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1998-06-02 Approval for Work WC Ditch No. 9 ~~TV C)~ ,...(J()~, "',\ I~Z '1 iI:'~ I: "'-2..- ,0 '7 -4Y WRIGHT COUNTY Office of County Attorney 1856 Wyman A. Nelson County Attorney Wright County Government Center 10 2nd Street N. w., Room 150 Buffalo, Minnesota 55313-1189 Phone: (612) 682-7340 Toll Free: 1-800-362.3667 Fax: (612) 682-7700 Assistants Anne L. Mohaupt Thomas C. Zins Terry Frazier Kathleen A. Mottl Scott M. Sandberg Mark A. Erickson Thomas N. Kelly Chief. Criminal Division Brian J. Asleson Chief. Civil Division Victim/ Witness Assistance Coordinator Barbara S. Johnson June 2, 1998 Mr. Donald Jensen Land Development Director Pilot Land Development Company 13736 Johnson St. NE Ham Lake, MN 55304 Re: Approval for Work in Wright County Ditch No.9 Dear Mr. Jensen: Enclosed please find a copy of the minutes from the meeting of the Wright County Board of Commissioners held on March 24, 1998. At that meeting, approval was given to Pilot Land Development for the work it proposed in cleaning out County Ditch No.9. Details of the approval are contained within the minutes. I apologize for the delay in getting these out to you. At this point, I do not plan on drafting any further agreement or memorandum of understanding between the County and Pilot, since I think the minutes speak for themselves. For your information, I have also included a copy of the Joint Powers Agreement between Wright County and the City of Albertville relative to maintenance ofthe ditch within the City of Albertville. If you do have any further questions or concerns regarding County Ditch No.9, please feel free to contact me. Very truly yours, Brian J. Asles Assistant County Attorney BJA:dls Enc. cc: Daria Groshens Kerry Saxton Scott Dahlke Ernie Peake, Esq. Mike Couri, Esq. Dave Lund, Albertville City Administrator Bob Derus, St. Michael Administrator Pete Carlson Larry Kramka, DNR Area Hydrologist Blind P.S. Dave Lund: I have included a signed original of the joint powers agreement between the City and the County. Thanks for your cooperation in connection with this. BJA APPROVED 3-31-98 WRIGHT COUNTY BOARD MINUTES MARCH 24, 1998 The Wright COWlty Board met in regular session at 9:00 AM. with Rose, Mattson, Jude, and Sawatzke present. Commissioner Russek was absent. DarIa Groshens, Auditorffreasurer, made two corrections to the 3-17 -98 COWlty Board Minutes: Page 1, 6th paragraph, 1 st sentence should read "Groshens presented another claim from McLeod County for $472.09 for clean out of Jt. Ditch 11"~ Page 1, last paragraph, 1st sentence should read "Groshens presented a claim from Carver COWlty for $3,338.55 for work on Jt. Ditch No.4." Motion to approve the minutes of 3-17 -98 with corrections was made by Sawatzke, seconded by Mattson, carried 4-0. Petitions were accepted to the Agenda as follows: Aud.ffreas. Item #4, "Claim, KUE Contractors, Inc., for Wright COWlty Capital Improvement Building Permits" (Groshens)~ Item For Consid #5, "CoWlty Commissioner Refresher sponsored by AMC/MCIT, 4-27- 98, St. Cloud Holiday Inn" (Jude)~ Item For Consid. #6, "Personal Watercraft" (Rose). Mattson moved to approve the Agenda as amended, seconded by Sawatzke, carried Wlanimously. The Consent Agenda was reviewed. Jude referred to Item D 1, "Acknowledge $2,500.00 donation to the Ney Nature Center from Wright Hennepin Power's Operation Roundup." He said the donation was appreciated. Mattson requested that Item A2, "Resignation, Bruce Thielen, Parks Administrator, Eft: 4-17-98~ Auth. Advertising For Replacement" be removed for discussion. Groshens requested that Item B3 be added to the Consent Agenda, "Accept Resignation, Barbara Peterson, Eft'. 4-3-98 & Auth. Replacement." On a motion by Mattson, second by Sawatzke, all voted to approve the Consent Agenda with removal of A2 and the addition ofB3 as follows: A ADMINlSTRATION 1. Performance Appraisals: M. Erickson, T. Kelly, A Mohaupt, Attomey~ L. Schmatz, Auditor. 3. Claim, GRRL, $238,928.00 (2nd Quarter Payment). 4. Distribution of the Performance Measurement Program Manual. 5. Refer use of Parking Lot during Buffalo Days to Building Committee. 6. Refer the following items to the Building Committee: a. Quotes for Exhaust Hood, Sheriff Evidence Room. b. Carpet Annex Hall, First Floor. c. Tile in Jail Control Areas. 7. Off Report, Period Ending 3-6-98. B. AUDITORffREASURER 1. Approve Renewal, Cokato Town & Country Club Annual Set Up License (Cokato Twp.). 2. Approve Annual On Sale Beer License, St. Mary's Mens Club (Franklin Twp.). 3. Accept Resignation, Barb Peterson, Eff. 4-3-98 & Auth. Replacement. C. HIGHWAY 1. Approval of 1998 Maintenance Agreements between Wright COWlty and Nine Cities (Annandale, Buffalo, Cokato, Delano, Elk River, Howard Lake, Maple Lake, Monticello and Montrose). 2. Authorization to sell used equipment (two rollers) to townships or cities in Wright COWlty. D. PARKS 1. Acknowledge $2,500.00 donation to the Ney Nature Center from Wright Hennepin Power's "Operation Roundup." E. RECORDER 1. Accept Resignation, Jeanne Baldwin, Clerk II, Eft'. 4-3-98 & Auth. Replacement. F. SHERIFF 1. Acknowledge Appointment, Scott McCarty, Corrections Officer, Eft'. 