CHAIR
Bill Voedisch
14625 Old Guslander Trail
Marine on St. Croix, MN 55047
(651) 433-5976
SUPERVISOR
John Adams
14035 Oldfield Road North
Stillwater, MN 55082
(651) 430-8134
SUPERVISOR
John Pazlar
16601 Orwell Road North
Marine on St. Croix, MN 55047
(651) 433-5013
CLERK/TREASURER
Linda Tibbetts
P.O. Box 60
Marine on St. Croix, MN 55047
(651) 439-1706
DEPUTY CLERK/TREASURER
Marsha Olson
817 Everett Drive
Stillwater, MN 55082
(651) 275-9178
PLANNING COMMISSION
John Arnason
15149 Old Guslander Trail
Marine on St. Croix, MN 55047
(651) 433-8510
AGENDA
TOWN OF MAY
BOARD OF SUPERVISORS MEETING June 4, 2020
1. Call to order
2. Minutes
a. Review and approval of May 7, 2020 Board Meeting Minutes
3. Financials
a. Approval of Checks/Treasurer’s Report/Supervisor Pazlar Review of Bank Statements
4. Planning Commission
a. No May Meeting
5. 201 Sewer System
6. Engineering and Roads
a. Engineer’s Report
7. Violations/Complaints
a. 13003 177th Street – Town Code Violation – Building
b. 14890 Ostrum Trail – Town Code Violation – Potentially Dangerous Dog(s)
c. 12550 Otchipewa Avenue – Potential Town Code Violation
8. Old Business
a. Panorama Storm Water Project
b. Annette Friedheim – CUP Kennel Application
c. Norell Avenue as a Natural Preservation Route – Laurie Allmann
d. Nature’s Nectar – Interim Use Permit
9. New Business
10. Adjourn
Town of May Official Board Minutes May 7, 2020 Page 1
TOWN of MAY
WASHINGTON COUNTY, MINNESOTA
OFFICIAL TOWN BOARD MINUTES
May 7, 2020
The Board of Supervisors of the Town of May convened their regular monthly meeting on
Thursday, May 7, 2020 via virtual telephone/video conference. Those present included: Board
members John Adams, John Pazlar and Bill Voedisch; Clerk/Treasurer Linda Tibbetts (at the
Town Hall); Deputy Clerk/Treasurer Marsha Olson; Town Attorney David Snyder; Town
Engineer Katie Koscielak; Town Planner Nate Sparks, Town Animal Control Officer Brit Harmon,
and those with business before the Town. Voedisch called the meeting to order at 7:03 p.m.
Minutes, Checks, Treasurer’s Report
Voedisch moved, seconded by Pazlar, to approve the minutes of the April 2, 2020 Regular Town
Board Meeting. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Pazlar moved, seconded by Voedisch, to approve the minutes of the April 22, 2020 Board of
Appeals Meeting. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Voedisch moved, seconded by Pazlar, to approve the minutes of the April 30, 2020 Spring Road
Tour Meeting. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Pazlar moved, seconded by Voedisch, to approve the minutes of the May 3, 2020 Special Board
Meeting. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Pazlar moved, seconded by Adams, to approve checks for May 7, 2020 of 20312-20351, along
with electronic funds transfers EFTS0520 and EFTF0520 to State of Minnesota Department of
Revenue and Federal IRS, respectively, as presented. By Roll Call Vote: Adams: YES; Pazlar:
YES; Voedisch: YES. Motion passed. Motion passed.
Olson presented the Treasurer’s Cash Control Report showing a balance of $876,763.18, of which
$508,980.81 is investments. Pazlar moved, seconded by Adams, to approve the Treasurer’s Report
as presented. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
201 Sewer System Adams presented the 2020 201 Sewer System Budget for review and approval. He suggested a
budget of $62,181.82 but after consideration, he would like to increase the replacement by
$10,000.00. Adams moved, seconded by Voedisch, to approve the 2020 201 Sewer Budget at
$72,181.82. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Engineering and Roads
Future Road Improvement Projects
During the 2019 Fall Road Tour and 2020 Spring Road Tour, several roads were identified as
needing repair beyond regular maintenance of crack fill and/or chip seal. The approved 2020 and
Town of May Official Board Minutes May 7, 2020 Page 2
2021 budgets do not account for the improvements identified during the road tours and have not
been scheduled as future road projects.
Voedisch indicated that since tax revenues could be reduced due to the economic recession, that
we could hold off on any major paving projects such as mill-and-overlay and total reclaim, and
those roads showing potholing can be patched for this year and even next. Koscielak will work
with Voedisch and come up with a projects list for paved roads that includes, crack fill, chip seal
and patching, along with costs for each, and the board can then consider which ones to do this year
versus next year.
2020 Storm Sewer Cleaning
Storm sewer cleaning is tentatively scheduled for Friday, May 8, 2020, weather permitting.
2020 Street Sweeping
Allied Blacktop has completed sweeping of the roadways as identified in the contract and has
submitted the final invoice along with the necessary IC-134. During the Road Tour, additional
roads were identified to be swept this Spring. Allied Blacktop will schedule the additional
sweeping and invoice upon completion. Adams moved, seconded by Voedisch, to pay Allied
Blacktop $6,500.00 for street sweeping. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch:
YES. Motion passed.
2020 Gravel Application
The Board had awarded the 2020 Gravel Application contract to Miller Excavating. The gravel
delivery has not been scheduled and is anticipated to be completed in July before the second dust
control application. Voedisch and Koscielak with will review the gravel grid and come up with a
list of roads to gravel that will fit under $27,500 budget for this year.
Ozark Avenue and Ozark Court Storm Structure Repairs
In the Fall of 2019, Koscielak reviewed the condition of the existing storm water structures located
at the intersection of Ozark Avenue and Ozark Court. The review revealed gaps around the pipe
coming from a storm water structure. The gap allows soil from around the pipe to enter the
structure and be swept away by storm water. The road has been undermined below the
pavement/curb adjacent to the structure, and there is a hole in the road, revealing a cavity of space
below. Koscielak solicited a quote from Dresel Contracting ($8,000) and Rick Fuhr ($2,175) to
complete the repairs. Voedisch moved, seconded by Pazlar, to award the job to Rick Fuhr for
$2,175 to repair the five structural connections and fill the voids with concrete. By Roll Call Vote:
Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Gravel Samples
Koscielak’s staff is hoping to get gravel samples back from the lab in the next week. Gravel
samples were taken from 130th Street at Keystone Avenue and 121t Street.
