City Council Regular Agenda

Mayor Elizabeth Kautz Burnsville City Hall Council Member Dan Kealey 100 Civic Center Pkwy Council Member Mary Sherry Burnsville, MN 55377 Council Member Bill Coughlin www.burnsville.org Council Member Suzanne Nguyen CITY COUNCIL REGULAR AGENDA

Tuesday, June 7, 2016 6:30 PM Council Chambers

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CALL TO ORDER

PLEDGE OF ALLEGIANCE

1. ANNOUNCEMENTS AND PROCLAMATIONS Burnsville Community Foundation Presentation for Holiday Lighting Donation "I LOVE BURNSVILLE" 3rd Grade Essay Contest Winners Recognition 2. CITIZEN COMMENTS 3. ADDITIONS TO THE FINAL AGENDA 4. CONSENT AGENDA A. Approval of Minutes B. Approval of Claims Listing C. Adopt an Ordinance Amending Burnsville City Code Title 3, Chapter 1, Section 3 to Allow Growler Sales D. Approve Change in Operating Managers and Owners for Liquor License Holders at Several Locations E. Approve a Grant Application For An Edward Byrne Memorial Justice Assistance Grant (JAG) for Police Equipment F. Approve Amended and Restated Communication Site Lease Agreement with Verizon Wireless for equipment at Colonial Hills Water Tower G. Authorize Purchase of Fire Department Automated CPR Devices H. Approve Professional Services Agreement and Addition of Futrell Fire to Professional Services Pool I. Accept Petition and Waiver of Appeal Rights for Park Dedication and Storm Water Fees Assessment; and Adopt Resolution Certifying Assessment for Green Horizons, Inc. J. Accept Quotes and Award Contract for the 2016 Contract Patching Project (16-302B) K. Approve Plans and Specifications and Order Advertisement of Bids for the Keller Lake Stormwater Project (16-323) L. Authorize Project and Order Plans and Specifications for the 2016 Pond Cleanout Project (16-305) M. Approve a Joint Powers Agreement with Vermillion River Watershed for the Funding of a Feasibility Study for Lake Alimagnet N. Authorize Project, Plans and Specifications and Order the Advertisement of Bids for the McAndrew’s Sanitary Sewer Lift Station Rehabilitation Project (16-332) O. Approve a Contract for the Stump Grinding of Boulevard Ash Trees P. Resolution Accepting Bids and Awarding Contract for Advanced Metering System Installation (#15-311) Q. Authorize Project, Accept Quotes and Approve Purchase Agreement for Replacement Flooring at the Maintenance Facility REGULAR AGENDA 5. Public Hearing - Approve Renewal of Off-Sale, On-Sale, Sunday On-Sale, Wine, 3.2 Percent On- Sale, and 3.2 Percent Off-Sale Liquor Licenses 6. Appointments to Advisory Commissions MISCELLANEOUS ADJOURNMENT

The City of Burnsville does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the admission or access to, or treatment or employment in, its programs, activities or services. To obtain this information in alternative forms please contact the City of Burnsville at (952) 895-4400 or visit www.burnsville.org. CITY COUNCIL Item No. 1. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

ANNOUNCEMENTS AND PROCLAMATIONS

Regular Council Meetings: Tuesday June 21 6:30 p.m. Tuesday July 5 6:30 p.m.

Work Sessions: Tuesday June 14 6:30 p.m.

BACKGROUND Burnsville Community Foundation Presentation for Holiday Lighting Donation "I LOVE BURNSVILLE" 3rd Grade Essay Contest Winners Recognition

Staff Contact: Macheal Collins Department: City Clerk CITY COUNCIL Item No. 4.A. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approval of Minutes

POLICY DECISION / ACTION REQUESTED Approve the minutes of the May 17, 2016 Council meeting and the May 31, 2016 Special Work Session as presented.

RELATED ENDS & OUTCOMES STATEMENT(S)

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner

ATTACHMENTS: Description 05-17-16 City Council Minutes 05-31-16 Special Work Session Minutes

Staff Contact: Macheal Collins, City Clerk Department: City Clerk CITY OF BURNSVILLE Regular Meeting Minutes May 17, 2016

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 17th day of May, 2016.

The meeting was called to order by Mayor Elizabeth Kautz at 6:30 p.m.

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

Present: Coughlin, Kautz, Kealey, Nguyen, Sherry Absent: None

1. Announcements and Proclamations

Regular Council Meetings: Tuesday June 7 6:30 p.m. Tuesday June 21 6:30 p.m. Work Session: Tuesday June 14 6:30 p.m. Special Work Session: Tuesday May 31 4:00 p.m. (Conf. Room D) (Commission Interviews)

2. Citizen Comments

No one appeared before the Council.

3. Additions to the Final Agenda

There were no additions to the Final Agenda.

CONSENT AGENDA

Motioned by Kealey, seconded by Sherry, that the following Consent Agenda items (listed as A-M) be approved as presented. Ayes – Coughlin, Kautz, Kealey, Nguyen, Sherry. Nays – None. Motion carried.

4A. Approval of Minutes

Approved the minutes of the May 3, 2016 Council meeting and the May 10, 2016 Work session as presented.

4B. Approval of Claims Listing

Approved the claims listing in the amount of $2,033,024.01.

COUNCIL MINUTES 2 Regular Meeting May 17, 2016

CONSENT AGENDA (continued)

4C. Resolution to Defer Metropolitan City Entitlement Status Continuance in the Dakota County Community Development Block Grant (CDBG), HOME Investment Partnership Program and Emergency Solutions Grant (ESG) Programs

Adopted the following Resolution that will become part of the official records:

RESOLUTION NO. 16-6389

RESOLUTION APPROVING DEFERRAL OF METROPOLITAN CITY ENTITLEMENT STATUS CONTINUANCE IN THE DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIP PROGRAM, AND EMERGENCY SOLUTIONS GRANT PROGRAM

4D. Accept Bid and Award Contract for the Ames Center Concessions Project Construction Work; and Award Contract for the Purchase of Food and Beverage Service Equipment (15-321)

Accepted the bids and awarded a contract to Derau Construction Company for the Ames Center Concession Renovation Project (15-321) in the amount of $127,500; and awarded a contract to Horizon for $31,309 for the purchase and installation of food and beverage service equipment.

4E. Authorize Purchase of Ballistic Vests

Authorized the purchase of new and replacement ballistic vests for Burnsville law enforcement officers and community service officers.

4F. Approve First Amended and Restated Joint Powers Agreement For Domestic Preparedness Committee

Approved a First Amended and Restated Joint Powers Agreement with the Cities of Apple Valley, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul and the County of Dakota for the Domestic Preparedness Committee.

4G. Authorize Project, Accept Quotes and Award a Contract for the Ice Center’s Sidewalk Replacement Project (16-0019)

Authorized the project, accepted the base quote and bid alternates #1 and #2, and awarded a contract in the amount of $56,700.00 to Custom Builders, Inc. for the Ice Center’s Sidewalk Replacement Project (16-0019).

4H. Authorize Project, Approve Plans and Specifications and Authorize the Advertisement for Bids for the Lac Lavon building Project (14-403)

Authorized the project, approved plans and specifications and authorized the advertisement for bids for the Lac Lavon Park Building Project (14-403). COUNCIL MINUTES 3 Regular Meeting May 17, 2016

CONSENT AGENDA (continued)

4I. Authorize Project, Accept Quotes and Award Contract for the 2016 Tennis Court Resurfacing Project (16-402)

Authorized the project, accepted the quotes and awarded a contract for the 2016 Tennis Court Resurfacing Project (16-402) to Finley Bros. Inc., dba Tennis West, in the amount of $37,977.00.

