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Wright County Board Minutes

MAY 1, 2001

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

Mattson moved to approve the minutes of 4-24-01 as presented, seconded by Russek, carried unanimously.

Petitions were accepted to the Agenda as follows: Consent Agenda Item B5, "Accept Resignation, Bonnie Schaefer, Eff. 5-10-01 & Authorize Replacement" (Gruber); Consent Agenda Item B6, "Accept Resignation, Lori Westphal, Eff. 5-21-01 & Authorize Replacement." (Gruber); Amend Item For Consid. #1 to include, "Ways & Means Committee Report" and "Request Ways & Means Committee To Investigate Overtime Usage" (Mattson); Item For Consid. #4, "Letter From City Of Howard Lake RE: Property Near Fairgrounds" (Sawatzke); Item For Consid. #5, "Resolution RE: Superior Litigation" (Asleson). Jude stated that the 9:30 A.M. County Attorney item will be moved to 9:10 A.M. and the Auditor/Treasurer will present his items at 9:30 A.M. Eichelberg moved to approve the Agenda as amended, seconded by Mattson, carried 5-0.

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


1. Performance Appraisals: P. Miller, Sheriff.

2. Notification, Exercising Option To Extend Lease Agreement, Dept. Of Public Safety.


1. Claim, $42,362.00, Scott Builders, Inc. (Fund 34-Collinwood Park, Appl. #5).

2. Claim, $617.12, E.M. Branstrom Assoc. (Fund 34-Collinwood Park, Services).

3. Annual On Sale Beer License: St. Mary's Mens Club (Franklin Twp.).

4. Seasonal On Sale Beer License: Clearwater Lions Club (Clearwater Twp.).

5. Accept Resignation, Bonnie Schaefer, Eff. 5-10-01 & Authorize Replacement.

6. Accept Resignation, Lori Westphal, Eff. 5-21-01 & Authorize Replacement.


1. Approve Hire, Ralph Klocke, Highway Maintenance Person, Eff. 5-2-01 (Step 1).

2. Approve Sale Of Two Mower Tractors To The City Of Otsego For $4,500 Each.


1. Approve Request To Rezone 5 Acres to R-2a and The Balance To R-2 From AG, Richard Naaktgeboren & Robert Gruys, Jr. (Corinna Twp.).

2. Approve Request To Rezone From AG To A/R, Gregory D. Lange (Woodland Twp.).

As part of Boy/Girl County Day, students attended a portion of today's meeting to learn more about County Board proceedings. The County Board introduced themselves and their districts.

Tom Kelly, Attorney, acknowledged Barbara Johnson, Wright County Victim Witness Advocate, for receiving a State award as part of National Crime Victims Week. Johnson received the award at the Attorney General's Office on 4-23-01 for her outstanding service in assisting crime victims..

Doug Gruber, Auditor/Treasurer, referenced correspondence from Craig Brose relating to a beaver dam in County 10, Section 13, Stockholm Township. As Gruber has not been in contact with Brose, he will provide additional information at a future meeting.

Gruber viewed Jt. Ditch 15 with Morris Excavating. Steve Meyer informed him that the water is moving in this area. There are 5-6 blowouts. Repair will not be completed until the water level lowers and the road restrictions are off. A quote for repair has been received from Fyle's Excavating. Gruber is awaiting a quote from Morris Excavating.

Two proposals for repair were received for Ditch 33. Fyle's Excavating quote is a flat rate of $775 for up to 30' of pipe replaced. The quote from J.L. Schmidt is a $150 mobilization set up charge plus an estimated 18' at $32/foot. Consensus of the Board was for Gruber to make a determination on who to proceed with as the quotes were very comparable.

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

Marc Mattice, Parks Administrator, brought forth a request to acknowledge receipt of DNR grant funding for Montissippi Park and authorize signatures on the grant documents. In January 2000, the Board approved proceeding with an application for Phase II of Montissippi Park which was to include a picnic shelter and playground. A resolution supporting this effort was passed in February 2000 and the public hearing was held in March 2000. In June 2000, notice was received that Wright County was not selected for funding in the 2000 funding cycle. Since that time, Mattice has been notified of $25,000 in forfeited funding which Wright County would be eligible to use toward the playground development. A 50/50 match is required and will be funded from Line Item 6615 and in-kind services. This project is listed as a priority with the Parks Commission. Sawatzke moved to acknowledge receipt of the grant noting that the County's match should come from in-kind services and Line Item 6615. The motion was seconded by Mattson and carried 5-0.

Mike MacMillan, Court Services Director, referenced approved Department of Corrections grants received for the Intensive Supervision for DWI Offenders Program ($46,065 per year for FY2002 & FY2003) and the Wright County Juvenile Restitution Work Program ($3,000 per year for FY2002 & FY2003). Mattson moved to authorize signatures on the grant documents when they are received, seconded by Russek, carried 5-0.

