LAKEWOOD BOARD of SUPERVISORS MEETING
September 7, 2005
The September, 2005 Meeting of the Lakewood Town Board of Supervisors was called to order by Chair Diane Larson on Wednesday September 7, 2005 at 7:04 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, 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.
Review of Agenda: Additions: 1) to New Business---review of Town Insurance Policy up for renewal in November.
Review of Minutes:
- July 27, 2005 Special Board Meeting---Motion by Musick to approve as printed. Second to motion by Leider. Motion Carried.
- August 3, 2005 Regular Monthly Meeting---Motion by Musick to approve as printed. Second by Leider. Motion Carried.
- August 16, 2005 Special Board Meeting---Correction noted---the meeting was adjourned at 8:55 p.m. rather than 7:55 p.m. as printed. Motion by Musick to approve as amended. Second by Leider. Motion Carried.
- August 29, 2005 Special Board Meeting---Motion by Leider to approve as printed. Second by Musick. Motion Carried.
Financial Report:
Treasurer’s Report: Treasurer Brenda Lagarde reported the receipts, disbursements and balances in the town account. The total fund balances of $593,581.65 are in balance with the monthly bank statement and with the Clerk’s financial records. Two Certificates of Deposit were renewed at the North Shore Bank of Commerce for 29 months at interest rate of 4.5%. Motion by Leider to approve the Treasurer’s Report as presented. Second by Musick. Motion Carried.
Bills/Claims: The Clerk presented the monthly claims for bills in amount of $166,502.93 which includes a Fire Hall installment payment to the contractor for $142,104.14. Motion by Musick to pay claims #3200 through #3279 in the amount of $166,502.93. Second by Leider. Motion Carried.
Budget Report: Clerk Gene Bromenshenkel presented the monthly budget report showing receipts, expenditures and balances of all funds. Expenditures are through the August Board meeting and receipts through the end of August. He reviewed the projected expenditures and balances for the end of the year giving an indication of what each department may have available for expenditures to the end of 2005.
Town Attorney Report: Tim Strom
1) Road/Alley Vacation in Dodge Plat—he has prepared a resolution for the Board’s decision to vacate certain alleys in the plat. Motion by Leider to adopt Town Resolution #4-05 “Resolution Vacating Portions of Un-Named Platted Alleys in Dodge Plat, Bordering Lots 61 and 62”. Second by Musick. Motion Carried with all three Supervisors voting in the affirmative.
2) Fire Hall Change Order—an addition proposed on the contract for the parking lot area. He cited two cases that treat change orders as acceptable providing that the change order does not change or modify the original contract.
Department Reports:
Fire – Kurt Rogers
- Seven calls in past month; three for power lines, two medical, one structure fire, one alarm and one standby call.
- All equipment is in good operating order; are making use of the equipment obtained through the FEMA grant.
- Fire Hall Construction--- There are some additions which include smoke alarms and for electrical charges for communications totaling $698.50.
- Fire Hall parking lot change---there was discussion about the Board’s authority to expend funds and the latitude for the project representative to conduct change orders as they occur and to commit to potential expenditures as additions to the project. Motion by Musick to support the project representative with the authority to commit up to $1,000 in documented change orders and up to $5,000 in change orders with the approval of the Chair of the Board per month with change orders larger than $5,000 requiring Board approval in advance. Second by Leider. Motion Carried.
- Fire Hall change order proposal---Attorney Strom gave a briefing on the change order and the situation which should be considered for the public’s benefit. He explained what the excavators ran into (a peat type soil layer) which was not anticipated. The contractor has provided three options for consideration: 1) to completely excavate all of the peat, add required fill and complete with an estimated cost of $41,000; 2) to partially remove the peat, compact, add a membrane and material at an estimated cost of $15,637.00 and 3) not to remove the peat layer, install a double membrane and suitable fill at an estimated cost of $6,865.10 additional cost.
- Supervisor Musick supports option three. Supervisor Leider expressed he supports option 3.
Public Comment on Change Order:
Len Johnson: he reminded everyone of the problems with previous projects when the poor sub-soils were not removed. The parking lot will also likely be used for training where heavy trucks may be driven on the parking lot area.
Pete Weidmann: May want to consider an opinion from an outside consultant.
Gary Campbell: He is a member of the fire department. He feels the petro-mat (membrane) with drain tile would help the situation and should provide an adequate base.
Supervisor Musick: On the roads, the petro-matting provides a firm roadbed in areas where it is used.
Supervisor Leider: Feels the project should be bid out.
Architect Lyle Peters: His recommendation is that all of the bad soil should be removed. Any warranties on the parking lot would be voided if the poor soil is not all removed.
