BURNSVILLE CITY COUNCIL

Transcription

FINAL AGENDA - REGULAR MEETING
TUESDAY, JUNE 8, 2010 - 6:30 p.m.
BURNSVILLE CITY HALL
100 CIVIC CENTER PARKWAY
Mayor
Councilmembers
6:30 p.m.
Elizabeth Kautz
Charlie Crichton
Dan Gustafson
Dan Kealey
Mary Sherry
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.
Announcements and Proclamations
2.
Citizen Comments
3.
Additions to the Final Agenda
CONSENT AGENDA
Approximate time:
6:40 p.m.
4A.
Consider Approval of Minutes.
B.
Consider Approval of Claims Listing.
C.
Consider Accepting Proposals and Awarding Contract to Trans-Alarm for Security Access
System Upgrade to City Hall, City Garage/Youth Center and the Water Treatment Plant.
D.
Consider Accepting Proposals and Awarding Contract to All State Communications for
Fire Alarm System Replacement at City Hall.
E.
Consider Approval of a Proposal and Contract for a New Community Development
Software Suite.
F.
Consider Accepting Bid and Awarding Contract for the Keller Lake Lift Station
Improvement (City Project 10-308).
G.
Consider Approval of an Application for T-L Burnsville LLC for a PUD Amendment to
allow a liquor store at the existing Cub Foods located at 1750 County Road 42 West; and
Consider Findings of Fact, Ordinance, and Amended Planned Unit Development
Agreement.
H.
Consider Approval of Modifications to Fee Policy 2.100 for Fixed Building Permit Fees
REGULAR AGENDA
6:45 p.m.
5.
Public Hearing - Consider Renewal of Off-Sale, On-Sale, Sunday On-Sale, Wine, 3.2
Percent On-Sale, and 3.2 Percent Off-Sale Liquor Licenses
6:55 p.m.
6.
Public Hearing - Consider Approval of a 3.2 Percent On-Sale Liquor License for Alex
Awada d.b.a. Giuseppe’s Restaurant, 14600 Wood Park Shoppes, 10th Ave., Suite 400.
7:00 p.m.
7.
Public Hearing - Consider Approval of a 3.2 Percent On-Sale Liquor License for Inger
Dilly d.b.a. J’s Family Restaurant & Catering at 2913 E. Cliff Rd.
Final Agenda
June 8, 2010
2
7:05 p.m.
8.
Consider an Ordinance amending Burnsville City Code Title 3 Chapter 24 regulating
Pawnshops, Secondhand Goods, and Precious Metal Dealers.
7:20 p.m.
9.
Consider an Amendment to Policy No. 4.020 regarding the 2010 Pawn Shop/Reseller Fee
Schedule.
7:25 p.m.
10.
Consider Award of the Series 2010D and 2010E Bonds.
7:35 p.m.
11.
Consider Approval of an Application for Cecilia Denning for a Front Yard and Lakeshore
Setback Variance to Allow Construction of a New Single Family Home on a vacant lot
located at 377 Maple Island Road; and Consider Findings of Fact and Variance.
7:50 p.m.
12.
Consider Approval of an Application for Minnesota Valley Transit Authority for an
Interim Use Permit to allow a farmers market located at 100 East Highway 13; and
Consider Findings of Fact, Interim Use Permit and Waiving Application Fees.
8:05 p.m.
13.
Consider Appointments to Advisory Boards for 2010.
8:15 p.m.
14.
Miscellaneous.
15.
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.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item Number
06/08/2010
1
Council Meetings:
Tues., June 22, 6:30 p.m..
Tues., July 6, 6:30 p.m.
Worksession Meetings:
Tues., June 15, 6:30 p.m.
Governance Meetings
Cancelled (Tues., June 29)
CITY OF BURNSVILLE
WORKSESSION MINUTES
MAY 11, 2010
The City Council of the City of Burnsville met for a Worksession at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 11th day of May, 2010.
The meeting was called to order at 6:30 p.m. by Mayor Kautz.
Council Present:
Council Absent:
Staff Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, M. Sherry
None
C. Ebeling, T. Omdal, T. Hansen, M. Brooks, J. Jamnik, J. Faulkner, T. Schultz,
G. Beck, D. Garros, J. Ryan, E. Billiet
Planning Commission: S. Manhart, C. Teiken, D. Currier, V. Turner
Parks Nat Res Comm: S. Steuber, D. Haqq, J. Dedzej, R. Singh, M. Rauf, L. Nachman
Others Present:
J. Gessner, E. Delmoro, R. VanderLaan, W. Hartwell, M. Pevan, D. VanHelden,
Comm. D. McElroy, Sen. J. Doll, Representatives from The Garage
ITEM 1. REPORT ON CELL TOWER/MONOPOLE LOCATIONS & AESTHETICS
Joel Jamnik, City Attorney, and Jenni Faulkner, Community Development Director, provided information
about regulation of cell towers and antennas and aesthetic issues to the Council, Planning Commission
and Parks & Natural Resources Commission.
Telecommunications Act of 1996 and as Revised
• This Act governs local government authority to control towers. Of primary importance, the Act
preserves local zoning authority over decisions regarding the placement, construction, and
modification of wireless service facilities. The act restricts cities as follows:
o Cities cannot unreasonably discriminate among providers of functionally equivalent
services;
o Cities cannot prohibit the provision of personal wireless services (includes data
transmission/internet and tv signals);
o Cities cannot consider environmental effects of radio frequency emissions to the extent
that such facilities comply with the Commission's regulations - this is the only provision
of the Act that directly preempts local zoning authority;
o Cities must act on requests within a reasonable amount of time;
o Denials must be in writing and supported by substantial evidence.
47 C.F.R. § 25.104 –Satellite Communications
• Preempts local zoning authority over satellite earth station antennas.
• Presumes that state/local zoning, land use, building or similar regulation affecting installation,
maintenance or use of the following is presumed unreasonable and preempted:
o Satellite earth station antenna that is two meters or less in diameter and is located or
proposed to be located in any area where commercial or industrial uses are generally
permitted;
o Satellite earth station antenna that is one meter or less in diameter in any area, regardless
of land use or zoning category
• Presumption may be rebutted if City can show the regulation is:
o Necessary to accomplish a clearly defined health or safety objective;
o No more burdensome to satellite users than necessary to achieve the above objective;
o Specifically applicable on its face to antennas described above.
WORKSESSION MINUTES
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May 11, 2010
ITEM 1. REPORT ON CELL TOWER/MONOPOLE LOCATIONS & AESTHETICS (continued)
FCC PRB-1 Ruling on Amateur Radio Antennas
• The ruling recognizes the strong federal interest in promoting amateur communications,
particularly in the event of emergencies.
• The ruling requires local regulations involving the placement, screening, or height of antennas
based on health, safety or aesthetic considerations to:
o be crafted to accommodate reasonably amateur communications; and
o represent the minimum practicable regulation to accomplish the City’s legitimate
purpose.
Case Law
• The Minnesota Court of Appeals acknowledged that Congress has given municipalities “latitude
in exercising their police powers in zoning decisions regarding telecommunications towers.”
• Aesthetic concerns are a significant governmental interest that may justify a zoning denial.
• A local government may reject an application that seeks permission to construct more towers than
the minimum required to provide wireless telephone services in a given area.
• The Telecommunications Act does not affect Minnesota’s 60 day rule for local authority action
on a land use application.
City Code Title 10, Chapter 29
• In 1996 and 1997 the City worked with representatives of the industry, particularly AT&T, to
develop regulations that addressed the City’s concerns and industry technology and requirements
for providing its services.
• Purpose:
o Accommodate the communication needs of residents and businesses while protecting the
public health, safety, and general welfare of the community.
o Maximize the use of existing towers and buildings to accommodate new antennas in
order to reduce the number of new towers.
o Ensure antennas and towers are designed, located, and constructed in accordance with
code requirements to avoid potential damage to adjacent properties from failure of
structural standards.
o Require tower equipment to be screened from the view of persons located on properties
contiguous to the site and/or to be camouflaged in a manner to complement existing
structures to minimize adverse visual effects.
• Authorized Zoning Districts
o Antennas, towers and satellite dishes are allowed in nearly every zoning district within
the City as either a permitted accessory use or a conditional use;
o In addition to height and co-location, zoning addresses:
 Associated accessory building architectural and screening requirements
 Setbacks from property lines, right of ways, other structures;
 Prohibitions on lighting and signage;
 Design standards that require blending into surroundings through building
materials, colors, texture, screening, landscaping, and other camouflaging
architectural treatment;
 Prohibiting interference with public safety communications;
• Residential Height Restrictions
o Protected Residential (zoned R-1, R-1A, R-2, R-3A, or R-3D): the maximum height of
any tower, including all antennas and other attachments shall be 30’.
o Other Residential Property (R-3B + R-3C High density residential) and Parks: the
maximum height of any tower, including all antennas and other attachments, shall not
exceed 1’ for each 2’ the tower is set back from protected residential property up to a
maximum height of 75’ for towers and antennas located on property developed for
apartment buildings and one 150’ in all other cases
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May 11, 2010
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Nonresidential Zoning District Height Restrictions
o In all nonresidential zoning districts, the maximum height of any tower, including all
antennas and other attachments, shall not exceed 1’ for each 2’ the tower is setback from
protected residential property, up to a maximum height of 150’.
o The City Council may allow towers up to 200’ high if the applicant can demonstrate that
based upon the topography of the site and surrounding area, siting of the antenna, antenna
design, surrounding tree cover and structures and/or through the use of screening, that
off-site views of the tower will be minimized.
Exceptions to Height Restrictions
o Multi-user towers: Multi-user towers may exceed the height limitations by up to twenty
feet (20');
o Amateur radio antennas: exempted from the height limitations of this Section up to a total
height of seventy feet (70')
o Towers and other antenna devices which are attached to a structure and not freestanding
(R-zones):
o The towers and antennas are limited to a height of fifteen feet (15') projecting above the
structure.
o The City Council may permit antenna heights of up to twenty five feet (25') above the
structure.
o Public utility structures (e.g. water towers, lights and signals, power and telephone poles,
and poles supporting emergency warning devices)
Restrictions in Residential Districts
o Towers supporting amateur radio antennas and conforming to all applicable provisions
shall be allowed only in the rear yard of residentially zoned parcels.
o Towers supporting personal wireless service antennas shall be allowed only in the
following residentially zoned locations with a conditional use permit:
 Church sites;
 Park sites, when compatible with the nature of the park;
 Sites guided under the City's Comprehensive Plan as commercial recreational
business sites;
 Apartment complex or development; and
 Government, school, utility, and institutional sites.
o Only one tower shall exist on any one residential parcel, unless additional
towers/antennas could be incorporated into existing structures such as a church steeple,
light pole, power line support device, or similar structure.
Co-location
• For proposed towers 75’ or taller co-location is required.
• Prove co-location is not a viable option within a 1/4 mile search radius for towers less than 120’
or a 1/2 mile search radius for towers equal to or greater than 120’ due to stated reason as
provided in the ordinance including:
 Exceed the structural capacity of the existing or approved tower or building.
 The existing tower cannot be reinforced, modified, or replaced to accommodate
planned or equivalent equipment at a reasonable cost.
 Cannot accommodate the equipment at a height necessary to function reasonably as
documented by a qualified radio frequency engineer.
 Demonstrate that a good faith effort to co-locate on existing towers and structures
was made, but an agreement could not be reached.
• New tower is designed, structurally and in all respects to accommodate the proposed antennas
and similar antennas for at least 2 additional users if the tower is over 100’ or for at least 1
additional user if the tower is over 75’.
WORKSESSION MINUTES
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May 11, 2010
Other Cities Zoning
• Generally permitted with a CUP in all zoning districts in all market cities.
• Lower height in residential (typ. 75’ max)
• Higher height in industrial, commercial, parks (typ. 150’)
• Setbacks vary- district setbacks to height of tower or multiply times the height
• Special provisions for residential proximity
• Generally require screening and security of ground equipment
• Generally allowed in Park districts
• Minnetonka- Not allowed in Parks
• Plymouth- has policy on parks permitted in- criteria. Not permitted in neighborhood parks
Towers in Parks
• No existing City Policy
• Not legally required to allow, however the benefits of the revenue and additional controls may be
in the city’s better interest
• Staff guidelines
o Replace existing athletic facility lighting- existing electrical, screening easier-not
necessary in all cases.
o Active large parks are more acceptable sites- least impact to park users
o Locate close to adjacent commercial/industrial users if possible- be as far from residential
as possible.
o Parks with no athletic facilities (most neighborhood parks) may not be suitable for a
tower/antenna. Major disruption to character.
o Consideration to proximity to park users and adjacent residents.
• Plymouth Policy
o Relates to all City Facilities and Parks (inc. water towers)
o Not allowed in conservation areas
o Recommendation by Parks and Recreation Commission to Council
o Meets zoning- land use clearance
o Only allowed in Parks that are:
 of sufficient scale/character and adjacent to commercial/industrial use
 Commercial Recreation areas and major playfields
 Park Maintenance Facilities
o Lease required
o Designation of Revenue
The City Council, Planning Commission, and Parks & Natural Resources Commission discussed the
following issues related to cell towers and antennas:
• Painting requirement – at one time the City required the towers to be painted sky blue, but due to
maintenance issues, this requirement has been eliminated.
• Could the City restrict cell towers/antennas in conservation districts?– No, only until its required
by law. Once a provider could show an area of no service, the City could not deny.
o Currently there are four conservation districts within the city
• More shorter towers vs. less taller towers
o Having taller towers could help reduce the total number of towers to some extent but
taller towers may not enable service in some residential areas due to trees and buildings.
o Staff expects that the number of towers will continue to increase with technology
advances.
• Allowing towers in City parks allows the City to have retain more control as the landlord.
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May 11, 2010
•
•
•
•
•
•
•
•
ClearWireless has had many tower approvals and co-location agreements over the last year.
Though their system is nearly completed, other companies may also wish to do the same.
o Clear Wireless tower in Red Oak Park received some opposition. They tried to co-locate
on the Mary Mother tower but it was not tall enough. So they tried to increase the tower
height, but then the tower would then not have met the required setbacks.
Commissioner Dedzej requested information regarding the size of the parks as compared to the
height of the towers.
Commissioner Teiken suggested a very restrictive policy for towers in conservation districts as
opposed to attempting to prohibit them and likely being unsuccessful. Also, the city should
address issues with requiring screening of equipment buildings that could keep out children’s
balls, hockey pucks, etc.
FCC does not require ongoing inspections, another benefit for the City being the landlord – to
enforce maintenance.
Setback requirement vary greatly from city to city.
There are options to locate in areas other than parks. We currently have many towers in
commercial and industrial areas now and they are an allowed use. However, when service
providers are attempting to deliver service to residential areas, park areas are a desirable location.
The full capacity of our current towers is unknown and we also don’t know what the demand will
be in the future.
Do we have more density/more towers than other cities? No.
Council consensus was to direct staff to prepare a policy regarding Towers in parks and have the Planning
and Parks & Natural Resources Commissions review before bringing to Council. The policy is to include
the following:
• Include staff guidelines as presented
• Either prohibit towers in conservation areas or develop tighter restrictions for allowing them
• Safety screening/roofs of equipment in parks that would prohibit children from climbing over the
top
• Compare the size of the towers to the size of the parks they are located in
Commissioner Manhart thanked the Council for bringing the commissions in to discuss this issue with the
Council. Council agreed that the collaboration was helpful and thanked the commissions for all the work
that they do.
ITEM 2. SENATOR DOLL ON ENERGY IMPROVEMENTS LOAN PROGRAM
State Senator John Doll provided information on the new PACE legislation (Property Assessed Clean
Energy Improvement Financing for Residents and Businesses) which he authored this past session and
which was signed into law last month. Under this bill, cities, counties, and townships will be able to
create programs where a property owner can petition to have certain energy-related improvements made
to his or her property and to have repayment collected as a special assessment attached to that property.
The local government would then be able to sell industrial revenue bonds backed by the special
assessment collection mechanism to provide the initial capital for the projects.
How It Works:
• City or county creates a land-secured financing district or similar legal mechanism
• Property owners voluntarily apply to qualify for financing and secure energy audit
WORKSESSION MINUTES
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May 11, 2010
ITEM 2. SENATOR DOLL ON ENERGY IMPROVEMENTS LOAN PROGRAM (continued)
•
Qualifying projects include solar PV and thermal, geothermal, EV upgrades, energy conservation
improvements
• Owner must demonstrate ability to repay, be current on mortgage and property taxes
• Principal amount not to exceed 10% of assessed value of property
• Licensed contractor performs installation, city inspects
• Proceeds from revenue bond provided to property owner to pay for project
• Property owner repays bond through property tax bill (up to 20 years)
Key Benefits for Cities and Counties
• Helps meet energy efficiency goals
• Raises property values
• Promotes local jobs
Key Benefits for Property Owners
• Saves money on utility bills
• Not based on personal credit
• Repayment can transfer to new owner
Implementation Process
• Legal Authority/Structure
o Voluntary program, private property
o Revenue bond authority, secured by senior lien
• Administration/Application Processing
o Line up expectations, requirements, timelines
o Cost effective administration
o Regulatory scheme, quality assurance, consumer protection
• Financing
o On-demand bond financing for small projects
o Pooled or interim financing structures
Next Steps
• Office of Energy Security
o Federal grant application in process for dollars to establish a larger scale default pool
o Plans to be state level resource for administrators and develop standardized documents
• Office of Senator Doll
o Presenting to MN Association of County Planning & Zoning Administrators – June 2010
o Scheduling presentations to city council and county boards
Commissioner Dan McElroy, MN Dept of Employment and Economic Development, stated that more
information is available on www.pacenow.org. Twenty-one states have already adopted similar
legislation and 14 states have similar legislation pending. Though this is a local program, this is a
statewide effort, for instance the Office of Energy Security is supportive because of energy conservation.
Minnesota Housing Finance see this program as an opportunity for senior housing. There is a Federal bill
under consideration that, though it would not provide cash, it may provide federal loan guarantees to
make interest rates lower. Communities can consider whether a down payment should be required.
Council discussed the long term benefits for residential and commercial property owners. Staff reported
that although this bill has great flexibility, the provisions in the law requires that financing be through
revenue bonds, which may not have favorable interest rates. The Dakota County CDA is taking an active
role regarding this legislation, which may be a viable option for Burnsville. The City would need policies
in place for evaluating and regulating applications.
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May 11, 2010
ITEM 2. SENATOR DOLL ON ENERGY IMPROVEMENTS LOAN PROGRAM (continued)
Commissioner McElroy noted that this is renewable funding and with so many states now implementing
similar legislation, we’ll find out shortly what the market is interested in. Industrial application may even
pay for themselves in 3-6 years. Senator Doll noted that cities could establish their own restrictions and
enforcements. Council thanked Senator Doll and Commissioner McElroy for presenting information on
this new legislation.
ITEM 3. 360 COMMUNITIES PRESENTATION
Greg Konat, 360 Communities, formerly known as the Community Action Council, is working on a
significant community engagement process in Burnsville. 360 Communities created a model to be
proactive to help the communities we serve.
Leadership Team Formation
• Engage leaders and build from their expertise
• Understand current conditions and cost of doing nothing
• Utilize Twin Cities Compass and Best Practices
• Incorporate community strengths
• Build from research
Community Involvement & Planning
• Leadership comes together to get community involved
• Develop Planning Teams
• Establish clear community expectations
• Develop strategic plans
• Build momentum
Community Engagement & Implementation
• Facilitate engagement between the planning teams and the community.
• Focus the community
• Develop and enact plans
• Maintain accountability
Data Based Decision Making
• MN Compass – Wilder Research (*Key Focus Areas)
o Civic Engagement *
o Early Childhood
o Economy & Workforce *
o Education *
o Environment
o Health
o Housing
o Public Safety
o Transportation
o Demographics
•
Education Theme 1 – Develop community capacity to promote and encourage literacy
o The purpose of this planning team is to improve the third grade ready proficiency
measure in ISD 191 by developing and implementing strategies that promote and
encourage literacy by building healthy families and increasing civic participation through
Burnsville.
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May 11, 2010
ITEM 3. 360 COMMUNITIES PRESENTATION (continued)
•
•
Education Theme 2 – Engage community in conversations around expectations for education and
build consensus
o The purpose of this planning team is to improve graduation rate and post-secondary
enrollment rate measures by developing and implementing strategies that engage
Burnsville in a broad-based discussion around the community’s expectations for
education and challenge current perceptions
Economy & Workforce Theme 3 – Nurture innovative community partnerships supporting a
competitive business climate
o The purpose of this planning team is to improve Economy & Workforce key measures in
Burnsville by nurturing innovative partnerships and implementing strategies that improve
the business climate and empower families to become economically stable.
Mr. Konat stated that this is really the community’s initiative and simply facilitated by 360 Communities
as they see the value in this project. The next step is to form the planning teams, create tool kits to help
the teams, and provide an opportunity for residents to become community leaders. The teams will
develop a plan and create boundary statements. Their plans need to measureable and have an impact on
those measurements. Then they can share their plans with the community, finalize it, and implement and
engage the community. We can use the resources and current infrastructure of Burnsville to help
accomplish these goals. It’s about citizen empowerment in the long run. Mr. Konat expressed that he
would be happy to return and share the project’s progress.
Council thanked Mr. Konat for promoting a different groups to get involved with each other.
ITEM 4. FUTURE OF YOUTH SERVICES AT THE GARAGE
Garrett Beck, Recreation Supervisor, presented an overview of The Garage and information on the
mission, organization, programming, performance, and funding of The Garage.
The Garage Mission Statement
• We enrich participants’ lives by expanding their skills and encouraging them to share their
talents, give service, and share decision-making. We value all members of our community for the
life experience and knowledge they contribute, regardless of age.
• We believe teenagers are human beings, not “human becomings”, and are not empowered or
enabled as objects to be acted upon, but should participate in decisions that affect their lives.
• We provide a safe, fun and nurturing environment where participants create their own spaces to
interact and acquire a sense of belonging, gain self esteem, build friendships, explore ideas, try
out various roles, and cultivate a capacity to enjoy life.
• We are an inclusive community providing participants freedom from discrimination because of
race, color, creed, religion, sub-culture, national origin, sex, disability, socio-economic status,
sexual orientation, and age.
• As an organization, we seek to improve those conditions in society which affect members of our
community with our programs, support, and outreach.
• We believe in an informal education approach to help participants realize their potential and to
function as caring, self-directed individuals, responsible to themselves and to others.
The Garage Organization
• Burnsville Youth Center Foundation
• The Garage Advisory Board (GAB)
• City of Burnsville
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May 11, 2010
ITEM 4. FUTURE OF YOUTH SERVICES AT THE GARAGE (continued)
The Garage 5 Core Programming Areas
• Recreation Programs
• Support Programs
• Fitness & Nutrition Programs
• Music Programs
• Volunteer Programs (Internal & External)
The Garage Partnership in Programming
1. Ideas from Stakeholders (youth, parents, community partners, grant funders)
2. Brought to THE GARAGE Advisory Board (GAB) each Monday.
3. If approved by GAB, a staff person will work with the stakeholder to create a business plan for
the program.
• Revenue Plan
• Grant Writing
• Find local business sponsors
4. With an approved plan, the program starts.
5. GAB review programs quarterly to decide if programs are continued or changed based on
whether or not they meet expectations.
6. THE GARAGE’s programs and procedures are thoroughly evaluated yearly for Resource
Accountability, Program Quality, and Participant Outcomes.
The Garage Participant Trends – Attendance by Year
• 1999
2,708
• 2000
7,006
• 2001 20,580
• 2002 26,658
• 2003 28,080
• 2004 25,315
• 2005 30,388
• 2006 32,380
• 2007 20,243
• 2008 17,990
• 2009 20,566
The Garage Participant Trends – Concert Average Attendance by Year
• 1999
63
• 2000
79
• 2001 141
• 2002 219
• 2003 203
• 2004 209
• 2005 225
• 2006 247
• 2007 219
• 2008 143
• 2009 159
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May 11, 2010
The Garage Participant - Out of School Time Average Attendance By Year
• 1999
12
• 2000
13
• 2001
24
• 2002
20
• 2003
33
• 2004
25
• 2005
29
• 2006
33
• 2007
30
• 2008
34
• 2009
39
The Garage Weekday Participant Trends
• 2009 Participant Income (264)
o Very Low – 53%
o Low – 18%
o Moderately Low – 7%
o Total Low Income – 78%
The Garage Accountability
• Grant Writing
• Stakeholders meeting
• Political Engagement
• Musician Driven Fundraising
• Repaying Loan
The Garage Adapting to Financial Challenges
• 2010 financial/policy decisions made by GAB
o No GAB Budget
o Close Tuesdays
o Cancel some concerts and close some weekend evenings
o Cut 6th grade support programs, limit scholarships and create a waiting lists for other
programs
o Cut snacks after school
o Require more volunteer hours to cover paid staff responsibilities
o Require band deposits / pay to play/advanced tickets
o Remove Complementary Tickets for Parents, Friends
The Garage 2010 – Good News!
• 2010 first quarter results
o Programs and drop in: 1,290 @ 32 events (avg. 40)
o Music Events: 5,199 @ 22 events (avg. 236)
o Small Group Events: 419 @ 32 events (avg. 13)
o Rentals: 151 @ 7 events (avg. 22)
o Total : 7, 059
 Note: Volunteer hours totaled 976 hours in quarter 1
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May 11, 2010
The Garage Programming VS Funding
• 2009 Total Expenses – $403,127
• The Wallace Foundation estimated annual expenses for THE GARAGE at $819,799 minimum
and $1,380,808 maximum, with an expected annual expense of $936,238 to maintain our current
program quality scores for the number of young people we serve annually in the Burnsville Area.
The Garage Success Stories
• “Best New Facility Award, 2000” by the Minnesota Recreation and Parks Association because of
creative programs to meet different community needs.
• Featured in the Minnesota Historical Museum's “History of Twin City's Music Exhibit” for
setting the newest trends in youth music and Entertainment in 2001.
• Winner of the City Pages’ “Best All Ages Music Venue” 2004, 2005 2006, 2007, and 2008.
• Winner of the Thisweek Top Banana Award for best Teen Recreation 2005, 2006, 2007.
• In 2007, listed among eight programs in the nation by US Department of Justice, the National
League of Cities and the International Association of Chiefs of Police as Best Practices for
"Helping to Insure the Safety of the Next Generation through Mayors and Law Enforcement
Officials”.
• In 2007, listed as a Promising Practice by the Finance Project for innovative fundraising.
• 2009 Dakota County Award for Youth Employment.
The Garage Revenue Sources
• Grants
• Participant Generated Revenue
• General Fund
• Savings
The Garage Revenue Received by year
• 1999
$ 89,409
• 2002
$229,721
• 2004-2007 avg
$329,650
• 2008-2009 avg
$376,575
The Garage Annual Expenses
• 2003
$200,323
• 2004
$286,434
• 2005
$261,440
• 2006
$292,360
• 2007
$324,063
• 2008
$348,687
• 2009
$408,192
The Garage Revenue Plan
• The 2002 Annual Budget Report Revenue Plan?
o Cover Current Expenses
o Repay Debt to the City
o Phase II
• Fiscal Planning
• Overall
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12
May 11, 2010
Jay McKinney, The Garage staff, wanted to convey to the Council how The Garage can help young
people. He told his story of how being involved with The Garage has helped him get clean and sober and
be more productive with his life.
Mayor Kautz has been The Garage liaison in the past and said that The Garage has taught kids to take
ownership of what has value to them and taught them how to lobby at the legislature. This center is a lot
more than just the numbers but a safe haven and motivating environment and what makes The Garage
unique is that the kids are involved in the planning and decision making.
Councilmember Sherry stated that she had questions whether The Garage was still meeting our youths
needs, noting a decline in attendance. Glad to see the numbers picking up and to know that we are alert to
changing needs and attempt to meet those needs.
Councilmember Kealey discussed potential partnership with Boys & Girls Club. Much of The Garage
programming overlaps with the programming of the Boys & Girls Club. We are still looking for potential
ways to forge a partnership to accomplish goals.
Council thanked The Garage staff, supporters, and participants for coming.
ITEM 5. ROUNDTABLE
 Pawn/Resellers Ordinance Process
Staff reported that a revised ordinance has been prepared as per Council’s previous direction.
However, the sample ordinance presented also regulated businesses that had not been included before
– second hand sporting goods and music stores – as these stores do not resell those items considered
to be high risk for stolen property. Daron VanHelden, Chamber of Commerce President, stated that
the intent was that all resellers be treated the same. Council consensus was not to include the two
business categories and incorporate a 14 day holding period to be adopted at the June 8th meeting.
