1 00:00:00,240 --> 00:00:08,400 New York. >> Good evening, ladies and gentlemen. It 2 00:00:05,359 --> 00:00:12,800 is now 5:30 and I will call this regular meeting of the Burnsville City Council 3 00:00:10,080 --> 00:00:17,039 to order. It is our tradition to stand for a moment of silence followed by the 4 00:00:14,799 --> 00:00:20,440 pledge of allegiance and we invite you to join us. 5 00:00:44,000 --> 00:00:50,399 I pledge allegiance [clears throat] to the flag of the United States of 6 00:00:47,600 --> 00:00:56,000 America and to the republic for which it stands, one nation under God, 7 00:00:53,600 --> 00:00:59,660 indivisible, with liberty and justice for all. [clears throat] 8 00:01:00,719 --> 00:01:05,840 and welcome to the members of the public who are joining us in person this 9 00:01:04,239 --> 00:01:13,960 evening. Thank you so much for being present. Members of the public can also 10 00:01:09,040 --> 00:01:13,960 uh watch us on burnsvillemn.gov/meings 11 00:01:14,000 --> 00:01:24,880 or comcast channel 16 or 859. The public can also participate through Zoom by 12 00:01:20,960 --> 00:01:30,400 joining us at zoom. usjoin. More information is available on our 13 00:01:27,680 --> 00:01:35,920 meetings web page and in the council agenda packet. 14 00:01:32,560 --> 00:01:39,759 Uh the first item on the agenda is our announcements. 15 00:01:37,600 --> 00:01:44,320 Our announcements have to do with all of our upcoming meetings. Our regular 16 00:01:42,560 --> 00:01:52,799 council meetings are scheduled for Tuesday, July 21st at 5:30 p.m. and on 17 00:01:48,720 --> 00:01:58,479 Monday, August 3rd at 5:30 p.m. Now, it's moved to Monday because Tuesday, 18 00:01:55,600 --> 00:02:02,560 August 4th, is our night to unite event throughout the whole city. So, we're 19 00:02:00,640 --> 00:02:06,960 going to be meeting on Monday rather than Tuesday. 20 00:02:04,479 --> 00:02:12,720 And our work session is scheduled for Tuesday, July 14th at 5:30. And we have 21 00:02:10,800 --> 00:02:18,800 a special work session which is our quarterly roundtable scheduled for 22 00:02:15,120 --> 00:02:24,879 Tuesday, July 21st at 6:00 p. p.m. All meetings of the city council are in the 23 00:02:21,360 --> 00:02:29,840 council chambers. Our roundt um 24 00:02:27,040 --> 00:02:35,760 special work session. I think we haven't scheduled the location for that just yet 25 00:02:32,800 --> 00:02:40,239 » because of all of the um changes going on with uh with all of the meeting 26 00:02:38,319 --> 00:02:43,640 rooms, but it's going to be in one of the meeting rooms. 27 00:02:43,680 --> 00:02:50,879 Okay. And then the next item on the agenda is 28 00:02:48,959 --> 00:02:56,319 citizens comments. And this is the opportunity for anyone in the audience 29 00:02:53,519 --> 00:03:01,040 to um address the council on an item that is not on a printed agenda and not 30 00:02:58,959 --> 00:03:10,480 an application form that will be coming before us at a future date. Um 31 00:03:05,599 --> 00:03:15,360 and I see that um Mr. John, you are going to be speaking 32 00:03:12,800 --> 00:03:16,480 at citizens comments. You have the floor. 33 00:03:16,000 --> 00:03:19,360 » Thank you. >> Good evening. 34 00:03:17,200 --> 00:03:23,000 » Good evening. Thank you, Madam Mayor and city council members. 35 00:03:23,200 --> 00:03:28,480 » Oh, sure. [clears throat] 36 00:03:26,640 --> 00:03:32,560 My name is Chris John. I live here in Burnsville. I'm also a challenger in in 37 00:03:30,560 --> 00:03:36,319 the current city council race. And I want to make clear that this is not an 38 00:03:34,720 --> 00:03:42,560 attempt to campaign during the council meeting, but rather a plea to 39 00:03:40,640 --> 00:03:48,159 current council members for a completely fair and free election and to discuss 40 00:03:45,200 --> 00:03:52,000 possible illegal campaign practices of incumbent challengers in the upcoming 41 00:03:50,319 --> 00:03:56,080 election. Specifically, I and others are 42 00:03:54,000 --> 00:04:00,400 witnessing the same troubling practices of council work council member workmen 43 00:03:58,239 --> 00:04:04,480 in this election cycle we have seen in past elections. 44 00:04:02,080 --> 00:04:09,760 These have to do with him as a sitting council member exerting election related 45 00:04:07,120 --> 00:04:16,239 pressure on Birdsville businesses of whom he as you all have regulatory power 46 00:04:12,959 --> 00:04:20,880 over local licensing zoning and code enforcement and the like. 47 00:04:19,280 --> 00:04:25,440 This not only puts him at an unfair advantage over competitors like myself, 48 00:04:22,880 --> 00:04:29,840 Mr. Benson or Miss Gomez. It amounts to implied authority over 49 00:04:27,280 --> 00:04:34,479 businesses and spoken or not coercion of the business person. In other words, 50 00:04:32,080 --> 00:04:39,759 it's an abuse of powers that can lead to things like quid proquo. 51 00:04:37,360 --> 00:04:44,880 The latest resulted in removal of a camp a promised campaign sign location at Red 52 00:04:42,400 --> 00:04:50,240 Lion Liquors down by the performing arts center. This is after I met with owner 53 00:04:47,360 --> 00:04:54,560 Harpo last week at which time he told me he'd put my sign up. Fast forward to 54 00:04:52,479 --> 00:04:59,199 this morning when I heard from a mutual friend of council member Workman and 55 00:04:56,080 --> 00:05:02,240 myself asking if it was okay to share my phone number with council member 56 00:05:00,320 --> 00:05:06,320 Workman. To which I replied, "Yes, of course." After I did, the friend 57 00:05:04,639 --> 00:05:10,160 forwarded snippets of council member Workman's request, which read, and I 58 00:05:08,000 --> 00:05:14,320 quote, "Could you do me a favor and send me Chris John's phone number?" Harpo at 59 00:05:12,080 --> 00:05:19,280 Redline Liquor asked me for it, and I said, "I would ask you." Here's the 60 00:05:16,880 --> 00:05:22,960 problem. Not 10 minutes later, I received a phone call from Harpo at Red 61 00:05:21,360 --> 00:05:26,880 Line Liquor telling me that he's changed his mind. He doesn't want my yard sign 62 00:05:24,800 --> 00:05:31,680 on his property. He's just going to put the incumbents Keely and Workman up this 63 00:05:28,800 --> 00:05:36,000 year. Nothing personal alone. This incident would be a red 64 00:05:34,320 --> 00:05:40,000 would be a red flag, but nothing something that I would address the 65 00:05:37,600 --> 00:05:44,560 council with. As Harpull, like any property owner, has every right to 66 00:05:41,759 --> 00:05:49,039 support whomever he likes. It's the fact that two years ago I was made aware that 67 00:05:47,039 --> 00:05:54,000 Miss Council member Workman made the exact same request and that he told 68 00:05:52,000 --> 00:05:58,960 Harpo, "We don't like this Chris John all that much and asked Harpo not to 69 00:05:56,479 --> 00:06:02,080 host my sign." I'm not sure who we were in that 70 00:06:00,560 --> 00:06:05,680 scenario, but I was the only non-incumbent in that race and council 71 00:06:04,080 --> 00:06:08,800 member Workman was not up for reelection. 72 00:06:07,199 --> 00:06:12,240 The good news is that Harpo arranged to meet with me and ultimately decide to 73 00:06:10,720 --> 00:06:16,479 allow me to put the sign up at that time. But now with council member 74 00:06:14,160 --> 00:06:20,880 Workman's exerting pressure, he's reversing his position. And he's not the 75 00:06:19,440 --> 00:06:26,960 only one. There have been similar incidences with other businesses. 