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20250819 CC RM Packet
AGENDA City Council Regular Meeting Tuesday, August 19, 2025 7:00 PM Council Chambers 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA 3. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS 4. RESPONSE TO PUBLIC COMMENT 5. PUBLIC COMMENT Individuals will be allowed to address the Council on subjects that are not a part of the meeting agenda. Typically, replies to the concerns expressed will be made via letter or phone call within a week or at the following council meeting. 6. CONSENT AGENDA a. Bill Listings b. Minutes of the August 4 Regular Meeting Minutes c. Minutes of the August 4, 2025 Work Session Proceedings d. Flint Hills Resources Donation e. Memorandum of Understanding with RAAA - Storage Facility f. Approve Entry Into New Lease Agreement for Replacement Toro 5910 Lawnmowers 7. PUBLIC HEARINGS a. Amended and Restated TIF Spending Plan 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ANNOUNCEMENTS a. City Staff Updates b. Upcoming Community Calendar 11. ADJOURNMENT Page 1 of 59 Page 2 of 59 Page 3 of 59 Page 4 of 59 Page 5 of 59 Page 6 of 59 Page 7 of 59 Page 8 of 59 Page 9 of 59 Page 10 of 59 Page 11 of 59 Page 12 of 59 Page 13 of 59 Page 14 of 59 Page 15 of 59 Page 16 of 59 Page 17 of 59 Page 18 of 59 Page 19 of 59 Page 20 of 59 Page 21 of 59 Page 22 of 59 Page 23 of 59 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 4, 2025 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was held on Monday, August 4, 2025, at 7:00 PM. in Rosemount Council Chambers, 2875 145th Street West. Mayor Weisensel called the meeting to order with Councilmembers Freske, Essler, Theisen and Klimpel. APPROVAL OF AGENDA Motion by Weisensel Second by Klimpel Motion to approve the agenda. Ayes: 5. Nays: None. Motion Carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS a. Overdose & Fentanyl Poisoning Awareness Month James Johnson Jr. serves as Opioid Response Advisory Committee in Dakota County. The Dakota County Opioid Response Advisory Committee supports the development of a comprehensive and effective countywide response to the opioid crisis. It provides recommendations to the county board on the use of Opioid Settlement Funds for external projects and initiatives. Mr. Johnson's commends the City of Rosemount for bringing more awareness to Dakota County regarding the matters. City Council read the proclamation for overdose and fentanyl poisoning awareness month. b. 2024 Management and Annual Comprehensive Financial Report Administrative Services Director Malecha stated that each year the City's financial records are audited by an independent public accounting firm. The goal of an independent audit is to provide reasonable assurance that the City's financial statements are free of material misstatement. The audit involves examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used, and significant estimates made by management; and evaluating the overall financial statement presentation. Ms. Malecha introduced LB Carlson representative Aaron, who presented the results of the financial report. Motion by Weisensel Second by Theisen Motion to accept the 2024 financial reports. Ayes: 5. Nays: None. Motion Carried. RESPONSE TO PUBLIC COMMENT City Administrator Martin noted City Council received a public comment from Jackie Young and Page 24 of 59 this evening City Council addressed her comment by administering the proclamation of overdose and fentanyl poisioning awareness month. In addition, City Council and staff discussed at the work session this evening the next steps regarding the public comments received from Mr. Adams. Staff will follow up with the Adam's family regarding the next steps. PUBLIC COMMENT Brian Dawson 4479 Evermoor Parkway Mr. Dawson discussed his concern regarding recent mowing done by City staff along the trail near his property. The neighborhood is concerned because the wildflowers are at their peak pollination and believes there was no disruption that took place for the wildflowers to be cut now. Mr. Dawson understands this needs to be done, but requests this is done during a different time of the year and not during high pollination time, i.e. September or later. In addition, he was concerned that the City did not clean up the brushing either after the mowing took place. CONSENT AGENDA Motion by Essler Second by Theisen Motion to approve consent agenda with item 6.e. removed Ayes: 5. Nays: None. Motion Carried. a. Bill Listings b. Minutes of the July 15, 2025 Regular Meeting Minutes c. Application for Tobacco License for Kwik Trip d. Charitable Gambling Premise Permit Rosemount Area Hockey Association e. School Speed Zones & Parking Restrictions - Bonaire Path and Ardroe Avenue Mayor Weisensel pulled this item for further discussion. Deputy Public Works Director Fredericks further discussed the studies findings and the recommendation before the City Council this evening, noting the local jurisdiction is able to reduce speed in local areas. Motion by Weisensel Second by Freske Motion to Adopt a Resolution Implementing School Speed Zones on Boniare Path and Ardroe Avenue, and Parking Restrictions on Ardroe Avenue Ayes: 5. Nays: None. Motion Carried. f. MnDOT Coop Agreement Emerald Hill Path g. Medical Leave of Absence Page 25 of 59 h. Bloomfield Park – Basketball and Tennis Court i. Accept Bray Hill PUBLIC HEARINGS a. Application for Off-Sale 3.2% Malt Liquor License for Kwik Trip City Clerk Fasbender provided an overview of the request for an Off-Sale 3.2% Malt Liquor Licenses application request has been made by Kwik Trip, Inc. Kwik Trip (Store #1757) requests to sell 3.2 alcohol at the premises located at 1030 Upper 144th St W, Rosemount. If approved, the liquor license will expire June 30, 2026, to align with the other licensed establishments. Mayor Weisensel opened public hearing at 7:50 p.m. No public comments were received. Motion by Weisensel Second by Klimpel Motion to close the public hearing Ayes: 5. Nays: None. Motion carried. Motion by Theisen Second by Essler Motion to Upon holding the public hearing, staff recommends approving an application for Off-Sale 3.2% Malt Liquor License for Kwik Trip, Inc. Store #1757 located at 1030 Upper 144th St W, Rosemount. Ayes: 5. Nays: None. Motion Carried. b. Request by Robert McNearney Custom Homes, Inc., to vacate a drainage and utility