FRANKLIN TOWNSHIP REGULAR MEETING MINUTES - Wright County
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FRANKLIN TOWNSHIP REGULAR MEETING MINUTES February 1, 2021 At 7:00 p.m. Chairman John Czanstkowski Sr., called this February 1, 2021 Regular Monthly Meeting to order and asked all to stand for the Pledge of Allegiance. Board Members present were; William McMullen, Scott Neumann, Stephanie Russek and Renee Olson. Motion to approve the January 4, 2021 Regular Meeting Minutes Neumann/McMullen M/S/C Unanimous. Motion to increase the allowed number of people at a Township meeting from 10 to 20; 15 residents and 5 board members Neumann/McMullen M/S/C Unanimous. Chairman John Czanstkowski recesses the regular meeting and calls to order the Annual Planning and Zoning Meeting. The Wright County Planning and Zoning Administrator, Sean Riley, is present and he states it has been an interesting year since his last visit a year ago. They have made a lot of changes in the past year; meetings are held virtually by teams and meetings are now in the afternoons for IT reasons. Riley states that last year they had more inground pool permits than they have had in the last three years combined. He states that those that remained employed, had money to spend and invested in their homes and properties. Riley further updates that real estate has more demand than supply at this time. The County Board did approve a treatment facility at the end of 2020. Recently the County Board enacted a solar moratorium on large solar farms. This moratorium does not affect the small solar farms or residential houses. The County Board wanted more time to study issues relating to clean up after decommissioning and other concerns. Riley notes that Franklin Township already has a stand alone ordinance regarding solar. Riley reports that there were no land use plan changes over the past year. Most of the development has been in cities. Riley asks if there are any questions. Czanstkowski asks how many new building permits there were. Riley responds that single family dwellings are the main measure of new building permits and over the last 3 years they have been pretty consistent around 110-120 single dwelling homes per year. During peak times, 1990’s and early 2000’s, the high was approx 220-240 and the low in 2007-2009 was 30-40 homes in a year. Pole sheds and decks have been big building permit demands this year also. DeWayne Bauman asks what prompted the solar moratorium. Riley responds that the County Board prompted this when a lot of projects started popping up again. The State has done studies on how much the decommissioning costs and the County needed to make sure they were planning correctly for this and some other solar unknowns. McMullen talks about the steps the Township has already taken to delineate soils and lets Riley know the Township ordinance is available to them for guidance. Czanstkowski adjourns the Annual Planning & Zoning Meeting and reconvenes the Regular Monthly Meeting. Three quotes have been received for the Township Publication Newspaper. Delano Herald Journal is $25.75 per week and $51.50 for 2 weeks with circulation of 1131, Crow River News quote is $87.07 per week and $174.14 for 2 weeks with a very low circulation in our zip code of 5 and the final quote was received by the Drummer of $64.94 per week and $112.78 for 2 weeks with a circulation of 222. Motion to accept the low bid from the Delano Herald Journal for the official Township Publication Newspaper McMullen/Czanstkowski M/S/C Unanimous. One quote has been received for the Township Recycle Calendar Print Job from Greater MN Printing-Herald Journal for .78 cents per calendar, including postage for a total cost of $819.00 for 1050 calendars.Motion to accept the quote from Greater MN Printing for the Recycle Calendar Print Job McMullen/Neumann M/S/C Unanimous. NEW BUSINESS City of Delano Administrator Phil Kern and Mayor Dale Graunke are present this evening to discuss the George Fake Annexation on 90th Street, PID 208-200-134300. McMullen welcomes the CIty of Delano to our meeting. Before discussing 90th Street, McMullen would like to review the ongoing agreement between the City of Delano and Franklin Township from September of 2005. Before we add another new road to the mix, McMullen would like to review the existing agreement in place covering shared roads, primarily 72nd Street & Davidson Avenue. The 2005 agreement divides up the maintenance and repair of shared roads. When gravel, the Township maintains. When paved, the City takes over the maintenance. The Township does the ditch mowing on shared roads. McMullen states that the Township has had some issues and does not feel there has been resolution to the issues. Citing the agreement, McMullen notes in regards to McKinley/Davidson Ave. it states that it will be developed with 18’ travel 1
