SPECIAL MEETNG OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, July 27, 2004; 9:30 a.m.

MEMBERS PRESENT: Commissioners Pavleck, Adee, Hanson, Chezick, Lepper

MEMBERS ABSENT: None

OTHERS ATTENDING: Einar Sundin, Jaci Nagle, Doug Grindall, Richard Lehtinen, Dawn Eve, Mark Hawkinson, Jerry Petermeier, Susan Congrave, Donald Dunbar, Gerard Steele, Kallie Briggs, Terry Murray, Dennis Hummitzsch; Reporters Roger Jerome and Laurel Beager

2004/07-24 Motion by Hanson, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-25 Motion by Hanson, seconded by Lepper to approve the minutes of the July 13, 2004 special meeting. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-26 Motion by Lepper, seconded by Adee to approve payment of the Auditor claims in the amount of $32,847.52, to approve payment of the Public Health claims in the amount of $12,022.79 and to approve payment of Community Service financial and social service program claims and administrative claims as presented. Payment detail is on file in the respective departments. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-27 Motion by Adee, seconded by Lepper amending Board Motion 2004/05-41 correcting the invoice payment to Flaherty and Hood from $4,448.03 to $4,850.74. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-28 Motion by Hanson, seconded by Adee accepting the recommendation of the License Committee to approve two-day On Sale 3.2% Malt Liquor Licenses for August 14 and 15, 2004 and August 28 and 29, 2004 for the Birchdale Softball Club for their softball tournaments. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-29 Motion by Hanson, seconded by Lepper to change polling locations due to building renovations as recommended by the County Auditor/Treasurer: Manitou-Sault Precinct – polling place moved from the Birchdale United Church to the Birchdale Community Center; Kooch Poll 3 – polling place moved from South Falls Fire Hall to the Kootasca Community Action Building. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-30 Motion by Chezick, seconded by Adee to approve the revised IS/400 Disaster Recovery Plan using MCIS as the offsite recovery facility as recommended by the I.S. Manager. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-31 Motion by Lepper, seconded by Adee approving cancellation of the Cooperation Agreement with Aitkin County effective October 1, 2004 for the offsite IS/400 Recovery Facility as counties are now using MCIS as the recovery site. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-32 Motion by Lepper, seconded by Chezick authorizing the Highway Engineer to call for bids for a three-year Mizpah/Northome Area Road Maintenance Contract with no changes in contract requirements as recommended by the Highway Engineer with results to the County Board on August 24, 2004. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-33 Motion by Lepper, seconded by Adee authorizing the Highway Engineer to call for bids for a sander truck and two tandem axle dump trucks to be considered for expenditure in the 2005 Highway Budget with bid results to the Board on September 7, 2004. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 Commissioner Chezick asked about the public dock signs posted in a very narrow section of road by the river at second bridge as he is concerned that advertising the public docks may increase usage in this confined area therefore creating traffic and parking problems. The Highway Engineer stated that there is a Board motion directing that the Highway Department post these signs in this location.

2004/07-34 Motion by Chezick, seconded by Adee accepting the recommendation of the Planning Commission approving CUP #0407 to Grover W. Gillespie to place a billboard on C-1 zoned property in Ray, leased from Joseph Jessop described as Lot 21, Auditors Plat 15, Section 6, Township 68, Range 22. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-35 Motion by Chezick, seconded by Lepper accepting the recommendation of the Planning Commission approving a use permit for the Littlefork Gun Club to re-activate a public shooting range on property described as the East ½ of the SW ¼, Section 36, Township 68, Range 25 with the permit setting hours of operation, requiring the entrance be gated and construction of a berm or fence to prevent ATVs from gaining access to Cross River. (Establishment of the shooting range on this site is contingent on an approved County lease agreement.) Voting yes: Pavleck, Hanson, Chezick, Lepper; voting no: Adee. Motion carried.

