[0:00] [Music] [0:55] **Mayor Jeff Weisensel:** Glad you came... okay good evening, I'd like to call the regular city council meeting for Tuesday October 15, 2024 to order. Please rise and join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Are there any additions or corrections to the agenda? [1:36] **Logan Martin:** No sir. [1:38] **Mayor Jeff Weisensel:** Seeing none, I'll move the agenda. Is there a second? [1:41] **Councilmember Paul Theisen:** Second. [1:42] **Mayor Jeff Weisensel:** I have a motion and second on the agenda. All in favor signify by saying Aye. (Council: Aye). Oppose? We have the agenda. First item up this evening under presentation, proclamations, and acknowledgements is 3A: Celebrating Manufacturing Month in Minnesota. And who's presenting on this? Is it Eric or... you got it packet? [2:06] **Eric Van Oss:** Nothing to present this evening, Mayor, other than it's a recognition of manufacturing week here in Minnesota as recognized through the state of Minnesota. Many cities throughout the state do a proclamation just to acknowledge the role that manufacturing plays in our economy. Attached and in the packet for you is that Proclamation if you would care to read it and proclaim it. [2:28] **Mayor Jeff Weisensel:** All right. I think we had a couple of local manufacturing in particular we wanted to call out. Is Flint Hills actually considered a manufacturing? Because there is that a little different manufacturing? I think the definition can be quite broad and I would certainly recognize so certainly our largest taxpayer in the community is there also. We had a recent expansion by Frana and then also by Spectral Alloys, significant dollars back into the community. So with that we'll move forward with the proclamation, kind of on a round-robin here with the rest of the council. 2024 Proclamation for October being manufacturing month: Whereas the manufacturing industry is a critically important part of Minnesota's diverse economy... who's got the first one? [3:32] **Councilmember Paul Essler:** I got the first one. Whereas the manufacturing industry is a critically important part of Minnesota's diverse economy and whereas manufacturing contributed $57.2 billion to Minnesota's economy in 2023, representing 12% of the state's gross domestic product. [4:04] **Councilmember Heidi Freske:** And whereas manufactured exports brought $22.5 billion into the Minnesota economy in 2023 and whereas workers took home $25.7 billion in wages from Minnesota manufacturing jobs in 2023, the second largest total payroll among private sector industries. [4:30] **Councilmember Paul Theisen:** And whereas manufacturing in Minnesota pays an average annual wage of $77,000, which is 10% higher than the state's overall average private sector wage. [4:50] **Councilmember Tami Klimpel:** And whereas manufacturing provides more than 325,000 net new manufacturing jobs over the year from 2022 to 2023 and whereas Minnesota expects more than 93,000 job openings for manufacturing production positions alone through 2032. [5:15] **Mayor Jeff Weisensel:** And whereas there are roughly 8,625 manufacturing companies in Minnesota making a wide range of products that improve life, create solutions, and bring joy here in Minnesota and around the world. Now and therefore, I, Jeffrey Weisensel, do hereby proclaim the month of October 2024 shall be observed as manufacturing month in Rosemount, Minnesota. And with that Proclamation, that'll complete item 3A and we'll go ahead and move to 3B: Special event update, the Haunted Woods Trail. [5:54] **Logan Martin:** I can take that quick, Mayor, then maybe I could pass it to Councilmember Freske, who is our Workhorse on the Haunted Woods Trail. But standing in for Mr. Schultz tonight, we're really excited for the Haunted Woods Trail coming up on October 26th from 6:00 to 8:00 p.m. We're set again for the Park and Ride with MVTA and so folks are able to jump on a bus at Rosemount High School and then get a safe ride—free ride—straight down to the grounds so they don't have to fight parking. But with that, Miss Freske, I'll turn it to you. [6:23] **Councilmember Heidi Freske:** Yeah, I would just add that we do have a new website this year, it's RosemountHauntedTrail.org, where you can find a whole bunch of information. We do have a couple vendor slots available and really what that requires—it's free, it's no charge—you just have to bring approximately 4,000 pieces of candy to hand out to kiddos. That's an investment! But we do have a couple spots open and we're accepting applications till the end of this week. Otherwise, we look forward to it. [6:59] **Mayor Jeff Weisensel:** Great. Any other questions or comments from the rest of the Council? If not, look forward to everyone coming out to this fantastic community event. And we'll have good weather too, we expect. That completes item 3B. Move up to item 4: Response to public comment. Believe this evening we have response to last meeting's public resident comments. [7:10] **Logan Martin:** Yeah, thank you Mayor, members of the Council. I can