Lakewood Board of Supervisors Meeting
February 7, 2007
The February 2007 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Diane Larson on Wednesday February 7, 2007 at 7:00 p.m. at the Lakewood Town Hall. Supervisors present: Diane Larson, Tim Musick, and Chuck Campbell. also present were Treasurer Brenda Lagarde, Clerk Gene Bromenshenkel, Attorney Tim Strom, Department heads and public citizens.
Pledge of Allegiance: The Pledge of allegiance to the flag of the United States of America was recited by all present.
Review of Agenda: Additions - add East End Auto to Zoning Administrators Report.
Review of Minutes:
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January 3, 2007 Board of Supervisors Meeting - Add on page 4, request to audit the Fire Department account; Chair Larson to contact Fire Chief for information. Motion by Musick to approve the minutes as amended. Second by Campbell. Motion Carried.
Financial Report:
Treasurer's Report: Treasurer Brenda Lagarde reported all receipts, disbursements and balance totals to date. Fund balances total $192,987.66. With outstanding checks account for, this totals with the monthly bank statement. Three Certificates of Deposit are due during the next month. Republic Bank has a 9-month special with interest rates at 5.29%. Rates were checked with North Shore Bank but not equivalent. Motion by Campbell to reinvest the three CD's at Republic Bank for 9 months. Second by Musick. Motion Carried.
Bills/Claims: Clerk Gene Bromenshenkel presented the month's claims and reviewed the amounts and purpose for billings. Motion by Campbell to approve payment of Claims #4091 through 4141 in the amount of $18,164.33. Second by Musick. Motion Carried.
Budget Report: Clerk Gene Bromenshenkel presented the monthly budget report showing the expenditures through the January, 2007 Board Meeting and receipts through January 31, 2007 for each fund.
Attorney Report: Tim Strom
1) Lipe Bros./Clint Massie Land Use - Strom indicated he reviewed all information regarding the conditional use permit granted to Lipe Bros. Construction Co. (application minutes of public hearing, CUP and conditions, etc.). He indicated that under state statutes that a conditional use permit is valid for the entire property whether leased or sold. He noted that the application requested by Lipe Bros. Construction was for a construction office, storage and to continue the salvage business for Lipe Bros. as one business. (Details of his report is in a memo sent to Board of Supervisors on 2-6-2007). Strom said that if a portion of a property is leased to another construction firm for example, the conditional use permit as issued would not cover a second company.
If the parcel is divided by sale, Strom's opinion is that all divided parcels would be new and all would require new conditional new conditional use permits. he also cited estoppel and a case of this being invoked.
On the question of whether or not the Lipe property is being fully utilized as a salvage yard, Strom referenced the Zoning Ordinance and noted the Ordinance does have an ambiguity in one section (Reference 2-6-07 Memo to Supervisors).
On the question of the Ordinance prohibiting tenants (such as Great Lakes Stone i.e. (Clint Massie), from being a tenant with concrete construction and sales, Strom cited the Ordinance land use tables.
Supervisor Musick: To clarify his understanding = the conditional use permit does not allow for two construction offices under the permit issued. Strom concurs. The main issue for the Town is regarding Clint Massie's desire to purchase property under the existing Lipe Bros. conditional use permit. The legal opinion of Strom is that Massie's business for leasing or renting, needs to request a conditional use permit to operate the Stone Ridge business.
Jerry Lipe was present and stated that a second business has previously leased the property and used it for business proposed for a long period of time.
Supervisor Musick: Clarified the question - about Stone purchasing a part of the property under the existing Lipe Bros. conditional use permit. Attorney Strom reaffirmed that a conditional use permit would be required of Stone Ridge.
Supervisor Larson asked for a clarification of leasing beyond Lipe Bros. and their conditional use permit for a single business use.
It was determined by consensus of the board of Supervisors that multi-business use on the same conditional use permit would not be allowed. An additional business on the same site would require an additional conditional use permit.
Motion by Musick that a lessee cannot operate under the Lipe Bros. CUP and that a request for another lessee under the Lipe Bros. CUP be denied. Second by Campbell. Discussion on Motion: Supervisor Campbell - any other conditional uses should be applied for. Attorney Strom advised the Board against taking any action at this time. Vote on Motion: In favor - one; Opposed - two. Motion failed. There was no further action or discussion on the issue; it was decided by consensus to place the item on the March Board Meeting agenda.
2) Martenson Junk Issue: Strom advised the Board that it may not be best to take definitive action at this time but to invite Ms. Martenson to a Board meeting to discuss her situation. The Board concurred by consensus to follow this avenue and that the Chair of the Board sit at a meeting with Martenson and the Zoning Administrator to discuss resolution of the issue.
