##VIDEO ID:zMebADVge5M## e e e e e e e e e 3000 good evening everyone to the uh Planning Commission meeting for August 19th turn the volume up Sam can you hear us uh roll call Hemma here Johnson absent so far uh I'm here Fox here no here can I get an approval of the agenda I move to approve the agenda second move by Hammer second by Jesse to approve the agenda any further discussion all in favor say I I oppos carries and I get a motion to approve the minutes from July 8th so moved second motion by no bo second by Hemma to approve the minutes from July 8th any further discussion all in favor hi hi I oppose motion carries okay the next thing on the agenda is agenda is the public input everybody that's signed up for this looks like they're signed up to talk about either the track or the church so that won't be in public input that will be during the public hearing so anybody else wishing to talk on anything other than those two items can step forward now otherwise we'll wait till the public hearing okay so we'll dispense with the public input okay the next item up on the agenda is a vacation of RightWay for Mr James ery and and I will note that uh commissioner Committee Member Johnson has now arrived so we have a Full Slate so the uh Zach if you can fill us in on the vacation application of James hery yeah so the city received an application to vacate an alley there should be a map of what it specifically is going to be vacated in your packet but essentially it's the alley between Fifth and Fourth Street and Ohio and Washington Street um the majority of the residents who live up in that area have signed a petition um in favor for the vacation the alley is a site of a future storm water project um and currently it acts as a drainage easement for all those lots that are up there um I talked to our city engineer and he didn't see anything specifically wrong with uh you know vacating that alley but he did kind of Express that we would want to maintain an a blanket easement over I believe it's a 16 feet the width of that alley um but that is kind of the some background about it happy to answer any any questions you have so um with that I'll will open up the public hearing anybody wishing to talk to the vacation of the RightWay please step forward to the mic second call anybody wishing to speak on the [Music] vacation third and last call anybody wishing to speak on the vacation of the Aly for James hery hearing none I'm going to close the public hearing uh discussion committee uh I've I've talked to Jim about it and uh I lost him in the crowd year uh and he's he's aware if it does get vacated he still has to we're still going to have a a drainage easement through there because in our one of our next planning drainage plans we're going to have to go through there to drain that so um Jim Jim's aware of that and he has no issues with that part so um I guess whatever does does that easement come with the the contingent like you can't build anything permanent on top of that easement Jim's aware of that okay um are we allowed to ask Jim since he didn't do the public hearing are we allowed to ask what you plan on doing with that property or anybody else applying Jim you want to step forward I'm not going to use it other than the fact I'm probably going to put a carport next to my garage and uh with a setback of 5 ft from an Alleyway the car part would be really close to the garage when the snow comes it's hard to get two to three feet to clean the snow between the garage and the carport so I thought if it was vacated it it would gain a couple extra feet that was a reason for it it's it's it's wasted land anyway nobody's going to use it but I understand it needs a drain back there because it's it's a low area and I accept the the uh easement of doing that okay that answer your question that's all I had for him anything else I have couple more questions okay so does it get split 50/50 then Property Owners split 50/50 on the easement that's right yeah so he would Jim would get eight feet of it I believe it's 16 feet 17 feet so it does go to the adjacent property owner so that's kind of right down the middle if they sign if you didn't sign for it then that won't be part won't be vacated but should be a map that kind of shows exactly in your packet what but and then does this end up getting replatted does somebody have to come out and Survey this and replat it and pay for those services at all is the city on the hook for that City won't pay for it but it does need to be brought to the county yeah so is that on JY and everybody else that applied or who pays the county pays for it or okay gotcha okay any other questions Bruce anything well I'm going to make a motion to approve the vacation a second motion by GMI second by Johnson to approve the vacation except for to retain the easement any further discussion all in favor I I oppos motion carries okay the next thing we're going to discuss is the lot split for Artisan Plaza Zach yeah so the owner of the Aron Plaza is hoping to split off the northern roughly 26,000 Square ft of his property um down there off four Street he's since the county does maintain control of Fourth Street he had him reach out to the county and they did approve the uh the access there granted there's a pending a couple um I think it's three uh three stipulations that the uh the owner is happy to meet um the New Lots or the new lot excuse me does conform to the the B2 standards um and the applicant has also agreed to add 10 new parking spaces to the already existing lot um so it stays in compliance I added a list of some of the permitted and conditional uses in the B2 Zone um so those are some things that could be put on that Northern lot but I believe Kevin is he's here if you guys have any questions for the applicant uh can you come up to the podium Kevin my favorite thing come up here right in front of everybody absolutely no I dressed up for it though do you have a bumper for a 69 no never mind yeah I do have a bumper for a 69 Mustang you right so uh I was reading through some of your uh emails and stuff and your closing to put a possibly a drive-thru coffee thing in there shop I'd like to some not not immediately but I'd like to that like three four years down the road right y okay so uh if that doesn't work and you what is there something else that maybe you were thinking about doing with that lot so you're looking for me to have a plan and a contingent plan well I'm lucky just to have a plan I'm just I'm just look in you in the eye and say no but I but I but I figured have to come back through the city council and Planning Commission to get it approved anyway so yeah at that time no I don't have a contingent plan no but um okay so um I don't think that matters yeah but I like talking to Kevin so you guys should come over the shop sometime I'll talk to you but uh Zach as far as the the um I looked through it and a lot size is the dimensions are fine to split right at greater than 20,000 ft withd of 80 feet should be long yeah everything should should be in place there I think the parking spaces were the immediate worry but he's agreed to to add 10 new spots and then ums my other question um and I I did see and I think you alluded to it as far as the you're probably going to have to move the driveway yes North yes and then that driveway will split the properties right right it'll split the properties yep but I won't do that till I figure out exactly what's going to go in there so and then say someday you sell one one part of the other there's going to have to be an agreement as far as access with that ex to each property yes we have to get one of those attorneys evolved dang it it's all the questions I had I would uh on the map can you can you ballpark where where the split is going to take place for me I mean is it so the the new the new lot is 80t 80 ft correct yes if you look at there's a there's a survey um of the whole property yep and that southern one parcel two that's the ex or that's everything's existing but he wants to split off what's parcel one um so if you right next to the John Deer equipment there first 80 ft yep just right here roughly yep go [Music] away hey a question so you're not going to move the driveway until you decide what to do with the northern lot that's right okay is that going to be a problem if you were to sell both Lots I know one of the that you can't have any future accesses off what's going to be proposed so are you if if he sells it you're saying is that going to be a problem yeah didn't sound like the engineer or engineer from the county was concerned about that as long as there was as long as it's not landlocked obviously but um to answer your question if I sold either parcel I'd probably have to move the driveway before I could before I could sell one or the other okay I mean that would be I mean I don't know that for sure but that's that would be the common sense thing in my opinion it' have to be done first otherwise it just be a problem later on and then it would have to be an agreement between both land owners that's right because the counton is not going to allow unless you had an agreement with a new guy that purchased it tell them it's going to happen in the future or something and you had it drawn up would be the only only way around that I guess I'm I'm just curious why this is coming to us now if your plans to do this in three or four years you know it kind of seems a bit premature that you don't have a site plan I I know you have the survey for the parcel to come off but you know I guess I'm just Cur I love the idea of a coffee shop there for sure I would use it but um soul I I'll hold you to that I certainly would um well I I just came in to do a lot split and then the city say well you have to have some some reason for doing I mean you know why are you doing it it's like well I want another business there and they go what are you what are you going to do and then so I came up with a business that uh I want to do down the road everything takes so much time anyway I mean this has already been a year in process what if I wanted to do it you know a year ago it still be sitting here waiting I'll be ready for it now right I guess I'm just curious I mean what if you know what if you don't build a coffee shop there what if you build a different business business you have to come back here or what if you walk away then we have two Parcels there and one may not be suitable for someone else to come in I'm just well you you could say that about any parcel I met all I met all your everything the city asked me to do I met every single thing there's no I'm not asking you to make any variances so you guys set up the code and I followed it that's what I did so there's no reason you guys shouldn't approve it because I did what you asked me to do just like you could go through every parel in the city and say that exact same thing after the after the lot split M the 80 foot wide is within our whatever so right that's that's your guidelines right I followed your guidelines 100% I'm not asking for any variances whatsoever and and everything moves so slow not only in this city but every city so you want to do things in advance so when you when you decide I move fast when I want to do something I want it done like right now so it it doesn't work that way you know I'm not going to wait a year after I decide what I want to do to get to get something going I may decide next spring to do it you know then I have to wait another year after that to get it done I don't want to do that so I'm just I just want you to understand the risk too of what's go what happens here because if you come back here and ask us for a variance we just had this go down with Dollar General we approve variances Council said they would not approve any variances for new construction so I'm not asking for any variances I understand that I'm just saying in the future Dollar General I mean that's right across my car wash it brings me more business what the heck but I just wanted you to be aware of that that Council shot that down and that's the thing if you somebody told me the mayor did but I don't know if you well yeah sorry yeah but if you don't have a plan in place and you come back later and you're asking for a variance that's a risk you're willing to take at some I'm willing to take that absolutely sir so uh so what's the benefit of doing the lot split why not just why not just build it well because if I want to if I want to keep one and sell one then I you know okay I have two different properties there gotcha so if I build a separate business there you know then I have to sell them together you want to buy a coffee shop and a commercial building all at one time yep yeah you do no person I'm just kidding um I don't think you have the right price [Laughter] for I just need to go back I Diane the person that couldn't find the park parking spot I know I um I'm I'm only I mean everything seems fine to me except the driveway so if you were to sell the South lot yes prior to that sale would we require the driveway to be moved because otherwise the new owner could say I'm not moving my driveway well it it either require to have it moved or have something written up you know by an attorney that's that's binding you know one of the other I guess you know sounds like the county won't allow three access points down there yeah and I understand that I would if I was them I wouldn't allow that either I mean who wants who wants all those you know exits coming off there you know we already have one exit for the artists on the south side and have one split on this side over here is no problem and I understand that completely yeah other than that I think it sounds good perfect and I probably would have found a parking place sir there's a lot of cars out there I didn't know there's many people in Canon Falls Mr chair Mr chair yes um just so you know any lot that's going to be created has to be conforming to city code which does not include any landlocked piece of property so there has to be access to it there has to be the frontage there has to be width and uh square footage and that's uh and that was signed off by the goodu County engineer correct so the drive the driveway has to be mov driveway has got to be put in so then the question is are you going to be able to move the driveway can I move the absolutely I can do anything you bet but that has has to be after this becomes official he's got to move that driver or can you wait till it's he's got to put it in to split it okay should be in to split it you can't create a non-conforming lot I can't put it in before you guys approve it of course although I've consider that kind of stuff before never done it obviously so we're we can approve the lot split with the caveat that he's going to move that driveway correct counties already already have that in their stipulations you guys can put down an addition but they already have that Mr chair you can you can uh approvals can be made conditional and so you can the city council can approve the the subdivision the lot split and then not and not release the because typically it's either by a letter or or a stamp in the deed and not release that until those conditions have been met so this the the approval and actually the split are two separate parts moving that driveway is not a big deal it's not not like we're moveing Eiffel Tower here or something okay but so we can approve it subject to that condition or do we have to wait and have them move it no you uh Mr chair members of the commission um you can uh you can make the approval with that condition or any other condition that you want on there um and so it's a it's a conditional approval and so this the the actual the approval is there and then he has to meet these the conditions a b and c prior to the being able to record a deed that would split the uh the property okay that's okay well the county already has that on there so I mean of course that's okay because whether you guys put on there or not it's already required by the county so I guess I have a a question for the committee here um you know the way Zach wrote this up it says that in order to ensure the lot split is for the purpose of accommodating a future business a resolution may be drafted to tie the property owner to this request so are we going to propose a resolution or a caveat for him to you need if we're going to split this you need to put a business there are we just going to split it and he's allowed to do whatever he wants with it or I if it's a conforming lot our our job tonight is not to decide what business is going to be there we just decide whether it's conforming to our standards okay and once the driveway is moved it is okay but all businesses are going to be required to be approved by the city anyway you know so when a business does go in there it's not like I'm putting the strip club in there and just saying huh I'm putting in whatever I want you know I have to come back and get approval from you guys anyway or somebody at the city at least does it conform with what you want you guys right thinking make that motion uh if if there's nothing else I'd like to move to uh uh approve it approve this uh Amendment subject to the condition of the that's right I don't care about that that's a mood Point correct Count's already requiring it so the this Mr chair members of the commission the C regardless of what recommendation or requirements that the county has the city control subdivision and so the city would need to put that condition on there uh with regard to access that conforms city code and the requirements of the county so you want me to make a motion to approve this upon uh the resolution that he does uh subject to the movement of the driveway uh I move that we uh accept this motion upon the condition of the approval of the movement of the driveway is that okay with you yes see those attorneys make everything hard don't they huh well second move by uh Fox second by Johnson to approve the lot split subject to the condition of the driveway movement there any discussion all in favor I I oppos motion Carri Steve don't forget to come over to my shop and look around okay I need that bumper all right I got one that wasn't a bribe or anything but okay I think that's all we had for tonight okay so the next up on the agenda is text Amendment for bethl Rock Church uh did you want to speak to that sure um Mr chair and members of the commission um my name is Scott lansman I'm with the Canon Fall City attorney's office oh sorry is that better okay you should have a really loud voice um what I'm going to talk about is going to be General and impacting um both items um before you today are two zoning text Amendment applications to add uh certain conditional uses to particular zoning districts it should be important to know that the decision to to add a conditional use to a Zone um is for the entire Zone and not just for a specific spot or piece of property the applications are whether the uses should be added as conditional uses to the particular zoning District it is not a consideration of any particular project if the zoning text amendment is enacted the application for a conditional use permit will come at a later date so you need it needs to be allowed in the zone first before an application can be made for an actual project under city code there are certain criteria you must consider reviewing the applications is the proposed conditional use consistent with the comprehensive plan is the proposed conditional use compatible with present