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 tonight's meeting is being conducted both in person and online and the public can join us by going to burnsvillemnn.gov meetings or view us on comcast channel 16 or 859 the public can also participate through zoom by joining us at zoom dot us slash join and more information is available on our meeting webpage and in the council agenda packet the next item is announcements about upcoming meetings and then we have two proclamations this evening all of our meetings are held here in the council chambers unless it is noted that it's going to be in another location we have regular council meetings scheduled for tuesday may 3rd at 5 30 tuesday may 17th at 5 30 and a work session that's scheduled for tuesday may 10 at 5 30 pm we have a special work session that's scheduled for tuesday april 26 at 5 30 p.m and that meeting is going to be downstairs in the dakota b room and so the first proclamation this evening is for earth day in arbor day april 29 2022 whereas burnsville has taken great pride in the quality of our natural environment including the beautiful shade trees and native plants that provide many essential services to the community and enrich our lives in many ways and whereas the city of burnsville sustainability plan lays out the foundation for the city's continuing sustainability efforts and addresses preservation and expansion of tree resources and whereas we need to practice safe environmental approaches in managing our forest lakes wetlands and open spaces and whereas burnsville promotes development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment the purpose of the earth day arbor day celebration is to emphasize the importance of preserving our natural environment through sustainable activities such as recycling waste reduction and resource conservation burnsville recognizes need to protect and preserve the beauty of our community by promoting good stewardship of our natural resources for future generations now therefore be it resolved that i elizabeth coutts mayor of the city of burnsville on behalf of the city council do hereby proclaim april 29 2022 as earth day and arbor day in the city of burnsville in celebration the city hosts an annual community tree sale at the end of april we encourage the com community to participate in the tree sale and to learn more online at www.burnsvilleman.gov proclaimed its 19th day of april 2022 the next proclamation is tourism awareness week whereas tourism and hospitality has been the foundation of a healthy workforce serving as one of the largest private sector employers in the u.s supporting close to 15 000 dakota county jobs in 2020 and whereas leisure and hospitality in minnesota is a 11.7 billion dollar industry employing more than 205 uh thousand people in 2020 generating 731 million dollars in state sales tax and whereas the past two years the coronavirus pandemic devastated every sector of the travel industry and staggering declines in 2021 and 2020 affecting every community in the country including burnsville minnesota the rebound of travel will drive the rebuilding of the u.s economy and american workforce tourism and hospitality in burnsville provides full-time and part-time employment for the citizens of our city whereas the burnsville convention and visitors bureau has dedicated itself for 35 years to stimulating visitor traffic to the burnsville area creating income for both the leisure and hospitality industry and the general business community whereas the city of burnsville takes great pride in the welcoming hospitality it shows its guests now therefore aisle is without mayor of the city of burnsville on behalf of the city council do hereby proclaim the week of may 1st through the 7th 2022 to be national travel and tourism week in the city of burnsville and urged citizens to honor and celebrate this special event proclaimed this 19th day of april 2022 and i'd like to recognize the executive director of our convention and visitors bureau really it's experience burnsville amy burrell thank you for being here the next item on the agenda citizens comments this is the opportunity for anyone in the audience to address the council on an item that is not on the printed agenda and then not an application form that will be coming before us at a future date is there anyone in the audience who wishes to address the council ms collins anyone on soon no one that has requested to speak okay thank you and uh so seeing no one we will move on to the next admin item and this is a addition to the final agenda and this is for emergency items only city manager lindbergh are there any uh emergency items to come before the body no matter okay thank you council members okay we'll move on the next item is 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 and a consent agenda can be removed for a separate discussion and vote is there anyone in the audience who wishes an item on a consent agenda to be removed for a separate discussion and vote anyone anyone online okay city manager lindbergh does the staff have any requests for an item to be removed no matter where thank you members of the council may i have a for the consent agenda please do approve second council member gustafson makes the motion second by council member workman all in favor please say hi all right oppose saying a and the motion carries mr raymie and mr healey thank you so much for your long time uh commitment and dedication to the city of burnsville we're truly grateful for your partnership and i think the last piece of the largest track of land that was left but also a very difficult piece but you've been persistent and out of persistence comes opportunities so thank you so much we're very grateful for the excellent participation of the council and of the entire staff at burnsville in developing that difficult piece of focus very very complementary with regard to the quality of the work that the city did thank you okay it looks like somebody did sign up to speak to something not on the agenda for citizens the sunset park okay i don't see her she was with ryan miss i think miss graf was speaking with okay uh mr peterson okay good good we are at the consent agenda and the first item under consent agenda is a public hearing and this is uh to adopt a resolution for 2022 street improvement presenting this evening is janda's root our city engineer good evening ms desjard and welcome good evening madam mayor members of the council so um this is the second time we've presented the street assessment public hearing um at the same night as we award the contract and by doing that some of the benefits are gives property owners more time to pay it also helps with property sales that may be occurring during the summer months in our past time we would wait until september and then they would have until november 15 to pay so a smaller window so this is the second year that we've done this and it's been successful last year hopefully going forward it will be as well so there's a lot on this slide this is the project timeline we've done a lot of work on this project starting back in february of 2021 when we first initiated the project by ordering the preliminary report and then in last fall we held neighborhood open houses in the neighborhoods i just put four behind there we did it four times in four different locations we the council actions that have been taken so far are the more highlighted and bold ones so we have a jpa with lakeville because we are um paving a portion of buckhill road that's in lakeville and they're paying for it so we have a jpa for that in december we had the preliminary report and the council ordered the public hearing to order the project we had a separate virtual open house with buck hill road in the ridges area to discuss some of the issues that are unique to those areas and then on february 8th we had the public hearing to order the project in march on march 22nd a separate item to call for the assessment public hearing we received bids in march 24th notices were mailed on april 1st and then at your april 5th meeting you declared the cost and ordered the preparation of the assessment role so that leads us all to tonight where you've just awarded the two contracts which were in your consent agenda and now we have the assessment public hearing we have construction occurring throughout the summer we have pre-con scheduled soon so we'll have schedules and we'll have the website up to date as soon as we have those schedules since we are changing the order of things typically we hear from people at the end of the project how it went and so we will continue with our customer satisfaction survey at the end of the project to get that feedback and then if people choose to pay their assessment to avoid interest that deadline is november 15th and always we have to go back in the spring for final cleanup punch list final completion here's the map of the areas that are on the project this year areas in red are reclamation areas and areas in green are the rehab areas so we have three strategies that we use we don't have any reconstruction this year since we're not doing any water main work but we're doing the reclamation which is a full def full depth pavement replacement we don't we only replace curbs where needed and then we do utility repairs as needed and then for the rehabilitation areas we do top two inches of pavement and then curb replacement as needed and some utility repairs and then the areas that have reclamation from the map uh the colonial area south cross heights west park and burnell park and the rehab areas are in the heart of the city portland ridges area and buck hill road funding for those projects we have taxes or the infrastructure trust fund some of the streets are municipal state aid eligible not all of them but the ones that are that there's some funding there special assessments which is why we're here tonight and then utility work is not paid for from special assessment it's paid for by the utility funds which are where we get utility our utility bill so water sewer storm and street lighting work is not assessed for methodology we do the frontage method so we take the frontage 30 feet behind the property line and for single families we've adopted a per unit assessment so all of the single family properties are the same the street width is generally determined by land use but in some areas such as in the heart of the city the roads are narrower and so they're adjusted down to be pro-rated for their street with and then we assess up to forty percent of the street costs and i say up two because we don't actually ever make it that far um with the three year running average we're below the 40 actual assessment we take the last three years of bids and that's how we determine the rate for this year and as i said there's no assessment for utilities at least 60 percent although it's more of the street work is not assessed in any other work that's occurring at the same time sometimes there's utility work that happens concurrently that's not the city doing that work but it's not assessed it's part of a utility project and we coordinate with them so for the rates this year single family the per unit rate is two thousand twenty four dollars per unit and the rehabilitation rate is one thousand seven hundred forty one dollars per unit the multi-family rate is per front foot 33 58 per foot for reclaim and 21.88 for rehab and then all other property types commercial industrial usually have a wider road their assessment rates are higher 47 47.89 per foot for reclaim and 26.81 per foot per rehab assessments can be prepaid in full to avoid interest by november 15th of 2022 so lots of time to to pre-pay we accepted by check and there's also an online payment option and then if you miss that date then it will go on automatically nothing needs needing to be done uh go on to taxes for next year and depending on the assessment amount it would dictate the length of the assessment so for most of our single-family residential they're over 2000 so it'd be a 15-year assessment with an interest rate of three and a half percent here's just a comparison of some other cities our 2022 reclamation just a little over 2000 is really on the low side for other cities who are doing assessments and this slide is the total class breakdown so about 7.1 million dollars worth of work and we're assessing uh about just under 1.4 million dollars we have itf at 1.9 million msa is a big contributor this year because buck hill road is in the msa route and the through the ridges area so 2.2 million there and then some utility funds are paying for their work we have a little bit of a sort of a road alleyway in the heart of the city that is paid for out of our facilities fund and then lakeville's portion is just under 300 000. so the total assessment uh portion is is 19 of the project costs and more for the people who are on the project there's uh ways that we are communicating we have a website that we keep up to date um looks like my construction email and assessment email have gone blank but it's construction at burnsvillemn.gov and assessments at burnsvillemn.gov from our website there's a notify us button to report issues and then there's a subscribe button to sign up for weekly updates and then as we're just getting started with the project anyone who's listening who's on the project we just request notification for invisible fences or landscaping or trees near the kerber sidewalk people who are planning to replace their driveway if they have any drainage problems hopefully we have known about it already and we're making those corrections um and so some of these things we are hoping that they'd already told us but if we're opening it up now is the time to make those corrections also if