Agenda - Council Work Session - 06/15/2004

Home

CITY COUNCIL WORK SESSION Topic Report: Trappers Ridge Access By: Patrick Trudgeon, AICP, Assistant Community Development Director & .James E.; Norman, City Administrator Background: On December 12, 2003, the Ramsey City Council approved the final plat of Trappers Ridge, a two- lot plat submitted by Greg Bauer. The Board of Adjustment, on October 2, 2003 approved a variance to allow for a lot to be created that had less than 200 feet of road frontage. At the time of the plat approval, the City granted permission for Mr. Bauer to construct a private driveway in what was believed to be the public fight-of-way of 160th Lane NW. 160th Lane NW was not constructed all the way to Mr. Bauer's property. City Staff allowed for Mr. Bauer to remove trees for the driveway in January in preparation for construction of a house on the new lot. After the removal of trees, Staffreceived a phone call from Mr. Steve Dusbabek, an adjacent property owner to the north of the presumed right-of-way. Mr. Dusbabek informed City Staffthat he still owned the area presumed to be the 160~' Lane right-of-way as well as his neighbors to the south, Fran and Lori Kaas. Mr. Dusbabek also informed Staffthat he had checked with Anoka County and verified that he is paying taxes on the right-of-way. In reseamhing the matter, Staff discovered that when the land was subdivided, 160a~ Lane was not dedicated as a public read. In fact, after doing title research, the City Attorney found that an easement for road purpose was created, but there was no indication that the easement was dedicated to the City. Therefore, it is Staff's conclusion that while there is an easement for road purposes over the Dusbabek's and Kaas's property, there is no definitive right granting the City the use of the easement for a public road. Staff met with the adjacent property owners in February and reviewed the easement documentation and talked about possible resolutions to the matter. While nothing was settled from that meeting, it was agreed that Staff would bring this matter to a Work Session in March for discussion with the City Conncil. The matter was discussed at a Council work session on March 30, 2004. Staff acknowledged that there were some breakdowns in communications between staffand the residents regarding the process. Staff sent out a notice to property owners that mistakenly said there would be a preliminary plat public hearing in regard to the subdivision, however, since it was a minor subdivision, there is only a sketch plan and a final plat. Staffalso acknowledged that the additional signing could be put on the property to notify the residents. While there was a land use sign at 161st Lane and Olivine, there was not a sign located at the end of 160~ Lane.