Based on the context provided in the transcript and the names mentioned during the roll call and discussions, here is the formatted transcript. **Note on Discrepancy:** The list of officials provided (e.g., Mayor Matt Montgomery) appears to be from a different term than the transcript provided (which identifies the leader as **Mayor Robinson** and the Administrator as **Ron Johnson**). I have utilized the names spoken within the transcript to ensure accuracy to the specific recording. *** [0:05] **Mayor Robinson:** Good evening. I'll now call the City of Cannon Falls City Council meeting for Tuesday, September the second, to order. Roll call: Council Member Duncan? (Here) Holst? (Here) Johnson? (Here) Madsen? (Here) McCusker? (Here) Schloebloom? (Here) and Mayor Robinson? (Here). I'll please stand for the Pledge of Allegiance. (Group): I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [0:50] **Mayor Robinson:** Good evening everyone, welcome to the City Council meeting. At this time the chair will take a motion to approve the agenda as submitted. **Council Member Merle:** I'll move. **Council Member Bill:** Second. **Mayor Robinson:** All right, get it down. I got Merle and then Bill. All those in favor? (Aye). Agenda's approved. That moves us into public input. Citizens may speak to issues not on the agenda. Before speaking, please give your name and address for the minutes. Please limit your comments to three minutes. Seeing that there is no one here who wishes to speak, we'll move on to public hearings. That'll be the liquor license violation for Sol de Mexico. Chief McCormick? [1:36] **Chief Jeff McCormick:** Thank you, Mr. Mayor. If you recall, two meetings ago I prepared a memo for Council regarding this asking that a public hearing be set for this evening. At that time we received notice from the State of Minnesota, the Department of Health specifically, that Sol de Mexico had not renewed their 2014 Food Service license, and as part of that, they were going to be issuing a cease and desist order to Sol de Mexico to stop operation. However, as part of their enforcement process, they also then notify the cities when this type of thing occurs. The city code requires that restaurants have at least a medium Food Service license as part of one of the requirements for renewal or issuance of a license—in this case, it would have been a renewal. [2:22] **Chief Jeff McCormick:** Um, and Sol de Mexico did not have that at that time according to the state. Following the meeting, Sol de Mexico was served a copy of the notice, which was also published, and obviously we're here this evening for that public hearing. I see nobody representing Sol de Mexico at this meeting for the public hearing, and so therefore I'll lay the information out for the Council on the facts as I know them and my recommendation. At this time we will open up the public hearing. [3:07] **Chief Jeff McCormick:** Okay, in 2013, Sol de Mexico requested a license renewal for the operational year of 2014. The City Council granted that provided the administrative components were met. We received the information from them that would generate the renewal of that license and it was done. In July 29th of 2014, I received a phone call—well actually first Diane Howard received the phone call and transferred it to me—and I spoke with a State of Minnesota Department of Health enforcement officer who advised that the Sol de Mexico restaurant did not have a valid Food Service license. They had been notified since, I believe he said February, and had not come into compliance. [3:54] **Chief Jeff McCormick:** They were now notifying us and as such, I reviewed our code and found that the food service was a component and requested that this public hearing be held. I checked with the Department of Health this morning and received an updated email and then spoke with them, and as of this point, they had not received compliance from Sol de Mexico. I informed him that they had ceased operation approximately a month ago, which was news to him. They'd sent somebody out to check on the location at the end of July and found them operating at that point, and they just had not been back out since. At this point, it would appear that they were operating without the requirements of our code. [4:40] **Chief Jeff McCormick:** As such, the license that was issued to him, I don't think should have been issued had we known that, and that I would ask the Council to revoke their liquor license. I realize that at this point they've closed doors, but I still think it's appropriate for Council to take recognition of the facts and make a finding regarding what sanction, if any, they would like to impose. I think just from my perspective, if you're not going to be operating under the law—I mean, not renewing is something that is detrimental to public health—if they can't operate under the law, then I think it should be revoked. [5:26] **Mayor Robinson:** Yeah, it's certainly my understanding that they're out of business and they've just cleaned out. I have all indications to believe that, but the license was still granted. I would hate to see it remain in that granted status without Council taking action. **Council Member Bill:** What do we have for penalties? What penalties could we impose? [6:14] **Chief Jeff McCormick:** You could impose—I'd have to pull up the code specific—but you know, the Council has a wide range of