White Bear Township 07-01-2019

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e e e e e e e we'll call the Tom board meeting for July 1st order at 7:00 first item on the agenda is the approv of the agenda Patrick informs we were adding one item yep Mr chair we will be adding um 9A a second amendment for 2019 to the jpa to protect and manage the Badness Lake Area Watershed and obviously we just have some supplement information on 8f 8f correct all right uh do I have a motion to approve the agenda as amended so moved second all in favor say I I I all oppos right uh Steve you signed off on bills yeah move to approve payment of the bills I'll second all in favor say I I I I all opposed that motion carries item number four is approval of the uh June 27th minutes 17th Mr chair 17th great so moved second no Corrections all in favor say I hi you didn't get me answer did you didn't want me the answer I we need a motion for for the June 20th move to approve which I did not attend oh nor did I okay move second I will second that all in favor I M Scott would abstain all right moving on item number five we've got a list of consent agenda items all right item 5A special Town board meeting call a special Town board meeting for Wednesday July 31st 2019 at 6 p.m. to attend the white Bear Lake Area Schools and municipality summer connection at the Badness Heights Commons item 5B Planning Commission appoint Howard blind to fill an unexpired term through April 30th 2020 item 5c League of Minnesota's City's liability coverage approve a waiver of the liability from item 5D sidey setback variance request at 3940 Lakewood Avenue call a public hearing for Monday August August 5th 2019 at 700 p.m. to consider a sidey setback variance request item 5e RightWay variance request at 5216 Park Avenue call a public hearing for Monday August 5th 2019 at 700 p.m. to consider a right of-way variance request item 5f Park Board recommendations one polar Lakes Park approve L's correct agreement to draft a conceptual site layout Focus using on restroom locations and Design Services proposal including the playground in an amount not to exceed $9,300 two chair and vice chair confirmed Scott Lombardi as the park board chair and Selena CER is a vice chair for 2019 2020 three Belair Beach approve obtaining a master plan to improve b b air Beach Park item 5G right of way permit B Bas on Town engineer review and recommendation and including his recommended conditions approve the Century Link permit to replace a buried cable to serve 5918 polar be Lane which will be performed through boring and open trenching and item 5H first quarter financial report received all right motions on the consent have a second second all in favor say I I I all opposed that motion carries item number six uh old business we have a solicitor's license request that's Topline construction Patrick you going to take care of that one uh yeah Mr chair they uh have met all our requirements for U requesting a solicitor of license we are merely looking for the board's approval at this time any questions of Patrick I just have one uh noting in criminal background checks I mean that town residents expect whoever we've allow to come into the town to be banging on our doors that they've been properly vetted and we expect that the owners of these companies also do that so I I would be willing to accept the motion to approve under the conditions that Top Line has vetted both of their applicants to make sure they're of legal residents you any problem with that no all right hearing that do I have a motion to approve so moved I'll second that noting with that one requirement yes all in favor say I I I I all opposed all right that motion carries item number seven is a public hearing we do not have one so we'll move on to new business adaa administrative and Public Works Landscaping Renovations that's me start of it uh we taken uh back in May the board had approved the RFP to send out to request for our proposals to send out and that was approved and we sent it out and then received sealed bit sealed proposals use my terminology uh on at 10: a.m. on June 13th we received three proposals um let me back up the just kind of briefly describe the scope of the work the scope of the work involves tree and shrub removal retaining oil removal regrading and replanting um it we so back to the proposals we did receive three uh from the following uh landscape contractors Birch for $50,0 landscape sculpture garden LLC for $ 56,2 65 and prescription landscape for 53,6 2542 um after the re uh review of the proposals by staff we recommending The Proposal from Burch uh all the proposals were in the packet they provided a very detailed uh design and concept and it was uh very thorough and happen to be the low proposal so we are recommending that the town board uh approve the project the first uh it would be funded by the capital building fund which has 185,000 for the interior and exterior improvements in 2019 uh including 50,000 for rebuilding the retaining walls which we're removing in this project so we won't have future maintenance on a retain ww du degradation actually the whole project was about 40 grand less than what we had anticipated out of the CIP who anticipated us was that the town Engineers amount or that's what we had set aside in our Capital Improvement fund okay so do you anticipate this happening at the same time as the interior Renovations or I think this one will get started first okay yeah so um it wouldn't