you you you 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 we have announcements our announcements have to do with all of our upcoming meetings we have council meetings scheduled for Monday March 2nd and that meeting is canceled and then we have a council meeting scheduled for Tuesday March 17th at 5:30 p.m. and then we have work sessions scheduled for Tuesday March 10th which is rescheduled because we don't have a quorum and then that will be for Tuesday March 24th at 5:30 p.m. all meetings are held here in the council chambers and so tonight one of my most favorite things to do is to invite our Lions Club up to the podium because we're at citizens comments and we have a presentation and I think lion Geoff Banky and our president lion Huddleston is going to be speaking and so welcome and we have all of we have Lions mr. mrs. Johnson is here too and so thank you for the Lions who are here tonight to make the presentation of the council thank you for letting us present tonight we have some really exciting news to share with you tonight I'll get into that just a little bit but my name is Jeff Behnken I am the first vice president have the president behind us Mike Huddleston and members with us so thank you I also want to thank the fire department they're here tonight because they're gonna be one of the benefactors of what we're giving tonight along with representative that oversees a party most of all so thank you for you coming tonight to have also be present so the birds wells lions clubs as you guys know I'm very heavily invested in the cities of Burnsville and savage but just to highlight a few things that we do in burns well we've helped out with a skate park in the past we helped out with a cliff fan park and a splash pad in the past and this six this spray we're excited that they all-inclusive park at Red Oak Park is going to be installed with we're planning on a grand opening probably mid summer for that it's a lot of really exciting things coming to fruition here our club we have 54 members with over 1.4 million members internationally so it's really cool our clubs mission we focus on five areas and those areas are community youth seniors environment and health and tonight we're presenting a check to you and it's really going to cover two of those missions with with the youth and the community so we're really proud to go along with the burns Wells model that you belong here our mission is to help the community and support different adventures and we're going to give the city $39,000 tonight on behalf of the Bertha Lions Club [Applause] so if I could I'll just say one more thing there this $39,000 is really broken down into four areas 24,000 if it's going to go into the youth for the skatepark they've wanted a shade shelter for a while there's no trees or anything over there they need a shade shelter the vertical lines are committed to the youth $8000 is going to go to the Burnsville fire department for a new honor guard that they're gonna start up another $5,000 to the fire department for fire stops it's a fire prevention tool they have it's already I know it's already stopped some fires in Burnsville and finally two more thousand dollars to the Public Works Department if they're gonna have an open house in May which coincides with this with national public's work week so thank you very much [Applause] [Laughter] [Applause] so the next item is citizens comments is there anyone in the audience who wishes to address the council on an item that is not on the printed agenda and not an application form that will be coming before us at a future date is there anyone who wishes to address the council seeing no one we will move on the other is additions to the final agenda and this is for emergency items only do we have any emergency items no madam okay members of the council okay thank you we then move on to the consent agenda the consent agenda is a group of items that's to be to be voted on with one motion and these are for items that are regular items and considered to be routine and so is there anyone in the audience who wishes an item on a consent agenda to be removed for a separate discount discussion and both my watch is telling me I fell but I didn't so I had to tell it no I did not fall or or the fun the fire department would be coming through the door so okay so members of the council the consent agenda is a group of items that's considered to be routine is there anyone in the audience who wishes an item to be removed for a separate discussion and vote do we have a staff need to pull anything members of the council councilmember kini okay may I have a motion for the balance please there's a motion and a second all in favor please say aye opposed say nay and the motion carries item 4c used to adopt the 2020 focus area and resolution granting the city manager authority for the DB be executive committee appointment council member Keeley thank you madam mayor a simple request I'd like to break this into two hearts a motion to accept the focus areas for 2024 the council and staff and the second item resolution for the city manager authority to appoint DBB executive committee to table to a future meeting or lay it over for the next meeting okay so you would like to adopt the the 2020 focus areas and the resolution and on the issue of the appointment of the staff member you wanted to come to a future meeting the resolution appointing Dakota to appoint members lay there a staff a staff person Lexie okay so we'll get that to the next meeting okay so I'm confused what's going okay for could this be explained how is this being split and happen what what is going where so to me is confusing okay the motion is to adopt a 2020 focus areas and to adopt that the resolution to grant the city manager authority for the DB be executive committee appointment is the one that's being laid over to a work session for further discussion okay got it okay are you okay with that I am okay so there's a motion then yes yes councilmember Gustafson we're all we're doing is ratifying what we did at the all day work session yeah we're already members of the DVB we're not going to be getting out of the