Princeton Township, Minnesota
Board of Supervisors Minutes

On Tuesday, January 17, 2006 at 7:30 p.m. Town Board Chairperson Greg Anderson called the Regular Monthly Town Board Meeting to order. Other members present were Steve Heinks, Dan Minks, Stephanie Johnston and John Moosbrugger.

Approve Minutes
A motion was made by John Moosbrugger and seconded by Steve Heinks to approve the minutes of December 20, 2005 as printed. Motion Carried.

Approve December Financial Report
A motion was made by Steve Heinks and seconded by Stephanie Johnston to approve the Financial Report for December 2005 as submitted. Beginning Balance of Township funds was $ 294,354.41; total receipts of $127,432.49; total disbursements of $100,949.56; leaving a balance of $320,837.34. Motion Carried.

Mille Lacs County Sheriff's Department
The Mille Lacs County Sheriff's Department was not in attendance with any reports.

Old Business
The first item of business was to discuss a request from Todd Sutton, Section 15, for approval of a Preliminary Plat for East River Ridge. This discussion was tabled from the December 20, 2005 Town Board Meeting due to an absence of a Town Board Supervisor. With this Supervisor absent, the vote to approve or deny was a tie. The Town Board asked the Clerk to add this item to the Agenda for the January Town Board meeting when there would be a full Board.

Mr. Lindberg stated that the Plat stands as submitted and he understood that the recommendations from the Township Engineer and Township Zoning Administrator still is that the Plat meets the essential criteria and elements of the Ordinance. He also stated that the Planning Commission had also recommended approval of the Plat to the Town Board.

Greg Anderson briefed Stephanie Johnston of what occurred at the last Town Board Meeting and reviewed the current Plat with her. Greg stated he had a whole list of problems that they see with the Plat and stated he questioned some of the reasoning of the Planning Commission.

Mr. Lindberg asked Greg Anderson for a copy of the typed document of problems he had in hand that he was showing. Mr. Lindberg asked where the list came from and who prepared it. He asked if the people who were in favor of the Plat prepared it, who was he counseling with, how many of those members were there and was it an official meeting. He asked for a list of names that were present when the document was prepared. Mr. Anderson stated that he had been doing some scribbling and came up with the list of problems and that the document was not complete yet. Mr. Lindberg stated that the document looked to be pretty nice and typed. Mr. Lindberg stated that Mr. Anderson was distributing it to other members and he would like a copy of it. He stated anything that is discussed and shared at a public meeting is public information.

Mr. Lindberg again asked for a copy of the document. The Clerk made Mr. Lindberg a copy and gave it to him.

Greg Anderson asked if the main private driveway would be maintained by an association. Mr. Lindberg stated it wouldn't be an association it would be a shared maintenance agreement between the property owners.

John Moosbrugger stated to recap a little more be felt that the way the Plat has been presented was sort of a way to pressure the Town Board into accepting the longer cul-de-sac that was originally proposed. He stated that the Town Board feels that is in violation of length requirement. He said to put it bluntly they put together something that they knew was not very appropriate use of land as a way to make the Town Board choose between something that was less than desirable to say the least than the original plan.

Dan Minks stated that Mr. Moosbrugger needs to rephrase his statement and quit using the word we. Dan said that this is John's feeling not his feeling. John Moosbrugger stated that Dan was in the minutes saying almost that same thing. Dan disagreed. John quoted the minutes "Dan Minks stated that if the Board doesn't like the current plan then they could choose to go with Sutton's first Plat because that met the Ordinance". John stated that was the point he was making is that this has been presented as a way to force the Town Board to go along with the original plan. He said that the only plat that is before them is the one that shows the private road with long strips of land connecting to each lot.

Greg Anderson asked the Clerk if she had gotten a hold of the Township Attorney. The Clerk stated that she had not because the Town Board had not motioned she do so.

Steve Heinks asked what our options are then. He said if this Plat gets denied would that allow the Township to go back to the Developer and say we would like to work on a different Plat that looks better. He stated that he just wants to know what the options are. He felt it would be nice to have a decent Plat like the first one that was presented but he also felt that there are loop holes in the Ordinance with the Plat currently being presented but he stated it meets the Ordinance. Steve felt that the Town Board needs to have concrete reasons why they are denying the Plat before they turn it down.

Greg Anderson stated that he felt it would be an excellent plan to place it back in the hands of the Planning Commission to make some kind of deal.

Mr. Lindberg stated that they have no ability to make a deal unless the Ordinance is amended. He stated that what the Township has in front of them is a Plat that the Township Engineer and Planning Commission states they meet the conditions of the Ordinance. He stated they can't go back and redraw something different unless the Ordinance is changed. He stated again, there are no alternatives at this time. He stated the Plat meets the Townships Ordinance. Mr. Lindberg said that the Township has drawn the rules of the game and if we play by those rules they are entitled to win.  He stated that the Town Board has a report in front of them that someone has given them with some questions and again he would like to know which of the Planning Commission members have given that to them.

