call the meeting to order for the town board January 4th 2017 board meeting we have our agendas the first item on the agenda is to approve the agenda and I see we have a couple of additions item we're going to add a 5e regarding equipment disposal under the consent agenda and we're going to add a 7B uh regarding a water audit that the town engineer is going to explain to us anything else no I'll move to approve as amended is there a second second those in favor of approving the agenda please say I I I I any opposed is approved third item on the agenda is to approve the payment of bills moved is there a second second motions made to approve paying the bills those in favor please say I I I I any opposed that motion passes fourth item is to approve the town board meeting minutes of December 19th uh any comments corrections I didn't see any additions or changes motion to approve is there a second a second those in favor please say I I I any opposed okay the board meeting minutes of December 19th are approved there's now five items on the consent agenda Steve could you read those please yes item 5A is call a public hearing for Monday February 6th 2017 beginning at 7:10 p.m. regarding 2310 Lial Street 596 Highway 61 for the following a zoning ordinance amendment to section 6-5 D conditional uses excuse me uh to the V vacation of a drainage and utility easement a wetland permit request and conditional use permit request under 5B approved in 2017 utility connection charges as outlined in the packet outlin or item 5c is to approve the 2017 agreement for Northeast Youth and Family Services item 5D is approved the 2017 contract for Clifford Larsson Allen audit Services contract and item 5e uh is equipment disposal uh based on the Public Works director's review and recommendations approve the disposal of unit number 48 a 1998 Sterling l8000 at a state of Minnesota Surplus Services auction with proceeds to be deposited into the general fund I make a motion to approve those consent agenda items motion is made is there second I'll second I just had one comment um going through those consent items uh the uh contract for the Northeast Youth and Family Services is basically the same terms that we've had for the past year but I did notice that the the charge to the township is substantially reduced looks like about a 16 177% reduction so yes that's been that was predicted as uh as the two merge Northwest Youth and Family and wiper committee counseling centers they're performing as they anticipated good good and we're satisfied with the performance yes okay motions made and seconded unless there's further discussion questions I'll call the question those in favor please say I I I any opposed the consent agenda is approved uh next item is uh six on the agenda and that is 6a is a hobby kennel license six Monon review all right on June 20th of 2016 the town board conducted a hearing and uh on a three dog license request for 5646 fiser Street and following the hearing the board approved the the license based uh as indicated in the minutes that are on page 51 based on staff re recommendations to approve the request for hobby can license at 5646 fiser Street for a two-year period through March 31st 2018 subject to the various conditions um and followed that the Animal Control Office revisit the property in 6 months to see how the anti-bark colar is working and so it's back for that report so we've been in touch with the Animal control officer he has basically responded by saying that he has been in contact with the owners and that everything is in compliance we can also note that there have been been no barking complaints since the license was issued so uh there's really no action to take because the license was already approved this is simply for the board to receive a report following up on that concern about parking okay so there since we've received no other comments or complaints there's no real need to discuss modifying the approval or amending the the term of the license or anything like that correct okay any questions from the board nope I think that was the issue was whether those Barker collar made a difference and since we've had no complaints and a follow up by the sheriff's perm I'm satisfied okay so the action requested then is just to uh receive the U report correct is there motion motion made to accept the receive of the report is there a second second I'll second those in favor please say I I I opposed next item is under new business 7A regarding Lucy's Burgers right on page 57 of your packet has a memo prepared by Patty Boston are we looking at two different documents I'm looking at page 47 is that what you mean Bill there is a page 57 huh mine what is your say mine item 7 it's interesting item I'm at another meeting then I guess something must have happened in the office I get same thing yeah well you guys go to your meeting we'll do our deal all right I'm sorry technology item 7A we do have the same item on whatever all right page number is the owners of Lucy's Burgers have submitted their application ation for a 32 malt liquor license and an on sale wine license with strong beer authorization they anticipate the restaurant to open in the next few months so pursuant to White pan binance number 32 the following information is required and provided uh application is received and the license fee has been paid background checks have been completed and the applicants are clear Insurance proof insurance been provided and because they haven't operated yet there's no food liquor ratio to report on so pursuant to section 2- 3.2 of the liquor ordinance um an establishment holding a 32 malt liquor license may sell intoxicating malt Liquors at on sale without additional license and pursuant to section 2-41 and establish holding and onsale wine license shall not not be required to pay a Sunday on sale license um that's to explain why they're getting they've applied for and we're recommending approval of both the 3-2 malt liquor license and the on sale wine license with strong beer as you may recall last year the town board amended Li ordinance uh to change the seating requirements and before that Amendment we had a minimum seating requirement of 100 seats for liquor or beer wine or malt liquor that ordinance was amended to allow for establishments under 100 but over 40 seats and that's what Lucy's Burger fits within so they're in compliance with uh all the requirements um for submitt or approval of the 32 M liquor license and on sale wine license okay so Bill basically uh um what