Regular City Council - 17 March 2020

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you you you good evening everyone 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 there is no one in the council chambers so we're going to stand and pledge allegiance and then I will explain what's going on here at City Hall so we will now stand moment of silence and the Pledge of Allegiance I pledge allegiance to the flag thank you everyone for joining us this evening in this unusual way in these most unusual circumstances we are all experiencing this coronavirus crisis together as you know government agencies schools businesses and organizations around our country are being asked to take extraordinary measures to protect our communities from the spread of the corona corona virus known as co bed 19 here it's city of Burnsville our number one priority always has been and continues to be the safety of our community and our staff with that in mind on Saturday March 14th I signed a proclamation declaring the local emergency due to the risk of the koban 19 global pandemic this declaration will allow city staff and Public Safety officials to quickly put plans into place should community containment or mitigation strategies become necessary and may provide our city with access to additional funding or resources it will allow us to respond to and recover from this situation as quickly as possible we are committed to complying with recommendations from the CDC state and federal government to protect everyone's health current recommendations call for everyone to practice social distancing as much as possible after thoughtful consideration we have decided that the best way we can aid in that effort is to temporarily close all city facilities and cancel or postpone city organised events and programs rest assured our dedicated staff will continue working to provide public service as quickly and effectively as possible via phone and email and that brings me to tonight's meeting which is mostly being conducted virtually all of our City Council members are joining us via phone we invite members of the public who may be watching this meeting online to call in if they would like to contribute during the public comment portions of our meeting if you would like to speak during the public comments you may call six five one three seven two eight two nine nine and let me repeat that number six five one three seven two eight two nine nine please note there is an audio delay if you are watching us on TV or online so if you call in so if you call in please mute your video broadcast first the city clerk will note for the record that all council members are present and with that I will now move on to the first item on our agenda and that is the announcements and all of our announcements have to do with our proclamation with our meetings and we have one proclamation regular council meetings are scheduled for Tuesday April 7th 5:30 p.m. and Tuesday April 21st at 5:30 p.m. we have a work session that's scheduled for Tuesday April 14th 5:30 p.m. we also have scheduled a joint session with ISD 191 school board and is currently scheduled for Thursday April 16th at 5:30 p.m. but it may be postponed we have a special work session that was scheduled for Tuesday March 24 24 and that has been cancelled so all regular meetings are held in the council chambers but please be aware that things may change welcome be flexible and nimble and pivot as we continue to experience this pandemic together so our proclamation is for us u.s. census day April 1st 2020 whereas the US Census Bureau is required by the US Constitution to conduct account of the population and provides a historic opportunity to help shape the foundation of our society and play an active role in American democracy and whereas federal and state funding is allocated to communities and many decisions are made on matters of national and local importance based on census data and whereas census data helps determine how many seats each state will have in the US House of Representatives and is necessary for an accurate and fair redistricting of state legislative seats and other voting districts and whereas Burnsville is committed to ensuring every resident is counted and whereas the information collected by the census is confidential and protected by law and whereas it is vital that all households in Burnsville complete and submit a census form because every resident of our community deserves to be counted now therefore be it resolved that I Elizabeth B Kouts mayor of the city of Burnsville on behalf of the city council do hereby proclaim April 1st 2020 as US census day and urge all residents of Burnsville to submit their census form and be counted proclaimed this 17th day of March 2020 the next item on our agenda is citizens comments is there anyone who wishes to address the council and an item that is not in the printer to get agenda and not an application form that will be coming before us at a future date mr. Venables is there someone who wishes to speak at citizens comments so they muted okay we have a member of the public who is in the queue and may be unmuted at this point and so to our resident if you wish to speak on citizens comments please let us know but first unmute your line so two that resident who do you wish to speak as citizens comment or are you interested in another item of the agenda interested in another item of the agenda of the agenda okay can you tell us so that we know to come to you at that point it's just Mike Richter from transit image and consent item 4v okay very good thank you very much so you're not necess you're just making sure that 4b goes forward because it's on consent correct okay so we will mute you again okay thank you okay so we don't have anyone who wishes to speak and citizens comment we now move on to the additions to the final agenda and we do have one emergency item under funny to be added to the fine agenda and miss miss Kelly that item is thank you madam mayor staff would request that council consider a resolution to extend the period of a mayor declared local emergency this was included in your council packet but we would ask that you officially add it to the agenda okay may I have a motion to add this item to the agenda moved okay councilmember Gustafson makes the motion second second by councilmember workman and now everyone you know that I'm going to need roll call vote all those in favor please raise your hand and so the clerk can recognize and say aye all in favor please say aye opposed say nay and the motion carries thank you this item will be added to agenda item 5c and now we move on to the consent agenda the consent agenda is a group of items that's considered to be routine and will be enacted by one motion however an item and the consent agenda can be removed for a separate discussion and vote is there anyone in the public who wishes an item to be removed for a separate discussion and vote I don't believe that the gentleman wants to pull the item on the consent agenda in my correct he's just interested in making sure that it moves through okay correctly okay thank you so much and then the next miss McCauley is there an item that staff wants to be pulled for a separate discussion in both no madam mayor okay members of the council an item to be pulled for a separate discussion and vote may I have a motion please to adopt the consent agenda working to adopt the consent agenda councilmember Keeley makes the motion second it's like invite Councilmember workmen all in favor please raise your hand and say aye all in favor please say aye all right opposed say nay and the motion carries thank you and the clerk has you know unanimous vote of the house thank you so the consent agenda is adopted and now we move on to the first item on the regular agenda and that's 5a and this is a public hearing and this is a resolution to adopt the second