Road Grader Repairs
Voedisch reported that a remanufactured engine has been installed in the Road Grader and it has
been delivered back to Marv. With the new engine, Voedisch said the grader is ready for another
ten years of service.
Town of May Official Board Minutes May 7, 2020 Page 3
Violations/Complaints
14890 Ostrum Trail – Town Code Violation – Potentially Dangerous Dog(s)
On April 11, 2020, two dogs from 14890 Ostrum Trail killed several chickens of Melanie
Vaughn’s at 14855 Old Guslander Trail. Vaughn was present at the board meeting. A sheriff’s
report was filed. It was noted this was the fourth incident involving the two dogs. Voedisch asked
for guidance from Snyder, as the dogs have continued to create issues. Snyder laid out the paths
that exist for this particular incident: The first is the dog-at-large charge which is a petty
misdemeanor charge which is being brought at the county level where the case is pending. The
second is the “dangerous dog designation.” The third is the question of enforcement of a dangerous
dog – which may require a formal civil action. The dangerous dog designation was made by
Washington County after the April 11, 2020 incident. The dog has been conclusively declared to
be dangerous. Therefore, the dog is to be removed from the township as the Town Code does not
allow dangerous dogs.
Vaughn said each episode has involved two dogs. The first three episodes were a Doberman and
a German Short Hair. This last episode involved the two German Short Hair which were seized.
Snyder went on to say as a result of the dangerous dog designation, the dogs should be removed
from the house/property which is normally done voluntarily. However, due to the present situation
and the parties involved, Snyder does not see any reason to believe that removal of the dogs would
be voluntary. The board would have to evaluate this possible action and make the final decision.
Vaughn noted that the owner of 14890 Ostrum did stop at her house and claim the dogs were not
his and he can’t do anything to keep them home. Harmon stated owner definition is simply a
resident harboring the dogs, providing care. Property owners are responsible for the dogs. If the
town proceeds with the dangerous dog rules in the Town Code, a warrant will need to be issued
and the dogs would be detained for 10 days and, during that time, the owners of the dog can come
into compliance with statute. The owners were given notice of dangerous dog designation and
their time to appeal ran on May 5, 2020 without objection. Snyder wrote a letter to Washington
County on May 2, 2020 inquiring whether they would commence prosecution. The board decided
not to take any action at this time, rather directing Snyder to report back at the June 4, 2020 Board
Meeting with his findings.
11271 148th Street – Town Code Violation – Potentially Dangerous Dog
On April 9, 2020, the owner of a dog at 11274 148th Street attacked a neighbor’s smaller dog on
the street. The smaller dog sustained serious injuries that required over $14,000 worth of
veterinarian bills. The homeowners of the dog that attacked paid the veterinarian bills, agreed to
have their dog chipped, and have reported the potentially dangerous dog has been kept more
securely.
Town of May Official Board Minutes May 7, 2020 Page 4
13003 177th Street – Town Code Violation – Buildings
Kevin Jutz was present at the meeting to give an update of his acquiring the needed acreage to
come into compliance. His attempt to purchase 20 acres from a neighbor, whose land and house
were on the market, fell through. He has another neighbor who is planning on selling his property
in two years. Jutz also proposed removing the sides of his pole barn which would create a lean-
to. This could reduce his square footage to acreage ration. Sparks indicated it would still be a
structure even without sides. Jutz then asked if the building were put on skids and become
“mobile” would it still a structure. Voedisch read the definition of “structure” from Chapter 7 of
the Town Code, and both secure and mobile buildings are considered structures. The board
directed Snyder, Jutz, and Kramer to meet to find a solution, i.e., fashion an agreement where Jutz
would post security stating he would come into compliance within a certain amount of time.
Tibbetts will schedule the meeting.
Old Business
Panorama Stormwater Project
Mike Isensee with the Carnelian Marine St. Croix Watershed District (CMCSWD) was present to
discuss the latest on the Panorama Stormwater Project. The $360,000 project with each party
(CMCSWD, May, Assessed Owners) would pay an equal portion, is currently on hold. Voedisch
explained, due to the economic situation, we need to reassess this project at this time against the
potential for reduced tax revenues and the inability of some residents to handle the assessment.
Isensee mentioned the MPCA has a 0% interest loan. Pazlar noted the Town needs to be mindful
of our budget and spending under the current financial state. Isensee said he has not discussed
with his board their 2021 budget.
Town Park Mowing
In March, Tibbetts solicited bids from North Woods Industries, Ground FX Lawn & Landscape,
and Easy Landscaping to mow the entire Town Park. Thereafter, Voedisch volunteered to mow
the ballfields at the Town Park with the town’s mower, only asking to be reimbursed for the cost
of fuel. Voedisch presented Tibbetts with a drawn map and a list of needed criteria for mowing
the rest of the Town Park. Easy Landscaping had already bid with and without the ballfields. She
forwarded the drawn map and list to North Woods Industries and Ground FX Lawn & Landscape.
The only bid received within the criteria requested was Easy Landscaping.
The town received a quote from Valley Green who did weed whacking last year. Therefore, two
quotes are before the Town Board for review and awarding: Easy Landscape of $255/time and
Valley Green of $225/time. Voedisch moved, seconded by Adams, to award the town park
mowing to Valley Green at $225/time. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch:
YES. Motion passed.
Dogs at Town Park
The board reviewed possible signs to place at the Town Park to remind people to pick up after
their dogs. Voedisch moved, seconded by Adams, to direct Tibbetts to purchase two signs and
have them installed with a budget not to exceed $150.00. By Roll Call Vote: Adams: YES; Pazlar:
YES; Voedisch: YES. Motion passed.
Town of May Official Board Minutes May 7, 2020 Page 5
Washington County Cooperative Weed Management Area Partners (MOU)
The board reviewed a Memorandum of Understanding from Washington County Conservation
District. After reviewing it, they decided to pass on participating in this project. Voedisch moved,
seconded by Adams, not to participate in the Cooperative Weed Management Area Partners
Memorandum of Understanding. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES.
Motion passed.
