Regular City Council - 07 Feb 2023

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foreign 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 has 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 foreign both in person and online council members are all present in the chambers as well as our staff members of the public May attend in person or the public can also watch this meeting online at burnsvillemn.gov meetings or Comcast channel 16 or 8 59. the public can also participate through Zoom by joining us at zoom.us slash join more information is available on our meeting web page and in the council agenda packet [Applause] the next item on our agenda is announcements and our announcements have to do with all of our upcoming meetings our regular meetings are scheduled for Tuesday February 21st at 5 30 pm and Tuesday March 7th at 5 30 pm we have a work session that's scheduled for Tuesday February 14th at 5 30 pm unless noted all meetings of the council are held here in the council chambers the next item on the agenda is Citizens Commons 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 in application form that will be coming before us at a future date is there anyone in the audience who wishes to address the council foreign Mrs Collins is there anyone on Zoom no one online met him thank you we then will move on the next item on the agenda is additions to the final agenda and this is for emergency items only city manager Lindbergh are there any emergency items to come before the body nothing from staff mayor thank you members of the council okay thank you we now 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 on a consent agenda can be removed for a separate discussion and vote is there anyone in the audience who wishes an item on the consent agenda to be removed for a separate discussion and vote Collins anyone on Zoom no one Madam mayor okay city manager Lindbergh the staff have an item to be pulled nothing from Staffmark members of the council thank you may I have a motion to adopt the consent agenda please second there's a motion in a second all in favor please say aye aye aye opposing a an emotion carries thank you we now move on to the regular agenda and the first item under regular agenda is a public hearing and um this is about um the resolution to order the improvements uh and approve the plans and specifications and ordering advertisement for bids for the 2023 Street Improvement project and presenting this evening is our assistant city engineer Mr Logan velocity good evening and welcome good evening my computer just turned off on me all right Madame mayor and members of the council tonight I'll be presenting the 2023 Street Improvement project this is our map of our proposed Street improvements in red is our Reclamation areas in blue is our Rehabilitation areas which are generally our higher volume streets we have one area that is shown in green that's a full reconstruction area and then the two areas shown in yellow with the blue labels are our maintenance overlay areas and uh those are a little different and I'll explain why here on the next slide so those two maintenance overlay areas were previously reconstructed with a specially assessed project by the city and they are not being assessed with this project therefore they're not part of this public hearing for tonight but we do include them in the street Improvement project due to the similar types of work and it's uh it's a little more efficient for our end of things so this year we have all three types of construction so reconstruction Reclamation and Rehabilitation the Reconstruction is a full pavement replacement as well as full curb and gutter replacement and then we also include water main replacement with that as well so that's typically areas that have a type of water main that we are looking to get replaced Reclamation areas are full pavement reconstruction and just partial or spot recur curb replacement and then Rehabilitation is also a spot curb replacement but we're just replacing the top layer of asphalt so our project schedule is is cyclical and we use a similar schedule every year so the 2023 Street Improvement project actually started last February when we ordered the feasibility report and that initiated the preliminary engineering work for the project then come fall this last fall we had two open houses one at Terrace Oaks and one here at City Hall and we utilize the new community engagement vehicle for that work um but in December the council accepted the preliminary report and ordered the public hearing for tonight uh looking ahead we are anticipating to receive plans or sorry received bids in March and then we would tentatively be back here in April for the assessment public hearing construction would take place May through October at which point we would send out a post-construction satisfaction survey for all the residents and businesses that were uh along or adjacent to the road work and then with that satisfaction survey we also remind everyone that's being assessed of the November 15th assessment due date oh and one thing to note is that the letters and notices for the public hearing tonight were mailed and published in January so here's a look at one of our areas this is a rehabilitation so we'll be replacing the top layer of asphalt here this is Nicollet Avenue kind of by the new Starbucks and Taco John's there so as you can see that that pavement is failing and and uh in need of in need of some work this is Grand Avenue near the new apartment buildings um similar scenario the pavement's failing and uh we're proposing a rehabilitation on this section as well this is the Marson Hill area this is a residential area um yeah again pretty bad pretty bad pavement conditions and some drainage issues that are that are relevant in this picture uh this area is getting a Reclamation so full pavement replacement in addition to the spot curb replacements Countrywood Estates is our full reconstruction area so again poor pavement condition uh it'll be getting full curb replacement as well as a portion of it is getting a water main replaced foreign area kind of a broken record here bad pavement drainage issues and uh we're proposing a Reclamation in this area as well so with our multimodal plan it