** Draft Copy of Minutes—Subject to approval at next regular meeting
LAKEWOOD BOARD of SUPERVISORS MEETING
September 5, 2007
The September 2007 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Tim Musick on Wednesday September 5, 2007 at 7:03 p.m. at the Lakewood Town Hall. Supervisors present: Tim Musick, Phil Halverson, Shannon Ostazeski, Chuck Campbell, and Jerry Larson. Also present were Treasurer Brenda Lagarde, Clerk Gene Bromenshenkel, Office Coordinator Lauren Quigley, 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 Chair established by an agreement of consensus to take a time certain break at 8:30 p.m. at which time, the payroll checks would be signed.
- NSMB Claim – reissue of claim—to be handled as a part of financial report.
- Motion by Larson to approve the agenda as amended. Second by Campbell. Motion Carried.
Review of Minutes:
- August 1, 2007 Board of Supervisors Meeting---Corrections noted---on page one---under review of July 11 minutes, should read “He believes there---“ (misspelling of there), On page three---under Amish Furniture Haus discussion---Supervisor Musick comment: ---recognizing some retail may be a part but not the major function. (sentence missing the word “not”). On page two---Under Dick Bodine report with Jay Bellows on towers---correction on a number of items---suggested to include the revised statement from Bodine for Jay Bellows title and representation. It was agreed by consensus to put the clarification by Bodine under the Planning and Zoning Commission report. Motion by Ostazeski to approve the minutes amending the typos and adding Dick Bodine’s e-mail statement as a clarification under other legal items. There was no second to the motion, therefore the motion died.
- Motion by Campbell to approve the minutes as amended with the typos corrected and to add the Dick Bodine e-mail statement as a clarification to the 9-5-2007 minutes. Second by Larson. Vote on Motion: Aye-2, Naye-2. The Chair voted in the affirmative. The Motion Carried. See attachment of e-mail from Dick Bodine for clarification of report on amateur communications towers.
Insert of clarification from Dick Bodine:
I would like the following be entered into the record for the Sept. Town Board meeting as a correction and additional information if possible as well as forwarded to the commissioners if you feel it necessary.
Other Legal Items, paragraph 2.
1. Jay Bellows position is Dakota Division Director and volunteer Counsel for the American Radio Relay League.
2. Mr. Bellows explained that commercial entities have much more latitude for choosing a tower site whereas Amateur Radio operators are limited to their property and therefore restrictions allowed to be implemented by local government for commercial installations are greater than those for Amateur installations. Rules governing Commercial and Amateur radio are codified in different parts within CFR Title 47. Amateurs have limited resources and the FCC recognized that by the declaratory ruling of the FCC regarding PRB-1... “Nevertheless, local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose.” He also stated if there hasn’t been an issue with (for example) tower height or guy wires in the past legislation against those would be a violation of federal law.
This was my first opportunity to read the August board minutes. I realize there was a lot going on at the meeting and thought it necessary to clarify a few points.
Thanks, Dick
Dick Bodine
Financial Report:
Treasurer’s Report: Treasurer Brenda Lagarde reported all receipts, disbursements and balance totals to date with the total fund balances of $234,555.33. With deposits in transit and outstanding checks, the statement balances with the monthly bank statement. The Treasurer’s cash control statement balances with the Clerk’s cash balance statement. It was noted by Treasurer Legarde that the General fund and the Buildings and Grounds fund are in the negative at this time after the first half of taxes have been received.
Bills/Claims: Clerk Gene Bromenshenkel presented the month’s claims and reviewed the amounts and purpose for billings. The Clerk explained a number of the claims in detail. The claim #4416 in amount of $750.00 was re-submitted as it was not approved at the last Board meeting. There was no action taken on the claim, therefore it remains unapproved. Motion by Campbell to approve the payment of claims #4467 through 4511/ Second by Halverson. Motion Carried.
