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1990-11-05 Frankfort Town Bd Minutes FRANKFORT TOWN BOARD November 5, 1990 Frankfort Town Hall 8:00 PM PRESENT: Louis Lazer, Dave Melanson. Alfred Zachman, Clerk Sharry Berning, Treasurer Mary Beth Carlson, Attorney Bill Goodrich, Engineer Peter Raatikka Chairman Zachman called the meeting to order. The following items were added to the agenda for discussion: (1) traffic counters, (2) the possibility of having a five person Board, (3) Highway 101 meeting. Item #8 - Woodmer, Inc., - George Weber - Spec building foundation was dropped from the agenda as requested by Weber. Melanson made a motion to approve the agenda as amended. Lazer seconded the motion. All voted aye. The minutes of the October 15, 1990, Town Board meeting were amended as follows: (1) Page 2, Paragraph 1 is amended to read" . .an 8" tile would be used for draining the water on the east side of MacKenzie Avenue." (2) Page 2, Paragraph 3 is amended to read "the township did contribute to the costs. . ." (3) Page 4, Paragraph 3 is amended to read ". . . and grant a Conditional Use Permit to Alfred and Rosie Zachman.. " Lazer made a motion to approve the amended minutes. Zachman seconded the motion. All voted aye. The minutes of the special meeting held on October 24, 1990, were approved on a motion by Lazer, seconded by Melanson. All voted aye. Gerard Zachman asked the Board when the Willow Bend project will be discussed again. Goodrich explained that Craig Scherber, the developer, would not be present at tonight's meeting and the issue would not be addressed by the Board. Melanson made a motion to approve the Orders to be Issued as presented. Lazer seconded the motion. All voted aye. Treasurer Mary Beth Carlson reported a General Fund balance on today's date of $15,638.64 and a savings account balance of $2,063.13. Roxann Zachman requested a Conditional Use Permit to operate a nail and tanning salon in Unit 201 of the Crow River Motel. The Minnesota Department of Commerce has licensed Zachman's business. The existing 2' X 7' sign complies with Township ordinances. Parking spaces for the motel will serve the nail and tanning salon and are of sufficient number. The Board reviewed the minutes of the October 16, 1990, public hearing. Melanson made a motion to grant Roxann Zachman a Conditional Use Permit to operate a nail and tanning salon in Unit 201, subject to maintenance of the state issued licence and operating hours as follows: 9:00 AM to 8:00 PM Wednesdays and Thursdays; 9:00 AM to 6:00 PM on Fridays; and 9:00 AM to 1:00 PM on Saturdays. Zachman seconded the motion. All voted aye. Brad Richardson, representing Christian Builders, requested site plan approval for a 80' X 120' spec building to be constructed on Lot 1, Block 1, Crow River Industrial Park 2nd Addition. Richardson explained that there is no lessee for the building at this time. The Board reviewed the minutes of the October 16, 1990, Planning and Zoning Commission meeting. Mrs. Warner, one of the adjoining property owners, expressed concerns that the building will be on the lowest spot and could be flooded after a heavy rain. Richardson explained that the plan is to run the drainage around both sides of the building, The building site will be raised about one foot above the highest existing point. The Board told Richardson to provide the township engineer with the elevations of the property so that he can determine if the drainage plan is adequate. The Board specifically indicated that the drainage from the proposed building is the responsibility of the builder and owner and that draining this lot will in no way impede the drainage from neighboring properties. Melanson made a motion to approve the request from Christian Builders to construct a spec building on Lot 1, Block 1, Crow River Industrial Park 2nd Addition, subject to the owner entering into a Site Plan Agreement with the Township. Lazer seconded the motion. All voted aye. Tom Lund requested rezoning and preliminary plat approval for The Pines. The Pines consists of two 150' wide lots running from 20th Street NE to Beebe Lake. The Board reviewed the minutes of the October 23, 1990, public hearing and the letter dated October 19, 1990, from the township engineer outlining his recommendations. Lund asked that he be exempted from having to pay for one-half of the costs of improving 20th Street NE bordering on his plat. He feels that the street is used mainly by people going to Beebe Lake. He indicated that the township has requested that Wright County blacktop the road. The Board explained that although the County has been asked to improve the street, the request was denied. Lund will have to pay for one half of the improvement costs just as other developers have been required to pay. If the street is eventually blacktopped with funds other than from the township, the money collected from Lund for improving the street will be returned. The Board agreed to allow the two lots to use the existing driveway by granting a variance. If future subdivision occurs, the driveway will have to be improved with an adequate turnaround. Lazer made a motion to rezone the property from A-1 to R-1, S-2. Melanson seconded the motion. All voted aye. Zachman made a motion to grant preliminary plat approval to Tom Lund for The Pines, contingent upon the following: (1) The requirements listed in the October 19, 1990, letter from township engineer Peter Raatikka will be met. (2) The developer enters into a Developer's Agreement with the township which requires a deposit of escrow for the upgrading on one-half of 20th Street in an amount to be