call this regular meeting of the Burnsville city council to order we will begin our meetings uh with 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 the clerk will note that all council members are present tonight's meeting is being conducted both in person and online members of the public May attend in person or the public can also watch this meeting online at Burnsville mn.gov meetings or Comcast channel 16 or 859 the public also uh can participate through Zoom by joining us at zoom. usjoin more information is available on our meeting web page and in the council agenda [Applause] packet the next item on the agenda is announcements and presentations our announcements have to do with all of our upcoming meetings regular Council meetings are scheduled for Tuesday April 16th at 5:30 p.m. and Tuesday May 7th at 5:30 p.m. we have work SS scheduled for Tuesday April 9th at 5:30 p.m. and Tuesday May 14th at 5:30 p.m. we have a closed session for the city manager performance review and that is Tuesday April 16th at 6:30 p.m. in the nicholet room we also have another special work session and that is our quarterly round table with our leadership team and that is Tuesday April 23rd at 5:30 p.m. and today we are pleased and honor to um recognize the service of the uh code review task force members so tonight we recognize their achievements and their service to the city of Burnsville through their work on our code review task force the task force was convened in July of 201 21 to undertake a review of our city code and make recommendations to the council this is really truly about getting our residents uh to participate in government and uh the rules that we make and since that time the members have diligently worked with staff on updates which included making the codes easy to read and understand and eliminating unnecessary B barriers and regulations they have now completed their Monumental task to review titles 1-9 and we are grateful for their work and I along with I uh along with the uh council members and our um city manager Greg Lindberg and the members of our staff thank uh the code review uh task force for all of their service and uh one of the things that we'll do tonight is that we will give you certificates but we have PLS for you that didn't arrive on time for this event so please forgive us for that but what I'm going to do if you can all line up I'm going to give everyone their certificates and then we'll take one big picture uh with the council and our city manager in the front here so if you will join me over on that side and if city manager um Eric just got promoted to city man sorry sorry gra I'm GNA come too that was yeah frean so so Andrew you cheered this committee and thank you so much thank you okay uh Michelle Ward thank you so much glad do must J oh maybe J is Vicki [Applause] Anderson Fel Farah did I pronounce that correctly thank you Heidi Gill thank you thank you Donald Jensen don don Donal and I know ironically that is my husband's name where is he yeah Donna Donna helps us in so many ways and uh I just was in a meeting with her also Patty Stockwell thank you and Joshua wals and that's it and thank you so much and and uh we'll be right over here everybody so that they can take picture of I guess we could run their phones I'll take it up to your car for you want to switch position move over just Swit with he I can yeah it's unbelievable all right ready one two three one two three get some with my phone here all right one two three and one more one two three thank you thank you thank you thank you thank you thank you the next item on the agenda is Citizens comments and this is the opportunity for anyone in the audience to address the Council on an item that is not on our 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 Mrs Henderson is there anyone online no Madam mayor okay thank you we will'll move on the next item is additions to the final agenda and this is for emergency items only city manager Lindberg are there any emergency items nothing from staff thank you members of the council okay we will then move on the next item is the consent agenda and this is a grouping of items that's considered to be routine and will be enacted by one motion however an item and a consent agenda can be removed for a separate discussion and vote is there anyone in the audience who wishes an item on the consent agenda to be removed for a separate discussion and vote anyone who wants an item removed Mrs Henderson anyone online no madame mayor okay thank you um city manager Lindberg does the staff want to pull an item not from staff members of the council may I have a motion to adopt the consent agenda please so moved there's a motion and a second all in favor please say I I oppose say nay and the motion carries the first item on the regular agenda is item four uh and that is for a no item 5A on the regular agenda and that is a public hearing and this is a resolution adopting the neighborhood service assessment and presenting this evening is our community uh development director Mr Jeff Thompson Mr Thompson the Flo is yours thank you mayor and Council um so as the council's aware twice a year um as part of our Council policy for um Neighborhood Services twice a year we review outstanding fees and charges for Neighborhood Services and Property Maintenance um and then for those unpaid fees and costs um we consider the council considers um assessing those as special assessments uh to the properties uh with those unpaid we've done a lot of work before we get to that point um so as part of our uh