identified an off Street Trail along Nicollet Avenue which is shown here that'd be a 10 foot wide Trail on the east side of Nicollet Avenue and that will fill in a gap between the trail that we have on Nicollet Avenue North of McAndrews Road and then the trail Network that exists on County Road 42 and the existing Trail Network on McAndrews Road and you can also see there on the on the right hand side the on-street bike lanes that we constructed last year again our multimodal plan identified a trail gap between County Road 42 and Southcross Drive on Grand Avenue so this one is going to be on the west side of Grand Avenue and it's another 10 foot wide off Street Trail during our complete streets review we also found an opportunity to extend some sidewalk to the businesses in this area that currently don't have any pedestrian access to them so we've um we heard from our traffic committee that that they've observed people walking in the street in this area so it made sense and was everyone was uh deemed feasible those are the proposed six foot sidewalks there on Grand Avenue West of Nicollet Avenue these are all of our funding sources for the project so we use taxes which are paid for by the infrastructure trust fund or sorry pay for the project via the infrastructure trust fund we use special assessments our utility funds which are water sewer storm and Street lighting and then our other sources of funding include our state aid funding this is an overview of kind of how our special assessments are utilized a few years ago Council approved a change to assess single-family homes on a per unit rate instead of by front footage every other land use type is still assessed based on a front footage um and the the amount of Assessments is based on 40 of the street costs and we use a three three year running average of cost for that assessment amount and on the sixty percent it's the rest of the residents and businesses of Burnsville who pay for that yep yep that's correct so the benefiting property owners are only paying 40 percent yep at a maximum and so they get us oh their bill is only a fraction of that 40 percent that's correct okay here's a look at uh our assessment rates our proposed assessment rates for the 2023 Street improvements so we have for our reconstruction areas single family homes that's uh four thousand seven hundred dollar assessment for reclamation which is the kind of the majority of our residential areas there's a 2500 assessment approximately and then our Rehabilitation is around eighteen hundred dollars per single family home um with the assessments they can be prepaid in full by November 15th of 2023 or they can be repaid over a set number of years depending on the amount of the assessment and that's shown here and also the interest rate for our 2023 assessments is 5.5 percent here's a look at some of our neighboring cities that assess and don't assess for similar types of work so our our last year's reclaim cost is shown there at around two thousand dollars um and you can see we're we're on the lower end of of most cities as far as our assessment rates for the same type of work here's our total cost uh breakdown by funding source so we've got around 17 percent of the project is or approximately 1.9 million dollars is our water and sewer utility funds so that's a little higher than than past years due to additional water main replacement this year [Music] 11 or around 1.3 million dollars of the 11.3 total cost is for special assessments or is paid for by special assessments um and then we have around 4.3 million dollars of of ITF which is that general tax fund and then 3.3 million dollars coming from our state aid funds and around 500 000 from our storm water utility funds with uh with all the communication that we send out any letters that we have in any uh correspondence that we have with residents and businesses we encourage them to go to our website and sign up for our weekly updates those weekly updates start once once our contractors on board and we have a schedule we start notifying everyone via email or text or however however they sign up for for ease of getting information out there and then we also have our two email handles that go to multiple staff members so that we can be reached at at any point with questions and then also on our website not not shown here but our inspectors cell phone numbers are also included on the website so if there's ever a more urgent issue occurring with the construction we they can get a hold of somebody right away um with that we with our correspondence we also ask residents and business owners and anyone else that's going to be impacted by the construction to notify us of um any special circumstances really so irrigation or invisible dog fences near the curb if they're looking to replace their driveway it's good to coordinate that work any drainage problems that that they may have observed in their neighborhood um any sewer or water service issues that they've had in the past disabilities or medical needs or any special events that they have planned for the summer so that we can coordinate and be a good partner so tonight is a public hearing staff recommends the to adopt the resolution ordering the improvements and ordering advertisements for bids for the 2023 Street Improvement projects and then just one thing to note since since sending out the public hearing notices the only email or response that we received since is an email that was shared with you all already so that's all I have thank you okay very good and Mr velocity just for everybody's information tonight is only about ordering the improvements and to approve the plans and specifications and then order the advertisement for bids and uh and then the 2023 Street program then continues to move on so I want everyone to know that with every action Mr velocity will be before us you will all be notified but the assessments don't happen until uh April or May am I correct I mean are you are correct yes okay very good uh are there questions for Mr velocity uh council member Workman um good presentation I'm just wondering if there was any further discussion about the intersection at Grand and Nicollet um that's probably my least favorite intersection in the entire city it's about eight