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Wright County Board Minutes

JANUARY 13, 2004

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

Russek moved to approve the minutes of 1-06-04, seconded by Heeter, carried 5-0.

Eichelberg moved to approve the Agenda as presented, seconded by Russek, carried 5-0.

The Consent Agenda was discussed. Mattson pulled the following item for discussion:

COURT ADMINISTRATION

1. Refer to Building Committee Of The Whole items deferred from 2003 and 2004 department budget requests and new items for consideration:

* Analysis of workstation arrangements and efficiency of workflow within the department and related equipment and labor to carry out adopted recommendations.

* Redesign of front counters to promote access to computer records, improve customer service, security and ergonomics of counter workstations.

* Space design, furniture and construction requirements for vacated law library space.

* Records storage.

* Increase public seating and replace furnishings in the public lounge and conference rooms.

* Construct bailiff station in main public corridor (new item).

* Provide cushions for courtroom seating (new item).

* Consider forum for future planning items: Accommodation for additional chambered judge, courtroom/jury expansion, support personnel; centralize collections function.

Russek pulled the following item for discussion:

E. HIGHWAY

1. Authorize Attendance @ NACE Annual Conference For Wayne Fingalson & Virgil Hawkins, April 4-8, Orlando Florida, As Budgeted.

On a motion by Heeter, second by Russek, all voted to approve the remainder of the Consent Agenda (with the exception of Items D1 and E1):

A. ADMINISTRATION

1. Performance Appraisals: R. DesMarais, D. Engel, E. Kloss, Assr.; R. Hiivala, Aud./Treas.; D. Anderson, R. Bonk, J. Niebolte, D. Schmiginsky, Hwy.; R. Broadhead, P&Z; D. Anderson, D. Clemence, S. Derringer, T. Endreson, K. Kremer, Sheriff.

2. Schedule Employee Recognition Ceremony For 2-10-04 @ 10:00 A.M.

3. Claim, Nelson Building & Development Inc., $97,290.45.

4. Claim, Scott Builders, Inc., $1,820.00 (December 2003 Consulting).

B. ATTORNEY

1. Approve Promotion Of Lee Martie From Assistant Attorney I (Step 5) To Assistant Attorney II (Step 2), Eff 1-02-04.

C. AUDITOR/TREASURER

1. Approve 2004 Tobacco Licenses: Albertville Mobile, Don’s Auto Service, Pat’s Shell, Smackdown’s Sports Bar & Grill, Hack’s Liquor, 152 Club (Albertville City); Clearwater Marathon, Beatty Humphries Post #323, Clearwater Travel Plaza, Holiday Stationstore #254 (Clearwater City); Finish Line Grill & Bar, The Marketplace (Cokato City); Cokato Lake Camping & RV Resort (Cokato Twp.); Lake Center Store, Lake Center Bar & Grill (Corinna Twp.); Delano Wine & Spirits, Holiday Stationstore #214, Snyder Drug Store #5002, Quik Shop (Delano City); Tom Thumb #586 (Hanover City); Roger’s Amoco, American Legion Post #131, Madigan’s Pub & Grill, H&H Sport Shop, Lake Region Coop (Maple Lake City); Ken’s Service, Cruiser’s Gas & Goods, Tom Thumb #583, Maus Foods, Hawk’s Sports Bar, Hi-Way Liquors, Holiday Stationstore #196, Monticello American Legion Post #260, Broadway Kwik Stop, O’Ryan’s Conoco, River City Lanes, VFW Post #8731, Monticello Country Club (Monticello City); Squire Inn, Wright County VFW Post #1901(Montrose City); Riverview Liquorette, MT Liquor, F&F Food (Otsego City); Quik Shop, Red Vest Bar & Grill (Rockford City); A&M Liquor, Tom’s Tobacco & Grocery, American Legion Post #567, Millside Tavern, Dale’s Wine & Spirits, Corner Bar (St. Michael City); Petrol Pumper (Silver Creek Twp.); South Haven Conoco, South Haven Liquor (South Haven City); Mark’s Service, Uptown Bar & Grill (Waverly City).