regular response to complaints or issues in the community around Property Maintenance or rental uh units um we work collaboratively with property owners um and with tenants to make sure that we're trying to solve issues um and resolve things before we ever get actually to ever any enforcement of a property but there are certain certainly those cases um that do uh continue on despite our our uh education and our collaboration and so um at some point we do if there's continued non-compliance with our ordinance uh issue uh fines and citations uh for unresolved complaints um we give several notices about those um fines and and then um uh we provided a final notice uh to those that have outstanding fees and charges um on March 15th and then we also held an open house here at City Hall to address questions um and work through any sort of concerns or issues with those uh outstanding fees and charges and we didn't have anybody attend that open house so with tonight this is really the last opportunity um to address uh concerns or questions on the fees and charges with the public hearing uh for the the second half assessments of 2023 so the total uh this this period runs from July 1st to December 31st of 2023 the total amount of all unreimbursed charges um in the assessment role is uh just over $8,100 and as I mentioned um that's the the time frame we're looking at it doesn't include if there's any sort of pending court cases or other litigation it doesn't include any of those we wait till full resolution of any of the the litigation before we would proceed with this so with that we recommend the council hold the public hearing um and then after the public hearing adopt the resolution approving the special assessments for the second half of 2023 and I'm happy to answer any questions thank you Mr Thompson uh any questions from Mr Thompson okay thank you this is a public hearing I will now open the public hearing is there anyone in the audience who wishes to address the Council on this item anyone who wishes to address the councel Mrs Henderson anyone online no Madam mayor okay with that I will close the public hearing members of the council your pleasure to approve second there's a motion in a second all in favor please say I I oppose a nay and the motion carries thank you the next item is uh another public hearing and this is to approve offsale intoxicating liquor license for Cub store Holdings LLC doing business as Cub Wine and Spirits at 1700 West County Road 42 presenting this evening is um Deputy city clerk Erica Henderson Mrs Henderson thank you so this is for an offsale license for the new Cub on 42 once it has been built uh the license issuance is contingent on the applicant successful completion of passing the background check uh submitt of all required documents the certificate of occupancy being issued and all license fees being paid city code does require a public hearing for all new liquor licenses and I can stand for any questions thank you Mrs Henderson any questions for Mrs Henderson seeing now this is a public hearing is there anyone who wishes to speak to this item anyone who wishes to speak to this item Mrs Henderson anyone online no madame mayor okay with that I will close the public hearing uh members of the council your your pleasure move to approve there's a motion and a second all in favor please say I aose a nay and a motion carries thank you the next item is 5C and this is a public safety use of drones acceptance of uh public comments uh this evening and approval of the unmanned aerial vehicle policy and authorization uh to purchase drones presenting this evening is our chief of police um Tanya Schwarz and our assistant fire chief Terry Richie Chief Schwarz welcome thank you Madame mayor members of the council so just a little bit of background as reminder uh January 9th work session the council supported the implementation of Public Safety use of drones and directed staff to move forward with developing a policy and so we've been doing that so we drafted a written policy and so the process from here is to take public comment uh ask city council for policy adoption policy implementation and management and monitoring of use of course and O sorry uh so with public comment just in it with the statute requirements the city uh has provided an opportunity for public comment electronically and by mail and that's happened uh for tonight's meeting and a policy governing the use of unmanned aerial Vehicles was developed it was also made Avail available for the public uh for comment on our website so we've done that as well and so for tonight really just the process is we're looking for city council to take public comment on the purchase and the use of the drones the GL man aerial vehicles and then take public comment on the policy and then approve the purchase of the uavs as well so that's what we're looking for this evening okay thank you any questions for uh Chief Schwarz thank you um you all have done a very um comprehensive work with all of this and that you're looking to purchase um four drones and um and then the the data storage and Licensing yes of the drones and then uh making sure that we certify 10 Pilots so that we always have someone on on the ready when things occur and uh so thank you for that and um this is also this is not a public hearing but it's a time for us to take public comments on the use of drones uh anyone in the audience who who wish to comment on this practice this is equipment that our Public Safety both police and fire need in executing their mission and doing the