HomeMy WebLinkAbout2009/05/19 CCM - RM1
CALL TO ORDER
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
held on Tuesday, May 19, 2009 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145
Street West, Rosemount.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe
Corrigan, Bills and Weisensel attending. Staff members present included City Administrator
Johnson, Chief of Police Kalstabakken, Director of Parks and Recreation Schultz,
Community Development Director Lindquist, Senior Planner Zweber, City Engineer
Brotzler, City Clerk Domeier, Assistant City Administrator Foster and City Attorney Tietjen.
The Pledge of Allegiance was said.
ADDITIONS OR CORRECTIONS TO AGENDA
City Administrator Johnson stated that a revised resolution along with additional
information submitted by Reid Hanson for Public Hearing item 7.a. Reassessment Hearing,
City Project #387 were distributed to the City Council.
Motion by Droste. Second by DeBettignies.
Motion to adopt the Agenda as it stands.
Ayes: 5
Nays: 0. Motion carried.
Motion by DeBettignies. Second by Shoe Corrigan.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 19, 2009
PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGEMENTS
3.a. Recognition of Planning Commissioners Palda and Howell
Mayor Droste presented Jay Palda and Diane Howell with plaques of appreciation for their
service on the Planning Commission.
3.b. Receive Donations Parks Recreation Dept.
The City Council acknowledged receipt of the donations from the Rosemount Lions Club
and CF Industries.
Motion to approved receiving the following donations: $12,000 from the Lions Club
of Rosemount to be used for a sun shelter at Brockway Park, $1,000 for the
Veterans' Memorial Account received from the Lions Club of Rosemount, and $200
from CF Industries to be used for the Leprechaun Days Blarney Stone Hunt.
Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills
Nays: None. Motion carried.
3.c. Receive Donation D.A.R.E. Fund
The City Council acknowledged the donation from the Father Carey Council No. 5569
Knights of Columbus.
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Motion by Shoe Corrigan. Second by DeBettignies.
Motion to accept a donation in the amount of $1,270 to the D.A.R.E. Fund from
the Father Carey Council No. 5569 Knights of Columbus.
Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies
Nays: None. Motion carried.
CONSENT AGENDA
Council Member Weisensel pulled item 6.a. Minutes of the April 15, 2009 City Council
Work Session Proceedings for modification.
Motion by DeBettignies. Second by Shoe Corrigan.
Motion to approve the Consent Agenda with item 6.a. pulled.
Minutes of the April 21, 2009 Regular City Council Work Session Proceedings
Minutes of the May 5, 2009 Regular City Council Work Session Proceedings
Bills Listing
Expenditure Approval from the Donation Account Parks and Recreation
Dept.
f. Property Lease
g. 2 Reading /Adoption of Illicit Discharge Ordinance (Ordinance XVI.61)
h. Change Order #2 Akron Avenue Trunk Utility Railroad Improvements, City
Project #417 (Resolution 2009 24)
b.
c.
d.
e.
Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan
Nays: None. Motion carried.
6.a. Minutes of the April 15, 2009 City Council Work Session Proceedings
Council Member Weisensel requested that under item 2.C., paragraph 6, the first sentence be
changed to read "Council Member Weisensel suggested an option between the number 3
and number 4 options presented
Motion by Weisensel. Second by Bills.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 19, 2009
Motion to approve the Minutes of the April 15, 2009 City Council Work Session
Proceedings with the correction to item 2.C., paragraph 6, first sentence.
Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste
Nays: None. Motion carried.
PUBLIC HEARINGS
7.a. Reassessment Hearing, City Project #387
City Engineer Brotzler provided information on the original amount of the assessment that
was levied to the property and follow -up information related to the appeal of the assessment.
He stated that based upon the appeal of the assessment amount by the property owners, a
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benefit appraisal was completed that concluded the benefit to the property was $35,000.
City Attorney Tietjen provided more information on the appeal proceedings and process.
She stated that any comments or questions related to the litigation of the matter should be
discussed in closed session. She added that the purpose of the public hearing was for the
reassessment only.
Council Member Shoe Corrigan requested clarification on the amount of the assessment
already paid. Ms. Tietjen explained that staff prepared and reviewed the detailed analysis of
the payments already received. City Administrator Johnson added that the amount in the
resolution was calculated on the principal and interest paid to date. The revisions to the
resolution reflected how the interest was compounded over time.
Mayor Droste opened the public hearing.
Motion by Droste. Second by DeBettignies.
Motion to close the Public Hearing.
Ayes: 5
Nays: 0. Motion carried.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 19, 2009
Reid Hanson, the attorney representing the Novaceks, provided a Notice of Objection to
City Clerk Domeier and Mayor Droste. He provided the City Council with information
regarding the size of the parcel and easements located on the property. He stated that after
the easements are subtracted out the amount of developable land was only 2.42 acres. Mr.
