Regular City Council - 04 Feb 2020
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you you you you you 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 play 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 council meetings are scheduled for Tuesday February 18th at 5:30 p.m. and Monday March 2nd at 5:30 p.m. and the reason why we are moving that meeting to Monday is because it's the presidential nominating primary is on March 3rd and we're not allowed to hold meetings during an election and so we also have work sessions scheduled Tuesday February 11th at 5:30 and then we also will have a closed work session today February 4th at 6 p.m. and it's a closed work session we are canceling the March 2nd council meeting oh thank you so our next regular meeting will be March 17th Tuesday March 17th so that so Monday's is cancelled anyway even though we moved it but it's cancelled yes so thank very good thank you that's good it was not listed because I did remember you saying that we don't have items for that particular meeting so it is canceled so March 2nd meeting is canceled the next item is citizens comments and this is the opportunity for anyone in the audience to address the council on an item that is not an apprentice agenda not an application form that will be coming before us at a future date is there anyone who wishes to address the council anyone seeing no one we will move on the next is additions to the final agenda and this is for emergency items only miss McCauley no matter mayor thank you members of the council thank you the next item is the consent agenda and this is a group of items that's considered to be routine and will be enacted by one motion is there anyone in the audience who wishes an item on a consent agenda to be removed for a separate discussion and vote anyone who wishes an item to be removed for a separate discussion invoke miss Moscone no matter in there thank you members of the council may I have a motion to adopt the consent agenda please councilmember Schulz makes the motion second by councilmember workman all in favor please say aye aye opposed say nay and emotion carries thank you we are now at the regular agenda and the first item on the regular agenda is a public hearing and this is to approve wine license for CEC entertainment doing business as chuck-e-cheese at 915 County Road 42 number 1025 and presenting this evening is our city clerk Miss Michelle Collins miss Collins thank you madam mayor City Council this is a new license for chuck-e-cheese for I want for wine license and and this will be in addition to their current beer license that they have the paperwork has been reviewed staff found no reason to deny the license the principles involved are the same principles that would be involved with the beer license so no a separate investigation was needed once the license is approved by the council it will also need approval from the alcohol and gambling Enforcement Division and once that license is approved by the agent department then the signed license will be sent back to the city and get to the any question says the public I stand for any questions any question for miss Collins thank you this is a public hearing and I will open the public hearing is there anyone here 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 council member kill you makes a motion second by councilmember Chavous all in favor please say aye aye opposed say nay and the motion carries the next item is also a public hearing and this is a resolution ordering improvements approving the plans and specifications and ordering the advertisement for bids for the 2020 Southwest Burnsville Street improvements and presenting this evening is our city engineer mr. John Schmeling assistant city engineer mr. smiley thank you madam mayor so madam mayor members of the council I'm here before you for a public hearing for the Southwest Burnsville street improvements I'll be walking through the proposed improvements the improvements scheduled funding sources talk about the recent history of the Southwest Burnsville policy and changes that were made to it talk about the special method a special assessment methodology I'm talking a little bit about project communications show you a few pictures look at the project costs and then ultimately hold the public hearing the proposed improvements include replacing the most deteriorated sections of pavement and then placing a two inch asphalt overlay which includes also putting in replacing asphalt curb where appropriate installing driveway transitions to the new overlay as well as doing some street sign replacement and Boulevard rest restoration the proposed the schedule it was December 5th we did hold an meeting with the residents of Southwest Burnsville with information about the project tonight we're holding the improvement hearing in March we're planning to of this most for each award contracts or award be contract for this April or May 2020 we'll do a pre-construction open house April to September or April to August would be a substantial completion would be the construction season in August we would mail assessment letters with final assessment amounts and then hold the assessment hearing in September there are just a few funding sources for this really yes on your schedule of meetings you're going to also then do the historical work and all of the meetings that we held for this particular project yes that's coming okay this is just the schedule this is okay I'm on schedule okay thank you so the funding sources for this project include taxes special assessments to the benefiting properties and then a little bit of utility funds for minor items moving on to what you're asking about yeah this is kind of a timeline of the last two and a half three years of action that we've taken with regards to Southwest Burnsville the overall history is in the past these roads were constructed as gravel roads many of them were paved in the late 80s and 90s aniss that pavement was paid for a hundred percent by the residents and at that point we had a policy in place that said that if they wanted Road or utility improvements in the area they would have to petition the city and pay a hundred percent of the cost so that's the old policy we were working with but prior to 2017 staff and residents were noticing deteriorating streets in these paved areas it was discussed briefly at a January the full-day work session staff