easement area located within the Autumn Terrace subdivision City Administrator Kienberger provided an overview of the request from Robert McNearney Custom Homes, Inc., for an Easement Vacation Request for Autumn Terrace. The developer is looking to complete the remaining units at Autumn Terrace but is needing to vacate an existing drainage and utility easement area that is located between lots 8, 9 and 13 to accomplish that. Mayor Weisensel opened the public hearing at 7:54 p.m. No public comment was received. Motion by Weisensel Second by Essler Motion to close the public hearing Ayes: 5. Nays: None. Motion carried. Motion by Essler Second by Klimpel Motion to adopt a resolution approving the vacation of an existing drainage and utility easement area located between lots 8, 9 and 13, Block 1, Autumn Terrace. Page 26 of 59 Ayes: 5. Nays: None. Motion Carried. UNFINISHED BUSINESS None. NEW BUSINESS a. Aspen Fields Land Use Plan Amendment, Rezoning, and Plat Approval Request Senior Planner Nemcek provided an overview of The Rosemount City Council is being asked to consider four requests submitted to the City by AspenField, LLC. The applicant is asking the City to amend its Comprehensive Land Use Plan, rezone the subject property into conformance with the proposed Land Use Plan amendment, and to approve preliminary and final plats to create four parcels and one outlot. The subject property is located 1/4 mile east of Akron Avenue at the intersection of Aspen Avenue and 145th Street East (CSAH 42). The subject property contains the site of the former Rosemount City Hall and a former residential property in the southwest corner of the site. Until recently, the City Hall site has been owned by DCTC and used for various training activities. The residential structure was removed within the past two years. The current land designation is PI-Public/Institutional and the proposed Land Use Designation is CC- Community Commercial and HDR-High Density Residential and the proposed zoning to B-1 General Business and R-4 High Density Residential. The proposed Comp Plan amendment adds land for commercial development that residents have been requesting. The concept plan included with the application submittal envisions two commercial strip centers and a daycare center. Mr. Nemcek noted while the City has seen several important commercial projects develop (Life Time, Kwik Trip, First StateBank/Sweet Kneads), commercial development remains slow in this part of the City. The key constraint to commercial development remains the lack of a complete, 360-degree trade area around the Akron 42 intersection. This is an important data point used by commercial developers building grocery stores, restaurants, and retail when identifying sites for new locations. To the east, a significant amount of land that could otherwise be developed with housing is owned by Flint Hills to be maintained as a buffer from its Pine Bend refinery. South of 42 contains DCTC and UMore Park land that will not be able to be developed for residential uses until at least 2040 when Dakota Aggregates lease ends, and also when environmental remediation of other areas takes place. The Planning Commision recommends approval of these requests except for the final plat, which is solely the purview of the City Council. This is not the end of the line for this project. Councilmember Essler questions if the only known commodity at this time was a daycare center and what housing it will be? Councilmember Klimpel noted residents provided public comment at the Planning Commission. The concerns were traffic, noise, and safety of kids. Mr. Nemcek noted the streets have been designed for this type of development. Councilmember Freske questioned the details of the parcel to the east and staff noted this parcel is high residential as well. Staff noted this parcel includes approximately 132 units of workforce housing. Page 27 of 59 John Anderson 14832 Estate Avenue Prior Lake - Aspen Field LLC Mr. Anderson is managing the overall site of the property and provided an overview of the project and timeline noting their staff are currently working on design and the plans should be to City staff soon for review. Mr. Anderson noted at this time a purchase agreement has been signed with a daycare. Mr. Anderson further discussed the economic environment with apartments and the plans to negotiate for senior housing at this location. Councilmember Freske expressed her positive interest for the commercial development, however she is only in favor of senior housing here and not workforce, market rate, etc. Staff noted if the developer is in compliance with the conformity, staff is not able to determine the end user. City Council agreed they are in favor of senior housing and requested the developer to push for senior housing at this location. Motion by Essler Second by Theisen Motion to adopt a resolution approving an amendment to the City's Comprehensive Land Use Plan to change the designated land use on the site from PI-Public/Institutional to CC-Community Commercial and HDR-High Density Residential. Ayes: 4. Nays: Freske. Motion carried. Motion by Theisen Second by Essler Motion to adopt an ordinance rezoning the subject property from PI- Public/Institutional to B-1 General Business and R-4 High Density Residential, subject to the approval of an amendment to the City's Land Use Plan. Ayes: 4. Nays: Freske. Motion carried. Motion by Essler Second by Theisen Motion to adopt a resolution approving the Aspen Fields Preliminary and Final Plats, subject to conditions. Ayes: 4. Nays: Freske. Motion carried. ANNOUNCEMENTS a. City Staff Updates City Administrator Martin discussed upcoming events. b. Upcoming Community Calendar Mayor Weisensel reviewed the calendar of events and upcoming meetings. Councilmembers thanked the Leprechaun Days Committees' work for a successful event. Page 28 of 59 Mayor Weisensel thanked Beyond the Yellow Ribbon for their recent event. ADJOURNMENT There being no further business to come before the City Council at the regular council meeting and upon a motion by Weisensel and a second by Essler the meeting was adjourned at 8:28 p.m. Respectfully submitted, Erin Fasbender City Clerk Page 29 of 59 CALL TO ORDER ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 4, 2025 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was held on Monday, August 