and future land uses of the area if the conditional use is both consistent and compatible then a determination must be made as to the conditions that would be placed on any approved conditional use and again these are general not looking at a specific project city code section 15203 which is founding an agenda packet it's in the uh I believe it's in the uh staff reports performance standards for all conditional use permits so these are conditions that would apply to any conditional use permit and then the city code may also provide specific conditions for any particular conditional use in your packet um city code is city code section 152.5 23 is just an example of specific conditions for a church conditional use permit this is in the R2 zoning District all General conditions would apply to set all conditional use permits the commission needs to decide on any specific conditions and that's why we provide you those examples any approved zoning amendment to add conditional uses will include those specific conditions so um so in summary the zoning text amendment is for the entire Zone and not just a specific piece of property or spot or specific project the commission must consider if the proposed zoning text amendments to add conditional uses is consistent with the comprehensive plan and compatible with present and future land uses in the area or District if the answer is yes then there needs to be discussion on any specific conditions that must be reasonable and connected to the conditional use if a zoning text amendments are enacted by the city council The Next Step would be for applications to be made for a conditional use permit for the specific property or project which would be back back before the commission are there any questions okay Zach yeah so bethl Rock Church has applied for an ordinance text amendment to um amend the code in the B2 General Highway General business uh District to allow religious institutions via a conditional use permit um if the amend is approved tonight uh they would still need to apply for a conditional use to operate in the grand O2 um Event Center I called some of the uh surrounding communities Red Wings androo Wanamingo Manorville cassen Pine Island Northfield Kenyon farbo um to kind of see what where religious or institutions or churches were located in their cities um as you can see the churches are a cup in most their what would be their equivalent to our B2 Zone um some are are permitted as well um I would urge Planning Commission to follow the guidelines of approval laid out in city code 15257 when addressing the criteria for text Amendment decisions but um yeah if there's any questions happy to happy to answer okay with that I'm going to open up the public hearing anybody wishing to speak on the text Amendment for bethl Rock Church uh please step forward hello uh oh W it's that's a good one uh thanks again for giving me the opportunity to come speak again um my name is Brandon I'm the lead pastor of Bethal Rock Church Canan Falls uh and today I would like to address really the significant issue of the zoning regulations in Canon Falls and the potential for a church to operate within the B2 Zone I stand before as not only a pastor of the community but also somebody who lives here somebody who moved here this year that I have five children that I want to raise within this community and I'd love to be just not only a part of Canon Falls but for the church that we've planted here to also be a part of P of of Canon Falls um to Advocate to for the approval of bethl Rock Church in the beachstone zone or really any religious institution under conditional use to operate out of a B2 zoning and I believe that there are compelling reasons that would support this firstly churches contribute positively to the community's well-being they're not just places of worship but also centers for social services community support and local events by allowing a church to operate in the B2 Zone canid Falls would be uh embracing the opportunity for enh an Community engagement we also offer programs that support youth children counseling services and we would Al we also organize charitable events and activities and much much more all the benefit would benefit the community and Foster a sense of unity and support within everybody secondly churches and businesses are not mutually exclusive the B2 zone is designated for various commercial use and business activities Cur currently under the permitted uses it allows for a theater offices clinical counseling centers Hospitality Community daycare under conditional use um those are all currently allowed in the current zoning but it does not preclude uh the inclusion of religious institutions that serve really a public good churches as religious institutions often function with similar Community oriented goals as local businesses including creating economic activity through events and attracting visitors to the area I mean I even have people here today that have moved to Canon Falls or are going to be staying in Canon Falls just because uh they found Community within our church and where we've been operating um so allowing a church in the B2 Zone can stimulate positive activity and contribute to the local economy rather than detach from it we as a religious institution are just requesting that we would have equal footing uh with other public ass assemblies that we would be treated the same as any other public assembly within B2 moreover the presence of a church can enhance property values and neighborhood appeal Studies have shown actually that areas with well-maintained active churches often increase property value Val and increase increase negative uh neighbor I mean neighborhood conditions this can lead to more uh vibrant attractive businesses to to residen and really the businesses in the area the church would also uh be stable long-term tenant within B2 once we once we plant roots this is where we plan on staying that's why I wouldn't have moved my whole family here if I didn't intend on on being here for the Long Haul um Canon Falls would be D would really be demonstrating its commitments to this inclusivity um finally zoning flexibility promotes inclusivity the B2 Zone can Encompass a variety of uses that benefit the community zoning regulations are designed to be flexible and they are designed to accommodate needs by allowing the religious institution to operate in this Zone Canon Falls would be demonstrating a commitment to inclusivity and willingness to adapt zoning laws to better serve the evolving needs of of the residents as you see here today uh all of that to say allowing a church to operate in B2 zone is not only beneficial but also aligns with the values of the community support it it aligns with with what we could do uh for the economy and inclusivity I urge you to consider those points and the text amendment I also brought this evening various things that support uh us being passed so I actually spent the last few weeks uh since the last time I was here um talking to actually businesses that are currently zoned within the B2 um and I brought uh letters if you'd like to see them of business owners to include Kevin Manley right here he owns three businesses within our own Community from The Artisan Plaza to the muddy duck as as well as his his uh his car place as well as I I have uh I have letters from excuse me I got I got uh letters from make sure I got the right ones here from uh Banks Outdoors Marlene Banks filled one out from Banks outdoors I have one from Kevin I have one from Josh over at IED valve I have one from the owner of Indie specialty who used to own and operate that building I have one also from the Valley View Recovery Center um from Mata Maguire over there um and really even though I didn't always receive uh a letter from each person because if you're a business owner you know your time is worth a lot uh I I did also talk to 20th very with these five included that said that they would support us people that surround that current B2 that really if you if you look at that map I talk to people that are zoned within the same area that say that they would support us being there um and those are businesses that are currently operating within B2 they're in full support of us being or just religious institutions in being in B2 I've also brought with me today uh as as Zach has already previously mentioned uh different zoning regulations of different municipalities uh surrounding that that do allow for religious institutions with like-minded things I also brought with me today if you would like to take a look at this um I I brought two examples of cities that actually had uh went against and and I know I brought this up that first June meeting but the religious land use and institutionalized persons act and I just wanted to read how similar some of these are the United States versus Wan Illinois in 2008 Department of Justice brought legal action uh under rluipa equal terms Provisions against Illinois city with respect to exclusions of places of worship and Commercial districts that have that permitted clubs lodges meeting halls and theaters after the town notified the small churches so you we're not there yet but it would be the same the Department of Justice reached uh consent decree within the city requiring it to allow religious assemblies an equal footing as other public assemblies and again uh in 2015 United States versus St Anthony Village um US Department of Justice in initiated legal action against the city of St Anthony alleged the city's failure to permit an issue of an Islamic Center to open prayer in the basement of an office building located in a light industrial violated rluipa the department jused had claimed that the denial uh imposes substantial burden and that allowing assemblies meeting lodges and Convention halls but not religious assem uh assemblies also violated uh the rluipa so the federal court in Minneapolis entered a consent ordering the permitting the congregation to be able to utilize that so these are just examples I also have examples of other churches uh within a 25 M radius that have also gotten text amendments that have been approved uh from as recent as in 2021 July uh 2021 Eaglebrook Church received a zoning amendment to add a church to the list of uses in plan development in the 646 Zone one and it was approved I have the minutes in the meeting with me as well as the text amendment that was passed so the same type of a situation that we're going through today as well as uh actually just currently this year July 7th of this year um River Valley Church was approved in e in Egan Minnesota to be approved under which they call it's it's a conditional use but the further go into it I also have the minutes from that meeting to better explain and show you that it was very typical in line with the text amendment that they changed because under their current zoning they didn't allow for churches within that current zoning also as you're aware this is our third month back here we are doing first and foremost whatever we can to work with the city we're we're not trying to come against anything we just want to be able to as as a church operate in the building that we're currently under uh purchase agreement with and there really are no other options viable within the community for a new church to come into town with this building that we're currently under contract with uh it would give us that opportunity um uh and really it would be the perfect thing for us in town that being said I was aware that last month you stated you would be against spot zoning and and I get I get the spot zoning really we only went for a spot rezone or tried to rezone last month because that's what we were was suggested to us but you did state that you don't spot rezone and just looking at your own minutes in the past I mean really if you look at uh if you look at your zoning map uh right here uh you have right here R4 R4 that you guys rezoned that's right within B2 so you denied our reone but you've done it in the past and when you look at the minutes it's for different alternate reasons whatever that may be but you've done that in the past and then I've also have um I also have minutes from a meeting uh that uh minute from a meeting uh approving a text Amendment uh in regards to the Valley View Recovery Center as well and so you guys have already done that as well so I just want to say we're not trying to come in and say we want to do what we want that's not it but we we believe that with the like-minded businesses being able to operate out of that uh we would like for you to consider to allow for us for religious institutions to operate out of that same same B too so I just want to say thank you so much time for your time and your consideration and God bless thank you oh yeah and the same thing when it comes to the comprehensive plan of the city I don't believe that us being a church operating in that would really go against any of that uh especially since we're not even pushing out the person that is currently the only one within the facility which is the grand O2 Center uh we would actually they would continue to operate and then we would move in upstairs so I don't think it would go against any sort of the planning in fact I think it would bring more life back to that area and that's that's what I got repeatedly when I talk to everybody who's currently operating within the B2 every single person said that they would love it to be there because it would bring life back to that side of 52 that it would bring light that it would even be an opportunity for somebody to come back in and be back in the Dairy Queen Center or something like that with us being over there thank you thank you U question the next uh next one up we're going to we're going to try to limit people to three minutes or less thanks for giving me a moment um first of all I want to apologize for reducing the entertainment value compared to previous speakers let's get names and addresses sure so your name and address please full name Eric Johnson um address is 7667 337th Street Way Canon Falls um yeah so Pastor Brandon when he was up here um mentioned um families relocating uh to the community as a a result of bethl Rock Church my family and I um are actually among them um and the church I mean not that this is what we're here for but the church has been um impactful for us and I think really what I'm trying to say is it's a testament to the ancillary benefits that a church can have in a local economy um Beyond you know what may appear from just looking at um the site um our church um like most of the churches in the area are made up of lifelong Cannon Falls residents um visitors to the area who actually drive in for church um people who are relocating to the area I happen to know three or four other families in our church looking to do the same thing um which I think is helps corroborate um some of the studies that have actually been done on a Church's economic benefit for a community um a recent study found that um the average local church of our size brings in about $2 million um to a local community in additional um Revenue spent in local businesses in the area um a church can actually provide um another million dollars of economic benefit by way of some of those community services that um Pastor Brandon was describing whether that be um counseling services or recovery groups or you know you name it some of the different um service opportunities that we take up in the city like we already um do and look to continue um Pastor Brandon mentioned this a bit as well but uh studies actually show that a church in the local area um for the next like mile radius surrounding actually does lift prop property values by on average about 6.4% um as I understand it all of the major surrounding communities in our area um already have this similar zoning enacted making Canon Falls somewhat isolated in this Regard in terms of how we zone for religious institutions um I think uh something else that was brought up in the last commission meeting that I attended um was the concerns of what happens if our church decides to move on um obviously we would consider that a worst case scenario we hope to be um in the local community as a staple um for decades to come like some of the other churches in our community today um um should that happen though I truly believe that the community is still better off um for our presence there in part because of um the improvements we're looking to do to make the building uh usable again for our um our usage as a church um property improvements um not just the jobs that will be created in the local area but also um essentially en enhancing the property value of the actual um building itself um whether we were to vacate or not um and again um we do seek conditional use permit so we're you know another thing that was brought up in that original meeting was opening the floodgates um but um as we would have to stand before you again to um have our own conditional use permit um decided um so then with all the businesses to follow us or institutions so um appreciate the time this evening thank thank you hello my name is Caleb Anderson address is 12535 335th Street goodu Minnesota um I have lived in can Falls my entire life graduated in 2001 um growing up here I think i' I've got a pretty good sense of its benefits its weakness is um the positives and the negatives and um uh one of the things that I want to there's a lot to talk about here and I want to keep it specific to the text Amendment change specifically because I know we're going to talk about the church in the next meeting when we after you approve the text minute change in this meeting because we have been meeting since June and I think I think um I I think to me it just makes a lot of sense as a slam dunk no-brainer a lot of the communities in the surrounding areas already allow churches and business districts we want to comply with federal law seems to make sense to me we also this building just specifically here is an example of a building that uses change office spaces are sitting empty and this is a great opportunity to bring life to an area of town that used to have not such great light there and that is our purpose and that is our aim my growing up here I didn't have um I feel like we're going to we will provide something to the community that doesn't exist today um we will provide a a a way to truly encounter God and to truly understand what means to have a relationship with Jesus Christ and how that can impact the community and specifically our youth in Canon Falls and that is our aim to have a large facility that we can have a large youth program um I had some other points here I think Eric did a excellent job discussing some of the economic benefits I know in the past we've talked about taxes and the lost Revenue if the of the the building the current tax 2024 tax uh property tax assessment value was 23,500 and change we're looking at acquiring half of the building or the entire building but uh we would be basically tax exempt on half of that so we're really coming down to you know $122,000 here and when you look at the economic impact the the amount of Commerce um and the people in the community Through community service Outreach pre- and post uh Service events building projects within the church and and the community and local Mission work as well as the responsible housing growth that'll occur from natural people wanting to come to this community I think it's it's dwar that we're going to dwarf that number