000 The Board was provided a recommendation from the Planning Commission to approve a zone change and a use permit for a rock quarry mining operation, hot mix plant and concrete batch plant southeast of Margie for Hawkinson Construction Company. The Planning Commission at the public hearing on this request received strong opposition from the property owners in the Margie area and a petition from the property owners to the Environmental Quality Board was submitted to request that an Environmental Assessment Worksheet (EAW) be done on the proposed mining and plant operation. The Planning Commission’s position was to let the County Board decide on the EAW and the recommendation of the Planning Commission to approve the zoning change and use permit. The Planning Commission in making their decision to approve the project felt that the concerns raised by the area residents could be handled through conditions set in the use permit. Per the Environmental Quality Board (EQB) if the nature of the project is such that an EAW is neither mandatory nor exempt, the County is the appropriate governmental unit to decide the need for the EAW and that no final government approval may be given to the project named in the petition until the need for an EAW has been determined. If the decision is to prepare an EAW, approval of the project must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement is completed. Representatives from Hawkinson Construction Company also believed the concerns raised could be addressed through the permit for operation. Commissioner Hanson received many calls from property owners opposing this plant and mining operation in their area and stated that he needs to weigh their concerns with the need for gravel sources for road projects. He asked if there was a possibility to relocate the site under a land swap. Company representatives stated that the plant needs to be within this vicinity in order to bid on road projects in that area. The gravel source needs to be close to the road projects in order to keep project costs down. They stated the operation would be intermittent and used only to supply material for road projects in that area. It would not be a daily operation and would not operate 24 hours day. A resident from the area stated that zoning this site as manufacturing will impact the surrounding area market value as no one wants to live or purchase property next to a manufacturing plant. The area’s town hall is very close to the area of rock that they will blast and homes in the area are situated on or near this rock ridge and property owners feel the blasting of this ridge will impact their foundations and wells. Lastly, this area has historical value, including the age of the rock and they do not want the area disturbed by this quarry and mining operation. The Highway Engineer stated that attempting to mitigate land owners concerns in the past by looking at a land exchange was not a resolution as no one wanted this type of operation by their property. The gravel sources in the County are depleting and these mining and quarry operations need to exist if we are going to construct and maintain our roads and that the gravel sources need to be in close proximity to road project to keep the cost down for taxpayers. It is also standard procedure for the Company to conduct pre-assessment of properties before the blasting occurs so there is a record to compare to if damages do occur. The Board inquired about the pros and cons if they let the EAW proceed. Company representatives stated that 95% of their documents for the EAW are already prepared as this paperwork was done to support their application to the Planning Commission for the zoning change and use permit. Their concern would be if the EAW process finds that an Environmental Impact Statement would be needed as the timeline and cost for this process would put the possibility of the site to far out to consider for bidding road projects. He also stated that the Board should consider the precedent this may set for deciding other quarry and mining operation requests in the County. The Company chose this site due to the size of the out cropping. The Board felt that the EAW would be a means to get everyone’s side reviewed. The Environmental Service Director stated that the County would have to make the request to the EQB to conduct the EAW and that an independent firm should be obtained to collect and submit the document to the EQP to ensure neutrality. Though supporting the EAW process, some Board members wanted to see a plan at the next meeting as to what is involved in the EAW process and the timeline and who would be performing the work for the EAW before they take action.

2004/07-36 Motion by Chezick, seconded by Lepper to reply to the Environmental Quality Board to conduct an Environmental Assessment Worksheet (EAW) on the quarry and plant operation request by Hawkinson Construction Company on 35 acres southeast of the Community of Margie with Hawkinson Construction Company responsible for the cost of the EAW and the Environmental Service Director responsible to ensure an independent firm is obtained to perform the work necessary for the EAW so that all parties’ interests are represented and to keep the Board informed as to its status. Voting yes: Adee, Chezick, Lepper; voting no: Pavleck, Hanson. Motion carried.

000 The request to support the Planning Commission’s recommendation to approve a zone change and use permit for a rock quarry mining operation, hot mix plant and concrete batch plant for Hawkinson Construction Company is pending the outcome of the EAW.

2004/07-37 Motion by Hanson, seconded by Lepper to approve a service contract with Sharon Knox effective July 24, 2004 to service the Silverdale Canister site due to the termination of the previous service contract as recommended by the Environmental Service Director. Voting yes: Pavleck, Adee, Hanson, Lepper; absent for vote: Chezick. Motion carried.

2004/07-38 Motion by Lepper, seconded by Chezick accepting the resignation of Public Health Nurse Diane Forberg effective July 27, 2004. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Board Chair called for public comment at 11:34 a.m. Donald Dunbar and other area residents requested again that the County resolve the dust problem on the portion of gravel road running in front of their properties due to increased traffic from use of the County’s public water access. The area of road is about ¼ of a mile and has five residential homes on it. Understanding the cost to place bituminous on the road, they are requesting that the County place calcium chloride to resolve the dust problem. The dust is continuous because this road is the only road to and from the water access. Kallie Briggs presented an invitation to the Board to attend events planned for Senator Coleman’s visit to International Falls on August 13, 2004. Gerard Steele informed the Board that he could not attend the meeting earlier and submitted his opposition to the Conditional Use Permit for the Littlefork Gun Club to operate a shooting range at the proposed site as he lives next door and is very concerned about the noise and it will prohibit him from using part of his property for fear of stray bullets. He stated that though people use the site now for shooting, usage will increase dramatically once the range is established. In addition, he informed the Board that there is a trail leading down to the river which is used frequently by the public to access the river for fishing. Establishing the range at this site will prohibit people from using the only access to the river in this area. He believed there are better locations for the shooting range than what is being proposed. He did state these same concerns at the Planning Commission’s public hearing on the use permit request. With no other comment, the Board Chair closed public comment period and stated that items raised in public comment will be added to the agenda today for further review.

