Planning Minutes - Lynden Township

Planning Commission Minutes 2014
2014 09 29 Planning Commission

Planning Commission Minutes 2013
2013 07 15 Planning Commission

Planning Commission Minutes 2012
Lynden Township – Stearns County
August 27, 2012

Those in attendance were Planning Commission Chairman Brian Nickolauson, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch and Dave Johnson. Finch called the meeting to order at 6:15 p.m.

Minutes from the February 27th, 2012 and April 20th, 2012 meetings were reviewed. Ackerman made a motion to approve the minutes, seconded by Finch. All in favor, motion passed.

The present members of the Planning Commission recommend to the Board of Supervisors approval of the Mark Storms plat, PID# 19.10526.0000.

The proposed plat was discussed and the following findings were established:
A. This plat is in compliance with Minnesota State Statute 462.358.
B. Woodridge Estates is a one lot plat.
C. The Plat is not adding building site density.
D. According to Stearns County it is considered a minor plat and a public hearing is not needed at the county level.

Based on the recommendation of the present Planning Commissioners and the established Findings of Fact, Ackerman made a motion to waive the need for a site visit, a resource assessment map, and a sketch plan, and allow the preliminary plat for Woodridge Estates to proceed to step 10 of Subdivision Ordinance #8, go directly to public hearing, and lower the cost of the application from $1000 to $400 according to the fee schedule for the Mark Storms plat, PID# 19.10526.0000, seconded by Finch, all in favor, motion passed.

Kantor made a motion to adjourn the meeting at 7:08 p.m., Finch seconded. All in favor, motion passed.

Respectfully Submitted,
James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
January 30, 2012
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, and Stearns County Environmental Services Director Chelle Benson. Finch called the meeting to order at 6:05 p.m.

Minutes from the December 12th, 2011 meeting were reviewed. Johnson made a motion to approve the minutes, seconded by Schueler. All in favor, motion passed.

Discussed Planning Commission procedures and policies. It was decided that the Planning Commission will meet only on as needed basis. Lynden Township will not be in search for a replacement Planning Consultant at this time.

Reviewed the TG Snowmobile Repair Permitted / Provisional Use Permit application. The Board of Supervisors rejected the application because it is not a permitted use in that zoning district and a letter will be sent.

Halverson made a motion to adjourn the meeting at 8:02 p.m., Schueler seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
February 27, 2012
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioner Cory Schueler. Finch called the meeting to order at 6:00 p.m.

Reviewed the site plan for Tire Solutions, Inc. with Rick Lang. As this was a permitted use, we outlined some of the ordinances that pertain to the industrial parks of Lynden Township.

Minutes from the January 30th, 2012 meeting were reviewed. Ackerman made a motion to approve the minutes, seconded by Johnson. All in favor, motion passed.

Discussed the site plan and ordinances of the animal daycare with Deonna and Justin Bouska. It was determined that the Bouskas would need a Conditional Use Permit as a kennel is a conditional use in Lynden Township. The Planning Commission also discussed the Conditional Use Permit process with the Bouskas.

Finch made a motion to adjourn the meeting at 7:48 p.m., Johnson seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
April 30, 2012
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman and Dave Johnson. Finch called the meeting to order at 6:11 p.m.

Minutes from the February 27th, 2012 meeting were reviewed. Ackerman made a motion to approve the minutes, seconded by Finch. Motion tabled due to lack of quorum.

Reviewed the Powell / Matthees land split for Parcel 19.10355.0000. Forwarded to Stearns County as it was determined that Lynden Township has no jurisdiction per Minnesota State Statute 462.358 4b.

Discussed and research Conditional Use Permits for parcels 19.10748.0001, 19.10748.0002, 19.10748.0003 and 19.10748.0004. None were found and referred back to the property owner.

Discussed the Transfer of Development Rights in Lynden Township.

Discussed revisions of the Lynden Township Subdivision Ordinance 3.2. The public hearing will be held on May 14th, 2012.

Finch made a motion to adjourn the meeting at 7:48 p.m., Johnson seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Planning Commission Minutes 2011

Lynden Township – Stearns County
December 12, 2011
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioner Cory Schueler, and Planning Consultant Chelle Benson. Finch called the meeting to order at 6:05 p.m.

Minutes from the October 24th, 2011 meeting were reviewed. Johnson made a motion to approve the minutes as amended, seconded by Schueler. All in favor, motion passed.

Discussed the Lynden Township Subdivision Ordinance 3.2 (Appendices A & B).

Johnson made a motion to recess the meeting at 6:58p.m., Schueler seconded. All in favor, motion passed.

Johnson made a motion to reconvene the meeting at 7:23p.m., Schueler seconded. All in favor, motion passed.

Discussed Planning Commission procedures and policies.

Johnson made a motion to adjourn the meeting at 8:04 p.m., Kantor seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
October 24, 2011
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioners Gary Stang, Cory Schueler, Planning Consultant Chelle Benson and Stearns County Planning Specialist Jennifer Buckentine. Finch called the meeting to order at 6:08 p.m.

Minutes from the September 26th, 2011 meeting were reviewed. Ackerman made a motion to approve the minutes as amended, seconded by Johnson. All in favor, motion passed.

Discussed the Lynden Township / Stearns County Memorandum of Understanding.

Discussed the Lynden Township Land Use & Zoning Ordinance 2.1 (New ordinance number 7). The public hearing for the ordinance change will be held on November 14, 2011 at 7:00pm.

Discussed the Lynden Township Sub-Division Ordinance 3.2 (sections 2, 3, 4, and appendenix A).

Johnson made a motion to adjourn the meeting at 7:59 p.m., Kantor seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
September 26, 2011
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioners Brian Nickolauson, Gary Stang, and Planning Consultant Chelle Benson. Finch called the meeting to order at 6:08 p.m.

Minutes from the August 29th, 2011 meeting were reviewed. Ackerman made a motion to approve the minutes as amended, seconded by Johnson. All in favor, motion passed.

Discussed the Administrative Land Split Certificate of Compliance with Dick Powell in regards to the Pauline Matthees plat. Stearns County has deemed this to be an Administrative Split. In addition under Minnesota State Statute 462.358 sub 4b the Township has no jurisdiction as it is over 20 acres. The Township requests a letter from the current owner before issuing the certificate.

Discussed with Eugene Koenig the minimum dwelling size. Koenig’s decision to change the dwelling size of the manufactured home to meet the Lynden Township minimum size of dwellings.

Discussed the Jeff Brunner plat. Stearns County is discussing possible amendment of the subdivision agreement. This would need to be done before this land further could be subdivided.

Discussed the Lynden Township Zoning Ordinance 2.1 and minimum size of dwellings.

Discussed the revisions to Lynden Township / Stearns County Memorandum of Understanding, Lynden Township Zoning Ordinance 2.1 and Lynden Township Subdivision Ordinance 2.3.

Discussed Lynden Township Road Specifications and Standards for changes.

Johnson made a motion to adjourn the meeting at 7:15 p.m., Ackerman seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
Aug 29, 2011
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioner Brian Nickolauson, Planning Consultant Chelle Benson. Finch called the meeting to order at 6:09 p.m.

Minutes from the July 18th, 2011 meetings were reviewed. Nickolauson made a motion to approve the minutes as amended, seconded by Ackerman. All in favor, motion passed.

Discussed the Jeff Brunner plat. The Planning Commission decided that Stearns County Environmental Services will start the plat procedure.

Discussed the Pauline Matthees plat. Under Minnesota State Statute 462.358 sub 4b the subdivision will be handled as an Administrative Land Split by Stearns County as it is over 20 acres. If there is an administrative split the Township will issue a Certificate of Compliance.

Discussed a phone call that Finch received from a realtor in regards to the Schreifels property at 1602 Davenport Road. The request for horses is a non-permitted use and they will need to provide proof that they have had horses within the last year to maintain the non-permitted use. Jerry will contact the realtor.

Discussed Lynden Township Subdivision Ordinance 3.2 sewage treatment and water supply standards. It was determined that we will make no changes to our ordinances.

Discussed Lynden Township Road Specifications and Standards for changes.

Discussed the Lynden Township Zoning Ordinance 2.1 and minimum size of dwellings. Discussed with Eugene Koenig the variance process in regards to minimum dwelling size for a manufactured home that does not meet current ordinance standards.

Discussed a phone call that Jerry received from Nathan and Kimberly Wheeler in regards to chickens on a residential parcel. It was determined that this falls under Stearns County Ordinance #439 Section 6.30 Keeping of Animals. Chickens are not considered a domestic animal and a letter was sent requiring them to come into compliance within 15 days. Inspectron will follow up with an inspection.

Johnson made a motion to adjourn the meeting at 8:16 p.m., Ackerman seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
June 27, 2011
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioners Brian Nickolauson, Cory Schueler, Planning Consultant Chelle Benson and Stearns County Planning Specialist Jennifer Buckentine. Finch called the meeting to order at 6:03 p.m.

Minutes from the May 31st, 2011 and April 25th, 2011 meetings were reviewed. Johnson made a motion to approve the minutes, seconded by Schueler. All in favor, motion passed.

Discussed the Lynden Township Residential Dwelling Unit standards in Section 7.18 of Lynden Township Land Use Ordinance 2.1 and how that would apply to recreational seasonal vehicles. This item was tabled for further research with the Lynden Township Attorney Mike Couri.

Discussed the Lynden Township Kennel Ordinance and how it relates to the Stearns County Ordinance 439 with Buckentine.

Discussed the Lynden Township Subdivision Ordinance 3.2 with Buckentine.

Johnson made a motion to adjourn the meeting at 8:07 p.m., Schueler seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
May 5, 2011
Those in attendance were Acting Planning Commission Chairman / Township Supervisor Jerry Finch, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler and Stearns County Planning Specialist Jennifer Buckentine. Finch called the meeting to order at 6:08 p.m.

Minutes from the March 21st, 2011 and April 25th, 2011 meetings were reviewed. Johnson made a motion to approve the minutes, seconded by Schueler. All in favor, motion passed.

Discussed the Lynden Township Subdivision Ordinance 3.2 with Buckentine.

Johnson made a motion to adjourn the meeting at 8:07 p.m., Schueler seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
April 25, 2011

Those in attendance were Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioner Cory Schueler, Planning Consultant Chelle Benson and Stearns County Planning Specialist Jennifer Buckentine. As a result of no quorum for the Planning Commission, an organizational meeting was held. No decisions / motions were made.

Discussed the Lynden Township Zoning Ordinance 2.1 with Buckentine.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
March 21, 2011

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioner Cory Schueler, Planning Consultant Chelle Benson and Stearns County Planning Specialist Jennifer Buckentine. Holman called the meeting to order at 6:07 p.m.

Minutes from the March 21st, 2011 meeting were reviewed. Holman made a motion to approve the minutes, seconded by Johnson. All in favor, motion passed.

Discussed the potential of the Lumley property development with Brian Musech.

Discussed the Lynden Township Zoning Ordinance 2.1 with Buckentine.

Schueler made a motion to adjourn the meeting at 8:07 p.m., Holman seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
February 28, 2011
Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioner Cory Schueler, Planning Consultant Chelle Benson and Stearns County Planning Specialist Jennifer Buckentine. Kantor called the meeting to order at 6:04 p.m..

Discussed the Lynden Township / Stearns County Memorandum of Understanding with Jennifer Buckentine.

Minutes from the January 31st, 2011 meeting were reviewed. Holman made a motion to approve the minutes, seconded by Johnson. All in favor, motion passed.

Schueler made a motion to adjourn the meeting at 8:07 p.m., Johnson seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
January 31, 2011

Those in attendance were Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, and Planning Consultant Chelle Benson. Kantor called the meeting to order at 6:11 p.m.

Discussed the Conservation Design training. Lynden Township will use the Conservation Design Scorecard as an evaluation tool when looking at perspective developments.

Discussed Stearns County Ordinance #439, Lynden Township Subdivision Ordinance 3.2, and the Lynden Township Memorandum of Understanding with Stearns County. Jennifer Buckentine will be requested to attend the February 28th, 2011 meeting to discuss this further.

Minutes from the November 15th, 2010 meeting were reviewed. Johnson made a motion to approve the minutes, seconded by Schueler. All in favor, motion passed.

Johnson made a motion to adjourn the meeting at 7:37 p.m., Kantor seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Planning Commission Minutes 2010

Lynden Township – Stearns County
November 15, 2010

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, and Planning Consultant Chelle Benson. Holman called the meeting to order at 6:04 p.m.

Minutes from the September 29th, 2010 meeting were reviewed. Holman made a motion to approve the minutes as amended, seconded by Schueler. All in favor, motion passed.

Discussed the Lynden Township Subdivision Ordinance and how it relates to the current Stearns County Ordinances and Memorandum of Understanding with Stearns County.

Discussed Stearns County Ordinance #439 and how it relates to the Memorandum of Understanding with Stearns County.

Halverson made a motion to adjourn the meeting at 7:39 p.m., Schueler seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
Monday, September 27, 2010

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioner Greg Halverson and Planning Consultant Chelle Benson. Holman called the meeting to order at 6:19 p.m.

Discussed the new Land Use and Zoning Ordinance #439 from Stearns County Environmental Services and how it relates to Lynden Township Subdivision Ordinance 3.2.

Minutes from the June 28th, 2010 meeting were reviewed. Holman made a motion to approve the minutes as amended, seconded by Halverson. All in favor, motion passed.

Discussed the Standard Operating Procedure checklist and process flow and document recording.

Discussed a Planning and Zoning Road Tour opportunity for the Planning Commission.

Kantor made a motion to adjourn the meeting at 7:33 p.m., Ackerman seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
Monday, July 26, 2010

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry, Finch, Dave Johnson, Planning Commissioner Cory Schueler, Clerk Del Moeller and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:04 p.m.

Minutes from the June 28th, 2010 meeting were reviewed. Holman made a motion to approve the minutes as amended, seconded by Schueler. All in favor, motion passed.

Discussed the Standard Operating Procedure checklist and process flow and document recording.

Discussed a request for an Interim Use Permit for the Todd residence of 2573 County Road 143, Clearwater.

Discussed the new Land Use and Zoning Ordinance #439 from Stearns County Environmental Services.

Kantor made a motion to adjourn the meeting at 7:12 p.m., Holman seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Lynden Township – Stearns County
Monday, June 28, 2010

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry, Finch, Dave Johnson, Planning Commissioners Cory Schueler, Gary Stang, Clerk Del Moeller and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:24 p.m.

Minutes from the April 26th, 2010 meeting were reviewed. Holman made a motion to approve the minutes as amended, seconded by Stang. All in favor, motion passed.

Discussed a permitted / provisional use home-based business of therapeutic massage at 18542 Drift wood Road.

Update and discussion on the possibility of the platting of the Lumley property at 18383 Dover Road.

Holman made a motion to recommend to the Township Board of Supervisors from the Planning Commission was made to approve the General Parking Prohibitions ordinance, seconded by Kantor. All in favor, motion passed.

Discussed sub ordinance 3.2. The topic was tabled until further notice.

Holman made a motion to adjourn the meeting at 7:59 p.m., Stang seconded. All in favor, motion passed.

Respectfully Submitted,
James Kantor, Lynden Township Planning Administrator

Lynden Township – Stearns County
Monday, April 26, 2010

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry, Finch, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, Gary Stang, Clerk Del Moeller and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:04 p.m.

Minutes from the January 25th, 2010 meeting were reviewed. Stang made a motion to approve the minutes as amended, seconded by Schueler. All in favor, motion passed.

Discussed flow process checklist for applications, notification standards and roles.

Discussed sub ordinance 3.2.

Schueler made a motion to adjourn the meeting at 7:47 p.m., Kantor seconded. All in favor, motion passed.
Respectfully Submitted,
James Kantor, Lynden Township Planning Administrator

Lynden Township – Stearns County
Monday, January 25, 2010

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry, Finch, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, Clerk Del Moeller and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:09 p.m.

Minutes from the December 14th, 2009 meeting were reviewed. Holman made a motion to approve the minutes, seconded by Johnson. All in favor, motion passed.

Reviewed previous Conditional Use Permits (C.U.P.s) and Variances and determined which needs to be recorded or are no longer valid that the following as they are currently permitted or lack of information.

Ackerman made a motion to rescind the C.U.P.s that are invalid, incomplete, or changed that the former conditional uses are now permitted uses, seconded by Schueler seconded. All in favor, motion passed.

Discussed Mel and Sharon Kramer property and noticing. Kantor sent information to the Kramers regarding their property. Benson will create a Standard Operation Procedure Checklist for Plats, C.U.P.s and Variances.

Discussed Lynden Township Kennel Standards ordinance and how it relates to the proposed Stearns County Performance Standards for kennels.

Holman made a motion to adjourn the meeting at 8:07 p.m., Schueler seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

Minutes – Addendum A – Rescinded C.U.P.s list:
Don Grovender “Books and Things”, May 2nd, 1994
John Broughner – Boardwalk Decks and Gazebo’s, August 1st, 1994
Countryside Campers (Roger Alekson), October 3, 1994
George Lumley / Carol and Joe Hurley, August 7th, 1995
Thomas Holovnia, October 6th, 1997
Susan Sopkin, June 1st, 1998
Richard and Leigh Holmen, August 3, 1998
R.H.C., Ray Hogrefe Concrete, March 1, 1999
Spring Water Service, April 5th, 1999
Frame and Car Dealer: Chris Skelton, April 5th, 1999
Stormy Landscaping, May 15th, 2000
JK Secure Storage, June 20th, 2000
Robert and Cheryl, October 2nd, 2000
Hans Foreign Car Parts, January 8th, 2001
Sue Gertken Therapeutic Massage, March 13th, 2001
Planning Commission Minutes 2009

Lynden Township – Stearns County
Monday, December 14, 2009
Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry, Finch, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, Gary Stang, Clerk Del Moeller and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:04 p.m.

Minutes from the September 28th, 2009 meeting were reviewed. Schueler made a motion to approve the minutes, seconded by Stang. All in favor, motion passed.

Reviewed previous Condition Use Permits (C.U.P.s) and Variances. Benson will do some further checking on the process to rescind old C.U.P.s and Variances.

Discussed conservation design in regards to the Comprehensive Plan and ordinances and subordinances. The Planning commission will review documents provided by Finch to further discuss conservation design and how it affects Lynden Township.

Discussed Stearns County Beacon Portal and issued usernames and passwords.

Holman made a motion to adjourn the meeting at 7:29 p.m., Schueler seconded. All in favor, motion passed.

Respectfully Submitted,
James Kantor, Lynden Township Planning Administrator

Lynden Planning Commission did not meet in October or November
Lynden Township – Stearns County
Monday, September 28, 2009

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Dave Johnson, Planning Commissioner Cory Schueler, Clerk Del Moeller, and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:04 p.m.

Minutes from the August 31st, 2009 meeting were reviewed and amended. Holman made a motion to approve the minutes as amended, seconded by Johnson. All in favor, motion passed.

Discussed the Kramer Variance Application approval as amended by the Board of Supervisors. Moeller will send a letter of approval to the applicant.

Discussed the Smith Variance Application approval as amended by the Board of Supervisors. Moeller will send a letter of approval to the applicant.

Discussed the Stearns County Beacon Portal system. Kantor will attend Beacon Portal system training September 29th, 2009 at Stearns County Administration Center.

Reviewed the Open Meeting law and Fair Hearing information.

Holman made a motion to adjourn the meeting at 7:10 p.m., Johnson seconded. All in favor, motion passed.
Respectfully Submitted,
James Kantor, Lynden Township Planning Administrator

Lynden Township – Stearns County
Monday, August 31, 2009

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commissioners Greg Halverson, Cory Schueler, Clerk Del Moeller, and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:02 p.m.

Minutes from the July 27th, 2009 meeting were reviewed and amended. Holman made a motion to approve the minutes as amended, seconded by Johnson. All in favor, motion passed.

Discussed the Kramer Variance Application requesting a variance for dwelling size and setback from the road. Public Hearing was set for the 16th of September at 7pm. A motion was made by Halverson to approve the Findings of Fact from the August 26th site visit recommending approval of the variances providing the entire structure was removed, seconded by Kantor. All in favor, motion passed.

Discussed the Findings of Fact from the site visit for the JK Self Storage Variance application. The Planning Commission recommended that the variance be approved and forwarded the information to the Township Supervisors. Public Hearing was set for the 16th of September at 8pm.

Discussed the Findings of Fact from the site visit for the Schneider Variance application. The Planning Commission determined that the variance was not needed as the lot meets R1 Zoning standards, which needs a 10 foot setback, which their request is within those setbacks. A recommendation was made to the Board of Supervisors that the application fee be refunded and approved.

Discussed the TG Repair business and the Permitted / Provisional Use Permit application that was requested. Kantor spoke with Tim Gruba and he decided that it would be easier to just remove the sign.

Discussed Conditional Use Permits with the changes in zoning ordinances. Kantor will look further into the current Conditional Use Permits to see if any are currently invalid as the previous standards are included in the current zoning ordinance. Benson will look further into the process of rescinding the Conditional Use Permits.

Discussed the Street Acceptance Policy and the information from the Minnesota Statutes for dedicated and plotted roads.

Reviewed and discussed the Planning Commission Audio Recording Resolution prepared by Johnson and amended to include all audio recordings by Kantor. Holman made a motion to recommend approval to the Board of Supervisors the resolution as amended, seconded by Schueler. All in favor, motion passed.

