Asleson said that it was unclear without research whether the Board would have the authority to do this under the platting process. The motion and second were amended to have this researched and if there is authority to do so, the action would be authorized. The motion carried 5-0.

Doug Gruber, Auditor/Treasurer, requested approval of a plat, "Wildlife Run" (Rockford Township). On a motion by Russek, seconded by Sawatzke, all voted to approve a plat, "WILDLIFE RUN," as submitted by The Forest of RCJ, Inc., a Minnesota corporation, fee owner and Betsy L. Swenson, a single person, mortgagee of the following property described in part as: Those parts of Sec. 23, Twp. 119, Rge. 25 described as follows:

All that part of the W1/2 of the SE1/2 lying north of Co. Rd. 115; The SE1/4 of the NW1/4 and SW1/4 of the NE1/4 thereof, except the 100 foot r-o-w and railroad line; with all outstanding taxes including green acre liability, if any, having been paid; the park fee has been paid (#80002); the road has been accepted by the township; and a letter from S. Todd Rapp, the developer's attorney and a parallel letter from Tony Ellestad, surveyor, have been reviewed by Thomas C. Zins, Assistant Wright County Attorney, who finds said plat to be acceptable for recording.

Gruber distributed a proposal for brush control for Jt. Ditch 15. The proposal, which is not to exceed $3200 is from Brian Johnson, Ag Enterprises. Phase 1 ($2200) involves an application this Fall and Phase 2 ($1000) will be a reapplication in the Spring. Treatment would be administered in the three areas which have been cleaned out thus far, outlined in the material Gruber distributed. The proposal exceeds the $3000 maximum set forth by the Jt. Ditch Committee. Jude moved to approve the proposal with the understanding that the Auditor/Treasurer will contact the Jt. Ditch Committee members for approval of the quote up to $3200. The motion was seconded by Russek and carried 5-0.

The claims listing was reviewed. Russek referenced page 8, Office Depot ($159.75) for lodging. Gruber will research this claim. Russek moved to approve the claims as listed in the abstract, subject to audit, and to direct Gruber to research the Office Depot claim.

The motion was seconded by Eichelberg. In response to a question on the expenses related to running the Lake Charlotte/Lake Martha public hearing ads, it was clarified that these costs are being tracked and charged against the $200 submitted by the Lake Association to cover such costs. Mattson questioned a claim on page 10, Best Inc. ($3,578.09) for Jail food service for a one-week period. He compared that to a claim on page 10, Benton County Treasurer ($7,350.00) for boarding 13 inmates for 147 days.

Mattson felt the cost to board prisoners in Benton County looked desirable in comparison to what is expended for Jail services. Sawatzke questioned Capt. Gary Torfin on the purchase of two vehicles from Country Chevrolet ($23,894.07). Capt. Torfin responded that he understood these were additional vehicles for the Sheriff's department and would be used for investigations. The motion carried 5-0.

At 9:30 A.M., the Public Hearing to consider the Solid Waste Debt Service Charge for 2001 was held. Asleson stated that the Auditor's Office does not have the final figures on assessments and requested that the resolution be referred to the next County Board meeting. The service charge is to cover the debt service for the Compost Facility. In past years, each homeowner and business has been assessed approximately $40/year toward paying off this debt service.

Ordinance requires a Public Hearing before that fee is established. Jude stated that while campaigning, he received public comment in support of utilizing the facility and felt this should be researched. Russek moved to close the Public Hearing at 9:32 A.M., seconded by Eichelberg, carried 5-0. On a motion by Sawatzke, second by Russek, all voted to lay the resolution over for one week in order to obtain assessment data from the Auditor's Office.

Asleson distributed a revised resolution relating to the formation of a Subordinate Sewer District (SSD) for Lake Charlotte and Lake Martha. The revisions included a map of the proposed boundary lines of the district and the reference to "Exhibit I" instead of "Exhibit A" in Item 3. A Public Hearing was held on 10-30-00.