There was discussion on the three options between the supervisor and architect.
Kerry Leider: Had a question of clarification on option C. What option is the original contract?
Lyle Peters: Option C is the original contract plus an addition if petro-mat and additional fill is added.
Bob Wolfe: If Option C is selected, would it be possible to concrete the area rather than blacktop some day?
Lyle Peters: You run the risk of a more expensive surface when using concrete.
Chair Larson again reviewed the three options and the associated costs of each.
Kurt Rogers: If Option B or C is chosen, where would the funds come from in the future if the parking lot area turns bad.
Dale Rogers: Has seen past projects such as the soccer field and skating rink where the mucky sub-soils were not removed and the problems caused.
Motion by Musick to accept Option C of the proposal for the completion of the parking lot
with a total estimated additional cost of $6,865.10. Second by Leider. Discussion on motion:
Pete Weidemann: What about considering a transportation engineer who deals with road construction in Northern Minnesota review the soils and translate the holding capacities of the soils on the parking area site.
Supervisor Larson: is concerned about going to Option C. Feels the project should be done correctly but is very concerned about the additional cost.
Kerry Leider: Cannot see taking Option A without competitive bids.
There was a call for the vote on the motion. All in favor---none; Opposed – three votes. The Motion failed.
Motion by Musick to accept Option A (section 2) with a reduction from the $41,000 cost of $4,762.80. Second by Larson. Motion Carried.
Motion by Musick to take a brief recess at 8:52 p.m. Second by Leider. Motion Carried. The Meeting was reconvened at 9:02 p.m.
Planning and Zoning Commission: Bob Wolfe
- Monthly meeting held on August 30th.
- Reviewed the monthly zoning permits
- Reviewed the conditional use permit requests. The Commission reviewed the request for an assisted living facility in the LIU-10 zone and determined that the use was inconsistent with the Comprehensive Land Use Plan.
- The Telecommunications sub-committee gave a report and still has some questions about the language in the Ordinance.
- The Commission is interested in a meeting with St. Louis County Planning to discuss planned residential developments. Chair Larson indicated that St. Louis County Planning is interested and will meet in a small group setting with representatives of the township to discuss planned residential developments. Motion by Musick to have at minimum, the Chair of the Board of Supervisors, the Chair of the Planning and Zoning Commission, the Chair of the Board of Adjustment, the Zoning Administrator with the Clerk present to record the discussion and provide minutes of the discussion, meet with St. Louis County Planning. Second by Leider. Motion Carried.
- The Commission discussed zoning ordinance language proposals—and to move to the next agenda, a review of the LIU-10 zone and planned residential development.
- Town Web Site- the Commission chose not to have the phone numbers of the Commission members listed on the web site.
Zoning Administrator Report – LeAnn Brown
- 22 zoning permits were issued in the past month.
- A conditional use hearing for a wholesale landscaping home business is scheduled for September 13th.
- Had a complaint about the construction of a home on Wahl Road. A variance was previously denied for such construction. A cease and desist letter was sent to the property owner indicating that construction was taking place without a zoning permit to do so.
- Junk vehicles on various properties---has contacted WLSSD. The solid waste rules have changed and the WLSSD will enforce garbage and solid waste issues.
- A contact was made on Riley Road where junk has accumulated. The WLSSD will review the situation. The Board requests that WLSSD use a compassionate approach in this
- situation. Motion by Musick to authorize the Zoning Administrator to contact WLSSD to proceed with a compassionate concern and for Don Putnam to contact the property owner also. The motion died for a lack of a second.
- A question was raised by the Zoning Administrator about other sites where solid waste is in question.
- Motion by Larson to move forward with all properties where junk and garbage has been reported, for the removal under WLSSD direction. Second by Leider. Motion Carried.
- Supervisor Leider---referred to the Zoning Ordinance regarding appeals. Feels that appeals to the Board of Supervisors should be made only by the applicant for a variance or conditional use permit.
- Assistant Zoning Administrator position: A person is interested on a voluntary basis. No action taken, decided to refer to the next meeting.
Maintenance and Grounds: Don Putnam
- Todd from Lakeside construction was present to propose a change order to the contract for the Town Hall roof replacement. His change proposal is to leave the existing roof and add over it---referred to as a retrofit roof. The insulation would be added on top of the existing roof. The insulation value for this change order and method of installation would add an R-16 insulation value rather than an R-10, under the original contract proposal. The cost for the change order would be $1,400 less in total. Motion by Leider to approve the change order in the contract for the Hall roof replacement. Second by Musick. Motion Carried.
