Board Minutes

for

June 26, 2001

 

SPECIAL MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, June 26, 2001; 9:45 a.m.

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

MEMBERS ABSENT: None

OTHERS ATTENDING: Ann Coulombe, Della Warren, Barb West, Roger Andrascik, Richard Lehtinen, Jim Leinum, Ken and Sheila Bahr, Steve Blair, Terry Glowack, Ed Oerichbauer, David Johnson, Dennis Hummitzsch, Mr. And Mrs. Derek Mason, Doug Grindall, Muriel Severt, Doug Skrief, Dale Johnson, Jerry Andre, Bob Anderson, Susan Baratono, Thor Einarson; Reporters Laurel Beager and Roger Jerome

2001/06-58 Motion by Lepper, seconded by McBride to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-59 Motion by McBride, seconded by Pavleck to approve the minutes of the June 19, 2001 regular meeting. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

000 Board received notice of the part time hire of Randall Borden for Boat and Water Patrol for the Sheriff’s Office.

2001/06-60 Motion by McBride, seconded by Pavleck reaffirming the On-Call Policy for Hospice and Home Health Care registered nurses engaged to wait for deliverance of physician ordered direct home care services to vulnerable patients. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-61 Motion by McBride, seconded by Lepper authorizing the allocation of held tax forfeited apportionment funds in the General Revenue Fund for unorganized services as follows: $21,043 to be added to the 2001 Survey Budget for enhancement projects with remaining funds deferred into future department budgets until expended and $10,000 to the Highway Fund for milling work. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-62 Motion by Pavleck, seconded by McBride to authorize the Survey Department to purchase survey marker signs as recommended by the Survey Committee with expenditure from the Survey Enhancement Funds. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-63 Motion by Lepper, seconded by McBride to approve payment to MacDonald & Mack Architects in the amount of $4,650.00 for schematic design work for the Veterans Memorial per contract with payment from the Veterans Memorial Budget, to approve payment to Johnson, Killen & Seiler, P.A. for May personnel legal services in the amount of $1,050.00 with payment from the Administration Budget, to approve payment of the Public Health claims in the amount of $15,605.99 with detail on file in the Public Health Department, to approve payment of Community Service’s social service and financial claims and administrative expenditures as presented with detail on file in the Community Service Agency, and to approve payment of the following burial cases: #812087 in the amount of $119.59 and #855846 in the amount of $575.02. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-64 Motion by Pavleck, seconded by McBride accepting the following Foster Day Care and Day Care Licensing recommendations: case #43018 for group family day care of twelve children; case #40270 for family day care of ten children; case #40279 for group family day care of twelve children, case #43018 for family day care of seven children, case #60672 for family day care of ten children, and case #56999 for family day care of ten children. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-65 Motion by Lepper, seconded by McBride approving the renewal of the Koochiching Family Service Collaborative Joint Powers Agreement as presented, contingent on the County Attorney’s approval and as recommended by the Family Collaborative Coordinator and Board. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-66 Motion by McBride, seconded by Pavleck authorizing the Board Chair to send a letter to federal representatives and the Minnesota Department of Transportation with copies to our Highway Engineer and District Engineer requesting transportation funding for the tour boat in Voyageurs National Park. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

20001/06-67 Motion by McBride, seconded by Pavleck authorizing the serving of alcohol at City Beach on June 26, 2001 for Jamar Company’s appreciation dinner. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-68 Motion by Pavleck, seconded by Lepper approving a notice of redemption and its distribution for calling of the General Obligation Solid Waste Bonds, Series 1995, on January 1, 2002. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-69 Motion by Lepper, seconded by McBride to approve a lease with the Minnesota DNR for the taking of gravel from a pit in northwestern Koochiching County near Clementson as recommended by the Highway Engineer. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

000 The Environmental Service Director, on behalf of the Planning Commission, presented a request for an extension of the one-year moratorium for placing new billboards to allow a draft billboard policy to be reviewed by the Chamber of Commerce and Convention and Visitors Bureau. Commissioner Pavleck stated concern with this delay as businesses have been waiting for a year and another sixty days may cause a delay of placing new signs until next year. He is willing to wait two weeks but not sixty days and questioned why sixty days was needed for the Chamber and CVB to review the draft policy. The Director stated that the sixty days was based on meeting with the Chamber’s committee on July 25 and their Board in August. Jim Leinum, speaking on behalf of the business community, stated that billboards are important advertising for local businesses and felt the one-half mile recommendation in the draft policy was too restrictive as there is little land now to place billboards. He also stated that allowing billboards in the C-2 Zone was acceptable with conditions as stated in the draft policy. Commissioner Lepper stated that the draft policy should be advertised for public review and comment.

