LAKEWOOD BOARD of SUPERVISORS MEETING
April 4, 2005
The April 2005 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Diane Larson on Monday, April 4, 2005 at 6:35 p.m. at the Lakewood Town Hall. Supervisors present: Diane Larson, Hugo Leider and Tim Musick. Also present were Treasurer Brenda Lagarde, Office Coordinator Lauren Quigley, Attorney Tim Strom, Department Heads, and public citizens (register attached).
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Review of Agenda: The proposed agenda was approved by consensus.
Review of Minutes:
- March 7, 2005 Board of Supervisors Meeting –Motion by Musick to approve the minutes as printed. Second by Leider. Motion Carried.
- March 8, 2005 Board of Canvass Meeting---Motion by Leider to approve the minutes as printed. Second by Larson. Motion Carried.
- March 21, 2005 Reorganization Meeting---Motion by Leider to approve the minutes with a correction on page 4---“not” rather than no; and noting that on Page 116 of Planning and Zoning Ordinance Book that it is stated that the Chair shall appoint members with Board approval. Suggested this be considered for change. Second by Musick. Motion Carried.
- March 28, 2005 Special Board Meeting to Interview Zoning Administrator Candidates---Motion by Musick to approve the minutes as printed. Second by Larson. Motion Carried.
Financial Report:
Treasurers Report:
Treasurer Brenda Lagarde presented the reports of receipts, disbursements and balances. The total fund balance to date is $822,391.04 which includes the bond receipts for the new Fire Hall. The statement balances with the Clerk’s records and with the outstanding checks, with the monthly bank statement. Motion by Leider to approve the Treasurer’s report. Second by Musick. Motion Carried.
Bills/Claims: The monthly claims were presented for an amount of $23,721.72. Motion by Leider to approve payment of claims 2904 through 2954 in the amount of $23,721.72. Second by Musick. Motion Carried.
Supervisor Comments: Hugo Leider: Reviewed points about conducting meetings. Order of meetings is maintained by following Robert’s Rules of Order. The public should be invited and encouraged to provide input, with approval of the Chair. There should not be outbursts of comments. Everyone wishing to participate and make comments should obtain approval of the Chair of the meeting. Supervisor authority goes from time of gavel to gavel only. The Supervisors do not have authority during other times, except the Chair who has authority to sign on behalf of the Board when necessary and all matters of business require a vote of the Board of Supervisors. The Planning and Zoning Commission should follow the Comprehensive Land Use Plan as the basis for decisions related to the Zoning Ordinance. He noted that the CLUP should be reviewed every five years and that the State recommends it be updated every 10 years. Leider also raised a question about a fire access road to McQuade Road.
Supervisor Musick related to items which were covered at the recent Short Course. An attorney presented thoughts about meetings. More informal type meetings may be more advantageous than very formal meetings in obtaining input and participation of the public.
Update of Comprehensive Land Use Plan---there is a possibility of obtaining a grant with one-half of the cost from ARDC.
Town Attorney Report: Tim Strom
- On review of Comprehensive Land Use Plans, Strom indicated that Duluth Township just completed a review. He suggested that two people who may be contacted there are Sue Lawson and Wayne Dahlberg.
- On the Fire Hall Project, the notice for invitation of bids was published and posted and the bids will be opened on April 14 at 2 p.m. The bids will then be reviewed for lowest responsible bidder with the Board of Supervisors reviewing the bids on April 18 at 4 p.m. He indicated that if there are problematic issues of the bids that he be given ample notice as he will not be present on April 18th. Supervisor Larson noted three items that should be checked when a contractor is selected. Strom indicated he has reviewed the language with Architectural Resources and that the Contractor selected must comply with three issues required of the township. Following the bid selected, the Clerk should coordinate a meeting with the Architect, Contractor, Attorney and the Board members to clarify all of the items of the contract and project.
- On the Tisdell request for a variance, Strom is reviewing the application and will make a recommendation. He will strive to give legal advice; needs adequate time and notice so he can research and give a formal opinion. April is a very busy month for his schedule. Motion by Leider to request Attorney Strom to fully review the Tisdell request and provide legal counsel to the Town. Second by Musick. Motion Carried.
Business involving members of public present:
- Web Site Development – Dalton Johnson was present to comment and gave a demonstration and proposal for establishing and maintaining a town web site. He would set up a site for $500.00 and maintain it for a monthly fee of $20.00. It was noted that the maintenance fee is a bargain. Johnson left his phone number for contact. The Web Site item was referred to the May Board meeting agenda.
- McQuade Project Representative: Len Johnson offered to serve as a liaison from the township to the Project; attending meetings and gathering information. A Supervisor would need to be named as the official representative on the Joint Powers Board. Motion by Leider to name Len Johnson as representative to the McQuade Project. Second by Musick. Motion Carried. Supervisor Leider volunteered to be the Town’s representative to the McQuade Joint Powers Board.
Department Reports:
Fire Dept. – Kurt Rogers
- Four calls during past month.
- Dept. is submitting a grant to FEMA for $140,000.00 with a five per cent match required.
- Three dept. personnel attended the state fire school. They demonstrated a new Lakewood pump and had excellent response from it.
- An appreciation to the Fire Dept. was noted by Don Putnam and concurred by the Supervisors, for their professionalism during crisis situations. The police involved with crises in our township have also acknowledged the professional manner of our fire department.
Planning and Zoning Commission – No representative present.
