The Clear Lake township board held its May meeting Tuesday evening in front of a packed house, as approximately 20 residents from the Sherwood Shores development came to the meeting to hear an update on plans for road construction scheduled for this summer.
Chairman Gary Gray addressed the crowd by having Township Attorney Michael Couri speak about MN State statutes and how they apply to the construction of roadways, right of way issues and general best practices for townships.
Couri explained that because the roadway within the development is platted, state law gives the township board the ultimate authority to determine road dimensions, construction materials and overall plans for the construction and maintenance of the driving surface all the way through the edges of the township held right of ways.
He also noted that his firm represents hundreds of townships within the state and the vast majority assess residents for road upgrades at either 50% or 100% of the cost of road construction.
Clear Lake township, however, has saved for the road construction and has a different policy when it comes to financing roads. Therefore all the roads that are upgraded throughout the township are financed by general fund dollars instead of being assessed to just the affected landowners. This creates a situation where every resident shares in the process and when it comes time for the road in front of their home to be upgraded, they will be afforded the same funding mechanism.
Some of the residents in attendance objected to the inclusion of 3 foot gravel shoulders being part of the project, as they felt it would change the character of their neighborhood. In fact, this seemed to be only issue that many of those in attendance were concerned with overall.
Gray noted that the township constructs all of their roadways in this manner to ensure that the road base is as stable as possible and the asphalt will hold up over the long haul. Roads without shoulders have a tendency to deteriorate faster as the asphalt on the edges cracks quicker under repeated driving pressure.
In response to a question about what would happen if a resident removed the gravel and replace dit with black dirt and grass seed, Couri stated that he would recommend to the board to pay a contractor to replace the gravel and bill the expenditure back to the homeowner.
“The gravel cannot be removed,” Couri said. “There’s a state statute that prohibits that from happening.”
Several other residents in attendance asked the board to reconsider the shoulders and instead look at alternatives for preserving the roadway and allowing them to seed grass right up to the edges of the asphalt.
Township Engineer Terrance Vander Eyk noted that because the contract for the bid has been accepted, there would be significant costs associated with any changes to the construction plans. In addition, changing the gravel structure and providing less support on the shoulder area could turn what the township hopes to be a 25 year roadway into one that lasts several years less.
Couri noted that from a legal standpoint, the board is on solid legal ground and has the sole authority in determining the road plans.
One resident noted that he checked with several engineers, including one from Wisconsin, and he believed there to be other alternatives for shouldering materials.
In response, Eyk provided a detailed description of the entire road construction process, from the road bed materials and reclamation process to the aggregate and stabilizing functions of the shouldering materials and their role in preserving the asphalt. He also discussed drainage concerns, maintenance operations and other integral components of the construction that are enhanced through the use of the sloped shoulders.
Using topsoil, for example, could allow for plantings such as grand to be grown to the edge of the asphalt, but also allows for rutting and damage to occur during snowplowing and other maintenance functions.
Eyk noted that he has been engineering roads for 50 years and following tried and true construction techniques to get the most life out of the roadways.
Gray and Eyk also noted the safety enhancements for pedestrians, bicyclists and even baby strollers by having the shoulder area on the roadway.
Other questions and concerns from the residents included topics such as mailbox placement, driveway replacement, speed limits and the possibility of adding wider asphalt around corners because of the people who cut them short and run onto the shoulder area.
Eyk noted that speed limits are strictly a function of the State of MN and a speed study could be very expensive with little or not chance of seeing a lower limit on the road, while another option would be installing ditches or curb and gutter — both of which would be expensive and did not seem to have support from either the board or the residents.
One resident stated that we live in a democracy and 90% of the residents don’t want shoulders so therefore they should not be installed.
This prompted a response from several in the audience stating that they support the roadway as designed for construction including shoulders and have neighbors who feel the same. In addition, they stated they have traveled similar roads and felt the shoulders would be beneficial.
Gray interjected to provide a history lesson of sorts, dating back to when the road was first slated for replacement in 2017. Since then, the board had held many discussions about the replacement, saved considerable funds and sent letters in January to all affected residents. Several public meetings were scheduled, postponed due to Covid and then held in person and online, but a small percentage of residents turned out to hear the plans.
Gray said that there was a good deal of misinformation spread about the project and that the Township has tried for transparency in every step of the project.
“Never in my wildest dreams would I have thought a three foot shoulder would cause this much inconvenience,” Gray added. “We have put a considerable amount of work into this project — it has been thought out . . . and now at the 11th hour some people are unhappy.”
Resident Craig Lietha noted that he remembers the board did start discussing the issue four years ago, but some people didn’t pay attention or didn’t look in the right place for the information.
Several residents noted that they believe every resident agrees that the road needs to be replaced and they are happy with the project, but would like to see the shoulder issue explored.
Resident Wayne Schluchter spoke in favor of the project and shoulders, noting that it is a public safety issue and that he and many of his neighbors are in support of the project.
“I respect the difference of opinions in this room,” Schluchter said. “Our roads are splendid compared to some surrounding areas and I want to give credit to this board and previous boards for making this a priority.”
Gray brought the public comment portion of the meeting to a close by reiterating the township’s intentions to be responsible stewards of the taxpayer’s money.
“We have not taken this project lightly and we appreciate all of the concerns and research that people have done,” Gray said. “The bottom line is that out of our $460,000 budget, $250,000 will be spent this year on this road and we have a responsibility to do it in the most cost effective way that will get us the most longevity. We tried to be neighborly and reach out along the way, but we have to build the road the right way.”
In Other Business, The Board:
• Listened to Gray report on the past month’s Sheriff’s Office activities, which included 41 traffic stops, 5 traffic complaints, 6 medicals and several unemployment fraud reports;
• Heard from Supervisor Bud Stimmler about the 75 White Pine seedlings that were planted around the perimeter of the park and Town Hall area. Because of the dry conditions, they have been watered every other day;
• Heard from Eyk regarding soil conditioning, landscaping and wildflower seeding that occurred at the Town Hall;
• Heard a report on the spring road tour, noting that several signs have been ordered and tree removal quotes are being obtained;
• Approved an updated letter of support for the Sherco Solar Farm proposal;
• Approved sending a letter of response to the Sherburne County Second Amendment Defenders Coalition regarding their upcoming rally;
• Heard from Gray about construction and expansion plans happening at Guardian Fleet Safety on Highway 24;
• Learned details about eh City of Clearwater and their adoption of a resolution in March that extends their city subdivision ordinance beyond the city limits to adjoining properties within the City of Clear Lake and Clear Lake Township as permitted by statute. The board noted that it would have been within the spirit of neighborliness for Clearwater to inform the surrounding local units of government instead of taking the unilateral actions despite the legality of the measure.
