Special Town Board Meeting of


Public Hearing – Jesse and Charis Cox Petition

April 28, 2008



A.     On-site visit at Lot 9, North Shore Subdivision was called to order by Long Lost Lake Township Board chairman, David Johnson at 5:30 PM on April 28, 2008.  Present at the site was Jesse and Charis Cox, Supervisor David Johnson, Supervisor Ardell Johnson, Treasurer Dick Toomey, Supervisor Greg Scherzer, Lowell Liebenow, Robert Von Hagen, Penny Kemmer, John DeBauche and Nancy Johnson.


A motion was made and seconded to appoint Nancy Johnson to record the official minutes of this site visit and public hearing.  Motion voted on by township board and passed 3-0.


Jesse and Charis Cox pointed out the survey pins indicating the corners of their property that are adjacent to the platted 66-foot right-of-way.  Questions and discussion followed by those present.  Supervisor Greg Scherzer has a concern that the residents of North Shoreline Trail will have permanent access to their property.   It is noted in the minutes that this matter will be discussed at the public hearing with Cox’s attorney, Ed Rasmussen.


On-site visit ended at 6:03 PM.



B.     The public hearing at the Itasca Town Hall was called to order by the Long Lost Lake Township Board chairman, David Johnson, at 7:00 PM on April 28, 2008.  Present were Jesse and Charis Cox, Ed Rasmussen, Cheryl Grover, Lowell Liebenow, Robert Von Hagen, Supervisor Ardell Johnson, Treasurer Dick Toomey, John DeBauche, Supervisor David Johnson, Nancy Johnson, Gary Anderson, Keith DeMaris and Supervisor Greg Scherzer.


Chairman Johnson reviewed the reason for the public hearing regarding the Cox petition on the vacation of a part of a deeded row within North Shore Subdivision.   Then he established the board’s jurisdiction by reviewing the legal requirements.


The petitioners were given the opportunity to offer any comments to the board and public in attendance.  Jesse Cox stated he had nothing further to say.


Dick Toomey asked the Cox’s if the property would have sufficient space to build a cabin and septic system. He asked if 2 entrances to the property were necessary.  A letter from Dan Hecht, Clearwater County Environmental Services Director, was read by Chairman Johnson indicating that he had no opinion on the property until he does an assessment of the site.


Supervisor Greg Scherzer expressed concern that the property owners on North Shoreline Trail will have permanent access to their property since it runs through the Cox property.  The Cox’s assured the residents on North Shoreline Trail that they would not close the Trail.  Ed Rasmussen, their attorney, also stated the warranty deed prevents that from happening in the future because of “prescriptive right.”  Mr. Rasmussen also stated that Clearwater County recognizes North Shoreline Trail, North Shoreline Loop and North Shoreline Drive as official named access routes.  Cheryl Grover, Clearwater County Assessor, verbally agreed with Mr. Rasmussen.


Chairman Johnson read 4 letters of support from Long Lost Lake property owners for the Cox petition.  The public was given the opportunity to ask any more questions or state concerns.  There were no more.


Chairman Johnson made a motion to have an order drafted vacating the portion of platted road adjacent to the Cox property.  Motion seconded by Supervisor Greg Scherzer.  Ed Rasmussen stated he brought 4 copies of such order, ready for the board’s signature.  Motion was voted on and passed:


Ardell Johnson-yes

David Johnson-yes

            Greg Scherzer-yes


Chairman Johnson signed the order vacating the portion of platted road adjacent to Cox property.  He will have deputy clerk, Becky Bergerson, sign the order as soon as possible and deliver the 4 copies to Mr. Rasmussen’s office.


Public hearing adjourned by Chairman Johnson at 7:43 PM.


Respectfully submitted,



Nancy Johnson, Recorder




David G. Johnson, Chairman