4J. Approve Plans and Specifications and Order Advertisement of Bids for the 2016 Maintenance Overlay Project (16-329)

Approved the plans and specifications and ordered advertisement of bids for the 2016 Maintenance Overlay Project (16-329).

4K. Award a Supplemental Agreement for the 2016 Street & Utility Reconstruction Project (16-101) for Watermain Break Surface Repairs (16-302A)

Awarded a Supplemental Agreement to Valley Paving, Inc. for the Watermain Break Surface Repairs Project (16-302A) to be performed with the 2016 Street & Utility Reconstruction Project (16-101).

4L. Application for Eleven Investments LLC for a Planned Unit Development Amendment to change the current “small office” use to allow “personal services” use for two separate businesses, a medical aesthetician and a hair salon to be located at 13786 Frontier Court; Approve Planned Unit Development Amendment and Adopt Findings of Fact and Ordinance

Approved the Planned Unit Development Amendment for Eleven Investments LLC as recommended by the Planning Commission and staff; and adopted the Findings of Fact and the following Ordinance that will be published in the legal newspaper and become part of the official records:

ORDINANCE NO. 1387

AN ORDINANCE AMENDING TITLE 10, OF THE BURNSVILLE CITY CODE, BEING THE ZONING TITLE OF THE CITY OF BURNSVILLE ELEVEN INVESTMENTS LLC CASE FILE NO. DEV2016-0013

4M. Application for Dupont Biynah Birch LLP for an Interim Use Permit for outdoor storage of vehicles at a lot located at 12301 Dupont Avenue South; Approve the Interim Use Permit and Adopt Findings of Fact

Approved the Interim Use Permit for Dupont Biynah Birch LLP as recommended by the Planning Commission and adopted the Findings of Fact.

COUNCIL MINUTES 4 Regular Meeting May 17, 2016

REGULAR AGENDA

5. Public Hearing - Notice of Intent to Consider Issuance of Cable Franchise

A public hearing was conducted. The public hearing was opened at 6:37 p.m. The following person(s) appeared before the Council:

Jack Phillips and Joy Eldred, Frontier Communications representatives Paul Wood, former Cable Commissioner Patrick Haggerty, CenturyLink representative

The Mayor declared the hearing closed at 6:54 p.m.

Motion by Sherry, seconded by Kealey, to extend the written comment period for 30 days until 4:00 p.m. on Thursday, June 16; and to direct staff and legal counsel to negotiate cable franchise terms with Frontier and CenturyLink and prepare reports concerning Frontier and CenturyLink’s qualifications and any legal issues arising from application, and present final recommendation for future City Council action. Ayes – Coughlin, Kautz, Kealey, Nguyen, Sherry. Nays – None. Motion carried.

6. Public Hearing – Larkin Hoffman Application for an Appeal to Allow Reasonable Accommodation for More Than the Statutorily Allowed Number of Disabled Residents to Reside at the Group Homes Located at 716 and 720 151st Street East. Adopt Findings of Fact for Denial

A public hearing was conducted. The public hearing was opened at 7:19 p.m. The following person(s) appeared before the Council:

Bill Griffith, Larkin Hoffman attorney, informed the Council that the applicant intends to amend the application to include only Woman’s Way House at 720 151st Street East and withdraw the request for Lotus House at 716 151st Street East.

Carol Ackley, applicant, 14702 Oak Run Lane Terri Dahlquist, 6620 Gerdine Path, Rosemount Tracy Phernetton, 13208 James Avenue S Ty Lovick, 712 E 151st Street Brock Dabrowski, 110 Grant, Minneapolis Kira, 6311 84th Court N, Brooklyn Park

The Mayor declared the hearing closed at 7:48 p.m.

Motion by Coughlin, seconded by Sherry, to send the amended application back for staff and Planning Commission review. Ayes – Coughlin, Kautz, Kealey, Nguyen, Sherry. Nays – None. Motion carried.

ADJOURNMENT

Motion by Kealey, seconded by Nguyen, to adjourn the meeting at 7:52 p.m. Ayes – Coughlin, Kautz, Kealey, Nguyen, Sherry. Nays – None. Absent – None. Motion carried. ______Macheal Collins, City Clerk

Approved by the City Council of the City of Burnsville this 7th day of June, 2016. ______Elizabeth B. Kautz, Mayor SPECIAL WORK SESSION MINUTES BURNSVILLE CITY COUNCIL May 31, 2016

Council Present: B. Coughlin , E. Kautz, D. Kealey, S. Nguyen, and M. Sherry Council Absent: None Staff Present: H. Johnston, M. Collins

ITEM 1. ADVISORY COMMISSION INTERVIEWS

The meeting was convened at 4:00 p.m. The Council conducted interviews of the following applicants for appointment to Advisory Commissions:

Grant Gardner Ames Center Advisory Commission Chris John Economic Development Commission Raj Bhandari Economic Development Commission Jeff LaFavre Economic Development Commission Dave Cherner Economic Development Commission Dana Arnold Parks & Natural Resources Commission Sarah Keefer Parks & Natural Resources Commission Olivia Brammer Parks & Natural Resources Commission - Youth Kyra Bowar Parks & Natural Resources Commission – Youth Daniel Wolter Planning Commission or Parks & Natural Resources Commission Chris Fisher Planning Commission Steven Behnke Planning Commission Vince Workman Planning Commission Jacob Portnoy Planning Commission Talla Antonczak Planning Commission

Council waived the interview for the following applicants:

Maroof Rauf Parks & Natural Resources Commission

Two applicants were not in town to interview on this date. Due to technical difficulties, the Council was not able to conduct the scheduled skype interview.

After the interviews, Council discussed the merits of the candidates in preparation for appointments at the June 7, 2016 meeting and agreed that they should meet again to include the two applicants that were not able to interview today.

Council consensus was to continue this meeting on Tuesday, June 7, 2016 at 5:30 p.m.

The meeting was adjourned at 7:56 p.m.

Respectfully submitted,

______Macheal Collins, City Clerk

Approved by the City Council of the City of Burnsville this 7th day of June, 2016.

______Elizabeth B. Kautz, Mayor CITY COUNCIL Item No. 4.B. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approval of Claims Listing

POLICY DECISION / ACTION REQUESTED Approve the claims listing in the amount of $7,486,393.70.

BACKGROUND This claims listing includes two bond payments for $2.8 million and $2 million.

RELATED ENDS & OUTCOMES STATEMENT(S)

FINANCIAL MANAGEMENT: People find the City of Burnsville managed in a cost-effective responsible manner, maintaining the highest standards of service to enhance the community's quality of life for a reasonable investment., Residents perceive the cost of City services as reasonable compared with other cities.

ATTACHMENTS: Description Claims List 6-7-16

Staff Contact: Kelly Strey Department: Finance CITY COUNCIL Claims Listing

Council Meeting: June 7, 2016 Claims Period: 5/11 - 5/31/16

Check / Wire Date CLAIMS PAID 05/09/16 $ 80,592.16 ** 05/11/16 38,080.82 05/13/16 112,942.07 05/13/16 436,170.48 05/13/16 165,713.69 05/13/16 5,725.64 05/17/16 10,387.41 05/17/16 61,239.95 05/17/16 4,666.70 05/20/16 124,499.65 05/20/16 246,211.95 05/20/16 52,878.86 05/20/16 11,094.00 05/20/16 7,480.87 05/23/16 339.72 05/23/16 183,478.83 05/23/16 9,444.02 05/23/16 2,381.77 05/24/16 59.51 05/25/16 465.41 05/25/16 39,342.81 05/26/16 158,891.61 05/26/16 144,702.62 05/27/16 167,303.00 05/27/16 5,082.48

Total Claims $ 2,069,176.03 *

PAYROLL May 20, 2016 Gross Payroll $ 975,961.26 Employee Deductions (403,866.92) Net payroll $ 572,094.34

TOTAL CLAIMS AND PAYROLL $ 2,641,270.37

INVESTMENT PURCHASES

UBS US Gov't Securities 5/25/16 2,843,195.00 UBS US Gov't Securities 5/25/16 2,001,928.33

TOTAL INVESTMENTS $ 4,845,123.33

TOTAL CLAIMS REPORT $ 7,486,393.70

Submitted by: Kelly Strey, Finance Director

* Claims detail available upon request. ** Item from previous claims list period, not previously listed. CITY COUNCIL Item No. 4.C. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Adopt an Ordinance Amending Burnsville City Code Title 3, Chapter 1, Section 3 to Allow Growler Sales

POLICY DECISION / ACTION REQUESTED Adopt the Ordinance and authorize Summary Ordinance publication.

