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MAY BOARD MEETING MINUTES
MAY 12, 2009
The meeting was called to with the Pledge of Allegiance led by Jeff Bachke. Present for the meeting were chairman Bachke, supervisors John Werner and Greg Andrews, treasurer Holly Herstad, deputy clerk Cammy Hansen, fire chief Matt Frantz, animal control officer Gloria Dallum and Jeff Cottew from Hanco Utilities, Inc and clerk Pati Alander. No residents were present.
Chairman Bachke set aside the regular agenda moving business from the floor as the next item for discussion. The floor was turned over to Mr. Cottew.
JEFF COTTEW HANCO UTILITIES, INC. Mr. Cottew stated he has been working on West Calvary Road and it hasn’t been going real smooth. Gary has been easy to work with and helpful. MSA hasn’t been very helpful. Just different things and not saying they are doing anything wrong. It has to be done right. For Instance the thing of the day today was we were 6.5 feet deep coming out of the house to the existing septic. They were told by the engineer that they wanted 4 inches of Styrofoam on the line. This cost him $80.00 which he can’t bill back to the customer. Then he gets out to the road and some of the pipes/curb stops are buried two feet deep and others are two feet high. There are only stakes locating these pipes and they are difficult to find. There are no blocks under the curb stops so Hanco has been putting the blocks under them after the fact. Everything they dig out on the road is wet and the inspector is telling Hanco you have to haul this away and put in new dirt. He admitted that this was not included in his first couple of bids but now he is. Jeff stated he watched the original drilling on the road and the contractor put in the same slop. He is planning on class V to fix the road shoulder. He stated the engineer’s won’t work past a certain time. He called the engineers last night asking what time they are done, Jerome stated they were done and won’t be coming up. Hanco backfilled the hole with sand. Hanco called the engineer this morning to inspect the site. The engineer asked what did you do last night and Hanco advised the hole was backfilled with sand as it was a safety issue. Hanco removed the material put in the night before. On another occasion the sewer pipe was about 9 feet from the house the engineer wanted pipe to come out of the house straight so the engineer wanted an “S” in the line. He said some of the residents come up to him and not want him doing the job because it is taking so long. Every contractor he has talked to is afraid to go on that road and do a job. He doesn’t know what can be changed. The contractors are going to take pictures as the inspectors won’t work late and the contractors will be working late because it is construction season. He wishes the engineer would realize where they are at and help them along as they are trying to do it right for the residents. He is kinda laughing because Great Lakes Excavating, Watters & Sons, All Service Plumbing, and Apex were going to be here tonight also. He doesn’t know if he wants to continue with the project. He talked about the problems at the 1st house and the problems with where the line was coming from the building. He asked what the deals with the wells? One of the residents stated they got a letter and the contractors couldn’t fill the wells. The town hasn’t sent out a letter, however the residents were told the wells have to be filled by a certified well driller. John asked a couple questions. One question was the calls made to the engineer for inspections. When are you calling? Jeff stated they called about 3:00 PM yesterday and they would be ready by 4:30 because they wanted to backfill because of rain in the forecast. He was told no way would they be there. John asked how much lead time did the engineer’s tell you they need? Jeff Bachke stated would it not be reasonable to call in the morning and give the inspector an idea of where you are in the project. Jeff C. stated that is reasonable. Jeff C. stated they had pictures of the hole they backfilled last night. Jeff C. stated the contractors don’t want any part of the project because of the cooperation with the engineer. Everything they have heard has been bad. Darrell Johnson used schedule 40 in one project and the engineer said dig it out and put in schedule 35. In Hermantown you can put in pit run for fill and at the EOne meeting held in Rice Lake we stated rock. John stated the board will talk with the engineer and see what can be done about the long days the contractors will be having and the required inspections. One last thing he brought up is getting the Eone station to Carlson Concrete for the concrete base. Greg stated you need to talk with the resident on Calvary Road and advise them of this. The Town Board is trying to stay away from recommending a private business on this project. Greg stated we can’t decide who should be the contractor and how the concrete for the Eone’s should be done. The base built by Carlson’s is cheaper for the residents than getting a concrete truck on site. John stated the town has stressed with the engineer’s is craftsmanship. Hanco doesn’t want his name associated with this if it gets to be like the Pike Lake issue. Jeff B. stated what you are saying to us is totally out of context with our experience with the engineers. Jeff C. stated Eric told his guys Rice Lake will not pay overtime for them to be there. They need to schedule the inspections ahead of time.
