2017 Board Minutes

LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, DECEMBER 4, 2017

Those present were Supervisors Anne Ackerman and Dave Johnson.  Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present.  Ackerman called the meeting to order at 7:00 p.m. and led the pledge of allegiance.  Ackerman noted Supervisor Jerry Finch was absent as he was receiving the Stearns County 2017 Outstanding Conservationist award for his work on Plum Creek water quality.

Ackerman asked if there were any additions to the agenda.  Johnson made a motion to approve the agenda, seconded by Ackerman, all in favor, motion passed.

Minutes were reviewed.  Johnson made a motion to approve the monthly meeting minutes, seconded by Ackerman, all in favor, motion passed.

Treasurer’s report by Torgersen was reviewed.  A correction was made to a disbursement paid to Johnson with check number 7141 to note the expense as October rather than September mileage.  Johnson made a motion to accept the treasurer’s report with the correction, seconded by Ackerman, all in favor, motion passed.

Barking Dog Complaint 1829 Danforth Circle (PID #19.10698.0000):  Resident Ginger Mandel was present and challenged whether her dog met the definition of a habitually barking dog.  Ackerman stated she has reviewed seven videos taken at different times during the past month in which the dog met the definition (barking for at least five minutes with less than one minute intervals between noises).  Neighbors were present to state the barking does not bother them and Clerk Schmidt received an email and a text from two other neighbors stating they have no issues.  It was noted that even if the dog does not bother other neighbors, the behavior exhibited meets the definition of an ordinance violation.  Mandel questioned whether her dog was being stimulated or instigated to bark.  Ackerman noted she requested the videos as proof of a violation.  The neighbor who complained was present and stated she tried to talk to Mandel about the dog, but nothing was done to improve the situation.  Mandel stated she has now installed visual barriers on the kennel and has been using a bark control collar.  She noted she also plans to put more barriers up in the spring.  The Board encouraged the neighbors to work together to achieve a mutually acceptable conclusion.

Driveway Relocation – 16475 4th Ave. E. (PID #19.10375.0010):  To date the driveway has not been relocated.  The property owner has applied to Stearns County Environmental Services (SCES) for a Conditional Use Permit to leave the driveway in its existing location.  Ackerman made a motion to allow Supervisor Johnson to attend the public hearing or submit in writing a response to the application, seconded by Johnson, all in favor, motion passed.

Complaints – 335 146th St. (PID #19.10613.0000):  The property has been tax forfeited and is now owned by the State of Minnesota.  Stearns County has the responsibility of cleaning up the parcel before any sale can occur.

Temporary Residence – 15522 County Road 44 (PID #19.10409.0006):  After another inquiry was received about the camper, Clerk Schmidt contacted the property owner on November 9th.  She stated she has an upcoming appointment with a second contractor regarding construction of a home on the property.  The property owner reiterated that she visits the camper but does not live in it.  Ackerman has followed up with the complainant to explain the situation.

Outdoor Storage in Lynden Valley Industrial Park – 19519 Hubble Rd. (PID #19.10748.0116):  Finch has been in contact with the property owner who has confirmed he will attend our January monthly meeting to discuss the status of the outdoor storage on his property.

Fire Department Call Charge Ordinance:  Johnson has provided Annandale Chief Dale Machovsky, Clearwater Chief Ryan Pridgeon, and Township Attorney Michael Couri with a draft of a proposed ordinance for their review.  To date, Johnson has not received any comment from the City of Clearwater.  Johnson stated he is troubled that Annandale adopted their Ordinance without first contacting us.  Ackerman questioned the administrative burden if we pass the ordinance.  Johnson noted it would be the responsibility of the respective fire departments to prepare any invoices.  Johnson made a motion to table the item until a response is received, seconded by Ackerman, all in favor, motion passed.

Town Hall Internet/Phone Service:  James Kantor will continue to follow up with Frontier.

Meeting Dates:
Planning Commission – No December meeting
Monthly Meeting – January 8, 7:00 p.m. (One week later due to New Year’s Day Holiday)

Building permits from Building Inspector Nancy Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
Frontier Communication Franklin Road High Speed Internet work scheduled in 2018
SCES Public Hearing regarding Schmidt variance on 5thAvenue
MN Department of Agriculture Private Well Testing information
Shamrock Leathers, Inc. regarding Limited Rural Manufacturing (Ackerman)
Tri-County Humane Society 2018 Contract
Ackerman made a motion to accept the correspondence listed above and to approve the Contract with Tri County Human Society, seconded by Johnson, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7146 through 7166, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Johnson, all in favor, motion passed. Meeting adjourned at 8:20 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, NOVEMBER 6, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch.  Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present.  Ackerman called the meeting to order at 7:00 p.m. and requested a moment of silence in remembrance of the events of yesterday’s mass shooting in Texas.  Ackerman then led the pledge of allegiance.
Ackerman asked if there were any additions to the agenda.  One item was added. Finch made a motion to approve the amended agenda, seconded by Johnson, all in favor, motion passed.
Minutes were reviewed.  Johnson made a motion to approve the monthly meeting minutes, seconded by Finch, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed. Johnson made a motion to accept the treasurer’s report, seconded by Finch, all in favor, motion passed.

Jerry’s Towing Compliance Inspection – 20026 Empire Road (PID #19.10600.0022):  The final inspection by Building Inspector Nancy Scott has been completed and compliance with all conditions has been achieved.

Complaints – 335 146th St. (PID #19.10613.0000):  The property was reviewed on the road tour and found not in compliance.  Ackerman has notified Stearns County Environmental Services (SCES) to reopen the issue as they have jurisdiction over the matter.

Temporary Residence Complaint – 312 Alder Road (PID #19.10454.0000):  This property is also under the jurisdiction of SCES for enforcement.

Driveway Relocation – 16475 4th Ave. E. (PID #19.10375.0010):  SCES has issued a November 20th  compliance date.  Review in December.

Temporary Residence – 15522 County Road 44 (PID #19.10409.0006):  This camper was discussed at our meeting in July, 2017 and at that time Sarah Schroeder indicated she intended to build on the property.  The property was reviewed on the road tour and the camper was still present with hay bales around it.  Clerk Schmidt is to follow up with Schroeder.

Fire Department Call Charge Ordinance:  Annandale Fire Chief Dale Machovsky was present and informed the Board that the City of Annandale has adopted a Mutual Aid Agreement and an ordinance establishing charges for emergency response services.  This agreement allows the City to bill entities for reimbursement of costs associated with large mutual aid events.  The Board was previously been approached by the City of Clearwater requesting the township pass a similar ordinance.  Johnson has researched the issue and will provide Machovsky, Clearwater Chief Ryan Pridgeon, and Township Attorney Michael Couri with a draft of a proposed ordinance.  Review in December.

Town Hall Internet/Phone Service:  James Kantor will continue to follow up with Frontier.

Lake Central Online Banking:  Treasurer Torgersen has successfully obtained read-only access to our account.  The township is not required to sign a hold harmless agreement for this access.

Snow Plow Proposals:  Request for Proposals (RFP) publication was completed.  Clerk Schmidt received one response from our current contractor Schendzielos.  Finch and Torgersen compared the bid from Schendzielos to bids that Becker Township had received and found that Schendzielos was well within the range of his competitors.

911 Sign Fees:  Clerk Schmidt is to research sign and post costs and provide the information to the Board.  The fee will be revised as needed when the fee schedule is reviewed.

Road Tour Follow Up:  Minutes were reviewed and outstanding issues were assigned.  Johnson will coordinate sign ordering and installation with Maintenance Man Schmidt.  Finch will handle the issue of unscreened outdoor storage on a property in Lynden Valley Industrial Park and Johnson will review another complaint about a second driveway at a parcel on Eaglewood Road.

MnDOT Geographic Information and Mapping:  Supervisor Finch will complete the map review and file the document by the November 30, 2017 deadline.

Meeting Dates:
Planning Commission – November 27, 6:00 p.m.
Monthly Meeting – December 4, 7:00 p.m.

Building permits from Building Inspector Nancy Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
Certificate of Liability Insurance –AllSpec and Schendzielos
Stearns County Auditor Tax Confirmation – Board confirmed
2017 Noxious Weed Report – Johnson completed.  Clerk submitted.
Lake Central Bank Collateral – (Torgersen)
SCES Public hearing regarding Ordinance No 546 (Planning Commission will discuss)
SCES Public hearing regarding Warner Lake Shelters
Town Officers Association Meeting (Finch)
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7128 through 7145, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Finch, all in favor, motion passed. Meeting adjourned at 8:27 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, OCTOBER 2, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present.  Ackerman called the meeting to order at 7:00 p.m. and requested a moment of silence in remembrance of the events of yesterday’s mass shooting in Las Vegas. Ackerman then led the pledge of allegiance.
Ackerman asked if there were any additions to the agenda.  Johnson made a motion to approve the agenda, seconded by Finch, all in favor, motion passed.
Minutes were reviewed.  Finch made a motion to approve the monthly meeting minutes, seconded by Johnson, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed.  Johnson made a motion to accept the treasurer’s report, seconded by Finch, all in favor, motion passed.

Land Split Inquiry 18431 & 18453 17th Ave E (PID #19.10707.0050 – 0051 formerly PID #19.10698.0001 – 0002):  Ross Corrigan would like to redraw the property lines on the two lots he recently purchased.  Stearns County Environmental Services (SCES) confirmed there are separate PIDs and addresses for each parcel and that platting is required.  His proposed plat showed the existing home on a 9.87 acre parcel and he would like to add a separate driveway for the proposed 4.23 acre parcel.  He expressed concerns about safety with his existing shared access.  It was suggested he discuss the issue with his neighbor as the driveways can be modified, but the access must be shared through the township’s right-of-way.  An existing developer’s agreement would need to be amended if an additional access point were to be granted.  If Corrigan decides to proceed with this minor plat, the township would need to waive their subdivision process.