BACKGROUND Nutmeg Brewhouse received many requests from customers to sell/refill growlers starting about two weeks prior to opening in November of 2015. To sell growlers a brew pub or taproom needs an off-sale liquor license. Current ordinance requires an applicant to be in a free standing building and ¾ mile away from another off-sale licensed facility. The exception is for an applicant located in the “Burnsville Center Retail Area.” Nutmeg Brewhouse is ¾ of a mile from the nearest off-sale license holder (Crosstown Liquor), but they are not in a free standing building. Their building is directly west and south of the “Burnsville Center Retail Area.” Under current ordinance they could not be granted an off-sale license to sell growlers. Nutmeg Brewhouse has requested an option to allow the sale of growlers.

At the All-Day Council Work Session in January, Council directed staff to bring forth options to address the request. Council also directed staff to meet with current off-sale license holders for feedback to the possible options.

On March 11, 2016, staff mailed letters to the eleven off-sale license holders inviting them to meet for discussion on April 5, 2016. The letter also provided staff contact information if a license holder could not make the meeting but wished to supply comment. Two license holders attended the meeting and staff received no other comment. The consensus at the meeting was that brewpubs and taprooms assist in branding Burnsville as a destination. The off-sale license holders voiced no concerns with allowing growler sales throughout Burnsville.

At the May 10, 2016 Council work session, Council gave staff direction to bring forth an amendment that removed the ¾ mile separation and the free standing building requirement to allow growler sales by brewpubs and tap rooms. Based on testimony by current off-sale license holders, the amendment was to be clear that the malt liquor sold via growler was to be 100% brewed on premise. Council also directed staff to provide the current off-sale license holders with a copy of the draft ordinance to ensure it addressed their concerns regarding the malt liquor being 100% brewed on premise.

State statutes allow for growlers to be sold off-sale on Sundays. In reviewing the city's ordinance it was noted that the language referencing Sunday sales hours is confusing. The redline draft has language to alleviate the confusion.

Staff mailed a copy of the draft ordinance to the current license holders on May 17, 2016. Staff received the no additional comments.

RECOMMENDATION The City Attorney has reviewed the draft ordinance. Staff recommends that the City Council adopt the ordinance.

RELATED ENDS & OUTCOMES STATEMENT(S)

SAFETY:Licensing and regulation of businesses provide safe and healthy environments for residents and visitiors that meet community expectations.

ATTACHMENTS: Description Ordinance Summary Ordinance

Staff Contact: Skip Nienhaus Department: Economic Development ORDINANCE NO. _____

CITY OF BURNSVILLE, MINNESOTA

AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 PROVIDING FOR GROWLER SALES OF PRODUCT BREWED 100% ON THE PREMISES

THE CITY COUNCIL OF THE CITY OF BURNSVILLE, MINNESOTA, ORDAINS:

SECTION 1. Title 3 Chapter 1, Section 3: DEFINITIONS; TYPES OF LICENSES is amended by revising Paragraph E by adding the underlined language and deleting the strikethrough language as follows:

(E) Off-Sale Intoxicating Liquor License: Off-sale intoxicating liquor license may be granted for the sale of off-sale liquor.

Except for brew on premises taprooms and brewpubs licensed pursuant to paragraph (K) below, no No off-sale intoxicating liquor license shall be issued for a premises that is within 0.75 mile of another off-sale intoxicating liquor facility and not located in a freestanding building (standing or operating independently of anything else) except facilities located within the "Burnsville Center retail area", the area encompassing all Burnsville Center shopping centers and strip shopping centers as identified in the 2030 comprehensive plan, in general bounded by the nearest principal arterial, A minor arterial or B minor arterial streets. This area is more specifically defined as the area bounded by McAndrews Road on the north, Portland Avenue on the east, Southcross Drive on the south, County Road 5 on the west plus lots 1-3 block 1 of Westburn First Addition.

SECTION 2. Title 3 Chapter 1, Section 3: DEFINITIONS; TYPES OF LICENSES is amended by revising Paragraph K by adding the underlined language and deleting the strikethrough language as follows:

(K) Off-Sale Growler Malt Liquor License: A growler is a 64 ounce or 750 ml bottle containing malt beverage product one hundred percent (100%) brewed by the seller on premise in Burnsville for consumption off-premise. Off-sale growler malt liquor licenses shall permit the sale of growlers (64 ounce containers) or seven hundred fifty milliliter (750 ml) bottles from premises that have been one hundred percent (100%) produced and packaged by thea brewer on premise in Burnsville . Sales may not exceed five hundred (500) barrels annually. Off-sale hours shall be limited to the legal hours for off-sale at exclusive liquor stores except Sunday sales shall be allowable from eight o'clock (8:00) A.M. to ten o'clock (10:00) P.M.A.M. as provided by Minnesota statutes chapter 340A.

SECTION 3. This ordinance shall be effective immediately upon its passage and publication according to law.

187190v1 Ordinance No. ___ Page 2

PASSED AND DULY ADOPTED this 7 th day of June, 2016, by the City Council of the City of Burnsville.

______Elizabeth B. Kautz, Mayor

ATTEST:

______Macheal Collins, City Clerk

187190v1 ORDINACE NO.______

CITY OF BURNSVILLE, MINNESOTA

SUMMARY OF AN ORDINANCE AMENDING TITLE 3, CHAPTER 1, SECTION 3 PROVIDING FOR GROWLER SALES OF PRODUCT BREWED 100% ON THE PREMISES

On June 7, 2016, the City Council of the City of Burnsville adopted a City Code amendment to Title 3, Chapter 1 - Intoxicating Liquor and 3.2 Percent Malt Liquor.

The amendments address the following:

1. Free standing building and ¾ mile separation for off sale license is stricken for growler sales by brew pubs and taprooms. 2. Growler is defined. This defines growler as a 64 ounce or 750 ml bottle containing malt beverage product one hundred percent (100%) brewed by the seller on premise in Burnsville for consumption off-premise. 3. Housekeeping amendment to more clearly defines Sunday off-sale hours as 8:00 am to 10:00 pm for growler sales.

A printed copy of the complete ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk at the Burnsville City Hall, 100 Civic Center Parkway, Burnsville, MN 55337.

APPROVED FOR PUBLICATION this 7 th day of June, 2016 by the City Council of the City of Burnsville.

BY ORDER OF THE CITY COUNCIL MACHEAL COLLINS, CITY CLERK

CITY COUNCIL Item No. 4.D. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve Change in Operating Managers and Owners for Liquor License Holders at Several Locations

POLICY DECISION / ACTION REQUESTED Approve the following Operating Managers:

3.2 Percent Off-Sale - Jaime Zavala – Cub Foods, 300 Travelers Trl, contingent approval Jair Martinez-Ponce – Superamerica #4383 – 13500 Co Rd 5, contingent approval Antonia Richard – Superamerica #4201 – 1900 Co Rd 42 W., contingent approval

On-Sale A William Mamea – BUCA di BEPPO, 14300 Burnhaven Dr. William Bock – Porter Creek Hardwood Grill, 14201 Burngarten Dr

NEW OFFICERS: Norma Rivera, William Lambert, Douglas Wentz – Red Lobster, 1301 Co Rd 42

BACKGROUND The above named liquor license holders have indicated on their license renewal forms that these individuals are new operating managers and/or owners at the listed locations.

