SYLVAN TOWNSHIP

REGULAR BOARD OF SUPERVISORS MEETING MINUTES

SEPTEMBER 17, 2015

(Recorded for Transcription Purposes Only)

Call to Order/Pledge of Allegiance/Roll Call: Chair Booth called the meeting to order at 7:00 PM and the Pledge of Allegiance was said. Those present: Supervisors Roland Anderson, John Wulff, Arlene Schmit, Greg Booth, Yvette Adelman-Dullinger and Faith Broberg, Clerk/Treasurer. Sign-In Sheet attached.

Agenda: Supervisor Wulff moved to approve the amended agenda, seconded by Supervisor Adelman-Dullinger and the motion carried.

Clerk/Treasurer’s Report –

Minutes Regular Board of Supervisors Meeting 09-03-2015 – Supervisor Wulff moved to approve the minutes as amended, seconded by Supervisor Adelman-Dullinger and the motion carried with Chair Booth abstaining.

August 2015 Financial Balances – Supervisor Schmit moved to approve the August 2015 Financial Balances, seconded by Supervisor Anderson and the motion carried.

Authorize Clerk to Move Money from Savings to Checking – Supervisor Wulff moved to approve the Clerk moving $15,000 from the Savings Account to the Checking Account, with $7500 going into the General Fund and $7500 going into the Road and Bridge Fund, seconded by Supervisor Adelman-Dullinger and the motion carried.

Public Input -

Wayne Cabot – 4288 Red River Trail SW – here to hear the plans for Outlot A which is further down on the agenda.

Steven Clark – 2193 132nd Street SW – Steven has developed a landscaping plan which the Board is moving forward with for the Town Hall. Supervisor Adelman-Dullinger moved to approve hiring Steven Clark as a temporary employee to do the landscaping, pending approval of the background check, seconded by Supervisor Anderson and the motion carried.

Mike Wetzel – 4095 Lake Placid Blvd. - here also to hear the plans for Outlot A.

Curt Hanssen – 4053 Lake Placid Blvd. – here also for Outlot A.

Old Business/Reports -

Road Projects Report – Bryan Drown – Township’s Road Projects Engineer –

Mr. Drown reported that Tri-City had submitted their last IC 134 Form so we can do their final payment.

Deer Ridge Road SW – Supervisor Anderson and Bryan Drown went out and inspected Deer Ridge Road that the residents on that road are going to have paved with the intent that the Township will eventually take over as a Township road. Before the Township would take this road over as a Township road there would be a waiting period of (2) two years after the road was paved. The ditches do not run all the way along the road and are not shaped real well. Also, it was noticed that from the shoulder out it needs to be cleared a minimum of 10 feet. The road hugs the right-of-way on one side of the road. The large tree is located ½ on Jim Nielson’s property and the other half is in the road right-of-way. There was discussion that the road should be aligned in the middle of the road. Bryan Drown feels that the residents on Deer Ridge Road SW are looking for guidance on the road before they pave. Supervisor Anderson feels that they will be able to give the residents of Deer Ridge Road SW better information after we have our joint meeting with the Planning Commission on the revised Road Standards.

There was discussion on roads that have been in the Township for a long period of time and maybe they wouldn’t meet our present Road Standards but with the revised definition of roads that Dave Johnson and Scott Hendrickson have developed the Township could take them over for maintenance.

Draft Road Standard Ordinance – Bryan Drown – asked if he needed to just write down his comments/opinions on the Revised Road Standard’s Ordinance or did they want him to attend the joint meeting with the Planning Commission. Chair Booth thought he could just put down his comments on paper.

125th Street SW- 37th Avenue SW -- Inspected by Bryan Drown and Supervisor Anderson - 125th Street is on the 5 Year Road Plan for next year. Some of the areas on 125th Street SW are narrow and would require some grading and aligning. If the Board is thinking of doing this in 2016 than Bryan could start the field work. In July of 2014, Bryan had given the Township an amount of $280,000 w/20% contingency for paving 125th Street SW, 37th Avenue SW and 33rd Avenue SW -- Because of the cost, we might have to make this a two or three year project. We can discuss this at our next meeting.

