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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. 4 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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 2 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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. COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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. El COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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 5 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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. Col COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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 7 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 10, 2003 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 t