Regular City Council - 08 Oct 2019
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you you you and I will call this regular meeting of the Burnsville City Council to order it is our tradition to stand for a moment of silence followed by the Pledge of Allegiance and we invite you to join us I pledge allegiance to the flag of the United States of America in to the Republic for which it stands one nation under God indivisible with liberty and justice for all we have announcements this evening for all of our upcoming meetings and we have two proclamations to read regular council meetings are scheduled for Tuesday October 22nd at 5:30 p.m. and Monday November 4th at 5:30 p.m. now we're meeting on Monday because we are not allowed by law to hold a meeting on on Election Day and so November 4th November 5th as an election day and therefore we will be meeting on Monday November 4th at 5:30 p.m. work sessions are scheduled for Tuesday October 15th at 5:30 p.m. and Tuesday October 29th at 5:30 p.m. our budget meetings are scheduled for Tuesday October 29th at 5:30 p.m. and Tuesday November 12 at 5:30 p.m. and then we adopt a levy and the budget on Tuesday November 3rd at 6:00 p.m. and the public is invited to all of our meetings they're held here in the council chambers and for all of our budget meetings please come and join us you know you can watch us on TV so our first proclamation this evening is for Fire Prevention Week whereas the City of Burnsville is committed to ensuring the safety and security of all those living and visiting Burnsville and whereas home fires resulted in two thousand and six hundred and thirty civilian deaths in the United States in 2017 according to the National Fire Protection Association in fire departments that you need in the United States responded to more than 357,000 home fires and whereas the fire death rate per 1,000 home fires reported to us fire department was 4% higher in 2017 than in 1980 and whereas when the smoke alarm sounds Burnsville residents may have less than two minutes to escape to safety and residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire whereas Burnsville residents should practice the home fire escape plan with everyone in the household including visitors and whereas Burnsville residents should teach children to escape on their own in case adults can can't help them and whereas Burnsville first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education and Burnsville residents are responsive to public education measures and are able to take action to increase their safety from fire especially in their homes and whereas 2019 fire protection we seem not every hero wears a cape plan and practice your escape effectively serves to remind us that we need to take personal steps to increase our safety from fire now therefore i Elizabeth Kouts mayor the city of Burnsville on behalf of the city council do hereby proclaim the week of October 6 through the 12th 2019 to be fire prevention week proclaimed this 8th day of October 2019 and on Thursday of this week we will have an our fire department will have an open house at Fire Station one and that's a hundred and forty one hundred forty third one hundred and fortieth Street it's by target and across the street from from colds and come it's a fun event and hashtag you belong at the fire station one open house for our fire department the second Proclamation is for the National Breast Cancer Awareness Month where as National Breast Cancer Awareness Month was established to increase awareness about the disease and the importance of screening and early detection and whereas one in every every one in eight women will be diagnosed with breast cancer at some point during their lifetime in the American Cancer Society estimates that more than 250,000 new cases of invasive breast cancer will be diagnosed this year whereas met mammography can detect breast cancer up to two years before physical symptoms can be seen or felt whereas the City of Burnsville is committed to raising awareness about breast cancer and the impact it has on our loved ones friends colleagues and community members and proclaiming our commitment to prevention detection and treatment of breast cancer now therefore i Elizabeth Kouts mayor of the city of Burnsville on behalf of the City Council and in honor of all that have fought against breast cancer do hereby proclaim October 2019 to be National Breast Cancer Awareness Month in Burnsville and encourage all women and men to become aware that they are at risk and to check with their doctors to see whether they should get mammograms proclaim this 8th day of October 2019 and if you'll notice some of us are wearing pink in honor of Breast Cancer Awareness Month thank you to those who wore pink in honor of breast cancer awareness so thank you the next item is citizens comments and we have Risa husted who would like to speak good evening hey thank you for saying my name right well thank you guys for taking my comments today I was hoping that I could get ahead of the ball in discussing with you guys something that's very important to me and other bike commuters around Burnsville my company moved to burn so two years ago and at that time it became clear that a lot of us were really going to struggle getting to our homes from Burnsville a lot of money bus your address for the record besides 46:11 Blaisdell Avenue South okay yes a lot of our staff members live in Minneapolis or across the river and we're all working pretty hard to figure out a commuting route to to get us to the north side of the river as I think a lot of you guys know probably have noticed when driving across the 35w bridge it's getting an update which is great there's a new multi-use trail that's going to open in 2021 on the bridge my concern and the concerns of other folks that are using that bridge for commuting is the safety hazard of the flooding between March and well I was going to say August but I think it is actually beginning to flood again now on the black dog trail which is the direct access route to the new multi-use trail so right now I was just hoping to take a couple of seconds and identify who of you would like to begin working with well as you know then I'm going to have you direct you to our public works director you do realize that for two years we've had men dot has had open houses and