Jerry’s Towing Compliance Inspection – 20026 Empire Road (PID #19.10600.0022):  The final compliance inspection by Building Inspector Nancy Scott has not been completed.

Complaints – 335 146th St. (PID #19.10613.0000):  Stearns County held a follow up inspection September 18th.  Findings from this inspection have not yet been received.  The site will be reviewed on the upcoming road tour.

Temporary Residence Complaint – 312 Alder Road (PID #19.10454.0000):  SCES will be issuing a violation letter to this corrected address and will follow up on enforcement.

Driveway Relocation – 16475 4th Ave. E. (PID #19.10375.0010):  Johnson will follow up with SCES.

Clearwater Fire Department Ordinance:  Johnson sent several questions and comments on the proposed ordinance to Chief Pridgeon and is waiting on a response.  He also is waiting for an anser from Annandale as to whether they have passed a similar ordinance.  Ackerman questioned why any collected funds would not offset the costs of our contract.  Review in November.

Planning Commission Members:  The Board determined it is not necessary to designate a Vice-Chair for the planning commission.

Town Hall Internet/Phone Service:  James Kantor will follow up with Frontier.

Town Hall Accessible Parking:  Johnson has purchased and installed the sign.  Finch will complete the required parking space striping.

Town Hall Lights:  Finch is following up on repair/replacement.

Election Equipment: Stearns County is updating election equipment and provided an estimate of a $1500 annual fee plus $110 per year if the Township uses ePoll books.  Stearns County will be applying for grants.  Clerk Schmidt and Head Election Judge Barry Hample recommend that we utilize ePoll books.  An internet connection must be available for the ePoll books to function.  Ackerman made a motion to approve the necessary expenditures for election equipment and two (2) ePoll books and to approve reimbursement for the Clerk and Head Election Judge to attend required training, seconded by Johnson, all in favor, motion passed.

Lake Central Online Banking:  Treasurer Torgersen indicated the Bank has set a deadline of October 15 for the form to be signed or our online access will be cancelled.  The bank is proposing we modify our online account to be “read only”.   This modification would not impact any ACH deposits and withdrawals.  Finch and Ackerman are satisfied with the proposal.  Johnson noted this would resolve our operational problem but not the liability issue.  Torgersen will forward the proposal to Attorney Michael Couri for his review and recommendation.

Web Site Links:  It is the Board’s policy to provide links to government related entities only.

Meeting Dates:
Fall Road Tour – October 16, 3:00 p.m. (Ackerman confirmed the Clerk is not required to attend.)
Planning Commission – October 23, 6:00 p.m.
Monthly Meeting – November 6, 7:00 p.m.

Building permits from Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
Certificate of Liability Insurance –H Robert Anderson & Assoc (Short Elliott Hendrickson)
Gerber Acres recorded documents from SCES (Clerk to scan to Doc server)
Stearns County Highway Township Road Mileage Certification (Clerk to send)
Ackerman made a motion to accept the correspondence listed above, seconded by Johnson, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7110 through 7127, noting that check 7117 was voided, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Johnson, all in favor, motion passed. Meeting adjourned at 8:09 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, SEPTEMBER 11, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present.

Ackerman called the meeting to order at 7:00 p.m. and requested a moment of silence in remembrance of the events of September 11, 2001.  Ackerman then led the pledge of allegiance.

Ackerman asked if there were any additions to the agenda. One item was added.  Ackerman made a motion to approve the amended agenda, seconded by Finch, all in favor, motion passed.
Minutes were reviewed. Johnson made one amendment to the Jerry’s Towing entry. Ackerman made a motion to approve the monthly meeting minutes with the change, seconded by Finch, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed. Johnson made a motion to accept the treasurer’s report, seconded by Finch, all in favor, motion passed.

Clearwater Fire Department Ordinance / Contract:  The City of Clearwater has passed an Ordinance that would allow them to recoup funds in the event of a large scale mutual aid event and to allow them to bill individuals who do not live in the City or Townships they serve.  They are asking both Lynden Township and Clearwater Township to pass a similar ordinance for incidents occurring within their townships so there is uniformity with the City.  The funds raised would go back in to the Fire Department general fund.  Lynden Township would not receive a credit and the call would not be removed from our call list.  Chief Ryan Pridgeon indicated this is not intended to be a revenue raising ordinance.  Johnson has several questions that he will send to Chief Pridgeon.  Johnson made a motion to table this item, seconded by Finch, all in favor, motion passed.

Town Hall Rentals:  Liz White thanked the Board for allowing her group to meet at the town hall on Wednesdays.  The rental will cease as she has rented space in Clearwater.  White returned the key to the clerk.
A rental application was received from the DFL Caucus; the fee was waived by the Board.

Gregoire Administrative Split – 874 155th Str. (Property Identification [PID] # 19.10423.0000):  A motion was passed at the August 28, 2017 Planning Commission meeting to approve the Certificate of Compliance for this administrative split.  The document has been signed outside of a regularly scheduled monthly meeting.

Jerry’s Towing Compliance Inspection – 20026 Empire Road (PID #19.10600.0022):  Supervisor Johnson and Building Inspector Nancy Scott found the property to be substantially in compliance.  Scott has a few follow up items and will hold a re-inspection on October 1st.  Johnson provided the Board with pictures.  He has also obtained a copy of the Dealer’s License.

Complaints – 335 146th St. (PID #19.10613.0000):  Ackerman and Johnson both reviewed the property and found that the violations continue.  Stearns County has a follow up inspection set for September 18th.  At the time of review of this property, they also found a violation at 312 Alder Road.  A letter has been sent and the deadline for compliance is October 1st.  The Board agreed to monitor this situation over the next few months.

Driveway Relocation – 16475 4th Ave. E. (PID #19.10375.0010):  Johnson noted the driveway is still present.  He will contact Stearns County to follow up on compliance.

Planning Commission Members:  Brian Nickolauson is unable to retain the position of Chairman of the Planning Commission, but is willing to serve as a member. Ackerman made a motion to appoint Vice-Chair Jeff Westrum as Chairman, seconded by Finch, all in favor, motion passed.  Ackerman made a motion to re-appoint Brian Nickolauson as a member for a 5 year term, seconded by Finch, all in favor, motion passed.

Complaint Policy – Resolution # 2017-06:  Johnson made a motion to approve Resolution 2017-06, a Resolution Adopting a Complaint Investigations Policy, and to waive the reading of the Resolution, seconded by Finch, all in favor, motion passed.

Land Split Inquiry 18431 & 18453 17th Ave E (PID #19.10707.0050 – 0051 formerly PID #19.10698.0001 – 0002):  Ross Corrigan purchased these two (2) adjoining pieces of property and is looking to re-draw the property lines.  The property was recently re-platted by the previous owner.  His home is located on the 9.87 acre parcel.  Corrigan expressed concern that a potential building site on the 4.23 acre parcel would be located directly in front of his house.  Finch indicated the lines were initially drawn that way intentionally so that three adjoining parcels could share a common driveway access.  Corrigan was instructed to contact Stearns County Environmental Services for determination if this would be considered an Administrative Split or if platting is required.  If a plat is necessary, the township would need to waive their subdivision process for this minor plat.  Beacon shows both parcels with the address of 18453 17th Ave. E. instead of two separate addresses.  Corrigan will follow up with the County on that issue.  Corrigan was advised that the township has the authority to determine if an additional access to 17th Ave. will be granted.  He was instructed to illustrate continued use of the existing shared access on any proposed plat.

Betty Jo Halls – Craigway and Woodbine Speed Concern:  Halls again expressed concerns about the speeding issues on Craigway and Woodbine.  She requested speed bumps, but the township cannot install speed bumps for safety and maintenance reasons.  Though the Board sympathizes with her concerns for pedestrians and wildlife, speeding violations are handled by the Sheriff’s Department and are not a function of the Township Board.  The Board encouraged Halls to have a conversation with the offending neighbors and to call the Sheriff’s Department for enforcement if deemed necessary.

Town Hall Internet /Phone Service:  The service we have been receiving from Duet is not meeting our needs.  James Kantor will contact Frontier for pricing.  Review in October.

Town Hall Accessible Parking:  Johnson provided the Board with a copy of the requirements for accessible parking spaces.  The parking and signage at the Town Hall needs to be improved to meet those requirements.  Finch is to arrange for the marking of the lot.  Johnson will order sign.

Town Hall Exit Lights:  Resident Dennis Niemi questioned when the exit lights will be repaired.  Finch has received a quote but wants another for comparison.  He plans to get the project completed by October 2.

Meeting Dates:
Election Equipment Meeting – September 19, 7:00 p.m. (clerk)
Planning Commission – September 25, 6:00 p.m.
Monthly Meeting – October 2, 7:00 p.m.
Fall Road Tour – October 16, 3:00 p.m. (Ackerman will confirm if the Clerk is required to attend.)

Building permits from Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
Couri and Ruppe Legal Rate Increase (Clerk)
Wright County Notice of Public Hearing for a Conditional Use Permit for a Business (Notification was received because the site borders Lynden Township.)
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7093 through 7109, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Finch, all in favor, motion passed. Meeting adjourned at 8:37 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, AUGUST 7, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present. Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.

Ackerman congratulated Finch for his recognition as the 2017 Outstanding Conservationist for Stearns County for his work on Plum Creek water quality.

