This transcript has been formatted with the correct speaker names based on the context provided and the official roles within the Burnsville city government. *Note: Timestamps are estimated based on a standard meeting pace starting at 5:30 p.m.* *** **[00:00:00] Elizabeth Kautz:** Good evening, ladies and gentlemen. It is now 5:30 and I will call this regular meeting of the Burnsville City Council to order. It is our tradition to stand for a moment of silence followed by the pledge of allegiance and we invite you to join us. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. **[00:00:35] Elizabeth Kautz:** The clerk would note that council member Kealey is absent. It's good to see members of our community present this evening in person. Um, members of our community may also choose to watch the meeting on Burnsville.gov, mn.gov, uh, meetings or Comcast channel 16 or 859. And the public can also participate through Zoom by joining us at zoom.us/join. More information is available on the um meetings web page and in the council agenda packet. **[00:01:10] Elizabeth Kautz:** The first item on the agenda is announcements and proclamations. Our announcements have to do with all of our upcoming meetings. Regular council meetings are scheduled for Tuesday, March 3rd at 5:30 p.m. The March 17th meeting is moved to um March 24th, uh a Tuesday at 5:30 p.m. due to members of the city council attending the NLC conference. We have a work session that's scheduled for Tuesday, February 10th at 5:30 p.m. We have a joint session with ISD 191 board members on Tuesday, February 24th at 6:00 p.m. And that meeting is going to be at the AIM Center. We have a budget work session that's scheduled for Tuesday, March 24th at 6 PM. All meetings of the city council are held here in the chambers unless I uh let you know that it's going to be at a different location. **[00:02:15] Elizabeth Kautz:** And then tonight we have one um proclamation and I will do it from that side. Members of the council and community of Burnsville, we have one proclamation this evening and that's for Public Safety Memorial Day, February 18th, 2026. Whereas on February 18th, 2024, three heroes died in the line of duty to save the lives of seven children while responding to a domestic situation. And whereas police officer Paul Elmstrand, police officer Matthew Ruge, and firefighter-paramedic Adam Finseth all paid the ultimate sacrifice while keeping our community safe. Whereas this date, February 18th, will forever live on in Burnsville as a day of remembrance of our fallen heroes and their families. And whereas we will honor and salute our first responders for their bravery and commitment to keeping Burnsville safe. Now therefore, be it resolved that I, Elizabeth Kautz, on behalf of the city council, do hereby proclaim February 18th, 2026 to be Public Safety Memorial Day in the city of Burnsville. In honor of our fallen, the city flag will be flown at half-mast and the city will have a memorial displayed at City Hall on February 18th for the community to remember and pay their respects to our heroes proclaimed this 17th day of February, 2026. And receiving the proclamation is our chief of police, Tanya Schwartz, and our fire chief, B.J. Jungmann. **[00:04:10] Tanya Schwartz:** Thank you, Mayor. **[00:04:12] B.J. Jungmann:** Thank you. Thank you. Thank you. **[00:04:15] Elizabeth Kautz:** I'm sorry. The first um the second item on the agenda is citizens comments. This is the opportunity for anyone that would like to address the council on an item that is not on a printed agenda and not an application form that will be coming before us at a future date. And I see that we have um Miss Deborah Mankey who would like to speak at citizens comments. Mrs. Mankey and all we need from you is your name and the city. We're not having you give us your address for the record. You can give that to the clerk afterwards just so we have the information, but you don't have to put it out on on TV. **[00:05:00] Deborah Mankey:** Okay, that's good. All right. My name is Deborah Mankey. Um, I'm a resident of Burnsville for probably over 25 years. Um, so is that what I needed to do? Okay. **[00:05:15] Elizabeth Kautz:** Yeah. **[00:05:17] Deborah Mankey:** So, um, as my concern is for, um, safety and I had come across, um, uh, Minnesota Mayors’ Alliance coalition for safety over partnership and was wondering if, um, our city is included