Laserfiche WebLink
City Council Minutes <br />August 20, 2018 <br />He stated he doesn't want to be locked into a private road and would like city <br />services in the future. <br />Mr. Leeseberg stated currently it would remain a private road because the city <br />doesn't have right-of-way on some of the properties. <br />Mr. Smith noted the property owners would need to come together and be <br />cooperative in establishing the road right-of-way. <br />Michael Mopping, 18540 Troy Street — Questioned who has ownership of the <br />private road. <br />Page 3 <br />Mr. Leeseberg explained how each owner along the road owns a portion of the road <br />and there are easements in favor of the differing property owners. <br />Acting Mayor Ovall closed the public hearing. <br />Councilmember Wagner stated this simple plat is not affecting the road at this time, <br />but noted in the future someone can come back and ask for a zoning change. <br />Mr. Smith expressed concerns about maintenance of the road if the campground <br />closes down further noting they would have to come together to determine how to <br />maintain it. <br />Mr. Pormer discussed the process for how the city would take over a road, which <br />would involve a taking and assessments to the abutting property owners for building <br />the new road and the infrastructure. He noted the current road is functioning as a <br />cartway, which has a different definition in land use. He stated the neighbors would <br />need to discuss the issue and decide how they want to approach it. He stated the <br />neighbors could petition the city to take over the road. <br />Mr. Leeseberg also noted some of the lots may become non -conforming with the <br />change in road ownership to the city. <br />Councilrnember Olsen noted there are a lot of private streets in Elk River, which <br />create issues similar to this. He stated it is problematic in land use issues and not wise <br />to put them in. <br />Mr. Smith expressed issue with his road being called a cartway and the city separating <br />its responsibility, which he finds troubling. <br />Mr. Portner stated this was not the intent of staff and explained how a cartway is a <br />legally defined term. He explained the city has no ownership or control of the <br />cartway. He stated the adjacent property owners would need to petition the Council <br />as a group if they want to proceed with a different roadway. He explained how this is <br />like a private driveway on someone's land to their house. <br />P01EIf1 BI <br />NATURE <br />