City Council Meeting - October 7, 2025

https://rosemountmn.gov/106/Agendas-and-Minutes 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 1:14 2. APPROVAL OF AGENDA 1:58 3A. DAKOTA COUNTY PRESENTATION 2:11 3B. FIRE DEPARTMENT OPEN HOUSE EVENT 16:18 3C. SPECIAL EVENT UPDATE - OKTOBERFEST 22:47 3D. MANUFACTURING MONTH IN MINNESOTA 24:52 5. PUBLIC COMMENT 28:34 6. CONSENT AGENDA 29:13 9A. AMENDMENTS TO THE ZONING ORDINANCE 30:23 10A. CITY STAFF UPDATES 56:02 10B. UPCOMING COMMUNITY CALENDAR 56:36 11. ADJOURNMENT

[0:00] [Music] [Music] [0:37] [Music] How? [Music] Good evening. I'd like to call the regular city council meeting to order for Tuesday, October 7th, 2025. [1:23] Tonight, this evening, we have some uh scouts from troop 270. I'd like to invite them up to lead us in the pledge of allegiance [1:39] 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. [1:56] >> Thank you, gentlemen. First off, is there uh any additions or corrections to the agenda? >> No, sir. >> Seeing none, I'll move the agenda. All in favor signify by saying I. >> I. >> Opposed. We have an agenda. [2:12] First item up, presentations, proclamations, and acknowledgements. The first is our Dakota County presentation, uh, led by our commissioner, one of our commissioners for the county or for our city, Bill Drossy. >> Thank you. Uh, mayor, council, staff. [2:28] Uh, I apologize. On short notice, Logan asked since we were in here at the work session. I do not have a PowerPoint for you. So, I'll keep it brief and just stay add. So, uh first of all, uh last evening, in fact, we just had a meeting talking about construction projects. But last evening, the county had an open house regarding the intersections, five of them between Highway 3 and Akran Avenue on 42. It was well attended. I can tell you uh most of the comments talking to the engineers, people really supported what they saw on the large maps and generally I've been to a lot of these throughout the county when they [3:15] have the first public meeting. Quite often in neighborhoods there's a lot of discussion, disagreement maybe, whatever. But here overall positive, well attended. This is uh scheduled two lights Auburn and Biscane uh engineering and uh next year right away construction 27 so that the light goes in prior to uh the school opening. The couple other items, uh, County Road 46 or 160th Street, we talked about that also just before this meeting from Highway 3 to 52, the need to upgrade it from a two-lane to four lane. Um, that is out [4:02] 2829, an expensive project, but um to secure the funding to move forward with engineering. Uh, one thing that wasn't mentioned at 52 and 46, which is in Coats, you'll probably see stop lightss going in there within the next month or two because of accidents and increased traffic at that interchange until the whole corridor is upgraded. [4:32] Couple other things. Uh residents watching this Kadamera and Akran next year there will be a roundabout going in there. Partnership with the city and the county led by the city similar to the high school uh early next spring. That road will be closed and a roundabout going in. Uh, also just people if they're watching this, traffic at Highway 3 and 42 with the railroad, it's an issue. The counties in the process issuing an RFP to for an engineer to study that as far as what are solutions for that. One other item that was kicked off two months ago and the state was out [5:17] here at your food truck festival. Uh the state is looking at the whole Highway 3 corridor all the way from 494 to the north to 160th to the south. They had public meetings in the last two months in Evergrove, Egan, and Rosemount collecting input. You'll probably see a report late spring, middle of next year as far as u what will be done with that road. And the issue with highway three all the way up and down the corridor there's individual choke points whether it's in Egan cliff road how it goes in rose mount biscane various elements and they're looking at them all individually [6:04] um one other thing so construction next year also at 52 and 42 the county will be putting in lights on the turn lanes off in the fat side. So, construction next year at 5242 and Akran Avenue. And I think at this point that's about all I really need to bring up. There's couple other road projects. Um 42 will be paved in a repaved in a couple years. The second item I'll talk to you about actually three items is uh county survey we complete and then I'm going to talk a little bit about tax rate also. So two [6:51] months ago or three months ago we uh every three years do a survey of county residents like you do. We use PCO the same company you use. And I can tell you overall uh quality of life and uh services citizens receive in the county 93% good to excellent high ratings. Uh three years ago the key issue uh concerns with residents was public safety and just safety overall throughout our cities and counties. That is trended down. The key two issues currently are taxes and the cost of housing. And I'll uh mention housing a little bit, but uh overall [7:39] services uh I can tell you our trails are and libraries are the two highest rated elements in the county. They're always up there. um just that we cannot put in enough I can say greenway trails and within the county we currently have approximately 56 miles and the intent or the goal is 200. So we're marching along down that road. [8:09] But uh the other thing that's highly rated is county services. And this is one element uh how we provide services. We're the safety net to all your residents and the 450,000 people within Dakota County. And we just had an update today at our board meeting. So when I say the safety net, so SNAP, child protective services, Medicaid, that all goes through the county um for application for federal programs. And just some of the numbers, we have 54,000 cases active within the county. We have [8:55] 551 cash assistance to households on monthly basis. 