half 2019 code enforcement assessment mr. porcelain our licensing and code enforcement coordinator is presenting this evening mr. porcelain madam Eric councilmembers I hope the light of the week's news everybody's in good health and with their families and I hope that continues that way what we're here to talk for tonight is the public hearing for the licensing law enforcement special assessments we do have a city policy that addresses this issue special assessments are fees and I guess cost items for code enforcement items such as mowing charges Riaan speck ssin fees or late license fees for example and this would cover the second half of 2019 which would be from July 1st to December 31st 2019 as part of our process on February 18th council called or creation of the rolls and collared for the public hearing which is tonight what we did at that point was up to that point had we had mailed notices of assessments hearings out on February 21st to each affected property owner with those unpaid cohhd cohhd fees and also some details on if the property owner chose to object to those fees we also invited all property owners to an open house on March 4th 2020 to discuss if anybody had any concerns or additional issues with that we had nobody appear to this date any property owners wish to object must sign any written objection at the time of the public hearing or couldn't waive their right to appeal to best my knowledge we have not received any written Appeals and at the time this submittal we're looking at a sum total of five thousand one hundred ninety dollars now which is substantially decreased from the last time yes and what we're recommending is at this time staffer poorab council approved the resolution and move forward with the assessment okay so I also want our public to understand that due to the köppen 19 health pandemic some residents may have limited access and not be able to comment at this time so the council will be accepting comments and written objections for the record on this assessment for an additional ten days until Friday May 27th March 27th so that everyone understands that so because of the unusual circumstances we find ourselves and we're making the exception and an extending so members of the council do you have any questions for mr. porcelain okay very good with that I would like now open the public hearing and I now open the public hearing and is there anyone who wishes to speak to this item mr. Venables is there anyone online okay there is no one online and there is no one in the council chambers and so with that I will close the public hearing and again reiterate that due to the Cova 19 health endemic some residents may have limited access and not be able to comment so the council will be accepting comments and written objections for the record on this assessment for an additional ten days until Friday March 27th with that I will close the public hearing may I have a motion to adopt madam air have a question for clarification in the extension of the ten days for those two objects what is that date on the calendar ten days from today I've March 27th okay I'll make a motion to adopt the resolution approving the assessment roll call for the role for the code enforcement assessments from July 1st 2019 and 7 31st 2019 as proposed with the additional ten days to allow folks to file an objection against ok there is a motion on the floor may I have a second please I will I will second that motion because with the affiliate with the extension absolutely absolutely okay any other comments discussion with not we have a motion and a second all in favor please raise your hand all in favor please say aye opposed say nay and the motion carries and the clerk has a unanimous vote of the house ok thank you and thank you mister for Islan thank you and great work it looks like some things are working well in the way that we are communicating and working with our residents absolutely you're you've changed your letters also thank you for humanizing him and it seems like it's working well and collaborating with our residents and getting getting the compliances thank you thank you mr. foresman we now move on to the next item and the next item is another public hearing and this is 5b this is a resolution vacating utility and drain easements at 1 0-0 5k Marlene as dedicated on the plat of orchard gardens Country Club Edition and presenting this evening is gen desert our city engineer good evening mayor City Council so I have a brief presentation just to highlight the issues on this plot of orchard garden Country Club addition there are drainage and utility easements along all side yard and all rear yard and there are ten feet wide on the plat so this shows just that there throughout the plat our typical easement that we dedicate on plots are five feet wide but in this particular plat they were dedicated at ten feet on both the side and the rear and then also a lot eight which is the subject of this vacation at some point time acquired ten feet from the neighboring lot lot nine and so in that acquisition they also acquired an additional ten-foot easement so on their side yard they have 20 feet of utility and drain and just the easements when it's typically just five feet we looked and saw that there was no utilities in that easement so there was no need to have such a wide easement so like I just mentioned it's an extra-wide easement that's not needed and the applicant found out about this when they were trying to expand their garage so they wanted a garage addition and we're running into this extra wide easement Dakota electric was the only utility owner that had any concern and their concern is the 3-yard they have overhead power in the back so we wouldn't be Cate the backyard he's meant we weren't proposing to do so so the staff recommendation is to vacate the 20-foot utility and drain easement on the east property line but then dedicate five foot drainage and utility easements on the side yard which is standard and 10 foot drainage and utility easements on the street side which is also standard for questions very good members of the council does anyone have any questions for Miss Dez rude seeing none I will now open a public hearing mr. Venables is there anyone in queue to speak to this item okay we have no one in queue to speak to this item and no one in the Chamber's to speak to the item I will now close the public hearing members of the council may I have a motion to adopt please cuckoo there's a motion on the floor okay and there's a second so councilmember workman and councilmember Keely all in favor please raise your hands and say aye all in favor please say aye opposed say nay and emotion carries thank you we now move on to item 5c item 5c is a resolution to extend the period of a mayoral declan declared local emergency MS Mascola madam mayor and council you have the authority madam mayor to declare a local emergency that can be in effect for up to three days but then the council needs to ratify that action we have before you a resolution which would memorialize that action would then invoke our disaster plan that we have in place with that I'd be happy to stand for any questions members of the council you have questions for our city manager miss Lee seeing none may I have a motion please to adopt and randomly a declaration councilman Ricky Lee makes the motion second second by councilmember workman and may you please raise your hand may all in favor please say aye aye opposed say nay and the motion carries thank you so much members of the council there are no other items to come before us this evening and a motion to adjourn is in order councilmember Gustafson makes the motion second second by councilmember workman all in favor please say aye aye opposed say nay and the motion carries thank you everyone for being with us this evening stay safe and stay healthy and enjoy your isolation