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 we have some members who will be presenting online and members of the public may attend in person or the public can watch the meeting uh online at burnsvillemend.gov meetings or comcast channel 16 or 859 the public can also participate through zoom by joining us at zoom dot us slash join more information is available on our meetings webpage and in the council's agenda packet [Applause] the next item on our agenda is our announcements and presentations our announcements have to do with all of our council meetings and we have one really special presentation this evening our council meetings are scheduled for tuesday april 5th at 5 30 p.m and tuesday april 19th at 5 30 pm we have a work session that's scheduled for tuesday march 29th at 5 30 pm and tuesday april 12 at 5 30 p.m we have a special work session for our budget and that's scheduled for tuesday april 5th at 6 00 pm in the dakota b room and that's downstairs and we also have a special work session which is a quarterly round table with our um team leaders and our city manager and that's scheduled for tuesday april 26 at 5 30 p.m and that too is in the dakota b room unless i say that the meetings are in a different room all meetings of the burnsville city council is in the council chambers so tonight it is a very special night for us here at the city of burnsville and that is because we're here to recognize the burnsville high school girls hockey team and i'm going to do that from there and we'll have coach leopard and the team come forward and receive the certificate of achievement and then we'll also take some pictures but let me do that from that side so on the city council and with our city manager and our leadership team we talked about what has been going on at burnsville high school because one of the things that we do know is that there are many young adults who share the values of respect and belonging that we have here in the city but also one of the things that we appreciate and value is your determination setting goals to be excellent one of the things that we talk about internally in operations is that we collaborate we innovate and we excel and that's what you all have done so today we welcome and recognize the burnsville blaze girls hockey team the stories that we have heard have been really exceptional and there's a time that i hope that we will hear some of those stories because the way your team came together is unbelievable from what i have heard you all had four young ladies joining a team who had no hockey experience have never been on skates and here you are but you are an incredible team and you had an incredible season to celebrate with 24 wins and to top it off um you started your season with a specific goal and accomplishment and accomplished it with an appearance in the class double a state tournament on february 26 and you took home the class 8 consolation trophy they're remarkable mayors members of the council so behalf of myself and members of the city council our city manager and our staff we want to thank you for being a positive role model your dedication to your team and your involvement in the community so tonight we want to present you with a certificate of achievement that's presented to the burnsville blaze girls hockey team whereas the burnsville high school athletic department promotes important lifelong skills such as teamwork dedication confidence and leadership the blaze girls hockey team are role models for younger hockey players in our community and the burnsville ice center has served as the home of the blaze hockey for 50 years whereas the 2021 2022 blaze girls hockey team completed their season 24 6 1 and whereas the team earned an appearance in the class a state tournament accomplishing a goal they set at the beginning of the season and whereas on february 26 2022 the team won the class double a consolation trophy and now therefore i elizabeth couch mayor of the city of burnsville on behalf of the city of burnsville our council and our staff to acknowledge the achievements of the 2021-2022 burnsville blaze girls hockey team and congratulate them for their hard resilience and persistence through such an accomplished season season presented this 22nd day of march 2022 and i'd like to ask um either the team captain or coach leopard to give us a a small summary of this incredible team so is there because i have heard the story but it's not my story it's your story and i think our community needs to hear your story and i think the rest of the council would like to hear how you accomplished what you accomplished okay coach slipper you better come up and do this because we need to move along we do have an agenda to accomplish this evening as well well that's your mistake is let me talk yeah um no this is uh chase yes thank you very much for inviting the team here obviously we've got girls that are doing other sports and working right now they could not attend but it's a just an absolute pleasure to come to burnsville and to work with the student athletes that they have that have joined hockey over the last three years this group is extremely special because it's been plagued by injuries illnesses the entire season we're at one point we had 12 skaters for a game out of the 27 out of the 75 days from the start of practice to the end just before playoffs we had all 27 girls there twice and they were two game days because of everything that was going on we had a few with concussions but these girls here they kept going all the time and when somebody was injured or hurt other players stepped up took their spot it really was in my opinion is the essence of what team actually is because when somebody was hurt or missing another player stepped up and didn't just play like okay you know it's my opportunity and so no they played with full effort and full heart for the girls that were next to them on on the bench or in the locker room they drive each other to the ranks they drive players home i think burnsville this team is should be like it is honored today but um brizzle should be very proud of the girls that played hockey this season and in the past and these are truly remarkable people that are going to do remarkable things in their lives thank you thank you and i'd like to have the team come up please and receive the certificate of achievement and then we're all going to be over here so we can take pictures so who's the captain of the team okay come here uh uh so and your name is um the whole team i think they're not sure they're supposed to come up the whole team should come up the whole team this is just the top of here okay [Music] congratulations good work [Applause] wonderfully done thank you okay the next item on the agenda is 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 not an application form that will be coming before us at a future date is there anyone who wishes to address the council anyone who wishes to address the council ms collins is there anyone in queue no matter okay thank you we then will move on the next item on the agenda is additions to the final agenda and this is for emergency items only mr lindbergh do we have any emergency items nothing from staffner thank you uh members of the council and then um we will then move on to the consent agenda and a consent agenda is a group of items that's considered to be routine and will be enacted by one motion however an item on a consent agenda can be pulled for a separate discussion and vote is there anyone in the audience who wishes an item to be pulled for a separate discussion and vote yes please come to the podium and give us the name of the um item that you wish to be pulled for a separate discussion supporting the lake marion gap project okay very good council members oh yeah i sent an email a couple weeks ago yeah we're gonna i'll i'll call on you once we adopt the rest of the agenda okay city manager lindbergh is there anything from staff nothing from staff members members of the council may i have a motion to adopt the consent agenda without item 40 i think it's for four yes second there's a motion and a second all in favor please say aye aye opposed saying a and the motion carries thank you 4s as a resolution supporting the lake marion trail gap uh federal funding application and uh mr barron please thank you madam mayor and council members um i sent an email a couple weeks ago regarding a couple concerns that i have this you know sunset pond we love sunset pond we've lived there for decades and it you know does need some improvements um the gap project you know certainly could be it will be part part of what the pond needs to you know to improve the path possibilities uh there are two main concerns with the proposed project the first one being the path with and separation eight feet for the bikes six feet for the pedestrians and this weekend was i felt strongly about this last year um you know when pedestrians were truly using it we have our winter folks but this last weekend when the weather was nice i mean the path was just packed with people and it's people using the full width of the path it's you know families with multiple straight strollers toddlers bikes um little back to the future skateboards you know one family had grand you know grandparents and a dog stretched over not 10 feet not 20 feet you know they they used you know 30 40 feet of the path so if we're trying to keep these people away from a bike lane that and we've had our conversations ryan said you know oh well we'll we'll stripe it so the pedestrians will know where to go back to why are we making the pedestrians on the defense to come to nature and walk why can't we come up with a solution that still maintains a place for the pedestrians to walk safely and not have to be on guard for 20 to 30 mile an hour wheeled vehicles coming at them we discussed multiple options and i you know get the feeling it's the grant that is saying greenway has to be this you know free money is free money but if it really you know is it the detriment of