 Purchasing Used Equipment via Auctions
Councilmember Gustafson suggested purchasing used equipment from auctions to save money, such
as potentially purchasing the fencing from . Staff reported on the statutory restriction for purchasing
used equipment, including quote and bid requirements. It is legal for the City to purchase equipment
from auctions, but would require extensive staff time. Staff has and will remain open to purchasing
used equipment whenever feasible.
 Providing Fire Inspections of Hotels / Motels with City Fire Inspectors
Councilmember Gustafson reported that hotel/motel managers have made complaints about the State
charges for fire inspections. Previously, the City had performed these inspections at no charge. Staff
reported that the City discontinued the fire inspections due to the recent reduction of staff, down to
one inspector. State charges $435 plus an additional fee per rooms sampled for inspections every
three years. To reinstate this service, Council would have to hire an additional fire inspector to
accommodate this respect. Council discussed the costs of hiring an inspector as weighed against the
costs incurred by the hotels/motels. Cities may charge up to the maximum allowed by statute.
Inspections can be performed by the State or local inspectors, however most cities do not have a local
fire inspector.
WORKSESSION MINUTES
13
May 11, 2010
ITEM 5. ROUNDTABLE (continued)
 Discuss Agreed Upon Procedures Report of VenuWorks Contact
Councilmember Crichton requested feedback on the progress of VenuWorks complying with the
contract exceptions noted in the auditor’s Agreed Upon Procedures Report. Council noted that senior
management of VenuWorks has recently changed. Staff reported that the exceptions noted by the
auditors were issues of VenuWorks not complying with their own manual as adopted in the contract.
An additional audit review is scheduled to take place after June 30th to ensure that VenuWorks is in
compliance with the contract. A review of the management contract with VenuWorks is scheduled at
the two year mark with the option of renewal. This report is one tool to evaluate their performance.
Council discussed whether the structure of our agreement may impede our expectations, or whether
it’s related to the economy or VenuWorks performance. This issue can be addressed by the new
BPAC Commission.
 Dick Sjoquist Request for Parking Cars
Councilmember Kealey inquired about Mr. Sjoquist’s request to park cars on his property to the north
of the dealership. Staff reported that Mr. Sjoquist has made application for this request and this item
is projected to appear before Council in June 2010. The City Attorney noted that City policy requires
the City to follow its procedure and proper notifications and recommended Council not deviate from
current policy. Staff has provided all properly zoned locations to Mr. Sjoquist as options.
 Commission Applications, Interview Schedule, and Appointment of Standing Positions for the
BPAC Advisory Commission
Staff reported approximately 65 applications received for advisory boards and commissions and
requested additional scheduling of Special Worksessions for interviews. Council agreed not to screen
the application and continue past practice to interview all applicants. Council consensus to schedule
Special Worksessions on Thursday, May 20, 2010 at 6:00 p.m. and on Thursday, May 27, 2010
starting as early as 9:00 a.m. if possible for standing commission interviews, and on Tuesday,
June 1, 2010, and Thursday, June 3, 2010 for BPAC Commission interviews, depending on
applicants’ availabilities. Council also clarified the ‘User/Lessor Group’ and ‘Arts Community’
standing positions on BPAC Commission.
 Council Representative for Survey
Staff reported that, historically, a Council liaison is appointed to help prepare and review questions
for the residential survey. Councilmember Crichton was the liaison for the business survey two years
ago and volunteered again. Council consensus was to appoint Councilmember Crichton as Council
liaison for the residential survey.
 Reports on Advisory Boards and External Organizations
Councilmember Sherry
• Metro Cities Policy Housing & Economic Dev
o 3 meetings starting in July
• Dakota Communication Center Board of Directors
o Six finalists in search for new director - next week meet & greet
• Heart of the City (HOC) ½ Marathon
o Canceled because of mud on Black Dog Road - flood damage
o Safe Haven – may have a smaller run in connection with Fire Muster
• Burnsville Medical Alliance
o Website has been updated
WORKSESSION MINUTES
May 11, 2010
ITEM 5. ROUNDTABLE (continued)
•
•
Networking event at Metcalf Junior High
o Stem program highlights
Burnsville Community Foundation
o Partnership with BA 191 to install 3 flags at Nicollet Commons Park
 Dedication on June 6th – D-Day
o Flags on the light poles (completed by June 14th – Flag Day).
o Rotary is helping with fundraising and labor
o Walk of Honor – pavers are still available
Councilmember Crichton
• Fire Muster Board - meets Thursday 7pm
• Multi-Family Housing meets tomorrow morning 9am
• Cedar Avenue Corridor Study Group
Councilmember Kealey
• MN Valley Transit Authority
o Workshop with Dakota County Commissioners - June 15th
o Cedar Avenue Transit update
o Service Investment Strategy
Councilmember Gustafson
• I-35W Solutions meets Thursday
• Burnsville CVB
o Meet Wednesday with Hotel/motel Managers Group
• PAC Ad Hoc Committee
o Director hired last month
• Art & All that Jazz
o New website on May 17
Mayor Kautz
• Municipal Legislative Commission meets Thursday, May 20
• Regional Council of Mayors
o Itasca Jobs Task Force – meets Monday, May 24
 Hired an entity that focuses on economic development in our region
• International Festival
o Raised all the money – expecting a wonderful event
The meeting was adjourned at 10:20 p.m.
Respectfully submitted,
_________________________________________
Macheal Brooks, City Clerk
Approved by the City Council of the City of Burnsville this 8th day of June, 2010.
__________________________________________
Elizabeth B. Kautz, Mayor
14
CITY OF BURNSVILLE
Regular Meeting Minutes
May 18, 2010
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 18th day of May, 2010.
The meeting was called to order by Mayor Kautz at 6:30 p.m.
The Pledge of Allegiance was preceded by a moment of silence.
Present:
Absent:
1.
Crichton, Kautz, Sherry
Gustafson, Kealey
Announcements and Proclamations.
Council Meetings:
Worksession Meeting:
Special Worksessions:
•
2.
Thurs., May 20, 5:00 p.m. – Cf Rm D (Commission Interviews)
Thurs., May 27, 1:00 p.m. – Cf Rm D (Commission Interviews)
Tues., June 1, 1:00 p.m. – Cf Rm D (BPAC Commission Interviews)
Thur., June 3, 1:00 p.m. – Cf Rm D (BPAC Commission Interviews)
I LOVE BURNSVILLE WEEK 3RD Grade Essay Winners
Citizen Comments.
Jerry Brastad, Valley View Drive
Senator John Doll updated the Council on recent legislature activities.
3.
Additions to the Final Agenda.
There were no additions to the Final Agenda.
CONSENT AGENDA
Councilmember Crichton requested Item 4K (Findings of Fact, Ordinance and Development Contract and
Planned Unit Development Agreement for Nicollet Development Inc.) be removed for further discussion.
Motion by Sherry, seconded by Crichton, that the following Consent Agenda items (listed as A-J) be
approved as presented. Ayes – Crichton, Kautz, Sherry. Nays – None. Absent – Gustafson, Kealey.
Motion carried.
4A.
Consider Approval of Minutes.
Approved the Council minutes of May 4, 2010 and the Special Worksession minutes of May 8, 2010
as submitted.
2
COUNCIL MINUTES
Regular Meeting
May 18, 2010
CONSENT AGENDA (continued)
4B.
Approved the listing of claims in the submitted amount of $6,626,637.33.
4C.
Consider Approval of Professional Services Agreement with Campbell Knutson as Legal Counsel
for Prosecution and Civil Services.
Approved agreement with Campbell Knutson law firm to provide prosecution and civil legal services
for the City of Burnsville.
D-10-39
4D.
Consider Adopting Amendments to Policy 1.020 – Citizen Boards and Ad Hoc Committees.
Adopted amendments to Policy No. 1.020 – Citizen Boards and Ad Hoc Committees.
4E.
Consider Approval of the City Manager’s Letter of Understanding for 2010.
Approved the City Manager’s Letter of Understanding for 2010.
D-10-40
4F.
Consider Approval for the Purchase of Security Cameras and Blue Light Security Phones the HOC
Parking Deck from a State of MN Contract Vendor.
Approved the purchase and implementation of networked security cameras and “Blue Light” security
phones for the HOC Parking Deck in the amount of $33,312 including tax, from General Security
Services Corporation, a State of Minnesota Contract vendor through Contract number S-813(5).
4G.
Consider Approval of a Proposal and Contract for a New Community Development Software Suite –
CONTINUE.
Continued to the June 8, 2010 Regular Council Meeting.
4H.
Consider Approval Proposal and Contract for a new Recreation Management Software System.
Approved a proposal and contract for the purchase and implementation of a new Recreation
Management Software System (RMS) called RecTrac, in the amount of $73,000 from Vermont
Systems, Inc., an Essex Junction, VT, based company.
4I.
Consider Accepting Bid and Awarding Contract for the Rupp Drive Sanitary Sewer and Storm Water
Quality Improvement Projects (10-304 & 10-313).
Accepted bid and awarded contract for the Rupp Drive Sanitary Sewer and Storm Water Quality
Improvement Projects (10-304 & 10-313) to Minger Construction, Inc. in the amount of
$1,310,704.06.
3
COUNCIL MINUTES
Regular Meeting
May 18, 2010
CONSENT AGENDA (continued)
4J.
Consider Approving an Easement for a Portion of the Rupp Drive Sanitary Sewer Project (10-304).
Approved the execution of an easement with CenterPoint Energy of their property located
north of Cliff Road and west of 12th Avenue for a Portion of the Rupp Drive Sanitary Sewer
Project (10-301).
4K.
Item removed for discussion.
ITEM(S) REMOVED FROM CONSENT AGENDA
4K.
Consider Approval of Findings of Fact, Ordinance and Development Contract and Planned Unit
Development Agreement for Nicollet Development Inc. for a Preliminary and Final plat of a
subdivision to be known as NICOLLET PLAZE 4th ADDITION and a Planned Unit Development
Amendment for eight single family units located on the 300 block of East Travelers Trail in Nicollet
Plaza.
Motion by Crichton, seconded by Sherry, to approve the Development Contract and Planned Unit
Development Agreement and adopted the Findings of Facts and an Interim Ordinance that will be
published in the legal newspaper and become part of the official records.
ORDINANCE NO. 1201
AN ORDINANCE AMENDING TITLE 10 OF THE BURNSVILLE CITY CODE,
BEING THE ZONING TITLE OF THE CITY OF BURNSVILLE
NICOLLET DEVELOPMENT INC.
CASE FILE NO. 09-28
D-10-41
Poll of Votes: Ayes: Crichton, Kautz, Sherry. Nays: None. Absent – Gustafson, Kealey. Motion
carried.
REGULAR AGENDA
5.
Public hearing – Consider Approval of an Off-Sale Liquor License for Clay Enterprises, LLC d.b.a.
Liquorville, 3050 W. Hwy 13.
A public hearing was conducted. The public hearing was opened at 7:15 p.m. No one appeared before the
Council. The Mayor declared the public hearing closed at 7:15 p.m.
Motion by Crichton, seconded by Sherry, to approve an Off-Sale Liquor License for 10 Clay Enterprises,
LLC d.b.a. Liquorville, 3050 W. Hwy 13. Ayes – Crichton, Kautz, Sherry. Nays – None. Absent –
Gustafson, Kealey. Motion carried.
4
COUNCIL MINUTES
Regular Meeting
May 18, 2010
6.
Consider Adopting Policy No. 1.023 – Burnsville Performing Arts Center Advisory Commission.
Motion by Sherry, seconded by Crichton, to adopt Policy No. 1.023 – Burnsville Performing Arts Center
Advisory Commission. Ayes – Crichton, Kautz, Sherry. Nays – None. Absent – Gustafson, Kealey.
Motion carried.
7.
Consider Approval of Super Mercado Olmeca Inc., for a Planned Unit Development Amendment for
a Convention Hall and Tavern as an Interim Use located at the Valley ridge Shopping Center, 1927
West Burnsville Parkway; and consider Findings of Fact, Ordinance, and Amendment to Planned
Unit Development Agreement.
Motion by Crichton, seconded by Sherry, to approve the Planned Unit Development Amendment and adopt
the Findings of Facts and an Interim Ordinance that will be published in the legal newspaper and
become part of the official records.
ORDINANCE NO. 1202
AN ORDINANCE AMENDING TITLE 10 OF THE BURNSVILLE CITY CODE,
BEING THE ZONING TITLE OF THE CITY OF BURNSVILLE
SUPER MERCADO OLMECA, INC.
CASE FILE NO. 09-07
D-10-42
Poll of votes: Ayes – Crichton, Kautz, Sherry. Nays – None. Absent – Gustafson, Kealey. Motion carried.
8.
Adjournment
Motion by Sherry, seconded by Crichton, to adjourn the meeting at 7:43 p.m. Ayes – Crichton, Kautz,
Sherry. Absent – Gustafson, Kealey. Nays – None. Motion carried.
______________________________________
Approved by the City Council of the City of Burnsville this 8th day of June, 2010.
_______________________________________
SPECIAL WORKSESSION MINUTES
May 20, 2010
Council Present:
Council Absent:
Staff Present:
C. Crichton, D. Gustafson, E. Kautz, and M. Sherry
D. Kealey
C. Ebeling, M. Brooks
ITEM 1. ADVISORY BOARD INTERVIEWS
The meeting was convened at 6:00 p.m.
The Council conducted interviews of the following applicants for appointment to Committees/Commissions:
Abou Mamah
Steve Manhart
Rick Lavelle
Laura Madsen
Chander Wahi
Don Matthys
Ari Silkey
Julie McNally
John Goth
Jon Seybold
Matthew Arthur
Joe O’Neill
Economic Development Commission
Planning Commission
Planning Commission
Planning Commission (or HOC DRC)
Parks & Nat Resources Commission
Planning Commission (or PNRC)
Planning Commission
Council waived the interview for the following applicant:
Sandra Schlaefer
HOC Design Review Committee
Additional applicants will be interviewed at the May 27, 2010 Special Worksession.
The meeting was adjourned at 9:30 p.m.
_________________________________________
Approved by the City Council of the City of Burnsville this 8th day of June 2010.
__________________________________________
May 27, 2010
Council Present:
Council Absent:
Staff Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey and M. Sherry
None
ITEM 1. ADVISORY BOARD INTERVIEWS CONTINUED
The meeting was convened at 1:00 p.m.
The Council conducted interviews of the following applicants for appointment to Committees/Commissions:
Jane Kansier
John Gerhrke
Shane McCartney
John Dedzej
Marci Gerlulis-Darcy
Charles Van Guilder
Rich VanderLaan
Sandra Sweep
Dee Dee Currier
Brian Wolff
Matthew Arthur
Ralph Hardgrove
Joey White
Joy Cherney
David Cherner
Any
Planning Commission
Planning Commission
Planning Commission
Parks & Nat Resources Commission or Economic Development Commission
Planning Commission
Planning Commission
Any
After the interviews, Council discussed the merits of the candidates and in preparation for appointments in
preparation for appointments at the June 8, 2010 meeting.
Council discussed current policy stating that anyone already holding an elective county, state, or federal office
shall not be eligible to serve in a regular voting position on any citizen board. However, this policy does not
specifically call out school board members as ineligible. Council consensus was to continue this meeting until
Tuesday, June 1 at 10:00 a.m.
The meeting was adjourned at 5:10 p.m. and continued to Tuesday, June 1, 2010 at 10:00 a.m.
_________________________________________
__________________________________________
June 1, 2010
Council Present:
Council Absent:
Staff Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, and M. Sherry
None
ITEM 1. ADVISORY BOARD INTERVIEWS CONTINUED
The meeting was convened at 10:08 a.m. Mayor Kautz arrived at 10:14 a.m.
Council continued discussion from May 27, 2010 Special Worksession on the current policy stating that
anyone already holding an elective county, state, or federal office shall not be eligible to serve in a regular
voting position on any citizen board. However, this policy does not specifically call out school board
members as ineligible. Council consensus was that any appointments of school board members would be for a
one year period to allow this issue to receive an in-depth discussion at a future Worksession.
Council discussed the merits of the candidates in preparation for appointments at the June 8, 2010 meeting.
The meeting was adjourned at 10:53 a.m.
_________________________________________
__________________________________________
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
______ Present Policy
_____ Previous Council Action ______ Council Theme ______ Housekeeping
ITEM
POLICY DECISION/ACTION TO BE CONSIDERED
It is recommended that the Council approve the Claims listing in the amount of $10,996,044.89.
ATTACHMENTS
Claims Listing
hb
06/08/2010
4B
CITY COUNCIL
Claims Listing
Council Meeting: June 8, 2010
Claims Period: 5/14 - 6/3/10
Check / Wire
Date
CLAIMS PAID
01/07/10
01/29/10
04/27/10
05/06/10
05/14/10
05/14/10
05/14/10
05/17/10
05/17/10
05/18/10
05/18/10
05/19/10
05/21/10
05/21/10
05/21/10
05/26/10
05/27/10
05/28/10
05/28/10
05/28/10
17,836.25
17,412.50
45,732.29
69,650.00
145,464.81
336,044.94
159,250.85
14,003.98
2,042.25
4,458.08
34,294.42
37.69
408,050.71
411,640.07
152,383.50
19,152.08
7,805.42
61,215.35
167,613.76
163,499.90
(3,325.00)
Total Claims
$ 2,234,263.85
PAYROLL
May 14, 2010
Gross Payroll
Employee Deductions
Net payroll
May 28, 2010
Gross Payroll
Employee Deductions
Net Payroll
$
$
848,742.75
(351,441.56)
$
497,301.19
$
524,479.85
875,947.26
(351,467.41)
$ 3,256,044.89
TOTAL CLAIMS AND PAYROLL
INVESTMENT PURCHASES
Stifel
Stifel
Stifel
Stifel
Wells Fargo
US Gov't Securities
US Gov't Securities
US Gov't Securities
US Gov't Securities
Money Market
5/19/10
5/24/10
5/26/10
5/26/10
5/12-6/2/10
2,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
740,000.00
TOTAL INVESTMENTS
$ 7,740,000.00
TOTAL CLAIMS REPORT
$ 10,996,044.89
Submitted by
Kelly Strey, Financial Accounting Director
* Claims detail available in the office of the CFO.
** Items from previous claims period, not previously reported
**
**
**
**
*
CITY OF BURNSVILLE
Meeting Date __06/08/2010__
Item Number
4C
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
_X_ Required by Law
_____ Previous Council Action ______ Council Theme
______ Housekeeping
ITEM
Consider Accepting Proposals and Awarding Contract to Trans-Alarm for Security Access System Upgrade to City
Hall, City Garage\Youth Center and the Water Treatment Plant
Accept Proposals and Award Contract to Trans-Alarm for Security Access System Upgrade to City Hall, City
Garage\Youth Center and the Water Treatment Plant in the amount of $39,015.
FACTS
On April 30, 2010 staff accepted proposals to upgrade the swipe card security access system at City Hall, the City
Garage, and the Water Treatment Plant. The upgraded system we are seeking is the proximity reader card system
currently in place at all other city facilities. Consolidating all facilities to one system will provide greater ease of
use for IT, Human Resources, and Facilities staff.
The 2010 CIP budget allowed for $35,000 for upgrades to City Hall and the City Garage as well as $10,000 for
upgrades to the Water Treatment Plant. Three companies responded to the RFP. The responses were as follows:
Trans-Alarm
General Security Systems
VTI
$39,015
$42,480
$44,421
Staff recommends awarding the contract to the lowest bidder, Trans-Alarm in the amount of $39,015.
ISSUES
None
JR
CITY OF BURNSVILLE
Meeting Date __6/8/10__
Item Number
4D
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
_X_ Required by Law
______ Housekeeping
ITEM
Consider Accepting Proposals and Awarding Contract to All State Communications for the Fire Alarm System
Replacement at City Hall.
Accept Proposals and Award Contract to All State Communications for the Fire Alarm System Replacement at
City Hall.
FACTS
On April 29, 2010 staff accepted proposals for the replacement of the Fire Alarm System at City Hall. The current
system has reached its length of life. Some smoke detectors in City Hall have begun to fail and replacement parts
are no longer readily available for necessary repairs to the control panel. The proposed replacement system will
bring City Hall back up to the current fire code standards.
The 2010 CIP budget allowed for $45,000 for the replacement of the fire alarm system. Eight companies
responded to the RFP. The lowest bid is the company proposed to receive the contract. The responses are as
follows:
Inspection cost @ 5 Monitoring cost @ 5
Total
Proposal cost
years
years
Allstate
$27,900.00
$1,375.00
$1,260.00
$30,535.00
GSSC
$30,469.00
$3,000.00
$960.00
$34,429.00
UHL
$27,750.00
$6,800.00
$1,800.00
$36,350.00
Electric Scientific
$35,250.00
$2,000.00
$1,500.00
$38,750.00
Egan
$32,500.00
$3,800.00
$3,400.00
$39,700.00
Trans Alarm
$31,915.24
$6,000.00
$1,800.00
$39,715.24
Southside
$35,650.00
$2,800.00
$2,950.00
$41,400.00
Premier
$45,000.00
ISSUES
None
JR
$45,000.00
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
__X_ Required by Law _____ Previous Council Action __X___ Council Theme
06/08/2010
4E
______ Housekeeping
ITEM
Consider Approval of a Proposal and Contract for a New Community Development Software Suite
Consider approval to award a Proposal and Contract for the purchase and implementation of a new Community
Development Software Suite called TRAKIT Enterprise in the amount of $258,260 from CRW Systems, Inc., a
San Diego, CA based company.
FACTS
Prior Council action in year 2002 approved the implementation of a Permits and Inspections software product to
replace a then 13 year old product. The present system is now seven years old and is utilized by the Inspections
Department without the benefit of additional functionality for Planning, Engineering, Licensing, Police, Fire and
other departments involved in Community Development (CD) processes. Additionally, no current online
eGovernment capabilities have been implemented for CD. Plans for upgrading, enhancing or replacement of the
current system has been included the Information Technology five-year capital replacement plan for the past few
years, but has been deferred because of other capital project priorities. The current system is in need of
replacement due to aging hardware infrastructure, software changes, the need to add additional workflow process
automation, add additional departments, and to provide a customer on-line eGovernment public access portal.
A Request for Proposals (RFP) document was developed to identify requirements and criteria for a new CD
solution. The RFP included specifications for a new CD software suite from a software vendor to provide
workflow automation and tracking services related to CD processes with the following software functionality:
parcel land management; planning; protective inspections; licensing; and customer service web portal.
Proposals were solicited in January 2010; six responses were received from vendors. Using evaluation criteria,
the number of vendor proposals considered acceptable was reduced to three. Software demonstrations and
additional evaluation criteria were utilized to pick a vendor finalist from the remaining three. It is staff’s
recommendation that TRAKiT Enterprise software, from CRW Systems, Inc. will best meet the specified
requirements, criteria, needs and expectations of the departments for this project. CRW’s Proposal was the
second lowest cost proposal of the three vendors. Costs were as follows:
EnerGov Solutions
CRW Systems, Inc.
Municipal Software Inc,
$407,244
$258,260
$239,384
The new system adds many new services and capabilities. City operations and customers/residents will benefit in
many ways. The project scope is comprehensive and includes several new software modules:
•
LandTRAK - will provide parcel and GIS land information management for all the other modules including
the ability to provide mapping services for staff to review all activities related to parcels from all the other
modules.
•
PermitTRAK - will replace the current inspections system. This will include automation of workflow to be
more efficient in every part of the permit review/inspection process as well as reduce errors, automate
inspection scheduling, and interface with our finance system.
•
CodeTRAK – will provide automated compliance form generation based on code incidents, automated
workflow and inspections scheduling based on type of code issues from the time a complaint is received
through compliance of the incident.
•
MobileTRAK – will provide remote, mobile laptop or Smartphone access to all modules. Inspection results
will no longer need to be entered by a support staff person in the office. The inspectors will be responsible
for data entry and can do so in the field. This will help considerably with the recent staffing reductions within
Community Development and impacting inspections.
•
ProjectTRAK - will provide functionality the city does not have presently. The city has never had an
automated system for development review. All the work is currently processed manually (i.e., paper
schedules and routing of plans internally for comments and tracking dates kept in separate manual lists). The
new software will change planning work flow through the development application review and approval
process. This will be better and more efficient when working with other departments and developers.
•
LicenseTRAK – will provide functionality to streamline processes and flags to be more efficient for all
existing types of licenses in use. It meets STAR compliance requirements and will replace an in-house
Microsoft Access Database currently in use.
•
eTRAKit – will provide all of the software components, including permits, inspections, planning and
licensing an on-line web presence. This means contractors, home owners, and developers can apply for
permits on-line and track their status. The city will be able to send permits and Certificates of Occupancy via
on-line services and process payments as well.
These are significant improvements to how the city currently does business. The examples listed are just a few
highlights of what this system can provide to make processes more efficient and automated. The new software
will help with the already reduced staffing and improve our service delivery by the city and delivers goals in line
with the City Council’s theme outcome of providing effective community wide electronic-government (eGov)
services. Implementation of this new software was anticipated when the four positions or $275,000 of annual
salary/benefit expense was permanently eliminated from the Planning and Inspections Departments in 2009.
Project funding is included in the adopted 2010 IT capital budget for replacement of this system. CRW software
licensing is in the amount of $138,938 and project implementation costs of $119,322. The proposal and contract
have been reviewed by the city attorney. Staff recommends Council approve this proposal and award the contract
to CRW Systems, Inc. a San Diego, CA based company in the amount of $258,260 including tax. The proposed
contract is on file in the City Clerk’s office for review.
/TV, JF
CITY OF BURNSVILLE
ACTION:
X
_____ New Policy
Meeting Date
Item Number
06/08/2010
4F
Required by Law _____ Previous Council Action ______ Council Theme
______ Housekeeping
ITEM
Consider Accepting Bid and Awarding Contract for the Keller Lake Lift Station Improvements (10-308).
ACTION TO BE CONSIDERED
Accept Bid and Award Contract for the Keller Lake Lift Station Improvements (10-308) project to Penn
Contracting, Inc. in the amount of $ 163,175.00.
FACTS
The Council authorized the Keller Lake Lift Station Improvements project, ordered the plans and specifications and
ordered the advertisement for bids at the January 5th Council Meeting. The plans and specifications were
completed and advertisement for bids was duly published in the required legal publications and six bids were
received, opened and read aloud as required by law. The bids received follow:
Bidder
Penn Contracting, Inc.
Minger Construction, Inc.
Friedges Contracting Co., LLC
Geislinger and Sons, Inc.
Magney Construction, Inc.
Gridor Construction, Inc.
Bid
$ 163,175.00
$ 163,657.50
$ 165,125.00
$ 177,700.00
$ 185,600.00
$ 186,720.00
Engineer’s Estimate
$ 162,175.00
Staff and our consulting engineer consider the bids to be competitive and of good value and recommend awarding
the contract to the responsible and responsive low bidder, Penn Contracting. The City has completed utility
projects with Penn in past years with good results. The Engineer’s Estimate reflects the difficulty in estimating
projects in this bidding environment but the close bids reflect the work was clear and without issue to the bidders.
The 2010 CIP indentifies $ 150,000 for Lift Station Rehabilitation out of Water and Sewer Funds. The lift station
rehabilitation program is really just starting and once staff gets some history of project scope and prices, budgets
and bids will come in line. Savings from other lower than expected bids on other projects within the Fund can make
up the difference for this project.
ISSUES
Staff is not aware of any issues at this time.
JJR
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
06/08/2010
4G
_____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
__X___ Required by Law ____ Previous Council Action _____ Council Theme ______ Housekeeping
ITEM:
Consider Approval of an Application for T-L Burnsville LLC for a PUD Amendment to allow a liquor store at the
existing Cub Foods located at 1750 County Road 42 West; 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 Amended Planned Unit Development Agreement.
STAFF RECOMMENDATION:
PLANNING COMMISSION ACTION / ISSUES:
At the May 24, 2010 meeting, the Planning Commission held the public hearing and reviewed the application.
The Commission discussed the details of the liquor store operation. The Commission was supportive of the
proposed PUD Amendment with the addition of one condition as listed in the recommendation below.
Chris Wagner, representing Supervalu, addressed questions of the Commission. No members from the public
spoke at the public hearing.
