SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, August 8, 2006; 10:00 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Ann Scholler, Dennis Hummitzsch, Jenell Feller, Richard Lehtinen, Steve Blair, Jim Yount, Jack Walls; Reporter Laurel Beager

2006/08-01 Motion by Lepper, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-02 Motion by Hanson, seconded by Briggs to approve the minutes from the July 25, 2006 special meeting with correction. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-03 Motion by Lepper, seconded by Briggs to approve payment of Auditor claims in the amount of $29,997.29; to approve payment to Flaherty and Hood in the amount of $1,128.65 for June lobbyist services with payment from the Legislation Budget; to approve payment of the monthly County Board expense claims in the amount of $4,786.48. Payment detail on file in the Auditor/Treasurer Department. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board received notice of the following temporary hires: Duane Nelson and Charles Lessard in the Sheriff Department for transports and Elisa Green in the Auditor/Treasurer Department to assist with the 2006 elections.

2006/08-04 Motion by Hanson, seconded by Briggs to establish and fill a 25 hour per week part time position at 80% of an A11 band and authorize temporary hire under the County’s Temporary Hire Policy as fill in to provide for the County Jail cook services as recommended by the Undersheriff. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-05 Motion by Lepper, seconded by Hanson to appoint Lucina Phillips as the County’s representative on the Arrowhead Library System Board due to the resignation of Marilyn Johnson. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-06 Motion by Hanson, seconded by Lepper authorizing Board members’ attendance to the public hearing held by MnDot on Tuesday, August 15, 2006 beginning at 6:00 p.m. at the Greaney-Rauch-Silverdale Community Center on the new Highway 65 Bridge Project as a County Board activity. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-07 Motion by Hanson, seconded by Lepper to approve a Fiscal Year 2006 Emergency Management Performance Grant with the State of Minnesota for reimbursement of up to $5,169.00 for the period or October 2005 through September 2006 under the terms of the agreement and further, authorizing Undersheriff John Mastin to sign the Grant Agreement and amendments as necessary to execute this agreement. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-08 Motion by Pavleck, seconded by Briggs that due to the State Ninth Judicial District taking over the Koochiching County DUI/Substance Abuse Court, that Koochiching County end its fiscal agent responsibilities and transfer all Drug Court funds and documents to the Ninth Judicial District on September 1, 2006. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-09 Motion by Pavleck, seconded by Hanson authorizing payment to the Minnesota Department of Revenue in the amount of $27,542.20 for missed sales and/or use tax plus interest as a result of a sales tax audit for the period of January 1, 2003 through December 31, 2005 with payment from the respective department budgets and authorizing the Administration Office to make budget adjustments as needed to accommodate the payment and further, understanding that the County will consider appealing sales/use tax charges on the airboat and certain software and software maintenance purchases specific to Koochiching County as recommended by the Assistant Auditor. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-10 Motion by Briggs, seconded by Lepper designating the Precinct of Kooch Poll 5 as currently described as the boundary for a referendum vote allowing issuance of a Sunday Liquor License to the Northwood’s Y and other restaurant/club establishments in the precinct, and further, allow ballots to be printed and presented to the electorate residing within the Precinct of Kooch Poll 5 as determined by the County Auditor with ballot language as follows: “Shall the County of Koochiching be allowed to issue Sunday Intoxicating Liquor Licenses to restaurants/club establishments located within the Precinct of Kooch Poll 5”. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-11 Motion by Hanson, seconded by Lepper approving the appointment of the election judges for the 2006 elections as presented by the Auditor/Treasurer. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-12 Motion by Briggs, seconded by Lepper accepting the recommendation of the License Committee granting a two-day On Sale 3.2% Malt Liquor License for August 26 and 27, 2006 to the Birchdale Softball Club for a softball tournament. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-13 Motion by Hanson, seconded by Pavleck to adopt the following resolution for the 2006 public auction of tax forfeited lands:

WHEREAS, certain parcels of 1and in Koochiching County have forfeited to the State for non payment of taxes and it appears desirable that pursuant to the Provisions of Minnesota Statutes, Chapter 282., said lands be classified and that certain of said lands be offered for sale, and

WHEREAS, said County Board, for the purpose of sale has examined said property and determined to classify lands hereinafter referred to as non-conservation lands, and all prior land remaining unsold on prior land sale lists, are hereby withdrawn from sale for reappraisal.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Koochiching County that lands described in a list approved by members of the said County Board and filed with the County Auditor, are hereby classified as non conservation and offered for sale subject to the Provisions of Section 282.01, Minnesota Statutes of 1982, and further certify that all parcels on the list comply with the provisions of M.S. 40.46, 85.012, 92.461, 103F.535, 282.018 and other statutes that withhold tax forfeit lands from sale or require conservation easements.

THEREFORE, BE IT RESOLVED that the Koochiching County Board of Commissioners hereby certifies that all parcels of land have been viewed and comply with the provisions of M.S. 282.018 and the 1991 Laws of Minnesota Ch. 354, Art. 10, Section 9, amending M.S. Sec. 282.018, Subd. 2 (1990). The County Board of Commissioners hereby certifies that the County Land Commissioner has reviewed the filed land sale list and identified any and all non-forested marginal land and wetland.

BE IT FURTHER RESOLVED that the said parcels of land are hereby appraised at the value set opposite each parcel and filed with the County Auditor.

