Now we're live. >> Good evening, ladies and gentlemen. It is now 5:30. I'm not sure. >> And if you would all please take your seats. >> Thank you. I will now call this regular meeting of the Burnsville City Council to order. It is our tradition to stand for 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. >> Welcome everyone. It's always good to see people in the chambers and everyone is welcome. Um members of the public may also choose to watch us on television and uh or on burnsvillemn.gov/meings. You can also go to Comcast channel 16 or 859 to view this meeting and the public can also participate through Zoom by joining us at zoom. us/join. More information is available on our meetings web page and in the council agenda packet. The next item on the agenda is announcements. And tonight is a celebratory night for us here in Burnsville. But uh I have announcements and one proclamation and then the awards. Announcements have to do with all of our upcoming meetings. Regular council meetings are scheduled for Monday, November 3rd at 5:30 p.m. Now, usually all of our meetings are on Tuesday. However, it's going to be held on Monday, November 3rd, because Tuesday the 4th is an election day and we're not allowed to hold meetings during elections. The next regular council meeting is Tuesday, November 18th at 5:30 p.m. We have a work session that's scheduled for Monday, November 10th at 5:30 p.m. and that is Veterans Day. And we have a special work session for our quarterly roundtable and that's scheduled for Monday, November 3rd at 5:45 p.m. and that will be in the Dakota B uh conference room. All meetings of the city council are held here in the chambers unless I announce a different location for instance like um the quarterly roundt that will be in Dakota B and that's downstairs. So our the proclamation for today is make a difference day. Whereas volunteer service is an investment in our future bridging the difference that divide people by working together to solve serious social problems. And whereas the annual observance of Make a Difference Day encourages people to improve the lives of their fellow human beings by giving where there is a need, rebuilding what has been torn down, teaching where there is a desire to learn, and inspiring those who have lost hope. And whereas Burnsville is fortunate to have many caring residents who are willing to donate their valuable time, energy, and talent to making a difference in the lives of others through volunteerism. And whereas at this time we would like to recognize and thank our many community partners for their valuable contributions throughout the year including Beyond the Yellow Ribbon, Burnsville Athletic Club, Burnsville Community Foundation, Burnsville Historic Society, the Burnsville Festival and Fire Muster, Heart of the City, race committee, the hockey club, the International Festival Board, the Lions Club of Burnsville and Savage, the Minnesota Valley Figure Skating Club, backboard Rotary Clubs in Burnsville, both the morning and the noon Rotary Clubs, the senior center advisory council, the softball council, the Sweet Sue, Garden Club, and many more. See, in Burnsville, it is all about us coming together for our community because we love this place we call home. So now therefore, I, Elizabeth Couts, mayor, on behalf of myself and the city council, do hereby proclaim Saturday, October 25th, 2025 to be make a difference day in Burnsville, and urge my fellow residents to observe this day by connecting with friends, relatives, and with religious, school, and civic groups to engage in projects that make a positive difference in our community. proclaimed this 21st day of October, 2025. And now I'm going to go to that side uh to make the awards for all of our wonderful community builders who are here this evening to be recognized. And if the council can join me, please. And um we will do that. And I'll city manager So, I have been asked many times out in a front why we're wearing what we're wearing. We are all here uh supporting our police department. Um the month of October, they are all wearing their pink patches because they are because they are all raising money for breast cancer research and we're supporting the work that they're doing. So, thank you very much to our uh police department for the work that they do uh to help with breast cancer research. And so, wearing uh what we're wearing is in support of the work that they're doing. Uh and so here in B they do great things. They're not they take care of the community. They keep us safe. Uh and they're also raising money for breast cancer research. So welcome to our Burnsville community. This is our annual community builders awards recognition and it's also the time when uh we pin those being recognized with a starthrower award for making a difference and I'll say more about that later. Um, this is one of our favorite events uh of the year as we get to recognize special people uh in our community who make our city such a vibrant place to live and a welcoming city to call home. And thank you to all of you for joining us here tonight to celebrate these wonderful folks that make big difference in our community. Each year we do this and it's been over 20 years that we've been doing this and recognizing our wonderful community members. I am amazed at the variety of ways our community members step up, help out and make this community the remarkable place that we are all so proud to call home. to those uh we will recognize to tonight. Your time, your talent and passion for the community make us all better. our on behalf of myself, the city council and our staff here at the city of Burnsville, I am pleased to present our community builders award and also to pin those who are community builders with the starthrowers pin. So, let me tell you the story about the starthrower. So, there's a story by Lauren Eley that goes this way. There's