work to keep us all safe not okay chief Richie did you want to make any comments I can yeah because uh you're going to be using these tools as well yes Madam mayor members of the council um obviously drones are known in the public safety right now is really in the police world but over the last year uh year or two it's really taken off no pun intended in the fire service also uh for the use it really can be used in at firefight at a fire scene uh to help the instant Commander really get a good look if we can't get in the backyard or whatever that may be also in water rescue programs uh if there's any type of drowning or any type of water incident the thermal imager in there can actually detect the body in the in the water so our water rescues definitely help with that and then the biggest one probably is area search in our Parks so really come on in the fire service why we're not quite up to speed with like with the PD right now but in the near future we will be looking to uh certify Pilots also yeah well you both work so well collaboratively and and and and that I believe makes us stand out from all other uh police and fire department Ms within our state and also throughout the country and I thank you so much for the kind of collaboration and the care that uh both uh police and fire do each and every day to protect our city and um it's an honor to make sure that you have the equipment to do your work so thank you so much is there anyone else who so there are no comments any comments uh online Mrs Henderson we are trying to figure that out um somebody did have their hand raised but then they took it down yes so I'm not sure we're trying to get this to see if they would still like to speak can you chat with them and see if they're interested we have been you have been yes okay so can you see them yes okay and Jay has been in contact with them as well okay so Jay's speaking with them [Applause] now yeah well we'll give them a minute but yes yeah [Applause] okay we'll just move on yep okay members of the council um if uh there are no other questions for our chief and um assistant fire chief a motion is in order move to approve as presented second there's a motion and a second all in favor please say I I oppose say nay and the motion carries thank you so much and thank you you for all of your work also over the weekend uh it's been a very busy busy weekend and a busy day thank you so much thank you thank you very much really appreciate everything that you guys do thanks okay the next item is to adopt uh an amendment to policy number 1.27 for the City contributions to Legacy events to include reimbursement funds uh presenting this evening is uh our strategic ini to director Mrs Bethany Brewer Mrs Brewer good evening mayor and Council yes I am here to present your uh policy revisions to Legacy Event policy number 1.02 7 so um policy 1. 027 is uh governs our city commitments to our Legacy events community events and special events um and back on at a February 13th work session Council asked staff to revise the policy to include $50,000 for Burnsville festival and then $10,000 each for International Festival in art and all that jazz um in our conversation Council asley asked us to bring back costs of 2023 basic city services and to review the use of Eda funds for those um those commitments so just as a quick reminder um our Legacy events policy does provide the following basic Services uh for our Legacy events so um provides a staff liaison um staff labor to support the event and then waves any mist permit fees when Allowed by law um uh our staff did uh do an estimate of um our cost for basic city services for the past 5 years in each event and in 2023 you can see the estimated costs for each of those events of the basic city services um we did review the use of ADA funds for this purpose um Eda funds can expand and diversify the local economy and enhance the city's position as a regional destination and so so as we were analyzing in our um our analysis would be that there is a Nexus between those funds and the purpose um for festivals or Regional attration that draw visitors um visitors spend money which boosts our local economy and generates revenue for the community um so we did find an Nexus there for those uh the use of those funds um so uh for that purpose the policy um that you have with you the redline policy um indicates that the Eda May reimburse Legacy events for items reasonably associated with music production artistic activities and fireworks so that's how it's written and then the process for reimbursement um uses a reimbursement process for transp transparency and efficiency um Legacy Partners would submit receipts for eligible expenses um the policy as it is currently written and into the future does allow the city to request financial statements for um the organizations that are putting on the festivals if needed and then um the the reimbursement process would include in resolution to approve the use of funds and then items would be brought to the Eda for approval um so that's um covers the the policy revision um that we discussed and that you directed and so we're here to stand before you for any questions Mrs Brewer when you talk about the reimbursement that's not over and above the 50,000 is it no Madam mayor that would that's includ that's the that's the 50,000 yes uh in cash yes okay so I just want to make it clear that yes there's a 50,000 that is given and then you identify the uh eligible items that 50,000 can be used yes yes mayor and Council the music yep artistic activities and