46,280 medical assistant cases. So that's all the Medicaid anyone. Hey, my grandma's in a nursing home uh needs assistance. [9:15] the qualifications. SNAP, we have 10,400 cases, but in some it's 54,000. We take 10,000 lobby visits a year and 22,500 calls a month as a support. 280 people at the county level just provide all this every day. That was the largest or the most eyeopening thing to me and that's 20 programs that are out there. I just mentioned a few. Today we had an update on the Henipin County um mortuary. We last year we had 115 [10:01] burials. So if somebody's dies, does not have a family member, it falls to the county and uh that's a number approximately it's flat but uh we're the uh last resort for health and human service. So again to you that's one of the 20 programs out there to your residents. We almost half our budget is that safety net element and uh by the way if anyone has a question on it I could just uh go on or otherwise I'll move on to budget like you we had to set our minimum levy uh this year is 9.5 next year 9.9 [10:49] uh and that is um eliminating 44 positions Now, we're not removing any people this year. We did not fill positions because we knew it would be a tight budget next year. We had 70 positions held open, but 44 of them are removed uh from the budget. looking at next year. Some of the highest drivers to the budget next year, cost of living inflation just like you uh was about 5% but just over 2% of the budget next year increase is state programs and I'll say uh SNAP and Medicaid where they're shoving the cost without any money. We [11:35] do the um administrative side of these programs and uh we're uh left holding that and we have to go straight the property tax to cover the administrative site. So 26 mostly it's state increases. [11:53] When you look at 27, it'll be the federal government cuts to SNAP and Medicaid that we're going to have to absorb more of uh those programs on the administrative side. So looking out long term uh next three four years uh we're not looking at any u I'll say small numbers like a two or 3% it'll be in this 9 10 even 11% we're looking at next year. So the second item, so taxes are a key issue. Uh residents and we are they are going up. Just on a medium price home in the county, it's 385,000 [12:41] or it'll be a $6811 increase. In Rosemount, your median value home is $422,000. So, it'll be $101.95 increase on uh average uh home, different price points, but uh just how new housing has driven up your cost. [13:07] On the housing side, uh just to give you a couple numbers, we at Dakota County, we have the community development agency. So, we do are doing a lot of things on housing. We operate 2,856 housing units throughout the county, 1,651 h senior housing units. and uh of those uh is the senior housing. But as we presented the study to you earlier this year, there's a need of housing at all levels, whether it's town homes, single family, apartments. uh when you look at your growth basically in all of our cities throughout the county, but [13:54] especially on the workforce and senior housing, the people at the lower end, older aging demographics, we do have uh we know there's a need for that senior housing subsidized housing. We just opened uh Nicholls Point in Egan with the Veterans Preference earlier this year. We're in the process opening uh Denmark Trail workforce housing in uh Farmington. Just about complete with that this month, next month, next year, Evergrove Heights. We're in the process building senior housing. And then uh two weeks ago, we just broke or cut a ribbon. We're starting to tear down the Delta Airlines data center in Egan. [14:42] That's the largest project CDA's ever taken on. We'll clean the site, probably put a senior housing or workforce housing on that project and then sell it off to recoup cost. But last item, I'll just mention to you uh today we adopted the five-year uh CIP which includes the trails, parks, greenways, and our facilities. I sent uh Logan a copy of our PowerPoint. It'll go out to all cities and townships. It's 99 million total looking out capital investment next five years. The deadline for you is comment November 14th. Then we'll have a [15:29] public hearing early December and adopted I think it's December 16th. So, uh lot of projects, a lot of road projects. uh that we talked about here earlier at your work session. And when you look at countywide 450,000 people, uh it's significant dollars. So with that, thank you. Uh I promise next time we'll have a PowerPoint and um >> like you quite busy. [16:04] >> Yep. Thank you, Commissioner. I'll just uh give a chance to any council members that have any questions before you leave. >> None for >> nothing to go. Thank you very much. Appreciate the information. >> Thank you. >> Thanks. >> So, that'll complete A and we accept that presentation. We'll move on to 3B, a fire department open house. Turn that over to Chief Springer. [16:31] >> All right. Good evening, Mayor and Council. Uh, as you know, October is known as fire prevention month. Um, it's really a way to remember and com commemorate uh the great Chicago fire of 1871, but more importantly, it gives the fire service an opportunity um to really focus on fire safety education in our community. Um, so standing next to me, I have Lieutenant Jeff Feeder. He's one of our uh Rosemont's finest um who coordinates all of our public safety and fire prevention programming. Um, so I thought I'd let him come up and talk about what we have going on this week. [17:02] Welcome Jeeoff. >> Thank you. Appreciate being here. Um, yes, I wanted to say we are proud to kick off fire prevention week. Um, a time to focus on fire safety, education, and prevention. Um, throughout this week, our firefighters will be visiting all the local schools um and daycarees to help teach kids how to stay safe and what to do in case of an emergency. Um, this