Approval of a draft order establishing a cartway in the Plat of Lake Julia Park, a discussion of the appeals process involved in a legal case contesting several variances granted to a property on Briggs Lake and a tentative date for the annual clean-up day were among the items on the agenda at the regular meeting of the Palmer Town Board Monday night.

 

The board continued a public hearing on a petition for a cartway on property in the Plat of Lake Julia Park brought by property owner David Westby.  Some points of contention regarding the annexation of some adjoining private land remained unresolved from the hearing that began at the December board meeting, which prompted township attorney David Meyers to suggest that a new survey be done to resolve the matter.

 

Westby said he had already incurred additional costs after the current proposed settlement had been agreed upon, at which time adjoining property owner Cory Becker withdrew his claim for an additional two-foot section of land.  The current agreement, known as “Exhibit A”, takes 2,102 sq. ft. of land from property owner Pat Briggs and 2,760 sq. ft. from Becker.

 

The cartway order approved by the board specifies that the adjoining property owners can use the cartway for access to their property which the route divides, provided they do not interfere with the petitioner’s access to same.  The order also awards damages to both adjoining property owners, which must be paid in full to the Palmer Township clerk before the cartway can be used.  The order also exempts the township from any liability regarding use of the cartway by any party, and further states that the township will spend no monies to maintain or repair said cartway.

Meyers said that he would place the order before the Sherburne County Auditor for any minor corrections in the agreement, after which he would return the order to the board members for their required signatures.  Meyers also advised the board to rescind a driveway license agreement already in force for the south end of the Westby property, and to enact a new one which is not tied to the cartway agreement.

 

The board voted unanimously to approve the current order, with the stipulations suggested by Meyers.  All parties have 40 days from the time the board signs the order to appeal the decision, Meyers said. 

 

Meyers informed the board that no further appeals will be forthcoming in the case involving variances granted by the Sherburne County Board of Adjustment involving the Perkins property on Briggs Lake.  The board had joined with the Sherburne County Board and the MN-DNR in a case which sought to reverse five variances on the property granted by the BOA in 2013.  

 

Tenth Dist. Court Judge Sheridan Hawley ruled against the requested reversal in July of last year, also denying a request for re-instatement of the two denied variances from the property owner at that time.  Meyers told the board that the property owner must act on the approved variances by July, 2015, and that he understood that plans for construction at the site are underway.  If no action is taken, the variances will expire.  The property owner can re-apply for the two denied variances in July of this year, one year after the decision by the court.

 

Briggs Lake Chain Association President Dan Merchant told the board the organization is currently working to gather funds and apply for permits to begin spraying for invasive weed species this spring.  The BLCA is also collecting signatures in support of the establishment of a Lake Improvement District (LID), and he reported that the group is confident that they will have the 51 per cent of property owner signatures needed to place the matter before the Sherburne County Board by the spring of this year.

 

Merchant also said the MN-DNR is conducting a training course involving the new decal that will be required for boats, trailers and docks that will be placed in local waters.

 

Treasurer Roger Johnson suggested the board consider Sat., May 16 as the tentative date for the annual Clean-Up Day in Palmer Township, which was agreed.

 

The sheriff’s report showed 79 calls for service in Palmer Township in December, up from 61 in 2013.  Among those were 30 traffic stops, with 11 citations issued and one DWI arrest.  The report also stated that a total of 2,537 DWI arrests had been made state-wide in December, as a result of expanded drunk driving enforcement efforts.