Wright County Board Minutes

APRIL 6, 1999

The Wright County Board met in regular session at 9:00 A.M. with Mattson, Eichelberg, Sawatzke, and Russek present. Commissioner Jude was absent at the beginning of the meeting.

The minutes of 3-30-99 were corrected by Eichelberg as follows: Page 2, 4th paragraph, 5th sentence should read, "The County Board conveyed to Weldele that it may not be in the County's fiscal interest to proceed with lowering the lake to save 20 acres of marginal land." Motion to approve the minutes as corrected was made by Russek, seconded by Eichelberg, carried 4-0.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #3, "Cokato Bakery" (Mattson). Consent Agenda Item E1 was changed to "Authorize Salary of Communications Officer Sarah Hall at Step 3, Eff. 1-27-99." The request originally was to refer this issue to the Personnel Committee per Richard Norman, County Coordinator. At today's meeting, Norman withdrew the request to refer the item to the Personnel Committee. On a motion by Eichelberg, second by Russek, all voted to approve the Agenda as amended.

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

A. ADMINISTRATION

1. Performance Appraisals: S. Backes, Admin.; R Thielen, L. Thingvold, Assr.; G. Hansen, Bldg. Maint.; L. Oestreich, Hwy.; C. Morgan, Sheriff.

2. O/T Report, Period Ending 3-19-99.

3. Refer MN Benefit Assoc. Voluntary Group Dental Plan To Labor/Mgmt. Insurance Committee.

4. Claim, MCIT, $587.00.

5. Claim, MCIT, $1,000.00.

6. Refer to Building Committee:

a. Floor Covering, Communications Center.

b. Government Center Faucets.

7. Reappoint Ozzie Arlien To Personnel Board Of Appeals; Term To Expire July 1, 2001.

B. AUDITOR/TREASURER

1. Approve Renewal of Seasonal On Sale Beer License - "Whispering Pines" (Corinna Twp.)

2. Claim, Computer System Products Inc., $251.13 (Fund 34-HSC).

3. Claim, Hello Direct, $35.99 (Fund 34-PW).

4. Certificate of Substantial Completion - KUE Contractors - Public Works Building.

C. HIGHWAY

1. Approve 1999 Maintenance Agreements Between Wright County and Eight Cities.

2. Promote Kevin Johnson, Hwy. Tech. II to Sr. Construction Tech., Eff. 4/7/99, Step 7, & Authorize Replacement.

D. PLANNING & ZONING

1. Adoption of Ordinance Amendment.

2. Approval of Request to Rezone Approx. 53 Acres From AG to A/R (Jerry & Amber Andrews).

E. SHERIFF

1. Authorize Salary of Communications Officer Sarah Hall at Step 3, Eff. 1-27-99.

2. Acknowledge Appointment, Andrew Galles, Deputy Sheriff, Grade 5, Eff. 4-12-99.

Commissioner Jude joined the meeting at 9:05 A.M. Doug Gruber, Auditor/Treasurer, relayed that he had not been contacted by the DNR regarding the Gary Gutzwiller request to clean out County Ditch 21 (City of St. Michael). Gruber said based on his knowledge, Gutzwiller can maintain the ditch to the level it is at as long as there is no cost to the County. Kerry Saxton, SWCD, responded by letter as to his recommendation for approval based on the following stipulations: "That the landowner be required to have his agent provide a survey after the work is completed to verify what was done. Side slopes of the ditch currently range from about 1:1 to almost vertical in some areas; they should be shaped at no steeper than 1.5:1 and stabilized by mulch and erosion netting if needed. Due to the depth of the ditch and the increased flow we are expecting this ditch to carry, erosion is a definite concern." At today's meeting, Saxton indicated that there is a lot of silt in the ditch area controlled by the County. The downstream area has a rock bottom and erosion is seen. The ditch is approximately 10'-12' deep. Saxton stated that the survey appears to be close to the elevation of the old ditch. He said he did not have a problem with approving the request for cleanout if the stipulations put forth are met. Due to anticipated future development in the area, Saxton recommended that the Board review petitions to cross the ditch and for outlets to the ditch as separate issues.

Scott Meyer, Meyer-Rohlin, representing Gutzwiller, said the first condition set by Saxton to complete a survey after clean out would be acceptable. However, he said they would prefer not to meet the conditions for the slope of the ditch due to the existing vegetation that has stabilized the ditch and the requirement of a wood fiber blanket on the entire area. Meyer indicated that their equipment will be able to access the ditch from the top without disturbing the banks. Relating to proposed residential housing development in the area, Sawatzke said the safety issue relating to the slope of the ditch must be addressed. Meyer felt this should be addressed during site grading of the area. Eichelberg left a message for the St. Michael City Administrator as to whether he had any concerns, but did not hear back from him. Mattson suggested using Joint Ditch 4 in Woodland Township as a model for work that needs to be completed if safety is an issue. Sawatzke said he could approve the request if the recommendation from the SWCD were followed, otherwise he thought the ditch should be reviewed again. After further discussion, Mattson moved to lay this issue over. A meeting will be held with the SWCD, Meyer, Eichelberg and the City of St. Michael in an attempt to find a solution acceptable to all. Otherwise, the minimum standards should be determined. Motion carried 5-0 on a second by Russek.