determined by the township engineer, payment of $400 in administrative fees, and payment of park dedication fees in the amount of $275. (3) The Board agrees to grant a variance for the existing driveway to be shared by both lots. The Board grants this variance because in the past the township has approved a common driveway in other areas of the township, the existing driveway is in good condition, and there will be only one access onto the township road. (4) The Board will not resolve any disputes over the use of this driveway. Lazer seconded the motion. All voted aye. Goodrich will check if Wright County Planning and Zoning has to review the plat as well. Mike Potter requested reinstatement of Preliminary Plat approval for Potter's Commercial Park. He explained that he was unaware of a time limit on his approval. Goodrich explained that state law states a plat must be finalized within two years. Potter has until June 5, 1991, to finalize his plat. If the plat is not finalized by that date, his preliminary plat approval will expire and he must reapply. Lazer questioned how the assessment was handled in the Berningwood development. He has heard that four residents were not assessed. Goodrich explained that the assessment in the amount of $450 was completely voluntary. The attorney was directed to draft a park board ordinance for the township. Goodrich will consult with the planner before drafting the ordinance. An attorney/client privilege meeting will be held on November 12, 1990, at 10:00 AM to discuss the Franklin Sign lawsuit. Melanson made a motion directing the attorney amendment to the 87-2 zoning ordinance concerning recommended by the Planning and Zoning Commission 16, 1990, meeting. Zachman seconded the motion. to draft a subdivisions as at their October All voted aye. The Board reviewed the quarterly recycling report. The clerk was directed to order another 100 recycling containers. ~, Raatikka reported that he will meet with Duane Barthel this week concerning the drainage problems in the Barthel Rolling Hills development. Raatikka recommended final payment to Buffalo Bituminous for blacktopping in the Berningwood development and miscellaneous repairs. Lazer made a motion to approve final payment of $1,501.01 to Buffalo Bituminous. Melanson seconded the motion. All voted aye. The Board decided to send a letter to Terry Kelly of Theco, Inc., listing the additional landscaping that must be done on the site. The Township will continue to hold his escrow for the seeding and additional landscaping. Raatikka recommended that the $30,900 escrow amount for the Shandosy Hills development be reduced to $10,000. Melanson made a motion to reduce the Letter of Credit for Shandosy Hills from $30,900 to $10,000. Lazer seconded the motion. All voted aye. Raatikka recommended that the $18,900 Letter of Credit for the Schandosy Hills East development be reduced to $10,000. Prior to the release of the escrow, Raatikka suggested that the Township determine whose responsibility it is to extend Nelmark Avenue to the north. Tom Schany, the developer of the project, addressed the Board to explain how and why the cul-de-sac was moved. The Board reviewed Schany's November 5, 1990, letter concerning this issue and a copy of his letter dated September 20, 1990, addressed to the township engineer. Schany also presented his check for $389.98 to pay for the culvert to be used when the street is extended. Melanson made a motion to reduce the escrow amount for Schandosy Hills East from $18,900 to $10,000. Lazer seconded the motion. All voted aye. Raatikka recommended the escrow deposit for the Fox Hollow development be reduced to $10,000. Melanson made a motion to reduce the escrow for the Fox Hollow development to $10,000. Lazer seconded the motion. All voted aye. Raatikka reported that Jeff Lindenfelser has given him a quote of $5.00 per foot for digging in the pipe in the Greenhaven Estates area. This price does not include the cost of the pipe or the cost of ditching. The total cost of the project will be around $8,200. The Board directed Raatikka to get an estimate from Meiny's Diggers for the work before a decision is reached. The Board will hold a special meeting on November 12, 1990, at 10:30 AM to discuss the drainage problem in regards to the joint powers agreement with the City of Albertville. Raatikka presented a letter dated November 5, 1990, concerning the water problem at the Wayne Roiger residence on Nabor Avenue for the Board to review. The attorney was directed to check into the Barfnack law, which deals with the cutting of brush and trees along roads. The Board was informed that Shirley Leppa's request to spread contaminated soils from Das Milch Haus was not approved by the MPCA and the soils have been hauled out of the area. Zachman explained that there is a problem with the traffic counters the township has purchased. Zachman agreed to exchange the counters as soon as he gets to St. Cloud. The attorney was directed to get information on how to establish a five member Town Board to the Board for consideration. Melanson reported that he has gotten complaints from the residents along River Road about the number of trucks from Barthel's using the road. The clerk was directed to write a letter to Barthel's reporting these complaints and requesting their cooperation in resolving the complaints by using County Road 19 instead of River Road. Gerard Zachman requested that the Board discuss the Willow Bend project tonight as stated in the October 15, 1990, minutes of the Town Board meeting. Lazer made a motion to adjourn at 11:10 PM. Zachman seconded the motion. All voted aye.