DBE anytime soon we need representation there we're also we're doing this give an authority to our city manager to actually do what we told there to do at the all-day work session so I don't I don't see the end with the end result of this is if you want to talk about other things other things aren't on our agenda that's correct and for me that's the way that I see it all so it's this is only allowing the city manager to make the appointment of a staff member now if we want to talk about the two items at the last work session where we talked about the eye net and a/c net those are separate discussions that we can then bring it forth to a city council meeting to further understand how the last vote went at the executive committee meeting for the dbb and our city manager talked to all of us about that and it there was a separation so we can bring that back to a city council meeting to have further discussion if we don't understand what that item was all about and maybe councilmember Gustafson who is our representative on that executive committee can speak more to that and then we also have our staff liaison who is just being affirmed in this resolution group so I think so councilmember Gustafson would you like to address that the contracts on our agenda I think it's inappropriate to try to tag it on to this part of the agenda we haven't seen the contract yet I know some of the changes that have been made which are we're planning to come to our council where we're gonna have an open discussion all that but to withhold our staff member from being there was actually a very important part of the DVB I don't I don't see why that means to happen we're still a member don't pay our dues and we're gonna be paying as long as that contracts to the force and we need representation at the table I understand people want to have a talk about the contract itself well then let's get it on the agenda and let's get it posted so the proper people can be here to address it when it happens but this is an add-on it shouldn't be happening on this particular thing that is not what the part of this agenda is alone no I agree because the agenda is only about the focus area and a resolution to give the city manager the authority to appoint the staff member so council member Keely well I'm not talking about the contract overall my position is I don't want to make any other decisions related to dvb until we have that broader discussion and this seems to be more of a housekeeping thing but I don't see the necessity of the timing of it right now I think mr. Venables has been serving on that committee for its inception a years so from that sense yeah this seems like a an item that isn't really time-sensitive and I'd like to have the broader discussion before we make any other further decisions including this one council member hschultz I would support holding off on that conversation since we're not going to talk about the contract which I'm trying not talking about the contract although I will note that the information that I have from the city manager because I was a very specific question because we wanted the I net and the C net so for separated and I can it was confirmed that that is not what happened so if the only way that I can at this point show my extreme concern I'm moving forward with anything is to withhold us granting the city manager the authority to do the executive committee appointments I'm willing to do so say again you're willing to allow the city manager to do the appointment oh no brakes are on okay so you don't want to have her make that appointment of our staff member to the DB B I think we need to have other discussions before I take one single step forward okay council member Keeley did you have a surprise I think I've stated my position clearly I'm I'm I think any decisions related to dvb need to be held off until we have a broader discussion on the future of our desires and and what we want to see in the contract language etc I mean I respect council members Gustafson's position and councilman Schultz this isn't going to prevent mr. Venables from showing up at a meeting as he has for the last nearly a decade so I think this is an item that can wait until we have a broader discussion okay council member workman do you have any thoughts um I tend to agree with my colleagues based on our last work session to where we are today there was not quite what we had discussed materializing into what we had asked to see as a board and so on I agree that I don't want to make any more decisions on this particular item until we have had a opportunity as a group to hash through what it felt like our collective preference was and what it seems to be what the trajectory of this board is on and as long as this doesn't implicate mr. Venables or anybody from Burnsville continuing to participate I don't see the need to push this forward at this time as I look at this all this is saying is that we are just affirming what we directed the city manager to do and that is to appoint a staff member to the dbb and so I think if we want to talk further about the CNET and the inet we can have staff bring that item before us at a work session so that we truly understand the direction that it is going so mr. Venables can you please tell us what that last meeting was all about and then councilmember Gustafson because you were present at that meeting that had to do with the discussion on the eye net and a CNET madam mayor and council members if I made a what point of inquiry yes if we are not going to talk about the contract disappears that we're talking about the contract so either we are talking about the contract or we're not talking about the contract but it isn't about the contract I think one of the things is the difference between the C net and the eye net and that was one of the items that during a work session we directed staff to bring our thoughts to the dbb and that's what I'm just asking for clarification because that was brought up at the last meeting but it has nothing to do with the contract because we already signed the contract to the joint powers agreement it is however madam mayor germane to the iru which was