[0:00] New York. >> Good evening, ladies and gentlemen. It

[0:05] is now 5:30 and I will call this regular meeting of the Burnsville City Council

[0:10] to order. It is our tradition to stand for a moment of silence followed by the

[0:14] pledge of allegiance and we invite you to join us.

[0:44] I pledge allegiance [clears throat] to the flag of the United States of

[0:47] America and to the republic for which it stands, one nation under God,

[0:53] indivisible, with liberty and justice for all. [clears throat]

[1:00] and welcome to the members of the public who are joining us in person this

[1:04] evening. Thank you so much for being present. Members of the public can also

[1:09] uh watch us on burnsvillemn.gov/meings

[1:14] or comcast channel 16 or 859. The public can also participate through Zoom by

[1:20] joining us at zoom. usjoin. More information is available on our

[1:27] meetings web page and in the council agenda packet.

[1:32] Uh the first item on the agenda is our announcements.

[1:37] Our announcements have to do with all of our upcoming meetings. Our regular

[1:42] council meetings are scheduled for Tuesday, July 21st at 5:30 p.m. and on

[1:48] Monday, August 3rd at 5:30 p.m. Now, it's moved to Monday because Tuesday,

[1:55] August 4th, is our night to unite event throughout the whole city. So, we're

[2:00] going to be meeting on Monday rather than Tuesday.

[2:04] And our work session is scheduled for Tuesday, July 14th at 5:30. And we have

[2:10] a special work session which is our quarterly roundtable scheduled for

[2:15] Tuesday, July 21st at 6:00 p. p.m. All meetings of the city council are in the

[2:21] council chambers. Our roundt um

[2:27] special work session. I think we haven't scheduled the location for that just yet

[2:32] » because of all of the um changes going on with uh with all of the meeting

[2:38] rooms, but it's going to be in one of the meeting rooms.

[2:43] Okay. And then the next item on the agenda is

[2:48] citizens comments. And this is the opportunity for anyone in the audience

[2:53] to um address the council on an item that is not on a printed agenda and not

[2:58] an application form that will be coming before us at a future date. Um

[3:05] and I see that um Mr. John, you are going to be speaking

[3:12] at citizens comments. You have the floor.

[3:16] » Thank you. >> Good evening.

[3:17] » Good evening. Thank you, Madam Mayor and city council members.

[3:23] » Oh, sure. [clears throat]

[3:26] My name is Chris John. I live here in Burnsville. I'm also a challenger in in

[3:30] the current city council race. And I want to make clear that this is not an

[3:34] attempt to campaign during the council meeting, but rather a plea to

[3:40] current council members for a completely fair and free election and to discuss

[3:45] possible illegal campaign practices of incumbent challengers in the upcoming

[3:50] election. Specifically, I and others are

[3:54] witnessing the same troubling practices of council work council member workmen

[3:58] in this election cycle we have seen in past elections.

[4:02] These have to do with him as a sitting council member exerting election related

[4:07] pressure on Birdsville businesses of whom he as you all have regulatory power

[4:12] over local licensing zoning and code enforcement and the like.

[4:19] This not only puts him at an unfair advantage over competitors like myself,

[4:22] Mr. Benson or Miss Gomez. It amounts to implied authority over

[4:27] businesses and spoken or not coercion of the business person. In other words,

[4:32] it's an abuse of powers that can lead to things like quid proquo.

[4:37] The latest resulted in removal of a camp a promised campaign sign location at Red

[4:42] Lion Liquors down by the performing arts center. This is after I met with owner

[4:47] Harpo last week at which time he told me he'd put my sign up. Fast forward to

[4:52] this morning when I heard from a mutual friend of council member Workman and

[4:56] myself asking if it was okay to share my phone number with council member

[5:00] Workman. To which I replied, "Yes, of course." After I did, the friend

[5:04] forwarded snippets of council member Workman's request, which read, and I

[5:08] quote, "Could you do me a favor and send me Chris John's phone number?" Harpo at

[5:12] Redline Liquor asked me for it, and I said, "I would ask you." Here's the

[5:16] problem. Not 10 minutes later, I received a phone call from Harpo at Red

[5:21] Line Liquor telling me that he's changed his mind. He doesn't want my yard sign

[5:24] on his property. He's just going to put the incumbents Keely and Workman up this

[5:28] year. Nothing personal alone. This incident would be a red

[5:34] would be a red flag, but nothing something that I would address the

[5:37] council with. As Harpull, like any property owner, has every right to

[5:41] support whomever he likes. It's the fact that two years ago I was made aware that

[5:47] Miss Council member Workman made the exact same request and that he told

[5:52] Harpo, "We don't like this Chris John all that much and asked Harpo not to

[5:56] host my sign." I'm not sure who we were in that

[6:00] scenario, but I was the only non-incumbent in that race and council

[6:04] member Workman was not up for reelection.

[6:07] The good news is that Harpo arranged to meet with me and ultimately decide to

[6:10] allow me to put the sign up at that time. But now with council member

[6:14] Workman's exerting pressure, he's reversing his position. And he's not the

[6:19] only one. There have been similar incidences with other businesses.