New Business
15020 St. Croix Trail Cell Tower – Generator
Sparks reported that General Dynamics, on behalf of AT&T, has requested zoning approval to
place a backup diesel generator in a 4’ x 10’ shed within the compound. The CUP mentioned five
buildings within this area and this is a small structure that is next to one of the two existing
structures. The CUP states equipment may be added or removed without the need to amend the
CUP; thus, this type of change can be approved by the Board. Major modifications to the tower
and site require an amendment to the CUP.” Sparks indicated that noise from the generator could
be an issue and General Dynamics has submitted a detailed noise/sound study. The study
concluded the noise level would be at 65.4 decibels at 23 feet from the generator. Metropolitan
Pollution Control Agency requirements dictate below 65 decibels. A revised sheet depicting
conformance to the requirements was requested and the response from General Dynamics was “it
should stand to reason that it complies.” Typically, applicants depict conformance when
requesting permits. Sparks noted the generator is diesel that will contain a fuel tank within the
shed. Sparks said if the board is in agreement, Kramer and Sparks can take care of General
Dynamics’ request. We could get more clarification on the noise, however, it likely will be fine.
Voedisch said with the previous cell tower, when a generator was added, it was considered an
administrative change approved by the Board.
CUP Kennel Application – 16740 Norell Avenue
Annette Friedheim of 16740 Norell Avenue has applied for a private dog kennel permit. She has
four dogs of her own and intends to keep foster dogs awaiting adoption. The Town Code allows
properties to have up to three dogs. Anything more than three is only allowed as a “kennel.” The
Town Code has two types of kennels listed: private and small business. Friedheim would exceed
the number of allowed dogs for personal companionship. She stated to the board that there would
be no outside public traffic to her residence, she has a fenced yard, and she has been a foster
volunteer through Midwest Animal Rescue for some time. The board discussed whether this
would fall under a small business permit but it was noted she has only five acres and, that there
would be no visiting the dogs by the public. A potential stand-alone permit could be created that
would reflect 4-6 dogs, as opposed to the kennel CUP which dictates more. Harmon voiced
appreciation for folks like Friedheim who volunteer to foster dogs. Snyder recommended working
with Sparks to help fashion a solution to the current situation, i.e., small business permit, CUP, or
another allowable position.
Norell Avenue Natural Preservation Route – Laurie Allmann
Laurie Allmann of 16220 Norell Avenue was present at the meeting to discuss her request to pursue
Norell Avenue between County Road 4 and County Road 7 being deemed a Natural Preservation
Route as defined by Minn. Rule 8820.4000. She came before the board to ask if they would
Town of May Official Board Minutes May 7, 2020 Page 6
support her effort. Allmann thinks her review of the qualifications stated in the rule is met wherein
the preservation would protect water and wildlife, as well as vegetation. Before she brings her
proposal to Washington County, she would like the town’s support in gathering needed
information. Tibbetts volunteered to work with Allmann to secure the needed information.
Voedisch said getting Fran Miron in on the project early would help.
Nature’s Nectar – Interim Use Permit
Snyder completed the first draft of the proposed Interim Use Permit and it is being reviewed.
Township Insurance – Chris Sauro
Chris Sauro introduced his colleague Josh McDuffy who he has been grooming to be his
replacement when Sauro retires on August 1, 2020. Sauro presented his insurance
recommendation to the town board. Pazlar noted the Town Hall replacement is listed at $498,493.
He would like to see that increased. Kramer will check into the cost of replacing the Town Hall,
not at historical levels, but at normal structural guidelines. Pazlar thought it should be upward of
$850,000 worth of coverage. Sauro will check with the insurance carrier, League of Minnesota
Cities Insurance Trust, on increasing the coverage of the Town Hall. Regarding mobile property,
LMCIT changed their rules on scheduling, “mobile property with values greater than $250,000
need to be scheduled.” It was noted the 2006 John Deere Grader is scheduled for a limit of
$171,762 and, therefore, no longer needs to be scheduled. Tibbetts questioned whether the
township should have blanket equipment breakdown coverage. Sauro will get information to the
board on the details of said coverage and what it handles. The total premiums for 2020 are
$9,695.00 compared to $9,541.00 in 2018 and $8,685.00 in 2019.
Regarding the waiver of Liability Coverage, Voedisch moved, seconded by Adams, to not waive
the monetary limits on municipal tort liability established by Minn. Stat. Sec. 466.04. By Roll
Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
The board thanked Sauro for his years of service to the township in handling its insurance needs.
Lakes Area Youth Service Bureau Contract
The town board reviewed the proposed contract with Lakes Area Youth Service Bureau for 2020.
Voedisch moved, seconded by Adams, to approve the 2020 contract with Lakes Area Youth
Service Bureau. By Roll Call Vote: Adams: YES; Pazlar: YES; Voedisch: YES. Motion passed.
Adams moved, seconded by Voedisch, to adjourn the meeting. By Roll Call Vote: Adams: YES;
Pazlar: YES; Voedisch: YES. Motion passed. Meeting adjourned at 9:52 p.m.
Attest, Respectfully submitted,
______________________________ _____________________________
Linda Tibbetts Bill Voedisch
Clerk/Treasurer Board Chair
C:\Users\towno\OneDrive\Documents\Engineer\2020\015230-000 DSN 052720 Staff Report - JuneBoard Meeting.docx
SA INT PA UL, MN | 55101 | 651 .286.8450 | W SBENG.COM
Memorandum To: Board Chair and Supervisors, Town of May Linda Tibbetts, Town of May Clerk From: Katie Koscielak, Project Engineer Mark Erichson, Town Engineer Date: June 2, 2020 Re: Engineering Staff Report – May 2020 WSB Project No. 015230-000
1. 2020 Pothole Repairs: Staff has solicited quotes to complete roadway repairs along various roadways
throughout the Town. The map of the roadways to be repaired in 2020 are summarized below:
• Northridge Avenue – potholing filling at various locations and repairing two (2) areas within the cul-de-sac consisting of saw cutting the existing potholes/deteriorated pavement and replacement of the pavement.
• Paul Court – potholing filling at various locations
• Ostlund Trail – potholing filling at various locations
• Ozark Avenue – potholing filling at various locations and repairing two (2) areas within the cul-de-sac consisting of saw cutting the existing potholes/deteriorated pavement and replacement of the pavement.
• Paragon Avenue – potholing filling at various locations and repairing one (1) area within the cul-de-sac consisting of saw cutting the existing potholes/deteriorated pavement and replacement of the pavement.
• 130th Street/Panorama Avenue – potholing filling at various locations
• Partridge Court – potholing filling at various locations and repairing one (1) area within the cul-de-sac consisting of saw cutting the existing potholes/deteriorated pavement and replacement of the pavement.
