LAKEWOOD BOARD of SUPERVISORS MEETING
June 6, 2007
The June 2007 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Tim Musick on Wednesday June 6, 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, 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.
Chair Musick welcomed the two new Supervisors to the Board; Shannon Ostazeski and Phil Halverson and also new Deputy Clerk, Dave Gerhart.
Review of Agenda:
1. Additional item---for new business-detonation of explosives in township.
2. Include request from Lisa Ketola on Lakewood Road fill hauling item under the Zoning Administrator’s report.
Motion by Larson to approve the agenda as amended. Second by Campbell. Motion Carried.
Review of Minutes:
- April 30 & May 9, 2007 Board of Appeal and Equalization Meetings—Motion by Campbell to approve the minutes of the meetings as printed. Second by Larson. Motion Carried.
- May 9, 2007 Board of Canvass Meeting- Motion by Larson to approve the minutes as printed. Second by Campbell. Motion Carried.
- May 2, 2007 Board of Supervisors Meeting-Motion by Campbell to approve the minutes as printed. Second by Larson. Motion Carried.
Financial Report:
Treasurer’s Report: Treasurer Brenda Lagarde reported all receipts, disbursements and balance totals to date with the total fund balances of $101,979.76. This balances with the Clerk’s records. With deposits in transit and outstanding checks, the monthly statement balances with the monthly bank statement. A $16,000 plus certificate of deposit was renewed for 9 months at 5.15% interest. Motion by Larson to approve the Treasurer’s report. Second by Campbell. Motion Carried.
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. Motion by Larson to approve payment of Claims #4275 through 4341 in the amount of $50,586.51. Second by Ostazeski. Motion Carried.
Budget Report: The Clerk presented the monthly budget summary showing receipts and disbursements to date. The early distribution of the first half of the property tax apportionment was applied for. It should be coming shortly after June 21, 2007.
Attorney Report: Tim Strom
1. Martenson property clean up: Attorney, Chair of Board and the Zoning Administrator met with Linda Martenson, property owner on Riley Road. She responded to the Chair of the Board in writing, indicating plans for clean up of the property. Musick noted that some progress has been made since the meeting. Strom indicated he will report back to the Board at the July meeting on progress made to date.
2. Closed Meeting Date: It was agreed by consensus to propose the date of July 17, 2007 at 5:00 p.m. at the Town Hall for a closed meeting on the Hwy. 61 Expressway matter.
3. Lipe Bros. Land Use—a meeting was held between the Town and Lipe attorneys and the Town Board chair. Discussed were alternatives of interest to both parties. Strom suggested an ample amount of time to discuss the alternatives and that this might be done at a special board meeting. It was agreed by consensus to set Wed., June 20, 2007 at 7:00 p.m. at the Town Hall for a special meeting to discuss the item.
4. Amish Furniture Haus---request for zoning permit to expand building. Strom believes the Lakewood Ordinance allows retail sales in the LIU-10 zone. But, it may be invalid due to use not being as strict as the St. Louis County Zoning Ordinance. Strom suggests that the Town request the County to give an opinion on the Counties’ Ordinance and to do so by a given date. Supervisor Musick reviewed the discussion he had previously with the St. Louis County Planning and Zoning staff; with the County indicating their interpretation is that the County does not allow retail sales in LIU zones. The Board had requested the Town Planning and Zoning Commission to review. They did not make a recommendation. The Board of Supervisors then moved to determine that retail sales are not allowed by the Zoning Ordinance in the LIU-10 zone. Supervisor Halverson referenced the Zoning Ordinance text and feels the Town should obtain a definable interpretation in writing form St. Louis County as soon as feasibly possible.
6. Discussion of 60-Day Rule regarding Amish Furniture requesting application for a zoning permit---the date was determined as May 8, 2007. Time may be running out and the Town not able to obtain a definable interpretation from St. Louis County before July 11, 2007 which is the date of the next Town Board meeting. Motion by Campbell to extend the 60-day rule to 120 days to allow adequate time to obtain a written response from St. Louis County on the interpretation of the County’s Zoning Ordinance regarding retail sales in LIU zones. Second by Halverson. Motion Carried.
7. Tim Huchthausen of Amish Furniture Haus commented on his checking with St. Louis County and they indicated they do not rule on local jurisdictions, nor do they require conditional use permits in LIU zones. He feels he has a conditional use permit and that allows him to obtain a zoning permit to expand the size of the building he is doing business in. Greg Follmer: Suggests that the Town should try to find a way to honor the request rather than find a way not to. Inese Holte: Feels the Board is wise to review and not fall into a mistake which was made in the past.
