SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 10, 2005; 10:20 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Einar Sundin, Doug Grindall, John Mastin, Dennis Hummitzsch, Tom Worth, Dick Schaak, Eric Norstad, Terry Glowack, Richard Lehtinen, Steve Shermoen, Bob Jamison, Melissa Fuller, Larry and Elaine Beach, Walt Whitbeck, Mark Trompeter, Bill Schafer, Dawn Eve, Brad Knight, Mark Hawkinson, Phil Paulbeck, Faith Rowe, Tim Roche; Reporters Laurel Beager, Roger Jerome, Reed Anderson and Mike Freeman

2005/05-12 Motion by Adee, seconded by Briggs to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-13 Motion by Briggs, seconded by Adee to approve the minutes from the May 3, 2005 regular meeting. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-14 Motion by Lepper, seconded by Adee authorizing the Highway Engineer to call for bids for road centerline and edge striping with authorization to include joint bidding with St. Louis County at the discretion of the Highway Engineer. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-15 Motion by Lepper, seconded by Adee approving a Safe and Sober Grant up to $3,500.00 with no county match for daytime enforcement of the seat belt law for a period to run from May 23, 2005 through June 05, 2005 and authorizing the required County Officials signatures to the Grant Agreement. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-16 Motion by Pavleck, seconded by Lepper authorizing the County to sponsor, as a local unit of government, the Rainy Lake Sportfishing Club’s grant application to the MN DNR for $25,000 for a fishing pier for the Fishing Pond Project on Tax Forfeit Land located by Rainy Lake One Stop with any grant match requirements to be covered by the Rainy Lake Sportfishing Club. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Land Commissioner presented a draft lease agreement with Rainy Lake Sportfishing Club for the Fishing Pond Project on Tax Forfeited Land. The draft was reviewed by the County Attorney with terminology changes but such changes do not impact the conceptual intent of the agreement. Upon review by the County’s MCIT consultant, the Sportfishing Club will need to name the County as an additional insured on their general liability policy.

2005/05-17 Motion by Pavleck, seconded by Lepper to approve a lease agreement with the Rainy Lake Sportsfishing Club to establish a Fishing Pond on Tax Forfeited Land near Rainy Lake One Stop with the Club to name the County as additional insured on their liability policy and with the final lease agreement to have the approval of the County Attorney before executed. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-18 Motion by Pavleck, seconded by Lepper to approve the sale of clay barrow (area located in Township 152, Range 28 in Section 26 and 14) to Rajala Construction for use on CSAH 17 road construction project with price established at $.50 per cubic yard with approximate need of 20,000 to 40,000 cubic yards with agreement to include payment for any timber damage as recommended by the Land Commissioner. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-19 Motion by Adee, seconded by Pavleck approving the annual publication of the Noxious Weed Notice as required by statute and as presented by the Land Commissioner. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Complex Superintendent reviewed the power problem in the historical portion of the Courthouse with two engineers. Currently power is being pulled from the east wing to serve the historical center. There are two options to correct the problem. Increase the power to the east wing or run power directly to the historical center. A proposal was submitted for $1,500 from one of the engineers to conduct a study which will provide a general plan of what has to be done to correct the problem and an estimated cost. Once the study is available, the Complex Superintendent will have a better idea of options and costs.

2005/05-20 Motion by Pavleck, seconded by Adee authorizing the Complex Superintendent to obtain engineering services to conduct a study of the Courthouse power problem and further, authorizing a transfer of $1,500 from the 2005 Project Budget to the Complex Budget to cover the study expense. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-21 Motion by Lepper, seconded by Pavleck authorizing payment from the 2005 Environmental Service Department in the amount of $495 to the MPCA for the Annual Permit Fee and $350 to the Headwaters Rural Utility Association for the Water Quality Coop as recommended by the Environmental Service Director. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-22 Motion by Lepper, seconded by Briggs authorizing payment of $2,190 from the 2005 Environmental Service Budget to the DNR for the under water crossing utility license for the Jackfish Sewer Project. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director informed the Board that as of July 1, 2005 legislation prohibits the disposal of televisions, computers and other electronics with cathode ray tubes in landfills. Market Landfill will continue to accept these products until July 1, 2005. Under the legislation, it is intended that regional drop off centers are established throughout the State at no charge, however, the county will need to cover cost for handling and transporting these items. The Department is recommending charging a fee of $5.00 for a small TV or computer monitor and $10.00 for a large TV with an anticipated start date of June 28, 2005. The fee if charging the customer for the full disposal cost would be $15 to $20 for a computer monitor and $60 or more for a console TV. However, the Department felt if the fee is too high people will find alternative means of disposal. The Board felt further study was needed on setting the fee to actual cost.

