This transcript has been updated with speaker names based on the context provided for the Rosemount City Council meeting held on May 16, 2023. [0:00] [Music] [0:14] **Councilmember Heidi Freske**: Yeah, she loves it. She's a sophomore, she's yeah, and her arms are just black and blue. It's awesome. I would love to yeah, connect you. Yes, I'll make that happen. [0:30] **Councilmember Tami Klimpel**: Under the doc cam where you attacked it's digital. Oh okay, I would love to have her come. I'll see you and talk to him. [0:58] **Mayor Jeff Weisensel**: There's nothing queued up right now. I'd like to call the regular city council meeting for Tuesday, May 16, 2023, 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. All right, welcome everyone. First item up is our agenda. Are there any additions or corrections to the agenda? [1:44] **Logan Martin**: No, sir. [1:45] **Mayor Jeff Weisensel**: Seeing that, I'll move the agenda. All in favor signify by saying aye. (Chorus of Ayes). Opposed? We have an agenda. First item up are presentations, proclamations, and acknowledgments. First ones up tonight is a presentation from the Rosemount Area Arts Council, commonly known as RAAC. Mr. Schultz? [2:07] **Dan Schultz**: Thank you, Mr. Mayor and council members. On behalf of the Park and Rec Department and the city, I'm here—I want to welcome the Rosemount Arts Council representatives. As you all know, last council meeting we approved their service agreement for 2023, and as we do every year, the Arts Council provides an update to give kind of a year-long snapshot of what they've done and kind of where they're going. So with that, I think I'm going to turn it over to Keith Reed. [2:32] **Keith Reed**: Yep, you bet. Good evening, city council. My name is Keith Reed. As Dan stated, I'm the current chair of the Rosemount Area Arts Council. And while I'm talking, I'm going to ask my vice chair, Tony Sasso, to come up and distribute some things to each one of you. First off, I'd like to welcome the new members to the city council and welcome Mayor Weisensel. And I wonder if you could clear up some rumors we've had that the mayor's chair is more comfortable than the others? [3:20] **Mayor Jeff Weisensel**: It still breaks down every once in a while, and so does the mayor. Tough crowd already! That's cute. [3:25] **Keith Reed**: This is the 15th anniversary of Rosemount Area Arts Council approximately, and we are continuing to grow and to reach out to include Arts-related activities and displays every year. As you know, the Rosemount Area Arts Council is a completely volunteer organization, and I'm very proud to say that our last board meeting they voted to increase my salary to $160,000. [4:07] **Keith Reed**: We currently have 238 paid members; beginning of last year we had 110. So we're really growing—we're growing fast. I would like you to please reference the annual report that I handed out. I'm not going to go through these things because they're pretty self-explanatory. They do show an upward trend in almost all of our activities, particularly since COVID. And one activity that shows major increases are drama presentations. In 2022, between the Front Porch Players and the Second Act Players, which is our senior theater group, and our Art Blast shows, we presented 13 plays, showing a steady rise from our last pre-COVID season in 2019. [4:52] **Keith Reed**: Speaking of drama, I would like to call your attention to the cards we handed out describing our major project for this fall: "Free Air," which is a dramatization of a Sinclair Lewis novel and a 1921 movie—the first movie filmed in Minnesota, according to the Minnesota Historical Society, which was filmed partially in Rosemount. This is a major undertaking for us. It's our first foray into a multimedia including live period music, vocals, dancing, a slide presentation of 70 slides that were donated by the original film's producer's family, and a live stage play written by John Locke. This production will definitely put Rosemount on the map. [5:39] **Keith Reed**: Another thing that we're exploring now is how we can help make the Steeple Center more accessible to the hard of hearing. We have a committee working with an organization which will make recommendations for helping this segment of the population able to enjoy the facility even more. And I'd like you to please—for the activities in our volunteer efforts, just as a side note—since January 1st, 2023, we have had 57 different individuals donate 3,477 volunteer hours. At this point last year, we were at 2,759 hours, so that's a 20% increase in just this year so far. And I'm going to let you get to your business because—thank you for your support. We're going to keep working to provide the citizens of the South Metro, particularly Rosemount citizens, with