BURNSVILLE CITY COUNCIL

Transcription

BURNSVILLE CITY COUNCIL
FINAL AGENDA - REGULAR MEETING
TUESDAY, SEPTEMBER 2, 2008 - 7:00 p.m.
BURNSVILLE CITY HALL
100 CIVIC CENTER PARKWAY
Mayor
Councilmembers
7:00 p.m.
Elizabeth Kautz
Charlie Crichton
Dan Gustafson
Dan Kealey
Liz Workman
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.
Announcements and Proclamations
2.
Citizen Comments
3.
Additions to the Final Agenda
CONSENT AGENDA
Approximate time:
7:05 p.m.
4A.
Consider Approval of Minutes.
B.
Consider Approval of Claims Listing.
C.
Consider Resolution Approving a Gambling Permit for the Burnsville Hockey Club to
Conduct Off-Site Gambling the Fire Muster - Bingo.
D.
Consider Resolution Ordering Preparation of Preliminary Report for the 2009 Street
Reconstruction/Rehabilitation Projects (09-101 & 09-102), 2009 Park Improvements (09401), 2009 Street Repair of Watermain and Contract Patching (09-302) and Intersection
Improvements (09-501).
E.
Consider Resolution Approving Cooperative Agreement with Mn/DOT for T.H. #13
Construction of Frontage Road and Soundwall Improvements (09-304).
F.
Consider Approval of Supplemental Agreement No. 1 for the Heart of the City Parking
Deck (08-314).
G.
Consider Approval of Supplemental Agreement No. 2 for the Heart of the City Parking
Deck (08-314)
H.
Consider Amendments to the Water Restriction Ordinance.
I.
Consider Approval for an Extension of the Final Plat for RIDGES NINTH ADDITION for
Prince of Peace Lutheran Church.
REGULAR AGENDA
7:10 p.m.
5.
Consider Resolution and Declaration to Rename Cam Ram Park to Kelleher Park.
7:20 p.m.
6.
Public Hearing – Consider Resolution Adopting Assessment for the 2008 Street
Reconstruction Project (08-101).
Final Agenda
September 2, 2008
2
7:40 p.m.
7.
Public Hearing – Consider Resolution Adopting Assessment for the 2008 Street
Rehabilitation Project (08-102).
7:55 p.m.
8.
Public Hearing – Consider Resolution Adopting Assessment for the 2008 Miscellaneous
Charges.
8:00 p.m.
9.
Public Hearing – Consider Resolution Adopting Assessments for the 2008 Streetscape
Operation and Maintenance.
8:05 p.m.
10.
Consider Approval of an Application for Revestors Group 7, LLC for a Planned Unit
Development Amendment for Construction of a Retail Building for AAA to be Located at
14300 Nicollet Court; and Consider Findings of Fact, Ordinance, and Amended Planned
Unit Development Agreement.
8:20 p.m.
11.
Consider Approval of the Updated Water Resources Management Plan.
8:35 p.m.
12.
Consider Approval of the Updated Comprehensive Wetlands Management Plan.
8:45 p.m.
13.
Miscellaneous.
14.
Adjournment.
“The City of Burnsville does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual preference, disability
or any other basis protected by law in the admission or access to, or treatment or employment in, its programs, activities, or services.”
To obtain this information in alternative forms such as Braille, large print, audio tape or qualified readers, please contact the City of
Burnsville. Telephone (952) 895-4490; TDD: (952) 895-4567.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item Number
09/02/2008
1
Council Meetings:
Tues., September 16, 7:00 p.m.
Tues., October 7, 7:00 p.m.
Worksession Meeting:
Mon., September 8, 6:30 p.m.
(Sm Community Rm – Moved due to Primary Election)
Governance Meeting:
CANCELLED - Tues, September 23
Special Worksession:
Wed., September 10, 4:30 p.m.
(Conf. Rm D – Canvas Election Results)
(Conf. Rm D - Advisory Board Interviews)
CITY OF BURNSVILLE
Regular Meeting Minutes
August 19, 2008
The City Council of the City of Burnsville met in regular session at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 19th day of August, 2008.
The meeting was called to order by Mayor Kautz at 7:00 p.m.
The Pledge of Allegiance was preceded by a moment of silence.
Present:
Absent:
1.
Crichton, Gustafson, Kautz, Workman
Kealey
Announcements and Proclamations.
Council Meetings:
Worksession Meeting: Mon., September 8, 6:30 p.m. (moved due to Primary Election)
Governance Meeting: CANCELLED - Tues, August 26
Special Worksession: Tues., August 26, 5:00 p.m. (Em. Mgmt Training)
Wed., September 10, 4:30 p.m. (Conf. Rm D – Canvas Election Results)
Tues., September 16, 5:30 p.m. (Conf. Rm D – Interviews)



