BURNSVILLE CITY COUNCIL FINAL AGENDA

Transcription

BURNSVILLE CITY COUNCIL
FINAL AGENDA - REGULAR MEETING
MONDAY, MARCH 17, 2008 - 7:00 p.m.
BURNSVILLE CITY HALL
100 CIVIC CENTER PARKWAY
Mayor
Councilmembers
7:00 p.m.
Elizabeth Kautz
Charlie Crichton
Dan Gustafson
Dan Kealey
Liz Workman
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.
Announcements and Proclamations
• Proclamation Honoring Jim Marchessault for being named Minnesota Small Business Person of the
Year by the Minnesota Small Business Administration
2.
Citizen Comments
3.
Additions to the Final Agenda
CONSENT AGENDA
Approximate time:
7:10 p.m.
4A.
Consider Approval of Minutes.
B.
Consider Approval of Claims Listing.
C.
Consider Authorizing Execution of Agreement with Diamond Officials of Burnsville
Umpire Association for the 2008 Summer and Fall Softball Season.
D.
Consider Approval for Portable Toilet Services for City Parks and Recreation Programs for
2008.
E.
Continued from February 19, 2008 – Consider Approval of Contract with EOR
Consulting Firm to Develop a Sustainability Plan.
F.
Consider Resolution in Support of Participation in County-Wide Greening Initiative.
G.
Consider Accepting Bids and Award Contracts for the 2008-2009 Street Maintenance
Materials (08-303).
H.
Consider Approval of an Application for IRET Properties, LLP for a Conditional Use
Permit to allow Outdoor Storage of Construction Materials to be Located at 11351 Rupp
Drive; and Consider Findings of Fact and Conditional Use Permit.
REGULAR AGENDA
7:15 p.m.
5.
Regular Meeting of the Economic Development Authority (EDA).
7:20 p.m.
6.
Miscellaneous.
7.
Adjournment.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item Number
03/17/2008
1
Council Meetings:
Mon., April 7, 7:00 p.m.
Worksession Meeting:
Tues., April 15, 6:30 p.m.
Governance Meeting:
CANCELLED - Tues, March 25
Special Worksession:
Tues, March 25, 6:15pm
•
Proclamation Honoring Jim Marchessault for being named
Minnesota Small Business Person of the Year by the
Minnesota Small Business Administration.
PROCLAMATION
HONORING JIM MARCHESSAULT AS MINNESOTA
SMALL BUSINESS PERSON OF THE YEAR
WHEREAS, Burnsville is the proud home to over 2200 businesses, the majority of which are
classified as small businesses; and
WHEREAS, Burnsville’s Jim Marchessault, CEO of Business Card Service, Inc, was named
as Minnesota’s Small Business Person of the Year by the United States Small
Business Association; and
WHEREAS, In a printing industry which has seen consolidation, Jim Marchessault has focused
on customer service and a support structure of highly motivated employees to
build business success; and
WHEREAS, At a time when many manufacturing jobs are being lost to offshore producers, Jim
Marchessault continues to find new customers and increase the sales of his
Burnsville based company; and
WHEREAS, Jim Marchessault has taken a leadership role in guiding Business Card Service,
Inc through three expansions in Burnsville; and
WHEREAS, Jim Marchessault’s commitment to improving the quality of life for all Burnsville
residents and businesses includes service as a past chair of both the Burnsville
Firemuster and the Burnsville Chamber of Commerce;
NOW THEREFORE, I, Elizabeth B. Kautz, Mayor, on behalf of the City Council, recognize
Jim Marchessault as Minnesota’s Small Business Person of the Year. We extend our appreciation
for his contributions to the community and best wishes to Jim Marchessault for a successful
future.
PROCLAIMED this 17th day of March 2008.
Elizabeth B. Kautz, Mayor
CITY OF BURNSVILLE
Regular Meeting
March 3, 2008
The City Council of the City of Burnsville met in regular session at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 3rd day of March, 2008.
The meeting was called to order by Mayor Kautz at 7:00 p.m.
The Pledge of Allegiance was preceded by a moment of silence.
Present:
Absent:
1.
Crichton, Gustafson, Kautz, Kealey, Workman
None
Announcements and Proclamations.
Council Meetings:
Mon., March 17, 7:00 p.m.
Worksession Meeting: Tues., March 11, 6:30 p.m.
Governance Meeting: Tues, March 25, 7:00 p.m.
•
•
2.
Burnsville Community Foundation Presents Donation to the City for Holiday Lighting and
Snowflakes.
Present Awards of Valor to David Struckman and Sharon More.
Citizen Comments.
Cliff Volkmann, 1105 W 139th Street, appeared before the Council to comment on the proposed
Parking Deck in the Heart of the City.
3.
Additions to the Final Agenda.
There were no additions to the Final Agenda.
CONSENT AGENDA
Councilmember Kealey requested the following items be removed from Consent Agenda for discussion.
• Item 4J (Project Budget to Construct a Parking Deck in the Heart of the City)
• Item 4L (Award of Bid for the Maintenance Building Expansion)
• Item 4M (Awarding Contract for the 2008 Well Rehabilitation Program)
Motion by Gustafson, seconded by Crichton, that the following Consent Agenda items (listed as A–O) be
approved as presented. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion
carried.
2
COUNCIL MINUTES
Regular Meeting
March 3, 2008
CONSENT AGENDA (continued)
4A.
Consider Approval of Minutes.
Approved the City Council minutes of February 19, 2008 as submitted.
4B.
Approved the listing of claims in the submitted amount of $7,745,295.06.
4C.
Consider Resolution Accepting the Limits on the Municipal Tort Liability as Established by
Minnesota Statutes for the 2008 LMCIT Insurance Programs.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5653
RESOLUTION ACCEPTING THE LIMITS FOR THE MUNICIPAL TORT
LIABILITY AS ESTABLISHED BY MINNESOTA STATUTES FOR
THE 2008 LMCIT INSURANCE PROGRAM
4D.
Consider Authorizing the Purchase of Insurance Policies for 2008.
Approved the LMCIT insurance package for liability, property, and workers compensation insurance
for 2008.
4E.
Consider Approval of Master Group Contracts for Health Insurance with Medica Insurance
Company for the 2008 Calendar Year.
Approved the Master Group Contracts for Medica Insurance Company for 2008 health insurance.
4F.
Consider Accepting Bids and Awarding Contract for Purchase of New Self Contained Breathing
Apparatus (SCBA).
Accepted bids and authorized staff to purchase new Self Contained Breathing Apparatus (SCBA) for
$154,821.80.
4G.
Consider Approval to Apply for the Department of Homeland Security – 2008 Assistance to
Firefighters Grants (AFG) to Offset Costs of Vehicle Exhaust Mitigation.
Approved the grant application for the Department of Homeland Security – 2008 Assistance to
Firefighters Grant (AFG) up to the amount of $110,000.