Relative to the tax forfeit property in Cokato (old bakery), Mattson moved to direct the Parks Department to cover the windows with plywood this week. Jude seconded the motion and it carried unanimously.

The claims listing was reviewed. Mattson referenced the PCMT bills which were pulled from the last claims listing and were placed on this listing for approval. Mattson requested that the County Attorney's Office direct correspondence to PCMT requesting a breakdown of charges. Brian Asleson, Assistant County Attorney, said that Capt. Torfin has been in contact with PCMT. The request by PCMT is to pay them directly, but it is felt that the vendors who provided the service may not be paid if this is done. The concern regards the County's reputation as these vendors will be used in the future. It is understood that PCMT is having financial problems with the counties it contracts with. On a motion by Russek, second by Jude, all voted to approve the claims as listed in the abstract, subject to audit.

Brian Asleson, Assistant County Attorney, referenced Resolution #98-63, adopted by the County Board on 12-8-98, which approved changes in the County's Deferred Compensation Plan. Correspondence was subsequently received questioning whether the appropriate Trust Agreement was put into place. Asleson stated it appears that the Trust Agreement had not been presented for approval. Mattson moved to approve and authorize signatures on the Trust Agreement as presented, seconded by Russek, carried 5-0.

At 9:30 A.M., Sawatzke closed the bidding process for Contracts 9901 & 9903 (1999 Overlays). Wayne Fingalson, Highway Engineer, said two contracts are used due to prevailing wage requirements for those projects which are state funded. Fingalson opened and read the bids received:

Contract 9901: Bituminous Overlay Improvements and Patching. Engineer's Estimate (w/Alt.) = $1,342,000.

Name of Bidder - Buffalo Bituminous, Inc.; Include Bid Bond and Ackn. of Addendum #1 - Yes; Base Bid CP 86-31-99, CP 86-137-99, CP 86-37-991, CP 86-37-992 - $1,208,714.33; Contract Patching Alternate Bid CP 86-31-99 (Reclaim) Engineers Est.: $40,000.00 ­ $35,874.85; TOTAL (w/Alt. Bid) - $1,244,589.18

Name of Bidder - Hardrives, Inc.; Include Bid Bond and Ackn. of Addendum #1 - Yes; Base Bid CP 86-31-99, CP 86-137-99, CP 86-37-991, CP 86-37-992 - $1,798,195.38; Contract Patching Alternate Bid CP 86-31-99 (Reclaim) Engineers Est.: $40,000.00 ­ $41,539.30; TOTAL (w/Alt. Bid) - $1,839,734.68

Name of Bidder - Bauerly Companies; Include Bid Bond and Ackn. of Addendum #1 - Yes; Base Bid CP 86-31-99, CP 86-137-99, CP 86-37-991, CP 86-37-992 - $1,227,953.39; Contract Patching Alternate Bid CP 86-31-99 (Reclaim) Engineers Est.: $40,000.00 ­ $29,455.14; TOTAL (w/Alt. Bid) - $1,257,408.53

Contract 9903: CSAH 35 Overlay & Montissippi Park Improvements. Engineer's Estimate (w/Alt.) = $1,373,000.

Name of Bidder -Buffalo Bituminous, Inc.; Include Bid Bond and Ackn. Of Addendum #1 - Yes; Base Bid CP 86-780-993 (Montissippi Park), SAP 86-635-28 (CSAH 35) - $1,384,345.30 Alternate Bid SAP 86-635-28B (CSAH 35) Engineers Est. $118,000 - $119,066.70; TOTAL (w./Alt. Bid) - $1,503,411.25

Name of Bidder -Hardrives, Inc.; Include Bid Bond and Ackn. Of Addendum #1 - Yes; Base Bid CP 86-780-993 (Montissippi Park), SAP 86-635-28 (CSAH 35) - $1,883,179.94; Alternate Bid SAP 86-635-28B (CSAH 35) Engineers Est. $118,000 - $187,120.85; TOTAL (w./Alt. Bid) - $2,070,300.79

Name of Bidder -Bauerly Companies Include Bid Bond and Ackn. Of Addendum #1 - Yes-Bid Bond; No-Ackn. Addendum #1; Base Bid CP 86-780-993 (Montissippi Park), SAP 86-635-28 (CSAH 35) - $1,315,742.64; Alternate Bid SAP 86-635-28B (CSAH 35) Engineers Est. - $121,829.10; $187,120.85; TOTAL (w./Alt. Bid) - $1,437,571.74

Russek moved to lay the bids over for Highway Department review and recommendation, seconded by Eichelberg, carried 5-0.

