Agenda - Council - 09/14/2021 - Laserfiche WebLink

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CC Regular Session 7, 4, Meeting Date: 09/14/2021 By: Chris Anderson, Community Development Information Title: Consider Petition for a Cartway to Access Thorn Lake Property (PID #04-32-25-31-0001); Case of Thomas and Pattiann Kurak Purpose/Background: On August 18, 2021 the City received an official petition from Thomas and Pattiann Kurak seeking a cartway access to a landlocked, forty (40) acre parcel they own. The property is located north of 175th Avenue, east of Chameleon Street, and south of 178th Lane (the "Subject Property"). The purpose of this case is to present the official petition for cartway access to the Subject Property, outline the options, and attempt to address any questions the City Council may have. Within 30 days of this meeting date, the City Council will need to issue an order describing the designated location of said cartway and call for a public hearing to be scheduled. Under Minnesota statute, if a property owner has no legal access to a public road leading to their property, cartway statute states the municipality's governing body must grant access from a public road. That access which is called a cartway must be at least 33 feet wide and no more than half -mile long. (Language from brainerddispatch.com) Notification: Notification is not required to receive the petition for cartway. However, notice to potentially impacted property owners, as well as the Department of Natural Resources (the Subject Property contains a public water), will be required in advance of the next meeting that this topic will be discussed. Time Frame/Observations/Alternatives: Minnesota State Statute 435.37 (Easement for Cartway) outlines the process for processing a petition for a cartway. Should the City grant the cartway, it shall be not less than thirty-three (33) feet in width. The steps are as follows: 1. The petitioner shall file a petition for a cartway with the City Clerk (completed). 2. The petition is presented to the City Council (current step) 'accept' the petition (the purpose of this case). 3. The Council shall, within 30 days of receiving the petition, issue an order describing where the cartway will go and set a hearing date. 4. The City Council conducts a public hearing and determines whether to grant the petition. There are several factors that are important to note regarding a cartway petition. First, the petitioner, not the City, is responsible for providing the notice to affected landowners and said notice must be personally served by the petitioner. Secondly, since the Subject Property contains a public water, the petitioner shall also serve said notice, by certified mail, to the Minnesota Department of Natural Resources (due to the public water, the notice shall be served to the DNR at least 60 days in advance of the public hearing). The petitioner is responsible for all damages, which includes compensation to the owner of the land upon which the cartway is established together with the cost of professional services, such as delineating wetlands, surveying, appraisals, hearing costs, recording costs, etc., before the cartway can be 'opened'. Finally, the City must use the route requested by the petitioner unless the City determines both that an alternative route will be less disruptive and damaging to neighbors and that an alternative route is in the public's best interest. Potential Cartway Routes