BURNSVILLE CITY COUNCIL

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BURNSVILLE CITY COUNCIL
BURNSVILLE CITY COUNCIL
FINAL AGENDA - REGULAR MEETING
MONDAY, FEBRUARY 4, 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
• Presentation of MRPA “Special Award” to Randy Oppelt.
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 of Support for Long Meadow Bridge.
D.
Consider Resolution of Support for Public Safety and Technology Support Center.
E.
Consider Approval of Supplemental Agreement for the Burnsville Performing Arts Center.
F.
Consider Approval of Operating Manager for Papa T’s of Burnsville LLC d.b.a. Papa T’s,
1996 E. Hwy. 13.
G.
Consider Resolutions (2) Approving the Issuance of Premises Permits for the Burnsville
Lions Club for the Purpose of Lawful Gambling, Pull-Tabs.
H.
Consider Approval of Letter of Understanding with the International Union of Operating
Engineers (IUOE) Local 49, Regarding Contributions to a Post Employment Health
Reimbursement Arrangement (PEHRA) Account.
I.
Consider Resolution Authorizing Execution of Grant Agreement for THE GARAGE with
the Minnesota Department of Public Safety.
J.
Consider Resolution Approving a Cost Participation with Mn/DOT for the Rebuilding of
the Signals at the East and West Ramps of I-35W / Burnsville Parkway (07-502).
K.
Consider Approving Expenditure for Baseball Field Backstop Replacement at Alimagnet
Park.
Final Agenda
February 4, 2008
2
L.
Consider Approval of an Application for Inland Ryan LLC for a Planned Unit
Development Amendment to Allow a Therapeutic Massage Business to be Located at 511
East County Road 42; and Consider Findings of Fact, Ordinance and Amended Planned
Unit Development Agreement.
M.
Consider an Interim Ordinance Amending Title 10, Chapter 30 of the Burnsville City Code
Concerning Banner Signs for Condominiums.
N.
Consider Approval of an Assessment Agreement Between the City of Burnsville and
Robert Allan Hatten for Property Located at 1200 E. Highway 13.
O.
Consider Approval of a Professional Services Agreement with Amcon, Inc. for Owner’s
Representation Services for the Performing Arts Center.
P.
Consider Application for Sherman Associates, Inc. for Concept Stage Approval of a
Planned Unit Development Amendment for Construction of an Office Building Located at
151 West 126th Street; and Consider Findings of Fact for Denial.
REGULAR AGENDA
7:10 p.m.
5.
Public Hearing – Consider Resolution Vacating a portion of the Drainage and Utility
Easements located within Lot 7, Block 3, LEISURE ESTATES.
7:15 p.m.
6.
Consider Approval of an Application for Walser Real Estate, LLC for a Rezoning from B3 (General Business) to B-3, PUD (General Business, Planned Unit Development),
Preliminary and Final Plat Approval of a One Lot Subdivision to be Known as WALSER
ADDITION, and Concept and Development Stage Approval of a Planned Unit
Development for Construction of a New Honda Dealership to be Located at 14800 and
14900 Buck Hill Road; and Consider Findings of Fact, Ordinance, and Development
Contract and Planned Unit Development Agreement.
7:35 p.m.
7.
Public Hearing – Consider Resolution Vacating a portion of the Drainage and Utility
Easements located within Lot 1, Block 5, BURNHAVEN.
7:40 p.m.
8.
Miscellaneous.
9.
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
02/04/2008
1
Council Meetings:
Tues., Feb. 19, 7:00 p.m. (Presidents Day)
Tues., March 3, 7:00 p.m.
Worksession Meeting:
Tues., Feb. 12, 6:30 p.m.
Governance Meeting:
Tues., Feb. 26, 7:00 p.m.
•
Presentation of MRPA “Special Award” to Randy Oppelt
CITY OF BURNSVILLE
Regular Meeting
January 22, 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 22nd day of January, 2008.
The meeting was called to order by Acting Mayor Gustafson at 7:00 p.m.
The Pledge of Allegiance was preceded by a moment of silence.
Present:
Absent:
1.
Gustafson, Kealey, Workman
Crichton, Kautz
Announcements and Proclamations.
Council Meetings:
Mon., February 4, 7:00 p.m.
Tues., February 19, 7:00 p.m (President’s Day)
Worksession Meeting: Tues., February 12, 6:30 p.m.
Special Worksession: Fri., February 1, 8:30 a.m. (The Summit)
Governance Meeting: Tues, January 29, 7:00 p.m. - CANCELLED
•
•
•
2.
National Mentoring Month Proclamation
Proclamation Supporting the 21 Day Challenge
Presentation of Rental Licensing STAR Properties
Citizen Comments.
No one appeared before the Council.
3.
Additions to the Final Agenda.
There were no additions to the Final Agenda.
CONSENT AGENDA
Councilmember Kealey requested Item #4K (Contract for the 2008 Sanitary Sewer Cleaning Services 08310) be removed from Consent Agenda for discussion.
Motion by Workman, seconded by Kealey, that the following Consent Agenda items (listed as A–O,
excepting K) be approved as presented. Ayes – Gustafson, Kealey, Workman. Nays – None. Absent –
Crichton, Kautz. Motion carried.
4A.
Consider Approval of Minutes.
Approved the City Council minutes of January 7, 2008 and the Worksession minutes of January 15,
2008 as submitted.
2
COUNCIL MINUTES
Regular Meeting
January 22, 2008
CONSENT AGENDA (continued)
4B.
Consider Approval of Claims Listing.
Approved the listing of claims in the submitted amount of $11,589,216.76.
4C.
Consider Resolution Accepting Donations and Grants to the City.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5632
RESOLUTION ACCEPTING DONATIONS AND GRANTS TO THE CITY
4E.
Consider Resolution Approving Contract with Venuworks Inc. to Provide Management Services at
the Burnsville Performing Arts Center.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5633
RESOLUTION APPROVING BURNSVILLE
PERFORMING ARTS CENTER MANAGEMENT AGREEMENT
D-08-03
4E.
Consider Approval of Amendment to the Dakota County 2005/2009 Drug Task Force Joint Powers
Agreement.
Approved the Amendment to the Dakota County 2005/2009 Drug Task Force Joint Powers
Agreement.
D-08-04
4F.
Consider Resolution Supporting the Minnesota Valley Transit Authority as the Primary Transit
Provider South of the Minnesota River.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5634
RESOLUTION SUPPORTING THE MINNESOTA VALLEY TRANSIT AUTHORITY
AS THE PRIMARY TRANSIT PROVIDER SOUTH OF THE MINNESOTA RIVER
4G.
Consider Accepting Bids and Award Contract for Purchase of New Fire Truck.
Accepted bids and awarded contract for the purchase of one 2008 Pierce Velocity pumper for
$530,638.00 including recommended options of frame rust proofing and extending the engine
warranty by two additional years.
3
COUNCIL MINUTES
Regular Meeting
January 22, 2008
CONSENT AGENDA (continued)
4H.
Consider Authorizing 2008 Well Rehabilitation Improvements (08-309).
Authorized the 2008 Well Rehabilitation Improvements (08-309) as part of the City’s preventative
maintenance program in an amount not to exceed $200,000.
4I.
Consider Approving Joint Powers Agreement with Lakeville, Savage, Eagan, Rosemount, Prior
Lake, Shakopee, Apple Valley, Farmington, Mendota Heights and West St. Paul and Dakota County
for Street Sweeping, Traffic Marking, Seal Coating, and Crack Sealing (08-303).
Approved the Joint Powers Agreement for 2008-2009 Street Maintenance Program to include street
sweeping, traffic marking, seal coating, and crack sealing (08-303).
4J.
Consider Authorizing Project and Advertisement for Bids 2008-2009 Street Maintenance Program
(08-303).
Authorized the project and advertisement for bids for the 2008-2009 Street Maintenance Program
(08-303) under the Joint Powers Agreement for frequently used street maintenance materials.
4K.
Item removed for discussion.
4L.
Consider Resolution Approving New Blanket Partnership Agreement with Mn/DOT for Technical
Services Provided on City Construction Projects.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5635
RESOLUTION APPROVING BLANKET PARTNERSHIP AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TECHNICAL SERVICES
D-08-05
4M.
Consider an Ordinance Amending Title 10, Chapter 29 of the of the Burnsville City Code
Concerning Towers and Antennas.
Adopted an Ordinance establishing compliance with amendments to the federal regulations by
providing an exemption for the “customer end equipment” that receives and/or transmits signals for
audio, video, and data/internet, that will be published in the legal newspaper and become part of the
official records:
ORDINANCE NO. 1106
AN ORDINANCE OF THE CITY OF BURNSVILLE, MINNESOTA
AMENDING TITLE 10, CHAPTER 29 OF THE BURNSVILLE CITY CODE
CONCERNING TOWERS AND ANTENNAS
4
COUNCIL MINUTES
Regular Meeting
January 22, 2008
CONSENT AGENDA (continued)
4N.
Consider Approval of Non-Linear Editing Equipment Replacement for Burnsville/Eagan
Community Television.
Authorized the replacement purchase of non-linear editing equipment for BECT from Alpha Video
in the amount of $33,391.15 per the proposal submitted.
4O.
Consider Resolution Approving Application to Dakota County CDA for Redevelopment Incentive
Grant Program for Soils Correction at the Former AAA Site.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5636
RESOLUTION APPROVING APPLICATION TO DAKOTA COUNTY CDA
FOR REDEVELOPMENT INCENTIVE GRANT PROGRAM
FOR SOILS CORRECTION AT THE FORMER AAA SITE
ITEM(S) REMOVED FROM CONSENT AGENDA
4K.
Consider Awarding Contract for the 2008 Sanitary Sewer Cleaning Services (08-310).
Motion by Kealey, seconded by Workman, to approve a one year contract for sanitary sewer cleaning with
Visu-Sewer Clean & Seal for an amount not to exceed $48,000. Ayes –Gustafson, Kealey, Workman. Nays
– None. Absent – Crichton, Kautz. Motion carried.
REGULAR AGENDA
5.
Public Hearing – Approval of an On-Sale/Sunday On-Sale Liquor License for Applebee’s
Restaurants North LLC d.b.a. Applebee’s Neighborhood Grill & Bar at 2152 Burnsville Center.
A public hearing was conducted regarding the liquor license application for Applebee’s Restaurants North
LLC.
The public hearing was opened at 7:14 p.m.
No one appeared before the Council.
The Acting Mayor declared the public hearing closed at 7:14 p.m.
Motion by Kealey, seconded by Workman, to approve On-Sale/Sunday On-Sale Liquor License for
Applebee’s Restaurants North LLC d.b.a. Applebee’s Neighborhood Grill & Bar at 2152 Burnsville Center.
Ayes –Gustafson, Kealey, Workman. Nays – None. Absent – Crichton, Kautz. Motion carried.
COUNCIL MINUTES
Regular Meeting
January 22, 2008
6.
5
Consider Award of PAC Bonds, Series 2008A.
Motion by Workman, seconded by Gustafson, to adopt the following resolution, which will become part of
the official records:
RESOLUTION NO. 08-5637
RESOLUTION AWARDING THE SALE OF APPROXIMATELY
$16,800,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2008A;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Poll of Votes: Ayes – Gustafson, Kealey, Workman. Nays – None. Absent – Crichton, Kautz. Motion
carried.
7.
Consider Approval of an Application for Thomas A. Hayes for Preliminary and Final Plat Approval
of a One Lot Subdivision to be Known as DRURY ADDITION, a Variance to the Lot Size
Requirements, and a Conditional Use Permit to Allow the Outdoor Display and Sale of Used Motor
Vehicles to be Located at 1616 W. Highway 13; and Consider Findings of Fact, Variance to Record,
Conditional Use Permit, and Development Contract..
Motion by Kealey, seconded by Gustafson, to approve a Development Contract for Thomas A. Hayes,
including Final Plat approval of DRURY ADDITION, a Variance to the lot size requirements, and a
Conditional Use Permit to allow the outdoor display and sale of used motor vehicles at 1616 W. Highway 13;
and adopt the Findings of Fact. Ayes – Gustafson, Kealey. Nays – Workman. Absent – Crichton, Kautz.
Motion carried.
D-08-06
The Council meeting was recessed at 7:37 p.m.
8.
Annual 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 7:41 p.m.
9.
Adjournment.
Motion by Kealey, seconded by Workman, to adjourn the meeting at 7:41 p.m. Ayes – Gustafson, Kealey,
Workman. Nays – None. Absent – Crichton, Kautz. Motion carried.
______________________________________
Macheal Brooks, Deputy City Clerk
Approved by the City Council of the City of Burnsville this 4th day of February, 2008.
_______________________________________
Elizabeth B. Kautz, Mayor
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
___X_ Required by Law
Meeting Date
Item number
__ __ Clarification/Revision of Past Policy
_____ Previous Council Action
02/04/2008
4C
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
Consider a Resolution of Support for the Long Meadow Bridge
POLICY DECISION/ACTION TO BE CONSIDERED
Consider adoption of the resolution.
FACTS
Council had been asked to consider a resolution supporting legislation to fund the Old Cedar Avenue Bridge across
Long Meadow Lake. Although this item is included in Council’s 2008 Legislative Agenda the local Legislators
asked Council to formalize their support via resolution during their January 2008 Worksession attendance. A
resolution for Council consideration is being presented.
ATTACHMENT
Resolution
BD
RESOLUTION NO. 08-_____
CITY OF BURNSVILLE, MINNESOTA
A RESOLUTION SUPPORTING LEGISLATION TO FUND
THE OLD CEDAR BRIDGE ACROSS LONG MEADOW LAKE
WHEREAS, the City recognizes the Old Cedar Bridge was constructed in 1920 to
connect communities on either side of the Minnesota River, spanning 865 feet across Long
Meadow Lake; and
WHEREAS, after the new Cedar Avenue (TH77) bridge opened in 1979 ownership of
the Old Cedar Bridge was transferred to the City of Bloomington; and
WHEREAS, by 1993 the Old Cedar Bridge had become unstable for vehicles and use
was restricted to bicycles and pedestrians, eventually closed to all uses in 2002 after independent
inspection; and
WHEREAS, the City supports the current “boardwalk” design which is not considered
filling in wetlands; and
WHEREAS, the estimated cost of the boardwalk and improvements to access roads is
estimated to be $4.5 million and a portion of the funding has been secured through a federal
transportation bill and a Metropolitan Council “recreational grant” program; and
WHEREAS, pedestrian and recreational use of Old Cedar Bridge would restore a vital
connection between communities to the north and south of the Minnesota River by providing
access to both sides of the river for trail users, utility providers and governmental agencies; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Burnsville that the City
respectfully request that the legislature fund the Old Cedar Bridge project across Long Meadow
Lake.
Passed and duly adopted by the City Council of the City of Burnsville, Minnesota this 4th day of
February, 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
______________________________________
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
___X_ Required by Law
Meeting Date
Item number
__ __ Clarification/Revision of Past Policy
_____ Previous Council Action
02/04/2008
4D
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
Consider a Resolution of Support for the Public Safety and Technology Support Center.
POLICY DECISION/ACTION TO BE CONSIDERED
Consider adoption of the resolution.
FACTS
Council had been asked to consider a resolution supporting legislation to fund a portion of the Public Safety and
Technology Support Center to be located in Dakota County.
Although this item is included in Council’s 2008 Legislative Agenda the local Legislators asked Council to
formalize their support via resolution during their January 2008 Worksession attendance. A resolution for Council
consideration is being presented.
ATTACHMENT
Resolution
BD
RESOLUTION NO. 08-_____
CITY OF BURNSVILLE, MINNESOTA
A RESOLUTION SUPPORTING LEGISLATION TO FUND A PORTION
OF THE PUBLIC SAFETY AND TECHNOLOGY SUPPORT CENTER
WHEREAS, the safety of our citizens is a responsibility of both state and local
governments; and
WHEREAS, the Dakota County High Performance Partnership (HiPP) brought local and
elected leaders and senior administrators together to attempt to identify the most critical needs
for collaborative solutions that had the most realistic chance of successful implementation; and
WHEREAS, after the successful funding and implementation of the consolidated
dispatch center, Dakota Communications Center, HiPP is moving forward on the second project
– the Public Safety and Technology Support Center (PSTSC); and
WHEREAS, sharing information through advanced technology will be at the core of the
services provided through the PSTSC by creating critical linkages among law enforcement and
other criminal justice agencies in the region; and
WHEREAS, its planned location with the Dakota Communications Center will serve as
an ideal regional training site for dispatch personnel and will provide a central location for key
services for law enforcement; and
WHEREAS, discussions of collaborative activities with the Department of Public Safety,
the Metropolitan Emergency Services Board and the Sheriff’s Association are underway; and
WHEREAS, the PSTSC would serve as an example of commitment to collaboration and
cooperation to promote public safety benefitting both state and local governments; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Burnsville that the City
respectfully request that the legislature fund a portion of the Public Safety and Technology
Support Center located in Dakota County.