Wayne Fingalson, Highway Engineer, brought forth the recommendations of award on the Seasonal Requirements bids which were opened at the 4-25-01 Ways & Means Committee meeting:

Pavement Markings: Two bids were received, AAA Striping Service of Rogers ($176,456) and Traffic Marking Service of Buffalo ($179,818.16). The recommendation was to award the bid to the low bidder meeting specifications, Traffic Marking Service of Buffalo. Fingalson clarified that the current certification for paint specifications was not submitted by AAA Striping as required so the recommendation was to disqualify their bid. Dennis Shirley, Vice President-AAA Striping Service, was present to contest the determination that a non-current paint batch formulation had been submitted. The paint specifications submitted were formulated two years prior with a paint manufacturer due to oil-based paints being outlawed by the EPA. Out of 80 counties, Shirley stated there had been a 98% reception with the new paint. This is the second year the paint has been used. The bid submitted last year was not rejected and included the same certification. It was noted that the certification was dated 2000. Shirley further stated that the same manufacturer has been used for several years and this is the only paint they make. The next step would be to request a certified paint batch formulation from the manufacturer. Brian Asleson, Assistant County Attorney, said the difference between the two bids is that the AAA Striping bid left an assumption that the specified paint would be used, whereas the bid from Traffic Marking Services had a certification and a four-page breakdown of specifications. The bid documents called for a certified copy of the paint patch formulation. The question was whether or not the certification from last year was current. Asleson said the reason the County does competitive bidding was to obtain the best price while being assured quality work. He said it was easier to waive procedural irregularities, but the issue laps over to the substantive area (quantity or quality that affects the final quality of the work). Shirley said he provided his bid in good faith and what he felt was a current paint batch specification. The bid did not call for a specific date on the certification. Asleson said whatever decision was made by the Board, it would be defensible either way. If the bid were awarded to AAA Striping, Asleson said the County should obtain something in writing outlining what paint formulation will be used. Sawatzke moved to award the bid for Pavement Markings to AAA Striping, $176,456, contingent upon providing the Highway Engineer with the appropriate additional documentation as requested. The motion was seconded by Russek and carried 5-0.

Sand & Rock: Russek moved to accept the recommendation as follows, seconded by Mattson, carried unanimously: Award FA-1 to Annandale Rock Products & Barton Sand & Gravel; FA-1 (MOD-Y), FA-1 (MOD-X), and Riprap Rock to Annandale Rock Products; Class 5 to all bidders; Washed 3/4" Rock to Annandale Rock Products and Barton Sand & Gravel.

Annandale Rock Products; Bauerly Co.; Barton Sand & Gravel

FA-1: $2.15; No Bid; $2.35

FA-1 (MOD-Y): $4.74; No Bid; No Bid

FA-1 (MOD-X): $4.74; No Bid; No Bid

FA-3 (MOD): No Bid; No Bid; No Bid

Class 5: $3.54; $2.10; $3.70

Washed 3/4" Rock: $9.25; No Bid; $10.90

Riprap Rock: $28.00; No Bid; No Bid

Aggregate Crushing & Stockpiling: Mattson moved to approve the recommendation to award the bid to Fairway Construction, Inc. of Hector, MN, $24,980.00. The motion was seconded by Eichelberg and carried 5-0.

Corrugated Steel Pipe Culverts & Metal End Sections: Eichelberg moved to accept the recommendation to award the bid to the low bidder meeting specifications, Contech Construction Products of Shakopee, MN, $34,263.00. The motion was seconded by Sawatzke and carried 5-0.

F&I Rubberized Crack Seal Material Contract #0104: Mattson moved to accept the recommendation to award to the low bidder (County portion) meeting specifications, Daffinson Asphalt Maintenance of Green Bay, WI, $64,800. The motion was seconded by Russek and carried unanimously.

Bituminous Sealcoat Contract #0103: Eichelberg moved to accept the recommendation to award the bid to the low bidder meeting specifications, Astech of St. Cloud, MN, $137,824.17. The motion was seconded by Russek and carried 5-0.

Plant-Mixed Bituminous Mixture Seasonal Bid ($/Ton): Mattson moved to accept the recommendation to award Items 1-5 to all bidders as listed. The motion was seconded by Russek and carried 5-0. Note the 1st price is per ton unit price and the 2nd price is 100+ ton/day unit price.