The meeting recessed at 9:47 A.M. and reconvened at 10:00 A.M.

Tom Salkowski, Planning & Zoning Administrator, referenced the Findings of the Planning Commission and their recommendation for denial of the request by Superior-FCR Landfill for rezoning of 40 acres from Agricultural (AG) to Waste Handling and Disposal District (WHD). The County Board received this material along with a box of background material (including the information & videos relating to the Planning Commission meetings of 1-28-99 and 3-4-99, submissions from Superior-FCR Landfill and opponents to the landfill). Salkowski stated the Public Hearings on this issue have closed but suggested that the Board may want to consider taking public comment. Salkowski said the recommendation, as submitted by the Planning Commission to the County Board, is to adopt the Findings. Jude asked Salkowski if he was aware of anything illegal going on. Salkowski responded that he was not aware of any illegal activity.

Rod McGillivray, General Manager of Superior FCR Landfill, addressed the Findings. He said the claim was being made that Superior did not identify any changes in the goals and policies of the communities as reflected in the policy plan that would support the request. He believed the request was being reviewed today due to changes in the zoning ordinance and in the rapid growth of the County. He said the rezoning request is to help meet the changing conditions of the County. Landfills do not fill their entire permitted space at one time but in phases as it is needed. McGillivray said the intent to expand was known as early as 1996. He said that after the requirement of the EIS, the MPCA was pretty much ready to issue the permit based upon the technical and environmental issues before them. He said the EIS has provided all of the technical support for expansion. The technical support was provided by Superior to reduce any potential problems that could create a problem with the environment. McGillivray said they cleaned up the old landfill with no revenue being realized and spent a lot of money to close it. Proper gas collection systems were installed to protect the groundwater and he said it is evident that they are working.

McGillivray referenced actions taken by the County. He claimed the item before the Board today was to eliminate landfills from Wright County. Four waste handling districts were created in the County, including two landfills already closed, the compost facility and the Superior FCR landfill. He said Superior does not have a problem being governed by the County on operations and felt that the County had taken some good steps, although there were some he did not agree with. He said rezoning was necessary to provide for the continuing and growing needs of the County and not to do so would eliminate landfilling from the County. McGillivray said the County did not restrict other businesses from growing. He referenced today's Consent Agenda where the County Board approved rezoning approximately 53 acres from AG to A/R. He said the request from Superior is approximately half of that amount of acreage. If the intent is to preserve ag land, these types of approvals should not be taking place. He said the County also does not restrict the export of electricity or agriculture to other counties. McGillivray stated the County has offered no other option for Superior but to proceed with litigation and they were forced to do so to protect their interests.

McGillivray referenced the litigation that has taken place thus far. The first litigation filed went to appeals court. He said the courts did not rule on the merits of the case and requested that the case be filed in the local courts. Superior chose not to do so. McGillivray said a major suit has been filed and is scheduled for court in 2001. He said great legal expense would be accumulated until that time on the rezoning issue. He did not feel this was necessary and felt that both parties should discuss the issue. Another lawsuit has been filed in local court pertaining to the definition of a property line. A local judge rendered a decision and the County has elected to appeal the ruling in appellate court. McGillivray expects the same ruling in the appellate court which will take place in 5-6 months. He said this would delay them past the construction season for this year and is another indication of the County's intent to close the landfill.

McGillivray claimed some of the complaints regarding noise, odor and litter were justified while others were not. He said the number of complaints increased with their permitting attempts. McGillivray said the major problem with the odor was due to a demo project by the MPCA for leachate recirculation and that it was working better than imagined. It created more gas in the consolidation of the bio-degradation of the waste mass and is like a large bio-reactor. He said they recently installed equipment to eliminate the odor problems by installing gas collection lines within the leachate recirculating lines. They recently were granted permission to run the system 24 hours per day rather than just when the landfill was operating. They installed a new flare system with a larger motor to collect more gas that may be escaping from the landfill. He said they are working with haulers on noise complaints.

McGillivray said one Commissioner had never been to the landfill. Superior decided that maybe they should meet with County officials without McGillivray present, but the Board did not want to meet or did not respond at all. He claimed he recently heard that one Commissioner stated that Superior officials were liars. McGillivray said he planned on pursuing this comment and would like it retracted or justified. He requested that Superior be given an opportunity to meet with the Board prior to the vote to address environmental and technical issues. McGillivray's request was for the Board to contradict or rule against the Planning Commission recommendation and approve the request for rezoning. Otherwise, he requested the Board table the issue to set up a committee meeting to discuss the issues and to address some of the concerns. This would reduce litigation costs.

