[1:09] to that. [1:13] >> Good evening, ladies and gentlemen. It [1:14] is now 5:30 and I will call this regular [1:17] meeting of the Burnsville City Council [1:19] to order. It is our tradition to stand [1:21] for a moment of silence followed by the [1:23] pledge of allegiance and we invite you [1:25] to join us. [1:55] I pledge algiance to the flag of the [1:58] United States of America and to the [2:01] republic for which it stands, one nation [2:04] under God, indivisible, with liberty and [2:07] justice for all. [2:15] >> Welcome everyone. And it's good to see [2:17] uh all of you here in the chambers this [2:20] evening. Uh members of the public are [2:22] always welcome to attend in person. And [2:26] members of our public can also choose to [2:28] watch the meeting at Burnsville [2:31] mn.gov/meings [2:33] or on channel 16 or 859. The public can [2:37] also participate through Zoom by joining [2:40] us at zoom. us/join. [2:44] More information is available on our [2:47] meetings web page and in the council [2:50] agenda packet. [2:53] We have announcements this evening and [2:55] our announcements have to do with all of [2:57] our upcoming meetings. [3:00] Regular meetings are scheduled for [3:02] Tuesday, January 20th at 5:30 p.m. [3:06] [snorts] and Monday, February 2nd at [3:09] 5:30 p.m. is moved due to the caucus. So [3:19] the Monday, February 2nd meeting is now [3:23] moved to Tuesday. [3:25] >> It's moved to Monday because the caucus [3:27] is on Tuesday the 3. Okay. So, that's [3:31] why uh February 2nd is a Monday and we [3:34] usually have meetings on Tuesday, but [3:36] because of the caucus, it's moved to [3:38] Monday. [snorts] Okay. And the work [3:40] session uh is scheduled for Tuesday, [3:43] January 13th at 5:30 p.m. All meetings [3:46] at the council are held here in the [3:48] council chambers unless I announce a [3:51] different location. Also want to let [3:55] everyone know that tonight uh after [3:58] tonight's meeting, the city council will [4:01] attend a holiday gathering uh at Clive's [4:04] Roadhouse on Aldridge Avenue. [4:08] Um and no official business will be [4:10] conducted. [4:13] So we will move on and the next item is [4:16] citizens comments and this is the [4:19] opportunity for anyone in the audience [4:21] to address the council on an item that [4:23] is not on the printed agenda and not an [4:25] application form that will be coming [4:27] before us at a future date. And we have [4:30] two residents who uh have signed up to [4:32] speak. And uh our first um speaker is [4:36] going to be Kat uh Kati uh Gomez. and [4:41] Kati, welcome. And um [4:45] name and address for the record. [4:47] >> Yes. Can you hear me from this angle or [4:49] should I be in closer? [4:50] >> Yeah. Yeah. Just pull up the mic so that [4:53] because you're [4:53] >> perfect. Yeah. [4:54] >> I won't hunch over. Uh my name is [4:56] Katarina Gomez. I go by Katy Gomez and [4:59] my address is 11,000 London Drive in [5:02] Burnsville. [5:04] Uh hello Madame Mayor and city council [5:07] members. Uh, I take great pride in being [5:09] the second generation in my family to be [5:12] born and raised here in Burnsville, [5:13] Minnesota. My mother's father was an [5:16] original settler of this land, and like [5:18] many others in this room, he watched our [5:21] community grow and remained committed to [5:23] making this city a safer, more [5:26] respectful place to live. [5:29] Early on in my life, this Norwegian [5:31] grandfather father of mine sparked my [5:33] passion for civic engagement when he [5:35] gifted me a copy of the Constitution and [5:38] a set of Bill O'Reilly books. [5:41] Please also hear me when I say that I am [5:43] also the first generation American. I'm [5:46] the child of an immigrant from Honduras. [5:48] And I remember when my sisters and I [5:50] would help my my father study for his [5:53] citizenship exam when I was in the [5:55] second and the third grade. He'd play a [5:57] CD of American trivia while we drove [5:59] around Burnsville to and from school, [6:02] church, soccer practice, the grocery [6:04] store, swimming lessons. [6:07] And it's safe to say that between my [6:09] grandfather and my father, I learned [6:11] about my right to due process under the [6:14] law, my right to worship, to live with [6:16] dignity. I learned that these aren't [6:19] just values that we strive for. These [6:21] are innate freedoms