At the time of preparing this background material, Jaime Zavala is completing his incomplete application, Antonio Richard has yet to submit his application which Superamerica has paid for and the Police Department is conducting the routine background investigation on Jair Martinez-Ponce. Approval of these applicants will be contingent on applications being received as well as payment and investigations being passed.

As for the others on the list, the Police Department has completed the background investigations on those individuals and found no reason to deny them the requested status.

RECOMMENDATION Staff recommends approval.

RELATED ENDS & OUTCOMES STATEMENT(S)

SAFETY:Licensing and regulation of businesses provide safe and healthy environments for residents and visitiors that meet community expectations.

Staff Contact: Tina Zink Department: Licensing and Code CITY COUNCIL Item No. 4.E. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve a Grant Application For An Edward Byrne Memorial Justice Assistance Grant (JAG) for Police Equipment

POLICY DECISION / ACTION REQUESTED Approve a grant application for an Edward Byrne Memorial Justice Assistance Grant (JAG) for Police Equipment.

BACKGROUND Law enforcement grant money in the amount of $11,460 is being made available to the City of Burnsville through the federal JAG program. Grant funds will be used for the purchase of less than lethal equipment to include: two 40mm 4-shot multi-launchers, 40mm projectiles, gun sights, vehicle vaults, and Tasers. There is no requirement for matching City funds. The grant application requires review by the governing body.

RECOMMENDATION Staff recommends approval of the grant application.

RELATED ENDS & OUTCOMES STATEMENT(S)

SAFETY:People find Burnsville a safe community, participate in Homeland Security, and are willing to prevent fire and crime., People have an overall feeling of safety., People trust in public safety response and service rendered.

ATTACHMENTS: Description Public Comment

Staff Contact: Lynn Lembcke Department: Police

From: Glenn Huebner [ mailto:[email protected] ] Sent: Thursday, June 02, 2016 6:00 To: Lynn Lembcke < [email protected] > Subject: public comment

I think grants are a wonderful way to gain additional monies for additional equipment. If there is any additional I can do to help the process please let me know.

Thank you

Glenn Huebner LANDFORM, Senior Designer Direct: 612-638-0263

CITY COUNCIL Item No. 4.F. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve Amended and Restated Communication Site Lease Agreement with Verizon Wireless for equipment at Colonial Hills Water Tower

POLICY DECISION / ACTION REQUESTED Approve Amended and Restated Communication Site Lease Agreement, and Memo Of Lease, with Verizon Wireless for equipment at Colonial Hills Water Tower, 13525 Bryant Lane.

BACKGROUND The City entered into the original Lease Agreement with Verizon on August 20, 1990 for wireless equipment and a 1,200 square foot building at Colonial Hills Water Tower, 13525 Bryant Lane. A number of amendments and consents to modify have been approved since the original lease. The proposed equipment on the water tower includes a total of 16 antennas, 12 remote radio units and 8 sector boxes. Through this project Verizon has requested that the City amend and restate the Lease Agreement for 20 years.

Verizon has provided a structural analysis for the tower and radio frequency study which has been reviewed by the City’s consultant. No concerns were raised. As the amount of equipment on the tower is increasing the monthly rent is proposed to increase. The rent is currently $4,063 a month and would increase to $7,146 a month. The new rent will be retroactive back to September 2015. The City also has the right to occupy 100 square feet within the building. The City Attorney prepared the Amended and Restated Lease Agreement as well as the Memo of Lease. The document is on file and available for review in the office of the City Clerk.

RECOMMENDATION Staff recommends approval of the lease amendment.

RELATED ENDS & OUTCOMES STATEMENT(S)

CITY SERVICES: Burnsville facilitates community-wide accessibility to broadband technology.

Staff Contact: Chris Slania Department: Information Technology CITY COUNCIL Item No. 4.G. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Authorize Purchase of Fire Department Automated CPR Devices

POLICY DECISION / ACTION REQUESTED Authorize purchase of Fire Department, Emergency Medical Services, automated CPR devices for a total of $44,459.55.

BACKGROUND The Fire Department has included as part of the 2016 CIP budget the purchase of three LUCAS devices, which are automated CPR (Cardio-pulmonary resuscitation) machines used on victims of cardiac arrest. These 3 new LUCAS devices will add to the existing inventory and ensure these life saving devices are located in all front-line fire response vehicles, ensuring prompt care to victims of cardiac arrest. These devices provide uninterrupted mechanical CPR which statistically has improved the survivability from cardiac arrest.

BUDGET IMPACT These items are budgeted for in the 2016 CIP budget.

RECOMMENDATION Authorize purchase of EMS automated CPR machines.

RELATED ENDS & OUTCOMES STATEMENT(S)

SAFETY:People find Burnsville a safe community, participate in Homeland Security, and are willing to prevent fire and crime., People have an overall feeling of safety., Fire and EMS Services are reliably provided to the community.

Staff Contact: Brian Carlson Department: Fire CITY COUNCIL Item No. 4.H. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve Professional Services Agreement and Addition of Futrell Fire to Professional Services Pool

POLICY DECISION / ACTION REQUESTED Approve the Professional Services Agreement and add Futrell Fire to the existing Professional Services Pool.

BACKGROUND The City's current professional services pool does not include fire protection engineering services. As the City works to manage our many pressure zones and meet peak work loads in the Fire Department, these services are needed. The professional services pool allows the City Staff to utilize these services under a contract with the consultant that is approved by the City Council. The pool also allows the City to utilize consultants to meet peak work loads without additional staff.

The term of the contract and professional services pool is for 5 years and the City annually completes reviews of all consultants in the pool. The contract allows the City or Consultant to cancel with adequate written notice.

Futrell Fire is an industry leader in these services and provides substantial experience in the area of fire protection engineering. These services include plan review assistance, system pressure analysis and fire protection system design/review.

BUDGET IMPACT The City currently allocates funds in the operating budgets of the Public Works and Fire Division for consulting services. There is no budgetary impact.

RECOMMENDATION The City Council approve the professional services agreement with Futrell Fire and add them to the professional services pool.

RELATED ENDS & OUTCOMES STATEMENT(S)

SAFETY:Fire and EMS Services are provided in the most cost effective manner, through partnerships with surrounding communities when necessary. The City takes preventative safety measures that include licensing and inspecting rental properties and proactive enforcement of property maintenance codes.

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner

Staff Contact: Steve Albrecht Department: Director of Public Works CITY COUNCIL Item No. 4.I. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Accept Petition and Waiver of Appeal Rights for Park Dedication and Storm Water Fees Assessment; and Adopt Resolution Certifying Assessment for Green Horizons, Inc.

POLICY DECISION / ACTION REQUESTED Accept the petition and waiver of appeal rights for park dedication and storm water fees assessment, and adopt a Resolution certifying the assessment for Green Horizons, Inc. at 12201 River Ridge Blvd.

BACKGROUND The City has received a petition from GH MN Properties, LLC (Green Horizons) located at 12201 River Ridge Boulevard requesting the City to assess development fees for their new facility at Cliff Road and River Ridge Bld.

Green Horizons received their project approval including purchasing the land from the City in late 2015. They have since completed much of the grading work including installation of a large retaining wall between the site and the City’s maintenance storage area just to the south of the site. A condition of the project approval is that the owner pay development fees prior to receiving a building permit for the main building. They have received the appropriate building permits for the other site work and have cooperated fully through the development process to date.