Ackerman asked if there were any additions to the agenda. Three items were added.  Ackerman made a motion to approve the amended agenda, seconded by Johnson, all in favor, motion passed.
Minutes were reviewed. Johnson made a motion to approve the monthly meeting minutes, seconded by Finch, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed. Johnson made a motion to accept the treasurer’s report, seconded by Finch, all in favor, motion passed.

Jerry’s Towing Conditional Use (CUP) Application – 20026 Empire Road (PID #19.10600.0022):  A Public Hearing was held on July 25th.  Since that hearing, Jerry Foley has removed the fence that was discussed at the public hearing.  He intends to erect an 8 foot black chain link fence and will add vegetative screening.  This fencing is 500 total linear feet and will meet the 63 foot setback requirement and will be located outside of shoreland.  He was reminded that the fencing must be 80% opaque and a building permit is required for an 8 foot fence.  He provided the Board with an email from Minnesota Pollution Control Agency (MPCA) representative Wenzel noting a stormwater permit is not needed.  Foley indicated the business falls below the threshold for the requirements for a Hazardous Waste permit and provided the Board with details of his hazardous waste pickup schedule.  Johnson had contact with representatives from the Clearwater River Watershed District (CRWD) and MPCA.   Samantha Adams from MPCA stated a universal waste generator permit may be needed.  A condition was added to require a permit if deemed necessary.  A discussion was held regarding 21 proposed conditions.  Ackerman made a motion to approve the conditional use permit for an outdoor vehicle sales lot and a towing and impound business with the 21 conditions noted, seconded by Finch, two in favor, one opposed, motion carried 2 – 1.  Johnson noted his opposition was a result of the close proximity to the Clearwater River and his belief that the conditions are woefully inadequate to control possible run off into the river.  Chair Ackerman and Clerk Schmidt signed the Dealer’s License document; the original was given to Foley, with a copy retained by the Clerk.  The Clerk will send Foley a letter outlining the conditions and record the CUP.

Jim Voigt – Driveway Location:  Voigt questioned the results of a property survey and the driveway location for an accessory building and future new home being built next to his property.  He stated in the late 1970’s the Town Board enacted a requirement for a driveway setback from a property line.  The Board indicated that if there were any such setback standards, they have now been repealed as the current Zoning Ordinance #7 does not address driveway setbacks.  The location of a driveway approach on a County Road is governed by Stearns County.  Voigt was advised that if he wants to challenge the surveyed property boundaries, he would need to hire his own surveyor.
A general discussion was held regarding driveway locations.  Finch and Building Inspector Nancy Scott are both authorized to approve access points on township roads.  It was determined that in lieu of creating a separate access permit, Scott should include the information on the current building permit form.  Ackerman will follow up with Scott.

Jim Sorensen – 7th Avenue Road Improvement Timeline:  Finch indicated 189th St. and 7th Ave. are not in the Township’s 5 year resurfacing plan but will review the condition of the roads to determine if any repairs are needed.

Property Nuisance Complaint 335 146th St. (PID #19.10613.0000):  Ackerman reviewed the property today and 5 vehicles remain on site.  All appear to be in working condition.  There is a large portable garbage container ready to be picked up.  The $200 administrative citation fine has not been paid.  The Board agreed to monitor this situation over the next few months.

Driveway Relocation – 16475 4th Ave. E. (PID #19.10375.0010):  Johnson observed that the owner moved the 911 sign and the second driveway is still present.  Stearns County will follow up to ensure compliance.

State of Minnesota Joint Powers Agreement for Court Fines (Proposed Resolution 2017-06):  Township Attorney Mike Couri recommended we sign the resolution.  Johnson questioned the language and will not support the resolution in its current format.  The Board agreed to table the resolution until we stop receiving court fine payments.  Torgersen will monitor receipts.

Policy Regarding Complaints:  Johnson has prepared an updated draft Policy outlining procedures for complaints.  This was added to the Planning Commission agenda for review.

Norlein Home Extended Business 20171 Lake Maria Rd (PID #19.10543.0000):  Norlein had originally filled out the Township provisional use form and submitted it to us for consideration.  It has since been determined that all provisional use registrations are handled by Stearns County and Norlein has submitted the paperwork to them.  Their proposed weekend gallery hours are permitted as a provisional use under Stearns County’s ordinance as a temporary use. Up to 15 days are allowed per year. The posts in the right of way have been removed.  They are aware of the need to contact our building inspector should they decide to erect a more permanent sign.

Temporary Residence Complaint – 335 146th St. (PID #19.10613.0000):  A complaint was received regarding multiple campers and tents in use on the property.  Stearns County is following up to ensure compliance.  A review of the property showed one camper remains.

Special Assessment – 19564 County Road 145 (PID #19.10820.0000):  The former Messer property has been purchased.  Clerk Schmidt received information from the Stearns County Auditor that the Township’s special assessment for clean up of the property has been paid.  Treasurer Torgersen will confirm this when the payment is received from the County.

Election Equipment Update:  Stearns County provided a cost estimate for the new election equipment.  In 2018, we will be billed $1,500 for an optical scan ballot counter and an assistive voting machine.  It was noted that the Township should anticipate a similar charge annually.

Clearwater Fire Charges for Emergency Response Ordinance:  The City of Clearwater is considering an Ordinance to charge for emergency responses for non-residents.  They are asking both Lynden Township and Clearwater Township to pass a similar ordinance for incidents occurring within their townships.  Johnson questioned what they intend to do with the funds generated by the ordinance.  Clearwater Fire Chief Ryan Pridgeon will be invited to attend the September meeting.

SCORE Grant for Clean Up Day:  Johnson submitted the paperwork on July 25, 2017.

Approve Public Hearing Minutes:  Finch made a motion to approve the July 25, 2017 public hearing minutes, seconded by Ackerman, all in favor, motion passed.

Gopher State One Call (GSOC) Location:  A GSOC locate was needed on Beachwood Road.  CRWD is required to note the location of the sewer system.  Johnson was dissatisfied with the response from CRWD.  MN Statute Chapter 216D regulates this activity.

Meeting Dates:
Planning Commission – August 28, 6:00 p.m.
Monthly Meeting – September 11, 7:00 p.m.

Building permits from Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
MATIT Workers Compensation Dividend (Torgersen)
MN Town Aid (Torgersen)
Ackerman made a motion to accept the correspondence listed above, seconded by Johnson, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7065 through 7092, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Finch, all in favor, motion passed. Meeting adjourned at 8:34 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


Jerry’s Towing Conditional Use Permit Public Hearing Minutes July 25, 2017 (Click the blue link below to access minutes.)
2017-7-25-PH-CUP-Jerry’s Towing


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, JULY 3, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present. Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.
Ackerman asked if there were any additions to the agenda. Ackerman made a motion to approve the agenda as presented, seconded by Finch, all in favor, motion passed.
Minutes were reviewed. Finch made a motion to approve the monthly meeting minutes, seconded by Johnson, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed. Johnson made a motion to accept the treasurer’s report, seconded by Ackerman, all in favor, motion passed.

Camper Violation – 15522 County Road 44 (PID #19.10409.0006):  A violation letter was sent on June 6, 2017.  Sarah Schroeder informs the Board she is caring for her aging parents and others and is staying in the camper occasionally when she is not providing care.  She stated she has been cleaning up the property and has garbage service to dispose of debris.  She has consulted with a contractor and intends to build a home on the property before winter.  Stearns County Ordinance allows for a 6 month temporary residence while a house is under construction.

Property Nuisance Complaint 335 146th St. (PID #19.10613.0000):  Ackerman reviewed the property recently and 3 junk vehicles remain plus additional junk and garbage.  An administrative citation will be issued and addressed to the property owner of record Reinhardt Maurer.  A copy will also be sent to the alleged owner Donny Brumbeck.

Franklin Minimum Maintenance Road:  Ackerman consulted with Township Attorney Mike Couri who indicated the Board can choose to hold a public meeting at the expense of property owner Doug Bischoff if they want to readdress his request to close a portion of Franklin Road.  The Board retains the decision to keep the road open because of feedback received from area residents.  Ackerman followed up with Bischoff and encouraged him to pursue closure from the St. Cloud side.

Brunner Minor Plat – 18453 17th Ave E (PID #19.10698.0001-0003):  As approved at the May meeting, the final plat was unchanged from the preliminary plat and has been signed.  Chair Ackerman signed the plat on June 26; Clerk Schmidt signed on June 27.

Driveway Relocation – 16475 4th Ave E (PID #19.10375.0010):  Stearns County will continue to follow up.  Johnson spoke with the land owner regarding the placement of the 911 sign and will bill for this time.

Objects in ROW – 20171 Lake Maria Road (PID #19.10543.0000):  Finch contacted Stearns County Highway and requested they pursue removal of the posts.

Driveway Complaint – 19064 Eaglewood Road (PID #19.10597.0000):  Johnson reviewed the site and found no issue at this time.  The property is unique as it is level with the road with no depressed ditch.  The access is currently being utilized to clean up a downed tree.  Johnson will continue to monitor the site.

Roger Brown – 19591 Lake Maria Road (PID #19.10252.0000):  Calcium chloride application and snow plowing on Lake Maria road were discussed.  Finch will follow up.

Tom Houck – Billboard LED Conversion (PID #19.10748.0001 – 0004):  This issue was discussed in August, 2016 with Troy Rheaume.  Rheaume was directed to Stearns County Environmental Services (SCES) as we understood this property was located in shoreland.  Clerk Schmidt confirmed with Houck that the billboard he is now looking to convert to LED is on parcel 19.10748.0001 which is located in shoreland.  Clerk will contact Houck with this information, plus remind him and SCES of our more restrictive sign standards (messages must remain static for 10 seconds).