the highest quality Arts activities. Are there any questions anyone has for me? [6:25] **Mayor Jeff Weisensel**: I did have one. I noticed in the newspaper a "call"—maybe is that the right term—for people to be in the play? [6:38] **Keith Reed**: Absolutely. We currently have a casting call out. It's all over the Twin Cities, actually, with a couple of websites that cover the whole area. And it was a nice article that they put in the paper; I was very pleased with that. But we're looking for actors for the play. In addition, we're looking for technical help. [7:12] **Mayor Jeff Weisensel**: I agree. Try and get some people involved with drama that have never been involved before. That's the whole purpose of RAAC, is to get more and more people involved who haven't been. We're not looking for professional actors here; this is all volunteer. And you know, I just hope that we can pull this one off because this is going to be a big presentation. Guys, take a look at the dates on there, pick a date—we're already selling tickets for it. So, any questions from any of the councils? Thank you very much. Look forward to I think what will be an exceptional event here in our community. [8:00] **Keith Reed**: All right, thank you. Absolutely. Yeah, thank you. [8:02] **Mayor Jeff Weisensel**: That completes item 3A. Next item is the proclamation for the National Public Works Week. Mr. Egger? [8:07] **Nick Egger**: Thank you, Mayor Weisensel. Good evening, council members. Yeah, just in your packet we do have tonight for your consideration and hopeful adoption a proclamation recognizing National Public Works Week in the city of Rosemount for next week, May 21st through 27th. This is an event that was started back in 1960 by the American Public Works Association to call attention to the great things that Public Works does to make everyday life a routine, normal kind of experience. [8:48] **Nick Egger**: And in Rosemount, it's no exception. I just want to really highlight that there's 28 people in the Public Works department currently, and they do a ton of different unique things each and every day to keep things moving around the city. Things such as keeping the streets clean, of course, sweeping those up in the springtime, keeping our surface water clean with inspections and monitoring and enforcing stormwater protection regulations, managing construction projects, overseeing development review and design to ensure that those are coming into the city's expectations for our infrastructure, patching streets, plowing snow—I don't think I need to remind anybody how critical and time-consuming that is, and those staff that participate in that spend an awful lot of time away from their families to help make that possible. [9:33] **Nick Egger**: We can't schedule snowfalls, you know, so they've got to be out there when it's happening. These staff operate our utility systems to make sure that we have clean drinking water coming into each and every home and that it turns on when you're getting ready in the morning for your day. Likewise with flushing wastewater and ensuring that gets to its destination to be treated, working with residents, answering phone calls and messages, and clarifying things and explaining why we do what we do. There's just so much to it, and these folks do a tireless effort, mostly behind the scenes. I think Public Works is kind of one of those industries that you don't really realize is there unless something breaks or doesn't go right. So full credit to our team—I'm very proud to be the leader of that team, and they've been doing great work all along. So the Proclamation is to recognize them not only tonight but all through next week. So I'll turn it back to you, Mayor, and carry on from there. [10:55] **Mayor Jeff Weisensel**: Thank you. And as I understand it, we have about 27 people that are listed here? [11:01] **Nick Egger**: We do. We currently have a vacancy. Sorry, I didn't clarify that. [11:05] **Mayor Jeff Weisensel**: Okay, always looking for some more. So with that, I'll go ahead with the proclamation here, starting National Public Works Week, May 21st to the 27th, 2023. (Mayor reads Proclamation). Dated the 16th day of May, Mayor Jeffrey D. Weisensel. And with that, we'll sign off on this, and it is National Public Service week. Thank you very much. [14:00] **Mayor Jeff Weisensel**: I'm also going to take—as that completes the signed announcements—I do have one that I'm adding in. I received this and some organizations and people in the community are receiving a notice for "Taps across Rosemount." This is an event being asked as a community for Memorial Day at 3:00 PM, anywhere and everywhere in the city of Rosemount. This is a voluntary community event being supported and pushed by Joel Walsh, an active volunteer over