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:
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.
 
Staff emailed the petitioner a certified copy of Resolution #21-316 for their use in mailing the hearing notice to the DNR via certified mail, and for personally serving to affected landowners.  
 

Notice of the Public Hearing was published once in the Anoka Union Herald on Friday, January 28, 2022.
 
The Petitioner provided hard copies of the hearing notice to City Staff to post on the bulletin board in the lobby of City Hall several weeks in advance of the hearing.
 
The petitioner personally served notices to three affected property owners, and mailed a copy via certified mail to the Commissioner of the Department of Natural Resources (the Subject Property contains a public water). Affidavits verifying delivery of all notices as delivered to the City on February 2, 2022, are attached to this case.    
 

Observations:
The petitioner originally requested a route from the proposed new public street in the plat known as Williams Woods to access the northeast quadrant of the Subject Property. Since approval of the Williams Woods Preliminary Plat was not contingent upon inclusion of an access to the Subject Property, this could not be made a condition of approval of that Final Plat. The petitioner's requested route, which would be through upland and wetland area, would have greater negative impacts than two other alternative routes investigated by Staff utilizing accesses through public park properties and smaller areas of private properties.
 
The first alternate route is through Caroline Acres Park, which is an undeveloped park that accesses 178th Lane near the northeast corner of the Subject Property. This route appears to result in the longest route and the greatest impact to wetlands. Also, there is only forty (40) feet of frontage along 178th Lane so if a thirty-three (33) foot wide cartway were to be established, future access to this park would be severely restricted.
 
The second alternate route is through Shawn Acres Park, which is an undeveloped park that accesses Chameleon Street near the southwest corner of the Subject Property. Of the three routes considered, this route would result in the least impact to private properties, and would have less impacts to wetlands than the Caroline Acres Park route. Designating this as the official cartway route therefore appears to be in the public’s best interest.
 
Staff has had several conversations with the petitioners during which it was confirmed that they fully understand Minnesota’s cartway statutes 435.37 and 164.07, including their financial obligations and other responsibilities associated with their petition. The petitioner initially informed Staff that they wanted access to the northeast corner of their property because this area has the greatest elevation differential between the ground and groundwater making it the most likely location for future improvements. But more recently the petitioner informed Staff that they do not have a strong preference for a cartway route and acknowledged that a cartway through Shawn Acres Park to the southwest corner of their property would work just fine to provide access to their landlocked parcel.
 
The petitioner will be in attendance.
 
Alternatives:
Alternative 1: Motion to 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 using the alternative route through Shawn Acres Park.
 
Alternative 2: Motion of other. 
 

Staff estimated $20,000 will be needed to secure a cartway per the petition request. Again, the petitioner is responsible for paying 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.  The petitioner submitted an escrow payment in the amount of $20,000 on February 2, 2022. 
 

Staff recommends alternative #1. 
 

Motion to 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 using the alternative route through Shawn Acres Park.