HomeMy WebLinkAbout6.b. Minutes of September 10, 2003 Committ of the WholeITEM # 6 COMMITTEE OF THE WHOLE MINUTES
SEPTEMBER 10, 2003
Pursuant to due call and notice thereof the Committee of the Whole Work Session was held on
September 10, at 6:32 p.m. in the Council Chambers at City Hall.
Mayor Droste called the meeting to order with Council Members Riley, DeBettignies and
Strayton. Also in attendance were City Administrator Verbrugge, City Engineer Brotzler, Parks
& Recreation Director Schultz, Engineer Dave Hutton with WSB Engineering and Recording
Secretary Dorniden. Mayor Droste announced that Council Member Shoe - Corrigan will be in
shortly.
Asbury Glen Pond
City Engineer Brotzler apprised the Council that the memo and options that they had received
had also been sent to Mr. Eibner, his contact with the Asbury Glen Association. He went on to
explain that the Asbury Glen Pond is a stormwater pond and was put in with the Wensmann 6th
Addition to help with the drainage from that area. The problem which was brought to the City
by the Association was the erosion and undercutting within the pond. The Association is looking
for some help or direction on how to handle this problem. Brotzler reiterated the three options to
the situation:
• Rip /Rap or Hard Armor - $7,000 to $10,000 estimated to stabilize. This is what was
done to Wensmann Pond.
• Native Vegetative Buffer — $5,000 to $7,000 estimated to stabilize. This is good for new
ponds. The more root growth the better the stabilization on the side slopes.
• Do nothing at all. City Staff would monitor the pond keeping an eye on the erosion.
The City did note that residents are doing routine mowing and grooming right down to the ponds
edge and this may be causing the erosion and undercutting of the pond side slope. The water
fountain, although esthetically pleasing, has a wave factor which may also contribute to the
erosion along with wind causing wave action.
The City sent a letter on May 27 encouraging the ceasing of regular maintenance down to the
pond edge; however this has not been complied with. If the City would do anything it would set
precedence and these residents have been maintaining this pond for the last ten years. The
residents actually own the pond; however the City has a drainage and utility easement over the
pond. If sometime the City would have to go in and maintain the pond because the pond wasn't
fulfilling its capability as a stormwater pond, it may have to remove the fountain.
Council Member DeBettignies asked about the workable components of the pond, such as where
the silting is going? Brotzler said it would have to be going into the pond, which shows evidence
of being clay lined. The City doesn't have a policy to clay line ponds, but it is an option that is
always looked at. A liner was used in the new Bloomfield pond.
Council Member Riley asked what the Normal Water Level (NWL) and High Water Level
(HWL) were in the Asbury Glen Pond. NWL — 946' and HWL 952.08' The lowest building
elevation is at 956' so there is enough room for the pond to be effective and not dangerous to the
abutting properties.
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Mayor Droste stated that Hawkins Pond wanted a clay lined pond so they would be assured of
water, however after the 100 -year storm a lift station was definitely needed and also spending
money on vegetation was needed.
The Association maintains the common area which includes the pond. Jerry Eibner of the
Association came to the table to address the Council on the behalf the residents.
Council Member Shoe - Corrigan asked if 25' was a standard buffer, but was informed that there
isn't a standard buffer, it varies from pond to pond. Council Member Strayton wondered how far
up erosion has to go before it impacts the City's flow. The erosion has only backed up inches by
the undercutting and the stormwater system is working perfectly. This pond was installed in
1994.
Mr. Eibner detailed the history of the pond from the extra money the residents had to pay for
living on the pond to the function, bounce and water quality. Some of the retaining walls that
were put up are at a 45° slope, but are in no danger of water going over them. The residents
pride themselves on the entrance to their addition, the clearness and cleanliness of the pond. He
believes this pond must be spring fed from somewhere because fish (even goldfish) live in it year
round. Speaking for the Association, if Option #1 wasn't selected then they would opt for
number 3 and leave it as it is. He also felt that 2' -3' of rip /rap would suffice instead of the 5'
that was proposed. He also felt the native grass would take a good 2 -3 years to take and the
deterioration needs fixed now.
Council Member Riley asked Staff where the 5' cover came from. It was to generate an
estimate, but would be necessary to have rip /rap under the surface as well as above so it doesn't
wash away.
