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HomeMy WebLinkAbout20250603 CC RM Packet AGENDA City Council Regular Meeting Tuesday, June 3, 2025 7:00 PM Council Chambers 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA 3. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS a. Oath of Office - Police Sergeant Promotion b. 4H Presentation c. Small Cities Month Proclamation 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 May 20, 2025 Regular Meeting Minutes c. Performance Measure Program d. Cost Share Agreement with Dakota County - Voting Equipment e. Liquor License Renewals f. Interfund Loan for the Purchase of 14515 Dodd Blvd g. Accept Donation of Equipment for Fire Department 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Playground Proposals - Dallara Park 10. ANNOUNCEMENTS a. City Staff Updates b. Upcoming Community Calendar Page 1 of 57 11. ADJOURNMENT Page 2 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Oath of Office - Police Sergeant Promotion AGENDA SECTION: PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS PREPARED BY: Mikael Dahlstrom, Police Chief AGENDA NO. 3.a. ATTACHMENTS: Oath of Office APPROVED BY: LJM RECOMMENDED ACTION: Deliver the oath of office BACKGROUND Sergeant Kevin Tapper was born and raised in Rosemount and is a proud graduate of Rosemount High School. He went on to attend Minnesota State University, Mankato, earning a Bachelor of Science degree in Law Enforcement in 2011. He began his law enforcement career in 2012 with the Hillsborough County Sheriff’s Office in Tampa, Florida, where he served on patrol for four years before returning home to Rosemount. Upon his return, he joined the Rosemount Police Department as a patrol officer, a role he held for six years— five of which he served as a Field Training Officer. This assignment placed him in a vital position for mentoring and developing new officers. In 2021, he joined the Detective Bureau, where he successfully investigated a wide range of cases and completed specialized training in areas such as forensic interviewing of children, financial crimes, and interview and interrogation techniques, among many others. Over the years, Sgt. Tapper attended a variety of leadership courses and was able to complete and earn a Supervisory Certificate in Leadership from the Bureau of Criminal Apprehension. In 2024, following a competitive testing and selection process, he was promoted to the rank of Sergeant. Beyond his primary duties, he has contributed in numerous supplemental roles: he served as the President of the Rosemount Patrol Union for four years, has been a Use of Force Instructor since 2022, and has worked as an Alcohol and Tobacco Compliance Officer and member of the City Wellness Committee. He is also a member of the Crime Scene Team and a certified Wrap Restraint Instructor. Throughout his career, he has been recognized for his professionalism and dedication. He received multiple letters of commendation and an “Eagle Eye” Award during his time in Florida, and in Rosemount, he has earned two Life Saving Awards and several Awards of Merit. Please join me in congratulating Kevin Tapper on his well-earned promotion to the rank of Sergeant. Page 3 of 57 RECOMMENDATION Deliver the oath of office Page 4 of 57 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) § CITY OF ROSEMOUNT ) I, Kevin Tapper, solemnly swear that I will support the Constitution of the United States and of the State of Minnesota, and faithfully discharge the duties of a Police Sergeant with the Rosemount Police Department in the County of Dakota and the State of Minnesota, to the best of my judgment and ability. So help me God. Kevin Tapper Subscribed and sworn to before me this 3rd day of June, 2025 Mayor Jeffery D. Weisensel Page 5 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: 4H Presentation AGENDA SECTION: PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS PREPARED BY: Logan Martin, City Administrator AGENDA NO. 3.b. ATTACHMENTS: APPROVED BY: LJM RECOMMENDED ACTION: None, receive update. BACKGROUND Dylan Tate, 4-H member, will be present to discuss their 4-H Key Award designation. . RECOMMENDATION None, receive update Page 6 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Small Cities Month Proclamation AGENDA SECTION: PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS PREPARED BY: Logan Martin, City Administrator AGENDA NO. 3.c. ATTACHMENTS: Proclamation APPROVED BY: LJM RECOMMENDED ACTION: Motion to proclaim June 2025 as Small Cities Month in the City of Rosemount BACKGROUND The City is a member of the National League of Cities and as such we have been encouraged to join other communities under 50,000 population in declaring June 2025 as Small Cities month. The attached proclamation nicely summarizes the role that small cities play in the United States, with the vast majority of cities and towns achieving the classification of “small”. We encourage residents, businesses, and organizations to recognize the strength of community and the benefits provided by towns such as Rosemount all across the country. RECOMMENDATION Staff recommends the Council adopt a proclamation declaring June 2025 as Small Cities Month in the City of Rosemount. Page 7 of 57 PROCLAMATION Whereas, Small cities and towns under 50,000 population are the home to millions of Americans and constitute the vast majority of municipalities across the United States; and Whereas, Small cities and towns strive to strengthen their communities through the provision of services and programs to improve the quality of life for all citizens; and Whereas, The federal government is an essential partner in the success of small cities and towns, and must be encouraged to continue to support programs and legislation