Changes to the proposed boundaries since that time include an adjustment on the Eastern edge boundary allowing a landowner to include both their parcels in the district (instead of only one parcel). Asleson mailed the draft resolution and map to those within the proposed district and did not receive comment back on the boundaries. Statutes require that the resolution contain the following: 1) Establishment of boundaries; 2) Type of service provided; 3) How the service will be financed; and 4) What County agency will be responsible for supervising the provision of that service.

Jude questioned whether Item 6 of the draft precludes the Board from handing the project over to an elected board or Rockford Township. He supported formation of the district but did not want the County to be locked into administration of it. Asleson responded that the County is creating a district and setting the road map for the project. Statutes do not provide for an elected Board but an advisory board could be appointed.

At this point, the Township has not indicated that they would be interested in an Agreement. Sawatzke felt the County had the staff and expertise to make it logical to be involved. Discussion followed on setting a precedence for other similar requests. Asleson added that adopting the resolution would not preclude the County from allowing the Township to become involved at a future date. Statutes provide for both the County and the Township to establish a SSD but does not address transfer between the two.

The Joint Powers Statute does allow for this type of activity and encourages cooperation between governmental units. Jude requested the record reflect that adoption of the resolution does not tie the County to the project. Sawatzke referenced the repayment schedule of 20 years and inquired whether a person would be allowed to pay it off earlier. Asleson said this would be provided for in Item 3.

Scott Baloun, resident, said he owned approximately 9 acres and spoke at the 10-30-00 Public Hearing requesting that his property be placed into Phase II of the project. Baloun estimated Phase I assessments for his property at $27,000-$30,000. Asleson spoke with another resident who requested that all of their lots be included in Phase I. Asleson will keep track of these requests and recommended that the Board address them all at one time, as the total number of those assessed will affect the service charge each person pays. He anticipated this to be addressed early in 2001 when the project moves forward.

Earl Dixon, resident in the northern boundary of Rockford Township, said two-thirds of his land was included in the project. He requested that the remaining area (approximately 15 acres) be included. The consensus of the Board was that there is a certain capacity for the system and moving of the district lines could create problems with that capacity. In addition, the SSD is not being formed to promote growth. Asleson indicated that the Board does have the ability to expand the boundaries of the SSD. By petition, residents could request that the boundaries be changed.

The process would be similar to that for creating a district and would require a public hearing. Sawatzke moved to adopt Resolution #00-49 , seconded by Russek. Darrell Marschel is included in Phase II of the project. He wanted clarification of when the assessments would be due. Response was that Phase II would not be due until the area is developed. However, a higher rate would be assessed due to inflation.

Relating to capacity of the system, the consensus of the Board was that hookup in Phase II would be on a first come, first served basis. If a lot was not designated in the project, it would have to follow the guidelines of the County Ordinance. The motion carried 5-0 on a roll call vote. A copy of the map is available at the County Coordinator's Office.

RESOLUTION 00-49

WHEREAS, the public health and safety of persons and property within the immediate area surrounding Lake Charlotte and Lake Martha and the quality of the waters of these two lakes are threatened by failing private on-site septic systems; and

WHEREAS, in many cases, there is a lack of suitable land area for replacement of these private on-site septic systems, and reliance on holding tank pumping and disposal is expensive and inadequate; and

WHEREAS, the public health and safety of persons and property in the areas of these two lakes, as well as the quality of the waters of the two lakes, will be benefitted by the availability of municipal sanitary sewer service; and

WHEREAS, Minnesota Statutes Chapter 375B provides authority for a County Board of Commissioners to establish a Subordinate Service District for the purpose of providing governmental service to a particular area and to finance the provision of that service from revenues collected within that district; and

WHEREAS, the City of St. Michael has indicated that sanitary sewer service will be available to the immediate vicinity of these two lakes in summer of 2001, and has further indicated that the trunk sewer lines serving this area would have the capacity to serve approximately 235 residential equivalent units in a Subordinate Service District; and