a gentleman who takes a walk along the beach every morning. And one morning as he went down to take his walk along the beach, he saw that the beach was just littered with starfish. And out in the distance saw someone who appeared to be dancing. So, he kept walking. And as he came up to this individual, he said, "What are you doing?" The young woman went over to her gunny sack and pulled out a starfish and threw it into the ocean. And he said, "You can't possibly make a difference. The sun is coming up and the beach is littered with starfish." She went over and picked up another starfish from her gunny sack and threw it into the ocean and said it made a difference to that one. You see, ladies and gentlemen, we make a difference in the lives of the people in our community and around us through all manner of ways. A smile, you could make a difference to someone's life because you don't know what they're dealing with. But a smile can make that person's day a remarkable day. Just being here and doing what you do for one another says that we care and we practice kindness and compassion here in Burnsville. So, first I'd like to ask that the winners to please come to the presentation area uh when your name is called to receive your award and take a photo. And um second, after the final award is presented, I'd like to invite all of the winners to come back to the front for a group photo. And uh we have our photographer ready to do all of that. And so I'm also going to say if you want to cheer for the uh recipients, please do because that adds to the spirit of what we're here to do is recognizing the great things that we do for one another. So the first award this evening and who's going to be you're going to help pin council member Schulz is going to help pin and um everybody's going to come. So the first award goes to Allison and Amagua. So Allison was nominated by Emma Cook. Emma, there's Emma Cook. Allison actively engages with her community through service initiatives, assisting teachers, and mentoring students at the local elementary school. Her nominator, Emma, who met Allison during their freshman year, describes her as a shining light. So, thank you, Allison, for brightening our community and supporting the growth and enrichment of our students. Thank you so much. So, [Applause] So Allison, I understand that one of your teachers was a little tough with you. >> Yeah. >> But look at you now. So, we're so happy that uh you have brightened uh the lives of others and uh you're continuing to thrive. >> Thank you. >> Thank you. >> One, two, three. One, two, three. >> Yeah. Allison, we're gonna Yeah. >> So, >> one of these wonderful gentlemen will be in charge of the boxes. >> Team effort. >> It's a team effort. >> Stand back. The next award goes to the breakfast rotary and tonight it's being represented by uh Rotary President Gregory Levigson and Judge David Kudson. the Burns. So, the Burns the Burnsville uh Rotary Club uh nominated by Lisa Engelen with Darts has long demonstrated service above self. Their partnership with Darts helps older adults stay in the home and communities they love, providing vital support through outdoor chores assistance. And tonight we especially honor their dedication to this work. >> Thank you. >> Thank you. >> And at one time I was a proud Rotarian for the breakfast >> and the noon club. Now I'm a lion. Now you're a lion. >> You want to hear that? Right. Whoops. >> Yeah. Make it over here. It's not not too often we get to honor a judge with an award. >> Thank you. >> Thank you. [Applause] Okay. >> Thank you. The next recipient is Carlos Lopez, International Festival of Burnsville. Carlos was nominated by um our International Festival of Burnsville chair Amber Cameron and myself. [Applause] Carlos was uh part of the original group that envisioned the International Festival of Burnsville nearly 20 years ago and has supported it ever since as a co-chair uh of fundraising and longtime MC. His energy and dedication have helped make the festival a vibrant community event even to today. So, thank you so much. [Applause] We're live. We like to hug everybody. >> Yeah, I know. >> It's kind of a thing. >> Okay. No, stay here. >> Picture. >> Picture. Picture. Picture. >> All right. Here we go. >> One, two, three. One, two, three. >> Thank you, sir. Our next recipient is Jason Lowe, Burnsville Festival and Fire Muster, nominated by Skip Nin House. [Applause] Jason has served as operations co-chair for the Burnsville Fire uh festival and fire muster for the past three years, leading logistics and ensuring a smooth experience for up to 15,000 attendees. His dedication and leadership were recognized this year with his appointment to the festival board. Jason has also participated in the Burnsville Fire Ops 101 class, gaining firsthand insight into the work of our uh firefighter paramedics, further showing his commitment to serving and understanding the community. So, thank you Jason for your work on the Burnsville Festival and Fire muster and for your commitment to our community. [Applause] One, two, three. Have you scoot that way? There you go. One, two, three. Thank you. [Applause] The next recipient is Julie West. Kids and Kinship. [Applause] Julie was nominated by Kids and Kinship for her incredible dedication to youth in our community. She volunteers as a mentor to Allison, celebrating a one-year match anniversary this past January. Jared Peterson, program coordinator, says Julie's warm personality and commitment to bettering Burnsville through her community involvement and direct volunteerism make her so deserving of this award. So, thank you, Julie, for making a difference in the lives of our youth. So, Julie, is that the Allison that is your mentee? >> It is. >> She's a star. And here you are both of you. >> I know. >> I know. >> You two can make the difference in youth. We are looking for lots more volunteers. I