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Wright County Board Minutes

OCTOBER 29, 2002

The Wright County Board met in regular session at 9:00 A.M. with Mattson, Eichelberg, Sawatzke, and Jude present. Commissioner Russek was absent. A moment of silence followed to remember Senator Wellstone, his wife, daughter, staff members, and the two pilots who lost their lives last week in a plane crash.

The minutes of 10-15-02 were discussed. Mattson referenced discussion which took place on a rezoning request for the Ralph Goelz property in Maple Lake. He has since received a copy of a letter from Maple Lake stating they recommend denial of the request. If he would have had this information prior to the County Board meeting, he would not have voted in favor of the request. The County Board minutes from that meeting are correct as written. Jude moved to approve the minutes of 10-15-02, seconded by Sawatzke, carried 4-0.

Petitions were accepted to the Agenda as follows: Item For Consid. #6, "Letter from East Central Solid Waste Commission" (Jude); Item For Consid. #7, "Letter RE: Investing in MN Ag Conference" (Eichelberg). The following item was removed from the Agenda as requested by the City of Otsego, "Council Member Vern Heidner, City of Otsego RE: County Access Road Setback Rules From State Hwy. 101." Jude moved to approve the Agenda as amended, seconded by Mattson, carried 4-0.

Mattson removed for discussion Consent Item A6, "Approve additional $800 from May bid price for new total of $18,095.42, JP Fence (Clearwater), Sheriff Impound Lot Security Fence" and Item A7, "Review & Approval Of Budget Committee Of The Whole Minutes, 2003 Budget Process." On a motion by Mattson, second by Sawatzke, all voted to approve the remainder of the Consent Agenda:

A. ADMINISTRATION

1. Performance Appraisals: A. Duerr, Aud./Treas.; D. Chapman, C. Huston, Bldg. Maint.; S. Block, S. Densmore, Ct. Admin.; D. Demarais, D. Pullis, J. Wright, Hwy.; C. Curtis, D. Miller, M. Pacelli, C. Poirier, A. Pribyl, D. Scherber, G. Torfin, Sheriff.

2. Claim, MCIT, $1,689.43 (Martin vs. Wright).

3. Claim, MCIT, $2,500 (Deductible, Superior FCR Landfill vs. Wright County).

4. Claim, MCIT, $1,000 (Deductible, Ogtquist vs. Wright County).

5. O/T Report, Period Ending 10-11-02.

B. ATTORNEY

1. Approve Hire, Barbara J. Schlimme, Legal Secretary, Eff. 10-30-02 (Class K, Step 3).

2. Refer To Personnel Committee Discussion RE: Annandale Prosecution.

C. AUDITOR/TREASURER

1. Claim, McCombs Frank Roos, September Services, $8,576.40 (Fund 61-Sewer).

2. Tobacco Licenses: Coborn's Liquor and Coborn's Grocery (Albertville City).

D. INFORMATION TECHNOLOGY

1. Refer to Technology Committee: 1) Need for Digital Line Card & DID Trunk; 2) Voice Menu for Court Services; 3) GIS Committee Report; 4) Record Management Project Report.

E. PLANNING & ZONING

1. Accept the findings and recommendations of the Planning Commission for the following rezonings:

A. Approve request to rezone from R-1 to AG, Buffalo Bituminous, Inc. (Buffalo Twp.).

B. Approve request to rezone from AG to A/R, Chris & Denise Van Lith (Clearwater Twp.).

F. SHERIFF

1. Acknowledge appointment, John Bodin, Civilian Bailiff (half-time), Eff. 10-30-02 (Step 3).

2. Refer to Personnel Committee Discussion RE: Start Date for the second Civilian Bailiff position.

Mattson referred to Item A6, "Approve additional $800 from May bid price for new total of $18,095.42, JP Fence (Clearwater), Sheriff Impound Lot Security Fence." He inquired why the total figure was different from the minutes where the bid was awarded. Richard Norman, County Coordinator, indicated that the past minutes did not include sales tax. Jude moved to approve Item A6, seconded by Sawatzke, carried 4-0. Sawatzke brought forth discussion on Item A7, "Review & Approval Of Budget Committee Of The Whole Minutes, 2003 Budget Process." He referenced the 8-20-02 minutes which involved discussion relating to a position being added to the Veterans Service/Civil Defense Office. The draft minutes reflect that an Assistant Emergency Manager position would start 7-1-03 and the Veterans Service Technician position was dropped. Sawatzke recalled that assistance was required in both areas and that the person would be hired to assist half time in each area. Norman responded that the different skill levels of the two positions would make it a difficult position to fill. Sawatzke recalled there would be a total of one full-time employee. Mattson said the Department has been promised assistance for the last three years. Sawatzke moved to lay the minutes over for one week to allow the Administration Office an opportunity to review the audio tape of the meeting, seconded by Jude, carried 4-0.

