08-27-2018 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 13, 2018 7:00 o'clock p.m. 14. LMCD — Continued Jabbour stated the solution is to take the funding away from the LMCD. Jabbour stated he watched their employees playing bumper cars with pontoons and that he worries about the people driving the harvesters. In addition, he has been unable to pull boats out because of the milfoil, which is an imminent danger. Dankey asked if the harvesters are important to Mr. Jabbour. Jabbour stated they are not and that he would absolutely get rid of them. Jabbour stated the reason why the LMCD was cutting milfoil everywhere was because they got paid for it per acre, and even though that funding went away, the LMCD is still doing it. Jabbour noted Orono comprises 40 percent of the lakeshore and that it impacts Orono's residents more than some of the other cities. Walsh noted Orono does not have 40 percent of the vote and that the structure of the LMCD is the problem. Jabbour commented this is a long-lasting problem that no one is paying attention to and that something needs to be done since Orono pays almost 18 percent of the LMCD budget. Jabbour stated Orono also ended up having to provide a public access but were not told about it by the DNR. At that time Orono's representative was removed from the LMCD so the DNR could work with the City directly. Jabbour stated the law at that time said the City Council shall elect a representative to serve for three years and the City had no authority to remove an elected official. Jabbour stated he personally went to the legislature, and with the help of some local legislators, changed the law to the City may appoint. After that a representative from Orono was absent from the LMCD for three or four years. Jabbour stated this is about Orono having control over their land and future. Cuttings in Shorewood are washing up at Casco Point. There are 14 cities on the lake and anything that happens on the lake affects Orono disproportionately. Jabbour stated if the City does not appoint someone and does not pay the LMCD, that will be the end of the problem, and that he is willing to help lobby for it. Alan Nettles, 1940 Shoreline Drive, stated he has a problem every year with lake weeds. Currently own 120 feet of shoreline and every year it starts out clean and clear, but by July and August it is full of weeds. A lot of the weeds are a lot longer than what can be clipped by the harvester. Nettles stated in his view it is not an 80 percent capture rate as represented by the manufacturer. Nettles noted there is a nuisance statute in the state that would eat the entire budget of the LMCD up if a lot of people decide that they are going to bring a nuisance suit against the LMCD. If they are cutting it and not catching it all, the residents have to clean it up several times a year. MN Statute 561.01 reads: nuisance action, anything which is injurious... or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of a property is a nuisance. An action may be brought by any person, which would include the marinas, whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance. Nettles stated bringing a nuisance action against the LMCD is not an ideal solution. Nettles stated he agrees with Council Members Seals that the cutters are not the solution. If someone cuts their grass and puts it in their neighbor's yard, they should have to pay to remove it. If the LMCD cuts it, they should have to clean it up. The LMCD has to come up with something where there is responsibility for cleaning it up. Nettles stated he was not able get through the weeds today with his day sailer because Page 9of14