3
COUNCIL MINUTES
Regular Meeting
March 3, 2008
CONSENT AGENDA (continued)
4H.
Consider Authorizing Expenditures for the Purchase and Installation of Two Replacement Play
Equipment Units.
Authorized the purchase of replacement play equipment units in Crosstown East Park from
Clearwater Recreation, LLC and in the amount of $27,500 and in Leisure Park from Flanagan Sales,
Inc., in the amount of $27,500.
4I.
Consider Authorizing Expenditures for the Replacement of Ramp at the Skate Park.
Authorized the purchase of a replacement skate ramp from Ramp America Company in the amount
of $49,880.03.
4J.
Item removed for discussion.
4K.
Consider Approving Plans and Specifications, and Ordering Advertisement for Bids for the
Burnhaven Dr. /Southcross Dr. Street Lighting Project (08-202).
Approved plans and specifications and ordered advertisement for bids for the Burnhaven
Drive/Southcross Drive Street Lighting Project (08-202).
4L.
4M.
4N.
Consider Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
the Burnsville Center Area Ponding Project (07-103).
Adopted the following resolution, which will become part of the official records:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
Burnsville Center Area Ponding Project (07-103)
4O.
Consider Authorizing Advertisements for Bids for SCADA System Upgrades (07-321) and Fiber
Optics Loop Installation (08-315) and Approval of an Engineering Services Contract for the SCADA
System Programming.
Authorized advertisements for bids for the SCADA System Upgrades project (07-321) and the Fiber
Optics Loop Installation project (08-315) and approved the engineering services contract with AE2S.
4
COUNCIL MINUTES
Regular Meeting
March 3, 2008
ITEM(S) REMOVED FROM CONSENT AGENDA
4J.
Consider Approval of Project Budget to Construct a Parking Deck in the Heart of the City (HOCPD), Approval of Contract for Architectural and Engineering Services, and Adoption of Resolution
Indicating Intent to Reimburse Project Costs with Bonds (08-314)
Motion by Crichton, seconded by Kealey, to table for this item until March 17, 2008 to allow for staff
negotiations with Ruhr Development. Ayes: Crichton, Kealey. Nays: Gustafson, Kautz, Workman. Motion
failed.
Motion by Gustafson, seconded by Workman, to approve the project budget to for the Heart of the City
Parking Deck (08-314), approved a contract with Bolton & Menk, Inc. for architectural and engineering
services, and adopted the following resolution, which will become part of the official records:
RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF BURNSVILLE
TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS
TO BE ISSUED BY THE CITY
Poll of Votes: Ayes: Gustafson, Kautz, Workman. Nays: Crichton, Kealey. Motion carried.
4L.
Consider Award of Bid for the Maintenance Building Expansion (07-309).
Motion by Kealey, seconded by Gustafson, to accept the bids for the Maintenance Building Expansion
project (07-309) and awarded contract to Jorgenson Construction, Inc. in the amount of $2,767,500 including
all alternates except Alt No. 5. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None.
Motion carried.
4M.
Consider Accepting Bid and Awarding Contract for the 2008 Well Rehabilitation Program (08-309).
Motion by Kealey, seconded by Crichton, to accept the bids for the 2008 Well Rehabilitation Project (08309) and awarded contract to Keys Well Drilling Company in the amount of $104,655 for rehabilitation of
Well No. 4 and Well No. 13. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion
carried.
REGULAR AGENDA
5.
Public Hearing – Consider Resolution Ordering Improvements and Approving Plans and
Specifications and Ordering Advertisement for Bids for 2008 Reconstruction & Rehabilitation
Projects (08-101 & 08-102), 2008 Street Repair of Watermain and Contract Patching (08-302), 2008
Park Improvements (08-402), and River Hills Storm Sewer Improvements (08-307).
A public hearing for 2008 Reconstruction (08-101) was conducted.
The public hearing was opened at 7:41 p.m. No one appeared before the Council. The Mayor declared the
public hearing closed at 7:41 p.m.
5
COUNCIL MINUTES
Regular Meeting
March 3, 2008
5.
Public Hearing – Consider Resolution Ordering Improvements and Approving Plans and
Specifications and Ordering Advertisement for Bids for 2008 Reconstruction & Rehabilitation
Projects….(continued)
Motion by Kealey, seconded by Workman, to adopt the following resolution, which will become part of the
official records:
RESOLUTION ORDERING IMPROVEMENTS AND APPROVING
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
2008 Reconstruction Projects (08-101)
2008 Street Repair of Watermain and Contract Patching (08-302)
2008 Park Improvements
River Hills Storm Sewer Improvements (08-307)
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Kealey, and Workman. Nays – None. Motion carried.
A public hearing for 2008 Street Rehabilitation was conducted.
The public hearing was opened at 7:45 p.m.
The following person(s) appeared before the Council: Steve Dale, 1216 Earley Shores Lane
The Mayor declared the public hearing closed at 7:47 p.m.
Motion by Crichton, seconded by Gustafson, to adopt the following resolution, which will become part of the
official records:
RESOLUTION ORDERING IMPROVEMENTS AND APPROVING
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
2008 Rehabilitation Projects (08-102)
Burnsville Center Ponding Project (07-103)
Burnhaven Drive and Southcross Drive Streetlighting Improvements (08-202)
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Kealey, and Workman. Nays – None. Motion carried.
6.
Consider Adoption of the 2008 Economic Growth Committee Work Plan
Marcus Thomas, Economic Growth Committee Chair, presented the 2008 Work Plan for the Economic
Growth Committee.
Motion by Gustafson, seconded by Workman, to approve the Economic Growth Committee Work Plan for
2008. Ayes – Crichton, Gustafson, Kautz, Kealey, and Workman. Nays – None. Motion carried.
COUNCIL MINUTES
Regular Meeting
March 3, 2008
7.
6
Consider Approval of an Application for Carmax Auto Superstores, Inc. for Preliminary and Final
Plat Approval of a One Lot Subdivision to be Known as CARMAX BURNSVILLE ADDITION,
and a Conditional Use Permit for Impervious Surface Coverage and the Outdoor Storage, Display
and Sale of Motor Vehicles for Carmax to be Located at 14600 Burnhaven Drive; and Consider
Findings of Fact, Conditional Use Permit and Development Contract.
The following person(s) appeared before the Council to speak to this application:
Joe Jagdmann, CarMax Real Estate Manager, Applicant
John Clough, 1034 Earley Lake Place
The Council wished to include a condition that semi transports shall not be stored on site longer than 24
hours. In the event semis are on site overnight, engines shall not run for extended periods of time. Also, the
applicant shall obtain the appropriate state approvals and permits prior to installation of the underground fuel
tank.
Mayor Kautz requested the record reflect she was not supportive of the development as proposed, however
felt compelled to vote in favor of the application as advised by the City Attorney.