76 00:06:24,720 --> 00:06:31,680 Besides being a problem given council members workman's legal requirement not 77 00:06:29,600 --> 00:06:38,080 to misuse his public position or accepting pre special privileges, it 78 00:06:34,160 --> 00:06:43,680 puts myself again and this election's other non-incumbent candidates at a very 79 00:06:40,319 --> 00:06:47,840 unfair advantage. City council races do not get a lot of attention. It's very 80 00:06:45,520 --> 00:06:52,080 hard for a non-incumbent to win against an incumbent. Name recognition is 81 00:06:49,840 --> 00:06:57,600 incredibly important, which means a lot of door knocking and a lot of yard signs 82 00:06:54,639 --> 00:07:02,560 visible, especially at high travel areas such as the heart of the city where line 83 00:06:59,599 --> 00:07:08,160 red line liquor is located. It may help explain municipal incumbents being 84 00:07:04,720 --> 00:07:12,720 elected 10 to 20 plus years. Regardless, when a recognized incumbent 85 00:07:11,039 --> 00:07:16,160 like Council Member Workman goes to a business and tells them that they 86 00:07:14,319 --> 00:07:20,080 shouldn't put up somebody's sign that carries the implied weight of 87 00:07:17,599 --> 00:07:24,800 consequences on businesses if they do put up that sign. Since it happened more 88 00:07:22,800 --> 00:07:29,759 than once, I want to bring it up because I think it needs to stop and it needs to 89 00:07:26,880 --> 00:07:34,000 stop now. If you can't win an election on your values without cheating, then 90 00:07:32,319 --> 00:07:37,840 you do not deserve the seat on the council. 91 00:07:36,000 --> 00:07:41,680 As for other times that has happened, two years ago, Ysef was running 92 00:07:39,599 --> 00:07:46,560 against council member Workman's mother, Liz Workman for county commissioner. A 93 00:07:44,000 --> 00:07:53,599 local business owner was recorded by Ysef saying that he can't put you sign 94 00:07:51,120 --> 00:07:56,879 up because Vince Workman told him not to. 95 00:07:55,360 --> 00:08:02,479 Four years ago, when I was running along council with Crystal Fett, we lost 96 00:08:00,479 --> 00:08:06,400 several signs throughout the campaign, which harmed our campaign and cost 97 00:08:04,720 --> 00:08:11,120 money. A mitzvah, who was a black woman, had 98 00:08:08,400 --> 00:08:15,680 racist slurred written on one of them. I'm not saying council member Workman 99 00:08:12,720 --> 00:08:20,960 did that, but that was the case. We have photographs of one of his campaign team 100 00:08:18,160 --> 00:08:25,840 taking down these signs. We all deserve a fair election, and I don't only mean 101 00:08:23,120 --> 00:08:29,919 for myself and the other non-incumbents. More importantly, our businesses and 102 00:08:27,360 --> 00:08:34,719 residents deserve leaders, election year or not, who play by the 103 00:08:31,919 --> 00:08:39,760 rules, in particular, don't abuse their power. I plan to continue running a fair 104 00:08:37,680 --> 00:08:43,919 campaign that demonstrates that kind of fair leadership and legal practices that 105 00:08:41,680 --> 00:08:51,519 always gives voters in our community the power they are they deserve. 106 00:08:48,720 --> 00:08:57,279 Thank you for your attention and time. >> Thank you. 107 00:08:53,760 --> 00:09:04,160 Okay, mayor. Yes, Council Member Schultz. 108 00:08:59,279 --> 00:09:10,800 » Uh, so I would like to give uh residents an idea of the sign wars that happen. 109 00:09:07,519 --> 00:09:17,440 Um, it is regular that we all lose signs. Um, it's regular that people run 110 00:09:15,200 --> 00:09:21,680 them over, they steal them, they rip them up, the wind blows them. Um, 111 00:09:19,839 --> 00:09:25,360 there's all kinds of things and shenanigans that happen with science. 112 00:09:24,000 --> 00:09:32,320 That's normal and we all pull our big boy 113 00:09:28,640 --> 00:09:38,560 panties on and move on. Now, I will tell you, Chris John, that last election when 114 00:09:36,000 --> 00:09:45,920 you were running, I was door-knocking at a house and they had one of your signs 115 00:09:41,120 --> 00:09:52,640 and I door knocked and they said why they supported you, which is perfectly 116 00:09:48,320 --> 00:10:02,560 fine. um but it was actually a 180 of how you actually um spoke on a 117 00:09:56,480 --> 00:10:10,000 particular issue. And so I said, "Well, you can check that out because we all 118 00:10:05,279 --> 00:10:14,720 were in uh a chamber forum and there is a recording of that. So you can see what 119 00:10:11,760 --> 00:10:19,920 that says." Now, I was contacted by that resident later because he picked your 120 00:10:17,040 --> 00:10:26,640 yard sign up and threw it in the garbage and then he asked me for one of mine. 121 00:10:22,560 --> 00:10:31,920 So, it does not mean that someone used their pressure 122 00:10:28,959 --> 00:10:38,720 for why someone may do a sign or not do a sign. It can be that they decide they 123 00:10:36,640 --> 00:10:44,640 don't like your policies or they don't like what they've heard about you. or it 124 00:10:41,200 --> 00:10:48,640 could just be whatever. Sometimes they decide we're only going to do two signs, 125 00:10:46,480 --> 00:10:53,200 we're going to do five signs. There's all kinds of things. We all need to be 126 00:10:50,560 --> 00:10:59,519 respectful of what property owners decide. 127 00:10:54,959 --> 00:11:05,839 And we also need to understand that just because you don't get a sign at a place, 128 00:11:02,959 --> 00:11:12,399 that's not the end of the world. Knock your doors and move on. 129 00:11:10,560 --> 00:11:17,120 If I may, Mayor. >> Yes, Mr. John. 130 00:11:14,880 --> 00:11:22,000 » It's not the fact that I did not get the sign it. Like I said, this it's his 131 00:11:20,240 --> 00:11:27,120 decision. It's his decision. >> So, one of the things we're not going to 132 00:11:23,920 --> 00:11:30,800 be debating any of this. We understand. And you want to 133 00:11:28,720 --> 00:11:34,800 » I just want to say then and then we're going to move on. 134 00:11:31,839 --> 00:11:39,760 » It's the implied power of a sitting council member sitting standing in front 135 00:11:38,079 --> 00:11:44,000 of a person. go for 10 years. >> Tell them not to put up a sign. 136 00:11:41,839 --> 00:11:48,720 » To stand there and call me a cheater in a public forum is the bigger problem. 137 00:11:46,640 --> 00:11:52,720 » I I can tell you that there's people I will tell 138 00:11:49,440 --> 00:11:56,959 » members of the council sign for your comments. I really appreciate 139 00:11:54,480 --> 00:12:03,200 that. Members of the council, >> uh we are going to move on. Uh this is 140 00:12:00,000 --> 00:12:08,200 not a debate. Uh we have a resident who spoke and it um 141 00:12:10,000 --> 00:12:16,480 um remarks were made and we're going to move on. Thank you for sharing your 142 00:12:14,079 --> 00:12:21,120 thoughts uh this evening. Is there anyone else who wants to address the 143 00:12:19,040 --> 00:12:25,600 council on an item that is not on the printed agenda and not an application 144 00:12:23,600 --> 00:12:31,440 form that will be coming before us at a future date? 145 00:12:28,720 --> 00:12:36,079 City clerk. Um yes. 146 00:12:32,959 --> 00:12:42,800 Yeah. Uh, is it on the agenda or I have you down? Um, Miss Grazini that it's on 147 00:12:40,800 --> 00:12:46,480 the agenda that you want to speak to an item. 148 00:12:43,920 --> 00:12:49,680 » Okay. >> So, I'm going to wait till we get to 149 00:12:48,160 --> 00:12:53,680 that item on the budget. >> Well, sure. That's right. 