Sheriff Gary Miller and Captain Gary Torfin presented a retirement plaque to Marilyn Miller for dedicated service from 1982-2002. Miller served in the position of Food Service Manager and was recognized as a person who could be counted on to make sure everything was completed in an efficient manner. Miller was also presented with a 20-Year Service Award Pin and a gift certificate. She was thanked for her years of service.

On a motion by Mattson, second by Jude, all present voted to approve a plat, "ST. JOHNS HEIGHTS," as submitted by St. John's Lutheran Church/Wasburn Park, a Minnesota Nonprofit Corporation, fee owner of the following property (with the mylars having signed by Steven Dosdall, President) described in part as: That part of the NW1/4, Sec. 4, Twp. 120, Rge. 28, commencing at the SW corner; with all outstanding taxes including green acre liability, if any having been paid; the road has been accepted by French Lake Township; the part dedication fee has been paid, and the title opinion prepared by John T. Peterson, Esq., has been reviewed by Thomas C. Zins, Assistant County Attorney, who finds the plat to be ready for recording.

With the General Election one week away, Gruber requested appointments to the Canvassing Board. As all of the Commissioners are up for re-election, other appointments would be required. Gruber suggested Dawn Grossinger, a City of Monticello employee, who previously worked for Rockford Township and the City of St. Michael and has experience with elections. The second recommendation was Geri Hagelin, Franklin Township Clerk, who has experience with elections through that position. Gruber requested approval of the two appointments and for the Canvassing Board to meet on 11-7-02 at 9:00 A.M. in the Commissioners' Board Room. Jude moved to approve the request, seconded by Sawatzke, carried 4-0.

A meeting relating to County Ditch 38 was held last week at the Montrose City Hall. Discussion involved realigning the ditch away from the manufactured home park. There is the potential to hook up to the tile which was replaced under the railroad tracks. Kerry Saxton, SWCD, provided a letter which states that in review of old plans, it is evident what was constructed from where the ditch crosses Clementa Avenue on the South to where it first crosses Clementa Avenue to the North is not what the plan shows. It appears a change was made to use an open ditch instead of an 18-inch tile. The County would have no jurisdiction to go farther than where the County ditch probably ended (where it first crosses to the North). Further review of minutes from that period should be reviewed to confirm this. Saxton felt there should be enough fall in the first 1000 feet to cause this tile to flow freely and provide faster flow to drain the area above. Saxton's recommendation would be to clean the entire section as there is only about 1600 feet total. Until this is done, he recommended holding off any further action until the benefit is seen from this work. Working above this area would be difficult with the high water and may require further permits. Cleaning below this area would start to provide some dramatic draw down of the water and give some relief. He offered the assistance of the SWCD Office in improving the situation and staying within the current wetland regulations. Gruber recommended checking the minutes from approximately 1926 before the area was platted to verify that the ditch did extend East of Clementa Avenue and back North until it crosses again from East to West. When verified, the area would be cleaned out. Mattson made a motion to move forward on the request, seconded by Sawatzke, carried 4-0.

Approximately three weeks ago, a meeting was held to review County Ditch 33. The meeting was attended by Sawatzke, Eichelberg, Gruber, Saxton and the property owners. Saxton reviewed the area and submitted a letter stating he found that water is backed up from the North side of 90th Street through the freeway back to where it is affecting properties in Monticello Farm Estates. Saxton thought a tile draining this area is in need of repair. He suggested an open outlet be established in this area with a level ditch to cause the tile to flow freely into the large wetland north of 90th Street until the pressure is relieved from the upper area. If possible, some of the woody debris should be removed from the upper ditch to allow full flow of the tile. Once the area is drained and the crop removed, an assessment could be made to see if this line should be totally replaced. He stressed the high water levels and the drastic spring problems which might occur if relief is not immediate. The cost for the first repair should be under $5000. Saxton recommended authorizing this work immediately. Saxton would be available to meet with contractors on site on 10-31-02 or 11-1-02. Sawatzke moved to authorize repair of Ditch 33 consistent with the recommendation of Saxton, to be completed as soon as possible, noting the dates Saxton is available to meet with contractors. The motion was seconded by Mattson. The motion and second were amended to include authorizing Gruber to accept the low bid if it is less than $5000, otherwise bids are to be brought back to the Board for review. The motion carried 4-0.