Motion by Crichton, seconded by Kealey, to approve a Conditional Use Permit and Development Contract
for Carmax Auto Superstores, Inc., including the Final Plat of CARMAX BURNSVILLE ADDITION, for
the property located at 14600 Burnhaven Drive; and adopt the Findings of Fact. Ayes – Crichton, Kealey,
Kautz. Nays – Gustafson, Workman. Motion carried.
D-08-17
8.
Adjournment.
Motion by Kealey, seconded by Crichton, to adjourn the meeting at 9:08 p.m. Ayes – Crichton, Gustafson,
Kautz, Kealey, Workman. Nays – None. Motion carried.
______________________________________
Macheal Brooks, Deputy City Clerk
Approved by the City Council of the City of Burnsville this 17th day of March, 2008.
_______________________________________
CITY OF BURNSVILLE
WORKSESSION MINUTES
MARCH 11, 2008
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 March, 2008.
The meeting was called to order at 6:30 p.m. by Mayor Kautz.
Council Present:
Council Absent:
Staff Present:
Others Present:
C. Crichton, E. Kautz, L. Workman
D. Gustafson, D. Kealey
C. Ebeling, T. Omdal, T. Hansen, V. Green, J. Faulkner, B. Dalrymple, B.
Osmundson, C. Slania
J. Gessner, W. Larson, E. Delmoro, A. Poehler, S. Cummins, R. Cummins, R.
Swanson, S. Briggs, E. Delmoro, V. Turner, M. Thomas, R. Vanderlaan, W.
Huelskoetter, K. Slipka
ITEM 1. INTRODUCTION OF VENUWORKS PAC MANAGER WOLF LARSON
Tom Hansen, Deputy City Manager, introduced Wolf Larson, recently hired by VenuWorks as the
Executive Director for the Burnsville Performing Arts Center. Mr. Larson expects to begin his official
duties on Monday, March 31st and his office will be temporarily located downstairs in City Hall. The
Council welcomed Mr. Larson to Burnsville and stated that they look forward to working with him in the
future.
Tom also introduced Roger Swanson, also a VenuWorks employee, who will join Wolf Larson for the
next several months. Roger’s work will involve securing sponsorships and raising funds for the PAC.
ITEM 2. UPDATE ON “I LOVE BURNSVILLE” WEEK
Bridget Dalrymple, Special Projects Coordinator, presented an update on “ Love Burnsville” week. The
event is a week-long community celebration of events and activities scheduled for Saturday, May 31
through June 7, 2008. Bridget explained that activities are planned with something to appeal to our
diverse population. Based on the council’s stated Ends and Outcomes, “I Love Burnsville” week will
strengthen and connect our neighborhoods, provide opportunities for a healthy city and promote
sustainability. The week will also include events sponsored by outside organizations such as the YMCA,
Waste Management, ISD #191, Buck Hill, and the Senior Center.
Council discussed the following issues:
Planning an event in Nicollet Commons Park for the evening of Wednesday, June 4.
The activities highlight many of the City’s initiatives such as Healthy City and Sustainability and
focus on stated objectives in the Ends and Outcomes document
Marketing and communication is key.
ITEM 3. HEART OF THE CITY PARKING DECK (HOC-PD) UPDATE
Bud Osmundson, Public Works Director/City Engineer and Jenni Faulkner, Community Development
Director presented an update on the preliminary design and tentative schedule of the Heart of the City
Parking Deck project. Marcus Thomas, Economic Growth Committee Chairman, was on hand to answer
questions.
WORKSESSION MINUTES
2
March 11, 2008
ITEM 3. HEART OF THE CITY PARKING DECK (HOC-PD) UPDATE (continued)
The submittal is expected to be received by the Planning Department tomorrow with approvals expected
to go to Council on May 5. The process will move forward on a dual track with the PUD and Plat
submittal at the same time to ensure the parking ramp will be ready when the PAC is completed. The
proposed structure will have a total of 360 parking stalls on two levels.
Council discussed the following project issues:
• Concern about handicap parking. They suggested more parking at street level to provide easy
access to the Performing Arts Center and Nicollet Commons Park.
• Are the stairs enclosed – yes, except for the “fire escape”
• Separate accessibility to upper and lower deck
• Traffic flow at entrance and exits
• Unused space to the north of the ramp
• Think about curb appeal in the winter
• Compatibility with the architectural features of other buildings in the HOC
• Safety measures within budget
• Concern about headlights shining on residential areas on the east side
Council directed staff to consider the issues discussed as they proceed with the plans.
ITEM 4. ASSISTED LIVING PARK DEDICATION REQUIREMENTS
Bud Osmundson, Public Works Director/City Engineer, reported on the park dedication costs associated
with the proposed Presbyterian Homes development. This type of park dedication is not specified in
ordinance or policy and is an interpretation of the existing policy. Staff wants to make sure the Council is
comfortable with this policy before addressing it in detail with the developer.
Council discussed the following issues:
• Assisted living should be looked at as a business.
Council directed staff to treat the assisted living portion of the development as a business and apply the
commercial industrial land formula for that portion.
ITEM 5. ROUNDTABLE
¾
Update on Bus Bench Ordinance / RFP
Bud Osmundson, Public Works Director/City Engineer, provided an update on progress with
Dakota County regarding the interim Bus Bench Ordinance. Bud reported that he was contacted
this week by the County requesting our input into an ordinance they are drafting to bring to the
County Commissioners. This still does not put us any closer to a resolution than from a year ago.
Jenni Faulkner stated that not all cities want advertising on their bus benches. Creating a uniform
policy throughout the County is extremely challenging. At the present time the issue is stalled at
the County. The last ordinance was written to extend it every six months until the RFP process
begins.
Council accepted staff’s report.
WORKSESSION MINUTES
3
March 11, 2008
ITEM 5. ROUNDTABLE (continued)
¾
Request for monument sign at Champs
Champ’s Restaurant requested a permit to put up a monument sign. The Mayor inquired whether
the City was aware of the request and noted that she had heard the County denied it because it does
not satisfy the County’s 100 ft. setback requirement. Mayor Kautz noted that other establishments
in the City have monument signs without the 100 ft. setback. She directed staff to contact the
County for an explanation of the 100 ft. setback for this property, report back to the Council, and
notify Champs of their findings.
¾
Concessions in Nicollet Commons Park
Staff reported that Tillie, Willie & Jo’s have not decided to renew their permit and are considering
selling the concession wagon. The Recreation staff did some analysis on what it would take for the
City to take over operation of the concession wagon. At this point in time, it does not appear that
would be profitable, however, with the opening of the PAC it should be a good business
opportunity.
Council expressed no interest in pursuing City operation of the concession wagon
¾
Request for Naming Public Facility, Park, or Street
Mayor Kautz said that only one of the City’s founding fathers has not been recognized with a street
or park named after them. She reported that perhaps only three of the original settlers still living
and she would like to see one in particular recognized by renaming a park in an area near where his
family farm was located. Our policy states that the renaming of a park should be in memoriam.