Lanes of traffic um I know we haven't really called it out by name but since we're here was there any discussion about that intersection in any capacity as far as safety is concerned yeah council member Workman uh we did review that intersection both internally with engineering staff and traffic committee members as well um I agree it's it's not a great intersection but there wasn't anything that was feasible with this project to significantly change that intersection so the turn lanes and islands and that will essentially just stay the same there's no reworking of any of that that's correct okay thank you councilmember Keely a question on the road repair on Grand Avenue when was the last time that street had any repairs where it was assessed to the property owners council member Keely thank you for the question as far as I'm aware there has never been anything done to that road that was assessed to the adjacent Property Owners it was constructed in 1987 and it was a MnDOT Island Road there's a frontage road so it was just recently turned back to us in the last 15 years I want to say so so those will be the first assessment that any property owner on that road would have seen since that road went in that's correct um to the to in response to the person who uh the concerned property owner who sent um the email in questioning the impact of the Grand Avenue apartments that are being built in the ones that are already built um I'm curious how much would be assessed to the property owner the land owner of the apartment and this particular concerned person um today roughly what is it and what would it have been if those apartments were not built and it was still vacant land the assessment would not change based on what is adjacent to any particular property so so the their perception that it's the users right the heavy users of a large apartment complex does not impact how the assessments are made that's correct and would you mind just for the sake of the audience and the record explain how the estate statute 429 Works yes so the the state statute that allows us to specially assess for Street improvements and other projects of this nature is based on the value provided to the property so it's not based on traffic or other factors the the amount that USS is based on the value of the Improvement that you're making with the assessed project and it's based on the benefits of the property sure in in the assessment is based on uh linear footage of property ownership that abuts the street that's correct our special assessment policy uses front footage for commercial and multi-family um so yes it's it's based on a the adjacent footage uh 30 feet set back from the right-of-way as we bring more dense developments on streets like that I'm curious as a council if we should or if we could even have a future discussion about how these assessments go when you have circumstances like this particular one where you have this extremely large High dense apartment complex and another one going in on a road that has a couple of smaller commercial buildings with very few users and how lopsided that looks right and it doesn't necessarily fit per se most other circumstances of how 429 is applied so it's it might be one of the most unusual circumstances we have on a stretcher road that we just took over in recent years that that is going to have this dramatic usage variant of of people who have property ownership on that road um I'm trying I was trying to think today going through my through the city if we've got any other circumstance like that but I don't even know if we can deviate or how much we can deviate I mean obviously we've adjusted our our policy with regard to residential which I think was a great move um which leads into my next question um but we can we can have that discussion for um Street assessments with residential for clarification does our new per lot assessment of change the corner lot folks that are on let's say on a corner of a cul-de-sac they're still only charged for one lot that's correct okay great so that that cured a lot yeah yeah I think challenges you know for trying to be fair and Equitable everybody because most of the folks over the last now 17 cycles that I've witnessed who live on Corner Lots in some cases had roads on three sides because they were a front and back and aside road and it was really difficult to sit there and say you're on a corner a lot so you have to pay more um that never made sense to me I'm glad we changed it I think there's a circumstance created on Grand Avenue that is challenging the fairness question again much like that one did so that's why I want to talk about it um and then just a really a final statement to to the viewers um I have advocated in the past I want to be one of those cities on that list that doesn't assess for streets because we're getting so close that I I wish we could find a way to just get it off let as those cities did and and we've had some discussions of different options and how we might phase it in over time but I surely don't want to live in Plymouth or Edina because I think if I was a residence there and I was looking at 11 13 whatever 10 000 invoice that make my street nice I would be saying no no no the Street's fine just keep patching it keep patching it don't I don't want that that's a that's a big assessment and it makes us look great because we're for the same work we're assessing 2000 and I think that's a we're in a great position we're much more friendly when it comes to these types of things to our residents even though it is still a shock to everybody to get a bill that they don't expect even if it's two or three thousand comes out of nowhere people a lot of people in Burnsville are on fixed income and these are still a shock to their budget fortunately we offer financing that makes it very palatable it can stretch it out to be a handful you know a few dollars a month over five years type of thing but it is still something that is I would prefer that we one day as this Council has heard me parrot this this narrative more than once over the last 17 years I wish we could find a way to just get off assessments and I would I would rather deal with people filling up our audience saying do my street do my street as opposed to why