BURNSVILLE CITY COUNCIL

Transcription

BURNSVILLE CITY COUNCIL
FINAL AGENDA - REGULAR MEETING
TUESDAY, OCTOBER 5, 2010 - 6:30 p.m.
BURNSVILLE CITY HALL
100 CIVIC CENTER PARKWAY
Mayor
Councilmembers
6:30 p.m.
Elizabeth Kautz
Charlie Crichton
Dan Gustafson
Dan Kealey
Mary Sherry
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.
Announcements and Proclamations
• Fire Prevention Week Proclamation
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 Authorizing Payment of Membership Dues to the League of Minnesota Cities for
September 2010//2011.
D.
Consider Adopting Amendments to Policy 1.020 – Citizen Boards and Ad Hoc Committee
Regarding School Board Members. (Continuance Requested by Mayor Kautz)
E.
Consider Extending the Planning Commission Term of DeeDee Currier to June 2013.
(Continuance Requested by Mayor Kautz)
F.
Consider Approval of Election Judges for the General Election – November 2, 2010.
G.
Consider Approval of Operating Managers for Liquor License Holders; Costco,
SuperAmerica #4383.
H.
Consider Resolution Authorizing Burnsville to enter into a Grant Agreement with the
Dakota County Traffic Safety Group.
I.
Consider Approval of a Memorandum of Understanding with Dakota County for Edward
Byrne Memorial Justice Assistance Grant (JAG).
J.
Consider Resolution Approving Suburban Transit Authority Membership for the City of
Prior Lake.
K.
Consider Accepting Quotes and Awarding Contract for Wood Pond Rain Garden
Construction.
L.
Consider Approval of an Application for Menard Inc. for a Planned Unit Development
Amendment to allow temporary seasonal sales of Halloween goods at 3100 Highway 13
West; and Consider Findings of Fact, Ordinance, and Amended Planned Unit Development
Agreement.
Final Agenda
October 5, 2010
2
M.
Consider Approval of an Application for Northern States Power for a Conditional Use
Permit Amendment to replace the Cedar discharge gate and to work in the floodplain at
1400 Black Dog Road. (The site is located on the south side of Black Dog Road in the
channel that connects Black Dog Lake to the Minnesota River, approximately 850 feet
west of the Cedar Avenue Bridge.); and Consider Findings of Fact and Amended
Conditional Use Permit.
N.
Consider Approval of an Encroachment Agreement with Magellan Pipeline Company, L.P.
for Birchwood Lane and Hemlock Drive Encroachments into Magellan Pipeline Company,
L.P. Pipeline Easements.
REGULAR AGENDA
6:45 p.m.
5.
Public Hearing – Consider Approval of a 3.2 Percent/Wine On-Sale Liquor License for
Rack Shack BBQ LLC d.b.a. Rack Shack BBQ at 2925 Cliff Rd. E.
6:50 p.m.
6.
Public Hearing - Consider Approval of an On-Sale/Sunday On-Sale Liquor License for
Apple Minnesota LLC d.b.a. Applebee’s Neighborhood Grill & Bar at 2152 Burnsville
Center.
6:55 p.m.
7.
Consider Convention and Visitors Bureau Lease Proposal for Space at the Burnsville
Performing Arts Center.
7:00 p.m.
8.
Miscellaneous.
9.
Adjournment.
“The City of Burnsville does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual preference, disability
or any other basis protected by law in the admission or access to, or treatment or employment in, its programs, activities, or services.”
To obtain this information in alternative forms such as Braille, large print, audio tape or qualified readers, please contact the City of
Burnsville. Telephone (952) 895-4490.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item Number
10/05/2010
1
Council Meetings:
Tues., October 19, 6:30 p.m.
Mon., November 1, 6:30 p.m. (Election)
Worksession Meetings:
Special Worksession:
Truth in Taxation Meeting Schedule for Taxes Payable in 2010:
Department Budget Presentations:
1st Budget Worksession:
2nd Budget Worksession:
Budget Open House
Adopt Budget/Final Tax Levy:
Tues., October 26, 6:30
Tues., November 9, 6:30 p.m.
Tues., December 7, 6:30 p.m.
* The public will be allowed to comment at all TNT meetings.
• Fire Prevention Week Proclamation
PROCLAMATION
Fire Prevention Week
WHEREAS, the City of Burnsville is committed to ensuring the safety and security of all those
living in and visiting our City; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where
people are at greatest risk to fire; and
WHEREAS, nearly 3,000 people die each years as a result of home fires each year; and
WHEREAS, roughly two-thirds of home fire deaths resulted from home fires in which no smoke
alarms or no working smoke alarms were present; and
WHEREAS, working smoke alarms cut the chance of dying in a reported fire in half; and
WHEREAS, the National Fire Protection Association recommends at least one smoke alarm on
every level of the home (including the basement) outside all sleeping areas, and in all
bedrooms; and
WHEREAS, informing the public about the importance of smoke alarm installation and maintenance
serves an essential step toward increasing the public’s safety from home fires; and
WHEREAS, Burnsville’s first responders are dedicated to reducing the occurrence of home fires and
home fire deaths and injuries through prevention and proper education; and
WHEREAS, Burnsville residents are responsive to public education measures and are able to take
personal responsibility to increase their safety from fire, especially in their homes; and
WHEREAS, the Fire Prevention Week 2010, October 3-9 theme, “Smoke Alarms: A Sound You
Can Live With!” actively works to motivate Burnsville residents to implement smoke
alarm recommendations in their homes;
NOW THEREFORE, I, Elizabeth B. Kautz, Mayor, on behalf of the City Council, do hereby proclaim
the week of October 3-9, 2010 to be
FIRE PREVENTION WEEK
Proclaimed this 5th day of October, 2010.
Elizabeth B. Kautz, Mayor
CITY OF BURNSVILLE
Regular Meeting Minutes
September 21, 2010
The City Council of the City of Burnsville met in regular session at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 21st day of September, 2010.
The meeting was called to order by Mayor Kautz at 6:30 p.m.
The Pledge of Allegiance was preceded by a moment of silence.
Present:
Absent:
1.
Crichton, Gustafson, Kautz, Kealey, and Sherry
None
Announcements and Proclamations.
Council Meetings:
Worksession Meeting:
Special Worksession:
Governance Meetings:
Cancelled (Tues., September 28)
Truth in Taxation Meeting Schedule for Taxes Payable in 2010:
Department Budget Presentations:
Tues., October 26, 6:30
1st Budget Worksession:
2nd Budget Worksession:
Budget Open House
Adopt Budget/Final Tax Levy:
Tues., December 7, 6:30 p.m.
* The public will be allowed to comment at all TNT meetings.

2.
Family Day Proclamation
Citizen Comments.
Perry Lind, Burnsville Auto Repair, 12001 Cty Rd 11
3.
Additions to the Final Agenda.
There were no additions to the Final Agenda.
CONSENT AGENDA
Councilmember Crichton requested Item 4E (Emerald Ash Borer Management Plan) and Item 4F (Receiving
Objection and Authorizing Staff to Respond to Property Owner on the River Ridge Project 10-101B) be
removed from the Consent Agenda for further discussion.
Motion by Crichton, seconded by Sherry, that the following Consent Agenda items (listed as A-J, excepting
E and F) be approved as presented. Ayes – Crichton, Gustafson, Kautz, Kealey, and Sherry. Nays – None.
Motion carried.
COUNCIL MINUTES
Regular Meeting
September 21, 2010
2
CONSENT AGENDA (continued)
4A.
Consider Approval of Minutes.
Approved the Regular Minutes of September 7, 2010 and the Worksession Minutes of September 14,
2010 as submitted.
4B.
Approved the listing of claims in the submitted amount of $6,635,431.36.
4C.
Consider Approval of a Joint Powers Agreement with Dakota County for 2010 Household
Hazardous Waste Collection Day Event.
Approved the 2010 Joint Powers Agreement with Dakota County to jointly host a Household
Hazardous Waste Collection Day Event on September 25, 2010.
D-10-66
4D.
Consider Approval of Amendment to Extend the Lease Agreement with Rosemount Aerospace Inc.
for use of the Rose Park Property.
Approved an amendment to extend the current Lease Agreement with Rosemount Aerospace Inc.
(Goodrich) for use of the Rose Park Property through the year 2032.
D-10-67
4E.
Item removed for discussion.
4F.
Item removed for discussion.
4G.
Consider Authorizing Expenditures for the Emergency Clean-up and Repairs Caused by the Fire at
the Water Treatment Plant.
Authorized the expenditures for the emergency repairs and cleanup caused by the fire at the Water
Treatment Plant.
4H.
Consider Approval of a name modification from Clear Wireless, LLC to American Towers, Inc. for a
Planned Unit Development Amendment for a 125 foot monopole cell tower and ground equipment
compound to be located at 14290 Plymouth Avenue.
Approved the modified Planned Unit Development Agreement for American Towers, Inc.
D-10-68
3
COUNCIL MINUTES
Regular Meeting
September 21, 2010
CONSENT AGENDA (continued)
4I.
Consider Resolution Approving a Premises Permit for the Purpose of Lawful Gambling, Pull-Tabs.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 10-5900
RESOLUTION APPROVING A PREMISES PERMIT FOR
METRO BASEBALL LEAGUE FOR THE PURPOSE OF
LAWFUL GAMBLING, PULL-TABS
JUNIORS SPORTS CAFÉ
4J.
Consider Resolution Approving Premise Permit for Baseball Association 191 for the Purpose of
Lawful Gambling, Pull-Tabs.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 10-5901
RESOLUTION APPROVING A PREMISES PERMIT FOR THE
BASEBALL ASSOCIATION 191 FOR THE PURPOSE OF
LAWFUL GAMBLING, PULL-TABS
HOLIDAY INN
ITEM(S) REMOVED CONSENT AGENDA
4E.
Consider Approval of the City’s Emerald Ash Borer Management Plan.
Motion by Crichton, seconded by Kealey, to adopt the City of Burnsville Emerald Ash Borer
Management Plan. Ayes – Crichton, Gustafson, Kautz, Kealey, and Sherry. Nays – None. Motion
carried.
D-10-69
4F.
Consider Receiving Objection and Authorizing Staff to Respond to Property Owner on the River
Ridge Project 10-101B.
Motion by Crichton, seconded by Kealey, to receive the objection and authorize staff and the City
Attorney to respond as necessary should the property owner appeal the assessment to District Court.
Ayes – Crichton, Gustafson, Kautz, Kealey, and Sherry. Nays – None. Motion carried.
REGULAR AGENDA
5.
Decision Resources presents the 2010 Residential Survey
Bill Morris, Decision Resources presented the 2010 Residential Survey results.
D-10-70
COUNCIL MINUTES
Regular Meeting
September 21, 2010
6.
4
Consider Approving Amendments to VenuWorks Contract.
Motion by Crichton, seconded Sherry, to approve the Amended VenuWorks Contract. Ayes – Crichton,
Gustafson, Kautz, Kealey, and Sherry. Nays – None. Motion carried.
D-10-71
7.
Adjournment.
Motion by Gustafson, seconded Crichton, to adjourn the meeting at 7:46 p.m. Ayes – Crichton, Gustafson,
Kautz, Kealey, and Sherry. Nays – None. Motion carried.
______________________________________
Macheal Brooks, City Clerk
Approved by the City Council of the City of Burnsville this 5th day of October, 2010.
_______________________________________
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
______ Present Policy
_____ Previous Council Action ______ Council Theme ______ Housekeeping
ITEM
POLICY DECISION/ACTION TO BE CONSIDERED
It is recommended that the Council approve the Claims listing in the amount of $5,117,223.20.
ATTACHMENTS
Claims Listing
hb
10/05/2010
4B
CITY COUNCIL
Claims Listing
Council Meeting: October 5, 2010
Claims Period: 9/17 - 9/30/10
Check / Wire
Date
CLAIMS PAID
09/17/10
09/17/10
09/17/10
09/20/10
09/21/10
09/23/10
09/24/10
09/24/10
09/24/10
09/28/10
1,971,863.73
162,561.58
12,586.05
221,928.65
33,550.81
485.65
562,646.17
448,334.33
144,604.30
38,842.26
Total Claims
$ 3,597,403.53
PAYROLL
September 17, 2010
Gross Payroll
Employee Deductions
Net payroll
$
866,887.24
(352,042.57)
$
514,844.67
$ 4,112,248.20
TOTAL CLAIMS AND PAYROLL
INVESTMENT PURCHASES
UBS
US Gov't Securities
9/17/10
1,004,975.00
TOTAL INVESTMENTS
$ 1,004,975.00
TOTAL CLAIMS REPORT
$ 5,117,223.20
Submitted by
Kelly Strey, Financial Accounting Director
* Claims detail available in the office of the CFO.
*
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
10/05/2010
4C
___X__ Required by Law _____ Previous Council Action ______ Council Theme ______ Housekeeping
ITEM
Consider Authorizing Payment of Membership Dues to the League of Minnesota Cities for September 2010//2011.
Authorize the payment of the League of Minnesota Cities membership dues in the amount of $26,566.
FACTS
According to purchasing guidelines, the City Council needs to authorize the payment of any items that are over
$20,000. The current LMC dues are $26,566. This is increase of $771 from last year. The fees are based on an
invoice schedule for cities with populations between 50,000 and 299,999 at $20,126 plus 10.55 cents per capita for
the 2010 fiscal year, effective September 2010.
/MLB
CITY OF BURNSVILLE
ACTION:
__X__ New Policy
Meeting Date
Item number
_____ Previous Council Action
______ Council Theme
10/05/2010
4D
Required by Law
______ Housekeeping
ITEM
Consider Adopting Amendments to Policy 1.020 – Citizen Boards and Ad Hoc Committee Regarding School Board
Members. (Continuance Requested by Mayor Kautz)
Adopt amendments to Policy No. 1.020 – Citizen Commissions and Ad Hoc Committees and housekeeping
updates.
FACTS
In May 2010, Council interviewed many qualified applicants seeking appointment to city commissions, including
two elected school board members. Though Council agreed that the school board members were very qualified, the
question arose as to whether other applicants not currently serving the community in some other capacity should be
appointed. Council also noted that there were notable advantages to having commissioners with experience as a
school board member as well as potential conflicts of interest.
On September 14, 2010 the Council discussed the policy regarding school board members and a majority consensus
was to allow School Board members to apply and continue to serve on commissions. Also, Council directed staff
to remove the word “already” from the current language regarding other elected officials.
A red-lined version of Policy No.1.020 is attached reflecting the changes noted above, as well as a few
housekeeping changes such as changing the term “board” to “commission” and to add the BPAC Commission to
the list of Standing Advisory Commission.
ATTACHMENTS
Redlined Policy No. 1.020 – Citizen Commissions and Ad Hoc Committees
mlb
POLICY NUMBER
1.020
CITIZEN BOARDS COMMISSIONS AND AD HOC COMMITTEES
I.
PURPOSE AND NEED FOR POLICY
A. To set parameters for the creation, dissolution and member appointment process of
citizen boards commissions and ad hoc committees.
B. To assure equal and open access to the selection process for all City Council appointed
citizen boards commissions and ad hoc committees.
C. To set up a regular and formal recruitment and selection process for eligible members to
all citizen boardscommissions.
D. To provide applicants for citizen boards commissions and ad hoc committees with basic
information on the application procedures and the appointment process.
E. To establish orientation processes standard operating procedures and reporting
requirements.
F. To ensure recognition of all volunteers serving on citizen boards commissions and ad hoc
committees.
II.
POLICY
The City Council relies on volunteers serving on citizen boards commissions and ad hoc
committees to research, review and make recommendations on specific issues and to assist
in strategic planning for the betterment of the community.
The City Council will interact fairly and efficiently with its citizen boards commissions and ad
hoc committees. The intent of this policy is to make efficient use of volunteer efforts and to
respect the sacrifice being made by volunteers. This will involve complete communication
as to Council expectations with regard to the boards’ commissions’ and committees’
formation, dissolution, mission, authority, membership, resources, reporting, attendance,
terms and term limits.
The City of Burnsville has the following types of Citizen Boards Commissions and
Committees:
•
Standing Advisory Boards Commissions – created to provide counsel and
recommendations to the City Council on projects, programs, policy and expenditure of
funds in a specified policy area. (Examples - PC, PNRC, HOC Design Review, EDC, BPAC
Advisory Commission, Board of Appeals)
•
Ad Hoc Committees – created for a determinant period of time to perform a specific
task or to study and offer advice to the City Council on a problem or issue
•
Independent Citizen Boards – exists under authority separate from the City (usually
non-profit status) and operates with a funding, contractual and/or appointment
relationship with the City Council. (Examples – Community Foundation) (The Burnsville
Convention and Visitors Bureau is an independent board covered by a distinct contract
and is not subject to the terms of this policy.)
Policy No. 1.020
Page 2
•
III.
Interlocal Boards – created by joint action of two or more local units of government to
facilitate cooperation in the formulation or administration of public policy in a specific
area. (Example - BDWMO)
PROCEDURES
A. All persons making application to the City Council for a position on a citizen board
commission or ad hoc committee shall be residents of the City of Burnsville. This
requirement may be waived by the Council in the case of the Economic Development
Commission, the HOC Design Review Committee, the Board of Appeals and ad hoc
committees if the applicant's place of business is in Burnsville and their role on the
boardcommission is based on a boardcommission-related occupation.
B. No person shall serve as a regular or alternate voting member on more than one citizen
board commission or ad hoc committee at the same time. This procedure may be
waived when Council deems it appropriate for a member of an existing board
commission to serve on an ad hoc committee.
C. Conflicts of interest
1. During the application process - When an individual's regular employment may
potentially cause a conflict of interest with the normal items of business of a citizen
board commission or ad hoc committee, he or she shall divulge such possible conflict
in writing prior to the consideration for appointment.
Prior to making an
appointment, the City Council shall determine whether or not such potential conflict
of interest would preclude the appointment of the applicant.
2. Upon appointment, members must avoid conflicts of interest with respect to their
responsibilities.
•
•
•
•
•
Members will annually disclose their involvement with other organizations,
vendors, or any other associations that currently do business or may do
business with the City.
Information exclusive to the commission shall not be used by members for
personal gain or the gain of a family member or associate.
It is the member’s obligation to immediately disclose any and all impending
conflict of interest. That member shall absent herself or himself without
comment from both the deliberation and final decision-making on the issue of
conflict.
Members must not use their positions to obtain employment or special
considerations for themselves, family members or close associates.
Members will respect the confidentiality appropriate to issues of a sensitive
nature.
D. Members commit themselves to ethical, businesslike, and lawful conduct, including
proper use of authority and professional decorum when acting as Commission members.
E. Anyone already holding an elective county, state, or federal office shall not be eligible to
serve in a regular voting position on any citizen boardcommission. Elected Board of
Education members may serve.
Policy No. 1.020
Page 3
F. No permanent full-time or part-time City of Burnsville staff employee shall hold a regular
voting position on any citizen board commission or ad hoc committee except that a staff
member may serve as an ex-officio member.
G. Efforts shall be made to have a diversity of professions and occupations represented on
all citizen boards commission and ad hoc committees. As a general guideline, at no one
time should one-third of any one commission or committee be comprised of individuals
of like professions or occupations.
H. As a general guideline, the members of each citizen board commission or ad hoc
committee should be comprised of members representing a wide range of civic groups
and interests.
I.
All citizen boards commissions and ad hoc committees shall conduct their meetings in
public and in general compliance with Roberts Rules of Order. Written minutes will be
taken and forwarded to the City Council.
J. Standing Advisory BoardsCommissions
1.
The following standing advisory boards commissions shall be appointed by the City
Council and shall meet on the days designated below:
Standing Advisory Commissions
Economic Development
Commission
BV Performing Arts Center Advisory
Commission
Time
Date
6:30 PM
2nd Wednesday of March, June,
September, and December
6:30 PM
1st Wednesday each month –
3rd Wednesday if needed
HOC Design Review Committee
As needed
Parks & Natural Resources
Commission
6:30 PM
1st Monday of each month –
3rd Monday if needed
Planning Commission
6:30 PM
2nd and 4th Monday each month
2.
Appointments to expired terms shall be made annually by the City Council at their
first regular meeting in June. All members, regular and alternate, shall be
appointed for a three (3) year term; however, the term may be terminated early
by the Council. Each member shall serve a maximum of three (3) three-year
terms, unless a member was originally appointed to fill a mid-term vacancy. All
members shall serve without compensation.
3.
Attendance at the meetings of these advisory bodies is critical to their
effectiveness; therefore, missing three consecutive meetings or attendance at less
than 75% of the meetings in a six-month period (or a one-year period for advisory
bodies that only meet quarterly or ‘as needed’) will cause the BoardCommission
Chair to review the nature of the absences. Pending the outcome of that review, it
may be necessary for the chairman to forward a recommendation to the City
Council that the member of that BoardCommission be removed for poor
attendance.
Policy No. 1.020
Page 4
4.
Alternate members are considered members in training and shall act as regular
voting members in the absence of any regular member. Mid-term vacancies shall
temporarily be filled by the alternate for the unexpired term. The alternate shall
apply and be considered for regular membership on the BoardCommission along
with any other applicants.
5.
Recruitment and Selection:
Ninety days prior to the expiration of standing advisory boards commissions each
year, the Council shall be advised of the pending vacancies and the attendance
record of the individuals whose terms are expiring, should those individuals be
eligible for reappointment. Should the individuals merit reappointment, those
persons will be contacted to determine if they wish to seek reappointment. New
applications should be completed by the incumbents. Council will also announce to
the general public the vacancies on the standing advisory boardscommissions sixty
days prior to the expiration of commission terms each year and applications will be
accepted from all interested residents. Persons interested in being considered for
appointment or reappointment to a citizen boardcommission shall complete an
“Application for Appointment to Citizen Advisory BoardCommission” form furnished
by the City.
Thirty days prior to the expiration of member terms, the City Council will meet to
review all applications and interview applicants, including incumbent members
whose terms are expiring and who wish to seek reappointment. The members
selected for appointment to the standing advisory boards commissions shall be
those persons who in the judgment of the City Council are representative of the
community and are qualified by training, experience and interest useful for the
fulfillment of the commission's responsibility.
Council may establish an eligibility list for appointment to fill vacancies that occur
during the year prior to expiration of terms. Any eligibility list shall sunset at the
time of annual recruitment for standing advisory boardscommissions. Eligible
candidates will be notified of openings so they may reapply for appointment.
6.
An annual orientation workshop shall be conducted for new standing advisory
board commission members in July or August each year.
7.
Work Plan Procedures
i)
In December, standing advisory boards commissions shall submit items for
Council consideration during the Council’s annual review of its Ends and
Outcomes in January.
ii) The Council’s adopted Ends and Outcomes shall be incorporated into the
boardcommission’s draft annual work plan as appropriate.
iii) Annual work plans shall be presented to the Council for approval in February.
K.
Ad Hoc Committees
1.
The City has three types of ad hoc committees:
i)
Committees created and appointed by the City Council to perform a specific
task and/or to make recommendations directly to the City Council
ii) Committees created and appointed by the City Manager to assist staff in
carrying out the Council’s Ends and Outcomes.
Policy No. 1.020
Page 5
iii)
2.
Persons interested in being considered for appointment to a Council appointed ad
hoc committee may be requested to complete an "Application for Appointment to
Citizens BoardCommission” form furnished by the City.
3.
The formal procedures outlined in this policy (III #5) may be waived by the Council
when making appointments to ad hoc Council appointed committees.
4.
Any ad hoc committee that is formed shall be given a written mission including
provisions for reporting, member attendance, committee authority and a sunset
date.
5.
An ad hoc committee may be reconvened after its sunset date if the Council seeks
further recommendations.
L.
Independent Citizen Boards
1.
The City Council does not appoint members to independent citizen boards but shall
appoint a City liaison as the City’s representative to offer counsel and keep the
Council apprised of the activities of the board.
2.
Independent citizen boards may receive funding approved by the City Council and
shall annually forward a full report on its activities and finances to the Council.
M.
Interlocal Citizen Boards
1.
The City Council shall appoint its designated number of members to interlocal
citizen boards and shall appoint a City liaison as the City’s representative to offer
counsel and keep the Council apprised of the activities of the board.
2.
Interlocal citizen boards shall annually submit a full report on its activities and
finances to the City Council.
N.
VI.
Committees to assist the standing advisory boardscommissions in carrying
out the Council’s Ends and Outcomes, appointed by the advisory boards
commissions themselves.
Recognition for Service
1.
Members of standing advisory boards shall may be invited to an annual recognition
dinner to be held early in the year. Other boards may be included at Council’s
discretion.
2.
Retiring members of standing citizen boardscommissions shall be presented with a
plaque from the City Council in recognition for their service
RESPONSIBILITY AND AUTHORITY.
Administrative implementation of policy.
Submitted by
2010
Macheal Brooks
Date: May 18 October 5,
Policy No. 1.020
Page 6
Reviewed by
2010
Craig Ebeling
Date: May 18 October 5,
This Policy replaces Policy No. 1.020 dated January 5 May 18, 2010.
CITY OF BURNSVILLE
ACTION:
__X__ New Policy
Meeting Date
Item number
10/05/2010
4E
Required by Law
______ Housekeeping
ITEM
Consider Extending the Planning Commission Term of DeeDee Currier to June 2013. (Continuance Requested by
Mayor Kautz)
Extend the Planning Commission term of DeeDee Currier to June 2013.
FACTS
On June 8, 2010, DeeDee Currier was appointed to a one year term instead of the typical three-year term to allow
Council time to discuss whether school board members should be allowed to serve as commissioners. Dr. Currier
was appointed to the Planning Commission originally on March 5, 2007 to fill a vacancy but has since been elected
to the Board of Education.
On September 14, 2010 the Council discussed the policy regarding school board members and a majority consensus
was to allow school board members to apply and continue to serve on commissions and directed staff to add an
extension of two years to Dr. Currier’s term.
/mlb
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
10/05/2010
4F
___X__ Required by Law
______ Housekeeping
ITEM
Consider Approval of Election Judges for the General Election, November 2, 2010.
Approval of the individuals on the attached list and list of student judges from ISD #191 for appointment as
election judges for the General Election, November 2, 2010.
FACTS
According to Minnesota Election Laws, the Council must approve the appointment of election judges. It is
anticipated that the City will need from 230 to 250 judges to conduct the General Election. Attached is a list of
individuals who have said they can serve as election judges.
The City will again be utilizing student judges from ISD #191. This has proved to be a very valuable partnership
because of the positive impact on the election process and the experience in citizenship for the youth of our
community. The Student list is also attached.
ATTACHMENT
Election Judge List
Student List
TMZ
COUNCIL APPROVAL LIST FOR ELECTION JUDGES
GENERAL ELECTION, NOVEMBER 2, 2010
Achterkirch, Mary
Adams, Bruce
Adams, Elizabeth Alsip, James
Alsip, Shirley
Amundson, Karen
Dorothy, Anderson
Anderson, Kenneth
Anderson, Tom
Arison, John
Arthur, Matthew
Augdahl, Kathleen Augdahl, Richard
Aune, Arlene
Batt, James
Barnard, Anna
Bastian, Susan
Belisle, LeAnn
Belter, Nancy
Bergerson, Pauline (Polly)
Berns, Jeanne
Besser, Joyce
Bevis, Mary
Blofield, Dianne Blofield, Ken Boles, Susan
Bolt, Joyce
Boodoo, Roopnarine
Boothe, Sara
Brady, Janice
Brooks, John
Buck, Marcy
Bucklin, Mary Ann
Buforo, Beverly
Burkhardt, Hilary
Burkhardt, Sheryl
Bushlack, David
Bushlack, Margaret
Cahlander, Marjorie
Carlson, Kathleen Carlson, Mark
Cherney, Joy
Cherney, Steve Clark, Terri
Claude, James
Corniea, Eileen
Corwin, Judy
Craddock, Jean
Culbertson, Charlotte
Dagsgard, Sharon
Didde, Sally
Doherty, Dana
Donofrio, Marge
Donofrio, Tony
Doron, Jollie
Drews, Marie
Druhl, Daisy
Durand, Carol
Ellsworth, Dick
Engelhard, Virginia
Evans‐de‐Caprio, Marj
Falk, Ann
Fallt, Margaret J.
Feldman, Bernadine
Finan, Lois
Fluhrer, Chad
Freesemann, Marlys
Fulkerson, Melvin
Gapp, James
Garbe, Donna
Garbe, John
Gilbertson, Danny
Gilbertsen, Ralph
Goulet, Maryann
Graham, William
Greenwood, Barbara
Grimaldi, Ilene Grimes, Nancy
Grundhofer, Evelyn
Gustafson, Kathy
Hanson, Jo Haugen, Bob Haugen, Clare Haugen, Joanne
Hawkinson, Shari
Hayes, James
Hayes, Colleen
Heltsey, Mary
Herbranson, Jennie
Hopko, Kris
Hubel, Robert
Huberty, Joanna
Hudgins, Diane
Huntsman, Steve Ingram, Brenda
Jaros, John
Johnson, Arlene
Johnson, Kathryn (Kitty)
Johnson, Marjorie
Johnson, Twyla
Johnson, Barbara
Jordan, Joyce
Kappes, Denise
Kaster, Janice
Kinamon, Deana
Koch, Walter
Kohler, George
Kosmicki, Chris
Kosmicki, Larry
Kuznik, Jerome
Labounty, Arlene
Lang, Suzanne
Lari, Adeel Z.
Larson, Barbara
Larson, Mary Jayne Lau, Lynn
Leland, Margaret
Lenfestey, Beverly
Lindquist, Judith
Lotterhos, Janice
MacDonald, Betsy MacDonald, Roy Mack, Connie
Malloy, JoAnne
Malsom, Patricia
Manson, Susan
Matychuk, Gretchen
Maus, Colin
Mayer, Pauline
Mayer, Ronald
Mayfield, Pamela
McCarthy, Margaret
McCasey, Thomas
McGowan, Elsie
McGowan, Gerald McNabb, Barbara
Meyer, Janice
Miller, James
Mitchell, Carolyn (Jeni)
Nachman, Len
Nachman, Mimi
Nelson, Linda
Nelson, Peggy
Nielsen, Jeffrey
Nordskog, Geraldine A.
Normand, Jonathan
O'Denius, David
Oines, Duane
Oleson, Sus
Olinger, Catherine
Paradis, Linda
Paris, Nicholas
Pederson, Jean
Peters, Patricia
Peterson, Janet
Peterson, Kenneth
Pevan, Mark
Potter, Carl Preble, Judy
Procaccini, Robert
Raddatz, Minnie
Radtke, Diane Rasmussen, Arnold
Rewalt, Andrea
Rhodes, Betty
Roberts, William
Rodesch, Steve Roe, Margaret
Roehrick, Patricia
Roelke, Ronald
Rolling, Shirley
Root, Lisa
Ross, James
Ross, Judith
Ross, Nancy
Rothfork, Elinor
Rowse, Diane
Rowse, Nick
Roy, Vicki
Ruegg, Joshua
Ryan, Daniel
Ryan, Jill
Sarkinen, Donald
Sarkinen, Mary Ann
Scheelk, Don Scheelk, Lois Schommer, Brittany
Schommer, Martin Schwantes, George
Schwartz, Anne
Shelstad, Manfred
Shoop, Rebecca
Slipka, Ken
Slipka, Linda
Slipka, Linda
Spangler, James
Steining, Gail
Stierna, Bev
Strand, Angela Strozyk, Lilian
Sullivan, Bruce
Syrstad, Valentina
Tellado, Melissa
Thalhuber, Liz
Thiele, Mary Sandra
Thompson, Elizabeth (Buzz)
Thompson, Martin Turner, Dorothy Valentine, John
Velasco, Susan
Voracek, Marlene
Wallace, John
Westby, John
Whittemore, Ann
Wild, Lajean
Willasson, Sally
Wilson, Warren
Winker, Marie
Witt, Roberta
Wolf, Rebecca
Yates, Patricia
Zimmerman, Barbara
Zytkovicz, Mike
Zytkovicz, Rosalyn COUNCIL APPROVAL LIST OF STUDENT ELECTION JUDGES
GENERAL ELECTION, NOVEMBER 2, 2010
Natalie Simon
Laura Vanderboom
Emily Hampe
Zach Heinzen
Laura Peterson
Kaitlyn Meyers
Jennifer Munson
Elliot Beck
Laurie McDowell
Sam Heyne
Matt Hardegger
Shaun Stewart
Alex Madsen
Katy Nelligan
Wennie Li
Jenny Husen
Kelly Mccann
Nicole Magee
Thomas Gregg
Nathan Olson
Andrew Hjerstad
Jenna Rempfert
Anarae Schunk
Kali Schweitzer
Erin Higgins
Scott Wheeler
Aaron Dupre
Casey Powell
Maddie Norgaard
Chloe Westlund
Tova Lyng
Mike Mexner
Lauren Li
Emily Hartsough
Emily Hammerstrom
Kelly Brunner
Andrea Fairchild
Celia Brown
Alex Mitchel
Steven Olmstead
Hannah Blenkush
Sherri Patrick
Caitlyn Keller
Zach Schroeder
Adam Goff
Lauren Smith
Laura Haider
Kristen Kraimer
Holly Hardinski
Danielle Nelson
Ellen Cocchiarella
Chris Johnson
Sarah Hannine
Marion Wiedemann
Dan Skoglund
Nathan Rausch
Kelly Nickel
Erik Peterson
Brennan Larkin
Jaci Bongard
Daniel Peterson
Gil Anderson
John Holmstrom
Ben Fox
Luke Wheeler
Tira McClanaken
Trae Bolten
Sophia Butler
Annie Ayres
Jeff Whitehurst
Preston Greigiel
Kevin Rauwerdink
Pannchna Choa
Mayank Kant
Ben Bros
Mike Kongvick
Jimmy Walker
Alex Beane
Julia Borstelmann
Sarah McNulty
Amanda Luek
Erik Kollasch
Lisa Clark
Kevin Berge
Alex Powell
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
10/05/2010
4G
_____ Previous Council Action ______ Council Theme
______ Housekeeping
ITEM
Consider Approval of Operating Managers for Liquor License Holders; Costco, SuperAmerica #4383.
Approve the following Operating Managers:
Costco Wholesale
Don Christensen
SuperAmerica #4383
Amber Fiedler
FACTS
The city code requires the approval of the City Council for a change in operating managers and officers for liquor
license holders. The above mentioned liquor license holders have submitted applications for new operating
managers as listed. 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.
TZ
CITY OF BURNSVILLE
Meeting Date
Item Number
10/05/2010
4H
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy __ ___ Present Policy
__X__ Required by Law _____ Previous Council Action _____ Council Theme ______ Housekeeping
ITEM
Consider Resolution Authorizing Burnsville to enter into a Grant Agreement with the Dakota County Traffic Safety
Group.
Approve a resolution granting the Burnsville Police Department the authority to participate in the Dakota County
Traffic Safety Group.
FACTS
The Eagan Police Department will serve as the Executor of the county grant project initiative that will focus on
traffic enforcement activities throughout Dakota County. The purpose of this traffic initiative is to identify problem
areas in Dakota County and take a proactive, collaborative approach to creating an acceptable level of traffic safety
by developing a culture of understanding and accountability for motorists.
The grant is a Minnesota Department of Transportation, Office of Traffic Safety grant for fiscal year 2011. A grant
award of $146,000 has been received for project events and a May seat belt mobilization. The State of Minnesota
requires a resolution of the City Council to participate in the grant project. According to the Office of Traffic
Safety, participation in this grant project does not preclude participation in Safe & Sober.
Each participating agency would bear the following costs, which are considered matching funds for the grant
initiative:
•
•
•
PBT and Intoxilyzer mouthpieces
Squad car mileage and fuel expenses
Salary benefits – overtime rate less benefits will be requested in the grant proposal
It is staff’s belief that this County-wide initiative would compliment Burnsville’s proactive approach to handling
traffic issues in the City. This is the type of governmental collaboration that sets Dakota County apart from the
rest.
ISSUES
Staff is not aware of any issues related to this resolution.
ATTACHMENT
Resolution
/ll
RESOLUTION 10-____
CITY OF BURNSVILLE, MINNESOTA
A RESOLUTION AUTHORIZING BURNSVILLE
TO ENTER INTO A GRANT AGREEMENT WITH THE
DAKOTA COUNTY TRAFFIC SAFETY GROUP
WHEREAS, the City of Burnsville desires to participate in the Dakota County Traffic Safety Group Grant
Project.
WHEREAS, the State of Minnesota requires a resolution of the City Council to participate.
WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and
educational activities.
WHEREAS, the City is dedicated to traffic safety in the community and has partnered with other Dakota
County law enforcement agencies to increase traffic safety in the community.
WHEREAS, the City will partner with 11 other government entities in Dakota County to increase traffic
safety.
WHEREAS, the Council Members of the City of Burnsville have duly considered this matter and believe
that it is in the best interests of the City to enter into a grant agreement with the Office of Traffic Safety through the
Dakota County Traffic Safety Group to provide enhanced traffic enforcement.
NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are
authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of
the contractual obligations contained therein.
ADOPTED by the City Council of the City of Burnsville this 5th day of October, 2010.
_________________________________
ATTEST:
______________________________
CITY OF BURNSVILLE
Meeting Date
Item Number
10/05/2010
4I
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy __ ___ Present Policy
__X__ Required by Law _____ Previous Council Action _____ Council Theme ______ Housekeeping
ITEM
Consider Approval of a Memorandum of Understanding with Dakota County for Edward Byrne Memorial
Justice Assistance Grant (JAG).
Approve a Memorandum of Understanding with Dakota County for Edward Byrne Memorial Justice Assistance
Grant (JAG).
FACTS
Law enforcement grant money in the amount of $25,691 is being made available to Dakota County and the C
Cities of Apple Valley and Burnsville through the federal JAG program. There is no matching City money
required. The City of Burnsville’s share is $14,287.00. Funds will be used in a joint effort to support the
Dakota County Drug Task Force by providing funds for such activities as training, investigation assistance,
technical assistance, and equipment purchases.
The county acts as the fiscal agent for all Dakota County agencies for Byrne/JAG grants. This memorandum of
understanding recognizes that fact and establishes the necessary legal framework for disbursement of funds and
management of the grant.
ISSUES
Staff is not aware of any issues associated with this item.
/ll
CITY OF BURNSVILLE
ACTION:
____ New Policy
Meeting Date
Item number
X
10/05/2010
4J
Required by Law
______ Housekeeping
ITEM
Consider Resolution Approving Suburban Transit Authority Membership for the City of Prior Lake.
Adopt Resolution approving the City of Prior Lake as a Member of the Suburban Transit Association (STA).
FACTS
The purpose of the STA is for the members to jointly and cooperatively develop programs on matters of mutual
concern and interest, relating to transportation and transit issues. The members of the STA currently include Maple
Grove Transit, Minnesota Valley Transit Authority, Plymouth Metrolink, Shakopee Transit, and SouthWest Transit
and their municipalities. The City of Prior Lake operates Laker Lines, downtown express, circulator and shuttle
services. The cities of Prior Lake and Shakopee also operate BlueXpress, a joint transit service between Shakopee
Transit and Laker Lines.
The City of Prior Lake will join the STA paying annual dues of $3,500.25. This figure is derived based on their
population which is multiplied by the dues per capita structure approved by the STA Board in 2010. The prorated
dues for 2010 are $1,166.75. Although STA dues have been stable, this additional income will aid in the budget of
the organization without increasing the costs.
/mlb
RESOLUTION NO. 10-____
CITY OF BURNSVILLE, MINNESOTA
RESOLUTION APPROVING THE CITY OF PRIOR LAKE
AS A MEMBER OF THE SUBURBAN TRANSIT ASSOCIATION
WHEREAS, the parties to the Suburban Transit Association’s Joint and Cooperative Agreement
are governmental units permitted by Minnesota Statute 471.59 to jointly and cooperatively
exercise any power common to each of them; and
WHEREAS, the Suburban Transit Association was formed to jointly and cooperatively develop
programs on matters or mutual concern and interest; and
WHEREAS, Article 4 of the Suburban Transit Association’s Joint and Cooperative Agreement
states that additional municipalities may become a party upon approval by a majority of the
parties and upon full payment of the annual dues; and
WHEREAS, the City of Burnsville is a party of the Suburban Transit Association; and
WHEREAS, on Monday, August 9th, 2010, the Prior Lake City Council adopted a resolution
authorizing the Mayor and City Council to execute the Suburban Transit Association Joint
Powers Agreement, and appointing Councilor Warren Erickson as the City’s elected
representative; and
WHEREAS, the City of Prior Lake’s initial dues would be $1,166.75 for the last four months of
2010.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BURNSVILLE, MINNESOTA, that the city approves that the
City of Prior Lake becomes a Party of the Suburban Transit Association.
PASSED AND DULY ADOPTED by the City Council of the City of Burnsville this 5th day of
October, 2010.
ATTEST:
CITY OF BURNSVILLE
ACTION:
_____ New Policy
___X_ Required by Law
Meeting Date
Item number
10/05/2010
4K
______Housekeeping
ITEM
Consider Accepting Quotes and Awarding Contract for Wood Pond Rain Garden Construction
Accept quotes and authorize a contract with Rachel Contracting in the amount of $91,124 for constructing a rain
garden in the Wood Pond watershed.
FACTS
This project was identified in the Wood Pond Management Plan (completed in 2008) as a project that is needed to
improve water quality and to help achieve the water quality goal established for Wood Pond. The proposed Rain
Garden would collect and treat storm water runoff from 4.2 acres of the Wood Pond watershed that is currently not
receiving any treatment.
Quotes for the construction of the Wood Pond rain garden were solicited and 2 quotes were received as follows:
Contractor
Price
Rachel Contracting
Carl Bolander and Sons
$91,124.00
$99,726.50
This project is included in the 2010 Storm Water Capital Improvement Plan (CIP). The total amount budgeted in
the CIP is $110,000. This amount includes engineering, design, construction, and contingency costs. Due to
higher than anticipated construction costs the revised total project cost is anticipated to be $120,000. The Rupp
Drive Pond project, which was constructed earlier this year, came in approximately $100,000 under budget. That
project was also funded out of the storm water utility fund, and those savings will more than offset the budget
overrun on this project should Council decide to proceed.
Staff recommends awarding the construction contract to the company submitting the low quote, Rachel
Contracting and using a portion of the savings from the Rupp Drive storm water pond to offset the overages on the
Wood Pond rain garden construction.
ISSUES
Staff is not aware of any issues related to this item.
DJJ
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
10/05/2010
4L
_____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
__X___ Required by Law ____ Previous Council Action _____ Council Theme ______ Housekeeping
ITEM:
Consider A pproval of a n Application f or Menard, Inc. f or a P lanned U nit D evelopment A mendment t o Allow
Temporary Seasonal Sales of Halloween Goods a t 3100 Highway 13 W est; and Consider Findings of Fact,
Ordinance, and Amended Planned Unit Development Agreement.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact and Ordinance; Approve the Amended Planned Unit Development Agreement.
STAFF RECOMMENDATION: N/A
PLANNING COMMISSION ACTION / ISSUES:
The pl anning c ommission held t he public hearing to consider the application on S eptember 27, 2010 . N o on e
from the public spoke for or against the application. The commission discussed the possibility of establishing an
earlier date for the Halloween sales to conclude so that there would not be any incentive to have other seasonal
sales (such as Christmas tree) sales at the site. The commission was also concerned about setting a precedent for
future u sers t hat code enforcement w ould b e d elayed i f the u se w as a s hort t erm ev ent. The c ommission
concurred that the tenant should not be penalized in this case but that the owner should take more responsibility
for leasing the space based on the approved PUD. There are no issues with the project as proposed.
PLANNING COMMISSION RECOMMENDATION:
The planning commission recommended (5-0) for the City Council to approve the PUD amendment for Menard,
Inc. to a llow the p roposed one -time sal es ev ent f or S pirit H alloween S uperstore su bject to t he f ollowing
conditions:
1. The retail sales of Halloween goods is a one-time only temporary event that will be allowed to operate out
of the old Menards building located at 3100 Highway 13 West, until November 15, 2010 when all
operations shall cease and the building will be vacated.
2. The applicant shall file a sign permit application and pay fees for proposed signage.
3. All other conditions of previously approved 2005 PUD shall remain in full force and effect.
PLANNING COMMISSION SUGGESTIONS:
The commission suggested that the city should consider reviewing options to enforce city requirements in a more
timely fashion to avoid this situation in the future and so t hat there is not an i ncentive t o violate the ordinance
because of the time needed to accomplish enforcement.
Menard, Inc. – PUD Amendment for Halloween Sales
October 5, 2010
Page 2 of 2
LEGAL DOCUMENTS:
Unless otherwise noted by the city council at the meeting, the city council motion of approval of this item is to
approve t he c onditions as r ecommended by t he planning commission and to di rect s taff to i ncorporate t he
conditions into the following legal documents:
Development Contract (Plat)
Combined Dev. Contract/PUD Agreement
PUD Agreement
Amended PUD Agreement
PUD Release
Other Legal Documents (List):
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
Amended Interim Use Permit
ATTACHMENTS:
(09/27/2010) P.C. Report & Packet
(09/27/2010) Unapproved P.C. Minutes
Findings of Fact
Minnesota Statutes
Other Exhibits (List):
DG
g/shared/agenda/cc/2010/10/05/2010/CC Report – Menard, Inc. PUD Amd. Halloween Sales
Ordinance
Ordinance Summary
Resolution
Variance
GIH
GIH
IH
UD
,P
GIH,
PUD
G
Washburn Ave. S.
Menard Inc.
3100 Highway 13
Zoned: GIH, PUD
High
w ay
GIH
13
Menards (Temp Halloween Sales)
File 10-32
City of Burnsville
PLANNING DEPARTMENT
100 Civic Center Parkway
Burnsville, MN 55337
952-895-4455 Fax: 952-895-4453
.
North
Menard, Inc. (Temp. Halloween Sales)
Menard
Inc (Temp Halloween Sales)
Pictometry
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Menard, Inc. for a Planned
Unit Development amendment to allow for
the Temporary Seasonal Sales of Halloween
Goods at 3100 Highway 13 West.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On October 5, 2010, the Burnsville City Council met at its regularly scheduled meeting to
consider the above application of Menard, Inc. for a minor Planned Unit Development (PUD)
Amendment to allow Spirit Halloween Superstore to operate a one time, temporary retail sales for
Halloween goods from the old Menards store located at 3100 Highway 13 West.
The Planning Commission held a public hearing on September 27, 2010 to consider the
application. The Applicant and representative for the property owner were present and the
Planning Commission opened the hearing to allow testimony from any and all interested persons
wishing to speak at the meeting. No one from the public spoke for or against the application.
The City Council now makes the following Findings of Fact and Decision:
1.
The property is zoned GIH, PUD (Gateway Industrial Heavy, Planned Unit
Development).
2.
The property is guided MRQ, Minnesota River Quadrant by the Comprehensive
3.
The subject site is part of an overall PUD approved for Menard, Inc. on May 2,
Plan.
2005.
5.
The 2005 PUD contains the following condition: “Any future use of the
buildings on Lot 1 (existing Menard’s) shall require a PUD amendment. The buildings shall be
removed and completely rebuilt or significantly renovated including the exterior of the building
and general site improvements including required green space and ponding.”
6.
On September 9, 2010 city staff observed that the building was being occupied as
a retail store for Halloween product sales with exterior signage advertising “Spirit Halloween
Superstore.”
7.
On September 10, 2010 staff began code enforcement action and advised the
owner and tenant that the retail sales operation was in violation of the PUD and that no zoning
approvals had been granted for the Halloween store.
8.
On September 13, 2010 a meeting was held with the tenant and their attorney and
city staff where the tenant indicated that they had a signed lease with Menard, Inc., and if they
were not allowed to operate they could lose their business franchise.
9.
To obtain code compliance, an application for PUD amendment to allow a one
time temporary seasonal sales event for Halloween goods through November 15, 2010 was filed.
10.
The tenant made all corrections and improvements required to meet building and
fire code requirements.
11.
The building and parking lot are existing and no other exterior site modifications
are required for the one time temporary use.
DECISION
Applicant’s request for a minor Planned Unit Development Amendment is hereby
approved, in accordance with the plans reviewed, modified, approved, and recorded in Clerk’s
Document No. D-10Adopted this 5th day of October, 2010.
g:\legal10\ Menards, Inc. FF (Spirit Halloween) (10-32)
2
CITY OF BURNSVILLE
By:
ATTEST:
g:\legal10\ Menards, Inc. FF (Spirit Halloween) (10-32)
3
CITY OF BURNSVILLE
PLANNING COMMISSION BACKGROUND
Agenda Item:
Meeting Date:
Project No.:
4
09/27/2010
10-32
PRESENTERS:
Deb Garross, Planner
ITEM:
Public Hearing – Menard, Inc. for a Planned Unit Development Amendment to allow temporary seasonal sales of
Halloween goods at 3100 Highway 13 West.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted To:
09/10/2010
11/09/2010
N/A
BACKGROUND OVERVIEW:
The applicant, Menard, Inc. is requesting approval of a minor Planned Unit Development (PUD) amendment to
allow Spirit Halloween Superstore to operate a temporary retail sales for Halloween goods from the old Menards
store located at 3100 Highway 13 West. The property is zoned GIH/PUD (Gateway Industrial Heavy/Planned Unit
Development) and is guided MRQ, Minnesota River Quadrant in the Comprehensive Plan. The properties to the
north, west and east are zoned GIH. The properties to the south across Highway 13 are zoned B-4 (Highway
Commercial). According to the approved 2005 PUD, “Any future use of the buildings on Lot 1 (existing
Menard’s) shall require a PUD amendment.” In this case, because the site is part of the overall Menards PUD, the
appropriate process is to consider a minor amendment to the PUD to allow the temporary retail sales use.
HISTORY:
The old Menards building was constructed in 1978 and is currently vacant and being advertised for sale. All
tenants that formerly occupied the space have ceased operating or moved to other locations and the existing
building has been vacant for several years. This being the case, there are no “grandfather” rights to operate retail
or other uses in the building. In May 2005, Menard, Inc. received PUD approval to construct a new Menards
Superstore on the former Cub Foods site at 2700 W. Highway 13. As part of the 2005 PUD process, the city
wanted to see redevelopment plans for the western part of the PUD however, Menard, Inc. did not provide any
details for future use of the site, would not agree to tear down the existing buildings and did not provide any future
redevelopment plans. The city approved the PUD amendment to allow the new Menards Superstore to be
constructed but clearly stipulated in the PUD agreement that any future use of the old Menards building would
require a PUD amendment and that the building will be removed and completely rebuilt or significantly renovated
including the building exterior and general site improvements. The existing outdoor storage areas and warehouses
were also to be addressed with a future PUD amendment.
In 2007, Menard, Inc. received PUD approval to allow TNT Fireworks to sell fireworks temporarily from a tent in
the parking lot at the new Menards store (next door). However, the property owner did not sign the PUD
agreement so the fireworks sales use is null and void and not an approved use for the PUD.
PUD BENEFITS:
The benefit is to allow an existing business to operate on a temporary basis for the 2010 fall season and provide for
the necessary zoning clearance for the property.
Menard, Inc. - Spirit Halloween Superstore PUD Amend.
September 27, 2010
Page 2
PUD DEVIATIONS (If PUD Application):
No PUD deviations are necessary for the proposed temporary Halloween sales retail use.
VARIANCE HARDSHIP (If Variance): N/A
DEVELOPMENT SUMMARY CHART:
Site Area (Entire PUD):
Old Menards Site 3100 Hwy 13 W.
Building Area:
Parking:
1,486,703 S.F.
34.13 Acres
558,439 S.F.
119,498 S.F.
433 Stalls
12.82 Acres
PUD/PLAT DETAILS:
On September 9, 2010 city staff drove by the site and noticed that the building was being occupied as a retail store
for Halloween product sales with exterior signage advertising “Spirit Halloween Superstore.” On September 10th
the tenant and owner (Menard, Inc.) were advised of the code violation and to stop work at the site because the
retail use did not have zoning approval to operate. The tenant indicated that they had been in the space setting up
for several weeks and had thousands of dollars of inventory/displays up and were prepared to open for business on
September 10th. The tenant further advised staff that they had contacted the city to determine if a business license
was required and were advised that the city did not require business licenses. The tenant reviewed the city sign
regulations on the website and thought that they qualified as a “New Business” and did not need to obtain a sign
permit. Staff began code enforcement to obtain compliance with the ordinance and PUD.
On September 13th staff met with the tenant and their attorney who indicated that the tenant had signed a lease with
Menard, Inc. and that if the tenant could not open the store, they could lose their business franchise. They have
been operating Halloween shops for 16 years. The tenant also verified that they had reviewed the PUD Agreement
following notification of the violation and that they realized their research was incomplete and that the city was not
responsible for their situation. To assist the tenant and ensure that the zoning process is followed, staff suggested
that the applicant file a PUD amendment to allow the temporary Halloween sales for one season only with said
retail sales to end by November 15, 2010. The tenant and property owner agreed to file the necessary application
and proceed with zoning approval for the project. Staff advised that as long as the application was filed, the city
would not continue code enforcement. (The code enforcement process would take longer than the store is proposed
to be open).
If the PUD Amendment is approved, Spirit Halloween Superstore will operate out of the former Menards building
through Halloween and cease operation and have the site cleaned out by November 15, 2010. A condition has
been added indicating that this is a one-time sales event that shall end by November 15, 2010. The applicant and
Menard, Inc. concur with the condition. The request is reasonable and had the applicant made the right contact
earlier this year, they could have made application for the PUD amendment prior to setting up operations or found
a location where the use was permitted.
OVERLAY or SPECIAL DISTRICTS: N/A
BUILDING MATERIALS AND ARCHITECTURE: N/A
TREE PRESERVATION: N/A
Menard, Inc. - Spirit Halloween Superstore PUD Amend.
September 27, 2010
Page 3
LANDSCAPING: N/A
SCREENING: N/A
SIGNAGE:
The ordinance requires that a sign permit be approved by the city prior to installation of exterior signage. In this
case, a temporary sign permit is required that will allow a banner to be displayed for the proposed temporary retail
sales use. A condition has been added to require the applicant to submit a temporary sign permit and pay the
$408.00 permit fee to allow signage to be displayed for up to 60 days.
LIGHTING: N/A
ENGINEERING CONSIDERATIONS: N/A
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
The building has been inspected by the Fire and Protective Inspections staff and the tenant has made the necessary
upgrades to meet code requirements for the temporary retail sales operation.
PLANNING CONSIDERATIONS:
The minor PUD approval will allow Halloween sales to occur on the site.
ROLE OF PLANNING COMMISSION:
The role of the Planning Commission is to is to review the technical aspects of the proposal as it relates to the
Zoning Ordinance and Comprehensive Plan.
RECOMMENDATION (With Conditions):
Staff recommends that the planning commission recommend to the city council approval of the Planned Unit
Development amendment conditioned on the following:
1. The retail sales of Halloween goods is a one-time only temporary event that will be allowed to operate out of
the old Menards building located at 3100 Highway 13 West, until November 15, 2010 when all operations
shall cease and the building will be vacated.
3. All other conditions of previously approved PUD’s shall remain in full force and effect.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “X”
Site Location Map
Pictometry
Other Exhibits (List)
Menards Site Plan
DG
g/shared/planning/agenda/2010/PC Report – Menard Inc, Halloween Sales PUD Amd.
UNAPPROVED MINUTES OF THE
SEPTEMBER 27, 2010 PLANNING COMMISSION
4.
Public Hearing – Menard, Inc. for a Planned Unit Development Amendment to allow
temporary seasonal sales of Halloween goods at 3100 Highway 13 West.
Deb Garross presented an overview of the proposed application for PUD amendment.
The commission discussed the possibility of establishing an earlier date for the Halloween sales to
conclude so that there would not be any incentive to have other seasonal sales (such as Christmas tree)
sales at the site. The commission was also concerned about setting a precedent for future users that code
enforcement would be delayed if the use was a short term event. The commission suggested that the city
should consider reviewing options to enforce city requirements in a more timely fashion to avoid this
situation in the future. The commission concurred that the tenant should not be penalized in this case but
that the owner should take more responsibility for leasing the space based on the approved PUD.
Val Cohn, 829 Lincoln Avenue, St. Paul, MN 55105 is the tenant and owner of Spirit Halloween
Superstore. Mr. Cohn introduced himself and briefly explained that they had entered into a lease with
Menards for the store location and indicated that they have operated stores in the Twin Cities for the past
18 years and would like to obtain approval to operate this year. Mr. Cohn also indicated that they could
have the building cleaned and vacated by November 6th if the city wanted to change the end date for the
use to have it conclude prior to November 15th.
At 7:33 p.m. Teiken opened the public hearing.
No one from the public spoke for or against the application.
At 7:34 p.m. Teiken closed the public hearing.
Garross advised staff recommends approval of the PUD amendment application as conditioned.
Currier moved and Manhart seconded a motion recommending to the City Council approval of the PUD
amendment for Menard, Inc. to allow the proposed one-time sales event for Spirit Halloween Superstore
subject to the following conditions:
1. The retail sales of Halloween goods is a one-time only temporary event that will be allowed to
operate out of the old Menards building located at 3100 Highway 13 West, until November 15,
2010 when all operations shall cease and the building will be vacated.
3. All other conditions of previously approved 2005 PUD shall remain in full force and effect.
Ayes: Teiken, Currier, Julik, Manhart, Turner. Nays: None. Motion passed (5 - 0).
CITY OF BURNSVILLE
ACTION:
Meeting Date
Item number
10/05/2010
4M
_____ New Policy _____ Clarification/Revision of Past Policy ______ Present Policy
__X__ Required by Law ____ Previous Council Action _____ Council Theme ______ Housekeeping
ITEM:
Consider A pproval o f a n Application f or N orthern S tates P ower for a C onditional U se P ermit A mendment t o
Replace t he C edar D ischarge G ate an d to Wo rk i n t he F loodplain at 14 00 Black D og R oad; a nd C onsider
Findings of Fact and Amended Conditional Use Permit.
POLICY DECISION/ACTION TO BE CONSIDERED:
Adopt the Findings of Fact and Approve the Conditional Use Permit Amendment.
STAFF RECOMMENDATION: N/A
PLANNING COMMISSION ACTION / ISSUES:
The planning commission held a public hearing to review the CUP amendment on S eptember 27, 2010. N o one
from the public spoke for or against the application. The commission discussed the timing and phasing for the
project, em ergency access t o t he p lant, t he status o f Black D og R oad and secu rity for the g ate s tructure. The
commission was advised that work on the new discharge gate would begin as soon as t he flood receeds and will
continue t hrough the early w inter m onths. E mergency acces s is p rovided o ver t he n ew rail b ridge cr ossing
located south of the plant and Black Dog Road will remain open to the east. The Cedar gate will be enclosed with
security chain link fence. There were no issues with the project.
PLANNING COMMISSION RECOMMENDATION:
The planning commission voted 5 - 0 to recommend to the city council approval of a CUP Amendment for NSP
to construct the new Cedar discharge gate in the channel of Black Dog Lake subject to the following conditions:
1. A 100% opaque privacy fence and/or evergreen trees shall be installed to screen the dumpster from view
from Black Dog Road and the lake.
2. The “campus” area of the NSP site shall be platted prior to approval of future land use clearance or no
later than December 31, 2011.
3. The city and NSP shall continue to negotiate to provide necessary trail easements to meet grant deadlines.
4. The erosion and sediment control measures must comply with all MPCA standards.
5. All conditions of previously approved CUP’s shall remain in full force and effect.
6. The applicant shall obtain all permits and approvals required from other agencies having authority for the
project.
7. As-constructed plans shall be submitted along with a FEMA Elevation Certificate prior to issuance of a
Certificate of Occupancy for the project.
Northern States Power – Cedar Discharge Gate CUP Amendment
October 5, 2010
Page 2 of 2
PLANNING COMMISSION SUGGESTIONS: N/A
LEGAL DOCUMENTS:
Unless otherwise noted by the city council at the meeting, the city council motion of approval of this item is to
approve t he c onditions as r ecommended by t he planning commission and to di rect s taff to i ncorporate t he
conditions into the following legal documents:
Development Contract (Plat)
Combined Dev. Contract/PUD Agreement
PUD Agreement
Amended PUD Agreement
PUD Release
Other Legal Documents (List):
Conditional Use Permit
Amended Conditional Use Permit
Conditional Use Permit Release
Interim Use Permit
Amended Interim Use Permit
ATTACHMENTS:
(09/27/2010) P.C. Report & Packet
(09/27/2010) Unapproved P.C. Minutes
Findings of Fact
Minnesota Statutes
Other Exhibits (List):
DG
g/shared/agenda/cc/2010/10-05-2010/CC Report – NSP CUP Amd. – Cedar Gate
Ordinance
Ordinance Summary
Resolution
Variance
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File10-28
City of Burnsville
PLANNING DEPARTMENT
612-895-4455 Fax: 612-895-4437
.
Discharge Gate Location
North
Northern States Power Company
Pictometry
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Northern States Power
Company for a Conditional Use Permit
Amendment to Replace the Cedar
Discharge Gate and to Work in the
Floodplain located at 1400 Black Dog
Road.
FINDINGS OF FACT
AND DECISION
FINDINGS OF FACT
On October 5, 2010, the Burnsville City Council met at its regularly scheduled meeting to
consider the above application of Northern States Power Company for a Conditional Use Permit
(CUP) Amendment to allow construction of a new Cedar Discharge Gate in the channel
connecting Black Dog Lake to the Minnesota River to replace the existing discharge gate.
The Planning Commission held a public hearing on the application on September 27,
2010. The Applicant was present and the Planning Commission opened the public hearing to
allow public testimony from any and all interested persons wishing to speak at the meeting.
The City Council now makes the following Findings of Fact and Decision:
1.
The property is guided for OS, Open Space use by the Comprehensive Plan and is
zoned CD, Conservancy District. The site is also located in the following environmental overlay
districts: Floodplain District and SD, Shoreland District of the Minnesota River and Black Dog
Lake.
2.
A CUP amendment is needed to allow work within the channel, grading, filling
and vegetation removal in the Shoreland District, installation of the new discharge gate structure,
to allow fill slopes along the channel and embankment to exceed 3:1% and to allow a 100%
metal building.
3.
The proposed fill slopes to accommodate the new discharge gate will match the
slope conditions (2:1 / 50% slopes) of the existing embankment and will result in less impact to
the lakebed than would occur if slopes were to meet the 3:1 requirement (more fill would
encroach into the lake).
4.
The DNR was notified of the proposed application and comments were received
by the city that DNR permits would be required for the project. A condition requiring the
applicant to obtain all necessary permits is incorporated into the CUP Amendment.
5.
The applicant developed plans for minimal impact to Black Dog Lake which is a
General Development public water.
6.
The applicant has submitted the required Storm Water Pollution Prevention
(SWPP) plan.
7.
The proposed construction is in compliance with floodplain regulations and the
city’s floodplain ordinance.
8.
The CUP amendment to allow the discharge gate replacement and site modifications
proposed will not be detrimental to or endanger the public health, safety or welfare and will be
harmonious with the objectives of the Comprehensive Plan and ordinances.
The project will be
compatible with the character of the area, will not be hazardous or disturbing to the neighborhood, and
will be adequately served by public facilities and infrastructure. The plan will not involve operations that
will be detrimental to the public, interfere with traffic, result in the loss or damage of natural areas and
will not depreciate surrounding property values.
g:\legal10\NSP – Dedar Gate CUP Amd. FF (10-28)
2
DECISION
Applicant’s request for a CUP Amendment is hereby approved, in accordance with the
plans reviewed, modified, approved with conditions, and recorded in Clerk’s Document No. D10Adopted this 5th day of October, 2010.
CITY OF BURNSVILLE
By:
ATTEST:
Macheal Brooks, Deputy City Clerk
g:\legal10\NSP – Dedar Gate CUP Amd. FF (10-28)
3
CITY OF BURNSVILLE
Agenda Item:
Meeting Date:
Project No.:
3
09/27/2010
(10-28)
PRESENTERS:
Deb Garross, Planner
Jon Lahti, NSP
ITEM:
Public Hearing – Northern States Power Company for a Conditional Use Permit Amendment to replace the Cedar
discharge gate and to work in the floodplain located at 1400 Black Dog Road.
60-DAY RULE SUMMARY:
Application Accepted:
60-Day Review Deadline:
Extension Granted To:
08/04/2010
10/03/2010
12/02/2010
BACKGROUND OVERVIEW:
The purpose of this public hearing is to consider a Conditional Use Permit (CUP) Amendment application for NSP
Company – Xcel to remove the existing Cedar discharge gate and replace it with a new discharge gate structure.
The existing gate structure is located in the channel that connects the Minnesota River to Black Dog Lake (on the
south side of Black Dog Road) and is situated about 850’ west of the Cedar Avenue Bridge. See attached
“Pictometry” for reference to the proposed bridge location.
The property is owned by NSP Co. MN – Xcel Energy Company which leases about 1,400 acres to the U.S. Fish
and Wildlife Service (USFS) for the Minnesota Valley National Wildlife Refuge (MVNWR). The site is guided for
OS, Open Space by the Comprehensive Plan and is zoned CD, Conservancy District. The discharge gate is also
located within the Floodplain District of the Minnesota River and Black Dog Lake and SD, Shoreland District of
Black Dog Lake. Black Dog Lake is designated as a “General Development” public water by the State of
Minnesota and as such development is subject to requirements of the Shoreland District and Floodplain
regulations.
A CUP Amendment is needed to allow for the following:
a.
b.
c.
d.
Construction of the new gate structure
Grading & filling within the Floodplain and Shoreland District
To allow fill slopes to exceed 3:1%
To allow 100% metal building
HISTORY:
NSP completed construction of the Black Dog electric generating plant in 1960. The Black Dog wildlife
management area contains fragile environmental features including calcarious fen, native prairie, wetlands, trout
streams and it is an important resting place for migratory birds and waterfowl. Public access to the preserve is
limited to trail use and observation areas which are provided by the USFS. The city has a number of parks located
south of the preserve including the archery site, Cliff Fen, Black Dog and Tennisioux parks. There is also a small
city park (Minnesota Riverfront Park) located north of Black Dog Road which connects the preserve to the
Minnesota River.
In 1985, NSP received CUP approval to change the way coal is delivered to the plant (from exclusive use of barges
to trains). In 2009, the city approved a CUP amendment to allow a dilapidated pedestrian bridge to be removed
NSP Company CUP Amend. – Cedar Discharge Gate
September 27, 2010
Page 2
from over the railroad tracks that are located north of Black Dog Park. In March, 2010, a CUP amendment and
variance was approved to replace part of an existing driveway/railroad crossing with a new bridge over Black Dog
Lake.
PUD BENEFITS: N/A
PUD DEVIATIONS: N/A
VARIANCE HARDSHIP:
DEVELOPMENT SUMMARY CHART: N/A
PUD/PLAT DETAILS: N/A
OVERLAY or SPECIAL DISTRICTS:
The “Existing Conditions and Site Layout Plan” sheet illustrates the location of the existing discharge gate
structure in relation to Black Dog Road, the existing gravel 12’ wide access road and color aerial photo. The
discharge gate is located in the Floodplain and Shoreland District of Black Dog Lake. The proposal is to demolish
the existing gate structure as illustrated on the photograph and plan sheet “Existing Lake Level Structure
Demolition.”
The proposal involves grading, tree removal, and clearing areas along both sides of the channel as shown on the
attached “Site Preparation/Removals & Restoration Plan.” Tree preservation is discussed later in this report. Both
the Shoreland District and city excavation and filling regulations specify that finished fill slopes shall not exceed
3:1. The “Site Grading Plan” shows existing and proposed slopes along the channel that are considered to be steep
and very steep slopes (18% and steeper). These slopes are considered to be natural features and are regulated by
the Soils Environmental Overlay District. The ordinance provides that for instances where a project does not meet
the strict standards of an environmental overlay district, a CUP may be approved with mitigating conditions
provided the project meets the spirit of the standards. In this case, the existing slopes are manmade and a result of
the initial cedar gate installation fifty years ago. Some of the proposed slopes will exceed the maximum 3:1 (30%)
slope standard as proposed finished slope areas of up to 2:1 (50%) are shown on the grading plan. The plan meets
the spirit and intent of the ordinance in that the slopes are designed to be stable utilizing best engineering practices
and the applicant has submitted the required Storm Water Pollution Prevention Plan. The slopes will be stabilized
with MnDOT seed mix, mulch and erosion control blanket. Erosion control/protection will be implemented
throughout the project. Similar to the bridge project that was approved for NSP earlier this year, the slopes are
representative of existing conditions and the grading proposed will mitigate filling of the channel/lakebed.
The applicant submitted a floodplain analysis for the project and it will be compliant with the Floodplain
Ordinance and FEMA floodplain regulations. The applicant has provided the necessary “no rise certificate”
certifying that the replacement of the Cedar discharge gate structure will not impact the floodway width or 100year flood elevation. A condition has been added to require the applicant to submit as-constructed plans and
FEMA elevation certificate prior to issuance of a certificate of occupancy for the project. These documents are
needed to satisfy the city administration requirements to participate in the FEMA Flood Insurance program.
BUILDING MATERIALS AND ARCHITECTURE:
The attached “Artist Rendering” illustrates the appearance of the proposed Cedar discharge gate structure. The old
structure will be demolished and removed from the site following completion of the new discharge gate. The gate
design will have a flow capacity to meet the plants current and future discharge needs. The structure will be
comprised of reinforced concrete on concrete filled pipe pilings. The “General Structure Plan” and “General
September 27, 2010
Page 3
Structure Elevation” plan provide details of the structure that will have 3 stainless steel gates (each 7’ wide and 16’
tall) operated with electric actuators. A trash rack (illustrated on the “General Structure Sections Front & Side
Walls, Pier” drawing), will be installed upstream of the gates to prevent lake debris from blocking the gate
openings. An overhead monorail trash rake will be installed to remove debris from the trash rack into a dumpster.
The dumpster will be located within a screened in fence. A condition has been added to require a 100% opaque
fence and/or evergreen trees to be installed to screen the dumpster from view from Black Dog Road and the lake.
The existing 12’ wide driveway that accesses the current discharge gate is not paved. The ordinance requires all
driveways and roadways to be hard surfaced. The proposal is to pave the access drive from Black Dog Road to the
dumpster location. The proposed paving will meet the ordinance requirements.
An elevated platform, pre-engineered electrical shelter (see attached Cedar Discharge Gate Electrical Sheet”) and
walkway are also part of the structure and will allow the electrical components needed for operation to be enclosed
and situated above the floodplain. The proposed electrical shelter is a metal building that is 3’ x 4’ (12 s.f.) that is
needed to house the electrical equipment. The structure will have a seam metal roof and the walls will be a tan
color with a white roof. Metal structures are typically not permitted within the city however, in this case the
structure is not intended to be occupied and exists more as a utility housing than a building. The ordinance
provides that alternative exterior materials may be approved with a CUP. Staff has no objections to the utility
building as proposed.
TREE PRESERVATION:
A tree survey was conducted for the property in 2009 for two areas of the property impacted by the bridge crossing
project and the current Cedar gate replacement project. The city forester and the applicant have worked together to
identify a small area of tree removal near the construction site and the applicant has obtained approval of a tree
removal permit. The construction area is entirely within the Minnesota River Valley and is subject to spring
flooding. The 6 trees to be removed are volunteer growth trees with little value and consist of elm, box elder, ash,
hackberry, silver maple and willow that have been allowed to grow freely along the embankment. The tree value
to be removed is $4,022 dollars and is less than 1% of the tree value for the entire NSP property. No tree
reforestation is required for this project.
SIGNAGE: N/A
LANDSCAPING: N/A
SCREENING:
Screening requirements for the dumpster were previously discussed under the Building Materials and Architecture
section of this report.
LIGHTING:
Exterior lighting at the site will be minimal. A small wall pack unit is proposed on the electrical shelter and a pole
mounted floodlight will be installed on the platform to light the gate structure. The proposed lighting is shielded
and will conform to the ordinance.
ENGINEERING CONSIDERATIONS:
September 27, 2010
Page 4
The property has been designated as a regional trail search corridor for the Big River Regional Trail Extension by the
Metropolitan Council. Black Dog Road is a public road and is in need of repair and has been incorporated into the city’s
Capital Improvements Project (CIP) for reconstruction between 2012 and 2014. Following the flooding of the Minnesota
River this spring, Black Dog Road was closed due to the poor condition of the road. Staff has met with NSP to discuss
platting and options to permanently close part of Black Dog Road and consider alternative access to the plant. The
applicant has continued to work with staff and surveyed the 1,400 acre property earlier this year. NSP also continues to
work with all of the parties to plan for the development of the trail and to plat the “campus” area of the site with the next
construction phase (water cooling project).
Given that the nature of the this project is for maintenance, and recent discussions about the future of Black Dog Road,
alternative access etc., staff believes it is reasonable to not require the platting with this project. To meet the city’s
platting policy, a condition has been added requiring the “campus” area of the NSP site to be platted prior to approval of
future land use clearance or no later than December 31, 2011. (December 31, 2011 is a date that coincides with an
anticipated future trail project along the river. The property should be platted by then to facilitate the trail project.
Because the property has not been plated, no park dedication has been paid on this site to date. City staff would like to
work with Xcel to develop a plan to satisfy the park dedication requirements and to acquire the trail easements for the site.
The 2011 timeline for the plat identified above will provide time to develop a park dedication agreement. There may be a
need to obtain easements for the trail before the plat deadline. A condition has been added to continue to negotiate with
NSP to provide necessary trail easements as needed based on the grant deadlines.
Included in the application submittal is a Stormwater Pollution Prevention Plan (SWPPP) that establishes procedures for
controlling erosion and sediment, and re-establishing vegetation along the disturbed areas. The SWPPP adequately
addresses erosion control and re-vegetation of slopes exceeding 3:1. As was stated above in this report, the benefits of
installing slopes greater than 3:1 include reducing the need to place fill within the lakebed. For these reasons, staff
recommends support of the CUP to allow for fill slopes exceeding 3:1 in the locations as shown on the plans.
POLICE/FIRE/BUILDING CODE CONSIDERATIONS:
The plans have been reviewed by Police, Fire and Building Inspections staff and there are no issues anticipated for
the project.
PLANNING CONSIDERATIONS:
The NSP electric generation plant has been in existence for over 50 years and some facilities are near or past their
useful life and in need of replacement. The plant and the existing Cedar discharge gate precede the incorporation
of Burnsville to a city. The facility operates as a conditional use in the CD – Conservancy District and is subject
not only to city regulations but is also heavily regulated by the federal and state government. For the past two
years, NSP has been working on plans to upgrade their facility to meet Federal Environmental Protection Act
requirements and they anticipate several upgrades to the plant within the next 5 – 10 years. The current CUP
Amendment application is needed to install a discharge gate that can manage current and future discharge flows for
the electric utility. Staff considers the proposed slope CUP to be reasonable because the proposed fill slope
associated with the project is needed to match the slopes of the current embankment which is an existing
condition. The proposed slopes along the channel will be treated to prevent erosion per the Stormwater Pollution
Prevention Plan (SWPP) and reduce the need to fill further into the lakebed which would be needed to reduce the
slope to meet the 3:1 standard. The granting of the CUP for the slopes will minimize the impact into the lakebed
and better preserve the natural amenity. The CUP to allow the metal exterior materials for the electrical shelter is
September 27, 2010
Page 5
reasonable in this case due to its small size (similar to a utility cabinet), the structure is needed to house electric
equipment for the gate operation above the floodplain and will not be occupied.
The CUP amendment to allow the discharge gate replacement and site modifications proposed will not be
detrimental to or endanger the public health, safety or welfare and will be harmonious with the objectives of the
Comprehensive Plan and ordinances. The project will be compatible with the character of the area, will not be
hazardous or disturbing to the neighborhood, and will be adequately served by public facilities and infrastructure.
The plan will not involve operations that will be detrimental to the public, interfere with traffic, result in the loss or
damage of natural areas and will not depreciate surrounding property values.
The DNR was notified of the proposed application and their only comment was that the applicable DNR permits
will be required. A condition has been added requiring the applicant to obtain all permits required from agencies
with authority over the project.
ROLE OF PLANNING COMMISSION:
The role of the Planning Commission is to review the technical aspects of the proposed CUP amendment as it
relates to the Zoning Ordinance and the Comprehensive Plan.
RECOMMENDATION (With Conditions):
Staff recommends that the Planning Commission recommend to the City Council approval of the CUP amendment
to allow the applicant to construct the new Cedar discharge gate in the channel of Black Dog Lake subject to the
following conditions:
1. A 100% opaque privacy fence and/or evergreen trees shall be installed to screen the dumpster from view
from Black Dog Road and the lake.
2. The “campus” area of the NSP site shall be platted prior to approval of future land use clearance or no later
than December 31, 2011.
3. The city and NSP shall continue to negotiate to provide necessary trail easements to meet grant deadlines.
6. The applicant shall obtain all permits and approvals required from other agencies having authority for the
project.
7. As-constructed plans shall be submitted along with a FEMA Elevation Certificate prior to issuance of a
Certificate of Occupancy for the project.
ATTACHMENTS: (If an exhibit is attached, it will be marked by an “X”
Site Location Map
Pictometry
September 27, 2010
Page 6
Other Exhibits (List)
Xcel Energy Letter – 9/17/2010
Artist Rendering
Existing Conditions & Site Layout Plan
Existing Lake Level Structure Demolition
Site Preparation/Removals & Restoration Plan
Site Grading Plan
General Structure Plan
General Structure Elevation
General Structure Sections Front & Side Walls, Pier
Cedar Discharge Gate Electrical Details
DG
g/shared/planning/agenda/2010/Xcel PC Agenda Report
UNAPPROVED MINUTES OF THE
SEPTEMBER 27, 2010 PLANNING COMMISSION
3.
Public Hearing – Northern States Power for a Conditional Use Permit Amendment to
replace the Cedar discharge gate and to work in the floodplain. The site is located on the
south side of Black Dog Road in the channel that connects Black Dog Lake to the Minnesota
River, approximately 850 feet west of the Cedar Avenue Bridge.
Planner Deb Garross presented an overview of the proposed application for CUP amendment.
Jon Lahti P.E., 1400 East Black Dog Road, Burnsville, MN 55337, represented the applicant and
answered questions from the Commission related to project timeline, slope restoration, access to the plant,
emergency access and gate operation during construction. Mr. Lahti explained that the project would
begin in October following the flood event and that there will be a period of time when the flow through
the gate will be stopped while the new gate is constructed however during this time, the Lyndale gate will
adequately serve plant operations. An emergency access plan is in place to allow access to the plant over
the new railroad/access bridge south of the plant. With regard to slope restoration, rock will be placed
along areas of the channel subject to flooding and vegetation and filter blanket will be installed above the
rock line.
At 7:10 p.m. Teiken opened the public hearing.
No one from the public spoke for or against the application.
At 7:11 p.m. Teiken closed the public hearing.
Garross advised staff recommends approval of the application as conditioned.
Manhart moved and Currier seconded a motion recommending to the City Council approval of the CUP
amendment to allow NSP/Xcel to construct the new Cedar discharge gate in the channel of Black Dog
Lake subject to the following conditions:
1. A 100% opaque privacy fence and/or evergreen trees shall be installed to screen the dumpster
from view from Black Dog Road and the lake.
2. The “campus” area of the NSP site shall be platted prior to approval of future land use clearance
or no later than December 31, 2011.
3. The city and NSP shall continue to negotiate to provide necessary trail easements to meet grant
deadlines.
6. The applicant shall obtain all permits and approvals required from other agencies having
authority for the project.
7. As-constructed plans shall be submitted along with a FEMA Elevation Certificate prior to
issuance of a Certificate of Occupancy for the project.
Ayes: Teiken, Currier, Julik, Manhart, Turner. Nays: None. Motion passed (5 - 0).
ARTIST RENDERING
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CITY OF BURNSVILLE
ACTION:
X
_____ New Policy
Required by Law
Meeting Date
Item Number
10/05/2010
4N
_____ Previous Council Action ______ Council Theme __X__ Housekeeping
ITEM
Consider Approval of an Encroachment Agreement with Magellan Pipeline Company, L.P. for Birchwood Lane
and Hemlock Drive Encroachments into Magellan Pipeline Company, L.P. Pipeline Easements.
ACTION TO BE CONSIDERED
Approve encroachment agreement with Magellan Pipeline Company, L.P. for the city facility encroachments at
Birchwood Lane and Hemlock Drive.
FACTS
The City Council ordered road reconstruction of Birchwood Lane and Hemlock Drive in 2010 as part of the
Timberland Area reconstruction project. Magellan staff came to a project planning meeting in December of 2009.
Magellan did not indicate that this type of agreement was needed at that meeting. When the project began,
Magellan then shut down construction in its easement areas until it had a chance to review the plans and prepare
the proposed agreement. The Timberland Area project was delayed in these two areas because of these
circumstances. The rest of the project has been paved. Approval of this agreement will allow the City to complete
the utilities and paving of these two areas in 2010.
DISCUSSION
The proposed encroachment agreement will give the City written permission to have its facilities in this easement.
The agreement does include requirements on the City when working in their easement and also includes language
describing Magellan’s rights to maintain their facilities in the City right of way. Copies of the proposed
encroachment agreements are available with engineering department. The City attorney has reviewed the
agreement.
RECOMMENDATION
This agreement will memorialize the City’s right to have its facilities in the Magellan easement and describes the
rights both entities have where City right-of-way intersects with Magellan’s easement.
ATTACHMENT
Magellan Encroachment Exhibit
RDP
G:\AGENDA\Engineering\2010\10-05\4N - Magellan Encroachment Timberland 100510.doc
NORTHERN DR
BIRCHWOOD LN
HAROLD DR
R PL
Magellan Easement
HEML
O CK
TAYL
O
I-35W
UNIQUE DR
DR
WOODCREST DR
BIRCHWOO
TIMBERLAND DR
D CT
Birchwood Lane Encroachment
2010 Reconstruction Project
Hemlock Drive Encroachment
2010 Reconstruction Project
VALLEY HIGH RD
WENTWORTH AVE
ELIZA
BETH
LN
D AV
GR A
N
I-35W
GARFIELD AVE
PLEASANT LN
E
WOODLAND DR
136TH ST W
City of Burnsville
(952) 895-4400
Magellan Encroachment Exhibit
Tuesday, September 28, 2010 8:37:44 AM
S:\Projects\2010\10-101 Street Reconstruction\10-101C Timberland\magellan\Magellan_Encroach_exh.mxd
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
10/05/2010
5
______ Housekeeping
PRESENTER
Tina Zink, Licensing Coordinator
ITEM
Public Hearing - Consider Approval of a 3.2 Percent/Wine On-Sale Liquor License for Rack Shack BBQ LLC
d.b.a. Rack Shack BBQ at 2925 Cliff Rd. E.
Approve the issuance of a 3.2 Percent & Wine On-Sale Liquor License to Rack Shack BBQ LLC d.b.a. Rack
Shack BBQ at 2925 Cliff Rd. E.
FACTS
An application has been submitted from Rack Shack BBQ LLC for. Rack Shack BBQ at 2925 Cliff Rd. E. for a
3.2 Percent/Wine On-Sale liquor license.
All necessary documents have been received and the fee has been paid. The Police Department has
conducted a background investigation on the principals involved and found no reason to deny the issuance
of the license.
TZ
CITY OF BURNSVILLE
ACTION:
_____ New Policy
__X_ Required by Law
Meeting Date
Item number
10/05/2010
6
______ Housekeeping
PRESENTER
Tina Zink, Licensing Coordinator
ITEM
Public Hearing - Consider Approval of an On-Sale/Sunday On-Sale Liquor License for Apple Minnesota LLC
d.b.a. Applebee’s Neighborhood Grill & Bar at 2152 Burnsville Center.
Approve the issuance of an On-Sale/Sunday On-Sale Liquor License to Apple Minnesota LLC d.b.a.
Applebee’s Neighborhood Grill & Bar at 2152 Burnsville Center.
FACTS
An application has been submitted from Apple Minnesota LLC a new owner for Applebee’s Neighborhood
Grill & Bar at 2152 Burnsville Center for an On-Sale/Sunday On-Sale liquor license.
All necessary documents have been received and the fee has been paid. The Police Department has
conducted a background investigation on the principals involved and found no reason to deny the issuance
of the license.
tmz
CITY OF BURNSVILLE
ACTION:
_____ New Policy
Meeting Date
Item number
_____ Required by Law _____ Previous Council Action ______ Council Theme
10/05/2010
7
______ Housekeeping
ITEM
Consider Approval of the Burnsville Convention and Visitors Bureau Lease Proposal for Space at the Burnsville
Approve a three-year lease with the Burnsville Convention and Visitors Bureau to locate in the Burnsville
FACTS
When the Burnsville Performing Arts Center (BPAC) was in the design phase discussions took place regarding the
Burnsville Convention and Visitors Bureau (BCVB) leasing space in the facility. Design plans incorporated space
for that purpose. Prior to the opening of the facility the discussions ended with the BCVB electing to remain in
their current space.
In May, 2010, the BCVB approached staff inquiring if it might still be possible to lease space at the BPAC. BCVB
staff informed city staff that this inquiry was part of their due diligence as the BCVB lease was up for renewal or
termination by October 31, 2010. Staff met with BCVB staff, toured the facility, and discussed the BCVB space
needs. A proposal was drafted for their consideration.
In September BCVB informed staff that they wished to lease the discussed space. Final discussion took place to
draft an agreement. The details of the lease are as follows:
•
•
•
•
•
•
•
Lease rate: $16.00 per square feet for office space and shared space.
Lease term: Three years with an option to extend the lease for two years exists at $15.00 per square feet.
Telephone, computer, & network support will be supplied at a monthly rate.
BCVB will be able to utilize the multi function device (copier, printer, scanner, and fax) billable on a
monthly usage basis.
BCVB will be supplied signage on the BPAC glass doors and on their suite sidelight.
The BCVB will be allowed to have messages on the BPAC scrolling sign based on availability.
Additional storage space will be supplied in the storage room of City Hall.
Staff recommends approval of the lease.
ISSUES
A copy of the lease agreement is on file in the Clerk’s office for review.
/SN

BURNSVILLE CITY COUNCIL

Transcription

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