Greg Anderson stated that it is some scribbles that he has done. Mr. Lindberg confronted Greg and said that he stated he had consulted with some members of the Planning Commission. Greg responded saying that he has talked to all kinds of members of the Planning Commission. Mr. Lindberg asked if the document was his work product and not something from the Planning Commission. Greg stated that it is kind of something he put together after talking to members of the Planning Commission and the Town Board and after reading the Ordinance. He stated that he hasn't had the opportunity to research each minuet one but he can surely do that. He stated he thought he would wait to do that and have the Township Attorney research it because he isn't an attorney.

Mr. Lindberg stated that he thought the answer to Mr. Heinks question was that they have no ability to negotiate because the Township Ordinance dictates what they can do with the Plat. They can't get a different road because a longer cul-de-sac or a longer road is not available and even if it were available under the Township's Ordinance someone from the Township correctly pointed out that it wouldn't meet the Counties Ordinance and the Townships Ordinance cannot be less restrictive as the County Ordinance. He said so what the Township has in front of them is a Plat that complies.

Greg Anderson stated that he thought when the Township revised the Ordinance there was something in there that said no lots could be an outlot because they were too small to be built upon. He said he thought he read something that stated if an outlot was too small it had to be absorbed into another lot. John Roxbury, Jr. stated that was correct. Greg stated then they have outlot 8 which is the first problem. Dan Minks stated at the Planning Commission meeting that outlot would be absorbed into lot 1. Greg stated that isn't shown on the Plat and that's what they have to vote on.

Dan stated it is in the Planning Commission Minutes.

John Moosbrugger motions to votes to reject the Preliminary Plat that has been submitted with the following grounds:
1)    The proposed Preliminary Plat does not conform to the Subdivision Design Standards. Specifically Section 100:400 (b) 2 which states that lot dimensions should comply with minimum lot area and other dimensional requirements specified in the Zoning Ordinance. The zoning Ordinance requires 330 feet of road frontage on a road and 66 feet of frontage on a cul-de-sac. He said lot 5 has 59 feet and is on a cul-de-sac. He said lot 6 has 67 feet and is not on a cul-de-sac. He stated the Plat also does not comply with Section 100:400 (b) 3 which says side line of lots shall be substantially at right angles to the right-of-way lines or substantially radial to curved street right-of-way lines. He stated that none of the lot lines are substantially at right angles to the right-of-way and none of them are substantially radial to the cul-de-sac or curve.
2)    He stated his second ground is that the Preliminary Plat contains a private road. He said Section 100:412 number 11 states that private streets may be approved only if the Township determines. He said then in Section A says private ownership will not adversely impact public health, safety and welfare. He said the DNR has provided a letter dated December 13, 2005 signed by Lonnie Thomas (Exhibit A) in which he expressed an opinion that private access will create future problems. Public services (fire, police, school busses, snowplowing) will be requested by the residents. He stated he would also like to mention that the Township Engineer at the December 20, 2005 Town Board Meeting agreed with that concern with the statement made in Lonnie Thomas's letter. He said for example if it is a private road and the maintenance agreement is not adhered to and there is a heavy snow and there is a fire back there and the fire trucks can't get to it that would be a safety issue. He said that is only one example of how a private road can be adverse to the safety and welfare of the Township. He felt it is adverse for other reasons as well and he felt the Township has the discretion under that section not to approve it.
3)    He stated his third ground to deny the Plat is that the Township Engineer did not recommend approval of the Preliminary Plat on the basis that it was poor planning and poor land use.
4)    His fourth ground was that he didn't believe the concerns that were concerns that were stated and contained in the minutes of the December 19, 2005 Public Hearing had been adequately or appropriately addressed by the developer. He asked that the minutes of that meeting also be incorporated as the basis of his motion. (Exhibit B)
5)    His fifth ground was that outlot A not conforming to the Ordinance as well. He stated that those are the grounds or reasons for the motion not to approve the Plat. He also added that he felt that the Plat was presented in bad faith in order to bully or pressure the Township into accepting a previously submitted Plat that does not conform to the Ordinance. Stephanie Johnston seconded the motion to deny the Plat.

Steve Heinks said before there is a vote he would like to ask Loren Kohnen if what John Moosbrugger just went through and stated is correct that the Plat does not meet the Ordinance. Loren Kohnen stated that it is only his opinion but he still contends that it meets the Ordinance. Steve stated that he would like the Township Attorney look at the Plat and reasons before the Plat is turned down. Greg Anderson stated then the Township is getting into a time issue. Stephanie Johnston stated that she felt the road issue alone is a reason for denial.

Motion Carried with Dan Minks and Steve Heinks opposed.