the years as well as a past councilmember. Simply to use the opportunity at three o'clock to play Taps—you can use your voice, a musical instrument, or even your cell phone. Play at home, public spaces such as City Hall, Veterans Memorial, city parks, National Guard armories, and cemeteries. According to the handout here, this action of playing Taps takes about one minute. We certainly can spend that amount of time to honor our veterans. Earlier on that day, I believe it is at 11:00 AM, we will be having a community event in Central Park. So this is later in the day, three o'clock, and feel free to participate. I'm just sharing that out. [15:47] **Mayor Jeff Weisensel**: With that, that completes our item 3 presentations. We'll open up number 4 for public comment. Anyone wishing to come before Council and speak on subjects that are not part of the meeting agenda may do so. When you come forward, please state your name, your address, and limit your comments to three minutes. With that, the podium is open. Anyone wishing to come forward may do so at this time. [16:10] **Florence Omogo**: Good evening. My name is Florence Omogo. I live at 4292 144th Street, Rosemount, Minnesota. I just had a request if I could be allowed to split part of my property to sell to my neighbor, because I don't need the whole piece of land. So my agent told me to come and request the council if I could be allowed to split part of the property, because I'm not quite sure what I'm— [16:40] **Mayor Jeff Weisensel**: Yeah, I think if we could maybe have Mr. Nemchek jump out and we'll get you a business card in the lobby, and then staff would be happy to help facilitate however that might shake out. [16:55] **Florence Omogo**: Thank you. Yes, thank you. [17:01] **Mayor Jeff Weisensel**: Is there anyone else? Fast-responsive government right there! There it is. Thank you, Mr. Logan—Mr. Martin? [17:08] **Logan Martin**: Mr. Logan. I'll take anything, man. [17:10] **Mayor Jeff Weisensel**: There you go. All right, seeing no one else, that will complete item 4 public comment. My understanding is we have no responses or follow-up for public comment item 5. So we'll move on to the consent agenda. Listings on the consent agenda—are there anyone wishing to pull any items? [17:45] **Councilmembers**: No. [17:48] **Mayor Jeff Weisensel**: Okay, I'll run through the listing before the motion. (Mayor lists items A through L). Through L, anyone wish to move the consent agenda for approval? [19:00] **Councilmember Tami Klimpel**: Move to approve the consent agenda. [19:02] **Councilmember Paul Essler**: Second. [19:03] **Mayor Jeff Weisensel**: We have a motion by Klimpel, second by Essler to approve the consent agenda. Roll, please. [19:09] **Councilmember Paul Essler**: Aye. **Councilmember Heidi Freske**: Aye. **Mayor Jeff Weisensel**: Aye. **Councilmember Tami Klimpel**: Aye. **Councilmember Paul Theisen**: Aye. [19:21] **Mayor Jeff Weisensel**: Consent agenda is approved 5-0. We'll move on to item 7, public hearings: the 2023-2027 street reconstruction and overlay plan. [19:22] **Teah Malecha**: Good evening, Mr. Mayor, members of the city council. This evening is similar to the last meeting with the public hearing as part of state statute. A street reconstruction plan must be adopted to issue the bonds. Included in the plan are the Akron Avenue South Extension to further the development for Amber Fields and the 2023 Street Improvement project. The projects will include street utilities and some pedestrian trail improvements. A portion of the projects will be paid for by assessments, the University of Minnesota is paying 900,000, and then a developer. The numbers included in the street reconstruction plan are estimates, and those numbers will be updated prior to the bond sale. This evening is the public hearing only for the street reconstruction plan; it is not for the assessments for the 2023 Street Improvement project—that will be at the June 6th meeting. With that, are there any questions this evening? [20:51] **Mayor Jeff Weisensel**: Moving up to staff—any questions? [20:53] **Councilmembers**: No. [20:54] **Mayor Jeff Weisensel**: All right. So with that, then we will open up the floor for the public hearing. Again, anyone wishing to speak on this matter may do so. Come to the podium, state your name and address, and your comments. Ask if they can be restricted to three minutes. [21:10] **Unidentified Resident**: Can you repeat what you said about what you're discussing tonight and what's in June? [21:15] **Teah Malecha**: Yes. This evening is for the street reconstruction plan that shows that we will be selling bonds for the Akron Avenue South Extension and the '23 Street Improvement plan. The next meeting will be regarding the assessments, the special assessments for that '23 