Planning Commission Meeting - April 23, 2024

https://rosemountmn.gov/106/Agendas-and-Minutes 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 0:50 a. Oath of Office / Appointment and Re-appointment of Planning Commissioners 1:19 2. ADDITIONS TO AGENDA 2:55 3. AUDIENCE INPUT 4:44 4. CONSENT AGENDA 3:22 5. OLD BUSINESS 6. PUBLIC HEARINGS a. Enclave Companies 5:20 b. Requests by First State Bank of Rosemount and Akron 42 LLC for the approval of preliminary and final plats to subdivide land on the north side of CSAH 42 and west of Akron Avenue. 6:10 c. Request by Northern States Power (Xcel Energy) for approval of a PUD Final Site and Building Plan to construct an electrical substation. 19:30 d. Request by KJ Walk, Inc for Preliminary and Final Plat approval for Rosewood Commons 3rd Addition. 40:55 e. Request by KJ Walk, Inc for Preliminary and Final Plat approval for Rosewood Center 2nd Addition. 52:23 8. DISCUSSION 1:01:06 9. ADJOURNMENT

Based on the context provided and the dialogue in the transcript, here is the updated version with speaker names identified. **Note on Identifications:** * **Michael Reed:** Identified as the Acting Chair for this meeting (addressed as "Chairman Reed"). * **Anthony Nemcek:** Senior Planner, identified by name at [6:42]. * **Julia Hogan:** Planner, identified by name at [40:56] and [52:15]. * **Commissioner Whitman:** Mentioned frequently in the transcript as a voting member, though not present on the provided initial list. * **Adam Kienberger:** Community Development Director, identified by his report on department awards and staff member Eric Van Oss. *** [0:06] [Music] [0:53] **Michael Reed (Acting Chair):** Welcome to the Rosemount City Planning Commission for April 23rd. Please stand for the Pledge of Allegiance to the flag of the United States of America and to the Republic for it stands, one nation under God, indivisible with liberty and justice for all. All right, thank you. Let's get started with the meeting. Um, our first item on the meeting is uh, oath of office and appointment of and reappointment of planning Commissioners. At this time I think we want to have the Commissioners come up front, is that ready? [2:00] **Erin Fasbender (City Clerk):** [Leading Oath] ...the United States that will support the Constitution of the United States and the State, and faithfully discharge the duties of the City Planning Commissioner for the city of Rosemount in the county of Dakota in the state of Minnesota to the best of my judgment and ability. [Applause] [2:54] **Anthony Nemcek (Senior Planner):** All right, thank you Aaron. Um, are there any additions to tonight's agenda? There are no additions, but staff would just like to note that uh, there was a recent update to the agenda ahead of the meeting to add the request by Enclave companies um to public hearings 6A, just as a note to those that may be listening at home. [3:15] **Michael Reed:** Okay, thank you. And and for that one, is that the one we're going to continue the public hearing is open we will continue that? Okay, great, thank you. All right so next up is the consent agenda and the only item on the consent agenda is the uh minutes from the March 18th regular meeting. Um, I recognize that uh we do not have a quorum of Commissioners who were here for that meeting. I know commissioner Whitman and I were here. I am comfortable with the minutes; I think they reflect accurately that meeting. I'll ask Kurt if he does as well and I will take a vote if the new Commissioners are also comfortable—this is fairly administrative, you can um vote in as well. Kurt, are you—? [3:55] **Matt Buggi (Commissioner):** Yeah, I'm comfortable. I have no additions. [4:02] **Michael Reed:** Okay great, and I'll make a movement to approve the consent agenda for March 18th. Is there a second? [4:08] **Commissioner Whitman:** Second. [4:10] **Michael Reed:** Um, moved by commissioner Reed, second by commissioner Whitman. All those in favor say aye. (Aye) Opposed? Okay, motion passes. All right uh, next up is old business. Is there any old business to go over today? [4:25] **Anthony Nemcek:** None, Mr. Chair. [4:28] **Michael Reed:** Great, great, great. Let's see here... okay so we're going to move on to the uh the public hearings. Um, the next item on the on the agenda is the public hearings um um I want to ask first um—actually we should do audience input. We didn't do that first, did we? Um, I'll go back for a second, sorry. Um, the audience input section is for anyone in the audience who has a question or comment that they want to make that's not on the agenda. Um, is there any audience input? Okay, very good. Now I'll move on, sorry about that. Uh, now it's time for public hearings. Uh, the first item on the public hearings