is an opportunity that fire safety is something that affects every household, um, every family and every individual. Um, the best way to fight fire is to stop it before it even starts. We are especially excited to invite you to our um you all to our open house uh fire open house Sunday, October 12th from 11:00 a.m. to 2:00 p.m. um at station 2. It's going to be an action-packed field day um with lots of fun learning and community connection. [17:46] Um what we'll have there is live demonstrations, car extrication at 11:30, doors open at 11:00. Uh we'll have a helicopter landing at noon. uh ladder demonstrations at um aerial demonstrations at 12:30 along with a SOT coming in to give some of their demonstrations such as repelling. So, lots of exciting opportunities there. [18:06] We'll have a walkthrough safety house uh for kids to be able to go through kind of learn the safety behind how to escape um if there's a fire, uh hose spraying, kids obstacle course, firet truck tours, um and also free food. So, we'll have some free food there. It's a great opportunity for fire families to come out, meet their local firefighters, police and paramedics learn life-saving tips in a fun and interactive way. We want to see kids running through the obstacle course, parents asking questions, um neighbors connecting and shared commitment to safety. So, please spread the word, bring your family and friends, and we look forward to seeing everybody on October 12th. [18:42] >> And in there, I know you zipped through it pretty quick, but you mentioned the uh the walkthrough house. Can you want to explain a little bit about that because it's uh I think a new feature this year. >> It is one of our new features. Yes. Yes. So we've normally had a safety house where um kids had the opportunity to go to up the stairs to a upper level and then down a ladder. This is more of an inflatable option that we have um easier portable but it also is actually much larger and it's got a lot of great talking points to it. So, um, in in the inflatable, it gives the opportunity to inflate into, um, kitchen, opportunity to have, uh, smoke look like feature where kids can crawl under there, show what it's like to be low and stay low below the smoke. Um, talk about those different, uh, key points when it comes to fire safety. So, um, what to stay [19:28] away from 3 feet away from a fire stove. So, uh, yeah, lots of space for groups to kind of travel through this, um, safety house that we have. So, yes, definitely a new feature and we're very excited to show it off. >> Yeah, we want to thank uh one of our local businesses, Spectral Alloys, who made a donation earlier this year to help pay for that. So, looking forward to that. Open up to council any questions. [19:51] >> Yeah, I was I was just going to I think there's a perfect timing with uh you know um fire prevention month and everything that's going on. Just to highlight this hero highlight that just happened this last weekend when there was a a structural fire reported on a 4unit town home. uh first responders were actually four officers. Officer Trevor Wagner, Sarah Hugh Bacher, John Klector, and Khloe Von Bank were first on the scene and actually were there and from a second story rescued one person and a dog, but then the collaboration that they had with your team, the professionalism, seamless teamwork between fire and police. I'd just love um Chief Springer to to add to this a little bit if he could because I think it's perfect timing for what we're celebrating and training here, the public. [20:38] >> Thank you for that. And yes, just to echo those comments, um I just want to at least acknowledge really was a heroic effort on behalf of all four of those police officers that morning. Um events like this are hopefully never, but if anything once or maybe twice in a career um that you come across um a scene like this where you have a fire, you have somebody that's trapped that needs to be rescued out. So uh the quick thinking um putting, you know, putting their own lives at risk u to you know to save someone in their community. Um yeah, it was just an outstanding effort u by all four of them. [21:10] >> Can can you talk about how your team actually then saved the structure? So the because there's four four town homes in this unit. Sorry. Go ahead. >> Yep. No, that's all right. Um, so just to expand on that, yes, one of the other key pieces of of the response from our police department, uh, they were able to get into the other three units of that townhouse, um, quick enough to be able to clear it. Um, so that we knew we didn't have anybody else in the structure, um, which allowed our department, allowed our firefighters um, to really focus on the fire control and fire extinguishment. So, we were able to get that line pulled, get inside that structure quickly to get a quick knockdown on that fire before it expanded. So we were able to contain it to the unit of origin instead of it expanding into other units which would have significantly changed the outcome. [21:54] >> Okay. >> So yeah, overall just it was a great collaboration between our two departments. Um it's one of the things that I said when I started here and I love so much about being in Rosemont. It's it's one Rosemont. It's one team. Um we work very well together. Um and yeah, I couldn't be more proud of their efforts and for everything they did to to support us that evening that early morning. [22:15] >> Thank you. I I just wanted to call that out cuz I mean the last time we saw, you know, your fire department, they're doing the training out by Omni and all this stuff. Now you you're able to apply it and and not only that, but both the fire and and police departments working so well together. I just that was something to call out. [22:31] >> Thank you. >> Anything else from rest council? >> No. >> All right. Thank you very much for the presentation. Look for everyone to come out