Passed and duly adopted by the City Council of the City of Burnsville, Minnesota this 4th day of
February, 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
______________________________________
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
__X___ Required by Law _____ Previous Council Action
02/04/2008
4E
______ Present Policy
______ Council Theme _____ Housekeeping
ITEM
Consider Approval of Supplemental Agreement for the Burnsville Performing Arts Center
POLICY DECISION/ACTION TO BE CONSIDERED
Consider Approval of Supplemental Agreement for the Burnsville Performing Arts Center
FACTS
On September 27, 2007, the Council accepted the bids and approved a contract for construction of the
Performing Arts Center with Lund Martin Construction Inc. Lund Martin Construction Inc. was the lowest
responsive bidder for the combination of the base bid and Add Alternates 1 and 4. Add Alternate 1 provides for
metal panels in lieu of exterior insulation finish on the main theater exterior and Add Alternate 4 provides for
wood flooring in lieu of painted concrete in the black box portion of the building. The total for this combination
from Lund Martin was $17,214,100. On January 7th, 2008 Council also accepted contract alternates 16 and 17 audio visual equipment for the main theater and audio visual equipment for the black box theater.
Lund Martin, Ankeny Kell Architects, subcontractors and city staff have worked to identify project cost savings
or “value-engineering” items. These are items that, by substituting materials or changing the design elements of
the facility, without compromising quality or the overall aesthetic, could realize a cost savings. Due to
construction schedule constraints, and in accordance with City Policy 5.075, some of these items have been
processed via a work order so work can continue without delay.
PR #
2
3
4
5
6
7
8
9
10
12r
15
16r
17
19
22
23
25
26
Description
Revise masonry ties to hot-dip galvanized in lieu of stainless steel
Product substitution for below grade waterproofing, delete traffic coatings
Delete pedestrian ramp at northwest corner of the building
Light fixture substitutions, deletion of cove lighting in public restrooms
Electrical; sheet E2.1B (tour bus) and E5.0 (transformer issues)
Access control, intrusion detection, video surveillance deduction deletion
Division 26, theatrical lighting revisions
Division 11, theater rigging scope revisions
Electrical value engineering (EPR-005)
Stage modifications and catwalk plywood material
Simplification of dock leveler
Modifications to roofing system
Mechanical value engineering items
Water main revision
Structural modifications
Changes to toilet accessories from changes to wall ratings
Provide plenum rated for fire alarm system
Revise width of Ramp A and Stair B, provide additional intermediate handrail
Change Totals to Date
Change Order
Amount
($7,875.00)
($9,004.00)
($8,035.00)
($80,845.00)
($2,932.00)
($35,350.00)
($33,751.00)
($13,635.00)
($31,685.00)
($13,270.00)
($5,772.00)
($44,968.00)
($30,831.00)
$10,528.00
$10,065.00
$342.00
($7,009.00)
$884.00
($303,143.00)
While the result of this proposed action is a cost savings of $303,143, in accordance with Policy 5.075, work
orders in excess of $75,000 are considered “Supplemental Agreements” and must be approved by the Council.
These cost savings will in no way result in a lower quality project. The savings will be used to supplement the
contingency allowance in the project budget. The project is currently projected to be on budget.
ATTACHMENTS
None
BD
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
_____ Previous Council Action
2/04/2008
4F
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
Consider Approval of Operating Manager for Papa T’s of Burnsville, LLC d.b.a. Papa T’s, 1996 E. Hwy. 13.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve Andrian Ramirez as Operating Manager for Papa T’s of Burnsville, LLC d.b.a. Papa T’s, 1996 E. Hwy.
13.
FACTS
The city code requires the approval of the City Council for a new license holder or a change in operating managers
and officers for liquor license holders. The before mentioned On-Sale/Sunday On-Sale Liquor License holder has
submitted an application for a new operating manager. All documents have been received and the fees have been
paid.
The Police Department completed the background investigation on this individual and found no reason to deny him
the requested status.
tmz
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
_____ Previous Council Action
2/04/2008
4G
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
Consider Resolutions (2) Approving Premises Permits for the Burnsville Lions Club for the Purpose of Lawful
Gambling, Pull-Tabs.
POLICY DECISION/ACTION TO BE CONSIDERED
Adoption of the resolutions approving a Premises Permits for the Burnsville Lions Club to conduct the sale of pulltabs at Bumpers Restaurant & Sports Bar, 12930 Harriet Ave. S. and at Black Dawg Bar & Grille, 3120 W. Hwy.
13.
FACTS
The Burnsville Lions Club is applying to the State for a two-year license to sell pull-tabs at Bumpers Restaurant &
Sports Bar, 12930 Harriet Ave. S. and at Black Dawg Bar & Grille, 3120 W. Hwy. 13.
The Burnsville Lions are requesting that Council adopt the attached resolutions approving the premises permits to
submit with their application to the State, as required. All necessary documents have been received and reviewed
and the permit fees have been paid. The Burnsville Lions Club meets all the requirements of the City’s gambling
ordinance.
ATTACHMENTS
Resolutions
tmz
RESOLUTION NO. 08-____
CITY OF BURNSVILLE, MINNESOTA
RESOLUTION APPROVING A PREMISES PERMIT FOR BURNSVILLE
LIONS CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS
BUMPERS SPORTS BAR & RESTAURANT
WHEREAS, Burnsville Lions Club is a qualified organization with its principal office in
the City of Burnsville and has complied and promises to continue to comply with the provisions
of Chapter 21, Title 3 of the City Code; and
WHEREAS, Burnsville Lions Club has made or will make proper application to the
Minnesota Department of Gaming for a lawful gambling license; and
WHEREAS, Lions Club has applied for a premises permit for Bumpers Sports Bar &
Restaurant located at 12930 Harriet Ave. S., which is a licensed liquor establishment;
NOW THEREFORE, BE IT RESOLVED that a lawful gambling premises permit be and
hereby is approved for Burnsville Lions Club at the above described location.
Passed and duly adopted by the Council of the City of Burnsville this 4th day of February 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
RESOLUTION NO. 08-____
CITY OF BURNSVILLE, MINNESOTA
RESOLUTION APPROVING A PREMISES PERMIT FOR BURNSVILLE
LIONS CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS
BLACK DAWG BAR & GRILLE
WHEREAS, Burnsville Lions Club is a qualified organization with its principal office in
the City of Burnsville and has complied and promises to continue to comply with the provisions
of Chapter 21, Title 3 of the City Code; and
WHEREAS, Burnsville Lions Club has made or will make proper application to the
Minnesota Department of Gaming for a lawful gambling license; and
WHEREAS, Lions Club has applied for a premises permit for Black Dawg Bar & Grille
located at 3120 W. Hwy. 13, which is a licensed liquor establishment;
NOW THEREFORE, BE IT RESOLVED that a lawful gambling premises permit be and
hereby is approved for Burnsville Lions Club at the above described location.
Passed and duly adopted by the Council of the City of Burnsville this 4th day of February 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date 02/04/2008
Item number ___ 4 H
_____ Clarification/Revision of Past Policy
_____ Previous Council Action
______ Council Theme
X__ Required by Law
______ Housekeeping
ITEM
Consider Approval of Letter of Understanding with the International Union of Operating Engineers (IUOE) Local
49 Regarding Contributions to a Post Employment Health Reimbursement Arrangement (PEHRA) Account.
POLICY DECISION/ACTION TO BE CONSIDERED
Approval of Letter of Understanding
FACTS
During negotiations with our unions for the 2007/2008 contract, bargaining units were interested in exploring the
concept of a Post Employment Health Reimbursement Arrangement (PEHRA). A Post Employment Health
Reimbursement Arrangement (PEHRA) is a program established to help defray the cost of medical expenses and
health insurance premiums for the employee and dependents after they leave employment with the City. It is
funded on a pre-tax basis with employer dollars similar to our active HRA/VEBA. An employee committee was
formed to research this issue and on October 10, 2007 Council passed a resolution authorizing City employee
participation in a Post Employment Health Reimbursement Arrangement (PEHRA).
Staff has been working with each union to determine if they wish to participate and what the contribution formula
would be.
ISSUES
•
The International Union of Operating Engineers (IUOE) Local 49 is the first union to take advantage of this
program. The attached Letter of Understanding will be added to the 2007-2008 Labor Contract and identifies
the PEHRA contribution formula for this group.
•
This bargaining unit decided to contribute 100% of a participants allowed vacation and sick leave pay upon
termination of employment into the PEHRA account. These are hours that would have been paid out in cash
to an employee upon termination of employment but will now be directed to a PEHRA account. The City
will not be contributing any new dollars for this program.
ATTACHMENT
Letter of Understanding
LETTER OF UNDERSTANDING
CITY OF BURNSVILLE AND I.U.O.U., LOCAL 49
2007-2008 Contract
The EMPLOYER and the UNION agree to participate in a Post Employment Health Reimbursement
Arrangement (PEHRA) effective March 1, 2008. This program allows employees to save money on a
pre-tax basis to pay for qualified medical expenses after leaving employment in accordance with IRS
guidelines and plan design. Participation in this program is mandatory for all bargaining unit members.
Bargaining Unit members will be responsible for paying the administrative and trust fees related to their
account. The contribution formula will be as follows:
An Employee who qualifies for payment of sick and vacation hours upon leaving employment with the
City, as defined by Union contract or Employment Policy Manual, must place 100% of their allowed
severance (sick leave) pay, and 100% of their allowed vacation pay in their individual PEHRA account
at the time of termination.
FOR CITY OF BURNSVILLE
FOR IUOE, LOCAL NO. 49
By ________________________
By __________________________
By ________________________
By __________________________
By ________________________
By __________________________
Dated ___________________
Dated ____________________
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item number
ACTION:
______ Present Policy
_____ New Policy
_____ Required by Law
____ Clarification/Revision of Past Policy
_____ Previous Council Action
02/04/2008
4I
______ Council Theme __X_ Housekeeping
ITEM
Consider Resolution Authorizing Execution of Grant Agreement for THE GARAGE with the Minnesota
Department of Public Safety.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve a grant agreement with the Minnesota Department of Public Safety.
FACTS
Staff proposes the City enter into a contract with the Minnesota Department of Public Safety to continue and
increase THE GARAGE programs support of cultural diversity in the Burnsville area. The grant agreement is a
two year agreement with a grant value of $160,000.
The Minnesota Department of Public Safety has been an ongoing supporter of THE GARAGE and the City of
Burnsville.
ATTACHMENTS
Resolution
GB
1
RESOLUTION NO. 08-_____
CITY OF BURNSVILLE, MINNESOTA
RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT
FOR THE GARAGE WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY
BE IT HEREBY RESOLVED, that the City of Burnsville will enter into Grant
Agreement Number 2008-CC-00531 with the Office of Justice Programs in the Minnesota
Department of Public Safety for cultural diversity programs at THE GARAGE.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are hereby
authorized to execute such agreements and amendments, as are necessary to implement the
project on behalf of the City of Burnsville..
PASSED AND DULY ADOPTED by the City Council of the City of Burnsville,
Minnesota this 4th day of February, 2008.
Elizabeth B. Kautz, Mayor
Attest:
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
_____ Previous Council Action
2/04/2008
4J
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
Consider Resolution Approving a Cost Participation with Mn/DOT for the Rebuilding of the Signals at the East and
West Ramps of I-35W/Burnsville Parkway (07-502).
POLICY DECISION/ACTION TO BE CONSIDERED
Approve resolution authorizing cost participation with Mn/DOT for the rebuilding of the signals at the east and
west ramps of I-35W and Burnsville Parkway.
FACTS
The Minnesota Department of Transportation (Mn/DOT) has contacted the City requesting concurrence in the cost
participation for the traffic control signal rebuild project at the location mentioned. It is anticipate a bid letting date
of July 2008. In order to proceed with the project development process, Mn/DOT needs our concurrence regarding
project support, cost participation and partnering to enable this project to proceed.
Mn/DOT will remove the existing traffic control signal and install new traffic control signals with street lighting,
emergency vehicle preemption, interconnect and signing on the east and west ramps of I-35W and Burnsville
Parkway.
The cost percentages are based on the percentage of legs controlled by each roadway authority per current Mn/DOT
cost participation policy.
Agency
Mn/DOT
City of Burnsville
TOTAL
Estimated %
40%
60%
Estimated Share
$200,000
$300,000
$500,000
Mn/DOT assumes the cost responsibilities for design. The $500,000.00 amount includes all construction costs.
The City has included this project in our 2008 CIP, which is to be funded by MSA.
Approval of the cost participation for the traffic signal system at the east and west ramps of I-35W are
recommended.
ATTACHMENTS
Resolution
Bb
G:\shared\agenda\engineer\2008\02—4-08\4J signals I35W-Burns. Pkwy.
RESOLUTION NO. 08-_____
CITY OF BURNSVILLE, MINNESOTA
APPROVING COST PARTICIPATION WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION (Mn/DOT)
FOR REBUILDING OF SIGNALS AT THE EAST
& WEST RAMPS OF I-35W/BURNSVILLE PARKWAY
City Project Number 07-502
WHEREAS, Mn/DOT has requested preliminary approval of the replacement of the
traffic control system on the east and west ramps of I-35W and Burnsville Parkway;
WHEREAS, Mn/DOT has further requested concurrence and partnership in the cost
participation for the signal rebuild project; and
WHEREAS, Mn/DOT will remove the existing traffic control signal and install a new
traffic control signal with street lights, emergency vehicle preemption, interconnect and signing
on the east and west ramps of I-35W and Burnsville Parkway; and
WHEREAS, Mn/DOT has estimated the cost of the replacement at $500,000 and the
City’s share is estimated at $300,000 which is based on the percentage of legs controlled by the
agency; and
BE IT RESOLVED, that the City of Burnsville will be requesting that their funding
share come from Municipal State Aid (MSA) funds.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorizing
support for the project, partnership and cost participation in the rebuilding of the traffic control
signals at the east and west ramps of I-35W and Burnsville Parkway.
Passed and duly adopted this 4th day of February, 2008, by the City Council of the City of
Burnsville.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item number
2/04/2008
4K
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
_X__ Required by Law _____ Previous Council Action _____ Council Theme _____ Housekeeping
ITEM
Consider Approving Expenditure for Baseball Field Backstop Replacement at Alimagnet Park.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve the expenditure of $48,500 for the replacement of the backstop at Bunnell Field in Alimagnet Park.
.
FACTS
The local adult baseball association, BA 191 approached the City last fall asking if the City would partner with
them to upgrade the backstop and dugouts in Bob Bunnell Field in Alimagnet Park to the same standards as the
other adult baseball field in the park, Richard VanderLaan Field. The City and BA 191 have a long history of
partnering to make improvements to these fields including the concession stand / restroom building, upgraded
backstop and upgraded dugouts. BA 191 indicated it would be willing to extend its existing financial
partnership arrangement in include this project as well. The Council was supportive of this partnering
opportunity. There were some funds remaining from other park projects as a result of the excellent bidding
environment in 2007. These funds were reallocated to this project.
Staff prepared specifications for the backstop replacement and upgrade. Written quotes were obtained from two
fencing companies that the City has had excellent experience with in the past.
COMPANY
Mid-Metro Construction
Fenc-Co, Inc.
BID
$ 48,500.00
$ 48,840.00
Staff recommends that the project be awarded to the company which submitted the lower written quote, MidMetro Construction.
Staff will be bringing the excavation and construction of the footings for the dugout as well as the actual dugout
construction to the Council at future meetings.
RCO
G:\agenda\eng\2008\2-4-08\4k backstop replacement
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
New Policy
X Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
2/04/2008
4L
Present Policy
Council Theme
Housekeeping
ITEM:
Consider Approval of an Application for Inland Ryan LLC for a Planned Unit Development Amendment to
Allow a Therapeutic Massage Business to be Located at 511 East County Road 42; and Consider Findings of
Fact, Ordinance and Amended Planned Unit Development Agreement.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact and Approve the Planned Unit Development Amendment.
STAFF RECOMMENDATION (If different than Planning Commission): N/A
PLANNING COMMISSION ACTION / ISSUES:
At the January 28, 2008 meeting the Planning Commission held the public hearing and reviewed the application.
The Commission discussed the details of the application and was supportive of the land use.
No members from the public spoke at the public hearing. There are no outstanding issues.
PLANNING COMMISSION RECOMMENDATION:
On January 28, 2008 the Planning Commission voted 5 - 0 to recommend to City Council approval of the Planned
Unit Development Amendment to allow a therapeutic massage business in the existing building at 511 East
County Road 42.
