Alexandria Township
Alexandria, Minnesota 56308
Minutes of the meeting of December 1, 2014
A regular meeting of the Board of Supervisors of Alexandria Township was held on the 1st day of December, 2014 at the Alexandria Township Conference Room, 610 Fillmore Street.
ROLL CALL: Supervisors present were Bryon Alstead, Jul Feuling, Lyle Hammerschmidt, and Russell Niskanen. Also present were Gregg Raisanen, Clerk, and Mona Billmark, Treasurer. As said members formed a quorum and the meeting was called to order by Chairman Alstead at 6:00 p.m.
Feuling, seconded by Hammerschmidt, made a motion to adopt the agenda as presented. Motion carried unanimously.
Hammerschmidt, seconded by Niskanen, made a motion to approve the minutes of the 11/17/2014 regular board meeting as written. Feuling abstained. Motion carried.
Niskanen, seconded by Feuling, made a motion to authorize payment of claims 14253 – 14262 in the amount of $28,160.43, net payroll of $3,649.31, totaling $31,809.74 and a transfer of funds from savings in the amount of $30,000.00. Motion carried unanimously.
CITIZEN’S CONCERNS: No public was present regarding blading of the roads.
TOWNSHIP ATTORNEY: Township Attorney Johnson addressed the status of the agreement between the township and Richard Zunker. He reported the town had mediated a settlement agreement in September 2008 to have all scrap, debris and other materials removed in their entirety over a span of six years, concluding November 30, 2014. Since Mr. Zunker has not complied within the specified timeframe, the agreement provides legal recourse for the township under 1(e) paragraph 4 which states the town can enter the premises for the purpose of removing the materials. The materials can be sold and the proceeds applied towards the cost of cleanup. If the cost of sale is not sufficient to cover the cost of cleanup, the town shall be entitled to a money judgment against Mr. Zunker for the insufficient costs.
Clerk Raisanen asked if granting an extension until August 1, 2015 would constitute a reasonable amount of time to finish the cleanup. Attorney Johnson responded that the board could write a letter stating the township’s willingness to delay enforcement of 1(e) paragraph 4 of the agreement in order to give Mr. Zunker an opportunity to finish the cleanup himself. The letter would need to include a statement that the town is not waiving its rights to enforce the agreement should the cleanup be incomplete. Supervisor Hammerschmidt asked if a monitor should be included as part of the process. Supervisor Feuling suggested revisiting the monitoring process in May or April 2015. Attorney Johnson recommended requiring a response for a commitment to proceed from Mr. Zunker. Hammerschmidt, seconded by Niskanen, made a motion to set the date of completion for removal of all materials as August 1, 2015, that legal counsel write a letter advising Mr. Zunker of the extension of time and requirement of a commitment that it be done by the August 1, 2015 deadline and, if the deadline is not met, indicating the township’s intention to remove the material as per the agreement. Motion carried unanimously.
Attorney Johnson researched the issue of ATV use on township roads. ATVs are allowed by statute on township roads so long as they comply with Minnesota Statutes regarding the use of proper equipment, such as headlights, tail lights, etc.
A resident in the Neewana Beach area had requested permission from the town allowing her to retain and maintain shrubs that are actually on township property. Attorney Johnson stated a private citizen cannot claim adverse possession on public property; however, if the town chose to allow the resident to maintain the hedge, he recommended granting a type of licensure which grants the retention of the shrubs but allows the township to remove it at any time at their discretion. Consensus was to have Clerk Raisanen draft a letter to the resident.
PLANNING AND ZONING: none
ENGINEER’S REPORT: Gary Thompson, owner of Geneva Golf Course, stated that in the interest of public safety, he would be willing to front the cost of an underpass for Neewana Beach Road if the township would bear the cost of blacktopping the road. Clerk Raisanen stated the township normally did not blacktop non-sewered roads but in this situation, since the golf course is on one side of the road, could a future sewer line go in the ditch instead of the middle of the road. Engineer Kuhn responded that is a possibility. Consensus was to have Engineer Kuhn prepare a preliminary blacktop cost estimate for the meeting in January 2015.
Supervisor Niskanen asked if it were possible to utilize the serrated blade on the snowplow so as to not damage the roadway. Engineer Kuhn advised it was dependent upon the amount of pressure exerted on the blade.
OLD BUSINESS: none
NEW BUSINESS: Consensus to schedule the Christmas party for sometime in January 2015.
Being no further business, Feuling, seconded by Hammerschmidt, made a motion to adjourn the meeting. Meeting adjourned at 7:00 p.m.
Respectfully submitted….
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Gregg Raisanen, Clerk
Approved this ____ day of ________, 2014
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Bryon Alstead, Chairman