A closed session followed the regular meeting of the Palmer Township Board Monday night for the purpose of discussing the recent appeal filed in the matter of the Westby cartway that the board had approved in December after several months of negotiations among the parties involved.

 

Other agenda items included reports from Briggs Lake Chain Association (BLCA) members, a request for a lot line adjustment for a property in Schendzielos Estates from Clint Schendzielos, a request from Dee Schendzielos for the board to establish a policy for resident notification of development proposals within the township, and a request for speed signs along 42nd St. in the residential area west of 105th Ave.

 

A copy of the appeal regarding the Westby cartway states that the appeal was filed in Sherburne County District Court in which the plaintiff, Patrick Briggs is seeking to appeal an order by the Palmer Town Board establishing a cartway in the plat of Lake Julia Park and seeks damages of $2,828.

 

The text of the appeal contains three “grounds for appeal” which are listed as follows: (1.) The evidence is clearly against Westby’s entitlement to a mandatory cartway because his land already has access to a public road; (2.) that the township’s decision to locate the cartway across the plaintiff’s land was arbitrary, capricious and not in the public’s best interest, and (3.) that the township failed to award just compensation for the “diminution” of plaintiff’s land value “before and after taking, including severance damages.”

 

The suit asks the court to reverse the Palmer Township order establishing a mandatory cartway on the property.

 

BLCA member Gary Anderson presented a report to the board regarding a water runoff mitigation project involving landscaping on Lake Julia.  Fellow BLCA member Kenzie Phelps presented a report on the on-going Lake Improvement District (LID) project. Phelps noted the stated goal of “50 per cent plus one” of all lake property owners, with the number achieved on Julia, Rush and Briggs Lake, but most likely not on Big Elk Lake.  With only 29 per cent of Big Elk Lake property owners on board with the LID program, Phelps said the LID group may seek a “three-lake solution” from the Sherburne County Board, or that they may ask the county to create a LID, which they have the authority to do.

 

Meyers said that he would prepare the documents needed to “extinguish” an existing roadway in the Schendzielos Estates property, which will then revert to current owner Clint Schendzielos. The board also moved to adopt a policy similar to the one in place in Haven Township by which residents within one mile are notified of any proposed developments.  Meyers also said he will research the procedure for adding speed limit signs on township roads per the request for 42nd St.