were directed to engage the residents with an open house at that time to get a feel for whether people were interested in getting Street improvements made an open house was held in June the general consensus of those who did attend was they did feel the streets were deteriorating and warranted action and then we continued the discussion it was summarized in an August work session and then after that when we really started looking at changing the policy was at the April 10th 2018 work session and that's when we first had really started getting public input on some proposed options we talked about what options for improvements there would be we talked about what options would there be if we were to change the policy for specifying you know do we assess and how do we assess how much do we assess to reassess a hundred percent forty percent we started that discussion in April of 2018 after that work session we held an open house with residents and laid out what we were proposing for changes and got some input then we brought a an updated Southwest Burnsville policy to the December 18th 2018 meeting and at that point we were presenting the option of doing a per-unit assessment and just saying you know so per unit meaning we would assess any current built on lat any buildable lot or any unit on a larger laughs where we think they could potentially split and build multiple Lots we were proposing as staff that we adopt the policy where we just move forward and assess all the units up don't defer anything there was feedback at that council meeting in December of 2018 that there was concerns from those people who had larger lots that could potentially be split so it was just guns discussed once more at a work session approximately a year ago in February of 2019 and we discussed how to address that issue and we had similar feedback that we had at the regular meeting and what we ended up settling on is adopting a new policy that does assess on a per unit basis but for those who are being assessed more than one unit they would be assessed the first unit upfront and then the other units would be deferred for they would be deferred for 15 up to 15 years if that lot splits within 15 years the assessment of those units would be brought forward with the development application and would be proposed to be assessed at that time or if the lacs are not split then that assessment would go away we wouldn't propose assessing the additional units that was the consensus at the February 2019 where section so finally in February the 19th meeting we brought forward on the consent agenda the updated Southwest Burnsville policy which we are applying with this project and I will get into that a little further on this next slide right so a little bit more on the assessment methodology I already kind of hit on it but the Southwest Burnsville policy has adopted does have a success in on a per unit basis which again as any existing buildable lack or potential buildable Lots based on current land use the kind of requirements we had to look at here to figure out proposed units were dry buildable area frontage Street frontage and then can they meet setbacks most likely and that's how we kind of came up with those per unit number of unit maps that were were adopted and as I said before the current policy would state that any units in excess of the first unit would be deferred and they would be deferred interest-free until the parcel subdivided or if they're not subdivided within 15 years deferred units would be cancelled as we were having the discussion I'm adopting this assessment methodology it was discussed that for these projects we would lump similar strategies together and treat them all as one large project and then calculate the assessments equally over the units for that project so whether there was you know that's a contiguous area like Luke Road or whether there were other things like Oh beer court and circle high drive we would lump those together and do them as one project and also as I said before or might notice that the assessment policy in the updated Southwest Burnsville policy is that we would assess 40% of the street improvement cost on a per unit basis previously it used to be that the residents would have to pay 100% but 40% is consistent with what we do in other areas of the city so this shows how we came up with the per unit rate took the street cost 40% divided by divided it by the accessible units I forgot to touch on that there are in this project five units of those 79 units that are considered second units that would be proposed to be deferred and then I also wanted to point out currently the $5,200 per unit is based on a project cost estimate and what I made that estimate I tried to make it somewhat conservative cuz these assessment rates will it would end up being calculated in the end based on final project cost so right now we're using a cost estimate from the preliminary report when we receive bids we will recalculate an estimated assessment rate and we would we will mail those to the residents to let them know what's the updated estimate and then after construction is substantially complete we will calculate at that time the final rate which will go out in the August mailings okay mr. Schmeling the estimated total street project costs of 1 million 27 and 40% of that is that being assessed to the residence is 410 and the remainder of that or is the one thousand 1 million 27 the city's portion which means all of the people who live in Burnsville pay that know the that's the total amount of the project or project constitutes and then the rest of it then so the residents of South West Burnsville is is only paying 410 and the rest of that cost is being paid by the rest of the citizen Burnsville okay I just wanted to make sure that everybody understands who's paying for what yes and I do have a slide toward the end that shows the numbers I'm but I appreciate the clarification yeah with these assessments the way we would do it as if they're pre paid in full by November 15th of this year there would be no interest if they're not pre paid in full by November 15th they would go on the taxes as a special assessment spread over 15 years at an interest rate of 4.5% next I'll just talk quickly about our communication we've heard this before but our main means of communication really is our website Burnsville MN gov backslash road work and on there we have individual