3-30-98. Item A2 was removed for discussion by Mattson, "Resignation, Bruce Thielen, Parks Administrator, Eff. 4-17 -98~ Auth. Advertising For Replacement" Mattson acknowledged Thielen's years of service with Wright COWlty and said he would be hard to replace. Rose stated Thielen had done a lot to build up the Wright County Parks System. Sawatzke concurred. Thielen was wished well in the future. Jude moved to accept the resignation and to authorize replacement, seconded by Mattson, carried unanimously. Brian Asleson, County Attorney, provided backgroWld infonnation and his recommendations regarding clean out of County Ditch No. 9 as requested by Pilot Land Development. Asleson provided the following recommendations to the COWlty Board: 1. Authorize Pilot to clean out the ditch in the area of its development at a .07% grade. This should restore the ditch bottom to its original level. 2. Approve of minor alignment shifts in Ditch No. 9 in the area of the development and the golf course. These shifts are acceptable as part of a repair procedure since they involve some wetland mitigation. 03-24-98 WRIGHT COUNTY BOARD MINUTES Page 2 of5 3. Approve placement of a lengthy culvert Wlder the proposed road named Karston Ave. Asleson's opinion is that this culvert placement can be authorized as part of a repair procedure since it does not change the hydraulics of the ditch, and with approval of the Joint Powers Agreement with the City of Albertville, any maintenance concerns are greatly reduced. 4. Authorize signatures on the proposed Joint Powers Agreement for maintenance of COWlty Ditch No. 9 with the City of Albertville. This agreement satisfies the concerns that the COWlty has over the placement of the culvert noted above, since the responsibility for maintenance of that culvert would rest with the City of Albertville. In addition, the City of Albertville will be responsible for over 90% of any maintenance costs on the ditch in the future. 5. Authorize Pilot to clean out County Ditch No.9 at a .07% grade from COWlty Rd. 118 to COWlty Rd. 119. Again this would restore the ditch bottom to its original levels and improve water handling capacity. 6. Authorize Pilot to clean a portion of County Ditch No.9 south of COWlty Rd. 119 on the Gutzwiller property. This cleanout was not originally proposed by Pilot, but was requested by the Gutzwillers and Pilot is willing to do this work to alleviate some flooding concerns that the Gutzwillers have. Asleson stated that two of the landowners on the ditch have not signed the agreement yet. On the Rivera property, information has been forwarded to Mr. Rivera in Florida with request for signatures. Joseph Berning owns the other property and has not signed due to his concern with the adequacy of the culvert located under CR 119. Asleson said staff from Wright COWlty and Pilot Land Company do not see a problem with the size or adequacy of the culvert. The culvert Wlder CR 119 is smaller than that Wlder CR 118. Staff from the SWCD and the Highway Department feel that the culvert Wlder CR 118 is oversized. In addition, the City of Albertville requires the run offrate to be one half that of the pre-development rate of discharge. Mattson questioned whose responsibility it would be for repair ifflooding did occur. Asleson responded that the COWlty has the ultimate authority of ditches. Clean out of the ditch is being done by Pilot Land Company at no cost to the landowners. In reference to the area South of CR 119 (Gutzwiller property), Asleson said the Board may want to set parameters on clean out by Pilot. Clean out will be on the Gutzwiller property only. Rose said COWlty Ditch #9 ends just South of CR 119 and adjoins with COWlty Ditch #21. COWlty Ditch #21 runs for approximately 600' South and then water flows into a holding area. Rose indicated that she spoke with Berning who does Wlderstand that clean out of the ditch on his property will commence if approved. However, Pilot will not have the 50' access on either side of the ditch on Berning's property. Under the Joint Powers Agreement the City of Albertville would have the right to a 30-day advance notice that a request for repair is being considered by the County Board. The City would have the opportlUlity to comment, but the decision rests with the County Board. Sawatzke then questioned whether Item # 1 and #4 of the recommendations should state that they are being required, not authorized to do the work. He felt this would ensure that Pilot would complete all of the action items recommended by Asleson. Asleson stated that in Items #1, #5 & #6 he used the word "authorize" as the County is delegating authority to Pilot. It is the COWlty'S responsibility to maintain the ditch system. He did not know if the COWlty could require them to perform these items. The Attorney representing Pilot Land Company stated that Pilot made certain representation and the vote should be conditioned upon those representations being part of an agreement. Hefelt that being the governing authority, the Board would still have some control over making sure the work is completed. He stated that Pilot will complete the work and that they will do the work as part of the consideration for the vote. Asleson suggested a Memorandum of Understanding be drawn up between the County and Pilot Land Company outlining those action items referenced in his correspondence to the County Board. Sawatzke moved to