REGULAR MONTHLY MEETING July 18, 2006

 

 

Board Chair, Bob Benson, called the meeting to order.  Others present included Supervisor Joyce Moorhouse, Supervisor Dave Garner, Clerk Betts Top and Treasurer Kenneth Ebert.

 

Meeting was called to order at 7:00 P.M.

 

Pledge of Allegiance was recited.

 

Bob called to reveal any conflict of interest.

 

None was heard.

 

Minutes of the 6-20-06 Regular Board Meeting were reviewed.

Dave said on page 13, the word “polls” should be changed to “area”.

Clerk noted changes.

 

Joyce made a motion to approve the 6-20-06 minutes with corrections.

Dave seconded the motion

Motion passed 3/0

 

Minutes of the 6-27-06 Special Meeting were reviewed.

Dave made a motion to approve the 6-27-06 minutes

Joyce seconded the motion

Motion passed 3/0

 

 

Minutes of the 7-5-06 Special Meeting were reviewed.

Dave requested that “Also present” persons should be removed from pages 1 and 4.

Clerk noted changes.

Item 3 on page 7, change to read:

Board accepted changes to insulation around perimeter on vertical surface add to 2 “, horizontal, underneath the slab, reduce from 4” to 2”.

 

Joyce made a motion to approve the 7-5-06 minutes with corrections.

Dave seconded the motion

Motion passed 3/0

 

Treasurer’s Report

 

Ken gave treasurer’s report

Current Investments

Building Fund               $105,398.92

Road and Bridge Fund $ 67,474.47

 

Total Investments $ 172,873.39

 

Receipts $ 65,796.45

Disbursements $ 55,350.23

 

Dave made a motion to accept the treasurer’s report

Bob seconded the motion

Motion passed 3/0

 

Building Permits

 

1. Michael Holegate of 30126 4th Avenue Way, Cannon Falls came forward.

He wanted a permit for a garage. 28 x 34 feet.  Cost $5,000. 

Mr. Holegate presented a copy of his property and where the garage would be.

Dave advised him that the county will want 100 foot setbacks.

Mr. Holgate said he could adjust his plans to be within the limits.

Bob gave Mr. Holegate a permit to fill in.

 

2. Wendy Carroll, 32740 Stanton Trail, Cannon Falls, MN came forward.

Ms. Carroll explained the history of her business, how it was a home business that grew and now she needed a conditional use permit. She has had the business for about 15 years working out of her home. Her bank had also told her she is financially able to move.  Her biggest thing is she needs time to find a place, but she is looking to relocate it. 

 

Dave said the business was started as a home occupation business, which was perfectly legal.  But it no longer conforms to the standards we have in our ordinance, which makes it non-conforming.  What we can do is come to an agreement, which could say within 1 year she would relocate her business.  She would be nonconforming during this time but he thought it would be only fair to give her that amount of time to find another location.

We would like to accommodate her.  At the end of a year she would have to agree to be relocated at that time or close her business.

 

Joyce asked if this was her busy season now.

 

Ms. Carroll said it was busy now.  Between August and October, or February and March would be the opportune time to move.  She wanted the board to know she was working hard to find another place.  If within 1 year she had bought the land, could she still come to the board and they would allow her more time to build or whatever.  If she didn’t make the 1-year she wanted to know if the board would work with her until she got it done.

 

Joyce asked would nine months or April 1, 2007 would work.  Could we say by then you would have gotten a lot or something.  Then come back at that time and say you needed to extend this until my building is up.

 

Ms. Carroll felt she couldn’t get a building built during the winter.  She might find the property, and get the plans done, but getting the footings in and such would not get done in the winter.  She doesn’t want to move very far from where she is.  She has good employees and doesn’t want to lose them. 

 

Joyce asked if she had thought of renting in the meantime.

 

Ms. Carroll that would entail her moving thousands of little items, and then to move again would be hard. She had called the county to get the definition of a variance and a conditional use permit.  She said she didn’t know if the county wouldn’t give her one.

 

Dave said a conditional use is letting you do something that is in our zoning, but that we put conditions on it.  If it’s not allowed, it’s not allowed. We can’t give a conditional use permit if it’s not allowed.  We can’t give a conditional use for something that’s non-conforming. We could go to August 1 of 2007, and give you a whole year.

 

Joyce said she would like to give her 9 months to find a place to build and then go from there.  She just didn’t want Ms. Carroll to come back in August and say she hadn’t even

found a lot.  If it’s a building you’re building then you will get a permit and then have time to finish it. 

