The hearing was called to order at 10:00 am. In attendance were Supervisors Brandt and Wortham, Counsel Brine, and the Clerk. A sign in sheet was provided that lists others present.

Supervisor Brandt noted that Supervisor Peterson was unable to attend due to health issues but as a 3 member board, having 2 present constitutes a quorum so the hearing can proceed. The hearing will be recorded and recordings kept on file as required.

Brandt cited the Order Setting Forth Initial Descriptions and Setting Hearing Date which was ordered on August 11th, 2014 as provided by Minn. Stat. §164.07. He noted that the Board had received the petition with the required 8 signatures, that the neighbors had been served notice, the hearing notice was published in the Northland Press on August 26th and posted at the town hall. No waterfront was involved so notification of the DNR was not required.

Joe Christensen spoke representing the petitioners and gave a history of the property and surrounding lots. The property in question was originally part of the County Road 16 stub road that connected to Forest Knolls. That most of the original right of way in the area had been vacated and reverted to the plat known as Terrace Green leaving the small section orphaned as the Whitefish Golf Estates plat had occurred several years earlier. This has caused confusion and contention between the neighbors and that a vacation would clarify ownership and resolve the issues.

Counsel Brine gave information regarding options available to the board and the process required for each. He advised that the roadway in question was never accepted as a township road, but that he felt that the township board had authority to conduct the hearing and approve the vacation under state statute.

Discussion continued hearing comments from several of the residents present. At issue was the current alleged unlawful use, unwanted access via the roadway, and past activity with improvements and fencing.

After comments were heard, Brandt closed the public comment portion of the hearing and discussion continued among the board and counsel with the residents present. Brine noted that the Board has the authority to decide as the petition was correctly filed. If the Board approves the petition, a resolution would need be drafted and approved.

Wortham spoke saying he was inclined to approve the vacation and revert the property to the Whitefish Golf Estates Association as proposed. Brandt agreed saying he had reviewed lots of information from many sources, and had visited the site many times.

Motion by Wortham, second by Brandt to approve the road vacation, revert the property to the subsequent owner which is Whitefish Golf Estates Association. Carried unanimous.

Findings of fact listed were:

• Ideal Township has never accepted or maintained the roadway
• Vacation will resolve conflict between neighbors
• The road does not serve a public need
• Evidence sufficiently shows that original area has been properly split between adjoining properties in the past

Motion by Brandt, second by Wortham to award no damages. Carried unanimous.

Brine will draft a resolution for review by the Board and will be forwarded to interested parties after approval. Parties have 40 days to bring an appeal to the county court.

There being no further business to conduct, the meeting adjourned at 11:45 am.

John Plein
Ideal Township Clerk
September 6th, 2014