2004/07-39 Motion by Adee, seconded by Chezick to approve out of state travel for a social worker to attend drug court training as recommended by the Community Service Director. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-40 Motion by Hanson, seconded by Lepper to approve the renewal of the following service agreements from July 1, 2004 to June 30, 2005 with no change as recommended by the Community Service Director: Northeast Entrepreneur Fund, Rainy River Waivered Services Guardianship/Conservatorship, Rainy River Waivered Services (two agreements and addendum), Raynita Houglum SILS, Interim Healthcare, Ita-Bel-Koo DAC, LITE, Lutheran Social Services Northome SLS, Lutheran Social Services SLS, Northome SLS, ODC, PJ’s Foster and Waivered Services, Papermakers Place, Range Center/NDAC, Ranier Roost, REM SILS, REM SLS, Falls Good Samaritan Center/Rivers Edge Villa. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Community Service Director informed the Board that as of Quarter 2 the 2004 Department Budget is $40,000 in the black (representing county dollars) mostly due to the work the department is doing to save in out of home placements. The Director then reviewed a financial report showing the cost and revenue history for out of home placement which he uses as a guide to control cost.

2004/07-41 Motion by Lepper, seconded by Chezick to approve payment of burial case #1210317 in the amount of $2,021.50. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-42 Motion by Lepper, seconded by Chezick to approve the following Foster Day Care and Day Care licensing recommendations: case #43018 closing home for group family day care at provider’s request; case #56999 relicensing for group family day care for ten children; case #55612 relicensing for family day care for ten children; case #02111 relicensing for a specific child (relative placement); case #67890 relicensing for family day care for ten children; case #38626 closing home per provider’s request; case #13934 closing home for foster care (child returned to parental home). Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-43 Motion by Hanson, seconded by Lepper to add to the agenda the dust problem on a residential section of County Road 195, the location of the shooting range proposed by the Littlefork Gun Club and accepting the invitation from the Chamber of Commerce to attend events for Senator Coleman’s visit to the area. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Board discussed with the Land Commissioner the site location of the shooting range requested by the Littlefork Gun Club due to concerns raised by a neighboring property owner on safety and noise issues as well as stopping access on a public trail to the river. The Land Commissioner previously raised the safety and access issues with the Gun Club. The Club felt that the berms and angle of shooting would control safety concerns but access to the river remains an issue with this site. They did look at other locations but the Club did not have the funds to develop the site (clearing and creating berms). The Board stated their concerns with residential and public safety when accessing land around the shooting range site and with denying the public access to the trail to the river and felt further review of this proposed site as a shooting range is needed.

2004/07-44 Motion by Lepper, seconded by Hanson to create a committee of two Board members, the Environmental Service Director, the Land Commissioner, members of the Littlefork Gun Club and affected property owners to review the safety and access issues involved with the current site location for the shooting range requested by the Littlefork Gun Club and to review other site options. Motion further authorizes the Board Chair to appoint the two Board members to the committee. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried. (The Board Chair appointed Commissioner Pavleck and Commissioner Lepper.)

2004/07-45 Motion by Hanson, seconded by Lepper ratifying the Northern Landscape Region Report and to proceed in the participation with regional landowners to cooperate in implementation and coordination of the Plan as recommended by the Land Commissioner. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

000 The Board discussed with the Land Commission the usage of the public water access on County Road 195 due to concerns raised by property owners that the traffic to and from this water access is creating a major dust problem on the road. The Land Commissioner had no information at this time as to the amount of usage at this water access and stated that the use of the Black Bay sites is down from what they anticipated. The Board agreed to have the Highway Engineer assess the dust situation on the road and report back to the Board.

2004/07-46 Motion by Hanson, seconded by Lepper authorizing Board member’s attendance to events planned by the Chamber of Commerce for Senator Coleman’s visit to the area on August 13, 2004. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.

2004/07-47 Motion by Chezick, seconded by Adee to adjourn the meeting at 2:11 p.m. Voting yes: Pavleck, Adee, Hanson, Chezick, Lepper. Motion carried.