Koochiching County Board Minutes 5-17-05

Board Minutes

for

May 17, 2005

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, May 17, 2005; 10:40 a.m.

OTHERS ATTENDING: Einar Sundin, Duane Nelson, Jaci Nagle, Doug Grindall, Dennis Hummitzsch, Larry and Elaine Beach, Scott Harder, Tony Mueller, Attorney Steve Shermoen, Ron Laurion, Juanita Leolich, Carol Knowles; Reporters Roger Jerome, Mike Freeman and Laurel Beager

2005/05-29 Motion by Adee, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-30 Motion by Briggs, seconded by Adee to approve the minutes from the May 10, 2005 special meeting. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-31 Motion by Lepper, seconded by Pavleck to approve payment of the Auditor claims in the amount of $42,498.75, to approve payment of the Highway claims in the amount of $28,323.25, authorizing Board Chair’s signature to the Auditor’s March and April Vendor Payment Listings verifying their review, and to approve payment to Johnson, Killen & Seiler in the amount of $1,813.50 for personnel legal services with payment from the Administration Budget. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-32 Motion by Lepper, seconded by Adee approving an addendum to the Sunset Cove Waterline Agreement revising the water rates per 1,000 gallons as set by the City of International Falls: next quarter billing in 2005 at a rate of $4.56 per 1,000 gallons, January 1, 2006 at a rate of $4.71 per 1,000 gallons and January 1, 2007 at a rate of $4.86 per 1,000 gallons. Motion further accepts the recommendation of the County Management Committee to further amend the Sunset Cove Waterline Agreement increasing the $.53 cent per 1,000 gallons charge for maintenance and administration to $.70 per 1,000 gallons effective the next billing in 2005. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-33 Motion by Pavleck, seconded by Lepper to adopt the following resolution for the application of Budget FY 2006 IRRRB funds:

WHEREAS, the County of Koochiching (hereafter the “Applicant”) is a governmental subdivision, organized and operating under the laws of the State of Minnesota; and

WHEREAS, the Applicant has a need for a grant to assist with economic development authorities as permitted under Laws of Minnesota for 1987, Chapter 182; and

WHEREAS, the Applicant is submitting its request for application to the IRRRB for Budget FY 2006 grant funds.

NOW, THEREFORE BE IT RESOLVED, that the Applicant’s organization hereby authorizes and approves making application to the IRRRB for FY 2006 funds to assist in economic development.

BE IT FURTHER RESOLVED, that the Applicant’s Board Chair and County Coordinator are hereby authorized and directed to sign and submit application for the said grant monies and all applicable contracts, documents and agreements associated with the grant or the application for it. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-34 Motion by Lepper, seconded by Pavleck to approve a Homeland Security Grant Agreement with the Department of Homeland Security/Emergency Management in the amount of $157,000 with no cash match for the purchase of Interoperable Communications Equipment per bid award under Board Motion 2005/03-27 and further authorizing the Sheriff and Board Chair to sign the necessary documents to execute the grant agreement. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-35 Motion by Pavleck, seconded by Lepper authorizing the following 2005 Information System Budget adjustment to cover the costs of GIS training for the I.S. Technician as a means to step up the I.S. Unit’s skills in the GIS system and with the I.S. Unit cost sharing reimbursement policy to be applied to this GIS training as recommended by the I.S. Manager: transfer $4,000 from 01-060-064.6275 to 01-060-064.6331. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-36 Motion by Lepper, seconded by Adee to table the request by the Northome Fair Board for County assistance in disposing of fill material at the fair grounds until Highway and Environmental staff conduct a site visit to determine the resources needed and the type of material for disposal. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

2005/05-37 Motion by Adee, seconded by Lepper to amend the minutes from the May 3, 2005 regular meeting correcting Linda Stiles’ employment separation date to June 18, 2005. Voting yes: Hanson, Adee, Lepper, Briggs; absent for vote: Pavleck. Motion carried.