Jeff asked Greg to call Jerome and find out what is going on and get back to the board at the utility meeting.
I. UPCOMING MEETINGS
May 19, 2009 6:00 PM Public Hearing For Minnesota Tower CUP to amend one condition and add one additional condition
May 19, 2009 7:00 PM Planning & Zoning Commission
May 20, 2009 6:00 PM Utilities Commission
May 21, 2009 6:00 PM Duluth Area Township’s
May 27, 2009 7:00 PM St. Louis County Association of Township’s meeting @ Solway
May 28, 2009 6:00 PM Public Hearing for David & Joetta Godden for property known as Outskirts Village
June 2, 2009 7:00 PM Agenda meeting
June 9, 2009 7:00 PM Board meeting
II. MINUTES FOR APPROVAL
April 6, 2009 2008 Audit meeting with Larson Allen minutes
April 6, 2009 April Agenda meeting minutes
April 14, 2009 April Board Meeting Minutes
April 16, 2009 Board of Equalization (Review) Minutes
May 7, 2009 Annual Road Tour
A motion for the approval of the slate of minutes as presented was made by John with a second by Greg. Motion carried with minutes to be placed on file.
III. FINANCIAL REPORTS
Holly read the following reports into the record for April.
APRIL RECEIPTS $420,857.07 (transfer from Project Investment to general fund of $364,756.62)
APRIL EXPENDITURES
General Fund $29,301.11
Administration $15,225.16
Public Works $ 5,894.20
Road & Bridge $ 4,777.22
Fire Department $ 2,187.84
Building Department $ 7,166.00
Public Works Building Debt $40,735.00
Public Works Truck C.I. $ 4,181.46
Water Tower $ 101.25
Lift Station #3 Construction $34,481.97
Lift Station #1 Rehabilitation $ 1,025.71
TOTAL APRIL EXPENDITURES $145,076.92
MAY EXPENDITURES (thus far)
General fund $70,743.36
Estimated payroll $23,000.00
Utility Fund $ 7,283.95
IV. CORRESPONDENCE
Patti called attend to the letter received by the US Corps of Engineers advising the town that our project was not included in those funded for 2009, and recommended we submit again for 2010. As a side bar to that letter the town office and MSA received and email from Amy Klobuchar’s office regarding our projects. Her office requested additional information as she may have some funding money available. The balance of the correspondence is what the town receives regularly.
“fedgazette” May issue
MN Department of Health “Waterline” summer issue
“Session Weekly” May 8th issue
State Auditor’s e-update May 8th issue
League of MN Cities “Friday Fax” May 8th issue
League of MN Cities letter regarding board of director’s vacancies
University of MN “Stormwater Management Practice Assessment Project Updates” May issue
League of MN Cities “Cities Bulletin” May 6th issue
University of MN “Technology Exchange” Spring issue
US Army Corps of Engineers letter regarding 569 Grant Funds 2009 fiscal year funding. The town’s project was not funded.
“Minnesota Environment” spring issue
“Session Weekly” May 1st issue
“Business North” May issue
League of MN Cities “Friday Fax” May 1st issue
“Grand News” Spring/summer issue
MN Secretary of State’s “Office Update” April issue
MN State Auditor’s e-update May 1st issue
Charter Communication letter regarding new line up effective May 28th
MN State Auditor’s April “Pension Division Newsletter”
“Minnesota Cities” April issue
League of MN Cities “Cities Bulletin” April 29th issue
“Minnesota Counties” April issue
“Session Weekly” April 24th issue
MN State Auditors e-update April 24th issue
League of MN Cities “Friday Fax” April 24th issue
Bankruptcy court notices regarding Charter Communications, Inc.
“Lakewood Town Crier” April issue
St. Louis County Association of Township’s 2008 annual meeting minutes, 2009 annual meeting agenda and March 2009 meeting minutes
Duluth Area Township’s March 19th meeting minutes
Bankruptcy court notices Charter Communications, Inc.