Problems with a beaver dam on Joint Ditch 4 were taken care of prior to the meeting so the Board did not address the issue.

The claims listing was discussed. Gruber made a correction to page 9, Metro Group Inc. ($548.26). The claim is correctly coded to Operating Supplies but the description incorrectly reflects "Boarding 69 Days." On a motion by Jude, second by Mattson, all voted to approve the claims as listed in the abstract, subject to audit.

Capt. Gary Torfin, Jail Administrator, received a request from Buffalo Hospital for an amendment to the contract for Jail medical services. The emergency room physicians have joined a professional association and will no longer be employees of the Hospital effective 11-1-02. There is a provision in the contract that subcontracting cannot occur without County Board approval. Torfin asked that the Board authorize signatures on the amendment allowing the Hospital to enter into a relationship with the physicians on the County's behalf. The amendment will have no financial impact on the contract. Jude moved to authorize signatures on the contract amendment, seconded by Mattson. Relating to the expiration of the current contract, Torfin said he received a new contract today. He had not had the opportunity to review it, but said any increase in the contract amount would be due to the nursing contracts and would not have anything to do with the amendment discussed today. The motion carried 4-0.

Brad Wozney, Water Resource Specialist, said the SWCD received a Local Water Planning Challenge Grant from BWSR to perform an inventory of damages due to flooding. Grant funds will be used to identify conservation practices damaged by floods and establish baseline information about Wright and McLeod Counties. The McLeod SWCD will complete the inventory for their County and forward their maps to Wright County. Maps will also be sent to cities and townships in each county to locate damaged sites. The Wright County Surveyor Department will generate a GIS product showing a compilation of the location of all damages and the degree of damage. Jay Wittsock, Surveyor, said assistance will be received through a hire through the Workforce Center. The total grant amount is $23,000 with an in-kind match of approximately $10,000. The SWCD currently has an employee from the Workforce Center working on this project. Mattson moved to authorize signatures on the grant, seconded by Jude, carried 4-0.

Greg Kramber, Assessor, said the Legislature met in special session to review flood relief proposals and gave the County Board the ability to grant abatements for property damaged by 50% or more. The County is reimbursed by the State for those abatements. The County's normal abatement policy is such that abatements under $100 are generally not reviewed but there has been an exception made for this situation. The total amount proportioned to Wright County was approximately $208,000. There were 23 properties which incurred damage of 50% or more. Sawatzke moved to approve abatements for properties with 50% or more loss in building value due to the June 21-24, 2002 storms. The motion was seconded by Mattson and carried 4-0.

Kramber presented the 2002 storm damage reassessment report. There were 305 homestead properties identified and damage to the properties is reported at $2,853,500. These properties will receive a credit on their tax statement for 2003 payable taxes. Jude moved to accept the report and authorize Kramber to submit it to the Department of Revenue, seconded by Mattson, carried 4-0.

Tom Salkowski, Planning & Zoning Administrator, brought forth discussion on a recommendation from the Planning Commission to accept the findings for denial of the following rezoning and authorize signatures on the order of denial: Unanimous recommendation to adopt Findings as prepared by the County Attorney for denial of the request to rezone from AG to A/R, CM Land Services Corp. (Southside Twp.). Salkowski said the Attorney's Office received a fax after hours yesterday containing a request from the applicant's attorney to lay the issue over to November 12th. He indicated it would be up to the Board on whether they want to act upon the recommendation of the Planning Commission or lay the issue over as a courtesy. Tom Zins, Assistant County Attorney, said he did not have an objection to the request to postpone this issue. Another fax from the Attorney followed later in the evening outlining why the Board should not follow the Planning Commission recommendation. Zins indicated that the public hearing process closed two weeks ago. Salkowski said that the Planning Commission's recommendation will not change if the matter is referred to November 12th and that he would follow their recommendation. The staff recommendation to lay this issue over would be as a matter of courtesy.

Salkowski made it clear that the public hearing has taken place and is over with. He was concerned whether it would be fair to the Township Board and neighbors of the applicant to continue discussion when two hearings have been held. Discussion followed on the 60-day rule. Zins said a notice was sent to get beyond the 60-day rule and that the issue is now into the 120 days. Record will show that it was the applicant's request to continue this item. Jude moved to honor the unanimous recommendation of the Planning Commission to deny the request to rezone from AG to A/R, CM Land Services Corp. (Southside Twp.) and to deny the request to lay this issue over as the information was submitted late and could have been brought forth ahead of time. The motion was seconded by Mattson.

