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Home My WebLink About11-17-2003 - Memo: motorized vehicles on Big Island MEMORANDUM To: Thomas Barrett, City Attorney Ron Moorse, City Administrator Greg Gappa, Public Services Director From: Mike Gaffron, Planning Director Date: November 17, 2003 Subject: Motorized Vehicles on Big Island For many years I have been hearing from assorted parties that they believe there is a City-imposed ban on motorized vehicles on Big Island,which I have been adamantly refuting. In fact,there is no currently codified City ordinance that prohibits the use of motor vehicles on the Island, and I have found no past ordinance that effectuates such a ban. However, pursuant to comments by Jean Deggendorf(long-time Island resident)passed on to me through David Lovelace (another Island property owner), I have discovered today that the City Council in 1971 did in fact take an action to prohibit motor vehicles on Big Island. Please review these complete excerpts from the following documents (originals attached): Council Minutes, July 12, 1971: "PETITION-Big Island. Searles moved,McCarthy seconded,to ask the Village Attorney for a legal opinion on the Village ability to prohibit motor vehicle travel on Big Island and to refer the request to the Planning Commission for study and recommendation. Motion, Ayes (5) -Nays (0)." Staff Memo to Planning Commission, July 22, 1971: "The following items are on the agenda for August 2, 1971: ...5) Big Island, Dennis Kilbane. Petition to Ban Motor Vehicles. Somebody owning an amphibious and land vehicle, named Richard Rowe, has property on Big Island and has started to use one of the many public lake accesses to get to his property by means of this vehicle. A number of people have petitioned to prevent any vehicle to use same." Planning Commission Minutes, August 2, 1971: "BIG ISLAND PETITION - Dennis Kilbane. Kuhlmeier moved, Kullberg seconded,that the petition of people on Big Island to prevent the use of motorized vehicles on public right of ways thereon be denied since there were no ordinances of the Village,County,or State to prevent the usage of same. Motion,Ayes(8)- Nays (0)." Motorized Vehicles on Big Island November 17,2003 Page 2 Council Minutes, August 23, 1971: "BIG ISLAND - Traffic. McCarthy moved, Searles seconded, to prohibit motorized vehicle traffic on all platted streets on Big Island and post the same. The reasons for this regulation include: (a) Lack of ability of the Village of Orono to provide adequate police to protect the public safety. (b) Lack of ability for Orono to maintain and and plow roads (c) Lack of need of the public to use motorized vehicles on the island. Motion, Ayes (4) -Nays (0)." This action by the City Council was not documented via a formal resolution. Further, it was not adopted as a formal City ordinance. Other than the above documentation,I have been unable to find any additional background information regarding this action. I am unaware of any signage posted on the Island that indicates such a prohibition. Tom-given that the action to prohibit motorized vehicles was never adopted as a City ordinance nor as a formal resolution,I question whether it is valid or enforceable today. I would have no reference code section to cite someone with, should we choose to enforce it. I would like your opinion on this as soon as possible. Further, given the degree and nature of activity on the Island, if you believe this is a valid City law, I would want the current Council to review it and determine whether it is still appropriate. `0 3 \->46— N�� dc. .� n�c �� t— woyi£ k4 -1-7) C-� 1.“)(1) "f`7? TAS ,c Ai e-x� e r i DA) VILLAGE OF ORONO H4‘ Regular Meeting of the Village Council , 7: 30 P.A. July 12 , 1971 The Village Council met on the above date with the following members present: 'Mayor Oberhauser, Councilmen Dorn, Franzel , McCarthy, and Searles . Searles moved, Franzel seconded, that the iIINUTES Minutes of the Regular Meeting of June 28 , 1971, be approved. Motion, Ayes (5) - Nays (0) . Searles moved, McCarthy seconded, to ask PETITION the Village Attorney for a legal opinion on Big Island the Village ability to prohibit motor vehicle travel oil Big Island and to refer the request to the Planning Commission for study and recommendation. Motion, Ayes (5) - Nays (0) • Searles moved, McCarthy seconded, that RESOLUTION #400 Resolution #400, A Resolution To Order Shorehills Water Extension Of The Water Project To The Entire Shorehills Area Down To The Narrows Bridge, be adopted. 