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On Monday_ January 23_ 2006 the Livonia Board of Supervisors met

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On Monday_ January 23_ 2006 the Livonia Board of Supervisors met Powered By Docstoc
					                                              LIVONIA TOWNSHIP
                                        REGULAR BOARD MEETING MINUTES
                                                 JULY 24, 2006
On Monday, July 24, 2006 the Livonia Board of Supervisors met in Regular Meeting at the Livonia Town Hall located at
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11162 265 Avenue, Livonia Township, Sherburne County, Minnesota. Chairman Sherper called the meeting to order at
7:00 p.m.

Supervisors Berg, Hewitt, Kerr, Sherper and Wallin were present as was Clerk/Treasurer Spencer and Greg Bowles with
Bogart, Pederson and Associates, Inc.

1.1 Pledge of Allegiance: The assembly recited the Pledge of Allegiance.

1.2 Sheriff’s report: Deputy Starry reported Livonia Township had 254 various incidences in June. The Board, public
had no other questions or comments.

2. Open Forum: Ron Larson, Livonia resident, asked to have some of his property annexed into the City of Zimmerman
and combining some of his property. He was asked to prepare written detail of his request for consideration at a future
Board Meeting. Larry Thoreson presented an update on the proposed plat of The Woods at Lake Fremont Second. The
developer has not presented changes to the Board.

3.1 Consent Agenda: Kerr/Wallin unanimous to approve Consent Agenda as submitted.
    Item A – approved June 26, 2006 Regular Board Meeting Minutes; Item B - approved July 13, 2006
    Special Meeting Minutes; Item C – approve list of election judges to serve at the Primary Election;
    Item D – Approved opening an account at Lane’s Food Pride for the purpose of purchasing grocery store items
    when needed for Town functions.

3.2 Amendments to/approval of Regular Agenda: Clerk/Treasurer received written notice from Jack Gracik
withdrawing request to accept roads in the plat of Westridge, Item 6.9. Kerr/Hewitt unanimous to approve Regular
Agenda as amended with removal of Item 6.9.

4.1 Clerk/Treasurer report of account balances: Balances as of June 30, 2006 First National Bank of Elk River-general
checking $14,547.24; general savings $662,351.66; cemetery savings, $2,958.93 1-yr cemetery CD $1,033.53;
4-yr cemetery CD $13,142.80 and 4 yr landfill CD $100,000.00; 3 month CD for closure of temporary cul de sac
$33,557.33.

4.2 Review and approval claims as submitted: Sherper/Berg unanimous to approve payment of claim nos. 2846-2876,
check nos. 11206-11249, includes payroll, as submitted and payment of utility and interest bearing bills received after
claim deadline, if any.

4.3 Request to transfer funds for payment of claims: Kerr/Sherper unanimous to authorize Clerk/Treasurer to transfer
$30,000 from general savings to checking to cover claims.

4.4 Request to transfer funds for cemetery claims: Kerr/Wallin unanimous to authorize Clerk/Treasurer to transfer
$199.59 from cemetery savings to general savings to cover June 2006 cemetery claims.

4.5 1-Year.4-Year Cemetery CD renewal: Berg/Hewitt unanimous to authorize Clerk/Treasurer to combine the 1-year
and 4-year Cemetery CD’s and replace with a 13 month CD at an interest rate of 5.20%.

5.0 Supervisor reports: Berg attended the quarterly Fire Joint Powers Board Meeting. As a result of one of the
Directors with the Minnesota Association of Townships serving on the Governors Task Force to look at fire concerns in
out state Minnesota, an initiative questionnaire went out to survey problems/concerns of fire departments. Zimmerman
Fire Department members at the quarterly meeting including the Fire Chief replied to the questionnaire. The main
concern our local fire department has is the availability of daytime fire fighters. The volunteer staff is stable; there are no
retention problems. Rural Minnesota, especially in sparsely populated areas, has concern with the greater distances
and with filling the emergency response positions. Sherper reported the State Legislature passed a law speaking to
sexually oriented businesses. The law would kick in if the County or the Township does not have an ordinance that
covers such businesses. Sherper also reported the Summer Short Courses were well attended and a valuable learning
tool. Hewitt, Kerr and Wallin did not have reports.

