1991-08-05 Frankfort Town Bd Mintues
FRANKFORT TOWN BOARD
AUGUST 5, 1991
Frankfort Town Hall
8:00 P.M.
Present: Alfred Zachman, Greg Vetsch, Larry Van Hall, Louis Lazer, Attorney Will iam
Goodrich, Treasurer Mary Beth Carlson, Clerk Sharry Berning.
Chairman Zachman called the meeting to order. Clerk Berning asked that Item j under
New Business, "I^,illow Bend - Building Permits," be deleted, as the del}eloper and his
attorney were unable to attend this meeting. A meeting to discuss '^,illoVJ Bend
building permits was rescheduled for Monday, August 12, 1991, at 7:30 p.m. Berning
asked to add "Millside Tavern - Request for Cigarette License" to the agenda, and
that Item a under Old Business be corrected to add the word "Commercial" after
Autumn Woods. Lazer made a mot i on to approve the amended and corrected agenda.
Vetsch seconded the motion. All voted aye.
Lazer made a mot i on to approve the Ju 1 y 15, 1991, TOIAln Board m i nu tes.
seconded the motion. All voted aye.
Zachman
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Treasurer Mary Beth Carlson gave the financial report. County and State Funds were
received. ChecKbook balance this date-$105,481.98, with available funds of
$66,335.13. Savings Account ending balance was $1,229.38.
Item 20 on orders to be issued, an amount for Assessor Alfred Miller, will be acted
on at a later time. Vetsch made a motion to approve the Orders to be Issued, with
the omission of Item 20. Lazer seconded the motion. All voted aye.
AUTUMN WOODS-COMMERCIAL. The Planning and Zoning Commission approved the
pre1 iminary plat for Autumn Woods Commercial on July 16, 1991. Zachman questioned
Jim Peterson, Jr. concerning the movement of water and was shown the pre-pre1 iminary
plat. Engineer Raatikka had spoken with the hydrologist and nothing is different,
although some elevations could change sl ight1y when State Highway 101 goes in. Van
Hall made a motion to approve the prel iminary plat for Autumn l,.Joods Commercial,
subject to the conditions outl ined in the Township Engineer"'s letter of June 17,
1991. Vetsch seconded the motion. All voted aye. There was brief discussion on
parK dedication funds. Clerk Berning said the amount is $300 per lot.
G&K LANDSCAPING-Conditional Use Permit reQuest. The board had copies of the, as yet
unapproved, Planning and Zoning Commission minutes of the July 16, 1991, publ ic
hearing. Chairman Zachman asked Gordon Roberg to comment on his request. Roberg
stated the only thing he is trying to do is run his agriculture business from his
property which is zoned agriculture. Lazer said Roberg is asking for a CUP to
operate a home extended landscaping business out of his house. Lazer asked Roberg
if he had read the ord i nance. Roberg fe 1 t since his proper ty was zoned ag the
ord i nance did not app 1 y. Zachman quest i oned Roberg on the amoun t of equ i pmen t he
has. Roberg answered that he is running an ag business out of his property zoned
ag. Lazer sa i d Roberg is not a farmer. Roberg sa i d he is grow i ng trees at his
residence, which he considers to be his farm. Attorney Goodrich explained that this
business use is not a permitted use on ag property.
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Vetsch suggested the board go through the P&Z findings of fact. Roberg was provided
with a cOPY of the Comm i ss i on ~ s find i ngs and Goodr i ch read through the items.
