1991-05-06 Franfort Town Bd Minutes
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FRANKFORT TOWN BOARD
MAY 6, 1991
F~anKfo~t Town Hall
8:30 PM
P~esent: Alfred Zachman, Louis Laze~, G~ego~y Vetsch, T~easu~e~ Ma~y
Beth Ca~lson, Cle~K Sha~~y Be~ning, Atto~ney Will iam Good~ich,
Building Inspecto~ Randy Ma~sh.
Chai~man Zachman called the meeting to o~de~.
Zachman made a mot i on to app~ove the m i nu tes of
Town Boa~d meeting. Vetsch seconded the motion.
the Ap~i1 15,
All voted aye.
1 991 ,
Vetsch
motion.
made a mot i on
All voted aye.
to
app~ove
the
agenda.
Laze~
seconded
the
T~easu~e~ Ma~y Beth Ca~lson ~epo~ted a Gene~a1 Fund balance on today~s
date of $43,349.06. The savings account balance as of today is
$290.50. A c1a~ification was ~equested on payment to Jay Ca~lson fo~
assistance to Building Inspecto~ Randy Ma~sh. Payment to Jay Ca~lson
should be deducted f~om the sa1a~y of Randy Ma~sh.
Ca~ 1 son ~epo~ ted the banK wa~~an tin the amoun t of $40,000 was a
90-day note at 6-1/2% i n te~est. She fu~ the~ ~epor. ted as a ma t te~ of
info~mation that inte~est ~ates a~e going down, including those on
inte~est bea~ing checKing accounts, savings accounts and CD~s.
Ve tsch made a
notw i thstand i ng
maximum $25,000.
motion to affi~m the action in bo~~owjng $40,000,
that the minutes of Ap~i1 15, 1991, autho~ized a
Laze~ seconded the motion. All voted aye.
Zachman made a motic.n to app~ove the O~de~s to be I~.sued.
seconded the motion. All voted aye.
Ve t sc h
Building Inspecto~ Randy Ma~sh ~epo~ted building pe~mits issued in the
township fo~ one house, two season po~ches and one ga~age addition.
RECYCLING. P.J. HANSON, D/B/A WRIGHT RECYCLING, ~epo~ted the p~ice is
dec~easing on aluminum and some glass, the~e is not a g~eat ma~Ket fo~
pape~, and plastic involves mo~e handl ing and space. He explained the
diffe~ent classes of plastic. Hanson is p~oposing a cont~act fo~ 850
houses at $1 pe~ house pe~ month. Laze~ made a motion to cont~act, as
amended, wi th P.J. Hanson fo~ ~ecycl ing th~ough May 6, 1992, at the
~ate of $850 pe~ month. Vetsch seconded the motion. All voted aye.
The~e was fu~ the~ discuss i on cone~n i ng a f 1 ye~ to all townsh i p
~esidents, which would include a ca1enda~ and inst~uctions on
p~epa~ation of mate~ia1s fo~ ~ecyc1 ing and including the addition of
ce~tain plastics. C1e~K Be~ning and Chai~man Zachman will wo~K on
this and it will be del ive~ed th~ough ADS.
CONTAMINATED SOl L ORDINANCE. At to~ney Good~ i ch p~esen ted a p~oposed
O~dinance on Contaminated Soil #91 which would be an amendment of
O~dinance 87-4, the townships~s Zoning and Building O~dinance,
~equi~ing the Planning and Zoning Commission to have a pub1 ic hea~ing.
This will be scheduled fo~ the May 21, 1991, meeting.
May 6, 1991 - Page 2
MILEY GJERTSEN was not p~esent at the meeting but had ~equested,
th~ough the c1e~K, di~ection f~om the boa~d conce~ning pu~suit of a
va~ i ance. Cl e~K Be~n i ng was i nst~uc ted to te 11 Gj e~sten tha t he has
the ~ight to apply fo~ a va~iance and hold a public hea~ing, but that
some boa~d membe~s had exp~essed some conce~ns.
