LAKEWOOD BOARD of SUPERVISORS MEETING
October 5, 2005
The October 2005 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Diane Larson on Wednesday October 5, 2005 at 7:00 p.m. at the Lakewood Town Hall. Supervisors present: Diane Larson, Hugo Leider and Tim Musick. Also present were Treasurer Brenda Lagarde, Clerk Gene Bromenshenkel, Office Coordinator Lauren Quigley, 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: Request was made to review format of department reports. Agreed by consensus to review under the Review of Minutes section of Agenda.
Review of Minutes:
- Minutes of September 7, 2005 Board of Supervisors Meeting---a correction was noted under the Weed Inspectors Report – Should read “Can’t do any cutting of weeds”.
- Motion by Musick to approved the minutes as corrected. Second by Leider. Motion Carried.
- Motion by Musick to have Department Reports in reverse order every other month excluding the fire dept. report which will be the first department report each month. Second by Leider. Motion Carried.
Financial Report:
Treasurer’s Report: Treasurer Brenda Lagarde reported the receipts, disbursements and balances in the town fund accounts. The total fund balances of $431,590.03 are in balance with the monthly bank statement and with the Clerk’s financial records. Motion by Leider to approve the Treasurer’s Report. Motion Carried.
Bills/Claims: The Clerk presented the monthly claims for bills in amount of $103,425.42 which includes a Fire Hall installment payment to the contractor for $70,656.25. Motion by Leider to pay claims #3280 through #3331 in the amount of $103,425.42. Second by Musick. Motion Carried.
Budget Report: Clerk Gene Bromenshenkel presented the monthly budget report showing receipts, expenditures and balances of all funds. Expenditures are through the September Board meeting and receipts through the end of September.
Town Attorney Report: Tim Strom
- No items of business for Attorney.
** Moose Mt. SNA (Scenic and Natural Area): This request was made by the DNR to give an update on the status of the SNA development on Moose Mountain. Bop Djupstrom from MDNR was present to give a briefing on the SNA on Moose Mt. located in Lakewood Township. Mr. Djupstrom is the statewide supervisor for the SNA Program. He outlined that there a 55 acre tract has been in place since 1988 and additional 120 acres were purchased adjacent to the site in 1999.
A survey was conducted following the public open house and information meeting over a year ago. The survey was from residents in Lakewood and the City of Duluth. Results of the Survey: 104 people from Lakewood and Duluth responded. On the survey question for comments on deer hunting, 74 people commented with 52 favoring some method for deer hunting and 21 not supportive. Safety was expressed as a concern of many. Trespassing was also given as a concern. The majority of those in favor of deer hunting in the SNA felt it should be a regulated hunt if held. The requirement by State Law governing SNA’s is that a public hearing must be held for deer hunting to be approved for an SNA.
- 80 people were in favor of adding the SNA of 120 acres to the State SNA Program.
- 51 people opposed any motorized vehicle use in the SNA.
- A smaller number responded to and favored allowance of dogs and horses on the site.
There have been several discussions with the St. Louis County Board of Commissioners following the comment period. The DNR sees the power line corridor running through the proposed SNA as a use area for snowmobiles since the vegetation in the corridor is already altered.
Question from Supervisor Larson: Is the SNA now in place?
Bob Djupstrom: The area is an SNA by state funding rules. The rules and regulations regarding the use on the 120 acre acquired parcel still have to be completed. On the original SNA parcel (55 acres), no snowmobiling or deer hunting is allowed.
Question from Supervisor Musick: Do the State Parks have restricted hunting?
Bob Djupstrom: They have a regulated hunt.
Djupstrom commented on picnicking. Probably one trail leading to the top of the power line area could be provided.
Question from Public present: How about the area where residents are adjacent to the SNA for snowmobiling?
Bob Djupstrom: The question is one of enforcement. The Conservation Officers would enforce the area the same as other areas and probably a fence would need to be constructed near entry points.
Motion by Musick that the Lakewood Board of Supervisors supports the SNA area of 177 acres. Second by Leider. Vote on Motion: two in favor, one opposed. The Motion Carried.
