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Acting Chairperson Cook stated what should not occur is for the trail to go in without <br />understanding the cost in the long run. <br /> <br />Motion by Councilmember Olson, seconded by Mayor Gamec, to recommend that the City <br />Council authorize the use of eminent domain and direct staff to continue negotiations for an <br />agreed price on the parcel south of Elmcrest Park owned by Mr. Lynn Mortenson. <br /> <br />Motion carried. Voting Yes: Acting Chairperson Cook, Councilmember Olson and Mayor <br />Gamec. Voting No: None. Absent: Chairperson Elvig. <br /> <br />Case #5: Review RTC srd Addition Pond Building Easement Encroachments <br /> <br />Assistant Public Works Director Olson explained Ramsey Town Center, LLC has submitted plans <br />for the "Pond" building in Ramsey Town Center 3rd Addition. The applicant has received a <br />variance to construct multiple buildings on the lot. The variance was necessary since two of the <br />buildings are not adjacent to the street as required by the RTC zoning. The building under <br />review is adjacent to the easement around the regional storm water pond. Proposed tenants for <br />this building include restaurants and coffee houses. The building design shows a deck extending <br />over the pond for summer dining use. The deck will encroach into the drainage and utility <br />easement. <br /> <br />Assistant Public Works Director Olson indicated staff has reviewed the request for easement <br />encroachment. This case does not meet the criteria established in the right-of-way policy <br />presented in January 2005. The proposed deck will be supported on pilings extending past the <br />bottom of the pond and the area of the encroachment exceeds the area approved in the right-of- <br />way policy. The pond will have a PVC liner. The pilings for the deck will need to penetrate the <br />liner. <br /> <br />Assistant Public Works Director Olson advised an agreement has been proposed for the developer <br />to maintain this pond. General terms of the agreement include the City maintaining the right to <br />specify the frequency of cleaning. The developer will be compensated for the cleaning work. The <br />liner will be tested after construction using the "Polyvinyl Chloride Liner Guidelines" developed <br />by the Minnesota Pollution Control Agency. The maximum leakage rate for the completed liner <br />will be 500 gal/acre/day. The liner shall also be tested after each cleaning and promptly repaired if <br />this value is exceeded. He indicated the developer must maintain insurance coverage, naming the <br />City of Ramsey as an additional insured, covering the deck encroachment into the drainage and <br />utility easement. <br /> <br />Acting Chairperson Cook noted pilings were not planned when the City had planned on <br />maintaining the pond. If the City were to maintain the pond they would be responsible if there <br />were erosion on the pilings. <br /> <br />Public Works Committee/March 15, 2005 <br /> Page 7 of 11 <br /> <br /> <br />