Street Improvement project. [21:40] **Unidentified Resident**: Does... okay. So, selling... so selling the bonds—is that like taking a loan? [21:45] **Teah Malecha**: It's similar to taking a loan. The city's taking a loan to pay for the projects—to pay for the street and the water and sewer infrastructure to put it in—and then we pay that back. [22:20] **Unidentified Resident**: What is the interest you're paying on the bonds? [22:25] **Logan Martin**: I think we can certainly—we're going to have the Mayor continue to run the meeting here—I think we don't know the interest rate at this point; we need to sell the bonds. We have a market check-in that we got today that was in the middle 3% for folks that have our same credit rating, but we will know that in July when we're able to sell the bonds. And at that point, again, we'll have an ability to respond to any questions. Folks can also come and are encouraged to come on the June 6th city council meeting to engage in that public hearing where they can actually share their concerns with the city council at that time. [23:14] **Mayor Jeff Weisensel**: Well, this is currently a public hearing. So if you do have something to ask, I ask that you don't just shout from the gallery. If you have a question, come forward, state your name, your address, your question, and then we'll have an opportunity to respond to them. Come forward, please. Thank you. [23:24] **Diane Lindo**: Hello. Thank you for having me up here, Mayor and Council. I'm Diane Lindo. I live at 2193 130th Way. You guys have all been very helpful with me with a lot of questions that I've had. I've sent you numerous emails because I live with a mom who's 85 and this is really freaking her out. The only question that I have—and I have reached out to the state level—we all see on the news that there's tons of money out there at the state level. I know a lot of times there are some fundings available for street projects, and as you have all told us in the past, this is a pretty hefty price tag that a neighborhood is being asked to pay for the improvements to our neighborhood. It is kind of a shock to our systems, even though we all know that obviously over the course of time you do have to upgrade your roads. So I don't think any of us living in our neighborhood discount the fact that those roads are horrible and we need to fix them. So my question is: have we exhausted everything that we possibly can at the state level to get funding that is needed and desired for this type of project? [24:45] **Mayor Jeff Weisensel**: I think she's referring to—well, this is still relevant as much as this is for the bond that we're going to take out for all the reconstruction projects. The question, I think, is still relevant: if we've exhausted all of our opportunities. I suspect a lot of street projects are not carried in a lot of bond referendums; they use that primarily for state things. I would look to staff if they can speak to anything. [25:00] **Logan Martin**: Mayor, members of the Council, I think you've made a good statement. It's important to note—first of all, I would encourage folks to hang around for just a few more minutes. We'll hit this item under new business; they'll get a lot more detail from City Engineer Brian Erickson about the project that you're specifically talking about. This agenda item, the public hearing, is related to our ability to take out some debt to fund the projects. But it's important to note, too: we are using our state funding in this project. So that's our Municipal State Aid funding; we get that from MnDOT and the state of Minnesota. We infuse those dollars into city projects to keep the costs down, and then certainly city council has directed staff to infuse city dollars into the cost to cap your assessment at a level certain that we'll talk about at a separate agenda item here in a few moments. But yes, the short answer is yes, there's state funding in the project. The state of Minnesota really trusts us to use our locally available resources, including some of which they give us, to fund our system. There's hundreds and hundreds of thousands of miles of road in this state and we're all kind of responsible for our own roads, but for the funding that the state of Minnesota gives us. But it's a fair question; as much as you see a lot of money being spent at the state level, we don't get a lot of that funding necessarily other than the state aids for the road. [26:27] **Diane Lindo**: I appreciate that, thank you. [26:35] **Mayor Jeff Weisensel**: Thank you. Anyone else? Anyone else? And the last time, anyone else? So with that, I'll—seeing no one else coming forward—I will close the public hearing. All in favor signify by saying aye. (Chorus of Ayes). Opposed? The hearing is closed. With that, then, I'll turn it