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HomeMy WebLinkAbout03-28-1988 Council Minutes"i . -.' ) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Acting Mayor Callahan, Councilmembers Peterson, Sime, and Goetten. Mayor Grabek was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following items: #3 - Approval of Minutes - Councilmember Goetten #15 - Feasibility Study - requested Peterson #22.- City /School Intervention requested by Councilmember Peterson Motion, Ayes 4, Nays 0. C.D.B.G. YEAR XIV PROPOSED FUNDING PUBLIC HEARING 7:03 -7:07 •RESOLUTION #2385 The Affidavit of Publication was noted. requested by by Councilmember Agreements - 3 City Administrator Bernhardson explained that the City of Orono will receive $23,053 of Community Development Block Grant Funds which will be available in August 1988. Staff recommends the following project allocations: $14,553 - Hwy. 12 Corridor Study $ 7,500 - Rehabilitation of Private Property $ 1,000 - Westonka Intervention Valerie Hessberg, Director of Westonka Intervention, was present and explained the purpose of the project which is to aid families in getting help from their own community. She stated that Mound and Minnetrista are contributing in this project. There were no other comments from the public and the public hearing was closed. It was moved by Councilmember Sime, seconded by Acting Mayor Callahan, to adopt Resolution #2385 to allocate $14,553 to the Hwy. 12 Corridor Study, $7,500 to Rehabilitation of Private Property, and $1,000 to Westonka Intervention from Year XIV Community Development Block Grant Funds. Motion, Ayes 4, Nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 �PROVAL OF MINUTES Councilmember Goetten requested a slight amendment to her comments regarding the legislative activity of the Hennepin County Park Board (Additional Information - page 9). PUBLIC COMMENTS It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the March 14, 1988 Council meeting as amended. Motion, Ayes 4, Nays 0. There were no comments from the public. PLANNING COMMISSION COMMENTS Planning Commissioner Ed Brown was present. ZONING ADMINISTRATOR'S REPORT: 11223 JOHN B. WALDRON 1951 CONCORDIA STREET CONDITIONAL USE PERMIT/VARIANCE John Waldron was present for this matter. City Administrator Bernhardson reviewed the original proposal which was denied by Planning Commission and • Council. The revised proposal consists of a 3' deep cut extending to the foundation wall of the existing residence requiring a variance and conditional use permit to allow this work within the 0 -75' lakeshore setback zone. In addition, variances are requested to allow a deck structure resulting in 1.41% increase in hardcover in the 0 -75' lakeshore setback zone. Planning Commission recommended denial of the of the 3' cut; and approval of variances to allow deck within the 0- 75' lakeshore and average lakeshore setback zone subject to no additional hardcover in the 0 -75' zone (requiring removal of an equal amount of existing 0 -75' hardcover). Assistant Zoning Administrator Gaffron explained nine alternatives to restoring the lakeshore bank. Based on the relative values and aesthetic impacts of the nine alteratives, staff recommends Option E, which consists of a partial retaining wall system, for restoring the lakeshore bank. Mr. Waldron felt that based on visual impact his proposed 3' cut would be less obtrusive than a retaining wall. He stated that the 3' cut was a compromise from the original plan. Q MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • #1223 WALDRON CONTINUED Councilmember Goetten felt that there were conflicting expert opinions given regarding the proposal and asked how other storm damage properties were allowed' to restore their lakeshore banks. Zoning Administrator Mabusth and City Engineer Cook explained that with 1:1 & 2:1 slopes retaining walls were allowed, and in fewer cases cribbing, stabilization fabric, and stone walls were allowed. Councilmember Goetten asked City Engineer Cook his opinion regarding staffs recommended Option E versus applicants proposal. City Engineer Cook felt that Option E would have a little bit more structural integrity than applicants proposal, but not a significant difference. Councilmember Sime felt a 3' cut would visually not be good, would set a precedent, and is not necessary to restore the lakeshore bank. He recommended that the lakeshore bank be restored as close as possible to its original state. Regarding the variances for the deck, he agreed with Planning Commissions recommendation. • Councilmember Peterson requested clarification regarding .the discussion by the Planning Commission regarding a 3' cut along the entire width of the property. r� U Planning Commissioner Brown stated it was basically mentioned for aesthetic reasons but did not receive the consensus of the Planning Commission. City Engineer Cook's opinion on this suggestion is that it would also help reduce future soil erosion by removing some of the overburdening soils. Regarding the issue of plantings on the bank, City Engineer Cook stated plantings were basically needed to to screen.the visual impact of a retaining wall. Acting