This transcript has been updated with speaker names based on the context provided for the Rosemount City Council meeting held on December 21st, 2023. [0:01] [Music] [0:53] **Mayor Jeff Weisensel**: Glad I told you so you could remind me—that's what we're here for. I'd like to call the regular city council meeting to order for Thursday, December 21st, 2023. Will you all arise and join me in the Pledge of Allegiance? **All**: 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. [1:20] **Mayor Jeff Weisensel**: Welcome everyone in the audience here and those online. First thing up, is there any additions or corrections to the agenda? **Logan Martin**: No, sir. **Mayor Jeff Weisensel**: Seeing none, I'll move to approve the agenda. All in favor signify by saying aye. **Council**: Aye. **Mayor Jeff Weisensel**: Opposed? The agenda is approved. The first item up we have this evening is the oath of office for our recently elected council member, Tami Klimpel. [2:16] **Tami Klimpel**: I, Tami Klimpel, do solemnly swear that I will support the Constitution of the United States, will faithfully discharge the duties of a member of the City Council for the city of Rosemount, in the county of Dakota, in the state of Minnesota, to the best of my judgment and ability. [3:09] **Mayor Jeff Weisensel**: And welcome to your seat back. That completes presentations, proclamations, and acknowledgements. Next item up is item four: response to public comment. Right... as I understand, we do not have any responses this evening; all questions have been responded to previously and expanded upon during the gymnast presentation? **Logan Martin**: Yep. [3:40] **Mayor Jeff Weisensel**: All right, thank you. That completes item four. Item five: public comment. This evening, if anyone wishes to speak on the subject in our agenda, specifically on Gymnast, please wait until that time. If you have a comment or something prior that isn't related to that, you may come forward now before the council. State your name and address and your question or comment. [4:00] **Jason Moore**: Jason Moore, 3,685 148th Street West. Greetings elected officials, paid city staff, and members of the community. I come before you tonight, the darkest day of the year, the winter solstice, with three comments and critiques. Now, the following are solely my opinions and how I view it through my eyes on public engagement. You as elective officials, some have stated they want community engagement, they enjoy the involvement and welcome the respectful back-and-forth discussion. Sorry—how is that going with the new imposed limitations that have been set? I'm only afforded three minutes and, as of the last meeting, 15 minutes for all public comment. This does not seem fair or adequate depending on various circumstances. Second, on interactions with paid city staff: these are just my interactions. From fire to police—let me start over—all of my interactions have been positive and well-received, from fire to police, parks and rec maintaining the trails in Carroll's Woods. I also want to recognize the City Clerk that helped guide a person through filing for the process of becoming a candidate on the election ballot. Lastly, to the plowers who prove to be exceptional year after year. However, there's a single individual in the paid city staff who is questionable—this is just my opinion—and I'd refer to him as like a "Grime" or "Wormtongue." [6:04] **Mayor Jeff Weisensel**: Excuse me? Could you repeat that? What did you say? [6:10] **Jason Moore**: I said I would refer to him as a Grima Wormtongue. [6:14] **Mayor Jeff Weisensel**: Thank you. [6:16] **Jason Moore**: Sorry. And third, the city's process of vetting and approving proposed projects... what I personally witnessed and what I've viewed in the city's YouTube channel for over four years all seem to have a functioning process. It seems fair in all aspects except for morality. There seems to be no condition to whether a project is morally sound, valid, or ethical. It seems 95% of the projects get approved; you guys approve them, whether any of those people show up to voice dissent against it. I want to live in a city that prioritizes morality and ethics in its decision-making of the potential ramifications of those proposed projects. I don't want businesses, companies, institutions, or entities that have low moral and ethical values in my city. Now, how do we determine or measure a gauge of morals and ethics? Well, the Boy Scouts of America's oath and their 12 laws seem to be a minimum standard to begin with; they can easily be found online. Thank you for your time. I will listen to your responses on the replay of tonight or in the next meeting, if said responses are given. Enjoy your Yule, your Christmas, and have a Happy New Year. Thank you. [8:00] **Mayor Jeff Weisensel**: Thank you. Anyone else wishing to come before Council? [8:11] **Karen Miller**: Hi, my name is Karen Miller and I just want to ask a clarifying question. So, I know there are citizens here who have comments they'd like to