AGREEMENT FOR EASEMENT acqu i sit i on and d~a i nage i mp~ovemen t be tween
Thomas and Jane Wa1te~s and F~anKfo~t Township, and between Lloyd and
E1 eano~e Da I uge and F~anKfo~ t Townsh i p we~e signed and nota~ i zed and
deeds will be filed.
J&:B WHOLESALE site plan. Township Enginee~ Pete~ RaatiKKa a~~ived
befo~e 9:30 p.m. Atto~ney John G~ies on behalf of J &: B Wholesale,
summa~ized what had been done to this point, including appea~ance
befo~e the P&:Z Commission and befo~e this boa~d. He felt the
outstanding issue is the Kind of sc~eening ~equi~ed on the no~th 1 ine.
He though t the boa~d had app~oved the p~esen t ha~d su~face fo~ the
d~iveway at the Janua~y 7, 1991 meeting, since the~e would be no new
d~iveway o~ pa~King lot, the p~oposa1 being only fo~ a di~ectly
attached additioon. The d~ainage would not be changed; 2.
Landscaping and sc~eening - Bob Hageman of J&:B ag~eed to a ~ow of pine
o~ sp~uce on the no~th side, three to six feet minimum; 3. The
d~iveway is Class 5 with g~anite topping. No new pa~King o~ d~iveway
will be added, and any adjoining will be b~ought up in 1 ine with the
existing; 4. The~e is a culve~t unde~ the enti~e d~iveway a~ea.
Dr.ainage will be maintained to the west. It wa~. ~equested that ....T&:B
p~ovide an esc~ow amount of $4,000--eithe~ a lette~ of c~edit o~ cash
e~.c~ow. Laze~ made a motion to autho~ize the board chai~man to
examine the site plan fo~ J&:B Wholesale as p~esented and as amended
fo~ app~ova 1 . Ve t~.ch seconded the mot i on. All voted aye. G~ i es
commented on the fou~ appea~ances of J&:B befo~e the boa~d and the
g~owth f~om 45 to 113 employees since the fi~st appea~ance. They hope
to maintain a good ~e1ationship in the futu~e.
KEVIN &: JONI SCHMIDT - CUP APPROVAL REQUEST - The boa~d ~eviewed the
findings of fact f~om the Planning and Zoning Commission. Louis Laze~
fe1 t this was not a p~ope~ home extended business, indicated the size
of the building was in violation of the o~iginal building pe~mit and
was 1a~ge~ than should be fo~ a home extended business. John G~ies
was p~esent on behalf of the Schmidts, and indicated they would ag~ee
to use only 2,000 feet of the building fo~ a maximum of th~ee yea~s.
The boa~d decided to adopt thei~ own findings of fact as follows:
1. Natu~e of Land: App~oximately 14 ac~es, A9~icu1tu~e, with the
C~ow Hassan Pa~K ac~oss the ~ive~.
2. Adjoining land is ag~icu1tu~al.
3. The~e is a nea~by g~ave1 pit with a simi 1a~ conditional use
pe~mit.
4. App~oximately one t~ucK a day with the heaviest load being 6,000
pounds would use adjoining ~oads.
5. Within the township the~e is one othe~ simila~ conditional use.
6. The use will not be unduly dange~ous o~ othe~wise det~imenta1 to
pe~sons ~esiding o~ wo~King in the vicinity of the use, o~ to the.
pub1 ic we1fa~e.
7. It will not substantially adve~se1y impai~ the use, enjoyment o~
ma~Ket value of any su~~ounding p~ope~ty.
8. The p~oposed use would not change the essential cha~acter of that
a~ea.
May 6, 1991 - Page 3
9. The p~oposed use would not be haza~dous o~ distu~bin9 to existing
o~ futu~e neighbo~ing uses.
10. The p~oposed use would not be a substantial imp~ovement to
p~ope~ty in the immediate vicinity and to the community as a
whole.
11. The p~oposed use would be se~ved adequately by essential pub I ic
facilities and se~vices.
12. The p~oposed use would not c~eate excessive additional
~equi~ements at pub1 ic cost fo~ pub1 ic faci1 ities and se~vices o~
be detrimental to the economic we1fa~e of the community.
