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 flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all we have announcements and we also have a our annual presentation from the Burnsville Community Foundation and we also have recognition of service from our members of the community who have served on our Commission's our announcements have to do with all of our upcoming meetings regular council meetings are scheduled for Monday August 5th 5:30 p.m. and now the reason why it's on a Monday everybody remember it's our night to unite on Tuesdays every Tuesday the first Tuesday of August of the year is when we have night to unite and where we go out into the community and celebrate our community and so that council meeting will be on a Monday our meetings are always on Tuesday so the next council meeting on Tuesday is August 20th and we have a work session scheduled for Tuesday August 13th and every one it is also that time of the year where we are in the midst of budgets we're always in budgets but when we really focus in and get prepared for adopting the levy and the budget in December so we have a review of our maximum tax levy and the our capital improvement plan that will be a Tuesday September 10th at 5:30 p.m. and also the Department presentations then we adopt the maximum tax levy on Tuesday September 17th at 5:30 p.m. we have a budget work session scheduled for Tuesday October 29th at 5:30 another budget work session on Tuesday November 12th at 5:30 p.m. and then we had to adopt the tax levy and a budget on Tuesday December 3rd at 5:30 p.m. and we invite the public to join us at all of our work sessions that have to do with our budget and all council meetings are held here in the council chambers and now it is going to be my pleasure to go to that side to receive a check from the Burnsville foundation and citizens of Burnsville every year the Burnsville Community Foundation raises money to light up our city in the wintertime and present with us is the president of the Burnsville Community Foundation my caleche and does the chief lighting who has been raising money for our heart of the city lights to light up our winter mr. Eden Laura and Edie I believe we've been doing this so I've been mayor for 24 years we started to the heart of the city in 1996 we did the opening of the Burnsville mark the burdens of a Parkway and I think that was in 1998 and then it's wooden 98 and that's when we started to light up the city and so gentlemen mike is yours well thank you very much mayor college council people residents we've worked hard every year for the last and I for the last six or seven years it is really the Guru of fundraising for our foundation when it comes to lighting in snowflakes now one penny is taken from the citizens it's taken for businesses and individual citizens who don't donate to our lighting the snowflake last 20 years it's been the j-team chairman of a chairperson of it and he's raised over almost three thousand three quarters of a million dollars seven hundred and twenty thousand dollars just for this project this is last year doing this for us so we have a new committee that has four people that are gonna try to do the work of one challenge anyway with that we are proud to present the city was a Czech again this year for $35,000 can we do it [Laughter] [Applause] and now ladies and gentlemen we have many wonderful citizens who volunteer and help us in the community and these are people who give up their time so that they can advise us and so this evening we would like to recognize mr. Christopher John for his dedicated service to the community in the economic development commission from July of 2013 to June of 2019 thank you Chris and we just move you over to a different Commission and so ladies and gentlemen we also want to recognize mr. Vince workman for his dedicated service to the community and the Planning Commission from July 2015 to June 2019 and so we kind of said you know you can't serve on the Planning Commission and beyond the City Council is there anyone else who can okay we have others who have served us well but they're not clear this evening so we will contact them and thank them for their service and now we move on to citizens comments this is the opportunity for anyone in the audience who wishes to address the council and an item that is not on the printed agenda and not an application form that will be coming before us at a future date is there anyone who wishes to address the council anyone who wishes to address the council seeing no one we will move on the Nexus for emergency items only and the this is additions to the final agenda miss Moscone no additions madam mayor Thank You members of the council thank you and then we 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 the consent agenda can be pulled for a separate discussion and vote is there anyone in the audience who wishes an item and a consent agenda to be pulled for a separate discussion and vote anyone miss McCauley no madam mayor thank you members of the council may I have a motion please second there's a motion and a second all in favor please say aye opposed say nay and emotion carries we are now on the regular agenda in the first item and the regular agenda is the application of the Church of Mary Mother of the church of bern snow for the conditional use permit amendment to accommodate a parochial high school within the existing building at 3333 Cliff Road East we are asked to approve the conditional use permit amendment and to adopt the findings of fact and okay thank you so members of the council with this application and Mary Mother of the church is requesting an amendment of their existing conditional use permit for religious assembly to include a separate use of a parochial high school and at their building in the r-1 single-family zoning district at this time the proposed Catholic High School intends to utilize Mary Mother of the church's existing classroom space as an incubator for the startup high school a conditional use permit amendment was necessary to establish the use at this location and the applicant worked with staff to choose a time or a trigger and which a thorough review of the impact of the new school would be