the park and the pedestrians i i don't see it being worth it the other component of the other component of what is going on at the path is we have a speed problem already at the path and the e-bikes and these skateboards have certainly magnified that but in the proposal softening some of the trails are only going to allow that type of vehicle to to go even faster i you know i have a paralyzed dog that was run over by a rollerblader um and that's not even motorized um it's just this the pond is so you know such a wonderful place and such a nice part of nature in burnsville and so heavily used by pedestrians you know i don't have a percentage but they outweigh the bikes significantly and we do have to co-exist but i just don't see how this plan makes sense going for a walk and constantly i mean a bike can lap the pond in 10 minutes so that means you see somebody that is doing laps in just one bike on a regular frequence frequency you get multiple bikes back there which they do they come to do laps um you know you are constantly on your left on your left on your left and that's i mean i run so i'm back there daily um my kids went to hidden valley and eagle ridge i mean we have on your left we have a lot of families that english is their second language they don't even understand on your left if the biker actually decides to stay on your left it just what whatever happens i would hope would have more you know placing the pedestrian relationship asking for more width for the pedestrian i i more thought into this process okay you know putting the stripe down i've run on you know been on paths where bikes bike lanes are stripes the bikes own that stripe you walk on that side they're not too concerned about having to dodge you um it's just it seems like more more could be done to coexist as opposed to giving this to the bikes okay and uh you know letting the pedestrians deal with it especially in the concept of doing this the full length around the pond um it's it just it really will alter the enjoyment of walking around the pond because you're going to constantly be watching out for somebody running you over yeah thank you for writing to us and thank you for coming this evening to talk with us mr peterson i believe that your community engagement on this process continues thanks madam mayor uh so the item tonight is a resolution of support to go to the federal solicitation to try and get the funding to complete the lake marion trail greenway yeah we've got it completed to the south and we got to the north we have this gap in the middle and our parks master plan calls for making connections and trying to connect parks like this we supported the county's lake marion greenway system which showed it going through the park so mr bear and i have had a lot of discussions as uh indicated there our first plan did indicate a full separation we had the existing path and then we we described constructing a separate path for the bikes to be have their own deal where we'd be completely separated and understandable mr baron was very much against that because of the natural resources and how big the width would be so understandable uh but we we started at there and then based upon his and others who commented we went back to the single multi-use trail that would be widened and i think striping it would be effective because if you do have uh people coming up at least you kind of know where to go if you're a walker you're going to make your way towards the walking side if you're a biker you make your way towards the vikings ryan i mean this is happening so quickly you don't have time and especially when you're spread out over such great distances i mean the children that aren't right next to their parents the uh you know it's so miss baron uh well i say that this process continue because tonight all we're doing here is to approving that our staff can go out for this funding okay other otherwise you know they won't be able to go out for the grant so as we're doing this so they go out for the grant that process that community engagement process can continue and my hope is that everybody can come to a resolution we might not get everything that we want out of it but at least we walk away that there is a solution for walkers for the pedestrians and for the for folks on wheels supporting it as it is is putting pedestrians at risk at risk and as far as i knew the process was done it's being presented you know they get the grant it happens um you know this is also all fallen under kovitz so i mean a community involvement and they've tried they've you know but you know we haven't had a lot of face time you know to talk through this it's just it is it's something that could be a wonderful addition to the pond it just needs to be done you know in a matter that doesn't yeah i'm going to ask one question of mr peterson and i have council members who also want to make remarks mr peterson this is this the end of the process that we're going out and getting in the grant and so um what is being designed now is what is going to materialize if we get the grant madam mayor council members so you've also authorized us to study so the first part we studied it was the lake marine trail gap on its on own and then you've uh secondarily directed us or approved a item to look at the west side of the pond as well because that side is actually in worse condition than the east side is where the where it's generally shown where the lake marine trail or greenway would be so we still have to get through that whole process um to when we're looking at that side because if if we get the dollars for the federal grant we want the trail to be built all at one time and so it all works together well we have these places where it comes together we want that to work well we're also looking at the buildings with that and the size of the parking lot so i would say we still will be having a lot of discussions mr barron's throwing out a one-way bike path around there and i'm i wouldn't throw that out as not a possibility at this point but what we're trying to do is get funding to build a 14 foot wide trail on the east side to be paid for by the federal grant that is shown as he said correctly six foot wide for the walkers and then eight foot for biking and how exactly uh that comes together when the west side of the path that's that's ours alone is yet to be told but we do need to apply by middle of april in order to have a chance at the federal funding and dakota county is a big partner of ours we wouldn't be talking about this but for them and wanting to get this done and they're not here tonight but i would say they would say that they would not be a project partner unless it would go through the uh park in some manner um and they got one of the really cool parts about this is it sounds like we'll be able to build the trail over the railroad track so um that's just on the north side of um sunset pond park and that made them uh very excited that we could potentially stop uh um overcome that barrier and then we could get residents from that part of town and the west of there down to there and i would point out that in their experience um likely more than half of the new users would be walkers so this is we're not building this purely for bikers but um you know the counterpoint could be well if you're gonna invite these new walkers here we need them to be safe as well so i i do get that um my opinion is is the striping will help because you'll know generally where you're supposed to be but uh we're trying to attract as many people to our high value resources and amenities that we can and make those connections and that's what this project would do okay councilmember workman thank you ryan just have a couple points of clarification so for the walking path being six and the bikes being eight is that an algorithm based in something i mean how do we come to that calculation so if we had a two-way biking we'd want at least four feet of each side for bikers to cross and then the remaining portion would be uh for walking and the the wider we make it the more impact there is the more easy it is to go faster um for the point so we're and more natural resources we'd be um impacting so that's that's basically how we came up with it um so i agree there could be definite situations where there's no one coming and you'd have walkers walking where the striping is for what's supposed to be for biking and then they need to move over when they come and i mean we've all walked trails many times and i i see a lot of that in different locations well into mr barron's point i mean i have young kids and i think we've all been through that and when they start learning how to run and walk they might get 20 30 feet in front of you and then that scenario that you mentioned can happen and has happened you touched briefly on the logistics of a dedicated bike lane next to the walking path but that wasn't feasible that was um i would say a vast majority of the residents who did respond we i think we had good outreach myself indicated they did not want that method it would impact more of the natural resources it gets closer to the homes so that was appeared to be quite unfavorable back when we built the lake marine trail further south i'd heard more that's what was wanted so that's what we went in with and then it was totally based on public input that we changed uh the method that we were going to do this so the public input has has made a big difference and if i i could um you brought up a good point about um both you have about the challenges with younger kids and so we also are planning on constructing uh a sunset pond park bypass that would allow bikers if they don't want to deal with the people who are potentially making it slower unless safe it's also very unsafe for a biker who if they hit someone and they go head over t kettles that is very unsafe for them as well so someone who's really trying to move through there and not enjoy the beauty of the park will likely take the bypass and that is a off street trail in