Agenda - Council - 02/08/2022 - Laserfiche WebLink

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CC Regular Session 6. 1. Meeting Date: 02/08/2022 By: Bruce Westby, Engineering/Public Works Information Title: Adopt Resolution #22-039 Approving Designated 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 hold a Public Hearing and adopt Resolution #22-039 approving a designated cartway access to the Thorn Lake property having PID #04-32-25-31-0001 and owned by Thomas and PattiAnn Kurak. Background: Pursuant to Minnesota Statute 435.37, if the owner of a property having an area 5 acres or more with no legal access to a public road, or whose access is less than 33 feet wide, the city council must grant access from a public road if so requested by petition. That access, called a cartway, must be at least 33 feet 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"). This property has PID #04-32-25-31-0001. 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. On October 12, 2021, the Ramsey City Council adopted Resolution #21-291 designating a route for petitioned cartway access to Thorn Lake property, PID #04-32-25-31-0001, using the alternate route through Shawn Acres Park, and ordering a Public Hearing at 7 pm on December 14, 2021. Attached is the October 12th Staff report, including attachments, as well as a copy of certified Resolution #21-291 as provided to the petitioner on October 13, 2021, for their use in serving notice of the Public Hearing to affected landowners and the Minnesota Department of Natural Resources (DNR). The petitioner, not the City, is responsible for serving notice of the Public Hearing to affected landowners. 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. After receiving a copy of certified Resolution #21-291 on October 13th, the petitioner contacted Staff to request that the Public Hearing be rescheduled as they would not be able to attend the meeting if it was held on December 14th as originally scheduled, and that they would not be able to serve the Public Hearing notice to the DNR via certified mail by the required deadline. The petitioner requested that the City allow at least 70 days between the date the hearing is ordered and the date of the hearing so they can serve notice to the DNR via certified mail and receive the required affidavit of mailing. On November 9, 2021, the Ramsey City Council adopted Resolution #21-316 rescheduling the public hearing to February 8, 2022, providing 90 days between the date the hearing was ordered and the date of the hearing. The petitioner confirmed they would be available to attend the hearing on February 8, 2022.