BE IT FURTHER RESOLVED that if the land is sold on terms that the terms of sale shall be as follows, to wit: That all sales amounting to $500.00 or less shall be paid in cash at the time of purchase; that on all sales amounting to more than $500.00, the purchaser shall pay twenty percent (20%) of the purchase price of the land and building value at the time of purchase, with the remaining balance due within thirty (30) days of the sale. Full payment will be required before any timber can be removed.

BE IT FURTHER RESOLVED that any buildings or improvements now on any tract purchased or which hereafter be erected, placed or made thereon, shall be and remain the property of the State of Minnesota until the purchaser has paid for the property in full.

BE IT FURTHER RESOLVED that said purchaser shall not be delinquent in any Koochiching County Auditor's Certificate of Purchase of Tax Forfeited Lands under Minnesota Statutes, Section 282.01.

BE IT FURTHER RESOLVED that the responsibility for determining boundary lines of parcels purchased rest with the purchaser.

BE IT FURTHER RESOLVED that all sales are subject to the various county and municipal zoning ordinances; any existing easements or right of way; and any deed restrictions so imposed and noted at the time of sale.

BE IT FURTHER RESOLVED that all provisions relative to sales on deferred payments as provided by State Law shall also apply.

BE IT FURTHER RESOLVED that bid raises shall be made on a percentage basis of the appraised value of the land, timber and buildings, with no increased bids being accepted of less than increments of five percent (5%) of the appraised value. Bid raises do not apply to any special assessments that may be listed.

BE IT FURTHER RESOLVED that certain parcels of tax forfeited land located within the list forfeited with unpaid special assessments for improvements. These special assessments were cancelled at the time of forfeiture. Upon the sale of this land, an assessment schedule may be established for payment of a portion or all of the unpaid special assessments.

BE IT FURTHER RESOLVED that notice of sale of such lands be given by publication in the official newspaper of the County as provided by law, and that the County Auditor of Koochiching County offer such parcels for sale in the order in which they appear in such notice of sale and that such sales be to the highest bidder for not less than the appraised value and shall continue until all such parcels are sold or the County Board orders a reappraisal. A sale date and time will be determined at a later time and included in said publication.

BE IT FURTHER RESOLVED that three percent (3%) of the total sale price will be cash at the time of the sale for the Minnesota Tax forfeited Real Estate Account. Pursuant to Minnesota Laws of 1969, Chapter 373, Subdivision 6, and acts amendatory thereto.

BE IT FURTHER RESOLVED, Minnesota Statutes 282.014, Section 3 imposes a $25.00 fee upon purchasers of tax forfeited land for issuance of a State Deed.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 282.01, Subdivision 6, all State Tax Deeds must be recorded with the County Recorder prior to issuing the Deed to the purchaser, therefore a recording fee of $46.00 for each State Deed issued must be paid to the Koochiching County Recorder by the purchaser when tax forfeited land is paid for in full.

BE IT FURTHER RESOLVED, as required by Minnesota Statutes 287.22, all State Tax Deeds are subject to State Deed Tax which must be paid by the purchaser.

BE IT FURTHER RESOLVED, that except in the case of deeds issued for platted property and deeds issued to correct errors in either legal description or grantees, the deeds issued for these parcels will contain a restrictive covenant which will prohibit enrollment of the land in a State Funded program providing compensation of marginal land or wetlands.

BE IT FURTHER RESOLVED that any of the said lands or lots is subject to withdrawal from sale by the County Board or County Auditor when it appears to be the public's interest to do so, and the County Auditor reserves the right to reject any or all bids. Action is pending on approval of County municipalities as authorized by Statute. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/08-14 Motion by Lepper, seconded by Briggs authorizing the Land Commissioner, at the request of Voyageurs National Park, to revisit a previous proposed land exchange as described in Board Motion 92/02-20 with VNP as recommended by the Land Commissioner. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 A representative of the Occupational and Development Center provided the Board an overview of the different job services they provide for eligible clients in the County and the services they in turn provide in the County. Having taken over the day activity center program located in a County facility and also having an office in another County facility, they will be looking at options to consolidate to one location in 12 to 16 months and wanted to inform the Board since the agency has two rental agreements with the County. The Board thanked the representative for updating the Board and also stated their appreciation for providing a needed service.

000 The Environmental Service Director provided the Board a recommendation from the County’s legal counsel to approve a conditional use permit (CUP) for Dana and Jeff Bartheld for a two unit Bed and Breakfast (B&B) due to a court order. A question was raised in reference to the Shoreland Management Ordinance as to the definition of units for deciding whether the residential unit has to be counted when designating the number of units for a B&B and also discussion was held on granting the B&B CUP under a court order when the current Zoning Ordinance does not properly accommodate B&B businesses and whether the CUP could be reissued in the future under the revised Zoning Ordinance so all businesses will be regulated the same.

2006/08-15 Motion by Pavleck, seconded by Lepper to table action on the CUP for Dana and Jeff Bartheld until the August 22, 2006 Board meeting to allow the Environmental Director to provide more information to the Board. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:45 a.m. Jim Yount stated that B&B businesses should be considered in the scope of the Gateway Community Project which is underway. He also thanked the County for the shoulder widening work done on the county road in their area. Jack Walls asked for clarification as to why the court, not the County, determined the decision on the CUP for the Bartheld B&B. With no other comment, the Board Chair closed public comment.

2006/08-16 Motion by Hanson, seconded by Lepper to adjourn the meeting at 11:55 a.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.