HomeMy WebLinkAbout6.aa. Request for Amendment to LAWCON Grant to Build a Public FacilityCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: October 7, 2003
Staff from Independent School District (ISD) 196 have asked the City of Rosemount to submit a letter to the
Minnesota Department of Natural Resources (DNR) requesting an amendment to a Land and Water
Conservation Fund ( LAWCON) Grant awarded to the City of Rosemount and ISD 196 in 1980. The request is
an attempt to seek approval of building a public facility on a LAWCON assisted site. Public facilities are
considered items that do not support the original outdoor recreational internet of the grant. Public facilities
include items such as water towers, well houses, etc. -
ISD 196 would like to lease a portion of their land that is covered by the guidelines of the LAWCON Grant to a
private — commercial recreation business. The commercial business plans to construct an inflatable dome to
house indoor athletic events. To start the process of amending the original grant agreement, the DNR has
requested that the local unit of government that was awarded the grant make the written request to seek the
amendment.
City staff have met with ISD 196 staff and have prepared the attached letter for your review. Should this request
for an amendment be approved by the DNR, the letter would then be sent forward to be reviewed by the
National Park Service Regional Office in Omaha, Nebraska and then to the national office in Washington D.C.
Should the Council be in support of the attached letter, staff will prepare the letter to be signed and sent to the
DNR for their review.
AGENDA ITEM: Request for Amendment to LAWCON Grant to
AGENDA SE CTION Consent
Build a Public Facility.
PREPARED BY: Dan Schultz, Director of Parks and Recreation
AGE
"6 A
ATTACHMENTS: Letter to DNR WILL BE PxovinEn PRIOR To
APPROVED BY:
MEETING
RECOMMENDED ACTION: Motion to approve the submittal of the written request to amend
LAWCON GRANT Number 27- 01040.
COUNCIL ACTION:
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October 8, 2003
CITY HALL
2875 145th Street West
Rosemount, MN
55068 -4997
Phone: 651 - 423 -4411
Hearing Impaired: 651- 423 -6219
Fax: 651 - 423 -5203
Via Facsimile and U.S. Mail
(651) 296 -6047
Mr. Wayne Sames
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155 -4010
Re: Construction of Public Facility on L &WCF Assisted Site — Irish Dome
Dear Mr. Sames:
We are writing on behalf of Independent School District No. 196 ( "School District ") and the City
of Rosemount ( "City "). The purpose of this letter is to formally notify the Department of Natural
Resources ( "DNR ") and the National Park Service ( "NPS ") of a proposed project to construct a
domed, recreational facility on a Land and Water Conservation Fund (L &WCF) Assisted Site.
In the event that the DNR and the NPS consider the domed, recreational facility to constitute a
"public facility" within the meaning of Chapter 675.9.3.D of the L &WCF Grants Manual, then
we seek the specific approval required by that section of the L &WCF Grants Manual.
BACKGROUND
As you are aware, the School District is currently pursuing a project to erect a multi - purpose,
domed, recreational facility ( "Facility ") on School District property. The Facility will be used
primarily for recreational and athletic purposes. The Facility will bed permanent inflatable `
structure with an athletic turf surface that can be configured into various types of athletic fields,
primarily for softball and soccer. The School District cites the many new recreational
opportunities the proposed Facility will provide for public school students and the larger
community as its reason for pursuing this opportunity.
The proposed Facility will be placed on property that is covered by a LAWCON grant awarded
in the late seventies to the School District and the City. It is our understanding that DNR is in
possession of the relevant grant documents.
The School District is partnering with a private organization named Irish Dome L.L.C. on this
project. DNR recently reviewed a proposed lease between the School District, Irish Dome
L.L.C. and the City. The proposed lease governs the responsibilities of the parties with respect
to the proposed Facility. The proposed lease was also reviewed by the NPS. The parties have
Mr. Wayne Sames
October 8, 2003
Page 2 of 5
revised the proposed lease in accordance with your recommendations and the recommendations
of Bob Anderson of the NPS. A copy of the revised lease is enclosed. The ISD 196 School
Board and the Rosemount City Council are scheduled to consider the proposed lease at their
respective meetings on October 27 and November 3, 2003.