Hanson noted that the Novaceks have no other access to their property other than its
current access on to Bonaire. He provided history on the discussion the property owner has
had with City staff regarding development of the parcel. He believed that the property
owner was not receiving an assessment that was uniform to the same class of neighboring
properties that were assessed.
Mayor Droste stated the public hearing was to discuss that the assessment was a different
amount than originally adopted. Ms. Tietjen added that the issues regarding how the
assessments were calculated would be discussed during the lawsuit and that the public
hearing was for the reassessment of the parcel only. Mr. Hanson continued to provide
information on the per foot assessment on parcels that were near the Novacek parcel. He
was concerned that the City Council was not assessing the properties uniformly.
Mr. Novacek also provided information three years worth of the parcel's estimated market
values as determined by Dakota County. He added that the $35,000 assessment remained to
be too high based upon the status of the Novacek parcel.
Council Member Shoe Corrigan questioned if the property owners were reimbursed for the
easements. Mr. Hanson stated that the previous owners were reimbursed. Council Member
Shoe Corrigan also questioned if the City purchased an easement. Mr. Hanson replied that
the city did purchase an easement in addition to easements purchased by Xcel Energy.
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Motion by Shoe Corrigan. Second by DeBettignies.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 19, 2009
Mayor Droste stated that while the County may be lowering property values the cost of
improvements does not decrease. He added that the City did not increase costs for doing
street projects when property values were on the rise. He noted there was not always a
direct relationship between the improvement costs and where the County estimates of
property values.
Mayor Droste questioned the request to delay the assessment. City Administrator Johnsons
stated that the Novaceks filed a formal objection to the action to be taken tonight to
preserve their options. Ms. Tietjen added that similar to other assessment hearings a written
notice of objection must be filed at the hearing.
Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel
Nays: None. Motion carried. (Resolution 2009 -25)
OLD BUSINESS
8.a. Request to Approve the 2030 Comprehensive Plan and submit the
Comprehensive Plan to the Metropolitan Council for their Approval
Senior Planner Zweber summarized the information provided in the staff report including
the history of the project, comments received from other governmental agencies and the
comprehensive land use plan map revisions.
Mayor Droste questioned if the modifications to the housing numbers and population
figures included the proposed UMore project. Mr. Zweber replied no but that it was
included in the plan that should the University move forward with development the Plan
would be amended to include the new data.
Council Member Shoe Corrigan commented on the housing estimates for the next ten years.
Mr. Zweber stated that it was anticipated that the housing types would change over time.
He also talked about projecting the amount of land available for higher density plans.
Council Member DeBettignies stated the amount of housing projected could be attributed to
the build out in surrounding communities. Mr. Zweber noted that the Met Council does see
that the surrounding communities are building out and that new residential development will
continue to move to Rosemount.
Council Member Bills questioned why the City was updating the comprehensive plan. Mr.
Zweber explained that the seven county metro cities are required by state statute to submit
the plan. He provided further history on the plan process. Council Member Shoe Corrigan
questioned the comments and review from other agencies. Mr. Zweber stated that the plan
was sent out in August and before the comment review period ended a reminder email was
sent out. He added that if staff did not receive any feedback they assumed it meant the
agency had no comments.
Council Member Bills questioned if the ULI used the City's Plan as the basis for the
information previously provided. Mr. Zweber replied that the ULI has their own site
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ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
MAY 19, 2009
principals but that they do review the City's site goals and policies when developing their
principals.
Irene Beberg, daughter of Olga Treise, owner of approximately 54 acres at the corner of
McAndrews and Highway 3, expressed her concerns about her mother's property. She felt
the best use of the property for development was to provide sewer and water to the site.
Council Member Shoe Corrigan noted it was not cost effective to provide services to five
acre sites.
Motion by Shoe Corrigan. Second by Weisensel.
Motion to adopt a Resolution approving the Rosemount 2030 Comprehensive Plan.
Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills
Nays: None. Motion carried. (Resolution 2009 —26)
Motion by Shoe Corrigan. Second by Weisensel.
Motion to authorize staff to submit the Comprehensive Plan to the Metropolitan
Council for their review and approval.
Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies
ANNOUNCEMENTS
Mayor Droste reviewed the upcoming calendar of meetings. The next City Council regular
meeting will be held on June 2, 2009.
ADJOURNMENT
There being no further business to come before the City Council and upon a motion by
Droste, second by DeBettignies the meeting was adjourned at 8:56 p.m.
Respectfully Submitted,
Amy Domeier, City Clerk