State of Minnesota Joint Powers Agreement for Court Fines (Proposed Resolution 2017-06):  Ackerman reviewed the document with Couri at the June 8th training session and he indicated the Township did not need to take any action on this.  Clerk Schmidt received an email from DPS/Karen Roach requesting we sign the resolution.  Pend to August meeting to allow Couri time to review this.

Clean Up Day Review:  Republic billing has been received in the amount of $1168.  Clerk Schmidt will provide a copy to the City of Clearwater and in turn, request a copy of the Advanced Disposal bill.  Johnson should receive copies of both for SCORE Grant submission.

Jerry’s Towing Conditional Use Application – 20026 Empire Road (PID #19.10600.0022):  Jerry’s Towing has a dealer’s license to sell impounded vehicles.  The sale of vehicles is a conditional use in the Industrial District.  The Board has received a Conditional Use Permit Application for an outdoor vehicle sales lot along with the $750 fee.  Planning Administrator James Kantor will arrange for a site visit. A Public Hearing is set for July 25th at 7:00 p.m.

Gregoire Land Split – 874 155th St. (PID #19.10423.0000):  Earl Gregoire intends to purchase 40 acres of the 80 acre parcel to build a home.  He was directed to SCES as this should be considered an administrative split.  The Township would issue a Certificate of Compliance when the information is received.

Planning Commission Members:  Ackerman made a motion to re-appoint Gary Stang to a 5 year term, seconded by Finch; discussion included a request by Johnson for more participation at planning commission meetings, all in favor, motion passed.  Ackerman made a motion to designate Jeff Westrum as Vice-Chair of the Planning Commission, seconded by Finch, all in favor, motion passed.  Ackerman will follow up with Chairman Brian Nickolauson to determine if he would like to be re-appointed.

Policy Regarding Complaints:  Johnson will prepare an updated draft Policy outlining procedures for complaints and disseminate for purpose of review and comment.

Meeting Dates:
Planning Commission – July 24, 6:30 p.m.
Jerry’s Towing Public Hearing – July 25, 7:00 p.m.
Monthly Meeting – August 7, 7:00 p.m.

No Building permits were received from Scott this month.

Correspondence: Correspondence was reviewed which included:
208th St. E stop ahead sign not visible  (Finch and Johnson)
Speed Complaint on Craigway and Woodbine.  The Board acknowledges receipt of the letter.  Submitter is encouraged to work with neighbors and contact Stearns County Sheriff’s Department as warranted.
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7041 through 7064, seconded by Finch, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Johnson, all in favor, motion passed. Meeting adjourned at 8:11 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, JUNE 5, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present. Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.
Ackerman asked if there were any additions to the agenda. Johnson made a motion to approve the agenda, seconded by Finch, all in favor, motion passed.
Minutes were reviewed. Johnson made a motion to approve the monthly meeting minutes, seconded by Finch, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed. Ackerman made a motion to accept the treasurer’s report, seconded by Johnson, all in favor, motion passed.  Torgersen will resolve issues with emailing the report.

Tree in Eaglewood Right of Way (Property Identification [PID] #19.10946.0000): The tree has been removed by the property owner therefore no Encroachment Agreement is necessary.

Jeff Brunner Minor Plat – 18453 17th Ave E (PID #19.10698.0001-0003):  The final plat is not ready for signature.

Franklin Minimum Maintenance Road:  Doug Bischoff requests the Board reconsider their decision to leave the minimum maintenance portion of Franklin Road open.  He is requesting closure to deter the nuisance traffic and reduce the dumping of garbage on this road.  He stated the road could remain open to pedestrians, ATVs, horses, etc.  The Board reiterated their decision to keep the road open because of feedback received from area residents.  Bischoff stated that the City of St. Cloud is willing to close the road on their end.  The Board encouraged Bischoff to pursue closure on the north end by St. Cloud.  Ackerman will consult with Township Attorney Mike Couri about the possibility of holding a public hearing if the issue is readdressed by the Board.  Ackerman will follow up with Bischoff.

Franklin Road Multiple Accesses (PID #19.10470.0000):  The Board inquired of the additional access on this property and reminded property owner Doug Bischoff that only one access per parcel is allowed.  Bischoff indicated it will be removed after the addition is completed.  Finch will follow up.

Ergen Medical Letter (PID 19.10898.0000):  Current medical statement has been received.

Home Occupation 22095 Fairmount Road (PID #19.10707.0008): The owner had inquired about operating a home extended business out of an accessory building which is a permitted use.  He now plans to erect a portable structure to house the business.  He was directed to Building Inspector Nancy Scott for a building permit and to ensure compliance with all ordinances.

Property Nuisance Complaint 335 146th St. (PID #19.10613.0000): Ackerman reviewed the property recently and 6 junk vehicles remain.  A second letter will be sent with a removal deadline of July 2, 2017 or an administrative citation will be issued.

Labeau Revocation Court Costs (PID #19.10367.0000):  The decision to waive recovery of “costs and disbursements” ordered by the Court on 2-21-2017 was offered by the Attorneys in exchange for no appeal.  None of those funds would have been received by the township.

Inspections / Driveway Removal – 18525 Eaglewood Rd (PID #19.10962.0000):  The $200 Administrative Citation was paid. The second driveway has been vacated and the owner told Finch that landscaping will fill in the vacated area.  A Certificate of Occupancy has been issued with a note that only one driveway is allowed.

Driveway Relocation – 16475 4th Ave E (PID #19.10375.0010): Stearns County has jurisdiction over this matter based on the preservation of Agricultural land.  Johnson will follow up.

Plum Creek Update:  Finch continues to work with interested parties to get Plum Creek removed from the impaired list.  Water testing will be reduced this year.  Johnson made a motion that the Township will pay for testing costs, seconded by Ackerman, all in favor, motion passed.

Clean Up Day Review:  There was steady traffic for three hours illustrating the necessity to continue to hold an annual clean up event.  No bills have been received as of today.

Town Hall Fencing:  Finch received a fencing quote from Authority Fence that encompasses the west side to protect the septic system.  Finch made a motion to accept the $850.00 quote, seconded by Johnson, all in favor, motion passed.  Finch will arrange for installation.

Land Inquiry – 22587 County Road 75 (PID #19.10461.0000 & 19.10474.0000):  Alan Thole and other family members are interested in selling approximately 95 acres adjacent to St. Cloud city limits on the North end of the township.  If a potential purchaser is interested in city services, the possibility of entering into an Orderly Annexation Agreement was discussed.  Thole will keep the Board informed.

Jerry’s Towing Relocation – 20026 Empire Road (PID #19.10600.0022):  Jerry’s Towing operated in Hasty and is now moving to this site, which was previously occupied by Countryside Campers and is the location of the former Clearwater dump site.  This business is a permitted use.

Objects in ROW – 20171 Lake Maria Road (PID #19.10543.0000):  The Board received a complaint that there are trees and sign posts in the road Right of Way (ROW).   Finch reviewed the site.  The trees are not in the Township ROW but the sign posts off County Road 45 appear to be in the ROW.  Finch will contact Stearns County Highway to follow up on their removal.

Accessory Building Location – 15067 County Road 44 (PID #19.10426.0025):  Owner Gueningsman had received a building permit in 2011 from our previous building official of Inspectron.  The permit allowed for an accessory building 10 feet from the property line.  The owner is now selling the property and a recent survey indicates the building is only 8.3 feet from the property line.  Current building official Nancy Scott noted this is considered an existing non-conforming structure, thus allowed to remain in its current location.  The structure cannot be expanded and if destroyed must be rebuilt to conform to required setbacks.  Johnson made a motion to grant a waiver of the 10 foot setback, discussion was held, Johnson withdrew the motion.  Finch made a motion that the Board acknowledges the non-conforming nature of the structure and noted that the building will not be required to be moved to achieve compliance with the 10’ setback requirement, motion seconded by Anne, all in favor, motion passed.  A letter will be sent to Gueningsman outlining the information discussed.

Camper Violation – 15522 County Road 44 (PID #19.10409.0006):  The Board received an inquiry about a camper being used as a residence.  They noted the occupant has garbage service and has hooked up to the septic system.  A violation letter will be sent.

Horse Inquiry – 19004 Woolston Ct (PID #19.10308.0000):  Jim Klaverkamp intends to erect a 20×32 horse barn on his adjacent property that is zoned A-40.  He met with Stearns County for a Feedlot permit for his new horse and Township approval is required.  A horse is permitted on this parcel.  Johnson made a motion to authorize Chair Ackerman and Clerk Schmidt to sign the document, seconded by Finch, all in favor, motion passed.

Driveway Complaint – 19064 Eaglewood Road (PID #19.10597.0000):  A complaint was received that a second driveway on the curve is being used.  Johnson will draft a letter.

Mobile Speed Unit on Woodbine Inquiry:  Per Finch, the Mobile Unit did patrol this area.

Weed Spray on Woodbine Inquiry:  Per Johnson, statute controls when weeds are sprayed.

Policy Regarding Complaints:  Johnson will prepare an updated draft Policy outlining procedures for complaints.  The Board will review at a future meeting.

Resolution 2017-05 Adopting Stearns County All-Hazard Mitigation Plan:  Ackerman made a motion to accept Resolution 2017-05, seconded by Finch, all in favor, motion passed.

Resolution 2017-06 Approving State of Minnesota Joint Powers Agreement for Court Fines:  Clerk is to verify with Stearns County Attorney Matt Quinn the difference in the proposed resolutions provided.  Ackerman will review the document with Couri at the June 8th training session.  Pend to July meeting.

Meeting Dates:
Monthly Meeting – July 3, 7:00 p.m.
Planning Commission – June 12, 6:00 p.m. and tentatively July 31, 6:00 p.m.

