11-13-2007 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 22, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 9 (City Engineer’s Report, Continued) Bremer stated she would like to see the City Attorney involved in this issue if he has not been involved up to this point. Kellogg stated the primary reason City Administrator Moorse attended the meeting was that it appeared to be a bigger issue than what was originally contemplated. Bremer recommended the city attorney look to see if there is any case law involving MN Statute 169.01 on this issue. Moorse indicated he has been working with Roger Knutson on this issue. Mattick stated his office has looked into this issue and did provide some input into the letter that was sent to MN/DOT. Mattick indicated the definition of a public road is pretty vague under Statute 169.01 and that the language used in the City’s easement says the road is open to public use. The City does maintain control of the underlying easement and the City has the right to come in and take the road over. The issue appears to be over the labeling of the roads as private. Mattick stated the easement in his opinion is more of a maintenance agreement and that he is unsure whether all of the City’s easements contain that language relating to a public’s right to use the road. Murphy stated in his view the City should take the position at the meeting tomorrow that a statewide audit be conducted of the certified city streets due to the unclear language contained in the statute. Murphy noted some of this information has already been provided to Representative Gen Olson and that other alternatives besides the Screening Board should be considered. Bremer inquired whether there is an appeal process. Moorse stated it could be appealed to the top person at State Aid and then the top person at the Department of Transportation. Moorse indicated the information has been provided to the top person at State Aid but that it should be pointed out that a subcommittee should not be interpreting the language and making a decision on what is required by state statute. Mattick stated their involvement was limited to the letter and that he is unsure of what the exact appeal process would be. White recommended that City Administrator Moorse contact Representative Gen Olson tomorrow. McMillan suggested some examples be provided illustrating the language the City has used over the years. Murphy reiterated that a statewide audit of the cities should be requested. CITY ATTORNEY’S REPORT City Attorney Mattick had nothing to report. Item #02 - CC Agenda - 11/13/07 Approval of Council Minutes 10/22/07 [9 of 10]