back to Council. Any other questions? I am looking for anyone to move the resolution. [27:18] **Councilmember Tami Klimpel**: I'll move to adopt a resolution approving a street reconstruction and overlay plan and giving preliminary approval to the issuance of street reconstruction bonds. [27:26] **Councilmember Paul Essler**: Second. [27:27] **Mayor Jeff Weisensel**: Motion by Klimpel, second by Essler. Roll, please. (Clerk calls roll; all members vote Aye). That completes the public hearing and the reconstruction overlay plan is approved. Move on now past item 8—there is no unfinished business—to item 9: new business. [28:05] **Mayor Jeff Weisensel**: The first item up is the Wolfson property purchase agreement. Mr. Schultz? [28:18] **Dan Schultz**: Thank you, Mr. Mayor and council members. As you probably all recall, we've been having a specific topic on some of our agendas recently, and that was the McMenamy land purchase. We have gone through that process, we have closed on the property, and the city now owns 69 acres of beautiful wooded land up near Bacardi Avenue and 120th Street. And so with that, there is one more step to us securing that property for a city park, and that is to purchase—or at least consider purchasing—the Wolfson property. [28:55] **Dan Schultz**: (Presenting slides) Mr. Mayor and members of the Council, as you see on your screens, the yellow outline property is the McMenamy property, which the city recently purchased. Somehow, many many years ago, this box that is outlined in red was purchased by the Wolfson family. So the Wolfson property is really in essence dividing a portion of the McMenamy property and really holding us from moving through that property unencumbered. Both staff and Dakota County have been working with the Wolfsons for probably 20 years. Dakota County would purchase the Greenway easements and the development rights to the property for $254,700. They would also buy a Greenway easement for $48,100. [30:42] **Dan Schultz**: The city is looking at purchasing the fee title, much like what we did for the McMenamy property. We are asking the city council to consider spending $34,100 on buying that 9.91 acres from the Wolfsons. Staff is recommending that that funding comes from the Park Improvement Fund, which currently has a balance of about 3.9 million. So we have plenty of funding for this. Should this be approved tonight, we would be looking at closing on this by about mid-June. With that, I will stand and answer any questions that you might have. [31:40] **Councilmember Paul Essler**: Yeah, when we purchased the other parcel in yellow, we would have known that this scenario existed with the red property, right? [31:48] **Dan Schultz**: Yes, we've known for 25 years. [31:50] **Councilmember Paul Essler**: So why didn't we deal with it at the same time? [31:55] **Dan Schultz**: We have been; they've been working side-by-side with McMenamys and the Wolfsons. The decision was made by Dakota County to secure the McMenamy property first because without it, the Wolfson property really isn't all that valuable to us because it's so landlocked on all sides. Their choice was that we wanted to handle the McMenamy property first. [33:03] **Councilmember Paul Essler**: Okay. Obviously after we close on the property, that red strip becomes more valuable to us. [33:10] **Dan Schultz**: It does, but everything is based on what the appraisals are coming in at. Those appraisals are looked at very closely by the DNR. That's why we had such a long closing period with the McMenamy property—the DNR rejected a couple of the appraisals and wanted prices adjusted. Dakota County worked with the DNR on that, got those all approved, and then looked to take down the property from the Wolfson family. [33:55] **Councilmember Heidi Freske**: Can you point out where this is actually located in the community? [34:05] **Dan Schultz**: (Pointing to map) The property is located just east of the Wicklund Preserve. This is Bacardi Avenue just south—off the paper is Bonaire Path and the top of the page is 120th Street. The city owns the Wicklund Preserve, we're going to be getting an easement for a trail along the north side of the Schmitz property near North 20 Brewing, and then that trail would run through the properties here and continue off to the east. It's in the northeast section of Rosemount, real close to the border of Inver Grove Heights. [35:10] **Councilmember Heidi Freske**: And when do you anticipate this to be open to the public? [35:19] **Dan Schultz**: I'm guessing probably two years. Worst-case scenario. [35:28] **Mayor Jeff Weisensel**: Anyone wish to move the recommended action? [35:32] **Councilmember Paul Theisen**: I move the motion to adopt a resolution that approves the city council entering into a purchase agreement