The main question was who was going to pay for the repairs if they happen. All the Council was
receptive to partnering with the Association to get the job done. They would definitely help
coordinate the project; however the funds would have to come from the Association.
City Engineer Brotzler apprised the Council that he had had a conversation with Kelly Murray
from Wensmann Properties and she did tell him that Wensmann would probably be able to
participate in the cost by donating a $1,000. Brotzler also said another way to fund the project
would be through a special assessment if that was the way Council or residents wanted to go.
Council Member DeBettignies informed the residents about a program through the State of
Minnesota that protects property owners of new construction, even as old as 9 years. Perhaps
this would be worth their time looking into.
Council Member Riley wanted the residents to remember if the pond is City -owned the City
would be able to take out the water fountain if they needed to in order to let the surrounding area
go back to its natural state.
Council did come to an understanding after a brief discussion on whose responsibility it should
be to undertake the restoration of the ponds edge. Staff was directed to work with Wensmann
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Homes and the Homeowners Association to see if some conclusion could come to this
problem/project. Residents again stated that they'd rather see nothing at all done than to have
the native vegetation put in. They feel the pond is an attribute to their properties and enjoy the
clean look.
City Engineer Brotzler, a representative from Wensmann and Mr. Eibner will meet to discuss a
course of action.
Mayor Droste did state nothing would probably happen until next year and everyone appeared to
be in agreement.
Community Events
Park and Recreation Director Schultz was in attendance to discuss how community events are
organized. Also, the determination of what was a City event or not in respect to Halloween,
Share the Spirit, Shamrock Awards and Leprechaun Days. All the above have committees for
organizing and putting the event on. Out of all the events, Leprechaun Days is the only event
that works with a contract.
The Council all agreed that we need structure to how many services these events acquire from
the City. All of these community events benefit the community.
Mayor Droste felt the City should partner with non - profit organizations to see that the events run
smoothly.
Maureen Geraghty - Bouchard and John Loch were in attendance as two of the committee
members who help to organize and run the various organizations. The discussion with the
Council was mainly about what the Council wanted out of the different committees and how to
handle any funds taken in. A lot of the surrounding communities have regular registered
organizations with bylaws that handle the different community events.
Bouchard and Loch wanted to get direction from the City as to how they felt these events should
be organized.
Council went into a discussion regarding a 501 C3, which is a registered non -profit organization
that would be held, accountable.
Mr. Loch mentioned that the different events listed all started as Chamber of Commerce events
when Rosemount had their own Chamber of Commerce. However since Northern Dakota
County formed the Chamber and Rosemount went into that, they aren't interested in sponsoring
the different events.
The ROSE (Rosemount Organized Special Events) Committee was looked at a number of years
ago by Joe Walsh. This committee was going to be set up to sponsor and run all the activities set
up for the City.
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The Shamrock Award was organized by past recipients because they didn't want the recognition
of volunteers to be dropped. They felt this award is a nice way to reward people who have
volunteered their time and commitment to our community.
Council Member Strayton had to leave at 8:00 p.m.; however he felt it important that the rest of
the Council Members understood his position on community events. He felt the 5010 and
bylaws should be encouraged.
Three things Council felt strongly about were:
1. Take politics out of events
2. Be clear on sponsorship of events
3. The financial obligation should be audited
With a 501 C3 there would be annual audits and the committee would be self insured.
Mr. Loch asked the Council if he thought there would need to be three different organizations or
if all the different events should be run under "The ROSE" and then have a director for each
event, with each event having a specified structure and bylaws?
Council directed Park & Recreation Director Shultz, Ms. Geraghty- Bouchard and Mr. Loch to
get together and discuss the 501C3 more along with bylaws. A "Letter of Understanding" could
be done between the City and this organization.
The Jaycees are an organization and have operated very well. The Lakeville and Rosemount
Chapters have merged. Council discussed meeting with the local organizations to talk about
community events and how all can contribute. Mayor Droste and Council Member Riley will
volunteer to help represent the City with these organizations.
The Mayor called for a break from 8:17 p.m. to 8:25 p.m.