lanes. After the County Road 30 round-about was built in 2020, the lanes are now 17’. In the agreement, 72nd Street states the City will pave from HIghway 12 up to Davidson at the same time they do Davidson and 85th Street. It also states that the City was going to pave Davidson from County Road 30 to 72nd. The City has not done that. McMullen continues that in August an additional development was approved called DC Ranch. The Township was surprised that a development would be approved without at least consulting the Township, since a Township Road is the only road into that development. In August we approached the City of Delano wondering how the City was going to manage 72nd going forward. Kern states that he and Mayor Graunke are here tonight hoping to extend the agreement to include 90th Street and County Line Road which has been annexed. Kern states that this development is different. The proposed development area is in the middle of 90th Street and the land around it is not proposed at this time. Kern responds to the other roads McMullen mentioned; Davidson/Mckinley was done in 2006 and upon completion did not receive objection from the Township at the time or over the past 13 years. McMullen disagrees and states that the Township has grinned and bared it for 13 years. Kern states that the City intends to pave 72nd Street, as the agreement reads. The plan is to finish it at the same time that McKinley Parkway is finished. Neither are done right now. The City does not have jurisdiction around the west intersection. Kern states that if the Township wants the City to complete something where they do not have jurisdiction, he can bring that back to the City. McMullen states the agreement is 15 years old and nothing has happened. Kern states that nothing has happened in these areas, no homes built. McMullen states the agreement does not state the work will be done when houses are built, it just says it will be done. McMullen talks about 72nd and paving. Kern believes things are being twisted. The discussion shifts to 90th Street and the recent annexation. McMullen says we sent a letter in December with our basic guidelines for the road. Kern states that the planning commission has not done anything with it yet. He further states if these are our objections, he can get our wants in front of the planning commission. He is here tonight to talk about development that will affect both the Township and the City. The City understands our requests and as their plan is put together, they will seek our input. Czanstkowski states we need to work together and concurs that the travel lanes on Davidson are too narrow for farm equipment. Czanstkowski asks if the median will be continued. Kern said there is no construction plan. He is willing to take our desires back to the City and see how it can fit into the development plan. Resident DeWayne Bauman asks why the median is as wide as it is heading north. Kern does not recall the design specifications, but believes the long term Co Rd 30 and Hwy 12 connection was designed to accommodate potentially two lanes of traffic in the future. The intention of the McKinley Parkway is to connect directly to the industrial park. Mayor Graunke asks how many farmers use Davidson and Czanstkowski responds that there are quite a few. Graunke states that as long as there are proper markers on the equipment under the implement of husbandry rule, you can drive on the wrong side of the road legally. Czanstkowski states that as we move forward, when the issues come up that affect both the City and the Township, it would be nice to have input before the meetings and decisions. In following that spirit, Kern asks with respect to the planning for 90th Street, if the Township is ok with them coming up with the plan, understanding our requests. McMullen states that we have given guidelines for the road in our December letter and we ask that you do your best to meet those guidelines, then show us what you come up with. McMullen stresses that we expect there will be no assessments to homeowners. Discussion about the significant frost boils that will be an issue for a paved road and further discussion that our new road standard is a 10 ton road. Questions about paving from County Road 17 around to Maria Lane and paving the entire strip of 90th from County Road 17 to County Line Road and then to Maria Lane. Kern responds that one of the requirements is that a traffic study needs to be done before he can answer those questions. Existing and future road traffic needs to be determined. No commitments have been made if they are going to pave the whole thing. Kern does not think it is right for the City to come and say this is where we are going. The correct approach is to get the data and sit down and look at it together. Kern did not come tonight to pin anything down about 90th Street or any