000 The Land Commissioner provided the Board a list of the contractors for maintenance at the County parks for 2005. The Land Commissioner informed the Board that though they try to spread the work, the low quote for the Nelson/Upper Sault Park is also the awarded contractor for the Loman Park and unless the Board directs otherwise, the Department will award based on low quote.

2005/05-38 Motion by Lepper, seconded by Adee accepting the recommendation of the Land Commissioner to award low quote for Nelson Park maintenance to Ted Selberg. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 The Land Commissioner reviewed the results of the May 6, 2005 timber auction. All tracts sold at auction resulting in 18,611 cords sold at a total auction value of $975,879. This auction resulted in historical bid prices on some species and it is believed to be the result of the reduction of wood in the market as a result of federal and state governments’ reduction in wood harvest.

000 The Board Chair called for public comment at 11:27 a.m. Larry Beach reiterated his statement from the last meeting that payment for property easements for the sewer need to be settled before anyone will be allowed on their property and that the Board does not respond to their inquiries on this or other matters. The Board Chair stated that with pending and threatened litigation legal counsel advises no discussions. Elaine Beach stated that people at the May 3, 2005 hearing on assessments assumed the hearing would reconvene at the same time yet the agenda has it reconvening at 1:30 p.m. She stated that people are working during the day. Reference was made to the car keying incident after the May 3rd hearing and statements made about the matter. With no other comment, the Board Chair closed public comment.

000 The Board Chair reconvened the hearing from May 3, 2005 for the purpose of establishing special assessments on property in the Jackfish Bay Sewer Project area. Present were the full Board, Financial Consultant Scott Harder, Attorney Steve Shermoen and Tony Mueller from the East Kooch Sanitary Sewer District. The Board Chair announced to those in the audience that if they wish to comment or file an objection on their property assessment for the sewer they need to sign up to present their comment. The Financial Consultant went on to explain the process required for establishing the final assessment roll for the sewer project. First order of business will be to take comment/objections from those signing in today and decide what further action is needed based on comment provided. Second, the Board will address any and all objections to the proposed assessments, first covering those received in writing, then those provided orally and then those received at the May 3, 2005 public hearing. For each objection, the objection will be explained, then a report on field verification or other research along with a staff recommendation. Third, staff will be discussing a procedure for considering deferment of the assessments on vacant parcels. And fourth, the Board will consider adoption of the assessment order. The final assessment roll can be amended up to the certification date to the Auditor in October 2005 based on changes under adopted policies, adding properties qualifying for dwellings due to new construction and other changes meeting the law requirement for revision. The Board Chair opened session to receive comment/objection from those signing in.

Ron Laurion, parcel #15-65-00830 is assessed for two dwellings and one dwelling is a rental unit, the other their residence. He asked if the rental was taken down and a new
dwelling was built in a different location on the property, if there would be an added assessment or hookup charge. Mr. Harder stated the property is assessed as one parcel with two dwelling units and that no new assessment or hookup would be required for two dwellings on the property.

Juanita Leolich, parcel #15-53-00080 has a 12.5 acre parcel and being assessed for 1 dwelling unit. Across the road she has another 9 acres of vacant land and asked how this parcel will be assessed. Mr. Harder after reviewing the proposed assessment roll found that this parcel was not on the list but should be assessed. Based on acreage provided, would qualify for 3 vacant units at $1,899 each. However, Mr. Harder stated that the Board will be looking at a vacant land assessment deferral policy which if approved, would take the 9 acre parcel off the assessment roll.

Carol Knowles, parcel # 15-52-00092 is being assessed for 1 dwelling unit and that they can’t afford the cost of the sewer and have concerns with the line location as in the current location it will require them to find a new location for their well, added cost for them. Mr. Harder after review found the assessment to be accurate as 1 dwelling unit and the line and well location issues should be addressed with the project team and contractor as the line location has to work on the property.

000 Completing the list of those signing up to comment or object to the assessment, the Board Chair closed the public comment period for the property assessments proposed for the sewer project. Next the Board individually addressed the comment/objections filed on assessment matters as a result of the May 3, 2005 assessment hearing.

