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1991-09-14 Frankfort Town Bd Minutes OJ' ,. I i ,.0 " FRANKFORT TOWN BOARD SEPTEMBER 16, 1991 FranKfort Town Hall 8:00 P.M. ~ Present: Alfred Zachman, Greg Vetsch, Louis La.zer, La.rry 'Jan Hall, Dean Pichler, Treasurer Mary Beth Carlson, ClerK Sharry Berning. Chairman Zachman called the meeting to order, asKing for citizen input and approval of the agenda. LazeI' requested "road questions" be .added under board disciJssion. Zachman added "Richard GutKnecht-2 in 40," and "ChucK BecKer-r1ove.a Building," under Old Business. L.azer made a motion to approve the agenda as amended. Zachman seconded the motion. All voted aye. LazeI' made a motion to approve Town Board minutes of September 3, 1991, seconded by Zachman. All voted a:,1e. ~)an Hall made a mot i on to approl)e mi nutes of TOI..m Board SpeCial Meeting of September 10, 1991, seconded by Vetsch. All voted aye. Township Attorne:,I,~illiam Goodrich arrilJed at 8:06 p.m. Township Treasurer Mary Beth Carlson reported available funds this date of $24,198.62. Carlson gave the board a COD Report. Discussion on Equipment Fund CD, maturing 9/17/91. Carlson was instructed to let it rollover for an additional six-month period. Letters of credit were also 1 isted and those coming dUe soon were pointed out. A budget meeting I,IJas put on the calendar for Tues.day, October 8, 1991, at 7 p.m. Vetsch made a motion to approve orders to be issued with Items 1 and 9 contingent on receiving the bond funds. LazeI' seconded the motion. All voted aye. LANDER AVENUE CULVERT. Board discussion on proposed culvert. It was reported Dale Rolsing is not in favor. Zachman said it would not be possible to do anything this year. No action taken at this time. FRAN DEHl"lER - l.<lATE? ISSUE. Dehmer presented a problem I..IJith water due to a field tile hooKed to a culvert along a township road (30th Street). Previously there had been an ':'pen ;jitch all the 1..lIa)' to Goos.e LaKe. Dehmer req'Jested the culvert be opened. LazeI' disagreed 1.lIith Dehmer"'s assessment of the situation. Zachman asked for comments trom all board memebers, and stated he had done .;ome checking, including 'talking to Nick Zachman 1.lIho originall:, put in the ditch and the tile, as 1..lIell .as adjacent propert:' OI,IJner 80b t1illess, and could not find out who ~lIas respons i bl e for hooK i ng up the t i I e to the cu 1 vel" t. The tO~IJnsh i p had repa ired it, putting it bacK the l,oJa:' it ',oJas found at that time, but someone else had apparently hooKed it up originally. Discussion among board members on the problems involved and I,IJho is responsible. Berning thought if it is in FranKfort/s right of wa:', the;1 should taKe care of it. Vetsch made a motion to open the culvert in question within the Frankfor t TO~IJnsh i p Road R i gh t of l~a:', 'Jan Ha 11 seconded the mot ion. Zachman, Van Hall, Vetsch and LazeI' voted aye. Pichler abstained. FACILITIES COt'lt1ITTEE FOR YOUTH ACTIVITIES - ELK RF)ER SCHOOL DISTRICT. Berning said Charlie Blesener ',oJas asKing for FranKfort.,s position with regard to participating in a joint funding proposal for a district-f.IJide recreation position, since FranKfort has some residents in the ElK River School District. Berning said the cost would be $2 to $3 per capita if FranKfort were to go "in." Pichler said we had not budgeted for this, and he felt it should benefit the entire township if ',oJe ',oJere to participate. Lazer made a motion to decline participatil~n in the District 728 joint funding proposal at this time. Zachman seconded the motion. All voted aye. RELEASE OF ESCROW -RandY P~ll iti~r. ABC Daycare. Berning reported Raatikka said we will not release escrow money to Randy Pellitier at this time beca.use he has not. gotten his sod in yet. HALSEY A~)ENUE. Bern i ng sa i dRaa t i KKa i nd i ca ted Ha 1 s.ey is to be paved ne:< t 'NeeK, as per report from Buffalo Bituminous this date. RESCH 'J~. BE;:;NING DEt.JELOF'M8".IT. ET AL. At t,)rney GeedI' i cM 9a'J~ .in 'Jpda h on p~nd i ng lawsuit, stating he attended a meeting last weeK l,I,Iith de-fense counsel. All ~IJere going to meet out there Thursday, the 12th, 1..lJith ';011 t~sting to see it the problem l,I,Ias ground INater or surface l,I,Iater. The residents ha'.Je mot/ed out. There is fairly substantial damage. Ridgewood De'}ell)pment has gone broKe, so they are no longer a part of the suit. OHAM,' BROTHERS. Goodrich ';aid he receitJed a cop:' of a letter from Omanns" attorne:' to Judge Douglas, l,<Jhich he felt '.lias quite inappropriate, so he intends to send a response. Dat)e ~1elanson, Alfred Zachman and Dean Pichler are named in this suit. KACHEVA. Goodrich said he has not written to Kachevas yet because he has not had a chance to get together 1,o,Jith Pete RaatiKKa. There l""as additional board discussion. It INas suggested that perhaps this could be put on the agenda and all involved in the drainage problem on both sides of the road should be invited to come and discuss what is going to be done. ROBERG - G&K L.ind':':3.D i nl::. G':lI)dr- i ,:h repc'r ted that !3.:,rdc,n R.=,ber9 h.i':. .in at tc,rney (",hct has called him, but the:' have not been able to connect :'eL Pichler said he had talKed to Roberg stating I,IJe I,IJant to visit and see it there is a solution. Roberg said evenings are better. Goodrich suggested he find out what Roberg'S a.ttorney has in mind3.nd that he l,IJill call Pichler after getting in touch I..IJith the attorney. Zachman reconvened the meeting at 9:40 p.m. after a brief breaK. Building OHiCial(.'- Kevin Mealhouse had also arrived. Zachman asKed if board members had any questions._ for Attorney Goodr-ich and then indicated he could be excused. I.~RIGHT COUNTY HU~~ANE :30CIE"T'{ representat i ve 1,lIas not pres.erlt. KENT MUTTERER - :3etb.3.d~ from lake. ~1artin t1cAlpine I,IJas present on behait of Kent ~1u t terer, l,lIho I..\las in the hosp ita 1 . Prospec t i lIe bu:'er .James Cass i dy e:<p 1 a i ned the situation, indicating he had approval of Dale Homuth of the MN Dept of Natural Reso'Jrces, if the to'..IJnship ',lIere to grant a variance. He had hired StetJe Schirmers, S-P Testing Services, to design a septic system, and was now asKing for a change in the setbacK of the septic system to 125 feet and the house to 90 feet maximum. Mealhouse said he could see no problem. The system is supposed to be a mound system. Pichler made a motion to allo~1J a variance for Tract A for a set bacK at 125 feet for a septic s:/stem, and 90 feet for a house, subject to the building official's concurence and the approval of the DNR. Van Hall seconded the motion. All IJoted aye. Before leaving, Martin McAlpine compl imented the board on the past courtesy and helpfulness of both their clerK and building official. FENSTRA-EPICROACHM8~T ONTO PROPERT(. Lazer reported neighbors put in a swimming pool that carne exactly to the property I ine. Trees had also been planted O\Jer the 1 ine. Lazer said this was basically a problem between the property owners, but an attorney sa ids i nce there I,IJas a tOI,l,lnsh i p ord i nance i nvol ved, the tOl,l,lnsh i p '",as i nvol tJed. It was felt property owners could use the ordinance, but the problem was still between proper ty OINners. Bern i ng repor ted she had also rece i'led call s concern i ng an encroachment problem in Berningwood. No action will be taKen at this time. Berning will asK our attorney to repor t on tO~lInsh i p respons i b i 1 i ty. " 's JOWNSHIP ASSESSOR. The board inter~i@wed four people for the po~ition of Township Assessor--Kathleen Barthel, Scott Varner, Tom Zander and Andrew Merges. Lazer also asKed the Count:' Assessor for his opinion. He felt they INould all do a good jOb, but he did not feel that the county INould have the \ime for training Mrs. Barthel, who is not certified, at this time. Van Hall made a motion to appoint Scott Varner to the position of FranKfort. Township Assessor for a period of one year, subject to review at the end of the one-year period. LazeI' seconded the motion. All voted aye. A contract l,<Jill be dra~IIn up bet1Ne>?n the board and ~1r. I.)arner, l,<Jho quoted '~9,OOO. ClerK Berning l,<Jas asKed to l,<Jrite lethrs to the other c;,.ndidates to