Roberg did not disagree with any of the findings. Lazer disagreed with No. 9 whic~
stated "Approximately 20 to 25% of lot is covered with gravel surface." Lazer felt
it was closer to 30 to 35%. 'Goodrich stated that based on the board~s review of the
commission~s minutes, they could request additional information, but that the board
wou 1 d need to adop t find i ngs of fac t. Because the P&Z Comm i ss i on recommended the
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AUGUST S, 1991 - Page Two
board deny the CUP, if the board were to chose to give the perm it, they wou 1 d have
to create find i ngs on wh i ch to base the approval. Lazer read from the ord i nance
conditions for home extended business which he felt were not met. Roberg said that
under 30% of his lot is covered wi th gravel surface. There was discussion on the
feasibil ity of a 2,000 square foot building and whether such a building could hold
all of Roberg~s equipment. It could not. Roberg was asked the size of his lot. He
stated it is 2-112 acres. It was felt this should be included as an additional
finding. Vetsch said he felt the fact this is across from a residential area and
tha t some ne i ghbors oppose the use, is enough to deny. Lazer sa i d that is not all.
Goodrich said neighbor opposition alone is not enough to deny. 'Jetsch was also
concerned with the amount of outside storage. Zachman said if one operates a
business, it should be in the industrial park. "Why do we have an industrial parK?"
Roberg sa i d if he cou 1 d afford it he wou 1 d love to be over there. 'Jan Hall sa i d
the fact is that this does not meet the ordinance.
Vetsch made a motion to adopt the Planning and Zoning Commission findings of fact
IAlith the addition of No. 21 "The size of the applicant"'s lot is 2-112 acres."
Lazer seconded the motion. All voted aye.
Lazer made a motion to deny the appl ication of G&K Landscaping for a Conditional Use
Permit to operate a home extended business, based on the findings of fact. Van Hall
seconded the motion. All voted aye.
Roberg asked what his next step should be. It was suggested that Roberg meet with
the chairman of the Planning and Zoning Commission to try to looK for al ternate
plans.
( Willow Bend
,alltIlFJI~ 11~~-;11ii MeetinQ. Chairman Zachman made an announcement fc.r pec,ple who arrived
late, that Willow Bend-Building Permits had been removed from this evening~s agenda
and a special meeting was scheduled for August 12 at 7:30 p.m. There was a question
from the audience whether water in Wil10~" Bend would be discussed at that meeting.
Zachman said at this point there would be no discussion of water. The meeting was
to deal with building permits.
KEN NELSON - Culvert. Ken Nelson of 2635 Lander Avenue was present to discuss a
problem with water coming down the ravine from the west and washing things out. He
sa i d a cu 1 ver tis needed under the road. He was asked if it wou 1 d affec t proper ty
across the road, and he felt it would not bother. The ravine is just about on the
lot 1 ine between his property and Dale Rolsing~s. There was discussion on cleaning
ou t or mak i ng a ditch. Board memebers though t they wou 1 d 1 i ke to go ou t and look
before maKing a decision and bring it up at the next meeting the 19th of August.
Nelson said he could not make that meeting and Vetsch said he would be informed.
GORDY SCHUMM-Subdivide. Schumm appeared to inform the board of his intention to
subd i v i de his ag 1 and and se II one before the zon i ng ord i nance changes. He was
present only to formally inform the board of his intentions. He will have to get a
survey and work with Planning and Zoning through th. public hearing process.
Richard KrueQer. Lot 69. Halsey Avenue. Bob Stap1 in, Linda Krueger~s father, spoke
on behalf of Richard and Linda Krueger. He said he real ized it was past the time to
file an "'objection to the assessment for the Halsey Avenue improvement, but facts
have just become known. The original objective was to improve both parcels (68 &49)
and sell. The first indiGation there was some trouble was when someone interested
in not only the home site but the adjacent lot, was told by both the township and
the county that Lot 69 is nonbuildable. Subsequent question of fill on Lot 69--~
stated quite clearly that is a nonbuildable lot. The di1ema is that because of this
the valuation has gone down and the Kruegers wi 11 also be hi t twice for the $2500
AUGUST S, 1991 - Page Three
assessmen t . There was a quest i on of the board dec 1 ar i ng the lot nonbu i 1 dab 1 e or
combining and making one single lot with only one assessment. Lazer stated that as
far as he can see the lot is unbuildable. Goodrich said that it is true the time to
appeal the assessment has gone by, but we have not yet sent the assessment to the
county. It could be amended by deleting the lot. The difficulty is that the $2500
amoun t wou 1 d have to be picked up by the proj ec t or townsh i p funds. Van Hall
suggested the assessment be deferred 10 years or until it might become buildable.
