Meet Notes

Note: These notes are NOT the official minutes of the meetings of the Town Board of Credit River Township. They are meant to convey information of the proceedings of the Town Board. The official minutes are kept at the Town Hall and are available for review by any resident during the normal hours of operation of the Township Hall.

Credit River Township

Monthly Meeting Notes

September 9, 2003

Call to Order

Chairman Kane called the meeting to order at 7:06

Members Present

John Kane, Dan Casey, Leroy Schommer

Members Absent

None

Others Present

Clerk Jerry Maas, Treasurer Holly Batton, Engineer Greg Halling, Township Attorney John Roach

Minutes of Previous Meeting

Minutes of August 4, 2003 meeting were read.

Greg Halling suggested that the word “flatness” under the topic of Pebble Brook Court, paragraph 5 be changed to “curvature”.

Dan Casey made a motion to accept the minutes with changes, John Kane seconded, all in favor, motion carried 2 - 0. (Leroy Schommer abstained in that he wasn’t at the August 4 meeting)

Treasurers Report

The Treasurer’s report was read. Dan Casey moved to accept the Treasurer's report as read. Leroy Schommer offered a second, all in favor, motion carried 3 - 0.

Agenda Items

Sheriff's Report

No report this month

Resident's Group Report

No report this month in view of next week's Group meeting which the Board will attend.

Open Forum

Ruth Mcleod asked about the equipment at Casey’s Park and whether it had been removed as planned. Dan Casey indicated that it had been removed.

A couple of residents from the Creekwood Addition asked about tree trimming and whether or not they could as volunteers perform this duty. They also indicated that the picnic table in the Creekwood Park is damaged. Dan Casey indicated that the table has been removed.

The question of liability was raised and attorney John Roach will look into it. He suggested that waivers of liability might be a possibility.

The residents also asked about the monument sign at the entrance of the Creekwood. Addition and whether any thought had been given to replacing it since it was damaged by a motor vehicle accident quite some time ago. There was also a question as to whether anyone had received reimbursement for the damage. Attorney Roach suggested that ownership be determined.

John Kane suggested that the homeowners obtain an easement from the landowner. He suggested that a homeowners association initiate the action and that the Township would be happy to work with them.

Greg Brown raised a question on the use of Garbage Disposals in the SSD districts and that the homebuilders don’t seem to be aware of restrictions on these. He suggests that the Township get this information disseminated.

Greg Halling indicated that it was his understanding that the homeowners would be informed at closing time. John Roach stated that the covenants should address this restriction for each development. He suggests that it should be a Township requirement to place these in the covenants and that he would look into the issue.

Greg Halling and Clerk Jerry Maas will also develop a handout and devise some way of getting the information to the homebuilders as well as the homeowners.

Bob Masters asked if the county inspectors were catching these. A letter to the county building department is in order. Jerry Maas to send.

Ruth McLeod pointed out that it was her understanding that the MPCA permit doesn’t allow them. Greg pointed out that state code allows garbage disposals if the septic system is sized properly.

Jennifer Snyder asked about drainage on Monterey Ave, She was concerned that drainage will come onto her property. Greg Halling indicated he would look into it.

Dave Hoff asked about curbing for Monterey Ave. Greg Halling indicated that none is planned.

Steve Bess of Creekwood asked about dog laws as they pertain to leashing and barking. John Kane stated that to the best of his recollection, there was an ordinance years ago that did not prove to be workable. He stated that the county has some requirements and it was his opinion that it was a county enforcement issue.

In view of the fact that it was 7:30 and time to re-convene the annual meeting, Leroy Schommer made a motion to recess. Dan Casey seconded all in favor 3-0.

Re-Convene the Annual Meeting

Bryan Reichel, resident of Judicial Estates, assumed the duties of moderator.

Jerry Maas gave a summary of financial condition of the Township. He offered recommendations as follows for the levy amounts:

Road and Bridge

In order to continue to qualify for gas tax monies, it would be necessary to levy a minimum of $175,000. Mr. Maas recommended a levy amount of $177,0000

Fire Protection

The letter from Prior Lake indicated a fire contract for the coming year would amount to approximately $98,000 and therefore we should levy that amount.

