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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