City Council Meeting - August 2, 2023
https://rosemountmn.gov/106/Agendas-and-Minutes
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 1:47
2. APPROVAL OF AGENDA 2:21
3. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS
4. PUBLIC COMMENT 2:40
5. RESPONSE TO PUBLIC COMMENT
6. CONSENT AGENDA 6:55
7. PUBLIC HEARINGS
a. Amendments to City Code, Title 4, Article B, and Title 9, Chapter 6 Relating to
Connections to Municipal Utility Systems 7:35
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ANNOUNCEMENTS
a. City Staff Updates 16:38
b. Upcoming Community Calendar 19:16
11. ADJOURNMENT 20:45
[0:01] **[Music]**
[0:40] **[Music]**
[1:12] **[Music]**
[1:43] **Mayor Jeff Weisensel:** I’d like to call the regular city council meeting for Wednesday, August 2nd, 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, thank you. We will look to the agenda. Is there any additions or corrections?
[2:17] **Logan Martin:** No, sir.
[2:19] **Mayor Jeff Weisensel:** Seeing none, I move the approval of the agenda. Is there a second?
[2:23] **Councilmember:** Second.
[2:25] **Mayor Jeff Weisensel:** All in favor signify by saying aye.
[2:28] **Councilmembers:** Aye.
[2:30] **Mayor Jeff Weisensel:** Opposed? The agenda's approved. We have no presentations, proclamations, or announcements. First item up is public comment. Anyone wishing to come before Council at this time may do so. State your name and address at the podium and limit your comments to three minutes or less on any item that's not part of the meeting agenda. Yep, thank you. And just a reminder, we don't necessarily respond to the comments, but we will take the comment and respond maybe in a future meeting depending on what it is. Thank you.
[3:09] **Paul Pettit:** Hi, good evening. My name is Paul Pettit. I live at 13426 Cormac Circle in Rosemount, the other side of Three. This is just more of a question since I'm here tonight—and you probably won't be able to provide an answer, I don't know if I can get information at a later time—but the Public Works project going on on Evermore Parkway? I think it involves storm drains, manhole covers; you're probably aware of it. It just started, I think, this past week. I'm just wondering if I could get more information on the timing and the scope of it. It's just more of an inquiry for my own benefit since I use—I live right off Evermore, I'm on a cul-de-sac right off it, so it kind of affects me personally and my family. But no complaints, I'm just wondering more of a question if I can get information at a later time or whatever. Thank you.
[3:57] **Nick Egger (Public Works Director):** Thank you for your question. It's a relatively minor project that we have there. We're essentially trying to fix where manhole covers or water valve covers are elevated above the surface of the pavement. So it'll be a pretty small operation where we're just patching in and around those immediate areas, not a long-term detour-creating type of situation. And it's really isolated only to Evermore Parkway. But I can certainly have our Street Public Works supervisor follow up with you if you have more specific detailed questions.
[4:34] **Paul Pettit:** So it's pretty short-term in terms of the timing of it?
[4:38] **Nick Egger:** Yes.
[4:40] **Paul Pettit:** Okay. And then I noticed there's some storm drains they're working on. There was like even—is it Crawley Path or Crawley? One of those cul-de-sacs intersects with Evermore. Looked like there was like a small sinkhole there because there was a, you know, there was a pretty—one of those things that has a warning light that they put there. It looked like they were working on maybe the pavement related to them, they were doing some of the other storm drains. So I'm guessing that's related to it somehow?
[5:07] **Nick Egger:** Correct. Yes, there was a sinkhole in the area generated from some settlement in and around the drain structure there that needed some concrete and restoration in and around there.
[5:19] **Paul Pettit:** Okay, well, that was just more of an inquiry. So, I think Public Works does a great job, so thanks for your opportunity to comment. Appreciate it.
[5:26] **Mayor Jeff Weisensel:** Thank you. Thank you.
[5:29] **Mayor Jeff Weisensel:** This is a question—is there anything like that on the website for any of these smaller projects when they hit into those neighborhoods?
[5:35] **Nick Egger:** Generally we don't, just because the level of impact is so small. But folks are always free to call our Public Works main number and ask. We've got a great person on the other end of the line that's really in the know about what's happening, and if she doesn't, she'll be able to find an answer really quickly. Anything else that's similar like that, you can certainly reach out.