Schueler made a motion to adjourn the meeting at 8:08 p.m., Holman seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor,
Lynden Township Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
July 27, 2009
Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commission Members Greg Halverson, Gary Stang, Clerk Del Moeller, Planning Consultant Chelle Benson and Building Official Ron Wasmund. Rick called the meeting to order at 6:04 p.m.

Minutes from the June 29th, 2009 meeting were reviewed. Halverson made a motion to approve the minutes as corrected, seconded by Ackerman. All in favor, motion passed.

Street Acceptance Policy tabled until August 31st, 2009 Planning Commission meeting.

Discussed the Findings of Fact from the site visit for the Response Delivery Conditional Use Permit application. The Planning Commission recommended that the Conditional Use Permit was not needed for Response Delivery as they are currently meeting the Limited Industrial Zoning ordinance.

Discussed the replacement of the JK Secure Storage Wind Energy Conversion System (WECS). The system was declared a repair but does require a variance to the building setbacks.

Lynden Township received an anonymous letter of complaint regarding TG’s Repair & Salvage business within the neighborhood covenant. It was determined that Lynden Township does not enforce covenants. Kantor will send a Permitted or Provisional Use Registration form.

Holman received a phone call regarding the Melvin Kramer property requesting a variance and building setbacks for placing a travel trailer on the lot. It was discussed that the travel trailer would need a variance due to hardship. Discussed setbacks and variances due to hardship. Discussion was tabled until August 31st, 2009 Planning Commission meeting.

General discussion about some general inquiries about land subdivisions.

Holman made a motion to adjourn the meeting at 8:10 p.m., Johnson seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

LYNDEN TOWNSHIP – STEARNS COUNTY
Monday, June 29, 2009

Those in attendance were Planning Commission Chairman Rick Holman, Planning Administrator James Kantor, Supervisors Anne Ackerman, Jerry Finch, Dave Johnson, Planning Commission Member Cory Schueler, Clerk Del Moeller, and Planning Consultant Chelle Benson. Rick called the meeting to order at 6:09 p.m.

The minutes from the May 28th meeting were reviewed. Cory made a motion to approve the minutes as corrected, seconded by Dave. All in favor, motion passed.

The Stearns County Subdivision Ordinance was reviewed.

The Lynden Township Road Specifications and Standards, Appendix B of the Subdivision Ordinance was discussed. Chelle will do some further research on the recommended procedures. Tabled until July 27th Planning Commission meeting.

Cory made a motion to adjourn the meeting at 8:06 p.m., Dave seconded. All in favor, motion passed.

Respectfully Submitted,

James Kantor
Lynden Township Planning Administrator

LYNDEN TOWNSHIP – STEARNS COUNTY
MONDAY, MAY 28, 2009
Those in attendance were Planning Commission Chairman Rick Holman, Supervisors Anne Ackerman and Dave Johnson, Planning Commission Members Greg Halverson, Gary Stang, and Cory Schueler, Clerk Del Moeller, and Planning Consultant Chelle Benson. Rick called the meeting to order at 6.14 p.m.

The minutes from the April 20th meeting were reviewed; Gary made a motion to approve the minutes, seconded by Cory, all in favor motion passed.

Ron Wolseth was present. He presented an application for a Permitted/Provisional Use Permit (PUP). The proposed business is primarily for internet auctions but would also include light manufacturing and refurbishing, warehousing and distribution. He is also requesting permission to host live auctions on the site. The name of the business is K-BID.com and the proposed location is 2458 200th St. E. in the building formerly occupied by Sun Plastics.

Ron explained how the auctions run. He believes the business will not generate much traffic because most auction items will be shipped. He will have on-site viewing of auction items on Wednesdays, and local pick up for unshipped items will be available Fridays from 9:00 a.m. to 4:00 p.m. The main office for this business is located in Maple Grove; they provide the software and will be handling payment of state taxes. It was determined that the internet auction portion of the business qualifies as a permitted use.
Discussion ensued on the request to hold live auctions. Ron stated he would like to hold live auctions one or two times a year. A live auction is not a permitted use and would require a conditional use permit (CUP). A CUP would be necessary to address issues such as traffic, parking, and outdoor display areas. It was explained that a CUP application would require a site visit by the planning commission and a public hearing. Ron agreed to remove the request for live auctions from the PUP application and was given a CUP application. Ron will submit the application at a later date if he wants to pursue live auctions.

Dave made a motion to approve the PUP for K-BID.com with the changes noted, seconded by Gary, all in favor, motion passed.

TJ Repair: Rick made a visit to the site. There is no business sign visible. It was decided that he is no longer in business.

Mel Kramer: Mel is working with Stearns County Environmental Services (SCES) at this time. Review in June.

Pearson Wind Energy Conversion System (WECS): A letter was received from Don Adams, Director of SCES. It informed the board that their request regarding review of the 500 vs. 100 year floodplain maps did not meet the deadline for appeals and would not be heard by the Board of Adjustment. A short discussion was held. The letter will be sent to township attorney, Mike Couri. Dave will also follow up. At the June 1st regular monthly meeting this will be discussed with the township’s building inspector.

The planning commission was reminded to review the subdivision ordinance and the shoreland changes that are proposed by the Department of Natural Resources (DNR). These topics will be on the agenda in June.

Respectfully Submitted,
Del Moeller
Lynden Township Clerk

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
April 20, 2009
Those in attendance were Planning Commission Chairman Rick Holman, Supervisors Anne Ackerman, Dave Johnson & Jerry Finch, Planning Commission Members Greg Halverson and Corey Schuler, Consultant Chelle Benson and Clerk Del Moeller.

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

The minutes for the March 30th planning commission meeting were reviewed; Dave made a motion to approve the minutes, seconded by Jerry, all in favor motion passed.

TJ Repair Update: The business owner has not responded to requests to register his business. Rick suggested he would call on the owner personally. Review in May.

There was discussion about the property in the Leona G. Lumley Estate. The Lumley heirs want to plat the land. A surveyor from Jim Kyro & Associates who was surveying the Lumley property was informed there is a process for subdividing land in the township. The process is described in the subdivision ordinance and a copy was sent to the surveyor’s office. To date the township has not been contacted to start the process. Jerry provided detailed aerial maps of the Lumley property including Crooked and Long Lakes.
Jerry spoke with Mr. Winkeleman who is married to Shirley (Lumley). They are residing in the home on the Lumley farmstead. The cul-de-sac on Dover Road is part of the Lumley property, but has been maintained for more than six years by the township, so MN Statute states it can be claimed as a township road. This issue will be addressed when the township is contacted by representatives of property. In conclusion it was decided that Anne would compose a letter for Del to send to the heirs of the Lumley property informing them of the subdivision process and the date of the next planning commission meeting.
The township’s Subdivision Ordinance was discussed. Chelle suggested everyone review the ordinance in advance of a potential subdivision of the Lumley property. Copies were distributed to members as needed.

There was discussion of the establishment of a Special Protection Overlay District in the township. The Department of Natural Resources is proposing changes that should be finalized by the end of the year. The township is considering more restrictive standards for all lakes in the township’s growth areas.

Rick spoke with Dennis Niemi; he is interested in the Planning Commission position.
A date will be set for interviews.

Dave made a motion to adjourn the meeting, seconded by Jerry, all in favor, motion passed. The meeting was adjourned at 8:07 p.m.

Respectfully submitted,

Del Moeller
Lynden Township Clerk

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
Monday, March 30, 2009
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Members Corey Schuler, Greg Halverson, Supervisors Jerry Finch, Dave Johnson, Anne Ackerman and Consultant Chelle Benson.

Rick called the meeting to order at 6:07 p.m. Dave made a motion to approve the minutes, Anne seconded. All in favor, motion passed.

Todd Hodnefield was at the meeting to present information on a split on his family’s property. Rick had conferred with Environmental Services and confirmed that this can be handled as an Administrative Split, since there will be no additional building credits needed at this time. In the future it can be platted and additional building sites may then be available. Anne will prepare the necessary description of property division. Certificate of Compliance for this Administrative Split will be ready for signing at the April 6, 2009 Township Board Meeting, at which time it will be voted on.

History of cell towers was discussed. The company, which has the tower near Don Helget’s property, is requesting an additional platform. Ron Wasmund of Inspectron, Inc. had asked if there was anything in the township records that would prohibit an additional attachment to the current tower. Both Karolyn and Clerk Del Moeller spent a significant amount of time researching township records, but found nothing. It was decided that the township should let Ron proceed with the request and report back to the township board if more questions arose.

TJ Repair, which is a small engine repair shop on 5th Avenue has not responded to the original request to complete a “Permitted/Provisional Use Registration” form that Karolyn sent on February 2, 2009. Dave suggested that it be resent by certified mail, which Karolyn will take care of.

The Mel Kramer property is continuing to be monitored by Environmental Services. He is expecting to attend the Tax Equalization meeting and then will move forward with certification of the privy on his property. Following that, he can apply for variance from the Township regarding the size of the newer trailer he moved onto his property. The old trailer will be removed.

Ron Gohman, purchased the Karen Nemeth home and called the planning administrator requesting information about having a small pony on the 4.1 acres in an A-40 zone. His goal is to be more environmentally conscious and not irrigate and mow to the extent that is currently necessary. He may be requesting a Variance, but will keep in contact about his future plans.

Some discussion ensued about any possible expansion of Stearns County Warner Park, and if that should happen perhaps some kind of reimbursement of taxes that Lynden Township would lose should be part of future discussion.

Discussion followed regarding information on the proposed Transfer of Development Rights that Jerry Finch had presented that was being discussed by the county. It is necessary to have more information before any discussion that would lead to township decisions can take place. Jerry will keep us informed. Currently Lynden Township does not have Transfer of Development Rights into the Township.

The planning commission was made aware of the fact that some development may be coming on the former George Lumley property. The township will wait for information to be submitted. As soon as a contact person is made available, Karolyn will send a complete subdivision packet. There was also some discussion on how the shoreland will be impacted, and members voiced concern about how this area might be developed to still maintain the current environmental protection that this shoreline has. More research will be done. Perhaps this issue would need to be looked at including several lakes within the township.

The next Planning Commission will take place on Monday, April 20th, at 6 p.m.

A motion was made by Rick to adjourn the meeting, seconded by Dave. All in favor, motion passed. Meeting adjourned at 7:41 p.m.

Respectfully submitted by
Karolyn Boucher

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
Monday, February 23, 2009
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Member Corey Schuler, Supervisors, Jerry Finch, Dave Johnson, Anne Ackerman, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:02 p.m. Reviewed the agenda, with a minor change noted. A motion was made to approve the minutes by Corey, seconded by Dave. All in favor. Motion passed.

Rick asked if there were any additional items to add to the agenda. Chair Anne Ackerman said she would update the Planning Commission on the pending litigation with Pearson at the end of the regular agenda.

Karolyn brought the planning commission up-to-date on the fact that a private driveway has been found to be on a platted township road that is not developed. Al and Pam Sullivan discovered this issue on their recently purchased Grass Lake property. It is suggested by Environmental Services and Inspectron, Inc., the townships building inspector, that the road be either vacated or that they apply for a variance. After looking at the survey information, and researching vacating-MN Statute 164.07 of State Township Law, Consultant Chelle Benson suggested that the township road be vacated. By vacating the road it would clean up the description for any future sale of the property. This process would need a special meeting to hear a petition by landowners to discuss the issue, then a notice to neighbors, a public hearing, followed with a vote by township supervisors. Following this process Sullivan’s will be seeking permission from the county for building, since the property is in the shoreline district. Members agreed to proceed as Chelle had suggested using a vacation process. Del will prepare the notices for neighbors and public hearing notices.

Kris Moeller arrived at 7:36 p.m. to request the board’s signature on an Administrative Split that had been discussed at a previous meeting. The split will place Dan and Kris Moeller’s current buildings on five acres. The rest of the property will be considered non-buildable. This split was requested for mortgage purposes and will require Certificate of Compliance from both the township and county. It was decided that Anne would complete the form and have it ready to sign at the March 2 township board meeting.

A concern was expressed by Karolyn that we have not yet received anything regarding the property owned by Todd Hodenfield and the administrative subdivision he is requesting. That will be tabled until next month. A CUP may be required. A LESA Score determination needs to be made by the county.

No response yet from TJ Repair requesting him to register as a home operated business.

The Kramer recreation trailer on Eaglewood Rd was discussed. Karolyn has been in discussion with both Kramer and Environmental Services. The first part of the process will be to have the privy certified, or find an alternative septic/waste handling option. Nothing can be done until spring thaw and the ground has dried out. Kramer has been in frequent contact with the county and is on task with this issue.

Transmission line handout was briefly discussed. Members will keep abreast of this process and how it affects Lynden Township.

Pearson’s Wind Energy Conversion System and the county hearing process were discussed. The lawsuit against the township has not been withdrawn. There is a possibility that there will also be a lawsuit by the development association in regards to the erection of a WECS. Chelle noted that Stearns County has the right to vary the line of floodplain, which had not been taken into consideration at the county level. There is an appeals process that can happen, but to date that has not been put into place. The Planning Commission voiced some frustration that the County Commissioners had not had a chance to thoroughly explore the Pearson WECS before the vote was taken. It appears that this is at a “wait and see” stance at this point.
Some discussion ensued about county training sessions, what sessions would be offered and who would be attending.

Rick made a motion to adjourn the meeting at 8:07. Corey seconded the motion. All in favor, motion passed.

Respectfully submitted
Karolyn boucher, Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
Monday, January 26, 2009
Those present were Planning Chair Rick Holman, Planning Administrator Karolyn Boucher, Planning Commission Members Cory Schueler, Greg Halverson, Gary Stang, Supervisor Dave Johnson, Supervisor Jerry Finch, Supervisor Anne Ackerman, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:06 p.m. Greg made a motion to accept the minutes as presented, Rick seconded. All in favor, motion passed.

Members continued to discuss any changes on the Lynden Township Comprehensive Plan. A public hearing was held on January 12, 2009, with no members of the public attending and no written submissions.

Members and supervisors- suggested some minor changes
• 1.3.2 Discussion on “Principle” spelling use

• 1.4.6 Related to Industrial Development – should say “Lynden industrial areas”

• 1.5.2 Referencing I-94 at Co. Rd. 75, Makes reference to planning for a new interchange. This is Opportunity Drive, and it has now been installed.

• 1.5.3 Dust Suppressant– Have expanded program to “ continue use of dust suppressant”

• Page 21 – T “Insure” necessary services, Strike insure

Z – Will Impair – Should say Will Not Impair

• Page 41 to 42 – Do any changes need to be made to highway collection systems?
No changes need to be made.

• 3.2 – Continue to support River County Bike Trail expansions and extension of Beaver Island Trail System.

• Page 44 – Land Use 2.1, should now be referenced as “Land Use 2.1 or successor.”

3.2.3 – Soil Erosion section was tweaked slightly to include points of clarification, as were mentioned in drinking water clarity.

3.2.6 – Storm water plan – minor spelling and grammatical changes.

3.4.6 Some wording changes to Mississippi River and Clearwater and natural environmental areas section. This should include reference that Mississippi River is deemed a scenic area by DNR.

After this discussion the board was ready to vote these final changes.

Anne made a motion to approve and adopt these most recent changes to Lynden Comprehensive Plan, Jerry seconded. No further discussion. Motion carried.

A suggestion was made that this vote be included as an informational item at the next township board meeting on February 2, 2009, so it will be reflected in board minutes, as well as the planning commission minutes.
Ordinance Changes – Amend Lynden Ordinance 2.1 to Lynden Township Ordinance 2009-1- and include:

• View shed definitions. Using county numbering purposes
3.2.216a – Clarified definition. “View shed is space that is readily visible from public and/or private areas.”

• Questioned if we need to add public/private view shed. Members agreed we need to be more inclusive to include both.

• Preservation of view shed is a goal of designation of open space, greenways and buffers.

• Amend Section 6.1 Accessory Buildings – Agricultural
Add “A construction site permit, will be issued by the Lynden Township Building Official for all agricultural structures.”

• Section 6.51.3a Add * to all residential districts and shore land overlay district in table.

• Third Column of Table – A Conditional Use Permit is required in 6 kw- 40kw, Shore land Overlay District

• Section 6.51.4 – Guy wires shall be subject to setback requirements.

• Section 6.52 Alternative Energy – A freestanding alternative energy structure greater than 15 sq. ft. or in excess of 35 ft. in height not currently regulated in Stearns County Ordinance #209, shall require a Conditional use Permit.

Section 8
• Section 8.3 District Regulations – Add Section 8.3.1 A Residential plats that were approved prior to April 21, 2000 shall be considered as though zoned R-1 District regardless of the primary or underlying zoning district in which they are located. Any further subdivision within these residential plats that will increase the residential density to a greater level than otherwise allowed in the primary or underlying zoning district shall not be allowed.

Rick called for discussion. No additional changes were discussed. Motion was made by Dave to accept Lynden Township 2009-1, which would amend Lynden Township Ordinance 2.1 with publication by summary, and made a motion to approve the amended Ordinance 2.1 as presented by Lynden Township Ordinance 2009-1, and to authorize the Township Clerk and Township Chair to sign said document and file it with the county, Jerry seconded the motion. All in favor, motion passed. Effective on the date of publication.
Provisional/Permitted Use Form
Supervisors suggested that this form should be used with all businesses in Lynden Township. A small business had been directed to contact the Planning Administrator to clarify what his business was. A resident had asked a question if this was salvage or was it just a repair. The concern was if it is salvage, where are the contaminants going-oil, gasoline, etc. Karolyn was directed to send a letter and a Provisional/Permitted Use Form to a resident at 16156 5th Ave., noting that there is no fee.

Supervisors suggested that this form should be used with all businesses in Lynden Township as we learn about them. Discussion continued that our relationship with industrial and business owners is not strong, and some discussion followed that perhaps we should consider some kind of annual meeting with them to help identify their needs and assist them with problem solving. No decision was made.
Memorandum of Understanding
It was suggested that the township identify where an original electronic copy of this document is, in case we wish to make some changes to it. The township consultant will do research.
Water Quality
Greg Halverson, who is on the Stearns County Water Management Advisory Committee, reported that money was channeled to monitor of Long and Crooked Lakes in Lynden Township. More township lakes are scheduled to be monitored in the coming year and he will update board members as information is available.

Pearson vs. Township
A brief update was given on the lawsuit that is pending, and the committee was told that the Pearson Wind Energy Conversion issue would be before the County Commissioners in the form of a public hearing on Feb. 17, 2009.

A motion was made by Rick Holman to adjourn the meeting, Gary seconded it. Motion carried. Meeting adjourned at 7:40 p.m.
–Respectfully submitted
Karolyn Boucher
Planning Administrator

Planning Commission Minutes 2008

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

December 15, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Cory Schuler, Greg Halverson, Supervisors Dave Johnson, Anne Ackerman, Jerry Finch and Consultant Chelle Benson.

Rick called the meeting to order at 6:05 p.m. Minutes from the November 24, 2008 Planning Commission meeting were reviewed. Jerry made a motion to accept the minutes, Dave seconded the motion. All in favor, motion passed.

Consultant Chelle Benson presented the changes that had been discussed at the previous meeting. The Lynden Township Comprehensive Plan has been reformatted to be similar in presentation to what is used in Lynden Township Ordinances and Stearns County Ordinances, and includes section numbers as well as letters under each section. This had been encouraged so it would make for easier reference when discussing a specific area.

Lynden Township Zoning Ordinances Changes have been created to better define the area of view shed in Section 3 Definitions, 3.2.216 A; and also in 3.2.227-Zone of Visual Influence. This was done using a number of different sources, plus using Wikipedia for descriptions and verbiage.– (See Attachments)

In discussing Section 6 Performance Standards, Section 6.51.3 District Regulations, planning commission members dealt with the height of Wind Energy Conversion Systems (WECS) towers. After much discussion it was agreed that towers be limited to 35 feet with a total WECS height of 40 ft. from natural ground. A Conditional Use Permit is required for all towers greater than 40 feet in all Residential Districts or on residentially designated parcels and in the Shoreland Overlay District. Only one WECS allowed per residential lot. (See Attachment)

An addition was made to the WECS Table listing 6kw-40kw where a Conditional Use Permit is required for all towers proposed in Shoreland Overlay Districts. (See Attachment)

Section 6.51.4 Included language about setbacks and it was stated that all WECS and Meteorological Towers (MT) shall adhere to setbacks in the table listed below this section, and that guy wires shall be subject to setback requirements. (See Attachment)

Section 6.52 Dealt with other Alternative Energy sources including a statement that any energy structure 15 sq. feet in size or in excess of 35 feet in height not currently regulated in Stearns County Ordinance #209, shall require a conditional use permit. (See language in attachment)

In the Lynden Township Comprehensive Plan (LTCP) changes were suggested in the Natural Environment Goals, including a goal of reduction or minimizing noise and air pollution in Section 2.3.7, E. Members had suggested that there was a need to protect existing neighborhoods. (See attachment for complete description.)

In Section 3.2 Concept Plan, better definition was made for encouraging alternative energy and sustainable development practices while using conservation design. (See attachment)

In LTCP, Alternative Energy Section 3.3.11, members felt the need to promote and define the development of renewable energy, while recognizing the need for conservation of natural resources and efficiency. (See attachment)

Section 3.3.11 referenced changes to land use issues and the necessity to consider impacts. This was continued into 3.4.2 where residential density was defined and caution was given to manage use to maintain the features of the area. (See attachment)

In Section 3.5 under Transportation Plan, reference was made to Access Management Guidelines with the Stearns County Comp Plan for clarification. (See attachment)

Commission members agreed that the document contained the changes Chelle had been directed to make. It was decided a public hearing would be set for January 12, 2009 to hear discussion of these amendments. Karolyn was instructed to place a Notice of Public Hearing in St. Cloud Times and the Clearwater Tribune and was instructed to make copies of said proposed documents available on Lyndentownship.org, the Clearwater Library and to have a copy available for the township clerk.