MN Rural Water Association letter updating water sewer rate database
“Session Weekly” April 17th issue
MN State Auditor’s e-update April 17th issue
Charter Communication Inc letter and Form 394 filing and agreements with bondholders
League of MN Cities “Friday Fax April 17th issue
League of MN Cities “Cities Bulletin April 15th issue
V. DEPARTMENT REPORTS
A. Building Department
B. Planning & Zoning
Patti read into the record the following reports for April as submitted by Marty Paavola, building/zoning official.
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TYPE OF PERMIT ISSUED
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NUMBER ISSUED
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Complete apartment
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1
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Roofing
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6
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Siding
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2
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Storage building
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2
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Windows
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1
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Right of Way
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1
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School addition
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1
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Demolition
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1
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Sign
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1
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Waterproofing
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1
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TOTAL PERMITS ISSUED
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17
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Total valuation of projects $5,459,126.00
Total fees collected $40,408.02
APRIL PLANNING & ZONING
The regular meeting of the planning commission was held on April 21st. The next meeting will be on Tuesday May 19th at 7:00 pm.
The planning commission will be conducting two public hearings in May. A public hearing for Minnesota Tower will be held on Tuesday May 19th at 6:00 PM. This hearing is to change one of the conditions on the original permit and add one additional condition.
The second public hearing will be on Thursday May 28th at 6:00 pm. This is to consider the Conditional Use Permit application of David and Joetta Godden on the property known as Outskirts Mobile Home Park. The request is to permit recreational vehicles to use the vacant lots.
C. Public Works/Road & Bridge
Patti read the following report into the record for April. This report was submitted by Gary Olson. On April 1st he plowed and shoveled snow. The Friday hydrant flushing on West Calvary road is on going to maintain chlorine residual. Commercial water meters were read. Locater line tracing training was done. The stop sign at Rutter and Kingston Roads was reset. Lift Station 9 was flushed. Infratech cleaned lifts stations 1, 2, 4,5,6 & 7. 1st Avenue South and Fayre Roads were patched with cold mix. The grader went out for the first time on April 6th. Ziegler came out with a stand by generator for training at the new lift stations. The City of Duluth gas crew repaired a valve lead on Martin Road at 2nd Avenue North. A sewer corporation stop was pulled off at 4230 West Calvary Road during the installation of a new lateral sewer hookup. Four Gopher One locates were completed. Two postings were put out for the clerk. Water usage during the month of April 1,986,076 gallons for a daily average of 66,202. During that same period our lift stations pumped 1,795,000 gallons of wastewater.
John added the following to the report. Homecroft Lane, Raymond Avenue, parts of 2nd Avenue North, Fauvelle, Summers, Washington, Mulvahill, part of Chicago, Townline Roads have been brushed in preparing for the ditching and gravel application this year. John will be talking to Gnesen about using their brush mower. John would like to get the gravel down prior to the application of chloride. The 2nd grader will be here on May 13th with the wing removed and it will be ready for the season.
D. Fire
Chief Frantz gave the following report for April. The department responded to 7 calls. They consisted of 5 medical, 1 burn pile and 1 vehicle accident.
E. Animal Control
Animal Control Officer Gloria gave the following report for April she worked 50 hours and drove 250 miles. Fines assessed and collected was $100.00. No citations were issued and license fees collected $26.00. She also reported the cooperation with Animal Allies has been wonderful. She has taken 2 dogs there thus far. If she has picked up a dog, after she holds them for 5 business days they will take the dog. The best part of it is they are close to the township.
F. Park
Patti reported the field will be fertilized and aerated. The town has received the check from the football group already for this maintenance from last year and the soccer check will be here shortly. These two associations pay one-half of this expense. Patti will contact Scott so we can fire up the automatic timers for the irrigation system. John reported that the east parking lot is in rough shape, the ditch has been torn up as they 4 wheelers have been using it as a practice area. It is his intent this year to use some of the gravel and make repairs to the driveway entering this parking lot and install a culvert there. Raise the driveway to get the water to drain.
John asked about the landscaping of the veteran’s memorial. When would this be complete? Patti stated she has held up on the landscaping until the fire fighter’s memorial is installed. Patti will find out when this memorial will be set so the landscaping can be completed.
Patti reported the Community Club is willing to pay for another tree. Where do we want the tree planted? The tree should be planted somewhere around the pavilion.
