SYLVAN TOWNSHIP

REGULAR BOARD OF SUPERVISORSMEETING MINUTES

SEPTEMBER 03,2015

(Recorded for Transcription Purposes Only)

CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL: Vice Chair Wulff called the meeting to order at 7:00 PM and the Pledge of Allegiance was said. Those present: Supervisors Roland Anderson, Arlene Schmit, Yvette Adelman-Dullinger, John Wulff, and Clerk/Treasurer Faith Broberg. Sign-In Sheet attached. Excused Absence: Greg Booth.

AGENDA: Supervisor Schmit moved to approve the agenda as amended, seconded by Supervisor Anderson and the motion carried.

CLERK/TREASURER’S REPORT

Minutes of Regular Board Meeting August 20, 2015 – Supervisor Schmit moved to approve the minutes as amended, seconded by Supervisor Adelman-Dullinger and the motion carried.

August Financial Balances 2015 – Supervisor Adelman-Dullinger moved to table the August financials to the next Board meeting to give the Board members time to review, seconded by Supervisor Anderson and the motion carried.

Authorize Clerk to Move $26,000.00—Supervisor Anderson moved to authorize the Clerk to move $26,000 from the High Yield Savings Account to the Checking Account ($3,000 Park, $5,000 General Fund and $18,000 Road & Bridge Fund), seconded by Supervisor Adelman-Dullinger and the motion carried.

Public Input

Jim Nielsen—Deer Ridge Road SW – Mr. Nielsen was present to inform the Town Board that the residents on Deer Ridge Road SW are having Deer Ridge Road SW paved with the intent of Sylvan Township taking over the road as a Township road in a couple of years. Mr. Nielsen had pictures of the road alignment and shaping of the road and the road will be 18’ blacktop, 1’ shoulders and an 80’ radius cul du sac. There is a 7’ ditch and a rain garden at the bottom of the hill. They are asking the Board for their opinion, if there is anything they should do now before paving, regarding the road that they are building. The road should be tarred by the Board’s next meeting on September 17, 2015. There was discussion that the Board would like to see two (2) foot shoulders. Supervisor Anderson would like to have our Road Engineer, Bryan Drown’s opinion of the road. Supervisor Anderson feels that the Board should look at the road before tarring. Supervisor Anderson moved to have Bryan Drown review the road making suggestions and with the proposed new classifications of roads, seconded by Supervisor Adelman-Dullinger. There was discussion on the classification of rustic roads. According to the proposed new classifications, this road would be characterized as a local road. A draft copy of the revised Driveway and Road Ordinance will be sent to Bryan Drown for his review. The question was called and the motion carried.

Steven Clark – present to discuss the landscaping on the Town Hall front yard.

Supervisors Schmit and Adelman - Dullinger had met with Steven and reviewed the plan. There was discussion on the purchase of a live tree and large rock for the front yard. Time frame – Steven would start on Saturday, September 5 and be completed the same day. The large rock would cost $50.00 and would be delivered to the Town Hall. The material estimate is $685.60 plus plants at $157.43. The budget for this project is $1500.00. Supervisor Adelman-Dullinger moved to prepay Steven Clark $850.00 for supplies and plants for the landscaping project, seconded by Supervisor Schmit. Supervisor Anderson brought up the sales tax that Steven would have to pay.

There was discussion on the Township getting the materials with a tax exemption. The Clerk will call Landsburg and see if they would allow Steven to charge the materials to the Township. Arrangements were made that Vice Chair Wulff would come into the Town Hall on Friday morning to sign checks for Steven Clark, if needed.

Old Business/Reports

Road Projects Report – Bryan Drown – Bryan had the Final Pay Estimates for Pine Tree Lane and 127th Street SW that was done by Tri-City Paving. Supervisor Anderson moved to pay Tri-City Paving $4,572.35 the final pay voucher, seconded by Supervisor Adelman-Dullinger and the motion carried. The IC-134 forms are still needed before final payment.

Bryan asked the Town Board if they were planning on doing a road project in 2016. If so, now is a good time to get the survey work done before the snow falls. The next road on the 5 year road plan is 125th Street SW. The design and survey work could be done this fall. Supervisor Anderson will look at this road with Bryan.

Fairview – Road East of Pillager Lake – Supervisor Anderson has talked with Marla Yoho, Clerk for Fairview Township. Marla asked Supervisor Anderson if the Township would consider maintaining the road. There are 4 Sylvan residents who live on this road. Part of the road is in Sylvan Township and the other part is in Fairview Township. Supervisor Anderson informed Marla that the road is a private road and that the Township cannot maintain a private road.

Road Supervisors Road Report –

Logs Chipped in Carlyon Park – Holmvig Excavating has chipped the logs that were stored in the park from the storm damage. The logger that is removing trees for the Township in the Park has an interest in them. After discussion on what the Township should do with them, Supervisor Adelman-Dullinger moved to allow the logger to take the wood chips from Carlyon Sylvan Lake Park if he wants them, seconded by Supervisor Schmit and the motion carried.