project pages for updates that are posted about weekly during construction and other times as needed we also have an online forum people can fill out color notify us form to let us know about anything like irrigation invisible fence any events people have medical needs things like that so that we can let the contractor know and do our best to make accommodations when feasible we also have our roadwork page as well as a construction and assessments email that people can get in contact with us through and then lastly we have our email updates which are available to sign up on the website these are just running you through just a few quick pictures we had circle I Drive or the loop road here the road O'Meara Court and that's all the areas just some pictures definitely in native improvement and then this is just a more detailed cost breakdown there's about 26,000 and there special assessments that's those five units I spoke of earlier there's 384 thousand roughly of not deferred special assessments and then the approximately 59% infrastructure trust fund and then 14,000 of utility funds for a few storm sewer items over on circle high drive that are just some utilities we have there so that concludes kind of the general information I wanted to give I do want to mention that recently we have had some phone calls from people as well as an email with kind of a couple themes one is we've had some people questioning why are we lumping everybody together for the project and calculating the assessments that way my answer to that would be by spreading it equally we take take advantage of economy of scale and then it helps take away some of the variability of like we could keep track of construction costs on every road but it could get real volatile on the unit rate and our previous discussions have been to share for a similar type of project also we've had the question why such a high rate because honestly when we were starting this discussion I was telling the council like a 31 to 35 hundred per unit rate and the answers to why is it higher or a few things one is over the course of updating the policy some of the per unit the amount of units changed a little bit as we did our detailed analysis before we adopted it about a year ago also we've had kind of a rough bidding climate last year so we wanted to keep a reasonably conservative estimate also we want to have a conservative estimate because we are doing final assessments based on final cost so I would like to try to avoid having things come in higher and then have the discussion oh well why why are proposed final assessments higher than our estimated preliminary assessments I can't guarantee that won't happen but that's the goal and then we had a couple questions about isn't overlay appropriate here I forgot to mention this but we do expect this to have a service life of approximately 15 to 20 years which is reasonable for this type of improvement and we are do planning and have built into the estimate doing more cutting out of bad areas ahead of time before we do the overlay that's kind of the feedback we've been getting so with that I will stand for questions Thank You mr. shmoney any questions for mr. yes I councilmember workman thank you for the presentation mr. Schmeling I know a lot of this area don't have curbs is there any plans to planning to replace asphalt curb where appropriate okay okay very good any other questions Thank You mr. shiny just stay there I will now open the public hearing and I have a mr. Clasen who has signed up to speak sir please come to the podium and name an address please for the record good evening madam mayor city council members my name is Donovan Clausen I live at 2301 O'Meara Court in the cul de sac of that Court you stole all of my my thunder i I agree with most of your data that represented my first question and maybe it's because I didn't have my hearing aids on is I didn't quite understand the improvements that you wanted to make I did hear overlay I did hear something about curbing I didn't hear anything about drainage or any other type of improvement did I miss something no with regards to drainage of what we are doing with the design is making sure that the new overlay is conducting drainage consistently with what it was before we're not proposing any extra drainage improvements with what we're presenting today okay in in the cul-de-sac that I live in there is one of the residents that has excessive water buildup during the springtime and during the summer rains enough water bills up where I told them if they had a boat they could sell their land as a lakeshore property and I was wondering if you were aware of that because Burnsville was out this year last year and I was wondering if that's isn't something we should take a look at are you referring to at the bottom of the hill off the end of the cul-de-sac yes yes can what that resident and a couple occasions including earlier today and her concerns I'm looking into I don't love I was being honest with her that we're not proposing any improvements there because what what happened she sent me some pictures and it did have flooding like what you're describing luckily it did not go in the home I clarified that with her and it was kind of related the flooding part was related to for her pictures and and what she told me that it does build up and I looked at the the contours of that latter it looks like the water would have to build up to get out so I am aware of it and at this point we're not proposing any improvements to address that because it's kind of a thing that's on private property that mirror court and that coldest act like most of the areas I think that are under consideration we do not have any curving the cul-de-sac was completely overlaid in the summer of 2018 and so it's been a year and a half and so I'm questioning whether that part needs to be overly it again after a year and a half we are proposing putting the overlay over there so that we can build up that section even a little bit more and get the service life that warrants an SS project okay so then a good so then the water problem will be taking a look at to along with that build up or not I'm saying please repeat that if you are going to overlay the overlay are you going to guess the way that at solids you're not really going to address the excessive water drainage during seasons of my ice melt or heavy rain but but you are going to build