at the heart of our discussion and so I would agree with councilmember Schulz I don't know why we'd want to go any deeper tonight this is simply to move this to a later meeting where we can have that broader discussion I don't think councilmember Gustafson was looking to have this in-depth conversation tonight well I wanted out to me it's not on the agenda so yeah I don't well I'm just trying to clarify because the city manager is doing exactly what we directed her to do at the all-day work session and we have the authority to change our direction and that's what we're doing right now thank you okay and there is a motion to adopt the focus areas and to hold the city manager's authority to appoint the DB be represented up to the executive committee so there's a motion in a second all in favor please say aye aye opposed say nay nay okay so the staff if you can now bring the item back to a council meeting please yes madam mayor will do them okay thank you and now we move on to the regular agenda and the first item of the regular agenda is the approval of the economic development commission work session and presenting this evening is mr. Eric Newman and good evening and welcome in your packet is the EDC's 2020 work plan for your approval but before we get to that just kind of want to walk through some of our 2019 we're playing accomplishments so we reviewed the economic development strategic plan so every ABC meeting review the progress on what's happening with our strategic plan city staff walks us through the development and redevelopment monthly monitoring reports those through those meetings we reviewed the open to business progress this is a great asset to the business and businesses in Burnsville and I think for wanting to is locate or even come to you know reside in burn self review the center village vision plan this was adopted back in January 2019 one of our development meetings we do that finalized plan they're reviewed your City Council's let it's a vibe titled legislative agenda items reviewed and recommended type 9 the industry industrial equities reviewed we had a joint council meeting with the city staff madam mayor and the council here on development tools and the changes to the development tool policy and that was adopted so we'd be looking forward to looking at that point further and then we had several joint meetings with the Planning Commission and as well as City Council many of them were as you can see here transit oriented development we had a mark you know sort of River quadrant we had this thing create the parking study and then this Center Village traffic study I think we've got a full plate for 2019 yes very and thank you so much very well done yeah we we had a fall 2019 and I thank you for all of your engagement and all of this because we made some good decisions and we adopted those economic tools then we went forward into our 2020 draft work plan to draft just kind of indicates three items that weren't pulled forward from our 2019 work plan we have a TIF 8 industrial equities that was not certified so I wasn't carried forward yeah thank you incubator possibilities most of our focus was on the strategic plan so we didn't move an forward for 2020 and then we have that correct the Burnsville commercial real estate council there's always a few members that have always been pointed to that council every year but at those meetings no events have happened in the past several years and we kind of in lieu of having an annual meeting there's been things put into place like the monthly email blasts commercial real estate to find our map on burntzilla website as well as you even can look at the development project map on the work site and then I think there's a more focus in a broader marketing campaign kind of looking at in 2020 so necessary to pull up the brick we've done for for 2020 so moving into our 2020 work plan kind of some targeted areas were focusing on as the sustainability sticker or workgroup we have two members of the EDC on that on that group they held their first meeting in January and I think coming up we'll be in in March to gonna give their input on you know updating that sustainability plan well again mrq update as we progress through that title 10 zoning update these changes coming through on title 10 so review that and provide our comments on that plan when that comes up and then training so any trainings that are feel necessary redeemed for appropriate for Economic Development Commission I mean we already took one myself another member of the EDC as well as Jamie our economic coordinator did a Udine a mobile tour through Edom you know even as economic Doyle meth Association of Minnesota throw your bullet or you Dinah look at how they changed Southdale Mall and surrounding areas kind of the vision were kind of looking for here that burns in so as I already those are very interesting training yeah Ted Soho trainings in the past last year WSB did economic don't let one-on-one as well as Ella's came into the business subsidies training back in August so kind of going on to our ongoing tasks kind of working through our economic devotes to GT plan says you know there's five items there to ensure sustainability of County Road 42 in the corridor I think we're looking to appoint two members to the Center village workgroup there to kind of help with Burnsville businesses come into that be more engaged in in those meetings and understand how the businesses feels but Burnsville to the improvement of the school district 191 continuing development with the heart of the city and then for enhance and build awareness around the city existing housing and commercial programs and develop new programs you know one good one we just mentioned is open to business is a good one anything that else that pops up and number five continued the city's position as a regional destination so all these items wherever necessary for the EDC to fit in will bring it to our attention opened a business review that usually everywhere we had January we had the MCZ D Co the all came in did a little more deeper dive presentation to us kind of give you gave us more statistics on what happened