necessary by further amending the Cu P there was discussion at the July 8th Planning Commission meeting regarding the appropriate time to further amend the CEP to review this impact the applicant noted that the existing space will be used over the next year's as they determine if it's a suitable long-term home for the parochial high school and and did not want to be forced to make that decision prematurely so after discussions discussing possibilities with the Commission staff and the applicant the third condition and your report was revised and the Planning Commission recommends to the City Council approval of the CEP with a change to the third condition to note that the CEP will be further amended at a time that 200 student enrollment is reached or after five years whichever is earlier so this Planning Commission recommendation is what has been included in your report and I can answer any questions if necessary miss Arnold and forgive me for stumbling over your last name I knew Sarah was in my head and you know that I always am very formal and at our meeting so forgive me so members of the council any questions for Miss Arnold with regard to this conditional use permit and I think the Planning Commission did a nice job and looking at everything and saying okay 200 students or five years when we revisit it and will that also be the time that we do the sir adopt a plant the plant there's a condition that a plat would be required for an expansion or an addition to the building okay so it doesn't have to do that at that point not at that time okay very good any other questions if not a motion is an order please I'm to accept okay councilmember Schulz makes an ocean second by councilman bikini all in favor please say aye opposed say nay and emotion carries congratulations yes and we wish you success how many do you have an enrollment right now I know it said twelve you come to the podium so that our residents at home can also and give us your name and address for the record I know who you are but I don't think my colleagues and others know who you are sir my name is Tom Bengston and I'm sort of the lead volunteer on the unity high school project and we're very excited about being at Mary Mother of the church we've you know we're aware of a need for a Catholic High School in the South metro area and Mary Mother the church emerged as a very great location to incubate a school so we're starting just with ninth grade it'll open up on September 3rd each year we'll add a grade until we have 9 through 12 and we think the potential is there for a sizable school and so we're just grateful for your support on this and thank you Mary for your support on this as well thank you okay best wishes okay I will now recess the Burnsville City Council meetings of the Economic Development Authority meeting can convene president Gustafson thank you madam mayor I've called a word the economic development authority please show all commissioners are present are there any additions to the final agenda seeing none we'll move on to the consent agenda I need a motion for consent motion second in a second all in favor aye and approved we move on to the regular agenda and that's a review of building materials for timber stone LLC providing directions of staff regarding possible amendments to addressing building materials in the development agreement with timber stone LLC and there's a few other things in here as well beside building materials I saw in the background all right mr. Dean house Thank You mr. president last week at your work session council expressed some concerns that the building materials as presented it to the Planning Commission on Monday night we're not the what the council perceived will be the building materials were verbally presented at the EDA Council meeting on June 18th so you've directed to bring this forward for your discussion of the building materials council also requested a memo from Ehlers our financial advisor regarding their analysis of the TIF district creation and the business subsidy and whether or not it met the four tests that memo is included in your background counsel also requested a comparison of 20-year taxes for the proposed eighty-one thousand square-foot building - the business subsidy versus a forty one thousand square-foot building which is what would be built without the additional site work to maximize the site that has been staffs recommendation mr. president and commissioners is to not amend the agreement to include enhanced building materials the reason for that recommendation is the current project meets or exceeds the building material standards in the zoning district the other reason for that recommendation is that building materials are not an eligible cost for TIF and TIFF is going to the site prep work not to the building materials if the EDA does elect to amend the contract staff would suggest that you come up with the exact building materials you require the exact percentage of those building materials and the exact percentage of the class so that we do not have future confusion or perception issues when the building is built the developer is present to answer any of your questions regarding the building materials representative of elders is present to answer any of your questions regarding their memo and a representative Kennedy engrave and the EDA legal counsel is here to answer any of your questions regarding the development agreement and staff would also stand for any questions Thank You mr. president you this came before us tonight after we had approved everything previously and we saw some renderings of the building and some concerns I were being heard around about the building materials in that and that's why we wanted to talk about tonight and I feel remiss in the fact that we should have probably talked about that a few weeks ago and I take that on myself for not doing that I know Commissioner Schultz tried to get us to do that and we did not do it so I apologize to you for not carrying that out but before we get started any more I just want to talk to have the rest of the commissioners give me their opinions of where they're at right now before we go further with the building materials and then we can move on to