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JUNE BOARD MEETING MINUTES
JUNE 9, 2009
The meeting was called to order at 7:00 p.m. by Chairman Jeff Bachke. The “Pledge of Allegiance” was recited. Present for the meeting were Chairman Bachke, supervisors Greg Andrews and John Werner, clerk Patti Alander, deputy clerk Cammy Hansen, treasurer Holly Herstad, animal control officer Gloria Dallum; residents Bud VanGuilder, Sylvia Korby & guest, Mr. and Mrs. Dan Peterson and Mr. Peterson’s father. Absent was fire chief Matt Frantz.
I. Chairman Bachke went over the list of upcoming meetings:
June 11, 2009 2:00 PM Bid opening for improvements to Lift Station #1
June 16, 2009 7:00 PM Planning & Zoning Commission
June 17, 2009 6:00 PM Utilities Commission
June 24, 2009 7:00 PM St. Louis County Association of Township’s meeting @Cherry, MN
June 25, 2009 6:00 PM Rice Lake Township MS4 Stormwater Public Hearing
July 7, 2009 7:00 PM Agenda meeting
July 14, 2009 7:00 PM Board meeting
II. A motion to approve the May 12, 2009 Board Meeting minutes and the May 20, 2009 MSA Professional Services meeting regarding the West Calvary Road project was made by Greg and seconded by John. Motion carried.
III. Treasurer Herstad read the May 2009 financial report into the record:
May Receipts $34,638.24
May Expenditures
General Fund $20,436.69
Administration $15,337.46
Public Works $ 5,812.10
Road & Bridge $13,354.95
Fire Department $ 2,006.89
Building Department $ 5,159.94
Capital Improvement Mini Excavator $6,172.58 (semi annual payment)
Lift Station #3 $ 2,474.21
Lift Station #1 $11,390.55
Total May Expenditures $82,145.37
June Expenditures thus far
General fund $150,030.44
Utility fund $ 13,590.80
Estimated payroll $ 15,000.00
IV. Correspondence: Clerk Alander provided the list of correspondence received by the town, pointing out a letter from residents Jason & Trish Johnson regarding a dog bite. Gloria was asked to inform the board if there is any additional information. Gloria said that the town has done its part of the process and she has been in contact with the victim’s family. She informed the family that she would be happy to provide testimony in court if needed. She has also been in contact with the dog’s owner’s insurance company. Gloria recommended that the family pursue a court case against the dog owner as that is the quickest route to resolution. The town will also be contacting our attorney to determine what additional action and/or authority the town has regarding this particular dog.
Charter Communication letter regarding restructuring
“Reinventing Minnesota” flyer from Minnesota Rural partners organization
“Biosolids digest” spring issue
State Auditor’s e-update June 5th issue
“Business North” June issue
League of MN Cities “Cities Bulletin” June 3rd issue
“Brock White Update” Spring/Summer issue
National Rural Water Assoc. “Rural Water” second quarter issue
Jason & Trish Johnson letter regarding dog bite
MN Office of Secretary State June update
State Auditor’s e-update May 29th issue
North Shore Management Board erosion forum notice Thursday June 18th
“Minnesota Cities” May issue
State Auditor’s “Pension Division Newsletter” May issue
NPDES news May 27th
Blue Cross/Blue Shield “Group Leader Bulletin” May issue
National Night Out 2009 Update #1
US Bank letter regarding Federal Reserve’s Capital Assessment program and the banks results
St. Louis County Environmental Services notice of May 21st meeting for the proposed St. Louis County Sewage Treatment Ordinance.
“Session Weekly” May 15th issue
League of MN Cities “Friday Fax” May 15th issue
State Auditor’s e-update May 22nd issue
League of MN Cities “Friday Fax” May 22nd issue
RSTP’s April 22nd meeting minutes
MPCA’s 2008 Condition Monitoring Summary of lakes, streams, groundwater and wetlands
League of MN Cities “Cities Bulletin” May 20th issue
St. Louis County Auditor notice of early distribution of 2009 tax collections request
“Corporate Trust Connection” summer issue
St. Louis County Attorney Melanie Ford’s 2008 annual report
League of MN Cities “2009 State of the Cities report”
League of MN Cities “Cities Bulletin” May 13th issue
“Municipal Sewer and Water” May issue
Office of the State auditor Gail Richer email regarding fire relief SC09 report form available
State Auditor’s e-update May 15th issue
St. Louis County Public Works Department notice of calcium chloride contract
St. Louis County Association of Township’s March 25th meeting minutes and May agenda
Charter Communication notices regarding reorganization and rights
Airport zoning board notice of upcoming meeting
RSTP notice of upcoming workshop
Metropolitan Interstate Council notice of upcoming meeting, agenda and previous meeting notes.