all of this has been discussed and and a lot of it is also on their website are you familiar with their website yes in fact per my request in the cross request of other advocates we had them update their website based on the changes to the trail plans in July of this year there were a lot of bike advocates and people in the bike and pedestrian community who believed that the trail was going to follow the original plans of extending to Cliff Road and I think that that has changed in the last two years I think that there was some miscommunication between folks that as to what the the changes were and to what effects those would have I'm gonna have you speak with our public works director Ryan Peterson he's up to date on all of those strategies and things that happen between all of that and also with the flooding and so I think it's always good to get updated information and factual information to understand what's going on and and the other is that MnDOT is the authority on the bridge because it's a federal highway now we put all of our input into it and we also have a trail that goes down along the river the Greenway trail that goes over to 77 so but you're talking about the new trail with what's going on and I think with some of the updates on the website you could probably speak to that and you can speak offline to mr. Petersen about that can I can I ask really quickly are you interested in looking into we've been oh we are we've been we're looking into solutions and I've been very much working with all of them and then of course do you have two members of the City Council who sits on 35w solutions Alliance who have been working on all of that it's not that we haven't been working solutions we've been working on them for about two years and then I'm not quite sure because it's between Bloomington us but also MnDOT is the agency that has that authority so is there anything that you can add to this councilmember Killian councilmember Gustafson well happy as a a biker primarily because my wife really got me into a pretty heavy you know this this trail development was a great idea and a great sign because there isn't ticket across that bridge today a huge improvement we go east and go across the old cedar bridge to get into Bloomington and so there is one that exists this was going to be a new one the issue of addressing the elevation for flooding was you know we have an existing black dog trail yeah that is under water most the time and so because that that whole stretch along the river is a flood problem I think early on they may have taken the tech let's add this new pedestrian bridge but what are we going to do to elevate it to keep it out of the water that isn't already going to be under water from here till the cedar bridge so we have a the problem extends far beyond just the bridge crossing at 35 and you know I don't know what the cost would be to elevate that black truck trail but it's probably very expensive so you know we've been in the hundred year flood four or five times in the last ten years and that's it's caused the problem along you know for our recreation along the river so some of nature's not cooperating with us I don't know you know I don't know if there's more money coming from the feds to address that issue to be able to do it you know we can certainly advocate and voice the opinion and carry that message which but I'm not sure that at this point the reaction that we got was yeah you know this is that's we're a little late now so I'm certainly willing to listen to your ideas and and and be always to advocate for some change at this point I it's a little dove that that bus has left the station so I think we're gonna have a tough tough haul to get any changes to the design and again unfortunately the black dog trail has has been closed most of the summer 116 days yeah I mean and we just got a dime we just did you know a ceremonious groundbreaking and opening and then the water shortly after that a year later so it's been frustrating yeah and sad that they couldn't come up with a solution for the whole thing but it is really expensive to do that with that trail that we have done by the river as well and I know they've looked at a lot of different solutions so it's not like it wasn't talked about cuz it certainly was I was one that was actually very excited about this whole thing connecting throughout the entire metro area Bloomington system the Greenway down in Minneapolis and yeah and because we've been also really looking at connecting Burnsville all the way into st. Paul and that's why the green trail was a great solution in that regard but it's also under water from Burnsville even to Eagan and so when you're looking at a just across this new bridge both councilmember Keely and councilmember Gustafson sit on the 35w solutions Alliance and you've been on that committee for how long four years so they've been really working on all of that and all of us have been working on on that trail simply because we hear from all of the bikers in our community and we're doing some of the solutions within what we have control over but when it comes to where we have a secondary position and just giving input because the money comes from the state and the federal government with that my conversations with MnDOT they they identified the trail is being Burnsville responsibility and it's actually after lots of conversations with them that I've come to you all yeah okay is that where I'm gonna go to mr. Peterson no because see the thing is who's going to also take care of that trail during the winter months and Burnsville does that no no correct nope nobody does that I'm going to I'm going to go to mr. Peterson yeah thank you ma'am there are there's currently a trail foam cliff road that goes up to the Minnesota River that would be connection to the one going over that's on Cliff Road which is ours kind of trailers yeah and that's gonna be rebuilt with the project we will be the owners the lucky owners of that trail yeah so the wheel will be responsible for maintenance obviously when it's underwater it's not gonna be serviceable but we will be cleaning it up much like we did the regional trail list this year so um if there's a feeling there isn't going to be a way to get from cliff down to the river on a trail as long as it's not on the water that's incorrect there will be a