REGULAR MONTHLY MEETING (April 20, 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 March 16, 2004 Regular Board Meeting.  Bob made a motion to approve the minutes as read.  Dave McKeag seconded the motion.  Motion carried.  Colleen read the minutes of the Special Board Meeting dated March 29, 2004.  Dave McKeag made a motion, seconded by Dave Garner to approve the minutes as read.  Motion carried.  Colleen then read the minutes of the Emergency Board Meeting dated April 1, 2004.  Dave McKeag made a motion, seconded by Dave Garner to approve the minutes as read.  Motion carried.

 

Ken gave the Treasurer Report.  Investments stayed the same with three CD’s in the building fund totaling $160,573.57.  Two CD’s totaling $122,340.18 are placed in the Road and Bridge Fund.  Investments total $282,913.75.  Current totals are $87,339.39 in the General Fund, $43,947.72 in the Road and Bridge Fund, $20,000.00 in the Fire Fund and $2,244.11 in the Building Fund.  Our current balance totals $153,558.11.  Dave Garner made a motion, seconded by Dave McKeag to accept the report as read.  Motion carried.

 

Aaron Britz, 1251 Sciota Trail, Randolph MN appeared with Julie Otte from Otte Log Homes to request a building permit in Section 22 for new construction of a home on twenty acres.  Mr. Britz presented a survey and site plan.  Dave Garner stated to Mr. Britz that the twenty acres used for this building site cannot be used again for another building site and asked Mr. Britz if he understood.  Mr. Britz stated he did.  Dave Garner made a motion with the stipulation of the twenty acres in this building site not be used for any other building site and that the information is sent on to the County and also the home be built per site plan.  David McKeag seconded the motion.  Motion carried.  (this statement of stipulations was included on the original building permit by the Clerk)

 

David Lorentz, 18119 310th Street Way, Red Wing, MN 55066 appeared before the Board to request a conditional use permit to re-open the current Spring Garden Nursery to sell plants, shrubs, trees and all other accessories for gardening and landscaping.  Mr. Lorentz is the owner of eleven acres that includes the buildings.  Nursery stock will be planted on site.  A Public Hearing was held by the Planning Commission on April 13, 2004.  There were no objections and only approval voiced at the Hearing.  Mr. Lorentz paid the Treasurer $150.00 for the Hearing.  Bob made a motion, seconded by Dave Garner to approve the Conditional Use for Mr. Lorentz.  Motion carried.

 

Carl Slifka, 31182 55th Avenue Way, Cannon Falls, MN 55009, Section 24, appeared before the Board to request a building permit for a new home on property he owns off from 55th Avenue Way.  Mr. Slifka had previously been granted a forty-five foot variance from the road right-of-way for the placement of this house. He has also received Town Board approval to start his driveway from the end of the “proposed” township road.  Dave McKeag expressed the need for Mr. Slifka to make a turn around area for the snowplow and emergency vehicles.  Mr. Slifka stated he was in agreement.

 

REGULAR MONTHLY MEETING (April 20, 2004 cont.)

 

Dave McKeag made a motion seconded by Bob to grant a building permit to Mr. Slifka for a new home.  Motion carried.

 

Jackie VanGuilder appeared before the Board for three separate building permits. 

1.      A spec home on lots 3-5 totaling 1.35 acres in the Wildwood Addition on Cherry Lane.  Set backs will be met in accordance with the existing neighborhood.  A blueprint and a site plan were presented.  Bob made a motion, seconded by Dave McKeag to grant a building permit.  Motion carried.

2.      A 32`x60` foot shed on property owned by Eileen Knutson in the Wildwood Addition.  A blue print and site plan were presented to the Board.  Setbacks will be met.  Dave Garner made a motion, seconded by Dave McKeag to grant a permit for a 32`x60` foot shed.  Motion carried.

3.      A 12`x12` foot screen porch over an existing deck on the same property stated in item two owned by Eileen Knutson.  Plans were presented.  Dave McKeag made a motion, seconded by Dave Garner to grant a permit.  Motion carried.

Jackie asked the Board to extend an existing building permit for the construction of a new home that was due to expire.  Dave Garner made a motion, seconded by Dave McKeag to extend the permit for a period of six months.  Motion carried.