G. Sheriff
Patti gave the following report as submitted by the St. Louis County Sheriff’s department. In March deputies worked 3 shifts for a total of 12 hours. During that time they stopped 16 different vehicles resulting in 14 warnings and 2 citations. They also assisted a motorist. In April they worked 4 shifts for a total of 16 hours. During that time they stopped 20 vehicles resulting in 16 warnings and 4 citations. They also checked on an animal complaint.
H. Utility
1. Update on annual meter reading (to begin on Wednesday June 10th)
2. Update on smoke testing (Wednesday May 20th at 7:30 am)
3. Update on remote meter installation and training (installation & training in July 22nd & 23rd )
4. Hanco break on West Calvary Road( received invoices from MSA and Peterson Septic, bill for Gary’s overtime 2.00 hours at time and one-half)
5. Emergency cell phone for lift station alarms
John will be available Memorial Day weekend.
Patti gave the board the update on the above items.
I. Rice Lake Fair Housing Authority No activity.
VI. OLD BUSINESS
A. DNR Road/Water Access Money Next step (email from Brian Boder regarding County’s role in the project.)
The town needs a preliminary engineering report for the upgrading of the road. And if the grant is approved the engineer will have to plans for the upgrading of the road and also the engineer will need to use the same CAD program the county uses. Patti reported the two copies of the grant applications that were successful were engineered by the County and the roads involved were township roads, but when we have a road we would like to submit the county engineering is not available to us. Maybe it is time we ask our county commissioner how does this work? Why does the county’s engineering department assist some township’s on projects but not all?
B. Update on URSA program for building department.
Cammy reported the URSA program was supposed to be available by the middle of May. She called them earlier this week and they said the program should be here by the end of May. Patti reported she has purchased a camera for his department. This camera allows him to take pictures of projects and enter them into the computer along with the other permit information. Cammy reported she has also signed him up for two additional computer classes.
C. Fire Department Bylaw changes
The town has received information from the providers of our worker’s compensation and liability insurance companies regarding a fire fighter category called reserve. Are they covered by our policies? The response from both providers was any one member on the roster is covered, add them to the roster. The only area they will not be covered by is the firefighters group life insurance policy. This policy only pays if the firefighter is killed while fighting a fire. The fire department will have to change the bylaws adding the description for the position. This is unchartered waters and the town needs to make sure that it is done correctly. This will involve a change in the bylaws by the department. The town needs to make sure if the reserve firefighter is on the roster he is covered by our liability and worker’s compensation insurance. Patti will review again with our insurance providers.
VII. NEW BUSINESS
A. Resolutions 09-05-13 Resolution approving Ragnar Properties, Inc. d/b/a Billy’s a license to serve and/or sell on/off sale intoxicating liquor
A motion for the approval of resolution 09-05-13 was made by John with a second by Greg. Motion carried with all three supervisors present voting in favor of motion.
B. Resolution 09-05-14to accept the WLSSD grant for operation of the Recycle Shed for 2009
A motion for the approval of resolution 09-05-14 was made by John with a second by Greg. Motion carried with all three supervisors present voting in favor of motion.
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C. Resolution 09-05-15 Resolution approving JTC Corporation d/b/a Tanski’s Ridgeview Lanes a license to serve and/or sell on-sale intoxicating liquor.
A motion for the approval of resolution 09-05-15 was made by John with a second by Greg. Motion carried with all three supervisors present voting in favor of motion.
D. Resolution 09-05-16 Resolution approving Island Lake Inn, Inc. d/b/a Fall Inn Tavern a license to serve and/or sell on/off sale intoxicating liquor.
A motion for the approval of resolution 09-05-16 was made by John with a second by Greg. Motion carried with all three supervisors present voting in favor of motion.
E. Resolution 09/05/17 Resolution approving Burns Bar & Grill, Inc d/b/a Burns Bar & Grill a license to serve and/or sell on/off sale intoxicating liquor.
A motion for the approval of resolution 09-05-17 was made by John with a second by Greg. Motion carried with all three supervisors present voting in favor of motion.
F. Resolution 09-05-18 Resolution approving Lakeway Drive II LLC d/b/a Sunset Bottle and Lounge a license to serve and/or sell on/off sale intoxicating liquor
A motion was for the approval of resolution 09-05-18 was made by John with a second by Greg. Motion carried with all three supervisors present voting in favor of motion.
