Burnsville council approves land‑use entitlements for ‘Big Hits at the Gateway’ after split vote; state remediation review remains required

The Burnsville City Council voted to approve land‑use entitlements for the Big Hits at the Gateway mixed‑use entertainment complex at 11937 Interstate 35 W after a split roll‑call vote that followed more than an hour of public testimony and technical presentations.

Planning Manager Mike Marosla told the council the application seeks approval of a preliminary and final plat, a conditional use permit for outdoor recreation and building height, and a planned unit development to allow flexibility from zoning standards. Marosla said the site — previously used as a freeway dump and later as a driving range — is subject to overlay districts including drinking‑water protection; he noted the project team and staff expect remediation plans and any state approvals to be memorialized in a development agreement before permits are issued.

Architect Mohammed Lawal, principal at Lawal Scott Erickson Architects, described plans for a three‑level driving range with indoor/outdoor courts, conference and event space, restaurants and youth programming, and said his firm would not design a building that "would be harmful to the public or the environment now or in the future." Environmental consultant Brian Murdoch urged the council to allow the applicant to proceed to state discussions, arguing decades of monitoring show no current threat to the city’s drinking water and that a management‑in‑place approach (capping, venting and monitoring) could be effective. "We're turning an outdated driving range into a modern community space with cleaner soil, water, air, and a no burden to taxpayers," Murdoch said.

Opponents — including longtime residents and watershed volunteers — urged denial until the Minnesota Pollution Control Agency (MPCA) and Minnesota Department of Health (MDH) approve a remediation or response action plan. Resident David Young asked the council to "stand shoulder to shoulder with the MPCA" and vote no until the developer proves the site safe. Paul Bello, a volunteer with the Black Dog Watershed organization, said he found the MPCA’s analysis "well researched, and quite credible." Several commenters noted an MPCA lawsuit and the potential for state action, warning that contaminants named in state filings could threaten regional groundwater.

Council members split on whether approving land use now — with conditions and requiring state approvals before any permits — would prompt necessary borings and MPCA engagement or whether it risked signaling premature acceptance of the applicant's approach. Council Member Keeley framed the council's role as land‑use decision‑maker, not the environmental regulator, and described the approval as a step that would allow the applicant to determine whether it is reasonable to proceed to the MPCA. Council Member Gustafson said potable water "is not a negotiable item" and voiced concern about proceeding without more state clearance. Council Members Schultz and Workman said moving the land‑use decision forward could compel the borings and MPCA engagement the council and public have sought for years.

Council Member Keeley moved to approve the requested plats, conditional use permit and PUD and to adopt the rezoning ordinance and findings of fact; the motion was seconded and carried by a majority. The council recorded votes including Gustafson (nay), Schultz (yes), Workman (yes), Mayor Elizabeth Counts (no) and Keeley (yes); the council adopted the staff and Planning Commission recommendations with conditions. The approvals carry a one‑year lifespan for the conditional use permit and the record notes that issuance of building permits requires MPCA/MDH approvals and a development agreement that memorializes remediation obligations and other requirements.

Next steps are procedural and regulatory: the applicant must pursue outstanding state reviews and provide documentation requested by MPCA and MDH, and any remediation commitments must be memorialized before permits can be issued. The council’s action advances land‑use entitlements but does not authorize construction; the MPCA and MDH remain the decision authorities on environmental remediation and public‑health protections.

The council then moved to a closed session to consider sale offers for city property at 14751 Portland Avenue South and adjourned after reconvening.