penalties. Typically we have a matrix that would spell out, if you recall in previous incidents where we have a first-time infraction, it's either a three-day suspension or a 500 dollar fine, and it ranges from that all the way up to revocation. The code does provide for deviation from the matrix in circumstances that warrant it. I think in this case, the fact that they renewed knowing that they hadn't renewed their food service license—we wouldn't have granted that to any other request for license without that—I think that warrants the most severe sanction on their license status. [7:01] **Council Member Merle:** If we revoke the license and they go someplace else, is there some way that we can tag them? **Chief Jeff McCormick:** They would not be able to easily renew their license here, and if they're making applications somewhere else, they should be disclosing all the locations that they've been. If they don't, then that entity would have to deal with the deceptive component of that application. **Mayor Robinson:** Would notifying the health department do anything? **Chief Jeff McCormick:** I spoke with them today that Council was going to be taking this matter under a public hearing and would advise them of the outcome. **Mayor Robinson:** Okay, any further discussion? [7:46] **Council Member Bill:** You know, Jeff, I think when something like this happens with a business, it's always kind of sad. I know there were a lot of people that eat there and stuff. I feel bad for the situation and I don't really want to know the circumstances or anything, but I wouldn't be comfortable with penalizing somebody. I'm sure there's enough bad things or bad feelings with their business failing and employees lost their jobs that I don't see any reason to reprimand somebody for something like that. I just feel bad for the situation but I don't want to do any fines or anything like that. People got to move out of their lives and figure out the next step. [8:32] **Mayor Robinson:** Well, it's already part of the discussion. I mean, do you have any further discussion? Because we can close the public hearing and make a decision from there. So, at this time, we'll close the public hearing and then we can discuss what action we're going to take. **Council Member Merle:** Jeff, revocation doesn't involve any fines, it's just that they can no longer operate in Cannon Falls, right? [9:20] **Chief Jeff McCormick:** What my recommendation is, is not a fine. It's just the revocation of the license, effectively making it a crime for them to sell alcohol had they been still open. My recommendation would not have differed. The only thing that may have changed it is had they renewed their license prior to this hearing, I probably would have been recommending a suspension. But the type of situation I think really does escalate this up to that sort of upper level of penalty, and I certainly did not recommend or envision any financial penalty from the Council, just the revocation of that license. **Council Member Merle:** I mean, the fact that nobody's here from the business tonight shows they don't really care. It kind of speaks for itself. I'll move to revoke their license. **Council Member Bill:** I will second that. [10:06] **Mayor Robinson:** I have a motion by Merle and a second by Bill to revoke the liquor license for Sol de Mexico. Any further discussion? All those in favor? (Aye). Opposed? (None). **Chief Jeff McCormick:** Mr. Mayor, with that I did prepare Resolution Number 2097 specific to any action that the Council may dictate based on the recommendation of the City Attorney. If you'd want, I can give it to you or I can read it, whichever you prefer. [10:53] **Mayor Robinson:** All right, so we have Resolution 2097: Resolution to Revoke Liquor License. Whereas the City of Cannon Falls regulates liquor licenses, and whereas the City of Cannon Falls issued a liquor license to Sol de Mexico Incorporated for the year of 2014, and whereas the City of Cannon Falls Police Department learned from the State of Minnesota Department of Health on July 29th, 2014, that Sol de Mexico Incorporated did not renew their Food Service license January 1st, 2014, and whereas the City of Cannon Falls requires a valid Food Service license as part of the requirement to obtain a liquor license. Now therefore be it resolved that the City of Cannon Falls, after holding the public hearing and considering the facts of this matter, orders the liquor license of Sol de Mexico Incorporated revoked effective this date. Adopted by the City Council. So I'll take a motion to approve Resolution 2097. [11:37] **Council Member Merle:** So moved. **Council Member Bill:** Second. **Mayor Robinson:** Motion by Merle, second by Bill. All those in favor? (Aye). Opposed? (None). Carries. Thank you. At this time we'll move on to the consent agenda. Items on this area of the agenda may be adopted or they may be removed and placed on the business area of the agenda for discussion purposes. For those folks at home, I'll read the consent agenda. Item A is the just and correct claims for accounting period ending August 28, 2014. Item B are the meeting minutes for August 19, 2014. Item C is the fire department relief association pensions increase request. Item D, Resolution 2094, approving a public auction or auction to adjacent owners on tax-forfeited non-conservation land. Item E, Resolution 2095, adopting the preliminary