you're describing is this the the discussion that we had with the applicants and none of the terms have really been changed here what we're doing is rectifying those terms with the ordinances we have recently amended it actually they're simply applying with the town board amended the ordinances and they're applying according to the requirements of the ordinance so this is simply an application to receive the licenses okay okay but but the terms that you as far as what they're applying for a license to do is for The Malt Liquor License the wine license and U and the strong beer correct okay and and just to confirm so that that approval or this approval would give them a seven would allow them a s day per week liquor operation beer and wine not liquor beer and wine beer and wine I'm sorry okay all right any questions from the board uh Bill have they signed the lease on that property yet I don't know do they let me phrase that they've been building the project I can't imagine they'd build it without a Le I all I'm getting is if we're assigning a liquor license to a place that's still not uh signed sealed and delivered or they actually do have a signed lease now that we're assigning the liquor license too or does this just go to the applicant it goes to the applicant all right so it really doesn't matter if they're up in no okay do they giving you an estimate when they think they'll start operating we've heard January okay building inspector could give you a better report okay this is the first time for them so they're kind of learning as they go yeah I think that's true they've been advertising for employees already and they haven't got process done so and that's been going on for a few months so I think it's taken them alonger than they anticipated okay so the action item then requested tonight then is to approve the application approve yeah approve the application and issuance of the licenses we do this all in one bill um I think so sure just laid out yep I'll move based on staff review and recommendations that we approve the three .2% on sale Malt Liquor License and the wine license on sale with strong beer authorization for Lucy Burgers LLC this is doing business as Lucy's Burgers 1190 County Road J sweet 700 the license will run through December 31st 2017 and also to authorize execution by the town board chair and the town clerk is there a second I'll second that that motion has been made and seconded is there any further discussion if not I'll call the question those in favor of approving that application please say I I I any opposed that motion passes next item is uh 7B and that's regarding water audit and Jim is that yours yes so Mr chair members of the board um as required the township has put together their water supply plan and we submitted that to the Minnesota Department of Natural Resources uh the deadline was December 31st we had that submitted by December 20th so everything was done correctly through the water supply plan uh the DNR has already begun their review of that document we sent them and they have already responded saying they're very pleased with the completeness of the water supply plan that we sub committed so that is good news and looking for more positive reaction going forward one of the items within that water supply plan is what they call the water audit and this is where you compare Water Production and billing and in the document we stated we have not performed an audit yet and that is correct um you know it's not been that long since we've had meters so we really haven't had a reason to do the AIT we because we didn't have the detailed information of the water usage compared to our production so the DNR has requested us to if we haven't done one to perform one and there are water audit procedures that are available through the American Water Works Association the awwa um these are uh procedures that communities do and it it is something that we should do for the township um it's not part of the water supply plan but they it is something that should be done and the DNR is requesting us that we do it um they basically can hold up the review process of the water supply plan saying you you need to be doing this even though it's not a task for the water supply plan it really is just saying hey why haven't you done it you really do need to do it and it it'll be a a good procedure for the township to go through um so what will we'll end up doing is we're going to with staff and the DNR we're going to go through all of our data now from 2016 um and basically go through the water audit process it may be that we need to look going forward with 2017 and either data collections or procedures that we have if we need to make changes or anything like that but we'll we'll get through that that as we go through the audit itself so we need to move forward to which will keep our water supply plan process moving forward uh basically what we'll do is we'll begin this work with staff work with the DNR uh we'll bring an update to you at the January um work session the executive meeting to say where we're at and how things are going and then we'll be back at a a future board meeting depending on how the process goes just how quick we'll be back with that to say here's what the audit is before we submit that back to the DNR Jim is this just like a check and balance to see if we're billing for the amount of water we're pumping yeah that's a good summation of what it entails somehow they're going to have to factor in flushing hydrant that kind of thing so and and part of uh the awwa standards are you know their recommendation their goal is to have less than a 10% what they call unaccounted for water and that's that's where you get into why we do a leak detections you know are you checking your system so you don't have a large percentage being lost counts in that would be some so I mean this this will help tie in the township to making sure they're documenting that they're following through on hey when we are using water if with developments with flushing with all this stuff that you're documenting the use and so you can account for everything that mean we have to be a little more accurate like when we have water main brakes like the one up on a road here I mean you can guess them it but it's hard to say how much we really lost correct and and that there will be estimations that we'll have to do but it again it will be a way for us to better understand our system and make sure that we are knowledgeable of where the water is going going going forward is