2007 ELECTION OF COUNTY BOARD CHAIR AND VICE CHAIR WAS CONDUCTED BY THE CLERK TO THE COUNTY BOARD ON TUESDAY, JANUARY 02, 2007; 9:45 A.M. BY UNANIMOUS VOTE COMMISSIONER CHARLES LEPPER WAS ELECTED AS BOARD CHAIR AND BY UNANIMOUS VOTE COMMISSIONER WADE PAVLECK WAS ELECTED AS VICE CHAIR.

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, January 2, 2007; 10:00 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Bob Peterson, Brian Youso, Terry Murray, Richard Lehtinen, Arthur Giles, Gerald Albrecht, Bill Schafer, Dan McCarthy, Don Lukenbill, Scott Berry, Aaron Tank, Dawn Eve, Bob Wallner, Mike Ballance, Joel Maggert, Mara Carrier, Jan Maggert, Len Millard, Myron Albrecht, Rick Shulke, ; Reporter Lisa Kaczke

2007/01-01 Motion by Briggs, seconded by Hanson to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/01-02 Motion by Hanson, seconded by Adee to approve the minutes from the December 19, 2006 regular meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/01-03 Motion by Adee, seconded by Briggs to ratify payment of the Auditor claims in the amount of $62,286.64; to approve payment of the 2007 NCAO dues in the amount of $400.00 and the 2007 ACA dues in the amount of $2,400.00 with payment from the 2007 County Board Budget; to approve payment of the 2007 AMC dues including general dues of $5,960.00 to be split between the 2007 County Board, Highway and Community Services Budgets, $588.00 for the Local Public Health Association to be paid by the 2007 Health Budget and $452.00 for the MN Association of Social Service Administration to be paid by the 2007 Community Service Budget. Payment detail on file in the respective departments. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/01-04 Motion by Hanson, seconded by Adee to award the low and only 2007 publication bid to the Daily Journal and Northome Record as a joint bid with a 2% rate increase from 2006 rates. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board Chair requested Commissioners to review the County Committee List and appointments and provide change requests or comments to him within two weeks. The Coordinator also informed the Board the departments are reviewing the list for changes/corrections.

2007/01-05 Motion by Hanson, seconded by Adee to authorize Board members’ attendance to a January 25, 2007 Brown Bag Luncheon of the Chamber’s Economic Development Committee to participate in a local economic development forum. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Sheriff informed the Board of his appointment of Brian Jespersen as Undersheriff effective January 1, 2007 and the reinstatement of John Mastin as the Big Falls Deputy effective January 1, 2007.