• 122nd Street – potholing filling at various locations
• Paris Avenue – potholing filling at various locations
• Parade Avenue – potholing filling at various locations
• 124th Street – potholing filling at various locations
• 121st Street – potholing filling at various locations and repairing one (1) area within the cul-de-sac consisting of saw cutting the existing potholes/deteriorated pavement and replacement of the pavement.
The map of the roadways to receive pothole repairs. The quotes received are: T.A. Schifsky $24,815 and Allied Blacktop Co. $77,922. Since we have been getting complaints about potholes we wanted to get this awarded ASAP, so the Board was polled and Schifsky was chosen. The quotes are broken down by street and type of improvement to allow the Town the flexibility to review the costs against the current budget, and only approve work for this year that fits the current budget.
2. 2020 Crack Fill Improvements: Staff has solicited quotes to complete crack fill repairs along various roadways throughout the Town. The map of the roadways to receive crack fill improvements is included. The quotes were separated by street to allow the Town the flexibility to review the costs against the current budget and modify the improvements as necessary to accommodate the current budget. The quotes will be made available at the June Board Meeting.
Engineering Staff Report – June 2020 June 2, 2020 Page 2
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3. 2020 Chip Seal Improvements: Staff has solicited quotes to complete chip seal improvements along various roadways throughout the Town. The map of the roadways to be chip sealed is included. The quotes were separated by street to allow the Town the flexibility to review the costs against the current budget and modify the improvements as necessary to accommodate the current budget. The quotes will be made available at the June Board Meeting.
4. 2020 Storm Sewer Cleaning: The Board had awarded the 2020 Storm Sewer Cleaning contract to
American Vacuum Excavating at the March Board Meeting. The storm sewer cleaning has been completed within areas on the attached map.
Following the 2020 Annual Road Tour, staff requested a quote from American Vacuum Excavating to complete additional storm sewer cleanings at the following locations:
• 130th Street cul-de-sac (from cul-de-sac to Big Carnelian)
• Northbrook Avenue
Board Action – Consider approving final payment to American Vacuum Excavating in the amount of $1,950 for the storm sewer cleaning as identified in the original contract documents. Board Action – Consider approving contract to American Vacuum Excavating in the amount of $875 for the additional storm sewer cleaning as identified in the 2020 Spring Road Tour.
5. 2020 Street Sweeping: During the 2020 Annual Road Tour, 130th Street Lane was identified as needing
to be swept. This roadway was part of the original quote provided by Allied Blacktop Co. but was missed during initial sweeping operations. Allied Blacktop Co. completed the missed sweeping on Tuesday, May 26th. No additional sweepings were identified during the 2020 Annual Road Tour.
6. Ozark Avenue and Ozark Court Storm Structure Repairs: The Board had awarded the Ozark Avenue and Ozark Court Storm Structure Repairs contract to Fuhr Trenching at the May Board Meeting. The repairs are scheduled to be completed the week of June 8th, weather permitting.
7. 2020 Calcium Chloride Application: The Board had awarded the 2020 Calcium Chloride Application contract to Northern Salt at the April Board Meeting. The spring application was completed May 11th and May 12th. Following the initial application on May 11th, Staff and Board members expressed concern regarding the application being too light. In past years, with the same application rate specified as 0.25 gals / SY, the gravel roads appeared damp and dark across their whole width, but this year there were light places on many roads after the application and some places had the appearance of “droplets” (photos attached). Staff along with Board Chair Voedisch met with Northern Salt on May 12th to discuss the application. Northern Salt indicated they stand behind the application and the future rains would help “activate” the calcium chloride. They agreed to only be paid for the cost of material and labor initially, no profit, to allow the Town to monitor the performance of the calcium chloride.
The original quote received from Northern Salt was for $0.947/gallon to apply 70,000 gallons. The invoiced amount received from Northern Salt was $0.89/gallon ($0.85/gallon for cost of material and $0.04/gallon for labor) to apply 67,760 gallons. The total invoiced amount from Northern Salt was $60,446.40. The remaining $3,862.32 ($0.057/gallon profit) was withheld from the initial invoice.
Board Chair Voedisch reviewed the roads 10 days following the application and found the roads to still show patches of “light” gravel (not the darker, saturated look as in previous years) and dust was starting to kick up behind his vehicle as he drove some of the roads. He now reports more dust June 1, just 3 weeks after application. Voedisch will review the roads again prior to the Thursday Board meeting. Board Action – After further review of the performance this week, the Board will consider any retainage at its meeting Thursday.
Engineering Staff Report – June 2020 June 2, 2020 Page 3
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8. 2020 Gravel Application: The Board had awarded the 2020 Gravel Application contract to Miller Excavating at the May Board Meeting. The gravel delivery has not been scheduled and is anticipated to be completed in July before the second dust control application.