that strengthen small communities; and Whereas, State governments are partners in the success of small cities and towns, and must be encouraged to continue to support key programs and legislation that strengthen communities; and Whereas, Organizations, businesses, and citizens are partners in the success of small cities and towns, and must be encouraged to continue to grow their efforts to make small communities a viable choice for people to live in; and Whereas, During these challenging economic times, the need for a renewed intergovernmental partnership to support essential public services is more important than ever to ensure the safety and growth of small town America; and Whereas, The National League of Cities President and the Small Cities Council of the National League of Cities have declared June 2025 as Small Cities Month; Now, Therefore, I, Jeffery D. Weisensel, Mayor of Rosemount Minnesota, do hereby proclaim June 2025 as Small Cities Month, in the City of Rosemount and encourage organizations, businesses, and all citizens to recognize this event, and to work together this month and throughout the year to invest in small cities and towns to better the lives of all citizens. Dated this 3rd day of June, 2025. Mayor ________________________________________________ Page 8 of 57 Page 9 of 57 Page 10 of 57 Page 11 of 57 Page 12 of 57 Page 13 of 57 Page 14 of 57 Page 15 of 57 Page 16 of 57 Page 17 of 57 Page 18 of 57 Page 19 of 57 Page 20 of 57 Page 21 of 57 Page 22 of 57 Page 23 of 57 Page 24 of 57 Page 25 of 57 CALL TO ORDER/PLEDGE OF ALLEGIANCE ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 20, 2025 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was held on Tuesday, May 20, 2025, at 7:00 PM. in Rosemount Council Chambers, 2875 145th Street West. Mayor Weisensel called the meeting to order with Councilmembers Freske, Essler and Klimpel. Councilmember Theisen was absent. APPROVAL OF AGENDA Motion by Weisensel Second by Freske Motion to approve the agenda Ayes: 4. Nays: None. Motion Carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS a. Firefighter Swearing in Ceremony Chief Kip Springer recognized the 11 Firefighters who satisfied the training requirements as part of their probation. Chief Springer fully supports these Firefighters to be sworn in and recognized as regular status Firefighters. City Clerk Fasbender administered the oath of office. b. Proclamation - National Public Works Week 2025 Public Works Director Egger introduced Deputy Public Works Director Charlie Fredericks. Mr. Egger recognized the public works team as we celebrate National Public Works Week. City Councilmembers read the proclamation. c. Update from Beyond the Yellow Ribbon City Administrator Martin introduced Beyond the Yellow Ribbon as they provide their annual update highlighting their event on June 10th in Central Park called Patriots in the Park. City Councilmembers expressed their gratitude towards what Beyond the Yellow Ribbon does for the community. RESPONSE TO PUBLIC COMMENT None. PUBLIC COMMENT None. Page 26 of 57 CONSENT AGENDA Motion by Essler Second by Freske Motion to approve consent agenda Ayes: 4. Nays: None. Motion Carried. a. Bill Listings b. Minutes of the May 6, 2025 Regular Meeting Minutes c. Minutes of the May 6, 2025 Work Session Proceedings d. Resolution Approving Modified Assessment Agreement e. 2024 Interfund Transfers f. Request by M/I Homes for approval of the Akron Ridge Final Plat g. Approval of amendments to the Port Authority Bylaws h. Request for a Minor Amendment to the Prestwick Place PUD i. Amber Fields 7th Addition, Final Acceptance PUBLIC HEARINGS a. Request by Keystone Development Partners for the vacation of certain areas of drainage and utility easements on Lots 7 and 8 in the Biscayne Business Park Community Development Director Kienberger provided an overview of the request to vacate portions of the existing drainage and utility easements within lots 7 and 8 in the Biscayne Business Park. The Biscayne Business Park is located near the intersection of Biscayne Avenue and 160th Street West. The applicant has been in discussions with staff about developing the two eastern parcels, lots 7 and 8, first and eventually developing the western parcel. This phased approach to the development of the site has necessitated some slight reconfiguration of the site from the originally approved site plan. No change to the number of buildings or their general location is proposed, and the standards and regulations of the zoning ordinance continue to be met. Mayor Weisensel opened the public hearing at 7:28 p.m. Motion by Weisensel Second by Klimpel Motion to close the public hearing Ayes: 4. Nays: None. Motion Carried. Motion by Klimpel Second by Essler Motion to adopt a resolution approving the vacation of certain areas of the existing drainage and utility easements within lots 7 and 8 of the Biscayne Business Park. Ayes: 4. Nays: None. Motion Carried. Page 27 of 57 b. Request by Morrison Partners, LLC., for the vacation of ingress and egress and parking easements within the Morrison 1st Addition Plat. Community Development Director Kienberger discussed the Morrison's development and the requirement to clean up the parcel. The applicant and staff are unaware why these easements were not identified during the title search when the parcels were assembled for The Morrison in 2020. The City has no interest in this property, and there is no need to retain these easements. Mayor Weisensel opened the public hearing at 7:31 p.m. Motion by Weisensel Second by Klimpel Motion to close the public hearing Ayes: 4. Nays: None. Motion Carried. Motion by Freske Second by Essler Motion to adopt a resolution approving the vacation of the ingress and egress and parking easement at The Morrison apartment building. Ayes: 4. Nays: None. Motion Carried. UNFINISHED BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS a. City Staff Updates City Administrator Martin noted that Parks and Recreation Director Schultz would like to highlight several upcoming events on the calendar specifically noting the Memorial Day event in Central Park. Mr. Martin also highlighted the forthcoming communication regarding summer construction in Rosemount. Public Works Director Egger also highlighted the open house with MnDOT on May 21st which will discuss the roundabout on Highway 3 at the High School Entrance. b. Upcoming Community Calendar Mayor Weisensel reviewed the calendar of events and upcoming meetings. 