interact or interfere with any work that you're doing inside taking stuff out and no we actually found a solution to uh the interior that we thought was going to be an issue with the outside putting some of our stuff on the outside they told us they've got a different way of doing it now that they don't have to go outside with anything okay so and a lot of this well this is the first time this been renovated since the building was built in 96 and most of the what looks like they're putting in is low maintenance very so it's not going to increase uh your time much nope no I think looks like a good plan there was some talk of Saving All That Rock is that still on the table or suppose we could repurpose it yeah we can use it well put it this way deal do we have any use for it I it's a sin to throw it away it is but it's just a storage factor for us you know we don't use much uh because St Paul does our water man repairs normally that rock would be great for the bottom of the uh repair okay you know when you got a lot of water in the trench and stuff but we just don't we use St Paul to do our repairs we should ask Larry poppler if he can use it for the pavement management I miss that we should ask the payment management plan it's fairly good size stone for a rip wrap or whatever but I it just seems like a s to throw it in a dumpster but I don't know something I would think to keep in mind could use it around maybe one of the parks somewhere might be is there um something smaller in this L is there um sprinkling irrigation systems in be removed and moved back in it'll be adjusted just adjusted yeah there'll be some modifications of the existing on that flag area yeah down by the where the the parking is with threee flag pull sit yeah yep they'll be they know they're aware they have some irrigation modifications to to include with their work based on our design I'm sorry I interrupted Dale and boy we just threw him off sorry I so after reviewing this we just recommend Town board accept a proposals and approve the lowest proposal from Birch for 50,000 oh go ahead I'm sorry do you know if uh with the proposed plantings there was any thought given to like uh low water usage or did they just suggest the plants with no input from us on on that they that I really don't have the answer for okay I was just curious I don't have the answer for that one either are we installing rain barrels no that was not submitted to us it's part of the plan I bet you we could get a like a bomo pitch in oh there you go there you go good idea so I just one correction to my memo so I had mentioned that their proposal was for 50,5 but they had an alternative to include uh brick the curbing it's a install gray bullet edgers in place of vinyl edging you know for the the landscape beds and that was going to be an additional $2 $2,450 my recommendation would be is we add the 2450 to the 50,5 for a total of 5246 still so from to the so the proposal from Birch would be for 5246 is what I asked the board to approve which keeps them still lower than the other two biders yes yes thank you I meant to to say that so all right any other questions to Dale um sorry one more question the um don't be sorry the the sidewalk and the steps up into the um building is that going to be reworked as part of this project or separate will the sidewalk and have are redone last year so we're going to keep them as you mean the areas around them or the actual well leading into the building I just thought I remembered seing some cracks um well they were but they had replaced that last year yeah okay the it was busted you were correct the ramp up was Corners missing and okay and there was a yep right in front of the door there was a monster crack yeah yeah all right anything else all right so Dale you want uh two motions here one to receive and one to award correct I'll move to receive all proposals I'll second that motions made in second all in favor say I I I I I'll oppos that motion carries the uh second part award the proposal for the administrative and Public Works Landscaping renovation to the lowest responsible company Birch in the amount of 52,6 with funding from the capital building fund and that number is different than the original request of 50,000 to add the additional 2,400 something dollars $450 $450 yes thank you I'll second that all motion V second all in favor say I I I I that motion carries all right uh moving on Item B 2019 seal coat and bituminous surfaces yes Seal Co and vinous surfaces also mine um I have not any originally it was a trail seal coat project when I did in 2012 the last time we had done it and we typically do seal coat and sand application on these Trails every 5 to seven 5 to seven 5 to eight years um and we're at that time here so the trails can be an application this year along with that I've included the scope I extended the scope of the project to include lift station driveways and wellhouse driveways we haven't had a NE a really good program uh and a lot of the timing is perfect the driveways have that are at binus need AR in need of a a sealant um this year's project includes 24 different by tuna surfaces within the township you know trails and driveways uh the schedule for the project will be approval of the plan specs and authorized biding hopefully tonight and then uh we'll have bids due August 1st uh with the approval uh of the low bid to U on August August 5th and the work will be completed by o October 1st I have it in the specifications so