Motion by Musick to recommend a regulated deer hunt and it be limited to bow hunting only. The motion died for a lack of a second.
Motion by Musick to recommend a regulated deer hunt of a combination of bow and muzzle loader. The motion died for a lack of a second.
Motion by Larson to recommend that a regulated hunt of a combination of a bow hunt and rifle firearms be instituted as a special permit area. Second by Musick. Motion by Musick to amend the motion to recommend a regulated hunt of bow hunting and shot gun with slugs. There were comments about the safety of a rifle versus shotgun. Musick feels that the Board should be proactive in viewing a safety issue. The amended motion died for a lack of a second. Vote on Original Motion: Two in favor, one opposed. The Motion Carried.
Recommendation on snowmobiles and ATV’s in the SNA: Motion by Musick to recommend that no ATV’s be allowed in the SNA and to allow snowmobiles on the power line corridor area only. Second by Larson. Vote on Motion: Two in favor, one opposed. The Motion Carried.
Recommendation on Picnicking in the SNA: Motion by Musick to recommend a picnic area in a site adjacent to the power line at the top of the hill near but not under the power line. Second by Larson. Discussion on motion: Supervisor Leider had concerns about public litter in a public picnicking area. Member of Public comment: Is a designated picnic area needed? Public will picnic regardless of whether or not an area is designated; has concerns about garbage and litter.
Member of Public: Should not need a designated picnic area.
Member of Public: People may build fires near a picnic area. Bob Djupstrom indicated that fires would be prohibited in the SNA.
Motion by Musick to amend the motion to drop designated picnic area from the motion. Second by Larson. Motion Carried.
** Item of Decision on Aluminum Can Recycling carried from September Meeting Agenda:
---Greg Repensky, Principal of Lakewood Elementary School was present to request the funds from the Lakewood Aluminum Can Recycling. He indicated the recycling proceeds provide a significant number of dollars to do extra education and provide field studies and trips, items which are not in the operating budget of the School District.
Motion by Musick to allocate the recycling of the aluminum cans from the Lakewood Recycling Center to the Lakewood School for the months of September through May and to the township for June, July and August. Second by Larson. Discussion on motion: Supervisor Leider: Should ear mark funds to youth programs. Musick: Would rather see the township funds undesignated. A question rose on liability of the trailer use. Musick feels the School should provide own transportation. Member of Public: They give a considerable amount of aluminum cans for recycling with the intent that the proceeds go the School. Vote on Motion: Two in favor, one opposed. The Motion Carried. Motion by Larson to allocate the aluminum can proceeds of the township to a special activity fund. Second by Leider. Motion Carried.
Department Reports:
Fire – Kurt Rogers
- Six calls handled in past month---two medical, one structure, two illegal burns and one auto alarm.
- Received a $2,000 matching fund grant from the DNR.
- Fire Hall Construction---is progressing well; may need some additional ditching along the south drive to allow for drainage into N. Tischer Road ditch.
Planning and Zoning Commission: Ann Cutts
- The Commission discussed the vote on determination of the Diamond Willow assisted living request. Minutes were not approved until clarification on vote is clarified.
- Discussed the LIU-10 zone.
- The meeting with St. Louis County Planning is to be scheduled by the Board of Supervisors.
- Zoning Recorder Position---Clerk Gene Bromenshenkel indicated a qualified person was interviewed who is very interested in the job. He recommends hiring the person for the position. Motion by Leider to approve the application and hiring of Shannon Ostazeski for the Planning and Zoning Recorder. Second by Musick. Motion Carried.
Zoning Administrator Report – LeAnn Brown
-Was not present due to illness. A written report was filed. Copy attached.
- There was discussion about trailer houses on properties on the Radtke Road extension; one may be inhabited. There was discussion about the clarification of the Zoning Ordinance language regarding mobile homes. Don Putnam indicated the road extension is not very passable for emergency access.
- Motion by Musick to request the Zoning Administrator to contact the Town Attorney to draft a letter regarding Article II, Section 1-b of the Ordinance and also on the language on home occupations and home business operation. Second by Leider. Motion Carried.
