Board Minutes

for

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, July 13, 2010; 10:07 a.m.

MEMBERS PRESENT: Commissioners Lepper, Pavleck, McBride, Hanson (present at 10:30 a.m. – attending funeral)
MEMBERS ABSENT: Commissioners Adee (Medical Reasons)
OTHERS IN ATTENDANCE: Kathy Sikkila, Jaci Nagle, Dennis Humitzsch, Brian Jesperson, George Gray, Brian Youso, Mike Musich, Dale Olson, Mr. and Mrs. Carl Bowman, Bruce Sampson, Mr. and Mrs. Gerald Olson, Arlene Fish, Linda Lafky, Arden Barnes; Reporters Laurel Beager and Sheldon Slaubaugh

2010/07-01 Motion by McBride, seconded by Pavleck to approve the agenda with additions and deletions. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-02 Motion by McBride, seconded by Pavleck to approve the minutes from the June 22 2010 regular meeting and to approve the minutes from the 2010 County Board of Equalization meetings of June 15 and 22, 2010. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-03 Motion by Pavleck, seconded by McBride to approve the employment separation of Assessor Marty Cody effective August 1, 2010. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-04 Motion by Pavleck, seconded by McBride to approve payment of the Courthouse claims in the amount of $68,695.23; to ratify payment of the monthly County Board expense claims in the amount of $7,330.90; to approve payment of the second half 2010 County Budget allocations with a 5% holdback on certain budget allocations to be determined at a later date as recommended by the Administration Director; to authorize the County Board’s signature on the June Vendor Payment Listing verifying its review. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-05 Motion by McBride, seconded by Pavleck that under MN Statute 373.01to accept the low and only bid received from the Koochiching County Historical Society for $1.00 for conveyance of the Tourist Information Center and its property for County historical purposes when the property is transferred to the County from MNDot at no fee. Voting yes: Pavleck, McBride; voting no: Lepper; absent: Hanson. Motion carried.

2010/07-06 Motion by McBride, seconded by Pavleck accepting the recommendation of the County Engineer to accept low bid from Knife River Materials for road projects SAP 36-604-06 in the amount of $184,912.30, SAP 36-604-07 in the amount of $428,432.80 and CP 2010-01in the amount of $53,473.46. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-07 Motion by McBride, seconded by Pavleck accepting the recommendation of the Auditor/Treasurer for appointment of the election judges for the 2010 Primary and General Elections as presented and filed in the Auditor/Treasurer Office. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

000 Due to the VFW no longer being able to provide for veterans transportation to V.A. Medical Facilities in St. Paul and the Twin Ports, the County was asked to provide the service with the intent of the service to be supported by grant funding available to the County VSO and other financial contributions. The VSO reported that grants amounting to $11,150 have been secured for the purchase of the transportation van and that a two year transportation grant will be applied for in July when the V.A. grant cycle opens. The County would own the van and trained drivers from the VFW would continue to do the transport. The VFW in Littlefork has indicated a commitment to pay for the cell phone service for the transportation. Operation of the service will be managed under the County Vehicle and Temporary Hire Policies. The VSO and Administration Director will establish the final plan for County Board approval but at this time were looking to the County Board for conceptual support so planning can continue. The County Board stated their conceptual support to continue forward on the plan for the County to provide transportation of veterans with no other means of transportation to the St. Paul and Twin Ports V.A. medical facilities.

2010/07-08 Motion by Pavleck, seconded by McBride to authorize expenditure up to $1,900 from the 2010 Land and Forestry Budget for needed replacement of the Laptop Computer for the Department as recommended by the I.S. Manager. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-09 Motion by Pavleck, seconded by McBride to authorize expenditure up to $4,100 for the purchase of 9 ArcView Software upgrades for the Land and Forestry Department as a part of the County GIS System Planning with funding from the 2010 IS/GIS Budget as recommended by the I.S. Manager. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-10 Motion by McBride, seconded by Pavleck to approve the Koochiching County Highway Department’s acquisition of Tax Forfeited Land for right of way purposes for S.P. 36-633-02 of .1 acre at $100 and S.P. 36-630-01 of .05 acre at $50.00 as requested by the County Engineer and recommended by the Land Commissioner. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

000 The Land Commissioner informed the Board that at the last meeting of the Advisory Committee, the final draft of the County Tax Forfeited Land/Forestry Management Plan was produced and will be provided to the County Board at an August meeting to plan for public review of the document.