it's a trying to keep it moving along here uh uh so my request for the town board is to approve the specifications and authorized bidding for the 2019 seal coating of the bar various bituminous surfaces within the town right questions comments um the only question you said by the end of October or by October they'll be done yeah by October 1st um just when you make a mental note though that the around the school I think they're doing uh Otter Lake Road north of John quill which is a school path yep can they be one of the early ones that they do so that's not going to interfere with yep students anytime I can coordinate avoiding School traffic yeah I I'll do that and maybe it'll be where they do on a weekend to to accommodate that so yep anything Scott nope uh just one thing Dale when we were on that parkboard tour uh this includes Summit Lane correct correct wasn't there some discussion of uh red draining or doing some grading work or something on that I know I think on the end it was to stabilize the asphalt on the end where the dock connects that was some of discussion Tom or plan that Tom has for that stabilization of that Shoreline now that the water's up so so there's nothing about putting either drain tile in or a catch Basin or something up near the top well I know with the Southshore project well I'm just getting at it are we seal coding this and going to tear it up for something that's what I'm getting at well I I'm not sure when they when the Sal Shore project is going to move forward and you know I just want to preserve what it's there in case it doesn't too so it's a relatively inexpensive preventive maintenance measure okay I'd like to I'd recommend we go forth not knowing we don't have any certainty with sell short yet all right I like I said I just I hate to see you do it and then have come right behind us and tear it up no I I would agree but um if I had more of a firm one that's moved for than I I can delay it if you the board prefer I can take it well it might be just worth a call to see how they're I know it's been pushed back a couple times here and I'm still not sure when they're so okay so yeah I I'll check with them if you're comfortable with this if it's going to be next year I'll say okay I'll just take that out of the okay you know I can I can change the contract 25% either way more or less we have that within the specs so all right sounds good let's scope the contract so all right another questions i' be looking for two separate motions approve the specs and then authorize Advertising based on staff review and recommendation I'll move to approve the specifications second I'll second that in favor say I I I I all opposed that motion carries and the second one based on staff riew and recommendation authorized advertisement for bids noting a bid due date of August 1st 2019 with Town abort approval on August 5th 2019 have a second second motions made in second and all in favor say I I I all opposed that motion carries all right item 8 C the uh radio Replacements yes um again my item uh We've uh our current 800 megahertz radios we've had for roughly 5 years uh they we got the original radios with a grant through uh Ramsey County Emergency Management I believe and that's how we acquired them and at this point the uh radios are in need of an upgrade due to the fact that we lost of support for the current radio models that we have from Motorola so staff is recommending we go forth with the replacement we have in the CIP um the radios are used daily for communications between staff um they're they've been a very important part of our operations for communications between staff uh you know from water main brakes the jetting to snow removal um any kind of emergency and I myself can attest to it's nice having that ability and there is also the ability to communicate Statewide regionally you know locally regionally and Statewide on an emergency because you can just switch to channels um with other governmental agencies the coordinate a larger school to emergency effort so if there ever was to be a situation like that we could do that um funding for the 800 megahertz radios would come out of the Capital Equipment fund which has eight 18,720 budgeted um quotes were received from three vendors ancom motor roller Solutions and R&D Communications ancom was 18, 3865 the AR of the state contract vendor for this type of radio so the low uh Motorola Solutions is another uh Bender but not a state contract for the 21963 63 and then R&D Communications Incorporated for 22399 um Tom board action is to receive the quotes and approve the quote from ancom for 18, 3865 I'm I'm kind of confused on page 132 the purchase order for for $1,380 the purchase order is to be made out to Motorola Solutions it doesn't say anywhere on here ancom other than the email address of ancom dorg yeah I do see where and then if you skip forward two pages to the bid for Motorola Solutions the email address is once again Anon .org so I'm kind of confused as to let me um they might they might just be doing some broker work on behalf of Motorola I'm guessing they're approved vendor for the state contract through through Motorola a local vendor ancom but I can verify that if that would make the board more comfortable yeah I I'm sorry I didn't catch verified but either way they're still the lowest of whether it's I mean I agree he needs to clear it up but motor r second so okay but no I think you're correct for pointing it out Le should know but the other