PLANNING COMMISSION RECOMMENDATION:
On May 24, 2010 the Planning Commission voted 5 - 0 to recommend to City Council approval of the Planned
Unit Development Amendment to allow a liquor store in the existing building at 1750 County Road 42 West with
the following condition:
1. The deliveries for the liquor store shall not obstruct the fire lane at any time and should occur in the turn
off area on the west side of the building.
After further review, it was determined the above mentioned turn off area is striped as a fire lane. Therefore, staff
is recommending the condition be revised to the following:
1.
The deliveries for the liquor store shall not obstruct the fire lane at any time.
PLANNING COMMISSION SUGGESTIONS: N/A
T-L Burnsville LLC
June 8, 2010
Page 2 of 2
LEGAL DOCUMENTS:
Unless otherwise noted by the City Council at the meeting, the City Council motion of approval of this item is to
approve the conditions as recommended by the Planning Commission and modified by staff as noted and to direct
staff to incorporate the conditions 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:
(5/24/2010) P.C. Report & Packet
(5/24/2010) Unapproved P.C. Minutes
Findings of Fact
Other Exhibits (List):
JH
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
Amended Interim Use Permit
Ordinance
Ordinance Summary
Resolution
Variance
2,
B
D
U
P
County Road 5
R-3A, PUD
o ad
R
s
w
dre
n
A
c
M
T-L Burnsville LLC
1750 County Road 42
Zoned: B-3, PUD
B-
3,
PU
D
County Road 42
B3-PUD
.
T-L Burnsville LLC
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
File 10-11
Site
North
Pictometry
T‐L Burnsville LLC
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Agenda Item:
Meeting Date:
Project No.:
3
5/24/2010
09-37
PRESENTER:
Chris Slania, Planner
Ann Thies, Supervalu, Inc.
Douglas Paquay, Supervalu, Inc.
ITEM:
Public Hearing – T-L Burnsville LLC for a PUD Amendment to allow a liquor store at the existing Cub
Foods located at 1750 County Road 42 West.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted:
March 31, 2010
May 30, 2010
July 29, 2010
BACKGROUND/OVERVIEW:
T-L Burnsville LLC is requesting approval of a Planned Unit Development Amendment for the addition of a liquor
store within the existing Cub grocery store at 1750 County Road West. The subject site is 16.5 acres and contains
a 136,781 sq. ft. Cub store.
The subject property is zoned B-3, PUD (General Business, Planned Unit Development). Liquor Stores are
conditional uses and allowed by PUD or CUP within the B-3 District. The site exists as a PUD and therefore the
application is being processed as a PUD Amendment. The subject site is guided Business/Office/Retail in the
Comprehensive Plan.
The properties to the west across County Road 5 are zoned B-2, PUD (Neighborhood Business, Planned Unit
Development). The property to the east and south across County Road 42 are zoned B-3, PUD (General Business,
Planned Unit Development). The property to the north across McAndrews Road is zoned R-3A, PUD (Medium
Density Residential, Planned Unit Development).
HISTORY:
The property has existed as a Planned Unit Development since 1979. The following PUD Amendments have
been approved since 1979:
1983 - for the Holiday Plus store;
1994 - for the Holiday Pets store within Holiday Plus;
1995 - for parking lot and drive lanes alteration;
1998 - for the Gander Mountain tenant.
In addition to Cub, the building contains Pet Supplies Plus and the vacant space previously occupied by
Gander Mountain.
T-L Burnsville LLC
May 24, 2010
Page 2
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 Cub to operate a liquor store provides an economic
benefit to the store and neighboring retail stores. The proposal helps maintain the viability of the store by
increasing the number of potential customers to the site.
PUD DEVIATIONS: N/A
VARIANCE HARDSHIP: N/A
DEVELOPMENT SUMMARY CHART:
Site Area:
Building Area
718,552 sq. ft. 16.49 Acres
136,781 sq. ft.
Parking Required
Total Parking Provided:
580 stalls
817stalls
PUD DETAILS:
Cub has requested a PUD Amendment to allow a liquor store within the existing building. The proposed hours of
operation are Monday through Thursday 8 a.m. through 8 p.m., and 8 a.m. through 10 p.m., Friday and Saturday.
Cub successfully operates liquor stores in a number of other communities across the metro including Arden Hills,
Bloomington, Brooklyn Park, Hastings, Maplewood, Plymouth, Rosemount and Stillwater.
The ordinance requires that buildings containing a liquor store are setback at least 100 feet from any residential
zoning district. The Cub store is located over 200 feet from the property line with the townhomes to the north.
The property is platted as Lot 1, Block 1, Holiday Burnhill Addition
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE:
Most of the changes proposed for the liquor store encompass the interior of the store. The addition of liquor
requires a separate entrance into the space proposed on the southwest side of the building inside the main vestibule.
Pursuant to the plans the vestibule will be enlarged to provide access to all the tenant spaces from the common
southwest vestibule.
PARKING / LOADING:
The site contains 817 parking stalls. Based on the square footage of the grocery use, pet store, and vacant retail
within the building and the proposed liquor store, the ordinance requires 580 stalls satisfying the required demand.
TREE PRESERVATION: N/A
LANDSCAPING: N/A
T-L Burnsville LLC
May 24, 2010
Page 3
SCREENING: N/A
SIGNAGE:
The main Cub sign will remain on the southwest elevation. There are no changes to the size or design of the main
sign or the other existing signs. One new Cub Liquor sign (121.59 sq. ft.) is proposed on the southwest entrance
next to the existing Pet Supplies Plus sign. The liquor store would be a tenant within the building therefore is
entitled an exterior sign. The proposed signage is consistent with the ordinance. Staff has no concerns.
LIGHTING: N/A
ENGINEERING CONSIDERATIONS:
The Engineering Department does not have any comments at this time.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
There are no comments.
PLANNING CONSIDERATIONS:
Liquor Stores are a conditional use in the B-3 District and are consistent with the existing retail services in area as
well as the Comprehensive Plan. Cub (Supervalu Inc.) is well known and an amenity to the community. Staff is
supportive of the application. There will be no adverse affects to the neighborhood.
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 the addition of a liquor store within the existing Cub grocery store at 1750 County Road 42 West.
ATTACHMENTS:
Site Location Map
Pictometry
Other Exhibits
JH
G:\PLANNING\AGENDA\PC\2010\05-24-10\T-L Burnsville LLC\PC Report.Docx
LARGE ATTACHMENTS
Site Plan
Existing Building Floor Plan (Fixture Plan)
Proposed Liquor Store Floor Plan (Fixture Plan)
Sign Plan (Southwest Entrance, color)
UNAPPROVED MINUTES OF THE
MAY 24, 2010 PLANNING COMMISSION MEETING
3.
Public Hearing - T-L Burnsville LLC for a PUD Amendment to allow a liquor store at the
existing Cub Foods located at 1750 County Road 42 West.
Deb Garross presented an overview of the proposed application and that staff recommends approval of
the application as presented.
Chris Wagner, representing Supervalu, One Westbrook Corporate Center, Westchester, IL, was present to
answer questions of the planning commission. Mr. Wagner identified that deliveries are proposed to be
made through the vestibule with trucks parking outside of the front entrance early in the morning. He
also advised the commissioners that they cannot use the loading areas on the north side of the building
because the city would not allow liquor to be transported through the grocery store.
At 6:46 p.m. Manhart opened the public hearing.
No members of the public spoke.
At 6:47 p.m. Manhart closed the public hearing.
The commissioners questioned the need for three sets of doors to access the liquor store, where trash
handling areas would be located and indicated concern about the proposal to use the drive lane in front of
the entrance to the building for loading/unloading for the liquor store.
Garross advised that the proposed plan and access door arrangement were designed to meet the city code
requirements for liquor stores; that trash handling would using the same areas of the building as the rest of
the tenants.
Turner moved and Singh seconded a motion for the planning commission to recommend to the city
council approval of the Planned Unit Development Amendment to allow a liquor store at the existing Cub
Foods located at 1750 County Road 42 West subject to the following condition:
1. The deliveries for the liquor store shall not obstruct the fire lane at any time and should occur in
the turn off area on the west side of the building.
Ayes: Currier, Manhart, Singh Teiken, Turner. Nays: None. Motion passed (5 - 0).
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application for T-L Burnsville LLC for a
PUD Amendment to allow a liquor store at
the existing Cub Foods located at 1750
County Road 42 West
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On June 8, 2010, the Burnsville City Council met at its regularly scheduled
meeting to consider the above application of T-L Burnsville LLC, for a Planned Unit
Development Amendment to allow a liquor store within the existing Cub store at 1750
County Road 42 West.
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-3, PUD (General Business, Planned
Unit Development).
2.
The Comprehensive Plan has identified this area as business/retail/office
in the future land use map.
3.
The B-3 District allows liquor stores as a Conditional Use or Planned Unit
Development Amendment.
4.
The proposal fits with the retail character of the neighborhood,
complements the grocery use, and will not adversely affect the surrounding land uses.
5.
The proposed plan satisfies the sign ordinance.
6.
The liquor store helps maintain the viability of the store by increasing the
number of potential customers to the site.
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-10-___.
Adopted this 8th day of June, 2010.
CITY OF BURNSVILLE
By:
ATTEST:
G:\AGENDA\Planning\2010\06-08\4G T-L Burnsville\10 - Findings
2 Of Fact.Doc
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
__X__ Clarification/Revision of Past Policy
06/08/2010
4H
_____ Required by Law _____ Previous Council Action ______ Council Theme
______ Housekeeping
ITEM
Consider Approval of modifications to Fee Policy 2.100 for Fixed Building Permit Fees
Adopt the Amended Policy
FACTS
The City collects a mandated state surcharge for fixed fee permits. We collect the surcharge for (building,
mechanical, plumbing, grading, and electrical permits). The minimum fee is $.50 and has been the same for many
years.
Beginning July 1, 2010 the minimum state surcharge fee will be increased to $5.00. The increased cost will be
collected with all fixed fee permits and forwarded to the state as required. The calculation rate is not changing,
only the minimum. So for smaller permits where the charge was only 50 cents, it will now be $5.00 For example,
the permit fee for a water heater, water softener, fireplace or air conditioner will change from $51.00 to $56.00.
Because the surcharge is included in our permit fee schedule adopted by the Council in January of each year, the
policy needs to be amended. The state has advised this increased surcharge will be in effect for 1 year, until June
30, 2011.
On a related item, the Council may recall the amended 2010 Legislative Agenda related to local municipal control
over plumbing and electrical plan review and inspections. In this case, the state was taking over such inspections at
a detriment to local control and related revenue. Because of our standing with the state inspections, we have been
able to continue to have our own electrical and plumbing inspector which provides our customers with much better
customer service on many different levels. The increase in the state surcharge does not mean the state is covering
costs for work they do relative to permits (which is only record keeping). It is viewed more of a revenue source for
the state in staff’s opinion. This is just another example of how the state is trying to generate additional revenues.
ISSUES
There are no issues. The policy needs to be amended so the City can collect the fees as required by State Statute to
pass on to the Department of Labor and Industry.
ATTACHMENTS
City Legislative Position on Local Control
Revised Fee Schedule
SM
20. Metropolitan Governance – The City of Burnsville favors a modification to the present governance model for the Metropolitan Council. Specifically the City favors a “council of governments” type model utilizing elected city and county officials to serve as the metropolitan governing board with appointments being made by the local governments themselves. 21. Local Control ‐ The City of Burnsville supports local jurisdiction over plumbing and electrical plan review and inspection as provided for in the statutes. The City of Burnsville opposes recent actions by the Minnesota Department of Labor and Industry in taking steps to assume some and/or all of this responsibility at the State level. Communities that meet the legislative requirements should be able to decide who performs this work in their communities. Local officials are in a better position to be responsive to deadlines, understand potential issues, and respond to those issues in a timely manner. Furthermore, inspections are more efficiently completed by the same professional charged with review of the building plans. Municipalities with the ability to hire qualified individuals locally to perform this work should have the responsibility and authority to do so. City Legislative Initiatives 21.22.
Bonding Funds TH 13 / CSAH 5 – The City of Burnsville has labored long and hard to advance the status of this sorely needed project. It appears that at this juncture that approximately 75% of the required funding has been established through City, County, State and Federal funds. The City has submitted an application under the American Reinvestment and Rehabilitation Act (ARRA) to fund the balance. If that funding is not available, the City requests inclusion of this amount in the bonding bill to be considered by the 2010 legislature. (Bud Osmundson) 22.23.
Donation of Used Public Safety Equipment ‐ The City of Burnsville supports state legislation that would provide civil immunity to municipalities donating used public safety equipment to other public agencies. Currently, the fear of liability precludes the easy transfer of perfectly serviceable equipment to other agencies. (Example: Burnsville could not provide older Self Contained Breathing Apparatuses (SCBA) to a smaller jurisdiction for just this reason). (Tom Hansen) (Last update ‐ 12/15/09 Council ReviewOriginal Adopted on 1/5/2010, Amended on 3/16/2010) 4 | P a g e CITY OF BURNSVILLE
PROTECTIVE INSPECTIONS FEES AND CHARGES
Policy No. 2.100
ITEM - ACTIVITY
2010
2010
Modified Surcharge
CONTRACTOR'S LICENSE (Htg, Vent. Refrigeration & A/C)
BUILDING PERMITS
Siding/Roofing/Window
$73.75
Shed
$25.00
PLAN REVIEW FEE
FOUNDATION INSPECTION FEE
WEED CONTROL ADMINISTRATION FEE
$101.00
Permit Range ($25.00 to
$5,957.00 for project value up to
$1M) + ($4.00/$1,000 of project
value > $1M)
No Change
.65% permit fee
$375.00
$25.00
No Change
No Change
No Change
$165.00
$170.00
$25.00/Test
$51.00/New Installation
$165.00
$25.00
$126.00
$315.00
$30.00/Test
$56.00/New Installation
$170.00
$30.00
$131.00
$320.00
$51.00
$51.00
$51.00
$56.00
$56.00
$56.00
.0263 of Contr.
.0263 of Contr.
$25.00
.0263 of Contr.
No Change
No Change
$30.00
No Change
$197.00
$197.00
.0263 of Contr.
$202.00
$202.00
No Change
$228.00
.0263 of Contr.
$233.00
No Change
$165.00
$51.00
$51.00
$20.00
$170.00
$56.00
$56.00
No Change
$51.00
$56.00
.0263 of Contr.
1% of Contr.
No Change
No Change
.0263 of Contr.
$51.00
$105.00
$51.00
$158.00
$84.00
$56.00
$110.00
$56.00
$163.00
$89.00
$84.00
$105.00
$51.00
$89.00
$110.00
$56.00
Range $.50 to ($1,500.00 +
.00005 of value > 5M)
No Change
$78.75
$30.00
MECHANICAL PERMITS: RESIDENTIAL
Plumbing - single family residential
RPZ Permit (Testing and New Installation)
Heating, A/C, ventilation, refrigeration - New Single Family
Gas Piping - per opening
Water and Sewer - residential
Private Disposal System
Storage Tank Removal - Residential
Fireplace
Water Softeners, Water Heaters & A/C Replacements Only
MECHANICAL PERMITS: COMMERCIAL
Plumbing - non-residential
Heating - non-residential
Gas Piping - per opening
Fire Protection
Water and Sewer - Commercial
Commercial Fire line
Utility
Storage Tank Removal (per Tank)
Underground storage tanks
ELECTRICAL PERMITS
Residential:
Complete wiring of new construction - includes service
Upgraded electrical services and sub panels
Wiring of additions, remodeling and rewiring: First room
Each Additional Room
Minor work only (Installation, replacement, alteration or
repair limited to one inspection only.)
Commercial:
Permit fee based on JOB COST
$ 0 - $25,000 in valuation
Balance remaining $ 25,001 & over
ELECTRICAL PERMITS: (Continued)
Miscellaneous:
Quarterly Basis Facility Maintenance
0 - 200 Amps temporary service during construction
Over 200 Amp temporary service during construction
Elevators and/or moving stairs
Carnival/Amusement Rides
Alarm systems (120 Volts only)
NOTE: A fire alarm permit is required for all low voltage work.
Signs
Swimming Pools
Minimum
STATE SURCHARGE ON COMMERCIAL BUILDING & MECH. PERMITS
SIGN PERMITS:
CITY OF BURNSVILLE
PROTECTIVE INSPECTIONS FEES AND CHARGES
Policy No. 2.100
ITEM - ACTIVITY
2010
2010
Modified Surcharge
Pylon sign permit
Monument sign permit
Wall sign permit
Sign face change permit
Grand opening banner permit
Temporary sign permit (Leasing banner, interim business sign,
truck sign, real estate development)
New Business Banner (30 day maximum)
Community Event
Sandwich Board Sign (per year)
Special Sales Event
Special Events - Indoor
Special Events - Outdoor
Transient Business Sign Permit (per 30 day period - 90 day maximum)
Employment Signs - Per Month
Sign Impound Fees
PROPERTY REPAIR EXPENSE ASSESSMENT REQUEST
VACANT BUILDING REGISTRATION
Vacant Building Registration
Vacant Building Registration -Annual Renewal
LP Gas Exchange
GRADING PERMIT FEES 90 cu. Yds. or less
91 - 1000 cu. Yds.
1001-10,000 cu. yds.
10,000-100,000 cu. yds.
$176.00
$176.00
$124.00
$124.00
$72.00
$72.00
No Charge
No Charge
$525.00
$26.00
$112.00
$229.00
$194.00
$194.00
$68.00
$400.00
No Change on Sign Permit
Fees
No Charge
No Charge
$25.00
No Charge
No Charge
No Change
No Charge
No Charge
Range $24.65 to $422.25 +
$7.25/10,000 Cubic Yds.
$964.00 +
$36.50/10,000
$208.50 to $348.00
$348.00 to $951.00
Cubic Yds.
$951.00 plus $36.50 per Add'l
10,000 cu. Yds.
100,000 cu. yds. or more
GRADING PLAN REVIEW FEES
No Change
Range $24.65 to $422.25 +
$7.25/10,000 Cubic Yds.
$42.00 to $208.50
No Change
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
06/08/2010
5
______ Housekeeping
PRESENTER
Tina Zink, Licensing Coordinator
ITEM
Public Hearing - Consider Renewal of Off-Sale, On-Sale, Sunday On-Sale, Wine, 3.2 Percent On-Sale, and 3.2
Percent Off-Sale Liquor Licenses.
Approve the renewal of all liquor licenses as presented on the attached list for the period July 1, 2010 through June
30, 2011, subject to all financial obligations to the State of Minnesota, Dakota County and the City of Burnsville
being current and receipt of proper certificate of insurance.
FACTS
The City Code requires a public hearing for the annual renewal of liquor licenses. Approval should be subject to all
obligations to the State, County, and City being current and all lodging taxes being up to date. Their licenses will
not be released until proof of payment is provided. The following changes have taken place since 2009/2010
renewals:
•
•
•
•
On-Sale/Sunday On-Sale:
Renegades has closed.
Applewood Grill/Kramer’s Catering has closed.
Porter Creek is new.
Timberlodge Steakhouse is closed.
•
•
•
•
•
Wine & 3.2 Percent On-Sale:
Byerly’s has changed to Off-Sale (not selling anymore until off-sale is completed).
J’s Family Restaurant under new ownership.
Noodles & Company is new.
India Palace is new.
Famous Dave’s is under sole ownership.
•
3.2 Percent Off-Sale:
Holiday Stationstore is new.
•
•
•
Off-Sale:
MGM under new ownership.
Liquorville is new.
Byerly’s is new (renewal will not be included as original has not begun yet).
Meeting Date
Item No.
Page Two
6/8/10
Applicants for renewal will have paid the required fees and submitted all necessary documents prior to their license
being issued. The Police Investigator has conducted the state required background checks and found no reason to
deny any renewal.
For the renewal licensing period 2010/2011, the Council requested that the police department report with
the background information any liquor license establishments that became an area of concern during the
previous licensing year. Those reports will be an attachment to the yearly renewal background.
Council also received a request to extend the payments for on-sale liquor license fees. Current practice is
to collect ½ at the time of application and the remaining ½ after 60 days for both on-sale and wine liquor
licenses (City Code 3-1-7-2). Staff surveyed market cities and discovered that only two out of the nine
surveyed allow more than one payment. Similar to our current practice, they both allow two payments
with the second payment due by December 15th.
Staff feels that having any more than two payments per year would create an administrative burden.
Extending the payment from 60 days after application to another date would have very little effect as long
as the second payment was received before the end of the year, thereby not affecting expected budget
revenues. If Council directs staff to pursue a change in the payment schedule, an ordinance amendment
would be required.
ATTACHMENTS
Liquor License Renewal List
Memo from Chief Hawkins re: Liquor License Renewals
Memo from Capt. Gieseke re: Burnsville Bowl 1200 Club
TZ
CITY OF BURNSVILLE
10/11 LIQUOR LICENSE RENEWALS
BUSINESS NAME
DBA
BUSINESS ADDRESS
Off-Sale
Blue Max Liquors Inc.
Noehring Inc.
Hiwella Inc.
Bimla Brar
Saga Hill Wine & Spirits
E & M Red Lion Liquors Inc.
T’s Discount Liquor III
Blue Max Liquors
Burnsville Liquor Outlet
Crosstown Liquors
Redhawk Liquor & Wine
MGM Liquor Warehouse
Red Lion Liquors
Big Discount Liquor
14640-10th Ave S
13720 Cty Rd 11
2000 W Bville Pkwy
2900 E Cliff Rd
1012 Cty Rd 42 W
12400 Nicollet Ave S
12100 County Rd. 11
On-Sale/Sunday On-Sale
Apple American Ltd. Ptnsp.
Mongolian Operating Company, LLC
BUCA, Inc.
Wrongways, Inc.
BVB Entertainment Center Inc.
VenuWorks of Burnsville LLC
S & R of Burnsville L.L.C.
Chateau LaMothe, LLC
Chili's of Minnesota Inc.
Superior Concepts Inc.
San Miguel, Inc.
NoSo Restaurant Group
J.R.'s Family Reunion Inc.
CJJC, Inc.
Ansari Corporation
Russian Tavern Inc.
GMRI Inc.
Outback/Midwest
PAGA Inc.
Sierra Restaurants, LLC
Richmar, Inc.
GMRI Inc.
Pear One, Inc.
Awada Enterprises, Inc.
TGI Friday's of MN Inc.
Crystal Lake Country Club Inc.
Luebbert Hospitality, LLC
Burnsville Development Ltd.
Applebee's
bd’s Mongolian Grill
BUCA di BEPPO
Bumpers Sports Bar
Burnsville Bowl
Burnsville Performing Arts Center
Champps
Chateau LaMothe
Chili's SW Grill & Bar
Chianti Grill
El Loro Mexican Restaurant
Hooters
J.R.'s Family Reunion
McKrackens’ Pub
Mediterranean Cruise Café
Nina’s Grill
The Olive Garden
Outback Steakhouse
Parkway Grille
Porter Creek
Primetime Sport Bar & Grill
Red Lobster #281
Roasted Pear
Stephano's Italian Cuisine
TGI Friday's
Tuckers at Buck Hill
VIP Olmeca & Events
Holiday Inn Burnsville
2152 Bville Center
1025 Co. Rd. 42 W.
14300 Burnhaven Dr.
12450 Nicollet Ave S
1200 E Hwy 13
12600 Nicollet Ave.
1200 W Cty Rd 42
14351 Nicollet Ct.
14161 Aldrich Ave S
14296 Plymouth Ave
2501 Horizon Dr.
12950 Aldrich Ave. S.
3401 E Hwy 13
3120 W. Hwy. 13
12500 Nicollet Ave.
2510 Horizon Dr.
1451 Cty Rd 42 W
2034 W. Cty Rd 42
251 W. Burnsville Pkwy.
14201 Burngarten Dr.
14103 Irving Ave. S.
1301 Cty Rd 42 W
14200 Nicollet Ave.
11849 Millpond Ave.
14400 Buck Hill Rd.
15400 Buck Hill Rd.
1919 W. Bville Pkwy.
14201 Nicollet Ave S.
3.2 Percent Off-Sale
Aldi Inc.
SuperValu Inc.
Burnsville 1998 LLC
Holiday Superstores, Inc.
Holiday Superstores Inc.
Kwik Trip Inc.
PDQ Stores of MN Inc.
Aldi Foods #85
CUB Foods
CUB Foods
HolidayStationstore #410
Holiday Stationstore #213
Kwik Trip #309
PDQ Food Store #230
1451 Riverwood Dr.
300 Traveler Trail E.
1750 W. Cty. Rd. 42
900 W. Bnsvl Pkwy
14150 Irving Ave S
501 Crystal Lake Rd
14301 Nicollet Ct.
CITY OF BURNSVILLE
10/11 LIQUOR LICENSE RENEWALS
BUSINESS NAME
DBA
BUSINESS ADDRESS
3.2 Percent Off-Sale (Continued)
Speedway SuperAmerica L.L.C.
Target Corporation
SuperAmerica #4201
SuperAmerica #4211
SuperAmerica #4314
SuperAmerica #4383
SuperAmerica #4460
Target Store T-2340
1900 Cty Rd 42 W
1221 Cty Rd 42E
12750 Cty Rd 5
13500 Cty Rd 5
1201 Riverwood Dr.
810 Co. Rd. 42 W.
3.2 Percent On-Sale
Cam Ranh Bay Rest. of Burnsville
Chinese Gourmet Inc.
Chipotle Mexican Grill of Colorado
CEC Entertainment, Inc.
Davanni's Inc.
Burnwood LLC
House of Wu Inc.
India Palace Burnsville, Inc.
Inger Dilly
Jensen’s Café Inc.
JoJo’s Rise & Wine Inc.
Mekong River Inc.
The Noodles Shop, Co.
Shooters of Burnsville Inc.
Soccer Blast, Inc.
Cam Ranh Bay
Chinese Gourmet
Chipotle Mexican Grill
Chuck E. Cheese’s
Davanni's
Famous Dave's Barbeque
House of Wu
India Palace
J's Family Restaurant & Catering
Jensen’s Café
JoJo’s Rise & Wine
Mekong River Thai Cuisine
Noodles & Company
Shooters Billiard Club
Soccer Blast
1006 W. County Rd. 42
12901 Aldrich Ave S
1025 Bville Ctr
14639 Cty Rd 11
12721 County Rd. 5
1250 W Hwy 13
1905 Co. Rd. 42 W.
2913 E. Cliff Rd.
12750 Nicollet Ave. S.
1916 Hwy. 13 E.
901 Co. Rd. 42, Ste B220
1934 E. Hwy. 13
3601 W. 145th St.
Wine
Cam Ranh Bay of Burnsville
Chinese Gourmet Inc.
Chipotle Mexican Grill of Colorado
Burnwood LLC
Alex Awada
India Palace Burnsville, Inc.
Jensen’s Café Inc.
JoJo’s Rise & Wine Inc.
Mekong River Inc.
The Noodles Shop, Co.
Shooters of Burnsville Inc.
Soccer Blast, Inc.
Cam Ranh Bay of Burnsville
Chinese Gourmet
Chipotle Mexican Grill
Famous Dave's Barbeque
Giuseppe’s Restaurant
India Palace
Jensen’s Café
JoJo’s Rise & Wine
Mekong River Thai Cuisine
Noodles & Company
Shooters Billiard Club
Soccer Blast
12901 Aldrich Ave S
12721 County Rd. 5
14600 10th Ave.,Ste 400
1905 Co. Rd. 42 W.
1916 Hwy. 13 E.
901 Co. Rd. 42, Ste B220
1934 E. Hwy. 13
3601 W. 145th St.
CITY OF
BURNSVILLE
POLICE DEPARTMENT
DATE:
May 13, 2010
TO:
Thomas W. Hansen, Deputy City Manager
FROM:
Robert T. Hawkins, Chief of Police
SUBJECT:
LIQUOR LICENSE RENEWALS
MEMO
Tom, in regards to liquor license renewals, I do not have any major concerns regarding any of the businesses.
We saw a recent spike in calls at Prime Time; as a result, Captain Werner met with their General Manager
Matt Looyen. The issues really stemmed from one particular group that is no longer allowed in the tavern.
The Olmeca Club had two significant, isolated incidents. The owner, Alex Luebbert, continues to work very
closely with City staff trying to prevent any similar incidents from occurring in the future.
The Burnsville Bowl garnered a great deal of attention earlier in the year. As you know, we requested a
meeting with owner Robert Hatten and his General Manager Kevin Coleman. The meeting was productive and
both Mr. Hatten and Mr. Coleman committed to taking corrective actions to mitigate any further dangerous or
illegal behavior at the Burnsville Bowl. They made two significant changes – better communication between
the night time staff and the police department, and cancelling the DJ Hip-Hop Wednesday events. The HipHop nights generated a great deal of hostile and inappropriate behavior. Both of those actions significantly
reduced our call load to the Burnsville Bowl. Management also made some personnel changes that enhanced
the communication with our department.
