LAKEWOOD BOARD of SUPERVISORS MEETING
July 11, 2007
The July 2007 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Tim Musick on Wednesday July 11, 2007 at 7:00 p.m. at the Lakewood Town Hall. The July Meeting of the Board was postponed to the second Wednesday due to the first Wednesday being the 4th of July. 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, 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:
1. Two additions were noted for the agenda---A request from WLSSD for use of the Town’s mailing list and an approval to hold an open house on Aug. 11th at the Recycling Center- agreed to discuss on the Recycling Dept. report.
2. Minnesota Ass’n of Townships Agency Insurance options – to be placed under New Business.
3. Chair Musick entertained a discussion about time limit of the Board meetings---he opened the discussion about accomplishing ambitious agendas and a reasonable time limit for Board meetings. Musick offered a proposal---to hold two Board meetings per month and to split the agenda between the two with the first meeting of the month dealing with financial, department reports and other business and the second meeting handling the legal issues with the Town Attorney and all zoning matters. Supervisor Campbell suggested written reports be submitted by department heads as a means of reducing agenda time. Supervisor Larson suggested itemizing time allotments for each agenda item such as a time certain point for public comment, etc. Supervisor Halverson indicated he is open to whatever facilitates a good process—is concerned about limiting the time allowed for the public. Supervisor Ostazeski said she is not opposed to meeting more than once per month. Lauren Quigley stated she feels that the last items on the agenda do not receive adequate attention when the meeting times get lengthy. There were no definite recommendations and no action taken on the item.
Motion by Larson to approve the agenda as amended. Second by Campbell. Motion Carried.
Review of Minutes:
- June 6, 2007 Board of Supervisors Meeting---Motion by Ostazeski to approve the minutes as printed. Second by Campbell. Motion Carried.
- June 20, 2007 Special Board Meeting---Supervisor Halverson offered the following amendment to the minutes. Under the motion made by Halverson it should read “ The Board of Supervisors accepts the advice of Attorney Strom to follow all steps outlined in the Zoning Ordinance at a new public hearing conducted by the Planning and Zoning Commission, and that the Commission be directed to work with Attorney Strom to assure all appropriate procedural steps are taken”. Motion by Campbell to approve the minutes of the June 20 meeting as amended. Second by Halverson. 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 $54,158.20. With deposits in transit and outstanding checks, the statement balances with the monthly bank statement. There is a discrepancy between the Clerk’s and Treasurer’s records of $17.83.
Motion by Larson to approve the Treasurer’s report noting the difference of $17.83 between the Clerk’s and Treasurers balance. Second by Ostazeski. 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 Campbell to approve payment of Claims #4342 through 4403 in the amount of $35,447.99. Second by Halverson. Motion Carried.
Budget Report: The Clerk presented the monthly budget summary showing receipts and disbursements to date. He noted that the first portion of property tax receipts are not receipted which leaves a number of fund balances in the red. They will show on the July receipts.
Attorney Report: Tim Strom
1. Martenson property clean up progress: Supervisor Musick indicated that he visited with Ms. Martenson at her property site yesterday. Progress is being made and visually, the property is looking better. He cited items that have been removed and that there is improvement over the last 30 days. Musick will follow up during the next month and report at the August meeting. It was suggested that a letter be sent from the Town to Martenson noting the schedule and the progress to date. Musick will send a letter.
2. Lipe Brothers Construction---A public hearing is scheduled for August 15 at 7 p.m. to review the conditional use permit. Strom informed the Board that a MN Data Practices Act notice was received by the Town from the Lipe’s Attorney, Overom. Strom responded to the request of the Zoning Administrator and Clerk; informing Overom that the Act does not apply to Lakewood Townships, only to some metro-area townships.
3. Item on Trees Falling and Responsibility for removal ---raised by Road Foreman, Don Putnam. Strom suggested contacting MAT Attorney, Kent Sulem about the state statutes regarding township roads.
