Alexandria Township

Alexandria, Minnesota 56308

Minutes of the meeting of 09-03-2008

A regular meeting of the Board of Supervisors of Alexandria Township was held on the 3rd Day of September 2008 at the Alexandria Township Conference Room, 610 Fillmore Street.

ROLL CALL: Supervisors present were Bryon Alstead, Louis Ross, Jim Casper, Joel Dahlheimer, and Roger Thalman. Also present were Clerk Gregg Raisanen and Mona Billmark, Treasurer. As said members formed a quorum and the meeting was called to order by Chairman Thalman at 6:00 PM.

Alstead, seconded by Ross, made a motion to adopt the agenda with the following additions: under planning and zoning, item no.2, after-the-fact permit consideration for permanent dock on Lake Victoria. Motion carried unanimously

Ross, seconded by Dahlheimer, made a motion to approve the minutes of the August 18, 2008 regular board meeting as written. Motion carried unanimously.

Alstead, seconded by Dahlheimer, made a motion to authorize payment of claims 8269-8275 in the amount of $10,707.00; net payroll: $4,424.49, for a total of $15,131.49 and a transfer from savings into checking of $11,000.00. Motion carried unanimously.

CITIZEN’S CONCERNS:

E. Lake Burgen Drainage – the Clerk stated that the town had researched the minutes from the county commissioners, county planning and zoning and the township. Reference was made to the plat itself in the April 29, 1969 planning and zoning minutes and in the May 5, 1969 town minutes. The September 8, 1969 county commissioners minutes showed approval of the final plat of Burgen Shores. There was no mention of the drainage easement in the records that we could find.

One of the affected landowners, Nick Heydt, said that an easement reduces the value of the property. He felt that the easement was there for a reason. After all, it wouldn’t make sense for the developer to put it on the plat knowing it would reduce the property value. Mr. Heydt also stated that this is a public issue since the drainage is causing erosion into the lake and the township should have partial responsibility. With regard to the last town meeting, he thought that Attorney Haseman’s statements referenced roadway easements rather than drainage easements.

Supervisor Casper asked if improvements were indicated with the drainage easement. The way the easement is now, is it a potential hazard to public health? Engineer Kuhn responded that there is potential hazard to the Heydt and Weigel properties. Supervisor Ross asked if it relates more to public health or public safety? He also stated that we need to look at the final plat, which shows a delineated drainage easementx . First, was the public aware that water was flowing thru there? There seems to be an acknowledgment of water movement. Secondly, we need to look at the diversion of the waterflow. Either the landowner or the developer diverted the waterflow from the drainage easement. Someone took responsibility for that waterflow. If landowners do something and create a problem, is that township responsibility? Where do we draw the line? How do we justify spending taxpayer dollars on an issue that landowners may have created? Supervisor Casper said that at this point we don’t know if it was created by the landowners or was a natural occurrence. Chairman Thalman stated that the assumption could be made that the easement was put where the water was originally flowing. Did someone change the direction of the flow? Supervisor Ross asked if we could justify such a costly repair. Attorney Haseman had instructed the board that they would need justification, a finding of fact, to pursue the repair. Supervisor Casper feels that the county was at fault in creating this problem. Supervisor Dahlheimer reported that driveway permits were not required back when this property was improved.

Chairman Thalman opened the meeting to the public for comment. Karen Weigel spoke to the fact that the township should accept some responsibility in corrective action since this is a natural flow of water and Nick Heydt reported that this flow has been there for more than 30 years because of the age of the trees in the drainange.

Ross, seconded by Alstead, made a motion to take no action at this time, but to request of the landowners to continue to research and present to the board more affordable options. ROLL: Alstead – yes, Ross – yes, Casper – yes, Dahlheimer – no, Thalman - no. Motion carried.

PLANNING AND ZONING:

1. Permanent docks – Zoning Administrator Oleson drafted a moratorium for the board to consider. Oleson reported that he had spoken with the DNR regarding concerns about pilings being driven down into the lake bed. Their general consensus was they are not overly concerned about it. The board expressed safety concerns about snowmobilers, etc.