take a stab at this and then Mr. Egger is here and he can help as well too. If folks saw the comments from the last meeting, we had a couple residents from the Harmony Villas neighborhood just expressing some frustration with kind of how the overall development process went for them as buyers—what they experienced from kind of the product that they received from a builder who has now left the building marketplace. And the frustration of having a builder that kind of abandoned a development, unfortunately. Some comments on how the City had stepped in to assist them as best we could to really get that development over the finish line. I don't think it's of any value tonight to go into the back and forth of that; we've had communication with them for years and will continue to do so. We as a City Staff feel like we've stepped up quite a bit to assist that development, both in providing them financing if they had chosen to utilize it, City staff labor at no charge to plant some trees, reducing the tree expectations for the overall development, and then doing our best with them as they've picked up the pieces from really a development that struggled to get over the finish line. [8:42] **Logan Martin:** And just more broadly speaking, perhaps just to share perspective on the City's limited ability to guarantee the product that's going to be received in a residential development. We certainly have building codes and building standards, building inspectors that go out and do that work, but things like a basement that may be smelling musty due to a grading issue is a thing that's so granular. As we approve and inspect hundreds of homes per year, there's obviously chances that those things can occur. It's a question of whether the City has direct purview in some of those analyses. Some of the things that we'll continue to talk with them on are street light issues; if they feel as though they're missing a couple of street lights, these are private infrastructure/private street lights, so we'll continue to talk with them on that. Then they've got some "as-built" surveys that they're looking to get produced and returned to them. We are holding funds for that provided by the developer, and so we're in process right now of getting those as-built surveys completed and then given back to every homeowner so they have those in their personal file and the City file as to how the properties were built from a grading and completion standard. I think that's all that I really wanted to share. Nick, anything you wanted to expand on or does that cover what we had discussed? [9:45] **Nick Egger:** No, I think you covered it well. [9:48] **Mayor Jeff Weisensel:** Okay yeah we can chat more if you have any questions. I'll open it up to Council if there's any followup. [10:12] **Councilmember Paul Theisen:** So I appreciate that because it was one of the things that obviously at the last meeting you could tell that this neighborhood was definitely affected by not only this particular contractor, but the lack of having this contractor finish his requirements. Is there any kind of state law that applies here? I mean he's no longer in business though, right? Is that my understanding? [10:48] **Logan Martin:** Yep. [10:49] **Councilmember Paul Theisen:** So I mean it sounds like the staff has gone above and beyond. It sounds like you guys put a lot of time and a lot of hours from your team, Nick. Is that would that be a fair assessment? [10:58] **Nick Egger:** It is accurate. I can't put a number on that per se. I think we've just kind of rolled with it and done what we've had to do. I personally have been working on it for over a year off and on to kind of quarterback the resolution and getting the right pieces put together to make things happen. But I know there were a lot of communications and back and forth prior to that. Logan can attest to that from his years here and I think some of our other staff could as well. You know, never had any intentions of letting things go but had to make the best of the situation which was quite complicated and pretty difficult with what we were left to deal with. [12:00] **Councilmember Paul Theisen:** Well, and just looking at some of the things that we did—we're talking about resetting the tree requirements, helping out with manual labor and installing a bunch of the landscaping, the planning and management assistance that the engineers within your department helped out with, paying for certain blueprints and plans. It seems like the City's really tried to do the most that we can within the purview of what we represent. Is that fair to say? [12:28] **Nick Egger:** Yes. [12:29] **Logan Martin:** Like you had mentioned Councilmember Theisen, you know we really—to help them out as the developer abandoned them for lack of a better term—we really turned a private project into a public project. So Nick and his team managed the project and implemented it. The good news of it all is if you drive through the neighborhood now, it's in my opinion a beautiful neighborhood. It's got a perfectly completed road, looks