BUDGET IMPACT The fees include $62,222.27 in storm sewer obligation, $40,337.50 in park dedication and $405.68 for erosion control inspection for a total of $102,965.45. This entire amount is proposed to be assessed over the 5 year period at 4% interest. These fees were not in the owner’s financing package, making it difficult for them to acquire the funds necessary for these fees at this time. The owner was aware of the condition that these fees be paid prior to receiving the overall building permit.

RECOMMENDATION Staff recommends accepting the petition and waiver of appeal rights for park dedication and storm water fees assessment, and adopting the Resolution certifying assessment for Green Horizons, Inc. at 12201 River Ridge Blvd.

RELATED ENDS & OUTCOMES STATEMENT(S)

DEVELOPMENT/REDEVELOPMENT:Specific development or redevelopment assistance will provide for business and residential projects consistent with established policies.

ATTACHMENTS: Description Resolution and Petition Location Exhibit

Staff Contact: Ryan Peterson Department: Engineering RESOLUTION NO. 16-____

CITY OF BURNSVILLE, MINNESOTA

A RESOLUTION APPROVING AND CERTIFYING SPECIAL ASSESSMENTS FOR DEVELOPMENT COSTS

WHEREAS, GH MN Properties LLC, a Minnesota Limited Liability Company (“Owner”) has requested that the Burnsville City Council specially assess certain development costs, including park dedication fees, erosion control inspections, and storm sewer obligations, that affect its property legally described as: Lot 1, Block 1, Cliff River Ridge, Dakota County, Minnesota (“Property”); and

WHEREAS, the City has received the following signed Petition and Waiver of Right to Public Hearing waiving all applicable assessment procedural requirements and requesting to be assessed for the development charges in the amount itemized therein for the Property;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burnsville, Minnesota:

1. The signed Petition and Waiver is hereby accepted and approved.

2. The development costs amounting to $102,965.45 are hereby adopted and shall constitute a special assessment against the Property and hereby made part of this Resolution by reference and that the tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it.

3. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable in 2017 and shall bear the interest rate of 4% per annum from the date of adoption of this assessment Resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 2016.

4. The Owner, at any time prior to certification of the assessment to the County Auditor, may pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and such owner may at any time thereafter, pay the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made.

5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County.

ADOPTED and APPROVED by the Burnsville City Council this 7th day of June, 2016.

ATTEST: Elizabeth B. Kautz, Mayor

Macheal Collins, City Clerk

187254v1 Resolution No. 16-___ Page 2

187254v1 Green Horizons Assessment Agreement Location Exhibit

Green Horizons Location

CITY COUNCIL Item No. 4.J. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Accept Quotes and Award Contract for the 2016 Contract Patching Project (16-302B)

POLICY DECISION / ACTION REQUESTED Accept the quotes and award a contract to Universal Services, Inc. in the amount of $94,358.24 for the 2016 Contract Patching Project (16-302B).

BACKGROUND The Contract Patching program is an annual project that performs utility structure casting adjustment, curb patching, and pavement patching throughout the City. This year, this project was packaged with the Watermain Break Surface Repair project, which addresses repairs of street and right-of-way areas that are impacted by watermain breaks that occur over the winter months throughout the City. This packaged project (16-302) was bid on April 27, 2016 and received only one bid, which was substantially over the budget available for the work as a whole.

At the May 3, 2016 City Council meeting, the bid for the Contract Patching and Watermain Break Surface Repairs project was rejected, and staff was authorized to split the project work up and explore soliciting quotes and/or rebidding the work with a modification to the project scope. The watermain break repair portion of the work was added to the 2016 Street Reconstruction Project (16-101) via supplemental agreement at the May 17, 2016 City Council meeting.

Upon review of the scope of the Contract Patching work, staff modified the quantity of the repairs and decided to perform a number of them with City street maintenance crews. The remainder of the repair items were packaged together into a reduced-scope project.

BUDGET IMPACT Staff solicited quotes from six (6) contractors, and received quotes from four (4). The solicited contractors and associated quotes are as follows:

Contractor Quote Amount Universal Services, Inc. $ 94,358.24* New Look Contracting, Inc. $111,299.00 Minnesota Roadways, Inc. $137,069.00 Valley Paving, Inc. $193,291.35 * Corrected amount

The engineer’s estimate was $85,000. The project is financed through the Street Maintenance revolving fund, and is part of the general annual operations budget for the Street Department. After receiving these quotes, the project is very close to the project budget. Other budget related activities within the Street Department will be revised as necessary to make up any financial overruns associated with this project.

RECOMMENDATION Universal Services, Inc. is a utility contractor that also completes its own bituminous and concrete surface restoration. They have completed similar projects in other metro area communities for years and staff is expecting excellent results from their work. Staff recommends awarding this contract to Universal Services, Inc. in the amount of $94,358.24 for 2016 Contract Patching Project (16-302B).

RELATED ENDS & OUTCOMES STATEMENT(S)

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner, Residents and businesses recognize City services as a positive value

Staff Contact: Steve Albrecht Department: Engineering CITY COUNCIL Item No. 4.K. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve Plans and Specifications and Order Advertisement of Bids for the Keller Lake Stormwater Project (16-323)

POLICY DECISION / ACTION REQUESTED Approve plans and specifications and order advertisement of bids for the Keller Lake Stormwater Project (16- 323).

BACKGROUND A Total Maximum Daily Load (TMDL) determination from the MPCA has been made for Keller Lake and Crystal Lake detailing the maximum amount of nutrient/pollutant loading that the City can discharge into those waterbodies. In response to this TDML and to help achieve the City’s and the Black Dog Watershed Management Organization’s (BDWMO) surface water goals of improving water clarity and quality, the City and BDWMO have investigated opportunities to treat surface water runoff prior to entry into these two waterbodies. This is a recommended project in the Crystal and Keller Lake TMDL Implementation Plan and in the City’s Capital Improvement Plan.

The City has been working on this project’s development since summer of 2014. Since starting the project’s development Staff has:

Developed an underground treatment device concept to be constructed in the northerly portion of Crystal Beach park. Applied for a Clean Water Fund Grant (“Grant”) in 2014 with the Minnesota Board of Water and Soil Resources (“BWSR) which was not funded. Expanded the project to include all necessary removal of phosphorous from City of Burnsville stormwater prior to outletting in Keller Lake. The City will have met its TMDL requirements for this waterbody upon this project’s completion. Re-applied for the BWSR Grant in 2015 and successfully received a $398,000 grant. Ordered the improvements and entered into a grant agreement with BWSR.

The project will require a several month closure of the northerly portion of Crystal Beach park. Staff is proposing to construct this project in the fall of 2016 after the heaviest uses of the park are done for the summer season.

Following completion of the underground structure’s construction, the disturbed area will be regraded and turf establishment activities will be completed to make the park’s open space usable for park visitors again. Staff is confident the park area will be usable again in summer 2017 for park users.

This item is to seek approval of final plans and specifications and order advertisement of bids for the project.

BUDGET IMPACT The estimated total project cost is $1,475,000 and the amount budgeted in the City’s Capital Improvement Plan is $1,250,000, of which the BWSR grant covers $398,000. The City’s Storm Water Utility Fund will pay for the remaining cost difference of $225,000 needed for the project. This is due to savings associated with 2016 projects that have already been bid and the delay of non-critical projects planned for 2016. Future Capital Improvement Programs will be amended as necessary to ensure adequate fund balance remains in the fund to account for any costs beyond budgeted to complete this project.

RECOMMENDATION Staff recommends approving the plans and specifications and ordering advertisement of bids for the Keller Lake Stormwater Project (16-323).

