LAKEWOOD BOARD of SUPERVISORS MEETING
August 1, 2007
The August 2007 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Tim Musick on Wednesday August 1, 2007 at 7:04 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, 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:
---There were two additions to the printed agenda: 1)Dick Bodine and a guest have requested time on the agenda regarding amateur radio towers—agreed by consensus to place this after the Attorney’s report.
2) Under New Business: request from Don Putnam on a proposal for a memorial at the Old Town Hall Site.
It was agreed by consensus of the Board to set a time certain break recess at 8:30 p.m. for the Clerk to obtain an e-mail from attorney Peter Tiede.
Review of Minutes:
- July 11, 2007 Board of Supervisors Meeting---Suggestion for amendment---under Amish Furniture Haus---“Strom indicated that, after further review, he believes thee is a stronger argument than he previously indicated, that the County’s Zoning Ordinance does not permit retail sales in the LIU zones”. Motion by Ostazeski to approve the minutes of July 11, 2007 Meeting as amended. Second by Campbell. Motion Carried.
- July 17, 2007 Special Board of Supervisors Meeting---Motion by Ostazeski to approve the Open Meeting portion of the July 17, 2007 Special Board Meeting. Second by Campbell. 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 $272,672.59. 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 $268.89, in the general fund receipts.
Motion by Larson to approve the Treasurer’s report noting the difference of $268.89 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. There was discussion about claim #4416 as the Clerk noted there is nothing in the Joint Powers agreement about funding of the North Shore Management board by the township. Motion by Campbell to approve payment of Claims #4404 through 4466 and to exclude payment on claim #4416 until additional information can be obtained. Second by Halverson. Motion Carried.
Budget Report: The Clerk presented the monthly budget summary showing receipts through July and disbursements through the June Board meeting.
Public Comment: None
Attorney Report: Tim Strom
1. Attorney Strom was not present and indicated via e-mail communication that he had no additional information to share.
Other Legal Items:
1. Martenson clean up progress---Supervisor Musick reported that additional progress has been made with more items removed from the property and some items were sold that have not yet been removed.
2. Dick Bodine: Introduced Jay Bellows from the American Relay Volunteer Association. Bodine and Bellows presented information related to the zoning questions on amateur radio towers. They indicated that the FAA and FCC have a limitation of 200 ft. for such towers. Mr. Bellows cited a study which showed that bird migration and travel were not affected by towers from 300 to 600 feet. He cited from a reference that guyed towers less than 200 feet pose not problems to birds. He also cited a judges court ruling that on a case involving a 130 ft. guyed tower, the ruling was that the tower had no effect on flying for trumpeter swans which have a large wing span.
Question from Supervisor Musick: Interested in seeking clarification of the FCC regulation cited in the proposed zoning ordinance change on telecommunication towers. He cited the second portion of the FCC regulation that state undue restrictions can not be put on tower heights if there is not a justification. Bob Wolfe: The Commission is proposing the Ordinance change of a limitation of height to 100 feet, single pole for commercial communication towers, while the FCC requirements are up to 200 ft for amateur towers. The differential in height limitations could be a potential problem for the township.
- Amish Furniture Haus request for Zoning Permit---Supervisor Halverson clarified with Tim Huchthausen present, that is application is complete. Halverson cited the Town Survey conducted as a part of the Comprehensive Land Use Plan update, that the general sense of the Town residents is that they are not in support of large business development.
- Tim Huchhausen response: Has nearly 10 acres and he cited the conditional use permit that was awarded to him. Feels the township is obligated to grant him the request for a building permit for additional space for his business. The size of his proposed addition is about 10,000 square feet. The addition his requesting a permit for, would be storage space.
- Brennan Mears: Presented the dimensions of the existing facility and the proposed addition. Total land area owned by Amish Furniture is 432,000 plus square feet. He can foot print to 107,000 square feet according to the Zoning Ordinance. His setback and land coverage meet the Ordinance requirements in the permit request.