Tom, attached you will see a memo from Captain Gieseke. Eric oversees police operations on the east side of
Burnsville. He has a very good working relationship with Kevin Coleman and he does an excellent job staying
abreast of all the issues on the east side, especially at the Burnsville Bowl. Something I am monitoring very
closely is the pending sale of the Burnsville Bowl. I have heard that the negotiations have ended without a
sale. At our meeting with Mr. Hatten he stated that at the end of June he would no longer be the owner of
the Burnsville Bowl. Mr. Hatten said if a sale does not go through, the bank would take ownership. If that
happens, one of my concerns is that the bank may attempt to identify a “temporary” liquor license holder as
they continue to try to sell the property. If that comes to fruition we will need to take a very close look at that
operation. I believe that type of arrangement could be very problematic.
As for the rest of the taverns in town, I have no issues or concerns at this time. Please let me know if you have
any questions.
CITY OF
BURNSVILLE
POLICE DEPARTMENT
DATE:
May 12, 2010
TO:
Robert T. Hawkins, Chief of Police
FROM:
Eric J. Gieseke, Captain
SUBJECT:
BURNSVILLE BOWL 1200 CLUB
MEMO
As you know we have been monitoring the calls for service at the Burnsville Bowl 1200 Club, this is nothing
new to our department. Historically, we have always been aware and sensitive to any changes in calls for
service to any liquor establishment, and the 1200 Club is no exception. Unfortunately, the 1200 Club has had
two shootings since the beginning of this year in their parking lot. This, of course, has heightened citizen
concern and damaged the reputation of the 1200 Club. In each situation we have followed up with 1200 Club
management and have worked together to identify possible contributing factors to each incident. It should be
noted that the shootings were not related and no injuries were reported at either incident. My experience
with management has been constructive when addressing public safety issues, albeit sometimes gradual and
time consuming.
The most recent shooting occurred on Thursday, March 4, 2010. An arrest was made immediately following
the shooting and a suspect was charged by the Dakota County Attorney’s Office. In this case it should be
noted the swift arrest and apprehension came as a result of a 1200 Club security member’s assistance to our
department and the officers working that night. In the previous shooting (which occurred in January), we
have not identified a suspect due to very limited information. Consequently, we met with the 1200 Club
management on Thursday, March 11, to discuss this most recent incident and overall calls for service and their
operations. Management committed to several actions that we mutually agreed would enhance security and
public safety.
Since our most recent meeting an employee has resigned from the 1200 Club. This particular employee was
at times problematic for our officers. His resignation was considered a positive step forward in improving
working relationships with their staff and enhancing our public safety efforts. In addition, since our last
meeting we have had approximately 26 documented calls involving their business. It is important to
emphasize that half of these calls were actually initiated by our officers as part of our department’s Proactive
Policing Initiative (PPI). Only six of these calls resulted in an official police report, to include an assault, public
intoxication, theft, OFP/restraining order violation, suspicious person, and disturbing the peace.
It is important to explain that we have had numerous conversations with the 1200 Club staff and have
encouraged them to call us anytime they felt they needed assistance. In some cases it was apparent that they
were reluctant to notify us over concern that any additional calls for service may not represent their business
in a positive manner. However, we believe calling sooner rather than later would in fact prevent things from
escalating, and this appears to be improving.
Our patrol officers and Street Crimes Unit continue to work hard on policing the 1200 Club and we are
dedicated to keeping the customers and citizens safe.
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
_____ Previous Council Action
______ Council Theme
06/08/2010
6
___X__ Required by Law
______ Housekeeping
PRESENTER
ITEM
Public Hearing - Consider Approval of a 3.2 Percent On-Sale Liquor License for Alex Awada d.b.a.
Giuseppe’s Restaurant, 14600 Wood Park Shoppes, 10th Ave., Suite 400.
Approve the issuance of a 3.2 Percent On-Sale Liquor License to Giuseppe’s Restaurant, 14600 Wood
Park Shoppes, 10th Ave., Suite 400.
FACTS
Alex Awada of Giuseppe’s Restaurant has submitted an application for a 3.2 Percent On-Sale Liquor
License. All necessary documents have been received and the license fee has been paid.
The Police Department agreed that no new investigation would be necessary as this is an add-on liquor
license to his current Wine license. No reason was found to deny issuance of the license.
TZ
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
06/08/2010
7
______ Housekeeping
PRESENTER
ITEM
Public Hearing - Consider Approval of a 3.2 Percent On-Sale Liquor License for Inger Dilly d.b.a. J’s Family
Restaurant & Catering at 2913 E. Cliff Rd.
Approve the issuance of a 3.2 Percent On-Sale Liquor License to Inger Dilly d.b.a. J’s Family Restaurant &
Catering at 2913 E. Cliff Rd.
FACTS
An application has been submitted from Inger Dilly for J’s Family Restaurant & Catering located at 2913 E.
Cliff Rd. for a 3.2 Percent On-Sale liquor license. All necessary documents have been received and the fee
has been paid.
The Police Department has conducted a background investigation on the principals involved and found no
reason to deny the issuance of the license.
TZ
CITY OF BURNSVILLE
ACTION:
_____ New Policy
___X__ Required by Law
Meeting Date
Item number
X__ Clarification/Revision of Past Policy
06/08/2010
8
_____ Previous Council Action ______ Council Theme______ Housekeeping
PRESENTERS
Tom Hansen, Deputy City Manager
Eric Werner, Police Captain
ITEM
Consider an Ordinance amending Burnsville City Code, Title 3, Chapter 24 regulating Pawnshops, Secondhand
Goods, and Precious Metals Dealers
Adopt the Ordinance.
FACTS
The City Council directed staff last year to work with potentially affected property resellers to devise a regulatory
framework that would provide a “level playing field” for local property reselling businesses and a fair reporting
system on regulated transactions. Currently, the City has one regulated business, PawnAmerica. Other property
reselling businesses are not currently regulated even if they conduct similar or identical transactions.
Staff has met with all interested businesses that could be affected by the ordinance. Staff has surveyed all
potentially affected businesses and met with managers or owners at their place of business if they desired such a
visit. Several Council Worksessions provided direction to staff and an opportunity for affected businesses to
express their concerns while developing this ordinance revision. The Economic Development Commission
reviewed an earlier draft proposal and provided their input.
It is important to note some context for this ordinance revision. The revision is based on three assumptions:
1. The City has a legitimate need to regulate property reselling businesses. This regulation serves as both
a deterrent to crime and an investigatory tool to solve crime.
2. Regulation of property reselling businesses should fairly apply to like businesses.
3. The property subject to regulation should be rationally related to its value and likelihood of being
stolen.
The revision before the Council is unique because it focuses on the property being bought and sold rather than
solely on the business doing the buying/selling. Under the existing ordinance, every transaction a pawnshop
conducts is regulated – regardless of the property’s value or likelihood of being stolen. The proposed revision
regulates property based on its value and likelihood of being stolen, regardless of which reselling business is doing
the transaction.
The following categories of property are proposed to be the subject of regulation because, in terms of value, they
represent the significant majority of stolen property according to Police records:
- Electronic audio or video equipment
- Power tools
- Jewelry/coins/precious metals
- Firearms
- Computers or computer related equipment
ISSUES
Hold periods – This ordinance establishes a 14 day hold period (down from the current 30 days) before a business
may resell or otherwise transfer a reportable piece of property it has purchased. This affords law enforcement
personnel a period of time to process stolen property complaints. Police can still order a specific piece of property
to be held beyond the 14 days if it is the subject of a police investigation.
Reporting Systems – Specific records information required to be maintained on regulated property by reselling
businesses is established in the ordinance. The reporting of that information must be on forms or in a
computerized record in a format compatible with an automated reporting system, as determined by the Chief of
Police.
Fees – Fees charged to reselling businesses are part of the Council’s annually approved fees and charges schedule.
An amendment to that schedule is proposed in a separate agenda item.
Implementation – If the Council approves this proposed revision, staff recommends a two stage implementation
plan. The existing reselling business has the experience and reporting systems in place to make a fairly quick
transition. Staff would recommend a July 1 implementation date for that business. Other potentially affected
businesses will require some time to become familiar with the ordinance and implement its provisions. Staff is
proposing to conduct a “best practices” educational program with reselling businesses to familiarize them with the
ordinance. Consequently, a January 1, 2011, implementation date is recommended for those businesses.
ATTACHMENTS
Proposed ordinance revision to Title 3, Chapter 24 of the Burnsville City Code
TWH/
ORDINANCE NO. ______
CITY OF BURNSVILLE, MINNESOTA
AN ORDINANCE AMENDING BURNSVILLE CITY CODE TITLE 3,
CHAPTER 24, REGULATING PAWNSHOPS, SECOND HAND
GOODS AND PRECIOUS METAL DEALERS
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS:
SECTION 1. Title 3 Chapter 24, of the Burnsville City Code regarding General
Regulations for pawnshops and pawnbrokers is hereby amended as follows:
Chapter 24
PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS
3-24-1: PURPOSE; ADOPTION BY REFERENCE:
The City Council finds that pawnbrokers, secondhand goods dealers, precious metal dealers and
other resellers of certain items potentially provide an opportunity for the commission of crimes
and their concealment because such businesses have the ability to receive and transfer stolen
property easily and quickly.
The purpose of this Chapter is therefore to prevent these businesses from being used as facilities
for the commission of crimes and to assure that such businesses comply with basic consumer
protection standards, thereby protecting the public health, safety, and general welfare of the
citizens of the City.
The provisions of state law applicable to and regulating pawnbrokers and precious metal dealers,
including Minn. Stat. §325F and 325J, are hereby adopted and incorporated herein and made a
part of this Code as completely as if set out in full.
3-24-2: DEFINITIONS:
The following words and terms when used in this Chapter shall have the following meanings
unless the context clearly indicates otherwise:
ANTIQUE: Any secondhand good the value of which, in whole or substantial part, is derived
from its age or its historical association and exceeds the original value of the item when new.
ANTIQUE DEALER: Any dealer, whose regular business includes selling or receiving
secondhand goods where at least ninety percent (90%) of the goods on hand at all times,
measured according to value, consists of antiques.
AUCTION HOUSE DEALER: Any dealer whose regular business includes selling or receiving
secondhand goods some or all of which are offered for sale for the highest bid or offer tendered.
Ordinance No. ____
Page 2
If the sale is conducted by means of an auction, the auctioneer must be properly licensed and
bonded in accordance with applicable laws.
AUTOMATED REPORTING SYSTEM (ARS): A computer database or service, approved for
use by licensees by the chief of police, accessible from remote location, designed to input and
retrieve data on transactions involving secondhand goods or items.
BILLABLE TRANSACTION: Every recorded or reportable transaction except renewals,
redemptions, or extensions of existing pawns on items previously reported and continuously in
the licensee's possession is a billable transaction.
COIN DEALER: A dealer whose regular business includes the buying, selling, and trading of
coins, stamped metal, monetized bullion or commercial grade ingots of gold, or silver. The coins
may be legal tender or otherwise and may be made of precious metals, gold, silver or platinum.
COMPUTERS OR COMPUTER-RELATED EQUIPMENT: Business or computer equipment
including workstations, laptops and servers and related equipment such as printers, scanners,
faxes, monitors and copiers.
CONSIGNMENT: An agreement between a dealer and a seller that enables the dealer to take
temporary possession of secondhand property, owned by the seller, for the purpose of offering it
for sale to the public.
CONSIGNMENT HOUSE DEALER: A dealer in secondhand goods acquired by a consignment
agreement.
DEALER: Any person whose regular business includes the purchase of goods, wares or
merchandise for the purpose of selling them at wholesale or retail to any qualified purchaser.
ELECTRONIC AUDIO OR VIDEO EQUIPMENT: Televisions, radios, stereos, audio or video
players and recorders, cameras, camcorders and like equipment but excluding musical
instruments and their related amplification equipment.
FIREARMS: A gun that discharges shot or a projectile by means of an explosive or a gas. For
purposes of this Chapter, the definition includes all rifles, pistols, shotguns and similar weapons
as provided in M.S. 624.712, but excludes those devices firing or ejecting a shot measuring .18
of an inch, or less in diameter and commonly known as a “BB gun” or air rifle.
FLEA MARKET: Any group of five (5) of more unrelated persons or businesses selling
secondhand goods to the public from a single physical location.
INTERNET AUCTION: The sale of merchandise on the World Wide Web, or Internet, by a
person who is registered with and assigned a designated account or user name by the Internet
website hosting the auction.
ISSUING AUTHORITY: The City of Burnsville.
Ordinance No. ____
Page 3
ITEM: Any single physical article; however, with respect to a commonly accepted grouping of
articles that are purchased as a set and have greater value as a set than the combined value of its
components set if sold individually, the term "item" shall refer to the set.
ITEM CONTAINING PRECIOUS METAL: An item made in whole or in part of metal and
containing more than one percent by weight of silver, gold, or platinum.
JEWELRY: Objects of precious metals often set with precious stones but excluding costume
jewelry. The term includes all watches.
LICENSEE: All secondhand dealers and pawnbrokers regulated by this Chapter, to whom a
license is issued under this Chapter, including any agents or employees of the person.
LICENSED PREMISES: The compact and contiguous premises described in the approved
license issued by the City's Issuing Authority.
PAWN TRANSACTION: Any loan on the security of pledged goods or any purchase of
pledged goods on the condition that the pledged goods are left with the pawnbroker and may be
redeemed or repurchased by the seller for a fixed price within a fixed period of time.
PAWNBROKER: A person engaged in whole or in part in the business of lending money on the
security of pledged goods left in pawn, or in the business of purchasing tangible personal
property to be left in pawn on the condition that it may be redeemed or repurchased by the seller
for a fixed price within a fixed period of time, except those excluded by M.S. 325J.01. To the
extent that a pawnbroker business includes buying personal property previously used, rented, or
leased, the provisions of this Chapter shall be applicable.
PAWNSHOP: The location at which or premises in which a pawnbroker regularly conducts
business.
PERSON: An individual, partnership, limited liability partnership, corporation (foreign,
domestic, or nonprofit), limited liability company, joint venture, trust, association, or any other
legal entity, however organized.
PLEDGED GOODS: Tangible personal property other than choses in action, securities, bank
drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise
actually delivered into the possession of a pawnbroker in connection with a pawn transaction.
PRECIOUS GEMS: Any gem that is valued for its character, rarity, beauty, or quality, including
diamonds, rubies, emeralds, sapphires, or pearls, or any other precious gems or stones, whether
as a separate item or in combination as a piece of jewelry or other crafted item.
PRECIOUS METAL DEALER: Any natural person, partnership, or corporation, either as
principal or agent, engaging in the business of buying secondhand items containing precious
Ordinance No. ____
Page 4
metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious
and decorative objects.
PRECIOUS METAL ITEM: Coins with a numismatic value or intrinsic value greater than its
denominational value, precious gems, gold, silver, platinum, and sterling silver, whether as a
separate item or in combination as a piece of jewelry or other crafted item, except items plated
with precious metal or metals and the plating equals less than one percent (1 %) of the item's
total weight.
PRECIOUS METALS: Silver, gold, and platinum.
RECEIVE: To purchase, accept for sale, on consignment, broker or receive in trade for an item
of equal or lesser value.
RECORDED OR REPORTABLE TRANSACTION: Transactions conducted by a pawnbroker,
second hand goods or precious metals dealer in which secondhand goods as defined by this
ordinance are received through a pawn, purchase, or consignment, except:
(A) The bulk purchase or consignment of new or used merchandise from a merchant,
manufacturer, non-profit or wholesaler having an established permanent place of business,
and the retail sale of said merchandise, provided the pawnbroker, second hand goods or
precious metals dealer, must maintain a record of such purchase; or
(B) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for
which all applicable hold and/or redemption periods have expired; or
(C) Trades of secondhand goods for items of greater value; or
(D) Transactions in which a pawn is renewed, extended, or redeemed.
SECONDHAND GOODS DEALER: Any person whose regular business includes selling or
receiving secondhand goods, including auction house dealers, consignment house dealers, flea
market dealers and antique dealers, but not including used car sales involving vehicles with titles
requiring registration with the Minnesota Department of Motor Vehicles under Minnesota
Statutes Chapter 168 or boats required to be registered with the Department of Natural
Resources.
SECONDHAND GOODS: Tangible personal property, previously owned, used, rented, or
leased by a person other than the dealer offering it for sale, including:
1. electronic audio or video equipment;
2. firearms;
3. power tools;
4. computers or computer-related equipment;
5. jewelry; coins, and precious metals;
Ordinance No. ____
Page 5
POWER TOOLS: Any device, either portable or stationary, equipped with an engine motor,
battery or other means of operation, including machine, carpentry and industrial tools or
surveying equipment, but excluding unpowered hand tools.
UNIQUE IDENTIFIER: A serial number, identification number, model number, owner applied
identifier or engraving, "Operation ID" number or symbol, or other unique marking.
3-24-3: LICENSE REQUIRED:
(A) No person shall exercise, carry on or be engaged in the trade or business of pawnbroker,
second hands goods dealer, precious metal dealer or other reseller of secondhand goods, as
defined this Chapter, on a permanent, occasional or temporary basis, within the City unless
such person is currently licensed under this Chapter. Any pawn, secondhand goods or
precious metal transaction involving secondhand goods or items regulated by this
ordinance made without benefit of a valid a license shall be a misdemeanor and is void.
(B) An antique dealer, auction house dealer, consignment house dealer, flea market or other
group of businesses operating collectively at a single site may apply for a single license.
(C) Persons who are residents, tax exempt, non-profit public charitable organizations, tax
exempt political organizations or tax exempt, non-profit civic organizations may conduct
the occasional sale of secondhand goods at events commonly known as "garage sales,"
"yard sales," "moving sales," "fundraiser sales," or "estate sales" without registering with
the City under this ordinance where all of the following are present:
1. The sale is held on real property located within the City that is occupied as a dwelling
by one of the sellers or owned, rented or leased by the charitable, political, or civic
organization;
2. The persons conducting the sale own the items offered for sale and receive all the
proceeds therefrom;
3. The sales event does not exceed a period of seventy-two (72) consecutive hours with no
more than four (4) sales events being held within a twelve (12) month period;
4. The sales event does not include the sale of firearms.
(D) Businesses conducting transactions as part of a direct marketing business, where purchases
are made outside the City and resold to persons or organizations outside the City will not
be subject to this ordinance.
3-24-4: LICENSE APPLICATION CONTENT:
Every application for a license under this Chapter shall be made on a form supplied by the City.
3-24-5: APPLICATION VERIFICATION:
Applications for licenses shall be referred to the Police Department for verification and
Ordinance No. ____
Page 6
investigation of the facts set forth in the application. The Police Department shall make a written
report and recommendation to the City Council as to issuance or non-issuance of the license.
The City Council may order and conduct such additional investigation as it deems necessary. If
additional investigation is necessary, the applicant shall pay the City the cost for the additional
investigation. The license shall not be issued until any additional investigation costs are paid.
3-24-6: APPLICATION CONSIDERATION:
(A) Hearing: The City Council shall conduct a public hearing on the license application within
a reasonable period following receipt of the Police Department's report and
recommendation regarding the application. After the hearing or hearings on the
application, the City Council may, in its discretion, grant or deny the application.
(B) Denial: Any license under this Chapter may be denied for one or more of the following
reasons:
1. The proposed use does not comply with the Burnsville Zoning Code;
2. The premises do not comply with any health, building, building maintenance, or other
provisions of this Code or State law;
3. The applicant or the owner of the premises is ineligible for a license or has failed to
comply with one or more provisions of this Chapter;
4. The applicant has committed fraud or bribery, or made misrepresentations or false
statements, in the application, investigation, or operation of the applicant’s business.
(C) Certificate of Occupancy Required: If an application is granted for a location where a
building is under construction or not ready for occupancy, the license shall not be delivered
to the licensee until a certificate of occupancy has been issued for the licensed premises.
(D) Delinquent Taxes, Assessments, and Utility Bills: No license shall be approved if any
taxes, utility bills, assessments or other city charges are delinquent. At no additional cost,
applicant shall have the right to appeal a denial of a license to the City Council, based upon
this subsection (D).
3-24-7: RENEWAL APPLICATION:
All licenses issued under this Chapter shall expire at the end of the year in which they are filed or
approved.
3-24-8: FEES:
The City Council by ordinance may establish fees for licensure under this Chapter, including an
Application Fee, License Fee, and Investigation Fee. Licensees shall be notified in writing thirty
(30) days before any fee adjustment is implemented. All new applications must be accompanied
Ordinance No. ____
Page 7
by payment in full of the annual license fee as well as the Application and Investigation Fees.
All Renewal License applications must be accompanied by payment in full of renewal
application fee. Each license shall remain in full force and effect until surrendered, suspended,
revoked, or expired. A license may be revoked for failure to comply with any provision in this
code. A separate license is required for each place of business. No expiration, revocation,
suspension, or surrender of any license shall impair or affect the obligation of any preexisting
lawful contract between the licensee and any pledgor.
3-24-9: GENERAL REGULATIONS FOR LICENSEES:
(A) Records Required: For all transactions involving secondhand goods as defined by this
Chapter, by licensee businesses, the licensee shall record, at the time of a receipt sale or
redemption of an item, using the English language, using ink or in an indelible medium, on
forms or in a computerized record in a format compatible with ARS, approved by the chief
of police, the following information:
1. Description of Property: A complete and accurate description of the item of property
including, but not limited to, any trademark, identification number, serial number,
model number, brand name or other identifying mark on such item;
2. Date, Time, and Place: The date, time, and place the item of property was received by
the pawnbroker or dealer;
3. Amount Paid: The purchase price, amount of money loaned upon, or pledged therefore;
4. Description of Customer: The full name, residence address, residence telephone
number, date of birth and reasonably accurate description of the person from whom the
item or property was received, including: sex, height, weight, race, color of eyes, and
color of hair;
5. Identification: The identification number from one of the following forms of
identification of the person from whom the item was received:
a. A current valid Minnesota driver's license;
b. A current valid Minnesota identification card;
c. A current valid photo driver's license or identification card issued by the state of
residency of the person from whom the item was received or province of Canada;
6. Signature: The signature of the person pledging or selling the item;
7. Fees and Charges: The maturity date of the transaction and the amount due,
including monthly and annual interest rates and all pawn fees and charges.
(B) Color Photographs or Color Video Standards by Licensees:
Ordinance No. ____
Page 8
1. A licensee must also take a color photograph or a color video recording of the same
quality as a color photograph, of:
a. Each customer involved in a reportable transaction;
b. Every item pawned or sold that does not have a unique serial or identification
number permanently engraved or affixed;
2. If a photograph is taken, either digital or film type, it must be at least two inches (2") in
length by two inches (2") in width and must be maintained in such a manner that the
photograph can be readily matched and correlated with all other records of the
transaction to which they relate. Such photographs must be available to the chief of
police, or the chief's designee, upon request. The major portion of the photograph must
include an identifiable facial closeup of the person who pawned or sold the item. Items
photographed must be accurately depicted. The licensee must inform the person that he
or she is being photographed by displaying a sign of sufficient size in a conspicuous
place in the premises;
3. If a video photograph is taken, the video camera must zoom in on the person pawning
or selling the item so as to include an identifiable closeup of that person's face. Items
photographed by video must be accurately depicted. Video photographs must be
electronically referenced by time and date so they can be readily matched and
correlated with all other records of the transaction to which they relate. The licensee
must inform the customer of the video taping by displaying a sign of sufficient size in a
conspicuous place on the premises. The licensee must keep the exposed videotape for
three (3) months;
4. Digitized Photographs: Effective sixty (60) days from the date of notification by the
chief of police, or the chief's designee, a licensee may fulfill the color photograph
requirements in this section by submitting them as digital images, in a format specified
by the issuing authority, electronically cross-referenced to the reportable transaction
they are associated with. Notwithstanding the digital images may be captured from
required video recordings, this provision does not altar or amend the requirements in
this section.
(C) Reports to Police:
1. Posted Notice: A licensee must display a sign of sufficient size, and in a conspicuous
place in the premises, so as to inform all patrons that all transactions are recorded and
reported to the police department daily. Licensees must also post their license in a
conspicuous location.
2. Suspicious Property. A licensee business must immediately report to the City Police
Department any article sold or received or sought to be sold or received, if the licensee
has reason to believe that the article was stolen or lost. No licensee shall receive or
Ordinance No. ____
Page 9
accept any item of property that contains an altered, obliterated, or obviously removed
serial number or unique identifier.
3. Method: Licensees must provide to the police department the information required in
subsections (A)1 through (A)7 of this section, in writing, on forms approved by five
o’clock pm the next business day (Monday through Friday) following the date of the
transaction.
Effective ninety (90) days after the chief of police or chief's designee provides licensees
with computerized record standards, or ARS data input standards, dealers that require
licenses under this ordinance must submit every reportable transaction to the police
department daily in the following manner:
a. Provide to the police department the information required in subsections (A)1
through (A)7 of this section, by transferring it from their computer to the police
department or ARS via modem, internet, or other electronic means acceptable to the
police department. The police department shall inform the licensee of how the data
will be provided.
4.
Records Retained: The required records in this section shall be retained by the licensee for
at least four (4) years.
(D) Holding Period: Any recordable or reportable item purchased by a licensee business must
not be sold or otherwise transferred for fourteen (14) days from the date of the transaction.
For items pawned, an individual may redeem an item seventy two (72) hours after the item
was received on deposit, excluding Sundays and legal holidays.
(E) Police Order to Hold Property:
1. Investigative Hold: Whenever a law enforcement official from any agency notifies a
licensee not to sell an item, the item must not be sold or removed from the premises.
The investigative hold shall be confirmed in writing by the originating agency within
seventy two (72) hours and will remain in effect for fifteen (15) days from the date of
initial notification, or until the investigative order is canceled, or until an order to
hold/confiscate is issued pursuant to subsection (E)2 of this section, whichever comes
first.
2. Order to Hold: Whenever the chief of police, or the chief's designee, notifies a licensee
not to sell an item, the item must not be sold or removed from the licensed premises
until authorized to be released by the chief of police or the chief's designee. The order
to hold shall expire ninety (90) days from the date it is placed unless the chief of police
or the chief's designee determines the hold is still necessary and notifies the licensee in
writing.
3. Order to Confiscate: If an item is identified as stolen or evidence in a criminal case, the
chief of police or chief's designee may:
Ordinance No. ____
Page 10
a. Physically confiscate and remove it from the shop, pursuant to a written order from
the chief of police or the chief's designee, or
b. Place the item on hold or extend the hold as provided in subsection (E) 2 of this
section, and leave it in the shop.
When an item is confiscated, the person doing so shall provide identification upon
request of the licensee, and shall provide the licensee the name and phone number of
the police department and police officer, and the case number related to the
confiscation. In the case of a confiscation, the chief of police or the chief’s designee
shall promptly return items to the Licensee.
When an order to hold or confiscate is no longer necessary, the chief of police, or the
chief's designee shall so notify the licensee upon conclusion of the investigation or
case.
(F)
Label Required: Licensees must attach a label to every item at the time it is pawned,
purchased, or received in inventory from any reportable transaction. Permanently recorded
on this label must be the number or name that identifies the transaction in the shop's
records, the transaction date, the name of the item and the description or the model and
serial number of the item as reported to the police department, whichever is applicable, and
the date the item is out of pawn or can be sold, if applicable. Labels shall not be reused.
As an alternative to using a label with the required information, a label with a bar code
containing the information may be used.
(G) Prohibited Acts:
1. No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or
sell goods with any licensee, nor may any licensee business receive any goods from a
person under the age of sixteen (18) years.
2. No licensee business may receive any goods from a person of unsound mind or an
intoxicated person.
3. No licensee may receive any recordable or reportable goods, unless the seller presents
identification in the form of a valid driver's license, a valid state of Minnesota
identification card, or current valid photo driver's license or identification card issued
by the state of residency of the person from whom the item was received.
4. No licensee business may receive any item of property that possesses an altered or
obliterated serial number or "operation identification" number or any item or property
that has had its serial number removed. (Ord. 703, 2-2-1998)
5. No person may pawn, pledge, sell, consign, leave, or deposit any article of property not
their own, nor shall any person pawn, pledge, sell, consign, leave, or deposit the
property of another, whether with permission or without, nor shall any person pawn,
Ordinance No. ____
Page 11
pledge, sell, consign, leave, or deposit any article of property in which another has a
security interest, with any licensee.