Zoning Administrator Oleson had contacted Julie Aadland, DNR Waters Division, who indicated that the township could amend our ordinance to regulate the ordinary high water mark. Both Ms. Aadland and Attorney Clark have said we could and had the authority to adopt an interim ordinance prohibiting permanent docks. Ross, seconded by Dahlheimer, made a motion to approve the resolution to adopt the interim ordinance prohibiting permanent docks. After discussion, Supervisor Ross, along with Supervisor Dahlheimer, withdrew the motion.

Clerk Raisanen recommended that the resolution and ordinance be redrafted into two documents. Ross, seconded by Casper, made a motion to adopt the redrafted resolution 08-11, a resolution adopting interim ordinance No. 118 prohibiting the installation of permanent docks within Alexandria Township. Motion carried unanimously.

2. After the fact permitting (dock on Lake Victoria) – Supervisor Ross said that our zoning ordinance, on page 76, 5(d) already gives the township the authority to govern permanent docks by requiring a shoreline alteration permit. The proper procedure, then, would be to ask for an after the fact application. Zoning Administrator Oleson stated that a letter has been sent to the landowner.

Zoning Administrator Oleson asked the board how they wanted these cases handled. Is the board going to be strict on these issues or give some leniency? The consensus of the board is to charge an after the fact fee and inform the landowner that they have the option to appeal it to the board.

ENGINEER’S REPORT:

1. Queens Rd Paving Project – Engineer Kuhn stated that WSN sent a letter to the contractor reminding them that the work was originally scheduled to be completed by September 5, 2008. Since the contractor, Riley Brothers, will not be able to complete the project on time, they will be assessed liquidated damages beginning September 5, 2008 until project completion.

2. Engineer Kuhn also informed the board that a letter went out on the ALASR project, W. Lake Jessie Drive. Engineer Kuhn and Supervisor Dahlheimer viewed the road and ascertained that the blacktop needs to be corrected in certain areas, such as soft spots, etc. WSN wrote a letter to the contractor stipulating that repairs need to be corrected by September 30, 2008, and that any additional repairs be completed before the final lift goes on. The contractor had requested waiting until next spring. WSN denied that request.

3. Engineer Kuhn reported that he asked if Alden Just would be interested in working on the Eldevik culvert. Engineer Kuhn to meet with Mr. Just on the particulars of this project.

4. Engineer Kuhn stated that there is a dip that is settling to the east side of Maple Drive, north of Shadow Lane. The board directed Engineer Kuhn to obtain quotes for the repair.

NEW BUSINESS:

None

OLD BUSINESS:

1. Office Photocopier – Clerk Raisanen informed the board that we had obtained new quotes from the two vendors, Marco and Viking Office Supply. Both companies revised their quotes. Viking changed their lease term on the color copier to 60 months, with a lease cost of $163.67/month. Marco changed their lease term on the color copier to 60 months, with a lease cost of $77.00/month plus a 1,000 prints/month minimum. Viking also lowered the cost of their black/white model, the Konica 200, by changing the lease to 60 months for a new monthly cost of $111.67. Marco changed their per print cost for the Sharp model to 0.014/print. After discussion, Dahlheimer, seconded by Casper, made a motion to lease a color copier, the Konica C350, from Marco for $77/month plus a 1,000 prints/month minimum charge. Motion carried unanimously.

2. Road Maintenance Contract – Clerk Raisanen stated that if the board chooses to have a yearly maintenance contract, we would need to put it out for bids. If they chose to contract for winter maintenance and summer maintenance separately, the contact amount would be less than $100,000, which requires sealed bids. The board consensus was to have the clerk obtain RFPs for a six-month winter road maintenance contract.

Being no further business, Alstead, seconded by Ross, made a motion to adjourn the meeting. Meeting adjourned at 7:35 PM.

Respectfully Submitted..... Approved this _____ day of________, 2008

_______________________________ ______________________________

Gregg Raisanen, Clerk Roger Thalman, Chairman