spelled out in the [6:23] constitution and instilled in us by the [6:26] creator. [6:28] And [6:30] I have been increasingly alarmed um by [6:33] the recent immigration enforcement [6:36] activity in my neighborhood and the [6:38] apathy of my neighbors. And I'm now [6:40] calling on this body to defend these [6:42] unalienable rights uh and liberties for [6:46] all residents here in Burnsville, [6:47] regardless of their nation of origin. [6:51] There are three things I'd like you all [6:53] to consider and strongly urge this body [6:55] to clarify that federal immigration [6:58] agents may not use city-owned parking [7:00] lots, ramps, vacant properties, or [7:02] parks, or those owned and operated by [7:05] Burnsville Parks and Recreation as [7:07] [snorts] part of their staging and [7:09] processing operations. [7:12] It's integral that we maintain safe [7:14] access for families to use public [7:16] facilities to support their health, [7:18] their child's healthy growth and [7:19] development. [7:21] Second, I urge this body to join other [7:23] cities and pass an ordinance to require [7:26] all officers um to require all officers [7:30] to to display visible emblems or badges [7:33] identifying their agencies while they [7:35] are performing their enforcement duties. [7:38] only [7:39] the use of masks and the impersonation [7:41] of law enforcement is a real threat to [7:43] public safety and it is something I am [7:45] particularly worried about for my local [7:47] leaders. [7:49] And finally, I urge this city uh and the [7:52] Burnsville Police Department to clarify [7:54] and clearly communicate the role that [7:57] Burnsville Police Department has played [7:59] in all immigration efforts in this city. [8:02] At the very least, please track how much [8:04] you are spending on traffic control and [8:06] crowd control and share those reports in [8:08] the warrants of those instances when the [8:10] Burnsville Police Department is called [8:12] to respond to an instance regarding ICE [8:15] or Homeland Security investigations. [8:18] Thank you for your time. And the last [8:19] thing I will say is that even though my [8:21] father received a perfect score on his [8:24] citizens chip exam and was naturalized [8:27] in 2008, my family to this day continues [8:30] to be questioned about our residency [8:32] status here in Burnsville. Thank you. [8:35] >> Thank you, Miss Gomez. And uh thank you [8:37] for coming and talking to us this [8:40] evening. And uh know that uh we hear you [8:44] and uh and we're taking your concerns [8:46] into consideration. [8:48] Uh the next speaker is uh Miss Andrea [8:51] Grazini. [9:00] >> Hi all. Thank Can you hear me? [9:02] >> Uh yeah, but I think you can take Yeah, [9:04] that'll be good. I know that you're [9:07] you're dealing with some [9:09] >> Yeah. Anyway, [9:10] >> medical issues, but I think to speak so [9:12] people can hear you [9:13] >> and nobody's around you too. [9:16] >> For sure. little for sure. Thanks for [9:18] letting me speak and thanks for uh it's [9:21] a little hard to go after Kati because [9:23] she knows our community and particularly [9:25] our immigrant community much better than [9:27] I do. Of course. [9:28] >> Yeah. Move the move the uh mic towards [9:30] you so people at home can also hear you. [9:33] >> That said, I have many friends in our [9:36] community that are immigrants. When my [9:37] children were young, I spent a great [9:39] deal of time at the YMCA, of course. And [9:41] there I met many now friends mostly of [9:45] of Somali or SP or Latino heritage. And [9:48] I we got to know each other in very [9:50] intimate and very neighborly ways. And [9:52] these are good people. Many many good [9:55] immigrant neighbors that we have out [9:57] here. [9:58] They're they're terrorizing. We're being [10:00] terrorized. Not only the immigrant [10:02] community, but the rest of our citizens [10:04] as well. To be quite frank. Obviously, [10:06] we're much more concerned about our [10:08] neighbors at risk and who are being [10:09] targeted, whether or not they have [10:11] criminal records or whether or not they [10:14] are quote unquote legal or not. ICE is [10:17] shutting down our community. If you [10:18] don't care about the people in our [10:20] community, you might care about the [10:21] businesses in our community. I hope that [10:23] you realize and maybe you already do uh [10:26] that