6.1 Sketch review Smith Property: Dylan Howard, developer was present for review. The proposed plat is located in
both Livonia and Orrock Townships. Howard wants to have the Preliminary done this year to coordinate roads in the plat
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                                            LIVONIA TOWNSHIP
                                      REGULAR BOARD MEETING MINUTES
                                               JULY 24, 2006
with the relocation of Co Rd 46. He also met with Tim Edgeton, County Forester regarding preservation of trees; where
appropriate ditching may be incorporated and curbing in other areas. Kerr had two concerns: 1) Connection to the
temporary cul de sac to Whispering Ridge will need to be made. 2) All roads within Livonia Township will be built to
Livonia Township Engineering Standards. Trees cannot encroach into Town right of way; there needs to be a place to put
snow. Ditching is preferred; will need to provide valid support for the use of curbing; when allowed mountable curbing is
provided for per Town Engineering Standards. Howard expressed concern with steepness of the cul de sac connection to
Whispering Ridge; will work with Town Engineer for making the connection. The Livonia Township developer’s
agreement will address only those issues in Livonia Township.
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At 7:35 p.m. Sherper recessed the Regular Board Meeting to open 96 Street bids. Bids were received before deadline;
Sherper opened each bid package and announced the bid amounts as follows: Bauerly Brothers $83,138.26;
Hardrives $101,575.58; Mid Minnesota Hot Mix $96,829.60. The apparent low bid is from Bauerly Brothers. Wallin/Kerr
unanimous to accept the apparent low bid contingent upon the Town Engineer validating the bid figures.
Sherper called Regular Board Meeting to order at 7:40 p.m.

6.2 Request for Conditional Use Permit home business in accessory building: Shawn Stommes is requesting a
conditional use permit for a home business in an accessory building for small engine sales and service/repair shop. He
was not present for the request; it is not known if he resides on the property; was not stated in the cover letter that
accompanied the CUP request. The Board had concerns about the proper disposal of gas, engine oil, antifreeze, at
whose cost. 2) CUP application is for small engine sales and service/repair shop. The cover letter states he is working
with Xtreme motor sports, which is now going from a peaceful small engine repair shop to noisy racing engines-concern is
with excessive noise. 3) Due to the noise issue with racing engines there is concern with later hours of operation during
the week. Kerr/Berg moved to give favorable comment to the request for a CUP with the following conditions: A) the
business owner will have no more than one (1) employee excluding himself. B) All items for sale are kept inside during
non-business hours. C) The business hours be limited to M-F 9 – 6; Sat 9 – 5. For clarification, last year, in July, the
Board gave favorable recommendation to Stommes request for a CUP, at which time he did not indicate racing machines
would be part of his business; the Board had no problem with extending weekday hours to 8 p.m. With the noise factor
connected to the testing race car engines, the Board feels an 8 pm closing time is too late. D) Be limited to one (1) non-
illuminated sign meeting County requirements. (E) Any testing of equipment to be done inside the building, any engine
testing inside the building be exhausted to the exterior of the building and muffled so the external decibel level does not
exceed that surrounding the property. (F) All hazardous material is disposed of appropriately in accordance with state
and local regulations. (G) Limit the number of cars in the lot at one time to no more than six (6). (H) Meet all other
County requirement for a Conditional Use Permit. Motion carried.

