White Bear Township Board Meeting 12-08-2020

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If you only have a couple left, you can finish them. Yeah, I'm almost done. Okay. All right. 5:45. We'll call the town board meeting to order for December 8th, 2020. First item on the agenda is the approval. Patrick, any changes? Yeah, Mr. Mr. Chair, please the board please add a memo from the public works director under uh item 6 A4 operations logistics administrative offices with the emergency management team reports. Other than that, no changes. All right, move to approve. Move to approve. Second. All in favor say I. I. I. All opposed. All right, that motion carries. Uh third item is approval payment of bills. I'll have them to you in about two seconds here, Steve. All righty. Well, in two in two minutes, I'll approve. I'll move to approve the payment of the bills. I will second that. All in favor say I. I. I. All opposed. That motion carries. And item number four, we have approval of the minutes from November 16th, 2020. Mr. Chair, I did have a discussion with Supervisor Rusek today. He noted two small uh errors in the minutes. They have been corrected. Move to approve. Second. All in favor say I. I. I. All oppose. All right. That motion carries. All right. Consent agenda. We have a number of these. Board wish to pull any off. Otherwise, I look for a motion to approve. I move to approve the consent agenda as submitted. Second. All in favor say I. I. All opposed. All right. Moving on. We have item six, old business. Patrick, you want to start this out? Sure. Um, as of the last meeting, we have sw the administrative offices have switched to uh split shifts. We have a morning and an afternoon uh where we have half of our staff on site uh to accommodate the uh spike in COVID cases lately. Um beyond that, I there's really nothing to report on since the last meeting having to do with the governor or anything along those lines. No other than these gotten more stricter and shutting down again, shutting down restaurants, public spaces. But we do have uh contract group did not meet since the last meeting. We will meet next Thursday. Uh so that would bring us over to Dale's memo regarding uh public works. Before we get to that part, uh quick question. If the governor changes things, your the management group that you have in place to immediately make any changes you and update you will handle that. Yep. That direction. Okay. Well, that and Steve Rousk brought up a point last meeting about forms for um COVID related responses. I just he and I just talked about that today. Okay. So, where are we with that? We're running it past staff. Okay. Yeah. As as I've said, it's it's nothing more than safety for our employees, safety for our citizens, and for protection for the township. Uh so that everybody knows upfront if there's an issue, we shouldn't be on their property. Correct. So, whatever language you come up with is And yes, he did get that to me, Mr. Chair. Okay. Yes. Well, I think it was an excellent point. We need to follow up on that. All right. Dale, let's segue. Um, so I've, uh, presented the memo and the packet supplemental. Um, maybe I should run through it real quick. Um, being you just received or got here recently. Uh, so what I'm going to make a recommendation of the board approve the adjustment staffing to adjustment to our staffing currently. Uh, to more be reflective of the public works agency around the metropolitan area. Uh, you know, I'd like to start tomorrow and we have we're currently working with two five member crews alternate weeks. I'd like to just have two crews all week just practicing all the items listed in the bullet below that and to uh keep the employees safe. Uh there's a wide range of precautions that different agencies are taking, different public works agencies. I'm just, you know, this is my recommendation. I've kind of summarized them in there and I believe that will keep us safe. Of course, if we and the good news is I did hear the numbers are kind of dropping a little bit as of today. Now, that could increase again, but I would, you know, just ask the board to consider this proposed change knowing that we could make changes again if needed. Um there I can share with you there was a couple agencies that did have uh employees who had contracted COVID. Um you know I heard rumors they shut the whole thing down or they weren't able to keep enough staff there but it was departments you know a fourman department maybe three were out but it wasn't the whole whole department that's similar to our structure. Maybe some a little larger a little smaller. Um, so that's why I'm proposing this adjustment here at the beginning if to be effective tomorrow. And and just as aside so the board knows is that Dale and I are talking every two weeks just kind of measuring the state of things uh with how Corona virus is going. Um, and we're going to be determining every couple weeks if there needs to be some kind of a change. We approached this one based upon some research that staff performed for him. sampling was it what seven or eight different municipalities Dale? Yep. As to what they were doing. Um and we feel that if we've got all of our staff on site but separated, we're going to be more effective that way. So, um it might change, might stay the same. We don't know. So, that's why we're reviewing it every couple of weeks. So Steve, questions, comments? Well, I think it's a a very workable plan. First question, is there any