[5:58] **Mayor Jeff Weisensel:** "Report an Issue"—would that work as well?
[6:02] **Nick Egger:** The Citizen Problem Reporter is available through the city's website. And if not, "Ask Lucky" generally directs someone to the Citizen Problem Reporter where you can submit a ticket that then comes through to our department or whatever department might be responsible for an issue.
[6:20] **Mayor Jeff Weisensel:** Yeah, I guess I—is that fairly new to the website?
[6:24] **Nick Egger:** Citizen Problem Reporter has probably been around for about a year, roughly.
[6:28] **Mayor Jeff Weisensel:** Okay.
[6:30] **Nick Egger:** You can access it from the website. "Ask Lucky" has probably been out there for some more time.
[6:35] **Mayor Jeff Weisensel:** All right, thank you. Thank you very much. Anyone else? All right, seeing no one, and that completes item four. Item five, we did not have any other responses pending from previous comments, so that completes five. We'll look at the Consent Agenda, item six. We have three items: Bill listings, minutes for July 24th, 2023, regular meeting, and approving the proposal and order feasibility study for Aspen Avenue Extension project. Does Council wish to pull anything for further discussion or comment?
[7:11] **Councilmember Paul Essler:** No.
[7:12] **Councilmember Tami Klimpel:** No.
[7:13] **Mayor Jeff Weisensel:** Anyone wish to move the Consent Agenda?
[7:15] **Councilmember Tami Klimpel:** I'll move the Consent Agenda.
[7:17] **Councilmember Paul Essler:** Second.
[7:19] **Mayor Jeff Weisensel:** Motion by Klimpel, second by Essler. Consent agenda role, please.
[7:22] **Erin Fasbender (City Clerk):** Essler?
**Paul Essler:** Aye.
**Erin Fasbender:** Klimpel?
**Tami Klimpel:** Aye.
**Erin Fasbender:** Theisen?
**Paul Theisen:** Aye.
**Erin Fasbender:** Weisensel?
**Mayor Jeff Weisensel:** Aye.
[7:34] **Mayor Jeff Weisensel:** And the consent agenda's approved. We'll move on to public hearings. First item up is the amendments to city code Title IV Article B and Title IX Chapter 6 relating to connections to Municipal Utility Systems. And looking at Mr. Egger.
[7:49] **Nick Egger:** Thanks, Mayor. Good evening, Mayor and Councilmembers. Tonight you have for your consideration the adoption of some amendments to the city code as the Mayor described. These would be changes in the intensity and frequency of septic system inspections in areas of the city which become served by the Municipal Utility Systems—Sewer and Water Systems.
So for instance, in this year in particular, we have a neighborhood that is currently not served by those systems, but we're extending them into the streets with a project. Presently, city code allows one to remain unconnected from the sewer system for up to 10 years unless a failure of that septic system for that property is detected. However, there is no requirement for a full-scale what we would call a compliance-level inspection, other than at two points: one being a point of sale of the home or the property, the other being an addition or an expansion of the square footage that triggers that sort of inspection.
What staff is recommending is that we further strengthen the requirement to allow the city to be fully aware of what the condition of septic systems are in these areas where there's an alternative modern sanitary sewer system to connect onto. It doesn't mean that someone would have to connect earlier if they're compliant and their inspection shows this after the thorough investigation, but it does mean that we're more well aware of where things are tracking. So it adds a kind of a "belts and suspenders," so to speak, for the city to have that knowledge and to be able to move forward with enforcement of our code to require the changeover and the connection to the system if a failure is detected.
What would happen is that as soon as the sanitary sewer system is available, properties in the neighborhood would receive a notice that it's there and be required to obtain one of these inspections at the onset, so that we know in year one what the condition of that septic system is for any particular property served in the area. And then every three years thereafter, they would also be required up to the point where the connection is made and we no longer have use of a septic system at a property. There's two sections of the code that speak to this: one is a little bit more in-depth and that is under Title IV Article B where there's been some language added; the other part is within Title IX Chapter 6 which references Title IV Article B. So they kind of speak to each other in a way and they cross-reference each other just to make sure that we're having consistent messaging within the code between those two sections. I think that's about all I have off the front end. I can turn it back to you, Mayor, to conduct the public hearing or I'll stand for questions.