and what kind of the focus area of Burnsville small businesses and kind of how they help those in the city of Bell County residents then always will review the City Council's legislative agenda the comp plan whenever necessary cop one twenty Twenty twenty forty plan it's my assistant review necessary and I one thing we put on here is ribbon-cuttings so invite EDC members as appropriate to any ribbon-cutting does there are two welcome new businesses or I think as a volunteer for that kind like Development Commission I think it's and I resident a burns oh I think it's great to kind of show our support as well as madam mayor and the City Council the shoulder support to businesses residing in in the city of Burns oh so with that that's kind of our 20:28 draft work plan and thank you for all of the work that you do and that you have about formula for new tasks on your agenda for 2020 and you have some things to finish and to continue so I thank you for that and thank you for the advice that you all give us on an ongoing basis it makes work easy for all of us we do it together because we're better when we do it together so I thank you for that and please extend our appreciation to the members of the Economic Development Committee Commission yes anything else so members of the council I need a motion to adopt the 2020 Economic Development Commission work plan ocean second there's a motion and a second all in favor please say aye all right opposed say nay motion carries thank you so much the next item is the approval of the Planning Commission's 2020 work plan and presenting is Planning Commission Chair erica henderson and welcome commissioners they certainly add to our planning their experience and insight but they have I also wanted to thank you too for allowing me this opportunity to discuss our 2019 accomplishments and the proposed 2020 work plan for the Planning Commission and finally I would like to express on behalf of the Planning Commission to staff our gratitude and appreciation for all the hard work and dedicated service that they do for us as well so to start the 2019 accomplishments where we review the sign ordinance and regarding to the temporary signs and banners we determine the building square footage minimums in the B for two zoning district we held our annual Sol solar ordinance review we also did a one-year check in with the staff regarding the Cu P PUD administrative review process we discussed the county road 4042 redevelopment visioning and implementation and also the parking ordinance update thank you so much for all of the work that you all did because as I said also to the EDC Commission you know when we do this work together we are really better because we have all of your thoughts into all of the all of this Anna County Road 42 development visioning and implementation was a big lift in 2019 yeah and so thank you so much in the parking ordinance also which we already adopted so thank you so much and as you notice that when they come from you within a unanimous it goes on our consent agenda because you've done all of the deep dive into it so thank you so the proposed 2020 work plan the items include the implementation of the 2040 comprehensive plan again an annual solar ordinance review implementation of the economic development strategic plan and the Tod ordinance implementation of the county Road 42 Redevelopment Division vision excuse me zoning ordinance updates relating to the lower Minnesota River watershed district plan the zoning ordinance amendment relating to the parking ordinance update building perimeter landscaping landscaping requirements and open space on large parcels farmers markets and temporary seasonal sales and building extreme building expressions so both staff and Planning Commission recommend approval of the 2019 accomplishments in the proposed 2020 work plan and I can stand for any questions councilmember workman I just have a quick question I don't know if it would be for your staff but how much longer are we gonna keep our solar ordinance review on our work plan like that's been there for five years okay thank you and so at the annual review the City Council or the Planning Commission can choose whether or not they want to see it again for the next year at the discussion this year they agreed that there's still new technologies that are coming into the market and they would like to be updated on how many solar permits were reviewing each year and what those new technologies could mean for our immense and handsome so yeah it would be decided annually whether or not to continue to review the ordinance and Miss Mann I really believe that we need to review it yearly simply because of the statement you made about new technology and that continues to change every year and we need to make sure that we're up to date so that if new technology comes in that would help we need to make those amendments to the ordinance thank you thank you okay is there anything else okay miss Henderson thank you so much for all of the work please extend our gratitude to the members of the Commission we really appreciate the work that you do and the last meeting you had which had to do with mix juice was a really interesting discussion so we're going to be looking at that because we had a split vote yeah mm-hmm okay thank you yeah thank you and members of the council I need a motion to approve the Planning Commission work plan so motion okay councillor Schultz makes the motion councilmember workman second all in favor please say aye opposed say nay and the motion carries okay this item is the application of the city of birds'll for an amendment to city code title 10 zoning chapter 7 12 14 15 22 22 C and 24 and this is to make minor amendments related to clarity and cohesion or topics including but not limited to residential trash screening residential net density standards standing seam metal roof collector Road reference and allowable uses in the commercial industrial and mixed use district miss Madden so he had a split vote Planning Commission wanted to move forward with everything else but they wanted to see the hospitality the hospitality industry to come back because