bid is yeah higher than both of those other two so if he can move forward okay um but good point right it does seem a little confusing seems odd well if you go back to I mean one more Dale the old ones the ones you currently have what happens to them what are those Solutions they'll uh use them for seasonals they just won't be a supported anymore they're not like they're throw away but they they can't be they have some limited use yes they have some limited use because every year for Township days you know we always say we need radios because we can't tell what's going on if they're they're limited use they might serve that purpose to have around for so they're no longer obsolete is what you're saying well whether they they can't be upgrader you know can't get to the current upgrades to maintain their efficiency and Communications but that doesn't mean it you know I I don't know which point they wouldn't be anymore where it wouldn't be helpful but I'm sure going to be good at least this year they just won't get re they can't get uh repaired I guess is the word I'll they be used by uh uh summertime help and we do that's that's the plan yep well so these these eight new ones are for you and the rest of the public work staff right correct we don't get one you get one the or the ones that don't get upgraded the one for does the building inspector have the same would he get a new one ALS is that included in that number or is that not included in that number uh I don't know I might be an out of it the he might get one but I won't so I didn't ask Paul Paul put this together and I'm sorry I I have to he's not here and there was some questions I had for him but he's off ucation so well that number eight is just Public Works in you though I think right yes right that's something we maybe want to verify now is that something you want to if we have to add one do you want to come back with this or yeah you know what I think at this point we're not under any uh urgency I guess I can go back come back with more clarification to especially with the point that Scott me I think good point um thank you I just got to I don't have the answer unfortunately for you here I can get it for you next meeting what do we do all right I think we should uh move to continue this till July 15 15th yeah I'll move to continue this till July 15th meeting I'll second that motion May second all in favor say I I I opposed all right continuing on all right item 8D the gate valve repairs I think I got this [Laughter] one giving him a complex anyways so we have a couple gate Val water main gate vals that are in need need of repair one we're unable to operate that's the one on Centerville Road can't key it with a key to shut the water off to isolate the big main on Centerville you know have several there valves are used to control sections of pipe so we don't have an issue we can don't have to impact more Property Owners than necessary uh by not having valves that operate to keep the area to a a minim minimal impact so the one so the one is on um as I mentioned on Centerville Road 5692 that only we can operate the other one is on um Hennessy and vist Hennessee Vista and Otter Lake Road that that's leaking we'll need to it could I'm sure it's the bolts are corroded and when they went to close it it pulled up on it Scutt so a seal they can't we've had several valves in the time I've been here that are like the like repairs and normally we'd have St Paul do these repairs but they are so busy we uh requested quotes from three different vendors for this repair work and um they happen to be uh in Miller Excavating for $1,262 32 Olson sewer service for $10,995 and then Valley rich company incp operated for $2,650 um the repair work will be funded by the water operating fund or budget fund um so my recommendation of the board is the tell board is accept the quotes and approve the quote from Miller Excavating for 10,262 32 any questions comments have we used Miller before you know I can't say that doesn't sound remember but I I know they're rep comp they've done work for other communities but I can't say they've done work for us and then just in the scope of work is the valve actually specified for model number everything they're all bidding the same gate valve yeah there one is just the cover that goes over the valve you know to get so they can operate the nut and the other one is uh it probably just the bolts that's the it won't be a valve replacement oh okay so all right hearing no other comments or questions do I have a two two motions here receive the quotes and approve I'll move to receive the quotes I'll second that mo may in second all in favor say I I I I motion carries I'll make a second motion to approve the quote for the 2019 gate valve repair work to the lowest responsible company Miller Excavating Inc in the amount of $1,262 32 with funding from the water operating budget fund I'll second motion man second and all in favor say I I I opposed that motion carries all right moving on 8e Windstream norstar yes Mr chair um the uh this is the last lease that we uh were required to extend um in order to get a valid bid on taking over those leases from okay you got to explain what the leases are for I'm sorry for cell tower use there you go um and we were requested to get these leases extended in order to get um a bid or an offer on those leases in the next week or so um the other two that we have had automatic triggers to them uh that renewed January 2019 for 5 years we