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):
ATTACHMENTS:
(1/28/08) P. C. Report & Packet
(1/28/08) Unapproved P.C. Minutes
Findings of Fact
Other Exhibits:
JH
g:/Planning/Agenda/CC/2008/02-04-08/Inland Ryan LLC
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
Amended Interim Use Permit
Ordinance
Ordinance Summary
Resolution
Variance
Co
un
ty
R3A, PUD
Ro
ad
42
Inland Ryan LLC
501 County Road 42
Zoned: B2, PUD
Portland Avenue
R1
R1, PUD
.
Inland Ryan LLC
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
File 07-35
Roa
d 42
Portland Avenue
Cou
nt y
Byerly’s
Retail
Center
North
Inland Ryan LLC
Pictometry
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
1/28/08
4
07-35
PRESENTER:
Chris Slania, Planner
ITEM:
Public Hearing – Inland Ryan LLC – Application for a Planned Unit Development Amendment to Allow a
Therapeutic Massage Business to be Located at 511 East County Road 42.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted:
December 5, 2007
February 3, 2008
April 3, 2008
BACKGROUND/OVERVIEW:
Inland Ryan, LLC is requesting approval of a Planned Unit Development Amendment for a massage business
(Massage Envy) at 511 County Road 42 East. The subject site exists as two parcels. The larger parcel (6.15 acres)
to the west contains the Byerly’s store and the 2.26 acre site on the east contains a 21,300 square foot retail center.
This business will occupy 3,200 square feet of the retail center.
The subject property is zoned B-2, PUD (Neighborhood Business, Planned Unit Development). Massage
businesses, as a primary operation, are conditional uses and allowed by PUD or CUP within the B-2 District. The
site exists as a PUD and therefore the application is being processed as a PUD Amendment.
The properties to the west are zoned R-1 (Single Family Residential). The property to the east is zoned R-3B, PUD
(High Density Residential, Planned Unit Development). The property to the south is zoned Park. County Road 42
abuts the property to the north.
HISTORY:
The retail center was constructed in 1988 and the property has existed as a Planned Unit Development since 1985.
In 1987 the PUD was amended when the Byerly’s store was built.
PUD BENEFITS:
The site exists as a Planned Unit Development and therefore the application is being processed as a PUD
Amendment rather than a Conditional Use Permit. Allowing this tenant to operate in this retail center thereby
increasing the viability of the other tenants and the center by increasing the number of potential customers to the
site is a positive aspect of the proposal.
PUD DEVIATIONS: N/A
VARIANCE HARDSHIP: N/A
PLANNING COMMISSION BACKGROUND
Inland Ryan LLC
January 28, 2008
Page 2
DEVELOPMENT SUMMARY CHART:
Site Area:
Building Area
98,369 sq. ft. (2.26 Acres) (both parcels)
21,300 sq. ft. + 51,000 (both buildings)
Parking Required
Total Parking Required:
91 stalls Retail Center
402 stalls Byerly’s
493 stalls
Total Parking Provided:
532 stalls
PUD DETAILS:
Massage Envy is a nationally recognized franchise with several locations throughout the Twin Cities. The hours of
operation are Monday through Friday 8 a.m. to 10 p.m., Saturday 8 a.m. to 6 p.m. and Sunday 10 a.m. to 6 p.m.
The property is platted as Lots 1 & 2, Block 1, Interlachen South Phase VI.
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE:
The only exterior change proposed with the application is the addition of a sign on the front facade above the main
entrance. The business would be accessed fully from outside the retail center. No additional entrances or exits are
proposed or required by the Building Code.
PARKING / LOADING:
The site contains 90 parking stalls. Based on the square footage of the retail use within the building and proposed
massage business, the ordinance requires 91 stalls. Shared parking is available on the Byerly’s site through the
original PUD providing adequate parking.
TREE PRESERVATION: N/A
LANDSCAPING: N/A
SCREENING: N/A
SIGNAGE:
The applicant is proposing a Massage Envy sign on the north elevation of the building. The proposed sign is
approximately 35 sq. ft. in size designed with internally illuminated LED white letters mounted flush to the wall.
LIGHTING: N/A
ENGINEERING CONSIDERATIONS: N/A
The Engineering Department does not have any comments at this time.
PLANNING COMMISSION BACKGROUND
Inland Ryan LLC
January 28, 2008
Page 3
POLICE/FIRE/BUILDING CODE CONSIDERATIONS: N/A
PLANNING CONSIDERATIONS:
A massage business is an appropriate use for the site. Massage Envy is a well known franchise and with the high
demand for massage therapy, they will be a positive addition to this retail center. Staff is supportive of the
application. There will be no adverse affects to adjacent property.
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:
Staff recommends that the Planning Commission recommend to the City Council approval of the PUD Amendment
for a massage therapy business.
ATTACHMENTS:
Site Location Map
Pictometry
Other Exhibits
JH
G:\PLANNING\AGENDA\PC\2008\1-28-08\Inland Ryan LLC
LARGE ATTACHMENTS
Existing Conditions (Survey)
Preliminary Plat
Final Plat (City Council Only)
Site Plan
Grading
Utilities
Sign Plan (North Elevation)
Floor Plan
UNAPPROVED PLANNING COMMISSION MINUTES – JANUARY 28, 2008
4.
Public Hearing – Inland Rylan LLC – Application for a Planned Unit Development
Amendment to Allow a Therapeutic Massage Business to be Located at 511 East County
Road 42
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.
Manhart called for questions of staff:
No Questions.
At 8:26 p.m., Manhart opened/closed the Public Hearing and called for discussion among the
Commissioners.
No discussion.
Turner moved to approve the application. Currier seconded the motion.
Ayes: Dusterhoft, Esch, Manhart, Turner, Currier. Nays: None. Motion to approve passes (5-0).
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Inland Ryan LLC for a
Planned Unit Development Amendment
to allow a therapeutic massage business
to be located at 511 East County Road 42.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On February 4, 2008, the Burnsville City Council met at its regularly scheduled meeting
to consider the above application of Inland Ryan LLC for a Planned Unit Development
Amendment to allow a therapeutic massage business to be located at 511 East County Road 42.
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 is currently zoned B-2, PUD (Neighborhood Business, Planned
Unit Development).
2.
The Comprehensive Plan has identified this area as Neighborhood Business in
the future land use map.
3.
The B-2 District allows therapeutic massage businesses as a Conditional Use or
Planned Unit Development Amendment.
4.
The proposal fits with the character of the neighborhood and will not adversely
affect the surrounding land uses.
5.
The business’ location in the retail center will result in an economic benefit to the
center by attracting customers.
6.
No exterior changes to the existing building or footprint.
7.
The site provides sufficient parking for the proposed use.
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 4th day of February, 2008.
CITY OF BURNSVILLE
By:
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
g:\legal08\ Inland Ryan LLC FF (07-35)
2
Sq. Ft.
51,051
11,280
1,200
2,420
1,540
1,674
3,200
Unit #
1
2
3
4
5
6
7
Byerly's
Erik's Bike Shop
Nail & Hair Design
Pilgrim Cleaners, Inc.
U.S. Health & Nutrition
Great Clips
Vacant
Tenant
Center Size: 72,365 Sq. Ft.
Byerly's Burnsville
401-511 East County Road 42
Burnsville, MN 55337
STORE LISTING
Co
unt
#42
®
3 4
7
Inland Real Estate Corporation
Charles Cimorelli
2901 Butterfield Road
Oak Brook, Illinois 60523
[email protected]
877 206-5656
www.inlandrealestate.com
5 6
THE MIDWEST MARKETPLACE FOR RETAIL SPACE
Information given in this presentation is subject to verification and no liability for errors or omissions is assumed.
43,100 CPD County Road 42
30,000 CPD I-35E
3 Mile
84,310
$94,986
Traffic Count
2 Mile
37,615
$92,919
1 Mile
11,293
$87,668
2
oad
yR
items in blue are owned by others
Public Park
Demographics:
2005 Population
2005 Avg HH Income
1
Byerly's Burnsville
Portland Avenue South
PROJECT NAME:
R
ADDRESS:
BURNSVILLE, MN
DESCRIPTION:
PROPOSED
NEW SIGNAGE
DRAWN BY:
B.KELLEY
DATE:
11.7.07
REVISED:
NORTH ELEVATION
SCALE:
2'-6 "
1'-3 1/2"
2'-3 1/4"
CUSTOM
CUSTOMER / LANDLORD
APPROVAL:
15'-8 1/4"
INTERNALLY ILLUMINATED L.E.D LETTERS
MOUNTED FLUSH TO WALL.
LETTERS TO HAVE TRANSLUCENT WHITE
ACRYLIC FACES WITH WHITE RETURNS.
Sign Art Co.
Eau Claire, WI
St. Paul, MN
PH 651-688-0563
FX 651-688-2081
ME-Burnsville-Photo
THIS DRAWING WAS CREATED TO ASSIST
YOU IN VISUALIZING OUR PROPOSAL.
THIS DRAWING IS PROPERTY OF SIGN ART
COMPANY AND MAY NOT BE REPRODUCED
BY OTHERS.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
New Policy
X Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
2/04/2008
4M
Present Policy
Housekeeping
ITEM:
Consider an Interim Ordinance Amending Title 10, Chapter 30 of the Burnsville City Code Concerning Banner
Signs for Condominiums.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Ordinance.
STAFF RECOMMENDATION (If different than Planning Commission): N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission held the public hearing on January 28, 2008 and reviewed the ordinance. No members
of the public spoke. The proposed interim ordinance would offer a marketing tool to condo developers to help
with the current housing market.
The Planning Commission was supportive of the proposed ordinance but questioned the limited time for
displaying the banners (May 1 to October 31). Staff clarified the timing of the condo banners was consistent with
the timing of the multi family housing. The Commission, to help address the current market, recommended the
banners be permitted all year rather than 6 months. Commission members suggested the permit be issued for 6
month terms and not to exceed two consecutive terms. The length of the interim ordinance was also reduced from
two years to one year, expiring on February 1, 2009, to allow for an earlier evaluation.
After discussing the matter with the City Attorney, staff is advising a full 2 year interim period rather than 6
month intervals with 1 renewal option. The reason for this is to be consistent with the previous apartment banner
concept, of which the City experienced no problems, and to reduce the administration needed to issue and enforce
the permit. If there is a problem, the City Council may re-visit the interim ordinance and make changes or revoke
at any time. Staff does not anticipate any problems. As far as the idea of posting the signs year-round rather than
May-October, the rationale behind the apartment banners was that people move less in the winter, the sun sets
earlier meaning less visibility in winter, and the strong winter winds make for potentially tattered banners and
maintenance issues. Considering the Parade of Homes spring event begins in February it makes sense to allow
advertising from Feb 1st to October 31st. The attached ordinance is reflective of staff’s recommendation and most
consistent with the apartment banner interim ordinance as discussed at the Council worksession.
PLANNING COMMISSION RECOMMENDATION:
On January 28, 2008 the Planning Commission voted 5 - 0 to recommend to City Council approval of the
Ordinance Amending Title 10, Chapter 30 of the Burnsville City Code Concerning Banner Signs for
Condominiums with certain modifications. Due to administration/enforcement constraints, the Commission’s
recommendation has not been fully incorporated into the interim ordinance.
PLANNING COMMISSION SUGGESTIONS:
COUNCIL AGENDA BACKGROUND
February 4, 2008
Condo Banners
Page 2
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:
(1/28/08) P. C. Report & Packet
(1/28/08) Unapproved P.C. Minutes
(__/__/__) PNRC Report
(__/__/__) Unapproved PNRC Minutes
(__/__/__) HOC DRC Report
(__/__/__) Unapproved HOC DRC Minutes
Findings of Fact
Minnesota Statutes
Other Exhibits:
Final Ordinance
CS
G:\PLANNING\AGENDA\CC\2008\02-04-08\Condo Banners.doc
Ordinance
Ordinance Summary
Resolution
Variance
ORDINANCE NO. ______
CITY OF BURNSVILLE
DAKOTA COUNTY MINNESOTA
AN INTERIM ORDINANCE AMENDMENT TO TITLE 10, CHAPTER 30 OF
THE BURNSVILLE CITY CODE CONCERNING
BANNER SIGNS FOR CONDOMINIUMS
CASE FILE NO. 08-02
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS AS FOLLOWS:
Section 1.
1.01
1,441 units.
BACKGROUND
Since 2002, there have been 332 new condominium units added to the already existing
1.02
Due to tighter lending standards and the uncertainties in the mortgage industry there has
been a decline in home sales in the Twin Cities region. According to the Southern Twin Cities
Association of Realtors, as of September 2007, home sales in Burnsville were behind the 2006 figures by
20.7 percent. At the end of September, Burnsville had 241 single family homes and 279 townhouse or
condo homes on the market.
1.03
Developers have asked for temporary relief to our sign ordinance to allow banners in an
effort to increase traffic and decrease vacancies for condominium properties in Burnsville.
Section 2.
DEFINITIONS
The following terms whenever used in this Ordinance shall be interpreted to mean:
CONDO FOR SALE BANNER: A banner placed on a building (principal structure or garage)
advertising that particular property for sale. The banner message or wording has no restrictions,
other than to advertise the property it is located on.
Section 3.
TEMPORARY DISPLAY OF CONDO SALE BANNERS
Condo For Sale Banners may be displayed as follows:
1.01
Banners may be displayed from February 1 through October 31.
1.02
A sign permit is required from the Building Inspection Department, for each month or
portion thereof, the sign is displayed.
1.03
No more than one (1) banner shall be allowed for each condominium property up to one
hundred fifty (150) square feet displayed on one side of one building except that if the property is a corner
lot, then one banner up to one hundred (100) square feet may be displayed on two sides of the building.
1.04
Banners shall not be placed above the roofline of the building.
1.05
Banners shall not be placed on poles or other devices and located on the ground.
1.06
or unsecured.
All Banners shall be maintained such that they do not become ripped, torn, defaced, loose
ORDINANCE NO. ______
Page 2
Section 4.
ENFORCEMENT
The City may enforce this ordinance by injunction or any other appropriate civil remedy in any
court of competent jurisdiction.
Section 5.
SEPARABILITY
Every section, provision or part of this ordinance is declared separable from every section,
provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be
invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section,
provision or part of this Ordinance.
Section 6.
DURATION
This Ordinance shall take effect upon its approval by the City Council and shall remain in
effect until February 1, 2010.
PASSED AND DULY ADOPTED THIS 4th day of February, 2008, by the City Council
of the City of Burnsville.
CITY OF BURNSVILLE
By:
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
gG:\AGENDA\Planning\2008\02-04\4M Banner Signs\Final Interim Ordinance.doc
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
1-28-08
5
08-2
PRESENTERS:
Chris Slania, Planner
ITEM:
Public Hearing – City of Burnsville - Application for an Interim Ordinance to Title 10, Chapter 30 of the
Burnsville City Code Concerning Banner Signs for Condominiums.
60-DAY RULE SUMMARY: N/A
BACKGROUND/OVERVIEW:
The City has previously adopted interim ordinances for banners for multi-family rental and for employment signs
as a response to stressed market conditions. Staff is now recommending a similar interim ordinance for condo
projects since they are not selling well in the current housing market. Staff recommends an interim two year
period to allow banners on condominium projects with the same size requirements.
Ordinance provisions include the following:
•
•
•
•
Banners may be displayed from May 1 through October 31.
A sign permit is required.
One (1) banner up to 150 square feet shall be allowed for each property, unless the property is a corner lot,
then the banner can be up to 100 square feet and may be displayed on two sides of the building.
Banners shall not be placed above the roofline of the building.
HISTORY:
This item was discussed at the Council work session on December 11, 2007. The Council was interested in
pursuing an ordinance amendment.
PUD BENEFITS: N/A
PUD DEVIATIONS: N/A
VARIANCE HARDSHIP: N/A
DEVELOPMENT SUMMARY CHART: N/A
PUD/PLAT DETAILS: N/A
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE: N/A
PARKING / LOADING: N/A
TREE PRESERVATION: N/A
PLANNING COMMISSION BACKGROUND
City of Burnsville Sales Banners for Condominiums
January 28, 2008
Page 2
LANDSCAPING: N/A
SCREENING: N/A
SIGNAGE: N/A
LIGHTING: N/A
ENGINEERING CONSIDERATIONS: N/A
POLICE/FIRE/BUILDING CODE CONSIDERATIONS: N/A
PLANNING CONSIDERATIONS:
Due to the unique housing market, staff has been approached by a number of developers regarding this issue. This
is an opportunity to offer another marketing tool. An interim ordinance allows staff, Planning Commission, and
Council the opportunity to re-evaluate this marketing tool again in two years.
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. The Planning Commission should consider the benefits and/or negative
aspects of the proposed amendment.
RECOMMENDATION (With Conditions):
Staff recommends that the Planning Commission recommend approval of the proposed ordinance amendment to
the City Council.