A motion was made by Rick to adjourn the meeting at 8:11. Jerry seconded, all in favor, motion passed.

–Respectfully submitted
Karolyn Boucher, Planning Administrator
Lynden Township

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
November 24, 2008
Those present were Planning Commission members Chairman Rick Holman, Administrator Karolyn Boucher, members Cory Schueler, Greg Halverson, Gary Stang, Township Supervisors Anne Ackerman, Dave Johnson and Consultant Chelle Benson.

Chair Rick Holman called the meeting to order at 6:08 p.m. Minutes from the November 17, Special Planning Commission meeting were reviewed. Dave made a motion to accept the minutes with an amendment, Cory seconded the motion. All in favor, motion passed

Anne requested that discussion of inspection processes for Ag Buildings be added to agenda. Much discussion ensued. Rick made a motion to recommend to the Town Board that they look at establishing a site visit by the township building inspector to verify lot lines and setbacks on all Ag buildings. Greg seconded it. All in favor, motion passed.

Discussion continued regarding alternative energy with the township consultant defining any area of our current Lynden Township Comprehensive Plan and Lynden Ordinance that made reference to community identify and character, as well as reference to encouraging alternative energy in specific areas. Special emphasis will be given on new development within the township in regards to view-shed, and attempting to keep the view aesthetically pleasing for all residents.

A suggestion was made that the Township Comprehensive Plan be reformatted to be similar to that of an ordinance, with more division being done by section numbers and letters which would make it easier to be referenced. Chelle will reformat.

Recommended changes are to be approved by the Planning Commission after the final draft. It will then be presented to the Lynden Township Board of Supervisors, and will next be presented at a Public Hearing prior to a final vote by the Lynden Supervisors.

It was agreed upon that the December meeting be scheduled for Monday, December 15, at 6 p.m.

Greg made a motion to adjourn the meeting at 7:53 p.m., Karolyn seconded it. All in favor, motion passed.

Respectfully submitted.
Karolyn Boucher, Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
November 17, 2008
LYNDEN TOWNSHIP – STEARNS COUNTY
PLANNING COMMMISSION
Special meeting to discuss alternative energy
Monday, November 17, 2008

Those present were Planning Commission members Cory Schueler, Greg Halverson, Gary Stang, Planning Administrator Karolyn Boucher, Township Supervisors Anne Ackerman, Jerry Finch, and Dave Johnson and Consultant Chelle Benson.

In the absence of Planning Chair Rick Holman, Karolyn called the meeting to order at 5:40 p.m. Minutes from the October 20, Special Planning Commission meeting were reviewed. Gary made a motion to accept the minutes with some changes Anne had made to the minutes, Greg seconded the motion. All in favor, motion passed. Minutes from the October 27, Planning Commission meeting were also reviewed. Greg made a motion to accept the minutes with the changes Anne had suggested. Gary seconded the motion. All in favor, motion passed.

New copies of the Stearns County Ordinance # 209, which was approved by the County Commissioners in June 2008, (printed July 2008) were passed out to members that had not previously received them.

Karolyn had been instructed to research the small “do-it-yourself” wind energy kits that are available at local retailers-Fleet Farm, Northern Tool and Equipment, etc., and members reviewed the information. Most of these systems have a maximum height of 30 to 35 feet, with most blades not being more than 3 feet in length. These systems do not hook into the power grid, but require converters, invertors and batteries for storage. In discussing the roof-mounted systems with the Lynden Township building inspectors, it was decided that more research needed to be done in regard to stabilization and noise.

After much discussion and using the aforementioned information as a guideline, the Planning Commission suggested establishment of wind energy conversion systems as a permitted use in residential areas using a maximum tower height of 35 feet, with not more than a five-foot blade length. Lynden Township will use the county’s guideline of 1.1 times as the setback from property lines and other structures. It was suggested that anything beyond a 35-foot tower height will require a Conditional Use Permit, and it was suggested that only one tower would be allowed on each residential building site. In addition, energy output will be less than 6kw as anything greater than this requires a Conditional Use Permit according to the County ordinance.

Discussion ensued about the need to develop additional guidelines for solar energy, and other alternative energy. Members were encouraged to research “do-it-yourself” kits for solar energy, and roof mounted wind energy specifications and come back to the next meeting with some information.

Chelle will review the wording in the Lynden Comprehensive Plan and the Lynden Township Zoning Ordinance and will propose some changes at the next meeting, which is slated for Monday, Nov. 24. Recommended changes are to be approved by the Planning Commission, and the Lynden Township Board of Supervisors will hold a Public Hearing prior to a vote.

It was agreed upon that the December meeting be scheduled for Monday, December 15, at 6 p.m.

Gary made a motion to adjourn the meeting at 7:25 p.m., Greg seconded it. All in favor, motion passed.

Respectfully submitted.
Karolyn Boucher, Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

October 27, 2008
Those present were Planning Administrator Karolyn Boucher, Planning Commission Members Greg Halverson and Gary Stang; Supervisors Dave Johnson, Jerry Finch and Anne Ackerman; Consultant Chelle Benson. Karolyn called the meeting to order at 6:05 p.m.

Members discussed minutes from the October 20, 2008 meeting. It was decided to make future minutes more of an abbreviated format. A motion was made by Gary to revise the minutes from Oct. 20, 2008, into a summary form and include only highlights of the discussion and not every detail. Greg seconded the motion. All in favor, motion passed. Karolyn will rewrite the minutes.

Reviewing information from the October 20, 2008 Planning Commission, Gary suggested that these are the items we accomplished.
• Jerry will be bringing a new map showing density/development in our township.
• Firewall was discussed, which would automatically establish ground rules for existing residential areas, already developed.
• Do we want to create new criteria for future developments in the township?

• What is the specific height and what was it in reference to. . .top of pole, top of blade, etc.? Anything that goes over the height requirements goes into a Conditional use Permit (CUP).

• 60 ft restriction in any already developed area, and the already established 1.1 times setback distance from any property line.

• It was suggested by a member that we may be seeing many more alternative energy systems going up, since small units are available at Fleet Farm, Northern Hydraulics and other places.

• Questions to base our wording on included: If you can screen your structure from the view of others in your neighborhood, are you ok with it? Who is to decide what is acceptable if we don’t do it by CUP? How many of our residents actually are in platted developments? Are you protecting the current homeowners by using a CUP process on all properties, or should it only be in the new developments? Main duty of this commission is to protect the health, safety and welfare of township residents. When are we protecting it and when are we doing something more obtrusive to personal property rights?

Technology is changing very quickly and we need to develop our wording to be open in the future. Members continued to state they were in favor of alternative energy systems, but that they needed to be built in lower density areas.

Members referenced the county ordinance for wind energy systems, Stearns County Zoning Ordinance, Section 6.51.3, and it was thought that we could make our wind energy guidelines more restrictive. Using a pole height of 60 ft., with less than 6kw would require a CUP in R-1, R-5, R-10 and R -20. Members agreed that this seemed like a logical equation, and using the county guidelines in Section 6.51.5, of 1.1 times the total height for property setbacks of property lines, right of way and occupied structure are appropriate in all existing development. Should we also think about towers attached to buildings? More research is needed here. Having a CUP for existing developments seems to be the way to go, newly platted developments may be considered differently.

The issue is that you balance the right to a person’s right to be green against what the impact is having against the neighbors. How do we show that we are encouraging green energy and yet monitoring that for the best of township residents?

Discussion continued about a recreational trailer that was put in on a lake lot on Eaglewood Rd. without a permit. Karolyn is working with the owner to bring the situation into compliance.

The next planning meeting will be on Monday, Nov. 17 at 5:30 p.m. Dave made a motion to adjourn the meeting, Anne seconded it. All in favor, motion passed. Meeting was adjourned at 8:12 p.m.

Respectfully submitted
Karolyn Boucher, Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

October 20, 2008
Those present were Planning Chair Rick Holman, Planning Administrator Karolyn Boucher, Planning Commission Members Cory Schueler, Greg Halverson and Gary Stang; Supervisors Dave Johnson, Jerry Finch and Anne Ackerman; Consultant Chelle Benson. Rick called the meeting to order at 5:37 p.m.

Rick asked if everyone had a chance to review the minutes from the previous meeting. Anne suggested some minor changes. A motion was made by Anne to approve the minutes with the suggested changes. Jerry seconded the motion. All in favor, motion passed.

• Kennel Inspection Form. Some members had not seen it, and it was decided to send an email of the form to Planning Commission members for their review.

• Discussion was based on alternative energy sources and view-shed, view-shed management, what is appropriate and what is not appropriate, and the whole idea of protecting our township, yet being sensitive to the need for more alternatives. Alternative energy sources in existing developments versus alternative energy in new developments discussion was held. Maintaining the rural nature of our township, yet allowing some alternative energy sources in newer developments was discussed.

• There was some discussion of the time frame of the current moratorium, and members were advised that the moratorium relates only to residential areas.

• The township consultant advised the township to look at the Lynden Comprehensive Plan and the language it included and any possible changes that should be made as new alternative energy sources become available. There was discussion as to how alternative energy systems in certain areas should be handled. Should it be allowed in R-5, R-10, R-20 and what is allowed in that area? It was agreed that a map showing the density of population would be helpful in defining why it may or may not be allowed.

• The general consensus of members was that in the long run alternative energy systems will probably be more beneficial in large wind farms as opposed to smaller systems, but do we want to
prohibit an individual’s right to build a wind energy system if he so chooses, or should it be on a case-by-case basis? A question arose if establishing an overlay district, and if creating an overlay district wouldn’t control the whole question of view-shed issues.

In researching the noise emissions, Rick stated that he had researched language in Wright County, and that it is pretty consistent talking about clearance and height. The whole noise issue is really not an issue. Members agreed that if proper setbacks were in place, the noise would not be an issue.

Chelle shared that in northern Benton County there is a proposal for 200 wind energy towers, and some leases for property are already in place. Again, reinforcing that this technology of wind energy is growing rapidly.

Some members felt it important to give individuals the “opportunity” to build towers, and not use all negative terms-ex: not allowed, prohibited, etc., but to have them built with Conditional Use Permits (CUPs) in place which would allow for individual interpretation. The conversation continued with all agreeing that each situation needed to assess individually. Members realize that it is totally different if you purchase a house when there is already a wind tower in the area, or if you have a home and someone is trying to retrofit a wind tower into the neighborhood. If you are aware in advance that you will have an alternative energy system in your view shed it is different than if one is added after you have purchased a home.
• View-shed is really about protecting the rural character, and not talking about impeding or changing the view of residents of the township. The problem is that we need to develop some view-shed criteria, Chelle said. She suggested that we would want to include this in the Lynden Comprehensive Plan and provide specific CUPs for view-shed issues. Members agreed that there is a need to develop criteria for what is acceptable in view-shed.

• Do we think that the “freight train” of this new technology is going to move forward so fast that we won’t be able to control it? Gary asked. Jerry agreed that the cost of units will continue to decrease and it will be more affordable for the common person. The question also came up as to the attitude of power companies and their abilities to handle this new technology.

• Jerry Finch asked if the township can come up with more specific language because of our experience and would it be appropriate? Members questioned if the planning commission wanted to consider height only, and better define what we want to see in terms of residential areas. Chelle asked, “What height do we want to use?” Anne said that if we set the height of these towers and have residents repeatedly asking for variances, then our parameters are too restrictive.

• The question was asked if personal benefit versus community benefit would be a qualifier. How does the township identify these issues? If it is a personal benefit instead of community benefit, would it might be denied?

• The question arose if the township should adopt the language in the County Ordinance, Section 8.2.3 that has recently been removed, as part of Lynden language and it would give us the parameters that are needed? Chelle suggested that it might be a good idea and that would require us to identify an overlay district. Again, members voiced concern that we need to think of how things will change down the road.

• Land Use Ordinance Section 9.3 says the size of the lot dictates zoning. If the township identified the subdivision and density of housing, instead of strictly zoning then it allows for easier definition, and would allow the residential view-sheds to be protected.

• A discussion ensued about the possibility of the newly proposed power transmission line doubling as a wind farm system. Jerry said that in parts of western Minnesota there may be some of that, but there is no indication that is happening in this area.

It was suggested that the planning commission may want to think about a menu idea to include in the possible changes, and make some suggestions about what things might be added.

• Chelle asked if at the next meeting we want to study additional maps and establish what we want to do about identifying subdivision maps. We might possibly make changes in three places- Lynden Comprehensive Plan, Lynden Zoning Ordinance and Lynden Subdivision Ordinance. Chelle asked members to review those documents and come prepared to the next meetings ready to discuss.

Members went on to discuss some of the areas where we were well ahead in our thinking in development options- examples include community septics, infiltration ponds. But the guidelines for alternative energy are different because it has not been defined in many townships.

Chelle suggested that we do more research and continue our discussion at the next meeting.

Rick reviewed the next meeting dates which are slated for Monday, Oct. 27, at 6 p.m., and Monday, Nov. 17, at 5:30 p.m.

Rick asked for a motion to adjourn the meeting at 7:29 p.m. Gary Stang made the motion, Greg Halverson seconded the motion. All in favor, motion passed.

Respectfully submitted
Karolyn Boucher, Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

September 29, 2008
Those present were Planning Administrator Karolyn Boucher, Planning Commission Member Cory Schueler, Supervisor Dave Johnson, Supervisor Jerry Finch, Supervisor Anne Ackerman, Consultant Chelle Benson and Clerk Del Moeller. Karolyn called the meeting to order at 6:02 p.m.

Kriss Moeller, property owner in Lynden Township, brought information regarding a split of her property. Since Planning Chair Rick Holman had previously discussed this with her and he was not at this meeting, it was suggested she review this with him before proceeding any further.

Property owner Roger Brown presented a platted print of 75+ acres. Chelle Benson referenced Stearns County Subdivision Ordinance 230, Section 9.3.8C. After reviewing the information, it was suggested by Chelle that instead of making the lots 19.07 acres and 20.93, each lot should be an equal split of 20 acres each and that would enable him to complete the split using the Administrative Subdivision process.

Minutes from the August 25, 2008 were reviewed. Anne made a motion to approve the minutes, but before the approval was seconded, discussion moved to the township’s subdivision. Discussion continued including articles written by Randall Arndt, who references view shed. It was also stated that as the County Planning Commission continues to study the county subdivision process it may need to look at adding more in writing regarding “view shed” and “community character.” Information that each planning commission member had gathered regarding alternative energy sources was discussed

Members agreed that we start updating our plans by discussion of “Green Design,” using that concept as we think about what we feel would be a desirable element and aesthetically pleasing, and that members try to detail what creative ways a subdivision could be developed using green design, and try to have it done during the current moratorium.

Cory seconded the previously made motion to approve the minutes. Cory questioned if we could approve the minutes since we didn’t have a quorum of the Planning Commission. A vote to approve minutes would be appropriate since the township supervisors are also on this board. Members voted to approve the minutes. All in favor, approval of minutes passed.

Discussion moved on to the Kennel Inspection Form that has been prepared by the township. Minor changes were made to the form, with final approval to be given at the next meeting of the township board.

Dave made a motion to adjourn the meeting, Cory seconded the motion. All approved, motion carried. Meeting was adjourned at 8:10 p.m.

Respectfully submitted
Karolyn Boucher, Planning Administrator

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

August 25, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Cory Schuler, Supervisor Dave Johnson, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:00 p.m. Rick made a motion to approve the July 28, 2008 minutes. Cory seconded it, all in favor, motion passed.

With Chelle Benson’s leadership, the commission reviewed the Lynden Township Comprehensive Plan. The commission was reminded that we might be more restrictive than the county in areas that we feel are important to residents of our township. Example: People in this township appear to be more aware of their view shed, so they can protect property values. Cory, a real estate agent, said it is impossible to document what impact view shed has on property values, partially because the real estate market is changing. However, most property owners in general, are anxious to have good view shed.

Rick asked if the commission was ready to move forward, asking what part of the Lynden Township Comprehensive Plan do we need to update? Chelle noted that we need to reference current guidelines and then list what changes we wish to make.

It was noted by Chelle that a moratorium on WECS has been filed to give the commission time to review the county’s guidelines and determine if this would be something we should examine for more restrictive guidelines.

Page 13 of the Lynden Comprehensive Plan (LCP) talks about Neighborhood and being cohesive. It is the commission’s opinion now as it was when the plan was last reviewed, that this township is not readily identifiable as a cohesive, social community, because residents work, attend schools, and participate in church and social activities in other communities. The challenge is how do we make our community more unique?

Page 15 of LCP references Natural Environment Goals. Commission members agreed with all of the items previously outlined in this section, adding that in addition to protecting our environment we need to think about protecting the view shed, and thus need to be careful about where alternative energy sources will be placed. The Planning Commission” confirmed the previously designated areas of agricultural and industrial areas as good locations for alternative energy systems.

Page 16 of LCP Natural Environment Policies In the “Development” section, members discussed the fact that view shed could be a word that could be added in #1. (Encourage the use of concentrated urban development patterns and cluster development concepts where protection of natural features and view shed are important to the community, which will enhance development desirability.

Page 18 of LCP Land Use Goals – Members reviewed each Land Use Goal that had been previously established; adding that we should also talk about land use in relation to the impact it has on wildlife.

Page 19 of LCP Land Use Policies. #4 – Commission members agreed that an addition of some forecasting of what future development might take place in Lynden Township would be appropriate.

Page 21 of LCP #16 – Commission will review this section adding discussion on addressing topography, and view shed.

Page 22 of LCP #21 & 22 Continue to look at innovative ways to upgrade development into more aesthetically pleasing neighborhoods.

Page 22 of LCP #25 Members discussed energy conservation and the visual pollution that it may bring. Members wanted to research this more.

Conversation jumped to page 55 of LCP where cluster development is discussed. Chelle suggested that members might want to look at our Subdivision Ordinance and review that information before proceeding with this discussion.

The Planning Commission next discussed Stearns County Ordinance #209, (SCO) Section 6.48.3 and the changes that had recently been made. It is the Lynden Township Planning Commission’s feelings that a WECS should only be allowed in residential zoning with Conditional Use Permits, for all heights and KWs. Members felt that in SCO #209 Section 6.48.2 that letter F, Needs more definition of the equipment, ex: noise at various distances, and complete description of all the equipment, not limited to type of blade and turbine, but including tower type and its descriptions, and environmental definitions. In addition, there appears to be a need of acoustical analysis on all types of WECS in decibels at tower and 100 feet from property lines.

No vote was taken on any of this discussion. Members felt more research was definitely warranted on this subject. Dave will research wind and ice load. Rick will research general information from several contractors of wind energy systems. Chelle will research what other areas have done in relation to rules and ordinances governing alternative energy systems. Members are to bring back any information they find to the Sept. 29th meeting.

Dave made a motion to adjourn the meeting, Rick seconded it, all in favor, motion passed. Meeting adjourned at 7:48 p.m.

Respectfully submitted,
Karolyn Boucher, Planning Administrator
Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP – STEARNS COUNTY
PLANNING COMMMISSION MONTHLY MEETING
Monday, July 28, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Greg Halverson, Supervisors, Jerry Finch, Dave Johnson, Anne Ackerman, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:01 p.m. Reviewed the agenda and an addition to the agenda was made by Rick, to discuss a question Dan Moeller had asked of him about building entitlements.

Anne asked about the Administrative Split that was completed and signed in her June absence. Karolyn said that Don Kluempke, from Stearns County Environmental Services (SECS) had directed her to add that the Storms property was not buildable until the platting process had been completed. This was probably due to the communication issues that occurred prior to the auction of said property, and the tight time frame had not allowed all of the process to be completed.

Chelle asked about the County Comprehensive Plan. Jerry said that he would like to review the wording with Lynden Board and Planning Commission before it goes before the county again.

After reviewing of the June PC minutes, Greg made a motion to approve the June 30, 2008 minutes, Anne seconded it, all in favor, motion passed.

Anne gave the Planning Commission an overview of the discussion regarding the Pearson Wind Energy Conversation Project from the July 7, 2008 Lynden Township Board meeting. Board had discussed the outstanding Conditional Use Permit application from Pearson, and stated that the vote had been postponed because of unanswered questions and the fact that more information was sought. Dave said he now had his questions answered and is ready to vote. Jerry was ready to vote.

Anne said that we are faced with the fact that Pearson has the option of a less than 6 KW tower and the sell sheet did state that recommended height is less than 39.3 ft., yet they are talking about installing a 120 ft tower. (Rick referenced directly from the Farm Boy sell sheet, which says 39.3 feet.) Farm Boy representative Jim Sarcone, stated that the sell sheet only references the recommended height, and that would vary depending on the wind current, and the placement. Anne said that the way she looks at this is that the township has always used the Lynden Township Comprehensive Plan as a guiding document. It does support wind energy and alternative energy in appropriate areas. But using the Township’s Comprehensive Plan document, there are still multiple reasons, including view shed, and questions regarding the potnetial impact on wildlife because of proximity to the Clearwwater River, zoning, why this should not be permitted. Anne also referenced the recommended the denial from the Planning Commission in their Finding of Fact on their visits. If this CUP is denied, Anne said the Town Board and Planning Commission should look at the Comprehensive Plan and decide if they wish to make any changes. Both Township Board members and Planning Commission members have learned a great deal about wind energy and this would be taken into consideration as they review the Township Comprehensive Plan. Mr. Pearson should be commended on his endeavor to be more energy conscious, again the question remains is it appropriate in this residential area.