it just makes sense it makes sense for B2 it makes sense for that area Town um and I just want to thank everybody that came out here to support the text man change for B2 thank you anyone else want to speak to the text Amendment for beel rock thir last call anybody wishing to speak to the text Amendment for bethl Rock Church hearing none hearing is closed committee you want to start go ahead I have a few questions um so I understand that um you do have a facility that you're working out of here in Canon Falls obviously yes so currently we're operating out of the the first congregation church you hold the lease then with that NOP so we're we're just currently we're we're under an agreement where we share the facility with them and we pay them rent we're not actually under an official lease if that makes sense so there's no contract there is a there's an agreement written down yeah but it's not an official lease how how long would it take you to get out of that contract anytime oh yep okay then um the other thing I was wondering is the facility that you're looking at have you already made a financial commitment to that facility so we're currently under a purchase agreement and part of that purchase agreement for us to close on the facility would be the opportunity to actually be able to utilize the building so that's why we've we've signed for an extension of our purchase agreement uh so no we don't have a financial commitment and we don't have to close on it unless we get an approval you didn't have to put a down payment down or anything no but you had to sign a contract that's correct yes did you um research that location um as far as the city was concerned before you signed that contract did I research that it was B2 allowable or that it was B2 that it was B2 uh so so yes I I did see that it was B2 but when I initially had uh had requested a conditional use I was looking at the uh what was the order did you talk to the city after you signed or before so I applied for conditional use permit under the uh false understanding that it was good Hugh County and not within the city of Canon Falls and Zach actually replied to me and said that this is actually Canon Falls it's not County Land so then that's when we started and we came back in June who gave you that false information it nobody gave me the false information that was what was what was requested yeah okay did you re advised by a lawyer at this point no no I have never I have not okay okay so so you've got a contract so you're renting and you've got a contract mhm for purchasing mhm and you have not spoken to a lawyer about this no no no I have a realtor you have a realtor I do yes you a lawyer too no no she is not well the reason I brought that up is because in your presentation which I you know was fine appreciate it um you must have a to-do list to get this done yeah of course and this facility and if you fail to get through that to-do list M do I understand that your final Act would be then legal I'm sorry I didn't hear you would your final action then be legal yeah once we sign the contract of course no no no no your to-do list to get this facility and if you fail to get this facility or if we fail to you know if it fails are you ask because it's not going to be changed you're asking if if I would take legal action yes I I'm not here under those pretenses but you brought it up I mean no no I just I had shown you examples of things have happened that's not what I'm coming here today with yeah you showed us some examples that things are happening in different cities around the local area as well so that's correct I have to look at the whole picture I can I can tell you with with the utmost honesty I have not spoken to a lawyer about this at all this is just due to research myself okay but you bring up legal action so that gets my attention I'm I'm not bringing up legal action against the city at all and that's not what that's not that's not what we're here talking about oh we're not if you don't get what you want from the city that's not that's not my intention whatsoever just I'm just wondering I'm just showing you all of the all of the things that I've gotten when it comes to my research when it comes to allowing for a religious institution to operate or not your research yeah yep that's it I promise that all the everything I've shown is just things that I have found but our let's let's talk about the city itself we've got you know all our zoning is put together legally that's correct yes so that's am I off base here I don't think I am either way well I'm I'm not I I I'm just saying that we want to know yep what your plan of action will be in the long my only my only plan today was to come to request a text amendment in hopes that it would be approved okay this is my third time back I'm just trying to work with the city the best that I can um we I appreciate what you're doing and you know certainly um we want as many good viable religious uh facilities in our church or in our city as possible but we also have an area that raises tax in raises taxes for the community to keep all of everything that we've got going and our zoning is designed to protect those taxes and that's just a logical thing so you're saying City to do fact that we don't pay for the city to provide services that you know good utilities good infrastructure we need a tax we need taxes we have set aside specific areas in the city that we feel rais taxes the best MH you want to have us look at making an exception to those areas not necessarily making exception but approving a text amendment that would align with federal law that would what align with federal law there we go again okay so I hear what you're saying and I and I certainly appreciate your what you're doing thank you and it's not an easy thing to do I mean nothing is but the city has to protect itself as well yep and it also has to provide a good protection for the society within the community mhm and I just um I don't know I just think that there's facilities that uh or locations available within the city I mean have you made an offer to buy a Congo no no we haven't why not because they're still operating there we're we're going to kick another church out no are they operating yes they're still operating I wasn't totally aware of that Yep they're still operating um so purchasing their facility would then cause another church not allowed to be in this we've got a couple of facilities that you know I'm just wondering about and maybe I'm not right on that but yeah and I I promise you that I've done my due diligence and looking into every facility so I think that um what I'm saying is I it feels like you put the cart before the horse that's what it just feels back in June and not considering the legal aspects of of of this City and yet you bring up legal well I'm just saying that I I was just giving you examples of other cities that have done the same thing well thanks for answering my questions and listen I appreciate that yeah absolutely thank you next and I I appreciate your comments however we irreg regardless of how how all of this came up the real question before us is whether or not religious organizations can exist in a B2 Zone and you look at the communities Redwing Pine Island Northfield Canyon Faro who allow it um and I guess my question would be to all of us as a city is yes we and I'm the one that brought up the property tax base you did yes um but at the same time I'm really as long as we understand that um I really don't feel that there's a reason not to allow religious organizations in B2 [Applause] zoning yeah I mean obviously the same conditional use things that we have for churches in residential areas would apply and maybe there have to be a few others I don't know but um and now if all these other communities didn't allow it then I would have to think twice but um we lose a little bit of of property tax money we lose that in residential area I you know in all of our uh things and so I'm just not sure I like I said I would speak in favor of allowing this and and B2 uh have a question then these cities that have a little bit can't hear you speak up a little bit sure thank you thank you the cities that have been noted that allow it do they actually have churches within those B2 areas I mean the fact that they allow it doesn't mean that it's actually happened that's the conditional use perit yeah that's what I'm saying have have those cities that have been noted again it it it's it's not a question of how many churches they have in a B2 zone or religious organizations so if they have none it's okay too right the question for us is do we allow religious organizations in the B2 Zone it has nothing to do with the complicated process as taken to get here and at this point our code doesn't no and and the amendment text Amendment would allow it so we can be on different sides sure that's fine yeah we I'm fine no problem there not going to hurt my ego that's for sure me okay thanks I would say I agree with everything Diane said I mean if other communities are doing this I don't see why we can't thank you for your persistence I think I think this is the best option that was on the table of the last two times you came here this is the third time I agree I agree um I don't see the downside I mean yes we're losing a little bit of tax base but if you're bringing people to Canon Falls and there's an empty building there yes I understand gr02 is there but it's creating business it's people are there it's good for the town in my opinion so thank youie um I have a question for the attorney um you brought up that the statement earlier about um making a a a text change and for the for that to it includes um the the stuff that they are required to do in the original would be residential area is that did I understand that correctly uh again remember there's two parts to this is one are you allow it or not allow it right looking at uh you know consistency and compatibility in the zoning district and then once you've made that decision of um that it would be allowed then it's a matter of there's General conditions that that apply to all conditional use permits which are found in the code and or in your packet and then it's whether or not you're going to have specific conditions and so so those specific conditions as there's an example in the r in the R I think the R2 Zone those specific conditions would be but this way it would be you would be you'd have the B2 Zone text Amendment it would say conditional uses it would say uh probably say churches or religious religious institutions and then under it it would list those specific conditions so when you read so basically when you when you when it comes back before you you um and there's a consideration of whether or not to you know on the application for that conditional use permit for the specific project you would look both at those General conditions and those specific conditions and those who would be added to the conditional use permit um I don't have those in front of me right now but so let's say for example let's say that this this passes and we we approve this uh text change uh you're saying um when we do the second part with a conditional use permit then we that's when we'll address whether or not the the requirements get met as far as the religious organization in a in a B2 I mean are we pulling stuff from our what what what you need to do right what the job is right now is to either allow or not allow yeah if you allow if you say you're going to allow it make that zoning text Amendment then determine what those specific conditions will be oh okay that's all you need to do right now okay then when the application does come when an applic assuming an application comes before you for conditional use of a religious institution in that zone the first part is to make sure whether or not it's allowed or not allowed because they have to meet under the under the condition use permit code there are certain items they have to meet which includes adequate infrastructure you know um and it's it's in there and then once those are in there then you look at the conditions that are going to be placed on the approval so but again that comes later right now your job is to say yes or no and then DET make a determination what those specific conditions would be and that would be the zoning text Amendment so the way I understood this was that this may be in our in our codes it's not consistent or compa is it might not be consistent with what with what we do in a B2 right now is that correct the way it's written well the the idea is whether or not it's consistent in the comprehensive plan and so and I and it's not consistent in our comprehensive plan at this point that we can that we could see well that that's a that's a determination for the commission that's what we have to figure out and and then we have to figure out if it's compatible with that location I believe you brought both of those subjects up to start with here correct but I I I do want to note that um with regard to uh zoning the city has complete control over the zoning of of the property and um although you're going to be looking at consistent consisten consistency and compatibility um it's really a decision for the city to make and I think it's important that we know that our job job here is to just advise the council correct and not we don't that's what we do correct any motion today would be a recommendation to the city council yeah and that's what our job really is we don't affect we don't do the final votes we just advise what the way we think it might go or the way you think or I think whatever but but um I'm still always looking out for the city um despite what other cities do that's just what I do here that's that's all I had okay so um my question is yes sir Brandon is uh I'm going to be the the stick in the mud here sounds great U my question is um you know if we allow a text amendment to allow religious organizations what happens if Joe blow with the 50 head of steers comes in and says uh I consider this my religion and want to start no I'm just I know I'm I'm way out out of line but what what constitutes a religious organization that would be next that would come in next because we allow a text amendment I would say that number one the the conditional use permit whatever conditions you would put on it they would have to come and prove that to you where I could I could present you with today that we're general counsel Affiliated as a religious organization what if United States what if they did all their homework and came in then you deal with that then why are we talking about how how would we not allow that though once once we once we do a text Amendment and because I'd rather have the col business and in the residential I'm I'm just saying we got to look out to what's next you guys got what what you thought was necessary what's next you know we're still looking out for the future of of the whole city I believe in general a religious institution would have to prove that they're a religious institution you can't just state for instance in in the in the military in order to in order to get uh a religious exception for uh to grow let's say a beard which it's my under my understanding that Bruce that you have served and possibly still do that in order to have a beard you have to have a religious uh exemption in order to do that so that that is that is brought it has to be an actual religion it can't just be well you know I believe that uh in in fairies and with fairies I can have long hair and so I identify as a fairy and and you so I should be able to have long hair no you still have to get the approval and you would have to prove that it's an actual religion not not just and I mean that's a that's a that's the dod so uh I mean I would imagine that there would be easy ways to combat if somebody comes in and says I believe that cows are the next whatever for you to say well can you prove to us this is an official uh documented religion or are you just starting this today I think there's there would be ways to determine and change and go against that I use that for an example but yeah I get it you know I have a lawyer question I think not if we were to recommend to the council to approve this text Amendment um looking at the um conditional use limitations for residential most of them don't seem to be pertinent to a B2 Zone um and I don't think we have time tonight unless everybody wants to Tar and feather us uh to go through and figure out what the conditional uses should be is there uh some other guide we could use I'm sorry I what was that what was the question you had at the end I just missed the last initial use permit um stipulations yeah we you said those should be approved with the text Amendment correct but we don't have any of those before us that I mean the ones for residential don't seem pertinent in some ways no I didn't see any examples of proposed conditions that were in there from from staff the only thing I saw in the packet was um existing uh conditions as an example um the the zoning text Amendment will need to have those condition specific conditions in there um so that they can attach to whatever application comes in how will we get those um yeah I mean if you if you don't if you don't have those at this point and you need more similar if you need more information to make a decision um you can always table an item um to bring back with um conditions you know to propose conditions so the conditions aren't when they apply for the cup you got to have conditions you you approve this yeah because you're look you're looking to do a zoning text Amendment that's going to say we approve X in this we approve religious um institutions in this Zone and if you don't have those conditions in there when they make their application they the conditions aren't going to apply you have this you have General conditions okay those General specific conditions that are that are already under under the conditional use permit um area in the code but I would suggest that if you're looking to have specific if there are if there's any conditions that you're looking to have Beyond just the general conditions that they would attach as part of the the entire approval that way when application is made for aici use permit for a religious institution in that zone um the applicant knows what is required for example under R1 you have in order for religious institutions such churches chapels temples synagog provided that what he's stating and what he's saying when you look under your city code the first one is sh sidey yards shall be double that required for the district but no wrong no no greater than 30 ft adequate screening for abundant residential uses in landscaping is provided that it's compliance with and then city codes adequate off street parking loading accessible and now there's there's opportunities through all the r1s that you currently have churches that are already out and laid out currently under each one of your r i mean whether it's RB R1 R2 R3 it's all in there um but I'm not going to put in there what conditional uses you would have in there that's why I left that blank um but you guys do have those conditional uses as as the the City attorney is stating uh under all of the r1s if you look at the city code right yeah and and and I'm just asking Zach to do this correctly yeah um I'm assuming in B2 Zone we do have a conditional use permit stipulations for some of those other uses that were like the theater whatever that's correct those are permitted