 

Wayne and Sheila Groth, 33990 Highway 56 Boulevard, Dennison, MN, in Section 32 appeared before the Board to request a permit for a replacement shed.  The same stone walls will be used with the top 34`x80` roof section being rebuilt.  Dave McKeag made a motion, seconded by Dave Garner to grant a permit.  Motion carried.

 

Randall and Kelly Hoppe, 5947 Wildwood Road, Cannon Falls, MN 55009, appeared before the Board to request a building permit for a new home on a twenty acre parcel in Section 17.  A site plan and house plans and a letter from Samuelson Surveying Inc. were presented to the Board.  A larger parcel which includes this parcel had just been surveyed and presented to the Board.  Due to a heavy work load the surveyor has not completed the survey for the Hoppe’s.  Dave Garner made a motion recommending approval of the proposed lot for development and to grant a building permit.  The motion was seconded by Dave McKeag.  Motion carried.

 

Mark Holm, representing American Tower, 11600 96th Avenue North, Maple Grove, MN 55311 appeared before the Board to request a building permit for a 12`x20` building and also for co-location of equipment by Nextel on an existing tower owned by Great River Energy in Section 26.  The estimated cost of the building and equipment is $23,000.  Dave Garner noted that the ownership of the property the tower is located on is in litigation.  Dave went on to state that any permits issued by the Township are in keeping with Township Ordinance.  He also stated that the ownership of the property could change hands after any placement of equipment and recommended we have Tom Scott draw up documents releasing the Township from responsibility if that should occur. 

 

Joe Vandenheuvel, Stanton Township Planning Commission Chair, stated Dan and Mary Lundell should also be included in the agreement. He also stated building permits should be issued with the

understanding of Nextel, Great River Energy and American Tower that ownership may change and conditions should be stated.

REGULAR MONTHLY MEETING (April 20, 2004 cont.)

 

Mr. Holm stated the property has been awarded to Great River Energy (also dba Cooperative Power Association) by Order of the district court and that only 10% of these are ever overturned.

 

Dave Garner made a motion to issue a building permit with stipulations for construction of the 12`x20` building and the co-location of equipment on the current tower, not to take place until we receive a statement of waiver of Township/Town Board liability, the waiver to be drawn up by Township Attorney, Tom Scott and signed by Great River Energy, Nextel Communications, Inc., American Tower and a copy sent to Dan & Mary Lundell.  Dave McKeag seconded the motion.  Motion carried.  (Similar language was stated on the original building permit.)

 

Colleen returned the $150.00 check issued to the Township by American Tower to Mark Holm. The check was for payment of a Public Hearing for a conditional use permit.  The Board had determined that co-location of equipment on a tower did not warrant a conditional use and a Public Hearing was not needed.  Mr. Holm will send a corporate check in the amount of $56.50 for payment of the current permit that is needed.

 

Charles and Joyce Fox, 33820 Goodhue Avenue, Northfield, MN 55057, Section 31 appeared before the Board to request a building permit for a 26`x30` storage shed.  All setbacks will be met.  Bob made a motion, seconded by Dave Garner to grant a permit.  Motion carried.

 

Scott Kelly, 31961 40th Avenue, Cannon Falls, MN 55009, Section 22 appeared before the Board to request a building permit to rebuild and increase the height of a roofline on an existing 22`x22` shed and to add a lean-too.  Setbacks will be met.  Dave McKeag made a motion, seconded by Dave Garner to grant a building permit.  Motion carried.

 

Dennis Brekken, 5382 Spruce Lane, Cannon Falls, MN 55009 appeared before the Board to receive their opinion if an eighty acre parcel in Section 35 is currently build able.  The Board was in agreement that at this time it is a build able parcel.

 

Gary Spillman, 2705 Hwy. 19 Blvd., Cannon Falls, MN 55009 appeared before the Board with questions concerning a cattle walk in front of his heifer shed and also a cement feed bunk.  The Board was in agreement that no permit is needed for either project.

 

Steve Emery, 2050 330th Street, Dennison, MN 55018, Section 33 was on the agenda for a building permit request for a 25`x60` calf shed but did not appear.  No action was taken.