again. That's October 12th on Sunday 11 to 2 p.m. at Fire Station 2. >> Thank you. Thank you. >> That'll complete item number 3B. We'll move on to 3C, uh, special event update. [22:53] Mr. Schultz. >> Thank you, Mr. Mayor and council members. This Saturday, uh, October 11th, from 12:00 to noon, we'll be holding our second annual October Fest. Uh, we will be joined by Omni Brewing and North 20 as our co-sponsors in putting on this event. Uh we will have three food trucks. We'll have Nazis Grill uh from Rosemount. We'll have Ghart's BRZ and Ruland's Strudel House on site uh serving food. And then we will also have uh a poker band. Uh the Dale Pexa band uh from the South Metro will be playing from noon until 3. And then we also have a DJ coming up from Madison, DJ Shotsky, and she will be [23:39] playing from 3:30 to 7. Um, this event takes place in Central Park in the Rink area where I think many of you are familiar with coming for um, Food Truck Fest and Leprechaun Days, Halloween, things like that. And so, um, obviously there's going to be, uh, a lot going on there. We are going to be having some costume contests. Uh, and then the two breweries are going to be giving away gift certificates to the winners of those events. And then we also have free axe throwing. So, all day from noon to 7:00, we'll have an axe throwing uh trailer set up and it'll be free for whoever wants to take part in that. So, uh again, noon to 7:00 this Saturday, Central Park. Uh we invite people to [24:24] come out um take part in this fun event and hang out with your friends and neighbors in Rosemount. >> This is like our second second annual >> second annual. Correct. >> So, come out wearing your Dirtles and >> Leer Hosen. Yep. And it sounds like you've got some really good October Fest sounding names there. [24:43] >> We do. Yep. >> All righty. Anything from council? >> All right. Thank you. >> All right. >> That completes item 3C and we'll move on to 3D, the manufacturing of the month in November. And I'll look to uh Director Keaneburgger. [25:03] >> Thank you, Mr. Mayor, members of the council. Uh October is manufacturing month in Minnesota. So, as a part of that, we're requesting that the city council proclaim that as uh manufacturing month here in Rosemount as a part of the attached proclamation. [25:19] Couple notes on that and a little bit of you know context here in Rosemount. We do have a significant manufacturing base and just to call out a few of our local manufacturers in our our city including Spectra Alloys, Frana, Protoolabs, Uttertech Proampac um the amount of and types of jobs that they bring to the community of ours, it not only just provides a certain type of job um but also adds to the resilience of our community and diversifies our tax base. Um, one specific highlight that we got to experience last week was the completion of a $71 million expansion over at Spectro. They had an open house and offered tours. Um, it was just really interesting to see their new modern facility and the operations that they do there. So, just a special shout out to those guys. Um, and with that, [26:06] I'll turn it back to you for the proclamation. >> All right, that council started. Whereas Minnesota's manufacturers shape our world both here at home and around the globe. And whereas manufacturing's 58.8 billion contribution to the state's economy in 2024 represents 12% of the state's gross domestic product. And >> whereas manufacturing is a reliable career pathway in Minnesota with more than 93,000 job openings for manufacturing production positions through 2032. [26:43] And whereas Minnesota manufacturers are pioneering advances across subsectors to ensure the industry will remain competitive for generations to come. And >> whereas more than 8,500 manufacturers across the state create products that motans and people worldwide rely on every day. And whereas Minnesota made goods from medical devices to farm equipment carry our state's ingenuity around the globe bringing a uh 24.6 billion dollars into the state economy through manufacturing through manufactured exports alone. And >> whereas behind every Minnesota made product are highly skilled workers whose creativity, expertise, and dedication [27:29] strengthen Minnesota's communities and quality of life. And whereas manufacturing careers in Minnesota pay an average annual wage of just under $83,280, which is $9,000 or 12% higher than the state's overall average wage in 2024. [27:49] And >> whereas manufacturing's jobs provide not only family sustaining wages, but also opportunities for growth, innovation, and pride in building things that matter. Now therefore, I, Jeffrey D. Weisenell, mayor of Rose Mount, Minnesota, do hereby proclaim October 2025 shall be observed as manufacturing month in Rosemount, dated this 7th day of October, 2025. [28:17] And so it is said, so it is written, we have proclaimed October as manufacturing month. And that completes item 3D. And with that, we'll move on to four, response to public comment. I don't believe we have any responses due this evening. And that'll take us to public comment item number five. Anyone wishing to come before council this evening may do so. Please state your name, your address, limit your comments to three minutes or less. Uh state your uh comment or question for councel. The floor is open. [29:01] All right. Anyone? Seeing no one at this time, we'll move to close the public hearing. All in favor signify by saying I. >> I. >> Opposed. Public comment is completed for this evening. We'll move on to consent agenda six. Items A through F would includes our bill listings minutes for the September 16th, 2025 regular meeting minutes, accepting improvements and authorized the final payment on project CSAH42. [29:31] Resolution supporting Minnesota's suburban transit provider, our local MVTA, who's been serving our community since 1990. ISD 196 ICE rental agreement. Uh this is for the