Stapl in felt that was acceptable.
Vetsch made a motion to amend the assessment roll for Improvement Project 91-1,
Oakridge View, to delete Lot 69 and treat it in a similar manner to Lot 67, as
estab1 ished on June 3, 1991. Van Hall seconded the motion. All voted aye.
JIM HULTING was present at Zachman's request, as he might be interested in bidding
on work in Barthel Roll ing Hills and/or Greenhaven Estates. Since Engineer Raatikka
had not yet arrived, Hulting will get further information later.
GARY LENZ- ReQuest for 1 in 40. Lenz brought a drawing to show the board what he
has in mind on his 1in 40 request. He asked if he would be able to change it when
the ordinance goes to 2 in 40. Zachman said when the ordinance changes, it could be
changed. It is necessary at this time to put a deed restriction on the 40.
AL MILLER. ASSESSOR - RESIGNATION. A letter. of resignation was r"eceived from
assessor Al Miller. He told ClerK Berning he has a chance for a supervisor job with
his day time job. Van Hall asked if the invoice submitted was part of the
res i gna t i on. That was a separate item. It IAlas fe 1 t the i nvo i ce shou 1 d not be
approved at this time. The county assessor could help with determining the amount
of work and what the pay should be. According to Mr. Gruber (County Assessor), the
township has 90 days to find another assessor.
Van Hall made a motion to accept the letter of resignation of Al t1iller. Lazer
seconded the motion. All voted aye.
Clerk Berning was instructed to talK to the county about wages and to put an ad in
the paper for either a 1 i censed or cer t if i ed assessor, bu t cer t i f i ed preferred.
Chairman Zachman announced a five-minute breaK.
approximately 9:30 p.m.
Engineer RaatiKka arrived at
Zachman reconvened the meeting at 9:40 p.m. He announced that a short period of time
would be allowed for discussion of water in Willow Bend at the August 12 meeting.
OMANN BROTHERS-CUP REQUEST. Attorney Goodrich stated Omanns appl ied for a
Conditional Use Permit May 20, 1991. There was a joint Planning and Zoning
Commission and Township Board Publ ic hearing July 10, which was continued to July 16
when the Pl ann i ng and Zon i ng Comm i ss i on me t and adop ted find i ngs of fact and
recommended, based on those findings, that the permit be denied. Tonight the board
needs to review and consider those finding and adopt their own findings of fact, and
based on those, approve or disapprove the May 20 appl ication.
Goodrich said he wants to talk to the board in a closed hearing about the lawsuit
which is still pending, notwithstanding the district court order and stipu1ate~
agreement, but not tonight. t.
The town board is not under an obligation because of that court order to grant or
deny the present appl ication. The board must take what is before them on an
independent basis and approve or deny. This is not a pub1 ic hearing. Attorney
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Timothy Thornton was pesent with and on behalf of Ommans. Mr. Mannella was present
as atto~ney for the Daleidens.
Zachman said the board should review the findings of fact from the commission and
add or delete. Goodrich said they should consider, give him direction, and he will
have them typed up so members can see in writing, review, and taKe final action at
the next meeting. Good~ich went through the findings by item. Laze~ asked if Item
13 was a fact. Goodrich said this IAlas IAlhat the Planning Commission found. The
board can change or find a different finding. Lazer said he disagreed to a point
with Items 20 & 21. On Item 24 Lazer disagreed. Van Hall said it would change the
essential character. Lazer again disagreed. The board felt that the concrete
crusher and the stockpiling of shingles should be separated. It was stated that
after the fi~st publ ic hearing someone talked to the St Michael Fire Chief who gave
a recommendation on hOIAl to handle the piles. Goodrich said if the board IAlere to
g~ant the permit, they would add~ess that issue. There was discussion on deleting
26. Lazer questioned Item 28. Goodrich said "unless certain conditions are
complied with" could be added. Lazer said dust, odor and noise varies according to
conditions. On Item 29 Lazer spoke of previous ordinances. Goodrich said the board
needed to talk abou t those find i ngs they have commen ted on and hash them ou t and
vote on them separately or come to a consensus on all.
