##VIDEO ID:j6x9ztbEEx8## e e e e e e e e e e e e e e e e e timber that's me I know everything we paid like $7,000 for the engineer call to order city of Canon Fall City council meeting for Tuesday September 3rd 2024 if I could get a roll call please GMI here grot here jeffson here Johnson here Cronin burer here londelle here Montgomery here please rise for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America to for which it stands one nation God indivual liy and justice for all if I could get a motion to approve tonight's agenda oh moved second the second is uh so Ryan introduced and then Lisa with the second all in favor I opposed carries that gets us to public input 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 each speaker will have no more than 3 minutes to speak speakers May address topics relevant to the governance of the city speakers must sign up in advance 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 and if the speaker refuses to comply they may be removed 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 public input but may choose to schedule consideration of the item on a future agenda now the two biggest issues that we have tonight have already had their public hearing however um we still only have four people who have signed up so we're going to allow this but I am going to hold you to your three minutes okay all right uh so to lead off we got furland Miller good evening um I'm here for the can valy fair I live on Minnesota Street uh I would just like to ask to have uh the a pulled and not even heard any questions for me all right thank you next up we got Paul Anderson good evening I represent a group of citizens who support the planning commission's recommendation to deny the Canon Valley Fair's request for a text Amendment we are also against the granting of any permits or conditionally use permits for motorized racing within City Limits many of us have sent emails listing our concerns which include specific legal rulings supporting the reasons the racetrack should not exist in city limits the following are the Consolidated key points that we need to have considered and addressed by the city council the first is why the Canon Valley board and Canon River Raceway are allowed to bypass City County and state requirements the Canon Valley Fair is a district fair yet the fairboard has operated as an autonomous organization with all the Privileges of a County Fair while we value the fair's importance to the community July 1st through the 6th we do not appreciate the unilateral decision to break state county and city noise ordinance rules for the other 359 days a year the second we want to understand how the city is going to address the citizen complaints citizen complaints were filed with the pollution control agency as early as June 10th during a follow-up call with a PCA representative on August 12th we were informed that the PCA reached out to the city on two occasions to coordinate the transfer of noise measuring equipment without success in addition to the PCA complaints there were many noise complaints that were sent to the police during race events that were not addressed and so far no actions have been taken to enforce the state noise [Music] ordinances our next point the Princeton Speedway should not be held up as an example of a track built within City Limits The Princeton Track was built in 1956 State noise ordinances applying to tracks um State noise ordinances apply to tracks built after 1996 the better examples are expensive precedent setting failures of the two proposed Minnesota tracks since the 19996 stature came into effect Motorsports Park in Eagle Lake pulled their plans after the Minnesota court of appeals rejected their proposal twice Wolf Creek aabon withdrew their application after post environmental assessment they were required to complete an environment Al impact statement our final Point has the city considered future expenses related to the text Amendment or conditional use for motorized racing within the urban zones of City Limits there are three things that need to be considered the first the handbook of Minnesota cities includes the liability chapter that states anytime a city makes a zoning decision without affording affected Property Owners due process liability may also arise except for the recent Planning Commission meeting on 88 there's been no due process regarding the track additionally two separate Realtors have confirmed with the state legal council for realtors that disclosure of a racetrack is mandatory anything that impacts the use and enjoyment of one's property must be disclosed by the property seller so even if the seller is not bothered by the noise the Realtors are required by law to disclose this fact and finally any action taken by the council to enable the forbear the fair board that leads to decreased real estate values opens up the city for subsequent Financial repercussions a recent ruling by the Minnesota Supreme Court had the city of Rochester writing $160,000 check to a property owner for their lost value due to rezoning that resulted in noise pollution so I stated in one of our emails to the council Paul yes time time's up thank you thank you uh next up Kurt Basel by I've heard it both ways I apologize of KT bisel live up on the West Side 1231 Minnesota Street West thank you for the opportunity to speak with you this evening what I have is just a a letter that I sent to the Planning Commission two weeks ago on August 19th I'd like to just read that and just some comments at the end there in May of 2023 concerns regarding noise environmental and other issues resulting from the tracks construction and operation were raised during an open Forum during a regular city council meeting in advance of the meeting a petition was circulated to the affected Neighbors on the west side over 100 people who had the chance signed it during the meeting all assurances were given by the fairboard and by the racetrack developer to the councel to the citizens and attendance and to the subsequent local newspapers that the noise from go-karts would be minimal we were misinformed by the fair board in the Canon River Raceway the amendment should not be approved consider the following one in addition to go-karts or kid karts many Heats include micro