other past developments. He understands there is animosity and issues from the past. He would like to move ahead the correct way. Kern states that safety standards will outweigh what the City or Township wants. If the study comes back and says something needs to be done, it needs to be done. The City and the Township both agree that 85th Street is a great example of what we are trying to achieve in these and future developments. Kern believes he will be seeing an application next week for this development, which will kick off all of the requirements, including the traffic study. Based on when they are seeking approval, he believes the traffic study could be back sometime in March. Czanstkowski asks if we can be emailed or notified somehow if there is a meeting that is going to impact the Township. Kern said he will do his best but also acknowledges that he does not always know if a certain area is 2
something we are interested in knowing about. He again says he will do his best. McMullen asks Kern to inquire back at the City about dates for planning regarding Davidson and 72nd in the near future. Herb & Shelly Walkman, residents who own the property directly west of annexation/development are present this evening. They express that they would like all of 90th Street paved. In December, City of Delano, Alan Brixius told them the City was going to push off the rest of the blacktopping of the road until the area is further developed. Brixius figured all the traffic would be making a left turn to County Line Road and then to Hwy 12. The Walkmans believe an equal amount will be going to County Road 17 and into town. The entire west side of the property is in floodplain, so they wonder how any of that would be developed further. 90th Street residents, Tim & Lesley Parsons are present this evening and their concern is the amount of people that go down Woods Creek. These vehicles are going to come out of the subdivision and go to County Road 17, which is already a mess certain times of the year. They are strong proponents that 90th Street needs to be paved. She is also concerned that they are going to be assessed if the road is not paved as part of the development now and has to be paved in the future. Kern responds that what gets paved is a direct result of the traffic study. McMullen states that it does not make sense to have an orphan road that does not get paved. McMullen agrees that there is a lot of traffic and the residents' concerns are valid. McMullen says there will not be assessments for Franklin Township residents for any work done on this road. McMullen states we have always held that stipulation. Neumann asks how many lots are the subdivision. 111 lots per Kern. Neumann asks if there is a phasing plan. Kern responds that it will be submitted with their application, but he believes they are talking about three stages. Czanstkowski circles back to Davidson and 72nd Street and asks Kern what he thinks is going to happen in the near future. Kern says he does not have jurisdiction, it is a Township road. He continues that if the Township really wants this done, he will take it back to the board and get some answers. The Franklin Township Board would like him to do that. Resident DeWayne Bauman appreciates Bill's concern and thinks it is time everyone communicates a little better. There are far too many unanswered emails and phone calls. Resident Dick Bauman asks if there are any issues on shared cost of grading. McMullen says no and continues that the road crews communicate well and share resources well. Cedar Lake Estates; LInda Splettstoeszer and Dale Dingman are present this evening to discuss Franklin Ponds. The board asks them first for an update on their current development, Cedar Lake Estates. They respond that there is one lot left to sell and the model is just about done. Dingman says the model will be in the parade of homes this year. Linda shares that all the homes in this development are selling between 1 and 1.4 million dollars. Splettstoeszer and Dingman state they are looking at finishing the development and building in Franklin Ponds. They have concerns about the road. The board has previously approved the development to remain granite but feel, from a marketing perspective, that they cannot build high end homes on a granite road. They would like to know if they can blacktop in the development even though Deegan Ave. is granite. The policy of the town board is that you are to pave the development to the next connecting road, to a reasonable distance. McMullen makes a suggestion of Otta Seal for this connection. McMullen wonders if it would make sense to go up the road a mile or so and do the Otta Seal (reasonably priced alternative). With this scenario, you would be connecting the development to a paved road. McMullen reminds them that to pave inside the project, you need to connect