SPECIAL TOWN BOARD MEETING (April 4, 2006)

 

Robert (Bob) Benson called the meeting to order.  Others present included Supervisors Joyce Moorhouse and David Garner, and clerk Betts Top.

 

The Pledge of Allegiance was recited. 

 

Bob Benson stated the reasons for having the special meeting.

 

Reasons for Special Meeting:

  1. Township Hall
  2. 2006 Comprehensive Plan - Working Draft

 

Item 1 on Agenda: Township Hall

 

Bob Benson stated a 200 ‘ by 600 ‘ area was surveyed. This measured to be just shy of 3 acres.  Bob then showed a drawing of the land being surveyed.

Bob explained the layout of the drawing including the direction of north, 310th st and 40th Ave. He explained by extending 40th Street 200 feet we would not need a variance for footage.  Bob stated he does not have the survey back yet but it is surveyed out. 

 

Joyce asked if we did not have to abide by the 100 foot setbacks.

 

Dave stated we could ask for a variance. 

 

Mr. Joe Vandenheuvel  asked what the dimensions were of the lot and showed concern about meeting the requirements of the setbacks.  Joe stated that the 100 foot rule that the county has, a hundred feet from the line either way, is applied to areas in the urban fringe. 

 

Joyce stated the land was located in the A2 zone and the rule is still 100 feet.

 

Joe asked what the dimensions of the lot were.

 

Bob said it was 200 feet deep and 600 long. Bob said he asked the surveyor to survey at 250 feet, which would give us 50 feet for the building with 100 feet on each side.  

 

Joyce asked if it could still be changed.

 

Bob replied yes.

 

Dave suggested putting the building right in the middle of the lot.

 

Bob said you would have to and then use the 100 foot variance for your septic.

This would then put your driveway up higher. 

 

Joe asked did the county change the cutbacks on everything or just rural residential?

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Bill Callister is the other landowner bordering on the land.

 

Joe asked if A2 wasn’t still 60 feet?

 

Bob said the side yards would be only about 60 feet.

 

Joyce said she thought having the lot be 250 feet would be better.

 

Dave then read from the current ordinance from Goodhue County: “The side, every building should have 2 side guards, each side guard shall have a minimum with of 100 feet.  Rear have a minimum of depth of 100 feet. 

 

Joe said then it has changed.

 

Dave said that’s an A2.

 

Bob said it was 200 feet north to south and 600 feet east to west.

 

Joyce said she felt it should be changed to 250 feet north to south.

 

Bob said it had been surveyed but he could talk to Richard (Rick) about it.

 

Joyce suggested to keep the same footage we do 250 feet by 550 feet.

 

Dave said we still have to have 12,000 square feet.

 

Joe asked if he didn’t mean 120,000 square feet.  Dave agreed.

 

Bob said we will get that straightened out and get the survey done.

 

Dave asked Bob what do you want to sell?

 

Bob said 3 acres.  Bob said you would need 250 feet at least to give you your 100 feet on each side plus your building. 

 

Joyce asked if we needed to make that into a motion.

Joyce moved that the acreage be at least 250 feet north to south and then whatever adjustment has to be made for the measurements east to west.

 

Bob acknowledged the motion made.

 

Dave seconded the motion to extend it 250 feet and whatever adjustments have to be made on the other sides.

 

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Joe asked if the parcel had to be resurveyed now.

 

Bob stated that he would probably have to come out and take another measurement and that will have to be charged to the township, he wanted to go with 250 feet in the beginning.

Bob: Motion has been made and seconded, all in favor say aye.

Favor: 2 ayes

 

Dave stated that 40th Ave would be extended 250 feet to the north, or extend it to the property line. 

 

Bob agreed.

 

Dave asked where do you want the building located.

 

Bob said the septic would probably be on the north side of the property.

The parking lot would probably be on the south.

The well would also probably be on the south or south-east side.

Then any other buildings added would be able to be close to the well.

The building could be centered in the lot.

 

Mr. Mark Dubbles asked if there was going to be a shed there.

 

Bob stated there would.

 

Mark asked to access that building would the parking lot be used.

 

Bob stated yes.

 

Paul asked if the salt would be located out there.

 

Bob stated eventually.

 

Joyce asked if the entrance to the building could be to the south.

 

Bob explained where the doors and office would be to Joyce on a drawing he had.

