Alexandria Township
Alexandria, Minnesota 56308
Minutes of the meeting of September 4, 2013
A regular meeting of the Board of Supervisors of Alexandria Township was held on the 4th day of September, 2013 at the Alexandria Township Conference Room, 610 Fillmore Street.
ROLL CALL: Supervisors present were Bryon Alstead, Jul Feuling, Lyle Hammerschmidt, Joel Dahlheimer and Russell Niskanen. Also present was Gregg Raisanen, Clerk. 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 with the addition of animal ordinance discussion under Old Business. Motion carried unanimously.
Niskanen, seconded by Hammerschmidt, made a motion to approve the minutes of the 08/19/2013 regular board meeting as written. Motion carried unanimously.
Dahlheimer, seconded by Feuling, made a motion to authorize payment of claims 13186 – 13200 in the amount of $27,994.26, net payroll of $5,157.95 totaling $33,152.21 with a transfer of funds from savings in the amount of $30,000.00. Motion carried unanimously.
CITIZEN’S CONCERNS: Chairman Alstead stated the town board would hear comments from the public concerning development of Matt Zimmerman’s lot located on Neewana Beach Road.
Jeff Thompson, 1208 Moorstone Drive, stated he has lived in this area since 1983. Every 4 – 5 years with a heavy rain, water runs off the golf course, over the road and into Mr. Zimmerman’s lot. His concern is that the culvert is unable to withstand the flow of water in a heavy rain event. He also stated that their development has a covenant stipulating if a home is built, it can’t be for immediate resale. Supervisor Feuling noted that the township does not enforce covenants. Supervisor Niskanen asked if there is an overflow area in the event the tile can’t handle the water flow. Engineer Kuhn replied there is an emergency overflow area down the middle of the lot. In this case it runs between the two properties to the back of the lot. He reflected that after making a site visit, he has determined the elevation is virtually flat thus resulting in an increase in flow, not a negligible amount as determined earlier.
Barbara Lund Thompson, 4015 Neewana Beach Road, stated the water has risen to the wellcap on the garage side of her property and she has had standing water in the front of her lot.
Supervisor Niskanen inquired if the overflow could be deepened. Engineer Kuhn responded that is one option, using earthwork to create a channel, swale or ditch. Another option would be an underground pipe for flow. Kim Thompson, 1208 Moorstone Drive, asked who would pay for that remedy. Engineer Kuhn responded that at this time it is not proposed, just presented as an option.
Supervisor Hammerschmidt asked if it would make the pond area smaller; therefore having a larger, quicker buildup should there be a heavier rain. He also commented that fill for the driveway would decrease the storage area for water retention.
Bernie Wyffels, 1206 Moorstone Drive, stated that our snowplows fill the ditches, resulting in standing water.around their house in the spring. He also asked how much fill is presumed to be needed. Mr. Zimmerman stated he did not have those figures as this was still in a preliminary stage.
Barbara Thompson asked if they get flooded as a result of this lot being built upon, who would be responsible for the damage to the neighboring properties? Clerk Raisanen responded that typically water displaced from one property to another is an issue between the property owners.
Supervisor Dahlheimer made the comment that if you displace wetland on one side of the driveway, why not increase it on the other side?
Barbara Thompson asked if the driveway is on the west side and not the east side, would there be setbacks? Zoning Administrator Oleson stated that outside of shoreland there is no setback requirement. He noted that this property is not shoreland. Engineer Kuhn said they can state a preference, and they would prefer it not be on the property line.
Bernie Wyffels asked if they could put a berm on the back property line. Engineer Kuhn explained the criteria associated with water rights. 1) you have to accept the water coming there previously; 2) you are protected in that you are not to receive new water at a higher rate that would negatively impact your property; and 3) if you choose to dam up the water, you could negatively impact property upstream of that dam. Mr. Wyffels also asked about the impact on the road for trucks bringing in fill. Chairman Alstead responded that the township is responsible for the maintenance of the road.
Barbara Thompson asked what infringement there would be on neighboring properties. Engineer Kuhn responded that the trucks can’t infringe upon private property.
Bernie Wyffels asked if the house would meet the ALASD setback for easement.
Kim Thompson asked if the cost of potential flooding would be borne by the neighbors. Chairman Alstead responded affirmatively.
Jeff Thompson asked why notices were not sent to neighbors. Clerk Raisanen responded that since this is informational and not a public hearing, no notice was sent.
Bernie Wyffels commented that two years ago the water was high and the pond was not flowing well on the north side.
Supervisor Niskanen asked who is responsible for wetland areas. Engineer Kuhn stated the township is responsible for the tile; no one for wetlands.
Chairman Alstead closed the public comments portion of the meeting.
