MP10-34                                                        
Maine Prairie Special Meeting
June 25, 2010
 
Chair Wicker opened the meeting at 9:30 a.m. with the pledge to the flag. 
 
Town Board members present: Supervisors John Wicker, Dennis Loewen, Ronald Kuechle, Clerk Terre Harff, and lawyer Troy Gilchrist.
 
Orderly Annexation – Things to look at are laying out rules, look at the long range, defined areas and file it with the state.  First is to define the area and then what triggers the annexation.  This could be anything from a business coming into town, petition from a land owner, by agreement from both entities or meeting a specific requirement.
 
Create zones within parameter of the city; meet with city to see if they have an industrial, residential or recreational need. 
 
Questions were: can the township require services before annexation, can percent of occupancy be required, and can the township protect the residents from unwanted annexation with reduced taxes.  The answer was yes to all. 
 
It was explained that the township is looking at including land North of Hwy 15 and East and West of Hwy 55.  Zoning for the area is important because the city does not work well dealing with feed lots, the agriculture smells and noises are not liked by city folk. 
 
Gilchrist stated that it is most important to make the trigger point as clear as possible explaining the conditions, need and service.  Get specific information before an agreement is reached and make sure a notice is given in advance.  Making the land contiguous to other areas is an important issue.   Roads are important in the decision, annexing up to a road, does it become a line road or entirely a city road, which entity is in charge of maintenance, if the township feels the city needs to be responsible for it, that needs to be stated as a term in the agreement.
 
Providing Services – Does the city need to provide services immediately, Gilchrist stated that the township can maintain 100% of the taxes until all services are provided or a portion until a deadline is set when services will be provided. 
 
Some townships have joint powers between entities.  Boards are set up with equal membership to work through issues of boundary areas.  Limit subdivisions, can’t extend subdivision annexation. 
 
The Process – Cost of survey and legal notices are a shared responsibility.  Usually the city passes a resolution, than that is filed with the state.    If there is an orderly annexation, the state usually follows the steps in the orderly annexation.  It is not required, but a good idea to inform the public in an open forum.
 
Pheasant Hunting Preserve – Gilchrist felt the interim use permit is a good idea but steps need to be taken with the county so the township can issue the interim use permits over the conditional use permit.  Gilchrist explained that the conditions set forth by the county would need to be met but if the township wants to put a time limit on the permit, it makes it a stricter permit so it should be accepted by the county.  Supervisors Wicker/Loewen asked Troy to develop an interim use ordinance for Hunting Clubs and Gravel Pits.  Statute Chaper 87A protects hunting ranges and clubs performance standards. 
 
MP10-35
The township wants to be able to set hours of operation, performance standards, non toxic shells, setbacks, no hunting during nesting season, etc.  The main goal is to protect the health, safety and welfare of the residents.
 
Road Issues – It was explained to Gilchrist that we have a farmer that places their fence up to the road.  He was sent a letter in the spring asking him to not put it so close to the road; a supervisor hand delivered a second letter explaining that it was a safety issue after he put it up on the road.  Gilchrist said that a liability waiver would not be a good idea.  Removing the fence posts are also not a good idea, if his cattle get out it also becomes a liability issue and opens the township up to a law suit.  The best way to deal with it is by working with the land owner as much as possible.  It was stated that next year, Wicker feels the land owner will not have it so close to the road because of the letter was hand delivered by a supervisor. 
 
Supervisor Loewen asked about removing himself from any lawsuit by trying to make a motion to have the fence removed immediately because of safety issue.  Gilchrist felt the township would be sued not each individual board member and the township association would need to defend the board as a whole.  The issue becomes “the right of the landowner”.  Landowners own the land and the township is just given an easement to maintain the land.  
 
A question was asked if the township owned their own gravel pit, is the township required to meet all the same requirements of other gravel pits.  Gilchrist stated they were.   So if there is a moratorium not allowing any more gravel pits until one is closed up, the township will not be able to start up a new pit.
 
Supervisors Wicker/Loewen made a motion to adjourn at 12:00 noon.  Motion carried. 
 
 
Terre Harff
Clerk