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HomeMy WebLinkAbout6.c. Minutes of the May 19, 2009 Regular City Council Meeting ProceedingsROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 19, 2009 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. 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 by DeBettignies. Second by Shoe Corrigan. 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. Motion by Shoe Corrigan. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 19, 2009 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. A. Minutca of the April 15, 2009 City Council Work Sc3sion Proceedings b. Minutes of the April 21, 2009 Regular City Council Work Session Proceedings c. Minutes of the May 5, 2009 Regular City Council Work Session Proceedings d. Bills Listing e. 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) 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. 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 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 19, 2009 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 Johnsons 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. 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. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. 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. Motion by Shoe Corrigan. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 19, 2009 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 figur 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 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