03-25-1991 Council Packet - Laserfiche WebLink

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& LINDQUIST &. VENNUM Orono city Ccuncil Decerxer 7, 1990 Pace 2 ■?2uailies. If one analyzes the front foorage of the faniiies in favor of this inprovemenr, then (according to the schedule attached) only 20.5% of the front footage is in favor of this improvement. If one calculates on an area basis, cuffs' petition is supported bv 21.5% of the persons affected by this improvement. Tom Barrett went on to point out to you t.hat you were bound by the provision of Minnesota Statutes Chapter 429.031, Subd. l which requires t.hat if there is a petition signed by the owners of 35% of the frontage of the real property abutting on the streets named in the petition as the location of the improvP!^Pnt, then you could approve such a project if there were 3 votes in favor of the project out of the 5 member council. But, if the percentage of those in favor of the project is less t.han 3 5%, then it requires an affirmative vote of 4 council members out of 5 council members. Note that the voting requirements are in terms of numbers of people on the council, and not percentage majority of a quorum of the council sitting. The Cuffs have apparently stated that there is some water problem in their basement. To the extent there is a water problem in their basement, it has nothing whatever to do with the drainage across Lot 17. Any drainage problem relating to the cuffs* basement is as a result of the driveways for Lots 15 and 16 which are one comirfbn driveway. Therefore, any discussion of water problems in the Cuffs' basement is not pertinent to this special improvements project. In addition to the Cuffs evidently wanti.ng an underground pipe storm drainage system, racher than a surface swale drainage system, it may be that the City of Orono is also interested in a new drainage system. Evidently the city is concerned about water ponding on Livingston Avenue. This is a city matter relating to maintenance of a city street and is unrelated to a special improvements project which is proposed here as benefiting the neighbors. Secondly, with regard to Orono's own interest in draining water off of Livingston Avenue, it is the considered opinion of those opposed to this improvements project that the only reason the water doesn't flow off Livingston Avenue is that the earth has built up on Lot 17 as a result of the erosion after the grading work the Cuffs did which they then did not properly protect with seeding and planting. A small amount of grading from Livingston down the drainage swale would re-open the swale and allow the water to flow off Livingston Avenue. It is evident that the city