TOWN OF MAY WASHINGTON COUNTY OFFICIAL TOWN BOARD MINUTES May 6, 2010

The Board of Supervisors of the Town of May met at their regular monthly meeting on Thursday, May 6, 2010, at the May Town Hall. Those present included Bill Voedisch, Board Chairman; John Pazlar, Supervisor; John Adams, Supervisor; Peter Kluegel, Building Inspector; Christine Eid, representing Eckberg Lammers; Diane Hankee, Town Engineer; Linda Klein, Town Clerk; Cheryl Bennett, Town Treasurer; and residents of the Town of May. Absent: Dave Snyder, Town Attorney. Chairman Voedisch called the meeting to order at 7:00.

Minutes, Checks, Treasurer’s Report Voedisch moved, seconded by Pazlar, to approve the minutes of the April 1, 2010, Town Board meeting as presented and amended. All approved.

Pazlar moved, seconded by Voedisch, to approve checks #15982 through 16021 including EFTS510 and EFSF510 transfer to State and IRS, respectively. All approved. Voedisch moved, seconded by Pazlar, to approve the Treasurer’s report as presented. The report is attached to these minutes and serves as the official record. All approved.

Road Vacation – Mike Dupont Christine Eid, representing Eckberg Lammers, provided an overview. The board cannot take action at this meeting. A date needs to be decided when the board will meet to consider the vacation, at which time the public can comment. She stated they need a survey and a list of all the property owners in the plat in order to provide notice to all. The watershed district and DNR will need to be allowed to comment because this borders protected waters. Voedisch moved, seconded by Adams, to open the public hearing. All approved.

Pete Kluegel provided a survey from 2002 of the existing plat. Jim Shaver, Carnelian Marine Watershed District, provided a letter of comment, which is attached to these minutes. From a water quality standpoint, the most critical part is the maintenance of a vegetative lakeside buffer and how it would be preserved into the future. Voedisch asked Dupont if there is anything a property owner is prevented from doing currently because this is a platted road. Dupont stated that he is currently taxed as if he has a lakeshore lot. The owner of Lot 11 has lived there since 1993 and uses a path in the ROW to be vacated down to the lake from his property. He would like to preserve his ability to continue having access to the lake.

Pazlar asked why Dupont has asked for the road vacation. Dupont stated that he wants to sell his property in total and make certain that Lot 13 cannot be built upon. He continued that no other residents have come forward wanting to use the road. Voedisch moved, seconded by Pazlar, to set the date of public viewing at Thursday, July 8, at 9 am, at the site. All approved. Voedisch moved, seconded by Adams, to continue this public hearing to August 5 and welcome comments anytime between now and then. All approved.

Official Town of May Board Minutes May 6, 2010 Page 1 Variances

Probst Property The Probsts own the 10 acres subdivided off of the Marian Peterson site off of Highway 95. They are in the process of putting up a new house on the site and wish to use the existing barn, which has always been closer to the road than the existing home. The board developed a teardown agreement with the property owner regarding tearing down the old house as soon as the new house is up, and the tear down included the existing horse barn which has been sitting closer to the front lot line than the existing house for over 30 years. The planner has advised that this is a non-conforming property, and it doesn’t matter how long the barn has been there. She believes they need to apply for a variance. The board was asked to weigh in on whether this property owner needs a variance considering the longevity of the barn being in place or if this barn could be grandfathered in because of longstanding non-conformity.

Pazlar agreed that doing it administratively would make sense, given this situation. Voedisch stated that Ms. Peterson probably should have asked for relief from this situation when the subdivision was done and it could have been done as part of that process. Adams agreed with this viewpoint. Voedisch moved, seconded by Adams, that the board draft a resolution with justification for Probst not needing a variance and will review that resolution in June with advice from consultants before making a final decision. All approved. Voedisch moved, seconded by Pazlar, to execute a 60 day extension to the house and barn teardown on the existing property, if necessary. All approved.