needed to get this one in place uh so we could start negotiating um uh what their offer could be was there any interest in them seeing or helping with the lease agreement to conform more to their expectations or not interested not interested okay all the work is on the front end for him at that point so yeah so we're I guess we're looking for an approval for these leases uh to be extended that they were more than likely going to be extended anyway you know this this is on location on Hoffman Road next to where the old town hall used to sit yeah so everybody y aware of that Y and then um which that property we still own we I'll get an outline of what uh how the whole process will work probably by the 15th to share with the board before we commit in anything all right any questions comments well we'll see this should be interesting yep all right so you need a motion to approve the the extension of the Le I'll move based on the town attorney and staff review and recommendation approve the First Amendment to site use agreement between Whitebear Township and Windstream Northstar LLC for the premises at 4151 old Hoffman Road beginning November 1st 2019 through October 31st 2024 and Mr chair before you vote on that just for the board's own Comfort level um these leases exist just like they have before um they are fiveyear extensions however either party has the option with proper notice to get out of or terminate the lease so you're not getting into anything that you haven't been in before I guess is what I'm trying to say so I have a motion do I have a second second any further discussion all right motions made in second all in favor say I I I all oppos all right moving on item 8 F the international Union of operating engineer Local 49 Mr chair this was requested by our public work staff who are members of the iuoe uh to participate in their Central pension fund um it is nothing that Beyond it flowing through um our accounts that the the township has any um oh what's the word I'm looking for commitment financially Beyond staff management and helping out our public works department do this this is a pension fund strictly for 49er members uh we did it uh you should have a list of other municipalities that have yeah that have gotten into this uh I know in kabic we had we were in it for a couple years and uh operated with issue free I should say all right any questions comments no I think it's good deal for those guys I think for them all right looking for a motion to approve I will move based uh to allow the employees of Whitebeard Township who are represented by the international Union of operating engineers local 49 to participate in the central pension fund noting that the contributions are 100% employee funded by payroll deduction and they are not funded At All by the township second second motions made second all in favor say I I I all oppos that motion carries thank you Mr chair all right 8G we have the red Luna Taco Factory uh yes Mr cheriff uh pleases the board um red Luna Taco Factory has applied for a liquor license um wine and strong beer on premise that's it yep they have met all requirements uh through the application process uh to proceed to this point for the board's rendering of its decision as to whether or not they want to extend that license uh they're not open yet are they no no not yet is the construction done um uh not all not they can operate but I think they still have some construction to do I'm just curious that they're waiting till now to apply when I think there was article in the paper saying that they were shooting for Mid July right any questions well the only question I have is that our building inspector thinks that it should be table until they deal with charges but I I don't know what that effect has if they meet the requirements I guess I would ask Mr attorney to talk with us about that so the sack credit I thought Larry El had this all resolved yeah good point well the sack credit is really a completely independent issue from the liquor license so I can't see tying them together but we just dealt with this a couple months ago and I thought they pretty much ironed this out between the car wash and the building and the change in uh use and so I'm not sure what Mike's looking for here I mean that the sack issue would not would that impede them from opening I don't I don't think so that's between the owner of the property and the Lei they're they're so simply a tenant as my understand no there would be a okay that' be a landlord issue I'm comfortable moving forward is there is there I didn't even think about that right is there supposed to be outside seating for this I don't think so I believe there was no outside seating so there's no issue of someone taking alcohol out of the restaurant to outside seaing area I don't I don't remember uh is that I know Chad you may have to refer to this that something they can do only if that outdoor seating area is part of the area that was being is the license being issued for oh would they have to have it actually designated as part of the yeah it's part of the premises yeah that that's the way I'd look at it CU I think we have one more restaurant coming up with one of these too so we should clarify how we want to do that can't say the state statute is really clear on that but the premises would be you know license is issued for the premises and if that patio is part of the premises and they should need to Define that patio I don't think there's a I don't think there