 

Dave mentioned she was non-conforming and if she wanted to be conforming she would have to get back to 1 employee.  He asked Ms. Carroll if she could be moved in a year more or less.

 

Joyce said it has been non-conforming for some time. 

 

Ms. Carroll asked if Goodhue County gives me a conditional use permit am I OK then. 

 

Dave said without the townships approval she probably wouldn’t get it.

 

Joyce asked how many acres she had.

 

Ms. Carroll said she had 10, but owns more land around her, 20 acres on one side and another 20 acres in a partnership. 

 

Dave asked if she would agree to such an agreement.

 

Ms. Carroll said well, yes, but she would need to know if she signed it for a year and then came to the board and said she had the land but needed more time to put up the building would the board give it to her.  That’s what she wanted to know.

 

Dave felt if we didn’t give her a hard deadline she might just keep pushing it off and off.  Because we had done this before and it has happened.  He said if you get your land and come back in 6 months and show us your building plans, then August 2007 you would have to be done. If you want a moveable deadline then we need to have steps along the way.  We can’t give you a year and then have you come back and say you are still looking and need another year.  We can’t do that.

 

Joyce reiterated she would like to give Ms. Carroll until April 1, 2007 to find a location and once she’s found a location then she could come in with her building plans and get a building permit and then start building.  There is a time limit with the permit, and then within that time you would get your building built.  1 year to complete that building would be about it. 

 

Bob said he felt we should give her 9 months to get some land and then present building plans and give her a 6-month extension. 

 

Dave asked if she weren’t done by then what would we do.

 

Joyce answered she would have to stop operations. That would be 15 months.

You should certainly have your building up by October (2007).

          

Dave told Ms. Carroll that you need to have your building permit by April 1st, if you don’t that would mean you have to stop your business.  That’s what we’re talking about.

 

Joyce asked Ms. Carroll if she would agree to that.

 

Dave added that we have to get this all in writing.  He suggested our lawyer look at it.

 

Joyce asked Ms. Carroll if she was agreeable to that.

 

Ms. Carroll said right, and are we going to do 9 months to sign it or what.

 

Dave said we are giving dates now.

 

Joyce added April 1st.

 

Dave said April 1st to have a purchase agreement, and a viable building permit to the township, and then 6 months to get the building and be moved.  He continued and said we would get this to our attorney, then next month we’ll sign it.  We will give you a copy if you want your attorney to look at it.

 

Ms. Carroll said she had to go to the county and needed to take something.

 

Joyce said Betts could send a copy of the unapproved minutes to Ms. Carroll. 

 

Dave made a motion that the clerk would put the requirements into an email to Tom Scott and have him draw up an agreement between Wendy Carroll and the Township stating the facts.

 

Joyce seconded the motion

Motion passed 3/0

 

Dave said when we get it back from Tom, Wendy should get a copy of it so she can take it to her lawyer.

 

Bob agreed.

 

Dave continued saying that next month it can be approved and we can sign it.

 

 

Mr. Holegate came forward with his completed building permit.

 

Dave asked how much the building would cost.

 

Mr. Holegate answered $10,000.

 

Dave made a motion to grant Mr. Holegate a building permit for his garage.

Joyce seconded it

Motion passed 3/0

 

Clerk Report

 

Betts reported that the new voting machine, the AutoMark, for people with disabilities had been picked up and she had made arrangements with Cannon Falls Township to share facilities to do training with the public.  Goodhue county had contacted her recently and announced that due to the cost of having a demo card put in each machine, $100.00, they would do the training now over in Red Wing.  The second thing was her judges.  She had all her election judges except for 1, she had 8 but wanted 9.  She needed a motion from the board for her judges to be approved. 

 

Joyce asked John Miller, in the audience, if he would be interested in being an election judge.

 

Betts asked John if he would be a judge.

 

John said he had done it before and would be a judge. When was the training.

 

Betts answered the 17th of August, about 2 ½ hours, maybe 6:30 PM to 9:00 PM

Betts thanked John.

 

John Miller was added to the list.

 

Joyce made a motion to approve the election judges: Phyllis Emery, Marilyn Hines, Betty Pelkey, Ken Ebert, Evelyn Sulzman, Susan Carlson, Joyce Moorhouse, Elizabeth Top and John Miller.

 

Dave seconded the motion

Motion passed 3/0

 

Betts said the Planning Commission wanted an updated copy of the Goodhue County Zoning Ordinance.  She downloaded the .pdf file, which was 176 pages, and then she decided to see if she could get a hard copy and the county said they would mail her one for $15.00.  She didn’t mind printing one off but felt it would be cheaper to have one sent to her. 

