International Falls City Council Monday agreed to seek a Minnesota Court of Appeals review of decisions made by the Minnesota Department of Transportation commissioner and MnDOT in connection with a plan by Koochiching County to relocate the northern entrance of Minnesota Highway 332.
The council, following a closed session that lasted about one hour, claims that MnDOT Commissioner Tom Sorel and MnDOT violated state law when it accepted recommendations from a MnDOT Dispute Resolution Board in April.
The council will seek a writ of certiorari to review decisions issued by the board.
In legal terms, the city petitioned the court of appeal for a writ of certiorari. A a writ is a formal written order issued by a body with administrative or judicial jurisdiction. A certiorari is the writ that an appellate court issues to a lower court in order to review its judgment for legal error and review, where no appeal is available as a matter of right.
The dispute board was convened at the request of county officials after the council took no action on a county request that it approve designation of a portion of the road as a county state aid highway. Sorel accepted the board’s recommendations and granted the county’s request to designate CSAH 155 and said the city did not have the right to approve plans for the road.
The council will challenge two issues regarding Sorel’s order. In documents prepared by City Attorney Joe Boyle, the council claims that under Minnesota law, the MnDOT commissioner cannot designate a county state aid highway within a city without the city’s approval. In addition, the documents say that Minnesota law prohibits the MnDOT commissioner from authorizing the preparation of final construction plans of a CSAH within a city without the city’s approval.
After the meeting, Boyle said the League of Minnesota Cities will file a brief in support of the city’s position. A letter to Sorel written by Thomas L. Grundhoefer, attorney for the league, said that the league believes that the provisions of certain state laws “have been largely ignored.”
Boyle also said that the city’s position that state law has been violated in the process is supported by the Coalition of Greater Minnesota Cities.
The two organizations are supporting International Falls in an effort to make sure other cities rights under state law are not violated, Boyle said.
In related business, the council heard an opinion from Boyle that Minnesota Highway 332 is owned by the state.
As for vacation of a portion of the road known as the Burner Road, Boyle said state, city and county officials have understood that the city would receive the road back and that vacation would be handled pursuant to the city’s charter.
Should the county and state “renege on this understanding” because the Burner Road was apparently a county state aid highway at one time, Boyle said the city’s charter allows only the city to vacate or discontinue use of public property.
International Falls City Council will send a letter to Robert Whiting, U.S. Army Corps of Engineers regulatory chief, St. Paul District, expressing concern about a letter he sent to Thor Thompson, regarding development on property he owns along U.S. Highway 53.
The letter tells Thompson that, despite a restoration order reversed by the Minnesota Board of Water and Soil Resources, he must follow through with a restoration order. In the letter, Whiting says that the reversal by the state board is not relevant to determining whether there is federal jurisdiction over the site under the Clean Water Act.
Councilor Tim “Chopper” McBride, who made the motion, urged the council to send a copy of the letter to U.S. Rep. Jim Oberstar, who has authored legislation to modify the Clean Water Act.
Oberstar has said that state Wetland Conservation Act rules take precedent over the federal Clean Water Act because they are more stringent. McBride pointed at the letter as an example of federal rules superseding Minnesota rules.
Boyle said a portion of the letter indicates that Whiting was misinformed. The letter states that the “appeal decision was not based on any site-specific information that would suggest that wetlands were not filled at your site.” Boyle said Tom Toratti, former Koochiching Soil and Water Conservation District technician, has a file with a sketch of the property and notes that says Thompson’s property is not a wetland.
“Tom Toratti is Thor Thompson’s clear witness that he did nothing wrong in the city limits of International Falls,” Boyle said.

International Falls council news notes
• The Falls City Council heard from Raoul Lufbery, acting superintendent of Voyageurs National Park, that $1.4 million has been awarded to the park to build a 49-passenger, 50-foot tour boat for Rainy Lake.
• The council agreed to contract with E-GADS Inc., Bemidji, Guy Sharpe, building official, for the services of building official.
• The council adopted a 2008-09 strategic action plan, which will be presented to the Koochiching County Board today. Five strategies, each with goals, are included in the plan: Provide proactive economic and community development leadership and support; engage the citizens of the International Falls community as partners in local government; Create a healthy and positive working environment for city employees; Be proactive on legislative issues affecting local city government; Ensure the delivery of city government services with budget parameters.
• The council heard from Police Chief Chris Raboin that two-seated buggies are lawful on city streets provided they are licensed and street legal. Councilors and Raboin said they have received a number of calls from people about the two-seaters.