Albertson Property Laura Albertson appeared to discuss renovations to the existing original Albertson house, including a new foundation. They want to rotate the house sitting on basically the same footprint, but 20 feet further from the road. The setback from centerline is the problem, because it is non conforming now, and will still be non conforming, but less so with this improvement.

Voedisch proposed that this is also a long-standing non-conformity and that we should consider granting relief from needing a variance. The Board agreed and will come back in a month with clear resolutions regarding these two properties. Voedisch will draft the resolutions.

Voedisch moved, seconded by Adams, that the board draft a resolution with justification for Albertsons not needing a variance and will review that resolution in June with advice from consultants before making a final decision. All approved.

Violations

Johnson Nuisance Property Voedisch reviewed his correspondence regarding this property and his findings regarding the status of the property. Adams stated that the situation appears better, but is still a mess. Some progress has been made. The board agreed they would extend the time for Mr. Johnson, based upon the fact that visible progress has been made. Voedisch will continue to monitor the activity during the next 30 days.

Official Town of May Board Minutes May 6, 2010 Page 2 Brad Smith Two years have gone by since Smith was cited for being out of compliance by having junk, large storage containers and a large burn pile on his site, and since he was denied a permit to operate a small business, these were to be removed 2 years ago. He has not done anything in terms of the Town’s request to clean up the site. After the attorney sent the letter, Smith paid the remaining escrow he owes. Christine Eid stated that Smith wants 18 months to clean up the site. The Board would prefer a shorter timeline and will correspond with the property owner advising him that he should remove all the containers within 6 months.

Niskanen Fence Issue Voedisch brought forward a resolution denying Niskanen’s request for an ordinance change to increase allowable fence height to 8 feet. Pete Kluegel reports that the Niskanen fence has been lowered. Voedisch moved, via Resolution 2010-05, seconded by Adams, to not pursue an ordinance amendment increasing allowed fence height to 8 feet from 6 feet. All approved on roll call vote: Adams, yes; Pazlar, yes; Voedisch, yes.

Larson – Adams will call Mr. Larson to discuss the need to remove the small shed from his property, per the conditions of his variance.

Engineer’s Report

2010 Road Tour The road tour showed gravel roads in good order and blacktop needing minimal repair, along with some culverts needing work. At the June meeting, Engineer Hanke will provide information on the sign requirements.

New Business

Watershed Appointments John Bower, John Lennes, and Jason Husveth came forward to be interviewed. Interviews were conducted one at a time with the other candidates not in the room for each interview. John Bower spoke first about his interest; he has served for 15 years so far. Jason Husveth was interviewed next, and he stated he hoped the term could be two years so as to allow a better balance in representation and more staggered terms. John Lennes expressed an interest in being reappointed, but he indicated he would sunset his involvement after this term. Voedisch moved, seconded by Adams, that he would recommend sending a letter to the County supporting a three- year term for Jason Husveth and John Lennes. All approved.

Road Crew Computers Treasurer Bennett stated that she will contact Dennis Schroeder regarding the potential that Marv and Tom could access his computer for Town business. She stated, however, that Dennis currently does not have a computer, although he is considering purchasing a laptop.

Official Town of May Board Minutes May 6, 2010 Page 3 Curt Oswald The Board realized while on its road tour that the Curt Oswald canvas structure on his property has fallen into total disrepair, was put up illegally and that he has been notified in the past to remove it but has ignored those requests. Christine Eid will send a letter advising him he must take it down.

Lower St. Croix Partnership Voedisch moved, seconded by Adams, to appoint Jyneen Thatcher to replace Larry Kennedy to serve as the Town’s representative on the Lower St. Croix River Partnership. All approved.

Hearing no further business, Voedisch moved, seconded by Pazlar, to adjourn. All approved.

ATTEST: ______Linda Klein Respectfully submitted, Town Clerk William K. Voedisch, Board Chairman

Official Town of May Board Minutes May 6, 2010 Page 4