05-16-95 tbMay 16, 1995
New Scandia Town Board held their regular monthly meeting on the
above date. The following Board Members were present: Chairman,
Charles Nordin, Edith Hadlich, Kevin Nickelson, Paul Rasmussen
and Duane Thompson.
Paul Rasmussen made a motion to accept the following consent
agenda:
A. Clerk's minutes have been presented for April 18, 1995,
May 2, 1995 and May 2, 1995 Planning Commission.
B. Approval of Treasurer's Report
Balance April 1, 1995 $905,946.90
April Receipts 3,175.56
Expenditures 55,447.03
Balance May 1, 1995 $853,675.43
C. Approval of May Expenditures
D. Adjournment.
Duane Thompson seconded the motion and motion passed unanimously.
TOWNSHIP ENGINEER (THOMAS PREW)
Culvert Installation On Pilar
Ms Harriet Johnson and Mr Jerry Lappe expressed their concern of
the installation of a culvert on Pilar. Mr Lappe stated the
culvert had washed out some of his oat field and the township had
removed many yards of topsoil. Ms Johnson and Mr Lappe informed
the board that they should have been notified about the
installation of the culvert and wanted the culvert removed and
compensation for the damages.
Mr Charles Nordin made a motion to remove the culvert on Pilar.
Mr Kevin Nickelson seconded the motion and motion passed
unanimously.
It was also agreed that the township would reimburse Mr Lappe for
the oats and fertilizer which had been destroyed and Mr Lappe
submit the bill to the township office by May 30, 1995. Mr Duane
Thompson stated the berm would be replaced, topsoil replaced and
all the trees and bushes that had been removed be cleaned up.
page 3
CRACK SEALING ON MELANIE TRAIL
Mr Prew reported on the crack sealing for Melanie Trail. He
stated Braun Intertec has reviewed the subgrade and have
concluded that the rapid breakup of the street was primarily due
to excessive springtime loadings and Braun recommends the street
be posted at 7 tons. The board questioned who posts the roads
and the clerk informed the board the maintenance personal posts
the roads.
Paul Rasmussen made a motion to post all bituminous surfaced
roads at 5 tons. Kevin Nickelson seconded the motion and motion
passed unanimously.
NORTHERN STATES POWER GAS MAIN
Edith Hadlich made a motion to approve the application for gas
installation in Riverview Estates with the stipulations
recommended by the Township Engineer, Tom Prew. This permit
shall be held until the repair work is completed on 197th Street.
Paul Rasmussen seconded the motion and motion passed unanimously.
GTE PHONE COMPANY
Edith Hadlich made a motion to approve the application for
telephone cable along 185th,,Street from Manning Trail to Kirk
Avenue with the stipulations recommended by the Township
Engineer, Tom Prew. Kevin Nickelson seconded the motion and
motion passed unanimously.
TOOL CHEST
Duane Thompson made a motion to purchase a tool chest for the
maintenance garage and not to exceed $500.00. Edith Hadlich
seconded the motion and motion passed unanimously.
228TH AND LOFTON AVENUE
Mr Tom Prew was directed to view the site problem on 228th Street
and Lofton Avenue.
HEAD FOR MOWER
Mr Paul Rasmussen made a motion to purchase a new head for the
mower for $2500.00 plus. Kevin Nickelson seconded and motion
passed unanimously.
page 4
REMOVAL OF POLES FROM GOOSE LAKE
The clerk informed the board that a resident had reported the
poles that where removed from the boat access at Goose Lake where
now floating in the lake. Mr Bruce Swenson agreed to remove the
poles from the lake.
PUBLIC HEARING REGARDING A AERATOR FOR GOOSE LAKE
Ms Dana Vogen reported the funding has been approved through the
Department of Natural Resources for the aerator on Goose Lake and
this would improve the water qualities for Goose Lake. Ms Vogen
introduced Mr Gerald Johnson with the Metor Region Fisheries of
the Department of Natural Resources.