3/4" Bit. mix.; 1/2" Minus Bit. mix.; Winter Mix; Winter Mix FOB Buff; Fine Mix

Buffalo Bituminous: $23.90, $22.90; $24.75, $23.75; $.00, $.00; $.00, $.00; $25.85, $25.00

Mid-Minnesota Hot Mix: $26.75, $23.25; $26.75, $23.75; $.00, $.00; $.00, $.00; $31.75, $24.25

Bauerly Co.: $22.95, $21.95; $24.25, $23.25; $32.65, $32.65; $39.75, $39.75; $27.00, $26.00

Commercial Asphalt: $24.00, $23.00; $25.10, $24.10; $.00, $.00; $.00, $.00; $.00, $.00

Omann Brothers Inc.: $24.80, $24.30; $25.65, $25.15; $.00, $.00; $.00, $.00; $26.98, $26.48

Equipment Rental: Russek moved to award all bids as shown on the Equipment Rental sheet. The motion was seconded by Mattson and carried 5-0.

A Ways & Means Committee meeting was held on 4-25-01. On a motion by Sawatzke, second by Russek, all voted to approve the minutes of the meeting as presented.

Bid Opening, Seasonal Requirements. Steve Meyer opened the Seasonal Requirements bids. The bids were due by 10:00 A.M. on April 25, 2001. A late hot mix bid from Commercial Asphalt was delivered by the Administration Department at 10:15 A.M. The bid was postmarked April 23. In discussion with Brian Asleson, Steve Meyer and Commissioner Mattson agreed to accept the late bid being that it was postmarked April 23 and all bids in this category are accepted based on location needs. Steve will analyze the bids and report back.

A Budget Committee Of The Whole meeting was held on 4-23-01. Russek moved to approve the minutes as presented, seconded by Mattson, carried 5-0.

Human Services Budget Format Sample. DeMars stated that they used children services as an example. The financial reporting system they use is really designed for Department of Human Services reporting. One alternative is to transfer IFS data to locally developed lotus spread sheets. However, this would create a great deal of work for his Division to set up. After review of the examples provided, the Committee recommends using "Example 4," modified to include a descriptor for each line item.

Analysis Of Debt Service Fund & Cash Accounts. Hiivala presented an analysis of debt service funds. Per Statute, we have to levy 105% of the annual debt service levy. Also, past practice has included the allocation of additional taxes such as Mobile Home, Mobile Home HACA, and State Aids and Credits, to all levied funds, including debt service. As a result, the fund balance for debt service as of December 31, 1999, was $1,040,678; of which $24,762 is attributable to the active debt service accounts. Hiivala next reviewed the designated reserve accounts. It has been verified that the designations for workers compensation relates to the old MCIT, Trust I Program. Trust I has been eliminated, thus there is no need to further reserve for the program. Sawatzke stated that he would like to see the trend of reserves over the last ten years. Hiivala said he could have this information available this afternoon. The Committee recessed until 2:30 P.M. The Committee reconvened and Hiivala presented the trend analysis of the reserve accounts. He also provided a summary of the capital project accounts (Fund 34 and Site Improvements). Encumbrances against the accounts put us in a negative balance. Norman and Gruber spoke to the need for budgeting for capital improvements rather than depending on end of the year positive balances to fund projects. After further discussion, the Committee recommends the following: 1) Pass a resolution designating funds for cash flow and compensated absences; 2) Transfer $405,097 from General Revenue, Designation for Workers Compensation, to the Capital Account, Fund 34; 3) Transfer the Designation for Workers Compensation, Road and Bridge, and Human Services, to their respective Undesignated Fund Balance line item; 4) Do not allocate Mobile Home Taxes, Mobile Home HACA, and State Aids and Credits to the Debt Service funds. These should now be allotted to the General Fund.

In the case of the Superior FCR Landfill v. Wright County litigation (trial set for 6-4-01), the Court has requested that the County clarify their position on compliance issues relating to the constitutionality of Ordinance 98-01 and the County's denial of a rezoning application from 1999. John Baker, Greene Espel Law Firm representing Wright County, said the County's position is that both actions are constitutional, which was the subject of a closed session held in November. A clarification of this position has been requested to include the following: 1) When compliance would occur; 2) What form of compliance would be taken if Ordinance 98-01 would be found unconstitutional in its entirety. Baker referenced a draft resolution which provides the County's response to this request. Mattson moved to adopt Resolution #01-37, seconded by Russek, carried 5-0 on a roll call vote.

The Board discussed the renewal of the Coop Purchasing Venture Program. Correspondence was received from the Materials Management Division of the Department of Administration relating to the Cooperative Purchasing Venture Program (CPV). For an annual fee, CPV provides access to the contracts the State has in place. In 2000, the County Board voted to join under the Comprehensive Subscription at a cost of $1150. Twenty-one cities and townships participated at a cost of $30 each. The County pays the subscription and is reimbursed by those choosing to participate. The Comprehensive Subscription will increase to $1500 for 2002. Sawatzke moved to authorize participation in 2002 under the Comprehensive Subscription ($1500 annually) and to offer the program to all cities and townships at a cost of $40 each. Motion carried 5-0 on a second by Eichelberg.