2005/05-23 Motion by Lepper, seconded by Adee to defer setting of a electronics fee due to new legislation prohibiting land filling certain electronic items to SWAC for a recommendation after weighing disposal cost and a reasonable fee amount. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 Until the July 1, 2005 deadline and implementation of a disposal fee, the Environmental Service Department recommends a one month county-wide free disposal program for TVs and computer monitors which will be advertised county-wide. The County Board supported the program.

000 The Environmental Service Director provided a request upon direction from legal counsel authorizing commencement of condemnation as deemed necessary for the Jackfish Bay Sewer Project with the request retaining Attorney Steve Shermoen and Attorney Craig Hunter if lead counsel has a conflict of interest. The first need will be resolution for the location of the storage tank. The Committee has researched alternative locations for the holding tank but to date all options in review with the project engineering would require re-engineering of the system and resubmission to the MPCA. However, it was noted that the MPCA needs to be contacted to verify this. The two property owners impacted by the planned tank location do not benefit from the sewer and discussions to this point have not reached mutual settlement for the purchase of the property needed for the tank. The property owners do not want the tank adjacent to their properties and if it is forced on them, they want just compensation. The original plan was drawn based on documentation indicating this property as road right of way and it wasn’t until recently it was found to be in private ownership. Board members expressed strong reservation to start condemnation at this point and felt an appraisal should be conducted and further negotiations done.

2005/05-24 Motion by Lepper, seconded by Pavleck authorizing the expense for an appraisal of the property in which the holding tank for the sewer project would be located with expenditure from the 2005 Environmental Service Budget and authorizing further negotiations with the two property owners for the purchase of the property necessary for the holding tank. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-25 Motion by Lepper, seconded by Adee to table the request to commence with condemnation for the sewer project until a later date. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 Legal Counsel reviewed concerns with the service contract submitted by Ayres Associates for inspection of the sewer project. The original proposal from Ayres to inspect the project was much higher than the $321,000 amount submitted. With this reduced amount, Ayres would not provide an inspector 100% of the time and therefore they could not certify the project to the MPCA (liability risk), so it would require the County to certify the project. Ayres submitted a revised figure of $550,000 in which they would certify the project. In the meantime, Ayres has agreed to a short term agreement to put an inspector on the project as soon as tomorrow until a settlement is reached on a long term agreement. Per legal counsel, options at this time are 1) retain agreement with Ayres at $321,000 with the County to certify to the MPCA; 2) pay the higher amount to Ayres and they will certify to the MPCA; 3) contract for a qualified inspector for the project; 4) get a short term agreement with Ayres until a long term resolution is found. Legal counsel recommends contracting with Ayres for inspection since they designed the project. Commissioner Lepper stated that the contractor is only laying the main lines at this time so a contract for inspection should be able to be scaled down. He also felt the County should seek proposals for qualified inspectors and compare prices to Ayres Associates.

2005/05-26 Motion by Lepper, seconded by Briggs authorizing the Environmental Service Director as advised by legal counsel to obtain a qualified inspector for the Jackfish Bay Sewer Project under a time and material contract for immediate placement and to come back with a recommendation for a long term project inspection agreement to include further negotiations with Ayres Associates. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:26 p.m. Larry Beach stated 110 property owners were paid for their sewer easements (at $1.00) and he feels those requesting more than the dollar should also be paid. He stated that a meeting was held to review line locations in Morrison Point as 13 property owners requested the line run down the UT road and branch off from there. The agreement reached at this meeting rerouted the line but it benefited 4 property owners and no others. He felt more work could have been done to resolve this for the Morrison Point property owners. Melissa Fuller read a letter sent to her from Attorney Shermoen regarding her easement for the sewer. The letter indicates that if they do not give an easement for $1.00 that the property owners will be faced with the cost to hookup the sewer on their property and she felt this was threatening. She also read Mr. Grabe’s letter that was in the newspaper stating the project should stop due to the increasing costs. Mark Trompeter stated that Mr. Garbe was originally in support of the project. The plan has the main line going across the front of his property and he has been unsuccessful in getting someone to talk with him to reroute the line. Mr. Trompeter stated that condemnation is costly and worrisome. Closed 12:27 p.m.

