Regular City Council - 07 May 2019
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good evening ladies and gentlemen it is now 5:30 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 and to the Republic for which it stands one nation under God indivisible with liberty and justice for all we have announcements for our upcoming meetings and three proclamations council meetings are scheduled for Tuesday May 21st at 5:30 p.m. and Tuesday June 4th at 5:30 p.m. we have a work session scheduled for Tuesday May 14th at 5:30 p.m. and and a work session a special work session on Tuesday May 28th at 4:00 p.m. now this work session is a special work session and we are interviewing candidates for our board and commissions and that will be held in conference room D but all council meetings work sessions are held here in the council chambers now I'm going to go to that side to do the proclamations members of the council and staff and citizens of Burnsville i'm going to do the National Public Works week Proclamation first and I'd like to wish Ryan our public works director a happy birthday [Music] okay National Public Works week whereas Public Works Service provided in our community are an integral part of our citizens everyday lives the support of an understanding and informed citizenry is vital to the efficient operations of Public Works systems and programs such as water sewer streets and highways public buildings fleet management and parks and whereas the health safety and comfort of this community greatly depends on these facilities and services and whereas the public works maintenance personnel are called upon in emergency situations at any hour of the day or night if clear snow from our streets keep our water and sewer systems operating keep our trees strong and healthy maintain the fleet of operations and emergency vehicles and prepare our parks buildings playgrounds and facilities for the public's enjoyment and whereas the quality and effectiveness of these facilities as well as their planning design construction and maintenance is vitally dependent upon the efforts and skill of Public Works staff and whereas the efficiencies of the qualified and dedicated personnel whose staff Public Works Department are materially influenced by the people's attitude and understanding of the importance of the work they perform and now therefore I elizabeth couch mayor of the city of Burnsville on behalf of the city council proclaim May 19 through the 25th 2019 as national public works week and urge my fellow citizens to observe this period by acquainting themselves with the issues involved in providing our Public Works and recognizing the contributions which Public Works officials make every day to our health say the comfort and quality of life the Public Works Department will host its first open house in many years on Saturday May 18th from 9:00 a.m. to noon at the Burnsville maintenance center 1 3 7 1 3 frontier court to show its equipment and value to the community all citizens are welcome to attend proclaimed this 7th day of May 2018 and mr. Peterson with you and the members of the Public Works Department come forward please and then we'll take a picture thank you very much and then I'll go to kids to partay and then the last will be for police kids to park day May 18 2009 teen whereas May 18 2009 teen is the ninth kids to park day organized and launched by the National Park trust held annually annually on the third Saturday of main wears kids to partay empowers kids and encourages family to get out door and visit America's parks and whereas it is important to introduce a new generation to our nation's parks and we as we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity diabetes hypertension and hypercholesterolemia and whereas kids to parks day is open to all children and adults across the country to encourage a large and diverse group of participants and whereas kids to parks day will broaden children's appreciation for nature and outdoors and now therefore be it resolved that I Elizabeth couch Mayor of the City of Burnsville on behalf of the city council do hereby proclaim May 18 2009 teen as kids to park day and urge the residents of Burnsville to make time to take the children in their lives to a neighborhood state or national parks on May 18 2019 the Burnsville recreation department is offering a free sneak peek into the summer program parks and trails and from 10 to 11:30 a.m. at Clifton Nicollet Commons and Vista view park proclaim this 7th day of May 2019 our last proclamation is for National Police week where there are approximately 1 million law enforcement officers serving in communities across the United States including the dedicated member of the Burnsville Police Department and whereas it is well known and accepted that law enforcement is an inherently dangerous and demanding profession in which dedicated professionals knowingly place their lives in harm's way to protect others who are unable to protect themselves whereas the dedicated members of the Burnsville Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Burnsville and whereas nearly 60,000 assaults against law enforcement officers are reported each year resulting in approximately 16,000 700 injuries within the United States and whereas since the first recorded death in 1791 more than 23,000 700 law enforcement officers in the United States have made the ultimate sacrifice and then killed in their line of duty and whereas it is imperative that all citizens understand the challenges duties and responsibilities and sacrifices of their Police Department and that members of our Police Department recognized their duty to serve the people by safeguarding life and property by protecting citizens against violence and disorder and by protecting the innocent against deception in the weak against oppression and whereas the City Council of the city of burns that wishes to honor all enforcement officers who through their courageous deeds have lost their lives or have become disabled in the performance of their duties now therefore be it resolved that I Elizabeth Kouts Mayor of the City of Burnsville on behalf of the City Council formally recognized the Burnsville Police Department for their faithful and loyal devotion to their responsibilities and their dedication to our community and accordingly hereby proclaim May 6 through May 16 2019 as national in Burnsville Minnesota and publicly salute the service of law enforcement officers in our community and in communities across the nation and we thank you for your service proclaimed this 7th day of May 2019 and we'd like to present you with this Proclamation and present here in the fall of the police officer [Applause] the next item on the agenda is citizens comments this is the opportunity for anyone in the audience to address the council on an item that is not on the printed agenda and not an application form that will be coming before us at a future date and I see that someone wants to address the council please come forward and and present as that yes and give us your name and address for the record please Kevin grass one three six one five Oakland Drive Burnsville well tell mr. grass just giving a shout out for the Ames arena for the burns Club hearts show that's going from yeah tomorrow yeah telogen 14th and hopefully you all take part Aiken I'll be there thank you yes thank you so much the next item is for emergency items only and this is additions to the final agenda mrs. Messick Olli are there any additions to the final agenda there are no additions bana mayor okay members of the council any emergency