[6:24] Besides being a problem given council members workman's legal requirement not

[6:29] to misuse his public position or accepting pre special privileges, it

[6:34] puts myself again and this election's other non-incumbent candidates at a very

[6:40] unfair advantage. City council races do not get a lot of attention. It's very

[6:45] hard for a non-incumbent to win against an incumbent. Name recognition is

[6:49] incredibly important, which means a lot of door knocking and a lot of yard signs

[6:54] visible, especially at high travel areas such as the heart of the city where line

[6:59] red line liquor is located. It may help explain municipal incumbents being

[7:04] elected 10 to 20 plus years. Regardless, when a recognized incumbent

[7:11] like Council Member Workman goes to a business and tells them that they

[7:14] shouldn't put up somebody's sign that carries the implied weight of

[7:17] consequences on businesses if they do put up that sign. Since it happened more

[7:22] than once, I want to bring it up because I think it needs to stop and it needs to

[7:26] stop now. If you can't win an election on your values without cheating, then

[7:32] you do not deserve the seat on the council.

[7:36] As for other times that has happened, two years ago, Ysef was running

[7:39] against council member Workman's mother, Liz Workman for county commissioner. A

[7:44] local business owner was recorded by Ysef saying that he can't put you sign

[7:51] up because Vince Workman told him not to.

[7:55] Four years ago, when I was running along council with Crystal Fett, we lost

[8:00] several signs throughout the campaign, which harmed our campaign and cost

[8:04] money. A mitzvah, who was a black woman, had

[8:08] racist slurred written on one of them. I'm not saying council member Workman

[8:12] did that, but that was the case. We have photographs of one of his campaign team

[8:18] taking down these signs. We all deserve a fair election, and I don't only mean

[8:23] for myself and the other non-incumbents. More importantly, our businesses and

[8:27] residents deserve leaders, election year or not, who play by the

[8:31] rules, in particular, don't abuse their power. I plan to continue running a fair

[8:37] campaign that demonstrates that kind of fair leadership and legal practices that

[8:41] always gives voters in our community the power they are they deserve.

[8:48] Thank you for your attention and time. >> Thank you.

[8:53] Okay, mayor. Yes, Council Member Schultz.

[8:59] » Uh, so I would like to give uh residents an idea of the sign wars that happen.

[9:07] Um, it is regular that we all lose signs. Um, it's regular that people run

[9:15] them over, they steal them, they rip them up, the wind blows them. Um,

[9:19] there's all kinds of things and shenanigans that happen with science.

[9:24] That's normal and we all pull our big boy

[9:28] panties on and move on. Now, I will tell you, Chris John, that last election when

[9:36] you were running, I was door-knocking at a house and they had one of your signs

[9:41] and I door knocked and they said why they supported you, which is perfectly

[9:48] fine. um but it was actually a 180 of how you actually um spoke on a

[9:56] particular issue. And so I said, "Well, you can check that out because we all

[10:05] were in uh a chamber forum and there is a recording of that. So you can see what

[10:11] that says." Now, I was contacted by that resident later because he picked your

[10:17] yard sign up and threw it in the garbage and then he asked me for one of mine.

[10:22] So, it does not mean that someone used their pressure

[10:28] for why someone may do a sign or not do a sign. It can be that they decide they

[10:36] don't like your policies or they don't like what they've heard about you. or it

[10:41] could just be whatever. Sometimes they decide we're only going to do two signs,

[10:46] we're going to do five signs. There's all kinds of things. We all need to be

[10:50] respectful of what property owners decide.

[10:54] And we also need to understand that just because you don't get a sign at a place,

[11:02] that's not the end of the world. Knock your doors and move on.

[11:10] If I may, Mayor. >> Yes, Mr. John.

[11:14] » It's not the fact that I did not get the sign it. Like I said, this it's his

[11:20] decision. It's his decision. >> So, one of the things we're not going to

[11:23] be debating any of this. We understand. And you want to

[11:28] » I just want to say then and then we're going to move on.

[11:31] » It's the implied power of a sitting council member sitting standing in front

[11:38] of a person. go for 10 years. >> Tell them not to put up a sign.

[11:41] » To stand there and call me a cheater in a public forum is the bigger problem.

[11:46] » I I can tell you that there's people I will tell

[11:49] » members of the council sign for your comments. I really appreciate

[11:54] that. Members of the council, >> uh we are going to move on. Uh this is

[12:00] not a debate. Uh we have a resident who spoke and it um

[12:10] um remarks were made and we're going to move on. Thank you for sharing your

[12:14] thoughts uh this evening. Is there anyone else who wants to address the

[12:19] council on an item that is not on the printed agenda and not an application

[12:23] form that will be coming before us at a future date?

[12:28] City clerk. Um yes.

[12:32] Yeah. Uh, is it on the agenda or I have you down? Um, Miss Grazini that it's on

[12:40] the agenda that you want to speak to an item.

[12:43] » Okay. >> So, I'm going to wait till we get to

[12:48] that item on the budget. >> Well, sure. That's right.