2007/01-06 Motion by Pavleck, seconded by Hanson to appoint Deputy Bruce Grotberg as the County’s Assistant Emergency Manager as recommended by the Sheriff. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/01-07 Motion by Pavleck, seconded by Hanson authorizing the purchase of two personal computers and MS Office software for the Sheriff and Undersheriff as recommended by the I.S. Manager and with payment from the Sheriff’s Zero Tolerance Account. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/01-08 Motion by Briggs, seconded by Adee to renew an AEOA SELF Service Agreement with no change as recommended by the Community Service Director. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/01-09 Motion by Briggs, seconded by Pavleck to approve the employment separation of Financial Worker Loretta Christianson effective April 1, 2007 and further, authorizing the filling of a financial worker position left vacant due to this employment separation. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director reviewed the recommendation from the Planning Commission to approve rezoning of 10 acres from R-1 to M-1 and 150 acres from R-1 and O-1 to AF-1 and a Conditional Use Permit (CUP) for a quarry and rock crushing operation as requested by applicant Gerald Albrecht with the permit limiting the mining to only 1 acre. The Director provided additional written comment received after the mailing of the Board’s January 2, 2007 meeting packet, in addition the written comment handed out by the Coordinator at the start of the meeting. The Director outlined for the Board, his initial finding in interpretation of the Zoning Ordinance for Mr. Albrecht’s request to mine less than one acre, which he determined was allowable without a conditional use permit. However, the zoning became an issue and after further review by the Planning Commission, a recommendation was submitted and acted on by the County Board at its November 7, 2006 meeting to allow the Planning Commission to further evaluate a zoning change and CUP for this less than one acre mining operation. The Planning Commission then held a hearing on the matter on December 14, 2006 and submitted a recommendation to the Board to approve the rezoning and CUP. The Board Chair opened the meeting for public comment. Arthur Giles stated that when he was looking to mine gold in the Margie area, he was told he needed a state permit. Gerald Albrecht stated he would need a permit from the MPCA if his mining operation would disturb over 1 acre but his operation is less than 1 acre and therefore a permit is not needed. Attorney Bill Schafer stated that the interpretation of the County Zoning Ordinance for a quarry operation under 1 acre is not definitive and should be reviewed prior to any one starting an operation of this type in the County. The interpretation that a quarry under 1 acre does not need permitting could have less than one acre mining operations popping up all over. Dan McCarthy stated that the County contracted with a firm to revise the County’s Zoning Ordinance so it does not seem right to take action on this matter prior to the revision. He also feels the property owners are entitled to notice of blasting prior to its occurrence and recommended the Board deny the request and/or table for further review. Aaron Tank questioned if the gravel resource was needed for County projects, wanting to know where the resource was going. He stated that some of the structures in Margie are damaged so either it is a coincident or the blasting is causing damage. He reiterated concerns raised by Margie residents and property owners when the Board was considering the Hawkinson mining operation in the Margie area which the Board denied. Don Lukenbill supported the project as there is a local need for gravel and that two County road projects are planned for the Northome area and having to haul the resource from a further distance adds cost to the project. Scott Berry informed the Board that he is blind so the written information provided on this matter was not directly available to him. Second he asked what safeguards were in place for the property owners in Margie if the blasting causes structure and well damage. Dawn Eve read a letter to the Board outlining her and the other property owners’ concerns and believed if the Board supported the community in denying the Hawkinson mining operation, they should deny this mining operation also. Attorney Bob Wallner, representing the applicant, informed the Board that at the December 14, 2006 Planning Commission hearing they provided detailed information addressing the concerns with the blasting and noise. A property owner from northern Beltrami County, who lives 1,200 feet from a large quarry operation, was asked to speak on his experience in living next to a rock quarry operation. The property owner stated that he has never had damage to his structures or well and has had no problems or bothered by the operation. Mike Ballance, the blasting contractor, explained that blasting is done within limits set in federal and state law and is more than willing to sit with the property owners to explain the blasting procedure and impacts. Joel Maggert said the real issue for the Board is whether there is a need for this gravel resource. The County staff and contractors will tell you there is a real need and the Board’s decision needs to be based on the best interest of the County overall. Mara Carrier informed the Board that there are 3 trout streams in the Margie area and what guarantees their protection. Jan Maggert stated that the wheels of progress should not be stopped and that the Board should support the operation. Len Millard referenced the treatment of the Margie resident at the Planning Commission hearing and asked why there was such hurry in getting this decided. Myron Albrecht recommended the Board support the operation. Rick Shulke stated the gravel resource is needed. Aaron Tank referenced the blasting contractor if the uniqueness of Margie was considered in their blasting plan. Dan McCarthy stated that he is not against development and inquired as how many were for or against in the Margie area based on the written comment received. Commissioner Briggs hoped to strike a balance as there is a gravel resource need in the County and inquired with the Environmental Service Director as to other mining operations in the County. Commissioner Pavleck stated that there is always a risk to blasting so no one can guarantee there won’t be damage. The properties should have a pre-blast survey done and the operator should work with the property owners, including giving them proper notice prior to blasting. Commissioner Pavleck did not believe the Board should force this on the Margie property owners when the vast majority is opposed to it. Commissioner Adee asked for confirmation on the number of blasts remaining and what process is in place should damage occur on a property. The contractor reaffirmed that only a couple more blasts are needed and both Mr. Albrecht and the blasting contractor have insurance and that inspection is required. Commissioner Briggs asked about the Planning Commission’s recommendation for an unbiased observer and the Environmental Service Director stated that this individual is not predetermined. She went on to state that the contractors need to work with the property owners and address their concerns. Commissioner Hanson stated that this is a very difficult issue and he has received much comment, good and bad. He does not equate the Albrecht quarry operation to that proposed by Hawkinson Construction a few years back. His position is based on the fact the County needs the gravel resource in that area and it is a small scale operation. Commissioner Hanson in providing his support wants protection for the property owners including setting operation hours and addressing property damage claims if any should occur. The Environmental Service Director in response to the question of those for and against stated that he did not have a ready answer to the number of written comment for or against the project but that the vast majority of property owners in Margie are against it. Commissioner Pavleck made a motion to deny the rezoning and conditional use permit for Mr. Albrecht as recommended by the Planning Commission and allow a plan to be worked out to remove the rock already processed but the motion failed for lack of a second. Commissioner Hanson asked what the protection is for property owners if they feel damage has been done to their property. The blasting contractor stated that damage claims submitted by the homeowner will be handled through the property owner’s homeowner and the contractor’s insurance companies.

2007/01-10 Motion by Hanson, seconded by Briggs accepting the recommendation of the Planning Commission to approve REZ 0604 and CUP 0603 for Gerald Albrecht for a quarry and rock crushing operation on property described as the W1/2 of the NE ¼ and the E1/2 of the NW ¼, Section 10, Township 153N, Range 26W with the following contingencies by the Planning Commission and revision by the County Board: 1) Margie residents be notified, in advance, of blasting; 2) hours of operation will be 7:00 a.m. to 7:00 p.m. on weekdays only; 3) approval limited to 5 years; 4) two monitoring wells be located on site; 5) applicant must prepare a detailed reclamation plan; 6) an unbiased observer be present at future blasts; 7) a pre-blast survey be completed before blasting commences. Voting yes: Lepper, Hanson, Adee, Briggs; voting no: Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:43 p.m. Dan McCarthy inquired as to injunctive action and County Board decisions. Jan Maggert thanked the County Board for supporting the quarry operation. No other comment was provided.

2007/01-11 Motion by Adee, seconded by Briggs to adjourn the meeting at 12:43 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.