6.3 Request to move drainage easement/second driveway: Mark and Collette VanElzen were present for request to
move drainage easement in order to build an accessory building and second driveway to access an accessory building.
They presented a survey showing the elevation of the drainage easement and location of their house. Discussion
followed. If the VanElzens want to locate the accessory building in the drainage easement, an engineer will need to
determine the 100 year flood elevation of the wetland. The drainage easement would need to be vacated; a legal
description of that part of the drainage easement being vacated will be required. The vacation process can take 30-60
days to allow for the legal process. An option would be to move the building off the easement; it is unknown if there are
setbacks from a drainage easement. If a second driveway crosses the drainage easement an encroachment permit is
required; a legal description defining the area that crosses the drainage easement will be required. All costs associated
with a vacation of the drainage easement and/or the driveway crossing the drainage easement is the responsibility of the
requestors. If a 100 year flood elevation study supports placement of a building in the drainage easement, Kerr stated he
would support the request. The VanElzens need to decide how they want to move forward with locating an accessory
building.

6.4 Request for second driveway: Wade Hollister was not present for the request. Kerr/Berg unanimous to table
request for second driveway-there are no buildings on the property; will need to show a hardship.
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6.5 Request for second driveway: Jeff Smith was available for request for second driveway at 11125 272 Avenue.
He stated he was not aware he needed a second driveway; the driveway is in, he did not put in a culvert due to an electric
box in the ditch. Kerr/Wallin unanimous to approve second driveway. Smith will pay driveway permit fees and have the
driveway inspected by Town Engineer.



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                                             LIVONIA TOWNSHIP
                                       REGULAR BOARD MEETING MINUTES
                                                JULY 24, 2006
6.6 Request for second driveway: James and Claudia Wagner were present for request for second driveway at 26477
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11 Street, access off 265 Avenue. Well, septic and trees prevent them from accessing the proposed accessory building
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from the existing driveway. Kerr/Berg unanimous to approve second driveway to be accessed off 265 Avenue.

6.7 Access to cul de sac West Hunter Lake: Mr. McGee was not present for the discussion. Due to lack of information,
a decision was not made at the June meeting regarding Mr. McGee’s request. Since, the County has indicated via email
a variance would be needed to build on lot 8 block 2 in the plat of West Hunter Lake Addition. Wallin stated the road has
never been maintained. Sherper noted there is a power pole in the middle of the area depicted as a cul de sac. Kerr
stated a case for abandonment may be that the road has not been used since it was platted. Sherper spoke to Minnesota
Statute 365.10 subd 11 indicating that the electors, may, by resolution, passed at an annual or special town meeting, let
the town board determine whether to open and maintain a town road that has not been maintained for 25 years. If the
electors do not authorize the maintenance, the board may not spend town funds on the road. Wallin/Kerr unanimous to
take no action on this request.

6.8 Resolution accepting roads in the plat of The Ridges of Livonia: Kerr/Berg unanimous by roll call to accept as
town roads those roadways dedicated to the public within the Plat of the Ridges of Livonia including reduction to letter of
credit to $139,110.57. Berg, Hewitt, Kerr, Sherper, Wallin, yes; none opposed. Motion carried

6.9 Reduction in letter of credit and resolution accepting roads in the plat of Westridge: Clerk/Treasurer received
written notice from Jack Gracik withdrawing request to accept roads in the plat of Westridge

6.10 Reduction in letter of credit and resolution accepting plat of Meadowview: Kerr/Berg unanimous by roll call to
accept the plat of Meadowview and reduce letter of credit to $6,778.13. Berg, Hewitt, Kerr, Sherper, Wallin, yes; none
opposed. Motion carried

7. No New Business

8.1 Joint Resolution for orderly annexation of certain property to the City of Zimmerman pursuant to Minnesota
Statutes 414.0325: Sherper/Wallin unanimous by roll call to approve the joint resolution annexing lot 13 and 14 Block 14
of Fremont Lake Shores Third Addition into the City o Zimmerman. Berg, Hewitt, Kerr, Sherper, Wallin, yes; none
opposed. Motion carried

