Koochiching County Board Minutes 1-17-06

Board Minutes

for

July 10, 2007

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

OTHERS IN ATTENDANCE: Brian Youso, Paul Nevenan, Dennis Hummitzsch, Richard Lehtinen, Dennis Wagner, Doug Grindall, Bob Bushway, Mark Trompeter; Reporters Lisa Kaczke and Jerry Franzen

2007/07-01 Motion by Pavleck, seconded by Adee to approve the agenda with additions and deletions. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-02 Motion by Hanson, seconded by Pavleck to approve the minutes from the June 26, 2007 regular meeting. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-03 Motion by Hanson, seconded by Adee to defer a Highway Union Step 3 Grievance requesting reimbursement of vacation time to the Personnel Committee for review and recommendation. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board received notice of the full time hire of Correctional Officer Carrie Geiss on July 1, 2007 and County Attorney Secretary Leslie Pullar on July 9, 2007.

2007/07-04 Motion by Adee, seconded by Briggs to approve payment of the Auditor claims in the amount of $36,293.36 and to approve payment of the monthly County Board expense claims in the amount of $8,951.58. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-05 Motion by Pavleck, seconded by Hanson to approve the Emergency Management Performance Grant Agreement in the amount of $9,230.00 and authorizing the Board Chair and Sheriff’s signatures to said Agreement. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-06 Motion by Hanson, seconded by Briggs to increase the Sheriff’s Canteen Fund from $200.00 to $300.00 due to an increase in monetary change needs and per the County’s Petty Cash Policy. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-07 Motion by Pavleck, seconded by Adee to approve a 2007 Supplemental Boat and Water Safety Grant in the amount of $1,811.00 for the purchase of a 6 hp outboard motor for the Sheriff’s boat and authorizing the Board Chair and Sheriff’s signatures to said Agreement. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 Commissioner Hanson, serving as the Koochiching County member on the Joint Powers Natural Resources Board, informed the County Board of the current changes being proposed by the DNR for the Judicial Ditch Law through the rule making process. He addressed a letter from Marshall County to the Judicial Judge assigned to this rule making process outlining facts, and the Joint Power’s concerns and opposition. Commissioner Hanson requested the County Board to support Marshall County’s letter of comment on the DNR’s proposal to change the Ditch Law and to submit the County’s position to the Judicial Judge. The comment period expires on July 19, 2007.

2007/07-08 Motion by Adee, seconded by Pavleck to submit the Koochiching County Board’s position of supporting the statements of Marshall County for opposing change to the Ditch Law as proposed by the DNR in the current rule making process to the Judicial Judge. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Board was provided a copy of a purchase agreement between Koochiching County and City of International Falls as joint owners and seller and DWP Railway Company as buyer for a parcel of land described as the East 150 feet due West of the Western Right-of-Way of the DWP Railway Company in both the SE ¼ of the SW 1/4, in Section 30 and the NE ¼ of the NW ¼, Section 31 all in Township 71N, Range 23 W and at a purchase price of $1,200.00 an acre. The Purchase Agreement is recommended by the KEDA to support the Railway expansion project which will also accommodate the County/City’s Industrial Park/JOBZ. The County and the City will split the purchase amount. The KEDA recommended a County easement to the Railway Company also needed for their expansion project, which was handled by the County Land Commissioner.

2007/07-09 Motion by Briggs, seconded by Pavleck to approve a Purchase Agreement as recommended by the KEDA between Koochiching County and City of International Falls as joint owners and seller and DWP Railway Company as buyer for a parcel of land described as the East 150 feet due West of the Western Right-of-Way of the DWP Railway Company in both the SE ¼ of the SW 1/4, in Section 30 and the NE ¼ of the NW ¼, Section 31 all in Township 71N, Range 23 W and at a purchase price of $1,200.00 an acre to accommodate development for the Industrial Park/JOBZ. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-10 Motion by Pavleck, seconded by Hanson to approve an Exclusive Easement Agreement between Koochiching County and the DWP Railway Company over those portions of County and tax forfeited land described as Lots 3, 4, 5, 6, Block 5; Lots 3, 4, 5, 6, Block 6; and 4th, 5th, and 6th Street lying east of a line 75 feet west of, measured at a right angle to and parallel with the westerly right of way line of the DWP Railway Company, all in Bedell’s Addition to International Falls, according to the recorded plat thereof; 2.32 acres at a one time payment to the County at $1,000.00 per acre or $2,320.00 (deposited in the Tax Forfeited Trust Fund). Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director provided a citizens’ petition to the County Board requesting water service to the area known as Three Points North, which was submitted to his Office. Because the City of Ranier manages the water system that would service this area, the Director recommended the petition is forwarded to the City of Ranier for consideration. Commissioner Briggs, representing this area, asked that the County follow up with the City of Ranier as to the request to provide water service to this area.

2007/07-11 Motion by Hanson, seconded by Pavleck to defer a citizens’ petition from property owners in the area known as Three Points North for water service to the City of Ranier for consideration and further, authorizing Commissioner Briggs to pursue the matter with the City of Ranier as a County Board activity. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-12 Motion by Hanson, seconded by Adee that as fiscal agent for the Big Fork River Board, authorizing the Environmental Service Department to issue payment of $200.00 each to the Littlefork/Big Falls High School and the Big Fork High School for their participation in the water monitoring program and an additional payment of $100.00 to the MN Waters for membership and use of their website and with payment from the Big Fork River Board’s Account, being held by Koochiching County as fiscal agent. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-13 Motion by Briggs, seconded by Adee authorizing the Board Chair to appoint two County Board members to attend a Wetland Work Group meeting scheduled for August 16, 2007 with Army Corp and BWSR representatives at the request of the Army Corp and BWSR to address the wetlands issues of Koochiching County with the goal of achieving clearer understanding and some level of agreement on how best to address wetland requirements in the County (the request also extended to the City of International Falls) and with the Board’s approval contingent on the meeting being opened to the public. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