they are our immigrant neighbors [10:29] are so afraid to intimidated by ICE and [10:33] so afraid to move out even move from [10:35] their homes they didn't go Christmas [10:37] shopping if they were Latinos who love [10:39] to celebrate who many of whom are [10:41] Catholic and want to celebrate to [10:42] Christian holiday they didn't go out to [10:45] buy Christmas dinner they didn't dare [10:48] again these aren't criminals [10:51] they are afraid to go to work. If they [10:53] go to work, they're afraid they they [10:56] leave halfway through the day for fear [10:58] that, you know, if they see trucks that [11:00] look like there might be ice. Tremendous [11:02] fears around that. We have neighbors, [11:04] many, many businesses in our community [11:06] that are run by immigrants, as you all [11:08] know. They are also having to totally [11:12] change their businesses. Uh, one [11:14] business, um, I'm not sure if I'll name [11:16] that, but if any of you wants to know [11:18] the name, I'm happy to provide it [11:19] privately. I just don't want to um put [11:22] them at further risk. Uh one of our [11:24] businesses here, popular business, an [11:26] immigrant business that with food we all [11:29] love, um is now locking their doors all [11:32] day long because they're afraid to be [11:34] raided by ICE. And they have been [11:36] threatened by ICE. Another one of our [11:38] neighbors uh also shut down their [11:40] business after a raid was done. Turns [11:43] out that the raid recovered or detained [11:46] a uh target that was not illegal [11:49] whatsoever. [11:51] Another business um I understand I this [11:55] is hearsay but I do understand as of [11:57] this afternoon that they a very popular [12:00] very large immigrant business has been [12:02] closed for 3 days because all because of [12:05] ICE. [sighs and panting] [12:08] It's not only our immigrant neighbors. [12:10] It's also people like me who want to [12:12] observe and document what's going on. [12:13] We're not interested in protesting. [12:15] We're not interested in in making things [12:17] difficult for law enforcement. We're [12:19] interested in seeing what's going on and [12:21] making sure that we've got documentation [12:23] in case there's anything wrong uh or or [12:26] illegal for that matter going on. Um we [12:29] don't approach law enforcement and we [12:32] don't approach uh our neighbors unless [12:35] they ask us to. Of course, law [12:36] enforcement doesn't ask us to, but some [12:38] of our neighbors do. Um, for and law uh [12:43] ICE rather is intimidating groups like [12:46] ours as well. Uh, at Vista View, there [12:49] was a warrant for arrest, perfectly [12:52] legal warrant for arrest in that [12:54] neighborhood on December 10th. The [12:56] arrest, there was an arrest made. [12:58] However, it wasn't for the person they [13:00] had a warrant for. They were [13:01] opportunistic and found somebody else to [13:03] arrest that. they did not arrest the [13:05] person with the warrant. At that place, [13:07] we had probably 10 to 15 observers [13:09] trying to keep track of, you know, [13:11] keeping track of what we're now learning [13:13] is becoming a norm in our community. Um, [13:16] and after ICE left, there was there was [13:19] 30 to 40 ICE people, ICE agents for a [13:24] warrant for one arrest that was not [13:26] made. That's kind of on the aside. And [13:30] yet after they all left, a few of us [13:33] were standing around at the very side of [13:35] the road, not in anybody's yard and [13:36] certainly [snorts] not in the middle of [13:37] the road, but just, you know, kind of [13:39] debriefing on something we've never [13:41] known in Burnsville. Many of us longtime [13:43] citizens, this is not what we have seen [13:46] in our community ever. As we were having [13:48] that discussion, five to six ICE [13:51] vehicles, which we have on videotape, [13:53] came roaring through the neighborhood. [13:54] This was at bus stop let let off time [13:58] roaring through close semi close to us [14:02] and then just drove out of the [14:04] neighborhood back on to Burnsville [14:05] Parkway. So it seemed to us that that [14:07] was an intimidation tactic on Connelly [14:10] on 11. I'm sure you all have heard what [14:11] happened there the other day. Uh in that [14:15] case, ice was point we had about less [14:18] than 15 12 to 15 people there observing. [14:21] The