anyone has special needs disabilities that need to be addressed we'd like to know that too we did get a memo that was dated march 29th from the villas in the heart of burnsville it's a 14 unit town home community that's on the corner of 125th and 1st avenue and their concern as was in your packet was that how we are calculating the special assessment for them as a per unit basis and so just a update on how we assess the multi-family is each of those is kind of their own frontage is assessed and divided over all of their units so comparing to other properties doesn't really is not really apples to apples town homes are different than condos and so um that was a concern that was raised i don't believe it was a written objection a technical written objection unless someone is here who wants to speak to it but that is one of the things that was in your packet that i wanted to provide a little bit more explanation and then i think you did receive a a written objection um that was handed out today and michelle did that get copies get made or just have one okay i did not have time okay he just handed it to us in the hallway his um main concern is that there are garbage trucks that are going over the roads and his concern was with the amount of trucks and and how that's damaging the roads he did leave he said he's not going to speak tonight so so it wasn't about the assessment it was concerns about the garbage trucks that the wear and tear that was my understanding after talking with him okay so this is a public hearing and objections must be written and submitted before the end of the public hearing if the objector wanted to take it to the next step we would take those written objections reach out to them and tell them the next step should the council adopt the assessment role as is the next step is that they would now file with a district court okay any questions for mrs rood okay thank you so much and this is a public hearing and i have mr sanders from knox drive who wishes to speak uh what was his first name uh patrick he left he said he was he i talked to him in the hallway and he he's okay i answered his questions okay uh how about mr slip from hollow park he was the objector and he he also left okay is there anyone else who wishes to speak to this item anyone virtual miscons no one online madam okay uh members of the council i will now close the public hearing um your your desire move to approve okay there's a motion to a second there's a motion in a second all in favor please say aye aye opposing a and the motion carries thank you very much okay the next item is 5b and this item is a public hearing as well and this is a resolution adopting the 2021 code enforcement assessments presenting this evening is christopher forslen our licensing and code enforcement coordinator mr forsen good evening and welcome good evening madam air and council um this is the public hearing for uh and you might have noticed that this is for the entirety of 2021 typically we do this twice a year um covets had an effect on a lot of things this is one of them but this is the public sharing on any assessments that we assigned to be for outstanding fees for code compliance and these fees may be anything from mowing fees re-inspection fees or other charges to gain compliance with the local code and it covers their time frame from january 1st to december 31st 2021 notices were sent out to all the property owners regarding their code violations on march 22nd council called for the public hearing and declared cost and set the date for this hearing notices were mailed as well to the affected property orders owners on march 25th and we're inviting all of those who may have questions on those fees to an open house on april 6th and at that april 6 open house we had nobody appear or to discuss any any of these charges any much like the other assessments any property owner who has an objection has the right to issue a request in writing an appeal here tonight and to best my knowledge none of those have been received and uh the total assessment when the agenda background was done was six thousand four hundred and six two dollars and fifty cents uh as a one hour goal was five thousand seven hundred seventeen dollars and fifty cents so let's drop slightly okay any questions for mr forslen you've done some great work you keep taking that down every year yeah and this is this is another big reduction i hate to say it covered had an impact and so did a really dry spring last year if you recall and i think that made some impacts okay thank you uh this is a public hearing is there anyone who wishes to speak to this item anyone who wishes to speak miss collins anyone online no one madame okay thank you members of the council i will now close the public hearing your pleasure motion to approve council member workman makes the motion second second by council member gustafsson all in favor please say aye aye opposing a and emotion carries thank you very much we now move on to item 5c and this is the ames center quarterly update presenting this evening is mr brian luther good evening mr luther and welcome good evening thank you madam mayor city council members and the citizens of burnsville it's uh it's an honor to be here tonight i was looking back as putting a presentation together and and the last time i presented to city council was april 13th of 2021 so it has been a little while and you know there's been a few things that have changed since that uh presentation so i'm going to run through it's a pretty brief just a few slides and then obviously open it up for uh for questions and answers and if you have any questions along the way don't hesitate to uh to reach out but i have been working very closely with my liaisons with city manager lindbergh and with council member dan keely and we meet quite often to run through any operational issues and to to go through items and still working uh meeting with the city finance team uh monthly bi-monthly depending on on what we have going on so working very closely with with city staff and want to thank them for all their hard work and working with with me through all these different transitions and items that are taking place i will jump in here just like that right brian that's not yours that was so just exit what's that oh i'm sorry i should go over street improvements i you know i i don't think i could do this i'm not quite sure you want your presentation thank you very much all right so since we met last in april um we were able to begin operating at full capacity in june of 2021 so that was really the time we went from all of our various restrictions opening and closing to really being able to to start and and get the year going uh second half of the year really picked up as a team at the aim center we got really good at postponing events and rescheduling and going through those processes over and over and and all that hard work did pay off as we got into the second half of the year particularly as we got into the fourth quarter and were able to do a lot of the holiday programs uh one of the items that we did handle through our capital budget uh was we purchased a new food and beverage point-of-sale system uh we ended up going with a square system which has been uh very beneficial for us we're able to really get a lot of real-time results and it's been uh very good for us to look at our our sales and our cost of goods and everything in real time has been very very successful we also in partnership applied with the city of burnsville and secured the sba shuttered venue operators grant which is 1.028 million dollars and so we're very pleased to have that and uh to be able to see that to help go back to cover any of the expenses that we had or any revenues we lost and the big job is we really went uh forward was starting to fill our vacant full-time positions so went from three uh right now we're budgeted for nine positions and we have three positions at this point still vacant so we're still working on that and as every business is dealing with right now labor workforce shortages are probably the largest challenge we're faced with but i have to hand it to my team everyone's jumping in and filling in in various capacities not just in their respective areas but across the board too so we're seeing that and very appreciative of it programming highlights we had a great dance competitive dance season last year even with the capacity restrictions uh fourth quarter came in with 47 holiday performances including two sold out of the rocky mountain christmas show which i can safely say today we have booked again for next december so great show and looking to have that one back again as an annual event and we're able to do a small season and i say small because typically we do about 152 shows with church basement ladies in the black box theater for between september and february we did a smaller 24 performance season but still had 15 bus groups and worked within smaller capacities so i'm very pleased with that so our final year end our financials we did better than budget our budget if we look at the center um the center column was the original budget that was comprised of a 25 venue occupancy load and that was what we felt comfortable going into once we hit june 1st we re revisited and worked on our budget to change that to to go forward at the full capacity and we saw obviously a lot more revenue we ended up our total revenue was 1.3 million we had total expenses of 1.4 we did take a loss of 40 000 compared to a budgeted loss of 147 000 so we saw um a gain of 107 000 so we're very pleased with being able to turn that around in a year that was very uncertain with items but obviously watched our operational expenses very closely uh anything we could manage we we did and um obviously wanted to generate the revenue through shows and getting back into aggressively programming as as we typically do takes us into quarter one now as we had a great response in fourth quarter we had omicron and you know holiday programming is one thing because there's tradition involved and there's a lot of excitement and then we saw our numbers go up a lot we saw as you'll see in the financial slide there's there's a significant impact we did end up having to postpone some shows and the shows we did have didn't hit the budgeted ticket sales we saw the shows that should have done better perform we still had some good ones and you'll see here in a minute so not all shows were impacted but enough where you know first quarter didn't didn't hit our expectations again for a budget that we had assembled back in june july time frame of 2021 so you know just something we weren't able to really forecast but i think we still manage very well the live arts and entertainment industry is rebounding uh artists are back on the road and i can say been spending tremendous amount of my time working with a lot of artists who book and have programmed back into the into the venue so very pleased to see that take place and the good news is our competitive dance events occupancies are back to pre-covet levels and with 100 occupancy so uh you know we're very pleased with that uh through quarter one oh go back now to uh highlight a few uh items that did take place we did have some sold out events along the way uh one ida queen sold out we had david landau on thursday night we have henry rollins good to see you tour and that's sold out we still have a couple more tickets left but it will be sold out by thursday evening and then uh church basement ladies 20th anniversary show took place last week and we had over 20 bus groups this was in the masquerade dance theater during the day matinee show and it was full uh the buffet lunch for about a hundred and it was a big big day and uh so we're very pleased we unfortunately had an unfortunate situation at the end but um with with one of the bus drivers but we um it was just a great great event overall so that's going to kick off we are going to be announcing our season in the black box here very soon and that will be a brand new church basement ladies production so everyone is excited to get back we're excited to have them and in october we have charlie barron's uh four sold out shows as we sit today and he is a youtube comedian and very funny uh gentleman from wisconsin if you've not seen him highly recommend you watch his his uh his content on youtube it's clean it's fun and it pokes fun at the wisconsin um people probably some minnesotans too but we'll just say it's been it's it's fun to have him in and the response has been tremendous so we're trying to get a fifth show right now we'll see if he's interested in in securing that but very popular and we're very proud and it's just great to have something come out of the gate that strong so do we have concerts for caring this coming soon i do yes and thank you for mentioning that we do have the concert for caring event which is the fleetwood mac show this saturday and there are still tickets available they're going quick though we've had a huge uh increase in sales over the last two weeks so i'd recommend any of our viewing audience to buy their tickets as quick as possible because that will be on saturday and it's gonna be a big show i think elizabeth should try to get some henry rollins tickets yeah it's it's a fun one i i love him he's very entertaining are you coming with me no i will join i i will be happy to yeah you should tell everybody what time the concept for caring is i believe it's 7 30. concert so go to aimcenter.com all the information will be there for purchasing tickets uh i believe it is a 7 30 performance and get there early a lot of great things going on silent auction great fundraiser for our local rotary club so our quarter one financial forecast as i mentioned before we did see an impact of omicron and if you look at the third column you'll see there is we had a pretty significant impact compared to what our budgeted revenue would be for first quarter um you know with the amount of shows that can't postponed or ticket sales we did see a drop we are at first quarter we're down um just under uh fifty thousandths about forty nine thousand dollars uh compared to budget now you know that is a concern but knowing the omicron impact you know we we knew it wasn't going to hit the numbers we had budgeted when i go forward to the next slide for quarter two we are looking at a very strong second quarter we really are hitting numbers that are closer to the original budget and actually exceeding it and this is as of today did a final look through some of our actual completed april events and just with some of our recent programming and so we're actually um to the good to about thirty oh just under thirty five thousand dollars so we're seeing that at about fourteen thousand dollar gap um and at the halfway point of where we are this year i feel very good considering that impact that we had for omicron and to take it even a step further i mean looking at our budget for your end at this point i'm feeling confident we'll meet or exceed it as we sit today just with the amount of business and what we're seeing for um for interest within the facility and to in our booking so um and your dance competition is doing phenomenal they're doing great right yes they're doing they're doing very well and we're seeing good returns some of them uh even compared to budget are doing better and we've we've done some changes uh we've we've restructured our menu for food and beverage and some of our hours of operation uh for some cost savings but then also to just see some for our cost of goods obviously for food product is going up and so we're trying to use as many products as we can that can be combined into as many menu items as possible so we're minimizing waste and to be as efficient as we can and we're also seeing some of the labor costs within that area go up too but that's everywhere seeing that but it's it's been going very well on that side of things and seeing great attendance levels and um it is going well you know for for dance competitions we expect them to get better as the second half of the season begins and you're driving a lot of business to the restaurants around the area and coffee shops yep that's our goal we want to make sure everybody has a lot of business so that is great so so for some of our upcoming shows we have dakota valley symphony's young artists concert this sunday on april 24th that'll be their last performance of the season so great opportunity to get out and enjoy one one more concert before next year twin city ballet gisele is going to be performing on may 7th and 8th and then we have the floydian slip pink floyd show on may 26th and another fun one with five for fighting and verve pipe on july 22nd so aside from all the dance competitions and recitals he's got some good concerts coming up and we're going to be announcing a lot more and going on sale with a lot of other shows for the second half of the year here very soon so all in all it's everyone's hanging in there where everyone in the building is working very hard and making sure we can fulfill everything we need to and just continuing to rebound and rebuild so council member dan keely thank you madam mayor brian i think you understated how much of a rebound you orchestrated in 2021 given that most of the time you're booking six months to two years out having a volatile circumstance with the pandemic and 25 capacity uh suddenly lifted wasn't like they telegraphed okay five months from now we're going to lift that right you were able to really scramble and and put together a strong second half to give us that 107 000 against budget improvement uh getting us within 40 000 which given circumstances is a really positive story to tell but i know you worked a lot of days and nights many days of the week not just five throughout that whole six month six months and i know in the holidays you are living at that facility trying to get shows there and make sure they went well and you were short staffed and so um i just want to compliment and highlight the fact that that didn't come easy that 107 000 turnaround was not something that just happened and you had to go out of your normal routine and go out of your way and do a lot of extra effort to get these shows in and have that kind of successful second half given uh the switch was you know switched in on short notice and then of course you know the first quarter was uh unfortunate but uh as we sort of came off the delta variant and rolled right as that was tailing off or maybe not even before it started tailing off the omnicron surged up and it didn't really peak until january but it was it was obviously scaring a lot of people uh you know i think first quarter turned out not bad considering how bad it could have been and so i mean there's a little resilience in our audience and we're happy to see people buying tickets and attending shows even through that period of time as you noted there was a few successful shows that didn't that didn't get hurt as bad but there's a there's a powerful story in that 2021 number to get the 40 000 loss that's that's quite a dramatic comeback so thank you for all the effort oh you're welcome you're welcome yeah please understand and know how much we appreciate you and with deep gratitude for all work that you've been doing it hasn't been easy for a lot of businesses but you're in a hospitality and entertainment business and that was shuttered so but thank you for all of your hard work and your team and thank you for everything that you all did to make the state of the city really come off wonderfully yesterday so thank you oh you're welcome you're welcome and i'll pass that along to the team as well too it's it was a great event yesterday and it's just fun to see everyone back back together again and just and the upstairs lobby was full yes yes that was the biggest crowd that's great in the 20 years that i've been going or so i've never seen that large of a crowd it was fantastic great show great speech yes performance in the facility was fantastic absolutely i just amplify what we do so thank you everybody here yeah and to our staff as well because they deliver it was about all of you and so thank you oh you're welcome yeah i will pass it along to the team and you know i want to thank you again everyone with city council and city staff for all the support and you know the there's a lot of work that goes on behind the scenes and a lot of teamwork and so thank you very much appreciate that support okay any other comments or keep it up buy your tickets yeah yeah remember concert for caring because that's for rotary yes and it and they do a lot of things and i believe aren't you in that rotary i i are you on the other one i well i am kind of in the more in the noon club yes i've been a little absent but i do have to say but i'm still part of part of the group i still serve on communities uh particularly on court committee and a few of the others so yeah actually i went to visit with them a couple weeks ago to give them an update and so i feel like i will be back in the group again here very soon so the ticket office is open tomorrow friday and saturday yes wednesday friday and saturday yes and so our hours are on our website but we do we are staying with our reduced hours we're finding it's working very well people are still have the chance to come in and buy their tickets in person which a lot of our ticket buyers really value that experience we want to provide it i don't know when we're going to go back to a daily uh being open on a daily level at this point we're going to evaluate that but right now it's working really well to keep those hours in place to be able to provide that too and the hours the hours i believe are 11 to 6 on wednesday and friday and then 10 to 2 on saturday but please go to the website and just double verify because those have changed a little bit too we can have people here and they can go look i'm just giving you a lot of opportunity because people are watching and so yeah yes i know it's a bit of a quiz as well i would also say from a staff perspective that brian has been a tireless advocate through a very difficult period of time to make the aim center a smashing success i really appreciate his partnership it's been a great few months working directly with him and it's very much reflected in the results so thank you brian thank you well thank you city manager lindbergh for the partnership that you've formed with mr luther and everything's going well and also for councilmember keely and his liaison work and advocacy role so thank you okay thank you for coming in good news welcome yes great okay we'll see you guys soon yeah thank you and now the next item uh is the ordinance repealing and replacing title three chapter one intoxicating liquor and 3.2 percent liquor and amending the liquor fee schedule and presenting this evening is our city clerk ms collins thank you madam mayor city council um i'm bringing this to you as it has now gone through the code review task force that you know uh going through all of our city code at this time and this is one of those items that have come through the task force without a unanimous consensus so we're bringing this to you for further clarification um i'm going to go through a little bit of the process of how the code review task force got to this point so you understand what they were aware of and when and how the process worked in november 2021 we did a like an intro to liquor licensing session a lot of the task force members were not really that familiar with how liquor licensing worked so we went through like the different types of liquor license on sale off sale that kind of thing what the state authority is for the city to grant those licenses we outlined where burnsville was more restrictive than statute there's a few areas we reviewed the timeline of where council had consideration of different or action over the years of different pieces of those areas and we also did a comparison with other cities one of the one of the things we noted on here was the separation requirement of three quarter of a mile and the freestanding building requirement we did a survey of some other cities we had two that did require the the separation we had zero that required a freestanding building uh we had ten that required neither and then four of those were municipal liquor stores so they would not as a municipal liquor operation they could put those liquor stores anywhere they like to and then in december we had to cancel that meeting because of a snowstorm that came up all of a sudden but we picked it back up january of 20 that should say 2022. we did hear testimony from the art from our off sale liquor license holders at that time um at there was a split vote to retain the off sale requirements and that would be the freestanding building requirement the task force voted six to four to retain that and the three-quarter mile separation the task force voted seven to three to retain that of course those uh requirements are not for the burnsville center retail area just for outside of that area in february 2022 they reviewed the remaining sections of chapter one and directed staff to proceed with the edits as discussed and then come back for final approval of the entire chapter with all the edits that had been discussed in march we did submit that final version for approval because some of the members were not present at that march meeting that uh vote ended up being four to four um where but previously it had been like six to four um recommended uh they did recommend that it the ordinance be could the amendment be considered by the council at this time noting that the task force did disagree on those two particular items in this proposal so the council has the option to adopt it as forwarded by the code review task force it does include the um the items that have the disagreement in there the still does retain the freestanding building requirement still retains the three-quarter mile separation the council has the option to remove both or one of those requirements if they want some of the task force members were not in favor of that and they some we had one that submitted a written comment to you today earlier today and i think we also have some in the audience as well and we also appear to have some of our off-sale liquor license holders in the audience i would like to make a note that the summary ordinance does require a super majority vote so if there is a split vote of more than a four to one vote we will need to address that item separately okay i stand for any questions council member workman thank you matt can you tell me how many usual numbers do we have in these 11 11 and we were missing you have to do that math what's 11 minus eight three we're missing three um i on that last meeting my preference on this would be to send this back to the code review task force to bring back a complete recommendation when they've got full attendance we've kind of tasked them with this and you know for force but because of absences i think can be overcome if we have a full roster i can tell you that as i demonstrated in the powerpoint that when they voted on those two particular items which was the only issues that the code review task force had that it was voting in favor of recommending to keep them so we did have one person that was on zoom that night that would have voted in favor to recommend them but she was not uh she did not have a medical exception to vote so it was just unfortunate the way it happened um if we you know returning this