make or concerns about the Gymnast LLC proposal. Are they supposed to do that when it comes up in the agenda, or is now the best opportunity for that? [8:28] **Mayor Jeff Weisensel**: As I noted in the opening comments for the public comment, they will come later when the actual agenda item comes forward. [8:40] **Karen Miller**: Thank you so much for clarifying. [8:46] **Mayor Jeff Weisensel**: Thank you. Anything else? [8:52] **Raul Estrada**: Good evening. My name is Raul Estrada. My address is 8302 143rd Street West, Apple Valley. Now, there's a couple things I wanted to address. One of them: the last time I was in this room, there was mention of somebody having a concern about violence because of a word being used called a "revolution." Now, I want to point out to everybody in this room that never in the history of America, with the exception of a few instances, has "revolution" and violence ever been synonymous. We can go through the past decade, the last century, and we look at revolutionaries like Malcolm X, Huey Newton, Martin Luther King, and even Nelson Mandela. Each and every one of them encouraged their citizens to revolt, push back, and take control of government they thought went awry. When somebody joins and conjoins those two words, they are simply weaponizing one word to dissuade and discourage in a socialist manner to incite fear and guilt to prevent you from pushing back. It's written directly into the Constitution that you can and should. So everybody in this room that's coming to oppose or support, I encourage you to first read the Constitution and exercise your right and never, ever let anybody dissuade you from your right as an American citizen. Thank you. [Applause] [10:50] **Mayor Jeff Weisensel**: Anyone else? Seeing none, we'll close public comments this evening. That completes item number five. We'll move on to consent agenda items 6A through O. These include bill listings, minutes from our December 5th work session and regular meeting, approval of city council travel, 2024 schedule of rates and fees, sick leave policy and Earned Safe and Sick Time policy to align with the state law that's going into effect on January 1st, authorization of the initial items for the 2024 Street Improvement program, the Tree City USA recertification, 2024-2033 Capital Improvement plan, public purpose expenditure policy, the Umore study area AUAR update 2023, request by US Home LLC for approval of the Umore Fourth Additional final plat, authorizing the 2024 to 2025 union and non-union benefits for staff, and recognizing our new firefighters off probation. Any council members wish to pull any items for further discussion? [12:26] **Councilmember Tami Klimpel**: I wish to pull items G, K, and O. **Councilmember Paul Essler**: I have the same. **Mayor Jeff Weisensel**: Okay, same for K? And K is also on my list. **Logan Martin**: Mayor, can I clarify just for your announcement sake? You had jumped over item N, the Fire Relief Association benefit interest rate, just making sure Council’s aware of that. **Mayor Jeff Weisensel**: Thank you for that addition. So, items 6A through O with G, K, and O removed for further discussion. Have a motion to approve? **Councilmember Paul Essler**: I'll make a motion. **Councilmember Paul Theisen**: I second. **Mayor Jeff Weisensel**: Motion been made and seconded. Consent agenda, roll please. **Erin Fasbender**: Essler? **Paul Essler**: Aye. **Erin Fasbender**: Klimpel? **Tami Klimpel**: Aye. **Erin Fasbender**: Weisensel? **Jeff Weisensel**: Aye. **Erin Fasbender**: Theisen? **Paul Theisen**: Aye. **Erin Fasbender**: Freske? **Heidi Freske**: Aye. [13:14] **Mayor Jeff Weisensel**: Consent agenda is approved. First additional item up is item G, and where are we going with this, Miss Klimpel? [13:22] **Tami Klimpel**: Yes, this is regarding the 2024 Street Improvement program. I know that there was some discussion out there, some maybe confusion in the community about the communication process for that neighborhood. So I was wondering if city staff could expound on what kind of advanced communication of the neighborhood meeting took place, what kind of turnout there was at the meeting, and what kind of post-meeting communication maybe took place? [14:02] **Nick Egger**: Sure, I'll grab that. Councilmembers, as you said, this is for the planned 2024 Street Improvement project area, which is generally between 151st Street and 155th Street, north to south, and then Chippendale Avenue and Shannon Parkway, east to west. The initial step in the process was an open-house style meeting where residents in the affected area were mailed a postcard ahead of a meeting held earlier in the month. We did have a relatively low turnout to that and, recognizing that, we did some follow-up direct mailings again with information available from the meeting itself. We also have a website set up with all of that same information, and that will continue to be populated as we work our way through the rest of the process. So, this is just kind of the beginning of that