150 00:12:51,200 --> 00:12:59,600 » Yeah. This is So, this is citizens comments. It's not It's an item that is 151 00:12:57,200 --> 00:13:04,320 not on the agenda and not an application form. 152 00:13:00,959 --> 00:13:04,320 » Okay. Thank you. 153 00:13:04,480 --> 00:13:12,880 All right. Uh, city clerk Collins, is there anyone on um line who wants to 154 00:13:11,839 --> 00:13:18,560 address the council? >> No one online has asked to speak, mayor. 155 00:13:15,360 --> 00:13:22,880 » Okay. Thank you. We will then move on. The next item is additions to the final 156 00:13:20,720 --> 00:13:27,360 agenda. This is for emergency items only. 157 00:13:24,800 --> 00:13:31,120 City Manager Lindberg, are there any emergency items to come before the body? 158 00:13:29,600 --> 00:13:36,480 » Nothing from staff. members of the council. Okay, we are 159 00:13:33,760 --> 00:13:41,040 moving on and now we are at the consent agenda. The consent agenda is a group of 160 00:13:38,800 --> 00:13:46,240 items that's considered to be routine and will be enacted by one motion. 161 00:13:43,680 --> 00:13:50,800 However, an item on a consent agenda can be removed for a separate discussion and 162 00:13:48,399 --> 00:13:56,160 vote. Is there anyone in the audience who wishes an item on the consent agenda 163 00:13:53,839 --> 00:13:59,480 to be removed for a separate discussion and vote? 164 00:14:01,600 --> 00:14:08,959 City Clerk Collins. Anyone online who wishes an item to be removed? 165 00:14:06,959 --> 00:14:12,800 » Uh, no one online has made a request. Mayor, 166 00:14:10,480 --> 00:14:15,920 » City Manager Lindberg, does staff want an item to be pulled? 167 00:14:14,560 --> 00:14:18,240 » Not from staffer. >> Members of the council? 168 00:14:17,600 --> 00:14:25,600 » No. >> Okay. Uh I am requesting to pull uh item 169 00:14:23,040 --> 00:14:31,600 4H and this is to authorize the purchase of a joint police and fire department 170 00:14:27,760 --> 00:14:36,240 mobile command p uh post uh vehicle. So I'm pulling that item for a separate 171 00:14:33,680 --> 00:14:38,160 discussion and vote. May I have a motion for the balance? Please 172 00:14:37,360 --> 00:14:40,639 » move to approve. >> Second. 173 00:14:38,560 --> 00:14:45,600 » There's a motion and a second. All in favor, please say I. 174 00:14:43,040 --> 00:14:50,399 » Oppose say nay. And the motion carries. Thank you. 175 00:14:47,279 --> 00:14:56,959 uh members of the council and um our community. I'm pulling this item 176 00:14:54,160 --> 00:15:01,440 because I want to highlight the strength of relationships and 177 00:14:59,440 --> 00:15:07,040 working together for the good of the community. 178 00:15:03,120 --> 00:15:13,839 This item is to authorize the purchase of a joint police and fire department 179 00:15:09,279 --> 00:15:19,279 mobile command uh post vehicle. And this item 180 00:15:15,760 --> 00:15:23,279 is the result of work that we do well together with our congressional 181 00:15:21,519 --> 00:15:31,760 delegation. I am pulling it because I wish to 182 00:15:28,079 --> 00:15:40,480 express my deep appreciation uh to Cong um council to Congresswoman 183 00:15:35,519 --> 00:15:46,800 Angie Craig who carried this item uh in the House of Representative 184 00:15:43,760 --> 00:15:50,880 because it's a federal congressional direct spending 185 00:15:49,279 --> 00:15:57,680 item and to Senator Clober Bushar who carried 186 00:15:54,399 --> 00:16:03,839 it in the Senate for us and both 187 00:16:00,480 --> 00:16:11,600 these members of Congress take my call asking for their support 188 00:16:08,639 --> 00:16:17,279 and all of my letters asking them for their support. 189 00:16:14,720 --> 00:16:23,680 And the result of that is that we have this 190 00:16:19,839 --> 00:16:30,160 which allows us to have this um opportunity where the federal government 191 00:16:26,560 --> 00:16:38,079 is going to be paying for this vehicle for us for police and fire and that our 192 00:16:34,240 --> 00:16:46,639 neighbors can also use. the one that we have 193 00:16:41,759 --> 00:16:54,639 no longer is it's it's ex extended its uh useful life and again this was back 194 00:16:50,160 --> 00:17:00,480 in after 911 and we received in 2004 so it has passed its useful life so I want 195 00:16:57,839 --> 00:17:08,400 to just express my deep gratitude and appreciation to Congresswoman Craig and 196 00:17:03,920 --> 00:17:15,679 to Senator um Globachar and uh with the support of Senator Smith because after 197 00:17:11,600 --> 00:17:22,000 the vote was taken in the Senate and it was after 9:00 198 00:17:18,559 --> 00:17:29,039 Senator Clolobachar called me to tell me it is done and you have it. Those are 199 00:17:26,000 --> 00:17:32,799 the kinds of things that the power of relationships 200 00:17:30,559 --> 00:17:38,160 and working together allows us to get receive the kind of 201 00:17:35,120 --> 00:17:43,520 result for the city of Burnsville. So with that, I move approval of this item 202 00:17:40,720 --> 00:17:46,720 and I thank you very much for your support and your partnership. 203 00:17:46,080 --> 00:17:51,440 » Second. >> There's a motion and a second. 204 00:17:48,400 --> 00:17:57,520 » Triple. Yeah, it is it is a good thing because when we work together for the 205 00:17:54,720 --> 00:18:02,640 good of the people, we get great results. So there is a motion and a 206 00:18:00,400 --> 00:18:07,520 second. All in favor, please say I. I. >> I. Oppose say nay. And the motion 207 00:18:04,640 --> 00:18:14,400 carries. Thank you very much, everyone. All right. 208 00:18:09,280 --> 00:18:19,600 And now we will move on to um our regular agenda. And the first item on 209 00:18:17,120 --> 00:18:24,880 the regular agenda is a public hearing. And this is to approve on sale wine and 210 00:18:21,679 --> 00:18:33,280 on sale 32 malt liquor license for Tsunami Japanese LLC doing business as 211 00:18:28,559 --> 00:18:38,960 Tsunami Japanese Cuisine at 1601 County Road 42 West. This is a public hearing. 212 00:18:36,880 --> 00:18:42,799 Presenting this evening is our city clerk, 213 00:18:40,559 --> 00:18:48,080 Mrs. Collins. The floor is yours. >> Thank you, ma mayor and city council. 214 00:18:45,360 --> 00:18:55,039 the uh new owners of Tsunami Japanese Cuisine uh known as Tsunami Japanese LLC 215 00:18:52,799 --> 00:19:00,160 has submitted an application for wine onale wine and on sale beer license at 216 00:18:58,000 --> 00:19:04,640 the existing location there on County Road 42 West. The Burnsville Police 217 00:19:02,720 --> 00:19:08,240 Department has conducted background investigations on the principles 218 00:19:06,080 --> 00:19:13,120 involved with nothing found to deny the application. Uh the license issued 219 00:19:11,120 --> 00:19:17,679 contingency listed in the background has been resolved. The associated license 220 00:19:14,880 --> 00:19:22,240 fee has already been paid. Uh, city code requires a public hearing for all new 221 00:19:19,440 --> 00:19:25,760 liquor license applications. I stand for any questions. This is a public hearing. 222 00:19:24,480 --> 00:19:30,400 » Members of the council, [clears throat] questions for city clerk. Okay, there 223 00:19:28,720 --> 00:19:35,200 are no questions. This is a public hearing. Is there anyone who wishes to 224 00:19:32,080 --> 00:19:40,000 speak to this item? Anyone who wishes to speak to this item? 225 00:19:38,240 --> 00:19:43,520 Seeing no one, I will close the public hearing. Members of the council, your 226 00:19:41,600 --> 00:19:45,600 pleasure. Move to approve. >> Second. 