union impact on this that we have to talk to them about what our plans are? No. Nope. Okay. We are management. We assign the times the contract. Okay. We are it allows that in the contract. Okay. Secondly, I I read the following practice will continue as before. You had listed out of several items that you do. I thought that maybe there should also be something added. It shouldn't change the plan. I like the plan, but it just says if you've been advised by anyone other than uh otherwise invited that you become aware, you've been exposed to COVID, consult with your doctor or the health department and do not come to work if you have been advised you should quarantine. That's the big issue these days is quarantine, checking with your health providers. I just think there would be a good reminder to have at the bottom someplace. Yep. Use whatever language you want. But basically, if you've been told to stay home, stay home. Yeah, I will add that. And actually, the staff has been doing that. We've had about a half a dozen incidents so far. We've been lucky in writing. Yep. You're right. Just as a good reminder. You're right. Y it. No, that's it. Scott. Nope. I just got one, Dale. You know, it says here, take your temperature before work. Is that when you get to the public works? No, I'm asking them, you know, if they got any any This is what I'm asking is to check it at home. You know, most people have thermometers if they have children and stuff. That's what I'm asking. You know, obviously if they have, you know, if they feel like they don't feel good, just check your temperature. I mean, first thing public works have a handheld uh thermometer just for the forehead. We we don't, but we could get one. Um, Mr. Chair, been working with Patrick Kelly. Um, there are monitors that we're looking at putting on in the front entry to both buildings that instantly can register if you have a temperature. So, you can probably do something like that. Well, I I guess only because when you look at this, okay, did they take their temperature? Was it only 99? Was it maybe they feel fine, but they didn't bother checking it? At least then we'd know as they come in whether you feel good or not. It's automatically tested. I know a lot of workplaces it's just automatic. Yeah. So there's no there's no question about it. You can't say I did it or I didn't do it. It's a good point because that first bullet says take your temperature before work if you feel under the weather. Maybe you just want to get rid of that if you feel under. Well I I feel it's a little ambiguous. It's like well no I feel fine. A little sluggish. There's so many symptoms this goofy feel that every morning. That's cuz you haven't had your coffee yet. Yeah. That's right. Well, Patrick and I can work on some kind of temperature. And I think if we can get one affordably, Patrick's got or Kelly has a solution for us, I think. Okay. Well, I I think that's probably something we should be looking at because like I said, this is pretty vague, that very first bullet point. Other than that, it looks good. Great. Thank you. All right. Thanks, Dale. Good to go. Thanks, Dale. All right, Patrick. You got anything else under emergency management? No, sir. All right. Then we will move on to item seven, which is a public hearing. Uh, first off, I'm going to need a motion to wave the reading. I'll I'll make a motion to wave the reading that it was proper properly published. Second. I'll second that. Motion's being second. All in favor say I. I. I opposed. Mr. Chair, um the public hearing wasn't supposed to start till technically at 6 o'clock. We I did just see two people pull in. Okay. You might want to give it a few minutes if we've got some other business we can move on to. You know, when we uh when we started not posting the time because if the public hearings were at 7:30, we started at 7. I don't know if we abided by that time because it was just during that meeting, but something we should clarify then. Okay. Well, if not, uh, you want to jump one ahead and Yeah, why don't we do items about that? Can you just leave that open at this point, Chad? We just leave it. Mhm. Okay. All right. So, uh, who's taking item 88, the 20 21 on sale liquor license fee? That you, uh, Steve, this is what you wanted on the agenda. Did you want to talk? Um yes, you know, last when CO first started, we made a decision to rebate um some of the liquor fees that that our local restaurants had to pay and they're up for renewal again u annual. And so the question really has to do with they're struggling. This is a really tough time and and I don't know if it if it's if it's something we have in our purview. But I was concerned first off, does all the money stay with the township that we we collect? It's not tons of money. $12,000 I think for all of them. If you leave out the liquor stores who have everybody by everybody's guess has done very well, they don't need our assistance. It's the it's the restaurants that can no longer serve bars or have indoor seating. And so what I thought we should have a discussion on is either waving their whole fee or doing something uh do we have the luxury of not charging them at the beginning of the year and later? I don't know what the Can we do a quarterly? Can we do a quarterly billing? Didn't we handle this last time? We collected the full amount and then gave a rebate. Well, it had because co hadn't started yet. We collected those at January. So, we did Yeah. I mean, we could do it quarterly. Um, I