CITY OF BURNSVILLE

Regular Meeting

July 6, 2004

 

The City Council of the City of Burnsville met in regular session at the Burnsville City Hall, 100 Civic Center Parkway, Burnsville, Minnesota on the 6th day of July 2004.

 

            The meeting was called to order by Mayor Kautz at 7:00 p.m.

 

            The Pledge of Allegiance was preceded by a moment of silence.

 

            Present:                        Cherney, Crichton, Daly, Kautz, and Workman

 

            Absent:             None

 

1.         Announcements and Proclamations.

 

            Council Meetings:                                        Mon., July 19, 7:00 p.m.

                                                                              Mon., Aug. 2, 7:00 p.m.

 

            Worksession Meeting:                                  Mon., July 12, 6:30 p.m.

 

            Governance Meeting:                                   Tues., July 27, 7:00 p.m.

 

            Recognition for Service on Advisory Boards:

 

                        Skip Nienhaus – Planning Commission

                        Chuck Shaw – Economic Growth Committee

 

            Presentation – Pepsi Cola and Marafie Foundation Donation of Automatic External Defibrillators (AED)

            Garden and Landscape Contest Awards:

 

Business Category:

 

1.                   201 E. Nicollet Boulevard  - Fairview Ridges Hospital

 

Apartment/Condo Balcony/Patio Category:

 

1.                   13007 County Road 5 – Kimberly Antonielli

2.                   12 Riverwoods Lane – Ron Kladt

3.                   13401 Morgan Ave. S. #132 – May-Britt Brown

 

Townhome/Condo Category:

 

1.                   12901 Morgan Ave. S. – Willoway Apartments

2.                   12900 Nicollet Ave. S. – Ridgeview Condos

3.                   301 E. Burnsville Pkwy. – Park Place Apartments

 

1.         Announcements and Proclamations (Continued from Page 1).

 

            Garden and Landscape Contest Awards:

 

Neighborhood Category:

 

1.                   Sunrise Lane Cul-de-sac - Deb & Reno Overson & neighbors

2.                   Krestwood Drive Cul-de-sac – Jan Howard & neighbors

3.                   130th St. Ct. E. Cul-de-sac – Del Delzer & neighbors

 

Single Family Category:

 

1.                   327 Maple Island Road – Burt & Marie Danelski

2.                   13713 Krestwood Dr. – Jan Howard

3.                   13711 Krestwood Dr. – Donna Revak

 

WOW!

 

1.         11111 River Hills Dr. – The Rivers

 

2.         Citizen Comments.

 

            Tim Ivers, 12205 Allen Dr. shared his concern regarding the odd-even water restrictions.  He talked about the non-compliance of his neighbors.  He said that citizens need to know that there is a watering ban and requested the use of media to get the message out.  Council consensus was to use ad media sources available to educate citizens that the ordinance goes into effect on August 1, 2004.

 

3.         Additions to the Final Agenda.

 

            There were no additions to the final agenda.

 

4.         Approval of Consent Agenda.

 

At the request of Mayor Kautz, Item 4C (Consider Application for Patrick Branson) was removed from the Consent Agenda. 

 

Motion by Cherney, seconded by Crichton that the following Consent Agenda items (listed as A-F) be approved as presented.  Ayes – Cherney (abstained from Special Worksession and Governance minutes of June 30, 2004 due to absence), Crichton, Daly (abstained from Special Worksession minutes of June 30, 2004 due to absence), Kautz, and Workman.  Nays - None.  Motion carried.

 

A.        Consider Approval of Minutes.

 

            Approved the Special Worksession minutes of June 21, 2004, and the City Council minutes of June 21, 2004, the Special Worksession minutes of June 30, 2004 and the Governance minutes of June 30, 2004 as submitted.

 

B.         Consider Approval of Claims Listing.

 

            Approved the listing of claims in the submitted amount of $10,181,295.39.

 

C.         Consider Approving Agreement with Center Point Energy for the Relocation of Natural Gas Pipeline on the Newton Avenue Project 02-322.

 

Approved the agreement with Centerpoint Energy Minnegasco for the relocation of natural gas pipeline on the Newton Ave. Project.