Marc Rise, resident of Monticello Township, spoke on behalf of the SLOPE group. His recommendation was for the Board not to approve the zoning request nor the expansion of the Superior landfill. He recognized that the Board must make decisions that may disappoint County residents, but he did not feel a decision to allow the expansion of the landfill would be in the best interest of the residents. He said Wright County did not need a landfill and to allow expansion is counter to the State's policy on landfills. He stated that all landfills will cause pollution and Wright County citizens will have to bear the cost of cleanup. Rise said this request is the first step toward a 400+ acre regional landfill and that the expansion of the landfill is not intended to meet the needs of Wright County. Assuming that all Wright County waste went to the landfill, 90% of what is delivered is from outside of the County and is hauled in from a 100 mile radius. Rise stated the existing landfill would have been adequate for Wright County waste for 30+ years had it been used exclusively for Wright County. He said Superior claims that Wright County has a moral obligation to accept waste from outside the region. He thought that waste already accepted would meet any moral obligation. Of the 87 counties in Minnesota, only 26 have any form of waste disposal. He referenced the claim by Superior that the cost of garbage disposal would be raised in Wright County if the landfill were not allowed to expand. He pointed out that the proposed landfill expansion is for an industrial landfill and that Wright County municipal solid waste would not be permitted to go to this landfill. To allow expansion of the landfill would be to add more capacity, thereby driving down the cost of landfilling which will increase the amounts landfilled as opposed to more responsible methods of waste disposal.

Rise said all landfills pollute. With reference to McGillivray's claim that the MPCA is presumably going to approve the EAW, he stated the MPCA doesn't decide whether having a landfill is good or bad. They decide whether the proposed landfill meets the requirements of the state and federal governments. He also pointed out that the standards and regulations have a significant amount of input from the waste handling industry. Rise said today's standards may not be adequate to deal with the waste handling problem. He said the MPCA does make mistakes and do not always do what is best for the surrounding areas (i.e., problems realized with Koch Refinery). The landfill has been called state-of-the-art which implies that it is completely safe. Rise said the waste is captured within a liner system and that keeping pollutants from the water is only as good as the liner. The manufacturer's warranty is for 20 years, but is limited. Rise said state-of-the-art landfills have not been around long enough to know how they will work in the future and statements have been made about the support received from engineers. He knows of many other engineers in the community who are concerned with the liner. Rise said the pollution potential will last forever even though the design of the system may not. The landfill will require on-going maintenance as long as it is in existence. Superior would be responsible for clean up for 30 years post closure, but the responsibility and true costs of disposing after that time will rest with the citizens of Wright County and future generations. The larger the landfill becomes, the greater the problem will be.

Rise said Superior's long term plans are for a regional landfill of 400+ acres as indicated in statements and correspondence to the County Attorney. He said that Superior has publicly stated that they need to grow and increase the value of their stock to deliver profits to their shareholders. He referenced the statement made in their annual report that the strategy is to achieve that growth through acquisition of landfill capacity and hauling capabilities, as a means of entering the market, to aggressively sell their hauling services capturing a greater percentage of the market share of their hauling operation. He said their goal is to increase their internalization rate and strive to haul all garbage to their landfills. He said granting this request today would create a snowball effect and only lead to another request for expansion. Rise stated based upon testimony and letters from city councils and the Township Officers Association, there are a great number of citizens in Wright County who agree with SLOPE's concerns. Lawsuits filed by Superior were referenced and their claim that they regret having to do so. Rise said each time Wright County doesn't react to their request, Superior files a lawsuit. Rise did not feel the costs of litigation should be coupled to this decision for expansion. Although approving the request for expansion would avoid litigation costs at this time, future expansion requests may be presented by Superior or others. He felt that the County may have to bear some costs to defend the policy in order not to set a precedence. Regarding neighbors of the landfill, he felt the number of complaints could be far greater, but many have taken the attitude that complaining may not do any good. He posed the scenario of a resident owning 40 acres with one house and requesting to build another. He said the request would be denied and did not feel there could be two sets of rules, one for large companies and one for small homeowners. In conclusion, the citizens of SLOPE urged the Board to deny the zoning change for the expansion of the landfill. Their perspective was that it was not in the best interest of the citizens of Wright County, not only for today's citizens but for the generations to come.

John Simola, resident of Otsego, has helped manage garbage for the City of Monticello as their Public Works Director for the last 20 years. He said he was opposed to the rezoning. He stated the County took the State's direction with the Wright County Solid Waste Plan. He claims he has heard everything with regard to construction of a landfill. He said even with the best planning, it is still doomed to fail. Landfills have industrial waste and the liners fail. He said the daily operation of a landfill is critical, as well as control of what is placed into the landfill, but that the landfill operator is motivated by profits. He said there will most likely be a major impact on the County 30 years after closure and that spending funds today to avoid a problem may save money in the future. He referenced correspondence from the City of Monticello regarding the expansion not being in the best interest of the County or the City. Simola questioned how long the landfill will impact residents in the areas of groundwater, air quality and noise. He said neighbors have already had a 30 year impact. Simola said the landfill operators will not be around nor the industry that built the mound, but our future generations will be.

