January 16, 2007

Lent Township Board Meeting

Official Minutes

Township Board meeting was called to order by Chair G. Olson at 7:45 pm.

The Pledge of Allegiance was recited.

Chair Olson commented that the meeting was late starting due to the meeting prior. G. Olson requested review of the agenda presented by the clerk. Peterson asked that snow plowing policy be added to the agenda.

Johnson made a motion to approve the agenda, Peterson seconded, all ayes. Motion passed.

Minutes from the December meeting were reviewed. Johnson made a motion to approve the minutes, Peterson seconded. No Discussion. All ayes. Motion passed.

Claims against the Township were presented by the Treasurer P. Olson. Johnson made a motion to approve the claims as presented totaling, amount of $10,499.71. Peterson seconded. Motion passed.

Planning & Zoning:

Vice Chair Dave Milles of the Planning and Zoning commission commented that G. Olson and he attended the Public Hearing of the County Planning Commission on Dec. 20, 2006 and presented

written testimony for specific request change of the comp plan to the County. D. Milles hasn’t heard of anything as of yet and wanted to know if G. Olson had. G. Olson said that he heard from the zoning administrator that a meeting will possibly be held on Thursday, January 18 at 1:00. G. Olson commented that he has all his questions prepared. In the letter, a proposal for a joint development plan, with the county, on County Road 17 and 35 interchange. Commissioners M. Robinson and L. Schultz were concerned the Township didn’t have a real specific strategy plan on how it will be developed. D. Milles said that if the Planning and Zoning committee hadn’t heard from the County Planning Commission by April 1, 2007 to participate with us, that we should come up with our own development plan for the County Road 17 and 35 interchange so that we can have it adopted as an amendment to our comprehensive plan or by the end of summer, around Sept.1.

D. Milles said that they also had a continued public hearing on the land use regulations, to go over the revisions that were made to address the concerns that the Township Attorney had. To incorporate the county fees that Kevin Mealhouse presented to the committee, and also to adopt the building codes by specific ordinance. The commission accepted everything as purposed; ie: fees are figured out, operating manual is done, and the Township has an inspector. D. Milles signed as vice-chair, a Findings of Fact and Conclusion of Recommended Action and was offered to the Township Board. The transmission from the Planning Commission to the Township so can be taken place as of tonight to adopt the land and regulations.

G. Olson commented that the Township is ready with the building inspector and the attorney is smoothing the contract out as a word was wrong. The attorney does have the contract and said that the agreement is great. G. Olson made a motion to adopt the Land Use Regulations with an effective date as of February 1, 2007. Peterson second, G. Olson asked for any discussion. Johnson commented that a letter be sent to the County stating that the Township will be taking over the zoning on the February 1, 2007. G. Olson said that he will be visiting with them on Thursday, Jan. 18 and will ask to receive a letter from the County to state that they will suspend collecting building fees in Lent Township.  Motion passed.

Peterson brought up to what is being done about the sewage plan at County Rd 17 and 35. D. Milles responded by saying that it was talked about at the Planning Commission meeting and that there is a legal instrument that the townships can use called a Subordinate Service District. Almelund is already doing this and they are looking for some grants. D. Milles said that the Planning Commission should look into this because if the township comes up with a development plan it will be needed. Another area would be reserved for a treatment plant. If a development plan can be created a treatment system can be developed, the Township could create a Subordinate Service District to oversee the rural transit center and a grant could be applied for. Also on the south side there is a low area where water drains, and this could be used for an evaporation ponds. People who would develop, part of the approval would be that they would have to hook up and pay the Township. The other option is to hire a private developer. Johnson commented that if you look at the cost of the project and the justification of raising the taxes on an assessment basis, so you should do a Subordinate District and then everyone would have to agree to pay for it. G. Olson commented that Curtis Parks would be a good person to communicate with as he has four successfully subordinate operating in Chisago County. The first person who builds up on the County Road 17 and 35 interchange would be a good candidate to apply for a sub ornate district.

D. Milles requested that a legal notice should be put into the newspapers to let the public know that the zoning is being adopted on February 1, 2007. Copies of the ordinance, Land Use Regulations, need to be distributed to the law library, the County Attorney, County Recorder and at each of the five libraries. Each chapter of the ordinance needs to be signed by G. Olson and R. Kahler before distributing. To be fully in business we have the Town Board, that is our legislative body, Planning Commission, that is the advisory body, and need to appoint three people for the Board of Adjustment, that is the appeal body.