is request by First State Bank of Rosemount and Akron 42—excuse me I'm sorry um... [5:05] **Anthony Nemcek:** With that Enclave company, we would still need a motion for item 6A okay uh to continue that to the May meeting okay that thank you because the public hearing is open. [5:15] **Michael Reed:** Okay great. Uh, so for that I have the request for First State Bank of Rosemount... we opened up the public hearing last week, so it's quite simply a motion to uh keep the public hearing open. Um, I'll make that motion. Is there a second? [5:32] **Commissioner Whitman:** Second. [5:34] **Michael Reed:** Okay, um moved by commissioner Reed, seconded by commissioner Whitman. All those in favor say aye. (Aye) Okay, thank you. All right, the next item on the agenda is the um request by northern states power Excel Energy... [5:52] **Anthony Nemcek:** Um, Mr. Chair if we could just clarify um if you have that take a look at your surface we should have the the updated agenda on there um so just shift everything down down one. So A under public hearings was a request by Enclave which we just voted to continue to the next. [6:10] **Michael Reed:** Okay, cool, thank you. [6:12] **Anthony Nemcek:** Um, Item B which is the one that we would suggest that you open the public hearing for coming up next is the request by First State Bank. [6:20] **Michael Reed:** Cool, thank you so much. I had an old copy and so that makes a lot more sense when I was doing... okay so item A we've taken care of. Item B is the request for First State Bank of Rosemount and ACR 42 LLC for approval of preliminary and final plats to subdivide land on the north side of um Highway 42 and west of Akron Avenue. Anthony? [6:42] **Anthony Nemcek:** Okay, so um this is two requests, but it's really basic. It's really um related to a single property here in Rosemount uh on the north side of 42. This is a land that is uh designated for commercial development just south of the Roar's apartment building uh for uh preliminary and final plat approval for two plats. The first plat would create two parcels, the second plat would take one of those parcels and then further subdivide it. [Detailed presentation of the plat maps and zoning standards]. Therefore uh staff is recommending approval of the preliminary and final plats for both additions. Those motions are contained within the staff reports. The subject—the main condition also note is renaming the uh plat that is currently titled First State Bank of Rosemount to Preswick Place 26th Edition. Um, I'm happy to answer any questions that the commission may have. [13:16] **Michael Reed:** Are there any questions from the Commissioners at this time? Is the .572 acres, does that reflect lot one and two, the outlot... what does that reflect? [13:25] **Anthony Nemcek:** It reflects this entire plat area piece, yep. [13:30] **Michael Reed:** Okay. Um, I'll just say I I haven't—I don't have any questions on this since we just saw this I think last month and it seems in alignment with the plans reviewed at that time. Um, are there any other questions from Commissioners? [13:41] **Commissioner Whitman:** Yeah, thank you. Um, just a just a question and I agree or I'm I'm fine with the idea of the fee in lieu being paid at the time of building permits. I'm just curious of how how that's communicated... how would a potential purchaser buyer like know about that you know otherwise? [14:18] **Anthony Nemcek:** Well part of their due diligence would be to work with the seller to understand what sort of development fees that may still be required. But it is certainly something that comes up when they uh request the building permit and it's part of their building permit fees... [Explanation of fee collection and record keeping]. [15:13] **Commissioner Whitman:** Okay, and so staff's comfortable just you know—and something doesn't happen with those buyers and in the future then someone else comes along and says what are you talking about? You're comfortable that you've got enough on the record? [15:28] **Anthony Nemcek:** Right, and these are um anticipated to develop in a somewhat short time frame versus 20 years from now. [15:38] **Matt Buggi:** Well just—is the so the the park dues they are assessed for both lot one and lot two and that they're paid upfront and then that will be—it's up to the developer and the buyers to figure out how those costs get...? [16:01] **Anthony Nemcek:** So there's two ways that park dedication fees are collected by the city... [Detailed explanation of park dedication fee collection methods]. [17:15] **Michael Reed:** Okay thanks. Other questions? Okay, uh this is a public hearing uh so at this time I will open the public hearing. Uh, first thing though do we—did we receive any written