2010/07-11 Motion by Pavleck, seconded by McBride to approve a Grant Agreement with the Minnesota Public Safety Division in the amount of $17,963.93 to acquire and install 800 MHz trunked radios (control stations) to allow regional communication for emergency purposes with no county match requirement as recommended by the Sheriff; further authorizing the Sheriff and County Board Chair’s signatures to said Agreement. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

000 The City of International Falls submitted a request for the County to waive rent for storage of their mobile command center at the County Armory Building based on the vehicle being available for county-wide emergency response purposes. The Board agreed to temporarily waive the rent charge and will further look at the request in the 2011 Budget session after reviewing the County’s cost to provide for the heated storage facility and the long term use of the facility by the County.

2010/07-12 Motion by Pavleck, seconded by McBride to waive the rent charged to the City of International Falls for storage of the Mobile Command Center at the County Armory Facility for the remainder of 2010 with the matter to be reviewed in the 2011 County Budget session for final determination. Voting yes: Lepper, Pavleck, McBride; absent: Hanson. Motion carried.

2010/07-13 Motion by Pavleck, seconded by McBride Whereas, during the Ranier/County Orderly Annexation and International Falls Annexation Petition Hearings, the matter of sanitary sewer service was raised for the area proposed to be annexed to the City of Ranier; Whereas the Orderly Annexation Resolution adopted by the County Board on July 28, 2009 incorrectly reflected that the County and City of Ranier intended that administration of the sanitary sewer in the annexation area would be shifted from East Koochiching Sanitary Sewer District to the North Koochiching Sanitary Sewer District; Whereas the North Koochiching Sanitary Sewer District formed under special legislation services the collection and disposal of effluent for the International Falls, Ranier and the East Koochiching Sanitary Sewer District (as formed under M.S. 116A by the County Board) sanitary sewer systems; Whereas the aforementioned Cities and the East Koochiching Sanitary Sewer District are responsible for administration of the sanitary sewer system within their jurisdiction; Whereas a Memorandum of Understanding was established between the City of Ranier and the East Koochiching Sanitary Sewer District in planning for the annexation, in which East Koochiching Sanitary Sewer District would continue to administer the sanitary sewer in the annexed area and North Koochiching Sanitary Sewer District would continue to accept and treat the effluent, in summary service would remain status quo. Be it resolved that the Koochiching County Board affirms the Memorandum of Understanding between the City of Ranier and the East Koochiching Sanitary Sewer District to correctly state the County’s understanding and intentions for provision of sanitary sewer service in the annexed area under the Orderly Annexation Resolution adopted by the County Board on July 28, 2009. Voting yes: Lepper, Pavleck, McBride; absent for vote: Hanson. Motion carried.

2010/07-14 Motion by McBride, seconded by Pavleck to approve an Operation Stonegarden 2009 Grant Agreement with Homeland Security Emergency Management in the amount of $144,395.00 to involve operational support of border security by the county and municipal law enforcement agencies through funding under an operation period of 04/30/10 through 03/31/12 as recommended by the County Sheriff; further to authorize the Sheriff and Board Chair’s signatures to said Agreement. Voting yes: Lepper, Pavleck, McBride, Hanson. Motion carried.

2010/07-15 Motion by Pavleck, seconded by Hanson authorizing Board members’ attendance to the July 26, 2010 AMC Payment in Lieu of Taxes (PILT) Work Group meeting in St. Cloud, MN for identifying ways to ensure PILT has a sustainable future due to state fiscal and political challenges to change the program. Voting yes: Lepper, Pavleck, McBride, Hanson. Motion carried.