2.
Announce National Night Out Food Drive Winner.
Announce National Night Out Photo Contest Winner – not available.
MRPA Award of Excellence for the Healthy City Recreation Programs
Citizen Comments.
No one appeared before the Council.
3.
Additions to the Final Agenda.
Motion by Gustafson, seconded by Workman, to add an item to the Final Agenda to consider
scheduling a Special Council Meeting for consideration of the 2009 maximum tax levy. Ayes –
Crichton, Gustafson, Kautz, Workman. Nays – None. Absent – Kealey. Motion carried.
CONSENT AGENDA
Motion by Workman, seconded by Crichton, that the following Consent Agenda items (listed as A–J) be
approved as presented. Ayes – Crichton, Gustafson, Kautz, Workman. Nays – None. Absent – Kealey.
Motion carried.
4A.
Consider Approval of Minutes.
Approved the City Council minutes of August 4, 2008 and the Worksession minutes of August 12,
2008 as submitted.
COUNCIL MINUTES
Regular Meeting
August 19, 2008
2
CONSENT AGENDA (continued)
4B.
Approved the listing of claims in the submitted amount of $4,872,244.85.
4C.
Consider Approval of Operating Manager for Exceptionally Good Hospitality Group Inc. dba
Kraemer’s Catering/AppleWood Rustic Grille, 1996-1998 E. Hwy. 13.
Approved Satia Pacotti as Operating Manager for AppleWood Rustic Grille, 1996-1998 E Hwy 13.
4D.
Consider Approval of Supplemental Agreement No. 5 for the Burnsville Performing Arts Center.
Approved Supplemental Agreement No. 5 with Lunch Martin Construction Inc. for an amount of
$31,027.
D-08-58
4E.
Consider Accepting Bid and Awarding Contract for the 2008 Lateral Drainage Modifications (08310), and 2008 Pond Clean Out Program (08-305) and Alimagnet Pond 1A Improvement (07-315).
Accepted bid and awarded contract for the 2008 Lateral Drainage Modifications (08-310), and 2008
Pond Clean Out Program (08-305) and Alimagnet Pond 1A Improvement (07-315) to Veit &
Company Inc. in the amount of $993,134.75.
4F.
Consider Accepting Bid and Awarding Contract for the HOC/CDA Parking Lot (08-104) and the
Burnsville Bowl Parking Lot Resurface (08-105).
Accepted bid and awarded contract for the HOC/CDA Parking Lot (08-104) and the Burnsville Bowl
Parking Lot Resurface (08-105) to McNamara Contracting Inc. in the amount of $329,945.77
4G.
Consider Accepting Bid and Awarding Contract for the Northeast Trail Connection (08-412).
Accepted bid and awarded contract for the Northeast Trail Connection (08-412) to Barber
Construction Company Inc. in the amount of $478,010.50.
4H.
Consider Receiving Report for Chase 2100 CUP 6 Month Review for Credit River Granite.
Received the report for Chase 2100 Conditional Use Permit 6 month review for Credit River Granite.
4I.
Consider Award of Contract for Seasonal Lighting in the Heart of the City for the 2008-09 Season.
Awarded the 2008-09 contract for the Heart of the City Seasonal Lighting Program to Custom
Christmas Lighting in the amount of $39,920.
3
COUNCIL MINUTES
Regular Meeting
August 19, 2008
CONSENT AGENDA (continued)
4J.
Consider Resolution Authorizing Execution of a Limited Use Permit with MnDOT for the Northeast
Trail Connection on Trunk Highway 13 (08-412).
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5700
RESOLUTION AUTHORIZING EXECUTION OF A LIMITED USE PERMIT WITH MnDOT
FOR THE NORTHEAST TRAIL CONNECTION ALONG TRUNK HIGHWAY 13 (08-412)
REGULAR AGENDA
5.
Public Hearing – Consider Approval of an On-Sale/Sunday On-Sale Liquor License for
Exceptionally Good Taste Hospitality Group, Inc. dba Kraemer’s Catering/AppleWood Rustic Grille
at 1996-1998 E. Hwy. 13.
A public hearing for an On-Sale/Sunday On-Sale Liquor License was conducted. The public hearing was
opened at 7:14 p.m.
The Mayor declared the public hearing closed at 7:14 p.m.
Motion by Workman, seconded by Crichton, to approve an On-Sale/Sunday On-Sale Liquor License for
Exceptionally Good Taste Hospitality Group, Inc. dba Kraemer’s Catering/AppleWood Rustic Grille at
1996-1998 E. Hwy. 13. Ayes – Crichton, Gustafson, Kautz, Workman. Nays – None. Absent – Kealey.
Motion carried.
6.
Public Hearing – Consider Resolution to Establish the Minnesota River Quadrant Project Area.
A public hearing to establish the Minnesota River Quadrant Project area was conducted. The public hearing
was opened at 7:20 p.m.
Motion by Crichton, seconded by Gustafson, to adopt the following resolution, which will become part of the
official records:
RESOLUTION APPROVING AN AMENDED AND RESTATED REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 1 AND MAKING FINDINGS REGARDING
MRQ PROJECT AREA IN ACCORDANCE WITH SPECIAL LEGISLATION
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Workman. Nays – None. Absent – Kealey. Motion
carried.
4
COUNCIL MINUTES
Regular Meeting
August 19, 2008
7.
Public Hearing – Consider Resolution Adopting Assessment Roll for South Trunk Highway 13
Frontage Road (07-104).
A public hearing for assessments was conducted. The public hearing was opened at 7:24 p.m.
The following person(s) addressed the Council: Tom Michaud, Dairy Queen, 1301 Highway 13 E
Motion by Gustafson, seconded by Crichton, to adopt the following resolution, which will become part of the
official records:
RESOLUTION ADOPTING ASSESSMENTS
FOR SOUTH TRUNK HIGHWAY 13 FRONTAGE ROAD (07-104)
carried.
8.
Public Hearing – Consider Resolution Adopting Assessment Roll for Judicial Road – from Valley
View Road to Woods Trail South (07-105).
A public hearing for assessments was conducted. The public hearing was opened at 7:39 p.m. No one
appeared before the Council.
The following person(s) addressed the Council: Dan Buchler, 2601 Wood Trail S.
Motion by Workman, seconded by Crichton, to adopt the following resolution, which will become part of the
official records:
FOR JUDICIAL ROAD (07-105)
carried.
9.
Public Hearing – Consider Resolution Adopting Assessment Roll for Valley View Drive – from
Judicial Road to Forest Park Heights (07-106).
A public hearing for assessments was conducted. The public hearing was opened at 7:48 p.m.
The following person(s) addressed the Council:
Bob Gutheer, representative for Paula Sakry, 2650Valley View Drive
Jerome Brastad, 3001 Valley View Drive
Nels Brastad, 2901 Valley View Drive
5
COUNCIL MINUTES
Regular Meeting
August 19, 2008
9.
Public Hearing – Consider Resolution Adopting Assessment Roll for Valley View Drive…
(continued).
Motion by Gustafson, seconded by Workman, to adopt the following resolution, which will become part of
the official records:
FOR VALLEY VIEW DRIVE (07-106)
carried.
10.
Consider Approval of an Application for iMetro Property Edina T & C, LLC for a PUD Amendment
to Allow an Event Center in the Towne & Country Shopping Center Located at 1901 East Cliff
Road; and Consider Findings of Fact, Ordinance and Amended Planned Unit Development
Agreement.
Council amended Condition #1 in the report and Condition A in the Amended PUD Agreement to:
All events held on Fridays and Saturdays containing more than 150 people that will be in operation
after 8:00 p.m. where alcohol is present shall be provided with a minimum of two professional
uniformed security personnel observing the tenant space and parking lot.
Motion by Crichton, seconded by Gustafson, to approve the Amended Planned Unit Development
Agreement for iMetro Property Edina T & C, LLC including the change indicated above; and adopt the
Findings of Fact and an Ordinance that will be published in the legal newspaper and become part of the
official records:
ORDINANCE NO. 1131
AN ORDINANCE AMENDING TITLE 10 OF THE BURNSVILLE CITY CODE,
BEING THE ZONING TITLE OF THE CITY OF BURNSVILLE
iMETRO PROPERTY EDINA T & C, LLC
CASE NO. 08-21
D-08-60
carried.
6
COUNCIL MINUTES
Regular Meeting
August 19, 2008
11.
Consider an Ordinance Amending Title 10 (Zoning) of the Burnsville City Code, Chapters 7, 19, 20,
21, 22, 22A, 23, 24, 25, 26, and 30A to Implement Findings of the Commercial/Industrial
Moratorium Study.
Motion by Gustafson, seconded by Workman, to adopt an Ordinance that will be published in the legal
newspaper and become part of the official records:
ORDINANCE NO. 1132
AN ORDINANCE AMENDMENT TO THE BURNSVILLE CITY CODE, TITLE 10
CHAPTERS 4, 7, 19, 20, 21, 22, 22A, 22B, 23, 24, 25, 26, 26A, 26B AND 30A TO
INCORPORATE PERFORMANCE STANDARDS, DEFINITIONS, GENERAL PROVISIONS,
REQUIREMENTS FOR BUSINESS AND INDUSTRIAL DISTRICTS AND USES GENERALLY
RELATED TO SCREENING, LIGHTING, NOISE, TRAFFIC, PARKING, PEDESTRIAN
CIRCULATION, STORM WATER MANAGEMENT, AND LANDSCAPING TO IMPLEMENT
FINDINGS OF THE COMMERCIAL/INDUSTRIAL MORATORIUM STUDY
CASE FILE NO. 08-23
Poll of Votes: Ayes – Gustafson, Kautz, Workman. Nays – None. Abstain – Crichton. Absent – Kealey.
Motion carried.
The Council meeting was recessed at 9:25 p.m.
12.
Regular Meeting of the Economic Development Authority (EDA).
A regular meeting of the Burnsville Economic Development Authority (EDA) was held.
The Council meeting was reconvened at 9:26 p.m.
13.
Miscellaneous – Special Meeting to Consider Establishing Maximum Tax Levy.
Motion by Gustafson, seconded by Crichton, to schedule a Special Council Meeting for Monday, September
8, 2008 at 5:30 p.m. to consider a resolution establishing the maximum tax levy for 2009. Ayes – Crichton,
Gustafson, Kautz, Workman. Nays – None. Absent – Kealey. Motion carried.
14.
Adjournment.
Motion by Workman, seconded by Gustafson, to adjourn the meeting at 9:30 p.m. Ayes – Crichton,
Gustafson, Kautz, Workman. Nays – None. Absent – Kealey. Motion carried.
______________________________________
Macheal Brooks, Deputy City Clerk
Approved by the City Council of the City of Burnsville this 2nd day of September, 2008.
_______________________________________
Elizabeth B. Kautz, Mayor
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date 9/2/08
Item number
consent 4B
_____ Clarification/Revision of Past Policy
______ Present Policy
_____ Previous Council Action ______ Council Theme
Housekeeping
ITEM
POLICY DECISION/ACTION TO BE CONSIDERED
It is recommended that the Council approve the Claims listing in the amount of $10,698,391.58.
ATTACHMENTS
Claims Listing
hb/eb
______
CITY COUNCIL
Claims Listing
Council Meeting: September 2, 2008
Claims Period: 8/15 - 8/28/08
Check / Wire
Date
CLAIMS PAID
08/15/08
08/15/08
08/15/08
08/18/08
08/19/08
08/19/08
08/20/08
08/21/08
08/21/08
08/22/08
08/22/08
08/22/08
08/22/08
08/22/08
08/22/08
08/25/08
08/25/08
08/25/08
08/26/08
08/27/08
08/27/08
08/27/08
08/28/08
63,344.30
2,043,078.20
123,955.74
39.17
18,222.11
2754.75
19,792.00
507.54
2,796.87
193,199.55
1,730,744.38
200.00
743.18
479.38
473.19
172,213.82
9,066.92
2,261.05
35,677.05
213.40
1,538.09
26,461.88
4,064.93
Total Claims
$ 4,451,827.50
PAYROLL
August 22, 2008
Gross Payroll
Employee Deductions
Net payroll
$ 942,212.95
(385,518.87)
$
$ 5,008,521.58
TOTAL CLAIMS AND PAYROLL
INVESTMENT PURCHASES
Stifel
Wells Fargo
US Gov't Securities
Money Market
556,694.08
7/17/08
8/14-8/27/08
1,004,870.00
4,685,000.00
TOTAL INVESTMENTS
$ 5,689,870.00
TOTAL CLAIMS REPORT
$ 10,698,391.58
Submitted by
Kelly Strey, Financial Accounting Director
* Claims detail available in the office of the CFO.
*
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
9/02/2008
4C
______ Housekeeping
ITEM
Consider Resolution Approving a Gambling Permit for the Burnsville Hockey Club to Conduct Off-Site
Gambling the Fire Muster - Bingo.
Adopt the resolution approving a permit for the Burnsville Hockey Club to conduct the bingo at the Fire
Muster, September 5-7, 2008.
FACTS
The Burnsville Hockey Club is licensed by the State to sell pull-tabs at Benchwarmer Bob's Sports Café,
Burnsville Bowl and Nina’s Grill. The State allows a licensed organization to conduct lawful gambling on
premises other than the organization’s permitted premises within a twelve day period for a community
celebration. The BHC is requesting that Council adopt the attached resolution approving an off-site gambling
activity at the Fire Muster to submit with their application, as required. Their site will be either in the beer tent
or in a tent adjacent to it.
All necessary documents have been received and reviewed and the permit fee has been paid. The Burnsville
Hockey Club meets all the requirements of the City’s gambling ordinance.
ATTACHMENT
Resolution
TMZ
RESOLUTION NO.
RESOLUTION APPROVING THE CONDUCT OF OFF-SITE GAMBLING
FOR THE BURNSVILLE HOCKEY CLUB, BINGO
BURNSVILLE FIRE MUSTER
WHEREAS, the Burnsville Hockey Club is a qualified organization licensed by the State
of Minnesota to sell pull-tabs at Benchwarmer Bob’s, Burnsville Bowl and Nina’s Grill and has
complied and promises to continue to comply with the provisions of Chapter 21, Title 3 of the
City Code; and
WHEREAS, the State allows a licensed organization to conduct lawful gambling on
premises other than the organization’s permitted premises within a twelve day period for a
community celebration; and
WHEREAS, the Burnsville Hockey Club has made or will make proper application to the
Minnesota Department of Gaming to conduct off-site gambling at the Burnsville Fire Muster
from September 5 - 7, 2008;
NOW THEREFORE, BE IT RESOLVED that a permit to conduct off-site gambling at
the Burnsville Fire Muster is hereby approved for the Burnsville Hockey Club.
Passed and duly adopted by the Council of the City of Burnsville this 2nd day of September 2008.
ATTEST:
CITY OF BURNSVILLE
ACTION:
X
Meeting Date
Item number
09/02/2008
4D
______ New Policy ______ Clarification/Revision of Past Policy ______ Present Policy
Required by Law
______
Housekeeping
ITEM
Consider Resolution Ordering Preparation of Preliminary Report for the 2009 Street
Reconstruction/Rehabilitation Projects (09-101 & 09-102), 2009 Park Improvements (09-401), 2009 Street
Repair of Watermain and Contract Patching (09-302) and Intersection Improvements (09-501).
Approve Standard Resolution A-1 ordering the preparation of the Preliminary Report for the above mentioned
projects.
FACTS
The City has considered the reconstruction or rehabilitation of certain roadways annually since 1990 based on
data compiled under the City’s Pavement Management Program (PMP) and from field verification by Public
Works and Engineering Department personnel.
A final determination of the scope of work regarding street reconstruction or rehabilitation, watermain
replacement, storm sewer upgrade and curb replacement will be made as part of the preliminary report
preparation. After completion of the report and prior to the Public Hearing, staff will hold neighborhood
meetings to receive input and comments from property owners impacted by the improvements.
The proposed financing for the 2009 Street Reconstruction/Rehabilitation Program will be made up of a
combination of Special Assessments, Infrastructure Trust Funds, Municipal State Aid Street Funds, Storm
Water Utility Funds and Water and Sewer Utility Funds. The preliminary report will identify an estimated level
of funding from each of these sources.
In the past, the City has organized a petition process to place streetlighting in street reconstruction
neighborhoods that did not already have street lighting. According to policy, 100% of the costs for
streetlighting are to be borne by the benefitting property owners and 50% of these properties must be in
favor of the streetlighting project to bring a streetlighting project to Council for consideration. Past
petitions have not come close to the necessary 50% approval requirement. This process has proven to
be time consuming and expensive for the City. Because of the time and expense along with the fact that
the City has never been close to reaching the amount of votes necessary, City staff plans to modify the process
to offer helping residents organize a petition if there is strong support in any one area instead of actively
pursuing streetlighting in neighborhoods.
RDP
G:\AGENDA\Engineering\2008\09-02\4D 2009 Recon and Rehab Report Prep 090208.doc
CITY OF BURNSVILLE
ACTION:
X
_____ New Policy
Required by Law
Meeting Date
Item Number
____ Previous Council Action _____ Council Theme
09/02/2008
4E
____ Housekeeping
ITEM
Consider Resolution Approving Request for Municipal Agreement with Mn/DOT for the TH 13 South Frontage
Road and Noise Wall, City Improvement Project 09-304.
ACTION TO BE CONSIDERED
Approve Resolution described above.
FACTS
•
•
•
•
•
•
•
•
•
•
•
•
In 2005, the Federal Government earmarked $2.4 million for preliminary work on the design of a new
interchange for TH 13 and CH 5 intersection.
On September 19, 2005, the City Council approved a contract with SEH Engineering to complete a
preliminary design and Environmental Assessment Worksheet (EAW) for a new interchange.
On December 14, 2005, an open house was held to receive public comments on 7 design options for
this new interchange.
In April 2006, meetings were held individually with commercial and industrial property owners in the
area of TH 13 and CH 5 to receive input on the design and discuss possible property purchases.
On May 2, 2006, an open house was held to receive public comment on the design option selected by
the Project Management Team.
On August 15, 2006, Staff provided an update on the project at a City Council Workshop.
On August 23, 2006, an open house was held on the proposed noise wall for the south side of TH 13.
On March 21, 2007, the City received the MnDOT Staff Approved Layout or approval of the
preliminary design.
On March 28, 2007, an open house/public hearing was held on the EAW.
On September 8, 2007, the Federal Highway Administration declared that the project EAW had a
Finding of No Significant Impact (FONSI).
The City recently received approval to begin using the Federal funds and offers have been made for two
properties that are total takes and are currently unoccupied.
Currently this project has a total cost estimate of approximately $27 million and remains unfunded
except for the previous Federal earmark.
The approved design for the proposed new interchange at TH 13 & CH 5 includes the linkage of the two
frontage roads on the south side of TH 13 and the closure of the two access points to TH 13. The design also
includes a noise wall on the south side of TH 13 stretching from the commercial properties near Interstate 35W
to the commercial properties clustered near CH 5, which provides some noise relief to the residential
neighborhood south of the proposed frontage road.
MnDOT operates a separate program which constructs noise walls in qualifying areas that are not located
within the project limits of funded major construction projects. The noise wall on the south side of TH 13 is in
the schedule within this program for 2018.
The MnDOT Municipal Agreement program provides funding to construction projects that are developed and
administered by local agencies and provide benefit to both the local community and the trunk highway system.
These funds are intended to pay for a portion of only the construction costs including construction engineering.
The applications require a City Council resolution and are due on September 15. The maximum amount of
Cooperative Agreement funding for a project is $594,000 including construction engineering.
The city’s proposed reconstruction project for 2009 includes roads south of this proposed frontage road.
DISCUSSION
The proposed South Frontage Road and Noise Wall project has an estimated project cost of $1.65 million. The
noise wall construction cost estimate is approximately $600,000. MnDOT has stated that they would repay the
cost of the noise wall in the scheduled year of 2018 through a separate Cooperative Agreement if the City
would upfront the cost. There is approximately $70,000 in right of way costs that would be eligible to be paid
from the Federal Funds designated for ROW. With the $594,000 in cooperative agreement funds, the City
would be responsible for approximately $380,000 of the project cost.
Staff felt that this project would assist this residential neighborhood by gaining separation from the TH 13 noise
and traffic currently using the frontage roads to access TH 13. Staff is proposing that next year’s reconstruction
project is the area south of this frontage road and this project would compliment that work in improving the
neighborhood.
If the project is not chosen for the Municipal Cooperative agreement funding program this round, the city
would not move forward with the project. (We will find out if this project is selected for funding in January
2009.) The action proposed to be taken tonight is only to approve the application.
Attachments
General Location Map
Resolution
HCO
G:\AGENDA\Engineering\2008\09-02\4E - Bkgrd Req Coop agr funds 9-2-08.doc
RESOLUTION NO.
APPROVING REQUEST FOR MUNICIPAL AGREEMENT WITH Mn/DOT
FOR the TH 13 SOUTH FRONTAGE ROAD AND NOISE WALL IMPROVEMENTS
CITY PROJECT No. 09-304
WHEREAS, the City of Burnsville has been planning improvements to improve the
CSAH 5 and TH 13 intersection; and
WHEREAS, the City has received approval for a MnDOT Staff Approved Layout for a
new interchange and frontage road system at TH 13 and CSAH 5; and
WHEREAS, said proposed improvements include extension of the south frontage road,
construction of a noise wall adjacent to this frontage road and closure of two access points to TH
13; and
WHEREAS, the estimated costs to complete the proposed improvements which are
composed of the south frontage road, noise wall and closure of two access points are $1.65
million; and
WHEREAS, the City of Burnsville is therefore requesting $550,000 in Municipal
Agreement funding and construction engineering for these improvements to the Mn/DOT trunk
highway system (TH 13); and
NOW, THEREFORE BE IT RESOLVED that the Burnsville City Council hereby requests
$550,000 plus construction engineering in funding from Mn/DOT through the Municipal
Cooperative Agreement program for the TH 13 South Frontage Road and Noise Wall
improvements, City Project No. 09-304.
Passed and duly adopted by the City Council of the City of Burnsville, Minnesota this 2nd day of
September, 2008.
___________________________________
ATTEST:
___________________________________
CITY OF BURNSVILLE
ACTION:
X
_____ New Policy
Required by Law
Meeting Date
Item Number
09/02/2008
4F
_____ Previous Council Action _____ Council Theme _____ Housekeeping
ITEM
Consider Approval of Supplemental Agreement No. 1 for the Heart of the City Parking Deck (08-314).
Approval of the Supplemental Agreement for the project described above.
FACTS
•
May 19, 2008 – City Council awarded the construction contract to Lund Martin for the Parking Deck.
Council is being presented with work order items for the Heart of the City Parking Deck. These changes
total $20,776, are listed below, and result in a new contract amount of $2,526,409.
PR #
1
Description
Grading/Utility Modifications, Structural Modifications,
Electrical/Lighting Modifications
Change Totals to Date
Work Order Amount
$20,776
$20,776
The project budget is still carrying a contingency that allows for anticipated, but unknown, changes to
the cost of construction. Additions to the contract amount will be absorbed in the project contingency.
The project is currently projected to be on budget with the contingency.
RECOMMENDATION
City staff recommends approving the supplemental agreement for the work order items described
above.
RDP
G:\AGENDA\Engineering\2008\09-02\4F Supplemental Agreement 1 Deck 090208.doc
CITY OF BURNSVILLE
ACTION:
X
_____ New Policy
Required by Law
Meeting Date
Item Number
09/02/2008
4G
______ Housekeeping
ITEM
Consider Approval of Supplemental Agreement No. 2 for the Heart of the City Parking Deck (08-314).
Approval of the Supplemental Agreement for the project described above.
FACTS
•
May 19, 2008 – City Council awarded the construction contract to Lund Martin for the Parking Deck.
Council is being presented with supplemental agreement item for the Heart of the City Parking Deck. This
requested change is $58,716, and will result in a new contract amount of $2,585,125 including
Supplemental Agreement 1 that is also on this agenda.
DISCUSSION
This item is different from the Supplemental Agreement 1 items, which include necessary items to
complete the project. This item would change the existing lower level parking area from a bituminous
(blacktop) surface to a concrete surface. This change will provide the City many advantages which include:
1) Concrete is generally expected to have a longer lifespan than asphalt, 2) Life cycle maintenance of a
concrete pavement will be easier and less expensive, 3) Concrete pavement is a more typical parking
structure type of pavement, i.e. bituminous pavement is not as prevalent in parking structures, 4) The white
color of the concrete will make the area feel safer, as light will reflect off of the surface creating a more
open feeling. Concrete pavement is generally accepted to provide a long term cost benefit compared to
asphalt due to its lower maintenance cost and longer replacement interval. The original plans included a
bituminous lower level surface to meet estimated budget costs at that time.
The budget is still carrying a contingency that allows for anticipated, but unknown, changes to the cost of
construction. If approved, this proposed addition to the contract amount will be absorbed in the project
contingency. The project is currently projected to be on budget with the contingency.
RECOMMENDATION
City staff recommends approving the supplemental agreement for the change to concrete pavement
described above.
RDP
G:\AGENDA\Engineering\2008\09-02\4G Supplemental Agreement 2 Deck 090208.doc
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
09/02/2008
4H
____ New Policy ____ Clarification/Revision of Past Policy _____ Present Policy
__X__ Required by Law ____ Previous Council Action ____ Council Theme ____ Housekeeping
ITEM
Consider Amendments to the Water Restriction Ordinance.
Consider amendments to the Water Use Restriction Ordinance, City Code Title7, Chapter 2, Section 17.
FACTS
The City Council Directed staff to make the following changes to the Water Use Restriction
Ordinance:
•
“No lawn or garden sprinkling or other irrigation shall occur between the hours of 11:00 am
and 3:00 pm daily from April 1 to September 30.” The end time was 4:00 pm and now is
changed to 3:00 p.m.
•
Paragraph No. 1 under (A) Permanent Restriction on Sprinkling states the odd/ even schedule.
It shall be amended to include a sentence: “Whenever there are 31 days in a month, the 31st day
is a day that both odd and even properties can water.”
Since there is not any definitive water system operation history with this arrangement at our present
population, staff is recommending that these two changes be evaluated after one operating season. If
approved, staff will bring the appropriate information to a City Council workshop to review this
ordinance change in late 2009.
Attachment
Ordinance
Hco
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 918
AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, SECTION 17 OF THE BURNSVILLE
CITY CODECONCERNING WATER USE RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS:
SECTION 1. City Code Title 7, Chapter 2, Section 17 is amended to read as follows:
7-2-17: WATER USE RESTRICTIONS; PENALTIES:
In order to protect the health, safety, and general welfare of the residents of Burnsville, the following regulations
shall apply:
(A) Permanent Restrictions on Sprinkling:
1. Use of the city water supply system for lawn or garden sprinkling or other irrigation shall be limited to
an odd-even schedule. Odd numbered addresses shall water only on odd numbered days. Even
numbered addresses shall water only on even numbered days. Multi-family residences, businesses with
multiple addresses, and properties without an apparent address shall water on odd-numbered days.
Whenever there are 31 days in a month, the 31st day is a day that both odd and even properties can
water.
2. No lawn or garden sprinkling or other irrigation shall occur between the hours of 11:00 a.m. and 4:00
3:00 p.m. daily from April 1 to September 30.
3. These permanent restrictions on sprinkling shall not apply to the watering of new seed or sod; new
landscaping; or any other plant materials that require daily watering, including but not limited to golf
greens and tees, and athletic fields with special soil conditions, plantings in pots and baskets, and
vegetable gardens.
4. Properties with automatic irrigation systems that cannot water the entire property within a single day
under the permanent restrictions may, after notifying the City in advance and upon approval by the City,
water half the property each day. The midday water restriction still applies to these properties.
(B) Definition: “Water Shortage” means the City's production of water is less than the consumption of water by
users so that the municipal water supply is less than the minimal levels necessary to adequately provide fire
protection for the City and potable water for the residents' drinking and sanitary needs.
(C) Water Shortage Determination: The City Council shall determine from time to time by resolution when
there is a water shortage within the City's Municipal water system. In case of emergency, the City Manager may
determine a water shortage exists and institute restrictions without a Council resolution; provided, that such a
determination and restrictions shall only be effective until the Manager determines the emergency has ended or
the next Council meeting, whichever occurs first. Depending upon the cause and severity of the shortage,
additional limitations may be placed on the use of water from the City water supply system for lawn and garden
sprinkling, irrigation, car washing, air conditioning, and other uses of water as specified by the City Manager's
notification.
Ordinance No 918
Page 2
(D) Notification of Water Shortage: Whenever a water shortage exists, the Manager may notify users of the
Municipal water system that additional use restrictions are being implemented. The notice shall be posted on the
City's bulletin board, may be published in a newspaper of general circulation within the City, and may be
broadcast by television and radio stations. The notice shall include the following information:
1. Uses of the Municipal water system which will be restricted.
2. Times during which the restrictions will apply.
3. Whether the use restrictions will be absolute or vary depending upon location or identification of
property.
4. When the restrictions will be implemented and when they will terminate.
5. Fees and Penalties for noncompliance.
(E) Fees and Penalties: One or more of the following may be imposed for violating water restrictions:
1. Fees for violating the permanent or temporary water restrictions shall be added to the water bill of the
offending property according to the following schedule:
First violation within a calendar year – warning only
Second violation within a calendar year –
$25.00
Third violation within a calendar year – $50.00
Fourth violation within a calendar year –
$100.00
Fifth violation within a calendar year – $250.00
SECTION 2. Effective Date: This ordinance shall be effective immediately upon its passage and publication
according to law.
ADOPTED this 3rd day of May 2004, by the City Council of the City of Burnsville.
BY:___________________________
ATTEST:
_______________________________
Susan P. Olesen, City Clerk
_
CITY OF BURNSVILLE
ACTION:
X
New Policy
Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
09/02/08
4I
Present Policy
Council Theme
Housekeeping
ITEM:
Consider Approval for an Extension of the Final Plat for RIDGES NINTH ADDITION for Prince of Peace
Lutheran Church.
POLICY DECISION/ACTION TO BE CONSIDERED:
Approve Extension of the Final Plat Filing Deadline.
STAFF RECOMMENDATION:
The RIDGES NINTH ADDITION is a replat of seven parcels in the Ridges Planned Unit Development (PUD)
into a four lot subdivision. The site is located east of Nicollet Avenue, north of Nicollet Boulevard, south of
McAndrews Road and west of Community Drive. Staff recommends approval of the request for a one year
extension (October 1, 2009), to file the final plat.
CITY COUNCIL ACTION / ISSUES:
The Plat was originally approved on October 1, 2007. Prince of Peace and Fairview Development submitted the
plat to simplify property descriptions and to accommodate the future land exchange between the two parties. No
physical construction is proposed, only reconfiguration of existing parcels and lot lines to facilitate the land
exchange.
At this time the applicant has requested an extension due to a change in church leadership and to allow the new