to the code review task first would not result in anything different except you would maybe have a another a five to four vote or a six to four vote that that that would be your best case scenario in which case it still shows you that the task force has not changed their mind on that fair enough okay councilmember schultz thank you uh so the uh onus on this is proving that that the restriction needs to stay in place so what was that what was that driving need there were different arguments for that um as opposed to things like our existing license holders have made this investment into a free-standing building there are also safety public safety issues that were brought up i can tell you that i did check with our police chief and that she did not see any significant issues if they were to stay or be removed she had no strong feelings about it either way staff feels similarly administratively it is not difficult to administer either way okay so the public safety is off the table so then what we're really looking at is because people invested in the past we cannot change this is that a fair restatement of that i don't want to put any words into to recap the words incorrectly but there was some argument to that jared would you have any other sure i mean i think it was a robust discussion amongst the task force obviously issues of of the investment came up issues of safety came up i think all the individual task force members probably had different you know issues or concerns that that swayed their vote one way or the other but they they did hear from the members of the community the owners and um i think that influenced some of their vote as well thank you okay we do have some folks who want to speak and uh there is uh one person here from um the task force and i think i will ask him to come up first to speak we already have the letter from mr newsma so um mr roush please come to the podium and i think you can be right here yes yeah and give us your name and address for the record my name's steve roush one two eight one two pheasant run burn zone so i'm on the code review task force and i was part of the discussions um my input for you is i think being a small business owner is definitely a challenge you make a number of investments i think the city did a very good job in allowing individual businesses to have liquor available versus a municipal structure like other neighboring cities have i think the city when they first proposed the code to have a separation of distance and standalone building both make good sense as far as allowing people to have access to liquor stores in their local area but having a more dense or let's say a larger number of liquor establishments along county road 42 with you have total wine target a number of other venues there mgm so i think the overall um i'd say availability of of that item for the public is well represented with the current code and i just wanted to express my opinion that i think with our current small businesses that are have standalone businesses that they've invested in i'm i'm a proponent of leaving the code the way it is there is one other thing and i'm not sure if it was in the in the review that we also added i think adding the um the brew houses have really added to burnsville i know a number of neighborhood groups are there i've been there a number of times over at bricksworth or whatever but like duluth they also have a distillery option for volk i think it's valkyrie where you can go into like a distillery kind of tap room i think the code review task force liked that idea as well i'd like to see that incorporated as well okay and so that's my thoughts thank you so much for your particip participation and also when you retired from collins rockwell you didn't go away you stayed engaged with your community and so i want to thank you for that and uh for your thoughtfulness and uh in looking at you know you know business so well and you came from big business but you also had a heart for all the small business owners so thank you for your input thank you thank you yes um miss collins madam mayor city council um task force member roush makes a good point one of the things that the um staff and the task force and and staff did incorporate into this final version was to add all the available liquor license all the ones that are allowed by state are now incorporated into our new code so they're all in there and you can see that we've also for those brand new ones we've added some fees that uh to that so that uh and we you took the we took our um city our liquor fees as they are compared them as to what other cities if they were much higher than ours then we didn't look to match theirs that type of thing we tried to stay in line with where our fees are and just took an average and got to where we were but we have not had any applications or even any requests for any of these of extra licenses yet but we thought we would be proactive and add them in there at this time because why wait until we have the request and then we don't have a coat to follow yeah that's a good idea yeah councilmember gustafson uh michelle how many liquor licenses are available in the city right now we do not have a cap anymore okay so there's areas of the city they can still meet this three-quarter mile there are there are a couple areas in the city we have a couple areas like this so we're not having people clamoring to get in here with liquor stores and we have areas where people could put liquor stores if they would like to correct uh i believe that well definitely in the burnsville center area because that doesn't have the restriction however i think there are maybe i know there's one maybe two in your background you did get a letter from mr coughlin he is now the owner of the property at the corner of county road or highway 13 and differently and that area would fall within that would be an area that would be available to put a liquor store uh and his request was to remove the freestanding building requirements i believe there's an existing uh strip mall there that he would be interested in using for that yeah but he's also a freestanding building there too they also have a free station building he can enhance that property by taking down the gas station and put a freestanding building yeah councilmember schultz thank you um could you list out what other businesses have to meet these types of requirements currently the tobacco license also has a three-quarter mile distance restriction however that is something that has also come up where we've had requests for businesses within the three-quarter mile especially when you think about how tobacco shops have evolved over the years with the um you know with the vaping and that type of thing and they still fall under that tobacco license also um that three-quarter mile restriction doesn't apply to gas stations or grocery stores or those types of it's only for those that primarily sell tobacco or nicotine related products and so staff is recommending that we will be recommending that the task force considered removing that because uh we have not seen that those different types of businesses are competing next i mean they they would not compete with the cigar shop and the vape shop don't usually compete that much together thank you i i do appreciate that um and and i i do understand um our task force wanting to be sensitive to our business owners that are already in this city but i also want to stress that this code review is not a review looking backwards this code review is what we want our city to look like 50 years from now so if there is in something if there is something in place which does not or will not serve our city for the next 50 years then that's not something to con to continue and um we frequently make changes in our ordinance removing things that we used to make people comply with such as i will point out our commercial garbage and where you have to store your garbage and how you have to do that we made people incur our businesses incur horrific costs like seriously horrific costs costs that we couldn't our city couldn't even comply with because it was so onerous um rather than continue those because we had already done something um that incurred costs for people we looked at that and said okay in the future though this is not something we're going to do continuing forward because we're looking at what do we want our city to look like going forward 50 years from now is this something that we believe will still make sense for our community so that is that is the lens that we're hoping to go through i really do love how they went through and said okay we're updating this with like the distillery and different things like that that was really forward thinking that hadn't come up yet in our city but they had the fourth thought of saying wait a minute this is something that we really need to take into account so i have i have a lot of appreciation for that councilmember workman just a general question because i can't remember do we have a policy on marijuana dispensaries yet so i would anticipate it would follow something similar to this if yeah when the legislature acts i don't want to get ahead of the legislature because we don't know what will come out of that particular bill yeah experiments and tobacco stores i believe we have something for medical marijuana yes well for medical but those aren't typically retail stores that would not be a city licensed that's all through the state that's outstanding state okay thank you okay councilmember gustafsson i'm glad you brought up the marijuana question because i believe we had a discussion i think council member keeley actually brought it up as well that this marijuana dispensary thing we don't know what the state's going to do yet so we can't create an ordinance in it yet but we don't want to mess with the liquor yet until we know what that's all about i mean i think they they go hand in hand for what the products are and so and they're both going to be highly looked at at all times and controlled and so i think at this point to change something like this we've had so many discussions on this over the years and again the uh the whole unfortunate thing where some people didn't show up at the last meeting and the vote had taken place which gave us the tie otherwise he would have gone through if they had been there we wouldn't be having this discussion about this right now yeah we would well you would yeah we would okay that sucker would have been pulled you were usually up because you know you know you didn't have to pull it because we don't put it on consent anymore yeah none of these are going to be that's a move absolutely yeah but what i'm saying is that it would have came to us with a different different deal and that can happen in this council we have a lot of 3-2 votes around here and we can get a work session and say we want you to do this bring it back to the next meeting for our approval and then one of the three doesn't show up and now suddenly you got a 2-2 tie or you have to postpone your vote until you have the full council that's that's the process of government it's not always smooth sometimes it's messy you know and i understand the frustration of the owners because they sat there and they you know basically thought that they had this had been resolved until that final vote miss collins madam mayor councilmember gustafsson i think that the final vote only was indicative of those who had not voted for it in the first place were still not voting for it yeah okay so i i think that it was just a matter if like you said if the others had been absent but it really made no difference except for the fact that they could not recommend approval they just forwarded it to the council for adoption council member keeley thank you madam mayor a couple of observations one i had some some concerns over the process that we followed here because although it still is a recommendation to us the fact that the code task force took a vote on those specific provisions and then came back later and took a vote on the whole and to their credit and the city staff there was an open and transparent process the first time around back in january but when they came back around to vote on it again and discuss the same thing um the stakeholders weren't invited to come back yeah miss collins councilmember keeley i think that like like i said the people who voted against it the first time voted against it the second time right so it was not there was not a change because the stakeholders were not there there were less members there was just less members no i'm speaking of the folks in the audience the people who are going to be affected by the recommended decision um given yes as you said the same people who were for or against it were still for against it but the fact that that's just how it turned out but how did we know that in advance we didn't until it happened and it happened without the participation of the people who are going to be directly affected by the outcome so that was my concern over the processes we should have invited him right back in again and said we're going to have this broader discussion about the whole policy and we're going to take these same two issues up again um would you like to come back and and and be a part of this as i was contacted by two of our lacro owners they they were blindsided by that and i don't think that was the right process to follow personally okay uh miss collins and then i have um oh did you have a follow-up yeah i just got started oh he's off to the races i have more notes oh okay well proceed because her well she's probably running to let her respond to my last comment because i'm sure she wants to all right miss collins i'm just trying to make sure that we're clear the um at