items okay we will move on to the consent agenda the consent agenda is a group of items that's considered to be routine and will be enacted by one motion however an item and a consent agenda can be removed for a separate discussion and vote is there anyone in the audience who wishes an item to be pulled from the consent agenda for a separate discussion and vote anyway miss Moscone no madam no your honor no madam mayor members of the council okay may I have a motion to adopt yeah there's a motion to adopt a consent agenda all in favor please say aye opposed say nay and emotion carries thank you and then we now move on to the regular agenda and the first item and the regular agenda is a public hearing and this is a resolution ordering improvement approving plans and specifications and ordering advertisement for bids for the one hundred and twenty first Pleasant Street and trail improvement project and miss Jen des Rood our city engineer is presenting good evening and welcome so as you mentioned this is the public hearing for 121st Street and pleasant trail and public improvement project okay so tonight we'll talk about the process overview for ordering the project a project overview and describing the need for the project this is a special assessment project so we'll talk a little bit about the methodology and then open for the public hearing so the process overview the council ordered the preliminary report in February we held a neighborhood meeting in April and then tonight is the public hearing for the project and then in June will award them come back and award the project in the summer and fall will be construction and then I have two dates here for substantially complete we're hoping that they can get through with the work this year but it may carry on into next year and so there's sort of two options for that if it were to carry on we'll do assessments next year if we can get it wrapped up this year we'll do assessments with this year's assessments and then the assessment hearing so here's the project overview one hundred and twenty first street from the frontage road to the end it would be a reclamation project and then on Pleasant Avenue that would be a full reconstruction and as you'll see in the following pictures there's the street has sunk quite a bit and that's due to 9 foot of peat that's beneath the surface so we have to do some soil Corrections with a geotextile of fabric and then trail replacement um on both sides are both streets well in conjunction with the project there'll be some storm sewer lining and then there's a few monitoring wells that we can close at the same time as long as we're having a contractor and in the area so this picture on the left is Pleasant Avenue looking south and I took it quite a while ago in the winter so that is frozen water in the gutter goes out into the street cred aways and then you can see the trail it's a dark picture I took it in the morning this is all ice over the trail and then all ice in the gutter this picture on the right is the intersection of pleasant 121st also taken in winter conditions and maybe some flying happening but you can see a lot of water held into the street and not draining very well and that's due to the poor the sinking of the street so our project costs we have we're going to propose using a deed grant that we have been awarded a portion of it so 210 ish dollars per Matt the deed grant special assessments in the amount of the $172,000 ITF 190 mm and then storm utility and water utility for those well closures and the storm lining so it's about a $650,000 project for special assessments will only be assessing for the street rehabilitation and construction the sewer and all of the other components that are not going to be part of this special assessment and we'll base the special assessments on the rates that we have published for our fee schedule so it'll be based on the frontage of Jason to the street and then the remainder of the project cost will be paid for by the grant and ITF and this is our special assessment P back just directly from the policy with ranging from one year to 15 year payback all of these assessments are over $2,000 so they'll be in that 15 year range and if we do the special assessment this year the interest rate will be at 5% if we hold off until next year it'll be whatever the interest rate is at the time the two rates were proposing for the reclamation is 49 69 per foot and for the reconstruction 6861 we did have a neighborhood open house inviting the for property owners that are adjacent and we had one of them attending that property owner had a lot of interest in surrounding projects particularly the 35w bridge project and didn't really show much concern about this project he recognized that there's a definite need and other than that and no other comments were received okay any questions for mr. Schrute okay thank you this is a 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 Keeley makes the motion second by councilmember Gustafson all in favor please say aye aye opposed nay nay and emotion carries thank you the next item is item number six and this too is a public hearing and this is a resolution vacating a portion of Ames Drive right-of-way adjacent to 1900 Ames Drive mr. rout our city engineer is presenting mr. shirt so this area as described is 1900 Ames drives at veterinarian clinic is there and that development application was approved during your consent agenda but the vacation is a public hearing and this is a copy of the plat and you can see in this green area that's the area that's proposed to be vacated so it's not going anywhere and it's the street we're not being heating the street but just an extra wide width of right-of-way it looks to me that the right-of-way was dedicated and then the street was built in a different location so we're able to vacate a section of it and still maintain the street so that's the purpose it's really a cleanup and private utility owners had no objections and city utilities are not in that area okay good its usual and routine cleanup work that we have to do whenever we have these projects this is a 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 Keeley makes it a motion second by councilmember Schulz all in favor please say aye aye opposed say nay and the motion carries thank you the next item is item number seven and it's related to the previous item and this is the application of Gerald and Suzanne wood for a final plan known as piece of mine addition for a one lot industrial subdivision at 1900 Ames Drive mr. Schrute so here is a copy of the flat and this is also it was a meets and bounds description and they are doing as approved earlier tonight and expansion of their property so they needed to plat on the plat you can see that the vacation that you just approved is already shown and that's why the order of events tonight as vacation first and then the plat this is not a public hearing if you it's just our routine item okay again it is our process our administrative process members of the council any questions for mr. Schrute if not I need a motion to approve the final plan approval comes to remember kill you makes the motion second second flight councilmember workman all in favor please say aye opposed say nay and emotion carries thank you members of the council there are no other items to come before us this evening and a motion to adjourn is in order to adjourn councilmember Custer said makes the motion second second by councillor workman all in favor please say aye opposed say nay and emotion carries good night and thank you for being with us