At the planning commission meeting, Mike Olson, Dave Milles and Don Bilunas volunteered to fill the three positions. A resolution was prepared and was signed by D. Milles. The Town board needs to appoint the three men by a motion and passing, if they are to serve on the board. It is to be understood that the Board of Adjustment is independent of the Town board. For example; if treatment by the inspector is not appreciated or if there is a dispute with Land Regulations, the Board of Adjustment can be addressed. The Board of Adjustment can make a decision to either support the dispute or make a change and the decision will be made final. If decisions are not accepted, they will not come back to the Town board but will go to the District Court. The Town board will be relieved of any appeals and the Board of Adjustment will be independent of any local politics. Subdivision plats approvals and conditional use permits go through the planning commission and the Town board. An appeal can be made if the interpretation of an ordinance is in doubt or enforcement of an ordinance is not appropriate. The Board of Adjustment will then listen to the appeal and then can change the decision. Also a variance would go to the Planning Commission for review and then report to the Board of Adjustment for public hearing. The Board of Adjustment is setup to hold meetings once a month in which all the appeals would be heard. The hearing would be convened as a public hearing and a notice would be placed in the paper. The Board of Adjustment would hear the variance, make a final findings of fact, and make an order to modify or grant it. If the decision is not accepted then they can go to the District Court. Conditional uses and plat subdivisions go to the Town board. The County Attorney says that there are only criminal penalties for violations of ordinances and they are only misdemeanors. The building inspector can issue an administrative citation to the person involved, who in turn can appeal the citation to the Board of Adjustment. Then the decision can be made by the board and that the citation should be paid or it can be taken to a civil court. Everything is listed step by step in the Land Of  Regulations manual.

Johnson commented about the signs that say building and driveway permits needed in Lent Township have to be change or if the info is correct on them. G. Olson said they are correct with the office phone number so they won’t have to be changed.

Peterson asked if we have a fund set up for the money that would come in. P. Olson said that it is set up in 34102.

D. Milles asked if there is any payment for a Board of Adjustment to be paid $40.00 per meeting to Mike Olson when he claims it. D. Milles and D. Bilunas are unpaid. Peterson said that a claim can be made as the money will be there and D. Milles said that he doesn’t think we will have that many claims and that the board would only meet once a month if needed. Motion was made for the Mike Olson, Dave Milles, and Don Bilunas to be members of the Board of Adjustment. Motion passed.

Ron Chelberg asked if a pole barn is to be built what is the procedure. G. Olson said that the person would come in and a R. Kahler would issue a building permit, the plans would be given to the building inspector, Jack Kramer, in which he would look at the plans to approve and return them to the person. When the footings are ready for inspection, J. Kramer would go out to inspect. R. Chelberg said that the pole barn should be examined just like a house with a second access. G. Olson said that this will be brought up with the building inspector and when he goes out to inspect to see if a second access should be installed.

D. Milles commented that in the next newsletter it should state, that anyone that does not have a permit for a nonconforming use gets a grace period of up to six months, to complete the form, file the application, in order to be in compliance.

G. Olson said that the Building Inspector, Jack Kramer, is in process of being hired and is looking good. John Stewart asked if the building inspector would make deals with other building contractors. G. Olson said that all contractors are watched by all other contractors and says that he is very confident that J. Kramer is very reliable and is favorable. The comment was made that J. Kramer should come to a Planning Commission meeting and G. Olson said that he has been to a board meeting and that he will be asked to attend a Planning Commission Meeting. In his contract it is written up that he goes occasionally to a meeting.

Board of Audit meeting

A Town Board meeting is setup for February 12, 2007 at 7:00 pm to audit the books. It will have to be posted in the legal papers. The Treasurer is to have the 2006 fund balance and what the Fire department spent and to see how close the budget is actually going to be.

Discussion was made by P. Olson. P. Olson asked what to do with the unused money that the fire dept has. P. Olson said that the fire department wants to put it in their Relief Association Fund and G. Olson said that we need to keep the excess for unexpected expenditures.

P. Olson mentioned perhaps an external auditor be hired to audit the books. We could discuss the idea at the February meeting. Johnson and Peterson both agreed to wait till February.

G. Olson commented that a staff meeting is setup for monthly discussions with the employees and board as informal discussions and that there will be one at 9:00 am on February 12, 2007. Johnson said that the staff meetings should be posted as needed and that March may be skipped as there is a lot going on with elections. Motion was made by Johnson, seconded by Peterson, to hold the Board of audit on February 12, 2007. Motion passed.

A letter was received from the Chisago County Court Administrator in reference to a trial for land owners along County Road 17, who are having land value disputes. It will be held on March 1, 2007, which is a pretrial and April 9, 2007 is set for a jury trial. The Lent Townships’ attorney informed the Township board that County Road 17 is not owned by the Lent and letter is just acknowledging and informing the Township about the pretrial and hearing. G. Olson will not be attending.

