##VIDEO ID:Ir2oSHsfgYE## e e e e e e e this is different than I got 630 by my phone it must be a goal because we go I was going to say it was a different screen there we go call to order for the city of Canon Falls city council meeting Tuesday November 12th 2024 if I could get a roll call please gu me here grot here jeffson is is he on nope he's absent okay Johnson here Groner burer here Lindell here Montgomery here please rise for the Pledge of Allegiance I pledge Ali to the flag of the United States of America and to the for stands one nation under God indivisible with liberty and justice for all if I could get a motion to approve tonight's amended agenda move uh motion from Lisa second from Diane all those in favor I I oppos uh we will just do regular voting until Ryan joins in online then we have to do roll call vote okay uh so it is approved that gets us to public input uh public input is intended to afford the public an opportunity to address concerns to the city council the public input will be no longer than 30 minutes in total length and each speaker will have no more than three minutes to speak speakers May address topics relevant to the governance of the city speakers must sign up in advance and must provide their name address and the topic they intend to address comments must be on topic respectful pertinent to City business and adhere to the applicable data privacy rules any speaker that violates these rules will be asked to sit down if the speaker refuses to comply they may be removed from the bill from the meeting speakers shall not address topics that are the subject of a public hearing all such comments shall be made at the public hearing the city council will not generally act on issues raised by the general public input but may choose to schedule consideration of the item on a future agenda um we will start off Chad Johnson talking about Wells hello I'm Chad Johnson and I know a lot of people are here to talk about the racetrack and God but I'd like to bring up what you're going to discuss which is ordinance 404 regarding the private wealth ceiling um well I understand it's being presented as potential concerns for contamination to the water supply has there been any contamination um how is this going to impact farmers in the area that are in the city limits um are there going to be any effects on the businesses in town with um and Are we more strict than the state regulations so do we need to be so that's what I got all right thank you uh brings up is it Kevin nude did I get the name right yes all right um also speaking on the wells all right so I was given a letter October 8th from Mr Jensen regarding the well stating that the reason for this email is that upon the sale of any existing Wells the property transferred in the city that they need to be sealed according to city code well my uh realator looked into this and there was no city code there was no ordinance that stated that which is now it's brought up tonight that they want to make one um I do have letters from the state of Minnesota goodu county who has no problem whatsoever with Wells um I don't know what's wrong with your own um statement that's in your city code right now as long as the well is in proper working order I don't see why I guess I'm wonder why you know I've had it I know many years and it's worked just fine and I use it now for irrigation only only um they've been inspected twice to make sure that it's only for irrigation it's not hooked up to anything else in the house it's been good working order um water's probably better quality out of that than it is out of my faucet so um yeah that's I'm just like I said asking why thank you all right thank you brings us to Brandon Allison bethl Rock church I just introduce myself Brandon Allison Pastor Bethal Rock Church uh just wanted to take a moment to just talk about that our conditional youth permit just say first and foremost thank you Cate of Canon falls for the the long process but just that that we're coming to an end and hopefully this is the last time I have to be here so I just wanted to say thank you and just say that we would love to be of benefit to this community uh looking forward to partner with you guys for many years and anything that you need so thank you all right thank you all right that's it for public input tonight or uh actually Brad Anderson uh so Brad is with the county and he said that he's got something that he'd like to say tonight uh technically This falls under public input but if he goes over three minutes we're going to let him so goad appreciate that thank you um I just wanted to come uh have him been here for a while and just wanted to show my face and say a few words uh first uh to to those of you that were elected or reelected congratulations um I've been through that process probably too many times to really uh want to admit that um and to the counselors that are leaving and retiring from this board thank you for your service uh public service is not uh as easy as it used to be and I say that going back to uh the first public office I was elected to as a school board member here in Canon falls back in the late 80s early 90s which was the Pinnacle of my elected service because as a school board member you are a uh technically a state elected official not a lower County elected official like I am now so um couple things I wanted to talk about one was uh uh the the Cannabis that's coming forward that's going to hit all of us um the county did a u ordinance around cannabis um the city delegate is delegating the regulation the the registration and the the compliance checks to the county and we appreciate that we think consistency across the county is going to be better when most of the cities have done that delegation the challenge is uh we're working on zoning ordinance changes as is Canon Falls they're going to be working on it too to get the zoning changes needed for your city our zoning changes are going to happen within the next two meetings at the county and um they'll only cover out County which is different than what you guys need in the city so we're glad you're working on that the other thing I kind of wanted to talk about and it was um recently published in the in the beacon uh a letter from one of our Senators about the Tyler versus henpen decision and the reason I want to talk about it is all the counties in the state followed state Statute in dealing with tax foreclosure properties or tax forfeit properties we followed the same standards for everybody hopen County did that also and I don't think the article that was written by our Senator really um Illustrated that piece of it the problem was really with the state statute which they have changed so going forward we will handle tax forfeit properties a little bit different but it didn't illustrate that we were all following State Statute it made it sound like the county was really not doing things correctly and following State Statute those extra dollars from a sold tax forfeited property were to be to go into the general coffers of the county um and there's not an Avenue to give that back State Statute didn't give us the opportunity to give it back so it really needed to get fixed at the state level so that we could go forward with that the other thing I wanted to just mention is we're all going to be coming up to truth and Taxation uh meetings soon ours is uh December 5th at 6 o'clock in courthouse and tax for tax um truth and Taxation is really about budgets it's not about valuations valuations were decided way back in June and I could talk for an hour about valuations and how the Department of Revenue regulates How We Do valuation and and that piece but it's really about budgets and going forward with budgets uh and thought process that counties and cities and school districts put long-term in those budgets and I think people need to understand that piece as well um one other thing uh anybody you can contact me my web the the phone number on the website the email on the website um it's my cell phone I'm going to get it right away I'm going to get the email on my cell phone right away I usually respond right away city council people call me all the time talk about different issues um so I'm just available if you have questions get in contact thank you thank you Brad that gets us to our public hearing for resolution 2785 certifying unpaid utility charges to be collected via taxes so we will open up the public hearing if if there's anybody in the crowd that wants to speak on certifying unpaid utility charges you can approach the podium first call second call third and final call nobody all right we will close the public hearing uh to the council I would accept a motion to approve resolution 2785 certifying unpaid utility charges that are collected with taxes so moved second motion by second by Johnson all those in favor uh Ryan has joined us so we will have to go roll call vote gu me here I mean I I forgot where I was you're here Gro I jebson that was an i Johnson hi cronenberger hi Lindell hi pass all right gets us to tonight's consent agenda consent agenda items may be adopted under one motion as presented or may be removed for