uses the theater would be a permitted use right but things that are listed as conditional use there are conditions accompanying would any of those be able to be just carried over to this or added to it or are they not I mean I'm sure you could you could take some that kind of fit with the the B2 as well as a church that kind of set satisfies but does anything from The Recovery Center play A Part here did we offer a conditional use permit for them and have it here what did we put in that cuz that was an existing building where someone came in they changed the business model completely Recovery Center you know I think that was before my time here so I don't know if I can so I do have the minutes from that if you want Mr chair if if I may uh one of the things that the commission could do is to make a recommendation um for if they're looking for approval to you know to approve the text Amendment and to include those conditions that are in the other zones um and in the meantime I will say that in the meantime between now and the council meeting um Zach can do some research and put put together some recommendations if there's going to be changes for for the council um or if they if it is adopted with those conditions it can always come back at a later date to be refined if the council is looking forward to if the commission is looking to move forward on this we ready for a motion or we going to keep talking if if you do need to see I do have from that rehab center so you can see what conditional uses they put on that case you want to see that I want to do what he said yeah so so I Mr chair I'll just it would be if if the motion is made for approval it would be motion to approve the zoning text amendment to allow a conditional use in the B2 Zone with the with conditions that are similar or the or similar conditions as in the uh which zone R R2 yeah I will make that motion second yeah who was that motion by Johnson second by uh Fox to approve the text Amendment subject to the R2 conditions does that sound right correct and any additional ones from the B2 condition yeah yeah and and I would say I I think but Zach will refine it when he comes back to the council um any further discussion all in favor I I oppose cares Thank You On To The Next Step [Applause] uh bethl Rock Church are are you guys staying for the remainder of the meeting if you're not I just assume you leave now to so you don't disrupt the next part you're welcome you're welcome to stay St support support [Applause] us uh the next item is a public hearing on the text amendment to allow okay let me get it right motorized cart racing at the Canon Valley Fair Zach yeah thank you so the Canon Valley Fair has applied for an ordinance text amendment to amend the code in the UR Urban Reserve um Zone in our city to allow cart racing via a conditional use permit um I will direct Planning Commission to look at exhibit three which shows Canon Falls official zoning map um your decision tonight will affect all the green Ur areas um if approved it would the Canon Valley Fair would still need to apply and get approval for a conditional use permit um this permit would allow Planning Commission and Council to put conditions on the use um some of which could address things such as noise hours of operation traffic Etc um but what is being addressed tonight is the amendment and how that will affect the current and future land use in the urban Reserve okay with that I'm going to open up the public hearing anybody wishing to speak to it please step forward and name and address please please try to limit to three minutes all okay that's hard to do I know I speak slow I'm furland Miller I live at 106 Minnesota Street West but I'm here to represent the Canon belly Fair um before you start timing me uh I I want to thank everybody even the opposition that's here because I know there's a lot of opposition um I would ask that those that are in favor of this please refrain from saying anything or to the opposition let them speak they have a right so to start with what we need is the conditional use what we didn't know is there was a little chunk of land that was the urban Reserve area in the fairground not really sure how when or why it got put there according to the urban reserve it has to be 10 acres or more and that's only an 8.9 acre piece so I'm not sure when it came into play so with that how this racetrack came about was Jeff ran a track back in Wisconsin it's about 2 hours away Jeff is from the Welch area he approached fair about doing a go-kart track there and we listened to him and after he left we had discussions on it I went down to the cart track where he was currently had a racetrack and brought two other people with me we were down there had a good time a lot of kids a lot of families uh when he had the the same style carts racing on it we were within 150 ft of the track and we could carry conversation I don't know if it has to do with location or what is going on why there seems to be a real noise problem so after all the stuff that has taken place we as a fair and Jeff with the track have made some changes to to help out number one being done by 10:00 number two we made the the loudest carts the the micr Sprints to put down pipes and mufflers on that's a almost a $200 expense for each of the people but they were all willing to do it I think this is only the second track that is uh enforcing something like that most tracks run without it now there's other tracks that race within City Limits all over the place from full-size cars to cart tracks everywhere um so and then we get into some facts of the of the cart race in here the 125 250 class has one heat race and that's all it's ever really raced with it the heat race lasted about 2 minutes and 36 seconds over the whole night now we're talking about a 4-Hour period this is and this is average the feature for them was about 2 minutes and 39 seconds the micros Sprints would run anywhere from two to three Heats but generally it's a two heat them Heats would run about 2 minutes and 53 seconds a piece on average the features would run on average about 15 minutes and 8 seconds slingshots one heat Race 2 minutes and 45 seconds feature about 4 minutes and 21 seconds this these three classes are the only classes that would create any noise that would anybody should if they can hear it is what they're hearing now I feel like you got the the the situation where if you're against it you hate it the noise is really irritating then you got the other side that if you're for it the noise doesn't bother you what is the facts what's the in between because we're all going to lean one way or another we got a decimal meter reading I sat on the hill on the fairgrounds the loudest we got was a 89 now we're on the fairgrounds not to the property line up on the hill um the closest house is right around 700 ft from the track uh most places that do have a noise ordinance and if you get reading into noise ordinances it it really breaks down to a period of time a percentage of what you're allowed very expensive I don't know who can sit here with the equipment because they say there's also a lot of stuff that comes into play with that you got a highway that interferes if the wind's blowing that interferes with monitoring can be done I don't know who does it but I talked to people at the county someone that deals with this and they said they got to go out and monitor but the the way the law is it's really a tough tough deal to monitor for to get true readings of what you need especially in an outdoor venues so I mean this does have and it's kidfriendly I mean this is mostly kids yes there's adults that race the bigger carts but there's kids that race them too they the impact to this community is huge Jeff had a three-day event down there we know for a fact from reaching out to businesses that people were here eating at the restaurants they were golfing they used the cannon pool they went golfing I mean it's everywhere what they used in this town gas stations every time they come to town to race they're stopping at gas stations whether it's to fuel their vehicles to uh get snacks or whatever the event itself very cheap you want to go there and watch event how many events around can you go to that you only pay five bucks a person 30 bucks you can take a family of four and eat and have some pop and enjoy some racing these kids are passionate about what they do down there Jeff is willing to work with anybody that wants to have their kid out there racing find them a cart help them teach them and for us to survive as a fair I don't know how many more business businesses around can be open 4 days a year and survive in today's world it's very expensive things have changed uh I don't know where things have changed but we now pay way more than we ever used to for utilities and stuff which is fine we we should pay our fair share need to do stuff to bring money into that fair like every other fairg grounds do does we've been around for 109 years it's run by volunteers these volunteers bust their butt prior to us and they'll be volunteers after us to keep this Fair open another 109 years it's the biggest Community event we have in town and this track will help a lot buildings are old they need to be fixed we can't just let them fall down and we can't ask every business in town to always hand US money these businesses don't have the money bringing new money to town money new money spent in town that helps your town old money doesn't grow towns that's a fact these guys are spending money in this town I would say obviously there's going to be people from out of town that are here right now there's a lot of people from town I don't know how many want to speak but I want a show of hands right now who's here to support this thing and this helps with showing you who's all here to support this this is not just a small group of people I get the opposition we're trying to make concessions we're trying to change things to make it better and we have we change things so here to answer questions on that or I can step aside let uh other people speak if you guys got any questions well uh we'll address that after After People okay all right thank you I just want to say thanks to furland for um I get your name and yes Julie Anderson 3036 Street Canon Falls I'd like to thank go back to thanking ferin for acknowledging there's opposition and there's people for it and to um not Heckle one said or the other but I'd also like to see a show of hands the people that are for the track that live within the city limits of Canon Falls within the city limits of Canon Falls y okay so I live about a half mile from the racetrack my husband and I and our biggest concern is not the fact that on a Saturday evening we have to go inside our house close our windows and with the air conditioning running and watching a movie we can still hear the track the carts over all of that it's not about right now it's about the long-term planning of what our city will look like in 10 years 20 years 30 years I think as the lawyer said you have to think about um what was the exact wording the compatibl and the consistent and going back to the long-term planning of the city on the west side of Canon Falls where we live by the fairgrounds I know that there was an abundance of calls to the police department about the noise issue it could be heard all over town um not just within close proximity And in regards to the long-term issue we have with the racetrack regarding the noise is that it will reduce it will lower the property values on the west side of town which will lower the property tax base on that side of town which will have a negative impact on Canon Falls um when furin started talking he acknowledged the noise issue it is something that's real um when we spoke to the police they said they again had an abundance of C of people calling as far out uh towards the sanatorium up in Cedar Hills all throughout Town not just on the West Side uh furland expressed that the fair struggles um to exist because of only having four days I would suggest has there um been any uh active pursuing other options such as more horse racing flea markets Etc that would not have a noise issue um that's I would just ask that you not uh approve a text amendment I think it has to do with thinking about if this racetrack goes forward what else will come into town and um I also want to speak to the point that it's a business that's running without as far as I know any permits they've gone ahead and done quite a bit of things that no other business or person in Canon Falls would be allowed to do look at how much conversation we had over a driveway you know so please take that into consideration I feel like if you give give this an inch it will go a mile it also ferin also talked about it being cart races I know in the middle of summer there was something on the site about motorcycles and then it was quickly shut down but I think it's carts now what will it be next summer two summers from now three Summers from now you're going to be seeing a lot more requests for uh expanding the conditional use permit thank you thank you hello my name is Jan fener and I live at 1128 West Minnesota Street my property does adjoin the fairgrounds um I'm going to read a letter from Kurt bisil also a Westside residents who's un able to be here tonight and ask that this letter be submitted Kurt says um in May 2023 concerns regarding noise environmental and other issues resulting from the tracks construction and operation were raised during an open meeting um during an open Forum in the regular city council meeting in advance of the meeting a petition was circulated to affected neighbors neighbors on the west side over 100 people who had a chance signed it during the meeting all assurances were given by the fairboard and the racetrack developer to the council to the citizens attendance and to subsequent local newspapers that noise from go-karts would be minimal we were misled by the fairboard and the Canon River Raceway the amendment should not be approved consider the following one in addition to kid karts many Heats from Sprint carts with 600c 140 horsepower engines are allowed to race two the Canon Valley Fair is not a county fair and is subject to the zoning regulations of the city of Canon Falls Goodhue County Minnesota statutes 11 6.07 1.4 States local governing agencies are relied upon to enforce noise standards related to local land use three Canon River Raceway LLC Minnesota registration 14271 1641 0024 is a separate entity from the fair and should be subject to all state county and city ordinance and regulations four additional statute 116.0 states that the tracks built after 1996 must comply with State ordinance noises the statute has ensured that no track since 1996 has received permission to build in or near a community of citizens five further a discretionary environmental review should have been undertaken before any grounds were broken for a track for a track to determine the adverse environmental impacts considering the above information the track owner should never have Broken Ground Canon River wasteway should no longer be allowed to operate its in its current location as residents we have rights to enjoy our property we have the right to sit back in our backyards and enjoy our evenings we have responsibly pay our taxes with the expectation that the city does what is in the best interest of the community respectfully submitted Kurt bisil 1231 Minnesota Street West Canon Falls I would just add um I I'm not sure the Hoops that this Raceway went through to get here um I'm I'm looking at a church that has has been here numerous times this racetrack we didn't know anything about my property adjoins I learned about it from someone outside of the city so first of all that is disappointing second of all um I just want to mention that I have a business in my home I am a child care provider and I have a preschool in my home I care for children typically Monday through Thursday but I do after um hours and weekend care I've done it numerous times um on weekends and I have done it while this fair was racing and I had to leave my home with my children it was just too loud for them um and so I would ask that you not approve this text Amendment thank you thank you hi my name is Jackie br and I live at 105 Haven Heights court I am also right above the fairgrounds um I'd like to ask everyone here how many of you know what tenus is tenus tenius you mean is pronounced either way the correct way is tenus how many of you know tenus is a constant tenus is a constant ringing in your ear it's a disabling condition ESP especially noted by veterans the individuals who live above the fairgrounds are living with tenius or for those of you that want to call it tenius tenius um having worked with the disabled for 35 years I saw a lot of individuals who had to deal with this condition it is a disabling condition for a number of people when we sit out in our Lawns on the weekends we have to listen to this my husband is a veteran and he Compares it to tenus one of the things that I think that we need to consider about this isn't just the noise the road down by the fairgrounds is not designed for the amount of traffic that is going through right now it is a narrow road there are no sidewalks there's little room for walking and that area is used by a number of residents for walking and for biking we also have a park down there and a swimming pool so this means we have children that are out and about in this area I've watched so many times with people speeding through that area that is marked for 30 m an hour and they're not 30 I can start by taking the turn by the feed store and by the time I'm past the swimming pool going 30 miles an hour I've gone from no one near me to someone tailgating so we're not even seeing that the individuals that are using that road are sticking within the law so then you throw on to that a number of individuals who are walking or there are children that maybe Escape mom or dad when they're down by the pool we have a highrisk situation the other thing that needs to be brought up is with the amount of traffic that we're seeing we could also have additional costs for police to keep that area under control and the roads are not designed for the amount of traffic that they're going to be seeing so this is going to be a cost to the Canon Falls taxpayer we already have a very high tax base and now we're going to be supporting an outside business that for those of us that live in the area is very unpopular and furland is my nextd door neighbor so I know he understands um but it's very hard to justify that we're going to have to support an outside business for something that we're not comfortable having in our backyard so I would like the I would recommend that uh this go no further than it is we don't know what's going to happen long term and it is the responsibility of the council and this committee to take care of the members of the city of Canon Falls not outside interests thank you well my my name is Gerald shanik and and my address is 101 Tamara Lane so I'm adjacent to the fairgrounds but uh I hear furland telling us that this race lasts 2 minutes and this race lasts 15 minutes and the next thing I hear is they have a 3-day event so you want me to sit inside my house for three days with the windows shut and can't go outside for all the noise so you you you have to take that into consideration and uh I counted all the houses that are adjacent to the they would be uh Minnesota