Mark Ritter from Pheasants Forever has applied for a gambling permit and asked to have it approved. The banquet will be held on March 3 and the MN Deer Hunters Association, who also applied for a gambling permit, will be held on March 10. Johnson made a motion. Peterson second. Motion passed.

Park Commission

Peterson said that the Park commission ordinance was established in 1991 and that there should be some changes. Section 102., remove five voting members and replace with up to seven voting members. Section 102.2 remove four-fifths and add two-thirds. 102.1 will be removed from the ordinance. Compensation will be taken from the general fund. At the next meeting a motion will have to be made to revise the ordinance. A public hearing will be needed to adopt proposed changes to the ordinance, to establish the Park Commission. This could be done at 8:05/8:15 pm on February 20, 2007.

The Town board can start collecting park fees, with the developer could pay so much for a lot or give a lot to the Township for park purposes. An example of this arose when a lot was given to the township and the County received nothing. The County said that isn’t allowed, so the Town board was established as the Park Commissioners. The County revised the ordinance and collected the money and disallowed any developer to give land to any Township or City in lieu of park fees. Lent Township has found out that there is quite a bit of money over at the County and that the State law says 75% of the money collected, needs to be spent in the Township. The County wants to have control of the money so G. Olson attended a County Board meeting and asked for our money.

Road Report

Johnson did a partial road inspection and the roads are in good shape for winter driving. Johnson said that he talked to County Auditor Freed about the storm sewer charge that Stacy is trying to assess. The State statute says in order for a City to charge a storm sewer charge it has to first create a district that includes a map and a plan. The City Clerk says that Stacy passed the ordinance two years ago but does not have a map or a plan. Mr. Freed said that he will run it by the County attorney. Johnson said that he will contact Mr. Freed in a couple weeks to get a resolution.

Peterson brought up a point why does there have to be three inches of snow on the roads before snowplowing can happen. G. Olson commented that it was just a number picked out around the State. If the road was bladed down to bare ground and the snow melts the rest very quickly. G. Olson said that the plowing will be done as needed and Peterson said then we don’t need to hold to the three inches.

G. Olson reported a call was received that a mail box was knocked down on Kale Ave by the township plow. G. Olson went to take a look at it. Blade marks on the road were 20 inches from post. G. Olson told the caller that his box and post should have broken in many pieces if the township plow had hit it. It was found later that the caller plowed his own driveway in the dark and had knocked it over himself.

Treasurers’ Comments

Treasurer P. Olson commented that a Clerk’s signature cards need to be signed. G. Olson commented that they will be signed before leaving. Maturity is coming up on a CD that has been at First State Bank of Wyoming and it has been there since 1994, valued at roughly $47600.00. Rates are so bad for a 6 month certificate, that the bank would give the Township a special rate for a 6 to 12 month CD. The rate would be 5.1%. G. Olson said this is the building fund CD and that this CD should be put into a 12 month certificate as there isn’t any building to be done in 2007. P. Olson said there is also another CD that will be maturing on March 24, in which this is a 3 month CD and the value is roughly $25,400.00. This CD certificate is also in the building fund. G. Olson said to put this into a 6 month for the same rate of 5.1%. Motion was made (motion maker unknown), motion seconded, and passed.

P. Olson commented that mileage will be going up 48.5 cents a mile (Federal Rate) and the Townships insurance is coming up for review in February. The Townships insurance representative will be at the February 20 and will meet at 7:15 pm. for review of the Township’s insurance needs.

Correspondence:

Clerk Kahler received a letter from the Rush Line Corridor Task Force Committee about their meeting held on 1/10/07.

Miscellaneous

Clerk R. Kahler was asked if the minutes could be completed sooner, in order for the board members to review. R. Kahler responded that she will try to get them out within the next week after the meeting. G. Olson asked if the election info on the calendar is up to date. Kahler said she was on top of it. Peterson commented he bought several items of office equipment. Johnson commented that the PC is on loan from him, as a new mother board has been ordered for the Townships PC.

4H Shooting Sports called to use the hall four different times in the next 3 months. R. Kahler said it’s all setup.

Hall hours have been posted in the newspapers and on the City Hall’s building board in Stacy and on the Lent Township Hall bulletin board.

Motion was made to adjourn by G. Olson.  Peterson second. Motion passed.

Meeting ended at 9:27 pm

___________________________                              ___________________________

Board Chair Signature                                                  Clerk Signature