REGULAR TOWN BOARD METTING August 16, 2005

 

Note:  Meeting held at Phillippo Boy Scout Camp, 30654 32nd Avenue Way.

 

Board Chair, David Garner called the meeting to order.  Other members present included Supervisors Robert (Bob) Benson and Heather Sharp.  Also present were Treasurer, Kenneth Ebert and Clerk, Colleen Thompson.

 

The Pledge of Allegiance was recited.

 

Disclosures of interest were asked for.  All Supervisors stated having none.

 

Colleen read the minutes of the July 19, 2005 Town Board Meeting.  Heather made a motion, seconded by Bob to approve the minutes as read.  Motion carried.

 

Ken read the Treasurer’s Report.  Building Fund $162,449.21; Road and Bridge Fund $126,128.50; giving total investments of $288,577.71.  Receipts for the month totaled $62,560.18.  Disbursements for the month totaled $52,557.27.  We have an ending cash balance of $120,989.95.  Bob made a motion, seconded by Heather to approve the report as read.  Motion carried.

 

Frank and Patty Otto, 5919 325th Street, Cannon Falls, MN appeared before the Board to request a variance hearing.  The Otto’s have a corner lot and the Ordinance states they need a 60’ setback on both the front and side yard that fronts the street.  The Otto’s are requesting a 32` front yard (off 325th Street) and a 45` side yard variance (off 59th Avenue) to build a 25x30 garage.  Dave made a motion to grant a public hearing to address the request for two variances, front yard and side yard on Tuesday, September 13, 2005 at 7:30 p.m.  Heather seconded the motion.  Motion carried.

 

David McNamara, 29803 20th Avenue Way, Cannon Falls, MN. Lot 12 Block 3 of Lake Byllesby West Plat, appeared before the Board to request a zoning permit for a replacement building.  Mr. McNamara has purchased a 44x24 home to be moved onto his lot to replace his current mobile home.  Mr. McNamara will set the home on a full foundation.  All setbacks will be met.  Bob made a motion, seconded by Heather to grant a permit for a replacement home.  Motion carried.

 

Bruce Ohmann, 29657 23rd Avenue Way, Cannon Falls, MN in Section 16 appeared before the Board to request a zoning permit for new construction of a home 54x32 and also a 60x40x12` shed.  Estimated cost for the home is $150,000. and the shed is $25,000 for a total cost of $175,000.00.  Setbacks will be met.  Bob made a motion, seconded by Heather to grant a permit for new construction of a home and shed.  Motion carried.

 

Robert (Bob) and Ron Klahr did not appear.  It was stated that Robert (Bob) and Ron Klahr had appeared before the Planning Commission with a request to vacate portions of alleys and streets in the old plat of Cascade. Planning Commission Chair, Joe

 

REGULAR MONTHLY MEETING (August 16, 2005 cont.)

 

Vandenheuval stated the Klahr’s were in contact with him and asked for this to be tabled.  No action was taken.

 

Brent Louks, 33642 Hwy 56 Blvd., Dennison, MN appeared before the Board for informational purposes only to determine if he would pursue running a home based business from an existing 50x120x14 pole barn for possible retail of antiques, including the sale of Red Wing shoes, leather gloves, horse bridles and other farm based products.  He stated he would give the business a “general store” feeling. He proposed utilizing the southwest corner of his current shed for an approximate 28x48` retail area.  He stated he would use existing utilities and would provide a handicap accessible bathroom.  Mr. Louks checked with the County and was told he would need township approval.  The Ordinance does not allow retail business in an agriculture zone.  The Board discussed the possibility of allowing the use with a conditional use permit and set a time for 8:00 p.m. on September 13, 2005 for a public hearing.  Mark Dubbels stated the Ordinance does not address it under a conditional use.  It was determined no retail business is allowed in the Township of Stanton on an agriculturally zoned parcel.  The proposed public hearing was cancelled.

 

Steve Emery, 1634 330th Street, in Section 33 appeared before the Board to request a zoning permit to relocate an 80x40x23 shed on his farm.  Mr. Emery presented a site plan, showing all setbacks will be met.  Bob made a motion, seconded by Heather to grant a permit.  Motion carried.