 

D.        Consider Approval of Operating Manager’s for Liquor License Holders.

 

Approved the following Operating Managers:

 

            Chipolte Mexican Grill                                       Kathleen Brenner

            Super America, 1900 W. Co. Rd. 42                   Jeff K. LeBaron

            Super America, 13500 Co. Rd. 5                        Gary W. Royal

            Super America, 12750 Co. Rd. 5                        Steven T. Lande

 

E.         Consider Stipulation of Facts and Civil Sanction and Findings of Fact for Alleged Liquor Violation for Chinese Gourmet.

 

Approved the Stipulation of Facts and Civil Sanctions and adopted the Findings of Fact.

 

F.         Consider Three (3) Resolutions Approving Premises Permits for the Burnsville Hockey Club for Lawful Gambling, Pull -Tabs.

 

Adopted the following resolutions, which will become part of the official records:

 

RESOLUTION NO. 5281

 

RESOLUTION APPROVING A PREMISES PERMIT FOR THE BURNSVILLE HOCKEY CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS

BENCHWARMER BOB’S SPORTS CAFE

 

RESOLUTION NO. 5282

 

RESOLUTION APPROVING A PREMISES PERMIT FOR THE BURNSVILLE HOCKEY CLUB FOR THE PURPOSE OF LAWFUL GAMBLING, PULL-TABS

BURNSVILLE BOWL

 

RESOLUTION NO. 5283

 

RESOLUTION APPROVING A PREMISES PERMIT FOR THE BURNSVILLE HOCKEY CLUB FOR THE PURPOSE OF               LAWFUL GAMBLING, PULL-TABS

NINA’S STEAKHOUSE

 

 

5.         Consider Approval of an Application for Patrick Branson for a Conditional Use Permit to Allow a Transient Merchant to Sell Fruits and Vegetables from a Gazebo Located in the Super America Parking Lot at 1221 East County Road 42; and Findings of Fact and Conditional Use Permit.

 

            Motion by Crichton, seconded by Cherney to table this item and direct staff to prepare an ordinance amendment to change the seasonal permit definitions to include fruits and vegetables.  Staff was also directed to issue a seasonal permit to Patrick Branson.  Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays – None.  Motion carried.

 

6.         Report on the 2003 Audit.

 

Cliff Hoffman, a partner in Deloitte & Touche the City’s audit firm, presented the 2003 audit report.

 

7.         Public Hearing – Consider Approval of 3.2 Percent Off -Sale Liquor License for Moscow Market, 2526 Horizon Dr.

           

The public hearing was opened at 8:07 p.m.

The Mayor declared the public hearing closed at 8:07 p.m.

 

Motion by Workman, seconded by Daly to approve the issuance of a 3.2 percent off-sale liquor license for Moscow Market, 2526 Horizon Dr.  Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

8.         Public Hearing – Consider Approval of On-Sale/Sunday On-Sale Liquor License for Leticia Flores de Gonzalez d.b.a. Maya Mexican Restaurant, 1400 County Road 42.

 

The public hearing was opened at 8:10 p.m.

 

            The following person appeared before the Council:

 

                        Steve Nelson -                          Representative

 

The Mayor declared the public hearing closed at 8:10 p.m.

 

Motion by Cherney, seconded by Daly to approve the issuance of an on-sale/Sunday on-sale liquor license for Leticia Flores de Gonzalez d.b.a. Maya Mexican Restaurant, 1400 County Road 42.  Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

9.         Consider Approval of an Application for Lintor, LLC for a Rezoning from HOC-1 (Heart of the City) to HOC-1, PUD (Heart of the City, Planned Unit Development), Preliminary and Final Plat Approval of a 15 Lot Subdivision to be Known as LINTOR ADDITION, and Concept and Development Stage Approval of a Planned Unit Development for Construction of 14 Townhomes to be Located East of Nicollet Avenue, South of E. Travelers Trail and North of 125th Street; and Consider Findings of Fact, Development Contract and Planned Unit Development Agreement and Ordinance.