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 7:39 p.m. Respectfully submitted, Erin Fasbender City Clerk Page 28 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Performance Measure Program AGENDA SECTION: CONSENT AGENDA PREPARED BY: Teah Malecha, Administrative Services Director AGENDA NO. 6.c. ATTACHMENTS: Resolution APPROVED BY: LJM RECOMMENDED ACTION: Adopt the Resolution Approving the 2024 Performance Measures BACKGROUND In 2010, the Legislature created the Council on Local Results and Innovation (CLRI). In February 2011, the CLRI released a standard set of 10 performance measures for cities and counties to determine the efficacy of services provided and measure residents' opinion of those services. The CLRI followed that in February 2012 with a comprehensive performance measurement system for cities and counties to implement. Cities and counties can voluntarily participate in the program through the Office of the State Auditor. If they choose to participate, they must officially adopt and implement at least 10 of the performance measures developed by the CLRI. Each city or county is eligible for a reimbursement of $0.14 per capita, not to exceed $25,000, and is also exempt from levy limits if the limits are in effect. In 2024, 38 cities and 26 counties were certified through this program. Rosemount received $3,775 in 2024. The City currently reports on more than 10 of the performance measures in the annual budget book. The following measures are the 2024 information for the reported items under the six categories as approved by the State. General • The City's current credit rating as rated by Standard & Poor's is AA+. The City has carried that rating since 2017, which was reaffirmed in 2023 for the bond issuance. • The nuisance code enforcement cases were 9.94 per 1,000 residents. Police Services • Until 2021, crimes were reported as Part I and II crimes. Due to changes in reporting and crime classifications, they are now categorized as Group A and B. Many do not fall into the same categories as they did historically. In 2024, those crimes totaled 571, which is a reduction from 680 in 2023. • The Crime Clearance Rate is 33 percent, a decrease from 51 percent in 2023. • The average police response time for Priority 1 calls was 5 minutes, which has increased from 4 Page 29 of 57 minutes and 50 seconds in 2023. Fire Services • The Insurance Service Office (ISO) rating for the City is 4/6 for city and 10 for rural areas. The ISO rating is issued to fire departments across the country for the effectiveness of fire protection and equipment. It is on a 1 to 10 scale with Class 1 being the highest. • The average fire response time in 2023 was 5 minutes and 24 seconds for high priority calls, which is a decrease (improved) from 5 minutes and 45 seconds in 2024. • The number of fire calls per 1,000 residents was 14.13. Calls increased from 404 in 2023 to 432 in 2024. • The number of medical calls per 1,000 residents was 21.45. The calls decreased from 696 to 656. Streets • The average city street pavement condition rating is 82.66. An increase from 82.10 in 2023. • The average hours to complete a road system clearing during a snow event is 11.5 hours. Water • The operating cost per 1,000,000 gallons of water pumped was $3,394. Sewer • The number of sewer blockages on the city system per 100 connections was 0. There were no blockages in the mainline system in 2024. RECOMMENDATION Staff recommends the City Council adopt the resolution approving the 2024 performance measures. Page 30 of 57 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2025 – XX A RESOLUTION APPROVING 2024 PERFORMANCE MEASURES WHEREAS,Benefits to the City of Rosemount for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS,Any city participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS,The City Council of Rosemount has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and THEREFORE, BE IT RESOLVED that the City Council of Rosemount will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the City’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, The City Council of Rosemount will submit to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. ADOPTED this 3rd day of June, 2025, by the City Council of the City of Rosemount. Jeffery D. Weisensel, Mayor ATTEST: Erin Fasbender, City Clerk Page 31 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Cost Share Agreement with Dakota County - Voting Equipment AGENDA SECTION: CONSENT AGENDA PREPARED BY: Erin Fasbender, City Clerk AGENDA NO. 6.d. ATTACHMENTS: Cost Share Agreement APPROVED BY: LJM RECOMMENDED ACTION: Staff recommends approving a Cost Share Agreement between Dakota County and cities, townships, and school districts in Dakota County for new voting equipment. BACKGROUND Dakota County’s voting equipment is quickly becoming outdated, leading to challenges in reliability and efficiency. As election standards evolve and voter expectations increase, upgrading to the next generation of voting equipment is critical