 

Jim Baszuro just obtained a purchase agreement with Alan King, for Lot 3, in the Oxford Oaks Replat located off 59th Avenue.  Mr. Baszuro did not have the purchase agreement before the planning commission met on August 9th and to be able to proceed in a timely manner and to be able to begin construction this fall, Mr. Baszuro appeared before the Board to request a public hearing to address his request for a 10` front yard variance.  Mr. Baszuro stated the back of the lot contains approximately 30 to 40 feet of woods and the 10 feet would be beneficial to open up the backyard space wanting to avoid removing trees.  Dave made a motion, seconded by Bob to schedule a public hearing for 8:00 p.m. on September 13, 2005 to address the 10 foot front yard variance request made by Mr. Baszuro.  Motion carried.

 

Curt Rauvola, 1645 300th Street Way, Cannon Falls, MN appeared before the Board to ask for an amendment to the Ordinance to establish a shore land district overlay zone.

 

Dave asked him if his request was for only himself or for all shore land properties within the township.

 

Curt stated he did not know how restrictive it could be, stating possibly only requesting it for section 17 in the township for property he owns and possibly for property Loretta Lee owns.

 

REGULAR MONTHLY MEETING (August 16, 2005 cont.)

 

Dave asked if Curt’s request was to use County language.  He also stated a possible conflict of interest in Curt working with Dean Johnson of Resource Strategies since he was hired by the township to draw up a new land use plan.  Also in question was a conflict of interest in obtaining guidance from our lawyer Tom Scott. 

 

Curt asked the Board to table his request until he could consult with Joanne Wood and come before the Board with a formal request.

 

Mark Dubbels questioned how Mr. Rauvola could ask for a change to the Ordinance that would affect people and their property without their knowledge of the request.

 

It was explained to Mr. Dubbels that a public hearing would be held in which notice is put in the paper and also sent out to residents in the area affected. 

 

Joe asked if the County’s change of zone for the Lake Byllesby West Plat took place.  The Board stated that the County changed the zone to residential.

 

Mr. Rauvola stated the County is asking him for an easement for access to the 110 acres they own bordering the lake.  He stated he did not know what they intend to do with the property.

 

Todd Lewis of Indigo Environmental, Plymouth, MN appeared before the Board to give a report based on a fungal assessment he preformed on the town hall building located at 32912 8th Avenue Way, in Stanton.  Mr. Lewis stated the building has reached its life expectancy.  He presented photos showing the chimney’s poor condition, shingles in poor condition, water intrusion, fungal growth, wet soil conditions under the building, deterioration to sub flooring that also has fungal growth. He stated, when asked, that the foundation is a poured in place, trenched foundation.

 

Mr. Lewis stated the Board has three options as to what to do with the building.

 

·        Make repairs by raising the 65 year old building and removing contaminated surfaces.  All that would be salvageable is the support.

·        Use for storage of chairs, desks, hard non porous items.  He advised having limited presence within the building and to relocate township services.

·        Construction of a new building, demolishing the old.  He estimated the cost between $20 – $25,000.00.  Increased cost would be incurred due to the need to removal and dispose of asbestos containing materials.

 

Mr. Lewis stated his company could facilitate any of the above options or we could contract a facilitator or general contractor. 

 

Mark Dubbels stated that structurally the wood members, windows, doors, roof and heat plant is suspect, and the chimney is in disrepair.  Using his profession background, he

REGULAR MONTHLY MEETING (August 16, 2005 cont.)

 

stated that all we have to work with is a concrete foundation.  He also stated the building is not saleable; therefore new construction is our only choice.

 

Dave asked if we could put the information Mr. Lewis presented to us tonight on our website for people to review. 

 

Mr. Lewis stated he was O.K. with doing so.

 

Dave Lindeman, the Stanton Township representative to the Cannon Falls Hospital Board appeared before the Town Board to give an update.  He stated the hospital has announced an agreement with Mayo Health Service for partnership to do what is necessary for local access to good health care.  He stated the decision to partner with Mayo was a unanimous decision by the Hospital Board, Executive Management and employees.  Mayo’s proposal gives Cannon Falls the best change to maintain a clinic and a hospital with an emergency room.

 

Bob asked if Mayo will send doctors here.

 

Ken stated there are doctors from Fairview here now, are they being moved out.

 

Mr. Lindeman stated that Mayo would supply additional support.  He also stated there is no official relationship with Fairview.  He stated Mayo and Fairview would like to each work together and with others and expects to retain all.  Mr. Lindeman stated no special timeline and for now will use the current facility.

 

Joe asked if Mayo will help to build a new facility.

 

Mr. Lindeman stated that Mayor would provide specialists.

 

Paul asked what happens to the hospital district, asking if it will turn into a tax district.

 

Mr. Lindeman stated he was not sure.

