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HomeMy WebLinkAbout09.21.98 Council Minutes COUNCIL MINUTES REGULAR September 21, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Gamer, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Minnesota Manufacturer's Week October 12-16, 1998 b) Proclaim Pollution Prevention Week September 21-27, 1998 MOTION by Gamer, second by Cordes to approve Proclamations. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Gamer, second by Fitch to approve the Consent Agenda as follows: a) Approved Council Minutes 9/8/98 (Regular) b) Approved City participation in County Auction c) Approved school and conference request - Police Department d) Approved appointment recommendation - Public Works Department e) Authorized 1998 audit engagement t) Approved capital outlay purchase - Fire Department g) Authorized facility improvements - Park & Recreation Department h) Authorized tower removal - Park & Recreation Department i) Adopted RESOLUTION R88-98 approving participation in Livable Communities Act - 1999 j) Approved change order - pool bath house/Rambling River Park restroom k) Approved bills APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS d) St. Michael's City Fee Waiver Requests This item was moved forward in the agenda to accommodate the audience. St. Michael's Catholic Church requested the storm water management fees and park land dedication fees be waived or reduced for the new church being developed at the intersection of Ash Street and Denmark Avenue. The recommendation of the Park Board was that the park dedication fees for this project be based on the Council Minutes (Regular) September 21, 1998 Page 2 CommerciallIndustrial rate rather than the Residential rate. Staff is reluctant to recommend approval of waiving this fee entirely as other non-profit organizations may pursue the same type of fee waiver request. Pastor Eugene Pouliot, St. Michael's Church, stated he is grateful for the hard work of City staff and Council and asked Council to consider waiving the fees. Mr. Bill Beckfeld, Building Committee Co-chair for St. Michael's Church, stated he appreciated recommendation for the park fees. It is his understanding that Outlot A needs to be dedicated to the City. He also stated, staff is recommending Outlot B not be permitted to be platted as an outlot since improvements will be constructed on this lot, and will serve as a portion of the front yard. Regarding storm water management fees, Mr. Beckfeld felt a precedent had been set by Bible Baptist Church. He requested waiving of storm water management fees entirely. Ann Nichols, Church of the Advent, stated they support St. Michael's Church. Staff said the City had to consider the amount of water coming from the large parking area. The Commercial rate with the credit is less than the residential rate. The fees go into the storm water fund which provides storm water facilities for the entire city. The City will grant an estimated $80,300 credit towards fees. The Mayor stated a precedent was also set with Congregate Care and that we need to look to the future. Pastor Pouliot asked if there wasn't a difference between Congregate Care and churches? Edwin Holmes, 612 Main Street, stated St. Michael's is a big asset to the community. The pond will be adding water 365 days. There is a big difference in non-profit organizations. Ron Thelen, 1021 6th Street, asked why not put the credit towards the Residential rate instead of the Commercial rate? Staff replied if credit was applied to the Residential rate, the City would owe St. Michael's. Mr. Beckfeld stated the ponds would be different because of the storm water management. Staff replied a credit can be issued because the church is building the ponds on their site. Mr. Beckfeld said the pond is not a nice amenity. It has become a very large pond system and the church would prefer to send the water someplace else. The church does not want the pond. Councilmember Fitch asked if the pond could be moved somewhere else and the church would have to pay the storm water fees. Staff replied this location is the best solution for developing the site and that the church would have to pay the entire amount of the fees if they do not construct the pond on their property . Mr. Beckfeld said the church has a good relationship with the City and thanked Staff for their efforts. Councilmember Cordes asked if there was a different definition for non-profit. Attorney Jamnik stated an infinite variety in billing systems could be created, however, as system definitions become more complicated, the system becomes more subjective and prone to challenge. Current City code does not have a distinction for storm water systems. Councilmember Cordes asked if the fees are waived for St. Michael's, could the Eagle's, for example, come back with the same request? Attorney Jamnik replied, Council Minutes (Regular) September 21, 1998 Page 3 yes. Any non-profit organization could say we want the same deal. We contribute to the community. The Mayor stated Council would have to evaluate each contract at that time. Staff stated other organizations are paying taxes. The church does not. Councilmember Cordes asked if the Council was allowed to waive the fees. Attorney Jamnik replied, yes, as long as it is not based on religion. Staff inquired if waiving the fees could be characterized as a gift? Attorney Jamnik replied yes. However, if it is not a direct appropriation, it is not a gift. Charlie Sieber, 1995 Enchanted Way, stated policies are not being enforced. Council needs to look at each entity and at what the church stands for. This would outweigh anything St. Michael's is charged. How many non-profit organizations have over 100 years of history? Council needs to go back to the merits of St. Michael's. Charlie Sieber stated the City isn't billed for volunteer work. The church volunteers because it is the right thing to do. Councilmember Fitch stated when the next organization comes, how does Council tell them no? How does Council determine who has merit? Council is trying to develop consistency. In review of the storm water ponds constructed on the 8t. Michael's Church site, staff recommended, and Council approved, that the ponds on the church site--which they are required to build regardless--be designated and treated as a "trunk system." As there is no "trunk system" in the area of the church site, the storm water management ponds constructed on their site will be acting as trunk facilities. (At the October 5, 1998 Council Meeting, Council requested this paragraph be inserted for clarification). Councilmember Strachan stated the City has good policies. It is a matter of enforcing them. The fees have been reduced by 75%. MOTION by Strachan, second by Fitch to reduce the Park Dedication Fee by applying the commercial rate, and apply the Commercial rate for storm water management. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Conditional Use Permit - Nelsen Hills 7th Addition Grading Permit Heritage Development has applied for a conditional use/grading permit for grading work to occur within the 7th Addition of the Nelson Hills Farm development. Staff recommended approval of the permit contingent on the following: I) The developer grades the 7th Addition at his own risk. 2) Approval of the grading plan by the City Engineering division. 3) The required surety is posted and the Developer pays the appropriate fees. 4) All information required should be submitted prior to City Council approval of the permit. 5) The Developer does everything within reason to have grading completed this year. MOTION by Fitch, second by Gamer to approve the conditional use/grading permit for Heritage Development based on the Council Minutes (Regular) September 21, 1998 Page 4 contingencies established by the Planning Commission. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Submittal of 1999-2003 CIP The City Council was presented with a draft Capital Improvement Plan (CIP) identifying proposed projects to be completed over the next five fiscal years. MOTION by Gamer, second by Fitch to schedule a Council Workshop to review the 1999-2003 CIP for Wednesday, October 21, 1998 at 7:00 p.m. in Council Chambers. APIF, MOTION CARRIED. b) Adopt Resolution - Accept U.S. Justice Department COPS Grant The Farmington Police Department applied for and received COPS Fast Grant from the United States Justice Department. This Grant is in the amount of $75,000 over a three-year period, and is the second such grant received by the Farmington Police. MOTION by Gamer, second by Cordes to adopt RESOLUTION R89-98 accepting the U.S. Justice Grant in the amount of $75,000. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Set 1998 Sealcoat Assessment Hearing Date The total project cost for the 1998 Sealcoat project is $54,678.24. The total amount to be assessed to benefiting properties is $18,700. The City's portion of the project cost is $35,978.24. MOTION by Fitch, second by Gamer to adopt RESOLUTION R90-98 declaring the costs to be assessed and setting the assessment hearing for October 19, 1998. APIF, MOTION CARRIED. b) Prairie Creek 3rd Addition Citizen Petition The City Council held a workshop to consider staffs initial findings regarding drainage issues in the Prairie Creek 3rd and 4th Additions. The Council authorized the following outcomes: 1) The Senior project team is to meet with the Developer of Prairie Creek to discuss the issues and determine a plan to resolve the issues identified at the Council workshop. 2) A project that would resolve the issues identified is to be added to the draft of the CIP. 3) The Senior project team is to review possible funding mechanisms for the project. 4) Identify an appropriate loss control strategy relative to City project funding costs. MOTION by Gamer, second by Cordes authorizing project actions as presented. APIF, MOTION CARRIED. c) Ash Street Project Committee Update City committee representatives met with Township representatives on September 9, 1998 to continue discussions relative to the provision of municipal services to township properties with failing septic systems. The Township committee decided to pursue private septic system upgrades. A discussion was held regarding having an independent engineering firm conduct a feasibility study on storm water drainage. Council Minutes (Regular) September 21, 1998 Page 5 However, the Mayor was comfortable with the study presented by the City Engineer and preferred having the City and township engineers work together. On the issue of whether Ash Street should be reconstructed or overlayed, Council is in favor of reconstruction, not overlay. Staffwill send a letter to the Castle Rock Town Board supporting the reconstruction of Ash Street. 12. NEW BUSINESS a) Sanitary Sewer Rate Analysis The City currently charges its residential sewer customers a flat rate of$65.30 per quarter for sewer service. Staff recommended that Council adopt the proposed residential sanitary sewer base rate of $28 for the first 10,000 gallons of water used and $2.20 per 1000 gallons of water over the 10,000 gallon minimum usage. Winter quarter will be used as the base quarter to affix the maximum quarterly charge for the year. MOTION by Strachan, second by Gamer to adopt the proposed residential sanitary sewer base rate. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fitch: Pilot Knob looks good. Congratulations to Bill Weierke on his promotion. City Administrator Erar: Suggested deferring the Towing Contract Workshop to October 21, 1998 with the ClP Workshop. MOTION by Gamer, second by Cordes to move the Towing Contract Workshop to October 21, 1998. APIF, MOTION CARRIED. Administrator Erar also stated the railroad will not comply with the train whistle ordinance. Staff should receive a letter from them this week. Councilmember Cordes stated the City of Rosemount is also looking at a train whistle ordinance. Community Development Director Olson: Advised Council the Planning Commission approved the contract for the Hosmer Brown building. Parks & Rec Director Bell: The arena team rooms will be done soon. Mayor Ristow: It is hard for the audience to hear Staff. Requested a microphone be added for Staffs use. 14. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 10:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, /:' ~-?/ d~ ':f~d/ 7nueee~ f..-/" Cynthia Muller Executive Assistant