REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, March 7, 2006; 11:00 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Bob Peterson, Terry Murray, Jaci Nagle, Ann Scholler, Carl Brown, Paul Mielke, Terry Glowack, Ed Oerichbauer, Jack Walls; Reporter Laurel Beager

2006/03-01 Motion by Hanson, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/03-02 Motion by Lepper, seconded by Hanson to approve payment to Attorney Lyndon Larsen for legal services contracted out of the County Attorney’s Office in the amount of $6,744.09, to approve payment to Johnson, Killen & Seiler for personnel legal services in the amount of $9,968.20 with payment from the Legal Budget, and to approve payment of the monthly County Board expense claims in the amount of $9,295.75. Payment detail is on file in the Auditor/Treasurer Department. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/03-03 Motion by Lepper, seconded by Briggs authorizing payment to Canon for lease of two photocopiers in the LEC and to Pepsi Products for the Sheriff’s Canteen Fund as weekly Auditor warrant payments to eliminate late payment fees and further, to approve immediate payment in the amount of $201.63 to Cannon for the LEC photocopy lease to avoid late charges as recommended by the Auditor/Treasurer. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/03-04 Motion by Lepper, seconded by Briggs to approve the Koochiching County Election Equipment Plan required under the Help America Vote Act of 2002 and Minnesota Statutes 206.57 and as recommended by the Auditor/Treasurer. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/03-05 Motion by Hanson, seconded by Lepper to approve a State of Minnesota Optical Scan Voting Equipment Grant Application and Agreement and a State of Minnesota Assistive Voting System Grant Application and Agreement for funding for the election equipment as stipulated in the Koochiching County Election Equipment Plan, and further, to authorize the Board Chair and Auditor/Treasurer’s signatures to said documents. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 Commissioner Pavleck reviewed the Association of Minnesota Counties’ proposed ISTS (Individual Sewer Treatment System) Legislation with the Board. The bill proposes a State Advisory Committee that will include elected officials, and counties are required to adopt an ordinance by January 1, 2008 including the state ISTS standards and criteria rules. Disclosure of septic system is required at point of sale which will be in part, the creation of the required local ISTS inventory. Counties are required to create and maintain an ISTS management plan with dollars available for counties to set up a locally managed revolving loan fund to improve individual sewer treatment systems. This bill was drafted as a better position for counties in relation to the bill introduced last year on this state mandate. The Board requested a copy of the bill for review.

2006/03-06 Motion by Pavleck, seconded by Briggs to authorize the purchase of a laser printer for the Community Service Department in the amount of $1,056.67 as budgeted and as recommended by the IS Manager. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/03-07 Motion by Pavleck, seconded by Lepper accepting the recommendation of the County License Committee to increase the Tobacco License fee from $12 to $50, effective with 2007 license issuance, with fee adjustment allowed in the Tobacco Ordinance and recommendation based on fee comparison with other counties and cost associated with issuing the license. Voting yes: Adee, Lepper, Briggs, Pavleck; voting no: Hanson. Motion carried.

000 The County License Committee provided the Board additional information on the issue of serving liquor and the operating hours of liquor establishments under state and local law. State law controls the 1:00 a.m. or 2:00 a.m. serving of alcohol but local law (ordinance) controls the operating hours of an establishment. The Committee provided a scenario for the Board where the serving of alcohol would remain until 1:00 a.m. but the establishment could stay open until 2:30 a.m. The Committee reviewed this option feeling that the issue was more of allowing establishments to stay open longer, rather than serving alcohol for a longer period of time. Under the current County Liquor License Ordinance, this scenario would have establishments stop serving at 1:00 a.m. (under state law), have alcohol beverages off the tables by 1:30 a.m. and allow the establishment to remain open until 2:30 a.m. The only change from current ordinance would be the allowance to stay open until 2:30 a.m. It was suggested at the Committee meeting to have tables cleared at 1:15 a.m., rather than 1:30 a.m. which is another version to consider. Board members asked if a license was required for establishments to remain open until 2:30 a.m. It was explained that the license is for the serving of alcohol and that operating hours are control in local ordinance. It was not clear whether the County could establish criteria and/or require a local license in the County Ordinance to determine which establishments would be eligible to remain open until 2:30 a.m. Only license required is from the state to allow the serving of alcohol. Carl Brown asked if he could work with the License Committee on this issue. He was looking to serve food until 1:30 a.m. and agreed staying open was more important than serving until 2:00 a.m. However, he did not feel with the size of his nightclub, he could have alcoholic beverages off the table by 1:30 p.m.

2006/03-08 Motion by Pavleck, seconded by Briggs supporting a change in the County Liquor Ordinance to allow bar/club establishments serving alcoholic beverages to remain open until 2:30 a.m. (there would be no change from establishments serving until 1:00 a.m. and removing alcoholic beverages by 1:30 a.m.) and directing the License Committee to draft a revision of the County Liquor Ordinance to this fact and come back to the Board to set a hearing to revise the Ordinance. Voting yes: Adee, Lepper, Briggs, Pavleck; voting no: Hanson. Motion carried.

000 The Board Chair called for public comment at 11:55 a.m. Paul Mielke provided the Board his claim that his home was damaged as a result of blasting for the sewer project and requested direction as to whom he should submit it to. The Complex Superintendent and Historical Society Director requested time on the agenda to have the Board support legislative funding for the State Historical Society grant program, of which the County has benefited greatly. Jack Walls in reference to the Liquor License issue felt the County should support its businesses. With no other comment, the Board Chair closed public comment at 12:05 p.m.

2006/03-09 Motion by Lepper, seconded by Briggs to add a request to support legislative funding for the State Historical Society’s grant program to the agenda. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/03-10 Motion by Lepper, seconded by Hanson to send a letter of support from the Koochiching County Board for the State Historical Society’s local capital historic preservation project grant program as a great benefit for communities for preserving their historical structures. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 Commissioner Briggs informed the Board that the riverfront property on Highway 11 East was purchased by a developer who is interested in hearing from community leaders as to whether there is any potential public benefit in the development of this property. A meeting is set for March 18 at 10:00 a.m., hosted by KEDA, with the developer for interested parties to discuss this development project. The Board was invited to attend this meeting.

2006/03-11 Motion by Hanson, seconded by Lepper authorizing County Board members’ attendance to the March 18, 2006 meeting with the River Front Developer as a Board activity and further, authorizing the Board Chair to appoint two Board members to represent the Board on the River Front Development Project. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried. (The Board Chair appointed Commissioners Briggs and Lepper.)

000 Commissioner Pavleck reported on the Gateway Community Workshop he attended on behalf of the Board and hosted by the National Park Service. In summary, the workshop focused on what gateway communities to national parks can do to promote themselves, using the national park as an asset. The key component is that communities need to establish their identity and through local planning and zoning, maintain, develop and preserve this identity, making their community attractive to visitors. The goal is not to hinder development but assure development conforms to the identity of the community. In March the local group attending this workshop will formulate a more formal presentation for the local units of government associated with the gateway to Voyageurs National Park.

2006/03-12 Motion by Briggs, seconded by Hanson to adjourn the meeting at 12:35 p.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.