Regular Meeting-November 14, 2017

Regular Meeting November 14, 2017 6:00pm Crow Wing Town Hall

Board Members Present: Chairman Greg Smith, Supervisor Dave Schultz, Supervisor Doug Kern, Treasurer Sue Kern, Clerk Duane Ruona.

Greg called the meeting to order at 6:00 PM and the pledge to the flag was recited.

There were no gopher bounties.

The final plat application 17-4537 for Oak Ridge South Second Addition was reviewed. A public hearing was held on November 13, 2017 and Brad Arnold was present to review the conditions of approval and the required documents. Tom Feierabend and Jim Kramer from Kramer, Leas, Deleo were present to answer questions about the plat.

The preliminary plat of Oak Ridge South, Second Addition was approved by the Township with the following conditions:

1. The current property owner (Paul Allen according to county records) shall authorize the subdivision application by signing the application form. a. Completed
2. Metes and Bounds Subdivision 17-4511 shall be filed at Crow Wing County before the final plat application is accepted. a. Completed
3. A report with the description of the soils on the site and soil test results demonstrating the adequacy of the property for proposed development in terms of ground water level, and percolation rate shall be submitted. The report shall include information for each of the seven lots. a. Completed
4. A stormwater management plan meeting the minimum requirements of the subdivision ordinance shall be approved by the planning commission. a. Completed
5. An "as-built" drawing for Lone Oak Circle shall be submitted. a. Completed
6. A 16' wide vegetative buffer shall remain in place surrounding the wetland. A conservation easement shall be created and filed for said area. Vegetation may not be removed from the 16' wide vegetative buffer. a. Completed
7. Before the final plat is approved, the property owner shall enter into a developer's agreement with the Township regarding construction and maintenance of the roadway. a. The document has been prepared and will be presented to the Town Board.
8. The ditches in and around the development that have been impacted by construction of the road shall be cleaned and repaired before the final plat signed by the Township. a. Completed
9. The preliminary plat drawing shall be revised to include new locations for SSTS and dwellings in accordance with the SSTS site evaluations. a. Completed
10. Anderson Brothers Construction shall submit a statement regarding the subgrade of the constructed roadway and warranty of their work. a. Completed
11. The final plat application shall not be approved until all conditions of the preliminary plat approval are fulfilled.

The Planning Commission recommended Board approval at their regular meeting on November 14, 2017 based on the following findings of fact:

1. Oak Ridge South is a proposed subdivision consisting of seven 2.5 acre lots.
2. The subject property is 18.41 acres and is located at the south end of Lone Oak Circle (no physical address).
3. The preliminary plat of Oak Ridge South was approved September 12, 2017 with eleven conditions of approval.
4. All conditions of the preliminary plat approval have been completed with the exception of condition number seven, "Before the final plat is approved, the property owner shall enter into a developer's agreement with the Township regarding construction and maintenance of the roadway." This item will be completed by the Town Board before final approval.
5. An independent plat review from Samuel J. DeLeo (LS 40341) dated October 12, 2017 has been submitted. According to the plat review, "This plat is found to be in compliance with Minnesota Statue 505, MSPS platting guidelines and the Crow Wing Township subdivision ordinance."
6. A title commitment dated October 3, 2017 (Nate Johnson, Atlas Abstract & Title, Inc.) has been submitted. The Township Attorney has provided an opinion of title and stating if the items associated with "Schedule A" listed below are received and confirmed, "the Title Commitment is sufficient for the Township to rely on to establish that the plat applicants are the fee owners of the land described in the proposed final plat."
a) The Notice;
b) The Commitment to Issue Policy;
c) The Commitment Conditions;
d) Schedule B;
e) Part I-Requirements;
f) Scheduled B;
g) Part II-Exceptions; and
h) A counter-signature by the Company or its issuing agent that may be in electronic format.
7. Signed/notarized covenants has been submitted.
8. A $30,000 letter of credit listing Crow Wing Township as the beneficiary has been submitted. The letter of credit may be utilized as outlined in the developer's agreement. It expires 10-11-2018.
9. A development contract has been prepared for the development and will be authorized before the final plat is recorded.