RELATED ENDS & OUTCOMES STATEMENT(S)

ATTACHMENTS: Description Location Exhibit

Staff Contact: Ryan Peterson Department: Engineering Keller Lake Stormwater Project Exhibit (16-323)

CITY COUNCIL Item No. 4.L. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Authorize Project and Order Plans and Specifications for the 2016 Pond Cleanout Project (16-305)

POLICY DECISION / ACTION REQUESTED Authorize the project and order the preparation of plans and specifications for 2016 Pond Cleanout (16-305).

BACKGROUND Each year the City considers water bodies that should be cleaned out due to accumulation of sediment. The City has an extensive system of water bodies that require periodic cleaning. The City acquired a Stormwater Asset Management Program (SWAMP) in 2012 and actively uses this program to identify ponds that will receive the most value by determining sediment and phosphorous removal efficiencies that will be gained with the sediment removal of various ponds.

BUDGET IMPACT The amount budgeted in the CIP for this project is $315,000. Staff’s recommended ponds to cleanout will have an estimated cost at or below that amount. Consultants will be used to help evaluate the pond selection, complete plans and specifications and update the SWAMP product. These costs are estimated to be $35,000.

RECOMMENDATION Staff recommends ordering the improvements and preparation of plans and specifications for the Pond Cleanout project.

RELATED ENDS & OUTCOMES STATEMENT(S)

ENVIRONMENT: People find Burnsville is an environmentally sensitive community ensuring preservation and enhancement of its natural resources., Residents value natural water bodies and green spaces and recognize the importance of preserving them., The City employs feasible sustainable practices that promote development and maintain or enhance economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend.

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner

Staff Contact: Ryan Peterson Department: Engineering CITY COUNCIL Item No. 4.M. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve a Joint Powers Agreement with Vermillion River Watershed for the Funding of a Feasibility Study for Lake Alimagnet

POLICY DECISION / ACTION REQUESTED Approve a Joint Powers Agreement with Vermillion River Watershed for the Funding of a Feasibility Study for Lake Alimagnet.

BACKGROUND Alimagnet Lake has been identified as impaired for nutrients by the Minnesota Pollution Control Agency (MPCA). The City is required under its Municipal Separate Storm Sewer System (MS4) permit issued by the MPCA to reduce nutrient loads in portions of the City that drain to the lake. The Vermillion River Watershed Joint Powers Organization (VRWJPO) conducted a subwatershed assessment in partnership with the City that identifies projects and activities that will reduce nutrient loads to the lake.

This Joint Powers Agreement will allow for feasibility studies for alum treatments and filtration benches on two stormwater ponds in Burnsville to assess whether these projects are feasible for implementation. The VRWJPO has offered assistance to conduct these studies to collect necessary background information, evaluate stormwater pond alum treatment, recommend design of stormwater pond filtration benches, perform a cost/benefit analysis, and estimate costs for the projects.

Nutrient load reductions in the Alimagnet Lake watershed will help to address the impairment of Alimagnet Lake as identified in the Vermillion River Watershed Restoration and Protection Strategy.

BUDGET IMPACT The total cost of the feasibility study is projected to be $25,000 with the Vermillion River Watershed paying for $20,000 of it. The remaining $5,000 is proposed to be paid with existing funding in the storm water management budget.

RECOMMENDATION Staff recommends approval a Joint Powers Agreement with Vermillion River Watershed for the funding of a feasibility study for Lake Alimagnet.

RELATED ENDS & OUTCOMES STATEMENT(S)

ENVIRONMENT: Residents value natural water bodies and green spaces and recognize the importance of preserving them.

Staff Contact: Daryl Jacobson Department: Natural Resources CITY COUNCIL Item No. 4.N. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Authorize Project, Plans and Specifications and Order the Advertisement of Bids for the McAndrew’s Sanitary Sewer Lift Station Rehabilitation Project (16-332)

POLICY DECISION / ACTION REQUESTED Authorize the project, plans and specifications and order the advertisement of bids for the McAndrew’s Sanitary Sewer Lift Station Rehabilitation Project (16-332).

BACKGROUND A couple of years ago staff conducted a condition assessment and corresponding CIP for project planning purposes of all the city's lift stations. Staff adjusts this plan yearly during CIP preparation to address current information and continued performance of the lift stations.

The McAndrew's sanitary sewer lift station is one of City's largest and most heavily used stations and has been in the plan for some time. It is located near the post office and takes sewage from the hospital area. It is currently a wet well - dry well configuration and will be converted to a wet well submersible station with the rehabilitation for safety, reliability and ease of maintenance as per the City's current standards.

Upon authorization staff will finalize the design and bid the project for a planned fall construction. The fall timing of these projects has worked well in the past, but like all bid construction is dependent upon the bidding environment at the time the project is bid.

BUDGET IMPACT The CIP has $1.3 million identified for this project. $1.2 million in Water & Sewer Utility Funds and $100,000 in Storm Water Utility Funds under Lift Station Rehabilitation. This is a dual sanitary and storm sewer lift station site and this project will address some storm sewer lift station site work, hence the storm water funding. Under 10% of the budget will be used for consultant services for project support.

RECOMMENDATION Authorize the project, plans and specification and order the advertisement for bids so staff can proceed finalizing design and bidding of this project.

RELATED ENDS & OUTCOMES STATEMENT(S)

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner

Staff Contact: Jeff Radick Department: Public Works CITY COUNCIL Item No. 4.O. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Approve a Contract for the Stump Grinding of Boulevard Ash Trees

POLICY DECISION / ACTION REQUESTED Approve a contract with Perfect Landscape Tree & Excavation, LLC in the amount of $22,635.00 for the grinding of 264 stumps for the 2016 season.

BACKGROUND The Emerald Ash Borer Management Plan identified the removal of 270 poor quality boulevard ash trees in 2016, those removals were performed earlier this year. This contract is for the grinding of 264 stumps from the ash tree removal project. There were a few stumps that do not need to be ground down which is why the number of stumps to be ground down is slightly less than the number removed this pring.

Staff solicited written quotes for the grinding of stumps. One quote was received as follows:

Perfect Landscape Tree & Excavation, LLC $22,635.00 Midwest Tree Experts No Quote Family Tree Service No Quote Aspenwall Tree Service No Quote Tre Tree & Stump Company No Quote

BUDGET IMPACT The funding for this project was included in the 2016 tree removal budget for the EAB Management Plan in Forestry and Community Landscape. The 2016 tree removal budget was $146,880. Tree removals cost $49,950 leaving $96,930 remaining in the budget.

RECOMMENDATION It is staff’s recommendation that the City contract with Perfect Landscape Tree & Excavation, LLC to provide the stump grinding service for the 2016 season.

RELATED ENDS & OUTCOMES STATEMENT(S)

ENVIRONMENT: People find Burnsville is an environmentally sensitive community ensuring preservation and enhancement of its natural resources.

Staff Contact: Daryl Jacobson Department: Natural Resources CITY COUNCIL Item No. 4.P. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Resolution Accepting Bids and Awarding Contract for Advanced Metering System Installation (#15-311)

POLICY DECISION / ACTION REQUESTED Adopt the resolution accepting bids and awarding the contract for the Advanced Metering System Installation project to Thirkettle Corp dba Utiliuse in the amount of $3,376,703.29.

BACKGROUND On April 5, 2016 the City Council authorized advertisement of bids for the Advanced Metering System Installation Project. On May 6, 2016 bids were opened. Only one bid was received and, due to a material error in the bid documents, it had to be rejected. On May 10, 2016 the City Council rejected the bid and re- ordered advertisement of bids.

On May 23, 2016 the City received and opened bids. The following bids were received:

Bidder Amount Thirkettle Corp dba Utiliuse $3,376,703.29 Vanguard Utility Services Inc. Bid Rejected

Two bids were received, however the bid from Vanguard Utility Services Inc. did not include a bid bond and had to be rejected. The bids received were very competitive. Utiliuse was the low bidder at $3,376,703.29.

