HomeMy WebLinkAbout6.a. Minutes of the May 12, 2010 City Council Work Session Proceedings�_(t
CALL TO ORDER
Pursuant to due call and notice thereof a regular work session of the Rosemount City Council was
held on Wednesday, May 12, 2010 at 6:33 p.m. in the Conference Room at City Hall, 2875 1451h
Street West, Rosemount.
Mayor Droste called the meeting to order with Council Members Bills, DeBettignies, Shoe - Corrigan
and Weisensel in attendance. Staff present included City Administrator Johnson, City Clerk
Domeier, Director of Parks and Recreation Schultz, Community Development Director Lindquist,
Project Engineer Olson, City Engineer Weiss and Chief of Police Kalstabakken.
ADDITIONS OR CORRECTIONS TO THE AGENDA
6.F. Shenanigans
Updates — reduction of hours from Community Development
DISCUSSION
2.A. Discussion with Progressive Rail representative
Dave Fellon of Progressive Rail provided more detail on the issues previously raised about train
noise. He also talked about the number of requests received for potential growth and development.
Discussion was held regarding the industrial development campaign. Mayor Droste suggested that a
separate meeting should be held regarding the development.
Bruno DiNella expressed his concerns regarding train noise. Further discussion was held regarding
the quiet zones. Project Engineer Olson provided an update on the quiet zone locations. Mr.
Fellon explained the federal requirements for sounding the train horns.
Mr. Fellon stated he would be willing to meet in the future regarding industrial development.
2.6. Rosewood City Council Appeal
Community Development Director Lindquist provided information about the park dedication fees.
The subdivision agreement would include language related to the park dedication fee study and that
the fee may be adjusted. Director of Park and Recreation Schultz stated the goal of the study was to
be fair to the developers and to the City. The current park dedication fee is $85,000 per acre or
approximately $3,400 per unit.
Warren Isrealson stated that developers have not been buying land for the past four years. The six
lot project was his biggest project in four years. He added that land values have dropped
tremendously and lot prices have dropped to almost half of what they used to be listed.
Mayor Droste questioned what park dedication fees he was seeking for the project. Mr. Isrealson
stated it would not be feasible to develop the property at the current rate.
Mr. Isrealson stated that he wanted to install his own sewer and water on the project. He stated that
City Engineer Brotzler had informed him it required the public bidding process. He was requesting
that the City Council would allow him to do the project and avoid the public bidding process. He
wanted to design the project by himself since it was on a private street and to have an exception
from the normal City policies.
Bret Weiss of WSB stated he was present when the policy was put into place. The policy was
developed for City control as well as having quality control. He provided history on the quality of
projects in the past. By having the City take over the project the City will be able to say the policies
have been followed and there is no need for negotiating back and forth on the process. Further
discussion was held regarding the design work estimates. Mr. Weiss stated that the City adopted
standards were not out of the ordinary and the intent is for the sewer, water and streets to last many
years. He would not advocate for doing things that could impact the quality of the systems just to
get more lots in the door. He did note that Mr. Isrealson could bid on the project through the public
bidding process.
Mr. Weiss did not anticipate problems but noted situations may arise with disagreements about soil
conditions and the construction. The policy allows the City to enforce standards and is a more
efficient practice. Bill Ryan stated that Mr. Isrealson was a great guy and they never had trouble
working on any other development projects. Mr. Weiss explained past issues with Mr. Isrealson
performing unauthorized work. He added that at one point the FBI was involved. Mr. Weiss stated
there are parameters around capabilities along with the contractor being bonded, insured and
experienced. He stated that that the private roads should be built to the standards of public roads.
The City should not limit its design standards for a shorter life span. Mr. Isrealson stated he has
been busy doing similar projects. Mr. Weiss responded that Mr. Isrealson stated earlier that it had
been over four years since he was bidding on projects.
Mr. Isrealson stated that most developers have to hire an engineer to get the project done but he and
his son are already an engineers. He added that he was strongly motivated. Council Member Shoe -
Corrigan questioned Mr. Isrealson on the communities he had done his own engineering work. He
replied Lakeville, Farmington, Savage and Prior Lake. Community Development Director Lindquist
stated she did recognize the financing shift due to the current economic conditions and talked about
assessing the costs. She added that it was not all or nothing and different options could be discussed
depending upon the situation at hand. Mr. Isrealson stated the fees and costs are more than he
would make on selling six lots. He could not move forward without significant changes.
Council Member Weisensel stated that the estimated costs is based upon an average cost and with
such a small project Mr. Isrealson would only be charged for what is actually done and the rest
would be returned to the developer. Mr. Weiss explained the process when doing developer
agreements. He provided more information on the cost for design work, staking, inspections,
asbuilt and erosion control. He stated that 20% is used to set the dollar amount.
Council Member Shoe - Corrigan expressed her concerns and supported ensuring that the systems are
built well and to standard. Mr. Wiess stated it is important for the City to have the control in order
to get more consistent quality. Council Member Shoe - Corrigan agreed it was reasonable to review
the park dedication fees and suggested reviewing the engineering fees as well. Further discussion
was held regarding the letters of credit the City currently has for Mr. Isrealson's past project. Mr.
Weiss explained how the estimates are created for the letters of credit. Ms. Lindquist added there
was a history on the last project and that is why the letters of credit had not been released. There
were warrants issued on the project and the City was not a party to the lawsuit and because of that
the City has requested additional information.
Mr. Weiss explained that he would do all he could to keep the fees down. He stated that the policy
was put in place in 1996 based upon standards and expectations. Mayor Droste noted it was
important for cities to work with developers. Council Member Shoe - Corrigan stood behind the
policy that was adopted in 1996. Council Member DeBettignies stated that Mr. Isrealson would
have the opportunity to submit a bid for the project. Further discussion was held on the bidding
process. Mr. Isrealson stated the project was a unique situation and would be a small and simple
undertaking for him to complete.