sprint cars with 600 cc's and up to 140 140 horsepower engines that are allowed to race these burn alcohol and they have the ability of going up to 100 miles an hour in open track number two the Canon Valley Fair is not a county fair and it is subject to the zoning regulations of the city of Canon Falls in goodu County Minnesota statute 116 07 section 1.4 States local governing agents agencies are relied upon to enforce enforce noise standards related to local land use number three Canon River Raceway LLC Minnesota registration is a separate entity from the fair and should be subject to All County state and city ordinances and regulations number four additional statute 116.0 states that tracks built after 1996 must comply with State noise ordinances the statute has ensured that no track since 1996 has received permission to build in or near a community of citizens number five further a discretionary environmental review should have been undertaken before any groundwork was broken for the track to determine the adverse environmental impacts the Minnesota Federation of county fairs does not recognize a Canon folds Fair nor is it listed as a County Fair due diligence was not performed to assure the fair board status prior to construction no other entity would be allowed to begin construction without their full understanding of their legal status or Charter this cannot be overlooked I ask whether a project of this kind would be a consideration on the east or South side of can fall Falls within the urban expansion areas should residents and property on the West Side be looked at any differently if so explain why the Canon Falls fairboard is asking for a change in the text Amendment allowing motorized carts within City Limits a request which has already shown to create turmoil within our community the canf Fall City Council has absolutely no obligation to the fairboard it does however have a responsibility to ensure that decisions made are in the best interest of their residents I appreciate your time and commitment to our community and ask that you now support the planning commission's recommendation to deny the text Amendment thank you thank you and last one Brandon Allison bethl Rock Church good evening mayor Montgomery City Council uh my name is Brandon Allison uh 544 312 Street Path uh Canon Falls um I'm coming as a pastor of a church um we we planted here in November of 2020 22 we've been going pretty strong uh we're excited to be here we really enjoy being here um we actually just in June officially became our own General Council Church through the Assemblies of God uh so we are a Canon Falls specific and uh Canon Canon Falls uh own church so uh we're pretty excited about being here um as I said my family and I moved here uh we really enjoy Canon Falls we've also brought other people too I know we have uh the Fishers have moved to town just because of the church and then we have the Johnson's that moved here that were under a a short-term one-year lease and they had no plan on staying but they found a church community in our church and they said that they're looking to now buy and stay here in town um with a church you know there's a lot of different things I know there's loss of tax but there is economic benefits and the presence of a church can enhance property values but not only that but like I said it can bring people in from all all different areas also with the existing Zony the B2 district is primarily intended for commercial use however it is worth noting that many religious institutions are operating Su successfully in commercial areas uh providing stable and uh uh providing positive and stable stabilizing presence from research of surrounding cities uh as well as good Hue County uh many allow for religious institutions to operate within B2 or similar uh Rel or similar districts as well I believe Zach can confirm that um and then also currently with the currently permitted uses of B2 that allows for theater off a theater office clinical General Hospitality a commercial daycare all similar activities that which a church does and we're just uh asking for a religious in institution to operate under B2 uh to be um uh request to really have equal footing in there um and we do have Community Support I've actually spent time uh talking to other business owners within B2 and I brought letters with me from uh from the valy V Recovery Center from uh Dan Curran or owner of specialty industry Josh at Allied valve Kevin Manley who owns muddy duck uh Marlene Banks and her husband Bob for banks outdoors and I've talked to many more that I don't have support letters with that would be within that same zoning and operating uh and really the grand O2 it's really the best opportunity we've looked into other opportunities in town we actually looked at the Terrace right after they closed it down um and even at that time the mold in there was so severe uh it would cost so much back then we tried reaching out to the owner and they wouldn't even respond to their own realtor uh we tried and then we again just to appease tried again about a month ago with no no avail and I can't imagine what it looks like inside uh we just honestly couldn't financially support even redoing that place let alone trying to operate out of there but with the the current building you know there is vacancy that's been around for for quite a few years we'd be able to walk in and operate pretty shortly and uh really it's it's just the best opportunity for us in town uh and it would allow the first congregation to be able to have their facility back fully to themselves which they've been so gracious to allow us to use but I know they're looking forward to it so thank you so much for your time and consideration and thank you for listening me out God bless thank thank you all right that brings us to consent agenda consent agenda items may be adopted under one motion as presented or may be removed for discussion and resolution as Council business tonight item a just and correct claims for the accounting period ending August 28th 2024 Item B meeting minutes for August 20th 2024 City council meeting and item C resolution 2779 approving James hey vacation request are there any questions from the council Diane and I don't want to pull it down if I can didn't go on um on