Calcium Chloride Application Photos
Engineering Staff Report – June 2020 June 2, 2020 Page 4
C:\Users\towno\OneDrive\Documents\Engineer\2020\015230-000 DSN 052720 Staff Report - JuneBoard Meeting.docx
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PavedGravelPrivateCounty RoadsState HighwaysTownship Boundary
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $475.00 $1,200.00
2 Sawcut, remove asphalt, match existing pavement section
(apply bituminous tack coat between lifts and install in 2
lifts - assume existing 3.5" pavement), campact with rollerLUMP SUM 1 $1,800 $4,825.00
TOTAL AREA 1: NORTHRIDGE AVENUE QUOTE $2,275.00 $6,025.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $700.00 $1,811.00
TOTALAREA 2: PAUL COURT QUOTE $700.00 $1,811.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $4,460.00 $24,681.00
TOTAL AREA 3: OSTLUND TRAIL QUOTE $4,460.00 $24,681.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $1,000.00 $2,000.00
2 Sawcut, remove asphalt, match existing pavement section
(apply bituminous tack coat between lifts and install in 2
lifts - assume existing 3.5" pavement), campact with rollerLUMP SUM 1 $2,800.00 $5,173.00
TOTAL AREA 4: OZARK AVENUE QUOTE $3,800.00 $7,173.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $700.00 $2,500.00
2 Sawcut, remove asphalt, match existing pavement section
(apply bituminous tack coat between lifts and install in 2
lifts - assume existing 3.5" pavement), campact with rollerLUMP SUM 1 $1,950.00 $5,434.00
TOTALAREA 5: PARAGON AVENUE QUOTE $2,650.00 $7,934.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $700.00 $4,581.00
TOTAL AREA 6: PANORAMA AVENUE AND 130TH STREET QUOTE $700.00 $4,581.00
AREA 1: NORTHRIDGE AVENUE (170TH STREET THEOUGH CUL-DE-SAC)
AREA 2: PAUL COURT (NASON HILL ROAD THROUGH CUL-DE-SAC)
AREA 3: OSTLUND TRAIL (EAST GRAVEL TO OLDFIELD ROAD)
AREA 4: OZARK (SQUARE LAKE TRAIL THROUGH DUL-DE-SAC)
AREA 5: PARAGON AVENUE (SQUARE LAKE TRAIL THROUGH CUL-DE-SAC)
AREA 6: PANORAMA AVENUE (130TH STREET TO GRAVEL) AND 130TH STREET (PANORAMA AVENUE THROUGH CUL-DE-SAC (NORTH END))
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $1,800.00 $1,250.00
2 Sawcut, remove asphalt, match existing pavement section
(apply bituminous tack coat between lifts and install in 2
lifts - assume existing 3.5" pavement), campact with rollerLUMP SUM 1 $4,500.00 $6,515.00
TOTAL AREA 7: PARTRIDGE COURT QUOTE $6,300.00 $7,765.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $840.00 $4,916.00
TOTAL AREA 8: 122ND STREET QUOTE $840.00 $4,916.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $840.00 $5,735.00
TOTAL AREA 9: PARIS AVENUE QUOTE $840.00 $5,735.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $600.00 $1,200.00
TOTAL AREA 10: PARADE AVENUE QUOTE $600.00 $1,200.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $250.00 $1,200.00
TOTAL AREA 11: 124TH STREET QUOTE $250.00 $1,200.00
No. Item Units Qty TA Schifsky Unit Price Allied Blacktop Unit Price
1 Misc locations: clean existing potholes, apply tack coat,
install bituminous pavement patch, compact with roller LUMP SUM 1 $550.00 $1,200.00
2 Sawcut, remove asphalt, match existing pavement section
(apply bituminous tack coat between lifts and install in 2
lifts - assume existing 3.5" pavement), campact with rollerLUMP SUM 1 $850.00 $3,701.00
TOTAL AREA 12: 121ST STREET QUOTE $1,400.00 $4,901.00
TOTAL 2020 POTHOLE REPAIRS $24,815.00 $77,922.00
AREA 12: 121ST STREET (MANNING TRAIL TO GRAVEL)
AREA 7: PARTRIDGE COURT (PARTRIDGE ROAD THROUGH CUL-DE-SAC)
AREA 8: 122ND STREET (PARTRIDGE ROAD TO PARADE AVENUE)
AREA 9: PARIS AVENUE (122ND STREET THROUGH CUL-DE-SAC)
AREA 10: PARADE AVENUE (122ND STREET THROUGH CUL-DE-SAC (SOUTH END))
AREA 11: 124TH STREET (MANNING TRAIL TO LOCKRIDGE AVENUE)
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PavedGravelPrivateCounty RoadsState HighwaysTownship Boundary
PANORAMA AVENUE
130TH STREET
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N O R T H W E S T A S S O C I A T E D C O N S U L T A N T S , I N C . __________________________________________________________________ 4 15 0 O l so n Me mor ia l H ighway , S t e . 320 , Go lde n V a l le y , MN 5 5 42 2
T e le p ho ne : 7 6 3 .9 5 7 . 1 1 0 0 W e b s i t e : w w w . na c p l a nn i n g . c o m
PLANNING MEMO To: Town of May Board Chair and Supervisors From: Nate Sparks, Town Planner Date: May 29, 2020 Re: Friedheim Kennel Application Background Annette Friedheim has made an application for a private kennel at 16740 Norell Avenue. She has four dogs of her own and then also intends to keep “foster dogs” awaiting adoption. She has stated that she intends to have two of these dogs. At the previous Board meeting, there was discussion about a “streamlined approach” to processing some private kennel permits. Proposed ordinance language related to that has been prepared. Kennel Operations The Town Code allows properties to have up to three dogs. Anything more than three is only allowed as a “kennel.” The Code has two types of kennels listed: private and small business. Private kennels are defined as: Kennel, Private. Means any place where four (4) or more dogs over six (6) months of age are kept primarily for personal companionship, for recreational use or for performance events in addition to the purpose of improving the physical soundness and temperament of such dogs, and where the breeding and selling of animals is incidental to the occupancy of the premises for residential purposes. Small business kennels are defined as: Kennel, Small Business. Means any place where four (4) or more dogs over six (6) months of age are bred and/or sold for re-sale, individually, or in litter lots, whether or not any of these animals are also kept for personal use. Small Business Kennels are also places where dogs are boarded, groomed, or trained for a fee. The operation of a Small Business Kennel is secondary or incidental to the occupancy of the premises for residential purposes. Both types of kennels require an interim use permit. Additionally, the small business kennel requires a small business permit, which can only be granted to properties greater than 10 acres in size.
The interim use permit for a private kennel requires an application fee of $100 with an escrow of $100. Then there is a $25 annual fee. The small business kennel interim use permit requires a $100 fee with a $1,200 escrow. There is a $500 annual fee. Both private kennels and small business kennels require the Town to hold a public hearing at the Planning Commission and approve a resolution. Applicant’s Proposal The proposal that the applicant is seeking is to exceed the number of allowed dogs for personal companionship, she has four, as well as taking in “foster dogs.” “Fostering” dogs isn’t a technical term defined by the Code or State Statutes. It is generally considered to be temporarily housing a dog that is awaiting adoption from an animal shelter. The applicant’s application was deemed incomplete as it lacked the required information required by the Town Code for consideration. The applicant was asked to provide a clear narrative of the proposed use including the number of dogs. She has stated that she intends to have her four dogs plus up to two dogs from a shelter. She states that the dogs from the shelter will be picked up, returned, or given to a new family all by her and all off-site. No other people will be visiting the site. Staff Analysis The Town Board should discuss whether the temporary housing of dogs in excess of the allowed numbers on behalf of an animal shelter or other such non-profit is technically qualified as a “private kennel.” It could be viewed as a type of dog boarding, which is not permitted as a private kennel. The applicant would not qualify for the small business permit, as she has less than 5 acres of property. Draft ordinance language has been prepared for two scenarios. First, there is language that is related to creating a “limited private kennel.” This would allow for a private kennel without the need for an interim use permit. This would only be for people with 4-6 dogs and would still require Town Board approval. The property would be required to have 2.5 acres. A second option is to adopt an ordinance that allows for a “limited small business kennel” where a small business kennel may operate on property less than 10 acres in size. The proposal is that the property could have 4-6 dogs as part of a small business with only 2.5 acres. Requested Action The Town Board should first determine whether a “private kennel” could include a person who is fostering dogs.