Jude asked Simola whether the City of Monticello has an old landfill within City limits. Simola stated there is an old dump which they continue to research and test. They have not found anything yet but will continue testing. Jude pointed out that the water table in Monticello is very shallow, that this was an unlined landfill, and that they have not realized any problems thus far. Simola stated the Monticello landfill served only a small group of residents with household waste (not industrial).

Ralph Ordorff, Chair of Buffalo Township and Chair of the Wright County Township Association. Ordorff questioned why Wright County must take garbage from elsewhere. The last he had heard it was being accepted from 11 counties. He referenced the vast amount of garbage that is brought in by trucks, semis and trailers. He said the compost facility was also going to be a "bed of roses". Ordorff referenced the vote taken last year by the townships against the expansion, and was not sure if any had changed their minds. He could see accepting Wright County and several neighboring counties garbage, but did not feel it should come from places like St. Cloud and Little Falls. Jude stated he was at the Township Meeting Ordorff referenced and that a scientific vote was not taken. He spoke with some of the Township Officials after the meeting and they indicated that they did not want to get involved. Ordorff referenced the letter that the Township Association sent opposing the request for expansion. Sawatzke said he also attended that meeting and those who did vote unanimously voted to oppose the request.

Grace Pederson said Wright County was making a moral decision regarding the expansion of the landfill, that it was a moral decision regarding the environment. She questioned how long the quality of the County would be in existence if the landfill were allowed to expand. She referenced semis delivering waste at 12:00 a.m. Jude responded that it is easy to go along with what is morally right, but it is their responsibility to do what is legally correct. Sawatzke noted that rhetorical questions were being asked and that anyone was allowed to respond to them.

David Pederson has lived next to the landfill since the 1970s and has seen it expand from a local landfill. He told a story on how they acted responsibly to neighbors complaints about an animal they owned. He referenced the many complaints referencing the landfill by neighbors and how Superior has not responded to them. He requested that the expansion not be approved.

Greg Kramber, property owner in the area, felt the Board should support the County offices and procedures. He said he supported the SLOPE organization. He also referenced the bio-reactor which Superior referenced and was concerned with the potential problems it may cause. He thought the cost would be 100 fold to repair versus court costs expended now to avoid problems.

At 10:50 A.M., the public comment period was ceased.

Sawatzke said he had the opportunity to attend the two Public Hearings and hear each side of the issue. He also reviewed the boxed information referenced at the beginning of the meeting. He said that having read through the material and information used to get to the Planning Commission's recommendation, he would agree with them and was prepared to support them today.

Russek serves on the Planning Commission and was present for all discussions. He referenced McGillivray's claim that the Board refused to talk with Superior. Russek said he stated in the beginning that he would not discuss the issue with either side prior to the hearing process and he made his decision to vote against the request based upon the information he heard.

Mattson watched the video on the hearings and also took his own garbage into the site. There was a large amount of truck traffic and he did not recognize the names of the haulers delivering to the site. Mattson referenced a comment made previously by former County Attorney Wyman Nelson, who stated that 10-15% of the garbage delivered to the landfill was from Wright County. Mattson said that the attorney representing Superior said this was wrong. Mattson has asked for the information to support this and has not received it. He referenced claims in the newspaper that the County Board does not want to meet with Superior. He referenced a meeting held when discussion involved the compost facility, and response was supposed to be received from Superior but was not received until sometime later. Mattson said a lot of things are not happening that were supposed to be taken care of.

Mattson obtained information on landfill problems, including material from other countries. Mattson referenced McGillivray's comments that Wright County is expanding. Mattson said he didn't know if 10% of the garbage entering the landfill was from Wright County. Mattson also referenced comments made by Superior that if the expansion is not approved, it would put Superior out of business. Mattson researched and found that Superior owns many facilities all over the country. He did not envision that denying them expansion would put them out of business. He agreed with the Planning & Zoning recommendation to deny the request to rezone.

Jude referenced costs associated with litigation and said the County must be fiscally responsible. He didn't feel that the County needed outside counsel with relation to the lined or unlined property issue. He said they must not get too personally involved. He respected the neighbors and said he would not want to live next to the landfill. Jude said the Board must look at what is legal and that is why he asked whether something had been done illegally. He said the permit request is for 40 acres and that is what the Board must focus on at this time. The projections made of 500 acres are just projections. He referenced newspaper articles which reflected who was against the expansion. Jude stated there were a couple of communities in his district who supported the expansion. The ratio of calls he received were 5:1 in favor of the expansion. He said he would like the garbage to leave the County, but referred to garbage being hauled in from elsewhere when the County attempted to make the compost facility work. He said odor complaints were received at that time. Jude referenced the findings of fact. He said access to public roads cannot be denied and that federal funds are received for maintenance. Restrictions by weight and class can be imposed. He said that the roads were used when the compost facility was open. He said he was not in support of Superior but wanted to make life easier. He said Superior has the legal right to sue the County, that the issue would be taken to court and the judge would render a decision. He suggested a group of citizens and new County players meet and bring back commonalities. He said he would vote against the Planning Commission recommendation as every avenue had not been examined. Jude stated that Superior has the legal right to do business in Wright County and the County should attempt to work something out with them.

