Board Minutes

for

June 19, 2001

 

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 19, 2001; 9:45 a.m.

MEMBERS PRESENT: Commissioners Hanson, McBride, Lepper, Chezick, Pavleck

MEMBERS ABSENT: None

OTHERS ATTENDING: Robert Williams, Jaci Nagle, Allen Vaughn, Douglas Grindall, Attorney Steve Shermoen, Derek Mason; Reporters Laurel Beager and Roger Jerome

2001/06-46 Motion by Pavleck, seconded by McBride to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair opened public comment at 10:30 a.m. to allow Robert Williams to address the Board (unable to attend public comment at its regularly scheduled time). Mr. Williams, representing the Houseboat Association, conveyed to the Board the Association’s wholehearted support of the Board’s efforts in ensuring that the General Management Plan for Voyageurs National Park goes through an appropriate public process so that local users’ needs are represented. He stated the local public is lucky to have a County Board willing to take steps to ensure the local people’s needs are represented and thanked them for this. He went on to say that the Houseboat Association is willing to assist in this endeavor and offered their services. The Board Chair thanked Mr. Williams and asked that he work with Commissioners Pavleck and McBride who represent the Board on Park matters.

2001/06-47 Motion by McBride, seconded by Pavleck to approve the minutes of the June 12, 2001 special meeting. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board received notice of the hire of Janice Susan McClanahan as a part-time dispatch/jailer in the Sheriff’s Department and temporary hire of Matt Guerton, Clay Nelson, Jesse Besch and Michael Hickey for summer work in the Highway Department.

2001/06-48 Motion by McBride, seconded by Chezick accepting the recommendation of the Safety Committee for revisions to the County’s AWAIR Program Safety Policies. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-49 Motion by Lepper, seconded by Chezick to approve payment of the Highway bills in the amount of $49,419.91 with detail on file in the Highway Department, to approve payment in the amount of $892.50 from the Legal Budget to Griffith Law Office for legal research on Voyageurs National Park matters, and to approve payment in the amount of $6,100.40 to Flaherty and Hood for May lobbyist services with payment from the Legislative Budget. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-50 Motion by Lepper, seconded by McBride transferring $18,000 from Fund 70 - Timber and Resource Development Account to Fund 72, the Trust Fund, to correct an unregulated Tax Forfeit expenditure per MN Statute 282.09, Subdivision 2 found by the State Auditor in the 2000 County audit (reference Board Motion 2000/06-54). Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-51 Motion by McBride, seconded by Lepper to approve application for a two-year MN Gambling Premises Permit LG214 to the Indus Recreation Association for the “Y”. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board received a report from the Northeast Minnesota HOME Consortium as requested laying out work done in Koochiching County. The Board was notified last month that the Joint Cooperation Agreement would automatically renew unless the Board terminates the agreement in writing by June 15, 2001 and if they want to remain a part of the Consortium, no action was needed. In review of the information provided, Commissioner Chezick raised the question as to whether the HOME restoration program for low-income families follows housing plans or strategy of the City of International Falls. He stated that there are older homes on substandard lots that are renovated but are not sellable and the City of International Falls might rather the homes be removed since there is such a surplus of houses on the market. Commissioner Pavleck stated that the program provides home ownership to individuals who would otherwise not be able to afford a home. He agrees however, that their renovation plans should follow suit with any City plans. Commissioner Lepper stated that KOOTASCA should not be competing with private business as they own a building and rent it out. It was agreed that Commissioner Pavleck as the Board’s representative on the KOOTASCA Board and Commissioner Hanson as the Board’s representative on the Northeast Minnesota HOME Consortium would bring these concerns to their respective Boards for discussion.