 

Bob said we have to get someone in now to get an estimate to do the dirt.

 

Dave asked if we could break it down into different segments.

Have someone come in and put the road in, do that first.  Then after the road we get the site plan then the survey done for the septic and well.  Then do the stakeout.

 

Dave said he’d like to get the processing done with the county.

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Dave said under Section 3 Conditional Use “Any community building, church, cemetery, or memorial garden”…we’re a community building.  Therefore we have to get a conditional use permit. 

 

Joyce asked if we had to have a public hearing.

 

Dave said no we don’t, this is county.  Dave said we can’t go down to the county until we have the plans.

 

Joe asked if there was a copy of the plans.

 

Bob said he had some at home or could get some copies made.

 

Dave said he had the extras that Bob gave him.

 

Joyce stated that a public building needed to have construction plans from a licensed Minnesota architect to follow the current building codes required. 

 

Mark said that has been done.  PLANCO was the architect.

 

Bob stated that PLANCO was commercial.

 

Dave suggested taking our plans down to Red Wing.  He suggested we get a hold of Doug down there who does all the bidding.  He (Doug) will help us go through the steps that they had to go through our plans, get information. 

 

Joyce made a resolution to meet with Doug at the county

 

Dave said we have a site plan, we have the prints but what we need next is a package so we can go out and advertise for bids. 

 

Mark asked if Planco was an architectural firm that drew up the plans for winds, snow, whatever, took into consideration all the  wheelchair accessibility and door sizes?  So all Dave needs is to take the plans, a township building permit and a conditional use, and then provide that information to them with the revised site plans.  Once it goes to conditional use even at the same time he can walk it down to the health department and they can simultaneously tell him where the well and septic will lay out.

 

Dave stated that we will have to get someone out to do the perk test, and that we needed a motion on that because it will cost money.

 

Mark felt we should bring the health dept into the loop right away.

 

Dave agreed.

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Joyce asked if we could make a motion to the perk test done.

 

Dave said we need to make a motion because it going to cost money.  Dave said we also need a motion to have a conditional use because that is going to cost money.

 

Joyce made a motion to have a perk test done.

 

Bob stated that a motion has been made to have a perk test done for the septic system.

Bob seconded the motion.

Bob asked all in favor say “aye”

 

Motion carried.

 

Dave stated  he’ll make arrangements to have that done as we locate it, and get it done as soon as possible.

Dave made a motion we apply for a conditional use permit at the county level because it is a community building required an A-2.

 

Bob seconded the motion.

Bob stated a motion has been made and seconded for a conditional use permit for the new town hall.

 

All in favor say “aye”

 

Motion passed.

 

Bob asked is there anything else we have to come up on this right away?

 

Joyce made another motion: That the township pay for the resurvey.

 

Bob stated “the motion has been made to have the township pay for the resurvey to pay for the extra 50 feet”

 

Dave seconded the motion.

 

Bob asked “all in favor say aye”

 

Motion passed.

 

Dave said the conditional use would cost about 385 dollars, plus there’s going to be the building permit fee which we haven’t made a motion to pay that either.

 

Dave made a motion that we also pay for the building permit

 

Joyce seconded it.

 

Bob stated that a motion has been made and seconded to pay for the building permit also at the same time, all in favor say “aye”.

 

Motion carried.

 

Bob said if it was ok he would get an estimate on building the road

 

Dave said he was working on getting one.

 

Joyce suggested we get two.

 

Joe asked what plans we were submitting for the building permit…the ones that were on the board?

 

Bob stated yes.

 

Dave stated the only alteration was to use a vaulted ceiling in the meeting area.  Right now they are 8 foot side walls, with 100 people present it will be crowded on the vertical.  Vaulted ceilings would lessen the impact and allow for ceiling fans also.  We could use a standard truss and it would be easy to modify.

 

Mark asked if the vaulting was just in the meeting area, not in the office or bathroom.

 

Dave replied yes, just the meeting area.

 

Mark (?) asked if the plans need to be modified then.

 

Dave replied yes they do.

 

Bob then made a motion that we modify the plans for a vaulted ceiling in the meeting room only.

 

Joyce seconded the motion

 

Bob said motion made for a vaulted ceiling in the meeting room only also if there’s any extra cost that we take care of it at the same time.

 

Motion made and seconded.

 

All in favor say aye

 

Motion passed.