General Fund

Last years levy was $110,000. In view of some recognized increased expenses, it was Maas’s recommendation that we increase it slightly considering that we do have an adequate reserve to draw upon in case of an extreme emergency. Therefore Clerk Maas is recommending a levy of $115,000.

The Credit River Residents Advisory Group requested funds from the township in the amount of $1500.00 to finance distribution of information regarding activities of the group as well as general information concerning township issues. Al Aspengren, co-chairman of that group made a motion that the Township appropriate $1500.00 for the stated purposes, resident David Hoff seconded. The motion carried by a voice vote.

John Kane made a motion to set the levy for the general fund at the recommended amount of $115,000. Pat Strachan seconded. Motion carried by a voice vote.

Al Aspengren made a motion to set the Road and Bridge levy at the recommended $177,000. Resident Bruce Nilson seconded. Motion carried by a voice vote.

Jim Kohout made a motion to set the Fire Protection levy at the recommended $98,000. Bob Masters seconded; motion carried by a voice vote.

The business of establishing the levies having been concluded, Bruce Nilson made a motion to adjourn, Bob Masters seconded. Motion carried by a voice vote and the annual meeting was adjourned.

Dan Casey made a motion to return to the business of the regular monthly meeting. John Kane seconded. All in favor, motion carried 3-0 and the regular meeting was resumed.

John Kane raised a question as to the binding nature of the $1500 previously approved earlier in the evening at the annual meeting noting that he wasn’t sure it was legal and that some resident’s might be strongly opposed to financing what might appear to be a private group such as this. Bob Masters asked Mr. Roach as to an opinion on the legality of so appropriating these funds. Mr. Roach indicated that he would look into it and suggested that in any event, the Board clearly heard the will of the people in attendance at the meeting.

Chairman Kane indicated that if the appropriation is found to be legal, he would do everything possible to see that the needs of the residents' group were met.

Agenda Item # 1 - Discuss rear setback requirements in OSD design configuration where property is adjacent to common area.

Greg Brown asked about the setback in cases where the “green-space” is a mound system. Ruth McLeod expressed a concern that a pool with its associated fence will cause additional clutter.

Tim Bendel suggested that a potential compromise of 15-20 feet might make this more reasonable.

` Greg Halling suggested that some accommodation will be needed in cases where the pool will drain onto a septic site or a trail.

Pat Strachan suggested that going to a 10’ setback might be too extreme and that perhaps a modification would be in order.

Leroy Schommer made a motion to table the discussion until the meeting on October 6. Dan Casey seconded. All in favor, motion carried 3-0

Other Business

Approve resolution authorizing a Road Loan/Expenditure of Funds for Paving Projects on West Side Drive and Pebble Brook Court

Jerry Maas presented a resolution requesting Board approval for a loan to finance the reconstruction and resurfacing of West Side Drive and Pebble Brook Court. The resolution was as follows

RESOLUTION # 2003-05

AUTHORIZING ISSUANCE OF CERTIFICATE OF INDEBTEDNESS

FOR PUBLIC IMPROVEMENT PROJECT

WHEREAS, the Township of Credit River has undertaken a public improvement project ("Project") to improve West Side Drive and Pebble Brook Court; and

WHEREAS, the Project was approved by the Town Board at the meeting of the Township on January 21, 2003, and

WHEREAS, it is necessary for the Township to obtain financing by issuing a general certificate of indebtedness in order to defray in whole or in part the cost of the Project; and

WHEREAS, the payment of the certificate of indebtedness which was issued by the Township be repaid from ad valorem taxes levied and collectible in the years and amounts required to produce sums not less than five percent in excess of the principle of and interest on the bonds or certificates to be issued as such principle and interest respectively become due as required by statute; and

WHEREAS, New Market Bank, New Market, Minnesota has agreed to purchase the certificate of indebtedness issued by the Township; and

WHEREAS, the Township has by this resolution fixed the amount of funds to be raised by the certificate of indebtedness to be $200,000.00 the maturity of the obligations to be payable in five (5) years from the date of issuance with interest at the rate of 2.95% per annum in such form so as to become a bank qualified issue as required under the provisions of Minn. Statutes Chapter 475 and 336.8-102, or 366.095.