know the liquor the fees are kind of set in statute based on size and types and stuff. Um, but um I don't know why we couldn't do it quarterly. I don't think the excuse me, I don't think the statute forbids it. Yeah, I was going to say I don't think there's anything stopping us from doing a quarterly, monthly, however we want. But isn't there still don't we still have to have them signed and ready to go by the first of the year to make them? We did that last meeting. They they've all got their liquor applications in. We just haven't they just haven't had to pay or if they've paid. I don't know what we've done with the money. So, we've got all that done. It's just a matter of we need the proof of insurance and yeah, that all still has to stand. So that all has to be done at the beginning of the year. Um but doesn't that go to the county then after it's all Yeah, it goes to the state. Okay. So right now it's still then the state provides them with their liquor license so that they can actually get deliveries. But the money the the money stays with us. The money is ours. Okay. I'm still worried about that if we don't get this signed and sent to the state if that's going to mess them up when they go or all of a sudden they get opened up and now they don't technically have a license because we held it. Of course it will because licenses are calendar and if you don't issue new license. That's what I'm getting at. So we still have to issue the license. That's fine. I'm all for that. It's the fee that I as a township to support our local restaurants and bars. We don't have many. There's only four. Chad, do we just make it $1 so it look so it actually is a payment to that? That would be a filing fee just for the Yeah, I think it'd be wise to leave a filing fee, some administrative fee and then look at it again at the end of the first quarter. Sure. So wave their first quarter or basically one quarter of their payment or until something happens with the governor's orders. So, how how do we take some action on that tonight? Do I make a motion that we we uh charge them an administrative filing fee basically of what amount? $2, $1? Well, we have to be careful because you already have an ordinance dealing with administrative fees. Yeah. So, you're now establishing a new a fee that's not part of your ordinance. I would say have or grant the license with uh in place or ordinance or statutoily required filing fee and wave first quarter uh first quarter of the actual license fee. Something along those lines. I that that would that'd be my motion uh to wave at least the first quarter of of their annual $3,000 fee. Is that broken down, Tom? when they do pay their fee, what the administrative cost is. No, it's it's broken down by um I think for the bars it's just the uh liquor license and then a Sunday license. And then uh whether or not they have a 32 license, which most of them aren't. Um, so those are kind of the breakdowns, but it doesn't say, you know, out of this 3,000 bucks, a hundred of it for well, so fees with going with Patrick then, we don't really have a set number that we should be withholding out of that fee just for administrative costs. No, but we could probably come up with one fairly well. But all I'm getting at is do we this this may happen again. And so I'm getting at, do we have to amend our fee ordinance to allow for this so we we keep consistent from now on? Yeah. Whatever it takes. Yeah, probably. I mean, I don't know that we other than city the town board filing fee. I don't know that we necessarily have a filing fee in our fee schedule because if nothing else at least whatever we do we can be consistent if there's a next time. So yeah and that's that's important to be consistent. I agree with that. Tell you what I mean uh the fee schedule always gets approved at the beginning of the year. So, we could just add that as part of the fee schedule. And we could also between now and the meeting on the 21st come up with some better language to apply to it cuz we still have one more meeting before the end of the year, right? Yeah. Well, at least that way it keeps us on track with this the county and the state. Yeah. So, the things still go forward. They still showed some sort of fee just to apply for it and then right now it's just in limbo. All right. So, uh, first quarter would be we'd review it somewhere in March if something changes. First quarter is nor well, normally they pay them at the beginning of the year. So, I'd have to look and see if anybody's already paid theirs for next year. And, uh, if so, we'd have to either rebate them or Okay. I mean, we're only talking what? Four restaurants. Yeah. Or four bars. and and at the very least we just send them a letter from the township board saying what what we're up to so that yep y everybody's on the same page page and at the same time I don't think we have to address the liquor stores they're that also have licenses due at the same time and I do not believe they suffered all right so we will table this till the next board meeting which would be what December what uh 21st 21st yep All righty. All right. Thanks, Tom. Thank you. All right. Let's go back to Mr. Roessel for the public hearing of Lakes Shore Setback Variance of 5440 East Bald Eagle Boulevard. I need a motion to open the public hearing. I'll move to open the public portion of the hearing. Second. All in favor say I. I. All oppose. All right, Tom. Okay. Property located is East Bald Eagle Boulevard. right here. This is Eagle