 

Corey Schmidt, President of C.C. Schmidt Engineering appeared before the Board with an Annexation Presentation.  He stated he was hired by Oak Ridge Development as Engineer of the project.  He stated that in order for the project to go forward, approval is needed by the Board and

also by the City of Cannon Falls. Mr. Schmidt will be making a presentation to the Cannon Falls Planning Commission on May 10, 2004 and to the Cannon Falls City Council in June. He stated he had done a similar presentation on February 2, 2004 at a Stanton Township Planning Commission Meeting.  Mr. Schmidt stated that the Township would be involved with the first phase of the project, annexation, and would also need a maintenance agreement with the City of Cannon Falls for 315th

REGULAR MONTHLY MEETING (April 20, 2004 cont.)

 

Street which would become a town-line road after annexation.  The requested annexation area is located adjacent to the western Cannon Falls City limits and within the designated future urban expansion area.  The proposed subdivision is planned for low density housing and consists of approximately 175 single family home sites utilizing city sewer and water.  Mr. Schmidt stated the type of annexation for this project is known as “annexation by ordinance”.  Annexation by Ordinance is petitioned by the property owners, and requires a majority of the property owners to concur with the petition.  The Township Board then has 90 days to agree or disagree to annexation. 

 

Bob Benson asked what impact the Peterson feed lot would have on the development.  Mr. Schmidt stated it would have none.

 

Dave Garner stated that he would like to hold a Public Hearing for citizens input and as a means of letting the public know about the annexation proposal.

 

Joe Vandenheuvel, Planning Commission Chair stated discussion was had at the Planning Commission presentation to instead of crossing the Little Cannon River, make the river the westerly boundary of property to be annexed. He stated that in talking with Dallas Larson, he also agreed the Little Cannon would make a good boundary. Joe stated the request for annexation can be modified and also that the City of Cannon Falls currently has five, soon to be six annexation proposals. 

 

Mr. Schmidt agreed that geographic boundaries sometimes make the best boundaries and highways are typically not the best boundary.

 

Rick Banks stated that the river as a boundary is a good idea and the developer is considering placing the property west of the bluff line into a conservation easement which includes the portion of property west of the Little Cannon River.

 

Dave Garner asked if 315th Street, the access road onto CR 24 also included in the annexation request.

 

Mr. Schmidt stated annexation would run down the center of 315th Street.  The Township would need to make a simple maintenance agreement with the City in which the City would take over all maintenance, improvements and reconstruction.  The agreement should take place during the preliminary plat process.

 

Loss of tax revenue was discussed.  Typically, an agreement between the City and Township would be needed stating the owner of the property makes payments of taxes payable for a certain number of years to the Township. It was stated Township income lost due to property taxes on this property would be minimal.

 

Dave Garner stated that as drawn, a lot of traffic will be utilizing 315th Street.

 

Mr. Schmidt stated that it is estimated that 80% of traffic would go east to CR 24 and continue to TH 52. It is estimated that only 20% of traffic would head south. The County Engineer  is  requiring,  that

REGULAR MONTHLY MEETING (April 20, 2004 cont.)

 

if the project should proceed, a right turn lane to be built along the south bound lane of CR 24.  315th Street would run thru the subdivision with three stubs.  He also stated there would be storm sewer with four treatment ponds. Rip-rap would be used in the swale for further settlement of silt materials prior to storm water runoff entering the Little Cannon River.

 

Rick Banks stated that the DNR liked the plans because no trees or bluff line will be disturbed. 

 

Mr. Schmidt stated they will utilize a city stub for sanitary sewer located at TH 52 and use a gravity fed lift station that would be located adjacent to 315th Street.   The Water main would loop around the subdivision along 315th and CR 24 and tie into the City water main located at the CR 24 and TH 52 intersection.  Hydrants are proposed to be located throughout the subdivision.  He stated there are zero impact environmental issues.

 

Dave Garner made a motion to hold a Special Board Meeting on May 17, 2004 to hold a Public Hearing on the request for annexation.  Bob seconded the motion.  Motion carried.

 

Tom Kurtz reported on road maintenance he has done since starting the job on April 1, 2004.  It was stated that several tires are in the ditch along 310th Street and will need to be picked up. The Board commended Tom on the job he has done with putting a crown on the gravel roads.

 

Colleen reported she did not have the road inspection report typed.