Pastor to have sufficient time to review the project and grant his permission to proceed. A letter from the
applicant outlining the extension request is attached.
The City’s Subdivision Ordinance specifies that final plats shall be filed with Dakota County within one year of
approval unless a request for time extension is submitted and approved by the City Council. The filing deadline is
not state statute requirement. The purpose for the filing deadline is to set a City imposed limit to keep projects on
track and to ensure that plats do not remain in “limbo” for years without being recorded.
PLANNING COMMISSION RECOMMENDATION: N/A
PLANNING COMMISSION SUGGESTIONS: N/A
LEGAL DOCUMENTS: N/A
ATTACHMENTS:
Exhibits (List):
Site Location Map
Letter from Prince of Peace
Final Plat
DG g/shared/agenda/cc/2008/Ridges 9th CC Report
Prince of Peace (Ridges Ninth Addition)
East of Nicollet Ave., North of Nicollet Blvd.,
South of McAndrews Rd., and West of Community Dr.
mm
R3C, PUD
ity
un
ve
Fairv
Dr i
iew C
Co
u r ve
McAndrews Road
R3C, PUD
Nicollet Boulevard
R3C, PUD
Prince of Peace (Ridges Ninth Addition)
.
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
File 07-19
CITY OF BURNSVILLE
Meeting Date
Item number
09/02/08
5
ACTION: ____ New Policy ___ Clarification/Revision of Past Policy ____ Present Policy
___ Required by Law ___ Previous Council Action ___ Council Theme _X_Housekeeping
PRESENTER
Terry Schultz, Parks & Natural Resources Director
ITEM
Consider Resolution and Declaration to Rename Cam Ram Park to Kelleher Park.
Consider approval of a Resolution and Declaration renaming Cam Ram Park to Kelleher Park in honor of Jim
Kelleher and the Kelleher family.
FACTS
The Mayor and City Council have requested that staff utilize existing policy to consider renaming Cam Ram
Park in honor of the Kelleher family. Per the city policy (Policy # 3.015) that establishes the guidelines for
naming of city parks and facilities, staff has worked with the Parks and Natural Resources Commission (PNRC)
to review and consider this name change and forward a recommendation to City Council.
The Kelleher Family was one of the early property owners and farming families in Burnsville Township. The
attached copy of the 1928 of Burnsville Township shows the Kelleher farmstead highlighted in yellow. Cam
Ram Park is highlighted in green. Although the land isn’t the same, it is located very near the family’s
farmstead.
The family has provided the following history showing its connection with Burnsville:
•
James Kelleher was born in County Cork, Ireland in 1822. He and his wife Anne (Foley) moved to
Burnsville in 1855. They had 8 children including Patrick W. Kelleher who was born in 1871.
•
Patrick married Josephine Fitzgerald, from Credit River, in 1909 and they had 4 children Mary Agnes
(Walsh), Helen E. (Loftus), Mary J. (Lynch) and James John Kelleher. The land as shown on the
attached 1928 map was owned by Pat Kelleher.
•
Pat’s son James John (Jim) Kelleher married Helen A. Riley of Savage in 1940 and they had 3
children Tom (Burnsville), Kevin (Toronto), Mary Pat (Gaston) Kelleher (Edina).
•
James John (Jim) Kelleher has played a significant role in Burnsville Township. He farmed the land
until the early 70’s. In addition to farming the land, Jim was active in the community. He was a
Burnsville Township supervisor and a member of its planning board. He was on the school board from
1947 until the late 1960’s helping take Burnsville from a system of 3 one room school houses to present
day’s Independent School District 191. After selling the farm, Jim worked for ISD 191 as the Buildings
and Grounds Supervisor until his retirement. He was on the board at St. John the Baptist Catholic
Church in Savage and a member of the Knights of Columbus. Before and several years after retirement,
Jim and Helen were very active members of the Burnsville Lions Club. It is Jim’s long service to the
community that is at the heart of this request, although the naming would be in honor of the whole
family.
•
The land that actually became Cam Ram Park was owned by the Foley family. Anne Foley married
James Kelleher, Jim Kelleher’s grandfather, and there may be a family connection via marriage to the
actual land in Cam Ram Park.
The park gets its current name from a combination of the names of the adjacent mobile home parks: Camelot
Acres and Rambush Estates. Staff is not certain when it originally received this name but knows that it has had
this name since at least 1982.
The PNRC reviewed and discussed the name change at four separate meetings earlier this year. Information
regarding the potential name change was also sent out to the newspapers and placed on the City’s webpage.
Staff and the PNRC did not receive any feedback on the proposed name change throughout the process.
Minutes from the PNRC meetings are attached for Council’s review. The PNRC unanimously recommended
that City Council approve the renaming of Cam Ram Park to Kelleher Park at their July 7th, 2008 meeting.
Attached is a Resolution and Declaration that Council is asked to approve formalizing the renaming of Cam
Ram to Kelleher Park. Jim Kelleher and other members of the Kelleher family will be present at the meeting for
this item. If Council approves this item it is recommended that the Mayor read the Resolution, along with the
Declaration, and presents them to the Kelleher family on behalf of the City Council in recognition of this
momentous occasion.
ISSUES
Staff is not aware of any issues related to this item.
ATTACHMENTS:
•
•
•
•
TLS
PNRC Minutes 4/1/08, 5/6/08, 6/2/08, 7/7/08
Policy #3.015 – Guidelines for Naming of City Parks
Map – Burnsville 1928
Renaming Resolution/Declaration
BURNSVILLE PARKS AND NATURAL RESOURCES COMMISSION
WORKSESSION MINUTES
April 1st, 2008
The Commission discussed the potential renaming of Cam Ram Park in honor of the Kelleher
Family. The Kelleher family owned property in what became the City of Burnsville as early as
1855, and farmed the land for several generations. Jim Kelleher, the grandson of the original
settler, was extremely active in the township of Burnsville and on the school board of what
eventually became ISD 191. He was also very active in local service organizations.
The consensus of opinion among Commissioners was that the current name of the park, Cam
Ram, did not have much appeal and could certainly benefit by a change. The name Kelleher did
appeal to some Commissioners, although some wondered whether this renaming might result in
other requests.
Concern was expressed that since the City already has a Keller Lake Park, that also having a
Kelleher Park might be confusing. It was pointed out that most name confusion occurs with
athletic field use, and since Cam Ram Park has only one athletic field and Keller Lake Park has
none, that this probably wouldn’t be a significant source of confusion.
The potential of renaming of Cam Ram Park will be placed on the Commission’s next regular
agenda. Staff was also asked to get the word out to the public about the potential renaming
through the City’s webpage and articles in the newspaper.
Since this was a worksession and in accordance with the City’s Park and Facility Naming Policy,
no formal action was taken.
PNRC MINUTES
May 6th, 2008
Discuss Renaming of Cam Ram Park to Kelleher Park
Randy Oppelt gave a brief background of the renaming Cam Ram Park to Kelleher Park.
The Kelleher family was one of early farming families to move into Burnsville in 1855, they
farmed the area for three generations; Jim Kelleher was one of the last generations to farm
the area, he was the township supervisor, a member of the planning commission and served
on the school board. The Kelleher family owned the land located next to the park. As
outlined in the park naming policy, this item can be considered by the Commission over the
course of up to three meetings. Oppelt noted that last month the Commission discussed the
renaming of Cam Ram Park in a Worksession setting; this is the second time this item is
being brought to the Commission for consideration. City Council is looking for direction
from the PNRC.
Eric Spieler wondered about the cost to modify City maps and change the signs. Oppelt
stated that the maps are updated on an annual basis and the cost for a new sign is minimal;
the sign would be done by City staff at the maintenance facility.
Steuber wanted to know if the public needed to be notified or asked to comment about the
name change.
Oppelt stated that the policy does not specifically state that the public be notified, but it has
been on the city web site and listed in the local papers; no comments have been received.
Pat Arnold wondered if Cam Ram Park or Keller Lake Park has any ball facilities where
there may be confusion with folks that come to watch or play games.
Oppelt said that Keller Lake Park does not have any athletic fields. Cam Ram Park,
proposed Kelleher Park, has a soccer/softball field combination.
Hughes noted that Keller Lake Park is a small park on the north side of Keller Lake with a
walking path and a playground. Oppelt added that it was a small park used mostly by the
surrounding neighborhood, not specifically a park one would drive to.
Hughes suggested bringing this to the next meeting so Rhonda Rezac would have a chance to
voice her opinion. Hughes noted that she emailed him with the following concern; will there
be confusion between Keller Lake Park and the renaming of Cam
Ram to Kelleher Park. Rezac suggested renaming the park to Foley Park. Foley is another
name within the same family.
Item tabled until next month, no formal action taken at this time.
PNRC MEETING SUMMARY
June 2nd, 2008
Consider Recommendation – Renaming of Cam Ram Park to Kelleher Park
Terry Schultz noted this is the third time this item is being brought before the PNRC.
Typically the Commission would formulate a recommendation at this meeting, however,
since there is not a quorum a formal recommendation can not occur. Schultz did suggest that
because it was Commissioners Hughes’ and Stewart’s last meeting they may want to offer
their opinions for the record. Staff has not received any feed back from the public on the
proposed name change.
Schultz noted that at the last meeting it was brought up by one Commissioner that there could
potential confusion by park users if the City had a Keller Lake Park and a Kelleher Park in
the system. On a map Schultz pointed out where the two parks are located, and shared the
amenities located in each park, noting that the amenities are quite different in the two parks.
Hughes noted that there are other park names that are similar in name:
• Crystal Beach and Crystal Lake West
• Highland Forest Park – Highland View Park
Hughes felt that having a similar name (Keller Lake Park – Kelleher Park) should not present
a problem. Hughes also liked the idea of recognizing the founding family; the Kelleher
family, which has been very involved in the community. Hughes supports renaming the park
to Kelleher Park.
Stewart felt the name “Cam Ram Park” did not hold any significance, renaming the park to
Kelleher Park would be a nice way to honor that family.
No formal action taken.
PNRC MINUTES
July 7th, 2008
Consider Recommendation – Renaming Cam Ram Park to Kelleher Park
Terry Schultz, Director of Parks & Natural Resources, City of Burnsville, gave a
presentation and reminded the Commission that this item was brought before them on
three previous occasions. Staff has not received any feedback from the public regarding
the proposed name change. Prior conversations were brought up regarding potential
confusion for park users if the city has both a Keller Park and Kelleher Park. Also, the
idea of renaming the park to Foley Park was discussed at the earlier Commission
meetings.
The meeting was opened for Public Comment. No Public Comments were received.
Motion by Nachman, second by Spieler to recommend that City Council rename Cam
Ram Park to Kelleher Park.
Ayes – Steuber, Spieler, Rezac, Nachman, Fitchett
Nays – None
Motion Carried
RESOLUTION NO. 08RESOLUTION RENAMING CAM RAM PARK AS KELLEHER PARK
WHEREAS, Jim Kelleher and the Kelleher Family have given significant support to
Burnsville, and
WHEREAS, Jim’s long service to the community is at the heart of this renaming, and
WHEREAS, James Kelleher and his wife Anne Foley, Jim’s grandparents, moved to
Burnsville in 1855, and
WHEREAS, James and Anne were one of the early property owners and farming families
in Bursnsville, and
WHEREAS, Jim farmed this land adjacent to Cam Ram Park, originally owned by his
parents Patrick Kelleher and Josephine Fitzgerald, until the early 1970’s, and
WHEREAS, Jim was active in the community and played a significant role in shaping
Burnsville township as the Township’s supervisor and a member of the planning board, and
WHEREAS, Jim was on the school board from 1947 until the late 1960s helping to take
Burnsville from a system of three one-room school houses to present day Independent School
District 191, and
WHEREAS, Jim worked for ISD191 as the Buildings and Grounds Supervisor until his
retirement, and
WHEREAS, before retirement, and for several years thereafter, Jim and his wife Helen
were active members of the Burnsville Lions Club and Jim served on the board of both the
Knights of Columbus and the St. John the Baptist Catholic Church;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burnsville that Cam
Ram Park be named from this day forward Kelleher Park because of the Kelleher Family’s
outstanding community engagement and for having made significant contributions to Burnsville
for many generations.
Attest:
Macheal Brooks, Deputy Clerk
The City Council of the City of Burnsville declares Cam Ram Park,
the City’s third largest park located at 14951 Burnsville Parkway,
be named from this day forward Kelleher Park
Jim Kelleher and the entire Kelleher Family have given significant support to Burnsville
and Jim’s long service to the community is at the heart of this renaming. Jim’s
grandparents, James Kelleher and Anne Foley, were one of the early property owners
and farming families in Burnsville dating back to 1855. Jim farmed the land adjacent to
Cam Ram Park, originally owned by his parents Patrick Kelleher and Josephine
Fitzgerald, until the early 1970’s. He was also active in the community and played a
significant role in shaping Burnsville Township as the Township’s supervisor and a
member of the planning board. Jim was on the school board from 1947 until the late 1960s
helping to take Burnsville from a system of three one-room school houses to present day
Independent School District 191. He then worked for ISD191 as the Buildings and Grounds
Supervisor until his retirement. Before retirement, and for several years thereafter, Jim
and his wife Helen were active members of the Burnsville Lions Club and Jim served on
the board of both the Knights of Columbus and the St. John the Baptist Catholic Church.
Exemplifying outstanding community engagement and having made significant
contributions to Burnsville for many generations - It is with great respect that we name
this park in honor of Jim Kelleher and the Kelleher Family
on this 2nd day of September, 2008.
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
09/02/2008
6
_____ Clarification/Revision of Past Policy___ Present Policy
__X___ Required by Law _____ Previous Council Action______ Council Theme ______Housekeeping
PRESENTER
Ryan Peterson, Assistant City Engineer
ITEM
Public Hearing - Consider Resolution Adopting Assessments for the 2008 Street Reconstruction Project (08-101).
The 2008 Street Reconstruction project is proposed to be assessed requiring a Public Hearing. Prior to the
completion of the Public Hearing, any property owner wishing to object to their assessment must file a signed
written objection, or they waive their right to appeal. The City Council is required to approve a resolution
adopting the assessment roll, either as submitted or as revised.
FACTS
•
At the August 4, 2008 Council meeting, the Council adopted a resolution declaring the costs to be assessed
and call for a public hearing .
•
Notice of the Assessment Hearing has been mailed to each of parcels identified for assessment. The notice
declares the exact amount of the assessment as well as details on the property owner’s rights to object to the
amount to the City Council.
•
The completion date for the assessment process is October 31, 2008. On that day, the assessments must be
certified to the county auditor. That action must be preceded by a 30-day period during which those being
assessed may pay the assessments in full without interest.
•
The proposed assessments total is $862,870. Discussion of the financing on the project is attached and will
be presented at the public hearing. Detailed assessment rolls are available from the Engineering
Department.
ISSUES
Each year as part of the assessment process, a resume is prepared listing the various projects proposed to be
assessed. Attached is a copy of the Resume for this project. Staff will provide a brief explanation of the work
along with the proposed assessment amounts.
If an assessment objection is received, staff may have an immediate response to individual comments, or in some
circumstances, the objection should be received and referred to the staff for investigation. The uncontested
portion of the assessment roll should be adopted. If the City Council feels the objections cannot be addressed
immediately, a report will be presented to Council on all objections at the next Council meeting which is
scheduled for September 16th. Council must adopt the remaining assessment roll at that time in order for the
process to stay on schedule.
Page Two
Agenda Background Item No. 6
September 2, 2008
ASSESSMENT OBJECTIONS
Objections may be filed up to and at the Public Hearing. At the time of this submittal, one written objection has
been filed. The objection is from Marian Schweich questioning why the City doesn’t budget for these costs. The
letter has been included for Council’s consideration. Marian Schweich needs clarification on how the City
finances their projects. She is over the age of 65 years but she doesn’t qualify for assessment deferment since her
assessment is below $400.00.
Staffs recommendation – this assessment is consistent with our policy and one that property owners have been
assessed in the past.
If any other written objections are received in the interim prior to the Council meeting, they will be provided to
the Council at the Public Hearing. Staff comments and recommendations will also be provided at the Public
Hearing.
ATTACHMENTS:
Financing Summary
Resume
1 Assessment Objection
Bb
G:\shared\agenda\eng\2009\09-02-08\ph-assmt. Recon
PROJECT FINANCING SUMMARY
FOR
2008 STREET RECONSTRUCTION
City Project No. 08-101
Assessment Hearing 09/02/08
PROJECT
2008 STREET
RECONSTRUCTION
PROJECT 08-101
Total
ITEM/FUND
Assessments
Infrastructure Trust Fund
Storm Water Utility
Sewer/Water Utility
Park Renovation
ESTIMATES
OF FINAL COSTS
$862,000
$2,074,000
$470,000
$2,400,000
$200,000
$6,006,000
CITY OF BURNSVILLE, MINNESOTA
ENGINEERING DEPARTMENT
RESUME OF ASSESSMENT
FOR
2008 STREET RECONSTRUCTION
CITY PROJECT 08-101
September 2, 2008
2008 STREET RECONSTRUCTION IMPROVEMENT 08-101:
TYPE OF IMPROVEMENTS & GENERAL LOCATION:
The 2008 Street Reconstruction (08-101) consists of utility improvements and the reconstruction of
curb and gutter, watermain and sanitary sewer replacement and repair, and bituminous pavement on
Dana Drive, Penn Avenue, Oliver Avenue, River Woods Lane, Country Wood Drive, 31st Avenue,
Territorial Drive. Bluff Court, 19th Avenue, Woods Lane, Zebulon Pike Avenue, Territorial Court,
Tamarack Lane, Sibley Drive, Sibley Court, 114th Street East, Valley Court, Galtier Drive, Galtier
Court, Christensen Court, 26th Avenue, Scout Circle, Explorer Court, Radison Drive.
TOTAL PROJECT COST:
$6,006,000
PROPOSED ASSESSMENT: $862,870
LENGTH OF ASSESSMENT: 1 -15 Years
ADDITIONAL COMMENTS:
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
09/02/2008
7
PRESENTER
Ryan Peterson, Assistant City Engineer
ITEM
Public Hearing - Consider Resolution Adopting Assessments for the 2008 Street Rehabilitation Project (08-102).
The 2008 Street Rehabilitation project is proposed to be assessed requiring a Public Hearing. Prior to the
completion of the Public Hearing, any property owner wishing to object to their assessment must file a signed
written objection, or they waive their right to appeal. The City Council is required to approve a resolution
adopting the assessment roll, either as submitted or as revised.
FACTS
•
and call for a public hearing.
•
•
•
The proposed assessments total is $307,000. Discussion of the financing on the project is attached and will
be presented at the public hearing. Detailed assessment rolls are available from the Engineering
Department.
ISSUES
Page Two
Agenda Background Item No.7
September 2, 2008
Objections may be filed up to and at the Public Hearing. At the time of this submittal, no objections have been
files. If any other written objections are received in the interim prior to the Council meeting, they will be
provided to the Council at the Public Hearing. Staff comments and recommendations will also be provided at the
Public Hearing.
ATTACHMENTS:
Financing Summary
Resume
Bb
G:\shared\agenda\eng\2009\09-02-08\ph-assmt. Rehab
FOR
2008 STREET REHABILITATION
City Project No. 08-102
PROJECT
2008 REHABILITATION
PROJECT
08-102
Total
ITEM/FUND
Assessments
Infrastructure Trust Fund
Storm Water Utility
Sewer/Water Utility
MSA
ESTIMATES
OF FINAL COSTS
$307,000
$311,000
$73,000
$60,000
$510,000
$1,261,000
FOR
2008 STREET REHABILITATION
CITY PROJECT 08-102
September 2, 2008
2008 STREET REHABILITATION IMPROVEMENT 08-102:
The bituminous pavement is rehabilitated using the mill and overlay method, curb and gutter,
sidewalk replaced where warranted. This year’s projects included the areas of Portland Avenue,
122nd Street East, and Burnhaven Drive.
TOTAL PROJECT COST:
$1,261,000
PROPOSED ASSESSMENT: $307,000
ADDITIONAL COMMENTS:
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
09/02/2008
8
PRESENTER
Bud Osmundson, Public Works Director/City Engineer
ITEM
Public Hearing - Consider Resolution Adopting Assessments for Miscellaneous Charges.
The miscellaneous charges are proposed to be assessed requiring a Public Hearing. Prior to the completion of the
Public Hearing, any property owner wishing to object to their assessment must file a signed written objection, or
they waive their right to appeal. The City Council is required to approve a resolution adopting the assessment
roll, either as submitted or as revised.
FACTS
•
and call for a public hearing.
•
•
•
The proposed assessments total is $10,337. Discussion of the financing on the project is attached and will be
presented at the public hearing. Detailed assessment rolls are available from the Engineering
Department.
ISSUES
Page Two
September 2, 2008
Objections may be filed up to and at the Public Hearing. At the time of this submittal, no written objection has
been filed.
Hearing.
ATTACHMENTS:
Financing Summary
Resume
Bb
G:\shared\agenda\eng\2009\09-02-08\ph-assmt. mis
FOR
2008 MISCELLANEOUS CHARGES
PROJECT
MISCELLANEOUS
CHARGES
Total
ITEM/FUND
Assessments
ESTIMATES
OF FINAL COSTS
$10,337
$10,337
FOR
2008 MISCELLANEOUS CHARGES
September 2, 2008
2008 MISCELLANEOUS CHARGES:
The miscellaneous assessments fall under different categories such as weeds, driveway
replacements, sewer charges and various agreements where waivers have been signed.
TOTAL PROPOSED ASSESSMENT: $10,337
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
09/02/2008
9
PRESENTER
Bud Osmundson, Public Works Director/City Engineer
ITEM
Public Hearing - Consider Resolution Adopting Assessments for 2008 Streetscape Operations and Maintenance.
The Streetscape Operation and Maintenance charges are proposed to be assessed requiring a Public Hearing.
Prior to the completion of the Public Hearing, any property owner wishing to object to their assessment must file
a signed written objection, or they waive their right to appeal. The City Council is required to approve a
resolution adopting the assessment roll, either as submitted or as revised.
FACTS
•
and call for a public hearing .
•
•
•
The proposed assessments total is $89,348. Discussion of the financing on the project is attached and will be
presented at the public hearing. Detailed assessment rolls are available from the Engineering
Department.
ISSUES
Page Two
September 2, 2008
Objections may be filed up to and at the Public Hearing. At the time of this submittal, no written objection has
been filed.
Hearing.
ATTACHMENTS:
Financing Summary
Resume
Bb
G:\shared\agenda\eng\2009\09-02-08\ph-assmt.Streetscape
FOR
2008 STREETSCAPE OPERATION & MAINTENANCE
HOC AND
BURNSVILLE PARKWAY/NICOLLET AVENUE
PROJECT
2008 STREETSCAPE
OPERATION &
MAINTENANCE
Total
ITEM/FUND
Assessments
ESTIMATES
OF FINAL COSTS
$89,348
General Fund
$195,929
$285,277
FOR
2008 STREETSCAPE OPERATION AND MAINTENANCE
FOR NICOLLET/BURNS. PKWY.
&
HEART OF THE CITY
September 2, 2008
2008 STREETSCAPE OPERATION & MAINTENANCE FOR HEART OF THE CITY
AND NICOLLET AVENUE AND BURNSVILLE PARKWAY:
The streetscape improvements including the maintenance of the irrigation systems, concrete
pavers, and colored concrete sidewalks, lantern-type streetlights, streetlight banners and flower
baskets, and boulevard/median turf, trees and shrubs.
TOTAL PROJECT COST:
$285,277
PROPOSED ASSESSMENT: $89,348.00
LENGTH OF ASSESSMENT: 1 Year
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
New Policy
X Required by Law
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
09/02/2008
10
Present Policy
Housekeeping
PRESENTERS:
Chris Slania, Planner
Quinn Hutson, CNH Architects
ITEM:
Consider Approval of an Application for Revestors Group 7, LLC for a Planned Unit Development Amendment
for Construction of a Retail Building for AAA to be Located at 14300 Nicollet Court; and Consider Findings of
Fact, Ordinance, and Amended Planned Unit Development Agreement.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact and Ordinance, and Approve the Planned Unit Development Agreement
STAFF RECOMMENDATION: N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission reviewed the application on August 25, 2008, and held the public hearing. The
Commission considered the reduced drive through stacking to be reasonable based on the intended use of the
proposed building and traffic demands. The Commission also discussed the location of the trash enclosure and
supported the deviation.
Prior to the Planning Commission meeting the applicant had expressed concerns with the visibility of the
proposed monument sign with staff’s recommendation to move it further west. As a compromise staff
recommended a deviation to allow a third wall sign on the north side of the building with a condition prohibiting a
freestanding sign for the new building. The amount of signage is within the ordinance requirements however a
single tenant building is limited to two wall signs rather than three. The Commissioners were supportive of the
wall signage to reduce the monument signs within the site and revised condition number three accordingly.
The Commission also discussed the proposed parking configuration and handicap stalls. The Commissioners
added a fourth condition requiring the applicant to revise the site plan to provide one handicap accessible space
and one standard stall directly in front of the main entrance for increased convenience to the building.
No one from the public spoke at the public hearing. The four conditions as recommended by the Planning
Commission are detailed below.
PLANNING COMMISSION RECOMMENDATION:
On August 25, 2008 the Planning Commission voted 5 - 0 to recommend approval of the request for a Planned
Unit Development amendment to allow construction of a new building located at 14300 Nicollet Court with the
following conditions:
September 2, 2008
Revestors Group 7, LLC
Page 2
1. The applicant shall provide documentation from Dakota County of the lot combination prior to release of
the building permit.
2. To ensure proper stacking and site circulation restaurants, coffee shops or other food service use shall not
be permitted within the 4,200 sq. ft. building without addressing the drive through stacking or amending
the PUD.
3. Due to the addition of wall signage on the north side of the building a separate freestanding sign is not
permitted for the 4,200 sq. ft. building.
4. The applicant shall revise the site plan to provide one handicap accessible space and one standard stall
directly in front of the main entrance on the west end of the building.
PLANNING COMMISSION SUGGESTIONS: N/A
LEGAL DOCUMENTS:
City Council conditions of approval shall be incorporated into the following legal documents:
Development Contract (Plat)
Combined Dev. Contract/PUD Agreement
PUD Agreement
Amended PUD Agreement
PUD Release
Other Legal Documents (List):
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
Amended Interim Use Permit
ATTACHMENTS:
(8/25/08) P.C. Report & Packet
(8/25/08) Unapproved P.C. Minutes
(__/__/__) PNRC Report
(__/__/__) Unapproved PNRC Minutes
(__/__/__) HOC DRC Report
(__/__/__) Unapproved HOC DRC Minutes
Findings of Fact
Minnesota Statutes
Other Exhibits :
CS
G:\PLANNING\AGENDA\CC\2008\09-02-08\Revestors\Revestors CC report.docx
Ordinance
Ordinance Summary
Resolution
Variance
Revestors Group
14300 Nicollet Court
Zoned: B3, PUD
ty
Ro
ad
ll e t
B3, PUD
I-
E
5
3
B1
.
42
C t.
I-35W
un
N ic o
B3, P UD
Co
B1
R1, PUD
Revestors Group
File 08-22
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
North
RevestorsGroup
R
t
G
Pictometry
Site
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
8/25/2008
3
08-22
PRESENTERS:
Chris Slania, Planner
Quinn Hutson, CNH Architects
ITEM:
Public Hearing – Revestors Group 7, LLC – Application for a Planned Unit Development Amendment for
Construction of a Retail Building for AAA to be Located at 14300 Nicollet Court.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted To:
July 2, 2008
August 31, 2008
October 30, 2008
BACKGROUND/OVERVIEW:
The property owner, Revestors Group 7, LLC, has requested approval of a Planned Unit Development amendment
to allow construction of a new 4,200 sq. ft. building on the property located at 14300 Nicollet Court. The site is
located between I-35W and I-35E, south of County Road 42. The proposed building is located in the northeast
corner of the site visible from County Road 42 and Nicollet Court. The owner will construct the building and lease
the space to the American Automobile Association (AAA) for use as a retail / customer service center.
Office and retail are permitted uses within the B-3 District however there is a building existing on the site and a
PUD Amendment (or Conditional Use Permit) is required to allow two principal structures on the site. The subject
site and surrounding properties are zoned B-3, PUD (General Business, Planned Unit Development). The subject
site is designated as General Business in the Comprehensive Plan.
HISTORY:
The property was platted in 1980 as part of the Golden Triangle subdivision and original PUD approval. The
existing building was constructed in 1981. In 1987 the PUD was amended for hotel and restaurant development
with the Golden Triangle.
Since construction the building has been located on two separate lots with the parking and drive areas on three
parcels (Lots 1, 2, 3 Block 1, THE GOLDEN TRIANGLE). As part of the application the owner has agreed to
combine the parcels through a Waiver of Subdivision. The lot combination will eliminate the lot line and building
inconsistencies and ensure consistent ownership of the building and parking areas in the future.
PUD BENEFITS (If PUD Application):
The site exists as a PUD from 1980 therefore the addition of a second building is being processed as a PUD
Amendment. The site has excess impervious surface and underutilized parking. Providing additional high quality,
attractive leasable space with sufficient parking is a benefit. The proposed retail / office use will not negatively
affect the parking or site circulation in the area. The combination of the three parcels into one is an improvement
to the existing lot configuration.
August 25, 2008
Page 2
PUD DEVIATIONS (If PUD Application):
x
x
Reduction in the drive through vehicle stacking requirements
Staff Supports – discussed under Parking / Loading
Reduction in the required side yard setback for the trash enclosure
Staff Supports – discussed under Screening
