This transcript has been formatted with the appropriate speaker names based on the context of the Rosemount City Council meeting held on December 5, 2023. *** **[0:01] [Music]** **[0:57] Mayor Jeff Weisensel:** I'd like to call the regular City Council meeting for Tuesday, December 5th, 2023, to order. If you’d please rise and join me in the Pledge of Allegiance. [Pledge of Allegiance] Welcome everyone, those in the audience and on-air. Is there any additions or corrections to the agenda? **[1:43] City Administrator Logan Martin:** I just want that I'll call out, Mayor—it's not a very recent addition, but just for the point of transparency—item K was added to the consent agenda after it was distributed on Friday or at the end of the day Friday, just to change the next Council meeting's date from Tuesday the 19th to Thursday the 21st. Hopefully folks saw that communicated a bit online as well. That will be the entire agenda for that evening, switching, and a portion of that is Council attendance issues and then a portion of that is the Project Bigfoot item to allow that to be complete in its AUAR review and then fit within the guidelines of action. So sliding the 19th to the 21st is item K. **[2:29] Mayor Jeff Weisensel:** All right, with the addition of 6K to the consent agenda, I'll move the agenda. All in favor signify by saying "I." [Council: "I."] Opposed? The agenda is approved. This evening there are no presentations, proclamations, and acknowledgements. We'll move on to item four, response to public comment. First item up: Mr. Nemcek for the Gymnast LLC/Project Bigfoot. **[2:29] Senior Planner Anthony Nemcek:** Thank you, Mayor, members of the Council. Staff appreciates this time to provide Council with an update on the work that has been taking place with regards to the request by Gymnast LLC for a construction of a data center, specifically related to the update of the UMore Park AUAR. As required by State Statute, just a little background for the Council and folks at home on what an AUAR is. AUAR stands for Alternative Urban Areawide Review, and it is a hybrid of the Environmental Assessment Worksheet (EAW) and Environmental Impact Statement (EIS). This process is often used when a large area is to be developed, particularly in multiple phases. An example of this would be the Prestwick Place AUAR that has been updated at least twice since I've been here with the city. Once the AUAR process is complete, future projects within that area do not require individual EIS or EAW documents, but it must be updated every five years to incorporate development that's occurred within the AUAR area as well as any changes to state and federal laws. The city currently has four AUAR areas either adopted or in process. [Detailed explanation of AUAR locations and status of UMore Park]. With regards to the November 28th Planning Commission meeting, ahead of that meeting, development consultants noted to staff that the project should be able to proceed under the existing AUAR... but following the meeting and given the concerns of the Planning Commission, staff and the project team agreed that a conservative approach that called for a brief pause to allow completion of the AUAR update prior to the City Council considering any approvals for that site was the best course of action. **[10:59] Mayor Jeff Weisensel:** All right, thank you, Mr. Nemcek. I'll open up the floor to any Councilmembers. Any questions or comments? **[11:47] Councilmember Paul Theisen:** Once once again, Anthony, the whole purpose of the AUAR though is to encompass both the EAW and EIS, so it's a more higher-level kind of impact looking at this land, right? **[12:15] Senior Planner Anthony Nemcek:** Correct. The AUAR is basically saying we're going to do both of them in this one big document, which is usually two to four hundred pages long. So it's more in-depth and inclusive. **[12:33] Mayor Jeff Weisensel:** Mr. Essler? **[12:33] Councilmember Paul Essler:** Yeah, Mr. Nemcek, can you describe who's responsible for doing the AUAR? Who’s actually doing it? **[12:44] Senior Planner Anthony Nemcek:** It’s a joint effort between a prospective developer and the City. The City has its own consultants and staff to review the proposed AUAR before it goes to Council. Essentially, it’s a document that the City owns. **[13:02] Councilmember Paul Essler:** And who else is involved from a state regulatory standpoint? Who’s really overseeing to make sure that the study is actually done legitimately to get to the true answer of what the impact would be? **[13:30] Senior Planner Anthony Nemcek:** It goes back to that review period. The MPCA, the PUC, and a bunch of different agencies review the document. **[14:15] Councilmember Heidi Freske:** I would say I don't have anything additional beyond the questions that were asked, but I do want to thank you for the additional information. I did watch the Planning Commission meeting as well, and I was really glad to see the staff take to heart the concerns about the AUAR. **[14:53] Mayor Jeff Weisensel:** Mr. Nemcek, could you go back to the plan showing this specific AUAR area? [Discusses misconceptions regarding "Smart Cities" and UMore Park history]. Along with that, there were some pictures floating around showing asbestos. My understanding is that those pictures were taken in an area which is actually property not in this specific area, and that was remedial work that the University was taking on. I've also heard comments regarding possible lead in the area—bullets or something. People should recognize that is private land; it is the University, and that would be considered trespassing. **[20:10] City Administrator Logan Martin:** We had one additional response that Public Works Director Egger will provide, if you wouldn't