2001/06-70 Motion by Pavleck, seconded by McBride to table the request for a sixty-day extension on the new billboard placement moratorium and any action on a draft billboard policy for two weeks to allow the Environmental Director to publish the draft policy for public review and comment with this review to include comments from the Chamber and CVB. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

2001/06-71 Motion by Pavleck, seconded by McBride accepting the recommendation of the Planning Commission to grant Conditional Use Permit #0104 to Kenneth and Sheila Bahr to build a boarding kennel and to convert an existing out building for use as a meat processing facility and to grant Rezoning #0104 and Conditional Use Permit #0105 to Brian Arch at Highway 11 East across from County Road 94 to build a mini-storage and building for a chain saw carving shop. Voting yes: Hanson, McBride, Lepper, Pavleck; absent for vote: Chezick. Motion carried.

000 The Complex Superintendent presented the Board three quotes for a combined heating and cooling system for the third floor courtroom: Shannon - $9,450, Corrin - $9,750 and Fletcher Heating - $9,000 with bids including moving and wiring. In addition he provided three quotes for a cooling system for the County Jail: Shannon - $9,495, Corrin - $9,500 and Fletcher Heating - $8,800 with bids including slab and wiring. The Superintendent was directed by the Board to quote the systems and bring them back for Board consideration. The Board agreed that a cooling system was needed in the third floor courtroom as the first step in its renovation and also to make the room useable in the summer months. The cooling system in the Law Enforcement Center does not cool the jail and the Board agreed to cool the unit based on an anticipated mandate.

2001/06-72 Motion by Pavleck, seconded by Lepper accepting the low quotes from Fletcher Heating as recommended by the Complex Superintendent for a heating and cooling system for the third floor courtroom and a cooling system for the County Jail. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Land Commissioner provided the Board the land sale policy and practice used as the basis for denying Mr. Mason’s request for clear title or a down payment refund on property purchased at the last land sale. The Land Commissioner stated that the notice is clear to bidders and purchasers that the County does not warrant title and therefore certain properties may require quiet title action. In addition, individuals requesting a refund in the past have been turned down per policy. Commissioner Chezick felt there was no option in assisting Mr. Mason with clear title action and stated a refund could be considered but would have to apply to all purchasers making all sales speculative and not final. The County Attorney reiterated that the notice is clear the County does not warrant title on the property and stated the title standard becomes a problem when dealing with banks and real estate agents. The County could set policy to wait ten years before selling tax-forfeited land, which will provide clearer title but will still not guarantee clear title. The individual has two options to clear title. The first would be to tract down the previous owners and have them deed their interest to him or take quiet title action. Mr. Mason stated that one individual is deceased and another can not be located. In speaking with his attorney, quiet title action will cost $1,500 to $2,000 and may take up to six months, which prohibits them from building this year. Commissioner Pavleck, looking from a policy perspective, would be willing to give sixty days to purchasers to review titles and afford them a down payment refund but would not look to refund any other costs incurred by the individual. This is the only way he could support a refund as the County needs to treat everyone the same. He requested the Board meet in committee to discuss policy change.

2001/06-73 Motion by Hanson (Chair to McBride), seconded by Lepper to deny the request of Derek Mason for a refund or clear title on property purchase at the last land sale based on County Policy. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Highway Engineer informed the Board that agreements have been reached with the two property owners for land needed for reconstruction of the Franz Jevne State Park Road so eminent domain proceeding is not needed. He requested authorization to advertise for bids on the project.

2001/06-74 Motion by Lepper, seconded by Chezick to add authorizing to let bids for the Franz Jevne State Park Road work to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-75 Motion by Lepper, seconded by Chezick authoring the Highway Engineer to advertise for bids for the Franz Jevne State Park Road work. Voting yes: Hanson, Lepper, Chezick; voting no: McBride and Pavleck. Motion carried.

000 The Highway Engineer provided the Board five final drafts for a five-year CSAH Construction Plan with the understanding that the document serves as a guide for construction work and can be revised. The Highway Engineer recommends option one.