4, 2025, at 5:00 PM. in Rosemount Council Chambers, 2875 145th Street West. Mayor Weisensel called the meeting to order with Councilmembers Freske, Essler, Theisen and Klimpel. a. FOLLOWING THE CITY COUNCIL REGULAR MEETING: The Council may choose to reconvene the work session after the adjournment of the regular meeting if the business of the work session is unable to be completed in the allotted time. DISCUSSION a. Preliminary 2026 Budget discussion City Administrator Martin and Administrative Services Director Malecha reviewed the 2026 budget and tax levy document provided to the City Council. The current budget before City Council does not include any staff requests and instead staff will review the requests with Council and based on the direction to either add the staff requests back in or keep them out of the 2026 budget. City Council is in favor of prioritizing Fire Department staff and staff recommend using public safety funds to assist with the funding of the new additions. Chief Springer further elaborated on the two essential positions he recommends; deputy fire Marshall and fire administrative assistant. Both of these positions would still be attending calls. Chief Springer noted the staffing study should be available towards the end of this year. City Administrator Martin discussed the request for a GIS Analyst. This position would allow additional utilization of the GIS Software that the City has. Councilmember Freske questioned if there would be any opportunity for other staff to crossover and learn the GIS Software. In addition, City Councilmembers recommended this position have experience utilizing artificial intelligence and the capabilities to show efficiencies within City operations. Currently, Councilmember Klimpel and Freske are not in favor for the GIS position at this time. UPDATES a. Staff Reports Staff provided an overview of the status of a response to recent public comment received from Sam Adams, Rosemount resident who has concerns regarding storm water trunk fees. Staff has conducted an analysis of trunk area charges and is looking for council guidance on a response. Further analysis and evaluation of the fees may result in the fee being even higher for them and other parcels, and would require additional time and resources. City Council is supportive of our current policy and application of the fees as currently calculated, and staff will follow up with the Adam's family confirming this. Page 30 of 59 Community Development Update Community Development Director Kienberger provided an update on the latest development and the process of approving future projects. Councilmembers agreed that if a project doesn't fit within our vision, staff and Council have the right to be selective while keeping the hometown feel. Parks & Recreation Updates Parks and Recreation Director Schultz informed City Council that this fall the old Public Works buildings will be taken down later this fall as part of the future Cental Park project. Mayor Weisensel recessed the meeting at 6:52 p.m. to the regular meeting. Mayor Weisensel reconvened the regular meeting at 8:38 p.m. Administrative Services Update City Administrator Martin provided an overview of staff's plan to convert to a PTO policy in efforts to assist with recruiting and allow for current employees to have an opportunity to have additional flexibility when it comes to using their earned time off. City Councilmembers were in favor of staff's plans. Council Updates Mayor Weisensel questioned staff on how long we will take suggestions for the Speedway Site. City Councilmembers suggested marketing the site as soon as possible with the understanding it could take a couple years. In addition, City Council recommends staff continue to engage with residents especially in that area. Councilmember Freske provided an update on Leprechaun Days and noted the committee is in the process of getting new recruits. Mayor Weisensel provided a recap on recent events; i.e. Pine Bend Refinery's 70th anniversary, Carroll's Woods community cleanup, Beyond the Yellow Ribbon Event and the upcoming OneRosemount picnic. ADJOURNMENT There being no further business to come before the City Council at the work session and upon a motion by Weisensel the meeting was adjourned at 9:11 p.m. Respectfully submitted, Erin Fasbender City Clerk Page 31 of 59 EXECUTIVE SUMMARY City Council Regular Meeting: August 19, 2025 AGENDA ITEM: Flint Hills Resources Donation AGENDA SECTION: CONSENT AGENDA PREPARED BY: Kip Springer, Fire Chief AGENDA NO. 6.d. ATTACHMENTS: Resolution, Quote APPROVED BY: LJM RECOMMENDED ACTION: Approve a resolution to accept a donation from Flint Hills Resources in the amount of $28,385.88 for the purchase of four Motorola portable radios BACKGROUND Effective communication during emergency incidents is critical to ensuring coordinated, timely, and safe responses. The Flint Hills Resources Pind Bend Fire Department (PBRFD), which is responsible for protecting the Pine Bend Refinery owned by Flint Hills Resources, operates within the City of Rosemount, Minnesota. In addition to managing emergencies at the refinery, PBRFD also supports incidents within city limits when specialized resources are requested. Currently, the Pine Bend Refinery Fire Department's radio system is not compatible with those used by surrounding agencies. This lack of interoperability creates a significant communication barrier during joint emergency operations, hindering coordination with neighboring fire departments and the Dakota County Special Operations Team. This donation will be used to purchase radios equipped with shared channels that allow seamless communication between PBRFD, local fire departments, and special operations teams. These radios can be issued directly to the Pine Bend Refinery Fire Department members for use during emergency operations. Dakota 911 will handle the programming of each device to ensure they meet the operational requirements of participating cities and agencies.By improving radio interoperability, this initiative will enhance regional emergency response capabilities, improve firefighter safety, and ensure more effective protection of critical infrastructure and the surrounding community. RECOMMENDATION Motion to approve the acceptance and expenditure of $28,385.88 dollars from Flint Hills Resources to be used for the purchase of four