discussion and resolution as Council business I'll go through them for you item a just and correct claims the accounting period ending November 7th 2024 B meeting minutes for October 9th 2024 city council work session c meeting minutes for October 15th 2024 special session uh D meeting minutes for October 15 2024 city council meeting item e resolution 2786 canvas returns and declare election results for City general election item F approve 2025 State Building Code Administration agreement with good hu County item G approve mobile data terminal user agreement with Goodhue County item H resolution 2787 accepting a donation of $141,000 from Friends of John Burch Park item I approve change order number three for John Burch Park wall project item J resolution 2788 accepting a grant of $177,000 from Taylor Family Farms Foundation to the fire department item K resolution 2789 approving conditional use permit for Bethal Rock Church item L resolution 2790 authorizing 2025 City License renewals item M approved John Deere 325g compact Track Loader trade item n approve the ashtree removal quote item o approve well number five inspection and repair item P resolution 2791 approving a Cooperative snow removal agreement with mindat and item Q approve City administrator employment agreement is there anything the council would like to pull down for further discussion and I don't I've just got a couple questions on the asht tree removal uh if you want to ask them now before pulling them down for a further vote go ahead um I know the quot is to remove 15 trees the uh Grant said we're supposed to do 50 have we already removed another number of them and replanted no we haven't yet we uh we're starting with John Birch Park or sorry Hannah Ben Park then we're going to remove the trees in John Birch Park and then also we'll go to the trees in uh Evergreen Park all the ash trees there okay um and then replace those with so part of the grand is not only to remove the trees but to replace them with something how much is a new tree like 400 it depends on what we get whether it's root or poted and and and whatnot so but you're this is a pretty darn good quote um other quotes we've got is over $1,000 per tree removed oh no I had no problem with that I just wanted a clarification on where we at thank you that was it all right uh I would entertain a motion to approve tonight's consent agenda so moved motion from Lisa second second from Laura uh roll call vote GMI I Gro I jebson that was an i Johnson hi Cronin bger hi londell hi passes all right that gets us to council business uh item a tonight introduction and first reading of ordinance 407 an ordinance of the city of Canon Falls amending city code chapters 51 and 52 relating to Public Utilities Jed uh mayor and Council this is uh uh just changing city code so that uh when uh um a home is annexed into the City and connects to City Water and Sewer um at the time of annexation when they they uh connect I think they have what 12 months to connect to the city water um that we'd require that their their private well be sealed at that point as well and then also part of that code is uh those that have that have um or currently have Inus private Wells when the property changes hands that they uh upon the the sale of that property that that well be sealed our biggest concern is that a lot of these Wells go unused and when they go and use and become stagnant they build up bacteria and they can be contaminated and it's a direct source of contamination to groundwater um yes it is like you said a little bit stricter than state but it it is protecting our our groundwater so any questions concerns any questions or concerns from the council of course yeah go ahead and uh how many contaminated Wells have you discovered so far none okay and in talking to the county indeed the county does not require that um and I and I don't know the state but a Bas it what it says is you know if you've got a well that's no longer connected to the city well you've now connected up the city you've got a private well it's in working order you keep it running uh used for irrigation uh I see absolutely no reason why we can't do that if somebody has a private well takes out the pump and leaves it open then it has to be sealed but that's kind of that whole state right things so we're covered by the state requirements that if well is contaminated if it's open has to be sealed but for a perfectly fine working private well considering how much we charge for sewer which you don't even use even if it's only half price but that's still money that you know quite frankly my sprinkler is not going in the sewer system so I don't know why I'm paying anything uh it's $6 to get a kit to inspect if we want to say everybody with a private well has to inspect it once a year with their little $60 kit kit report it to us I have no problem with that but I see absolutely no reason why we would not let people continue to use their private Wells Redwing actually uh with the new high school allowed them to D drill a private well just for irrigation so I find this to be kind of Overkill and therefore I would like us not to pass this I don't have a problem with people having Wells either as long as they're used um I don't know a lot of people on Cedar Hills I think use some or have them why you got to call out Cedar Hills forgot you live there do you have a well I don't you have an inspected no oh sorry no no no go ahead go ahead um my issue is with um if there's cross-contamination are are well hooked up somehow with their actual City water is that possible is that that is very happening it whether it's happening or not we don't go into all the homes looking for cross contamination is it is it a possibility that it could be that way yes okay so is there any way of first of all we don't know how many private Wells there are right correct okay so that would be my biggest concern right we're tied into our water system that we have to and current code allows that uh uh private well be in Ed and shown that it is you know for irrigation purposes only but that that's not to say that you know a homeowner does their own plumbing and and changes things and there could be cross cross contamination there so um by having homeowners eliminate their Wells we just eliminate you know different points of uh concern and along that lines I mean a new home isn't allowed to go and drill a new well just for irrigation so some of us would like to right um but we also say you know no water pipe of the city water system shall be connected any you know device we do yeah so I mean we have that in there to say when you get hooked up to the City Line you disconnect that outside that's really not that difficult to do nor is it that difficult to check I I to me we don't have a problem we don't there is no problem right now nobody's getting sick people might be saving a few bucks that uh for the sewer and as far as I can tell we certainly have plenty of money in our sore fund um so I I really sometimes if it's not broken don't fix it is there any further explanation as to what brought this about at this time or the amending of uh ordinances 51 and 52 chapters yeah all along and he's correct I did send out that email mhm um I blew that one um I've been sealing Wells for I don't know how many we did this year um but anytime there's a connection or some a sale uh we've been sealing the city shouldn't look like a pin cushion as I say you know all these Wells that are are drilled and it only takes one or two if it's they're contaminated and and the city should really work on on cleaning that up you know the Wellhead protection plan has been going on over 20 25 years um with the concerns of of these types of wells and it's not mandated immediately upon sale you know we had um un one up on Cedar Hills that's sold here recently uh I think it was mid June somewhere I don't remember the the date by but uh there was no issue unfortunately that person was the last one on on the line of a list of many that used the well over time and she was the last one and she got had to pay for it m um we do have grants uh the state has grants that uh um pays for 50% of it we apply for it the city takes the money in and and uh um we send the money out to the well company that does a ceiling it is a choice um contamination is real uh you never know when it's going to uh uh hit it's it's not a if it's not broke it's when it's going to break mhm so but it's up to you guys uh um it is uh of course um irrigation purposes but these were all home Wells these aren't small Wells these are home Wells that were used used for their homes and in fact that one we just sealed here not too long ago is for several homes so it was a fairly large one and uh but it'll be it's up to you you're right uh uh the state says irrigation Wells are okay um but when the annexation came in 25 years ago whatever it was there was a lot of wells and we've been working on them you know over time and uh so it's up to you um it's not going to make or break but it is good to get some of these things cleaned up and uh yeah that was one of the loopholes that I didn't realize we had through irrigation because