10-23-1989 - Agenda Packet City Council - regular meeting

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North Oaks, 264 Minn. 32, 117 N.W.2d 396 (1962). The court reasoned, This court has heretofore held that a municipal corporation has the power under [M.S.A. S 412.221, subd. 321 to regulate the use of private as well as public property.... [W)hatever the extent of police power over ordinary private roads which are not freely used by the public, that power must be held to extend to such private roads where they comprise the whole road system of a village .... '[The scope of the police power] covers a wide range of subjects, and, while it is especially occupied with whatever affects the peace, security, health, morals and general welfare of the community, it is not limited thereto, but extends to dealing with conditions which exist so as to bring out of them the greatest welfare of the people by promoting public convenience or general prosperity and to everything expedient for the preservation and comfort of the inhabitants of the corporation.... That which may at one time be regarded as not within such power, may, at another time, by reason of changed conditions, be recognized as a legitimate subject for the exercise of the power.' Id. at 400. (citing 62 C.J.S. Municipal Corporations, S 128). The road system in the village of North Oaks is somewhat analogous to the road system in the City of Orono. Both cities are unique in that many of the roads contained in the cities are private. The cities only differ in the respect that the underlying easement reverts back to the homeowners in North Oaks but reverts back to 'Che City in Orono. The City of Orono may rely on the reasoning in Borchert to amend its ordinances so that all private roads must be open to homeowners and their invitees who need to use the private roads to get to their property. The City of Orono can then protect the general welfare of the City of Orono's citizens by promoting order and convenience as is it is empowered to do under M.S.A. S 412.221, subd. 32. An opinion of the Attorney General, citing Borchert, held that a city council acting under M.S.A. S 417.221, subd. 32, was empowered to provide snow removal upon a privately -owned street open for use to the general public at the expense of the abutting homeowners. Op. Atty. Gen. 377a-11, Sept. 13, 1978. The Attorney General reached this conclusion by resolving the case "upon its own facts, with due regard for the public interest to be served by the city providing the service directly.-" Id. -3-