1990-11-05 Frankfort Town Board 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,, - t~eorge
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 Boax•d meeting were
amended as follows: (1) Page 2, Paragraph 1 is amended to read ".
. .an 8" the 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 iJse
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
were approved on a motion by Lazer, seconded
voted aye.
Gerard Zachman asked the Board when the
will be discussed again. Goodrich explained
the developer, would not be present at tonig
issue would not be addressed by the Board.
on October 24, 1990,
by Melanson. All
Willow Bend project
that Craig Scherber,
it's meeting and the
Melanson made a motion to approve the Orders to be Issued as
presented. Later 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 Raxann 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 6:60 PM on Fridays; and 9:90
AM to 1:OC) PM on Saturdays. Zachman seconded the motion. All
voted aye.
Brad Richardson, representing Christian Builders, requested
site plan approval for a 8Cl' 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 tie
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
t~ir drainage around both rides of tie b~iildi~i~T: Tie g,i.~ildiiig r:itr
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. Later seconded the motion. All voted aye.
Tom Lund requested rezoning and preliminary plat approval far
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.
Laser 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
~~.:~ 9°
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
far 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 ane 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 Wrig~it 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. S, 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 to draft a
amendment to the 87-2 zoning ordinance concerning subdivisions as
recommended by the Planning and Zoning Commission at their October
16, 1990, meeting. Zachman seconded the motion. 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. Later 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 s~.zggested that the
Township determine whose re;~ponsibility it is to extend Nelmar~=.
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. Later
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 $5.0() 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.
Later made a motion to adjourn at 11:10 PM. Zachman seconded
the motion. All voted aye.
L.y
i j
Alfred chm ~ zairman
t
harry"Ber ing, Clerk -