Anne made a motion to deny the Conditional Use Permit for a WECS on the Russ Pearson property. Dave seconded it. Rick asked for additional comments. Discussion continued with Anne saying the Board of Supervisors had made their own Findings of Fact, and there still may be some more discussion. The document is similar to what the PC put together. (See attached document)

Outcome of Findings of Facts By Board of Supervisors
Using this Findings Of Fact (FOF) document as background information, the CUP would be denied, said Anne. A motion for approval of the FOF was made by Anne, and seconded by Dave. Motion carried by a 2-1 vote with Jerry Finch opposing approval of the Board’s Findings of Fact.

Russ Pearson questioned if on the second visit to the Pearson site, if the PC Board was aware of the fact that he was still permitted to put the tower up of a less KW output. Rick said the PC Board was not aware of it, but that the Lynden Township Consultant was aware of it.

Anne said she personally interpreted the County ordinance to mean that the expectation for a smaller WECS in KW output, would also require a smaller tower in height.

Dave’s comments. Question of Russ/Farm Boy on some of the latest correspondence received, “Who sent the information? It included no signature, and was not made clear as to who was sending the letter.” Jim Sarcone said the letter was from a Farm Boy employee at his direction. Dave questioned the Wind Rights Agreement, which made him wonder if Farm Boy owned property in Lynden Township. The purpose, according to Jim Sarcone, was to insure that any others would not take wind rights, or interrupt others. Chelle said that the interpretation is that no ones rights would be taken by erecting this tower.

Another comment was made that surrounding property was farmland. Rick and Chelle interpreted this as to mean that other property owners outside of Hidden River could erect towers.

Dave commented that no dollar figure has been given as to relocation into a common property area within that development that would make it cost prohibitive.

Rick asked for other comments.

Jerry’s comments – I’m ready. I have given this a lot of thought and wish to read my thoughts, which I have written out.

In my layman’s understanding of personal property rights, I believe the applicant has the “right to any benefit of the property”, that complies with local ordinances. The size of this property is significant and sets it aside from most properties zoned R-1.
His right to place a wind generator structure, as the application requests must be accomplished without “unreasonably interfering with the property rights of others”, namely the neighbors, and particularly states “quiet enjoyment”. While I do find reference to “noise or nuisance” I do not find anything about “visual interference”
The Finding of Facts sheet asked if there are any scenic views that will be “disrupted”. “To disrupt, to break apart, to discredit, to have a bad name, to look foolish, to disgrace or degrade”.
The Finding of Facts sheet also mentions the following:
1. “Visual Pollution” pollution- to soil or defile, to corrupt, to bring dishonor on, to change from good to bad, to debase to a lower value.
2. “Attractive Views” Charming, highly pleasing
3. “Scenic Views that will be disrupted” to disrupt-to break apart or to break up

If the applicant were requesting a conditional use permit to place the maximum sized accessory building on the existing lot size, I would consider these to apply to the FOF statements, and would absolutely oppose it. I do not believe this applies to a monopole structure requested in the application.
Considering the appearance of the requested structure, I submit that:
1. At the present time there is neighborhood opposition.
2. Long term future-it will become a positive “green policy example” in the neighborhood.
The Lynden Township Comprehensive Plan of page 15 states, “ Alternative Energy is encouraged in the Industrial and Agriculture areas. It also more specifically states on page 22 that we are to “ Implement programs and incentives for continuing privately initiated property maintenance, improvements for energy conservation and redevelopment of questionable land uses.”
My conclusion is that the application meets all the existing County and Township Ordinances. (Planning Commission Finding of Facts, positive comments #1, #2, #4, #5, #6, #7,with the noise mentioned as a concern, #9 and #10. The negative comments #3 (view), #8 (Lynden Township Comp Plan), and #11 (disrupting view shed.)

Because #5 suggests there is no negative affect on property values, I conclude the applicant does not “unreasonably interfere” with the property rights of other property owners and propose the following conditions to the CUP:
1. Verify property lines and setbacks by survey if lot lines are not sufficiently identifiable.
2. At the cost to the applicant, provide a “noise survey” by an independent engineering company, registered in the State of Minn. To show compliance to the Minnesota Noise Standards, while producing saleable energy and convey to the Township Clerk within 30 days after the generator is operable. If the installation does not meet the standards, it will be brought into compliance, or removed within six months.
3. Applicant will join appropriate lots to comply with Stearns County Ordinance requirements.

Anne reiterated that there was a motion on the floor to deny the CUP. Motion had been made by Anne Ackerman to deny the Conditional Use Permit application proposed by Russ Pearson based on the above findings of fact. The motion was seconded by Dave Johnson. Motion carried by a 2-1 vote of Lynden Board of Supervisors with Jerry Finch opposing.

At this point Russ Pearson requested a written explanation and indicated he would be suing the township and taking the issue to the next level. He also asked for a copy of all tapes, which would contain information about this application. Rick told him that Planning Commission meetings are generally not taped, but the township board meetings are taped as well as the public hearings, and he can receive a copy of those. Del said one township meeting was not taped because the recorder was not working properly.

Russ again asked what Anne’s personal reason was. Dave suggested that we now refrain from comments since this might go to litigation, and directed the Planning Commission to follow the same protocol.

For the record, Chelle suggested that the question becomes specific to this issue, “Does the township wish to place a moratorium on building any WECS in residential areas?” Conversation ensued with other heights of towers in the area, and why towers need to be certain heights. Then Chelle suggested that the board might wish to put a moratorium on ALL wind generation in all areas. Greg commented that he thinks the Ordinance as it stands did work and that his findings and opinions were based solely on the original documents submitted. Jerry suggested that the question of a moratorium go on the August town board agenda. After further discussion, it was suggested by Chelle that the moratorium be voted on at this meeting instead of waiting. Karolyn was directed to prepare the moratorium for legal publication, notify the county, Inspectron, and send a copy to our County Attorney.

Anne made a motion to place a moratorium on WECS in residential platted lots, not to exceed six months. Jerry Finch seconded it, all in favor, motion passed.

Chelle suggested that we might want to review our Comprehensive Plan in the near future. Del asked if this issue would be open for discussion at the next board. Chelle said it would not be open for discussion at the board meeting.

Regarding Muggli business license- Dave asked Del if she had received a copy of it yet. Del did make a phone connection with Muggli and had been told that she had the license. Dave said that the township needs to have a photocopy and asked Del to call Muggli again and advise her of that fact.

Next item.
Possible changes to the County Comprehensive Plan may be coming and Jerry Finch, as our township representative on the County Advisory Committee, had asked in advance of this meeting that we review Section 9.38, in Zoning Ordinance 209 and read sections 3.12, 10.5, 10.7, and 10.8 in the New Comprehensive Plan about Conservation Design Overlay and Policy areas, of which Lynden Township is in the South River Corridor Policy Area. Planning Commission and Township Board members reviewed the information submitted with Jerry and generally agreed with the breakdown of Land Use Categories, Descriptions and Intent. In addition, Jerry stated that Lynden Township has been a leader in Conservation Design Options and some of the county’s design is actually patterned after this township.
No vote was needed on this matter and Jerry had brought it to the Township’s attention just so that they would be aware of discussion on the County level.

Rick brought to the PC’s attention that Dan Moeller who owns a 40 and an 80-acre parcel had inquired about a 10-acre split which would include his home. This split is not in the immediate future. After discussion of what other buildings were on the property, and other options that might be available, it was suggested that he might want to wait before submitting a rezoning request, since the land is in the Limited Growth District and it was noted the Board typically does not recommend approval of such requests. Rick will discuss this further with him.

Rick made a motion to adjourn the meeting, Greg seconded it, all in favor, motion passed. The meeting adjourned at 8:05 p.m.

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

June 30, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Cory Schuler, Greg Halverson, Gary Stang, Supervisors, Jerry Finch, Dave Johnson, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:02 p.m. Gary made a motion to approve the April 21, 2008 minutes with some corrections. Rick seconded it, all in favor, motion passed.

Greg Witt of Edina Realty, and Steve Kampa, of Midwest Real Estate Auction, was present to discuss the recent auction of the Storms Property. Only one lot sold, but the family would like to proceed with the Administrative Subdivision anyway. The Certificate of Compliance was reviewed. At the request of Don Kluempke, from Stearns County Environmental Services, additions were made from the original document adding the note that all property would require platting and were considered non-buildable. A motion was made by Dave and seconded by Jerry to approve the Certificate of Compliance. Certificate of Compliance was signed by Dave Johnson, acting as Vice Chair, in Anne’s absence. Original will go to the county, and copy is on file at Lynden Town Hall.

There was a continuation of discussion of the Conditional Use Permit for a Wind Energy Conversion System, as requested by Russ Pearson, of Hidden River Addition. Rick Holman commented on the process and shared comments from the second Public Hearing, which took place on June 17, 2008. A second onsite review by the Planning Commission took place on Saturday, June 21 at 9 a.m., and Rick thanked those present for attending. Chelle discussed with the committee, the KW usage and how WECS with a smaller output as is possible with Stearns County, is not economically feasible for Pearson.

Jim Sarcone, of Farm Boy WECS, responded to the questions that had been poised at the last meeting. (Document is on file at Lynden Town Hall and was emailed in advance of this meeting.) Dave Johnson did however, voice some frustration that the information was received so late that he had not had a chance to study it.
• What are blades made of? A) Blades are not new, but are refurbished and made of a fiberglass composite material.
• Power Flow, and how many volts? A) Power will flow to grid and will be credited back to Pearson Voltage is 240
• Wind Rights? A) All setbacks will be met and mitigate any neighbors
• DNR Comments? A) Farm Boy presented an email that was received from Matthew Langan, of Environmental Policy and Review Unit, of the DNR stating that there is no concerns regarding threatened or endangered species, and that proposed structure would be placed more than the recommended distance from the riparian corridor.
• Decommission Plan? A) A detailed decommissioning plan was included in the information submitted.
• Farm Boy also submitted spec information on the 5.59KW WECS which is permitted by Stearns County and might will be implemented if the current request is not approved. The tower for the 5.59 system is the same height, but the unit mounted on top has three blades instead of two. (Reference details in submitted information)
Jim Sarcone stated that all information that has been requested is included and data is complete.

Lynden Township resident Charles Johnson, who also has a WECS was present, and was asked what his experience has been in regards to birds becoming entangled in the blades. He stated that he also had concerns at the onset of his system because he has swans and geese nesting nearby, but he has seen no evidence that there are birds being killed by the blade. In fact, they seem to sense when there is increased wind currents and stay clear, and when the power unit begins to slow for a shut down, he has some birds appear and rest on the hub of the power unit as the blades come to a stop. He commented that his cats probably do more harm than the blades.

Chelle suggested the PC – could look at it again, but did not see the need for it since the Finding of Fact recommendation is based on information that comes from Stearns Ordinances and the Lynden Comprehensive Plan.

Dave made a motion to refrain from voting until the July 7, 2008, township board meeting when all supervisors would be present. Jerry seconded it, all in favor, motion passed.

Gary made a motion to adjourn the meeting, seconded by Greg, all in favor, motion passed and the meeting adjourned at 7:40 p.m.

Respectfully submitted, Karolyn Boucher, Planning Administrator
Rick Holman, Planning Commission Chair.

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

May 19, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Gail Bradford, Gary Stang, Greg Halverson, Supervisors, Anne Ackerman, Jerry Finch, Dave Johnson, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:05 p.m. Anne made a motion to approve the March 2008 minutes, Gail seconded it, all in favor, motion passed.

Since Valorie Muggli was not present for her 6:15 appointment, discussion moved to the next agenda item. Sun Plastics has cancelled any possible expansion in Lynden Township because the cost of manufacturing expansion is cost prohibitive without any city water and sewer.

Steve Hansen, ReMax Realty, presented information on the Administrative Split on the Bad Heart Bull Property. Everything seemed to be in order and Township Supervisors approved the Administrative Split, and signed the Certificate of Compliance for Administrative Split form prepared by Karolyn.

Valorie Muggli was present at 6:45 p.m., and told the board that she does not have a Phase 3 plan completed. Valorie Muggli said that she had a number of economic setbacks this year and Phase 3 cannot be completed in the time frame expected, which is June 30, 2009. She then presented an amendment to the established Compliance Plan. Valorie Muggli eels she may need to do some dog training at her site to supplement her income since her did not have as many puppies as expected. Valorie Muggli discussed the general downturn in economics and this has caused her to also have increased economic issues.

Chelle Benson, Township Consultant, told Valorie Mugglie that unless she is ready to move forward with Phase 3, there may be a need to make some changes to the Conditional Use Permit, and that would require another public hearing and additional guidelines. Anne challenged Valorie Muggli, saying that the township position is not unfounded, and we would need to proceed as planned. Valorie Muggli retorted that the township has unrealistic requirements for a small operation like hers.

Discussion continued with telling Valorie Muggli that the operation of a kennel needs to be separate from office/sleeping area, and that this business was built as a “non-conforming use.” Anne asked about a report that dogs were again running at large. Valorie Muggli said her dog had been out once.

Anne reminded her, that there is a need to have continual inspections at her property as she proceeds with her phased operation. Valorie Muggli said she does not want anyone to come to her property, and presented a letter she had received from The American Kennel Club stating that she had a good operation. She said, AKC only gives about 24 hours notice and still she received glowing comments. Valorie Muggli was asked if she would allow the building inspector on her property. Reply was that “The requirements are too strict.”

Dave Johnson also asked Valorie Muggli if she had completed a Business Registration and if she had brought it with her to show the board. She had not and was directed to do so by the end of the month. Following more discussion the board agreed to move the completion of Phase 3 from June 30, 2009, to Sept. 30, 2009. Dave made a motion to accept the Sept. 30, 2009 as an extended timeline for Muggli, Jerry seconded, all in favor and the motion passed. Karolyn was directed to put Valerie Muggli back on the Sept. 2008, Plannng Commission agenda to present information about the progress of her plan, which would give her time to meet with the Inspectron building inspector and discuss the new building for Phase 3. Greg noted that the extra time allowed seemed appropriate since the dogs appear to be flourishing and in no immediate jeopardy.

There was some discussion of the results of the Public Hearing for the Russ Pearson WECS. Consultant Chelle Benson, reminded the PC that we need to consider “Does it fit into the character of community? We cannot address property values, since there is no hard evidence regarding this, and does it appear to be in the view shed of a neighbors window?”
The PC was also reminded that the town board has the ability to recommend placement in a location that impacts the neighbors less. Jerry reported that the County Commissioners will be voting on this as part of a change to ordinances on June 13, and we will find out more about any changes following that meeting. Chelle suggested that following that County Commissioners vote, the PC may need to do another Onsite Review at the Pearson property. That was tentatively scheduled for Saturday, June 21, at 9 a.m.

Gail made a motion to adjourn the meeting, seconded by Rick, all in favor, motion passed and the meeting adjourned at 8:21 p.m.

Respectfully submitted, Karolyn Boucher, Planning Administrator
Rick Holman, Planning Commission Chair.

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

April 28, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Gail Bradford, Greg Halverson, Gary Stang, Supervisors, Anne Ackerman, Jerry Finch, Dave Johnson, Consultant Chelle Benson and Clerk Del Moeller.

Rick called the meeting to order at 6:05 p.m. Gail made a motion to approve the March 2008 minutes, Rick seconded it, all in favor, motion passed.

Russ Pearson, Lynden Resident, and Orlo Mundorf of Farm Boy Construction, presented the Conditional Use Permit and Variance Applications for construction of a Wind Energy Conservation System on Russ Pearson Property in Hidden River Addition, along with a check for $600, which is the combined fee when applying for both a CUP and Variance.

Members of Lynden Planning Commission and Supervisors discussed the proposed changes to setbacks coming in Stearns County Ord. #209. Karolyn had talked to Angie Berg at Stearns County Environmental Services Office and it was confirmed that the County Commissioners will not vote on the changes until the June 17, 2008 County Board meeting.

PC and Lynden Supervisors presented a number of questions to the applicants so PC members would have a better understanding of the intended wind generator and its installation.
• What is the total blade span? Response – Total blade width is 41 ft in diameter.
• What is the KW output of this generator? Response – Output will be 39.5KW.
• What will the crane weight be that will be installing the tower? Response – Crane is 4 Ton with a 160 ft. boom.
• What is the total Wind Generator height? Response – Total height will be 120 ft.
• Will the WECS provide more electricity than will be used, and if so will that be sold back to the electrical company? Response – The excess electricity will go back to the grid, and no reconfiguration of power lines is necessary.
• Anne asked if applicant had checked with the Development Association to see if there is anything in the covenants prohibiting wind generators. Response – The applicant had not checked, nor discussed this with neighbors. He was instructed to do so.

A site review was scheduled for Thursday, May 8, 2008, at 5:30 p.m. Public Notices will be published in the St. Cloud Times and the Clearwater Tribune. Letters of notification will be sent to all residents within one-half mile of Pearson property.

Planning Commission discussed an alternative date for the May meeting, since the normal date would fall on Memorial Day. Members chose Monday, May 19, 2008 as the date. The PC will meet at the regular time of 6 p.m.

Valorie Muggli, was to appear before the Planning Commission to present her plan for Phase 3 of the Kennel Conditional Use Permit. She failed to show. Karolyn was directed to again contact her and explain that she was expected to be at the May 19 meeting with a completed plan.

Sun Plastics did not appear as planned with a possible plan for expansion.

Steve Hansen, ReMax Realtor representing BadHeartBull, presented a report for the PC, about the possibility of an Administrative Subdivision that he had discussed with Stearns County Environmental Office. If this is approved he will need a Certificate of Compliance from Lynden Township. (Reference State Statute 462.358, Section 4.B)

Consultant Chelle Benson, suggested that we might need to review the Lynden Township Comprehensive Plan and discuss what part of the plan we feel should be addressed for future growth.

Greg made a motion to adjourn the meeting, seconded by Gary, all in favor, motion passed and the meeting adjourned at 7:21 p.m.

Respectfully submitted,

Karolyn Boucher, Planning Administrator
Rick Holman, Planning Commission Chair.

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

March 31, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Gail Bradford, Greg Halverson, Supervisors, Anne Ackerman, Jerry Finch, Dave Johnson and Clerk Del Moeller.

Anne called the meeting to order since Rick had indicated he would be a few minutes late. Gail made a motion to approve the Feb. 2008 minutes, Greg seconded it, all in favor, motion passed.

Upon Rick’s arrival a few minutes later, the CUP for Z-Marine was reviewed. Z-Marine presented completed copies of the Landscaping Plan, which had been requested at the February 4, 2008, Lynden Township Board Meeting. Plan is to include small shrubs across the Co. Rd. 145 side, a planter with annual plants, some grading and seeding of grass to make the lot aesthetically pleasing. Greg recommended approval of the Landscape Plan, Gail seconded, all in favor, motion passed, with the understanding that planting is to be completed by July 15, 2008. Completed and approved plan is on file at Lynden Town Hall. The Planning Commission vote was then followed by a vote from Lynden Supervisors. Jerry made a motion to approve the plan; Dave seconded it, all Township Board members in favor, motion carried.

Discussed an informal subdivision request from Kirk Fleahman, 2098 – 193rd St. E., Clearwater. He has only 5 ¾ acres and is located in an R-5 District. He was sent subdivision forms by Karolyn, but told that he would need to contact the county about any possible rezoning which would be necessary.

The commission next discussed possible changes to the County Wind Generation guidelines. Jerry informed us that the County Planning Commission is considering a change in the need for Variances based on new information. Jerry handed out proposals of what the County is considering. These changes will be voted on by the county in the near future, and we will be receiving new copy once it is complete. (Reference Ordinance 209- Section 6.48 Wind Generation Conversion Systems (WECS)

Jerry also shared information about a request coming from Farm Boy Construction to build a wind generator in Hidden River Addition on the Russ Pearson property. Karolyn to date, had not received any inquiries.

Jerry informed the Lynden Planning Commission of changes that are being proposed by the County to standards for changes to rental property guidelines. These changes would apply to short-term rentals of less than 30 days. He will keep us informed when these are complete and part of Stearns County Ordinances. (Reference – Section 6 – Performance Standards for Private/Vacation Home Rental)

The board also discussed the fact that Valerie Muggli has not come forth with the completed plan for Phase 3 of her Conditional Use for her Kennel operation. This should have been completed in Feb. 2008. This phase includes the need for her to construct a separate structure to house the dogs, and it cannot be attached to the current trailer house, since that building is already out of compliance. She was instructed to talk to Ron Wasmund, of Inspectron, Inc., before presenting her plan to the Planning Commission. Karolyn will send her a letter directing her to appear before the April Planning Commission with a completed plan.

The Planning Commission also discussed the CapX2020 power line that is going through the township. It was suggested by Planning Commission members that Township Supervisors draft a Resolution regarding this power line. It will be discussed at the April 2008 Township Board Meeting.

Consultant Chelle Benson, suggested that we might want to individually start to review the Comprehensive Plan for Growth and come prepared to a future meeting to discuss what part of the plan we feel should be addressed for future growth. Supervisor Jerry Finch, agreed that this is an ideal time to look at our growth, and reference our Comp Plan section-by-section, including the need for more community septics, so that we are prepared when growth begins to happen.

Greg made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed and the meeting adjourned at 7:51 p.m.
Respectfully submitted,

Karolyn Boucher, Planning Administrator
Rick Holman, Planning Commission Chair.