boys and girls high school team usage and then our concessions agreement for the at the ice arena. Would council anyone like to pull any item for further discussion or comment? [29:58] >> Seeing none, would someone like to move the consent agenda in the affirmative items A through F? >> So moved. >> Is there a second? >> Second. >> I have a motion by Tyson, second by Esler. Roll please. >> Esler >> I. >> Limple I. >> Weisensel >> I. Tyson. [30:13] >> Hi, >> Rusky. >> Hi. >> And that completes item six, consent agenda. We'll move on to public hearings, which we have none this evening. Unfinished business, which we have none this evening. And to item nine, new business, which we will talk about amendments to the zoning ordinance of the Rosemont City Code. Turn that over to Mr. Nemchuk. [30:35] >> Thank you, mayor, members of the commission. Uh the five proposed amendments to the city's zoning ordinance are the um result of discussions that have taken place between the planning commission and staff uh over the uh meetings held during the summer months. The planning commission held a uh public hearing at its meeting on September 23rd to review the formal uh proposed amendments to the zoning code uh and is recommending uh the council approve the amendments uh adopting an ordinance to approve those amendments. Uh so uh just in brief there are five amendments being proposed. Um I'll run through each of them uh individually uh but they are um [31:24] relatively minor in nature uh but do um have some uh substantial uh changes that staff believes uh will improve our code overall. So, the first uh proposed zoning code amendment relates to non-residential uh uses specifically um related to educational services. Uh staff did receive an inquiry from uh the developer of some uh uh warehouse office space. Uh they had a potential user a dance studio looking to locate here within Rosemount. [32:00] uh they are uh their development is within the B2 zoning district which um does not allow for educational services. Uh this only came up because uh dance studios are uh or I should say dance and music instruction are specifically listed as an educational service in that definition. Uh but being that educational services are not permitted um staff is uh following feedback uh and discussion with the planning commission recommending making educational services uh permitted use in there. It'll allow for um uh tutors, things like that. Uh you can see the definitions before you. [32:41] Uh staff would also note that indoor commercial recreational facilities are allowed uh which uh include um uh things that are listed there before you um skating ranks, reception halls, uh whatnot. Uh it did not really make sense why educational services would not be allowed. So, uh, staff did look at a few different cities codes, found that all actually do allow for dance studios or, uh, an equivalent use or in in the business park zoning district. Um, some name dance studios specifically, while others just call them teaching or training facilities. Uh, so there were two possible outcomes that the planning commission discussed. One would be to just simply add educational services as [33:27] a permitted use in the B2 district uh or update the definition of uh commercial indoor recreation facility to include dance studios. Uh the commission's discussion uh and feedback uh have staff recommending uh just adding educational services as a permitted use. [33:46] The second proposed amendment is related to uh principal uses uh in commercial or commercial uh uses uh specifically uh commercial event centers. Uh there are a number of uh standards that must be met uh when uh property owner uh or venue operator would like to uh run or operate a commercial event center. Um, specifically there are 19 standards. [34:17] There are two standards that staff has received inquiries about um from people who are looking to uh move into the city or operate such a use. Um there isn't a specific use or property uh tied to this proposed amendment. Uh but those two standards are that the property owner and the operator must uh be the same individual and the site shall be its primary residence. uh this use commercial event centers initially was brought into the zoning code uh to allow for the owners of farmsteads who might have a barn or some agricultural buildings on their property and do some sort of wedding farm wedding venue type thing. Uh so at that time the the requirement to have them own and own the property and have that be its primary [35:03] residence uh was included. Uh the second one uh the maximum number of guests is currently limited to 200 although the code does allow for a larger number of guests based on the size of the site structures parking availability and other relevant factors. [35:20] So uh the planning commission did discuss this in detail. uh the planning commission did not feel that there would be a uh major need or benefit or reason to require the property owner to live on site. Um simply being present uh on the premises for the duration of each event would be sufficient. Uh and then secondly, uh because there already is a provision in the code, uh the standard does already allow for the the number of guests to be based on the size of the site and structures um that why not just let the number of guests be based on the size of the structure, the amount of parking and other relevant factors like any other use. Uh so the proposed [36:07] amendments uh are there before you. The third one is related to accessory uses, specifically outdoor dining. There was a discrepancy in the code between what the city uh requires when issuing a liquor license and what the zoning ordinance uh requires for outdoor dining if a liquor license uh is granted for that site. Um the council may recall that this was recently updated. Um there was a patio a business in town that wanted to put in a patio in which uh the patio area was