finished, looks great. There may be some grading issues and I'm not meaning to comment on any specific homeowner's concerns with his or her property, but the road's finally completed, trees are in, street lights are in to a large extent. So we got there; it just took longer than anybody would have wanted to. But it's a lesson learned on what real estate transactions can look like when they go south with developers. [13:17] **Councilmember Paul Theisen:** Okay well I appreciate it. You could feel the frustration in the residents and our hearts go out to them for the situation, but the neighborhood looks great now and it's nice that it's finally finished. It just seems like it was quite a hardship to get there, so I just want to say I appreciate all the work that you and staff have done to get us to where we are now. [13:38] **Mayor Jeff Weisensel:** Anything else from anyone? Just a note: I do know that that case was referred to the state through the help of our representative, Mr. Huot. So there has been involvement at that, but this builder in particular had a fair amount of projects out there, so being able to get anything or any recovery seemed pretty unlikely. So that's unfortunate. All right with that, that'll complete response to public comment number four. We'll move forward to item number five: Public comment. Anyone wishing to come before Council on subjects not a part of the meeting agenda may do so at this time. You may step forward state your name and address and your comment for Council. [14:26] **Rob Jacobson:** Thank you Mayor and Council. My name is Rob Jacobson, I live at 14230 Audubon Way, that's in the Bloomfield neighborhood. I'm talking today in response to the digging that was happening in our neighborhoods with fiber—I'm assuming fiber cable. I say assuming because we received no communication from the City or from any of the builder or companies about what was happening or when it was happening or how it was happening. To be fair, I'm in favor of progress and I appreciate competition especially in the areas of telecommunication and choices within that, but I've been very disappointed with how the projects have occurred so far. [15:36] **Rob Jacobson:** For example, in late August or early September, workers came out into my neighborhood and marked the yards and they didn't have any identification or communication. There weren't any vehicles that said what the company was or if it was part of the City. Not a super big deal but worth noting. And then in early September a company called Duba Du Ya Underground—because that was what their truck said and it had a license and a number—came to dig. When they came through the area, not trying to complain, they made holes bigger than they needed to, they cut through my neighbor's irrigation line, they left a hole in my particular yard which was mostly but not exclusively in the easements area. According to the code, it was 2 feet wide by 3 feet long by 2 feet deep and they left that overnight. They did put some lime green cones around it but clearly in my opinion a safety hazard. [16:47] **Rob Jacobson:** When they did come back either that day or the next day or the following day, they did install the box and the little piece that comes up. But then around it and many of the places that they had dug where they didn't need to, they just filled it in with sand. As I went through the neighborhood all of the mostly nice yards were replaced with sand. And then again there was no communication. When I tried to find contact information for Duba Underground, there was none. There's no address, no phone number, there's no website. There is an address in St. Paul but it goes to an industrial building, so there's no way to figure out or ask any questions about that. They did come in just this week—a month later—and put a very small amount of dirt and some seed down, but they didn't take any of the sand, so it won't look like it did before they came in. [17:55] **Rob Jacobson:** So my questions are: Is the City required to give notice or share communication with residents about work being done in a neighborhood or with easements? And if so, then why wasn't there any? And if there's not required, should the City ask companies or require companies who will be digging through their residential areas to give notice to the residence about what's happening or when it's happening? Should the City also require companies like W International for example or Duba Underground to have contact information—I would say even if it's not on their trucks—with the City in case there's a problem so that residents can contact these companies if there's a case like my neighbors' irrigation line? I don't know if you're supposed to respond now or if you have any clarifications to my questions. [18:55] **Mayor Jeff Weisensel:** Yeah typically we respond within a week. I would look to staff if there's any generic answers that they can provide at the moment or maybe even some specifics to this one. [19:28] **Nick Egger:** I can take that one, Mayor. Probably more from a general sense for now just