Mayor Kautz argued that this person was on the founding Planning Commission for this City and
on the School Board so there is a direct historical implication.
The Council consensus was to submit the request to the PNRC with the facts of historical
significance for a recommendation to the Council.
¾
Schedule Special Worksessions
Council consensus to schedule a Special Worksession for 6:15 p.m. on March 25, 2008 to interview
Mr. Nelson Fitchett for the Alternate Member position on the Parks & Natural Resources
Commission.
Council consensus to schedule a Special Worksession for 5:00 p.m. on April 29, 2008 to review the
Comprehensive Plan.
¾
Permitted Uses in B-3 Zoning Districts
Liz Workman expressed concern over some of the issues brought about at the March 3 Council
Meeting on the Carmax application agenda item. The Council concurred and discussed the
following issues:
o Under the law, in a CUP with permitted uses, the City has no authority
o The need to look at developments abutting residential areas and the impact of intense use
on residents and their quality of life.
o Clearly define definitions and parameters.
o The possibility of imposing a moratorium on the B3 zoning while considering the issue
through the Governance process.
WORKSESSION MINUTES
4
March 11, 2008
ITEM 5. ROUNDTABLE (continued)
Council directed staff to:
o Clearly define wholesale and auction and where they can be allowed
o Gather information on how many B3 properties in the city that are in development or
redevelopment that abut residential or shore land and/or auction issues
Craig Ebeling said staff will bring several options to a future Worksession.
¾
Dan Patch Line
Craig Ebeling reported he was contacted by the AMM for the City of Burnsville’s position on the
Dan Patch Line as a possible commuter rail line. The response of the Council is “no opinion.”
¾
Reports on Advisory Boards & External Organizations
Liz Workman
• TAB
o Liz had concerns over the change in the cost of the 5/13 project form 24 mil. to 42 mil.
Part of the criteria in judging the projects is in part based on price. It appears to be a
typographical error in transposing the numbers but Liz was concerned that the error
might have cost us to lose funding or be placed lower than other projects.
• 35W Solutions - Next meeting on Thursday, March 13.
• Convention & Visitors Bureau meets next Thursday, March 20
o Liz requested the Chamber arrange meetings with two of the local general managers to
discuss the concept of hotel/motel licensing.
• Sioux Trail Site - Switch Program update.
Charlie Crichton
• Fire Muster – meeting tomorrow
• Multi-Family Housing Managers – meeting tomorrow
o Training for Managers in Apple Valley last week
Mayor Kautz
• Minnesota Valley Transit Authority
o The transition from Laidlaw to Schmittys at both Metro Transit Garages went very
smoothly. There are some issues with federal regulations regarding the grant on the
purchase of the Watson property in Apple Valley that is holding up demolition on the
property.
• Municipal Legislative Commission
o At the breakfast meeting last Friday the legislative agenda was given. The biggest
legislative issues this year for our City is on Market value homestead credit and the
discussion on fiscal disparities and levy limits.
• Suburban Transit Authority - No meeting.
• DCC
o Strategic Summit – Thursday morning, March 13
o Fully operational and things are going fairly well despite a few issues.
• THE GARAGE Advisory Committee
o A meeting was held last night with the new Board.
• International Festival Board
o Plans are moving ahead. The talents are all in place.
WORKSESSION MINUTES
March 11, 2008
The meeting was adjourned at 8:49 p.m.
Respectfully submitted,
_________________________________________
Approved by the City Council of the City of Burnsville this 17th day of March, 2008.
__________________________________________
5
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date 3/17/2008
Item number
consent 4B
_____ Clarification/Revision of Past Policy
_____ Previous Council Action
______ Present Policy
______ Council Theme
______ Housekeeping
ITEM
POLICY DECISION/ACTION TO BE CONSIDERED
It is recommended that the Council approve the Claims listing in the amount of $5,189,117.34.
ATTACHMENTS
Claims Listing
hb/eb
CITY COUNCIL
Claims Listing
Council Meeting: March 17, 2008
Claims Period: 2/29 - 3/13/08
Check / Wire Date
CLAIMS PAID
02/26/08
02/29/08
02/29/08
02/29/08
02/29/08
02/29/08
03/03/08
03/03/08
03/04/08
03/05/08
03/07/08
03/07/08
03/07/08
03/07/08
03/07/08
03/10/08
03/10/08
03/10/08
03/11/08
03/11/08
37,948.25 **
123,996.67
1,297,925.78
122,112.51
3,136.71
218.12
206.35
15,312.45
66,187.30
(162.12)
27292.4
615,131.74
7,671.87
498.19
4,321.25
183,698.38
9,166.92
152,057.50
32,060.23
2,209.70
Total Claims
$ 2,700,990.20
PAYROLL
March 7, 2008
Gross Payroll
Employee Deductions
Net payroll
$ 843,633.86
(353,506.72)
$
TOTAL CLAIMS AND PAYROLL
490,127.14
$ 3,191,117.34
INVESTMENT PURCHASES
UBS
US Gov't Securities
3/12/08
1,998,000.00
TOTAL INVESTMENTS
$ 1,998,000.00
TOTAL CLAIMS REPORT
$ 5,189,117.34
Submitted by
Kelly Strey, Financial Accounting Director
* Claims detail available in the office of the CFO.
** Previous Claims List items not previously reported
*
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
03/17/2008
4C
______ Council Theme __X__ Housekeeping
ITEM
Consider Authorizing Execution of Agreement with the Diamond Officials of Burnsville Umpire
Association for the 2008 Summer and Fall Softball Season.
Approve an agreement with Diamond Officials of Burnsville Umpires Association for the summer and
fall of 2008.
FACTS
Staff proposes the City enter into a contract with the Diamond Officials of Burnsville Umpire Association
to provide umpires for all adult league games in 2008. The agreement would be from April through
October and total payment for the season would not exceed $80,000. All expenditures out of this account
are offset by revenues generated from league entry fees.
The association that has provided umpires for Burnsville is the Diamond Officials Umpire Association
and the league was satisfied with their past performance. Staff is not aware of any other associations in
the area with proper state affiliation and sufficient officials to accommodate our needs.
Staff has checked with surrounding communities and determined that the fees requested by the Diamond
Officials of Burnsville Umpire Association are in line with what surrounding communities are paying for
officials.
The agreement is on file in the City Clerk’s office.
GB
CITY OF BURNSVILLE
Meeting Date
Item Number
3/17/2008
4D
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
__X__ Required by Law
______ Housekeeping
ITEM
Consider Approval for Portable Toilet Services for City Parks and Recreation Programs for 2008
Authorize Rent and Save Portable Services to be the City’s portable toilet provider.