to ensure trust in the electoral process, compliance with regulations, ease of use, and accessibility for all voters. The current County’s voting equipment was deployed in 2015. With proactive care and preventive maintenance, ballot tabulators have been successfully used in over 40 elections and are rapidly approaching the end of their life. Users are seeing slower processing times and a higher level of ongoing maintenance. Additionally, the accessible voting hardware has already reached the end of its life and does not efficiently or dependably support voters with disabilities.In addition the number of eligible voters in our city has increased plus the rigorous testing requirement demands has led to excessive use on our equipment. On March 11, 2025, the Dakota County Board of Commissioners approved the concept of cost sharing with local jurisdictions to replace this equipment. This project is estimated to cost $5 million, which will include the initial equipment purchase (e.g., tabulators, software, peripherals) and training for election staff. The county proposes this cost-share agreement to be structured so that Dakota County would assume 65% of the cost, city and township partners would assume 30% of the costs, and school districts would assume 5% of the costs. In previous election cost-share agreements, Dakota County has allowed partners to split up-front costs into multiple years to reduce the immediate budget impact. The total estimated amount for Rosemount is $96,756. Staff would recommend splitting costs into multiple years. Payment would be made to the County in five (5) equal annual installments, without interest, on or before January 31st of each year beginning in 2027 and ending in 2031. The proposal is to invest in new, state-of-the-art voting equipment that: 1. Enhances Security: Incorporates advanced encryption and other features to prevent tampering. Page 32 of 57 2. Improves Accessibility: Meets ADA standards and provides equitable access for voters with disabilities. 3. Increases Efficiency and Voter Trust: Reduces wait times, streamlines ballot processing, and minimizes the potential for errors. Enhances overall trust in the electoral process. 4. Supports Scalability: Accommodates future growth in voter participation. Dakota County's timeline is to begin the procurement process this summer, with new equipment arriving in early 2026. The first election using the new equipment will be the August 2026 State Primary Election. Staff is supportive of investing in modern voting equipment to maintain integrity and trustworthiness of our democratic process. RECOMMENDATION Staff recommends approving a Cost Share Agreement between Dakota County attached. Page 33 of 57 COST SHARE AGREEMENT BETWEEN __________________________________________________ AND COUNTY OF DAKOTA FOR ELECTION HARDWARE, SOFTWARE, AND RELATED SERVICES This Cost Share Agreement (“Agreement”) is entered into by and between the __________________________________________________________________ (“Municipality”), _________________________________________, MN _______, and the County of Dakota (“County”), 1590 Highway 55, Hastings, MN 55033. Municipality and County are referred to individually as the “Party” and are collectively referred to as the “Parties”. WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement through action of their governing bodies, may jointly exercise powers common to the governmental units; and WHEREAS, under Minn. Stat. § 206.805, the parties are empowered to purchase election hardware, software and related services; and WHEREAS, the County, along with cities and townships in Dakota County, shared the cost for the purchase and implementation of voting equipment in 1998 and 2015; and WHEREAS, the Parties are desirous of cooperating to purchase a replacement for the current voting equipment system for use by the Parties and other cities, townships, and school districts in Dakota County who enter into separate Cost Share Agreements with the County (collectively, the “Governmental Units”). NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the Parties agree as follows: I.PURPOSE A.The purpose of this Agreement is to authorize the County to purchase election hardware, software and related services for the Parties and to establish the obligations of the Parties with respect to their use and maintenance. II.TERM A.The term of this Agreement shall commence on the Effective Date, which is the date when all signatures of the Parties are obtained and shall remain in full force and effect until the Expiration Date, which is the date when the Vendor Contract entered into pursuant to Section III(A) terminates, this Agreement is terminated as provided herein, or by operation of law, whichever occurs first. This Agreement may be extended by written mutual agreement of the Parties. Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 City of Rosemount 2875 145th St. W. Rosemount 55068 City of Rosemount Page 34 of 57 2 III. DUTIES OF THE COUNTY The Vendor Contract includes hardware, software, licensing, and maintenance. A. Solicitation. In conformance with the provisions of Minnesota law, the County will prepare a Request for Proposals (RFP) for an electronic voting system that meets the requirements of all Minnesota statutes and rules, including Minn. Stat. § 206.57, to be used by all local government units in Dakota County, including the Parties. The County will consult with the Municipality in preparation of the RFP. The solicitation will consist of a competitive process consistent with state law applicable to such solicitation. The RFP will include vendor-supplied technical maintenance and regular maintenance and upgrades of the election hardware and software, wherever stored, for