ATTACHMENTS:
Site Location Map
Pictometry
Other Exhibits
Draft Interim Ordinance
JH
LARGE ATTACHMENTS
Existing Conditions (Survey)
Preliminary Plat
Final Plat (City Council Only)
Site Plan
Grading
Utilities
Building Elevations (Color)
Building Elevations (Plan Sheet)
Floor Plans
Tree Inventory
Landscape Plan
Roof-top Screening
Lighting Plan
Sign Plan
Other Exhibits (List)
UNAPPROVED PLANNING COMMISSION MINUTES – JANUARY 28, 2008
5.
Public Hearing – City of Burnsville – Application for an Interim Ordinance Amendment to
Title 10, Chapter 30 of the Burnsville City Code Concerning Banner Signs for
Condominiums.
Slania presented an overview of the application advising that staff recommends that the Planning
Commission recommend to the City Council approval of the application.
Manhart called for questions of staff.
Manhart asked if the size was one banner up to 150 square feet.
Slania stated yes unless the property is on a corner then they would be allowed 100 square feet on each
side.
Esch asked if the banner located on the corner of Burnsville Parkway and Nicollet Avenue saying “Only
10 Units Remaining” was not suppose to be there.
Slania stated he would have to look into that further.
Esch asked what the difference was between that and the ordinance.
Esch clarified the first bullet item was from May 1 to October 31 so if the sign is up now, it would still be
illegal.
Slania agreed it could be.
Currier stated she sees it every day and it’s been up a long time.
Currier then asked if this was temporarily approved now, would this come back to the Commission or
Council to approve permanently.
Slania stated yes. Staff will review this in two years. If Council feels it was reasonable, it would come
back for a permanent change with approval by the Planning Commission. If it’s a failure with too many
enforcement issues, the ordinance will sunset after two years and the ordinance will revert back.
Turner asked what drives the dates of May 1 to October 31 and is the fee for a month to month period.
Slania stated the permit would be for that period of time. The dates were based on the multi family rental.
The Commission could make their recommendations as to what dates to use.
Turner would like to see the time frame eliminated due to the housing crunch that exists as long as
someone is willing to pay the fees.
Esch commented that the maintenance and house keeping will be a challenge to enforce.
Turner suggested that if a banner is not in compliance, then the permit will not be renewed.
Unapproved Planning Commission Minutes
January 28, 2008
City – Banner Signs for Condominiums
Page 2
Slania stated that the Commission could direct staff to look into the reason for the deadline and staff could
present enforcement issues to the City Council but for now he could explore the extended amount of time.
Esch stated the Commission should move forward in some method but recommend that enforcement be
looked at.
Slania also stated the Commission could limit the interim time to one year and see how things go before
making it permanent.
Teiken stated he liked the idea of having a 6 month permit but not to exceed one year would be good.
Currier asked to clarify then the Commission would relook at this ordinance in one year.
Slania stated it could expire on February 1, 2009 instead of 2010.
Teiken asked if one year would give staff enough time to see if the ordinance worked.
Slania stated there had been other sign ordinances that had a limit of one year.
At 8:37 p.m., Manhart opened/closed the Public Hearing and called for discussion among the
Commissioners.
Currier moved to approve the application. Turner seconded the motion.
Ayes: Dusterhoft, Esch, Manhart, Turner, Currier. Nays: None. Motion to approve passes (5-0).
ORDINANCE NO. ______
CITY OF BURNSVILLE
DAKOTA COUNTY MINNESOTA
AN INTERIM ORDINANCE AMENDMENT TO TITLE 10, CHAPTER 30 OF
THE BURNSVILLE CITY CODE CONCERNING
BANNER SIGNS FOR CONDOMINIUMS
CASE FILE NO. 08-02
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS AS FOLLOWS:
Section 1.
1.01
1,441 units.
BACKGROUND
Since 2002, there have been 332 new condominium units added to the already existing
1.02
Due to tighter lending standards and the uncertainties in the mortgage industry there has
been a decline in home sales in the Twin Cities region. According to the Southern Twin Cities
Association of Realtors, as of September 2007, home sales in Burnsville were behind the 2006 figures by
20.7 percent. At the end of September, Burnsville had 241 single family homes and 279 townhouse or
condo homes on the market.
1.03
Developers have asked for temporary relief to our sign ordinance to allow banners in an
effort to increase traffic and decrease vacancies for condominium properties in Burnsville.
Section 2.
DEFINITIONS
The following terms whenever used in this Ordinance shall be interpreted to mean:
CONDO FOR SALE BANNER: A banner placed on a building (principal structure or garage)
advertising that particular property for sale. The banner message or wording has no restrictions,
other than to advertise the property it is located on.
Section 3.
TEMPORARY DISPLAY OF CONDO SALE BANNERS
Condo For Sale Banners may be displayed as follows:
1.01
Banners may be displayed from May 1 through October 31.
1.02
A sign permit is required from the Building Inspection Department, for each month or
portion thereof, the sign is displayed.
1.03
No more than one (1) banner shall be allowed for each condominium property up to one
hundred fifty (150) square feet displayed on one side of one building except that if the property is a corner
lot, then one banner up to one hundred (100) square feet may be displayed on two sides of the building.
1.04
Banners shall not be placed above the roofline of the building.
1.05
Banners shall not be placed on poles or other devices and located on the ground.
1.06
or unsecured.
All Banners shall be maintained such that they do not become ripped, torn, defaced, loose
ORDINANCE NO. ______
Page 2
Section 4.
ENFORCEMENT
The City may enforce this ordinance by injunction or any other appropriate civil remedy in any
court of competent jurisdiction.
Section 5.
SEPARABILITY
Every section, provision or part of this ordinance is declared separable from every section,
provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be
invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section,
provision or part of this Ordinance.
Section 6.
DURATION
This Ordinance shall take effect upon its approval by the City Council and shall remain in
effect until February 1, 2010.
PASSED AND DULY ADOPTED THIS 4th day of February, 2008, by the City Council
of the City of Burnsville.
CITY OF BURNSVILLE
By:
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
G:\AGENDA\Planning\2008\02-04\4M Banner Signs\Draft Interim Ordinance.doc
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
X
New Policy
Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
02/04/2008
4N
Present Policy
Housekeeping
ITEM:
Consider Approval of an Assessment Agreement Between the City of Burnsville and Robert Allan Hatten for
Property Located at 1200 E. Highway 13.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Assessment Agreement.
FACTS
On September 20, 2004 the City Council approved a CUP for Burnsville Bowl. The CUP included improvements
to the exterior of the building and the addition of landscaping. As a condition of approval, Mr. Hatten was
required to replace the entire parking lot and add curb and gutter and landscaping no later than September 20,
2006. This date has passed and Mr. Hatten has not installed all of the required improvements and thus is in
violation of the CUP. The City has taken Mr. Hatten to court to enforce the provision and require Mr. Hatten to
replace his parking lot, add curb and gutter and install certain landscaping. Mr. Hatten contended in court, that he
is selling the property and does not want to put the money into the required improvements if the site would be
cleared anyway to make room for a new building.
As a court settlement, the City agreed to allow Mr. Hatten to continue to market his property and if the property
does not sell by spring 2008, then the improvements will be installed. Mr. Hatten has signed the attached
Assessment Agreement with the City to facilitate the installation of the required improvements. The Assessment
Agreement is attached. Should Mr. Hatten not perform by May 2008, then the City is granted permission to do
the work and assess the costs to his property. A separate future assessment role would then be brought forward to
the Council at that future date. An alternative to this agreement would be to proceed with revocation of the CUP
which could have very serious implications on the operation of the business.
The City Attorney and staff are recommending the Council adopt this as a means to satisfy the court and enforce
the terms of the CUP.
ATTACHMENTS
Assessment Agreement
JF
G:\PLANNING\AGENDA\CC\2008\Burnsville Bowl
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
_____ Previous Council Action
02/04/2008
4O
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
Consider Approval of a Professional Services Agreement with Amcon, Inc. for Owner’s Representation Services
for the Performing Arts Center.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve the Agreement
FACTS
In accordance with the approved budget and city purchasing guidelines Amcon Inc. was retained for professional
services from October through December 2007 as an Owner’s Representative for the Performing Arts Center (not
to exceed $20,000). Staff felt this was essential to the success of the facility in that an independent, third party
could help to oversee construction and decipher construction-related and technical details for the City.
Amcon, Inc. reviewed the performance of the contractor on a regular basis and monitored and reported its findings
to the City. In addition, Amcon, Inc. reviewed value engineering proposals during final design, reviewed plans and
construction contracts during preconstruction/contract documents and bidding, attended regular project meetings,
observed and inspected the progress and quality of work, reviewed change order items, coordinated the project’s
special testing and inspections firm and more as outlined in the Phase 1 contract.
ISSUES
Staff is recommending that Phase 2 Services be authorized via approval of an amendment to the contract for
professional services at a reduced fee not to exceed $60,000. All services, as outlined in the contract, will continue.
Phase 2 Services will be rendered from January 1st, 2008 through completion of the project including close-out and
warranty reviews after substantial completion. Funding for this professional service is included in the overall
project budget.
A copy of the contract and the proposed Contract Amendment is on file in the City Clerk’s Office.
ATTACHMENTS
None
/BD
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
X
New Policy
Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
2/4/2008
4P
Present Policy
Housekeeping
ITEM:
Consider Application for Sherman Associates, Inc. for Concept Stage Approval of a Planned Unit Development
Amendment for Construction of an Office Building Located at 151 West 126th Street; and Consider Findings of
Fact for Denial.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact for Denial.
STAFF RECOMMENDATION (If different than Planning Commission): N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission held the public hearing on October 8, 2007 and reviewed the project. No member
from the public spoke regarding the application. The Commission discussed the design and height of the
building. Staff clarified the building height may be closer to 55 feet than the previously stated 52 feet.
The parking deviation was a concern for the Commissioners. There was consensus that the project should be
responsible for its required parking without relying on future public improvements.
The Commission also discussed the driveway location for the surface parking lot on the south side of the building.
The applicant was encouraged to realign the west driveway onto Pillsbury Avenue to match the existing school
Driveway on Pillsbury. Redesigning the surface lot may be more efficient and support additional parking stalls
on site.
Since the Planning Commission meeting in October, Sherman had met with the City Council at the Dec 11, 2007
worksession to discuss the option of doing senior rental housing on the site. As part of the discussion, he stated
that the financial numbers and the market do not work for office at this time. Staff followed up with Mr. Sherman
to discuss options for moving forward. Since that meeting, Mr. Sherman has not responded as to how he would
like to proceed with the development of his property. The statutory review period for this application expires on
February 18th and staff has left messages with Mr. Sherman’s office regarding the deadline and options to extend.
At this point, the City has not received an extension of the application nor revised plans and must recommend
denial based on the plans submitted. Findings of Fact for Denial are attached. The existing PUD for
condominiums will remain in place. If denied, Mr. Sherman cannot apply for the same PUD amendment within 6
months, except if new evidence or proof of change of conditions is brought forward.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission voted 4-1 (Commissioner Esch dissenting) to recommend to the City Council approval
of the application by Sherman Associates, Inc. for Concept Stage approval of a Planned Unit Development
Amendment for construction of an office building located at 151 West 125th Street.
PLANNING COMMISSION SUGGESTIONS: N/A
COUNCIL AGENDA BACKGROUND
February 4, 2008
Sherman Associates
Page 2
LEGAL DOCUMENTS:
City Council conditions of approval shall be incorporated into the following legal documents:
Development Contract (Plat)
Development Contract & Amd. PUD Agrmt
PUD Agreement
Amended PUD Agreement
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
ATTACHMENTS:
(10/8/07) P.C. Report & Packet
(10/8/07) P.C. Minutes
(__/__/__) PNRC Report
(__/__/__) Unapproved PNRC Minutes
Findings of Fact for Denial
Other Exhibits:
JH
g:\Planning\Agenda\CC\2008\02-04-08\Sherman Associates Concept
G:\AGENDA\Planning\2008\02-04\4P Sherman Associates, Inc\1 - Council Report 02-04-08.doc
Ordinance
Ordinance Summary
Resolution
Variance
Sherman Associates, Inc.
151 126th Street West
Zoned: HOC1, PUD
126th Street
PU
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1
C
HO
HOC2
B
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D
Nicollet Avenue
HOC2
est
Pillsbury Avenue
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Sherman Associates, Inc.
File 07-23
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
.
Site
North
Sherman Associates, Inc.
Pictometry
Nicollet Avenue
Pillsbury Aven
ue
126th Street W
est
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
10/8/07
4
07-23
PRESENTERS:
Chris Slania, Planner
Chuck Burdick, Sherman Associates, Inc.
Kristen Raduenz, Sherman Associates, Inc.
ITEM:
Public Hearing - Sherman Associates, Inc -. Application for Concept Stage Approval of a Planned Unit
Development Amendment for Construction of an Office Building Located at 151 West 126th Street.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
August 24, 2007
October 23, 2007
BACKGROUND/OVERVIEW:
Sherman Associates, Inc. is requesting Concept Stage approval of a Planned Unit Development Amendment for
construction of a three story, 31,800 square foot office building located at 151 West 126th Street. The application is
for Concept State approval only and the applicant would need to obtain Development Stage approval prior to the
issuance of any permits. Should the project move forward detailed architectural and engineering plans will be
reviewed by the Heart of the City Design Review Committee, Planning Commission and City Council as part of
the Development Stage process.
The site is zoned HOC-1, PUD (Heart of the City, Planned Unit Development) and guided as City Center Mixed
Use in the Comprehensive Plan. The Performing Arts Center site to the north, Grande Market Place and the HOC
Park and Ride to the east and south are also zoned HOC-1, PUD. The Burnsville Senior Campus on the west side
of Pillsbury Avenue is zoned HOC-2.
HISTORY:
The site is vacant and was previously home to the Knight Seed building. The property is owned by Sherman
Associates who purchased the site from the Burnsville Economic Development Authority (EDA) in 2005. In
September of 2005 Sherman Associates received Concept and Development Stage PUD approval of a plat and a 39
unit, four story condominium building with underground parking. The condo building has not been constructed
and the applicant is now requesting conceptual approval to change the use from residential to commercial office.
PUD BENEFITS:
The property exists as a Planned Unit Development from the 2005 approval. The proposed project is significantly
different and therefore an amendment is required. The applicant has indicated a number of reasons for the change
in land use from residential to office. The Twin Cities market downturn for condos and townhomes was a factor in
the applicant’s request as well as the addition of the Performing Arts Center (PAC). The applicant indicated the
views from the site will be significantly impacted by the PAC causing more difficultly with the condo market.
The density and architectural mass of the project are consistent with the Heart of the City Framework and
surrounding land uses. Providing a significant amount of on-site and underground parking are benefits to the
surrounding neighborhood.
PLANNING COMMISSION BACKGROUND
Sherman Associates, Inc.–Concept Stage
October 8, 2007
Page 2
PUD DEVIATIONS:
•
•
•
•
Reduction in required parking by 8 stalls
Building height to exceed 50 feet as permitted in HOC-1
At least 65% of the street frontage of any lot shall be occupied by building facade, this requirement is not
satisfied along Pillsbury Avenue
Location and number of entrances to building
VARIANCE HARDSHIP: N/A
DEVELOPMENT SUMMARY CHART:
Based on Conceptual Information
Site Area:
Total Floor Area
Building Footprint:
Percent of Building Coverage:
29,326 S.F.
31,800 S. F.
10,800 S.F.
36%
Surface Parking:
Underground Parking:
126th Street Parking:
Total Parking Proposed:
34 Spaces
32 Spaces
15 Spaces
81 Spaces
Office Parking Required:
89 Spaces
0.67 Acres
PUD/PLAT DETAILS:
In accordance with the Zoning Ordinance, Concept Stage approval should be accompanied with Preliminary Plat
approval. As part of the purchase agreement the parcel is to be replatted as (Lot 4, Block 1, HOC PARKING
FACILITY). The plat was approved in 2005 and the applicant has been working with the City and Wells Fargo to
finalize the plat which includes the Knight Seed parcel, HOC Parking Ramp and Wells Fargo Bank. On September
4, 2007 the Council approved a time extension for recording the plat. The plat will be filed prior to the release of
any building permits for the project.
OVERLAY OR SPECIAL DISTRICTS
The site is located within the HOC-1 District. The application has been reviewed against the ordinance
requirements for Heart of the City.
BUILDING MATERIALS AND ARCHITECTURE:
The conceptual information depicts a classical design with a significant amount of glass, detailed cornice line and
plantings at a pedestrian scale along 126th Street. Neither building materials nor colors have been reviewed at this
time. The building setback requirements have been satisfied. The building contains three floors of office and an
underground parking garage. Due to the topography of the site the building will be perceived as four stories from
126th Street. When viewed from the surface parking lot on the south side of the building three floors will be
visible. Measured from the sidewalk along 126th Street the height of the proposed building is 52 feet. The
PLANNING COMMISSION BACKGROUND
Sherman Associates, Inc.–Concept Stage
October 8, 2007
Page 3
maximum height allowed within the HOC-1 is 50 feet. The height of the building may be adjusted in the final
design and therefore final height will be calculated during the Development Stage review.