was just told that they had are looking to close the window or the list for kids to sign up because they don't have enough volunteers. >> Okay. >> So, if you have a heart for children, That's >> you made a pitch. >> That's my job, right? >> Yeah. >> One, two, three. One, two, three. [Applause] Julie. This next um recipient is Christy Peterson and she truly is a star. Uh she is uh [Applause] um the Burnsville Police and Fire Foundation golf tournament nominated by Skip Nin House. From the beginning, Julie has led our fundraising initiatives for the police and fire foundation and has been extremely successful. So Christie um the golf the fire uh police and fire foundation golf tournament for the past two years and coordinating a full day of golf recognition and community support. And under her leadership, the event has raised nearly $500,000 to help provide Burnsville's first responders with resources not covered by their yearly budget. [Applause] >> So, thank you for all of the work that you're doing. It's so wonderful to work with you. >> Yeah, >> you are a star. Okay. >> Is it the Marines or they >> every service on the side? >> You want to do picture first? >> Yep. >> One, two, three. One, two, three. [Applause] The next recipient is Michael McGawan, Freeway Transfer Station and nominated by Carl Franklin. [Applause] For decades, Michael has been described as a community builder, creating businesses that serve both Burnsville and beyond. From the freeway uh transfer station, which keeps items out of the landfill, to a driving range that brings joy to local golfers, his ex his contributions have had a lasting impact. His nominator, Carl, states that Michael has been a valued member of the community for years, and we are pleased to present this award tonight. [Applause] I will say Shelly Golf also donated to Burnsville Travel Baseball this year. >> Oh, okay. >> Na, two, three. One, two, three. >> Congratulations. The next award goes to Paul Autton uh with legal assistance of Dakota County nominated by an so Paul dedicates his time and legal skills to legal assistance of Dakota County offering thoughtful guidance to individuals facing difficult consumer issues. his consistent support, compassion, and willingness to step in wherever needed make a meaningful impact on both the organization and our community. So, Paul, we are very grateful for the impact you have made to the organization and to our community. Thank you very much. Put in three. One, two, three. >> Thanks. [Applause] And the next award goes to Sha Neshman, nominated by her spouse, Tammy Neshman. Shawn has lived in Burnsville for 16 years. and founded his own graphics company eight years ago. He supports local businesses, schools, and community events using his creativity and passion to promote inclusion and highlight the best of Burnsville. Thank you, Sean, for your dedication to our community. We appreciate you. [Applause] two, two, three. [Applause] And the next and last award goes to Tone Waters with uh you advocates [Applause] Amy met her while they were volunteering at Gideon Pawn Elementary. Tone is a founding member of With You Advocates, supporting families of children with special needs and helped establish our church and a monthly book club for local moms. She is actively engaged in ISD 191 as a substitute teacher, volunteer, and PTO president at Gideon Pond Elementary. So, thank you Tone for everything that you do for our community. [Applause] >> Take a picture. >> One, two, three. One, two, three. So, so one recipient is not here with us and she requested that uh her um award uh be mailed to her. Uh she is officer Mariah Letto, a community uh policing individual in South St. Paul and um the person who nominated her is from South St. Paul and she works in South St. Paul and so but so we will mail her uh award to her and so if all the recipients can please come forward and we'll take a group picture. >> So you have your Anybody have >> I'll go get it. >> There's some height in this group. >> Uhhuh. >> Let's see. Do we have everyone? >> We can squeeze together. Okay. your fisheye. >> You want to come over? >> Okay. Ready? >> One, two, three. >> One, two, three. I'm take one more. >> Let me take one more. One, two, three. Okay, thank you. [Applause] >> We're done. Thank you. Okay, the next item on our agenda is citizens comments. And this is the opportunity for anyone that would like to address the council on an item that is not in a printed agenda and not an application form that will be coming before us at a future date. And I know that there is one individual who wishes to address the council uh who is in the audience, Mr. Bruce Henry. It's Mr. Henry. Yes, Mr. Henry. >> The Is this on? >> Uh, it should be. And then if you can give us your name and address for the record, please. >> Uh, my name is Bruce Henry. I reside at 12575 Pleasant Avenue, apartment 304. And that is a real life cooperative of Burnsville. and I currently serve as the incoming uh board president and I wanted to speak to the council. First of all, I wanted to congratulate you guys on starting the trail. It's been a three and a half year project. It's working great. it it's I would like to invite all the city council come and uh view it because there's a couple things we would like to know uh when the fencing comes up in the lighting because we would like to use the same manufacturer for fencing that you guys did. I checked on that. Uh what what I really came to speak about is about the special uh assessment. I know you guys had your public hearing in May and unfortunately uh most of us who currently serve on the board thought it wasn't a good time to speak to that. Uh but uh we're not pleased with u the special assessment. We don't benefit from it. And what I really want to read and I have some background material that was sent through our finance chair who's currently also on our board