at least five (5) years from the date of purchase, including assurances of sufficient parts, supplies and accessories, warranty service, and will seek to obtain a trade-in allowance for all electronic voting systems owned by Dakota County. B. Award of Contract. The final decision on the vendor to whom the contract shall be awarded will be made by the Dakota County Board of Commissioners. The contract will be awarded to a vendor whose proposal meets all of the standards for voting systems required by Minnesota law. The County will defend and indemnify the Municipality, its elected officials, employees and/or agents and hold them harmless from all claims and damages arising out of the solicitation process and the award of contract for the election hardware, software and related services. C. Repairs and Maintenance. The County will arrange for all necessary repairs, maintenance and upgrades to the election hardware and software between election seasons. D. Purchase and Delivery. The County will arrange for the purchase and delivery of election hardware and peripherals. E. Licenses. The County will obtain all licenses and other rights necessary for the Municipality to use the election hardware and software for its intended use. The County will defend and indemnify the Municipality, its elected officials, employees and/or agents and hold them harmless from all claims and damages arising out of any license, copyright or other intellectual property right. F. Insurance. The County will include the election hardware and software on its commercial property casualty insurance coverage. G. Ownership. The County will own the election hardware and software purchased pursuant to this Agreement, regardless of where the election hardware and software may be stored or used. Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 35 of 57 3 IV.DUTIES OF THE MUNICIPALITY A.Existing Election Hardware and Software. To the extent the Municipality has ballot tabulation equipment or ballot boxes in its possession, it will turn such equipment over to the County. B.Storage, Handling and Service. The Municipality must provide safe storage and handling of the election hardware and software when such equipment is in the Municipality's possession. The Municipality will report any needed hardware and software maintenance, in writing, to the County. Any election hardware or software problems on election days may be reported to the County orally. C.Payment. a.Upon award of the contract, the County will first pay sixty-five percent (65%) of the purchase price and apply trade-in credit received, if any, to each of the election hardware and software packages purchased. The Municipality will pay its pro rata share of the remaining cost, by percentage, for the election hardware and software packages purchased by the County for the Municipality as identified in Appendix A. b.Payment by the Municipality to the County will be made in five (5) equal annual installments, without interest, on or before January 31st of each year beginning in 2027 and ending in 2031. The Municipality may prepay installments at any time without penalty. The Municipality will pay the County within forty-five (45) calendar days of receipt of an invoice from the County. c.The Municipality will pay to the County its pro rata share of the annual maintenance costs for the election equipment. The Municipality will pay the County within forty-five (45) days receipt of an invoice from the County. D.Operation of the System. Municipality shall operate in compliance with the following General Conditions Governing Operation of the Electronic Voting System: a.Municipality shall distribute voting equipment to precincts in the quantities advised by the County in each election held in the Municipality through the term of this Agreement. b.Municipality must only use the polling place and election procedures approved by or from the County or the Minnesota Secretary of State. Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 36 of 57 4 V. INDEMNIFICATION A. Municipality. The Municipality will defend and indemnify the County, its elected officials, employees, and agents and hold them harmless from all claims and damages arising out of the use, transport, storage, handling, or maintenance of the voting equipment, which are attributable to the intentional, willful, or negligent acts or omissions of the Municipality, its elected officials, employees, or agents. B. County. The County will defend and indemnify the Municipality, its elected officials, employees, and agents and hold them harmless from all claims and damages arising out of the solicitation and award of the Vendor Contract and arising out of the transport, handling, or storage of the voting equipment attributable to the intentional, willful, or negligent acts or omissions of the County, its elected officials, employees, or agents. The County does not warrant, nor does it indemnify the Municipality for performance of or failure to perform by the Contract Vendor. Nevertheless, the County will pursue any and all rights it may have with respect to warranties, when requested by the Municipality or when necessary, to assure conformance with the intended use of the voting equipment. C. Municipal Tort Claims Act. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. For purposes of determining total liability for tort damages which may arise from this Agreement, the Parties are to be considered a single governmental unit. VI. STATE AUDIT Under Minn. Stat. § 16C.05, subd. 5, each Party’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six (6) years from the Expiration Date of this Agreement. VII. GOVERNMENT DATA PRACTICES For purposes of this Agreement, all data created, collected, received, stored, used, maintained, or disseminated by the Parties in the performance of this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and its implementing rules, as well as any other applicable State or Federal laws on data privacy or security. Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 37 of 57 5 Each Party shall provide the other Party with prompt notice of a breach of the security of data defined in Minn. Stat. § 13.055, subd. 1(a) or suspected breach of the security of data and shall assist in remedying such breach. Providing or accepting assistance does not constitute a waiver of any claim or cause of action for breach of contract. The Parties shall promptly notify each other when any third-party requests data related to this Agreement, the voting equipment, or the Vendor Contract. VIII. VENUE Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Dakota County, Minnesota. IX. TERMINATION A. The County will notify the Municipality if its Governmental Unit Share as stated in Appendix A is projected to increase. Small cities and townships that utilize mail balloting will not be subject to this Agreement. Otherwise, the Parties must mutually agree to terminate this Agreement in writing by the undersigned or their successors. B. Termination. This Agreement shall remain in effect until the occurrence of any one of the following events: a. Termination is necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. b. The Agreement entered into pursuant to Paragraph III(B) above has expired or has otherwise been terminated. c. Parties mutually agree to terminate Agreement. X. MISCELLANEOUS PROVISIONS A. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement, unless the void, invalid, or unenforceable provision substantially impairs the value of the entire Agreement with respect to either Party. B. Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Party and an assignment agreement, approved and executed by all Parties to this Agreement, or their successors in office. C. Amendments. Any amendment to this Agreement must be in writing and is not effective until approved and executed by all Parties to this Agreement, or their successors in office. Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 38 of 57 6 D. Waiver. If any Party fails to enforce any provision of this Agreement, such failure does not waive the provision or its right to enforce it. E. Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, is binding on any Party. F. Compliance with Laws. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement. [Remainder of Page Intentionally Left Blank] Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 39 of 57 7 IN WITNESS WHEREOF, the Municipality and the County have caused this Agreement to be executed on their behalf. COUNTY OF DAKOTA CITY OF By: Name: Title: Date: By: _____________________,Mayor or Designee Date: By: _____________________, Clerk or Designee Date: Approved as to form: Assistant County Attorney/Date File No. KS- /s/Tom Donely 05/16/2025 25-212 Tom Novak PSR Division Director Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Rosemount Jeff Weisensel Erin Fasbender Page 40 of 57 8 Appendix A: COST PROJECTIONS FOR INITIAL EQUIPMENT PURCHASE* *The information in this Appendix A is informational only and based on all Governmental Units identified in the chart executing a Cost Sharing Agreement and a total Purchase Price of $5,000,000. If one or more of these factors changes, the Municipal Share will likely increase. Voters Percentage Amount Dakota County 289,935 65% $ 3,250,000 Cities/Townships 289,935 30% $ 1,500,000 School Districts 289,935 5% $ 250,000 Municipality Share Voters % of Reg Voters Amount Annual Payback Apple Valley 35,995 12.4% $ 186,382 $ 37,276 Burnsville 37,579 13.0% $ 194,584 $ 38,917 Castle Rock Twp 998 0.3% $ 5,168 $ 1,034 Coates 98 $ - $ - Douglas Twp 536 0.2% $ 2,775 $ 555 Eagan 45,746 15.8% $ 236,873 $ 47,375 Empire 2,022 0.7% $ 10,470 $ 2,094 Eureka Twp 1,088 0.4% $ 5,634 $ 1,127 Farmington 14,909 5.1% $ 77,199 $ 15,440 Greenvale Twp 624 0.2% $ 3,231 $ 646 Hampton City 440 0.2% $ 2,278 $ 456 Hampton Twp 630 0.2% $ 3,262 $ 652 Hastings 15,061 5.2% $ 77,986 $ 15,597 Inver Grove Heights 23,212 8.0% $ 120,192 $ 24,038 Lakeville 49,329 17.0% $ 255,426 $ 51,085 Lilydale 802 0.3% $ 4,153 $ 831 Marshan Twp 882 0.3% $ 4,567 $ 913 Mendota City 148 0.1% $ 766 $ 153 Mendota Heights 9,119 3.1% $ 47,218 $ 9,444 Miesville 88 $ - $ - New Trier 62 $ - $ - Nininger Twp 631 0.2% $ 3,267 $ 653 Northfield 989 0.3% $ 5,121 $ 1,024 Randolph City 297 0.1% $ 1,538 $ 308 Randolph Twp 560 0.2% $ 2,900 $ 580 Ravenna Twp 1,738 0.6% $ 8,999 $ 1,800 Rosemount 18,686 6.5% $ 96,756 $ 19,351 Sciota Twp 340 0.1% $ 1,761 $ 352 South St. Paul 12,322 4.3% $ 63,803 $ 12,761 Sunfish Lake 435 0.2% $ 2,252 $ 450 Vermillion City 307 0.1% $ 1,590 $ 318 Vermillion Twp 918 0.3% $4,753 $ 951 Waterford Twp 395 0.1% $ 2,045 $ 409 West St. Paul 12,949 4.5% $ 67,050 $ 13,410 Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 41 of 57 9 ISD 191 33,351 11.5% $ 28,757 $ 5,751 ISD 192 24,434 8.4% $ 21,069 $ 4,214 ISD 194 37,762 13.0% $ 32,561 $ 6,512 ISD 195 1,603 0.6% $ 1,382 $ 276 ISD 196 108,067 37.3% $ 93,182 $ 18,636 ISD 197 30,660 10.6% $ 26,437 $ 5,287 ISD 199 18,833 6.5% $16,239 $ 3,248 ISD 200 20,498 7.1% $ 17,675 $ 3,535 ISD 252 129 0.0% $ 111 $ 22 ISD 659 2,337 0.8% $ 2,015 $ 403 SSD 6 12,261 4.2% $ 10,572 $ 2,114 Docusign Envelope ID: 06D06BC2-D210-4477-99E3-A7C159438EC3 Page 42 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Liquor License Renewals AGENDA SECTION: CONSENT AGENDA PREPARED BY: Sarah Saunders, Deputy City Clerk AGENDA NO. 6.e. ATTACHMENTS: APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve applications for renewal of Liquor Licenses as listed below