Pavement Management - Chip Seal – An alternative to paving --- Starting at the Township line on 122nd Street and going into Baxter on Cedar Scenic, this stretch is an example of doing chip sealing on a road (more of a rural road) to extend the life of the paving another 5-7 years. Chip sealing (oil placed on the road, then a fine aggregate that they roll, then they sweep it and add more oil over the top) would cost approximately $25,000 to $30,000/mile. Supervisor Schmit brought up Crow Wing Circle and 43rd Avenue SW which she and Bryan had looked at. These roads you wouldn’t put chip sealing on as they don’t have a good enough base.

OUTLOT A

Some Background on Outlot A --- 10 Years ago the Board closed the Causeway because of safety concerns. It was somewhat narrow. Someone has now bought Outlot A. Some feel that Outlot A shouldn’t have been sold as it is a road bed. The agreement between Mr. Sullivan and the Township was that Outlot A would become a public fishing area. Subsequent to that John Sullivan passed away. Now, another individual claims ownership of the road even though the Township has not vacated the road.

Supervisors Anderson and Adelman-Dullinger attended the District 11 meeting and discussed Outlot A with the Minnesota Association of Township’s Attorney. A “No Trespassing” Sign was posted on Outlot A and has since removed. The rocks, used as barricades, need to be replace to prevent someone from getting seriously hurt. The Township (August 20, 2015) did a motion to send a letter stating that the rocks need to be replaced where they were previously located for safety reasons. The Township can claim Road Right-of-way by usage since snow plowing on Outlot A west end about 50’ for 6 years. The Township has discussed putting in a turnaround for the snow plow and putting in another culvert.

Supervisor Anderson recommends to the Town Board that we should send this to our Attorney to establish ownership.

Curt Hanssen – he would like to see no culvert ever.

Wayne Chabot – has heard of the possibility of putting in a culvert. Mr. Chabot said that a bunch of resident had spent $20,000 to have the culvert removed. He would not want to see the culvert installed. Otherwise, how would those residents who spent money to have the culvert removed be reimbursed? He would want to have input if the Board is going to do something out there.

Chair Booth – the main reason for closing the road was for safety reasons and the cost to bring the road up to Township Standards. Secondary, was the boat traffic.

Mike Wetzel – he doesn’t want any more of his tax money going into this thing until we know who owns it. If the Township owns it, he doesn’t want anything done with the road.

The next step would be to turn the file over to the Township attorney.

Kathy Chabot says that since Kevin has cleaned up the property; the area is much improved.

Supervisor Adelman-Dullinger moved to have the Township Attorney review the file and determine ownership on Outlot A and the legal status of the recorded road, seconded by Supervisor Schmit. Supervisor Anderson feels we should also have the Attorney take in the cul du sac on the East side (Block 1) and Outlot A. Supervisor Anderson made an amendment to the motion to include the west side, seconded by Supervisor Adelman-Dullinger and the amendment to the original motion passed. The question was called on the original motion and that passed.

Road Supervisors Report – Supervisor Anderson has a written report on roads.

Holmvig Claim – there was discussion on what the lowboy was used for. It was used to haul equipment (excavator, bobcat, etc.) to the project. There was discussion on the expense of bringing the equipment to the Township, the charges aren’t supposed to start until they reach the Sylvan Township line. Supervisor Anderson will check into this.

Supervisor Wulff had a question regarding leaning/hanging trees and Dave Enblom, Cass County Highway Engineer said to not go onto private property to remove these trees—the Township can only remove trees in the right-of-way—otherwise talk to the homeowner.

Complaint on 13th Avenue SW – West side—before Camp Jim

Needs fixing –sugar sand. Keeps pulling the bus over. Supervisor Anderson will look at and talk with Brad and add class 5 or recycled asphalt.

120th and 18th Avenue SW – needs smoothing out as the sod was pulled up from mowing.

There was discussion on Q3 working in the Township in regard to X-cel Energy.

They could be hooking up some lines or doing testing.

Fall Grading – will start the 1st of October.