it up yes and we will make sure that the paving we do keeps the water going down to the point it needs to get out and we're not causing new I know it's a it's been a big big problem and I was just kind of wondering what if that was going to be addressed I understand from Molly is Molly ger nope Molly is not she's not here I don't have my hearing aids on I don't have my glasses I know you Elizabeth yeah so Molly did tell me about I was questioning how this is going to be paid for so now I understand the 60/40 and that we are under a contract contract number 20 - 103 and that contract is 1 million forty one thousand five hundred dollars I just took I didn't know that you're going to present the information that you did so I just took 40 percent of that amount came up with four hundred and sixteen thousand dollars which is a little bit more than what you came up with and I came up I took 40 percent of the 1 million forty-one and came up with 80 units and you said 79 so I think we're close enough so we're not going to bicker there as far as paying for this did you say 15 we have 15 years to pay for this after that period of time is at 4.5 after that or I didn't quite understand so you have up until November 15th to prepay with no interest if you don't prepay and we'd be put on your taxes for the next 15 years as installment payments at 4.5% interest okay so the only way I could get out of that if I go up Wow as far as then the cul-de-sac is concerned I guess we're going to leave it up to you that we are going to be even the coldest egg is going to be redone again yeah it'll give you the best product it'll hold that good okay okay well I want to thank you all for inviting us to this meeting we do appreciate it so thank you very much thank you for your presentation did it did a great job so so thank you yeah you all have a nice evening yeah Thank You mr. Clausen I'm not quite sure but I you think council member workman did you have a question for mr. Carlson oh okay council member Keaney thank you madam mayor a question mr. Clausen I'm sorry not for mr. Clausen for another name that's hard to say sorry first meeting I don't remember a time that we have done a millon overlay and then two years later come back and done this again I see by the google satellite that looks like O'Meara cork got done in the loop part of the coalsack but not the approach channel stretch yes the whole thing and that also as you pointed out builds up in the area of the Ring cul-de-sac to a thicker surface that will last 15 to 20 years where the Curtin Illinois really probably wouldn't make it that one yeah so the area that mr. Clausen was referred - was kind of more of like maintenance paving that's a wall thinner than regular overlay so I can't tell you it wasn't a 2 inch milling over no I just looked really good but it's not gonna last but yeah thank you the next person who signed up to speak is mr. Brian Williams mr. Williams please come forward you're also known varicolored good to see you yes that's true I'm Brian Williams at 2400 O'Meara Court and before I came here at this evening I took one final drive throughout the southwest areas that are impacted and it is true that especially when the road I was comfortable going 20 miles an hour in my car I wouldn't want to go any faster the same way was the Highland Drive however it's my contention that where a court does not need a new as you just suggested and that the the eastern half of the cul-de-sac has been redone and the western half the entrance half is patchable and I could very well myself buy some asphalt patch at Home Depot and go tap it in with it with a hand tamper so my suggestion is that O'Meara court be not included in me improvements thank you thank you is there anyone else who didn't sign up who wishes to speak yes please come forward and give us your name and address for the record good evening good evening I'm Carol Maier I live on 31:13 South Loop Road and I just had a question on the price because we've gone we've gone up two thousand dollars in those times we started and you said something about that it might not still be settled so oh I'm curious yeah what I want to know is can this price continue to go up so a year from now will is this the absolute highest it will be or can we add on another thought whatever so is this the cap amount is 5200 per resident is that the absolute amount it's gonna be or can this change again I would have to be honest it will depend on the final construction cost and how the bids come in so as I said before we will run an updated estimate when we get bids and send that out and council will be aware of that prior to contract award we'll put it in the background actually and so I can't promise I don't know what bidding will happen that won't go up our hope is we've kept it high enough that it won't and we will get that check in when we were kids okay then I guess my next question is is that you know as a homeowner we we said okay let's do it for this price and the price is going on significantly at what point do we as homeowners get to reevaluate this again because as it is right now it's getting close to double the price that we originally started mm-hmm so at a certain point if it keeps going up higher do we get to weigh in again or how does that work uh council member Keeley yeah I'm curious because I want to get a sense as to where the other number came from did we take a look at an estimate these repairs a year ago which was under our 6040 formula was coming out to more like three thousand ranges at what they are yeah yeah so in just over two thousand right and there was mr. smelly did note that we're getting terrible bids wait the opposite of what we got during the recession where we got thirty forty percent discounts against our engineer estimates now what's more like 30 percent thirty anywhere from whatever up to thirty percent maybe over engineers estimates so I don't know it's it's I know the statement was made that he was shooting high in hopes that we stay at that or come in under but it is an unpredictable short labor market so I think your your concern is valid may be my point is that we kind of signed on for it because this was the package right and at what point is it no longer the same package and it's kind of like okay do we get to yeah I will say if you if you were to you know if the bits came in X this year and and there was a decision not to do it next