Department Reports:
Fire Department - Kurt Rogers
- Seven calls handled by Department in last month - one 1052, three medicals, two structures fires and one electrical fire.
- Department has been searching via the DNR and found a 1987 one ton, 4X4 truck for $2,000. It has a 250 gallon pump, has approx. 7,000 miles. It could replace a 1977 truck obtained from the DNR; would have to back to DNR. The Town has had it for 16 years. The proposed truck would come from the Dept. of Defense through a DNR requisition. The total cost for the truck, including the $2,000 purchase plus another approx. $3,000 to have it painted and outfitted would be about $5,000. In 1987, the original cost of the vehicle would have been about $56,000. Motion by Musick to approve the purchase plus refurbishing of the proposed 1987 fire truck. Second by Campbell. Motion Carried.
- Kurt informed the Board that he received a call today from Congressman Oberstar's Office that the Department is receiving a $40,000 FEMA grant. The Town's requirement would be a $1,500 match. The grant would be used to replace fire hoses and an air compressor for filling air tanks. Motion by Campbell to approve acceptance of the grant and the expenditure of $1,500 from the Fire Fund for the grant match to receive the $40,000 FEMA grant. Second by Musick. Motion Carried.
Maintenance and Grounds - Don Putnam
- A request was made to approve Tammy Nelson to charge on accounts for road and bridge materials. Motion by Musick to approve Tammy Nelson on charge accounts for road and bridge materials. Second by Campbell. Motion Carried.
Road and Bridge: Don Putnam
- Is currently doing brushing on roads - need some additional help. Would like to continue brushing as conditions are good.
- On Lavis Road, water was running across the road and required the contractor to remove ice to allow water flowage through the culvert.
- Road bids - Board agreed to advertise and to receive bids at the April meeting. They would like to possible revise the bid to receive road grading as an option. Supervisor Musick and Don Putnam to meet to develop the bid specifications listing road grading as an option on the bid.
Planning and Zoning Commission: Bob Wolfe
- There has been no further progress on the proposed Ordinance changes.
- The communications tower sub-committee will be meeting and developing proposed changes.
- Dan McCorison is resigning as an alternate on the Commission.
- Terms of three members expire this year. Chris Roningen has indicated interest in serving another term.
Zoning Administrator: Brennan Mears
- Two building permits issued in past month.
- Two variance hearings are scheduled for march 6th.
- Have received a letter from East End Auto, where they indicate they will comply with their conditional use permit conditions. They also indicated they will be moving from the township in the fall of 2007. The major concern about East End Auto expressed to Supervisors is that a wrecker and towing service is being operated from the property site on a 24 hour basis.
Recycling: Merle Abernethy
- All is working fine.
Recreation: Scott Anderson
- The ice rink was closed recently due to severely cold weather.
Public Comment:
- None
Committee Reports:
- MPAC - no report.
- NSMB - Meeting was cancelled.
- DAT - by Supervisor Campbell - the Lake Superior Coastal Program informed the group about the grants program.
- SLCTA - No attendance at recent meeting.
Unfinished Business:
- CLUP Update - The Public Open House is scheduled for next week on February 13th. It was agreed by consensus to have coffee and cookies available for refreshments.
- Next Town Newsletter -include article from Tim Musick on home fire protection.
- Office Coordinator position - Lauren Quigley is interested in being reappointed to the position. Motion by Campbell to hire Lauren Quigley as Office Coordinator. Second by Musick. Motion Carried.
New Business:
- Certification of Election Judges -- Motion by Musick to certify all election judges trained for duty at the March 13 Annual Town Election. Second by Campbell. Motion Carried.
- Board of Canvass Meeting -- Agreed by consensus to hold the board of Canvass meeting to canvass the March 13 election immediately following the Annual Town Meeting on March 13, 2007.
- Annual Reorganization Meeting -- Agreed by consensus to hold the Reorganization Meeting on Wednesday March 21, 2007 at 7:00 p.m. at the Town Hall.
- Disposition of Old Computer -- agreed to maintain the computer for potential use by the Zoning Administrator for permit applications.
Correspondence:
- Letters were received from the Lakewood School and the Duluth Public Schools District in appreciation for the donation of the recycled aluminum cans with the proceeds going to the Lakewood School.
There was no other business brought forth at the Meeting.
The Next Monthly Board Meeting is Wednesday March 7, 2007 at 7:00 p.m. at the Lakewood Town Hall.
Motion by Campbell to adjourn the Meeting at 9:46 p.m. Second by Musick. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk
Minutes Subject to approval at next Monthly Board of Supervisors Meeting