6. No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of
property with any licensee business shall give a false or fictitious name, nor give a false
date of birth, nor give a false or out of date address of residence or telephone number,
nor present a false or altered identification, or the identification of another, to any
licensee.
(H) Inspection Of Items and Premises: The pawnbroker or dealer shall, at all times during the
term of the license period allow the police department and other law enforcement
authorities associated with the police department to enter the premises where the business
is located during normal business hours except in the case of an emergency, for the purpose
of inspecting such premises and inspecting the items, ware and merchandise and records
therein for the purpose verifying compliance with this chapter and other applicable laws or
of locating items suspected or alleged to have been stolen or otherwise improperly disposed
of.
(I)
Prohibited Goods: No licensee under this Chapter shall accept any item of property which
contains an altered or obliterated serial number or "operation identification" number of any
item of property whose serial number has been removed.
(J)
Proper Identification: No licensee or dealer under this Chapter shall accept recordable or
reportable items of property unless the seller or pledgor provides to the licensee or dealer
one of the following forms of identification:
1. A current valid driver's license;
2. A Minnesota identification card; or
3. A photo identification issued by the state of residency of the person from whom the
item was received;
4. Military identification; or
5. Passports.
No other forms of identification shall be accepted.
3-24-10: BUSINESS LOCATION:
A license under this Chapter authorizes the licensee to carry on its business only at the
permanent place of business designated in the license. However, upon written request, the chief
of police or the chief's designee may approve an off-site locked and secured storage facility. The
licensee shall permit inspection of the facility in accordance with subsection 3-24-12(J) of this
Chapter. All provisions of this Chapter regarding recordkeeping and reporting apply to the
Ordinance No. ____
Page 12
facility and its contents. Property shall be stored in compliance with all provisions of this Code.
The licensee must either own the building in which the business is conducted, and any approved
off-site storage facility, or have a lease on the business premises which extends for more than six
(6) months.
3-24-11: RESTRICTIONS REGARDING LICENSE TRANSFER:
Each license under this Chapter shall be issued to the applicant only and shall not be transferable
to any other person. No licensee shall loan, sell, give, or assign a license to another person. Any
change, directly or beneficially, in the ownership of any licensed business shall require the
application for a new license and the new owner must satisfy all current eligibility requirements.
If a licensee places a manager in charge of a business, or if the named manager(s) in charge of a
licensed business changes, the licensee must complete and submit the appropriate application
within fourteen (14) days.
3-24-12: SUSPENSION OR REVOCATION OF LICENSE:
(A) The City Council may suspend or revoke a license issued under this Chapter upon a finding
of a violation of:
1. Any of the provisions of this Chapter;
2. Any State statute regulating the licensee; or
3. Any State or local law relating to moral character and repute.
(B) A revocation or suspension by the City Council shall be preceded by written notice to the
licensee and a public hearing.
3-24-13: BEST PRACTICES:
The City will conduct educational classes upon passage of this revision and annually
thereafter. Classes will cover topics to include: the purpose of this ordinance, automated
reporting system (ARS) compliance, procedural compliance and crime prevention for retail
businesses. Completion of this training will qualify a pawnbroker, second hands goods
dealer, precious metal dealer or other reseller of secondhand goods as a Best Practices
business.
SECTION 2. This ordinance shall be effective July 1, 2010, for existing licensees and
January 1, 2011, for newly affected licensees.
Ordinance No. ____
Page 13
ADOPTED this _____ day of ___________, 2010, by the City Council of the City of
Burnsville, Minnesota.
CITY OF BURNSVILLE
BY:_______________________________
ATTEST:
__________________________________
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date
Item number
__X_ Clarification/Revision of Past Policy
06/08/2010
9
_____ Previous Council Action ______ Council Theme______ Housekeeping
PRESENTER
Tom Hansen, Deputy City Manager
ITEM
Consider an amendment to Policy No. 4.020 regarding 2010 Pawn Shop/Reseller Fee Schedule
Approve amendment to Policy No. 4.020 revising the 2010 Pawn Shop/Reseller Fee Schedule effective July 1,
2010.
FACTS
Council directed staff to prepare revisions to the fees being charged to pawnbroker/property reselling businesses.
Licenses are currently issued for a one year period running from July 1st through June 30th. Based on Council
direction, the following fee schedule is proposed to be adopted for the remainder of 2010 (eff. July 1):
Annual License Fee
Application Fee
Investigation Fee
(including change in owner/manager)
Transaction Fee
$100
0
$500 (or actual cost not to exceed $2000)
0
The investigation fee is non-recurring. It is charged once per individual. The proposed investigation fee is based
on a recommendation from the Economic Development Commission.
ISSUES
The City will lose revenue with the proposed reductions in fees. $20,000 in lost licensing fees will eventually be
offset somewhat by the $100 annual licensing fees charged to a small number of newly affected businesses.
Assuming 30,000 annual transactions by the City’s current reseller licensee, approximately $75,000 will not be
collected based on the elimination of the $2.50 transaction fee ($30,000 of this amount was “passed through” to
pay for the automated reporting system). This budgetary impact of these changes will be reduced somewhat based
on a smaller number of regulated transactions, reduced reporting system fees, and the fact that a smaller revenue
figure for these fees was included in the 2010 budget in anticipation of Council action on this ordinance.
ATTACHMENT:
Policy No. 4.020 – Licensing & Police Fees and Charges Schedule
TWH/
CITY OF BURNSVILLE
POLICE FEES AND CHARGES
Policy No. 4.020
ITEM - ACTIVITY
SERVICE FEES
Copy of driving record / registration
Clearance letter
Fingerprinting
Report copy (Accident or Other)
Records requested by subpoena
Computerized record search
Registration fee peddlers, solicitors, transient merchants
News releases:
Arrest & citation reports for commercial purposes
Accident reports for commercial purposes
Audio Tapes/CDs
VHS Tapes/DVD's
Accident photos
Photo IDs
Dangerous dog registration
ANIMAL CONTROL FEES**
Cat/Dog license - Two-Year (Spay/Neutered)
(City retained portion for each two-year license sold)
Cat/Dog license - Two-Year (Non-Spay/Non-Neutered)
(City retained portion for each two-year license sold)
Duplicate for lost tag
Unlicensed Penalty Fee (Plus License Fee Above)
Change of owner transfer fee
ANIMAL RECLAMATION / IMPOUND FEES**
Board per day
First pick-up within 12 month period
Second pick-up within 12 month period
Third pick-up within 12 month period
Confinement of rabid animal
KENNEL LICENSE FEES - Per Calendar Year**
Commercial
Residential
2010
$6.00
$30.00
$30.00
$0.25 per page
$0.25 per page
$0.25 per page -or- actual costs of
searching and retrieving the data
based on clerical salary
$50.00
$0.25 per page
$0.50 per accident
$25.00
$35.00
$20.00
$10.00
$25.00
$20.00
($6.00)
$30.00
($6.00)
$5.00
$25.00
$2.00
$15.00
$25.00
$50.00
$100.00 plus Citation
$400.00
$200.00
$50.00
RANGE RENTAL
Minimum 4 hours
Each additional hour (up to 10 hours)
Disposal Fee: Hourly Rate for less than 500 rounds
Disposal Fee: Hourly Rate for over 500 rounds
Computer Operator Course
Instructor: Hourly Rate
$200.00
$50.00
$5.00
$10.00
$360.00
$67.00/Hour
CONTRACTED OVERTIME
$67.00/Hour
PAWNBROKER/RESELLER FEES
License
Application Fee
Change in operating manager/officer
Investigation Fee / Change in operating manager/officer
Pawnbroker investigation transaction fee***
(City retained portion for each transaction)***
FALSE POLICE ALARMS
First 3 Alarms
4th & Successive Alarm
LOCK BOX ‐ Sale to Apartment Complexes $10,000.00 $100.00
$100.00
$250.00
$3,000.00 $500.00 or
actual cost not to exceed $2,000
$2.50 - pending
($1.50) - pending
No Charge
$130.00
$55.50
**Fees collected and retained by animal control contractor except for portion of each 2-year license sold.
***Fee paid to the City of Minneapolis to record and track pawn transactions except for portion retained
by the City of Burnsville.
CITY OF BURNSVILLE
LICENSING FEES AND CHARGES
Policy No. 4.020
ITEM - ACTIVITY
TOBACCO LICENSE
Best Practices Member
Non Member
LIQUOR, BEER AND WINE
On-sale liquor:
License
Investigation fee
Investigation renewal
Sunday on-sale
Off-sale:
License
Investigation fee
Club Fee:
License
Investigation fee
Wine:
License
Investigation fee
3.2 on-sale:
License
Investigation fee
3.2 off-sale:
License
2010
$350.00
$700.00
$7,300.00
$1,500.00+
$250.00/individual
$50.00
$250.00
$200.00
$380.00 ($280.00)*
$1,500.00+
$250.00/individual
$50.00
$250.00
$300.00 - $650.00
$250.00
$250.00
$1,300.00
$500.00
$50.00
$250.00
$450.00
$500.00
$250.00
$100.00
Investigation fee
$500.00
$50.00
Temporary Malt, Wine, On-sale and Community Festival
RENTAL LICENSE - FEE FOR NON-COMPLIANCE ONLY
Per Building
For Multiple Unit Buildings - Add Additional Per Unit
THERAPEUTIC MASSAGE
License
Investigation Fee
ADULT BUSINESS FEE
License
Investigation Fee
Charge in manager/officer
GAMBLING FEES
Gambling Occasion
Gambling Premises Permit Fee
$100.00 per day
$50.00
$4.00
$100.00
$100.00
$5,000.00
$1,500.00
$250.00
$100.00
$250.00
*$100 reduction for participants agreeing to participate with Best Practices conditions as set forth by State Statute
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
06/08/2010
10
__X__ Required by Law _____ Previous Council Action ______ Council Theme ___ Housekeeping
PRESENTER
Rusty Fifield, Senior Vice President, Northland Securities, Inc., (City of Burnsville Financial Advisor)
ITEM
Consider Award of the Series 2010D and 2010E Bonds
Adopt Resolutions Awarding the Sale of Series 2010D and 2010E Bonds.
FACTS
On May 4, 2010 the City Council called for the sale of Bonds. The Bonds are as follows:
•
•
G.O. Improvement Bonds, Series 2010 D - $6,340,000 (to finance the City’s street projects)
G.O. Improvement Refunding Bonds, Series 2010 E - $2,035,000 (to refund the principal of the City’s G.O.
Improvement Bonds, series 2002B and G.O. Utility Revenue Bonds, series 2002C)
The Resolutions for Council consideration are attached. Proposals for the Bonds will be received on Tuesday,
June 8, 2010 until 10:00AM. The Resolutions as attached include blanks where information will not be
available until after proposals are received on June 8. The Improvement Bonds have been offered for sale as
either tax-exempt, bank qualified bonds or taxable “Build America Bonds” (BABs) and therefore there are two
different resolution options attached for the Improvement Bonds.
ATTACHMENTS
Resolutions (3) Awarding the Sale Bonds Series 2010D and 2010E; fixing their form and specifications;
directing their execution and delivery; and providing for their payment
KS
Extract of Minutes of Meeting
of the City Council of the City of
Burnsville, Dakota County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Burnsville, Minnesota, was duly held in the City Hall in said City on Tuesday, June 8, 2010,
commencing at 6:30 P.M.
The following members were present:
and the following were absent:
***
***
***
The Mayor announced that the next order of business was consideration of the proposals
which had been received for the purchase of the City's approximately $6,340,000 General
Obligation Improvement Bonds, Series 2010D.
The City Manager presented a tabulation of the proposals that had been received in the
manner specified in the Notice of Sale of the Bonds. The proposals were as set forth in
EXHIBIT A attached.
After due consideration of the proposals, Member ____________________ then
introduced the following resolution, and moved its adoption:
In accordance with the official Notice of Sale the following adjustments were made:
Principal Amount:
Maturities:
Minimum Purchase Price:
1
RESOLUTION NO. ______
A RESOLUTION AWARDING THE SALE OF $_______________
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010D
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Burnsville, Dakota County,
Minnesota (the “City”) as follows:
Section 1.
Sale of Bonds.
1.01. Award to the Purchaser and Interest Rates.
The proposal of
________________________________________
(the
“Purchaser”)
to
purchase
$________________ General Obligation Improvement Bonds, Series 2010D (the “Bonds”) of
the City described in the Notice of Sale thereof is hereby found and determined to be a
reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of
$____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows:
Year of
Maturity
Interest
Rate
Year of
Maturity
2010
2011
2012
2013
2014
2015
2016
2017
Interest
Rate
2018
2019
2020
2021
2022
2023
2024
Net interest cost: _________%
1.02. Purchase Contract. The sum of $___________ being the amount proposed by the
Purchaser in excess of $__________ shall be credited to the Debt Service Fund hereinafter
created, or deposited in the Construction Fund under Section 4.01 hereof, as determined by the
City’s financial advisor. The City Chief Financial Officer is directed to retain the good faith
check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith
checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a
contract with the Purchaser on behalf of the City.
1.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell
the Bonds pursuant to Minnesota Statutes, Chapter 429 (the “Act”) in the total principal amount
2
of $_____________, originally dated July 1, 2010, in the denomination of $5,000 each or any
integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and
maturing serially on December 20 in the years and amounts as follows:
Year
Amount
Year
2010
2011
2012
2013
2014
2015
2016
2017
Amount
2018
2019
2020
2021
2022
2023
2024
1.04. Optional Redemption. The City may elect on December 20, 2019, and on any day
thereafter to prepay Bonds due on or after December 20, 2020. Redemption may be in whole or
in part and if in part, at the option of the City and in such manner as the City will determine. If
less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined
in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine
by lot the amount of each participant's interest in such maturity to be redeemed and each
participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
1.05. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.
Section 2.
Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds is payable on June 20 and December 20 of each year, commencing December 20,
2010, to the registered owners of record thereof as of the close of business on the fifteenth day
prior to the interest payment date (each June 5th and December 5th), whether or not that day is a
business day.
3
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto are as follows:
(a)
Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b)
Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until that
interest payment date.
(c)
Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d)
Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e)
Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f)
Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and for all other purposes and
payments so made to registered owner or upon the owner's order will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
(g)
Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar
4
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
(h)
Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered
to the Registrar will be cancelled by the Registrar and evidence of such cancellation must
be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured
or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i)
Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) to the
registered owner of each Bond to be redeemed at the address shown on the registration
books kept by the Registrar and by publishing the notice if required by law. Failure to
give notice by publication or by mail to any registered owner, or any defect therein, will
not affect the validity of the proceedings for the redemption of Bonds. Bonds so called
for redemption will cease to bear interest after the specified redemption date, provided
that the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Wells Fargo Bank, National
Association, Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon
merger or consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor
Registrar and must deliver the bond register to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the City Chief Financial
Officer must transmit to the Registrar monies sufficient for the payment of all principal and
interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor
and the City Manager, provided that those signatures may be printed, engraved or lithographed
5
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature
appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or
facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or
obligatory for any purpose or entitled to any security or benefit under this Resolution unless and
until a certificate of authentication on the Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on a
Bond is conclusive evidence that it has been authenticated and delivered under this Resolution.
When the Bonds have been so prepared, executed and authenticated, the City Manager will
deliver the same to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3.
Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially
the following form:
No. R-_____
$________
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF BURNSVILLE
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2010D
Rate
Maturity
Date of
Original Issue
December 20, 20__
July 1, 2010
CUSIP
Registered Owner: Cede & Co.
The City of Burnsville, Minnesota, a duly organized and existing municipal corporation
in Dakota County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns,
the principal sum of $__________ on the maturity date specified above, with interest thereon
6
from the date hereof at the annual rate specified above, payable June 20 and December 20 in
each year, commencing December 20, 2010, to the person in whose name this Bond is registered
at the close of business on the fifteenth day prior to the interest payment date (each June 5th and
December 5th), whether or not that day is a business day. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are payable in lawful money of the United
States of America by check or draft by Wells Fargo Bank, National Association, Minneapolis,
Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its
designated successor under the Resolution described herein. For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on December 20, 2019, and on any day thereafter to prepay Bonds
due on or after December 20, 2020. Redemption may be in whole or in part and if in part, at the
option of the City and in such manner as the City will determine. If less than all Bonds of a
maturity are called for redemption, the City will notify Depository Trust Company (“DTC”) of
the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of
each participant's interest in such maturity to be redeemed and each participant will then select
by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at
a price of par plus accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for
financial institutions and within the $30 million limit allowed by the Code for the calendar year
of issue.
This Bond is one of an issue in the aggregate principal amount of $____________ all of
like original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on June 8, 2010 (the
“Resolution”), for the purpose of providing money to defray the expenses incurred and to be
incurred in making local improvements, pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal
hereof and interest hereon are payable from special assessments against property specially
benefited by local improvements and from ad valorem taxes for the City's share of the cost of the
improvements, as set forth in the Resolution to which reference is made for a full statement of
rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged
for payment of this Bond and the City Council has obligated itself to levy additional ad valorem
taxes on all taxable property in the City in the event of any deficiency in special assessments and
taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The
Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any
integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
7
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota, to be
done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in
order to make it a valid and binding general obligation of the City in accordance with its terms,
have been done, do exist, have happened and have been performed as so required, and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or
statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Bond Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Burnsville, Dakota County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures
of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Dated:
(Facsimile)
(Facsimile)
City Manager
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
8
WELLS FARGO BANK
National Association
By
Authorized Representative
_________________________________
The following abbreviations, when used in the inscription on the face of this Bond, will
be constructed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants
in common
UNIF GIFT MIN ACT _________ Custodian _________
(Cust)
(Minor)
TEN ENT -- as tenants
by entireties
JT TEN --
under Uniform Gifts or
Transfers to Minors
as joint tenants with
right of survivorship and
not as tenants in common
Act . . . . . . . . . . . .
(State)
Additional abbreviations may also be used though not in the above list.
________________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to
transfer the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
9
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion
Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP")
or other such "signature guarantee program" as may be determined by the Registrar in addition
to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange
Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the
proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota,
which is to be complete except as to dating thereof and to cause the opinion to be printed on or
accompany each Bond.
10
Section 4.
Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. (a) The Bonds are payable from the Improvement Bonds,
Series 2020D Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of
general taxes hereinafter levied (the “Taxes”), and special assessments (the “Assessments”)
levied or to be levied for the improvements described in the resolution authorizing the sale of the
Bonds (the “Improvements”) are hereby pledged to the Debt Service Fund. If a payment of
principal or interest on the Bonds becomes due when there is not sufficient money in the Debt
Service Fund to pay the same, the City Chief Financial Officer is directed to pay such principal
or interest from the general fund of the City, and the general fund will be reimbursed for those
advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to
the Debt Service Fund (i) any amount over the minimum purchase price paid by the Purchaser, to
the extent designated for deposit in the Debt Service Fund in accordance with Section 1.02 and
(ii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds.
(b)
Construction Fund. The proceeds of the Bonds, less the appropriations made in
paragraph (a), together with any other funds appropriated for the Improvements and Assessments
and Taxes collected during the construction of the Improvements will be deposited in a separate
construction fund (which may contain separate accounts for each Improvement) (the
“Construction Fund”) to be used solely to defray expenses of the Improvements and the payment
of principal and interest on the Bonds prior to the completion and payment of all costs of the
Improvement. Any balance remaining in the construction fund after completion of the
Improvements may be used to pay the cost in whole or in part of any other improvement
instituted under the Act. When the Improvements are completed and the cost thereof paid, the
Construction Fund is to be closed and subsequent collections of Assessments and Taxes for the
Improvements are to be deposited in the Debt Service Fund.
4.02. City Covenants. It is hereby determined that the Improvements will directly and
indirectly benefit abutting property, and the City hereby covenants with the holders from time to
time of the Bonds as follows:
(a)
The City has caused or will cause the Assessments for the Improvements
to be promptly levied so that the first installment will be collectible not later than 2010
and will take all steps necessary to assure prompt collection, and the levy of the
Assessments is hereby authorized. The City Council will cause to be taken with due
diligence all further actions that are required for the construction of each Improvement
financed wholly or partly from the proceeds of the Bonds, and will take all further actions
necessary for the final and valid levy of the Assessments and the appropriation of any
other funds needed to pay the Bonds and interest thereon when due.
(b)
In the event of any current or anticipated deficiency in Assessments and
Taxes, the City Council will levy additional ad valorem taxes in the amount of the current
or anticipated deficiency.
11
(c)
The City will keep complete and accurate books and records showing:
receipts and disbursements in connection with the Improvements, Assessments and Taxes
levied therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, monies on hand and, the balance of unpaid Assessments.
(d)
The City will cause its books and records to be audited at least annually
and will furnish copies of such audit reports to any interested person upon request.
4.03. Pledge of Tax Levy. It is determined that at least 20% of the cost of the
Improvements will be specially assessed against benefited properties. For the purpose of paying
the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem
tax (the “Taxes”) upon all of the taxable property in the City, which will be spread upon the tax
rolls and collected with and as part of other general taxes of the City. The taxes will be credited
to the Debt Service Fund above provided and will be in the years and amounts as follows (year
stated being year of collection:
Year
Levy
(See EXHIBIT B)
4.04. Certification to County Auditor/Treasurer as to Debt Service Fund Amount. It is
hereby determined that the estimated collections of Assessments and the foregoing Taxes will
produce at least five percent in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the
Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager
may certify to the County Auditor/Treasurer of Dakota County the amount available in the Debt
Service Fund to pay principal and interest due during the ensuing year, and the County
Auditor/Treasurer will thereupon reduce the levy collectible during such year by the amount so
certified.
4.05. County Auditor/Treasurer Certificate as to Registration. The City Manager is
authorized and directed to file a certified copy of this resolution with the County
Auditor/Treasurer of Dakota County and to obtain the certificate required by Minnesota Statutes,
Section 475.63.
Section 5.
Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of proceedings and records of the City relating to the Bonds and to the financial condition and
affairs of the City, and such other certificates, affidavits and transcripts as may be required to
show the facts within their knowledge or as shown by the books and records in their custody and
under their control, relating to the validity and marketability of the Bonds, and such instruments,
including any heretofore furnished, may be deemed representations of the City as to the facts
stated therein.
12
5.02. Certification as to Official Statement. The Mayor, City Manager and Chief
Financial Officer are authorized and directed to certify that they have examined the Official
Statement prepared and circulated in connection with the issuance and sale of the Bonds and that
to the best of their knowledge and belief the Official Statement is a complete and accurate
representation of the facts and representations made therein as of the date of the Official
Statement.
5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts
payable to Kennedy & Graven, Chartered as Bond Counsel) to Northland Trust Services, Inc. on
the closing date for further distribution as directed by the City’s financial adviser, Northland
Securities, Inc.
Section 6.
Tax Covenant.
6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to taxation
under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury
Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or
cause its officers, employees or agents to take, all affirmative action within its power that may be
necessary to ensure that such interest will not become subject to taxation under the Code and
applicable Treasury Regulations, as presently existing or as hereafter amended and made
applicable to the Bonds.
6.02. Rebate. The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds under
Section 103 of the Code, including without limitation requirements relating to temporary periods
for investments, limitations on amounts invested at a yield greater than the yield on the Bonds,
and the rebate of excess investment earnings to the United States.
6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of
the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the
Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of
the Code.
6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified
tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the
following factual statements and representations:
(a)
the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
13
(b)
the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(c)
the reasonably anticipated amount of tax-exempt obligations (other than
any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by
the City (and all subordinate entities of the City) during calendar year 2010 will not
exceed $30,000,000; and
(d)
not more than $30,000,000 of obligations issued by the City during
calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
Section 7.
Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single
typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03
hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration
books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository
Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as
provided in this section, all of the outstanding Bonds will be registered in the registration books
kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC.
7.02. Participants. With respect to Bonds registered in the registration books kept by
the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar
and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and
other financial institutions from time to time for which DTC holds Bonds as securities depository
(the “Participants”) or to any other person on behalf of which a Participant holds an interest in
the Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of
any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any Participant or any other person, other than a registered owner of Bonds, of any amount with
respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar
and the Paying Agent may treat and consider the person in whose name each Bond is registered
in the registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bonds, and for all other purposes.
The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or
on the order of the respective registered owners, as shown in the registration books kept by the
Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge
14
the City's obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of
Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of
a written notice to the effect that DTC has determined to substitute a new nominee in place of
Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt
of such a notice, the City Manager will promptly deliver a copy of the same to the Bond
Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the
Bonds will agree to take all action necessary for all representations of the City in the
Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be
complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owners in accordance with the provisions of this Resolution. DTC may
determine to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and discharging its responsibilities with respect thereto under applicable law.
In such event, if no successor securities depository is appointed, the City will issue and the Bond
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions
hereof will apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8.
Continuing Disclosure.
8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covenants and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate is not to be considered
an event of default with respect to the Bonds; however, any Bondholder may take such actions as
may be necessary and appropriate, including seeking mandate or specific performance by court
order, to cause the City to comply with its obligations under this section.
15
“Continuing Disclosure
8.02. Execution of Continuing Disclosure Certificate.
Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and
City Manager and dated the date of issuance and delivery of the Bonds, as originally executed
and as it may be amended from time to time in accordance with the terms thereof.
Section 9.
Defeasance.
9.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest
thereon, have been discharged as provided in this section, all pledges, covenants and other rights
granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full
faith and credit of the City for the prompt and full payment of the principal of and interest on the
Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any
date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof
in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing
with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of
such deposit.
16
Passed and adopted this 8th day of June, 2010.
____________________________________
Mayor
Attest:
____________________________________
Deputy City Clerk
17
The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
18
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF BURNSVILLE
)
)
) SS.
)
)
I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of
Burnsville, Dakota County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City
held on Tuesday, June 8, 2010 with the original minutes on file in my office and the extract is a
full, true and correct copy of the minutes insofar as they relate to the issuance and sale of
$_________________ General Obligation Improvement Bonds, Series 2010D of the City.
WITNESS My hand officially as such Deputy City Clerk and the corporate seal of the
City this ______ day of _______________, 2010.
Deputy City Clerk
Burnsville, Minnesota
(SEAL)
STATE OF MINNESOTA
COUNTY OF DAKOTA
COUNTY AUDITOR/TREASURER'S
CERTIFICATE AS TO
TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor/Treasurer of Dakota County, Minnesota, hereby
certify that a certified copy of a resolution adopted by the governing body of the City of
Burnsville, Minnesota, on June 8, 2010, levying taxes for the payment of $____________
General Obligation Improvement Bonds, Series 2010D, of said municipality dated July 1, 2010,
has been filed in my office and said bonds have been entered on the register of obligations in my
office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _____ day of _________________, 2010.
County Auditor/Treasurer
Dakota County, Minnesota
(SEAL)
Deputy
EXHIBIT A
PROPOSALS
A-1
EXHIBIT B
TAX LEVY SCHEDULE
YEAR *
TAX LEVY
$
* Year tax levy collected.
B-1
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Burnsville, Minnesota, was duly held in the City Hall in said City on Tuesday, June 8, 2010,
***
***
***
which had been received for the purchase of the City's approximately $6,340,000 Taxable
General Obligation Improvement Bonds, Series 2010D (Build America Bonds – Direct Pay).
manner specified in the Notice of Sale of the Bonds. The proposals were as set forth in
EXHIBIT A attached.
After due consideration of the proposals, Member ____________________ then
introduced the following resolution, and moved its adoption:
Principal Amount:
Maturities:
1
A RESOLUTION AWARDING THE SALE OF $_______________
TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010D
(BUILD AMERICA BONDS – DIRECT PAY)
AND PROVIDING FOR THEIR PAYMENT
Section 1.
Sale of Bonds.
The proposal of
1.01. Award to the Purchaser and Interest Rates.
________________________________________
(the
“Purchaser”)
to
purchase
$________________ Taxable General Obligation Improvement Bonds, Series 2010D (Build
America Bonds – Direct Pay) (the “Bonds”) of the City described in the Notice of Sale thereof is
hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being
to purchase the Bonds at a price of $____________ plus accrued interest to date of delivery, for
Bonds bearing interest as follows:
Year of
Maturity
Interest
Rate
Year of
Maturity
2010
2011
2012
2013
2014
2015
2016
2017
Interest
Rate
2018
2019
2020
2021
2022
2023
2024
Net interest cost: ________%
1.02. Purchase Contract. The sum of $___________ being the amount proposed by the
Purchaser in excess of $__________ shall be credited to the Debt Service Fund hereinafter
created, or deposited in the Construction Fund under Section 4.01 hereof, as determined by the
City’s financial advisor. The City Chief Financial Officer is directed to retain the good faith
check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith
checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a
contract with the Purchaser on behalf of the City.