fireworks okay so I I guess for me the confusion is the reimbursement when we're giving 50,000 and then there's three activities that reimbursable but that's in the 50,000 yes so Madame mayor and Council the um the 50,000 isn't given right it's the amount indicated and then the reimbursement would yeah the I just want to make sure because when you your your one slide says 10,000 to the um International Festival 10,000 to the Jazz and 50,000 too and then you said the reimbursable but it's the 50 th000 that is in is where those re reimburse for those activities up to $50,000 if that makes sense 50,000 for the Burnsville Festival festiv 10,000,000 yeah okay any questions for Mrs rer uh council member uh Keeley thank you madam mayor um it's interesting as I read through this um because of the funding coming from the Eda in the spirit of how this was um created and proposed the 70,000 would come from the Eda but the way it's written for reimbursable one could interpret that all of the public safety and City staff billable hours that were put into that number could also become part of that where we would have the Eda reimburse our general fund that is not the intent as I understand it but to the City attorney could it be inter reted that way uh mayor members of the council I don't think as written it could be interpreted that way it started with the general concept that we had in our policy from before and then we've just added that it's specifically from the Eda that these other funds will come the cash right these reimbursable expenses but not the public safety public works that's already provided by that's correct that's I knew that's the way we wanted then I was reading through and Going H kind of feel like I could interpret it a different way but thank you very much for the clarification because comes from the general fund this the cost of staff comes from the general fund right and the uh cash is coming from the Eda okay any other questions for Mrs Brewer okay um members of the council and um uh members of our community I have great respect for my colleagues and uh I know that this is something that they want I disagree with it uh and so I'm not going to be voting for this particular item simply because I don't believe that it's right uh for any of us to sit on a nonprofit board that is uh that we're members of that um board why because we have access to the people's money and that's not right because um it's like what's happening tonight is that we have access to that money and to use that money for for pet projects so uh I am not going to be voting for this and my colleagues know that uh we have talked about it at work sessions and uh uh I'm also going to be asking that uh at a work session uh members of the council that we have a a discussion about um members of uh the city council sitting on um on the board of uh these uh festivals council member key thank you Madame mayor um we've had this public discussion at our work session but um I just want to thank the support uh of the majority of the council to um on this particular proposal that I brought forward um U there's certainly a greater discussion about our participation of our volunteer hours on other organizations the nonprofit organizations that are based in Burnsville in this particular case um I would just probably push back a little on Pet Project the Burnsville vessel and fire muster has been going on for 43 years and I got involved two years ago uh to help U keep it going uh and because it's a it's our largest and oldest uh festival and it's it's sort of akin to Egan days and the freedom days in Apple Valley and the pan Prague in Lakeville and um leprechaun days and Rosemont that kind of thing so it's it's really perceived as um is a is a very large Citywide Festival um and uh it is it is U it is a labor of love that I donate enormous amount of hours to make that Festival continue to go and uh this the basis is as I said in this uh work session uh the basis for this proposal was actually learning from many other cities around us that do this um including Lakeville which wasn't in our background but they provide 50,000 and uh financial support to the organization that puts it on and it basically is very isolated to fireworks uh performances musical performances uh bathrooms gating that kind of stuff whatever whatever those costs are uh that are related to putting on a free and open music fireworks types of thing everything else about the festival has to be covered by revenues sponsorships and other kinds of things but so uh anyway just uh happy to have more discussion Madame mayor um and I appreciate the support of the other council members who believe that this is the right thing to do as many other cities have been doing for very very long time and we haven't so I'm glad that we're actually stepping in I believe doing the right thing to support this uh festival and these other two festivals to ensure that they have a long-term uh future in our city thank you okay um members of the council um your pleasure move to approve second there's there's a motion and a second second all in favor please say I I I oppose n nay and um and the clerk has the division of the house I do thank you thank you uh everyone and uh I see that that was the last of the items on the regular agenda and there are no other items to come before us this evening and a motion to adjourn is in order motion to adjourn there's a motion to adjourn second there's a second all in favor please say I I oppose say nay and the motion carries good night and thank you for being with us