Lynden Township
Stearns County, State of Minnesota
Planning Commission Board Meeting
February 25, 2008
Those present were Chair Rick Holman, Planning Administrator Karolyn Boucher, Gail Bradford, Greg Halverson, Gary Stang, Supervisors, Anne Ackerman, Jerry Finch, Dave Johnson, and Del Moeller. Rick opened the meeting at 6:00 p.m. Consultant Chelle Benson called to say she would be delayed.

Rick called the meeting to order. Minutes were reviewed and a motion was made by Gail to approve the minutes and seconded by Greg. All in favor, motion carried.

Contact information for all planning members was reviewed and corrections/changes were made.

Discussion on Roger Brown property revealed that after further exploration about his property surveys, it was discovered that some of his property is considered a government lot. He was directed to work with Don Kluempke at Environmental Services to clarify just exactly how much property he has available and if subdivision would be possible. This will be tabled at the township level until more information is available.

Z-Marine has been requested to provide an explanation to the State of Minnesota-Department of Motor Vehicle License, as to the necessity for a conditional use permit and clarification on the street address. Karolyn prepared this prior to this meeting, explaining the CUP was necessary because Z-Marine is doing retail business in a Limited Industrial Zone. Clarification on street address was made by adding both lot addresses. The Lynden Board of Supervisors voted. Dave Johnson made a motion to approve the letter of clarification, seconded by Anne Ackerman, all in favor, motion carried.

It was mentioned by a commission member that there are some signs in Lynden Township listing property for sale that indicates it could be sold in smaller parcels than would be allowed in the owner’s zoning district. If someone brings this information to the attention of the planning commission the response is that “The party has not yet approached the Planning Commission about any division options.” It was suggested by Karolyn that something general be put in the fall newsletter regarding dividing property.

The process for seeking information for any subdivision, Conditional Use or Variance was reviewed. It was noted that the resident first contacting Rick or Karolyn who can initially do some fact finding to find out how the resident should proceed generally best handles the process. This can eliminate long delays and the frustration that the resident may otherwise experience, and can make sure that the resident has the proper documents in hand before attending any meetings.

It was suggested that members of the planning commission review conceptual things of the County’s Comp Plan in preparation of discussion at a future Lynden Planning meeting.

Rick had received a question from an area business owner about the possibility of replacing a wind generator. Rick will research the county ordinances regarding wind generators in the county.

A motion was made by Gail Bradford to adjourn the meeting at 7:07 p.m., seconded by Greg Halverson, all in favor, motion carried.

Respectfully submitted,

Karolyn Boucher, Planning Administrator
Rick Holman, Chair of Planning Commission

Lynden Township
Stearns County, State of Minnesota
Planning Commission Board Meeting
January 28, 2008
Those in attendance were Rick Holman-Chair, Greg Halverson, Del Moeller-Clerk, Chelle Benson-Planning Consultant, Karolyn Boucher, and Supervisors Anne Ackerman, Jerry Finch and Dave Johnson.

The meeting was called to order by Chair Rick Holman at 6:05 p.m.

November minutes were reviewed. Motion was made by Greg Halverson to approve the minutes, seconded by Karolyn Boucher.

Karolyn reported that Shane Cotter will not be at the meeting, since he is a permitted business in Light Industrial, and has now moved on to working with Inspectron to secure his building permit. Karolyn met with him previously and pulled all the necessary sections of Co. Ordinance that would enable him to be prepared for his permit process.

Lynden Township resident Roger Brown, requested information about land division and rezoning. After reviewing the information that he brought with him, and interviewing him, it is apparent that he needs to have more complete information before any action can take place. He was directed to go back to Environmental Services Office, Westwood Surveying and/or Denny Kron, who is the County Surveyor, and research the survey that may have been done in 1992 which showed an additional government lot, and more complete information. Following that he can meet with Rick Holman to discuss his options. Consultant Chelle Benson reflected that it would be convenient if there was internet access available at meetings to research county information.

Jerry Finch reported that the letter of credit has not yet been reduced for Lynden Valley Industrial Park and that there are still old driveways exiting onto Co. Rd. 145 to be removed when warmer weather comes, and an additional soil boring in the development needs to be done.

Bob Herges, of Regional Land Holdings, was directed to send all clients wishing to purchase land in the Lynden Industrial Park, to Karolyn Boucher-Planning & Zoning Administrator, to determine permitted use and discuss guidelines for development. This way they can have complete information and be better prepared when they come before the Planning Commission, Township Board or apply for a building permit.

Z-Marine has not yet submitted a landscape plan for his new location in Lynden Industrial Park. Deadline is March 31, 2008. Karolyn was directed to send him a letter to remind him of that approaching deadline.

There was discussion on updating appropriate forms for developments, which would include more complete information regarding permitted business use and MN Business Registration ID #. Anne will complete this task.

Del suggested that we start reviewing the Lynden land use plans as time allows. Jerry reported that the proposed County Comp Plan is nearing completion, but not yet approved. He suggested that we study that plan before we work on ours.
Greg made a motion to adjourn the meeting, seconded by Anne. Meeting adjourned at 7:44 p.m.

Respectfully Submitted,

Karolyn Boucher, Planning Commission Administrator
Rick Holman, Planning Commission Chairman

Planning Commission Minutes 2007

No meeting in December 2007

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
November 26, 2007
Those in attendance were Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Gary Stang, Greg Halverson, Rick Holman, Del Moeller, Clerk, and Chelle Benson, Planning Consultant.

Rick called the meeting to order at 6:10 p.m.

Minutes were reviewed. Anne made a motion to accept the minutes, seconded by Karolyn, all in favor, motion passed.

Jerry presented the plan of Z-Marine. Anne gave an explanation of the conditions of granting the variance for Z-Marine. Del will get a copy of the document to all members of the planning commission for their files. Steve Ziebarth had his septic system installed before he was aware of a more restrictive set back needed for his building site. This was caused by the addition of the turn lane on County Road 145. Gary felt that the general contractor should have realized these problems. Chelle told the members of the group they had done what was expected of them, it was not their error. Dave stated the next time someone comes in with deadlines that are too rushed we need to slow the process until all questions are answered.

There were questions about the grading and the slope of the drainage ditches in the Lynden Valley Industrial Park. Jerry took note of this and will have Jim Schultz, township engineer, check on any outstanding issues before the developer’s letter of credit is reduced.

Coverage areas for 911 services were discussed. The coverage areas need to be corrected. Chelle is very knowledgeable in 911 services and is willing to help get the coverage maps corrected if necessary. Jerry will follow up and involve Chelle if needed. This will be discussed at the monthly meeting on December 3rd.

Valorie Muggli was in attendance to discuss her compliance plan for her commercial kennel conditional use permit (CUP). The first two phases of the plan were acceptable, which include erecting a storage shed and finishing the existing shed to house dogs. The third phase cannot be competed as proposed, which included finishing additional space attached to the existing mobile home. The mobile home is a non-conforming building; it cannot have an attachment. There must be another structure built that is not attached to the present one. There is no requirement for distance between buildings, but they cannot be attached. The time line of the kennel was an issue with some of the board members. Valorie stated that she does not have the funds to complete the process any sooner. Valorie will have to return with a revised plan for the third phase. She will present her plan at the February 25, 2008 Planning Commission meeting.
Greg made a motion to recommend approval of phase one and phase two as presented in the Timeline of Compliance Plan that was presented by Valorie Muggli, seconded by Gail, all in favor motion passed.

Anne made a motion to accept phase one and two of the Timeline of Compliance Plan, seconded by Jerry, all in favor, motion passed.
Chelle asked Valorie to send a copy of the plan via e-mail to her.
Jerry asked what the planning commission thought about the whelping of the puppies in the home. After a bit of discussion it was decided that the planning commission did not have an issue with it. Jerry thanked them for their input.

There was a complaint about dogs at Dick Holthaus’ residence. There is a possibility he has more dogs than permitted. Del will call Dick and asked him to attend the December monthly meeting.

There is an issue at a home on County Road 44 that has many dogs and parrots. Anne will follow up. This will be discussed at the monthly meeting.

It was decided that there will be no December Planning Commission meeting. January 28, 2008 will be the next meeting.

Dave stated that there is residence on 200th St. that has a lot of junk on their property. He will check out the complaint and we will make a decision on what to do. Gary wants a way to get a 40 foot semi trailer moved from his neighboring property. Jerry will ask the county to check on what can be done to have it removed.

There is an illegal billboard along the I-94 frontage. It is on property on County Rd. 75 owned by Greg Gutzwiller. Anne will write a letter to Greg to have the sign removed.

John Krause has junk cars by the Clearwater Rental Center that should be moved. Del will call John to have the problem resolved.

Gary made a motion to adjourn the meeting, seconded by Gail, all in favor motion passed. Meeting adjourned at 8:25 p.m.

A short discussion was held on what action must be taken so Chelle’s work load for Lynden Township is more manageable. It was the consensus of everyone present that is important to retain Chelle as a consultant. There was discussion about appointing a Planning Commission Administrator to handle the more clerical aspects of the planning commission. Rick spoke to Karolyn Boucher to ask her if she would be interested; she said she would be. This will be on the agenda for the December monthly meeting.

Anne also commented on the importance of retaining Rick Holman as Chairman of the Planning Commission. His knowledge and background are very valuable to our planning commission. Rick will attend the board meeting on December 3rd when the future structure of the planning commission will be discussed.
Respectfully submitted,

Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
OCTOBER 29, 2007
Those in attendance were Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Gary Stang, Greg Halverson, Del Moeller, Clerk, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6:00 p.m.

Minutes were reviewed. Karolyn made a motion to accept the minutes, seconded by Gary, all in favor, motion passed.

Dan Franklin, Franklin Outdoor Advertising: Dan presented a plan for construction of a 60â€™ x 60â€™ storage building to be built on the site of the existing Pro-Tire building which is owned by Franklin. Storage is a permitted use in a limited industrial district. Part of the building will be used to store the portable black signs that are currently left outdoors. A question arose about impervious surface and Dan provided calculations showing the impervious surface requirement would be met. The planning commission had no additional issues so he can move forward by contacting the building inspector. The building inspector will check the impervious surface area to ensure compliance. Anne made a motion to approve the building plan as presented on Lot 5, Block 2,of The Clearwater Terrace Industrial Park, seconded by Gary, all in favor, motion passed.

Berg Commercial Kennel Conditional Use Permit (CUP) Application: A copy of the proposed site plan was given to all members present. The Bergs will be building a home on the parcel in the spring of 2008. Everyone who attended the site visit on October 25th agreed that the plan met all of the requirements and performance standards for commercial kennels. The public hearing for the CUP is October 30th. Possible conditions were discussed. Chelle will prepare the CUP including the conditions that the number of seminar days will be limited to 12 per year, and there will be no field trials allowed.

Gary brought up an issue that has arisen in St. Augusta with people building large pole sheds on their property. Because of the large sizes and the siding that is often used, those buildings can look unsightly in developed residential areas. He thought we might want to consider additional restrictions on pole buildings including limitations on the type of siding that can be used. We will review this at a later time. Gary asked about a property on Co. Rd. 143 that has unlicensed vehicles visible from the road. Jerry stated that it has been reported to Stearns County Environmental Services (SCES) and they are handling enforcement of the unlicensed vehicles. We will pursue any additional issues after that is completed by SCES.

Z-Marine: There was discussion of the variance application submitted by Z-Marine. The public hearing will be held October 30th. Though the planning commission did not have an issue with the fence height, they recommended denial of the other variance requests as illustrated on the submitted site plan. The planning commission discussed the need to change the display area to be consistent with the intent when the site was created. They came up with an alternative that reduced the size of the display area and provided for landscape screening. They thought a decorative fence could be used in front of the display area with chain link on the sides, hidden by landscaping. They felt the use of a part of the setback area for a display area could make sense when combining it with the original intent of vegetative screening. In regard to the setbacks for the storage area, they had no concern with a 0 foot setback on the west side but felt the 20 foot setback on the north should be retained due to the existing ditch and the need to maintain it in the future. These issues were discussed with the township supervisors who will move forward with a decision after the public hearing.

Valorie and Jerome Muggli submitted their commercial kennel compliance plan for review. Valorie went through the document explaining how she is proposing to comply with all conditions of the CUP that was previously granted. (See attached copy.) Questions were asked about the flooring, septic system, and other issues with the proposal. All members will study the documents and we will discuss the proposed plan in greater detail at the next planning commission meeting. Valorie will be on the November 26th agenda at 6:15 p.m. Chelle informed Valorie that she should contact the building inspector before she moves forward with any construction.

Discussion returned to Z-Marine. A question arose on the selling of boats and if a registration number is required to sell new equipment. Dave will check into this issue. Chelle will prepare an alternative site plan incorporating the planning commissionâ€™s suggestions. This will be used for discussion purposes at the public hearing. If agreement on an appropriate site plan is reached, the project could move forward, otherwise Chelle suggested that Steve could withdraw his application.

Anne asked Jerry about his decision to approach the township attorney, Mike Couri, to have him prepare findings of fact for the Z-Marine variance application. Jerry said he just wanted Mike to give his interpretation of the ordinance. Anne said that the planning commission is very capable, and before we approach our attorney, we should let the planning commission review the application and make a recommendation to the board. She felt that by approaching our attorney first, it appears to our planning commission that a decision has already been made and we donâ€™t believe they can handle the situation. Anne reiterated that we have a group of very intelligent, committed people and we need to respect their time and their opinions. She felt we should only involve our attorney if there is an issue after we review the recommendations of the planning commission. Chelle said that if there are concerns with interpretation of ordinance #209, we should contact SCES before we go to the expense of involving our attorney.

Gary made a motion to adjourn the meeting, seconded by Gail, all in favor motion passed. Meeting adjourned at 8:25 p.m.
Respectfully submitted,

Del Moeller, Lynden Township Clerk Anne Ackerman, Township Supervisor

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

September 24, 2007
Those in attendance were Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Gary Stang, Greg Halverson, Del Moeller, Clerk, and Chelle Benson, Planning Consultant. Anne called the meeting to order at 6:00 p.m. in Rick’s absence. Rick Holman arrived later.

Minutes were reviewed. Gary made a motion to accept the minutes, seconded by Gail, all in favor, motion passed.

A copy of the conditional use permit (CUP) for the Muggli Dog Kennel was given to all present. There had been a long discussion at the monthly meeting. Although Jerry and Anne were not in total agreement on all conditions, the CUP was still approved. The mobile home was a concern and Jerry felt it should be removed. Mike Couri said that because of legislation passed last year the mobile home would have to be a separate issue. Condition #14 states that a Kennel Plan showing compliance with all noted conditions must be submitted by October 29th 2007, the next planning commission meeting. Condition #15 states that a compliance date for implementation of the Plan will be set by the Township Board when the Kennel Plan is approved.

Z-Marine – Lynden Valley Industrial Park: Steve Ziebarth was present with his builder Jim Darlington and they presented his CUP application to the planning commission with a site plan. The plan was discussed; a date for a site visit was set for October 3rd at 5:30 p.m. for the Planning Commission to review the proposal. The date for the public hearing was set for October 16th at 7:00 p.m. Bob Herges, current owner of the land was present and signed the application.

Kurt Hennen: Kurt had information from the county appearing to give him approval to combine lot one and two so he could build a structure across a property line. He hopes to only use three of his four lots, but if there is not enough green space to meet the ordinance requirements for impervious surface, he will have to use the fourth lot. He expressed disappointment with Inspectron Inc. They had the plans for two weeks and he was not getting a response. He feels now that the project is moving along. He would like to have his building competed this season. He has the cement being poured on Monday; Ron from Inspectron will have the permit ready so they can move forward.

There are still issues with the ponds and water runoff in Lynden Valley Industrial Park. Greg Halverson and Jerry will check this out. Jerry will be in touch with Jim Schultz, township engineer. We will review at the monthly meeting October 1st.

Greg Halverson has accepted a position on the County Water Management Advisory Committee. Anne was previously on the committee and she asked Greg to accept the position. Greg has outstanding qualifications and will add a lot to the committee.

Greg made a motion to adjourn the meeting, seconded by Gail, all in favor motion passed. Meeting adjourned at 7:32 p.m.

Anne opened the continuation of the Public Hearing Meeting for Commercial Dog Kennel Performance Standards that was initially convened on September 12, 2007. Anne made a motion to approve the Commercial Kennel Performance Standards that were presented at the public hearing and corrected for grammatical clarification. Dave seconded the motion, all in favor, motion passed. This document will be published by summary on September 29th and will take effect on that date.

Anne made a motion to adopt an ordinance for Commercial Dog Kennel Performance Standards within Lynden Township. On August 31, 2007, Notice of Public Hearing and intent to adopt Lynden Township Ordinance #2007-2 Commercial Kennel Performance Standards was published in the official newspapers of the town and on September 12, 2007 the Lynden Township Board of Supervisors held a public hearing to consider the proposed ordinance and on September 24, 2007 the Lynden Township Board of Supervisors approved Ordinance #2007-2, seconded by Dave, all in favor motion passed.

Chelle will prepare the ordinance for recording. When this is complete Del will have it published and get copies to all board and planning commission members as well as Inspectron Inc. and Stearns County Environmental Services (SCES).

Anne read Lynden Township Resolution # 2007-6. Anne then made a motion to accept the resolution repealing interim ordinance #2007-1 enacting a moratorium on the establishment of commercial kennels within Lynden Township. Therefore be it resolved by the Township Board of Lynden Township that upon adoption and publication of ordinance #2007-2 Commercial Dog Kennel Performance Standards, Ordinance #2007-1 An Ordinance Enacting a Moratorium on The Establishment of Commercial Kennels within Lynden Township is hereby repealed. The motion was seconded by Dave, all in favor, motion passed. This was adopted September 24th and will become effective when the summary of Lynden Township Ordinance #2007-2 is published.

Anne presented the Lynden Township Kennel Conditional Use Permit Application. Ben Berg was present and took an application. Ben plans to apply for a Commercial Kennel.

Anne will call Rob the general manger at Mathison Motors to check what is happening with the property of Roger Aleckson. Signs have been posted saying it is the future home of Mathison Motors. There cannot be car sales on that property without a CUP.

Anne will send a letter to Rebecca Hogie regarding the trailer on 222nd St. It has been noted that her husband has been home from Iraq for longer than 60 days, and the trailer should be removed.

Jerry accompanied Troy from SCES and Ron from Inspectron to inspect the Middendorf property. The work is not complete and the Township will move forward with the clean up. Mike Couri will write up the papers. Jerry will handle this matter.

The Timm property was discussed. The only thing we have Mike Couri addressing is the burned out building. The other clean up will be addressed by SCES under the nuisance ordinance. Jerry will check into this matter.

Jerry checked to be sure that Anne and Dave would both be at the monthly meeting on Monday, October 1st. Jerry will be attending a County Meeting. They both will be present so there will be a quorum.

Anne made a motion to adjourn the meeting, seconded by Dave all in favor, motion passed. Meeting adjourned at 8:40 p.m.
Respectfully submitted,

Del Moeller, Lynden Township Clerk
Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

August 27, 2007
Those in attendance were, Rick Holman, Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Gary Stang, Greg Halverson, Del Moeller, Clerk, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6:00 p.m.

Minutes were reviewed. Anne made a motion to accept the minutes, seconded by Karolyn, all in favor, motion passed.

Kurt Hennen: Kurt has purchased lots one through four of block two in Lynden Valley Industrial Park for the relocation of his business, Hennen Construction Company, from Rogers. Kurt presented a site plan for his business. It is a permitted use, so a conditional use permit (CUP) is not needed. The actual construction of the building will be regulated by our building inspector. Our main concerns are access points, screening, signage, and the county’s impervious surface requirement. Kurt said he will be erecting a fence for screening. He was informed that fencing must be 80% opaque and agreed that chain link with screening material is not a preferred option. Kurt said there will be nothing stored outside the fence area.
Kurt was informed of Lynden Township’s more restrictive sign standards.
The site must meet the 60/40 impervious surface requirement. Kurt plans for lot four to be green space so the business can meet the requirements.
Jerry stated that accesses should be addressed. The address for his business will be 2128 196th Street. There will be only one address number for the four lots. A maximum of four access points could be allowed because of the guideline of one access per lot. Kurt’s plan was reviewed, and his proposed accesses are appropriate for the site. Anne made a motion to approve the access points denoted on the Hennen Construction plan dated June 19, 2007, seconded by Jerry, all in favor motion passed. Lot one will have an access on 21st Ave East and a second access onto 196th Street. There will also be an access point on lot three to 196th Street. There will be no access to lot four at this time. Kurt was informed that the accesses must be 30 feet wide and a have minimum15 inch steel culverts. An NPDES permit may be required if construction will be disturbing more than one acre of soil.
Kurt was told he could move forward with applying for a permit with Inspectron, our building inspector. He was also informed that construction cannot commence until he has contacted Stearns County Environmental Services (SCES) to resolve two outstanding issues. Chelle suggested he should talk to Angie Berg. He should inquire about how impervious surface area is calculated and if it will be sufficient to leave one of his lots open. He needs to find out if the lots have to be combined through some sort of administrative attachment in order to satisfy the requirement. In this fashion the open lot could not be sold, because it is necessary to meet the impervious surface area. Also, his plan shows the construction of a building over a lot line, and this could be an issue for the county. A plan was left for us to keep on file.
Dave will speak to our building inspector to be sure that Kurt Hennen will meet the 60/40 impervious surface requirement before a building permit is released.

There may be an issue with a pond at Lynden Valley Industrial Park; this will be reviewed and dealt with if needed.