once the task force gives us all of their direction they always bring back a final with all of their changes in it to make sure that we captured everything they still didn't agree with it there was no without that at that point we were not making any final changes to anything it was just approving the final recommendation for the council so at that point we weren't changing that section anymore there was some discussion on it but we there was nobody's nobody was changing their mind at that point right i think it's if you look at it from the eyes of the folks who are affected by it or potentially affected by it they should have been notified and involved in that that greater that final right discussion because you can't predict what could have happened what happened was the same vote but we didn't know that until the vote was happening right and neither did they i think that's that transparency that i would suggest that we follow in the future um the other comment i had is i really thought about this you know you you showed some great comparisons of the cities where we're an outlier and we were an outlier because decades ago somebody made a decision that this council i don't know if i'm sorry predated madam mayor yes it goes all the way back to i think in the 70s 70s or 60s when it was put in place city council made a decision to be somebody to be very different and overly in my opinion overly regulate liquor but the decision was there and it's been in place for decades and for decades these small business owners have had to follow it and so it was in my opinion rather disruptive to have that done back in the 70s if that's what it was and now we're being disruptive again trying to now change something that's been in place for so long so the magnet and my point there is the magnitude of this decision i think warrants something a lot more deeper and a more prolonged and different process to come to this final decision so the code task force i think is one step i don't think that's that's the process that we follow when we make a decision uh given the impact that it's going to have on these businesses so i think this is something i'd take a little bit more seriously than just um hey the court for force brought it to us let's have a quick discussion make a decision i think we gotta approach it differently and i have an idea for it but i actually would prefer to to hold it so lastly and it was brought up already but i'm concerned about the pending or and i would say the if not when of the state legislature making a decision on recreational cannabis and we as a council in the future when that happens uh and it seems to be just a win or an if sorry a when not an if but no one knows that but we're going to have a very interesting discussion about regulatory requirements that the city is going to want to put around cannabis and as as councilmember augustus and said i think we're a little hypocritical if we're going to um and quite frankly most states have done it this way allow free and open liquor but overly or excessively regulate cannabis they're very inconse that's to me that's very hypocritical in the in in the fact that you're dealing with two controlled substances but you're gonna you're going to regulate them completely differently right and the date there's tons of data out there that that obviously does not necessarily indicate that cannabis is as much of a burden on society as liquor uh or drunk driving or et cetera right so there's factors that hit society on both and so i'm not sure that i want to have this discussion now because i think it puts us in a very interesting predicament when that day comes and we have a discussion about cannabis because i'm i'm guessing based on what i've learned from the other states is the legislature if they decide to pass it one day and almost 70 percent of minnesotans want it passed so i think it's that's why i think it's more uh when not if i'd rather have this discussion together because i think we're going to be talking about the regulatory environment of two controlled substances and it's a bigger deal than just the liquor today so i think if we're going to do anything with liquor i would rather run it through their gov our governance process and have a full-blown open transparent process that involves the council more throughout a process but in my preference would actually be just wait uh and set it aside for now and wait until there's some direction from the state legislature related to the other regulated uh product uh when cannabis is uh comes to us so that's my thoughts okay councilmember gustafsson hi uh dan i just want to kind of reaffirm what happened at the task force as far as when we went to that last meeting that was merely to approve a document that was created through all the approvals that we took along the way and when it got there it wasn't until the end of trying to get a vote on that all of a sudden the chair ejected and then some other people started to get to we were we were all shocked when that happened we we just assumed it's just going to come in like on our consent agenda when we've already agreed to everything and it didn't happen that way so i don't think the process was bad but if you have a better process i would certainly like to hear it because i would like to improve how quickly we can get through that sometimes with this task force myself because it takes it takes months to get through some of these ordinances follow-up i think there's the magnitude of these two is evident in the fact that it was debated more than once um that's how significant of an impact this decision is to these existing incumbents of this regulated of this regulated product and so i i guess my my statement is the task force did its work there was some you know surprises or interesting processes within it but ultimately it's coming to us for us to deserve debate um and uh and i think um i i certainly am not i mean i i like the fact that some good things came out of the code cleanup as was pointed out because we wanted to make it more um open and flexible for houses and other things but these particular issues get to the core of the most significant financial impact to these current license holders and that's just not something that i think you run through the code force and then and vote yes or no and do it i think that's a little bigger decision so what you're saying if i'm understanding you're saying leave it the way it is because we can always come back and revisit this and you're saying we can revisit this during our governance process where a lot more information can be brought to the table that's one route and i personally i would rather wait until the cannabis issue comes forward and then and then we do it all at that time there's some there's some discussions within that industry and some legislative language that actually marries the two or integrates the two and i think there's a lot we have to learn yet before we tackle it and that's what uh councilmember schultz you said it's a matter of when not if first of all you have to have a crystal ball to know that i tend to agree with you however it's a generalized statement i have also watched the committee meetings in our state legislature so um i might have a more jaundiced eye on that as far as length of time um we we're going to have tobacco in front of us too and staff is already saying they're going to be recommending to them that they remove those requirements on tobacco so are we going to get it back to us and then be like oh no better wait for marijuana then we'll talk about tobacco no you know like this this is what we do if we so choose to do it which every other city that we looked at that we compared to they were like yeah not so much so i i don't number one i don't think we need to wait um number two i'm not excited about putting this through the governance process because we created this citizens task force to do this and this is hard work and they have put in a lot of hours it does not mean we're just going to blanket approval everything that they do but i want to caution on basically taking it back away from them and saying well yeah yeah i know you were supposed to do the citizens task force and go through everything but we're just going to pull it back and we're going to do it how how we want to do it which if that's what we were going to do then we would just not not have this task force i do understand what you're saying about there are certain issues that maybe because of their complexity or that type of thing we may want to take a closer look at it or or that type of thing um but even though i'm getting that spidey sense that i'm going to be on the minority vote i would still rather be that way than than then take that away from our our task force and what they're they're trying to do i do urge counsel and i i urge our task force when they're going forward on this we are looking again we are looking at things for for the future and i do feel bad when we place requirements on businesses that are costly requirements and they had to incur those i feel really bad when that happens but you don't correct it by making the next guy do it and the next guy and the next guy and just continuing a mistake like that's you know that's one of those like um lost work fallacies that's not something we need to do so what we need to look at is are these restrictions of benefit to our new businesses as they're coming in and our community as they are evolving in the coming decades we need to take a very forward looking view of this if we want to do this structure over a period of time or do something like that so that it's not just ripping a band-aid off all at once you know that's that's definitely something that could be looked at um but i i i don't think that you keep negative impacts in place because other people suffered them and so you want other people to continue to suffer under them that's my view of that councilmember gustafson um i i kind of like the idea of accepting all the changes that have they they agreed on because there are a lot of good changes there they did and there are there are really two disputed items that i believe should be we should be leaving that in place for now until we go through some other discussions along the road and i'll go back to the fact that we have already have a couple places where you can have licenses and nobody's getting them nobody's clamoring that i don't see where there's anyone being hurt because nobody's asking for it but do you know the next 50 years but we can always change things change yeah councilmember keeley um well i don't usually disagree much with my fellow councilmember schultz and i think we actually have a lot of agreement on this um i think the path away from where we're at is not just flipping a switch and changing it i think it's a more uh thoughtful and maybe potentially a phased in over time or something like that i mean it's just not a yes or no that's what i cause i think that's the disruption that was put in back in the 70s and i think this is a worse disruption to just flip the switch and change it but i i just want to remind everybody for the record i was a huge advocate for our enterprise zone and opening up of the free market i'm a free marketer at heart i don't like government saying you get to win you don't and and that is what's been in place for the last 40 plus years or whatever it is or 50 years um but we can't just i don't believe we can just flip the switch so i think what happened in the enterprise zone in the city of burnsville was a great compromise from where the positions are of the incumbents and where we wanted to be as a city and it blossomed a lot of competition down there um when we now talk about making the rest of the city in that same vein it's a i think it's a it's a bigger discussion and it's a and it's not one that is just a let's just change it today but the nice thing about what we did with that whole area of the shopping center is that our liquor license holder were part of that discussion and they agreed um even though it was very difficult you know the demand in that area closed down haskells ask and and haskell's was well known as to be uh struggling before we even change the order they were not going to renew their lease as i understand but whether we had to decide well whatever but it was there and it's still a lot of and then the liquor store on cliff and river hills across from uh kurt uh declubson's red hawk red hawk that closed around that time right now um miss collins uh they were bought out by total wine back when we still had a cap on how many yeah yeah i i understand that so they took the money but they it was a business deal and they did that you know so there's still uh opportunities um members of the council there are members in the audience who would like to speak and they have all signed up and i'd like to recognize them we need to see them and hear them uh first on is uh mr david haltman uh from redline mr holman please um give us your name an address for the record hello hello my name is david heltman i run red lion lickers i the address is one two four zero zero nicklett avenue in the heart of the city and i am here to support the current ordinance thank you for your time for listening um you've spoken so much about what i have here already so i put down my thoughts i want to read it anyway i've been at red lion for 40 plus years and have seen this ordinance devops where it evolved to where it is today it has not changed much why because it works i understand free market but these are not groceries hardware's housewares or convenience stores it's alcohol a controlled substance this product needs and gets regulation over saturation isn't good for our industry nor this community when the city was young our