questions? [17:28] **Anthony Nemcek:** No, we didn't receive any written. [17:30] **Michael Reed:** Okay excellent. Then it's time for anyone in the audience who would like to come up and make comments... [Silence]. All right, I will make a movement to close the public hearing. Is there a second? [17:42] **Aaron Beadner (Commissioner):** Second. [17:44] **Michael Reed:** Motion made by commissioner Reed, seconded by commissioner Beadner. All those in favor say aye. (Aye) Public hearing is now closed. Um yeah, this seems really much an alignment with what we've seen in the past. Appreciate the work on this. Um for those newer Commissioners, we've reviewed this last month at length. I think this is going to be a great development. Um, are there any final questions or comments before we make a movement? Okay, uh would somebody like to make a motion? [18:31] **Michael Reed:** I'll start. I'll see—I'll make a motion to recommend city council approve the preliminary and final plats for Preswick Place 25th edition subject to the following conditions numbers one and two. Is there a second? [18:47] **Jeff Ellis (Commissioner):** I'll second. [18:49] **Michael Reed:** Moved by commissioner Reed, seconded by commissioner Ellis. All those in favor say aye. (Aye) Opposed? Motion passes thank you. Oh, second motion: motion to recommend the city council approve the preliminary and final plats First State Bank of Rosemount subject to the following conditions numbers one through three. Is there a second? [19:15] **Matt Buggi:** Second. [19:17] **Michael Reed:** Moved by commissioner Reed, seconded by commissioner Buggi. All those in favor say aye. (Aye) Opposed? Motion passes. All right thank you Anthony. All right, so next up on the agenda is a request for northern states power Excel Energy for approval of a PUD final site and building plan to construct an electrical substation. [19:56] **Alisha (City Staff):** Hi Commissioners. Um, I'm I am presenting for a site final site and building plan review for an electrical substation within the project Bigfoot planned unit development. The substation will be known as UMAR Park substation... [Detailed presentation on site location, fencing, 3D renderings, and noise/EMF levels]. The recommendation is the motion to approve the final and building plan to allow Excel Energy to construct an electrical substation subject to the following conditions. I'm happy to answer questions and then the applicant is also here. [29:17] **Michael Reed:** Very good, thank you. Um, I'll start off... I think this is the first detailed plan that we've seen for a substation. Do we have any sense of how this compares from a safety and fencing standpoint to other substations in the area? [30:05] **Anthony Nemcek:** They aren't common in Rosemount... It's typical for this. I do believe that this fence is a little bit offers a little more screening than the one that is uh currently in existence over on the Eastern side of the city. I would also defer to the applicant on on how this compares to other substations. [30:51] **Michael Reed:** Okay, thank you Anthony. Um, I did have other questions but I think they're for the applicant. Do the Commissioners have any questions for Alisha? No? All right very good. Uh, then we'll go ahead and this is a public hearing we'll open the public hearing. I think you already stated there's no comments um that were written or sent in, so at this time I'll ask the applicant to come up. State your name and your address please. [31:37] **Kirsten Candland (Excel Energy):** Hi, good evening. I'm Kirsten Candland and I'm out of the Newport, Minnesota office. I am the community relations manager for Excel Energy representing the city... I'm here with Marcus Green, he's with ERM, and a familiar face Jake Andre, he's been in front of you before many times. So we're happy to address any questions. [32:10] **Michael Reed:** Great. There have been a lot of questions and concern about EMF. I think it's been answered a few times but I'm going to just couple clarifications. I think initially it was characterized amount of EMF as something like a cell phone... do you want to say more about that? [32:26] **Kirsten Candland:** I can. I would defer to to Jake on that one... we're well under [MPCA] regulations. [33:11] **Kirsten Candland:** Quick comment on the fence and the safety. It's um it's a little more privacy, it's a little more secure... the number one issue we have with substations is animals, so we want to make sure—it's a higher security fence with a little more privacy and it's going to keep um things out that we don't want in, four-legged and two-legged. [33:49] **Jeff Ellis:** Had a question. So at a kind of at a high level, I saw that there was like an owner substation and