Matthew Anderson, Attorney for the applicant, requested an extension on their behalf. Anderson understood that the public hearing process had closed but requested an opportunity to speak either today or in two weeks. Anderson said the applicant is asking for zoning which is in conformance with the Wright County Land Use Plan. They are not requesting PUD approval nor subdivision approval. Rezoning would be for the southern portion of the property (not the property north of the river). With approval, they may be able to develop approximately 9-14 lots. He said the request is to rezone land that is not ag in nature as it is forested land. He referenced the Land Use Plan, page 37, which shows the prime farm land. He said their request is to rezone the southern portion of property as A/R which would be in conformance with the Land Use Plan.

Zins responded as the Attorney for the Planning Commission. In regard to Anderson stating that this was only a rezoning and not a request for a PUD, he disagreed in the sense that when a public hearing is held the Planning Commission looks at all variables which may transpire. There is testimony on record that this may be the direction which will be taken for development. Impacts are also considered. Relative to the request for rezoning for the southern portion of the property, Zins stated the Planning Commission was fully aware of what the applicant was trying to do. This is addressed in the findings. In regard to the comment that the land is not ag, Zins said it is ag land and is designated as such in the Land Use Plan.

Ed Koehn lives on 90th Street across from the applicant's property. If additional discussion is allowed, he felt that more people would have comments. As the request went through the process, it was determined from the Land Use Plan that the forested land was ag. As far as the infrastructure, he said the Township Board has not expressed any plans to upgrade the roads which are under water 3-4 times per year. There was testimony at the Planning Commission that a water treatment plant would be required if developed. The soil is also poor in this area. Koehn said one of the main stated goals of the Plan is to preserve ag land in the County. Placing 9-14 homes in an area which would be surrounded by ranches and farms may present problems in the future. Development would require the upgrade of the roads, fire & rescue, and police service. He did not feel it was the intent of the Plan to cater to one specific interest.

Leslie Hoffman echoed Koehn's comments. Her property connects with the applicants. She said the applicant has not attended any of the meetings held on this request. An attorney did attend one Planning Commission meeting several weeks ago. She did not support continuing this issue to a later date in fairness to all of the other property owners who have adjusted their schedules to attend meetings. She did not feel the applicants had placed a priority on attending the meetings.

The motion was called and carried 4-0. Zins presented the applicant's attorney with the Findings and a copy of the Notice and Order of Denial.

Zins submitted for approval a proposed Adult Uses Moratorium. The County currently does not have an ordinance regulating adult uses in Wright County. A notice of intent has been advertised. Jude moved to adopt Interim Ordinance 02-02, seconded by Sawatzke, carried 4-0. Wright County Interim Ordinance Number 02-02 imposes a moratorium of up to one year on the approval or establishment of all "adult uses" in all of Wright County's zoning districts. These "adult uses" are defined in the Ordinance and include such uses as adult bookstores, adult movie theaters and adult cabarets. During the period of the moratorium, the County will study and review potential ordinances or amendments to regulate such "adult uses". A copy of the complete text of Interim Ordinance 02-02 can be obtained at the Office of the Wright County Coordinator.

Noel Labine, Economic Development Partnership, requested authorization of signatures on an amendment to the Loan Fund Escrow Agreement. This amendment would provide for a 90-day extension of the initial member enrollment period, from 10-31-02 to 1-31-03. This would give interested cities, counties and development organizations more time to secure local approvals and make their membership deposits in the Loan Fund Escrow account. Mattson moved to approve the extension, seconded by Jude, carried 4-0.

Marc Mattice, Parks Administrator, reviewed the October Parks Commission Minutes and recommendations from that meeting:

1. The Parks Commission voted in favor of recommending the following grant applications:

Outdoor Recreation Grant, Clearwater/Pleasant: This grant would be for upgrade of a play structure, disc golf, and an archery range. Estimated cost is $55,000 with a 50/50 match ($27,500 County match). The project is scheduled for 2004.

Ney Park Reclamation of Native Plant Communities and Trail Grading: The estimated cost is $40,000 with a total County match of $16,000 cash ($16,000 rental dollars), and $4,000 in-kind labor and equipment. The project is scheduled for 2004.