I've been working on them ever since I got here uh sealing up Wells so but it's up to you guys so as it stands right now like we'll say I don't have a well but if I did I could keep mine until I sold the property or correct okay correct and if you have the ability you got to water m going by your house and if you're hooked up to the well you would have to hook up to that well or and seal it upon sale okay not until then okay so so anyone who has a well right now is still good until they sell their house but then the only loophole that 12 months of the sale the only loophole we did find was if it was kept for irrigation purposes okay that's not a loophole that's a permitted use you can call it a loophole but I would call a permitted use makes thank you well my question that St how many people would this refer to because I I'm hearing this sound like this is mostly for development and that there aren't many of these that would be left for irrigation purposes within city limits to begin with I'm not sure how many Wells there are we just would like to to seal them up and just eliminate those points of contamination so and it's like like Neil said it's not going to happen overnight this is upon sale of homes and then if we Annex in like another development or whatever go across 52 or whatever all those homes that are on Wells would seal those as soon as they connected or able to connect to city water so and and has the city sealed well underneath roosters that keeps flooding the artisian well yeah I don't believe so is this that's another private well but that's the one that's causing problems it's not used for anything H not used for anything it's not used for anything is what he saying but it floods when it rains it it runs through a an abandoned uh storm sewer and floods into the uh bank property over there so we're working on it um it's technically a private well so um but because it's under the building it's near impossible to seal well uh if there's any other discussion from the council otherwise I would entertain uh if anybody wants to make a motion uh does this if we do no action or a motion to deny either or okay I move that we deny second motion from Diane second from Steve to deny the introduction and first reading of ordinance 407 uh amending the city code chapters 51 52 to Public Utilities uh roll call vote gby I grot I jebson Johnson hi cronenberger hi Lindell no 51 51 pass brings us to Item B Canon Valley Fair racetrack Neil if you want to start that one off well back a few meetings ago we uh had a discussion on the racetrack that's going on at the fairgrounds and and uh it was the council's request to move this up ahead a few meetings so everybody could be here and Shell's here to present a few options uh I have the discussion find out which direction we're going to go with this thing um I think it's time to make some sort of decisions I know you've had a lot of conversation with uh um residents on both sides of the issue and I think it's time to uh uh go in a direction whatever you feel staff should uh should move so I'm going to turn it over to Shelly all right uh shelle if you'd like to start Maybe with the options that I saw in the the right up here for the agenda um or if we want to do you want to take question and answer from the council immediately or do you want to go with options and then we'll progress from there uh thank you Mr Mayor uh perhaps the council would like to hear uh the options and then that will frame and drive the conversation as Neil mentioned uh staff is looking for guidance from the council uh you're the ones hearing from your constituents and you know based on our prior conversations have have thoughts uh on this issue so I'd like to uh direct the conversation to a few options that that might be doable here um essentially ranging from taking no action to taking full on legal action and some things in between so one option at this end of the spectrum is of course we take no action the council takes no action um potential risk there is drawing a legal Challenge from individuals who might be less than thrilled to have the RAC trck or you're hearing some complaints from residents um that would not foreclosed the possibility that they could uh bring some form of an action uh um the next sort of layer here is this is brought on by a relationship with the fair Association which exists it's in your community and it does operate a fair every year um there is a possibility of negotiating a resolution with the fair Association and its board to allow the racetrack use which again is the issue the racetrack it's not from my understanding the other aspects of the fair um so it would be some form of negotiated resolution to allow the racing at the fair under conditions that all parties can live with um that is something that um we could do through um a Cooperative effort to introduce some zoning amendments for example uh that would allow the use under reasonable conditions uh I do believe we started down that route kind of had some [Music] um um conversations with the fair Association I have reached out to and had just very brief conversations with attorneys for the fair Association that that is a an available path forward for everyone as another option if negotiation is not palatable or for some reason does not proceed the city can move forward itself with zoning amendments and as a um way to address neighborhood complaints to allow racing on the fair property again under reasonable conditions um that would be developed through planning normal process Planning Commission and then present it to the council for review and approval if there is no I'd say Buy in if you will from the fair Association and they continue after these regulations are in place uh there would be followup through enforcement after the fact but that approach um what I mean candidly would I like about that approach is that it it allows the city to both that and the negotiating process allows the city to address what I understand to be concerns from residents but in a measured way that can some somehow as we work through it allow the use with conditions and you'd have control over that um there was also a possibility now if if all of that fails or we're not looking at making again per more permanent changes through a zoning Amendment um there is legal processes available uh one way to do that uh to get your toe wet if you will put your toe in the water I think that's the phrase um lawyers get the metaphors wrong all the time uh would you could Pro proactively seek um judicial relief in the form of a declaration that would help the city and fair Association finally determine their rights with respect to uh racetracks what that would look like is we'd ask the Court to declare that a that this particular Fair Association um is Char more characterized as an Agricultural Society I know we've we've talked about that in the past I'm certainly um willing to answer your questions about that uh but that the character characterization matters because only the a society which already exists in good Hue county is exempt from zoning so that a fair Association we would seek Clarity that this Association is an association and is subject to local regulation under those local regulations racing is not a permitted use on their property and therefore prohibited uh the more um uh the the the most extreme I guess uh path forward would be to just initiate straight up litigation and Go full on to enforce what you have currently in your code again is racetracks are not a permitted or a conditional use in either the urban Reserve or I think there are R1 or R2 um and we' we'd fight the fight through the courts um you know there are costs and risks associated with each of these varing degrees of options um obviously from doing nothing your cost is primarily your feedback from your community um and the pressure that that some of you may be experiencing to the litigation end which is would be born the costs would be born by the city um these fights I've done them before on behalf of other cities they are costly burdensome in the sense that staff is going to be involved in litigation versus their day daily jobs um I'm not saying that as a bad thing it's just a practical reality um to be weighed in your decision-making process and again we're not looking for a decision tonight we're looking for guidance in terms of this is an issue um staff is looking for direction on which sort of options you guys might be looking at I have a question in your research or whatever um there there's a state law or something that said I think it was start after 1996 there somewhere there about tracks are not allowed in uh cities wouldn't if that's the case wouldn't that override even if we wanted to allow it we wouldn't be allowed to uh council member lundell that is an excellent question and I did look that my thoughts for today were focused on some other issues um but I did come to the conclusion that that would not prohibit this um that is an mpca type regulation and a noise regulation here we're regulating my recommendation would be regulating on a land use a zoning platform and and if there's some confusion or reluctance