CROW WING TOWNSHIP

Regular Meeting-October 9, 2018
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REGULAR MEETING, TUESDAY, October 9, 2018 6:00 pm CROW WING TOWN HALL

Board Members Present: Chairman Greg Smith, Supervisor Doug Kern, Supervisor Dave Schultz, Treasurer Sue Kern and Clerk Duane Ruona.

Greg called the meeting to order at 6:00 pm and the pledge to the flag was recited.

There were no gopher bounties.

Under new business the public brought up that there are areas on the shoulders/ditches of Town Hall Street that need to be fixed. The traffic to the BMX Track is not stopping at the stop sign on Remington Way. Remington Way is a private road but the township installed the stop sign. It was recommended that the Sheriff Office be called to patrol the intersection. It was suggested that a solar panel with red flashing lights be installed on the stop sign. The town board had no objection to the BMX track owners installing the flashing lights as long as they are MNDOT approved.

Two rezoning applications were discussed. A public hearing for Rezoning Application 18-4605 to rezone two tracts from Rural Residential 2.5 to Commercial 1 was held on Monday, October 8, 2018.

Property Owners/Applicants: JM Schlangen LLC and Rahn & Stephanie Findlay

Background: The applicants are proposing to rezone two tracts from Rural Residential 2.5 to Commercial 1.

The north parcel is owned by JM Schlangen LLC (Archery Country) and is five acres. It is accessed via Greenwood St. but it also has frontage along Business Highway 371. The subject property does not contain any structures.

The south parcel is owned by Rahn & Stephanie Findlay and is 10.3 acres. It is accessed via Greenwood St. The subject property does not contain any structures (a permit has been obtained to construct an accessory structure).

The subject properties are adjacent to other Commercial 1 property (north), Commercial 2 property (west across Greenwood St.), Rural Residential 2.5 (south) and residential property in the City of Brainerd (east).

The future land use map identifies the subject property as Rural Urban Transition:

Staff Findings: Staff offers the following findings of fact:

1. The subject properties are located at 11454 Greenwood Street (PIN 540013200100009) and 11378 Greenwood Street (PIN 5400132001A0009) and are zoned Rural Residential 2.5.

2. The ;north parcel is owned by JM Schlangen LLC (Archery Country) and is five acres. It is accessed via Greenwood St. but it also has frontage along Business Highway 371. The subject property does not contain any structures. The subject property is pre-existing. It does not meet the minimum lot size requirement of the Agricultural/Forestry Zone (35 acres).

3. The south parcel is owned by Rahn & Stephanie Findlay and is 10.3 acres. It is accessed via Greenwood St. The subject property does not contain any structures (a permit has been obtained to construct an accessory structure).

4. The subject properties are suitable for development in general conformance with the Commercial 1 land use district.

5. The reclassification will not alter the character of the properties in the immediate vicinity of the subject property.

6. The reclassification will not impact the health, safety, and general welfare of the public.

7. The subject properties meet the minimum lot requirements of the Commercial 1 land use district.

8. The rezoning of the property will not create any non-conforming structures.

9. The subject properties are adjacent to other Commercial 1 property (north), Commercial 2 property (west across Greenwood St.), Rural Residential 2.5 (south) and residential property in the City of Brainerd (east).

10. Rezoning of the property is in conformance with the Comprehensive Plan as the future land use map identifies the subject property as Rural Urban Transition.

The Planning Commission recommended approval by the Town Board. Archery Country wants to expand on the North parcel. The plan for the South parcel is to put up a building for woodworking. Greg made a motion to approve Rezoning Application 18-4605 with the ten findings of fact, seconded by Doug, motion passed.

A public hearing for Rezoning Application 18-4606 to rezone a portion of a 14 acre tract from Rural Residential 2.5 to Commercial 2 was held on Monday, October 8, 2018.

Property Owners: Andrew and Carol England

Applicant: Joel Brott

Background: The applicant is proposing to rezone the west 7.5 acres (approximately) of a 14 acre tract from Rural Residential 2.5 to Commercial 2. The subject property is located at 8577 State Highway 371 and contains a single-family dwelling, various accessory structures, private water well and a private sewer system (nonconforming). The property is accessed via 50th Avenue but it also has frontage along Highway 371.

The subject property is adjacent property zoned Agricultural/Forestry (west/south/north), and Residential (east). The property is near other property zoned Commercial 2; (600 ft to the southwest).

Staff Findings: Staff offers the following findings of fact:

1. The subject property is located at 8577 State Highway 371 (PIN 5402023006A0009) and is currently zoned Agricultural/Forestry.

