09-12-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) McMillan stated if the fee waiver were approved, it would be very hard to say to the next person who says they purchased their property and this is the way it was. McMillan stated fence contractors need to know what the City's rules are. McMillan stated the City has had numerous fence violations in the past and that there was a property owner on Shadywood that erected a fence that was too high and the City made them reduce it. McMillan stated the City attempts to stay on top of things as much as possible but that they do not catch all things. McMillan stated since the fee has not been waived in the past, it would be difficult to say no to the next person. McMillan stated the City Council has to think of the whole City and what has happened in the past and what could happen in the future. McMillan commented that might not seem fair to him, but the Council and Staff have to be fair to everyone. Walsh stated the Council has probably never voted to waive the fee, but that the Council has never voted to fail a neighbor when there are clear violations and the City has decided not to enforce. Walsh stated in his view the City has failed the neighbor and that the City should help fix this problem because the City has not been fair on the whole situation as it relates to non -enforcement. Walsh stated enforcement of the City's regulations could perhaps have solved these problems long ago and that the City has brought this upon themselves. Walsh stated in his view this is a very unique situation. McMillan noted there have been other neighborhood disputes in the City and that this is not the only one. Lanpher stated those disputes have not involved situations where the City has failed to enforce their regulations. Lanpher noted in January of this year the Council voted to not pursue the other violations on the neighboring property and that he would like to make a formal complaint that the City has failed him and his wife. Lanpher noted he has gone all the way up to the state legislature and the Hennepin County attorney's office to see if he can rectify some of the injustice that they have experienced. VOTE: Ayes 2, Nays 2, Levang and McMillan Opposed. MOTION FAILS. 13. SEX OFFENDER PRELIMINARY DISCUSSION Barnhart stated a couple of weeks ago the Council directed Staff to provide some preliminary background information associated with the location regulations relating to Level III sex offenders. The City Attorney and Staff have compiled some information, as well as some sample state statutes, for review by the City Council. Barnhart stated Staff is looking for direction from the Council on how they would like Staff to move forward. Barnhart noted Staff is not providing any recommendation to adopt a specific ordinance. Printup recommended the City move forward with this item and noted they have previously talked about creating a new ordinance. Printup stated even though it might not be pressing city business, it has become a very timely issue in the area with Tonka Bay having a Level III person move into their city and putting everybody on high alert. Printup stated while that person is not there any longer, it shows that it can happen at any time and that he is advocating for the ordinance to help prepare for the future. Printup stated the City Council now has a template that they can look at and that it has stood the test in court. Page 12 of 15