REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 24, 2008; 9:30 a.m.

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

MEMBERS ABSENT: None

OTHERS IN ATTENDANCE: Dennis Hummitzsch, Susan Congrave, Doug Grindall, Terry Murray, Richard Lehtinen, Gail Rognerud, Joel Haus, David Trompeter, Carl and Debbie Bowman, Etta Erickson, Gerald and Susan Olsen, David Erickson, Kit Hasbargen, Steve Blair, Ron Peterson, Arden Barnes; Reporter Lisa Kaczke

2008/06-32 Motion by Adee, seconded by Lepper to approve the agenda with additions and deletions. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-33 Motion by Briggs, seconded by Adee to approve the minutes from the County Board meeting of June 17, 2008. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-34 Motion by Lepper, seconded by Hanson to approve payment of the Auditor claims in the amount of $49,187.91, to approve payment of the Highway claims in the amount of $116,749.56, to approve payment of the Health claims in the amount of $23,793.00, to approve payment of the Community Service Department financial and social service program claims and administrative claims as presented and to approve payment of the following burial cases for the balance due for rate increases retroactive to January 1, 2008: #935906 in the amount of $25.00 and #603262 in the amount of $25.00. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-35 Motion by Hanson, seconded by Lepper that the Koochiching County Board of Commissioners agree to sponsor the Northome Ridge Runners Snowmobile Club in the State Trails Grant-In-Aid Program to construct a trail bridge over Plum Creek for snowmobiles and grooming equipment with funding approved of $20,000 from the MN Trails Grant In Aid Program and $17,348 from the Federal Recreational Trail Program with the stipulation that the bridge will be maintained for no less than 20 years. As sponsor, the County is accountable to the State for expenditures charged to the grant program; sponsorship does not require financial support or liability for cost from the County. The County Board does hereby approve the necessary County authorities to sign said Grant-In-Aid documents for application and execution of the grants as recommended by the Auditor/Treasurer. Sponsorship by the County requires that a Club/County Agreement be in effect which said Agreement is on file in the Administration Office. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-36 Motion by Briggs, seconded by Adee to approve the annual publication of the General Notice to Control or Eradicate Noxious Weeds as recommended by the Land Commissioner. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-37 Motion by Lepper, seconded by Adee to approve the employment separation of Public Health Nurse Sharon Obermaier effective July 1, 2008. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-38 Motion by Hanson, seconded by Adee to renew the Home Care Waiver Contract with Falls Good Samaritan Home Care for 2008-2009 as recommended by the Health Director and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-39 Motion by Hanson, seconded by Adee to renew the Home Care Waiver Contract with Healthline Home Care for 2008-2009 as recommended by the Health Director and upon approval of the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-40 Motion by Lepper, seconded by Briggs to approve a contract with Della Warren to serve as Koochiching County Family Collaborative Coordinator from July 1, 2008 to June 20, 2009 as recommended by the Health Director and upon approval by the County Attorney to include review as to any conflict of interest issues with the County contracting with a state employee. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board received notice of the hire of Jeff Larson as full time B23 Jr. Engineering Technician in the Highway Department effective June 16, 2008.

2008/06-41 Motion by Lepper, seconded by Hanson amending Board Motion 2008/05-45 that upon deposit of the County required cash security from the Petitioner, to receive the amended Cartway Petition filed by Thomas Jacobson for a cartway on property owned by Ronald and Delphine Nelson, Kenneth and June Henrikson and Milo and Kay Larson and to set a public hearing for Tuesday, July 22, 2008 at 3:00 p.m. in the Courthouse Boardroom under Minnesota Statute 164.07-164.08 to hear and act on the Cartway Petition by Thomas Jacobson across property owned by Respondents Ronald and Delphine Nelson described as the SW ¼ of the NW ¼, Government Lots 4, 8, 9, 10 and part of Government Lots 11 and 14, Section 25, Township 69N, Range 27W and across property owned by Respondents Kenneth and June Henrikson and Milo and Kay Larson described as part of Government Lot 14, Section 25, Township 69N, Range 27W. Affected landowners are entitled to judicial review of damages, need and purpose following a determination to establish or alter the road. The Petitioner shall cause personal service of the hearing notice and a copy of the petition to be made upon each occupant of the land affected at least ten days before the hearing and cause ten days’ posted notice thereof to be given. Voting yes on the amended motion: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-42 Motion by Lepper, seconded by Briggs to amend Board Motion 2008/05-46 that under Minnesota Statue 164.07-164.08 on the Cartway Petition filed by Thomas Jacobson, to appoint the following viewers to view servient properties for damages and determine the cartway route to include drainage and wetland impacts and provide a written report to the County Board for the July 22, 2008 public hearing scheduled by the County Board to hear and act on said petition: County Assessor or designee, Highway Engineer or designee, Environmental Service Director or designee, Land Commissioner or designee and County Surveyor or designee. Motion further authorizes the viewers to expend funds to obtain the services of a professional appraiser if needed. Voting yes on the amended motion: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board received a letter addressed to the Governor from the City of International Falls requesting his support of the City to intervene in the claim against MnDot and the County on the Highway 332 Project and support their position for a route to the Foreign Trade Zone in lieu of the route proposed by the County. In addition, the Highway Engineer informed the Board that he received a call from Attorney Paul Reuvers who was assigned by MCIT to represent the County on the Highway 332 Project that he was contacted by the League of Minnesota Cities stating that the League had his firm representing the KEDA in an open claim which is a County and City of International Falls partnership and therefore poses a positional conflict in representing one party against the other on the Highway 332 matter. In the interest of the law firm serving both MCIT and League of MN Cities, he withdrew from the case and requested MCIT reassign the case.