to purchase the fee title to the Wolfson property. [35:55] **Councilmember Heidi Freske**: Second. [36:00] **Mayor Jeff Weisensel**: Motion by Theisen, second by Freske. Roll, please. (Clerk calls roll; all members vote Aye). Motion passes 5-0. Completes item 9A. Move on to 9B: accepting bids, awarding contract, and setting assessment hearing. Mr. Erickson? [36:31] **Brian Erickson**: Thank you, Mr. Mayor, members of the Council. You have in front of you tonight two resolutions. The first is for awarding the contract for the 2023 neighborhood infrastructure improvement project; the second is the one that calls the assessment hearing. I do want to make one small correction: it was mentioned that the assessment hearing would be on June 6th—it's actually going to be June 20th. [37:45] **Brian Erickson**: We received six bids. They are very competitive; five of them were below the engineer's estimate. The low bid was a little over 20% below the engineer's estimate. The bidding climate seems to have improved substantially. The final total project cost is just a little over 4 million dollars. This includes the low bid price of 3.4 million, a 5% construction contingency, and 400,000 overhead. I want to make a point: the costs assessed back to the property owners have nothing to do with the utilities; it's only the surface cost. Back in March, assessments were estimated at almost $18,000 per property. However, Council has heard the concerns from residents. We're proposing that those assessments be capped at $10,000 per parcel. That means roughly 150 or 160 thousand additional dollars is picked up from the city cost. [41:38] **Councilmember Heidi Freske**: Can you mention what the original estimate was and then the difference? [41:45] **Brian Erickson**: The total project cost at feasibility was just under 5 million dollars. It's roughly a million dollars less than what we estimated in March. [42:35] **Mayor Jeff Weisensel**: I just wanted to call out the Municipal State Aid—it mentions about $612,000? [42:48] **Brian Erickson**: That's correct. Bacardi is what we call a Municipal State Aid street—they see more traffic. Rosemount gets roughly about 1.2 to 1.3 million dollars a year from the state that can only be used for state aid streets. [44:31] **Councilmember Heidi Freske**: I'm wondering if you could kind of explain the communications plan we have in place? And also include the change in financing that we included in this one as well. [45:00] **Brian Erickson**: Sure. There will be a letter that goes out later this week. We have an upcoming neighborhood meeting on May 31st from 5:00 to 7:00 at the Community Center. I'll be there along with our project manager. We'll discuss schedule and impacts. For example, if your driveway is blocked on garbage day, the contractor is responsible for taking your garbage can to a central location and bringing it back. Regarding financing, generally we have a 10-year time frame for assessments, but because of the size of these, we've worked with the finance director and 15 years is what those assessments will be financed at. The first installment would be roughly $1,400. [48:42] **Councilmember Paul Essler**: What other opportunities will residents have to discuss their specific case? [49:20] **Brian Erickson**: Anytime; they can certainly call me or Jeff Pearson. Publicly, we have the assessment hearing on June 20th. We are also looking at doing some additional weekly informational type meetings—we might just find a corner and be there at four o'clock for anyone to stop by. [50:35] **Mayor Jeff Weisensel**: Could you speak to the schedule? [50:52] **Brian Erickson**: Open house on May 31st, assessment hearing on June 20th, and the project is going to start probably sometime mid-to-late June. We're looking at substantial completion in October or November. [53:20] **Mayor Jeff Weisensel**: Motion for accepting the bids and awarding a contract? [53:25] **Councilmember Paul Essler**: I'll make a motion to accept bids and award the contract for City Project 2023-04. [53:45] **Councilmember Heidi Freske**: Second. [53:46] **Mayor Jeff Weisensel**: Motion by Essler, second by Freske. Roll, please. (Clerk calls roll; all members vote Aye). Passes. And the second one declaring the cost to be assessed and calling the hearing? [54:15] **Councilmember Paul Essler**: So moved. [54:18] **Councilmember Tami Klimpel**: Second. [54:20] **Mayor Jeff Weisensel**: Motion by Essler, second by Klimpel. Roll, please. (Clerk calls roll; all members vote Aye). That passes 5-0. 