public engagement phase. We'll be coming back to you in about a month with a more detailed report and there will be a public hearing for the project at that time. [15:06] **Tami Klimpel**: Great. And again, any resident could go find information on this project on the city website? **Nick Egger**: That's correct. It's under the 2024 Street improvements program. [15:17] **Mayor Jeff Weisensel**: As a follow-up, the actions that we're taking tonight are accepting the feasibility reports and calling for the public hearing that you had mentioned, then authorizing the preparations of plans and specifications. One item I was curious about as I read through this... there's mention in here of two particular streets where there are no houses, no driveways, with a potential closure. I think it's important to at least call that out so residents are aware of that. If they're just learning about this, are they able to provide that input if they're interested in seeing those two areas closed off? [16:15] **Nick Egger**: Yeah, thanks for your question, Mayor. This is a couple sets of ideas for consideration; we're still working through the project development phase and input from the neighborhood is essential. These were some ideas explored at the onset... replacing them with trail connections between blocks. So that's on the table. If folks in the neighborhood are interested in learning more details about that concept or providing feedback, they can of course contact our engineering staff directly. [17:40] **Mayor Jeff Weisensel**: Would that also include at the public hearing then? **Nick Egger**: Yes. **Mayor Jeff Weisensel**: Any other questions or comments from Council? All right, you want to proceed with the three motions? [18:00] **Tami Klimpel**: I will move to pass three items related to the 2024 Street Improvement project, city project 2024-01 as follows: one, accept the feasibility report; two, call the public hearing on improvements; and three, authorize the preparation of plans and specifications. **Councilmember Paul Theisen**: Second. **Mayor Jeff Weisensel**: Motion by Klimpel, second by Theisen. Roll please. [Roll call results in 5-0 approval]. [18:57] **Mayor Jeff Weisensel**: Next item up is 6K, Umore study area AUAR update. **Anthony Nemcek**: Yeah, I can provide a brief update on that. The AUAR update that was drafted earlier this year was published in the EQB Monitor... additionally, it was sent out directly to 22 agencies on December 5th for their review. The review period closed on December 19th and, following that, the city did receive four comments from the DNR, the Met Council, the Vermillion Watershed District, and Dakota County. The comments provided by them were noted and the update was amended... and that was provided to council ahead of the meeting tonight for review. [20:29] **Mayor Jeff Weisensel**: As I understand, that was a Planning Commission item for us, correct? **Anthony Nemcek**: The Planning Commission added a condition of approval to the recommendation to investigate the status of the AUAR update and, following that meeting and at the advice of the city's attorney, staff decided to get that published and reviewed ahead of tonight's action. [21:00] **Mayor Jeff Weisensel**: I'll go ahead and move the motion to adopt a resolution authorizing the adoption of the Umore Alternative Urban Areawide Review known as AUAR Update 2023. **Councilmember Heidi Freske**: I'll second. **Mayor Jeff Weisensel**: Motion by Weisensel, second by Freske. Roll please. [Roll call results in 5-0 approval]. [21:28] **Mayor Jeff Weisensel**: We move on to item 6O. I'll have the Chief come forward. **Fire Chief Kip Springer**: Mr. Mayor, Council, I stand before you tonight to seek approval to get our three latest firefighters off of probationary status and onto regular status. These three have represented the city of Rosemount at a very high level those past two years, completing over 200 hours of training... this included Firefighter 1, Firefighter 2, Hazmat operations, and medical training. As you know, they're volunteers; they do this above and beyond their family duties. We lose about 30% of every group we hire, and these three stuck it out. Firefighter Anthony Ulin, Firefighter James Hansen, and Firefighter Noah Bolars. [22:49] **Councilmember Tami Klimpel**: I will move to recognize the new firefighters coming off probation. **Councilmember Paul Essler**: Second. **Mayor Jeff Weisensel**: Motion by Klimpel, second by Essler. Roll please. [Roll call results in 5-0 approval]. [23:08] **Mayor Jeff Weisensel**: That completes all items related to the consent agenda. With that, we'll move to item seven, public hearings, which we have none. Unfinished business, item eight, none. New business, item 9A: request by CA Gear for approval of rezoning, a major amendment to the Custom Apparel PUD, and a CUP to construct a 7,400 square foot addition. Julia Hogan will do this presentation? [24:13] **Julia Hogan**: All right, so this item tonight is a request by Custom Apparel Inc... they