and it was said uh in regards to uh new buildings being added and and this was Molly Stone that answered this and said this will spread the assessment to new properties and will therefore lower the assessment for existing properties. And I looked at in our documents and uh we went from 2719 to 29 20 to 372. I don't call that a lowering of the assessment. Now I don't know if you guys have assessed the new properties or not. That's what I would like to get an answer. And I'd also like to find out since we're 119 people own the property that we live on. I'm not an owner. He he's in the same situation. Whether 119 of us would have to fill out a form to dispute the assessment or could we do it as a joint effort of the board of directors? uh that I am going to have you speak to our city manager and our team and they can help you understand how all of that transpired. Okay. Because it has been a long process >> um that has been going on and our attorney has also been the part of that with regard to your attorney. >> Okay. >> So, we're going to let our city manager and our team have that conversation with you. Okay. since it already has been done. >> Yeah. The only reason I I'm one of these people I was a I was elected in 2017 in the state of Nevada uh for the first time to a town board. So I understand what you guys do, but I also understand after I rotated off of that, I was able to accomplish with some citizens and get things changed. So, I know that one person can't make a difference, but one person can make a difference in one cooperative. And I speak, I think, for most of the uh senior citizens there. And uh uh and I would like you guys if if you want to come and look at our property and and just analyze whether or not we actually benefit from this assessment, I think you would have a different point of view if you looked at it from the people who live there. And I really want to thank you guys for letting me speak here for two or three minutes. Thank you. Because normally I get in front of a mic and you can't shut me up. >> Well, thank you for coming in. And uh you did have two residents who spoke in favor of it. >> Okay. >> So, >> thank you. >> Thank you. Is there anyone else who wishes to address the council? Mrs. Collins. Anyone online? >> No, madame may. >> Okay, thank you. Uh, we will now 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 to come before the body? >> Nothing from staff member. >> Members of the council. Okay, we will move on to the consent agenda. The consent agenda is a group of items that's considered to be routine and will be enacted by one motion. However, an item on a consent agenda can be removed for a separate discussion and vote. Is there anyone in the audience who wishes an item to be removed for a separate discussion and vote? Mrs. Collins, anyone online? >> No one online. >> Mr. Lindberg. Does staff wish to uh pull anything from the consent agenda? >> Not from staff mayor. >> Members of the council. Nope. >> May I have a motion to adopt the consent agenda? Please. >> To approve. >> Second. >> There's a motion and a second. All in favor, please say I. >> I. Oppose. Say nay. And the motion carries. Thank you. The next item is on the regular agenda. And this is the public hearing. And this is to approve a resellers license for Premier Gold, Silver, and Coin Association LLC. Presenting this evening is our deputy city clerk, Mrs. Erica Henderson. Mrs. Henderson. >> Thank you. Good evening, everyone. So, Premier Gold, Silver, and Coin Association. They are a national precious metal and collectible firm based out of Ottawa, Ohio. The company specializes in hosting in-person buying events. So, road shows is another name for it. And they travel the US hosting these road shows. They have proposed to come to the city of Burnsville over at the Windham Hotel November 18th through the 20, excuse me, through the 22nd and the operating hours would be from 8:00 a.m. to 8:00 p.m. The company has submitted a reseller's license application. They um have acknowledged and agreed to comply with all city code regulations and requirements and they have registered with leads online. The Burnsville Police Department has conducted a background check and nothing was found. And as required by city code, a public hearing is uh must be held for all new reseller licenses. And I can stand for any questions. >> Any questions from Mrs. Henderson? Yes, council member. question. Just a comment, Madame Mayor. Um, being familiar with this industry, I want to compliment this company for coming forward. There are a lot of these types of operations that don't come to city councils. They come in, they operate in a hotel for three or four days and they leave and they don't report anything. I'm very respectful of a company that comes forward and follows the rules like everybody else in this business does. >> Thank you, >> Council Member Gustoson. >> So, is this just for that period of time or this be year-long so they could do other events in the city should they want to do that? Yes, they will be licensed through the whole year with the expiration date of June 30th. >> Thank you. >> Yeah, I also like the fact that they also um um opted onto the um resellers >> leads online report >> leads online. So, I thought that was for something that they're doing and they're just I think very good ethics. >> Yeah. Anything else from Mrs. Henderson? With that, I will open the public hearing. Is there anyone who wishes to speak to this item? Anyone who wishes to speak to this item, Mrs. Collins? Anyone online? >> One online. >> Okay. Members of the council, I will now close the public hearing. Uh, your pleasure. >> Move to approve. >> Second. >> There's a motion and a second. All in favor, please say I. >> I. Oppose, say nay. And a motion carries. Thank you very much. The next item is a continuation of MSP Burnsville LLC's request for a plan unit