Cha i rman Zachman sa i d he wou 1 d take five m i nu tes for commen ts from the aud i ence .
Attorney Mannella commented on whethe~ or not the use now substantially changes the
charac ter of the area. Mr. Lazer i nd i ca ted it did not change as he did not see the
shingles unless at the site. Mannella said those shingles, whether they can be seen
or not, have changzed the charac ter of the proper ty. t1anne 11 a fe 1 t some other
things should also be added--some violations not addressed. He questioned how far
away certain things are such as the closest road. There are some requirements on
fences along roads and adjoining property. Nothing has been done. Also, is this
still a mining operation? At p~esent it does not seem to be mining--now there are
other things and the majority is not mining but using these things that have been
stockpiled. The original intent 'Alas to mine. For the township to grant a CUP no~"
would be wrong. Mannella had pictures and letters. The Daleidens run a child care
and have a permit. A number of letters have been received saying people will remove
their children from that day care if the operation of the plant continues, and that
will harm the Dale i dens. These peop 1 e were there before the plan t came in. They
did not move to the disturbance. The disturbance came to them. There was some
question on the PCA follow-up letter of May 9, and things that still had to be done.
Goodrich referred Mannella to a later letter dated July 12, 1991, from MPCA.
Omanns were asked if the testing referred to in the July 12 letter as being required
no later than August 16, 1991, had been done. The answer was no.
Mannella said the findings should include that times of operation have been violated
in that they have gone past the times stated and have operated more than 12 hours.
Mannella said Item 21 should not be deleted.
Atto~ney Thornton was asKed if they had anything to say. He stated: "A deal is a
deal." Lazer asked Thornton if he had misunderstood or if the Court had suggested
that Omanrrs and the township sit down and try to work this out. Thornton stated the
ag~eemen twas f i na 1 . Zachman though t the CUP request was supposed to be the nexP't
step, but wondered why it tqok so long fo~ Omanns to apply.
Goodrich said he understood Mr. Thornton~s statement that "a deal is a deal,u but
that is still contrary to what the law is that you cannot consider that court orde~
and stipulation agreement in considering this CUP. That is a difficult concept.
AUGUST S, 1991 - Page Five
The court hearing is not final as to this CUP. By law you must go through this
process. If you chose not to issue this CUP, they will probably go back to court.
Vetsch said the key word is compl iance. There have been numerous complaints, but no
cooperation between the complainants and Omanns. Zachman said communication has
also been a problem.
Lazer said dust is not a probe1m. Vetsch said noise and odor, not dust, are the
problem. Van Hall said there are PCA standards they have to comply with--questioned
adding something about reissuing of permit from PCA. Goodrich said that is in the
proposed CUP. They must always have an approved PCA permit. PCA has given a
prel iminary decision, but have to go out and test before August 16. If they do not
get the PCA permit, they cannot operate. If they do, as far as PCA is concerned,
they can operate. Goodrich suggested going back to hashing out the findings.
Lazer questioned #20, as he said that one load of gravel went out every year so that
it was an active pit and that Daleidens Knew this was an active pit. They started a
day care after this business went in. Vetsch asKed how you define odor. PCA has a
system. RaatikKa said it has to do with how much it takes to dilute odor so it
cannot be detected. Goodrich said testing done in 1988 seemed to be inconclusil}e.
He asked if the board wanted to modify Finding #20. Lazer said yes. Goodrich said
there could be a separate finding. Should 20 be changed? Vetsch said no and Zachman
said no.