If so, then the Town Board should determine if there is a desire to allow for a limited private kennel permit for 4-6 dogs. There would be no public hearing and no interim use permit. This would be just a permit issued by the Board. If not, the Town Board should determine if there is a desire to allow small business kennels with 4-6 dogs on property less than 10 acres in size. This would require a public hearing and an interim use permit. The Planning Commission would need to review the ordinance and hold a public hearing. If the Board is not interested in the ordinance amendments and considers the use to be commercial in nature and not qualify for a small business permit, the applicant should be made aware of that. If the Board is not interested in the ordinance amendments and considers the use to qualify as a private kennel, the application should be forwarded to the Planning Commission. If the Board is concerned that the cost of reviewing the application will be too great, it should be noted that if an applicant goes over the escrow, they may be sent a bill for the overage. Otherwise, a supplemental deposit could be requested from the applicant. Staff Recommendation It is recommended that the use be considered a private kennel and the application be forwarded to the Planning Commission for review and a public hearing under the current ordinance. If this action is unacceptable to the Board, one the following other options should be considered:
1. Alternative Option 1. Move towards adopting the limited private kennel ordinance and prepare a permit based on this new ordinance. This would result in no public hearing and no visit to the Planning Commission with the Board reviewing the proposal.
2. Alternative Option 2. Move towards adopting the limited small business kennel ordinance which would allow a small business on her property and proceed to the Planning Commission for adoption of this new ordinance. The Town would review the proposed permit concurrently. This allows for commercial kennels on lots less than 10 acres in size with 6 or less dogs.
3. Alternative Option 3. No new ordinances are to be considered and advise the applicant that the kennel is considered a small business and that she is not eligible for such consideration. She may still proceed as a private kennel for her personal dogs (4 total).
It would appear that the following conditions would be needed on any approved permit:
1. The applicant may have up to six dogs. 2. Four dogs are permitted for personal companionship. 3. Up to two dogs may be “foster dogs” associated with an animal shelter. 4. There may be no visitors to the site related to the foster dogs. 5. All waste outdoors shall be disposed of daily and not allowed to accumulate. 6. All exterior areas for the dogs shall be fenced. 7. Conditions shall remain in conformance with Article 501 of the Town Code at all times. 8. Any violations of these terms may result in revocation of the permit.
OPTION 1: LIMITED PRIVATE KENNEL ORDINANCE Section 501.14: Kennels; Interim Use Permit Required It shall be unlawful to operate any kennel unless an Interim Use Permit, with such permit designating a limit as to the number of dogs, to operate the same has been secured from the Town Board in advance. A Small Business Permit shall also be required for a Small Business Kennel prior to its establishment or operation. Any kennel not meeting the definitions herein is strictly prohibited. A. It shall be unlawful to operate any kennel unless an Interim Use Permit, with such permit designating a limit as to the number of dogs, to operate the same has been secured from the Town Board in advance. A Small Business Permit shall also be required for a Small Business Kennel prior to its establishment or operation. Any kennel not meeting the definitions herein is strictly prohibited. B. A private kennel that has between 4 and 6 dogs may be approved as a Limited Private Kennel upon the granting of a permit by the Town Board. Such permits are subject to the following requirements:
1. Limited private kennel permits shall specify any restrictions, limitations, conditions or prohibitions which the Town Board deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, annoyance, or to protect the public health or safety.
2. There shall be a fenced yard and/or proper dog enclosures present to prevent the running at large or escape of dogs confined therein.
3. The site shall be a minimum of 2.5 acres. 4. Operators of limited private kennels must remove all dog feces, on a daily basis, from
all enclosed dog runs or kennels, and must remove, on a daily basis, any accumulations of dog feces which are visible from any location outside the borders of that person's property.
5. A limited private kennel permit may be modified from time to time by the Town Board for failure to conform to required restrictions, limitations or prohibitions.
6. The Town Board may revoke a permit for violations of the terms of the permit or the Town Code. The operator of the limited kennel shall be given ten (10) days notice prior to the Town Board taking such action.
Proposed Fee: $100 Proposed Escrow: $600 Annual Fee: $35
OPTION 2: LIMITED SMALL BUSINESS KENNEL ORDINANCE Section 501.14: Kennels; Interim Use Permit Required It shall be unlawful to operate any kennel unless an Interim Use Permit, with such permit designating a limit as to the number of dogs, to operate the same has been secured from the Town Board in advance. A Small Business Permit shall also be required for a Small Business Kennel prior to its establishment or operation. Any kennel not meeting the definitions herein is strictly prohibited. A. It shall be unlawful to operate any kennel unless an Interim Use Permit, with such permit designating a limit as to the number of dogs, to operate the same has been secured from the Town Board in advance. A Small Business Permit shall also be required for a Small Business Kennel prior to its establishment or operation. Any kennel not meeting the definitions herein is strictly prohibited. B. A small business kennel that has between 4 and 6 dogs may be approved as a Limited Small Business Kennel and may operate on 2.5 acres of land rather than the required 10 acres for a small business permit. The procedure and review standards shall otherwise remain the same. Proposed Fee: $100 Proposed Escrow: $900 Annual Permit: $100
From: Annette FriedheimTo: Nate SparksSubject: Land Use ApplicationDate: Monday, May 04, 2020 5:33:43 PM
Mr. Sparks,
With regard to the questions I received from you:
1. Annette Louise Friedheim. Current address 633 2nd Ave NW New Brighton, MN 55112
2. Property ID: 0903120110002 16740 Norell Ave N. Marine on St Croix
3 & 4. A site plan has been filed with the permit application including specifications for the house, garage, septic,well, driveway, lakefront & wetland
5. The proposed number of dogs is 6
6 & 7. The dogs will be kept in the home with access to a fenced yard
8. There will be no visitors specifically with regard to the dogs. All adoption visits will be done at another location
9. I have 4 dogs of my own that are pets. I may foster 1-2 dogs at any given time. I foster adult dogs, generally>5yr old. Most have been rescued from high kill shelters or from abandonment situations. I keep them in my homeas pets until they find a forever home with an adoptive family. In many cases I care for them following surgicalprocedures until they are sufficiently recovered & ready for adoption. I do not breed, sell, board, groom or traindogs. They are strictly family pets.