burnsville parkway and then a um we'd be using the bike lanes on uh or the the shoulders we'd call them shared shoulders on judicial road and they are striped off it would require very little cost on judicial road um i do i could bring up the graphic if that would help yeah please do it and i'm sorry i don't know how to interject without being inappropriate but so right now we're trying to uh just keep components to what ryan is saying the the bridge we're going over the train tracks already you do the burnsville jiu-jitsu judicial and it's done um people do not come to the pond to go one way they come and do laps so it's you know it it is you know something that you you know have somebody that's back there for you know a dozen laps right now mr barron um okay i'm sorry i need to have um mr peterson uh respond to the questions from members of the council i apologize i'm sorry so um yes mr peterson because i also have uh council member schultz who also have questions and i know there's more work and a lot of that work can be done out of this perfect sorry yeah this space because we have other things on the docket this evening yeah is the graphics yeah now we see it yeah sounds good so the the concept is this is where the walking path already or the multi-use pass already exists and then uh we we originally had shown a secondary path that'd be for biking only going through here like we said we got negative feedback on that so then we just the current concept is we would widen this out to that 14 feet with uh six feet would be on the inside so the walkers would be on the inside towards the towards the pond and then it would be um two-way biking on the outside so that's those two four foot lanes and then the six foot for walking and then um if you like i said if you uh didn't want to um if you're if you're just trying to get by quickly uh we would also be constructing an off-street trail on burnsville parkway and then you could use the shoulders on judicial road which are like eight feet wide so they're nice and wide and when i just when i discussed the getting over the railroad track that would be here where there we appear to be able to actually fill on top of the tracks and then that would allow residents in this area to get down here both walking or biking and then use the existing trail here and then when i referenced um studying the west side uh we are also now then studying the west side of the pond so that if we do get the funding we could construct all of this with one project and have it all make sense not with piecemeal that sort of thing at the same time and hopefully serve everyone the best we and the can is to that we're going to approve tonight is to um is to finish the lake marion this is the gap the grant would would be to fund um for proper williams drive this is where the existing trail is now uh and this would be an off street shoulder or off street in the current boulevard where sidewalk is cross over the railroad track use the current configuration here and then complete this uh the city and county would work on funding this outside the grant and then the city likely would be responsible for the funding to do the trail on the west side if that makes all sense yeah if that all makes sense okay councilmember schultz the question for mr peterson uh no actually uh so my question is for you uh if if you could have your solution put in place what would that solution be well and i you know it's just ideas but i you know widening the path you know 12 i would you know i would love to not see a road back there i mean i love the park um but you know widening the path to 12 feet i'm sorry i'm being fractured here you know do the bypass burnsville to judicial because that gets you know if anybody that connection is ever made that gets our our true bikers out of the park you know widen the path fix it all the way around designate you know i would i wouldn't stripe it i would mark it so you know bikes had one side pedestrians had the other side that gives the bikes a heads up they don't own things they have to watch out make the bike travel one direction one way and it actually counterclockwise would be better because then they could use the gentle slope down into the we call them the woods down into the woods to go to the train track as opposed to the steep hill that is on the east side that is only another you know it just builds your speed but um so i'm sorry 12 feet 14 feet one way bike travel counterclockwise market so we know whose side is whose and everybody needs to be on guard so we're not you know designating ownership that doesn't have to be you know attention doesn't have to be paid okay okay i i appreciate that greatly um so the the bi so this path is going to be widened to 14 feet rather than 12 feet which is you know fine i just don't like asphalt but you know if 14 feet would be even better it is just a matter of you know not turning this into a bigger race track than it already is you know softening the corners you know widening the path giving the bikes a lane that they know is dedicated to them but is going to have people you know and there's going to be people and pets and strollers and there's going to be things in that lane that you know that if they're not watching for they're going to run into and i scare people running and i don't run fast but you know trying to come up on somebody on your left you know and they're dodging to get out of my way you know and i you know these e-bikes and things the skateboards can go 30 miles an hour now and it's completely unchecked so widen the path and go counterclockwise one way for the bikes and yes is what i'm hearing so okay i mean we could do we could do one way on the bike path but then you get into issues of enforcement and i'm not super excited about getting into that we don't have the personnel yeah we do we don't which if which if you then if you can't enforce it like you shouldn't do it it's kind of that military thing of never give an order that you absolutely know will not be obeyed because it just is you know but it is it's even morale but it's even like what you you did during coven where the walking was one way um you know signage and it was yeah well everybody wasn't super excited about that either well i you know it was i i had to run clockwise or i fall over i have to run counter clockwise or i get in trouble but um you know it's no you're not going to get everybody to do it yeah but even if 50 of the bike travel was coming one direction so you knew when when and where to expect or where to expect it from if it's 60 70 it you know it is going to be up to you know the bikers to you know to choose to whether to do it or not but if we don't give them you know 66 percent of the path i'm sorry that's math and then yeah but you know it it's it you know we're just giving them the pedestrians are losing in this equation um and you know they're losing you know the the freedom and the tranquility to walk back there constantly be on guard so mr barron and members of the council uh why don't we just have mr peterson and his team continue the community engagement tonight we're only looking at giving staff permission to go for the grant that's all what we're doing tonight the rest of the tactics on this particular uh project is going to be ongoing and that's where mr peterson and his team will have community engagement but we thank you for coming in and sharing your thoughts with us so at least we know that you want uh a 16 foot width and counterclockwise the thing the problem for us is that if you're going to do that then we'll have a lot of phone calls about people going the wrong way and we don't have the staff we do not have the staff to patrol we don't potentially better than injuries though yeah so we'll we'll continue to have you all work together through all of this tonight um it is um to give permission on the grant application one last thing we are losing sunset pod it's depth is gone it greens up earlier every year stays green all summer long just on your radar just thank you i our staff is on top of that because we do know what's going on and we also know about uh what's happening with regard to the depth and also with the with the weather oh exactly so so our staff is really on top of all of our water bodies thank you thanks thank you very much yes mr peterson thank you so much members of the council i need a motion to give permission and adopt the resolution to support the lake marion trail gap federal funding application so moved council member uh gustafson makes the motion second second by councilmember schultz all in paper please say aye aye opposing a and emotion carries thank you the first item on the regular agenda is the agreement with carbon solutions group to install own and operate electric vehicle charging stations at city-owned facilities and assume ownership of existing electric vehicle charging stations and mr peterson this is yours and you're going to introduce our guest yes thank you uh is the jody mcdevitt on the zoom yes yes okay sounds good we'll uh get to you real soon so uh like as we said the um we're here tonight talk about uh exciting really exciting thing for our sustainability initiatives and that is potentially be able to get electric uh vehicle charging stations in around town at various facilities uh with very little um capital needed by the city itself so i'll i'll be presenting and then uh jody devitt representing carbon solutions group will be making the proposal and uh then i'll finish it off so i got the first couple of slides so uh burnsville sustainability plan uh 2020 uh our update part of our fleet and equipment section includes a strategy slash goal of increasing the number of electric charging stations in public parking areas and this proposal tonight meets that to a t so i heard about plymouth being the first in minnesota and to install a network of vehicle charging stations and i got jealous um and we're trying to be on the leading edge and someone beat us to it but what what i heard about the program i'm like