FACTS
Six vendors responded to a Request for Proposal to provide portable toilet service for parks and recreation
programs in 2008. 50 units are used for spring and summer programs and an additional 12 units for the
winter programs. Rent and Save Portable Services submitted the least expensive proposal with a cost not
to exceed $38,250. This is well within the budgeted amount of $48,000 and is $14,000 less than the
highest proposal received.
ISSUES
None
JR
CITY OF BURNSVILLE
ACTION:
_____ New Policy
_X__ Required by Law
Meeting Date
Item number
_X__ Previous Council Action
03/17/2008
4E
______ Housekeeping
ITEM
Consider approval of contract with Emmons & Olivier Resources, Inc. to develop a Sustainability Plan.
Approval of contract with Emmons & Olivier Resources, Inc. in the amount of $50,000 to assist the city with
developing a Sustainability Plan.
FACTS
The concept of sustainability was addressed by City Council in 2007 through the Governance Process. The
outcome of this process was that Council directed staff to create a draft Sustainability Plan for further Council
consideration.
Staff is proposing that a consultant be utilized to assist in developing this draft Plan in an effort to keep the process
moving forward in a timely fashion. The primary intent of developing the draft Plan is to provide Council with
more detailed information regarding the strategies being considered and their related costs.
In January staff requested proposals from consulting firms to assist the city with creating a Sustainability Plan that
would address the 14 sustainable practice areas identified by Council. Proposals were received from nine
consulting firms, and after review of the proposals, four firms were interviewed by a staff committee.
Staff is recommending that Emmons & Olivier Resources, Inc (EOR) act as the consultant on this project. EOR’s
proposal provided quality recommendations and innovative ideas while expressing a clear understanding of the 14
sustainability practice areas. EOR has brought together a team of experts in both the non-profit and for profit area
that will provide coverage of the entire breadth of the sustainability spectrum that the city is interested in pursuing.
A copy of the proposed Scope of Services and Consulting Services Contract is available in the City Clerk’s office
should Council members wish to review it. The contract has been reviewed by the City Attorney and there are no
legal concerns with Council executing the contract.
The cost for EOR’s project work is estimated at $50,000. Funding for developing the “Draft” Sustainability Plan
will come from a combination of Community Development Block Grant funds ($20,000), a Dakota County
Community Development Agency Planning Grant ($15,000), and City of Burnsville funds ($15,000). Burnsville’s
share of the cost will come from the Storm Water Utility fund.
Because of the delay in securing the grant funds the timeline for completing this project has been moved back one
month from what was earlier planned for. The revised timeline is to have the draft Plan available for discussion by
City Council at a Worksession in July of 2008.
The contract is on file in the City Clerk’s office.
Initials of preparer: SB
CITY OF BURNSVILLE
ACTION:
_____ New Policy
_____ Required by Law
Meeting Date
Item number
__ __ Clarification/Revision of Past Policy
3/17/2008
4F
_____ Previous Council Action ___X___ Council Theme ______ Housekeeping
ITEM
Consider Resolution in Support of County-Wide Greening Initiative
Consider approval of resolution in support of participating in county-wide greening initiative.
FACTS
Burnsville joined Dakota County and most of its cities in a 2004 effort to identify areas where cross jurisdictional
collaboration could result in equal or better service at a reduced cost. This voluntary association, dubbed “HiPP”
for High Performance Partnerships, enjoyed early success with the recently opened Dakota Communications
Center. Another area of cooperation that is being explored is in the area of sustainability. The Council is quite
familiar with Burnsville’s planning in this area from last year’s sustainability discussions on several Governance
agendas. A final report is due on sustainability options in the summer of 2008.
This resolution encourages all HiPP cities to recognize the benefits of sustainable development and energy
conservation opportunities and to cooperate in the voluntary development and implementation of sensible
sustainability initiatives.
ISSUES
None. This resolution is supportive of Council direction to date with regard to natural resources and sustainability.
It offers a voluntary approach to future cooperation with other jurisdictions in this important area.
ATTACHMENTS
Resolution
TWH
RESOLUTION NO. 08CITY OF BURNSVILLE, MINNESOTA
RESOLUTION IN SUPPORT OF PARTICIPATION IN COUNTY-WIDE
GREENING INITIATIVE
WHEREAS, Dakota County and its cities have been leaders in the development of
collaborative efforts to increase efficiency, effectiveness, and responsiveness in providing
safe and healthy communities; and
WHEREAS, in 2004 a joint City-County Steering Committee was created to identify and
implement intergovernmental collaboration through High Performance Partnerships (HiPP)
actions and projects; and
WHEREAS, Burnsville continues to recognize that opportunities for greater
intergovernmental collaboration exist and deserve meaningful exploration into the many
aspects of sustainability; and
WHEREAS, clear scientific evidence shows gradual warming of the planet may create
unwelcome and costly changes for the future; and
WHEREAS, local governments can play a unique role in preparing for the effects of climate
change through judicious use of their regulatory authority in areas such as air quality, land use
planning, transportation, zoning, forest preservation, water conservation, and wastewater and
solid waste management; and
WHEREAS, many public entities in Dakota County are already developing plans to promote
the principles of sustainability; and
WHEREAS, Burnsville is similarly investigating a host of environmentally friendly
sustainability program options; and
WHEREAS, Burnsville will address many sustainability issues in its forthcoming
comprehensive plan update; and
WHEREAS, the economic arguments for multi-jurisdictional cooperation include both near
term economic benefits in energy consumption and longer term improvements in sustainable
development and redevelopment; and
WHEREAS, the Greening Initiative will prepare a voluntary framework for developing and
applying sensible sustainable initiatives to improve the quality of life for all in Dakota
County.
NOW, THEREFORE, BE IT RESOLVED, That the City of Burnsville, Minnesota, in
collaboration with Dakota County and other Dakota County cities choosing to adopt this or a
similar resolution, will participate in the development of a county-wide greening initiative and
support the voluntary implementation of plans and programs that may arise there from.
PASSED AND DULY ADOPTED by the City Council of the City of Burnsville, Minnesota
this 17th day of March, 2008.
ATTEST:
______________________________________
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X_ Required by Law
Meeting Date
Item number
03/17/2008_
4G
______ Housekeeping
ITEM
Consider Accepting Bids and Award Contracts for the 2008-2009 Street Maintenance Materials (08-303).