is a patio but well the problem is it seems like they would have to walk across the parking lot to get to any seating yeah oh it's a casual service restaurant no servers order and sit is what it says yeah they don't say inside or out it doesn't say inside or out no but I don't believe there is outside I drove by it well is that something we want to include in a motion that we verify that that is strictly indoor seating with alcohol not to leave the premises can we do that I don't know can we Chad I see no reason why not because we unless you're most bar if there's a well that's true yeah if it's questionable about the plans of where there where the alcohol's going yeah I think you have the right to do that right you have right to condition the license on a clarification of exactly where the alcohol's being served and where the patrons are allowed to go with it mhm in the liquor application it it says the premises for which the applicant seeks a license is an establishment having a manager and a room with appropriate tables and chairs for serving guests in which food is served that's in the application so I then I say it's limited the the license limited to the room then yeah I mean I think if we say that that and it goes outside the rooming thec 166 I know I'm still looking at what does that say red something LLC but I don't what page are you on 172 in the application for the alcohol application it says red something LLC and it doesn't look like Luna no that's the trade name is red Luna T Tacko Factory the the LLC is red Chella or an Anella what I'm getting at is is there we've got two different some paperwork here with different application names that's why I'm going with well I'm look what which one are you looking at Mr 172 it says red whatever LLC they don't have that mine aren't numbered so so yeah there's an LLC okay yeah that's right here business trade name yep well business trade name is nothing but an assumed name it's it's still it's not a separate entity but but it does it have to line up with the other application with it says red Luna well the leny looks to be red chica LLC that's that's who has a license okay the fact that red chica LLC is operating under the trade name of red Luna Taco Factory is all right all right any other questions of Bard I just have one Chad could you explain to us and the residents when we issue a liquor license um what's the state regulation on any kind of background checks there is no well the only the only disqualification for a liquor license is one if a li if you've had a license and you've lost it in the prior five years you know it's been revoked you're not allowed another one for that 5year period the other one is if you're if a person a person if there's a question about a person's moral background then you can you have the discretion to deny it as well it's pretty broad it is very and that's basically what the statute says it is very broad how are you supposed to investigate moral background well well the owners of this this lady that that's the owner she owns currently a restaurant in white beer called Casa LPA correct um they've been in business for a number of years a long time um I don't know what more there needs to be done okay I I just want to just want for the record that even the state doesn't regulate liquor licenses for anything but just Chad explained well and the state basically leaves it up to the to the entity to the municipality is issuing the license to make that decision and they give the municipality great discretion as whether it issued or not though you do have to have a rational basis for denying it that's a pretty broad term there I was just going to say it is I I'll Grant you it's broad term but that's what the statute says I'm not going there you guys want to all right any other questions comments all right then I would be looking for a motion to approve the liquor license for red Luna Taco Factory I'll move to approve the liquor license for red Luna Taco with that understanding that the premises is an in interior and as we discussed on one what does it say say so we know what the premises is it's defined excuse me um as interior seating not not a patio all right I have a motion do I have a second I'll second motion made second any further discussion call the question all in favor I I all right moving on item 9A the volam J PA she should complete oh okay y that's no problem okay um Mr chair the uh yeah added as uh an agenda item is the Second Amendment to the jpa to protect fadness Lake Area Watershed I'm asking we are asking that the board uh consider and approve the Amendments uh we have run this by the township attorney and I see no problem with it yeah we spent a substantial amount of time going over this at our last Volo meeting and I believe all the affected communities are on board so okay and because I am one of the board of directors on that unless there's any other questions or comments I would move to approve the Second Amendment 2019 in the joint Powers agreement to protect and manage the bis Lake Area Watershed I'll second that MO M second in all favor say I I I all opposed that motion carries thank you Mr chair all right moving on we have open time Sheriff's anything Deb come on give us an update of the wiper press all right hearing none uh moving on item 11 I need a motion to receive agenda materials and supplements so moved second all in favor say I I I all opposed item 12 motion to adjourn so moved a second second we are adjourned e