we got to try to figure out if we can get that done here we heard about it that it was 100 stations no cost of city no maintenance and we learned some more on a webinar and it appears to be true that what they're offering up and so with that i would turn it over to mr mcdevitt to talk about the proposal welcome mr mcdevitt and we look forward to hearing your proposal this evening thank you very much everyone i apologize i'm actually speaking to you from my car uh uh like like the hockey coach said i also believe in in the student athletes so i'm outside of my son's college lacrosse game so we'll make this uh hopefully make this somewhat fast yeah can you still hear me okay yes and i will change the slides for you right okay right you can go to the next slide quick introduction my name is jody mcdivit i am with energy management solutions we are as a quick introduction we are based out of excelsior we are an independent energy consultant so we we work with our clients to save them money make them money regarding all things energy regarding this specific program as mr peters may mention it's by a company called carbon solutions group so my company actually partnered with carbon solutions group to take kind of the forefront business development on this specific program the the overall vision for carbon solutions group with this program is working with both private and public sector across the united states to install and own and operate electric vehicle charging stations next slide please so a couple trends i'm not going to spend any a lot of time on these but this is a trend regarding electric vehicles from bloomberg new energy when i first started in this industry back in 2015 i was having these conversations and trying to convince folks that this company called tesla wasn't a fad and that the electric vehicle was here to stay so i think this this third-party study by bloomberg new energy uh kind of hits home to that that the uh the upward black trending line are the sales of uh electric vehicles versus the blue downward trending line for the electric vehicles and the electric actually the the electric vehicle overtakes the sale of the the passenger gas vehicle in the year 2038. next slide please the next slide's a very busy slide but it's by a gentleman by the name of warren mcdonald with evaadoption.com warren is kind of like an eevee guru that takes all this third-party information uh compresses it and puts it in nice little fancy charts as we see here the takeaway for this chart is essentially talking about technology and i think that we all know that technology has a wonderful bell curve i forget name the bell curve but it starts out with the uh uh you know the the innovators and then you kind of go to the early adopters and then you kind of cross over the chasm to uh main street and lauren's predicting that the year 2028 is when we cross with electric vehicles cross that chasm to mainstream so that's just that's just a couple few years down the road so the next slide the next slide really hits home and i encourage everyone to just go google uh you know whatever vehicle you drive and electric vehicles and you're gonna get a press release and public press releases from the oem the manufacturers stating what they're doing regarding electric vehicles how soon they're doing it how much they're investing the the automobile manufacturers have committed already to 330 billion dollars investing in electric vehicles so the market is coming and it's coming fast next slide please so as you probably already experienced with the the couple charging stations in town uh there's a lot of things to consider if you want to own and operate charging stations number one is the cost right you have the budget do you have the 820 50 100 000 for just the station plus all the installation uh who's responsible for any type of driver support when the driver has an issue or a concern what about the station health these stations are technology so they do trip offline every once in a while so who's responsible for fixing the station and doing upgrades to the hardware as well as upgrades to the software what about the reports for your you know your esg goals your sustainability goals who's responsible and how do you go about generating those reports and that last bullet point kind of hits home what about stranded assets this is rapidly evolving technology for electric vehicle charging so charging stations that you have in the ground today are definitely going to be different in five years ten years from now so are you going to purchase a a charging station and have a stranded asset and the quote on this slide really hits home it's from one of our customers it's a grocery store customer in ohio and they said we thought that we wanted to own and operate charging stations we are a grocery store company not an electric vehicle charging station company right they still want to offer the amenity they want to attract the ev driver to their specific locations but they don't want to deal with everything else that i just mentioned these bullet points so next slide please so the solution is essentially and hopefully this no cost no risk electric vehicle charging station program when it comes to no cost it's that's that's exactly it there is zero the the city of burnsville will never be in a position to pay a penny regarding this program and i want to stress that again zero cost not a penny carbon solutions group covers all capital costs so they pay for the charging stations the electrical drawing the permitting and the entire installation from transformers or electrical panels concrete pads trenching boring energizing and commissioning these stations they also cover a hundred percent of all operational costs operational cost being the big one the cost of electricity you know who pays the decode electric bill or the excel energy bill the second being because these stations are smart stations there's technology attached to these so they cover the software fee which includes the cellular communication fee and i want to stress that again because we don't need to access the city's uh wi-fi or internet i'll sell your technology and then finally carbon solutions group covers all service maintenance and warranty work into the future okay uh to maybe make it a little a little bit more attractive there's also a profit sharing component where carbon solutions group will pay the city a a dollar amount associated with every percent of utilization above five and they've determined that five percent utilization is where the charging stations really kind of break even so it's six percent utilization so 440 some hours a year you make a bonus payment for every charging station and as the utilization percentage increases there's six seven eight nine ten etc your annual bonus payment also increases uh we've looked at a lot of your locations carbon solutions group i think is very exciting they're looking at installing different levels of charging stations as well so level two stations in some locations and up to 180 kilowatt high power charger uh in the downtown or the hardest city city area regarding upgrades and expansions that's all on carbon solutions group kind of as i just alluded to in the last slide uh you know they're they're gonna want the ability to come in maybe six years seven years eight years from now whatever it is and and maybe remove a charging station and install whatever the latest greatest newest charging technology is at again no cost to the city of burnsville obviously you can meet your sustainability uh and carbon uh reduction in greenhouse gas emissionary goals we talked about that uh if the city wants to get very creative carbon solutions group is open to co-branding maybe uh fancy artwork or a new logo or a saying that we can do a vinyl wrap on the charging stations uh and again this really is an amenity to attract the ev driver i tell folks all the time there's there's a there's a slight economic development component to this program as well and the reason i say that is when i'm out and about you know on my sales calls uh between meetings or what or whatnot i'm always going to one of these ev driver apps okay now the eb driver apps if i click on an app it shows me where charging stations are installed so if i'm between meetings i'm going to pull off of the i'm going to pull off of the freeway go to the heart of the city park plug my char car in get some electricity or some juice in the vehicle while i'm doing that i'm probably going to walk down the street and grab a cup of coffee or a sandwich or maybe even grab lunch so again a slight economic development component as well to pull some people into the city not only just for residents or for your fleet vehicles and that last comment is is spot on once again a hundred percent zero risk you're never in a position to pay a penny to carve to carbon solutions group there's no underperformance penalties there's no lack of charging penalties they're assuming all risk next slide please so how do they make this work there's a couple ways uh they make this pencil out or they make this way work first of all they're going to take advantage of any federal tax credits or incentives that may be coming down the pike the second is they're going to take advantage of any state or local electric utility incentives the third is obviously they purchase charging stations at a wholesale price so they're getting discounts uh for accounting purposes they do accelerate depreciations on their projects and finally you know number four and five is they're going to charge the driver a fee to charge their vehicles now that fee is going to be about 10 or 15 cents above the cost of electricity the blended cost of electricity what that means in in in the minnesota twin cities areas is that's going to be right around 25 to 30 cents per kilowatt hour of charging okay uh for folks that don't know what that means for uh what that means in regards to the mileage or or rate i give a true life example the largest tesla is 100 kilowatt hour battery