tax levy and budget collectible in 2015 and setting a public meeting date. Item F, Resolution 2096, accepting a monetary donation to the police department from Lynn Carpenter. Are there any items anybody wishes to bring down? [13:00] **Council Member Bill:** Item D. **Council Member Leroy:** A, F, and E. **Mayor Robinson:** Item D will become Item 8B. Item A will become 8D. Item E is going to become Item 8C. And Item F will become Item 8E. So with the removal of items A, D, E, and F, the chair will take a motion to approve the consent agenda. [13:12] **Council Member Merle:** I'll move. **Council Member Bill:** Second. **Mayor Robinson:** Motion by Merle, second by Bill. All those in favor? (Aye). Opposed? (None). Moves us on to Item 8 this evening: Council Business. Ambulance Personnel recommendations. Ron? [13:59] **Ron Johnson (City Administrator):** Thank you. This is what's being brought forward to you tonight as a result of the Personnel Committee's recommendation from the August 19th meeting. Brenda VonSchleich has been serving as Director for many years and is desiring to step down as Director and fill the paramedic position that's vacant. The committee talked about it and the recommendations are included in your packet to approve the reassignment of Brenda from Ambulance Director to Paramedic, effective upon a to-be-determined date—whether Council directs an interim director to be put on board or whether we wait until a full director be placed on board, she would still remain in the directorship position until either date. And then also the recommendation to authorize me to negotiate for an interim Ambulance Director and then authorize the advertising for an Ambulance Director. I think it should be emphasized that the committee really thanked Brenda for her years of service; they knew it was a tough decision to step aside and wished her the best in her new position. Kudos to you, Brenda. [15:29] **Ron Johnson (City Administrator):** And then there was also the requested action to authorize interviewing from the existing pool for another full-time paramedic. We had approximately a half-dozen applications for the paramedic position that Brenda applied for as well. One of the reasons for that is with the new hospital here, we are already down a paramedic as it is. With the runs that the ambulances make from the hospital to either Mayo or to Regions or other transfers, if we don't have the paramedics on board to fill those slots, then our ambulances can't make that run. That means a loss of revenue. We don't want to go to Randolph or other services to get the business out of our town and our hospital. [17:01] **Mayor Robinson:** It certainly was the long-range plan to add a fourth paramedic. We originally were planning on it early to mid-next year, but as long as we're making these changes this evening, it makes more sense to do it now with the existing pool of applicants that we have. Also, I'd like to personally thank Brenda for all her years of service as an Ambulance Director and hopefully tonight you will be granted your wish to become a paramedic on our force. I hope the rest of the Council will be willing to approve the actions that the Personnel Committee suggested. We will do the motions step by step so we get it straight. Any other discussion before we go for motions? [18:34] **Mayor Robinson:** Okay, so Motion One is to approve the reassignment of Brenda VonSchleich from Ambulance Director to Paramedic at Grade 9, Step 7, effective upon a to-be-determined date. **Council Member Bill:** I'll make that motion. **Council Member Merle:** I'll second. **Mayor Robinson:** Motion by Bill, second by Merle. All those in favor? (Aye). Opposed? (None). Carries. Item Two: Authorize the City Administrator Johnson to negotiate on behalf of the city for an interim Ambulance Director for Council approval on 9/16. Is there any discussion on an interim director? Do you have anybody in mind, Ron? [19:21] **Ron Johnson (City Administrator):** I do. It was actually a person that we'd offered a directorship position to in Lake City—the shared firefighter/paramedic from Red Wing. I think we could probably work something out, at least worth exploring and asking if he'd be interested in the short term. **Mayor Robinson:** Is there any other further discussion? If not, the chair will take a motion. **Council Member Bill:** So moved. **Council Member Merle:** Second. **Mayor Robinson:** Motion by Bill, second by Merle. All in favor? (Aye). Item Three: Authorize advertising for a permanent Ambulance Director. **Council Member Bill:** I'll make a motion. **Council Member Merle:** Second. **Mayor Robinson:** Motion by Bill, second by Merle. All those in favor? (Aye). Carries. Item Four: Authorizing the task force of Ambulance Director VonSchleich, Police Chief McCormick, and Administrator Johnson to interview from the existing pool and provide a recommendation to hire at a future council meeting. **Council Member Bill:** So moved. **Council Member Merle:** Second. **Mayor Robinson:** Motion by Bill, second by Merle. All in favor? (Aye). Carries. Thanks Brenda for all your hard work. [20:58] **Mayor Robinson:** All right, at this time we'll move on to Item 8B, which is Resolution 2094 approving a public auction of tax-forfeited non-conservation land. **Council Member Bill:** My question is, I thought the state owned some of this land or what? We're going by here