Sawatzke alluded to Jude's comment about whether anything illegal had been done and Salkowski's response. Although Superior may have violated a few PCA rules over the years, he did not believe that was the major portion of the hearings. Sawatzke said it was a major policy decision on the rezoning of property. If the vote is approved to rezone the property it would be legal to place the landfill there, otherwise it would not be. He said the Wright County Land Use Plan is used by Planning & Zoning on a daily basis. The County has taken the position to preserve ag land. In reference to Jude's comment on phone calls received, Sawatzke said only two people had called him stating they had seen the Superior ads and were in support of the landfill expansion. He had received many more calls in opposition, but it was review of the records and specific arguments that made up his mind. Sawatzke then referred to Jude's suggestion of bringing in new people to discuss the issue with Superior. He stated the Wright County Board was elected to make these decisions and for them to get out of the process would be irresponsible on their part.

Russek said he did not recall mention of illegal activities in the Planning Commission hearings. He said the Planning Commission based their decision on facts and that Superior did not meet the criteria for an expansion.

Jude then read the following statement for record, "My vote to oppose the motion to deny is based on: 1) The outcome of today's vote was decided many months ago. We just filled in the blanks to justify the end. 2) I will not be a part of putting any company out of business that is doing legal business, simply because we don't like the business they're in. Who is next? 3) The findings of facts I believe will be turned over by the Courts. A couple of examples are: the County uses State & Federal aid on its roads and can't deny public use. When the County operated the compost site this wasn't a problem. When the compost site was in operation the smells complaints were ignored. 4) The EIS came back as adequate by the MPCA Citizens Board. Some people just don't want the expansion to happen. 5) The unwillingness of the County to try and negotiate to see if there is some common ground. Form a citizens committee and meet. 6) I believe it is the intention of a few people in the County to close the landfill simply to reopen the compost site. 7) I do respect the concerns of the neighbors and if I lived next to a landfill I would be concerned. But as in airports in the city and gravel pits anywhere neighbors just don't want them. I will operate within the laws I swore to uphold."

Russek moved to accept the recommendation of the Planning Commission to deny Superior-FCR Landfill, Inc.'s request to rezone 40 acres from AG to WHD and to adopt the findings of the Wright County Planning Commission, seconded by Mattson.

Eichelberg said he was the new Commissioner representing the eastern portion of the County. He read the following statement for record, "It is not that I have not researched, read much, talked to numerous people, citizens of Wright County, experts, professionals and I still have more questions than answers concerning the landfill. In the best interest of all the residents of Wright County I think there should be an acceptable compromise. If a compromise is not reached this issue will be decided in court with an all or nothing decision."

The motion carried 3-2 with Jude and Eichelberg casting the nay votes.

A Building Of The Whole meeting was held on 3-30-99. Eichelberg moved to approve the minutes, seconded by Russek, carried 5-0. A summary of the minutes follows:

Claims: After review of claims referred to the Building Committee from the 3-30-99 County Board meeting, the consensus was for all bills to come before the Committee before being placed on the Board Meeting Agenda, with approval for payment by Engel. Engel recommended payment of the two claims as well as and anticipated bill for approximately $20,000 the beginning of April for aluminum framing. Regarding a water leak at PW, Engel and Scott concur that this was probably due to the flashing not being completed and is likely the area where heat escaped resulting in ice buildup this winter, and that KUE is responsible for fixing the problem and any subsequent damage repair. Scott and Engel agreed that there will still be approximately $100,000 unpaid to KUE plus the performance bond of 5% of $1.36 million and felt this should be sufficient to cover masonry, roof problems, etc. Regarding the masonry, Scott felt there would be no problem after the building has been cleaned and dried.

Final Completion Date: The final completion date is 4-15-99. A letter was sent by the Attorney's Office informing KUE that after 4-15-99 the County will have work done by another contract and charged back to KUE. Engel suggested a letter be sent to KUE requesting they attend the 4-13-99 meeting to discuss the 4-15-99 completion date. Three leaks have been identified at the HSC and Scott will research them.

Additional Claims Held Over From 3-16-99 Committee Mtg.: A claim for $1,824.14 to Buetow & Associates was pulled several months ago. The claim was being held for assurance that two items would be taken care of by Buetow (replacing outside lights at PW and replacing the boiler pumps). Engel stated the amount remaining to be paid Buetow is the retainage of $2,500-$3,000. The boiler pumps would be done as an addition to the contract for KUE to do the work for warranty purposes with reimbursement by Buetow. Compensation will be determined once a price has been obtained. Consensus was to hold a $1,824.14 bill and $606.65 bill for discussion at the next meeting. The amounts left to be paid are $51,882.76 for HS and $71,593.69 for PW (figures after payment of the two claims approved earlier in today's meeting). A bill from Braun Intertec, $373.75, was held over. Scott said KUE will pay the bill. The bill is not to be paid by the County per Scott Builders.