there like a set schedule that they recommend for these audits or is that next 10 year in our they can be as often as your billing cycle they can be annually they can be two three five years it really gets down to you know how is your system if if it's turning out that you're really able to account for everything and all the the checks and balances agree you know you don't need to be doing them as often but if you're finding out that hey we have a a lot of unaccounted water you have other concerns you're going to want to be doing it more often so it'll be finding out just where we're at determining how often you'd want to be doing this in the future but it it will be something that you will do so is it the DNR that makes that determination then of how often this audit would be uh they can recommend if they don't think it's being done often enough if it doesn't seem like we're adequately accounting for but I think as far as long as the township is making something that's justifiable I don't see that we're going to get into an issue of the frequency of it so if if for some reason we can't complete this audit or we we don't meet a 10% uh uh uh discrepancy goal will the DNR then withhold approval of the water supply plan I would not say that they'll withhold it but there will be more like conditions you know saying hey we understand where you're at we want to see you know improvements or we want to have you do followup checks or audits I mean so I think it's it's more of showing them how we're monitoring and that everything is checking out and if there are are any concerns it just means there'll be more checking I don't see this as being a a stop dead type of item it just will be an ongoing item that we'll have to address no and and your from what you're saying this sounds like it's it's more of a financial audit than it is an operating audit is it's the comparison it's it's us make showing we understand where our production is going and that's one of the major components is our billing process so Jim this oh it is a production audit really what what we've got here is this page 31 in the supplement that was part of the water supply plan that was submitted correct and when they saw we didn't have the when we said we have not done an audit that was what triggered their response if we initiate the audit and and give the good faith commitment to the DNR that we've started the audit we're going to follow the audit process guidelines and we will submit the results is there any you know is would that be sufficient for them then to approve the water supply plan I guess I'm just a little confused what our exposure what the Township's exposure is to continue operating a water utility but the DNR has not approved a water supply plan are do we take any risk here I I don't see us taking any risk I mean we've already met the criteria of getting it submitted they're just asking for some more data because the the actual water supply plan will be put out for a comment period so there there's a process that they go through before they approve it what they're saying is if you haven't already done this we need to do that for us to keep going in our process so it'll be working with them I I don't see this as uh a major issue or a major setback with the water supply plan but it is something that we need to do well I think the the document that we saw that we submitted was pretty thorough incomplete and so I think we're impressed with it but now when you say the DNR will complete the review and then submit it for further review or questions what so it it's just like other documents when you you put together your document it gets put out for a comment period so others can look at it and respond back and then so is this like a public review and correct okay all right so the I was going to say so the comment on this page 31 where it says every 3 years that's where they picked this up that we hadn't done anything uh the every 3 years actually is from the item above above that for our water detection got so the leak detection gotcha gotcha okay so really the biggest thing is it's typical that you're doing water odits we really haven't even had that much time that we could could have done a water audit just because we haven't had meters that long so it's it's not uh this neglect of any real length of period of time but we need to do this going forward and it's something that we're going to want to do as a Township as we continue going forward with just operating our water system well correct me if I'm wrong but this sounds like it's more work for Township staff than it is for tkda for there there's going to be a majority of the work through staff that would be accurate well that's why I wonder then why the 5,000 for is that we it's up to yeah it's still going to take Town staff is asking for a lot of help from tkda as well it's going to take both and now that we're a little short-handed again I'm not going to say it's going to be done tomorrow but we got to we have to show a good faith effort to follow up on the very direct recommendation okay well and Jim you're making a commitment and and and will I ask for that in any action item that we approve but uh you're making the commitment that at the exec board meeting this month you'll bring an update to us to show us more definitively what has to be done what TK is going to do and and with this not to exceed term in in in the request you know we have y we have pretty good control over that yeah and definitely you will have review of that water audit before we return it back to the DNR so the this town board will definitely oversee this whole process okay okay all right any other questions from the board so the the action requested then is to authorize uh dkda to to begin and complete that audit and a cost not to exceed $5,000 and we will work with staff and the DNR through that process this is a water fund correct project so move is there second second motion's made and seconded there's no other questions comments I'll call the question those in favor please say I I I any opposed all right that moves us to item eight on the agenda for added agenda items we have no more item nine is open time do we have any open time comments we have the white bear press here here's their opportunity I guess not sign language uh item 10 on the agenda is to uh receive agenda materials and supplements so moved is there a second second those in favor please say I I any opposed uh item 11 is is there a motion to adjourn so moved is there second second we are adjourned