year x times one and a half is probably what's gonna happen it's there's no end in sight unless we were to do some offseason bidding which we're looking at doing but there's no crystal ball that that allows any of us to predict what that's going to be it's really just questioning though is at a certain point it's like when the we as citizens could just say oh I'm sorry that Road is just not affordable we don't want so mrs. Meier one of the things that will happen is that staff will bring back the bids now if you went away in at that point and say you don't want the road fixed then all of you have to decide that you don't want the road fixed and then you have to live with the road that you have you know we have as you know throughout the years we have worked with all of you to do what you want right yeah and as you heard not only from mr. Schmeling but also from councilmember Keeley that the Blitz that have been coming in are a lot higher than what our engineers estimates were no and I understand so it's what we're ordering tonight is we're ordering the improvements and the plans and specifications and to order the advertisement for bids that's what we're doing tonight for Southwest Burnsville now until staff goes and puts out those bid packages we don't know right and so when the construction companies put in their bids you can certainly see them like the rest of us and staff will make a recommendation as to move forward or not no we don't move forward let me tell you something understanding things that we've been working on prices don't go down I can tell you that on five and thirteen and working on that project and we're trying to put money together start it at about 13 million dollars we ended up with 43 million dollars for that so what I'm trying to help us all understand that's cost that is out of our control that is cost that is driven by the market the labor market the materials and all of that so they calculate all of that and then they bring it back and I'm hoping then John and his team and everybody has a good handle on that but it's like sometimes there's unforeseen things and it's so it's kind of like at what point well well they'll put up the bids and it'll come back to us and mr. Schmeling and and Miss des rude will get that information out to let you know that the bids are in and that we're going to vote on the bids okay so we will be notified oh absolutely oh absolutely okay thank you yes yes and this is how public works director mr. Peterson a couple things is the city's paying sixty percent of this yes so if the project comes in terribly high we're gonna have similar concerns to you we did on a couple park projects we've been last year we didn't accept me visit and we read them this year earlier and then we did get better bit so it's not unheard of to reject bids if they if they come in we don't want them but we will be evaluating them as much as you because if the costs are too high it will affect our programs going down the road I just want to clarify you were here for the consent agenda the bid process typically is an item on the consent agenda there is no continued public hearing you're more than welcome to follow along but there there isn't separate I just want to clarify there is no separate notification that the bids would go up out to the neighbors but I think your schedule indicated when you are lately planning on considering award a bid me you know if you want to be notified we certainly can do that no to be notified yes and and as mr. Peterson spoke to 60% of that is each and every one of us in the city of Burnsville is paying for that so that we need to also understand because we have other projects that also need to me yeah so I guess I I personally would like to be notified so okay mr. Peterson and then I'll go to Michelle's um I would I would just request Don's got a whole lot of things going on if you would be willing to call him to figure out when it is boys that'd be my request just can we call a couple weeks before then very good time to Mary Schultz I was just asking for clarification on that process because it was my understand I'm consent agenda and then yeah so I I felt a little unclear on that as well on when residents would be notified and when they could weigh in on that so mr. schmuely so Jen and I had talked in advance and we feel that it would warrant sending an intermediate estimate letter to the citizens of Southwest Burtonsville that way everyone yes my everyone knows yeah and we're happy to do that very nice Thank You mr. customer workman thank you I was trying to help I think answer a question miss Maier was asking [Music] is there a process for unionizing well that has never happened in the past but however I think if a neighborhood came and said we don't want it and you know what is that cost gonna be but mr. Peterson you know the what the the city we've done have to evaluate yeah do we then we just go back and the policy still calls for if someone wants to petition for the work they could pay 100% for it so basically the way this went is okay if you want the city to pay 60% you're gonna we're gonna then be very much involved with the scheduling of the work and that kind of thing so not to be vindictive or anything like that but if it if someone everyone came in and said no we don't want this up we don't want you know we could say no we're not okay that's why we're and I can do it but don't expect the city then to come back in three years right exactly so that sounded like that was a question I was yeah because right now it's a partnership and the city is saying we'll pay 60% and you pay 40 now if you come in and you say now we don't want it then the next time when the roads get really bad and you say no we want to have a overlayed then it's a hundred percent cost to all of you and not to the rest of the citizens of Burnsville so that's that's where it goes back to it falls back to that yeah uh councilmember Keely thank you madam mayor well I remember distinctly a couple years ago walking Loop Road during campaigning and I found it very very poor shape and so and I I kind of look at it as a burden hand yeah it's a little expensive but it's not as expensive as it used to be I was an advocate and I'm glad that we changed the policy in southwest to share cost because I didn't find any logic in property owners paying a hundred percent but there was a controlling your own destiny feeling by most of