*** Next TCPA Executive Meeting is Wednesday, November 8, 2000 at 7:20 pm at Peoples Coop Bldg.


TOWNSHIP COOPERATIVE PLANNING ASSOCIATION


Minutes of the October 11,2000 Meeting



Present: Townboard members Dave McGuire, Jim Bier, Jim Ptacek, Leola Rud, Marian Bateman, Arlen Heathman, Lenny Laures, Fred Daly, Dave Hildebrandt, Rick Bamlet, Don Guderian, Tony Ebert, Brenda Dicken, John Connelly, Butch Espey, Ernie Wright, Gary Hoffman, Jim Burnap, Terry King, Administrators Roger Ihrke and Gary Pedersen and guests Jim Norman, Mike Gordon and Dave Patterson

Chairman Tony Ebert opened the meeting. Motion by Don G/Jim B. to approve the minutes as written by Betsy Kleinwort, acting Secretary.

FINANCE REPORT

Roger presented the report showing a month T-D profit of $1906.27 and a YTD profit of $20,918.42. Motion by Jim B./Brenda D. to add $500 to petty cash. Roger also reported a YTD total of 352 permit applications representing $103,923.68 in fees. Motion by Jim B./Don G. to approve the finance report.



OLD BUSINESS

County Septic Ordinance -The County is still working on revisions to their ordinance. Roger said the county needs to precisely define a "failing system" and a "non-conforming" system. County staff is attempting to make the Environmental Commission a decision-making body instead of an advisory body on septic and well issues.



DM&E

Marian Bateman reported on the County Board meeting where the Citizen's Against the By-Pass was denied their request for $25,000 to oppose the by-pass with very little discussion. The Board claims to be "not in favor of a by-pass" but Jim Ptacek said their refusal of funds to fight it was discrimination. Terry King announced a DM&E public meeting on Oct. 19 at Stewartville High School. Terry also said the legal fees to fight the by-pass would run into the thousands so fund- raisers are being planned.



CMS TURNAROUND TIME

Tony reported complaints about slow service from CMS on inspections which Gary has forwarded to Jay Kruger. Dave Hildebrandt will meet with CMS to address slow and erratic service. Gary said a third inspector has been hired which hopefully will solve the problem.



CASCADE TWP-COUNTY BOARD PLANNING & ZONING ISSUES

Cascade Townboard members and developer Dave Patterson discussed proposed commercial/residential development in Cascade Twp. The Townboard has approved the plats and needs only the septic and well permits. The City of Rochester is fighting the development through the County Board and insists it should be in the City on City sewer and water. Several meetings with City, County, Township and attorneys have resulted in an impasse. In the meantime, county planning staff are trying to change permitting policies to take away some of the planning and zoning authority of TCPA member townships. Because City/County actions on this issue are posing a threat to our authority and therefore our ability to serve the needs of our residents, Tony proposed the adoption of two new resolutions.



RESOLUTIONS

Tony and Roger explained that after consultation with attorneys John Dooley (MATS), Ken Moen, (Cascade Twp ), and Christopher Dietzen (Dave Patteson) they are recommending that TCPA members adopt by resolution, the powers granted under MN statutes 394.32 and 394.33. These statutes grant municipal authority to townships to adopt independent powers of planning and zoning. They further recommended that we all also adopt resolutions rescinding our special district agreement with the County. Roger pointed out that the only way this strategy will work is if we all agree to pass both resolutions and act as soon as possible. Motion was made by Jim B./Don G to hold a special TCPA meeting plus special individual Townbaord meetings on Monday, October 23, 2000 at 8:00 pm at People's Coop Services Bldg. Roger said he would help twps post proper notices.



OTHER BUSINESS

Brenda reported that she talked to Paul Myhrom, candidate for City Council, and handed out his statement criticizing the City's position on an annexation issue in Rochester Township.



Meeting was adjourned at 9:35 pm.
Respectfully submitted,

Brenda Dicken, Secretary


SPECIAL TCPA MEETING, MONDAY, OCT. 23,2000 Minutes

Tony Ebert opened the Special TCPA meeting at 8:10 pm. Those attending were a majority of the Townboard members of each of the 11 full members and 2 auxiliary members of TCPA.

Tony addressed the membership with the reasons for the meeting and what we want to accomplish. He reminded us that TCPA was formed to bring planning and zoning decision making to the townships because we know our land and our people better than anyone else. Recent attempts by the consolidated Planning Department to undermine our decision-making authority plus constant 4:3 decisions by the County Board in favor of the City of Rochester at the expense of the townships has led us to the next logical step in the process of exercising our own planning and zoning authority. Tony proposed that each township sign two resolutions: one was asking to be treated like a municipality giving us exclusive rights to planning and zoning within our own jurisdictions under Chapter 394.32 and 394.33 of Minnesota Statutes, the second, was to rescind our special district cooperative agreements with Olmsted County.

John Dooley, attorney for MATS, explained some of the implications of Chapter 394. A township would still have to be ''as strict or stricter" than County "standards' which are different from "official controls" or regulations. A township could depart from County controls or regulations as long as it met the same standards. If the County imposes new more restrictive controls are they changing the standards they are trying to achieve and are those new standards reasonable? The County will not be able to extend the urban service area. He reminded us that if there is a legal challenge to one of the townships as a result of these resolutions, our errors and omissions insurance will cover us, but whoever is assigned to the case should consult with John and Ken Moen.

Ken Moen, speaking as attorney for TCPA. told us the cooperative agreements we originally signed with the County forced us to give up rights we did not have to give up and legally we ought to be rid of them. He stated that we have no real County Board because of constant 4:3 votes against township requests and issues. At 8:55 pm the TCPA meeting was suspended and each Townboard either convened a special town meeting or continued its monthly meeting in order to vote on passage of the two above mentioned resolutions. At 9:45 pm the TCPA meeting was reconvened. All of the full TCPA members adopted the resolutions. Tony announced that he would deliver copies of the resolutions to the County the following morning, Tuesday, October 24, 2000.

Meeting was adjourned at 9:48 pm.
Respectfully submitted,


Brenda Dicken, Secretary