Project Update: A signed off punch list from KUE has not been received; O & M manuals are not fully complete; and record drawings were received 3-29-99. At the 3-16-99 meeting, Scott recommended that Buetow review the documents which will result in a service charge as the services are beyond the contract. This can be charged back to KUE but requires prior written notice from the Attorney's Office. The County Attorney requested a complete listing of items exempt from the 4-15-99 completion date to be included with the letter from the Attorney's Office. Engel and Scott are to establish the exemption list.

Electrical: A payment to the electrical contractor was pulled last month due to problems. Engel reported the electrical inspector feels the work meets code, but noted that the contractor does not check every outlet. Scott stated the County should not have to pay for inspections and tests when the County is paying the contractor to properly construct a building. Engel did not recommend for KUE to have his electrician do the inspection. Sawatzke requested Engel provide Hayes with the criteria for inspection and to obtain a price from an electrician.

Masonry: Prices were obtained from three places to test the walls at PW. Quotes ranged from $500-$3000 for visual inspection to cutting out joints for testing. Engel will send a letter to KUE including the information from Scott regarding masonry testing.

Folding Partition: The consensus was to send a letter to KUE releasing them from liability for rewiring to one key.

Vinyl-PW: Consensus was that Buetow and KUE need to resolve problems with the vinyl.

Voice/Data Update: The same cooling problem exists at the PW v/d room as at HSC. The paging system is not reaching into the Parks, Sign and welding areas. Consensus was to grant approval to obtain a price for three speakers as well as combination locks for the v/d rooms. The last move to HSC is scheduled for 4-1-99.

Courthouse Remodeling: Discussion included departments requiring additional space. Sawatzke requested that Hall Associates draft a proposal to amend the 1995 space plan to the year 2010. Sawatzke requested that Hall consider additional costs in the current projections due to problems with the mechanical engineer.

A Communications Committee meeting was held on 3-31-99. On a motion by Jude, second by Russek, all voted to approve the minutes as presented.

Computer Aided Dispatch & Mobile Data Terminal (MDT) System. Thinesen reported the need to update and add software to the Computer Aided

Dispatch and MDT System. The cost is $13,850 with a $50 per month fee. In a related matter, he is also requesting ENFORS System modifications for four fire departments. The cost is $2,960. On a motion by Eichelberg, second by Gruber, the Committee recommended approval of the requests with funding to come out of the E-911 Fund.

Lakedale Link 911 Agreement. Helgeson explained that it is a State requirement that the County review and sign off on 911 Agreements to assure integration in to the overall E-911 system. On a motion by Eichelberg, second by Hozempa, the Committee recommends approval of the Agreement. The County Attorney's Office will be asked to review the Agreement prior to the next Board meeting.

Historical Society Request, OPX Lines. Dircks stated that they are requesting two off site extensions to our telephone system. One will be for a new employee who has been working without a telephone and the other will be for a FAX line. They will be billed direct by U.S. West. The cost for installation is $425 and $275 respectively. There will be a $32.22 charge per month for each line. The Historical Society will assume all costs. Dircks assured the Committee that these costs will not impact their allocation request next year. On a motion by Gruber, second by Eichelberg, the Committee recommends approval of the request.

Building Care Radios. Norman stated that now that custodians are maintaining the Public Works Building and Human Services Center they are not able to communicate using the existing portable radios. Craig Hayes and Al Buskey analyzed four possible solutions to the problem. Based on input from Helgeson it was the consensus that this item requires more research. It will be placed back on the Committee agenda once the research has been completed.

Y2K Item. Swing and Helgeson asked that the Committee consider adding this issue to the Agenda. They were just made aware of a problem yesterday. Motorola has informed us that the Mobile Data Terminals are not Year 2000 Ready. Thus, in order to be Year 2000 Ready we must purchase one upgrade kit, $700, and upgrade software licenses for all MDT s, (40 x $130) $5,200. On a motion by Eichelberg, second by Gruber, the Committee recommends approval with funding to come out of the E-911 Fund.

A Personnel Committee meeting was held on 3-31-99. Russek moved to approve the minutes, seconded by Eichelberg, carried 5-0. A summary of the minutes follows:

Recruitment/Retention Problem, Cook: The Committee reviewed data on recruitment efforts since early December. Variables impacting recruitment include wages and scheduling. A survey was completed of neighboring counties. Consensus was for Lindell to discuss with Sheriff Hozempa the concept of contracting for meal service provided the Cook Supervisor is retained as a County employee. Torfin will contact Best representatives regarding a proposal for service.