the folks who live out there and so I guess it's a trade-off how much control do you want if you want to pay the whole bill or give up a little bit when curbs or suggestions of curbs and some improvements come into play by this will certainly dramatically improve that road and I just did a quick calculation because I can look at things as if I'm paying out of my own pocket like if I lived out there it's always been my dream to live out there but I'll never ill afford it but I went on a mortgage calculator for 15 years at four and a half percent and it's $40 a month or 480 dollars a year over 15 years that's probably what I would do is as finance it that way but there's a pretty significant improvement to the road for that money and so it seems to me like a pretty good deal and if you do wait even if we didn't change that model the price is gonna go up until we hit another recession and contractors start to you know feel feel the the pressure of not enough work right now there's more work than they can handle and they're scrambling at best to get to everyone and so the bids are coming in that way and hopefully that wasn't an omen for the next recession I'm just it happens if you look historically these like cyclically come around you know this is a this is a good time to get it done because the price only goes up as each year comes around so that's my advice but I understand it's your area in your neighborhood and there's unique governing documents and ordinances and in your neighborhood so my advice cousin Mary Schultz so another point of clarification when you say if they reject the bid for that road like residents they're just like nope not happening when you're talking about then they would have to go to that hundred percent rather than the 6040 are you saying for that entire area or are you saying only for that road mr. Peterson um if let's say we got a bid and then we the city decided the best no to the city move forward but there was one road that really didn't want to be included are how would we exactly take that up we could negotiate with the contractor to say well are you willing to take out this particular section of the road of the contract and just complete the other two or you know I'm saying so we probably wouldn't be able to respond exactly that evening but we would likely be able to attempt to figure out whether they could honor the rest of the contract with reduced volumes of asphalt and that kind of thing so what I'm saying is is we could still likely move forward the contract but then you know I would say that the road would then basically wouldn't be back on a schedule for replacement but yeah we wouldn't we wouldn't say that we couldn't do any improvements out there because one street No was auditioning we don't want to ever be done okay yes cousin Maya Schultz so like this sir this are you guys okay with us looking at getting those bids and do you feel that you understand the process and everything we're yeah yeah I think you they've they've been engaged for you since 2017 like there's 2017 yes okay thank you yeah is there anyone else who wishes to speak or are you all okay did you want me yes yeah come forward yes my name is Gary Emerson and I live at 12:17 circle I Drive and I have kind of a concern on circle I Drive there when I've been living there since they widen Conover five to five lane or six lane or what everybody decided they were gonna do with it and when they when they did when they did that improvement did that work on con road five the approach from from circle I Drive to Connor would find the be inclined it considerably I mean it was so now we have all this water that's running off of County Road five down there and then I'd leave them on the side of the circle where the hill is and I have sometimes they wouldn't we have melt or rain or whatever it's like a liver going down there and they they have two drains that they installed down there that kind of I get the bottoms of that approach to Connor alive but it does not do the job I don't know they're out there all the time looking at it and I don't know what needs to be done but I don't know if the I talked with the just one of the I think it was a hit survey or whatever was surveying work all through this summer and you said it was it was one of the concerns that we needed to mention and that he would say something about how if you said anything about it yeah I've heard from him on that is that a county project cuz it's on County Road five well I also to that the catch basins on the road not far from there also or prone to some flooding but I've also talked with other residents out there that didn't seem to think it was a big issue on that part but we're not proposing to do anything with those catch basins right on the county side that you're referring to I'm willing to take a look and I don't know all the details off the top my head of what's there well it's it's right there on the part of circle I Drive after you turn off at corner lead 5 down at the bottom of the approach to corner would find down at the bottom I'm sure the ones on Circle high Drive not the one that live next to County five yeah and there I have heard of that flooding some but we're not proposing any improvements there I'm not sure the history on when that storm sewer was put in looks newer but maybe they actually put two in there and they don't still don't do the job there's you have a heavy rain or you know what that when they incline that approach to Konya or five officer go high now you have all this water that's running down that hill and down the hill pass my house and all it just can't take it right word those dreams are they need to do something like I said we can look at it again I I don't foresee us proposing any pipe changes if there's something we could do with the road grade a little bit maybe we could to consider that as just a tweak in the design but we're not proposing any storm sewer governments also the there's a on both sides of my street on that on that side of this circle there are kind of sort of curbs and between the water taking the curbs out and the graders the plumber guy is taking the curbs don't think that's something that needs to be addressed to talk about the asphalt curb that comes up to the concrete curb on the catch basins there's no when you're coming down on my side of the circle where the hill is and we have we have temporary or whatever they call