city leaders drafted an ordinance with distance restrictions and freestanding building requirements with the freestanding building requirement it was tenant that intended that business owners would have a bigger investment in their business they believed the owners would be more responsible with the distribution of alcohol as well it made it easier for law enforcement to patrol properties the distance requirement would prevent saturation when you relax or do away with these regulations it doesn't create a good business climate for stores to succeed these small businesses pay livable wages to their employees and also partner with many local charities who count on their support red lion for instance we support burnsville rotary this being our 19th year with burns one court burnsville 360 communities and fire musters with our annual craft beer tasting 18 years running and we also supported the moms program for years and brian luther didn't plug it but we're having our annual event tomorrow night sparkle ship and saver at the aim center we can do this because of positive climate miss the positive business climate in this community i know other communities have relaxed their ordinances and have had multiple stores fails failing stores will bring blight to communities this actually happened in our community with the loss of haskell's fine wine shop this this happens in most communities who ease regulations and is the direct result of a saturated market do we really want to see every gas station super at drugstore convenience store sell alcoholic beverage alcoholic beverages regulations work to have the privilege to sell alcohol our owners and managers have had background checks performed on them by local law enforcement there is a big responsibility of the sale of this product and keeping it out of the wrong hands now you talked about canada's cannabis yes let's look down the road and i and i from the conversation i hear you have heard um our big liquor companies and local wholesalers are investing heavily in the distribution into canada because they would it is their thought that they also they already have the pathway to to get this product from from the manufacturer to the retailer to the public through its three-tier system which is in place because of the liquor the way liquor ordinance is designed i hate to see the cover of the box come off and just open everything up i really wouldn't want to see alcohol cannabis and every person that had a liquor license on every gas station hardware store super you know if we take the regulations away it's just i don't think it's good for the the the or the health of our community and we talked about tobacco here and you know burns were talking about maybe getting rid of that three-quarter mile on the tobacco look what other communities are doing they're tightening the tobacco constriction restrictions more than the state in favor of having a healthy community a healthier community so i think well we love this community we all do here that's why we're all here i think we keep this ordinance in place it's worked so those are my thoughts thank you mr hallman it's great that you're here this evening i appreciate you and we see you and hear you thank you thank you mr scott hiller good evening good evening and thank you mary members of the council my name is scott hilla the liquor store's at 2000 west brooksville parkway i'm also been a citizen of burnsville 64 years i've been here my whole life and my father started the liquor store and other businesses in burnsville over the years and built a lot of and we built a lot of residential homes thousands of my house yes and uh i mean i agree with everything that's kind of being said you know you know what my point of view would be on this but there's a couple points i want to bring up to be a little different or different thought is that council has the responsibility you're responsible for what is happening in burnsville and are you accepting the responsibility if you get rid of the small town business our liquor store would be hurt by it you know and so then we won't be there anymore and then the other ones won't be there anymore and there'll be other bigger stores and you know bigger business and yeah that's business that's the way it is that's the market that's the way you feel i can see that and but you're not being responsible for the citizens of burnsville if you've worked at a liquor store or been around them or even just gather it you there's a sense of the community every store all the small stores have our people that come in and they're not i'm not talking about the people you know they come in every now and then or whatever you know and that that's part of their community and you're taking that away from them because we won't be there anymore it's just a big business you know and i think that i think that if you worked at a store or saw what we do you know when somebody comes in and maybe they've you know they're talking kind of loud and maybe they've had a couple i know in our store we pull another employee and we talk to the person and talk him down and we drive him home and then the other per we bring his car home for that person we also deliver and there's times that when we deliver we're probably you know we've been doing it for years and you get into that touchy areas the person you know been drinking and you know it's good to get them off the road i've had public police officers that have told me what a great asset you're doing you're keeping them off the street because they're not thinking right i've had people break into our store to pick up a six pack of beer sitting on the counter in a display they busted a thousand dollar window just to pick up a six pack and by the time they got the glass through the cans it's all over the parking lot you know so it my point of that is they're not thinking right it's a five dollar it's a three dollar bottle or whatever it is and they're spending thousands of dollars to break in there that's not you know they're not thinking correctly and and you know and with the delivery part you know we take and we'll have a family member call and say hey my mom or dad or my husband my wife whatever the relationship is is having a problem you know and we take the approach it's we understand that we're glad you called and you know we want to cut them off yes we will cut them off we are not going to be we are not going to err on keeping you know oh that's okay i'll sell it to him anyway he's not driving or she's not driving it's okay the point i'm making is we tell that person you tell your significant other whoever it is you know we are going to do it don't put us in the middle you know don't put us in the middle and you're going to hide behind them and we tell that person when they do call my point of it is when that person calls and wants to order we say you know what somebody in your family loves you a lot and they want to take care of you you know what i mean and you know that you've probably been drinking a little bit too much and we're we're not going to deliver to you anymore and that person is doing it because they love you they love you very much now do you think you're going to get any of that from any total wine or any of the big businesses that you guys you know that you're promoting you know it's the small businesses that are in the community that are part of the community and they're they're you know they've got the hands on they got the heartbeat of of the clientele that's in the area and each liquor store is is in the area because in the 1960s when they adopted that in the late 60s early 70s you got to remember i you know i people say i've heard people say you know oh geez you know we'll just i would never voted for that this is a stupid rule you know it's it's just anti-competition whatever you got to remember back in the 60s one there's you you're almost arrogant to even say something like that because there's people out there that in that time period the wife stayed home whether you liked it or not they had one car and probably half of birdsville was gravel roads i saw that in my own lives 42 is gravel road 42 wasn't even a main road burnsville parkway was they moved it from 136 down to 100 down to burnsville parkway because the 136th was supposed to go over the freeway and then the lobbyists or people in burnsville actually voted it kind of where uh sky oaks is or not yeah that was where it was supposed to cross that's when the freeway was going in you know i mean i date i know these things from the past you know and then for somebody today to say hey i'm looking back i wouldn't do that it's like well you know you probably would have because you know nothing was open on sundays either you know nothing was open you had to get your gas on saturday night when these laws are adapted now you don't want to look back and see what that is but look what it did it put a product it put a liquor store in the community within a mile of everybody that lived there and that was made it nice because then that store became that kind of community little hull if it may you know you see at minneapolis you might see a little grocery store in the corner well that's feeding them that's taking care of these people in that area you know and if it takes you know 65 000 people in our in our city you know and if our eight or ten stores or whatever i'm not talking about the burnsville center but you know the four or five or eight stores out here covering the area you know what's wrong with that is that is that such a bad deal if some business wants to come in he can buy me out you know he can put a store there he buys me out or he buys up you know they can do it that way so i just want to put a different approach on it to think make you think a little differently that you know you're voting and you're responsible for the citizens that maybe can't make that decision sometimes you know and it's nice to have a little liquor store there that helps take care of them before it ends up into a serious problem and they kill somebody on the road because they're not thinking right you know and uh i you know just want to make that point you know i i agree with all the other points and i'm not going to go on to all that you know i think you were very articulate in what you were saying and harper was very good about you know you know that point of view but i want to put a little human part of it to understand you're right now looking at the citizens of burns so not the businesses are coming there you should be looking at the citizens because alcohol harms more people than marijuana you know what i mean it is worse than marijuana and you want to restrict one and make the other one more liberal so that every gas station and every grocery store has it because every other state does it was that right we stood up years ago and made different laws and we were the stand up of the communities all the other cities you know so anyway thank you for hearing me thank you so much mr hiller um councilmember schultz i'd like to recognize some of the other people who are here first before you make your comments i would prefer to respond you want to respond council member schultz uh thank you very much um for your perspective on that rest assured council is not just looking at the business we are also looking at the residents i can only speak for myself i have no interest in placing higher restrictions on marijuana if that does become legal for adult use than for tobacco or or for alcohol so i'm i'm looking at them all as as fairly similar substances so that is not something i would like to see again my intuition tells me that our state legislature might might look at it slightly differently but i do appreciate the point of view that that you gave and looking at it as these are small community businesses and they're supposed to be in each little neighborhood and that that could be a possible reason for spreading them out i don't disagree that having all of our various businesses and having a representation of all of our various businesses throughout our city is actually a really good thing because we do want our city to be more walkable and for people to be able to get around that way and to be able to shop and live and work we are supportive of that i am neither more or less supportive of your business than i am of any other business which would include total wine or any other business we need to look at those businesses equally we really should not be looking at them in a preferential manner but we do value all of our businesses we do value our residents and i would also say that um just knowing my fellow city council members we might have a far more varied background and life experience than you might expect so saying that we might not have worked at a liquor store you might be surprised if you chat with some of us thank you mr john perrier okay i'm going to have you move away from this yeah i have a liquor store at uh county road 11 and uh and uh i also have been a burnsville resident for about 20 years now i'll probably let tony give you a little more information on some of the legalities we have but we're not exactly a free market business you know we're told who we can hire we can't hire when i can be open when i can't be open how i pay my bills when i pay my bills if the irs comes out at you it's for three years or five years minus seven years they give you a week or two to get your paperwork in order minus 30 minutes so it's not like it's not like a free market business i understand the regulations and i'm glad they're there because they help us compete in a fair way with what we have you know but i think you know on that map there the two largest cities in our state weren't on there minneapolis and st paul both of them have regulations on distance