development amendment and a conditional use permit to allow for a long-term care facility at 14400 Nicollet Court. Uh we're asked to adopt the ordinance and the findings of fact. Presenting this evening is our planning manager, Mr. Mike Morosa. Mr. Morosa, the floor is yours. >> Thank you, Madame Mayor. Good evening, mayor and councel. So, as the mayor just mentioned, this is the continuence of MSP Burnsville LLC's request for a planning development amendment, a conditional use permit for to allow for a long-term care facility at 14400 Nicollet Court. So, background, this item was item was tabled at the September 16th city council meeting to allow staff and the applicant to address um some outstanding items as directed by council. And um since that time, we have made progress and we're back before you tonight. So um since then too, it's worth noting that the applicant has submitted a 40-day extension. Um at the last meeting, the 120day um approval clock wore out or expired, I should say, on October 8th. So we had to the applicant agreed to extend the application voluntarily past that 120 days which they did uh additional 40 days or until November 17th 2025. So with that outstanding direction from the council was there's four items. The first one was the applicant shall contact and discuss the proposed use with Hikimma Academy located at 14300 Nicollet Court. The second item was to add a condition to ensure um review of the conditional use permit if the subject property is ever sold. The third one is the applicant shall review their operation plan to see if they can reduce the number of beds. And four, the applicant shall add a condition oh add a condition that establishes a scaling model for staffing levels and client capacity upon initial startup and the months following. Since then, the applicant has made progress on all three of those and staff and the applicant and the city attorney have drafted conditions at the direction of the council. So, the first one we'll talk about is public outreach. The applicant has met with Pickup Academy and they have provided a letter of support which was included within your packets tonight. Um the second one, a condition was added to state that a conditional use permit shall be recorded with the chain of title for the subject property and shall be incorporated into any lease agreement associated with the use. This ensures that any new um party that purchased the property is aware of the lease agreement or is aware of the conditional use permit and it will be included in any kind of um the incorporated into any kind of lease agreement with a future tenant of the facility if approved. Condition four, the maximum number of um clients allowed to be served on site shall be limited to 134. This is a reduction from 149 previously. Um the applicant thinks that total buildout the number would be probably closer to 120, but they want to have a little um flexibility for client intake and um clients leaving the facility. So they have to have that 134 capacity. Condition 15. This is the um scaling plan. The selected operator shall submit a detailed operations plan that includes a startup plan establishing a clear scaling model for staffing levels and client capacity during the first year of operation. The operation plan shall be implemented as approved and will be subject to ongoing monitoring by city staff to asssure compliance with this condition. The applicant did provide a example of a scaling plan as part of their rin submitt within your packets. Um again once an operator is selected we will take a we want them to provide one not just the applicant or the applicant in front of us tonight. We want to see the actual operator provide a scaling plan so we can ensure that it meets the intent of what is in front of you tonight. Um one other item like that that was brought up a previous council meeting was about um loitering and people um maybe smoking on site. Um that is something we've had discussions with a lot with the applicant and so um as part of your packet there's been there's an area identified where a smoking area would be and some outdoor space that'll be improved as part of an application in the future. Um originally we didn't want to include that as a condition um as we knew that was something that we were cognizant of but is included in the letter where they propose to put that in the future. With that um there is two options action options for the council. Uh one is approve the application with the reviews um the revised conditions of approval as re recommended by city staff. Second is to table the application to a future meeting for the city attorney to prepare fines of fact for denial based on the fact that the use is inconsistent with the existing PUD. I guess there is a third option which is on the screen is to table it to add additional conditions or to have additional discussion at a future meeting. However, we only have one more meeting after this. Otherwise, the applicant won't have to voluntarily extend the application again. And with that, the applicant is present for any questions and myself. >> Okay. Council member Keely, >> that button is from you could that's that's from the previous. >> Oh, that was from the previous. >> Yeah. But I'll have some questions when the time comes. >> Well, thank you. And um that uh Mr. Morose to just stay there. And if uh Mrs. Rogers, welcome again. And thank you so much for all of your great work in addressing all of the concerns that were raised at the last meeting by members of the council and myself. and um and I read through your letter and all of the you've addressed all of the conditions and so and some new conditions with regard to um the scaling plan and the number of clients um and you reduced that from 149 to 134. I really appreciate it that you also addressed all of the issues uh that you all have talked about with regard to the operations