Unapproved Document



REGULAR MONTHLY MEETING (September 16, 2003) 


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


The Pledge of Allegiance was recited.


Colleen read the minutes of the August 19, 2003 Town Board Meeting.  A motion was made by Dave Garner and seconded by Dave McKeag to approve the report as read.  Motion carried.


Ken gave the Treasurer Report.  Currently there is a total of $77,862.16 in checking and $72,402.15 in savings for a checking and savings total of $150,264.31.  Total amount in CD’s is $227,658.36.  Total assets are $377.922.67.  We had income of $63,122.58 and expenses of $7,001.06 for the month.  We received $672.96 for road and bridge from County for 324th Street.

Dave McKeag made a motion seconded by Dave Garner to approve the report as read.  Carried.


Steve and Jackie VanGuilder, 31100 County Road 25 Boulevard, Cannon Falls, in Section 35  have received a variance from County splitting a 5-acre parcel from a 20-acre parcel.  The building permit was moved from an adjacent parcel and assigned to this 20-acre parcel.  The permit is for a house approximately 1935 square feet and shed.  Estimated cost is $220,000.00.  All setbacks will be met.  Bob made a motion, seconded by Dave McKeag to grant a permit.  Motion carried.


Tony Nobach, 4898 Scout Ridge Way, Cannon Falls, in Section 14, would like to extend his current building permit and also to obtain a permit for a 30`x32` garage with an estimated cost of $12,000.00.  All setbacks will be met.  Dave Garner made a motion to extend the current permit and to grant a separate permit for a garage.  Dave McKeag seconded the motion.  Motion carried.


Tony mentioned a person that does landscaping is currently using the greenhouse on his property.  He will inform this person that a conditional use permit may need to be applied for.


Jay Halbert, 5546 Highway 19 Boulevard, Cannon Falls, appeared before the Board to request a variance to build a shed that exceeds the current ordinance by 800 square feet.  The shed will be 40 x 50 feet.  Setbacks will be met.  Dave Garner made a motion to grant a variance to build a shed that exceeds the current ordinance and also to grant a building permit for this shed.  Dave McKeag seconded the motion.  Motion carried.


Robert Beach, 5895 325th Street, Cannon Falls, Section 25 appeared before the Board to request a permit to build a 24x32 foot storage building.  The shed will be approximately 768 square feet and is estimated to cost $8,000.00.  All setbacks will be met.  Bob made a motion, seconded by Dave Garner to grant a permit.  Motion carried.


Ryan Rounds, 30149 59th Avenue Way, Cannon Falls, appeared with his mother, Marilyn Rounds and Attorney Gary Fridell.  Mr. Rounds is requesting a variance for a trailer home to be





moved onto his property as a second dwelling for his parents for medical purposes.  The current township ordinance does not allow a second dwelling on residentially zoned property. 


Mr. Fridell explained the format of his presentation addressing the issue of Mr. Round’s aging parents and their needs.  He presented form letters from four neighbors stating they were not opposed to a trailer home being placed on Mr. Round’s property.  He also presented a handout based on ordinance requirements for a variance request.  He stated the variance request was for a second dwelling on a 5-acre parcel to vary from one unit per 5-acres.  He stated the County level addresses the issue by conditional use and that they have approved the use contingent on the Township’s approval of a second dwelling. 


Dave Garner stated that a variance is permanent and non -conditional, it stands on its own.  He said he had a problem with all of these issues. 


Mr. Fridell read the definition of Variance in the ordinance (page 20, paragraph 4).  He went on to state there is a provision for a variance (page 14 of the ordinance) and that it may be approved with or without conditions.


Bob stated he wanted to address the issue of setting precedence, he also stated that conditions are not stated in a variance. He stated that residential zoning allows only one dwelling unit per 5-acres and that our ordinance allows a trailer house on a farm as a temporary dwelling for farm labor as a conditional use.


Ryan stated that he is requesting to allow a manufactured home.


Dave Garner stated a trailer house must have the hitch attached.


Mr. Fridell again stated that the request is to allow a second dwelling for medical purposes.


Dave Garner stated no second dwellings are allowed on residential property specifically any trailer houses.  Dave said he had a problem with giving a variance for a trailer as a second dwelling, if granted it would open up Pandora’s box.


Mr. Fridell stated they needed to meet seven criteria stated in the ordinance.  He stated that Mr. Rounds can meet all requirements except for one dwelling for 5-acres and use of a trailer house.


Joe Vandenheuvel, Planning Commission Chair stated this is not an easy decision to make.  The Planning Commission recommended to the Board to deny the request.  Joe asked why a 16x80 foot mobile home?  Why so big when using for medical reasons?  He stated that a variance for a second dwelling, that being a mobile home is not an acceptable use and is not allowed.  The Planning Commission is concerned about setting precedence.  He stated if no other alternative, to make the home he rents out (Ryan Round’s own home) handicap accessible.


REGULAR MONTHLY MEETING, (September 16, 2003 cont.)


Mr. Rounds disagreed.  He stated that his parents moving in with him was not an option.  He said the access is not proper, his bathroom would need to be made handicap accessible. His father smoked.  His parents living with him would disrupt his life and the trailer house would be the best way for him to take care of his parents.


Mr. Fridell agreed it is not the best solution to have the parents in the same house.  He stated Cannon Falls does not have public housing with income guidelines to fit the Round’s.


Mark Dubbels, Planning Commission Secretary suggested a one-story addition added to the current house as a solution. 


Mr. Rounds stated the expense and a resale nightmare were his concerns with an addition; he could resale the trailer home.


Mr. Dubbels stated that “mother-in- law” apartments actually enhance a homes market value.