North Central Sanitary Sewer Proiect, City Proiect #375
The initial study for this project was started in 1997 by WSB & Associates through the City's
existing City Engineer, Bud Osmundson. It covers the costs and options to extend sanitary sewer
north of County Road 38, east of Trunk Highway 3 and west of Bacardi Avenue. There will be
some services by Akron Avenue. Staff would like to see this plan updated, identify alternatives
and cost, how it would affect undeveloped and developed properties, how it would be paid for
and the phasing plan for the improvements.
Dave Hutton from WSB & Associates was on hand to speak with the Council to see what they
would expect out of the report. As of now this whole area has septic systems and several of the
systems that have problems or could have problems would have no alternative to fall back on.
All systems have to be pumped every two -years by a licensed pumper through the Pollution
Control Agency and have to submit a report to the City. If a system fails now and doesn't have
another area on the property to place a new system they would have to go to a mound system,
which is very costly.
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This would be a multi - funded project with the majority of the funding coming from assessments.
It would be a long term project and have to be implemented in phases.
Staff felt that once the scope of the project is agreed upon with Council, the update could be
brought back to Council in early January. Between now and March 1 St it would probably need
discussed between 2 -3 times.
All the Council agreed that communication with the residents is very important. When first
planning for this project a residential survey was talked about. This would be one means of
communication along with and update on the Web page. This project could take up to 10 -years
and "hopefully systems won't have failed and contaminated the wetlands and water table in the
time it will take to complete.
Mr. Hutton was asked to bring the detailed scope and cost of the project back to the 2" a Council
meeting in October.
Proposed Water Restriction Amendment
City Engineer Brotzler explained to Council that this item had been discussed at the Utility
Commission previously and all the Commission Members are in agreement that the restriction in
place now needs revised. Right now the landscaping /lawn maintenance is on odd /even days and
only enforceable by the Police Department as a misdemeanor.
This summer all of our wells have been running at the same time and the towers are still going
down. Water conservation could be the difference between a whole well if followed carefully.
The City's peak days every year are between 4 -5 million gallons of water.
Although Staff is recommending keeping the odd /even ban, it is also recommending a proposed
no watering everyday between noon to 6:00 p.m., using the water billing system to track
warnings "and after the first warning a penalty would be processed through the quarterly water
bill. Council did feel the penalty structure stated in the summary was quite high and would like
to see it lowered a little bit. They looked at the City "of Andover's structure and felt that was a
little more comparable.
Again all the Council agreed that education was a key factor in getting the point across. They
liked the signs that Eagan and Apple Valley have and felt that should be looked into.
Staff was given direction to look at reducing the penalties and refining the ordinance.
LAWCON Grant Letter and Sports Dome Lease
Parks and Recreation Director Schultz provided background on a proposal from Irish Dome LLC
and Independent School District 4196 to construct an inflatable permanent sports dome on
property at Rosemount High School that is subject to a Land and Water Conservation Fund grant
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received by the City over twenty years ago. The Conditional Use Permit application that was
submitted by Irish Dome LLC was incomplete.
City Administrator Verbrugge and Director Schultz met with the RHS Athletics Director, as well
as the City Attorney and School District attorney, to discuss the various dome issues. The major
issue is providing enough parking spaces. Schwartz Park would only provide 60 - 80 spaces,
where 80 -100 spaces would be needed. It still hasn't been decided if the Parks parking lot
should be allowed as the primary parking area for this facility. It could significantly cut into the
parking area for park users.
The School District would like the City to send a letter to the DNR seeking approval to lease
LAWCON land for the Dome. Within the Council packet there was a draft letter the School
District was suggesting the City send regarding the lease of the land. The City Attorney didn't
feel the City needed to be part of this lease.
City Administrator Verbrugge assured the Council that any letter that would go to the DNR
would be revised to address the City's issues and also have the City Attorney's input. After that
the City would deal with the Conditional Use Permit when the new application comes back in.
Dakota County Farmland & Natural Area Program
Park & Recreation Director Schultz went over his Executive Summary to the Council regarding
the protection of farmland through voluntary sale of conservation easements from willing
property owners. Two properties in Rosemount that could be placed into this program are the
Aina Wiklund 25 -acre parcel and the McMenomy 60 -acre parcel. Both property owners have
shown interest in the program.
