Adopt Resolution #21-316 Rescheduling Public Hearing for Petitioned Cartway Access to Thorn Lake Property (PID #04-32-25-31-0001); Case of Thomas and Pattiann Kurak 

Purpose:
The purpose of this case is to reschedule the Public Hearing for petitioned cartway access to Thorn Lake property, PID #04-32-25-31-0001, from December 14, 2021 to February 8, 2022 at the request of the property owners.

Background:
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. Rescheduling the hearing to February 8, 2022, will provide 90 days between the date the hearing is ordered and the date of the hearing, and according to the petitioner they will be available to attend the hearing on February 8, 2022.
 
Staff will email the petitioner a certified copy of Resolution #21-316 on November 10, 2021, for their use in mailing the hearing notice to the DNR via certified mail, and for personally serving to affected landowners. This will allow 30 days for the petitioner to mail the notice to the DNR via certified mail and to receive an affidavit of mailing.  

Staff recommends adopting Resolution #21-316 rescheduling the Public Hearing for the petitioned cartway access to the Thorn Lake property, PID #04-32-25-31-0001, to February 8, 2022, as requested by the petitioner.  

Motion to adopt Resolution #21-316 rescheduling the Public Hearing for the petitioned cartway access to the Thorn Lake property, PID #04-32-25-31-0001, to February 8, 2022.