are asking for a rezoning of the site from BP PUD to BP C4 PUD... and also a major amendment to the Custom Apparel PUD agreement and a CUP for the operation of an outdoor dining area. [Presentation of maps, site plans, and elevations]. [28:15] **Mayor Jeff Weisensel**: Floor is open to Council. Any questions? Is the applicant here this evening? **Julia Hogan**: The applicant is here, yes. [28:49] **Nate Bry**: Hello, my name is Nate Bry, 13402 Villa Avenue. [29:10] **Councilmember Paul Essler**: I don't have questions but I have comments. First of all, CA Gear, your organization has been a real asset to the community. It's these type of businesses that really promote and generate that hometown feel that we are striving so hard for. I know a lot of our residents, including me, are really excited about that outdoor rooftop patio. Thanks for making the investment. [29:56] **Councilmember Heidi Freske**: I also wanted to echo some of that same enthusiasm and excitement. As small business owners ourselves, we know that this is not something you do lightly. Thank you for choosing Rosemount to invest in with your business. [30:11] **Nate Bry**: I bleed blue and gold, by the way. [30:22] **Councilmember Paul Theisen**: The only thing I would add to that is we've seen your partnership with the high school and the youth associations... so to bring something like this to the adult side of things, it’s an atmosphere we're really welcoming here. [30:45] **Mayor Jeff Weisensel**: Just for me, what's your timing for the expansion? **Nate Bry**: Hopefully shovel in ground by spring, pending no unforeseen circumstances. Patio access probably by 2025. [31:35] **Mayor Jeff Weisensel**: We'll take it. [Motions are moved and approved 5-0 individually by Essler, Klimpel, Theisen, and Freske]. Congratulations and good luck going forward. [33:27] **Mayor Jeff Weisensel**: Next item up is 9B, Gymnast LLC. We're going to go through a presentation, the applicant’s representative Kimley-Horn is here, then Council questions, then I will be opening up the public comment period for residents wishing to speak on this. [34:13] **Anthony Nemcek**: Thank you, Mayor. This is a request by Gymnast LLC for two requests: a final site and building plan approval as part of the Project Bigfoot PUD, and a plat approval to subdivide the parcel from Umore Park. [Provides detailed history of Umore Park, environmental investigations, and site plan specifics including water usage and noise studies]. [48:40] **Mayor Jeff Weisensel**: Trish, welcome. [48:50] **Trish C (Kimley-Horn)**: Good evening, Mayor, Councilmembers. My name is Trish C; I'm an engineer with Kimley-Horn and Associates, representative to Bigfoot and Gymnast LLC. Bigfoot is excited to be a part of the community of Rosemount. I do want to acknowledge that there are a number of narratives floating around. The facts are that there has been a tremendous amount of diligence, studies, interactions with over a dozen regional, state, and federal agencies. This project goes above and beyond in many ways—low water use, renewable energy, low impact to public service. I will sit and help with any questions. [50:25] **Councilmember Tami Klimpel**: I have one for Mr. Nemcek. Just to confirm, the soil was tested in 2017 by a third party under the supervision of the MPCA? And there was no contamination on this portion? **Anthony Nemcek**: None found that rose to the level that exceeded residential standards. [51:11] **Councilmember Paul Essler**: I've got a few. I guess explain who is responsible for the cost of the 16-inch water line? **Anthony Nemcek**: Development pays for itself. This development is paying for the utilities that are required of it. We have asked them to upsize their utilities and so then we will pay for that delta, which builds out a more robust utility network to allow for future development. [54:02] **Councilmember Paul Essler**: The gallons per day—my understanding is there's a requirement in the agreement that the maximum is 100,000? **Nick Egger**: That would be the maximum expected to be used any given day of the year. **Councilmember Paul Essler**: And what are they actually expecting? **Trish C**: More like 15,000 gallons per day. It is equivalent to a couple of restaurants. [55:45] **Mayor Jeff Weisensel**: Has the industry gone through a transformation in their ability to use less water? **Trish C**: You're absolutely correct, Mayor. There are a number of different tactics for the cooling system. Project Bigfoot uses a very low-water strategy. [57:22] **Councilmember Paul Essler**: Back in March 2023, there were a number of deviations or variances granted, but it looks like they’re no longer needing them. Why did they make those concessions? **Anthony Nemcek**: Most applicants are looking to have it go smoothly and not try to fight things. They have made concessions on what we had authorized. [1:03:16] **Mayor Jeff Weisensel**: Is there a representative from the University here? **Leslie Krueger**: Good evening, Mr. Mayor, Councilmembers. My name is