Street. It's the property in question, but more specifically, it's the Lakeshore parcel between the home and or between East Bald Eagle Boulevard and Bald Eagle Lake. So, it's a request. It's an after the-act request for a 5-ft lakeshore setback variance and an 11 ft rightway setback variance. This is for a 200 square ft deck that was constructed, a freestanding floating structure that was constructed down on that portion of the lake on top of an existing patio. Uh property owners I I think were not aware that a building permit was necessary and that variances would have to be reviewed for this. So that's why we're calling this an after the fact since the structures in place. You look at the unique uh property here. Fairly narrow uh depth between Bald Eagle Boulevard and the lake. You are allowed a accessory structure. Every property is allowed to have Lakeshore property is allowed to have a lakeshore accessory structure not to exceed 250 square ft. But it is subject to setback requirements which would be 10 ft from the lake shore. The flood elevation of the lake shore elevation 913. And again, we've got a public rightway here. So that's a 35- ft setback. Put those two together and there's basically no room to construct any structure there. So would qualify as a practical difficulty in this case here. I should note a fairly steep slope here. But as you go further to the north and east, it gets even steeper. It exceeds 25 ft from lake level to top of what we call a bluff. structures are not permitted in on in a bluff or a bluff impact zone and should be set back from that pre-existing structures around the lake here. There are structures there. Nothing has been proposed recently and this is not part of the bluff. So, a structure would be permitted here subject to meeting setback requirements. Uh again, request 5 foot lakeshore setback variance, 11 foot rightway setback variance. both reviewed by the uh variance board and planning commission and both of those commissions did recommend approval of the variances as requested. All right, Steve, questions, comments? No, I I heard the presentation and the and the residents at the planning commission and understood the situation. Uh just one the patio that's there now, is it pavers, cement? Pavers. Pavers. Yep. And did Rice Creek Watershed have to look at this because of runoff because of that that surface or not? Uh they typically don't look when it's lake shore beyond that's our jurisdiction. Okay. Uh I believe the applicants did work with the watershed district to improve a boulder wall along the lake shore there. Uh but this particular structure, no. All right. Any other questions of Tom from the board? Then I would look for a motion to open up for public comment. I'll move to open the hearing up for public comment. Second. All in favor say I. I. I. All opposed. Uh I gather the applicant is here. If you have anything to say, you can come up and address the board. Just state your name and address at the podium. Hi, thanks. So I'm Terry Narrow, the resident that lives there. Um, no. The variance board meeting I thought went very well and um they came to the conclusion that the way we floated the deck over the existing patio um made it safer, better for runoff of water. The the previous owners had put the PA stone patio in and it's completely heaved up on us twice. And so this year, instead of redoing it again, we thought decking boards would be better. Water would be able to drain through them. Um, so that's what we did. Um, if if we can't be the setback area, we literally hit the retaining wall behind us and we would just have a strip that would be barely usable if we don't have the deck as wide as it is. So, um, all right. Any questions of the applicant? All right. Thank you. Okay. All right. Is there any else anyone else wants to speak to this issue? All right. Hearing none, I would look for a motion to close the public comment portion. I'll move to close the public comment portion of the hearing. Second that. All in favor say I. I. I. All opposed. All right. Any further discussion from the board or comments, questions? Hearing none, I would be looking for a motion. I'll move based on the variance board, planning commission and staff review and recommendation approve the 5- foot lakeshore setback variance and right-of-way setback variance to allow a 200 square f foot atgrade deck lakeshore accessory structure at 5440 East Bald Eagle Boulevard. Second that. All right, motion's made and second. All in favor say I. I. I. All opposed. Here you go, folks. You're all set. Oh, Tom's got something. There was a second variance here that didn't get on the cover sheet. Does not require a public hearing. I mentioned it in my presentation. That was uh from the right of way. It's an 11 ft right-of-way setback variance. I guess you're not done, Steve. Uh, I'll add I'll I'll approve make a motion to approve the second uh request for an approval of 11 foot rightway setback variance. Second. All right. All in favor say I. I. I. All opposed. Now you're done. You're done. Anything else, Tom? Yeah. Throw some. Yeah. You know, you too. Thank you. All right. That concludes our agenda. No added agenda items. Anyone for open time? Looks like the place is clearing out. Uh item 11. I need a motion to receive agenda materials and supplements. So moved. Second. All in favor say I. I. All opposed. A motion to adjurnn. So moved. Have a second. Second. We are journed at 609. Nice job, Mr. Chair. All right. Now we can all