 

Bob said he would take care of the plan changes.

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Bob said he would call them tomorrow.

 

Dave said he would pick them up via the clerk.

 

Mark said he drives by there every day and he could pick them up.

 

Bob said it would be alright for Dave to get them from him (Mark).

 

Dave said our goal is to be in this place (new Town Hall) by this fall.

 

Joe asked what are the dimensions of the building.

 

Bob stated 40 x 48.

 

Bob asked any more questions on this town hall?

 

There were no more questions or concerns brought up.

 

 Item 2 on Agenda : Comprehensive Plan

 

 

Bob invited the Planning Commission to move to the front table.

(the 2006 Comprehensive Plan draft was opened for examination)

 

Paul stated that he had changes on pages 17, 18,  and 24

 

Page 1

 

Bob asked if anyone had anything they would like to change.

 

Joe stated there was one thing he wanted to emphasize, bringing this entire process into all into one beginning was to emphasize item B. under the community planning process and to keep in mind that was so overwhelmingly stated at that public meeting is what the desires of the people of Stanton Township are, he (Dean Johnson) spells that out pretty clear. 

Pages 2, 3, 4, 5, 6,  – accepted as is

 

Page 7

Mark asked  why only Randolph was mentioned in the Fire protection.

 

Bob stated that it should read Randolph and Cannon Falls

 

Dave stated that Cannon Falls Rural Fire Association should be added.

Mark stated, in regards to the Stanton Township Hall “Indoor air quality” should replace the word “mold”.

 

Dave stated we should strike that whole part, based that it had nothing to do with the plan.

 

It was suggested to strike the whole sentence starting with “Until the township”.

 

Mark also suggested changing “facilities” to “facility”

 

Dave reminded the clerk that it was her responsibility to be the contact person about these changes. 

 

Betts stated she did not have a copy of the plan.

 

Mark said he would mark his copy and give it to Betts.

 

Joe stated there were recommendations in here but this wasn’t written by Mr. Johnson to be adopted as the comprehensive plan because the tables, and all that, mean absolutely nothing to the comprehensive plan. 

 

Page 8

(Regarding the map)

 

Joe asked about the white areas, the fact that they are shown as “vacant”.  What is vacant? 

 

Paul added he had a question mark on that too.

 

Page 9

The township, it should be noted, has what commitment to the Cannon Bike Trail?

 

Page 10 Accepted

 

Page 11 Accepted

 

Page 12

Joyce asked is the white lowland.  Maybe add to the key for the map.

 

Mark thinks the white is lowland also.  Needs clarification.

 

Page 13

More white, we need clarification on white on this page also.

 

Page 14 - Accepted

 

Page 15 - Accepted

 

Page 16

Joyce felt the word “Commercial” should be striked.

 

Joe felt it should be “family”.

 

Bob said Agriculture should be used.

 

Dave pointed out a second “commercial” to be striked out.

 

Mark noted 6 bullets, go down 6 and read “prohibit private recreational facilities” etc. could there be any control over how much traffic was on a public road?  Is it legal to have that in there?  The word “prohibit”…he asked if this was enforceable?  Mark asked the definition of what is a Recreational Facility

Ask Mr. Johnson if that one part is enforceable.

Ask Mr. Johnson to define Recreational Facility.

 

Joyce asked if we could use “restrict” instead of “prohibit”

 

Joe felt we needed to maintain the rural integrity.  Joe felt the statement said if something caused excessive traffic we could turn it down.  Joe stated that this only apply to township roads. 

Joe asked to refer to the first bullet. We have the right to be more restrictive, but not less restrictive than the county, can we refuse, for example, a person who has gotten permission to build a subdivision from the county, can we be more restrictive in that instance?

 

Dave stated it said : that if the county changes then we (Stanton) has to change.

 

Mark said how bout this: we want to limit residential dwellings to densities consistent or more restrictive than the Goodhue planning zoning ordinance.

Mark said he took out the word “with” and added in “or more restrictive than”

It was suggested to ask Mr. Johnson to bring a copy of the Statute, as that’s the ultimate authority.  Possibly the statute reads differently that what is in the comprehensive plan.

It’s a state statute that states township ordinances cannot be less restrictive than the county. 

 

Joe asked to go up two more bullets “Promote responsible land management practices of all agricultural activities.”  What’s that mean?