Building permits from Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
Republic Rate Increase to $5.25 per recycling cart (Clerk)
MAT Membership Cards (All)
2017 Census ( Ackerman and Clerk)
City of St. Cloud BioSolids Newsletter
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7024 through 7040, noting that check 7033 was voided, seconded by Johnson, all in favor, motion passed.

Johnson made a motion to adjourn the meeting, seconded by Ackerman, all in favor, motion passed. Meeting adjourned at 9:03 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, MAY 1, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present. Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.
Ackerman asked if there were any additions to the agenda. Finch added two items. Ackerman made a motion to approve the amended agenda, seconded by Johnson, all in favor, motion passed.
Minutes were reviewed. Johnson made a motion to approve the monthly meeting minutes, seconded by Finch, all in favor, motion passed.
Treasurer’s report by Torgersen was reviewed. Finch made a motion to accept the treasurer’s report, seconded by Johnson, all in favor, motion passed.

Tree in Eaglewood Right of Way (Property Identification [PID] #19.10946.0000): The Township has not received an Encroachment Agreement from the home owner. Clerk sent a certified letter with a postage-paid envelope on April 25. Item is tabled until the June meeting.

200th St. Dumping (PID #19.10236.0000): The Township had asked the resident to remove the material that was dumped. The site was reviewed on the April 18 road tour and has been cleaned up. This issue is resolved.

Property Nuisance Complaint 335 146th St. (PID #19.10613.0000): Ackerman reviewed the property recently and though some progress has been made, numerous junk vehicles remain. If needed, additional enforcement options will be discussed at the June meeting.

Labeau CUP Appeal (PID #19.10367.0000): The deadline for appeal has passed. Johnson questions the decision to waive recovery of “costs and disbursements” ordered by the Court on 2-21-2017 and will follow up with the attorneys.

Kennel Ordinance: Finch made a motion to adopt Resolution 2017-04, a Resolution Adopting an Interim Ordinance Enacting a Moratorium on the Establishment of Commercial Kennels within Lynden Township, seconded by Ackerman, all in favor, motion passed. The passage of this Resolution adopts Ordinance No. 2017-01. The township will have up to a year to determine if changes should be made to the current kennel standards.

St Augusta Joint Road Agreement: Finch attended the recent St. Augusta city council meeting and was asked if Lynden Township would be interested in a joint maintenance agreement for St. Augusta’s portion of 13th Avenue. Finch declined this offer. The current agreement remains in effect.

Jeff Brunner Minor Plat (PID #19.10698.0001-0003): Brunner presented the Board with a preliminary plat to reconfigure the property lines of his existing parcels. Brunner plans to sell a portion of the property to neighboring property owner Gerber. Stearns County Environmental Services (SCES) considers this a minor plat. Ackerman made a motion to waive the requirements for the Township’s subdivision ordinance because this is a minor plat, seconded by Finch, all in favor, motion passed. Ackerman made a motion to approve the preliminary plat and defer the process to Stearns County, seconded by Johnson, all in favor, motion passed. Once Stearns County has completed their process, Brunner will need to return to the Township for signature on the final plat. Ackerman made a motion to approve the final plat contingent upon no changes from the preliminary plat and to allow the Chair and Clerk to sign the necessary documents outside of a regularly scheduled meeting, seconded by Finch, all in favor, motion passed. If any changes are made, Brunner must return to a meeting so the revised plat can be reviewed. Questions regarding utility and drainage easements should be directed to SCES.

Building Code Violation 18525 Eaglewood Road (PID #19.10962.0000): The owner moved in to this newly constructed home before all final inspections were completed and before a Certificate of Occupancy was issued. As a result, on April 27th, Building Inspector Nancy Scott issued an Administrative Citation under Ordinance #10. This Citation gives the owner until May 6th to achieve compliance and includes an Administrative Fine of $200 due by May 12th. Finch also spoke with the owner regarding the second driveway access and they have agreed on a removal date of June 15th. When all required inspections are complete, Scott will issue a Temporary Certificate of Occupancy until the second driveway is removed. A final Certificate of Occupancy will only be issued after verification of access compliance.

Ergen Medical Letter: Larry Ergen has not provided a current medical statement as required by the Interim Use Permit (IUP). Clerk Schmidt is to send a letter requesting compliance.
Approve Meeting Minutes: Johnson made a motion to approve the April 6th Tax Equalization minutes, seconded by Finch, all in favor, motion passed.

Road Tour Follow Up: Ditch cleanup has taken place. Johnson will contact Schmidt in regard to signs. Finch will follow up on the Bischoff culverts. Per Ackerman, the junk car on Emmett Road has been removed. The 4th Ave. driveway relocation (PID #19.10375.0010) should be complete by June 1st. 2004 Daisy Circle (PID #19.10325.0010) cleanup is in progress and we will be notified when it is completed.

Town Hall Fencing: Finch received a quote from Authority Fence that encompasses adding fencing to both sides of the town hall. After discussion, it was determined that fencing is needed only on one side to protect the septic system. Finch will obtain a new quote.

Schendzielos Road Contract: Costs for blading, grading and hauling have not increased for 2017. Finch recommends we sign the summer contract and he will obtain another contract for snowplowing. Resident Dennis Niemi questioned why this was not put out for bids. Discussion surrounded public safety and the necessity to retain a contractor who prioritizes the Township for timeliness of snowplowing. It was determined that the current contract should be signed and we should consider putting gravel road work out for bids next year with the knowledge that we are not obligated to go with the least expensive bidder, but rather the “lowest responsible bidder”.  Johnson made a motion to approve the contract, seconded by Finch, all in favor, motion passed.

Meeting Dates:
Monthly Meeting – June 5, 7:00 p.m.
Planning Commission – June 12, 6:00 p.m.

Building permits from Scott were reviewed.

Correspondence: Correspondence was reviewed which included:
Certificate of Liability Insurance – Envirotech (Torgersen)
Stearns County Highway Department 5 Year Road Plan (Finch)
2017 Clearwater Library Contribution Acknowledgement
June 8th Township Legal Seminar
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 7005 through 7023, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Johnson, all in favor, motion passed. Meeting adjourned at 8:27 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, APRIL 3, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present. Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.

Ackerman asked if there were any additions to the agenda. Ackerman added three items. Finch made a motion to approve the amended agenda, seconded by Johnson, all in favor, motion passed.

Minutes were reviewed. Ackerman made a motion to approve the monthly meeting minutes, seconded by Johnson, all in favor, motion passed.

Treasurer’s report by Torgersen was reviewed. Finch made a motion to accept the treasurer’s report, seconded by Johnson, all in favor, motion passed.

Request for Closing Franklin Road Minimum Maintenance Road: The Board received a letter from property owner Doug Bischoff. Bischoff owns property on both sides of the minimum maintenance portion of Franklin Road and is requesting the road be closed and barricaded. Bischoff noted people disposing of rubbish along the road and ATVs tearing up the road. Township Attorney Mike Couri informed Finch the road can be closed by Resolution.  Several residents were present and objected to the closing of the road noting they use it weekly for its scenic nature and alternate access to St. Cloud.  Access to farmland and use by horseback riders were also noted. After discussion, Johnson made a motion to deny the request to close the Minimum Maintenance portion of Franklin Road, seconded by Ackerman, all in favor, motion passed.  Finch will review the condition of the road and contact Schendzielos for maintenance if necessary.

Tree in Eaglewood Right of Way (Property Identification [PID] #19.10946.0000): The Township has not received an Encroachment Agreement from the home owner. Finch and Johnson will send a certified letter with a postage-paid envelope.  Item is tabled until the May meeting.

200th St. Dumping (PID #19.10236.0000): The Township has asked for the resident to remove the material that was dumped. Clerk Schmidt received an email from the resident on March 22 in response to the letter.  She requested additional information and clarification.  Clerk will respond and request compliance.  Follow up in May.

Property Nuisance Complaint 335 146th St. (PID #19.10613.0000): The Township has sent a letter to the property owner notifying him of a Nuisance Ordinance violation and requested he make visible progress toward compliance or to present a plan to clean up the property.  Clerk Schmidt received a phone call from the owner Reinhardt Maurer.  Maurer indicated he sold this property several years ago but there was not a title company or attorney involved in the transaction.  He understands Stearns County records still list him as the owner.  He has delivered the letter to the new owner Donny Brumbeck and discussed compliance.  Ackerman reviewed the property today and some progress is being made.  This parcel will be reviewed on the Spring Road Tour which is scheduled for May 6th.

Labeau CUP Appeal (PID #19.10367.0000):  No appeal has been received to date.  A neighbor contacted Ackerman noting Labeau’s dogs were off her property.  The complainant was asked to call the Sheriff’s Department and notify the township if it happens in the future.

Construction Site Permit Copies:  Johnson followed up with Stearns County Environmental Services (SCES) about their requirements for copies of Construction Site Permits (CSPs). SCES needs a copy of the entire permit. The Clerk will be responsible for providing the CSPs to the County and will bill for that time. Kantor has edited the CSP form to state that it is a Lynden Township form. Scott is currently completing the quarterly building permit surcharge report.

Township Clean Up Day Options:  The township will pursue options for a fall clean up event as the City of Clearwater is no longer including the township in their event. Location possibilities will be considered during the upcoming road tour. [Clerk’s note: Clean up day has been reinstated and will occur April 29th.]

St Augusta Joint Road Agreement: Finch will attend the April 4th meeting and report back.

Home Occupation 22095 Fairmount Road (PID #19.10707.0008):  The property owner would like to finish some space in his accessory building to manufacture hot sauce.  This is considered a home extended business which is a provisional use.  Performance standards will need to be met.  Ackerman will instruct him to fill out the Provisional Use form and contact Nancy Scott for a building permit.

