Agenda - Council - 11/09/2021 - Laserfiche WebLink

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CC Regular Session 7, 1, Meeting Date: 10/12/2021 By: Bruce Westby, Engineering/Public Works Information Title: Adopt Resolution #21-291 Designating Cartway Route and Ordering Public Hearing for Petitioned Cartway Access to Thorn Lake Property (PID #04-32-25-31-0001); Case of Thomas and Pattiann Kurak Purpose/Background: Purpose: The purpose of this case is to designate an official cartway route to provide access to the Subject Property, and to order a Public Hearing to receive input on the cartway petition request. Background: 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 (i.e., two rods) wide. On August 18, 2021 the City received an official petition from Thomas and Pattiann Kurak seeking cartway access to a landlocked, forty (40) acre parcel they own north of 175th Avenue, east of Chameleon Street, and south of 178th Lane (the "Subject Property"). On September 14th Staff presented the official petition for cartway access to the Subject Property to the City Council, outlined the petitioner's requested cartway route plus two alternate routes developed by City Staff, and attempted to address any questions the City Council had at the time. Within 30 days of that meeting, the City Council is required to issue an order describing the designated location of said cartway and ordering a public hearing. Notification: Notice of the Public Hearing will be published in the Anoka Union Herald as required in advance of the Public Hearing. The Petitioner will be required to serve notice to potentially impacted property owners, as well as the Department of Natural Resources (the Subject Property contains a public water), as outlined within this case. Time Frame/Observations/Alternatives: Observations: Minnesota State Statutes 435.37 (Easement for Cartway) and 164.07 (Establishment, Alteration, or Vacation of Town Road) outline the process and procedures 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. It is important to note that the petitioner, not the City, is responsible for providing the notice to affected landowners and said notice must be personally served by the petitioner. And 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 at least 60 days in advance of the public hearing. The petitioner is also responsible for all damages, which includes compensation to the owner of the lands upon which the cartway is established, together with the cost of professional services such as delineating wetlands, surveying, appraisals, hearing costs, recording costs, administrative costs, etc., before the cartway can be 'opened'. For this reason, Staff recommends requiring the petitioner to post a cash surety with the City before holding the