2001/06-76 Motion by Lepper, seconded by Pavleck approving option one as presented as the Highway Department’s five-year CSAH Construction Plan. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-77 Motion by McBride, seconded by Pavleck to add payment of a bill for work on the Littlefork Highway Garage to the agenda. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

2001/06-78 Motion by Chezick, seconded by McBride to approve payment to Davis Brothers Construction for repair of the Littlefork Highway Garage roof with ninety-five percent of the total bill, $17,912, to be paid now and the balance paid upon inspection of the work. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 Members of the Heritage Committee presented the Board with a Koochiching County Courthouse Restoration Plan which would restore the Courthouse and its grounds to its 1910 Beaux Arts Classical style. The plan would require the County Board to adopt measures to ensure that changes to the Courthouse and its grounds fit with the 1910 historic plan. In addition, the Committee requested that a representative of the County Board, the Heritage Committee and the Veterans Service Office put together an updated informational presentation on the veterans memorial plan and make every effort to inform all veteran and civic groups in the County, immediately. They also requested a written agreement with Boise Credit Union allowing the County to review all proposed construction and development on the Boise Credit Union property to ensure it is consistent with the preservation of the integrity of the veterans memorial and government civic centers. The Board received a quote from MacDonald and Mack Architects in the amount of $49,835 to develop a master plan for the historic renovation of the Courthouse and its grounds.

2001/06-79 Motion by Pavleck, seconded by McBride to approve the contract with MacDonald and Mack Architects in the amount of $49,835 to develop a master plan for the 1910 historic renovation of the Courthouse and its grounds and further, directing the Veteran Service Officer to work with the Heritage Committee to inform veteran and civic groups throughout the County on plans for the veterans memorial and to get the information out as soon as possible. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 12:00 p.m. No comment was provided.

000 Dale Johnson presented the Board with Boise Credit Union’s offer to assist in the development of the veterans memorial park in exchange for the purchase of twenty five feet of land adjacent to the Credit Union property. The Board requested a written agreement from the Credit Union on its willingness to abide to the preservation of integrity of the veterans memorial, and the City and Courthouse civic centers. Mr. Johnson stated that the Credit Union was designed and constructed to fit the integrity of the city and courthouse centers and would make the promise that future expansions would also preserve the integrity of the area. Mr. Johnson stated he was unwilling to put anything in agreement form as no one can be sure of what the future holds. He stated that the Courthouse is adjoined by other properties and asked if they will be required to sign written agreements to uphold the integrity. Again he stated his promise to preserve the integrity as it is in the best interest of the credit union and community to do so. Commissioner Pavleck asked if he would be willing to put this promise in a letter so there is documentation of this understanding. Mr. Johnson stated he would submit the letter of their intent to preserve the integrity of the government center and its memorial.

2001/06-80 Motion by McBride, seconded by Lepper to enter into a purchase agreement with Boise Credit Union for the East twenty-five feet of the West one hundred twenty five feet of Block 29, Plat of International Falls contingent on the contributions by Boise Credit Union to the Veterans Memorial Park and contingent on legal review of the purchase agreement by the County Attorney allowing the County to sell property without a public auction. It is further understood that Boise Credit Union will provide a letter of intent to preserve the integrity of the government centers and its memorial. Voting yes: Hanson, McBride, Lepper, Chezick, Pavleck. Motion carried.

Airport representatives met with the Board to request the County, as joint owner of the Airport, to begin land acquisition proceedings for three properties which are needed in order to comply with federal regulations for installation of an instrument landing system and other safety equipment for the Airport. Representatives stated that everything was done to reach agreement with these landowners but they are now at an impasse. The process was done right and fair and achieved agreements with four of the seven property owners. Through acquisition proceedings, these landowners have the opportunity to accept the original offer up until the time the acquisition is completed. This proceeding also allows the landowners an opportunity to prove the sale offer based on appraisals is low and may be afforded a higher sale price if successful in proving their case. However, it may also cause the sale price to be lower. Going through the proceedings will also allow final sales to be reimbursed with federal grant dollars. Without going through the proceedings, any amounts over the limit is not reimbursable, however, the county and city could contribute their own dollars over this limit to try to reach a deal. In discussing the matter with federal officials, we were told that the land must be purchased, that it could not be leased or an easement given, and we received special permission to purchase the property in full in order to reach a purchase agreement. Commissioner Pavleck felt the property owners should be afforded the opportunity to meet with the Board before land acquisition proceedings begin. Commissioner Chezick questioned what would be accomplished at this meeting as we are in no position to discuss value of the property. The Airport representatives agreed as the owners feel their value is higher than what the appraisal states and are now represented by attorneys, which places further negotiations on the attorney level. Commissioner Lepper stated that the City of International Falls has authorized the land acquisition proceedings and felt the County should also proceed as every means was used to afford these property owners an opportunity to reach an agreement and that going into condemnation proceedings does not preclude the land owners from halting the process and accepting an offer. Commissioner Pavleck felt the two weeks would allow the property owners a last chance to consider acceptance of the offer. Airport Commission members did not feel they would take the offer as the condemnation proceeding affords them the opportunity to argue and defend a higher value for their property.