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1.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell
the Bonds pursuant to Minnesota Statutes, Chapter 429 (the “Act”) in the total principal amount
of $_____________, originally dated July 1, 2010, in the denomination of $5,000 each or any
integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and
maturing serially on December 20 in the years and amounts as follows:
Year
Amount
Year
2010
2011
2012
2013
2014
2015
2016
2017
Amount
2018
2019
2020
2021
2022
2023
2024
1.04. Optional Redemption. The City may elect on December 20, 2019, and on any day
thereafter to prepay Bonds due on or after December 20, 2020. Redemption may be in whole or
in part and if in part, at the option of the City and in such manner as the City will determine. If
less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined
in Section 6 hereof) of the particular amount of such maturity to be prepaid. DTC will determine
by lot the amount of each participant's interest in such maturity to be redeemed and each
participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
1.06. Irrevocable Election to Issue Build America Bonds. In accordance with the
American Recovery and Reinvestment Act, of 2009, Pub. L. No. 111-5, 123 Stat. 115 (2009), the
City hereby irrevocably elects to have Section 54AA of the Internal Revenue Code of 1986, as
mended, apply to the Bonds, and to issue the Bonds as Build America Bonds (direct pay option).
Section 2.
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
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on the Bonds is payable on June 20 and December 20 of each year, commencing December 20,
2010, to the registered owners of record thereof as of the close of business on the fifteenth day
prior to the interest payment date (each June 5th and December 5th), whether or not that day is a
business day.
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto are as follows:
(a)
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b)
Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until that
interest payment date.
(c)
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d)
Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e)
(f)
Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and for all other purposes and
payments so made to registered owner or upon the owner's order will be valid and
4
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
(g)
owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar
for any tax, fee or other governmental charge required to be paid with respect to the
(h)
Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered
to the Registrar will be cancelled by the Registrar and evidence of such cancellation must
be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured
or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i)
Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) to the
registered owner of each Bond to be redeemed at the address shown on the registration
books kept by the Registrar and by publishing the notice if required by law. Failure to
give notice by publication or by mail to any registered owner, or any defect therein, will
not affect the validity of the proceedings for the redemption of Bonds. Bonds so called
for redemption will cease to bear interest after the specified redemption date, provided
that the funds for the redemption are on deposit with the place of payment at that time.
Association, Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon
merger or consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor
Registrar and must deliver the bond register to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the City Chief Financial
5
Officer must transmit to the Registrar monies sufficient for the payment of all principal and
interest then due.
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor
and the City Manager, provided that those signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature
appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or
facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or
obligatory for any purpose or entitled to any security or benefit under this Resolution unless and
until a certificate of authentication on the Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on a
Bond is conclusive evidence that it has been authenticated and delivered under this Resolution.
When the Bonds have been so prepared, executed and authenticated, the City Manager will
deliver the same to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3.
Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially
the following form:
No. R-_____
$________
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF BURNSVILLE
TAXABLE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2010D
(BUILD AMERICA BONDS – DIRECT PAY)
Rate
Maturity
Date of
Original Issue
December 20, 20__
July 1, 2010
6
CUSIP
The City of Burnsville, Minnesota, a duly organized and existing municipal corporation
in Dakota County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns,
the principal sum of $__________ on the maturity date specified above, with interest thereon
from the date hereof at the annual rate specified above, payable June 20 and December 20 in
each year, commencing December 20, 2010, to the person in whose name this Bond is registered
at the close of business on the fifteenth day prior to the interest payment date (each June 5th and
December 5th), whether or not that day is a business day. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are payable in lawful money of the United
States of America by check or draft by Wells Fargo Bank, National Association, Minneapolis,
Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its
designated successor under the Resolution described herein. For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on December 20, 2019, and on any day thereafter to prepay Bonds
due on or after December 20, 2020. Redemption may be in whole or in part and if in part, at the
option of the City and in such manner as the City will determine. If less than all Bonds of a
maturity are called for redemption, the City will notify Depository Trust Company (“DTC”) of
the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of
each participant's interest in such maturity to be redeemed and each participant will then select
by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at
a price of par plus accrued interest.
This Bond is one of an issue in the aggregate principal amount of $____________ all of
like original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on June 8, 2010 (the
“Resolution”), for the purpose of providing money to defray the expenses incurred and to be
incurred in making local improvements, pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal
hereof and interest hereon are payable from special assessments against property specially
benefited by local improvements and from ad valorem taxes for the City's share of the cost of the
improvements, as set forth in the Resolution to which reference is made for a full statement of
rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged
for payment of this Bond and the City Council has obligated itself to levy additional ad valorem
taxes on all taxable property in the City in the event of any deficiency in special assessments and
taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The
Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any
integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
7
the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will
be affected by any notice to the contrary.
conditions and things required by the Constitution and laws of the State of Minnesota, to be
done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in
order to make it a valid and binding general obligation of the City in accordance with its terms,
have been done, do exist, have happened and have been performed as so required, and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or
statutory limitation of indebtedness.
Bond Registrar by manual signature of one of its authorized representatives.
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures
of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Dated:
(Facsimile)
(Facsimile)
City Manager
Mayor
8
WELLS FARGO BANK
By
Authorized Representative
_________________________________
The following abbreviations, when used in the inscription on the face of this Bond, will
be constructed as though they were written out in full according to applicable laws or
regulations:
in common
(Cust)
(Minor)
by entireties
JT TEN --
Transfers to Minors
Act . . . . . . . . . . . .
(State)
________________________________________
ASSIGNMENT
does hereby irrevocably constitute and appoint _________________________ attorney to
transfer the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name
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Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion
Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP")
or other such "signature guarantee program" as may be determined by the Registrar in addition
to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange
Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
Please insert social security or other
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Registered Owner
Signature of
Cede & Co.
3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the
proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota,
10
which is to be complete except as to dating thereof and to cause the opinion to be printed on or
accompany each Bond.
Section 4.
Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. (a) The Bonds are payable from the Improvement Bonds,
Series 2020D (Build America Bonds – Direct Pay) Debt Service Fund (the “Debt Service Fund”)
hereby created, and the proceeds of general taxes hereinafter levied (the “Taxes”), and special
assessments (the “Assessments”) levied or to be levied for the improvements described in the
resolution authorizing the sale of the Bonds (the “Improvements”) are hereby pledged to the
Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there
is not sufficient money in the Debt Service Fund to pay the same, the City Chief Financial
Officer is directed to pay such principal or interest from the general fund of the City, and the
general fund will be reimbursed for those advances out of the proceeds of Assessments and
Taxes when collected. There is appropriated to the Debt Service Fund (i) any amount over the
minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt
Service Fund in accordance with Section 1.02 and (ii) the accrued interest paid by the Purchaser
upon closing and delivery of the Bonds.
(b)
Construction Fund. The proceeds of the Bonds, less the appropriations made in
paragraph (a), together with any other funds appropriated for the Improvements and Assessments
and Taxes collected during the construction of the Improvements will be deposited in a separate
construction fund (which may contain separate accounts for each Improvement) (the
“Construction Fund”) to be used solely to defray expenses of the Improvements and the payment
of principal and interest on the Bonds prior to the completion and payment of all costs of the
Improvement. Any balance remaining in the construction fund after completion of the
Improvements may be used to pay the cost in whole or in part of any other improvement
instituted under the Act. When the Improvements are completed and the cost thereof paid, the
Construction Fund is to be closed and subsequent collections of Assessments and Taxes for the
Improvements are to be deposited in the Debt Service Fund.
4.02. City Covenants. It is hereby determined that the Improvements will directly and
indirectly benefit abutting property, and the City hereby covenants with the holders from time to
time of the Bonds as follows:
(a)
The City has caused or will cause the Assessments for the Improvements
to be promptly levied so that the first installment will be collectible not later than 2010
and will take all steps necessary to assure prompt collection, and the levy of the
Assessments is hereby authorized. The City Council will cause to be taken with due
diligence all further actions that are required for the construction of each Improvement
financed wholly or partly from the proceeds of the Bonds, and will take all further actions
necessary for the final and valid levy of the Assessments and the appropriation of any
other funds needed to pay the Bonds and interest thereon when due.
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(b)
In the event of any current or anticipated deficiency in Assessments and
Taxes, the City Council will levy additional ad valorem taxes in the amount of the current
or anticipated deficiency.
(c)
The City will keep complete and accurate books and records showing:
receipts and disbursements in connection with the Improvements, Assessments and Taxes
levied therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, monies on hand and, the balance of unpaid Assessments.
(d)
The City will cause its books and records to be audited at least annually
and will furnish copies of such audit reports to any interested person upon request.
4.03. Pledge of Tax Levy. It is determined that at least 20% of the cost of the
Improvements will be specially assessed against benefited properties. For the purpose of paying
the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem
tax (the “Taxes”) upon all of the taxable property in the City, which will be spread upon the tax
rolls and collected with and as part of other general taxes of the City. The taxes will be credited
to the Debt Service Fund above provided and will be in the years and amounts as follows (year
stated being year of collection:
Year
Levy
(See EXHIBIT B)
4.04. Certification to County Auditor/Treasurer as to Debt Service Fund Amount. It is
hereby determined that the estimated collections of Assessments and the foregoing Taxes will
produce at least five percent in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the
Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager
may certify to the County Auditor/Treasurer of Dakota County the amount available in the Debt
Service Fund to pay principal and interest due during the ensuing year, and the County
Auditor/Treasurer will thereupon reduce the levy collectible during such year by the amount so
certified.
4.05. County Auditor/Treasurer Certificate as to Registration. The City Manager is
authorized and directed to file a certified copy of this resolution with the County
Auditor/Treasurer of Dakota County and to obtain the certificate required by Minnesota Statutes,
Section 475.63.
Section 5.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of proceedings and records of the City relating to the Bonds and to the financial condition and
affairs of the City, and such other certificates, affidavits and transcripts as may be required to
12
show the facts within their knowledge or as shown by the books and records in their custody and
under their control, relating to the validity and marketability of the Bonds, and such instruments,
including any heretofore furnished, may be deemed representations of the City as to the facts
stated therein.
5.02. Certification as to Official Statement. The Mayor, City Manager and Chief
Financial Officer are authorized and directed to certify that they have examined the Official
Statement prepared and circulated in connection with the issuance and sale of the Bonds and that
to the best of their knowledge and belief the Official Statement is a complete and accurate
representation of the facts and representations made therein as of the date of the Official
Statement.
5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts
payable to Kennedy & Graven, Chartered as Bond Counsel) to Northland Trust Services, Inc. on
the closing date for further distribution as directed by the City’s financial adviser, Northland
Securities, Inc.
Section 6.
6.01. DTC. The Bonds will be initially issued in the form of a separate single
typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03
hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration
books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository
Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as
provided in this section, all of the outstanding Bonds will be registered in the registration books
kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC.
6.02. Participants. With respect to Bonds registered in the registration books kept by
the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar
and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and
other financial institutions from time to time for which DTC holds Bonds as securities depository
(the “Participants”) or to any other person on behalf of which a Participant holds an interest in
the Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of
any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any Participant or any other person, other than a registered owner of Bonds, of any amount with
respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar
and the Paying Agent may treat and consider the person in whose name each Bond is registered
in the registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bonds, and for all other purposes.
The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or
13
on the order of the respective registered owners, as shown in the registration books kept by the
Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge
the City's obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of
Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of
a written notice to the effect that DTC has determined to substitute a new nominee in place of
Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt
of such a notice, the City Manager will promptly deliver a copy of the same to the Bond
Registrar and Paying Agent.
Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the
Bonds will agree to take all action necessary for all representations of the City in the
Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be
complied with at all times.
City Council, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owners in accordance with the provisions of this Resolution. DTC may
determine to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and discharging its responsibilities with respect thereto under applicable law.
In such event, if no successor securities depository is appointed, the City will issue and the Bond
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions
hereof will apply to the transfer, exchange and method of payment thereof.
6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Section 7.
7.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covenants and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate is not to be considered
an event of default with respect to the Bonds; however, any Bondholder may take such actions as
14
may be necessary and appropriate, including seeking mandate or specific performance by court
order, to cause the City to comply with its obligations under this section.
7.02. Execution of Continuing Disclosure Certificate.
“Continuing Disclosure
Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and
City Manager and dated the date of issuance and delivery of the Bonds, as originally executed
and as it may be amended from time to time in accordance with the terms thereof.
15
Section 8.
Defeasance.
8.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest
thereon, have been discharged as provided in this section, all pledges, covenants and other rights
granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full
faith and credit of the City for the prompt and full payment of the principal of and interest on the
Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any
date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof
in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing
with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of
such deposit.
(The remainder of this page is intentionally left blank.)
16
____________________________________
Mayor
Attest:
____________________________________
Deputy City Clerk
17
thereof:
18
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF BURNSVILLE
)
)
) SS.
)
)
attached and foregoing extract of minutes of a regular meeting of the City Council of the City
held on Tuesday, June 8, 2010 with the original minutes on file in my office and the extract is a
full, true and correct copy of the minutes insofar as they relate to the issuance and sale of
$_________________ Taxable General Obligation Improvement Bonds, Series 2010D (Build
America Bonds – Direct Pay) of the City.
WITNESS My hand officially as such Deputy City Clerk and the corporate seal of the
City this ______ day of _______________, 2010.
Deputy City Clerk
(SEAL)
STATE OF MINNESOTA
COUNTY OF DAKOTA
COUNTY AUDITOR/TREASURER'S
CERTIFICATE AS TO
TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor/Treasurer of Dakota County, Minnesota, hereby
certify that a certified copy of a resolution adopted by the governing body of the City of
Burnsville, Minnesota, on June 8, 2010, levying taxes for the payment of $____________
Taxable General Obligation Improvement Bonds, Series 2010D (Build America Bonds – Direct
Pay), of said municipality dated July 1, 2010, has been filed in my office and said bonds have
been entered on the register of obligations in my office and that such tax has been levied as
required by law.
WITNESS My hand and official seal this _____ day of _________________, 2010.
(SEAL)
Deputy
EXHIBIT A
PROPOSALS
A-1
EXHIBIT B
TAX LEVY SCHEDULE
YEAR *
TAX LEVY
$
* Year tax levy collected.
B-1
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Burnsville, Minnesota, was duly held in the City Hall in said City on Tuesday, June 8, 2010,
***
***
***
which had been received for the purchase of the City’s approximately $2,035,000 General
Obligation Crossover Refunding Bonds, Series 2010E.
manner specified in the Official Notice of Sale of the Bonds. The proposals as set forth in Exhibit A
attached.
After due consideration of the proposals, Member ____________________ then introduced
the following resolution, and moved its adoption:
Principal Amount:
Maturities:
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A RESOLUTION AWARDING THE SALE OF $_________ GENERAL
OBLIGATION CROSSOVER REFUNDING BONDS, SERIES 2010E;
PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE
ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF;
AND PROVIDING FOR THE REDEMPTION OF
BONDS REFUNDED THEREBY.
Section 1.
Sale of Bonds.
1.01. The proposal of ________________________________________ (the “Purchaser”)
to purchase $_______________ General Obligation Crossover Refunding Bonds, Series 2010E
(the “Bonds”) of the City described in the Official Notice of Sale thereof is determined to be a
reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of
$____________ plus accrued interest to date of delivery, for Bonds bearing interest as follows:
Year
Interest Rate
Year
2011
2012
2013
2014
Interest Rate
2015
2016
2017
Net interest cost: _________%
1.02. The sum of $___________ being the amount proposed by the Purchaser in excess of
$________________ is credited to the Escrow Account hereinafter created, or designated to pay
costs of issuance of the Bonds, as may be recommended by the financial advisors to the City. The
City Chief Financial Officer is directed to retain the good faith check of the Purchaser, pending
completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on
behalf of the City.
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1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapters 429, 444 and 475 (the “Act”) in the total principal amount of $_______________,
originally dated July 1, 2010, in the denomination of $5,000 each or any integral multiple thereof,
numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on December
20 without option of prior payment in the years and amounts as follows:
Year
Amount
Year
2011
2012
2013
2014
Amount
2015
2016
2017
$___________ of the Bonds (the “Improvement Refunding Bonds”) maturing in the amounts and
on the dates set forth below are being issued to refund the outstanding principal amount of the
City’s General Obligation Improvement Bonds, Series 2002B (the “Series 2002B Bonds”):
Year
Amount
Year
2011
2012
2013
2014
Amount
2015
2016
2017
$___________ of the Bonds (the “Utility Refunding Bonds”) maturing in the amounts and on the
dates set forth below are being issued to refund the outstanding principal amount of the City’s
General Obligation Utility Revenue Bonds, Series 2002C (the “Series 2002C Bonds”):
Year
Amount
Year
2011
2012
2013
2014
Amount
2015
2016
2017
The Series 2002B Bonds and Series 2002C Bonds are referred to together as the “Refunded Bonds.”
Section 2.
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interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
is payable on June 20 and December 20 of each year, commencing June 20, 2011, to the registered
owners of record as of the close of business on the fifteenth day prior to the interest payment date
(each June 5th and December 5th), whether or not that day is a business day.
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a)
bond register in which the Registrar provides for the registration of ownership of Bonds and
the registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b)
Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c)
aggregate principal amount and maturity as requested by the registered owner or the owner’s
attorney in writing.
(d)
Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e)
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Persons Deemed Owners. The City and the Registrar may treat the person in
(f)
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner’s order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g)
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or
(h)
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in
form, substance and amount satisfactory to it and as provided by law, in which both the City
and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
Association, Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger
or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, the resulting corporation is authorized to
act as successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon 30
days’ notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Chief Financial Officer must transmit to the Registrar
moneys sufficient for the payment of all principal and interest then due.
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direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that those signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears
on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office
until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any
purpose or entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed
by the same representative. The executed certificate of authentication on a Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the
Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase
price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3.
3.01.
Form of Bond.
The Bonds will be printed or typewritten in substantially the following form:
No. R-____
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF BURNSVILLE
$__________
GENERAL OBLIGATION CROSSOVER REFUNDING BOND,
SERIES 2010E
Rate
Maturity
Date of
Original Issue
December 20, 20__
July 1, 2010
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CUSIP
The City of Burnsville, Minnesota, a duly organized and existing municipal corporation in
Dakota County, Minnesota (the “City”), acknowledges itself to be indebted and for value received
promises to pay to the Registered Owner specified above or registered assigns, the principal sum of
$__________ on the maturity date specified above without option of prior payment, with interest
thereon from the date hereof at the annual rate specified above, payable June 20 and December 20
in each year, commencing June 20, 2011, to the person in whose name this Bond is registered at the
close of business on the fifteenth day prior to the interest payment date (each June 5th and December
5th), whether or not that day is a business day. The interest hereon and, upon presentation and
surrender hereof, the principal hereof are payable in lawful money of the United States of America
by check or draft by Wells Fargo Bank, National Association, Minneapolis, Minnesota, as Registrar,
Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the
Resolution described herein. For the prompt and full payment of such principal and interest as the
same respectively become due, the full faith and credit and taxing powers of the City have been and
are hereby irrevocably pledged.
The City Council has designated the issue of Bonds of which this Bond forms a part as
“qualified tax exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial
institutions and within the $30 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $_________ all of like
original issue date and tenor, except as to number, maturity date, and interest rate, all issued
pursuant to a resolution adopted by the City Council on June 8, 2010 (the “Resolution”), for the
purpose of providing money to refund in advance of maturity and on the Redemption Date, as
defined in the Resolution, a portion of certain general obligation bonds of the City, pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 475.67. The interest hereon is payable until the Redemption Date, primarily out
of the Escrow Account and Debt Service Account in the City’s Refunding Bonds, Series 2010E
Debt Service Fund and after the Redemption Date from special assessments against property
specially benefited by local improvements, net revenues of the water and sewer utility and storm
water utility of the City, and ad valorem taxes, all in a special debt service fund of the City as set
forth in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond
and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property
in the City in the event of any deficiency in special assessments, net utility revenues and taxes
pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this
series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple
thereof of single maturities.
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As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or
Bonds to be issued in the name of the transferee or registered owner, of the same aggregate
principal amount, bearing interest at the same rate and maturing on the same date, subject to
reimbursement for any tax, fee or governmental charge required to be paid with respect to such
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
conditions and things required by the Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required, and that the issuance of this
Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation
of indebtedness.
Registrar by manual signature of one of its authorized representatives.
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of
the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below.
Dated:
(Facsimile)
(Facsimile)
City Manager
Mayor
8
WELLS FARGO BANK
By
______________________________________
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
in common
(Cust)
(Minor)
by entireties
JT TEN --
Transfers to Minors
Act . . . . . . . . . . . .
(State)
______________________________________
ASSIGNMENT
does hereby irrevocably constitute and appoint _______________ attorney to transfer the said Bond
on the books kept for registration of the within Bond, with full power of substitution in the
premises.
Dated:
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Notice:
The assignor’s signature to this assignment must correspond with the name
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program
(“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other
such “signature guarantee program” as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
Please insert social security
or
other
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
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Registered Owner
Signature of
Cede & Co.
3.02. The City Manager is authorized and directed to obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and cause the opinion to be printed on or accompany each
Bond.
Section 4.
Bonds; Security; Escrow.
4.01. Funds and Accounts. For the convenience and proper administration of the moneys
to be borrowed and repaid on the Bonds and the Refunded Bonds (as defined in the resolution
providing for the issuance and sale of the Bonds), and to provide adequate and specific security for
the Purchaser and holders from time to time of the Bonds and Refunded Bonds, there is hereby
created a special fund to be designated the Refunding Bonds, Series 2010E Debt Service Fund
(the “Fund”) to be administered and maintained by the Chief Financial Officer as a bookkeeping
account separate and apart from all other funds maintained in the official financial records of the
City. The Fund will be maintained in the manner herein specified until all of the Refunded Bonds
have been paid and until all of the Bonds and the interest thereon will have been fully paid. There
will be maintained in the Fund two separate accounts, to be designated the Escrow Account and
Debt Service Account.
Escrow Account. The Escrow Account will be maintained as an Escrow
(a)
Account (the “Escrow Account”) with __________________________________ in
_______________, Minnesota, which is a suitable financial institution within the State,
whose deposits are insured by the Federal Deposit Insurance Corporation, whose combined
capital and surplus is not less than $500,000 and said financial institution is hereby
designated escrow agent (the “Escrow Agent”) for the Escrow Account. All proceeds of the
sale of the Bonds (less amounts deposited in the Debt Service Account under Section
4.01(b) or used to pay costs of issuance) will be received by the Escrow Agent and applied
to fund the Escrow Account. Such net proceeds are hereby irrevocably pledged and
appropriated to the Escrow Account, together with all investment earnings thereon. The
Escrow Account will be invested in securities maturing or callable at the option of the
holder on such dates and bearing interest at such rates as will be required to provide
sufficient funds, together with any cash or other funds retained in the Escrow Account, to
pay when due the interest to accrue on each Bond to and including February 1, 2011
(the “Redemption Date”), and to pay when due on the Redemption Date the principal
amount of each of the Refunded Bonds then outstanding. From the Escrow Account there
will be paid (i) all interest paid on, or to be paid on, or to accrue on, the Bonds to and
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including the Redemption Date, and (ii) the principal of the Refunded Bonds due by reason
of redemption on the Redemption Date. The Escrow Account will be irrevocably
appropriated to the payment of the principal of and interest on the Bonds until the proceeds
of the Bonds therein are applied to prepayment of the Refunded Bonds. The moneys in the
Escrow Account will be used solely for the purposes herein set forth and for no other
purpose, except that any surplus in the Escrow Account may be remitted to the City, all in
accordance with the Escrow Agreement (hereafter defined) by and between the City and the
Escrow Agent. Any moneys remitted to the City upon termination of the Escrow
Agreement will be deposited in the Debt Service Account.
(b)
Debt Service Account. The City shall maintain an “Improvement Account”
and a “Utility Revenue Account” in the Debt Service Fund. Amounts in the Improvement
Account are irrevocably pledged to the Improvement Refunding Bonds portion of the
Bonds, and amounts in the Utility Revenue Account are irrevocably pledged to the Utility
Refunding Bonds portion of the Bonds.
(i) Improvement Account. To the Improvement Account in the Debt Service
Account there is hereby pledged and irrevocably appropriated and there will be credited: (i)
___________ percent of any balance remitted to the City upon the termination of the
Escrow Agreement; (ii) ________ percent of any balance remaining on February 2, 2011, in
the Debt Service Fund created by the City Council resolution authorizing the issuance and
sale of the Series 2002B Bonds (the “Series 2002B Resolution”); (iii) any collections of all
taxes hereafter levied for the payment of the Improvement Refunding Bonds and interest
thereon; (iv) all investment earnings on funds in the Improvement Account of the Debt
Service Account; (v) after the Redemption Date, all special assessments pledged to the
repayment of the Series 2002B Bonds in the Series 2002B Resolution; (vi) $_________ of
the accrued interest received upon delivery of the Bonds and any other proceeds of the
Bonds, to the extent not required to fund the Escrow Account; and (vii) any and all other
moneys which are properly available and are appropriated by the City Council to the
Improvement Account in the Debt Service Account. The amount of any surplus remaining
in the Improvement Account of the Debt Service Account when the Bonds and interest
thereon are paid will be used as provided in Section 475.61, Subdivision 4 of the Act.
(i) Utility Revenue Account. To the Utility Revenue Account in the Debt Service
Account there is hereby pledged and irrevocably appropriated and there will be credited: (i)
________ percent of any balance remitted to the City upon the termination of the Escrow
Agreement; (ii) ________ percent of any balance remaining on February 2, 2011, in the
Debt Service Fund created by the City Council resolution authorizing the issuance and sale
of the Series 2002C Bonds (the “Series 2002C Resolution”); (iii) any collections of all taxes
hereafter levied for the payment of the Utility Refunding Bonds and interest thereon; (iv) all
investment earnings on funds in the Utility Revenue Account of the Debt Service Account;
(v) after the Redemption Date, all net revenues of the City’s water and sewer utility and
storm water utility pledged to the Series 2002C Bonds in the Series 2002C Resolution; (vi)
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$_________ of the accrued interest received upon delivery of the Bonds, to the extent not
required to fund the Escrow Account; and (vii) any and all other moneys which are properly
available and are appropriated by the City Council to the Utility Revenue Account in the
Debt Service Account. The amount of any surplus remaining in the Utility Revenue
Account of the Debt Service Account when the Bonds and interest thereon are paid will be
used as provided in Section 475.61, Subdivision 4 of the Act.
4.02. Findings. It is hereby found and determined that based upon information presently
available from the City’s financial advisers, the issuance of the Bonds will result in a reduction of
debt service cost to the City on the Refunded Bonds, such that the present value of the debt service
savings (the “Reduction”) is at least 3.00% of the debt service on the Refunded Bonds. The
Reduction, after the inclusion of all authorized expenses of refunding in the computation of the
effective interest rate on the Bonds, is adequate to authorize the issuance of the Bonds as provided
by Minnesota Statutes, Section 475.67, Subdivisions 12 and 13.
4.03. Investment of Funds. The moneys in the Debt Service Account will be used solely
to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made
payable from the Fund. No portion of the proceeds of the Bonds will be used directly or indirectly
to acquire higher yielding investments or to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (i) for a reasonable temporary period until such
proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the
above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or
$100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the
Fund (or any other City account which will be used to pay principal and interest to become due on
the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be
invested without regard as to yield will not be invested at a yield in excess of the applicable yield
restrictions imposed by the arbitrage regulations on such investments after taking into account any
applicable temporary periods or minor portion made available under the federal arbitrage
regulations. In addition, the proceeds of the Bonds and money in the Fund will not be invested in
obligations or deposits issued by, guaranteed by or insured by the United States or any agency or
instrumentality thereof if and to the extent that such investment would cause the Bonds to be
federally guaranteed within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as
amended (the “Code”).
4.04. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers
of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Account or
Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the
general fund of the City which are available for such purpose, and such general fund may be
reimbursed with or without interest from the Escrow Account or Debt Service Account when a
sufficient balance is available therein.