Utiliuse has completed several Sensus system projects of similar size across the US. They have completed projects in Iowa and North Dakota, but primarily serve the southwestern US. The City's consultant recommends proceeding with Utiliuse.

BUDGET IMPACT The estimated project cost in the CIP for the Water Meter Replacement project was $8.7M. The City Council previously awarded a contract for purchase of the Advanced Metering Infrastructure System and Water Utility Meters to HD Supply Waterworks. Based on the bids received the project costs are estimated as follows:

Item Amount HD Supply Contract (Equipment Procurement)* $3,279,458.52 Utiliuse Contract (Equipment Installation) $3,376,703.29 City Infrastructure Improvements $100,000.00 Project Costs $675,000.00 Total Cost $7,431,161.81 *Includes first 3 years of system costs

The estimated total project cost of $7.4M is about $1.3M below the budgeted amount.

RECOMMENDATION Staff recommends the City Council adopt the Resolution accepting bids and awarding a contract to Thirkettle Corp dba Utiliuse in the amount of $3,376,703.29.

RELATED ENDS & OUTCOMES STATEMENT(S)

ENVIRONMENT: The City maintains critical raw water sources and infrastructure necessary for the delivery of safe drinking water.

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner

ATTACHMENTS: Description Resolution

Staff Contact: Steve Albrecht Department: Director of Public Works

RESOLUTION NO. 16-___

CITY OF BURNSVILLE, MINNESOTA

RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR ADVANCED METERING SYSTEM (#15-311)

WHEREAS, the City maintains critical raw water sources and infrastructure necessary for the delivery of safe drinking water; and

WHEREAS, the City has awarded a contract for procurement of a Sensus Advanced Metering Infrastructure (AMI) System and Meters to HD Supply; and

WHEREAS, on April 5, 2016 the City Council authorized advertisement for bids and opened bids for installation of the Advanced Metering System and Meters; and

WHEREAS, on May 6, 2016 the City received and opened bids; and

WHEREAS, on May 10, 2016 the City Council rejected the bid due to a material bid and ordered re-advertisement of bids; and

WHEREAS, on May 23, 2016 the City opened bids and the low bid was submitted by Thirkettle Corp dba Utiliuse in the amount of $3,376,703.29; and

WHEREAS, Utiliuse has successfully completed several Sensus AMI and meter installation projects; and

WHEREAS, the City’s Consultant SL Serco has recommended the City award a contract to Utiliuse for the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Burnsville, as follows:

1. The Mayor and City Manager are authorized to execute a contract with Thirkettle Corp dba Utiliuse for the Advanced Metering System Installation Project.

2. The City Manager is authorized to execute necessary documents to proceed with Minnesota Public Facility Authority project financing.

Passed and duly adopted by the City Council of the City of Burnsville, Minnesota this 7th day of June, 2016.

Elizabeth B. Kautz, Mayor ATTEST:

Macheal Collins, City Clerk

CITY COUNCIL Item No. 4.Q. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Authorize Project, Accept Quotes and Approve Purchase Agreement for Replacement Flooring at the Maintenance Facility

POLICY DECISION / ACTION REQUESTED Authorize the project, accept the quotes and authorize a purchase agreement with Advantage Coating in an amount not to exceed $42,428.64 for replacement of floor covering for the Maintenance Facility.

BACKGROUND As part of the 2016 CIP, the linoleum floor covering in the main areas of the Maintenance Facility building are scheduled to be replaced. This flooring is 20 years old and was installed as part of the facility’s original construction. The replacement flooring is an epoxy system that requires less maintenance.

Fleet Maintenance staff has received two quotes for the replacement of the floor covering as shown:

· Advantage Coating $42,428.64 · Pro Maintenance INC. $43,282.60

The low bidder is Advantage Coating for the amount of $42,428.64.

BUDGET IMPACT The required funding to complete the project is available from the capital and operating budgets.

RECOMMENDATION Staff recommend the replacement of the Maintenance Facility Floor Covering from the low bidder Advantage Coating in an amount not to exceed $42,428.64.

RELATED ENDS & OUTCOMES STATEMENT(S)

CITY SERVICES: People find the City of Burnsville delivers quality essential services in a cost effective, timely manner

Staff Contact: Tom Busse, Superintendent Department: Public Works CITY COUNCIL Item No. 5. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Public Hearing - Approve Renewal of Off-Sale, On-Sale, Sunday On-Sale, Wine, 3.2 Percent On-Sale, and 3.2 Percent Off-Sale Liquor Licenses

PRESENTER(S) Macheal Collins, City Clerk

POLICY DECISION / ACTION REQUESTED Approve the renewal of all liquor licenses as presented for the period of July 1, 2016 through June 30, 2017, subject to all financial obligations to the State of Minnesota, Dakota County and the City of Burnsville being current and receipt of proper certificate of insurance.

BACKGROUND The City Code requires a public hearing for the annual renewal of liquor licenses. The following changes have taken place since the 2015/2016 renewals:

On-Sale/Sunday On-Sale: Nutmeg is new T. G. I. Friday’s has new corporate owners Ernies will not be renewing Tuckers at Buck Hill will not be renewing

Wine & 3.2 On-Sale JL Beers is new Rack Shack will not be renewing

Off-Sale: New Owners for MGM Wine & Spirits – Hwy 13

Approvals are subject to all financial obligations to the State, County, and City being satisfied. Currently there are five locations which have past due or delinquent utility payments.

Buca di Peppo MGM WIne and Spirits Roasted Pear Ernies (not renewing) Venue 13

Applicants for renewal will have paid the required fees, submitted all necessary documents, and passed police- conducted state-required background checks, and on-sale licensees will pass a fire inspection prior to their licenses being issued.

There is one 3.2 on-sale/wine location that had not submitted their renewal documents at the time of completing the background. It is included on the attached list for approval as it is anticipated that the application will be submitted. That license will be contingent upon submittal of the applications and fees. No license will be issued if reasons for denial are found. The licensee is:

Nha Sang Restaurant

RECOMMENDATION Staff recommends approval of the attached listing of liquor license holders.

RELATED ENDS & OUTCOMES STATEMENT(S)

SAFETY:Licensing and regulation of businesses provide safe and healthy environments for residents and visitiors that meet community expectations.

ATTACHMENTS: Description 2016-2017 Liquor LIcense List

Staff Contact: Tina Zink Department: Licensing and Code CITY OF BURNSVILLE 2016/2017 LIQUOR LICENSE RENEWALS

BUSINESS NAME DBA BUSINESS ADDRESS

Off-Sale T’s Discount Liquor III Big Discount Liquor 12100 County Rd. 11 Blue Max Liquors Inc. Blue Max Liquors 14640-10th Ave S Noehring Inc. Burnsville Liquor Outlet 13720 Cty Rd 11 Byerly's Beverages Inc. Byerly's Wine & Spirits 399 Cty Rd 42 E Costco Wholesale Corp. Costco Wholesale 1087 14050 Burnhaven Dr. Hiwella Inc. Crosstown Liquors 2000 W Bville Pkwy Burnsville 1998 LLC CUB Liquor 1750 W. Cty. Rd. 42 Stone Lake III, LLC MGM Wine & Spirits 3050 W Hwy 13 Stone Lake I, LLC MGM Wine & Spirits 1012 Cty Rd 42 W E & M Red Lion Liquors Inc. Red Lion Liquors 12400 Nicollet Ave S. Minnesota Fine Wines & Spirits, LLC Total Wine & More 820 Co Rd 42 W