[12:51] » Yeah. This is So, this is citizens comments. It's not It's an item that is

[12:57] not on the agenda and not an application form.

[13:00] » Okay. Thank you.

[13:04] All right. Uh, city clerk Collins, is there anyone on um line who wants to

[13:11] address the council? >> No one online has asked to speak, mayor.

[13:15] » Okay. Thank you. We will then move on. The next item is additions to the final

[13:20] agenda. This is for emergency items only.

[13:24] City Manager Lindberg, are there any emergency items to come before the body?

[13:29] » Nothing from staff. members of the council. Okay, we are

[13:33] moving on and now we are at the consent agenda. The consent agenda is a group of

[13:38] items that's considered to be routine and will be enacted by one motion.

[13:43] However, an item on a consent agenda can be removed for a separate discussion and

[13:48] vote. Is there anyone in the audience who wishes an item on the consent agenda

[13:53] to be removed for a separate discussion and vote?

[14:01] City Clerk Collins. Anyone online who wishes an item to be removed?

[14:06] » Uh, no one online has made a request. Mayor,

[14:10] » City Manager Lindberg, does staff want an item to be pulled?

[14:14] » Not from staffer. >> Members of the council?

[14:17] » No. >> Okay. Uh I am requesting to pull uh item

[14:23] 4H and this is to authorize the purchase of a joint police and fire department

[14:27] mobile command p uh post uh vehicle. So I'm pulling that item for a separate

[14:33] discussion and vote. May I have a motion for the balance? Please

[14:37] » move to approve. >> Second.

[14:38] » There's a motion and a second. All in favor, please say I.

[14:43] » Oppose say nay. And the motion carries. Thank you.

[14:47] uh members of the council and um our community. I'm pulling this item

[14:54] because I want to highlight the strength of relationships and

[14:59] working together for the good of the community.

[15:03] This item is to authorize the purchase of a joint police and fire department

[15:09] mobile command uh post vehicle. And this item

[15:15] is the result of work that we do well together with our congressional

[15:21] delegation. I am pulling it because I wish to

[15:28] express my deep appreciation uh to Cong um council to Congresswoman

[15:35] Angie Craig who carried this item uh in the House of Representative

[15:43] because it's a federal congressional direct spending

[15:49] item and to Senator Clober Bushar who carried

[15:54] it in the Senate for us and both

[16:00] these members of Congress take my call asking for their support

[16:08] and all of my letters asking them for their support.

[16:14] And the result of that is that we have this

[16:19] which allows us to have this um opportunity where the federal government

[16:26] is going to be paying for this vehicle for us for police and fire and that our

[16:34] neighbors can also use. the one that we have

[16:41] no longer is it's it's ex extended its uh useful life and again this was back

[16:50] in after 911 and we received in 2004 so it has passed its useful life so I want

[16:57] to just express my deep gratitude and appreciation to Congresswoman Craig and

[17:03] to Senator um Globachar and uh with the support of Senator Smith because after

[17:11] the vote was taken in the Senate and it was after 9:00

[17:18] Senator Clolobachar called me to tell me it is done and you have it. Those are

[17:26] the kinds of things that the power of relationships

[17:30] and working together allows us to get receive the kind of

[17:35] result for the city of Burnsville. So with that, I move approval of this item

[17:40] and I thank you very much for your support and your partnership.

[17:46] » Second. >> There's a motion and a second.

[17:48] » Triple. Yeah, it is it is a good thing because when we work together for the

[17:54] good of the people, we get great results. So there is a motion and a

[18:00] second. All in favor, please say I. I. >> I. Oppose say nay. And the motion

[18:04] carries. Thank you very much, everyone. All right.

[18:09] And now we will move on to um our regular agenda. And the first item on

[18:17] the regular agenda is a public hearing. And this is to approve on sale wine and

[18:21] on sale 32 malt liquor license for Tsunami Japanese LLC doing business as

[18:28] Tsunami Japanese Cuisine at 1601 County Road 42 West. This is a public hearing.

[18:36] Presenting this evening is our city clerk,

[18:40] Mrs. Collins. The floor is yours. >> Thank you, ma mayor and city council.

[18:45] the uh new owners of Tsunami Japanese Cuisine uh known as Tsunami Japanese LLC

[18:52] has submitted an application for wine onale wine and on sale beer license at

[18:58] the existing location there on County Road 42 West. The Burnsville Police

[19:02] Department has conducted background investigations on the principles

[19:06] involved with nothing found to deny the application. Uh the license issued

[19:11] contingency listed in the background has been resolved. The associated license

[19:14] fee has already been paid. Uh, city code requires a public hearing for all new

[19:19] liquor license applications. I stand for any questions. This is a public hearing.

[19:24] » Members of the council, [clears throat] questions for city clerk. Okay, there

[19:28] are no questions. This is a public hearing. Is there anyone who wishes to

[19:32] speak to this item? Anyone who wishes to speak to this item?

[19:38] Seeing no one, I will close the public hearing. Members of the council, your

[19:41] pleasure. Move to approve. >> Second.

[19:44] » There's a motion and a second. All in favor, please say I. I.