2001/06-52 Motion by McBride, seconded by Pavleck to add discussion on the Backus/AB Buildings to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-53 Motion by Chezick, seconded by Pavleck approving the sale of the retired AS/400 at the price of $700 to CPS Technology Solutions with buyer responsible for all shipping and freight charges and that the Computer Coordinator will ensure that the system is purged of software and data files prior to sale. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Commissioners Hanson, Pavleck and McBride attended a public hearing held by School District 361 for the purpose of receiving public comment on the future of the Backus/AB Buildings. Commissioner Hanson stated that he did not make comment but felt the majority attending the hearing wanted a referendum to find what the public wants. Commissioner Pavleck reiterated that the County is prohibited from holding an informational referendum but the school is not. He applauded the School District for holding this hearing and felt they should carry it a step forward with an informational referendum. He stated that through the subordinate taxing district process, the public can force a vote but only on the decision to create the district and enact a tax and that before the County would ever get into this process, more information is needed for them and the public. In addition, State levy limits on the County will decide whether a taxing district is feasible as the district levy becomes part of the County’s levy. Commissioner McBride agreed. He felt that the public did not understand that the County is prohibited from asking the public what they want to do with the buildings. Allen Vaughn addressed the Board, as he did the School Board, with an offer to buy the building for $1.00 with the understanding that the building become a community center and ownership be turned over to a non-profit organization. He fell in love with the Backus Building about three years ago and feels the facility has potential. He stated that its use would not be successful unless owned by a non-profit group as a private individual could not afford to operate the facility. He believes creation of a taxing district is a way to fund the maintenance and capital needs of the facility and feels it should come through a cooperative agreement of the County, School District and City of International Falls. In addition, he knows there are members of the public who are willing to donate to a trust fund for the facility. He senses the people want the opportunity to do something with the building. Commissioner McBride representing the Board in the Backus/AB Committee and the Blandin Leadership Group stated he would have Mr. Vaughn attend these sessions to help find a resolution. He stated that the public needs information such as cost, purpose and ownership first then a process to get the public’s decision on whether they want to keep the facilities. Commissioner Chezick stated with tax reform coming in the 2001 legislative session, it is premature to assume the County or the School has any additional taxing authority.

000 The Highway Engineer is requesting eminent domain on two properties to acquire land needed for reconstruction of the Franz Jevne State Park Road (CSAH 85) so it can properly handle the traffic. The Department and/or Board Chair have met numerous times with these individuals but have not reached any agreement. The Highway Engineer would like to get moving on the eminent domain proceedings so that this project can be let with the Nelson Park and Vidas Landing projects in order to obtain the best bid and perform the work this construction season. The Engineer stated that these individuals want the opportunity to discuss the matter with the Board.

2001/06-54 Motion by Pavleck, seconded by McBride to table the request to begin eminent domain proceedings for road construction on two properties along the Franz Jevne State Park Road until the property owners are given the opportunity to discuss the matter with the Board at the next meeting. Voting yes: Hanson, McBride, Pavleck; voting no: Lepper; absent for vote: Chezick. Motion tabled.

000 The Engineer informed the Board that he and his foreman went to check on the status of clean up on UT 110 by the logging business and stated that improvements have been made. He recommended no legal action by the Board as long as work continues to remove materials and equipment from the road and right-of-way. Attorney Shermoen stated the business wants to work with the County and that work is currently underway to construct a landing on the property. The Board agreed to delay taking any action on the matter and directed the Highway Engineer to continue to monitor the situation and report back.

000 The Highway Engineer provided options to the Board to prevent damage to the bike trail from International Falls to Ranier from snowmobile use. The options were presented at this time as the Engineer found the grant application for DNR funds to repair damage by snowmobiles on roads and trails has to be submitted by June 29, 2001. The Highway Engineer proposed an overlay composed of taconite tailings with application to the DNR for grant funds, placing gates at intersections and access to trail, placing barricades and/or using only portions of the bike trail with stipulations and using existing trails and roadways to reach destinations. In addition, he would ask for enforcement assistance from the Sheriff. Discussion was held on whether to apply for the grant funds for if the County receives funds now, it may be a few years before they receive funds again. The Board supported placing barricades, allowing continued use of the trail under the same policy but with an increased snow coverage requirement and that there be continuous monitoring and enforcement during the snowmobile season. If it is found that damage is still occurring from use of snowmobiles on the trail, the Board will have to look at repair costs and stricter policy.

2001/06-55 Motion by Lepper, seconded by Chezick authorizing the Highway Engineer to request bids for UT 392 (Vidas Access) and CSAH 118 (Nelson Park) road work. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-56 Motion by Pavleck, seconded by Lepper authorizing the Highway Department to put in a culvert and access drive to assist in the development of a Ground Support Manufacturing business in the Littlefork Industrial Park with cost billed to the Koochiching Economic Development Authority for payment. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:00 p.m. Derek Mason addressed the Board with a request for a refund or clear title to property purchased at the County’s land sale as he found there was not clear title to the property when seeking financing to build his home. He stated at the time be bought the property, he had to make a down payment and he also checked with the County Recorder to see if there were any liens or issues with the property and they told him there was not. After finding he could not obtain financing, he went back for a refund and was told it was not refundable. The Land Commissioner and County Attorney stated that the sale notice given to buyers states that clear title is not guaranteed and that down payments are non-refundable. Commissioner Chezick stated that this issue was looked at two years ago and it was concluded that the Board could not give clear title but could give a refund. He stated that quiet title action has to be taken to get clear title and that the minimum bid price takes into account the property may not have clear title. The Board agreed to place this item on the agenda next Tuesday to discuss with the Land Commissioner and County Attorney. Mr. Mason will be notified of the date and time.

2001/06-57 Motion by Lepper, seconded by Pavleck to adjourn the meeting at 12:10 p.m. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.