BURNSVILLE CITY COUNCIL

Transcription

FINAL AGENDA - REGULAR MEETING
TUESDAY, JUNE 2, 2009 - 6:30 p.m.
BURNSVILLE CITY HALL
100 CIVIC CENTER PARKWAY
Elizabeth Kautz
Charlie Crichton
Mayor
Councilmembers
6:30 p.m.
Dan Gustafson
Dan Kealey
Mary Sherry
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.
Announcements and Proclamations
x Proclamation Recognizing Vietnam Veterans Reunion
x Recognition of Service on the Planning Commission – Michael Esch
x Recognition of 3rd grade Winners of the second annual “I Love Burnsville” Essay contest.
Winners will read their essays and receive cash awards courtesy of Highland Bank
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 Approval of Supplemental Agreement No. 11 for the Burnsville Performing Arts
Center.
D.
Consider Approval of Change in Operating Managers and Corporate Officers for Liquor
License Holders.
E.
Consider Authorization To Purchase Holmatro Hydraulic Rescue Tool.
F.
Consider Resolution Accepting Bid and Awarding Contract for Bids for Judicial Road and
155th Street Roadway Improvements (09-103) and 150th Street Watermain Improvements
(09-307).
G.
Consider Resolution Approving Agreement with Dakota County and Mn/DOT for
Removal of the Existing Traffic Control Signal and Install New Traffic Control Signal
with St. Lights, Emergency Vehicle Pre-emption, and Signing on T.H. 13 at CSAH 30
Diffley Rd/Cedarbridge Avenue and at River Hills Drive. (09-503)
H.
Consider an Ordinance Amendment to Title 10, Chapter 19, Section 3A of the Burnsville
City Code Relating to Outside Storage at Motor Fuel Stations.
Final Agenda
June 2, 2009
2
I.
Consider Approval of an Application for The Goodman Group for a Building Permit to
Rebuild the Burncliff Apartment Building Located at 12312 Parkwood Drive; and
Consider Findings of Fact.
J.
Consider Waiving Fees for Development Review Application for Southwest Burnsville
(Dan Callahan).
K.
Consider Authorizing Letter of Support for Federal Funding for Truck Hwy 13 / CSAH 5
Project.
REGULAR AGENDA
6:45 p.m.
5.
Update on New Departure Procedure from Mpls/St Paul IAP Presented by Bert McKasy,
MAC Commissioner.
7:00 p.m.
6.
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.
7:05 p.m.
7.
Public Hearing - Consider Resolution Ordering Improvements and Approving Plans and
Specifications and Ordering Advertisement for Bids for Street Rehabilitation of Southcross
Drive, Burnhaven Drive, Burkards Drive, and Crystal Lake Road (09-106) and Intersection
Improvements at Burnhaven Drive and Crystal Lake Road (09-501).
7:20 p.m.
8.
Public Hearing – Consider Resolution Adopting Assessment Roll for the CSAH 42 Street
lighting (07-202).
7:30 p.m.
9.
Consider Authorizing a Transportation Enhancement Funding Grant Application for
Construction of a Bicycle/Pedestrian Trail Along Black Dog Road.
7:40 p.m.
10.
Consider Ordinance Amendments to Title 10 and 8, of the Burnsville City Code to Modify
Requirements for Bus Benches and Transit Shelters and Policy Changes to Adopt Revised
Bus Bench License Fees and Removal of the RFP Process.
8:00 p.m.
11.
Consider Appointments to Advisory Boards for 2009.
8:05 p.m.
12.
Miscellaneous.
13.
Adjournment.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item Number
Council Meetings:
Tues., June 16, 6:30 p.m.
Tues., July 7, 6:30 p.m.
Worksession Meetings:
Special Worksessions:
06/02/2009
1
(Audit Committee Meeting)
Governance Meeting:
Tues. June 23, 6:30
• Proclamation Recognizing Vietnam Veterans Reunion
• Recognition of Service on the Planning Commission –
Michael Esch
• Recognition of 3rd grade Winners of the second annual “I
Love Burnsville” Essay contest. Winners will read their
essays and receive cash awards courtesy of Highland Bank
PROCLAMATION
VIETNAM VETERAN BROTHERHOOD DAY
WHEREAS, The freedom and rights enjoyed by all Americans depend on the courageous men
and woman who respond to the call of duty to defend their country; and
WHEREAS, Burnsville citizen Wayne Hanson does gather his Vietnam veteran comrades from
across the nation in reunion to bear witness and reaffirm their friendship forged in arms and
beholden in peace; and
WHEREAS, On behalf of the citizens of Burnsville, I commend the gallant Infantrymen of 3rd
Platoon, Bravo Company, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division for their
valor and sacrifices while serving in Vietnam and Cambodia 1969 – 1970, and present a heartfelt
“welcome home” and “job well done.”
NOW THEREFORE, I, Elizabeth B. Kautz, Mayor, on behalf of the City Council, do hereby
proclaim June 13, 2009 to be
VIETNAM VETERAN BROTHERHOOD DAY
in Burnsville, and urge my fellow citizens to observe this day by recognizing those who served
so valiantly and at great personal sacrifice for the rights and freedom of all.
Proclaimed this 2nd day of June 2009.
Elizabeth B. Kautz, Mayor
SPECIAL WORKSESSION MINUTES
May 14, 2009
Council Present:
Council Absent:
Staff Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, and M. Sherry
None
C. Ebeling, M. Brooks
ITEM 1. ADVISORY BOARD INTERVIEWS
The meeting was convened at 5:00 p.m.
The Council conducted interviews of the following applicants for appointment to Committees/Commissions:
Kevin Stirtz
Ram Singh
Ken Slipka
Maroof Rauf
Steve Stueber
John Wallace
Patrick Julik
John Hamilton
Deborah Haqq
Parks & Nat Resources Comm (Any)
Planning Commission
Economic Development Commission
Planning Commission (or EDC)
Parks & Nat Resources Commission
Parks & Nat Resources Commission
Planning Commission
Planning Commission
Parks & Nat Resources Commission (or Planning)
Council waived the interview for the following applicant:
Wayne Huelskoetter
HOC Design Review Committee
Katherine Carlson was not able to attend tonight’s Special Worksession for an interview and will need to be
rescheduled at a future date for possible appointment.
After the interviews, Council discussed the merits of the candidates in preparation for appointments at the
June 2, 2009 Council meeting.
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
_________________________________________
Macheal Brooks, Deputy City Clerk
Approved by the City Council of the City of Burnsville this 2nd day of June 2009.
__________________________________________
CITY OF BURNSVILLE
CLOSED SPECIAL MEETING MINUTES
May 19, 2009
Council Present:
Council Absent:
Staff Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, and M. Sherry
None
C. Ebeling, J. Jamnik, T. Scott, M. Brooks, B. Osmundson, J. Faulkner, T. Omdal
Others Present:
None
Mayor Kautz called the meeting was called to order at 5:29 p.m.
ITEM 1. DISCUSS PENDING LITIGATION WITH KRAEMER MINING & MATERIALS, INC.
Tom Scott, and Joel Jamnik, City Attorneys, reviewed the attorney-client privilege exception to the Open
Meeting Law and closed meeting procedures. Mr. Scott and Mr. Jamnik then reviewed the history of the
1994 Planned Unit Development Agreement with the Kraemer Mining & Materials, Inc. for the landfill
and quarry area and discussed litigation strategy with the Council.
Council thanked staff for their work on this issue.
_________________________________________
Approved by the City Council of the City of Burnsville this 2nd day of June 2009.
__________________________________________
CITY OF BURNSVILLE
Regular Meeting Minutes
May 19, 2009
The City Council of the City of Burnsville met in regular session at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 19th day of May, 2009.
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, Gustafson, Kautz, Kealey, Sherry
None
Announcements and Proclamations.
Council Meetings:
Worksession Meeting:
Special Worksessions:
Governance Meeting:
x
x
x
2.
Tues., May 26, 6:30 p.m. (Budget Meeting)
Tues. June 9, 5:30 p.m. (Audit Committee)
Recognition of Service on the Planning Commission – Richard Dusterhoft
Proclamation in Recognition of Dady Pigeon – 2009 Child Care Provider for Dakota County
Public Works Week Proclamation
Citizen Comments.
No one appeared before the Council.
3.
Additions to the Final Agenda.
There were no additions to the Final Agenda.
CONSENT AGENDA
Motion by Crichton, seconded by Gustafson, that the following Consent Agenda items (listed as A–M) be
approved as presented. Ayes – Crichton, Gustafson, Kautz, Kealey, and Sherry. Nays – None. Motion
carried.
4A.
Consider Approval of Minutes.
Approved the City Council minutes of May 5, 2009, the Special Worksession Minutes of May 9,
2009, and the Worksession Minutes of May 12, 2009 as submitted.
2
COUNCIL MINUTES
Regular Meeting
May 19, 2009
CONSENT AGENDA (continued)
4B.
Approved the listing of claims in the submitted amount of $4,202,522.54.
4C.
Consider an Ordinance Amending Title 3, Chapter 27 of the Burnsville City Code Amending the
Definition of Fireworks.
Adopted an Ordinance that will be published in the legal newspaper and become part of the official
records:
ORDINANCE NO. 1161
AN ORDINANCE AMENDING TITLE 3, CHAPTER 27 OF THE
BURNSVILLE CITY CODE AMENDING THE DEFINITION OF FIREWORKS
4D.
Consider Approval of a Joint Powers Agreement with the City of Apple Valley for Aquatic Plant
Management in Keller Lake and Lac Lavon.
Approved a Joint Powers Agreement with the City of Apple Valley for Aquatic Plant Management in
Keller Lake and Lac Lavon.
D-09-30
4E.
Consider Approving Resolution and Mutual Aid Agreement for Membership in Minnesota’s
Water/Wastewater Agency Response Network (MnWARN).
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 09-5760
RESOLUTION AUTHORIZING GOVERNMENTAL UNIT TO BE A PARTY
TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN)
4F.
Consider Approving the City of Burnsville Water Supply Plan Mandated by the Department of
Natural Resources.
Approved the City of Burnsville Water Supply Plan.
D-09-31
4G.
Consider Approving Agreements for Software Purchase and Maintenance for Utility Asset
Management.
Authorized purchases and approved professional services contracts with VUEWorks, Inc. and
Ruekert & Mielke Inc. to provide the City with Computerized Mainteanance Management System
(CMMS) software and related services, including implementation, licenses, first year annual
maintenance fees, support, and training for an amount of $69,602.80.
D-09-32
3
COUNCIL MINUTES
Regular Meeting
May 19, 2009
4H.
Consider Accepting Bids and Awarding Contract for the Buck Hill Water Tank Rehabilitation (09312).
Accepted bids and awarded the contract to Arndt Enterprises, Inc. for the Buck Hill Water Tank
Rehabilitation Project (09-312) in the amount of $107,448.00.
4I.
Consider Accepting Bid and Awarding Contract on the Rehab of the Maple Island Lift Station (09305).
Accepted bids and awarded the contract to Gridor Construction Inc. for Maple Island Life Station
Improvements (09-305) in the amount of $361,415.00.
4J.
Consider Resolution Receiving Preliminary Report, Calling for Public Hearing and Ordering
Preparation of Plans and Specifications for Street Rehabilitation of Southcross Drive, Burnhaven
Drive, Burkards Drive, and Crystal Lake Road (09-106) and Intersection Improvements at
Burnhaven Drive and Crystal Lake Road (09-501).
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 09-5761
RESOLUTION RECEIVING PRELIMINARY REPORT, CALLING FOR
PUBLIC HEARING AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
FOR STREET REHABILITATION OF SOUTHCROSS DRIVE, BURNHAVEN DRIVE,
BURKARDS DRIVE AND CRYSTAL ALKE ROAD (09-106) AND INTERSECTION
IMPROVEMENTS AT BURNHAVEN DRIVE AND CRYSTAL LAKE ROAD (09-501)
4K.
Consider an Ordinance Amending Titles 4, 10, and 11 of the Burnsville City Code Concerning the
Installation of Erosion and Sediment Control before Construction or Development.
records:
ORDINANCE NO. 1162
AN ORDINANCE AMENDING TITLES 4, 10, AND 11 OF THE BURNSVILLE
CITY CODE CONCERNING THE INSTALLATION OF EROSION AND
SEDIMENT CONTROL BEFORE CONSTRUCTION OR DEVELOPMENT
CASE FILE NO. 09-10
4
COUNCIL MINUTES
Regular Meeting
May 19, 2009
4L.
Consider Approval of an Ordinance Amending Title 10, Chapter 8 of the Burnsville City Code
Relating to the Wetlands Overlay District to Incorporate Revised Standards to Implement the New
Wetlands Protection and Management Plan.
records:
ORDINANCE NO. 1163
AN ORDINANCE AMENDING TITLE 10, CHAPTER 8 OF THE BURNSVILLE
CITY CODE RELATING TO THE WETLANDS OVERLAY DISTRICT STANDARDS
CASE FILE NO. 09-13
4M.
Consider Approval of City Manager’s Letter of Understanding for 2009.
Approved the City Manager’s Letter of Understanding for 2009.
D-09-33
REGULAR AGENDA
5.
Consider Approval of an Application for Super Mercado Olmeca, Inc. for a Planned Unit
Development Amendment to Allow a Convention Hall and Night Club in the Valley Ridge Shopping
Center at 1927 West Burnsville Parkway; and Consider Findings of Fact, Ordinance, and Amended
Planned Unit Development Agreement.
Council directed staff to amend the conditions of the PUD Amendment to reflect the same conditions placed
on the AppleWood Rustic Grille event center (iMetro), including a review after 1 year.
x Condition #3 – Change to allow a 2:00 a.m. closing
x Condition #2 – Change security officer requirements: All events held on Fridays and Saturdays
containing more than 150 people that will be in operation after 8:00 p.m. where alcohol is
present shall be provided with a minimum of two professional uniformed security personnel
observing the tenant space and parking lot.
Motion by Kealey, seconded by Gustafson, to approve the Amended Planned Unit Development Agreement
for Super Mercado Olmeca, Inc. to allow a convention hall and night club in the Valley Ridge Shopping
Center at 1927 West Burnsville Parkway with the conditions as amended above; and adopt the Findings of
Fact and an Ordinance that will be published in the legal newspaper and become part of the official records:
ORDINANCE NO. 1164
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-09-34
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Kealey, and Sherry. Nays – None. Motion carried.
COUNCIL MINUTES
Regular Meeting
May 19, 2009
6.
5
Adjournment.
Motion by Sherry, seconded by Kealey, to adjourn the meeting at 7:10 p.m. Ayes – Crichton, Gustafson,
Kautz, Kealey, and Sherry. Nays – None. Motion carried.
______________________________________
Approved by the City Council of the City of Burnsville this 2nd day of June, 2009.
_______________________________________
CITY OF BURNSVILLE
MAY 26, 2009
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 26th day of May, 2009.
The meeting was called to order at 6:30 p.m. by Mayor Kautz.
Council Present:
Council Absent:
Staff Present:
Others Present:
C. Crichton, D. Gustafson, E. Kautz, D. Kealey, M. Sherry
None
C. Ebeling, T. Omdal, M. Brooks, T. Hansen, J. Hansen, J. Skelly, T. Schultz, B.
Osmundson
J. Gessner, S. Briggs, E. Narum, E. Delmoro, R. Vanderlaan, The Garage
representatives
ITEM 1. 2009 BUDGET DISCUSSION
Craig Ebeling, City Manager, gave a continued presentation and discussion of potential budget
adjustments.
Background
y Council adopted the 2009 budget in Dec 2008
y Subsequent events causing a need to reconsider revenue estimates
y In March staff presented possible budget amendment options to offset permanent loss of revenue
y Attempting to deal with budget challenges for both 2009 and 2010 at this time in order to avoid
prolonged uncertainty
y Council to establish a maximum tax levy in Sept 2009
Council Direction from March Meeting
y Indication that most of the staff proposed budget amendments may be acceptable, with a few
exceptions
y Bring back additional options to reduce the budget in order to limit the tax levy to 0-2%
y Ask the labor bargaining units to consider opening contracts to consider wage concessions
Budget Target: Budget Reductions
y $1,500,000
Budget adjustments to respond to unanticipated revenue loss (MVHC,
income, and delinquent property taxes)
y $2,000,000
Budget adjustments to position the city for a “zero” tax levy increase
y $3,500,000
Total budget adjustment target, given these assumptions
interest
2010 Budget
y To achieve no change in the tax levy from 2009 to 2010, the city will need to cut the budget by
$2.0 million
y Each 1% of tax levy increase results in approximately $260,000 of additional revenue
Tax Levy – Impact on Property
y Burnsville has one of the lower tax rates in the county
y Calculation of property tax rates is complicated
y Council does not set the property tax rate
y Council does not determine how property taxes are distributed across individual property types
y Council does set the amount of tax dollars, the levy, to be certified for collection in any given
year
y Tax levy does not automatically increase/decrease unless the Council votes to change it
y Impact to typical individual properties is still an important consideration
2
May 26, 2009
ITEM 1. 2009 BUDGET DISCUSSION (continued)
Preliminary Estimate of Distribution of Properties by % Change in Assessed Market Value from Tax
Payable Year 2009 to 2010
y Residential values have dropped significantly more than Commercial/Industrial and Apartments.
Change in City/EDA Taxes Paid by Average Valued Residential Property ($227,000)
y Constant Tax Rate = ($79)
y 0% Levy Increase = ($30)
y 4% Levy Increase = $10
Change in City/EDA Taxes Paid by Commercial Property ($1M)
y $1M Commercial Property with 3% Gain in Value
y Constant Tax Rate = $205
y $1M Commercial Property with 4.5% Loss in Value
y Constant Tax Rate = ($354)
Personnel Costs
y All of the city’s five labor contracts are closed and not presently open for negotiation
y Management met with the five labor bargaining units, representing just over half of the city’s
total workforce, to ask them to consider voluntary wage concessions
y Unions are not agreeable to open contracts
y Proposal includes holding wages constant for non-union employees
y City contribution to offset rising health insurance premiums will be reduced in order to help
balance the budget
Employee Furloughs
y Furloughs are not recommended as an option for balancing the budget
y Furloughs may provide short-term assistance in replenishing reserve funds, but furloughs are not
a long term solution
y Projected revenue over the long-term will not be sufficient to retain current number of employees
at full employment (Furloughs would need to be repeated each year)
y Recommending the workforce be reduced at this time
Impact of Spending Reductions on Allocation of Resources
y Property Taxes Pro Rated by Financial Reporting Categories Shown as a Percent of Total
2008 CAFR
Proposed Amended 2009 Budget
y General Government
12%
8%
y Public Safety
48%
53%
y Public Works & Parks
31%
31%
y Culture and Recreation
2%
1%
y Conservation of Nat Resources
3%
3%
y Economic Development
4%
4%
3
May 26, 2009
Spending Reduction Options Presented by Council Theme Area
y Public Safety: $488,000
y Reduce funding for police records management
y Reduce direct funding for traffic enforcement
y Reduce administrative support for crime analysis
y Eliminate one fire inspector position
y Eliminate plans for capital improvements related to storage of fire suppression equipment
y Council discussed the ARRA grant application for three police officers. The City
would get funds for three years then need to budget for one year after.
y Council consensus to proceed with options presented by staff.
y
Youth: $209,000
y Postpone decision to spend money on facility improvements at the round maintenance
facility – benefiting The GARAGE youth center
y Eliminate property tax support for the GARAGE while seeking off-setting grants
y Council consensus to maintain property tax support for the GARAGE
y Eliminate director position for recreation and facilities
y Reduce staff positions at the golf course, supported by property tax
y Council consensus to proceed with options presented by staff, with the only
exception being for the GARAGE operating funding.
y
Neighborhoods: $226,000
y Modify maintenance support for neighborhood skating rinks
y Eliminate management position for special projects coordinator
y Reduce the amount of resources dedicated to National Night Out
y Eliminate maintenance worker for park areas
y Eliminate community services specialist function and related position allocation
y Council discussed the need to support our volunteer program. The proposed
reduction is for a .50 FTE.
y Reduction of parks maintenance would eliminate weed control but not mowing.
y Council discussed the desire to prioritize some items to be reinstated when
funding becomes available.
y Council consensus to proceed with options presented by staff for Neighborhoods.
y
Development/Redevelopment: $422,000
y Modify funding for economic development with all funding to come from the Economic
Development Authority Fund
y Council discussed concerns with the spending down of the EDA fund.
y Council consensus to draw down of $110,000 for 2010 Budget only and revisit.
y Eliminate administrative support position for processing of permits, plan review, and
code enforcement
y Eliminate seasonal position for property maintenance code enforcement
y This reduction will have a significant impact on enforcement - staff will make
best effort to address concerns and manage expectations.
y Reduce spending for Heart of the City beautification
y Council discussed the costs of the flower baskets and associated assessments
charged to the HOC property owners.
y Council consensus to move forward with Option 2 for flower baskets including a
proportionate reduction to assessed fees starting in 2010.
y Also, consensus to move forward with Option A for holiday lighting during the
2009/2010 winter season.
y
4
May 26, 2009
y
y
Eliminate administrative position focused on assisting with land use clearance application
process, including support for the Planning Commission
Eliminate inspector position for plan review and walk-in counter support
y Council consensus to proceed with remaining options presented by staff,
including to rescind the Vacant Property Ordinance.
y
Environment: $130,000
y Modify funding for sustainability program to include an allocation of overhead costs to
the sustainability fund
y Eliminate supplies and professional costs associated with the urban forest management
program – and eliminate the cul-de-sac improvement fund
y Eliminate weekend street sweeping –extending the period of time to complete this work
y Council consensus to proceed with options presented by staff.
y
Transportation: $845,000
y Modify the Infrastructure Trust Fund ordinance, extending the period of time to reach full
funding
y Council consensus to support bonding option. . Councilmember Crichton
opposed.
y Reduce staffing in engineering services by two positions
y Eliminate planned spending on equipment for snowplowing
y Council consensus to initiate an assessment policy for sidewalk plowing.
y Eliminate maintenance worker position in public works
y Extended response time for service
y
City Services: $1,035,000
y Modify how tourism services are provided – given past Council discussion this concept is
not reflected in the current reduction total
y Council consensus to retain current CVB contract.
y Eliminate funding for citywide employee organizational development
y Eliminate internship support in almost all areas
y Eliminate receptionist and courier services position
y This reduction would affect delivery of Planning Commission and City Council
agenda background materials. Members will have e-packets or option to pick up
a paper copy at City Hall Staff will be flexible in working with volunteers on the
Planning Commission during this transition.
y Eliminate some city memberships
y Modify how support is offered for Lake Alimagnet Center for the Arts
y Recognize additional savings from partnership with Dakota Communication Center
y Discontinue support at no cost for legacy community events
y Council consensus to reduce 50% of funding support starting in 2010.
y Staff reported no response yet for BA191 proposal on the Lake Alimagnet House.
y Recognize fuel savings from joint purchasing
y Utilize revenue available to pay for city services from collection of a host fee in lieu of
tipping fee
y Reduce custodial staffing and accept change in service
y Eliminate employee tuition reimbursement program
y Council consensus to cut this program for 2010 budget and revisit after one year.
y Reduce funding for wage adjustments for non-union employees
y Reduce funding plans for an increase in contribution by the city to offset health insurance
premium expense for employees, both union and non-union
y Council consensus to move forward with options presented by staff.
5
May 26, 2009
y
Implement special assessment policy for sidewalk plowing
y Council consensus to proceed with remaining options presented by staff for City
Services.
y
Financial Management: $107,000
y Eliminate accounting manager position impacting financial accounting and reporting
y Council consensus to eliminate this position.
y
Healthy Cities Initiative: $53,000
y Eliminate staffing and other direct support
y Council consensus to move forward with this option presented by staff.
Tax Levy Assumptions for 2010
y Target for budget reductions assumes a 0% tax levy increase – the low end of the 0-2% range
y Council may want to consider a tax levy adjustment of a different amount, whether that be larger
or smaller
y Each 1.0% of tax levy increase generates approximately $260,000
y Total tax levy certified for 2009 was $26,489,715, which includes $410,000 for the EDA levy
Capital Projects
y Propose to defer or eliminate specific capital projects to provide additional one-time cash to the
General Fund
y Financial relief to the General Fund would not be permanent, unless other decisions on long term
funding cuts for annual capital spending were made
y One-time cash is needed to pay for one-time costs of reducing the workforce and to restore loss of
cash from 2008 MVHC un-allotment
Capital Projects for Budget Reductions
y Defer improvements to the round maintenance facility - $500K
y Defer replacement of city hall parking lot - $261K
y Defer replacement of ice rink boards - $25K
y Defer expansion of Black Dog parking lot to add parking spaces - $65K
y Eliminate contribution to Bloomington Old Cedar Ave Bridge - $75K
y Eliminate construction of shelter an Tennisoux Park - $22K
y Defer community garden – east side - $22K
y Modify project for Lac Lavon restrooms/concessions - $65K
Implementation Strategy
y Proposed budget reductions include the elimination of approximately 20 positions
y City has had a hiring freeze in place for several months
y Staff reductions will be achieved by following a three tiered process
(1) Attrition to the extent available
(2) Voluntary separation incentive program vacancies to the extent available and appropriate
(3) Layoffs to the extent necessary
Does the Council want staff to proceed with developing the 2010 budget for consideration in November
based on 0% increase in the tax levy, or consider a different amount?
y City Manager Ebeling reported that approximately a 0.5% increase in tax levy would be
necessary to cover the exceptions to options presented by staff this evening.
y Council discussed the impacts of an increase in tax levy on residential/commercial properties.
y No consensus was reached. Mayor Kautz and Councilmember Gustafson recommended a 1%
increase in the tax levy. Councilmember Sherry recommended a 0.5% increase. Councilmember
Kealey and Councilmember Crichton recommended a 0% increase.
May 26, 2009
_________________________________________
Approved by the City Council of the City of Burnsville this 2nd day of June, 2009.
__________________________________________
6
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date
Item number
_____ 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 $8,213,665.05.
ATTACHMENTS
Claims Listing
hb/dm
06/02/2009
4B
CITY COUNCIL
Claims Listing
Council Meeting: June 2, 2009
Claims Period: 5/15 - 5/28/09
Check / Wire
Date
05/15/09
05/15/09
05/15/09
05/15/09
05/18/09
05/18/09
05/18/09
05/18/09
05/19/09
05/19/09
05/19/09
05/21/09
05/22/09
05/22/09
05/22/09
05/22/09
05/22/09
05/22/09
CLAIMS PAID
$
Total Claims
63,347.63
853,212.55
5,410.39
423.87
146,189.65
1,981.61
7,666.00
540.21
1,066.26
32048.41
33.93
16,678.00
239.70
154,024.84
5,710.82
806.75
574,891.44
133,365.26
$ 1,997,637.32
PAYROLL
$ 1,997,637.32
TOTAL CLAIMS AND PAYROLL
INVESTMENT PURCHASES
Stifel Nicolaus
Stifel Nicolaus
Stifel Nicolaus
Stifel Nicolaus
Stifel Nicolaus
UBS
US Govt Securities
US Govt Securities
US Govt Securities
US Govt Securities
US Govt Securities
US Govt Securities
5/19/09
5/20/09
5/20/09
5/26/09
5/27/09
5/27/09
1,000,000.00
1,216,415.81
1,034,556.67
912,742.75
1,049,000.00
1,003,312.50
$ 6,216,027.73
TOTAL INVESTMENTS
$ 8,213,665.05
TOTAL CLAIMS REPORT
Submitted by
Kelly Strey, Financial Accounting Director
* Claims detail available in the office of the CFO.
*
CITY OF BURNSVILLE
Meeting Date
Item number
06/02/2009
4C
ACTION:_____ New Policy____ Clarification/Revision of Past Policy ______ Present Policy
__X___ Required by Law _____ Previous Council Action ______ Council Theme _____ Housekeeping
ITEM
Consider Approval of Supplemental Agreement #11 with Lund Martin for the Burnsville Performing Arts Center
Consider Approval of Supplemental Agreement #11 with Lund Martin for the Burnsville Performing Arts Center
FACTS
x September 27, 2007, the Council accepted the bids and approved a contract for construction of the
Performing Arts Center with Lund Martin Construction Inc. for a total of $17,214,100.
x
Supplemental Agreement #1 - January 7th, 2008 Council accepted contract alternates 16 and 17 - audio
visual equipment for the main theater and audio visual equipment for the black box theater totaling
$267,296.
x
Supplemental Agreement #2 - February 4th, 2008 Council approved “value engineering” items for a
contract deduction totaling $303,143.
x
Supplemental Agreement #3 - May 5th, 2008 Council approved changes totaling $9,492.
x
Supplemental Agreement #4 – June 17th, 2008 Council approved a deduction of $62,441.
x
Supplemental Agreement #5 – August 19th, 2008 Council approved changes totaling $31,027.
x
Supplemental Agreement #6 – September 16th, 2008 Council approved changes totaling $18,233.
x
Supplemental Agreement #7 - November 18th, 2008 Council approved changes totaling $69,006.94.
x
Supplemental Agreement #8 – January 6th, 2009 Council approved changes totaling $137,159.
x
Supplemental Agreement #9 – March 17th, 2009 Council approved changes totaling $108,952.
x
Supplemental Agreement #10 – April 21st, 2009 Council approved changes totaling $44,292.
Council is being presented again with work order items for the Performing Arts Center. These changes total
$139,116, are listed below, and result in a new contract amount of $17,673,091.94. Staff will continue to present
these work orders to Council in bundles as they are processed.
PR #
43r2
124r2
133
135
138r
141
Description
Soil removal
Miscellaneous gypsum board additions, electrical and mechanical
revisions
Addition of plywood, ice and water shield, modifications at all glass
parapets
Sealing air supply plenum
Box boom connections
Modifications to wood base and acoustical wall panels
Work Order Amount
$23,052
$29,845
$5,622
$44,856
$2,017
$7,967
142
143
151
A03r
A007
A014
A015
A017
A025
A028
A029
Concrete topping at terrace in lieu of pavers, additional soffit in banquet
room
Relocation of drinking fountain
Miscellaneous modifications to railing, ramp and lighting (1)
Importation of soil
Labor and materials for changing steel design connections
Civil changes to service ramp catch basin
Structural changes to connector beams
Addition of roof flashing
Steel height changes
Additional modifications to handrails, thickness adjusted, removal and
reinstallation
Removal of irrigation from project
Change Totals to Date
($1,990)
$2,304
$9,695
$10,289
$2,263
$578
$5,988
$882
$2,460
$788
($7,500)
$139,116
Some work orders have been deductions, where we have seen a cost savings by substituting materials or
changing work scope without compromising quality or aesthetics. Other work orders have resulted in additions
to the contract amount. The project budget is still carrying a contingency that allows for anticipated changes to
the cost of construction. Additions to the contract amount will be absorbed in the project contingency.
BD
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
6/2/2009
4D
______ Council Theme
______ Housekeeping
ITEM
Consider Approval of Change in Operating Managers and Corporate Officers for Liquor License Holders.
Approve the following Operating Managers and Corporate Officers:
3.2 Percent Off-Sale Super America #4201 – Mark Westphal
Super America #4211 – Mary Sanna
Super America #4460 – Michael Hussung
Super America #4383 – Melissa Contrella
Aldi Foods – Scott Mattern
3.2 On-Sale/Wine
Chipotle Mexican Grill – Aaron Goode
On-Sale A –
BUCA de Beppo – Dennis Goetz and Thomas Avallone
FACTS
The before mentioned liquor license holders have submitted applications for new operating managers and corporate
officers of the above mentioned locations during the renewal process of the liquor licenses. All documents have been
received and the fees have been paid.
The Police Department completed the background investigations on these individuals and found no reason to deny them
the requested status.
TMZ
Meeting Date
Item Number
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__ __ Clarification/Revision of Past Policy
_____ Required by Law _____ Previous Council Action
06/02/2009
4E
__X___ Present Policy
______ Council Theme ______ Housekeeping
ITEM
Consider Authorization to Purchase Holmatro Hydraulic Rescue Tool
Approve the purchase of one (1) Holmatro CORE Hydraulic Rescue Tool equipment assembly in the amount of
$26,933.24.
FACTS
The 2009 Capital Budget includes $29,000.00 to replace a hydraulic rescue tool assembly for the Fire Department.
The Holmatro CORE hydraulic rescue tool is a heavy duty rescue tool used in rescue situations for extrications
most commonly involving vehicle crashes and industrial incidents. These tools pry, spread, and cut with more than
200,000 pounds of force.
Written bid quotes were obtained in February, 2009 from the manufacturer’s authorized regional distributor with
the following results:
Item
Power Unit
Spreader
Cutter
Ram
Ram Support (2)
Hose, 32’ (2)
Hose, 100’ (Reel x2)
Shipping
Grand Total
List Price
8606.00
5917.00
5423.00
4500.00
606.00
1644.00
3184.00
36.24
$29,916.24
Bid Price
7745.00
5325.00
4881.00
4050.00
550.00
1480.00
2866.00
36.24
$26,933.24
These bid quotes were reviewed and evaluation concluded the equipment meets specified needs and provides
significantly discounted pricing.
Staff recommends the bid of Jefferson Fire & Safety, Inc. be awarded in the amount of $26,933.24. The equipment
proposed meets all of the department’s specifications and is within the allocated budget amount.
DTH
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
X
06/02/2009
4F
______ New Policy ______ Clarification/Revision of Past Policy _____ Present Policy
Required by Law
______ Council Theme _____ Housekeeping
ITEM
Consider Resolution Accepting Bid and Awarding Contract for Bids for Judicial Road and 155th Street
Roadway Improvements (09-103) and 150th Street Watermain Improvements (09-307).
Approve Standard Resolution A-6 accepting bid and awarding contract for the improvements listed above.
FACTS
x
December 2006 – Council orders preparation of a preliminary report for Judicial Road and 155th Street.
x
May 2007 – At a public hearing Council orders a roadway improvement project on Judicial Road from
Woods Trail South to Valley View Drive. The remaining portions of Judicial Road and 155th Street
were to be constructed in 2009.
x
October 2008 – Council orders revising the preliminary report for road improvements on Judicial Road
south of Valley View Drive and 155th Street from Judicial Road to County Road 5. This was a
necessary legal action to follow the special assessment process.
x
No sanitary sewer or watermain exist in these roadways.
x
A watermain expansion project near County Road 5 and 150th Street necessary to deliver more water
flow to the southwest area was identified in the preliminary report and is proposed with this project as
well.
x
The project is identified in the Capital Improvements Plan for 2009.
x
December 2008 – The project was discussed at a Council Worksession. Staff was directed to move
forward with the project based upon: the City not including any underground municipal utilities with
the project, a 40% special assessment rate, no curve modifications on 155th Street and no trail
construction associated with the project.
x
January 2009 – All property owners proposed to be assessed were invited to a neighborhood meeting
describing the project based upon the direction given at the worksession meeting. Approximately 20
people attended the meeting. No property owners expressed dissatisfaction with the proposed project.
x
January 2009 – The City Council received the preliminary report, called for a public hearing and
ordered preparations of plans and specifications for the roadway improvements.
x
March 2009 – The City Council conducts the public hearing, discusses the assessment methodology
basing the assessments upon buildable lots and orders the project.
x
March 2009 – The City Council orders the 150th Street watermain improvement project. This project is
funded exclusively from the sewer and water utility fund.
On May 26th, 2009 at 2:30 p.m., bids were received for the projects described above.
G:\AGENDA\Engineering\2009\06-02\4F - Judicial Road 155th 150th Award Contract 060209.docx
Item No. 4F
June 2, 2009
Page 2
Six bids were opened and the results are given below.
BIDDERS
BASE BID*
ALTERNATE**
BASE BID +
ALTERNATE***
1
McNamara Contracting
$547,979.62
$63,258.00
$611,237.62
2
Valley Paving, Inc.****
$554,171.84
$65,334.16
$619,506.00
3
Northwest Asphalt Inc.****
$561,236.43
$60,273.52
$621,509.95
4
Asphalt Surface Technologies Corp.
$663,891.00
$61,636.00
$725,527.00
5
Park Construction Company
$654,517.89
$65,528.80
$720,046.69
6
Bituminous Roadways – Shakopee****
$671,611.45
$74,612.00
$746,223.45
* Base Bid is equal to the bituminous curb cost subtracted from the base bid as a whole
** Bid alternate is equal to the amount required to construct concrete curb in lieu of the bituminous curb
*** Base Bid + Alternate is equal to the amount required to build the project with concrete curb where shown
on the construction drawings. It is recommended to award the project with the alternate because the
project is still significantly under projected costs and the alternate will provide a longer lasting and more
maintainable road pavement.
**** Corrected amounts
The Base Bid + Alternate Engineer’s Estimate for this project was $776,000.
DISCUSSION
This agenda item is intended to proceed with the street improvements in Judicial Road and 155th Street and
watermain improvements in 150th Street by awarding the contract for work to McNamara Contracting, Inc. The
project will be significantly less costly than expected in the engineer’s estimate and what has been
communicated as probable costs to the benefitting property owners. City staff recommends awarding the bid
alternate of constructing concrete curb where there is no ditch to convey stormwater. The base bid included
asphalt curbing which will not last as long or be as effective in protecting the edges of the roadway pavement as
concrete curbing. This asphalt curbing would be eliminated from the contract if the alternate is approved. The
base bid column in the table above includes the deletion of the bid prices for the asphalt curb. The estimated
final total project cost including in the bid alternate and engineering and administration costs based upon the
bid results for the Judicial Road and 155th Street project is $160,000 less than what was estimated resulting in
lower costs to the City and an approximate assessment reduction of $1,000 per lot to the affected private
property owners. The watermain project on 150th Street is under the estimate by approximately $110,000.
These projects were planned for under the general outlay of the City’s Capital Improvement Plan and the
project specific outlay of the preliminary report approved in January and ordered in March. The projects as
described in the preliminary report are feasible, cost effective and a necessary improvement for the City of
Burnsville.
G:\AGENDA\Engineering\2009\06-02\4F - Judicial Road 155th 150th Award Contract 060209.doc
Item No. 4F
June 2, 2009
Page 3
RECOMMENDATION
City staff recommends accepting the bid and awarding the contract to McNamara Contracting, Inc. for the
Judicial Road and 155th Street roadway improvements (09-103) and the 150th Street Watermain Improvements
(09-307).
ATTACHMENTS
Judicial Road/155th St/150th St Exhibit
RDP
G:\AGENDA\Engineering\2009\06-02\4F - Judicial Road 155th 150th Award Contract 060209.doc
D
IC
IAL
R
JU
D
PROPOSED WATERMAIN
EXPANSION
150TH ST W
URBAN STREET
IMPROVEMENTS
IN 2007
PROPOSED ROADWAY
IMPROVEMENTS
R
CORD 5
D
IEW
EY V
L
L
A
V
JUDIC
D
IAL R
TW
HS
T
5
15
CITY OF BURNSVILLE
CITY OF LAKEVILLE
City of Burnsville
100 Civic Center Parkway
Burnsville, MN 55337
(952) 895-4400
JUDICIAL ROAD/155TH STREET
PRELIMINARY REPORT EXHIBIT
Meeting Date:
Item number
CITY OF BURNSVILLE
ACTION:
06/02/2009_
4G
_____ New Policy ____ Clarification/Revision of Past Policy __X__ Required by Law
_____ Housekeeping
ITEM
Consider Resolution Approving Agreement with Dakota County and Mn/DOT for Removal of the Existing
Traffic Control Signal and Install New Traffic Control Signal with St. Lights, Emergency Vehicle Pre-emption,
and Signing on T.H. 13 at CSAH 30 Diffley Rd/Cedarbridge Avenue and at River Hills Drive. (09-503)
Adopt the attached resolution and approve Agreement between Dakota County and Mn/DOT, and the City of
Burnsville for the operation of the Traffic Control System at T.H. 13 at Diffley Rd/Cedarbridge Avenue and
River Hills Drive and have Mayor and City Manager sign.
FACTS
Mn/DOT had determined that there was justification and was in the public’s best interest to remove the existing
traffic control signals and install new traffic control signals with street lights, emergency vehicle pre-emption,
interconnect and signing on Trunk Highway 13 at Diffley Road/Cedarbridge and River Hills Drive. Council had
concurred with Mn/Dot on that proposal at their October 7, 2009 Council meeting and authorized the cost
participation.
This current Agreement replaces the existing Agreements between the State of Minnesota, Department of
Transportation, Dakota County and the City of Burnsville.
The Agreement established the cost sharing responsibilities, maintenance and operation responsibilities,
payment procedures, and liability issues. The annual cost of maintenance is included in the Public Works Street
budget. The Agreement is the standard signal agreement that the City has executed with Mn/DOT on previous
signal systems within the City.
The City attorney has reviewed this agreement and recommends its approval. Due to the length, the agreement
is not attached, but is available for review in the Engineering Department.
ATTACHMENT
Resolution
Bb
G:\agenda\engineer\2009\06-02-09\ 4GSignal Agreement
RESOLUTION NO. 09 - ____
CITY OF BURNSVILLE, MINNESOTA
APPROVING AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION (Mn/DOT), DAKOTA COUNTY FOR REMOVING THE EXISTING
TRAFFICCONTROL SIGNALS AND INSTALL NEW TRAFFIC CONTROL SIGNALS
ON TRUNK HIGHWAY 13 AT COUNTY STATE AID HIGHWAY NO. 30 (DIFFLEY RD.)
/CEDARBRIDGE AVENUE, AND AT RIVER HILLS DRIVE
(CITY PROJECT 09-503)
WHEREAS, Mn/DOT has entered into an Agreement with Dakota County and the City of
Burnsville for the removal of the existing traffic control signals and to install new traffic control signals
on Trunk Highway 13at CSAH 30 (Diffley Rd.)/Cedarbridge Avenue and at River Hills Drive; and
WHEREAS, it has been determined to include street lights, interconnect and signing and provide
Emergency Vehicle Pre-emption Systems in accordance with State plans, specifications and special
provisions designated as State Project No. 1901-152 (T.H. 13=117), State Aid project No.’s 19-730-10
and 179-030-003 and in the records of the Federal Highway Administration as Minnesota Project No.
ES09ES, within the corporate City limits of Burnsville; and
WHEREAS, the State will perform all construction engineering and inspections in connection
with the construction; and
WHEREAS, the Agreement defines the appropriate costs of the replacement based on the
percentage of legs controlled by the agency; and
WHEREAS, the City will pay their percentage upon satisfactory completion and acceptance of
the construction and upon computation of the final amount based on final quantities covered under said
Agreement.
BE IT RESOLVED, that the City of Burnsville will be requesting that their funding share come
from Municipal State Aid (MSA) funds; and
BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorizing to execute
this Agreement for the rebuilding of the traffic control signals on Trunk Highway 13 at CSAH 30 (Diffley
Road)/Cedarbridge Avenue and at River Hills Drive.
Passed and duly adopted this 2nd day of June, 2009, by the City Council of the City of Burnsville.
ATTEST:
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
X
New Policy
Required by Law
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
06/02/2009
4H
Present Policy
Housekeeping
ITEM:
Consider an Ordinance Amendment to Title 10, Chapter 19, Section 3A of the Burnsville City Code Relating to
Outside Storage at Motor Fuel Stations.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adoption of Ordinance and Approve Summary Ordinance.
STAFF RECOMMENDATION: N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission reviewed the proposed ordinance amendment and held a public hearing on May 27,
2009. The Commission found the ordinance to be reasonable and was supportive of the language. The additional
parameters for the product location are helpful and there was consensus to recommend approval.
The public made no testimony on the ordinance amendment.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended 5 - 0 approval of the proposed ordinance amendment as presented.
PLANNING COMMISSION SUGGESTIONS: N/A
LEGAL DOCUMENTS:
City Council conditions of approval shall be incorporated into the following legal documents:
Development Contract (Plat)
Combined Dev. Contract/PUD Agreement
PUD Agreement
Amended PUD Agreement
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
ATTACHMENTS:
(5/27/09) P.C. Report & Packet
(5/27/09) Unapproved P.C. Minutes
Findings of Fact
Final Ordinance
CS
g:\planning\agenda\cc\2009\06-02-09\motor fuel council background.docx
Ordinance
Ordinance Summary
Resolution
Variance
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Meeting Date:
Item Number:
Project No.:
05/27/2009
5
09-14
PRESENTERS:
Chris Slania, Planner
ITEM:
Public Hearing – City of Burnsville – Application for an Ordinance Amendment to Title 10, Chapter 19, Section
3A of the Burnsville City Code Relating to Outside Storage at Motor Fuel Stations.
60-DAY RULE SUMMARY: N/A
BACKGROUND/OVERVIEW:
This item was previously discussed at the April, 27, Council worksession. Pursuant to the current language in the
ordinance: All goods for sale by a motor fuel station convenience store other than petroleum based products
required for the operation and maintenance of motor vehicles shall be displayed within the principal motor fuel
station structure. The provision allows fuel stations to display oil, antifreeze and windshield washer fluid outside
but does not apply to pop, salt, or ice machines. This language has been part of the motor fuel station criteria since
1992 when the City last reviewed this section of the ordinance.
Pursuant to the ordinance the land use of a motor fuel station requires a Conditional Use Permit or approval of a
Planned Unit Development. Regardless of the specific business or land use outdoor sales or storage in the B-3
(General Business) or B-4 (Highway Business) Zoning Districts requires a Conditional Use Permit. No outdoor
sales or storage is permitted in the B-1 (Office Business) or B-2 (Neighborhood Business) Zoning Districts.
ISSUES
Staff surveyed Burnsville’s market cities to provide additional reference regarding exterior storage in other
communities. Attached is a brief outline of ordinance requirements from other communities in the metro area. Of
the eleven communities contacted four require a CUP for exterior storage and seven allow it as a permitted use
within specific parameters and conditions. A summary is below:
CUP Required
Apple Valley
Lakeville
Minnetonka
*Brooklyn Park
Permitted with Parameters
Bloomington
Coon Rapids
Eagan
Edina
Eden Prairie
Inver Grove Heights
Plymouth
*In Brooklyn Park food and beverage vending machines, ice machines and propane exchanges are permitted
outside.
There are a number of options to consider in association with amending the ordinance such as processing outdoor
storage as part of the fuel station CUP; requiring a separate permit for the exterior storage; limiting the size,
location, and setbacks for products; limit exterior storage to enclosed machines and limiting the type of
merchandise allowed outside. The complete worksession background and research is available from staff should
any Commissioners request it.
Motor Fuel Stations – Title 10, Chapter 19
May 27, 2009
Page 2
The correlation between the ordinance criteria and staff enforcement is also important. The ability to prohibit or
allow exterior storage and display on a broad approach helps manage the staff time and resource on enforcement
action.
HISTORY:
The City Council reviewed this item at the April 14, 2009 worksession and was supportive of the amendment. The
Council directed staff to revise the language to permit ice machines only at fuel stations and move the amendment
forward to a public hearing. Council discussed aesthetics, convenience, and business operations as part of the
worksession. The proposed amendment is business friendly and a good compromise with minimal aesthetic
impact.
DEVELOPMENT SUMMARY CHART:
PUD/PLAT DETAILS:
OVERLAY or SPECIAL DISTRICTS
BUILDING MATERIALS AND ARCHITECTURE:
PARKING / LOADING:
TREE PRESERVATION:
LANDSCAPING:
SCREENING:
SIGNAGE:
LIGHTING:
ENGINEERING CONSIDERATIONS:
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
PLANNING CONSIDERATIONS:
ROLE OF PLANNING COMMISSION:
A public hearing is to be held by the Planning Commission. The Planning Commission should discuss the draft
text amendments and make a recommendation to the City Council.
RECOMMENDATION:
Staff recommends approval of the proposed ordinance amendment to the Planning Commission and Council.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “x”)
Exhibits:
Proposed Ordinance
CS
g:\planning\agenda\pc\2009\05-27-09\city - ice machines at fuel stations\pc background_10_19_3a.docx
ORDINANCE NO. _______
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDMENT TO TITLE 10, CHAPTER 19, SECTION 3A
OF THE BURNSVILLE CITY CODE TO ALLOW ICE MACHINES TO BE LOCATED
OUTSIDE OF MOTOR FUEL STATIONS
CASE FILE NO. 09-14
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS:
SECTION 1. Title 10, Chapter 19, Section 3 (A) of the Burnsville city Code is amended to add
the underlined language and delete the strikethrough language to read as follows:
10-19-3:
(A)
SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS IN B-2 AND
B-3 DISTRICTS:
Motor fuel stations shall be subjected to the following standards:
1. Canopy Height: The total height of any overhead canopy or weather protection shall not exceed
twenty feet (20') in height.
2. Open Storage: Open storage of motor vehicles shall not be permitted for a period of more than
forty eight (48) hours and then only if it is screened.
3. Sales, Rentals Prohibited: No sales or rental of motor vehicles or trailers or campers shall be
permitted.
4. Goods For Sale: All goods for sale by a motor fuel station convenience store other than
commercial freezers for ice and petroleum based products required for the operation and
maintenance of motor vehicles shall be displayed within the principal motor fuel station structure.
No displays shall be permitted in required parking or driveway areas, landscape areas, required
setback areas, or any right of way or other public property. Displays may be permitted on
sidewalks, only if they leave at least four feet (4') of sidewalk width available to pedestrians.
5. Compatibility: Each motor fuel station shall be compatible with the area in which it is located.
6. Landscaping: A minimum ten foot (10') landscaped yard shall be planted and maintained
behind the property line along all public streets. A landscaped yard not less than five feet (5')
wide shall be maintained along exterior property lines.
7. Motor Fuel Dispenser Location: Motor fuel dispensers shall be located at least thirty feet (30')
from a property line, and one hundred feet (100') from an R-1, R-1A, or R-2 district property line.
8. Setbacks:
a. Structures shall be set back:
(1)
Front: 30 (60) feet
Page 2
(2)
Side:
30 (50) feet
(3)
Rear:
30 (50) feet
b. Setbacks in parentheses apply to lot lines adjacent to R-1, R-1A and R-2 districts.
9. Lot Size And Width:
a. Lot Size:
(1) Motor fuel station (class I): Twenty thousand (20,000) square feet.
(2) Motor fuel station (class II): Thirty thousand (30,000) square feet.
b. Lot Width:
(1) Motor fuel station (class I): Two hundred feet (200').
(2) Motor fuel station (class II): One hundred fifty feet (150').
10. Electronic Speaker Devices: Electronic speaker devices shall be regulated as provided in
section 10-7-9 of this title. Exterior speakers shall not be allowed on sites that abut residential
uses unless expressly permitted as part of a conditional use permit.
11. Car Wash Stacking Requirements: Car wash stacking requirements shall be regulated as
provided in section 10-7-26 of this title.
12. Adjacent Parcels: Any parcel which adjoins another parcel at one corner and any parcel
which is across the street from a motor fuel station parcel, except for a principal or intermediate
arterial, shall be considered to be adjacent for the administration of this section.
SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED this _____ day of ____________, 2009 by the City Council of the City of Burnsville.
CITY OF BURNSVILLE
BY:
ATTEST:
UNAPPROVED PLANNING COMMISSION MINUTES – MAY 27, 2009
5.
Public Hearing – City of Burnsville – Application for an Ordinance Amendment to Title 10,
Chapter 19, Section 3A of the Burnsville City Code Relating to Outside Storage at Motor
Fuel Stations.
Slania presented an overview of the application advising that staff recommends that the Planning
Commission recommend to the City Council approval of the application.
Esch called for questions of staff:
Turner asked if the storage of firewood has been addressed.
Slania stated that staff is confident with the Fuel Station’s ability to abide by the requirements of the
items listed in the ordinance. Staff could follow up with firewood specifically.
Turner also asked about bait machines.
Slania stated the current ordinance does not allow outside pop, bait or DVD rental box machines without
a CUP or PUD.
Manhart asked if ice machines will be lit.
Slania stated the ordinance allows for information or directional signage. A permit would be needed if
they request something beyond that square footage.
Turner asked who will be watching these stations because she is aware of a station displaying washer
fluid within their cardboard case but the cardboard is disintegrating from getting wet. She asked if there
will be display requirements.
Teiken asked if staff had concerns with no limits on the size of ice containers.
Slania stated it was discussed but have left it up to common sense of what can be displayed and how
much. Size is not specifically written out in the ordinance.
Teiken noted there were other requirements relating to placement so he felt the displays would be limited
anyway.
At 8:10 p.m., Esch opened/closed the Public Hearing and called for discussion among the
Commissioners.
Manhart moved to approve the ordinance amendment.
Currier seconded the motion.
Ayes: Currier, Esch, Manhart, Teiken and Turner. Nays: None. Motion to approve passes (50).
CITY OF BURNSVILLE
AN ORDINANCE AMENDMENT TO TITLE 10, CHAPTER 19, SECTION 3A
OF THE BURNSVILLE CITY CODE TO ALLOW ICE MACHINES TO BE LOCATED
OUTSIDE OF MOTOR FUEL STATIONS
CASE FILE NO. 09-14
SECTION 1. Title 10, Chapter 19, Section 3 (A) of the Burnsville city Code is amended to add
10-19-3:
(A)
SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS IN B-2 AND
B-3 DISTRICTS:
Motor fuel stations shall be subjected to the following standards:
1. Canopy Height: The total height of any overhead canopy or weather protection shall not exceed
twenty feet (20') in height.
2. Open Storage: Open storage of motor vehicles shall not be permitted for a period of more than
forty eight (48) hours and then only if it is screened.
3. Sales, Rentals Prohibited: No sales or rental of motor vehicles or trailers or campers shall be
permitted.
4. Goods For Sale: All goods for sale by a motor fuel station convenience store other than
commercial freezers for ice and petroleum based products required for the operation and
maintenance of motor vehicles shall be displayed within the principal motor fuel station structure.
No displays shall be permitted in required parking or driveway areas, landscape areas, required
setback areas, or any right of way or other public property. Displays may be permitted on
sidewalks, only if they leave at least four feet (4') of sidewalk width available to pedestrians.
5. Compatibility: Each motor fuel station shall be compatible with the area in which it is located.
6. Landscaping: A minimum ten foot (10') landscaped yard shall be planted and maintained
behind the property line along all public streets. A landscaped yard not less than five feet (5')
wide shall be maintained along exterior property lines.
7. Motor Fuel Dispenser Location: Motor fuel dispensers shall be located at least thirty feet (30')
from a property line, and one hundred feet (100') from an R-1, R-1A, or R-2 district property line.
8. Setbacks:
a. Structures shall be set back:
(1)
Front: 30 (60) feet
Page 2
(2)
Side:
30 (50) feet
(3)
Rear:
30 (50) feet
b. Setbacks in parentheses apply to lot lines adjacent to R-1, R-1A and R-2 districts.
9. Lot Size And Width:
a. Lot Size:
(1) Motor fuel station (class I): Twenty thousand (20,000) square feet.
(2) Motor fuel station (class II): Thirty thousand (30,000) square feet.
b. Lot Width:
(1) Motor fuel station (class I): Two hundred feet (200').
(2) Motor fuel station (class II): One hundred fifty feet (150').
10. Electronic Speaker Devices: Electronic speaker devices shall be regulated as provided in
section 10-7-9 of this title. Exterior speakers shall not be allowed on sites that abut residential
uses unless expressly permitted as part of a conditional use permit.
11. Car Wash Stacking Requirements: Car wash stacking requirements shall be regulated as
provided in section 10-7-26 of this title.
12. Adjacent Parcels: Any parcel which adjoins another parcel at one corner and any parcel
which is across the street from a motor fuel station parcel, except for a principal or intermediate
arterial, shall be considered to be adjacent for the administration of this section.
ADOPTED this 2nd day of June, 2009 by the City Council of the City of Burnsville.
CITY OF BURNSVILLE
BY:
ATTEST:
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
06/02/2009
4I
_____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
_____ Required by Law ____ Previous Council Action _____ Council Theme ______ Housekeeping
ITEM:
Consider Approval of an Application for The Goodman Group for a Building Permit to Rebuild the Burncliff
Apartment Building Located at 12312 Parkwood Drive; and Consider Findings of Fact.
Adopt the Findings of Fact and Approve the Building Permit.
STAFF RECOMMENDATION:
The purpose of this item is for the city council to review and approve a building permit for the reconstruction of
the Burncliff apartment building located at 12312 Parkwood Drive. The building was destroyed by fire on
December 24, 2008 and the applicant has filed a building permit to reconstruct the 63 unit apartment building as
permitted by the zoning ordinance. The site received Planned Unit Development approval in 1968 for
construction of multiple buildings on one parcel. The zoning standards have changed since the original building
was constructed however, based on state law related to non-conforming uses and structures, the property can be
reconstructed as long as a building permit is applied for within 180 days of the date of destruction. The building
permit needs to be approved by the city council which can place conditions on the approval needed to minimize
impact to adjacent property.
The only deviation for the site is the east side yard building setback which is proposed to be a 30’ as opposed to a
50’ setback. The former building also had a 30’ setback. The ordinance changed since the original apartment was
constructed and now there is a 50’ setback requirement for buildings located adjacent to collector streets which
Parkwood Drive is now designated as. To mitigate impacts associated with the shorter 30’ versus 50’ setback,
staff recommends that the applicant provide a landscape plan which adds additional trees/shrubs to augment the
existing deciduous trees planted adjacent to the east lot line. A condition has been attached to require the
submittal of a landscape plan.
The proposal is to reconstruct the apartment building in the same vicinity as the former building. The proposed
building will contain 63 apartment units which is what existed previously. There will be a mix of unit types
ranging from studio, one and two bedroom units some with dens and others without. The building exterior will be
compatible with the existing apartment building to the west. The applicant has contacted the brick manufacturer
to see if they can create the same brick design as was used in the 1968 construction. Other exterior materials
include vertical fiber cement siding, and trim, vinyl siding, prefinished aluminum fascia and soffits and asphalt
shingles. To better handle storm water, the new building is proposed to have a pitched roof with a drainage
system where roof water will be directed to the drainage system through pipes and gutters. Also, the building will
be raised about 1 foot above the former building to provide for better drainage. The other change is that the
interior stairways have been relocated from the east and west sides of the building to areas located nearer the
center of the building to lessen the distance that residents need to walk to access their units. Sidewalks adjacent to
the building are proposed to be replaced however no changes to the parking lot are needed or proposed.
The subject site is not platted. Because only a building permit is needed to rebuild per state statute, platting is not
required to rebuild the apartment building. As there is no plat or new development (only rebuilding what was
legally there before the fire), there are no new development fees that are required such as park dedication. The
city can however require utility fees to be paid per city policy. The fee amount is calculated based on the fee
The Goodman Group – Burncliff Apartment Building Permit
June 2, 2009
Page 2 of 2
structure in place when the original building was constructed (1968). The stormwater fees have not been
previously paid and total $12,900 at the 1968 rate. All required fees will need to be paid prior to issuance of the
building permit for the reconstruction.
The recommendation from staff is for the city council to approve the building permit subject to the following
conditions:
1. Submittal of a landscape plan to be approved by staff including a buffer/screening on east property line.
2. Approval of the building permit by the Building Official.
3. Any outstanding utility fees shall be paid prior to issuance of the building permit.
The entire set of building permit plans have been submitted and are on file with the Building Official. In an effort
to be succinct and identify related zoning issues, the attachments included in this background are what the council
typically reviews.
PLANNING COMMISSION ACTION / ISSUES: N/A
PLANNING COMMISSION RECOMMENDATION: N/A
LEGAL DOCUMENTS:
PUD Agreement
PUD Release
Other Legal Documents (List):
Building Permit
Interim Use Permit
Amended Interim Use Permit
ATTACHMENTS:
Findings of Fact
Minnesota Statutes
Other Exhibits (List):
Site Location Map
Pictometry
Pre-existing Building Façade Aerial Photos (2)
Boundary and Topographical Survey
Site Plan A1-1
Grading & SWPPP Plan C-2
Utility Plan C-3
Floor Plans (4)
Exterior Elevations (2)
Color Rendering Exterior Elevations
(__/__/2009) Unapproved P.C. Minutes
(__/__/2009) P.C. Report & Packet
(__/__/2009) Unapproved PNRC Minutes
(__/__/2009) PNRC Report
(__/__/2009) Unapproved HOC DRC Minutes
(__/__/2009) HOC DRC Report
DG
g/shared/agenda/cc/2009/CC Report – Burncliff Apartment Bld. Permit
Ordinance
Ordinance Summary
Resolution
Variance
Site
5E
Parkwood Drive
3
y
a
w
h
H ig
Travelers Trail East
.
Burncliff Apartments
12312 Parkwood Drive
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
North
Pictometry
Burncliff Apartments
PreexistingFacades(South)
PreexistingFacades(North)
CITY OF BURNSVILLE
IN RE:
Application of the Goodman Group
For a Building Permit to Reconstruct
An Apartment Building at 12312 Parkwood
Drive Pursuant to City Code Title 10-7-2
Nonconforming Uses and Structures
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On June 2, 2009, the Burnsville City Council met at its regularly scheduled
meeting to consider the above application of the Goodman Group for approval of a
building permit to allow the reconstruction of a 63 unit apartment building pursuant to
City Code Title 10-7-2 Nonconforming Uses and Structures to be located at 12312
Parkwood Drive.
The City Council now makes the following Findings of Fact and Decision:
1.
The subject site is zoned R3B/PUD; High Density Residential/Planned
Unit Development and guided by the Comprehensive Plan for HDR; High Density
Residential land use.
2.
The subject site received PUD approval in 1968 to allow more than one
building on a single parcel and the apartment building was constructed in 1968.
3.
Since construction of the apartment building the zoning ordinance has
been modified to require high density residential buildings to be located fifty (50) feet
from collector streets.
4.
The apartment building was originally constructed with a thirty (30) foot
setback from the east lot line.
5.
The apartment building was destroyed by fire on December 24, 2009.
6.
State law allows nonconforming uses and structures to be rebuilt following
destruction provided the owner applies for a building permit within 180 days of the
destruction date or in this case by June 22, 2009.
7.
The applicant submitted a building permit application on May 15, 2009 to
reconstruct the 63 unit apartment building substantially similar to the building that was
destroyed and utilizing the pre-existing 30’ foot east front yard setback.
8.
The zoning ordinance specifies that the city council may approve a
building permit for the reconstruction of a nonconforming use or structure and can place
conditions on the approval needed to minimize impact to the adjacent property.
9.
No land use clearances are required to reconstruct the apartment building.
DECISION
Applicant’s request for building permit approval, is hereby approved, in
accordance with the plans reviewed, modified, approved, and recorded in Clerk’s
Document No. D-09- ___ subject to the following conditions:
1. Submittal of a landscape plan to be approved by staff including a
buffer/screening on east property line.
2. Approval of the building permit by the Building Official.
3. Any outstanding utility fees shall be paid prior to issuance of the building
permit.
g:\legal09\Burncliff Apts12312 Parkwood Dr.(Goodman Group) FF
2
Adopted this 2nd day of June, 2009.
CITY OF BURNSVILLE
By:
ATTEST:
g:\legal09\Burncliff Apts12312 Parkwood Dr.(Goodman Group) FF
3
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
06/02/2009
4J
_____ Required by Law ___X__ Previous Council Action ______ Council Theme
___ Housekeeping
ITEM
Consider Waiving Fees for Development Review Application for Southwest Burnsville (Dan Callahan).
Motion approving the request and set a limit of $5000 of staff time to be used.
FACTS
At the May 12, 2009 worksession, city council directed staff to bring forward a request by Dan Callahan seeking
waiving of the development review application fees with a limit on staff hours/cost included. The nature of the
application stems from the April 14, 2009 worksession where a restudy of southwest Burnsville was discussed. The
direction from the council at that meeting was for the residents of Southwest Burnsville to propose changes via a
zoning ordinance text amendment. This would require a planning application and then seek public comments as
part of the process. Council is seeking a comprehensive and accurate account of what the residents’ desire and
specific language of what is proposed. The processing of a planning application to be submitted by the requesting
residents will yield such input and be a basis for council decision on the matter.
The City of Burnsville has an established fee policy that is reviewed and adopted each year. One of the fees
includes a planning application (land use clearance) fee of $660 with a $5,000 escrow. The $660 fee covers
standard city costs incurred to process every public hearing (support staff, mailing, agenda, notices, minutes,
routing information, recording documents, etc.) The escrow fee is collected to allow for charging of
staff/consultant time to review the technical aspects of each specific application. The more complex the application
is the more staff time is needed to review and the more hours/fees that is charged to the escrow account. This
method of charging each applicant leaves the city’s cost of processing applications to the developer and not on the
taxpayers.
Due to the complexity of the issue and the uncertainly of the specific request staff suggests a limit of $5000 staff
time/costs which is approximately 50 hours. This will be enough time to assist the applicants with preparing a redlined version of an ordinance, preparing and mailing the public hearing notices, doing some limited analysis of the
impact, and preparing the staff backgrounds. This will not cover updating any technical information or hiring
consultants or any environmental review. Such work would be substantially more. If we were to hire a consultant
rather than use staff, the cost would be higher and/or we would get less quantity of work for the same amount of
money. At this time and given the current workload, staff anticipates having resources to complete the review
within the required 60 day timeframe in-house.
ATTACHMENTS
None
JKF
Meeting Date
Item number
CITY OF BURNSVILLE
COUNCIL GOVERNANCE AGENDA BACKGROUND
ACTION:
_____ New Policy
____ Required by Law
___ Clarification/Revision of Past Policy
6/02/2009
4K
__X___ Present Policy
______ Housekeeping
ITEM
Consider Authorizing Letter of Support for Federal Funding for Truck Hwy 13 / CSAH 5 Project.
Authorize a Letter of Support for SAFETEA-LU Federal Transportation Funding for the TH 13/CH 5 Interchange
project for Dakota County’s Application.
FACTS AND ISSUES
Every two years as part of the Safe Accountable Flexible Efficient Transportation Equity Act – A Legacy for
Users, cities and counties across the country have the ability to apply for federal funding for transportation
improvements. In the Twin Cities metropolitan area the solicitation for applications and the awarding of the
funding is completed by the Metropolitan Council and its subcommittee, the Transportation Advisory Board. The
maximum amount that can be awarded to one project is $7 million. In 2005 and 2007 the City applied for this
federal funding, but we were unsuccessful.
The Dakota County Transportation Department is going to take the lead in developing the application in 2009.
City staff has been involved with their staff in this work. As part of the application, a letter of support from the
municipality in which the project is located is required. This does not obligate the City to funding the project, but
supports Dakota County in its application.
Staff recommends approval of a letter of support for the 13/5 project.
HCO
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
_____ New Policy
_____ Required by Law
____ Clarification/Revision of Past Policy
___ Previous Council Action _
6/02/2009
5
___X___ Present Policy
_ Council Theme
______ Housekeeping
PRESENTER
Bert McKasy, MAC Commissioner
ITEM
Update on New Departure Procedure from Mpls/St Paul IAP Presented by Bert McKasy, MAC Commissioner
None. This presentation is informational only.
FACTS
The MAC owns and operates the Minneapolis/St Paul International Airport. As you’ll recall, the MAC is
comprised of 14 Commissioners. Twelve Commissioners are appointed by the Governor with the remaining
two appointed by the Mayor of Minneapolis and the Mayor of St. Paul. Eight of the appointed Commissioners
represent districts within the metropolitan area with the remaining four representing out-state Minnesota. Mr.
McKasy represents MAC District H which includes Dakota County.
Mr. McKasy was first appointed to the MAC in 1999 by Governor Ventura. He was Minnesota’s Commerce
Commissioner from 1992 to 1994. Prior to that he was Senator Durenberger’s Chief of Staff and served in the
Minnesota House of Representatives. He is currently a partner in the law firm of Lindquist and Vennum. The
MAC deals with several issues of particular interest to Burnsville.
Mr. McKasy will give Council a brief update on current MAC issues and answer any questions you may have
about the MAC and airport operations.
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
6/2/2009
6
______ 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, 2009 through June 30,
2010, 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. All lodging taxes are up to date. Their licenses will not be
released until proof of payment is provided. The following changes have taken place since 2008/2009 renewals:
x
x
x
x
On-Sale/Sunday On-Sale:
Renegades is not renewing.
International Chef’s Culinary Center is closed.
El Azteca is new
Mediterranean Cruise Café is new.
x
x
x
Wine & 3.2 Percent On-Sale:
J’s Family Restaurant is not renewing wine license.
Godfather’s Pizza is not renewing.
Chuck E. Cheese is not renewing wine license.
x
3.2 Percent Off-Sale:
Mr. B’s Car Wash not renewing.
Applicants for renewal will have paid the required fees and submitted all necessary documents prior to being issued their
license. The Police Investigator has conducted the state required background checks and found no reason to deny any
renewal.
ATTACHMENTS
Liquor License Renewal List
TZ
CITY OF BURNSVILLE
09/10 LIQUOR LICENSE RENEWALS
BUSINESS NAME
DBA
BUSINESS ADDRESS
Off-Sale
Blue Max Liquors Inc.
Noehring Inc.
Hiwella Inc.
Bimla Brar
MGM Wine & Spirits, Inc.
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.
CJJC, Inc.
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.
El Azteca Burnsville, Inc.
San Miguel, Inc.
NoSo Restaurant Group
J.R.'s Family Reunion Inc.
Exceptionally Good Taste Hospitality
Ansari Corporation
Russian Tavern Inc.
GMRI Inc.
Outback/Midwest
Richmar, Inc.
GMRI Inc.
Pear One, Inc.
Awada Enterprises, Inc.
TGI Friday's of MN Inc.
Timber Lodge Steakhouse
Crystal Lake Country Club Inc.
Burnsville Development Ltd.
Applebee's
Black Dawg Bar & Grill
BUCA di BEPPO
Bumpers Sports Bar
Burnsville Bowl
Burnsville Performing Arts Center
Champps
Chateau LaMothe
Chili's SW Grill & Bar
Chianti Grill
El Azteca Mexican Restaurant
El Loro Mexican Restaurant
Hooters
J.R.'s Family Reunion
Kraemer’s Catering/AppleWood Rustic
Mediterranean Cruise Café
Nina’s Grill
The Olive Garden
Outback Steakhouse
Primetime Sport Bar & Grill
Red Lobster #281
Roasted Pear
Stephano's Italian Cuisine
TGI Friday's
Timber Lodge Steakhouse
Tuckers at Buck Hill
Holiday Inn Burnsville
2152 Bville Center
3120 W. Hwy. 13
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
2033 Burnsville Center
2501 Horizon Dr.
12950 Aldrich Ave. S.
3401 E Hwy 13
1996/98 Hwy. 13
12500 Nicollet Ave.
2510 Horizon Dr.
1451 Cty Rd 42 W
2034 W. Cty Rd 42
14103 Irving Ave. S.
1301 Cty Rd 42 W
14200 Nicollet Ave.
11849 Millpond Ave.
14400 Buck Hill Rd.
13050 Aldrich Ave S
15400 Buck Hill Rd.
14201 Nicollet Ave S.
3.2 Percent Off-Sale
Aldi Inc.
Mann Corporation
Crosstown Service Center, Inc.
SuperValu Inc.
SuperValu Inc.
Holiday Superstores Inc.
Kwik Trip Inc.
PDQ Stores of MN Inc.
Aldi Foods #85
Burnsville Kwik Mart
Crosstown Holiday
CUB Foods
CUB Foods
Holiday Stationstore #213
Kwik Trip #309
PDQ Food Store #230
1451 Riverwood Dr.
12020 Co. Rd. 11
900 W. Bnsvl Pkwy
300 Traveler Trail E.
1750 W. Cty. Rd. 42
14150 Irving Ave S
501 Crystal Lake Rd
14301 Nicollet Ct.
CITY OF BURNSVILLE
09/10 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
Byerly's Inc.
Cam Ranh Bay Rest. of Burnsville
Chinese Gourmet Inc.
Chipotle Mexican Grill of Colorado
CEC Entertainment, Inc.
Davanni's Inc.
Rib Kings of America, Inc.
House of Wu Inc.
John W. Kinney
Jensen’s Café Inc.
JoJo’s Rise & Wine Inc.
Mekong River Inc.
Burnsville Royale Ltd.
Shooters of Burnsville Inc.
Soccer Blast, Inc.
SuperMercado Olmeca
Byerly's Burnsville
Cam Ranh Bay
Chinese Gourmet
Chipotle Mexican Grill
Chuck E. Cheese’s
Davanni's
Famous Dave's Barbeque
House of Wu
J's Family Restaurant
Jensen’s Café
JoJo’s Rise & Wine
Mekong River Thai Cuisine
Select Inn
Shooters Billiard Club
Soccer Blast
SuperMercado Olmeca
401 Cty Rd 42 E
1006 W. County Rd. 42
12901 Aldrich Ave S
1025 Bville Ctr
14639 Cty Rd 11
12721 County Rd. 5
1250 W Hwy 13
2913 E. Cliff Rd.
12750 Nicollet Ave. S.
1916 Hwy. 13 E.
250 N. River Ridge Cir.
1934 E. Hwy. 13
3601 W. 145th St.
1919 W. Bville Pkwy.
Wine
Byerly's Inc.
Cam Ranh Bay of Burnsville
Chinese Gourmet Inc.
Chipotle Mexican Grill of Colorado
Rib Kings of America, Inc.
Alex Awada
Jensen’s Café Inc.
JoJo’s Rise & Wine Inc.
Mekong River Inc.
Burnsville Royale Ltd.
Shooters of Burnsville Inc.
Soccer Blast, Inc.
SuperMercado Olmeca
Byerly's Burnsville
Cam Ranh Bay of Burnsville
Chinese Gourmet
Chipotle Mexican Grill
Famous Dave's Barbeque
Giuseppe’s Restaurant
Jensen’s Café
JoJo’s Rise & Wine
Mekong River Thai Cuisine
Select Inn
Shooters Billiard Club
Soccer Blast
SuperMercado Olmeca
401 Cty Rd 42 E
12901 Aldrich Ave S
12721 County Rd. 5
14600 10th Ave.,Ste 400
1916 Hwy. 13 E.
250 N. River Ridge Cir.
1934 E. Hwy. 13
3601 W. 145th St.
1919 W. Bville Pkwy.
CITY OF BURNSVILLE
ACTION:
X
Meeting Date
Item number
06/02/2009
7
______ New Policy ______ Clarification/Revision of Past Policy ______ Present Policy
Required by Law
_____ Previous Council Action ______ Council Theme ______ Housekeeping
PRESENTER
Ryan Peterson – Assistant City Engineer
ITEM
Public Hearing – Consider Resolution Ordering Improvements and Approving Plans and Specifications and
Ordering Advertisement for Bids for Street Rehabilitation of Southcross Drive, Burnhaven Drive, Burkards
Drive, and Crystal Lake Road (09-106) and Intersection Improvements at Burnhaven Drive and Crystal Lake
Road (09-501).
Adopt Standard Resolution A-4A ordering improvements, approving plans and specifications and ordering
advertisement of bids for improvements described above.
FACTS
This agenda item is intended to proceed with this year’s street improvement projects process by ordering the
improvements, approving the plans and specifications and ordering the advertisement for bids on the following
projects:
x
x
Street Rehabilitation of Southcross Drive, Burnhaven Drive, Burkards Drive, and Crystal Lake Road
(09-106)
Intersection Improvements (Roundabout) at Burnhaven Drive and Crystal Lake Road (09-501)
The above projects above were planned for under the general outlay of the City’s Capital Improvement Plan and
the project specific outlay of the preliminary report approved at the last City council meeting. The street
rehabilitation project will provide a resurfacing of the described streets and repair of failing curbs, sidewalks
and manholes. The roundabout will provide a safety and traffic management improvement at an intersection
that has a high historical rate of injury accidents. All of the projects listed in the background as described in the
preliminary report, are feasible, cost effective and necessary improvement projects for the City of Burnsville.
DISCUSSION
City staff has received significant numbers of phone calls and emails questioning the assessment policy
specifically based upon their home not having driveway access to the road being rehabilitated. This higher rate
of questioning of the assessment policy is typical of roadwork completed on higher classification roadways
where many of the rear yards of the residential homes abut the street.
ATTACHMENT
General Location Map
RDP
G:\AGENDA\Engineering\2009\06-02\7 - Street Rehab Ord Prj 060209.doc
AV E S
ET
D
AN
VE
A
O
CO RD 42 W
LL
Rehabilitation
GR
ALDRICH AVE
Rehabilitation Project Exhibit - 09-106
IRVING AVE
NI
C
143RD ST W
CO
I-35W
I-35W
5E
I-3
A VE
5
ND
R
RD
SOUT
H
CROS
S DR
BUCK
GRAND AVE
I-35E
BU RNH
ROSS DR
SOUTHC
HILL RD
I-35
150TH ST W
CR
YS
TA
LL
AK
ER
DW
Roundabout
Wednesday, April 15, 2009 6:06:57 AM
M:\Users\Departments\Engineering\Plowing\Sidewalk_plowing\2009_REHAB_09-106_exhibit.mxd
LAND RD
MAPLE IS
TW
HS
T
5
15
REE N
DR
I-35
L RD
BUCKHIL
G
N
VE
HA
W
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
06/02/2009
8
_____ Clarification/Revision of Past Policy___ Present Policy
__X___ Required by Law _____ Previous Council Action______ Council Theme ______Housekeeping
PRESENTER
Ryan Peterson, Assistant City Engineer
ITEM
Public Hearing - Consider Resolution Adopting Assessment Roll for CSAH 42 Street Lighting (07-202).
The CSAH 42 Street Lighting Project is proposed to be assessed which requires a Public Hearing. Any property
owner wishing to object to their assessment must file a signed written objection before the hearing or at the
hearing, or they waive their right to appeal. Objections after the Public Hearings are invalid. The City Council is
required to approve a resolution adopting the assessment roll, either as submitted or as revised.
FACTS
•
At the May 5, 2009, Council meeting, the Council adopted a resolution declaring the costs to be assessed,
approving the assessment and calling the public hearing for the assessment roll for CSAH 42 St. Lighting.
•
Notice of the Assessment Hearing has been mailed to each of 12 parcels that abut the County State Aid
Highway 42. The notice declares the exact amount of their assessment as well as details on the property
owner’s right to object to the amount to the City Council.
•
The completion date for the assessment process is July 30, 2009. On that day, the assessments must be
certified to the county auditor. That action must be preceded by a 30-day period during which those being
assessed may pay the assessments in full without interest.
•
The proposed assessments total for this project is $76,200. Discussion of the financing on the project is
attached and will be presented at the public hearing.
ISSUES
Each year as part of the assessment process, a resume is prepared for the project proposed to be assessed.
Attached is a copy of the Resume for this project. Staff will provide a brief explanation of the work along with
the proposed assessment amounts.
If an assessment objection is received, staff may have an immediate response to individual comments, or in some
circumstances, the objection should be received and referred to the staff for investigation. The uncontested
portion of the assessment roll should be adopted. If the City Council feels the objections cannot be addressed
immediately, a report will be presented to Council on all objections at the next Council meeting which is
scheduled for June 16, 2009.
Page Two
Agenda Background Item No. 8
June 2, 2009
If there are contested portions of the objections, and if Council feels confident staff’s investigation will not result
in any changes being made to the assessment roll, a motion by the City Council adopting the assessment roll as
prepared is required.
ASSESSMENT OBJECTIONS
No objections have been filed at this time. If any objections are received between now and the Council meeting
they will be distributed at the Council meeting for discussion.
ATTACHMENTS:
Financing Summary
Resume
Bb
G:\shared\agenda\eng\2009\06-02-09\ph-assmt.
2009 PROJECT FINANCING SUMMARY
FOR
COUNTY STATE AID HIGHWAY 42 ST. LIGHTING
City Project No. 07-202
Assessment Hearing 6/02/09
PROJECT
CSAH 42 ST. LIGHTING
ITEM/FUND
Special Assessments
ESTIMATES
OF FINAL COSTS
$76,200
Dakota County
$64,800
TIF 1 & 2
$76,200
TOTAL
$217,200
CITY OF BURNSVILLE, MINNESOTA
ENGINEERING DEPARTMENT
RESUME OF ASSESSMENT
FOR
COUNTY STATE AID HIGHWAY 42 ST. LIGHTING
CITY PROJECT 07-202
JUNE 2, 2009
IMPROVEMENT CSAH 42 STREET LIGHTING PROJECT:
TYPE OF IMPROVEMENTS & GENERAL LOCATION:
The light poles installed were within the theme lighting area set by the City Council. The
lighting consists of a pattern of one decorative “Domus Style” light followed by one taller utility
light, followed by a Domus Style list, ect. The pattern and light style was done consistent with
the County Road 42 lights already inplace between County Road 5 and I-35W. The poles all
include power receptacles so future amenities can be hung and lit from them if desired.
TOTAL PROJECT COST:
$217,200
PROPOSED ASSESSMENT: $76,200
LENGTH OF ASSESSMENT: 15 Years
ADDITIONAL COMMENTS:
City policy states that Arterial Streets should have continuous street lighting and that it should be
considered for construction where it doesn’t exist when street construction projects take place.
Dakota County was widening County Road 42 from County Road 5 to the Savage Border and
therefore this was the opportunity to install the continuous lighting through the theme area from
County Road 5 to the railroad tracks.
CITY OF BURNSVILLE
Meeting Date
Item Number
06/02/2009
9
ACTION: _____ New Policy _______Clarification/Revision of Past Policy ______ Present Policy __X__
Required by Law _____ Previous Council Action ______ Council Theme
______ Housekeeping
PRESENTER
Terry Schultz, Director Parks and Natural Resources
ITEM
Consider Authorizing a Transportation Enhancement Funding Grant Application for Construction of a
Bicycle/Pedestrian Trail along Black Dog Road.
Authorize staff to submit a Transportation Enhancement (TE) Funding Grant Application to the Metropolitan
Council for Construction of a Bicycle/Pedestrian Trail along Black Dog Road.
FACTS
The Transportation Advisory Board (TAB) to the Metropolitan Council is soliciting applications for projects to
be funded through the TE program which is funded by Title I of the Safe Accountable Flexible Efficient
Transportation Equity Act – A Legacy for Users (SAFETEA-LU). This funding will be allocated in 2013 and
2014.
This grant program funds up to 80% of the project’s construction cost to a maximum of $1 million in the TE
category. It is the local agency’s responsibility to fund the remaining 20% (or more, including cost over-runs)
of construction, plus the engineering and right-of-way costs; SAFETEA-LU funds can only be used for
construction.
Dakota County has contacted staff about the possibility of partnering on a TE program grant application to
construct a trail along Black Dog Road, between 35W and Cedar Avenue (see map). This trail section is
indentified as a regional trail need in Dakota County’s Trails /Greenways Plan 2030.
Likewise, the City of Burnsville’s Trail Master Plan identifies this trail segment as a high priority. It would
provide a link to the Cedar Avenue bridge crossing, as well as the future MN River regional trail system.
Further, the City has slated Black Dog Road for reconstruction in the year 2012. If the grant was received, the
road and trail project could be combined to gain efficiencies for both projects. Construction would tentatively
occur in 2012/2013.
Staff from Burnsville and Dakota County has also met with representatives of the US Fish and Wildlife Service
(USFWS) and Xcel Energy in regards to this proposed project. Xcel Energy is open to working with the City
on a trail easement, and the US Fish and Wildlife Service is very supportive of the project. In fact, the USFWS
has committed to pursuing other grant funds available to their agency to support construction of the trail.
Page 2
Item Number 9
June 2, 2009
The project provides an opportunity for a multi-agency collaboration to complete this section of regional trail.
The total cost to construct the trail is estimated at $1.2 million. The project cost estimate is very rough at this
point, and further refinement will need to occur (via a Feasibility Study) once the city has confirmation that the
grant funds are available. This will be a complicated trail to construct due to poor soils in the area, and the
bridges involved along Black Dog Road.
The TE program would fund $1 million, and Dakota County has agreed to provide the $200,000 in matching
funds required. The City of Burnsville would be responsible for design, engineering and construction
management of the project. While much of this would be in-kind staff support, it is anticipated the City will
have to provide some funding to complete a Feasibility Study and some of the design work. Staff estimates the
financial commitment for this work to be in the range of $50,000 - $100,000. If the grant is awarded, staff
would suggest adjusting projects in the city’s CIP to take advantage of this opportunity. This can be reviewed
as the city updates its 5 year CIP as part of the annual budgeting process. Of course, Council always has the
option of not accepting the grant if City funding becomes an issue, or the project cost estimates derived from
the Feasibility Study come in higher than expected.
In accordance with the City’s adopted policy on grant applications, staff is requesting authorization to submit a
grant application for this project. Applications are due June 15, 2009. It is anticipated that all applications will
be ranked and successful projects identified by January or February of 2010.
ATTACHMENT
- Project Map
Tls
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
X
New Policy
Required by Law
Clarification/Revision of Past Policy
Previous Council Action
Council Theme
06/02/2009
10
Present Policy
Housekeeping
PRESENTERS:
Jenni Faulkner, Community Development Director
Bud Osmundson, City Engineer / Director of Public Works
ITEM:
Consider Ordinance Amendments to Title 10 and 8, of the Burnsville City Code to Modify Requirements for Bus
Benches and Transit Shelters and Policy Changes to Adopt Revised Bus Bench License Fees and Removal of the
RFP Process.
Adoption of Ordinance, Rescind Policy 5.246, Approve Summary Ordinance, and Approve Change to Bus Bench
Fee in Policy 5.310.
STAFF RECOMMENDATION: N/A
PLANNING COMMISSION ACTION / ISSUES:
The Planning Commission reviewed the proposed ordinance amendments to Title 10 (Zoning Ordinance) and held
a public hearing on May 27, 2009. The public made no testimony on the ordinance amendment. The Planning
Commission was supportive of the language and did not raise any concerns except to question the notification of
adjacent residents that a shelter would be next to their property. Staff does not notify residents of right of way
permits issued next to their property. If council would like a notification, then language could be added into the
ordinance that addresses shelters specifically.
As directed by council at the May worksession, the proposed amendments and changes proposed will allow
private vendors to continue to provide private benches and shelters at MVTA approved transit stops until such a
time as the MVTA takes over the route and provides its own facilities.
In addition to changes to Title 10 (Zoning Ordinance), which is the responsibility of the planning commission, the
council is also requested to rescind policy 5.246 which will eliminate the RFP program for bus bench licenses.
With the MVTA providing benches/shelters and allowing for private bench companies as well, there is no need
for an RFP as one anticipated. The city council will also need to make changes to the Title 8, Chapter 14
regarding Right-of-Way. Changes to this area will allow for MVTA to provide shelters and benches with no
advertising and with a one-time right of way permit. The 2009 fee for right of way permit is $185. No licenses or
renewals will be required. For private bus bench providers and annual license is required as we currently
administer. For new and relocated benches a right of way permit will now also be required. There is a current
limit of 60 benches throughout the city which will now need to correspond with MVTA designated stops and be
removed in the event MVTA provides their own transit shelter/bench. For now, staff proposes to maintain the
limit of 60 benches with MVTA facilities getting priority over any private provider. As MVTA provides more
facilities, the private benches will be phased out and at some point the ordinance permitting private benches with
advertising can be eliminated. However, until then and during this transition staff will have to continue to
monitor the situation.
City of Burnsville – Bus Bench / Transit Shelters
June 2, 2009
Page 2
Staff was also asked to look at the fees for administering the license program. The City currently charges a
license fee of $240 (new) or $120 for a renewal plus $28 per bench. There is a limit of 60 benches in the city
resulting in total revenue of approximately $2000 per year. In researching what other communities charge, the
fees are across the board. If we kept the application fee in place and doubled the amount per bench to $56, then
our renewal per bench would be on the high end but not necessarily out of line when considering the total cost.
This would amount to approximately $3500 per year revenue if all 60 benches were provided privately. Staff is
seeking direction from the council as to how much to increase the bus license fees. The higher the fee, the less
likely benches may be provided if advertising costs cannot be absorbed by the marketplace.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended 5-0 approval of the proposed ordinance amendment as presented.
LEGAL DOCUMENTS:
PUD Agreement
Interim Use Permit
ATTACHMENTS:
(5/27/09) P.C. Report & Packet
(5/27/09) Unapproved P.C. Minutes
Findings of Fact
Final Ordinances (2)
CS
g:\planning\agenda\cc\2009\06-02-09\bus bench council background.docx
Ordinance
Ordinance Summary
Resolution
Variance
CITY OF BURNSVILLE
Meeting Date:
Agenda Item :
Project No.:
05/27/2009
4
09-15
PRESENTERS:
Deb Garross
Bud Osmundson
ITEM:
Public Hearing – City of Burnsville – Application for Ordinance Amendments to Title 10 and 8, of the Burnsville
City Code to Modify Requirements for Bus Benches and Transit Shelters.
60-DAY RULE SUMMARY: N/A
BACKGROUND OVERVIEW:
The purpose of this item is for the planning commission to hold a public hearing to consider amending the zoning
ordinance to add “bus benches, shelters and transit facilities” as a permitted use in all of the zoning districts. The
amendment is needed to implement the proposal by the Minnesota Valley Transit Authority (MVTA), which
intends to have designated stops and provide shelters/benches. This is a new direction which the city is supportive
of. While several ordinance and policy changes are needed, the planning commission is responsible for the public
hearing for the zoning ordinance amendment. Staff is providing additional background for city code and policy
changes that the city council will act upon in order for the commission to have a full understanding of the total
process.
Draft ordinance 1 is attached for consideration by the planning commission and is the subject of the public hearing.
The current zoning ordinance specifically identifies bus shelters as a permitted accessory use in the Heart of the
City (HOC) zone. The city attorney recommends that all of the zoning districts be amended to allow bus benches,
shelters and transit facilities as “permitted uses” provided they comply with title 8 of the city code which regulates
the use of right of way and is administered by the city engineer. The city council will also review draft ordinance 2
and potential policy changes at their June 2nd meeting. A public hearing is not required for the city code or policy
changes. The process for a city code amendment requires only that the city council approve the change and that
the ordinance is published. The council can change its policies at any time and revisions are made part of the city
policy and procedures manual. Even though the purpose of this public hearing is limited to considering the
ordinance to make bus benches, shelters and transit facilities permitted uses in all zones, staff has also provided the
planning commission with the proposed bus bench regulations and policy to understand how bus benches will be
regulated in the future.
HISTORY:
The city’s bus bench license ordinance was established in 1997 to provide for privately owned and maintained
uniform benches at appropriate locations. The ordinance allows advertising signs to be located on the back of the
benches which provides the incentive for vendors to install and maintain benches in Burnsville. In 2006, the city
was approached by a vendor to consider changing its process for licensing benches to allow for more competition,
improve the appearance, function and maintenance of bus benches and position them at proper locations for transit
service. In September 2006, the city council adopted an interim ordinance limiting the duration of bus bench
licenses from one year to six months and to allow staff time to develop a request for proposal (RFP) process for
bus benches. The ordinance, city code and Bus Bench RFP Policy were adopted however the new process has not
been utilized to date as the city was working with Dakota County regarding county right of way issues. The
majority of potential bus bench/shelter locations are within county or state right of way however Dakota County
did not allow signage on and placement of benches in county controlled right of way. Furthermore, the existing
benches in county right of way do not have county authorization to be in their right of way and would not be
City – Bus Bench & Transit Shelters
May 27, 2009
Page 2
granted new permits with signage. The city has worked with the county over the past two years to resolve bus
bench location and sign issues.
Early this year the city was notified by the MVTA that it is initiating a pilot program to provide designated stops
rather than use the “flagging” system and its own transit facilities (benches, shelters, transit stop identification) on
certain routes within Burnsville. The MVTA anticipates that it will provide facilities throughout the city as part of
a phased process. This being the case, the city council reviewed the MVTA proposal and staff was directed to draft
the necessary amendments to accommodate the MVTA program, allow existing private vendors to provide
benches/shelters until such a time as the MVTA takes over the route and provides its own facilities. The city
council will also be considering changes to increase the license fees.
PUD BENEFITS (If PUD Application): N/A
PUD DEVIATIONS (If PUD Application): N/A
VARIANCE HARDSHIP (If Variance): N/A
DEVELOPMENT SUMMARY CHART: N/A
PUD/PLAT DETAILS: N/A
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE: N/A
TREE PRESERVATION: N/A
LANDSCAPING: N/A
SCREENING: N/A
SIGNAGE:
Part of proposed ordinance 1 includes adding language to the definition of “Governmental Sign” to identify signs
erected by the transit authority with the permission of the city, as a government sign. The draft ordinance also
proposes to delete “Bus Bench” signage and call it “Public Transit” signage instead which is defined as signage to
identify public transit locations as regulated in title 8 (the right of way section of the city code).
LIGHTING: N/A
ENGINEERING ITEMS CONSIDERATIONS:
The city engineer administers permits for the use of right of way and the proposed ordinance and policy changes
will specifically define transit facilities as one of the elements (in addition to utilities) that will require permit
approval to locate in the right of way. The license provisions will continue to apply to private vendors as they are
currently regulated. The MVTA which is designated as the public transit provider for the city, will need to
coordinate with the city engineer for each phase and obtain the necessary right of way permit approval. The
City – Bus Bench & Transit Shelters
May 27, 2009
Page 3
MVTA will not be required to obtain a license to provide transit facilities only the right of way permit. Signage for
the MVTA public transit facilities is limited to signs to identify the public transit location. No private advertising
will be allowed on the MVTA provided public transit facilities.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS: N/A
PLANNING CONSIDERATIONS:
This public hearing is to consider draft ordinance 1, which will result in simply defining bus benches, shelters and
transit facilities as permitted uses in each of the respective zoning districts. A separate ordinance (draft ordinance
2) will be considered by the city council on June 2nd for incorporation into title 8 of the city code. Draft ordinance
2 provides the regulatory framework for the city engineering department to administer right of way permits for
MVTA to locate its facilities in the right of way. In addition the council will be requested to rescind policy 5.246
which will eliminate the RFP program for bus bench licenses. Staff is in the process of researching license fees for
administering the license program for the city and the result of this research will be provided to the city council
which may decide to increase fees over the current fee schedule identified in the attached Planning Fees and
Charges 2009 table. The amendments and changes proposed will allow private vendors to continue to provide
private benches and shelters at MVTA approved transit stops until such a time as the MVTA takes over the route
and provides its own facilities. Once MVTA makes application to the city engineer to locate in the right of way,
the city will notify the private vendor of the need to remove or relocate the private bench/shelter within 60 days.
Over time, it is expected that the MVTA will ultimately provide all transit facilities within Burnsville.
The draft ordinances and public hearing notices were sent to the existing bus bench license holders in addition to
the standard publication process for the zoning ordinance amendment.
ROLE OF PLANNING COMMISSION:
The role of the planning commission is to review the proposed ordinance amendment and make a recommendation
as to its appropriateness for inclusion into the zoning ordinance.
RECOMMENDATION (With Conditions):
Staff recommends that the planning commission recommend approval of the proposed ordinance amendment to the
city council.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “X”
Site Location Map
Pictometry
Other Exhibits (List)
Draft Ordinance 1 (Zoning Ord. Amendment)
Draft Ordinance 2 (City Code Amendment)
Bus Bench RFP Policy 5.246
Planning Fees and Charges 2009
DG
g/shared/planning/agenda/2009/P.C. Report – Bus Benches & Transit Shelters
DRAFT (REDLINE) ORDINANCE NO. 1
CITY OF BURNSVILLE
AN ORDINANCE AMENDMENT TO TITLE 10, CHAPTERS 7, 12, 12B, 13, 18, 20, 22A, 22A1,
22B, 24, 26, 26A, 26B and 30 OF THE BURNSVILLE CITY CODE TO MODIFY STANDARDS
FOR BUS BENCHES AND TRANSIT SHELTERS
CASE FILE NO. 09-15
SECTION 1. Title 10, Chapter 7, Section 37 (B) of the Burnsville City Code is amended to add
10-7-37:
(B)
PUBLIC RIGHT OF WAY: No privately owned structure, sign or vending machine
may be located on a public right of way with the exception of:
Bus benches, shelters and transit facilities provided they comply with title 8 of this code.
SECTION 2. Title 10, Chapter 12, Section 2 of the Burnsville city Code is amended to add the
provision shown with underlined text as follows:
10-12-2:
PERMITTED USES: Within an R-1 One-Family Use District, no structure or land shall
be used except for one or more of the following uses:
SECTION 3. Title 10, Chapter 12B, Section 1 of the Burnsville city Code is amended to add
the provision shown with underlined text as follows:
10-12B-1:
PERMITTED USES: Within a P park district, no structure or land shall be used except
for one or more of the following uses:
10-13-2:
PERMITTED USES: Within an R-1A one-family rural use district, no structure or land
shall be used except for one or more of the following uses:
Page 1 of 4
10-18-1:
PERMITTED USES: Within any R-3D Manufactured Housing District, no structure or
land shall be used except for the following purpose:
10-20-2:
PERMITTED USES: Within any B-1 office business district, no structure or land shall
be used, except for one or more of the following uses:
SECTION 7. Title 10, Chapter 22A, Section 2 of the Burnsville city Code is amended to add
10-22A-2:
PERMITTED USES: Within any B-4 highway commercial district no structure or land
SECTION 8. Title 10, Chapter 22A1, Section 1 of the Burnsville city Code is amended to add
10-22A1-1:
PERMITTED USES: Within any CRD commercial recreation district, no structure or
land shall be used except for one or more of the following uses:
10-22B-2:
PERMITTED USES: Within any HOC district, no structure or land may be used, except
for one or more of the following uses. An "X" designation indicates which district the
use is allowed in:
Permitted Uses
Bus benches, shelters and transit facilities provided they comply with title 8 of
this code.
HOC-1 HOC-2
X
X
Page 2 of 4
SECTION 10. Title 10, Chapter 22B, Section 3 of the Burnsville city Code is amended to delete
the provision shown with a line through the text as follows:
10-22B-3:
PERMITTED ACCESSORY USES: Within any HOC heart of the city district, the
following uses shall be permitted accessory uses:
Bus shelter subject to the provisions of section 8-14-33 of this code.
10-24-2:
PERMITTED USES: Within any I-1 industrial park district, no structure or land shall be
used except for one or more of the following uses:
10-26-2:
PERMITTED USES: Within any I-3 office and industrial park district, no structure or
10-26A-2:
PERMITTED USES: Within the GIM gateway industrial medium district, no structure
or land shall be used except for one or more of the following uses:
10-26B-2:
PERMITTED USES: Within the GIH gateway industrial heavy district, no structure or
Page 3 of 4
SECTION 15. Title 10, Chapter 30, Section 2 of the Burnsville city Code is amended to modify
10-30-2:
DEFINITIONS: For purposes of this chapter, the following words and terms are defined
as follows:
GOVERNMENTAL SIGN: A sign which is erected by a governmental unit or transit authority with the
permission of the city, for identification or traffic.
the provisions shown with underlined text as follows:
10-30-4:
(A)
ALLOWABLE AND PROHIBITED SIGNS IN ANY ZONING DISTRICT:
Allowable Signs: The following signs are allowed without a permit unless otherwise specified.
These signs, if placed in accordance with the following standards, will not apply toward the
maximum allowable sign area, but shall comply with all other applicable provisions of this title:
1. Governmental Signs: Signs of a public, noncommercial nature including safety signs, danger
signs, trespassing signs, traffic signs, public transit signs, signs indicating scenic or historical
points of interest, memorial plaques and the like, when these signs are erected by or on order of a
public officer or employee in the performance of official duty.
15. Bus Bench Public Transit Signage: Signage to identify public transit locationsassociated with
bus benches, as regulated in section 8-14-33 title 8 of this code. For the purposes of this chapter,
such signage shall not be considered to be off premises advertising signage.
CITY OF BURNSVILLE
BY:
ATTEST:
Page 4 of 4
DRAFT (REDLINE) ORDINANCE NO. 2
CITY OF BURNSVILLE
AN ORDINANCE AMENDMENT TO TITLE 8, CHAPTER 14 OF THE BURNSVILLE CITY
CODE TO MODIFY STANDARDS FOR BUS BENCHES AND TRANSIT SHELTERS
CASE FILE NO. 09-15
SECTION 1. Title 8, Chapter 14, of the Burnsville City Code is amended to add the underlined
language and delete the strikethrough language to read as follows:
CHAPTER 14
RIGHT OF WAY
SECTION:
8-14-33:
Transit Facilities Bus Benches
8-14-17:
INSPECTION:
(A)
Notice Of Completion: Unless waived by the city, a person designated by the right of way user
as a responsible employee shall sign a completion certificate showing the completion date for the
work performed, identifying the installer, the designer of record, and certifying that work was
completed according to the requirements of the city.
If necessary due to approved changes for the work as protected when the permit was applied for,
the permittee shall submit "as built" drawings or maps within six (6) months of completing the
work, showing any deviations from the plan that are greater than plus or minus two feet (.2').
8-14-23:
(A)
Placement Of Facilities: Placement, location, and relocation of bus benches, transit shelters and
all other facilities must comply with the act, with other applicable law, and with Minnesota rules
7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise
available to cities.
8-14-33:
(A)
LOCATION AND RELOCATION OF FACILITIES:
TRANSIT FACILITIES: BUS BENCHES:
Private Bus Benches and Transit Shelters:
Page 1 of 7
1.(A)License Required: No person shall erect or maintain a bus bench or transit shelter within the
city without first obtaining a license as required in this section.
2. Permit Required. Prior to installation of any new or relocated bus bench within the city, the
applicant shall obtain all required permits from the city to locate said facilities within right of
way.
(B).
3. Application And Fees:
a1. Existing and New Private Bus Benches: Existing bBus bench licenses shall be issued
on or before January 1, 2007, are hereby extended for six (6) month terms until such a
time as the request for proposal (RFP) process identified in subsection (B)2 of this
section is in place, subject to the following conditions:
1)a. Payment: Payment of new or renewal license fees shall be made pursuant to
the fee schedule identified in the adopted policies and procedures manual.
2)b. Transfer, Assign, Sell; Actions Prohibited: The bus bench license shall not
be transferred, assigned or sold.
c. Bench Requirements: Each bench shall meet the following standards:
(1) The bench shall be constructed of durable, easily maintained materials, and
designed to minimize the possibility of tipping over.
(2) No bench shall be more than forty two inches (42") in height, thirty inches
(30") in width, and seven feet (7') in length.
(3) No bench shall include any illumination device, either incorporated into the
bench or directed upon the bench, excluding streetlights owned and maintained
by a utility company.
(4) Each bench shall include the license holder's name and business telephone
number, conspicuously displayed in one inch (1") letters and numerals on the
front edge of the bench seat.
d. Liability: Each bench shall be covered under a liability insurance policy held by the
license holder that names the city of Burnsville and the local public transit authority as
additional insured parties. Each bench shall have coverage of at least three million dollars
($3,000,000.00) per occurrence. Each license holder shall execute a hold harmless
agreement that protects the city from any and all claims arising out of the existence, use,
and maintenance of the benches.
e. Maintenance: Each bench and pad shall be maintained by the license holder at all times
in a safe condition at the approved location, and shall be inspected periodically by the
license holder.
(1) Each bench shall at all times be kept in a neat, clean, usable condition.
Page 2 of 7
(2) The bench pad and access to streets and sidewalks shall be kept free of ice,
snow, and weeds such that the bench is reasonably accessible at all times, as
determined by the city.
f. Advertising Signs:
(1) No advertising matter or sign shall be displayed upon any bench except only
upon the front surface of the backrest.
(2) The sign area on each bench shall not exceed twelve (12) square feet. No
liquor, beer, tobacco, and other age regulated or illegal substances, and no
obscene, immoral, or political advertising of any kind shall be permitted. No
advertising matter or sign on any bench shall display the words "stop", "look",
"drive in", "danger", or any other word, phrase or symbol which might interfere
with, mislead, or distract traffic. All advertising shall be subject to the approval
of the city.
(3) Because of the public service nature of the bus benches, at least ten percent
(10%) of the benches installed by each license holder in the city shall be made
available to the city and the local public transit authority at no cost for the
advertisement of the transit authority, bus route information, and public service
announcements.
g. Revocation Of License Or Denial Of License Renewal: Any license may be revoked,
or the application for renewal thereof denied, for failure to comply with the provisions of
this chapter, or for misrepresentation of any material facts in the application, or for any
reason which would have been grounds for denial of the original application, or where, in
the judgment of the city, maintenance has become inadequate No revocation or denial of
renewal shall be arbitrarily or inequitably made as between different license holders.
h. Removal Of Benches: Upon the revocation or expiration of any license without
renewal, if the license holder fails promptly to remove a bench and pad and restore the
site to be compatible with the adjacent property, the city may do so within ten (10) days
after written notice given by mail directed to the address of the license holder on file, and
if the license holder shall fail to pay the cost of removal and storage of the bench within a
period of sixty (60) days after the giving of such notice, the license holder's rights in said
bench shall be forfeited, but such forfeiture shall not excuse the license holder from the
payment of the cost of removal and storage of the bench, removal of the pad and storage
if applicable, and restoration of the site.
2. New Bus Benches: All persons desiring to obtain a new bus bench license shall participate in
the city's request for proposal (RFP) process as outlined in the adopted policies and procedures
manual. Annual bus bench licenses shall be applied for in writing to the city engineer, by the date
specified in the bus bench contract. The license application shall include the name, business
address, telephone and facsimile telephone numbers of the applicant, including a twenty four (24)
hour emergency telephone number. Additionally, an applicant for a license renewal shall include
a report of all inspections made by the applicant, pursuant to subsection (H) of this section, and
documentation of the applicant's response to any complaints received, from the date of the
applicant's most recent application.
Page 3 of 7
3. Submittal: All detail plans and information shall be submitted as required by the request for
proposal (RFP) process.
4. Renewal; Fees: Application, renewal, and license fees for bus benches shall be provided for in
the adopted policies and procedures manual.
5. Term: Each license shall be issued for a term of up to ten (10) calendar years, beginning on
July 1.
6. Issuance: Bus bench licenses may be issued to one or more vendors approved through the
request for proposal process.
7. Denial: The application shall be denied if the city engineer finds that the application is not
complete, all the locations have been allocated, or the proposed bench locations would unduly
obstruct passage along any public sidewalk or public way, would create a hazard, or would
otherwise be detrimental to the public safety, convenience or welfare. No denial of an application
shall be arbitrarily or inequitably made as between different qualified applicants. (Ord. 1075, 521-2007)
(C)
4. Sale Of Bench: If the bench or benches installed under a license are sold, transferred, or
assigned, a new license shall be required and obtained.
(D)
5. Number Of Benches: The number of benches within the city shall be based upon the location
of bus stops as determined and mapped by the city and/or transit authority. There shall be no
more than sixty (60) bus benches (including transit shelters) within the city. The Transit
Authority shall have priority in providing bus benches, shelters and transit facilities. Any
remaining bus bench or transit shelter licenses shall be available to private vendors provided the
total number of benches (including transit shelters) shall not exceed sixty (60) at any one time
within the city.
(E)
6. Location Of Benches:
a1. All benches shall be located in the right of way on roadways that are used as bus
routes by the local public transit authority, and at locations where a bus would stop to
pick up passengers, as determined and mapped by the city and/or transit authority.
b2. Any bench may be relocated by the license holder in conformance with the
requirements of this section, provided that prior to relocating the bench the license holder
provides to the city a revised bench location map to be approved by the city prior to
relocation of the bench. The license holder shall remove the concrete pad from the prior
location and completely restore the site to be compatible with the adjacent property.
(F)
Bench Requirements: Each bench shall meet the standards identified in the request for proposal
(RFP) process.
1. Each bench shall include the license holder's name and business telephone number,
conspicuously displayed in one inch (1") letters and numerals on the front edge of the bench seat.
(G)
7. Liability: Each bench shall be covered under a liability insurance policy held by the license
holder that names the city of Burnsville, Dakota County, the state of Minnesota department of
Page 4 of 7
transportation and the local public transit authority as additional insured parties. Each bench shall
have coverage of at least three million dollars ($3,000,000.00) per occurrence. Each license
holder shall execute a hold harmless agreement that protects the city from any and all claims
arising out of the existence, use, and maintenance of the benches.
(H)
8. Maintenance: Each bench and pad shall be maintained by the license holder at all times in a
safe condition at the approved location, and shall be inspected periodically by the license holder.
a1. Each bench shall at all times be kept in a neat, clean, usable condition.
b2. The bench and pad shall be kept free of ice, snow, and weeds such that the bench is
reasonably accessible at all times, as determined by the city.
(I)
9. Advertising Signs:
a. No advertising matter or sign shall be displayed upon any bench located in city right of
way except only upon the front surface of the backrest.
b. The sign area on each bench within city right-of-way shall not exceed twelve (12)
square feet. No liquor, beer, tobacco, and other age regulated or illegal substances, and no
obscene, immoral, or political advertising of any kind shall be permitted. No advertising
matter or sign on any bench shall display the words "stop", "look", "drive in", "danger",
or any other word, phrase or symbol which might interfere with, mislead, or distract
traffic. All advertising shall be subject to the approval of the city.
c. Because of the public service nature of the bus benches, at least ten percent (10%) of
the benches installed by each license holder in the city shall be made available to the city
and the local public transit authority at no cost for the advertisement of the transit
authority, bus route information, and public service announcements.
1. Advertising is permitted pursuant to the criteria outlined by the request for proposal (RFP)
process and subsequent contract.
2. Because of the public service nature of the bus benches, at least ten percent (10%) of the
benches installed by each license holder in the city shall be made available to the city and the
local public transit authority at no cost for the advertisement of the transit authority, bus route
information, and public service announcements.
3. No liquor, beer, tobacco, and other age regulated or illegal substances, and no obscene,
immoral, or political advertising of any kind shall be permitted. No advertising matter or sign on
any bench shall display the words "stop", "look", "drive in", "danger", or any other word, phrase
or symbol which might interfere with, mislead, or distract traffic.
(J)
10. Permit Requirements:
a1. All permits required by Dakota County and/or the Minnesota department of
transportation shall be obtained by the vendor and copies of said permits shall be
provided to the city prior to issuance of a license.
11. Bench Standards: Each bench shall meet the following standards:
Page 5 of 7
a. The bench shall be constructed of durable, easily maintained materials, and designed to
minimize the possibility of tipping over.
b. No bench shall be more than forty two inches (42") in height, thirty inches (30") in
width, and seven feet (7') in length.
c. No bench shall include any illumination device, either incorporated into the bench or
directed upon the bench, excluding streetlights owned and maintained by a utility
company.
d. Each bench shall include the license holder's name and business telephone number,
conspicuously displayed in one inch (1") letters and numerals on the front edge of the
bench seat.
e. Written approval from Dakota County shall be provided to the city for all benches
located within county right-of-way.
(K)
12. Revocation Of License Or Denial Of License Renewal: Any license may be revoked, or the
application for renewal thereof denied, for failure to comply with the provisions of this chapter,
or for misrepresentation of any material facts in the application, or for any reason which would
have been grounds for denial of the original application, or where, in the judgment of the city,
maintenance has become inadequate or when the transit authority takes over the route and/or
provides its own facilities. No revocation or denial of renewal shall be arbitrarily or inequitably
made as between different license holders. Revocation Of License Or Denial Of License
Renewal: Any license may be revoked, or the application for renewal thereof denied, for failure
to comply with the provisions of this chapter, or for misrepresentation of any material facts in the
application, or for any reason which would have been grounds for denial of the original
application, or where in the judgment of the city, maintenance has become inadequate. No
revocation or denial of renewal shall be arbitrarily or inequitably made as between different
license holders.
(L)
13. Removal Of Benches: Bus benches shall be removed or relocated within sixty (60) days
following written notification by the city that the transit authority will take over the route and
provide its own facilities and/or designate stops on a specific route. Benches shall also be
removed upon the revocation or expiration of any license without renewal,. Iif the license holder
fails promptly to remove or relocate a bench and pad and restore the site to be compatible with
the adjacent property, the city may do so within ten (10) days after written notice given by mail
directed to the address of the license holder on file. If the license holder shall fail to pay the cost
of removal and storage of the bench within a period of sixty (60) days after the giving of such
notice, the license holders rights in said bench shall be forfeited, but such forfeiture shall not
excuse the license holder from the payment of the cost of removal and storage of the bench,
removal of the pad and storage if applicable, and restoration of the site. Removal Of Benches:
Upon the revocation or expiration of any license without renewal, if the license holder fails
promptly to remove a bench and pad and restore the site to be compatible with the adjacent
property, the city may do so within ten (10) days after written notice given by mail directed to the
address of the license holder on file, if the license holder shall fail to pay the cost of removal and
storage of the bench within a period of sixty (60) days after the giving of such notice, the license
holder's rights in said bench shall be forfeited, but such forfeiture shall not excuse the license
holder from the payment of the cost of removal and storage of the bench, removal of the pad and
storage if applicable, and restoration of the site.
Page 6 of 7
(B)
Public Transit Authority Provided Bus Benches, Shelters and Transit Facilities:
way.
2. No advertising other than transit information shall be posted or located upon bus benches,
shelters or other transit facilities.
3. Maintenance. All bus benches, shelters and transit facilities shall be periodically inspected
and maintained at all times in a safe condition at the approved location, by the permit holder.
a. Each bench shall at all times be kept in a neat, clean, usable condition.
b. The bench and pad shall be kept free of ice, snow, and weeds such that the bench is
(CM)
Penalty: The penalties for violating this section shall be as provided for in title 1, chapter 4 of this
code.
CITY OF BURNSVILLE
BY:
ATTEST:
Page 7 of 7
POLICY NUMBER 5.246
BUS BENCH RFP POLICY
I.
PURPOSE AND NEED FOR POLICY
The City of Burnsville licenses the providers of bus benches and bus shelters in the City of
Burnsville. The providers operate in accordance with the terms and conditions of the license
as set forth in the bus bench/shelter Request for Proposal (RFP) process. A policy is needed
to outline the procedure for City preparation of Requests for Proposal (RFP), procedures,
application, fee, and administration of the license. A written policy on the RFP process for
bus benches/shelters is deemed desirable to achieve the following goals:
1) Equal and open access to the selection process for qualified providers;
2) A clearly prescribed and identifiable process for provider selection;
3) Administrative convenience and flexibility;
4) Opportunity for new technologies and service delivery to transit riders.
II.
POLICY
No person shall install a bus bench or bus shelter in the City of Burnsville without first
securing a license from the City.
The license shall be valid for up to ten (10) calendar years and shall expire on July 31st of
the tenth year unless revoked sooner.
An applicant for a license must meet the provisions of Section 8-14-32 of Title 8, Chapter 14
of the Burnsville City Code.
The annual license fee shall be established annually by Resolution of the City Council
through the annual adoption of the Policy and Procedures Manual.
III.
PROCEDURE
The following procedures are intended to implement the spirit of this policy, but are not
meant to be all inclusive:
1.
The City Engineer or designee shall prepare a Request for Proposal (RFP) document
outlining the requirements, application process, selection criteria and map of
approved bus stop locations which shall be distributed to the public.
2.
The RFP document shall set forth the following general information:
a. Minimum structural design criteria, installation, public safety and accessibility
requirements.
b. A map showing all eligible and required bus stop locations in the City.
POLICY NUMBER 5.246
Page 2
c. Insurance requirements.
d. Setback, height and dimensional minimum and maximum requirements.
e. Public access, Americans with Disabilities Act (ADA) standards etc.
f. Permitted and prohibited materials, illumination standards, advertising, public
service announcements and transit information.
3.
Registration. Interested vendors are encouraged to submit statements of interest,
current qualifications, and performance data for registration and reference purposes.
These statements will be retained by the City and utilized in the selection process.
The City will periodically purge its files of outdated or inaccurate information and
shall not be responsible for updating consultant submissions.
4.
Selection: A review of all vendors responding to the RFP shall be made when the City
Engineer determines that there is a need to provide bus bench and bus shelters or in
the event a current license holder discontinues operation or fails to comply with the
terms of the license. The RFP will be publicly advertised in accordance with existing
laws and in other situations at the discretion and judgment of the City Engineer.
5.
One or more vendors may be selected at the discretion of the City. Each selected
vendor shall obtain, complete, and return an application for a license to the City. All
County and State Right of Way permits for those benches to be installed in the
County and State right of way shall be required prior to installation of benches in
their respective right of ways.
6.
The License Clerk will review the application and make sure insurance requirements
are met. If the completed application is satisfactory, the application will be submitted
to the City Manager or designee with a recommendation for approval.
IV.
RESPONSIBILITY
The Public Works Division will prepare, distribute and review vendor responses to the RFP.
The City Manager or designee must give approval for granting of a license.
V.
AUTHORITY
Administrative implementation of the policy and ordinance No. 1060, which regulates and
licenses bus benches/shelters in the City of Burnsville (part of Title 8, Chapter 14 of the City
Code).
Submitted by: Bud Osmundson
Reviewed by: Craig Ebeling
Date:
Date:
December 18, 2006
December 18, 2006
CITY OF BURNSVILLE
PLANNING FEES AND CHARGES
Policy No.5.310
ITEM - ACTIVITY
PUBLIC HEARING/PLANNING APPLICATIONS
Conditional Use Permit-New & Amendments
(Residential & Non-Residential)
Planned Unit Development-Concept and/or
Development Stage and Amendments
Interim Use Permit-New & Amendments
Rezoning Request
Comprehensive Plan Amendments
Preliminary Plat or Final Plat
Zoning Ordinance Amendment
Heart of the City Site Plan Review
Environmental Review (EAW, EIS)
(If the City is the Regulatory Government Unit (RGU)
Environmental Review (EAW, EIS)
(If the City is Not the Regulatory Government Unit (RGU)
TIF Application Fee
Variance
SERVICE FEES
Waiver Of Subdivision
Sketch Plan Review
Site Plan Review
Tree Removal Application
Outdoor Sidewalk Seating Permit - New/Renewal
Temp/Seasonal Outdoor Sales Permit - New/Renewal
Site Compliance Letter
Comprehensive Plan
Book
Diskette/CD
Individual Section(s)
Zoning Ordinance And Map
Additional Public Hearing Sign
Subdivision Regulations
Zoning Map - Large/Small
Zoning Letters
BUS BENCHES
License Application (New)
License Application (Renewal)
License Fee Per Bench
2009
$660 Fee + $5,000 Escrow for all
applications except Variance
$660 Fee + $25,000 Escrow or Consultants
Estimate Whichever is Greater
$660 Fee + $5,000 Escrow
$5,000.00
$660 Fee + $1,000 Escrow
$345.00
$280.00
$460.00
$195.00
$245.00/$195.00
$245.00/$195.00
$250.00
$85.00
$27.00
$17.00
$55.00 ($60.00 if mailed)
$23.00
$6.00
$36.00/$13.00
$49.00
$240.00
$120.00
$28.00
UNAPPROVED PLANNING COMMISSION MINUTES – MAY 27, 2009
4.
Public Hearing – City of Burnsville – Application for Ordinance Amendments to Title 10
and 8 of the Burnsville City Code to Modify Requirements for Bus Benches and Transit
Shelters.
Slania presented an overview of the application advising that staff recommends that the Planning
Commission recommend to the City Council approval of the application.
Esch called for questions of staff:
Currier asked who polices the benches or maintains them.
Slania stated the bus benches are privatized and the owner has the right to sign it and is obligated to
maintain it. The goal would be to put MVTA in control of the shelters and benches.
Teiken asked what the process was to install a bench or shelter.
Slania stated the MVTA would still need to come to the city to get a Right Of Way Permit that the
Engineering Department reviews and releases specific to that location. There would be no public
notification.
Teiken commented that other communities do Adopt A Shelter programs if MTVA would be interested in
that.
Manhart asked if shelters or benches proposed along state or county routes would have to go to those
government agencies to get approvals.
Slania stated the city’s right of way authority is limited therefore the state or county would need to
approve those permits.
Strehlo added that permits would have to come from those agencies if on state or county right of ways.
At 8:00 p.m., Esch opened/closed the Public Hearing and called for discussion among the
Commissioners.
Turner moved to approve the ordinance amendment.
Currier seconded the motion. Ayes: Currier, Esch, Manhart, Teiken and Turner. Nays: None.
Motion to approve passes (5-0).
ORDINANCE NO. ______
CITY OF BURNSVILLE
AN ORDINANCE AMENDMENT TO TITLE 10, CHAPTERS 7, 12, 12B, 13, 18, 20, 22A, 22A1,
22B, 24, 26, 26A, 26B and 30 OF THE BURNSVILLE CITY CODE TO MODIFY STANDARDS
FOR BUS BENCHES AND TRANSIT SHELTERS
CASE FILE NO. 09-15
SECTION 1.
read as follows:
10-7-37:
(B)
Title 10, Chapter 7, Section 37 (B) of the Burnsville City Code is amended to
PUBLIC RIGHT OF WAY: No privately owned structure, sign or vending machine
may be located on a public right of way with the exception of:
SECTION 2.
provision as follows:
10-12-2:
Title 10, Chapter 12, Section 2 of the Burnsville city Code is amended to add the
PERMITTED USES: Within an R-1 One-Family Use District, no structure or land shall
be used except for one or more of the following uses:
the provision as follows:
10-12B-1:
PERMITTED USES: Within a P park district, no structure or land shall be used except
for one or more of the following uses:
SECTION 4.
10-13-2:
PERMITTED USES: Within an R-1A one-family rural use district, no structure or land
g:/Legal 09/City-Bus Bench FINAL ORD 1 (09-15)
Page 2
SECTION 5.
10-18-1:
PERMITTED USES: Within any R-3D Manufactured Housing District, no structure or
land shall be used except for the following purpose:
SECTION 6.
10-20-2:
PERMITTED USES: Within any B-1 office business district, no structure or land shall
be used, except for one or more of the following uses:
10-22A-2:
PERMITTED USES: Within any B-4 highway commercial district no structure or land
SECTION 8. Title 10, Chapter 22A1, Section 1 of the Burnsville city Code is amended to add
10-22A1-1:
PERMITTED USES: Within any CRD commercial recreation district, no structure or
10-22B-2:
PERMITTED USES: Within any HOC district, no structure or land may be used, except
for one or more of the following uses. An "X" designation indicates which district the
use is allowed in:
Permitted Uses
Bus benches, shelters and transit facilities provided they comply with title 8 of
this code.
HOC-1 HOC-2
X
X
Page 3
SECTION 10. Title 10, Chapter 22B, Section 3 of the Burnsville city Code is amended to repeal
10-22B-3:
PERMITTED ACCESSORY USES: Within any HOC heart of the city district, the
following uses shall be permitted accessory uses:
Bus shelter subject to the provisions of section 8-14-33 of this code.
10-24-2:
PERMITTED USES: Within any I-1 industrial park district, no structure or land shall be
used except for one or more of the following uses:
10-26-2:
PERMITTED USES: Within any I-3 office and industrial park district, no structure or
10-26A-2:
PERMITTED USES: Within the GIM gateway industrial medium district, no structure
or land shall be used except for one or more of the following uses:
10-26B-2:
PERMITTED USES: Within the GIH gateway industrial heavy district, no structure or
10-30-2:
DEFINITIONS: For purposes of this chapter, the following words and terms are defined
as follows:
Page 4
GOVERNMENTAL SIGN: A sign which is erected by a governmental unit or transit authority with the
permission of the city, for identification or traffic.
the provisions as follows:
10-30-4:
(A)
ALLOWABLE AND PROHIBITED SIGNS IN ANY ZONING DISTRICT:
Allowable Signs: The following signs are allowed without a permit unless otherwise specified.
These signs, if placed in accordance with the following standards, will not apply toward the
maximum allowable sign area, but shall comply with all other applicable provisions of this title:
1. Governmental Signs: Signs of a public, noncommercial nature including safety signs, danger
signs, trespassing signs, traffic signs, public transit signs, signs indicating scenic or historical
points of interest, memorial plaques and the like, when these signs are erected by or on order of a
public officer or employee in the performance of official duty.
15. Public Transit Signage: Signage to identify public transit locations, as regulated in title 8 of
this code. For the purposes of this chapter, such signage shall not be considered to be off premises
advertising signage.
CITY OF BURNSVILLE
BY:
ATTEST:
CITY OF BURNSVILLE
AN ORDINANCE AMENDMENT TO TITLE 8, CHAPTER 14 OF THE BURNSVILLE CITY
CODE TO MODIFY STANDARDS FOR BUS BENCHES AND TRANSIT SHELTERS
CASE FILE NO. 09-15
SECTION 1. Title 8, Chapter 14, of the Burnsville City Code is amended to add the underlined
language and delete the strikethrough language to read as follows:
CHAPTER 14
RIGHT OF WAY
SECTION:
8-14-33:
Transit Facilities
8-14-17:
INSPECTION:
(A)
Notice Of Completion: Unless waived by the city, a person designated by the right of way user
as a responsible employee shall sign a completion certificate showing the completion date for the
work performed, identifying the installer, the designer of record, and certifying that work was
completed according to the requirements of the city.
If necessary due to approved changes for the work as protected when the permit was applied for,
the permittee shall submit "as built" drawings or maps within six (6) months of completing the
work, showing any deviations from the plan that are greater than plus or minus two feet (2').
8-14-23:
(A)
Placement Of Facilities: Placement, location, and relocation of bus benches, transit shelters and
all other facilities must comply with the act, with other applicable law, and with Minnesota rules
7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise
available to cities.
8-14-33:
(A)
LOCATION AND RELOCATION OF FACILITIES:
TRANSIT FACILITIES:
Private Bus Benches and Transit Shelters:
1. License Required: No person shall erect or maintain a bus bench or transit shelter within the
city without first obtaining a license as required in this section.
Page 2
way.
3. Application And Fees:
a. Existing and New Private Bus Benches: Bus bench licenses shall be issued for six (6)
month terms subject to the following conditions:
1) Payment: Payment of new or renewal license fees shall be made pursuant to
the fee schedule identified in the adopted policies and procedures manual.
2) Transfer, Assign, Sell; Actions Prohibited: The bus bench license shall not be
transferred, assigned or sold.
4. Sale Of Bench: If the bench or benches installed under a license are sold, transferred, or
assigned, a new license shall be required and obtained.
5. Number Of Benches: The number of benches within the city shall be based upon the location
of bus stops as determined and mapped by the city and/or transit authority. There shall be no
more than sixty (60) bus benches (including transit shelters) within the city. The Transit
Authority shall have priority in providing bus benches, shelters and transit facilities. Any
remaining bus bench or transit shelter licenses shall be available to private vendors provided the
total number of benches (including transit shelters) shall not exceed sixty (60) at any one time
within the city.
6. Location Of Benches:
a. All benches shall be located in the right of way on roadways that are used as bus routes
by the local public transit authority, and at locations where a bus would stop to pick up
passengers, as determined and mapped by the city and/or transit authority.
b. Any bench may be relocated by the license holder in conformance with the
requirements of this section, provided that prior to relocating the bench the license holder
provides to the city a revised bench location map to be approved by the city prior to
relocation of the bench. The license holder shall remove the concrete pad from the prior
location and completely restore the site to be compatible with the adjacent property.
7. Liability: Each bench shall be covered under a liability insurance policy held by the license
holder that names the city of Burnsville, Dakota County, the state of Minnesota department of
transportation and the local public transit authority as additional insured parties. Each bench shall
have coverage of at least three million dollars ($3,000,000.00) per occurrence. Each license
holder shall execute a hold harmless agreement that protects the city from any and all claims
arising out of the existence, use, and maintenance of the benches.
8. Maintenance: Each bench and pad shall be maintained by the license holder at all times in a
safe condition at the approved location, and shall be inspected periodically by the license holder.
Page 3
9. Advertising Signs:
a. No advertising matter or sign shall be displayed upon any bench located in city right of
way except only upon the front surface of the backrest.
b. The sign area on each bench within city right-of-way shall not exceed twelve (12)
square feet. No liquor, beer, tobacco, and other age regulated or illegal substances, and no
obscene, immoral, or political advertising of any kind shall be permitted. No advertising
matter or sign on any bench shall display the words "stop", "look", "drive in", "danger",
or any other word, phrase or symbol which might interfere with, mislead, or distract
traffic. All advertising shall be subject to the approval of the city.
c. Because of the public service nature of the bus benches, at least ten percent (10%) of
the benches installed by each license holder in the city shall be made available to the city
and the local public transit authority at no cost for the advertisement of the transit
authority, bus route information, and public service announcements.
10. Permit Requirements:
a. All permits required by Dakota County and/or the Minnesota department of
transportation shall be obtained by the vendor and copies of said permits shall be
provided to the city prior to issuance of a license.
11. Bench Standards: Each bench shall meet the following standards:
a. The bench shall be constructed of durable, easily maintained materials, and designed to
minimize the possibility of tipping over.
b. No bench shall be more than forty two inches (42") in height, thirty inches (30") in
width, and seven feet (7') in length.
c. No bench shall include any illumination device, either incorporated into the bench or
directed upon the bench, excluding streetlights owned and maintained by a utility
company.
d. Each bench shall include the license holder's name and business telephone number,
conspicuously displayed in one inch (1") letters and numerals on the front edge of the
bench seat.
e. Written approval from Dakota County shall be provided to the city for all benches
located within county right-of-way.
12. Revocation Of License Or Denial Of License Renewal: Any license may be revoked, or the
application for renewal thereof denied, for failure to comply with the provisions of this chapter,
or for misrepresentation of any material facts in the application, or for any reason which would
Page 4
have been grounds for denial of the original application, or where, in the judgment of the city,
maintenance has become inadequate or when the transit authority takes over the route and/or
provides its own facilities. No revocation or denial of renewal shall be arbitrarily or inequitably
made as between different license holders.
13. Removal Of Benches: Bus benches shall be removed or relocated within sixty (60) days
following written notification by the city that the transit authority will take over the route and
provide its own facilities and/or designate stops on a specific route. Benches shall also be
removed upon the revocation or expiration of any license without renewal. If the license holder
fails promptly to remove or relocate a bench and pad and restore the site to be compatible with
the adjacent property, the city may do so within ten (10) days after written notice given by mail
directed to the address of the license holder on file. If the license holder shall fail to pay the cost
of removal and storage of the bench within a period of sixty (60) days after the giving of such
notice, the license holders rights in said bench shall be forfeited, but such forfeiture shall not
excuse the license holder from the payment of the cost of removal and storage of the bench,
removal of the pad and storage if applicable, and restoration of the site.
(B)
Public Transit Authority Provided Bus Benches, Shelters and Transit Facilities:
way.
2. No advertising other than transit information shall be posted or located upon bus benches,
shelters or other transit facilities.
3. Maintenance. All bus benches, shelters and transit facilities shall be periodically inspected
and maintained at all times in a safe condition at the approved location, by the permit holder.
(C)
Penalty: The penalties for violating this section shall be as provided for in title 1, chapter 4 of
this code.
Page 5
CITY OF BURNSVILLE
BY:
ATTEST:
Meeting Date
Item number
CITY OF BURNSVILLE
ACTION:
_____ New Policy
_____ Required by Law
06/02/2009
11
___X___ Present Policy
______ Housekeeping
PRESENTER
Mayor Elizabeth B. Kautz
ITEM
Consider Appointments to Committees/Commissions.
Appoint members to the Committees and Commissions for the June openings.
FACTS
On May 14, 2009, the Council conducted interviews for June appointments to the Advisory Boards. The
interviews were followed by discussion of the merits of the candidates in preparation for the appointments.
Most of the terms are for three years, ending in June 2012. The exception is the PNRC Youth members have a
one-year term and those unexpired terms that are being filled due to vacancy or appointment of an alternate to a
regular member position.
ATTACHMENT
Committee Openings and Applicants
2008-2009 Commission/Committee Listing
mlb
COMMITTEE/COMMISSION OPENINGS
June 2009
HOC Design Review Committee:
1 Resident Members – term ending 6/2012
Reapplied –
Wayne Huelskoetter
Parks & Natural Resources Commission:
2 Regular Members – terms ending 6/2012
1 Alternate Member – term ending 6/2012
Reapplied -
Applied –
John Wallace
Steve Stueber
Deborah Haqq (alt)
(or Planning)
Kevin Stirtz
Katherine Carlson
2 Youth Members – terms ending 6/2010
Applied –
None
Planning Commission:
Reapplied –
None
Applied –
Ram Singh
Patrick Julik
Maroof Rauf
(or EDC)
Economic Development Commission:
Tim Ivers:
Reapplied –
Ken Slipka
Applied –
None
Interviewed January 2009 for BD WMO – Council agreed he would not have to
interview again to be considered for a different commission.
CITY OF BURNSVILLE
2008-2009 COMMITTEE/COMMISSION LISTING
Economic Development Commission
Bob Stowell (chair) ........................................................................................6/1/2011
Karolyn Anderson (vice)................................................................................6/1/2010
LaDonna Boyd ...............................................................................................6/1/2009
Ken Slipka......................................................................................................6/1/2009
Rich Vanderlaan ............................................................................................6/1/2010
Gale Aaroe .....................................................................................................6/1/2011
Gene Grazzini ................................................................................................6/1/2011
Ken Gay (alt)..................................................................................................6/1/2011
Joanne Johnson (alt).......................................................................................6/1/2009*
HOC Design Review Committee
Wayne Huelskoetter.......................................Resident..................................6/1/2009
Sandra Schlaefer ............................................Chamber.................................6/1/2010
Mark Radde....................................................Resident..................................6/1/2011
Richard Thomas .............................................Resident..................................6/1/2011
Cheryl Lachelt................................................Architect.................................6/1/2010
Ed Delmoro....................................................Resident..................................6/1/2011
Vicky Turner..................................................Planning Commission ............6/1/2009**
Parks & Natural Resources Commission
John Dedzej....................................................................................................6/1/2010
John Wallace..................................................................................................6/1/2009
Len Nachman .................................................................................................6/1/2011
Rhonda Rezac ................................................................................................6/1/2010
Steve Steuber .................................................................................................6/1/2009
Nelson Fitchett ...............................................................................................6/1/2011
Deb Haqq (Alternate).....................................................................................6/1/2009
Emma Martin (Youth)....................................................................................6/1/2009
Matthew Kalmes (Youth) ..............................................................................6/1/2009
Planning Commission
Steven Manhart ..............................................................................................6/1/2010
Vicky Turner..................................................................................................6/1/2011
Richard Dusterhoft.........................................................................................6/1/2009
Michael Esch..................................................................................................6/1/2009
DeeDee Currier .............................................................................................6/1/2010
Chris Teiken (Alternate) ................................................................................6/1/2011
* One alternate position should be cut from EDC in 2009.
** Position appointed by Planning Commission
............................................................................................................................................................................... (Revised 1/2009)

BURNSVILLE CITY COUNCIL

Transcription

Similar documents

Giuliana Rancic - Stephanie Stephens

Froggy Drawing handout2 - Mid Mon Valley Transit Authority

tgi friday`s - EXP Realty Advisors

june 4 : fado irish pub

route 23

View the powerpoint presentation.

Brochure - Heating bench COMODO

The Use of Geographic Data at Winnipeg Transit

Heavy Duty Electric Buses