'lotion, Ayes (5) - Nays (0) . McCarthy moved, Searles seconded, that RESOLUTION #401 Resolution #401 , A Resolution Ordering The Balance of Casco Point Water Project For The Remainder Of Casco County #51 Point Including Casco Circle , Ivy Place And Extension To Include Five Homes On County #51 To Hendrickson Bridge Area, be adopted. 'lotion, Ayes (5) - Nays (0) . Searles moved, Franzel seconded, to order DUNWOODY SEWER PROJECT the Dunwoody Sewer Plans revised to indicate 1971LS-1 bids for a 'larch 1 , 1972 completion date. lotion, Ayes (5) - Nays (0) . Searles moved, McCarthy seconded, to extend until September 1, 1971 the landfill license LICENSE EXTENSION for Howard Eisinger, subject to the following Eisinger Landfill conditions : 1) Designate a confined area for landfill use during the extension period 2) Place two feet of clean fill in all other areas during the extension pel 3) Grade off properly all areas for drainage during the extension period lotion, Ayes (5) - Nays (0) . • t • TO: Planning Commission Members FROM: Mike Scheller, Secretary DATE: July 22, 1971 , ` SUBJECT: Agenda Items - August 2 1971 The following items are or, the agenda for August 2 , 1971 : x.` 1) Christop',er Dahl purchased Lot 8, Shorehills , and wishes to establi , aaa-' it as a buildable lot- The lot is a bit short of the one-acre require- aa: - rents and, common to many lees in Shorehills , short of the frontage aarequirement. The property is to the right cf Lyle Halverson's property `,y at the end of !apleri_dge Lane, a bit ahead and across the street from the Fabric House in Navarre. 2) Gary Beit°, Lot Size and Frontage Variance. We had this at the July 19, 1971 -looting and tabled it. 1 studied the tax structure on th ,let, Last year's reappacisa_ moved the market price from $1 ,600 to $3,600. Present taxes are 5176. There will be sewer assessment of ea 32,750 placed or. the premort, thisfall. To view--I :pas erroneous in the last directions in _o far as tiic pint map- is in error on the placem_:1 ` - of Grandview Avenue—go north on #151 to Grandview Avenue, which is • 1 shortly after you make the first two sharp bends and is to the left.. Make the :ft turn to the dea i enc then a r i hilt. The _ote Iles I00' past the last house on the lake side. in R1-stien 3) Harold Roberts Division, Caroline Avenue , Casco Point. This was before the Planning Comnissien before and a rearrangement tit; two lots ya out of the five platted lets was zec;•r r ended The lots are each 50' '. so they are planning on one :00' 2 1 one 150' . 4) Robert McKee, Division, Ju ctioa o-' Watertown Road _Sixth Avenue N ' ''',-0, This was passed by the Plee- _ng Ccmiission at arior meeting t P g and rc_L,r tL by the Village Council as i:g for a contour map which is now on file.. ` 5) Big Island, Dennis F:i1`1a e. Petition io Ban ala Vehicles . �o-I owning an V��II � cb o an amph_bicus and 1a=-_ •.,chicle, name0 Richard or. Sig Island andhas tai _. ;s� ,cy ` r Rowe, I::� me ger*,,• s :o L o: lit the Rant/ public lah"e h to get to his er:perty by means • ACCCS'; Ince petitioned ,cof this vehicle. A number of n;;o� e ` to :,re -;t any vehi ;1a to ur.e same. ` a 6) Yale Smiley, Division. I will a ; our secretary to send you .mv me to the Ad�ninszrator on this. - _ 7) -Mabel and 7.:^rni_e Dahlz , and Variance.Si Frontage Jari: nc h, is view ::. :: - !cl:alollci:::e114r:17711a:::f: ,'a Lindy : h h i Z T; _c ,.ust directly across tl;e street }-.• d in iter two Our Zecretary P�il1. send a pint and memo tyou. k .der an :-'mac es tt:l lnfor:aal L'iscusSiOn of an industrial p �eve'1opl:,e 1 c park. He did not _on =ide the location except to it is on Highway F12, say • "',.�- t . . u- • r"-• :...:1'1-yr VILLAGE OF ORONO _ Regular Meeting of the Planning Commission, 6 :40 P.I. August 2, 1971 • , The Planning Commission met on the above date with the following members present: -,. 1 Chairman pro tem Scu.ithworth , Butler, Elliott, Gasch, Hays , Kuhlemeier, Kullberg and ,, Nicholls. Absent: Chairman Poisson and ` 1 - Herfurth. i`essers. Braun and Sherman represented IDS ,4: in a presentation of a new proposal for IDS - NEW PROPOSAL ; ;; land use and density in the Navarre leaving the •swamp areas intact. project, Kuhlemeier moved, Elliott seconded, that since there was no conflict of interest and VARIANCp • r the neighbors had no objection to the use Christopher Dahl of the lot as a building site , the variance Lot 8 - Shorehills ,, be recommended for approval. 