street is the first through Street South of the fairgrounds and there's a total of 84 homes if you consider the duplexes to the west and everything on north and south of Minnesota street so you got 84 homes there it can't do a thing when the race track is going cuz you can't hear a thing whether you're outside then you have to go inside and you can't open the windows because it's still too noisy so I hope this Council takes this into consideration that we pay taxes up there and I don't know where all these Gokarts are coming from and I know there's a lot from town but consider our situation also thank you thanks J the other thing I would mention is I called up the county to see if they issued any permits and they and they haven't got back to me on this yet but I was in the building trade all my life and I get shut down if I don't get a permit they shut me down right away and they built an expensive track down there with just put it up and it and it's like how come they're not shut down yet so I would strongly suggest that everything gets shut down until we figure this out it's not doing anything for my uh taxes either and I'd like to let them know what's going to happen because I'll sell my house if I give me a chance to sell my house if I if I got to put up with that noise thanks J thank you the kids go next on okay um so we're race car drivers from can so um we're race car drivers um from we our home track is Canon River um um I mean it's a family sport we're bringing grandparents um parents um having fun um and then um I mean it's fun to be there um but it's a family sport I mean if you take it away from me you're taking it away from all of these guys and all of my family but yeah please good evening Canon Falls Community my name is Jacob demo and I am 18 years old and will be going eight 8 years old and will be going into third grade I am here tonight on behalf where are you from Aon Minnesota uh of behalf of myself and my racing family to help support can never race weight on a typical night 60 to 70 drivers made up of mostly kids and teenagers along with their parents and families come to K River can Falls men to raise their gokart slingshot and micr Sprints walking through the pits you will find strollers with young siblings parents and grandparents wishing their kids good luck and the famous fist bump from friends and fellow competitors meaning good luck Ken River Raceway has given us a safe and friendly atmosphere to compete in showcase our talent in race track has allowed us to meet so many people outside of our school and local lives and enabled us build lifelong friendships on behalf to Jeff and Jennifer Schubert Ken River Raceway and our our racing family we ask for your long-term support and com commitment in your community sincerely Jacob demo and my racing [Applause] family hi my name is Gary Johnson 909 Park Street West um I'm not going to talk too much because I kind of swear too much but I want to show you a video if I can find it quick that's one that's the kids not modified there's modifies that's what we hear up there [Applause] [Music] and this is off the computer on my phone so the sound isn't as bad on here but it's all I got to say so thank you thanks g hi I'm jod Montgomery and I live at 109 Haven Heights court right above the fairgrounds my backyard buts right down to the fairgrounds um first of all what he says doesn't even do Justice For What the noise actually sounds like last weekend or the weekend the last time they ran it I had my grandson staying with us and put him to bed and he comes downstairs and goes Grandma I can't sleep because it's so loud and that's with Windows shut and everything the other thing I have a question is right now you're getting complaints from people of Canon falls for the noise and it's only happened a couple weekends for the so far this year I would like to know what the goal is of how many weekends they're planning on running it and how frequently because I looked up his other Racetrack and it covered a period from April to octob One race in October and it covered like 12 to 15 weekends and if that's what our summers are going to be like I think that's something you really need to take into account is for us to have to live with that noise that long and that's all I got to say thank you hi my name is Kevin cman I live at 1200 West Minnesota Street uh I live right directly above the fairgrounds um years ago there used to be a Grove of trees here that used to buffer a lot of the noise well they took that out to put that retaining pond in on to the whole West Side so now it used to be not so bad but you know and we I've lived there for 40 years we knew the fair was there we had no problem we thought four days is all we had to put up with and Steve come on have a beer with me sometime when they're running this son of a please do because I'd love to have you hear it I'd like to have the PCA up there when they start up those uh tractor pull engines my wife has plates on the wall well we go take them down when the fair comes because they are just rattling and I've seen the police up there registering with decibel meters the volume of noise and they've been doing it but what I'd like to say is you know you allow this to happen how many more events are there going to be what other the other events now I got a lot of great ideas if you people want them when the winter comes and they pile that snow and they put in the the swimming pool parking lot hell let's put that out on the fairgrounds and put Mogul out there and you going run goddamn snowmobiles out there okay now in the springtime we put mud dirt in there and mud so we make it muddy now we get the ATVs in there you know how many weekends do we got to put up with this you know we were fine with the fair now we get this in how many weeks is it going to run this has kind of been slipped in under the carpet nobody knew about it you're the city council stand up and do your job boys because you aren't okay listen to the people clapping listen to us one question what kind of beer what do you want I got one that'll knock your ass you right on your ass it's a home brew we have yeah and we have kids here we don't need him from oana telling us what goes on and Canon for us sounds like he might have had a beer already um my name's Shad Singleton um I traveled from two hours away I'm from Mora Minnesota um been in been involved with the subbert family for for as many years as my daughter's been racing um I just have a few a few small facts here on July 27th um we had a we had a there was this three-day show everybody talked about two days of it was was the days that we would have had the louder cars there um I personally had 30 to 35 people that traveled in from Minnesota Texas Iowa Wisconsin Illinois Nebraska all of them stayed at the Grand stay for a total of 11 rooms we all went to Brewsters for lunch on that Saturday uh I don't think they were disappointed to see us come in for lunch I don't know what that econ I don't know what that economic impact equals but uh I heard one of the councilmen say you know we we might lose some tax revenue on the church and I appreciate you guys' passion we're passionate about our racing um but you said might lose some tax revenue but it brings people to Canon falls on August 10th 77 cars registered if the average car had three people that come with them the driver being one of them probably a parent a you know two parents that's 231 people that come into Canon Falls that's and that's that's going to be a small that's a small show we're here for one day but I can promise a lot of money comes to town I personally my mom managed a Casey store for 35 years Casey's is allowed to say how many employees they have based on gas sales so the more gas sales you have the more employees you can have to support your store I make sure every time I go to any town to race I support the local cases because I know they can have one more person there hopefully to to help get people in and out of the door I buy all our ice all of our water I buy it in the towns that we race in um I I think people talking about this 14 weekends I know I know we have seven points races this year none of them are on backtack weekends um we've had some weather we've had some weather issues but uh I'm not going to say how many races there is but there's probably a dozen races total and uh I grew up in a town that had a racetrack right in the town um people talking about people not being able to sleep my daughter had to wake my 2-year-old granddaughter up at the racetrack the other night to put her in a car seat to take her home so I don't know if the noise is that bad but uh I think what they're doing for the community is great it's great for the youth youth that are invol involved in racing uh don't get involved in other things because they're too busy out in the garage helping dad uh there's a couple boys in here that are teenagers now and you know the teenagers are the ones that get in trouble and and these boys are out working on their race cars all the time so appreciate your time thank you [Applause] my name is Roger gamson I live at 1300 Minnesota Street West which for everybody who's from out of town I'm damn well against this sucker I can identify I'm a Vietnam veteran I've got the tennis ISM we live at the uh top of the hill on the west side of the fairgrounds and not only do we have to deal with the traffic going down but loud pickups coming up and doing their wheelies so here we are again A year later we were first here to put in the go-kart track furland said that's the only thing we're going to put in well here we are again anybody who's from out of town and who's upset at the fairgrounds um you know they are not in compliance your mayor acknowledged that she read a letter from Kurt bisel who has done his research I suggest has a fairboard who has not done their Dil diligence along with the city council why wait until the meeting when did this are we rais are we racing go-karts here or are we racing dirt bikes there's not been any clarification when was this proposed by the fairboard to the council no clarification on it we're looking at selling if we can and if we have to cuz we've got to close our balcony door for the noise there's a property right on the west end of the fairgrounds that's been for sale for 3 months why isn't that selling I respect the fairgrounds need some source of income but I would suggest you look at Alternatives such as selling your land to a developer who will bring in infrastructure and new taxes so we all don't have to pay for this if and when it all goes to court and believe me it will because neither the city nor the Fairgrounds have done their due diligence why didn't anybody know about this statute that passed in 1996 which precludes this Fairground from doing their thing so you all need to get down and start doing some business and in taking care of your citizens if that's who you respect and who votes you in and and out and get some better businesses in here you can tell I'm just totally PE thank [Applause] you I'm going to make this real quick David Alstead 1701 fth Street North Canon Falls here in town I live Northeast of the track I elevated height I can hear everything from the fairgrounds I look forward to the 4th of July when we have fireworks because from so therefore I can also hear the wonderful noise from the track thank you it reminds me of my childhood and I miss it um the the nons supporters do you have kids do you have grandkids I mean come on bring into oh I did bring it I did bring it into it I it's if my grandkids lived here in town they would be part of it yes so anyways you are the Planning Commission you give advice to the city council listen to the community is do we want a dying Community or do we want a living community thank [Applause] you with that I'm a shift worker typically I sleep during the races and I have no no problem sleeping with the exception of the nights that I want to go to it thank you [Applause] hi my name is Brianna andras I hate speaking but 409th Street North here in Canon I have four kids 17 13 let me think 17 13 12 and 8 they hate the noise they all play sports here in cannonballs I've got I have football I've got soccer I've got volleyball I do all of them none of them interrupt everybody in town like this it is ridiculous how loud it is and when they say they end at 10: I was one of the people that called the police on in June at 10:38 I have it on video of how loud it was at my house that's not 10:00 that's 10:38 and it didn't stop till almost 11: it's ridiculous it's not fair I want to know how long this is going to be going on how many weekends this is going to be going on I have nothing and it's interrupting my life it's not right thank [Applause] you hello I'm Chad Johnson and I support the fair and uh the fairgrounds being used for the race track 320 Larks bur Lane I think it would bring a lot of Out of Towners to the community such as the kids from oana that come and race and hang out with their family I'm sure for every racer that comes out we probably have five or six people of their family that go to local towns we've got the campgrounds in town if we start filling those up with people coming in to visit they come at night time they enjoy the night the next day maybe they get up they go spend some more time in town that's all I got to say [Applause] thanks I want to add one thing which is very relevant two weeks ago go when you had your Saturday night event I walked down there and there's a lot of people from Wisconsin and yeah it brings in a lot of business etc etc but my problem was the young boys that were up here I saw two of them around eight or nine years old in their uniforms walking around with a clear plastic glass of beer I'm not done yet F when when we were here 2 years ago when we were here two years ago fand said when I asked about the city and the beer license oh we're not going to have any beer vending going on well I asked the young boys where did you get it and it wasn't apple juice they showed it to me and here's a person in a bus who's got a cake set up undercover selling beer for five bucks a glass and I asked the Boys Can I taste yours and it was the same stuff and they went out and raced the next Heat so you can laugh at it but what if your young boy gets killed or hurt point being City take care of it all right thank you Jeff subbert 20235 Rowan Avenue Welch Minnesota I uh run the track beer come on I just some of this is ridiculous I'll be honest with you we'll probably have 12 races 12 to 14 races a year um two of them are two-day shows we have one in the fall one in the middle of the summer that's what our schedule has been since we've ever ran this otherwise we are on every other week if not less than that basis we usually start in May and we're done the third week in September that's our last that's usually how we do it um I'm not going to say there's not noise there is noise but furland I went down we have a race pass you can see on there when the cars are on the track we actually have it it's it's recorded there 2 minutes and some seconds we have 12 classes usually 11 we have three classes that make noise so if you divide that up and figure out how they're spread out we run two times for the night so you have each of those classes goes out twice no matter what you guys say you're not hearing this constant it's not a constant noise and I'm not I'm not denying that there's a little bit of noise but I'm also saying if you took the death readings that we are well underneath what is legal as far as the state of Minnesota go um we do bring a lot of family atmospheres if I ever seen someone selling beer at my track you can ask anyone at my track they would not not be there first of all and they probably would't like what happened to him and not a single parent would allow that to happen at that my track we are completely about kids and complete about fam um I I I don't I just I can't just imagine but I just I just want to say first of all we were here September or May 2nd of last year I believe we were here and the City attorney said that under chapter 38 which everyone of the whom we were running under that there was nothing legally that they could do about it that was brought up at this council meeting before this ever became of anything that's why nothing has been applied for that's what was never said we never heard back from the city council on anything it went forward as we went forward with the track that's what we was run under um Golden Spike Speedway is another fairgrounds in the city when they have their two-day shows what what city uh Blue Earth Blue Earth um they just built their track I believe they're like 8 years old so that was after 96 um their people in the community get together and they actually throw like a they have a flyer you could go on their thing and the community people in the community get together the businesses they have a little thing for them drivers and the families to go and they go to each business and they might get $2 off or get a treat they throw pancake breakfast for the racers that come in because they do spend money they are part of the community we're not a bunch of drunks We are family oriented and it always has been that way um our goal is not to be we're we're here to be part of the community we're here to be an asset not a not a drag on the community the you know you talk about tax revenue well if your small businesses stay in play because of events like this coming into your town and spend money in your town that allows your small businesses in town to also succeed which that's where you get your tax revenue from and I believe as a racetrack that we do do that and I believe that we provide a safe atmosphere for kids to come I charge $5 five and under free you have a family of four two adults one under five you get in for $15 $20 if you all paid where can you go in the town of Canon Falls for $20 if your kids don't like it are have a bad night with them we've had people walk out and my mom would say are you leaving early they're like yep we had a great time the kids are getting fussy we're going home for $20 they don't care they go home they had a good time for an hour hour and a half or whatever it is and you're able to leave and not go to a movie and spend $80 and feel like you got to watch the whole thing um we just really I just we basically we're we're geared towards the families that's really what we are anyone who has come has enjoyed it I know that not everyone is into racing and I do completely understand that I have three kids of my own I have a special needs son I have a son that's 20 and I have a son that's 17 um we all work at the track my special needs son you want to talk about special needs I actually have a class for special needs that we actually bring out and they run go-karts um on our track we did it at the other one we haven't done it yet this year excuse me this year but they will be here in September to run um we encourage like we encourage all aspects of life and where you're at and we it's a great place my son who's autistic he thrives at the racetrack with the people around and he's he's got a secure environment and he thrives with the community and with the racers around um I I just believe that our our goal is not to have big cars our goal is not to have anything but we what we are running now is brought up motorcycles yeah motorcycles um there was there was a show proposed with the motorcycles and we shut it down and that being said