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 _____________________