on a zoning concept you also have your backup nuisance Authority which does play into the the sound um but I did not see any preemption by that statute and I think the dates were um problematic there too so I'm not concerned though about that statute I'm just going to get to the point on this we've been dealing with this for a year and nine months this Council some members are leaving uh when we we turn over into January 2025 do we try to deal with this immediately which I would really like to because it's been a year and nine months with these people and with uh Neil our city administrator in January that's all going to be changing and that means in a way I feel like we're almost starting back at square one with some of the members coming on to this issue uh so it is my firm belief that we do at least give guidance and come to an actionable item before the end of this calendar year with that said my questions are this I know you're giving us guidelines and looking for for guidance of of which one to go but I still have questions of was it done legally because if we as a council in the city allow some group an association whatever they are to break the law knowingly and we don't hold them accountable we have to do something and if that means to try to stop them shut them down and say it's not closing the door it's resetting to say go back to square one if they did this illegally from the get-go they should have to retrace their steps and start over and do it legally that is an action that I would like to see happen uh I know that we've talked about compromise if you know that somebody did something wrong if a citizen does something wrong with their property if they build a building that doesn't follow code if they don't pull permits if they do all these things in violation and we sit there knowingly and let them do it and then just say oh sure we'll compromise it's fine then we are not doing our job so we can have the discussion tonight but I think answering those questions of is it legal or illegal that's the the simple first question and I know that you say it's murky because egg society and all of these other things but okay Mr Mayor I I'm hearing two questions the the legality and then there's a there's a second question relating to a timing component in terms of how you address it the time you address it and how effective uh how effectively you can address it in the time and changes that are upcoming so the legality issue again the legal framework has not changed since we last discussed this this process of reviewing the statute which is ancient in my view pre 1900s is ancient to me in statutory land um in reviewing the legislative history uh discussions with other communities uh with the um looking at the state Agricultural Society and kind of revolving all of these thoughts um my my conclusion remains that the statute uh chapter 38 um distinguishes getting older um chapter 38 plainly and expressly distinguishes between Fair associations and agricultural societies you are one or the other um the statutory history goes back through at least 1905 and the legislature consistently through about uh 1923 only allowed one egg Society Per County and that was the good Hue County Agricultural Society and something else um it has existed at predates aair Association I think that's pretty clear in the records uh though we don't have a exact formation of the fair Association other than to say that they claim to have existed or maybe been active with Fair since about 1914 1915 uh according to the Minnesota Secretary of State's website um they they actually weren't formed as a legal entity a legal nonprofit until about 19 45 um so those are things that sort of work into the um the history and the relationship of these parties so I also look through the developments in the statute um interestingly enough I think a key development and change in the uh formation again this is the statute governing the formation of Agricultural Society and their powers um that statute was amended in 1923 and 1930 um excuse me uh 1937 to allow a second Agricultural Society within a County under very narrow circumstances um and I can note and and those circumstances are having um based on like districts and Township districts and population and it was it was a very interesting development not that you guys care the lawyers care about stuff like that which key from that legislative history is as of 19 19 37 uh when a second Agricultural Society might have been formed in goodu County um the only recognized Agricultural Society was the good who County Fair Association that is in the language of the statute under the Appropriations part Canon Valley Fair Association let me back up because I think I M minced my words um as of 1937 the only Agricultural Society recognizes good Hue County Cannon Valley Fair Association was not recognized by the legislature as an existing agricultural uh Society what this means for you guys um is that by 1955 when they amended the statute again added the language um that distinguishes between associations or added the word associations created that distinction between a society and Association uh we know that there's a distinction between those two types of entities that distinction is borne out by the language in the chapter that affords agricultural societies almost equivalent Powers as local government uh for example eminent domain exemption from zoning things of that nature Fair associations were not granted those those powers and exemptions and I think that's a key consideration here so when you look at regulating the formation and the legal status of the fair Association I don't know that that's not anywhere in public documents that we were able to examine if you will we know that the fair Association by 1955 when the legislature added the option to be an association because there was already a society present um 1955 the legislature acknowledged the Canon Valley Fair Association and appropriated money to them uh so we know that from a legal perspective they are at least they are a fair Association they are entitled from what I can gather um that characterization entitles them to share and Appropriations for fair purposes but does not grant them any exemptions from local regulation because they're not an Agricultural Society so again the legal framework stays the same and as you approach your options moving forward that is a legal issue potentially some fact issues wrapped up in that that if there's nothing negotiated between the two parties that would have to be addressed by by the courts Mr Mayor I think your second component was a timing issue um all of the the various options do require some time um you know negotiations in that you know we can that's probably the most efficient if both parties are amenable to a reasonable solution um but the the court options are going to take you know a year or more um even getting a uh restraining order some kind of temporary relief prohibiting racing while you move forward through the process it's not an emergency situation um to my understanding the races are going to wrap up here or already have um so that again that's going to take some time time as well so in terms of timing and the rotation and the new council members um you know we may be able to put in place some some Frameworks uh depending on cooperation with Fair Association where we all stand um certainly if we move past that into Z development of zoning regulations you know we're already into December Planning Commission meetings and and again there's some time there too I think that we have to be careful or let me just remind when this first came to us we were told there's nothing we can do about it that was what our advice that's what we were advised so I think we need to be careful when we're saying things like they did it illegally we agreed they we had no control right well they did it without permits yeah isn't it their isn't it their responsibility to know what they are and aren't allowed to do though legally we were told City attorney they started Construction in March the meeting that you're referring to I believe was in may we were working under the assumption that they were egg Society because that's what they told us there was trust and if you're citing what shelle said at that meeting she said there's a lot of Gray Zone and if if and the burden of proof that their egg Society falls on the fairboard we asked them they couldn't prove it we shouldn't have to do their homework for them and shell has tried to do that work and prove they're an association not the egg Society so what we were being told was a bunch of BS fast forward to where we're at now they continued to build it they started the racing with an outside Agency on their land in our city limits I don't think that any responsibility should be thrown on Shelly because they say she told us they could when they started building two and a half months before that yeah we all found out about this on Facebook like they were already started before any of this and if you've been around 100 n 110 years and if you don't even know if you're a egg Society or not that's their problem I mean if any other