F. INFORMATION TECHNOLOGY

1. Request Placement Of Two Non-DID Phone For Two IT Interns.

G. SHERIFF

1. Acknowledge Appointment, Judy Merritt, Half-Time Juvenile Holdover Attendant, Eff. 1-13-04 (Step 3).

2. Acknowledge Appointment, Alan Peterson, Deputy Sheriff, Eff. 1-20-04 (Grade 5).

Mattson pulled Item D1 (listed above) for discussion as he felt the request was extensive and a non-issue at this time. Heeter had the same view, stating this may not be the time to expend with the upcoming State takeover of the Courts, scheduled for 7-1-05. It would still be the County’s responsibility to provide space for the Courts but any existing furniture would become State owned as of that date. Purchases after that point would be the responsibility of the State. Russek moved to refer the request to the next Building Committee Of The Whole Meeting. A special meeting will not be set up for this issue. The motion was seconded by Eichelberg. Mattson requested that Court Administration obtain from the State complete details of what the County’s responsibility will be at the point of takeover. That information should be available at the Committee Of The Whole Meeting. The motion carried 5-0.

Russek pulled Item E1, (listed above) for discussion. He was unable to contact the Highway Engineer for an explanation on the question of both Fingalson and Hawkins attending the Conference. Russek moved to approve Item E1, seconded by Heeter. Sawatzke noted that there is a section on the Board Agenda Request Form which outlines financial implications and suggested this portion be filled out on requests such as this. The motion carried 5-0.

Doug Gruber, Auditor/Treasurer, recommended the Sunrise Shores plat for approval. On a motion by Russek, second by Heeter, all voted to approve a plat, “SUNRISE SHORES,” as submitted by Wurm-Paumen Properties LLC, a limited liability company, fee owner of the following property described in part as: Part of the West 40 acres of Gov. Lot 2, Section 32, Twp., 120, Rge. 27, lying Ely of a line commencing at the NW corner of Gov. Lot 1, and a 66 ft. strip of land over part of Gov. Lot 3; with all outstanding taxes, including green acre liability, if any having been paid; the park dedication fee has been paid (#98296); the roads have been accepted by Albion Township; and the title opinion prepared by John Peterson, Attorney at Law, has been reviewed by Thomas C. Zins, Assistant County Attorney, who finds the plat to be ready for recording.

Gruber provided an aggregate tax update. As of January, 2003, any aggregate materials mined in Wright County are subject to an aggregate tax. Letters are sent quarterly to the owners and operators of land mined. Reporting is on an honor system and is not policed. The letter encourages haulers/owners to express concerns on reporting. Final payments for 2003 are due 1-15-04 (billed quarterly). Approximately $135,800 has been collected thus far. These funds will be distributed as follows: Road & Bridge (60%); Township or City (30%); and Reserve Fund for Restoration of Abandoned Pits & Quarries on Tax Forfeit Land (10%). The 30% for the Township/City will be distributed to the Township/City where the gravel originated from. Checks will be sent to the taxing jurisdictions around 3-1-04. The Road & Bridge fund budgeted $50,000 for this tax and will actually receive about $81,500. Discussion followed on the gravel and state taxes. Sales tax is a State tax and the County would have no control of it. Material extracted must be reviewed to determine whether it is subject to the aggregate tax. Clay is not taxable. When it is mixed with Class 5 it is. Once crushed, materials become a manufactured product and considered taxable. The aggregate tax is not a sales tax but a production tax on aggregate produced in a county (township) or imported into the county (township). Abatements of aggregate tax may be allowed. Asleson could research statutes to determine the appropriate action if a situation would occur where collection of past tax was required. Planning & Zoning informs the Auditors Office of hearings for mining or permits to mine.