000 The Environmental Service Director presented a proposal to the County Board for using some of the credits from the County’s Dunnick Lake wetland credit bank for mitigating the projects in the City of International Falls receiving cease and desist orders, as needed. The Director informed the Board that Dunnick Lake is not approved by the Army Corp as a wetland bank but they are at the site today and it is anticipated their answer will be forthcoming. However, to not cause further delay in getting the development projects in the City moving, the Director presented the proposal today so if the Board should approve the credits for this purpose, mitigation work could move forward if the Army Corp approves Dunnick Lake as a wetland credit bank. In this proposal, it is believed that the City of International Falls would pay the County for use of the wetland credits used from Dunnick Lake. Commissioners expressed frustration with the position being taken on Dunnick Lake. Various Army Corp representatives, past and present, have given the County indication that Dunnick Lake was a done deal. Yet when the Airport Project needed wetland credits, the County was told Dunnick Lake was not an approved wetland bank and Koochiching County had to buy credits from another county and now they are out there today looking at it. Why wasn’t it approved back when the first Army Corp representative gave the indication it was a done deal. The Environmental Service Director informed the Board that both the Land Commissioner and Highway Engineer are opposed to using Dunnick Lake for private development and that the reason it was not on BWSR’s wetland bank list, was at the request of the County as it would be used strictly for road projects. The Highway Engineer confirmed. Dennis Wagner felt the County should be creating more wetland credit banks to support economic development in the County. Commissioner Pavleck felt the private sector should be doing this and selling credits, noting that there are also rules and restrictions as to what areas would even be considered for wetland banks. His position is also that Koochiching County should not be making more wetlands but that banks should be created where there aren’t any wetlands in the state. In finalizing, the Director felt that up to 4 to 5 credits would be needed of the 19 acre Dunnick Lake bank but did not feel all would be used. Commissioner Pavleck did not feel he could support a one time use only for these projects as he would want to treat the other cities and developers equally. Commissioner Briggs made a motion but failed for a second to support the use of a limited number of credits of Dunnick Lake to resolve wetland mitigation for projects receiving cease and desist orders. Board members felt there was insufficient information to take action.

2007/07-14 Motion by Hanson, seconded by Pavleck to table the request for use of wetland credits from the County’s Dunnick Lake wetland bank for projects in the City of International Falls receiving cease and desist orders. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.

2007/07-15 Motion by Hanson, seconded by Pavleck to adopt the following resolution requesting signage gapping for four areas on Scenic Highway 11:

WHEREAS, Highway 11 in Koochiching County has been designated by the State Scenic Byways Commission as the Waters of the Dancing Sky Scenic Byway; and

WHEREAS, the Koochiching County Board of Commissioners takes a great deal of pride in this designation; and

WHEREAS, the Board recognizes that all counties in this Scenic Byway, except for Koochiching, have areas that are gapped; and

WHEREAS, the Board believes there are four “communities” along this route that have mixed uses and do not exhibit the open and scenic character of the rest of Highway 11; and

WHEREAS, the Board believes the four communities of Pelland Junction, Loman, Birchdale and Clementson should be gapped.

NOW THEREFORE BE IT RESOLVED, that the Koochiching County Board of Commissioners hereby requests the State Scenic Byways Commission to approve gapping in Koochiching County along Highway 11 of the communities of Pelland Junction, Loman, Birchdale and Clementson. Voting yes: Lepper, Hanson Adee, Briggs, Pavleck. Motion carried.

000 Bob Bushway made a request to the County Board for ditching improvement around his property as the current ditching system is flooding his property. The County Road running adjacent to his property has two culverts in close proximity running across the road. He would like the one culvert blocked on his property side as the water from the west ditch comes across and floods his property, and is due to inadequate ditching on his side. In talking with the Highway Department, Mr Bushway would have to sell part of his land for right of way in order to get the ditch improved on his side of the county road and prevent the flooding of his property. However, he could not reach agreement with the Highway Department. The Highway Engineer stated that part of the drainage problem in this area will be corrected by reditching one half mile by the Dreher property, which agreement has been reached with this property owner to do the ditching work. The County could also place a berm on the side of the culvert on Mr. Bushway’s property. Also if the State approves, some ditch work can be done on the west side of the County road across from Mr. Bushway’s property. This plan should correct most of the drainage concerns in the area. Mr. Bushway was agreeable to this plan. The County Engineer stated that this project will be funded by County dollars. Mr. Bushway also requested street lights on the County road in front of his property for security and safety purposes. The Highway Engineer stated the approximate cost for a street light is $650 initially and then $35 per month. The Highway Engineer informed the Board that there have been and continue to be property owners requesting street lights and if all requests were granted, the County would incur a great expense in operating the lights. The Board members agreed and informed Mr. Bushway that they would need to review lighting County-wide before acting on individual requests.

000 The Board Chair called for public comment period at 12:00 p.m. Mark Trompeter in reference to the Jackfish Sewer Project, stated a series of events transpiring with his property during the blasting for the project and his interactions with the contractors. He stated that everyone in the area has sewer but him and asked why. The contractor for the sewer project, Dennis Wagner, spoke to the fact that via a letter to him from the subcontractor doing the blasting, they will not come on Mr. Trompeter’s property due to threats received. Mr. Trompeter told the Board that he can’t get sewer but is paying for it. With no other comment, the Board Chair closed public comment period.

2007/07-16 Motion by Pavleck, seconded by Briggs to adjourn the meeting at 12:10 p.m. Voting yes: Lepper, Hanson, Adee, Briggs, Pavleck. Motion carried.