V. Department Reports:
1. MAY BUILDING REPORT submitted by Marty Paavola
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Type of permit
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Number issued
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Garage
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2
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Remodeling
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2
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Plumbing
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3
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Deck
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3
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Roofing
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3
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Mechanical
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1
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Right of Way
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1
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Demolition
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1
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Siding
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1
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Fill
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1
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TOTAL PERMITS ISSUED
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18
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Total valuation of permits issued $1,300,565.00
Total fees collected $12,130.97
2. PLANNING & ZONING submitted by Mary Paavola
A. The Commission conducted their regular meeting on Tuesday May 19th.
B. A public hearing was held for David & Joetta Godden on May 28, 2009 to consider a Conditional Use Permit application for a second use on property located in a Limited Industrial Use Zone district. The application was to allow recreational vehicle camping/parking within Outskirts Village Mobile Home Park. The application was denied.
C. The next meeting of the commission will be on Tuesday June 16th at 7:00 PM.
3. PUBLIC WORKS/ROAD & BRIDGE submitted by Gary Olson
A. Commercial water meters were read
B. Friday hydrant flushing on W. Calvary & Stavanger Roads is ongoing
C. Water was turned on at the Polish & Calvary Cemetery
D. Several new water and sewer hookups have been completed
E. Sy-Com came and made adjustments to lift stations 3 and 10
F. W.W. Goetsch replaced a pump seal at lift station 1
G. On May 20th smoke testing was done on a section of E. Calvary Rd., Chicago Ave., Milwaukee Ave. and Mather Rd.
H. All town lawns were mowed and trimmed
I. Soccer fields and football and softball fields were aerated and sprayed
J. Roadside debris was picked up from Kingston and Rutter Roads
K. Ditching and culvert replacement is ongoing on several Town roads
L. 24 Gopher One locates were done
M. Seven legal postings were put out
N. Seven loads of aluminum cans were hauled to the recycler
O. A pair of beaver was trapped off the Townline Road
P. Water usage was 2,518,965 gallons (81,256 gallons daily)
Q. Waste water collected was 1,515,300 gallons (48,880 gallons daily)
4. FIRE DEPARTMENT – no report
5. ANIMAL CONTROL submitted by Gloria Dallum
Hours worked 44.5
Miles driven 210
License fees collected $47.00
Citations issued 2
Fines collected $160.00
6. SHERRIFF DEPARTMENT – no report
7. UTILITY DEPARTMENT
A. Annual meter readings begin tomorrow
B. 2nd shipment of E-One grinder stations arrived on Friday, so we have 24 additional stations
C. Letters to be mailed to property owners with deadline for sewer connections on 06/12/09 with a start date of 06/15/09
D. Gary will be on vacation next week, so we need to get a handle on the distribution of E-One stations etc.
E. Results of meeting with WLSSD today regarding Lift Station #9 were presented by Jeff. The WLSSD committee will recommend to the full WLSSD board to take ownership of LS #9. It will be placed on the next WLSSD board meeting agenda.
8. RICE LAKE FAIR HOUSING AUTHORITY
A. Patti will be placing an ad in the next Town paper requesting volunteers to serve as committee members as past members have moved or are unwilling to continue service.
B. A new application will be presented under “New Business”
9. PARK
A. An additional line needs to be installed for the automatic watering system. Patti is waiting to hear from Twining Electric.
B. Neighborhood Night Out is August 4, 2009. Last year we used funds from the aluminum can fund toward extra costs this event, but do not expect those funds to be available this year as the price of aluminum is down. We will need to further discuss how to fund the shortfall.
VI. OLD BUSINESS
1. Rice Lake Dam Road: Patti has not done anything further on this as she needs to see if the county will do some of the engineering. John spoke with two of our commissioners and asked them why the other two projects received free engineering and we have been told that they would charge us. They are going to re-look at it for possible funding for next year with the engineering being done this winter.
2. Fire Department Reserve and By-law changes: The insurance companies (liability and workers comp) have said to go ahead and put reserve members on the roster. Life insurance is not covered once a member has retired. We now need to wait for the fire department to change their by-laws. It will be presented at the FD May, June and July meetings and then a roster will be submitted which includes the reserve officers. It is up to the FD to determine a reserve member’s capabilities/job description.
3. AT&T project on water tower: The board was presented with an amendment to the lease agreement with AT&T which will allow four additional antennas and will increase the amount of the rent. Greg made the motion to approve the amendment, John seconded. Motion carried.