Council Member Bills suggested reviewing the letter of credit process as makes it difficult for a
smaller guy to come in and do the project. Council Member Weisensel stated it doesn't make a
difference and that the only difference is having a cash flow to get a letter of credit. He added that
the City's fees were not on the top of municipal fees. He understood that the City would look at our
typical fees and actual costs. He did not see the City Council changing the policy. Mr. Israelson
asked the City Council to allow him to meet with Mr. Weiss and to do the improvements on his
own. Ms. Lindquist asked Mr. Isrealson to send her the preliminary numbers he had developed for
the project infrastructue. It was determined that Mr. Isrealson would meet with Mr. Weiss and Ms.
Lindquist to discuss fees and letters of credit associated with the project and the subdivision
agreement.
2.C. Shannon Parkway Pedestrian Underpass — 2010 Street Improvements Project — City
Project #428
Director of Parks and Recreation Schultz summarized the information provided within the staff
report. We think we will get the easement from the home owners association. Cannot guarantee we
will be able to drain all the water through the underpass. The HOA wondered if the City might close
the underpass..
Council Member Weisensel stated that he has heard complaints about the underpass. Different
options regarding maintaining or completely eliminating the underpass were discussed. The City
Council had interest in fixing the underpass with minimal repairs and investment. Mr. Schultz stated
that staff would research the options and find a cost effective way to move forward.
2.13. Emergency Siren Replacements
Chief of Police Kalstabakken provided a summary of the information within the staff report.
Discussion was held regarding the addition of a fifth siren at Connemara Park. The City Council
supported the replacement of all five sirens.
2.E. Extension of Connemara Trail to Akron Avenue
City Administrator Johnson provided a summary of the staff report. City Engineer Weiss explained
that the City may be able to advance the numbers. Mr. Johnson planned to stay one step behind the
developer all the way. Discussion was held regarding the safety components with the extension of
Connemara Trail. Further discussion was held regarding signals at the intersections. Community
Development Director Lindquist stated that Dakota County would not install signal lights until the
warrants are met. The City Council supported the planning of the extension. Staff assumed engineer
review and work would be conducted in the summer or fall.
6.F. Liquor License Establishments
Chief of Police Kalstabakken provided information on the general activity occurring at Shenanigan's.
Officers have done walkthroughs as needed and will continue to once a night Wednesdays through
Sundays. He stated that a letter was sent to the owner in March about the police calls occurring on
site and no response was received. He further explained the requirements for holding Class A and
Class B liquor licenses.
Discussion was held regarding the potential elimination of Class A liquor licensing or an increase in
fees to hold the license. The change would require both Class A license holders to make different
business decisions. Another option discussed was the elimination of 2 a.m. liquor licenses that
expire on July 9, 2010 for Class A establishments. Mr. Kalstabakken added there may be unintended
consequences to the Class B establishments that are allowed to remain open until 2 a.m. Further
discussion was held regarding the management of the establishments, over - service and police patrol.
City Administrator Johnson stated that based upon discussions with the City Attorney a legislative
approach should be taken in making changes to the liquor code regulations.
The City Council directed staff to meet with Shenanigan's manager regarding the issues. If
necessary, the City Council would have time to determine the renewal of the 2 a.m. liquor license
before the July 9 renewal date.
UPDATES
2.A. Recreation Program Update
Director of Parks and Recreation Schultz provided a summary of the staff report. He added that the
space could be used for senior programming coordinating. Council Member Weisensel questioned
if staff were providing a list of alternatives for parents. Mr. Schultz responded that staff was
providing parents with referrals. The item will be considered at an upcoming City Council meeting.
2.13. Pre -Parks Dedication from University of Minnesota - UMORE
Director of Parks and Recreation Schultz provided a summary of the staff report. The City Council
favored moving forward as proposed.
2.C. Community Development Department Discussion
Community Development Director Lindquist provided a handout that included department job
descriptions, background information, and permit counts as requested by Council Member Bills.
Ms. Lindquist explained the Memorandum of Understanding (MOU) that included the change in
insurance benefits recognizing that part -time Community Development employees would receive
insurance benefits only if they worked 32 -36 hours per week. She did not receive a lot of interest in
the reduction of hours proposed. The AFSCME union will be voting on the MOU on May 13.
Following the vote, a formal deadline will be provided to meet the hour reductions requested. The
City Council will need to consider the MOU to approve the benefit change.
Discussion was held regarding the number of building permits issued since 2000. Council Member
Bills stated that with the reduced permits the change is necessary. Mayor Droste talked about the
removal of the DMV services and that staff was retained to find other tasks. He added that there
would be unintended consequences with the reduction in staff. Council Member Shoe - Corrigan
stated that employees as civil servants need to be reasonable when looking at work loads and
projected revenues.
2.D. UDPATES
Director of Parks and Recreation Schultz stated that he would be meeting with St. Joseph's school
to discuss outdoor athletic fields. He added that a final lift was placed on Charlie's Park tennis
courts. He also added that asbestos abatement will be needed at the St. Joseph's Church. Discussion
was held regarding the tennis courts. Council Member Shoe - Corrigan requested more information
on Baseball 191 gambling proceeds.
Council Member Bills provided an update on the golf tournament scheduled during Leprechaun
Days.
Discussion was held regarding the drainage issues at Crosscroft. Community Development Director
Lindquist provided an update on the code issues.
ADJOURNMENT
There being no further business to come before the City Council and upon a motion by Droste,
second by Shoe - Corrigan, the meeting was adjourned at 9:55 p.m.
Respectfully Submitted,
Amy Domeier, City Clerk