they didn't think it belonged in mixed use yes madam mayor good evening members of the council and so at the Planning Commission public hearing on February 10th the Planning Commission did discuss the proposed ordinance changes as housekeeping items so there was some discussion about the mixed use and whether the hotel motel transient guests youth should be a permitted use within the mixed use zoning district and so there was heavy discussion on this topic and a consensus wasn't reached about how to approach it so the end motion was to approve the ordinance with removal of that hotel topic to come back for further discussion the staff recommendation of the change of this to be a permitted use and the mixed use zoning district came about as part of the 2014 conference of plan implementation as we rezone several properties to mixed use and as three of those reefs owned properties did hold hotel establishments as well as the proposed being used being allowed in the heart of City is owning district which is a separate zoning district the mixed-use development style so that was the reasoning behind that as a housekeeping change some of the discussion at the Planning Commission meeting was whether or not this change was a larger issue than a housekeeping style change of a text amendment to the ordinance and that the in motion was to approve the ordinance with that modification to remove that section of the ordinance I can leave that with you for a discussion that is the motion on the table and what isn't represented in your background packet is that proposed ordinance that reflects the recommendation of the Planning Commission so if you were to wish to change that that would need to be reflected in your discussion so miss Medan so it's an out comp plan and they reviewed the comp plan and passed the town plan and recommended approval to us yes this item was also in the center village plan to have hospitality approved like in the mixed-use development of the center village I remember specifically conversation around the Sara touch site to have integrated mixed-use where it could be a hotel and office and that site so I was perplexed and that's why I had emailed on Sunday miss Falkner and Miss McCauley about what happened here because from my perspective we have vetted this so councilmember Keely why repeat what everyone would say is you know we envisioned a hotel in hearthis City we envisioned and put in baked into the plan a hotel in the mall area and and some other areas where we've done other things like lift the building height than etc so it seems kind of a foregone conclusion that they should be included because if we exclude them it's conflicting with our bigger plan number one number two if if a developer were to bring a hotel project to us today without this in there we'd forced them to jump through more hoops to do something that we're actually desiring them to do so you know I think it's a it may be the conversation with the Planning Commission just sort of got off on that subject and and maybe pulled you know they wrap their heads around it without maybe reflecting back saying wait a minute we've kind of already did this right with the whole the broader plan the 2040 in the mall so I don't I don't see a reason why we wouldn't just yeah I adopt dick said and put it back in yeah because it's in the comp plan yeah it's in the center Village plan we all had that conversation so I was perplexed so I also believe that we can make a motion to adopt the plan as presented by staff without setting it back to the Planning Commission is that correct mr. Dominic you are quitting there because we have done this so councilmember workman and then councilmember Gustafson thank you I just wanted to speak to it I think I interpreted when I saw the Planning Commission meeting and I think there was concern that we do have some mixed use zoning districts that are close to residential and I believe the Commissioner with the dissenting vote was worried about a hotel going up near residential without the ability of a public hearing but I think everybody knows that the likelihood of a project that size coming through these doors without a single variances not very likely really impossible pretty much impossible so I not as concerned about that particular item I just wanted to give at least my interpretation of what I saw and I do think that that is a valid concern but I don't see that happening if there are variances it'll come before us but this is about adopting what we've already talked about it so I'm comfortable with the initial staff recommendation on this item come to remember Gustavsson I'm also comfortable with what this the initial presentation from staff was I mean this was also an economic development tool of ours for growing the city it means it affects so many it affects our residents and it affect tourism in fact it affects our CVB I mean all these different things play into it's the overall picture of this Wow and we are well set for something like that to happen in our city and we need to yes I we're gonna need to clear the way let's put it that way in a mixed-use development in the center Village plan and name County Road 42 corridor are all different kinds of uses I live in an urban setting in our city that's mixed-use with all kinds of things if there was if a hotel came in it would not be intrusive trying to attract work yeah so we've done everything and I don't see the need for the Planning Commission to do anything else since we've already done everything it's adopted in a complan so members of the council I need a motion to adopt the the the staffs recommendation including the mixed-use having hospitality hotels motels in bed and breakfast establishments so moved second member gustn makes the motion second by councilmember Keely all in favor please say aye aye aye opposed say nay and emotion carries members of the council there is nothing else to come before us this evening and a motion to adjourn is in order Wirthlin amazing emotions that can by councilmember Keely all in favor please say aye aye opposed say nay and the motion carries good night and thank you for being with us you