the contract after that president thank you based on conversations I've had since I expressed my concerns I would ask that the applicant come forward and maybe give us a little preview of of what we might have done that night have we taken counsel Commissioner Schultz's advice to be able to fill in the blanks on the design materials we hold off enough until we hear from everyone else any other commissioners conversations with staff since our meeting some of the questions that I had essentially been answered and so uncomfortable mr. Allen would you care to join us up here at the podium please sure I would say this is the first of my career but uh happy to be up here what's your questions could you point out some of the quality intrinsic set you're putting in this building yeah I guess first what I'd like to do the sense I guess there's been some questions about inconsistency in representations which I take pretty seriously because I think integrity is important I would hope it's important to you but it certainly is important to me is that on March 21st we gave the city the renderings for this building in a thumb drive we gave him again in April 12th we gave them again on June 20th and we gave it again on July 11th in that timeframe nothing on the elevations of this going changed nothing was substituted nothing changed and so suggestions that there is a change or a misunderstanding relative to what we presented is totally inaccurate now the building itself is a pretty spectacular building I think I know after building three and a half million feet the columns there flanked the 18 feet of glass high on the corners and in the center are 8 feet wide 24 feet high made of Kasota stone Kevin could you bring up a piece of the Kasota stone we're not talking stick and pick we're talking stone mined at the coast owner pit in in Kasota not little bricks because sort of stone don't have it on this building I mean you tried to make that Kasota stone look with the yellow brick but you didn't put the Kasota stone on it that stuff was on the same building that I referenced that we did and friendly which I would point out that facility was nominated by the city of fruit Lee for one of the best industrial buildings in the metropolitan area last year and was one of the four finalists for that award so you have columns of that material top wood brick eight feet wide 24 feet high 16 of them up against a precast panel that cost me 20% more to match because I want the color in there on the building I don't know of any other building in the Twin Cities other than the building I built Fridley that was nominated for one of the top industrial buildings in this entire metropolitan area last year that has Kasota stone on it I do know that tronics can't afford to use it and they put it on their headquarters but I don't know of another industrial building in the metropolitan area that has it it's expensive the cost of just putting it on the building on this building on your gateway where we used to have a ram sack hotel that has sat vacant for years the cost of just installing the stone is $200,000 you are given me in TIF roughly 3.7 percent of the what I'm gonna invest in this project I think this building is gonna be spectacular it's gonna project exactly what you want and then I want we want the same things there is nothing I'm doing to cut corners on this if I were cutting corners I would and somebody asked me to give you copies of buildings that might represent a typical industrial building that we've done in other metropolitan other cities in the metropolitan area and they'll catch it okay well that's what you technically see if industrial buildings throughout the metropolitan area you don't see Kasota stone you don't see piers turn around there you go we just completed this billion immigrants didn't get any TIF there doesn't have any brick doesn't it certainly doesn't have any Kasota stone doesn't have eighteen feet of glass flanked by two columns flanked by another 8 feet of glass flanked by another set of columns there's another picture of it here is a shot of the entryway as it looks at the fruit Lee project without the flanking on the side of it but you can see the glass goes the entryway is dramatic it's a curtain wall it's a so much glass and I can't install it without structural beams to hold it up and so when the suggestion is you want to see upgraded material I knew you'd want to see upgrade the material on this site when I suppose I did it in March I projected this facility to appeal to corporate users you know I build these properties because I understand after three and a half million feet what leases and what the users are we're going after they're not its economic zoning my users aren't the people looking for the lowest price product in the marketplace my users are the corporate 500 cut type companies who want image they want to have a hot in 100% location and they want to be in a product that's corporate they don't want to be in some looks like a shopping center and they don't want to have anything that has doodads on it that is gonna not age well with time they want to have something that looks and I refer again to the Medtronic's headquarters that's what we're putting up here we could have painted panels you've got a lot of that down on the riverbanks just bought past this project and around the Metropolitan around your entire community but we went with a aggregate panels those panels will never have to be painted they'll always have aggregate and the specific panels aren't upgrade from even aggregate because I have to do that to match to Kasota stone the mullions on the property are custom it's not a bronze volume it's a platinum mullion that's a special order to give us the same aesthetics against the Kasota stone and so I guess in a nutshell what I'm trying to say is you want the same thing I want this projects already got it I can't do any more when I came to you in June and you've moved ahead and I said two things I said I need to move on it but it's going to get in the ground this year and if you don't want to give me TIF I'll put the site up for sale you approved the TIF package we moved on that immediately when the last two and a half weeks or three