there's a reason we shut it down was to be fair to the community and our I mean you if you were to accept this and change the language you would be able to put in your conditional use permit the the permitted things since the the first night I will agree we did run late and I take full blame for that it was our first night running we it things just went along a little bit slower than they normally have since then we have not finished past 9 10:00 at night we mve classes to move the louder classes earlier in the evening and we're actually still kind of tweaking our schedule we're doing that right now to take the louder ones and try to bring them a little bit earlier in the evening um we'll continue to do that as the show gets going I believe we should be able to get done approximately 9:30 at night with everything and at that point you know if you have three classes that make noise and the rest don't it's kind of hard to say it ruins your whole evening when you we have multiple times where there's not noise being run and I and I do I do agree that there should be some kind of a partnership here and and part of the partnership would be basically allowing us to um continue to operate obviously we have our 10:00 curvie which we've met every other time besides that which there's a 10:00 curfew in the school in the um uh area here um we do have you know since that first night we have made adjustments we've added Mufflers we have continued to work to improve our race program you want to hear about what the track is I'm just trying to explain like why we're here and I'm I'm sorry I went over my three minutes and we will continue we are good neighbors and I believe that for the few that don't support it we have 84 houses up top and I think we've heard from five or six so that's just that area we haven't heard from anyone else and I and I think that a lot of yep and thatti I I we I I don't I'm not it is what it is I'm just saying for people here tonight for the outlet we do have people that supported also and I'll just leave it with We are family orientated we do push the family thing if you give it a shot I think you'll like it um you want somewhere for your teenage kids and your young kids to go and families to go as a family we are the place to do it um we'll keep it short and sweet and I've already ran over but I appreciate it and if we had have known that this was going to change because of your aspect of like what you thought would needed to do this would have been addressed earlier in this process but after our meeting last spring I think we kind of thought this wasn't a direction that we were going so any questions for me thank you thank you [Applause] Brian Douglas 1124 Minnesota Street West Canon Falls I'm just basically talking to the Planning Commission because that's what you're here for after we heard that the racetrack was coming in I caught a realtor and I wanted to get an idea how that would affect my property basically they came back to me and they have worked at the ALCO RAC track they know they've done homes around that area and basically they have said that first thing she said you have to to disclose that you have a racetrack in your city limits for every house that is in the city limits will have to disclose it if they ever want to go up for sale now for you for any you want to build this new complex developments you have all those houses that are being built it has to be disclosed by the real tours or whoever you have trying to sell those homes that there is a racetrack in the city limits as long as those homes are in the city limits so you need to take that under advisement because first off what I was told is that it's a 50/50 gamble that you're going to get the money you want for your house if there's a racetrack in your city limits somebody might buy the house because they're a racetrack Enthusiast which is fine but if they aren't the personent might pay them more money might just walk away and say I'm not going to live with that so that's what I want you to know is that the future is going to be dictated by this too thank you thank you hi Courtney Road um 100 to maryan I wasn't planning on speaking but um I live right by the fairgrounds and I think it's a really difficult situation because if you don't live there you don't know you don't know how loud it is so people who are kind of pish pishing all the noise it legit is loud I've had people at my patio and it only goes two minutes but those two minutes we can't talk because we can't hear each other so we're out there we're talking and then we can't and then we can start up again but it is very loud and I I am not against the racetrack I think it's great it brings a lot of stuff into the community like we all found out but I live right there and it's terrible and if you don't live there you just you cannot understand how loud it is [Applause] thanks Carmen Douglas I'm at 1124 Minnesota Street West in Canon Falls I don't think there should be a racetrack for motorized vehicles within the city limits especially in a residential neighborhood I know we've heard a lot a lot of information about 2-minute races and however many race U minute RAC tracks races there are on the racetrack the noise from this RAC trck prevents us from being outside in the summer when we we're shut in in um in Minnesota we're shut in the and our houses all winter and all we want to do is be outside and enjoy our homes and our proper properties um you can be inside my house with the windows and doors closed we're in the basement the TV is turned up to 60 and you can still hear the racetrack and if you don't believe me I invite any of you you can come to my house when they have the races going and you can hear it so I don't know what these people I mean they're used to hearing loud noises I get it but it's it's too loud it's too loud for us that live with this racetrack in our backyards I can't believe that the fairgrounds went ahead and let this thing go through be uh or the city council let this go through before any permits were were given I mean I I don't understand why nobody has entertained any other ideas about uh about uh getting any more money for the fair I get it that they that they need that they want the fair to continue and I understand that I like fairs but everything is so expensive maybe they're going to have to come up with some other options but I don't think it should be at the rest of our um at our for us to have to live with this noise just so they can have their races I think the Races they can have their races but it needs to be without outside the city limits thank [Applause] you I was talking with the racetrack uh gentleman maybe between the city council the fairgrounds him maybe it could put up a fence that would help buffer some of the noise if it's split three ways it's not going to be as expensive but uh but like I say the other thing too is the traffic and don't get me I don't want to get started on it but here's the thing you people don't realize the traffic up there when the fair is on and what I look at is you've got two exits out of that Fairgrounds and when that 4th of July they're lighting off Fair fireworks up there what happens if one goes doesn't go off like it's supposed to and all those cars are parked on that tier there and it hits in the middle of it and all of a sudden now you got a 100 cars trying to get out of there in a you know Split Second we're kind of getting off off the route here no this is talking about you guys you people need to be up there the city council and see what goes on what we deal with it's like I say do your job be up there come on up and see us we're the Planning Commission not city council well whatever but like I say like I say maybe you can split it with the Planning Commission the fairgrounds and the racetrack gentlemen offense to help buffer some of that noise I I like the idea the kids having their thing that's great that's what kids need but uh control the noise that's the main issue control the noise thank you my name is Nate wiberg 327 Larks berain um met Jeff about 10 years ago or so my son used to raise we used to live over in Wisconsin and I can say it is a very family oriented uh great great thing for kids to get into and learn a lot of things um I know I've heard stuff about the future plans um I think there's a lot of options I think uh fence possibly but there's also as everyone knows electric cars there's electric dirt bikes there's possibility in the future of electric carts guys can laugh all you want there's just saying I think there's options as far as doing things about the noise and the sound and I just think that it'd be a good good entertain everybody's ideas and thank you hi I had a really nice conversation with furlin this weekend my name is Aaron McMahon 612 West Hoffman Street and I know this is a race track is trying to do everything they can and Jeff talked about community and this this business is really tearing this community apart and I want to go on record as saying that as somebody who lives near the fairgrounds with children I think I speak on behalf of all those that are opposed to it that we have nothing against children we don't want our kids to have their faces in computers more often and we don't think the other altern the only other alternative besides racing are drugs or alcohol use or vandalism it's just it's just really tragic I just but I want to what really needs to happen here is the emotion needs to come out of it and we need to get down to black and white what are the rules what are the laws what are the regulations all right last year on May 3rd when the attorney addressed the council she was under the misinformation that this was a county fair and her exact words were there is no precedent for it she was wrong if I understand the City attorney sitting here right now I'm sorry I'm very nervous because this is very emotional if we change if this text Amendment goes forward then the zoning will change for all of the urban Reserve District is that correct that means if anybody wants to put in a motorized track they could do so next to residential neighborhoods on the north side of town on the west side of town excuse me on the east side of town and on the southwest side of town additionally if I look at the County plat the urban Reserve isn't even where the racetrack is is located there are two plats on the County plat that are are to I believe residential and that's where the racetrack is perhaps someone could I think that's incorrect I have a I have a copy of the County plat right here someone like to see it and again I would like to state that everybody here is thrilled that we have a fair everybody here supports the fair everybody here supports children these kids over here are adorable and we would love to have them race if we didn't have to be bothered by the noise but I will state that if you download the app you will also discover that there is not one local child who races at the at the events we have someone from Randolph and there's a racer from wel but there are no local children if if you can if you can make sure that we don't have to hear it anymore I'll I'll be the first one to sponsor a local kid finally as the attorney also stated the track has to has to fit Within criteria in our local zoning zoning ordinances 152 057 a through e and I don't believe that the track can actually it just doesn't follow A B C D or e thank you thank you [Applause] Andrea Whiting 327 Larks ver Lane and I just want to go on record stating that I am for this I have lived in multiple communities and been involved in multiple um various non-profits that are all for children's activities I will also state that Canon Falls is a community that I've paid the highest property taxes and so I am ecstatic hearing that there's church people coming in just to build a church what other activities do we have because I also came from a small town that I had to leave because there's nothing for kids to do there's nothing for families to do to raise their children to provide safe outlets for activities outside of sports not everybody's an athlete I was an athlete my nephews they're Gearheads they love Motors I would love for them to have an opportunity to have this racetrack or a dirt bik track here because that's what my property taxes pay for [Applause] uh my name is Zach I live at uh 301 Hoffman Street West I'm for the track um when it comes to the housing part that people are concerned about right now me and my wife are looking for houses there's not many on the market so even if you think this is going to affect the price of your house it's not because it's a very small market and houses are really expensive right now um as for going with the the fact of the kids I would love to have it where my future kids are able to race at this track so that's it hello Barry underdal 301 East Main Street I've um been around this town for 60 years I know Motorsports been going on at that Fairgrounds for longer than I've been alive this is not just some property that they built a track on that uh that facil supported stock car racing before I was born and they've had all kinds of different Motorsport events there over the years um they have had snow cross there and they they've had mud trucks they've had truck pulls they've had all kinds of things this isn't something new they're trying to survive I don't want to see the fairgrounds fail I don't want to see the buildings fall apart because there's not enough money for everything cuz they're it just isn't so this is a good way to support the the Canon Valley Fair and the fair grounds and me being a resident my whole life I think it's very important to maintain that facility it's it's not going to be much left if there are other facilities I've been to that have racetracks that got people built around them and they got forced out more or less they really limited what they can do there well what built those facilities was racing I know board members that told me that I've known them for years these are people have become friends with who said that racing built the fairgrounds now I'm talk specifically cassen that Fairgrounds all those buildings were built by racing money money wouldn't have been there if they didn't have weekly racing there and we're talking full-size cars now I think you should figure out just how loud these carts are in and follow the rules if you if you check with the deciel meter because I've done it myself I had a full-size race car on that track and I had a decel meter myself in that neighborhood and it was nothing the highway was louder so I'm just want you to consider that figure out a way to make this go if if my kids were little they'd be over there if I wish I was I had this track when I was a little kid I'd have been there every weekend so just uh please consider all the facts not just the complaints this is a lot like a airport having houses built around it then complaining about the runways you know so thank you thank [Applause] you I'm Jody Montgomery I was up here earlier I just like to make a comment um first of all from how I understood Jeff when he said it was like 12 to that equates to three and a half months of weekends which we already have shortened Summers also I have four kids and going on number 11 for grandkids so all of my kids were extremely active and not just sports but other things outside of that so and unless you actually live in the neighborhood and you sit there I mean I'm not a paying customer going down there and I can leave after an hour because you're gone you don't hear anymore but when you're there for the entire event even though you don't want to be because it's my backyard I'm hearing it for four hours and yes they run two minutes at a time but it's 4 hours worth of two minutes at a time and you want to talk about the fairgrounds yes they need to make money but the citizens are what's important in this community and that's what I think needs to be taken into account thank you second call anyone wishing to address the just we got a obviously everybody's got stuff to do we can't keep this going all night and I never respect you guys and and have to make this decision it's going to be tough for everybody and no matter how it goes it's going to be tough and and someone's going to be offended facts is what we want don't bring stuff up I heard about a tractor pull ripping well that happened during the fair but we're supporting Fair let's talk about facts about the gokart track once again depending on who you are I've talked to people up in that neighborhood who said yeah I can hear it it's no different than the neighbor Mo in their yard it's 30 minutes out of 4 hours of the loud cards that broke up that's the minutes if you guys want to go on race pass and pay the subscription to it you can look at it yourself and track the three classes that are going to make noise and that's where this comes from this is a a site that covers racing all over the country so you can go on and track any track that's on it the facts are the facts I know it's passion I think people are pushing stuff we come here with facts that's what it came here that's what I'm giving you and that's all we're going as far as house costs that don't even come into play because somebody might buy this house and somebody don't like this house that that has nothing to do with whether there's a track there or not once again that thing has had raced cars on it full-sized cars raced there like Barry said in the 60s and 70s so it's not a new track in a sense because there was race cars on that track and there's still motor events going on and there always has been so just want to say let's talk about facts fireworks bowing up cars I mean where's that coming from what's that got to do with any of this I I mean I I'm dumbfounded beer at the track I've been there there ain't no beer there I mean come on let let's talk facts that's all I ask thanks [Applause] for one last time taxpayers people that live in the city limits of Canon Falls and why are there not more people here tonight who are posing it's because most of the people in town could not believe that this actually unfolded without being stopped and are putting the care of their livelihood their Summers their home their property values in your hands and trust you will make the right decision this should not go forward the racetrack should not exist and I do hope you do not amend the text than [Applause] jle third and final call just one more thing if I could if I did the math correct um if you want to know the noise just the three classes that make noise the rest of them there's no way you can hear up in the houses I'll guarantee you cuz I've checked um it's 15% of the time we running for four hours if you do the math 15% of the time you can hear the cars so for 85% of our race is going on for four hours you can't hear anything running so if you want to put in perspective and that's cold F that's facts figure it out do the math I'm just did the math that's 15% of the time you can hear cars on the track out of 4 hours so I'm just I mean I'm just I'm just want to know the facts too and and and we are willing to work with the city council and come up with a plan that works for everyone um whether it be whatever limiting nights that we can race as far as how many a year so we don't we have all those in place our goal is not to make this a weekly race our goal is not to make it expand into anything other than what we've done for the last year this year and what what I have done for the last 5 years at the