The Board reviewed a claim to MFRA, Inc. ($12,618.63) for engineering services relating to the Lake Martha/Lake Charlotte Sanitary Sewer District project. Jude stated that although he felt it was an appropriate bill, he wondered what would be expended before the County is compensated through bonds. Russek said the preliminary design work is complete and they are now meeting with landowners. Asleson will provide the Board with an estimate on engineering costs. Asleson is tracking County expense incurred with the project which will be recovered through what is assessed. Claims have been paid from Budget 820, Professional Services. On a motion by Mattson, second by Russek, all voted to approve payment of the claim to MFRA, Inc., fund out of Budget 820, Professional Services.

Sawatzke referenced a City of Howard Lake Planning Commission notice relating to an application by Pete Fisher for property adjacent to the Fairgrounds. Fisher has requested approval of a subdivision. The proposed building site is a strip of land north of the railroad tracks. Any response by the County must be submitted to the City by 5-8-01. Asleson contacted the Highway Department relative to roads which may be closed as a result of the subdivision. He has also provided a copy of the request to the Fair Board. One road which may be closed is just west of CSAH 6, a dirt crossing for those vehicles which cannot make the underpass. As part of the approval, the City would vacate small sections of Franklin Avenue and 13th Street, which could possibly close the access on the western side of the Fairgrounds. As the crossings may not be up to current standards, the City is not in favor of making them City streets. However, the western access is needed for Fairgrounds parking and an alternate entry. Jude offered the suggestion of condemning a part of the western portion, making it a private road and left open for fire use. The private landowner would be given access for as long as he owns the property. Discussion followed on placing high density housing near railroad tracks in an area thought to be zoned industrial. Mattson felt it was no different than had been done in Buffalo. Asleson added the SWCD is the LGU for conservation purposes and approval would have to be obtained from them. Sawatzke moved to direct Asleson to send a letter to the City of Howard Lake expressing the concerns of the County Board: 1) Whether this would be appropriate use in this particular area; 2) Concern with the western crossing on 13th Avenue which needs to be maintained for safety. The motion was seconded by Eichelberg and carried 5-0.

On a motion by Mattson, second by Sawatzke, all voted to refer the issue of Overtime Use to the Ways & Means Committee.

Bills Approved

Advantage Emblem, Inc. 180.84

Albion Township 1160.80

City Annandale 995.00

AT&T 1163.90

Branstrom Associates Architect 617.12

Buff'n'Glo, Inc. 344.05

Buffalo Clinic 114.00

Buffalo Communications, Inc. 240.00

Buildings Consulting Group, Inc. 395.50

Cellular 2000 of St. Cloud 497.91

Chatham Township 396.60

Clearwater Township 466.40

City Clearwater 459.20

Climate Air 836.33

Columbia Propane 458.73

Computer Intelligent Associate 309.94

Computer System Products, Inc. 419.71

Corinna Township 782.40

CPS Technology Solutions 4007.17

Equity, Inc. 200.00

Facility Systems, Inc. 162.21

French Lake Township 605.20

Gateway Companies, Inc. 185.32

Kathleen Hoglund 225.00

City Howard Lake 1300.00

Internet Crimes 599.00

Keepers, Inc. 1609.85

KMA Associates International I 722.50

LaPlant Demo, Inc. 343.00

City Maple Lake 1348.90

Marco Business Products 1947.88

Masys Corporation 9123.95

Mattson Well Company 387.65

Midland Corporate Benefits SVC 679.25

Roger Millner 240.80

MN County Recorders Assoc. 100.00

MN Police & Peace Ofcrs Assn 133.13

Mountain Stream Sports & Appar 589.75

Robert Murphy 125.00

Northstar Repro Products, Inc. 137.34

Nova Care 285.00

Office Depot 603.21

Lynn Peavey Company 600.00

Performance Office Papers 338.35

Phillips Petroleum Company 252.89

Angeline Praught 1484.00

Precision Prints of Wright Co. 191.59

Quinlan Publishing Co. 237.00

Qwest 189.98

Scott Builders, Inc. 42362.00

City South Haven 425.80

St. Cloud Hospital 489.97

St. Cloud Stamp and Sign 305.56

Star Tribune 468.00

State of MN 176.56

State of MN Intertech Group 431.35

Total Printing 577.55

Matthew Treichler 324.98

United Parcel Service 150.46

West Suburban Industrial Suppl. 1416.45

Wright County Highway Dept 144.36

Wright-Hennepin Electric 3046.64

32 payents less than $100 1303.84

Final Total 90416.87

The meeting adjourned at 11:00 A.M.

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