Discussion followed on the interpretation of the aggregate tax. Counties and townships who own or lease their own pits are not required to pay the tax (extracting and using for their own roads). An exemption to the tax was made for contracts which were in place prior to 7-1-02. Asleson said if the township hires a private contractor to do the extraction they will pay the tax. If they perform their own extraction and hauling, they will not. Sawatzke referred to the Aggregate Material Tax Informational Brochure which states, “If a government unit (township, city, county or state) owns or leases an aggregate pit, there is no aggregate material tax when the governmental unit removes aggregate for its own use or hires a contractor to crush and remove the aggregate for its own use. The tax is imposed on every operator in the business of removing aggregate material for sale. There is no operator within the statutory definition, and no tax due.” Asleson said this situation would hold true if they held a lease on the pit or owned it and hired the contractor to do the hauling and crushing. Eichelberg commented that he felt the County did well for its first year. Procedures can be reviewed and any corrections can be made for next year. Russek said if Wright County would not collect the tax, any county that the tax was exported to could then collect. This was provided as an informational item.

The claims listing was reviewed. Gruber referenced page 21, Elmer J. Peterson Co. ($350.00). The claim is for repair on Ditch 34 in Franklin Township. Ditch claims are normally approved on the Agenda but as the work was previously approved by the Board, the claim was placed on the commissioner’s warrants. On a motion by Russek, second by Eichelberg, all voted to approve the claims as listed in the abstract, subject to audit.

Mary Anderson, Extension, presented a plaque to Jim Barthel for service on the Extension Committee (February, 1998 to December, 2003). Barthel served as the District 2 representative and completed two 3-year terms (maximum allowed). Barthel was involved with the Cluster Advisory Committee, provided direction to the Cluster Community Resource Person, served on two interviewing committees, and served the past two years as the Chair of the Extension Committee. The past year was challenging with the changes that occurred in the Extension Office and appreciation was extended to Barthel for his leadership during the transition. He was thanked for his service. The replacement for Barthel was discussed. Anderson is to research what districts are currently represented on the Committee and provide that information to the Board.

Tom Salkowski, Planning & Zoning Administrator, recommended accepting the findings and recommendations of the Planning Commission for denial of the following rezoning and authorize signature on the Notice and Order of Denial: Mark & Tammy Axford (Corinna Twp.). The Planning Commission recommends denial of the request to rezone from AG to R-2. Minutes and findings adopted by the Commission were provided. Salkowski requested that the record reflect that the Axfords were not present at today’s meeting and a copy of the Notice and Order of Denial will be mailed to them. Russek moved to accept the findings and recommendations of the Planning Commission and to authorize signature on the Notice and Order of Denial, seconded by Mattson. It was noted that the township did not object to the proposal. Russek said the request does not fit into their land use plan. The motion carried 5-0.

On a motion by Russek, second by Mattson, all voted to reappoint Lawrence Baumen to the Planning Commission for a three-year term. Baumen is the member that is required to serve on the Planning Commission and Board Of Adjustment.

The Board discussed the Agricultural Inspector services. Asleson referenced a memorandum he sent to the Board in the early part of January outlining reasons the County may still be required to have an ag inspector. In summary, it appears in statute that local weed inspectors (city & township) take direction from the county’s ag inspector. Asleson was unsure as to whether this is how it is in practice. As of last year, the State no longer oversees county ag inspectors. He said the County should have an ag inspector but felt the County could lessen its involvement without repercussion. Even though the State elected to remove themselves from this function, there are still references in statute that the State is to provide initial training. Sawatzke said the Township Officers discussed the ag inspector position and for the most part, they did not feel they were getting a lot of service from the weed inspector. Russek said there were mixed results as to whether an ag inspector was needed. Mattson questioned whether the weed inspector inspected companies that sell seed. Regarding qualifications, it was felt that the ag inspector had to be a licensed inspector. Norman said the ag inspector provides an annual report so the 2003 report should be forthcoming. He suggested the Board discuss the terms and the conditions of the contract with the ag inspector. Russek moved to refer the ag inspector services to the next Ways & Means Committee meeting scheduled for 1-28-04, seconded by Heeter, carried 5-0.

Resolutions of support were submitted for approval by the Highway Engineer for three proposed enhancement projects for FY 2007 TEA-21 funding. Eichelberg moved to adopt Resolution #04-01, resolution of support from sponsoring agency for the Maple Lake Trail Project Phase II, seconded by Mattson, carried 5-0 on a roll call vote. Heeter moved to adopt Resolution #04-02, resolution of support from sponsoring agency for the Annandale Trail Extension-2006, seconded by Mattson, carried 5-0 on a roll call vote. Russek moved to adopt Resolution #04-03, resolution of support from sponsoring agency for the Autumn Oaks Trail, seconded by Eichelberg, carried 5-0 on a roll call vote.

