Regular Meeting-August 15, 2018

Regular Meeting, Wednesday August 15, 2018 6:00 PM Crow Wing Town Hall

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

Benjamin Koss, 7510 Stone Ridge, was present to request putting in a second driveway on his property. He is building a shed and has a contractor that will get the metal culvert and install it. Greg made a motion to approve the driveway. Doug seconded, motion passed.

The question of rental of the township tractor with equipment was discussed. Fort Ripley Township had asked Dave if the township would do work for them. There was discussion about what type of equipment could be used with it along with Dave as the operator. It was decided to not set a rate at this time.

Brad brought up the public hearing for Rezoning Application 18-4589 to rezone a seven-acre tract from
Agricultural/Forestry to Rural Residential 2.5 that was held Monday night.
Property Owner/Applicant: Lawrence Ostrowski
Property Description: The subject property is located at 9671 Ostrowski Way. PIN 540161300DAA009

Purpose: The applicant is requesting to rezone the subject property from Agricultural Forestry (35-acre minimum lot size) to Rural Residential 2.5 (2.5-acre minimum lot size).

Background: The applicant is proposing to rezone a seven acre tract Agricultural/Forestry to Rural Residential 2.5. The subject property is located at 9671 Ostrowski Way and contains a single family dwelling, various accessory structures, private water well and a private sewer system (no current inspection). The subject property is adjacent to other Rural Residential 2.5 property (east), Agricultural/Forestry property (south & west) and Commercial 1 (northeast). The future land use map identifies the subject property as Neighborhood Residential

Staff Findings: The following are findings of fact for the request:

1. The subject property is located at 9671 Ostrowski Way (PIN 540161300DAA009) and is currently zoned Agricultural/Forestry.
2. The subject property is seven acres and contains a single family dwelling and multiple accessory structures.
3. The subject property is pre-existing. It does not meet the minimum lot size requirement of the Agricultural/Forestry Zone (35 acres).
4. The subject property is suitable for development in general conformance with the Rural Residential 2.5 land use district.
5. The reclassification will not alter the character of the properties in the immediate vicinity of the subject property.
6. The reclassification will not impact the health, safety, and general welfare of the public.
7. The subject property meets the minimum lot requirements of the Rural Residential 2.5 land use district.
8. The rezoning of the property will not create any non-conforming structures.
9. The subject property is adjacent to other Rural Residential 2.5 property (east), Agricultural/Forestry property (south & west) and Commercial 1 (northeast).
10. Rezoning of the property is in conformance with the Comprehensive Plan as the future land use map identifies the subject property as Neighborhood Residential.

Brad brought up that the Business Highway 371 corridor future use was discussed at the Planning Commission meeting. The township has experienced some commercial development along the Business Highway 371 corridor (northeast of the subject property) and may want to consider the long-term land use of the subject property and the surrounding property. If future commercial development was desired, it would need to be rezoned in the future. One comment was received that had no objection to the rezone. Dave made a motion to approve Rezoning Application 18-4589 to rezone a seven-acre tract from Agricultural/Forestry to Rural Residential 2.5. Doug seconded, motion passed.

The Fletcher Trucking wood chip dryer rquest was discussed. Shawn Fletcher and Trevor Hanson were present to discuss the proposal. The dryer would be located near the current building and would run 24 hours a day. The wood chip dryer is not currently classified under the ordinance and Justin stated that the property may need to be reclassified from Commercial 2 to Light Industrial if the process is considered light manufacturing. Because there are residential properties nearby, that may not be a good classification. The dryer is currently located in an industrial park in Green Lake Township near Spicer, MN on 3.8 acres. It doesn't need an MPCA permit because it falls below the required threshold for monitoring. The dryer would produce 240 tons per 24 hours (10 truck-loads). Fletcher currently hauls 32 truck-loads of woodchips to Spicer each 24 hours. The dried wood chips are currently sold as turkey and chicken bedding in Long Prairie and a malting operation in Shakopee. Brining the dryer to the Fletcher property could create 15 jobs. Conditional use permits require public hearings so the neighbors would be able to voice their concerns about the process. The Planning Commission suggested that the Town Board amend the current ordinance to allow interim or conditional use permits within the Commercial 2 classification. Greg made a motion to amend the ordinance to allow interim or conditional use permits within the Commercial 2 Zone. Doug seconded, motion passed.