[19:47] » I. Oppose say nay. >> And the motion carries. Thank you. The

[19:51] next item on the regular agenda is the uh amendment

[19:58] to the 2026 operating budget to fund private security cost for the Burnsville

[20:04] Festival and Fire Master for one year. Presenting this evening is our fire

[20:08] chief BJ Gentleman. Chief. >> Good evening, Madame Mayor, members of

[20:13] the council. I've got a short presentation uh just to cover how we got

[20:17] here. Um so the item is to amend the operating budget to fund private

[20:22] security for Burnsville Festival. Uh from C from a council direction

[20:25] standpoint. Uh April 14th, staff brought uh request forward from the festival for

[20:31] the city to fund the private security associated with the festival. Uh June

[20:35] 9th, the city council directed staff to prepare a budget amendment to provide

[20:39] one-time funding for private security for the 2026 festival and fire muster.

[20:45] And tonight before you is a one-time general fund budget amendment in the

[20:49] amount of $17,849

[20:52] that would be funded from fund balance. So

[20:56] » questions for Chief Gentleman.

[21:02] Okay. Thank you, Chief. We do have uh members of um our community who wish to

[21:08] speak to this item. Uh I have Mr. Nick Benson. Mr. Benson, the floor is yours.

[21:17] » Uh hello, I'm Nick Benson. Is the microphone on?

[21:20] » Yeah. >> Okay. Um disclosure, I am also running

[21:23] for city council. Uh but I am not campaigning. In fact, I admire the sign

[21:27] work that I have seen around town. Uh you I could learn a lot from all of you

[21:31] clearly. Um in the discussion regarding the uh the funding for this I had seen

[21:39] in the last meeting in early June that there was concern about the conflict of

[21:44] interest with Mr. Keely's um being on the board of the fire uh of the

[21:50] festival. Uh it was explained away that there since you're a volunteer and

[21:54] that's admirable that it is not a there's not a fiduciary conflict of

[21:58] interest. But I did see that companies that Mr. Keley works for sponsor events

[22:03] and their name and logo is all over at the festival with uh Pawn America and

[22:08] Cheddar. And so I just wanted clarification on if that to to me that

[22:13] appears to be a potential fiduciary conflict and I just wanted to see if if

[22:18] that made sense to anyone else either. That's a concern I had when I saw that.

[22:22] So thank you. >> Thank you.

[22:26] Okay. Uh the next one is uh Miss Gazini.

[22:36] Sorry, sorry I uh get a little confused on when I can talk.

[22:42] And I'm sorry for this, too. I would like to make a note regarding Mr. John's

[22:46] comments. It appears there is evidence of what he claimed. I didn't hear him

[22:50] complaining about an isolated case. What I heard was a pattern. Patterns are a

[22:54] problem. While there are apparently videos of at

[22:57] least two of the incidents, the recent one regarding Red Lion sounds plenty

[23:01] suspicious to me. One wonders why Mr. Workman would seek to intervene on

[23:06] getting Mr. John's phone number to the Red Lion owner,

[23:09] » who would then call Mr. John less than 10 minutes later.

[23:13] » That's not complaining about a sign blowing away. It's not complaining about

[23:16] a sign falling. It's not complaining about not having a sign somewhere. It's

[23:21] a problem. Whenever a council member is speaking to a business person

[23:25] » about a competitor, >> okay,

[23:27] » council members have power over what businesses can do.

[23:31] » Madam Mayor, I would like to interrupt this. This is not on this topic. This

[23:36] topic >> I'm sorry is about Thank you.

[23:39] » Thank you. and and uh and forgive me if I

[23:44] stopped you from because I saw your name on the list and I thought you were

[23:50] but >> I didn't know I was I didn't know I was

[23:52] going to say anything about Mr. John. I'm sorry. So that was my mistake. Okay.

[23:56] I I do want to ask about uh or talk about the uh the budget decision because

[24:00] the bud this is about 5B the budget. So, I'm mainly concerned about council

[24:06] members putting their finger on the funding scale. Um, and obviously I'm

[24:11] talking about you, Mr. Culy. When our attorney says it's illegal for you to

[24:15] participate at all and the statute that I read it does seem to, as I read it,

[24:20] I'm not an attorney. Does make it sound illegal. It didn't look good to me that

[24:25] you kind of bullied your way and insisted that the attorney was wrong and

[24:28] you could do it anyway. And so, I guess what I'm

[24:33] the lawyer clarify. You use terminology that didn't exist.

[24:37] » It is not illegal. >> Seems to be a trend.

[24:39] » So, um >> I I will I will I will have our attorney

[24:44] address that when we when her remarks are done.

[24:48] » I apologize if I use but it is a statute. So, to me, if you're breaking a

[24:52] statute, that's illegal, but I'm not an attorney. So, again, I apologize. Um, I

[24:58] was especially kind of surprised because the leader that spoke for the fire

[25:01] muster at the meeting said, "If we don't get the funding, it's okay. We'll work

[25:06] it out." I didn't understand why Mr. Workman who

[25:10] volunteers for the fire muster claimed that it might go away if they didn't get

[25:15] $18,000 more on top of the what 150 or whatever we've already given them. I'm a

[25:19] taxpayer. I'm wondering where fidiciary responsibility comes in on this council.