At the time you reviewed the proposed lease, you advised us that the Facility may be considered
a "public facility" such that it must meet certain specific criteria. You requested this submission
to respond to the criteria.
REQUIREMENTS FOR APPROVAL OF A PUBLIC FACILITY
It is our understanding that there are eight (8) prerequisites for the construction of a facility on an
L &WCF Assisted Site. These prerequisites are described in Chapter 675.9.3.D of the L &WCF
Grants Manual.
It does not immediately appear that the Facility, as currently proposed, constitutes the type of
facility that would trigger the limitations placed upon the construction of a "public facility." As
you are aware, the Facility is clearly intended to create more opportunity for recreational
activities, not less. As will be explained elsewhere in this letter, the specific portion of the
L &WCF assisted site upon which the Facility will be placed is currently home to baseball,
softball and soccer fields. The facility will continue this exact use of the site. Further, it will
enhance usage by allowing for year -round play. It does not appear that this type of a facility
requires approval as a public facility.
In the event that the DNR and the NPS determine that the Facility falls within the definition of a
"public facility" such that DNR and NPS approval of the construction is required, we believe that
the eight (8) prerequisites for the construction of a public facility can be easily satisfied. Each of
the eight (8) prerequisites is addressed below:
1. All design and location alternatives have been adequately considered and rejected.
Irish Dome L.L.C. and the School District have considered design and location alternatives and
rejected other options.
As stated above, the concept behind the Facility is to expand the recreational opportunities
available to the community. The Minnesota wintertime is long and characterized by very low
temperatures and significant snowfall. These factors have the effect of limiting outdoor
recreation. A domed recreational facility will allow community members to continue to use the
L &WCF assisted site for recreational pursuits even during inclement weather. There is not
another design that will offer such opportunities without compromising outdoor resources.
The parties considered other location alternatives that are not on an L &WCF assisted site. The
entire campus of Rosemount High School was considered as a potential site for the Facility.
Markings were laid out on three different locations and configured in various ways to encompass
the Facility's size requirements. Only one site emerged as a realistic possibility. The other two
sites were rejected because use of these sites for the Facility would restrict current classroom use
Mr. Wayne Sames
October 8, 2003
Page 3 of 5
of athletic fields and force classes to use less convenient fields which would shorten class
periods. Further, the alternative sites would have provoked more significant concerns about
available parking space than does the selected site.
The L &WCF assisted site will enhance, rather than compromise, classroom use of recreational
property. In order to fulfill most of the Facility's parking needs, the project includes
construction of a new parking lot on a remnant piece of L &WCF land adjacent to the facility.
:There is also the possibility of utilizing an existing parking lot adjacent to the site that is owned
by the City, although terms of that use have not yet been negotiated.
2. The proposal has been adequately reviewed and recommended at the State level.
It is our understanding that the DNR received information and input with regard to the project,
and that it meets with DNR approval.
3 & 4. The structure and use of the Facility is compatible with outdoor recreation, will
increase outdoor use and outdoor use remains the overall primary function of the site.
The L &WCF assisted site as a whole encompasses both City property and School District
property. The portion that is managed by the City is comprised of a public park complex with
playground equipment, picnic tables, a pond and woods, and a parking lot.
The portion of the L &WCF assisted site that is managed by the School District is made up of
lower fields and upper fields. The lower fields include a baseball field and two soccer fields. '
The upper fields include two fields that are used as softball and baseball fields in the spring and
soccer fields in the fall. Smaller practice fields adjoin the two fields. The proposed Facility will
be placed on the upper fields.
The School District fields (both upper and lower) are generally used by public school students
during the school year, but they are also used by members of the general public for pick -up
games and scheduled activities. The school use is generally limited to about three hours per day,
Monday through Friday during the months of August, September, October, April and May.
The proposed Facility is expected to substantially increase recreational use of the L &WCF
assisted site during the day, in the evening, and on the weekends twelve months a year by school
and community groups. The increase in recreational use is anticipated because an indoor facility
increases recreation during inclement weather (as explained above) and during evening hours
due to the advantages of indoor lighting. The current users of the fields will not be displaced,
rather they will now have the advantage of a year -round facility. Several community groups have
already expressed their intention to increase their usage of the site due to the benefits of an
indoor facility.