20747 Woodbine Road (PID #19.10540.0006):  Ackerman received a courtesy call from the director of Bridges of Minnesota.  They are purchasing the property and intend to open a Licensed Residential Care Facility which would house four adults with developmental or intellectual disabilities.  This is a permitted use under section 6.35 so no notice to neighbors is required.  Resident Charlie Schultz was present and questioned how a business can be allowed in a residential neighborhood.  He stated the covenants of Wood’s Edge prohibit this.  He also noted there is no easement and he has a Court Order regarding the unrecorded cartway to that property in which it states he owns 16 ½ feet of the access.  Schultz was advised to contact Bridges and SCES to make them aware of the situation as the Township has no authority over covenants or the Court Order.

Community Septic Funding Resolutions:  Johnson made a motion to approve Resolution 2017-02 a Resolution regarding Minnesota Legislative Funding for Clearwater Harbor and Hidden River Sanitary Sewer Systems and 2017-03 a Resolution regarding MPCA Permit Extension for Clearwater Harbor and Hidden River Sanitary Sewer Systems essentially in the forms presented, seconded by Finch, all in favor, motion passed. Finch will follow up.

Approve Meeting Minutes:  Finch made a motion to approve the March 16 Canvass and Reorganizational meeting minutes, seconded by Ackerman, all in favor, motion passed.

Meeting Billings:  As previously agreed, we will not bill for a separate meeting if a public hearing is held within a regularly scheduled meeting.

Meeting Dates:
County Noxious Weed Meeting  –  April 5, 7:00 p.m.
Tax Equalization Meeting  –  April 6, 7:00 p.m.
MAT Legal Training – April 20, 8:30 a.m.
Planning Commission – April 24, 6:00 p.m.
Monthly Meeting – May 1, 7:00 p.m.
Spring Road Tour  –  May 6, 8:00 a.m.

No Building permits from Scott were received this month.

Correspondence: Correspondence was reviewed which included:
MN Association of Township Officers List (Schmidt)
Town Officers Association Semi-Annual Meeting (Finch)
2017 Tax Capacity Rates
Census (Schmidt)
Payroll Census (Ackerman)
Ackerman made a motion to accept the correspondence listed above, seconded by Johnson, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 6980 through 7004, seconded by Johnson, all in favor, motion passed.

Johnson made a motion to adjourn the meeting, seconded by Ackerman, all in favor, motion passed. Meeting adjourned at 8:35 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
ANNUAL MEETING, MARCH 14, 2017

Township Clerk Jenny Schmidt called the meeting to order at 8:00 p.m. and led the pledge of allegiance. Jerry Finch made a motion to elect Jeff Westrum to moderate the annual meeting, seconded by Anne Ackerman, all in favor, motion passed.

Wayne Ethan made a motion to waive the reading of the 2016 annual meeting minutes, seconded by John Austin, all in favor, motion passed.

Rob Schmidt made a motion to approve the minutes from the 2016 annual meeting, seconded by David L. Johnson, all in favor, motion passed.

The 2016 treasurer’s report was available for review. Treasurer Dan Torgersen presented highlights of the report. The annual audit was completed on February 28th and the Clerk and Treasurer’s books and Lake Central Bank statements balanced exactly. He explained that we have consolidated assets to one bank account, with the checking account having a balance of $424,776.  2016 revenue was $470,893 and expenditures were $572,431.  A motion was made by Anne Ackerman to accept the treasurer’s report, seconded by John Austin, all in favor, motion passed.

Dennis Nierengarten made a motion to waive the reading of all checks written and received in 2016, seconded by Jerry Finch, all in favor, motion passed.

Newspapers: We are currently using the Citizen-Tribune and St. Cloud Times.  We also post notices on the Web and at the Town Hall.  James Kantor made a motion to retain only the Citizen-Tribune, Todd Voigt seconded the motion, all in favor, motion passed.

Attorney: Couri & Ruppe, P.L.L.P. continues to represent Lynden Township. Jerry Finch made a motion to retain Couri & Ruppe, P.L.L.P. as the Township Attorney, seconded by David L. Johnson, all in favor, motion passed.

Depository of Funds: The Township currently utilizes Lake Central Bank.  Sherburne State Bank is an alternative.  John Austin made a motion to approve both banks for depository of funds, seconded by David L. Johnson, all in favor motion passed.

Recycling Service: A motion was made Dan Torgersen to retain Republic as the recycling service provider, seconded by Wayne Ethan, all in favor, motion passed.

Clearwater Public Library:  David L. Johnson made a motion to authorize the Lynden Township Board to donate $2,000 to  the Clearwater Branch of the Great River Regional Library as permitted by MN Statutes §§ 134.12 & 365.10, allowing payments to the library for the benefits library services provide locally in that it is a convenience to township residents, serves a public purpose and is in the township’s best interest to authorize this donation, seconded by Anne Ackerman, all in favor, motion passed.

Annandale Fire:  Dale Machovsky represented the Annandale Fire Department. They responded to 219 total calls in 2016, 14 of which were in Lynden Township. The levy request for 2018 is $12,784.

Clearwater Fire:  Chief Ryan Pridgeon represented the Clearwater Fire Department.  They responded to 241 total calls in 2016, 45 of which were in Lynden Township.  The levy request for 2018 is $54,583.

On behalf of the township, David L. Johnson thanked both departments for their service.

Anne Ackerman presented township updates which included our new website, no spring clean-up, Plum Creek Neighborhood Network update, Beaver Island Trail extension, special assessment payments, and plans for subdivision, zoning and kennel ordinance updates.  Ackerman presented information on both the asphalt and gravel roads and building permit activity. Road Manager Jerry Finch will continue to follow the engineer’s recommendations of the five-year plan for asphalt road maintenance.  Traffic counts again show no roads currently warrant asphalt.

Ackerman presented two levy options.  Option A showed no change except Clearwater fire.  Option B transferred the approximately $4000 savings from Clearwater Fire into General Government.  After discussion, James Kantor made a motion to approve option B, seconded by Dennis Nierengarten, all in favor motion passed.

The approved levy amounts are as follows:
YEAR 2018 PROPOSED LEVY
Road and Bridge $ 190,000
General Government $ 94,000
Annandale Fire $ 12,784
Clearwater Fire $ 54,583
Total $ 351,367
Overall the proposed levy remains stable with a $27 increase equating to +.00008%.

Election results were announced as follows:
Number of voters: 80 signatures on the polling place roster
Candidate:    David L. Johnson (Supervisor)                 Votes Received: 42
Candidate:    Dennis Niemi (Supervisor)                        Votes Received: 37
Candidate:    Daniel Torgersen (Treasurer)                    Votes Received: 70
Write-In:         Don Moeller (Treasurer)                           Votes Received: 1
David L. Johnson won the three year term for Supervisor and Daniel Torgersen won the two year Treasurer’s term.

The Annual Meeting for 2018 will be held Tuesday, March 13, 2018.

John Austin made a motion to adjourn the meeting, seconded by Dennis Nierengarten, all in favor, motion passed. The meeting was adjourned at 8:50 p.m.

Respectfully submitted,

Jenny Schmidt, Clerk
Jeff Westrum, Moderator


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, MARCH 6, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch. Planning Administrator James Kantor and Treasurer Dan Torgersen were also present. Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.

Ackerman asked if there were any additions to the agenda. Finch added one item. Johnson made a motion to approve the amended agenda, seconded by Finch, all in favor, motion passed.

Minutes were reviewed. Finch made a motion to approve the monthly meeting minutes, seconded by Johnson, all in favor, motion passed.

Treasurer’s report by Torgersen was reviewed. Finch made a motion to accept the treasurer’s report, seconded by Johnson, all in favor, motion passed.

Construction Site Permit Copies: Lynden Township Building Official Nancy Scott was present to discuss Stearns County Environmental Services (SCES) requirement for copies of Construction Site Permits (CSP). If SCES will accept the first two pages of the CSP, Scott will scan and send directly to SCES. Johnson will follow up with SCES. Kantor will edit the CSP form to state that it is a Lynden Township form. Scott is currently completing the quarterly building permit surcharge report. Review in April to discuss with Clerk Jenny Schmidt.

Tree in Eaglewood Right of Way (Property Identification [PID] #19.10946.0000): The Township has not received an Encroachment Agreement from the home owner. Item is tabled until the April meeting.

Labeau CUP Appeal (PID #19.10367.0000): The judge ruled in favor of Lynden Township supporting the Township’s revocation of the Conditional Use Permit. Labeau has 60 days to appeal.

200th St. Dumping (PID #19.10236.0000): The Township has asked for the resident to remove the material that was dumped. Review at the April meeting.

Special Assessment / Marvin Messer (PID #19.10820.0000): The assessment balance of $4294.16 is still certified against the property. The Township does not need to take any action.

Lake Central Bank Form: Torgersen spoke to the Minnesota Association of Township’s attorney and they recommended not signing the Lake Central Bank Commercial Internet Banking Hold Harmless Agreement. Torgersen will inquire if a similar form is required by Sherburne National Bank.

Annual Meeting Planning: The extension cords and power strips are missing from the town hall.  Finch will check with the most recent town hall renter and attempt to locate the items and will replace them before the annual meeting if necessary. Schmidt will pick up refreshments. Finch will bring the Township projector and Kantor will provide a laptop and screen.

2016 Financial Reports: Treasurer Torgersen has prepared a report for the upcoming Annual Meeting. Torgersen found an error in the State Auditor’s CTAS program and they are correcting the program.