trail that rebuilding it with the project but it's not being flood proof like the highway and what we've been saying is the mitigation for this will be the orange line we'll be opening up very about the same exact time you'll be able to get on a bus even one of the harder city stations and then you can get off at the 98th Street Station using closing that gap on the regional bicycle transportation network that is not something that is part of the current project parameters is that correct that's correct but there is there is a mitigation effort I mean during those times and this is the we've had more rain this year than it's ever been in them since they've been keeping track of the records and so this is not gonna be I shouldn't say I don't believe this will be the normal situation I believe we will likely get a flood maybe a year but it's I don't foresee this being under water for four months like we had this year so it's not for lack of us working on so on all of these issues that have to do with the bike trail it is working with MnDOT and then also having flood issues and then taking care of that and maintaining that trail if you don't mind I would like to continue speaking with the dance okay now time because we have we set aside five minutes for you to to do that I'm going to have you speak with them two men afterwards and you're going to speak with them because we have still work for the city to do and you may have a conversation with both council member t lee and councilmember Gustafson afterwards thanks for your time you're welcome yep yes okay the next is additions to the final agenda and this is for emergency items only miss McCauley do we have any emergency items we do not matter man okay members of the council okay and we'll move on to the consent agenda the consent agenda is a group of items that's considered to be routine and will be enacted with one motion however an item of the consent agenda can be removed for a separate discussion and vote is there anyone in the audience who wishes an item and a consent agenda to be removed for a separate discussion and vote anyone in the United onions miss Mosconi madam mayor staff would ask that council continue item 4e to a future meeting okay members of the council may I have a motion at this time to continue 4e there's a motion in a second to continue item 4e thank you members of the council any other items to be pulled for a separate discussion and vote okay maybe hi may I have a motion for the balance then Vicki Lee makes the motion second by councilmember workman all in favor please say aye opposed same sign motion carries we are at the regular agenda the first item in the regular agenda is a public hearing and this is to approve an on sale Sunday on sale liquor license for tavern 13 Inc doing business as tavern 13 located at 25 10 horizon Drive Miss Collins is presenting this evening miss Collins this is a online I'm sorry on sale liquor application for tavern 13 on horizon Drive an investigation has been completed and the principles involved nothing has been found to deny the license fees have been paid and the license will be contingent upon all documents taxes and permits being reviewed reviewed approved and paid this is a public hearing I stand for any questions thank you uh any questions for Miss Collins this is a public hearing I will open the public hearing is there anyone who wishes to speak to this item anyone who wishes to speak to this item seeing no one I will close the public hearing members of the council your pleasure councilmember Schultz makes the motion second by councilmember Keely all in favor please say aye opposed say nay and the motion carries thank you the next item is a resolution to approve Fire Station one land purchase presenting this evening is our fire chief mr. BJ gentlemen appreciate your time tonight here to discuss personal and for to replace Fire Station one I've had a lot of discussion about that Fire Station one was identified to be replaced in the facility study in 2015 the current location is not ideal for the response and does not meet future needs it's a very tight location for him as familiar with it very odd shaped lot and would not benefit the city long term to rebuild the fire station their staff with some consulting help evaluated nine other locations for access response times feasibility future operational needs and identified to be the best option after looking through all different the matrix of all the different factors we hired a broker to assist us with the negotiation of the purchase agreement and we identified two parcels on the northeast corner of 140 3rd Street in Newton Avenue and those two parcels equal 4.42 acres it's currently vacant lots the dream was negotiated for 1.2 million or 671 per square foot the earnest money of 19,500 also renaming Corporate Center Drive between judicial and South cross to honor Jean happy as Jean happy way and it would the purchase agreement also allows us a 60-day due diligence period with the option to extend another 60 days if we find anything in the phase one environmental study so the action that we request is approved a budget amendment in the background you can adopt the resolution to purchase the land any questions for chief gentlemen councilmember kini thank you madam here not a question but an observation comment it's been a long road to find a piece of property to house a new fire station congratulations it's been a little bit of a wait but looks like we're actually beyond time if not maybe a little early get started early yeah everything goes well so congratulations it's a I think we're we're overdue I remember touring the firehouse back in 2015 during that facility study and it was definitely something that was a need that was in the immediate future and I'm glad we were able to address it and fund it properly thank you close a member workman thank you too can you just give us a little comparison to this spot versus where you're at right now and the benefits we need to why this is the ideal spot yes Thank You councilman workman um it's a little over two acres where we're at now when you look at the access you know we're gonna respond to about 7,000 calls for emergency service this year two-thirds of those are done out of station one and when you come out of Station one you have to go through one or two uncontrolled