8.2 Resolution for roadside brushing: Wallin/Hewitt unanimous by roll call to approve a resolution concerning the safe
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movement of traffic on 112 Street south of Sherburne County Road 4 extending to Sherburne County Road 74. Will
clarify to contractor tree size, disposal of trees. Berg, Hewitt, Kerr, Sherper, Wallin, yes; none opposed. Motion carried
Other areas of the Township need to be brushed; quotes will be obtained from companies who rent the brush machines.
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8.3 Approve obtaining bids for 239 /253 Avenue repairs: Bowles handed out an updated 253 Avenue plan with
engineering estimate and reported the City of Zimmerman is no longer interested in a turn lane. Bowles also suggested,
in order to control costs, another soiling boring could be done to help determine where the peat area ends. The project
will be presented to the TEP Panel in August. Kerr suggested, due to projected costs, delaying the project if the permit is
valid for one year period. The current orderly annexation agreement calls for cost sharing by the City and the Township
once a certain amount of land is incorporated into the City. Lacking a solid statement from anyone regarding the safety of
the road, repairs should be delayed until the City participates in accordance with the current orderly annexation
agreement. Kerr/Berg unanimous to authorize Town Engineer to make application to the TEP Panel on behalf of Livonia
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Township with respect to the project. The soil borings for the 239 Avenue project were not back at the time of this
meeting. Kerr/Hewitt unanimous to authorize Town Engineer to prepare a bid package and the Clerk/Treasurer to
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advertise for bids for repair to 239 Avenue.

8.4 Capital Improvement Plan: Kerr reported as a result of the price of oil increasing, the cost to maintain and repair
roads has increased 35% in the last year. Pearson Brothers submitted a quote of $57,874.91 to chip seal 4.73 miles of
roads in the Township. Discussed areas to be sealed based on the 2006 road condition map. Clerk/Treasurer will inquire
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to obtain another quote. Kerr suggested advertising for bids for 239 Avenue with an August 15 deadline to receive bids
with a decision, along with the chip seal project, at a special meeting. Kerr and Wallin met with Jon Bogart to look at the
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Road and Bridge Capital Improvement Plan; need to look at the final plan by August 15 and prior to reconvening the
Annual Meeting to certify the levy. Due to rising costs, may need to ask for increase in levy for road projects. Bonding is
an option to fund future projects. Sherper reported, as part of a pilot plan, there may be a potential to use foundry sand in
part of a road project.
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                                            LIVONIA TOWNSHIP
                                      REGULAR BOARD MEETING MINUTES
                                               JULY 24, 2006

9.1 Revisions to employee manual. Kerr led discussion, copy of revisions was provided to all supervisors for review
prior to the meeting. Revisions include a clearer distinction in the chain of authority, specifically between a Township
Board Supervisor and employee’s supervisor. The Clerk/Treasurer and Road Maintenance Coordinator are given the
authority to hire or dismiss employees. The probationary period has been strengthened and tied to Section 3500 of the
Manual. The disposition of vacation and sick or personal leave at termination has been added. An updated sample
timesheet has been inserted. The revisions more closely align the text of the document to the organizational chart and
include an enhancement to the probationary period, employee evaluation and supervisory roles. Berg/Wallin unanimous
to approve amendments to the Employee Manual.

9.2 Communication towers/Highway billboards: Sherper has been reviewing information about the regulation of
communication towers and highway billboards. The County has ordinances speaking to the regulation of both. The
Board has concern with placement of billboards along Highway 169. Sherper will contact the Town Attorney to discuss
the current County ordinance to make sure it is adequate enough to protect the corridor from becoming a billboard alley
and a sea of communication towers.

9.3 Workshop date to review Residential Planned Unit Development: Board will meet on Tuesday, August 15, 2006
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starting at 8:00 a.m. to open 239 Avenue bids if any, review amendments to the proposed orderly annexation agreement,
review Capital Improvement Plan confirm areas for chip seal and discuss the RPUD.

Kerr/Hewitt unanimous to adjourn meeting at 10:05 p.m.

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Dated this 28 day of August 2006.



____________________________                                     ______________________________
Don Sherper, Chairman of the Board                               Lila Spencer, Clerk/Treasurer




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