International Falls City Council will seek mediation with Koochiching County and Minnesota Department of Transportation officials in regard to a turnback to county jurisdiction of a portion of Minnesota Highway 332 along with $3.5 million.

The council Monday voted 3-1 in saying it could not at this time move ahead by giving approval of the MnDOT proposal to turn back to county jurisdiction the portion of Highway 332 between Highways 53 and 11 along with $3.5 million.

Councilor Tim “Chopper” McBride voted against the motion and Mayor Shawn Mason cited a conflict of interest in recusing herself from the vote.

The city’s approval is needed because the road could be designated a county state aid highway within city limits. The state Legislature would also be required to reclassify the road for the action to proceed.

A prepared resolution distributed by Boyle calls for “mediation with all parties present to protect the residential/retail areas by building a county state aid highway to the foreign trade zone connected from the northeast corner of the existing truck route and achieve the goals clearly state in our briefs to the Court of Appeals.”

A special meeting with a planned closed session announced Friday afternoon was canceled Monday morning. As Councilor Gail Rognerud offered a proposal on the turnback matter, city Attorney Joe Boyle told the council that he’d wanted to talk to Rognerud about her proposal prior to Monday’s council meeting, but was unable to.

Boyle passed out a four-page opinion that said that city approval of the turnback, as requested by the county, would cause the city to lose a case that Boyle will argue Nov. 12 before the Minnesota Court of Appeals regarding the county’s plan to reconstruct Highway 332 and its ability to designate a roadway within city limits without city approval.

“We will prevail once the annexation matter is resolve,” Boyle wrote in his opinion. “The city will be able to build a road to the foreign trade zone and legally attain the objectives I was directed to attain in the city’s brief, but only if no turnback resolution is passed.”

The city has petitioned to annex the foreign trade zone property and the potential road sites around it. Ranier is also seeking to annex the same property.

Some councilors said they did not want to jeopardize the MnDOT offer of $3.5 million, but said they felt pressured to act before knowing the full repercussions.

McBride said Aitken County is next in line for turnback proposal and the $3.5 million. He suggested the city approve the turnback, provided the Burner Road portion of Highway 332 is not vacated for at least five years.

Councilor Cynthia Jaksa said MnDOT is circumventing the legal process through the turnback offer to the county. She offered the proposal calling for mediation.

Rognerud said she would be upset if the city’s delay caused the $3.5 million to be awarded to another county. She wondered if MnDOT would provide a deadline for the city to act before it considers another county for the money.

City Administrator Rod Otterness suggested the council urge federal funding for a road to the FTZ, with local matching funds usually required coming from the $3.5 million offered to the county.

Sandy Dexter, a Highway 53 business owner, urged the council to stay the course and allow the courts to make a decision on the issue. She suggested that businesses are now suffering because of the ongoing conflict over the issue between the county and city.

Fire protection

In an effort to avoid duplication of services, the council agreed to offer a new proposal on rural fire protection to county officials.

Rognerud outlined a new proposal with two options, both for five years: $125,000 per year with no inflation clause and the Rural Fire Protection Association retains its equipment; $147,500 (about what is now collected from RFPA customers) and the city takes ownership of RFPA equipment.

The council voted unanimously to offer the second option, with the city purchasing and owning a pumper truck to replace the now 33-year old RFPA pumper, and adding a catastrophe clause.

A proposal discussed last week calls for a 10-year contract at $150,000 with an inflation clause every three years and the city owning, amortizing and replacing all RFPA equipment.

Mason said the new proposal and options allow time to build relationships and trust with the RFPA. Constituents of rural fire protection services do not want to see a duplication of services with the creation of another fire department, she said.

RFPA Board members have indicated they are considering establishing their own fire department to provide rural service.

Councilors said they’d rather build relationships than see a second fire department be developed where it is not needed.

“In five years, wounds heal, relationships are built and leadership changes on all levels,” Mason said.

McBride strongly opposed the first option, saying $125,000 was too little for the service.

The council has asked county officials to decide on whether to contract with the city for fire protection by Nov. 3.

Falls City Council News Notes
• Falls School District Superintendent Don Langan discussed two referendum questions before voters on the Nov. 3 ballot. The council voted to support both questions.

Question No. 1 continues an operating levy for another 10 years and provides $900,000 annually. Approval of this question should have no impact on current taxes.

Question No. 2 adds to the levy to fund youth activities. If approved, this question will increase taxes.

Without passage of question No. 1, question No. 2 cannot be approved, he noted.

• The council approved a lease agreement with Koochiching County to rent space from Nov. 1 to Dec. 31, 2010, at $350 per month to house the city mobile command center.

• The council accepted a recommendation from Police Chief Mike Musich to appoint Rich Mastin as sergeant. Mastin was ranked highest among four applicants who tested for the sergeant’s position, Musich reported.

• The council accepted a Vacation Commission report, which sets the value of a portion of Seventh Avenue at $7,500. County officials have asked the city to vacate the portion of Seventh Avenue between Fourth and Fifth streets to expand courthouse parking and to add green space to a nearby veterans memorial.

• The council will seek funds through the Northeast Minnesota Area Transportation Partnership for the International Falls Area Gateway Corridor Improvement project. The project is described at www.arrowheadplanning.org/gateway.