then this one as well. Can you walk us through why there's kind of two substations? [33:59] **Kirsten Candland:** That was part of their PUD. They wanted their own um in addition to ours, and ours is is to connect that transmission line... it just it links the two. [34:30] **Jeff Ellis:** And is this substation um serving all of Rosemount or just Project Bigfoot? [34:36] **Kirsten Candland:** It is serving a transmission line... I imagine there will be other feeders that can feed into this for other Rosemount developments as it comes. [34:57] **Commissioner Whitman:** Thank you. Um, I heard stating that project Bigfoot is a fully renewable... it's all renewable energy that's being used for the facility. Does that have any relation I guess to this? [35:48] **Kirsten Candland:** I can't comment on that... but Excel Energy has somewhere in the 50% of renewable energy so it's it's got a mix of that. [36:19] **Jake Andre (Excel Energy):** Good evening Commissioners, Jake Andre, Excel Energy. [Explains the integration of renewable energy and carbon-free sources in the grid and project Bigfoot’s sustainability initiatives]. [37:37] **Matt Buggi:** Question... the way I understand this is the storm water pollution prevention plan will be transferred over to Excel... is that just part of the grading permit process? [38:13] **Marcus Green (ERM):** Hello Commissioners, my name is Marcus Green I'm with ERM. [Explains the transfer of the SWPPP from Project Bigfoot to Excel Energy once construction is complete]. [39:15] **Michael Reed:** All right, I'll make a motion to close the public hearing. Is there a second? [39:20] **Jeff Ellis:** Second. [39:23] **Michael Reed:** Motion by commissioner Reed, seconded by commissioner Ellis. All those in favor say aye. (Aye) Opposed? Okay, public hearing is now closed. Um again, I I feel this is like really in alignment with the plans we've seen a number of times. Any other questions from commissioners? [40:12] **Michael Reed:** All right uh, would somebody like to make a motion? [40:15] **Commissioner Whitman:** Sure, yeah, I'll make a motion to approve the final site and building plan to allow XL Energy to construct an electrical substation subject to the conditions that are uh laid out in in the executive summary. [40:32] **Aaron Beadner:** Second. [40:34] **Michael Reed:** Motion by commissioner Whitman, second by commissioner Beadner. All those in favor say aye. (Aye) Oppose? Okay, motion passes. Thank you. All right, next up is the request by KJ Walk Incorporated for preliminary and final plan approval for Rosewood Commons Third Edition. Julia? [41:10] **Julia Hogan (Planner):** All right, so uh this request is the preliminary and final plats for Rosewood Commons Third Edition. [Detailed presentation of the 13.58 acre area north of County Road 42, including the five buildable lots and park dedication fees]. At this time I can answer any questions that the Planning Commission may have. [44:54] **Michael Reed:** Just for context, the memory care facility on that—that's that's already been opened just to the north of that. Um, I think we had approved the plans for um medium density... are those still planned to go in there? [45:15] **Julia Hogan:** They are still buildable lots at this time... [45:26] **Anthony Nemcek:** If I could also interrupt, that was approved as a plan unit development master development plan so they can come forward with building permits currently. [45:41] **Michael Reed:** Excellent, okay thank you. Um, you know the other question I had—as we add a lot of businesses in this area, we'll see a lot more traffic on 149th there. Can you go over what is the expected... how are we going to handle some of the the traffic we expect there? [46:38] **Julia Hogan:** That will be more identified when we do get development plans... [47:06] **Anthony Nemcek:** Chairman Reed, were you referring to signalization of the intersections with County Road 42 or street lighting? [47:15] **Michael Reed:** Signaling. [47:16] **Anthony Nemcek:** So the plan is to have signals at Biscayne and 42. Business Parkway is not slated for signalization by the county. [47:52] **Julia Hogan:** And also um these both this item and the next item... they do go to the county plat commission at tomorrow's meeting so they will also um be making those comments. [48:10] **Jeff Ellis:** And so just—I'm making sure that I'm reading and understanding that right. All of the traffic is going to come in on 149th? [48:19] **Julia Hogan:** Correct. [48:22] **Michael Reed:** All right, thank you Julia. So again this is a public hearing. At this time we will open the public hearing. I'll invite the applicant up. [48:38] **Luke Isson (KJ Walk Inc):** Good evening Commissioners, my name is Luke Isson