Burnsville police were building a [14:23] perimeter around ice that was about 50 [14:25] yards from ice. Our people were about [14:28] another 50, so about 100 yards from ice. [14:30] They were not at all threatening or at [14:32] all getting in the way. And they were [14:34] very spread out. They weren't clumped [14:35] together or anything like that. [14:38] Ice came towards them when they were [14:40] done with their business there. [14:44] came towards our observers pointing [14:46] pepper spray at them. Although we had [14:48] been peaceful throughout with the [14:50] exception of some folks do blow whistles [14:52] to warn our neighbors who might be [14:53] fearful and want to know if there's ice [14:56] in their neighborhood. About half people [14:58] were blowing whistles, but that's not a [15:01] big deal. And the rest of the people [15:03] were simply spread out and ice pointed [15:06] pepper sprayed them. They then tried to [15:09] corral some of them into what is known [15:10] as a kettle to kind of block them in. [15:14] And during that time, a number of ICE [15:17] officers were playing with their belts [15:18] and pretending like they were grabbing [15:20] for their guns. Now, both of those could [15:22] be construed as uh unwarranted [15:25] uh uh uh it's not use of force. Could [15:30] possibly even be construed as [15:32] brandishing. That's intimidation tactics [15:35] that are absolutely unnecessary. [15:37] This is hurting our community in [15:39] emotional and civic ways and our civic [15:41] vitality. I understand, correct me if [15:44] I'm wrong, 40% of our community is [15:46] immigrant commu people. If that's the [15:48] case, it's hurting us bad. I'm asking [15:51] you exactly what Kati asked you. We have [15:54] noticed a number of times that ICE is [15:57] staging on Burnsville property in the [15:59] parks and uh we we don't know if they [16:02] might want to go after uh Burnsville [16:05] properties that are for example empty [16:06] lots and so on. Um but they stand there. [16:09] They stay there until they're ready to [16:10] go out usually until they see us, you [16:12] know, casually drive by. Uh again, we [16:15] don't approach them. We don't follow [16:16] them. We don't do anything other than [16:19] observe. [16:20] Uh so I'm asking that that happen. [16:22] That's not hard to do, guys. I'm also [16:25] asking that our law enforcement and our [16:28] city staff treat our immigrants with [16:30] extra extra earnest care at this time. [16:34] [snorts] [16:35] I understand that you all have jobs and [16:37] that you serve different constituents [16:39] that may not agree with what I think. [16:42] Nonetheless, these are people. If we're [16:44] humans and we care about humans, we need [16:46] to give them extra care right now cuz [16:48] they are flipping terrorized. [16:51] and patience. [16:54] Finally, this may be a stretch, but I'd [16:56] like to see our our city be more bold in [16:58] how we speak out and support our [17:00] immigrant neighbors. One way you can do [17:02] that is you can do a lot. You can [17:04] develop signage for apartment buildings [17:07] and businesses. That helps uh defay some [17:10] of the cost of warning people that of [17:12] their rights or letting them know rather [17:14] of their rights. Those can be posted on [17:16] behalf of our city showing how we care [17:18] about all of our neighbors. Obviously [17:21] just the legal things that people should [17:22] be aware of something like that um could [17:25] be done and needs to be done in multiple [17:27] languages Spanish, Somali, Arabic and [17:30] others of targeted uh communities in our [17:33] neighborhoods. [17:35] And I'd also um would be nice if we [17:38] further provided that kind of [17:41] information for our citizens on your [17:43] website, in your parks, wherever that's [17:46] we can provide those. [17:49] Thank you. Thank you, Miss Gusini. And [17:52] uh [17:53] we hear you and um I I am seeing our [17:58] city manager taking lots of notes right [18:01] now. And so he's so we have all of the [18:05] information and we also have it on tape. [18:07] So thank you so much for coming in this [18:10] evening. Um please uh I don't have you [18:13] on signed in but uh absolutely you have [18:18] >> you have the floor and give us your name [18:21] and address for the record. [18:23] >> Uh can you hear me? Okay. [18:24] >> Yes. [18:25] >> Had