 

Dave agreed it couldn’t be printed for $15.00

 

Betts asked if she had permission to spend $15.00 for 1 copy of the Goodhue ordinance.

 

Dave made a motion to purchase a copy of the Goodhue County Ordinance for the Planning Commission access. 

Bob seconded the motion

Motion passed 3/0

 

Road Report

Tom and Dan were not present.

 

Dave said he had a couple of things. Joe Vandenheuval had complained about a corner by his house.  He had put dirt in the hole and would wait until it settled so that a cold patch could be put on it. 

 

Betts said someone had run into the stop sign at the end of Oxford Mill Road and Cty 24. She called Dan and he went out and fixed it. In regards to the Guard Rail project, she had tried to get the county to share in the expense but they said no it wasn’t in their budget.  Greg Issackson from the county did tell her to contact H & R Construction, the county does use them for guardrails. This was the same company who had given her a quote over the phone of approximately $5,000.00.  The man she talked to said he could come out and do an more accurate estimate.

 

Dave said we did not have to have 2 bids on the guardrails, but to have the company give us a written estimate first. 

 

Dave made a motion to spend the $5,000.00 or less to have the guardrails installed after we get a written estimate.

Joyce seconded the motion

Motion passed 3/0

 

Dave said he had noticed some of the paddleboards when you come up to bridges can’t be seen because the brush is over grown.  We need to cut that and the trees back to see the paddleboards.  He noticed the ones on 310th street going east, on the south side you can’t see the first paddle board.  The other one was as you go past Dave McKeag’s, that one is so overgrown you can’t see it at all either. It’s on 35th Avenue. 

 

Bob asked if there was any other Road Report information.

 

None was heard.

 

Old Business

Betts handed out copies of an email to the board supervisors that she received from the Planning Commission stating they unanimously recommended Paul Althoff to be approved by the Board as their 5th member.

 

Joyce stated that Kurt Ravoula also had shown interest in the position.

 

Bob said he had talked to Kevin Whitson and he said he would be interested.

 

Dave said he didn’t know Paul Althoff, he would not feel comfortable voting for someone he didn’t know.

 

Bob said he thought he should come in. We should contact them and have them come to our next meeting.

 

Paul Schluter spoke saying Vince Cockriel had shown interest also.

 

Betts asked if we should put it on the agenda for next month.

 

Bob said yes, contact Paul Althoff and ask him if he’s interested to be here. Also Vince Cockriel, Kevin Whitson, and Kurt Ravoula.

 

Dave added any one can come who is interested.

 

Betts said she would write the people mentioned.

 

Review Comprehensive Plan

 

Planning Commission unapproved minutes were reviewed from 7/11/06

 

Dave explained the map on page 8, Land Use, is an approximation of where people are living.  It basically is a map to show population.  Dave said he had a person come up to him and specifically ask him to have his land area changed from yellow to green, he owned 60 acres and farmed it, he wanted his section green like his neighbors. He does live on the 60 acres.

 

It was discussed that if you changed one, you would have to change everyone’s.

 

Joyce said figure 2 should remain “as is”. (Land Use Map)

 

Betts asked if we could call it “Land Use Overview”

 

Joyce said yes, lets call it “Land Use Overview”

 

Dave said top of page 8, Novartis Seed Co, needed to be changed to Syngenta Seed Inc.

 

Betts said it was on page 10 of her print off, under ‘Industrial/Research’ paragraph.  She also asked about the table, which listed “Vacant”.

 

Dave replied that the map had been changed. 

 

Betts said then Vacant will be removed from the Table and the figures will be recalculated.

 

On the Water Resources map Joanne Wood had asked if the white area up in the upper left hand corner was the Maltby property. 

 

Joyce said we would have to ask the county if this had changed, or what zoning it was.

Betts said she would call the county.

 

It was decided by the Board to leave the Goals (in Community Vision) as it was.

 

On page 18 the board discussed the paragraph “Establish minimum buildable areas…”

The board decided to leave in the word “minimum”.

 

The board decided to leave page 19 as it was.

 

It was decided to add “Research” to page 20 under  C. Agricultural Land Uses

Joyce pointed out that this section was Goodhue County definitions.  This part tells us we need to be compatible with the County.

Dave said we could add “Research” into ordinance later. 

The Board agreed.

 

Page 23 was reviewed.  It was decided to insert a paragraph in Transportation about Stanton Airport as it is a transportation business.