Mr Johnson informed the board the need of acquiring a site on
Goose Lake for the aerator. The township would be responsible
for liability, maintenance and operation of the aerator. The
township also would have to supply electrical service to the site
and would be responsible for the billing monthly. The aerator
would be installed each winter and removed each spring. The area
must be posted around the structure every 10 feet with signs
informing the public of the thin ice. Mr Johnson stated this
would certainly improve the water quality of the lake.
The board asked if the Goose Lake Association is in favor of
installing the aerator? Ms,Vogen informed the board that the
majority of the members are in favor of the installation.
Mr Bruce Swenson informed the board he was agreeable to sell a
parcel for the aerator with approximately 50 to 60 feet of lake
frontage, but this area not to be designated as a lake access and
that this area be fenced.
It was agreed the board would view the site on June 6, 1995 at
7:15 and this item will be discussed after the Planning
Commission meeting at approximately 9:00 p.m. as the regular Town
Board meeting can not be held at the regular time of 7:00 p.m due
to the Chisago Lake School Bond Election.
MR CLYDE SAARI COMPLAINTS
Mr Saari presented an issue regarding a complaint with the Clerk,
Dolores Peterson on February 7, 1995. Mr Saari had sent four
letters to the town board and he felt the board had not addressed
the issue. Mr Nordin informed Mr Saari a copy of the March 23,
1995 Town Board meeting had been sent to Mr Saari and this issue
had been resolved.
page 5
Mr Saari stated he had been discriminated against and his
constitutional rights had been violated. Mr Saari questioned if
the clerk had denied the conversation which had taken place on
February 7, 1995. Mr Hebert informed Mr Saari that was a
personnel matter and was covered under the Data Privacy Act. Mr
Saari's letters and documented incidents when Mr Saari was in
attendance at the office are on file at the township office.
UPTOWN SEWER SYSTEM (BRUCE SWENSON)
Mr Bruce Swenson informed the board it appears the Turnblad
property for the uptown sewer system is not available. Mr
Swenson stated Mr Dennis Seefeldt is agreeable to sell five acres
for the sewer system and the total cost with the land and pumping
devices for the system would be approximately $150,000.00. Mr
Swenson stated the system should be assessed back to the property
owners and maintenance fees billed back to the property owners
through the township office. No decision was made on this issue
and Mr Swenson will report back at a later date.
MS MANDY MUSIELEWICZ
Ms Mandy Musielewicz, Consulting Forester for the township
reviewed the Oak Wilt Program. Ms Musielewicz stated the
township should adopt an ordinance for inspectors to have legal
permission to inspect homeowners land and also staging Oak
Wilt is a nuisance and mandate that the trees be removed.
Ms Musielewicz stated the need for the township to have volunteer
tree inspectors. Ms Musielewicz would review ordinance's and the
Township Attorney and Town Board would review the proposed
ordinance.
Kevin Nickelson made a motion to accept the Oak Wilt Suppression
Program Proposed Budget Plan for 1995 and submit it Mr Thomas
Eiber, Department of Natural Resources. Paul Rasmussen seconded
the motion and motion passed unanimously.
MINOR SUBDIVISION FOR JOHN BENASSI AND STEVE RODRIGUE
Kevin Nickelson made a motion to wavier the Minor Subdivision
requirements for John Benassi and Steve Rodrigue and the parcel
of land be combined in the same legal description for John
Bennassi. This is not creating a smaller parcel and both parcels
remain over 20 acres. Duane Thompson seconded the motion and
motion passed unanimously.
page 6
BRIAN JEMELKA EMPLOYMENT AGREEMENT
Mr Jemelka stated he had not signed his employment agreement and
was requesting the following be added to the contract:
(1) The remaining one-half of additional days accumulated as
sick leave shall be accrued as vacation.
(2) Vacation time be earned at 15 hours per month of service.
(3) Acting foreman differential: When an employee is expressly
assigned as acting foreman the employee shall receive a
$5.00 working out of class differential per full day worked.