Although the erection of the Facility is expected to greatly enhance recreational use of the site,
outdoor use will remain the overall primary function of the site. The remaining outdoor portions
of the L &WCF assisted site will be still used for baseball and soccer by Rosemount High School
teams, as well as by community groups such as the American Legion team, the town team, the.
senior Babe Ruth team, the RAAA and Dakota REV. The City park complex will remain intact.
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October 8, 2003
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Further, it is believed that the increased use of the School District property due to the Facility
will actually attract more users to the outdoor portions of the overall L &WCF assisted site. The
School District believes that this will happen for two reasons. First, the site is out of the way and
tucked away from the main road. The development of the Facility on the site will increase the
public's awareness of the overall site as a place for public recreation, both indoor and outdoor. In
addition, it is expected that parents who drop off their children for an activity in the Facility may
choose to remain on the outdoor portion of the site to pass the time while waiting for their child
or to play with other children in the park complex or on the School District's outdoor lower
fields.
5. Potential and future benefits to the total park's outdoor recreation utility are
identified and contrasted with any costs or detriments. A net recreation benefit is the
result.
The benefits to the total site's outdoor recreation utility are identified in our response to items
three and four above. The cost or detriment is self evident in that one portion of the site (the
School District's upper fields) can no longer be used as outdoor fields. Although this portion of
the site can no longer be used as outdoor fields, it is believed that the Facility will attract many
more users than the outdoor upper fields attracted, thus resulting in a net recreation benefit. In
addition, as explained above, it is expected that with more users coming to the area to access the
Facility, the use of the remaining outdoor portions of the L &WCF assisted site will increase.
6. The Facility is under the control and tenure of the public agency which sponsors
and administers the original park area.
This is addressed in the enclosed proposed lease agreement between the parties. The proposed
lease incorporates the suggestions of the DNR and the National Park Service.
7. The proposal has been subjected to specific public review.
The Facility has been the subject of public review. Additional opportunities for public review
exist in the future.
The School District presented a report regarding the proposed Facility at an open, publicized
School Board meeting held on May 12, 2003. Two Rosemount community members voiced
their support of the Facility at that meeting. No community members spoke in opposition to the
Facility. The minutes of that School Board meeting are attached and relevant portions of the
minutes are identified. The minutes were later published in the newspaper.
The lease between the parties is currently expected to be on the agenda for the October 27, 2003,
School Board meeting. Once again, members of the public will have an opportunity to voice
their opinion of the project.
In addition to the School Board meetings identified above, the City has held public meetings at
which the proposed Facility was considered. Staff has discussed the Facility at a City Council
Committee of the Whole meeting. The City Council has also passed a zoning text amendment to
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October 8, 2003
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allow for this type of facility within the zoning code through the application of a Conditional Use
Permit. Copies of the minutes of the Planning Commission and City Council meetings related to
the amendment are enclosed. Irish Dome L.L.C. has submitted its application for the
Conditional Use Permit. A public hearing is scheduled at the Planning Commission on October
14, 2003. The City Council is expected to act upon the Planning Commission recommendation
at its regular meeting on November 3, 2003.
In general, the community response to the proposed facility has been positive. Based on the
absence of negative response, it appears that the community views the Facility as a welcome new
recreational resource. Letters of support are enclosed for your review.
8. All applicable Federal requirements for approval and operations are met in
accordance with Section 650.1.
The School District and the City will comply with applicable federal statutes and regulations.
Please accept this submission on behalf of the City of Rosemount and the School District to
allow for a domed recreational facility on L &WCF assisted property. Please let me know at your
earliest convenience if any information is missing from our submission or if we have not
adequately addressed the eight (8) prerequisites for the approval of a facility on L &WCF assisted
property.
It is our understanding that once DNR has approved this submission you will forward it to the
NPS for final approval. The School District respectfully requests that you expedite this process
to enable the parties to commence construction before the end of the construction season.
Thank you for all of your assistance with this process.
Sincerely,
William H. Droste John Currie
Mayor Superintendent
City of Rosemount Independent School District 196
Enclosures
cc: Jill Coyle, School District Attorney
Michael Manning, RHS Athletics Director
Jamie Verbrugge, City Administrator
Dan Schultz, Parks and Recreation Director
Randy Skalberg, Attorney for Irish Dome, LLC