Dave McKeag asked if the trailer is handicap accessible. 


Mr. Rounds stated that his father has had three heart attacks.  Building would take to much time.


Dave Garner stated that Ryan owns two parcels.  The question brought up was is the second parcel grandfathered as a buildable parcel.  He stated it is not an ideal spot and doesn’t want to set precedence.  He also stated that the resale on a mobile home is a mute point.  Mr. Garner stated he has a problem with changing our ordinance by allowing this variance.


Bob again stated there is nothing in the ordinance allowing trailer houses in a residential area.


Mark Dubbels quoted from the Township Ordinance (pg. 20 – working copy, pg. 21 – ordinance

Item 4, sub-set b.)  Use Variance.  No variance shall be granted to allow any type of land use that is not permitted under the Ordinance for property in the zone where the applicant’s land is located.  Mark asked about State requirements.  He asked if Mr. Rounds was going to sub-divide, asking for a split and a mobile home.


Mr. Garner made the following observations.  Modifying the current house will not work as it is located on a hill, an addition will not work.  The materials from Area Agency on Aging do not apply, as we are not denying access.


Mr. Fridell stated they address reasonable commendations for persons with disabilities and that Marilyn Rounds had obtained the material from this agency.


Mr. Garner stated allowing a second dwelling would be setting precedence for a second home.


Mr. Rounds stated the variance request states a second dwelling, a mobile home for medical reasons.  Ryan stated if not allowed he would have to eventually find temporary public housing.

REGULAR MONTHLY MEETING (September 16, 2003 cont.)


Marilyn Rounds stated that the County would not let them build a stick-built structure because of

not being able to meet County-zoning requirements.


Joe Vandenheuvel reminded the Board and the Rounds that to start changing conditions would involve more public hearings.


Bob Benson made a motion, to not set precedence in the future, the motion is to deny the variance request as presented to the Board.  Dave Garner seconded the motion.  Bob asked for any discussion. 


Discussion by Board.

  •  If passed we would violate our own ordinance.
  •  If passed it would change our own ordinance.
  •  This is not the way to go about it. 
  •  The ordinance needs to be changed by proper procedure.
  •  Against, we cannot modify ordinance this way.


Bob asked for any further discussion.  Being none, Bob declared the motion to deny is carried.


Joe Vandenheuvel stated that Cannon Falls has a very good program for handicapped persons; he suggested Ryan contact the Chamber of Commerce for information.


Adam gave a report of what he has done in the past month.  This included maintenance of equipment, replacing headlamps, changing oil, and grading roads.


The 90-day probationary period has passed and the Board expressed their approval of Adams work.  Bob made a motion to make Adam’s position permanent part-time, raising the pay to $16.00 per hour as per the original agreement.  Dave McKeag seconded the motion.  Carried.


Bob has not heard from Pine Bend Paving.  They were to send out a person to view the work done by their company on Oxford Mill Road.


Colleen reported that she had sent a letter to Ron Davis concerning the overlay on 59th.  He was given until October 1, 2003 to show proof of obtaining a contractor to finish the project.


A reapplication of chloride was requested by Dave McKeag to be applied on 330th Street.  Dave agreed to pay the total cost of the reapplication.


Curt Raavola was notified by Bob that the rocks and cement chunks dumped in the township road right of way need to be removed. They are currently a road hazard.  Curt will take care of the problem in one week.


It was reported that Allard Moorhouse has requested we remove the salt and sand pile from his property within two weeks.  Dave Garner will contact Holt Construction. 

REGULAR MONTHLY MEETING (September 16, 2003 cont.)


Colleen reported what weeds we are suppose to keep under control.  She handed out literature taken from the Goodhue County web site.  She stated we have been lax in the past and need to work on keeping these weeds under control.  We are required to report to the County each year as to work we have done in removing the weed problem from our ditches.


Bob asked Adam to bring a report of the route he takes when snowplowing.  We need to incorporate this into our snowplow policy.


The Planning Commission reported that Joanne Woods has requested a copy of our ordinance update containing proposed changes before the Public Hearing addressing these changes is held.


Bob reported that he had attended the County Board of Adjustment meeting on August 25, 2003 relating to variance requests by Steve VanGuilder and also a request by Brad Schiell to divide 30 acres into 3 separate building sites.  The VanGuilder request was approved; County turned down the Schiell project on a 5 to 4 vote because his plan was not for enough housing.


Colleen reported that she had attended the last of the scheduled Hazard Mitigation Meetings.  She reported that a rough draft has been printed and is being used as a working copy for changes.


It was noted that the Minnesota Association of Townships Annual Meeting would be held at the Duluth Convention Center, November 20 – 22.  The Board is to make their own reservations.


Dave Garner made a motion to hire Danewick-Poole Environmental, Inc. to do a pre-demolition asbestos inspection of the town hall building.  Bob seconded the motion.  Motion carried.


Ken reported that the 941’s corrections have been sent in.  He also reported that the hard drive on the lap top computer failed.  Dave Garner repaired the computer.


Mark Dubbels brought to the Board’s attention the properties of Allard Moorhouse and Gary Robinson along 310th Street. Both are advertised as 3+ acre lots. Mark stated that Allard’s parcel is unbuildable because it was included in 78.6-acre parcel of land used to create the parcel his home is built on.


Old business of orderly annexation with Cannon Falls and discussion of the proposed new equipment garage and town hall building were tabled due to not receiving requested materials in time for tonight’s meeting.


Colleen and the Supervisors went over questions in the application form for total insurance coverage in the PAL self-insurance program being offered by the M.A.T. insurance and Bond Trust. 


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

Mail was distributed.

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