000 John Burton, parcel 15-73-00332 is assessed for 2 dwelling units but one of the dwellings is a guest cabin used seasonally and infrequently. His objection is that he should not be assessed for this guest cabin as it is ancillary to his main dwelling. Staff after conducting a site visit, concluded it was a guest cabin as described by Mr. Bruton. Staff is recommending the Board adopt a policy whereas guest cabins described as seasonal and infrequently used and are ancillary to a main dwelling not be assessed for sewer. This policy would remove the dwelling assessment for a guest cabin for Mr. Burton and others meeting the policy criteria in the sewer project area.

2005/05-39 Motion by Lepper, seconded by Pavleck accepting the recommendation to adopt a policy eliminating an assessment for sewer on buildings ancillary to the main dwelling contingent on policy being consistent and in agreement with the East Kooch Sanitary Sewer District’s rules for such structures. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-40 Motion by Lepper, seconded by Pavleck per policy to remove sewer assessment to structures ancillary to a main dwelling, to remove the sewer assessment for parcel #15-73-00332 for John Burton due to ancillary structure being a seasonal guest cabin. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-41 Motion by Lepper, seconded by Adee that Camping and Education Foundation, parcel #15-34-12000 informed staff they no longer own this property and assessment notice should go to the new owner. That staff review found the new ownership was not on record at the time assessment notices went out and that the assessment notice will be sent to the new owners of record for parcel #15-34-12000. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-42 Motion by Pavleck, seconded by Lepper that Barbara Craig, parcel #15-49-01150 and 15-25-00830 requests the assessment on her vacant parcel be removed as parcel is an extension of her main dwelling property. That upon review by staff, to accept the recommendation to remove the assessment for parcel #15-25-00830 for a vacant parcel as unbuildable at a width of 35 feet. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-43 Motion by Lepper, seconded by Adee that Burgess Eberhardt, parcel #15-26-00910 and 15-71-05010 is assessed 1 vacant unit on parcel 15-26-05010 of 1 acre and 4 vacant units on parcel 15-26-00910, a 24 acre parcel and requests removal of all assessments as 1 acre parcel is all wetlands and he does not intend to build on the 24 acre parcel. That upon review by staff, to accept the recommendation to remove the 1 vacant unit assessment on 15-26-5010 due to wetlands and to retain the 4 vacant unit assessments on 15-71-05010 if vacant lots are assessed for sewer. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-44 Motion by Lepper, seconded by Adee that Cory Eide, parcel #15-27-32300 is assessed 4 vacant units on a 22 acre parcel which has no legal building sites due to it being marshland. That upon review by staff, accepting the recommendation to adjust the 4 vacant units for 15-27-32300 to 1 vacant unit for one potential building site on the parcel. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-45 Motion by Lepper, seconded by Pavleck that Perry Eide, parcel #15-73-00510 is assessed for 1 dwelling assessment and that property has underlying buildable sites and requests two additional connections. That upon staff review, that grant eligible assessments require a dwelling needing sewer treatment to be established on the vacant parcel by December 31, 2005 and therefore accepting the recommendation to retain the 1 dwelling assessment and to deny the request for two additional vacant units with staff to notify the property owner with the building requirements needed to have his request for two additional connections be considered for grant eligibility. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-46 Motion by Pavleck, seconded by Lepper that Larry and Peggy Gustafson, parcel #15-62-00121 and 15-62-00130 is assessed for two dwellings and they request removal of 1 dwelling unit for an unused cabin. That upon staff review, the cabin straddles the parcel line and by itself is not a lot of legal width and accepting the recommendation to approve the two parcels as one building site with 1 dwelling unit. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-47 Motion by Pavleck, seconded by Adee that Duane Helleloid, parcel #15-65-00870 and 15-65-00890 is assessed for 2 dwelling units and that the second dwelling is a large storage building and should not be assessed. That upon staff review, it was verified the second dwelling was a storage building and to accept the recommendation to remove the dwelling unit assessment on 15-65-008700. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-48 Motion by Lepper, seconded by Adee that Dale Kriske, parcel #15-71-01020 is assessed for 1 dwelling unit and requested no assessments for his other two parcels. That staff’s review found Mr. Kriske only is assessed for his house dwelling and that all his parcels are listed under 15-71-01020 and to accept the recommendation to retain the 1 dwelling assessment and verification that the parcel is not being additionally assessed for other units. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-49 Motion by Adee, seconded by Pavleck that Darlene Stoiber, parcel 15-62-00050 is assessed for 1 dwelling unit and she requests no assessment for the sewer. That staff review found the 1 dwelling unit assessment is correct for this property and to accept the recommendation for no change in the property assessment. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-50 Motion by Lepper, seconded by Briggs that Val Sjoblom, parcel #15-27-32200 (parcel listed under June Nelson) is assessed for 1 dwelling and she does not want to be assessed for two vacant units. That upon staff review it was found she is only being assessed for 1 dwelling unit and not being assessed for vacant units and to accept the recommendation for no change in the property assessment. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-51 Motion by Lepper, seconded by Adee, that Tom Burri, parcel #15-64-00040 and 15-64-00050 is assessed for 1 dwelling unit and 1 vacant unit and requests no assessment for the vacant property. That upon staff review it was found that the vacant parcel is buildable for one dwelling and to accept the recommendation for no change in the property assessment. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-52 Motion by Pavleck, seconded by Adee that Clyde Franklin, parcel #15-64-00060 and 15-64-00090 is assessed for 1 dwelling unit and 1 vacant unit and requests no assessment for the vacant parcel. That upon staff review it was found that the vacant parcel is 2.2 acres in size and should be assessed 1 vacant unit and to accept the recommendation for no change in the property assessment. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-53 Motion by Lepper, seconded by Pavleck that Ken Rohl, parcel 15-26-00810 and 15-54-00130 is assessed for 3 vacant units on a 6.8 acre parcel and 1 dwelling unit on 15-54-00130 and requests only 1 dwelling unit as he homesteads the entire parcel. That upon staff review it was found that the entire parcel is homesteaded as one legal parcel and should be assessed for 1 dwelling unit. Therefore to accept the recommendation to remove the 3 vacant unit assessments on 15-26-00810. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-54 Motion by Adee, seconded by Lepper that Carol Ham, parcel #15-65-00340 and 15-65-00380 is assessed for 2 dwelling units on each parcel and has only 1 dwelling on each parcel. That upon review by staff it was found that 1 dwelling is on each parcel and to accept the recommendation to assess for 1 dwelling each for 15-65-00340 and 15-65-00380. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-55 Motion by Pavleck, seconded by Briggs that Jon Talsness and Betty Jean Henrickson, parcel #15-76-01040 is assessed for 1 vacant unit for property that is part of the main dwelling site. That upon review by staff it was found it was part of the main dwelling site and to accept the recommendation to take the 1 vacant unit assessment off this parcel. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-56 Motion by Lepper, seconded by Briggs that Wade Pavleck, parcel #15-35-000160 was left off the proposed assessment roll due to a transcribing error, and upon staff recommendation to add parcel #15-35-00160 to the assessment roll with 2 dwelling units. Voting yes: Hanson, Adee, Lepper, Briggs; abstaining: Pavleck. Motion carried.