VII. NEW BUSINESS
1. Bow hunting in Rice Lake Township: Since the agenda meeting a week ago, when this was first brought up Cammy has researched and printed out the bow hunting information for the City of Duluth and City of Hermantown. Jeff has been in contact with a representative from Proctor who will mail us a copy of their bow hunting ordinance. He told Jeff that Proctor has had no trouble with bow hunting and they have been very happy with it. They wished that more deer had been taken. We will continue to work on this with the goal of having a resolution/ordinance ready by mid-September. If we change the ordinance we will need to have a public hearing. We will most likely have a public hearing in any case so that the town’s residents are made aware of the change.
2. A motion to approve resolution 09-06-19 (read into the record by Patti and attached) deferring a special assessment on the property at 4216 W. Calvary Road was made by John and seconded by Greg. All vote in favor. Motion carried.
3. A motion to approve resolution 09-06-20 (read into the record by Patti and attached) consenting to the reorganization of Charter Communications, Inc. was made by John and seconded by Greg. All vote in favor. Motion carried.
4. The Fall Inn Tavern has requested that they are able to hold a one day outdoor event outside of their designated serving area on Friday, August 7, 2009. Permission also needs to be granted by St. Louis County; however, the County requires that the Town first approve a resolution allowing the event. Patti read resolution 09-06-21 into the record. John asked how long into the night the event would last and if there are any objections from the neighbors. Patti answered that it would be regular hours – therefore 1 a.m. John would like answers to the following questions prior to acting on the request: 1. Will there by an outdoor band? 2. What will be the hours of operation? 3. Will the neighbors be notified of the event? Motion made by John and seconded by Greg to table the vote on resolution 09-06-21 until the June 16, 2009 Planning & Zoning Commission meeting. All vote in favor. Motion carried.
5. JTC Corporation d/b/a Tanski’s Ridgeview Lanes had decided last month to request an only on sale liquor license which was approved last month. They have now decided that was an error on their part and have asked the board to approve a new resolution for both on and off sale liquor. A motion to approve Resolution 09-06-22 (read into the record by Patti and attached) authorizing JTC Corporation d/b/a Tanski’s Ridgeview Lanes to serve/sell on/off sale intoxicating liquor was made by John, seconded by Greg. All vote in favor. Motion carried.
6. A loan request of the Rice Lake Fair Housing Authority (applicant 09-01) in the amount of $9,500.00 at 3% interest was presented by Patti. The purpose of the loan is to install water and sewer service to their home. The applicant meets all guidelines for the loan program. A motion to approve Resolution 09-06-23 (attached) disbursing the funds was made by John and seconded by Greg. All vote in favor. Motion carried.
7. Dan Peterson, 3933 W. Austin St. addressed the board. He applied for a garage building permit late last summer and received almost immediate approval. Dan said he was not able to connect with Marty and decided to put the project on hold until this spring. In the spring he spoke with Marty who informed him that the permit was waiting for him all winter, he can come in and pay for it. Dan then told Marty he would like to make some changes to the size of the proposed building. Marty told Dan he could go ahead with the site prep work. When he came in to pay for the permit, Marty informed him that his lot was too narrow for the proposed garage and would require a variance which costs $200.00 and takes 4 – 6 weeks to process. Dan realizes that the variance is necessary, but disagrees with the $200.00 fee and the 4-6 week delay. He requests that the fee be waived and that the variance be processed quickly since he was not made aware of this issue in a timely manner. Jeff asked if Dan met with Marty initially; Dan answered yes, he was in with his plans and his plat sketch and discussed the project with Marty last summer. John asked to view the documents that Dan had in his possession. Greg asked what the changes in the building were going to be. Dan answered that the size of the garage was downsized by two feet (to 24x28 from 24x30). A letter addressed to the board from building official Marty Paavola was read into the record by Cammy.
6-8-09
Dear Board,
A building permit was applied for last fall 2008 by MR. Daniel Peterson for a garage at 3933 W. Austin Street. The permit was never picked up and Mr. Peterson said he was going to make some changes to the garage and I put the permit on hold for further review. Mr. Peterson came into the office today and I discovered that he needs a variance for lot width frontage or installing an accessory structure on a nonconforming lot. Earlier this spring Mr. Peterson asked if he could get started on his project and I informed him that he could prep the site but that is at his own risk until the permit is issued. It is not unusual for an applicant to prep his or her site prior to the issuing of a building permit.
The building permit has not been issued to date and cannot be issued until Mr. Peterson applies for a variance to comply with town ordinances under Ordinance #22. The issuing of a building permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data that may be required.