is a letter from Goodhue County. [21:45] **Ron Johnson (City Administrator):** Right. There are two parcels there that they are saying are up for non-payment of property taxes. Both are non-conservation land. This is what they're asking you to consider. There was some confusion a few years ago when the state did buy the land adjacent to the Subway store, and some thought at that time that included this parcel in back of Subway and the First Farmers and Merchants. [22:31] **Council Member Bill:** Yeah, because when we were talking about the interchange a couple years back, when they were purchasing land, they talked about having to go in there and clean up that area. That brings up the question that the state has already purchased that. We were under the presumption that they had already done that because they're the ones that brought up they'd have to go in and clean it up. [23:19] **Greg (Staff):** Just for clarification, there are two different pieces of property. The part that they bought for the highway project, they still own. This is north of that. **Council Member Bill:** And Greg, I guess I would ask you this question: that parcel there north of the Subway and south of First Farmers, can that be used for anything? **Greg:** I don't think so. I'm under the impression that’s all in a waterway, so it would not be buildable in my opinion. [23:46] **Mayor Robinson:** Because if that's the case, then yeah, we should let the county worry about it. We'd have to have a defined public use for it, right? We didn't see as staff that there were any that would fit. **Council Member Bill:** And in addition to that second piece of property by Cedar Hills, that’s also not a buildable lot, is that what you think? **Greg:** That's an existing platted single-family lot with some challenging development, that's the way to put it. But we didn't see it as a public purpose. [24:32] **Chief Jeff McCormick:** Mr. Mayor, just in answering your question, Bill, on the parcel behind the Subway: we have had some issues when we've experienced high water as far as water coming through there and flooding out that area. I would agree that development would take a lot to get it to that point. I don't know if it would have a public purpose, but as the county takes that property we want to keep an eye on it so we don't see something go in there that we're going to have problems with later from the Emergency Management side. [25:18] **Council Member Leroy:** The only thing, Robbie [Mayor Robinson], I would point out is the original septic system was put in back there from Hardee’s when that was originally built. Make sure whatever we do that somebody takes care of that and we aren't liable. I don't know that it's ever been taken out of there, it's just disconnected. **Mayor Robinson:** Thank you. At this time then the chair will take a motion to approve Resolution 2094 approving public auction by Goodhue County. [25:55] **Council Member Merle:** I'll move. **Council Member Bill:** Second. **Mayor Robinson:** Motion by Merle, second by Bill. All those in favor? (Aye). Carries. That moves us on to Item 8C: Resolution 2095 adopting the preliminary tax levy and budget collectible in 2015. [26:40] **Council Member Leroy:** The question I had on there looking over the budget is: I know the EDA has quite a shortage in their belts. Is that something that's going into the budget this year, or does that just stay that way? How does that work with our budget stuff? [27:27] **Ron Johnson (City Administrator):** Well, there's a certain amount in here for EDA, but I know Dave and I have had some discussions as far as in the future as to how to look at the revenues. But nothing's come to Council yet; it's status quo from last year's budget for the EDA. [28:12] **Council Member Leroy:** I think there's a negative of something like 72 percent? **Ron Johnson (City Administrator):** The most recent budget report you received probably shows that because the first half of the tax levy has not been credited to those funds yet. We get that in July. So you will see the levy that was approved last year given to that fund. It's not as bad as it looks; it will balance itself out. [28:58] **Council Member Leroy:** The other thing I was wondering about looking at the budget... I was kind of concerned about when you look over the Park Department stuff— **Mayor Robinson:** I'll get on to that on the next one. But regarding this: this is the preliminary budget that we have to submit to the state. We're looking at 8.2 percent. Before we approve it, we need to look at it and say, do we want to start at 8.2? What's our goal? 8.2 percent definitely is not where we want to be. People's salaries haven't gone up. We still need to look at where we want the city to be. Should we lower this now or pass it at 8.2 and look at pulling things out later? [30:29] **Ron Johnson (City Administrator):** Well, something I want to mention every year is when we set a preliminary levy, a lot of times the public misconstrues that as their taxes are going up by 8.2 percent. We want to make sure they understand this is not the final levy, which we will decide in December. This is the absolute highest we can go. **Mayor Robinson:** Our hope is certainly to get it lower. **Ron Johnson (City Administrator):** Taking off of what Council Member Duncan just said too: we can't set it any higher in December, we can only set it lower. The other