weeks we've moved 20,000 yards of dirt into this site we've built the site up if you haven't been there we're ready for footings right now as soon as we get a permit we ordered the panels there's nothing I can do to change the panels I guess I forgot also to mention my class package on this building is two hundred and five thousand dollars I would normally spend about eighty or eighty-five thousand but I've got curtain walls I've got glass around the perimeter top I've turned the corner on the south end and put pillars and glass there as well because I know the image is going to be not only important to you but more important to the user who's going to take a look at it so in my career this will be the type for the first nicest industrial building I've done so anybody questions that show me a better one I mean I'm doing it in Burnsville because I've had an outstanding relationship with this city and I'm and I want to continue that you know but we are giving you an opportunity to replace an eyesore with something that's going to be very proud and and instead of people driving down 35w to go to Lakeville or a touch turn and go west to savage or Shakopee we'll have an opportunity for a state of the art office warehouse that has a corporate effect feel to it rate in this community and I haven't swung and missed in a project in Burnsville in 25 years I don't intend to make this the first one it'll be the most expensive building I've developed in this town but it's also hot and 100% thank you first of all I don't believe anyone of this council thought we heard inconsistencies from you at all I think if there was inconsistency as when I are thinking of what we thought it might look like because we never saw those drawings they were not in our path they were not in our background the night we made the decision that being said we're not questioning you as a developer and the quality building you're bringing to us it was a discussion that came about because we were a little bit surprised by the renderings because I had quite frankly had a different perception of what it might look like and I don't know exactly what I thought it was gonna be a be honest with you about that and I should have delved in a little bit more and we had heard around a few other people who had some of those same thoughts and that's why we're talking about it and so it's not questioning your integrity or the quality work they're doing or the building or anything like that that's now it doesn't all about but you know again it's difficult for me to say is what were you thinking them because I've done a lot of these and this is as nice as I've ever done because I know exactly what you were expecting on that gateway site and frankly it hasn't been developed this site hasn't been available since 1963 or four it's it's a great opportunity for me it's the second third site I've had with visibility like this one is on Dodd Road and through 494 the other one is the one we won the award nomination for last year and freely on six ninety forty sort of a row and this site and I'm not so sure that this isn't the best site I've ever had I'm not gonna screw this up and I guarantee you we will have people fighting to get in this building the phone's already ringing because they see activity there and you should want it as well I mean this is an opportunity for a community largely built out to put an offering out there that you don't currently have I'm gonna I said no to a lot of different tenants that we don't have and so I think it's a great opportunity in fact if I were investor sitting in your shoes and saying I can I only put three point seven percent of the total cost of this project up and I can have a tax base that's going to generate in all probability almost two hundred thousand dollars a year I'd say I've been doing a pretty good job for the citizens of Burnsville you won that point in June yes why don't you see another commissioners your thoughts on building materials commissioner council Thank You mr. president and mr. Allen thank you very much what we acted on when you were here last time was the TIF and that's what the item was about now we talked about the building but you have five of them in Burnsville and they've done very well and so I want to thank you for that your buildings have always been 100% occupied even during the recession so you've been a great corporate citizen in Burnsville and so at that time I trusted what you had said you were going to put up there when you talked about Kasota stones and and glass for the building and because I know the pride that you have on your product but we weren't looking at your product at that time we were only looking at the TIF and so we granted you the TIF and the chip that you're taking is a pay go so everyone needs to understand that it's Pago you get nothing until you pay the taxes and we give you the increment and the other thing that everyone needs to understand is that you're only asking what is by statute allowed and that is the retaining wall it's not having to do anything with the materials or the building itself the retaining wall the soils and the stormwater drainage system which you're going to have underground which meets helps us a great deal so I want to thank you for that as well and so with regard to the TIF I think that's we were going to be addressing the application that you that was heard at the Planning Commission but again you meet the zoning for that you're only here for a conditional use permit so I'll address that when we get back to the City Council meeting but members of the council I think it has more to do with regard to the materials but also the materials are not part of the TIF okay registers record it's Commission your materials look lovely I I have no problem with that whatsoever the reason why I say I don't care is eight number one it it's your property once you've purchased your property it's it's your property and as long as you aren't harming other people it's yours to do what you wish the other reason why I say I don't care is because you know your business and it's presumptuous for people in my position to try to tell you your business you know what you're doing whom you're trying to attract and how