9B is complete. Move to 9C: Lifetime project bids. Mr. Schultz? [54:55] **Dan Schultz**: Thank you, Mr. Mayor and council members. Before you this evening are a handful of bids for the Lifetime facility project. We're asking you to consider nine low bid awards including earthwork, utilities, building structural, concrete masonry, aquatics, elevator, fire suppression, electrical, storefront, and food service. We are working with Lifetime to come up with the final budget. We are going to be going back out to bid for a few areas due to inconsistencies. For example, under exterior athletic, the bidder did not include a bid security. Based on numbers seen, we are within about $50,000 of the construction cost estimate. We're looking to be out there in early July with groundbreaking trucks moving. [58:07] **Councilmember Paul Essler**: So just trying to reconcile the scopes here. General Construction—looking at the disparity between the one and two bids—obviously that's one you're not accepting? [58:45] **Dan Schultz**: Yep, that's one we need to go back out for bid. There were inconsistencies with the pricing and information provided. [59:45] **Councilmember Paul Essler**: What number did you use to stay within $50,000? If you use the lower of the two, 7.4 versus 16.1, someone's way off. If we accept the nine and the other five come back higher, now in total we're going to be higher. I don't know how I'd be comfortable doing that at this point. [1:02:40] **Logan Martin**: Councilmember Essler, I think to clarify, the 50,000 is to Lifetime's internal estimate, not to the 48 million. Brent Marlow from Lifetime is here if he wants to give an internal thought. [1:03:15] **Brett Marlow**: Brett Marlow, 13987 Abbeyfield Avenue. For the general construction package, we did bring the low bidder in to scope them out. Our internal estimate was right around 7 million; we got another bid that was over 8 but it was late. The 16.1 million bid didn't quote the scope of work correctly and included more than required. We're breaking it out into multiple packages now to reduce overhead. [1:05:40] **Councilmember Paul Essler**: I'm just comparing this to the process we did on the Public Works facility. We had an Apples-to-Apples comparison. I don't have any view of whether we're really fifty thousand dollars apart just on the scopes we're asked to approve. [1:11:00] **Brett Marlow**: The biggest thing is getting the Precast ordered. We could possibly have the other bids for June 6th. [1:11:34] **Councilmember Tami Klimpel**: There are some long-lead items, like the electrical switchgear. If the rest of the council is comfortable, I'd suggest we proceed. [1:11:45] **Councilmember Paul Essler**: The reason I'll vote no is just I'm a finance guy. I need to see the numbers side-by-side. [1:12:30] **Councilmember Heidi Freske**: I'll make a motion to recommend the city council accept the bids and award contracts to low bidders for the nine specialty areas described. [1:13:10] **Councilmember Paul Theisen**: Second. [1:13:15] **Mayor Jeff Weisensel**: Motion by Freske, second by Theisen. Roll, please. (Clerk calls roll; Weisensel, Tyson, Freske, Klimpel vote Aye; Essler votes Nay). Motion passes 4-1. Move on to 9D: North 20 Brewing amendment. Miss Hogan? [1:14:04] **Julia Hogan**: The applicant is requesting an amendment to an existing CUP for North 20 Brewing to extend the hours of operation and allow for outdoor live music and food trucks. They want Monday through Thursday hours to be 11:00 AM to 10:00 PM, Friday/Saturday until 11:00 PM, and Sunday until 10:00 PM. Planning Commission recommends that the City Council deny the amendment. (Julia presents zoning and parking slides). [1:17:15] **Councilmember Paul Essler**: I watched the two and a half hours of the Planning Commission. On food trucks—did that land where they're still hindered by only four times a year? [1:17:58] **Julia Hogan**: Correct, unless the ordinance is adjusted to allow for agricultural zoning for food trucks. [1:21:00] **Councilmember Paul Essler**: On music—it would still be subject to the noise ordinance? And on parking, condition 9 says no parking for patrons along Bacardi. Is that legal for a resident but illegal for them because of the CUP? [1:23:17] **Julia Hogan**: It is legal on Bacardi generally, but this CUP makes it more restrictive for their patrons. [1:23:30] **Councilmember Paul Essler**: Regarding the hours—all we've seen now is almost two years of responsible operation. I'm very comfortable with the hours. [1:25:36] **Councilmember Tami Klimpel**: If we did give them the ability to have music, can they only have it indoors or does 3-1-14 allow it outdoors? [1:26:00] **Julia Hogan**: They can have it outdoors as long as it does not disturb the peace. [1:27:00] **Councilmember Paul Theisen**: I think this business is asking for very reasonable requests. I would recommend we approve the motion. [1:27:50] **Councilmember Heidi Freske**: We support small businesses and this is a destination. My vote would also be to approve. [1:28:45] **Councilmember