because I don't know all the details or the provider that's working in the area. I've got an idea of who it could be but we'd have to look into what right-of-way permits have been filed associated with the work. Your frustration has been one we've heard elsewhere in town unfortunately and specifically disappointing for us because when these entities did come to us to talk about their deployment and what they were looking to do throughout the City, we were stressing the need for proactive communication and laid out those expectations of mailings and door hangers and signs. They had provided copies of those sorts of examples to us and said that they were doing this, but yet your experience obviously was different. We know others have had that too, so we have a number of calls coming to us about these sorts of things over the last several weeks. [20:38] **Nick Egger:** The good news on this is that we're lighting the fire under these companies to shore up their communications efforts. They do have general contact numbers for residents to connect with them and email addresses and in some cases a web page all about the work that they're doing which was supposed to be featured in the proactive communications, but if nobody receives that then they wouldn't be aware of it. I'll grab your address from your testimony earlier and we can look into that starting tomorrow morning and circle back with you. [21:03] **Rob Jacobson:** Oh thank you, I appreciate that. So does the City have that contact information for in particular this company that I'm talking about? [21:13] **Nick Egger:** We would, yep. [21:16] **Rob Jacobson:** If I was to come back when during business hours I could find that out? [21:20] **Nick Egger:** Absolutely, yep. [21:21] **Councilmember Paul Theisen:** Nick, did we contract directly with them or were they a subcontract of our contractor? [21:27] **Nick Egger:** Great question, Councilmember. This isn't a City contracted activity at all; this is private enterprise working under a permit in the City's right-of-way. There is space set aside alongside roads and backyards and other areas to allow corridors for these sorts of things to be installed. Essentially they would have the right to do it but it doesn't mean that they go in blindly without being a good neighbor—is really what it's all about. So there's some administrative things that the City does to review their plans and ensure that they're going to go about their work in a space that doesn't conflict with other interests the City might have. But we go through a permit issuance process before that and part of that discussion was not only the technical elements but the communications part of it too. It's really disappointing to see that their lack of follow through is turning into experiences like you had, sir. [22:42] **Councilmember Heidi Freske:** And also just curious, does our process include anything like a quality review of the company who's asking for the permit? [22:58] **Nick Egger:** There's little that we can do on that front. We have requirements for timely restoration and putting back together the surface in at least as good a condition as they found it, including repairs of irrigation systems they might hit or other things that they damage. But as they're not a contractor working for the City per se, there's limitations on what we're able to—we can't dictate who these utility providers utilize to install their facilities. [23:38] **Rob Jacobson:** Can I just follow up quickly with that? I do have pictures if it would be helpful. I realize that it sounds like the telecommunications companies come to the City, the City then—or the telecommunications contractor then—subcontracts out that work. I have one followup that's still within the same realm. I've heard from a couple of my neighbors that there's another company that's coming in just 4 weeks after a company has come in to dig and I think it's for the same work. I'm just curious, why couldn't the City reach out to these companies? If companies come forward, it seems to me that if there's just one round of digging and then all the companies could either bid or get in on the one digging then the process would go a little bit smoother for residents. [24:50] **Mayor Jeff Weisensel:** Tell me if I'm correct on this, but local governments are severely restricted—it's called preemption—by in this case I think it's Federal, maybe State, on how much we can actually do against them. We're allowed to permit them but there's not really a tool to enforce or to require certain conditions, and that's where I think residents are seeing this. Even the coordination of digging at the same time would be outside of our purview, if I'm correct on that. [25:21] **Logan Martin:** Mayor, I think you're on the right track there. There are federal regulations from the FCC on telecommunications infrastructure. I don't know that the same sort of restrictions apply to other types of private utilities like gas or electricity; those entities typically have franchise agreements where they define their territory within a