2005/05-57 Motion by Pavleck, seconded by Lepper that Thomas Haugland, parcel #15-49-0110 is assessed for 1 vacant unit and would like the lateral and grinder station placed on this lot. That upon staff review, grant eligible assessments require a dwelling needing sewer treatment to be established on the vacant parcel by December 31, 2005 and therefore accepting the recommendation to retain the 1 vacant assessment and to notify the property owner of the building requirements needed to have connections be considered for grant eligibility. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-58 Motion by Lepper, seconded by Pavleck acknowledging Don and Marlene Bryan’s claim from the May 3rd Assessment Hearing that the benefit to their property for the sewer is less than the assessment charged for the sewer and upon review by staff, to accept the recommendation that the benefit of the sewer exceeds the assessment as proposed and to retain the assessment as proposed. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-59 Motion by Lepper, seconded by Adee acknowledging Paul Mielke’s comment from the May 3rd Assessment Hearing questioning the amount of the assessment to the actual project cost and also the proposed assessment roll not having Commissioner Pavleck’s assessment for the sewer. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-60 Motion by Pavleck, seconded by Briggs acknowledging Elaine Beach’s comment from the May 3rd Assessment Hearing regarding state funding for the project. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-61 Motion by Briggs, seconded by Lepper that Charlene Erickson, parcel # 15-25-00810 is assessed for two units and is 400 feet from the sewer line and therefore should not be assessed or required to hookup as stated at the May 3rd Assessment Hearing. That upon staff review, the property has two units and that the system was designed to provide sewer service to all existing homes in the proposed area without regard to distance from the main sewer line and therefore to accept the recommendation for no change in the proposed assessment to this property. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-62 Motion by Lepper, seconded by Adee acknowledging Larry Beach’s comment from the May 3rd Assessment Hearing regarding payment for their property easements which is unrelated to the assessment process. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-63 Motion by Adee, seconded by Lepper that Stan McLellan at the May 3, 2005 hearing informed the Board that owners of the property did not receive the mailed notice of the proposed assessment and hearing and that upon staff review, the original notice was sent to Kelly Santine per the property tax records in the Auditor’s Office. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-64 Motion by Lepper, seconded by Adee acknowledging the comment from Walt Whitbeck, parcel #15-71-04020 from the May 3, 2005 hearing that he opposes the assessment because his property taxes will double due to the sewer assessment. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-65 Motion by Adee, seconded by Briggs acknowledging the comment from Bob Jamison from the May 3, 2005 hearing that the sewer will cost him more than it benefits him and that staff verified that the benefit to the property value for sewer will be at least the cost of the special assessment. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-66 Motion by Adee, seconded by Pavleck acknowledging the comment from Wayne Jesperson, parcel #15-34-12100 and 15-34-21000 from the May 3, 2005 hearing that he is assessed for 2 dwelling units and that upon staff review, it was verified that there is only 1 dwelling on this site and to accept the recommendation to drop the dwelling unit assessment from 15-34-12100. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-67 Motion by Pavleck, seconded by Adee acknowledging the comment from LeeAnn Meer from the May 3, 2005 hearing questioning the overall cost of the project and anticipated added cost for payment of easements. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-68 Motion by Lepper, seconded by Adee acknowledging the comment from Linda Chezick from the May 3, 2005 hearing questioning whether financial assistance programs would benefit owners with seasonal units and the response provided by the County at the hearing was yes as eligibility for the program is based on household income. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 Comment submitted at the May 3, 2005 public hearing from Barb Craig on assessment for two dwellings is addressed under 2005/05-42.