[25:24] I don't see a lot of brakes being put on it. And forcing it through when you head

[25:28] the organization, legal or not, doesn't look good. It

[25:34] looks like it's my baby. I'm going to make sure I defend it to hell. That's

[25:38] not what I was told our city's about. But increasingly, I'm beginning to

[25:42] wonder. Seeing some really ugly behaviors in this council, and I didn't

[25:46] expect it from you, Dan. And I'd like, for that reason, I'd like this vote not

[25:51] to occur. I don't It's a statute. I'd like the attorney to address it. If this

[25:56] was an illegally contrived vote or unethical, I'd like it to be pulled.

[26:04] » Okay. >> Thank you.

[26:05] » Thank you. Um Mr. Jared, um would you like to uh address the

[26:13] remarks that were made with regard to the statute?

[26:17] » Sure. Um you know, members of the council has my opinion with respect to

[26:21] the conflict of interest questions. I will say for the for the public um

[26:25] courts use what's called the lend factors when they look at

[26:28] non-contractual conflicts of interest. So they look at a various things that

[26:32] that the council members are then entitled to examine and make their own

[26:36] determination as to whether or not they feel like they're conflicted. Those are

[26:39] the nature of the decision being made, the nature of the financial interest if

[26:43] any, the number of officials who possess interest, the need to have those

[26:47] officials make the decision, other means of review available which could ensure

[26:51] officials do not act arbitrarily uh to further their own selfish interests. So

[26:57] those are the kind of the factors that the courts will look at. Um, again, I

[27:00] just advise the council and advise individ individual council members on um

[27:05] the state of the law and those decisions are yours to determine whether or not

[27:09] you feel like you're conflicted and and obviously council member Keley uh spoke

[27:14] his opinion at the work session on this topic.

[27:17] » Okay, very good. Uh, Council Member Schultz,

[27:22] » uh, I would like to make a motion to approve.

[27:26] Uh if I may there there's a motion in a second and I would like for council

[27:33] members to have the opportunity to speak to this item.

[27:37] » Absolutely. >> Because it is the right of each council

[27:39] member before anyone calls a question because a now a vote is made and second

[27:46] and yet we have not given everyone the opportunity to speak and it is their

[27:51] right to make those remarks. I will accept a friendly amendment to allow

[27:57] comments by each council member if they so choose. Do I

[28:04] have a second on a friendly amendment? >> Absolutely. Yes. Thank you.

[28:07] » Okay. There's a motion and a second. >> All right.

[28:10] » Yeah. >> Okay. Thank you.

[28:12] » And now, Council Member Keley, you wanted to make a remark?

[28:17] » Yes. Um,

[28:20] point of record, this isn't the first time that our city

[28:24] attorney has advised any one of us on optics, not the law, optics. It happened

[28:32] previously. It happened by his predecessor. This goes back many many

[28:37] years, few decades or so with council members who volunteer their time on an

[28:43] event that the city um provides public safety and public works for uh

[28:50] international festival which was um the mayor was very involved in might even

[28:56] created the event. I mean it's a great event and she has volunteered her time

[29:00] and made votes related to financial support that the city gives. art and all

[29:04] that jazz. It's unfortunate that it's not around because it was a great event.

[29:08] Um, I met my wife at one many, many years ago. Uh, Council Member Gustoson

[29:14] voted as well. My comments that night were it's really I think the pot calling

[29:19] the kettle black to say, "Okay, we all did it, but you can't." And I don't

[29:23] think that's fair. So, I want first I want to thank you for reaching out in

[29:28] perspective and and sharing your perspective. I I know you're very

[29:32] engaged and I appreciate that and I do appreciate when residents closely

[29:36] monitor how public funds and our council decisions are made. I would love it if

[29:41] this room were full every meeting every Tuesday night because that's an engaged

[29:44] community. Now, we're on camera so they can you can sit at home and watch it.

[29:49] I want to address your concern regarding my involvement with the 501c3

[29:54] Princeville Festival and FireMuster. My role in this organization is entirely

[30:00] voluntary. I do not receive a salary, a stipend or

[30:05] any form of personal financial compensation or benefit from the

[30:09] involvement. Quite the contrary, it takes a few hundred hours of my personal

[30:15] time to give to it to make the event happen. It also takes a lot of hours by

[30:22] almost 150 people. It's a very large effort to make that three-day event um

[30:29] happen each year. And it's not different from any other city. Go to Lakeville, go

[30:35] to Savage, go to Apple Valley, go to Rosemont, go to Heaggan, our neighboring

[30:39] cities, anywhere else. A 501c3 non 501c3 nonprofit of a group of volunteer

[30:46] citizens is at the heart of putting these events on. And in every case they

[30:51] partner with the city and the city provides an as significant as you have

[30:55] found with Burnsville amount of public safety and public works to make it work

[31:01] right because you need streets blocked off. You need police there to make sure

[31:05] everyone has a safe event. So it is the city is the largest partner of anybody.

