MINUTES-BRANDON
JOHNSON CARTWAY HEARING-OCTOBER 2, 2019
CALL TO ORDER:
Meeting
called to order at 1 pm by Chair Dave Fornengo. Also present were Supervisor AJ
Fornengo, Clerk Fran Levings, Deputy Clerk Tamara Miritello, Brandon Johnson,
Tracey Johnson, Mark Stutenbeck, Jeff Lindgren, Jeannie Virden, Tom Mangan, Joe
Mangan, John Mangan, Ron
Mosser
and Don Schirmer.
Chair
Fornengo began the meeting by making some comments. He stated that a formal petition for a
Cartway and a bond of $2000 had been filed by Brandon Johnson and accepted by
the town board at its regular October meeting. He further stated that all
public notices had published and posted.
He defined a Cartway as a hybrid between an easement and a town
road.
COMMENTS, QUESTIONS AND DISCUSSION FROM THE FLOOR WITH
THE BOARD:
Mark
Stutenbeck presented a copy of a 1912 Road Order stating that School House Road
going west was a township road and thus it provides access to his
property. Chair Fornengo explained that
MN Statute 541.023 states that if a road has not been maintained by the road
authority (the township) for over 40 years, it is “deemed abandoned” and no
longer a town road. Ron Mosser said he saw a double standard with the township
beginning to maintain Matt Lourey Trail because a property owner asked it to do
so. Chair Fornengo responded that the town has maintained Matt Lourey Trail for
more than one year and did not begin maintenance due to a special request. The township also includes Matt Lourey Trail
on its list of certified roads with Pine County.
Jeannie
Virden asked if the petitioner is responsible for paying for the construction
of the Cartway. Chair Fornengo said
“yes”.
Supervisor
AJ Fornengo stressed that an easement worked out among the property owners is a
more peaceful method of providing access.
Jeff
Lindgren expressed concern about liability- since the road has been abandoned
and the township is not liable, then the private property owners would assume
liability. Chair Fornengo said he will
contact the MN Association of Townships regarding liability.
Chair
Fornengo than exhibited a map on the wall and outlined the Options the town has
in providing access:
Option # 1- School House
Road going west
Option # 2- West of
Little Ox Creek Drive
Option # 3- Heller Road
Option # 4- Coming off
County Hwy 24
Brandon
Johnson stated that he prefers a Cartway that does not cross water. Chair Fornengo responded that the petitioner
would have to work with Pine County Soil & Water to mitigate any wetlands
issues.
Supervisor
Fornengo again urged the participants to begin a discussion of an easement
while he and Chair Fornengo did a “walk through” of the area.
MEETING RECESSED AT 1:50 PM AND WILL RECONVENE AT 4PM
IN ORDER FOR THE CHAIR AND SUPERVISOR TO CONDUCT A ‘WALK-THROUGH’ OF THE
AREA.
MEETING RECONVENED AT 4PM (Jeff Lindgen, Ron Mosser and Don Schirmer were no
longer present.)
Joseph
Mangan said he has an easement on his deed that provides him access to his
property on School House Road west.
Chair Fornengo said he would discuss this deed after he explains the
results of the “walk through”.
Chair
Fornengo said that the supervisors looked at all 4 Options. He stated the 3 criteria must be considered
(1) least invasive (2) expense and (3) damage to other properties. During the “walk through”, he had phone
conversations with Pine County Soil & Water, the DNR, Pine County Zoning
and Pine County Forestry seeking answers so they could best make the decision.
Option
# 2- west of Little Ox Creek Drive- a entirely new Cartway would have to be
constructed.
Option
# 3- Heller Road-would dissect some property-not a good idea.
Option
# 4- Coming down from Hwy 24- too far of a distance- too much work &
expense.
Therefore, the supervisors decided to grant the petitioner
his requested Cartway route- School House Road going west.
Supervisors
did discuss how to lessen the impact this route will have on Jeannie Virden’s
property. Suggested perhaps Jeff
Lindgren would allow a section of his property to be part of the Cartway. Ms. Virden expressed her concern with the
noise incurred when School House Road west is being used late at night.
Chair
Fornengo said the next steps in this process are to have a survey looked at or
taken and to assess damages. The Cartway
cannot be constructed until damages are paid by the petitioner. The Cartway will be constructed by the
petitioner. It may be a trail, a Minimum
Maintenance style road or a full-blown road-whatever the petitioner
decides. Maintenance of the Cartway will
be the responsibility of the property owners. Conversation then returned to Mr. Mangan’s
claim that his deed shows an easement to his property. The Board needs to see a copy of this deed
because it may possibly change the size of the Cartway. Chair Fornengo requested that a copy of the
deed and all surveys taken by anyone be sent to the Clerk before November
8.
MEETING RECESSED AT 4:50 AND WILL RECONVENE ON NOV. 8
AT 4PM.
MEETING RECONVENED AND CALLED TO ORDER ON NOVEMBER 8,
2019, AT 4 PM BY CHAIR DAVE FORNENGO. Present were Chair Dave Fornengo, Supervisor AJ
Fornengo, Clerk Fran Levings, Deputy Clerk Tamara Miritello, Brandon Johnson,
Tracey Johnson, Hunter Johnson, Mark Stutenbeck, Jeff Lindgren, Jeannie Virden,
Trevor Nowack, Colin Virden, Joseph Mangan, John Mangan and Tom Mangan.
Chair
Fornengo reitetarated that a Cartway going west on School House Road had been
granted to petitioner Brandon Johnson on October 28, 2019. At issue today is the fact that if each of
the property owners has an easement on his or her deed as Mr. Mangan does, then
Mr. Johnson can use those easements and does not need a Cartway.
Chair
Fornengo said that Attorney Mike Bjerke recommended that a professional Title
search and survey be done to create an abstract to determine if other easements
exist. The petitioner will be apprised
of the expenses involved with this process.
Consensus of the Board was to have a Title Search and Survey taken. Chair Fornengo will schedule both of these and
a date will be set at the regular town board meeting on November 13, 2019, for
a meeting to finalize the decision with all participating persons and the
public.
Jeannie
Virden inquired about liability and the Chair responded that private
individuals would be responsible for any liability cases on their part of the
roadway.
Meeting
adjourned at 4:40 pm.
Respectfully
submitted,
Fran
Levings, Clerk
Also
signed by the Chair ______________________________ Date _____________________