VARIANCE HARDSHIP: N/A
DEVELOPMENT SUMMARY CHART:
Site Area:
Existing Building Footprint:
Proposed Building(s) Footprint:
161,110 S.F.
15,324 S.F.
19,564 S.F.
Green Area Required:
Green Area Existing:
Green Area Proposed:
25 %
33 %
32 %
Green Area w/in Parking Lot Required:
Green Area w/in Parking Lot Proposed:
3%
5%
Building Perimeter Landscaping Required:
Building Perimeter Landscaping Proposed:
50 %
68 %
Parking Required:
Parking Proposed:
154 Spaces
200 Spaces
3.7 Acres
PUD/PLAT DETAILS:
AAA is relocating from its existing facility on Traveler’s Trail to this proposed site. The proposed building would
house the retail and customer service aspects of the business. The new building is proposed at the northeast corner
of the site near the intersection of County Road 42 and Nicollet Court. Only the north end of the site will be
disturbed through the proposal with reconfiguring the park lot and drive lanes. The drive through canopy on the
existing building used by American Bank will also be reduced from 7 lanes down to 4 to provide sufficient space
for the redevelopment.
The applicant has applied for a Waiver of Subdivision to combine the three individual lots into one parcel. This
process is handled administratively, therefore no action by the Planning Commission or Council is required. To
ensure the appropriate documents are filed staff has included a condition requiring the applicant to provide
documentation from Dakota County of the lot combination prior to release of the building permit. There are no
outstanding development fees to be collected with the application.
OVERLAY or SPECIAL DISTRICTS: N/A
August 25, 2008
Page 3
BUILDING MATERIALS AND ARCHITECTURE:
The proposed building satisfies the design elements outlined in the Zoning Ordinance by incorporating accent
materials; contrasting, yet complementary material colors; and a combination of horizontal and vertical design
features. The AAA building reaches a peak height of 22 feet at the main entrance in the southwest corner. The
majority of the building parapet wall is 18 feet above grade.
The building contains a significant amount of red brick around the upper portions of the walls. A textured
limestone provides contrast and a well defined base to the building. The architect incorporated a light colored
smooth stone as accent banding and detailing. Significant sized windows on all sides of the building enhance the
attractive feel of the building. Designed as part of the main entrance is a tall tower feature comprised of all
limestone and well integrated window styles. Color elevations are attached and the building material samples will
be available at the meeting.
PARKING / LOADING:
The proposal requires redesigning the parking and drive areas on the north side of the site to provide the area and
proper site circulation needed for the building. The Zoning Ordinance requires 126 parking spaces for the existing
building tenants including American Bank. The proposed building requires 28 spaces. The site plan provides 200
stalls satisfying the ordinance.
American Bank has seven drive through lanes on the north side of the existing building. Only two of these lanes
are currently in operation by the bank. The remaining five lanes are not utilized and the equipment has been
removed. The proposal eliminates three of the lanes and proposed to put all of the remaining four lanes into
operation. The ordinance requires stacking of at least six vehicles per lane and is currently provided. The
proposed site provides stacking for only three vehicles per lane and therefore a deviation is required. The site
provides effective circulation and sufficient emergency vehicle access. Staff is supportive of the deviation as the
bank and other tenants within the building provide relatively low vehicle traffic. Further the use for the proposed
building provides a consistent traffic pattern throughout the day without specific peak hours. The highest demand
for the bank drive through lanes, which are Friday afternoons and Saturday mornings, are not conflicting with a
peak demand from AAA. Although staff is supportive of the current proposal, concerns would arise should the
proposed building convert to a restaurant, coffee shop or other food service that may have significant peak traffic
demands. A condition has been added restricting uses of the proposed building.
TREE PRESERVATION: N/A
LANDSCAPING:
The location of the proposed building and reconfiguration of the parking lot eliminates 8 existing trees (Ash, Pine,
and Maple). The applicant has been cautious not to remove more trees that necessary. As the site is developed
there is no specific reforestation threshold required however the Landscape Plan is well designed including 13 new
over story and ornamental trees.
The Landscaping Plan proposes a significant number of plantings on the perimeter of the proposed building as well
as adjacent to the parking lot and existing building. The site design is consistent with the ordinance providing 68%
of the total building perimeter and 5% of the parking lot and driveway area that will be landscaped. The
calculations are consistent with the recent ordinance amendment. An irrigation system will be extended to the new
planting areas.
August 25, 2008
Page 4
The plant schedule indicates a variety of plants and trees proposed including Birch and Linden shade trees,
Austrian Pine, Juniper and Yew coniferous plantings. Dogwood and Barberry shrubs are also included providing
additional ground cover. No single species exceeds 25% of the total plantings.
SCREENING:
Pursuant to the ordinance the trash and recycling will be screened as an attached enclosure with the same brick and
stone materials as the balance of the building. The enclosure is proposed on the southeast corner of the new
building. The enclosure is attached and therefore considered part of the principal structure for setback purposes.
The required setback from the east property line is 30 feet. The building satisfies the setback however the trash
enclosure encroaches 10 feet into the required 30 foot setback. Staff is supportive of the proposed location as it is
well designed with sufficient space for trash pick-up. Its location, adjacent to the building, reinforces the
architectural compatibility and reduces the visual impact on the site. The proposed location is also close to the
building and convenient for employees.
The applicant has indicated a second location for the trash enclosure in the northwest corner of the site that satisfies
the setbacks. Should the Planning Commission or Council not support the deviation the alternate location satisfies
the required setbacks.
The applicant is not proposing any HVAC equipment located on the roof. The only exterior equipment will be a
condenser located on the east side of the building near the trash enclosure. Consistent with the ordinance the
condenser will be screened from view by the adjacent trash enclosure as well as viburnum shrubs planted around
the unit.
SIGNAGE:
The sign plan submitted is consistent with the ordinance requirements. The AAA building is allowed 301 sq. ft. of
sign area. As proposed the east and west elevations total 99 sq. ft. of wall signage. The applicant is proposing one
six foot tall monument sign located in the north east corner of the site providing visibility from Country Road 42.
The monument sign adds 38 sf. ft. to the signage proposed leaving a balance of 164 sq. ft. unused for the building.
The monument sign satisfies the required height and setbacks.
The monument sign for the existing building is in the northeast corner of the site. The size and location of the
proposed sign is consistent with the ordinance however staff is concerned with the visual impact of both signs
located so near each other. As a benefit to the PUD staff is recommending the proposed AAA monument sign be
relocated further to the west or both signs integrated into one. A condition has been added.
LIGHTING:
The photometric plan submitted is consistent with the ordinance requirements for glare and spill. The project
includes relocating three of the existing light poles within the site. All poles are 12 feet in height with downcast
cut off fixtures pursuant to the ordinance. In addition to the freestanding poles two bollard style fixtures will be
added to enhance the pedestrian scale. Seven wall mounted sconces and seven ground mounted fixtures are
provided for decorative illumination of the building.
August 25, 2008
Page 5
ENGINEERING CONSIDERATIONS:
Traffic counts were provided for the existing bank drive-thru lanes. The peak drive-thru lane use occurred Friday
afternoons between 4:00 p.m. and 5:00 p.m. A total of 17 vehicles utilized the drive-thru lanes in that hour. Based
on these counts, the proposed four drive-thru lanes with stacking space for three vehicles per lane would
accommodate traffic demand without negatively impacting the drive aisle to the east of the drive-thru lanes.
The proposed project does not disturb more than one acre or create a half acre of new impervious surface.
Therefore, no additional stormwater treatment measures are required on site per the City’s Water Resources
Management Plan.
Development fees, including park dedication, have been paid previously for this site based on commercial use
rates.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
There are no issues.
PLANNING CONSIDERATIONS:
The building is well designed with high quality architectural materials. Providing a viable tenant space along
County Road 42 is an economic benefit to the site. The proposal satisfies the required parking and green space
criteria. The setback and stacking deviations requested are reasonable considering the unique site conditions.
ROLE OF PLANNING COMMISSION:
The role of the Planning Commission is to review the technical aspects of the proposal as it relates to the Zoning
Ordinance and Comprehensive Plan.
RECOMMENDATION (With Conditions):
Staff recommends that the Planning Commission recommend approval of the Planned Unit Development
amendment to allow construction of a new building located at 14300 Nicollet Court with the following conditions:
1. The applicant shall provide documentation from Dakota County of the lot combination prior to release of
the building permit.
2. To ensure proper stacking and site circulation restaurants, coffee shops or other food service use shall not
be permitted within the 4,200 sq. ft. building without addressing the drive through stacking or amending
the PUD.
3. The applicant shall revise the site plan and the location of the monument sign prior to release of the
building permit. The proposed sign shall be located at least 30 feet to the west of the existing sign or
integrate both signs into one.
August 25, 2008
Page 6
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “x”)
Site Location Map
Pictometry
Other Exhibits
Building Elevations (Color)
CS
g/shared/planning/agenda/2008/Revestors
LARGE ATTACHMENTS
Existing Conditions (Prepared by Rehder and Assoc)
Preliminary Plat
Final Plat (City Council Only)
Site Plans (sheets DD1 and DD2)
Sign Plan (see DD2)
Grading and Utilities (C1)
Building Elevations (DD4)
Floor Plans (DD3)
Tree Inventory
Landscape Plan (L1.1)
Roof-top Screening
Lighting Plan (DD6)
Building Cross Sections (DD5)
UNAPPROVED PLANNING COMMISSION MINUTES – AUGUST 25, 2008
3.
Public Hearing – Revestors Group 7, LLC – Application for a Planned Unit Development
Amendment for Construction of a Retail Building for AAA to be Located at 14300 Nicollet
Court.
Slania presented an overview of the application advising that staff recommends that the Planning
Commission recommend to the City Council approval of the application as conditioned.
Esch called for questions of staff:
Turner asked if the proposed signage on the third side would be back lit and also what would happen if
the building was occupied by multi tenants.
Slania stated they were internal letters and asked the applicant to confirm if they would be lit. The north
side of the building would be a possible location should the tenant occupy space along that wall.
Manhart asked if there was consideration to adding the AAA signage to the existing pylon sign.
Slania stated it was not discussed with staff and deferred question to the applicant.
Manhart asked if staff discussed the relocation of the handicap stall closer to the door.
Slania stated it was not discussed but was reviewed by the Inspections Department with no comments
brought forth.
Manhart asked if there would be curb cut on both ends of the crosswalk.
Slania deferred the question to the applicant.
Manhart then asked what the traffic flow is.
Slania stated it is two-way throughout the site. With the drive lanes, it lends itself to one way. Also
existing north on Nicollet, you would have to exit from the drive lane to the east because the median
doesn’t allow a left turn.
Manhart asked what the dimension is on the access isle on the south side of the building.
Slania stated 24 feet which is the minimum required by the ordinance.
Manhart asked what the traffic pattern will be during construction and if the drive lanes will remain open.
Slania stated staff has not seen a phasing plan yet. The applicant indicated that the drive lanes will be
open.
Esch called for questions of the applicant.
Unapproved Planning Commission Minutes
August 25, 2008
Page 2
Quinn Hutson, CNH Architects, addressed the Commission’s questions. At least one drive-up lane will
be open through construction, the lease for the bank has exclusive rights to the pylon sign so nothing can
be added, there is a curb cut on both sides of the cross walk.
Manhart re-asked about relocating the handicap stall closer to the door.
Hutson stated the location was discussed with the tenant and the preference is where it is shown. They
wanted to provide a quick in and out for their customers near the door.
Esch asked if the crosswalk is raised.
Hutson stated it will be flat but constructed with brick paver which provides additional slowing of traffic
versus a striped crosswalk.
Turner re-asked if the signage will be lit.
Hutson stated all the signage on the walls will be interior lit signs, and channel letters.
Teiken asked if the AC condensers are on ground level and asked if they will be screened.
Hutson stated the trash enclosure will screen along with landscape plantings. The units are residential
style.
Slania added that the landscape plan is on L1.1 in the packet.
Manhart asked what is proposed on the top of the building as it will be visible from County Road 42
going east.
Hutson stated it will be an asphalt roof with gravel on top. They have gone to all interior mechanical
units so nothing will be on the roof. A 3 foot parapet will also be installed.
Esch asked if there was discussion regarding a green roof.
Hutson stated no.
At 7:22 p.m., Esch opened/closed the Public Hearing and called for discussion among the
Commissioners.
Manhart: “I’m very concerned about the distance that the handicapped citizens will have to drive their
wheelchairs from the stall to the front door. I was measuring it off and it appeared to be between 60 and
80 feet along the narrow sidewalk. I think about winter time when it’s slick or snowy and I can just see
them driving in the street or in the access way instead. I would prefer to see the handicap stall closer to
the front door.”
Esch: “So you would recommend on the two stalls northwest of the door?”
Manhart: “Yes.”
August 25, 2008
Page 3
Dusterhoft: “My only issue with that is then they are both handicapped stalls. To have a handicap stall
you have to have the one next to it be the access stall. Therefore both of the stalls closest to the door, the
quick in/ quick out stalls will end up being handicapped stalls. It’s up to the owner of the building to
comply with the law and how they do it shouldn’t necessarily be our concern here as long as they are in
compliance which they would be putting it where it is. As far as the proposal for a 4th recommendation,
how do we put that? I think it does make a lot of sense in this particular spot. Putting another sign out
there in the middle of the grass will screw up the landscaping and no one will be able to see it. It makes
sense to allow a third sign on the north side of the building and eliminate the proposed monument sign. Is
that wording you are talking about?”
Slania: “It might be beneficial to note in your recommendation that you are in support of the deviation on
the third wall sign and staff prepared a revision to condition #3 so that they are entitled to the 3rd wall sign
but it eliminates any future freestanding sign for the new building.”
Turner: “I’m fine with the recommendation of the conditions that are in front of us. I do want to see the
handicap stall moved. It’s necessary in considering the people that use it.”
Esch: “How about Commissioner Dusterhoft’s recognition of two stalls one for an access and one for
handicap. It would reduce both the quick in and out stalls. How about if we were to move it to the
south?”
Teiken: “I’m fine with the three conditions and I agree with Commissioner Dusterhoft that I’m okay with
leaving the handicap stall where it is.”
Manhart: “I hear what my colleagues are saying and I have a preference for the two quick stalls closest to
the door way. I would be inclined to go with the one that is across the aisle way. It does provide a closer
access to that doorway rather than putting them on that narrow walkway from the southern parking area.”
Esch: “I could support those. I couldn’t support the northwestern ones. Vicki, are you okay supporting a
condition that would put the handicap stalls to the south?”
Turner: “I’m concerned on how wheelchair or walker accessible it will be across that walkway if it’s icy
or if there’s traffic flowing through there. Right now the traffic study or pattern is two way through there
and I don’t think it’s the safest accessibility to that building.”
Strehlo: “The Americans with Disabilities Act regulates where handicap stalls can be placed. There is
specific language which gets to the shortest possible accessible route. That may be the location closest to
the building but then you would be in conformance with that document.”
Turner: “I am comfortable with that and if there are two stalls necessary, can we make the island smaller
and still provide two handicap stalls right to the door.”
Slania: “I’m getting a nod from the applicant. I think we can adjust the curb line and shift one other
parking stall and make two handicap stalls.”
Teiken: “What does that do to the green space?”
Slania: “There is a planting bed and the remainder is sidewalk. The planting size can remain the same
and shift everything to the west.”
August 25, 2008
Page 4
Slania: “If the Commission’s choice is to provide three stalls in the area closest to the door, one being
handicapped, one being a loading area and one regular stall, we should reflect that in the conditions. This
will allow us to do some research before it gets to the City Council.”
Manhart moved to approve the application with the following condition:
1. The applicant shall provide documentation from Dakota County of the lot combination prior to
release of the building permit.
2. To ensure proper stacking and site circulation restaurants, coffee shops or other food service use
shall not be permitted within the 4,200 sq. ft. building without addressing the drive through
stacking or amending the PUD.
3. Due to the addition of the wall signage on the north side of the building a separate freestanding
sign is not permitted for the 4,200 sq. ft. building.
4. The applicant shall revise the site plan to provide one handicap accessible space and one standard
stall directly in front of the main entrance on the west end of the building.
Dusterhoft seconded the motion.
Ayes: Manhart, Dusterhoft, Esch, Teiken, and Turner. Nays: Motion to approve passes (5-0).
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Revestors Group 7, LLC for a
Planned Unit Development Amendment for
Construction of a retail building for AAA to
be located at 14300 Nicollet Court.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On September 2, 2008, the Burnsville City Council met at its regularly scheduled
meeting to consider the above application of Revestors Group 7, LLC for a Planned Unit
Development Amendment for construction of a retail building for AAA to be located at 14300
Nicollet Court.
The Planning Commission held a public hearing on the application. The Applicant was
present and the Planning Commission heard testimony from any and all interested persons
wishing to speak at the meeting.
The City Council now makes the following Findings of Fact and Decision:
1.
The subject site and surrounding properties are zoned B-3, PUD (General
Business, Planned Unit Development).
2.
The subject site is designated as General Business in the Comprehensive Plan.
3.
Office and retail are permitted uses within the B-3 District.
4.
Since there is an existing building on the site, a PUD Amendment is required to
allow two principal structures on the site.
5.
The property was platted in 1980 as part of the Golden Triangle subdivision and
original Planned Unit Development approval.
6.
The applicant will combine the three parcels into one through a Waiver of
Subdivision. This will be an improvement to the existing lot configuration and will eliminate the
lot line and building inconsistencies and ensure consistent ownership of the building and parking
areas in the future.
7.
The proposed retail / office use will not negatively affect the parking or site
circulation in the area.
8.
Providing additional high quality, attractive leasable space with sufficient
parking is a benefit of the Planned Unit Development.
DECISION
Applicant’s request for a Planned Unit Development Amendment is hereby approved, in
accordance with the plans reviewed, modified, approved, and recorded in Clerk’s Document No.
D-08Adopted this 2nd day of September, 2008.
CITY OF BURNSVILLE
By:
ATTEST:
g:\legal08\Revestors Group 7 LLC FF (08-22)
2
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12" = 1'-0"
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Site Analysis
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Overall Site Plan-City Submittal
Building Setback
Parking Setback
Property Line
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5W
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Int
Alternate
Trash
Enclosure
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County Road 42
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Revised Parking
11
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Existing Office
Building
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Proposed
Retail
Builiding
12
ack
Setb
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Setb
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Park
Existing Parking
Trash
Enclosure
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8/13/08
REVISIONS:
Overall Site Plan,
Site Analysis
2
8-18-08
COMM: 07014-02
BFC Retail Building
Burnsville, MN
M
DD1
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION
OR REPORT WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM A DULY
REGISTERED ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA
Quinn Hutson
DATE
8-18-08
REG. NO.
21234
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
© COPYRIGHT BY CNH ARCHITECTS, INC.
E:\Revit 2009\07014-BFCCoffee-qhutson.rvt
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A
B
C
D
E
F
Bollard Detail
1/2" = 1'-0"
D1
DD2
2
3
4
Note: verify sign placement
w/ architect & HC code
6
1" = 20'-0"
5
Partiall Site Plan-City Submittal
A5
DD2
Existing
Pylon Sign
Existing Wood
Retaining Wall
Alternate
Trash
Enclosure
Relocate
Light & Pole
7
18
'-
6"
6'
Building Setback
Parking Setback
Property Line
12" = 1'-0"
DD2
-0
8
"
137 SF
164 SF
38 SF
61 SF
38 SF
301 SF
1,886 SF
Shortened
Bank
Canopy
Concrete
Sidewalk
TYP
10' - 0"
Total signage area provide
Unused signage area
Wall mounted sign (west)
Wall mounted sign (east)
Monument sign
Allowable total sign area
(16 % x elevation SF)
Largest building elevation
Signage Analysis
w
Ne s
ll
Sta
1
1/2" = 1'-0"
DD2
2'-0" NTS
Handicap Parking
6" dia concrete pier w/ 3/8" crown
Grade, see site plan for
condition & material
2" dia galvanized steel sign post
Add sign stating "VAN
ACCESSIBLE" below
top sign at spaces
labeled as such on
drawings
12" x 18" - .080 alum sign w/
identification symbol and
lettering as req'd by HC
code. include fine info within
sign or below
Undisturbed or engineered soil
Paving base, (see paving design)
Adjacent paving, see site
plan for type
20" dia concrete base
1/ " expansion material, fill
2
top with sealant
Fill pipe with concrete
6" dia steel pipe, standard
weight, paint
Slope top of concrete to
drain, paint
W
35
te
a
t
ers
Int
A1
FINE
HANDICAP
PARKING
ONLY
VAN
ACCESSIBLE
5'-3" NTS
at non-van
accessible stalls
8
9
Paver Crosswalk
New Bituminous
Paving
9
10
Existing Office
Building
Existing Drive-up Teller
Lanes (No ATM)
Concrete
Sidewalk
Concrete
Sidewalk
12
11
'
24
-0
HC Curb
Cut
"
A1
DD2
-K10
DD2
-
14' - 0 1/16"
14' - 0"
12
A5.X
-
New Bituminous
Paving
K4
8' - 0" 8' - 0" 9' - 0" 9' - 0" 9' - 0"
Proposed
Retail
Builiding
County Road 42
1/2" = 1'-0"
D4
A5.X
DD2
11
Monument Sign-City Submittal
6' - 0"
K10
10
13
st
Ex urb
w C
Ne urb
C
6"
1/1
01
"
14
A5.X
15
NORTH
G9
Brick veneer
Channel letters
& logo
Cast stone cap
15
CITY SUBMITTAL - PD AMENDMENT
13
Trash
Enclosure
Concrete
Steps
AC
Condensors
Concrete
Sidewalk
35' - 3 15/16"
Existing Monument
Sign (Office Building)
New Monument Sign
(Retail Building)
14
Nicollet
Court
Signage Analysis - Retail - Building
K7
7
TYP
G
3'-6"
2'-0"
6"
18' - 0"
H
6
5' - 0"
J
5
Parking
Setback
4
Property Line
K
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REVISIONS:
7/02/08
COMM: 07014-02
Partial Site Plan
BFC Retail Building
L
2
Burnsville, MN
M
1
5'-3" NTS
2'-6"
-0
Building
Setback
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A1
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119' - 0"
919'
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East Elevation-City Submittal
E1
118' -- 0"0"
918'
DD4
Floor 1
100'-0"
1000'
- 0" .
D
3/16" = 1'-0"
119' -- 0"
0"
919'
South-City Submittal
J6
DD4
1
C
Ashler limestone veneer
Prefinished metal facia
4
3
5
B
4
5
Aluminum storefront windows
Cast stone band
Brick veneer
Hollow metal door and frame, paint
Channel style backlit logo and signage
8" high individual number street address
122'
922' -- 0"
0"
3
2
6
6
2
A
119'
919' -- 0"
0"
7
7
118' - 0"
0"
918'
DD4
E8
9
118'
918' - 0"
8
3/16" = 1'-0"
9
West Elevation-City Submittal
Wood bracket trim
Prefinished metal canopy
Cast stone lintel
Channel style backlit
logo and signage
8
A
10
10
3
1
B
11
11
922' - 0"
122'
C
12
Wood bracket trim
13
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14
14
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Floor 1
1000'
100' - -0"0" .
15
Prefinished metal canopy
118'
918' -- 0"
0"
Floor 1
1000'
0" .
100' --0"
Ashler limestone
veneer
Precast concrete sill
Brick veneer
Prefinished metal gates
Cast stone band and sill
Brick veneeer
12
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7/25/08
City Staff Review
REVISIONS:
7/02/08
COMM: 07014-02
Exterior
Elevations
BFC Retail Building
2
Burnsville, MN
DD4
1
7/25/2008 11:17:27 AM
A
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DD3
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Floor Plan-City Submittal
D
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12' - 7 13/16"
20' - 8 3/16"
20' - 10"
K
3
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4
4
5
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47' - 5 3/8"
6
7
7
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9
Tenant space
9
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DD5
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Women
Men
50' - 8 5/16"
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Trash enclosure
A6.X
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Mechanical
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City Staff Review
7/25/08
REVISIONS:
7/02/08
COMM: 07014-02
Floor Plan
BFC Retail Building
L
2
Burnsville, MN
DD3
M
1
54' - 2"
7/25/2008 11:18:08 AM
A
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1" = 20'-0"
Site Lighting
0.0
0.1
0.2
0.0
0.0
0.0
0.0
0.0
0.0
7
0.1
0.0
0.1
0.1
6
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.1
0.3
0.1
0.4
0.3
0.1
0.9
0.7
0.1
0.1
0.1
0.1
0.1
0.1
0.2
0.1
0.1
0.1
0.1
0.1
900
SINGLE
0.1
3300
SINGLE
0.5
8500
SINGLE
E
5200
0.2
0.4
Lumens
SINGLE
0.6
0.4
0.2
0.2
0.1
0.2
0.3
8
0.900
0.700
0.700
0.700
LLF
0.36
Arrangement
Avg
Units
Fc
CalcType
8
Illuminance
7
0.1
0.1
1" = 10'-0"
M
7
DD6
Gg
7
Site Lighting Schedule
E
B
2
3
Label
Qty
J5
Symbol
Project: JTH Lighting Alliance
Luminaire Schedule
Grade_Top
Label
Project: JTH Lighting Alliance
Calculation Summary
5
5W
e3
tat
s
r
e
Int
1
Light Fixture Cuts
A1
DD6
Fixture Type B
Fixture Type M
3
1.2
0.9
0.4
0.2
0.2
0.3
0.6
Max
Min
0.0
N.A.
Avg/Min
N.A.
Max/Min
1.1
E
0.9
0.4
0.2
0.2
0.4
0.9
E
0.6
0.5
0.3
0.2
0.2
0.3
0.7
Manning DS 612
0.2
0.2
0.2
0.1
0.1
0.2
0.4
9
0.1
0.1
0.1
0.1
0.1
0.3
0.9
B
0.1
0.0
0.1
0.1
0.1
0.1
0.1
0.2
0.1
0.1
0.1
0.1
0.1
0.6
5.3
Bega 8750MH (30° REFLECTOR TILT)
0.1
0.1
0.2
0.1
0.3
0.5
Relocated Existing Pole -100M overall hgt 12
Quality PBR_PBS-8-CLR-MH-70
Description
5.3
9
10
10
0.1
0.3
0.6
0.4
2.3
B
Gg
0.2
0.7
Gg
1.8
0.2
1.5
0.2
0.3
0.6
M
0.4
M
0.7
0.1
0.3
0.1
Gg
0.1
Gg
0.5
0.2
Builiding
Retail
0.1
M
1.1
1.0
0.1
0.3
Proposed
0.4
0.6
11
1.5
M
0.5
1.1
0.6
County Road 42
11
12
12
0.2
0.7
M
0.3
0.1
0.4
1.5
0.1
0.2
0.7
M
0.1
0.5
13
Gg
0.4
0.0
0.0
0.3
1.0
0.3
Gg
1.6
Gg
0.0
0.1
0.0
0.0
0.1
0.3
0.7
0.5
0.3
14
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15
NORTH
15
M
13
A
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G
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REVISIONS:
7/02/08
COMM: 07014-02
Site Lighting Plan
BFC Retail Building
2
Burnsville, MN
DD6
M
1
Nicollet Court
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
09/02/2008
11
__X__ Required by Law __X__ Previous Council Action _Envir._ Council Theme ______ Housekeeping
PRESENTER
Terry Schultz, Director of Parks and Natural Resources
Ron Leaf, Consultant-SEH
ITEM
Consider Approval of the Updated Water Resources Management Plan
Staff recommends adoption of the Updated Water Resources Management Plan.
FACTS
The current City of Burnsville Water Resources Management Plan (WRMP) was developed and approved
in 2002. The WRMP sets policies for managing the water resources and storm water run-off in our community,
and establishes water quality goals for each of the major lakes in the city. The plan also identifies projects
and priorities for water resource management activities through 2016. These plans are required of local
communities by state law.
It is important the WRMP be updated periodically to evaluate any changes that are occurring to our water
resources and to update the city’s strategies and policies regarding management of those resources. The
City began the process of updating the WRMP in 2007, on a parallel timeline with the updating of the
City’s Comprehensive Plan. An initial review of the updated plan was shared with City Council at a
Worksession in April of 2007 (Minutes attached).
Since that Worksession staff has shared the proposed changes to the WRMP with the Planning
Commission (6/11/07), the Economic Growth Committee (7/10/07), and the Parks and Natural Resources
Commission (7/7/08). Minutes from these City Committee/Commission meetings are attached for
Council’s review. All of the City Committee/ Commissions are recommend approval of the proposed
updates to the WRMP.
The proposed revisions to the City’s WRMP were also incorporated into the Draft Comprehensive Plan
which Council has reviewed.
ISSUES
The updated WRMP was also distributed for public comment and agency review per State of MN
requirements. Enclosed is a summary of the key agency comments received. Minor revisions were made
to the plan as required based on agency feedback. The WRMP as proposed does meet the requirements of
all the agencies involved in the review process. At the meeting staff will provide an overview of the
updated Water Resources Plan, and highlight the changes that are being considered and the comments
received during the agency review period.
Attached is the Executive Summary section of the plan for Council Members to review in preparation for
this discussion.
Attachments:






