Agenda - Council - 04/12/2005 - Laserfiche WebLink

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Hire another appraiser Motion to recommend that the City Council authorize the use of eminent domain and direct staff to continue negotiations for an agreed price on the parcel south of Elmcrest Park owned by Mr. Lynn Mortenson. Action: Rati fy the recommendation of the Public Works Committee. CASE #$ Review RTC 3rd Addition Pond Building Easement Encroachments Background: Ramsey Town Center, LLC has submitted plans for the "Pond" building in Ramsey Town Center 3''d Addition. The applicant has received a variance to construct multiple buildings on the lot. The variance was necessary since two of the buildings are not adjacent to the street as required by the RTC zoning. The building under review is adjacent to the casement around the regional stoma water pond. Proposed tenants for this building include restaurants and coffee houses. The building design shows a deck extending over the pond fei- summer dining use. The deck will encroach into the drainage and utility easement. Staff has reviewed the request for easement encroachment. This case does not meet the criteria established in the right-of-way policy presented in January 2005. The proposed deck will be supported on pilings extending past the bottom of the pond and the area of the encroachment exceeds the area approved in the right-of-way policy. The pond will have a PVC liner. The pilings for the deck will need to penetrate the liner. An agreement has been proposed for the developer to maintain this pond. General terms of thc agreement include the City maintaining the right to specify the frequency of cleaning. The developer will be compensated for the cleaning work. The liner will be tested after consm~ction using the "Polyvinyl Chloride Liner Guidelines" developed by the Minnesota Pollution Control Agency. The maximum leakage rate for the completed liner will be 500 gal/acre/day. The liner shall also be tested after each cleaning and promptly repaired if this value is exceeded. The developer must maintain insurance coverage, naming the City of Ramscy as an additional insured, covering the deck encroachment into the drainage and uti lity easement. Motion to authorize staff to develop the maintenance agreement as outlined above, including a statement in the certificate of liability regarding the City not having any liability for issues such as pilings sinking or the patio floor cracking. The agreement should be reviewed by the City Attorney then forwarded to the full Council for approval.