The HOC Ordinance requires at least 65% of the street frontage of any lot shall be occupied by building facade
meeting the setbacks. The length of the building does not satisfy this requirement along Pillsbury Avenue thus a
deviation is required. There is also a need for a deviation due to the location and number of entrances to the
building. Buildings in HOC that contain non-residential uses on the ground floor shall have entrances spaced no
more than 60 feet apart. The applicant has requested a deviation based on the use of the building as an office rather
than a retail center. For security and access the applicant is proposing only two main entrances, one from 126th
Street and the second on the south side of the building adjacent to the surface parking lot.
PARKING / LOADING:
The proposal creates a demand for 89 parking stalls. A total of 81 stalls are provided through the underground
garage (32 stalls), the surface lot (34 stalls) and the (15) stalls directly in front of the building along 126th Street.
Pursuant to the HOC Ordinance when on-street parking is adjacent to a non-residential building the stalls on the
street shall be used to fulfill the parking requirements. Based on the conceptual information a parking deviation of
8 stalls will be required.
The location of the surface lot is well screened from 126th Street and views from the PAC and Nicollet Commons
Park by the proposed building. Due to the grade changes and location of the HOC Parking Ramp the lot will also
be screened from Burnsville Parkway. Surface parking areas facing a street need to be screened with a decorative
wall, railing, hedge, or a combination of these elements, to a minimum height of three feet and a maximum height
of four and one half feet above the level of the parking lot.
LANDSCAPING:
A detailed landscaping plan and planting schedule will be submitted with the Development Stage review.
SCREENING:
Cross sectional drawings and the location of any rooftop equipment will be submitted with the Development Stage
application to ensure all ordinance requirements are satisfied. The location of trash and recycling containers has
not been determined at this time.
SIGNAGE: N/A
LIGHTING: N/A
ENGINEERING CONSIDERATIONS:
As the plat has not been released to Dakota County for filing the Park Dedication fees have not yet been paid.
Based on the previous residential use the required dedication was $123,250. As commercial uses are calculated at
a lower rate the fees would be reduced to $7,705 (based on 2007 rates). Should the concept plan be approved, the
park fees will be collected at the commercial rate after Development Stage approval, but prior to issuance of a
building permit.
PLANNING COMMISSION BACKGROUND
Sherman Associates, Inc.–Concept Stage
October 8, 2007
Page 4
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
Police, Fire and Building Departments do not have comments at this time. A detailed review will take place with
the Development Stage review once the building plans have been finalized.
PLANNING CONSIDERATIONS:
The design submitted is consistent with the architecture of Sherman Associates neighboring projects (Grande
Market Square and Grande Market Place). The deviations suggested with the Concept Stage are not dissimilar to
other HOC projects. The HOC ramp may be utilized as additional parking if needed.
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. The Commission should consider the benefits and/or negative aspects of
concept for the office building.
HOC DESIGN REVIEW COMMITTEE ACTION:
The Heart of the City Design Review Committee reviewed the application on September 25, 2007. The Committee
recommended 3-0 the Planning Commission recommend approval of the application to the City Council. The
Design Review Committee discussed the reasonableness of the request with the recent changes to the market and
construction of the PAC. The Committee also encouraged the applicant to consider retail uses on the first floor or
at least the possibility of converting the first floor to retail in the future. A condition was included to provide
substantial screening along Pillsbury for the three parking stalls on the west side of the site. The Committee also
added a condition that the applicant provide pedestrian crossing from the southeast corner of the site to the HOC
Parking Ramp. The unapproved minutes of this meeting are attached for reference.
RECOMMENDATION (With Conditions):
Staff recommends Concept Stage approval of a Planned Unit Development Amendment for construction of a three
story office building located at 151 West 126th Street with the following condition:
1. Park dedication fees shall be collected at the commercial rate after Development Stage approval but
prior to release of a building permit.
2. At the time of Development Stage Review the applicant shall provide substantial screening along
Pillsbury for the surface parking stalls proposed.
3. At the time of Development Stage Review the applicant shall provide pedestrian crossing from the
southeast corner of the site to the HOC Parking Ramp.
PLANNING COMMISSION BACKGROUND
Sherman Associates, Inc.–Concept Stage
October 8, 2007
Page 5
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “x”)
Site Location Map
Pictometry
Other Exhibits
Unapproved HOC DRC Minutes 09-25-07
CS
G:\PLANNING\AGENDA\PC\2007\10-8-07\ Sherman Concept 151 126th Street.doc
LARGE ATTACHMENTS
Preliminary Plat
Final Plat
Survey
Site Plan (Sheet C-1)
Building Elevation (Sheet C-2)
Condo Elevation - 2005 Approval (Sheet A3.1)
Floor Plans
Landscape Plan
UNAPPROVED HOC DRC MINUTES – SEPTEMBER 25, 2007 MEETING
III.
Sherman Associates, Inc. - Application for Concept Stage approval of a Planned Unit
Development Amendment for construction of an office building located at 151 West 126th
Street.
Chris stated this project was originally approved in 2005 as a three story condominium building. Since
then market has changed and condos are not in high demand, the applicant is applying for a concept stage
approval for an office building. This is only a concept plan at this time and the applicant will have to go
through the City process in the future with detailed plans. At this point the committee will be discussing
the land use and whether going from all residential to office/commercial in that location is appropriate.
This plat was part of a larger project through the EDA which also included Wells Fargo and the HOC
parking ramp.
Chris discussed the deviations to the PUD which include:
•
•
•
•
Reduction in required parking by 8 stalls
Building height to exceed 50 feet as permitted in HOC-1
At least 65% of the street frontage of any lot shall be occupied by building facade, this
requirement is not satisfied along Pillsbury Avenue
Location and number of entrances to building
Wayne asked about the Wells Fargo remodeling. Chris said because the budget came in too high the plan
was put on hold. They have discussed other options – eliminating the drive through canopy and putting
ATMs in lower parking lot and that was several months ago.
City staff has no concerns with the concept plan at this time. The plantings and entrance give the building
pedestrian scale. Staff is recommending approval of the concept with one condition which addresses the
plat and park dedication fees that need to be paid.
Mary said this concept plan makes sense and there is a need to be responsive to market conditions. She
indicated the design should have screening of the parking area.
Chris said they are very close on the 65% on the building façade requirement. Minimum landscaping for
the parking will be 3 – 4 feet tall and they could do more with that.
Wayne asked who the target market will be for tenants. Kristen Raduenz of Sherman Associates,
responded they haven’t marketed to anyone in particular. She said they would probably target the
financial market. She said they would like to find a corporate user to go there.
Wayne asked about the possibility of having retail on the first level. Kristen said it was discussed but
they decided not to. Wayne said it’s important to look at the long term and with the new office buildings
on the AAA site, the area is still light on retail. It would be a good location for retail. Kristen said the
Grand Market Place building is having trouble filling the retail spots because of visibility and the signage
issue. She stated that if the Grand Market retail fills they could possibly add retail.
Chuck Burdick of Sherman Associates said that if retail is added to the office building, parking will
become an issue because more parking would be needed.
Unapproved HOC DRD Minutes
September 25, 2007
Sherman Associates, Inc.
Page 2
Mary asked if they could build it to allow the first floor space to be converted to retail at some point in the
future. Kristen replied they would be open to it.
Wayne said this location is a great retail location. A restaurant would be a great fit as there will be a lot
of foot traffic with the park nearby and the Performing Arts Center. Kristen said when the Performing
Art Center is closer to being done and it brings more people, they will look at the possibility of a retail
component.
Vicki said it’s important to look at the Pillsbury Street parking. She said there should be a walkway
between the ramp and the building. Mary said the ramp was not built to serve the HOC, it was for metro
transit. Chris said if people are the parking ramp, there should be pedestrian striping across the alley.
Chris said with retail they would be looking at different peak hours than for office – late in the evening
and weekends. Vicki said parking is always going to be an issue in the HOC. She asked how large the
building should be to get rid of deviations. Chris said if the building was smaller the parking would be
sufficient. Location and number of entrances is a use question. That deviation won’t go away.
Vicki said if it’s an office building the entrance isn’t an issue. If it’s retail, that would change.
Chris asked about the timeline. Chuck said they would like to see the Performing Arts Center open.
There are new improvements and people are watching for the changes in the area.
Vicki said need to be aware of the office buildings going up on AAA and that timing. Chris said the office
buildings at the AAA site could be about three months behind the PAC.
Chuck said he doesn’t think the AAA site will cause problems with leasing out the building.
Wayne emphasized the need to for retail in this location. He said they need to stay true to the HOC
requirements. Vicki said the whole concept was carried through with Cub and condos. The AAA may
have retail on main floor and office above. The concept was to make the HOC pedestrian and retail
friendly.
Mary said would rather see a building there because things can change. It’s important to get the people
there. The retail that’s in the HOC currently is not supported. She said she would like to see some
thought to making that first floor flexible.
The group agreed that the screening and the pedestrian crossing should be conditions and the land use is a
recommended item.
PLANNING COMMISSION MINUTES – OCTOBER 8, 2007
4.
Public Hearing – Sherman Associates, Inc. – Application for Concept Stage Approval of a
Planned Unit Development Amendment for Construction of an Office Building Located at
151 West 126th Street.
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.
Manhart called for questions of staff:
Turner clarified the building goes from 50 to 52 feet in height. She asked how much taller is the parapet
wall on the north side.
Slania stated it would be 2-3 feet taller.
Esch clarified that would make the building 55 feet tall on the north side.
Slania confirmed.
Esch asked if the Commission should add a condition that rooftop unit screening and trash placement be
included with the Development Stage Review.
Slania stated the Commission could recommend a condition but it is part of the ordinance.
Manhart wanted to clarify the placement of the building in relation to the parking lot.
Slania stated there are no minimum green space requirements. There is a 5 foot planter bed along 126th
Street with planter areas along the east side of the site. The planter bed is part of the foundation of the
building which enlarges the underground parking lot and gives the applicant additional space. The
building along 126th Street will be four stories tall and from the parking lot, it would be three stories tall.
There will be two entrance points one on the east and one on the west that will take you down into the
parking garage and the concept striping of the garage is shown on the plans.
Manhart then asked if the main entrance is from the parking lot.
Slania stated there are two entrances. For employees, the entrance would be from the surface lot. For
handicap accessibility and customer use, the entrance off 126th street will have an elevator and be ADA
accessible.
Manhart is very concerned about parking and he recalled that when the PAC came forward, there was a
lack of sufficient parking stalls just for that and it was understood and approved. Now we are lacking
here in parking.
Slania stated when addressing parking in HOC, on site or directly adjacent to the property can be
included. With the PAC, future improvements will have to accommodate that parking. In this situation,
the 8 stalls could be handled within the HOC Parking Ramp or on street but the deviation needs to be
addressed.
Manhart stated when this item comes back to the Commission, those items should be addressed.
Planning Commission Minutes 10-08-07
Sherman Associates, Inc.
Page 2
Teiken asked if the underground parking coming off Pillsbury will have a door.
Slania stated there will be an overhead door on either side and be a secure entrance or tenants.
Teiken asked why have entrances on both ends.
Slania stated it was for efficiency of vehicle movement and parking stalls.
Teiken asked why the surface parking lot didn’t come off Pillsbury.
Slania stated the grade allowed easier access off the alley rather than Pillsbury.
Teiken stated the parking ramp was made for commuters and this building would be occupied at the same
time and he would like to see parking addressed when it comes back to the Commission.
Turner asked if there was an entrance off Pillsbury on the original condo plan.
Slania stated the previous approved building took up more of the lot with no surface lot. Their access to
the underground was more centered on the block and not a second exit. The new proposed building is
providing more underground parking than the condo project.
Kristen Raduenz, Sherman Associates, Inc. 233 Park Avenue S, Minneapolis.
Manhart asked is the people coming into the building off 126th Street would go immediately into an
elevator. He also asked if there would be a lobby area.
Raduenz stated because of the grade change, they need to get up to the first floor and there would be a
lobby area at the street.
Manhart asked how much office space would there be available.
Raduenz stated it is proposed as all office space. The HOC DRC expressed a desire to see retail on the
first floor which would be considered if the market drives it. Then parking demands will be considered
and changes to the design of the building will also be considered.
Manhart asked if they looked at where trash might be handled.
Raduenz stated it would probably go into the garage which they could lose two stalls therefore needing a
10 stall deviation.
Manhart commented that when he sees a main entrance from the parking lot right in front of handicapped
parking, it doesn’t present itself as a good servable entrance. He suggested that pedestrian access directly
into the parking area instead of dumping out onto a handicap stall might service the tenants and visitors
better.
Raduenz clarified that they should look at shifting the handicap stalls on the surface lot out from the front
door.
Planning Commission Minutes 10-08-07
Sherman Associates, Inc.
Page 3
Esch asked how retail tenants versus office tenants would affect the parking requirements.
Slania stated retail parking is slightly more intense than office.
Raduenz asked if the city would consider on street parking on Pillsbury.
Slania stated that the city is considering the option of on street parking on Pillsbury. The width curb to
curb would satisfy two sides of parking and two-way traffic.
Slania showed the 2005 proposed building which was L shaped with a surface court yard, three parallel
parking stalls and an underground garage accessed mid block.
Turner asked if the proposed plan could have the entrance to the surface lot off Pillsbury since the old
plan showed an entrance to the underground lot in approximately the same place.
Slania stated he didn’t know the typography was with respect to the proposed building.
Turner asked if parking stalls could be picked up with if the entrance to the surface lot is moved.
Manhart also added that the mid block access would match up better to the driveway to the west
providing better traffic movement.
At 7:45 p.m., Manhart opened/closed the Public Hearing and called for discussion among the
Commissioners.
Esch: “I have two issues with it. Commissioner Dusterhoft and I were the two that voted against the
PAC due to the parking issues which I think may be in the process of being corrected but they aren’t at
this point. I know that it sounds like we have at least two other Commissioners here tonight that are
concerned about the parking with this project as well. Please hear me when I say that the parking needs
to be addressed. Everyone seems to be talking about sustainability today and yet there is nothing
sustainable about this project. If we were to put all of the parking underground, you would gain enough
space to have all the parking you need and perhaps still have a little courtyard on top or even add pervious
pavers on top. I think sustainability should be incorporated in this project and I don’t see it. If it comes
back in this form, I wouldn’t be in great support of it.”
Manhart: “I would also like to share your comments. I am very concerned about the parking issues with
this. I think that there cannot be this development that solely just depends on parking stalls outside of the
development itself to meet its requirements. I think that there has to be some working together with this
city as well as trying to see if there are other options on site to try to provide all of the parking that you
need. I appreciate the comments of the HOC Committee that reviewed this, and take those into account.
I look forward to seeing a final development plan that does provide us with all the elements that we like to
see out in the HOC.”
Manhart moved to approve the application with the following conditions:
Planning Commission Minutes 10-08-07
Sherman Associates, Inc.
Page 4
1. Park dedication fees shall be collected at the commercial rate after Development Stage
approval but prior to release of a building permit.
2. At the time of Development Stage Review the applicant shall provide substantial screening
along Pillsbury for the surface parking stalls proposed.
3. At the time of Development Stage Review the applicant shall provide pedestrian crossing
from the southeast corner of the site to the HOC Parking Ramp.
4. The applicant shall satisfy the parking requirements on site.
Turner seconded the motion.
Ayes: Currier, Manhart, Teiken and Turner. Nays: Esch. Motion to approve passes (4-1).
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application for Sherman Associates, Inc.
for Concept Stage Planned Unit Development
Amendment for Construction of an office
building located at 151 West 126th Street.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On February 4, 2008, the Burnsville City Council met at its regularly scheduled meeting
to consider the above application of Sherman Associates, Inc. for Concept Stage approval of a
Planned Unit Development Amendment for construction of an office building located at 151
West 126th Street.
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 site is zoned HOC-1, PUD (Heart of the City, Planned Unit Development).
2.
The site is guided as City Center Mixed Use in the Comprehensive Plan.
3.
The applicant has applied for a Concept Stage approval of a Planned Unit
Development Amendment for construction of an office building.
4.
The application exceeds the 50 foot building height permitted in the
HOC-1 District.
5.
The application does not provide the required 65% building street frontage along
Pillsbury Avenue.
6.
The applicant presented the City Council with an alternative use at the December
11, 2007 worksession.
7.
The applicant has not revised the Concept plans to address the parking and
driveway issues raised by the Planning Commission.
8.
The applicant has not granted an extension for more review time to the
application which expires on February 18, 2008.
DECISION
Applicant’s request for Concept Stage Planned Unit Development Amendment, is hereby
denied in accordance with the plans reviewed and recorded in Clerk’s Document No. D-08Adopted this 4th day of February, 2008.