DJJ
Minutes from City Council Worksession 4/24/07
Minutes from Planning Commission 6/11/07
Minutes from Economic growth Committee 7/10/07
Minutes from PNRC Meeting 7/7/08
Summary of written comments received during the agency review period
Executive Summary of Water Resources Management Plan
CITY OF BURNSVILLE
SPECIAL WORKSESSION MINUTES
APRIL 24, 2007
The City Council of the City of Burnsville met for a Worksession at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 24th day of April, 2007.
Council Present:
Council Absent:
Staff Present:
Others Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, L. Workman
None
C. Ebeling, M.Brooks, B. Osmundson, T. Hansen, T. Schultz, D. Jacobson, R.
Oppelt, R. Peterson
J. Gessner, H. Voorhees, R. Leaf, D. Deuschle (SEH)
The Mayor called the meeting to order at 7:30 p.m.
ITEM 1. WETLANDS MGMT PLAN AND WATER RESOURCES MGMT PLAN – DRAFT
UPDATES
Terry Schultz, Director of Natural Resources, with Daryl Jacobson, Water Resources Specialist, and
representatives from SEH, presented draft updates on the Wetlands Management Plan and the Water
Resources Management Plan.
Water Resources Management Plan
• Third Generation – 2002 Water Resources Management Plan
• Establishes Lake Water Quality Goals
• Addresses known Flooding Issues
• Storm Water System Mapping / Modeling Information
• Maintenance Requirements for Storm Water Conveyance System
• Set Development Requirements
• Meet Federal, State, Regional Requirements
Water Resources Management Plan Updates
o
o
o
o
o
o
o
•
Revise Floodplain Info (Earley Lake / Cam Ram
Update System Maps / Hydrologic Information
Highlight Accomplishments
Update Implementation Schedules & Financial Information
Incorporate New Agency Requirements
Revisit Lake Water Quality Goals
Update Policies / Developer Guidelines
Accomplishments to Date
o Lake Studies – Alimagnet, Crystal, Earley, Keller, Lac Lavon, Twin Lakes
o Harvesting Program
o Staffing - Erosion / Sweeping /Pond Inspection / Water Quality
o Cliff – Fen Park Wetland Restoration
o HOC – Stormwater Management Program
o Storm Sewer Improvements
o Pond Improvements
o NPDES Permit
o Burnsville Center Area Stormwater Management Plan
o Vacuum Sweeper Purchased
o Crystal Lake Rainwater Garden Project
o West Buck Hill Park Infiltration Basin
2
April 24, 2007
UPDATES (continued)
•
New Requirements – Increased Regulation
o Environmental Protection Agency – Clean Water Act
o State Agencies (MPCA)
 NPDEA Permit Program
 Impaired Waters – TMDL’s
 Non-Degradation
o City of Burnsville
 Water Resource Plans
 TMDL’s
 Permits
o Metropolitan Council – Regional Plans
o Watershed Organizations
 Watershed Plans
 TMDL’s
•
Burnsville’s Impaired Waters
o Lake Alimagnet – Phosphorous
o Keller Lake – Phosphorus
o Crystal Lake – Mercury and Phosphorous
o Lac Lavon – Mercury
o Earley Lake – Phosphorous
•
Water Quality (Clarity) Goal Revisions
o
o
o
o
o
o
o
o
Alimagnet
Crystal
Earley
Keller
Lac Lavon
Sunset Pond
Twin Lake
Wood Pond
3 Yr Avg
0.6
1.7
1.7
1.3
3.8
2.4
1.7
1.5
Goal
1.7
2.6
1.7
1.7
3.6
1.7
1.7
1.7
Revised
Goals
1.2
2.1
2.1
2.1
2.1
2.1
2.1
2.1
•
Non-Degradation Study - City required to determine the change in pollutant loading for:
o Three pollutants:
 total suspended solids (TSS)
 total phosphorus (TP)
 runoff volume
o Over two time periods
 1988 to 2005
 2005 to 2020
•
Non-Degradation Analysis
o Show that Burnsville has not seen a significant increase in storm water runoff volume or
TSS or TP loading since 1998, or
o Demonstrate what past, present, and future best management practices (BMPs) will be
reasonably required to return to 1988 loading levels.
o Results of the non-degradation analysis suggest that implementing the proposed standards
in this WRMP update will position the City to address these permit requirements.
3
April 24, 2007
UPDATES (continued)
•
What are other cities, watersheds doing?
o New development
 Rate control for 1 or 2, 10 and 100 year storms
 Removal of 80%-90% TSS and 50%-60% TP
 Infiltration required where feasible – 0.5 to 1.0 inch volume
o Redevelopment
 Rate control for 1 or 2, 10 and 100 year events
 Varied – many cities debating now
 Some watershed districts apply same standards to new and redevelopment
•
Current Standards
o Rate Control for 2, 10, 100 – year event
 Still required in revised standards
o Treatment based on receiving water class:
 Protective Class – 90% TSS removal
 Improvement Class – 70% TSS removal
 Management Class – 50% TSS removal
 Infiltrate 1-inch runoff volume where feasible
•
Proposed Treatment Standards
o New Development
 90% TSS and 60% TP Removal
 Infiltration of 1.0-inch runoff volume (where allowed)
o Redevelopment
o Exempt Projects:
 Pavement reconstruction/rehab that does not add impervious
Purpose of Wetlands Management Plan
o
o
Establish wetlands policies and develop a wetlands inventory for Burnsville
To keep the City in compliance with Wetlands Conservation Act (WCA)
•
Significant Changes from 1998
o 6 Lakes removed from wetland inventory
o Storm water ponds clearly built in upland area removed from inventory
o Wetland Buffer Requirements
o Establish building setbacks for wetlands
o Number of Basins:
1998 = 314
2006 = 333
o Total Acres of Wetland:
1998 = 2,678
2006 = 2,713
•
Wetland buffer standards
o Protection – Structure Setback: 50 feet
o Improvement – Structure Setback: 35 feet
o Management – Structure Setback: 25 feet
o Management II – Structure Setback: 0 feet
4
April 24, 2007
UPDATES (continued)
The next steps will be:
• Agency Reviews (Watersheds, Met Council, Dakota County) – June/July
• PNRC Final Review – August
• Council Final Review – September/October
o Adopt Revised Plan
Council consensus for staff to move forward the Plan as noted above for review.
The meeting was adjourned at 9:07 p.m.
Respectfully submitted,
_________________________________________
Approved by the City Council of the City of Burnsville this 7th day of May, 2007.
__________________________________________
BURNSVILLE PLANNING COMMISSION MINUTES
MEETING OF JUNE 11, 2007
MEMBERS PRESENT
MEMBERS ABSENT
DeeDee Currier
Richard Dusterhoft
Michael Esch
Steve Manhart
Chris Teiken. Alternate
Vicky Turner
OTHERS PRESENT
Deb Garross
Chris Slania
Vickie Martin
The meeting was called to order by Vice Chair, Steve Manhart at 7:00 p.m.
1.
Oath of Office - New Planning Commissioner, Christopher Teiken.
Vickie Martin administered the Oath of Office to Christopher Teiken.
2.
Election of Planning Commission Chairperson and Vice Chair.
Commissioner Manhart was voted Chair.
Commissioner Esch was voted Vice Chair
Manhart: “I’d like to extend our appreciation to an outgoing member of the Planning
Commission. His last meeting was last month and his name is Tim Ivers. He was on the
Planning Commission for four years. We want to send our appreciation. He provided us with
many good Iverisms, comments and leadership along the way.”
3.
Appoint Planning Commission Representative for the HOC Design Review Committee.
Commissioner Turner asked for consideration.
Manhart moved for the appointment of Commissioner Turner, Esch seconded.
Ayes: Currier, Dusterhoft, Esch, Manhart and Teiken. Nays: None. Motion passed (5-0).
CONSENT AGENDA
4.
Adoption of Agenda.
Dusterhoft moved and Turner seconded a motion for adoption of June 11, 2007 Agenda.
Ayes: Currier, Dusterhoft, Esch, Manhart and Turner. Nays: None. Motion passed (5-0).
Planning Commission Minutes
June 11, 2007
Page 2
5.
Consider Approval of Minutes for Previous Meeting of May 29, 2007.
Manhart called for comments on or changes to the May 29, 2007 Meeting Minutes.
Dusterhoft moved and Turner seconded a motion to approve the May 29, 2007 Meeting Minutes.
END OF CONSENT AGENDA
8.
Review of Updates to Wetlands and Water Resources Management Plans.
Terry Schultz, Director of Natural Resources presented an overview of the proposed updates to the
Wetlands and Water Resource Management Plans advising that staff recommends that the Planning
Commission recommend to the City Council approval of the proposed updates.
Ron Leaf, Consulting Engineer – SEH Inc.
Daryl Jacobson, Water Resources Specialist
Manhart asked about the run-off pertaining to the mall area and wanted to know where is the
run-off going and how is it going to be treated in the plans discussed.
Schultz stated the run-off goes into Earley Lake which was one of the lakes on the impaired
waters list. The mall was built in the mid 70’s and there were no storm water requirements
regarding treatment at that point in time. They will route the run-off through some storm water
ponds. They expect the ponding project to be completed in 2008 and it is a critical piece in
improving water quality in Earley Lake. They just completed the Earley Lake study and they
also need to find some management practices to put in place on the south side of Southcross with
the impervious service caused by the car dealerships. All of these items are included in the
Earley Lake study.
Manhart clarified as development occurs, they will alert the Planning Commission with
concerns.
Schultz also stated there were concerns with the Target redevelopment to meet current standards.
Staff will alert the Commission about specific lakes and also non degradation or broader
community when redevelopment occurs.
Manhart then asked if rain barrels affect run-off. A resident was required to install them in a past
application and he wondered if that technique would be used more in the future.
June 11, 2007
Page 3
Schultz stated it’s one of many tools that can be used. It collects the first flush which contains
most of the pollutants and then when used to water the garden or grass, it will slowly infiltrate
rather than going directly into a nearby lake. These practices are seen in the Shoreland areas. It
works better with private homes.
Esch moved to approve the proposed updates.
Currier seconded the motion.
Ayes: Dusterhoft. Esch, Manhart, Turner, and Currier. Nays: None. Motion to approve passes
(5-0).
9.
Adjournment.
Dusterhoft moved and Turner seconded the motion to adjourn.
Ayes: Dusterhoft, Esch, Manhart, Turner, and Currier. Nays: None. Motion passes
unanimously (5-0) and the meeting adjourned at 9:10 p.m.
“The City of Burnsville does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual preference,
disability, or any other basis protected by law in the admission or access to, or treatment or employment in, its programs,
activities, or services.” To obtain this information in alternative forms such as braille, large print, audio tape or qualified readers,
please contact the City of Burnsville at (952) 895-4400, TDD: (952) 895-4567. Minutes are available electronically through
our website at www.burnsville.org, and can be emailed to you by subscribing through our subscription service link located on
our home page.
ECONOMIC GROWTH COMMITTEE
MINUTES
July 10, 2007
Members Present
Karolyn Anderson
LaDonna Boyd
Mike Carney
Dan Gustafson
Jim Louwagie
Vicki Roy
Dick Sjoquist
Ken Slipka
Bob Stowell
Tom Taylor
Marcus Thomas
Richard Thomas
Rich Vanderlaan
Members Absent
Gene Grazzini
Others Present
Daron Van Helden
Jenni Faulkner
Skip Nienhaus
Jane Hovind
Terry Schultz
Daryl Jacobson
Sue Bast
Ron Lee
Vice Chair, Marcus Thomas, called the meeting to order at 7:30 a.m.
I.
Announcements
II.
Approval of June 12, 2007 Minutes
Motion by Stowell and seconded by Sjoquist, to approve the June 12, 2007 minutes as presented.
Ayes: Anderson, Boyd, Carney, Gustafson, Louwagie, Roy, Sjoquist, Slipka, Stowell, Taylor,
Marcus Thomas, Richard Thomas, Vanderlaan. Nays - None. Absent - Grazzini. Abstain None. Motion carried.
III.
Burnsville Updates
Chamber of Commerce
Daron informed the group of upcoming Chamber of Commerce events.
IV.
Wetlands and Water Resource Management Plans
Terry Schultz, the City’s Natural Resources Director, presented proposed updates to the City’s
Water Resource Management Plan and Wetlands Management Plan which are all part of the
Comprehensive Guide Plan for the City. He said the Water Resource Management Plan
determines where the water runoff will go and it must meet federal, state and regional
requirements.
He said improvements have been made with purchasing an enhanced vacuum assisted sweeper
which vacuums up finer particles, increased pond inspection and several new water quality
programs. He said six lakes have had quality studies done, and there have been more storm sewer
and pond improvements.
Burnsville has to have a permit to discharge storm water into the Minnesota River and it must be
updated every five years. There has been increased regulation over the years which include
federal - EPA, state - MPCA, regional - Metropolitan Council and watershed organizations, and
local - City of Burnsville.
Burnsville impaired waters include Lac Lavon, Crystal Lake, Keller Lake, Lake Alimagnet and
Earley Lake. Goals are set for water quality on each of the lakes. Most of the quality problems
are related to high phosphorus levels.
Richard Thomas asked where the phosphorus is coming from. Terry responded phosphorus
comes from land runoff, including fertilizer and atmospheric contamination. Ron said internal
loading in the lakes deposits sediment and phosphorus over time which can resuspend and cause
problems. Terry said part of the problem is curly leaf pond weed which is invasive and dies back
during the month of July and puts in a lot of phosphorus in the water; consequently, they harvest
as much as they can before it causes problems.
Daron asked if there is steady improvement year after year. Terry replied there has been slow
progress. All the practices aren’t in place yet but there will be benefit over time.
Terry said the lake study looks at the watershed to the lakes. Other communities share the
watersheds and so they are involved in assisting with improvement. It’s a cooperative effort.
Ron Leif of SEH discussed the non-degradation study. It is part of the permit program required
by the MPCA. There is a rate standard for development and redevelopment. This program
requires Burnsville to study runoff levels for two time periods 1988 to 2005 and 2005 to 2020 to
determine the change in pollutant loading. The City has two options – show that Burnsville has
not seen a significant increase in levels or demonstrate what past, present and future management
practices will need to be done to return to 1988 loading levels.
He said they looked at rate control for new development and redevelopment, removal and
infiltration rates. Burnsville has proposed treatment standards for new development which is
90% total solids and 60% phosphorus with an infiltration rate of 1 inch runoff volume. For
redevelopment the requirement is 70% solids and 30% phosphorus with an infiltration rate of .5
inch runoff volume. He stated that some cities are applying the same standards to both new
development and redevelopment.
Daryl Jacobson discussed the Wetlands Management Plan. He said it has two goals, first to
establish a policy and provide an inventory of the wetlands and the other is to stay in compliance
with the Wetlands Management Act
He showed the wetlands inventory map. He said there are significant changes in the current plan
compared to the 1998 plan. In 1998 lakes were included as part of the wetland inventory, since
they aren’t wetlands, six lakes were removed from the inventory. He said there are 1,789 acres
of wetland in Burnsville.
He said plans are reviewed by the Minnesota DNR, Minnesota Water Resources, and Dakota
County. Then it will go before the Parks Recreation and Natural Resources Commission, and
then it will go before the City Council.
Roy asked when the plan is established whether there would be penalties if results aren’t met.
Terry said if standards are not met at the time of development the application must go through
City Council for approval. Terry said although the organizations review and approve the plan,
the City of Burnsville must monitor it.
Daron asked about the impacts the requirements have on businesses. He asked whether there are
restrictions on development and what will we see in the future. Terry responded if developers
follow the standards there won’t be problems. He said because they set a different standard for
redevelopment because they didn’t want to give businesses a disincentive to expand or improve
their businesses.
Vanderlaan asked about funding. Terry responded have received grants and will pursue more.
Marcus Thomas asked about the budget and if it is balanced or will there be a shortfall in the
future. Terry responded the City should be able to meet the requirements with the budget that
was put in place in 2002. The storm water fees charged to residents fund the projects and pay for
maintaining the systems.
Daron said there is a concern that Burnsville businesses pay higher storm water rates than
anywhere else. He asked if other communities are increasing rates to compensate. Terry
responded they are and many communities that have not had storm water fees and are now
starting to add them.
V.
Sustainability
Sue Bast, the City’s Environmental Specialist, presented a discussion on sustainability. The City
Council has determined sustainability as a concern. The topic of sustainability has been under
discussion for many years.
The definition of sustainability includes interdependence among ecology, economics and the
environment in order to meet the needs of future generations.
The sustainability framework includes the natural step system which states what we extract from
the earth and make synthetically must not accumulate in the environment as waste. The
principles of sustainable development for Minnesota which were established in 1996 include
global interdependence, stewardship, conservation, monitoring indicators, and shared
responsibility for the environment.
Sustainability practices include environmentally preferable purchasing and product stewardship,
inventory and set reduction targets for greenhouse gas emissions, land use policies that reduce
sprawl, and promotion of sustainable transportation systems.
Strategies include removing
barriers for pedestrians, increasing bicycle opportunities and creating a mass transit system. This
is building on what the City of Burnsville has already done with sustainability.
Richard Thomas asked about sustainable transportation. He asked if there are ways to reduce
traffic congestion. Terry responded the City has limited control but ideas should be submitted to
the City Council to consider what can be accomplished in Burnsville. Thomas said people in
Burnsville drive. It’s important to address the congestion problem and find ways to reduce it.
Slipka asked about promoting community gardens and how that’s being handled. Terry replied
they are going to start community plots in Neill Park and these will be monitored by the
Recreation Department.
Jenni said that when get into the sustainability – there may be requirements placed on developers
such as pervious pavers, roof gardens, etc. The City is looking at what can be done to get private
development involved in this process. An example would be rain gardens which are a city driven
project but could be required of developers as part of their development.
Taylor stated that Chicago has two sets of codes - traditional and green code which allows people
who take advantage of the green code to do so at a lower cost. If someone wants to become
more of a green business here in Burnsville, what is there out there for resources for them? Sue
responded that they are promoting and providing those resources. Taylor said geothermal lines
as part of the utilities are positive and asked if Burnsville has considered them? Sue responded
they’re doing that in Iceland. She said it hasn’t been discussed but is a good option.
Carney said there are numerous developments nation wide that utilize geothermal and share
costs. It is expensive. The Federal government gives tax credit for meeting certain energy star
requirements with appliances. He asked if the City would consider any type of credits to
businesses for upgrading. Sue responded it is part of the matrix and it would be a possibility.
Sjoquist said he liked the idea of reduced green fees. Dakota Electric has an energy grant and if
you remodel and improve your home’s energy use you get a credit.
Richard Thomas encouraged staff to work with developer groups that are looking into
sustainability. It’s more productive to work with them to see what is more realistic as far as cost.
Sjoquist asked if there is someone to discuss the Chicago program with and find out how it’s
working. Sue responded she doesn’t have a contact but that would be a good idea.
Taylor said the more information that they get from other communities that they can present to
the City Council the better.
Sue said sustainability will become part of the Capital Improvement Plan and the Comprehensive
Guide Plan.
Daron said should concentrate on businesses
Boyd said businesses need to work with the City as partner.
Slipka said the utility companies in Burnsville should give input in writing to help quantify the
issue of sustainability. It doesn’t hone in on one target. He said businesses and residents would
like to do things but there is so much information and now it’s under the umbrella of
sustainability.
Richard Thomas said you need all stakeholders at the table. The City needs to be proactive about
informing businesses. The process is started before bringing the stakeholders into the discussion.
VIII. Adjourn
Motion by Slipka, second by Sjoquist, to adjourn the meeting at 9:07 a.m.
“Draft”
MINUTES
JULY 7, 2008
MEMBERS PRESENT
MEMBERS ABSENT
Steve Steuber (Chair)
Eric Spieler
Rhonda Rezac
Len Nachman
Nelson Fitchett (arrived after item #4)
John Wallace
Emma Martin
Mathew Kalmes
OTHERS PRESENT
Deb Garross, City Planner, City of Burnsville
Terry Schultz, Director of Parks & Natural Resources, City of Burnsville
Daryl Jacobson, Water Resources Specialist, City of Burnsville
Vickie Martin, Recording Secretary
Steve Steuber, Chair, called the meeting to order at 7:00 p.m. at the Burnsville City Hall.
1.
Approval of Agenda
No changes were made to the Agenda.
Motion by Nachman, second by Spieler to approve the Agenda as presented
Ayes – Steuber, Spieler, Rezac, Nachman
Nays – None
Motion Carried
2.
Citizens Comments
No citizens’ comments were made.
3.
Approval of Minutes from May 6th, 2008
Motion by Nachman, second by Steuber, to approve the May 6th, 2008 Minutes as presented
Ayes – Steuber, Spieler, Rezac, Nachman
Nays – None
Motion Carried
Burnsville Parks and Natural Resources Commission
Minutes of July 7th, 2008
4.
Review of Meeting Summary from June 2, 2008
No changes noted
9.
Review Final Draft of Proposed Updates to the City’s Water Resources Management Plan
Daryl Jacobson, Water Resources Specialist, City of Burnsville, gave a presentation on the updates to
the Water Resources Management Plan. Comments from the PNRC and City Council were taken into
consideration for the draft plan which was sent out for agency review earlier this year. All of the
comments have now been received and put into the final draft. The revised WRMP proposes to have
one treatment standard for all water bodies. New development projects would be required to remove
90% of the Total Suspended Solids (TSS) and 60% of the Total Phosphorous (TP) from their run-off.
Applicants would also be required to infiltrate the first one inch of run-off volume. New development
would be defined as anything requiring 5,000 square feet of new impervious surface. Redevelopment
would require 70% TSS with 30% TP removal and an infiltration of .5 inch runoff volume. This
includes any project disturbing more than ½ acre. Projects that don’t add impervious service would be
exempt. Ron Leaf, SEH, shared an overview of the comments received from the different agencies
which was included in the background material.
Steuber asked what the next step would be. Schultz stated staff is looking for a recommendation to the
City Council regarding the plan as it is revised.
Motion by Spieler, second by Steuber, to recommend approval of the final draft of the City’s Water
Resources Management Plan to City Council as presented
Nays – None
Motion Carried
10.
Miscellaneous
Schultz shared that Commissioner Eric Spieler is moving out of the community and will no longer be
able to serve on the PNRC. Staff and Commissioners thanked Eric for his years of service.
Schultz also informed the Commission that the next meeting wouldn’t be until August 18th, 2008 due to
conflicts with National Night Out the first week in August.
11.
Adjournment
Motion by Spieler, second by Nochman to adjourn the meeting at 8:25 p.m
2
Minutes of July 7th, 2008
Nays – None
Motion Carried
3
Burnsville, Minnesota
2008 WRMP Update
Summary of Key Agency Comments
June 30, 2008
Metropolitan Council
•
Suggested that the City incorporate the protocols in MnDOT’s Snow and Ice
Control Handbook related to deicing operations on City streets. Added Policy 7.7.
Black Dog WMO
•
Required change to language regarding water quality goals from “Achieve water
quality standards in lakes, streams, and wetlands consistent with intended use and
classification” to “non-degradation of existing conditions and maintaining or
improving water quality relative to current conditions.”
•
New discharges to Manage II wetlands (functioning as storm ponds) must include
pretreatment in the form of at least grit removal. The City has clarified Policy
4.14 relating to new discharges and will require any new discharge point to have
upstream pretreatment consisting of at least grit removal.
•
Require some additional detail on storm water design standards. These details will
be incorporated into the standards in the final Plan – Appendix C.
Lower Minnesota River WD
•
Requires the City to adopt policies to address steep slopes and high erosion
potential. Policy3.6 was modified to address this comment.
•
Requires identifying on a map the location of potential dredge material storage
sites. Additional language and a map have been added to the final Plan.
Vermillion River JPO
•
Buffer Standards. There are some differences in how the City and VRWJPO
wetlands categories are defined and were evaluated. Relative to the buffers
presented in Burnsville’s 2008 Wetland Plan (and copied to Appendix C of the
WRMP), the City’s buffer standards meet the VRWJPO requirements.
•
The VRWJPO has a different system for assigning credit to infiltration systems
than what the City currently uses. The VRWJPO encouraged the city to develop a
similar credit system, but after some discussion agrees that the City’s worksheet
process is a good approach to achieve the same intended result.
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EXECUTIVE SUMMARY
INTRODUCTION
This Executive Summary provides an introduction to the City of Burnsville’s (City)
updated Water Resources Management Plan (WRMP or Plan) and a look into some of
the key issues related to water resources that are facing the City over the next ten to
twenty years. The section begins with a brief history of water resource management
in Burnsville dating back to the 1960’s. Next, the summary provides an overview of
the efforts and philosophy behind recent work to update the Plan. The Executive
Summary closes with an outline of the major Plan sections and a review of two highpriority goals identified in the Plan.
History of Water Resource Management in Burnsville
Burnsville has experienced phenomenal growth in the last forty years, increasing in
population from about 2,700 in 1960 to more than 60,000 today. This growth, along
with topographic constraints in many areas of the City, contributed significantly to
local flooding problems. Numerous small local ponds flooded on occasion because
they had limited storage capacity and no natural overflows. The only solution at that
time was to drain these ponds into other low spots. Ponds that were receiving water
from other locations were subsequently threatened themselves by storm water that
had never been directed to them before, causing legal dilemmas.
The City’s first comprehensive drainage plan was completed in 1966. The 1966
drainage plan addressed extreme fluctuations in water levels on Crystal Lake. On
several occasions in the late 1960's and in the early 1970's, it became necessary to
pump the lake to lower its level. The City ultimately decided to install a gravity storm
sewer system so that the discharge (i.e., lake level) would not be subject to the
uncertainties of a mechanical pump. The next major hurdle was to construct a large
lake/pond north of County Road 42 near the Savage/Burnsville border. The “new”
Sunset Pond was created to accept the surface water from the new homes and
businesses in west central Burnsville and the outflow of water from Crystal Lake.
Shortly after completion of Sunset Pond, the downstream pipes were installed and the
Crystal Lake outlet was finally in-place.
In 1994, the City completed its first generation local water resources plan
(Comprehensive Stormwater Management Plan, OSM). Through the 1994 plan, the
City formalized a policy of using natural ponds and wetlands as part of the storm
Page 1
October 2002 (Revised 2008)
Executive Summary
water drainage system. The City completed its second generation plan in 2002 and
this 2008 plan represents an update to that 2002 plan.
The Lower Minnesota River Watershed District and the Black Dog and Vermillion
River Watershed Management Organizations (WMOs) have in recent years taken
steps towards, or completed, updating their watershed plans. Each of these
organizations have jurisdiction over water resources related issues within portions of
the City. In addition, the U.S. Environmental Protection Agency has instituted a
storm water related permit program (i.e., the NPDES Phase II program) for
communities for which the Minnesota Pollution Control Agency (MPCA) is in the
process of developing the detailed requirements. Burnsville is one of the many cities
in Minnesota that will be subject to these national storm water permit requirements.
Updating the Plan
From about 1999 through 2002, the City worked with stakeholders to identify current
water resource issues and develop a comprehensive strategy for addressing water
resource related issues, with the goal of updating the City’s 1994 plan. City staff
developed a strategy that focuses on water quantity and water quality issues,
incorporates new regulations required by local, state and federal agencies, and builds
on recently completed plans for wetland protection and management, natural resource
management and land use. Staff has expended considerable time and effort gathering
data and resident feedback in preparation and development of this strategy. One of the
key results of these efforts is this comprehensive WRMP.
In addition to City staff, an extensive list of individuals, groups, and committees were
involved in the review and development of the 2002 Plan, including:
•
•
•
•
•
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The City Council;
A Citizen Committee;
Citizens at large via public forums;
The Parks and Natural Resources Commission;
The Economic Growth Committee; and
The Planning Commission.
Preliminary work on the 2008 update started in late 2005 with much of the effort
focused on updating water quality goals on City lakes and on revising the standards
for new and redevelopment projects. As with the original plan, City commissions and
Council were involved throughout the process.
Page 2
Executive Summary
Policy Considerations Regarding Storm Water Management
Which water bodies should have the highest water quality goals?
What City standards are necessary to achieve water quality in lakes, streams and wetlands to be
consistent with intended use and classification?
What steps should be taken to control excessive volumes and rates of runoff (i.e., flooding) and
minimize related public capital and maintenance inputs?
Do extended high water levels warrant significant public expenditures to increase the capacity of the
drainage system?
How can the City proactively continue development/redevelopment efforts and minimize impacts on
water resources?
Do budgets for street sweeping, pond cleaning, lake treatments, etc., need to be increased?
Should the City aggressively pursue a campaign focused on improving water quality?
Profile of the Plan
This Plan represents a unique combination of resource management, regulatory
controls and public works management. State Statutes require that plans be prepared
for each watershed in the seven county metropolitan area. Local (i.e., City) plans
must also be prepared and approved by the applicable watersheds and the
Metropolitan Council. Once approved, the WRMP becomes part of the City’s overall
Comprehensive Plan.
The Plan is intended to guide and help plan for water resources management activities
through 2016. Though long term in focus, the Plan has numerous future decision
points related to recommended capital improvements and ongoing inspection,
maintenance and monitoring activities. The WRMP will leverage the resources of the
City, watershed management organizations (WMOs) and adjacent communities to
produce effective results.
This Plan will also play an important role in addressing excess volume and water
quality treatment issues such as those raised by the citizen committee involved in
updating the City’s shoreland ordinance. This group identified significant water
volume (i.e., flooding) concerns and water quality issues. In addition, further
development of storm water standards will help address many of the important water
resource issues. Establishment of impervious cover criteria and pretreatment
requirements for stormwater will help protect and enhance the City’s existing water
resources. Incorporating the Comprehensive Wetland Protection and Management
Plan and the Natural Resources Master Plan into this WRMP will provide the City
with a true “Integrated Resources Management” approach to managing its natural
resources.
Page 3
Executive Summary
Figure 1 - The Planning Challenge.
Ecology Economy
Conservation and
land stewardship
Economically
viable urbanization
Culture
Livable communities
with a high quality
of life
Balancing ecology and economy
to establish the desired culture.
As illustrated in Figure 1, the challenge for the Plan is to strike an appropriate balance
between economic and ecological issues to maintain and enhance the desired culture
in Burnsville; a culture based on a livable community with a high quality of life. This
Plan is a unique combination of ecology, culture and economy.
The planning approach goes well beyond reacting to problems after they occur and,
for the purposes of this Plan, the following steps define the process:
1. Assessing the current condition of water resources;
2. Establishing realistic, attainable, and affordable goals that can be
implemented;
3. Developing strategies and priorities for achieving those goals;
4. Implementing long-term monitoring and public information programs; and
5. Supporting the strategies with adequate funding.
Many water quality plans that are developed on the basis of a storm drainage
philosophy offer only water quality treatment solutions. Burnsville’s strategy will
first focus on pollution prevention and runoff volume reduction followed by water
Page 4
Executive Summary
quality and quantity treatment. Through an integrated effort beginning at the
community and local level, the City’s water resources can best be protected.
The WRMP is a single comprehensive strategy that addresses the City’s existing and
future water resource needs in a proactive manner while promoting both citizen and
business participation. The primary focus of the Plan is to identify strategies to
achieve the City-established End Statement on the environment.
“People find Burnsville is an environmentally sensitive community ensuring
preservation and enhancement of its natural resources.”
SECTIONS OF THE PLAN
The sections of this Plan are summarized in the following pages. Several topics are
presented in greater detail in this overview of the Plan, in part to emphasize their
importance. A few of the more significant water resources issues facing the City in
the coming years are also highlighted.
Land and Water Resource Inventory
This section of the Plan includes a collection of previous studies conducted in
Burnsville as well as water resource information from a range of other sources.
Information is presented on: climate and precipitation; soils, geology and topography;
surface water, ground water and wetland resources; land use and utilities; natural
communities and rare species; public and water-based recreation areas; the Minnesota
Valley National Wildlife Refuge; and navigation and pollutant sources.
Goals and Policies
The Plan establishes goals across 12 perspectives. These goals satisfy Minnesota
State Statutes, §103B.235, and Minnesota Rules Chapter 8410, which establish
requirements for the content of local water resource management plans. The 12 goals
of this Plan are summarized in Table 1. Additional background information on two
of the highest priority goals (Goal 1-Water Quantity and Goal 2-Water Quality) is
presented following Table 1.
Page 5
Executive Summary
Table 1 - Summary of Plan Goals.
Goal
Number
1
Goal
Goal Statement
Water Quantity
(Flood Control)
Control flooding and minimize related public capital and
maintenance expenditure necessary to control excessive volumes
and rates of runoff.
2
Water Quality
Achieve water quality standards in lakes, streams, and wetlands
consistent with the intended use and classification and to
maintain or improve water quality relative to current conditions.
3
Erosion Control
Minimize soil erosion through increased education and
enforcement.
4
Wetlands
Maintain or increase wetland acreage and increase wetland values
in accordance with the adopted Comprehensive Wetland
Protection and Management Plan.
5
Public
Participation,
Information and
Education
Increase public participation and knowledge in management of
the water resources.
6
Monitoring
Implement a comprehensive water resources monitoring program.
7
Maintenance and
Inspection
Preserve the function of water resource facilities through routine
inspection and regular maintenance activities.
8
Recreation, Fish
and Wildlife
Manage water recreation activities and improve fish and wildlife
habitat.
9
Ground water
Prevent contamination of the aquifers and promote ground water
recharge.
10
Regulatory
Responsibility
Maintain regulatory authority at the local level while recognizing
the role of other local, state and federal entities and complying
with specified programs and requirements.
11
Finance
Establish funding sources to finance water resources management
activities.
12
Land Use
Recognize the relationship between land use cover and water
resources management.
More on Goal 1: Water Quantity
At the August 15, 2000, Council work session, there was a clear consensus that water
quantity issues should be the highest priority in the Plan. A summary of four of the
significant needs identified in the 2002 WRMP is provided below.
Earley Lake. Following a flood event in July 2000, interest in developing an
immediate solution to the Earley Lake problem was renewed as one of the top
Page 6
Executive Summary
priorities for storm water management in the City. A feasibility study was
completed in the spring of 2001 that explored several alternatives to reduce or
eliminate these problems. Two alternatives from the report were selected by the
City Council as capital improvement projects. Hydrologic/hydraulic modeling for
Earley Lake assuming both improvements showed a significant reduction in the
flood levels for a 100-year storm event. Construction began in the fall of 2001 and
was completed in the spring of 2002.
Northeast Burnsville - River Hills. Heavy rains in July 2000 focused attention on
area-wide drainage problems in northeast Burnsville. A detailed model of pipe
capacities was completed as part of the planning process. The model is based on
field-verification of the in-place drainage system and a specific analysis of the
inlet capacities of existing catch basins. Improvements at Galtier/Highway 13 and
Chandler Court Pond were implemented during late 2000 and early 2001.
Improvements in water quality also resulted from this project.
Additional storm sewer improvements that will address flooding problems in
northeast Burnsville continue to be completed as part of the City’s annual street
reconstruction program.
South Twin Lake. Local flooding relative to existing flood easements continues
to be a problem. Modifications to the existing outlet structure were made to
reduce the chances of the outlet plugging during large rainfall or runoff events.
Crystal Lake. Crystal Lake’s high water levels have created concerns relative to
lost recreational opportunities and shoreline erosion. Modifications to the outlet
system were identified that will significantly reduce the duration of high water
levels on the lake. During the July 2000 public meeting, Crystal Lake residents
indicated that their preference was to first address water quality issues on Crystal
Lake. Therefore, structural modifications of the Lake’s outlet system have been a
lower priority in the Plan.
More on Goal 2: Water Quality
The goal setting process for Burnsville lakes revolves around their recreational
suitability. In 1990, the MPCA completed a questionnaire survey related to negative
lake user perceptions (Heiskary, S. and C. B. Wilson, 1990). The survey involved
200 participants within MPCA's Citizen Lake Monitoring Program. The survey
focused on individual perception of both the physical appearance of their lake, along
with the perceived impacts on whole-body contact recreation (i.e., swimming).
Results were analyzed as a function of Secchi disc transparency. Figure 2 illustrates
how citizen perception drops with water transparency and how it relates to the
Metropolitan Council’s grading system.
Page 7
Executive Summary
Clarity/Transparency (meters)
Figure 2 - Citizen Perception of Lake Quality versus Lake Clarity
5
Grade A
4
Mid - “C” is Swimmable
1.7 meters ( 5.5 feet) clarity
3
Grade B
2
1
*
Grade C
Grade D
Grade F
0
Beautiful/
clean
Minor Impact
Some Algae
Swimming
No use
No Swimming
Impaired Definite High Algae Severe Algae
Algae
The water quality objectives of the Plan are centered on Burnsville lakes that support
a full range of recreation uses including full-body contact recreation (i.e., they are
swimmable). The priority lakes include Lac Lavon, Crystal Lake, Lake Alimagnet
and the future (Kraemer) Quarry Lake. In addition, other significant water bodies
have specific water quality goals established based on community input.
During the annual planning session in January 2000, the City Council discussed the
issue of having “Grade B” lakes in Burnsville. The idea stems from a system used by
the Metropolitan Council to establish lake quality report cards. The Metropolitan
Council grading system ranges from A (best) to F (worst). The grading curve
represents three water quality indicators as shown in Table 2.
Table 2 - Lake Grades and Lake Water Quality.
Grade
A
B
C
D
F
Page 8
Total Phosphorus
(µg/l)
<10
10-30
30-70
70-90
>90
Chlorophyll a
(µg/l)
23
23-32
32-68
68-152
>152
Secchi disc
(meters)
>3.0
2.2-3.0
1.2-2.2
0.7-1.2
<0.7
Executive Summary
The three variables used in the grading system strongly relate to open-water nuisance
aspects of a lake such as algal blooms. These conditions can also indicate accelerated
cultural eutrophication (i.e., aging). In-lake phosphorus levels are related to the
abundance of algae, chlorophyll a is a measurement of algae abundance and Secchi
disc transparency relates to the appearance of the lake. This data supports the
conclusion that the less algae in the lake, the better the clarity. Nuisances such as
aquatic macrophytes (i.e., weeds) are not indicated with this grading system. Recent
grades of selected lakes within the City are summarized in Table 3.
Table 3 - Grade of Selected Lakes in Burnsville.
Lake
Crystal Lake
Keller Lake
Lac Lavon
Wood Pond
Twin Lakes
Earley Lake
Sunset Pond
Lake Alimagnet
Approximate ‘Grade’
(1994 to Present)
Consistently considered “C”
Often considered “D”
Consistently “A”
Sometimes “B”, often “C”
Upper end of “C”
“C”
Upper end of “C”
Often considered “D”
Based on the 2002 status (i.e., grade) of selected Burnsville lakes as shown in
Table 3, the question was asked: “Is it possible to achieve Grade B lakes in
Burnsville?” Certainly in the case of Lac Lavon, the goal should remain Grade A, as
should the goal for future Kraemer/Quarry Lake in northwest Burnsville. But for the
other significant water bodies, the question is one of dollars and practicality. If we
throw enough dollars at any water body it is possible to achieve Grade B quality.
However, the means and methods necessary to achieve the goal, if even financially
feasible, still may not be acceptable to the public.
Based on citizen input, the City Council established the lake clarity goals shown in
Table 4. For the purpose of future management, the goals will shift from an overall
lake grade (i.e., A to F) to the Secchi disc transparency listed in Table 4.
The 2008 Plan includes updates to the water quality goals for Lake Alimagnet,
Crystal Lake, Keller Lake based on studies completed after the publication of the
2002 Plan. Twin Lake has also been separated into two water bodies, North and South
Twin, for the purposes of future management and each has its own water clarity goal.
The completed studies detail new water quality goals and proposed capital
improvement projects intended to facilitate improvements to meet the revised goals.
Page 9
Executive Summary
Table 4 - Lake Clarity Goals.
Lake
2008 Clarity
Goal (meters) 2
2002 Clarity
Goal (meters) 2
3-Year Average
Clarity
(meters)1
3.6
3.6
2.1
TBD
1.3
1.7
1.8
1.7
1.7
1.4
3.6
3.6
2.6
1.7
1.7
1.7
1.7
1.7
1.7
1.7
To be developed
3.8
N/A – Future Lake
1.7
1.5
0.6
1.7
1.3
2.4
1.7
1.7
No data available
Lac Lavon
Quarry Lake
Crystal Lake
Wood Pond
Lake Alimagnet
Earley Lake
Keller Lake
Sunset Pond
North Twin Lake
South Twin Lake
Black Dog Lake
1. Average of most recent three years monitored.
2. Revised 2006 Plan Update
The basics premise behind revising these goals is to establish realistic clarity goals,
such that when the goal is met, it will allow the water body (if impaired) to be
removed from the impaired waters list. The revised clarity goals are based on the
most recent lake monitoring data and lake management plans prepared for each water
body. The Water Resources Management Plan allocates funding to implement the
strategies indentified in the lake management plans to achieve these revised goals.
The City will re-evaluate all water quality goals when this Plan is updated in 2016 to
consider whether clarity goals should be adjusted or added for any of the
community’s water bodies. For waters that are impaired, the City plans to work
cooperatively with the local watershed organizations and MPCA to convert the lake
management plans in to Total Maximum Daily Load (TMDL) studies.
Watershed Assessment
The Watershed Assessment section is intended to facilitate decision making and
future goal setting. Through a comparative analysis of the subwatersheds, a method
for developing an implementation schedule for future improvements and management
activities is established.
The City’s existing hydrologic model was updated as part of the planning process.
The updated model includes recent modeling efforts at Keller, Crystal and Earley
Lake, incorporation of Lakeville data in the Crystal Lake subwatershed and review
and revision of existing subwatershed boundaries, land use and outlet structure
inconsistencies.
Page 10
Executive Summary
Burnsville lies within the larger Minnesota River Basin in east central Minnesota.
Within Burnsville, the Minnesota River Basin includes several smaller watershed
units including the following three:
•
•
•
Vermillion River Watershed
Black Dog Watershed
Lower Minnesota River Watershed
Each of these watersheds is discussed in detail in a separate section of the Plan. A
total of twelve action and implementation plans are presented for individual lakes and
subwatersheds located within these three watershed units.
Implementation
The Implementation section is the final section of the Plan. It is intended to provide
guidance in carrying out the Plan objectives. The implementation section summarizes
capital improvement projects, studies and ongoing maintenance, inspection,
monitoring and other management activities recommended for the years 2002 through
2016. Estimated costs of recommended actions and an implementation schedule are
provided for each of the next fifteen years. Procedures for amending the Plan are also
discussed.
The implementation plan is based on goal-driven action plans. The process of
developing the action and implementation plans is based on four steps:
1.
Development of goal statements consistent with Minnesota Rules Chapter
8410, the WMOs and Metropolitan Council;
2.
Identification of issues or problems related to achieving the goals;
3.
Identification of solutions corresponding to each of the issues; and
4.
Development of specific action steps, including identification of resources,
measurement, schedule and cost.
Based on the action plans from each Plan section, a process for accomplishing the
goals of this WRMP is established.
Implementation Tools
Throughout the planning process, staff has worked to develop a collection of tools to
help achieve the goals and objectives of this Plan. The process for applying these
tools is illustrated in Figure 3.
Page 11
Executive Summary
Figure 3 - Water Resource Planning Flowchart.
Set Desired
Water Resource
Goal
Revise
Goal
No
Identify Tools and
Policies to Achieve
Goal
Are the
Tools and Policies
Acceptable?
Yes
Complete Plan
To answer the question in Figure 3, “Are the tools and policies acceptable?’ requires
careful consideration of Ecology (conservation and land stewardship), Economy
(economically viable urbanization) and Culture (livable communities with a high
quality of life). This Plan sets out to help answer the question by prioritizing key
actions over the next fifteen years to balance Ecology, Economy and Culture in a way
that achieves the water resource goals of the City.
The implementation “tool box” for retrofitting existing systems or for new
development/re-development projects contains a wide range of practices. The
following list summarizes many of the available tools that were considered during the
planning process, and will be used as applicable:

Page 12
Runoff Pre-treatment
On-site Runoff Storage and Treatment
Maintenance and Housekeeping
Landscape Techniques
Low-Impact Development (LID) Practices
Reduced Impervious Cover
Infiltration
Phosphorus Ban
Retention Basins
Weed Harvesting
Dredging
Increased Monitoring of Water Quality
Public Education and Involvement
Partnering with Lake Homeowners, Watersheds and Other Communities
Distributing Costs in an Equitable Manner
Executive Summary

Regulatory Tools
Rural Street-Sections
Improvements or Changes to Sand/salt Applications
Reduced Parking Area or Pervious Pavements
Utilizing Grants to the Fullest Extent
Of the multitude of tools available, regulatory tools focused on maintaining local
control are extremely important. Examples of regulatory tools include erosion control,
wetland protection and groundwater protection ordinances and/or standards.
Shoreland and storm water ordinances also fall into this category. A full review of
existing zoning and land use regulations will be undertaken to ensure that existing
City regulations do not prohibit the use of innovative storm water management
initiatives or pilot projects.
Compliance related activities also fall under the cover of regulatory tools. Future
issues such as Total Maximum Daily Loads (TMDLs) and Federal Storm Water
permitting are two such examples.
By establishing priorities, cost estimates and schedules the City has the tools to reach
goals that are realistic, attainable, affordable and that can be implemented. Inspection
and maintenance activities are expected to increase along with additional monitoring,
public involvement and capital improvement projects. To finance these new activities,
the City must also investigate and implement new funding alternatives.
Implementation Costs
The financial goal for this WRMP is to establish equitable funding sources to pay for
water resources management activities. Following a detailed analysis and
prioritization process for the recommended capital improvement projects and ongoing
activities of this Plan (in 2001-2002) a 10-year project and activity implementation
schedule was presented to City committees. The 10-year Plan had an estimated total
cost over the 10-years of $24.6 million. While there was generally broad support for a
10-year implementation plan from 3 of 4 committees, there were also concerns for the
financial impact of the Plan on industrial and commercial property owners. The
Economic Growth Committee recommended a 20-year schedule.
Council subsequently approved the plan with a 15-year implementation schedule and
an estimated cost over the next fifteen years of $27.3 million (in 2002 dollars). The
additional costs of the 15-year schedule, as compared to the 10-year schedule, result
from the additional 5-years of annual operating costs and anticipated ongoing project
costs (e.g., storm sewer replacement program and pond clean out program). Table 5
includes the actual expenditures for the years 2002 through 2006 designated by an
“A” following the number and revised annual expenditures based on the 2008 WRMP
Update designated by an R following the number.
Page 13
Executive Summary
Table 5 - Implementation Plan Summary.
Year
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Total
2002 WRMP
Estimated Expenditures
($ Million) (1)
1.76
1.57
1.59
1.71
1.89
1.76
1.93
1.89
1.89
1.89
1.89
1.89
1.89
1.89
1.89
27.3
Actual (A) or Revised (R)
Expenditures
($ Million) (2)
1.38 (A)
1.69 (A)
1.65 (A)
1.54 (A)
2.15 (A)
1.34 (R)
5.22 (R)
2.93 (R)
2.09 (R)
1.47 (R)
1.61 (R)
1.08 (R)
1.08 (R)
1.08 (R)
1.08 (R)
27.4 (R)
1. All values are in 2002 dollars.
2. Values are actual dollars through 2006 and estimated amounts for 2007-2016 in 2006 dollars.
Relative to historical levels, the storm water utility fund was increased in 2001 and
2002 to help address the increased commitment to water resources management.
Future increases will be needed to meet the needs of the Implementation Plan. Any
increases in the storm utility fees resulting from the implementation plan would only
apply to the 15-year plan schedule.
There is strong consensus that the new costs should be apportioned based on overall
property contributions to runoff and pollutant loading. This is the current philosophy
behind the City’s storm water utility. In addition, a renewed focus will be placed on
securing grants, enlisting regional watershed funding, seeking local partnerships with
adjacent communities and investigating other financing mechanisms like Lake
Improvement Districts.
Staff’s intent is to revisit the goals, policies, tools and progress of the Plan on a threeyear basis. The three-year average water quality results will be reviewed, the
effectiveness of regulatory programs will be evaluated, and the success of public
improvement projects will be assessed. Based on the three-year reviews, the WRMP
will be updated to produce a truly dynamic plan.
Page 14
CITY OF BURNSVILLE
ACTION:
_____ New Policy
_____ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
09/02/2008
12
______ Housekeeping
PRESENTER
Deric Deuschle, Wetland Scientist S.E.H.
ITEM
Consider Approval of the Updated Comprehensive Wetlands Management Plan
Staff recommends adoption of the Updated Comprehensive Wetlands Management Plan
FACTS
The current Wetlands Management Plan (WMP) was approved in 1998. The purpose of the WMP is to
inventory the existing wetland resources in our community and establish management strategies to protect
and preserve those resources. Likewise, the WMP should support and compliment the water resources
plan strategies and policies.
It is important the plan be updated periodically to meet new permit regulations, incorporate new
information, take advantage of technological advances, and to update the city’s strategies and policies
regarding management of our wetlands. It is also important the plan be updated periodically to evaluate
any changes that are occurring to our wetland resources. An initial review of the updated plan was shared
with City Council at a Worksession in April of 2007 (Minutes attached).
Since that Worksession staff has shared the proposed changes to the WMP with the Planning Commission
(6/11/07), the Economic Growth Committee (7/10/07), and the Parks and Natural Resources Commission
(4/1/08). Minutes from these City Committee/Commission meetings are attached for Council’s review.
All of the City Committee/ Commissions are recommending approval of the proposed updates to the
Wetlands Plan.
The proposed revisions to the City’s WMP were also incorporated into the Draft Comprehensive Plan
which Council has reviewed.
this discussion.
ISSUES
The updated WMP was also distributed for public comment and agency review per State of MN
requirements. Minor revisions were made to the plan as required based on agency feedback. The
Wetlands Plan as proposed does meet the requirements of all the agencies involved in the review process.
At the meeting staff will provide an overview of the updated Wetlands Plan, and highlight the changes
that are being considered and the comments received during the agency review period.
this discussion.
Attachments: Executive Summary
Summary of Proposed Wetland Management Strategies
PNRC Minutes 4/1/08
City Council Worksession Minutes 4/24/07
Economic Growth Committee Minutes 7/10/07
Planning Commission Minutes 6/11/07
Summary of Agency Comments
DJJ
Wetland Management Plan
April 2008 – Final Agency Reviewed Draft
Executive Summary
The City of Burnsville (City) covers approximately 17,282 acres, of which approximately 2,785
acres, or 16 percent, are wetlands or other water features. These surface water resources include
six lakes, 266 wetlands, 59 storm water or other created ponds, and portions of three designated
trout streams that are located wholly or partially within the City. Wetlands alone constitute 1,824
acres, or about 11% of the city area. One of the most prominent features in the City is the
Minnesota River and the extensive backwater and wetlands associated with it. The Minnesota
River associated wetlands and Black Dog fen within the Minnesota Valley National Wildlife
Refuge account for 913 acres, or about half of the wetland habitat within the city limits.
The City of Burnsville is located at the northern boundary of Dakota County (Figure 1). The City
includes portions of four watersheds; the Black Dog, Lower Minnesota River, Vermillion River,
and Credit River (Figure 2). These watersheds are managed by several watershed organizations,
of which the City is an active member. This Plan has been drafted to comply or exceed the
requirements of these organizations.
This Wetland Protection and Management Plan has been developed to provide the City with an
updated wetland inventory and functions and values analysis, to provide enhanced management
strategies to preserve and protect the wetland resources, and to comply with local watershed
organizations plans. The regulatory framework developed in this Plan will be incorporated into
the City’s existing planning and zoning regulations and implemented by ordinance. This Plan is
an update to the original Plan completed in 1998.
Wetlands within the City have been classified into four categories to provide a range of protection
standards. These categories are Protection, Improvement, Management, and Management II. The
first three categories are unchanged from the 1998 inventory and Plan. The exception to this is the
automatic classification of any Outstanding Resource Waters as Protection. The validity of the
1998 classification system was tested using the Minnesota Routine Assessment Method Version
3.0 (MnRAM) to see if the older classes continue to accurately represent the wetland functions
and values. Comparison of a subsample of the of the 1998 inventory to the MnRAM-derived
classifications demonstrated that the older inventory was equal or more conservative than the
more current methods, and was therefore still acceptable. A new category, Management II, has
been added to the updated Plan to provide a category for wetlands currently being used for storm
water management purposes, but would be regulated as a wetland.
This Plan update includes:

Updated inventory of the wetlands in the City; including accurate mapping, functions and
values analysis, and classification;

Differentiation of regulated wetlands from other water features;

Development of regulatory and non-regulatory options for wetland preservation and
protection;

Identification of potential wetland mitigation sites within the city;

Refinement of a GIS-based wetland management system.
Purpose of the Plan
The purpose of this Plan is to establish a comprehensive wetland protection and management
program to protect, conserve, and manage the wetlands within the City. The Plan also recognizes
that development and redevelopment will continue well into the future, and will serve as a guide
for City staff and developers to follow as they evaluate the potential impacts of a given project.
The Plan will serve as the toolbox for the City, and includes the best available mapping of the
wetlands and water resources, differentiation of wetlands from other water features, and
development of regulatory policies and goals. This Plan is also intended to meet or exceed the
requirement of the watershed management organizations within the city, and allow the City to
continue managing its wetland resources in accordance with the Plan.
Basis for the Plan
This Plan has been prepared following the requirements of Minnesota Rule Chapter 8420.0650,
Local Comprehensive Wetland Protection and Management Plans. These statutes and rules allow
for the City to regulate wetland policy, provided that minimum standards are met. The planning
process must include the following:

Provide for resource agency and public participation;

Wetland functional assessment information for the plan area;

High priority area identification;

Meet no-net loss of wetlands within the plan area;

Follow Wetland Conservation Act requirements; and

Adopt a local ordinance that implements the plan.
This Plan has also been prepared with the requirement that it comply with the standards of the
local watershed management organization plans. The City is located within four major watershed
units as shown in Figure 2. These watersheds are regulated by three organizations including:
Black Dog Watershed Management Organization (BDWMO), Lower Minnesota River Watershed
District (LMRWD), and Vermillion River Joint Powers Organization. The fourth watershed,
Credit River, is administered by the BDWMO for the portion of the watershed within Dakota
County.
Goals and Objectives
The main objective for the updated Wetland Protection and Management Plan is to provide a
current inventory of the wetland resources in the City, differentiate regulated wetlands from other
water features, and develop a comprehensive approach to regulate and protect wetlands based on
wetland functions and associated public values.
This Plan includes an update of the results of a complete field inventory of the City along with an
assessment of the quality of the wetland resources completed in 1998. It is intended to provide a
guide for City staff and residents to make informed decisions about the future development and
redevelopment of the City with respect to the protection, conservation, and management of
wetland resources.
Wetland Inventory Database
The 1998 wetland inventory was reviewed and updated using recent high-resolution aerial
photographs. The previous inventory used field-based attributes, but the boundaries were based
on the National Wetlands Inventory (NWI) (Figure 4). The NWI is a good reference, but is not
accurate enough to substitute for a current wetland inventory. This revised database replaces the
former inventory. Review and updating of the 1998 inventory was needed as many of the former
basins were not mapped correctly, mapped basins were not present, and some wetlands may have
been missed. The results of the 2006 inventory are shown in Figure 5, which includes the
management classification for each wetland. The official inventory will reside within the City’s
GIS database.
Classification of Wetland Basins
Each basin within the city has been classified into one of four categories. These categories are the
basis for which protection standards have been established. The 1998 inventory attributed
classifications based on the Natural Resource Evaluation, supplemented with data from the City’s
1994 Storm Water Management Plan, the Dakota County Biological Survey and other sources.
The database and supplemental information were used to determine the classification of each
wetland basin by sorting the data according to total points and applying the ranking strategy. The
resulting classifications include the following:

Protection Areas - Basins with Native Grades of A or B, sites with complete Community
Structure, any sites supporting rare species, and any sites within or adjacent to significant
natural communities as identified by the Dakota County Biological Survey. This is
comparable to the Preserve Classification used in the MnRAM.

Improvement Areas - Basins with 3 of 4 of the Community Structure criteria, sites greater
than ten acres in size, Minnesota Department of Natural Resources Protected Waters and
Wetlands (Public Waters), and basins within existing City parks that are not classified as
Protection Areas. Although there is some overlap, this classification is similar to the Manage
I and Manage II MnRAM classifications.

Management Areas - Remaining wetlands, but generally of low quality and located outside of
protected areas. Management wetlands are also likely to receive untreated storm water runoff,
but have not been altered to enhance treatment capabilities. This classification is comparable
to the Manage II and Manage III MnRAM classifications.