'lotion, `i Ayes (8) - Nays (0) . i ` Members studied the plat and contour map DIVISION {� of the area. Robert `tepee Parcel 1400 - Section 31 Kullberg moved, Kuhlemeier seconded, approval i+.': be recommended. Notion, Ayes (R) - Nays (0) . Kuhlemeier moved, Kullberg seconded, that BIG ISLAND PETITION the petition of people on Big Island to Dennis Kilbane prevent the use of motorized vehicles on public right of ways thereon be denied since there were no ordinances of the Village, County, or State to prevent the • usage of same. Motion, Ayes (8) - Nays (0) . Mr. Swaggert represented the Church of the • Open Door in a conditional use permit to CONDITIONAL USE RDIT " construct a 70' X 28' addition to the church Church of the OpeennDoor • for purposes of Sunday School classes. The ordinances requiring one parking space _.or L_ each four seats was brought out. Members also noted there was much congestion and on- street parking at the Sunday services , which are already hazardous. ' I Kuhlemeier moved, Hays seccnded, that a site plan and a contour map be brought in for the :,,g) purposes of constructing more parking space to conform to the Municipal Parking Ordinance ' • for the present and proposed usas,e. Motion , ` Ayes (8) - Nays (0) . 4' • 4 MINUTES OF A REGULAR MEETING ,��`.t.`,��fs,. ±' .� HELD AUGUST 23, 1971 "�"�'Pa'ge 2 McCarthy moved, Searles seconded, to prohibit BIG ISLAND motorized vehicle traffic on all platted Traffic streets on Big Island and post the same. The reasons for this regulation include : (a) Lack of ability of the Village of Orono to provide adequate police to protect the public safety (b) Lack of ability for Orono to maintain and plow roads (c) Lack of need of the public to use motorized vehicles on the island. Motion, Ayes (4) - Nays (0) . McCarthy moved, Dorn seconded, that the low BID AWARD bid of Lamppa Construction of Aurora, Minn. Lamppa Construction for water extensions to Fagerness Point , County #51 , to Hendrickson bridge, and Shorehills , be accepted. Motion, Ayes (4) - Nays (0) . Searles moved, Dorn seconded, that an ADVERTISEMENT FOR BIDS advertisement for new bids for the Dunwoody Dunwoody Sewer Project sewer project to be opened at 11 :00 A. M. Wednesday, September 8 , 1971, be ordered. Motion, Ayes (4) - Nays (0) . Searles moved, Dorn seconded, that a public PUBLIC HEARING DATE hearing for 7: 30 P.'I. , Wednesday, September 8, Dunwoody Sewer Project 1971 for the Dunwoody sewer project, be ordered. Motion, Ayes (4) - Nays (0) . McCarthy moved, Dorn seconded, that the DIVISION division of Lots 1 through 5 , Casco Heights , Lots 1 - 5, Casco Heigh• be amended to allow them to be divided as Caroline Avenue follows : Lot B - 115 ' and Lot A - 135' frontage, be approved. Motion, Ayes (4) - Nays (0) . Searles moved, McCarthy seconded, that an ADVERTISEiMENT FOR BIDS advertisement for bids for paving Old Crystal 01d Crystal Bay Road Bay Road to be opened at 11 : 30 A. M. , September 8, 1971 , be ordered. Motion, Ayes (4) - Nays (0) . Searles moved, McCarthy seconded, that a PUBLIC HEARING DATE public hearing before the Council for the Freshwater Biological Freshwater Biological Institute applications Institute on Tuesday, September 14, 1971 at 7: 30 P.M. in the Orono Middle School , be ordered. Motion, Ayes (4) - Nays (0) . °moo City ofOrono 1*;,.41iA. et" Hoo 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET Date: //- / 7 - 02 To: 72 Fax: — 23 ei-gb853 Re: el 6 15 /-.4-( it. Sender: 1 Ne--e YOU SHOULD RECEIVE 7 PAGE(S), INCLUDING THIS COVER SHEET IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. Confirmation Report — Memory Send Time : Nov-17-2003 01:27pm Tel line : +9522494616 Name : CITY OF ORONO Job number 989 Date Nov-17 01:26pm To 6123348888 Document pages 007 Start time Nov-17 01:26pm End time Nov-17 01:27pm Pages sent 007 Status : OK Job number : 989 *** SEND SUCCESSFUL *** C'z/y of OY-ono .2750 Kelley.Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER.SHEET vote: //—/ 7p- C�3 . To /�(�d i..--c- ISA-12- Fox: 17 /Z-- - 3°7/—ge:Ngrie) Re: 1 t 6 /5. da S'e aagr: VL ILA�G "J YOU SHO ULD RECEIVE -7 PAGE(S). INCL UDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600.