Regular Meeting-July 14, 2020


Board Members Present: Chairman Greg Smith, Vice Chairman Tucker Schuety, Supervisor Doug Kern, Treasurer Sue Kern, and Clerk Duane Ruona.

Greg called the meeting to order at 6:00 pm and the pledge of allegiance was recited.

Doug made a motion to approve the agenda as written. Tucker seconded, motion passed 3-0.

There were no gopher bounties.

Greg turned the meeting over to Tucker for the next agenda item, Rezone Recommendation from Planning Commission, being presented by Mike Angland of Widseth who is a co-worker of Greg.

The Rezone request for parcels 56170539 and 56170540 was discussed. Mike Angland showed graphics and photos on a monitor so the entire audience could get a good look at the proposed development. The property is currently covered in trees and shrubs and serves as buffer to the TH 371/Business 371 intersection. Seven storage garages are proposed to be built on the two parcels with a 50 foot buffer of existing trees and shrubs to be left undisturbed. The entrance would be as close to Arielle Drive as possible to reduce traffic down Sweet Road. Lighting on the property would be directed downward so as not to bother nearby properties. Mr. Angland stated that this would be the least intrusive development of the property. Under the current zoning, duplexes, a church, barn, or other buildings could be built on the site and all the trees could be removed. Questions were raised about more traffic and crime coming into the neighborhood because of the storage units. How have other storage units in the area affected the neighboring residents? The exits from TH 371 are state roads so any changes required because of increased traffic would be done by MNDOT.

The recommendation from the Planning Commission was to deny the rezone request. A motion was made by Doug to deny the rezone request for parcels 56170539 and 56170540 based on the Planning Commission recommendation. Seconded by Tucker. Greg abstained. Motion passed 2-0. The development could be presented to the Planning Commission again under the current zoning of Rural Residential 2.5 with conditions.

Tucker turned the meeting back to Greg for the remainder of the meeting.

The speed limit on Libby Lane was discussed. Bruce Hayes was in attendance with a petition from all the residents of Libby Lane for a 25 MPH speed limit instead of the 35 MPH speed limit the Town Board approved last November. Tucker made a motion to change the speed limit on Libby Lane from 35 MPH to 25 MPH. Doug seconded, motion passed 3-0.

Greg recommended that the township find a new attorney to handle legal issues. After discussion, Greg made a motion to notify Dan Hawley that the township will find another attorney to handle legal issues for the township. Second by Doug, motion passed 3-0. The clerk was instructed to send Mr. Hawley a letter to that effect.

Road Supervisor duties were discussed. Tucker has decided to give up the Road Supervisor duties. Doug has volunteered to take over those duties. Doug has done some patching on township roads and has done the mowing in Barrows. Blake Christopherson has done sweeping on some of the roads and will finish the township soon. The resident from 9427 Libby Lane was present and asked about the repair to the driveway culvert apron that was damaged by the snow plow last winter. Greg said Brad Gorron would be contacted again about fixing it and if it wasn't fixed the township will take care of it and send Mr. Gorron the bill.

Doug asked Tucker if he would consider taking his position on the Planning Commission. Greg made a motion for Tucker to replace Doug on the Planning Commission. Doug seconded, motion passed 3-0.

Resolution No. 2020-05 authorizing Doug Kern to take over the Road Supervisor duties was discussed. After discussion, Greg voted yes, Tucker voted yes, and Doug abstained. Resolution passed 2-0.

The CARES Act Funding for Townships from the State of Minnesota was discussed. The Township would need to apply for the funds and they can only be used for expenses caused by COVID19. The township has no expenses so far so it was decided to not apply for the funds.

Adopting an Ordinance Regulating Town Road Rights-of-Way was discussed. The ROW Ordinance template from MAT was reviewed by the Town Board last fall and sent to the Planning Commission. The Planning Commission cannot regulate road right-of-way, only parcels with an ID number, so the Town Board would need to adopt the ordinance. After more discussion, Doug made a motion to adopt Ordinance 2020-02 Regulating Town Road Rights-of-Way. Greg seconded, motion passed 3-0.

