Ethan Frome

CITY OF BURNSVILLE

Regular Meeting<= /o:p>

July 5, 2005

The City Council of t= he City of Burnsville met in regular session at the Diamondhead Education Center, 200 W. Burnsville Parkway<= /st1:Street>, Burnsville, Minnesota on the 5th day of July 2005.

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: &= nbsp; &nbs= p; Crichton, Daly, Gustafson, Kautz, and Workman

Absent: &= nbsp; None

1. Announcements= and Proclamations.

&nbs= p; Council Meetings: &nbs= p; &= nbsp; &nbs= p; Mon., July 18, 7:00 p.m.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Mon., Aug. 1, 7:00 p.m.

&nbs= p; Special Worksession: &= nbsp; &nbs= p; &= nbsp; Thurs., July 7, 5:30 p.m.

&nbs= p; Worksession Meeting: = ; &n= bsp; = ; Tues., July 12, 6:30 p.m.

Proclamation: National Night Out - August 2, 2005

&nbs= p; Craig Ebeling, City Manager introduced the new Public Works Director, Bud Osmunds= on.

2. Citizen Comme= nts.

&nbs= p; Katie & Betsey Daly, 620 9th Ave. So., Rochester, MN and Julia, Mary & Anna Larson= , 163 Elizabeth Lane advised the Council that they had picked up litter in Nicollet Commons Park. They shared their ideas about keep= ing the park clean and eliminating smoking including putting up signs and adopt= ing the park. <= /p>

&nbs= p; The Mayor thanked them on behalf of the Council for their suggestions.

3. &n= bsp; Additions to the Final Agenda.

&nbs= p; C. Ebeling, City Manager requested that Item 5 be moved to Item 8 to follow the EFH item. Motion by Crichton, seconded by Daly to approve the moving of Item 5 to Item 8. Ayes – Crichton, Daly, Gusta= fson, Kautz, and Workman. Nays - No= ne. Motion carried.<= /p>

4. Approval of Consent Agenda.

At the request of Councilmember Daly, Item 4C (Consider Findings of Fact for Denial for a Variance at 221 South Oak Drive for David Jeffrey Bowen) and at the request of Jim Cady, 14502 Chateau Court, Item 4D (Consider Extension o= f a Final Plat for GRANDVIEW COMMONS Located West of Good Shepherd Evangelical Lutheran Church) were removed from the Consent Agenda.

Motion by Workman, seconded by Crichton that the following Consent Agenda items (listed as A-E) be approved as presented.&= nbsp; Ayes – Crichton, Daly, Gustafson, Kautz, and Workman. Nays - None. Motion carried.<= /p>

A. &n= bsp; Consider Approval of Minutes.=

&nbs= p; Approved the City Council minutes of June 20, 2005, and the Governance minutes of Ju= ne 28, 2005 as submitted.

B. &n= bsp; Consider Approval of Claims Listing.

Approved the listing of claims in the submitted amount of $10,991,102.59.=

C. = Consider Approval of an Application for T-Mobile, USA a.k.a. Voice Stream Minneapolis for a Conditional Use Permit to Replace an Existing Light Pole with a 120 F= oot Monopole Cellular Tower with Antennas to be Located at the City Maintenance Facility Located at 13713 Frontier Court; and Consider Findings of Fact and Conditional Use Permit.

Approved the Conditional Use Permit and adopted the Findings of Fact.

D-05-28

D. Consider Approving the Transfer of Administration of the CDBG Home Remodeling Grant Program from the City of Burns= ville to Dakota County Community Development Agency (CDA).<= /p>

Approved transfer of administration of CDBG funds from the City of Burnsville to the CDA.

E. = Consider Adoption of Disaster Recovery Plan for Vital Records.=

Adopted the City of Burnsville’s Disaster Recovery Plan for Vital Records.

5. &n= bsp; Consider Findings of Fact for Denial for a Variance at 221 South Oak Drive for David Jeffr= ey Bowen.

Motion by Workman, seconded by Crichton to approve the Findings of Fact for Denial= . Ayes – Crichton, Gustafson, = and Workman. Nays – Daly and Kautz. Motion carried.

D-05-29=

6. &n= bsp; Consider Extension of a Final Plat for GRANDVIEW COMMONS Located West of Good Shepherd Evangelical Lutheran Church, East of Grand Avenue and North of 145^th = Street.

Motion by Crichton to deny the extension of the Final Plat filing deadline. Motion fails for lack of second.