if that vehicle is completely empty we are literally pushing that vehicle to the charging station to get that vehicle from zero state of charge in the battery so empty to a hundred percent completely full it would cost that driver thirty dollars to charge that thirty dollars would get that vehicle about 350 miles down the road so when you compare that to gas gas is easily double if not triple that rate so still significantly less than the price of gasoline to drive the equivalent mileage okay the second way they're going to charge the driver is this summer they're going to be releasing a subscription model it's completely voluntary for the driver but a driver may purchase a five dollar a month subscription or a ten dollar a month subscription what's that what that's going to do is get them a discounted rate so instead of paying 30 cents a kilowatt hour for charging for example they may pay 25 cents a kilowatt uh per hour of charging or it may also get them x amount of kilowatt hours per month included kind of like your old cell phone minute days where you you purchased a bucket of minutes and if you went over those minutes you just you paid the difference or you could upgrade to the next tier that will be the the general concept of their subscription model again completely voluntary next slide please the next slide just shows you different levels of charging and what we really hone in on as electric vehicle drivers is that second to the last point the approximate range miles per hour of charging level one stations we're not even talking about i just leave that up as an example the market's moving away from level one so we're really looking at level two charging stations that put in 25 miles of range into the battery and that's what you already have installed across the city and we're actually going up to 180 kilowatt stations we're kind of on that on that border of dc fast chargers to ultra fast chargers where if you plug into one of those 180 kilowatt stations it's literally zero state of charge on a battery to 80 state of charge on the battery in 15 to 20 minutes if not quicker depending upon the vehicle okay these charging stations also will charge every vehicle on the market except a tesla however tesla owners typically have a converter if a tesla owner doesn't have a converter i guide them right to tesla.com they can purchase a converter for 99 okay and put it in their trunk but again most tesla owners already have that converter next slide please these are just examples of charging stations and kind of get an idea of the footprint a lot of these are dual port stations so level twos will charge two vehicles at a time the the fast chargers won't will charge one vehicle at a time because the connectors there's a competing technology asian manufactured vehicles versus european and american manufactured vehicles so the fast chargers typically only charge one vehicle at a time that's today that will also probably change in the future but this just kind of gives you an example next slide and the takeaway from this law is really there's minimal work from the city perspective we look at the sites we analyze the sites once an agreement is executed with carbon solutions group we will hold a kick-off call with your staff that kick off call and that might also be with excel energy as well as dakota electric because they're going to have some work to do on these sites as you can imagine but carbon solutions group their project management team really takes the entire project and they're going to work with the city on uh permitting they're going to work with the elect the local you know utility on electrical drawings and designs and upgrades to upgrades and enhancements to the infrastructure they're going to reach out and work with local electrical contractors for the installation so i also want to stress that again we welcome the introduction to any local electrical contracting companies that you may know uh we can work with them on doing the installation and then finally you know commissioning the charging stations and the technology both hardware and software carbon solutions group will be responsible for that into the future next slide timeline people usually ask me how long does it take a good rule of thumb is about six months if not longer and the only reason i say longer is we're at the mercy of the utility sometimes we are at the mercy of local permitting and all i can say is supply chain issues they they are real uh for example i know excel energy they have this big gray cabinet they call it electrical cabinet where they put uh equipment in they're they're having a hard time sourcing those electrical cabinets uh but i'm pretty confident that we can get some stations in the ground uh yet this year if not we would launch again probably next spring next slide sorry all right um i'll take over the presentation from here i got about two left so the here's be the locations that we would be talking about uh they would take over the stations we own in the heart of the city and then put in that one dc fast charger there we'd get them at the city hall in the ice center we'd be collaborating with the ice center project that we're preparing now so that we don't tear up something we're just going to be building uh down at crystal lake beach and lac lavon fields allen magna park we'd get them at the maintenance facility this wouldn't be for the city's vehicles but for someone who would want to park there red oak park north river hills park cliff fem park crosstown east i really like this one it's surrounded by a lot of multi-family housing so if you live in apartment this will give you a chance to own electric vehicle which uh i'd be real excited about sometimes the cost of charging is an impediment to owning those if you don't have a garage so all the stations would do that but this one we specifically located there i would you know if you look at the map it's definitely eastern burnsville uh focused um there's just more draws there right now more regional parks i would say we if if we go forward when we should we redo keller her park we would definitely talk with them about trying to get them in there the project we just talked about if we expanded sunset pond parking lot i'd try and get them installed at that location at the same time so we can get a little more geographical balance but right now this is we have more of the attractive the parks were getting more people on that side of the city so that is why we're doing that and so it's anyway that's the locations we're proposing uh collaboratively with with uh jody there and then real quick this is what uh i'll go through this fast uh here's my takeaway on the on the agreement it'll be a 10-year agreement so they would have the right to get their return investment over those 10 years then it can be five-year automator re um approvals it's not exclusive so if we decided to change our mind uh and we wanted to compete with carbon solutions group we could put our charger right next to them so i don't foresee that happening but it doesn't keep us from allowing us to do it ourselves if we wanted to that's not our goal of this deal but uh there'd be 25 charging stations about 50 chargers total because there's two for most and then that includes taking our ownership of ours parks facilities hoc uh and then as he said no city capital operational maintenance cost or responsibilities that's truly what it's what we're all real excited about we'd be working on those locations collaboratively they do all the work including billing and then we do receive some profit sharing sharing after they become profitable and then as i said i would expect that same one year deployment to get them all in place with that uh that's my summary and uh we stand up for any questions uh councilmember workman thank you uh very good presentation just quick question on um i guess like general liability exposures complaints customer interaction if they're using these and there's an issue is their resource going to be directly to you or us or is that discussed at any point in this process yeah if i can handle that typically when the driver is at a charging station and there's an issue they can either use their app on their phone or they're going to actually call the toll-free number and get a human being on the other line to talk about you know the potential issue the human being on the other end of the line can actually the technology permits them to do an over-the-air start of the charging station what a time to be alive okay uh councilmember gustafsson yes my question is how does this play with what's going on in washington right now with all those charging stations they're about to build all over the country and do you qualify to even get any of that type of grant money yeah that's that's a great question and i think everyone is waiting to see right i mean the federal government is stating that they want to invest in electric vehicle charging infrastructure what does that look like no one knows right there's there's rumors and rumblings that every state is going to get x amount of dollars towards that and then it's up to the states to figure out how they distribute that do they do rebates do they do their own charging infrastructure and i think there's just a lot of unknowns uh and and we're of the mindset that could take two three four plus years before some of that money starts trickling down to the local municipalities okay council member keeley thank you madam mayor uh i know recently um in our tab updates the mpca was using the volkswagen settlement money to install a lot of charges around the state but they're really focused on more rural areas out on the interstates and highways for densely populated areas private sector companies like carbon solutions i think are going to fill a lot of that need but uh it may not be necessarily on carbon solutions uh radar to go put in you know charging stations out on the open highway out in the rural areas of the state i think that's where the government money's going to be