NOW, THEREFORE, BE IT RESOLVED, that Township of Credit River issue its certificate of indebtedness to New Market Bank, New Market, Minnesota upon receipt of the sum of $200,000.00 payable with interest at the rate of 2.95% per annum in the form and manner as hereinabove stated, such issue to be bank qualified and in conformity with as provided by statutory law referred to above; and

ADOPTED this Ninth day September 2003 all members of the Town Board being present and voting in the affirmative.

TOWN BOARD OF CREDIT RIVER

(s) John T. Kane

Chairman

ATTEST:

(s) Jerald R. Maas

Clerk

John Kane made a motion that we adopt the resolution as presented, Leroy Schommer offered a second. All in favor, motion carried 2-0. Supervisor Casey abstained in that he is a resident of West Side Drive.

Approve expenditure of funds for the reconstruction project on West Side Drive and Pebble Brook Court

Greg Halling reviewed the pay estimates from McNamara Construction, which amounted to $229,291.27. He suggested that in view of the time that has elapsed we pay 100 percent of the amount due at this time.

Establish a Date for assessment Hearings on the above projects

The Board will meet on Thursday 9/18 at 4:00 to review assessment rolls and costs and approve the final assessment notice which will be published in the Prior Lake American on Saturday September 27 noting the official public hearing on October 14.

Discuss resolution regarding cost overrun on Monterey Avenue

Jerry Maas read the minutes of the meeting of the Road Authority held on August 29 regarding the construction problems encountered on this project The following resolution was proposed at that meeting and is being presented tonight for formal consideration

RESOLUTION # 2003-06

AUTHORIZING EXPENDITURE OF FUNDS

FOR MONTEREY AVE

WHEREAS, the Township in conjunction with the development of the Monterey Heights housing development entered in to a developers agreement with Westar Properties for the improvement of Monterey Ave., and

WHEREAS, Centerpoint Energy has caused considerable delay necessitating increased construction costs on the part of the developer, and

WHEREAS, unexpected costs associated with poor material found under the previously constructed gravel road and

WHEREAS, the Total aggregate of these issues has caused a total project cost overrun of $35,000.

NOW, THEREFORE, BE IT RESOLVED, that Township of Credit River will agree to pay an amount not to exceed $17,500 toward this cost overrun. In addition to the original $8500 agreed upon.

ADOPTED this Ninth day September 2003, all members of the Town Board being present and voting in the affirmative.

TOWN BOARD OF CREDIT RIVER

(s) John T. Kane, Chairman ATTEST:

(s) Jerald R. Maas, Clerk

Leroy Schommer made motion to adopt this resolution. Dan Casey offered a second. All in favor, motion carried 3-0.

Greg Halling mentioned that Center Point Energy has agreed to move the gas line to the west side of Monterey Road to keep all utilities on same side. The drainage tile will be on the East side and should stay undisturbed. Greg is concerned about the trees in the Township right of way and recommended that they be removed now.

Review request from Ed and Pamela Widener, Whitewood Ave residents, for a variance to replace existing ISTS system.

The Board reviewed this request and saw no issues at this time that would prevent a recommendation as requested. The Board indicated it would be prepared to offer a final recommendation at the meeting of the Board of Adjustment on October 13.

Discuss contract for disposal of Dead Animal carcasses that Scott County has negotiated. Does Credit River want to negotiate a similar contract ?

The Board directed clerk Maas to contact the vendor, inquire as to their interest in performing this service for the township and if so, invite them to the next meeting to discuss

Discuss residents' suggestion for “Adopt-A-Park” maintenance program/ Parks Plan in general.

John Roach felt that a plan could be worked out, but caution needs to be taken

Installation of sewer service under a wetland in Grey Fox , 4^th Addition

Greg Halling noted that he was unclear whether an item on the agenda at a previous meeting had been officially approved After some discussion, the Board decided it would be best handled if made a part of the developer’s agreement.

Temporary Pumping on Monterey Heights and South Passage Developments.