WHEREAS, the Wright County Board of Commissioners held a public hearing on October 30, 2000, on the question of whether or not a Subordinate Service District should be established; and

WHEREAS, there appears to be significant support among the landowners within the proposed district for creation of a Subordinate Service District;

NOW, THEREFORE, BE IT RESOLVED by the Wright County Board of Commissioners, as follows:

1. That a Subordinate Service District shall be established pursuant to Minnesota Statutes §375B.04.

2. That the District shall be hereinafter referred to as the Lake Charlotte/Lake Martha Sanitary Sewer District (CMSSD).

3. That the territory to be included within the CMSSD shall be areas within Sections 5 and 6 of Rockford Township, as shown on the map attached hereto as Exhibit I.

4. That the type of service to be provided or undertaken within the District is a sanitary sewer collection system consisting of lateral force mains, individual service lines, and individual pumping stations. Further, that this system would eventually result in the sewage being treated at the City of St. Michael Waste Water Treatment Facility.

5. That the sanitary sewer service provided to the District will be financed by service charges against the users of the service within the District. It is anticipated that the project costs for the initial installation of the service will be assessed against properties and that property owners will have a repayment period of 20 years, with an annual interest rate to be determined by the County Board. Monthly service charges for ongoing use of the system would also be collected.

6. That the provision of the service shall be supervised by the engineering firm of MFRA, Inc. (project installation) and by the City of St. Michael and/or its designee (ongoing service and maintenance). It is anticipated that the provision of these services will be accomplished through a Joint Powers Agreement and other contractual means.

Referred from the last meeting, the Board discussed the GRRL Board of Trustees appointment. The term of Brian Bruns expires on 12-31-00. Bruns was recently elected to the Annandale School Board and has indicated to Jude that he does not want to be reappointed to the GRRL Board of Trustees. It was the consensus that names of prospective appointees be brought forth at a future meeting. Jude will contact Bruns to have a resignation letter submitted. Jude moved to lay the GRRL Board Of Trustees appointment over for up to one month, seconded by Sawatzke, carried 5-0.

Correspondence was received from AMC relating to the AMC Annual Conference and confirmation of designated Voting Delegates. On a motion by Russek, second by Jude, all voted to approve the AMC Voting Delegates as follows: Douglas Gruber, Richard Mattson, Ken Jude, Pat Sawatzke, Elmer Eichelberg, John Russek, Richard Norman and Wayne Fingalson.

Pat Melvin, Special Projects Administrator, said in the past the Historical Society has been covered under County's insurance through MCIT. MCIT is in the process of removing the Historical Society from the County's coverages and covering them separately with their own MCIT Coverage Document.

Discussion followed on items which could not be replaced due to historical value and whether higher insurance coverage should be placed upon more valuable items. The main Historical Society building is fully insured. Richard Norman, County Coordinator, recommended that some of the buildings which cannot be replaced due to historical value not be included in the property coverage portion. On a motion by Russek, second by Sawatzke, all voted to lay this issue over for one week.

Melvin said that MCIT has concerns with the County not carry a Public Employee Dishonesty Bond. Of the 21 counties MCIT works with, Wright County is the only one that does not carry this coverage. Quotes received are for a three-year prepaid period and range in limits from $50,000 to $100,000 per occurrence. Norman's recommendation was to purchase a Public Employee Blanket Bond with Faithful Performance with a $100,000 limit. The cost for three years of coverage is $3,924. Jude moved to accept the recommendation, seconded by Sawatzke, carried 5-0.

On a motion by Sawatzke, second by Eichelberg, all voted to approve the Budget Committee Of The Whole Minutes for 9-19-00 and 10-10-00 and to schedule a Public Hearing on the Revised Fee For Service Schedule for 12-12-00 at 9:30 A.M.