Paul Essler**: I'll make a motion to adopt a resolution approving the amendment to the CUP for North 20 Brewing. [1:29:05] **Councilmember Heidi Freske**: Second. [1:29:10] **Mayor Jeff Weisensel**: I'll entertain a motion to suspend the rules to allow for public comments. [1:29:40] **Councilmember Paul Essler**: So moved. [1:29:42] **Councilmember Heidi Freske**: Second. (Motion carries). [1:29:50] **Mike McMenemy**: My name is Mike McMenemy. We sold the property where they park to the city. This is a surprise—the Planning Commission voted these proposals down. The neighbors do not want it here. At the planning meeting, people on three sides were speaking against it. I would accuse you people of doing a snow job. You're moving forward without input from those really involved. [1:31:30] **Debbie Rupee**: I'm Debbie Rupee. I live at 11250 Bacardi Avenue. The brewery has created a lot of havoc. It's created a lot of noise—you can hear bean bags hitting wood in my backyard. They were only supposed to have 23 people outside; Dave said they have seating for well over 100. Bacardi is a narrow, 55mph dirt road with no lights. How would you like a grad party in your backyard every single night? [1:34:40] **Fred Rupee**: My name is Fred Rupee. I live at 12050 Bacardi Avenue. I built a new home there for my retirement. None of the Schmitz boys have come over to ask how we feel. It echoes across the meadows. I want to enjoy Minnesota for the six months I'm here. This is residential agriculture—I live there. Please slow the speed to 30 mph. Contain the noise to your property. I'm 750 feet away and I can hear people's voices clearly. [1:42:58] **Ben Burdick**: My name is Ben Burdick. I live at 14024 Belmont Trail. I'm wearing a North 20 shirt. I was so excited for a brewery in Rosemount. It's a family business—little kids running around. It's a magical thing. People come from all over the state to visit. I agree we should slow the gravel road down, but I totally approve broadening the hours and allowing music. [1:47:15] **Councilmember Heidi Freske**: I was shocked the speed limit was 50 or 55 mph. What does the process look like to adjust that? [1:48:15] **Logan Martin**: Planning Commission hearings are the typical time for public to speak. It was announced at that meeting that the Council would act on May 16th. Regarding the patio, we've got a preliminary speed study that shows folks are traveling below the limit, but we'd need a detailed analysis to change it. [1:51:30] **Brian Erickson**: We had a consultant do a speed study. The 85th percentile speed is 45 mph. We are looking to adjust and install speed signs there, probably in a couple of weeks. [1:56:55] **Councilmember Paul Essler**: One more thing on the 23 people on the patio—where did that number come from? [1:57:10] **Anthony Nemcek**: That was from the original site plan review for identifying required parking. There's no specific restriction on seat count in the CUP, but they must provide enough parking for the seats they have. [2:00:15] **Mayor Jeff Weisensel**: Motion on the floor is to approve the amendment. Roll, please. (Clerk calls roll; all members vote Aye). Motion passes 5-0. Move to 9E: Public Works bid package. [2:01:40] **Logan Martin**: Bids were opened May 4th. We got over 120 bids. We are confident we've received fair pricing. Total of 9.719 million dollars in bids tonight. We are give-or-take two to three million dollars under the cumulative budget including alternates like the salt storage shed. [2:04:45] **Councilmember Paul Essler**: Consistent with earlier, is there a comparison to our internal budget? [2:05:40] **Logan Martin**: The base estimate and low bid are on the first page. It shows we are 3 million dollars under budget even spending every penny of contingency. [2:07:35] **Councilmember Paul Theisen**: I move to adopt the resolution receiving bids and awarding contracts for bid package number two. [2:08:15] **Councilmember Heidi Freske**: Second. (Motion carries 4-1; Essler votes Nay). [2:08:17] **Logan Martin**: Thanks for adopting the Public Works week proclamation. Director Egger is cooking breakfast and lunch for the team. Also, this is National Police Week. Heartbreaks for the recent murders of police officers in the region; thanks for your support for the Chief attending the wreath-laying. Finally, thanks for supporting the expansion of the Fire Relief retirement benefits. [2:11:00] **Mayor Jeff Weisensel**: Upcoming: Spring cleanup this Saturday at DCTC starting at 8:00 AM. Memorial Day event May 29th at 11:00 AM in Central Park. Motion to adjourn? [2:13:20] **Councilmember Paul Theisen**: So moved. [2:13:22] **Councilmember Tami Klimpel**: Second. [2:13:24] **Mayor Jeff Weisensel**: All in favor? (Chorus of Ayes). We are adjourned. [2:13:36] [Music]