- Supervisor Musick: He summarized the County’s interpretation of uses allowed in the light industrial (LIU) zones which essentially is for wholesale uses, recognizing some retail may be a part but the major function. He feels the Supervisors cannot violate the Town’s or the County’s Zoning Ordinance.
- Supervisor Campbell: Cited the County’s Zoning Ordinance recognizing that major uses in the LIU zones are for wholesale and limited industrial use.
- Bob Wolfe: The Planning and Zoning Commission is split—some see the retail proposed by Huchthausen as non-conforming with the County’s Ordinance.
- Greg Follmer: Feels that design criteria commercial ventures would add to the rural character of the LIU 10 zone near the Expressway.
- The Board had discussions with Mr. Huchthausen regarding his plans for the addition of warehouse space for which he has
- submitted an application for a zoning permit.
- Chris Roningen: The Planning and Zoning Commission is split on the interpretation of the County Zoning Ordinance; there was public sentiment at the recent Ordinance Public Hearing to support retail sales in the LIU zone.
- Greg Follmer: The intent may have included the possibility for some retail businesses as is indicated by the uses now allowed in the LIU-10 zone.
- Tim Huchthausen: Feels that attractive businesses in the area would be supported by people in the township.
- Bob Wolfe: All are asking the Board of Supervisors to determine if the uses proposed are in relation to the County’s Ordinance and in the interest of the township.
- Motion by Halverson to approve the granting of the zoning permit request for a facility for warehouse purpose only on the property in the LIU-10 zone. Second by Campbell. Vote on Motion: All in favor. Motion Carried.
As agreed upon by approval of the agenda, the meeting was briefly recessed at 9:05 p.m. for the Clerk to check e-mail. The Meeting was reconvened at 9:16 p.m.
Department Reports:
Fire Department – Kurt Rogers
- Five calls handled by Dept. during past month.
- Arranged with the City of Duluth to have all ladders tested at a time set up for joint testing with others. Ladders are required to be tested annually. One ladder failed the test due to a bent rung.
- By 2011, all radios used by the Department will be required to be narrow-band compliant, they are now broad band. Will begin replacing pagers now with funding providing by the Fire Auxiliary. Cost of each radio is currently $1,455.00. The Department would like to begin replacing two of them now. Motion by Halverson to approve up to $3,000.00 expenditure from the Fire Dept. Fund to purchase two narrow-band radios for trucks. Second by Campbell. Motion Carried.
- Dry Hydrant Agreements---The Fire Dept. proposes a land use agreement rather than an easement to enter into with property owners where dry hydrants are located. Motion by Halverson to authorize a representative of the Fire Department to enter into a
- property access agreement with Lakewood property owners for the purpose of accessing water supplies for fire suppression. Second by Ostazeski. Motion Carried.
Maintenance and Grounds – Don Putnam
- Eagle Scout Josh Schmitz has landscaped the berm near the Fire Hall and completed the planned plantings on the Town site. Town will send an appreciation letter.
- The drive to the Town Hall entrance should be sealed.
- Will be opening the Volley Ball court in the next week or so.
- Underground fuel storage tank at Town Hall---have received two bids to do a limited site investigation as required by MPCA:
- One bid from Environmental Trouble Shooters for $6,929.00 and a second from Pro Source Technologies for $6,182.00. The costs will be eligible for the 90% cost refund from the state cleanup fund. Motion by Ostazeski to award the bid to ProSource Technologies to do the LSI for the leakage detected in the Town Hall fuel storage tank. Second by Campbell. Motion Carried.
- The fence around the hockey rink are leaning considerably. Will try to straighten by pulling.
Road and Bridge – Don Putnam
- Need to do some additional repair on culverts were damaged by winter snowplowing.
- Major road projects have been completed.
- Will be doing road ditch mowing soon.