Steve Ziebarth: Steve wants to purchase lots five and six of block two in Lynden Valley Industrial Park. He owns a marine business currently located in Clearwater Township on County Road 24. He plans on keeping his repair shop in that location for the time being but wants to store and sell boats at this location. Steve wants to build a storage shed 54 feet by 200 feet and another 80 foot by 40 foot building. He would need to apply for a CUP to sell boats. Impervious surface requirements were discussed and it was determined that boats stored on grass would not constitute an impervious surface. Steve said he needs to have visibility from the road for his boat sale business. The Lynden Valley plat shows trees to be planted that are not in yet due to the dry weather. Jerry did not think about visibility needed for a business and feels that a change could be considered to accommodate Steve’s business. Chelle informed Steve that he will need to submit a CUP to get started and a complete site plan will need to be included. Chelle suggested that he could get his builder to help him with his plan. Steve also was given Inspectron’s number. Once a complete CUP application has been received, there will be a site visit set for the Planning Commission to review the proposal.

Bob Herges asked to have his letter of credit reduced for Lynden Valley Industrial Park because of the work that has been completed. The township engineer, Jim Schultz, must inspect and approve the construction that has been completed in order to have the letter of credit reduced. Bob will talk to Jim on the issue and will follow up with the township when he is ready.

The discussion that followed was to update Commercial Dog Kennel Performance Standards. The document was reviewed. Chelle will make corrections and Karolyn will post the document on our web site. There will be a public hearing on September 12th at 7:00 p.m. to consider adding commercial kennel performance standards to Section 6.26 of the Lynden Township Land Use and Zoning Ordinance #2.1. Del will have the notice published on August 31st.

Anne presented a proposed application for a Commercial Kennel Permit. It is a supplement to our regular CUP application. The document was reviewed and suggestions were noted. Anne will finalize it before the standards are adopted.

The Muggli CUP was discussed. There were still issues raised. Chelle will combine all the suggestions and information and will have a CUP completed within the next few days for review. She will check with Mike Couri, Lynden Township’s Attorney on how to handle some aspects of the CUP.

Gary made a motion to adjourn the meeting, seconded by Karolyn, all in favor motion passed. Meeting adjourned at 8:48 p.m.

Respectfully submitted,
Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
August 20, 2007
Those in attendance were, Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Gary Stang, Del Moeller, Greg Halverson, and Chelle Benson, Planning Consultant. Anne called the meeting to order in Rick Holmen’s absence.
Also in attendance were Ben and Scott Berg, Dawn Escher-Berg and Valorie Muggli.

Minutes were reviewed; minor corrections were made. Karolyn will correct her copy and will post them to the web. Del will correct the master copy. Anne made a motion to accept the minutes with corrections, seconded by Karolyn, all in favor, motion passed.

After discussion of meeting minutes it was decided that our minutes should be a more general reflection of the discussion. If someone asks to make a statement on the record, it will be included. Meeting tapes will be retained if questions arise.

In advance of the meeting, Chelle consolidated the proposed commercial kennel performance standards we reviewed at our previous meeting. She included all aspects of the county ordinance, since we must be as restrictive as the county, and then added additional proposed standards for kennels in Lynden Township.

The group thoroughly reviewed the document of proposed commercial kennel performance standards Chelle provided. There were many additions and corrections made to the document. Chelle will make the changes and have the document ready to review at the August 27th Planning Commission Meeting. Chelle will forward the revised document before the 24th so everyone will be able to review it in advance.

Valorie Muggli will not be at the meeting on the 27th. The proposed conditions of the conditional use permit (CUP) for Valorie’s kennel operation will be reviewed at that meeting. Any comments from Valorie will be reviewed in advance of the September 10th board meeting. A decision on the CUP application will be made at that meeting.

Anne will put together a supplement to our conditional use permit application which will include additional elements specific to kennels; she will have a list of proposed items ready to review at our next meeting.

We will hold a public hearing to review the proposed kennel standards. We will also need to rescind the interim ordinance imposing the kennel moratorium. Chelle will check into how to accomplish this. She will discuss this with Mike Couri, township attorney. A date for the public hearing will be set at the meeting on August 27th.

Karolyn made a motion to adjourn the meeting, seconded by Gail, all in favor motion passed. Meeting adjourned at 7:58 p.m.

Respectfully submitted,

Del Moeller, Lynden Township Clerk Anne Ackerman, Township Supervisor

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

JULY 30, 2007
Those in attendance were, Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Del Moeller, Greg Halverson, and Chelle Benson, Planning Consultant. Anne called the meeting to order in Rick Holmen’s absence.

Brain Musech Plum Creek Estates: The final plat for Plum Creek Estates, a three lot subdivision on Eaglewood Road was presented for review. There have been no changes made since the preliminary plat was approved. After review, Gail made a motion to recommend approval of Plum Creek Estates to the Lynden Township Board of Supervisors, seconded by Karolyn, all in favor, motion passed. Anne made a motion to approve Plum Creek Estates final plat with no conditions, seconded by Jerry, all in favor motion passed. Anne signed the final plat and Brian will contact Rick Holman, Planning Commission Chair, to sign the plat at a later time.

Minutes were reviewed; a few minor corrections were made. Karolyn will correct her copy and will post them to the web. Del will correct the master copy. Anne made a motion to accept the minutes with corrections, seconded by Jerry, all in favor, motion passed.

The proposed Conditional Use Permit (CUP) for the Muggli Kennel was reviewed. The deadline date for the decision on the kennel is September 17th.
Valorie questioned why she must have a business ID Number; she felt it was a privacy issue. It is not a privacy matter. It is law that sales tax must be collected for the sale of dogs in Minnesota.
Valorie felt the wording allowing random checks of the premises was not proper. Valorie wants to be notified before an inspection is made. Valorie felt the township was trying to impose conditions that are not constitutionally correct. Chelle again explained that we are exercising the rights we have to impose conditions on a proposed conditional use. Chelle will review the wording on this issue and it will be addressed later.
The other issue Valorie is not in agreement with is the kennel surface that is required as a condition of approval. She feels that the board is being arbitrary on this issue. Anne felt we should set this issue aside until we review proposed kennel standards. Once standards are established, they could then be adopted as conditions for Valorie’s surfacing.

A decision was made to move on to discussion of the information provided by Scott Berg. Scott submitted a list of potential kennel performance standards that he compiled from state, federal, county and city documents. Discussion ensued on the adoption of appropriate performance standards for kennels in Lynden Township. A decision was made that we will not have a separate kennel ordinance but will instead adopt more restrictive kennel standards than those delineated in Stearns County Ordinance #209.
An additional meeting date was set for August 20th at 6:00 p.m. to further discuss proposed kennel standards.

The planning commission portion of the meeting ended and the supervisors chose to handle some business tonight since Anne will not be attending the regular monthly meeting on August 6th. Del will call Valorie Muggli to inform her there will be no discussion of her CUP application at the monthly meeting.
Discussion ensued on establishing a vice chair for the town board. Anne made a motion to designate Dave as vice chair, seconded by Jerry, all in favor, motion passed. Dave will run the August 6th meeting in Anne’s absence.

Correspondence was reviewed. There was preliminary study information on a potential power line in our area. We will file this information for future reference. Information was received to file in the Wang file.
A question came up about a beauty salon that is operating in the township. Anne had previously received a call from the operator and told her to check with the county to register her business. It is permitted as a provisional use.
Jerry informed the board that our township mower is not working, and requested $5500 to purchase a new mower for the township. We will receive $4100 in trade for our old mower. Dave made a motion to spend up to $5500 toward a new mower, Anne seconded the motion, all in favor, motion passed.

Del will take all the information necessary to be recorded for the Danna Rootes variance.

Jerry is thinking about getting a new engineer. He is having problems with the one we are using now.

Jerry suggested we could get Troy Gilchrist as our township attorney because the response time of our current attorney is so slow. Anne suggested Jerry speak to Mike Couri about the problems we are having before we make any changes.

Dave made a motion to accept the correspondence, seconded by Anne, all in favor, motion passed.

Jerry made a motion to adjourn the meeting, seconded by Dave, all in favor motion passed. Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Del Moeller, Lynden Township Clerk Anne Ackerman, Township Supervisor

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

JUNE 26, 2007
Those in attendance were Rick Holman, Anne Ackerman, Jerry Finch, Dave Johnson, Gail Bradford, Karolyn Boucher, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6.02 p.m.

The minutes were reviewed: Anne noted that she had made a correction on off-premise billboards to reflect the same standards as the county; Chelle stated that was correct and the minutes reflect the change. Karolyn found one mistake: the word “closer” should read “closed” in Section 7.20.5-C; the clerk will correct the master copy; Karolyn will post the minutes with the correction on the web site. Anne made a motion to accept the minutes with the correction, seconded by Karolyn, all in favor motion passed.

Dana Rootes was present; she is requesting a variance in Shores Point for lots 3, 4, 5, and 6 of the Bay View Addition. The proposed residence would be closer than 63 feet to the center line of the private township road. After discussion it was decided that a site visit will be on July 5th at 5:30 p.m. and the Public Hearing will be July 11th at 7:00 p.m. A decision could be made as soon as July 11th. The latest the decision will be made will be August 6th at our monthly meeting. Del will publish the public hearing notice June 29th.
Del will notify the planning commission of the date of the site meeting and public hearing. Dana Rootes stated that this meeting would be her notice and she will be in attendance at both meetings. Anne explained that this would just be the first step in the process; even if this variance was granted, she will have to contact Stearns County Environmental Services to apply for additional variances relating to shoreland issues.

Commercial Kennels: Chelle presented information requested by the township board for a moratorium on dog kennels in Lynden Township. In past discussions it was decided that Lynden Township needed to study and review information on dog kennels to be properly informed on regulations and issues concerning the management of commercial dog kennels. Chelle read the documents that had been prepared by Mike Couri; Resolution No. 2007-5 adopting an interim ordinance enacting a moratorium on the establishment of commercial kennels within Lynden Township; and Ordinance No. 2007-1 An interim ordinance enacting a moratorium on the establishment of commercial kennels within Lynden Township. After discussion of these two documents by the township board and planning commission, Dave made a motion to adopt Resolution No. 2007-5 and Ordinance No. 2007-1, as read, seconded by Jerry, all in favor, motion passed. The copies were signed and officially stamped. The clerk will take the ordinance to be recorded. Chelle will send copies of all documents to Karolyn by e-mail who will post them on the web site. A summary of Ordinance No. 2007-1 will be published on June 29th 2007.

Review of 2.1 and 3.2: Ordinances were reviewed for additions and corrections; there were a few minor corrections to be made in grammar and punctuation. Dave suggested that we add the disclaimer to Ordinance #2.1. This is the only ordinance that does not have one. Chelle will make the change. Anne asked if the proposed changes had been sent to the county before the public hearing. The clerk sent notice of the public hearing to Stearns County Environmental Services, but had not sent copies of the ordinances. Chelle stated that when everything was completed the new copies would be sent; also new copies will be given to all planning commission members, board members, Inspectron Inc. and several copies will be kept in the township files. All present were pleased that these two ordinances will be completed. Steve Anderson representing Franklin Outdoor Advertising was present; Anne asked Steve if he had any questions or suggestions. Steve felt the changes made were agreeable to him.

Rick stated that it was 7:00 p.m. and we were ready to discuss the Muggli Kennel Conditional Use Permit (CUP) application. Valorie Muggli and her two sons Wyatt and Elliott were present. Chelle asked Valorie if she had received the proposed CUP. She stated she had received it at 4PM that day and did not have time to prepare for the meeting. Chelle apologized that she did not get the information out sooner. Valorie asked for an extension. Chelle stated she felt we should review the proposed conditions to see where the problems were. Chelle stated that no decisions were to be made tonight. The proposed conditions were reviewed. Number One: Valorie objected to the request to have top angle fencing over all of the fenced area. She explained that it was not necessary because she only had three climbers. She also explained how she had trenched under the fencing so the dogs could not dig themselves out; she has the fencing on top where she feels it is needed. Chelle will work to reword the statement. The bottom line is the need for the animals to be contained. Number Two: Valorie wanted the time to be no longer than eight hours instead of the nine hours for the dogs to be kenneled. Elliot asked if it was a law in the township to have dogs kenneled at night. Our ordinance relates specifically to barking dogs. This is the reason to have the dogs in during the night. Chelle will make the change to have the time be eight hours. Number Three: Valorie asked if there was anyone on the board that was an expert to know how many dogs there should be at her kennel. She feels she is doing a good job with her dogs. There is not anyone on the planning commission who disagrees. Anne said the report from the site review was that she ran a good operation. Valorie is retiring a dog and explained that could cause her to have an extra dog, as well as she may have a female on premises for stud service. Gail felt that is was understandable. After more discussion Chelle felt that 45 dogs was a reasonable number. Number Four: Valorie presented a copy from USDA relating to composting. She felt she should have more options than one for waste removal. Anne suggested that she could follow the USDA plan she presented, but her current method of stock-piling waste and spreading it in the field is not composting. If she chooses to compost then she must follow the USDA guidelines which call for two aerated compost boxes. Karolyn felt waste bagged and in the garbage would be the easiest. Number Five: Valorie read a letter from her veterinarian James F. Larson; He stated he provided her veterinary service since she had lived in this area. This spring he ran numerous fecal examinations and felt the de-worming program she has in place is working well. Her dogs are healthy. The township board agrees that her dogs are healthy. There must be standards set for kennels and all of Lynden Township’s staff has done research in many areas. Valorie feels that she gave four different plans for kennel surface and there should not be just one offered. Jerry stated the option of sand and pea gravel was the best for this situation. Elliot asked Jerry how he could make that statement when he has no basis for that. Rick stated that was in the information Valorie provided to the board. Anne stated that one of the reasons the board had chosen that method because when Valorie was asked how often she changed her bedding, she said she did it when needed. The material stated it should be done weekly, and she was not doing that. The pea gravel option was discussed, and at that time Jerome Muggli agreed it was a good idea, and would be very workable and not that expensive. Val stated that she feels the board has been very adversarial from the start. Anne stated that she did not feel the board was in the least bit adversarial; all she heard from the site visit is that her dogs are healthy and she runs a good business. Standards must be set, and we have tried to make them be workable. The pea rock was discussed at the public hearing; the board felt by Valorie’s statement at the public hearing that she agreed. Dave stated that we want to set a standard for all kennels. She wants more options. Dave felt we must have a specific standard to make it clear, otherwise there is for room problems in the future. Chelle will work on this issue. Number Six: Valorie had an issue that after the initial inspection of the business there could be random inspections; she felt this was an invasion of privacy and she could have large expenses from these inspections; Dave stated that he understood the assessment would be of the animals and the facility. The board felt that Valorie was already doing the right thing and it would not be a problem. Valorie felt a neighbor may be angry with her, try to get on the board and shut her down. Anne assured her that could not happen. One person on the board with a specific agenda could not make anything happen. That is why there are three supervisors. Number Ten: Valorie said her accountant told her she does not need a tax identification number. Dave stated that she should have her accountant recheck. The standard is in the Revenue Code 92-26 in Minnesota Law. Dave pointed out the law to Elliot at his request. Number Eleven: The mobile home must be removed when the business is no longer in existence. The building is an existing non conforming structure. The building must be removed before the land is sold or when the business is ended. There is no grandfathering of the building. It was supposed to be removed when the lady it was set up for, moved. It did not happen. Elliot asked why we are making all of these rules to take our freedom away. Chelle stated in the absence of state or county standards we are simply adopting appropriate conditions for this business.

Anne asked for a condition to have no training classes for profit added to the permit. Chelle will add this to the conditions. Valorie will have the opportunity to have this application continued if she wishes. If she wants a continuance she will have to get a letter to Del stating so before next Monday’s monthly meeting.

Wyatt asked to speak and said he believes they are running a good business; he said he and his brother are both veterans, and he and his family are good citizens. He said we only got one complaint about the business. Anne interjected that the conditions did not come from any complaint; they are being imposed because they are appropriate standards for a commercial dog kennel. They currently are operating in violation because they do not have a permit. Wyatt asked if any of the people there were experts in raising dogs. The clerk gave them a copy of a letter that was presented to the township board from Jo Magney who has been in the business for many years. Wyatt feels the board should not be imposing regulations. He said that if you want to take away our rights why don’t you take away other peoples rights? Gail stated that we have really tried to be fair. Valorie feels that the members of the board are over-stepping their boundaries. Elliot said you cannot make stipulations for general kennels and then specific ones for them. He doesn’t feel this is right. It was reiterated that the board has the authority to impose appropriate conditions on any CUP application. Anne does not feel we are that far off on reaching an agreement for the proposed conditions. Chelle stated there are different rules for farm animals than dog kennels. Rick stated that we moved forward with a moratorium on dog kennels, because we want more time to study them. He said we agree we are not experts but we did the best we could from our research and the information we received from Valorie. We want to have Valorie be able to operate her business without costing her a ton of money. He apologized if she felt she was treated in an adversarial manner: it was not our intent. We are trying to do our best. Rick stated it has been a long process but reiterated our respect for Valorie and the way she runs her business. Hopefully we can reach an agreement soon.

Anne will send Valorie the list of revised conditions as soon as she receives it from Chelle. Valorie can then choose to ask for an extension.

There were 11 conditions for the conditional use permit and Valorie did not have an issue with conditions number 7, 8, and 9.

Karolyn made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. Meeting was adjourned at 8:35 p.m.
Respectfully submitted,

Del Moeller Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

June 11, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Gail Bradford, Karolyn Boucher, Greg Halverson, Gary Stang, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6.30 p.m.

Steve Anderson representing Franklin Outdoor Advertising was also present.

Rick talked about the Public Hearing on June 5th and stated that Steve Anderson and Keith Franklin were present and they were active in the discussion. Before we moved on, the minutes from May 29th were reviewed. It was noted that Gary Stang’s name was omitted from the May 29th minutes, the clerk will correct. Gary made a motion to accept the minutes with the correction, seconded by Anne, all in favor motion passed.

Based on input from the public hearing, discussion centered on the proposed prohibition of off-premise billboards. Anne explained Keith Franklin’s position that prohibiting billboards was in a sense redundant because the county allows billboards every 1300 feet, and Lynden Township’s industrial area is currently at capacity. Thus he felt the ordinance that is in place would effectively manage billboards without prohibiting them. Keith also made a point at the public hearing that Franklin does not currently have a billboard in Lynden Township and for example if a Lamar sign would come down, it could not be replaced if we have the word “prohibited” in our ordinance. Dave does not understand where the language is that we cannot replace a sign if it is removed. After discussion it was decided that we would no longer propose prohibiting billboards.

Anne stated that she felt the bigger issue was not “traditional” billboards, but off-premise signs like the one requested by Loren Mathison last year. We are proposing a change of wording to limit signage per building site rather than per lot. If an owner would choose to have an off-premise sign on their building site it would have to comply with the amount of signage they are allowed. Therefore if they choose to have an off-premise sign on their property it would allow them less signage for the on-site business.

After further discussion the following changes were made relating to signage:
That Section 7.20.1 General Standards shall add Letters J and K, as follows:
J. Any sign with changing text may scroll into place but must remain static for 10 seconds.
K. Digitals signs are permitted but the advertisement must remain static for 10 seconds.

That Section 7.20.3 (Signs permitted in Agricultural and Residential Districts) B and E shall read as follows:
B. One sign for each permitted non-residential use or use by Conditional Use Permit may be allowed. Such sign shall not exceed twenty (20) square feet in area per surface with no more than 2 surfaces. On principal arterial and minor arterial streets, signs in excess of twenty (20) square feet may be permitted by Conditional Use, but in no case shall the total square footage exceed thirty-two (32) square feet per surface or sixty-four (64) total square feet.
E. For the purpose of selling or promoting a residential project, one sign not exceeding forty (40) square feet per surface with no more than two (2) surfaces may be erected on the project site.

That Section 7.20.4 (Signs permitted in Rural Townsite, Commercial –Recreation and Industrial Districts) A-C shall read as follows:
A. The aggregate square footage of sign space located on permanent structures within a building site, including all sign surfaces, shall not exceed one hundred fifty (150) square feet.
B. No sign shall extend in height above the parapet wall of any principal building, except that one (1) free standing sign, not exceeding 64 square feet, shall be allowed and cannot exceed ten (10) feet in height above the average grade.
C. No sign shall be mounted on or above the roofline of any structure.

That Section 7.20.5 A shall read as follows:

A.Off-premise signs (billboards) may be permitted as a Conditional Use in any industrial district providing the total square footage of both sides of the sign area is not more than six hundred (600) square feet, for signs located along Interstate 94. On other streets, the total square footage of sign area shall not exceed thirty-two (32) square feet per surface with no sign having more than two sign surfaces.

C. No off-premise sign (billboard) shall be located closer than thirteen hundred (1300) feet horizontal distance from any other advertising sign measured in any direction. Billboards along I-94 shall not exceed thirty (30) feet above the average ground level at the base of the sign.

A question was raised concerning monument signs for our industrial developments. Chelle stated at this time Stearns County Ordinance #209 does not address this type of sign. Chelle is going to ask the county about management of this type of sign.

Dave asked about the Repealer in section 13. It will read: The Lynden Township Zoning Ordinances 2 and 4, as presently enacted, are hereby repealed.

There were pamphlets given to all members present regarding a lecture on conservation design and subdivisions presented by Randall Arendt at St. John’s. This was discussed at the monthly meeting. Jerry had thought that everyone who could attend should do so. There had not been a motion passed; Dave stated there should be one. Anne made a motion that any board or planning commission member who wanted to attend the meeting at St. Johns University on June 28th will be reimbursed the cost of the registration fee, mileage, and their hourly rate, seconded by Dave, all in favor motion passed.