222nd Street / Franklin Road Minimum Maintenance Road: Property owner Doug Bischoff owns property on both sides of the minimum maintenance portion of Franklin Road and is requesting the road be closed and barricaded. Bischoff noted people disposing of rubbish along the road and ATVs tearing up the road. Township Attorney Mike Couri informed Finch the road can be closed by Resolution. Johnson made a motion to grant preliminary approval to pursue closing the road, seconded by Finch, all in favor, motion passed.

Certificate of Compliance for Curtis Olson (PID #19.10426.0020): Ackerman made a motion to approve the issuance of a Certificate of Compliance for an Administrative Land Split to correct the PIDs of two non-contiguous parcels owned by Curtis F. & Clinton M. Olson, seconded by Johnson, all in favor, motion passed. Schmidt will send the executed document to Curtis F. Olson and keep a copy for our records.

Property Nuisance Complaint 335 146th St. (PID #19.10613.0000): Ackerman received a complaint regarding a property with an accumulation of vehicles and junk. The Township will send a letter to the property owner notifying them of a Nuisance Ordinance violation and giving them until the April Board Meeting to make visible progress toward compliance or to present a plan to clean up the property.

Township Clean Up Day Options: The City of Clearwater said that Lynden Township will no longer be invited to partner with them for Clean Up Day. Johnson spoke to a representative from Allied Waste to discuss options. Johnson noted other issues in running a township cleanup event such as location, shelter, electricity, staffing, and restroom access. Finch made a motion to cancel the spring clean up if we are not partnering with the City of Clearwater, seconded by Ackerman, Finch & Ackerman voted in favor, Johnson opposed, motion carried by a 2-1 margin. We will pursue options for a Fall clean up event.

Audit & Budget Meetings Minutes: Ackerman made a motion to approve the audit and budget meeting minutes, seconded by Finch, all in favor, motion passed.

MAT Short Course: March 28 & April 20. Johnson made a motion to authorize the Supervisors, Treasurer and Clerk to attend, pay registration, mileage, and hourly wages for the MAT Short Course and Legal Training, seconded by Ackerman. All in favor, motion passed.

Speed Complaint: Betty Jo Halls sent a letter to Schmidt again complaining about the speed on Woodbine Road. Finch will request the Stearns County Sheriff’s Mobile Speed Unit be placed on Woodbine and also request a Deputy with a radar gun to be stationed at the site.

Meeting Dates:
Annual Election – March 14, 2:00 – 8:00 p.m.
Annual Meeting – March 14, 8:00 p.m.
Canvass / Reorganization Meetings – March 16, 6:00 p.m.
Planning Commission – March 27, 6:00 p.m.
MAT Short Course – March 28 & April 20th
Monthly Meeting – April 3, 7:00 p.m.
Tax Equalization Meeting – April 6, 7:00 p.m.

No Building permits from Scott were received this month.

Correspondence: Correspondence was reviewed which included:
Sign Solutions, LLC (Johnson will compare their services and prices with M&R Signs)
2017 Levy Form (Reviewed and the numbers are correct.)
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed. Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 6962 through 6979, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Finch, all in favor, motion passed. Meeting adjourned at 8:42 p.m.

Respectfully submitted,

James Kantor, Planning Administrator
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
ANNUAL BUDGET / ANNUAL MEETING AGENDA MEETING, FEBRUARY 28, 2017

Present:  Supervisors Dave Johnson, Jerry Finch and Anne Ackerman, Treasurer Dan Torgersen, Deputy Treasurer Karen Weeres and Clerk Jenny Schmidt.

Ackerman called the meeting to order at 6:30 p.m.

Treasurer Torgersen submitted to Clerk Schmidt the Statement of Orders Issued for filing.

Documents for the annual meeting were distributed which included the proposed agenda, and a report on revenues, expenditures and the levy.
After discussion, it was determined the Board will propose the following levy for 2018:

Road and Bridge                  $190,000.00
General Government            $90,000.00
Clearwater Fire                     $ to be determined
Annandale Fire                      $12,784.00

Finch made a motion to recommend this preliminary levy to the Lynden Township residents at the annual meeting, seconded by Ackerman, all in favor, motion passed.

The proposed annual meeting agenda was discussed.  The annual library donation was reviewed.  Johnson will research statutes relating to donations.  It will be proposed that public notices are only published in the Citizen-Tribune. After review, it was determined Clerk Schmidt will arrange for refreshments for the residents.  Treasurer Torgersen will present the Treasurer’s report.  Supervisor Ackerman will present the township update including Finch’s road report and information about Plum Creek water quality.  Ackerman will also present the proposed levy.

Ackerman made a motion to adjourn the meeting at 8:20 p.m., seconded by Johnson, all in favor, motion passed.

Respectfully submitted,
Jenny Schmidt
Lynden Township Clerk


LYNDEN TOWNSHIP, STEARNS COUNTY
ANNUAL AUDIT MEETING, FEBRUARY 28, 2017

Present:  Township Supervisors Dave Johnson, Jerry Finch and Anne Ackerman, Treasurer Dan Torgersen, Deputy Treasurer Karen Weeres and Clerk Jenny Schmidt.

Ackerman called the meeting to order at 6:00 p.m.

An audit of both claims and disbursements was completed following guidelines set out in the MIL 105D General Inspection Level 1, Reduced Inspection.  12 claims and 3 disbursements were randomly pulled and the Board verified the check numbers, dollar amounts and recipients against CTAS reports and Lake Central Bank statements.

The treasurer’s CTAS records match the bank statements.  After review, the Board of Audit found no irregularities.  Ackerman made a motion to accept the audit results, seconded by Johnson, all in favor, motion passed.  The Board members signed the required documents.

Ackerman made a motion to adjourn the meeting at 6:26 p.m., seconded by Finch, all in favor, motion passed.

 

Respectfully submitted,
Jenny Schmidt
Lynden Township Clerk


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, FEBRUARY 6, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch.  Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present.   Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.

Ackerman asked if there were any additions to the agenda.  Johnson made a motion to approve the agenda as presented, seconded by Finch, all in favor, motion passed.

Minutes were reviewed.  Finch made a motion to approve the monthly meeting minutes, seconded by Johnson, all in favor, motion passed.

Treasurer’s report by Torgersen was reviewed.  Finch made a motion to accept the treasurer’s report, seconded by Johnson, all in favor, motion passed.

Dog Complaint (Property Identification (PID) #19.10957.0000):  Own Melrose indicated that he was never put on notice about this issue in advance of receiving the letter, neighbors have not approached him regarding his dog and that the escalated tone of the letter could have been handled differently.  He was notified that pursuant to MN Statute 13.44 Subd. 1, the identities of individuals making complaints are not public information.

County Ditch 39 Property Removal:  Johnson requested information regarding the Township’s assessment from the repairs to County Ditch 39.  Per the Stearns County Auditor’s Office, the Township paid $226.23 and did not pay the State’s portion of the assessment.  The Auditor’s Office also acknowledged that the Township did not receive notice of the public hearing regarding the redetermination of benefits and apologized for the error.

Shed Houses:  Two shed house building permits have been issued by Building Official Nancy Scott.  The shed house on Woodsedge Road was misclassified and is an accessory building with office space and septic.  The septic was certified for both the shed and a future house.  Residency is not allowed in the structure.  The shed house on County Road 45 is a primary dwelling and will be issued a Certificate of Occupancy.  Stearns County Environmental Services (SCES) issued the construction site permit as this property is located in Shoreland.  The permit notes that if a home is built on the property in the future, the owners must remove the living quarters from the shed house and it will be reclassified as an accessory building.  SCES will ensure compliance at that time.

Construction Site Permits to County:  The Clerk has provided Stearns County all permits from 2015 and 2016.  The Board had the understanding that Building Official Scott was sending these to the County as required by our Memorandum of Understanding.  Providing required copies should be covered as part of the $100 permit fee.  The Board requests Scott scan and email all permits to the Clerk and SCES.  Clerk to follow up with Scott.

200th Street Dumping (PID #19.10236.0000):  Review in March.

Duplicate Recycling Bins:  One recycling bin is allowed per parcel.  An audit found five residents have two bins.  The residents have been notified and given the option to keep the extra bin at their cost or return the bin to Republic.

2016 Financial Reports:  Treasurer Torgersen has prepared a preliminary report for the upcoming Budget meeting on February 28.  He will add additional detail regarding the breakdown of road expenses.  Finch will review the Road Contract and consult Township Attorney Mike Couri regarding whether it needs to be modified.

2017 Newsletter:  Johnson has been working on a draft newsletter and is requesting additional content.  He has completed the Processing Acknowledgement Form (PAF) for Rengel Printing and requests the Clerk issue a check to US Postmaster in the amount of $213.61 for postage.

16475 4th Ave E Driveway Relocation (PID #19.10375.0010):  Johnson has confirmed the driveway location and 911 post was relocated.  Stearns County is actively reviewing the issue.  Johnson requests this issue be deferred until May, 2017.

Tree in Eaglewood Right of Way (ROW) (PID #19.10946.0000): Finch has been in contact with the owner and the ROW issue.  An encroachment agreement is required if the tree remains.  Finch and Johnson will follow up.

Special Assessment / Marvin Messer (PID #19.10820.0000):  The Stearns County Auditor has confirmed the original assessment of $8015.90 with an outstanding balance of $4294.16.  Clerk will follow up to confirm the assessment is still on the books to be repaid and whether any action is needed from the Township should this property be sold.

Annandale State Bank Form:  Treasurer Torgersen and Clerk Schmidt utilize on-line banking.  Annandale Bank (now Lake Central) is requesting we sign a Commercial Internet Banking Hold Harmless Agreement.  This form was previously reviewed by Township Attorney Michael Couri who advised the township not to sign it.  Torgersen will inform Lake Central Bank and will inquire if a similar form is required by American Heritage Bank.