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4.05. Pledge of Tax Levy; Improvement Refunding Bonds. It is determined that at least
20% of the cost of the improvements financed by the Series 2002B Bonds have been specially
assessed against benefited properties. For the purpose of paying the principal of and interest on
the Improvement Refunding Bonds portion of the Bonds maturing after the Redemption Date,
there is levied a direct annual irrepealable ad valorem tax (the “Taxes”) upon all of the taxable
property in the City, which will be spread upon the tax rolls and collected with and as part of
other general taxes of the City. The taxes will be credited to the Improvements Account of the
Debt Service Fund above provided and will be in the years and amounts as follows (year stated
being year of collection:
Year
Levy
(See EXHIBIT B)
4.06. No Tax Levy; Utility Revenue Refunding Bonds. It is determined that estimated
collection net revenues of the water and sewer and storm water system for the payment of principal
and interest on the Utility Revenue Refunding Bonds portion of the Bonds after the Redemption
Date will produce at least five percent in excess of the amount needed to meet when due, the
principal and interest payments on the Utility Revenue Bonds maturing after the Redemption Date,
and that no tax levy is needed at this time with respect to that portion of the Bonds.
4.07. Cancellation of Prior Levy After Redemption Date. It is hereby determined that
upon the deposit of Proceeds and Funds in the Escrow Account (as such terms are defined in
Section 5 hereof) that an irrevocable appropriation to the debt service fund for the Refunded Bonds
maturing after the Redemption Date will have been made within the meaning of Section 475.61,
subdivision 3 of the Act and the City Manager is hereby authorized and directed to certify such fact
to and request the County Auditor/Treasurer of Dakota County to cancel any and all tax levies for
taxes payable in 2011 and thereafter made by the resolutions authorizing and approving the
Refunded Bonds.
4.08. Filing. The City Manager is authorized and directed to file a certified copy of this
resolution with the County Auditor/Treasurer of Dakota County and to obtain the certificate
required by Section 475.63 of the Act.
4.09. Covenants Regarding Utility Revenue Refunding Bonds. City will create and
continue to operate its Water and Sewer and Storm Water Utility Fund to which will be credited all
gross revenues of the water and sewer plant and system and the storm water system, and out of
which will be paid all normal and reasonable expenses of current operations of such systems. Any
balance therein will be deemed net revenues and will be transferred from time to the Utility
Revenue Account of the Debt Service Account, which fund will be used only to pay principal of and
interest on the Utility Refunding Bonds portion of the Bonds after the Redemption Date and any
other bonds similarly authorized. The Water and Sewer and Storm Utility Fund Accounts
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established in the Series 2002C Resolution are continued and will be maintained as therein
provided. There will always be retained in the Utility Revenue Account of the Debt Service
Account a sufficient amount to pay principal of and interest on all the Utility Refunding Bonds, and
the City Manager will report any current or anticipated deficiency in the Utility Revenue Account of
the Debt Service Account to the City Council.
4.10. Prior Resolution Pledges. The pledges and covenants of the City made by the Series
2002B Resolution relating to the levy and collection of special assessments against property
specially benefited by local improvements financed by the Series 2002B Bonds, and the pledges and
covenants of the City made by the Series 2002C Resolution relating to the ownership, protection of
and other particulars governing the operation and financial management of the municipal water,
sewer and storm water system and the improvements thereto, are restated and confirmed in all
respects. The provisions of such prior resolutions are hereby supplemented to the extent necessary
to give full effect to the provisions of this resolution.
Section 5.
Refunding; Findings; Redemption of Refunded Bonds.
5.01. As of the date of delivery of and payment for the Bonds, proceeds of the Bonds in
the amount of $___________ (the “Proceeds”), together with $200,000 transferred from the debt
service account for the Series 2002B Bonds (which amount is in excess of the amount needed to pay
principal and interest on the Series 2002B Bonds through the Redemption Date) (the “Funds”) are
hereby pledged and appropriated and will be deposited in the Escrow Account. Proceeds of the
Bonds in excess of amount needed to fund the Escrow Account and pay costs of issuance are
appropriated to the Debt Service Account in accordance with Section 4.01(b).
5.02. It is hereby found and determined that the Proceeds and Funds available and
appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the
investment of the Escrow Account, to pay principal of and interest on the Bonds through the
Redemption Date, and to pay at maturity or redemption all of the principal of and redemption
premium (if any) on the Refunded Bonds maturing after the Redemption Date.
5.03. Securities purchased from the monies in the Escrow Account will be limited to
securities specified in Section 475.67, Subdivision 8 of the Act. Northland Securities, Inc., as agent
for the City of Burnsville is hereby authorized and directed to purchase for and on behalf of the City
of Burnsville and in its name, appropriate securities to fund the Escrow Account. Upon the issuance
and delivery of the Bonds, the securities so purchased will be deposited with the Escrow Agent and
held pursuant to the terms of the Escrow Agreement and the Resolution.
5.04. The Refunded Bonds maturing on February 1, 2011 and thereafter will be redeemed
and prepaid on the Redemption Date. The Refunded Bonds will be redeemed and prepaid in
accordance with their terms and in accordance with the terms and conditions set forth in the forms
of Notice of Call for Redemption attached hereto as EXHIBIT B which terms and conditions are
hereby approved and incorporated herein by reference. The Registrar for the Refunded Bonds is
15
authorized and directed to send a copy of the Notice of Redemption to each registered holder of the
Refunded Bonds.
5.05. On or prior to the delivery of the Refunding Bonds, the Mayor and the City Manager
are hereby authorized and directed to execute on behalf of the City an escrow agreement
(the “Escrow Agreement”) with the Escrow Agent in substantially the form now on file with the
Deputy City Clerk. All essential terms and conditions of the Escrow Agreement including payment
by the City of reasonable charges for the services of the Escrow Agent, are hereby approved and
adopted and made a part of this resolution, and the City covenants that it will promptly enforce all
provisions thereof in the event of default thereunder by the Escrow Agent.
Section 6.
6.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
6.02. The Mayor, City Manager and Chief Financial Officer are hereby authorized and
directed to certify that they have examined the Official Statement prepared and circulated in
connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief
the Official Statement is a complete and accurate representation of the facts and representations
made therein as of the date of the Official Statement.
6.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable
to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered
as Bond Counsel) to Northland Trust Services, Inc., Minneapolis, Minnesota on the closing date for
further distribution as directed by the City’s financial adviser, Northland Securities, Inc.
Section 7.
Tax Covenant.
7.01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
16
7.02. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States.
7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit
them or any of them to be used, in such a manner as to cause the Bonds to be “private activity
bonds” within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. In order to qualify the Bonds as “qualified tax-exempt obligations” within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a)
the Bonds are not “private activity bonds” as defined in Section 141 of the
Code;
(b)
the City hereby designates the Bonds as “qualified tax-exempt obligations”
for purposes of Section 265(b)(3) of the Code;
(c)
the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2010 will not exceed
$30,000,000; and
(d)
not more than $30,000,000 of obligations issued by the City during calendar
year 2010 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 8.
8.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each such Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Registrar in the name of
Cede & Co., as nominee of DTC.
8.02. With respect to Bonds registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will
17
have no responsibility or obligation to any broker dealers, banks and other financial institutions
from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any
other person on behalf of which a Participant holds an interest in the Bonds, including but not
limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC,
Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery
to any Participant or any other person (other than a registered owner of Bonds, as shown by the
registration books kept by the Registrar), of any notice with respect to the Bonds, including any
notice of redemption, or (iii) the payment to any Participant or any other person, other than a
registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest
on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in
whose name each Bond is registered in the registration books kept by the Registrar as the holder and
absolute owner of such Bond for the purpose of payment of principal, premium and interest with
respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all
other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the
Bonds only to or on the order of the respective registered owners, as shown in the registration books
kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge
the City’s obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds,
as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing
the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to
the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words
“Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City
Manager will promptly deliver a copy of the same to the Registrar and Paying Agent.
Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment
of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will
agree to take all action necessary for all representations of the City in the Representation letter with
respect to the Registrar and Paying Agent, respectively, to be complied with at all times.
City Council, determines that it is in the best interests of the persons having beneficial interest, in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Registrar will authenticate
Bond certificates in accordance with this resolution and the provisions hereof will apply to the
transfer, exchange and method of payment thereof.
18
8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
respect to the Bond will be made and given, respectively in the manner provided in DTC’s
Section 9.
9.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this
Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be
considered an event of default with respect to the Bonds; however, any Bondholder may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance by
court order, to cause the City to comply with its obligations under this section.
9.02. “Continuing Disclosure Certificate” means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of
the Bonds, as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
Defeasance. When all Bonds (or all or either of the Improvement
Section 10.
Refunding Bonds or Utility Refunding Bonds portion thereof) and all interest thereon, have been
discharged as provided in this section, all pledges, covenants and other rights granted by this
resolution (with respect to the Improvement Refunding Bonds or Utility Refunding Bonds portions
of the Bonds, as the case may be) to the holders of the Bonds will cease, except that the pledge of
the full faith and credit of the City for the prompt and full payment of the principal of and interest
on the Bonds will remain in full force and effect. The City may discharge all Bonds (or either
portion thereof) which are due on any date by depositing with the Registrar on or before that date a
sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
19
____________________________________
Mayor
Attest:
____________________________________
Deputy City Clerk
20
thereof:
21
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF BURNSVILLE
)
)
) SS.
)
)
attached and foregoing extract of minutes of a regular meeting of the City Council of the City held
on Tuesday, June 8, 2010 with the original minutes on file in my office and the extract is a full, true
and correct copy of the minutes insofar as they relate to the issuance and sale of $______________
General Obligation Crossover Refunding Bonds, Series 2010E of the City.
WITNESS My hand officially as such Deputy City Clerk and the corporate seal of the City
this ______ day of _______________, 2010.
Deputy City Clerk
(SEAL)
STATE OF MINNESOTA
COUNTY OF DAKOTA
COUNTY AUDITOR/TREASURER’S
CERTIFICATE AS TO
REGISTRATION WHERE NO AD
VALOREM TAX LEVY
I, the undersigned County Auditor/Treasurer of Dakota County, Minnesota, hereby certify
that a resolution adopted by the City Council of the City of Burnsville, Minnesota, on June 8, 2010,
relating to General Obligation Crossover Refunding Bonds, Series 2010E, in the amount of
$_______________, dated July 1, 2010, has been filed in my office and said obligations have been
registered on the register of obligations in my office.
WITNESS My hand and official seal this ____ day of ____________, 2010.
(SEAL)
Deputy
EXHIBIT A
PROPOSALS
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
$2,455,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002B
CITY OF BURNSVILLE
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Burnsville,
Dakota County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1, 2011
all outstanding bonds of the City designated as General Obligation Improvement Bonds,
Series 2002B, dated December 15, 2002, having stated maturity dates of February 1 in the years
2012 through 2018, both inclusive, totaling $1,250,000 in principal amount, and with the following
CUSIP numbers:
Year of Maturity
CUSIP
2012
2013
2014
2015
2016
2017
2018
122458 NJ7
122458 NK4
122458 NL2
122458 NM0
122458 NN8
122458 NP3
122458 NQ1
The bonds are being called at a price of par plus accrued interest to February 1, 2011, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment at the main office of U.S. Bank
National Association, St. Paul, Minnesota, on or before February 1, 2011.
If by mail:
If by hand:
U.S. Bank National Association
Corporate Trust Operations
60 Livingston Avenue
EP-MN-WS3C
St. Paul, MN 55107
3rd Floor – Bond Drop Window
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act
of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate
in effect at the time the payment by the redeeming institutions if they are not provided with your
social security number or federal employer identification number, properly certified. This
requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other
financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is
any representation made as to the correctness indicated in the Redemption Notice or on any Bond.
It is included solely for convenience of the Holders.
Additional information may be obtained from:
Corporate Trust Division
Bondholder Relations (800) 934-6802
Dated: June 8, 2010.
BY ORDER OF THE CITY COUNCIL
By /s/ Macheal Brooks
Deputy City Clerk
City of Burnsville, Minnesota
NOTICE OF CALL FOR REDEMPTION
$1,730,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2002C
CITY OF BURNSVILLE
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Burnsville,
Dakota County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1, 2011
all outstanding bonds of the City designated as General Obligation Utility Revenue Bonds,
Series 2002C, dated December 15, 2002, having stated maturity dates of February 1 in the years
2011 through 2018, both inclusive, totaling $1,055,000 in principal amount, and with the following
CUSIP numbers:
Year of Maturity
CUSIP
2011
2012
2013
2014
2015
2016
2017
2018
122458 NY4
122458 NZ1
122458 PA4
122458 PB2
122458 PC0
122458 PD8
122458 PE6
122458 PF3
The bonds are being called at a price of par plus accrued interest to February 1, 2011, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment at the main office of U.S. Bank
National Association, St. Paul, Minnesota, on or before February 1, 2011.
If by mail:
If by hand:
Corporate Trust Operations
EP-MN-WS3C
St. Paul, MN 55107
3rd Floor – Bond Drop Window
St. Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act
of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate
in effect at the time the payment by the redeeming institutions if they are not provided with your
social security number or federal employer identification number, properly certified. This
requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other
financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is
any representation made as to the correctness indicated in the Redemption Notice or on any Bond.
It is included solely for convenience of the Holders.
Additional information may be obtained from:
Corporate Trust Division
Bondholder Relations (800) 934-6802
Dated: June 8, 2010.
BY ORDER OF THE CITY COUNCIL
By /s/ Macheal Brooks
Deputy City Clerk
City of Burnsville, Minnesota
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
06/08/2010
11
___X__ Required by Law ____ Previous Council Action _____ Council Theme ______ Housekeeping
PRESENTERS:
Deb Garross, Planner
ITEM:
Consider Approval of an Application for Cecelia Denning for a Front Yard and Lakeshore Setback Variance to
Allow Construction of a New Single Family Home on a Vacant Lot Located at 377 Maple Island Road, and
Consider Findings of Fact and Variance.
Adopt the Findings of Fact and Approve Variance.
STAFF RECOMMENDATION: N/A
The planning commission considered the variance application on May 24, 2010. No one from the public spoke
for or against the application. Staff noted at the meeting that the neighbor to the west (Joseph Tranchilla, 375
Maple Island Road), had contacted staff to indicate that he had no issues with the proposed removal of the
Ironwood tree (located in the west corner of the proposed building pad), and that he believed that the applicant has
done a good job to address his concerns and the existing site conditions.
The commission requested clarification on the location and maintenance of the shoreline buffer and also how
storm water would be handled on the lot. Staff and the applicant identified the location and proposed function of
the buffer areas and that the drainage of the lot would be directed to the shoreline buffer areas which would treat
runoff from the home and yard. The commission commended the applicant for working with staff and Dakota
County to develop a plan that addressed site conditions and that would include shoreland restoration and a home
that will fit with the neighborhood.
The planning commission voted (5 - 0) to recommend to the city council approval the lakeshore and front yard
setback variance application subject to the following conditions:
1. All landscaping and shoreland buffer plantings shall be installed prior to issuance of a final certificate of
occupancy for the home.
2. The shoreland buffer area once installed shall remain in its native state and not be mowed, cut or fertilized.
The purpose of the buffer area is to filter sediment, materials, and chemicals prior to reaching the lake. All
portions of the shoreland buffer shall be five feet upland of the OHWL (934.5).
Cecelia Denning Variance Application
June 8, 2010
Page 2 of 2
3. The reforestation trees (thirteen, 2.5 caliper inch trees) shall be installed as part of the landscaping and buffer
planting. Four of the required 13 trees shall be given to the city for planting within one of the city parks as
directed by the city forester.
4. The front yard trees shall not be planted in the boulevard.
5. Efforts shall be made to protect the existing 20’ Spruce tree in the front yard boulevard. This includes the
installation of protective tree fencing prior to beginning work.
LEGAL DOCUMENTS:
Unless otherwise noted by the city council at the meeting, the city council motion of approval of this item is to
approve the conditions as recommended by the planning commission and to direct staff to incorporate the
conditions into the following legal documents:
Development Contract (Plat)
PUD Agreement
PUD Release
Other Legal Documents (List):
ATTACHMENTS:
(__/__/2010) PNRC Report
(__/__/2010) Unapproved PNRC Minutes
(__/__/2010) HOC DRC Report
(__/__/2010) Unapproved HOC DRC Minutes
Findings of Fact
Minnesota Statutes
Other Exhibits (List):
DG
Interim Use Permit
Ordinance
Ordinance Summary
Resolution
Variance
Crystal Lake
Cecilia Denning
377 Maple Island Road
Zoned R-1
MAPLE ISLAND RD
Cecilia Denning
City of Burnsville
PLANNING DEPARTMENT
952-895-4455 Fax: 952-895-4453
.
File 10-16
Site
North
Pictometry
Cecilia Denning
CITY OF BURNSVILLE
Agenda Item:
Meeting Date:
Project No.:
4
05/24/2010
(10-16)
PRESENTER:
ITEM:
Hearing - Cecilia Denning for a front yard and lakeshore setback variance for construction of a new single family
home on a vacant lot located at 377 Maple Island Road.
Extension Granted To:
03/31/2010
05/30/2010
07/29/2010
BACKGROUND OVERVIEW:
The purpose of this item is to consider a front yard and lakeshore setback variance for 377 Maple Island Road to
allow for construction of a new single family home on the vacant lot (see attached survey for Cecilia
Denning/Michael Wech). The property is guided by the current (2020) Comprehensive Plan and draft 2030
Comprehensive Plan for One Family Residential land use and is zoned R1, Single Family Residential and SD,
Shoreland District. The site is located within the Shoreland District of Crystal Lake which is designated as a
“Recreational Development” public water by the Department of Natural Resources (DNR). Adjacent properties are
all developed with single family homes. In order to construct the home as proposed, the applicant is requesting a
6’ front yard setback variance to allow the home to be located 24’ from the front lot line and a 6’ lakeshore setback
variance to allow the home to be located 69’ feet from the lake (934.5 ordinary high watermark).
HISTORY:
The property was platted as Lot 23, Block 1, Maple Island in 1957 by the Burnsville Town Board. The site was
platted prior to the incorporation of the City of Burnsville in 1964. This parcel is one of the few remaining vacant
parcels on Crystal Lake. In 2004, the site was illegally cleared of a majority of the existing vegetation (over 40
trees). The DNR and city documented the tree removals, vegetation clearing and grading work that had been
conducted on the site by a previous owner. A number of prospective owners worked with the city and DNR to
develop the property however, for various reasons, none of the applications made it through the approval process.
In 2005, the city granted a variance to Kimberly Sperling for construction of a new home with a 24’ front yard
setback and 60’ lakeshore setback (see attached 2005 Approved Plan). As part of the variance approval the
property owner was required to prepare a reforestation plan with tree replacement value of $5,783.64, to correct the
tree/vegetation clearing violation of the tree preservation and shoreland regulations of the zoning ordinance. The
required tree replacement was determined to be approximately 13 trees of 2-1/2 caliper inches. As part of the
2005 variance a shoreland buffer plan which included several of the reforestation trees was also approved and is
shown on the 2005 Approved Plan. The 2005 Findings of Fact for approval of the variance cited the following:
a. The property is zoned R-1 (Single Family Residential) and is guided Single Family in the Comprehensive
Plan.
b. The property is located on Crystal Lake and is within the Shoreland District.
c. The lot is only one of a few vacant lots on the lake, and the only vacant lot on Maple Island.
d. The proposed home is setback 24’ from the front lot line (an average of adjacent structures).
e. The proposed home is setback 60’ from the OHWL to the deck and 67’ to the home.
f. The proposed development is compliant with the impervious surface requirement.
g. The lot has undue hardship and the proposed improvements meet the spirit and intent of the ordinance.
Cecelia Denning Variance
May 24, 2010
Page 2
The ordinance specifies that variances must be used within one year or it will become null and void, unless an
extension is granted by the city council. In 2006, Ms. Sperling received approval from the city council to extend
the variance to March 2007 to allow a new owner (the current applicant) to build on the lot. Ms. Sperling then sold
the vacant lot to the current applicant however, because no construction activity occurred and no other extensions
were requested, the variance expired and is now void.
VARIANCE HARDSHIP:
In review of the variance guideline policy (#5.285) staff calculated 1 negative factor, 19 positive factors and 2
factors that are not applicable. The current owner has made revisions to the site and building plans which reduced
the footprint of the proposed home and increased setback distances to the west side lot line and to the lakeshore.
The 2005 project had the garage located on the west side of the lot at a 6’ setback (the ordinance allows for a 5’
setback for a garage provided there is at least a 15’ separation between the garage and structures on the adjacent
lot). In the current application, the garage has been moved to the east side of the property and the west side yard
setback has been increased from 6’ to 10’ feet (see attached survey for Cecilia Denning/Michael Wech).
The
lakeshore setback has been increased from 60’ to 69 feet. The same 24’ north front yard setback variance is
requested (this is the average setback of the adjacent homes). The proposed impervious surface is 24.1% and
meets the ordinance standard which allows up to 25% impervious surface coverage.
The “intent” of the shoreline setback standard is to protect the shore impact zone, provide pervious areas and
vegetation to mitigate surface water drainage into the lake and to lessen the appearance of structures when viewed
from the lake. In this case, the neighborhood was platted and developed with homes prior to the adoption of
shoreland regulations. The subject site is an existing nonconforming lot, as it does not meet today’s minimum lot
size for a lake lot. The property is unique in that it is one of a very few vacant existing lake lots on Crystal Lake.
The property was cleared in 2004 prior to the applicant purchase of the lot. In 2005 the city granted similar front
and lakeshore variances for the site to allow construction of a single family home. The current proposal is better
than the 2005 application because the lakeshore setback has been increased from 60’ to 69 feet, and the west side
yard setback has been increased from 6’ to 10’ feet.
The “intent” of the 30’ front yard setback is to provide a unified development pattern for the neighborhood. In this
case, the lots in the neighborhood are shallow due to the fact that the plat was approved prior to the current setback
and development standards. Due to this, homes in the neighborhood have shorter setbacks to the front lot line and
several have received variances to the front setback in order to keep structures further from the lake. The proposed
24’ setback is the average setback of the homes on either side of the lot and there will still be adequate depth for
the driveway to accommodate vehicles and standard ordinance parking stalls (9’ x 18’), and without encroaching
out into the right-of-way. (Note that there is an additional 13+ feet of right-of-way between the north lot line and
the edge of Maple Road). The proposed design of the structure, the reduction of the size of the footprint, the
improvements to restore the shoreline with buffer plantings demonstrate that the application meets the spirit and
intent of the ordinance.
In reviewing an application for a variance, hardship and intent of the ordinance are the primary considerations.
Hardship as defined in our ordinance means “the property in question cannot be put to a reasonable use if used
under the conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to
the property not created by the landowner, and the variance, if granted, will not alter the essential character of the
locality.” When reviewing a variance application the reasonable use test has been broadened to encompass not
only the use, but the request as well. That is to say that the city may take the request into consideration provided
the variance is reasonable.
May 24, 2010
Page 3
The hardship in this case is due to the fact that the property was platted prior to the city adoption of shoreland
regulations and setback requirements. If all required setbacks were applied, the lot could not be developed in a
similar manner as other homes in the neighborhood. The hardship is not created by the current property owner and
the variance requested will not alter the essential character of the neighborhood. The applicant has provided a
development plan that is reasonable and that will improve the site conditions by meeting overall impervious
surface standards, restoring the shoreline with native plantings and buffer and this proposal increases the setback
distance from the lake and west lot line. The proposed home is reasonable and will blend with homes in the
neighborhood. Hardship does exist and the proposal will keep with the spirit and intent of the ordinance. The
attached variance guideline policy supports this determination
At the time this lot was platted, the Shoreland District did not exist. The lot is allowed to be buildable because it is
more than 70% of the current lot area requirement.
Minimum Lot Area:
Minimum Lot Width:
Front Yard Setback:
Setback from OHWL:
Maximum Impervious Area
Without Mitigation:
REQUIRED
20,000 S.F.
80 feet
30 feet
75 feet
25%
EXISTING & PROPOSED
14,692 S.F.
100 feet
24 feet
69 feet
24.1%
OVERLAY or SPECIAL DISTRICTS:
The site is a lakeshore lot and is subject to both shoreland and floodplain district standards. The provisions of the
shoreland regulations that apply to the site include the 75’ lakeshore setback (measured from the 934.5 contour line
or the OHW of Crystal Lake); and a shoreline buffer strip must be provided on riparian lots to mitigate impacts
associated with all variance applications. The applicant is proposing to install a shoreline buffer in the same areas as
identified for the 2005 variance approval however, they have worked with the city and Dakota County and are proposing
different plants that are identified on the attached “Shoreline Buffer Plantings” sheet. The proposed plants are better than
the 2005 proposal and staff is satisfied with the proposed plant materials. The buffer strip must run parallel to and extend
landward from the OHW with an average width of no less than 20’ feet. The buffer strip is required to be planted with
native vegetation and is not allowed to be mowed, cut or fertilized. A pervious 20’ wide, or 20% of the lot width at the
shoreline (whichever is less) walkway or path is allowed to provide access to a beach, dock or other amenity. In this case,
tree restoration is also required to address the 2004 clear cutting of the lot. The 2005 variance was approved with several
conditions requiring the site to be planted with 9 trees and 4 trees to be given to the city for planting within a park; the
shoreline buffer is to include some of the reforestation trees; the buffer must be installed prior to a certificate of occupancy
for the home, that all of the trees be planted on the lot (as opposed to the right-of-way), that the buffer is required to be
maintained in its native state once established and that steps be taken to protect the existing 20’ Spruce tree located
directly north of the northwest corner of the lot (within the right-of-way). All of the conditions applied to the 2005
approval are recommended for this application as well.
The site is subject to floodplain standards and the survey illustrates that the proposed development conforms to the
low floor (minimum 936.0) elevation and also that the grade 15’ beyond the structure will meet the grade standard
of 935.0 or above. The proposed site plan and survey conform to the requirements of the floodplain district.
May 24, 2010
Page 4
BUILDING MATERIALS AND ARCHITECTURE:
The proposed home is designed as a rambler/walkout. See attached exterior elevation plans, floor plans and
framing plan for reference to the proposed home. The structure has been specifically designed to fit this lot with the
least amount of disruption to the site as possible. The home will have horizontal lap siding with brick/stone
accents. This building style fits within the neighborhood and adjacent structures. The applicant advised staff that
a front porch is proposed that is not shown on the survey. The ordinance allows porches (that do not exceed 120
sq. ft. of above grade finished livable space) to extend into the front yard provided they do not encroach closer than
20’ to the front property line.
TREE PRESERVATION:
Tree restoration is required similar to the conditions applied to the 2005 variance. The neighbor to the west
(Joseph Tranchilla, 375 Maple Island Road), contacted staff and indicated that an Ironwood tree is located on the
site and the tree roots currently hold the hill along the side yard in place. Mr. Tranchilla would like to see the tree
preserved as it provides for site stabilization and also provides some shade to his property. Staff and the applicant
met on site with the Tranchilla’s to review the matter. It is believed that the initial tree survey identified the tree as
an elm as opposed to an Ironwood tree. The tree is identified on the applicant’s survey as “E12” a 12” elm tree that
is situated within the building footprint (western most corner of the proposed home). The 2005 approved variance
application also showed that this tree was proposed to be removed as part of the grading of the site.
The applicant has worked with staff to develop a plan that addresses site drainage which is an issue with the current
conditions. The home size has been reduced from the previously approved home of 84’ to 70’ feet, and retaining
walls are proposed on both sides of the lot to provide the needed drainage improvements. The reduction in home
width has also increased the west side setback from 6’ to 10’ and the east side setback from 10’ to 20’ feet.
Unfortunately, due to the existing site conditions and the grading needed to improve the site drainage, the building
envelope will necessitate the removal of the Ironwood tree. Staff has no objection to the proposed plan as the tree
removal and reforestation plan meets ordinance standards.
The application has been reviewed by the Department of Natural Resources (DNR) which has no objections to the
variance application. Per Parks and Natural Resources Commission (PNRC) development review guidelines, this
application was not reviewed by the PNRC because it is a relatively minor (less than 10 %) variance request to the
setback from the OHWL. The subject site is an existing lot of record that was platted and developed prior to the
adoption of shoreland and floodplain regulations. The proposed home has been designed in a manner that reduces
the footprint of the structure and overall impervious surface area from the 2005 variance approval. The applicant
has demonstrated that the proposed development meets the spirit and intent of the shoreland district by meeting
impervious requirements and by establishing shoreline restoration areas adjacent to the lake. The attached variance
guideline policy indicates that the application has met the spirit and intent of the ordinance and that hardship is
present to support granting the requested lakeshore and front yard setback variances. Staff is supportive of the
front yard variance since this home will not appear to be closer to the street than that of adjacent homes. The
adjacent home to the west has a 19.9 foot setback from the right-of-way and the home to the east has a 29.5 foot
setback. This new home will be setback at an average of the two adjacent homes. By keeping the new home closer
to the front lot line, it keeps the rear of the building further from the OHWL.