Supervisor Anderson was hoping to get to Arrowhead this fall where we have a work order to clean out the ditch.

Mowing – had a work order for full mowing on the north side of State Hwy 210 and on the south side one pass.

Supervisor Anderson has pictures of some of the roads in the Township:

Gregory Drive SW – runs into both Sylvan and Fairview Township.

Fairview Township – overlaying their portion of Gregory Drive. Supervisor Anderson feels this would be a good candidate for chip sealing.

W. Gull River RD SW – leaning tree. MPL owns this property.

37th Avenue SW- Shared Road with City of Pillager – by Dollar General—had a 4” drop from the tar to the gravel. City of Pillager’s maintenance fixed the problem here. Picture of drainage ditch here.

Pine Tree Lane SW – looks good, grass coming in except by the entrance--isn’t real good.

Deer Ridge Road SW – nowhere near ready to pave. Ditching on the north side, nothing on the south side.

Outlot A in Bigwater – on east side “No Parking” signs – these need to be removed if on our road right-of-way.

Outlot A – West – shows cable across—not Sylvan’s cable – dangerous.

Outlot A – has been very clean in the last 3-4months.

Outlot A – west side – not enough room for plowing and turning around. Supervisor Anderson presented a diagram of a turnaround.

Supervisor Anderson has purchase some Road right-of-way boundary signs that we can install where the pins are on Outlot A defining the Township’s road easement. There was discussion on getting the barricades moved back to where they belong.

Planning Commission (PC)

PC Liaison – Supervisor Adelman-Dullinger – passed around an article on the Blandin Paper Company that was talked about at the District 11 meeting she had attended.

Grant Writer – Supervisor Adelman-Dullinger got the name of the grant writer that the Fire Association uses. She charges $40/hour – she would give a quote up front. We would have to do the research for her.

Feedlots – the PC has been looking at getting a moratorium put on feedlots to give the PC time to develop an ordinance. The PC had a resident (Charles Benzie) attend their meeting on Thursday, September 10th, 2015 complaining about the dead cattle on feedlots. Supervisor Adelman-Dullinger had an article from the Brainerd Dispatch (August 21-2015) regarding the MPCA taking public comments on the permit that Crow Wing Feeders is applying for to expand their operation by 4000 more cattle. The Planning Commission has made a recommendation to the Town Board to place a moratorium on feedlots and to petition the MPCA to hold a public hearing in regard to the modified permit based on Crow Wing Feeders history and Sylvan Township’s Comprehensive Plan with the letter being submitted to the MPCA office by 4:30 PM on Friday, September 18, 2015.

Chair Booth believes that Crow Wing Feeders would not fall under the Sylvan Commercial Permitting as they are Agricultural.

Supervisor Adelman-Dullinger reported that the existing feedlot operation is for 1600-1800 head and are applying for up to 4000 head of cattle.

Public comments would go to Rhonda Adkins (MPCA) by Friday, September 18, 2015.

The PC would like it denied as Crow Wing Feeders were previously in violations in 2010 with a fine of $15,000 and violations again in 2015 for $30,000.

Supervisor Adelman-Dullinger moved to send comments to the MPCA stating our concern over the expansion of 4000 additional head due to the violations incurring substantial fines that Crow Wing Feeders has incurred in the recent past and that

we would also like a public hearing before MPCA issues a permit, seconded by Supervisor Schmit and the motion carried.

Supervisor Adelman-Dullinger moved that the Sylvan Town Board place a one year moratorium on any more feedlots or feedlot expansions until the PC finishes their ordinance, seconded by Supervisor Schmit.

Discussion followed regarding the Fillmore Feedlot Ordinance that the PC is looking at following some of their ideas/policies. Supervisor Schmit thought that the PC Liaison should contact Rhonda Adkins and find out what she feels would be the amount of setback a feedlot should be before water quality is not affected.

Chair Booth wants to be sure the Township would want to take this on as it is a lot of work and a lot of hearings that would be required.

The question was called and the motion carried.

Supervisor Adelman-Dullinger said that along with having a feedlot ordinance the Township would need to have a Board member appointed as a feedlot officer which would go along with the ordinance.