2005/05-69 Motion by Pavleck, seconded by Adee acknowledging the comment from David Herrly from the May 3, 2005 hearing questioning cost share of easements based on lateral line locations and staff find the issue of easements is unrelated to the assessment process. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-70 Motion by Lepper, seconded by Adee acknowledging the comment from Bruce LaVigne, parcel #15-35-12100 from the May 3, 2005 hearing that he is assessed for 2 vacant units and believes there should only be 1 due to site constraints and requested that Parcels A and F be placed on the assessment roll for 1 vacant unit each. That upon review by staff, parcel 15-35-12100 is steep and rocky and is suitable for only one building site and the other two parcels are suitable for 1 vacant unit each and to accept the recommendation to assess 15-35-12100 for only 1 vacant unit and to add Parcel A and B for 1 vacant unit. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-71 Motion by Pavleck, seconded by Adee acknowledging the comment from Keith Stevens from the May 3, 2005 hearing asking if vacant unit assessments match full development potential with staff’s response being that development potential is based on zoning lot size minimums an site constraints. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-72 Motion by Briggs, seconded by Adee acknowledging the comment from Dale Kriske from the May 3, 2005 hearing asking the assessment process be handled better than the easement process with staff responding that the assessment process is more structured than the easement process. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-73 Motion by Adee, seconded by Lepper acknowledging the comment from Pam Matthews from the May 3, 2005 hearing asking if the debt service fee will take more than 20 years to pay and with staff responding that the term of the loan from the state must be paid within 20 years. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 Comment from Dennis Wagner on grant eligibility for lateral line and grinder pump on vacant property and Neva Santine asking how condominiums would be assessed for sewer (each condo would have its own assessment) from the May 3, 2005 assessment hearing were reviewed but comment was unrelated to the assessment process. Comment by Val Sjoblom from the May 3, 2005 hearing is addressed in 2005/05-50.