4. Amish Furniture Haus---St. Louis County Planning was contacted regarded uses in LIU zones. Chair Musick contacted the department head and did not receive any response regarding the question of the interpretation of retail sales uses in the County’s Zoning Ordinance. Supervisor Campbell suggested contacting the County Commissioner, Peg Sweeney regarding the County’s clarification on retail sales in LIU zones. There was a general consensus to send a letter to St. Louis County Planning requesting an interpretation of retail sales in LIU zones. Strom advised sending a copy of his letter to the Board with a letter from the Township. Strom indicated that he is less certain of his interpretation of the County’s Ordinance in regard to LIU retail sales after further discussion of the matter.
Department Reports:
Recreation Dept. – Scott Anderson
- Has a legal question on volunteers driving youth in the Summer
Youth Program – a question on the liability between drivers and the township and who has primary liability.
Attorney Strom advised contacting the Town’s insurance carrier. He indicated that releases can be drawn up; the Town may not want to do so.
Fire Dept. – Gary Campbell
- The FEMA grant has been received.
- 17 calls during past month---7 medical, one auto, one camp fire, 8 trees on power lines.
Recreation Dept. – continued
- There are 24 youth registered in the summer program.
- Valley Fair trip on August 2nd. Scott requested approval on expenditure up to $750.00 to guarantee the bus expense for the trip. Participants will be charged for the bus. The request is in event, the participation is not sufficient to pay for the bus. Motion by Campbell to approve expenditure of $750.00 from the Recreation Fund to guarantee the bus expense for the Valley Fair trip. Second by Ostazeski. Campbell indicated that the City Program would utilize some of the seats on the bus. Vote on Motion: Motion Carried.
- August 6th will be the annual herpetology day for the Youth Program. It will be held at the Town Hall. Scott requests promotion of the activity in the newsletter; encouraging parents to attend.
- Volley Ball Court—Don Putnam suggested it be located behind the skating building. The general consensus of the Board was to set the court up and advertise in the newsletter.
- Bob Wolfe raised a question about whether or not the Summer Youth employees have training in child protection as is done by the Boy Scouts. It was agreed that a policy should be developed as a part of the training of summer youth employees.
- It was also agreed to check on the possibility of the Summer Youth Program employees to be added to the Town’s auto insurance policy.
Planning and Zoning Commission – Peter Miller
- The Public Hearing for proposed Zoning Ordinance changes is July 24th.
- The Commission set August 15th as the date for the hearing of the Lipe conditional use permit.
- The Commission is working on Ordinance language for the hauling of fill material into the township.
- Telecommunication tower language is developed. The Supervisors have a copy of the proposal.
Maintenance and Grounds – Don Putnam
- Need to repair the garage roof.
- Obtained a donation of flowers from Birchfields for planting in the flower beds.
- Eagle Scout Project for landscaping by Josh Schmitz. Bids were obtained on trees and shrubs. A special price was obtained
- through a clearance sale on materials with the cost of approximately $300.00 for planting. The project will be done in the next week or so by the Josh Schmitz and Scouts.
- Underground fuel storage tank at Town Hall—some fuel oil contamination was detected by lab analysis. The MPCA notified the township that a limited site investigation is required due to the level detected. Don indicated that he and the Clerk have sent out RFP’s for bids on having a LSI conducted.
Road and Bridge – Don Putnam
- Ditching was completed on three roads.
- Will be doing petro-matting on Wahl Road.
- Had to remove numerous trees on road easements due to the July 10th winds.
- Need to yet deal with removal of large trees from the easement areas.
It was agreed by consensus at 9:20 p.m. to recess the meeting for approximately 10 minutes. The Meeting was reconvened at 9:30 p.m.