community and there's an agreement that's laid out. Telecom is a little different that way, particularly fiber optics. What it comes down to is they're competitors and they're both vying for customers. Again, if there is space allowed for these conduits and corridors to be installed, they're able to use them even if that may be at offset times where they're not talking to each other about who's going where. It it's really probably trade secret type of information and their plans are what they develop on their own; they're not going to cross-talk and make deals to say "I'm gonna go here if you go there." [26:38] **Rob Jacobson:** I appreciate that feedback and it might be a little naive, so thank you for your time listening, attention, and responses. [26:50] **Mayor Jeff Weisensel:** Appreciate it. Nick, you'll be following up? [26:53] **Nick Egger:** Yeah, I would just recommend if you call our main Public Works number tomorrow, we can connect you with some of those additional communications resources for those companies once we learn who it is. [27:04] **Rob Jacobson:** Thank you. [27:10] **Mayor Jeff Weisensel:** All right. Anyone else wishing to come before Council for public comment? Seeing none at this time, I'll consider public comment closed. Completing item five, we'll move on to Consent Agenda. This evening we have bill listings, minutes, Mylee Ridge Fourth Edition, a donation acceptance from the American Legion for Fire Department Open House (that was worth $1,000, it was a great event this past Sunday), request by Furlong Excavating for renewal of permit, Project Falcon Environmental Investigation Grant application, conditional use permit request by Hussein Abdullahi for a live-work dwelling, request by Dakota Aggregates for amendment to permits, appointment for additional election judges, SKB Rosemount Second Edition final plat, and Lifetime facility change order number 11. With that, would Council wish to pull any item for further discussion or comment? [28:38] **Councilmember Tami Klimpel:** I'd like to pull items G and I. [28:41] **Councilmember Heidi Freske:** And L. [28:42] **Mayor Jeff Weisensel:** All right. So with consent agenda with items G, I, and L removed for further discussion, anyone like to move that approval? [28:55] **Councilmember Paul Essler:** So moved. [28:56] **Councilmember Paul Theisen:** Second. [28:57] **Mayor Jeff Weisensel:** I have a motion and second on the agenda. Roll please. [29:00] **Erin Fasbender:** Essler? (Essler: Aye). Klimpel? (Klimpel: Aye). Weisensel? (Weisensel: Aye). Theisen? (Theisen: Aye). Freske? (Freske: Aye). Passes 5-0. [29:12] **Mayor Jeff Weisensel:** Take the first one up, 6G: Project Falcon environmental investigation Grant application. [29:20] **Councilmember Tami Klimpel:** Yeah, Mr. Mayor, I pulled this one. This is kind of a project at a high level that we've spoken about at our public Port Authority meetings, but thought it might be a new term to our residents here in the capacity of a city council meeting. Just wondering if you could share some background of Project Falcon as we know it today. [29:43] **Logan Martin:** Yeah thanks Mayor, members of Council. I could take a stab with that and then Mr. Kienberger can help if needed as well. As you mentioned Ms. Klimpel, Project Falcon has been discussed at the Port Authority meeting and in some of the project update documentation as the Port Authority, as our Economic Development arm, has been tracking this project. This is a development project south of what used to be called Project Bigfoot, which we now know to be a Meta data center. A project south of there, a research and testing facility being considered in collaboration with the University of Minnesota and some of the research and testing that the University of Minnesota does. So the parcel just directly south of Meta is generally speaking where they appear to be looking along Blaine Avenue. What this would do then is shows the City's support of their application to the Minnesota Department of Employment and Economic Development (DEED) to receive a Brownfield investigation grant to understand what the environmental situation would be at a more deep level on that parcel to lead to a cleanup if they were to consider a development. So no project applied for yet, but there certainly is a project called Project Falcon looking in that area. [30:57] **Councilmember Tami Klimpel:** Yeah, thank you. [30:59] **Mayor Jeff Weisensel:** Any questions or comments from the rest of Council? If not, would you like to move the recommended action? [31:07] **Councilmember Tami Klimpel:** I'll move to approve the attached resolutions related to the DEED application for Project Falcon. [31:13] **Councilmember Heidi Freske:** I'll second. [31:15] **Mayor Jeff Weisensel:** And a motion and second. Roll please. [31:20] **Erin Fasbender:** Klimpel? (Klimpel: Aye). Weisensel? (Weisensel: Aye). Theisen? (Theisen: Aye). Freske? (Freske: Aye). Essler? (Essler: Aye). Passes 5-0. [31:33] **Mayor Jeff Weisensel:** We move on to 6I: Dakota Aggregates. [31:38] **Councilmember