other track um I have no intention of doing so and like I said we we're willing to work and if you think about the time you can hear 15% I mean if you expand that over four hours so just wanted you to that those are hard cold hard facts of what you can hear during the races and I'm not saying you can't hear my PA system for them talking but as far as the cars go I come up here and visit friends and there's a ball game going on you hear that for blocks away from the ball park park all you hear is the PA going I mean me I'll be honest I me if you want to talk about that I'm just saying 15% is a is a number that is a legitimate number that you can hear the cars run um and if the wind's blowing you're probably not even going to hear some of that if it's blowing the other direction you're going to hear a little bit more I I just once again we are here as a a friend of the community someone that wants to come and help grow the community and provide a spot for families to go and uh for cheap entertainment and somewhere for people to come and hang out that's all I got thank you so [Applause] much I'm Brianna con 4580 boow trail near strand Minnesota I'm a local realtor of nine years so if anybody wants to chat afterwards let me know I'll be outside with cards I'm Jan fener and I don't want to sell my house I this is where I built a house and this is where I want to stay to the gentleman who said that someone was at the races they'd had enough their kids wanted to go home and go to bed my kids want to go to bed too they are home but they can hear the racetrack they get to leave and go home we don't we have to stay Thank you hi I'll make this quick Jim Hoffman 917 West Park Street uh so many people have kind of stole my thunder but I would like to ask a couple of questions um the one thing I want to know about for uh like the uh the permit and that kind of thing is I've noticed that down there there's overnight camping as well a lot of times and what about the hygiene for that I have questions on who uh who carries the insurance policy down there and who pays for it um it was a track and a design was that was that uh and the construction was that done under the oversight of a civil engineer what does that track look like um my question is what happens if got if somebody gets severely hurt down there or God for be somebody gets killed who's on the who's on the ticket for that is what I'd like to know I had a lot of other things but so many people did a lot better job of talking about it than I did because I did have some misinformation as well uh one of the things I would like to say is that this public hearing was a long time in coming there's been no public hearing up till this point we were just told this is going to happen there's nothing you can do about it and very voyous by some of the uh board members by the way uh that's all I have thank you [Applause] I do have one last excuse me we've been talking a lot about the noise Steve lives down near me I live a mile away almost eight blocks and on August 10th I could hear that second class very clearly granted it was every two minutes or whatever it was that's a mile away that's too far thank you hello my name is Shauna Chambers and I live on the east side of town 105 East Minnesota my dad lives on the West Side 1221 West Minnesota so he hears the races up there we like the race noise um we don't mind it it doesn't bother us it doesn't keep us from sleeping up there doesn't keep us from talking to each other that's for sure um I think it's just perspective really I think change change is the nature of life I think if you want to grow change is inevitable and this community does not have very many things for children let alone families to do we went down there and enjoyed the races a couple couple weeks ago and um it was awesome I mean I would say if you haven't actually visited the track maybe don't knock it till you try it I think it's amazing what these kids are doing I think supporting children is very important I think in our town we don't have enough things outside of sports to support children in um it's going to grow our community along with the church I mean everything you're saying yes to is growing our community is bringing in more Revenue um glory to God for passing that church thing though thank you but the racetrack is just another is just another form of growth for our town if people can't handle the noise I mean it's not every day it's not even every weekend there's there's lots of things to complain about um I guess you're always going to find something right so I guess I would just say I'm for it um I think that it should be approved thank [Applause] you my name is Brendon Newville I live at 2280 290th Street Clear Lake Wisconsin um I've been racing at Jeff's tracks for four or five years now um he's always done a great great job supporting kids um same goes for the church thing they have they have a very strong passion want their Church in session and we have our racetrack that's what we do and you guys have your kids who would do their thing we do ours we all have a certain passion and I think that this track should stay and another thing is there's a back up Northern Minnesota Princeton in Max County they are in these almost the same exact I don't know the number of years the track's been around but they are in the same boat there is a highway right behind the pit area same as the fairgrounds here in Canon Falls um and there are houses there that are closer to the track than there are here in gon Falls that's all I got thank you [Applause] I'm going to repeat the third and last call hearing none I'm going to close it okay committee do your thing do we have anybody here from the fairboard furland you're on the fairboard I am on the fairboard I understand understand that uh that um I've always had questions about this that the Canon Valley Fair is an was originally put together as an Agricultural Society Fair is that correct that is correct is it still from our knowledge and everything we've done checking with the regional fair and everything else yes we are is that um basically the same thing that the same society that deals with the county in the and the state fair correct we're members of it voting rights to it receive money from it and so you're a nonprofit we're nonprofit and is the fair losing money every year I would say I would say no I I mean no we're not losing money but what we're making is very little by the time we pay it's not going backwards not completely backwards it's almost a break even to just a slight profit maybe so because it's a nonprofit um can you run a for-profit business on the facility there's two parts to the fair there's two parts to the fair correct you got a 513c and you got the fair the Canon Valley Fair Association the 5013c is what businesses can donate to the fair as friends of the fair I'm a little confused about that um you know that the reason that that Fairground is was located there originally and I'm I've lived here all my life I'm only uh 54 and it's been here for 109 years so I I I can't tell you okay the original reason of course was the Agricultural Society correct in in but 1915 they picked that location because because it is a natural Amphitheater they didn't have grand stands they sat on the hillside and it was a natural Amphitheater in this area and I can guarantee you it still is uh and it amplifies everything from that Valley and it goes up the Valley now it's true that you can have uh different decb high decb but the frequencies make a big difference and I'm pretty knowledgeable about that I've got a nice pair of herin AES here um they do make a huge difference and I can tell you that it does go to the uh the noises do go through um all the way up to the east side of town or at least at least to West Main where I live um but I I'm I'm curious you receive monies from goodu county is that correct correct tax monies every year you're not a county fair deal I'm not going to answer all the financial stuff get County funds you get County funds so just like the county fair does which is kind of interesting I think um so you also accept donations from people they become friends of the fair which they basically can be at a different level of what they get with that Friends of the fair we'll even take your money for friends of the fair if you want to give it what's it yeah I know you would well I know that 50 years ago when I was younger um yes I very much enjoyed the stock car races at at the fairgrounds uh 50 years ago those 80 plus homes uh to the south of the fairgrounds didn't exist and there was a lot of woods in between and uh they were fun races they're a lot of fun I'd love to have a go-kart too myself but I like Motors but um and I can see you know where where the interest would be for the kids and stuff but the fact is that Canon Falls is evoled and I'm not really sure that the fairboard understands that we've evolved we've got probably 80 what plus buildings up there along the side of it up on the hill up on the bluff and they're taxpayers to the city now I don't know how much income the city receives from from the fair or how much income the city receives from your profitable businesses that run there I'm I'm confused about that these are just some basic questions I just you know just have gone through my mind here thinking about all of this because I do see it as a huge asset to the community the fair is a huge asset to the community and we have to be sensitive to the community and let's face it you know in 1915 they didn't have amplification either you know they just whoever could talk the loudest was heard so things are really evolved and um so i' I've got some pretty interesting questions I don't know that the city benefits the city itself uh benefits from any real estate taxes or income taxes do they we don't receive anything from so so you got a problem with me there um and it's always been that way it's been 100 what 50 years fine but when you're starting to affect the way the city evolves then you have to change your own views and I feel like you're locked into something that maybe isn't approp appropriate for for this city it's a lot of sounds like a lot of fun I'd love to do it you know I like things that go fast well we could get to one yeah I'll tell you I like to go 150 M an hour and I do about 10 ft off the ground but uh or did in my life but you know I I just see that there's an insensitivity to the city from the fairgrounds and uh tell me are all your board members citizens of Canon Falls not all of them most of them citizens of goodu County absolutely they're all citizens of goodu County yes just curious I don't know the makeup of your and I assume that you hire agencies to do the land and or do you do all that to the mow the property and keep it up we mow it all we take care of everything ourselves I know you guys don't get anything for that I know that no that's great I understand that but I just really think that your board needs to be more sensitive to the community's needs and I and I really don't I don't know if I'm hearing that first of all I'm wondering how this got started and what because you're under the uh you're still under the RS from the Agricultural Society if I assume there's a huge Book of Rules with that Society too much for my small brain to read yeah I'm pretty sure there is I'm just curious about these things so that's all I had but I I just really um I I think it's a wonderful thing for the kids to do I think it's it's a great asset to the community the fair itself is and there are ways that the uh board maybe needs to be a little more considerate of of the city and I'm not sure that I'm hearing that I think we've made adjustments to what we do with the track well to take into considerations we are open to listening to the the neighborhood we've done that trying to listen to some people about it well you're not endangering your situation with the Agricultural Society by doing this are you no you're positive about that far as I know okay I I'm not about County how about the county you going to get their funds if you continue to have a profitable business there I think it's two separate entities okay well I don't understand that someone will have to explain that to me yeah I don't know we got to have ways to bring money in to fix buildings the funds you get from the good you County isn't enough if someone has a really good idea over there to bring in funds and willing to drive it we're open to it I've heard I've heard different things but at this point the count or the the fair is not in the red it's still profitable we we're about as close to the red as you can be well I I understand and if we had to hire someone to do the moan we'd probably be in the red I understand nonprofits okay thank you very much for your time any other questions I follow up on Bruce's first um the Canon Valley Fair Association Incorporated is registered as a non for-profit in the state of Minnesota under you I'm not the one to answer this I'm not okay we got 501c what what's what's the name of that one that's for the friends of the fair I did someone Robin are you in here she could probably give you a better answer on that the Canon Valley Fair is what we run under the account does it I just do the books but we have an accountant that manages all of our uh taxes they did start doing storage I don't know when um somebody else might know when the storage started and that was uh winter storage to help support fund the fair um and the buildings so most of this is for uh all the things that we do are trying to get funding to make sure we can maintain our buildings get the grand stand you know back to where it should be we had an engineer we had to pay an engineering firm to come in because we don't want anything to happen to that so we have work that's all public information you have to publish that information yeah so we do go and do all of those things so th the funding and the storage is all for that so we do pay and um unrelated business income tax on those fund funds as part of what we do but that money goes to the Canon Valley Fair Association the Canon Valley Fair MH okay and the friends of the fair is a separate organization yes I think almost all county fairs all have the same setup okay there's the fair and then they have the friends of the fair you'll see that at good Hue County County Fair they we're not a County Fair no but we're set up in the same way because we were originally under uh as an agricultural Association they handle all and yeah so it's still set up that way okay just clarification on that yeah anything else for me too much [Laughter] already good I got I got something um so is this my understanding of this is that a lot of stuff was bypassed um as far as planning meetings and whatnot was was that because of the the fair being part of uh an EG society that was part of yes I was correct that's what it all started out as as moving along with it when it came out we came in here for a a meeting to discuss the track being built that was last year we we talked about that um there was people opposing it at that time that was here they everybody spoke um as far as knowing that it was uh this Urban Reserve ground like I say I didn't know that as far as everything we knew from years ago members of the fair that kind of Sat by itself and you know shame on me then look at a zoning map but I still don't understand how number one that little piece ends up as an urban Reserve when supposed to be 10 acres and that one's only 8.9 Acres or how it got put in there when did it get put in there and even if it isn't in there there's other zoning obviously that falls into the the fairgrounds which like I say the the senior people way before me was always understood the fair stood by itself um it also was that way with somebody who worked for the city full-time similar position to Zach had made that comment that that's just the way cities always handled the fairs just let them kind of do their things so they survive so my fault we'll we'll take the blame we'll take the beating on that it wasn't on purpose it was what we had heard from the past and people we've talked to so um does uh does the goody you County Fair belong to the egg Society correct um and and so if that's if if what you're saying is true and and you're still an egg Society um why are we um talking about this um I I feel there's difference on the on the city's level maybe at this point saying we're not because it does say in there that it's one county fair but what it does also state is associations we're Canon valy Fair Association it can have one County Fair it means you can't have two county fairs in one County um uh in the from and and my information may not be correct um because uh I looked into this a little bit before I got here tonight um and what I read in some of the Minnesota statutes when it talks about um County Agricultural society's formation and Powers um generally or specifically it says an Agricultural Society or Association may be incorporated by citizens of any County or two or more counties jointly but only one Agricultural Society shall be organized in any County so is that what's do we have do we have one in good Hue for the count County fair and then does that verbage mean that technically we're not allowed to have one via this via the state that is is that is that is that what's sort of driving this that's what turned it this way but we still believe that we're part of the the egg society and at this point everything we found out from Ira we get voting rights to it we receive money from it usually if you're not part of something you don't get voting rights so I would say that that's telling us we're part of something okay so and I think that was probably in place probably way before some of the verbiage that we're reading and we're probably grandfathered in probably today there won't be a new fair started up that's not a county fair that would be part of it right but in 109 years there's probably l somewhere along the line that allows us to stay as that and that's why we got voting rights and we don't want to endanger that correct Community does not want to endanger that they want it they like the fair it's great for the community correct what I'm ask my question is is are you endangering that you know fairs whether it's county fairs or any other Fair within this state are doing many different things to raise money to keep the fairs alive they're not just living on just the county fair well we're not a county fair and that's no I'm just saying there's other fairs within here that we're not the only fair that's not a County Fair within the state of Minnesota what I'm saying is is fairs have to do other things they they do but we don't want if you're not part of the Agricultural Society because you don't adhere to their RS that's what I'm worried well I think we we are in the rights to do what we're doing to adhere to it because part of it is is we're not going to have a barn for horse shows or cows over there if we ain't coming up with more ways cuz the horses and cows don't pay for everything I know and the and the county helps subsidize that some but but yeah you can see my point though I I can see your I don't want I don't want to see the fair go away well that's what this whole purpose is is we don't want the fair to go to away we're here fighting to keep the fair here but my point is maybe the board's in sensitivity to community might affect that well right now from what I'm seeing it seems like there's more people