in that um, with that and it's providing um, with the with the operation metro serve that was um, brought into uh reign of terror on our city, on our state. Um I was wondering if we were going to be listed as cities as part of that and I know that Mayor, thank you. You have been going around as collectively for um getting a voice for all the mayors to bring to um Congress. So, the person that um got this started and has almost 12 cities listed on that, her name is Kayla Drake. Um and um I do have her number. I don't know if you're interested in that, but that is a concern. They've started this coalition for mayors with all these cities. And um I'm thinking well we should have that because things are being done it it can't just be um separate voices and as you were saying it has to be done one voice but one voice can make that ripple into um as a drop goes into the water it's ripples out. Um, being a part of uh being a part of working with keeping our neighborhoods in our community safe was very important to me. I've had conversations with Dan. Um, I had conversation with Mayor Kautz. Um, ICE has has totally disrupted everything. And if anybody doesn't believe that it hasn't, they're wrong. It has. Um, I get up. I help kids get to school safely. I help watch over this. And and that's why I was concerned with maybe getting an alliance on this because I don't want to see anything that has to do with ICE being built, a detention center built or anything because we have the First Amendment to voice um our concerns over this horrible, horrible administration coming into our cities and disrupting it. Disrupting it, you know, and for nobody to pay attention to that is wrong. I I just don't agree with that. And having a coalition maybe might help bring this together and being more involved in it. Um, so I'm not sure where where you're standing on that, but when I saw this and I actually called um Kayla Drake and she says, "We're working very hard to get these in these um metro cities." Well, how about in the suburban cities? You know, how about bringing that to suburban because ICE is going to be very, very sneaky right now. They're still bringing in vehicles. They're still they're going to have uh ICE as undercover and they're going to sneak into our cities going out into the smaller districts where they have not mobilized. And we need to mobilize and help our neighbors mobilize. And just as a, you know, because we're all one, we're all communities, you know, we're concerned with this and everybody should be concerned with this. Everyone, not just not just Mayor Kautz or the city council, but everybody on the city council and not to have to be forced to make a ordinance to keep ICE out of our um parks and our city places. They need to be out of our our students spaces. I mean, we had to have a guy go down from ISD 191 and go and get talk to ICE, get out of these the school parking lot at uh Vista View. And you know what the ICE agent said? I don't have to. I can do whatever I want. Well, this is not the democracy. This is not the um place where we we said a pledge of allegiance. The pledge of allegiance is for everybody. We the people. We're not crazy. I had a I was trying to talk with the um sheriff and that's with getting our police department to work with us more on that, placing him in the hot spots. Uh the sheriff thought that we're just playing games. That's what he said. "Oh no, you guys are just playing games out here when you're protesting." It's not a game. ICE is not a game. The division that the Republicans and the Democrats are experiencing is not a game. These are our lives. These are our communities. And that's what I hope that we can as a community bring together and come up with different ideas on that and not be so stuck in, you know, with what the Republicans want to do, you know. It it it's just unreal. I'm sorry. I am a Democrat, but I am for the democracy and I'm fighting very hard for that. So, that's my— **[00:10:45] Elizabeth Kautz:** Thank you so much for coming and sharing your thoughts. So, I want you to know that um we were invited. What you're talking about is the um Mayor’s Alliance and this is uh mayors in uh Hennepin County. Uh our City Manager Gregg Lindberg, myself and our Police Chief attended the meeting. What we wanted to do was to be Burnsville focused and I want you to know that our staff and many of us are doing one-to-one