Tami Klimpel:** And Mr. Mayor, I pulled this one. I did watch the Planning Commission discussion of this particular item as the Dakota Aggregates mining moves a little further north and starts to get a little closer I think to the Bloomfield neighborhood if I recall correctly. I just wanted to point out some of the discussion that the Planning Commission had towards the end of their meeting about if noise were an issue. I know we heard that you know there will be no beeping of reversing trucks and things like that, but what the resident remedy would be if there were to be issues of that nature. I just wanted to reiterate what residents have at their disposal should anything arise. [32:21] **Logan Martin:** Mr. Mayor and Councilmember Klimpel, I can certainly speak to that. I know we do have the applicants here with us this evening if you would like to call them up, but typically from staff's perspective, as was noted during the Planning Commission meeting, if there are complaints about noise from any of our mining operations, they should call the police—not to report an emergency per se, but so that it can be logged as an instance. One thing that we do when the City conducts its annual or biannual renewal of these permits is that we do check with our Police Department to see if and how many complaints have been logged. Typically what we hear—and we do have eight or nine operations within our city—almost every time it is zero complaints. But we do want to make sure that the resident is able to report that through our Police Department. [33:19] **Councilmember Paul Theisen:** I was just going to follow up. One of the things I watched from the Planning Commission meeting—one of the things that I liked and I think I heard is that as they move closer towards residential with some of the mining, they're using all conveyor belts. So eliminating the beeping of the trucks and the slamming of the back gates of the dump trucks. I guess that really kind of resonated with me, that there's a lot of precautions that they can do and have done anytime they get closer to residential. [34:06] **Mayor Jeff Weisensel:** I'll also give the applicant an option if they wish to come forward to state anything regarding noise abatement or operations. [34:25] **Matt Ming:** Matt Ming, I'm the operations manager for Dakota Aggregates, 423 Ramsey, Carver, Minnesota. As we get closer north towards residences, we will be 50 feet below the ground. We will have a 50-foot face in front of us so the noise will be kept low. When we're mining up there, it also will be in conjunction with the school project going on, so you'll hear actually probably a lot more noise from the school project and more dust coming from the school project than you'll actually see from us being 50 feet below the face. [35:05] **Mayor Jeff Weisensel:** Yeah, it's a good point. I think the idea that you're 50 feet down below just the regular grade is very relevant. Thank you. All right, would someone like to move the motion? [35:15] **Councilmember Tami Klimpel:** I'll move to approve an amendment to Dakota Aggregates 2024 large scale mineral extraction annual operating permit agreement. [35:22] **Councilmember Paul Essler:** Second. [35:24] **Mayor Jeff Weisensel:** Motion and second. Roll please. [35:28] **Erin Fasbender:** Weisensel? (Weisensel: Aye). Theisen? (Theisen: Aye). Freske? (Freske: Aye). Essler? (Essler: Aye). Klimpel? (Klimpel: Aye). Complete 6I 5-0. [35:45] **Mayor Jeff Weisensel:** Move on to the last one, 6L: Lifetime facility change order. [35:50] **Councilmember Heidi Freske:** Yeah, I guess my question here was just—I know that Dan isn't here tonight, but I just wanted to bring this up. There's so much new development and it looks almost finished on the outside. I know there's a lot that has to be done inside, but there's so many people talking about it. I was just going to see if there's an opportunity that we could ask a few questions since Brent is here. [36:31] **Mayor Jeff Weisensel:** Yeah, come on up. [36:34] **Brent Marlo:** Brent Marlo, director of construction at Lifetime property development. Address: 13987 Abby Field Avenue, Rosemount, Minnesota. [36:43] **Councilmember Paul Theisen:** Awesome. Yeah, so I was just going to like—is there a quick update or just how's it going? [36:48] **Brent Marlo:** So the project is going really well. We're in the finishes stage. As I was telling you and Logan before, this morning on WCCO morning, we had two instructors—Fitness instructors—out there doing some workout. One was a Lead General and they advertised the Rosemount facility with the fly-through, so it was just showing what the club will look like. Quick update: Pool deck is nearing completion. Pools are done, they're plastered, we have water in them. You wonder why we have water? You have to cure out the plaster for 30 days. The bistro on the outside is finishing up. The inside—we actually had our NCO team (new club operations) walk the project yesterday. This one is the first of its kind prototype, the "e-box." They always like to walk the site see