in favor of doing this than against you're not seeing that I'm not seeing that no okay I mean I see a lot of things that are interesting but I don't see a a lot of uh of of the of the EV of an evolution within the fair that relates to the community which which is supposed to be evolving which is evolving it'ser if the if we're going to go by that and you got houses who have built closer to a Fairground that have been there since 109 years so guarantee 50 years ago those houses weren't there that's my point so now they've built closer to it you accept what's there it'd be no different than me building a house down by the crap plant down here and have to smell it and say you can't have that anymore if you move closer to something it's there and you accept what can go on there and and that's true but as long as you don't endanger the livelihood of the fair I don't think by the things that you do you have to stay within the rigs that I'm sure that the Agricultural Society puts out to you well I guess that's as far as the egg Society I don't I don't know enough about it we're not going to hire attorney to come explain it all it doesn't make sense when we're being told from the top of the Regional Fair and stuff that we are so but you need to protect yourself somehow and I think we are protecting ourselves we're not going to lose it from being part of it well you're you're the chairman of the board no oh okay but we do have other Fairs around that have board members that do you have any anybody Le within the board that would understand these things our board yeah no that has legal training not legal training no fair PRI cares someone legal training I'm I'm I'm sorry to bug you about this but you I just don't want see I I just don't want the to see something uh happen to to to the fair and that's what I worry about I think that's what's in all of our minds of the best interest of what's going on but that's not what I've heard tonight okay okay let's uh move on all right I'll stop I I'll quit I can get pesty I'm sorry the the real reason we're here tonight though is to look at whether or not we want to modify the urban Reser Reserve zoning and allow motorized cart racing in urban Reserve which would apply not only to this particular a little shot of green on the zoning map but all around correct correct and so then I think the question for us is we all may love the fair we all might want the fair to survive but the real issue is do we allow uh motorized cart racing in urban Reserve zoning correct correct but the conditional use that would follow with all the would help with other areas right but I mean so because we've we have other Urban Reserve areas correct and that means that they would be open to having motorized Gokarts also if somebody else wanted to come into town and do it right if they make your conditional use right yeah with all the stuff so I think that's the question we deal with tonight um correct thank you and you have your private conversations it's the Norwegian in me but I I believe with where our cart track sits probably most of your urban area wouldn't give you a 700 foot distance from housing and this and that there's a good chance that don't meet that which could be a conditional use and it also means though in the going forward if we Annex more acreage into the city that would could also become Urban reserve and therefore I mean we could have a developer come in have us an next thing and then next thing turn around and say Go Cards it could or you could even put it can't you put a conditional use saying that this is for a fair ground's purpose and that would lock it down we got got to change of text Amendment for the urban Reserve we can't we can't specifically say it's for the urban reserve and the fair grounds no the the text language changes and then what I'm saying is the conditional use would be for the fairgrounds not the about the rest of the urban Reserve that's how I would that would be a lawyer type question if if one can restrict that in such a way that no one else would be able to apply so I I think the question is can a can ignition use use permit be limited to a single user yes and the answer is no that's right that's what I that's what I thought we had Ferlin can I ask a question here do you so I'm just following up on some of Jim's questions because they're what I had did any was a camping permit pulled when people were camping down there did you go through the city to do all that stuff or do you not have to because you're a fairboard or how'd that work no someone obviously from Community or whatever called and it it started with the with the Demolition Derby on Memorial Madness which as a Fairgrounds we didn't know that you needed anything like that so then the state reached out to us and every time there's been a a camping event we've had to get a permit the whoever's going to run the event has to get the permit they're allowed two a year okay so that was all taken care of no different than when what Amy cloar and the bike thing was here they pulled the permit for the tenting down there so who who's on the hook if something happens down there do you guys have an insurance policy that covers it or is it the City or who no no it's so for the like the track Jeff carries insurance to cover the track and then ours would probably be a backup policy behind that just like any other event down there if you're if there's an event down there they got to carry insurance and that's required Mr chair I think that some of the questions are going beyond the scope of what I'm looking for uh Comm commissioner Johnson was on with regards to again the question is whether or not um to allow this as a condition of use within the Zone looking at consistency and compatibility and then if it's allowed then look at the conditions that would be attached to it so my my biggest concern is um if if if we allow the uh text Amendment it's it's not for the just for the track at the fairgrounds it's for any Urban Reserve area in the city of Canon Falls and I just I don't want to go down that road word as a committee and going forward as a council um we have to look out for the benefit of the future of the citizens of Canon Falls not for just this one specific thing you know they can say okay we can just this once let's just use that for an example well just this once it's just for this but it's not because somebody else is always going to come in and say that's a good idea we can do this over here because of what they did over there and there's no way really we can stop the snowballing effect whether that would happen or not but that's that's my opinion and that's how I feel about it everybody I mean I I don't know what to say on it what are we going to do with the rest of the fair period as if we're going to go after one thing are we going after the whole fair is that the consensus that I'm pullinger because we're not going to survive as a fair and if we're worried about one Motorsport event that we're Limited in noes and doing our best to meet the community to help us out what's next that's my question what's next because we got to survive and andair and you you've survived for 10 how many years and all of a sudden you're not going to be able to do it without TR I have you been there seen the buildings yeah I go every year okay well there's a cafe that used to be do you remember that yeah well that's barely hanging on to legs uh some of the barns pretty bad shape come on in there and look at them up close but it's be it's because whether this track is a go or no go is going to depend on what what happens to the fair moving forward no we got to come up with other income sources yes and I can ask 100 people does anybody got a great idea for it it's an outdoor venue we don't have anything that can sustain all the barns are cold there's nothing for heat what other ideas do people have um I I I don't know we've kicked every idea around it's hard to get you can get a lot of participation with a racy I'll guarantee you that a lot of other stuff over there like a craft show or whatever you want isn't going to be a big participant showing that's what we need we need people there we need the place to be used you know we gave up our when the park was flooded someone needed a spot to go for a graduation party we gave them the barn to use right I mean the fair is willing to work with lots of people but we also got to come up with ways to fund things I understand that you know we now have you know when you say that we don't pay for the property tax and all that I can respect that but now all of a sudden we came with a water bill that started out as $1,100 that was going to be there every month and we've never faced that before we got 50% of a wave because of storm runoff while they M Mr chair again this is going off from what the the charge for the commission is it's to look at whether or not yep to change do a zoning text Amendment not the the water bill okay so committee done beating me up yeah for now I have just one more legal question um if it is required now for the racetrack to have this change in the zoning why wasn't it required a year ago text them in yeah what change in the zoning um I was I I will let you know that I was not involved in that aspect and wasn't but from what I'm reading the staff report and my understanding is that um there was misinformation with regards to what the fair actually was um my what I'm hearing is that um it doesn't fall under the society statutes it falls under it's a actual it's a it's a organized nonprofit organization which is separ different than than the society itself and so the society if you fall under the chapter chapter 38 of minota statutes you're exempt from uh City Zoning and if you're not Within Chapter 38 then the City Zoning would apply and that I'm assuming that was the change you probably would know more about that so I see City administrator is shaking his head yes the fair board just said they are part of the egg Society though have we definitely determined that that's not the case well what I what I heard was well first of all I think the determination made by by when staff looking at it found out with more information it sounds like that they are a uh Minnesota nonprofit corporation which is different than being a uh part of a society under this chapter 38 chapter 38 doesn't require you to uh register as a corporation with the city and plus it also says with the society there only can be one in the in the county and it sounds like we have one already which is not the fair in question thank you can I make a comment here I'd like to address that so it's it's like two businesses and and you keep saying the the corporation it's like two business where egg Society covers the whole Fairgrounds and everything else the corporation portion of it is to accept businesses donations it's two separate two separate things the track is part of the egg Society just like the horse track just like everything else out there that's the egg Society portion well we seem to be having a conflict in in it being an egg Society or not correct and and and that goes back to last year you know we moved along no one stopped it that it was not an aerde that didn't come up play till just recently and now there's a lot of money built into this because we were operating and we were let to be operated under this chapter 38 where we didn't have to follow any of this and now it's being thrown on us there's a lot of money spent out there to bring this in here we were going to do this text change to be good partners with the city and work with everybody that that was our idea that's what we're here for so if if you're an EG Society in theory you don't have to do that correct so why are we doing this that's my point why are we doing it because we because you're not an a society we are that's what we're our stance is we are then there then I think this goes back to the the commissioner's point that there's where it says in the statute you can only have one in the county and it seems that there's more than one operating in the county and so either the other County Fair is in trouble not trouble but the county fair is jeopardize or this fair is jeopardizes that that was your point right well I guess I couldn't find a business registration for the good you County there because I didn't know what its proper name was I did find one for the Canon Falls Valley Canon Valley Fair Association which is registered as a non nonprofit corporation domestic okay so that makes sense I mean a 501 you need in order to have be a get be have federal tax uh designation of 501c3 you have to be a nonprofit in Minnesota but that didn't tell me is there a different business registration for like the goodu county fair I I I don't know because I did not look into that um the if app I mean like again as I said the the the what the commission is doing here today is decide whether or not to allow this as a conditional use if if if that is then allowed with conditions application will be made and at that point a deeper um investigation can be made of whether or not the the fair is subject to the requirement of a conditional use um but as of right now it's just a matter of is is it going to be allowed or not with regard to it as a conditional use okay CLE clear as mug yeah I I guess I'd just like to go on record I'm I'm I'm frustrated how we got here myself I it's it's not clear it's not very clear it's become more clear over the night but a go back a year ago why it didn't seem like we were working together the fair should have been working with us we should have been working with a fair you know good stewards all that stuff should have happened uh I can sympathize with the residents the taxpayers that have all the noise issues that probably went to that meeting I just don't know how we got here and why you know now it's to a boiling point I guess and that frustrates me I feel like it should have been taken care of back then um I guess some new facts have come to light but it's just it's UNT fortunate cuz like you said money has been put in there and you have all these supporters that really enjoy it I used to go to it to fair or to races when I was a kid fond memories all that stuff love the fair um I think end of the day I I sympath sympathize with the taxpayers and the noise situation I live um on the northeast side of town I can hear it from my house too um it's it's a problem in my opinion and I don't think it's consistent with what the City wants to be now that being said I do this is the Planning Commission I do want to work with the fair board I think having these conversations maybe even in a private setting if you just want to set up meetings stuff like that those are good situations to have it's only going to bring out those good ideas that you want um I guess that's just my how I feel on it so and I'm with you it was over a year ago we were in here and nothing was and I would say a year ago too you know that my understanding was that was city council you know I wasn't here a year ago Jesse wasn't here year ago I don't Bruce isn't on city council um you know so it's unfortunate the way it evolved I guess is what I'm saying correct and at that time the attorney sitting here for the city rode the chapter 38 and basically said there wasn't a whole lot with the fair that could be done that's when we told you were an egg Society yes and we sued it because your attorney had said that so we just did what we could here's here's what I'm going to ask you is there a way that we can just table this put some more information together and maybe get together with furin and uh iron a few of these wrinkles out before we make any our decisions tonight um my the answer is yes but um the my understanding is from the city administrator is that we may be um have certain and Zach can can you can chime in too but we may be under certain time restraints with regards to the 60-day rule and making a decision so we would need an extension of that um I we request that you know you can make it on the you can do a indefinite extension on the record um but we that an hour we got to do that as part of the city council well no we can we can do you can make you can table any you can table items if you want but I think we would need an extension and then he would have need to submit something in in writing do you know where we are with the how much what our time frame is on that uh yeah uh date wise well he's going to look for when decisions have to be be made and this uh for anybody who doesn't know on the commission you you may know that you know we the city council the city has only so many days to make a decision and so that's what 1599 is is that we have 60 extending out to 120 days to make a decision from the time of a complete application July 30th so 60 days from July 30th but we can request an extension I 120 so let's just do it anyway okay I I guess what I would say is that um if if you're if you're looking to do a table on it maybe have uh the applicant make a uh a waiver of the of1 1599 they can they can resend that waiver if they want they can set it they can extend it out say you normally get 120 days they could say well I'll give you an extra 30 days they get it done or however it is however you want it to to be done or another 60 days um and then follow up if the applicant wants to do that then followup is just a an email or writing saying what he's going to do and if you do that then um I feel comfortable with with uh doing with tabling to the next uh Planning Commission meeting are you okay with that here here's my question though if we table that how many more races are going to happen between now and that table uh Jeff do you know we got a race scheduled for this coming Saturday and then we're off until we only have we only have four races left for the whole year so I guess my question would be if we table it and the people that are having issue with it right now are they going to have to deal with it for another they're going to have to deal with it till we make a decision is kind of what I'm thinking I really think we should vote on this yes I would I guess I would make a motion to deny the text Amendment as written or the or Zone ordinance as written I would second uh motion second uh motion by Nook second by Hemma to deny the text Amendment there any further discussion and just to be clear this is to make a recommendation to the city council um for denial this is not the actual denial itself that's correct correct any further discussion right do this have to have a findings a fact attached to it uh the the record itself is would be enough for the findings itself that you can take to the council um what I recommend if it goes to the council the council obviously can make their decision on on how they want and they can read the record to that makes the findings um and then it would it at the council level would require a written resolution if it if there was if there was denial of it any further discussion all in favor I I close motion carries so what's the what's the next step then I'm not sure where you guys are going or what so the city count meeting this next this this is just a recommendation it'll go to the city council on September third and this I mean this will be part of their I mean it'll be on their agenda this is advisory only yep yep and city council makes the actual decision yeah so their their uh recommendation is to deny y okay all right thank you thanks for motion to adjourn second thought second by noach to adjourn all in favor I adjourn