Dave had questions about the holding pond elevation and needed repairs to the neighboring properties and the damage on Stone Ridge. It was noted that the Township acceptance of the road is based on compliance with all the plat conditions. There was discussion about some of the wording in the development contract and Dan Hawley will make the necessary changes and forward to Jim Kramer for signatures.

Motion by Dave to accept the development agreement with changes, seconded by Doug. Motion passed.

Motion by Greg to accept the final plat application 17-4537 for Oak Ridge South Second Addition conditioned on execution of the development agreement, seconded by Dave. Motion passed.

Chad Jillson was present to discuss the violation on his property. The trailer house in violation is not occupied and is being used for temporary storage of building materials and has been moved off the neighbor's lot. Mr. Jillson was invited to attend the next Planning Commission meeting on December 11, 2017 to discuss the issue.

Resolution 2017-04: An Ordinance Amendment Regarding Contiguous Suitable Lot Size Parcels in the Rural Residential Land Use Classifications, Application 17-4543 was discussed. The change involves the amount of contiguous suitable area required for each lot size. A public hearing was conducted on November 13, 2017 and the resolution was recommended for approval by the Planning Commission. Motion to accept Resolution 2017-04 by Dave, seconded by Doug. Motion passed.

There was discussion with attorney Hawley about other current ordinance violations and the processes to be used when civil or criminal prosecution becomes necessary.

The Planning and Zoning Services Agreement with NJPA which expires on March 3, 2018 was reviewed. There has been discussion in the past about the hours billed for work completed being covered by permit fees collected and it was agreed that the current process is working well. The agreement will be reviewed when it becomes due. The Data Practices Act Request for a copy of the agreement was discussed. The Board agreed to the request and the clerk will send the current agreement to the individual.

Treasurer's report and claims were approved. The bill from Minnesota Employment & Economic Development was investigated and the township is liable for the amount.

Doug had a request from the purchaser of a cemetery lot that his signature be included on the deed. After discussion it was determined that Doug can add a signature line to the deed for the buyer if requested.

Dave presented the road report. Cars are parked in the ROW at 10356 Boulder Court, 10995 Greenwood Street, and 9068 110th Street. There are items in the road right-of-way at 6876 Wels Avenue as well as an accumulation of items in the yard and the clerk was directed to send a letter to the property owner. Tri City Paving has finished shouldering Cook Road and Wetherbee Road. Muskrats have caused damage to Cook Road near the public access. After discussion, Greg made a motion to have Tri City Paving patch the area on Cook Road damaged by muskrats. Dave seconded, motion passed. Dave will contact Tim Parker about trapping the nuisance muskrats and beaver. The total cost of the new township truck is $44,939.36 with running boards and undercoating. Greg made a motion to revise the purchase price of the Ram 3500 with snow plow and equipment from Nelson Auto Center not to exceed $45,000. Doug seconded, motion passed.
There was discussion about purchasing a shelter to be put up at Dave's house to park the new truck under. Dave found that the least expensive option is one that Menards currently has advertised for $899. Motion by Greg, second by Dave to purchase the Shelter Logic unit from Menards. Dave seconded, motion passed.

The shoulder work on 50th Avenue did not get completed by Dale's Excavating this year. Dave will get a price from Tri City Paving for the work. Tri City will finish the culvert work on 50th Avenue next spring.

MATIT has requested a property valuation update for the township buildings they insure. There have been no changes to the structures in the last five years so the clerk was instructed to return the Property Valuation Update Form to MATIT.

Doug made a motion to approve the minutes from October 24, 2017. Dave seconded, motion passed.

Meeting was adjourned at 9:05 PM.

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