Regional Trail Grant - Connection on CSAH 12 from Buffalo to Montrose for right-of-way acquisition: The estimated cost is $75,800 for right-of-way acquisition, with a total County match of $37,900. The project is scheduled for 2003.

At today's County Board Meeting, Eichelberg noted that with all of the grants, the request is for approval to apply for the grants. The County Board would still have the option to deny the grant dependent upon funding available. Sawatzke referenced the Regional Trail Grant. Although he is a supporter of trails, thus far Wright County has only participated in trails within County parks. He recognized that a new trail plan has been created but funding of it has not been discussed. He questioned where the $37,900 would be funded from. Mattice said that both cities will acquire right-of-way and be responsible for the trails out to their respective city limits. Jude said the reason this is being brought forth is that during the trail meetings, it was the consensus that the time to construct trails is when a road is rebuilt. He supported applying for grant funding and then it could be determined where funding would come from. The deadline for the application is in February, 2003. The other two grant deadlines are in March, 2003. Sawatzke suggested contacting those cities involved to see whether additional participation would be an option. He pointed out that the majority of users will be residents of either of the cities involved. Sawatzke moved to lay the Regional Trail Grant application over to allow Mattice to contact the cities and the township to review possible funding alternatives. Mattice is to bring the issue back when he so determines. The motion was seconded by Jude and carried 4-0. Jude moved to approve the Outdoor Recreation Grant application and the Ney Park Reclamation of Native Plant Communities & Trail Grading application. The motion was seconded by Mattson and carried 4-0. Mattice indicated that he may pursue different grant options for the Ney Park Reclamation.

2. Mattice requested Board input on continuing the Public Polling Project. The Parks Commission supports this venture to obtain the public's opinion on the future of County Parks. It was the consensus of the County Board to support moving forward with this project. If there will be financial implications, Mattice will bring this issue back before the Board for discussion.

Wayne Fingalson, Highway Engineer, requested approval of a resolution requesting the US Army Corp of Engineers' Study for riverbank repair along CSAH 42 in Otsego. The Corp will be able to provide help in the form of 100% of the design. Sawatzke moved to adopt Resolution #02-59, seconded by Jude, carried 3-0 on a roll call vote. Mattson was absent during approval of this resolution.

Fingalson requested approval of a condemnation resolution for six parcels of Right of Way on CSAH 14 (SP 86-614-08 and 86-614-09). Jude moved to adopt Resolution #02-60, seconded by Sawatzke. The County will continue discussions with the owners of the six parcels to try to reach an agreement. Adoption of the resolution will allow the Attorney's Office to begin eminent domain proceedings using the 90-day quick-take procedure. This will allow timely access to the properties during the 2003 construction season. Sawatzke was uncomfortable moving forward as this action involves Russek's district and he was not present today for discussion. Jude said negotiating a settlement has already been brought back to the Transportation Committee which resulted in increased offers to the landowners. Fingalson felt Russek was aware of the situation. The motion carried 3-0 on a roll call vote (Mattson abstained from the vote as he was not present for discussion on this item).

Fingalson presented a draft resolution which would replace Resolution #02-58 adopted on 10-8-02. The resolution revokes a portion of Highway Right Of Way adjacent to the intersection of CSAH's 18 & 37 to Monticello Township. Resolution #02-58 had a typographical error on it incorrectly revoking it to the City of Otsego. Sawatzke moved to adopt Resolution #02-61 revoking a portion of Highway Right Of Way adjacent to the intersection of CSAH's 18 & 37 to Monticello Township. The motion was seconded by Mattson and carried 4-0 on a roll call vote.

A Personnel Committee Meeting was held on 10-23-02. Sawatzke moved to approve the minutes, seconded by Mattson, carried 4-0:

Request to Hire Court Attendant. Lavonn Nordeen and Sharon Schubert were present to request permission to hire the 2003 Court Attendant position in November, 2002. The Court Administration Personnel Budget was reviewed showing that the Department was 7% under budget due to staff turnover and delays in hiring. The money needed to pay for this position for two months prior to its original start is available in the budget. Recommendation: Approve the hire of the 2003 Court Attendant position with a start date of November 1, 2002 or shortly thereafter.

Performance Appraisal, Tom Salkowski. Based on the review of five performance appraisals submitted, the Committee recommends an overall rating of "Superior."