Mr. Peterson is requesting that the board waive the $200.00 Variance fee because he feels that the permit could have been issued last fall in error. The permit has never been issued and new discovery requires a variance.
If Mr. Peterson is allowed to have his variance fee waived this would set precedence for other applicants and would also be in violation of our Town Ordinance. Again the building permit has not been issued and is rejected until a public hearing can be held by the Board of Adjustments.
Marty Paavola
Building Official
John stated that he believes that since Marty signed off on the original permit application and Dan acted in good faith based on that document dated 8/22/08, that the town should not make further restrictions at this time. Patti stated that to protect Dan’s interests, he will still need the variance. Dan stated that Marty did not tell him that proceeding with the project would be at his own risk. Dan thinks that Marty should stand behind his word. John made a motion based on Marty’s signature and the date on application for the building permit, the town should waive the fee for the variance. Greg also believes that is fair. Jeff also agrees that the fee should be waived but reminds the board that the Board of Adjustment will make the determination on whether or not the variance is granted. Greg seconded the motion. All vote in favor; motion to waive the $200.00 variance fee for Dan Peterson is carried. Patti informed Dan of the process for the variance request.
VIII. BUSINESS FROM THE FLOOR:
1. Bud VanGuilder, 4350 W. Calvary Road: Asked the board what he gets for the $800.00 sewer hookup fee that is paid to the town. Greg stated that the engineer’s inspection is part of the fee. Bud said that he paid the contractor to hook up the sewer and turn it on; the township or the town’s inspectors were never there. His contractor did speak to the inspector over the phone. Bud also informed the board that the water that will come from his well is hooked up to bypass the meter that measures the flow into the sewer system. John said that the engineer is researching this matter and hopes to have more information that he can present at the next utility meeting on June 17, 2009. Bud also asked why the town is hiring a contractor for ditching when the town owns a backhoe and a dump truck. John answered that the town uses its own equipment when it is feasible. The projects that are occurring at this time are large scale and are completed more efficiently with an outside contractor. Also, Bud inquired if the board has heard what the county’s plans are for the West Calvary Road resurfacing. John stated that the county does not yet know what the extent of the project will be; it is dependent on the amount of funding that will be available at the time the project is scheduled to be done (October, 2009.) John and Greg encouraged Bud and the other West Calvary Road residents to contact St. Louis County Commissioner Peg Sweeney to ask that the road be ground and then paved as paving only will result in a less than satisfactory end product. John added that the Rutter and Stavanger Roads will have 100 foot aprons added by the county. The county has made the decision to make these improvements and it has nothing to do with the township.
2. Sylvia Korby, 4210 W. Calvary Road: Sylvia also wonders what the $800.00 sewer hookup fee is. She paid the plumber for the hookup, so why does she also need to pay the town? Greg stated that the town is paying our engineer to inspect the connection on behalf of the town. She said that the town had previously said that additional inspection fees are $240.00 per inspection. John asked how many times the inspectors were at her property. Sylvia said that at a previous meeting Jerome stated he had not charged for each inspection as the contractors were having difficulties. Jeff mentioned that Sylvia’s contractor had several discrepancies and the engineer was there several times and he did not charge for each time. John said that the $800.00 was for inspection fees, administrative costs and other miscellaneous overhead. Sylvia asked what would happen if the $800.00 was not paid. John answered that the service would not be turned on if the fee is not paid. Patti let the audience know that the $800.00 sewer hookup fee is the same as it has been since it was originally implemented in 1986. Also, the engineer files a report with the town on each property inspected so that we have a permanent record on file. Also part of the cost is the new meter.
Bud also informed the board that the 32 feet of wire that is stated to be included in the grinder station was in reality only 28 feet of wire. Patti stated that our representative from the E-One grinder station company will be her tomorrow and we will inform him of that issue so that it can be reconciled. He also had a question regarding the color of the wiring that the engineer questioned. The board let Bud know that we have paid the engineer to specify the wiring and it is his decision. Bud also informed us that he will not let the inspector into his basement and never will. Patti told Bud that Northern Water Works will be in town tomorrow and if he will be home we will ask the rep to stop by.
IX. MOTION TO APPROVE AND EXECUTE CLAIMS
General fund checks #49984 through #50013
Utility fund checks #4080 through 4088
Payroll checks none
Fair Housing checks none
Motion made by John, seconded by Greg. All vote in favor, motion carried.
Having no further business, a motion to adjourn the meeting was made by John and seconded by Greg. All vote in favor; meeting is adjourned.
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