[31:12] Um, under the city's ethics code and state law, a conflict of interest arises

[31:18] when an official stands to gain a direct personal or private financial benefit

[31:24] from a vote because my involvement is strictly voluntary and carries zero

[31:29] financial uh interest. There is no legal conflict of interest and I am fully

[31:35] qualified and obligated to represent the public on this matter. In local

[31:40] government, we want council members who are actively engaged in the community as

[31:45] the mayor was with the international festival, as council member Gustoson was

[31:49] with the art and all that jazz, as council member Workman has been for many

[31:53] years with the uh Burnsville festival firebuster, as I was for many years with

[31:58] the heart of the city race, which was another legacy event by the city. All of

[32:03] us give our time willfully because we're engaged in the community. And I think

[32:09] the people, it's true, people do expect us to be engaged in the community. So,

[32:14] it's a little difficult to be a volunteer and then sit up here and and

[32:19] have to recuse every single vote that has anything to do with what we

[32:23] volunteer in. And as I noted, it isn't indicated by law because we're not

[32:28] taking any personal benefit. >> Can I respond?

[32:31] » My volunteer work gives me a deep understanding of the organization's

[32:35] impact on our residents. We had an estimated a very good estimate of 34,000

[32:41] attendees at the Burnsville Festival in Fire Muster in 2024. A little less than

[32:46] that last year because rain canceled Thursday, cold winds and 50° Friday, and

[32:53] three bouts of rain on Saturday. But ultimately, this organization

[32:58] has come back to life because of so many people getting involved. I'm just one of

[33:04] those people. It's a huge effort. So I think that helps me make more

[33:11] informed decisions at this dis. My role in this matter as always was guided

[33:16] strictly by what is in the best interests of our entire city and this

[33:20] organ this particular 3-day festival has a 46-year history in this history in

[33:26] this city. No other event has that kind of depth uh and uh tenure in the city.

[33:32] So that is what drives my decisions. I think about it very carefully. I

[33:38] talked to our legal counsel as I did his predecessor in votes that happened years

[33:44] ago. Same exact situation and I'm sure Council Member Gustoson and the mayor

[33:49] did as well. And so it's I just want to ask everybody to know all

[33:56] the facts and understand the history that many of us here are involved in

[34:02] volunteer efforts that we bring events to the city. We're very proud of all the

[34:08] festivals that we we bring in this city. It brings a quality of life that I think

[34:12] is a part of why somebody chooses to live in Burnsville.

[34:18] We have great houses. We are very good location. We believe we have good

[34:22] schools and the festivals are a talk of the town. People love when the community

[34:28] brings folks together with festivals and events like Party on the Plaza, what was

[34:33] art and all that jazz. What is still the international festival and and what is

[34:37] the Burnsville festival? So, I think it's all good.

[34:42] That's all I have to say. Thank you. Can you wait till I have have all and

[34:47] then I will come back to you? Uh, Miss Gazini. Uh, Council Member Gustoson.

[34:53] » Thank you, Madam Mayor. Um, I agree that festivals are the fabric of our city and

[34:58] it brings neighbors together. Neighbors become friends and it's important that

[35:02] that happens in our community. I do have to set the record straight a little bit

[35:05] on art and all that jazz though. up until just as we were coming out of

[35:10] COVID, I recused myself from votes for art and all that jazz, including when we

[35:14] became a legacy event to begin with and I asked for some money the same year the

[35:19] fire muster had asked for $10,000 for the fireworks because it was your 40th

[35:24] anniversary and we were struggling as we were coming out of CO. But that's really

[35:28] that and the time that we did the $50,000 grant to uh funding for the fire

[35:34] muster. That's the only two times I actually voted. Nobody ever told me I

[35:37] should have recused myself in any one of those things. And so I I did that. But

[35:41] prior to that, I always recused myself and all this art and all that jazz

[35:44] things that came to the city. In fact, I never brought anything to the city for

[35:47] art and all that jazz. And the records will definitely show that. Um

[35:54] there's a couple things I want to say about this particular budget amendment.

[35:58] One is I I really think we need to uh make a

[36:04] differenti between public safety commitments that we have to the festival

[36:10] and private safety that we that that we have to hire

[36:14] out for the festival. I think they're two different things. I know this I know

[36:18] this is going to be happening for the next year. We're going to be reviewing

[36:20] it coming up here sometime toward the end of the year, first part of next year

[36:23] because we're going to have to for the festival for next year. I'd like us to

[36:27] be able to talk about all that when we when we bring that forward in the in the

[36:31] future. The second part I want to remind everybody that

[36:35] this festival is a 501c3. It's a private festival. It's not a city festival. The

[36:41] policy is our policy as a sponsor of the festival. It's it's not an entitlement.