Mayor Callahan also felt that the 3' cut was not necessary for the purpose of bank stabilization. C1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1223 WALDRON CONTINUED Mr. Waldron stated that according to the Hennepin Conservation District (HCD) report , retaining walls do not solve slope problems. He noted that based on the table of quantatative factors, his proposal is equal to staff's recommended Option E. He stated that the options to restore the lakeshore bank that are preferred by staff would be too costly for him. Therefore, he felt he had three alternatives: 1) getting approval of the 3' cut proposal; 2) leave the lakeshore bank as is; or 3) legal action with the City. He noted that alternative 2 & 3 are not preferable to him. He noted another compromise would be to allow a 29" rather than a 3' cut, based on the fact that the Ragatz property is 29" lower than his property. Councilmember Goetten stated that although she would like the lakeshore bank to be restored as soon as possible, she is -not in favor of the 3' cut but would be in favor of a retaining wall. Regarding the HCD report previously mentioned, City Administrator Bernhardson noted the following statement regarding slope restoration in the report which would • support staff's recommendation: "Where possible, eroded areas should be regraded to slopes no greater than 1 on 2 (50% grade). This can be achieved by extending the regraded slope at the toe, cutting the slope back at the crest, or constructing a retaining wall at the top of the slope. Retaining walls can be used to shorten the regraded slope. The retaining wall should be placed at the top of the slope and not exceed five feet in height." It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to deny the proposed lakeshore bank cut; and approve Option E for restoring the lakeshore bank. Motion, Ayes 4, Nays 0. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to approve the variance for the average lakeshore setback for the deck and approval of the additional deck hardcover subject to removal of an equal amount of existing 0 -75' hardcover resulting in no hardcover increase, per Planning Commission's recommendation. Motion, Ayes 4, Nays 0. Acting Mayor Callahan noted the other issue to address regarding the approval or denial to allow the existing is method of piping roof drainage directly to the lakeshore bank. 4 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1223 WALDRON CONTINUED Mr. Waldron explained that he extended a solid pipe from the outlet of his rain gutters to the edge of the lakeshore bank in order to remove the roof run -off from his yard area and avoid a recurrence of the major erosion caused by saturation of the soil at the top of the bank, which was recommended to be done as an emergency measure after the storm by the HCD. Councilmember Sime felt that this action was justified in this emergency situation. Assistant Zoning Administrator Gaffron explained staff's recommendation that the drain tiles directing roof run- off past the lawn to the bank be allowed to remain in place finding that the impact of roof run -off on a short yard area becoming saturating and causing the bank to slump is equal to the degradation of lake quality by roof run -off going directly to a pipe to the lake. It was moved by Councilmember Sime, to allow the pipe to remain per staff recommendation. Motion failed for lack of a second. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to deny the allowing the drain pipe to remain and require to to be removed. Motion, Ayes 3, Nays 1. Councilmember Sime voted nay. Motion carried. Mr. Waldon was advised to work with staff to come up with other options to solve the roof run -off problem. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table Application #1223 pending adoption of a formal resolution to be drafted by staff. Motion, Ayes 4, Nays 0. #1244 DALE C. PALM 1710 SHADYWOOD ROAD VARIANCE RESOLUTION It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table this matter until the April 25, 1988 Council meeting per applicants request. Motion, Ayes 4, Nays 0. 5 W MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 •#1247 ROBERT POSTHUMUS BIG ISLAND - RECORD LOT #40 VARIANCES /CONDITIONAL USE PERMIT RESOLUTION #2386 Robert Posthumus was present for this matter. City Administrator Bernhardson explained the request for .construction of a seasonal lake home on Big Island. The request involves a side setback variance in order to accomodate the septic site location; and variance and conditional use permit to construct a well within 75' of the lakeshore. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to adopt Resolution #2386 approving the request per staff recommendation. Motion, Ayes 4, Nays 0. #1248 THOMAS WILLIAMS 4127 OAR STREET RENEWAL VARIANCES RESOLUTION #2387 Thomas Williams was present for this matter. City Administrator Bernhardson explained the request for • a lot area and lot width variance which were previously approved in 1969 and 1979. He noted that there is a parcel that is separated from the main lot area that cannnot be credited to the lot area and it might be appropriate to do a special lot combination. The other issue is that the property is served by a driveway located within an unimproved public right -of -way. Mr. & Mrs. Chuck Hommeyer, 4125 Oak Street, were present and had no objection to the proposal as presented. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2387 approving the lot area and lot width variances. Councilmember Goetten asked at what point does the City start taking responsibility for the street? City Attorney Barrett stated that there was no fixed time to which the City must change the current process of maintaining the street. City Administrator Bernhardson explained that staff has not yet developed criteria to determine the point at which a private road must become a public road. Usually this issue is addressed during a proposed • subdivision. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • #1248 WILLIAMS CONTINUED Councilmember Goetten felt that at some point in time the City should do something about these streets. #1250 DANA WELLS 1397 ORONO LANE VARIANCE RESOLUTION #2388 Acting Mayor Callahan agreed with Councilmember Goetten, and because of this issue felt that condition #4 in the drafted resolution pertaining to the access to the site should be omitted. Councilmembers Sime and Goetten amended their motion to omit condition #4 from the resolution. Motion, Ayes 4, Nays 0. Dana Wells was present for this matter. City Administrator Bernhardson explained the request for a side setback variance to construct a garage addition. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2388 • approving the variance per staff recommendation. Motion, Ayes 4, Nays 0. 11251 AUDREY SCHULTZ PARTIAL VACATION OF FOREST BOULEVARD RESOLUTIONS #2389 - #2397 Audrey Schultz was present for this matter. • J City Administrator Bernhardson explained the request for a partial vacation of Forest Boulevard, the remainder of Vine Place and portion of a park, Saga Hill Revised, plat. He noted that all property owners' within 350' of the subject properties were notified of the application. A number of affected property owners refused to join in the application, hence the proper legal notice has been given only for the proposed portion, therefore, a total vacation of Forest Blvd. is not possible at this time. City Administrator Bernhardson explained the issue of access to the Nelson property and the need for an easement agreement from 3 other property owners before a total vacation of Forest Blvd. could be done. He also noted an error on the plat map that shows a portion of the park as unvacated where in fact it is actually vacated. _. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • #1251 SCHULTZ CONTINUED Ms. Schultz noted that the main reason many property owners did not join in the application was their objection to paying for a survey. Zoning Administrator Mabusth stated that staff is going to be working with the other property owners toward a total vacation and at this point individual surveys of the properties are not necessary, but there will be a cost to the property owners involving the legal descriptions. The reason for the survey requirement for the Schultz's application was to establish the ordinary high water mark along Forest Blvd. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to adopt the Resolutions #2389 to #2397 vacating an unused portion of Forest Boulevard, an unused portion of Vine Place and a portion of a park, within the Plat of Saga Hill Revised, as proposed. And further give notification to affected residents of the intent to vacate the remaining portions of Forest Boulevard. Motion, Ayes 4, Nays 0. #1253 B. JOHN LINDAHL, JR. 1406 BOHNS POINT ROAD VARIANCE • RESOLUTION #2398 B.-John Lindahl, Jr. was present for this matter. 0 City Administrator Bernhardson explained the request to replace an existing accessory shed and detached garage with a single detached garage with an attic area providing much needed storage. Hardcover is not an issue. Zoning Administrator Mabusth noted that there will be major regrading to correct the severe grade of the driveway entrance. She also noted that applicant will be granting a road and utility easement to the City over the traveled portion of the roadway known as Bohns Point Road that intersects the subject property. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2398 as submitted. Motion, Ayes 4, Nays 0. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1257 CATHERINE A. CRAM 3760 WATERTOWN ROAD &PRELIMINARY SUBDIVISION APPROVAL RESOLUTION #2399 City Administrator Bernhardson explained the request to subdivide a 72 acre parcel into three lots. Zoning Administrator Mabusth' reviewed staff's recommended conditions. Catherine Cram was present for this matter and was, agreeable to these conditions. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to adopt Resolution #2399 granting approval of the preliminary subdivision per staff recommendation. Motion, Ayes 4, Nays 0. #1213 ROLLIE LACY 2655 NORTH SHORE DRIVE AMENDMENT OF ORIGINAL HARDCOVER APPROVAL Rollie Lacy was present for this matter. City Administrator Bernhardson explained the request to keep a shed scheduled for removal in exchanged for not installing structural decking within the 75 -250' setback area, which will result in an overall reduction of .4% • hardcover. Planning Commission found no problem with this exchange. City Attorney Barrett recommended this be done by formal resolution. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the request and direct staff to draft an amended resolution for formal adoption. Motion, Ayes 4, Nays 0. ENGINEER'S REPORT: GEO TEXTILE FABRICS City Engineer Cook presented information and samples of geo textiles fabrics for the Council. Staff recommended the use of geo textile fabrics versus the use of weed killers. It was also noted that if the fabric was installed properly it could be considered as non - hardcover, however the enforcement of maintaining the proper installation may create problems. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to table this matter at this time. Motion, Ayes 3, Nays 1. Councilmember Goetten voted nay noting she was in favor of staff's proposed • motion. Motion carried. 41 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 STORM SEWER - HIGHWOOD ROAD City Administrator Bernhardson introduced the feasibility study that was done in response to a petition by Highwood residents requesting a solution to a storm water ponding problem. Within the feasibility report are two alternatives for storm water piping and a third alternative to redo the road to redirect the drainage down the hill into a pipe. City Engineer Cook reviewed the feasibility study. Councilmember Sime felt that Alternative 1 was preferable based on his knowledge of the drainage in the neighborhood. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept the storm sewer feasibility report for the Highwood area as presented and designate April 25, 1988 as the public hearing date. Motion, Ayes 4, Nays 0. FEASIBILITY STUDY - BY -PASS LIFT STATION 110 Councilmember Peterson asked why the feasibility study is being requested at this point in time which to her seemed after - the -fact? MAYOR'S REPORT: City Administrator Bernhardson explained that they did not want to spend the money on the study prior to an agreement by the Metro Waste Control Commission to do the project in the manner that would allow the City to install the gravity line which is the subject of this feasibility report. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to direct the City Engineer to perform a feasibility study for a sanitary sewer by -pass of Lift Station #10 for an amount not to exceed $2,500.00. Motion, Ayes 4, Nays 0. There was no report from the Mayor. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 CITY ADMINISTRATOR'S REPORT: • COUNTY ROAD 15 FINANCING /LIGHTING RESOLUTION 12400 City Administrator Bernhardson explained the issue of determining the type of lighting the City would like on County 15, and the means of financing the lighting project. He noted that Mound and Spring Park have decided to go ahead with a decorative lighting project. Councilmember Goetten stated it would be aesthetically pleasing if Orono maintained the same lighting continuity from Mound and Spring Park. A resident in the audience asked if the lighting plan was in keeping with the City's beautification plan for Navarre and County 15? City Administrator Bernhardson stated that no actual landscape plan has been done but it is in keeping with what the other communities are planning. City Administrator Bernhardson explained the issues of selecting a design engineer noting the savings if the lighting project were done jointly with Mound and Spring Park. He further explained the issues of financing the • lighting project. For purposes of discussion, it was moved by Acting Mayor Callahan, seconded by Councilmember Sime, that the Council adopt Resolution #2400 and direct staff to make the necessary preparation for City owned lighting project on County 15 and finance the project through special assessment. Acting Mayor Callahan stated he was not entirely satisfied with assessing only the property owners along County 15 for a project benefiting the entire City or using money from the general fund. Councilmember Goetten asked if the City would get any credit from the existing poles? Public Works Director Gerhardson stated any credit would be minimal. Motion, Ayes 3, Nays 1. - Councilmember Peterson voted nay feeling the need for more input from the public and a different design of lighting. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to table the sources of revenue • issue to finance this project. Motion, Ayes 4, Nays 0. 001 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 ORONO COMPENSATION PLAN • RESOLUTION 12401 & #2402 City Administrator Bernhardson reviewed two changes since Council last considered the plan at their February 22, 1988 Council meeting regarding market condition adjustment and positions.above expected performance. Councilmembers Peterson and Goetten stated they now understood the plan. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, that the Council adopt Attachment A as its formal compensation program, and that it further adopt Attachment B including Resolution #2401 to implement the plan and that Council also adopt Attachment C by Resolution #2402 for proration of part - time benefits. Motion, Ayes 4, Nays 0. 