227 00:19:44,080 --> 00:19:48,799 » There's a motion and a second. All in favor, please say I. I. 228 00:19:47,039 --> 00:19:55,360 » I. Oppose say nay. >> And the motion carries. Thank you. The 229 00:19:51,840 --> 00:20:01,760 next item on the regular agenda is the uh amendment 230 00:19:58,480 --> 00:20:06,799 to the 2026 operating budget to fund private security cost for the Burnsville 231 00:20:04,320 --> 00:20:12,400 Festival and Fire Master for one year. Presenting this evening is our fire 232 00:20:08,799 --> 00:20:14,799 chief BJ Gentleman. Chief. >> Good evening, Madame Mayor, members of 233 00:20:13,760 --> 00:20:20,640 the council. I've got a short presentation uh just to cover how we got 234 00:20:17,679 --> 00:20:24,400 here. Um so the item is to amend the operating budget to fund private 235 00:20:22,000 --> 00:20:29,440 security for Burnsville Festival. Uh from C from a council direction 236 00:20:25,919 --> 00:20:32,880 standpoint. Uh April 14th, staff brought uh request forward from the festival for 237 00:20:31,280 --> 00:20:37,360 the city to fund the private security associated with the festival. Uh June 238 00:20:35,280 --> 00:20:41,440 9th, the city council directed staff to prepare a budget amendment to provide 239 00:20:39,039 --> 00:20:47,520 one-time funding for private security for the 2026 festival and fire muster. 240 00:20:45,039 --> 00:20:52,600 And tonight before you is a one-time general fund budget amendment in the 241 00:20:49,200 --> 00:20:52,600 amount of $17,849 242 00:20:52,720 --> 00:20:58,720 that would be funded from fund balance. So 243 00:20:56,559 --> 00:21:02,039 » questions for Chief Gentleman. 244 00:21:02,080 --> 00:21:11,760 Okay. Thank you, Chief. We do have uh members of um our community who wish to 245 00:21:08,799 --> 00:21:17,400 speak to this item. Uh I have Mr. Nick Benson. Mr. Benson, the floor is yours. 246 00:21:17,679 --> 00:21:20,559 » Uh hello, I'm Nick Benson. Is the microphone on? 247 00:21:20,159 --> 00:21:25,280 » Yeah. >> Okay. Um disclosure, I am also running 248 00:21:23,039 --> 00:21:29,520 for city council. Uh but I am not campaigning. In fact, I admire the sign 249 00:21:27,520 --> 00:21:35,039 work that I have seen around town. Uh you I could learn a lot from all of you 250 00:21:31,440 --> 00:21:41,760 clearly. Um in the discussion regarding the uh the funding for this I had seen 251 00:21:39,280 --> 00:21:47,760 in the last meeting in early June that there was concern about the conflict of 252 00:21:44,320 --> 00:21:53,120 interest with Mr. Keely's um being on the board of the fire uh of the 253 00:21:50,240 --> 00:21:56,559 festival. Uh it was explained away that there since you're a volunteer and 254 00:21:54,720 --> 00:22:01,520 that's admirable that it is not a there's not a fiduciary conflict of 255 00:21:58,240 --> 00:22:06,720 interest. But I did see that companies that Mr. Keley works for sponsor events 256 00:22:03,840 --> 00:22:10,559 and their name and logo is all over at the festival with uh Pawn America and 257 00:22:08,960 --> 00:22:15,600 Cheddar. And so I just wanted clarification on if that to to me that 258 00:22:13,360 --> 00:22:20,400 appears to be a potential fiduciary conflict and I just wanted to see if if 259 00:22:18,720 --> 00:22:23,679 that made sense to anyone else either. That's a concern I had when I saw that. 260 00:22:22,080 --> 00:22:32,360 So thank you. >> Thank you. 261 00:22:26,159 --> 00:22:32,360 Okay. Uh the next one is uh Miss Gazini. 262 00:22:36,799 --> 00:22:44,240 Sorry, sorry I uh get a little confused on when I can talk. 263 00:22:42,720 --> 00:22:48,000 And I'm sorry for this, too. I would like to make a note regarding Mr. John's 264 00:22:46,240 --> 00:22:52,080 comments. It appears there is evidence of what he claimed. I didn't hear him 265 00:22:50,240 --> 00:22:56,480 complaining about an isolated case. What I heard was a pattern. Patterns are a 266 00:22:54,480 --> 00:22:59,600 problem. While there are apparently videos of at 267 00:22:57,919 --> 00:23:04,400 least two of the incidents, the recent one regarding Red Lion sounds plenty 268 00:23:01,440 --> 00:23:07,600 suspicious to me. One wonders why Mr. Workman would seek to intervene on 269 00:23:06,000 --> 00:23:11,440 getting Mr. John's phone number to the Red Lion owner, 270 00:23:09,360 --> 00:23:14,720 » who would then call Mr. John less than 10 minutes later. 271 00:23:13,200 --> 00:23:18,720 » That's not complaining about a sign blowing away. It's not complaining about 272 00:23:16,880 --> 00:23:23,600 a sign falling. It's not complaining about not having a sign somewhere. It's 273 00:23:21,280 --> 00:23:26,880 a problem. Whenever a council member is speaking to a business person 274 00:23:25,520 --> 00:23:29,919 » about a competitor, >> okay, 275 00:23:27,280 --> 00:23:33,039 » council members have power over what businesses can do. 276 00:23:31,360 --> 00:23:36,400 » Madam Mayor, I would like to interrupt this. This is not on this topic. This 277 00:23:36,000 --> 00:23:42,960 topic >> I'm sorry is about Thank you. 278 00:23:39,120 --> 00:23:47,120 » Thank you. and and uh and forgive me if I 279 00:23:44,880 --> 00:23:50,880 stopped you from because I saw your name on the list and I thought you were 280 00:23:50,480 --> 00:23:54,080 but >> I didn't know I was I didn't know I was 281 00:23:52,480 --> 00:23:58,320 going to say anything about Mr. John. I'm sorry. So that was my mistake. Okay. 282 00:23:56,080 --> 00:24:04,240 I I do want to ask about uh or talk about the uh the budget decision because 283 00:24:00,240 --> 00:24:08,799 the bud this is about 5B the budget. So, I'm mainly concerned about council 284 00:24:06,799 --> 00:24:14,080 members putting their finger on the funding scale. Um, and obviously I'm 285 00:24:11,520 --> 00:24:17,840 talking about you, Mr. Culy. When our attorney says it's illegal for you to 286 00:24:15,840 --> 00:24:22,480 participate at all and the statute that I read it does seem to, as I read it, 287 00:24:20,080 --> 00:24:26,400 I'm not an attorney. Does make it sound illegal. It didn't look good to me that 288 00:24:25,039 --> 00:24:31,679 you kind of bullied your way and insisted that the attorney was wrong and 289 00:24:28,320 --> 00:24:35,679 you could do it anyway. And so, I guess what I'm 290 00:24:33,440 --> 00:24:38,480 the lawyer clarify. You use terminology that didn't exist. 291 00:24:37,120 --> 00:24:40,960 » It is not illegal. >> Seems to be a trend. 292 00:24:39,440 --> 00:24:47,360 » So, um >> I I will I will I will have our attorney 293 00:24:44,320 --> 00:24:50,159 address that when we when her remarks are done. 294 00:24:48,240 --> 00:24:54,240 » I apologize if I use but it is a statute. So, to me, if you're breaking a 295 00:24:52,000 --> 00:24:59,840 statute, that's illegal, but I'm not an attorney. So, again, I apologize. Um, I 296 00:24:58,000 --> 00:25:03,919 was especially kind of surprised because the leader that spoke for the fire 297 00:25:01,840 --> 00:25:08,159 muster at the meeting said, "If we don't get the funding, it's okay. We'll work 298 00:25:06,240 --> 00:25:12,559 it out." I didn't understand why Mr. Workman who 299 00:25:10,159 --> 00:25:18,240 volunteers for the fire muster claimed that it might go away if they didn't get 300 00:25:15,360 --> 00:25:22,240 $18,000 more on top of the what 150 or whatever we've already given them. I'm a 301 00:25:19,919 --> 00:25:26,480 taxpayer. I'm wondering where fidiciary responsibility comes in on this council. 