ACTION TO BE CONSIDERED
Accept the bid received on February 22, 2008, at 11:00 a.m. and award construction contracts to the following
contractors under the Joint Powers Agreement as follows:
Burnsville’s Portions
Sealcoating – Pearson Bros., Inc. in the amount of $2,034,015.83
Traffic Marking – Highway Technologies, Inc in the amount of $268,856.55
Sweeping – Allied Blacktop Co. in the amount of $10,680.00
Cracksealing – American Pavement Solutions, Inc. in the amount of $334,482.17
Screening – Pearson Bros. in the amount of $1,975.00
$ 313,292
$ 91,750
$
0
$ 216,000
$
500
FACTS
Each year the City, in cooperation with several neighboring cities, solicit bids for various items for street
maintenance and construction. These items include cracksealing, sealcoating, traffic marking services, street
sweeping and screening services. The City’s Joint Powers partners are Apple Valley, Lakeville, Savage, Shakopee,
Prior Lake, Eagan, Mendota Heights, Farmington, Rosemount, West St. Paul, and Dakota County. These cities are
billed directly from the contractor for all services and/or materials.
This type of Joint Powers Agreement (JPA) results in cost savings to all the participating cities and the State of
Minnesota recognizes the agencies involved for this interagency cooperation and cost savings.
A tabulation of bids that were received on Friday, February 22, 2008, is available in the Engineering Department
upon request. The bids are proposed to be awarded to the lowest bidder.
The City funds for these items are included in the 2008 Street Revolving Fund for ongoing street maintenance.
Staff recommends awarding the contracts to the above referenced contractors at this time.
CBC
G:\Shared\Agenda\Engineering\2008\03-17-08\08-303 St. Maintenance.doc
CITY OF BURNSVILLE
ACTION:
New Policy
X Required by Law
Meeting Date
Item number
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
03/17/2008
4H
Present Policy
Housekeeping
ITEM:
Consider Approval of an Application for IRET Properties, LLP for a Conditional Use Permit to Allow Outdoor
Storage of Construction Materials to be located at 11351 Rupp Drive; Consider Findings of Fact, and Conditional
Use Permit.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact and Approve the Conditional Use Permit.
STAFF RECOMMENDATION N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission held the public hearing on March 10, 2008 and discussed the project.
Commission was supportive of the land use and voted 5 - 0 in favor of the application.
The
The Ordinance requires outdoor storage areas to be screened from view along the public street. Due to the
building placement of the applicant’s building as well as the adjacent building to the south the area is sufficiently
screened. Staff clarified that the natural hill within adjacent park property provides a significant physical screen
from the single family homes to the east along Raleigh Drive.
No members from the public spoke.
PLANNING COMMISSION RECOMMENDATION:
On March 10, 2008, the Planning Commission recommended to the City Council approval of the Conditional Use
Permit with the following conditions:
1.
2.
3.
4.
The applicant shall install a black vinyl coated chain link fence.
Material piled or stacked shall not exceed 10 feet in height.
The storage area shall not be illuminated.
Due to the existing ingress / egress easement the applicant shall not stripe the proposed parking stalls
along the south property line.
PLANNING COMMISSION SUGGESTIONS: N/A
March 17, 2008
IRET Properties, LLC
Page 2
LEGAL DOCUMENTS:
City Council conditions of approval shall be incorporated into the following legal documents:
Development Contract
Combined Dev. Contract/PUD Agreement
PUD Agreement
Amended PUD Agreement
PUD Release
Other Legal Documents (List):
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
Amended Interim Use Permit
ATTACHMENTS:
(3/10/08) P.C. Report & Packet
(3/10/08) Unapproved P.C. Minutes
(__/__/__) PNRC Report
(__/__/__) Unapproved PNRC Minutes
Findings of Fact
Other Exhibits (List):
JH
G:\AGENDA\Planning\2008\03-17\IRET Properties, LLP\1 - Council Report 03-17-08.doc
Ordinance
Ordinance Summary
Resolution
Variance
Park
I1
IRET Properties
11351 Rupp Drive
Zoned: I1
R1
I1, PUD
.
IRET Properties
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
File 08-3
Rupp Drive
North
IRET Properties
Pictometry
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
3/10/2008
3
08-03
PRESENTERS:
Chris Slania, Planner
Mark Kenzler, John Deere Landscapes
ITEM:
Public Hearing – IRET Properties, LLP - Conditional Use Permit to Allow Outdoor Storage of Construction
Materials to be Located at 11351 Rupp Drive.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted To:
January 16, 2008
March 16, 2008
May 15, 2008
BACKGROUND/OVERVIEW:
John Deere Landscapes is pursuing a lease agreement with the owner of the parcel, IRET Properties. In addition to
the office and warehouse space to be occupied within the building John Deere Landscapes has also requested an
outdoor material storage area in the southeast corner of the site. On behalf of the potential tenant IRET Properties
has applied for the Conditional Use Permit requesting the outdoor storage.
The subject site is 3.45 acres in size and contains a 45,000 sq. ft. office / warehouse building located in the north
part of the City, north of the Larc Industrial area and west of the River Hills neighborhood. The property is zoned
I-1 (Industrial Park) and guided as Industrial Park in the Comprehensive Land Use Plan. Open storage lots are a
Conditional Use within the I-1 District. The surrounding properties to the north, south and west are zoned I-1. The
adjacent property to the east is owned by the City of Burnsville and zoned Park.
HISTORY:
The building was constructed in 1987. No Conditional Use Permits or other land use approvals have been
approved for the site.
John Deere Landscapes is a commercial distributor that wholesales landscaping material and irrigation equipment
to contractors and landscaping companies. Wholesaling is a permitted use in the I-1 District and therefore the
business operation on the site is consistent with the ordinance.
PUD BENEFITS: N/A
PUD DEVIATIONS: N/A
VARIANCE HARDSHIP: N/A
DEVELOPMENT SUMMARY CHART: N/A
IRET Properties, LLP
March 10, 2008
Page 2
CUP DETAILS:
To preserve the warehouse space for weather sensitive equipment as well as for ease of loading and unloading the
products the applicant is requesting exterior storage for PVC and Polyethylene pipe and other construction
material. The applicant is not proposing any changes to the building’s footprint, architecture, site lighting or
existing parking configuration along the north or west sides of the property. The proposed storage area is 2,750 sq.
ft. in size located in the south east corner of the property.
For security and to delineate the space the storage area will be surrounded by a 10 foot chain link fence. For
aesthetics staff has recommended a black vinyl coated chain link. A condition has been added. In business and
industrial zoning districts fencing is limited to 8 feet in height unless approved by Conditional Use Permit. Staff is
supportive of the fence height. Staff has included a condition that the material stored does not exceed the height of
the fence. This is consistent with previous exterior storage applications.
The site exists as a platted lot known as Lot 1, Block 1, Burnsville Bluffs Park 2nd Addition. The appropriate
development fees for the property have been paid.
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE: N/A
PARKING / LOADING:
The building is home for two businesses in addition to the pending agreement with John Deere Landscapes. The
ordinance requires 99 parking stalls for the building and 104 are provided. No delineated stalls are affected by the
proposal. The location of the storage area provides sufficient area for vehicle circulation and truck access around
the building.
TREE PRESERVATION: N/A
LANDSCAPING:
The location for the proposed outdoor storage exists as a hard surface area utilized as a loading and parking area.
No greenspace or trees would be removed as part of this application. As an enhancement to the site, the applicant
is proposing four coniferous trees along the property line adjacent to the storage area. Due to the existing grade
change between the parking lot and single family houses to the east the trees will not be visible for a number of
years.
SCREENING:
The ordinance requires outdoor storage areas to be screened from view along the public street. Due to the building
placement of the applicant’s building as well as the adjacent building to the south the area is sufficiently screened.
Views of the proposed area are provided only at certain angles between the buildings. The storage area is set back
350 feet from Rupp Drive.
The natural hill within adjacent park property provides a significant physical screen from the single family homes
to the east along Raleigh Drive. The residential properties are 200 feet away from the proposed storage area. The
March 10, 2008
Page 3
parking lot and storage area is 15 feet lower than the highest point of the hill. The single family properties along
Raleigh Drive also lie 8 feet below the peak of the hill providing a permanent buffer from the site.
SIGNAGE:
The applicant has not formulated a signage plan for the building. However, any new signage installed on the
building will need to be processed separately by staff pursuant to the ordinance criteria.
LIGHTING:
The applicant isn’t proposing any changes to the existing lighting plan. Illumination of the storage area will be
provided by daylight or the occasional vehicle loading or unloading product. A condition has been added
prohibiting lighting to be installed in the future.
ENGINEERING CONSIDERATIONS:
There are no issues from the Engineering Department.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
There are no outstanding issues.
PLANNING CONSIDERATIONS:
The ordinance provides for the outdoor storage and increased fence height through a Conditional Use Permit. The
application is not proposing any changes to the building, lighting or parking. No ordinance deviations are required
to satisfy the request.
ROLE OF PLANNING COMMISSION:
The role of the Planning Commission is to review the technical aspects of the proposal as it relates to the Zoning
and Subdivision Ordinance and the Comprehensive Plan. The property exists as I-1 (Industrial Park). The
Conditional Use request for an open storage lot is consistent with the ordinance.
RECOMMENDATION (With Conditions):
Staff recommends approval of the Conditional Use Permit to Allow Outdoor Storage of Construction Materials to
be Located at 11351 Rupp Drive with the following conditions:
1.
2.
3.
4.
Due to the existing ingress / egress easement the applicant shall not stripe the proposed parking stalls along
the south property line.
March 10, 2008
Page 4
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “x”)
Site Location Map
Pictometry
Other Exhibits (List)
LARGE ATTACHMENTS
Existing Conditions (Survey)
Preliminary Plat
Final Plat
Site Plan
Grading
Utilities
Building Elevations (Color)
Building Elevations (Plan Sheet)
Floor Plans
Tree Inventory
Landscape Plan
Roof-top Screening
Lighting Plan
Sign Plan
Other Exhibits (List)
CS
G:\PLANNING\AGENDA\PC\2008\3-10-08\IRET Properties\IRET PC report.doc
UNAPPROVED PLANNING COMMISSION MINUTES – MARCH 10, 2008
3.
Public Hearing – IRET Properties, LLP – Conditional Use Permit to Allow Outdoor
Storage of Construction Materials to be Located at 11351 Rupp Drive.
Slania presented an overview of the application advising that staff recommends that the Planning
Commission recommend to the City Council approval of the application as conditioned.
Manhart called for questions of staff:
Turner asked if the applicant has security concerns with the storage lot since there is no lighting.
Slania stated the size and weight of the material would need equipment and access to move or remove
from the site.
Manhart asked if Direct TV was one of the other tenants since he saw many of their trucks parked in the
lot.
Slania stated they were tenants of the adjacent building. Staff has worked with them to define the
property line and storage area.
Manhart asked since there was to be no striping of that storage lot, would it be up to the owners to
designate where the Direct TV trucks could be parked.
Slania stated yes. Staff has a copy of the easement and it allows ingress and egress but the enforcement
would be up to the land owners.
Manhart called for questions from the applicant.
Mark Kenzler, John Deere Landscapes, stated there was a white line painted on the property line which
will be visible after the snow is gone.
Currier asked if the single family homes are located to the east instead of west as listed under the
landscaping section.
Slania confirmed they are to the east.
At 7:13 p.m., Manhart opened/closed the Public Hearing and called for discussion among the
Commissioners.
Dusterhoft moved to approve the application with the following conditions:
1.
2.
3.
4.
Due to the existing ingress / egress easement the applicant shall not stripe the proposed parking
stalls along the south property line.
Currier seconded the motion.
Ayes: Dusterhoft, Esch, Manhart, Turner, Currier. Nays: None. Motion to approve passes (5-0).
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of IRET Properties, LLP for
a Conditional Use Permit to allow outdoor
Storage of construction materials to be
located at 11351 Rupp Drive.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On March 17, 2008, the Burnsville City Council met at its regularly scheduled
meeting to consider the above application of IRET Properties, LLP for a Conditional Use
Permit to allow outdoor storage of construction materials to be located at 11351 Rupp
Drive.
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 property is zoned I-1 (Industrial Park)
2.
The subject property is designated as Industrial Park in the Comprehensive
Land Use Plan.
3.
Outdoor storage lots are a Conditional Use within the I-1 District.
4.
The proposed outdoor storage location meets screening requirements.
5.
The applicant will not be removing any green space or trees.
6.
The applicant is not proposing any changes to the building size,
architecture and existing lighting plan.
DECISION
Applicant’s request for a Conditional Use Permit, is hereby approved, in
accordance with the plans reviewed, modified, approved, and recorded in Clerk’s
Document No. D-08Adopted this 17th day of March, 2008.
CITY OF BURNSVILLE
By:
ATTEST:
g:\legal08\ IRET Properties, LLP FF (08-03)
2
RETAINING WALL
CONCRETE
CONCRETE
CONCRETE
1.92'
22.76'
1.98'
23.98'
2.16'
2.05'
24.04'
1.97'
1.71'
1.97'
2.06'
23.66'
CONCRETE
RUPP DR
IVE
(PUBLIC
ALY DEDIC
ATED)
RIGHT OF
WAY
CONCRET
E CURB
58.05'
160.09'
CONCRET
E CURB
23.99'
EXSITNG 1 STORY CONCRETE BUILDING
1.98'
46.02'
45.89'
23.92'
46.01'
22.95'
CONCRETE
CONC
RETE
RETAINING WALL
1.71'
NE
78.29'
279.94'
SURFACE
AUTO
SPRINKLER
RETAINING WALL
STEPS
STEPS
STEPS
STEPS
RUPP DR
IVE
RIGHT OF
WAY
EXSITNG BUILDING
SURFACE
CITY OF BURNSVILLE
ACTION:
X
_____ New Policy
Required by Law
Meeting Date
Item Number
3/17/2008
5
______ Housekeeping
ITEM
Regular Meeting of the Burnsville Economic Development Authority (EDA).
AGENDA
1.
Roll Call of Commissioners.
2.
Additions to the Agenda.
3.
CONSENT AGENDA
3A.
Consider Approval of Minutes of February 19, 2008 Annual Meeting.
REGULAR AGENDA
4.
Consider Resolution Approving Construction and Financing of a Parking Ramp on Land Owned by the
Economic Development Authority in the Heart of the City.
5.
Miscellaneous.
6.
Adjournment.
CITY OF BURNSVILLE
ECONOMIC DEVELOPMENT AUTHORITY
REGULAR MEETING
FEBRUARY 19, 2008
EDA MEETING
The meeting was called to order by President Gustafson at 8:10 p.m.
1.
Roll Call of Commissioners
Present: Crichton, Gustafson, Kautz, Kealey, and Workman. Absent – None.
2.
Additions to Agenda
There were no additions to the agenda.
3.
Approval of Consent Agenda.
Motion by Workman, seconded by Kealey to approve the Consent Agenda as presented. Ayes –Crichton,
Gustafson, Kautz, Kealey and Workman. Nays – None. Motion carried.
3A. Consider Approval of Minutes of January 22, 2008 Regular Meeting.
Approved the minutes of the January 22, 2008 meeting as submitted.
4.
Consider Resolution Authorizing the EDA Executive Director to execute documents related to
the Planned Unit Development Amendment for an Expansion of the Burnsville Maintenance
Facility..
Motion by Crichton, seconded by Kautz to adopt the following resolution, , which will become part of the
official records:
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR
TO EXECUTE DOCUMENTS RELATED TO THE
PLANNED UNIT DEVELOPMENT AMENDMENT FOR
AN EXPANSION OF THE BURNSVILLE MAINTENENACE FACILITY
Ayes – Crichton, Gustafson, Kautz, Kealey, and Workman. Nays – None. Motion carried.
-1-
Economic Development Authority
February 19, 2008
5. Adjournment
Motion by Kealey, seconded by Crichton to adjourn at 8:13 p.m. Ayes – Crichton, Gustafson, Kautz,
Kealey, and Workman. Nays – None. Motion carried.
Macheal Brooks, Secretary
Approved by the Economic Development Authority of the City of Burnsville this 17th day of March, 2008.
Dan Gustafson, President
-2-
CITY OF BURNSVILLE
EDA AGENDA BACKGROUND
ACTION:
_____ New Policy
X
Meeting Date
Item number
Previous Council Action
All Council Theme
X
03/17/08
4
Required by Law
______ Housekeeping
PRESENTER
Tammy Omdal, Deputy City Manager/CFO
ITEM
Consider Resolution Approving Construction and Financing of a Parking Deck on Land Owned by the Economic
Development Authority in the Heart of the City.
Adoption of resolution
FACTS
The City Council on March 3, 2008 authorized a Resolution approving a project budget to construct a parking deck
in the Heart of the City (08-314) with the intent to reimburse with Bonds.
As anticipated when the Council acted, the EDA is being asked to consider a “companion” Resolution approving
the construction and financing of the Parking Deck. The Deck will be constructed on property that is owned by the
EDA. The source of funds to construct the Deck will be tax increment, including the possible issuance general
obligation (GO) tax increment financing bonds. The City would be the authority that would issue the bonds. The
specific terms of any EDA pledge of tax increments to pay debt service on the Bonds would be set forth in a
subsequent tax increment pledge agreement to be approved and entered into at the time of sale of bonds. The
tentative plan is to issue bonds in June of this year for this project.
ISSUES
No outstanding issues.
ATTACHMENT
Resolution
/TAO
BURNSVILLE ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO.____________
RESOLUTION APPROVING CONSTRUCTION AND FINANCING OF A PARKING DECK
ON LAND OWNED BY THE ECONOMIC DEVELOPMENT AUTHORITY
IN THE HEART OF THE CITY
WHEREAS, the Burnsville Economic Development Authority (the “EDA”) administers and
controls: Redevelopment Project No. 1 (the “Redevelopment Project”) established under Minnesota Statutes,
Sections 469.001 to 469.047 (the “HRA Act”); Development District No. 1 (the “Development District”)
established under Minnesota Statutes, Sections 469.124 to 469.134 (the “Development District Act’); Tax
Increment Financing District Nos. 1 and 2 (TIF Districts 1 and 2”) within the Development District; and Tax
Increment Financing District No. 6 (“TIF District No. 6”) within both the Project and the Development
District; and
WHEREAS, the EDA has undertaken the redevelopment of an area within the Project and the
Development District known as the “Heart of the City,” which includes the entire area of TIF District No. 6;
and
WHEREAS, the EDA in cooperation with the City has determined a need for an approximately 250stall parking deck (the “HOC Deck”) to serve various developments within the Heart of the City, including
without limitation the performing arts center being constructed by the City on land owned by the EDA; and
WHEREAS, the City and EDA have identified a means to finance and pay for the construction of the
HOC Deck.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Burnsville
Economic Development Authority as follows:
1.
The EDA approves construction by the City of the HOC Deck on a portion of the land
owned by the EDA in the Heart of the City, the precise description and area of which will be determined by
mutual agreement of the City and EDA (the “HOC Deck Property”).
2.
EDA officials are authorized and directed to execute a ground lease between the EDA and
City under which the EDA leases the HOC Deck Property to the City for nominal consideration, and to
execute any other documents necessary to carry out the intent of this resolution, in forms approved by the
EDA president and executive director and approved by EDA and City legal counsel; provided that execution
of such documents by the appropriate officials shall be conclusive evidence of approval.
3.
To provide a portion of the funds for construction of the HOC Deck, the EDA acknowledges
that the City may issue general obligation tax increment bonds producing net proceeds in an amount not to
exceed $4,500,000 (the “Deck TIF Bonds”), which will be primarily secured by tax increments from TIF
District Nos. 1 and 2, and may also be secured in part with tax increments from TIF District No. 6. The
specific terms of any EDA pledge of tax increments to pay debt service on the Deck TIF Bonds will be set
forth in a subsequent tax increment pledge agreement to be approved and entered into at the time of sale of
those bonds.
4.
In addition to or instead of financing from Deck TIF Bonds, the EDA may provide funds for
construction of the HOC Deck from available tax increment funds generated in TIF Districts Nos. 1 and 2,
and accordingly authorizes transfer of such funds in the amount that, together with net proceeds of any TIF
Deck Bonds, does not exceed $4,500,000.
5.
EDA staff and consultants are authorized and directed to take all actions necessary to carry
out the intent of this resolution.
Approved by the Board of Commissioners of the Burnsville Economic Development Authority this
17th day of March, 2008.
Dan Gustafson, President
Attest:
Macheal Brooks, Secretary
2

BURNSVILLE CITY COUNCIL FINAL AGENDA

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