000 The Environmental Service Director requested decisions from the Board on the Hawkinson Quarry Operation in the Margie area. The Board needs to make a decision as to whether there will be significant impact associated with this project and whether an EIS is required and to take action on the recommendation from the Planning Commission to re-zone the area to M-1 and grant a conditional use permit. In January 2005, the Board took action on a negative declaration not requiring an EIS, however, the preceding meeting the Board felt more notice should have been given property owners and the public on the matter and therefore delayed any further action on the project for an additional public comment period. The Board Chair opened session for public comment on the proposed project. Attorney Bill Schafer and a property owner in Margie stated that only 18 pages of the EAW were circulated to the public when the document contained 240 pages so property owners were missing important information about the project and impact to their property. Mr. Schafer stated his concern with changing zoning from residential to M-1 to accommodate a quarry mine operation. He feels this is a big leap and conflicting with the residential zoning that has been established for this area. For at least a predictable future, property owners should be able to rely on a consistent zoning plan. He also stated that the EAW only listed seven wells in this area but property owners have identified many more. Brad Knight believed the people of Margie as few as it may seem to others, deserve the right to have the project go through an EIS. This proposed project will ruin their area with negative change to their environment and community atmosphere. The County should find another way to get aggregate for their roads. Dawn Eve stated her love for her community and asked the Board to not let this project happen in their area. Commissioner Hanson representing the Margie area stated that the County’s aggregate supplies are diminishing and are not a renewable resource. When first presented with this quarry proposal and knowing that Hawkinson Construction is a reputable construction company, he was supportive. He too lives next to an operation of this type and has become accustom to the noise and other impacts. However, based on the information he has gathered to date, he can not support the project and force this on the Margie community or any community for that matter. Commissioner Pavleck visited the proposed site for the quarry operation and found it is very close to the Margie community and homes. He would like the County to look for alternative sites. The Highway Engineer stated there are two possible sites but one is not big enough and he will need to assess the other site as an option. However, he stated that aggregate is scarce in the County and is not renewable. Today it is very hard to find a site that is not privately owned or is not adjacent to private property. Road projects take a lot of aggregate so if the public wants their roads and taxpayers want low prices, we need to establish aggregate supplies. Phil Paulbeck has been observing the process and voiced his concern with the economy of the County. We need development and as difficult as it is, the County has to weigh what is best for all constituents. Faith Rowe, life time resident of Margie, asked why this has to go in the Margie area when there is other rock in the area. Mark Hawkinson stated that gravel is as unique as property. The Company is well meaning and they are not trying to do something irresponsible. They are in the business of road construction and in a competitive market so to keep prices down they need to have the gravel resource in close proximity to the road project. With regards to why the Margie area, this is high quality rock for aggregate base. The operation will be very intermittent and not permanent. In the Big Fork quarry, it was 50 years between uses. Mr. Hawkinson hoped that the issue isn't being caught up in permanency. He feels this quarry project is a benefit to the economy of the County. Tim Roche originally supported the project. He has property in the Margie area for sale. However, to date he has not seen strict enough regulations to control this operation for him to feel comfortable with it. He stated that there have been issues with other quarry mine operations in the County and to prevent another bad situation, we need to put in strict controls. Also, the operation in the Margie area will impact the value of his property. Commissioner Lepper stated that the CUP can make restrictions but not sure if Hawkinson can operate under them. He too would like to see the operation relocated. Commissioner Adee stated good points have been raised on both sides but the Engineer is telling us locations are few so without another site he would support with restrictions. Commissioner Briggs would like to see if an agreement can be made between the Community and Hawkinson Construction. She understands the need for the quarry operation but she is not at a point to support it at the current location. Mark Hawkinson stated that blasting if done right is very controlled and safe. He suggested a compromise of allowing the quarry and not the asphalt plant. Mr. Schafer stated that the asphalt plant was not an issue for him. He is concerned about the major change of zoning in this area and the blasting in short distances from homes.

2005/05-27 Motion by Pavleck, seconded by Lepper to deny the Planning Commission’s recommendation to grant rezoning and a CUP for the Hawkinson Quarry Operation in the Margie area and requesting the Highway Engineer and Land Commissioner to work with Hawkinson Construction to find another location to supply aggregate for County road projects. Voting yes: Hanson, Lepper, Briggs, Pavleck; voting no: Adee. Motion carried.

2005/05-28 Motion by Lepper, seconded by Adee to adjourn the meeting at 2:55 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.