the finance report under general fund uh page 20 of4 something anyway it says engineering uh Timber Ridge observation 5,000 some we pay that or do the does the developer reimburse us for that that's all reimbursable so they'll yeah okay yeah it's in the developers agreement I believe it was like 23,000 or 22,000 okay that was uh paid upon the signing of the developers agreement thank you all right any other questions if not I'd approve a motion to approve tonight's consent agenda so moved motion from Diane second second from Ryan all those in favor I opposed carries gets us to council business uh item a the Canon Valley Fair application uh before we open this up per ferland's request during public input uh is this something that we would table or is this something that we should follow the Planning and Zoning commission and have a vote uh thank you Mr Mayor given that comment and I've reviewed the application um my understanding is that the application is submitted by the fair Association itself as the property owner um as an association it is a Incorporated entity which speaks through its board um or it's you know through a resolution and and without that here I and I I do appreciate the board member of the right but a board member single in the singular does not have the authority to speak for the entire board I mean if if the board if that's the direction of the board we need more than that what do you need from because that's what they put me out here to do is represent this um Zack if we have time uh under1 1599 one option would be to table it um which would give us and staff time to make that official if that is what the applicant wants to do um as council is aware uh decision needs to be made on a pending application uh so we will you do have some risk I mean we need to make sure a final decision is made if in fact the application still stands if it's pulled then it's it's pulled and there would be no action required um are we within that 60 days something or other July 30th we have till end of the month September 28th we have another meeting before then do we have another council meeting before that yes so you would have council member cronenberger you would have another council member if in fact it it Chicago for meeting sorry yeah um and so that could be taken up on the next meeting uh the risk the property owner of course if a decision is made a decision is final and does have some ramifications in terms of reapplication and things of that nature it's something to consider as you're thinking through your options any discussion from the council at this time on to well I mean the application furlin is the one who made it on behalf of the fair so if he and the fair want to pull it I mean and they probably have to come in and officially do it I would think but we could table it or you can just vote it down and be done with it then he doesn't have to come back in well yeah I think if it's voted down they can't reapply for is it a year six months maybe yeah yeah whatever just table it and let them think about it well were you suggesting table it or to vot I was just bringing out the other point yeah if the council prefers to come I mean discression of the council if they prefer to come to a vote and have discussion on the uh application for zoning that in front of us tonight we can definitely do that Berlin you're pretty sure the fair board would do a resolution to pull it from the agenda yes we don't feel that it's the proper way to handle it with the ramifications show whole city okay we were intended or led to believe that it was just that little piece we're talking about not the whole city we never wanted it for the whole city that's not our intent okay then so I would then think we should table it and allow the fair board board I'm time to do official resolution Shel we um one other option would be you can um remand it if you will back to the Planning Commission uh for you know we'd say further consideration but it would be to allow staff to work with the property owner to determine if there are questions because I did hear some issue or some uh concerns about what the request means and there might be a need for clarity or at that point they could decide to pull it as well since it's before a final decision so back to my original question you could do that as well if we're doing all that then you're we're still being held to that 60-day thing is there any way that can be pushed out ask for an extension yes council member gasmi mayor Montgomery you can extend that um I'm not sure if that would be needed in this case it sounds like this could come to a a final quick resolution one way or another but it would be extendable if if there would be a need for more time but that would be not back to Planning Commission because that would push it back if we just table it but ask for an extension of time because I don't think we're going to be ready in two weeks no we will I don't think I will not be present in two weeks I will be in Chicago for work uh if you guys if it was extended we could be here in the next month meeting regular council meeting because that will have been through our meeting and be able to fill out or whatever we need to do so the next council meeting with the extension we would be here at that one to take care of so you're not the one in not the later September October one October October one we could have all after this one you w't be here no Mr Mayor yes um the if they pull it and we receive documentation uh supporting that uh technically the council there would be nothing for the council to act upon at the next meeting if you were to table it tonight yeah because yeah they can just come in and talk to whoever and pull it right and then yes yeah okay and I think we ought to table it and give the uh fair board a chance to do what they want to do get the paperwork or whatever we need you or whatever it is all right I'm going to make that motion motion from guesmi to table item a second second from Diane any further discussion all those in favor I opposed it is tabled uh Item B bethl Rock Church application for zoning text Amendment Zach thanks for yeah thank you Mr Mayor um Beth Rock Church is applying for an ordinance text amendment to amend the code in the B2 District to allow religious institutions