are you hitting me with this bill right so thank you it's always a good discussion to have this is an 11 million dollar project do you know what the levy would be got to be phasing over time we don't need to talk about it now thank you but I mean it all comes down to who pays you know it's it's a great discussion to have well okay we can have it again but uh yeah all right is are there any other questions for Mr velocity thank you so much stake foot don't move okay this is a public hearing is there anyone who wishes to address the Council on this particular item that has to do with ordering the improvements for this project Drive Allen Drive that is part of the project area yep yes let's have him approach uh can you come up to the podium right here sir give us your name and address for the record yes one two three two one Allen Drive in Burnsville yeah I have canelli road on the back and I had to pay for assessments for that then I have Alan Drive on the front uh they used to have a policy where I thought were okay we got assess for the bigger one and you only had to pay half of the of the smaller one did that change or yeah I might have to defer to City Engineers already on this one yes per unit okay so I mean I had to pay assessments for canelli in my driveway is on Allen so that means I'm getting hit twice or I mean we'd have to look at your fears out in history the current policy you know in the past you would have been attached twice once a race each side you changed the policy to be on the driveway side only we I can get your information and connect with you after the meeting that would be great because I did get assessed on the canelli side and where my driveway isn't yeah so now but if you get hit again thank you anybody else yeah it could be yeah come forward and give us your name and address for the record Teresa Voss 55 Morrison Hill I have more of a general question in how the interest rates if you don't pay all at once how are those determined over the 15 years is there a ceiling or you know how do you come up with that I'm going to have miss desiruda our city engineer address that question and if you can also give your uh information contact information they can always help you with all of that and and and the interest rate is fixed right at 5.5 days it said for two thousand for the next year how about 15 years that carries yeah okay thank you yeah seeing no one else I will close the public hearing members of the council your pleasure I need four votes uh to uh to affirm The Ordering of the improvements move to approve council member Workman makes the motion second by council member Schultz all in favor please say aye aye opposed saying a an emotion carries thank you very much and um and thank you to all of you who are here for this hearing uh there's more to come and Mr velocity and Miss desert will be happy uh to make sure that you get all the information and I think Mr velocity also identified where you can sign up and subscribe so that you can get all the information you need for all of the different uh activities that's going on regarding the project okay thank you yes councilmember Keely I would recommend that any uh residents who experience what the gentleman did who identified himself that just recently got assessed for one side come forward and let us know because I think we need to do something fair and Equitable for those folks and not just say well our policy changed so now you're getting hit a second time too bad I don't think that's an adequate answer to this particular person and probably many others yeah I think our staff will will have a conversation and then we can go forth depending on when cannelli Road was done I mean we'll have to decide some cut off but I think we need to address those yeah so um Mr Lindberg I think maybe that's something that can be brought to a work session if I know that the schedule is filling up for these work sessions but matamara looked to the majority of the council to provide Direction on that okay okay uh re-evaluating those uh units especially when we get information from from staff with regard to when Canali Road was reconstructed I would be in favor of it but I feel like there's going to be more than just cannelli Road um and then how far back do we want to look 5 10 15 years yeah that would be some of the direction I'd be looking forward to discuss how that will affect the budget getting the work done because if we're not assessing it's gonna everybody else is going to pay for it yeah and then those are I think some very important questions there are data points that we have to look at and there is always the you know the money issue that comes up with all of these things I would just I would suggest that we don't have to go back more than five years and maybe it's three years but I I'm not suggesting anything longer than that but I think the more recent sensitive and that may you know present some opportunities for us to help them okay council members so we have clear direction for staff and they know that there is a majority who would like to discuss this item with only looking back three years at anyone that has already been assessed that could potentially be assessed a second time yeah yes those are the folks we're talking about okay and it's just to have a discussion and then decide on what it is I'm I'm interested in how many people that is yeah it could be millions of dollars I'm wondering how many households that could be that are abutting two roads yeah being that I brought this up uh the solution could be just bring this back to work session to get the council's more specific direction that then that would allow me some time some of these questions are going to be staff intensive uh to provide answers to so I would yeah I don't I want to be timely but I also want to set reasonable expectations as to not go back to our Public Works directors and others and um receive information that I can't deliver on on what you're asking Fair uh city manager Lindberg so I would I would propose Madam mayor that we could potentially do that as soon as February just for an initial conversation you can provide this with some direction and then we can do our work and come back to you to council members okay yeah we're here all night at