connection with our people who are who have been impacted or our businesses. So, when I hear about a business or uh a family that's been impacted, we make those person-to-person contacts. Why? Because it's more important for them to see us rather than to just sign something and be uh a part of something that is focused on one county. So, you said, "What about the suburbs?" We all do things differently, but we're all doing something. So, I want you to understand that on a national level, I am part of the US Conference of Mayors, and what we're doing is getting the collective of the whole. And since December, the US Conference of Mayors signed a letter to Congress and also put out a statement to de-escalate immigration and customs agent activities in cities in Minnesota and throughout the country. So when you have a collective of the whole and going to Congress because Congress has to do their work to reform immigration and to also look at ICE activity and what they can do different. So we're working with Congress and if they can pass a bill that goes into the Senate and the Senate passes it, then the president needs to sign it. Unless he vetoes it, then it has to go back to the Senate to get a supermajority to override it. But the thing is, if we want change, then it has to go through the proper channels that will affect change. We can all do everything. And I can tell you that in Burnsville, we care about our community because we know that people are being impacted and they are citizens of our community. They are legally here. They work and they have their documents. But yes, there may be people who are here illegally. So the thing is there is a proper way to go through all of that and that's what we continue to work towards. But I want you to know that we care about the safety of our community and our people. We care about each and everyone because our immigrant community makes up the fabric of who we are here in Burnsville. We accept and acknowledge that we are an international community. So, please know that we are all doing something. It may be not in the news, but we are Burnsville focused. **[00:13:40] Deborah Mankey:** Thank you. **[00:13:42] Elizabeth Kautz:** Thank you. So, I have Andrew Schmidtz. Are you interested in an item that's on the agenda or an item that is not on the agenda? You have come to the podium because you didn't put down what item you were interested in. Yeah. So, are you interested in citizens comment or is— **[00:14:05] Andrew Schmidtz:** I'm here for number 5A in the regular agenda. **[00:14:10] Elizabeth Kautz:** Ah, okay. When that item comes up, I will call on you. Thank you. Is there anyone else who wishes to speak that didn't sign um on citizens comments or on an item that is on the printed agenda? **[00:14:25] Mitch:** Citizens comments. **[00:14:27] Elizabeth Kautz:** Okay, please. And then you'll have to give me your name and your resident, but you don't have to give the address. Well, it's good to see you again. You were here last meeting. Um, this time what I wanted to kind of focus on was— **[00:14:40] Elizabeth Kautz:** You want to just give your name? We just need it for the record and then and just say that you're a resident of Burnsville. **[00:14:48] Mitch:** Uh, my name is Mitch. Um, and I'm a resident of Burnsville. And what I wanted to ask is if uh I'm I was made aware of something called the local affordable housing aid and that Burnsville is on the list of eligible cities and Dakota one of the eligible counties. Okay. Um, is there something that the city has to do to make those funds available or is it something that the— **[00:15:15] Elizabeth Kautz:** I'm going to have our Community Development Director and Deputy City Manager [Jeff Thompson]—he and his staff will connect with you and give you the information you need. **[00:15:25] Mitch:** Okay. And that way I can bring it back to you know my neighbors who obviously have not been able to go to work in almost two months. **[00:15:35] Elizabeth Kautz:** Okay. Very good. And um they'll make sure that you get the information you need. **[00:15:40] Mitch:** Sure. Thank you so much. **[00:15:42] Elizabeth Kautz:** Okay. Anybody else? Seeing no one, we will move on. The next item is additions to the final agenda and this is for emergency items only. City Manager Lindberg, are there any emergency items? **[00:15:55] Gregg Lindberg:** Nothing from