2005/05-74 Motion by Pavleck, seconded by Lepper acknowledging the comment from Darlene Stoiber from the May 3, 2005 hearing that she opposes the sewer because the sewer line runs across her property too many times and in the wrong places and staff acknowledged this is an easement issue and not related to the assessment process. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-75 Motion by Lepper, seconded by Adee acknowledging the comment from Dave Amerud from the May 3, 2005 hearing requesting review of the costs that result in the $100 per month household costs which was provided at the hearing. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-76 Motion by Lepper, seconded by Pavleck Adee acknowledging the comment from David Bolstad, parcel #15-91-01051, 15-28-44300 and 15-91-01040 from the May 3, 2005 hearing that these parcels are all assessed for vacant units and that properties will not be built on and request their removal. That upon review by staff, it was found that 15-28-44300 and 15-91-01040 have no development potential as they are both in wetland and that 15-91-01051 is 9.6 acres in size and has potential for the 3 vacant unit assessments and to accept the recommendation to eliminate the vacant unit assessments from 15-28-44300 and 15-91-01040 and to retain the vacant unit assessments on 15-91-01051. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-77 Motion by Pavleck, seconded by Briggs acknowledging the comment from Bruce LaVigne from the May 3, 2005 hearing that providing the vacant parcels a grinder station and lateral and assessing them at full cost would help with the cost of the project and response provided at the hearing is vacant lots are not eligible to be included in the state grant and loan funding for the project. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-78 Motion by Lepper, seconded by Briggs acknowledging the comment from Linda Chezick from the May 3, 2005 hearing that there are hidden costs in the sewer project like the dollars set aside for road damage due to the sewer construction. Comment acknowledged but unrelated to the assessment process. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-79 Motion by Adee, seconded by Pavleck acknowledging the comment from Sharon Baron from the May 3, 2005 hearing that she will not give away 36% of her property for $1.00. Comment acknowledged but unrelated to the assessment process. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-80 Motion by Lepper, seconded by Pavleck acknowledging the comment from Melissa Fuller from the May 3, 2005 hearing questioning why Commissioner Pavleck was not on the proposed assessment roll, that her house is 378 feet from the sewer line and per East Kooch Sanitary District hookup requirements, this distance would not require they hookup and wants to be left out of the project entirely. Staff responded that a transcribing error was made on the proposed assessment roll causing Commissioner Pavleck’s name to be left off but will be on the final list and that the sewer system was designed to serve all existing houses in the district regardless of distance from the main sewer line. Staff review and recommendation accepted is to retain the 1 dwelling unit assessment for this property. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-81 Motion by Pavleck, seconded by Briggs acknowledging the comment from Neva Santine from the May 3, 2005 hearing that she will not accept $1.00 for her easement. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-82 Motion by Briggs, seconded by Adee acknowledging the comment from Elaine Beach from the May 3, 2005 hearing asking questions on the federal grant funds for the project. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-83 Motion by Pavleck, seconded by Briggs acknowledging the comment from Tom Fuller from the May 3, 2005 hearing that they want their questions answered. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-84 Motion by Pavleck, seconded by Adee acknowledging the comment from David Amerud from the May 3, 2005 hearing asking if lines to vacant properties are going to be T’d and stubbed off and the response provided at the hearing is that this is not part of the project as funding is for hooking up existing dwelling units. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-85 Motion by Pavleck, seconded by Adee acknowledging the comment from Paul Mielke from the May 3, 2005 hearing that there are 82 vacant unit assessments and can parcels be assessed that cannot get the service. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-86 Motion by Adee, seconded by Pavleck acknowledging the comment from LeeAnn Meer from the May 3, 2005 hearing asking if the cost of easements will increase the monthly cost beyond $100 per month. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-87 Motion by Adee, seconded by Lepper acknowledging the comment from Bob Jamison from the May 3, 2005 hearing asking why the KOA road is not being forced in the sewer project. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