concentrated but it'll be good we'll have private sector partners with with some public money and uh and and be able to offer these electric car drivers options because if you're in a tesla it's somewhat limited you really you really just plan your route to the super chargers because anything less than that takes so long so i'm delighted to see that you're doing a level two and the dcfc chargers for us i mean it'd be great it's great to have some of those fast chargers in our city thank you mr mcdivot you one of the things that you mentioned in your presentation is that being on a highway or off the highway burnsville is where the interstate divides and you know all of our parks are not right off the interstate and i was talking um one of our businesses was asking me well what's on your agenda and i told them about this particular one and he said to me would they be open uh to putting a charging station on private property now i said i don't know about that that's something that carbon solution would have to have that discussion with the private sector but i said this is what's going on in the city of burnsville so i don't know my question to you is are you also negotiating with private property uh that are closer to the freeway i was thinking like the shopping center is close to the freeway you can exit and then you can get back on the freeway they're closer to the freeway and there's a lot of coffee shops and everything as you were saying charge your vehicle and go have a cup of coffee while it's charging and if it's a super fast charge and you're looking at um filling your car up to back to a hundred percent how long does that take if you're doing a super fast charge so i i just gave you two questions one private property the other is super fast charge regarding the private property absolutely i i welcome the introduction to to that individual or to that company we were working with really essentially any site host the site host is who owns parking spaces and that is anything from cities and municipalities to uh shopping mall developers to uh gas station franchisee owners believe it or not to grocery restore companies so really welcome any type of introduction to the you know businesses in your or you know in your town in your city uh regarding the well i'm sorry what was the second question how long is how fast does it take to charge a vehicle there's a lot of variables into that question regarding you know it's the size of the vehicle the size of the battery of the vehicle the efficiency of the vehicle the state of charge on the vehicle uh the type of charging station if you're on a level two station i give a great rule of thumb that says that the user in a level two station to fill up their battery they're probably going to charge on average two to four hours on a level two on the on the 180 kilowatt dc fast charger that kind of higher power unit you're looking at literally probably 20 minutes depending upon the vehicle okay very good so um well that's great uh i will just let mr peterson know who is interested from the private sector and work all of that through you and carbon solution but uh i think it's going to even change quite a bit also with regard to the number of minutes or hours when you get to a fast charging capability and things are changing very fluidly and quickly okay any other questions council member keeley well thank you councilmember and just mentioned that's kind of like the new gas station but it made me think uh to ask the question are there any gas stations that that are looking to partner with you because gas stations don't necessarily make their money on gas they make it on everything that's inside the building and this offers a captive audience to park your car and for 20 minutes if it's a fast charge or even to spend an hour to get another 100 or two miles and go in and buy coffee a doughnut some snacks food whatever it might be right it's a it's a it's a longer stay than filling your tank up with gas are you are you talking with quick drip or speedway or or any of those we're we're actively speaking with a with a gas station franchisee owner in ohio that has 120 convenience stores gas stations uh another organization in michigan uh another organization in florida so nothing in the local uh minnesota area yeah so one of the things is that if you haven't been up to toby's lately toby's has quite a few uh chargers eb chargers some tesla chargers as well toby's up off of yeah about 35. yeah i thought it passed i didn't stop i didn't get any cinnamon rolls on my way at all oh my god so because if you stop there you can charge and you can go eat and of course they have a bakery and a restaurant it takes a while to eat all those large sentimentals yeah okay um i don't know i could probably do it in two minutes okay mr mcdevitt this is really great and as you said that there is no cost to the city and there's the opportunity for us to also gain uh some income when it's profitable so tonight um mr peterson you are asking us to approve the agreement with carbon solution indeed okay thank you so much mr mcdivott for your presentation it was very informative and it's good to know how long it takes if you have a fast charger because i think that's what we all need the only um thing that we heard from um dakota electric is because it takes about two or three hours to charge and if you're charging on peak time during the day they don't like that because it's sucking up a lot of their and they would much rather you install a private charging facility within your own home so that you can charge at night off peak time so but i don't know you know the cost of putting all of that into your home and getting off peak uh electric is uh is a little daunting but you know everything's changing yeah you have to go with the flow are correct it is changing and there's you know the the utilities will actually you know some of the utilities really like the eb chargers or the vehicles because if you think about it also there's a technology coming i don't mean to still anymore your time but there's technology coming we call we call it v2g right which is vehicle to grid so dakota electric when the technology comes out all these vehicles that are sitting there they're large battery storage on wheels so if dakota electric where the technology is going you could actually suck the power out of the vehicle during those peak periods help stabilize their system or their grid and then that driver could be incentivized to charge an off-peak hours at night when they go home after 10 pm for example yeah okay thank you uh councilmember gustafsson is just one last question and i don't know if this is a thing yet or not but are you hearing anything about some sort of surcharge for charging stations like we do with a fuel tax now that's how we pay for our roads and that and as we see here shortly we're going to hit that intersection where that money's going to go way down and yeah there's different states are doing different things uh some states are talking about a tax on the actual kilowatt hours coming out of the charging stations however most states are actually putting it on the registration of the vehicles so your your vehicle register annual registration may be for example seventy dollars an electric vehicle may be a hundred fifty dollars on an annual basis okay i wish it was i should do this members of the council um if there are no other questions i need a motion to approve the agreement before us with government solutions second council member keeley makes a motion second by council member gustafsson all in favor please say aye opposing a and a motion carries thank you so much mr mcvivit and uh have a great game i hope your uh your team is as successful as ours well right now they're it's seven five so we're losing so i gotta go cheer them on okay go cheer them on y'all thank you all right bye-bye okay mr peterson yeah you have your agreement thank you very much thanks for moving along our sustainability efforts yes of course of course okay gotta have a place to charge my um tesla boog truck once i get that sucker um mr peterson i'd be ready for the boogaloo the next item is yours and this is a public hearing and this is a resolution to vacate a utility and drainage easement at 3201 selkirk drive as dedicated on the plat river hills 11th edition mr peterson i think this is one of your kitchen cleaning things i think it may be kitchen clean we'll see um so the location is off of selkirk drive that backs up to cliff road so it's north of cliff road and then east of 13 and here's the eagan border we're right on the getting close to the eagan uh line it's an interesting lot for sure there's a natural gas pipe that goes through the west side of the lot at a at an angle and there's a 50 foot easement there located now and then we have a separate 10-foot drainage utility easement off of there and as you can see they built the house right up to that line originally which makes sense to make the most of the lot so what they want to do is install a garage in there which would be in our drainage utility easement so it also encroaches just a little bit into the natural gas easement i'll i just got a little more information on that as we go through here so what we've come to agreement with is that we'd vacate that entire city easement and the property owner is willing to provide new easements on the exterior of the property to meet standards today so that's a win-win deal and then um the it was in the background a letter from the natural gas company that indicated they were okay with the encroachment into their easement but they're not giving it up it's okay for them to build onto but it they're keeping the easement they are keeping these yup they don't tend to give that up because in the past we have learned they do not surrender any of their asset or their easements yeah no they need to be able to get in there and maintain that asset so but at least you're going to get you can build on to it right yeah so uh uh basically i got two sides left