302 00:25:24,400 --> 00:25:30,960 I don't see a lot of brakes being put on it. And forcing it through when you head 303 00:25:28,799 --> 00:25:36,480 the organization, legal or not, doesn't look good. It 304 00:25:34,159 --> 00:25:40,960 looks like it's my baby. I'm going to make sure I defend it to hell. That's 305 00:25:38,640 --> 00:25:44,080 not what I was told our city's about. But increasingly, I'm beginning to 306 00:25:42,400 --> 00:25:48,640 wonder. Seeing some really ugly behaviors in this council, and I didn't 307 00:25:46,159 --> 00:25:54,080 expect it from you, Dan. And I'd like, for that reason, I'd like this vote not 308 00:25:51,039 --> 00:26:00,720 to occur. I don't It's a statute. I'd like the attorney to address it. If this 309 00:25:56,240 --> 00:26:05,200 was an illegally contrived vote or unethical, I'd like it to be pulled. 310 00:26:04,320 --> 00:26:10,240 » Okay. >> Thank you. 311 00:26:05,600 --> 00:26:15,760 » Thank you. Um Mr. Jared, um would you like to uh address the 312 00:26:13,840 --> 00:26:19,760 remarks that were made with regard to the statute? 313 00:26:17,440 --> 00:26:23,279 » Sure. Um you know, members of the council has my opinion with respect to 314 00:26:21,760 --> 00:26:27,120 the conflict of interest questions. I will say for the for the public um 315 00:26:25,520 --> 00:26:30,400 courts use what's called the lend factors when they look at 316 00:26:28,159 --> 00:26:34,320 non-contractual conflicts of interest. So they look at a various things that 317 00:26:32,320 --> 00:26:37,840 that the council members are then entitled to examine and make their own 318 00:26:36,320 --> 00:26:41,360 determination as to whether or not they feel like they're conflicted. Those are 319 00:26:39,600 --> 00:26:45,520 the nature of the decision being made, the nature of the financial interest if 320 00:26:43,200 --> 00:26:49,919 any, the number of officials who possess interest, the need to have those 321 00:26:47,279 --> 00:26:54,559 officials make the decision, other means of review available which could ensure 322 00:26:51,679 --> 00:26:58,240 officials do not act arbitrarily uh to further their own selfish interests. So 323 00:26:57,120 --> 00:27:02,720 those are the kind of the factors that the courts will look at. Um, again, I 324 00:27:00,880 --> 00:27:07,679 just advise the council and advise individ individual council members on um 325 00:27:05,760 --> 00:27:11,760 the state of the law and those decisions are yours to determine whether or not 326 00:27:09,840 --> 00:27:15,919 you feel like you're conflicted and and obviously council member Keley uh spoke 327 00:27:14,320 --> 00:27:19,919 his opinion at the work session on this topic. 328 00:27:17,760 --> 00:27:22,919 » Okay, very good. Uh, Council Member Schultz, 329 00:27:22,960 --> 00:27:31,039 » uh, I would like to make a motion to approve. 330 00:27:26,799 --> 00:27:36,000 Uh if I may there there's a motion in a second and I would like for council 331 00:27:33,919 --> 00:27:37,840 members to have the opportunity to speak to this item. 332 00:27:37,039 --> 00:27:43,039 » Absolutely. >> Because it is the right of each council 333 00:27:39,919 --> 00:27:49,279 member before anyone calls a question because a now a vote is made and second 334 00:27:46,480 --> 00:27:54,640 and yet we have not given everyone the opportunity to speak and it is their 335 00:27:51,840 --> 00:28:01,360 right to make those remarks. I will accept a friendly amendment to allow 336 00:27:57,919 --> 00:28:05,919 comments by each council member if they so choose. Do I 337 00:28:04,080 --> 00:28:09,840 have a second on a friendly amendment? >> Absolutely. Yes. Thank you. 338 00:28:07,440 --> 00:28:10,799 » Okay. There's a motion and a second. >> All right. 339 00:28:10,399 --> 00:28:15,279 » Yeah. >> Okay. Thank you. 340 00:28:12,240 --> 00:28:18,720 » And now, Council Member Keley, you wanted to make a remark? 341 00:28:17,440 --> 00:28:22,720 » Yes. Um, 342 00:28:20,640 --> 00:28:28,159 point of record, this isn't the first time that our city 343 00:28:24,399 --> 00:28:33,679 attorney has advised any one of us on optics, not the law, optics. It happened 344 00:28:32,159 --> 00:28:39,760 previously. It happened by his predecessor. This goes back many many 345 00:28:37,120 --> 00:28:47,840 years, few decades or so with council members who volunteer their time on an 346 00:28:43,679 --> 00:28:54,000 event that the city um provides public safety and public works for uh 347 00:28:50,240 --> 00:28:57,600 international festival which was um the mayor was very involved in might even 348 00:28:56,000 --> 00:29:02,480 created the event. I mean it's a great event and she has volunteered her time 349 00:29:00,320 --> 00:29:06,640 and made votes related to financial support that the city gives. art and all 350 00:29:04,720 --> 00:29:11,600 that jazz. It's unfortunate that it's not around because it was a great event. 351 00:29:08,960 --> 00:29:16,480 Um, I met my wife at one many, many years ago. Uh, Council Member Gustoson 352 00:29:14,320 --> 00:29:21,840 voted as well. My comments that night were it's really I think the pot calling 353 00:29:19,919 --> 00:29:26,640 the kettle black to say, "Okay, we all did it, but you can't." And I don't 354 00:29:23,679 --> 00:29:30,159 think that's fair. So, I want first I want to thank you for reaching out in 355 00:29:28,640 --> 00:29:34,480 perspective and and sharing your perspective. I I know you're very 356 00:29:32,399 --> 00:29:38,880 engaged and I appreciate that and I do appreciate when residents closely 357 00:29:36,559 --> 00:29:43,279 monitor how public funds and our council decisions are made. I would love it if 358 00:29:41,039 --> 00:29:47,039 this room were full every meeting every Tuesday night because that's an engaged 359 00:29:44,960 --> 00:29:51,520 community. Now, we're on camera so they can you can sit at home and watch it. 360 00:29:49,840 --> 00:29:57,600 I want to address your concern regarding my involvement with the 501c3 361 00:29:54,960 --> 00:30:02,720 Princeville Festival and FireMuster. My role in this organization is entirely 362 00:30:00,720 --> 00:30:07,039 voluntary. I do not receive a salary, a stipend or 363 00:30:05,039 --> 00:30:12,559 any form of personal financial compensation or benefit from the 364 00:30:09,600 --> 00:30:18,080 involvement. Quite the contrary, it takes a few hundred hours of my personal 365 00:30:15,200 --> 00:30:25,919 time to give to it to make the event happen. It also takes a lot of hours by 366 00:30:22,159 --> 00:30:31,840 almost 150 people. It's a very large effort to make that three-day event um 367 00:30:29,520 --> 00:30:37,520 happen each year. And it's not different from any other city. Go to Lakeville, go 368 00:30:35,039 --> 00:30:44,000 to Savage, go to Apple Valley, go to Rosemont, go to Heaggan, our neighboring 369 00:30:39,520 --> 00:30:49,039 cities, anywhere else. A 501c3 non 501c3 nonprofit of a group of volunteer 370 00:30:46,640 --> 00:30:53,200 citizens is at the heart of putting these events on. And in every case they 371 00:30:51,919 --> 00:30:58,320 partner with the city and the city provides an as significant as you have 372 00:30:55,600 --> 00:31:02,480 found with Burnsville amount of public safety and public works to make it work 373 00:31:01,039 --> 00:31:08,000 right because you need streets blocked off. You need police there to make sure 374 00:31:05,039 --> 00:31:15,120 everyone has a safe event. So it is the city is the largest partner of anybody. 