[10:43] **Mayor Jeff Weisensel:** Any questions from Council at the moment?
[10:46] **Councilmember Paul Essler:** Mr. Egger, and you've covered this, but I think just to kind of narrow it down—we got an email from a resident asking, a resident that lives out in this community, the area where that's getting the new access to the city sewer and water. And the question was asked: why wouldn't all of the individuals in the city of Rosemount be required to do this, you know, have an inspection every three years? And again, just to clarify for everybody, that the reason why is because they don't have access to the city sewer and water? They're generally larger areas and that's the reason why that requirement isn't in place? Is that...?
[11:32] **Nick Egger:** Yes, that's the distinction here. Other areas of the city—different land use areas, different zones of the city, spots where either the system doesn't exist, the public system doesn't exist, nor are we planning for it to extend. It's not within the city's Municipal Urban Service Area (MUSA) that we're allowed to have via the comprehensive plan. So there really will become no alternative for those properties unless that boundary line changes, which could happen with future comprehensive plans, but we can't guarantee that.
[12:12] **Councilmember Paul Essler:** Right. And at that point they would be subject to the same three-year inspection that this development would have in place?
[12:19] **Nick Egger:** Yeah, this is really clarifying that as soon as those service systems become available, that's the triggering event.
[12:26] **Councilmember Paul Essler:** Okay. And then thank you. And then once again, just to follow up—all of this is just to making sure that everybody's compliant so that no septic systems are leaking into a nearby neighborhood? So if they did—if they choose not to hook up to the city services that are available to them—that they're at least getting the inspection to make sure that there is no contamination to their neighbor?
[12:49] **Nick Egger:** Right, that's correct. Yep, our overarching mission is to protect public health and the environment, and this is a way to keep a better eye on it.
[13:00] **Councilmember Paul Essler:** Okay, thank you.
[13:02] **Mayor Jeff Weisensel:** Just one comment to guess clarify, and I think Council kind of reiterated during this process: the 10-year hookup. In doing that, we looked at neighboring communities. One of the reasons this was put in place was in other communities you could be asked to hook up within, what is it, less than a year? Maybe up to two years? Rosemount's taken an approach with its residents to allow them a little longer time to utilize their sanitary septic systems a little bit longer, particularly if they've maybe been recently replaced, things like that. Can you speak to anything additional on that?
[13:45] **Nick Egger:** No, you're exactly right, Mayor. We did look at other communities and we're a bit of an outlier in having that sort of lengthy time period to allow folks up to 10 years to connect. Everywhere else that we conferred with, that was a much lower range. And in those cities, they chose to have a more aggressive stance on it. We did not, but this is a bit of a trade-off for that—at least we're able to monitor what conditions are in these areas a little more closely by implementing this ordinance.
[14:28] **Mayor Jeff Weisensel:** That monitoring, I guess, just reinforces that long-term versus you could be forced to hook up right away. And this at least allows you a little bit of time and transition to afford, certainly, that capital cost that you're going to incur. All right, with that I'll go ahead and open up the public hearing. Anyone wishing to speak on this may do so before Council. Please state your name and address at the podium and your question or comment.
[15:15] **Mayor Jeff Weisensel:** And seeing no one making a movement—a mad dash to the podium—going once, going twice. I'll move to close the public hearing. Is there a second?
[15:28] **Councilmember:** Motion.
[15:29] **Councilmember:** Second.
[15:30] **Mayor Jeff Weisensel:** Motion's been made and seconded to close the public hearing. All in favor signify by saying aye.
[15:35] **Councilmembers:** Aye.
[15:37] **Mayor Jeff Weisensel:** Opposed? With that, is there any other questions for staff on this? If not, would someone like to move the recommended action?
[15:46] **Councilmember Paul Theisen:** I'll move to adopt a resolution approving city code language amendments in Title IV Article B as well as Title IX Chapter 6 regarding the regulation of on-site sewage treatment systems (septic systems) and connections to City Utility Systems.
[16:05] **Councilmember Paul Essler:** Second.
[16:07] **Mayor Jeff Weisensel:** We have a motion by Theisen, second by Essler. Roll, please.
[16:11] **Erin Fasbender:** Essler?