approve the six action items provided that all six items are accomplished, seconded by Mattson. The motion and second were amended to include an additional sentence added to Item #4, ''Pilot is to handle all spoils pursuant to the wishes oflandowners." The amended motion also includes the stipulation that all work is to be completed by 6-1-99. A provision will be added to the agreement stating that if the work is not completed by 6-1-99, Pilot Land Company agrees to be responsible for assessments by the County. Motion carried 4-0. On a motion by Sawatzke, second by Jude, all voted to acknowledge receipt of the February Revenue/Expenditure Guidelines. KUE Contractors, Inc. submitted an invoice for $31,708.98 for building permits they obtained on behalf of the COWlty for the Pamida and Public Wmks projects. In researching the claim, an error of $4,350.00 was made when assessing the SACIW AC fees, bringing the total of the building permits to $27,358.98. The City of Buffalo indicated that they would reimburse KUE Contractors, Inc. for the amount of the error. In discussion of the building permit fees, Sawatzke pointed out that $3,711.00 is the actual cost of the building permit portion. The majority of the cost lies within the SACIW AC fees. Rose stated that the question is not whether KUE should be reimbursed but instead relates to the process involved with reimbursement. Jude moved to lay the claim over to review at the Building Committee Of The Whole Meeting scheduled for 10:30 AM. today, seconded by Mattson. Motion carried 3-1 with Rose casting the nay vote. 03-24-98 WRIGHT COUNTY BOARD MINUTES Page 3 of5 The claims listing was reviewed. Mattson referenced claims on page 10 under the Court Services Department. Groshens indicated these fees are for classes held throughout the year. Mattson moved to approve the claims as listed in the abstract subject to audit, "l JOINT POWERS AGREEMENT RE: WRIGHT COUNTY DITCH #9 The parties to this Agreement, Wright County (hereinafter County) and the City of Albertville (hereinafter City), are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes, Section 471.59. 1) General Purpose. The general purpose of this Joint Powers Agreement is to provide for the repair, maintena.llce and continued effective functioning of County Ditch #9, which flows through portions of the cities of Albertville and St. Michaei in Wright County. 2) Repairs Within City of Albertville. The City shall be responsible for all repairs on the portion of County Ditch #9 within its city limits, pursuant to Minnesota Statutes, Sections 1 03E. 701 - 1 03E. 741. The City may assess the cost of such repairs to its residents pursuant to Minnesota law. The cost of such repairs shall not be assessed to downstream landowners outside of the city limits, nor shall the County be responsible for any of the cost. For any non-emergency repairs, the City shall provide advance written notice of such repairs to the County Auditor. 3) Repairs Downstream. The County shall be responsible for all repairs on the portion of County Ditch #9 outside the city limits of Albertville, pursuant to Minnesota Statutes, Sections 1 03E. 70 1 - 1 03E. 741. A portion of the cost of such repairs shall be assessed to the City, for such benefitted lands within the City, according to the original determination of benefits for County Ditch #9. For any non-emergency repairs, the County shall provide advance written notice of such repairs to the City Administrator. For any such repairs with an estimated cost of more than $5,000, the County shall give written notice to the City, seeking comment from the City Council, at least 30 days prior to commencing said repair. 4) Term of Agreement - Notice of Withdrawal. This Agreement shall be effective for an indefinite period after approval by the County Board and the City Council. Either party may withdraw from the Agreement by giving 90 days written notice of withdrawal to the other party. Any assessments already made as of the effective date of withdrawal shall be paid pursuant to the terms of this Agreement. 5) Redetermination of Benefits. In the event of the County Board approving of a redetermination of benefits for County Ditch #9 pursuant to Minnesota Statutes, Section 103E.351, this Agreement shall be voidable at the City's option. 6) Mutual Indemnification. The County shall indemnify, save and hold harmless the City and all of its agents and employees against any and all claims, demands, actions or causes of action of whatever nature or character arising out of the execution or performance of repairs to be performed by the County. The City shall indemnify, save and hold harmless the County and all of its agents and employees against any and all claims, demands, actions or causes of action of whatever nature or character arising out of the execution or performance of repairs to be performed by the City. The above provisions to indemnify and hold harmless do not constitute a waiver by either party of the limitations on liability provided by Minnesota Statutes, Chapter 466. 7) Modifications. This Agreement may be modified by written amendment adopted by the County Board and the City Council. APPROVED: COUNTY OF WRIGHT CITY OF ALBERTVILLE ~~ . ers n, County Board ~ Mayor JtutJ ~ City Administrator 3 /30 /9'& Date 2-('1-- cr f Date