 

The Board reviewed the two applications received for the advertised road maintenance position.  Colleen was asked to set up a meeting with Dan Millard.  It was determined that the other applicant did not have proper qualifications.

 

Colleen stated that Dick Daniels did the mowing of ditches and that she would see that the snowplow truck blade was taken care of. 

 

Colleen reported that Laura Freeburg had contacted her, asking if we had paperwork showing when the old township road which had run through property she is planning to build a new home on was abandoned.  Colleen directed her to County Records and/or the Goodhue County Abstract Office.

REGULAR MONTHLY MEETING (August 16, 2005 cont.)

 

Bob stated a township resident had stopped at his home Sunday morning to complain about dusty conditions on Sciota Trail. 

 

It was stated that that resident has the option to pay for chloride.

 

Dave reported that he had checked the road in front of Arlene Hernke’s residence and hand swept it of road salt.  He stated that the road in front of Andy Schmidgall did not have enough sand and salt to warrant sweeping.

 

Dave also reported on his attendance of the joint meeting with the Randolph Fire Department and township representatives.  He stated we can expect the fee for fire protection to double for all townships.  The increase would be phased in over three years with three year contracts.  The fire department will send a representative to our annual meeting to explain the increase.  It was stated they had relied on grants previously for new equipment.  Grants are no longer available and their gambling receipts are down ninety percent. 

 

Heather reported on her attendance at the Goodhue County planning commission meeting.  The commission recommended passing  the proposed change of zone of the Lake Byllesby West Plat to residential. Heather also reported the Goodhue County Planner, Nancy Spooner-Mueller would be leaving her position with the county and taking a position with the city of Winona.  It was thought that Lisa Hannie, zoning administrator, will fill the position.

 

Colleen stated that she had met with the County Recorder and also had talked with Jerry from the Goodhue County Abstract Office.  They looked into Stanton Township property lines and easement agreements with neighboring property owners.  Jerry stated he found five deeds with property easements.  He stated a problem with encroachment of our neighbor to the north.  He also stated that the township owned fee interest and that the township gave easements to neighbors.  If we want Jerry to look further and if we want documentation, there will be a monetary charge.  Colleen asked the Board if they wanted her to proceed.  Colleen was told to hold up.  Bob stated he would talk with Willard Emery about the possibility of purchasing a triangle of land adjacent to the property the salt shed sits on.

 

Colleen reported on new HAVA regulations which will need to be in place in time for the election of 2007.  We are being advised to change our annual township meeting from March to November as set-up costs to run our township elections will be extremely high. Townships are also being encouraged to combine polling places. Colleen will look into what is needed to change our annual meeting date.  Not having a usable town hall

building and the need to move our polling place which will requiring proper notice is

another concern.

 

Bob stated he will attend the Goodhue County Board of Adjustments meeting.  Rich

 

REGULAR MONTHLY MEETING (August 16, 2005 cont.)

 

Elias is on the agenda requesting to build on land with a CER rating above 60 in an A-2 District.

 

Colleen stated she had not found paperwork for Syngenta and because of the moldy condition of the paperwork stored at the town hall would not be looking any further.  Syngenta will need to be contacted stating they will need a public hearing for a conditional use permit. The Board agreed to wave the fee of $150.00. 

 

Ken reported that the latest CTAS program will be out soon.

 

Due to an upcoming medical procedure, Dave requested that Bob take over Supervisor duties until the time that he (Dave) will be able to return to his position in a full time manner.  Bob agreed.

 

The question was asked if having Planner, Dean Johnson work on the Burroak proposal was a conflict of interest. 

 

Mark Dubbels stated the Board should stand up and stop spending money on the Curt Ravoula issue.

 

The Board members all stated that no township money has been spent on this issue.

 

Dave Garner stated that if anyone comes before the Board with a proposal they have the right to be heard and as long as he was Chair all persons bringing proposals forward will be heard.

 

Heather stated that Mr. Johnson was hired by the township to bring the land use up to date and he has the expertise to facilitate language in our land use and Ordinance and that any time spent on reviewing the Burroak issue and if it fits or doesn’t fit our criteria would be paid for by Mr. Ravoula.

 

Dave made a motion seconded by Bob and carried acknowledging that Patty Passeri will go before County asking for a change of zone on her property within Stanton Township from urban fringe to residential.  Colleen signed the needed paperwork.

 

Bob made a motion, seconded by Heather and carried to pay claims.

 

Bob made a motion, seconded by Dave and carried to distribute mail.

 

Bob made a motion, seconded by Heather to adjourn.  Carried.