On-Sale/Sunday On-Sale VenuWorks of Burnsville LLC Ames Center 12600 Nicollet Ave. Apple Minnesota, LLc Applebee's 2152 Bville Center BUCA, Inc. BUCA di BEPPO 14300 Burnhaven Dr. Burger Jones of Burnsville LLC Burger Jones 1617/1619 W. Co. Rd. 42 Marbelz Carbone’s Pizzeria and Sportsbar 12930 Harriet Ave S ERJ Dining IV LLC Chili's Grill & Bar 14161 Aldrich Ave S Superior Concepts Inc. Chianti Grill 14296 Plymouth Ave Clive’s Roadhouse Burnsville LLC Clive’s Roadhouse Burnsville 13050 Aldrich Ave S San Miguel, Inc. El Loro Mexican Restaurant 2501 Horizon Dr. J.R.'s Family Reunion Inc. J.R.'s Family Reunion 3401 E Hwy 13 Juniors Sports Café of Burnsville LLC Juniors Sports Café 1996. Hwy. 13 E. Lucky’s 13 Pub-Burnsville, LLC Lucky’s 13 Pub 915 Co Rd 42 W #2033 Ansari Corporation Mediterranean Cruise Café 12500 Nicollet Ave. Paragon Odyssey 15 The Mezz 14401 Burnhaven Dr Russian Tavern Inc. Nina’s Grill 2510 Horizon Dr. Bidhipur Brewing Company Nutmeg 1905 Co Rd 42 W, #100 GMRI Inc. The Olive Garden 1451 Cty Rd 42 W Outback Steakhouse of Florida, LLC Outback Steakhouse 2034 W. Cty Rd 42 MJA Restaurants Burnsville LLC Poor Richards Commonhouse 251 W. Burnsville Pkwy. Sierra Restaurants, LLC Porter Creek Hardwood Grill 14201 Burngarten Dr. Steak America Inc The Racks Sportsbar Sportsgrill 2400 Cliff Rd E GMRI Inc. Red Lobster #281 1301 Cty Rd 42 W Pear One, Inc. Roasted Pear 14200 Nicollet Ave. Shooters of Burnsville Inc. Shooters Billiard Club 1934 E. Hwy. 13 Shogun Burnsville Inc. Shogun Sushi and Hibachi 1025 Co Rd 42 W Awada Enterprises, Inc. Stephano's Italian Cuisine 11849 Millpond Ave. TGI Friday's of MN Inc. TGI Friday's 14400 Buck Hill Rd. NelsonParks Hospitality, Inc. The Venue 13 3120 Hwy 13 W Blithe Hospitality Best Western-Nicollet Inn 14201 Nicollet Ave S.

CITY OF BURNSVILLE 2016/2017 LIQUOR LICENSE RENEWALS

BUSINESS NAME DBA BUSINESS ADDRESS

3.2 Percent Off-Sale SuperValu Inc. CUB Foods 300 Traveler Trail E. Holiday Stationstores, Inc. HolidayStationstore #410 900 W. Bnsvl Pkwy Holiday Stationstores Inc. Holiday Stationstore #213 14150 Irving Ave S Kwik Trip Inc. Kwik Trip #309 501 Crystal Lake Rd Marissa Corporation Shell 14301 Nicollet Ct. Northern Tier Retail LLC SuperAmerica #4201 1900 Cty Rd 42 W Northern Tier Retail LLC SuperAmerica #4211 1221 Cty Rd 42E Northern Tier Retail LLC SuperAmerica #4314 12750 Cty Rd 5 Northern Tier Retail LLC SuperAmerica #4383 13500 Cty Rd 5 Northern Tier Retail LLC SuperAmerica #4460 1201 Riverwood Dr. Target Corporation Target Store T-2340 810 Co. Rd. 42 W. Damudar Inc US Mobil 12020 Co Rd 11 Wal-Mart Stores Inc Walmart #5977 12200 River Ridge Blvd

3.2 Percent On-Sale CEC Entertainment, Inc. Chuck E. Cheese’s 1025 Bville Ctr House of Wu Inc. House of Wu 1250 W Hwy 13 Chen Ping Miyavi Buffet 14103 Irving Ave S

3.2 Percent and Wine Byblos Lebanese Grill, LLC Byblos Lebanese Grill 14637 Co Rd 11 Cam Ranh Bay of Burnsville Cam Ranh Bay of Burnsville 1006 W. County Rd. 42 Cheers Pablo Twenty Three Holding Cheers Pablo 13915 Aldrich Ave S Chinese Gourmet Inc. Chinese Gourmet 12901 Aldrich Ave S Chipotle Mexican Grill of Colorado Chipotle Mexican Grill 728 W. County Rd. 42 Davanni's Inc. Davanni's 14639 Cty Rd 11 Giuseppe’s Restaurant LLC Giuseppe’s Restaurant 14600 10 th Ave S, Ste 400 India Palace Burnsville, Inc. India Palace 1905 Co. Rd. 42 W. FABAB BV Inc JL Beers 1230 Co Rd 42 JoJo’s Rise & Wine Inc. JoJo’s Rise & Wine 12501 Nicollet Ave. S. Mekong River Mekong River 1916 Hwy 13 E Nha Sang, LLC Nha Sang Restaurant 12621 Nicollet Ave. The Noodles Shop, Co. Noodles & Company 901 Co. Rd. 42, Ste B220 Smashburger Acquisition Mpls LLC Smashburger #1450 14059 Aldrich Ave S Soccer Blast, Inc. Soccer Blast 3601 W. 145 th St.

CITY COUNCIL Item No. 6. REGULAR AGENDA REPORT DATE: 6/7/2016 ITEM

Appointments to Advisory Commissions

PRESENTER(S) Mayor Elizabeth Kautz

POLICY DECISION / ACTION REQUESTED Appoint members to advisory commissions.

BACKGROUND On May 31, 2016 the Council conducted interviews for June appointments to advisory commissions. Most of the terms are for three years, ending in June 2019, except those unexpired terms that are being filled due to vacancy or appointment of an alternate to a regular member position.

Two of the applicants were not available in person to interview and due to technical difficulties, the Skype interview was not successful. Considering this, the Council agreed to conduct additional interviews for the two applicants on June 7 at 5:30 p.m. These interviews will be followed by discussion of the merits of the candidates in preparation for the appointments.

In 2015, the Council agreed with the Ames Center Advisory Commission’s recommendation to reduce the number of their members through attrition to seven members. Since only one of the three incumbents applied to be reappointed, the alternate position will be eliminated.

RELATED ENDS & OUTCOMES STATEMENT(S)

COMMUNITY ENRICHMENT: Community members, including youth, are actively engaged and have access to quality programs and services that meet the changing needs of the community and create positive experiences for all., Youth are involved in community decisions including active participation on City Boards and Commissions wherever possible.

ATTACHMENTS: Description 2016 Commission Openings and Applicants

Staff Contact: Macheal Collins Department: City Clerk 2016 COMMISSION OPENINGS

Parks & Natural Res Commission: 2 Youth Member – term ending 6/2017 2 Regular Member – term ending 6/2019 1 Regular Member – term ending 6/2017 1 Alternate Member – term ending 6/2019

Reapplied – Maroof Rauf * Sarah Keefer Dana Arnold

Applied – Daniel Wolter Kyra Bowar (Youth) Olivia Brammer (Youth)

Planning Commission: 1 Regular Member – term ending 6/2017 2 Regular Member – term ending 6/2019

Reapplied – Steven Behnke Vince Workman

Applied – Chris Fisher Jacob Portnoy Talla Antonczak Daniel Wolter

Economic Dev Commission: 2 Regular Members – terms ending 6/2019 1 Regular Member – term ending 6/2017

Reapplied – David Cherner Chris John

Applied – Dan Kuplic Raj Bhandari Jeff LaFavre

Ames Center Adv. Commission: 2 Regular Members – terms ending 6/2019

Reapplied – Grant Gardner

Applied – Jane Bristow

* Interview was waived