business just started building the racetrack said oh we're going to do it we can we would never let him do it and again I want to bring this back this isn't about being in favor of a racetrack or not this is about holding them accountable for what they've done within our city limits and how it has imposed our citizens like Derek said if there were other people that were trying to do this we would say where's the permit the work that should have been done at the beginning was not done permits were not pulled working with the city it's been brought up that we compromise that we work together it's been 109 years this project we didn't work together we invited them to the table we pulled them into meetings to have discussions there was no actionable item that we've seen before that meeting there was no actionable item on the table it was a discussion and when we asked questions they didn't have answers how loud is it going to be not loud when are you going to run oh it won't be that bad just a couple times so what are you saying that you just want to go straight to litigation you don't want to no I compromise do we no I'm saying who's the regulatory Authority it do they get to call their own shots or does this fall under the city cuz then that will give us more guidance of I don't want to go to court and cost the city thousands of dollars and I don't want to put that on the the fairboard but I want to come to a resolution that is legally okay to the pallet of our citizens and that we are doing our job if we allow something that was done illegally and I'm sorry if you want a different word for that but they didn't pull permits they didn't do anything by the book they went completely Rogue holding them accountable is not the wrong thing to do ior so I wasn't at meetings it's my understanding though we did try to come to an agreement with them and they they declined any offer I wasn't at the meeting Neil were you at that or am I mistaken Brian oh okay can I maybe it was okay let me uh and I and I certainly Matt understand and I I I also say if somebody breaks a law so to speak they should be held accountable I also realize that and this is the question I was going to have for our attorney is we have people in town building illegal fences storing trash in their yards uh our police chief has said you know we get send citations we do this we do that and nothing happens nothing change so in terms of holding all of us responsible to follow the ordinances and the codes of the city and be good neighbors um when we talk of enforcement how can we get to the point where we actually are able to enforce what is right and what is wrong because it appears right now if I want to go ahead and put up a 10- foot fence and don't pull a permit and put it up you can send me all kinds of notices and my fence stays up and nothing happens isn't that what happened I know we went through this on Planning Commission back and forth back and forth yeah so what will happen is it uh would get to us let me distinguish between where we are today and where we were six years ago uh when we had a City attorney that handled our criminal prosecution we would write the citations um and they would get prosecuted plead guilty found guilty um the objective for the city attorney's office was to try to get compliance uh typically they would put uh a request into the court to give them enough time to come in compliance we now contract with good Hue County uh county attorney's position is that's a civil matter that our city civil City attorney should handle not them and they essentially have just dismissed the citations that we issue on those offenses um and that's really taken a tool uh that we would use to try to gain compliance because ultimately it's not is issuing citations right it's gaining compliance uh because somebody's made a complaint it's impacting you know neighbors people that drive by whomever it may be um and we want to try to get it into compliance but that tool has been taken away from us and so subsequently the cost to the city would be to go through the Civil process through US C attorney's office as you know has been alluded that is long and lengthy that is correct long and lengthy um so gaining compliance could be 18 24 months so when we we talk about um well even any of the options once you get past do nothing all involve basically the threat enforcement which we now know doesn't isn't much a threat and I this is what is frustrating to me on you know on any issue that we come up with of non-compliances we don't seem to have any teeth and I don't know how to get around that because it it certainly does seem to tie our hands that's a fair criticism for sure I I don't what do we do about that council member Johnson that there is a fair point and enforcement is difficult for all cities um you know it is it is a lengthy process uh civil enforcement is the direction most cities go because there's a lower burden of proof um than in criminal cases makes it a little bit easier to establish a case um and a lot of criminal prosecutors County Prosecutors don't want to be bothered with this type of neighborhood dispute um the I don't want to underscore the importance of enforcement and there there is teeth to it and that's why we include enforcement mechanisms in our city Cod um that's why in the zoning ordinance um enforcement is important because you have a use that the city has very good arguments is presently unlawful um because it is not allowed where the property is located and that has rolling conse quences to it um the Civil process is lengthy it is costly I do that for my cities um and involves you know complaint it involves a a normal lawsuit type posture animosity staff time all of that but for the council it's a policy decision in determining which issues are important enough to you as policy makers to pursue and say yes I understand that that's a burdensome process but it needs to be done and it may not be warranted for offense it may be extremely warranted for a dangerous dog um it may be warranted in this case for a zoning violation um nuisances are always difficult Property Maintenance things of that nature we've had several of those um I think Sarah is familiar with that um so it's all always a weighing for the Council on a caseby casee basis because there is nothing compelling you to enforce your code it's very difficult for a property owner or a third party to do because you have your discretion and in determining how to allocate resources towards issues this is a big one which issues are you amenable to pushing re resources towards to alleviate a problem so there's no council member Johnson there's no right or wrong answer and there's no bright line I was going to say I my experience has been if you enforce the little ones and they know you're going to do it then you you don't want to really get hit with the big one and I you know and I I back where I was down in ciso I forgot to put the numbers on my garage in the alley after I painted and I got a citation in the mail with a $50 fine if I didn't fix it immediately in two weeks I would get a $500 F and in four who knows it just needless to say we all complied immediately so you moved to Minnesota yeah I move back here where you're not going to find me for putting a number on my garage but I you know it it's yes we can let the little things go and then do the big ones but I keep thinking if people know that then you just ignore it and then it and then it's like well but you didn't enforce it there and it's like I guess you know if you have something wrong you do it across the board and yes I know it costs money but I really think people can be trained fair and maybe we have to have fines I don't know that's a different issue um the administrative penalties and that but I think you're you know you're along the lines of a broken windows sort of concept where if you if you don't enforce that it it leads to Greater and better but the the point I want to bring you back to is that it is a policy dis discussion for you guys that's why we're bringing it back to you tonight in terms of this particular situation with the racetrack um again we've done our homework staff and consultant wise I do see a path forward for you on multiple different Avenues um I you know it's it remains my recommendation that this is a use that's not permitted and you have a wide range of options to address it so if we went well go ahead if we went the one of your options let's say option one through four whatever you know the legal process and you seek clarification correct am I getting that right so far in general yes okay what if if we went that route the end what would the end result be what what would be the the uh the two answers yes yes it's permitted no absolutely not is that is that where this comes out at council member gasmi that is how we would structure it uh for that type of outcome you know knowing that judges in courts can go a variety of different directions with what we perceive to be a simple issue but the goal of a sort of a preemptory uh proactive position would be to ask the court submit what we know to the court and ask for a declaration primarily