Website Domain Registration:  Johnson made a motion to authorize James Kantor to take over the website domain, seconded by Ackerman, all in favor, motion passed.

Emergency Management Plan update:  Clerk is to submit the form indicating the township’s interest in participating in the planning process.

Clearwater River Community Septic Meeting:  Johnson made a motion to waive the town hall rental fee for this cause, seconded by Ackerman, all in favor, motion passed.  Jeff Westrum will be contacting the Clerk with the date of the event.

Approve Election Judges:  Johnson made a motion to approve the following election judges for the upcoming annual election: Barry Hample,  Alvina Johnson, Marv Kinghorn, David M. Johnson and Colleen Kull, seconded by Ackerman, all in favor, motion passed.

Resolution 2017-01 Establishing Absentee Ballot Board:  Johnson made a motion to waive the reading of the resolution, seconded by Ackerman, all in favor, motion passed.  Ackerman made a motion to approve Resolution 2017-01, a Resolution Establishing the Absentee Ballot Board, seconded by Johnson, all in favor, motion passed.

Annual Meeting Planning:  Discussion was held regarding the upcoming annual meeting.

Meeting Dates:                         Planning Commission – February 27, 6:00 p.m.

Annual Audit/Budget – February 28, 6:00 p.m.

Monthly Meeting – March 6, 7:00 p.m.

Annual Election – March 14, 2:00 – 8:00 p.m.

Annual Meeting – March 14, 8:00 p.m.

Canvass / Reorganizational Meetings – March 16, 6:00 p.m.

No Building permits from Scott were received this month.

Correspondence:  Correspondence was reviewed which included:
Town Officers Association – Township Day at the Capital
Stearns County Environmental Services – CSP Wayne Jandik 19.10748.0000
Stearns County Environmental Services – Nemeth First Addition
Stearns County Environmental Services –Blue Skies
Ackerman made a motion to accept the correspondence listed above, seconded by Johnson, all in favor, motion passed.

Bills were reviewed.  Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 6945 through 6961, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Johnson, all in favor, motion passed.  Meeting adjourned at 8:23 p.m.

Respectfully submitted,
Jenny Schmidt, Clerk
Anne Ackerman, Chair


LYNDEN TOWNSHIP, STEARNS COUNTY
MONTHLY MEETING, JANUARY 9, 2017

Those present were Supervisors Anne Ackerman, Dave Johnson and Jerry Finch.  Clerk Jenny Schmidt and Treasurer Dan Torgersen were also present.   Ackerman opened the meeting at 7:00 p.m. and led the pledge of allegiance.

Ackerman asked if there were any additions to the agenda.  One item was added.  Ackerman made a motion to approve the amended agenda, seconded by Finch, all in favor, motion passed.

Minutes were reviewed.  Finch made a motion to approve the monthly meeting minutes, seconded by Johnson, all in favor, motion passed.

Treasurer’s report by Torgersen was reviewed.  Finch made a motion to accept the treasurer’s report, seconded by Ackerman, all in favor, motion passed.

Water Runoff Complaint (Property Identification [PID] #19.10600.0010-12):  Jon Holm of Granite City Iron Works met with neighboring property owner Dale Mathison and they will work to resolve any runoff issues without involvement of the Board.

Temporary Residence (PID #19.10304.0000):  The temporary residence has been removed and the issue is resolved.

Nemeth Final Plat (PID #19.10574.0000):  The Final Plat was signed outside of a regularly scheduled meeting as there were no changes between the Preliminary and the Final Plat.

Labeau Conditional Use Permit Revocation Appeal (PID #19.10367.0000):  The court file number assigned to this matter is 73-CV-16-4088.  The case was filed on 4/28/16, a motion was heard on 12/19/16, a pretrial hearing is set for 2/21/17 and a trial date of 5/1/2017 has been set.

All-Bid Compliance (PID #19.10748.0000):  As this property lies within shoreland, the owner applied to Stearns County Environmental Services (SCES) and received an after the fact construction site permit.  SCES determined it is a permitted use and screening is not necessary.  Ackerman requested the County consider screening requirements should a variance application be received.  The property is currently in compliance with impervious surface requirements.

Fulton Circle Legal Fees (PID #19.10790.0000):  The Turners have paid an additional $238 to cover publishing and recording fees.  Ackerman understood Township Attorney Mike Couri’s explanation to be that the additional $302.50 in legal fees would have been incurred to recertify the special assessment regardless of who purchased the property.  Johnson disagreed and believes the Turners should be responsible for the additional fees.  Discussion was held.  Finch made a motion to not charge the Turners the additional fees, seconded by Ackerman, Finch and Ackerman in favor, Johnson opposed, motion approved by 2-1 vote.

200th Street Dumping (PID #19.10236.0000):  As resident has been illegally dumping on 200th St.  Finch will draft a letter requesting ceasing the activity and details of cleanup requirements.

Clerk Training Follow Up:  Clerk Schmidt attending training regarding upcoming March township elections.  Head Election Judge Barry Hample has agreed to cover the required Clerk’s office daytime hours.

Dog Complaint (PID #19.10957.0000):  A letter was mailed on December 8th regarding a dog violation.  Owner Tim Melrose has contacted the Clerk requesting complainant information and copies of the complaints.  There were no written complaints, all were verbal.  Township policy does not allow release of this information.  Clerk will contact Melrose and inform him of this and remind him that he must comply with the ordinance as instructed in the letter.

County Ditch 39 Property Removal:  Johnson is requesting information regarding the Township’s assessment from the repairs to County Ditch 39.  The Township is listed as a benefitting property owner for 222nd St., 3rd Ave., 8th Ave., Fairfax & Fairmount Roads for a total share of $474.50.  The State of Minnesota is listed as benefiting from I-94, but no cost share is listed.  Johnson would like to confirm the amount paid by the township and if the State is paying their portion.  He also questioned if we were notified of the public hearing regarding Jim Voigt’s redetermination of benefits.  Clerk will review.

Shed House Ordinances:  Stearns County treats shed houses the same as stick built construction and they are allowed in all zones, though ordinance 439 section 6.2.1.C. notes that in a residential district an attached garage cannot have more square footage that the principal residence.  Ackerman will follow up to learn more about the two shed house permits recently issued.  Questions include certificates of occupancy, sunset clauses, and how these structures correlate to the fact that accessory buildings are not allowed as residential dwelling units.

Beaver Island Trail Grant:  Ackerman requested Board approval to send a letter in support of a grant proposal to be submitted by the Stearns County Parks Department for extension of the Beaver Island Trail through Lynden Township.  Johnson raised questions about trail maintenance, costs of trail crossing signs, and payment in lieu of taxes for lost revenue from land acquired for the trail.  Ackerman noted those issues could be addressed at a later date.  Finch made a motion to submit a letter of support, seconded by Ackerman, all in favor, motion passed.

200th Street Guardrail Damage:  Johnson was not able to find an accident report but the guardrail needs repair.  Finch will follow up.

JK Landscaping:  Jerry Konz of JK Landscape Construction inquired about selling retail landscape products from his current location at 19512 Hubble Road.  Ackerman has reviewed this with Jennifer Buckentine from SCES.  It was determined that a retail sales area may be allowed as accessory use in the industrial district according to Stearns County Ordinance 439, section 9.11.4.C. and the warehouse and distribution performance standards in 6.60.1.G.  Clerk will notify Konz via email.

Duplicate Recycling Bins:  An audit reflects there are 9 residents with 2 recycle bins, 4 own more than 1 parcel, and 5 do not.  It is the Board’s intent that recycling bins should be issued as 1 per parcel.  Clerk will relay this information to Republic and notify the 5 residents.

Public Hearing Billings:  Discussion was held and an agreement was made that if we do not charge the applicant for a public hearing, the Supervisors and Clerk will not bill for a separate meeting.  Ackerman will pay the $400 public hearing fee for her recent variance application and the Supervisors and Clerk will bill a separate meeting.

Construction Site Permits to County:  The Board had the understanding that Township Building Official Nancy Scott was sending these to the County as required by our Memorandum of Understanding.  Clerk will follow up with Scott.

Building Permit Surcharge Reports:  This report should be filled out and filed by the Building Official.  Clerk will notify Scott.

Approve Public Hearing Minutes:  Finch made a motion to approve the 12/5/2016 public hearing minutes, seconded by Johnson, Finch and Johnson in favor, Ackerman abstained, motion passed.

2016 Financial Reports:  Treasurer Torgersen will prepare a report for review at the upcoming Budget meeting.

2017 Newsletter:  Johnson will take over as newsletter editor since Karolyn Boucher will no longer be involved.

Meeting Dates:                         Planning Commission – January 30, 6:00 p.m.
Monthly Meeting – February 6, 7:00 p.m.
Audit/Budget – February 28, 6:00 p.m.

Building permits from Scott were reviewed.

Correspondence:  Correspondence was reviewed which included:
Stearns County Recorder – Miller/Ackerman Variance
Stearns County Environmental Services – Ordinance 439
Stearns County Emergency Management – Johnson
Stearns County Environmental Services –Gardner CUP
Ackerman made a motion to accept the correspondence listed above, seconded by Finch, all in favor, motion passed.

Bills were reviewed.  Ackerman made a motion to accept the bills and authorized payment utilizing check numbers 6921 thru 6944, seconded by Johnson, all in favor, motion passed.

Ackerman made a motion to adjourn the meeting, seconded by Finch, all in favor, motion passed.  Meeting adjourned at 9:05 p.m.

Respectfully submitted,
Jenny Schmidt, Clerk
Anne Ackerman, Chair