375 00:31:12,559 --> 00:31:21,520 Um, under the city's ethics code and state law, a conflict of interest arises 376 00:31:18,159 --> 00:31:27,520 when an official stands to gain a direct personal or private financial benefit 377 00:31:24,799 --> 00:31:32,720 from a vote because my involvement is strictly voluntary and carries zero 378 00:31:29,760 --> 00:31:37,919 financial uh interest. There is no legal conflict of interest and I am fully 379 00:31:35,360 --> 00:31:42,320 qualified and obligated to represent the public on this matter. In local 380 00:31:40,559 --> 00:31:47,200 government, we want council members who are actively engaged in the community as 381 00:31:45,440 --> 00:31:51,279 the mayor was with the international festival, as council member Gustoson was 382 00:31:49,440 --> 00:31:56,720 with the art and all that jazz, as council member Workman has been for many 383 00:31:53,200 --> 00:32:00,399 years with the uh Burnsville festival firebuster, as I was for many years with 384 00:31:58,960 --> 00:32:06,320 the heart of the city race, which was another legacy event by the city. All of 385 00:32:03,600 --> 00:32:11,200 us give our time willfully because we're engaged in the community. And I think 386 00:32:09,440 --> 00:32:16,000 the people, it's true, people do expect us to be engaged in the community. So, 387 00:32:14,159 --> 00:32:21,760 it's a little difficult to be a volunteer and then sit up here and and 388 00:32:19,679 --> 00:32:26,640 have to recuse every single vote that has anything to do with what we 389 00:32:23,039 --> 00:32:30,960 volunteer in. And as I noted, it isn't indicated by law because we're not 390 00:32:28,720 --> 00:32:34,080 taking any personal benefit. >> Can I respond? 391 00:32:31,919 --> 00:32:38,399 » My volunteer work gives me a deep understanding of the organization's 392 00:32:35,600 --> 00:32:43,600 impact on our residents. We had an estimated a very good estimate of 34,000 393 00:32:41,279 --> 00:32:49,679 attendees at the Burnsville Festival in Fire Muster in 2024. A little less than 394 00:32:46,640 --> 00:32:55,279 that last year because rain canceled Thursday, cold winds and 50° Friday, and 395 00:32:53,039 --> 00:33:01,600 three bouts of rain on Saturday. But ultimately, this organization 396 00:32:58,880 --> 00:33:08,000 has come back to life because of so many people getting involved. I'm just one of 397 00:33:04,159 --> 00:33:14,480 those people. It's a huge effort. So I think that helps me make more 398 00:33:11,039 --> 00:33:17,919 informed decisions at this dis. My role in this matter as always was guided 399 00:33:16,480 --> 00:33:23,840 strictly by what is in the best interests of our entire city and this 400 00:33:20,960 --> 00:33:28,399 organ this particular 3-day festival has a 46-year history in this history in 401 00:33:26,240 --> 00:33:36,559 this city. No other event has that kind of depth uh and uh tenure in the city. 402 00:33:32,320 --> 00:33:41,600 So that is what drives my decisions. I think about it very carefully. I 403 00:33:38,880 --> 00:33:47,120 talked to our legal counsel as I did his predecessor in votes that happened years 404 00:33:44,240 --> 00:33:53,120 ago. Same exact situation and I'm sure Council Member Gustoson and the mayor 405 00:33:49,360 --> 00:34:00,159 did as well. And so it's I just want to ask everybody to know all 406 00:33:56,559 --> 00:34:05,600 the facts and understand the history that many of us here are involved in 407 00:34:02,960 --> 00:34:10,480 volunteer efforts that we bring events to the city. We're very proud of all the 408 00:34:08,159 --> 00:34:16,159 festivals that we we bring in this city. It brings a quality of life that I think 409 00:34:12,879 --> 00:34:20,079 is a part of why somebody chooses to live in Burnsville. 410 00:34:18,000 --> 00:34:25,119 We have great houses. We are very good location. We believe we have good 411 00:34:22,240 --> 00:34:31,280 schools and the festivals are a talk of the town. People love when the community 412 00:34:28,159 --> 00:34:35,599 brings folks together with festivals and events like Party on the Plaza, what was 413 00:34:33,919 --> 00:34:39,359 art and all that jazz. What is still the international festival and and what is 414 00:34:37,359 --> 00:34:44,879 the Burnsville festival? So, I think it's all good. 415 00:34:42,079 --> 00:34:50,399 That's all I have to say. Thank you. Can you wait till I have have all and 416 00:34:47,839 --> 00:34:56,079 then I will come back to you? Uh, Miss Gazini. Uh, Council Member Gustoson. 417 00:34:53,599 --> 00:35:00,320 » Thank you, Madam Mayor. Um, I agree that festivals are the fabric of our city and 418 00:34:58,079 --> 00:35:04,160 it brings neighbors together. Neighbors become friends and it's important that 419 00:35:02,160 --> 00:35:07,760 that happens in our community. I do have to set the record straight a little bit 420 00:35:05,359 --> 00:35:12,560 on art and all that jazz though. up until just as we were coming out of 421 00:35:10,400 --> 00:35:17,440 COVID, I recused myself from votes for art and all that jazz, including when we 422 00:35:14,480 --> 00:35:22,320 became a legacy event to begin with and I asked for some money the same year the 423 00:35:19,839 --> 00:35:26,480 fire muster had asked for $10,000 for the fireworks because it was your 40th 424 00:35:24,000 --> 00:35:30,400 anniversary and we were struggling as we were coming out of CO. But that's really 425 00:35:28,960 --> 00:35:35,680 that and the time that we did the $50,000 grant to uh funding for the fire 426 00:35:34,079 --> 00:35:39,119 muster. That's the only two times I actually voted. Nobody ever told me I 427 00:35:37,280 --> 00:35:43,200 should have recused myself in any one of those things. And so I I did that. But 428 00:35:41,520 --> 00:35:46,079 prior to that, I always recused myself and all this art and all that jazz 429 00:35:44,720 --> 00:35:49,520 things that came to the city. In fact, I never brought anything to the city for 430 00:35:47,440 --> 00:35:55,680 art and all that jazz. And the records will definitely show that. Um 431 00:35:54,320 --> 00:36:01,920 there's a couple things I want to say about this particular budget amendment. 432 00:35:58,560 --> 00:36:08,480 One is I I really think we need to uh make a 433 00:36:04,480 --> 00:36:12,560 differenti between public safety commitments that we have to the festival 434 00:36:10,240 --> 00:36:16,000 and private safety that we that that we have to hire 435 00:36:14,480 --> 00:36:19,520 out for the festival. I think they're two different things. I know this I know 436 00:36:18,000 --> 00:36:22,480 this is going to be happening for the next year. We're going to be reviewing 437 00:36:20,800 --> 00:36:24,960 it coming up here sometime toward the end of the year, first part of next year 438 00:36:23,680 --> 00:36:29,359 because we're going to have to for the festival for next year. I'd like us to 439 00:36:27,200 --> 00:36:33,280 be able to talk about all that when we when we bring that forward in the in the 440 00:36:31,200 --> 00:36:38,880 future. The second part I want to remind everybody that 441 00:36:35,280 --> 00:36:45,040 this festival is a 501c3. It's a private festival. It's not a city festival. The 442 00:36:41,839 --> 00:36:51,920 policy is our policy as a sponsor of the festival. It's it's not an entitlement. 443 00:36:48,720 --> 00:36:56,240 It's a it's a sponsorship. And we can't just keep coming back when we need more 444 00:36:53,839 --> 00:37:00,320 money every time. And different circumstances require different things 445 00:36:58,160 --> 00:37:04,960 from the fireworks and a couple years ago to the $50,000 cash. And I 446 00:37:03,599 --> 00:37:09,040 understand there were there were issues raising money and I get that. And then 447 00:37:07,119 --> 00:37:14,480 now there's current thing with with the private security that has to be hired 448 00:37:10,880 --> 00:37:19,440 for it. And so for that reason alone, I think I I know I'm going to be voting 449 00:37:16,880 --> 00:37:23,599 no on this budget amendment on it, but I do look forward to having us have this 450 00:37:21,839 --> 00:37:27,359 conversation going forward about our legacy festivals and how we're going to 451 00:37:25,520 --> 00:37:32,560 deal with them in the future. And I really want to kind of separate public 452 00:37:29,760 --> 00:37:38,160 safety from private security as who's responsible for that. And I and I don't 453 00:37:34,560 --> 00:37:42,400 think the city is. With that, I'll pass. >> Council member Schultz. 