PLANNING AND ZONING: Clerk Raisanen stated that Mr. Zimmerman has applied for a building permit and has provided a copy of a mirror image proposal. The proposed structure meets legal setbacks ;however, the issue is in regard to the drainage and the potential impact to the proposed home. The permit is still in review. Under normal circumstances drainage is not considered part of the process; however, this property has special circumstances due to the township’s previously obtaining a drainage easement on the property and the property not being assessed a blacktop assessment. Chairman Alstead asked if the structure will be safe. He also asked what other study is needed. Engineer Kuhn stated that the applicant provided a survey which depicts the drainage patterns on the lot. A more detailed study can be done relating to drainage on surrounding lots. Supervisor Feuling asked how comprehensive a study he recommends, more than the two to the north? Engineer Kuhn said yes. Supervisor Hammerschmidt asked if the pipe is still functioning correctly and that the wetland should be expanded to the east to accommodate the fill for the driveway. Feuling, seconded by Dahlhimer, made a motion to have Engineer Kuhn conduct a more extensive study on drainage into this lot prior to issuing a building permit. Motion carried unanimously.
Zoning Administrator Oleson reported that the planning commission held a public hearing on a conditional use/interim use application by Freehealer Asset Holdings, LLC (Blue Ox Timber Frames) at their August 26th meeting. The applicant proposes to construct a new commercial/industrial building to house timber frame manufacturing and assembly as an expansion to the legal non-conforming business already onsite (Collins Cabinets). The planning commission’s recommendation is to approve the application as a conditional use with five conditions.
Supervisor Feuling stated her concern is not the sale of the non-conforming business but of the expansion and that legally we want to discourage expansion. Oleson replied that in general, we have a provision in our ordinance allowing for special circumstances which would make things better, not worse. The merger of the two businesses (operating independently but managed by one owner) could make things better. The planning commission did not feel it would make things worse since the use was similar to what is currently onsite now. Oleson reiterated that the township consider whether the proposed expansion would be an improvement, stay the same or make conditions worse. Feuling was also concerned that the township be consistent in its rulings. Oleson stated signage would require a separate CUP. He said the applicant is proposing putting two signs on the existing frame. The applicant stated the two businesses operate in a similar manner thus there would be no additional noise and minimal additional traffic.
Supervisor Feuling remarked that a condition be added stating hours of operation. The applicant commented that currently the production staff for Blue Ox is in operation from 7 – 5:30 p.m. Mondays – Thursdays. The Collins Cabinets staff hours would remain unchanged.
Motion by Niskanen, seconded by Hammerschmidt to approve the Freehealer Asset Holdings conditional use application with the five conditions as outlined in the staff report and adding a sixth condition to include hours of operations from 7 a.m. – 7 p.m. Monday – Saturday. Roll: Niskanen – yes, Hammerschmidt – yes, Feuling – yes, Dahlheimer – yes, Alstead – yes. Opposed: none. Motion carried unanimously.
Zoning Administrator Oleson reported that Al Beisner, developer for Geneva Estates, had approached the township regarding the installation of a concrete slab for a common mailbox along a road that would be created in the next phase of his development. He has one house under construction, thus necessitating the need for a mailbox. He wants to put in the common mailbox, approach and concrete slab. Chairman Alstead asked if he had contacted the postal service about the location to which he responded affirmatively. The board had no issues with the location of the mailboxes.
Oleson reported that the planning commission also held a public hearing on a preliminary plat for a three-lot residential subdivision. The hearing was eventually tabled due to a dispute between neighbors on a private easement and the commission concluding that further research was needed on the 10-acre lot requirement. He stated there are two potential variances. The subdivision ordinance stipulates all lots are to front upon a public right-of-way and have access to an improved street or roadway. The proposed back lot of 8 acres has no frontage, only the private easement, which is in dispute. The ordinance also requires subdivisions located within public sanitary sewer district boundaries and the Urban Residential district be serviced by public sanitary sewer systems. Two lots have existing private sewer systems, the proposed back lot would be unbuildable and thus negate the need for sewer. Board consensus is that at least one variance, possibly two. would be required.
ENGINEER’S REPORT: Clerk Raisanen reported we had received a formal agreement from Douglas County for the turnback of County 85 to the township. The agreement stipulates a lump sum payment of $21,000.00. If the board approves, this road would be included on our winter road maintenance contract. Niskanen, seconded by Dahlheimer, made a motion to approve the agreement of the County 85 turnback and the lump sum payment of $21,000.00 to the township. Motion carried unanimously.
Chairman Alstead reported that he had met with Douglas County Sheriff Troy Wolberson to discuss the county’s procedure in enforcing the township’s animal ordinance. Clerk Raisanen commented that the township had asked him to research the city’s ordinance on their definition of a nuisance. Their ordinance constitutes a barking dog in the evening as a nuisance.
NEW BUSINESS: none
Being no further business, Feuling, seconded by Dahlheimer, made a motion to adjourn the meeting. Meeting adjourned at 7:27 p.m.
Respectfully submitted….
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Gregg Raisanen, Clerk
Approved this ____ day of ________, 2013
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Bryon Alstead, Chairman