8. Open Meeting Law---Strom gave a review of the State Open Meeting Law for benefit of the 5-person Board now organized. The State’s Open Meeting Law is triggered by the term “meeting”—which is a quorum, when a quorum gets together and/or receives information about a Town’s business. He outlined additional information about the law and also about conflict of interest. Strom cautioned about two supervisors getting together and that they not set up a string of two meeting, another two, etc. which would result in a violation of the law.
9. Inese Holte asked about the screening issue with Lipe Bros. Construction. Chair Musick indicated that will be a part of the discussion with the Lipe’s.
10. Supervisor Larson requested discussion with the Attorney present, on the use of explosives in the township. Chair Musick asked this to be referred to the Fire Dept. report.
Department Reports:
Fire Dept. – Kurt Rogers
- One of the dry hydrants is requiring repair-the one in Frost’s pond. In his (Frost) cleaning of the pond, the hydrant was broken. It also froze this past winter. The estimated cost for replacement is $700.00. Rogers suggested that there are also other sites that would work well for additional dry hydrants. Each would cost about $1,500 to install. There is matching funding available to construct and install dry hydrants through the DNR.
- Rogers had a proposed written agreement available for possible use with property owners of the dry hydrant sites. Strom suggested that an easement would be preferable to an agreement.
- Crew of three people and two trucks (tanker and one pick-up truck) spent six days at the Ham Lake (Gunflint Trail) fire. The billing submitted to DNR for truck and personnel time amounted to $20,011.83. 87 hours of personnel time was involved. The Fire Dept. agreed to recommend that personnel be paid $15.00 per hour for time. Motion by Ostazeski to approve the hourly payment for fire personnel spent at the Ham Lake fire of $15.00. Second by Halverson. Motion Carried.
- The Fire Dept. recommends the balance of the Ham Lake reimbursed funds go to the On-Going Truck Fund. Motion by Halverson to allocate the non-personnel cost portion of funds received from the Ham Lake reimbursement be deposited in the On-Going Truck Fund. Second by Campbell. Motion Carried.
- Nine calls made by Dept. in past month---two illegal burns, one grass fire, one medical, one auto fire, one auto accident, one auto alarm, one gas spill and one stand-by for explosive devices. There were two detonations of explosive devices during the past month where devices could not be transported so were detonated on site. The Fire Dept. was notified of both to be on stand-by in event of fire. Both detonations were controlled by experts. Supervisor Larson---feels that all neighbors in proximity of detonations need to be notified in advance. Says Sheriff said that prior notification is possible. He (Larson) has a question of who pays for a broken window and clock on his property. Kurt Rogers: Says DOD should have been contacted and not the Sheriff. The Chair of the Board requested a clarification of the item as to relationship to Town Business.
Maintenance and Grounds – Don Putnam
- At this time it was agreed by consensus to suspend the rules of the meeting to continue Department reports to undertake the issue of hauling of fill material on Lakewood Road.
- Brennan Mears gave background information and relationship to the Zoning Ordinance on the issue. There is nothing stated in the Ordinance regarding the hauling of fill into the township. Mears indicated he contacted the DNR and Resource Conservation Service. No permits are required by either to haul the fill. Brennan and Resource Conservation personnel visited the site (Gary Hanson Property on Lakewood Road).
- Curt Ketola: Gave a summary of the hauling which has taken place before 7 a.m. to 7 p.m. for a long period of time. They (Ketolas’s) and the neighbors are concerned about the extended period of time (about a year and one-half to date), which is extensive in the number of daily deliveries and the truck traffic and noise. A petition with 54 names was delivered to the Board requesting the Board take action to end the hauling. Supervisor Musick indicated the MPCA has been monitoring the noise levels of the Lakewood Road truck traffic. He indicated that he received a call from Gary Hanson indicating he is not taking receipt of any additional material as of the day prior to the Board meeting (June 5th). Musick suggested that the Board might request the Planning & Zoning Commission develop an Ordinance section dealing with fill deposits coming into the township, possibly through a conditional use permit process. Motion by Larson to request the Planning and Zoning Commission draft language related to the importation of fill material to properties in the township, with draft to include fill and noise concerns. Second by Ostazeski. Motion Carried.
It was agreed by consensus at 9:45 p.m. to recess the meeting for approximately 10 minutes. The Meeting was reconvened at 9:58 p.m.