454 00:37:40,320 --> 00:37:47,680 Uh so I will be voting yes on this. And just to reiterate why I'm voting yes on 455 00:37:44,320 --> 00:37:55,839 this, uh we're voting yes for one year. Um the city is the one that through our 456 00:37:52,880 --> 00:38:01,680 first responders is placing the additional burden 457 00:37:58,240 --> 00:38:07,280 of security on the festival. Um this is not the festival deciding out of the 458 00:38:04,320 --> 00:38:13,200 blue through their own initiative that certain levels of security are needed. 459 00:38:09,760 --> 00:38:20,960 um this is the city telling the festival this really needs to happen. Um and so 460 00:38:16,960 --> 00:38:26,079 when government tells an entity that something needs to happen, like I'm not 461 00:38:23,839 --> 00:38:29,280 a big fan of unfunded mandates. I don't like them in our schools and I don't 462 00:38:27,359 --> 00:38:36,160 like them in this and I see them as very comparable. Um, 463 00:38:32,800 --> 00:38:42,800 however, I also think that we have a problem with the vagueness in our policy 464 00:38:39,920 --> 00:38:49,040 and I pointed that out when we discussed this in our work session. I I was 465 00:38:45,839 --> 00:38:53,440 hopeful and I am hopeful um that we can take that up because I don't think this 466 00:38:51,040 --> 00:38:59,839 will be the first time we see this. Um, I think we'll see this with other other 467 00:38:56,320 --> 00:39:10,240 festivals um in our city. And the issue is that we have some vagueness in in our 468 00:39:04,160 --> 00:39:15,520 policy. And so I would like the um Burnsville Festival to have a year to 469 00:39:13,119 --> 00:39:23,040 figure things out for themselves, but I also think that the city uh needs the 470 00:39:18,800 --> 00:39:31,520 year to be able to reook at that policy and tighten the language up so that it's 471 00:39:25,760 --> 00:39:38,400 more clear and more defined. So let's do it. Council member Burkeman. 472 00:39:36,000 --> 00:39:43,440 » Thank you. I'm in support of this as well for one year. Um as Cara Schultz or 473 00:39:41,440 --> 00:39:49,119 Council Member Schultz stated, um this is a requirement coming from public 474 00:39:45,839 --> 00:39:54,560 safety. Um I'm fine doing this for one year so we can hash out everything 475 00:39:52,160 --> 00:40:00,000 that's been said from distinguishing public safety um and private security 476 00:39:57,920 --> 00:40:03,440 and so on. The festival is already losing the carnival um this year, which 477 00:40:02,160 --> 00:40:08,000 I think is going to make a pretty significant impact. Um 478 00:40:06,480 --> 00:40:13,280 and like I already said in the work session, um 479 00:40:10,320 --> 00:40:16,560 this is our longest standing festival. I understand we're not just going to 480 00:40:14,400 --> 00:40:21,680 continue to throw money at it uh just to keep it alive, but this is new territory 481 00:40:20,000 --> 00:40:24,480 for the festival. Um this isn't something we've discussed previously. 482 00:40:23,040 --> 00:40:30,880 It's not like we're paying for fireworks or live music. this is a security thing, 483 00:40:26,560 --> 00:40:35,599 which is why I'm a little bit more um okay with this. Um so with that said, 484 00:40:34,000 --> 00:40:40,960 I'm I'm fine with it for this year, but we do need to go back and tighten up a 485 00:40:37,280 --> 00:40:47,680 lot of things in the next 12 months. Thank you, uh council members for all of 486 00:40:43,680 --> 00:40:52,880 your remarks. And um I appreciate the work that goes into community events 487 00:40:50,320 --> 00:40:57,200 like the Burnsville Festival and Fire Muster and the International Festival. 488 00:40:54,640 --> 00:41:02,000 and when we had art and all that jazz. And yes, 489 00:40:59,040 --> 00:41:08,640 it is good for all of us to be engaged in our community and to be 490 00:41:06,400 --> 00:41:15,760 proponents of things that enrich the lives of our community. However, 491 00:41:12,240 --> 00:41:20,720 when we are engaged in these events, I have voted against 492 00:41:18,319 --> 00:41:28,960 the amount of money that we give to the legacy. So my 493 00:41:25,839 --> 00:41:34,440 position has been consistent all along. I do not support the city 494 00:41:35,119 --> 00:41:43,440 contributing money to festivals because I think that's a 501c3. 495 00:41:40,480 --> 00:41:49,119 It is the responsibility of that organization to raise the money to make 496 00:41:45,440 --> 00:41:54,079 the festival a reality and to meet what it is that they want the festivals to 497 00:41:51,520 --> 00:41:59,760 look like. So I have never come to the city in my capacity 498 00:41:57,520 --> 00:42:05,119 uh as a volunteer uh at the international festival to ask 499 00:42:02,480 --> 00:42:11,599 for money for the festival. I have voted against the legacy funds 500 00:42:08,160 --> 00:42:17,960 because I believe that that is the responsibility of those 501c3 501 00:42:14,960 --> 00:42:17,960 organizations. 502 00:42:18,000 --> 00:42:27,280 The festivals and the events matter to our residents, but this request and 503 00:42:24,240 --> 00:42:34,599 other requests that ask for our taxpayers to cover that kind of money, 504 00:42:30,560 --> 00:42:34,599 like tonight it's $17,74923 505 00:42:36,400 --> 00:42:44,960 in private security cost that were not budgeted and would require us to amend 506 00:42:42,880 --> 00:42:51,280 the general fund. When we amend the general fund, that 507 00:42:47,280 --> 00:42:56,880 means that it's going to take money away from some or some some department within 508 00:42:54,079 --> 00:43:03,119 the organization because the budget is already set. 509 00:42:59,520 --> 00:43:09,440 And our residents expect tax dollars to support public safety, public works, 510 00:43:06,480 --> 00:43:14,400 parks, and community assets and responsible stewardship. and for us to 511 00:43:11,839 --> 00:43:21,599 be good responsible stewardships of their money, not private operational 512 00:43:17,920 --> 00:43:26,079 expenses for nonprofit events. That's my belief. 513 00:43:23,359 --> 00:43:30,720 And so I've not voted for any of that. So tonight, I'm not going to be voting 514 00:43:28,319 --> 00:43:36,640 for this because nonprofits and businesses have the responsibility to 515 00:43:33,440 --> 00:43:44,720 raise the funds needed to deliver their mission and what their outcome is for 516 00:43:40,960 --> 00:43:52,720 that event. Shifting private security costs to taxpayers sets a precedent that 517 00:43:49,440 --> 00:43:58,480 I cannot support. And for that reason, I will be voting against this like I have 518 00:43:55,680 --> 00:44:05,760 in the past in all the other uh requests that have come before the city because I 519 00:44:01,599 --> 00:44:12,160 believe that our residents are asking us to be good stewards of their money. And 520 00:44:08,720 --> 00:44:17,520 when we work hard on the budget, because we start in February and we go through a 521 00:44:15,440 --> 00:44:22,720 very transparent process that allows everyone in the city 522 00:44:20,560 --> 00:44:28,000 to understand how we're going to be spending the public's money, the 523 00:44:25,920 --> 00:44:33,280 residents and business money in this community. 