13. App1 icant states painting will be done in a paint booth which
confo~ms with OSHA and EPA standa~ds.
14. App1 icant states he will have two pa~t time employees at the
site.
15. Site is an existing 7200 squa~e foot building. App1 icant
p~oposes to use 2,000 squa~e feet fo~ this Home Extended
Business.
16. App1 icant states the site will be se~ved by app~oximately two
t~ucK d~ops pe~ weeK in addition to no~mal ~esidential t~affic.
17. App1 icant ag~eed that this CUP be issued fo~ a maximum th~ee-
yea~ pe~iod.
18. App1 icant states he will be painting at the site fo~ a maximum of
two to th~ee half days pe~ month.
19. The building const~ucted does not confo~m to the dimensions fo~
which the o~igina1 building pe~mit was issued.
Vetsch made a motion to adopt the~.e findings of fact. Zachman
seconded the motion. The~e was additional discussion conce~ning the
di ffe~ence between a home occupat i on and a home extended busi ness.
Louis Laze~ again exp~essed his opposition to this type of business as
a home extended business. Chai~man Zachman called fo~ a vote on the
motion. All voted aye.
Laze~ made a motion to g~ant a Conditional Use Pe~mit with the p~oviso
the business would be moved out in two to th~ee yea~s, unless the a~ea
was ~ezoned to comme~cia1 o~ indust~ia1 and that the building be used
only fo~ sto~age of pe~sona1 p~ope~ty. Afte~ discussion, Laze~
withd~ew his motion. Zachman made a motion that Atto~ney Good~ich be
di~ected to p~epa~e a p~oposed CUP, based on the findings of fact, to
be b~ought to the boa~d fo~ thei~ app~ova1 at the t-1ay 20, 1991,
meeting. Laze~ seconded the motion. All voted aye.
RANDY &: NANCY PELLETI ER Cond i t i ona 1 Use Pe~m it. Randy Pe 11 e t i e~
info~med the boa~d the~e was a change in that the building would be a
56 X 57 foot wood f~ame building with steel siding. The pa~King lot
would accommodate twenty (20) pa~King spaces. The~e was discussion
conce~ning the landscaping and ~~eening ~equi~ements. It was ag~eed
a ~ow each of deciduous t~ees and th~ee foot pines would be added to
the site plan. Laze~ made a motion to g~ant the Conditional Use
Pe~mit subject to all conditions in the May 1, 1991, 1ette~ f~om the
townsh i p eng i nee~, with sc~een i ng ~ecommenda t ions by the eng i nee~ .
Vetsch seconded the motion. All voted aye.
FRANKLIN OUTDOOR ADVERTISING. Vetsch made a motion to issue a
Conditional Use Pe~mit to F~anK1 in Outdoo~ Adve~tising as d~afted in
the sett1 ement at di st~ i ct cou~t and wi th the addi t i ona1 va~ i ance
g~anted this evening. Laze~ seconded the motion. All voted aye.
May 6, 1991 - Page 4
HALSEY A~)ENUE inte~est ~ate. Vetsch made a motion that the inte~est
~ate on Halsey Avenue imp~ovement be set at 8-1/2% and that the publ ic
hea~ing be ~eschedu1ed to May 20 at 7:30 p.m. Zachman seconded the
motion. All voted aye.
BUILDING OFFICIAL. Inte~'Jiews we~e conducted ea~l ie~ today fo~ the
position of Building Official/Zoning Enfo~cement. Laze~ made a motion
that Kevin Mea1house be appointed to the position of Building
Official/Zoning Enfo~cement, effective immediately, with a meeting to
be scheduled as soon as possible to settle the te~ms of the
apointment. Vetsch seconded the motion. All voted aye. Laze~ made a
fu~the~ motion to asK Jay ca~lson to act as a bacKup when Mea1house is
not available. Vetsch seconded the motion. All voted aye.