Budget Report: The Clerk presented the monthly budget summary showing receipts and disbursements through August and the August Board meeting. It was agreed that the General Fund and Buildings and Grounds budgets should be reviewed with additional expenditure projections provided for the next Board meeting.
Public Comment:
- Jerry Norick: Has a question about advertising for public meetings—related to a recent public hearing and the recessed sessions. His question was whether or not the recessed meetings are advertised. The response was: no, it is not legally required. There was a suggestion that recessed meetings be either published posted and/or put on the web site. Motion by Halverson to establish a policy to publish minutes only after they are approved and the recorders and staff to publish notice of all scheduled and reconvened/recessed meetings on the web site and posted at the official town posting sites. Second by Campbell. Public Comment on Motion: Jo Pufahl---feels that not publishing minutes until approved is exclusive and not informative for the public. Jerry Norick---feels they should be available to the public as soon as possible after a meeting. Dick Bodine---suggests moving the disclaimer for non-approved minutes to the top of the printed minutes. Supervisor Halverson requested to withdraw the motion. It was agreed by Campbell who seconded the motion. Vote to agree to withdraw the motion: All were in favor. The motion was withdrawn.
Motion by Campbell to publish on the web and make available to the public, minutes of meetings as well as all public meeting dates including all scheduled, rescheduled and recessed meetings. Second by Larson. Motion Carried.
- Dick Bodine: He reiterated the clarifications requested for the presentation given by Jay Bellows and that his position is the director of the Dakota Division and volunteer counsel for the American Radio Relay League. (See under amendment to minutes, the full clarification of the presentation given by Mr. Bellows at the August Board Meeting).
Attorney Report: Tim Strom
Attorney Strom was not present and indicated via e-mail communication the items he wanted to report which include:
- Highway 61 Expressway suit---feels that Attorney Tiede will continue to guide the Board through the process. He referenced an August 13, 2007 letter from Tiede asking the Board if they
wished to set up a closed meeting time to meet with Tiede. Supervisor Halverson feels he doesn’t see the need for another closed meeting. Supervisor Campbell fells we should have a closed meeting. Supervisors Larson and Ostazeski concurred. Dates for a closed meeting were discussed---September 12 or 19 at 8 a.m. or after 4 p.m. were given as possibilities with Chair Musick to arrange a date and time with Tiede to do a conference call if that method is legal.
- Lipe Bros. Reported on actions of the Planning and Zoning Commission at the August 28 Hearing and the recession of the Hearing to Sept. 17th.
Department Reports:
Fire Department – Jo Pufahl
- Two calls during the past month; both for mutual aid.
- Received the $10,000 FEMA grant which was requested earlier this year.
- Portable Pump---the impeller is badly worn. Estimate of $800.00 to replace.
- Dept. is requesting approval for computer software to tie into a state fire reporting system. The cost is $320.00 for the software.
- The Dept. would like to purchase a digital camera to record accidents, etc. It is an aid in training. Estimated cost is $300.
- The Dept. is requesting additional computer storage such as a stick which costs about $100.00. Dick Bodine suggested the Dept. may want to look at a DVD burner rather than the proposed memory stick.
- The Dept. would like to purchase a projector for training purposes. This would be a digital projector with an estimated cost of $750.00.
- Jerry Norick complemented the Fire Dept. on their support during the power outage due to winds in July. They aided in providing water to livestock as Norick’s were with out power for an extended period.
- Motion by Halverson to approve an expenditure up to $2,000 from the fire fund (fund 260) for the purchase of repairing the impeller pump, digital camera, computer backup and projector. Second by Larson. Motion Carried.
The Chair declared the agreed upon recess at this time (8:40 p.m.) The Meeting was reconvened at 8:50 p.m.
Maintenance and Grounds – Don Putnam
- Obtained a new bid for the memorial monument---amount is $5,000.
- A variance is required for the monument to be constructed due to a lack of adequate setback distance from the road center line. The variance hearing is on Sept. 11th.
