Snowmobile trail easement causes delay for Tower before land can be sold to Lamppa Manufacturing

The City of Tower has been working towards selling Lamppa Manufacturing a commercial lot on State Highway 135 as a location to build a new manufacturing facility as the long-time Tower company expands its operations. It came as a surprise, however, to Dale Horihan, (Lamppa Manufacturing), and city officials that an unused, but recorded, snowmobile trail easement would cause a delay in the planned sale at the city’s Monday evening meeting.

“This is the first I heard of it,” Horihan said as the city council discussed the sale. Several years ago the city designated an area adjacent to Highway 135 as a light industrial zone but as of yet has not platted any of the proposed lots. Lamppa Manufacturing has been meeting with the Tower Economic Development Authority (TEDA) to pave the way for the city to facilitate Lamppa Manfacturing’s expansion. Together, TEDA and Lamppa Manufacturing, reviewed the available sites but it became apparent TEDA did not do its homework on Friday when a review of the proposed platting of the land in question revealed that the site that Lamppa Manufacturing indicated would best suit its needs was encumbered with the easement.

Mayor Josh Carlson verified Lamppa’s preferred site location with Horihan and said that the city was prepared to move forward with vacating the easement to clear the way for developing the land and proposed selling that parcel to Lamppa Manufacturing for one dollar. The city council quickly and unanimously approved two motions, the first to pursue vacating the snowmobile trail easement with the Department of Natural Resources, Trails and Waterways, and a second motion to sell the land for one dollar. The city council also unanimously approved spending up to $1,500 with Short Elliott Hendrickson Inc. to survey and stake the building lot.

Responding to the Breitung Township request to continue to explore a potential Tower-Breitung Area Fire Department the city council discussed the issue at great length. The city determined that it was indeed interested in continuing to pursue a joint fire department, however it decided that the city first needed to determine exactly what direction it needs to take on providing for its own fire fighting and ambulance department concerns. The city council unanimously approved tabling the current discussion on pursuing a joint Tower-Breitung fire department and will conduct an annual review moving forward.

In other action, the Tower City Council:

• Approved Resolution Number 2017-017. applying the property transfer restrictions of Minnesota Statute Section 271.162

• Acknowledged the receipt of a Thank You note to the Tower Ambulance Service

• Acknowledged a proposed 2018 rate increase to sewer and water charges from the Tower-Breitung Waste Water Board. The city will explore ways to pay for the rate increase at a future city meeting

• Approved a resolution to extend on-sale Sunday Liquor hours on Sunday, October 29, to accommodate local liquor establishments who wish to serve customers early during the London, England, Minnesota Vikings vs. Cleveland Browns football game

• Approved notifying water customers of unpaid charges and the city’s intent to add these charges to the land owner’s property taxes at:

  • 615 Main Street, $1,881.35
  • 509 South Second Street, $2,454.77
  • 609 South Second Street, $961.55
  • 608 North Second Street, $565.96

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At the onset of this meeting, Marshall Helmberger, publisher of the city’s official newspaper, the Timberjay, finally came public with his accusations about open meeting law violations. On October 2, he wrote most of the city council members a private email encouraging the city to pursue an extensive water and sewer project extending these services to Northwoods True Value and the Department of Natural Resources complex on State Highway 169, all homes along the length of Hoodoo Point Road, adjoining roads and potentially, to the end of McKinley Park Acres. In this letter Helmberger accused the city of failing to make its decisions in public, particularly about the city owned campground. The letter also lobbied city councilors to have TEDA, an advisory committee to the city, undertake the task of exploring the possibility of this major sewer and water expansion. Incidentally, Helmberger is the current president of TEDA.

Following the adjournment of the city’s October 10 meeting Helmberger confronted the Mayor about failing to address the sewer and water concerns he raised in his private communication at the meeting and accused the city of open meeting violations in a combative manner. He was quickly rebuked by the Mayor who apologized for the city’s failure to keep him informed and told him that he would see that he was personally informed of each and every committee meeting.

On Monday, October 23, Helmberger addressed the city council and read from a prepared statement and accused the city of several open meeting law violations. A quick review of his supporting documents show that the city may well have failed to adhere to the finer points of the open meeting laws, however it seems that the violations mostly result from the city failing to inform Helmberger, himself, of a couple of city advisory committee meetings, primarily the Tower Harbor committee. It does not appear that the documentation Helmberger provided the city shows any complaints about open meeting violations of the campground committee, his own original complaint, or any open meeting law violations, involving the city council directly, regarding meetings where city policy and actions are determined.

The Timberjay has a long history of enjoying special privileges at city hall and has long served as the city’s official newspaper and it seems disingenuous for Helmberger to complain that he does not know what is going on in the city. What is certain is that there is little legal penalty for open meeting violations, especially for those of such minor infractions, and the drama created by Helmberger’s complaint will deflect and hamper the city’s ability to conduct the people’s business.

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