Public Hearing - Road Vacation                     August 25, 2009

The Crow Wing Township Board of Supervisors held a public hearing to consider the vacation of Jackson Street on Tuesday August 25, 2009 at 6:30 p.m. at the Crow Wing Town Hall.  Present were Chair Greg Smith, Supervisors Mark Platta and Dave Schultz, Clerk Virginia Rogers, Jim Jackson, Zack Jackson, Brad Arnold, June Hunter, Brandon Tautges and Randy Powers.

Greg called the meeting to order and the pledge to the flag was recited.

The board progressed through the Worksheet for Vacating a Road.

Zack Jackson spoke for a time about the situation and gave a history of the request for vacation, including noting the outcome of the July 25, 2009 Public Hearing, at which time the first petition for vacation was declared invalid, due to the statements presented by Zack rescinding the signatures of seven of the petitioners. Zack also presented a warranty deed dated July 29, 2009 and recorded by the County on August 3, 2009 in which Jim Jackson transferred his ownership of 20 acres of property to Zack Jackson, thereby creating a new parcel of land that can be accessed by Jackson Street, but does not abut any other public roadway.

Zack then stated that as his father gets older and more unpredictable, this puts him (Zack) at significant risk of not being able to access his property in the future, thereby creating a need for Jackson Street to remain a town road. The deed had been recorded by the county, but a lot split has not been applied for with the township. It was determined that the Jacksons will have to go through our Planning and Zoning office in order to apply for a lot split and that a septic inspection certificate may be required at that time. June Hunter asked if Ronald Jackson had signed the warranty deed, as he is joint owner of the property. Zack Jackson stated that Jim only signed over his partial interest in the parcel.  It was decided that a decision on the petition will have to be postponed until we determine whether or not the transfer is valid and the parcel was created in accordance with township ordinance. Jim and Zack were directed to contact Community Growth Institute about this situation.

Jim Jackson stated that his main concern is not with township maintenance, but with the historical value of the road itself. He noted that the road has been in existence since back to the time when his father was living. It was noted that the road used to go through to connect with 80^th Ave, previously known as DeChaine Road. He also stated that they have always tried to be helpful to the road maintenance contractor and that they always pay their taxes.

Greg informed Jim and Zack that since Jackson Street is a public road, they are not allowed to close the road for special events, such as the motorcycle races that were held on two weekends earlier this year. They were informed of the various noise complaints that were received and the confusion as to where the noise was coming from, including the fact that Craig Johnson, owner of the local motocross track, had been called to a meeting to respond to the complaints when the noise was, in fact, coming from the event on the Jackson property. It was also noted that such an event requires a permit from the Township. No application was ever received for these races and Jackson Street was blocked off without township approval. They were informed that in the future, they will need to obtain a permit and route the racers in a different direction.

Zack Jackson stated that the coordinator for the event was an organization from California and that they were responsible for obtaining any required permits. He also informed the board that they had received no compensation for this race, providing the location free of charge.

Greg made a motion to table a decision on the vacation until the next regular board meeting on Tuesday, September 1, 2009 at 7:00 p.m. The motion was seconded by Mark and carried by unanimous vote.

Zack Jackson asked if a final decision will be made on the vacation at that time. Greg indicated that a decision will be made if the board has all of the necessary information to base that decision on by that date.

The meeting adjourned by general consent at 6:55 p.m.