 

Joyce stated these are only goals.  Recommendations by the state.

 

 

 

 

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Page 17

Joyce stated Goals, erosion. Leave it as a “goal”

 

Mr. Krantz brought up the subject of putting a petition into the plan in this area.

 

Bob stated that the petition doesn’t mean a thing because it was brought up at the annual meeting.

 

Joyce stated that the petition stated something about conditional uses and variances and those are mandated by state statute…

 

Bob interjected that we have nothing we can do about it.

 

Joyce continued that when people have a piece of property the state statutes say they have a right to request a variance or conditional use.

Joyce concluded by saying we have to abide by state statute.

Joyce said when Dean Johnson comes you (Mr. Krantz) can bring that up and he will tell you.

 

The question was asked of the chairman from a member of the audience if it was possible for a person (other than board/commission member) to talk?

 

Bob replied “no, it’s not a public meeting.”

 

Joyce added it’s a Special Meeting, you can come here and listen, it’s open to the public.

 

Joe was asked to read the definition: “Conditional Town Meetings : Special Meetings are conducted in the same way as Annual Town Meetings.  The primary difference is that only those matters listed in the Notice of The Meeting can be discussed. 

 

Dave reiterated this was a Special Board Meeting

 

Joyce explained a Public Town Meeting is where anyone is allowed to voice their opinion.  She said the public can come and listen but they cannot participate.

A special town meeting can be called to conduct any lawful business with the township. 

 

Bob added that the word Public has to be in the type of meeting it is.

 

Dave said there was a difference between a town meeting and a board meeting.

 

Bob suggested we return to the Special Board Meeting.

 

 

 

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Page 18

 

Paul stated that under “commercial” he has questions about that.  I think we should change that to what we have under our present land use.  It says on page 19 “No specific area is designated for commercial and industrial development of Stanton…”

 

Joyce suggested putting a question mark there.

 

It was noted that the word “prohibit” would protect us from “allow” in above bulleted item.

 

Page 19

 

Joyce read “It is the Goal of Stanton Township to…”  statement about our goals

Parks and Recreational Policies…

 

Joe stated the only thing we have is the county parks down by the lake. What it’s saying is we will cooperate with them and coordinate the planning…which means we could be committed to finances for these parks.

 

Joyce said this refers to County Plans.

 

Joe stated that there are 2 or 3 proposals to put trails through.

 

Joyce stated that would be along the little Cannon River.

 

Joe stated he did not see any problem with the trails but he didn’t want to see any funding coming from the township.

 

Joyce stated it didn’t say anything about financing

 

3344Joe stated it said the “planning and the establishment”. When you establish something it means you’re actually spending money to put it in.

 

Joyce stated we need to ask him about this because it might be a state statute.

 

Mark suggested we just cross out planning and establishment out of those points.

 

Joyce brought the second bullet to attention.

 

Mark stated what it was saying was if anyone comes in with a development they have to give either cash or put up public lands in that development. 

 

Joyce stated we should ask dean about why that’s in there.

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Mark stated “ so prohibit the construction of new local roads”, so that’s the policy of Stanton Township?  If someone wants to build their own road and bring it up to certain standards.

Mark suggested circling the whole bullet and ask Dean to explain it.

 

Dave pointed out that the word “required” was ordinance language but this is not the ordinance.

 

Paul stated that the word was used back on page 18 and no one said anything about that.

 

Dave said let me make a general statement :any time it says “requires” or “prohibits” in this whole document it should not be there.   He also pointed out that this is not an enforceable document. 

 

Joyce stated this gives it the right to make it restrictive in the ordinance.  This backs up the ordinance.

 

Bob stated that indeed they do work together. 

 

Dave said what you need is an ordinance and that is what is important.

 

Joyce asked Mark to mark that area to be discussed with Dean also on page 19

 

Page 20

 

Joe said under Ag Uses it was a good recommendation to take out the Urban Fringe

It’s the 4th paragraph regarding Urban Fringe that’s different, we do not currently have that language.  It’s a recommendation by the Planning Commission that we adopt that language and include it in our ordinance and zoning which limits it to 12 homes per section.  We currently don’t have that.  We don’t have an urban fringe.  We have A1, A2 and residential.

 

 Paul stated that he’s just changing the name of it, it’s still the same.

 

Joe also stated that if we change our residential to their urban fringe it changes what we have for allowable building acreage.  Their language says 1 for 35 acres.