if there's any tweaks. They put together a list of items—nothing major, just adding a TV here or there or repositioning a few things. We're actually looking to have the project substantially complete in early November, then testing and balancing, commissioning, move in during the month of November and early December. Looking to have our new club openings team come mid-December. Final touches are coming together. [39:25] **Councilmember Paul Theisen:** And I did get an answer... I was just going to let you, because one of the excitements about not only that building is the building that's going to be happening around it. [39:48] **Brent Marlo:** Yeah, I did reach out to Aaron Koehler, our VP of property development. We did officially sign the agreement for the Copper Pint, so that's executed and good to go. [40:10] **Councilmember Paul Theisen:** That's great, I appreciate it. [40:14] **Mayor Jeff Weisensel:** Any other questions from Council? [40:17] **Councilmember Heidi Freske:** I have an other—and I know this isn't your side of the business—but the question I get most frequently is when will pricing be released? [40:35] **Brent Marlo:** It should be very soon. I know that we have like online pre-sale and everything. I can talk to the team; I know they're honing in on it. I know there was a teaser email that went out to the waitlist but it didn't have any numbers. I can press them that the City Council and the residents are eager for that knowledge. [41:10] **Mayor Jeff Weisensel:** All right. Seeing none then, would someone like to move the recommended action? [41:21] **Councilmember Paul Theisen:** I'd like to make a motion to approve change order number 11 for the Lifetime facility as listed in the attached document as PCO number 47 through 59. [41:31] **Councilmember Heidi Freske:** I'll second. [41:33] **Mayor Jeff Weisensel:** Motion by Theisen, second by Freske. Roll please. [41:37] **Erin Fasbender:** Theisen? (Theisen: Aye). Freske? (Freske: Aye). Essler? (Essler: Aye). Klimpel? (Klimpel: Aye). Weisensel? (Weisensel: Aye). That completes 6L with a 5-0 vote. [42:01] **Mayor Jeff Weisensel:** Next item up is our public hearings, 7A: Certification of delinquent Municipal services to 2025 property taxes. [42:15] **Teah Malecha:** Good evening Mr. Mayor, members of the City Council. The City experiences delinquent accounts similar to other businesses. We do not utilize collection agencies and we don't typically shut off services. We are able to certify those delinquent amounts to the County to partition onto the owner's property taxes. Notices were mailed to those with delinquent utility invoices as of July 15th, including some delinquent mowing and code violation invoices. They were told that they could avoid certification if they paid in full by September 26th. At the time of the notice, there were 1,346 utility accounts that were delinquent for $427,900. As of this evening, we will be certifying 477 accounts for $277,200. We received about $150,000 in payments. [43:18] **Teah Malecha:** To compare to historical numbers: In 2023 we had 892 accounts for $276,000. In 2022 we had 785 accounts with $228,000. This evening what we are asking is to hold the public hearing, hear from anybody who may be here, and after that adopt the attached resolution certifying them to the 2025 taxes. [44:17] **Mayor Jeff Weisensel:** Could you repeat the updated numbers? [44:27] **Teah Malecha:** It is 477 accounts, $277,200. [44:31] **Mayor Jeff Weisensel:** All right. So this is a public hearing. We will open up the floor. Anyone wishing to speak before Council on this matter may do so. (Pause). Anyone to the podium? Seeing none at this time, I'll move to close the public hearing. Is there a second? [45:15] **Councilmember Paul Essler:** Second. [45:16] **Mayor Jeff Weisensel:** Motion been made and seconded to close the public hearing. All in favor signify by saying Aye. (Council: Aye). Public hearing is closed. Someone like to move the recommended action? [45:30] **Councilmember Paul Theisen:** I can move a motion to adopt the resolution certifying delinquent Municipal Services. [45:35] **Councilmember Paul Essler:** Second. [45:37] **Mayor Jeff Weisensel:** Motion by Theisen, second by Essler. Roll please. [45:40] **Erin Fasbender:** Freske? (Freske: Aye). Essler? (Essler: Aye). Klimpel? (Klimpel: Aye). Weisensel? (Weisensel: Aye). Theisen? (Theisen: Aye). Completes the certification 5-0. [46:00] **Mayor Jeff Weisensel:** Move on to item nine, New Business: Request from KJ Walk Inc. Looking to staff. [46:26] **Julia Hogan:** Mr. Mayor and the Council, we do have a major amendment request in front of the Council today. KJ Walk Inc. had requested a PUD final site and building plan and a major amendment to the Rosewood Commons planned development agreement to construct two commercial buildings with outdoor dining areas and a drive-through facility northwest of Business Parkway and Highway 42. The Planning Commission did see these requests at the July 23rd meeting and voted to approve the site plan and recommend the major