Mr Jemelka informed the board when he was hired the board had
informed Mr Jemelka that New Scandia Township would follow
Washington County Contract.
The board directed the Township Attorney, David Hebert to review
the county contract and this item be placed on the June 6, 1995
agenda.
DROP OFF CENTER RECYCLING GRANT DISTRIBUTION
Paul Rasmussen made a motion,to sign the agreement for the Drop
Off Center Recycling Grant Distribution with Washington County.
Duane Thompson seconded the motion. Motion passed unanimously.
LARGE BOULDERS OR ROCKS ON TOWNSHIP RIGHT OF WAY
It was called to the attention of the Town Board that some
residents use rocks or timbers at the end of their driveways and
have also placed them on township right of way. The county does
supply specifications of driveways with building permits and the
township may have to restrict the placement of such materials.
VCR/TV FOR COMMUNITY CENTER
Paul Rasmussen made a motion to purchase a VCR/TV for the
Community Center, but not to exceed the amount of $500.00. Duane
Thompson seconded the motion and motion passed unanimously.
GARAGES ON HIGHWAY 97
Mr George Lindgren had requested from the Chairman, Charles
Nordin permission for one garage at the time on his property on
Highway 97. The board informed Mr Nordin to inform Mr Lindgren
this is not permitted.
page 7
POLICY FOR EXPENDITURES AND REIMBURSEMENT
The board was informed by Ms Haugen that all Board Members are on
the township payroll and they also should be required to use time
cards for their reimbursements. It was agreed to use this policy
and Board Members submit meetings and hours quarterly.
The following policy for expenditures and reimbursement was
adopted with motion by Duane Thompson, seconded by Paul Rasmussen
and motion passed unanimously.
(1) Mileage shall be paid at the rate of $.30 per mile, but only
when Employees or Town Board members travel out of the
township.
(2) Mileage shall be paid to Drivers of the Planning Commission
for mileage on Field Trips within the township.
(3) Employees and Town Board Members may -be reimbursed for meals
when they attend a meeting or township business outside of
the township if over the lunch or dinner hour. A maximum
of $10.00 will be reimbursed.
TAXING DISTRICT TO INCLUDE GOOSE LAKE TO THE FOREST LAKE
WATERSHED ,.
Mr Hebert informed the board a taxing district for Goose Lake
would require adopting of a ordinance to include Goose Lake to
the Forest Lake Watershed.
FOREST LAKE YOUTH SERVICE BUREAU
Paul Rasmussen made a motion to accept the Service Contract with
the Forest Lake Service Bureau with the following modifications
to the agreement recommended by the Township Attorney, Mr Hebert.
(1) In paragraph 6, Indemnity and Insurance, the words
"during the existence of this agreement" should be
deleted from Paragraph A.
(2) The same words may be added to paragraphs 1 and 2
after the word "recipient" in the first line of
each paragraph.
Edith Hadlich seconded the motion and motion passed unanimously.
page 8
CONSIDERATION OF FEES FROM THUET PUGH AND ROGOSHESKE LTD
ATTORNEYS AND COUNSELORS
Mr David Hebert, Township Attorney reviewed the fees submitted by
the above Law Firm. Mr Hebert reviewed the following Minnesota
Statute 465.76 which does not apply to townships and Minnesota
Statue 471.44, applies to damages for false arrest or injury to
person, property or character arising from a false arrest. He
also informed the board this is not applicable to the situation.
Duane Thompson made a motiontto direct David Hebert, Township
Attorney to write a letter to Thuet, Pugh and Rogosheske, LTD.
and inform the firm of the State Statues. Kevin Nickelson
seconded the motion and motion passed unanimously.
WILLIAM BERGGREN VIOLATION OF ZONING ORDINANCE
The board directed the clerk to contact Mr Al Goodman, Department
of Health to view the property.
Meeting adjourned.
Do ores son
New Scand'a Township Clerk