Goodrich asked how the board would 1 ike to change #21. Van Hall suggested that
everything following "already permitted" be deleted. It was felt that #24 should be
sp 1 it. Stockp i 1 i ng--w ill that change the charac ter? Van Hall sa i d yes and Lazer
said no. Zachman said he would 1 ike to know what will happen to the concrete. #24
"Tha t the proposed use IAI ill change the essen t i a 1 charac ter of the area because of
stocKpiling of tar shingles." #25 "That the bituminous plant is disturbing to
o'some~ neighboring property owners." It was decided to delete #26 because the board
felt it did not make sense. #28 should add "unless state regulations are met."
Van Hall thought two should be added--that it was not operating within our
guidelines. And one on having safety data information sheets on all hazerdous
material for chemicals--main1y for fire fighting purposes so they Know what they are
going into. There are state and federal guidel ines and it is a good resource.
Goodrich asked about #28. He said it is very important. Are the neighbors too
sensa t i ve? Can they live with it? Raa t i kka men t i oned that the ru 1 es on odor
indicate odor is approximately six times as great without a stack as with a stacK.
Vetsch asKed if any type of screening has been done as talked about. Goodrich said
th i s was i nc 1 uded in the proposed CUP. I n theory PCA does not issue a perm it if
there is a health hazard--that is in theory. Zachman said he thought 28 should stay
just the way it is. Van Hall said we do not have the test results back. The answer
will be if they issue the permit. These things might not be a publ ic health hazard,
bu t that does not mean they are not a nu i sance to peop 1 e who 1 i ve nearby. -- A
suggested additional finding was "The gravel pit use of the site preexists the
res i den t i a 1 use 1 oca ted nor th of the plan t site and the day care use at the
residential site came after the use of the presnt site as a bituminus plant."
Dorothy Daleiden stated that the bituminus plant came after they 1 ived there and it
was bad. Our children would call at work and say it is so bad we have to close the
windows. Cano't we do somlithing? "If you could come and spend an hour at our
residence, you would know what we are talking about." Glen Daleiden asKed "why are
you waiting for PCA? Are you passing the buck?"
AUGUST S, 1991 - Page Six
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Attorney Goodr i ch sa i d he wou 1 d like to redraft the find i ngs with the add it i ona 1
finding and present it at the next board meeting when the full board could adopt or
reject. The next board meeting will be August 19, 1991. This will be put first on
the agenda at 8 p.m.
NEEDHAM AVe~UE - C10sinQ of Ditch. Zachman said there is a problem out on Needham.
At the last board meeting we said we were going to get the water out at Countryview
Acres. The ditch is closed again. Someone is trespassing on the township easement
in violation of the law. Goodrich said we need to report this to the sheriff and
county attorney to investigate. The issue is invasion of private property. Clerk
Berning was instructed to call the sheriff and asK that the situation be
investigated.
AUTUMN WOODS-DRAINAGE EASEl"lENT. Lazer and Raa t i KKa INer"e ou t and tooK shots. Russ
Price cut it down to within four inches of ditch bottom. He is going to cut a
little more and sod. Vetsch said it seems the water crests and the majority of
water goes down. Zachman said we have been deal ing with this for four months and it
is time for it to be corrected. There was additional discussion among board members
on how the water runs in the area. Vetsch said Price thinks that is the original
height there. Raatikka said it is hard to say. Zachman stated he did not want to
write a letter saying it is OK until we are sure it is OK. Vetsch said I think he
is getting enough water. I think the problem is solved--that it is ~"orking.
Zachman said he will go down. RaatiKka was asked if he had shot the other elevation
by the pond across the road. He had not and it was i nd i ca ted they 1,\/0U 1 d look at
that too.
KACHEtJA UPDATE. Nothing has happened. Berning ~.aid Kacheva, Sr. called today.
Three board members have been out and looKed. Lazer is not sure ~"hat t1r. Kacheva
wants. Vetsch said he IAlill make a point to go out and find out exactly what t1r.