 

Page 24 – Implementation Plan

Item 5

Dave said he recalled having a discussion in depth with the planner about this item.  The planner had explained why it needed to be in there.

 

Joyce felt that we could make recommendations to the county about something, but if the county says no, then that’s it.

 

Dave said we have to remember we’re talking about the Comp Plan and not Zoning. 

The planner had a good reason for putting it there and we should leave it.  He convinced us once, why make him do it again. 

 

Dave said regarding annexation he felt the Comp Plan was not the place to have that.  He said the law was changed for now and only 120 acres could be taken in a 1-year period.

 

Joyce added State Statute dictates it.

 

Dave said we will have to give it (Comprehensive Plan) back to the Planning Commission with the changes and it will have to go back before the public.  The public should see the final draft.  If they (the Planning Commission) go through it and have no changes then it comes to the Board and we approve it.

 

Joyce asked how many changes are we going to go through.

 

Dave answered as many as it takes.

 

Joyce asked Betts to put out a list of the items that were decided upon tonight and have that list sent to her.

 

Dave made a motion to do the changes to the Comprehensive Plan, have a second Public Hearing at the August Planning Commission Meeting. 

Bob seconded the motion.

Motion passed 3/0

 

Betts noted that the public hearing would be August 8, 2006 at 8:00 PM

 

Town Hall – New Bid Process

 

Bob said the bonding is regulated by the State Legislature, a Performance Bond.  That is all we can accept. 

 

Discussion ensued regarding the exterior doors for the Town Hall.

 

Dave asked that the RQF booklet be passed out to the board members.

Betts passed them out.

 

Dave said he felt if companies paid $20.00 for the last set of plans then we should send them copies for free.

Betts said she agreed and had a list of who bought plans.

Dave said the RFQ will now be called the RFB, Request for Bid.

 

Starting on Page 1, we will change the dates of publish

 

Page 2

No Changes

 

Page 3

 

Bid Information

Change the dates for August 22, 2006.  Rest of information stays the same.

 

Bid Notice

Change dates to August 22, 2006. Rest of information stay the same

 

Only publish in the Beacon.

 

Page 4

Town Hall Completion

Change date to November 15, 2006

 

Work Location

Add: The address is 31186 40th Avenue, Cannon Falls, MN 55009

Leave in the “location is at the corner of ….”

 

Proposed Schedule

Change date to November 15, 2006.

 

Page 5

Detailed Work Plan

 

Change item 6

6. Well has been drilled.

 

Item 15 – remove because we are getting only Steel Siding.

 

Item 16 – remove because the windowsill is now on the plans

 

Page 6

Proposal Submittal

Change date to Aug 22, 2006

Add address and directions

 

Betts asked about a Bid Proposal Sheet for all the bidders. When she spoke to the architect they said they give them out.

 

Dave said if the architect gives them out fine, but he didn’t want to have to make one up.

 

Bob made a note to ask the architect for a Bid Proposal Sheet when he next saw him.

 

Betts gave a copy of the legal notice to bid to the board members.

 

Dave asked Betts if she had a master copy of the RFQ. 

 

Betts  said she had a copy but didn’t know if it was a master.  She would prefer that Dave do the corrections on the new one.

 

Dave said he would, and send her a copy of the new one in the morning.

 

Dave made a motion we advertise for bids in the Cannon Falls Beacon newspaper, to be published next Tuesday (7/25/06)

Joyce seconded the motion

Motion passed 3/0

 

Dave said when the ad is out we should contact all the bidders we had last time.

 

New Business

  1. Meetings Attended

Dave said he went to 1 day of short courses in Rochester.  Liability, Planning of Future of Townships.  He did get his 4 year certificate for Board of Appeals and Equalization training. 

 

Joyce said she went to the Summer Short Course in Rochester.  She attended Liability, Planning for the Future of Townships, Board of Appeals and Equalization, and the PERA meeting.

June 21, she also attended the Hwy 52 meeting in Cannon Falls. 

 

Bob said he had attended the Summer Short course in Rochester.  He took the Liability class and he learned about annexation. 

 

Betts said she went to the Summer Short course in Rochester.  Her whole day was spent at election training.  She met many people and learned a lot from the more open and relaxed environment than at the Minnesota Election training. 

 

Upcoming Meetings

 

Betts said she is going to training in Red Wing on the 26th of July for the AutoMark and Election Judge training.  Ken is also going to the AutoMark and Judge training.

 

Bill Nelson came forward.  He said the county hadn’t received the signed paper work from the April discussion we had. They said they haven’t received anything from you. He needed to have something signed.