to take my hearing aids out. [18:27] >> Uh David Young 1401 your lane here in [18:30] Burnsville. Uh I certainly second what [18:33] Miss Cassini and Kati had to say. Uh [18:36] those are part of my requests and uh I [18:39] apologize I got here late because I've [18:41] been out on the streets uh comforting [18:45] and trying to help the people that uh [18:48] are being terrorized. They're very [18:51] frightened. Um [18:54] so not having a prepared talk [18:59] and agreeing with what has been said uh [19:02] I am going to say that I would like to [19:05] see you our elected leadership in this [19:08] city out in the streets helping these [19:11] people. There's many things that you [19:13] could do that are certainly [19:16] non-political. One of them being we have [19:17] Lvina uh distributing food to people [19:20] because they're afraid to come out of [19:22] their homes [19:24] and possibly finding something uh some [19:27] way to get our children to school [19:29] because many of our migrant or our [19:32] minority population are afraid to send [19:35] their children to school. So um I hope [19:39] to see you on the streets. Thank you for [19:41] coming in and uh I can tell you that uh [19:44] I am doing my [19:47] my job and uh and also interacting with [19:52] our faith community [19:54] and others. So being there to console. [19:58] >> Thank you. Thank you, mayor. And uh I [20:01] didn't mean to be impertinent because I [20:03] don't know how you lead your lives, [20:05] >> but uh I've been very busy, [20:07] >> so I'm sure you are, too. Well, thank [20:09] you for the work that all of you are [20:11] doing to help keep our community safe [20:13] and to show compassion and mercy. [20:16] >> Thank you. [20:21] >> Okay, [20:23] >> Madame Mayor question. [20:25] >> Yes, please. Um, Council Member Schultz. [20:28] >> Uh, so for clarity, and there's one [20:31] question that I think could be cleared [20:32] up, actually two. Um, I know that [20:37] Burnsville has already put out a policy [20:40] um on [20:41] >> Yep. on what our police are able to do [20:45] and not able to do regarding immigration [20:48] enforcement. [20:49] Um, so I'll give you a few minutes [20:52] because I'm going to ask if we can have [20:54] that up. So Jared, hop on it. Um the [20:58] second thing that we can clear up is uh [21:01] whether we have a policy in place or not [21:05] on if uh immigration enforcement is able [21:09] to stage on city property. [21:13] >> Okay. [21:13] >> So that is my question. [21:15] >> Um city manager Lindberg [21:18] >> I don't have the ability currently to [21:20] pull that up at least directly for folks [21:23] at home. Uh so I apologize for that. But [21:25] yes, the city uh did in December uh make [21:30] a a public statement about our role and [21:33] responsibility when it comes to uh [21:35] federal immigration enforcement action. [21:37] We do also have a landing page uh for [21:40] the community with some frequently asked [21:43] questions and uh links to the city [21:46] statement. Um if you if you go to our [21:49] website, you can just search immigration [21:50] resources. There's a link on the on the [21:52] main page of the website as well. Um so [21:55] those those statements and that [21:57] information is there. Generally speaking [21:59] uh what uh what the city has said to [22:02] this point in time is that uh our local [22:05] police department do not enforce federal [22:07] immigration uh law or participate in [22:09] federal immigration enforcement [22:11] activity. Um the city's typically not [22:14] notified by federal agencies of their [22:17] actions or activity in the community and [22:20] that's uh remained true through today. [22:23] Um our our police officers do enforce [22:26] state and and local laws. Um uh our our [22:30] officers do not by way of department [22:32] policy or city policy uh check someone's [22:35] immigration status ever in our in our [22:38] operations. It's just not part of of [22:40] what we do. Um our our role is to keep [22:44] everyone safe. Uh and public safety and [22:46] and local public safety will always be [22:50] uh will always be our focus. Um, again, [22:53] we'll we'll make sure that those links [22:55] to the the statement in the city uh the [22:58] city landing page on immigration [22:59] resources are repeated and available for [23:02] for people. Council member Schultz, to [23:04] your second question, uh the city does [23:07] not currently have the council does not [23:09] currently have the city does not [23:10] currently have a policy related to the [23:13] use of city-owned properties for the [23:17] purposes of other law enforcement [23:19] agencies, staging or or those types of [23:23] activities. Um I'm not aware that we we [23:26] have or that we've been requested. I [23:28] would be surprised if we were ever [23:29] requested for that type of of action, [23:31] but there's no related policy today. [23:34] >> Um, Council Member Schultz, you can [23:36] request to put that on round table for [23:38] next week. [23:40] >> Uh, I could or I could make a motion [23:42] tonight. [23:46] So, I would like to make a motion [23:47] tonight that the that council directs [23:52] city staff to draft a policy [23:57] regarding ICE or DHS or associated [24:01] agencies being able to stage on [24:04] cityowned property. That that then be [24:07] brought back to council for an adoption [24:10] and a vote. Do I have a second on this [24:13] motion? [24:14] >> I'll second that. [24:15] >> There's a motion in a second. Uh, any [24:19] discussion? [24:20] All in favor, please say I. [24:22] >> I. [24:23] >> I. [clears throat] [24:25] >> And, uh, nay. [24:27] You have the vote. So, we have that done [24:30] for tonight. And then we will, um, my [24:33] staff will bring back a policy for our [24:36] review. And then uh we will have it [24:39] probably on the 20th [24:42] >> for adoption. Okay. [24:45] So [24:47] yeah, [24:49] so we will do that and we will continue [24:52] to work with you. And I can tell you [24:55] this, if you have any questions or any [24:59] concerns, please contact our city [25:03] manager and he's willing and he and I [25:07] have had this discussion. Contact us. [25:11] But I if you want um to know what our [25:15] police officers are going to do, our [25:17] city manager and police chief are happy [25:19] to to to talk and to help our residents [25:24] understand [25:26] what we can and cannot do. And I can [25:29] tell you that I um am reaching out to [25:33] Congresswoman [25:35] uh Angie Craig because a lot of this has [25:37] to do with the federal government. And [25:40] so I will be meeting with her on this [25:42] particular issue as well. So [25:47] we'll continue to work together um on [25:50] all of this and um together [25:56] we'll be okay. It's going to be it's [25:58] rough right now [26:01] for all of us. It's rough. It's not only [26:05] for each and every one of us, but also [26:08] for our staff. They're caught between a [26:11] rock and a hard place. [26:13] Uh so let's all make sure that we have [26:17] some compassion and mercy [26:20] and kindness for one another as we do [26:22] our work together. Thank you. [26:27] Okay, with that uh we will move on. The [26:31] next is additions to the final agenda [26:33] and this is for emergency items only. [26:36] City manager Lindberg, are there any [26:39] emergency items to come before the [26:42] >> Nothing from staff may [26:43] >> members of the council? [26:46] >> No. [26:47] >> Thank you. [26:47] >> Anymore? [26:49] >> Um the next is the consent agenda. [26:54] Consent agenda is a group of items [26:56] that's considered to be routine [26:59] and will be enacted by one motion. [27:01] However, an item on the consent agenda [27:04] can be removed for a separate discussion [27:06] and vote. Is there anyone in the [27:08] audience who wishes an item on a consent [27:10] agenda to be pulled for a separate [27:13] discussion and vote? [27:17] Mrs. Collins, anyone online? [27:19] >> No one online. [27:21] [snorts] [27:22] >> Mr. Lindberg. [27:23] >> Nothing from staff member. [27:24] >> Members of the council. [27:26] >> No. [27:26] >> May I have a motion to adopt the consent [27:29] agenda? [27:30] >> So moved. [27:31] >> Second. [27:31] >> There's a motion and a second. All in [27:33] favor, please say I. I. [27:34] >> Oppose say nay. And a motion carries. [27:38] >> Members of the council and the [27:40] community. We have no other items to [27:42] come before us this evening. And a [27:44] motion to adjourn is in order. [27:46] >> Moved. [27:46] >> Second. [27:47] >> There's a motion and a second. All in [27:48] favor, please say I. I. I oppose saying [27:51] nay and a motion carries. Happy new year [27:54] and thank you for being with us this [27:56] evening.