 

The following person appeared before the Council:

 

            Bill Jorgensen -                         14750 Lac Lavon Dr., Prudential Realty

 

Motion by Crichton, seconded by Workman to approve the Planned Unit Development Agreement and the Development Contract and adopt the Findings of Fact and an Ordinance that will be published in the legal newspaper and become part of the official records:

 

ORDINANCE NO. 930

 

AN ORDINANCE AMENDING TITLE 10 OF THE BURNSVILLE CITY CODE, BEING THE ZONING TITLE OF THE CITY OF BURNSVILLE

LINTOR, LLC

CASE FILE NO. 04-19

D-04-29

 

Poll of Votes: Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

10.        Consider Request for Variances for Construction of a Porch at 1101 Circle High Drive for Thomas Burns.

 

            Motion by Cherney, seconded by Crichton to direct staff to prepare Findings of Fact for approval.  Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

11.        Continued - Consider an Ordinance Amending Title 10, Chapter 19 of the Burnsville City Code Pertaining to Incidental Sidewalk Seating for Food Service Businesses, and Authorize Summary Ordinance Publication, and Authorize Summary Ordinance Publication.

 

Motion by Workman, seconded by Daly to adopt the Ordinance as amended in items five and twelve, and a Summary Ordinance and authorize the summary to be published in the legal newspaper and become part of the official records:

 

ORDINANCE NO. 931

 

AN ORDINANCE AMENDING TITLE 10, CHAPTER 19 OF THE BURNSVILLE CITY CODE PERTAINING TO INCIDENTAL SIDEWALK SEATING FOR FOOD SERVICE BUSINESSES

CASE FILE NO. 04-12

 

Poll of Votes: Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

12.        Consider an Ordinance Amending Title 3, Chapter 15 Pertaining to Therapeutic Massage Enterprises, and Title10 of the Burnsville Zoning Ordinance to Make Housekeeping Changes to Chapters 6, 7, 12, 20, 21, 22, 24, 25, 26, 26A, 26B and 30, and Authorize Summary Ordinance Publication.

 

Motion by Crichton, seconded by Cherney to:

 

·         Continue the therapeutic massage portion of the ordinance (sections 1, 5 & 6) and direct staff to review Title 3, Chapter 15 Therapeutic Massage and bring it back for Council consideration

 

12.        Consider an Ordinance Amending Title 3, Chapter 15 (Continued from Page 5)

 

·         Adopt the Ordinance as amended, the summary ordinance as amended identifying the following changes:

o        Allows in ground swimming pools and sport courts to be up to 1,000 sq. ft without a conditional use permit

o        Prohibits the footprint of an attached garage from exceeding the footprint of the house

o        Requires a zoning permit for an accessory structure between 50 and 200 square feet.

o        Prohibiting carports to be constructed of temporary materials.

o        Prohibit portable recreational accessory structures, such as trampolines and play-sets from being closer to the front lot line than the principal structure.

 

and authorize publication of summary ordinance in the legal newspaper and become part of the official records:

 

ORDINANCE NO. 932

 

AN ORDINANCE AMENDING TITLE 3, CHAPTER 15, PERTAINING TO THERAPEUTIC MASSAGE ENTERPRISES, AND TITLE 10, CHAPTERS 6, 7, 12, 20, 21, 22, 24, 25, 26, 26A, 26B, AND 30 OF THE BURNSVILLE CITY CODE TO MAKE HOUSEKEEPING CHANGES

CASE FILE NO. 04-25

 

Poll of Votes: Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

13.        Consider Approval of a Wetland Permit Application for a Dredge Site Access Road at the Burnsville Sanitary Landfill.

 

            Motion by Workman, seconded by Daly to approve the wetland permit application for a dredge site access road at the Burnsville Sanitary Landfill.  Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays – None.  Motion carried.

 

14.        Adjournment.

 

Motion by Workman, seconded by Cherney to adjourn the meeting at 9:40 p.m.  Ayes – Cherney, Crichton, Daly, Kautz, and Workman.  Nays - None.  Motion carried.

 

______________________________________

Susan P. Olesen, City Clerk

 

Approved by the City Council of the City of Burnsville this 19th day of July 2004.

 

_______________________________________

Elizabeth B. Kautz, Mayor