SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 10, 2006; 11:00 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Richard Lehtinen, Susan Congrave, Matt Weik, Gordon Piekarski, Wendy Johnson, Bill and Tina Knapp, J.R. Anderson, Howard Anderson, Steve Blair; Reporter Laurel Beager

2006/10-07 Motion by Briggs, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/10-08 Motion by Briggs, seconded by Lepper to approve the minutes from the October 3, 2006 special meeting with correction. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/10-09 Motion by Pavleck, seconded by Lepper approving payment of the Auditor claims in the amount of $37,375.03; to approve payment to Attorney Lyndon Larsen in the amount of $3,851.13 for September contracted legal services for the County Attorney’s Office. Payment detail on file in the Auditor/Treasurer Office. Motion further approves expenditure up to $500.00 to replace a freezer in the County Jail’s kitchen with payment from the 2006 Complex Budget and authorizing an internal budget line item adjustment to cover the expenditure as follows: transfer $500 from 01-110-200.6640 to 01-110-200.6660. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

2006/10-10 Motion by Hanson, seconded by Pavleck authorizing the Auditor/Treasurer to place special assessments on commercial and exempt properties for their delinquent 2005 solid waste service fee plus a ten percent penalty for collection in 2007. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.

000 Based on the accumulation of evidence collected on the complaint made on the property in Ray which 80 sled dogs reside (dog owners Matt and Sara Weik), both the Environmental Service and Health Directors along with the County Attorney determined the County has no jurisdiction over this operation as it is currently being conducted. It was determined there is no requirement under the Zoning Ordinance to compel the owners to file an application for a Home Occupation Use Permit and it was determined this operation in not a threat to public health under the Public Health Nuisance Ordinance. When asked, the Environmental Service Director confirmed they did check the Weik’s website as it was pointed out that it would appear they are selling products and therefore could be a business. The Director stated that the selling of items on the website did not fit the definition of a home occupation. Matt Weik addressed the website stating that it needs updating as they do not offer adventures and that the T shirt sales are for sponsorship/donations to support their dog sled racing. The Board Chair stated that he also checked the website and it appeared to him it was a sponsorship solicitation, not selling of products. Board members commented that this operation is a problem for some property owners in that area and that the Weik’s should be a good neighbor and help resolve their concerns. Matt Weik stated that not all property owners are opposed and that he has talked with some of the property owners. Gordon Piekarski has had recreation property in that area for 50 years and that the dog noise is ruining his retreat (property located across from where the dogs are located). Wendy Johnson stated she talked with Mr. Weik who gave her assurance the dogs would settled down but they have not. She logged the times and days the dogs were barking and reviewed it with the Board, stating it is much more than a couple times a day. She stated they are not trying to be adversarial but brought it to the Board to handle in a professional and public process. Bill Knapp stated that he would defend the Weik’s right to have the dogs. Tina Knapp stated that living in the rural area allows one to have animals. J.R. Anderson stated that they have sled dogs and their property taxes have increased, demonstrating the dogs are not devaluing property. Matt Weik stated that the dogs actually keep wolves away and he hunts deer in his back yard. Howard Anderson stated his family operates a dog sled kennel on two parcels of land and that bringing the sled dog racing to the County is a good thing. Steve Blair felt that even if it was determined to be a business, zoning can’t fix a barking dog and stated he also has property in the area and does not have an issue with it. When asked, Mr. Anderson stated they have 70 sled dogs. Commissioner Pavleck stated his understanding of both sides, the right of freedom and the right to a public process when something of this nature moves in. However, having no legal remedy, he would hope the neighbors would work it out. Commissioner Lepper agreed. There is not a great deal the County can do and stated that he feels it is a business and that 80 dogs barking is not a normal country sound. Commissioner Briggs echoed the other commissioners but with no jurisdiction, it would be a wrong move by the County to force anything. She also stated that this issue should be flagged in moving forward for future consideration. Mr. Anderson stated that until the dogs stabilize in their environment, there will be noise. The Board Chair closed comment on the subject. The County Board took no action on the complaint upon the findings and recommendation of the Environmental and Health Directors.

000 The Board Chair called for public comment. Jack Walls agreed that there is no regulation that is going to keep a dog from barking.

2006/10-11 Motion by Hanson, seconded by Lepper to adjourn the meeting at 11:55 a.m. Voting yes: Adee, Hanson, Lepper, Briggs, Pavleck. Motion carried.