A Ways & Means Committee Meeting was held on 10-23-02. The minutes of that meeting follow along with discussion at today's County Board Meeting:

Howard Lake Water Tower. This meeting was scheduled to discuss how the County should respond to the October 1, 2002 counteroffer from the City of Howard Lake which proposes the City purchase the fairground land that the Howard Lake water tower is built on. If the County agrees, the unpaid water and sewer fees for the years 2000 and beyond will be credited towards the purchase price of $24,000. This $24,000 land value was arrived at by an appraisal. This counteroffer followed the City's rejection of the County's Memorandum of Understanding stipulating that it would pay for any water over 185,000 gallons. This letter was prompted by the City's belief that it is unfair to waive water charges for the County and place this additional burden on the residents and businesses of Howard Lake. It was clarified that the County had no interest in selling the land and that the City of Howard Lake had approved, four in favor and none opposed, an agreement which stipulated that water would be provided free of charge to the Fair in exchange for use of the land upon which the tower is located. This agreement although voted on and recorded in minutes, was never signed by the then City of Howard Lake Council. There were varied opinions regarding the benefits or lack thereof brought to Howard Lake as a result of having the Wright County Fair located there. The County felt that it was not unreasonable to ask for something in return for allowing the City of Howard Lake to use the property upon which the water tower is located. The City of Howard Lake reported that they incur significant expenses each year as the host to the Wright County Fair and little benefit. Recommendation: Request that the City of Howard Lake formalize authorization, by way of signatures, for the previously approved agreement waiving water charges in exchange for the use of the property upon which the water tower is built.

At today's County Board Meeting, Asleson clarified that the intent of the Ways & Means Committee was for the County to pay for water used over a certain threshold. The Board confirmed that this was the consensus. Jude moved to approve the minutes, seconded by Sawatzke. The Board then took comment from Mark Custer, former Mayor of Howard Lake.

Custer presented his opinion of what transpired in the past with regard to the water tower. Custer said there was a simple agreement between the Fair Board and Howard Lake. The issue started as the fire department felt a hydrant was needed for the Fairgrounds and occurred prior to the sewer/water issue and the subsequent $65,000 assessment paid by the County. The City updated the 4" line to an 8" line up to Timber Resorts. Custer said the original agreement came about as the Fairgrounds needed a fire hydrant and the City needed a place for the tower. He said they asked for a trade with the Fair Board. The original agreement called for the hydrant to be placed within 100' of the tower and any additional water line would be at the County's expense. In exchange, Custer said the Fair Board gave the City a small parcel of land that was equal to about 15 parking spaces. The monetary value of the space would be about $200/year (used only Friday and Saturdays nights for parking) versus the cost of the fire hydrant at $10,500. The County then asked for any revenue from antennas placed on the water tower at a 50/50 split. It was an afterthought to place "Home of the Wright County Fair" on the water tower. Custer said that was his recollection of the discussion relating to the land trade for the tower. He was unsure as to what had transpired since that time. He felt it was ridiculous that this issue could not be discussed and resolved. He was unsure as to why the agreement never was written up or signed but referenced the change of the City Administrator and Mayor positions during this time. In another issue, he said the City vacated the streets located within the Fairgrounds and said the Fair Board received a great deal of land for nothing. In researching records, Custer could not find where any fees, licenses or sewer/water costs had been paid during the years the Fair had been located there, other than the $65,000 assessment. Approximately 6-7 years ago, the City hauled excess snow to Memorial Park. An agreement was made to allow the City to haul snow to the Fairgrounds in excess of that hauled to Memorial Park. In exchange, the Fairgrounds would receive free sewer/water. At one point, Custer said the Fair Board held an emergency meeting to terminate the hauling of snow to the Fairgrounds. He said this agreement was not in writing but was something that Mattson had agreed to.

Jude said the County was also tired of the situation. He referenced the motion made by the City to sign the agreement and the current Mayor's statement that he would not have supported the agreement. In checking the minutes, the Mayor actually voted to approve the agreement. Jude further stated that the Fair Board manages the Fair Grounds but the County owns the property. The County Board was the body that approved the sewer/water assessment and expenditures come before the Board for approval. He said the County does not generally allow use of County property. An agreement was presented to the Board and they voted upon it. He supported going back to the beginning and having the agreement signed. He said the County has been cordial but that this is business. The Board is elected to conduct County business and that would include signing a contract. Sawatzke said a committee previously came up with an agreement. Both the County and the City voted for it but now the City does not want to sign it. He said the Mayor indicated he had never seen the agreement but it was found in City minutes where he voted in support of it and the motion passed 4-0. Custer said that he was not criticizing either the County Board or Howard Lake but wanted to provide his view on what the original agreement was for. He said Mattson and Russek were present when the agreement was made with the Fair Board. He thought the agreement had come back to the Board and been agreed upon. Mattson said there was an agreement free water in exchange for snow being hauled to the Fairgrounds. Jude said the only thing agreed to in committee was to pay for water in excess of 185,000 gallons. Sewer is not mentioned in the agreement. Jude said the City is not hauling snow to the Fairgrounds any longer and that sewer charges could be discussed. The motion to approve the minutes carried 4-0.