1972 SHADYWOOD ROAD City Administrator Bernhardson explained the issue of resolving the problem of the large congregation of ducks which is detrimental to other properties. Staff recommends Council hear comments and table the issue for further consideration before undertaking further action. Mrs. & Mrs. Lloyd Nehring were present for this matter. • Mrs. Nehring did not understand the basis of pursuing this matter because the few complaints were not from residents within a close proximity to their home. She noted that they were found not guilty and requested that the City drop this issue. U Mr. Arthur Finkelstein, 1740 Shadywood Road, stated he has a problem with excessive amounts of waterfowl in the Bay and invading his property which is a health hazard and nuisance. Councilmember Sime voiced his strong opinion that there is a "very real health hazard" associated by the abnormal concentration of ducks and geese. He noted that his wife has suffered because of the life threatening situation. Councilmember Goetten stated that while she is a protector of waterfowl and other wildlife, she does not believe in feeding animals and waterfowl which keep them from their natural environment and migration. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, that the Council table this item for further consideration. Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • FOREST ARMS PURCHASE AGREEMENT Acting Mayor Callahan explained for the public present the issue of modifying the Forest Arms Purchase agreement to allow for reduction in quarterly payments by the prorated share of any amount of any prepayments. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, that the Council adopt the modification of the proposed agreement for incorporation in the purchase agreement in the Forest Arms Homeowners Association to the City of Orono. Councilmember Peterson stated she requested that this issue be brought back to Council so she may vote to approve the modification at this time. Councilmember Goetten noted her previous concern regarding the prior document and legal costs and agreed that she too is in favor of the proposed modification. A spokesperson of the Forest Arms Homeowners Association stated this was acceptable to them. Motion, Ayes 4, Nays 0. PEDDLERS /SOLICITORS • City Administrator Bernhardson explained the issue regarding a letter from Helen Skaret together with a petition from various Orono business people against peddling in Orono. At the March 14th meeting, Council took no action to amend the current soliciting ordinance. He noted that since that meeting, staff has discovered that the property on which this activity has been conducted is zoned residential. Staff recommends that that this type of activity be conducted on commercially zoned property, however, does not feel the the solicitor /peddler ordinance should further be restricted. Mrs. Helen Skaret was present for this matter and stated she felt the policy was unfair to the competition of other businesses. Mr. & Mrs. Al Penke, owners of the "Roses" truck, were present for this matter. Mr. Penke did not feel it was unfair on the basis of free enterprise which is not restricted only to him. He noted that because of the required quarterly solicitors permit, he is scrutinized much more closely than any other businessman in the community. He stated that he rents that property which has had a on -going commercial ice business for many years. 1 • 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • PEDDLERS /SOLICITORS CONTINUED Paul Larson, owner of the property rented to Mr. Penke, stated he purchased the property based on the income for Mr. Penke and the ice machine and felt this property should be rezoned because of the surrounding commercial property which makes it unrealistic that his property would ever be used as residential property. Councilmember Goetten felt that the Skaret and Penke operations were two different types of businesses and she did not wish to interfere with free enterprise. Councilmember Sime agreed with Councilmember Goetten. Acting Mayor Callahan felt that this property should be rezoned because it is unlikely to be use residentially. He also questioned the connection of a solicitors permit to Mr. Penke's type of business. Acting Mayor Callahan recommended tabling until the next meeting pending a report from staff regarding the possible rezoning of this property; and an opinion from the City Attorney regarding the need for a solicitors license for Mr. Penke's business versus a regular business license. • It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to table this matter pending additional information. Motion, Ayes 4, Nays 0. CABLE TV - °CITIES MAGAZINE' City Administrator Bernhardson explained the issue of determining the Council's level of interest together with any issues they may have as to the City Administrator being part of a City Administrator /Manager - Cities Magazine on the local cable TV channel. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, the Council authorize the Administrator to participate in the Cities Magazine on cable television. Motion, "Ayes 4, Nays 0. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • CITY /SCHOOL INTERVENTION AGREEMENTS Councilmember Peterson suggested that the public be made aware of this intervention service by publication in the local newspaper. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to accept the information and extend their thanks to the Police Department for executing agreements with Westonka and Wayzata school districts with the work done by Chief Kilbo in helping the Hennepin County Attorney's office in formulating the model agreement. Motion, Ayes 4, Nays 0. STEP INCREASE - LARRY TOMCHECK* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that Council approve the step increase for Larry Tomcheck effective April 7, 1988 from $12.129 per hour to $13.645 per hour in accordance with the L.E.L.S. bargaining unit labor agreement. Motion, Ayes 4, Nays 0. STEP RATE LONGEVITY - MIKE KIRNYCZUK* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council approves the longevity step increase for Mike Kirnyczuk, effective February 15, 1988, from $15.615 per hour to • $15.919 per hour in accordance with the L.E.L.S. bargaining unit labor agreement. Motion, Ayes 4, Nays 0. • HISTORICAL BUILDINGS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council accept the information regarding Historical Buildings and the Westonka Hennepin Pioneer Museum. Motion, Ayes 4, Nays 0. 1987 SUMMARY OF RECEIPTS,. DISBURSEMENTS AND BALANCES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council accept the 1987 Summary of Receipts, Disbursements and Balances as information only. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved Councilmember Bernhardson's Motion, Ayes 4 by Councilmember Sime, seconded by Peterson, to accept City Administrator information regarding: Facilities Study. , Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett updated the Council on the outcome of the Nehring court case. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 • LICENSES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: , Solicitor's License - Dowden Cablesystems Septic System Installer License Don's Backhoe & Excavating Motion, Ayes 4, Nays 0. • 0 BILLS It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:28 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to adjourn the regular Council meeting at 10:28 P.M. Motion, Ayes 4, Nays 0. ATTEIST : i o thy M. allin, City Clerk Edward J. Call han, Jr., Acting M or 16 3 -28 -88 I enjoy wildlife and the out of doors very much, and have spent _r a large part Wmy adult life fishing, hunting and camping. The beauty of nature and the itement of seeing the animals, birds and plants in their natural habitat has been and is still a real thrill for me. The excessive feeding of waterfowl on a regular basis attracts a large number of birds in a very concentrated area. This is not a normal or a healthy situation. Constant feeding, compounded by the maintenance of open water in the winter months, encourages these birds to stay all winter, instead of migrating South. Many neighbors on Crystal Bay have been subjected to the inconvenience caused by the large amount of droppings which are left on their docks and in their yards, and have - complained to the City of Orono. They are looking to the City of Orono for help. Our residents have a right to expect the City of Orono to do away with this nuisance so that they can enjoy their property on the lake without the filth created by the abnormal concentration of ducks and geese. Aside from the unsightly appearance and foul smell, there is a very real health hazard which is associated with this problem. As-you probably know, a malady called "swimmer's itch" is caused by mites which incubate in the excrement from' these waterfowl. This is a very irritating disease. It is also expensive to property owners adjacent to this area as we must pay to have state licensed and approved operators treat the water so that we can use the lake. i�l,ile this type of problem is not usually fatal, one other aspect of this Wation can in fact be life threatening! In February of 1987, my wife• had part of-her lung removed surgically at the Mayo Clinic. The growth removed from her lung was . - a residual fungal infection, or, if you will, histoplasmosis. The doctors informed me that this problem could have been caused by spores from the concentrated droppings in our area. Since we live so close to this large concentration of waterfowl, there is no doubt in my mind the pain and suffering my wife went through is directly related to the actions which have attracted these birds. My wife has suffered permanent loss of part of her lung capacity. She has difficulty breathing, and even after over a year of recuperation is not fully recovered. This council and the city staff are charged with the responsibility of protecting the health, safety, and welfare of the residents of this community. In order to spare other residents of our community the agony, disfigurement, pain.and suffering my wife has endured, we must use every means at our disposal to eliminate this deadly health hazard. 0