Thank you
Annette Friedheim
From: Annette FriedheimTo: Nate SparksSubject: Re: Kennel ApplicationDate: Saturday, April 25, 2020 7:58:51 AM
Hi Mr. Sparks,
Sorry the application was incomplete.
I am a foster for Midwest Animal Rescue. Most of the dogs come from shelters around the country. I amresponsible for evaluating, training & socializing dogs in preparation for their adoption as a family pet. The dogswill always be kept in my home with access to a fenced yard. I generally keep the dogs until they are adopted,unless they are moved to another foster home. Typically I take the dogs to meet potential adopting families,however occasionally a family might come to my home to meet a dog. I would never have more than 10 dogs at anygiven time.
Hope this is what you need.
Let me know if you have any questions
Thank you, Annette
> On Apr 24, 2020, at 7:21 PM, Nate Sparks <[email protected]> wrote:>> Annette,>> The Town is in receipt of your private kennel application. However, there is required information to be submittedthat appears to have been omitted. >> We need a clear narrative describing the number of dogs you are seeking to keep and the purpose of the keeping ofthe dogs. You mentioned "fostering" dogs. Are you affiliated with an organization? Are you a member of a non-profit institution? Where do the dogs come from? Where are you proposing on keeping the dogs? How long areyou keeping the dogs? Are people coming to the house to take the dogs? How many visitors do you intend tohave? Will there be dogs with potential problems and issues at your kennel?>> The form also states that a site plan is needed. This site plan should be showing clearly where the dogs will bekept.>> There are minimum requirements prior to consideration of the request.>> Let me know if you have any questions.>> Nate Sparks> Town Planner> May Township> (651) 726-7297
From: AnnetteTo: Nate SparksSubject: Site planDate: Tuesday, May 26, 2020 8:00:57 AM
Hi Nate. I have sent 2 emails with 3 pictures. One shows the house & fence plan. The other 2 are of the property with wetland designations. There will not be an outdoor kennel as the dogs will not be kept outside.
Annette
Sent from my iPhone
From: AnnetteTo: Nate SparksSubject: IMG_3253.jpgDate: Tuesday, May 26, 2020 7:57:50 AM
Sent from my iPhone
TOWN OF MAY
Washington County, Minnesota
Ordinance 2020-02
AN ORDINANCE AMENDING TOWN CODE SECTION 501.14 RELATED TO
LIMITED PRIVAT KENNELS
THE TOWN BOARD OF THE TOWN OF MAY, WASHINGTON COUNTY,
MINNESOTA DOES ORDAIN:
Section 1. Code Amended. Section 501.14 is hereby amended to read as follows:
Section 501.14: Kennels; Interim Use Permit Required
A. It shall be unlawful to operate any kennel unless an Interim Use Permit, with such
permit designating a limit as to the number of dogs, to operate the same has been secured
from the Town Board in advance. A Small Business Permit shall also be required for a
Small Business Kennel prior to its establishment or operation. Any kennel not meeting
the definitions herein is strictly prohibited.
B. A private kennel that has between 4 and 6 dogs may be approved as a Limited
Private Kennel upon the granting of a permit by the Town Board. Such permits are
subject to the following requirements:
1. Limited private kennel permits shall specify any restrictions, limitations,
conditions or prohibitions which the Town Board deems reasonably necessary to protect
any person or neighboring use from unsanitary conditions, unreasonable noise or odors,
annoyance, or to protect the public health or safety.
2. There shall be a fenced yard and/or proper dog enclosures present to
prevent the running at large or escape of dogs confined therein.
3. The site shall be a minimum of 2.5 acres.
4. Operators of limited private kennels must remove all dog feces, on a daily
basis, from all enclosed dog runs or kennels, and must remove, on a daily basis, any
accumulations of dog feces which are visible from any location outside the borders of
that person's property.
5. A limited private kennel permit may be modified from time to time by the
Town Board for failure to conform to required restrictions, limitations or prohibitions.
6. The Town Board may revoke a permit for violations of the terms of the
permit or the Town Code. The operator of the limited kennel shall be given ten (10) days
notice prior to the Town Board taking such action.
Section 2. Code Amended. Section 1301.05 is hereby amended to include the
following fees:
Permits Annual Renewal
Limited Private Kennel: $35
Limited Private Kennel Application Fee: $100
Escrow: $600
Section 3. Effective Date.
This ordinance shall be in full force and effect from and after its passage and publication
according to law.
Section 4. Severability.
If any part of this ordinance is held invalid by a court of competent jurisdiction, this shall
not invalidate any other section, provision or part thereof.
BY ROLL CALL VOTE OF THE MAY TOWN BOARD: ADAMS ______,
PAZLAR _____, VOEDISCH _____, THIS ORDINANCE IS ADOPTED /
NOT ADOPTED THIS ___ DAY OF _____, 2020.
___________________________________ ________________________________
Attest: Linda Tibbetts. Clerk-Treasurer Bill Voedisch, Chair
TOWN OF MAY
WASHINGTON COUNTY, MINNESOTA
INTERIM USE PERMIT
FOR A SMALL BUSINESS
Date: ________________, 2020
Washington County Plat/Parcel No.: 27.031.20.14.0004
Street Address of Subject Property: 14185 Square Lake Trail North
Stillwater, MN 55082
Legal Description: Section 27 Township 031 Range 020 THAT PT OF E1/2-
NE1/4 LYING SELY OF C/L CO RD 7 AS DESC IN
DOC #260894.
Owners: Thomas Minser and Jessica Minser
Present Zoning District: Rural Residential
Permitted Uses Set Forth in May Town Code Article 402.
I. INTERIM USE PERMIT FOR: The Town of May received a request from Thomas Minser
and Jessica Minser (the “Owners”) for an Interim Use Permit to operate a small business
on a 17 acres property in the Rural Residential District at 14185 Square Lake Trail North,
Stillwater, MN 55082 (the “Property”).
All uses shall be subject to the following conditions and/or restrictions imposed by the May
Town Board.
A Site Plan is attached as Exhibit A and is referred herein.
General Description. An Interim Use Permit to operate a small business for distributing bees that
have been previously purchased.