not uh contiguous and there would be access into it uh not through the principal building. So [36:53] that's no longer a requirement to issue a liquor license, but it is still a requirement for the zoning code. So the proposed amendment would just bring those two into alignment. Uh the patio or deck area must be compact and contiguous uh and shall be quarantined off by an appropriate fence, wall or staff monitor. Um so that is that proposed change. [37:18] The next one is related to fencing standards. Uh we've uh received a couple of requests lately, although I will say that uh they are somewhat a regular request uh to build a six-foot set in a excuse me, a six-foot fence in a sideyard area. The image shown here on the screen uh gives you an idea of what the maximum fence height is in various portions of a yard. Uh most city or most properties in the city have the maximum of a 6-ft fence height in the side and rear yards. In front yards, the maximum height is 42 in. But in the case of a sideyard on a corner lot that abuts the front yard of an adjacent property, this [38:05] maximum height is 48 in. And so the requests we've received or staff has received is to build a six-foot uh uh like a privacy fence around their entire uh rear property line. There aren't a ton of properties where this actually um uh is relevant for. Uh most of the time there there's not a rear or a or a front yard facing a sideyard of an adjacent property. [38:36] staff did look at codes from different uh uh cities and found that none really regulate that street sideyard se uh fence height. Uh and we know that there are fences that are 6 feet tall in that street side yard that abut the front yard of an adjacent property. Staff has not received any complaints about those types of properties. Um, so looking at what other cities have done and based on conversation that the planning commission had, uh, staff is recommending to just eliminate that 48 in height and the street sideyard setback so it's a consistent 6 ft uh, from the, uh, side and rear yards. Uh, [39:23] also note in this image too, it's a little deceiving. uh the the code does not allow for a fence right up to the curb in the way that this kind of looks here. The the maximum uh distance would be to the property line which is roughly 13 ft from the curb. There's a right ofway area. So it would not be a fence right up to the curb as this sort of depicts. [39:50] Um parking lot landscaping. The code requires a certain amount of landscaping to be placed within parking lots, trees planted in islands and peninsulas. Uh the the intent of this is to help alleviate some of the heat island effect, provide shade in those parking areas. Currently, the code requires those parking lot trees in addition to the uh one per 3,000 square foot requirement for a tree. So, if a developer comes in with a lot, say it's a 9,000 foot lot, they would have to plant three trees on the site, and they would also have to plant a certain amount of trees within the parking lot. [40:28] I'm only using these numbers as an example. Uh 9,000 isn't the a great number, but it does uh you can divide it by three. Um, but the trees in the parking lot would be required in addition to the one per 3,000 square feet. Uh, the discussion with the planning commission was if we're if the goal is to have one tree per 3,000 square feet on the site. That should just be the goal. Uh, the required parking lot landscaping would simply say that of all the trees that you are planting on this site, a certain number of them have to be provided in the parking lot area. [41:06] uh it it still meets the intent of the ordinance. Uh but I would say that in our site plan reviews that is kind of the part that always creates confusion amongst developers and uh landscape architects and that's where we usually try to um have the conversations with them early on so that they understand that. So uh the proposed change would simply uh be to uh have the only shrubs, flowers and ground cover uh be in addition to the minimum number of plantings required. The trees would just simply be calculated based on the site area and then I believe that was the last one. Uh [41:54] there was some discussion about some screening uh requirements. The code requires 90% opacity. Um staff is planning on continuing that conversation uh with the planning commission. There wasn't a desire to uh incorporate that change into these uh recommended uh amendments. [42:16] Um there were included with the commission uh the council's uh packet um minutes or excerpts from the meeting minutes from those discussions uh with the planning commission. Um as I said those meetings were held or those discussions were held during the regular meetings um in July and August or June and August. Um so I can stand to answer any questions. [42:44] I know it's these are kind of dry issues uh but they are things that uh as planners we deal with every single day >> like the desert sands. >> Anyway, open it up to city council. Any questions? [43:01] >> That was dry. That was dry. That was dry. Yeah, >> if I may may comment. Um I did watch, you know, multiple um planning commission meetings around this and um one thing I appreciate especially, you know, items one through three here is that these seem not only like common sense adjustments, like I was kind of surprised when they these were conversations and we had to make the changes, but also that these are very supportive of some small business operators and entrepreneurs coming into Rosemount and looking in into investing in Rosemount. So, um happy to see these changes kind of coming forward to support that as well. [43:36] I just got a question, a clarification on the fencing standards, and I may be the only one that's confused. Uh, I hope not, but maybe I am. Um, so what you what we're doing on the picture that currently has that little section of orange that's being changed so that in that example