2001/06-81 Motion by Chezick, seconded by Lepper adopting a resolution determining the necessity for and authorizing the acquisition of certain property by proceeding in Eminent Domain:

WHEREAS, the Koochiching County Board has heretofore determined that the City of International Falls and the County of Koochiching should maintain an airport with proper runways and flyways.

NOW THEREFORE BE IT RESOLVED BY THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS, MINNESOTA AS FOLLOWS: _

1. That acquisition by the City of International Falls and the County of Koochiching of
the following described property in private ownership is necessary in fee simple for the
purposes of obtaining the safe passage of aviators using the International Falls and
Koochiching County Airport:

Parcel I
That part of Lot 14-B, AUDITOR'S PLAT NO. 13, REVISED, Koochiching County, being a part of the West 834.5 feet of the Southwest Quarter of the Southwest Quarter, Section three, Township Seventy North, Range Twenty--four West described as follows: Commencing at the Southwest corner of said Section Three; thence North 0?12'22" West, bearing assumed, along the west line of said Section Three a distance of 115.00 feet to the point of beginning of the land to be described; thence South 89?42'54" East along the South line of said Lot 14-B a distance of 834.50 feet; thence North 0?12'22” West along the east line of said Lot 14-B a distance of 45.92 feet to the intersection with the northeasterly limits of Zone A of the Falls International Airport; thence North 35?48'55" West along said northeasterly limits of Zone A, a distance of 1205.51 feet to the intersection with the north line of said Lot 14-B; thence North 89?42'54" West along said north line a distance of 132.56 feet to the intersection with the west line of said Section 3; thence South 0?12'22" East along said West line a distance of 1020.00 feet to the point of beginning and there terminating. Containing 11.69 acres. Subject to County Road right of way over the West 50 feet thereof. Containing 1.17 acres. Property owned by Wayne Veillieux and Betty J. Veillieux.

Parcel II
Lot One (1), Auditor's Plat No. 10

In fee simple that real estate above-described as Parcel II, owned by Valerian Mindl and Sandra Mindl, husband and wife, and The Estate of Sharon Roderick, Victor Roderick, Personal Representative.

Parcel III
Those parts of Lots 5 and 35, Auditor's Plat No. 11, Koochiching County, being part of the North Half of the South Half of the Northeast Quarter of the Northeast Quarter (N½ S½ NE¼ NE¼), Section Nine (9), Township Seventy (70) North, Range Twenty-four (24) West of the Fourth Principal Meridian, described as follows: Commencing at the northeast corner of the Northeast Quarter of the Northeast Quarter (NE¼ NE¼); thence South 0°03'16" East, bearing assumed, along the east line of said Northeast Quarter of the Northeast Quarter (NE¼ -NE¼) a distance of 918.99 feet to the intersection with the southwesterly limits of Zone A of the Falls International Airport; thence North 52°52'37" West along said southwesterly limits of Zone A, a distance of 428.11 feet to the intersection with the north line of said Lot 5; thence South 89°53'09" East along said north line a distance of 341.11 feet to the intersection with the east line of said Northeast Quarter of the Northeast Quarter (NE¼ NE¼); thence South 0°03'16" East along said east line a distance of 257.70 feet to the point of beginning and there terminating. Containing 1.0 acres. Subject to County Road right of way over the east 50.00 feet thereof. Containing 0.27 acres. Property owned by Wayne Gorze and Evelyn Gorze.

2. The City Attorney is authorized and directed on behalf of the City of International Falls and the County of Koochiching to acquire the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes Section 117.042. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Voting yes: Hanson, McBride, Lepper, Chezick; voting no: Pavleck. Motion carried.

2001/06-82 Motion by Pavleck, seconded by Lepper to adjourn the meeting at 2:22 p.m. Voting yes: Hanson, Lepper, Chezick, Pavleck; absent for vote: McBride. Motion carried.