Motion by Daly, seconded by Gustafson to approve the extension of the Final Plat deadline. Ayes – Daly, Gustafson, Kautz, and Workman. Nays – Crichton. Motion carr= ied.

7. &n= bsp; Consider Request for a Variance to the Shoreland District of = Twin Lake for an Addition to the Back of the Home at 150 Carriage Lane for Andrew B. Brown; and Consider Findings of Fact, and Variance.<= /o:p>

The following person appeared before the Council:

&= nbsp; Marie Brown - = ; &n= bsp; 150 Carriage Lane

Motion by Gustafson, seconded by Workman to approve the variance and adopt the Findings of Fact. Ayes – Crichton, Daly, Gustafson, Kautz, and Workman. Nays - None. Motion carried.<= /p>

D-05-30=

The Council meeting r= ecessed at 7:44 p.m.

8. &n= bsp; Regular Meeting of the Economic Development Authority (EDA).<= /p>

A Regular Meeting of the Economic Development Authority was held.<= /span>

The Council meeting reconvened at 8:01 p.m.

9. &n= bsp; Consider Approval of an Application for EFH Realty Advisors, Inc. for Concept and Development Stage Approval of a Planned Unit Development for Construction of Two Buildings and Concept Stage Approval of One Future Building to be Locat= ed at the Northwest Quadrant of County Road 42 and Judicial Road; and Consider Findings of Fact, Ordinance and Planned Unit Development Agreement.

The following person appeared before the Council:

&= nbsp; Gene Happe - = ; &= nbsp; EFH Realty Advisors Inc., 2999= Co. Rd. 42, #206

Motion by Daly, seconded by Workman to approve the Planned Unit Development Agreem= ent and adopt the Findings of Fact and an Ordinance that will be published in the l= egal newspaper and become part of the official records:=

ORDINANCE NO. 982

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

EFH REALTY ADVISORS, INC.

CASE FILE NO. 05-18

D-05-31

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

10. &= nbsp; Public Hearing – Consider Resolution Vacating a Portion of the Drainage and Utility Easement Located Within Lot 2, Block 2, ASSET EXECUTIVE PARK SECOND ADDITIO= N.

The public hearing was opened at 8:41 p.m.

The Mayor declared the public hearing closed at 8:41 p.m.

Motion by Workman, seconded by Crichton, to adopt the following resolution, which = will become part of the official records:

RESOLUTION NO. 5376

VACATION OF A PORTION OF THE CITY DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN LOT 2, BLOCK 2, ASSET EXECUTIVE PARK SECOND ADDITION

Poll of Votes: Ayes – Crichton, Daly, Gustafson, Kautz, and Workman. Nays - None. Motion carried.<= /p>

11. &= nbsp; Consider Resolution Approving a Business Subsidy Agreement by and Between the City o= f Burnsville and So= uthcross Commerce Center IV, L.L.C.

Motion by Daly, seconded by Crichton, to adopt the following resolution, which will become part of the official records:

RESOLUTION NO. 5377

RESOLUTION APPROVING A BUS= INESS SUBSIDY AGREEMENT BETWEEN THE BURSNVILLE ECONOMIC DEVELOPMENT AUTHORITY AND SOUTHCROSS COMMERCE IV LLC

Poll of Votes: Ayes – Crichton, Daly, Gustafson, Kautz, and Workman. Nays - None. Motion carried.<= /p>

12. &= nbsp; Consider Resolution Approving a Business Subsidy Agreement by and Between the City o= f Burnsville and Mi= dwest Volleyball Warehouse, Inc.

Motion by Workman, seconded by Daly, to adopt the following resolution, which will become part of the official records:

RESOLUTION NO. 5378

RESOLUTION APPROVING A BUS= INESS SUBSIDY AGREEMENT BETWEEN THE BURSNVILLE ECONOMIC DEVELOPMENT AUTHORITY AND MIDWEST VOLLEYBALL WAREHOUSE, INC.<= o:p>

Poll of Votes: Ayes – Crichton, Daly, Gustafson, Kautz, and Workman. Nays - None. Motion carried.<= /p>

&nbs= p; Gene Happe recognized J. Faulkner, Community Development Director for the great = job she did with these projects.

13. Adjournment.

Motion by Daly, seconded by Gustafson to adjourn the meeting at 8:45 p.m. Ayes – Crichton, Daly, Gusta= fson, Kautz, and Workman. Nays - None. Motion carried.<= /p>

______________________________________

Susan P. Olesen, City Clerk

Approved by the City Council of the City of Burnsville this 18th = day of July 2005.

_______________________________________

Elizabeth B. Kautz, Mayor