The Chad Jillson violation was discussed. The clerk will send a letter to attorney Dan Hawley requesting an update on the legal complaint. The Wade Tomberlin violation was discussed. Brad, Dan Lee and Paul Stephany will conduct an onsite inspection at 4:30 PM on Wednesday, August 22, 2018. The clerk will send Mr. Tomberlin a letter informing Wade of the inspection and with the list of items that were to be completed by last spring. The Engholm property is in the forfeiture process. The township will wait for Crow Wing County to take over the property. The Josh Neelan property was discussed. There is a shed too close to the property line and vehicles are parked in the right-of-way. Greg is talking to a towing company about removing vehicles in the right-of-way.

Erin Road was discussed. Jerry Czech has sand and gravel washing down the road into his property from the driveway at the end of the cul-de-sac. Greg has researched the road right-of-way and it appears that the last 500 to 600 feet was never deeded as road right-of-way. The township has been maintaining the entire road for over 20 years. The clerk will ask the MAT attorney for an opinion on the issue.

Under public comments it was brought up that the oil recycling are cement block wall is deteriorating. Greg will check with Doug Morris about who is responsible for the upkeep of the wall.

Mailbox Supports for the township were discussed. Dave said there are 567 mailboxes on township roads. 44 are swing away posts but some of those will need to be replaced also. Instead of replacing all mailboxes the township could install mailbox supports as roads are rebuilt. Brad suggested sending out a mailer to residents advising them that mailbox supports are available for sale from the township for a discounted price and non-conforming posts will not be replaced if the snowplow hits it. Greg will get a price on having mailbox supports installed. The letter could also include information about property cleanup, the need for recycling workers and not pushing snow across a township road.

The Treasurer's report and claims were reviewed and approved.

Dave presented the road report. A check was received for the illegal driveway at Fastrax. The road at Oakridge South Second Addition has been paved but the damage to Stone Ridge caused by the contractor that put in the road was not fixed. Centerpoint energy installed the gas line to the development and did not restore the ditches on Stone Ridge. The clerk was advised to send Tom Feierabend a letter notifying him that the damage to the pavement and the ditches on Stone Ridge needs to be fixed. If the township has to have the work done, all costs will be billed to Mr. Feierabend. Dave will start the second round of mowing on all township roads. The clerk was instructed to send a letter to the property owner at 5703 Brandon Way for a driveway that was installed without a permit. Before the township will take over Remington Way the road needs to be brought up to township specifications and 2/3 of the lots need to be developed. The clerk will notify the resident who made the request. Crow Wing County has received new traffic counters that are available for township use.

A notice was received about the MAT District 8 meeting next Wednesday. Greg made a motion to allow Doug and Sue to attend the MAT District 8 meeting on August 22, 2018 at the Pierz Ballroom. Dave seconded, motion passed. A notice requesting comments about the Brainerd Public Utilities Hydroelectric project was reviewed. A notice about the Crow Wing Soil & Water evaluation of the Charles Cogger property was reviewed.

A letter was received from the Crow Wing County Highway Department about upcoming projects in 2020 in the township. It will be discussed at the next Road Committee meeting. A notice was also received about the availability of State Park funds for projects in the township. Dave said there could be a parking lot for the state trail at Brandon Way and Crow Wing Heights Drive. Dave will call the DNR about the parking lot.

An Agreement for Election Equipment Utilization and Storage was received from Crow Wing County. The clerk will sign the agreement and return it to the county. The clerk asked about purchasing a used file cabinet to use at the clerk's office. Greg made a motion to allow the clerk to spend up to $200 on a file cabinet. Doug seconded, motion passed.

Doug made a motion to approve the minutes as written from July 24, 2018. Greg seconded, motion passed.

Meeting was adjourned at 8:55 PM.

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