Pre-Employment Physicals: Problems have been incurred with the inability to schedule more than one physical per week. Buffalo Hospital is performing this service and requested physicals be limited to one per week during the cold and flu season. Buffalo Hospital has been very cooperative over the years. Recommendations: 1) Seek alternatives to be used as a backup when Buffalo Hospital patient demands impact our hiring schedule. It was suggested that the new clinic in St. Michael and one in Monticello be contacted. 2) Review current policy to determine if current job classifications requiring pre-employment physicals should be revised due to changes in State and Federal laws

Jude moved to adopt Resolution #99-24 amending Resolution #99-23 naming Tri-county Action Programs (Tri-Cap) as applicant for the MHFA Family Homeless Prevention & Assistance Program. Eichelberg seconded the motion and it carried 5-0 on a roll call vote.

Jude requested that the SWTF Committee Meeting Minutes be placed on the County Board Agenda of 4-13-99 for review.

Bills Approved

Active Logic Corporation 200.00

Advanced Graphic Systems Inc 185.85

Airtouch Cellular Bellevue 1443.15

AMI Imaging Systems Inc 2620.20

APEC Corporation 449.40

AT&T Wireless Services 204.71

Automatic Garage Door Co 223.96

George Bakeberg 721.20

Barton Sand & Gravel Co 7238.26

Lawrence R. Bauman 822.60

Beaudry Propane Inc 1434.87

Betmar Languages Inc 752.07

Bowman Distribution 449.14

Boyer Truck Parts 173.64

Bryan Rock Products 116.91

Buffalo Clinic 451.50

Buffalo Emergency Physicians 185.00

Buffalo Hospital 565.85

Cargill Inc. Salt Division 8646.50

Carver County Treasurer 1043.16

Central Glass 706.14

Central Lock & Safe 309.00

Centrasota OMS PA 317.00

Chamberlain Oil Co 1735.00

Collins Communications 4342.99

Computer System Products Inc 280.62

Construction Market Data 269.70

Consulting Radiologists Ltd 105.00

Crow River Tools 284.09

CT Farm & Country 315.00

Datalink 6442.70

Decorative Designs Inc 175.53

Delano Municipal Utilities 104.96

Ralph D. Douglas 498.58

John R. Dziuk 880.20

Eull's Auto Brite 130.00

Tom Feddema 180.73

Greg Findley 300.00

Wayne Fingalson 109.64

David P. Fundingsland 479.59

GE Capital Information Tech 664.82

Douglas M. Gruber 170.83

Hance Cable Testing-Locating Inc 198.54

Harbor Freight Tools 270.39

Virgil Hawkins 271.00

Dr. Edward Henk 259.16

HIllyard Floor Care 11010.72

ICMA 145.00

Institute for Forensic Psych 1950.00

J Craft Inc 1874.25

Johnson Controls 190.90

Ken Jude 205.96

K&M Manufacturing 248.16

Kemske-Oswald Co 131.37

Bernard Kirscht 233.48

Klatt True Value Electric 204.52

Greg Kramber 161.82

Erick Kunkel 287.50

Eric Leander 137.50

Lee's Farm & Garden Store 221.68

Little Falls Machine 859.93

Loberg Plumbing & Heating Co 2200.00

Marco Business Products 617.27

Richard Mattson 107.17

McLeod County Auditor 184.61

Roger F. Millner 401.22

Minnesota Elevator Inc 745.00

MN Assn. of Public Safety Comm 155.00

MN Planning Association 255.00

Mobil Oil Corporation 154.91

Moore Medical Corp. 254.16

MTI Distributing Co 537.94

North Memorial Health Care 2841.52

Northern States Power Co 204.45

Office Depot 2132.73

Denise Olson 187.55

Parr Emergency Product Sales Inc 599.40

Pat's 66 108.00

Dave Peterson Monticello Ford 361.51

Phoenix International SC 2026.00

PSC Supply 316.89

Dr. Harold Rask 250.00

Roche Diagnostic Systems 500.00

Royal Tire St. Cloud 4039.01

Donald M. Schmidt 262.32

Sheriff's Youth Program of MN 2627.52

Shoplifters Alternatives 994.62

Sioux Sales Co 174.05

Sirchie 102.75

Special Operations Training Assn 230.00

Spectra Precision Surveying 11517.43

Sprint 151.87

State Supply Co 680.47

Stearns Inc 598.26

Streicher's 1595.33

Tessman Seed Co. Inc 406.92

Trueman Welters Inc 350.16

Ultramar Diamond Shamrock 104.66

Unique Photo 447.50

United Parcel Service 118.36

Unitog Rental System 191.93

Western Gas Utilities 331.87

Wright Medical Clinic 236.00

David Zylstra 295.80

911 Emergency Products Inc 287.75

48 payments less than $100 1972.76

Final Total 108,449.86

The meeting adjourned at 11:24 A.M.

Patrick Sawatzke, Chairperson

ATTEST: Richard Norman, County Coordinator


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