[36:48] It's a it's a sponsorship. And we can't just keep coming back when we need more

[36:53] money every time. And different circumstances require different things

[36:58] from the fireworks and a couple years ago to the $50,000 cash. And I

[37:03] understand there were there were issues raising money and I get that. And then

[37:07] now there's current thing with with the private security that has to be hired

[37:10] for it. And so for that reason alone, I think I I know I'm going to be voting

[37:16] no on this budget amendment on it, but I do look forward to having us have this

[37:21] conversation going forward about our legacy festivals and how we're going to

[37:25] deal with them in the future. And I really want to kind of separate public

[37:29] safety from private security as who's responsible for that. And I and I don't

[37:34] think the city is. With that, I'll pass. >> Council member Schultz.

[37:40] Uh so I will be voting yes on this. And just to reiterate why I'm voting yes on

[37:44] this, uh we're voting yes for one year. Um the city is the one that through our

[37:52] first responders is placing the additional burden

[37:58] of security on the festival. Um this is not the festival deciding out of the

[38:04] blue through their own initiative that certain levels of security are needed.

[38:09] um this is the city telling the festival this really needs to happen. Um and so

[38:16] when government tells an entity that something needs to happen, like I'm not

[38:23] a big fan of unfunded mandates. I don't like them in our schools and I don't

[38:27] like them in this and I see them as very comparable. Um,

[38:32] however, I also think that we have a problem with the vagueness in our policy

[38:39] and I pointed that out when we discussed this in our work session. I I was

[38:45] hopeful and I am hopeful um that we can take that up because I don't think this

[38:51] will be the first time we see this. Um, I think we'll see this with other other

[38:56] festivals um in our city. And the issue is that we have some vagueness in in our

[39:04] policy. And so I would like the um Burnsville Festival to have a year to

[39:13] figure things out for themselves, but I also think that the city uh needs the

[39:18] year to be able to reook at that policy and tighten the language up so that it's

[39:25] more clear and more defined. So let's do it. Council member Burkeman.

[39:36] » Thank you. I'm in support of this as well for one year. Um as Cara Schultz or

[39:41] Council Member Schultz stated, um this is a requirement coming from public

[39:45] safety. Um I'm fine doing this for one year so we can hash out everything

[39:52] that's been said from distinguishing public safety um and private security

[39:57] and so on. The festival is already losing the carnival um this year, which

[40:02] I think is going to make a pretty significant impact. Um

[40:06] and like I already said in the work session, um

[40:10] this is our longest standing festival. I understand we're not just going to

[40:14] continue to throw money at it uh just to keep it alive, but this is new territory

[40:20] for the festival. Um this isn't something we've discussed previously.

[40:23] It's not like we're paying for fireworks or live music. this is a security thing,

[40:26] which is why I'm a little bit more um okay with this. Um so with that said,

[40:34] I'm I'm fine with it for this year, but we do need to go back and tighten up a

[40:37] lot of things in the next 12 months. Thank you, uh council members for all of

[40:43] your remarks. And um I appreciate the work that goes into community events

[40:50] like the Burnsville Festival and Fire Muster and the International Festival.

[40:54] and when we had art and all that jazz. And yes,

[40:59] it is good for all of us to be engaged in our community and to be

[41:06] proponents of things that enrich the lives of our community. However,

[41:12] when we are engaged in these events, I have voted against

[41:18] the amount of money that we give to the legacy. So my

[41:25] position has been consistent all along. I do not support the city

[41:35] contributing money to festivals because I think that's a 501c3.

[41:40] It is the responsibility of that organization to raise the money to make

[41:45] the festival a reality and to meet what it is that they want the festivals to

[41:51] look like. So I have never come to the city in my capacity

[41:57] uh as a volunteer uh at the international festival to ask

[42:02] for money for the festival. I have voted against the legacy funds

[42:08] because I believe that that is the responsibility of those 501c3

[42:14] organizations.

[42:18] The festivals and the events matter to our residents, but this request and

[42:24] other requests that ask for our taxpayers to cover that kind of money,

[42:30] like tonight it's $17,74923

[42:36] in private security cost that were not budgeted and would require us to amend

[42:42] the general fund. When we amend the general fund, that

[42:47] means that it's going to take money away from some or some some department within

[42:54] the organization because the budget is already set.

[42:59] And our residents expect tax dollars to support public safety, public works,

[43:06] parks, and community assets and responsible stewardship. and for us to

[43:11] be good responsible stewardships of their money, not private operational

[43:17] expenses for nonprofit events. That's my belief.

[43:23] And so I've not voted for any of that. So tonight, I'm not going to be voting

[43:28] for this because nonprofits and businesses have the responsibility to

[43:33] raise the funds needed to deliver their mission and what their outcome is for

[43:40] that event. Shifting private security costs to taxpayers sets a precedent that

[43:49] I cannot support. And for that reason, I will be voting against this like I have

[43:55] in the past in all the other uh requests that have come before the city because I

[44:01] believe that our residents are asking us to be good stewards of their money. And

[44:08] when we work hard on the budget, because we start in February and we go through a

[44:15] very transparent process that allows everyone in the city

[44:20] to understand how we're going to be spending the public's money, the

[44:25] residents and business money in this community.