between other stores and it's something that it's kind of like well that's half the population of this state is under the same type of rules but i think um you know all of us are just worried about our businesses and trying to be successful and live in this community and and be part of it so i'll let tony come over and take over from there thank you thank you mr perrier um mr chesak thank you madam mayor uh city council a lot of pressure that he just put on me to try to wrap this thing up so thanks dave for that i don't know i've known dave for years um i run a group called the minnesota licensed beverage association so just give us your address c-h-e-s-a-k i live in mata midai i have an office in saint paul 475 aetna street suite 11 in wonderful downtown st paul um the trade association that i have been a part of for 21 years represents bars restaurants and liquor stores we don't have large corporate members of our association we are truly a mom and pop it's kind of overused but a small family business ran type of an organization and i've been the director for about eight before that i did all of our alcohol server training and on membership generation for about about 14 years and so i wanted just what what the business owners have to say i can never do a better job than they do because they run their joints and i just help them and i and i've been around the business my whole life um born and raised in a dairy farm in southeastern wisconsin but my grandparents and aunts and uncles have owned dozens of bowling alleys and restaurants and liquor stores and i've seen coming from a state like wisconsin where big box has truly taken over i'm from jackson wisconsin outside of west bend wisconsin i go back to my parents who's both health are failing simultaneously um there are no more independent liquor stores in my hometown there used to be hops and schnapps and then when hopson schnapps when piggly wiggly came in i got a bunch of fun names for you when piggly wiggly came in um what six months after pigley wiggly put in their beer cave hops and shops is no longer i've seen um recently i when when and i don't beat up total wine and more um i ed cooper and i are good friends and and they're just a big box group and and we deal with them as they come they're expanding more in minnesota and we welcome that but when they went to roseville three stores shut down um the most recent city to get rid of their distance restrictions were was maplewood maple had had a distance requirement and the hyvee wanted to come into maplewood for years but because they had a distance requirement every high v they put in minnesota has to have a liquor store in it and um our organization supports grocery stores and convenience stores having liquor yes we do don't believe to the contrary they're just certain requirements you have to have if you want a liquor store in your convenience store have a liquor store in your grocery store there are certain uh common vestibules separate entrance there's youth access issues that i think are maintained by the model that we have but a maple the hyvee was allowed to come in and they were not going to build in the old rainbow foods location on wiper avenue near highway 36 and they went right across the street from a a single mother of three and she is going out of business before the end of the year i just visited her a couple weeks ago and her business is down 75 percent due to the fact that they got rid of their distance requirements in the high view and right across the street st paul tried this a few years back to get rid of their half mile restriction um and go to a quarter mile restriction because of a license holder that wanted to sell wine out of his bottled wine out of his brewery and there was a big uprising from the community it was a big uprising from business the business community as well um we have class one cities saint paul minneapolis are are two of them and by population they're allowed x1 of liquor licenses off-premise licenses st paul has never come close to maxing out on their liquor licenses even though they have more to give they've never come close to maxing out with the census redo here they'll be allowed to have more liquor stores in st paul and there are no new requests for liquor stores i've talked to city staff leading up to this meeting today and there's been no indication that i've heard of of any large company wanting to come in to put a liquor store between two stores that are already existing there hasn't been a big public uprising from the constitute constituents that have said we need more liquor outlets if the ordinance was drafted in the late 60s early 70s that's 50 years ago and there hasn't seemed to be a huge demand for more liquor licenses than the last 50 years so i understand the argument moving things from on the planning commission for the city of matamida so i understand the progressive nature of what we have to look forward to but when you've got businesses in your community that have invested for as long as they have i'm glad you put together the task force i thought that was a pretty savvy idea and i'm glad you're listening to them like you kind of listen to a planning commission you don't have to have to adopt what they say but listening to that kind of an impartial group is a good thing um and i think their vote has been clear a little muddied with the 4-4 vote i understand that i'm sure you guys will get through that at some point in time but i just always remind i come to city councils occasionally i seem to spend more time at city council than do the state capital marijuana is coming you're right councilmember schultz is coming um i think i think copenhagen kind of screwed the plans up for for a good governor um we're hearing more about 2023 being kind of the magical year that that recreational cannabis every state that has adopted recreational cannabis usage have uh instilled distance requirements and restrictions on more terms of licenses for their cities so there is some training wheels or some parameters around controlled substances up to the other gentleman's point there are there's been a lot of tobacco restrictions lately st paul just disallowed liquor stores to have tobacco being sold menthol tobacco being sold in their stores saint paul has just passed an ordinance we have to be 21 to be in a liquor store you know apparently a guardian you can't come in that prevents youth access um i supported that i thought that was for a big city that was kind of a slick idea we are regulated um some folks feel that we may be over regulated but there's regulations on the substance for a reason and and um i applaud the license holders showing up and kind of stating their case and i and i appreciate the time that you've given me um i don't live in the community i've got a lot of members of my association in your community and sometimes they call me because they're frustrated and scared and i think this is one of those times when they're they just don't know why there's a need to get rid of the three-quarter mile the three-quarter mile has really never been challenged and if it is challenged and it may be one day councilmember schultz there's no doubt about it that one day that a licensed home might come and say i want to go right there but there are spots available according to city staff and and and you can buy it's been proven in burnsville your license is up for sale you can't buy your license you buy your business to listen to the city i understand that but there are things that are available for for entrepreneurs to come into burnsville and expand their their offerings um the tap rooms i deal with every liquor legislative issue from six packs and tote packs for breweries and distilleries um which by the way we're supporting you've heard it here second um the state legislature is is is certain that the retailers are okay with some of the expansion efforts from the breweries and distilleries and side reasons the wineries that need to happen it's not going to kill the independent liquor stores but but as frustrating as it is for some of you council members to see a liquor issue being heard a couple times in councils i've dealt certain liquor issues for 21 years the same issue things don't move quick with booze in minnesota there's no doubt about that and i think with some good reason of the product that we have and the restrictive nature of it and so um proceed with caution i think 50 years is going to be i'm not going to be here but i know that we won't always leave things better than we left them i'm an old boy scout for a reason and i think that that's uh that's a good idea to do but i also know looking back 50 years things haven't changed a whole lot with booze here in burnsville um but we have more offerings now the breweries and distilleries and the side reason the wineries can open up and have tap rooms and cocktail rooms and offerings and god forbid this year i can get these bills passed through the through the senate commerce it's going to be heck to do but i think i've got it we can allow some of these breweries to do more than they're doing right now and that's not always supported by our liquor industry if i say that breweries can sell a 12-pack i'm going to have some liquor stores that aren't going to like that and i get that i get that guys but it's one of those things trending parts of the industry that we have to pivot a little bit so um we always seem to be coined with the big the big bad liquor lobby it's me and two lobbyists and the guy that works in my office we're just a people we have a lot of members because we listen to our people we try to fight the fight so um i just wanted to come let you know that cities that have done this has been negative for the business community as a whole um and independent owners have been put out because of that and typically big box wins in these situations when you do get rid of these distance requirements so i've talked too much so mayor thank you for your time council thank you for your time and i'll hang out for questions if you've got questions or concerns i'll just be here for thank you mr chess and thank you to all of our liquor license holders we really appreciate that you are here because it is important to all of you and burnsville has always been business friendly now i know the history of what happened at the shopping center and why we pivoted and you all came in and we talked about why we needed to make those changes because costco wanted to come in it wasn't it wasn't total wine it was costco and we wanted costco and costco wasn't going to go to lakeville because lakeville is municipal savage is municipal apple valley is municipal but we're on we're not so we had to find a way uh for us to bring in this store that the community also want it you talk about what the community wants i'm listening i listen to all of you i remember when we did the heart of the city mr haltman and you thought your business was going to go down because we were going to add more density but your business got better when when um when we did the hardwood city any and and you're not mad at me anymore but the thing is we are business friendly and we work together because it is important that we hear you we see you and we understand the thing is we can always change we changed when we wanted to have costco and we all sat down together and we said okay this is an area that there won't be restriction and then total wine came in and well haskells came in total wine came in and there's more opportunities there but all of you were part of that discussion and at that time we also reduced the distance from a mile to three quarter miles you know that was something we did together and that's what a community does and so what i'm hearing from you and hearing from mr roush also is that these are small businesses in burnsville and they've been community businesses uh for a long time as mr hill talks about and i've been to all of your stores and uh i've seen how you care for your customers mrs copp i know what you do when you even around christmas is delivering things for your great customers so i do understand all of what you go through every one of you because you're part of the community and you've been around and you care about the community so i believe that we should leave the ordinance as is and i am grateful to the uh task force for including some other uh services and businesses that would help and expand our community because that is good and um we can always when we look to the future we can make adjustments as we continue to move forward but i would like right now as the task force the task force is there to listen to all of you and to bring a recommendation but just like the commissions if they don't have a unanimous then it is our responsibility to make that that that choice that vote and that's what we need to do so for me to move forward to keep the distance and to keep the freestanding building and there are opportunities in burnsville for other liquor store owners to come in and if they wanted to purchase your store that's also available but the thing is there are opportunities for other and they're not banging down the door and saying we want to go to burnsville and we're surrounded by municipal and everything continues to go well but when we do that whether we have a task force or not we will make sure that we make the decisions with you because you're part of our community and that's the way i see it and so i appreciate that you all stay engaged and that all of you are long-time residents of this community you know so thank you for that um councilmember schultz uh mr rausch no worries about batting cleanup you did it you were good you were you are you mean mr mr chesak you were um very good at framing the argument and um yes you