- Complete bids have been obtained on the ice rink water storage tank. The total cost is $7,800 which includes a price of $1,500 for a used 5,000 gal tank, the pumps and switches. Motion by Campbell to expend $7,800 from the Recreation Fund for the tank, pumps, etc. Second by Larson. Motion Carried.
- There was discussion about the memorial monument at the Old Town Hall Site on Strand and Lester River Roads. Should the property be surveyed? Chair Musick requested Don Putnam to check into the cost of surveying. There was no action taken on the discussion.
- Soccer Field needs revamping---Supervisor Campbell will discuss revamping and improvement possibilities with Scott Anderson.
Road and Bridge – Don Putnam
- Has completed the Lavis Road drainage situation where ditching was done.
- Road grading – roads are in fair condition. Question was raised about contractor doing roads without approval from Road Foreman. Road Foreman has not made any agreement with the bid contractor on periodic grading; rather on a request basis. There were comments about some roads and increased maintenance required because of home businesses operating on the roads.
- Supervisors Musick and Larson reiterated that when home business permits are granted, zoning needs to consider the road traffic and required increased maintenance required.
Recycling – Merle Abernethy
- Bees are a problem again.
- Received verification that all aluminum can recycling proceeds received by the School District are received by and used for programs at the Lakewood Elementary School only.
Planning and Zoning Commission Report – Bob Wolfe
- No report from August meeting---the agenda was tabled to the September meeting due to the length of the recessed Lipe public hearing held on the date.
- The Lipe Public Hearing was recessed to September 17th at 6 p.m.
- For developing Ordinance language on depositing of fill material, the Commission recommended that the public be invited to participate through an announcement in the Town newsletter.
- On signage—working on Ordinance language.
- On amateur towers, working on Ordinance language. Attorney Strom feels that the FCC has not defined regulation for guyed amateur towers. There was discussion about contacting a MAT attorney regarding the handling of amateur and commercial communication towers. Supervisors Halverson offered to contact MAT. Supervisor Halverson suggested that proponents of telecommunication towers should provide a basis for need and details of the benefits to the township. Bob Wolfe indicated that the Commission is seeking direction as to how to proceed and with what language proposals for telecommunication towers.
- Supervisor Larson: Applicants for telecommunication tower permits need to define the public needs for such towers.
- Supervisor Ostazeski: The Ordinance language looks good compared to other areas.
- Wolfe introduced the proposed text changes from the July Public Hearing-he reviewed the language proposal for the Board to consider.
Proposed Changes in Ordinance and Enactment by Board by Article and Section:
· Motion by Halverson to adopt the recommended language and change in Article IX, Section 6.02 (Related to Public Hearings). Second by Campbell. Vote on Motion: All voted in the affirmative. Motion Carried.
· Article VIII, Section 4---Appeals from Decisions. Recommendation from Commission is to reject the language as proposed at the Hearing. Motion by Halverson to adopt the amendment as originally proposed by the Commission and proposed at the Public Hearing. Second by Campbell. Vote on Motion: All voted in the affirmative. Motion Carried.
· Article VIII, Section 6.03---Appeals from Board of Adjustment Decisions. Motion by Larson to approve the recommendation of the Planning and Zoning Commission (changing time for appeals to seven business days). Second by Ostazeski. Vote on Motion: All in favor. Motion Carried.
· Article VIII, Section 7---Amendments. Motion by Ostazeski to approve all of section 7.03 as proposed by the Planning and Zoning Commission to the Public Hearing (7.03, A-F). Second by Campbell. Vote on Motion: All in Favor. Motion Carried.