000 It was acknowledged that at the conclusion of the public comment period of the May 3, 1005 assessment hearing Mark Trompeter addressed the audience and asked for a show of hands for all those opposed to the sewer project.

2005/05-88 Motion by Lepper, seconded by Adee to table action on a policy to defer assessment on vacant parcels until a recommendation is provided by staff at a later date. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-89 Motion by Adee, seconded by Pavleck adopting the following resolution ordering the final assessment roll to the County Auditor for the Jackfish Bay Sewer Project:

WHEREAS, pursuant to notice duly given as required by Minnesota Statutes, Section 116A.17, the Koochiching County Board has met, heard and passed upon all objections to the proposed assessment for the Jackfish Bay Sewer Project consisting of a sanitary sewer system to serve the following area: All that portion of Koochiching County lying North of State Highway 11 between Crystal Bay and Tilson Creek of Rainy Lake, and those parcels lying between State Highway 11 and Town Road 224, all other parcels adjacent to Town Road 224, and Lots 2 through 5, Auditor’s Plat No. 6; The Koochiching County Board has amended such proposed assessments as it deems just.

IT IS HEREBY FOUND AND DETERMINED by the Koochiching County Board, after review and consideration of all items related to the Improvement, that the amount of the special assessments confirmed in this order and to be extended upon the tax rolls in each year of the term of the bond to be issued to finance the Improvement, together with interest payable on the assessment, the taxes, and the net revenues to be received in excess of the cost of operation of the system during the same period, will be sufficient to pay all of the bonds issued to finance the Improvement and interest thereon when due.

1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and confirmed and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the Improvement.

a. The assessment shall be payable in annual installments (including principal and interest) extending over a period of 20 years, with interest at the rate of one percent (1.00%) per annum, the first of said installments to be payable with general taxes for the year 2006, collectible with such taxes during the year 2006. Interest shall accrue from and after January 1, 2006.
b. The assessment, with accruing interest, shall be a lien upon all private and public property assessed, from the date of this order, concurrent with general taxes; but the lien shall not be enforceable against public property as long as it is publicly owned, and during such period the assessment shall be recoverable from the owner of such property only in the manner and to the extent provided in Minnesota Statute Section 435.19.
c. The owner of any property assessed may, at any time prior to October 15, 2005, pay the entire assessment to the Auditor/Treasurer. An owner may at any time prior to October 15 of any year thereafter pay to the Auditor/Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made.
3. The Clerk shall forthwith transmit a certified duplicate copy of this assessment
with each installment including interest set forth separately to the County Auditor
to be extended on the tax list of Koochiching County.

4. The County Auditor shall prepare a final assessment roll with each installment of
the assessment, and interest thereon, set forth separately, and shall extend same on
the property tax lists of Koochiching County. All assessments and interest thereon
shall be collected and paid over in the same manner as other county taxes.

5. If any assessment herein ordered differs from any proposed assessment as to
amount, legal description, interest rate or prepayment requirement, the County
Auditor is authorized and directed to mail to the owner of the property affected by
such difference a notice stating such difference. Voting yes: Hanson, Adee,
Lepper, Briggs, Pavleck. Motion carried.

2005/05-90 Motion by Lepper, seconded by Briggs adjourning the Assessment Hearing for the Jackfish Bay Sewer Project at 3.25 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.

2005/05-91 Motion by Adee, seconded by Pavleck to adjourn the regular meeting of May 17, 2005 at 3:25 p.m. Voting yes: Hanson, Adee, Lepper, Briggs, Pavleck. Motion carried.