000 The Environmental Service Director presented the Planning Commission’s recommendation to approve Bowman Construction’s Application for Rezoning and a Conditional Use Permit for the operation of a rock quarry in the Clementsen area on land described as the N ½ of the SE ¼, Section 7, Township 160, Range 29. The Director stated that this request has been to the Planning Commission three times and supported each time based on determination of suitable use of the property under the County Zoning Ordinance. An email from the U.S. Fish and Wildlife Service was reviewed stating that neighboring property owners believe there is a foraging area for bald eagles that will be impacted by this quarry operation and asked the applicant to work in close coordination with their division to ensure compliance with the Eagle Protection and Migratory Bird Treaty Acts. The applicant provided a map depicting the property owners around their proposed quarry site that are in support of their operation. They also stated that the asphalt and concrete plant operation proposed in prior applications has been dropped and are now looking to operate just the rock quarry operation and have limited depth to 20 feet below ground. They stated that the Company operates other quarries and they have received no complaints from neighboring properties. Commissioner Hanson representing this area stated that some of the property owners from this area could not make the meeting today. A member of the Planning Commission stated that the Commission’s responsibility is to determine if the land use request is a suitable use under the County Zoning Ordinance and that the conditions placed in the Permits are based on concerns heard by the Commission. In response to the question of whether the Planning Commission conducted a site visit, the response was that the Commission does not conduct site visits. Commissioner Hanson stated that property owners in the area are opposed to the operation and he can’t force this on them even if the quarry is needed. Commissioner McBride inquired on the long term use of the quarry with the Applicant stating an estimated 5 years contingent on demand for the resource. The Zoning Technician in reference to the property being within the State SFIA Program and therefore having restricted use should have been a consideration of the Planning Commission in their decision to approve the quarry application. Several property owners from the area presented their opposition to the quarry operation and one property owner stated support for the operation. The Director stated that in regards to the State SFIA Program placing restrictions on this property, the matter was reviewed by the County Attorney and determined that actions by the Planning Commission on the quarry operation application under the County Zoning Ordinance was separate from a SFIA covenant between the property owner and the State for use of the property. The Director reviewed the conditions in the Conditional Use Permit recommended by the Planning Commission and recommended adding the stipulation prohibiting blacktop and concrete plants and to change the ¼ mile condition for the pre-blast survey and notification to ½ mile. The Director also recommended the $200 application fee be returned to the applicant if the request is denied for the third time. In response to an inquiry on the SFIA restrictions, the Applicant stated that they have already petitioned the State to remove the property from the SFIA Program which is a four year process and further, stated that from review with other property owners having land in this program it is not uncommon to have rock/gravel removal on the property.

2010/07-16 Motion by Pavleck, seconded by McBride to accept the recommendation of the Planning Commission to approve Rezoning and a Conditional Use Permit (REZ1002 and CUP1002) to Bowman Construction for a Rock Blasting and Crushing Quarry Operation on property described as the N ½ of the SE ¼, Section 7, Township 160, Range 29 with adding the stipulations to the CUP prohibiting blacktop and concrete plants and to change the ¼ mile condition for the pre-blast survey and notification to ½ mile as recommended by the Environmental Service Director; further, that the County Board’s approval of the Rezoning and CUP for said Property is conditional on the property owner meeting the State’s requirements under the SFIA Program for operation of the quarry and to follow up with the U.S. Fish and Wildlife Service due to the issue raised on potential foraging of bald eagles in this area. Voting yes: Lepper, Pavleck, McBride; voting no: Hanson. Motion carried.

000 The Board Chair called for public comment at 12:00 p.m. Arden Barnes in response to the Planning Commission not conducting site visits, felt this should be done as the Commission recommends land use changes that can negatively affect other property. Dan McCarthy stated support for the quarry operation if the resource is needed as it keeps cost down and provides gravel resource for the County.

000 The Board Chair recessed the meeting to allow Administration to review previous actions taken by the County Board on RECAP Agreements due to a request from the July 13, 2010 KDA Board Meeting to have the County Board approve revised Coronal and Westinghouse Service Agreements. The Board Chair reconvened the meeting at 4:05 p.m. following the committee of the whole session.

2010/07-17 Motion by McBride, seconded by Hanson that upon review and recommendation of the County Attorney and Administration Director, to approve the First Amendment to AIA Consulting Contract dated December 12, 2006 with Coronal and the revised Westinghouse Plasma Corporation Contract, both approved by the KDA Board and as recommended by KDA Legal Counsel and Project Managers. Voting yes: Lepper, Pavleck, McBride, Hanson. Motion carried.

2010/07-18 Motion by Hanson, seconded by McBride to adjourn the meeting at 4:10 p.m. Voting yes: Lepper, Pavleck, McBride, Hanson. Motion carried