On a motion by Jude, second by Mattson, roll call vote carried 4-0 to adopt Resolution #02-62 approving a Charitable Gambling Application for the Mendota Mdewakanton Dakota Community (Silver Creek Twp.).

Correspondence was received from MCIT announcing their Annual Meeting on 12-9-02 in Duluth and the election which will be held for one seat on the MCIT Board of Directors. The MCIT Bylaws provide for the designation of official voting delegates and alternates. Sawatzke moved to appoint Richard Norman as the Delegate and Doug Gruber as the Alternate. The motion was seconded by Mattson and carried 4-0.

Jude and Sawatzke are the Commissioner appointments to the River Rider. As there are only a total of six members, Jude requested that an alternate Commissioner be appointed so legal business can be conducted if someone is unable to attend. Sawatzke moved to appoint Mattson as the alternate, seconded by Jude, carried 4-0.

Brian Asleson, Chief Deputy Attorney, said correspondence was received from MFRA in regard to the Lake Charlotte/Lake Martha Sewer Project. Asleson requested approval of his signature on the change orders totaling approximately $800. The change orders relate to residents who initially did not hook up and decided to at a later date. Those additional costs will be paid for by the landowners. Jude moved to approve this request, seconded by Mattson, carried 4-0. The second issue relates to discussion Asleson had with the project engineer on the City incurring extra costs on easements for the trunk line coming out to the lakes area. The estimated additional cost to each land owner is $370/residence. A public hearing will be required. Asleson said there is enough in the dedicated account to fund this expense due to many of the residences prepaying, but it should be recouped from the property owners. This was provided as an informational item.

Jude moved to authorize attendance at the East Central Solid Waste Commission meeting on 11-21-02 at 1:00 p.m., Isanti County Government Center. The purpose of the meeting is to introduce and build support for a proposed legislative initiative designed to forgive the outstanding solid waste Capital Assistance Program Grant obligations of Chisago, Fillmore, Isanti, Kanabec, Mille Lacs, Pine, St. Louis and Wright Counties. The motion was seconded by Sawatzke and carried 4-0.

Mattson moved to authorize attendance at the "Investing in Minnesota Agriculture" conference being held in Willmar on 11-26-02. The meeting is being held to discuss ways to develop business opportunities for agriculture and rural Minnesota. The motion was seconded by Sawatzke and carried 4-0.

Bills Approved

Ace Hydro Seeding 3566.59

ADS 249.75

Airgas 5961.38

Allina Behavioral Health Srvc 230.25

American Institutional Supply 108.50

Amerigas 159.75

AMI Imaging Systems, Inc. 825.50

Ancom Technical Center 2116.23

Anderson, Pennie 125.00

Arrow Terminal LLC 187.23

Aspen Equipment Company 2354.01

AT&T 143.96

AT&T Universal Biller 4624.61

Auto Glass Center, Inc. 1113.41

B&B Products, Inc. 1247.75

Bob Barker Co. 1026.19

Beckius Truck Repair, Inc. 212.65

Benton County Treasurer 3550.00

BEST, Inc. 23,109.77

BLM Technologies, Inc. 412.70

Bowman Sheet Metal 350.00

Briggs & Morgan 4800.00

Buffalo Hospital 7333.79

Buffalo Hospital-OTPT Commerci 1505.85

Bunniss Enterprises 206.29

Burdas Towing 117.15

Buttweilers Do All 248.42

Campbell Abstract 105.00

Cardiac Science 1828.08

Catco Parts Service 887.11

Catholic Charities 10,798.72

Cellular 2000 of St. Cloud 439.74

Central MN Juvenile Center 580.00

Central MN Mental Health Cntr 300.00

Cintas Corp. No. 470 365.96

Commissioner of Transportation 910.47

Compaq Computer Corporation 8759.58

Consulting Radiologists LTD 222.00

CPS Technology Solutions 490.00'