CITY OF BURNSVILLE
By:
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
g:\legal07\ Sherman Associated FF (07-23)
2
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
_____ Previous Council Action
2/04/2008
5
______ Present Policy
______ Council Theme
______ Housekeeping
PRESENTER
Ryan Peterson – Assistant City Engineer
ITEM
Public Hearing – Consider Resolution Vacating a portion of the Drainage and Utility Easements located
within Lot 7, Block 3, LEISURE ESTATES.
POLICY DECISION/ACTION TO BE CONSIDERED
Adopt the attached resolution.
FACTS
The applicant is requesting the vacation of the southerly 5 feet of the 10 foot wide Drainage and Utility Easement
located along the north property line and the northerly 5 feet of the 10 foot wide Drainage and Utility Easement
located along the south property line of Lot 7, Block 3, LEISURE ESTATES.
These easements were originally dedicated to the City in the plat described above. The City generally receives 5’
wide easements on side yards in new plats presently. The side easements in this plat were 10’ in width and are
excessive for areas where limited overland drainage or no utility needs exist. The vacation of these easements has
been requested to allow construction of a new garage addition on the property, as part of the addition would be
located within the existing easement.
The proposed garage addition would only encroach within the northerly existing easement. However, as both
existing side easements are above what is currently required, the applicant has requested the excessive portion of
the southerly easement be vacated as well. This would allow the applicant to have greater use of the property.
The portions proposed to be vacated in no way affect the City’s infrastructure. The area is currently privately
maintained and there are no known future public needs for the proposed vacation area.
ATTACHMENTS
Location Map
Easement Vacation Exhibit
Resolution
JS
13018
13209
13213
13020
EASEMENT
VACATION
AREA
13217
13022
13212
13221
13026
13216
EASEMENT
VACATION
AREA
13225
13028
HU
MB
OL
D
TA
VE
13220
13100
13229
13233
City of Burnsville
100 Civic Center Parkway
Burnsville, MN 55337
(952) 895-4400
13104
13221 Humboldt Avenue
EASEMENT VACATION MAP
RESOLUTION NO. 08- ______
CITY OF BURNSVILLE, MINNESOTA
VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS
LOCATED WITHIN LOT 7, BLOCK 3, LEISURE ESTATES.
WHEREAS, a petition was duly filed requesting the Vacation of a portion of the Drainage and
Utility Easements located within Lot 7, Block 3, LEISURE ESTATES, City of Burnsville, Dakota
County, Minnesota, and
WHEREAS, the petitioner is the owner of said described property and the City of Burnsville is the
grantee of said drainage and utility easements, and
WHEREAS, the Clerk of the City of Burnsville fixed February 4th, 2008, as the date for public
hearing on said Petition at the Burnsville City Hall, City of Burnsville, Dakota County, Minnesota, and
the notice of said public hearing was published, and
WHEREAS, a public hearing upon said Petition was held at the aforesaid time and place with no
objections having been raised and the matter having been fully considered by the City Council of the City
of Burnsville, and said Council having determined that the portion of the drainage and utility easements is
no longer needed for public purposes.
NOW THEREFORE, BE IT RESOLVED that said Petition is granted and the following described
public drainage and utility easements is vacated in the City of Burnsville:
A 5.00 foot continuous strip of land lying over, under and across that part of Lot 7,
Block 3, LEISURE ESTATES, according to the recorded plat thereof, Dakota County,
Minnesota, the southerly line of which lies 10.00 feet southerly of, and parallel with, the
northerly line of said Lot 7, Block 3, EXCEPT that part thereof lying 10.00 feet westerly
of, and parallel with, the easterly line of said Lot 7, Block 3.
Together with:
A 5.00 foot continuous strip of land lying over, under and across that part of said
Lot 7, Block 3, the northerly line of which lies 10.00 feet northerly of, and parallel with,
the southerly line of said Lot 7, Block 3, EXCEPT that part thereof lying 10.00 feet
westerly of, and parallel with, the easterly line of said Lot 7, Block 3.
The west extend of said described 5.00 foot strips is to terminate on the west line of
said Lot 7, Block 3.
Passed and duly adopted by the City Council of the City of Burnsville this 4th day of February, 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
New Policy
X Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
2/04/2008
6
Present Policy
Housekeeping
PRESENTERS:
Chris Slania, Planner
Dave Philips, Philips Architects
ITEM:
Consider Approval of an Application for Walser Real Estate, LLC for a Rezoning from B-3 (General Business) to
B-3, PUD (General Business, Planned Unit Development), Preliminary and Final Plat Approval of a One Lot
Subdivision to be Known as WALSER ADDITION, and Concept and Development Stage Approval of a Planned
Unit Development for Construction of a New Honda Dealership to be Located at 14800 and 14900 Buck Hill
Road; and Consider Findings of Fact, Ordinance, and Development Contract and Planned Unit Development
Agreement.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact and Ordinance, and Approve the Development Contract and Planned United
Development Agreement.
STAFF RECOMMENDATION: N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission held the public hearing on January 28, 2008 and reviewed the application. The
Commission was supportive of the land use, building’s architecture and wall signage as proposed. The
Commission discussed the use of a pervious system for the three individual display pads as well as repairing or
replacing the mechanical equipment within the wind generator to encourage retaining the structure.
At the Planning Commission meeting the applicant requested a significant change to the building layout
proposing an 11,500 sq. ft. area be used for indoor vehicle storage and showroom. The space was unexcavated
land located under the show floor space. This change affects the sites parking count, the proposed lower level
floor plan as well as Building and Fire Code requirements. Due to the limited time between the Planning
Commission and City Council meeting the staff review could not be completed. The applicant may proceed with
the initial floor plan or request the Council continue action until February 19, 2008.
Additional cross section views of the rooftop units were provided to the Planning Commission. The screening as
proposed is consistent with the ordinance and the Planning Commission eliminated condition number 6 in the
background report. Condition number 8 was also amended to include the dimming of the parking lot lights on the
west side of the property and the Honda wall sign located on the south elevation. Due to underground and
overhead utilities along the north side of Crystal Lake Road the number of trees planted within the Right-of-Way
is limited. To provide additional curb appeal along Crystal Lake Road condition number 9 was amended reducing
the number of trees and requiring the applicant plant and maintain low lying shrubs and ground cover.
Chuck Armstrong, representing the Board of Directors and owners of the Gramercy Club spoke to the application.
Comments made at the Public Hearing are included in the unapproved Planning Commission Minutes.
COUNCIL AGENDA BACKGROUND
February 4, 2008
Walser Honda
Page 2
PLANNING COMMISSION RECOMMENDATION:
On January 28, 2008 the Planning Commission voted 4 - 1 (Manhart dissenting) to recommend to City Council
approval of the applicant for a rezoning from B-3, to B-3, PUD, Preliminary Plat and Final approval to be known
as WALSER ADDITION, and approval of a Planned Unit Development with the following conditions:
1. The use of any exterior paging or intercom system shall be limited to the east side of the building.
2. All overhead doors shall remain closed between 10:00 p.m. and 7:00 a.m. with the exception of vehicles
entering or exiting the building.
3. Use of the carwash shall be restricted to individuals who purchase a vehicle from Honda and its employees
and shall only be operated between the hours of 7:00 a.m. and 10:00 p.m.
4. Loading and unloading of Semi transports outside of business hours is prohibited. In no event shall loading
or unloading occur before 7:00 a.m. and after 7:00 p.m.
5. The applicant shall provide a vertical architectural feature to the west elevation or additional blue awnings
over the overhead doors.
6. The applicant shall relocate the freestanding signs to be consistent with required setbacks.
7. The applicant shall provide a lighting plan consistent with the ordinance requirements. The parking lot lights
on the west side of the site (west of the showroom) and the Honda sign on the south elevation shall dim at
10:30 p.m.
8. The applicant shall revise the landscape plan to include at least six additional over story trees at the southwest
corner of the site as well as low lying shrubs or ground cover be added in the front of the lot to provide a
softer view from Buck Hill Road.
9. The applicant shall work with City staff to plant an additional 6 to 8trees in the Crystal Lake Road Right-ofWay with additional ground cover.
10. The applicant shall repair or replace the mechanical equipment to return the wind generator to operational
status or remove it prior to a certificate of occupancy.
11. The applicant shall use a pervious system on the three individual display pads.
12. The applicant shall work with staff regarding the proposed basement area and its requirements before going to
the City Council. If it causes additional deviations, the application will require reconsideration by the
Planning Commission.
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
Ordinance
Ordinance Summary
Resolution
Variance
COUNCIL AGENDA BACKGROUND
February 4, 2008
Walser Honda
Page 3
ATTACHMENTS:
(1/28/08) P. C. Report & Packet
(1/28/08) 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\02-04-08\Honda\Walser Honda.doc
B-3, PUD
I-35W
Buck Hill R
oad
B-3
R3
Burnhaven Drive
Burkards Drive
B,
PU
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Walser Real Estate LLC
14800/14900 Buck Hill Rd
Zoned: B-3
B-2
Walser Real Estate LLC
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
File 07-30
rive
ive
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North
Bu ck
Hill R
oad
Bur
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Burkards Dr
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Walser Real Estate LLC
Pictometry
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
1/28/08
3
07-30
PRESENTERS:
Chris Slania, Planner
Dave Philips, Philips Architects
ITEM:
Public Hearing – Walser Real Estate, LLC – Application for a Rezoning from B-3, (General Business) to B-3,
PUD (General Business, Planned Unit Development), Preliminary Plat Approval of a One Lot Subdivision to be
Known as WALSER ADDITION, and Concept and Development Stage Approval of a Planned Unit Development
for Construction of a New Honda Dealership to be Located at 14800 and 14900 Buck Hill Road.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted To:
October 24, 2007
December 23, 2007
February 21, 2008
BACKGROUND/OVERVIEW:
Walser Real Estate has requested a rezoning from B-3, (General Business) to B-3, PUD (General Business,
Planned Unit Development), Preliminary Plat approval to be known as WALSER ADDITION, and approval of a
Planned Unit Development for a new Honda dealership at 14800 and 14900 Buck Hill Road. Open sales lots
require a conditional use permit or PUD within the B-3 District.
The property is located directly north of Crystal Lake Road between Buck Hill Road and Burnhaven Drive. The
subject property is zoned B-3. The property is guided GB (General Business) in the Comprehensive Land Use
Plan. The properties to the north are zoned B-3. The properties to the south (across Crystal Lake Road) are a
combination of B-2 (Neighborhood Business) and R-3B, PUD (High Density Residential, Planned Unit
Development). The properties to the west (across Burnhaven Drive) are zoned R-1 (Single Family Residential)
and B-3.
The subject site is 10 acres in size and currently exists as four parcels. Three of the parcels are occupied by the
Subaru dealership (formerly Lincoln-Mercury Subaru). The fourth parcel is occupied by Honda. The application
would demolish the existing dealerships and combine all four parcels into one lot. The proposed building has a
footprint of 68,636 sq. ft. and gross floor area of 83,812 sq. ft. The site is designed with two main entrances to the
site off of Buck Hill Road, using existing driveways. The third access from Buck Hill Road will be eliminated.
The design provides secondary driveways off of Burnhaven Drive on the west and Burkards Drive to the north.
The new car inventory will be in the southeast corner of the site. The used inventory will be in the northeast corner
and the building located in the middle of the site. A storm water pond is proposed in the northwest corner of the
site.
HISTORY:
The 14800 Buck Hill Road (Honda) building was constructed in 1981 through Condition Use Permit approval as a
Buick dealership. The site received a number of CUP Amendments in the 1990s and was converted to Honda. The
14900 Buck Hill Road site (Lincoln Mercury Subaru) building was constructed in 1987 as a Ford dealership with a
Conditional Use Permit for outdoor sales. In 1993 the dealership was changed to Lincoln Mercury then began
selling Subaru vehicles in 2006 and received a variance for a second pylon sign (for Subaru).
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 2
In 2007 the Walser Automotive Group purchased the two dealerships and has been planning redevelopment for the
new Honda dealership and a relocation of Subaru to another site in Burnsville.
PUD BENEFITS:
The proposal is a significant improvement to the existing properties in a number of ways. The applicant is
investing significant capital into the site to continue operating in the community. The proposed building is well
designed with quality materials and allowing for redevelopment of two existing buildings. The application will
provide an economic benefit through an increased tax base and the number of employees on site. The existing
properties contain no storm water management and the proposed plan satisfies the City’s requirements.
PUD DEVIATIONS:
•
•
•
•
•
•
•
Allow two buildings on one lot (temporarily during construction)
Staff supports – discussed under PUD Details
Allow an increase in the amount of metal used on the building exterior
Staff supports – discussed under Materials and Architecture
Allow Wall signs on more than 2 sides of the building
Staff supports – discussed under Signage
Allow more than one Wall sign per facade
Staff supports – discussed under Signage
Allow two Freestanding signs on site
Staff supports – discussed under Signage
Allow reduced setbacks for the location of the Freestanding signs
Staff does not support – discussed under Signage
Allow lighting to exceed the ordinance limitations
Staff does not support – discussed under Lighting
VARIANCE HARDSHIP: N/A
DEVELOPMENT SUMMARY CHART:
Site Area:
Building Area:
Percent of Building Coverage:
Impervious Surface Coverage:
435,758 S.F.
682,636 S.F.
15.7 %
75 %
Green Area Required:
Green Area Proposed:
Green Area w/in Parking Lot Required:
Green Area w/in Parking Lot Proposed:
25 %
25 %
3%
18.8 %
Building Perimeter Landscaping Required:
Building Perimeter Landscaping Proposed:
50 %
60.6 %
Parking Required:
Parking Proposed:
133 Spaces
704 Spaces
10 Acres
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 3
PUD / PLAT DETAILS:
The applicant’s intent is to construct the proposed building while retaining the Honda operation in the existing
building until the new building reaches a point where it can be occupied. The demolition of the Subaru building
will be phased in a manner to allow construction of the new building while trying to maintain some operation out
of the existing building. The applicant is expected to apply for land use approval of a new and different Subaru
location in the near future. Although maintaining the existing and new structures on the lot will be temporary,
approval through the PUD is required to allow more than one principal stricture on one lot.
The subject site exists as four individual parcels. As part of the application, the four parcels will be combined into
a plat to be known as Lot 1, Block 1, WALSER ADDITION. The plat includes the proper drainage and utility
easements around the perimeter of the lot. Through the application process the City will be collecting outstanding
storm sewer fees of approximately $90,000. Park dedication fees for the site have been previously paid.
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE:
The Honda building is mainly comprised of aluminum composite panels. The panels representing most of the
building are white with the exception of the curved “drum” feature on the front elevation which is blue (similar to
the existing building). To provide contrast the wall signs and awnings on the east elevation are also blue. As with
the Walser Nissan dealership the panels are a high quality architectural material however the amount exceeds
ordinance requirements for metal and therefore a deviation is needed. The ordinance limits the use of metal as an
accent material and no more than 25% of any exterior wall. The proposal utilizes metal as a major material with
the amount ranging from 48% on the south elevation to 68% on the north elevation.
To provide additional materials and texture the applicant is proposing two types of block for the west half of the
building. The block is very apparent on the north south and west elevations. The primary block used is a
burnished (smooth) block while the other is a rockface block used as an accent band around the building. Both
blocks are a light gray / white color.
The allowable building height in the B-3 district is 35 feet. An increase in the building height is allowed by
Conditional Use Permit or Planned Unit Development. The height of the main portion of the building from the
finished grade at the entrance is 34 feet. The blue drum on the east elevation reaches a height of 44 feet. The drum
is an enclosed architecture feature providing a three dimensional aspect to the building. Although staff has no
concerns with the building height documentation of this ordinance provision is appropriate.
Attached to the packet are three-dimensional color renderings showing the buildings orientation into the hill and
the two story design at the northeast corner of the building. Material samples and computer generated perspectives
will also be available at the meeting. Due to the building’s proximity to Buck Hill Road and Interstate 35 the
application was reviewed against the Major Roadway Materials requirements. Although the amount of metal used
on the building requires a deviation, the proposed design satisfies the other requirements by providing a visual
pleasing east entrance, contrasting yet complementary colors, in addition to horizontal and vertical design features
with the exception of the west elevation. Views to this side of the building will be highly visible from Burnhaven
Drive and additional detail should be added. Staff recommends some type of vertical feature or additional blue
awnings over the doors to help separate the long facade.
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 4
The west elevation contains over head doors for vehicle access into the vehicle service area. The site is not
adjacent to residential property however there are single family homes on the west side of Burnhaven Drive. To
protect the neighboring properties from noise emitted from the building staff is recommending a condition that the
overhead doors remain closed after 10:00 p.m. and limiting the operating hours of the carwash. Staff and the
applicant also discussed limiting the use of any exterior paging or intercom system to the east side of the building
along Buck Hill Road. Conditions have been added.