mind. **[20:20] Public Works Director Nick Egger:** Yes, a question was asked at the last meeting pertaining to our recent code changes in Title 10, which governs stormwater infrastructure. The comment was why the term "Detention Facility" was removed. It was basically a language cleanup. Stormwater regulation has actually gotten more stringent over the last two decades. I can say with the utmost confidence that any development we review is expected to meet those standards. **[21:53] Councilmember Paul Essler:** My comments I'm about to share really are in response to some of the public comment that came in at the Planning Commission. First of all, all five of us on Council are obligated to look at all the plans; we watch the Planning Commission meetings. They are an objective, independent body. I watched the comments for about an hour and a half. I’m going to reiterate—on October 17th, I was accused essentially of saying that I don't care or I don't listen to those individuals that show up in the chambers. That is absolutely 100% false. We need to listen to you guys, but we're also responsible for the other 26,000 residents of Rosemount and to do what we believe is in the best interest of the community. [Continues regarding the importance of engagement, the developer's responsibility for due diligence, and the Council's fiduciary responsibility to the tax base]. **[29:36] Mayor Jeff Weisensel:** All right, with that then we'll complete item number four. We'll move on to public comment, item number five. Anyone wishing to come before Council may do so at this time. Please state your name and address. City Council is not taking action this evening; that'll be done after the AUAR information is fully done. Limit your comments to three minutes or less. **[31:16] Paul Timberman:** My name is Paul Timberman, I reside at 13848 Belmont Trail in Rosemount. I wanted to address some concerns I have about safety and civility. At a meeting the other week, I heard references to "Revolution," including the statement "this is how Revolution starts." Let’s be very clear: that is a threat of violence and a direct attempt to intimidate those who hold contradictory opinions. If you are a resident of Rosemount and have uttered these words, you owe this entire city an apology. **[33:39] Eric Martin:** My name is Eric Martin, I'm at 1572 Crystal Path in Rosemount. My concern is if an AUAR is done when a plot of land's use is not determined yet, shouldn't a really complete review be done now that there is a very specific plan? Is it mandatory that anything published be reviewed by the MPCA? **[36:30] Karen Miller:** Hello, my name is Karen Miller [Lakeville resident]. I have concern that the way you as City officials have handled the process shows a dereliction in your duty. You signed a non-disclosure agreement with the buyer which essentially shut out the public. Mayor, you've told the public Project Bigfoot cannot be discussed because "we have no proposal before us," yet Logan Martin said City staff have been working with the project team for quite some time. [Mentions asbestos and the AUAR expiration identified by Commissioner Wittman]. **[39:55] Steve Churney:** My name is Steve Churney, I'm a former Councilmember in Burnsville and current Councilmember in Lonsdale. I've been following this project. I asked myself, if I was sitting in your shoes, why would I say "no" to this project? Setting revenue aside, why would you say "no"? **[42:05] Kayla Hower:** My name is Kayla Hower, 14569 Diamond Avenue West in Rosemount. I’d like to thank Planning Commissioner Kurt Wittman for spotting that detail about the date. I want to point out that 33 states, including Minnesota, are suing Meta, saying it is detrimental to children’s physical and mental ability to function. Our Attorney General said Meta is intentionally trying to manipulate our children. What is it going to be like if Meta is donating millions of dollars to the schools and advertising there? **[45:58] Sharon Brown:** My name is Sharon Brown, 4425 Summer Court, Eagan. My kids go to the school here. Mayor, I humbly accept your "shaming" comment regarding the lack of parenting regarding my son going to UMore Park, but what about the lead? I don't believe the soil is safe. Think about the fact that you're signing something that will affect your children and great-grandchildren. **[47:33] Community Development Director Adam Kienberger:** Mr. Mayor, members of the Council. A few more questions on the AUAR process. When AUARs are created, they are subsequently incorporated into the City's Comprehensive Plan. This project, like any other, is subject to all city codes and ordinances. **[50:56] City Administrator Logan Martin:** Maybe to add on that, Mayor. The report was done in May, but the landowner asked us to hold off because they wanted the impact of Project Bigfoot, if it were approved, to be adopted in the AUAR. It sets the table for what development could look like. **[52:08] Mayor Jeff Weisensel:** I appreciate the comments from the resident from Eagan. If you felt shamed, I apologize. I do know that area is the responsibility of the University of Minnesota. Anything on that land is between them and the MPCA. **[54:28] Mayor Jeff Weisensel:** Regarding credibility on what we know—we get updates on projects under non-disclosure agreements (NDAs) where staff is being asked for information. As far as we're concerned, we're not acting on it until there is actually an application. That application has gone to the Planning Commission. There is no application currently before the *Council* to act on, even though it is with the *City*. **[56:45] Councilmember Paul Essler:** I had one more question for staff. The issue about the $3 million that comes from the developer. My understanding is there is