Gravel mining sites require conditional use permits, which are reviewed and, if up to county standards, renewed annually. The gravel pit operated by Stan Bautch about five miles outside of the city of Grand Marais off of County Road 6 was found to be out of compliance by Cook County Planning & Zoning in its 2013 review. Action was delayed until spring 2014 when a site visit could be made. On July 22, 2014, on recommendation from the planning commission, the county board voted to give Stan Bautch 60 days to develop a comprehensive “pit plan” to bring the site into compliance with county open area and environmental regulations, or risk being subjected to fines or closure. As the 60-day window came to a close, Bautch returned to the planning commission and the county board seeking another extension.
At the Tuesday, September 23 board meeting, Planning and Zoning Administrator Bill Lane said his office was willing to accommodate Bautch’s request. He noted that Bautch had hired Short, Elliot and Hendrickson, Inc. (SEH) and the firm had begun work on a plan.
Commissioner Heidi Doo-Kirk made a motion to deny the extension, which was seconded by Commissioner Sue Hakes.
Commissioner Doo-Kirk noted that Bautch knew about “seven violations” a year ago. She pointed out that of 13 gravel pit owners in Cook County, Bautch is the only one not in compliance.
Bautch said as soon as he was contacted about the non-compliance he tried to hire an engineer. “It’s not all that easy,” he said. Bautch added that he thought SEH would do the best job in developing a plan for the site.
Commissioner Jan Hall argued for granting the extension, stating that it wasn’t right to “put a man out of business this time of year.”
Doo-Kirk replied, “So does that mean the other 12 contractors don’t have to follow the rules?”
Commissioner Hakes asked if Bautch would be unable to work if the extension was denied. Lane said he could. “To deny him of his right to use his gravel pit would have to go before the Planning Commission.”
“So he can still work?” asked Hakes.
“Yes and we have the ability to seek enforcement,” said Lane. He added that when it came time to renew gravel mining permits in December 2014, the county could look at eliminating Bautch’s permit if he hadn’t come into compliance.
Commissioner Bruce Martinson said he thought that a denial would lead to a cease and desist order of operations at the gravel pit. Lane said he would defer to the county attorney on that. “But we really want to get this fixed. I’ve talked with Stan. I’ve talked with SEH. The fact that a client has a problem doesn’t mean the consultant has the same urgency,” said Lane.
Bautch spoke up, noting that his understanding was that he simply had to have a plan in place. He said he was working on that. Lane said a plan needs to be in place, but added, “We would ask that the plan include some action dates.”
A vote was finally taken and the motion to deny an extension passed, 3 to 2. There was no discussion of punitive action.
Tax abatement bonds approved for Superior National at Lutsen
About 10 people attended the 10 a.m. public hearing in the Cook County Commissioner’s room to hear the discussion about the proposed issuance of tax abatement bonds by the county to fund $2.2 million of improvements at the Superior National at Lutsen (SNL) golf course, which is owned by the Cook County/Grand Marais Economic Development Authority (EDA).
Advising the county board over the phone was Attorney Steve Overom who referred to the pre-sale report prepared by Ehlers Investment Partners. Overom reviewed the sources to be used to make the bond payments—first revenue from SNL operations; second a portion of the lodging taxes collected on the West End of the county; and finally county taxes that would be abated. Overom said lodging taxes collected would be in excess of what is needed to pay the debt, so “it is unlikely that taxpayers would be impacted.”
Overom, who has worked with other communities on golf course development, said that having an advisory committee in place is a good idea. “It doesn’t prevent problems, but it allows for a faster response time if issues do surface,” he said.
Overom also said the county is protected by the clause that allows the county to hire a management consultant, turf consultant or food and beverage consultant (at the expense of the EDA) if the county receives “serious or consistent complaints from users of the golf course.”
Commissioner Sue Hakes asked about the status of township agreements pledging the use of lodging tax funds to make bond payments, if necessary. Overom said that is a crucial piece that must be in place before the bonds could be issued.
Commissioner Bruce Martinson, who represents the Lutsen, Tofte and Schroeder townships said he had attended all three town meetings. He said all three towns had adequate time for discussion and supervisors asked good questions. He said ultimately all three towns passed motions of support.
Nick Anhut of Ehlers gave an overview of the presale report for the general obligation tax abatement bonds. After more discussion and questions, two motions were brought forward. The first was to grant a tax abatement for 20 years on “certain properties expected to benefit from the Superior National golf course project.” The second resolution authorized Ehlers to proceed with the sale of the bonds, to be reviewed and awarded at noon on October 21, 2014. Both motions passed unanimously.
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