is the Canon Valley Fair Association an Agricultural Society or not and then we would SE some potentially some additional clarifications on scope of their Authority things of that nature so that we could the the point of that process would be to come back to the council and and report back and say the judge said they're not an Agricultural Society therefore under the statute we can regulate them and then you can proceed and and that diminishes the fair associations if we had gotten that type of order diminish the the fair association's argument that they can proceed without regulation well that always seems to be the question we argue about this and we argue about this and yes we are no you aren't yes we are no you aren't and that's we end up and we everybody goes home and then we talk about it and we come back and it always comes down to that same certain point are they or aren't they I think we have to have that cleared up I feel I feel like Shel made it pretty clear earlier though she this law came out in what' you say 1905 I mean the fair wasn't even around till 10 years later I mean what she said before I think it's pretty clear they're a fair Association they're not an Agricultural Society cuz if they were they could you like she said they could do an eminent domain they could possibly Levy taxes I mean they're just it's just a fair it's a group they can't do taxes no they can't no nobody can okay just clarify okay but but you're saying that regardless it's going to take a judge's legal opinion to straighten this out council member Johnson more than likely absent a negotiated all stakeholder agreement to reduce the impact of their racetrack use um we can back to your comments about enforcement we can send letters until we're bleue in the face but we cannot exercise self-help as you know uh we cannot send the police department to block put blocks up on their property um so it would be it would need to be done through the courts and through whether you frame it as an enforcement action to get them to stop racing or you frame it as a declaration to declare the rights of the parties it still ends up at the same spot is it an Agricultural Society or not and if if how long if we went that route to ask the court to make that determination as to are they a society or an association and what rights do they therefore have how long would that take council member Johnson I mean it's it's proceeding with a civil lawsuit it will be filed there's pleadings um there's a court issued settle you know Court issued scheduling order uh depending on cooperation between the parties there may be some methods of you know I I would hope the fair Association would want this resolved before uh the next racing season um there's maybe some opportunities to seek some expedited review process um certainly if we initiate litigation even this year and it looks like the Racing's going to start and that's the critical issue Central to our case you can move for temporary relief next spring um but I would not um this I would not count on this being a a short or or slow process uh a year or more is not unreasonable so let's play a hypothetical here oh boy if they affir Association not egg Society who is the regulatory Authority they are a nonprofit entity uh just like any other business in the city the city would be they would be subject to all applicable local state County laws and regulations so if we took action to say you know zoning amendments conditional use uh resolution compromise whatever if they're a fair Association they have to abide by the city rules if they're not then it comes back to that gray area of egg Society because even then we talk about what for the fair versus an outside party and that's a great Point uh Mr Mr Mayor when you are let's put on our egg Society we we've talked about the fair Association if they're a fair Association you have wide expansive uh regulatory Authority Under the language of chapter 38 if it's an Agricultural Society um you do not have such wide reaching Authority again an Agricultural Society is treated more similar to local government they have a lot of exemptions uh they have Tor limits you know that's not something a private entity has um they are exempt and a society is exempt from zoning regulations all year okay um a society is also um exempt from local regulations pertaining to lands and the buildings all year and of course it doesn't help that the courts have never construed any of the provisions that we're looking at you know we're in that new frontier of of never been decided arguably under the statutes as written the city would have authority to regulate an Agricultural Society for nuisance purposes I'm not saying that's guaranteed and that we wouldn't have a fight over that but there does appear to be an openness on something other than zoning that doesn't pertain to the building or the land and I'm talking more about the the use hat here splitting hairs a bit but you get the concept so I'm getting the feeling that we can't act under assumption that they're Fair Association and say try to enforce anything we would have to prove that in the court of law that they're not ex and then move forward or we go for zoning amendments and a conditional use permit as is without having to go to the court system does that sound accurate um Mr Montgomery or Mr Mayor Mr Matt Montgomery mayor um it's all me it's okay it's been a long day all the above it it's all the above um kind of a combination of those things there's nothing if you want to um depends on how much Faith you have in your city attorney if you if you believe that my opinion is enough to proceed with litigation you can do that um and and the the court will ultimately decide the fair Association will have ample time and ability to counter and bring forth their arguments and a judge will decide um you can negotiate it's fine uh you can amend the zoning code and if the fair Association doesn't uh like that they can intervene with their own lawsuit at any time um we can amend this zoning code uh give them opportunity to have a racetrack under conditions and apply for the permit if they fail to do it and they conduct the races then you're into court under the enforcement for this is prohibited and you can't do it anymore and then they would come back and say yes we can we're an a society we can do anything we want so again you end up up there um again you have coverage through the league insurance-wise that does not kick in on anything you do as a proactive prosecutorial stance so if you sue them that's on City resources now if you were to draw a lawsuit from the fair Association or from Neighbors that may or may not be covered I don't know that's a a different different question entirely I just want to point that out that it's a significant difference in your risk exposure well it's my understanding there's a new um president of the association so I don't understand why we wouldn't try to come to an agreement I mean why would we want to immediately go to litigation and and cost the city money I mean that's my opinion I would like to avoid litigation as well but I think what I heard uh Shelly say is that we can still act in the best interest of the community and then if they want to challenge that that would be their call because the proof of again the burden of proof of a society has still never been brought forward right so what what I would move down that our stance is they are not they are subject to zoning so let's figure out a way to Zone the area that would allow them to have a racetrack but also address the the citizens concerns that say you know not after 10 or no sprint cars or or whatever the the under outlying issues are can can we get the the fair board to agree that they aren't a society why does it matter well because then it would't fall under our jurisdiction just a question when we talk about resoning because right now they're in two different zoning classifications isn't it the owner of the land that has to apply to be resed or can the city decide to change somebody's zoning good question council member Johnson and the city can proactively um the the use is is not allowed in the zone at all uh either Zone that they're in so the city can um whether you rezone it or create a zoning overlay uh what you would be doing is creating more uses available to the property owner than are currently available with conditions so you're not taking anything away and the city can and often cities do when encountering a new use um change their zoning laws to accommodate the use um in whatever way the city deems reasonable if they want to allow it is it conditional is it permitted what are the conditions on it um they can you can move forward with that proactively without the landowner's consent and if we were to make the change though like like last time it applies to every Zone not just the fairgrounds so if we change like we talked about doing for urban Reserve or if we change it for whatever they are now R2 that applies to the whole city and that was kind of a you know Quagmire we didn't want to deal with last time council member Lal that is a great point and we had having heard that those