SEPTEMBER PLANNING & ZONING MEETING MINUTES

SEPTEMBER 22, 2009

The meeting was called to order at 7:00 PM by planning commission chairman Larry Birnbaum.  Present for the meeting were commission members Kathy Meyer, Biron Wipson and Larry Birnbaum, building/zoning administrator Marty Paavola, supervisors Greg Andrews, Jeff Bachke and John Goman, clerk Patti Alander and 5 in the audience.  Absent were deputy clerk Cammy Hansen, commission members Steve Kossett, Bob Whitmyer and Herb Dallum.

Jeff took a few minutes before we began the meeting and introduced John Goman as the interim supervisor replacing  John Werner who has been activated and is currently deployed to Afghanistan.

A motion to approve the July 21^st meeting minutes as presented was made by Biron with a second by Kathy.  Motion carried with minutes to be placed on file.

A motion to approve the August 19^th meeting minutes as presented was made by Kathy with a second by Biron. Motion carried with minutes to be placed on file.

CORRESPONDENCE.

A.      Greg Schmaedeke   Property located at the intersection of Kolstad and E. Calvary Road.  Property is zoned Limited Industrial Use.  A letter was sent from Marty regarding the trailer, boat and other miscellaneous equipment stored on the property.  Outside storage is allowed with performance standards.  The commission  stated another letter needs to be sent to the property owner asking him to remove the trailer.  The building is vacant. 

B.      Judi Walters 4193 W. Calvary Road.   A letter was sent to her giving her 30 days to clean up the property.  The residents from Willard Road were concerned because a letter was sent to her last fall for clean up of the property and she stated it would be completed by the end of October 2008 and the town did not follow thru. The Town has sent her a second letter giving her 30 days.  That letter expires on October 10, 2009.  The audience gave the commission members pictures of the property along with the pictures Marty had.  The town needs to review our ordinances for the continuing sale going on this property.   Dennis Arthur asked if the town has contacted the Minnesota Department of Revenue regarding the sales to see if sales tax is being paid by the property owner?

Jeff explained to the audience what the planning commission has done to resolve properties in the township that need correction.  The commission spent a day driving and reviewing the properties.  They  rated the properties according to visibility and health and safety issues.  The town and commission have been and are addressing them according to that rating.  However, as you all know the cleanup of properties is a slow and expensive process and the town only has so much money.

A recommendation from the residents in the audience was to research and develop a nuisance ordinance in order to address this type of properties.  The ordinance needs to have consequences and also teeth in it so the properties are cleaned.

BUSINESS FROM THE FLOOR.  Shane Begley from AT&T mobility was here to discuss the change in the height and location for the communication tower on Ed Erickson’s property.  The new tower will be a 190 foot monopole down from a 300 foot guyed tower.  The new tower would not have a light.  The location of the tower has changed.   The access road to the tower site will be entirely on the Erickson property and not on the property line.    Based on this information a new public hearing for a conditional use permit for the tower will need to be scheduled.    John asked if a letter could be sent to the property owners affected?  Marty stated the first hearing was controversial.  A hearing needs to be held so the residents can be heard.  Greg doesn’t see why another hearing is necessary, since the property has been approved for a tower.  Marty stated the location has changed significantly and the height of the tower has changed.  The location will make a difference to the property owners.  Jeff stated the public hearing would be to amend the permit, not to deny the permit.  Marty stated we need to talk to our attorney to see how we handle this.

OLD BUSINESS.

A.      August annual review of Conditional Use Permits.

1.       William Sazama 3896 E. Calvary Road.  The concern of the commission members is the lack of landscaping on the property.  The CUP doesn’t require landscaping.   Mr. Sazama doesn’t  mow his property.

2.       David Ostrander 5065 Jean Duluth Road.   Mr. Ostrander has outside storage of equipment which is not allowed on his CUP.  A letter needs to be sent to him stating he is in violation of the conditions of his CUP and it will be revoked in 60 days if the violation is not corrected.

3.       John Lueck 5366 Arnold Road. The revocation of his CUP letter has been sent and expires the end of October.

4.       Letourneau Borrow pit on Rice Lake Road.  The revocation of his CUP letter has been sent and expires the end of October.

B.      2009 Condemnation List.  This was discussed earlier.

C.      Richard Kobus.  W. Calvary Road rezone. 

We have not heard from Mr. Kobus, but the public hearing to consider this rezone application will be conducted up receipt of his petition.

D.      Gary Grew variance.   Patti reported the town is going to the next step in the process.  The Board of adjustment denied Mr. Grew’s variance application.  Mr. Grew appealed the town’s decision, so the request went to district court.  A trial was held and the judge overruled our decision.  The town Board decided to take the judge’s decision to the next level.  This application and all the follow up will be reviewed by a tribunal of judges on the next level.  More to come on this decision.

NEW BUSINESS.

A.      Charley’s Auto Sales.  He would like an additional location for the sales of cars.  He is looking at leasing the property owned by Russ Tomaino on Rice Lake Frontage Road.  Currently there is an auto sales operation on this site.  The property is zoned for this commercial operation.

B.       4276 Gothenberg Road fire.   This is our first fire escrow account. We have not heard from the insurance agent.  Cammy will follow up on this. 

C.      Fulda residence.  4202 Willard Road.  Marty has received a complaint on this property.  He gave the commission members present pictures of the property.  The property owners are concerned this property will become an area for excess vehicles and junk.  The accessory structure he has on the property does not meet the set back from the road requirements.  A suggestion was for Marty to call the property owner and discuss these issues.

D.      Minnesota Tower Arnold Road location. See business from the floor.

E.       Universal Properties:  The Board of Adjustment will be conducting a public hearing on Tuesday September 29^th at 6:00 PM to consider the variance application.

F.       The next meeting of the commission will be Tuesday October 20, 2009 @7:00 PM.

BUSINESS FROM THE FLOOR.

                Jim Martin 4243 Willard Road.  He has a question regarding stop signs.  He would like to see stop signs on the Willard and Rutter and the Rutter and Kingston Road and Rutter and Fayre Road.   The traffic speeds through the intersections.  Some of the intersections have stop signs going north and south but not east and west.  The Board will research this and get back to him.  If the town can install the signs or have the signs installed they will.

Having nothing further to discuss a motion for adjournment was made by Biron with a second by Kathy.  Motion carried.