them not not actual what are they call me left flu yeah let the water off its the curb their partial curbs or whatever they are when they do like that and they have they they keep on foot having to put them in because the other the snowplows take them out or the rain takes longer so I don't know if they need to put something put them in wider there or put it in thicker there or let me I prefer to give you my card so we can discuss this in detail so I can look at it maybe you can have an appointment to go out and have a conversation out on our site and so okay thank you that I think that helps a lot rather than trying to describe things and it's better for to be out there and having and seeing it together and now I saw another hand that went up yes please come forward and give us your name and address for the record good evening I'm a damn store 11:08 circle high drive and been there since 1976 very anxious for the improvement on the road I'd like to know what the procedure is for over layman firms for us I mean as far as we have access to get in and out of our houses and how long does this procedure take since it's a circle drive we just have one way about mr. smiling yeah with an overlay you generally keep access to your home exact time frame but if I had to pay get it probably he's going to take six weeks on each area they do because they'll come in first do the patching removals patching then do the overlay so maybe roughly six weeks in each area and you keep access the only time you don't is there's always like what's the paving right in front of your driveway then yeah there will be a short time 15-20 minutes while they're rolling that you kind of got to stay away but in general you'll have access there pretty non-invasive as projects go just was unclear and all that worked out and you know mr. strober just make sure that if you have questions our staff is very happy to answer any of those questions if you're going to have an event and they're doing the work out there we make accommodations for all of that as well you're very welcome ok anyone else okay very good thank you I will now close the public hearing members of the council we're asked I need four votes on this one to order the improvements and approve the plans and specifications and order the advertisement for bids for the 2020 Southwest Burnsville street improvements council member workman makes the motion a second by Catherine Bertini all in favor please say aye opposed say nay and the motion carries we'll continue to keep you informed the next item is the PNR C work plan and this is to approve the 2020 parts a natural resource work plan presenting this evening is miss Jenny Newman the chair of the PNR C good evening miss Newman good to see you good evening council and madam mayor thank you for having me here tonight to talk about the PNR see a work plan so first of all I'd like to review our list of five annual activities that we review on an annual basis I won't necessarily read them off to you because I'm sure you've heard them a few times before I didn't know background as well but I will say that the first the capital improvement plan we did review On January 6 and we provided unanimous approval for the staff to begin working on that plan so we're very excited about that and hope that we'll continue to see updates on that so now the exciting newer portion of this are the special projects which you know either staff of my fellow commissioners or even you as the council have provided some direction to look into further so I'll go through some of these and then if you have questions feel free to ask I won't necessarily go through each of them so if there's one that catches your attention feel free to call them out so the first one in here with the Lake Marion trail so we will be reviewing kind of those final design plans for the the south segment as we continue to expand our trails around Burnsville the second one on here is the Lachlan bond nature play area so we had great success with the West Terrace oaks nature play area and we hope to expand that to other residents with in Burnsville I know my kiddos definitely enjoy that so we're looking forward to continuing to expand that you also see here the parks frameworks plan last night we had a great presentation by staff in terms of some of the additional ideas that we have to continue to make our parks sustainable to continue to you know increase the nature areas within the parks make sure that we're providing good access to those different amenities that type of thing so we'll continue to refine that and continue to work on different options for some of those different parks as we work through that plan there and then of course you know the Nicollet Commons Park is often used for the water feature there so we're continuing to work with staff in terms of what that rehabilitation project looks like so we can continue to not lose water in that particular feature which has been a problem over the past several years the second area here so you know we have the sustainability plan that we continue to review and refine we want Burnsville to continue to be a sustainable city as people look to live here and then also as you know many of our residents here continue to be invested in making sure that we're we have sustainable practices other things on here including the County Road 42 which is always a large topic for any of the residents in Burnsville and how we continue to make some additional parks or natural resources those types of things as we look at expanding and moving forward with some of that work other things on here are just more updates it was like the emerald ash borer which continues to be a problem within our great city you know the scheduled and program recreational uses of our parks horror parks being used how can we continue to make them even better for our residents and then of course the invasive species management and Parks buckthorn continues to be a problem and there's many other invasive species that we continue to want to you but close eye on and lastly on here with the work done by the river we've heard some concern about whether or not there's increased opportunity for pollution in that particular area so we'll be reviewing that to make sure that we're keeping a close eye on that area to ensure that we're not influencing that area with any additional pollution so with that but that is what I have for a presentation