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WS — Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: July 2, 2012 To: City Council From: Michael Grochala Re: Otter Lake Drive Cartway Background A petition to establish a cartway was submitted from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway easement to provide access to a landlocked parcel he owns. Minn. Stat. § 435.37 provides that upon petition presented to the city council, by the owner of a tract of land containing at least five acres, who has no access thereto except over a navigable waterway or over the lands of others the city council by resolution shall establish a cartway of at least two rods wide (33 feet) connecting the petitioner's land with a public road. On March 26, 2012 the City Council called for a hearing to be held on July 9, 2012 to consider the establishment of a cartway. Since this request is somewhat unique for the City staff is providing an overview of the procedure to be followed at the hearing: 1. Mayor calls the agenda item 2. Staff introduces the subject matter and the parties, and outlines issues to be addressed by the Council. 3. Mayor opens hearing. i. Note: the parties can present their case and others may offer commentary, and the Council can ask questions, but the parties have no right to cross examine each other. 4. The petitioner, Mr. Johnson should present his case first. There are 3 issues to be addressed: i. Whether the threshold requirements for establishing a cartway are met. Those requirements are: • Petitioner owns a tract of land at least five acres in size; and • He has no access to it except over a navigable waterway or over the lands of others. ii. Where the cartway should be located iii. Damages 5. The affected property owners would then have an opportunity to respond on the same issues. 6. The petitioner should be allowed to rebut the property owner's case.