types of comments and some of that feedback there would be a path to consider an an overlay um an area where a racetrack would be allowed uh without expanding it Beyond an area that the council deems reasonable uh so you would not necessarily have to allow it an entire zone so you could address that I would also point out through the Planning Commission process there would be public hearing zoning of course notice public hearings input um you know you would not be enacting an a new zoning ordinance in a bubble if that's helpful good another beting goes on till 10:30 I like you guys it's okay uh so to bring it back tonight does not necessarily need action you just need guidance to lead us to the solution correct correct if you're not going to be making a motion to say to do you know shut them down let them race no action whatever there tonight is not actionable it's discussion to give you uh guidance as to a solution is that correct that's correct Mr Mayor if you were pursuing litigation um and all of you look to be headstrong into let's sue them then I'd ask for some definitive uh clarification on that through a motion does not appear that's the case uh so some general consensus on the direction to either explore um negotiations or to uh um initiate the process to resolve the racetrack issue through the zoning amendment process which would um initiate essentially Zach's Department to start working on what do what the amendment would look like um what the conditions would be and then set this up for Planning Commission review or if the fair board wanted to seek resoning absolutely that could be that same process absolutely yes it would just then we would be able to maybe get rid of the current two zones and make a inste an overlay make a whole new zone or something I don't that's Poss if we're doing zoning it could come from either the city or from the fair association yes okay and if we couldn't come to an agreement I mean if if we were to say the only zoning cup we'd consider with conditions that races are 5:00 p.m. to 9:00 p.m. no micros only go-karts only four days per month month May through September um and if they didn't agree to it then it probably ends up in court again council member Johnson likely um the city can still enact again what it deems to be reasonable regulations on that use uh and if there's no compliance with those regulations then yes there would be enforcement and either party would likely pursue legal action in other words there's no good answer any other questions comments concerns point of discussion from the council my biggest thing is is uh if we can get an agreement from the the fairboard to say okay we're not an a society so we can move forward with the application to if they want to reone or whatever and because it seems like if they don't like our answer then they go back to the association or the society again and then we're back to square one so I guess if we can talk to them out of court and say Here's here's the deal it's got to be this way or this way so we can start moving moving forward however however we do that would the council like discussion to go through the options again and see which one we think is the consensus of most popular to give to Shell or I just don't sorry I just don't want to kick the can down the road again I mean we've I don't either you know if we just more meetings more talking then we got three new people in a month and we start over like right what's the point they're not you know even if they do agree to Zone do we even have a consent that we want to allow racing there we haven't even talked about that I mean whether it's legal or not it's one thing do we want to have a racetrack in the middle of town that's another question that we haven't even discussed you know right I can't say I love the idea so even if we were to meet unless they're going to say we're getting rid of the loudest three classes we're just having the lawnmowers okay maybe mhm but how long is that going to last right you a year later they'll come back and say oh want to get the micros we ain't making enough money like right I don't know so what are you saying we should do I mean it's not going to get resolved in three weeks so it's not which is why I didn't want to meet in the middle of November I wanted to meet a month ago but nobody else did so I don't know whatever you guys want to do I guess to me I think I think uh if we're not going to enfor our rules like Diane said if we're not going to enforce stuff why have them so then you're kind of looking more at saying go to the go to the judicial thing and I don't want to um I would actually like it if they would just maybe voluntarily shut it down so we don't have to spend taxpayer money but I don't think they're going to do that either but yeah I guess if I was forced to choose I would pick the legal anything else from the Council of course of action um my vote is a negotiated resolution Lisa I think it'd be nice to negotiate but I don't know that it's going to be feasible okay Derek I do you want to actionable or end result I guess you could say that too if you said shutdown I think I I would I don't think negotiation is going to do anything so [Music] Diane I would like to negotiate but my fear with so many things that I see in town is that with limited teeth to enforce anything um I you know I I'm torn I I really am and I don't want to spend the money on getting judicial relief but at least that would answer the question of what options do we as a city have in the sense of do we even have the right to regulate or do we not and if we have the right to regulate how far can we regulate um you know that to me is the beginning of negotiation is to know what legally we have the right to demand or ask for and what they have the right to demand or ask for but if we don't know that if it's that big gray area fuzzy area um I don't you know I I really don't know I'm I'm I'm torn Steve uh I'm still leaning toward the uh the judicial clarification it just always ends up seem seeming like the same argument would that be what you call the Declaration of Rights yes not necessarily litigation that we're going after I'm just de it's litigation it would be a lawsuit but it would be seeking for of a declaration Ryan your mic hasn't been working tonight is there anything that you'd like to say nothing all right I'm glad I'm not the only one that couldn't get the [Laughter] mic uh well it didn't work for me either so there might be something it could be on our end how about this um let's go back around the horn again and let's say what is the end goal and we'll see what it takes to get there so what do you want to see ranging from what they currently did this last year 600cc mini Sprints noise let them go all the way to shut down does that seem fair to the council what the end goal at least and not necessarily the end goal but just what the next step the step that we would try to get to for whether that be the beginning of negotiations for trying to make it legal or permits or whatever does that sound fair to the council for discussion purposes all right Laura what would the end goal be um ATT track but addressing some of the citizens concerns with noise and timing okay track operation with conditions yep Lisa although I don't want to go to court I feel like we need to know what what they are as an entity if they're an egg Society truly or not which sounds yeah let's take about the track specifically the track yeah do you want to see shutdown do you want to say let them race do you want to say cuz what I'm trying to look for is the the end goal the objective that we are going to try to achieve that's hard um I guess all in all no track okay Derek um I guess it's two phrase answer if there's going to be a track it needs to be legally done but if it were my choice I would say either no track or if there is one then those loud ones got to go okay can't have it loud or terrible danan I would say if if there is a track that's going to be used outside of during the fair correct that it definitely would only be the Gokarts that don't bother seem to bother so people and low noise yeah and and hours to operate in limited operation and no no expansion so track with low noise and no expansion Steve that's a slippery SC I think everybody here that's anti-track is anti-noise I think that's the that's the number one concern if if they want to go around and and have fun that's fine with me too but don't Anno you can't annoy the neighbors so noise levels that won't I'm gonna I mean I mean no track if it comes down to it but but yes it can be peaceably done with everybody you know I don't want to just [Music] yeah Ryan I know the mic's not working okay no opinion on this one we'll just okay someone you want a lip reader we should test that sometimes pretty sure uh my opinion would be no track but it's not to shut it down indefinitely it's to get back to the starting point so that we can correct this clear this up and do it right if we were to continue the track I think my goal would be Sim the low noise when they talk about the kids the small carts that don't make any noise you can't even hear it off the property uh I