2008/06-43 Motion by Lepper, seconded by Briggs that in light of the City of International Falls legal action against the County on the proposed Highway 332 Project, directing the Board Chair to review with legal counsel whether the county should initiate action to have the City Attorney withdraw from providing legal services to the Airport Commission and KEDA and any future County/City partnerships due to potential conflict in serving the interests of both parties in the partnerships while at the same time serving as appointed legal counsel for the City of International Falls. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-44 Motion by Briggs, seconded by Adee accepting the Personnel Committee’s recommendation in follow up to Board Motion 2008/05-13 to allow the KCCS Director to fill a part time social worker position as requested under a grant application to support a Koochiching County Family Dependency Treatment Court, with the understanding that the position’s direct cost will not be funded by the County and that at such time as the supporting grant funds expire, the position will end. Further, that the KCCS Director will present the position description and request to fill the position along with his recommendation to approve the Grant Agreement covering the position. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-45 Motion by Lepper, seconded by Adee accepting the recommendation of the KCCS Director to renew the following service agreements from July 1, 2008 to June 30, 2009 with no change and reflecting the delay of the COLA increase as set by the State and contingent upon approval of the agreements by the County Attorney: Crabtree Senior Home, Koochiching County Public Health, Lutheran Social Services SLS, Northland Counseling Adult Foster Care Home, Northome SLS, Ridgeview LLC, Segar’s Foster Care, Silver Bahr Retirement Ranch. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-46 Motion by Lepper, seconded by Adee accepting the recommendation of the KCCS Director to discontinue the Pineview Primary Care Contract and the Pineview Extended Care Contract and approve a combined primary and extended care service contract with Pineview Recovery Center contingent on approval of the contract by the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-47 Motion by Lepper, seconded by Briggs accepting the recommendation to relicense Donald and Julie Godfroy for treatment child foster care for five children. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Environmental Service Director provided the recommendation of the Planning Commission to allow 6 tent camping sites and prohibit RV camping at the City Beach. Commissioner Lepper (serving on the Planning Commission) stated that he voted against the recommendation because he felt that RVs would be better in appearance than tent set ups and RVs bring more economic benefit to the Community. Commissioner Briggs agreed. Representatives speaking for the City Beach Committee stated that they wanted to start small and consider the neighborhood. A member of the public stated that RV sites continue to be turned down in this area and he believes that the people have the wrong impression of RV users as most are older, responsible, neat and quiet and bring economic benefit to the community. Commissioner Pavleck read a letter received from one of his constituents stating that the neighborhood does not want camping and that the County should deny the request as zoning laws exist for a reason and property owners move to areas based on zoning protections so variances to change allowances should not be taken lightly. The Environmental Service Director stated that this is not a variance request but a Conditional Use Permit request which means the use is allowed in this area but regulated through permit.

2008/06-48 Motion by Briggs, seconded by Lepper accepting the recommendation of the Planning Commission to approve CUP 0803 to the City of International Falls for the City Beach (PID 15-050-00260) located at 3405 County Road 46 to allow 6 limited overnight tent camping sites and to prohibit RV usage. Voting yes: Hanson, Adee, Lepper, Briggs; voting no: Pavleck. Motion carried.