intersections every single time you go on an emergency response and going through on uncontrolled intersections slows the response and is also dangerous for both our emergency vehicles and the general public as there's no way to change lights because it stops signs there so we're going against traffic every single time the third piece of that is when you look at the orientation just in the master plan in the future needs of the fire station generally you're going to add apparatus bays and sleeping rooms and on the current site there would be no way in the future to add on to that building it would be so tight so we'd be landlocked into that facility in perpetuity unless we were to acquire some neighboring land so when you look at best practices we'd be kind of pushing ourselves into that without following the best practice and making good investments thank you anything else I want to commend you for all of the hard work that you and your team have done because I remember touring that building as well and being around it and I can say that it is a sick building because of all the mold and that's not the ideal situation for those who are responding to emergency and we don't need for them to be sick so I'm really pleased that we finally have found a location for the fire station to be built and we can make sure that we respond to what our residents expect and I look every month and see the uptick on all of your emergency medical service calls it's always so much higher and all the work that you do each and every week with educating not only at the business level but in the schools and on a residential level on what is good fire practice and what people should know what to do so thank you for all of the hard work that you all have done that we're finally he and with that members of the council if you have no other questions for the chief a motion is in order staff is recommending a resolution to purchase the land for fire station 1 I'm delighted to move to approve second councilmember Keeley makes the motion second by councilmember Gustafson all in favor please say aye opposed say nay and the motion carries congratulations and the next item is the ordinance renaming a point of Corporate Center Drive to Jean happy way and believe this too is yours chief thank you madam mayor members of council never thought I'd be standing in front of you talking about a street name change but thanks to a great work by our public works department and city staff to help me out with this project it was negotiated as part of the purchase agreement to to change the street name and we've notified the adjacent landowners there's nobody's address that's actually attributed to that piece of the street but any property that is not owned by efh I've made contact with the building owner and occupant and no one had any concerns with that so we in order to change the street name I learned we need an ordinance yeah so you change the ordinance in order to name the street and there's a contingency on there that the property closes to change the street name so we'd ask for your approval of that ordinance thank you and one of the things is that people don't have remember mr. Jean happy that a great deal within the TIF one area where this is going to be named this street is going to be named after him and we're not setting a precedent we have Conley Drive we have all we have parks the Kelleher Park and it is in honor of the people in Burnsville who have made a difference in our community and certainly mr. happy in in this whole area if you look around all of those buildings and I know because I've been here he built a lot of those buildings in in in the TIF one area so that section is really appropriate to be Jean happy way and so council member t lee thank you madam mayor well I would echo that you know we we cities have name streets after founders of cities or folks that played a big role in the development the birth of the city major landowners that farmers etc and so Jean was a unique character he was very engaged in this community he built I don't know 45 46 buildings in the city of Burnsville it's an enormous amount of development and I certainly appreciate him and miss him he was a great voice to have a conversation with he had his opinions about the city and and I always enjoyed having a conversation with him and as well mr. Wayland who's in the audience so I think it's a great way to mr. Happy's daughter and mr. Happy's daughter sorry it's a great way to honor Jean I think and to name this segment of a road after him is is very appropriate my certainly supportive thing yeah Burnsville Heights the developer there named every street after his daughters shirley Lane you can go up and so we're not setting any precedent and this is a great honor to the work that your father has done in this community and so there is a motion I'm happy to make a motion yeah it's good yes very very happy H ap PE people make the motion there's a motion by councilmember aqui week second by councilmember Schultz all in favor please say aye opposed say nay and the motion carries congratulations I'm glad we got it done excellent the neck I will now recess the Burnsville City Council meetings so the Economic Development Authority meeting can convene president Gustafson thank you madam mayor I'd like to call to order the Economic Development Authority meeting are there any additions to the final agenda seeing none we'll move on to the consent agenda and that's all we have on our agenda tonight and that's the approval of our minutes from September 17th and also the approval of agreement for Economic Development and bond counsel attorneys services this is on consent I needed a motion motion second in a second all in favor aye aye opposed and it passes seeing nothing on the regular agenda and nothing on miscellaneous I need a motion to adjourn motion second second all in favor aye aye thank you madam mayor so thank you I will now reconvene the burns Hill City Council meeting and members of the council there is no nothing else to come before the body this evening and a motion to adjourn is in order motion to adjourn there is a motion by councilmember Keeley and second by councilmember Schultz all in favor please say aye opposed say nay and no motion carries good night and thank you for being with us you you you you you you you you you you you