Valentine's Day then okay it's not like your wife wants you home he absolutely doesn't you're correct about that she's bribing yeah that's right this one needs a slave yeah this one needs uh okay we'll go on to the next item the next item is to approve the 2023 parks and natural uh resources work plan and presenting this evening for parks and natural resources is the chair of the parks and Natural Resources Commission uh Mrs Shannon wolman Mrs wolman thank you good evening Council metamer thank you for having me here tonight to present our 2023 pnrc work plan um our annual activities this is ongoing every year um I trust that you're all familiar with with this um so we're gonna just kind of pass on through that one I'm not going to go over that in details with you tonight so moving on to our special projects um our special projects are items that either staff uh but commissioner my fellow Commissioners are council members or Madam mayor have requested that we provide more in-depth reviewer discussion on this year we have 15 projects scheduled for 2023 um last night Caleb Ashling was able to join us and we knocked two off the list we talked about Allen magnet Park restoration project and the turf to pray project which is on the next slide on this side we have our multimodal plan update um so we'll continue to get some information on that um it's been kind of fun to see the progress go through already in the amalgamate Park restoration project update which we did discuss um last night as well um of course the pickleball courts because who doesn't love a little bit of pickleball in Burnsville um but we're going to talk more at this year about the Lake Marion Trail get project update and the Heart of the City Frameworks plan um we also are going to cover the center Village plant update the skate park ramp replacement project Turf to Prairie cover conversion projects update which we covered last night um it's exciting to see that happen um we would love to talk about pollinator along the lawn demonstration projects and then the emerald ash borer disease Tree Management update plan yes okay and then the enhanced playground replacement projects we would like to learn more about Kramer mining landfill update this was on here last year as well we didn't quite get to it so hopefully this year um update on aquatic vegetation management Fisheries as early as to water quality and the update on the Food Forest and do you have any questions that I can answer for you well Mrs Holman you've got a very um full agenda 15 items is going to keep you all busy and that's a lot because you know these things it's you know what is it that you're doing and uh how many of our residents are going to be impacted you know getting to the pickleball element and then how much is all of this going to cost right so all of you are having you know it just looks like okay yeah we're going to take a look at uh the park restoration and pickleball but when you go in depth into all of that it's going to be a lot more work so my hope is that you know I believe that um we'll we'll be patient with your progress and all of this and see where how the needle you know moves on on all of that because um you know you're you're doing the skate park ramp replacement project also yeah and I which ramps are we looking at um I believe we're looking at the ones at Civic Center just I believe if I recall um JJ I might need your help on that one because I kind of drawing a blank is that the ones that are aging a little bit and we need to do some restoration correct excuse me it is the large spine ramp that continues it's a metal ramp and continues to wear and we've resurfaced it a number of times already and it's it's time for replacement on that it just reaches the end of life okay yeah these are all the things that we have to do because these are all acids that belong to our residents and uh so we have to you know make sure that we take care of them absolutely so that'll be interesting to see how you're all dealing with all of that so thank you any other questions or comments for Mr smallman I think it's very exciting I remember at a time when our Parks group didn't have 15 items to discuss and now you're staying very busy and that's very exciting so it is I think much too at jija Chagrin because he came with just a very short and Relic nope we all have a lot of things they want to accomplish this year as we do every year and it's just a matter of what can we get to what's realistic absolutely you just see how the cookie crumbles yeah because water quality is also a very complex issue yeah so yeah council member Schultz thank you very much I was very pleased to see this presentation and I'm excited to see what else comes um from your group this year and I would be remiss in not mentioning how fabulous your hair is this evening thank you laughs well also please extend our sincere uh gratitude to the rest of the commission members and uh thank you for your service to our community and for the work that you do each and every month um to make sure that these items are reviewed and that you also give us some good recommendations as we move forward so thank you may I have a motion to adopt the work plan for the pnrc please oh I will make that motion second membership Schultz makes them yes all in favor please say aye aye opposed saying a in the motion carries thank you so much Mrs Holman the next item is to approve the uh planning commission's work plan and presenting this evening is chair of the Planning Commission Mr Chris John good evening and welcome oh good evening Madam mayor council members City staff and city of Burnsville uh chair woolman said a bar really high in comparison I'm just going to point that out right away and uh I wanna your hair looks nice too quick I was hoping someone's gonna say that thank you thank you I just did it yesterday [Laughter] uh first I want to introduce our team we uh what we don't have in content we bring back with pictures um from left to right commissioner Ali Awad commissioner Nick Anderson commissioner John Wallace Commissioner Karen Braddock and commissioner Robert Timmerman and yours truly are working really hard to ensure that all our puds cups variances in uh zoning ordinances go through and are approved and