Jude moved to adopt Resolution #00-50 authorizing final payment ($20,463.75) to Bauerly Bros. Inc for Contract 9901 & approval of the Resolution of Final Acceptance. The motion was seconded by Russek and carried 5-0 on a roll call vote.

Eichelberg moved to adopt Resolution #00-51 authorizing final payment ($19,381.68) to Bauerly Bros. Inc. for Contract 9903 and approval of the Resolution of Final Acceptance. The motion was seconded by Jude and carried 5-0 on a roll call vote.

Eichelberg moved to schedule a Labor/Management Loss Control Committee meeting for 11-28-00 at 10:30 A.M., seconded by Russek, carried 5-0.

Jude extended thanks to those who assisted with the car accident involving members of his family.

The meeting recessed into Closed Session at 10:29 A.M.

Bills Approved

All State Communications 15000.00

Ancom Technical Center 1287.75

Annandale Advocate 259.98

B & D Plumbing and Heating 701.00

Joe Backes 379.60

Barton Sand & Gravel Co 438.79

Bauerly Brothers Companies 242263.00

Benton County Treasurer 7350.00

Best Inc 3578.09

Brief Printer Inc 608.30

Buffalo Bituminous 2118.32

Buffalo Clinic 309.00

City Buffalo 779.31

CDW Government Inc 408.90

Climate Air 8899.77

Country Chevrolet 23894.07

Crow River Tools 250.33

Daffinson Asphalt 66800.00

Delano Eagle 255.12

Deluxe Business Forms & Suppli 125.47

Election Systems & Software Inc 908.11

Enterprise & Dispatch 222.10

Freestyle Sales Company, Inc 279.00

G & K Services 1347.85

Raymond Glunz 240.00

Governement Training Service 585.00

W Grainger Inc 187.69

Greenside Up 287.14

Greenview Inc 2880.22

Douglas Gruber 172.05

H & H Sport Shop 145.43

City Hanover 1048.60

Hardings Towqing 159.75

Hillyard Floor Care Supply 676.71

Hirshfields Decorating Center 278.11

Holiday 1428.50

Interstate Automotive 1029.89

JLM Telecommunications 100.00

Jonstons Fargo Culvert Inc 6561.89

Lake Region Coop Oil 500.68

Lakedale Telephone Company 396.69

Michael Laurent 168.75

Loberg Plumbing & Heating Co 1126.99

Frank Madden & Associates 1503.15

Marco Business Products 2003.39

Marks Standard Parts 275.45

Masys Corporation 225.00

Roger Mattila 282.86

Menards 3828.45

The Metro Group 1920.20

Middleville Township 1318.00

Minnesota Chemical Company 728.78

MN Counties Computer Co-Op 1000.00

MN Counties Ins Trust 743.42

Mobile Vision 217.00

Monticello Times 453.67

Monticello Township 1414.80

MTI Distributing Inc 1300.95

Margaret Munson 142.68

Office Depot 1414.72

Oryans Conoco 110.00

Anne Parker 177.13

Performance Office Papers 1345.83

Dave Peterson Monticello Ford 1097.68

Phillips Petroleum Company 591.37

Photo I 666.10

Quality Parts Co 496.30

Qwest 519.07

Reliant Energy Minnegasco 314.43

City Rockford 1930.30

State of MN Intertech Group 431.35

Successories Inc 818.74

Total Printing 600.67

Uniforms Ulimited 967.79

Verizon Wireless 1495.92

Voss Lighting 263.45

Waco Scaffolding 392.45

Walmart Store 01-1577 186.91

Waste Management TC West 587.16

Winsted Publishing Inc 1048.69

Wright County Highway Dept. 24957.59

Wright County Journal Press 465.92

Wright Hennepin Electric 274.10

Wright Lumber & Millwork Inc 219.97

Ziegler Cat 4851.08

43 payments less than $100 1,968.51

FINAL TOTAL $461,988.98

County Board Chair Mattson adjourned the meeting at 11:00 A.M.

ATTEST: Richard Norman, County Coordinator


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