think anything that makes additional noise is technically against the law and we shouldn't allow it the city law shouldn't be in that uh residential or urban renewal to begin with so I'd start with no track and negotiate from there again if the case that has to be made is their burden not ours we're regulating I would go to no track and then start over so with all of those answers Shelly does that give you more guidance now if like if we were to negotiate who would even do it who like it wouldn't be all of us would it they do have an attorney uh so it would funnel down from the attorneys okay and I will note that she is present today and has heard um but you know that was not an agenda item you know so um there you know that that firm is well versed in local land use um laws and regulations so um perhaps the next step is to follow up with her um after they have heard the comments from the council this evening and see if there is uh a path forward with um the reasonable regulations on the race track um you know again I I know you're loathed to push this out to so many meetings so you know if those if there's if if you know and again I I think and I I don't think it'll come as a big surprise to them that the big cars whatever you call those um those those are the problem and um the the issue is whether they they can race those in a quiet manner um if not will the um Fair Association do its part in prohibiting that use of its property um I'm not sure will We Know by the next meeting what yes yeah I anticipate that the the fair Association doesn't want to drag this out needlessly either um so I would anticipate that that there would be some indication earlier or sooner rather than later on on whether they would be receptive to to that particular outcome so what is the next step from up here nothing further tonight mayor Montgomery as long as everyone feels they've um said what they need to say given me Direction they each individually feel I feel as a council you've you've indicated that um reasonable restrictions on racing is a top is the top priority within this issue um whether that can be done through negotiated resolution with the fair Association is yet to be determined I will work on that um and can report that back uh obviously to staff that that will then decide if if and how that gets circulated up to you guys in terms of The Next Step sound fair to the council yep all right thank you everybody uh that gets us to the point of the night where we've got reports uh we can go through Maggie Chamber of Commerce good evening Council mayor um I'm here to talk about Deck The Falls we're going to put everybody in a cheerful mood um first of all I want to say thanks to Public Works I think you guys probably noticed the lights are up in Chis in the City parking lot and then the snowflakes were up today and they look great so thank you to the public works guys they do a lot of work putting those together Garland will go up in a couple weeks and then the um Community Christmas tree will be lit also so thank you to Public Works um quick recap for deck the falls it is November 30th it'll start in the morning with a Lions Club pancake feed um followed by small business Saturday this is a great chance to support our local businesses they'll have different sales open houses specials going on throughout the day um Santa will be at the library at 1:00 p.m. for story time and then U you can visit Santa and Mrs clauset Cannon Bells from 2: to 4: the canf falls Diamond Club the baseball team is going to do a chili feed again this year they did it at tan last year it was great turnout um it's a fundraiser for them that's from 3:00 to 7 and then our parade starts at 5:00 we currently have 25 entries where we welcome more so if anybody would like to sign up um that information can be found on our website or our social media and then uh after the parade we do raffle drawings at the Gazebo the tree is lit and then we have fireworks so any questions good job all right thank you guys have a thanks Maggie uh the Planning Commission met all the way back on October 21st is there any report from Planning Commission uh we we discussed uh be Rock the conditional use permit and that was it yeah and we approved that tonight all right uh joint Powers Trail board oober 22nd yeah um we were awarded the grant for the mile 14 and 16 slap failure so that's a good one we'll be uh fixing stuff there we go always good to fix stuff uh the Eda met on November 7th um Laura gave us uh an update on hardwood Estates uh some lot sales updates uh and our Eda President John do uh we accepted his letter of resignation so he will uh at the end of 2024 he will be stepping down um and then we awarded the 2025 Ceda contract uh to Laura for her her work as Eda and the the contract in terms uh Public Works and parkboard also met that same night November 7th well we talked about the well MH and then everything else was on the the consent agenda all right thank you uh we'll go Around the Horn uh Jed anything um got a couple punch list items on John Birch Park and also the 20 23 2024 project and they're just about wrapped up the walls looking awesome they they were out there today doing some finishing touches um they got a catwalk they got to put some railing up over over the first base still but um yeah things are wrapping up looking good um tomorrow uh minda is going to Mill and overlay from on 20 from uh 19 all the way to River Road here they're going to shut everything down I just want the public to know that you cannot get through there um it's just a one- day thing right it's supposed to be a one day thing um as long as it do rain hard I think they they should be able to do it so I've been watching the weather today it looks like intermittent shower so it shouldn't hamper them too bad but just the public to know that it is going to be shut down they've been dropping off equipment all day today so it is happening so um and other than that that's all I got thank you all right what's that the mailman will get through oh the mailman will get through but nobody else Zach you got anything tonight all right Chief so me you talked about Deck The Falls uh the parade there will be some traffic disruption um some of the uh streets be posted for n non-p parking um so you know for residents just uh you know when you're going downtown on that that Saturday just be aware there will be some restrictions all right they should be pretty minimal and uh as usual I expect that the parade will be a good time for all all right thank you Chief Sarah I just wanted to give it a shout out to all of my election judges that worked the election on the 5th they did a fantastic job and um everything went uh very smooth um I will say that we our every they balanced at the end of the night we went to the county and it was a nice quick In-N-Out versus some people had to start over at the county and we were leaving at 11:45 and they were just starting so my judges are fantastic so well and I want to say congratulations to our community because if my sixth grade math skills prove me right did we have like almost an 89% voter turnout from registered to people to tablets or it had to have been pretty close it was almost 90% had we had that day almost 2,000 people come into City Hall to vote um and then there was about 500 absentees so there was 2514 which was one less than 2020 wow 2020 we had 2515 so it's pretty cool somebody forgot to show up someone did they didn't do their jobed Shelly would you like anything else to say today nothing further thanks for your time thank you Shelly thank you Neil I'm good all right uh Around the Horn Laura I'm good Lisa I'm good Ryan see if the mic works this time hi all right Derek uh just want to congratulate the new council members Chris snach Chad Johnson Lisa Zimmerman and of course Laura for winning another term congratulations wish you well nicely said Dan yeah it's good to see you some folks here yeah absolutely Steve uh me too and then uh Happy Thanksgiving to everyone we won't see each other till after Thanksgiving so have a great holiday I assume you're getting your fale turkey right absolutely there you go you have to don't we all get fale turkeys I hope you do I hope everybody does but I hope you come to the store no can't can't afford that on yeah go find John he'll see if he can help you out H uh I want to say the same thing congratulations to everybody it's nice to see you guys here uh becoming a part of the process and we appreciate that you want to serve the community uh as Brad said earlier uh being a elected official is not always the most fun but we appreciate that you guys are willing to put your best foot forward and uh serve the community and also Sarah you still I mean that night almost 90% that's amazing at speaks well for the community uh that's pretty much all I got so I would take a motion to adjourn and Ryan you can just turn your computer off so that you're absent for the vote so we don't have to do roll call we'll see you later uh I would accept a motion to adjourn so Move Motion from Diane who' I get the second from from Steve all those in favor opposed and we are done thank you everybody