PARKING / LOADING:
The proposed building will contain offices and a show room floor for car sales and parts storage as well as
mechanical servicing of customer cars. The ordinance requires a minimum of 133 parking stalls for customers and
employees. The proposal includes 259 stalls available for customers, vehicle service and employee parking. The
balance of the parking is for new (224 stalls) and used (219 stalls) inventory.
The site is well designed for emergency vehicle access as well as loading and unloading of semi transport trucks.
To enhance the sites storm water management and satisfy green space requirement the applicant is proposing 3,500
sq. ft. of pervious pavement along the north property line near the storm water pond.
The proposal includes two vehicle display pads located along Burkards Drive. Although the pads are located
outside of the delineated parking lot both satisfy the required parking setback. The pads are an improved concrete
surface proposed at grade, not artificially elevated. The two pads along Burkards Drive are designed for one
vehicle each. There is also a third single pad located within the parking lot near the northwest corner of the site.
The site is designed with multiple display areas adjacent to the east side of the building, all of which are at grade.
TREE PRESERVATION: N/A
LANDSCAPING:
The application includes a landscape plan consistent with the B-3 District requirements for the amount of green
space provided as well as parking lot and building perimeter landscaping. The plan provides a mixture of shrubs
and plantings around the building and in the green area in front of the building. Most of the landscape islands
within the parking lot contain an over story or ornamental tree to soften the hard surface. No species represents
more than 25% of the total plantings.
The site exists as developed property and therefore specific reforestation requirements are not applicable. The
applicant is removing $11, 400 of the tree value existing on site. The Landscaping Plan provides new trees in the
amount of $7,000, excluding the shrubs and ground cover proposed. The trees being preserved are in the southeast
corner of the site and along the far north property line is Burkards Drive.
The proposed plan shows limited plantings along the east property line between the property line and Buck Hill
Road. Staff recommends low lying shrubs or ground cover be added to provide a softer view from Buck Hill Road.
Utilizing the proper plant species in this area will provide additional curb appeal without blocking any views of the
inventory on site. A condition has been added.
The design incorporates a line of Black Hills Spruce and over story trees along Burnhaven Drive as a buffer from
the residential uses to the west. The applicant is also proposing a cluster of Spruce in the southwest corner of the
site to soften the views of the parking lot from Burnhaven Drive and Crystal Lake Road. Staff recommends six
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 5
over story trees be added to this corner and west property line to provide height to the proposed buffer. A
condition has been added.
Staff has also encouraged the installation of additional ornamental trees along the south property line adjacent to
Crystal Lake Road. Due to the steep slopes in this area the additional trees would need to be planted in the Rightof-Way at the top of the hill rather than on private property. On a preliminary level staff is comfortable with the
plantings in the Right-of-Way however a final plan needs to be established. A condition has been added that the
applicant work with City staff to plant an additional 12 to 16 trees in the Crystal Lake Road Right-of-Way.
SCREENING:
The height of the building and parapet walls will screen the views of the rooftop units from Buck Hill as well as
Burnhaven Drive. Two cross section drawings are included in the material. Due to the significant elevation of
Crystal Lake Road above the site additional screen walls are proposed to block views from the south. The west
side of the building which houses the service department is not as tall as the east facade. Due to the reduced
building height for a portion of the building some of the rooftop equipment may be visible even with the enhanced
six foot parapet walls. A cross section depicting the views from Crystal Lake Road will be available at the
meeting. Rather than addressing this through a deviation staff has added a condition that the rooftop units be
totally screened or relocated to be consistent with the ordinance requirements.
Trash and recycling will be stored within the building and accessed from the west side of the building. This
storage space is fully screened with doors consistent with the ordinance requirements. The proposed use as vehicle
display and sale requires screening three to four feet in height along the west property line as it is across the street
from residential. The landscape plan satisfies the requirements with 6 foot Black Hills Spruce along the west
property line. As the existing single family homes sit as much as 20 feet above the proposed west parking lot staff
is recommending the additional over story trees discussed under Landscaping.
SIGNAGE:
The applicant is requesting a number of deviations regarding both wall signage and freestanding signs. The
proposal has wall signs on three of the four sides of the building. The ordinance limits wall signage to only two
sides and thus a deviation is needed. The ordinance also limits the number of signs per side to one. The south
elevation is designed with two, a Honda and a Walser sign. Staff recommended the applicant locate the signs
closer to each other to be considered one. Due to manufacturer requirements the signs are shown separated and
therefore considered two. The east elevation is proposed with three signs, Honda, Walser and a Service Center
sign at the northeast corner of the site. Although the Service Sign is larger than the amount allowed for incidental
directional signage the request is reasonable due to the size of the proposed building and site. The wall sign
deviations are due to the number of signs on the building not the amount (square footage of the signage) requested.
As the amount of signage requested is less than half that allowed by the ordinance and the number of signs is
reasonable for the size of the building the deviation is supported by staff.
The applicant is requesting two freestanding signs over six feet to be located on site. The taller sign, a pylon sign,
is located on the east along Buck Hill Road. The proposed height, 32 feet, and the size, 196 sq. ft., are compliant
with the ordinance. The second sign, an 8’8” monument sign, is proposed along the west property line adjacent to
Burnhaven Drive. The ordinance permits only one sign to exceed six feet in height per lot and therefore a
deviation is required. (As with the wall signs the amount of signage requested is within the ordinance it is the
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 6
number of signs over six feet driving the deviation.) Due to the size of the parcel and its frontage on four different
streets staff is supportive of the second sign height of 8’8”.
As proposed the freestanding signs do not provide the proper setbacks required by the ordinance. The pylon sign
must be located 20 feet from the property line and five feet from any parking for drive area. The monument signs
proposed must be setback five feet from the property line and five feet from any parking for drive area. The
applicant has sufficient space to relocate these sign and therefore staff is not supportive of the deviation. Staff has
included a condition requiring the applicant to relocate the signs accordingly.
The applicant is proposing to retain the existing wind generator on the Honda site. Although there is value in
utilizing wind energy, the structure is not operational anymore. The generator is in a need of replacement parts to
function properly and is currently a local landmark and form of advertisement. Staff is supportive of preserving
the generator if it is made operational. A condition has been added that it be repaired or removed prior to a
certificate occupancy.
LIGHTING:
The applicant is proposing full cutoff light fixtures for the site. The light poles located on the west side of the site
nearest the single family homes have been reduced from 30 feet to 26 feet. These fixtures also contain a metal
shield attached to the west side of the fixture to reduce any glare or light spill toward the residential properties.
The balance of the light poles on site are at a height of 30 feet. The photometric plan submitted exceeds the light
spill at the perimeter lot lines. The applicant has requested a deviation through the PUD. Staff is not supportive of
the deviation and recommends the applicant provide a revised lighting plan. A condition has been added.
ENGINEERING CONSIDERATIONS:
The Plat provides Drainage & Utility Easements over all public utilities on the property. Drainage & Utility
Easements are also provided along all lot lines per City Standards. Existing Drainage & Utility Easements will
have to be vacated for this development, but new easements will be dedicated. Development fees of approximately
$90,000 will be due for the subject property.
Burnhaven Drive and 150th Street are scheduled for rehabilitation in 2009, according to the City’s Capital
Improvements Plan. Installation of a roundabout at the intersection of Burnhaven Drive and 150th Street is also
anticipated to be completed in conjunction with the rehabilitation project. The applicant has agreed to provide a
roadway easement located in the southwest corner of their property to allow for the construction of the roundabout.
Public sidewalks currently exist on both sides of Burnhaven Drive between 150th Street and Southcross Drive, with
the exception of the east side of Burnhaven between Burkards Drive and 150th Street. The applicant shall be
responsible for the cost of constructing the sidewalk along Burnhaven Drive adjacent to their property. This shall
be required as part of the Development Contract. The sidewalk would likely be completed in conjunction with the
roundabout construction.
The stormwater runoff created on the site is proposed to be collected and routed to various private treatment
systems before exiting the site. The private treatment systems include underground infiltration areas, a pervious
pavement section in a portion of the lot, and a stormwater pond. These structures will be privately constructed and
maintained. These measures allow the site to meet the requirements of the City’s Water Resources Management
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 7
Plan. A Stormwater Management Agreement will be required for the maintenance of the stormwater treatment
systems. This is a significant improvement to the site and will help improve the water quality in Earley Lake.
Private access driveways to the site from Buck Hill Road, Burkards Drive and Burnhaven Drive are remaining the
same with the exception of removal of one from Buck Hill Road.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
There are no outstanding issues from the Police, Fire or Building Departments.
PLANNING CONSIDERATIONS:
The proposal is a substantial redevelopment of two aging sites that currently provide no stormwater treatment. The
deviations requested and supported by staff, are reasonable due to the size of the building and unique location of
the parcel between four public streets. The applicant hosted a neighborhood meeting on January 23, 2008.
Discussion and questions from the neighbor’s focused on traffic, noise, lighting and landscaping along the south
side of the site adjacent to Crystal Lake Road. The applicant was receptive to the idea of additional trees along
Crystal Lake Road within the Right-of-Way where the slopes are more conducive to planting.
The conditions listed below (1 - 4) address the hours of operation for the carwash, the building’s overhead doors,
lighting and the semi transports are similar to conditions of other large dealership applications, specifically when
adjacent to residential districts. Conditions 5 – 8 address revisions to the submitted plans eliminating deviations
and bringing the applicant closer to compliance with the ordinance.
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
and Subdivision Ordinance and the Comprehensive Plan. The property exists as B-3 (General Business). The
open sales lot proposed for the site is consistent with the ordinance and previously approved CUPs. The proposed
plat creates one lot that meets the minimum size and width requirements for the B-3 District.
RECOMMENDATION (With Conditions):
Staff recommends approval of the request for rezoning from B-3, (General Business) to B-3, PUD (General
Business, Planned Unit Development), Preliminary Plat approval to be known as WALSER ADDITION, and
approval of a Planned Unit Development for a new Honda dealership at 14800 and 14900 Buck Hill Road with the
following conditions:
1. The use of any exterior paging or intercom system shall be limited to the east side of the building.
2. All overhead doors shall remain closed between 10:00 p.m. and 7:00 a.m. with the exception of vehicles
entering or exiting the building.
3. Use of the carwash shall be restricted to individuals who purchase a vehicle from Honda and its employees
and shall only be operated between the hours of 7:00 a.m. and 10:00 p.m.
4. Loading and unloading of Semi transports outside of business hours is prohibited. In no event shall
loading or unloading occur before 7:00 a.m. and after 7:00 p.m.
5. The applicant shall provide a vertical architectural feature to the west elevation or additional blue awnings
over the overhead doors.
PLANNING COMMISSION BACKGROUND
Walser Honda
January 28, 2008
Page 8
6.
7.
8.
9.
The rooftop units shall be totally screened or relocated to be consistent with the ordinance requirements.
The applicant shall relocate the freestanding signs to be consistent with required setbacks.
The applicant shall provide a lighting plan consistent with the ordinance requirements.
The applicant shall revise the landscape plan to include at least six additional over story trees at the
southwest corner of the site as well as low lying shrubs or ground cover be added in the front of the lot to
provide a softer view from Buck Hill Road.
10. The applicant shall work with City staff to plant an additional 12 to 16 trees in the Crystal Lake Road
Right-of-Way.
11. The applicant shall repair the wind generator to operational status or remove it prior to a certificate of
occupancy.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “x”)
Site Location Map
Pictometry
(__/__/__) PNRC Report
(__/__/__) Unapproved PNRC Minutes
(__/__/__) HOC DRC Report
(__/__/__) Unapproved HOC DRC Minutes
Color Perspectives (4 sheets)
Color Freestanding Sign Plan
CS
G:\PLANNING\AGENDA\PC\2008\1-28-2008\Walser Honda\Honda PC report.doc
LARGE ATTACHMENTS
Existing Conditions (Sheet 1 of 6)
Site Plan (A1.0)
Grading Plan (Sheet 3 of 6)
Utility Plan (Sheet 4 of 6)
Preliminary Plat (1 of 1)
Final Plat
Landscape Plan (L1.0)
Exterior Elevations (A3.0)
Floor Plans (A2.0 and A2.1)
Cross Sections (A5.0)
Lighting Plan (E1.0)
UNAPPROVED PLANNING COMMISSION MINUTES – JANUARY 28, 2008
3.
Public Hearing – Walser Real Estate, LLC – Application for a Rezoning from B-3, (General
Business) to B-3, PUD (General Business, Planned Unit Development), Preliminary Plat
Approval of a One Lot Subdivision to be Known as WALSER ADDITION, and Concept
and Development Stage Approval of a Planned Unit Development for Construction of a
New Honda Dealership to be Located at 14800 and 14900 Buck Hill Road.
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.
Manhart called for questions of staff:
Dusterhoft asked about the reduced setback with regards to the free standing signs.
Slania stated the pylon sign along Buck Hill Road requires a 20 foot setback because of its height. Staff
feels it doesn’t pose a hardship so they will work with the applicant to relocate the sign. The lower sign
along Burnhaven Drive would require a 5 foot setback and staff feels they can resolve that through a
condition.
Esch asked for details about the wind generator.
Slania stated it was previously generating electricity for the site but is not functioning at this time due to
parts needed and the expense to fix. The applicant would like to keep it but then it would be considered
as significant signage unless it is repaired.
Esch stated that with the sustainability goals of the city, he hoped that staff could persuade the applicant
to fix the generator.
Esch also asked if the slope of the whole property was going to drain toward the pervious pavers by the
holding pond.
Slania stated there are a number of catch basins within the site that drain individually.
Esch then asked what the purpose of the pavers was.
Slania stated they would be a storm water benefit and the applicant gets a credit for 3500 square feet of
green space.
Esch clarified that this would be a Honda site only and it wouldn’t incorporate Subaru.
Slania stated the Subaru site was previously Lincoln/Mercury and they requested a sign variance. As part
of the variance when Lincoln/Mercury left the site, the first pylon sign was removed. This application is a
Honda site and all the signage will relate only to them.
Esch asked if staff needed a stronger condition related to fixing the generator than already listed.
Slania directed the applicant to respond to the request.
Turner asked if the west side of the building would be constructed with all white metal. Her concerns are
that the metal seems reflective.
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January 28, 2008
Walser Real Estate, LLC
Page 2
Slania stated it will be both metal and brick. The service center will have the two types of brick. The
front half of the building will be glass and metal. He asked the applicant to address if the metal is
reflective. There is a grade change from this site to the residential property along with significant trees.
Turner asked what the hours of operation for the service department would be.
Slania directed the question to the applicant.
Turner asked if the three display pads could be changed from concrete to grass or pervious pavers.
Slania directed the question to the applicant.
Teiken asked if cars could be parked on the roads surrounding the site when delivered by semis.
Slania stated no.
Teiken asked if any dealership or service cars could use the carwash.
Slania stated he thought it was a Walser policy but directed the question to the applicant.
Manhart asked what the overhead doors were for along the south elevation.
Slania stated they wouldn’t go into the service department. It would be the new car pickup area.
Paperwork and features of the vehicle will be discussed with the customers. There is no noise concern
from this area.
Manhart asked what the direction of traffic was for the carwash.
Slania stated it would flow east to west.
Manhart asked what the staging would be during construction.
Slania stated the general plan. A portion of the Subaru building or rear service area would be eliminated
first. This would allow construction on the front part of the new building. As progression occurs on the
New Subaru site, the rest of that building would be eliminated. The final step would be to relocate
everything from Honda into the new building and demolish the existing building.
Manhart asked if the plans for the new Subaru dealership were in coordination with the construction of
this project. Slania stated the applicant is working on it now.
Manhart clarified that Subaru vehicles would still be sold from this site for a portion of time.
Slania stated yes but Subaru will leave before Honda is relocated.
Dave Philips, Philips Architects, 227 Colfax Ave N, Minneapolis.
Philips addressed the staging. They would tear down the north half of the Subaru service center. They
will be submitting an application for a new site with a smaller building of approximately an 11,000 square
Unapproved Planning Commission Minutes
January 28, 2008
Walser Real Estate, LLC
Page 3
foot footprint. They would like to start both buildings in the spring but complete Subaru first because of
its smaller size and no activity on that site. By fall 2008, they would be able to install the entire southern
parking area. The existing Honda building could be demolished but may be too late to finish the
pavement before the frost. Philips referenced the Nissan site as a similar progression.
Philips addressed the delivery center area and the importance for the customer to be inside in a well lit
area to learn about their car and have the experience of driving off the showroom floor. It will be
coordinated as part of the show floor but separated by glass.
Philips stated the carwash would flow from east to west but would work with staff if they felt it needed to
be changed.
Philips stated they were building 50 service bays with the general operation during the day with the
possibility for expansion in the future. Walser has never operated a 24 hour facility and only have a few
with evening service.
Philips addressed the white metal material and said the same product is on the Motor Works BMW store
on the corner of 35 W and 494. He hasn’t noticed any glare from the metal and it has been up for over a
year.
At 8:01 p.m., Manhart opened the Public Hearing.