factor is the tax capacity, and we don't have those numbers from Goodhue County yet. [31:15] **Council Member Leroy:** I think we should probably look at a target. Because even 5 percent is unacceptable at this point to try to raise the levy unless we have something catastrophic. I don't think many citizens can afford it. **Mayor Robinson:** I would assume, Ron, that we would probably have a work session before the final budget is adopted? **Ron Johnson (City Administrator):** Yeah, and we'll be doing some work as department heads too. **Mayor Robinson:** I think we might have to have more than one work session. Okay, I got a motion by Leroy— [32:40] **Council Member Leroy:** I'll make a motion. **Council Member Bill:** I'll second. **Mayor Robinson:** Motion by Leroy, second by Bill to approve Resolution 2095. All those in favor? (Aye). Opposed? (None). Carries. That moves us into Item 8D, which is adjusting correct claims. Leroy? [33:27] **Council Member Leroy:** On that one, I see from Excel in July for the library it was 768 dollars. I was just wondering what that was about. Electric bill couldn't have been that high. The other one was on page three: Hawkins Inc, chemicals for 5669 dollars. I was wondering if that was salt or something for Public Works. **Ron Johnson (City Administrator):** That sounds like chemical at the plant, but we'll check on that for you. **Mayor Robinson:** I think it was the foam in there. That stuff they had to put in to try to get rid of it. [34:15] **Council Member Leroy:** Okay. I'll make a motion to approve. **Council Member Bill:** Second. **Mayor Robinson:** Motion by Leroy, second by Bill. All in favor? (Aye). Moves us on to Item 8E: resolution to accept a monetary donation to the Police Department. [35:01] **Council Member Leroy:** I just wanted to comment on that because I wanted to thank Mr. Carpenter and his family for his years of service on the Council and for the donation. The only thing I would add: if there's any way we could get a little plaque made up and put on that lamp recognizing his service? **Mayor Robinson:** I think there'd be something we can do with that. Chair will take a motion to approve Resolution 2096. **Council Member Bill:** So moved. **Council Member Jay:** Second. **Mayor Robinson:** Motion by Bill, second by Jay. All in favor? (Aye). Carries. Reports? [35:48] **Rick (Public Works):** I filled in the five or six holes from the water service connections. The contractor has to be all done by next Friday, which I think they'll easily do. There's a possibility they'll be done before that with all the blacktop and the curb. [36:36] **Chief Jeff McCormick:** Well, believe it or not, the first day of school has wrapped up. I just want to remind people they will see more kids standing outside waiting for buses or riding their bikes. Parents dropping off at the elementary: please be extra careful. Don't park your car in the lane there, it backs up traffic. We're going to have officers up there to make sure the school year gets off to a smooth start. That's all I have. [37:21] **Council Member Merle:** I have nothing, just what Merle said... I mean, thank you Brenda for all you have done. **Council Member Leroy:** Ron, that email we got—does that mean the right-hand turn lanes are dead in the water or what are we doing here? **Ron Johnson (City Administrator):** The study that you authorized SEH to do jointly with MnDOT is still in process. They did pull out the blacktop today, but the study's still in place. [38:09] **Council Member Leroy:** So there's a possibility we could still get that back later if the study says so? And the other thing is Brenda knows how I feel—her years of service have been phenomenal. Very much appreciated, Brenda, and wish you the best whichever direction you go. [38:55] **Council Member Jay:** Thank you, Brenda, for all your years. I appreciate working with you through the towing and now everything. Real fun. Another thing: I mentioned about cleaning up the brush in the alley between First and Second Street. I was curious if they did anything with that? They're having difficulty coming out of the alley being visible. **Mayor Robinson:** I'll check with them. **Council Member Leroy:** I'm sorry—the painting down there behind Freeborn Manor? That still hasn't been done either. [39:42] **Ron Johnson (City Administrator):** I know Tom sent me an email that it has been ordered; the vendor will fit it in. I'm assuming it's connected to the recent rain, but I'll remind him. [40:29] **Mayor Robinson:** I also want to thank Brenda. You've done a great job and people in the city are very thankful to you. One question about the library: they were out there today on the south side saying it still isn't fixed. **Ron Johnson (City Administrator):** What they did today was testing windows to make sure there's not infiltration coming in through there. AET is still trying to find the source. **Mayor Robinson:** Brenda, thanks. I know you'll still do a great job as a paramedic. This has been your life's work. The interchange is open—people have to get used to the roundabouts. They're the thing of the future. Congratulations to the Bomber football team for winning their first game the other night, and the volleyball team beat Red Wing too. Hope they all have a good year. At this time, I'll take a motion to adjourn. **Council Member Merle:** So moved. **Council Member Bill:** Second.