where that sideyard is adjacent to the front yard of the neighbor. So that is going to be replaced with what? Blue. [44:06] >> Yellow. >> So now yellow. So, so that location can have a 6-ft fence right next to the blue next door that can only have 42. So, you could literally have two fences side by side on that street that would be 60 in and 42 in. [44:26] >> Yeah, that's how it would play out. Yes. Um it's unusual that we have front yard fences in general. Uh we just don't see them all that often. Uh the the um requests we receive are from people who say, "Well, I don't want a 48 inch fence and a 60-inch fence surrounding my yard. [44:43] I have big dogs. 48 in isn't going to be anything. So, I'm therefore I can only fence in, you know, twothirds of my yard uh because I need a six six uh foot fence." Um so, that is the the change that would be made. Uh but also as I did say that there are not all that many properties in which a front yard is abudding the sideyard of a corner lot. [45:11] >> Do we have any examples? I can't even think like I I think of like the stereotypical white picket fence on the front of a front of a house. Like do we even have any I can't think of any driving through town that has any fences in the front. >> They're mostly decorative and they're usually split rail. There are some picket fences in the front, but there are a lot of the corners to kind of delineate the yards. Um, but they're not uh we don't see a lot of chain link fences in the yards, but they're mostly decorated in the front decorative in the front yards. [45:49] I I just find it strange that you could if if somebody did do that in that in that location and then right next door their neighbor could put up a foot and a half higher fence, >> right, >> Anthony? is the front yard fence is sometimes a public safety issue too, right, for view sheds into the property as first responders are responding to homes. And so a front yard fence typically from my recollection is preferred to be a bit shorter from a a viewshed from a safety standpoint into a front yard. And so I get the point you're pointing with the orange versus blue. Yeah, I'm I I don't have an issue at all keeping the 42 in >> because the rest of their property could be having that >> adjacent property in theory could have a fence that's a foot and a half taller [46:35] and that just going to look >> going to look odd, but it's a sideyard. So, I get it. >> It's their sideyard technically. >> Yeah, that there are spots where it does work out that way. Um, I, as I said, it's not all that often that we have a front yard fence, nor is it all that often that there's a sideyard um on a corner lot that abuts that. A lot of the corner lots are back to back um or they just it just doesn't work out that way. I mean, I guess what what's what's driving this change? Because again, the the way it is right now, leaving it at 48 in, it's only a 6 in spread as opposed to now it's an 18in spread. if this if this situation would ever happen. [47:18] >> So driving. >> Yeah, we get we get requests for fence permits and we have to say no. Um but then we also know that people will get their fence replaced without a permit, you know, putting it in the same spot, just get a new fence put up. They end up just going a little higher. So then you do just end up having a six sixoot fence uh in that area. So then someone buys that house, comes in, they want to replace the fence yet again, and we say, "Oh, well, you can't have a six foot fence in that that area." And we can we have aerial images. We can see when it happened, and it's within the past 10 years or so. [47:57] >> Uh so it's kind of just meeting the meeting the demand and the requests that we're hearing from the public when they're wanting to put fences in. And then based on our review of other cities codes, we're we're regulating it differently than other cities are. Um, so I guess just a question for the rest of council then. Does anybody else have an issue because we're we're passing the we're voting on the resolution for all of them. We're not doing them individually. So, right. Is there anybody else I guess that has an issue with it or is everybody else comfortable with with >> if you want it pulled you could pull it for further >> pull the whole thing or just >> pull that standard if you felt that was necessary. [48:41] >> Well, that's I mean if if I mean >> if you guys >> I do have a uh couple of questions on there. You mentioned that the the map doesn't really highlight the where you would actually put the fence. And I'm curious, is that where the dotted line is on there? [49:01] >> Well, yeah. And I apologize, I should have thrown an aerial or something on here to give you a little bit better context, but the dotted line would probably be a better reflection of where a fence would go. So, um is >> are we allowed to put the fence on the on the, uh, property? Yeah. On the property line. [49:21] >> Yeah. So, there's actually the, if you, if you're looking at this, just imagine if this was the right of way. >> Yeah. >> In the front, >> then it would, that would be as far back as you go >> on the property lines, the actual property lines, you can go up to. So in theory, the blue and the orange, you could be have those two fences could literally I mean those spaced apart, >> but they or they could be right together. They could be right together along the side and rear property line >> along the rear, but on the side you could have you're saying that they'd be different. [49:56] >> Yeah. >> But like it would be rarely put front fences. I you don't see many front yard fences. >> No. No. Right. I just >> I I I mean I just I guess I understand why it was I guess I understand why item 1 C was in place before and I I don't know what's driving the change. Like you said if if people are saying they want a six-foot fence on their sidey yard just happens to be on the street side. [50:25] >> Yeah. And