The McMenomy property is a little harder to deal with because it is owned by four siblings and
to get all four together and make a decision is starting to be trying. Three of the four did say they
were going to have the property appraised and once the appraisal is completed Staff would like
to sit down and meet to discuss their appraisal.
The City needs to do a "Resolution of Support" for the preservation of the Wiklund property.
The City has also been asked to write a letter of support for an open space project in Inver Grove
Heights helping connect the Northern Dakota County Greenway Corridor.
Resident Comments
City Engineer Brotzler went over the memo sent to Council responding to resident comment
about a crosswalk on. Chippendale Avenue across from the Senior Condo's. A crosswalk at this
particular location is not recommended, however a Change Order was processed to place
sidewalk along the east side of Chippendale from 153 Street to Carrousel Way. The portion
from CSAH 42 to Carrousel was already included in the contract for the Chippendale /CSAH 42
project. The newer portion cost will be recuperated when the property develops.
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Downtown Redevelopment Process
City Administrator Verbrugge added this to the agenda. Verbrugge suggested that the City
Council and Planning Commission would benefit from an educational session related to Tax
Increment Financing (TIF) and redevelopment. Mark Ruff from Ehlers & Associates would be
available to schedule an evening meeting when Ehlers could present a Redevelopment 101
session.
Administrator Verbrugge will schedule something for the end of October.
Minea Property
City Administrator Verbrugge updated the Council on the Minea property. Most of the issues
have been hammered out.
• County Road 38 — Cash Deposit
• Setback variance
• Architectural review residential (standard)
• Connemara Trail west of the area
• City Park parking lot
• Info on elevations and building types
• More density - trade off 60% multi - family and 40% single - family
Interim Ordinance
City Administrator Verbrugge said that Mike & Jerry Herman have approached the City about
expanding the interior of Shenanigan's in the downtown area. He also informed the Council that
the Rosemount American Legion is going on the market. There are also other properties in the
downtown area that may be considering improvement.
Verbrugge suggested that some of the development or reinvestment occurring might not be in the
best interests of the City as it plans for possible redevelopment of the downtown area. One tool
available to the City is adoption of an interim ordinance, or moratorium, to prohibit development
while the City conducts land use planning studies. Council directed staff to have City Attorney
LeFevere draft language for consideration.
Dumpster Enclosures
Several staff and Council members have visited with the owner of TOPS Pizza regarding
dumpster enclosures. There also has been concern expressed by downtown business owners
regarding this issue. The City does have an ordinance requiring all businesses to have their
garbage in enclosed areas with their dumpsters. This ordinance has been on the books for 15
years and is now being enforced. Council thought there was going to be some leniency toward
businesses until the Downtown Redevelopment Committee has concluded its work
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Staff will issue a letter to downtown businesses that extends compliance until next year after the
Committee has completed its work. Other businesses will still be required to comply by the end
of September.
Project 540 Kids
Council members expressed support to have student participation on the Parks & Recreation
Commission and the Planning Commission. Although this would not be a voting position,
otherwise Bylaws would have to be amended; this would be a mentoring type program. Council
Member Shoe - Corrigan will contact Doctor Scott and obtain two civic minded young adults.
Council members also mentioned a student who may be interested in helping with the City Web
page.
Announcements
Kim Lindquist, the new Community Development Director, and Dawn Weitzel, the new Human
Resource /Communications Coordinator, will be starting September 29, 2003. .
Monday, September 15, 2003 there will be a Parks & Recreation Work Session regarding the
athletic facilities in Rosemount. RAAA traveling and in -house have been invited to attend.
The parking lot for the park, tower and fire station on the Minea property was negotiated by the
City Engineer.
On Tuesday, September 16, 2003, instead of a Port Authority meeting there will be a joint
meeting with the Council, Planning Commission and Parks & Recreation Commission to discuss
the City's development review process and suggestions that staff is proposing to improve the
process.
Farmers Market will end next week.
Library Committee will meet September 15, 1003 to discuss the County budget issues and how
that may affect the timing of a library in Rosemount.
Mayor Droste adjourned the meeting at 10:24 p.m. with all in favor.
Respectfully submitted,
Cindy Dorniden
Recording Secretary
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