Park Dedication of roughly $2 million and roughly $900,000 due to landscaping in lieu of planting trees. Who benefits from that? **[57:30] City Administrator Logan Martin:** Every development pays these fees. For a grand scale like Project Bigfoot (280 acres), the calculation is based on cost-per-acre. The tree fund allows us to buy and plant trees elsewhere in the community, like replacing Ash trees. The Park Dedication fund is what pays for playground replacements, splash pads, and the redevelopment of Central Park. **[1:00:15] Mayor Jeff Weisensel:** With that, we'll close item five. We'll move on to the consent agenda, items 6A through 6K. [Lists items including bill listings, donations, and meeting date changes]. Does anyone wish to call anything out? If not, I’ll accept a motion. **[1:02:40] Councilmember Paul Essler:** So moved. **[1:02:42] Councilmember Paul Theisen:** Second. [Roll Call Vote: All Aye. Consent agenda approved 5-0.] **[1:02:50] Mayor Jeff Weisensel:** Public hearings. The establishment of the 2024 Budget and Levy. Mr. Martin. **[1:02:59] City Administrator Logan Martin:** Thank you, Mayor, members of the Council. This reflects the city's strategic plan and the strength of the city. We had record-breaking growth in value—$138 million of new construction added in 2023. Our tax capacity valuation increased by almost 11%. New growth is helping homeowners save money; about $61 was saved on each homeowner's taxes thanks to that growth. The proposed tax increase on a median-value home is $107; it would have been $168 without that growth. The 2024 operating budget shows a 9.67% increase. To fund that, the tax levy is going up 7.31%. This is a 0.6% reduction from the September preliminary authorization. Debt issuance for the Police and Public Works campus results in a 4.5% levy increase. [Logan Martin provides a detailed breakdown of costs per department, new staff positions including a Communications Specialist, an Administrative Sergeant, a Crime Analyst, a Police Officer, and a Streets Maintenance employee]. **[1:26:42] Mayor Jeff Weisensel:** I’ll open it up to Council. **[1:26:50] Councilmember Paul Essler:** So, we landed at about 7.3% aside from the Police and Public Works building. Where did the initial draft start? **[1:27:10] City Administrator Logan Martin:** The operations budget was probably close to a 10% increase before we got it down to 7.3%. Our budget is about 80% employees; cost of living increases of 3.5% to 4% create an immediate impact. **[1:28:30] Councilmember Paul Essler:** Can you talk more about the Fire Department? We are very unique in being the only agency of our size that doesn't have at least one full-time employee. **[1:29:10] City Administrator Logan Martin:** Our Fire Chief makes a small stipend in the low $20,000s for what is a full-time job in all other cities. We don't have a "Duty Crew." We pay firefighters only when they serve at a call. **[1:31:28] Councilmember Paul Theisen:** This slide regarding comparison to other communities tells the story. Even with this growth, we are maintaining fiduciary responsibility. Rosemount is the second cheapest tax city in the county. **[1:32:45] Councilmember Heidi Freske:** I know when you first showed us the budget number, it was a little alarming... but it’s warranted because we need these new employees to keep operating at the level our residents expect. Could you explain the use of Public Safety stipend funds from the state? **[1:33:46] City Administrator Logan Martin:** We received about $1.2 million from the state. We are using that for staffing to wean ourselves onto the cost of the new officer over a number of years. **[1:35:19] Mayor Jeff Weisensel:** Regarding the 4.5% for the PD/PW campus—could you re-emphasize how we broke that up over four years to ease the burden? **[1:36:00] City Administrator Logan Martin:** The full freight of a $58 million building would have been $200 on a median-valued home in one year. We worked with our financial advisor to phase that in at $50 per year over four years to lessen the initial impact. **[1:37:41] Mayor Jeff Weisensel:** I want to thank Teah Malecha for crunching these numbers. With that, I'll open the public hearing. **[1:38:28] Joe Gurgen:** Joe Gurgen, 15731 Sapphire Path. Regarding the full-time Fire Department—is anybody looking into partnering with Flint Hills, FedEx, or Meta? Their insurance rates would probably go down if we had a full-time department. Also, is the city going to mandate taking down Emerald Ash Borer trees on private property? **[1:40:31] Brian Rohrbach:** My name is Brian Rohrbach, I live at 12485 Blanca Avenue West. I'm investigating the prospect of streetlights; we don't have any in Oakwood Estates. **[1:41:17] Mayor Jeff Weisensel:** [Closes public hearing]. We have the recommended action to approve setting the 2024 budget and levy. **[1:42:15] Councilmember Heidi Freske:** I’ll make a motion to adopt the resolution. **[1:42:40] Councilmember Tami Klimpel:** Second. [Roll Call Vote: All Aye. Budget and Levy approved 5-0.] **[1:42:55] Mayor Jeff Weisensel:** City staff updates. **[1:43:36] Mayor Jeff Weisensel:** Community calendar: Planning Commission is December 18th at 6:30 p.m. Park and Rec is also the 18th at 7:00 p.m. Next Council meeting is Thursday the 21st. **[1:45:54] Police Chief Carson Thomas:** Thank you, Mayor. In the true spirit of the holidays, we have the "Be Good for Goodness Sake" Santa Parade. We have two routes on the West and East sides starting at 10:00 a.m. and 12:30 p.m. on Saturday. There is a live GPS tracker to follow Santa. We are accepting donations for 360 Communities. **[1:47:27] Mayor Jeff Weisensel:** Any other business? Seeing none. All in favor of adjourning? [Council: "I."] We are adjourned. **[1:47:33] [Music]**