Motorola radios. Page 32 of 59 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2025 - XX A RESOLUTION ACCEPTING A DONATION TO THE CITY WHEREAS, the City of Rosemount is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 et seq. for the benefit of its citizens and is specifically authorized to accept gifts; WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth below to the city: Flint Hills Resources $28,385.88 WHEREAS, the terms or conditions of the donations, if any, are as follows: Purchase of four Motorola portable radios. WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. THEREFORE, NOW BE IT RESOLVED by the City Council of the City of Rosemount as follows: 1. The donations described above are accepted and shall be used to establish and/or operate services either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donor’s donation. ADOPTED this 19th day of August, 2025 by the City Council of the City of Rosemount. Jeffery D. Weisensel, Mayor ATTEST: Erin Fasbender, City Clerk Page 33 of 59 QUOTE-3134264 ROSEMOUNT FIRE DEPT, CITY OF APX-6000 Encrypted XE Green 8-7-25 08/07/2025 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. Page 34 of 59 08/07/2025 ROSEMOUNT FIRE DEPT, CITY OF 2875 145TH ST W ROSEMOUNT, MN 55068 RE: Motorola Quote for APX-6000 Encrypted XE Green 8-7-25 Dear Kip Springer , Motorola Solutions is pleased to present ROSEMOUNT FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide ROSEMOUNT FIRE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Sid Sanocki at sid.sanocki@ancom.org. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Sid Sanocki Sales Motorola Solutions Manufacturer's Representative QUOTE-3134264 Page 35 of 59 Billing Address: ROSEMOUNT FIRE DEPT, CITY OF 2875 145TH ST W ROSEMOUNT, MN 55068 US Shipping Address: ROSEMOUNT FIRE DEPT, CITY OF 2875 145TH ST W ROSEMOUNT, MN 55068 US Quote Date:08/07/2025 Expiration Date:10/06/2025 Quote Created By: Sid Sanocki Sales sid.sanocki@ancom.org 6517148359 End Customer: ROSEMOUNT FIRE DEPT, CITY OF Kip Springer kip.springer@ci.rosemount.mn.us 651-322-2060 Contract: MnDOT 209493 Payment Terms:30 NET Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price APX™ 6000 Series APX6000 XE 1 H98UCF9PW6BN PORTABLE RADIO APX6000 700/800 MODEL 2.5 4 $3,924.00 32.72% $2,640.24 $10,560.96 1a H869BZ SOFTWARE LICENSE ENH: MULTIKEY 4 $388.00 28.0% $279.36 $1,117.44 1b Q361AR ADD: P25 9600 BAUD TRUNKING 4 $353.00 32.69% $237.60 $950.40 1c Q58AL ADD: 3Y ESSENTIAL SERVICE 4 $184.00 0.0% $184.00 $736.00 1d Q15AK ADD: AES/DES-XL/DES-OFB ENCRYPTION AND ADP 4 $941.00 32.74% $632.88 $2,531.52 1e QA09008AA ADD: GROUP SERVICES 4 $177.00 32.88% $118.80 $475.20 1f QA09000AA ADD: DIGITAL TONE SIGNALING 4 $177.00 32.88% $118.80 $475.20 1g H38BT ADD: SMARTZONE OPERATION 4 $1,412.00 32.69% $950.40 $3,801.60 1h QA09113AB ADD: BASELINE RELEASE SW 4 $0.00 0.0% $0.00 $0.00 1i Q806BM ADD: ASTRO DIGITAL CAI OPERATION 4 $607.00 32.74% $408.24 $1,632.96 QUOTE-3134264APX-6000 Encrypted XE Green8-7-25 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Page 36 of 59 Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price 1j QA02006AA PORTABLE RADIO ENH: APX6000XE RUGGED RADIO 4 $942.00 28.0% $678.24 $2,712.96 1k QA01427AB ALT: IMPACT GREEN HOUSING 4 $30.00 28.0% $21.60 $86.40 2 PMNN4547A PORTABLE RADIO BATTERY IMPRES 2 LI-ION TIA4950 R IP68 3100T 4 $213.15 28.0% $153.47 $613.88 3 NNTN8860B CHARGER, DESKTOP SINGLE UNIT IMPRES 2, FAST US/NA 4 $199.56 32.71% $134.28 $537.12 4 PMMN4154A PORTABLE RSM XVE500 DIV1 GREEN, IP68, WITH KNOB 4 $800.00 32.68% $538.56 $2,154.24 Grand Total $28,385.88(USD) QUOTE-3134264APX-6000 Encrypted XE Green8-7-25 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 Page 37 of 59 Purchase Order Checklist NA OM Marked as PO/Contract/Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/Contract Number PO Date Vendor =Motorola Solutions,Inc. Payment (Billing)Terms/State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location,it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/Excel templates cannot be accepted) Tax Exemption Status Signatures (As required) NOTE:When an email order is submitted a confirmation is sent from Motorola AutoNotify referencing a case number. Once checklist is complete,order still must go through Order Validation/Credit Approval Page 38 of 59 EXECUTIVE SUMMARY City Council Regular Meeting: August 19, 2025 AGENDA ITEM: Memorandum of Understanding with RAAA - Storage Facility AGENDA SECTION: CONSENT AGENDA PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.e. ATTACHMENTS: MOU APPROVED BY: LJM RECOMMENDED ACTION: Motion to recommend the City Council approve the project moving forward by signing the MOU with RAAA. BACKGROUND Representatives from the main RAAA Board and RAAA Football Board are interested in the development of a new storage facility for their equipment. The main board would like to centralize their storage to one location that will be a good long term fit for them. They currently have equipment storage in several locations including old UMore building sites, people’s homes and other storage areas. RAAA Football is having challenges with access to their equipment and also having to store their equipment in the old basement locker rooms at Rosemount Middle School. Another challenge they have its that they can only access the storage area if a paid Building Supervisor is on site. RAAA annually spends $15,000 on storage. Both the main board and the football board have asked about assistance from the City of Rosemount regarding a new storage facility. The main board feels RAAA (as a whole) needs 5,000 sq feet of space. Staff has asked Brennan Construction (they are building UMore Park building) to provide the City with a rough cost estimate range for a 5,000 sq. ft. building. Staff from Brennan have indicated that a structure that is being discussed could cost between $105 - $110 per sq. foot. The assumptions below were taken into account when looking at the cost: • Earthwork based on a clean site with minimal import/export and no soil corrections. • Asphalt parking lot with concrete curb around the parking lot. • Wood Framed Walls 10’ tall w/ Pitch roof. • Brick up 4’ on the wall and Siding remaining 6’ on the wall. • Shingled roof and downspouts • (2) Garage Doors, (2) Man Doors with Standard Door Hardware • Electrical & HVAC. Electrical is a little strong due