amendment. [48:15] **Julia Hogan:** Each parcel contains one building. The building on the western parcel contains a standalone restaurant with an outdoor patio area, and the eastern parcel contains a multi-tenant commercial building with a fast food/drive-thru facility and an additional restaurant. Vehicular access into the site will be made from 149th Street West. The zoning ordinance requires at least 50% of the building to be finished with brick or stone and no more than 10% EIFS. The applicant is requesting the ability to include up to 18.5% EIFS in exchange for including stone and brick beyond the required amount (over 80% on both buildings). In front of the council today are two motions: to adopt the resolution and authorize the execution of the amendment. [51:10] **Councilmember Paul Theisen:** So is the applicant building this just for spec or is there identified tenants already? [51:24] **Julia Hogan:** I'll definitely let the applicant speak to that, but I did know that they had a few users on that eastern tenant building. [52:00] **Warren Israelson:** Good evening, I'm Warren Israelson, the owner of KJ Walk. We do have two tenants that are interested in moving in. The north one with the drive-thru would be a taco facility and restaurant, and the one next to it would be a pizza place, both in the eastern building. That's the one we would build first. At this time we don't have anybody for the standalone restaurant on the western side. [54:06] **Councilmember Paul Theisen:** How does that work from a staff standpoint if we approve the site plan today and they find a tenant later who needs a different layout? [54:38] **Julia Hogan:** If it's a significant change to the site plan, it would be a complete revision through the Planning Commission site plan approval process. [55:40] **Mayor Jeff Weisensel:** All right, maybe with that we look for the recommended motion. [55:50] **Councilmember Heidi Freske:** I'll make a motion to adopt a resolution approving a major amendment to the Rosewood Commons planned unit development agreement. [56:10] **Councilmember Paul Theisen:** Second. [56:12] **Mayor Jeff Weisensel:** Motion by Freske, second by Theisen. Roll please. (Roll call: 5-0). [56:30] **Councilmember Tami Klimpel:** I'll move to authorize the mayor and the city clerk to execute a major amendment to the Rosewood Commons planned unit development agreement. [56:40] **Councilmember Paul Theisen:** Second. (Roll call: 5-0). [57:11] **Mayor Jeff Weisensel:** Move on to section 10: City Staff updates. [57:12] **Logan Martin:** Chief Thomas has an update that he wanted to share. [57:15] **Police Chief Carson Thomas:** Mayor, members of the Council, I just wanted to make a quick pitch again for the third annual Pink Patch Collector Show event this weekend. It is Saturday 9:00 to 3:00 at the Community Center in the main banquet hall. Sergeant Jeremiah Simonson has been a leader in this effort. They have about 40 different vendors with law enforcement memorabilia. It is $5 to get in for guests, and all that money goes to the American Cancer Society. [58:43] **Police Chief Carson Thomas:** Officer Simonson is our local historian. He recently recovered some badges from the Gopher Ordnance Works ammunition plant from the 1940s. He's been brought in to help plan the display cases for our new station. Finally, our CSO Chloe Von Banks started her training up in Alexandria, and our other two candidates started yesterday at Hennepin Tech. We're looking forward to March to get them on staff. [1:01:01] **Erin Fasbender:** I have a voting update. We have been in full force with absentee voting since September 20th. Starting this Friday, we have the next process which is "direct balloting." Voters can come here and enter their ballot directly into the tabulator. We have extended hours, including weekends, which can be found on our website. [1:02:34] **Mayor Jeff Weisensel:** Before we close, I'd like to give a shout out to Councilmember Paul Theisen who represented us at the Mayor Challenge "Kicks for Cure." [1:02:45] **Councilmember Paul Theisen:** Yeah, the experience was great. I was filling in for the Mayor because he had knee surgery. Local mayors and commissioners were there. I'm happy to say that with 84% accuracy, I was able to bring the trophy home. And today is my 50th birthday too! If you go to "Real Men Wear Pink" online, you can donate to the cause under my name until the end of October. [1:05:39] **Mayor Jeff Weisensel:** The upcoming community calendar: Planning Commission October 22, Youth Commission October 23, Halloween Trail October 26, Utility Commission October 28, Pumpkin Collection November 2nd and 3rd, and next meeting November 4th. [1:06:24] **Councilmember Tami Klimpel:** I think we all want to thank the community who attended Oktoberfest this weekend. We had North 20 and Omni there, a polka band, and fire pits. It seemed like a successful first foray. [1:07:11] **Mayor Jeff Weisensel:** Any other business? Seeing none, I'll move to adjourn. Second? (Seconded). All in favor? (Aye). We are adjourned. [Music]