G. Motion from the Board to send letters to those property owners on West Calvary & Rice Lake Road as stated in Town of Rice Lake’s Ordinance #25 Article V Section 5.1 a - within 90 days of receiving written notification from the Town of Public Sewer availability, the owners of all properties adjacent to the Sanitary sewer collection system must install a suitable Service Connection and terminate On-Site Wastewater Disposal Systems at their own expense, in accordance with the provisions of this Ordinance.
Section 5.1b within 120 days after written notification of Public Sewer availability, the On-Site Wastewater Disposal System must be abandoned in accord with current requirements of the County, the MPCA and all other regulatory agencies. The abandonment of the On-Site Wastewater Disposal System shall be at the property owner’s sole expense.
A motion was made by John with a second by Greg to send the letter to the property owners on West Calvary road advising them the time allowed for connection to the town’s sewer begins upon receipt of the letter. Patti advised the letter will include additional information for the property owners, ie: certified installers of the Eone systems, registered contractors, copies of the septic/well abandonment form from St. Louis County. Etc. Hearing no further discussion motion carried.
H. Lift Station #3/Utility Systems of America. In response to letter from USA’s attorney does the Board want to go to the next step which is arbitration?
Just on the agenda as an item for discussion. John and Greg agreed to take this to the next step. John stated arbitration is not unfamiliar to this contractor. Jeff’s only concern is the change order for the demolition of the lift station was included with our bill for the additional work the town paid for. Jeff stated it is the town’s position to have the contractor complete the job, the attorney discussion is a separate issue and should not hold the contractor from completing the job.
I. Motion to approve the quote from Twining Electric for improvements to the town’s electrical system in the amount of $2600.00. (emergency lighting and ground fault interrupters in rest rooms). This is an increase from the written quote of $100.00 for the two ground fault interrupters that are required.
A motion was made by John with a second by Greg to approve the quote for improvements to the town’s electrical system. Discussion. John asked that when we execute the quote add work to be completed within 30 days of the executed quote. Motion carried.
J. Motion to approve the expense from CMR Claims Department for the Qwest claim in the amount of $9,245.57. This expense will reduce the balance of the amount owed by the Town on the RJS Construction for Phase 1A of the West Calvary/Rice Lake Road project.
A motion was made by John with a second by Greg to approve this expense reducing the balance of the amount to RJS Construction. Discussion. Release the check upon the town getting the proper lien releases from CMR Claims department and RJS Construction. Motion carried. The Board asked when will the town accept ownership of the line and Lift Station #9. Patti stated a final inspection has to be completed prior to ownership by the own.
K. AT &T is requesting two additional antennas on the water tower. They will be replacing the 4 existing antennas and adding two additional antennas. The Town should increase their rent to $900.00 per month with the same COLA when the antennas are installed. (Currently we charge $150.00 per antenna).
A motion to approve the additional antennas on the water tower and replacing the existing antennas and increase the rent was made by John with a second by Greg. Motion carried.
L. Leslie Buehring installation of his EOne grinder station. The town agreed to this expense as part of the purchase price of the land for Lift Station 10. Who will be doing the installation and when will it be done?
John advised to contact Darrell Johnson and Larry Shelton to give the town the quotes for the grinder station installation.
M. Stockholm Road. This road can’t be graded until the centerline and ROW has been marked.
The town has had the road surveyed and the center line marked. The next step in the process is the right of way has to be staked. In order to save money the supervisors agreed to do the marking. They will do this on Monday May 18th beginning at 6:00 PM. The clerk will post this.
VIII. BUSINESS FROM THE FLOOR
This item was done earlier today.
IX. MOTION TO APPROVE AND EXECUTE CLAIMS
General fund checks # /#49907 though 49942
Utility fund checks #4069 through 4077
Rice Lake Fair Housing Authority none
A motion was made by John with a second by Greg to review, approve and execute the claims as presented. Motion carried with the balance of the meeting spent reviewing and executing claims.
X. MOTION FOR ADJOURNMENT
Having nothing further to discuss the meeting was adjourned at 8:25 pm.
Respectfully submitted,
_____________________________ _____________________________________
Patricia M. Alander, clerk Jeff Bachke, chairman
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