Koochiching County Board Minutes 2-19-02

Board Minutes

for

February 19, 2002

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, February 19, 2002; 9:45 a.m.

OTHERS ATTENDING: Ann Scholler, Richard Lehtinen, Steve Shermoen, Raoul Lufbery, Susan Baratono; Reporters Laurel Beager and Roger Jerome

2002/02-15 Motion by Lepper, seconded by Chezick to approve the agenda with additions and deletions. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-16 Motion by Pavleck, seconded by Lepper to approve the minutes of the February 5, 2002 regular meeting. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-17 Motion by Lepper, seconded by Chezick authorizing Board Chair’s signature to the Auditor’s January vendor payment listing verifying its review, approving payment of the Highway bills in the amount of $168,661.97 with detail on file in the Highway Department, and to approve payment in the amount of $157.50 to Griffith Law Office for legal service on Voyageurs National Park matters with payment from the Board’s Legal Budget and with detail on file in the Auditor’s Office. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-18 Motion by Chezick, seconded by Lepper to approve a two-year Minnesota Lawful Gambling Premises Permit Application – LG214 for the Crane Lake Voyageur Snowmobile Club for the Woodland Inn as recommended by the License Committee. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-19 Motion by Lepper, seconded by Chezick to amend Board Motion 2002/01-11 excluding independent contractors appointed as Medical Examiner and County Surveyor in the definition of employee for the purpose of coverage under the Workers’ Compensation Laws of the State of Minnesota. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-20 Motion by Chezick, seconded by Pavleck approving payment of up to $62 for electrical work associated with the replacement of the dishwasher in the Law Enforcement Center as this amount exceeds the amount approved in Board Motion 2002/01-24. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board requested an update from the Heritage Committee on the Courthouse third floor courtroom renovation, historical plan and veterans memorial. The Coordinator will schedule time with the Heritage Committee at the next available committee meeting.

2002/02-21 Motion by Chezick, seconded by Pavleck accepting low bid for a one-half ton extended cab pickup for the Car Pool/Environmental Service Department from Wherley Motors for $19,265 less a $400 trade-in of a 1986 Chevrolet Blazer. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-22 Motion by Lepper, seconded by Chezick adopting the following resolution designating a special project for state funding:

WHEREAS, County Road No. 107 is an important connection route between County State Aid Highway No. 2 and Trunk Highway l 1/71 for the International Falls area, and

WHEREAS, the roadway's current condition is such that total reconstruction is necessary before the road would serve to alleviate traffic on two other connector routes between Trunk Highway No. 53 and Trunk Highway No. 11/71 in International Falls, and

WHEREAS, all local Road & Bridge construction funding is used to preserve existing county and township bituminous roads and to match funding for bridge replacement projects, and

NOW THEREFORE BE IT RESOLVED that the Koochiching County Board of Commissioners requests its area Legislators to include this project as an amendment to SF 2515 and to any other legislation that includes a special list of highway projects for funding. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-23 Motion by Lepper, seconded by Chezick adopting the following resolution designating a special project for state funding:

WHEREAS, all unorganized township roads are under the jurisdiction of the County, and

WHEREAS, Unorganized Township No. 488 serves a 1arge resort operation with 29 houseboats that employs 50 people and serves over 4,000 houseboat guests, 2,000 private marina users, and service vendors during the summer months, and

WHEREAS, the roadway’s current condition would require complete reconstruction to improve safety and provide for an unrestricted all weather road, and

WHEREAS, all local Road & Bridge construction funding is used to preserve existing county and township bituminous roads and to match funding for bridge replacements projects, and

NOW THEREFORE BE IT RESOLVED that the Koochiching County Board of Commissioners requests its area Legislators to include this project as an amendment to SF 2515 and to any other legislation that includes a specia1 list of highway projects for funding. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-24 Motion by Lepper, seconded by Chezick adopting the following resolution designating a special project for state funding:

WHEREAS, Koochiching County, City of International Falls and Boise Cascade are investigating the possibility of constructing a 0.75 mile connection road between State Highway No. 332 and State Highway No. 11 in Section 36, Township 71 North, Range 24 West, and

WHEREAS, this proposed road would eliminate 2 miles of travel for County residents living east of Internationa1 Falls who wish to access State Highway No. 53 heading south, and

WHEREAS, this proposed road would be heavily used by tourist heading into Canada, and

WHEREAS, this project would require a signalized railroad crossing with gates and upgrading of an existing Boise Cascade road, and

WHEREAS, all local Road and Bridge construction funding is used to preserve existing county and township bituminous roads and to match funding for bridge replacements projects, and

2002/02-25 Motion by Lepper, seconded by Pavleck authorizing land acquisition proceedings for Highway purposes:

WHEREAS, the Koochiching County Highway Department proposes to reconstruct and
improve Unorganized Township Road No. 204, known as County Project No. CP 204-01, located between County Road 90 and 0.32 miles southeast; and

WHEREAS, the improvement consists of realigning, widening and reconstructing said
roadway as herein determined necessary to provide for the safety of the traveling public; and

WHEREAS, in addition to the existing highway easement, certain lands are required to
provide for said reconstruction together with a temporary highway easement and are described in PARCEL NO. 3 - HIGHWAY EASEMENT (portion of the NW1/4 of NW ¼, Section 32, Township 70 North, Range 24 West; Parcel No. 3 document on file in the Highway Department), Ownership: Kenneth L. Kelly and Dawn D. Kelly, husband and wife and Lois Kelly, single.