 

Joyce stated that this makes us more compatible with the county.

Joyce asked Rural Residential land use, is there any problem with that?  

 

Marked stated he didn’t take notes on that (previous section), what should he write?

 

Joyce informed Mark that we have to leave this as it is, it’s something we have to be compatible about.

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Last section on Page 20: Rural Residential Land Use

 

Joe stated we either have Rural Residential or Urban Fringe.  I interpret it as we have Urban Fringe. 

 

Joyce stated R1 is what the county is recognizing this as (viewing a map)

 

Joe stated so we don’t have any rural residential land use.

 

Joyce said no, we have urban fringe.

 

Joe stated we should delete that language.

 

Joyce stated we have to keep it in there to be compatible with the county

 

Joe stated the county has it, but we don’t have to have it(the language), we can be more restrictive.  If we don’t recognize it let’s cross it off. 

 

Joyce said let’s question that then.

 

Paul asked how do we handle those Oxford Hills and those ones that were replatted before .

 

Joe stated they were grand fathered in around 1966.  If you go to rural residential all you need to build is 20,000 square feet, which is a little less than half an acre.

 

Page 21 – Land Use Map …see above discussion

 

Page 22

 

Joe asked is this what we are accepting as our land use map?

 

Joyce said yes because we are then compatible with the county.

 

Mark said here is a current Stanton township one (producing a separate map) and one of the county here as well.  The county zoning map is different than the township zoning. 

 

Joe said well, it also states that “A commercial/industrial classification will, however, be identified as a separate zoning district in the Stanton Township zoning ordinance and zoning map.”  It doesn’t mention the airport or the funeral home,  Holden Seeds, or Sandstroms.

 

Paul noted some of those are coded in purple (page 8 map) other businesses were not mentioned like Spring Garden, and a tower.

 

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Page 23- Accepted

 

Page 24

 

Implementation Plan Points 1-9

 

Joyce read aloud page 24

 

Paul stated he had questions on points 4 and 5

 

Dave stated I don’t think we have to involve the county at all in this.  If we want to amend our ordinance, our land use plan, we can amend it

 

Joyce stated that we want him (Dean) to cover this page.

 

Mark stated that what 4 and 5 mean is that if we want something changed at the township level 4 and 5 are our vehicles to go back to the county. 

 

Bob stated is there any more discussion on this?

 

A discussion began regarding language on Page 9 involving Bike trails planned by the county. 

 

Joyce stated there had been a public hearing by the county

 

Joe said he never saw any notice of a public hearing on the topic by the county.

 

Dave suggested they call the county about it.

 

Paul said he could check into it because he is on the County Park Commission.

 

Joe stated that someone had to set up a meeting with Mr. Johnson to clarify some of this.

 

Dave stated he should contact the Clerk

 

Joyce stated they should have him attend a board meeting.  How soon?

 

Joe asked if a board meeting is open to public comment.

 

Joyce replied no

 

Dave said once we get this finalized…

 

SPECIAL TOWN BOARD MEETING (April 4, 2006 cont.)

 

Joe said then we get a public hearing.

Joe exampled: “so if I go to a board meeting and I’m in agreement or disagreement of something said I don’t have the right to stand up and ask questions?”

 

Dave stated that’s at the discretion of the chairman.

 

Joyce stated Mr. Chairman if you want to ask the planning commission if they have any comments or questions after he’s discussed what we have here then it would be appropriate for them to respond.

 

Bob stated the would be allowed because we are all in this together.

 

Dave added but not the general public. 

 

Joyce stated the public can come and hear but they are not allowed to join in the decision making.

 

Dave stated we are working through the draft and when the draft is done we will work through the ordinance as a committee and then we will have one possibly two public hearings where we’ll take input from the people.  Then we’ll take that back into the committee and update again, we’ll hold another public hearing so they can see what we updated, until we get to a point where there’s no more changes.  I perceive 2, 3, maybe even 4 public hearings. We’re not going to change anything and then vote it in without putting it out to the public.  But we have to get through the first stages of getting the draft done so we can have something to discuss.  Discussing drafts are not a public hearing situation.  It’s a committee situation.  

 

Dave moved we adjourn.

 

Joyce seconded it.

 

All in favor say “aye”

 

Passed.

 

Meeting adjourned at 1045 P.M (?)