· Motion by Ostazeski to approve changes proposed for Article VIII, Sections 7.01 and 7.02. Second by Campbell. Motion to amend the motion by Ostazeski to modify Section 7.02, subsection C in final sentence: “The Town Board in the manner prescribed by Minnesota Statutes, may by ordinance, adopt, reject, or modify the amendment or any portion thereof as it deems advisable.” There was no second to the motion. Motion by Ostazeski to approve sections 7.01 and 7.02 and leave 7.02 C as proposed. Second by Larson. Section C: “After conducting a public hearing on an ordinance text amendment, the Commission shall report in writing to the Town Board within 31 days of the close of the hearing. Upon filing of a report by the Commission, the Town Board in the manner prescribed by Minnesota Statutes, may by ordinance adopt the amendment or any portion thereof as it deems advisable”. Motion to amend the motion made by Halverson on section 7.02 (C): “Upon filing of a report by the Commission, or if no report is filed within 31 days, the Town Board in the manner prescribed by Minnesota Statutes may by ordinance adopt, modify, or reject the amendment or any portion thereof as it deems advisable. Second by Ostazeski. Vote on Amendment: All in Favor. Amendment passes. There was discussion on the motion as amended. The Chair called for the Vote on the Motion: All were in Favor, Motion Carried.
· Article II, Section 3: Definition of Retail Sales. Motion by Campbell to accept retail
· sales definition as recommended by the Planning and Zoning Commission. Second by Halverson. Vote on Motion: Aye-4, Naye-1; Motion Carried.
· Article V: Section 4: Zone Districts and Purposes. Motion by Ostazeski to approve wordage of sub-sections 1, 2 and to change 3 to “uses should be wholesale”. Second by Larson. Vote on Motion: All were in favor. Motion Carried.
· Article V, Section 5: Use Classification Table. Motion by Larson to approve the changes in uses in Article V, Section 5 as recommended by the Planning and Zoning Commission with the “C’S” in LIU-10 zone to all have asterisks and all changes in the LIU-10 classification table as recommended, except that no asterisk be assigned to fire station and commercial communication towers, recycling center-governmental. Second by Ostazeski. Vote on Motion: Aye-3, Naye-2. Motion Carried.
The Clerk informed the Board of the requirement to publish the Zoning Ordinance changes in the official newspaper within 20 days and the option to publish as a summary rather than the full text if the Board approves by a four-fifths vote. Motion by Campbell to publish a summary of the Zoning Ordinance amendments approved on 9-5-2007. Second by Halverson. Vote on Motion: All five members voted in favor. Motion Carried.
Weed Inspector Position: One application was received for the position---from Robert Shaw. The Board reviewed the application. Motion by Campbell to hire Robert Shaw as Town Weed Inspector. Second by Larson. Motion Carried. Supervisor Ostazeski agreed to serve as the liaison Supervisor to the position.
Zoning Administrator: Brennan Mears
- Two variance hearings are upcoming-both to be held on September 11th.
- Six zoning permits were issued during the past month.
- Other items can wait until the next Board meeting.
Recreation – Scott Anderson – no report
Committee Reports:
- SLCTA – The Annual Meeting is scheduled for October.
- MPAC – Jerry Larson---35 people attended the recent meeting. Concerns were expressed over the delay in the open house which was originally scheduled for 9/07 and has now been moved to 6/08. The Federal Government is holding up funds for completion of the project. Also, with the lower Lake Superior water levels, there will need to be additional dredging to make the access useable.
Unfinished Business:
1. Next Town Newsletter---September edition. Usual items.
2. CLUP Update: The Steering Committee and Center for Rural Planning staff will give an update report at the October Board of Supervisors meeting.
3. Town Properties Insurance---the MAT Agency is reviewing the proposed replacement values for all townships and will be providing an update for these figures in the near future.
New Business:
1. City of Duluth request for update in Animal Control Contract---no action taken. Postponed to October meeting agenda.
There was no other business brought forth at the Meeting.
The Next Monthly Board Meeting is Wednesday October 3, 2007 at 7:00 p.m. at the Lakewood Town Hall.
Motion by Larson to adjourn the Meeting at 12:13 a.m. on 9-6-2007. Second by Ostazeski. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk