BURNSVILLE CITY COUNCIL
FINAL AGENDA - REGULAR MEETING
TUESDAY, OCTOBER 7, 2008 - 7:00 p.m.
BURNSVILLE CITY HALL
100 CIVIC CENTER PARKWAY
Mayor
Councilmembers
7:00 p.m.
Elizabeth Kautz
Charlie Crichton
Dan Gustafson
Dan Kealey
Liz Workman
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.
Announcements and Proclamations
• Manufacturing & Technology Week Proclamation
• Toastmasters Month Proclamation
• National Arts and Humanities Month Proclamation
• Fire Prevention Week Proclamation
2.
Citizen Comments
3.
Additions to the Final Agenda
CONSENT AGENDA
Approximate time:
7:15 p.m.
4A.
Consider Approval of Minutes.
B.
Consider Approval of Claims Listing.
C.
Consider Approving Payment of League of Minnesota Cities Membership Dues.
D.
Consider Approval of Election Judges for the General Election – November 4, 2008.
E.
Consider Authorizing Improvements and Ordering Advertisement for Bids for Replacing
the Athletic Field Lighting Fixtures in Lac Lavon Park (08-406).
F.
Consider Resolution Revising Preliminary Report for Judicial Road and 155th Street
Roadway Improvements (09-103).
G.
Consider Resolutions (2) Concurring with MnDOT for Cost Participation, Power, and
Maintenance for the Replacement of the Signals at T.H. 13 at East River Hills Drive and
T.H. 13at Diffley Road/Cedarbridge Avenue.
H.
Consider Awarding Snow Removal Services for 2008-2009, 2009-2010, and 2010-2011
Winter Seasons.
I.
Consider Approving Communications Site Lease Agreement with TTM Operating
Corporation, Inc. for the Fire Station No. 2 Monopole.
J.
Consider Approving Communications Site Lease Agreement
Communications, LLC for the Buck Hill Water Tower/Antenna site.
K.
Consider An Ordinance Amending Title 6, Chapter 10, Section 4, Restricting the Parking
of Trailers and Camping Vehicles on Residential Lots
L.
Consider Adopting a Policy Addressing Encroachments Onto City Property.
with
CitiLink
Final Agenda
October 7, 2008
2
REGULAR AGENDA
7:20 p.m.
5.
Consider Staff Recommendation Regarding City Code Title 6, Chapter 10 Concerning the
Keeping of Chickens in Residential Zoned Areas.
7:35 p.m.
6.
Public Hearing – Consider Resolution Approving the Issuance by the Burnsville Economic
Development Authority of Revenue Obligations under Minnesota Statutes, Chapter 462C,
to Finance a Portion of a Multifamily Housing Development for Seniors; Approving a
Related Housing Program; Approving the Issuance by Certain Other Issuers of Revenue
Obligations to Finance the Multifamily Housing Development; and Approving a
Cooperation Agreement and Certain Actions Related to the Foregoing.
7:45 p.m.
7.
Public Hearing - Consider Approval of an On-Sale/Sunday On-Sale Liquor License for
Timber Lodge Steakhouse Acquisitions, LLC d.b.a. Timber Lodge Steakhouse at 13050
Aldrich Ave. S.
7:50 p.m.
8.
Public Hearing – Consider Resolution vacating a portion of the Drainage and Utility
Easement located within Lot 34, Block 2, RIVER HILLS FIFTH ADDITION.
7:55 p.m.
9.
Miscellaneous.
10.
Adjournment.
“The City of Burnsville does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual preference, disability
or any other basis protected by law in the admission or access to, or treatment or employment in, its programs, activities, or services.”
To obtain this information in alternative forms such as Braille, large print, audio tape or qualified readers, please contact the City of
Burnsville. Telephone (952) 895-4490; TDD: (952) 895-4567.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Council Meetings:
Meeting Date
Item Number
10/07/2008
1
Tues., October 21, 7:00 p.m.
Mon., November 3, 7:00 p.m.
(moved to Monday due to Election Day)
Worksession Meeting:
Tues., October 14, 6:30 p.m.
Governance Meeting:
CANCELLED - Tues, October 28
•
•
•
•
Manufacturing & Technology Week Proclamation
Toastmasters Month Proclamation
National Arts and Humanities Month Proclamation
Fire Prevention Week Proclamation
`
PROCLAMATION
MINNESOTA AND BURNSVILLE
MANUFACTURING & TECHNOLOGY WEEK
WHEREAS: The manufacturing and technology industry is a dynamic part of Minnesota’s
prosperous economy, and promotion of this sector’s strength, success and high
quality of life is an integral part of Minnesota’s economic development strategy; and
WHEREAS: Manufacturing and technology provide high skill, high wage jobs which significantly
contribute to Minnesota’s high standard of living and economic vitality; and
WHEREAS: Manufacturing and technology has the largest total payroll of any business sector in
Minnesota, 17.9 percent of the overall wages in Minnesota; and
WHEREAS: Manufacturing and technology produces $34.1 billion for the state economy and is
the largest share, 16.0 percent of our gross state product; and
WHEREAS: Manufacturing and technology exports brought over $15.2 billion into the Minnesota
economy in 2006; and
WHEREAS: The City of Burnsville ranks eleventh in the State for number of manufacturing &
technology firms; and
WHEREAS: The City of Burnsville takes great pride in its 170 manufacturing and technology
companies and their contributions to our community; and
WHEREAS: The City of Burnsville and Burnsville Chamber of Commerce will honor its
manufacturing and technology firms at the October 21st Chamber luncheon and
program, and
WHEREAS: Tim Pawlenty, Governor of Minnesota, has proclaimed the week of October 20 -24,
2008 as Minnesota Manufacturer’s week.
NOW, THEREFORE, I, Elizabeth B. Kautz, on behalf of the City Council do hereby proclaim
October 20 through October 24, 2008 to be
MINNESOTA AND BURNSVILLE
MANUFACTURING & TECHNOLOGY WEEK
PROCLAIMED this 7th day of October, 2008
Elizabeth B. Kautz, Mayor
PROCLAMATION
TOASTMASTERS MONTH
WHEREAS, the vision of the Toastmasters International organization is to empower
people to achieve their full potential and realize their dreams; and
WHEREAS, Toastmasters International is the world’s leading organization devoted to
communication, public speaking and leadership skills and has over 211,000 members in 90
countries, and
WHEREAS, Since the Toastmasters organization began in l924, more than three million
men and women have benefited from its communication and leadership programs; and
WHEREAS, Members of Toastmasters benefit from improved communication skills,
constructive evaluations, better meeting facilitation skills, leadership skills, and increased selfconfidence as an added dividend; and
WHEREAS, The mission of the Nicollet Speech Builders Toastmasters, an official club of
Toastmasters International, Burnsville, Minnesota is to provide a mutually supportive and positive
learning environment in which every member has the opportunity to develop communication and
leadership skills, which in turn foster self-confidence and personal growth;
NOW, THEREFORE, I, Elizabeth Kautz, Mayor, City of Burnsville, do hereby proclaim
October 2008, as
TOASTMASTERS MONTH
In the city of Burnsville, Minnesota and recognize the Nicollet Speech Builders Toastmasters
Burnsville, Minnesota for their commitment to the Toastmasters goals and objectives.
Proclaimed this 7th day of October, 2008.
Elizabeth B. Kautz, Mayor
PROCLAMATION
National Arts and Humanities Month
WHEREAS, the arts and humanities enhance and enrich the lives of all Americans; and
WHEREAS, the arts and humanities affect every aspect of life in America today including the
economy, social problem solving, job creation, education, creativity, and community
livability; and
WHEREAS, cities and states – through their local and state arts agencies and representing
thousands of cultural organizations –have celebrated the value and importance of
culture in the lives of Americans and the health of thriving communities during
National Arts and Humanities Month for several years; and
WHEREAS, the United States Conference of Mayors has actively participated in National Arts
and Humanities Month since 1984; and
WHEREAS, the United States Conference of Mayors’ national arts partner, Americans for the
Arts, will again coordinate this year a national awareness campaign of activities for
National Arts and Humanities Month; and
WHEREAS, the nation's 40,000 cultural organizations, the National Endowment for the Arts, the
National Endowment for the Humanities, the nation's 5,000 local arts agencies, the
arts and humanities councils of the 50 states and U.S. jurisdictions, and the
President of the United States have participated in the past and will be asked to
participate again this year in this national celebration; and
NOW THEREFORE, I, Elizabeth B. Kautz, Mayor, on behalf of the City Council, do hereby
proclaim the month of October 2008 to be
National Arts and Humanities Month
Proclaimed this 7th day of October, 2008.
Elizabeth B. Kautz, Mayor
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 the
locations where people are at greatest risk from fire; and
WHEREAS, the leading cause of home fires are cooking, smoking, heating, electrical equipment
and candles; and
WHEREAS, in 2007, U.S. fire departments responded to almost 400,000 home structure fires,
resulting in 2,865 civilian deaths and $6.8 billion in damage.
WHEREAS, 65% of reported home fire deaths occurred in homes with either no smoke alarms or
no working smoke alarms; and
WHEREAS, Burnsville’s Fire Department is dedicated to reducing the occurrence of home fires
and home fire injuries through prevention and protection education; and
WHEREAS, Burnsville’s residents are responsive to public education measures and are able to take
personal steps to increase their safety from fire; and
WHEREAS, the 2008 Fire Prevention Week theme, “Prevent Home Fires”, effectively serves to
remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week
and year around;
NOW THEREFORE, I, Elizabeth B. Kautz, Mayor, on behalf of the City Council, do hereby
proclaim the week of October 5-11, 2008 to be
FIRE PREVENTION WEEK
Proclaimed this 7th day of October, 2008.
Elizabeth B. Kautz, Mayor
CITY OF BURNSVILLE
Regular Meeting Minutes
September 16, 2008
The City Council of the City of Burnsville met in regular session at the Burnsville City Hall, 100 Civic
Center Parkway, Burnsville, Minnesota on the 16th day of September, 2008.
The meeting was called to order by Mayor Kautz at 7:00 p.m.
The Pledge of Allegiance was preceded by a moment of silence.
Present:
Absent:
1.
Crichton, Gustafson, Kautz, Kealey, Workman
None
Announcements and Proclamations.
Council Meetings:
Tues., October 7, 7:00 p.m.
Tues., October 21, 7:00 p.m.
Worksession Meeting: Tues., October 14, 6:30 p.m.
Governance Meeting: CANCELLED - Tues, September 23
• Family Day Proclamation
2.
Citizen Comments.
The following person(s) appeared before the Council:
Stefan Remund, 13200 Myrtle Drive
Warren Hartwell, 11517 So. 23rd Avenue
3.
Additions to the Final Agenda.
Motion by Crichton, seconded by Gustafson, to add an emergency item to the Final Agenda to consider three
resolutions approving premises permits for Burnsville Hockey Club. Ayes – Crichton, Gustafson, Kautz,
Kealey, Workman. Nays – None. Motion carried.
CONSENT AGENDA
Councilmember Kealey requested that Item 4F (Pedestrian Crossing Policy) be removed from the Consent
Agenda for discussion.
Mayor Kautz requested that Item 4D (Resolution to Support the Inver Hills Community College/Park
Nicollet/Fairview Ridges Hospital Minnesota Job Skills Partnership Grant Application) be removed from the
Consent Agenda for discussion.
Motion by Kealey, seconded by Workman, that the following Consent Agenda items (listed as A–I,
excepting D and F) be approved as presented. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays
– None. Motion carried.
COUNCIL MINUTES
Regular Meeting
September 16, 2008
2
CONSENT AGENDA (continued)
4A.
Consider Approval of Minutes.
Approved the City Council minutes of September 2, 2008, Special Council meeting minutes of
September 8 and September 10, 2008, Worksession minutes of September 8, 2008 and Special
Worksession minutes of August 26, 2008 as submitted.
4B.
Consider Approval of Claims Listing.
Approved the listing of claims in the submitted amount of $3,751,495.00.
4C.
Consider Approval of Supplemental Agreement #6 for the Burnsville Performing Arts Center.
Approved Supplemental Agreement #6 with Lund Martin Construction Inc. in the amount of
$18,233.
D-08-65
4D.
Item removed for discussion.
4E.
Consider Approving Amendment No. 3 to the Communications Site Lease Agreement between the
City of Burnsville and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless for the Colonial Hills
Water Tower/Antenna Site.
Approved Amendment No. 3 to the Communications Site Lease Agreement with Verizon Wireless
for the Colonial Hills water tower/antenna site.
D-08-66
4F.
Item removed for discussion.
4G.
Consider Authorizing a Consultant Surveying Firm to Survey and Plat the Cliff Road/River Ridge
Boulevard City Property.
Authorized staff to utilize a consultant surveying firm to survey and plat a city owned parcel at Cliff
Road/River Ridge Boulevard in the amount of $40,600.
4H.
Consider Approval to Purchase Three Physio Control Lifepak 12 Heart Monitors/Defibrillators for
the Fire Department.
Approved a purchase of three (3) Lifepak 12 heart monitor/defibrillators from Physio Control in the
amount of $46,529.78.
3
COUNCIL MINUTES
Regular Meeting
September 16, 2008
CONSENT AGENDA (continued)
4I.
Consider Authorizing Legislative-Citizen Commission on Minnesota Resources LCCMR) Grant
Application for Study of Waste to Energy Concepts.
Adopted the following resolution, which will become part of the official records:
RESOLUTION NO. 08-5715
RESOLUTION AUTHORIZING THE SUBMITTAL OF A LEGISLATIVE-CITIZEN
COMMISSION ON MINNESOTA RESOURCES (LCCMR) GRANT APPLICATION
ITEM(S) REMOVED FROM CONSENT AGENDA
4D.
Consider Resolution to Support the Inver Hills Community College/Park Nicollet/Fairview Ridges
Hospital Minnesota Job Skills Partnership Grant Application.
Motion by Kealey, seconded by Gustafson, to adopt the following resolution, which will become part of the
official records:
RESOLUTION NO. 08-5716
RESOLUTION TO SUPPORT THE INVER HILLS COMMUNITY COLLGE/
PARK NICOLLET/ FAIRVIEW RIDGES HOSPITAL MINNESOTA
JOB SKILLS PARTNERSHIP GRANT APPLICATION
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion carried.
4F.
Consider Adopting a Pedestrian Crossing Policy.
Motion by Kealey, seconded by Crichton, to adopt Policy No. 5.090 – Pedestrian Crossing Policy as
submitted. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion carried.
REGULAR AGENDA
5.
Consider Ordinance Relating to the Regulation of Outdoor Burners/Furnaces.
The following person(s) appeared before the Council:
Julie Mellum, Dave Huss, and Marty Olink, Clean Air Revival
Chris Giles, 3511 Williams Drive
Motion by Kealey, seconded by Gustafson, to table the Ordinance regarding outdoor wood burners to a
future Council meeting. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion
carried.
6.
Consider Approval for Joint 2010 Burnsville/Lakeville Ice Center Operations Agreement.
Motion by Kealey, seconded by Crichton, to approve the Burnsville/Lakeville Ice Center Operations
Agreement. Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion carried.
D-08-67
4
COUNCIL MINUTES
Regular Meeting
September 16, 2008
7.
Consider Ordinance Relating Amending City Code 1-5-11 Council Salaries.
Motion by Kealey, seconded by Crichton, to adopt an Ordinance that will be published in the legal
newspaper and become part of the official records:
ORDINANCE NO. 1135
AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 11 OF THE BURNSVILLE CITY
CODE, ESTABLISHING THE SALARIES OF THE MAYOR AND CITY COUNCILMEMBERS
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion carried.
8.
Miscellaneous.
Motion by Workman, seconded by Gustafson, to adopt the following resolutions (3), which will become part
of the official records:
RESOLUTION NO. 08-5717
RESOLUTION APPROVING A PREMISES PERMIT FOR THE BURNSVILLE
HOCKEY CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS
CHAMPP’S AMERICANA OF BURNSVILLE
RESOLUTION NO. 08-5718
RESOLUTION APPROVING A PREMISES PERMIT FOR THE BURNSVILLE
HOCKEY CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS
BURNSVILLE BOWL
RESOLUTION NO. 08-5719
RESOLUTION APPROVING A PREMISES PERMIT FOR THE BURNSVILLE
HOCKEY CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS
NINA’S GRILL
Poll of Votes: Ayes – Crichton, Gustafson, Kautz, Kealey, Workman. Nays – None. Motion carried.
9.
Adjournment.
Motion by Kealey, seconded by Workman, to adjourn the meeting at 8:21 p.m. Ayes – Gustafson, Kautz,
Kealey, Workman. Nays – Crichton. Motion carried.
______________________________________
Macheal Brooks, Deputy City Clerk
Approved by the City Council of the City of Burnsville this 7th day of October, 2008.
_______________________________________
Elizabeth B. Kautz, Mayor
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X___ Required by Law
Meeting Date 10/7/08
Item number
consent 4B
_____ Clarification/Revision of Past Policy
______ Present Policy
_____ Previous Council Action ______ Council Theme
Housekeeping
ITEM
Consider Approval of Claims Listing.
POLICY DECISION/ACTION TO BE CONSIDERED
It is recommended that the Council approve the Claims listing in the amount of $9,411,973.86.
ATTACHMENTS
Claims Listing
hb/eb
______
CITY COUNCIL
Claims Listing
Council Meeting: 10/7/08
Claims Period: 9/12-10/2/08
Check / Wire
Date
CLAIMS PAID
09/11/08
09/12/08
09/12/08
09/12/08
09/12/08
09/16/08
09/17/08
09/18/08
09/18/08
09/19/08
09/19/08
09/19/08
09/19/08
09/19/08
09/22/08
09/22/08
09/22/08
09/22/08
09/23/08
09/23/08
09/24/08
09/25/08
09/26/08
09/26/08
09/26/08
09/26/08
09/26/08
09/29/08
09/30/08
09/30/08
10/1/2008
10/2/2008
$
Total Claims
5,618.53 **
64,475.13
1,178,313.55
5981.21
127,958.80
56,780.40
35.92
2,578.59
10.00
70,472.30
3,625,959.31
200.00
473.19
2,672.64
163,333.21
17,570.00
8,766.92
1,893.37
35,045.51
225.90
743.18
5,159.72
210,142.00
(377.20)
3,107,923.65
133,687.19
50,771.74
(144.00)
213.50
1,528.90
(18.25)
6,566.01
$ 8,884,560.92
PAYROLL
September 19, 2008
Gross Payroll
Employee Deductions
Net payroll
TOTAL CLAIMS AND PAYROLL
$ 889,482.49
(362,069.55)
$
527,412.94
$ 9,411,973.86
INVESTMENT PURCHASES
TOTAL INVESTMENTS
$
TOTAL CLAIMS REPORT
$ 9,411,973.86
Submitted by
Kelly Strey, Financial Accounting Director
* Claims detail available in the office of the CFO.
-
*
** Item from previous claims list on previously reported
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
10/07/2008
4C
______ Present Policy
___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 2008//2009.
POLICY DECISION/ACTION TO BE CONSIDERED
Authorize the payment of the League of Minnesota Cities membership dues in the amount of $25,827.
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 $25,827. This is increase of $968 from last year. The fees are based on an
invoice schedule for cities with populations between 50,000 and 299,999 at $19,540 plus 10.24 cents per capita for
the 2009 fiscal year, effective September 2008.
/MLB
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
_____ Previous Council Action
______ Council Theme
10/07/2008
4D
___X__ Required by Law
______ Housekeeping
ITEM
Consider Approval of Election Judges for the General Election – November 4, 2008.
POLICY DECISION/ACTION TO BE CONSIDERED
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 4, 2008.
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
LIST OF JUDGES FOR COUNCIL APPROVAL
GENERAL ELECTION – NOVEMBER 4, 2008
Achterkirch, Mary
Adams, Bruce
Alander, Robert
Alsip, James
Alsip, Shirley
Anderson, Kenneth
Anderson, Patience
Anderson, Patricia
Anderson, Tom
Anderson, Richard
Arison, John
Augdahl, Kathleen
Augdahl, Richard
Aune, Arlene
Aune, Richard
Ballinger, Kenneth
Batt, James
Barnard, Tom
Bastian, Susan
Beckel, Peter
Benson, Phyllis
Bergerson, Pauline
Berquist, Jean Marie
Bergstrom, Karen
Besser, Joyce
Blofield, Dianne
Blofield, Ken
Boles, Susan
Bolt, Joyce
Boodoo, Roopnarine
Brady, Janice
Brickweg, Robert
Brown, Teresa
Buck, Marcy
Bucklin, Mary Ann
Burkhardt, Sheryl
Bushlack, David
Bushlack, Margaret
Carlson, Kathleen
Claude, James
Cookas, Katherine
Craddock, Jean
Dagsgard, Sharon
Davis, Pearl
Dennis, Elizabeth
Dennis, Roy
Dicklich, Mildred
Dickson, Mary
Didde, Sally
Dieruf, Marty
Dieseth, Susan
Doebel, Kathleen
Doherty, Dana
Donofrio, Marge
Donofrio, Tony
Drews, Marie
Druhl, Daisy
Dunning, Connie
Durand, Carol
Durry, Susan
Ellsworth, Dick
Engelhard, Virginia
Falk, Ann
Feldman, Bernadine
Finan, Lois
Flater, Karrie
Fulkerson, Melvin
Garbe, John
Garbe, Donna
Geary, Rod
Gilbertson, Danny
Gilbertsen, Ralph
Goehring, Larry
Goulet, Maryann
Graham, William
Greeman, Carol
Greenwood, Barbara
Grimaldi, Ilene
Grundhofer, Evelyn
Gullord, Anna
Gustafson, Kathy
Hagen, Betty J.
Hansen, Lloyd
Hanson, Jo
Haugen, Bob
Haugen, Clare
Haugen, Joanne
Havlik, Joy
Hawkinson, Shari
Hayes, James
Hayes, Colleen
Heltsey, Mary
Henry, Graham
Henry, Theresa
Hoeschen, Ginny
Hoeschen, Richard
Holland, Randy
Horter, Barbara
Hubel, Robert
Huberty, Joanna
Huntsman, Steve
Ingram, Brenda
Jacobson, Laurel
Jaros, John
Jensen, Doris
Jershe, Frank
John, Christopher
Johnson, Jane
Johnson, Kathryn (Kitty)
Johnson, LuAnn
Johnson, Marilyn
Johnson, Marjorie
Johnson, Twyla
Johnson, Barbara
Jordan, Joyce
Kappes, Denise
Kinamon, Deana
King, Dawn
Koch, Walter
Kohler, George
Koplin, Joanne
Kramer, Gloria J.
Kratz, Tom
Kuznik, Jerome
Labounty, Arlene
LaChapelle, Denice Marie
Lambert, Joan
Lang, Bill
Lang, Gerri
Lang, Suzanne
Lari, Adeel Z.
Larson, Mary Jayne
Leibbrand, Jeanette
Leland, Margaret
Lenfestey, Beverly
LeRoux, Denine
LeRoy, Richard
Lindquist, Judith
Lloyd, Pamela
Lotterhos, Janice
MacDonald, Betsy
MacDonald, Roy
Mack, Connie
Maes III, Richard
Malsom, Patricia
Marin, Celeste
Matychuk, Gretchen
McCarthy, Margaret
McCoy, Tom
Menke, Mary
Meyer, Janice
Meyers, Gary
Miller, James
Mitchell, Carolyn (Jeni)
Moran, Thomas
Nachman, Len
Nachman, Mimi
Narveson, Larry
Neff, Charles
Nelson, Linda
Neuville, Richard
Nielsen, Jeffrey
Nordskog, Geraldine A.
Normand, Jonathan
Oaster, Mary
O'Denius, David
O'Denius, Nancy
Olinger, Carol
Oleary, Lisa
Oleary, Amilee
Olinger, Catherine
Paradis, Linda
Pederson, Jean
Pederson, Roland
Peters, Pat
Peterson, Janet
Peterson, Kenneth
Potter, Carl
Procaccini, Robert
Raddatz, Minnie
Radtke, Diane
Rathmanner, Sherry
Reinhardt, Nadine
Rewalt, Andrea
Rhodes, Betty
Roberts, Barbara
Roberts, William
Roe, Margaret
Roehrick, Patricia
Rolling, Shirley
Root, Lisa
Ross, James
Ross, Judith
Ross, Nancy
Rothfork, Elinor
Roy, Vicki
Sanisidro, Rachel
Sarkinen, Mary Ann
Schaefer, Addie
Scheelk, Don
Scheelk, Lois
Schiltz, Rosalie
Schlukebier, Matthew
Schofield, Elizabeth
Schwantes, George
Schwartz, Anne
Shelstad, Manfred
Shoop, Rebecca
Snyder, Ronald
Sonner, Marsha
Spangler, James
Stierma, Bev
Strand, Angela
Studer, Miriam
Swisher, Mary
Syrstad, Valentina
Tetreault, Michelle
Thalhuber, Liz
Thiele, Mary Sandra
Thompson, Elizabeth (Buzz)
Thompson, Martin
Thoni, Lee
Thornby, Sandra
Tuff, Peter
Vaillancourt, Lynn
Vassbotn, Lois
Velasco, Susan
Voas, Dwaine
Voas, Vadis
Voll, Corita
Voll, Donald
Voracek, Marlene
Walker, Cheryl
Wallace, John
Warholm, Diane
Whittemore, Ann
Wild, Lajean
Willasson, Sally
Wilson, Warren
Winker, Marie
Witt, Roberta
Wolf, Rebecca
Yates, Patricia
Zimmerman, Barbara
Zytkovicz, Mike
Corniea, Eileen
Ernst, Duane
Anderson, Dorothy
Kuehnel, Joni
Hudgins, Diane
Potter, Joy
Barnard, Anna
Davey, Richard
Barton, John
Karen Amundson
STUDENT JUDGES
Abbey, Francisca Accad, Stephanie
Ajax, Scott Allen, Alexander
Allison, Laurel
Anderson, Wes Ashley, Nathan Ault, Margaret
Babcock, Corey Backes, Darby
Baksh, Alisa Bane, Ashley
Baxter, Edward Benick, Emilie
Bocklund, Erika Bocklund, Kelsey Bogenschutz, Laura
Bogonko, Charlene
Brown, Rebekah
Butler, Lauren
Bye, Kevin Campos, Johnny
Chiev, Stephen Clark, Michael Cloutier, Alexandria
Cole, Alexander
Cole, Kelly
Colin, Crystal
Connelly, Joseph
Dahl, Jacob
Dexter, Kelly Dunsworth, Maleesa
Ehlers, Lauren
Engstrom, Jessica
Ewers, Kathryn
Farhat, Lara
Figueroa, Zachary Flickinger, Allison
Grothem, Andrew Gruber, Molly
Gubash, Kathryn
Gudim, Rebekah Gulden, Andrhea
Haas, Christian
Hanson, Tyler
Harrod, Karlyn
Hett, Erica Marie Hinz, Charles Huhnerkoch, Gretchen Hutsal, Nazar Jacobs, Ingrid Jensen, Travis Johnson, Cassie
Johnson, Hannah Jones, Danielle Kennealy, Joseph
Kessler, Andrew Key, William
Kim, Anna Klebenow, Elizabeth
Lacount, Rachel
Lane, Joseph Lean, Meng
Lee, Marissa
Locke, Thomas
Luhring, Larissa
Martin, Emma
Mattos, Elizabeth Milne, Dustin
Mortensen, Michael
Nadon, Anna Marie Narvesen, Andrew
Nguyen, Kimthoa Nguyen, Steven O’Connor, Zachary
Oatley, Alison
Okan, Harrison
Paine, Lily
Palmquist, Abigail
Peterson, Natalie Pfaff, Jodine
Prairie, Molly Pricco, Brian Quien, Michael
Rausch, Matthew Reimers, Jacob
Richards, Jared
Richardson, Ashley
Rogers, Patrick
Samb, Natalie Sanei, Amin
Santa, Tyler
Schneider, Nicholas Seering, Aaron
Seymour, Brandia Simon, Bradley
Singh, Mohanie
Smith, Sarah
Stover, Jessica
Strand, Kyle Stratman, Shannon Swanson, Christina
Thell, Katie Tinder, Matthew
Trupe, Alex
Valenty, Erika Vandenboom, Thomas
Walker, Matthew
Waller, Avril
Wells, Justine
Wenc, Alivia
Wical, Daniel Wiegand, Matthew
Wilson, Jessica
Winder, Alyse Woodruff, Luke Zenebe, Yosef Znameroski, Peter
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date
Item number
____ Clarification/Revision of Past Policy
__X_ Required by Law _____ Previous Council Action ______ Council Theme
10/07/2008
4E
______ Present Policy
______ Housekeeping
ITEM
Consider Authorizing Improvements and Ordering Advertisement for Bids for Replacing the Athletic Field
Lighting Fixtures in Lac Lavon Park. (08-406).
POLICY DECISION/ACTION TO BE CONSIDERED
Authorize improvements, approve staff moving forward with developing plans and specifications, and advertising
for bids for the Lac Lavon athletic field lighting fixture replacement.
FACTS
The 2008 / 2009 Parks Capital Improvement Program contains $415,400 for lighting system replacement
/improvements to the six softball fields at Lac Lavon Park. The current lighting system was installed in 1984.
Because of the age and condition of the current light fixtures, staff is experiencing numerous issues with them
failing. This past summer sections of the lights would turn off at inopportune times during games. This created
inconvenient or even dangerous situations. New light fixtures are needed to replace the old worn out system.
The new lighting fixtures will also be much more energy efficient and reduce spillage of light into the nearby
neighborhoods.
Staff is recommending that the City Council authorize this project. If Council approves moving forward, work on
this project would began as early as this fall and will be completed in time for the start of the 2009 softball season.
ISSUES
Staff is not aware of any issues related to this matter.
jen
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
X
Meeting Date
Item number
10/07/2008
4F
______ New Policy ______ Clarification/Revision of Past Policy ______ Present Policy
Required by Law
_____ Previous Council Action ______ Council Theme _____ Housekeeping
ITEM
Consider Resolution Revising Preliminary Report for Judicial Road and 155th Street Roadway Improvements
(09-103).
POLICY DECISION/ACTION TO BE CONSIDERED
Approve Resolution revising the Preliminary Report for the above mentioned projects.
FACTS
•
•
•
•
•
•
December 2006 – Council orders preparation of a preliminary report for Judicial Road and 155th Street.
May 2007 – At a public hearing Council orders a roadway improvement project on Judicial Road from
Woods Trail South to Valley View Drive. The remaining portion of Judicial Road and 155th Street
were to be constructed in 2009.
Special assessments were proposed to be part of the funding of these improvements according to the
City’s street improvement policy. This item is a requirement of the Minnesota Statute 429 process to
complete public improvements with special assessments as part of the project funding.
No sanitary sewer or watermain exist in these roadways.
A watermain expansion project near County Road 5 and 150th Street necessary to deliver more water
flow to the southwest area was identified in the preliminary report and is proposed with this project as
well.
The above projects are identified in the Capital Improvements Plan for 2009.
DISCUSSION
Judicial Road and 155th Street in this area are still rural meaning there is no curb and gutter, but have ditches to
route stormwater runoff and store snow. These roadways are in disrepair and are due for roadway
improvements. Areas of bituminous curbing may be added to improve drainage and curve modifications may
be proposed to make the roadway safer, but the roadway will generally be constructed back the way it exists
now with a new driving surface. No sanitary sewer and watermain are proposed to be installed in Judicial Road
and 155th Street at this time. A petition would have to be received in order for utilities to be considered with
this project per the public improvement policy in southwest Burnsville.
RECOMMENDATION
City staff recommends approval of the resolution revising the preliminary report for Judicial Road and 155th
Street Roadway Improvements.
Attachments
Judicial Road/155th St Preliminary Report Exhibit
Resolution
RDP
G:\AGENDA\Engineering\2008\10-07\4F - Judicial Road 155th Report Revised 100708.doc
D
IC
IAL
R
JU
D
PROPOSED WATERMAIN
EXPANSION
150TH ST W
URBAN STREET
IMPROVEMENTS
IN 2007
PROPOSED ROADWAY
IMPROVEMENTS
R
CORD 5
D
IEW
EY V
L
L
A
V
JUDIC
D
IAL R
TW
HS
T
5
15
CITY OF BURNSVILLE
CITY OF LAKEVILLE
City of Burnsville
100 Civic Center Parkway
Burnsville, MN 55337
(952) 895-4400
JUDICIAL ROAD/155TH STREET
PRELIMINARY REPORT EXHIBIT
RESOLUTION NO. 08CITY OF BURNSVILLE, MINNESOTA
REVISING PRELIMINARY REPORT FOR JUDICIAL ROAD
AND 155TH STREET ROADWAY IMPROVEMENTS
CITY PROJECT 09-103
WHEREAS, it is proposed to improve:
Judicial Road from Valley View Drive south to the Corporate Limits and 155th
Street West from Judicial Road to CSAH 5
and assess the abutting property for all or a portion of the cost of the improvement, pursuant to
M.S.A. Sec 429.011 to 429.111;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Burnsville, that the
proposed improvement be referred to the City Engineer for study and that the City Engineer be
instructed to report to the Council with all convenient speed, advise the Council in a preliminary
way as to whether the proposed improvement is feasible and as to whether it should best be made
as proposed or in conjunction with some other improvement, and the estimated cost of the
improvement as recommended.
Passed and duly adopted by the City Council of the City of Burnsville, Minnesota this 7th day of
October, 2008.
______________________________________
Elizabeth B. Kautz, Mayor
ATTEST:
______________________________________
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
10/07/2008
4G
______ Present Policy
_____ Previous Council Action ______ Council Theme
______ Housekeeping
ITEM
Consider Resolutions (2) Concurring with Mn/DOT for cost Participation, Power and Maintenance for the
Replacement of the Signals at T.H. 13 @ E. River Hills Drive and T.H. 13 @ Diffley Road/Cedarbridge Avenue.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve resolutions concurring with Mn/DOT for cost participation, power and maintenance for the above
mentioned signals.
FACTS
The Minnesota Department of Transportation (Mn/DOT) has contacted the City requesting concurrence in the cost
participation for the traffic control signal project at the location mentioned. It is anticipate a bid letting date of July
2009. In order to proceed with the project development process, Mn/DOT needs our concurrence regarding project
support, cost participation, power and maintenance to enable this project to proceed.
Mn/DOT will remove the existing traffic control signal and install new traffic control signals with street lighting,
emergency vehicle preemption, interconnect and signing.
The cost percentages are based on the percentage of legs controlled by each roadway authority per current
Mn/DOT cost participation policy.
T.H. #13 / Diffley Road /Cedarbridge
Agency
Estimated %
Mn/DOT
50%
Dakota County
25%
City of Burnsville
25%
TOTAL
Agency
Mn/DOT
City of Burnsville
TOTAL
T.H. #13 / River Hills Drive
Estimated %
50%
50%
Estimated Share
$135,000
$67,500
$67,500
$270,000
Estimated Share
$135,000
$135,000
$270,000
Mn/DOT assumes the cost responsibilities for design. The total amounts include all construction costs. The City
has included this project in our 2010 CIP, which is to be funded by MSA.
Approval of the cost participation for the traffic signals system at the above mentioned intersections are
recommended.
ATTACHMENTS
Resolution
Bb
RESOLUTION NO. 08CITY OF BURNSVILLE, MINNESOTA
APPROVING COST PARTICIPATION WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION (Mn/DOT) FOR SIGNAL IMPROVEMENT
AT TRUNK HIGHWAY 13/ CEDARBRIDGE/DIFFLEY ROAD
WHEREAS, Mn/DOT has requested preliminary approval of the replacement of the
traffic control system Trunk Highway 13 and Cedarbridge Drive/Diffley Road:
WHEREAS, Mn/DOT has further requested concurrence and partnership in the cost
participation for the signal rebuild project; and
WHEREAS, Mn/DOT will remove the control signal and install a new traffic control
signal with street lights, emergency vehicle preemption, interconnect and signing on; and
WHEREAS, Mn/DOT has estimated the cost of the replacement at $270,000 and the
City’s share is estimated at $67,500 which is based on the percentage of legs controlled by the
agency; and
BE IT RESOLVED, that the City of Burnsville will be requesting that their funding
share come from Municipal State Aid (MSA) funds.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorizing
support for the project, partnership and cost participation in the rebuilding of the traffic control
signals at Trunk Highway 13 /Cedarbridge Drive/Diffley Road.
Passed and duly adopted this 7th day of October, 2008, by the City Council of the City of
Burnsville.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
RESOLUTION NO. 08CITY OF BURNSVILLE, MINNESOTA
APPROVING COST PARTICIPATION WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION (Mn/DOT) FOR SIGNAL IMPROVEMENT
AT TRUNK HIGHWAY 13 @ RIVER HILLS DRIVE
WHEREAS, Mn/DOT has requested preliminary approval of the replacement of the
traffic control system Trunk Highway 13 and River Hills Drive:
WHEREAS, Mn/DOT has further requested concurrence and partnership in the cost
participation for the signal rebuild project; and
WHEREAS, Mn/DOT will remove the control signal and install a new traffic control
signal with street lights, emergency vehicle preemption, interconnect and signing on; and
WHEREAS, Mn/DOT has estimated the cost of the replacement at $270,000 and the
City’s share is estimated at $135,000 which is based on the percentage of legs controlled by the
agency; and
BE IT RESOLVED, that the City of Burnsville will be requesting that their funding
share come from Municipal State Aid (MSA) funds.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorizing
support for the project, partnership and cost participation in the rebuilding of the traffic control
signals at Trunk Highway 13 @ River Hills Drive.
Passed and duly adopted this 7th day of October, 2008, by the City Council of the City of
Burnsville.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
X Required by Law
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
10/07/2008
4H
______ Present Policy
_____ Previous Council Action ______ Council Theme ______ Housekeeping
ITEM
Consider Award of Bid for Snow Removal Services Contract.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve awarding the snow removal services contract for 2008-09, 2009-10, and 2010-11 to Ames
Construction for an amount of $109,191.00.
FACTS
The City contracts out snow removal of significant snow events for five of the City’s sixteen snowplow routes
or approximately 30%.The area includes all city roads south of County Road 42, the West Preserve, Sunset
Lake developments and the commercial area north of the Burnsville Mall. The City has contracted out these
services for 25 years. Ames Construction has been the City’s snow removal contractor for this entire period of
time. Our current contract expired at the end of the 2007-08. Contracting out continues to be a cost effective
way of providing these services, and staff is recommending we use this approach again for the coming season.
The specifications for the bids again have been modified to incorporate the same standards of snow and ice
control service that the City is now providing. The City has over the last several years has made great strides in
improving its service level in this area. These changes included adding additional pieces of equipment, making
operational changes, calibrating salt applicators and training drivers on city service policies and expectations.
Ames Construction staff continues to work cooperatively to incorporate these improvements.
Five Minnesota based contractors requested Snow Plow Bid Specifications prior to the bid deadline. Bids were
opened on Thursday, October 2nd. The City received only one bid, that being from Ames Construction. The bid
was based on a total of 100 hours of snow removal operations; however, the actual hours required may be more
or less than this depending upon the winter. The total bid based upon this 100 hour estimate is $109,191.00.
There is an inflation clause in the contract for the remaining two years of the Contract.
Staff recommends accepting the bid and awarding the contract to Ames Construction for the 2008-09, 2009-10
and 2010-11 seasons.
ISSUES
Staff is not aware of any issues related to this item.
DJH
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date
Item Number
_____ Clarification/Revision of Past Policy
10/07/2008
4I
______ Present Policy
___X__ Required by Law _____ Previous Council Action ______ Council Theme ____ Housekeeping
ITEM
Consider Approving Communications Site Lease Agreement with TTM Operating Corporation, Inc. for the Fire
Station No. 2 Monopole.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve Agreement and Authorize the Mayor and City Manager to execute.
FACTS
The City has a 100’ Monopole located at Fire Station No. 2 (12155 Parkwood Drive). The monopole was
installed in 2001 by T-Mobile. Pursuant to the lease agreement, T-Mobile conveyed ownership of the monopole
to the City. Currently, the City has one antenna on the top of this pole for city communications, and T-Mobile
has its antennas at the 85’ elevation. TTM Operating Corporation, Inc. (TTM) has submitted an application to
install a 1’ dish at the 80’ elevation and to locate its utility cabinets within the existing T-Mobile lease
compound, thus no additional ground space would be necessary. T-Mobile has consented to the installation.
TTM is a network service company similar to a telephone utility company providing high quality digital
communications to the cellular/wireless service providers. The wireless providers must improve their network
performance due to the advent of new non-voice service offerings, and more importantly because of the
enhanced E-911 emergency location service mandated by the Federal Communications Commission. TTM
provides this service to the telecom tenants. TTM does not broadcast signals to the general public. They
provide backhaul services for wireless providers, in a point-to-point interconnected network link.
Garry Lysiak, the City’s Communications consultant has performed the intermodulation study, and
recommended approval of the application. Since no additional ground space is required for TTM’s
equipment and because the dish is quite small, 12 inches, and the dish can be located at an elevation that is not
usable pole space for another carrier, the rent was established at $300.00 a month. The lease agreement
provides an annual rent increase by an amount equal to the increase in the Consumer Price Index (CPI); or five
percent (5%), whichever is greater.
The commencement date for the lease agreement will begin upon building permit issue. The initial term of the
lease is for three (3) years, with the option of extending the lease for four (4) additional four (4) year terms
(Renewal Terms).
The agreement has several provisions regarding lease termination. These provisions are lengthy, but relate to:
design standards and acceptability, re-development of the property and/or discontinued use of the property as a
Fire Station and/or Communications site.
The City attorney has reviewed and approved the form of the lease. Due to its length, the lease agreement is not
attached, but is available for review in the Engineering department.
LMG
G:\shared\agenda\engineering\2008\10-07-08-Lease TTM FS 2
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
Meeting Date
Item Number
_____ Clarification/Revision of Past Policy
10/07/2008
4J
______ Present Policy
___X__ Required by Law _____ Previous Council Action ______ Council Theme ____ Housekeeping
ITEM
Consider Approving Communications Site Lease Agreement between the City of Burnsville and CitiLink
Communications, LLC for the Buck Hill Water Tower/Antenna Site.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve Agreement and Authorize the Mayor and City Manager to execute.
FACTS
CitiLink Communications, LLC (CitiLink) is interested in leasing space at the City’s Buck Hill Water
Tower/Antenna site. CitiLink is a full-service provider of High-Speed Internet Access, Digital Phone and other
services for small to medium-sized businesses. They provide the service without dependence on telephone or a
cable company utilizing a microwave network.
Garry Lysiak, the City’s Communications consultant has performed the intermodulation study which indicated
no interference issues with the City’s communications or the County’s 800 MHz system. There is one other
company leasing space on the Buck Hill Tower that is also a High-Speed Internet Access service. Both
companies will be operating out of the same licensed frequency band, thus there are potential interference issues
for both companies. Both companies are aware of each other and the need to carefully coordinate their
installations and future changes. This is overseen by the Federal Communications Commission’s authority.
CitiLink will occupy one (1) 2’ x 2’ floor space in the City’s communication’s building and three (3) spaces on
the tower. They propose to install a two (2’) and a three (3’) Microwave Dish, and four (4) panel antennas each
sharing antenna railing mounts.
Upon lease commencement the rent will be $1,855.00/month or $22,260.00 annually. The lease agreement
provides an annual rent increase by an amount equal to the increase in Consumer Price Index (CPI); or five
percent (5%), whichever is greater. The rent is consistent with the City’s adopted rates for 2008.
The commencement date for the lease agreement will begin upon City Council approval. The initial term of the
lease is for five (5) years, with the option of extending the lease for two (2) additional five (5) year terms
(Renewal Terms).
The agreement has several provisions regarding lease termination. These provisions are lengthy, but relate to:
design standards and acceptability, re-development of the property and/or discontinued use of the property as a
City Water Tower and/or Communications site.
The City attorney has reviewed and approved the form of the lease. Due to its length, the lease agreement is not
attached, but is available for review in the Engineering department.
LMG
G:\shared\agenda\engineering\2008\10-07-08\Lease CitiLink at Buck Hill
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
_____ Required by Law
Meeting Date
Item number
__X__ Clarification/Revision of Past Policy
10/07/2008
4K
______ Present Policy
_____ Previous Council Action ______ Council Theme ______ Housekeeping
ITEM
Consider Ordinance Amending Title 6, Chapter 10, Section 4 of the Burnsville City Code Restricting the
Parking of Trailers and Camping Vehicles on Residential Lots.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve the staff recommended amendments to the Outside Storage within Residential Neighborhoods
ordinance and adopt the ordinance as presented.
FACTS
During the enforcement of the current ordinance a few home owners have tried to find loop holes in the
wording of the ordinance that would enable them to store trailers and camping vehicles in front of their garages
when the house is setback a large distance from the front property line and set just the wheels on a hard surface
allowing grass to grow under the trailer or camping vehicle. The attached ordinance will better define where
parking and storage may occur and the surface requirement beneath.
ATTACHMENTS
Draft Ordinance
jfd
ORDINANCE NO. ___
TRAILERS AND CAMPING VEHICLES
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE RESTRICING THE PARKING OF TRAILERS
AND CAMPING VEHICLES ON RESIDENTIAL LOTS
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS:
SECTION 1. Title 6, Chapter 10, Section 4 (B) 2 of the Burnsville City Code regulating
Outside Storage within Residential Neighborhoods is amended by adding the underlined
language and deleting the strikethrough language as shown below:
2. Trailers and camping vehicles may be parked on the front yard of any lot only on the
established driveway entirely on the vehicle owner's property for a maximum of fourteen
(14) continuous days. Parking of trailers and camping vehicles shall not be allowed within
the street right of way. For most residential lots, the property line is right of way extends
toward the house approximately fifteen feet (15’) from the back of the curb of the city street.
For purposes of this section, the front yard shall be that area between a line extending across
the front of the principal structure to the side property lines and the street right of way.
Trailers and camping vehicles may be stored or parked on the rear or side yard behind the
required front yard setback and not closer than two feet (2') from the side lot line and eight
feet (8') from the rear lot line. The parking or storage of trailers and camping vehicles on the
rear or side yard, as permitted herein, shall be on hard surface consisting of class 5, concrete,
bituminous, or brick pavers that entirely cover the yard under the trailer or camping vehicle.
No other outdoor parking or storage of trailers and camping vehicles shall be permitted.
SECTION 2. Effective date. This ordinance shall be effective immediately upon its
passage and publication according to law.
ADOPTED this 7th day of October, 2008, by the City Council of the City of Burnsville.
Elizabeth B. Kautz, Mayor
Attest:
___________________________________
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
__X__ New Policy
_____ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
10/07/2008
4L
______ Present Policy
_____ Previous Council Action ______ Council Theme
______ Housekeeping
ITEM
Consider Policy Regarding Encroachment on City Property
POLICY DECISION/ACTION TO BE CONSIDERED
Adopt the Policy
FACTS
Over the summer it was brought to staff’s attention that there were a couple of private fence encroachments in a
city park. Staff sent letters to the homeowners asking for the removal of the encroachments. The item was
subsequently discussed at a Council worksession on September 8th. Direction was given for staff to prepare a
policy that addresses encroachments and the procedure for Council consideration of such.
ISSUES
There are no issues. Attached is the draft policy outlining the procedures. Each encroachment will be brought to
the Council for consideration on a case by case basis. The Encroachment Agreement will be recorded against the
property and removal provision upon the sale or act of nature is included. There is also intended to be a small fee
to cover recording costs and staff time. Staff recommends the same fee we charge for an easement vacation
(currently $320).
If adopted, staff will notify the known residents with encroachments and bring forward an encroachment agreement
for Council consideration as soon as possible.
ATTACHMENTS
Draft Policy
Sample Template Encroachment Agreement
JF
POLICY NUMBER
____
ENCROACHMENT INTO CITY OR EDA OWNED PROPERTY
I.
PURPOSE AND NEED FOR POLICY
From time to time it is brought to the City’s attention that a private property owner is
encroaching over their property line onto City or EDA owned property. The City is not in a
position to ignore the encroachment and must find a way to seek removal of the
encroachment.
II.
POLICY
On a case-by-case basis, the City may consider granting an Encroachment Agreement for
private improvements located upon public City/EDA property. The encroachment may
include but is not limited to an existing fence, garden, landscaping, retaining wall, or other
accessory structure. Approval of the encroachment may only be granted by and is at the
sole discretion of the City Council or EDA and shall include three removal provisions1. A removal provision upon 30 day notice from the City for any reason; and
2. A removal upon a specified date or event (such as sale of home) ; and
3. Non-replacement/removal upon damage from natural act (wind, fire, etc).
The agreement shall be recorded and the benefiting property owner shall be responsible for
recording costs and a nominal fee, established on a yearly basis, to cover city costs for
processing the agreement.
III.
Review Process
Upon the report or discovery of an encroachment the following process shall be followed:
1. Investigate the encroachment to confirm the area is or appears to be within the
boundaries of City/EDA land. Investigation to be done by appropriate City
department (Parks, Public Works, Economic Development, etc.). If encroachments
are discovered by adjacent property as well, then those should be dealt with at the
same time.
2. Notify the property owner or other responsible party of the encroachment by regular
mail. The notice shall include a description and location and shall request a response
in ten (10) days.
3. The property owner and the City/EDA must agree on the nature and extent of the
encroachment.
4. A party responsible for an encroachment may request an encroachment agreement
according to the process following, including providing information required to
support the following findings and payment of a fee to cover administrative costs of
processing the request and recording the encroachment agreement.
Policy No. _____
Page 2
IV.___Request for Encroachment Agreement
The following conditions must be met for consideration of an encroachment Agreement:
1. The encroachment meets all other zoning and other applicable local, state, and
federal code requirements, including municipal design and construction standards.
2. The encroachment is not contrary to any deed or other restrictions such as grant
program requirements.
3. The encroachment is consistent with other adopted plans for the land.
4. The encroachment does not impede access to or use of the City/EDA land.
5. The encroachment does not detract from the visual character or use of the
surrounding public and private land.
6. Maintenance requirements are satisfactorily addressed, holding the owner fully
responsible.
V.
RESPONSIBILITY
It is the responsibility of a property owner to know the location of property lines in
particular when use of that property causes physical change to ground or vegetation, or is a
regulated use.
VI.
AUTHORITY
Administrative implementation of policy
Submitted by:
Reviewed by:
Jenni Faulkner
Dated___10-7-2008________
_____________________________ Dated: __________________
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2008, by and between the CITY
OF BURNSVILLE,(Burnsville Economic Development Authority (EDA), a Minnesota municipal
corporation ("City"), and __________________________ ("Owner").
1.
BACKGROUND. The City (EDA)is the fee owner of certain property located within the
City of Burnsville, County of Dakota, State of Minnesota legally described as LOT _, BLOCK _,
____________, having a street address of _____________, Burnsville, MN 55____ (the "subject
property"). The City(EDA) owns the property for (purposes). The Owner is the fee owner of certain
property located within the City of Burnsville, County of Dakota, State of Minnesota legally described as
LOT _, BLOCK _, ____________, having a street address of _____________, Burnsville, MN 55____ (the
“benefiting property”). The Owner has constructed an encroachment on the subject property.
2.
ENCROACHMENT AUTHORIZATION.
The City(EDA) hereby approves the
encroachment upon its property, subject to the conditions set forth in this Agreement. No additional
encroachment may occur upon the subject property without prior written approval by the City.
3.
MAINTENANCE AND REPAIR. The Owner shall be solely responsible for all costs
relating to the maintenance and repair of the (encroachment), including any damage to the (encroachment)
1
caused in whole or in part by the City(EDA)’s use and maintenance of the land. This maintenance
agreement is an obligation of the Owner and shall be binding upon the executors, administrators, successors
and assigns of the Owner. The (encroachment)may be repaired but may not be replaced in whole or in part
by the Owner without prior written approval of the City(EDA).
4.
HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach
on the City/EDA's property, the Owner, its successors and assigns, hereby agrees to indemnify and hold the
City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or
arising out of this grant to the Owner of permission for the existing (encroachment) on the subject property.
The Owner further agrees to indemnify and hold the City(EDA) harmless from any damage caused to the
subject property, including the fence on the subject property, caused in whole or in part by the use of the
subject property.
5.
TERMINATION. The City(EDA) may, at its sole discretion, terminate this Agreement at
any time by giving the Owner thirty (30) days advance written notice. Following notice, the Owner shall
remove the (encroachment), at the sole expense of the Owner.
If the Owner fails to remove the
(encroachment) as provided in this paragraph, then the City (EDA)may remove the (encroachment) and
charge the cost to the Owner or have it assessed against the property. This Agreement will also terminate
upon the removal or destruction of the(encroachment) in whole or in part exceeding 50% of the lineal feet
of the (encroachment) or 50% of its estimated value. This Agreement will also terminate upon the sale of
the property and any encroachment shall be removed prior to any such sale.
6.
RECORDING.
This Agreement shall be recorded against the title to the benefiting
property and shall be binding upon the Owner, its assigns and successors in interest.
2
CITY OF BURNSVILLE
BY: ________________________________________
OWNER
BY: ________________________________________
Owner
STATE OF MINNESOTA
COUNTY OF DAKOTA
)
( ss.
)
The foregoing instrument was acknowledged before me this _______ day of ______________,
2008 by________________, the __________________ of the City of Burnsville, a Minnesota municipal
corporation, on behalf of the corporation.
____________________________________
NOTARY PUBLIC
STATE OF MINNESOTA
COUNTY OF _________
)
( ss.
)
The foregoing instrument was acknowledged before me this _______ day of __________________,
2008, by __________________________________ the _______________________________________.
____________________________________
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
JJJ
3
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
_____ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
10/07/2008
5
______ Present Policy
_____ Previous Council Action ______ Council Theme ______ Housekeeping
PRESENTER
Skip Nienhaus, Economic Development Coordinator
ITEM
Consider staff research relative to Ordinance Number 249; An Ordinance Regulating the Keeping Of Dogs and
Other Animals in the City of Burnsville.
POLICY DECISION/ACTION TO BE CONSIDERED
Retain the current ordinance.
FACTS
Ordinance Number 249, regulating the keeping of dogs and other animals in the City of Burnsville, was
originally adopted on January 17, 1983. The ordinance allowed only household pets (dogs or cats) to be kept
within city limits with no more than two dogs over the age of three months allowed. There were two
exceptions; any type of animal could be kept in R-1A (Single Family Rural Residential District) and a person
could apply to the City Council for a permit to keep animals other than household pets within the City. In 2004
the second exception was removed from the ordinance thus limiting the keeping of animals other than household
pets to the R-1A zone. There were five permits issued for the keeping of chickens. All expired when the
chickens died and none were renewed.
Staff has researched the ordinances of surrounding communities and Minneapolis, St. Paul, and Duluth. Of the
ten cities researched, six do not allow chickens in residential zoned areas; the four that do allow them do so with
restrictions to the number, the type of enclosure, and in two cases (Minneapolis and St. Paul) require a permit
and consent of 75-80% of the surrounding neighbors.
Based on the research, staff recommends that Council make no changes to the current ordinance as it is similar
and in some cases less restrictive than the surrounding cities.
ISSUES
Should Council decide to amend the current ordinance, staff recommends consideration of the following
options:
1. Council can give direction to bring back a new ordinance for adoption. If Council selects this option,
staff would recommend the ordinance require a permit, limit the number of chickens, require an
adequate enclosure, require consent of at least 75% of surrounding neighbors, and require an inspection
of the enclosure prior to the issuance of a permit.
2. Council can give direction to bring back an ordinance that allows chickens without
permitting/inspections, but with restrictions on the number and type of enclosure.
3. Council can give direction to bring back a new ordinance for adoption that allows chickens in
residential areas with no restrictions. Staff does not recommend this option as none of the researched
cities allow the keeping of chickens without restrictions.
ATTACHMENTS
City by City Analysis
SN/RB
City by City Analysis
Ordinances related to Chickens
City
Apple Valley
Chickens - residential
No
Bloomington
No -
Burnsville
Yes – R1-A
Duluth
Yes
Eagan
No
Edina
No
Lakeville
No
Minneapolis
Yes - permit
Rosemount
Yes - restrictions
Savage
No
St. Paul
Yes – one
Requirements
Is not considered a domesticated animal and is not
allowed.
A fowl is only allowed on farm land, which restricts them
to one property in Bloomington that still is farm land.
R1-A land is one family rural residential – southwest
Burnsville where larger lots exist is R-1A.
Classified as livestock and must be in a fenced area that
prevents escape. Also describe “public nuisance animal”
as an animal that makes disturbing noises causing
unreasonable annoyance to neighbors or creates
unsanitary or objectionable odors for neighbors. These
may be impounded.
Allowed in the agricultural zone only which by definition
must contain “not less than five Acres.”
Considered a farm animal and farm animals are not
allowed to be kept in the city.
Can be kept on farm property and must be kept in a pen,
feedlot, or building that is not within 100 feet of a
residential dwelling not owned or leased by the farmer.
An Interim Use Permit can be issued to allow until a
permanent site can be found
Requires permit, which requires consent of 80% of the
occupants of real estate within 100 feet of the applicant’s
real estate. Cannot be kept within the dwelling or part
thereof.
No more than three kept in a coop which must be
elevated at least 12 inches and not more than 24 inches,
rest on concrete footings that penetrate the soil at least
24 inches, be screened from view by fencing or
evergreens with a minimum height of 4 feet and set back
75 feet from any adjoining residential structure.
Can be kept as legal non-conforming if the use occurred
before the most recent zoning change and continues
consistently thereafter.
To keep more than one an applicant must obtain a
permit. The permit application requires the consent of
75% of the owners or occupants of public or private real
estate within 150 feet of the outer boundaries of the
premises of the applicant or proof that the applicant’s
property lines are 150 feet or more from a structure. The
permit can contain conditions as deemed necessary by
the environmental health officer.
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
Meeting Date
Item number
ACTION: _____ New Policy _____ Clarification/Revision of Past Policy
_____ Previous Council Action
______ Council Theme
X
10/07/2008
6
Required by Law
______ Housekeeping
PRESENTER
Julie Eddington, Attorney from Kennedy & Graven (Bond Counsel)
ITEM
Public Hearing - Consider Resolution Approving the Issuance by The Burnsville Economic Development
Authority of Revenue Obligations Under Minnesota Statutes, Chapter 462C, To Finance a Portion of a
Multifamily Housing Development For Seniors; Approving a Related Housing Program; Approving the
Issuance By Certain Other Issuers of Revenue Obligations To Finance The Multifamily Housing Development;
And Approving a Cooperation Agreement and Certain Actions Related To The Foregoing
POLICY DECISION/ACTION TO BE CONSIDERED
Adopt the Resolution and an Ordinance authorizing the EDA to exercise the powers conferred by Minnesota
Statute, Chapter 462C relating to municipal housing programs.
FACTS
This is a public hearing for the City of Burnsville to consider approving the issuance by the Burnsville
Economic Development Authority of conduit bonds in the maximum principal amount of $5,000,000 to assist
with a senior housing project to be located in the City of Bloomington. Presbyterian Homes and Services and
Bethany International have joined to form Bloomington Bethany Senior Housing, Inc., a Minnesota nonprofit
corporation (the "Company"). The Company is proposing to develop a 182-unit senior living community (the
"Project") to be located at 6820 Auto Club Road in the City of Bloomington.
Kennedy and Graven submitted to the City a letter that offers background on the project and request for
participation by Burnsville. This letter is attached. A copy of the proposed “Related Housing Program” and
“Cooperation Agreement” are on file in the City Clerk’s Office and available for review.
ATTACHMENTS
1. Letter from John Utley from Kennedy and Graven
2. Resolution
3. Ordinance
/TAO
Offices in
; Kennedy
Graven
C
H
ART
ERE
Minneapolis
Sainr Paul
0
Sc. Cloud
470 U.S. Bank Pla7.J.
200 South Sixth Strt:C(
MinncOI.polis. MN 55402
(612) 337·9300 telcphone
(612) 337·9310 f~
hnp:/lwww.kcnncdy-graven.com
Affirmative "clion, Equal Opporlullir}' Empluycr
Wednesday, September 10,2008
Tammy Omdal, Chief Financial Officer
Macheal Brooks, Deputy City Clerk
City of Burnsville
100 civic Center Parkway
Bumsville, Minnesota 55337-3867
Re:
Bond Financing by the Burnsville Economic Development Authority for the Bloomington
Bethany Senior Housing Project in the City of Bloomington
Presbyterian Homes and Services and Bethany International have joined to fom1 Bloomington
Bethany Senior Housing, Inc., a Minnesota nonprofit corporation (the "Company"). The Company is
proposing to develop a 182-unit senior living community (the "Project") to be located at 6820 Auto Club
Road in the City of Bloomington. The Project is proposed to be comprised of 99 independent-living
units, 66 assisted-living units, and 17 memory-care units. The total cost of the Project is approximately
$36,700,000. The Company is proposing to finance the Project with tax-exempt bonds ("qualified
501(c)(3) bonds"), in a principal amount of approximately $30,000,000 (the "Bonds"), and the remainder
of the costs will be paid from Company equity. Piper Jaffray & Co. has been designated by the Company
as the original purchaser of the Bonds. The Bonds are proposed to be issued pursuant to the terms and
conditions of Minnesota Statutes, Chapter 462C, as amended (the "Act").
Based on advice provided by Piper Jaffray & Co., the Company has determined that the most
appropriate financing structure for the Project is to initially sell "bank qualified bonds" in private
placements with commercial banks.
Section 265(b)(I) of the Intemal Revenue Code of 1986, as amended (the "Code") limits the
interest deduction otherwise allowable to a taxpayer in an amount related to the amount of tax-exempt
bonds held by such taxpayer. The practical effect of this provision of the Code has been to generally
preclude commercial banks from acquiring tax-exempt bonds. Section 265(b)(3) of the Code provides an
exception to the general rule of Section 265(b)(I). Under this exception, each political subdivision that
reasonably expects to issue less than $10,000,000 ofgovemmental bonds and qualified 501(c)(3) bonds in
a calendar year may designate up to $10,000,000 of bonds as "qualified tax-exempt obligations" (more
commonly known as "bank qualified bonds"). Tax-exempt bonds that have been designated as qualified
tax-exempt obligations (bank qualified bonds) are exempt from the provisions of Section 265(b)(l) of the
Code and, therefore, may be purchased by commercial banks.
The site of the Project is located in Hennepin County in the City of Bloomington. The City of
Bloomington is not able to provide any bank qualified bonds to the Project. But the Housing and
Redevelopment Authority in and for the City of Bloomington (the "Bloomington HRA") is able to
provide $\ 0,000,000 of bank qualified bonds for the Project and procedural steps have been initiated to
provide for the issuance of these bonds by the Bloomington HRA. The Hennepin County Housing and
Redevelopment Authority (the "Hennepin County HRA") can provide approximately $9,750,000 of bank
qualified bonds to the Project. (It should be noted that when determining whether a political subdivision
is within the $\0,000,000 limit for a calendar year, it must count the govemmental bonds and qualified
501(c)(3) bonds to be issued by any subordinate entities (housing and redevelopment authority, port
authority, etc.) but any such subordinate entity is not required to take into account the bonds issued by a
senior entity. As a result, the Hennepin County HRA and the Burnsville Economic Development
Authority (the "Burnsville EDA") can issue up to $10,000,000 of bank qualified bonds this year even
though Hennepin County and the City of Burnsville will each issue more than $10,000,000 of
governmental bonds in 2008.) In addition, the City of Eden Prairie ("Eden Prairie") has indicated that it
can issue bank qualified bonds for the Project in the amount by which $10,000,000 exceeds the principal
amount of general obligation bonds that Eden Prairie will issue in 2008. Eden Prairie expects to issue
between and $4,000,000 and $5,000,000 this year. As a result, the maximum amount of bank qualified
bonds that can be issued by Eden Prairie for the Project is $6,000,000.
The Company is requesting that the Burnsville EDA issue bank qualified bonds in the maximum
principal amount of $5,000,000 to assist in the financing of the Project. These bonds will be combined
with the $9,750,000 of bank qualified bonds to be issued by the Hennepin County I-IRA, the $10,000,000
of bank qualified bonds to be issued by the Bloomington HRA, and the $6,000,000 maximum principal
amount of bank qualified bonds to be issued by the City of Eden Prairie to provide funds that, together
with equity funds of the Company, will be sufficient to finance the Project.
The following actions are requested from the City of Burnsville and from the Burnsville EDA:
(i) a notice of public hearing, in the form required by Section 462C of the Act and Section 147(1) of the
Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations, is to be
published in the SUI/-Currel//, a newspaper of general circulation in the City of Burnsville, on
September 18, 2008; (ii) a public hearing is to be conducted by the City Council of the City of Burnsville
at a regular meeting of the City Council on Tuesday, October 7 with respect to the issuance of bank
qualified bonds by the Burnsville EDA; (iii) following the public hearing, the City Council will consider a
resolution approving a housing program with respect to the Project and authorizing the issuance of bank
qualified bonds by the Burnsville EDA to finance the Project; and (iv) at a date to be determined, the
Burnsville EDA will meet to consider a resolution authorizing the issuance of the bank qualified bonds.
In addition to the foregoing, Section 462C.02, subdivision 6, of the Act provides that an economic
development authority may exercise the powers conferred by the Act only if the authority is authorized to
issue the bonds by ordinance of the City of Burnsville. Andrea McDowell Poehler and Joel J. Jamnik of
Campbell Knutson P.A., city attorney, will prepare the ordinance.
The notice of public hearing has been distributed to the parties for review and comment and will
be delivered to the SUI/-Currel// on Thursday, September 11, in time to ensure that the notice will be
published on September 18.
If you have any questions regarding the foregoing, please contact me at your convemence
(612-337-9270; jutley@kennedy-graven.com).
Y&
BLl30-125 (JU)
33%03v.1
2
RAYEN, CHARTERED
RESOLUTION NO. 08-________
CITY OF BURNSVILLE, MINNESOTA
APPROVING THE ISSUANCE BY THE BURNSVILLE ECONOMIC
DEVELOPMENT AUTHORITY OF REVENUE OBLIGATIONS UNDER
MINNESOTA STATUTES, CHAPTER 462C, TO FINANCE A PORTION OF A
MULTIFAMILY HOUSING DEVELOPMENT FOR SENIORS; APPROVING A
RELATED HOUSING PROGRAM; APPROVING THE ISSUANCE BY
CERTAIN OTHER ISSUERS OF REVENUE OBLIGATIONS TO FINANCE THE
MULTIFAMILY HOUSING DEVELOPMENT; AND APPROVING A
COOPERATION AGREEMENT AND CERTAIN ACTIONS RELATED TO THE
FOREGOING
BE IT RESOLVED By the City Council of the City of Burnsville, Minnesota (the “City”) as
follows:
Section 1. Findings
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended (the “Act”), cities and certain other political subdivisions
of the State of Minnesota are authorized to carry out the public purposes described therein and
contemplated thereby in the financing of multifamily housing developments by issuing revenue bonds to
defray, in whole or in part, the development costs of a multifamily housing development, and by entering
into any agreements made in connection therewith and by pledging any such agreements as security for
the payment of the principal of and interest on any such revenue bonds.
WHEREAS, the Burnsville Economic Development Authority (the “Burnsville EDA”) can issue
revenue bonds under the Act if the City adopts an ordinance authorizing the Burnsville EDA to exercise
the powers conferred by the Act.
WHEREAS, the City Council of the City is proposing to adopt an ordinance authorizing the
Burnsville EDA, on behalf of the City, to exercise the powers conferred by the Act in accordance with the
requirements of the Act.
WHEREAS, a multifamily housing development financed under the Act may consist of a
multifamily housing development combined with a new or existing health care facility if: (i) the
multifamily housing development is designed and intended to be used for rental occupancy; (ii) the
multifamily housing development is designed and intended to be used primarily by elderly or physically
handicapped persons; and (iii) nursing, medical, personal care, and other health related assisted living
services are available on a 24-hour basis in the multifamily housing development to the residents.
WHEREAS, Bloomington Bethany Senior Housing, Inc., a Minnesota nonprofit corporation (the
“Company”), has requested the participation of the City and the Burnsville EDA in the financing of the
acquisition, construction, and equipping of a senior multifamily housing facility consisting of a 182-unit
senior living community consisting of 99 independent living units, 66 assisted living units and
17 memory care units (the “Project”) to be located at 11501 Hampshire Road, 11551 Hampshire Road,
and 11601 Hampshire Road in the City of Bloomington.
WHEREAS, when authorized by the City, the Burnsville EDA is authorized and empowered,
pursuant to the Act, to carry out the public purposes described therein by participating with other cities
1
and political subdivisions of the State of Minnesota in financing, in whole or in part, the costs of the
acquisition, construction, reconstruction, improvement, betterment, or extension of housing developments
under the Act and Minnesota Statues, Section 471.656, as amended, and Minnesota Statutes,
Section 471.59, as amended (collectively, the “Cooperation Act”).
WHEREAS, pursuant to the Act and the Cooperation Act, the Burnsville EDA proposes to enter
into a Cooperation Agreement, dated on or after October 1, 2008 (the “Cooperation Agreement”), with
the City of Bloomington, the Bloomington HRA, the Hennepin County Housing and Redevelopment
Authority (“Hennepin County HRA”), and the City of Eden Prairie, Minnesota (“Eden Prairie” and,
collectively with the Bloomington HRA, the Hennepin County HRA, and the Burnsville EDA, the
“Issuers”), pursuant to which each of the Issuers will issue revenue obligations for the purposes described
below.
WHEREAS, pursuant to the requirements of Section 462C.04 of the Act , a Housing Program for
a Multifamily Housing Development (the “Housing Program”) with respect to the Project and the
issuance of revenue obligations by the Issuers to finance the Program and the Project has been prepared
and is on file with the City.
WHEREAS, on October 7, 2008, the City conducted a public hearing on the Program, the Project,
and the issuance of revenue obligations by the Issuers, notice of which hearing (the “Public Notice”), was
published as required by Minnesota Statutes, Section 462C.04, subdivision 2, of the Act, and
Section 147(f) of the Internal Revenue Code of 1986, as amended. The Public Notice provided a general,
functional description of the Project, as well as the maximum aggregate face amount of the obligations to
be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the
Project, and the location of the Project. The Public Notice was published in the Sun-Current, a newspaper
circulating generally in the City, on September 18, 2008, a date at least fifteen (15) days before a meeting
of the City Council of the City on October 7, 2008. The City Council of the City conducted a public
hearing at which a reasonable opportunity was provided for interested individuals to express their views,
both orally and in writing, on the Project and the proposed issuance of such revenue obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BURNSVILLE, MINNESOTA THAT:
Section 1. Approval of Issuance of Bonds by Issuers.
1.01
This Council hereby approves the issuance of revenue obligations by the Burnsville EDA
(the “Burnsville EDA Bonds”) in the principal amount of up to $5,000,000 to finance the Project, subject
to final approval by the Board of Commissioners of the Burnsville EDA following the preparation of
bond documents, and subject to final determination by the Board of Commissioners that the financing of
the Project and the issuance of the Burnsville EDA Bonds are in the best interests of the City and the
Burnsville EDA. This approval is subject to the condition that the bond documents include covenants of
the Company to pay the following fees in accordance with the requirements of Part II, Section 10, of the
Private Activity Tax Exempt Financing Guidelines, Policy No. 1.235, of the City as follows: (i) a onetime fee payable on the date of issuance of the Burnsville EDA Bonds in the amount of $3,000 (or if the
principal amount of the Burnsville EDA Bonds is $5,000,000 or more, then a one-time fee in the amount
of $5,000); and (ii) an annual administrative fee in the amount of one-eighth of one percent (0.125%) of
the outstanding principal balance of the Burnsville EDA Bonds (payable semiannually).
1.02. This Council acknowledges and approves: (i) the issuance of revenue obligations by the
Bloomington HRA (the “Bloomington HRA Bonds”) in a principal amount of up to $10,000,000 to
finance a portion of the Project; (ii) the issuance of revenue obligations by the Hennepin County HRA
2
(the “Hennepin County HRA Bonds”) in a principal amount of up to $10,000,000 to finance a portion of
the Project; and (iii) the issuance of revenue obligations by Eden Prairie (the “Eden Prairie Bonds”) in a
principal amount of up to $10,000,000 to finance a portion of the Project. The Bloomington HRA Bonds,
the Hennepin County HRA Bonds, the Eden Prairie Bonds, and the Burnsville EDA Bonds are
collectively referred to herein as the “Bonds.” The proceeds derived from the sale of the Bonds are to be
loaned to the Company pursuant to the terms of loan agreements between the respective Issuers and the
Company (the “Loan Agreements”). The proceeds of such loans will be disbursed to the Company
pursuant to the terms of a Servicing and Intercreditor Agreement, dated on or after October 1, 2008 (the
“Servicing Agreement”), between the Issuers, a servicer named therein (the “Servicer”), and certain
lenders named therein, and a Disbursing Agreement, dated on or after October 1, 2008 (the “Disbursing
Agreement”), between the Company, the Servicer, and a disbursing agent named therein (the “Disbursing
Agent”).
1.02
The total cost of the Project is approximately $36,700,000. In order to issue all of the
indebtedness with respect to the Project as “qualified tax-exempt obligations” for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), the Company has
requested that the Issuers issue “qualified tax-exempt obligations” in respective principal amounts not in
excess of $10,000,000 and in an aggregate principal amount not to exceed $31,000,000.
1.03
The Bonds are to be issued pursuant to authority granted by the Act. The Bonds will
constitute obligations secured solely by the Project, revenues derived from the operation of the Project,
and other security provided by the Company. The Bonds will not constitute general or moral obligations
of the Issuers or the City or be secured by any taxing power of the Issuers or the City.
1.04. The City has determined that it is desirable, feasible, and consistent with the objectives
and purposes of the Act, and it is in the best interests of the City, to approve the issuance of the Bonds by
the Burnsville EDA to provide financing for a portion of the costs of the acquisition, construction, and
equipping of the Project, including the funding of appropriate reserves, the costs of issuance, and other
related costs with respect to the Burnsville EDA Bonds and the Project.
Section 2. Housing Program. The City submitted the Housing Program to the Metropolitan
Council for its review and comment. All comments received from the Metropolitan Council were
presented to this Council on or prior to the public hearing.
Section 3. Approval of Cooperation Agreement. The Cooperation Agreement shall constitute an
irrevocable agreement of the City and the Issuers that the principal amount of each series of Bonds bears
a reasonable relationship to the respective benefits received by each of the Issuers. The Mayor and the
City Manager are hereby authorized and directed to execute the Cooperation Agreement, and when
executed and delivered as authorized herein, the Cooperation Agreement shall be deemed to be a part of
this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force
and effect from the date of execution and delivery thereof. The Cooperation Agreement shall be
substantially in the form on file with the City on the date hereof, which is hereby approved, with such
necessary variations, omissions, and insertions as are not materially inconsistent with such forms and as
the Mayor, in his discretion, shall determine; provided that the execution thereof by the Mayor shall be
conclusive evidence of such determination.
Section 4. Documents Furnished to Bond Counsel
4.01. The Mayor, City Manager, and other officers of the City and the Burnsville EDA are
authorized and directed to furnish to Kennedy & Graven, Chartered, as bond counsel (“Bond Counsel”),
certified copies of all proceedings and records of the City relating to the Housing Program and the
3
Cooperation Agreement, and such other affidavits, certificates, and other documents as may be required
by Bond Counsel to show the facts relating to the legality of the Housing Program and the Cooperation
Agreement and related documents, as such facts appear from the books and records in the custody and
control of such officers or as otherwise known to them; and all such certified copies, certificates,
affidavits, and other documents, including any heretofore furnished, shall constitute representations of the
City as to the truth of all statements contained therein.
Section 5. Costs. The Company will, upon demand, reimburse the City and the Burnsville EDA
for costs paid or incurred by the City in connection with this resolution, the Housing Program, and the
Cooperation Agreement. The Company shall pay to the Burnsville EDA the one-time fee and the annual
administrative fee imposed on the Company by the terms of the Private Activity Tax Exempt Financing
Guidelines, Policy No. 1.235, effective as of February 19, 2008.
Section 6. Effective Date. This Resolution shall be in full force and effect from and after its
passage this 7th day of October, 2008.
Its Mayor
Attest:
City Clerk
BL130-125 (JU)
339927v.2
4
ORDINANCE NO. ___
CITY OF BURNSVILLE
DAKOTA COUNTY, MINNESOTA
MUNCIPAL HOUSING PROGRAM AUTHORIZATION
AN ORDINANCE OF THE CITY OF BURNSVILLE, MINNESOTA
AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF BURNSVILLE TO EXERCISE THE
POWERS CONFERRED BY CHAPTER 462C, MINNESOTA STATUTES,
RELATING TO MUNICIPAL HOUSING PROGRAMS
THE CITY COUNCIL OF THE CITY OF BURNSVILLE ORDAINS:
SECTION 1. Title 2, Chapter 3 of the Burnsville City Code is amended to read
as follows:
ECONOMIC DEVELOPMENT AUTHORITY
2-3-1: AUTHORIZATION FOR HOUSING PROGRAMS. The Burnsville
Economic Development Authority, previously established within the City of Burnsville
by enabling resolution adopter pursuant to Chapter 469, Minnesota Statutes, is hereby
authorized to exercise, on behalf of the City of Burnsville, the powers conferred by
Chapter 462C, Minnesota Statutes, relating to Municipal Housing Programs.
2-3-2: LIMIT ON BONDING AUTHORITY. The Burnsville Economic
Development Authority may not issue bonds pursuant to said Chapter 462C in the
absence of prior approval by resolution from the City Council of the City of Burnsville.
SECTION 2. Effective date. This ordinance shall be effective immediately upon
its passage and publication according to law.
ADOPTED this 7th day of October, 2008, by the City Council of the City of Burnsville.
__________________________________
Elizabeth B. Kautz, Mayor
Attest:
___________________________________
Macheal Brooks, Deputy City Clerk
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
_____ Clarification/Revision of Past Policy
10/07/2008
7
______ Present Policy
_____ Previous Council Action ______ Council Theme
______ Housekeeping
PRESENTER
Tina Zink, Elections/Licensing Coordinator
ITEM
Public Hearing - Consider Approval of an On-Sale/Sunday On-Sale Liquor License for Timber Lodge Steakhouse
Acquisitions, LLC d.b.a. Timber Lodge Steakhouse at 13050 Aldrich Ave. S.
POLICY DECISION/ACTION TO BE CONSIDERED
Approve the issuance of an On-Sale/Sunday On-Sale Liquor License to Timber Lodge Steakhouse Acquisitions,
LLC d.b.a. Timber Lodge Steakhouse at 13050 Aldrich Ave. S.
FACTS
An application has been submitted for the issuance of an On-Sale/Sunday On-Sale liquor license to Timber Lodge
Steakhouse Acquisitions, LLC d.b.a. Timber Lodge Steakhouse at 13050 Aldrich Ave. S.
All necessary documents have been received and the fee has been paid. The Police Department has conducted a
background investigation on Bruce Taher, the new owner and has found no reason to deny the issuance of the
license.
TMZ
CITY OF BURNSVILLE
COUNCIL AGENDA BACKGROUND
ACTION:
_____ New Policy
__X__ Required by Law
Meeting Date
Item number
____ Clarification/Revision of Past Policy
10/07/2008
8
______ Present Policy
_____ Previous Council Action ______ Council Theme
______ Housekeeping
PRESENTER
Bud Osmundson – Director of Public Works/City Engineer
ITEM
Public Hearing – Consider Resolution Vacating a portion of the Utility and Drainage Easement located within
Lot 35, Block 2, RIVER HILLS FIFTH ADDITION.
POLICY DECISION/ACTION TO BE CONSIDERED
Adopt the attached resolution.
FACTS
The applicant is requesting the vacation of a portion of the 10 foot wide Utility and Drainage Easement located
along the east property line of Lot 35, Block 2, RIVER HILLS FIFTH ADDITION.
This easement was originally dedicated to the City in the plat described above. The City generally receives 5’
wide easements on side yards in new plats presently. The side easement in this plat was 10’ in width and is
excessive for areas where limited over land drainage or no utility needs exist. The vacation of a portion of this
easement has been requested to allow construction of a new garage addition on the property, as part of the addition
would be located within the existing easement.
The easement portion proposed to be vacated in no way affects the City’s infrastructure. The area is currently
privately maintained and there are no known future public needs for the proposed vacation area.
ATTACHMENTS
Location Map
Easement Vacation Exhibit
Resolution
JS
2317
2313
2304
2404
EASEMENT
VACATION
AREA
2400
2308
PROPOSED
ADDITION
114TH ST E
2401
2305
2309
City of Burnsville
100 Civic Center Parkway
Burnsville, MN 55337
(952) 895-4400
2313
2308 114TH STREET
EASEMENT VACATION MAP
RESOLUTION NO. 08CITY OF BURNSVILLE, MINNESOTA
RESOLUTION VACATING A PORTION OF THE UTILITY
AND DRAINAGE EASEMENT LOCATED WITHIN LOT 35,
BLOCK 2, RIVER HILLS FIFTH ADDITION
WHEREAS, a petition was duly filed requesting the vacation of a portion of the utility and
drainage easement located within Lot 35, Block 2, RIVER HILLS FIFTH ADDITION, City of
Burnsville, Dakota County, Minnesota, and
WHEREAS, the petitioner is the owner of said described property and the City of Burnsville is the
grantee of said utility and drainage easement, and
WHEREAS, the Clerk of the City of Burnsville fixed October 7th, 2008 as the date for public
hearing on said Petition at the Burnsville City Hall, City of Burnsville, Dakota County, Minnesota, and
the notice of said public hearing was published, and
WHEREAS, a public hearing upon said Petition was held at the aforesaid time and place with no
objections having been raised and the matter having been fully considered by the City Council of the City
of Burnsville, and said Council having determined that the portion of the utility and drainage easement is
no longer needed for public purposes.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Burnsville that said
petition is granted and the following described public utility and drainage easement is vacated in the City
of Burnsville:
That part of the utility and drainage easement dedicated in the plat of RIVER HILLS FIFTH
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, and lying
within Lot 34, Block 2, of said plat, described as follows:
Commencing at the southeast corner of said Lot 34; thence on an assumed bearing of North
25 degrees 38 minutes 05 seconds West, along the easterly line of said Lot 34, a distance of
57.29 feet; thence South 89 degrees 29 minutes 08 seconds West a distance of 5.54 feet to
the point of beginning of the portion of said easement to be vacated; thence continuing
South 89 degrees 29 minutes 08 seconds West a distance of 5.50 feet to a line lying 10.00
feet westerly of and parallel with said easterly line; thence southeasterly along said parallel
line a distance of 12.96 feet; thence northerly to the point of beginning.
Passed and duly adopted by the City Council of the City of Burnsville this 7th day of October, 2008.
Elizabeth B. Kautz, Mayor
ATTEST:
Macheal Brooks, Deputy City Clerk