are vested before coming to you hopefully we've been doing a good job of that um as far as a work plan is concerned we want to continue to implement the goals and strategies we had in 20 on the 2040 comprehensive plan that mainly focuses on the center Village Vision a lot of times or in the past we worked more on the conroad 42 that kind of morphed into the center Village Vision we do have some design work that's going to be coming for us over this next year we already met once with all the other commissions concerning the Aldrich Road Extension that we've been looking at um and we have had actually some buildings come through and I know we have another one we have an open hearing on it that's coming up next Tuesday so tune in for that those at home it's 6 30 on Tuesday or Monday excuse me and then uh we also want to review the recommended changes to the title 10 and Title 11 of the city code that is being brought forth by the uh ordinance board that meets they are pushing back a little bit on the timeline trying to get a good good grasp on everything make changes that make it more relevant and more readable for the General Public so as as those recommendations come through we will take a look at them we had one come through recently concerning roofing materials and Foundations I think that came through I want to say April May it's all kind of a blur right now and we're also going to review recommend changes as it relates to lower Minnesota River Watershed districts um there are ordinances that are being a little bit more stringent that will be coming through is being passed through the Watershed District board at this time and we will take a look at them as soon as they can the pictures on this one are from our tour of the water treatment facility and Mr Tony snow there is pointing out to looks like John and I that this is Burnsville here we didn't know that and um we got a great tour of the facility learned a whole lot about the water treatment facility how much work goes into that um I think if if you have the opportunity with elementary kids to get a tour of that it's a fantastic it's amazing how many tunnels and pipes that are underneath there but you learn a lot about some of the ongoing processes within the city and that's very important especially as we sit as a board trying to make recommendations for the city so I've had a recent conversation with the city manager Lindbergh and we talked about doing more of those tours over the next year or so or next couple of years and I think that's going to be a good priority or something that we'd like to do just get more training on on some of the facilities within Burnsville if that even includes the Kramer Mining facility or Center Point Energy some of the facilities that usually don't get to you know access as a regular person with that those are my um my our plan for the works work plan for 2023 and I am recommending the city council adopt the 2023 work plan and I can stand for questions well you know you may have only five items that you're working on but the comprehensive Plan update is huge I mean I still I I have that in hard copy at home simply because I go back and take a look at it one pro projects come through and then I want to look at what that is and so yeah and when you're doing work along the lower Minnesota River Watershed that's also very important work and it's a lot of work and it's not just so this you have a lot of cerebral work in all of those and of course County Road 42 and the Redevelopment of the vision in the center Village you know that's what Community Development is also doing with regard for their deliverables so I think those are some of the things that you all are going to work together on moving forward so they're very complex uh items that you have on your agenda I appreciate the amount of America especially the cerebral part I don't usually get that confidence but that was good that's a big company yeah I appreciate that you know and not too many people have the patience for doing a lot of that cerebral work yeah but it has to be done and it's it's fun it very much is a lot of fun and fun it has to be done yeah any other comments or yeah well just pass on compliments the we rely on the Planning Commission in a big way as you well know and uh the work is cerebral and dry at times but you make it fun and and there's some good dialogue going on and that's what we what we hope for always right and uh members of the commission to be engaged and taken seriously because it is serious work to the city so thank you thank you and I'm very impressed by the team that we do have so I appreciate you guys passing those guys along because they are fun and we are friends outside you know as much as we can be within the public hearings but uh yeah they're good people no you guys do good work because you all notice that what you bring to us is usually on a consent agenda just like the brewery that you uh just uh right brought forth yeah you know just looking at all of that and looking at your background and discussions that you guys had that was really terrific and I I understand that there's going to be some projects but we all don't know about it it's just a lot of anecdotal information you know right flying around the city but our staff we don't have anything so you know when those things become a reality through an application you guys will have first eyes on it which it's a lot of fun to see the city grow up and some of those things that were just ideas at one point especially when you talk about the buildings their ideas at one point all of a sudden they're coming to fruition now and it's it's fun to watch thank you great yeah could you share some of what's flying around the city that we're not aware of drones ideas stuff going around the city about different restaurants and you say or you'll get questions about it and say I don't know anything about it because I have we haven't been informed that there's an application before us Steak and Shake right now is the big one yeah that's that's the one that's flying all around where nobody knows they're planning on opening this summer but we don't know where and and stuff instead not seeing an application so I always say unless there's an application in City Hall we know nothing