staff, Mayor. **[00:15:58] Elizabeth Kautz:** Members of the council? Okay, we will move on to the consent agenda. The consent agenda is a group of items that's considered to be routine and will be enacted by one motion. However, an item on the consent agenda can be removed for a separate discussion and vote. Is there anyone in the audience who wishes an item on the consent agenda to be uh pulled for a separate discussion and vote? Mrs. Collins, anyone? **[00:16:30] Macheal Collins:** Madam Mayor, no. Uh there is no indication online. **[00:16:35] Elizabeth Kautz:** Okay, very good. City Manager Lindberg? **[00:16:40] Gregg Lindberg:** Not from staff. **[00:16:42] Elizabeth Kautz:** Members of the council, may I have a motion to um adopt the uh consent agenda please? **[00:16:48] Cara Schulz:** So moved. **[00:16:50] Vince Workman:** Second. **[00:16:52] Elizabeth Kautz:** There's a motion and a second. All in favor, please say Aye. **[00:16:55] Council Members:** Aye. **[00:16:57] Elizabeth Kautz:** Oppose say Nay. And the motion carries. Thank you. We now move on to item uh 5A. And this is a public hearing. And this is to approve the on-sale intoxicating liquor and Sunday license for Minnesota Bar Ops doing business as Muddy Chicken, 3120 Highway 13 West. Presenting this evening is our Deputy City Clerk, Erica Henderson. Mrs. Henderson, the floor is yours. **[00:17:25] Erica Henderson:** Thank you. Good evening, everyone. So, Minnesota Bar Ops are the new owners of Muddy Chicken located at 3120 Highway 13 West. They've submitted an application for an on-sale liquor license and a Sunday license. Uh, Burnsville PD has uh conducted their background check and nothing was found to deny their license. Uh, city code does require public hearing for all new liquor licenses. **[00:17:55] Elizabeth Kautz:** Okay. Is there any question for Mrs. Henderson? Okay. They're just keeping the name Muddy Chicken even though it's a different entity. **[00:18:05] Erica Henderson:** Correct. **[00:18:07] Elizabeth Kautz:** Okay. So, it'll still be the Muddy Chicken. Okay. Thank you. This is a public hearing. Is there anyone who wishes to speak to this item? Anyone who wishes to speak to this item, Mrs. Collins, anyone online? **[00:18:25] Macheal Collins:** No one online has indicated they'd like to speak. **[00:18:30] Elizabeth Kautz:** Okay. Seeing no one, I will close the public hearing. Members of the council, your pleasure. **[00:18:35] Dan Gustafson:** Move to approve. **[00:18:37] Cara Schulz:** Second. **[00:18:40] Elizabeth Kautz:** There's a motion and a second. All in favor, please say Aye. **[00:18:43] Council Members:** Aye. **[00:18:45] Elizabeth Kautz:** Oppose, say Nay. And the motion carries. Thank you so much. **[00:18:50] Elizabeth Kautz:** The next item is item 5B. And this is to approve a conditional use permit for RootKind Holdings LLC for a cannabis microbusiness at 3200 Highway 13 West. Presenting this evening is our Planning Manager, um, Mr. Mike Marosa. Mr. Marosa, the floor is yours. **[00:19:10] Mike Marosa:** Good evening, Mayor and Council. The subject property is located just in the north of Front Road, north of Highway 13 West. Um, building is currently vacant. Um, the proposed tenant will be located in this unit on the end here. If I can just use my laser pointer, this unit right here. Um the subject site is zoned um gateway heavy and heavyway district and um all retail uses require CUP in this district. So such as this cannabis use, tobacco, and um liquor would also require a conditional use permit. So, a little background on the proposed use. The this one's a little unique when we get to these cannabis uses as the CUP review process focuses on the land use and psychopatibility while acknowledging that cannabis uses are largely regulated by the state of Minnesota. Uh the proposed cannabis retail use will operate under the name Chillwater Cannabis Shop and be owned and operated by Prairie Wind Herb LLC. Um, the proposed retail use will exclusively sell cannabis retail products to customers over the age of 21 pursuant to Minnesota State Statute 342. So, um, the tenant space will consist of secure reception area where retail sales will occur with restricted access to product storage, staff training areas, and other staff areas. The proposed use will be open seven days a week. Um and then the hours operation will fall under Minnesota state statute and then it'll