best to do that and if it doesn't work out for you well the market has a very very nasty self-correcting mechanism for that and you've been in business for a number of years so that's why I say in the best kindest way possible your materials look fantastic and I don't care go for it I'm excited sure Keeley I don't think there's actually a anything to make a motion on tonight Emily this is an opportunity for John to come back in front of us and sort of re-exploring explained but now we have some context and I appreciate you bringing those renderings of what a basic building would look like compared to the quality and physics and materials that you're putting in your building and I appreciate that yeah so I think the building materials are pretty much the little point right now we're gonna move on to the contrast I would imagine so mr. president yeah I think for staff because what don't things staff is asking for is there any direction with regard to making any amendments to the building material so as I'm listening there is there is no direction to staff and then I think that's where it is okay next is your contract the contract then we are through and thank you for coming again one more time I want to say we were not criticizing you in any way whatsoever I won't disappoint you I've seen other buildings I thank you and with that there's nothing else on our agenda so I need a motion to adjourn your motion and a second all in favor aye and I turn it back to you madam mayor thank you and we are at item 5c and this is to approve action of the EDA regarding the amending of the development agreement between the Burnsville Economic Development Authority and timber stone LLC since there was no action there is nothing to be ratified and so we move on and so I don't 5d therefore is the application for industrial equities group LLC for a conditional use permit for a retaining wall and a building height and landscape variance and for us to deny the sign setback variance for proposed new 81 thousand square foot office warehouse building at two-five-zero river ridge circle north we're asked to approve the conditional use permit for the retaining wall and the building hi and landscape variants and to deny the variance for the sign setback we're also asked to adopt the findings of fact miss Garros our city planner is presenting good evening miss Gareth's Thank You mayor councilmembers as wien indicated this application is really about two applications one is the conditional use permit and that's primarily related to the retaining walls anytime you have retaining walls in a side or rear of the property that exceed 8 feet and then also to allow building height to exceed 35 feet there are two variances one to allow for a reduction of the number of shrubs as per the ordinance and the other is for setbacks for freestanding side the subject site does consist of two parcels but it's primarily one site that will be developed in the conditions of approval we've indicated that those who need to be combined into one parcel and the site plan is on the screen showing basically the eighty one thousand square foot office warehouse building parking and then the retaining walls are primarily along the north side here and then along the west and there is one small retaining wall here the deepest part of the retaining wall is in this location it's about 13 little over 13 feet so that is primarily what is being requested as far as the exterior materials and to identify what mr. Allen was stating basically the areas that have the Kasota stone if you will are these areas that are circled and these are the columns that he was referring to the upper part is brick and then this lower part is the Kasota stone they do have the West building facade is what's going to be facing the 3 by W corridor and then the north and south elevations mirror each other so you again you've got additional areas the glass in terms of the West area you've got three entries three major entries and these are offset with vestibules and then there's a center one these are all facing west so they're all overlooking 35w yes exactly and then the south side of the building is is this way so with the major one of major entrances and a smaller entrance for the midpoint of the building and this mirrors than the north the only side of the building that really does not have any brick or stone if you will is the east side of the building which is all the aggregate base and that's primarily because it's loading docks and faces the side of another building they do have windows glass windows that are at the building as well the eye the exterior materials are identified on the plan basically again this circled part identified on the plan as their foreign split face stone and then split face stone banding and that is also those are both Kasota stone basically the way that they're indicated the floor plan is indicated primarily with the loading areas on the east and the their offices and then the warehouse about a 50/50 split in area and that is just the building height and with that I can stand for questions we do have the recommendation from the Planning Commission they recommended five zero to support the application and subject to the 14 conditions identified in the report and I can stand for questions questions for Miss Garris okay members of the council if there are no questions for Miss Garris before us is that the action to approve the conditional use permit the skate variants and didn't died as a sign setback variance and also to approve the findings of fact you do proof second councilmember Gustafson makes the motion second by comments member Keeley all in favor please say aye aye opposed say nay and emotion carries good luck you're very welcome and thank you and you are already starting with dirt being moved so thank you so much I know you've already pulled permits to start the activity on your site Thank You members of the council there are no other items to come before us this evening and a motion to adjourn is in order motion to adjourn second councilmember Schultz makes emotions I can't by councilmember Keely all in favor please say aye opposed say nay and a motion carries good night thank you for being with us you