Planning and Zoning Commission Report Continued – Bob Wolfe
- The proposed changes for Telecommunications Towers are in Article VI, section 23. These changes were recommended by the public at a previous public hearing and also by the Commission. Under Section k on page four of the proposal, there is a need for clarification on contractual agreements. Another section relates to amateur radio towers, regarding guyed vs. non-guyed towers. The Commission has questions regarding the requirement for commercial towers to be guyed and not amateur towers. The Board supported the Commission’s question in seeking the Town Attorney’s review of section k on contractual agreements.
Zoning Administrator: Brennan Mears
- Eight permits issued in past month; two variance hearing held.
- Board of Adjustment approved Robertson variance, recessed on Ulland variance to obtain additional information from the DNR.
- Signs at Amish Furniture Haus---Mears will contact the County regarding the sign located in front of a nearby residence.
- Radtke request---does not have adequate acreage in the zone to obtain a permit.
- Received packet on wetlands from St. Louis County, will give a packet with each permit issued.
- Researched the Radtke Road history---was originally established as a cart way; has not been maintained as a public road.
- Noise on Roberg Road---complaints received about abnormal noise at 2865 Roberg Road. Several persons were present to complain about nuisance noise coming from the property at many times of the day; from a sound system. The Board directed Mears to witness the noise and contact the Sheriff if appropriate.
Recycling: Merle Abernethy
- WLSSD requests to hold an Open House at the Recycling Center during the morning hours of Saturday, August 11th. The Board supported the Open House. The WLSSD also requested use of the Town’s newsletter mailing list to notify residents about the date. The Board declined to give out the list and agreed to put an insert into the July Town newsletter.
Weed Inspector Position: Will continue search for someone interested, especially with a background in plants.
Public Comment: Agreed by consensus to put this agenda item after the financial report on the monthly meeting agenda.
Committee Reports:
- MPAC – Jerry Larson---The June meeting was cancelled and is rescheduled for 7 p.m. on July 17th.
- NSMB – Tim Musick---Musick will attend the next meeting. The NSMB has received some funding from DNR and MPCA and is seeking additional financial support to continue operating.
- DAT – Chuck Campbell---No meeting-next meeting is August 16th.
- SLCTA – No meeting attended.
Unfinished Business:
1. Next Town Newsletter---July edition---WLSSD Recycling Open House, noise control in township, July 24 Zoning Ordinance Public Hearing, general items.
2. CLUP Update: Steering Committee meetings are recessed until September. The process is on target for time schedule and progress toward development of a draft plan.
3. Land Conveyance: The deed was received for the .33 acres on N. Tischer Rd. Town needs to finalize a plan and implement the plan in the next three years to retain the title. Supervisor Campbell
4. will contact the Lakewood School to begin development of a final plan to implement.
5. Laptop Computer for recording and other office uses: options have been explored including a computer which has capability of good sound recording; estimated cost is $800-$900. Motion by Halverson to authorize up to $1,000 from the general fund for purchase of a laptop computer. Second by Campbell. Motion Carried.
New Business:
1. Town Insurance Policy---the Clerk informed the Board of the completion of the audit done by the Minnesota Ass’n of Townships Agency, the Town’s insurance carrier. The audit was done for all tangible and real estate properties. The MAT Agency has proposed options for the Town—1) on deductibles and 2) an option for insuring all properties at replacement cost which would increase the premium by over $5,000.00. The Clerk will gather additional information and seek additional options for the August meeting.
Other:
1. MAT Short Course---July 27 at Grand Rapids. Board supported registration and mileage for all elected officials who desire to attend.
Correspondence:
1. A letter of appreciation was received from the Duluth School District for the proceeds from aluminum can recycling. A total of $1,782.97 was received from the sales during the school calendar year.
2. From the Boy Scouts---an appreciation with several cards done by members, for use of the Town Hall facility to conduct their meetings and activities.
There was no other business brought forth at the Meeting. The Next Monthly Board Meeting is Wednesday August 1, 2007 at 7:00 p.m. at the Lakewood Town Hall.
Motion by Larson to adjourn the Meeting at 11:10 p.m. Second by Ostazeski. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel, Town of Lakewood Clerk