**Paul Essler:** Aye.
**Erin Fasbender:** Klimpel?
**Tami Klimpel:** Aye.
**Erin Fasbender:** Theisen?
**Paul Theisen:** Aye.
**Erin Fasbender:** Weisensel?
**Mayor Jeff Weisensel:** Aye.
[16:20] **Mayor Jeff Weisensel:** And that recommended action is approved 4-0 and completes item seven. Eight, we have no unfinished business. Item eight, and no new business come before Council. Item nine. And we are up to announcements and City Staff updates. Mr. Martin.
[16:35] **Logan Martin (City Administrator):** Thank you, Mayor, members of the Council. Thanks for gathering tonight with kind of a short agenda. We met last week, and so we don't often have back-to-back City Council meetings, and so the agenda tonight was important but short, so appreciate the time.
And then to that end, it's been a busy week, a busy week and a half around here for you folks on Council and City staff too. So just part of our update, I wanted to give a shout-out to Public Works, Police, Fire, administrative staff—everybody's been stepping up to support all the City events we've had lately. So Night to Unite last night—fabulous turnout. City Council had a great time out on the route. We had a ton of folks showing up: Youth Commissioners, staff, and then you guys on Council. And thanks for neighbors just for gathering and forming parties; it was really, really cool to see.
And then Leprechaun Days is obviously enough said there. It was, you know, one of the favorite events we do. Went great—safe event, well-attended event despite a quick monsoon on Friday night. So awesome time there. So just wanted a shout-out that to go to an event like Leprechaun Days, you might not see the folks that are there putting in dozens of hours to put up barricades and clean garbages or dump garbages, and staff booths, and extra police and neighboring agencies—we saw canine units from the airport and Lakeville. And so just a ton of partners that helped pull off an event like that. So thanks to all of them for that.
Last thing on my list, Mayor: we gathered today to celebrate the retirement of our Assistant City Administrator, Emmy Foster. And so I just wanted to give her a shout-out tonight on camera. I know she often watches—hopefully not tonight, she's probably out with her family having a good night—but today was her last official day at work. She served the city for just about 17 years. She’s been a great member of the team, been through a lot with us, carried us forward in all things human relations and compensation and COVID and policy changes. And so, I mean, it’s been a steady hand there. And so I want to thank Emmy for her career of public service and look forward to this next chapter in her life. So with that, Mayor, I'll turn it back to you.
[18:31] **Mayor Jeff Weisensel:** All right, thank you. Completing 10A, we—before I move on to upcoming community calendar, I'll open up the floor to Council if they have any comments regarding certainly what we saw at Leprechaun Days. I would echo the appreciations for staff and our Leprechaun Days committee and everything for just having a tremendous community event, and then also Night to Unite. So I'll open it up to Council—anything anybody would like to say or express other than we had a good time?
[19:07] **Councilmember:** That was great.
[19:08] **Councilmember:** It was amazing. Thank you to the volunteers.
[19:11] **Mayor Jeff Weisensel:** Alrighty. So with that, we have on the upcoming calendar: as always on Tuesdays, we have our Farmers Market. Our next one will be August 8th from 1:00 to 5:00 in the parking lot of the RCC Community Center. The Environmental and Sustainability Commission meeting will be on August 8th, 5:30 to 6:30. There'll be a "Movie in the Park" event for the community August 12, 2023, all day at Central Park. Bring your blankets and lawn chairs; join them for *Puss in Boots: The Last Wish*. Puss sets out on an epic journey to find the mythical Last Wish and restore his nine lives. Outstanding. Have you seen that one, Mayor? I have not. Oh, okay. All right, yeah. I fully understand why I want to bring my blanket, lawn chairs, and my cooler. It was truly an epic journey. Sounds epic. The Farmers Market on August 15th, the following Tuesday from 1:00 to 5:00. And then the next time that we convene, first the Port Authority on August 15th from 6:00 to 7:00, and the next City regular Council meeting on August 15, 7:00 to 8:00. And with that, is there any other business to come before Council? Seeing none, I'll move to adjourn and reconvene our work session after the meeting.
[20:38] **Councilmember:** Second.
[20:40] **Mayor Jeff Weisensel:** Motion been made and seconded. All in favor signify by saying aye.
[20:43] **Councilmembers:** Aye.
[20:45] **Mayor Jeff Weisensel:** Opposed? We are adjourned back to work session. Thank you.
[20:48] **[Music]**
[21:17] **[Music]**