04/14/2003 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MINUTES APRIL 14, 2003 APPROVED 0281 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 282 283 Consideration of Resolution No. 03-53 Authorizing Centennial School District to install a 284 private well at Rice Lake Elementary School — City Administrator Waite Smith stated there was a 285 budget meeting at the school tonight, so the Superintendent and Finance Director are unavailable. 286 The Deputy Superintendent is in attendance. She summarized the staff report, and indicated staff 287 recommendations need to be consistent with existing regulations, therefore they are recommending 288 denial, but the City Council has the authority to make exceptions. 289 290 Councilmember Reinert asked if staff has been able to determine actual cost savings. City 291 Administrator Waite Smith stated that information was in the Friday packet, and their analysis shows 292 approximately $8500. She indicated the School District report was based on utility bills at schools 293 with irrigation wells. Rice Lake pays approximately $20,000 more than the other schools. 294 295 Councilmember Carlson noted that only Rice Lake Elementary is in town, and the others, in other 296 surrounding cities that have lower water fees, which may account for some of the difference. She 297 stated she asked the City Attorney if the City Council has a legal right to do this, and to what degree. 298 Specifically, do they have the right to say no based on Section 401.15, since the school is not new; 299 and secondly, does the City Ordinance address irrigation wells. 300 301 City Attorney Barry Sullivanindicated that it sounds like the school is asking for a private well, 302 whether irrigation or otherwise, and he is not aware of any State statutes that would prevent the City 303 Council from allowing it. 04 305 Councilmember Carlson asked if the district even has to ask, since the well is not being hooked up to 306 their building. City Attorney Sullivan indicated he would assume staff reviewed this when they came 307 in for a permit to drill, and that is why the question is before the City Council. 308 309 Councilmember Carlson stated that in the findings, it appears the City Council would approve this 310 because of the cost and the fact it is public money being used to pay the bills, but that would be 311 narrowing who could have a well such as this, and asked if they were being fair. 312 313 Mayor Bergeson indicated there were other public facilities, like the prison, and could be others in the 314 future. Councilmember Carlson asked if the prison had a well. She stated Lino Lakes' water mains 315 were higher, and they made that decision because of their desire to be able to maintain them. She 316 stated if they open this option too wide, it would hamper the City's ability to support their mains. 317 318 City Attorney Sullivan agreed they do not want to be too broad, and it is up to City Council 319 discretion. 320 321 Councilmember Carlson asked about the City Code, which says financial need cannot be used as a 322 determining factor for a variance. She stated they have five standards, and this would not meet any of 323 them. City Attorney Sullivan indicated in his opinion he does not see this as being a zoning variance 324 that would need to meet those standards, but it might be an analogy. 325 326 Councilmember Carlson stated she meant it as an analogy, making the point they need to be a3327 consistent and fair with everyone, and if they do not have standards, that becomes difficult. 28 7