have about five to six employees on site at any given time. Odor suppression or mitigation will provide very clean leaf air filtration system which will bring the site in compliance with any city and state requirements of odor. This item was before the planning commission at their January 26, 2026 meeting. The item was approved four to one. Commissioner Hamilton was the dissenting vote with concerns about other potential cannabis uses on site. Commissioner Long voted in favor, but stated that um future cannabis uses on site would affect future CUP compliance. Now, a little background about that. At the application stage, the narrative that was submitted, the applicant intended to purchase the property and convert the whole facility into numerous uh multi-tenant cannabis facility that will—each use would support a different role in the cannabis supply chain. There'll be about four tenants on site. All there would be a retail as one in front of us, a cultivation application we currently have in, and then two other cannabis users. However, since the planning commission meeting, the applicant has informed staff that they will no longer be purchasing the building, which makes Commissioner Hamilton's concern about multiple users there moot. Uh the current property owner will remain control of the property and supports a limited number of cannabis uses. Again, this could change in the future, but right now, um there's only be two cannabis uses on site: the application before you tonight, and then one we're currently reviewing for that's purely um it's a cannabis microbusiness for cultivation only where they'll be growing and producing a product on site that will come before planning commission and this body at a future meeting. With that um the recommendations on the screen—staff recommends that the city council approve the conditional use permit for Prairie Wind Herb Co. LLC to operate a cannabis retail establishment at 3200 Highway 13 West subject to conditions of approval. I stand for any questions and I believe the applicant's here as well. **[00:23:45] Elizabeth Kautz:** Okay, Mr. Marosa. Um so this is the retail portion of it. Is the use that's going to come uh in the future—that’s grow and manufacture—and that's when the scrubbers will come into place? **[00:24:00] Mike Marosa:** Correct, Mayor. Um both uses will have to have some kind of air handling systems but the other one will have more intense air handling due to the manufacturing and growing product on site. This use in front of us tonight will have some ventilation as they store the product on site but not as much as the future use that we'll be reviewing at a later date. **[00:24:25] Elizabeth Kautz:** Okay, very good. Any questions for Mr. Marosa? **[00:24:30] Dan Gustafson:** Shouldn't be a supply chain issue. **[00:24:33] Elizabeth Kautz:** Yeah, it's right uh right across. Okay. Uh thank you. Um I believe—Mr. Schmidtz, you wanted to talk to this item? Is this the item? Okay. You didn't—okay. Which item did you want to speak to? **[00:24:50] Andrew Schmidtz:** I was here for 5A. **[00:24:52] Elizabeth Kautz:** Oh, for—oh, you were here for 5A and and you didn't want to speak? Okay. **[00:24:58] Andrew Schmidtz:** Yeah, it it went very quickly. **[00:25:00] Elizabeth Kautz:** Okay. So, you're all you're all good. **[00:25:02] Andrew Schmidtz:** It was approved. **[00:25:04] Elizabeth Kautz:** Okay. Yeah, it's always good when it's moving along and you already got got approval. You're good. Pardon me. Yeah. Yeah. Okay. Anyone who wants to speak to this item? Okay. No one. Members of the council. Your pleasure. **[00:25:25] Vince Workman:** Move to approve. **[00:25:27] Cara Schulz:** Second. **[00:25:30] Elizabeth Kautz:** There's a motion and a second. All in favor, please say Aye. **[00:25:33] Council Members:** Aye. **[00:25:35] Elizabeth Kautz:** Oppose say Nay and a motion carries. Uh so the client—you said the client is here. Well, you got it. Okay. Very good. Uh members of the council, there are no other items to come before us this evening and a motion to adjourn is in order. **[00:25:55] Dan Gustafson:** So moved. **[00:25:57] Cara Schulz:** Second. **[00:26:00] Elizabeth Kautz:** There's a motion and a second. All in favor, please say Aye. **[00:26:03] Council Members:** Aye. **[00:26:05] Elizabeth Kautz:** Oppose say Nay. And the motion carries. Good night and thank you for being with us.