REGULAR MONTHLY MEETING (March 16, 2004)

 

Board Chair, Robert Benson called the meeting to order.  Other members present included Supervisors David W. McKeag, and David Garner.  Also present, Clerk Colleen Thompson and Treasurer Kenneth Ebert.

 

The Pledge of Allegiance was recited.

 

Colleen read the minutes of the February 17, 2004 Regular Board Meeting.  Bob made a motion to accept the minutes as read.  Dave McKeag seconded the motion. The motion carried.

 

Ken gave the Treasurer Report.  Investments include three C.D.’s for $160.573.57 found in the building fund.  Two CD’s for a total of $122.340.18 are placed in the Road and Bridge Fund.  Investments total $282.913.75.  Ending fund balances as of February 29, 2004 are General Fund $90,712.89, Road and Bridge Fund $44,801.63, Fire Fund $20,000.00 and Building Fund  $2,244.00.  Total balance of funds is $157.758.52.  Bob made a motion, seconded by Dave Garner to approve the Treasurer’s Report as read.  Motion carried.

 

Gerry Pribyl, 32567 59th Avenue Way, Cannon Falls, MN in Section 25, lots 25 and 26 of Oxford Estates on 2.7 acres, appeared before the Board to request a building permit for a 30’x 40’ x 10’ garage. Estimated cost is $20,000.00. All setbacks and square footage requirements are met. Dave Garner made a motion to approve the site plan and garage to be built per site plan.  Bob seconded the motion.  Motion carried.  A fee of $55.00 was paid.

 

Aaron Britz, 1251 Sciota Trail, Randolph MN appeared before the Board to request a building permit in Section 22 on property currently owned by Allard and Joyce Moorhouse.  Mr. Britz did not have a survey of the property showing ownership.  Mr. Britz was referred back to the April 20, 2004 Town Board Meeting to which he will need to bring forth a survey and site plan.

 

Carl Slifka, 31182 55th Avenue Way, Cannon Falls, MN appeared before the Board to request a 45-foot variance from the public right of way of 55th Avenue Way, also known as Willard Road, for the purpose of building a home.  The portion of the road involved is not built.  The road is drawn on the plat of Woodland Heights Addition. Mr. Slifka needs the variance to locate the proposed house out of the flood plain.  Dave Garner expressed his concern of a 45-foot variance of a 60-foot setback requirement.  He asked, until the road is officially abandoned, can the house be placed to be 60-feet from the road.  Mr. Slifka answered no, the flood plain being an issue.  Bob stating due to circumstances and knowing the road will not be developed, I make a motion to grant a 45-foot variance to Carl and Carol Slifka, this being the recommendation of the Planning Commission who held a Public Hearing with no objections expressed.  Dave McKeag seconded the motion.  Motion carried.

 

Dan Flotterud representing Saint Paul’s Lutheran Church located at 30289 59th Avenue Way, Cannon Falls, MN. appeared to request two variances of 4 ½ acres each on property Saint Paul’s owns along 303rd Street Way, originally described as Lots 7 and 8 in a plat of Greenview Estates. Mr. Flotterud stated that he understood that they could break off a larger piece and break

that off as two separate parcels.  He stated he did not think that was the best way to go about

REGULAR MONTHLY MEETING (March 16, 2004 cont.)

 

pursuing this as it would involve their ball fields. He also stated he felt it would be cleaner to make two approximately one half acre sized lots. To plat the property would be more costly. He went on to state low density residential is the best use of the property and he felt this would also be the case if annexed into Cannon Falls.  He stated it would add two lots with houses to the tax rolls and would enhance the neighborhood.  Because of the gravely condition of the area, he felt septic for two lots would not be a problem.  He stated the issue was not passed at the Public Hearing held by the Planning Commission.  He felt the basic concern was the method used for their request.

 

Dave Garner stated he understood Mr. Flotterud’s reasons of making the request by variance, even though, their desire is to sell the lots and he would rather see it done as five acre lots.  Mr. Garner stated he saw no hardship.

 

Bob asked how this would affect their desire to add onto the church.

 

Mr. Flotterud stated the church has no plans on moving and at this time they are looking at building onto the school, possibly a gym and classrooms.  He stated again, using five acres would be messier.  Mr. Flotterud stated when the church purchased the property six lots and six acres were merged into one parcel.  Lots 7 and 8 were merged into acreage at that time.

 

Bob asked for a motion. 

 

Dave Garner moved to deny the variance request stating they can lie out two 5-acre lots, seeing no hardship.  No second was given to the motion.  The motion died.

 

Bob asked if an addition to the motion could be made to make it build-able if using 5-acres.

 

PC member, Paul Schluter suggested putting one house on 1-acre stating a neighbor was in agreement to one house.

 

Mr. Flotterud stated one house and one lot was not presented to their Board of Elders and also that he was told at the Hearing that he could not change his current request at this time.