May 24, 2010
Page 5
The role of the planning commission is to review the technical aspects of the proposal as it relates to the zoning
ordinance. In the case of a variance, the planning commissioner’s role is to determine the merits of the variance
request and whether the request is due to a hardship that would otherwise limit the use of the property to its highest
and best use, or whether the request is a reasonable use of the property considering the ordinances governing the
subject property.
RECOMMENDATION:
Staff recommends that the planning commission recommend to the city council approval of the front yard and
lakeshore setback variance application subject to the following conditions:
1. All landscaping and shoreland buffer plantings shall be installed prior to issuance of a final certificate of
occupancy for the home.
2. The shoreland buffer area once installed shall remain in its native state and not be mowed, cut or fertilized.
The purpose of the buffer area is to filter sediment, materials, and chemicals prior to reaching the lake. All
portions of the shoreland buffer shall be five feet upland of the OHWL (934.5).
3. The reforestation trees (thirteen, 2.5 caliper inch trees) shall be installed as part of the landscaping and buffer
planting. Four of the required 13 trees shall be given to the city for planting within one of the city parks as
directed by the city forester.
5. Efforts shall be made to protect the existing 20’ Spruce tree in the front yard boulevard. This includes the
installation of protective tree fencing prior to beginning work.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “X”
Site Location Map
Pictometry
Other Exhibits (List)
Variance Guideline Policy
Proposed Shoreline Buffer Plantings
2005 Shoreline Buffer Plant List
Exterior Elevation Sheet 1
Exterior Elevation Southwest Sheet 2
Floor Plan Main Floor
Floor Plan Lower Level
Framing Plan
DG g/shared/planning/agenda/2010/P.C. Report
LARGE ATTACHMENTS
Survey for Cecilia Denning/Michael Wech
2005 Approved Plan
POLICY NUMBER 5.285
VARIANCE GUIDELINE POLICY
I.
PURPOSE AND NEED FOR POLICY
The variance guidelines are designed to give the Planning Commission, City Council, staff and applicants a
framework for considering variances, based on policies for development, redevelopment and economic
opportunities as found in City policies, ordinances, and the Comprehensive Plan.
II.
POLICY
Persons intending to make an application for a variance must provide a response to the variance guidelines.
III.
VARIANCE PROCEDURE
A variance may be granted from the literal provisions of the ordinance in instances where their strict
enforcement would cause undue hardship because of circumstances unique to the individual property under
consideration, and to grant variances only when it is demonstrated that the variance will be in keeping with
the spirit and intent of the ordinance.
Undue Hardship means:
IV.
(a)
the property in question cannot be put to a reasonable use if used under conditions allowed by the
official controls,
(b)
the plight of the landowner is due to circumstances unique to the property not created by the
landowner,
(c)
the variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance. (Minnesota Statute §462.357(2) and Burnsville City Code §10-54(A).
GUIDELINES FOR REVIEWING VARIANCE APPLICATIONS
Reasonable use means the landowner would like to use the property in a reasonable manner that is
prohibited by the zoning or subdivision ordinance. In evaluating reasonable use the Planning Commission
and the City Council shall consider factors set forth in Guidelines as follows:
GUIDELINES FOR CONSIDERING VARIANCES
The City Council requested staff to prepare proposed guidelines for considering variance
applications. The purpose of these guidelines is to give staff and applicants a framework for
considering variances, based upon policies for development, redevelopment and economic
opportunities as found in City policies, ordinances, and the Comprehensive Plan. The results
sought to be achieved are:
1.
2.
Greater certainty to staff and applicants on how certain variances will be treated by the
Planning Commission and City Council, and
Have the Planning Commission and City Council identify specific guidelines which will
either increase or decrease a particular variance’s chances of approval, based upon
application of City policies, ordinances, and the Comprehensive Plan.
POLICY NUMBER 5.285
Page 2
INSTRUCTIONS FOR USING GUIDELINES
A positive response to a question (be it a yes or a no) is viewed as a positive factor in favor
of granting the variance.
A negative response to a questions (be it a yes or a no) is viewed as a negative factor in
favor of denial of the variance.
Some questions may not be applicable to a particular application. If a question is not
applicable, it has no bearing on whether the variance should be granted.
No one question is determinative of the issue. The answer to each question is a factor to
consider. Some factors are entitled to more weight than others in making a decision.
A.
When a variance may be granted.
A variance may be granted from the literal provisions of the ordinance in instances where
their strict enforcement would cause undue hardship because of circumstances unique to
the individual property under consideration, and to grant variances only when it is
demonstrated that the variance will be in keeping with the spirit and intent of the
ordinance.
1.
Undue Hardship means: (a) the property in question cannot be put to a reasonable
use if used under conditions allowed by the official controls, (b) the plight of the
landowner is due to circumstances unique to the property not created by the
landowner, (c) and the variance, if granted, will not alter the essential character of
the locality. Economic considerations alone shall not constitute an undue hardship
if reasonable use for the property exists under the terms of the ordinance.
(Minnesota Statute §462.357(2) and Burnsville City Code §10-5-4(A).
a.
Reasonable Use. Reasonable use means the landowner would like to use the
property in a reasonable manner that is prohibited by the zoning or
subdivision ordinance.
Guidelines For Reasonable Use
•
Does the proposed use constitute redevelopment or an upgrade of the subject property? (Yes
+ / No -)
•
Will the proposed use have vehicular approaches which do not create traffic congestion?
(Yes + / No -)
•
Does the proposed use allow for saving of trees or other natural resources?
(Yes + / No -)
•
Does the proposed use cause less harm to natural resources if allowed than would strict
enforcement? (Yes + / No -)
•
Does the proposed use result in a safety improvement to the subject property or the general
public? (Yes + / No -) N/A
2
POLICY NUMBER 5.285
Page 3
•
Does the proposed use provide accessibility to disabled persons or meet ADA requirements?
(Yes + / No -) N/A
•
Will the proposed use have a functional or aesthetic benefit to the property?
(Yes + / No -)
•
Considering the intent of the ordinance from which the variance is sought, does the
proposed use conflict with intent of ordinance? (Yes - / No +)
•
Will the proposed use result in the destruction, loss or damage of a natural, scenic or historic
feature of importance? (Yes - / No +)
•
Will the proposed use have a negative effect on traffic safety? (Yes - / No +)
•
Will the proposed use result in a structure being built in an easement?
(Yes - / No +)
•
Does the proposed use require a variance of more than fifty percent (50%) of the ordinance
requirement? (Yes - / No +)
b.
Circumstances unique to the property, not created by the landowner.
Guidelines For Circumstances Unique to the Property
•
Is the property unique – size, shape, topography, easements or natural resources?
(Yes + / No -)
•
Is the need for the variance the result of governmental action (e.g. a taking)?
(Yes + / No -)
_______________________________________________________________________
•
Is the need for the variance the result of action or inaction of the property owner (i.e. selfcreated)? (Yes - / No +)
•
If the property is a legal nonconforming use, would the nonconformity be enlarged? (Yes / No +)
c.
The variance will not alter the essential character of the locality.
Guidelines For the Essential Character of the Locality
•
Will the proposed use be constructed to be compatible with the existing and intended
character of the area? (Yes + / No -)
•
Will the proposed use be hazardous or disturbing to existing or future neighboring uses?
(Yes - / No +)
B.
Guidelines - Shoreland setback ordinance.
3
POLICY NUMBER 5.285
Page 4
1.
Is the proposed lot an existing conforming lot of record or does it meet the
exception for lot size? (Yes + / No -)
2.
Is the lot now held in separate title from adjoining parcels, and was it also held in
the same title at the time of adoption of the 1994 Ordinance?
(Yes= No variance for lot size required / No -)
3.
Is the proposed use new construction on a vacant lot? (Yes + / No -)
4.
Does the proposed use protect or increase vegetation and infiltration areas? (Yes +
/ No -)
A positive response to a question (be it a yes or a no) is viewed as a positive factor in favor of granting the
variance. A negative response to a questions (be it a yes or a no) is viewed as a negative factor in favor of
denial of the variance.
Some questions may not be applicable to a particular application. If a question is not applicable, it has no
bearing on whether the variance should be granted. No one question is determinative of the issue. The
answer to each question is a factor to consider. Some factors are entitled to more weight than others in
making a decision.
V.
RESPONSIBILTY
An applicant who is applying for a variance will be required to provide responses to the guidelines. Staff
will then use the guidelines in their review of the request and provide these responses as guidance to the
Planning Commission and City Council.
VI.
AUTHORITY
Administrative implementation of policy:
Submitted by: Jenni Faulkner
Reviewed by: Craig Ebeling
Date
Date
This policy replaces Policy No. 5.285 dated October 20, 2000.
4
November 7, 2005
November 7, 2005
PROPOSED SHORELINE BUFFER PLANTINGS
Hello Mike and Cecilia,
Thank you again for attending last night's Blue Thumb Shoreline Rapid
Design Workshop.
As we discussed last night I am interested in
assisting you to select a vibrant and thriving plant community that
will
provide
habitat
and
enjoyment
of
your
new
shoreline.
Unfortunately, your shoreline planting area is part of a requirement
for the City of Burnsville and hence, does not qualify for the cost
share for the program.
The good news is we can easily
in the photo you saw last
modification of plant species
planting plan.
The Minnesota
photo are below:
replicate the aesthetic of the planting
night.
This would simply require a
and planting density of your existing
native species that you saw in that
Transition Zone
Blue Flag Iris
Swamp Milkweed
Softstem Bullrush
Tussock Sedge
Upland
Part to Full Sun Plants (5-6 hours of sun per day)
Side Oats Gramma
Prairie Blazingstar
Purple Prairie Clover
Pale Purple Cone Flower
Yellow Cone Flower
Butterfly Milkweed
Ironweed
Joe Pye Weed
Priairie Smoke
Fox Sedge
Pasque Flower
Part Sun Plant (2-4 hours of sun per day)
Culvers Root
Hispid Sunflower
Canada Tick Trafoil
Anise Hyssop
Wild Ginger
Blue Eye Grass
Boneset
Mikael Isensee, CPESC
Urban Conservationist
Office: 651-480-7781
Dakota County Soil and Water Conservation District
4100 220th Street West, Suite 102
Farmington, MN 55024
http://www.dakotacountyswcd.org
UNAPPROVED PLANNING COMMISSION MINUTES
MAY 24, 2010 MEETING
4.
Hearing - Cecilia Denning for a front yard and lakeshore setback variance for construction
of a new single family home on a vacant lot located at 377 Maple Island Road.
Deb Garross presented an overview of the proposed application and advised that staff recommends
approval of the application as conditioned.
Cece Denning and Michael Wech of 8251 208th St W, Lakeville, were present to answer questions of the
planning commission.
At 7:06 p.m. Manhart asked if members of the audience wanted to speak to the application.
Charles Vanguilder of 209 Valley High Road, indicated that he was the tax assessor for the Town of
Burnsville in 1964/1965 and indicated that he had no issues with the application but inquired about if the
waterline was public or private. Garross advised that the area below the 934.5 contour which is the
ordinary high water mark for Crystal Lake is considered to be public.
The commission requested clarification on the location and maintenance of the shoreline buffer and also
how storm water would be handled on the lot. Garross and Michael Wech identified the location and
proposed function of the buffer areas and that the drainage of the lot would be directed to the shoreline
buffer areas which would treat runoff from the home and yard.
Currier moved and Singh seconded a motion for the planning commission to recommend to the city
council approval a front yard and lakeshore setback variance for construction of a new single family home
on a vacant lot located at 377 Maple Island Road subject to the following conditions:
1. All landscaping and shoreland buffer plantings shall be installed prior to issuance of a final certificate
of occupancy for the home.
2. The shoreland buffer area once installed shall remain in its native state and not be mowed, cut or
fertilized. The purpose of the buffer area is to filter sediment, materials, and chemicals prior to
reaching the lake. All portions of the shoreland buffer shall be five feet upland of the OHWL (934.5).
3. The reforestation trees (thirteen, 2.5 caliper inch trees) shall be installed as part of the landscaping
and buffer planting. Four of the required 13 trees shall be given to the city for planting within one of
the city parks as directed by the city forester.
5. Efforts shall be made to protect the existing 20’ Spruce tree in the front yard boulevard. This includes
the installation of protective tree fencing prior to beginning work.
CITY OF BURNSVILLE
IN RE:
Application of Cecelia Denning for a
Lakeshore and Front Yard Setback
Variance to allow Construction of a New
Single Family Home at 377 Maple Island
Road.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
meeting to consider the above application of Cecelia Denning for a lakeshore and front
yard setback variance to allow for development of a lot with a new single family home to
be located at 377 Maple Island Road.
The Planning Commission reviewed the application on May 24, 2010. The
1.
The property is guided by the comprehensive plan for One Family
Residential land use and is zoned R1/SD, Single Family Residential/Shoreland District.
2.
The property is a lakeshore lot located adjacent to Crystal Lake, which is
designated by the Department of Natural Resources as a “Recreational Development”
public water.
3.
The property was platted as Lot 23, Block 1, Maple Island in 1957 by the
Burnsville Town Board and the plat predates the adoption of Shoreland Management
regulations in 1984 and Floodplain regulations in 1977.
4.
In 2005, the city approved a variance application for Kimberly Sperling on
the property for a 15’ lakeshore setback variance (allowing a home to be located 60’ feet
from the 934.5 ordinary high water mark) and a 6’ front yard variance (allowing a home
to be located 24’ from the front lot line).
5.
The 2005 variance approval included conditions to correct a previous
tree/vegetation clearing violation and required tree replacement of 13 trees of 1-1/2
caliper inches and a shoreland buffer plan to be implemented.
6.
In 2006 Kimberly Sperling received approval from the city council to
extend the variance approval to March 2007 to allow her to sell the lot to Michael Wech
and to provide additional time for the new owner to utilize the variance approval and
construct a new home on the site. No construction occurred on the lot and no request for
additional time extensions were made and therefore pursuant to the ordinance the 2005
variance is void.
7.
The current owner has revised the home plans, reduced the footprint of the
proposed home which allows for increased setbacks to the east and west lot lines and to
the lake, and submitted a new variance application to allow construction of a single
family home located 69’ feet from the O-H-W and 24’ from the front lot line. The
proposed site impervious surface is less than 25% and meets the ordinance.
8.
The variance is reasonable because the applicant has reduced the footprint
of the home increasing the lakeshore setback from 60 to 69’ feet, increased the west side
setback from 6 to 10’ feet and increase the east setback from 10 to 20’ feet and submitted
g:\legal10\ Cecelia Denning FF (10-16)
2
a shoreline restoration plan with plantings that are considered by staff to be superior to
the 2005 plan.
9.
The proposed development will result in planting the required tree
restoration on site and improving site drainage from the 2005 application.
10.
The subject site is unique because it is one of the last vacant lakeshore lots
in the neighborhood, there is hardship because the property was platted prior to adoption
of the ordinance and if the required setbacks were applied, the site could not be
developed in a similar manner as other lakeshore lots in the neighborhood, the proposed
improvements meet the spirit and intent of the ordinance and the smaller home will have
less impact on the lot than the 2005 approved variance application.
11.
The applicant has demonstrated they have met the spirit and intent of the
ordinance through the variance guideline policy (attached to the planning report), the
project will result in restoration of the shoreline and the DNR has no objections to the
application.
DECISION
Applicant’s request for a 6’ variance from the shoreline to allow for a 69’ foot
setback (as opposed to the required 75’ setback from the 934.5 O-H-W of Crystal Lake)
and for a 6’ variance from the north front lot line to allow the home to be setback 24 as
opposed to 30’ feet from the property line, is hereby approved, in accordance with the
plans reviewed, modified, approved, and recorded in Clerk’s Document No. D-10- .
Adopted this 8th day of June, 2010.
3
CITY OF BURNSVILLE
By:
ATTEST:
4
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
06/08/2010
12
__X__ Required by Law ____ Previous Council Action _____ Council Theme ______ Housekeeping
PRESENTERS:
Jack Gerten, St. Paul Farmers Market Manager
ITEM:
Consider Approval of an Application for Minnesota Valley Transit Authority for an Interim Use Permit to allow a
farmers market located at 100 East Highway 13; and Consider Findings of Fact, Interim Use Permit and Waiving
Application Fees.
Adopt the Findings of Fact; Approve the Interim Use Permit
The applicant has requested the required filing fees and escrow deposit for the project are waived. This is a policy
decision by the City Council and therefore was not discussed by the Planning Commission. The 2010 Fee
Schedule requires a $675.00 filing fee with each land use application. Staff estimates the time charged to the
escrow account for the project will be approximately $800.
STAFF RECOMMENDATION: N/A
The planning commission held a public hearing on May 24, 2010. Staff provided a brief overview of the project
and acknowledged the applicant was in attendance to answer questions of the. The commission was supportive of
the application.
No one from the public spoke either for or against the application.
The planning commission voted (5 - 0) to recommend to the city council approval of the Interim Use Permit for a
farmers market located at 100 East Highway 13 with the following condition:
1. The Interim Use Permit for the farmers market shall expire on November 1, 2010
LEGAL DOCUMENTS:
Unless otherwise noted by the City Council at the meeting, the City Council motion of approval of this item is to
approve the conditions as recommended by the Planning Commission and to direct staff to incorporate the
conditions into the following legal documents as well as provide direction on waiving of the application fee.
MVTA – St Paul Farmers Market
June 8, 2010
Page 2 of 2
Development Contract
PUD Agreement
PUD Release
ATTACHMENTS:
Findings of Fact
Other Exhibits:
CS
Interim Use Permit
Ordinance
Ordinance Summary
Resolution
Variance
B-3
gh
i
H
y
a
w
13
ll
Nico
B-3
ue
n
e
v
et A
B-3
HOC
MVTA
100 Highway 13 E.
Zoned: B-3. General Business
Minnesota Valley Transit Authority
.
City of Burnsville
PLANNING DEPARTMENT
952-895-4455 Fax: 952-895-4453
File: 10-14
North
Pictometry
Minnesota Valley Transit Authority
CITY OF BURNSVILLE
Agenda Item:
Meeting Date:
Project No.:
5
05/24/2010
10-14
PRESENTERS:
Chris Slania, Planner
Jack Gerten, St. Paul Farmers Market Manager
ITEM:
Public Hearing - Minnesota Valley Transit Authority for an Interim Use Permit for a farmers market located at 100
East Highway 13.
04/21/2010
06/20/2010
BACKGROUND OVERVIEW:
Minnesota Valley Transit Authority (MVTA), the property owner, has requested approval of an Interim Use Permit
(IUP) to allow the St. Paul Farmers Market to operate in the parking lot located at 100 East Highway 13. The
MVTA site is located at the northeast corner of Nicollet Avenue and Highway 13. The proposed market would
operate on Saturday mornings from June to the end of October utilizing 98 parking stalls nearest the Nicollet
Avenue Highway 13 intersection.
The subject property and properties to the north, east and west are zoned B-3, General Business. The property to
the south, across Hwy 13, is zoned HOC. The site is guided Business/Retail/Office in the current Comprehensive
Plan and the draft 2030 Comprehensive Plan. Farmers markets are an Interim Use in the B-3 District.
HISTORY:
The farmers market began operating in Burnsville in 1998 through an IUP. At that time they were known as the St.
Paul Growers Association and first set up at the MVTA. The proposed site layout within the parking lot is the
same as the 1998 approved location.
After operating for one year the St. Paul Growers Association relocated to a more pedestrian friendly location at
the Diamondhead Education Center along Burnsville Parkway. The market has been back to the center every year
since and has become a great amenity to Heart of the City and the Burnsville community. Due to the significant
street reconstruction project for Burnsville Parkway this summer the Farmers Market has requested approval to
operate in the Minnesota Valley Transit Authority parking lot this year. The 1998 IUP expired therefore a new
application was submitted. They anticipate moving back to their location at the Diamond Head Education Center
on Burnsville Parkway in 2011.
PUD BENEFITS: N/A
PUD DEVIATIONS: N/A
No ordinance deviations are requested with the proposal.
VARIANCE HARDSHIP: N/A
May 24, 2010
Page 2
Existing Parking:
Occupied by Market:
Remaining Parking:
+ 1,300 Stalls
98 Stalls
+ 1,200 Stalls
IUP DETAILS:
The proposed market satisfies the required performance standards outlined in the ordinance for size of parking lot,
distance from residential, signage, lighting and site layout. The market is proposed to be open from June 26, 2010
through October 30, 2010. The hours they are proposed to be open on Saturdays are from 7:00 a.m. to noon.
The market will have anywhere from 30 to 40 vendors/producers. Approximately six percent (6%) of the vendors
will sell bakery items with other value added items such as honey and cheeses. Approximately seventy-four
percent (74%) of the vendors will be selling vegetables and fruits, and twenty percent (20%) cut flowers/seasonal
bedding plants. All products sold at the market will have been made or grown by the vendor/producer and will be
verified by the St. Paul Farmers Market Manager. The vendors/producers are responsible to clean up their area
before they leave the property.
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE: N/A
TREE PRESERVATION: N/A
PARKING / LOADING:
A majority of the vendors transport their goods in a cube (U-Haul type) truck. The balance use pickup truck or
vans. The MVTA facility provides a vast amount of parking with very little being used on the weekends making it
ideal for the use. The site provides 1,300 parking stalls. The applicant will occupy 98 providing surplus of
available parking and satisfying the ordinance.
LANDSCAPING: N/A
SCREENING: N/A
SIGNAGE:
The Interim Use criteria does allow one sign up to 32 sq. ft. in size. Due to the temporary relocation from
Diamondhead Center the applicant is proposing an easily portable 6 sq. ft. sign for the 2010 season at the MVTA
site.
LIGHTING:
The proposal has no changes to the existing site lighting.
May 24, 2010
Page 3
ENGINEERING CONSIDERATIONS:
The proposed farmer’s market will not be operating during the weekday peak traffic hours. Therefore traffic
conditions are expected to remain satisfactory during operating hours.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
There are no issues from the Police, Fire or Inspections Departments.
The proposed application meets all standards in the zoning ordinance and the applicant has agreed to comply with
all the operational requirements for the market. Planning staff is in support of the proposed IUP.
The role of the Planning Commission is to review the technical aspects of the proposal as it relates to the Zoning
Ordinance and the Comprehensive Plan.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council approval of an application for an
Interim Use Permit (IUP) to allow the St. Paul Farmers Market to operate in the MVTA parking lot located at 100
East Highway 13 conditioned on the following:
1. The Interim Use Permit for the farmer’s market shall expire on November 1, 2010.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “X”
Site Location Map
Pictometry
Aerial Photo
Site Plan
CS
g:\planning\agenda\pc\2010\05-24-10\mvta - market\pc report.docx
LARGE ATTACHMENTS
Boundary Survey
Preliminary Plat
Final Plat
Site Plan
Grading Plan
Building Elevations
Floor Plans
Tree Inventory
Landscape Plan
Roof-top Screening
Lighting Plan
UNAPPROVED MINUTES OF THE
MAY 24, 2010 PLANNING COMMISSION MEETING
5.
Public Hearing - Minnesota Valley Transit Authority for an Interim Use Permit for a
farmers market located at 100 East Highway 13.
Deb Garross presented an overview of the proposed application and that staff recommends approval of
the application as conditioned.
The commissioners questioned the area where buses are routed and if there would be impacts to the
public attending the farmers market, the location of restrooms, and if there would be any issues with
traffic and parking during the State Fair. The commissioners also indicated that they are excited that the
farmers market will be open and thought that the MVTA site was a great location because of the public
exposure to Highway 13 and that the site was accessible by the new trail on the north side of the highway.
Robin Selvig, representing the MVTA, 100 E. Highway 13, Burnsville, and Jack Gerten with the St. Paul
Farmers Market, 290 5th St E., St Paul, were present to answer questions of the planning commission and
advised that buses are routed through a different area of the site than public vehicles, that the restrooms
within the MVTA building would be utilized and that there has not been nor is there anticipated to be any
issues accommodating both State Fair parking and that needed for the farmers market.
At 7:25 p.m. Manhart opened the public hearing.
No members of the public spoke.
At 7:26 p.m. Manhart closed the public hearing.
Singh moved and Teiken seconded a motion for the planning commission to recommend to the city
council approval of the Interim Use Permit for a farmers market located at 100 East Highway 13 with the
following condition:
1. The Interim Use Permit for the farmers market shall expire on November 1, 2010
CITY OF BURNSVILLE
IN RE:
Application of the Minnesota Valley
Transit Authority for an Interim Use Permit
to allow a farmers market located at 100
East Highway 13.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
meeting to consider the above application of the Minnesota Valley Transit Authority for
an Interim Use Permit to allow a farmers market located at 100 East Highway 13.
The Planning Commission held a public hearing on the application. The
1.
The subject property is zoned B-3, PUD (General Business, Planned Unit
Development).
2.
The site is guided Business/Retail/Office in the current Comprehensive
Plan and the draft 2030 Comprehensive Plan.
3.
A farmer’s market is allowed as an Interim Use in the B-3 zoning district.
4.
The farmer’s market meets all standards under the Interim Use Permit
5.
All products sold at the farmer’s market will be home grown by the
(IUP).
vendor/producer.
6.
The market has received previous Interim Use approval and operated at
the MVTA site in 1998. The site layout within the parking lot is the same as the 1998
approved location.
7.
The site provides 1,300 parking stalls. The market will occupy 98 stalls at
off-peak MVTA time providing a surplus of available parking and satisfying the
ordinance.
8.
No deviations are being requested.
DECISION
Applicant’s request for a Interim Use Permit to allow a farmers market, is hereby
approved, in accordance with the plans reviewed, modified, approved, and recorded in
Clerk’s Document No. D-10Adopted this 8th day of June, 2010.
CITY OF BURNSVILLE
By:
ATTEST:
g:\agenda\planning\2010\06-08\12 - mvta\8 - findings
of fact.docx
2
CITY OF BURNSVILLE
ACTION:
_____ New Policy
_____ Required by Law
Meeting Date
Item number
06/08/2010
13
___X___ Present Policy
______ Housekeeping
PRESENTER
Mayor Elizabeth B. Kautz
ITEM
Consider Appointments to Committees/Commissions.
Appoint members to the Committees and Commissions.
FACTS
On May 20 and 27, 2010, the Council conducted interviews for June appointments to the Standing Commissions
and Advisory Boards. Most of the terms are for three years, ending in June 2013, excepting those unexpired terms
that are being filled due to vacancy or appointment of an alternate to a regular member position. The interviews
were followed by discussion of the merits of the candidates in preparation for the appointments.
Appointments for the newly formed Burnsville Performing Arts Center Advisory Commission are still under
discussion and are currently scheduled for Tuesday, June 22, 2010.
ATTACHMENT
Committee Openings and Applicants
mlb
COMMITTEE/COMMISSION OPENINGS
June 2010
HOC Design Review Committee:
1 Chamber/1 Architect Member – term ending 6/2013
Reapplied – Sandra Schlaefer (Chamber) Applied – Laura Madsen (or PC)
David Cherner (Any)
Parks & Natural Resources Commission:
1 Youth Members – terms ending 6/2011 (None applied)
2 Regular Members – terms ending 6/2013
1 Regular Member – term ending 6/2012
Reapplied – John Dedzej
Applied – Don Matthys
Julie McNally
John Goth
Matthew Arthur (or Planning)
Jane Kansier
John Gehrke
Charles VanGuilder (or Planning, EDC)
Brian Wolff
Ralph Hardgrove (or EDC)
David Cherner (Any)
Planning Commission:
Reapplied – Steve Manhart
DeeDee Currier
Applied – Rick Lavelle
Joseph O’Neill
Laura Madsen (or HOC DRC)
Matthew Arthur (or PNRC)
Charles VanGuilder (or PNRC, EDC)
Joey White
Joy Cherney
David Cherner (Any)
Economic Development Commission:
Reapplied – Rich VanderLaan
Applied – Abou Mamah
Chander Wahi
Ari Silkey
Jon Seybold
Shane McCartney
Marci Gerulis-Darcy
Charles VanGuilder (or PNRC, Planning)
Sandra Sweep
Ralph Hardgrove (or PNRC)
David Cherner (Any)

BURNSVILLE CITY COUNCIL

Transcription

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