Both developers have agreed to use a common pumping service to take care of this requirement. The Board gave Dave Hetchler of On Site Services permission to get three quotes and select the appropriate vendor

Review and Pay Bills

The Board approved the following claims for payment:


8/5/2003	9040	Jerry Maas	Services as Clerk	$ 2,539.63
8/5/2003	9041	Lloyd Excavating	Sand/Salt/Street Signs	$ 127.14
8/5/2003	9042	Dustcoating Inc	Chloride Dustcoating	$ 6,789.48
8/5/2003	9043	LaCanne Paving	Road Repair-Fern Drive	$ 550.00
8/5/2003	9044	Art Johnson Trucking	Grading Roads/Trucking Rock	$ 2,032.54
8/28/2003	9045	SW Suburban Publishing	Legal Advertising - PL	$ 821.73
8/28/2003	9046	Edward Kraemer & Sons	Lime & Rip Rap	$ 877.58
8/28/2003	9047	Centerpoint Energy	Gas Bill Town Hall	$ 9.59
9/1/2003	9048	Dale Kuchinka	Weed Mowing	$ 875.00
9/9/2003	9049	Bill Feldman	Grass Seed	$ 60.00
9/9/2003	9050	Halling Engineering	August Statement	$ 19,165.51
9/9/2003	9051	Scott Soil & Water Conserv Dist	NPDES Inspections	$ 1,575.00
9/9/2003	9052	SW Suburban Publishing	PL American - August	$ 415.38
9/9/2003	9053	MVEC	Hall Electric Bill - August	$ 50.00
9/9/2003	9054	Eide Bailley	Audit Expense	$ 6,196.20
9/9/2003	9055	ECM Publishing	Lakeville Paper-August	$ 52.50
9/9/2003	9056	Integra	Phone Bill - Town Hall	$ 107.12
9/9/2003	9057	Dennis Karow	Park Lawn Care-August	$ 654.98
9/9/2003	9058	Monnen's Supply	3 Exterior Doors -Town Hall	$ 585.75
9/9/2003	9059	MVEC	Electricity-Creekwood Well	$ 16.00
9/9/2003	9060	X-Cell Energy	Nite Lite-Town Hall	$ 11.17
9/9/2003	9061	Bridget Chard	Consulting Fees -SSD	$ 210.00
9/9/2003	9062	J B Woodfitter & Associates	Culvert Refunds	$ 1,200.00
9/9/2003	9063	McWilliams & Associates	Culvert Refunds	$ 1,800.00
9/9/2003	9064	Jerry Maas	Expense Reimbursements	$ 149.79
9/9/2003	9065	Jerry Maas	Salary-Clerk	$ 2,539.63
9/9/2003	9066	Builder's Edge	Install 3 Doors at Hall	$ 289.00
9/9/2003	9067	Koestering Homes	Culvert Deposits	$ 3,900.00
9/9/2003	9068	J B Woodfitter & Associates	Culvert Deposits	$ 600.00
9/9/2003	9069	Matt Mahoney	Relocate Mailboxes-West Side	$ 212.00
9/9/2003	9070	DB Services	Relocate Mailboxes-West Side	$ 240.00
9/9/2003	9071	Holly Batton	Expense Reimbursement	$ 84.22
9/9/2003	9072	Holly Batton	Salary-Treasurer	$ 849.62
9/9/2003	9073	John Kane	Service as Supervisor	$ 1,158.99
9/9/2003	9074	John Kane	Expense Reimbursement-Wash DC	$ 972.00
9/9/2003	9075	Leroy Schommer	Services as Supervisor	$ 609.51
9/9/2003	9076	Dan Casey	Expense Reimbursement	$ 26.61
9/9/2003	9077	Dan Casey	Services as Supervisor	$ 360.17
9/9/2003	9078	Dan Casey	Sub Contract Work	$ 609.51
9/9/2003	9079	Art Johnson Trucking	Road Repair	$ 28,346.73

Adjourn

There being no additional business before the Board, Supervisor Schommer made a motion to adjourn the meeting. Supervisor Kane the motion, all in favor, motion carried 3 - 0. The meeting was adjourned at 11:58 pm.