Planning and Zoning Commission Report Continued – Chris Roningen
- The Public Hearing on proposed Zoning Ordinance text changes was recessed to be a part of the July monthly Commission meeting.
- Worked on telecommunication tower language including language which doesn’t allow for advertising on tower site.
- Lipe Constr. Conditional use permit hearing is scheduled for August 15th.
- Items tabled at the Commission meeting are 1) hauling in of fill issues and 2) signage.
Zoning Administrator: Brennan Mears
- Five zoning permits were issued in the past month.
- Two variance public hearings held – both were approved as requested by applicants.
- Received a call about Lakewood Road property where considerable vegetative (trees) have been removed.
- Robertson Turn Around---she wants to discuss turn around with township. Supervisors Musick will follow up with Robertson.
- Edelweiss Nursery---apparently have two businesses operating on the property; one use has a conditional use permit.
Recreation – Scott Anderson
- The Valley Fair trip was cancelled due to low registration.
- Last day of Summer Youth Program will be Wed., Aug. 8th.
- Herpatology Day is Monday, August 6th.
- Water Storage for skating rink---advice received was that a 3,500 gal storage tank is too small.
Recycling: Merle Abernethy
- All is operating fine.
Weed Inspector Position: No further progress on interest in the position.
Committee Reports:
- MPAC – Jerry Larson---The last meeting scheduled was cancelled.
- NSMB – Tim Musick---Attended the last meeting. Received the budget and discussed. Discussed nodes of development (small areas of development).
- DAT – Chuck Campbell---Will be meeting later in August.
- SLCTA – No meeting attended.
Unfinished Business:
1. Next Town Newsletter---August edition---Recap of general items, upcoming hearings, etc.
2. CLUP Update: Steering Committee meetings are recessed until September.
3. Town Properties Insurance---The Board discussed the proposed replacement values and other options as proposed by the MAT Agency. There was discussion about the high replacement costs in relation to the official appraisal conducted in early 2004 and that MAT should be contacted regarding the large differences and the associated increase in annual premium costs. Motion by Halverson to communicate with the Minnesota Ass’n of Townships
4. Insurance Agency that the Town will bid for township insurance and welcome the opportunity for MAT to compete with alternative buds. Second by Ostazeski. Vote on Motion: Yea – 3, Naye-1. The Motion Passed. Motion by Halverson to sign a resolution stating a change in the Town’s Insurance deductible with the MAT Agency policy from $250 to $2,500. Second by Campbell. Vote on Motion: Halverson –yes, Ostazeski-yes, Musick-yes, Campbell-yes, Larson-yes. The Motion passed. The Clerk and Chair will sign a resolution. It was agreed by consensus to write a letter to the MAT Agency requesting a clarification of the determined replacement values of buildings and to extend the decision date to September 10, 2007 to allow the Board additional time to review coverage levels.
New Business:
1. Don Putnam---He brought forth a proposal for a memorial monument at the old Town Hall site located at the intersection of Lester River and Strand Roads. The proposal included a stone-type monument dedicated to the pioneers of Lakewood and that it be paid from donations and the proceeds of the 2002 Town Centennial which shows in the Lakewood Days Fund as $6,400.00. Motion by Ostazeski to approve expenditure of funds from the Lakewood Days Fund for a memorial monument at the Old Town Hall Site. Second by Campbell. Motion Carried.
Other:
1. MAT Short Course---July 27 at Grand Rapids. Halverson indicated that he took the Board of Review training and had manuals for Board members who did not attend the training.
Correspondence:
1. A notice from WLSSD was read which gave the date and timetable of the WLSSD budget development process.
There was no other business brought forth at the Meeting.
The Next Monthly Board Meeting is Wednesday September 5, 2007 at 7:00 p.m. at the Lakewood Town Hall.
Motion by Campbell to adjourn the Meeting at 11:14 p.m. Second by Halverson. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel, Town of Lakewood Clerk