I'm with KJ Walk. [Discusses timing on apartment buildings and new construction plans for the summer]. [49:50] **Michael Reed:** Okay, uh are there any other questions for the applicant? All right well thank you. [49:55] **Luke Isson:** Thank you. I'll be back in a little bit. [49:58] **Michael Reed:** Yeah, uh at this time I'll close—I'll make a motion to close the public hearing. Is there a second? [50:04] **Jeff Ellis:** Second. [50:06] **Michael Reed:** Motion by commissioner Reed, second by commissioner Ellis. All those in favor say aye. (Aye) Opposed? All right, public hearing is closed. Great to see this development coming forward. I think I've got all my questions answered. Are there any final comments? [50:42] **Matt Buggi:** No, I was just going to echo the the same kind of concern with traffic in terms of how how people will access it. [50:52] **Anthony Nemcek:** [Explains the restricted 3/4 intersection access at County Road 42]. [51:56] **Michael Reed:** All right, so at this time we'll we'll take a motion. Somebody like to make motion on this one? [52:03] **Matt Buggi:** I'll try it. Uh, motion to recommend the city council approve the preliminary and final plats for Rosewood Commons Third Edition subject to the conditions the two conditions that were set below. [52:13] **Commissioner Whitman:** Second. [52:15] **Michael Reed:** Motion by commissioner Buggi, second by commissioner Whitman. All those in favor say aye. (Aye) Opposed? All right, motion passes thank you. All right, so the next one up is also a KJ Walk request... Rosewood Center Second Edition. [52:35] **Julia Hogan:** [Presents the request for Rosewood Center Second Edition, creating five buildable lots for future commercial development near Anytime Fitness]. At this time I can answer any questions that the commission may have. [56:10] **Michael Reed:** Thank you Julia. The only question I think I had was... as we move down and start doing developments, would there be additional landscaping on Outlot A? I'm thinking because just north of there is all residential. [57:07] **Julia Hogan:** So that's a wetland area so that's it's remaining the same it's not being touched. There are limits on even on the landscape we could do there because of the the wetland. [57:39] **Michael Reed:** Okay. Any questions for Julia? All right this is also a public hearing. I'll invite the applicant up if you could state your name. [58:05] **Luke Isson:** Luke Isson, KJ Walk. No, we're just excited to have buyers that are buying lots out there and starting to do some more commercial development. [Mentions purchase agreements already in place]. [58:38] **Michael Reed:** Maybe just kind of the follow-up... would you be considering putting more landscaping in on the outlot to buffer from the businesses? [58:56] **Luke Isson:** So Outlot A has been deeded to the city... so there's not really a lot of room for additional landscaping in there. But it does provide a pretty good size buffer. [59:35] **Michael Reed:** All right thank you. Other questions for the applicant? All right thank you. I will make a movement to close the public hearing. Is there a second? [59:52] **Aaron Beadner:** Second. [59:54] **Michael Reed:** Moved by commissioner Reed, seconded by commissioner Beadner. All those favor say aye. (Aye) Opposed? Okay, public hearing is now closed. [Closing comments on the excitement of the development]. Would somebody like to make a motion? [1:00:35] **Aaron Beadner:** [Makes motion to approve Rosewood Center Second Edition]. [1:00:43] **Jeff Ellis:** Second. [1:00:45] **Michael Reed:** Moved by commissioner Beadner, second by commissioner Ellis. All those in favor say aye. (Aye) Opposed? Motion passes. All right, was there any new business? [1:01:05] **Anthony Nemcek:** There's no new business this evening, Chair. [1:01:08] **Michael Reed:** Discussion? [1:01:10] **Adam Kienberger (Community Development Director):** Mr. Chair, thank you. Just wanted to note um a recent recognition that the city of Rosemount received. Last week we had the Port Authority along with the Mayor as well as several staff attend the Minnesota Real Estate Journal awards banquet. [Announces that Rosemount won "City of the Year" and Eric Van Oss was a finalist for "Economic Developer of the Year"]. So very proud of everybody here on both the community development team and everybody else that we work with here at City Hall. [1:03:03] **Michael Reed:** Yeah, congratulations, that's awesome. Yeah, Eric too, congratulations. Our next meeting is I believe Tuesday, May 28th. Sound right? Okay and um I guess the last thing I'll just say, yeah welcome again new Commissioners it's great to have you here and with that I'll adjourn the meeting. Thank you everyone. [1:03:30] [Music]