Crysteel Distributing, Inc. 628.52

Decorative Designs, Inc. 175.53

Denn, Franklin 496.92

Dental Care Associates of Buff 244.00

Department of Public Safety 8430.00

Diesel Components, Inc. 199.85

East Central Regional Juvenile 4929.00

Election Systems & Software in 13,267.58

Ernst, Debbie 103.28

Exxon Mobil 547.89

Fashant, Andrew 338.49

Felger-Ramos, Maria 280.00

Finance and Commerce 195.00

Frazier, Terry 458.78

Frontier Precision, Inc. 1218.87

Fyles Excavating & Honey Wagon 110.00

Gateway Companies, Inc. 3121.53

GCS Service, Inc 656.20

Gholson, Janet 323.00

Hertzog, Amy 105.40

Hickory Tech 301.64

Hickorytech-Wireless 660.37

Hillyard Floor Care Supply 1610.98

Indianhead Specialty Co, Inc. 343.89

Info Logic 1785.00

Interstate All Battery Center 223.49

Interstate Battery Sys of Mpls 297.99

J Craft Div. of Crysteel Mfg. 464.45

Jahnke, Chris 172.87

Jerry's Towing & Repair 101.18

Jude, Kenneth 336.60

Kandiyohi Cty Sheriff's Departm 9845.00

Kramber, Jason 129.77

LaPlant Demo, Inc. 1263.66

Laurent, Michael 101.68

Leemiller, Ben 338.49

Lorenz, Richard DDS 459.00

Luetgers, Wayne 100.00

Marco Business Products 3280.05

Marlin Leasing Corporation 1069.86

Mattila, Roger Electric 443.00

McCombs Frank Roos Associates 8576.40

McDowall Company 361.00

MDIAI 105.00

Meeker County Sheriff 3450.00

Metro Group, The, Inc. 548.26

Meyer, Steve 100.00

Mid-Minnesota Hot Mix, Inc. 935.29

Mile 225.00

Minnesota Chemical Company 191.12

MN County Engineers Assn 333.33

MN Dept. of Corretions 225.00

MN Juvenile Detention Associat 180.00

MN Sheriffs Association 3700.00

MN State Auditor 10,783.21

MN Transportation Alliance 390.00

Mobile Vision 177.32

Mochingbird Decon Systems, Inc. 7088.94

Monticello Community Education 1500.00

Monticello RV Center 130.89

North American Salt Co. 94,028.67

Office Depot 4108.42

Olsen Chain & Cable Co., Inc. 155.23

Omann Brothers, Inc. 1601.98

On Site Monitoring 7082.00

Onsite Medical Service, Inc. 563.00

Parker, Anne 390.32

Peavey, Lynn Company 297.95

Phillips Petroleum Company 265.45

Pippo, Timothy 248.21

PMI Computer Supplies 1020.80

Public Agency Training Council 500.00

Qwest 6887.19

RJ Sayers Distributing 518.49

Record Preservation, Inc. 838.94

Reds Auto Electric 191.27

Reliant Energy Minnegasco 612.45

Rite Away Towing, Inc. 133.13

Royal Tire, Inc. 798.75

RS Eden 1386.00

Ruttger's Bay Lake Lodge 2277.60

Salkowski, Thomas 192.64

F Schmidt & Sons, Inc. 13,795.00

Schubert, Sharon 138.38

SEH 830.47

Sherburne County Sheriff 6671.30

Sheriff's Youth Program of MN 618.75

Signcad Systems, Inc. 633.13

Sirchie 142.52

Software House International In 1612.41

Specialist in General Surgery 144.00

Sprint-Local Telecom Division 158.63

St. Cloud Technical College 119.00

State Supply Co. 154.90

Stratus Technologies Ireland L 8068.00

Streichers 409.82

Superior Ford 20,631.00

Swing, William 147.20

Total Printing 549.97

University of Minnesota 3180.00

Unlimited Electric, Inc. 408.00

Verizon Wireless 548.83

Vibes Technologies, Inc. 163.43

Voss Lighting 296.11

Weinberger, James 244.46

West Group Payment Center 778.00

West Publishing Payment Ctr 424.41

Wright Cty Bag Company 1380.00

Wright Cty Court Administrator 389.94

Wright-Hennepin Electric 799.55

Wright Lumber & Millwork, Inc. 101.67

Wurm, Keith Construction 600.00

Xcel Energy 768.60

Zee Service Company 305.31

64 payments less than $100 2933.56

Final Total $381,967.80

The meeting adjourned at 11:08 A.M.


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