The Muggli conditional use permit application was briefly discussed. This will be further discussed on June 25th. Chelle will e-mail all members a proposed conditional use permit to review. Please e-mail comments to Chelle. All proposed conditions will be finalized on June 25th with the intention that the board will make a decision on the matter at the July 2nd monthly meeting. The planning commission will recommend approval or denial at the meeting on the 25th.

There will be discussion on a proposed moratorium for dog kennels on the 25th. Chelle will verify with Mike Couri the proper procedure.

Respectfully submitted,

Del Moeller, Lynden Township Clerk

Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

May 29, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Jerry Finch, Gary Stang, Greg Halverson, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6.00 p.m.

The minutes from the May 21st meeting were reviewed; Gary made a motion to accept the minutes, seconded by Anne, all in favor motion passed.

C.C.O. Shores Final Plat: Clint Olson returned to have his revised final plat signed. There was an error made in the roadway easement. Their title company found the error. It was corrected by their Surveyor, Otto Associates. There were no other changes to the final plat. Gary made a motion for the Planning Commission to recommend acceptance of the final plat for C.C.O. Shores, seconded by Greg, all in favor, motion passed. Anne made a motion for the Lynden Township Board to accept the final plat for C.C.O. Shores, seconded by Jerry, all in favor motion passed. Rick, Anne and Del signed the plat.

Dave questioned why we use the St. Cloud Times for publishing notices. The electors voted at the Annual Meeting to use both the St. Cloud Times and the Clearwater Tribune for legal notices. All notices are also posted at the township hall.

DeDe Kron was in attendance representing Lynden Valley Industrial Park. The Subordination Agreement is the final document that still needs to be executed for this plat. DeDe presented the document. After review Anne made a motion to accept the Subordination Agreement, seconded by Jerry, all in favor, motion passed.

DeDe also presented the Letter of Credit in the approved amount of $564,744. It expires in December of 2007. The letter of credit will be reduced as work is completed and approved. If all work is not complete before the expiration date of the letter of credit, the developer will issue the township a new letter of credit for an adjusted amount before the end of December 2007. The amount of the letter of credit will cover 150% of the cost of the remaining work yet to be completed.

After discussion and review of the documents, Jerry questioned the signature on the letter of credit. The letter was signed but there was no signature block and the name was not legible. It was agreed that the name of the signer must be known. The letter of credit is from American National Bank. DeDe will get the name of the person who signed the letter and submit the information in writing on bank letterhead.

Dave made a motion to authorize Rick Holman, Anne Ackerman, and Del Moeller to sign the final plat for Lynden Valley Industrial Park contingent upon receipt of written documentation regarding the identity of the person who signed the letter of credit, seconded by Jerry, all in favor motion passed.

When documentation is received and the signature on the letter of credit is verified, per township attorney Mike Couri’s direction, Del will deliver all the documents to Stearns County Environmental Services including a letter listing the order of documents to be recorded.

Muggli Kennel Conditional Use Permit Application: Rick suggested that we discuss the CUP application for the proposed dog kennel. Dave previously provided a detailed document of kennel standards and Chelle questioned how much detail we want to include in potential conditions if this application were to be approved. Jo Magney and Dave George were in attendance. Mr. George has concerns about dog kennels in the township and has been attendance at previous meetings where it has been discussed. Jo previously submitted a letter regarding this issue for consideration. She raises dogs for sale. She has three dogs at the present time. She is very concerned that dogs being raised in kennels need to receive appropriate care and treatment. She expressed her opinion that if the applicant has 8 to 10 female dogs, that could require several employees to properly manage the operation. She is not totally opposed to a kennel, but there are great concerns in managing a kennel. She feels dogs are companion animals and not livestock, and should be treated as such. After discussion Gary asked Jo what her main concerns are. Her answer was noise control, cleanliness, and that each individual dog is receiving proper care and socialization.
It was reiterated that when the planning commission conducted a site visit of the Muggli kennel that it appeared she was doing a good job. As a planning commission and township board we believe people who love and have a passion for animals should be able to pursue their interests with appropriate conditions.
The age of the dogs was discussed. It was agreed that a dog would be considered an adult at six months.
It was determined that the number of dogs allowed should also be addressed as a condition. Limiting the number of breeding females was suggested. A limit of 45 total dogs was also suggested. The topic was discussed and Chelle will take the information provided by everyone in attendance.
Records are an important part of the business. Everyone agreed upon the need for inspections. How and when inspections would be conducted and who would handle enforcement need to be determined. It was suggested that Inspectron could handle it. Inspections must be random.
Dave said the main issue is how the public will be affected.
It was determined that Chelle will put together a list of proposed conditions for a conditional use permit. Jerry said the conditions should cover all the most important issues. She will get it out for review by the 9th of June. She would like all comments and corrections by June 14th because she will be on vacation from June 16th to the 23rd and will be able to review the comments before she leaves. Chelle will finalize a list of potential conditions to discuss at our planning commission meeting on the 25th of June.
Lynden Township will consider placing a moratorium on kennels after we handle this current application. We want to properly research kennel issues so we can consider adopting appropriate performance standards. We would be allowed to enact a moratorium for up to 18 months and could ask for an extension if needed. Chelle will call our attorney to see if we need a public hearing to enact a moratorium.

Signage Ordinance Changes: After discussion it was decided we need to have a meeting on June 11th starting at 6:30. We have some signage topics that still need to be finalized. We will hold the public hearing as planned on June 5th. At the next meeting we will discuss the comments and input from the public hearing and also consider electronic, scrolling, and other changeable signs. Our plan is to finalize all proposed changes on the 11th so the ordinance revisions can be adopted at the regular monthly board meeting on July 2nd. Del will inform Stearns County Environmental Services of our June 5th Public Hearing.

There was a brief discussion regarding the inability to locate Robert Timm to officially serve him with notice to clean up his property on Fulton Circle. Gary suggested we move forward with our attempts even if it involves newspaper publishing expenses. Jerry will call Stearns Electric to try to find the property owner’s address. Dave will check into the matter also. We will plan to move forward.

Rick asked if there was any other business to come before the township. There was none. Gary made a motion to adjourn the meeting, seconded by Greg, all in favor, motion passed. The meeting was adjourned at 8:16 p.m.

Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

May 21, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Jerry Finch, Gail Bradford, Greg Halverson, Karolyn Boucher, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6.00 p.m.

The minutes from the April 30th meeting were reviewed; Anne made a motion to accept the minutes with corrections, seconded by Gail, all in favor motion passed. Corrections will be made by the clerk.

Rick informed the group that the township board had reappointed Gary Stang to the Planning Commission for another term. His term will expire in 2012.

Chelle stated that Stearns County Environmental Services had a meeting regarding FEMA updating the flood information. Chelle stated that she would be able to represent Lynden Township and asked what flood issues we have in the township. The two areas are Fulton Circle and Grass Lake. Chelle will get back to Environmental Services with the information. The township wants the county to continue handling all issues in shoreland.

Chelle and Jerry reviewed Appendix A and B of Subdivision Ordinance #3.1 (roads and access). Chelle will make the changes noted. Anne asked about the driveway access being too wide. After discussion it was decided to leave the driveway access as is. Greg stated that when we review newly constructed roads our engineer should roll test the road, check for the correct amount of base, and should also certify that ponds and drainage are constructed properly. Chelle noted this and will add it to the appendix.

Anne reviewed and proofread Ordinance 3.1. She forwarded minor corrections to Chelle. Dave asked about liability for violations by property owners and tenants. Dave asked if it was possible for the Sheriff’s Department to issue citations. Chelle said though the Sheriff can issue citations for dog ordinance violations, the same is not true with violations of the zoning ordinance.

There was discussion about review of the sketch plan and preliminary and final plat applications. Chelle will change the verbiage to clarify the process, including when escrow deposits will be collected.

Chelle will have a sample CUP for the Muggli property to be reviewed and discussed at the May 29th meeting.

There was discussion on Ordinance No. 2. Results are as follows:
Gail stated that the word “Township” should be used throughout the Ordinance vs. “Town”; Chelle will make the correction.

Though it is not specifically stated in the township’s fee schedule, if an applicant chooses to appeal the result of a Variance or Conditional Use Permit request, the cost is the same as the initial application and a public hearing must be held.

There was a change in the state statute relating to non-conformities. If a non-conforming building is destroyed, it can be replaced, but the footprint cannot change. It cannot be higher and nothing can be added that didn’t previously exist, such as a basement. We will not address this in our ordinance until Stearns County makes changes.

There was further discussion on signs:
Anne asked the clerk to notify Franklin Advertising about the date and time of the public hearing where signs will be addressed. This will be done.
Gail asked about having the signage on the building permit. Chelle stated that the signage is part of the building permit.
Signs on buildings cannot be above the roof line, per county ordinance.
Greg felt that a free-standing sign was more attractive than a sign on a building.
One of the goals of the more restrictive nature of the township ordinance is to encourage small identifier signs. We want to restrict large free-standing tall signs.
The signage regulations should apply to each building site, not each lot where lots are combined.
We have come to the conclusion off-premise billboards will not be allowed.

Chelle will make corrections on all subjects that were addressed.

The sign issues were not resolved. There will be time set aside on Tuesday to review signs and specifically discuss electronic signs and directional signs. The slot will be set for 6:15 p.m. until 6:45 p.m.

The date set for the Public Hearing was set for June 5, 2007. Chelle will get the information to the clerk to publish.
Rick asked if there was any other business to come before the township. There was none. Gail made a motion to adjourn the meeting, seconded by Greg, all in favor, motion passed. The meeting was adjourned at 8:14 p.m.

Respectfully submitted,
Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

April 30, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Jerry Finch, Gail Bradford, Greg Halverson, Karolyn Boucher, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6.01 p.m.

The minutes were reviewed from the March 26, and April 9, 2007 meetings. There were no corrections or additions; Gary made a motion to accept the minutes from March 26th and April 9th, seconded by Gail, all in favor motion passed.

Chelle reported on the Muggli Public Hearing for a commercial kennel that was held on April 23rd. There was no action taken at that meeting; it was held to gather information. It was decided that the Township Board wanted to extend the date for making a decision on the matter for 60 days longer. Chelle has written the letter stating the reasons for the extension. Dave stated that sales tax was required for this type of business and that dog sales were not considered livestock. The type of flooring within the kennel areas was discussed and it was agreed that the current situation needed upgrading. The use of a sand base with dirt or pea rock over the top may be the best solution as stated in the letter provided by the Muggli’s from Amy Burford of the American Dog Breeders Association (April 23, 2007).

The question of whether the township should continue to review Conditional Use permits for Commercial Kennels was discussed. There are members of the board and planning commission that feel we may not be as qualified as the county. Chelle stated that the county is not any more qualified than the township board. She felt that we know our area, and how close neighbors are, and felt that Lynden would be most capable. Gary voiced concerns about number of dogs, what breed, and what type of fencing. These are issues that should be addresses to deal with future requests. Chelle again stated that because we care about the area, the township would be better than the county. Waste and health issues are the main areas of concern. Chelle stated that the Township may grant the permit with conditions and give the Muggli’s a specific time to complete any required projects, if they do not comply, we will deal with the matter at that time. Dave found information that sales tax must be charged. Gary had questions about the soils and how the waste would be handled and the number of dogs she may have. Her request is for 10 female dogs, not to exceed 20 adult dogs. Many questions arose at this part of the meeting. Dave suggested that we put a moratorium on dog kennels until this could be better reviewed and more information gathered. The issues from the public hearing would be discussed with the Muggli’s later on the Agenda.

Lynden Valley Industrial: Signature of the Plat and Development Agreement, no one showed for the 6:15 PM agenda item.

Duncan Land Split: Jerry and Julie Duncan want to split their 80 acre parcel into 2 parcels of 60 and 20 acres. They worked with Stearns County and were able to accomplish this split administratively, as no new building credits were generated by the split. Lynden Township will issue a Certificate of Compliance for this land split. Anne made a motion to approve an administrative land split for Gerald and Julie Duncan with Tract A at 20 acres, and Tract B & C at 60 acres, seconded by Jerry, all in favor, motion passed.
Anne will take the information and legal descriptions of the resulting tracts and type up the Certificate of Compliance. She will sign it and return it to the clerk to sign. The clerk will mail it to the Duncan’s.

Clinton Olson: Signature of Final Plat, no one showed for the 6:30 PM agenda item.

Dick Holthaus: Preliminary Plat review, no one showed for the 7:00 PM agenda item.

Karolyn brought to the attention of the group that the Naegele property where the billboard sign has been replaced has a pile of scrap iron that should be moved. The clerk will contact Bill Naegele on the matter. There is a junk car on the property of Clearwater Rental that has been there a long time and the windows are broken out. The clerk will contact the owner and asked to have it removed.

Franklin Signs: Keith Franklin and Steve Anderson were present to discuss the existing conditional use permit, and an existing sign violation. A conditional use permit was granted to the previous business to allow a cement business. At that time the Township required a conditional use permit for that type of business in that zoning district. Once the County adopted zoning and the Township entered into a Memorandum of Understanding with the County to utilize the County zoning and standards reflected in Stearns County Ordinance #209, the Limited Industrial District no longer required a CUP for certain uses, warehousing being one of them. Any new business, permitted by right, must still comply with the performance standards specified in Stearns County Ordinance #209. Since a CUP is not necessary for the business the topic of compliance was discussed. There are two issues that need to be addressed, first is the sign for the Pro Tire business and the second is outdoor storage. The Pro Tire sign is too high at 20 feet and is also too large. Lynden Township has more restrictive sign standards than the County and the height and size limitations must be brought into compliance. Townships cannot be less restrictive then the county. Keith felt that the temporary signs are accessories to their business. Chelle stated that accessory uses must still comply with the outdoor storage requirements. He felt that he was doing a good job with the site. Jerry stated that he should try to work to have his storage problem brought under control. Keith asked for middle ground; there is no middle ground on storage in #209. Steve felt that the ordinance was written in haste, and it could be amended. Amendment of the Ordinance is a County function unless it is a more restrictive function of the Township. Franklin signs will work on cooperating with the ordinance. Anne again expressed concern that the height of the Pro Tire Sign must be corrected. Anne asked how long before the sign could come into compliance. Keith stated that the sign will be lowered within ten days.

Muggli Kennel: Jerome and Valorie Muggli came to discuss the issues from the public hearing. Valorie felt what the township was asking for more than what was needed for the kennel to operate. She stated that she was not breaking any rules as of now. Chelle explained that she is actually in violation because you must have a CUP to run a kennel, so this is an after the fact application. Chelle explained to Valorie that we would not expect her to do anything more than what we would expect of any other kennel. The top three issues are waste disposal, proper drainage in the kennel and containment of the animals on-site. Spreading of the dog waste in the pasture was not acceptable, and dog waste has the potential to spread disease and needs to be treated differently than other animal waste. Valorie stated that she would bag the waste and dispose of it in the trash. Everyone agreed that was the best solution to that concern. The issue of drainage for the kennel areas was discussed. The township asked Valorie to use a sand base with two inches of pea rock over the top as described in the ADBA letter. The sand base would ensure proper drainage and would not be detrimental to the dogs. This is the simplest solution and would be effective for a long period allowing for easy clean up of the solids. This would be less expensive than concrete and better for the animals. Containment of the dogs on site is very important. Valorie explained that all fencing will be taken care of by the middle of May. There will be cement under all fencing so they will not be able to dig under. There will also be fencing that will not allow dogs to climb over the fenced area. The noise of the dogs must be addressed. Jerome stated that he feels they should operate a kennel that will set the standards for all dog kennels in Lynden Township. He felt the requests were reasonable. The numbers of adult dogs was discussed; based on the size of the site the number asked for is not unreasonable. Dave explained that they must charge sales tax on dogs sold; he referred the Muggli’s to Sales Tax Fact Sheet 100. Jerome had researched this and was now aware of the need for sales tax. Jerry felt the soil was a very important issue. If the CUP is approved, the conditions will be delineated by the planning commission and board, and the Muggli’s must comply. Valorie felt that the Morrison county kennel is not a good operation. She explained why her kennel was more acceptable. Each kennel application will be looked at on an individual basis. Follow up at the May 29th meeting. Since the Muggli’s were in attendance, the letter stating the request for the 60 day extension was given to them. The application was submitted on March 19, 2007 and therefore the Township Board must make a decision on the application by July 16, 2007.

We will have a working meeting on May 21st to finalize all proposed Ordinance changes so that a public hearing can be set. Everyone is asked to review the information on signs that was presented. Anne asked Chelle to send her the updated ordinances and she will review them before the meeting for any additional typo corrections.

Rick asked if there was any other business regarding the township. There was none.
Karolyn made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. The meeting was adjourned at 8:02 p.m.

Respectfully submitted,
Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes

April 9, 2007
Those in attendance were Supervisors Anne Ackerman, Dave Johnson, Jerry Finch; Planning Commissioners Rick Holman, Gail Bradford, Karolyn Boucher and Gary Stang; Clerk, Del Moeller and Planning Consultant, Chelle Benson.

Rick called the meeting to order at 6:05 p.m.

The minutes from the March 26th meeting were not available; they will be reviewed at the meeting on April 30th. The minutes from the February 28th meeting with Mike Couri were reviewed. Anne made a motion to accept the minutes, seconded by Jerry, all in favor motion passed.

Rick reported that he met with Jim Younger. He has a 28 acre parcel, PID No. 19.10387.000, at 16250 Cottonwood Rd. Jim wanted to make a split in his property for a nephew to build. Jim is in an A-40 District and in the Township’s Limited Growth Area; he would have to rezone. Rick told him if he wanted to request rezoning he would need to contact Stearns County.

Del had a call from a resident asking if they needed a building permit for a gazebo. If the building is over 100 square feet, it needs a permit. Also, if it is a permanent structure in a shoreland district, it needs a permit regardless of the size. Del will inform the resident.

DeDe Kron, Bob Herges, and Rick Heid were present representing Lynden Valley Industrial Park. DeDe presented copies of the final plat for Lynden Valley Industrial Park. She pointed out the lots now all meet the one acre requirement. DeDe also pointed out the zoning designation of an adjacent parcel was corrected from Industrial to R-5. The letter of credit was discussed. The Township Engineer noted a $16,500 discrepancy that was added in to reflect the cost of erosion control measures missing from the original bid. The final number the engineer approved was $376,496. Township Attorney Mike Couri and Bob’s banker have come to an agreement on the verbiage for the subordination agreement. This revised document will be reviewed when Lynden Valley returns on April 30th to have the final plat signed.

Anne suggested we move forward with the three easements for Lynden Valley Industrial Park. A Permanent Drainage and Utility Easement was signed on April 9th by the Regional Land and Holding LLC as Granter and notarized by DeAnna (DeDe) Kron, Public Notary.

A Temporary Easement for Hubble Road was signed on April 9th by the Regional Land and Holding LLC as Granter and notarized by DeAnna Kron, Public Notary.

A Temporary Easement for 196th St. was signed on April 9th by the Regional Land and Holding LLC as Granter and notarized by DeAnna Kron, Public Notary.

Anne made a motion to accept the easements for Permanent Drainage and Utility Easement, seconded by Jerry, all in favor, motion passed. These documents will be recorded at the Stearns County Court House.

Anne asked if everyone was in favor of signing the development agreement. Dave felt we should step back and take a look at the agreement because of the last minute changes. DeDe stated that the changes were very minor, and were all noted on the late e-mail. Anne felt that because the agreement was reviewed and approved by Mike Couri, she was ready to move forward if everyone would be comfortable with it. Dave has respect for Jerry and Anne’s opinion that they are ready, but wanted to ensure that the document could be readdressed if he had any issues after a further detailed review. Bob Herges stated they would be willing to review the document if Dave had any issues. Dave made a motion to authorize the chair and clerk to sign the Development Agreement for Lynden Valley Industrial Park subject to review and subsequent amendment as may be determined by both parties; and the assignment of the development agreement to Lynden Valley Industrial Park, seconded by Anne, all in favor motion passed. Anne also asked that it be noted that Bob Herges agreed to amend the document if deemed necessary. The Letter of Credit will be required in the amount of $564,744 prior to the final plat being signed.

Bob Herges submitted the final plat application and a check (#1030) in the amount of $7,390.70, which included outstanding attorney and engineer bills and an escrow deposit ($2,000). Del will give the check to Karen Weeres, Lynden Township Treasurer. Anne made a motion to approve the final plat, seconded by Jerry, all in favor, motion passed. The final plat has been approved and will be signed when we receive the letter of credit.

When the final plat is signed, the clerk will take all documents to the court house for recording. DeDe and Del will work that out when the time comes. Bob stated they will start advertising when the project is started.

Bob will work with his road contractor to determine how the road will be constructed as it relates to when the final wear coat will be applied. When he makes a decision he will let Jerry know. He felt the weather will have some factor on how it will be completed.

Karolyn commented that she was unhappy with all of the last minutes changes and how we have dealt with this. We must refine the procedure so we do not have all of these last minutes things happening. Chelle felt that despite the issues, we are properly covered. The cumbersome part of this plat was they did not decide whether they wanted to develop additional residential property or simply develop the industrial portion until they were several months into the process. Gail stated that one of setbacks was they did not know that the road by AJ Acres was a private road. All in all it was a learning experience and we will move forward to improve and streamline the process in the future.