[44:29] And when it is set, it is set. And tonight we're asking our

[44:37] city manager and our staff to amend this budget. Now, I don't know where this

[44:42] money is going to come from, but I understand it's going to be out of the

[44:45] general fund, but out of that general fund, I can tell you that it's coming

[44:50] out of some department that's going to be losing some of that money.

[44:56] And so, I am voting against this just as I have in the past. It is the

[45:03] responsibility of all 501c3s that are legacy events within the

[45:08] community of Burnsville. Raise the money if that's what you want to do uh with

[45:14] regard to your events. Raise the money. The 501c3s that I belong to,

[45:23] like the community foundation or the police uh and fire foundation, we bring

[45:30] money to the city. We're not asking for the city to pay any of that. We bring

[45:36] money to the city. [snorts] That's what I believe. I'm

[45:41] going to be raising money to help make the city uh events

[45:47] uh a success, not coming out of the taxpayers.

[45:54] » Council member Keely, >> two things real quick. uh your last

[45:58] point about um the wonderful police and fire foundation. That event doesn't

[46:04] happen in the city of Burnsville. It happens actually in Lakeville. So, uh it

[46:09] wouldn't be gerine to this discussion. Number two, you mentioned um this is

[46:16] going to take money from another department. City Manager Lindberg, would

[46:20] you please uh enlighten everyone on the current unallocated balance in the

[46:27] city's general fund uh sources and whether this is going to quote, as the

[46:32] mayor put it, take money from another department,

[46:37] » city manager Lindberg, >> Madame Mayor, members of the council, is

[46:40] is reflected in the background information provided to you. a budget

[46:45] amendment. Uh the budget amendment in front of you uh is to increase

[46:49] expenditures in the general fund operating budget. Um that's related uh

[46:54] the staff recommendation is related to um the the policy of legacy events in

[47:01] the definition of basic city services. Um so the request in front of you is for

[47:07] uh event security related to operating expenses. um uh the funds uh or the

[47:15] revenue side would be through available general fund balance.

[47:20] » Okay. And um to clarify, council member Keley, the Burnsville Police and Fire

[47:26] Foundation is a Burnsville Police and Fire Foundation

[47:30] that is through its declaration >> and address is Burnsville, not

[47:36] Lakeville. It just doesn't have a an event that happens in the city of

[47:40] Burnsville and it's not a legacy. >> We're using using the brackets crossing

[47:46] because they have a a golf course in Lakeville. We don't have an 18hole golf

[47:52] course, >> but it's also not a legacy event. So,

[47:53] it's not >> But the thing is the the purpose of my

[47:57] remarks is that I belong to organizations that bring money to the

[48:00] city, not take money from the city. All right. Um, Miss Grazini, I'll give you

[48:07] one more time, but please keep your your comments short.

[48:10] » I will I will do that. I just want to uh respond to some claims that were made.

[48:14] Um, I think your semantics is might be a little misleading, Dan. Um, the statute

[48:20] treats officers of 5013C's differently than it treats just general volunteers,

[48:24] even if you're a volunteer officer. My understanding is you are a vol you are

[48:28] officer. >> Okay. So, that's different. Um,

[48:33] » are you >> It appears unfair in that case. Let me

[48:36] finish. Can you stop interrupting me kindly?

[48:39] » Well, I just you're you're you jump to legal situations.

[48:44] » Absolutely. I do because legal matters. >> Well, and you said you're not a lawyer.

[48:48] I think we need a lawyer to weigh in on this.

[48:50] » Council member Keely, it is respectful to give um Miss Gazini her time and then

[48:57] I am going to go to Mr. Sheepard. Mayor, just if I may, really quickly, um

[49:03] just to let the council know where we are procedurally, we had a a motion and

[49:07] a second and we had a friendly amendment to allow discussion of the council.

[49:12] » Yeah. Yes. >> So, we're we're really outside of the

[49:15] public comment section of this. We're we're we're back to the council. So,

[49:18] that's where we're at in terms of the You have a a motion and a second in

[49:22] front of you. [snorts] >> Thank you, Mr. Sheepard, for the

[49:25] clarification. So, Miss Gazini, according to Robert's rules and where

[49:30] we're at, you are outside of that request. So,

[49:36] perhaps in a different environment, [snorts] you can cl make your

[49:40] clarifications. >> I will do that.

[49:42] » So, thank you so much. Okay. If the clerk can then take the

[49:49] role because there has been a motion and a second and the friendly amendment was

[49:54] accepted. So, if the clerk could please take the role.

[49:58] » Keely, >> yes.

[50:01] » Estiffson, >> no.

[50:03] » Schultz, >> yes.

[50:05] » Workman, >> yes.

[50:07] » Couts, >> no.

[50:10] And um thank you and the clerk and everyone has

[50:14] the division of the house. And then I thank everybody for their uh input into

[50:20] this particular item and members of the council. There are no other items to

[50:24] come before us this evening and a motion to adjourn is in order.

[50:28] » So moved. >> Second.

[50:29] » There's a motion and a second. All in favor, please say I. I. Oppose. Say nay.

[50:33] And the motion carries. Thank you for being with with us and have a good

[50:37] evening.

Regular City Council - 07 Jul 2026

Transcript