for the period of July 1, 2025 through June 30, 2026 BACKGROUND The following businesses have submitted applications for the renewal of an Off-Sale Liquor License for the period of July 1, 2025 through June 30, 2026: Kwik Trip #697, 14810 South Robert Trail Off-Sale 3.2% Malt Top Ten Liquors, 15047 Crestone Ave Off-Sale Intoxicating Applicants were required to and have submitted proof of liquor liability and workers compensation insurance, renewal fees and the background investigation paperwork for the renewal. The Police Department conducted a background check on the applicants investigating any criminal history, law enforcement contacts and court records all which showed no convictions that would disqualify the applicant from renewing their license. The license fee for off-sale is $200 for off-sale intoxicating and $210 for off-sale 3.2% malt. RECOMMENDATION Staff recommends approving the applications for renewal of Liquor Licenses as stated. Page 43 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Interfund Loan for the Purchase of 14515 Dodd Boulevard AGENDA SECTION: CONSENT AGENDA PREPARED BY: Eric Van Oss, Economic Development Coordinator AGENDA NO. 6.f. ATTACHMENTS: Resolution APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the resolution Authorizing Interfund Loan for Advance of Certain Costs in Connection with the Purchase of Property BACKGROUND The former Speedway property was placed in a receivership that lasted for almost 3 years. During this time, the storage tanks were removed in late 2022, and the Minnesota Pollution Control Agency (MPCA) requested further environmental investigation and mediation. The MCPA released the site from further cleanup in the spring of 2024. This allowed the property to go to auction in December 2024, where it was ultimately retained by the mortgage lender and placed on the market in February 2025. Due to the site being vacant for over a year, non-conforming uses will no longer be allowed. This means the site cannot be a gas station as it is out of compliance with our new zoning standards. This site is along a highly visible corridor and has deteriorated to a significant degree. Staff is concerned that the site would attract marginal uses that would not complement the neighborhood, given the troubled past of this location. This site generated numerous complaints from residents over the 3-year foreclosure process and was a regular topic of frustration from neighbors. Given these concerns, and at the direction of the City Council and Port Authority, staff began an inquiry into acquiring the property and had an appraisal done in early March. The Port instructed staff to enter into negotiations with the broker at the April Port meeting. The site broker accepted the City's negotiated offer to purchase the property for $520,000. The purchase agreement was approved by the Port at the regular May meeting and the Port will close on this property on June 10th. The Port approved the Purchase Agreement on May 20. The Port is asking the City Council to approve an interfund loan to help finance part of this purchase. The interfund loan would advance $300,000 from the Water Fund. The resolution outlines the terms for the interfund loan and payback to the Water Fund. Upon closing, staff plan to move forward with demolition of the building to remove a neighborhood blight and prepare the site for future use. Staff plan to conduct a robust engagement process to facilitate redevelopment of the site. Community feedback and involvement will be key to determining next steps. Page 44 of 57 RECOMMENDATION Staff recommends the approval of the resolution. Page 45 of 57 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. ____ RESOLUTION AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH THE PURCHASE OF PROPERTY BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota (the “City”) as follows: Section 1. Background. 1.01. The Rosemount Port Authority (the “Port Authority”) has entered into an agreement to purchase parcel 34-03010-85-010 located at 14515 Dodd Boulevard pursuant to Minnesota Statutes, Sections 469.059, Subd 2. 1.02. The City of Rosemount (the “City”) has determined to pay for $300,000 of the site acquisition and other related costs (the “Acquisition Costs”), which costs will be financed on a temporary basis from City funds available for such purposes in order to finance expenditures. 1.03. Under Section 469.178, subdivision 7, the City is authorized to advance or loan money from the City’s general fund or any other fund from which such advances may be legally authorized in order to finance the Acquisition Costs. 1.04. The City will loan funds from its Water Funds, or any other fund designated by the City, to finance the Acquisition Costs (the “Interfund Loan”) in accordance with the terms of this resolution. Section 2. Interfund Loan Authorized. 2.01. The City hereby authorizes the advance of up to $300,000 from the Water Fund or other funds or so much thereof as may be paid as Acquisition Costs. The Port Authority shall reimburse the City for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 and Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4.0% and will not fluctuate. 2.02. Principal and interest (the “Payments”) on the Interfund Loan shall be paid annually on each December 31 (each a “Payment Date”) or on any other dates determined by the City Administrator. 2.03. The principal sum and all accrued interest payable under this Interfund Loan are prepayable in whole or in part at any time by the Port Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. Page 46 of 57 2 2.04. This Interfund Loan is evidence of an internal borrowing from the City to the Port Authority and is a limited obligation payable from available funds from the Port Authority. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of land sale proceeds, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. 2.05. The City may at any time make a determination to forgive the outstanding principal amount and accrued interest on the Interfund Loan to the extent permissible under law. 2.06. The City may from time to time amend the terms of this resolution again to the extent permitted by law, including without limitation amendment to the payment schedule and the interest rate; provided, however, that the interest rate may not be increased above the maximum specified in Section 469.178, subdivision 7 of the TIF Act. 2.07. City officials and consultants are hereby authorized and directed to execute any documents or take any actions necessary or convenient to carry out the intent of this resolution. Section 3. Effective Date. This resolution is effective upon approval. Adopted by the City Council of the City of Rosemount, Minnesota, this ___ day of ______________, 2025. Jeffery D. Weisensel, Mayor ATTEST: Erin Fasbender, City Clerk Page 47 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Accept Donation of Equipment for Fire Department AGENDA SECTION: CONSENT AGENDA PREPARED BY: Kip Springer, Fire Chief AGENDA NO. 6.g. ATTACHMENTS: APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the acceptance of donated equipment to the fire department by GearGrid worth an estimated value of $11,200.00. BACKGROUND Gear Grid recently updated their showroom and vendor show displays and would like to donate the previous display items to Rosemount Fire for use in the storage rooms at the fire stations. 1. Suffolk with doors, 1 flat shelf and hangbar 2. Mobile Tubular Frame Wall – 30” locker with doors, 36” locker 3. Adjustable shelf bay with freestanding custom frame 4. GearCart, ½ Hose Dryer, flat shelf, hangbar 5. Seattle 3-pack, doors, shelves 6. LA Drying Rack 7. Mobile Dive Locker Deluxe 8. Trade Show custom 3-pack, DT with doors, 24” locker, 30” locker 9. Mobile Tubular Frame Wall with 6 – 30” lockers. RECOMMENDATION Staff is recommending that the City Council approve the resolution as attached. Page 48 of 57 EXECUTIVE SUMMARY City Council Regular Meeting: June 3, 2025 AGENDA ITEM: Playground Proposals - Dallara Park AGENDA SECTION: NEW BUSINESS PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 9.a. ATTACHMENTS: Playground Proposals APPROVED BY: LJM RECOMMENDED ACTION: Motion to purchase playground equipment for the Dallara Park from Northland Recreation - Little Tykes. BACKGROUND The long-term Parks Maintenance Capital Improvement Plan includes funding for the replacement of the playground equipment at Dallara Park. The existing play equipment at Dallara Park was installed in 2001. A Request for Proposal (RFP) was sent out to playground firms for the project. The RFP included direction as to what age groups to provide equipment for and that the total project budget was $80,000. The neighborhood residents were invited to an open house and also provided an opportunity to weigh in online via the Parks and Recreation Department web page. The Youth Commission reviewed the plans on Wednesday, April 24 and the Parks and Natural Resources Commission reviewed the submittals on Monday, May 19. Should this project move forward, staff tentatively plans to have the existing equipment removed in early September and the new equipment installed in October. RECOMMENDATION Based on the review by the City Commissioners and the input received online from the neighborhood, staff is recommending City Council approve the purchase of playground equipment for Dallara Park from Northland Recreation - Likke Tykes. Page 49 of 57 Page 50 of 57 Page 51 of 57 Page 52 of 57 Page 53 of 57 Page 54 of 57 Page 55 of 57 Search Results from 06/04/2025 to 06/30/2025 ◄Return to Previous Main Calendar Central Park Community Concept Review Meeting June 12, 2025, 6:30 PM - 8:00 PM The City of Rosemount is in the early stages of exploring design concepts and is inviting the community to help shape the vision for the future of this prime gathering space. More Details Port Authority Meeting June 17, 2025, 6:00 PM - 7:00 PM More Details City Council Meeting June 17, 2025, 7:00 PM - 8:00 PM More Details CITY HALL CLOSED - Juneteenth June 19, 2025, All Day More Details Utility Commission Meeting June 23, 2025, 5:30 PM - 7:00 PM More Details Parks and Natural Resources Commission Meeting June 23, 2025, 7:00 PM - 8:00 PM More Details Planning Commission Meeting June 24, 2025, 6:30 PM - 7:30 PM More Details Youth Commission Meeting June 25, 2025, 3:45 PM - 4:45 PM More Details Public Safety in the Park June 26, 2025, 5:00 PM - 7:30 PM Join us at your neighborhood park for a great opportunity to connect with your public safety ocials! Be sure to bring the whole family, enjoy food, and get an up-close look at various public safety vehicles. This is a great opportunity to ask questions and get to know the people who help keep our community safe. More Details @ Steeple Center (Room 200) @ Central Park Select Language Translate Page 56 of 57 Main Calendar City Council Work Session Meeting July 1, 2025, 5:00 PM - 6:00 PM More Details City Council Meeting July 1, 2025, 7:00 PM - 8:00 PM More Details CITY HALL CLOSED - Independence Day July 4, 2025, All Day More Details Port Authority Meeting July 15, 2025, 6:00 PM - 7:00 PM More Details City Council Meeting July 15, 2025, 7:00 PM - 8:00 PM More Details Planning Commission Meeting July 22, 2025, 6:30 PM - 7:30 PM More Details Parks and Natural Resources Commission Meeting July 28, 2025, 7:00 PM - 8:00 PM More Details Su M Tu W Th F Sa 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 July 2025 Select Language Translate Page 57 of 57