 

Dave Garner stated he had a problem with going from 5-acres as per ordinance to 1-acre.

 

Bob stated he would like to see it built on.

 

Dave Garner moved to deny 5 acres split into two ½ acre parcels, seeing no hardship.  Bob seconded the motion to deny.  Motion carried.

 

Glen Emery representing Willard Emery appeared before the Board to request a replacement building for an existing shed.  The site address is 911 Highway 19 Blvd., Stanton, MN. The building is proposed to be 1040 square feet with an estimated cost of $12,500. Dave Garner made a motion to approve a building permit.  David McKeag seconded the motion. Carried.

REGULAR MONTHLY MEETING (March 16, 2004 cont.)

 

Board member Dave Garner had attended the Randolph Fire Departments Annual Meeting and expressed the Boards dissatisfaction with the way they are calculating the cost of service.

 

Two representatives, Jim Heiman, Chief and Ross Dack, Assistant Chief from the Randolph Fire Department appeared before the Board to address the issue of cost of fire protection for Stanton Township. They presented the Randolph Fire Department budget and stated that the same way of calculation has been used for the last forty years.

 

Bob asked why bare land values are included in their calculations.

 

Dave Garner stated he had a problem with them using 50% of total property value and suggested taking only the value of the area they cover and then apply the numbers.  He stated the cost should be $9,488.00 not $14,000.00.  He stated we have a problem with the fee charged, the department does a great job, and we have no problem with the job done.

 

Ross Dack stated no one in the department is being paid; the satisfaction is of providing a service. He stated they are trying to maintain a fire department.  They had used Federal Grants in the past but now the grants are gone.

 

Bob stated what he hoped they would see is that they can’t charge us for the east side of our township located in the Cannon Falls Fire District.

 

Ross stated they could come up with another method of charging for service, but they still need to come up with the same numbers.

 

Dave Garner stated the process should be the same for everybody.  Stanton Township is charged on an over evaluation of property the department is covering.  He suggested throwing away the old way and to stick with the actual evaluation of area covered.  He stated we don’t want 50% of property value based on 33 mil.  Dave stated the issue before the Board is the error of calculation of property value.

 

Ross stated the department could charge another way such as per call, per man, per truck, per hour, or by simple calculation.

 

Dave Garner stated they need to be fair and why are they using the total valuation when most of the housing is on the east side of township, covered by the Cannon Falls Fire Department.

 

Ross stated they are asking for $14,976.00 using a guideline from the State of Minnesota in their calculations. 

 

Dave Garner stated he was asking to be treated fairly for all involved.  Forty years ago it may have been realistic, today it is not.

 

Ross stated the $14,976.00 is what they are asking for as our donation towards the fire contract. 

REGULAR MONTHLY MEETING (March 16, 2004 cont.)

 

He stated we could contract totally with Cannon Falls.  Cannon Falls charges a flat rate plus $250.00 for each run.  He stated the issue comes down to about $2,000.00.

 

Bob Benson stated he appreciated their appearance and thanked Ross and Jim for coming to the meeting.

 

David Lorentz appeared before the Board.  He is hoping to open Spring Garden Nursery.  He attended the P.C Meeting and agreed to a Special Public Hearing to be scheduled for March 30, 2004 and was now asking the Board to hold a Special Meeting on the same date to speed up the conditional use process to allow him to open his business in April.

 

The Board agreed to the Special Meeting stating that all costs would be borne by Mr. Lorentz.

 

Adam Reager presented pictures of grass damage on Cherry Lane resulting from snow plowing he had done for the township.  He also reported that he had filled potholes on 310th Street, Warsaw Trail, 40th Avenue and 35th Avenue.  He stated he put two gallons of water in the grader at 55-57 hours, that the oil is not discolored, but he needed to put in 5 gallons again the last time he used it.

 

Dave McKeag stated he noticed the wear edge on the wing is worn down.

 

Bob reported to Adam that people of the township expressed their unhappiness with the job he is doing.

 

Dave Garner stated there appears to be conflicts, his work and plowing at night will not work out and we need to react to the citizen’s request.  Dave asked Adam what he thought.

 

Adam stated he had no problem at all with the township putting another person in to plow or grade.

 

Colleen asked for a clarification of the portion of the road off from County Road 24 that the road into Oak Leaf Estates stems from.  The question being is that portion of the road included in the Oak Leaf Estate plat or is it a private driveway? 

 

Bob stated that Jerry Willingbring, a resident of Oak Leaf Estate is looking into this issue.

 

Colleen reported twice being contacted by Andy Sandstrom, he is asking for 59th Avenue Way to be graded due to deep potholes. Colleen also presented the Board with a resolution form that needs to be filled out and sent to the Davis’s for the purpose of the township taking over 59th Avenue.  After the paperwork is done, the township will take over maintenance of the road.  Colleen stated that the same form is needed in dealing with the road into Oak Leaf Estates.