but great information lots of rumors yeah yeah so thank you thank you yeah and please extend our sincere gratitude to the members of the Planning Commission and thank them for all the good work you know you guys do good work goes on consent thank you may I have a motion please to adopt the work plan uh I will move to adopt second there's a motion and a second all in favor please say aye aye opposing a an emotion carries thank you very much uh the next item on the agenda is the economic development commission's work plan and presenting this evening is chair of the economic development commission Mrs Crystal fitchett and welcome good evening Madam mayor council members Burnsville City staff and others I am going to be very short this evening very brief because I understand you all have had the background information so I don't have to go over that with you this evening but the economic development commission will we have four items to propose action items and um for 2023 we propose city council city code updates to continue to provide input on that grow Minnesota thank you Grow Minnesota City Chamber partnership review and business retention and expansion program to continue to review that and also the economic development strategic Plan update ongoing initiatives will be the current economic development strategic plan work ribbon cuttings training opportunities open to business engagement and recommendations on land sales grants and financial tools and that is how breath it is today well you may think it's a brief but uh you know the economic uh development strategic plan I know is also on the work plan for a Community Development so you all are going to be really re-evaluating all of that and looking at what needs to be done so I think um and your ongoing tasks it you may only have uh four items that you're looking at but they're items that are very dense and so hold review yeah that's a lot of it and uh you a lot of Engagement work as well so but uh yeah thank you for all the work that you all do it's very important and I look forward to the update on the Strategic plan yeah that does take a lot of involvement and conversation around the Strategic plan so very careful thinking on that and a lot of input yeah so and then you still have a lot of ongoing work too that's very dense yeah yeah so the recommendation is that it's adopted this evening um pardon me I said our commission recommends that you adopt the uh thank you please extend our gratitude to the Commissioners as well we appreciate the work that you do and and the recommendations that you bring before us members of the council do you have an any questions for Mrs fitchett no but thank you for all your hard work that you do for us and yeah your professionalism yes thank you yeah thank you so much we really appreciate all that you do and uh everyone and all of our commissions for this for your service to the community so members of the council I need a motion to adopt the economic development commission's work plan move to approve yeah second there's a motion in a second all in favor please say aye aye oppose say nay and emotion carries thank you very much and have a good evening the next item is to authorize uh contract qualification solicitation and review and bidding process for the Kramer Quarry Reservoir deepening and water intake project phase one bid package one and presenting this evening is our um our Public Works director uh Ryan Peterson yes Mr Peterson uh good good evening thanks for letting me be here tonight to talk about this project um so uh the the basic reason that we're here tonight on this one is because we're doing something a little atypical as it relates to uh seeking out bids for a project we're doing I'll get into that um so the city and Kramer mining have worked collaboratively for many years on surface water management um as they've continued to mine deeper they've started to take some more of the water that we used to take it's bypassing our sump so the project that we'll be discussing will help us increase our rate of water harvesting and that should also be a win for Kramer because they will not have to pump as much water and to to deepen it they will also get some more Limestone that they can mine out and sell so it should be a win-win project here uh just to help people understand where we are this is the Kramer mine 35W 13. this is where the city takes its water from uh all the water that we do take from this area comes from the south that's not influenced by landfills around it's all coming from the south and that is why it is continues to be a safe water source for us in particular we are the project location is right here on a sister company the Kramer mining known as Kramer North America they build Bridges and that's here I think I'll get into the next slide so we have two phases of this project um or in the first phase has two bid packages the first one is to drill some holes vertically and horizontally so that we are able to get a future Improvement in how much water we can take and the trick to this one is we're going to be drilling down about 140 feet and then over 200 feet and they got to hit within one foot of each other so that's very tricky technical work high risk stuff so that's the complexity and why we're proposing something different on this one uh that's what I was talking about is they'd be mining down here on Kramer North America property and then they'd drill over horizontally to match that and then in the future we'd build a well house or a pump house on top of that in a system that we could take water in from here into in the future that'd be the bid package too so um uh briefly so this is uh what I was talking about this is a cross section looking into the Limestone they will be drilling down 140 feet from elevation 720 down to 580 and this is typical well stuff there are plenty of contractors who can do that the trick is then um drilling a hole horizontally over and matching and if these two don't match up then we can't get the ladder from from the sump area up to the well house into our treatment plant um so what we're proposing to do is that we would instead of just going straight to contractors we would solicit qualifications of using very objective criteria for this we