but I'll stand for any questions comments or any further direction that you'd like to provide question well I was interested on the bats and Burnsville so um you know I know we went to the Deer Management Plan and the geese management um tell me more about the bats yes so there was some interest in set impacting our parks so you know bats um often are resources to continue to manage bugs you know mosquitoes that type of thing and as we continue to see some of the different funguses that impact some of our bat species our Commission was really interested to see how can we help with that how do we ensure that those bats don't become impacted because that obviously impacts our entire ecosystem that we have in many of our parks and we continue I think there is some anecdotal suggestions in terms of not seen as many bad in the parks as we normally would when you're taking those Twilight trail walks that type of thing so really that is an area that we just like to dig into more to understand what the impact is and if there's anything that we as the city of Burnsville can continue to do to help our little ecosystems that are at the parks yeah excellent thank you that's that's informative Thank You councilmember workman thank you comment a question this looks like a lot of fun hey we have the goats is there still gonna be some focus on natural Prairie plantings yeah I think that's a great suggestion and that was actually covered last night in the parks frameworks plan specifically about some of those areas that we have turf grass today that aren't utilized in probably you know not everybody is out there playing ball or catcher that type of thing and learning how we can identify some area for that but then also start to convert other areas that aren't used as much into some more of that native restoration area some of the other suggestions last night also included how do we gain access to those areas right how do you continue to maintain a trail through them so that you can go out and enjoy that in areas that it would be large enough so I think some of that is baked into some of these other special projects but if we wanted to look at it additionally we definitely can we also have some amazing programs here in Burnsville in terms of some of the rain garden and the prairie restoration those types of things so we know that there's a lot of work being done there outside of our own commission to continue to increase that type of natural habitat for those those species and we still have the sales of all of our native species that not only do we have that program but we also do the trees that continue to reforest our our city councilmember kini thank you madam mayor nice presentations thank you I want to touch on what are your special projects because it's something I'm working on as part of my transportation work in the 35w Minnesota River Bridge bike crossing I'm sure you're well aware that we have a flood problem yes and the black dog trail is not above the floodplain right well at least the 100-year floodplain which makes the access points on and off the bridge from Bloomington side and our side also under water if we have another flood event not if we're we're working really closely and Ryan it's very plugged into all of this with the some members of the Viking community I'll count myself and my wife in that Viking community because we like to get on the bike and take trails but when the trail is closed most of the summer it kind of we lose out on a access to one of our nicer trails in Burnsville with the black dog so we are there's a lot going on in that and I want to start looping in councilmember Schulz because I just realized that she's over the parks and Natural Resources Commission so I apologize for not looping you in emails but I think you're getting it from city manager Melanie anyway but we're we're working there's gonna be a lot of forces at work to try and get some things resolved so that can remain open even if there is a flood event but it's gonna take a while you want to work on that but I appreciate the parks Natural Resources Commission being involved and monitoring that working toward that as well and I think we have a vested interest in terms of how can we use those parks you know more frequently is there a way that we can we can potentially have some input in terms of how that looks and how we can access and and what that looks like right we don't want it to be all paved trails because that's not great for our natural resources but on the same token making sure that we have an ability to overcome some of the flooding is always incredibly important because those hundred-year floods are no longer 100-year floods they're more like every other year at this point so it is can continue in that way I just I just met with our county commissioner mr. workman and talked about this and she noted that she has a new bike that hasn't gotten a lot of miles on it and she'd like that trail the stage opened to he's now beginning to work from the county perspective on helping because that's part of the county's master trail plan so this new one thank you so much and thank you to your colleagues for the work that you do because when you do your work makes our work easier and so I thank you for all of that and just looking at what you do on a on an annual basis and I really like all of the work that you and our staff have done with the parks master plan and looking long-term so thank you for all of that and all of the new projects that you have in place and you do have a full plate so please extend our appreciation to the members of the parks and natural resource commission and we thank you very much for your service to our community thank you so much I'd like to extend that appreciation to the staff too who really make it easy for us to to come and do some less work okay thank you very much for the time today yeah thank you so members of the council I need the approval and adoption of the plan move to approve okay council member shoulders makes the motion second by councilmember Keely all in favor please say aye aye opposed say nay and emotion carries thank you so much members of the council there are no other items to come before us this evening and a motion to adjourn is in order move to adjourn second it's a motion and a second all in favor please say aye aye opposed say nay and the motion carries good night and thank you for being with us you you