Kacheva, Sr. wants. Berning asked if the person across the road has filled in an
easement why are we not talking to them? It ~"ould seem that if a property owner
filled in, he should take care of it. Vetsch asKed to talK to Mr. Kacheva first.
COUNTY ROADS & TOl,JNSHI P LIABI LITY . Lazer asKed C1 er"K Bern i ng to checK with Mr'.
Dooley. Berning reported there is a liability problem. If we do anything along
county roads, we must contact the county first.
CROW RIVER HIGHLANDS-55th STREET. Zachman reported he looKed again and nothing has
been done for weeks. Vetsch asked if that was the same deal he gave them 24 hours
notice about. It was suggested a letter be written to the escrow holder notifying
them. Raatikka would need to get bids or quotes. Lazer asked Raatikka to come up
with what needs to be done and he could get someone to bid on it. Van Hall made a
mot i on to au thor i ze the townsh i p eng i neer to prepare i nforma 1 specks, obta i n at
least two quotes and get a firm price for worK on 55th Street in Crow River
Highlands, notify the developer~s escrow holder and Frank D~Aig1e. Vetsch seconded
the motion. All voted aye. Mr. Lenz said they would like to be notified before
work is going to be done. Zachman said he would liKe to see it done in August.
Lenz also asKed about payment for last year~s and this year~s crops. He was told
that would be between him and Mr. D~Aigle. That could not come out of escrow.
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DALE~S "66" SIGN. Clerk Berning reported the sign in question is gone.
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GORDY SCHUl"lM-WATER DRAINAGE UPDATE. Zachman was out to looK at the area. Lazer
stated that the pol icy in the township does not permit putting in culverts. Schumm
said there is gravel coming down from the hill behind. He said it would help to dig
the ditch ou t to the sou th. Zachman had some quest i on on whe ther we were talK i ng
about making a ditch or cleaning a ditch. Lazer told Schumm that the township would
not put a culvert in his driveway. He was told the township could probably clean
out the ditch to the south. Something would be done about the ditch.
BARTHEL ROLLING HILLS IMPROVEMENT. Lazer asked RaatikKa for an explanation of what
is to be done so that he could help get bids on the worK. Lazer made a motion to
authorize Chairman of the Board to accept and enter into a contract for the most
responsible quote on worK to be done in Barthel Rolling Hills. Van Hall seconded
the motion. All voted aye.
HALSEY AVENUE UPDATE. Raatikka reported that Halsey Avenue has been worked on for
over two weeks. It is down to sub grade and every time they get ready to gravel, it
rains, so they are now looking at the long range forcast.
RANDY PELLETIER - RELEASE OF ESCROW. Randy Pelletier asked for release on
funds. Raatikka reported that everything is in except a little black dirt.
is $14,400 in escrow and he needs it to payoff some of his bills. Van Hall
motion that all but $1,200 of the Pelletier escrow funds be released.
seconded the motion. All voted aye.
escr at...
There
made a
IJe tsch
BONDS-HALSEY AVENUE. Goodrich said Clerk Berning has a quote of 6.5% for a 10-year
period from the St Michael banK. Goodrich asked how the board wanted to structure
the payments. Do they want them equal over the 10-year period? The board felt they
should be equal, and asked if they could prepay. Yes. Berning also indicated that
normally if a property is sold, the assessment must be paid at that time.
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t1ILLSIDE TAVERN-CIGARETTE LICENSE. Van Hall made a motion to grant a cigarette
license to Millside Tavern. Lazer seconded the motion. All voted aye.
ST MICHAEL PLANNING & ZONING. Berning said St Michael would I ike to have
representatives from Frankfort~s board at their meeting on August 7, at 7:30p.m.,
with the subject of plans for roads perhaps coming up at approximately 8 p.m.
Van Hall made a motion to adjourn at 11:25 p.m. \)etsch seconded the motion. All
voted aye.
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