John Moosbrugger stated he wanted to encourage the Sutton's to come forward with another Plat that meets the Ordinance. He stated that the Township is happy to work with him and if they bring something forward that meets the Ordinance they could get some work done. Gabrielle Sutton disagreed with Mr. Moosbrugger's comment.

The Town Board discussed the estimates for Afton Road. The Town Board tabled this discussion at the last Town Board Meeting so the Township Engineer could put together a spec sheet for Dahlheimer Trucking & Excavating and West Branch Construction to bid off to come up with an estimate for the job. Dahlheimer Trucking & Excavating was the low bid. A motion was made by John Moosbrugger and seconded by Dan Minks to accept the bid from them. Motion Carried.

The Town Board discussed the complaints that had been discussed at the Last Town Board Meeting. The Town Board was scheduled to go out the John Woods property and evaluate the complaints on his property. The Town Board did not go out to the property on 1/5/06 as planned. Dan Minks and Loren Kohnen will be going out to the property on 1/24/06 at 1:30 p.m. and report back to the Town Board at the February meeting.

The Town Board discussed the complaint of junk vehicles over in Orchard Pines development. Loren Kohnen stated that he had gone out to the property and didn't see that there was a problem. The Town Board decided to do nothing with this complaint.

The Town Board discussed the complaint of the Business that is running from a residence in Section 21. The Clerk had sent a letter to the owner informing him to cease the business by January 10, 2006 or it would be turned over to the Township Attorney for further action. Loren Kohnen will go out to the business on 1/24/06 and investigate. Loren stated that he would like the Town Board to grant approval to the Clerk to contact the attorney if the business is still operating when he visits the site. A motion was made by John Moosbrugger and seconded by Steve Heinks to recommend the Clerk contact the attorney if the business is still in operation. Motion Carried.

The Town Board discussed the letter that had been received from Tom Meinz regarding the Lundgren property. This issue was tabled at the last meeting to give the Town Board a chance to read the documents. The Town Board reviewed the documents and is still unsure what is being requested. The Town Board asked the Clerk to contact Mr. Meinz and have him attend the next Town Board meeting if the request is still an issue.

New Business
The Town Board discussed the issue of the water softener or water filtration system. The Town Board asked the Clerk at the December meeting to get some information on some options. The Clerk contacted Ecowater. Ecowater came out and tested the water and found it to have very high iron content. Ecowater provided an estimate to install a water softener. The Town Board felt the quote was high and asked the Clerk to have Ken Henchen research some other options and report back to them at the next Town Board meeting. John stated that he has a water softener in his house and they purchase salt for high iron. Eric Minks stated that he bought a water softener that you can regulate the recharge on it. He stated they purchased that from Sears and recommended the Township check that option out.

The Town Board discussed the EBERT Construction release of final payment. The Clerk informed the Town Board that she has received an invoice for final payment of the project. The Clerk stated that there was a small list of items that have not been completed yet. Loren Kohnen stated he didn't feel the Town Board should release the final payment of $10,352.00 until spring when the sidewalk and railings were done along with the rest of the small items being completed. After some discussion a motion was made by Stephanie Johnston and seconded by John Moosbrugger to hold $3,000.00 from EBERT until spring when the sidewalk and railing is installed. Motion Carried.

Engineers Report
Todd talked about schedules. He stated that his plan is to have plans done by the end of February so they can have bids back and they can be approved at the Town Board Meeting on March 21, 2006.  He showed the survey of the west end of 40th Street. He showed the section line and where the road is now. He said it is off on the survey from what the road is now. He said what he plans to do is build the road where it is now. Todd said that the road is about 20 feet farther south than it shows.

Zoning Administrators Report
Loren Kohnen did not have anything to report on.

Open Forum
Brian Dahlheimer asked if he can start on the Afton Road project and if he can get partial payment up front. The Town Board stated that wouldn't be a problem. Brian stated he would invoice the Township for that amount.

Eric Minks asked if anyone has talked to Bob Soule regarding his property. He stated that all the trees on the property are being cut down. Greg stated that he has been trying to contact him and hasn't gotten a hold of him yet. He stated that he heard that he was going to put in several commercial businesses in there on the lines of a Commercial Industrial area.

Supervisors Report
Stephanie Johnston stated that she had been absent at the last Town Board Meeting and in reading the minutes there was discussion on the Clerk's wage. She stated that she wanted the other Supervisors to understand that they are only in attendance at 1 or 2 meetings a month and the Clerk is there all the time and they need to understand how much work there is to do in the office. She said if something happened and the Clerk had to be replaced it would take a lot more money to get someone else in that position and get them trained. She said the position is worth paying someone a good wage for. She stated that when the discussion of wages comes up again they all need to think about that. She said she knows in the Commercial Landscape business for that type of work the wages have sky rocketed and to find someone who does the payroll and office type stuff it is a lot to handle and it is worth paying someone well to do it. She said a lot of times it is worth paying someone a good wage than having two people working making a lower wage. She stated this is her opinion and she just wanted to share it with the rest of the Supervisors.