The Public Hearing for the Muggli conditional use permit application for a commercial kennel will be held April 23rd at 7:00 p.m. Rick suggested that we review the findings of fact from the meeting. Gary stated we must consider that if we would not want it as our neighbor; we should not approve it. There are many concerns about health and sanitation related to the operation of commercial kennels. Dave stated that we must be very careful that we address all issues; there may be more requests for dog kennels. Chelle said she could not find a standard for dog kennels. Gary gave information on how he felt a kennel should be handled for health and sanitation. After complete review of the findings of fact, Rick stated he would call Valorie Muggli and let her know some of our expectations that would have to be met before we could approve the CUP. It was concluded that the three main issues were sanitation of the site, public health with disposal of the waste and containment of the dogs on site. We have 60 days to make a decision but the Township may extend the decision making another 60 days for a total of 120 days to make a decision on this application. Karolyn reported that she checked with sources where the kennel operated before coming to Lynden Township; there had been no complaints. It was noted that Valorie does appear to take good care of her dogs, but there are still questions on how the operation is handled. Jerry stated that Valorie should have a proposed sanitation program in place to discuss at the Public Hearing. Gary felt a letter from her vet would be necessary to give a professional opinion on her kennel operation. Chelle was asked to write a follow up letter to Valorie to express the issues raised that she should be ready to answer at the public hearing.

Chelle took the changes that were made to the Road Specifications and will review them and present them at the next meeting.

There was a decision not to have another meeting in April. If we do not finish our sign ordinance on the 30th of April; we will set an extra meeting in May.

Rick asked if there was any other business to come before the township. There was none.

Gail made a motion to adjourn the meeting, seconded by Karolyn, all in favor, motion passed. The meeting was adjourned at 8:14 p.m.

Respectfully submitted,
Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
March 26, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Jerry Finch, Gail Bradford, Greg Halverson, Karolyn Boucher, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 5:59 p.m.

Anne asked if she could discuss the Lynden Valley Industrial Park plat before reviewing the minutes. Rick agreed. Anne informed every one that Lynden Valley Industrial is not ready to present their final plat. Jim Schultz of SEH, the Township Engineer, only received the information he was to review at 2:00 p.m. today. The bid proposal was not broken down by category, and Jim did not have time to properly review it. He did notice that there was no entry for erosion control measures. We cannot move forward without the engineer’s approval of the bid. There was also an error in the Developer’s agreement: Mike Couri listed 125% of the bid for cost of improvements as the amount for the letter of credit, but our ordinance states that it should be 150%. Mike apologized and will correct the error in the final version. Jerry felt that we should have Mike Couri here when we sign the final agreement. There was discussion about the turn lane into the Industrial Park.

The minutes were reviewed from the March 19, 2007 meeting. There was a correction in the minutes. When talking about the Muggli property the word “trailer” should be replaced with “mobile home”. Karolyn will make the correction and post the minutes to the web site tomorrow. Del will correct the original. Gail made a motion to approve the minutes with the correction, seconded by Greg, all in favor, motion passed.

Lynden Valley Industrial Park representatives present were Rick Heid, Bob Herges, and DeDe Kron. They stated that the left turn lane has been approved by the Stearns County Highway Department, and Jim Schultz confirmed it was included in the bid for cost of improvements. The water and septic were discussed; this will be handled by the county. There was discussion about the easements for the two ponds and the cul-de-sac. Greg suggested if they each have a separate document if there are changes in the future it will be easier to handle. There are seven lots in the plat that do not meet the one acre lot size required by Lynden Township. There are questions on the engineer costs. These must be verified. There was discussion on the $2000.00 escrow that will be required when the final plat is approved. Bob stated that he will have the wear coat for the roads completed this year. He wants the roads to be taken over by the township in two years. Jerry will talk with our engineer about our road specifications. We do not specifically address when the wear coat should be applied. The name of Hubble Road on the plat was discussed. The road name was not issued by the county. Chelle felt that it may be hard to find and it was something the developers should discuss. The importance of a good directional sign was discussed. At this time there are no plans for an entrance monument sign. The planning commission felt it was very important that the Industrial Park was well marked. There is not a second entrance to the park, and if a truck missed the turn they would have nowhere to turn around. Chelle will check on issues related to this final plat. Chelle will call Mike Couri and address all of the issues that remain with Lynden Valley Industrial Park, including utility easements. Anne asked Rick Heid if he was comfortable with the developer’s agreement. He said he could live with it. When the project is complete, the balance of the Letter of Credit will be returned to the developer. Signage was discussed again; the concern is to have the Industrial Park easily found for the benefit of the development. There will be a 6:15 slot for Lynden Valley on the April 9th Planning Commission agenda if they are completely ready. The plat will not be signed until the township receives the letter of credit.

Eugene Koenig, 16182 5th Ave. stopped at the township hall. His concern was the grading of 5th Avenue. He stated that when Schendzielos graded the last time, he did not put his blade down, and did absolutely nothing to the road. He asked someone to speak to the person grading the roads. Jerry Finch who is in charge of road matters had left the meeting to attend a county meeting. Del took the information from Eugene and will call Jerry in the morning.

Dick Holthaus: Dick is ready to move forward regarding subdivision of his property, PID 19.0721.006, at 18754 Co. Rd. 145. He presented his sketch plan and had the signatures of Stanley and Vernetta Gustafson; therefore he was told he could move forward with subdivision. The parcel will have to be surveyed. Dick was informed he could have a slot on the April 30th Planning Commission meeting if he was ready. Rick encouraged Dick to move quickly on getting the survey as soon as possible, because it does take time to go through this process. Dick said he would be calling a surveyor the next day. Dick was informed that his preliminary plat application fee would be $1000. If ready, he will have a 6:15 slot on the April 30th agenda.

The agenda for the April 9th meeting will include Lynden Valley Industrial Park at 6:15 p.m. The rest of the meeting will be discussing the sign ordinance and other changes, with the intent of setting a date for a public hearing.

Everyone is asked to review the information on signs that was presented.

Rick asked if there was any other business regarding the township. There was none.

Karolyn made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. The meeting was adjourned at 8:02 p.m.

Respectfully submitted,

Respectfully submitted,
_____________________________ _________________________________
Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
March 19, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Jerry Finch, Gail Bradford, Greg Halverson, Karolyn Boucher, Del Moeller, and Chelle Benson, Planning Consultant. Rick called the meeting to order at 6:07 p.m.

The minutes were reviewed from the February 26th meeting. One small error was noted. Karolyn will make the correction and post the minutes to the web site tomorrow. Del will correct the original. Karolyn made a motion to approve the minutes with the correction, seconded by Gail, all in favor, motion passed.

Discussion of the Muggli conditional use permit application for a commercial kennel ensued. To this point we do not have the application returned with payment. Jerry said there are proposed changes to Stearns County Ordinance #209 regarding kennels. Anne had a copy of the proposed changes and made copies for the planning commission for their review. During discussion, Valorie Muggli dropped off her completed application and payment. Copies of the application were made for everyone and it was reviewed by the group. Anne stated that before going to any site meeting, the planning commission should be provided with copies of all information relating to the application. Del will do this in the future for all conditional/interim use and variance applications.

Chelle suggested that it is important for the planning commission to be prepared for the Muggli site visit by reviewing section 6.26 (page 40) in Stearns County Ordinance #209. The property in question is in an A-40 district. There is a mobile home on the property that is being used to shelter dogs. Chelle will check on the use of the mobile home on the property. The planning commission will review all elements of the business including proper facilities for appropriate care of the animals. There have been violations of the Lynden Township dog ordinance because some of the dogs occasionally roam at large off the property. Some incidents have involved aggressive behavior exhibited by her animals. The planning commission will address this issue and will also try to get a better understanding of the history of her operation.

Anne stated that at our organization meeting we raised the fee for conditional/interim use and variance applications to $600. We are not covering our costs at $500. The actual cost to the township is $750 plus publication and postage expenses and recording fees. This will be reviewed at the next organizational meeting in 2008. The intent is for the township to eventually be able to cover all their costs for these applications.

Rick stated that Dick Holthaus was ready to move forward regarding subdivision of his property and would be at the March 26th meeting. He has not called Del at this time. We will put him on the agenda at 7:15 in anticipation of his phone call.

There was discussion on the letter of credit that we will need from the bank before the Lynden Valley Industrial Park final plat is signed. We have not seen the final Developer’s Agreement. Anne will check with Mike Couri regarding the proper review procedure. Jerry will check with township engineer SEH regarding the final number for the agreement. The bank said they want to use the number provided by the contractor. Greg said that in most cases the numbers are usually very close. Anne talked about the $2000 escrow that will be collected at the meeting to cover cost of review of the installation of the improvements. The developers will also pay for all outstanding legal and engineering bills at that meeting. Anne will get a final bill from Mike Couri and Jerry will get it from Jim Schultz at SEH.

Anne said that Mike Couri suggested we should be collecting an escrow deposit when a preliminary plat is reviewed instead of waiting for final plat. In this fashion, if a developer defaults before final plat is reached, our costs to that point will still be covered. Chelle will review the proper way to structure this in our ordinance and applications. We will address this at our next working meeting.

Anne asked to review the Wang property before starting with the sign ordinance changes. There are two parcels proposed to be annexed. The first is 54 acres that St. Cloud Opportunities plans to include as an expansion of the St. Cloud Industrial Park. The second parcel is approximately 5 acres east of Franklin Road in the Scenic River District. Though the total is less than 60 acres, the board agreed that we want to move forward with an orderly annexation agreement. Jerry thought it was important that they take over maintenance for all of Franklin Road in the proposed annexation area. Dave felt that Mike Couri should be the contact person for this transaction. Anne will contact Matt Glaesman and tell him to move forward with the first draft of an orderly annexation agreement. She will make sure it is sent to Mike Couri for his review. Anne will call Mike and let him know the process has begun.

We began review of our sign ordinance. We are more restrictive in some areas, and it was decided that without a compelling reason to be more restrictive, we should align with County Ordinance #209. Some proposed changes to allowable sign sizes were made. Chelle will make the changes in our master copy. All changes will require a public hearing.

There was more discussion on signs. Temporary signs will be allowed per County Ordinance #209. It was decided at the last meeting that off premise signs will not be allowed. Anne has contacted Lynden Valley Industrial Park to see if they will be constructing an entrance monument for the industrial park. She has not received a response yet. Discussion ensued about identification signage the township could utilize to direct people within our industrial areas. It was determined that directional signs identifying streets would be more appropriate than signs identifying particular businesses. Jerry had the sign ordinance from the city of Burnsville and signage on buildings was discussed. They allow a proportional percentage of building coverage. Everyone was asked to review sign information to determine the issues we should specifically address. Topics include electronic signs, spotlights, etc.
Anne suggested we need another meeting in April so we can finish review of the sign ordinance and set a public hearing date. We will meet April 9th at 6:00 p.m. Del will send out a reminder to everyone along with the agenda.

Karolyn made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. The meeting was adjourned at 8:16 p.m.
Respectfully submitted,
_____________________________ _________________________________
Del Moeller, Lynden Township Clerk Rick Holman, Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
February 26, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Jerry Finch, Gail Bradford, Greg Halverson, Karolyn Boucher, Del Moeller, and Chelle Benson, Planning Consultant.

Rick called the meeting to order at 6:05 p.m.

The minutes were reviewed from the February 13th meeting. Corrections were made in regard to the land Stephanie Kingston wants to rezone. Del will make corrections, and Rick will sign at the next meeting. Karolyn will make the corrections and will post them on the web site tomorrow. Karolyn made a motion to approve the minutes with the corrections, seconded by Greg, all in favor, motion passed.

The next order of business was to make additional corrections to Lynden Township Ordinances #2 with amendments and Ordinance #3.1. Everyone took part in the corrections of these two Ordinances. Chelle will make the changes in the master versions.

The one issue that was very important was the signage in Ordinance #2. Jerry had received some information on signs that he thought would be very valuable for everyone to review before we make a final decision on the changes to this Ordinance. Jerry will forward this information to the planning commission and board. It was decided that we will meet on March 19th. At this meeting we will try to finalize the sign portion of Ordinance # 2.

Discussion on signs included that the township should consider erecting an informational sign to identify businesses and their directional locations. This service could be offered to interested businesses in the industrial park. They would pay to have their business added to the sign. Also, the sign that is at the entrance to Lynden Industrial Park sets a good example of signage that should be used to identify all Industrial Parks. Anne will contact Lynden Valley to ask about the location of their entrance monument. It is not clearly identified on the proposed plat. Karolyn suggested we should provide them an example of what the township would like to see. She will forward Anne a photo of the Lynden Industrial Park sign.

It was decided that we should consider having a permit application for a sign. The cost of the application for a sign must be further discussed. It was also discussed if there should be identification signs for residential developments, such as the signs at the entrances to Hidden River.

Temporary signs were also a topic of discussion. Temporary signs are allowed both on and off-premise in Stearns County Ordinance #209. The ordinance calls for a ten day limit on temporary signs. We will not change our ordinance to be more restrictive. Discussion ensued about off premise signs and it was determined that off-premise billboards and signs will not be allowed in any zoning district in Lynden Township.

Del was asked to call M&R Sign Company to find the cost of directional signs. Jerry will also check with the county on these signs.

The final plat application needs to have some changes. Chelle will be providing the final wording to Anne so she can forward the application to Lynden Valley. Once it is finalized, Karolyn will place the application on the web site.
After we determine the best way to handle escrow accounts, our subdivision ordinance will need to reflect the changes. The board will be discussing this at their meeting with Mike Couri, the township attorney.

There was a violation called in on dogs running at large. The owners of the property are Jerome and Valorie Muggli at 16855 County Road 44. A violation letter was issued, but it was also discovered that a commercial kennel is in operation at this address. Commercial kennels are not permitted in an A-40 district. It is a conditional use. Valorie Muggli plans to be at the monthly meeting on March 5th to discuss the issue. Anne spoke to her and told her she will need to apply for a conditional use permit. The planning commission has set a tentative date of March 28th to meet at the site if the application is received.

All ordinance changes and revisions will be reviewed at the March 19th meeting.

Greg made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. The meeting was adjourned at 8:20 p.m.

Respectfully submitted,
_____________________________ _________________________________
Del Moeller Rick Holman
Lynden Township Clerk Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
February 13, 2007

Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Gail Bradford, Greg Halverson, Karolyn Boucher, Gary Stang, Del Moeller, and Chelle Benson, Planning Consultant.

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

The minutes were reviewed from the January 16th and the January 29th meeting. Gary made a motion to approve the minutes for both dates, seconded by Gail, all in favor, motion passed.

Clearwater Township held a meeting on February 3rd; the meeting was planned for attendees from Clear Lake, Lynden, and Clearwater Townships. It was well attended by our township: all supervisors, the clerk, Rick, as well as residents were present. Clearwater Township’s clerk and one supervisor were present. There were a few residents of Clearwater Township there also. Troy Gilchrist, Attorney for Kennedy & Graven was the presenter. He had been a Minnesota Association of Township attorney for 15 years. His presentation was on annexation and planning and zoning. Clearwater Township was upset with the 20 year Comprehensive Plan that was approved by the City of Clearwater, they felt they had no advanced notice, and the plan was too far reaching into the township and included inappropriate future zoning. Rose Thelen, Clearwater Township Supervisor, asked if Lynden would want to collaborate with them on a letter to the City. Anne told them that we understood their concern but our issues were different from theirs and we would not want to sign the letter they will be sending.
Their township does not have a Planning Commission at this point; they were advised by Troy to get Planning Commission in place and move forward to address their concerns.

Stephanie Kingston came to the most recent town board meeting because she wants to further rezone the remaining 25 acres on 17th Ave., to R-5. When she platted Ervin’s Acres she stated that she had no intention of selling the residual parcel. The land in that area is in a moderate growth area, but though R-5 & R-10 are both appropriate in a moderate growth area, all moderate growth rezoning requests on land west of 17th Ave. have been granted with an R-10 designation. Anne stated that the intentions of the zoning districts in moderate growth were for R-5 to be closer to the boundary with Clearwater and areas further west to be R-10. It was also stated that if this area was granted an R-5 designation, then R-10 would never be utilized in the future. Stephanie had said she did not have a building credit on the 25 acres because the amount of wetland on the property caused her to lose one of her credits. That ordinance is no longer in place, so Anne told Stephanie to talk to Angie at Stearns County Environmental Services to see if there was any way for that building credit to be restored. Then if she desired, she could sell the parcel with one building credit without subdividing.
When Stephanie returns with her answer from the county, we will work with her.

The next order of business was to make additional corrections to Lynden Township Ordinance 3.1. Anne went over a list of corrections she found, and others added any additional corrections. When changes and corrections have been completed, there will be a public hearing to adopt the revised ordinance.

Anne presented a new final plat application that incorporated language suggested by Mike Couri. There was a discussion on the form, and it was decided that Chelle will speak with Mike to determine the necessary language we should include. Once it is finalized, Del will have double copies made for Lynden Township use. Anne would like to have this completed and sent to Lynden Valley before they come to the Planning Commission and Board for review of their final plat.

The next order of business was to make corrections to Ordinance No. 2 with amendments of September 12, 2003. Our system for numbering ordinances will be decided after corrections are finalized. The first portion of the ordinance was discussed and corrections were made. The remainder of the changes will be discussed at the next meeting including potential changes for sign regulations. We plan to have all changes finalized on both ordinances before the building season.

Anne made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. The meeting was adjourned at 8:02 p.m.

Respectfully submitted,
_____________________________ _________________________________
Del Moeller Rick Holman
Lynden Township Clerk Planning Commission Chair

LYNDEN TOWNSHIP
STEARNS COUNTY
Planning Commission Meeting Minutes
January 29, 2007
Those in attendance were Rick Holman, Anne Ackerman, Dave Johnson, Gail Bradford, Greg Halverson, Karolyn Boucher, Gary Stang, Del Moeller, and Chelle Benson, Planning Consultant.

Rick called the meeting to order at 6:05 p.m.

The meeting started a bit late because we were all introduced to six week old Thomas Halverson. It was a joy to meet him and thanks to Greg and Nicole for bringing him in on such a cold night. Without a doubt he is a keeper.

The minutes for January 16th were reviewed. Jenny Schmidt had taken the minutes; we do not have an electronic copy. Corrections were made; Anne made a motion to accept the minutes with corrections, seconded by Gail, all in favor, motion passed. Del will retype the minutes with corrections, and send them to Anne for final proofreading.

Dick Holthaus: Rick stated that he has worked with Mr. Holthaus regarding the subdivision of his property. Gary Stang stated that he is considering purchasing the property outright from Mr. Holthaus as a single parcel. Gary said he will come to a conclusion on the potential deal by tomorrow (January 31, 2007). If the deal goes through, the Township would not be involved and the platting process would not proceed. If the sale does not occur, Mr. Holthaus still wants to move forward on the platting of his property at 18754 County Road 145. At this time, Mr. Holthaus can only proceed through the sketch plan process since he is not the fee owner of the property. The preliminary plat application will require the signature of the fee owners of the property, currently the Gustafsons. The County will require the assessments to be paid before the property can be transferred to Mr. Holthaus. Chelle stated that she will speak to the Gustafsons to understand their position in this matter. Rick asked if the planning commission wanted to review the sketch plan information or wait. The planning commission wanted to review the sketch plan so there would be no delay in the process if the site is subdivided. Rick reviewed the information for the site with the checklist. Considering the lot size and the density within the R-5 district, there are few options for the site. The density calculation was obtained from the County and the aerial maps were reviewed. The question of wetlands was discussed. The large black area on the photo was an area that was burned – the extent of the wetland cannot be determined by the photo. The number and location of the buildings and the septic make drawing a line difficult. Access to the back of the property will be from the east side of the lot. It was determined that based on the simplicity of the request, all of the needed information was submitted. Gail made a motion to accept the sketch plan for the two lots with the understanding that the lots created with the preliminary plat must reflect the necessary setbacks for the septic system (tank and drain field) and provide access along the east side of the property, seconded by Karolyn, motion passed. The next step is the preliminary plat.

The rest of the meeting was scheduled to review potential ordinance changes.
Stearns County Environmental Services had called the clerk in early December asking to speak to the Township Board. It was decided they should present their information to the joint planning commission and board meeting. January 29th was the date set. The clerk forgot to put it on the agenda, so the board was unaware they would be coming to the meeting. Upon their arrival, our plans were set aside and we welcomed Anne Nelson and Shawn Beauduy from Stearns County Environmental Services.
Anne and Shawn presented information to the joint board regarding the Wetland Conservation Act (WCA) and National Pollutant Discharge Elimination System (NPDES) permits. A permit is required if more than one acre of soil is being disturbed. The County explained the WCA requirements for road maintenance and that it is important for the Township to call the environmental services office when doing work that will change the cross-section or drainage within the right-of way.
Shawn explained what the NPDES requirements are and how they affect the Township.
Forms were distributed. The primary message was the importance of calling in advance before starting a project if there are any questions about necessary permits and requirements. A folder with the information will be added to our file with the Lynden Township Road Specifications. This information will be available on file at the township hall and will be passed along to all developers. Rick thanked Anne and Shawn for coming and for the information they presented.

Another meeting was added to the schedule to allow for review of Ordinance #2 amendments that will be needed as a part of the Subdivision Ordinance amendments. The meeting will be February 13th at 6:00 p.m. The PC/Board was reminded to review both Ordinances for changes.

The township board will meet on February 3rd at 9:00 a.m. at the Clearwater Township Hall. Planning Commission is not obligated to attend the meeting, but is welcome to attend.

Anne made a motion to adjourn the meeting, seconded by Gail, all in favor, motion passed. The meeting was adjourned at 8:25 p.m.

Respectfully submitted,
_____________________________ _________________________________
Del Moeller Rick Holman
Lynden Township Clerk Planning Commission Chair