NOW, THEREFORE, BE IT RESOLVED that the Koochiching County Board of
Commissioners hereby authorize the County Highway Engineer to proceed to acquire the
highway easements to said lands in accordance with Minnesota Statutes.

BE IT FURTHER RESOLVED, that those lands as described in the Parcel No. 3 document, which cannot be acquired by direct negotiation, shall be acquired by eminent domain and Koochiching County hereby requests the County Attorney or his representative to file the necessary petition therefore and to prosecute such action
to a successful conclusion or until it is abandoned, dismissed or terminated by the County or Court. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-26 Motion by Lepper, seconded by Pavleck authorizing land acquisition proceedings for Highway purposes:

WHEREAS, the Koochiching County Highway Department proposes to reconstruct and improve County State Aid Highway No. 138, known as State Aid Project No. 36-738-01, located between State Trunk Highway 11 E and 1.83 miles northeast; and

WHEREAS, the improvement consists of realigning, widening and reconstructing said roadway as herein determined necessary to provide for the safety of the traveling public; and

WHEREAS, in addition to the existing platted highway easement, certain lands are required to provide for said reconstruction and are described as follows:

1. Parcel No. 13: That part of Lot 4, Block 3, Plat of Gold Shores 2nd Addition
containing 1,495 square feet. Ownership: Richard E. Swatek and Cheryl A. Swatek,
husband and wife.

2. Parcel No. 17: That part of Lot 71, Plat of 1st Addition to Gold Shores containing 3,491 square feet. Ownership: Craig S. Hunter and Ramona M. Hunter, husband and wife.

3. Parcel No. 22: Those parts of Lots 65 & 66, Plat of lst Addition to Gold Shores containing 4,548 square feet. Ownership: Darrell R. Knuffke and Barbara J. West, husband and wife.

NOW, THEREFORE, BE IT RESOLVED that the Koochiching County Board of Commissioners hereby authorize the County Highway Engineer to proceed to acquire fee title to said lands in accordance with Minnesota Statutes.

BE IT FURTHER RESOLVED that said lands, which cannot be acquired by direct negotiation, shall be acquired by eminent domain and Koochiching County hereby requests the County Attorney or his representative to file the necessary petition therefore and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the County or Court. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Environmental Service Director provided the Board the results of the survey for the proposed Jackfish Sewer Project in which 167 were in favor and 69 opposed. In addition, the Board received 11 written comments submitted during the public comment period. The Board also received notice that a petition requesting an Environmental Assessment Worksheet for the project was submitted to the Environmental Quality Board. The Board reviewed the material presented. The Director stated he would respond to the written comment. The Board was presented a resolution for proceeding with the project should they find, based on information submitted to date, that the project is feasible and is in the public’s interest to continue planning for a public sewer system to serve the Jackfish Bay area. Attorney Shermoen will present an outline to the Board at their next meeting of what steps need to be taken should they proceed and the timeline they need to work in. Commissioners Pavleck and McBride noted Commissioner Hanson’s support to move forward based on the results of the survey.

2002/02-27 Motion by Lepper, seconded by Pavleck acknowledging receipt of the notice from Petitioners’ Representative Paul Mielke that a request for an Environmental Assessment Worksheet was submitted to the Environmental Quality Board on the proposed Jackfish Bay Sewer Project. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

2002/02-28 Motion by Pavleck, seconded by Lepper adopting the following resolution for proceeding with the planning for construction of a public sewer system to serve the Jackfish Bay area:

WHEREAS, a public preliminary hearing was held in accordance with Minnesota Statutes Section 116A.08 following proper notice on January 15, 2002, at 6:30 p.m. at the Ranier Community Building in Ranier, Minnesota, to examine the feasibility of constructing a public sewer system in the Jackfish Bay area of Koochiching County, with the specific area under consideration being all that portion of Koochiching County lying North of State Highway 11 between Crystal Bay and Tilson Creek of Rainy Lake, and those parcels lying between State Highway 11 and Town Road 224, all other parcels adjacent to Town Road 224, and Lots 2 through 5, Auditor's Plat No. 6.

WHEREAS, the hearing was held open for written comment from the public until February 12, 2002, and a survey was mailed to all affected property owners to determine their wishes regarding this project.

WHEREAS, 167 of the property owners returned surveys in favor of having centralized sewer service with only 69 property owners opposed.

NOW, THEREFORE, the Koochiching County Board finds, based upon the preliminary plans and report of the engineer, Ayres Associates, the public comment received and the results of the owner survey, that this project is feasible and it is in the public interest to continue planning for construction of a public sewer system to serve the Jackfish Bay area. Ayres Associates is requested to prepare detailed engineering plans and specifications for this project, including cost estimates, and file them with the County as soon as possible. After that is accomplished, another public hearing will be held following proper notice before deciding whether to actually construct this project. Voting yes: McBride, Lepper, Pavleck; abstaining: Chezick. Motion carried.

2002/02-29 Motion by Pavleck, seconded by Lepper authorizing the Environmental Service Department to recruit members to represent Koochiching County on the Rainy Basin Local Committee. Said Committee is being formed by the MPCA for work on their Basin Plan. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:37 a.m. No comment was provided.

000 Airport Commission Secretary Susan Baratono informed the Board that no action was necessary for a “Quick Take” land condemnation proceeding for the airport expansion as they received a signed purchase agreement.

2002/02-30 Motion by Lepper, seconded by Chezick to adjourn the meeting at 11:40 a.m. Voting yes: McBride, Lepper, Chezick, Pavleck. Motion carried.