District 11 Meeting – Supervisors Anderson and Adelman-Dullinger attended this meeting:

  • Learned that Townships should not take over a road for (2) two years after it was paved.
  • Blandin Paper Company – went to tax court and said they were being assessed by 40’s and they wanted to be assessed by the block of 1000 acres. The judge ruled in favor of Blandin and some of the Townships were then losing money ($15,000 - $20,000) in having to repay taxes paid and also had to pay retro for 3 years. So the Townships need to be careful. Sylvan has land that is owned by Potlatch and the BNSF and even plats where there are parcels that haven’t sold that could affect the Township regarding assessments.
  • Supervisor Anderson also expressed his thanks, along with the rest of the Board members, to Holmvig Excavating and his crew for the excellent work that they have done in regard to the two major wind storms that went through the Township. We haven’t had any complaints.

Supervisors Anderson and Adelman-Dullinger talked with the Minnesota Association of Township’s (MAT) Attorney (who gives legal opinions) at the District 11 meeting regarding Outlot A. They found out:

  • That it is a misdemeanor for someone to remove public property— MN Statute §160.2715
  • Township use for 6 years - maintaining – snowplowing – is a Township road by usage. MN Statute §160.05.

There was discussion on the difficulty of plowing snow in this area (needs a better cul-du-sac) and – can we remove the two trees that are located there. The Township closed the road about 14 years ago. Supervisor Adelman-Dullinger said that the MAT Attorney said that if the Township leaves a road for 25 years then the Township cannot spend money on it without the voters’ approval at an Annual Town Meeting.

Supervisor Adelman-Dullinger has gotten information from the Fire Association on who they use for writing grants. She will get in contact with her.

The Township has received the survey results from Arro Surveying on Outlot A in the Castle Addition to Bigwater Plat. There were questions regarding the Easement Survey which shows an existing 66 foot road easement north of where the Red River Trail is located.

Sylvan LaneSW– will be cutting and patching on Tuesday.

Overhanging branches–Brad Holmvig asked if the leaning and overhanging branches need to be cut down. Supervisor Anderson mentioned that these are covered under the July 13th storm. He also feels that we need to complete the work that was from the storm so the Township can include those expenses for the Homeland Security Emergency Management.

Regarding cutting down trees in Road Right-of-Way – Supervisor Adelman-Dullinger read that trees located in the road right-of-way are considered the landowners. It was decided to ask Cass County what they are doing regarding trees in the road right-of-way.

Planning Commission

PC Liaison – Supervisor Adelman-Dullinger reported that they haven’t had their meeting yet.

Review of Sylvan’s Revised Driveway and Roads Standard’s Ordinance –

Supervisor Anderson made some comments regarding culverts – at a seminar it was mentioned that plastic culverts are okay to use—there are only two things that were mentioned negatively; 1) they burn and 2) in wetlands they tend to float. For driveways - there is nothing wrong with these culverts being plastic. Plastic culverts are not mentioned in this revised ordinance. On page 7 of the revised ordinance it says that the culverts should be galvanized. Supervisor Anderson would like it to read either galvanized steel or plastic.

Supervisor Wulff mentioned that the purpose is stated for private and public driveway entrances as they are located within the Township right-of-way and which enter onto Sylvan Township’s public road system. Supervisor Adelman-Dullinger explained that the purpose was to ultimately hand this ordinance to residents and would be a “one stop shop” with everything in one packet that we could hand them.

Section Two – General Provisions and Conditions – Supervisor Wulff says it sounds like all roads to be accepted would have a 66’ road right-of-way. Supervisor Adelman-Dullinger explained how developers usually bring in their plats and the Planning Commission makes recommendations to the County and that if the developer wants the Township to take over the road as a Township road they need to bring the road up to Township standards which includes paving. Looking at Deer Ridge Road, which has been in existence for some time, does not have a 66’ road right-of-way.

There was discussion on the definitions of Road Classifications that Dave Johnson, Chair of the Planning Commission (PC) and Scott Hendrickson, a PC member have worked on.

Supervisor Schmit reminded the Board that (according to the seminar they attended) we should include that a road will not be taken over for two years after it has been paved.

There was discussion that we should meet with the Planning Commission to go over the document and work just on the ordinance. It was suggested that we could have a joint meeting with the Planning Commission in October on the 8th at 6:00 PM. This could beproposed to the PC at their meeting in September for their approval. The Clerk will put it on the agenda for the Board to finalize on the 17th of September.

Other Township Business

Correspondence – the Correspondence was reviewed.

Public Input – none at this time.

Review Claims – Supervisor Schmit moved to approve the payroll check #21375 – 21383 in the amount of $5,251.54 and the claims check #21384 - #21402 in the amount of $32,994.01 for a total of $38,245.55, seconded by Supervisor Anderson and the motion carried.

Adjournment – Supervisor Schmit moved to adjourn, seconded by Supervisor Adelman-Dullinger and the motion carried with the meeting adjourning at 9:55 PM.

Minutes submitted by,

______

Faith C. Broberg, Clerk/TreasurerVice Chair, John Wulff

Supervisor Wulff moved to approve the minutes as presented/as amended, seconded by Supervisor Adelman-Dullinger and the motion carried with Chair Booth abstaining.

Amendment: Page 1 under public input – correct spelling of Bryan’s last name – from Down to Drown.

Date:

September 03-2015 Regular Board MeetingPage 1