Clerks Business
The Clerk stated that Greg Anderson called her and asked if the Township was going to have an Employee Appreciation Dinner. The Town Board stated that they thought it would be nice to do that again. The date is set for 2/11/06 at 7:00 p.m. at Mac Daddy's.

The Clerk informed the Town Board about a Public Hearing that will be held at Mille Lacs County on 2/21/06 at 11:00 a.m. to discuss an Aggregate Tax.

The Clerk informed the Town Board that as she was pulling information for the upcoming Township Audit she noticed the Insurance coverage for the building was only at $50,000 and the personal property was at $10,000. She stated that she had talked to the Insurance Representative and they recommend that the insurance be raised to $275,000 for the building and $25,000 for personal property. She stated this would be replacement costs and the annual amount would be around $870.00 per year. A motion was made by John Moosbrugger and seconded by Dan Minks to contact the insurance representative and raise the insurance to the recommended amount. Motion Carried.

The Clerk stated that she and John Moosbrugger had talked before the last Planning Commission meeting. John stated that he would like to look into whether the Town Board could hold a closed meeting to discuss wages for employees. The Clerk reported that she had contact Troy Gilchrist at the MN Association of Townships. Tory said that you can have a closed meeting to discuss performance reviews and if you wanted to discuss wages at that time you could do so but you could not have a closed meeting to discuss only wages. The Clerk gave each Supervisor a copy of the Open Meeting Law.

The Clerk presented a quote from KDV Computer Technologies to update the one computer to have Excel. After a brief discussion a motion was made by John Moosbrugger and seconded by Steve Heinks to allow the Clerk to contact KDV and update the Microsoft Office Program to include the Excel program. Motion Carried.

The Clerk informed the Town Board that she had placed the ad in the paper for a Deputy Clerk. The Clerk asked the Town Board what wage they would give this new person. After some discussion the Town Board decided to pay a minimum of $12.50 per hour but anything more would depend on qualifications. The Clerk asked about vacation. The Town Board decided to give the new Deputy Clerk the amount of vacation that the previous Deputy Clerk started out with. (26 hours a year retroactive to starting date). Greg Anderson asked if the Town Board wanted to let the Clerk hire someone or if they wanted it to come back in front of the Town Board. Stephanie Johnston stated she thought the Clerk ought to hire the Deputy Clerk because she had to work with her. The Clerk informed the Town Board that it is actually MN Statues that says the Clerk/Treasurer shall hire the Deputy Clerk not the Town Board. John Moosbrugger asked if everyone would be comfortable with the Clerk doing the interviews and then before she makes a decision to run the names past Greg Anderson then it would be the Clerks call on whom she will hire and then at that point him and I would figure out what to offer the new Deputy Clerk. The Clerk stated she felt comfortable doing that.

The Clerk informed the Town Board that she had received a letter from John Oliver & Associates stating that their wages for 2006 Township Projects would be increasing.

The Clerk stated that she had read the Baldwin Township Newsletter and they had a comment in there that said the V.F.W. Auxiliary donated a MIA/POW and an American Flag to them. She asked the Town Board if they would like her to contact the Auxiliary to see if they would donate a flag to Princeton Township. The Town Board all agreed that was a great idea. After the meeting Larry Ziebarth stated that he would talk with the V.F.W. Auxiliary in February and make that request.

The Clerk stated that in the minutes of the Fire Advisory Board there was a statement that said it is the Township's responsibility to have a Disaster Plan in place and the Township should adopt a resolution adopting the Counties Disaster Plan. The Town Board agreed. John Moosbrugger motioned to go forward in adopting a resolution to adopt the Counties Disaster Plan. Steve Heinks seconded the motion. Motion Carried.

Stephanie Johnston wanted to express to the Town Board on a great job done by the Clerk in purchasing chairs for the meeting hall. She said with the small amount of money she had to spend she did an excellent job. The Clerk stated that the Town Board had approved she spend the $500.00 donation that was received. The Clerk informed the Town Board she spent $479.00 to purchase the ten chairs.

Approve payment of bills
A motion was made by Dan Minks and seconded by Steve Heinks to approve payment of the bills, Check numbers 6815 — 6847. Motion Carried.

Adjourn
A motion was made by Dan Minks and seconded by John Moosbrugger to adjourn the meeting at 9:10 p.m. Motion Carried.

Respectfully submitted,
Connie L. Heinks
Clerk/Treasurer

Attendees: Larry Ziebarth, John Roxbury, Jr., Frank Kriz, Gabrielle Sutton, Grant Lindberg, Jim Lindberg, Todd McLouth, Loren Kohnen.