- Skating Rink water storage tank---the estimated cost for the tank and pumping apparatus is $8,000. No decision was made on the matter.
- Recycling of aluminum cans---Don recommends the Town retain the recycling proceeds. Kerry Leider was present to represent the Lakewood School Principal who is requesting the proceeds on behalf of the Lakewood PTSA. Supervisor Musick suggested splitting the proceeds with the School. No action was taken. It was agreed by consensus to refer the item to the next meeting agenda.
Road and Bridge – Don Putnam
- Wahl Road---There are 18 school-age children living on the road. The School Transportation will not pick the students up due to the road lacking their specifications for road width. It must be 18 feet wide at all points. The road contractor can do the job beginning tomorrow if the decision is made to do so. Musick: Had an engineer view per the School District requirements; he found that at three places the road does not meet the 18 foot width. The culvert in the river will need to be replaced at some time in the near future. The estimated cost to widen the road to meet the 18 ft. width for the entirety is estimated at $16,000.00. Motion by Musick to authorize up to $16,000 from the Road and Bridge Fund to correct the width issues on Wahl Road. Second by Leider. Motion Carried.
- Lauren Road---There continues to be an issue about the turn around. Property owner Tim Robertson gave a brief history about the turn around located on their property. The turn around is provided for snow plowing. Supervisor Musick: The township does not have an easement for a turn around on the property. A petition has been received about the appearance of the cable put up on the turn around. Jim Finley who lives on Lauren Road stated he is concerned about the cable and the entire turn around. Wendy Robertson (property owner of the turn around) said it is voluntary on their part to provide the turn around for snow plowing but this does not mean it is available for public use. There was discussion about gating it for the entire year versus just for the non-snow plowing time. Wendy Robertson said they keep it open during the snow season and would agree to do so in the future.
- Don Putnam indicated he is mowing the road ditches on township roads.
- Issue on Parkview Avenue---there was a concern about a fence being damaged and the location of the fence being on the road easement. Will talk with the property owner.
- He indicated he will be off work beginning October 18 for medical reasons.
Recycling – Merle Abernethy
- Recycling of aluminum cans---the new trailer is a bit high for many people to easily deposit the aluminum cans.
Recreation – Scott Anderson - No report.
Weed Control – Dan McCorison - Can do some cutting of weeds yet.
Public Comment: - None
Committee Reports:
- MPAC – Leider. Len Johnson who has attended many of the meetings indicates that the township needs more representation by a voting representative; a supervisor. Hugo Leider indicated he will plan to attend more of the meetings.
- NSMB – Leider. The next meeting is September 17th.
- DAT – Leider. Larson and Musick attended the August 18 meeting.
- SLCTA – All Supervisors. No meeting held this month.
Unfinished Business:
1. Newsletter---items to include: Information on awareness of meth labs, containers and materials; that the public should be aware, general items.
2. Town Web Site---Lauren Quigley. Is ready to upload the site information. Need to look at internet access. The phone line access is very limited. Will obtain more information on access via non-line methods.
New Business:
1. HAVA and voting machines—the Clerk reported on the County meeting attended. The voting assist machine required by Federal Law beginning for general elections in 2006 is being funded by Federal funds. The current optical scan vote tabulator has some problems in compatibility with the new handicap access machines. The federal fund monies provide for an opportunity to apply for a 50/50 matching grant to purchase a new more compatible vote tabulator. The local cost for matching is about $3,000.00. Motion by Leider to approve a match of $3,000 from the General Fund to apply for the matching grant to purchase a new voting tabulator machine. Second by Musick. Motion Carried.
2. Heating Fuel Quotes---one bid was received with the information not being clear. No action taken, need more clarification on information.
Other:
1. Supervisor Compensation for Meetings review---there was discussion about the meeting compensation. Does other meetings mean other than the monthly Board meeting or only non-Board meetings? No action was taken.
2. Employee Benefits---The Supervisors received information in the mail from the employees as a group, requesting consideration for benefits of sick leave, holidays and vacation. Motion by Leider to table the item to the next meeting. Motion died for lack of a second. There was discussion by the supervisors about what other employers do. Supervisor Musick posed a question as to whether or not the Board of Supervisors can meet in a closed meeting on employee benefits. Lauren Quigley inquired as to whether or not any employee requests need to be done in the public meeting. Chair Larson indicated she would check with the MAT attorneys on possibility of closed meetings with employees. No further action was taken on this item.
There was no other business brought forth to the Meeting.
Motion by Leider to Adjourn at 11:18 p.m. Second by Musick. Motion Carried.
The Next Regular Board Meeting is Wednesday October 5, 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