2000.11.06 CC Minutes - Laserfiche WebLink

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City Council meeting of November 6, 2000 Page 5 Barnes made motion, Stoltzman seconded, authorizing staff to develop cost estimates for the: 1) construction of a 3' retaining wall; and 2) installation of pipe and surface grates. Staff will bring this information back to a future meeting. All aye. Motion Carried. SITE OPTIONS FOR NEW WATER TOWER At its October 16, 2000 meeting, the Council listened to a presentation from City Engineer, Dave Mitchell, in regard to the location site suggested for the new water tower. Specifically, the City Engineer recommended, along with City staff, a location in the northeastern comer of the Martha Peltier property, and Council directed the Engineer to proceed with acquisition of the property. City staff followed up that directive, walked the entire site, and discovered a better location for the water tower site is on property located immediately adjacent and north of the Peltier property. The City Engineer discussed Option B, stating the property was 2' higher than the Peltier property, and for the most part, would be difficult to develop. Barnes made motion, Stoltzman seconded, authorizing staff to negotiate with the property owner for Option B for an alternate site as a site for the City's new water tower. VOTING AYE: Barnes, Haas, Stoltzman VOTING NAY: Petryk ABSTAINED: Leroux Motion Carried. JACKSONS' STORMWATER PONDING AND TRUNK FEES Earlier this summer, the Council approved the Development Agreement for the Jacksons' for the BEIP 0 Addition. The Council directed the City Attorney to include specific language in the Development Agreement that addressed the assignment of the stormwater ponding and trunk fees whereby City staff and the Jacksons' would be afforded an opportunity to discuss them further since they were not in agreement to fees suggested by the City. Staff has met with the Jacksons' a number of times over the past number of months, and has been unsuccessful in the determination of fees that are acceptable to both the Jacksons' and City. On October 29, 2000, staff met with Council members, Jim Leroux and Deb Barnes, to discuss the assignment of the Jacksons' fees in more detail, and have agreed to recommend to the Council that fees be set at $254,645.70 for stormwater ponding fees and $23,666.45 for trunk fees. The Jacksons' have two options: 1) accept the fees as recommended and approved by the Council; or 2) go to binding arbitration as described in the Development Agreement. Tom Jackson requested that the Council delay action on this matter because of a possible discrepancy on how much of their land actually drains into the ponding area. Council member Barnes felt that the City had discussed this issue extensively, and felt there was no need to delay action. Haas made motion, Barnes seconded, to accept staffs recommendation to set the Jacksons' stormwater ponding fees at $254,645.70 and trunk fees at $23,666.45. If the Jacksons do not agree to payment of these fees, it is recommended that the matter be turned over to the City Attorney for binding arbitration as outlined in the May 2000 Jacksons' Development Agreement.