uh the resolution indicates there's two um uh conditions one is uh that they would uh dedicate those two new reasons we talked about and then if there was to be any utility relocations that would be the property owner's cost but i'm not aware of any sort of cost there so with that this is a public hearing i stand for any questions uh the property owner no okay i don't know if the property owner's even here okay uh any questions for mr peterson okay uh this is a public hearing i will open the public hearing is there anyone who wishes to speak to this item miss collins is there anyone on zoom that wants me okay are you talking about this item selkirk no this is selkirk okay all right uh there's no one to speak to this item i will close the public hearing members of the council i need a motion to adopt the resolution and to approve the vacation of the utility and drainage easement at 3201 elk drive and uh dedicate and dedicate on that's dedicated on the plat of river hills 11th edition so moved councilmember workman makes the motion second second by councilmember schultz all in favor please say hi opposing a and a motion carries thank you the next item is item 5c and this is the resolution um to establish precinct boundaries due to the legislative redistricting our city clerk michelle collins is presenting ms collins and this is one miss collins has no control over yes she does um thank you madam mayor this item does happen every ten years and all those years that end with two i don't have a presentation for each night but i do have a copy of the redistricting map and uh i can tell you that one of the things that come back one of the things that we did when we start this process is with the first thing we look at i'm having trouble getting this to stay up for some reason it's not there we go so we'll start with uh the the 2000 the map from 2020 and what i can tell you is if you can see my pointers i go long here right yeah what i can tell you is that the district line then moved from over here by savage to write down 35w it also moved over cut through precinct five six and nine to go down counting route 11 and over here burnsville parkway it just cut right through this little section right here of precinct seven so what we did is um we looked at the areas that the precincts were no longer within the current district and to see which precincts could absorb the additional voters from from the precincts that were from the areas that were cut apart and another thing that we did was we took the we went to the planning department got a list of all these proposed developments that we have going on in the city because these precincts are set typically for 10-year period so we know that in burnsville there's going to be a lot of new development coming up within the next 10 years and we want to account for that ahead of time instead of having difficulty having too many voters in one precinct after that happens okay adjust them oh too small all right so as you can see the um one of the things we did is this area up here was absorbed into precinct three um there are there's one registered voter north county road 13 up there so that really didn't impact pricing three at all we added that little section uh south of uh south and east of burnsville parkway into precinct 70 and we believe that they will be able to absorb that addition fairly easily when we look over onto the east side of the city we had a little more difficulty where the house district 55b and 52a borders align so we do have precinct five here precinct 4 became with all the new development in the heart of the city precinct 4 became very large so what we did was we took precinct 5 which had been cut in half already and we were able to take some of those extra voters from here like north of burnsville parkway and east of nicolette that were originally in precinct for and put them into precinct five precincts six and nine were kind of split up also through this the remaining voters we distributed between six and ten over here and precinct nine was able to absorb the remaining voters in this section one of the things we also do is look at school districts and because some of the other precincts think about the area around county road 42 and 30 where the 35e we've got a lot of new developments going in up there so we did have to look at precinct 13 that was absorbing a lot of that new development and so precinct 14 had to adjust a little bit to carry some of that precinct 15 then adjusted to accommodate that and precinct 12 which is at the new retreat on crystal lake the church area there um now that is actually in their precinct so that will help a lot um one of the tricky parts about this is to make sure that the school districts uh that we don't have more than two school districts in any precinct as you can imagine having one more more than one ballot in any precinct can be confusing if you have if you're not sure which school district you live in right so that was something that was a little bit tricky to to get by but we did manage to keep that did you have any other questions any questions okay it was nice to see you got precinct one relocated with sioux trail closed yes uh the suit trail is closed so we do have four new polling sites this year um precinct one will be at the um i can't remember the name of the church river hills united methodist church that will be new we also have precinct eight it was the ames center was booked this year so we're going to have to move that over to faith covenant church and they have ample space for us there so that's awesome um and precinct 4 is still going to be over at sky oaks precinct 4 will still be at sky oaks but you'll now be located in precinct 5 metamer you moved up these things remember i know she did now i have to go over to eaton that's correct baptist church and i'm in five nowadays yeah you and i are in five i'm in the same one the destiny church also sold their building and we're going to revert back to the william byrne elementary for a precinct six which is where it used to be located years ago when william burton was under construction we moved to destiny and we just never moved back so now we have a reason that we need to move back and then um prince of peace uh there i can't remember there's something center outreach center building outpost mission outpost has sold yeah and so yeah it went back to the hospital and so they have offered to let us use their church as the polling site so that's great okay so can you go back to precinct five and let me see how you divided that up there's a lot of yeah there's four and five so there was a lot of bpou conventions last weekend and the weekend before and so now everything's got to be redone mm-hmm like folks who were in before that might be leading the precinct it isn't me may have gotten moved to a different precinct so they've got to really pay close attention to these lines and where everyone lives and then notify the folks that their precinct may have changed yes luckily for us here in birdsville all of our council members serve at large so we don't have to yeah we don't have to worry about that so precinct five no yeah we should be fighting over our own territories yeah it works well for minneapolis i know yeah no we don't want to be only five of us worth no need to good lord then everybody's going to say instead of looking out for the good of the city as a whole you're only going to look out for your own little yeah okay very good thank you is there are there any other questions for miss collins if not i need a motion to adopt the resolution establishing the precinct boundaries councilmember keeley makes a motion second by councilmember gustafson all in favor please say aye aye aye aye opposing a an emotion carries thank you the next item is the ordinance adopting revisions to city code title ii boards commissions and departments and housekeeping amendment to 1-4-7 administrative appeals um ms collins thank you madam city council this item was reviewed by the code review task force at the february meeting and it was approved unanimously we do have one other little amendment that came up to title after we went through title one and as we started going through title three and we're looking at liquor licenses and massage license that kind of appeal process the city attorneys have recommended that we change from 10 to 14 days uh to be to allow the because these notices of violations are sent out by mail they recommend that we change the time period for them to be allowed to submit an appeal be extended from 10 to 14 days gives them a few extra days to get that appeal in if they didn't check their mail right away so that they give them an opportunity on vacation that kind of thing so it does give them a little more opportunity to get that in four more days and uh so we are correcting that in the upcoming uh titles that we're reviewing at this time and we had to kind of go backwards and check title one and fix that one as well okay and all of your meetings are like all planning commission meetings they are all televised and transparent the other commissions they're all televised and the public is allowed to attend and you have have uh zoom if people want to um also participate from zoom we do matter okay very good are there any questions for miss collins uh councilmember uh schultz uh so i had request that this item be pulled off consent um not because i have any objection to any of it or any questions over any of it but number one um to thank our group that has been working on this this is a lot of hours of work i mean however many hours viewers at home think this is taking it's more so i i want to call that out and thank them for the the work that they're doing on this and number two it's just my opinion that when a city is doing something this large um not to put it on consent agenda just to call attention to it for our residents so that they they can follow the progress of how this is being gone through so that's my only comment on this okay thank you councilmember schultz