524 00:44:29,920 --> 00:44:40,400 And when it is set, it is set. And tonight we're asking our 525 00:44:37,119 --> 00:44:43,839 city manager and our staff to amend this budget. Now, I don't know where this 526 00:44:42,079 --> 00:44:47,920 money is going to come from, but I understand it's going to be out of the 527 00:44:45,839 --> 00:44:52,240 general fund, but out of that general fund, I can tell you that it's coming 528 00:44:50,400 --> 00:44:56,359 out of some department that's going to be losing some of that money. 529 00:44:56,960 --> 00:45:06,640 And so, I am voting against this just as I have in the past. It is the 530 00:45:03,280 --> 00:45:11,920 responsibility of all 501c3s that are legacy events within the 531 00:45:08,960 --> 00:45:18,720 community of Burnsville. Raise the money if that's what you want to do uh with 532 00:45:14,800 --> 00:45:26,000 regard to your events. Raise the money. The 501c3s that I belong to, 533 00:45:23,599 --> 00:45:33,200 like the community foundation or the police uh and fire foundation, we bring 534 00:45:30,000 --> 00:45:39,241 money to the city. We're not asking for the city to pay any of that. We bring 535 00:45:36,480 --> 00:45:44,079 money to the city. [snorts] That's what I believe. I'm 536 00:45:41,839 --> 00:45:50,640 going to be raising money to help make the city uh events 537 00:45:47,760 --> 00:45:53,640 uh a success, not coming out of the taxpayers. 538 00:45:54,319 --> 00:46:02,000 » Council member Keely, >> two things real quick. uh your last 539 00:45:58,240 --> 00:46:06,560 point about um the wonderful police and fire foundation. That event doesn't 540 00:46:04,720 --> 00:46:12,319 happen in the city of Burnsville. It happens actually in Lakeville. So, uh it 541 00:46:09,839 --> 00:46:17,920 wouldn't be gerine to this discussion. Number two, you mentioned um this is 542 00:46:16,079 --> 00:46:23,920 going to take money from another department. City Manager Lindberg, would 543 00:46:20,160 --> 00:46:30,160 you please uh enlighten everyone on the current unallocated balance in the 544 00:46:27,040 --> 00:46:34,160 city's general fund uh sources and whether this is going to quote, as the 545 00:46:32,079 --> 00:46:37,160 mayor put it, take money from another department, 546 00:46:37,200 --> 00:46:43,040 » city manager Lindberg, >> Madame Mayor, members of the council, is 547 00:46:40,800 --> 00:46:47,520 is reflected in the background information provided to you. a budget 548 00:46:45,359 --> 00:46:51,040 amendment. Uh the budget amendment in front of you uh is to increase 549 00:46:49,520 --> 00:46:57,920 expenditures in the general fund operating budget. Um that's related uh 550 00:46:54,960 --> 00:47:04,240 the staff recommendation is related to um the the policy of legacy events in 551 00:47:01,839 --> 00:47:11,599 the definition of basic city services. Um so the request in front of you is for 552 00:47:07,359 --> 00:47:18,720 uh event security related to operating expenses. um uh the funds uh or the 553 00:47:15,920 --> 00:47:23,520 revenue side would be through available general fund balance. 554 00:47:20,560 --> 00:47:28,880 » Okay. And um to clarify, council member Keley, the Burnsville Police and Fire 555 00:47:26,000 --> 00:47:33,680 Foundation is a Burnsville Police and Fire Foundation 556 00:47:30,800 --> 00:47:39,280 that is through its declaration >> and address is Burnsville, not 557 00:47:36,240 --> 00:47:42,480 Lakeville. It just doesn't have a an event that happens in the city of 558 00:47:40,640 --> 00:47:49,119 Burnsville and it's not a legacy. >> We're using using the brackets crossing 559 00:47:46,160 --> 00:47:52,400 because they have a a golf course in Lakeville. We don't have an 18hole golf 560 00:47:52,160 --> 00:47:55,359 course, >> but it's also not a legacy event. So, 561 00:47:53,920 --> 00:47:58,800 it's not >> But the thing is the the purpose of my 562 00:47:57,200 --> 00:48:03,920 remarks is that I belong to organizations that bring money to the 563 00:48:00,720 --> 00:48:09,680 city, not take money from the city. All right. Um, Miss Grazini, I'll give you 564 00:48:07,520 --> 00:48:12,720 one more time, but please keep your your comments short. 565 00:48:10,560 --> 00:48:17,359 » I will I will do that. I just want to uh respond to some claims that were made. 566 00:48:14,960 --> 00:48:22,800 Um, I think your semantics is might be a little misleading, Dan. Um, the statute 567 00:48:20,240 --> 00:48:27,040 treats officers of 5013C's differently than it treats just general volunteers, 568 00:48:24,960 --> 00:48:30,160 even if you're a volunteer officer. My understanding is you are a vol you are 569 00:48:28,880 --> 00:48:34,559 officer. >> Okay. So, that's different. Um, 570 00:48:33,839 --> 00:48:38,880 » are you >> It appears unfair in that case. Let me 571 00:48:36,640 --> 00:48:42,720 finish. Can you stop interrupting me kindly? 572 00:48:39,760 --> 00:48:46,720 » Well, I just you're you're you jump to legal situations. 573 00:48:44,400 --> 00:48:50,319 » Absolutely. I do because legal matters. >> Well, and you said you're not a lawyer. 574 00:48:48,640 --> 00:48:53,119 I think we need a lawyer to weigh in on this. 575 00:48:50,720 --> 00:49:00,880 » Council member Keely, it is respectful to give um Miss Gazini her time and then 576 00:48:57,040 --> 00:49:05,440 I am going to go to Mr. Sheepard. Mayor, just if I may, really quickly, um 577 00:49:03,839 --> 00:49:10,160 just to let the council know where we are procedurally, we had a a motion and 578 00:49:07,920 --> 00:49:12,960 a second and we had a friendly amendment to allow discussion of the council. 579 00:49:12,079 --> 00:49:17,040 » Yeah. Yes. >> So, we're we're really outside of the 580 00:49:15,200 --> 00:49:20,800 public comment section of this. We're we're we're back to the council. So, 581 00:49:18,640 --> 00:49:24,000 that's where we're at in terms of the You have a a motion and a second in 582 00:49:22,800 --> 00:49:27,680 front of you. [snorts] >> Thank you, Mr. Sheepard, for the 583 00:49:25,359 --> 00:49:32,720 clarification. So, Miss Gazini, according to Robert's rules and where 584 00:49:30,559 --> 00:49:38,974 we're at, you are outside of that request. So, 585 00:49:36,720 --> 00:49:41,440 perhaps in a different environment, [snorts] you can cl make your 586 00:49:40,559 --> 00:49:45,680 clarifications. >> I will do that. 587 00:49:42,319 --> 00:49:51,839 » So, thank you so much. Okay. If the clerk can then take the 588 00:49:49,200 --> 00:49:56,880 role because there has been a motion and a second and the friendly amendment was 589 00:49:54,319 --> 00:50:00,480 accepted. So, if the clerk could please take the role. 590 00:49:58,240 --> 00:50:02,240 » Keely, >> yes. 591 00:50:01,440 --> 00:50:04,480 » Estiffson, >> no. 592 00:50:03,599 --> 00:50:06,240 » Schultz, >> yes. 593 00:50:05,520 --> 00:50:07,760 » Workman, >> yes. 594 00:50:07,119 --> 00:50:12,400 » Couts, >> no. 595 00:50:10,160 --> 00:50:17,599 And um thank you and the clerk and everyone has 596 00:50:14,800 --> 00:50:23,280 the division of the house. And then I thank everybody for their uh input into 597 00:50:20,880 --> 00:50:26,720 this particular item and members of the council. There are no other items to 598 00:50:24,880 --> 00:50:28,640 come before us this evening and a motion to adjourn is in order. 599 00:50:28,079 --> 00:50:30,720 » So moved. >> Second. 600 00:50:29,200 --> 00:50:35,359 » There's a motion and a second. All in favor, please say I. I. Oppose. Say nay. 601 00:50:33,280 --> 00:50:40,920 And the motion carries. Thank you for being with with us and have a good 602 00:50:37,920 --> 00:50:40,920 evening.