Under Old Business Wade Tomberlin was present to discuss his property violation. He brought in an MPCA Compliance Inspection Form stating that his outhouse is in compliance with state standards. Doug Kern and Paul Stephany will coordinate with Wade to do an inspection on his property before the next Planning Commission meeting on August 10, 2020. There have been no changes to the other property violations.

Under Public Comments George Burton was present to request that Lone Oak Road be closed for a fireworks display on August 15th from 9:15 PM to 10:00 PM. Greg made a motion to close Lone Oak Road from address 7801-7804 on August 15, 2020 from 9:15 PM to 10:00 PM. Doug seconded, motion passed 3-0.

The clerk reported on the Planning Commission Meeting held Monday, July 13, 2020. A site visit at Fletcher Trucking will be held next meeting; a letter was sent to 9204 Estate Circle because of a Citizen Complaint and it appears things are being cleaned up; the Ravenswood violation of too many vehicles has been cleaned up; and the Future Land Use map was reviewed and updated and will be finalized at the next meeting. A question was asked about the Craig Feierabend rezone and the final request that was approved was for three lots on St. Mathias Road zoned RR 2.5 and the rest zoned RR 10.

Payroll was reviewed and approved.

The Treasurer's report and claim numbers 1308-1328 were reviewed and approved.

Sue brought up that MAT has online training for paying election judges. Greg made a motion to approve paying the Treasurer for the MAT training on paying election judges. Doug seconded, motion passed 3-0. There is also an online training from the MN Department of Revenue for tax filing information. Tucker made a motion to approve paying the treasurer for the tax filing training from the MN Department of Revenue. Seconded by Greg, motion passed 3-0.

Under the Road Report Doug has been patching the roads and will need to get about 2 more tons of material to finish patching potholes. He has also been mowing the ditches in Barrows and will continue mowing this week. Crack sealing will be done by Anderson Brothers. We are currently fourth on their list. Blake Christopherson has been sweeping the roads. Tucker stated that the driveway at Platinum Auto on Brent Drive has a 6 inch drop from the pavement and needs to be fixed. Doug will talk to the business owner and get it fixed. Tucker has asked for two quotes for fixing the problem culverts at Lone Oak Road and Gorron Road.

The apron that was damaged by the snow plow last winter on the driveway at 9427 Libby Lane has not been fixed. Tucker has contacted Brad Gorron about it and has a picture of the damaged apron from when it happened with the snow bank around it. The clerk was instructed to send Brad Gorron a letter instructing that the culvert apron be repaired. The driveway culvert on Stone Ridge that has collapsed was discussed. Tucker stated that according to MAT the property owner is responsible for his driveway culvert. The clerk was told to contact the property owner and tell him the township doesn't repair or replace existing driveway culverts. A dishwasher has been left at 80th and Wetherbee. Doug said he will pick it up. At the intersection of Brandon Way and Canary Street someone has been spinning their tires and the road is covered in black tire marks. Dale’s Excavating has picked up the culvert extensions and will install them on 50th Street.

Under communications the Brainerd Fire Department Incident Report was reviewed. Centerpoint Energy sent a notice about a proposed rate increase.

Under Administrative Business Resolution 2020-04 Designating a Liaison & Alternate for the 2020-2022 Road Maintenance Contract was discussed. A signed contract has been received from Brad Gorron. Doug will be the liaison and Greg and Tucker will be the alternates. Tucker made a motion to approve Resolution 2020-04 Designating a Liaison & Alternate for the 2020-2022 Road Maintenance Contract. Greg seconded, motion passed 3-0. Crow Wing County will eliminate the township recycling center in 2021 unless the township agrees to pay half the cost. There was no interest in paying for the recycling center. It was decided to not do the road tour.

Greg made a motion to pay for the two hour online training of election judges and extra training for head judges. Tucker seconded, motion passed 3-0.

A motion was made by Doug to approve the minutes of the June 9, 2020 regular meeting as written. Seconded by Tucker. Motion passed 3-0.

Meeting adjourned at 8:20 pm.

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