Zoning Issues –
- Diane Larson read letters received from LeAnn Brown and Inese Holte regarding the application for an Amish Furniture store in the LIU-10 zone. A question was raised on the possibility of a sale by the current owner after establishment. Another letter submitted by a citizen was read raising concerns about the awarding of a conditional use permit for this use in the LIU-10 zone. There was
- discussion on the conditional use permit granted by the Planning and Zoning Commission. Supervisor Musick raised the question about the decision as related to the County Zoning Ordinance which would not allow such a use in the LIU zone and the use as allowed by the Town’s Zoning Ordinance.
- Attorney Strom indicated the conditional use goes with the property.
- Motion by Musick that the conditional use permit be denied as there was an error with the application submitted by the Amish Furniture Co and to request the Planning and Zoning Commission to reconsider. Second by Larson. After a period of discussion Musick withdrew his motion and was concurred by Larson. It was agreed by consensus to request the Planning and Zoning Commission to review the uses allowed on the tables in the Zoning Ordinance book and to review the County Zoning Ordinance in regard to uses allowed in specific zones.
Road Bids: At this time the road bids were opened. One bid was received---from Greg Kunst Construction Company. There was discussion on the listing of the performance bond cost – a part of the bid. Motion by Leider to forgo the performance bond requirement for road materials and maintenance. Second by Musick. Motion Carried.
Motion by Leider to accept the bid submitted by Greg Kunst Construction. Second by Musick. Motion Carried.
Zoning Issues (continued): Motion by Leider to request Attorney Strom to draft a language for a moratorium on retail sales uses in the LIU-10 zone while the Planning and Zoning Commission and Board of Supervisors review the use classifications in the Zoning Ordinance book. Second by Musick. Motion Carried.
The Board requested that Attorney Strom draw up a moratorium and that the item be referred to the May meeting agenda for discussion and action. The Board noted that the zoning change made on 3-7-05 needs to be published and posted.
Zoning Administrator Report – LeAnn Brown
- LeAnn Brown introduced herself to all present.
- No building permits were issued in the past month with two pending and that the Planning and Zoning Commission issued two conditional use permits following the March 30 hearings – one to Evergreen Lawn Service for a home business and another to Amish Furniture Warehouse for a store in the LIU-10 zone.
- Al Eastman was elected chair of the Planning and Zoning Commission for the next year.
Grounds and Maintenance – Don Putnam
- There was a break-in in the Town Hall over past weekend – came in back exit doors. No apparent damage.
- Door locks for Hall main entry and office doors – Don is looking at replacement options.
- Have contacted two contractors on Hall roof replacement. Bids range about $7,000-9,000. Both advised to keep the present roof in tact and to do an overlay.
- The kitchen storage cabinets for the Nu-Agers need shelves replaced. Motion by Leider to expend up to $160.00 from the Buildings and Grounds fund for shelf replacement.
- Second by Musick. Motion Carried. It was noted that there would be sales tax and that the amount would not be sufficient. Motion by Lieder to amend the motion to approve an expenditure up to $175.00. Second by Musick. Motion Carried.
- Fertilizing of Soccer Field – Scott Anderson has indicated that the Soccer Association
- will pay for the annual spring application.
- In need of a new brush cutter for roads. A quality cutter is available for $397.00. Motion by Leider to expend $397.00 from the Road and Bridge fund for a brush cutter. Second by Musick. Motion Carried.
Road and Bridge – Don Putnam
- Has received a number of calls on need for road grading. Grading is planned for next week.
- Two residents on township roads indicated they will be doing their own chloride application. Question on issue of legality for township. Supervisor Larson agreed to contact the Minnesota Ass’n of Townships on this.
- Annual Board Road Review – Set Saturday, April 16, 2005 at 9:00 a.m. for the Road Review with all Board members planning to attend. Will meet at Town Hall to begin.
- Equipment – Supervisor Musick indicated that information received at the MAT Short Course about the use of safety equipment such as reflective signs. Supervisor Larson indicated that reflective vests should also be worn by all who are on roads doing work. Don was requested to develop a list including prices of these items as necessary safety equipment and gear and bring to the next Board meeting.
- North Tischer Road – speed limit. Does something further need to be done? Don will check with St. Louis Co. public works since it is a public road.
Recycling – Merle Abernethy
- All is o.k., need some new 100 watt bulbs for lighting.
Recreation – Reported by Don Putnam
- Scott has contacted the Duluth School District about using the Lakewood School for the summer youth program since construction of the new Fire Hall will be underway.
- Requested ad in Town newsletter for recreation assistants needed for the summer youth program.
Public Comment:
- Comment made about the Board of Supervisors requesting the Planning and Zoning Commission to give serious consideration to their role in planning and zoning matters and to provide an openness for public input and participation in zoning matters.
- On the Fire Hall project, it will be important for the contractors to have Federal I.D. numbers.
Committee Reports:
- MPAC – Musick. Len Johnson gave details of progress on project.
- NSMB – Leider. No meeting held.
- DAT – Leider.
- SLCTA – All Supervisors.
Unfinished Business:
1. Newsletter---items to include: general items.
New Business: None
Other:
1. Handicap voting – requirements for special machines in 2006. MAT is working to help the townships to receive funding support for purchase of the special equipment.
2. Training for Supervisors for Board of Review & Equalization – one supervisor is required
by State Statutues to be trained by 2006. MAT recommends that all Supervisors be trained.
3. Pond dug at Oak/Apple area: Refer to DNR to address.
There was no other business brought forth to the Meeting.
Motion by Leider to Adjourn at 9:55 p.m. Second by Musick. Motion Carried.
The Next Regular Board Meeting is Wednesday May 4, 2005 at 7:00 p.m. at the Town Hall.
Respectfully Submitted;
Recorded by Lauren Quigley and transcribed by Gene Bromenshenkel
Minutes subject to approval at next regular Meeting.