in Eden Prairie, Weisetta, uh Bloomington, and uh I think the other one was uh Woodbury. No. >> Uh yes, correct. >> Yes. And so and they were all in your letter. So I thank you for all of that. So, and you have al also put in place and I know that this was something that council member um Schultz was interested in is the 12-mon scaling plan and you have that there. So, my question to you with all that you have addressed and to Mr. Mrosa. So will all of this be part of the condition? Will this be added to the conditions that we have now there? So that now it's going to be over 30 conditions that you will be uh held to. >> Madame Mayor, members of council, that is correct. Um these are these additional conditions we believe are reflective uh of uh the concerns that we heard at the prior council meeting. Um, and we hope that they address those concerns. Um, and again, our letter provides some supplemental data um to to further support why we believe these operational protocols are important for the site and to retain that best-in-class facility um and and that any uh tenant in the site would be required to follow. >> Yeah. Thank you. because even with the exterior outdoor space management, you also had uh a photograph of where that's going to be located and all of that. So, I I really appreciate that. So, my question is with all of these new conditions that was in your letter, will that be wrapped into the findings of fact as well, Mr. Marosa? >> Uh, yes. I'm going to actually defer to city attorney Jared Shepard on that one. He has some nice language drafted to address that >> because these are new finding a new conditions that when I went through the findings of fact were not included in the findings because they were >> uh the these are new. So >> yeah there there's a there's a few that are new and there's few that are just a little more granular than the ones drafted by staff. And so if we get to that point, I have some language which um would include the the the language that's to approve the PUD and CUP adopt the findings of fact and ordinance with the inclusion of all the more restrictive conditions listed in the October 16th letter of Lark and Hoffman >> because what I do appreciate is that it's in the conditions now with regard to um the um the land use and how that's going to that it's a chain of uh >> yes absolutely that that this will be recorded against the property that it will be required to be a part of any lease and that any property owner will have immediate immediate notice um of these requirements. Um what I would also suggest to the council uh madame mayor is that uh you know we conducted some outreach as well in terms of the surrounding medical community and impacts upon um their overall usage and and how our facility would fit in with their existing operations. Um and there are a list on on page three of that letter that suggests um some of the other operational protocols that are that um are already contemplated within our conversations with your staff. um but that we are very much uh we intend to to comply with and your staff would intend to extract from us uh in our permitting process. Um but that we absolutely would be uh open to rolling in a specific conditions of approval as well. >> Yeah. No, I really appreciate it because Mr. Morosa and uh Mrs. Rogers, you had everything that has to say that it before a permit was done, these things had to be um done within the condition. So, I I appreciate that I appreciate the fact that um the um condition that has to do with with the chain of title of the subject property. that also is um incorporated into the lease uh agreement that's going to be associated with an operator. So it's and I really appreciate that. That's that's important uh for the community. Okay, members of the council, thoughts, questions? Council member Keely, >> well to the applicant, um this is a been a long road. That's probably the longest list of conditions that I've witnessed on a particular application. And so whereas I I recognize there's significant give uh in this process. The capacity at um even reduced a little bit to 134 is still where I have a major problem. Um, and it's it's it's still going to be one of the largest in the state. And it um I have no problem with the use and the need. Um it's um it's truly just I don't know that we in Burnsville certainly from my perspective want to be saying that we have the largest if not one of the largest facilities in the state. I don't know that that's a burden that any second tier suburb has to bear. Um I get that it's a big building and it's already got the rooms and so there's capacity so why not utilize the best of that capacity? It's the most dollars and cents. Um good decision, but I don't think that's the right decision for our city. So um my question to you is um would you consider sub 100 in capacity? >> Uh so one of the the issues that we struggle with and and we ran some numbers um just in terms of the amount of staffing that we're proposing for this site. Um, and what I'll transparently share with you, and I think it's pretty clear from our overall scaling plans, is that in order to have the number of like licensed drug and alcohol counselors, medical treatment providers, and licensed nurses employed at this facility, um, to have that level of care, which is a higher level of care, um, and and a standard that we're coming up to in con in conjunction with those other conditions of approval, um, our numbers cannot really drop below 120. Um, and so, you know, we're suggesting that 134 so that there can be some flexibility. We don't ever want to run into a position where we're not in compliance with our conditional use permit. And as you know, um, as clients transition in and out of the facility, we could um 120 would be operationally the the three floors. Um and this would uh and that would allow um you know if we had some access