02-08-1988 - Agenda Packet City Council - regular meeting

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DATE: February 3, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: 1972 Shadywood Road Update At the pre-trial hearing on September 29, 1987, the attorney for the resident and the attorney for the City attempted to see if there was common ground for a negotiated settlement that would cease the feeding of ducks from here forward. At the time it did not appear that the resident was amenable to a ne- gotiated settlement and it was agreed that the attorneys would argue the status of the 1983 stipulation in light of the pro- hibition on feeding the ducks that was passed subsequent to that stipulation. The judge agreed to that and gave the de- fendant a month to submit a brief and the City Attorney two weeks to respond. On January 6, 1988 the judge gave his decision, stating that the 1983 stipulation is admissable in evidence and shall be presented to the trier as fact. If the resident has violated the terms of the 1983 stipulation, then he has committed a vio- lation of the Orono Ordinance. The converse is also true. The resident was observed as late as the last week of January, bringing approcimately 200 lbs. of feed bags. This was called in by a neighbor and photographed by the police. The City has proposed the following guidelines: No feeding for one (1) year from date of agreement - Feeding only every third day - 8:00-8:30 am on one occasion - 1:00-1:30 pm on the next occasion - Feeding only cracked corn or a mixture of cracked corn, crushed oats and soybeans - Only one (1) pound of cracked corn allowed per feeding - No feeding after October 1st or before May 1st of any year - The matter will be heard on March 10, 1989 at 0900 at the Hennepin District Court in Ridgedale.