wouldn't um it'd be something that any contractor could meet if they know what they're doing and then once we have those qualifications and contractor qualified then we'd Supply them plans and specs that they could bid on and then we'd bring those bids back to you for consideration and um we're hoping this can all be done by the second meeting in March where we consider uh bringing forth the contract approval assessment agreement with Kramer mining as uh agreements with them would pay for all these improvements along with an easement that we'd have to build the future well house on top of it so from Financial standpoint this is phase one of those improvements the 28 2022 cfp had 1.8 million dollars for that we're certainly hopeful that this bid package is under that what we do is move forward with a budget amendment to move that that funding to 2023 and then it's likely that bid Package 2 would be in 2024. uh this will not have a significant impact to the water and sewer fund because it is being um paid for by Kramer mining um let's see here um and then the second phase of this project is expected to um be done in 2027 time frame after we make some other improvements down there collaboratively with with gramer mining so with that that is my presentation what I'm looking for is to move forward uh authorizing us to enter in or go through a contractor solicitation process as opposed to just going to our typical approving plans and specifications okay councilmember Keely thank you madam mayor just a quick question how large is the diameter of those drill holes that have to be within one foot of one another uh they're both about three feet in diameter it's a pretty good size hole yeah we got to put a big pipe down there because we're taking hundreds if not thousands of gallons a minute uh through those in into the future thank you I support it you're looking for a recommendation to support the uh contractor qualification solicitation process right thank you councilmember Workman thank you and thanks Ryan um just while we're on the topic of water and it's something that we're going to be talking about a lot this year um a project like this has the potential to help with some water quality issues since we're digging deeper I know there's no you're not going to make any assurances or guarantees of that but in theory this could help address some of those water not quality taste issues just with algae blooms and such the customer Workman thanks for the question yes uh what we'd expect is that the water now is about 20 feet deep when we're done 2028-ish it'd be about 30 feet deep so there'd be less chance to be impacted by algaes and stuff at the top of the surface so likely an improvement in water quality unfortunately that won't be a near-term deal but um hopefully in the 2020s probably you could see some improvements thank you because one of the things Dr Peterson is once we Harvest that water from the surface water treatment side it still has to be co-mingled with the groundwater and when they're co-mingled is when you add all of the um chemicals to the water right so ma'am mayor we we treat both surface water and groundwater first and then we have a finished product of each type and then we send them together to co-mingle before sending them out yeah because there's different minerals that come from the ground and that they go into the main water treatment plant when it comes from all the welds yes there's one building with two separate treatment processes yep okay all right um any other questions for Mr Peterson if not may I have a motion please to authorize the contractor qualification solicitation and review so moved there's a motion second there's a second all in favor please say aye aye aye opposing a and a motion carries thank you very much Mr Peterson thank you yeah the next item is the ordinance adopting revisions to the city code uh title 3 chapter 29 through 32 this is a continued item from January 17th presenting this evening is uh Mrs Michelle Collins our city clerk Mrs Collins thank you madam mayor city council um if you remember back a couple weeks ago we did have this ordinance before us at January 17th city council meeting there was a couple of items that the council asked us to go back and look at and I have those up on the screen for you now under 3-30-7 we were looking at subdivision C that um had known facilities for restrooms staff did take a look at that and recommended that be removed on under subdivision h regarding having the mobile vending vehicles in residential areas we took a look at that and added that they needed only that they couldn't be there if they were longer than 22 feet now this is consistent with our zoning workers as well um under subdivision I um we uh we noticed uh that it did not have the exceptions for special events where the um customer window access did not have to be facing the curb so um staff looked at that and agreed that it was good to add that exception in there and the same for subdivision J also added in there that during special events the electrical cords and hookups were allowed because as long as they were well marked and documented okay I stand for any questions the ordinance tonight requires a simple majority of the council to adopt however the summary ordinance requires four votes of the council okay members of the council any questions for the update and the improvements to the work that staff has put forward yeah I don't have a question uh I just want to say as liaison to this group our citizens work really hard on this one and there was a lot of discussion on this and very thoughtful discussion and they're making it I would uh I wouldn't say easy to do business in Burnsville but they're making it easier to do birds in Burnsville if you're a food truck and which I think is good because yeah because they're not going away they're here they're here to stay now and yeah so to that to that citizens group nice job so let me ask the council is I I I'm three and two three and uh and four votes is there any concerns or can I bundle this I think bundle in my own opinion okay then I will bundle it and may I have a motion to uh to approve the the ordinance so move second there's a motion and a second married Kessel that is a motion to approve summary