 

Bob stated he has not yet talked with Mr. Willingbring about the entrance road into Oak Leaf Estate.  The Board noted at the Board of Appeal a map Assessor Duane Walbridge had showing the portion of road abutting CR 24 that the Board believed to be private is included in the plat of Oak Leaf Estates.

 

Bob made a motion, seconded by Dave McKeag to accept the “Davis” road as inspected and to send forms that are needed to be signed by Ron & Sue Davis for the purpose of the Township taking over the road and being responsible for maintenance.

 

Gary Spillman stated he plans on constructing a field access this fall to come off from 40th Avenue and to be centered between Hwy. 19 and the 90 degree corner.  The Board agreed to the field access and stated a culvert is needed.

 

Larry Kuehn is building an access road off from Sciota Trail east of the Jim Pelkey property line.  Bob asked Colleen to contact Mr. Kuehn about placing a culvert under the road.

 

The Board reported on the Board of Appeal and Short Courses they attended in Owatonna.  It was stated we can consider 8th Avenue Way as a township road due to maintaining it for over six years.

 

Dave Garner made a motion for the Chairman of the Board to have plans drawn for a new town hall for the purpose of receiving bids to determining construction costs.  Dave McKeag seconded the motion.  Motion carried.

REGULAR MONTHLY MEETING (April 20, 2004 cont.)

 

Colleen asked the Board to clarify if Allard Moorhouse was in compliance with his conditional use

for the gravel pit located on his property along 310th Street.  The Board stated a letter needs to be sent

informing Mr. Moorhouse a fence is needed around the top of the pit.

 

Rock bids were opened by Colleen.  Two bids were received as follows:

 

Kielmeyer Construction, Incorporated, 86 Main Street, P.O. Box 158, Nerstrand, MN 55053

 

We will furnish, load, screen, crush and haul Crushed Rock anywhere in the Township for the following prices from the quarry listed below. All material will pass the ¾ inch screen and pass for Class 2 material as according to the State of Minnesota.

 

            QUARRY                    QUARRY PRICE per CU                   DELIVERED PRICE per CU

           

            Hernke                                        $6.00                                                       $8.45

 

Provisions: 

1.      Work to be completed by August 15, 2004

2.      Should we be awarded the Township Contract, we will haul to the Township Residence for $9.45 per cubic yard, including Minnesota Sales Tax.

 

Hernke’s Inc.

 

This is in response to the call for rock bids for 10,000 cubic yards more or less of ¾ inch minus crushed quarry rock with 8% to 10% binder to be delivered as follows:

 

1.         Price of rock delivered on township roads delivered no later than July 20, 2004.  Our bid is $8.25 per yard (this includes $.10 per yard for Goodhue County Aggregate Tax).

2.         Price of rock delivered to township residence.  Our bid is $8.25 per yard plus sales tax (this includes $.10 per yard for Goodhue County Aggregate Tax).

3.         Price of rock at the quarry pit.  Our bid is $5.60 per yard (this includes $.10 per yard for Goodhue County Aggregate Tax).

 

Both bids included a Certificate of Liability Insurance as per the bid request.

 

A motion was made by Dave Garner, seconded by Dave McKeag and carried to accept the low bid submitted by Hernke’s Inc.

 

Discussion was had about trying 1-inch rock on 330th Street due to excessive traffic by large trucks and farm equipment and placing 3/4-inch rock on all other roads.  The Board asked that gravel be hauled in May if possible.

 

Dave Garner made a motion to offer 150 feet of dust control available to township residents only who request it by returning the coupon in the paper and also to charge the exact cost for each addition 100

REGULAR MONTHLY MEETING (April 20, 2004 cont.)

 

foot accruements requested over the 150 feet offered free of charge.  Dave McKeag seconded the motion.  Motion carried.

 

Dave Garner made a motion, seconded by Dave McKeag and carried to use DustMaster Magnesium Chloride from Ferrellgas, at the cost quoted of $.68 cents per gallon delivered and applied.

 

Bob made a motion, seconded by Dave Garner to sign the agreement allowing Frontier Communications to replace buried telephone cable along 310th Street.  Motion carried.

 

Mail was distributed.

 

Dave Garner made a motion, seconded by Bob to sign the agreement allowing Frontier Communications to replace buried telephone cable along Oxford Mill Road.  Motion carried.

 

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

 

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