Management II Areas – These basins include any of the water features that may have been
historic wetlands, and would remain subject to the requirement of the Wetland Conservation
Act. These basins will have minimal protection standards as they currently function primarily
to provide storm water management.
A detailed description of the classifications and ranking strategy is included in the Wetland
Inventory and Classification section of this report.
In 2006, the older classification system was reviewed to determine if the wetland designations
were still accurate and comparable to more recent assessment methods. To accomplish this,
random samples of ten wetlands from each of the management classes were selected for review
using the Minnesota Routine Assessment Method Version 3.0 (MnRAM). This provided a total of
30 basins to be assessed and compared to the older classifications. A detailed discussion of the
comparison is included in Section III, however it has been determined that the existing
classification system remains adequate or even more protective than the comparable MnRAM
classification.
Wetland Restoration Areas
In addition to identifying the current wetlands, the plan update has identified areas of potential
wetland restoration. This has been completed by comparing the updated inventory, mapped
hydric soils, the National Wetlands Inventory, current land use, and recent and historic aerial
photographs to identify areas that have the potential to either be restored or created wetland.
Several areas, mainly along the northern 1/3 of the City, have been identified. These areas have
been shown in Figure 5.
Major Changes from 1998 Plan
While much of this plan is a general update to the 1998 plan, there are some areas of significant
change that should be identified. Although described in greater detail in the main document, the
following are major changes of note:
1. The wetland inventory has been refined to separate wetlands from other water features. This
includes a removal of lakes and created ponds from the wetland inventory. The result of this
is that a direct comparison of wetland areas from 1998 to 2006 would reflect a significant
decline. This is not accurate, however, as lakes and ponds have been categorized as nonwetland features. In reality, the amount of wetland is unchanged.
2. Storm water ponds that were created since 1998 and are in upland soils have been excluded
from the wetland inventory, but have been included as a separate GIS coverage and discussed
in the Surface Water Management Plan.
3. Storm water ponds that may still be WCA regulated have been classified as a new
management classification called Management II. This allows them to remain in the
inventory as wetlands, but have appropriate management strategies applied to them.
4. The buffer requirements have been changed from a standard setback of 20 feet for all
wetlands to a setback of 20 feet for Management II, 25 feet for Management, 35 feet for
Improvement, and 50 feet for Protection.
5. Storm water pretreatment requirements have been improved to require removal of 90% of
total suspended solids (TSS) and 60% of total phosphorus (TP) for areas of new development,
and 70% of TSS and 30% TP removal for areas of redevelopment. Infiltration requirements
have also been established. All wetlands within the Black Dog WMO require pretreatment
prior to discharge. All of these are regulated in accordance with the updated Surface Water
Management Plan.
6. Hydrologic guidelines have been changed to be more specific for the wetland management
classes. Protection wetlands will require that excess hydrology be diverted if it is isolated or
does not currently received storm water. If a Protection basin is not isolated, or currently
receives untreated discharge, than the bounce on a 10-year event must be less than 6 inches,
and must not exceed existing inundation by more than 1 day for 1 and 2 year events and 3
days on a 10 year event. Improvement basins allow for a bounce on a 10-year event of 9
inches, and inundation duration to be existing plus 3 days for 1 and 2 year events, and 5 days
for 10-year events. Management basins allow for a bounce on a 10-year event of 12 inches,
and inundation to be existing plus 5 days for 1 and 2-year events and 15 days for a 10-year
event. Outlet controls standards have also been established to limit water level manipulations.
Regardless of classification, there shall be no hydrologic alteration to any basins dominated
by native vegetation and reflect pre-settlement conditions.
Summary of Proposed Wetland Management Categories and Strategies
Management
Class
Protection
Improvement
Management
Management II
Management Strategy
Storm Water Treatment
Maintain wetland and existing
functions, values and wildlife
habitat. Possible need for active
management of wetland to
protect unique features. Apply
strict avoidance standards. May
be appropriate to develop a
conservation easement.
New Development Treatment to 90% TSS
removal, 60% TP removal,
1.0 inch infiltration volume
where allowed
Maintain wetland without
degrading existing functions,
values and wildlife habitat.
Apply WCA sequencing
process.
Rate controls - no increase
from existing conditions for
1 or 2, 10 and 100 year
events
Maintain wetland footprint.
Improve wetland biological and
plant community
diversity/integrity or enhance
other functions if possible.
Apply WCA sequencing
process. Consider for restoration.
Consider sequencing flexibility
with justification
Maintain storm water treatment
Burnsville, Minnesota
Wetland Protection and Management Plan
Minimum
Buffer
50 feet
Require
monuments
to mark
buffer edge.
Mitigation Standard
WCA minimum or greater replacement
ratio with documented replacement of
functions/values. Consider requiring
buffer replacement. Emphasis on
replacement within watershed
Storm water modeling
needed if more than 5,000
square feet of new
impervious or more than
one half acre disturbed
See Water Resources
Management Plan for more
detailed design criteria
Pretreatment required,
minimum of grit removal,
required to existing storm
water ponds that have
capacity for the contributing
area
Require
monuments
to mark
buffer edge.
25 feet
Require
monuments
to mark
buffer edge.
20 feet
If isolated or currently not
receiving storm water:
Maintain existing hydrology—
divert increased flows.
If flow-through or currently
receiving discharge
Bounce (10 yr): Existing + 6”
Inundation (1 & 2 yr): Existing
plus 1 days
(10 yr): Existing plus 3 days
Outlet Control:3 No Change
Redevlopment - Treatment
to 70% TSS removal, 30%
TP removal, 0.5 inch
infiltration volume where
allowed
35 feet
Hydrologic Guidelines
ratio. Emphasis on replacement of
functions and values on-site
Bounce (10 yr): Existing + 9"
Inundation (1 & 2 yr): Existing
plus 3 days
(10 yr): Existing + 5 days
Outlet Control:2 No Change
ratio. Emphasis on replacement of
functions and values on site if possible.
Allow sequencing flexibility if
MnRAM 3.0 data supports Manage 3
Classification
Bounce (10 yr): Existing + 12”
Inundation (1& 2 yr): Existing
plus 5 days
(10 yr): Existing + 15 days
Outlet Control: 2 0 to 2.0 ft above
existing outlet
May be subject to WCA, Allow
sequencing flexibility
See Water Resources Management
Plan for more detailed design
criteria
E-2
August 2008
“DRAFT”
MINUTES
April 1st, 2008
MEMBERS PRESENT
MEMBERS ABSENT
Mike Hughes (Chair)
Steve Steuber (Vice-Chair)
Tracy Stewart
Rhonda Rezac
Pat Arnold
Eric Spieler
John Wallace
OTHERS PRESENT
Randy Oppelt, Director of Parks & PW Operations, City of Burnsville
Terry Schultz, Director of Natural Resources, City of Burnsville
Daryl Jacobson, Water Resources Specialist, City of Burnsville
Deric Deuschle, SEH, INC
Marie Maczko, Recording Secretary
Chair, Mike Hughes, called meeting to order at 7:00 p.m. at Burnsville City Hall in the
Council Chambers.
1. Approval of Agenda
Motion by Steuber, second by Hughes to approve the Agenda as presented.
Ayes – Hughes, Steuber, Stewart, Rezac, and Arnold
Nays – None
Absent – Spieler and Wallace
Motion Carried
2. Citizen Comments
No citizen comments were made.
3. Approval of Minutes from March 4th, 2008
Motion by Hughes, second by Arnold to approve the Minutes of the March 4th, 2008
Minutes as presented.
Nays – None
Motion Carried
Minutes of April 1st, 2008
4. Review Wetland Permit and Replacement Plan for the Construction of an Office
Warehouse Building Located Between County Rd. 5 and Oliver Avenue.
Terry Schultz, Natural Resources Director, noted that this item will need to be
continued to a special meeting tentatively set for April 15th, 2008 at 7 p.m.
No formal action taken on this item
5. Review Final Draft of Proposed Updates to the City’s Wetland Protection and
Management Plan.
Daryl Jacobson, Water Resources Specialist, City of Burnsville, gave a brief
background stating that the current Comprehensive Wetland Protection and
Management Plan (Wetlands Plan) was developed and approved in 1998. The
purpose of the Wetlands Plan is to inventory the existing wetland resources in our
community and establish management strategies to protect and preserve those
resources. He added that the City is in the process of update the existing Wetlands
Plan and the initial review of the proposed updates to the Plan were brought before
the Commission at a Worksession in January of 2007. The revisions suggested by the
PNRC at that meeting have been incorporated into this revised draft Wetlands Plan.
Since the 2007 meeting, staff has sent notices to all residents and businesses that own
property adjacent to a wetland to make them aware of the proposed wetland
regulation changes. Residents and business owners were also invited to a meeting to
discuss the changes and submit comments if they were so inclined.
Jacobson then invited Deric Deuschle, SEH Consultant, to summarize the changes
that have occurred since the last review by this Commission. Listed below are the
changes:
•
•
•
•
•
•
•
•
•
•
•
Verify qualification of staff used to manage the plan components.
Document public input process to ensure adequate opportunities are available
for participation.
Explanation of the methodology used in determining storm water ponds.
Use wetland “type” rather than “classification” to determine hydrology.
Added flexibility to language to stay current with potential Wetland
Conservation Act regulatory changes.
Improve the text to clarify the process for re-classifying wetlands.
Change the map to identify the water bodies protected by the Shoreland
ordinance.
Add Twin Lake and Wood Park to the wetland inventory.
The total area of Burnsville has been corrected to 17,282 acres.
Figures 1 and 2 have been updated
The Eggers and Reed Classification system description has been added.
Deuschle noted that with these changes, feedback received from outside agencies on
the Wetlands Plan has been positive.
Page 2 of 5
Hughes summarized by noting that the Wetlands Plan will become part of the City
ordinance. As applications are received and reviewed by staff for development
and/or redevelopment, this plan will be referred to in terms of determining if an
application will impact a wetland resource and what measures must be taken to
protect the wetlands in our community (e.g. setbacks).
The floor was opened for public comment. There was no one in the audience that
wanted to provide comments.
Motion by Hughes, second by Arnold to recommend approval of the proposed
updates to the Wetlands Plan to City Council as presented by staff at the meeting.
Nays – None
Motion Carried
6. Review of Park Capital Projects for 2008
Randy Oppelt, Director of Public Works Operations, gave an overview of the Parks
Capital Projects for 2008. The following items were briefly touched on:
Sue Fischer Memorial Park Youth Ball field Complex: The City will be putting a
bituminous surface on the existing gravel access trail and the inside courtyard. The
concession stand/restroom building was completed last fall and will open this spring.
Tennis Courts: Five out of six sites will be milled, overlaid, and color coated in 2008.
The other site, Terrace Oaks East, was completed in 2007.
Alimagnet Park Baseball Fields: The final element of the improvement plan for the
baseball facilities in Alimagnet Park are the dugouts and backstop at the Bob Bunnell
Baseball Field in the park. The project should be completed early this summer.
Skate Park in Civic Center Park: Replacing the double half pipe skateboard ramp.
Lac Lavon Park Softball Complex: Replacing the athletic field lighting in all six
softball fields. The new lighting will require 40% fewer fixtures and will result in a
significant reduction in energy usage.
Play equipment replacement: Equipment is replaced approximately every seventeen
years. The City will be replacing play equipment in Howell, Crosstown East,
Leisure, and Crystal Beach (the actual beach area).
Terrace Oaks East Hockey Rink Replacement: The City replaces one rink out of
sixteen each year.
Page 3 of 5
Nicollet Commons Water System Control Vault: Currently the vault is underground;
the City will be moving the vault above ground for various operational, safety and
system improvement reasons.
Northeast Trail Connection: This trail will connect the Northeast neighborhoods in
Burnsville to the balance of the community while providing Burnsville residents with
trail access to Eagan and all the destinations beyond such as Bloomington, the
Minneapolis Park System and the Great Rivers Trail.
Hughes stated that it is nice to see the City’s commitment towards maintaining the
quality of the amenities and equipment in the park system, and very nice to see the
application of the sustainability concepts wherever possible.
No formal action taken on this item.
7. Miscellaneous
There will be a special meeting April 15th, 2008 at 7 p.m.
8. Adjournment
Motion by Hughes second by Steuber, to adjourn to the Worksession at 7:21 p.m.
Nays – None
Motion Carried
Page 4 of 5
WORKSESSION MINUTES
The Commission discussed the potential renaming of Cam Ram Park in honor of the
Kelleher Family. The Kelleher family owned property in what became the City of
Burnsville as early as 1855, and farmed the land for several generations. Jim Kelleher,
the grandson of the original settler, was extremely active in the township of Burnsville
and on the school board of what eventually became ISD 191. He was also very active in
local service organizations.
The consensus of opinion among Commissioners was that the current name of the park,
Cam Ram, did not have much appeal and could certainly benefit by a change. The name
Kelleher did appeal to some Commissioners, although some wondered whether this
renaming might result in other requests.
Concern was expressed that since the City already has a Keller Lake Park, that also
having a Kelleher Park might be confusing. It was pointed out that most name confusion
occurs with athletic field use, and since Cam Ram Park has only one athletic field and
Keller Lake Park has none, that this probably wouldn’t be a significant source of
confusion.
The potential of renaming of Cam Ram Park will be placed on the Commission’s next
regular agenda. Staff was also asked to get the word out to the public about the potential
renaming through the City’s webpage and articles in the newspaper.
Since this was a worksession and in accordance with the City’s Park and Facility Naming
Policy, no formal action was taken.
Page 5 of 5
CITY OF BURNSVILLE
APRIL 24, 2007
The City Council of the City of Burnsville met for a Worksession at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 24th day of April, 2007.
Council Present:
Council Absent:
Staff Present:
Others Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, L. Workman
None
C. Ebeling, M.Brooks, B. Osmundson, T. Hansen, T. Schultz, D. Jacobson, R.
Oppelt, R. Peterson
J. Gessner, H. Voorhees, R. Leaf, D. Deuschle (SEH)
The Mayor called the meeting to order at 7:30 p.m.
UPDATES
Terry Schultz, Director of Natural Resources, with Daryl Jacobson, Water Resources Specialist, and
representatives from SEH, presented draft updates on the Wetlands Management Plan and the Water
Resources Management Plan.
• Third Generation – 2002 Water Resources Management Plan
• Establishes Lake Water Quality Goals
• Addresses known Flooding Issues
• Storm Water System Mapping / Modeling Information
• Maintenance Requirements for Storm Water Conveyance System
• Set Development Requirements
• Meet Federal, State, Regional Requirements
Water Resources Management Plan Updates
o
o
o
o
o
o
o
•
Revise Floodplain Info (Earley Lake / Cam Ram
Update System Maps / Hydrologic Information
Highlight Accomplishments
Update Implementation Schedules & Financial Information
Incorporate New Agency Requirements
Revisit Lake Water Quality Goals
Update Policies / Developer Guidelines
Accomplishments to Date
o Lake Studies – Alimagnet, Crystal, Earley, Keller, Lac Lavon, Twin Lakes
o Harvesting Program
o Staffing - Erosion / Sweeping /Pond Inspection / Water Quality
o Cliff – Fen Park Wetland Restoration
o HOC – Stormwater Management Program
o Storm Sewer Improvements
o Pond Improvements
o NPDES Permit
o Burnsville Center Area Stormwater Management Plan
o Vacuum Sweeper Purchased
o Crystal Lake Rainwater Garden Project
o West Buck Hill Park Infiltration Basin
2
April 24, 2007
UPDATES (continued)
•
New Requirements – Increased Regulation
o Environmental Protection Agency – Clean Water Act
o State Agencies (MPCA)
 NPDEA Permit Program
 Impaired Waters – TMDL’s
 Non-Degradation
o City of Burnsville
 Water Resource Plans
 TMDL’s
 Permits
o Metropolitan Council – Regional Plans
o Watershed Organizations
 Watershed Plans
 TMDL’s
•
Burnsville’s Impaired Waters
o Lake Alimagnet – Phosphorous
o Keller Lake – Phosphorus
o Crystal Lake – Mercury and Phosphorous
o Lac Lavon – Mercury
o Earley Lake – Phosphorous
•
Water Quality (Clarity) Goal Revisions
o
o
o
o
o
o
o
o
Alimagnet
Crystal
Earley
Keller
Lac Lavon
Sunset Pond
Twin Lake
Wood Pond
3 Yr Avg
0.6
1.7
1.7
1.3
3.8
2.4
1.7
1.5
Goal
1.7
2.6
1.7
1.7
3.6
1.7
1.7
1.7
Revised
Goals
1.2
2.1
2.1
2.1
2.1
2.1
2.1
2.1
•
Non-Degradation Study - City required to determine the change in pollutant loading for:
o Three pollutants:
 total suspended solids (TSS)
 total phosphorus (TP)
 runoff volume
o Over two time periods
 1988 to 2005
 2005 to 2020
•
Non-Degradation Analysis
o Show that Burnsville has not seen a significant increase in storm water runoff volume or
TSS or TP loading since 1998, or
o Demonstrate what past, present, and future best management practices (BMPs) will be
reasonably required to return to 1988 loading levels.
o Results of the non-degradation analysis suggest that implementing the proposed standards
in this WRMP update will position the City to address these permit requirements.
3
April 24, 2007
UPDATES (continued)
•
What are other cities, watersheds doing?
o New development
 Rate control for 1 or 2, 10 and 100 year storms
 Removal of 80%-90% TSS and 50%-60% TP
 Infiltration required where feasible – 0.5 to 1.0 inch volume
o Redevelopment
 Rate control for 1 or 2, 10 and 100 year events
 Varied – many cities debating now
 Some watershed districts apply same standards to new and redevelopment
•
Current Standards
o Rate Control for 2, 10, 100 – year event
 Still required in revised standards
o Treatment based on receiving water class:
 Protective Class – 90% TSS removal
 Improvement Class – 70% TSS removal
 Management Class – 50% TSS removal
 Infiltrate 1-inch runoff volume where feasible
•
Proposed Treatment Standards
o New Development
o Redevelopment
o Exempt Projects:
 Pavement reconstruction/rehab that does not add impervious
Purpose of Wetlands Management Plan
o
o
Establish wetlands policies and develop a wetlands inventory for Burnsville
To keep the City in compliance with Wetlands Conservation Act (WCA)
•
Significant Changes from 1998
o 6 Lakes removed from wetland inventory
o Storm water ponds clearly built in upland area removed from inventory
o Wetland Buffer Requirements
o Establish building setbacks for wetlands
o Number of Basins:
1998 = 314
2006 = 333
o Total Acres of Wetland:
1998 = 2,678
2006 = 2,713
•
Wetland buffer standards
o Protection – Structure Setback: 50 feet
o Improvement – Structure Setback: 35 feet
o Management – Structure Setback: 25 feet
o Management II – Structure Setback: 0 feet
4
April 24, 2007
UPDATES (continued)
The next steps will be:
• Agency Reviews (Watersheds, Met Council, Dakota County) – June/July
• PNRC Final Review – August
• Council Final Review – September/October
o Adopt Revised Plan
Council consensus for staff to move forward the Plan as noted above for review.
The meeting was adjourned at 9:07 p.m.
Respectfully submitted,
_________________________________________
Approved by the City Council of the City of Burnsville this 7th day of May, 2007.
__________________________________________
ECONOMIC GROWTH COMMITTEE
MINUTES
July 10, 2007
Members Present
Karolyn Anderson
LaDonna Boyd
Mike Carney
Dan Gustafson
Jim Louwagie
Vicki Roy
Dick Sjoquist
Ken Slipka
Bob Stowell
Tom Taylor
Marcus Thomas
Richard Thomas
Rich Vanderlaan
Members Absent
Gene Grazzini
Others Present
Daron Van Helden
Jenni Faulkner
Skip Nienhaus
Jane Hovind
Terry Schultz
Daryl Jacobson
Sue Bast
Ron Lee
Vice Chair, Marcus Thomas, called the meeting to order at 7:30 a.m.
I.
Announcements
II.
Approval of June 12, 2007 Minutes
Motion by Stowell and seconded by Sjoquist, to approve the June 12, 2007 minutes as presented.
Ayes: Anderson, Boyd, Carney, Gustafson, Louwagie, Roy, Sjoquist, Slipka, Stowell, Taylor,
Marcus Thomas, Richard Thomas, Vanderlaan. Nays - None. Absent - Grazzini. Abstain None. Motion carried.
III.
Burnsville Updates
Chamber of Commerce
Daron informed the group of upcoming Chamber of Commerce events.
IV.
Wetlands and Water Resource Management Plans
Terry Schultz, the City’s Natural Resources Director, presented proposed updates to the City’s
Water Resource Management Plan and Wetlands Management Plan which are all part of the
Comprehensive Guide Plan for the City. He said the Water Resource Management Plan
determines where the water runoff will go and it must meet federal, state and regional
requirements.
He said improvements have been made with purchasing an enhanced vacuum assisted sweeper
which vacuums up finer particles, increased pond inspection and several new water quality
programs. He said six lakes have had quality studies done, and there have been more storm sewer
and pond improvements.
Burnsville has to have a permit to discharge storm water into the Minnesota River and it must be
updated every five years. There has been increased regulation over the years which include
federal - EPA, state - MPCA, regional - Metropolitan Council and watershed organizations, and
local - City of Burnsville.
Burnsville impaired waters include Lac Lavon, Crystal Lake, Keller Lake, Lake Alimagnet and
Earley Lake. Goals are set for water quality on each of the lakes. Most of the quality problems
are related to high phosphorus levels.
Richard Thomas asked where the phosphorus is coming from. Terry responded phosphorus
comes from land runoff, including fertilizer and atmospheric contamination. Ron said internal
loading in the lakes deposits sediment and phosphorus over time which can resuspend and cause
problems. Terry said part of the problem is curly leaf pond weed which is invasive and dies back
during the month of July and puts in a lot of phosphorus in the water; consequently, they harvest
as much as they can before it causes problems.
Daron asked if there is steady improvement year after year. Terry replied there has been slow
progress. All the practices aren’t in place yet but there will be benefit over time.
Terry said the lake study looks at the watershed to the lakes. Other communities share the
watersheds and so they are involved in assisting with improvement. It’s a cooperative effort.
Ron Leif of SEH discussed the non-degradation study. It is part of the permit program required
by the MPCA. There is a rate standard for development and redevelopment. This program
requires Burnsville to study runoff levels for two time periods 1988 to 2005 and 2005 to 2020 to
determine the change in pollutant loading. The City has two options – show that Burnsville has
not seen a significant increase in levels or demonstrate what past, present and future management
practices will need to be done to return to 1988 loading levels.
He said they looked at rate control for new development and redevelopment, removal and
infiltration rates. Burnsville has proposed treatment standards for new development which is
90% total solids and 60% phosphorus with an infiltration rate of 1 inch runoff volume. For
redevelopment the requirement is 70% solids and 30% phosphorus with an infiltration rate of .5
inch runoff volume. He stated that some cities are applying the same standards to both new
development and redevelopment.
Daryl Jacobson discussed the Wetlands Management Plan. He said it has two goals, first to
establish a policy and provide an inventory of the wetlands and the other is to stay in compliance
with the Wetlands Management Act
He showed the wetlands inventory map. He said there are significant changes in the current plan
compared to the 1998 plan. In 1998 lakes were included as part of the wetland inventory, since
they aren’t wetlands, six lakes were removed from the inventory. He said there are 1,789 acres
of wetland in Burnsville.
He said plans are reviewed by the Minnesota DNR, Minnesota Water Resources, and Dakota
County. Then it will go before the Parks Recreation and Natural Resources Commission, and
then it will go before the City Council.
Roy asked when the plan is established whether there would be penalties if results aren’t met.
Terry said if standards are not met at the time of development the application must go through
City Council for approval. Terry said although the organizations review and approve the plan,
the City of Burnsville must monitor it.
Daron asked about the impacts the requirements have on businesses. He asked whether there are
restrictions on development and what will we see in the future. Terry responded if developers
follow the standards there won’t be problems. He said because they set a different standard for
redevelopment because they didn’t want to give businesses a disincentive to expand or improve
their businesses.
Vanderlaan asked about funding. Terry responded have received grants and will pursue more.
Marcus Thomas asked about the budget and if it is balanced or will there be a shortfall in the
future. Terry responded the City should be able to meet the requirements with the budget that
was put in place in 2002. The storm water fees charged to residents fund the projects and pay for
maintaining the systems.
Daron said there is a concern that Burnsville businesses pay higher storm water rates than
anywhere else. He asked if other communities are increasing rates to compensate. Terry
responded they are and many communities that have not had storm water fees and are now
starting to add them.
V.
Sustainability
Sue Bast, the City’s Environmental Specialist, presented a discussion on sustainability. The City
Council has determined sustainability as a concern. The topic of sustainability has been under
discussion for many years.
The definition of sustainability includes interdependence among ecology, economics and the
environment in order to meet the needs of future generations.
The sustainability framework includes the natural step system which states what we extract from
the earth and make synthetically must not accumulate in the environment as waste. The
principles of sustainable development for Minnesota which were established in 1996 include
global interdependence, stewardship, conservation, monitoring indicators, and shared
responsibility for the environment.
Sustainability practices include environmentally preferable purchasing and product stewardship,
inventory and set reduction targets for greenhouse gas emissions, land use policies that reduce
sprawl, and promotion of sustainable transportation systems.
Strategies include removing
barriers for pedestrians, increasing bicycle opportunities and creating a mass transit system. This
is building on what the City of Burnsville has already done with sustainability.
Richard Thomas asked about sustainable transportation. He asked if there are ways to reduce
traffic congestion. Terry responded the City has limited control but ideas should be submitted to
the City Council to consider what can be accomplished in Burnsville. Thomas said people in
Burnsville drive. It’s important to address the congestion problem and find ways to reduce it.
Slipka asked about promoting community gardens and how that’s being handled. Terry replied
they are going to start community plots in Neill Park and these will be monitored by the
Recreation Department.
Jenni said that when get into the sustainability – there may be requirements placed on developers
such as pervious pavers, roof gardens, etc. The City is looking at what can be done to get private
development involved in this process. An example would be rain gardens which are a city driven
project but could be required of developers as part of their development.
Taylor stated that Chicago has two sets of codes - traditional and green code which allows people
who take advantage of the green code to do so at a lower cost. If someone wants to become
more of a green business here in Burnsville, what is there out there for resources for them? Sue
responded that they are promoting and providing those resources. Taylor said geothermal lines
as part of the utilities are positive and asked if Burnsville has considered them? Sue responded
they’re doing that in Iceland. She said it hasn’t been discussed but is a good option.
Carney said there are numerous developments nation wide that utilize geothermal and share
costs. It is expensive. The Federal government gives tax credit for meeting certain energy star
requirements with appliances. He asked if the City would consider any type of credits to
businesses for upgrading. Sue responded it is part of the matrix and it would be a possibility.
Sjoquist said he liked the idea of reduced green fees. Dakota Electric has an energy grant and if
you remodel and improve your home’s energy use you get a credit.
Richard Thomas encouraged staff to work with developer groups that are looking into
sustainability. It’s more productive to work with them to see what is more realistic as far as cost.
Sjoquist asked if there is someone to discuss the Chicago program with and find out how it’s
working. Sue responded she doesn’t have a contact but that would be a good idea.
Taylor said the more information that they get from other communities that they can present to
the City Council the better.
Sue said sustainability will become part of the Capital Improvement Plan and the Comprehensive
Guide Plan.
Daron said should concentrate on businesses
Boyd said businesses need to work with the City as partner.
Slipka said the utility companies in Burnsville should give input in writing to help quantify the
issue of sustainability. It doesn’t hone in on one target. He said businesses and residents would
like to do things but there is so much information and now it’s under the umbrella of
sustainability.
Richard Thomas said you need all stakeholders at the table. The City needs to be proactive about
informing businesses. The process is started before bringing the stakeholders into the discussion.
VIII. Adjourn
Motion by Slipka, second by Sjoquist, to adjourn the meeting at 9:07 a.m.
BURNSVILLE PLANNING COMMISSION MINUTES
MEETING OF JUNE 11, 2007
MEMBERS PRESENT
MEMBERS ABSENT
DeeDee Currier
Richard Dusterhoft
Michael Esch
Steve Manhart
Chris Teiken. Alternate
Vicky Turner
OTHERS PRESENT
Deb Garross
Chris Slania
Vickie Martin
The meeting was called to order by Vice Chair, Steve Manhart at 7:00 p.m.
1.
Oath of Office - New Planning Commissioner, Christopher Teiken.
Vickie Martin administered the Oath of Office to Christopher Teiken.
2.
Election of Planning Commission Chairperson and Vice Chair.
Commissioner Manhart was voted Chair.
Commissioner Esch was voted Vice Chair
Manhart: “I’d like to extend our appreciation to an outgoing member of the Planning
Commission. His last meeting was last month and his name is Tim Ivers. He was on the
Planning Commission for four years. We want to send our appreciation. He provided us with
many good Iverisms, comments and leadership along the way.”
3.
Appoint Planning Commission Representative for the HOC Design Review Committee.
Commissioner Turner asked for consideration.
Manhart moved for the appointment of Commissioner Turner, Esch seconded.
Ayes: Currier, Dusterhoft, Esch, Manhart and Teiken. Nays: None. Motion passed (5-0).
CONSENT AGENDA
4.
Adoption of Agenda.
Dusterhoft moved and Turner seconded a motion for adoption of June 11, 2007 Agenda.
June 11, 2007
Page 2
5.
Consider Approval of Minutes for Previous Meeting of May 29, 2007.
Manhart called for comments on or changes to the May 29, 2007 Meeting Minutes.
Dusterhoft moved and Turner seconded a motion to approve the May 29, 2007 Meeting Minutes.
END OF CONSENT AGENDA
8.
Review of Updates to Wetlands and Water Resources Management Plans.
Terry Schultz, Director of Natural Resources presented an overview of the proposed updates to the
Wetlands and Water Resource Management Plans advising that staff recommends that the Planning
Commission recommend to the City Council approval of the proposed updates.
Ron Leaf, Consulting Engineer – SEH Inc.
Manhart asked about the run-off pertaining to the mall area and wanted to know where is the
run-off going and how is it going to be treated in the plans discussed.
Schultz stated the run-off goes into Earley Lake which was one of the lakes on the impaired
waters list. The mall was built in the mid 70’s and there were no storm water requirements
regarding treatment at that point in time. They will route the run-off through some storm water
ponds. They expect the ponding project to be completed in 2008 and it is a critical piece in
improving water quality in Earley Lake. They just completed the Earley Lake study and they
also need to find some management practices to put in place on the south side of Southcross with
the impervious service caused by the car dealerships. All of these items are included in the
Earley Lake study.
Manhart clarified as development occurs, they will alert the Planning Commission with
concerns.
Schultz also stated there were concerns with the Target redevelopment to meet current standards.
Staff will alert the Commission about specific lakes and also non degradation or broader
community when redevelopment occurs.
Manhart then asked if rain barrels affect run-off. A resident was required to install them in a past
application and he wondered if that technique would be used more in the future.
June 11, 2007
Page 3
Schultz stated it’s one of many tools that can be used. It collects the first flush which contains
most of the pollutants and then when used to water the garden or grass, it will slowly infiltrate
rather than going directly into a nearby lake. These practices are seen in the Shoreland areas. It
works better with private homes.
Esch moved to approve the proposed updates.
Currier seconded the motion.
Ayes: Dusterhoft. Esch, Manhart, Turner, and Currier. Nays: None. Motion to approve passes
(5-0).
9.
Adjournment.
Dusterhoft moved and Turner seconded the motion to adjourn.
Ayes: Dusterhoft, Esch, Manhart, Turner, and Currier. Nays: None. Motion passes
unanimously (5-0) and the meeting adjourned at 9:10 p.m.
“The City of Burnsville does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual preference,
disability, or any other basis protected by law in the admission or access to, or treatment or employment in, its programs,
activities, or services.” To obtain this information in alternative forms such as braille, large print, audio tape or qualified readers,
please contact the City of Burnsville at (952) 895-4400, TDD: (952) 895-4567. Minutes are available electronically through
our website at www.burnsville.org, and can be emailed to you by subscribing through our subscription service link located on
our home page.