via a cup um in your packet you'll see the zoning regulations in surrounding communities and how religious institutions are zoned in their respective cities um Planning Commission did vote to recommend approval at their last meeting um and just like any amendment I think it's important to refer to city code 15257 when making your decision but I'm here if you guys have any questions about it all right uh discussion and questions from the council familiar with The bethl Rock Church application no discussion I just want to publicly thank Zach for doing a a really fine job on giving us two re two resolutions with findings of facts that what ever we do tonight is done and we don't have to bring it back again so good job Zach thank you okay so so if we vote in favor of this we they still have to make an application for Cup right is that a motion well I I just wanted to add um I think a lot of people have done their homework I've had a lot of input from citizens so Canon Falls and uh they're wishing to um I guess I've not really heard anything against this text Amendment and I think uh that being said I'm going to make a motion to allow the text Amendment or to approve let see I'm on the wrong page ordinance 405 okay what Neil said a motion from guesmi to approve bethl Rock Church application for zoning text Amendment um Mr Mayor and council member GMI what I would recommend is um given that a text amendment is a change to the zoning code we need to proceed along the paths of an ordinance so to be consistent with the charter requirements as well you've got half of the the motion correct to approve the application and then would also approve the first reading of the ordinance provided everyone's read the ordinance because that will go into the books as written unless you have any changes if no changes then the motion should be that dual fold approve the application and the first reading and the first reading thank you make a motion to approve the text Amendment change in the first reading of the we don't have numbers already 405 405 so motion from Steve to approve Beth bethl Rock Church application for zoning text Amendment and item 405 first reading ordinance 405 first reading second second from Diane any further discussion all those in favor I opposed carries gets us to our reports uh did the uh joint Powers Trail board meet yes a couple times great was able to go to Friday so I'll let yeah um we're still discussing mile 14 and mile 16 slope failure how to fix it been working with whks and out of four options we picked one the single wall something I don't know I didn't bring my notes we've had some long meeting that's and it's going to happen we well we applied for a grant um fingers crossed that we get it and we'll be able to fix it and keep our Trail wonderful yeah uh no others so we'll just go right around the horn Jed mayor and Council um projects are moving along our third uh Third Street uh project uh there all the storm is installed they should be starting to uh grade streets and hopefully preparing to to do curb and and whatnot in the next couple weeks as uh everything's it is progressing um John bir Park the roof on the third base Dugout was poured last week they're they've dug the I think they I don't know if they poured the foundation yet but they've dug a hole and getting ready for the first base uh Dugout foundation and the wall wall looks amazing so yeah I if you haven't had a chance to look at it it's looking great so that's moving right along uh hardwood States they paved the the neighborhood hardwood Estates neighborhood um they're working on the the turn lane and 72nd Avenue way should be getting curb and Road prep probably this week and next so all right um and then Timber Ridge they've paved and and uh home couple homes are being framed so moving right along any other questions for me all right thanks Jed thank you Zach yeah uh can't believe I'm saying this already but I'm getting ready to send out um renewals for liquor licenses tobacco licenses that sort of thing probably next month so anybody who's local business in town um it will be sent via mail and I just appreciate it if you could send it sooner rather than later but that's about it all right Chief thank you Mr Mayor um console if you recall earlier this spring uh you approved a whole slew of street closures for different events that occur here in Canon Falls um one of the nice things about those is the organizers typically contact us about a month in advance just in base letting us know what their their needs have changeed that type of stuff uh we had one of those conversations today um and discovered that there was an oversight in the memo that we put before you guys uh the San Valley art fair was not included in that um if you want to take action this evening to approve it um I'm fine with that if you'd prefer that I write up a memo um I certainly can do that it's an event that we've done for five or six years I believe I would not expect it to not be approved uh however um they're about a month out there be October 4th do they close down veterans lane behind the VFW yep um and so we just we don't want to put them in a position where they're just unsure it's going to be approved but I certainly understand if Cil chooses to have me bring it back in two weeks council do you prefer to take action tonight or put it on consent agenda for the next meeting we can do it right now or we can all right so the request would be to close veterans Lane between Street and 4th Street uh from October 4th uh the 5th and the 6th it would close Friday evening the 4th so they could get set up uh be closed Saturday uh closed Sunday until that evening uh when they tear down and then uh reopen the street all right I would entertain a motion to approve closing down veterans Lane for the San Valley art fair in early October don't moved motion from Lisa second second from Laura all those in favor OS carries anything else Chief that's uh the biggest thing so all right I'll save it for the next one thank you Shelly nothing further thank you Sarah Neil Sarah Laura no Lisa Nat public work before the end Diane no Steve no I got nothing I entertain a motion to adjourn so Move Motion from guesmi second second from Jepson all in favor oppos we're adjourned thank you everybody