capacity or we had someone moving in and moving out on the same day, we wouldn't run into to conflict. Um but but I'll transparently say that 120 is the number uh that we believe is able to fully staff this with those supplemental protocols um that are going to create some of the reductions that we've proposed in terms of uh medical usage on the site. That sounds like a no. >> So, uh I unfortunately think it sounds like a no, but I think it's a no for a good reason. Um and it's a no for a good reason because you have additional staffing um that that are trained staff. Um and I think that that has real value in terms of providing um excellence of care. Um in the presentations in the past there there was a citing that there's a lot of other treatment facilities like this particular business model but they are much smaller. There was a note that some of the smallest had been going out of business. >> Has the source of funding to support those uh clinics changed since they some had make the had to make the choice to go out of business. >> Yes, that's true. So the the source of funding um so the legislature in the last session um specifically provided supplemental funding for these two care models the 3.1 and the 3.5 levels. Um now uh it for smaller providers to be able to sort of weather the storm and and we have multiple level multiple mechanisms of payment at this site as well. We have private pay um as well as as public care and publicly funded pay. um those rates at the 3.1 and the 3.5 levels have been increased by the legislature really in response to the closure of those smaller facilities. Um and and the growing reality that um many uh local governments are uncomfortable um with uh smaller facilities that are located within residential neighborhoods. Um and so transitioning to a more institutional model that looks like this facility is something that has some policy support alongside financial support at the legislative level. >> So could the model survive at um 100 or 90 capacity? Let's say maybe a capacity of 100, but on rotation it ends up being about 90 >> with the new funding models. So with the new funding models again with our supplemental staffing um we're at 120 is the uh is the number that um remains you know functioning. Now certainly we can go back and do some additional research um and we could modify some of our staffing requirements uh to to take a look at that um and I'd be happy to bring that data back to you. Uh but at this but based upon the work that we did to reduce those levels, we did look at this um and again um do not want to lose that higher level of care. Um and that higher level of care is really funded um through capacity here. >> Okay. Thank you, >> Council Member Schultz. Uh I do appreciate all the work that you have done on this and um as my colleague notes we have never seen this many restrictions placed on an applicant. Um and you have worked very hard to meet um every one of our questions or challenges on on this plan. Um, this type of facility is needed and communities can keep saying not in my backyard or communities can say I value health care and addiction is a chronic health issue. This is not a moral failing. Uh that's that's really what we're looking at on this. And I do believe since we are already a regional medical area, uh this is just another thing that complements that regional medical area that we that we have. Um and this is just another type of treatment for a chronic health condition. And I don't believe we would be having this type or this lengthy of a discussion if it was something that was treating a chronic condition like diabetes or any any number of of issues that we could say just don't be fat and don't eat sugar and you won't have diabetes, right? We could say that. Um or we could realize it that it's a health issue and that it needs to be taken care of. I do appreciate the high level of staffing that you're doing. you're not looking at warehousing people. >> Um the reason why you're trying to balance the number of beds is because you're trying to give a level of care that is not seen in other facilities. And I've been looking at other facilities, especially the smaller ones, and that level of care is not there. So, you're not looking at warehousing. And I appreciate that. And I I greatly support that. And I would also like our residents to feel that they can enter treatment. They can detox somewhere else with the assurance of knowing that they can come back to Burnsville to complete this near their family, near their jobs, near their support systems. And this could help us to encourage more people to have their chronic health condition treated. So this is something I support and I really appreciate all the work that you have done on this. >> Okay, Council Member Workman. >> Thank you. Um and I appreciate Council Member Schultz's perspective on this. Um but I'm in agreement with Council Member Keley that this is inconsistent with the existing PUD. Um, this is a very intense use for this corner. Um, we're in the midst of trying to redevelop this corridor, um, with various different uses and our public safety is already stretched thin despite the massive hiring that we just got done doing. Um, so I I am not in favor of this application as it's written, even with the conditions. Um so I would be opting for option number two um this evening >> and option number two is kill it >> table the application to a future meeting for city attorney to prepare findings of fact for denial based on the fact that the use is inconsistent with the existing PUD. >> Okay. Council member Gustoson. I I too appreciate all the work you've done on this. There a lot of uh questions came up on having a treatment center there. It's something I believe we need. It's something the county definitely needs. We' be the first one in the county to be that way. It's uh I agree with council member Schultz in