I think it's even more so um when there are neighborhoods that aren't as grid patterned where it's a little squishy on what is the sidey yard and what is the front yard, especially if it's a pies-shaped lot or an irregular shaped lot. Uh most of the city is not like this type of a neighborhood. You know, they're newer culde-sacs, things like that, curved streets. Uh so the the impacts are pretty low to the change I would say. Um because one we don't see front yard fences. I would say most people just stick those little you know the rod iron ones that you can buy at Menard's in the ground if they're going to put one in the front yard without [51:11] even >> having a fence permit because >> yeah stick it in the ground. >> I guess I would say I mean if everybody else is comfortable with it. I mean it's there's five items on here so 80% of it I'm good with. So, >> as a followup, assuming this gets uh approved, you'll update the drawing a little bit more. [51:32] >> Okay. >> Uh I'd like to visit uh what was the one here on uh 1163 the commercial. So, in there um the bases go up to the uh the red. is based on size, site, structure, parking availability, and other relevant factors. [51:54] Is there a matrix that staff uses to determine the maximum number of guests based on those items? >> So, uh, size of the site and the structures would be a a building code, fire marshall standard. And then as far as parking availability, it's based on one parking stall per three guests, I want to say. [52:18] >> Yeah. I guess I'm if uh if a resident was looking at this, how would they determine that other than having to come in and >> and talk with staff? I guess >> that's kind of how everything works. Um as far as parking requirements, they're in our code. Um it usually starts with a conversation with staff. Um >> m Mr. Mayor, maybe if I can take a a shot at answering that question. So every all other uses within the zoning code um don't prescribe or most of them don't prescribe a number of occupants. [52:53] It prescribes a number of you know you know size setback distance all based on the site that that project like a daycare for example it in our code it doesn't say daycarees can only have 30 students and then it has a bunch of other factors. This is trying to bring this more in alignment with how we man manage and maintain our other uses within most of our zoning districts that the site dictates the intensity of the use on that site and the number of occupants on there instead of I'll say somewhat artificially prescribing a number of occupants on a site and then making them design a site around that. [53:26] >> Well, I guess I was I was looking a little bit more towards if you have a site and it's an acre, >> how many would you have on there? That would be part of the matrix. you could have a up to a maximum of something, but if there's a structure on it that changes it and now you're within the structure and parking is going to change that. So, somebody using that I guess is um I'm just it it seems a little convoluted a little bit. That's why I was looking for like a matrix type thing. I I think I understand what you're asking and maybe I'll expand my answer by by saying that any undeveloped piece of property, nobody knows exactly, you know, what how many students, guests, whatever it can fit on there until they do a site plan using any city [54:13] codes to apply it to it and then that will determine how they can utilize that that parcel. >> But I think in some of the discussion maybe that I missed that on here. Well, yeah. It was around this like if I owned a farm and I wanted to look at my barn, >> um would I where would I go to find out that hey, if a barn was x amount of square feet, I have at least an idea of how many people I could have there. if it's a 200 or if it's a 100 type facility, I've got to come into the city and walk through that >> or work with a a design firm or anybody else to utilize the other portions of our code which dictate how a a property would be utilized in that fashion. So, it's it's a commercial use being applied to a >> they can find that in the code though [54:59] how to do that. Okay. >> Correct. >> If certainly not the individual a design professional can find that >> that's what I'm asking. Okay. All right. Any other questions from councel? [55:15] All right. Anyone wish to move the recommendation? I'll make a motion to adopt a resolution approving the summary publication and a motion to adopt an ordinance amending sections 11-4-2 11-6-3 11-6-8 11-7-5 and 11-7-6 of the city code. [55:38] >> I'll second. >> Okay. And just to confirm that that is all of the amendment sections. So, >> I have a motion by Esler, second by Freski. Roll please. >> Climple I. >> Weisensel >> I. >> Is >> I. [55:54] >> Resky >> I. >> Esler >> I. >> Thank you very much. That completes 9A50. >> Thanks. >> Move on to item number 10. City staff updates. >> Mayor, I think that all the awesome things happening in town got mentioned already, so I can give the mic right back to you to talk about the calendar. [56:14] >> Great. All right. Any anything from council members before I go into the community calendar? Seeing none, um what happened? Somebody somebody moved my community calendar. [56:32] >> There it is. I got it. Uh so as her as heard earlier this evening, Saturday, October 11th is October Fest 12 to 7:00 in Central Park, followed by Sunday, October 12th, 11 to 2, fire station 2 for the fire department open house. [56:50] The Port Authority meets on October 21st from 6:00 to 7:00 here in the city chambers. And our next city council meeting is October 21st, 7 to 8:00 p.m. also here at city hall. And with that, if there are no other business, no other business come from councel, I move to adjurnn. Is there a second? [57:11] >> Second. >> All in favor signify by saying I. >> I. >> Opposed. We are adjourned. Thank you. [Music] Hey everybody. [57:40] [Music]