we have um our next title will not be so unanimous so we have a little more controversy we would not be on consent agenda regardless so yeah and you were just following the policy and procedure of how we do absolutely things with commissions so that at least our commission is commissioners understand uh that that continues to be what it is that they go when they come to us unanimous they have done all of the heavy lifting we appreciate their work and it goes on consent and we have the uh the ability to pull it for a separate discussion if we so wish okay i was just going to add that hey wait your turn she looked at me so i'm answering right you got my button pushed like a minute before yours your phone okay okay so look i'm gonna take that take the last word damn now gentlemen gentlemen i will go to council member keely and then i'll come back you've got to be fast on the button yeah soda comes from her bikini then she was looking at me uh thank you madam mayor i just i appreciate i just want to echo council member schultz i think something of this magnitude is uh the whole thing doesn't need to be read into the record but a summary and just having it called out as part of the regular agenda uh is good for it to get right on uh out loud for the record instead of just on consent where it just sort of passes and doesn't get unless somebody is doing a lot of reading they don't really know about a lot of things on consent so this brings it to light so thank you councilmember gustafson i think i forgot no uh this uh i've been the liaison of this since the beginning and this group is working extremely hard and they take it very seriously uh and i have no problem with us calling it out at our meetings but i think it was good that you remind everybody those meetings are televised they are live there so there's transparency right from the get-go on this thing there's so you have several different ways to find out about what's going on with with this whole uh yeah ordinance reviews and quite frankly i mean a lot of we haven't made a lot of changes it's been more kind of downsizing the verbiage we have in them and making them much simpler to read and i think you're going to like how all this turns out in the long run most people will be able to go through our ordinance and see what they can do they'll be able to understand what the ordinance means and it's a whole lot but i gotta tell you it's gonna take a couple years this is not us an easy process this is at least a two year process it is and i really appreciate what staff is doing because they're engaging all um of our businesses and residents who are impacted with this change especially you're going to be having the liquor license and you've already had them in and the store owners have been in and they have testified and i think you're going to have another meeting with them am i correct with the liquor license holders madam mayor we did have a meeting where the liquor license holders were invited when we reviewed that chapter and that chapter is complete um the task force is going to final what has given direction on the final version and that will be approved at the meeting on may 30th yeah okay so they don't need to come back in okay all right very good city manager lindbergh thank you madam mayor just to reiterate something that councilmember schultz made mention too we had a great task force who's been working very hard on this project i will say good opportunity to remind the community that you can simply go to burnsville burnsvillemn.gov and or excuse me and search for code review there's actually some links on our main page as well the public can directly comment access to all of the videos of meetings also the live information for those meetings and direct access to the entirety of our city code which leads me to the last thing that i really wanted to say which is both michelle and erica in our clerk's office have done absolutely terrific work in the past two months to make this process incredibly more efficient both for the task force and the community in that portal is is up and live and ready for interaction by the community so thank you for the team effort that's gone into this michelle you've done great work yeah and thank you uh city manager lindbergh and also because i do know the work that our city clerk and uh deputy city clerk do on all of this and also the background material that goes out aren't you happy it's only once a month okay we can't forget about megan because she keeps us all straight with them with the paper well that's good so you have a good team moving forward with all of this so remember members of the council uh with this i need four affirmative votes to adopt the ordinance uh and the revised title ii motion to approve second councilmember schultz makes a motion second by council member gustavsson all in favor please say aye aye opposing a and emotion carries um there are no other items to come before the body this evening madam mayor yes that did not get to sign up for citizen comments that would like to address the council oh very good uh okay yes please come forward and give us your name and address for the record um i did see that you came in late you thank you and i apologize for that i uh my name is lori luconic i live at 11319 west river hills drive and i came in because i i work with burnsville schools and i was on a bus today and i went past a home on west river hills drive at the intersection of territorial and they are flying a flag that says f biden and living in this city and having been given a bill for my children leaving a portable basketball hoop at the street and that was wrong and i appreciate that there are rules for a reason and for leaving my garbage bins out when my gate froze and i could not access that to see that and i was in a bus with children and they were miss lori what did that say i'm here tonight to say come on guys if we need to change an ordinance that will not allow that kind of behavior let's do it but that flag has to come down okay thank you for coming and talking to us about that there's free speech i understand and our attorney will talk to you uh about that in and it is um that's inappropriate and it's lack of civility and respect and it doesn't send a good message to our children of um any of that but um mr jamnick i know we've had these kinds of complaints from people in the past and it's too bad that um we have this so mr jamnick a mayor and council regarding those free speech issues this particular exercise of their constitutional rights is not limited to burnsville it's not limited to minnesota it's national the international municipal lawyers association national association of city attorneys in effect had an article written by one of its members researching it and trying to explain in a general sense why local units of government are prohibited from taking action against people exercising their free speech rights even when it may be offensive speech and the case thought goes back to the vietnam war era when people were wearing jean jackets with profanity on them and being removed from schools and sanctioned and the supreme court looking in those cases uh and unstated general the rules the general rule that that is protected by free speech and local units of government are prohibited by the bill of rights from passing ordinances abridging or infringing on the exercise of those free speech rights so we can share the frustration we can share the uh offensive you know characterization of the uh of the english language and use particularly across from schools or churches and the but the problem is local units of government may not take action against that the indication hopefully is to inform people adjust behavior so that we don't offend each other unnecessarily and treat everybody respectfully that is a tenant of this city as trying to welcome all allow diversity of thought free exercise of beliefs and political viewpoints in a respectful manner and unfortunately some people cross the line and offend people unnecessarily but there is nothing that the located government do if we did try to bring an action on this or sculptures that express a thought or signs and windows flags or signs the city will lose and that's just the that's just the way the system is is structured we protect people even when they're able to say things that we find offensive or objectionable yeah so even something that vulgar f-u-c-k yes well miss laurie it's a good opportunity for you to educate uh the children that you are under your charge that we don't do that and we don't say things like that and we don't try to i yeah and as you can see it is about the constitution and free speech and it's on private property and uh we can't there's no other option no no there's addition there's american council there is no ordinance so we can fashion because we would run up against the constitutional protection um you know fighting words firing a crowded theater you've all heard it in civics class and in public discourse but the f word has not been classified as falling into that category of unprotected speech but thank you for coming in and telling us about it and my hope is that um you're your neighbors i think i know who it is that this person grows up and yeah maybe finds a little decency along the way yes thank you thank you for your time well thank you for coming in i mean you you took the time to come in because it was offensive and you had children under your charge i i just i can't imagine anybody in my party that i would support doing that where it the other way around yeah i would say you're embarrassing me you know you don't represent me yeah so if that dingbat is out there watching it grow up well have a good night and thank you for coming in good night members of the council there's nothing else to come before us this evening and a motion to adjourn is in order motion to adjourn second there's a motion in a second all in favor please say all right hi opposing a and emotion carries good night and thank you for being with us you