to not knowing utility’s location to the site and a possible cost to bring new services into the building. • No Finish on the Interior - Exposed Walls and Ceiling on the Inside. Page 39 of 59 • No Permit Cost Figured Should the MOU be approved, staff would move forward with having an architect design the building with input from RAAA. Once designed, the project would be bid out and brought back to the City Council for review and further discussion. This MOU does not bind either party and does not establish any financial / rent agreements. RECOMMENDATION Staff is recommending that the City Counicl approve the project moving forward by signing the MOU with RAAA. Page 40 of 59 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROSEMOUNT and ROSEMOUNT AREA ATHLETIC ASSOCIATION This Memorandum of Understanding (MOU) between the City of Rosemount (the City) and Rosemount Area Athletic Association (RAAA) outlines the primary terms and conditions involved with the City building a storage facility and leasing that building to RAAA to use as a central storage space for RAAA’s equipment. This MOU is not intended to create a binding agreement between the City and the RAAA. The purpose of this MOU is to set out the primary terms and conditions involved with the proposed construction and lease described above and is not intended to be binding on either party. All other terms and conditions will be negotiated in a formal lease agreement, and the parties will be contractually bound only upon the full execution of a lease agreement. RAAA: 1. RAAA will be the sole user of the storage facility and no other groups or individuals will be allowed to store anything in the building unless written permission is provided by the City. 2. Will pay an agreed semi-annual rent payment to be determined once the bids are received and approved by the City and a lease agreement is signed. 3. Monitor the safety and useability of the storage building. Provide cleaning and organization services for the building. 4. Be responsible for securing permits for any desired signage. 5. On a monthly basis, make a minimum of two inspections of the storage facility. The inspections 6. will be conducted by RAAA volunteers, and the results will be reported to the City. Report any facility damage or necessary repairs to the City. 7. Administer an access and safety protocol with RAAA volunteers who enter the storage building. 8. Carry insurance on the building (Still TBD, the terms of which are to be described in a lease agreement between the parties). 9. Persistent and/or unresolved issues related but not limited to parking, trash/debris, negative impact on park operations, or damage to the building will be cause for termination of the use of the building by RAAA. City of Rosemount: 1. The City (with input from RAAA) will choose the location for the construction of the building. 2. The building will be required by the City to meet all applicable building codes and design standards. 3. Design a storage building of approximately 5,000 square feet in a public park. Lease the building to RAAA. The lease price will be based on the bid price and other project costs. 4. Publicly bid the building project, oversee construction and deliver complected project. 5. Provide electric, heat and cooling, and long-term maintenance and access to limited parking. The City will have no obligation for alternative parking accommodations if the need arises based on the use patterns of RAAA. 6. Contact RAAA with any concerns over the use of the building. 7. If the City chooses to terminate the storage agreement with RAAA, there will be no financial Page 41 of 59 recourse by RAAA or obligation by the City to provide alternative accommodations. The City commits to all reasonable efforts to resolve issues before said termination. CITY OF ROSEMOUNT By:________________________________ Jeffrey D. Weisensel, Mayor By:________________________________ Erin Fasbender, City Clerk RAAA By:_________________________________ Treasurer By:_________________________________ President Page 42 of 59 EXECUTIVE SUMMARY City Council Regular Meeting: August 19, 2025 AGENDA ITEM: Approve Entry Into New Lease Agreement for Replacement Toro 5910 Lawnmowers AGENDA SECTION: CONSENT AGENDA PREPARED BY: Nick Egger, Public Works Director AGENDA NO. 6.f. ATTACHMENTS: Resolution, Lease Document & Forms APPROVED BY: LJM RECOMMENDED ACTION: Approve Resolution for Entry into Lease Agreement BACKGROUND The City has been leasing lawnmowers through Toro for several years, including an agreement executed in 2021 for two Groundmaster 5910 model units. This lease term expires this year, and thus it is time for a replacement lease for two new units. One of the action steps required for the commencement of the lease is an approved City Council resolution authorizing the entry into the lease. Similar to leases of the past, these units will be leased for four years, with an annual lease amount for the pair of $67,851.33. RECOMMENDATION Staff recommends approval of the attached resolution to formalize the City's entry into the agreement. Page 43 of 59 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-____ A RESOLUTION APPROVING A FOUR-YEAR LEASE FOR TWO TORO GROUNDSMASTER 5910 MOWERS WHEREAS, the City of Rosemount (the “Lessee”) is a political subdivision duly organized and existing pursuant to the Constitution and laws of the State of Minnesota; and, WHEREAS, the Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering into lease-purchase agreements; and, WHEREAS, Lease No. 200-000371-179 dated August 13, 2025 (the “Lease”) between the City of Rosemount and The Huntington National Bank, 11100 Wayzata Boulevard, Suite 700, Minnetonka, Minnesota, 55305 has been prepared; and, WHEREAS, the Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and, WHEREAS, The Huntington National Bank, (the "Lessor") shall act as Lessor under said Lease; and, WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1. The Lease, in substantially the form as presently before the governing body of the Lessee , is hereby approved, and the City Administrator, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee. 2. The Lessee shall, and the officers, agents and employees of the Lessee are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease. 3. The Lessee’s obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of