Maintenance/Grounds Report: Don Putnam
- The fuel storage tank was removed from the Town Hall location – there was no problem with tank.
- The new propane furnaces are installed and operating properly.
- Water heater in Hall may need to be replaced or at least a heating element as it does not heat properly.
- Cedar Trees were planted on grounds as a memorial to Tammy Nelson’s mother. They were donated.
- Plans have been drawn up by Madison Water Systems for the skating water storage tanks. Need to further review the plans. The estimated cost is $1,900, not including the tank.
- Soccer Field---needs renovation, if rotted manure is used, should apply in fall.
- Town will take over the aluminum can recycling after June 9th.
Road and Bridge: Don Putnam
- Many culverts were destroyed by winter snow plowing and considerable surface material removed by plows. Need replacement of both.
- Identified roads which material was recently applied (this year).
- Need to ditch about 300 ft. of Lauren Road.
- Cleaned up material from the Town storage site which had accumulated from ditch and roadside dumpings—the cost was $1,392.00 to have it commercially hauled away.
Recreation: Scott Anderson
- The Summer Youth Program is ready and will begin Monday, June 18th.
Planning and Zoning Commission: Inese Holte
- The final proposed Ordinance changes are prepared for a July 24th Public Hearing.
- A petition verification form is recommended by the Commission for use in receiving petitions requesting Zoning Ordinance changes. Motion by Campbell to adopt the recommended verification form as related to section 7.03 of the Ordinance. Second by Halverson. Motion Carried.
- The Commission discussed having packets available from the County and/or DNR when zoning permits are issued.
- Tower Ordinance language discussion is continuing.
- Kilian Ottman is interested in serving on the Commission.
Zoning Administrator: Brennan Mears
- Received a letter from the Attorney (Ken Butler, who was requested for an opinion), regarding TDI (group housing). Essentially, the letter indicates that the type of housing is governed by State Statutes.
- 11 permits were issued during the past mo nth.
- Amish Furniture Haus has installed deflectors on exterior lighting.
- Area neighbors of Amish Furniture Haus are concerned about the number of signs and locations of the signs about their business. There are five blue county signs in addition to the three signs allowed by the Zoning Ordinance.
- Number of culverts on one parcel---has five culverts and driveways on parcel.
- Junk on properties---referred to several locations where excessive junk is being stored.
- Is checking on home on Lakewood Road regarding a possible business type activity.
- Discussed a need for more Zoning Administrator time (hours) to complete the required work of zoning administration.
Recycling: Merle Abernethy
- Needs new broom for the Recycling Center. Everything else working fine.
Weed Inspector Position: Will continue search for someone interested, especially with a background in plants.
Public Comment:
- Tammy Nelson---her son Erick is a Boy Scout seeking a community service project to complete his Eagle’s Badge. There have been suggestions for a volleyball court that could be located beyond or near the recreation building. The cost for sand for a court is $728.00. The Board generally supported the idea. The Board supported Supervisor Campbell to work with Erick on site and detailed plans.
Committee Reports:
- MPAC – Jerry Larson---meeting was attended on May 22nd. There were three major items---1) Need for additional funding to complete the project, 2) Discussion on status of committee; a recommendation was received about future liability for committee members once the project is complete and turned over to the DNR, and 3) Discussion about next meeting which is June 11th.
- NSMB – Tim Musick---attended the meeting and also participated in the Cluster Sewage Treatment System discussion. June 14th is next meeting date.
- DAT – Chuck Campbell---attended. County Attorney discussed meth/drug issues.
- SLCTA – No report.
Review of Committee Assignments with New Board Members---Shannon Ostazeski agreed to serve as the Building & Grounds Dept. liaison, Phil Halverson agreed to serve as a Board liaison to Zoning.
Unfinished Business:
1. Next Town Newsletter---June edition---include info. On proposed Ordinance changes for July 24th Public Hearing, Update on CLUP progress, general items.
New Business:
- None
Correspondence:
- Acknowledged note from John Suznik regarding rapid response of the Fire Dept. at time of his major injury.
- A note was received from Duluth Schools for aluminum can recycling; an appreciation for the proceeds going to the Lakewood School. The amount received since Sept., 2006 is $1,725.00.
There was no other business brought forth at the Meeting.
The Next Monthly Board Meeting is Wednesday July 11, 2007 at 7:00 p.m. at the Lakewood Town Hall.
Motion by Halverson to adjourn the Meeting at 11:45 p.m. Second by Ostazeski. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk
Subject to approval at next Meeting.