to a paved road. We cannot create orphan roads and need the paved surfaces to connect to another paved surface. McMullen continues that blacktopping a project is a 2 edged sword for the township due to maintenance needed every couple years. Blacktop costs more than a gravel or granite road. The current agreement states that a PUD should be paved to 10 ton standard plus paved to the nearest blacktop. This policy is in place for a reason. Our experience shows us that in a short time the residents of the development will be wanting the rest of the road blacktopped. We are reasonable, but we do not want to get stuck with an orphan paved road that connects only to granite. Splettstoeszer asks if the Township would prefer to leave it all granite and McMullen responds yes with also fixing up Deegan. Splettstoeszer believes the Township is not going to get Franklin Ponds developed and McMullen responds that that is fine too. Dingman says to make financial sense for the project, all he can do is blacktop the project, not more on the road. 3
Resident DeWayne Bauman adds that the board needs to be consistent with all the other developers and cannot make changes late in the game. The Fountain Hill Winery liquor license has expired. They purchased a seasonal license, but thought they purchased an annual license. The board has no issue with renewal. Motion to approve the liquor license renewal request Czanstkowski/McMullen M/S/C Unanimous. Russek presents the LRIP Application for 40th Street. Part of the application requires a local Town Board motion. Czanstkowski reads the proposed Resolution: WHEREAS:The Township of Franklin is submitting an application for LRIP Funding WHEREAS:The proposed improvements to 40th Street SE meet eligibility requirements for LRIP funding. BE IT RESOLVED: The Township of Franklin is committed to covering all costs related to engineering, inspection right of way acquisition, if any, as well as any LRIP eligible items in excess of the grant amount. BE IT FURTHER RESOLVED: The proposed project can be constructed in Fiscal Year 2021 construction season if LRIP funds are received for the project. Motion to pass the Resolution for the LRIP 40th Street Application Czanstkowski/Neumann M/S/C Unanimous. There have been 2 junk complaints received from residents regarding 105th Street SE. McMullen has visited the properties. Russek asks the board to define a process for when these calls are received. At what point does the Township get involved? Czanstkowski believes there is a fine line between respecting neighbors and having privacy on your own property. There is a resident present this evening and he states that basically the whole neighborhood is complaining about the two properties. Junk is spread out from the properties. There is a pride of ownership in the neighborhood. The resident says he can talk with the home owners, but has not been told that there are any teeth beyond that. Who is he supposed to turn to? McMullen says Wright County has the power to react. There is an ordinance in place, but there are many steps before the County considers getting involved. The resident feels there has to be a standard for people to live up to. The board discusses the process going forward when a junk complaint is received. After a complaint is made the supervisor assigned to that section of the Township will visit the property. If the supervisor feels future action is needed, Clerk Russek will send a letter to the property owner letting them know we have received a complaint and that we will be reviewing their property at our next Township meeting and that they are welcome to come to that meeting. Russek will send a letter to the two residences on 105th Street, following the procedure. Perma-Zyme road option has been presented to the Township. McMullen reports that he feels this is a good product to do a test strip on. He explains further that the Enzyme binds with the clay in the ground. Their claim is that it is a good enough bind that it holds the road together and you will not need dust control. The process is to go down at least 6 inches and turn the soil to loosen the road. Then take the water truck and semi compact it and then spray with the enzyme and pack it again hard. Before we move ahead we need to take a soil sample to ensure there is enough clay in the road for the enzyme to bind to. Neumann questions if it is worth the risk to take the road and tear it up. After discussion the board agrees If the samples come back good, will we take the risk to do a 1 mile or ½ mile test section. Neumann does not see this product as dust control. It is designed to stabilize the road and is suitable for typical traffic, not truck traffic. If the test section is from a granite road, Neumann feels we will have a problem with granite. Granite comes out of a quarry, he does not think it is going