 

Dave asked what the request was for.

 

Bill said it was from the meeting in April.

 

Dave said we didn’t approve anything did we.

 

Bill said you said you turned it over to the county.

 

Dave asked what are you requesting now then.

 

Bill said something saying you turned it over to the county.

 

Joyce said are you asking for a building permit.

 

Bill said whatever has to be done.

 

Joyce asked what are you planning on doing.

 

Bill said for my two buildings there.

 

Joyce said… and you’re moving them.  Do you have a site plan where you’re moving them to.  Can you come to a Planning Commission meeting and show them your site plan. 

 

Dave asked are you saying you want a building permit now.

 

Bill said yes

 

Dave said then you have to go through the whole building permit process.  We didn’t abdicate that to the county. The only thing we took to the county was the clean up stuff.  We still have jurisdiction over the building permits.

 

Bill said he had specifically asked about the buildings.

 

Dave replied the buildings are illegal right now and have been illegal since they were moved in.  You never had a permit to move them in.

 

Bill said that’s what he was trying to get ironed out.

 

Joyce said if you are going to put the buildings on foundations and move them you need to come in with a site plan so we know where they’re going to be to make sure the setbacks are met. 

 

Bill said the county has all that.

 

Joyce continued saying you need to get that to the township, so you get a sheet of paper which shows what the cost is going to be, to move them and site them, and show the size of the buildings and that you’re meeting all the setbacks.  Then you can pay the cost which is probably $50.00

 

Bill replied that’s all done.

 

Joyce said you need to have that plan with you when you request the permit from us.

 

Bill said OK.  He’d bring that paper work to the county then.

 

Joyce said you bring it to the Planning Commission and their next meeting is August 8th and ask for the permit.  Then it will be on the record and then it will come before us the following week.  If you’ve met all the setbacks you should be able to site your buildings.

 

Bill said thanks and then left the meeting.

 

Dave made a motion to distribute the mail

Joyce seconded the motion

Motion passed 3/0

 

Betts said she had received a letter from Dean K. Johnson, she had copies.

Betts distributed the copies and asked for a short break.

Bob said yes she could.

The board read the correspondence from Mr. Johnson.

 

Dave made a motion that we amend the letter from Mr. Dean K. Johnson into the official minutes of this meeting.  He continued and said he would amend to put a clerks note on May 16th minutes referring to these minutes.  We would put a Clerks Note right after Joyce’s response. 

Bob seconded the motion.

Motion passed 2/0

Joyce abstained.

 

Betts continued with the mail.  She asked where she should put the demographics information from the State.

 

Dave said just to file it.

 

Dave made a motion to pay claims

Joyce seconded it.

Motion passed 3/0

 

Ken stated we had $3, 425.75 in claims tonight.  Ken stated that it was noisy in the building tonight and was hard to hear what was being said.

 

Claims were signed by the chairman and the clerk.

 

Bob made a motion to adjourn

Dave seconded it

Motion passed 3/0

 

Meeting was adjourned at 10:35 PM.

----------------------------------------------------------------------------------------------------------------

Dean K. Johnson

32875 Stanton Trail

Cannon Falls, MN 55009

 

July 10, 2006

 

To: Clerk, Stanton Township

 

     I write to respond to accusations made against me by Supervisor Joyce Moorhouse during the May 16, 2006 meeting of the Board of Supervisors.  Those accusations are recorded at page 14 of the minutes of that meeting.  Please see the minutes of the June 20 meeting for an agreement by the Board that this letter may be joined with the May 16 minutes to be a part of the permanent record of township proceedings.

 

     In summary, Joyce’s accusations were that, during work on a revision of the township zoning ordinance, I had met privately with the township’s consultant to advocate an ordinance provision which would benefit me personally.

 

     I did travel to Eden Prairie to meet alone with the consultant at his offices.  It was not a “private” meeting in the sense of the accusation; the meeting was approved by the other members of the Planning Commission and the Board approved implicitly when it paid me for my time spent on the meeting.

 

     I did walk out on a meeting with the consultant, in exasperation over his failure to include in the ordinance draft a provision which had been discussed with him, first, by the Commission members and, then, by me at our meeting.  That occurred during a public meeting of the

Planning Commission.  By action of the Planning Commission, the provision which the

consultant failed to include in his draft did become a part of the final draft and was adopted by

the Board of Supervisors who were then in office; the provision now appears at page 7 of the ordinance, as the second sentence of the Density definition.

 

Signed,

Dean K. Johnson