2. The subject property is 14 acres and contains a single-family dwelling, multiple accessory structures, private water well and subsurface sewage treatment system. The rezoning request is to rezone the west 7.5 acres of the subject property.

3. The subject property is suitable for development in general conformance with the Commercial 2 land use district.

4. The reclassification will not alter the character of the properties in the immediate vicinity of the subject property.

5. The reclassification will not impact the health, safety, and general welfare of the public.

6. The subject property meets the minimum lot requirements of the Commercial 2 land use district.

7. The rezoning of the property will not create any non-conforming structures.

8. The subject property is adjacent property zoned Agricultural/Forestry (west/south/north), and Residential (east). The property is near other property zoned Commercial 2 (600 ft to the southwest).

9. Rezoning of the property is not in conformance with the future land use map which identifies the subject property as Low Density Preservation, however the proposed rezoning meets other goals and policies contained in the comprehensive plan.

The Planning Commission recommended approval by the Town Board. The gravel portion of 50th could have more traffic in the future. Part of the cost of paving the road in the future might be assessed to the property. Motion by Doug to approve Rezoning Application 18-4606 with the nine findings of fact, seconded by Greg, motion passed.

Jake Dehne of 9258 Atwater Court was present to request a second approach on his property. Dave has looked at it and has no objection to the driveway. Greg made a motion to approve the second driveway at 9258 Atwater Court. Dave seconded, motion passed.

Unfinished Business: The Chad Jillson violation was discussed. Dan Hawley was present to discuss the situation. Dan has talked to Crow Wing County Attorney Don Ryan about the issue. Chad is being prosecuted on another criminal matter and Don Ryan said he could add the cleanup of his property to the criminal complaint. Dan will make sure the cleanup will be part of the criminal sentence. Motion by Greg to give Dan Hawley discretion to dismiss the township complaint. Seconded by Doug, motion passed.

Wade Tomberlin was present to discuss his property violation. Issues that still need to be resolved are the installation of a Fire Number, getting a roll-off dumpster, removal of 50 tires, certification of his outhouse, and removal of a car. Wade said he would complete these items by the next Town Board meeting.

A speed limit request for Catherines Way and stop sign for Libby Lane was presented by Bruce Hayes. Bruce was told by a sheriff deputy that if there is no speed limit posted on a county road it is a 50 mph zone. Bruce asked that the speed limit be posted at 30-35 mph. There are school bus stops at each end of Catherines Way and there have been accidents on the road. Greg and Dave talked to Rob Hall, assistant county engineer, and were told that MNDOT must do a speed study to change the speed limit on a county road. The clerk was directed to ask the MAT attorney if the township has authority to set speed limits on township roads. Greg made a motion to install a stop sign on Libby Lane at Catherines Way. Doug seconded, motion passed.

Cake and refreshments were served in honor of Randy Powers retirement from the township. Randy was thanked for his many years of service.

Treasurer's report was given. Payroll checks were signed and claims were approved. The Anderson Brothers bill for Town Hall Street will be held for the next meeting.

Road Report. Dave has received two new driveway permits. Brenden Rees is sending $150 for the illegal driveway he installed. Dave Peterson has installed a driveway without a permit on Town Hall Street. The clerk will send him a letter. Dave talked to the DNR about installing a parking lot for the trail at Brandon Way and Crow Wing Heights Drive. The clerk was directed to send a letter or email to show support for the parking lot. Dave talked to Potlatch and the ditch damage on Brandon Way near the racetrack will be fixed. Dave talked to Rob Hall about future road projects in the township that could be tied to Crow Wing County projects. They include Sweet Road and 50th Avenue with Thompson Road in 2019 and 110th Street with CR153 and CR123 in 2020. The county will charge 8% of the construction costs to handle engineering on the projects. Dave talked to Anderson Brothers about ditch work on Town Hall Street. He also asked about a price for the shoulders on Cook Rd. They will get back to Dave with costs.

Greg made a motion to adopt the 5-year Road Improvement Plan recommended by the Road Committee. Doug seconded, motion passed.

Communications: Greg made a motion allowing township officials to attend the CWCATO Fall meeting on October 22, 2018 at the Deerwood Town Hall. Dave seconded, motion passed.

Greg made a motion to allow Dave to attend the Winter Preparedness Meeting at the Crow Wing County Highway Department on October 22, 2018. Doug seconded, motion passed.

Administrative business included a request from Crow Wing County for the 2019 Town Road Mileage Certification. Dave will review the list and bring it to the next meeting.

Doug made a motion to approve the minutes from the September 25th meeting. Greg seconded, motion passed. Doug made a motion to accept the Road Committee minutes of October 1, 2018. Greg seconded, motion passed.

Meeting adjourned at 8:15 pm.





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