the sense this is a this is a disease and these are some people that are some of them are at the lowest point of their life and they need help and to be able to provide a place for that I think is very important for them to put their lives back together again for them to get their families back together again just to have a job again. Uh I think we could be very proud of having a good quality facility in this city and I also agree we are a medical center here in Burnsville. I mean, our campus is growing all the time. I'm not going to get into your business plan. If if it takes 120 or 134 to make it work, then that's what it takes to make it work. As a hotel of 79 rooms, if that thing's full, there's 148 people in there anyways. I mean, that's just the way that works. And those people are coming and going all the time. I know enough about treatment centers that people aren't just coming and going at will all the time in and out of there. So, I would be in support of this going forward, just so you know. >> Council member. >> Okay. I appreciate all the work that has been done and um we talk about mental health here in our community and in our city and we know what it is and what this is this facility will be doing is to help those folks with mental health issues. as uh council member Schultz uh spoke to is that there is a need because if this was about heart cancer or diabetes, we wouldn't be doing this. But it's about people who are looking for treatment so that they can recover and become healthy again. and to be engaged members of society and to give back. I have seen people who are now sober 20 years simply because there was a facility that they could go to and are now people who give so much to the community and are great human beings and so I'm in support you have brought to the able conditions that you have put on yourselves uh to make sure that you met the needs of our fire and you met the needs of our police. And also in your staffing plan, you have put in place um the ability that they needed to have connections with the medical community here in Burnsville. So, I appreciate that. And the nice thing about all of this is that there will be reports to our staff on what's going on. So in reading all of that, you have gone far and beyond to make sure that the community is safe and the community's concerns and our concerns are addressed. You've addressed the public safety service aspects of all of this. And so from my perspective, if we truly say that we care about the mental health of our community and the people here, then this is a facility that's going to help restore people to good mental health and that to restore them to being people who will be um healthy and good citizens to the community. So, I'm in support. You have done a lot of work. Uh, the only thing that I would uh like to see is that how that I'll leave it to our attorney and to you and our staff how that'll be rolled into a um into the findings of fact and anything else that needs to be done. Do you have some words that uh you would want um for the motion to be? >> Yes. Yes, Mayor. Um ready you ready for that now? >> Um well I can uh you need to do that so that I can take a vote. >> All right. >> Right. >> Yep. >> Um >> so if we had a motion to approve the PUD and CUP and adopt the findings of fact and ordinance with inclusion of all the more restrictive conditions from the October 16th, 2025 letter from Larkin Hoffman. That'll get it done. I motion what our city attorney just said in exactly that language. >> Okay. >> And I will second that. >> There's a motion and a second. >> Going to repeat that. >> Is there further discussion? And I think for this one I will ask for a roll call. So, uh, city clerk Collins. >> Council member Keely, >> no. >> Council member Gustoson. >> Hi. >> Council member Schultz. >> Yes. Council member Workman. >> No. Coun. >> Mayor Coutz. >> Yes. >> Thank you, Madame Mayor, members of council. We very much appreciate your time and look forward to bringing a first-in-class facility to the city. Thank you. Thank you. >> Thank you. And um I'm I'm assured with everything that's going on and how you have worked with our staff that this is going to move forward and uh we will have a good outcome. >> Absolutely. Otherwise, your city attorney will just revoke the CUP. >> Thank you very much. >> Thank you. >> And now I will recess the Burnsville City Council meeting so the economic development authority meeting can convene. President Gustoson. >> Thank you, Madam Mayor. Good evening. I call the economic development authority meeting to order. The clerk will note that all commissioners are present. Move on to item one. Are there any additions to the final agenda? Seeing none, I will move on. Item number two is the consent agenda, which is approval of the minutes and approve a corrective quick claim deed for 3150 West Park Drive. Is there anyone who wishes an item to be removed from the consent agenda for a separate discussion and vote? Seeing none, may I have a motion to adopt the consent agenda? >> So moved. Motion by Commissioner K. Second. Second. Go. Second by Commissioner Keley. You got ahead of her. >> All those in favor, please say I. I. I. Opposed. >> Say nay. >> The motion carries. Item number three is the regular agenda. There are no items. There is no other business. May I have a motion to adjurnn. So motion by Commissioner Keely, >> second. >> Second by Commissioner Schultz. All those in favor, please say I. I. Opposed, say nay. We are journed. Back to you, Madame Mayor. >> Thank you. And I now reconvene the Burnsville City Council meeting. And members of the council, there are no other items to come before us this evening. And a motion to adjourn is in order. >> So moved. >> Second. >> There's a motion and a second. All in favor, please say I. I. I. Oppose say nay. And the motion carries. Good night and thank you for being with us.