you and your high-powered lobby firm i totally i believe me i i get what you're saying and i also 100 understand that for our business owners this is not an academic discussion this is your livelihoods and um and it impacts not just your livelihoods but how you interact in the community the things you do in the community and all of that everyone on council has an absolute appreciation for that both in appreciation for it just in general and an appreciation specifically on our businesses because they do interact heavily and they do contribute quite a bit to our community so absolutely i even if even if the task force is not going to bring something back in a manner that i personally want i do want to make sure that we are respectful of their work um they're putting in a lot of hours and time and so i do want us to be very respectful of that and also just for the record i would have voted no on costco because i would not have wanted to be preferential on a business and my view on that would have either been this changes for the city or it doesn't because we're not going to change it for one business and i'm not dissing any of my fellow city council members because i also understand that everyone everyone's very excited for costa costco to come in and um like most of my outfits are from costco like i you know i have a lot of love for costco um but again you know we have to look at things in a very impartial manner when we're looking at at these types of decisions so i i am i will not be making a motion but i will be interested in what motion [Music] or amendment that my fellow city council members will come up with on this because i do think we should vote on it yeah council member gustafsson well i won't make you make you wait long for that i didn't think so i i would like to make a motion that we do adopt the changes that the task force has agreed on coming forward and to retain the freestanding building and the three-quarter mile separation which was the two disputed items but they made a lot of good changes on a lot of things we don't want to lose that okay there's a motion on the floor is there a second may i make a friendly amendment which you can take or reject i know that's what i like about it uh my friendly amendment is that we then do away with the freestanding building but keep the other requirement of the three-quarters mile separation will you accept my friendly amendment not at this time okay councilmember workmen you have thoughts i don't know if anybody wants to make a second or not but yeah i'm not making that second at the moment i will make the second if nobody wants to make that second i'll second the motion okay okay now if you want discussion yes okay councilman um i don't remember how i voted on this last time i don't know why i just said that publicly but i don't because the meeting we had last time i think went about as long as this one and we had a lot of compelling arguments both for and against repealing and uh keeping this and i can honestly see both sides of this coin um and the gentleman from the beverage association made a lot of strong points um just thinking out loud if the if the concern is big box i think about where is big box going to go within the city outside of the county road 42 corridor and i can't wrap my head around that because i don't i can't see any potential places where they would come in that they're not already well established again i don't have a crystal ball if the concern is freestanding and we repealed that that in turn could then welcome in i guess more mom and pop shops but then i think about tired strip malls in burnsville and is a small liquor store helping redevelop an otherwise blighted area i don't think it does help but i also agree with a lot of what councilmember schultz has said tonight and i think we talked about last time so hi um i'm just airing out my i guess my thought process on this and um i the only comments made up here tonight that i agreed with the strongest was maybe tabling this and waiting until marijuana comes back around so that we can have an honest dialogue about this and that because i think the two are going to be fairly closely connected as far as how they're regulated and how they're perceived by the community but um so you're saying i don't know that that's just and revisit it later on i would like to come back to this again in the future and i don't know why i'm saying that because this is a contentious issue um but the motion has already been made so i can press there yeah there's a motion in a second and we need a fourth fifth boat uh madam mayor point and flip careful we just need a simple majority vote for the ordinance we need a super majority for the summary ordinance publication can you explain that because we have to we need four council members to vote yes to to publish the ordinance in a summary version so that the ordinance doesn't have to be published in its entirety it's a statutory report yeah but if we do a fourth fifth it covers both foreign that's what i'm getting at you know as long as i can if i have to peel it down i can i can peel it down but the thing is if i go for the the highest vote that i need covers everything well there um i don't think the motion included the summary publication so we would need to do it a separate motion so i need to have a motion uh for the summary so i need the first motion is to is to uh keep the uh freestanding and the distance and accept the work that came in from the from the task force yeah the the first motion that council member got made is to adopt the ordinance that's in front of you which keeps those restrictions and then i'll come back and get the summary motion which is a fourth fifth vote okay orgasm regardless who could recuse his motion in three motion well according to the attorney is that uh because of the way it's written we're going to have to go with first i think do you want me to amend my motion to include the summary mayor and council i think it might just be easier just to do it yeah that's what he's saying yeah councilmember schultz and so clarification um if this motion does pass it would include the the other recommendations that are in there that includes about the distillery and different things like that so just so for everyone playing at home yeah yeah that's the motion that that council member gustafsson made and keeping the distance and the freestanding okay so there's a motion in a second and clerk take the role please make this sense i keely aye sheldon no workman aye okay um councilmember gustafson do you want to make the motion for the summary or ordinance i would like to make a motion to approve the summary ordinance i will second that there's a motion and a second uh please take the role miss collins gustafson aye cows i keely i schultz yes hi thank you we have maintained the distance and the freestanding building and we have accepted the new additions to the ordinance okay thank you you guys all understand that okay thank you very much and mr roush thank you so much for coming in representing the uh the task force really appreciate it okay the next item is a very important item not that ever all the other items that we had wasn't important but this is very important and it's so wonderful uh to see your children here and they stayed up late and a little little taste of a public hearing uh you may have had them here for the garbage can one i know yeah item 5e is to ratify the employment agreement for the city manager greg lynn presenting this evening is our hr director carissa bartholomew welcome thank you good evening mayor and city council i have the honor this evening of bringing forward to you the item for an employment agreement for the city manager with greg lindberg so on april 11th we had a special counsel work session in which the council discussed a city manager employment agreement compensation for the city manager position and where to go with next steps with our city manager role at that point in time the council agreed to a city manager employment agreement everyone agreed to the compensation and the council was unanimous in their desire to appoint greg lindbergh to the city manager position so that evening they also provided an offer to greg lindbergh for the city manager position which he then accepted so this evening i'm bringing forward to you a request to formally ratify the employment agreement for the city manager position for mr greg lindberg thank you very much miss bartholomew and you know your whole family is here um miss mrs lindbergh and hannah and uh hey anders and haley haley and anders welcome and i know that you all wanted to make sure you're here to see your father uh yeah get ratified hannah is it past your bedtime [Laughter] but um members of the council i need emotion and then i think we need to take photos because we need to do that with uh with our city manager and then also uh have his family come here and it's wonderful that we have members of our staff also here our chief fire chief gentleman our police chief um tanya schwartz public works director ryan community development director jenny faulconer and we have chris larson director of of communications and community engagement and we have also have bethany uh brewer is here with our organizational development coordinator so thank you everybody for being here and supporting mr lindbergh so may i council member keeley thank you madam mayor um before we vote i just want to express my gratitude for uh greg coming to our city a couple years ago or so um in this last few months where we've experienced mr lindbergh as the interim we have seen not only an incredible amount of work being done but the real key is greg embodies better together teamwork collaboration open and transparent as good as anybody i've ever worked with and he has brought uh the entire city together with new processes involving more people involving department heads and supervisors and we as a council i think i think i speak for everyone have enjoyed this new process that's more open and transparent not only to the public but within city hall and um it's been it's been a a really remarkable 90-day period where an enormous amount of work has gotten done and uh i know he'll continue to do it but i i think it's fair to let him have a day off so he can rest once in a while and spend time with his family uh he's taken on an enormous amount of of things to to do right away and uh it's been just a joy to work with uh mr lindbergh and with that it is my honor to uh make the motion to ratify the 2022 employment agreement with uh before city manager greg limberg okay there's a motion second then and and sanctioned by councilmembers yes and then uh councilmember workman um i once again council member keeley took the words out of my mouth sorry i just wanted to congratulate greg i got a little dusty when i saw the kids walk in i've calmed those nerves but greg congratulations your amazing guy the entire council supports you in this role and we're collectively looking forward to the work that you're going to be doing with us and with this organization so welcome and thank you for picking us yes mr lindbergh it's my great pleasure to have worked with you and one of the things that i noticed when we had our all-day work session we agreed on some things and you quickly followed through with every one of them and and even in your weeklies are very detailed and they all go back to what we talked about so i want to thank you for your dedication and commitment um for all of us to work together and that we deliver the services that the residents and businesses of burnsville expect of us and you take difficult subjects especially when we're in the midst of budgets and you're not afraid to speak truth to us so thank you the other is that i am so proud that you're out there talking to all of our staff when you're meeting with our firefighters and our police and you're there for their briefings and also your at um um public works building and i believe tomorrow you're having a big meeting where you're going to be standing for questions and you'll be answering yep and so with that so mrs lindbergh thank you for sharing your husband with us because we're truly grateful uh for what he has done but i also know that it takes him away from you and the children because i believe last night he was doing briefings that police and our chief at 9 30 so you he didn't get home till probably very very late and up late he's been all over the place and i thank you for understanding the work that he has to do for us but also because when he's here you're a single parent you know and i understand that and so i hope you know that we care about you you're uh you're you're part of our family also and and with the children so thank you so much for sharing uh your husband with us yeah and to anders and haley and hannah thank you for sharing your daddy with us okay are you guys okay with that okay thank you so much so there's a motion and a second all in favor please say aye aye opposed nay and emotion carries now mrs lindbergh and children can you guys come forward so we can take photos and i think we have our communications uh director who can take those photos so and then we'll have a photo with uh with all of us because i think we have to moralize something so if you guys can all stand up and greg you and i go down here with your family because this is all of us together so we're scaring the children [Laughter] let's do one more here all right so well everybody if you can come up here and then uh jared can you take the picture because we need carissa and jenny [Music] okay are you sure one two three take one you so more thank you thank you choosing a dream [Music] aye opposing a and a motion carries okay our meeting is done children you can be loud