 

It was decided to schedule the “road trip” immediately following the Board of Appeal Meeting on Tuesday, April 13, 2004.

REGULAR MONTHLY MEETING (March 16, 2004 cont.)

 

The Board discussed the Road Maintenance Agreement drawn up by the Warsaw Town Board.  The question of who has maintenance responsibilities of each road was discussed.  It was determined that snowplowing, grading and mowing were shared responsibilities, and all other maintenance was the responsibility of the owner township.

 

Dave Garner stated that the document sent by Warsaw for signing is an invalid document.  It was determined that Colleen will retype the agreement and send the new document to Warsaw Township.

 

Joyce Moorhouse, 2763 310th Street, Cannon Falls, MN appeared before the Board to state the Board should have looked at the paperwork Aaron Britz had in his attempt to receive a building permit.  Joyce went on to explain the permit for Mark Dubbles property fell under the grandfather clause.  The property had first been sold to a “first” party and when they backed out the issue was in litigation for one year. She stated they then sold two acres to Mark Dubbles.  Mrs. Moorhouse presented the Board with a survey used for the Mark Dubbels property.

 

Bob and Dave Garner both stated they can not act without a survey and cannot grant a permit without a survey, the land Aaron Britz is going to get needs a survey. Dave Garner spoke of the 76.51 acres stated on Mark Dubbels building permit. 

 

Mrs. Moorhouse left the meeting.

 

Brian Hougan, appeared before the Board, he stated he is on the P.C. Commission of Warsaw Township.  He would like to buy five acres along Hwy. 56 to build an 80`x 200` shed for 16,000 square feet of storage for wholesale lumber.  He was checking with the Board if this was possible in Stanton Township.

 

The Board stated he would need to meet setbacks of property lines. He also would need enough acreage for that size building and if it was used for storage and handling of wood only, they did not foresee a problem.  It was also stated that CER Rating is not a township issue.

 

Meetings attended by Supervisors: Dave Garner reported that he had attended the Randolph Fire Department Annual Meeting.

 

Upcoming meetings were discussed.  The entire Board will attend Short Courses.  Dave Garner will try to attend the Goodhue County Association of Townships Meeting on March 22, 2004.  The Stanton Township Board of Appeal will meet April 13, 2004 at 10:00 a.m.

 

Colleen reported that she had received the Finding of Fact from the lawyer of the Cooperative Power Association.  The Board will review the papers at a later date.

 

Discussion was had as to the ownership of the road fronting the Town Hall. It was determined that the township has maintained the road for over six years and could legally obtain ownership

 

REGULAR MONTHLY MEETING (March 16, 2004 cont.)

 

of the road. The Supervisors will confront a MAT lawyer tomorrow at Short Courses about the issue.

 

Colleen stated that she has not as yet completed the Snowplow Policy and Ordinance Draft Copy.  She also questioned pursuing the HAVA Grant, as we need to show we have no money for improvements. 

 

Colleen asked for the adoption of the Planning Commission Operational Guidelines she had draw up with the help of MAT Attorney, John Dooley.  Dave Garner stated he had a problem with item three of the guideline wanting to remove the wording “the approval of the Township Chair is required before each instance.” 

 

Bob made a motion, seconded by Dave McKeag to accept the Planning Commission Operational Guideline as written.  Dave McKeag – eye, Bob Benson – eye, Dave Garner – nay.  Motion carried.

 

Dave Garner made a motion to reduce the donation to the Randolph Historical Society to $400.00 as requested by the Historical Society.  The motion died for lack of a second.  Bob made a motion to make a donation of $500.00 for this year only.  Dave McKeag seconded the motion.  Motion carried.

 

Dave McKeag made a motion, seconded by Dave Garner to give a donation of $200.00 to Cannon Pet Adoption.  Motion carried.

 

A new flag and pole for the town hall was discussed.  It was decided to contact Dick Daniels with the possibility of getting a flag from the Cannon Falls V.F.W.

 

Dave Garner made a motion, seconded by David McKeag to pay 37.5 cents mileage reimbursement.  Motion carried.

 

It was decided to fill out the questionnaire received from Goodhue County Land Use Office after the Special Meeting scheduled for March 30, 2004.

 

Bob made a motion to appoint Dave McKeag as Township Chair.  Dave McKeag stated that due to health issues he would decline and made a motion for Bob to continue as Board Chair for one more year.  Dave Garner seconded the motion.  Motion carried.

 

Dave Garner brought the issue of a new computer for the Clerk’s office before the Board, stating it is beyond its life and recommended replacing the computer.  Bob made a motion to buy a base unit for the office of the Clerk.  Dave McKeag seconded the motion.  Motion carried.

 

Mail was distributed

Bob made a motion, seconded by Dave McKeag to pay claims.  Motion carried.

Bob made a motion, seconded by Dave McKeag to adjourn.  Carried.