JIM PETERSON ag~eement with F~anKfo~t Township. Pete RaatiKKa
p~esented an ag~eement fo~ a TH 101 se~vice ~oad between Co Rd. 36 &:
60th st~eet, whe~eby the township would be ~esponsib1e fo~ plans and
specs and the bidding p~ocedu~e and the state would then pay the cost
of con~.t~uction. Laze~ made a motion to go ahead with the agr.eement
as p~esented. Vetsch seconded the motion. All voted aye.
FOSTER HI LLS 1 e t te~ of c~ed it exp i ~ed Ma~ch 19, 1990.
RaatiKKa will contact Steve Scha~be~.
Enginee~ Pete
BARTHEL ROLLING HILLS. The Chai~man and cle~K will p~epa~e a 1ette~
with a deadline fo~ maKing necessa~y co~~ections in Ba~the1 Rolling
Hills.
FEASIBILITY STUDY 50TH ~.: Maclve~. Laze~ made a motion tCI accept the
feasibility study and hold a pu1ic hea~ing on May 28. Zachman
seconded the motion. Zachman and Laze~ voted aye. Vetsch abstained.
AWARD BIDS.
BlacKtopping
the motion.
Laze~ made a motion to accept the Class 5 bid of Pionee~
in the amount of $25,850 ($4.70 yd). Zachman seconded
All voted aye.
Laze~ made a motion to accept the bid fo~ bituminous sealcoating f~om
Bituminous Roadways, Inc. in the amount of $18,262.46. Vetsch
seconded the motion. All voted aye.
VARIANCE REQUEST ~ece i ved f~om
Vista 2nd Add it ion. Th i s will
talK to the county fu~the~.
the coun ty fo~
~equi~e a pu1 ic
Lot 1, BlocK 1 LaKe
hea~ing. Laze~ will
LIQUOR LICENSE RENEWAL. Laze~ made a motion to app~ove 1 iquo~
licenses fo~ Fox Hollow Golf Club and Mi11side Tave~n, subject to
app~ova1 of the County Atto~ney and the County She~ i ff~s Off i ce.
Vetsch seconded the motion. All voted aye.
5491 Qui11ey Avenue NE update. The Town Enginee~ and Chai~man talKed
to "'t~. P~ i ce at 5491 Qu ill ey Avenue NE and he ag~eed to change the
d~ainage so that wate~ would d~ain in the manne~ in which app~oved in
the plat.
Zachman OK fo~ used wa te~ d~a in pipe p~ov i ded the~e is adequa te
jointin .
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May 6, 1991 - Page 5
COUNTRY ~)!EW ACRES DRAINAGE. Ve~nette Zachman told Laze~ he doesn~t
wan t any mo~e wa te~. The~e is st ill a quest i on as to whe~e the
p~ob1 em is. Tom Schany states -No p~ob1 em wi th i t afte~ it 1 eaves.
Laze~ wi 11 tal K fu~the~.
WILLOW BEND. GERARD ZACHMAN exp~essed his displeasu~e with the wate~
~unning out of Willow Bend. His fields a~e unde~ wate~ and he cannot
plo'lJ. M~. Lenz was also conce~ned. G. Zachman--a be~m should be
const~ucted. Chaj~man A1f~ed Zachman indicated he has been in contact
with C~a i g Sche~be~. Sche~be~ sa i d he did ~a i se the diKe. The
p~ob1em is not settled. Sche~be~ will be contacted fu~the~.
DUST CONTROL costs will be assessed with payment up f~ont. The boa~d
will get someone to apply it.
Question conce~ning the numbe~ of people who have
cu 1 ve~ ts. These will be sen t to the coun ty and will
tax statements.
not paid fo~
go on p~ope~ ty
PCA concerns on p~ope~ ty in the town~.h i p
unable to get bacK in touch with peA.
Char- iman Zachman was
Lenz b~ought up anothe~ conce~n in his a~ea where cattle have leveled
co~n. Chai~man Zachman indicated Je~~y Zachman will handle.
Ve tsch made a mot i on
seconded the motion.
to adj ou~n at
All voted aye.
12: 40 a. m. ,
t-lay 7,
1991 .
Laze~
A1f~ed Zachman, Chai~man
Sha~~y Be~ning, Cle~K