000 The Environmental Service Director presented the recommendation of the Planning Commission to approve a zone change and conditional use permit to Bowman Construction for an 80 acre rock quarry west of County Road 89 near Clementson, which received heavy opposition by the area property owners. Commissioner Hanson stated that because many of the area property owners were not aware of the Planning Commission meeting on this request, another meeting was held this past weekend in the Clementson area where he and the contractor were available to the property owners to receive their comment and answer questions on this proposed development. In general, this operation is going to negatively impact this rural quiet community with continuous noise from blasting and truck hauling. In addition, property owners are concerned with well damage from the blasting and road damage from the hauling. The contractor asked that the Board not delay action on the recommendation as the resource is needed for this construction season. He stated that many quarry operations exist in the County and have not caused the damages that property owners claim will occur. Property owners from the area provided comment. Etta Erickson is opposed to the project as an adjacent property owner but also because of the disruption to a rural and quiet area. She submitted to the Board Chair a petition opposing the project with 44 signatures as well as written comment from Laurie Larson opposing the project as another adjacent property owner. Gerald Olson lives 1 mile from the proposed quarry and just learned of its development this past weekend. He asked that the request be denied or at least postponed so property owners had more time to obtain information such as laws, rules and/or guidelines to noise, air and water quality issues. David Erickson is also a property owner in this area and is concerned about well damage from blasting in addition to the negative impact to recreation in this area. Kit Hasbargen stated support for the quarry operation as it is needed infrastructure for economic development and will reduce the cost of the reconstruction of State Highway 11. In response to the question, the contractor stated that the operation is for 10 years but will operate sporadically, when there is a need/demand for the resource from this area. The Board Chair stated that the calls he received from property owners had to do with concerns over wells as at least one property owner stated that they had to try three times before they had a working well. Commissioner Hanson stated that he was not ready to vote on the issue as he felt the property owners deserved more time to get questions answered and obtain more information and he would hope that the contractor would be willing to meet again to help them understand what to expect with this operation. Commissioner Briggs stated that she would vote against action to delay if the property owners in the area are flat out opposed to the quarry as more meetings won’t change their minds.

2008/06-49 Motion by Hanson, seconded by Adee to defer action on the recommendation of the Planning Commission to approve a zone change and conditional use permit to Bowman Construction for an 80 acre rock quarry west of County Road 89 near Clementson until the July 8, 2008 County Board Meeting to allow property owners in the area more time to obtain information about the operation from the contractor. Voting yes: Pavleck, Hanson, Adee, Lepper; voting no: Briggs. Motion carried.

000 The Environmental Service Director stated that the 60 day period on Mr. Bowman’s Zoning and CUP Application is up on July 7, 2008 so he will request the applicant to agree to an extension to allow for the County Board’s plan to consider the request on July 8, 2008. Commissioner Hanson stated that this is an opportunity of time for the contractor to be a good neighbor and offer to assist the property owners in understanding the impacts of the operation for the area.

2008/06-50 Motion by Hanson, seconded by Briggs accepting the recommendation of the Planning Commission to approve CUP 0802 to Robyn Hasbargen for sand and gravel mining operation on 160 acres adjacent to Highway 11 south of Indus. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-51 Motion by Briggs, seconded by Hanson accepting the recommendation of the Planning Commission to approve CUP 0703 to Ron Peterson to blast and crush rock and sell custom containers on property located south of Highway 11 E and adjacent to the CN railroad tracks. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-52 Motion by Briggs, seconded by Lepper that in light of the operations allowed under CUP 0703 for a rock blasting and crushing operation and for intended operation uses in the Foreign Trade Zone, to send a letter to the KEDA to request they reconsider their position on the City of Ranier’s request for a buffer zone between the City and this development area. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

2008/06-53 Motion by Lepper, seconded by Hanson to approve a Joint Powers Agreement between the State of Minnesota and Koochiching County for St. Cloud State University in providing for the Rainy Lake Water Quality Study at a cost of $10,080 as recommended by the Environmental Service Director and upon approval of the Agreement by the County Attorney. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.

000 The Board Chair called for public comment at 12:35 p.m. Arden Barnes, in regards to the Ron Peterson approved permit for blasting, stated that CN has already been blasting in this area for their added development.

2008/06-54 Motion by Briggs, seconded by Adee to adjourn the meeting at 12:35 p.m. Voting yes: Pavleck, Hanson, Adee, Lepper, Briggs. Motion carried.