Leslie Krueger; I am the Assistant Vice President for Planning, Space, and Real Estate at the University of Minnesota. [1:03:45] **Mayor Jeff Weisensel**: At what point does the University consider that their market-driven approach now would better be represented on the website rather than that specific [2008 sustainable community] development? **Leslie Krueger**: We have updated our website to make it clear that that was a historical artifact. The direction from our Board of Regents in 2015 was for this market-driven approach. [1:10:58] **Councilmember Paul Essler**: If something would occur on the site—if contamination was found that wasn't identified—what's the remedy for the buyer? **Leslie Krueger**: The MPCA would get involved. We are selling the site as is. The buyer also conducted their own investigation of the site. It would be their responsibility to address it. [1:12:20] **Mayor Jeff Weisensel**: Trish, to reiterate from the developer point of view, that's your understanding as well? **Trish C**: Yes, Mayor. We did conduct environmental site assessments and found no conditions of concern. If anything were to be found, we would work directly with the MPCA. [1:13:18] **Mayor Jeff Weisensel**: At this time, I will be opening up the floor for public comment. I am putting a limitation on the total time at 25 minutes, three minutes per individual. [1:14:50] **Marla Lindner**: My name is Marla Lindner, 15156 Eddy Creekway, Apple Valley. [Comments on "moral compass," federal lawsuits involving Meta, and child safety concerns.] [1:17:54] **Jeff Gorman**: Jeff Gorman, 13533 Delwood Way. [Comments on Meta's history, surveillance, tax base, and water restrictions.] [1:21:02] **Susan Froo**: Susan Froo, 1646 240th Street West, Farmington. [Plays audio about noise complaints in Virginia data centers, mentions cardiovascular health risks and migraines.] [1:26:31] **Kathy Pritchard**: Kathy Pritchard, 1573 Cital Path. [Comments on proximity to special education schools, water usage, and job loss predictions due to AI.] [1:28:53] **Amanda Taylor**: Amanda Taylor, 1805 Stanford Avenue, St. Paul. I'm with Greater MSP. [Comments in support of the project as critical economic infrastructure.] [1:32:42] **Sharon Brown**: Sharon Brown, 4425 Summer Court, Eagan. [Comments on lead pellets found by children in Umore Park and environmental concerns.] [1:36:32] **Kimmy Kiefer**: Kimmy Kiefer, 3245 145th Street West. [Comments on empathy for homeowners in the area and noise impacts on special needs children.] [1:38:08] **Julie Barner**: Julie Barner, 9836 Umore Trail, Inver Grove Heights. [Questions on surveillance, low-frequency sound, and transparency regarding previous sustainable community plans.] [1:43:09] **Bill Droste**: Bill Droste, 13501 149th Street West. I live in Amber Fields. [Former Rosemount Mayor and current County Commissioner speaking as a property owner in support of the project and its economic benefits.] [1:47:18] **Resident**: I am at 14216 Azalea Path. [Comments on disagreement with former Mayor Droste and concerns about the small-town feel of Rosemount.] [1:48:40] **Tracy Killian**: My name is Tracy Killian... [Asks questions regarding electricity generation, transmission lines, and renewable energy.] [1:49:22] **Mayor Jeff Weisensel**: Closing the public comment portion. Trish, maybe you can respond to the noise and how Meta handles it? **Trish C**: The acoustical study done for this particular site had it anywhere from 2 to 15 decibels below the state requirement. 50 decibels is like a quiet conversation; at 35 decibels, it’s a whisper. [1:51:43] **Councilmember Heidi Freske**: I'd like to make just some remarks. I personally reached out to other communities—Waukee, West Des Moines, and Altoona, Iowa. Meta has been a great community partner in those towns... and having a Meta data center in your community is a good thing. I'm proud to support this project tonight. [1:54:47] **Councilmember Paul Essler**: I want to address the residents head-on. I really adamantly disagree that we have not properly engaged with the community. Because of the challenge that you guys gave to us, it's made a better project. I think they're going to be a great community partner. I'm planning on voting yes. [1:58:38] **Mayor Jeff Weisensel**: Thank you for your ongoing engagement. [Council votes 5-0 on four motions: approving the plat, subdivision/water agreements, accepting right-of-way, and approving final site/building plans]. [2:01:42] **Logan Martin**: Next steps would be finalizing plans for building and grading permits... those will be approved internally by our building inspections and Fire Marshal. [2:03:14] **Police Chief Carson Thomas**: [Provides recap of "Heroes and Helpers" event, noting 30 kids participated with Rosemount Fire, Police, and Dakota County Sheriff.] [2:05:31] **Mayor Jeff Weisensel**: City Hall will be closed on the 25th, 26th, and January 1st. Next meeting is January 2nd. Merry Christmas, Happy New Year. Motion to adjourn? **Council**: [Approved, meeting adjourned.]