Minnesota. Page 44 of 59 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved. 5. This resolution shall take effect immediately upon its adoption and approval. ADOPTED this 19th day of August, 2025 Jeffery D. Weisensel, Mayor ATTEST: Erin Fasbender, City Clerk Page 45 of 59 TURF EQUIPMENT SCHEDULE (FAIR MARKET VALUE PURCHASE OPTION) Golf_TurfScheduleFMV_Muni ver 01.22.25 Page 1 of 2 The “Lease”: Equipment Schedule Number 20000037179 Dated August 13, 2025 to Master Lease Number 819895L Dated January 28, 2021 “Lessee”: City of Rosemount, 2875 145th St W, Rosemount, Dakota, MN, 55068-4941 Contact: Phone: 6514234411 “Lessor”: The Huntington National Bank, 11100 Wayzata Blvd Ste 700, Minnetonka, Hennepin, MN, 55305-5517 This Equipment Schedule (this “Schedule”) is entered into pursuant to and incorporates the terms of the Master Lease (except as expressly modified by this Schedule) identified above between Lessor and Lessee (the “Master Lease” and, together with this Schedule, this “Lease”). All capitalized terms not otherwise defined in this Schedule have the meanings assigned in the Master Lease. Upon execution and delivery of this Schedule by Lessor and Lessee, and Lessee’s acceptance of the Equipment described below, Lessor leases to Lessee and Lessee leases from Lessor the Equipment on the terms and conditions of this Lease. SUMMARY OF TERM AND RENTAL PAYMENTS: Commencement Date ______________ Initial Term 48 Months Rent Payment Period ANNUAL Each Rent Payment A monthly payment of $67,851.33 (the "Standard Payment") is due each September until a total of 4 Standard Payments have been made. A payment of $0.00 is due each October, November, December, January, February, March, April, May, June, July and August. The Total Number of Payments includes both the Standard Payment Months and the $0 Payment Months. The first due date for a "Standard Payment" will be determined by Lessor based on the date it pays the Equipment supplier. Plus applicable taxes1 Advance Rent Payment(s) $67,851.33 For Installment(s): First Interim Rent Daily Factor N/A Security Deposit N/A 1 The Rent Payment does not include “up-front” sales or use taxes that may be imposed and due at the inception of the Lease. See Section 7 below. EQUIPMENT, PERSONAL PROPERTY, SERVICES AND/OR SOFTWARE (the “Equipment”): MAXIMUM HOURS: 2875 145th St W, Rosemount, Dakota, MN, 55068-4941: (2) Toro Groundsmaster 5910 600/Year Each Rent Payment shall be payable in advance on the Commencement Date and on the same day of each subsequent Rent Payment Period for the Initial Term and any renewal term. The following additional provisions apply to the Equipment and this Lease only: 1. So long as this Lease has not been canceled or terminated early and no Event of Default exists, upon expiration of the Initial Term (“Lease End”), Lessee may purchase all, but not less than all, of the Equipment for the fair market value of the Equipment, as mutually determined by Lessor and Lessee, plus all sales and use taxes arising on the sale of the Equipment. To exercise the foregoing purchase option, Lessee must give written notice thereof to Lessor at least 90 days and no more than 120 days prior to Lease End. If Lessee fails to give such notice, or if the parties cannot agree on the Fair Market Value of the Equipment by 60 days before Lease End, then the purchase option shall lapse. If the purchase option lapses, then at least 30 days before Lease End or the end of any renewal term, Lessee must give Lessor notice of its intent to return the Equipment and request return location instructions. If Lessee fails to give such notice, or gives notice but fails to return the Equipment in accordance with Section 5 of the Master Lease, this Lease will automatically renew, at the same rental and other terms set forth in this Lease, for additional successive non-cancelable 1-month terms after the Initial Term until timely written notice of return and proper return of the Equipment is made. 2. If Lessee gives timely notice of election to purchase the Equipment as provided in paragraph 1 and fails to timely pay the purchase price, then Lessor may, in its sole discretion, by written notice to Lessee (a) treat the Equipment as purchased and enforce payment of the purchase price, or (b) declare a failure to meet the purchase conditions whereupon Lessee’s interest in the Lease and Equipment shall automatically be canceled and Lessee shall return the Equipment in accordance with Section 5 of the Master Lease. 3. Upon Lessee’s exercise of the purchase option and Lessor’s receipt of the purchase price plus applicable sales and use tax and any rent or other amount owing under this Lease, the Equipment will be deemed transferred to Lessee at its then location and, on Lessee’s request at such time, Lessor will deliver to Lessee a bill of sale for the Equipment, “WHERE IS, AS IS” WITHOUT ANY WARRANTY AS TO TITLE OR WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED. 4. If Lessor suffers a Tax Loss because, for federal or state income tax purposes, for any reason, this Lease is not a true lease or Lessor otherwise is not entitled to depreciate the Equipment in the manner Lessor anticipated when entering into this Lease, then Lessee shall pay Lessor, as additional rent hereunder, a lump-sum amount which, after payment of all federal, state, and local income taxes on the receipt of such amount, and using the same assumptions as to tax benefits and other matters Lessor used in originally evaluating and pricing this Lease, will in Lessor’s reasonable opinion maintain Lessor's net after-tax rate of return with respect to this Lease at the same level it would have been had such Tax Loss not occurred. Lessor will notify Lessee of any claim that may give rise to indemnity hereunder and will make a reasonable effort to contest any such claim at the administrative level of the applicable taxing authority. Lessor shall control all aspects of any settlement and contest, and Lessee agrees to pay the legal fees and other out-of-pocket expenses thereof even if Lessor's defense is successful. Notwithstanding the foregoing, Lessee will not be obligated to indemnify Lessor for any Tax Loss caused solely by (a) a casualty Loss to the Equipment if Lessee pays the amount required under Section 8 of the Master Lease, (b) Lessor's sale of the Equipment other than on account of an Event of Default, (c) failure