thanK them for their time and interest. CUL-DE-SAC. COUNTRY ',)IEl,~ ACRES. A problem INas reported concerning a cul-de-sac that the Barthel Bus Company said I,IJas 9" too short to take a school bus in, so that 17 Kids stand on CR 37, creating a dangerous situation. Zachman reported Mr. DeMatteis said the school board I,IJould be taking action on the matter at their meeting this date. GUTKNECHT-2 in 40. Zachman reported Richard GutKnecht asked for board comment. His son-in-law Scott Anderson moved in a house under the 1-in-40 ordinance, taKing 2-1/2 acres. NO~IJ he l,IIants to sell the house and build a house in the I,IJoods. If FranKfort changes the ordinance, could he do it? It was felt this could be allowed if the new ordinance passed, but nothing can be done until that ordinance is passeq. CHUCK 8ECKER-MO\')ING A BIN. Zachman repc,rted ChucK BecKer as.Ked a.bout mC1ving a bin o'.Jer tOI,<Jnship roads into St ~1ichael. ',)etsch rep,)rted that the bin had been mOIJed last Saturday. TIME CHANGE for township meetings was discussed. It was reported Albertville starts at 7:30 and it {,vas thought St ~1ichael meets a.t 7. Lazer made a motI,~n tlJ begin to,..llnship board meetin'~s at 7:30 p.m., commencing l/Ji1:h the October 7,1991, meeting, and r-e'}erting to 8 p.m. after dayl ight salJings time beQin'= again in April, 1992. ~)etsc~1 se,:.)nded the motion. All voted .a:.'e. Berning l,<Jill publi'=h ....nd post this. change. P!J8l:C HE~PWG =OR OPDINF<NCE:: ha: t,een ':e1: fClr Septemb.;>r ~:01 1:'911:o.t 7 p.m. Thi: 1,IJiil be a joint public he;,.ring of the TOI..l/nship Soard .~nd Planning and Zonin,; Comm i=s i .)n . least '~50 approlJed. FOR for OFFICE. Berning reported the need to have a petty cash fund of at the office, 1,llhich I/Jould be put in the safe at night. Request F'~-rT'( CASH CAPE RIDGE. Lazer reported a bu i 1 t on a tO~IJnsh i p road. to'/Jnship 1..<Jill. flooded lot in Cape Ridge upon which a house is being If the builder I,IJill not taKe action necessary, the SI..~ANSCNS Dr~inage. lazer brolJght up, and I..)an Hall said he al:o talKed to property owners. There are no ditches along the side road. They were told there is nothing the township can do without great cost, which would have to be assessed back to home owners. GARY BARTHEL I..oj ill be runn i ng the townsh i p mower. CAPE RIDGE PARK. Jim Hulting I/Jants to clean up the parK in Cape Ridge. Count:,1 said he could not. Question on o'/Jnership I....hich ',lJas shifted-- dedicated to the public. Jim would I iKe to buy, but cannot not sell or give if we do not own. Lazer offered to go to the county commissioners if necessary and try to straighten it out. .. ", I" Page 4, September 16, 1991 It DEAD TRE~S. Laz~r- said if Gary 8arth~1 is l,&Jil1ing h€' 1.'Jill g~t th~ dea.d ti"t?t?s b>' SchJeif'~ removed. He 1..\Jill lend his chain sal,~ IJnti1a decision is made on tOI.....nshi sal,V :,vhic:-l i:.;.t eror,v Ri'.JerR~ntal ':"Jt ':rf ccmmi:siorl. SAR~HE~ ROLLING ~IL:"S. ;:ac:-:man:aid :-iulting tri...d t',\.tic~ to put Q.i't?;. and e:..ch time it raine,j. HOD~':ul1/, if it ,jo€':i1...t rain th i s I.IJeeK. in sod arid oj i 9 .;.n Y ;11or t? i t I.lj i 11 pon'Jing be corl e CRO!.~ PI')E~ HI:3HLc'ND~::. E:erm plJt in fir':.t vJe...~: in :::eptemt,er. Nc. erQ':.j,:;n ':.':' H.r. Rock: need to corne ':lU t. I.)e tsch repor ted tha t Jerr:' Za,:hman ,:Joe': not th inK they ':houloj touch it bE;.u:e the tOI,vnsh i p tol d him to;) put the rocK,: in. He th inKs the to'",n':hip '~h':lu1d take th~m out, because they told him to put them in. Pi,:hler felt the r,;)c~:': I,ve!"'? not .:.. big i':~ue. Hultin'~ I,IJill be asKed it h~ ,,~ill taKe the i'o,:Ks 'Jut. 80th I.)etschand Zachman '.IJill talK to Jerr:, Zachman. Gary Lenz asKed about tar on th€' end which is not now serving any purpose and also reported a lot of washouts I,IJhich need to get filled in. I.)etsch asKed I,IJi"I':l ,je':igned in the first place. Additional discus:ion. '.)an Hall made .:.. mot i c'n to .;.d.j.;)urn at. 10 :47 p.m. Seconde.j b~1 Pichler. All l}ot~d a~/,? . A1frea :a~hman~ Chairman ( Snarr'/' ,.;, ,., . oernllig. C1 e!'~~