II. ADDITIONAL RESTRICTIONS AND PROVISIONS
In addition to all of the requirements of Town of May Ordinances and any subsequent
direction of the May Town Board and any applicable County, regional or State
requirements, the property is also subject to the additional restrictions and provisions
specified herein.
A. Activities shall be limited to provision of seasonal “Sales” to Customers who have
bought remotely and are arriving only to pick up previously placed orders.
2
B. “Sales” shall be limited to the pickup of previously purchased bees, and no random or
spontaneous walk-up/drive-up sales are allowed.
C. No business activity is permitted between the hours 10:00 p.m. and 7:00 a.m. on any
day of the week.
D. No more than one-hundred fifty (150) individual vehicles may visit the site per day
during the Sales events. The direction, if any, of the Washington County Sheriff shall
be followed concerning traffic management and no traffic hazard or roadside vehicle
stacking shall be permitted. The Permittee shall follow the reasonable direction of the
Township concerning traffic management.
E. Only pre-paid orders shall be permitted as Sales. No walk-up sales or general retail on-
site offerings or viewings or availability to the public is allowed.
F. Sales events are limited to three days in length and no more than two per year.
G. The use and related business activities may only occur in the existing buildings and
adjacent grounds identified on the approved Site Plan at Exhibit A. Bees delivered to
the site shall be stored in the building marked “Bee Storage”. During sales events bees
will be staged for pickup into the building marked “Bee Distribution.” Customers will
drive to the “Bee Distribution” building where their previously purchased bees will be
placed in their vehicle.
H. All signage shall adhere to the provisions of both the Town’s Small Business Ordinance
Article 402 and the Town’s Sign Regulations, Chapter 10.
I. Exterior lighting shall not be added to the property without an approval and amendment
to this permit. Storage of materials and equipment shall be limited to interior spaces
of existing (at the time of this permit’s first issuance) structures. No trailers, storage
boxes, containers or other object or structure or display shall be placed upon the site or
used without express written approval and amendment to this permit.
J. The Owners shall submit an annual report to the Town identifying with accuracy and
particularity the dates of the events, number of vehicles that visited the site each day,
number and type of items sold, and the number of days the Sales event(s) took place.
K. Vehicle Management. Bees and other business items shall only be delivered to the
“Bee Storage” building. In no case will delivery trucks be parked and unloaded on the
public road or road right-of-way. Customer pickup will occur at the “Bee Distribution”
building. Owners will not allow customer vehicles to queue on the public road or road
right-of-way. The Site Plan at Exhibit A shows the allowable driving pattern for
vehicles picking up bees.
L. The Owners intend to and are permitted to sell a limited amount of bee food (food for
bees) in association with the packages of bees, but no other sales of goods are permitted.
No food or food products for human consumption may be sold or offered for sale.
3
Owners may utilize employees and/or volunteers during sales events, not to exceed the
limit established in the Town’s Small Business Ordinance, Article 402.
M. The Small Business is subject to routine periodic inspection for compliance with the
Interim Use Permit and the Town Code.
N. If there are changes in the operation that differ from what is expressly provided in the
Interim Use Permit, it is prohibited unless and until an amendment to the Interim Use
Permit is issued.
O. Noncompliance with the conditions identified in this permit shall result in its
revocation.
P. This permit shall terminate, without further action by the Town, in three years from the
date of its signature by the Town below. If this permit is not thereafter renewed, then
the uses described herein shall be terminated and not continued by Owners. No
purported amendment or extension is valid or permitted unless expressly stated herein,
or in a successor permit made for that express purpose.
III. REVIEW
Town of May’s periodic review of this Interim Use Permit is imposed as a condition of its
grant. This Interim Use Permit shall be reviewed annually. This Permit shall continue in
force and effect provided its terms and the Town Code are fully complied with.
IV. INTERPRETATION.
Any use, activity, or operation not expressly permitted by the terms of this Permit is
prohibited.
V. VIOLATION.
If a violation of this Permit or Town or other Ordinances is found by the Town, it shall
mail written notice of the violation to Owners at the following address: 14185 Square Lake
Trail North, Stillwater, Minnesota, and Owners shall have sixty (60) days from the date of
the mailing to cure the violation and, if not, the Town may take any action including, but
not limited to, action which is necessary to insure compliance with or revoke or not renew
this Permit. All costs which the Township incurs in connection with any violation or
administration of this permit, including reasonable attorney fees shall be paid for by the
Permittee.
VI. RENEWAL FEE.
The Owners shall pay a Permit Renewal Fee as required by Town Ordinances in effect at
any time to defray renewal or inspection expenses.
VII. TRANSFERABILITY.
This permit shall not be assignable or transferable to other individuals or properties or
owners and is issued and issuable only in the names of Thomas and Jessica Minser.
4
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
TOWN OF MAY
By: __________________________________ By: ________________________________
Bill Voedisch Linda Tibbetts
Board Chair Clerk/Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this ___ day of _____________, 2020, before me, a Notary Public, personally appeared
Bill Voedisch, the Board Chair of the Town of May, a Minnesota township within the State of
Minnesota, and that said instrument was signed on behalf of the Town of May, and Bill Voedisch
acknowledges said instrument to be the free act and deed of said Town of May.
__________________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this ___ day of _____________, 2020, before me, a Notary Public, personally appeared
Linda Tibbetts, the Town Clerk/Treasurer of the Town of May, a Minnesota township within the
State of Minnesota, and that said instrument was signed on behalf of the Town of May, and Linda
Tibbetts acknowledges said instrument to be the free act and deed of said Town of May.
__________________________________________
Notary Public
5
OWNERS
___________________________________
Thomas Minser
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _______ day of ________________, 2020, before me, a Notary Public, within and
for said County and State, personally appeared Thomas Minser, to me personally known, who,
being by me duly sworn did say that he is the owner of the residence located at 14185 Square Lake
Trail North, Stillwater, MN 55082, and that he acknowledged said instrument to be his free act
and deed.
__________________________________________
Notary Public
___________________________________
Jessica Minser
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _______ day of ________________, 2020, before me, a Notary Public, within and
for said County and State, personally appeared Jessica Minser, to me personally known, who,
being by me duly sworn did say that she is the owner of the residence located at 14185 Square
Lake Trail North, Stillwater, MN 55082, and that she acknowledged said instrument to be her free
act and deed.
__________________________________________
Notary Public
DRAFTED BY:
David K. Snyder (#251392)
Johnson / Turner Legal
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
Phone: 651-464-7292
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