- Kurt Rogers: When conditional use permits are granted, part of the conditions should include a pre-plan by the fire department as a condition. When a building permit is granted, there should be a reminder that burning permits are required and an indication of what can and cannot be burned. Roadways and driveways specifications should be included in the Zoning Ordinance.
- Application for Assistant Zoning Administrator Position---Angie Palmer is interested and highly recommended by LeAnn Brown based on her experiences and interests. Motion by Leider to hire Angela Dickinson Palmer as Assistant Zoning Administrator at the approved hourly wage rate. Second by Musick. Motion Carried.
Maintenance and Grounds: Don Putnam
- The Hall roof replacement should be constructed soon.
Road and Bridge – Don Putnam
- Wahl Road has been completed to the specifications established.
- No grading has been done for a second time this year. Conditions have been too dry to grade. Have had complaints about roads not being graded.
- Lower Peterson Road---there has been dumping on the road.
- Parkview Avenue---two property owners have fences constructed on the township road easement. Motion by Leider that the Town write a letter to the two property owners on Parkview and request removal of the fences and any other materials in the township easement. Second by Musick. Motion Carried.
- Turnaround easements ---a letter was read from a resident on Lauren Road suggesting the Town should have a legal easement for the turnaround. The Clerk also indicated that St. Louis County requested two years ago, signed easements on all turnarounds on township roads. It was agreed by consensus to have the Clerk contact the Town Attorney to draw up easement papers.
- Don indicated he will be on medical leave for an 8-week period beginning October 18, 2005.
Recycling – Merle Abernethy
- Everything operating O.K.
Recreation – Scott Anderson
- No report.
- A grant application was submitted by Supervisor Larson to St. Louis County for an amount of $15,900. The County’s intent is to review applications by mid-October.
Weed Control – Dan McCorison
- No Report
Public Comment: None
- None
Committee Reports:
- MPAC – Leider. Now operating under the Joint Powers Board agreement. Leider is checking on the statutory authority for the Board of Supervisors to name a designated representative to represent the township on the Board in lieu of attendance by one of the elected Supervisors. The Joint Powers Board recommends letters be sent to the two U.S. Senators for support to the Project. It was agreed by consensus that Supervisors should write letters individually.
- NSMB – Leider. Agreed by consensus to table item from NSMB on Board authority
regarding zoning and other matters.
- DAT – Leider. Discussed at last meeting---records retention, Annual MAT Conference, HAVA.
- SLCTA – All Supervisors. Annual Meeting and Dinner is Friday, October 7th.
Motion by Leider to recess the Meeting for a brief period at 9:50 p.m. Second by Musick. Motion Carried. The Meeting was resumed at 9:56 p.m.
Unfinished Business:
1. Newsletter---items to include: Burning permit requirement, Fire Hall construction update, School Board Elections on Nov. 8th, 9-1-1 signs required, general.
2. Town Web Site Update---Lauren Quigley. A proposal has been obtained for a wireless access. A proposal was received from F.S.W. for a wireless connection to the internet. No action was taken as it was advised that the staff obtain more detailed information.
3. Fuel Quotes – two quotes were received. Como Oil Co. will provide a lower rate for the fire halls on their quote. Motion by Leider to accept the fuel quote from Como Oil for propane and No. 2 fuel for all town buildings for the heating season. Second by Musick. Motion Carried.
4. Employee Benefits: Employees presented additional information on their written proposal for benefits of vacation pay, sick leave pay for town employees. There was discussion about seeking additional information on the opportunity for the Board of Supervisors to discuss this item in a closed meeting context. Information received from the Minnesota Ass’n of Townships attorney and the Town’s attorney indicated that according to Minnesota Statutes the Board can only discuss such items in an open meeting format. The Town’s attorney will be contacted for more specific information.
New Business:
None
Other:
None
There was no other business brought forth to the Meeting.
Motion by Musick to Adjourn at 10:25 p.m. Second by Leider. Motion Carried.
The Next Regular Board Meeting is Wednesday November 2, 2005 at 7:00 p.m. at the Lakewood Town Hall.
Respectfully Submitted;
Gene Bromenshenkel,
Town of Lakewood Clerk
Minutes Subject to Approval at the next Regular Board of Supervisors Meeting