Wright County Board Minutes

APRlL 7, 1998

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

Motion to approve the minutes of 3-31-98 was made by Russek, seconded by Mattson, carried unanimously.

Petitions were accepted to the Agenda as follows: Aud./Treas. Item #3, "County Ditch 28 Request" (Russek); Hwy. Engineer Item #5, "Set Letting Date for 1998 Bituminous Overlay and Patching Contract" (Norman); ltem For Consid. #1, "Refer Pamida Parking Lot and Boulevard lssues to the Building Committee" (Jude); ltem For Consid. 112, "Select Auction Service for Wright County (Norman). Sawatzke moved to accept the Agenda as amended, seconded by Russek, carried unanimously.

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


1. Performance Appraisals: S. Backes, Administration; R. Johnson, G. Hansen, Bldg. Maint.; L. Oestreich, Hwy.; B. Gabrelcik, B. Stueven, Recorder.

2. Approve Hire, Kathy Gramsey, Administrative Clerk, Step 2, Eff. 4-8-98.

3. Set Labor/Management Health lnsurance Committee Meeting, 4-22-98 @ 9:00 A.M.

4. Approve Premium Payment For Boiler & Machinery lnsurance Renewal, $9,264.

5. 1998 Mortgage Revenue Bond Allocation, $1,803,463; Auth. Signatures on Agreement, Authorize Payment of Allocation Deposit, $18,034.63 and Processing Fee, $360.

6. Authorization to hire a Student lntern for the Summer.

7. Authorize Ralph Borell to Work Out-Of-Class as Parks Administrator, Step 1, Eff. 4-20-98.


1. Wright S&W Conservation District Claim, $51,000 (1997 Grant Fund Co. Reimb.).

2. Buetow & Assoc. lnc., $3,848.12.

3. Approve Hire, Judy Ahlm, Payroll

Clerk, Eff. 4-20-98, Step 7.


1. Approve Hire, Barb Peterson, Senior Clerk, Eff. 4-6-98


1. Authorization to fill the Senior Clerk Position vacated by Judy Ahlm.


1. Distribute 1997 Parks Department Annual Report.


1.Accept Resignation of David Kaufman, Asst. Environmental Health Officer, Eff. 4-3-98 & Auth. Replacement.


1. Acknowledge Retirement, Charles L. Nelson, Deputy Sheriff, Eff. 5-29-98 & Auth. Replacement.

2. Acknowledge Resignation, John Rex, Communications Officer, Eff. 4-14-98 & Auth. Replacement.

Darla Groshens, Auditor/Treasurer, received a Tax lncrement Financing Hearing notice from the City of St. Michael. The Hearing will be held on 5-12-98 at 7:00 P.M. to consider the establishment of TIF 2-1 within District 2 for the construction of commercial development. Russek moved to acknowledge receipt of the notice, seconded by Mattson, carried unanimously.

Russek brought forth a request to review County Ditch 28 due to standing water near Dalton Avenue. Russek moved to authorize himself and Mattson to view County Ditch 28 on 4-14-98 at 1:30 P.M., seconded by Mattson, carried 5-0. Groshens was directed to provide a listing of property owners on County Ditch 28.

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

Jude said as a recommendation from the Building Committee Of The Whole, discussion involving the Pamida location (hereinafter referred to as Human Services Center) parking lot was referred to the Building Committee. Jude moved to refer the Human Servlces Center parking lot and boulevard issues to the Building Committee meeting of 4-8-98 at 9:00 A.M., seconded by Sawatzke, carried 5-0.

Referred from the last County Board meeting, discussion commenced on the Wright County Tobacco Ordinance. Brian Asleson, Assistant County Attorney, presented Draft #3 of the Ordinance for review. Considerable discussion followed on administration of the ordinance. Asleson explained that the Auditor's Office will handle licensing and collection of administrative penalties from licensees/employees. Asleson discussed the collection of penalties from minors with Joe Backes of the Court Services Office. Backes, a Probation Agent, works with first-time offenders. A meeting will be scheduled to discuss the possibility of coordinating collection of the minors penalties through the Court Services Department. The consensus was to direct Asleson and Groshens to develop an action plan which will outline the process of implementation of the Ordinance. This action plan will not be brought back for Board approval but it was requested that it be developed by the effective date of the Ordinance. Discussion followed on insurance coverage to those providing volunteer service during compliance checks. in 1998, a State grant will be used to help defer costs of the compliance checks. Asleson said that those volunteers aiding in the compliance checks while the County is utilizing State grant funds would be considered State employees. Jon Young, Human Services, is working with the Attorney's Office in the development of a waiver form for volunteers. In situations where volunteers are not covered under State grants, the position that MClT has taken is that the volunteer would be covered to the extent that other County volunteers are covered. Workers Compensation provisions prohibit coverage for injuries to volunteers.

Groshens recommended an Ordinance effective date of 6-1-98, as notices must be provided to retailers, cities and townships. Corrections to Draft #3 of the Ordinance were presented. Asleson corrected Section 13 (Violations) Subd. I (Notice) to read: "Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation." Asleson corrected Section 13 (Violations) Subd. 2 (Hearings) to read, "If a person accused of violating this Ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator." Section 14 (Penalties) Subd. 1 (Licensees) will read, "Any licensee found to have violated this Ordinance, or whose employees shall have violated this Ordinance, shall be charged an administrative fine of $75 for a first violation of this Ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period; and $250 for a third or subsequent offense at the same location within a twenty-four month period. in addition, with a third or subsequent offense, the license shall be suspended for not less than seven days." The fine for the third offense was added to comply with State law. Jude moved to accept the language changes to the Ordinance as presented with the implementation date of 6-1-98. Motion carried 5-0 on a second by Sawatzke. A summary of the Ordinance follows: The Wright County Tobacco Ordinance is designed to comply with the mandates of Minnesota Statutes, Section 461.12. The Ordinance provides for the licensing and regulation of the retail sale of tobacco products in Wright County. The Ordinance also provides for regular compliance checks to insure that licensed retailers are not selling tobacco to minors. Persons violating the Ordinance, as well as minors possessing or using tobacco may be assessed a civil administrative fine, as set out in the Ordinance. A printed copy of the complete text of the Ordinance is available by contacting the Office of the Wright County Auditor during regular business hours.

The licensing fees were discussed. It was clarified that licenses are effective for one year from the date of issuance. Some cities and townships were issuing licenses for periods of less than one year awaiting the adoption of the County's Ordinance. Some may retain issuance of licenses under their jurisdiction instead of referring that responsibility to the County. Sawatzke moved to adopt Resolution 98-14 establishing the fee for licensing of establishments engaging in the retail sale of tobacco products at $75.00 per year, with said fee to be effective until further resolution of the County Board, seconded by Russek, carried 5-0 on a roll call vote.

Bill Swing, MIS Director, addressed the Joint Powers Agreement for the Buffalo Wide Area Network-Fiber Project. Two years ago the Buffalo Technology Task Force was formed with the objective of a community shared fiber network resource. Swing said the County's participation will result in reduced costs and will provide a link for external communication. The Joint Powers Agreement has been reviewed by the Attorney's Office. Swing said that Section 7 (Board) and Section 8 (Board Meetings) could be omitted. Section 2 (Service and Performance) provides very strict standards due to the fiber carrying the voice and data functions for the County. Swing said that Phase 1 of the project (fiber run between the City of Buffalo and the Government Center) has been completed. Phase 11 (fiber run to the Public Works site) has not been completed. Jude did not approve of the fiber being run into the Government Center with the assumption that the County would connect to it and pay the City of Buffalo. He felt this should have been discussed by a Committee. Rose indicated that the Communications Committee has been updated with progress on this issue. Swing compared the fiber run to a utility provided by the City, and he said the fact that the termination point is on the wall of the Government Center does not obligate the County in any way. Russek concurred, stating that the County can purchase the service if it is desired. He added that this fiber run came at an opportune time in relation to the Human Services Center and Public Works construction projects. Asleson suggested that Section 7 (Board) and Section 8 (Board Meetings) be struck from the Joint Powers Agreement language. Language stating that members from each unit will meet as the need arises and that meetings shall be scheduled as requested will be inserted into the Agreement. A signature line for the County Coordinator will also be added. Russek moved to enter into the Joint Powers Agreement with the City of Buffalo for the Buffalo Wide Area Network-Fiber Project, seconded by Sawatzke. It was clarified that there will be a total of 6-8 fiber runs required. Motion carried 4-1 with Jude casting the nay vote.

Swing requested authorization to release and distribute a copy of the Request For Proposal (RFP) for the Phone System Upgrade, Human Services Center and Public Works Building. He explained that there will be a very tight schedule to accommodate with the Human Services Center and a critical component for the data/voice portion is the phone system upgrade. Although an ambitious time line, he said the County would realize cost savings if the Public Works staff used the fiber network while housed at the Human Services Center. Russek moved to authorize release of the RFP "Phone System Upgrade" for the Human Services Center and Public Works Building and to establish a bid opening date of 4-28-98 at 10:00 A.M. Motion carried unanimously on a second by Jude.

The County Board discussed the Funding Participation and Construction Agreement between Wright County and the City of Buffalo for the Traffic Signal System at Jct. CSAH 35 and CR 134. Wayne Fingalson, Highway Engineer, distributed a revised page 4 of the Agreement which was completed at the recommendation of the Attorney's Office. The revisions related to a mutual hold harmless agreement (Article 5) and employees of the County and the City remaining employees of their separate jurisdictions (Article 6). Item D on page 3 was changed to read, "The City will reimburse the County 1/3 of their share of the project costs each time that one of the first three possible quadrants at this intersection are annexed into the City limits. Payment shall be made to the County within 30 days of annexation." Jude moved to approve the Agreement with noted changes, seconded by Russek, carried unanimously.

Bids for Seasonal Requirements were opened at the Ways & Means Committee Meeting on 4-7-98. On a motion by Russek, second by Jude, all voted to award the Contracts for Seasonal Requirements as recommended by Fingalson:

Aggregate Crushing & Stockpiling: Award to Fairway Construction, Inc. of Hector, MN at total bid price of $24,500.

Corrugated Steel Pipe Culverts and Metal End Sections: Award to Contech Construction Products of Shakopee, MN, at $36,066.75.

Equipment Rental: Accept all bids, as per the attached listing.

Pavement Markings: Award to A M Striping of Rogers, MN, for a total (County portion) of $157,500.00. Yellow Paint ($8.60/Gal.) and White Paint ($8.60/Gal.). Includes Yellow and White Paint applied plus Flotation Glass Beads applied.

F. & I. Rubberized Crack Seal Material: Award to ASTECH CORP. of St. Cloud, MN at unit price of $0.589/lb.

Contract Sealcoating: Award to ASTECH of St. Cloud, MN, for Total Base Bid of $81,934.04, Alternate A, $27,026.88.

Plant-Mixed Bituminous Mixture ($/Ton): Accept all bids. Award Item #3-Winter Mix to Bauerly Brothers Companies. Note that the 1st price is per ton unit price and the 2nd price is 100+ ton/day unit price:

Buffalo Bituminous, Inc., Buffalo, MN ­ ITEM 1 3/4" Bit. Mixture: $19.80/ton, $18.80/ton; ITEM 2 1/2" Minus Bit. Mix: $20.80/ton, $19.80/ton; ITEM 3 Winter MIx: No Bid, No Bid; ITEM 4 Fine Mix: $21.20/ton, $20.20/ton

Commercial Asphalt Co., Maple Grove, MN ­ ITEM 1 3/4" Bit. Mixture: $19.70/ton, $18.70/ton; ITEM 2 1/2" Minus Bit. Mix: $20.70/ton, $19.70/ton; ITEM 3: No Bid, No Bid; ITEM 4: No Bid, No Bid

Mid-Minnesota Hot Mix/Annandale Rock Products, Annandale, MN ­ ITEM 1 $23.75/ton, $20.25/ton; ITEM 2 1/2" Minus Bit. Mix: $23.75/ton, $20.75/ton; ITEM 3: No Bid, No Bid; ITEM 4: $28.75/ton, $20.75/ton

Omann Brothers, Inc., Albertville, MN ­ ITEM 1 3/4" Bit. Mixture: $19.25/ton, $18.75/ton; ITEM 2 1/2" Minus Bit. Mix: $20.35/ton, $19.85/ton; ITEM 3: No Bid, No Bid; ITEM 4: $21.50/ton, $20.50/ton

Bauerly Brothers Co., Sauk Rapids, MN ­ ITEM 1 3/4" Bit. Mixture: $18.95/ton, $18.95/ton; ITEM 2 1/2" Minus Bit. Mix $19.80/ton, $19.80/ton; ITEM 3 Winter Mix: $28.75/ton, $28.75/ton; ITEM 4: $20.95/ton, $20.95/ton

Bituminous Road Materials: Award bid for MC800 to Koch Materials of St. Paul, MN, at $.7864/Gal.

Sand and Rock ($/Ton):

FA-1: Barton Sand & Gravel Co., Osseo, MN - $1.75; Mid-Minnesota Hot Mix/Annandale Rock Prod., Annandale - $2.48; Bauerly Bros., St. Cloud - $1.29

FA-1 (MOD-Y): Barton Sand & Gravel Co - No Bid; Mid-Minnesota Hot Mix/Annandale Rock Prod. - $4.24; Bauerly Bros., - $4.99

FA-1 (MOD-X): Barton Sand & Gravel Co - No Bid; Mid-Minnesota Hot Mix/Annandale Rock Prod. - $4.24; Bauerly Bros., - $4.99

FA-3 (MOD): Barton Sand & Gravel Co - No Bid; Mid-Minnesota Hot Mix/Annandale Rock Prod. - $5.85; Bauerly Bros., - $4.99

Class 5: Barton Sand & Gravel Co - $2.85; Mid-Minnesota Hot Mix/Annandale Rock Prod. - $2.68; Bauerly Bros., - $2.45

Washed 3/4" Rock: Barton Sand & Gravel Co - $7.30; Mid-Minnesota Hot Mix/Annandale Rock Prod. - $7.07; Bauerly Bros., - $8.00

Riprap Rock: Barton Sand & Gravel Co - No Bid; Mid-Minnesota Hot Mix/Annandale Rock Prod. - $14.29; Bauerly Bros., - $13.00

As presented by the Highway Engineer, Sawatzke moved to adopt Resolution 98-15 vacating a segment (approximately 0.05 acres) of CSAH 75 R/W to the Monticello School District, which will be conveyed from the School District to the Monticello/Big Lake Hospital. Motion was seconded by Mattson. Jude referenced the Board's recent action on vacating an easement in the Clearwater area where landowners were assessed $250 each for administrative costs. Sawatzke explained that past practice has been when R/W property is vacated to a public entity, it is generally given to them whereas private parties may be assessed. Motion carried 5-0 on a roll call vote. Jude moved to authorize signatures on the quit claim deed, seconded by Mattson, carried unanimously.

Fingalson said that at the last ATP Meeting, he learned that Wright County was unsuccessful in obtaining federal funding for the Highway 14 project. Even though CSAH 14 was in position to receive federal funds after the former Region 7W Technical Committee review, the policy making group moved other projects above CSAH 14. Funding was awarded to an enhancement project for Stearns County and a street project in Elk River. One possibility of receiving funding would be through additional funds from lSTEA Reauthorization, but the chance is slight. Fingalson explained the difference between a Federal Aid Road Project and an Enhancement Project. Enhancement Projects are those which involve things other than normal road and bridge projects (i.e., bike and recreational paths). Federal mandates require certain allocations to enhancements, railroads and bridges. Bridge and road projects can be prioritized due to technical ratings, however enhancement projects do not receive technical ratings. During the last ATP meeting, discussion occurred on changing the process for the future. One of the projects that did receive federal funding was the 2nd phase of the Lake Wobegon Trail, which is a recreational path being developed in Stearns County (this is a trail that is scheduled to eventually extend to Superior Wisconsin). Although an important project, it does take funding away from road and bridge safety projects like that of Highway 14. Fingalson and Mattson said that all members of the former 7W Region last year gave up points in favor of the crossing over Hwy. 55 and the railroad tracks. Even though this was done, Highway 14 was still in a position for receiving federal funding. However, the policy making group placed other projects ahead of the Highway 14 project.

Fingalson requested that a 5-Year Hearing be set to discuss modifying the 5-Year Plan. Rose felt that the Transportation Committee of The Whole (TCOTW) should meet to review priorities before they are presented to the public. Fingalson stated that public input is important in setting the priorities. He requested that if a TCOTW meeting is set, he would also like to discuss the CSAH mileage situation. It appears the City of Clearwater will delay action on the revocation changes for the commitment of funding toward the CR 118 project. He said the Highway Department would like to present another plan relating to CSAH mileage which does not involve any cities. Mattson moved to establish the 5-Year Hearing for 5-7-98 at 7:30 P.M. in the County Board Room. Motion carried 5-0 on a second by Jude. Russek moved to set a TCOTW meeting for 4-20-98 at 9:00 A.M., Commissioners Conference Room, seconded by Jude, carried 5-0. The Agenda will be to review the 5-Year Plan and to discuss the State Aid Status of CR118 and other options.

Fingalson requested that the Board set a letting date for the 1998 Bituminous Overlay and Patching Contract, which would include approximately 12.4 miles of contract patching at various locations throughout the County. Jude inquired whether this contract could include patching of the lot at the Human Services Center. This issue will be discussed by the Building Committee. Fingalson said the work could either be completed by a contractor or with the Highway Department's paver. Mattson moved to set the letting date for 1998 Bituminous Overlay and Patching Contract for 5-5-98 at 9:30 A.M., seconded by Russek, carried 5-0.

Bills Approved

The Achievement Center 1785.52

Albertville Body & Fender 3060.87

Alternative Micrographics Inc 149.85

American Institutional Supply 215.05

AT&T 383.49

Automatic Garage Door Co 128.41

Betmar Languages Inc 142.80

Buffalo Collision Repair Inc 1150.00

City Buffalo 17051.16

Central Glass 357.48

Civic Research Institute Inc 259.90

Computer Training Internationl 1170.36

Jerome Dehmer 1000.00

Delano Municipal Utilities 103.68

Emergitek Inc 2991.13

Facility Systems Inc 14663.20

Federated Propane 172.53

GE Capital Info Tech Solutions 2204.55

Joseph Hennen Jr 1660.53

ICMA 145.00

Ken Jude 111.60

KNR Communications Srvcs. In 641.51

Maple Lake Lumber Co 790.71

Masys Corporation 1575.03

Metro Commercial Service 118.95

MN Alcohol Traffic Safety Assn 170.00

Dennis Moeller 269.76

Motorola Inc 20681.88

Margaret Munson 185.38

Nena of Minnesota 125.00

Northern Hydraulics Inc 115.17

Office Depot 1047.96

Ponderosa Properties a Partner 4102.20

R&O Elevator Service 622.68

John Reid and Associates 470.00

Royal Tire-St. Cloud 1176.18

Sheriffs Jail LInkage System 1800.00

The Sportmans Guide 3093.97

Streichers 844.10

Swanston Equipment Corp 7242.00

Tires Plus 128.37

Total Printing 133.77

Underwater Schools of America 381.14

Unitog Rental System 202.39

Voss Lighting 252.66

Western Gas Utilities 631.45

Wright Soil & Water Cons Dist 51000.00

Zep Manufacturing Co 178.13

Airtouch Cellular 1577.99

Albinson, Inc 316.38

American Business Forms 1039.89

Annandale Advocate 140.00

AT&T Wireless Services 227.04

Baers Body Shop 487.00

Buetow and Associates Inc 3848.12

Buffalo Hospital 207.50

Bureau of Criminal Apprehensn 160.00

Central Tractor Farm & Ctry 369.97

Co-op Industries Inc 660.78

Francis Dehmer 1000.00

Thomas Dehmer 1000.00

East Central Regional Juvenile 6088.80

Enterprise & Dispatch 120.00

Tom Feddema 103.85

Gateway 2000 5259.00

Janet Gholson 323.95

Hillyard Floor Care Supply 1601.07

Interstate Auto 127.80

Kindal Buick-Pontiac-GMC Truck 7096.49

Larson Publications Inc 339.00

Marco BUsiness Products 2077.83

Richard Mattson 119.04

Minnegasco 661.16

MN Assn of Cty Probation Offcrs 275.00

Tracy Morris 118.42

MTI Distributing Co 238.81

Charles Nelson 196.75

Norstan 127.48

Northern States Power Co 142.72

Pagenet 457.56

Precision Prints of Wright Co 203.42

Reentry Services Inc 308.70

Research & Information Technol 313.00

Sherry Schliesing 215.14

Snap-on Tools 114.22

Sprint 196.04

Surveyors Supply Co 501.80

Synchro-Start Products Inc 245.99

Tools Unlimited 841.45

Trimin Systems Inc 72512.14

Uniforms Unlimited, Inc 394.81

Carol Vander Kooi 6312.68

A Weege Construction Inc 2700.00

Wright County Journal Press 206.16

Zack's Inc 3427.77

Ronald Zwieg 1660.54

57 payments less than $100 2,599.67

Final Total $276,150.43

The meeting adjourned at 10:32 a.m.

Judie Rose, Chairperson

ATTEST: Richard W. Norman , County Coordinator

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