of Lessor to have sufficient income to utilize its anticipated tax benefits or to timely claim such tax benefits, and (d) tax law changes, including rates, effective after the Lease begins. Lessee's indemnity obligations hereunder shall survive cancelation and termination of this Lease. For purposes of this paragraph, the term “Tax Loss”, means Lessor's loss of, or loss of the right to claim, or recapture of, all or any part of the federal or state income tax benefits Lessor anticipated as a result of entering into this Lease and owning the Equipment; and the term "Lessor" shall include any member of an affiliated group of which Lessor is (or may become) a member if consolidated tax returns are filed for such affiliated group for federal income tax purposes. Page 46 of 59 Golf_TurfScheduleFMV_Muni ver 01.22.25 Page 2 of 2 5. If this Lease terminates or is cancelled prior to the end of the Initial Term, then the Maximum Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or Initial Term, as applicable. If the Lease is renewed or extended, the Maximum Hours allowed during such renewal or extension shall be calculated pro rata based on the number of Maximum Hours specified above and the number of months of such extension or renewal. 6. This Schedule may, in Lessor’s sole discretion, be delivered and/or reproduced by facsimile, optical scanning or other electronic means (“e-copy”) and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding, provided that there shall be only one original of this Schedule and it shall bear the original ink or electronic signature of Lessor and be marked “Original.” Each party’s electronic signature on this Schedule shall be unconditionally valid and legally enforceable, and each party agrees not to contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Schedule constitutes chattel paper (as that term is defined by the Uniform Commercial Code), a security or ownership interest intended to be created through the transfer and possession of this Schedule can be done only by the transfer of the “Original” bearing the original ink or electronic signature of Lessor; provided that, if the “Paper Out” process shall have occurred, or if there shall simultaneously exist both the “Paper Out” printed version and an electronic version of this lease, then the “Paper Out” printed version of such document bearing the legend “Original” applied by Lessor shall constitute the sole chattel paper original and authoritative version. Lessee agrees to deliver to Lessor, on request, this Schedule bearing Lessee’s original signature. 7. Lessee acknowledges that the Rent Payment does not include any “up-front” sales or use taxes (due at Lease inception) that Lessee elects to finance in conjunction with other financing under this Lease (“Financed Taxes”). If applicable, Lessor will adjust the Rent Payment amount to include the Financed Taxes (inclusive of any applicable fees), and such adjustment will be calculated by amortizing the Financed Taxes over the term of the Lease using the same yield used for calculation of Rent Payments (or as reasonably determined by Lessor). The adjusted Rent Payment shall be due and paid by Lessee in accordance with this Lease, and any reference to taxes, Rent Payment, and payment obligations under the Lease shall include Financed Taxes unless otherwise specified. Lessor The Huntington National Bank By: __________________________________ Title: _______________________ Lessee City of Rosemount By: __________________________________ Jeff Weisensel, Mayor Page 47 of 59 Page 48 of 59 Page 49 of 59 EXECUTIVE SUMMARY City Council Regular Meeting: August 19, 2025 AGENDA ITEM: Amended and Restated TIF Spending Plan AGENDA SECTION: PUBLIC HEARINGS PREPARED BY: Eric Van Oss, Economic Development Coordinator AGENDA NO. 7.a. ATTACHMENTS: Spending Plan - Rosemount Final , Spending Plan - Rosemount Redlines APPROVED BY: LJM RECOMMENDED ACTION: Motion to open the public hearing, take public comment and close the public hearing. Motion to approve the Amended and Restated TIF Spending Plan. BACKGROUND In 2021, the Legislature enacted expanded, temporary authority to transfer unobligated tax increments for purposes of assisting private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities, if doing so will create or retain jobs in the state. The new law temporarily permits a development authority (Rosemount Port Authority) to elect, by resolution, to transfer unobligated increment for certain specified purposes provided the following criteria are met: 1. It consists of the construction or substantial rehabilitation of buildings and ancillary facilities; 2. It creates or retains jobs in the state, including construction jobs; 3. and Construction commences before December 31, 2025 and would not have commenced before that date without the assistance. On November 1st, 2022 the City Council approved the TIF Spending Plan. This allowed the City to transfer approximately $2.857 million from the Downtown Brockway TIF District to a separate account by December 31st, 2022. During the 2025 legislative session, the legislature extended the project commencement deadline from December 31, 2025 to December 31, 2026, allowing the City an additional year to allow funding of potential projects. The statute also cleaned up some other confusing language in the legislation. Given the changes to the TIF Spending Plan legislation, the City needs to amend and restate the current TIF Spending Plan policy. Staff has included a redline and clean version of the updated policy. The City Council approves the spending plan and will hold a public hearing on August 19th. Port Authority is the body that will approve (by resolution) the transfer of funds for specific projects. Ehlers, the city's financial consultant, will give a presentation on the extension and changes. RECOMMENDATION Staff recommends the council approves the Amended and Restated TIF Spending Plan. Page 50 of 59 Originally Adopted: November 1, 2022 Amended and Adopted: August 19, 2025 Rosemount City Council City of Rosemount, Dakota County, Minnesota Amended and Restated Spending Plan Tax Increment Financing Downtown Brockway District Page 51 of 59 City of Rosemount Spending Plan for Downtown Brockway TIF District 1 Amended and Restated Spending Plan for Tax Increment Financing District PURPOSE The Rosemont Port Authority (the “Authority”) administers Tax Increment Financing Downtown Brockway District (the “TIF Districts”) in the City of Rosemount, Minnesota (the “City”), and proposes to adopt a Spending Plan for the TIF Districts in accordance with Minnesota Statutes, Section 469.176 Subd. 4n (the “Act”). The original Spending Plan was adopted November 1, 2022. In 2025, the Minnesota legislature revised the Act which allowed, among other things, a time extension and clarifications to the interest earned on TIF transferred under the Act. This Amended and Restated Spending Plan incorporates those 2025 revisions. The Act grants the Authority temporary authorization to transfer unobligated tax increment to provide improvements, loans, interest rate subsidies or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities, which will create or retain jobs in the State, including construction jobs, so long as such private development commences no later than December 31, 2026, and would not have commenced before that date without such assistance. The funds must be spent, loaned, invested or otherwise irrevocably committed by December 31, 2026. Such transfers must be made by resolution, pursuant to the terms of a spending plan approved by the Authority and by the City, following a public hearing of the City Council. PLAN The Authority is authorized as follows: (a) In 2022, the Port Authority transferred $2.857 million. Interest earned on the transferred increment shall be treated in the same manner as the transferred increment and is available to be utilized as outlined in this Amended and Restated Spending Plan. (b) To use transferred tax increments from the TIF Districts to provide assistance in connection with a private development consisting of the construction or substantial rehabilitation of commercial, industrial, residential and/or mixed-use buildings and ancillary facilities requiring a minimum of $25,000 and no more than $500,000 in financing assistance. Preference will be given to projects on parcels targeted for redevelopment that further the goals set forth in the City’s Comprehensive Plan and the City’s other strategic planning documents, and which will result in the creation and retention of jobs in the State, including construction jobs. (c) To amend the budget set forth in the Tax Increment Financing Plans for the Tax Increment Financing Districts as necessary to provide for the assistance authorized by this Spending Plan. (d) To take any other action necessary and authorized under the Act in connection with the construction or substantial rehabilitation of facilities of the type described in clause (a) above. Page 52 of 59 City of of Pipestone Spending Plan for TIF Districts 12 and 13 2 The assistance provided pursuant to this Plan shall be subject to Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Business Subsidy Law”), if applicable, and shall be subject to the City’s Business Subsidy Policy. Page 53 of 59 Originally Adopted: November 1, 2022 AdoptedAmended and Adopted: August 19, 2025 Rosemount City Council City of Rosemount, Dakota County, Minnesota Amended and Restated Spending Plan Tax Increment Financing Downtown Brockway District Page 54 of 59 City of Rosemount Spending Plan for Downtown Brockway TIF District 1 Amended and Restated Spending Plan for Tax Increment Financing District PURPOSE The Rosemont Port Authority (the “Authority”) administers Tax Increment Financing Downtown Brockway District (the “TIF Districts”) in the City of Rosemount, Minnesota (the “City”), and proposes to adopt a Spending Plan for the TIF Districts in accordance with Minnesota Statutes, Section 469.176 Subd. 4n (the “Act”). The original Spending Plan was adopted November 1, 2022. In 2025, the Minnesota legislature revised the Act which allowed, among other things, a time extension and clarifications to the interest earned on TIF transferred under the Act. This Amended and Restated Spending Plan incorporates those 2025 revisions. The Act grants the Authority temporary authorization to transfer unobligated tax increment to provide improvements, loans, interest rate subsidies or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities, which will create or retain jobs in the State, including construction jobs, so long as such private development commences no later than December 31, 20265, and would not have commenced before that date without such assistance. The funds must be spent, loaned, invested or otherwise irrevocably committed by December 31, 2026. Such transfers must be made by resolution, pursuant to the terms of a spending plan approved by the Authority and by the City, following a public hearing of the City Council. PLAN The Authority is authorized as follows: (a) In 2022xx, the Port Authority transferred $2.857 millionxxxxxx. Interest earned on the transferred increment shall be treated in the same manner as the transferred increment and is available to be utilized as outlined in this Amended and Restated Spending Plan. (a)(b) To use available transferred tax increments from the TIF Districts to provide assistance in connection with a private development consisting of the construction or substantial rehabilitation of commercial, industrial, residential and/or mixed-use buildings and ancillary facilities requiring a minimum of $25,000 and no more than $500,000 in financing assistance. Preference will be given to projects on parcels targeted for redevelopment that further the goals set forth in the City’s Comprehensive Plan and the City’s other strategic planning documents, and which will result in the creation and retention of jobs in the State, including construction jobs. (b)(c) To amend the budget set forth in the Tax Increment Financing Plans for the Tax Increment Financing Districts as necessary to provide for the assistance authorized by this Spending Plan. (c)(d) To take any other action necessary and authorized under the Act in connection with the construction or substantial rehabilitation of facilities of the type described in clause (a) above. Page 55 of 59 City of of Pipestone Spending Plan for TIF Districts 12 and 13 2 The assistance provided pursuant to this Plan shall be subject to Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Business Subsidy Law”), if applicable, and shall be subject to the City’s Business Subsidy Policy. 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