The Highway Engineer submitted a request for approval of a candidate project for submittal to Mn/DOT to apply for federal TEA-21 funding for Fiscal Year 2007. The below listed project is recommended to be submitted to Mn/DOT as a candidate project for federal funds, which would require 20% local funding if federal funds of 80% are granted: CSAH 19, Regrading, base, bituminous, $5,000,000 Total Cost, $4,000,000 TEA-21 Amount. Sawatzke stated this was recommended for approval at the last Transportation Committee Of The Whole Meeting. Eichelberg moved to approve, seconded by Russek, carried 5-0.

Bills Approved

Albertville Body Shop, Inc. 800.58

American Institutional Supply 155.07

Ameripride Linen and Apparel 148.52

Ancom Technical Center 1409.81

Aramark Correctional Services 9239.37

Auto Glass Center, Inc. 320.93

B&B Products, Inc. 400.00

Barthel, James 173.24

Beaudry Oil Co. 2223.50

Buffalo City 21,470.71

Bureau of Criminal Aprehensn 225.00

Cassidy Realty & Appraisal, Inc. 475.00

CDW Government, Inc. 8127.38

Cellular 2000 of St. Cloud 131.49

Center Point Energy 12,146.98

Centra Sota Lake Region LLC 10,866.30

Central MN Mental Health Cntr 290.00

Climate Air 5192.45

Commissioner of Transportation 1256.82

CPS Technology Solutions 195.00

Dental Care Associates of Buff 231.00

Department of Public Safety 8555.00

Design Electric, Inc. 385.20

Feddema, Tom 113.76

Force America, Inc. 909.22

Frontier Precision, Inc. 133.66

G&K Services 1432.28

Glunz, Raymond 200.00

Hillyard Floor Care Supply 1230.42

Holiday 2394.01

Interstate Battery Sys of Mpls 146.86

Intoximeters, Inc. 259.49

Junction Towing & Auto Repair 130.46

Kandiyohi County Auditor-Treas. 815.45

Keepers, Inc. 730.00

Kramers Hardware 180.17

Lake Superior College 325.00

Lakedale Telephone Company 424.47

A.J. Machinery Co., Inc. 318.45

Maco 175.00

Marco Business Products 2012.05

Marks Standard 737.09

Martin-McAllisters Consulting 700.00

Masys Corporation 325.00

Medical Evaluations, Inc. 1200.00

Medicine Shoppe, The 0906 311.19

Minnesota Corrections Associat 100.00

MN Dept of Correctinos 16,250.00

MN Juvenile Officers Assn 165.00

MN Society of Prof Surveyors 150.00

Monticello Ford Mercury, Inc. 438.68

Monticello Times 171.72

Monticello City 383.47

Network Tool Warehouse 449.85

Nextel Communications 1916.99

North American Salt Co. 28,883.32

Office Depot 2666.91

Onyx 14,888.57

Passig, Michael 154.26

Pats 66 168.00

Pawelk, Lori 750.00

Peterson, Elmer Co. 350.00

Precision Dynamics Corporation 183.88

Precision Prints of Wright Co. 107.35

Rockford Township 2842.17

Russell Security Resource, Inc 470.67

Ryan Motors, Inc. 375.93

Setina Mfg. Co., Inc. 712.63

Simplex Grinnell LP 408.96

St. Cloud Times 169.00

St. Paul City 300.00

Stieg, Theresa 493.50

Stockholm Township 1140.00

Stoll, Brian 171.36

Unlimited Electric, Inc. 1052.04

Verizon Wireless 1226.55

Wal-Mart Store 01-1577 190.81

West Publishing Payment Ctr 5292.56

Wright County Highway Dept. 2121.74

Wright County Journal Press 383.62

39 payments less than $100 1926.67

Final Total $187,074.59

The meeting adjourned at 10:00 A.M.


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