to work since the clay is not present. McMullen points out that the Township roads were very heavy clay before the granite. Every year we lose some of the granite. He feels we will find a mixture of granite and clay. That is why McMullen would like to take a sample. The trial itself is about $6,000. Neumann does not feel it is practical that our maintenance employees will be able to do it on their own and feels a contractor could do the test in about 1 day. He continues that the tricky thing is about getting the moisture content close to optimum. Neumann thinks this will work great for a road we have bad frost boils on. The company does have a guarantee that if it fails, we get the money back for the enzyme itself. The board decides to take some samples from three areas; the continuation of Eaken past the Otta Seal test, the gravel road that leads into 4
Fountain Lake and finally the 1 mile strip on 72nd from Brighton Avenue to Meridian Avenue. Neumann will talk with a company called Rock Solid about the test. McMullen will get the soil samples for the test. Clerk Russek informs the board that currently we are over pledged for collateral at CorTrust Bank. CorTrust is trying to reduce the amount they have in excess. The board is fine with this and makes a Motion that the Clerk/Treasurer be responsible for maintaining our relationship with the bank that meets the township and standards required by law McMullen/Czanstkowski MSC Unanimous. Clerk Russek lays out the bonding process Couri has advised her on for the potential bonding of 40th Street and Krienkeville. Per Couri, our Engineer takes the first step by preparing a feasibility study for both roads. Once that information is back, we are able to determine cost, cost of bond, payback etc. Couri notes that the Township is financially strong and should be able to proceed with bonding. The board feels the time is right for bonding to take advantage of great interest rates and get some much needed work completed. Board discussion about having everything needed for 40th from past work. Krienkeville will take some time. Do we reclaim or mill it? Neumann also addresses replacing culverts in Krienkeville. The board is in favor of doing the feasibility study for both locations. McMullen will contact Hakanson/Anderson to get things started. Once the studies come back, McMullen will manage Krienkeville and Neumann will manage 40th Street. Clerk Russek reports that there has been no new information regarding running the Annual Meeting from MAT. Russek has prepared the election publications and has put in the publication the call in option for residents. McMullen has written an addition to the dust control solicit. He would like Deputy Olson to check with the companies to confirm the measurement of .3 does mean gallons per linear foot. Motion to solicit for dust control not to exceed $100,000 with modified language McMullen/Neumann M/S/C Unanimous. Motion to Solicit for Gravel/granite that we have in the budget per standard procedure McMullen/Czanstkowski M/S/C Unanimous. Neumann informs the board that he hears there may be a granite material slightly out of spec that is cheaper than Class 2. Neumann will follow up with him. Motion to Solicit for Gravel/granite hauling per normal procedure McMullenCzanstkowski M/S/C Unanimous. Motion verifying vacation and PTO for Maintenance employees 4th Quarter McMullen/Czanstkowski M/S/C Unanimous. Motion for fund balance transfer dated December 31, 2020 of $59.00 to be taken out of the Cedar Lake escrow fund and put into the General Fund to reimburse payroll expenses for the 4th Quarter of the year 2020. Czanstkowski/Neumann M/S/C Unanimous. OLD BUSINESS DELEGATED BOARD RESPONSIBILITIES; NEUMANN 57th Street will be tabled to next meeting. RUSSEK LRIP application is ready to go and will be sent to Virgil at Wright County. OTHER The 2021 Local Board of Appeal and Equalization meeting has been set for April 28, 4:00 pm at the Town Hall. A response has been received from the City of Delano in regards to the Marlette vs City of Delano claim. OPPORTUNITY FOR PUBLIC COMMENT Resident DeWayne Bauman is present and discusses solar moratorium and what kind of land he feels should be used for solar. 5
Motion to approve claims #16052 through #16056 total amount claimed $1,632.27 dated 1-1-2021, to approve claims #16057 through #16070 total amount claimed $18,806.04 dated 1-6-2021, and to approve claims #16071 through #16082 for $116,810.85 dated 1-20-2021including Delano Municipal Utilities ACH McMullen/Czanstkowski M/S/C Unanimous. At 10:23 p.m. Motion to adjourn this February 1, 2021 Regular Meeting Czanstkowski/Neumann M/S/C Unanimous. Respectfully Submitted, ___________________________ Stephanie Russek, Clerk/Treasurer ____________________________ John Czanstkowski, Chairman 6
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