Philips addressed the use of pervious pavers. Philips stated they would add pavers on the display pads.
He’d have to look into the use of grass pave since they would need to move the vehicles to mow.
Philips addressed the wind generator. They’ve gotten bids to make it operational. Philips asked for
staff’s consideration not to be limited to just fixing it but possibly allowing them to replace some of the
mechanical equipment. They would bring the plans to staff for approval. They consider it as a landmark
for the city.
Teiken asked who would be using the carwash.
Philips stated there is a Walser policy that anyone who buys a car from them can go to any dealership and
use the carwash. They are not self operated. An employee will run the vehicle through for the customer.
Philips then brought up a request that Walser had but staff had not seen yet. Right now the new building
will be approximately 78,000 square feet. Walser would like to construct a basement under the
showroom. It would increase the footprint of the building but add 11,000 to 11,500 square feet bringing
the total square feet of the building to approximately 90,000. It would be used to store cleaned up cars for
display. Philips would like to keep the project on track but is requesting the ability to work with staff to
add the basement.
Slania stated parking will have to be looked at. He didn’t know what additional deviations would be
needed so he felt it should be reviewed before going to Council.
Manhart expressed his concern of a change this major and staff not reviewing it yet.
Unapproved Planning Commission Minutes
January 28, 2008
Walser Real Estate, LLC
Page 4
Philips stated the approval was more important than the bigger building. The building would be a spring
project to there was time before construction would start.
Slania stated parking would be on the list but he wasn’t sure what the other concerns would be at this
time. The Planning Commission would have the ability to make their recommendations to the Council.
Philips reiterated that the area would not have windows and it would be below grad. It would provide
parking for approximately 30 more cars.
Manhart stated ventilation and other utility work would have to be looked at for sure and it should have
been brought up earlier.
Esch felt comfortable with the addition with a strict condition that it be fully investigated by all
departments.
Dusterhoft, Turner and Currier all agreed with Commissioner Esch.
Teiken agreed too as long as it didn’t bring up any additional deviations.
At 8:01 p.m., Manhart opened the Public Hearing.
Chuck Armstrong, Vice President of Business Operations for Cooperative Communities, 12750 Nicollet
Ave S. Ste. 300, Burnsville.
Armstrong read from a letter he wrote to staff and the City Council and it read as follows:
I am writing to you today on behalf of the Board of Directors and owners of the Gramercy Club at
Burnhaven Drive located at 7100 Burnhaven Drive and wish to express our views regarding the pending
application by Walser Real Estate. I attended last night’s Planning Commission meeting, along with
about a dozen of our owners, and want to reiterate some of the key points I made to that group. While
several of these items were addressed in a manner that would be acceptable, the owners want to be certain
that you, as their duly elected representatives to the City Council, are also aware of them.
Before I get to those points, I also want to let you know that, at the beginning of my comments, I nicely
informed staff that I felt a bit slighted by their presentation last night due to the fact that the single family
homes were frequently mentioned as being impacted by this proposal but that the 76-unit Gramercy Club
at Burnhaven Drive, which is directly across the street and clearly overlooks the site, was never
mentioned. I just wanted everyone to remember that we have 76 homeowners, age 55 and better, who
have invested in this community and deserve to be recognized.
I also want to make it clear that the owners at Gramercy Club at Burnhaven Drive do not oppose this
development. In fact, many of them purchased under the belief that the corner of Crystal Lake and
Burnhaven Drive was going to be developed and landscaped (and they really look forward to the
installation of the stop light on that corner).
Now to the handful of key points:
Unapproved Planning Commission Minutes
January 28, 2008
Walser Real Estate, LLC
Page 5
1)
Lighting – The owners are comfortable with the lighting plan as long as the lights truly do shine
straight down and not outwards. Also, we do appreciate that fact that there was agreement that the lights
on the western have of the property would be dimmed at 10:30 p.m. each night as well as the wallmounted signage facing the south. If there is a way that this occur a little earlier in the evening and on
weekends after regular business hours that would also be greatly appreciated.
2)
Landscaping – Landscaping along the full length of Crystal Lake is very important to the owners.
A lot of time, thought and care, not to mention investment, has gone into the landscaping of their property
and they would like to see something similar across the road from them. Furthermore, with the surface
parking increasing in the area of 75% (approximately 400 stalls to around 700), they would greatly
appreciate landscaping that would break up the sight lines and give a nice curb appearance to Crystal
Lake. They are not asking to have the view of the expanded impervious surface blocked, but are just
asking that some care is taken to make it look nice. At last night’s meeting, we were informed that there
is a large portion of that stretch that cannot be landscaped due to underground water mains On behalf of
the owners, I ask that you challenge the city engineers and the project architect to find a reasonable
solution to this. I am confident that, with a little thought, sometime can be done.
3)
Glare – I am a bit concerned with the metal material that will be used on a portion of the
building’s exterior. Knowing that a few of the owners at Burnhaven have expressed that the sun’s glare
off the cars at certain times causes problems, I am concerned about the reflective nature of this material.
If an assurance can be made that the material (white metal) will be non-reflective or if you place a
condition that a non-metallic material be used in its place, that would be greatly appreciated.
4)
Noise – I raised the issue of noise last night resulting from the use of outside speakers and
intercoms. This concern arises largely from a period last summer where loud music was played on these
speakers overnight which, as I am certain you can understand, made sleeping a bit difficult for those
owners within range of the noise. Staff did inform us that the use of speakers and intercoms would only
be allowed on the Eastern half of the development. If there is a way to provide further assurance that
such noise will be minimized to the fullest extent, it would be greatly appreciated.
As I said, overall the owners of Burnhaven Drive support this project and are only looking to have a few
modest concerns be addressed so that the lifestyle that they have developed as well as their financial
investment are not negatively impacted. Once that occurs, I think we will have a very good neighbor
resulting from this proposed development.
At 8:10 p.m., Manhart closed the Public Hearing and called for discussion among the Commissioners.
Esch: “I think it is a very good project. It’s great to have the one larger building than the multiple
smaller buildings there now. I think the city has addressed a lot of your issues with Gramercy like the
lower lined landscaping. We can’t put trees there because of the water lines and overhead utilities. I’m
excited that they are willing to redo the landmark wind generator and I think we need to change the
condition to say repair or replace. I think we can do that with no trouble. I’m excited that you are willing
to try the pervious pavers in more than just the little area near the holding pond. I think that will be a
great thing for the City of Burnsville to have. So I’m in total support of the project. I think that the
downcast lighting will help. I don’t know about dimming the lights but I’m in total favor of the project.”
Unapproved Planning Commission Minutes
January 28, 2008
Walser Real Estate, LLC
Page 6
Dusterhoft: “I agree with what Commissioner Esch said but we have had conditions in the past dealing
with intercoms and music. Do we have to talk to the applicant about this? There are other things like
Walkie Talkies and things to use instead of intercoms.”
Slania: “This was an item we discussed with the applicant. Condition #1 on page 7 of the report it allows
for intercom use but limits it to the east side of the building. That was something that the applicant was
amendable to. I can’t speak to further restricting that condition.”
Philips: “I can’t think of any time there would be music playing over the intercom. It’s not normal
business operation. I’d like to offer something on the lighting. On the west lot, we would be willing to at
around 10:00 reduce the lighting by 2/3 leaving 1/3 for security.”
Manhart: “Do we need to add that as a condition?”
Slania: “If we could specify a time that would be easier to enforce.”
Philips: “I think if we used 10:30 p.m. all year long from the middle of the building west it drops down to
1/3 of the lighting level. That would be a good neighbor for all the residents around.”
Armstrong: “It’s also the south side of the building not just west.”
Philips: “It would be from just behind the delivery area to the west which would include lights on the
south side.”
Teiken: “I agree. I really like the building. It’s going to be a big improvement to the area. I really like
the idea of dimming the lights or cutting them back to 1/3 at 10:30 p.m. I wish we could lower the pylon
sign in the back to 6 feet. I don’t know why it has to be 8 feet and then adding some details to the back as
noted would be a great improvement.”
Dusterhoft: “Is there anything we need to add about the excavation of the basement that needs to be
worked out?”
Slania: “At this point I think it would be direction for staff to work with the applicant. If it creates
additional deviations, the Planning Commission should see it again. There may be issues that we can’t
get resolved before it gets to Council. We would either continue at the Council meeting or the applicant
could choose to eliminate it.”
Philips: “I think that would make sense. If staff has time to fully review this and there are no other
deviations created by this, we would like it to move forward. If there are staff concerns or deviations,
then we would bring it back to you.”
Esch: “In my years on the Planning Commission, I have never seen a developer or builder so willing to
adapt their plans to suit the Planning Commission and neighbors. I commend you. Thank you very
much.”
Manhart: “I see a lot of very good things in this plan. I appreciate the efforts of staff as well as the
developer on this. However, I will not be voting for this tonight because I don’t think this is a complete
Unapproved Planning Commission Minutes
January 28, 2008
Walser Real Estate, LLC
Page 7
plan. I think that many times we are brought things that are complete and things that we can look at and
that is fair to the staff. I don’t think this is a complete plan because you brought forward tonight
something that to me was not complete. It did not provide us of a complete look of what you are
proposing for the basement; therefore, I don’t feel comfortable voting for it.”
At 810 p.m., Manhart closed the Public Hearing and called for discussion among the Commissioners.
Esch moved to approve the application with the following conditions:
1. The use of any exterior paging or intercom system shall be limited to the east side of the building.
2. All overhead doors shall remain closed between 10:00 p.m. and 7:00 a.m. with the exception of
vehicles entering or exiting the building.
3. Use of the carwash shall be restricted to individuals who purchase a vehicle from Honda and its
employees and shall only be operated between the hours of 7:00 a.m. and 10:00 p.m.
4. Loading and unloading of Semi transports outside of business hours is prohibited. In no event
shall loading or unloading occur before 7:00 a.m. and after 7:00 p.m.
5. The applicant shall provide a vertical architectural feature to the west elevation or additional blue
awnings over the overhead doors.
6. The rooftop units shall be totally screened or relocated to be consistent with the ordinance
requirements.
7. The applicant shall relocate the freestanding signs to be consistent with required setbacks.
8. The applicant shall provide a lighting plan consistent with the ordinance requirements. The
parking lot lights on the west side of the site (west of the showroom) and the Honda sign on the
south elevation shall dim at 10:30 p.m.
9. The applicant shall revise the landscape plan to include at least six additional over story trees at
the southwest corner of the site as well as low lying shrubs or ground cover be added in the front
of the lot to provide a softer view from Buck Hill Road.
10. The applicant shall work with City staff to plant an additional 6 to 8trees in the Crystal Lake
Road Right-of-Way with additional ground cover.
11. The applicant shall repair or replace the mechanical equipment to return the wind generator to
operational status or remove it prior to a certificate of occupancy.
12. The applicant shall use a pervious system on the three individual display pads.
13. The applicant shall work with staff regarding the proposed basement area and its requirements
before going to the City Council. If it causes additional deviations, the application will require
reconsideration by the Planning Commission.
Dusterhoft seconded the motion.
Ayes: Dusterhoft, Esch, Turner, Currier. Nays: Manhart. Motion to approve passes (4-1).
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Walser Real Estate, LLC for
a rezoning from B-3 (General Business) to
B-3, PUD (General Business, Planned Unit
Development), Preliminary and Final Plat
approval of a one lot subdivision to be known
as WALSER ADDITION, and Concept and
Development Stage approval of a Planned
Unit Development for construction of a new
Honda dealership to be located at 14800 and
14900 Buck Hill Road.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On February 4, 2008, the Burnsville City Council met at its regularly scheduled meeting
to consider the above application of Walser Real Estate, LLC for a rezoning from B-3 (General
Business) to B-3, PUD (General Business, Planned Unit Development), Preliminary and Final
Plat approval of a one lot subdivision to be known as WALSER ADDITION, and Concept and
Development Stage approval of a Planned Unit Development for construction of a new Honda
dealership to be located at 14800 and 14900 Buck Hill Road.
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 properties are zoned B-3 (General Business).
2.
The properties are guided GB (General Business) in the Comprehensive Land
Use Plan.
3.
The open sales lot proposed for the site is consistent with the ordinance and
previously approved CUPs.
4.
The proposed plat creates one lot that meets the minimum size and width
requirements for the B-3 District.
5.
The proposed building is an upgrade to the site and well designed with quality
materials allowing for redevelopment of two existing buildings.
6.
The existing properties contain no storm water management and the proposed
plan satisfies the City’s requirements.
7.
The amount of signage requested is less than that allowed by the ordinance and
the number of signs is reasonable for the size of the site with four street frontages and the size of
the building.
8.
The application is compatible with other uses and buildings in the neighborhood.
9.
Conditions are included in the Planned Unit Development to mitigate any impact
to nearby residential uses.
DECISION
Applicant’s request for a Rezoning, Preliminary and Final Plat, and Concept and
Development Stage Planned Unit Development, is hereby approved, in accordance with the plans
reviewed, modified, approved, and recorded in Clerk’s Document No. D-08Adopted this 4th day of February, 2008.
CITY OF BURNSVILLE
By:
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
g:\legal08\Walser Real Estate, LLC FF (07-34)
2
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
_____ Previous Council Action
2/04/2008
7
______ Present Policy
______ Council Theme
______ Housekeeping
PRESENTER
Ryan Peterson – Assistant City Engineer
ITEM
Public Hearing – Consider Resolution Vacating a portion of the Drainage and Utility Easements located within Lot
1, Block 5, BURN-HAVEN.
POLICY DECISION/ACTION TO BE CONSIDERED
Adopt the attached resolution.
FACTS
The applicant is requesting the vacation of a portion of the Drainage and Utility Easements located within Lot 1,
Block 5, BURN-HAVEN.
These easements were originally dedicated to the City via Document No.’s 179342 and 198071. The vacation of
the easements has been requested in association with a project considered earlier on the agenda, Walser Real Estate
LLC. The proposed building considered in the previous item encroaches within the existing easement.
The plat considered in the previous item, WALSER ADDITION, proposes to dedicate the necessary drainage and
utility easements, as required by City Code. The easements proposed to be vacated will either be replaced with
these new easements dedicated on the plat or are no longer necessary. Therefore, if the previous item and plat is
approved, the vacation of the existing drainage and utility easements should be considered.
ATTACHMENTS
Location Map
Easement Vacation Exhibit
Resolution
JS
14750
BURKARDS DR
501
14990
EASEMENT
VACATION
AREA
708
704
BURNHAVEN DR
14800
14900
700
CRYSTA
L LAKE R
DW
City of Burnsville
100 Civic Center Parkway
Burnsville, MN 55337
(952) 895-4400
WALSER - HONDA
EASEMENT VACATION MAP
RESOLUTION NO. 08-____
CITY OF BURNSVILLE, MINNESOTA
VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS
LOCATED WITHIN LOT 1, BLOCK 5, BURN-HAVEN.
WHEREAS, a petition was duly filed requesting the Vacation of a portion of the Drainage and
Utility Easements located within Lot 1, Block 5, BURN-HAVEN, City of Burnsville, Dakota County,
Minnesota, and
WHEREAS, the petitioner is the owner of said described property and the City of Burnsville is the
grantee of said drainage and utility easements, and
WHEREAS, the Clerk of the City of Burnsville fixed February 4th, 2008, as the date for public
hearing on said Petition at the Burnsville City Hall, City of Burnsville, Dakota County, Minnesota, and
the notice of said public hearing was published, and
WHEREAS, a public hearing upon said Petition was held at the aforesaid time and place with no
objections having been raised and the matter having been fully considered by the City Council of the City
of Burnsville, and said Council having determined that the portion of the drainage and utility easements
are no longer needed for public purposes.
NOW THEREFORE, BE IT RESOLVED that said Petition is granted and the following described
public drainage and utility easements are vacated in the City of Burnsville:
A 10.00 foot easement for drainage and utilities purposes per Document No.’s 179342 and 198071 over,
under and across part of Lot 1, Block 5, BURN-HAVEN, according to the recorded plat thereof, Dakota
County, Minnesota. The northerly and easterly line of said easement is described as follows:
Beginning at the southwest corner of Tract A, Registered Land Survey No. 43, Dakota
County, Minnesota, thence Easterly along the south line of said Tract A, Registered Land
Survey No. 43, and along the south line of Tract A, Registered Land Survey No. 35,
Dakota County, Minnesota, to the southeast corner thereof: thence Southerly along the
west line of Tract B, Registered Land Survey No. 24, Dakota County, Minnesota, and
along the southerly extension thereof, to a point 10.00 feet southerly as measured along
said southerly extension of the southwest corner of said Tract B, Registered Land Survey
No. 24 and said line there terminating.
The southerly line of the east-west portion of said easement shall be lengthened to terminate at the west
line of said Lot 1, Block 5.
Passed and duly adopted by the City Council of the City of Burnsville this 4th day of February, 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk

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