City Council Meeting - 10/1/24

The City Council regularly meets on 1st and 3rd Tuesdays at 6:30 p.m. at City Hall. Agendas and minutes are available on the city website at cannonfallsmn.gov

This transcript appears to be from a **Cannon Falls City Council** meeting. Please note that while your provided list includes **Jon Radermacher** as City Administrator, the Mayor repeatedly addresses the individual presenting the budget and ordinance as "**Neil**" (likely Neil Jensen, who served in that role). I have labeled him accordingly to match the audio context. Additionally, several names mentioned in the roll call (Guesmi, Grot, Lindell) are not on your provided list but are clearly acting as Council Members; they have been labeled as such. *** [0:28] **(Introductory Audio)** [1:28] **Mayor Matt Montgomery:** 13 seconds call to order city council meeting for Tuesday October 1st, 2024. If I could get a roll call please? [1:36] **Sara Peer (City Clerk):** Guesmi? **Council Member Guesmi:** Here. **Sara Peer (City Clerk):** Grot? **Council Member Grot:** Here. **Sara Peer (City Clerk):** Jeppesen? **Mayor Matt Montgomery:** Absent. **Sara Peer (City Clerk):** Johnson? Oh, she on there? **Mayor Matt Montgomery:** Absent. Oh, zooming. **Sara Peer (City Clerk):** Croninberger? **Council Member Laura Kronenberger:** Here. **Sara Peer (City Clerk):** Lindell? **Council Member Lindell:** Here. **Sara Peer (City Clerk):** Montgomery? **Mayor Matt Montgomery:** Here. Please rise for the Pledge of Allegiance. 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. [2:18] **Mayor Matt Montgomery:** If I could get an approval for tonight's agenda? **Council Member Lindell:** So moved. **Mayor Matt Montgomery:** Motion from Lindell. A second? **Council Member Lisa Zimmerman:** Second. **Mayor Matt Montgomery:** Second from Lisa. Do we need to do a roll call with Diane? We'll do a roll call vote then. Motion by Lindell, second by Lisa. **Sara Peer (City Clerk):** Guesmi? **Council Member Guesmi:** Aye. **Sara Peer (City Clerk):** Grot? **Council Member Grot:** Aye. **Sara Peer (City Clerk):** Jeppesen? **Mayor Matt Montgomery:** Absent. **Sara Peer (City Clerk):** Johnson? (She's on mute.) Your mic is on mute, Diane. You're muted if you can hear us. **Sara Peer (City Clerk):** Croninberger? **Council Member Laura Kronenberger:** Aye. **Sara Peer (City Clerk):** Lindell? **Council Member Lindell:** Aye. **Mayor Matt Montgomery:** Passes, approved. [3:04] **Mayor Matt Montgomery:** Gets us to public input. Public input is intended to afford the public an opportunity to address concerns to the city council. The public input will be no longer than 30 minutes in total length and each speaker will have no more than 3 minutes to speak. Speakers may address topics relevant to the governance of the city. Speakers must sign up in advance and must provide their name, address, and the topic they intend to address. Comments must be on topic, respectful, pertinent, and clear to City business and adhere to the applicable data privacy rules. Any speaker that violates these rules will be asked to sit down. If the speaker refuses to comply, they may be removed from the meeting. Speakers shall not address topics that are the subject of a public hearing; all such matter shall be made at the public hearing. The city council will not generally act on issues raised by the public input but may choose to schedule consideration of the item on a future agenda. First up tonight—I'm going to get it right—Kurt Beisel? There we go. Racetrack. [3:51] **Kurt Beisel (Resident):** Racetrack, yep. Again, thank you Council for allowing me to speak with you this evening. Again, considering the racetrack—over the past nearly two years, the city and the fair board have been trying to decipher if the fairboard is actually a county fair and whether it holds a status as an Agricultural Society. During the May 3rd council meeting in 2023, the City attorney had mentioned that this was difficult to answer and would require further clarification. Without providing proof of its legal status and without official approval from the city, the fairboard decided to continue building a racetrack on the West Side within city limits. I stand here this evening speaking on behalf of the many residents of Cannon Falls who have been adversely affected by the development of a racetrack within our town. We'd like to thank Derrick Lindell, along with the rest of the city council, for keeping this difficult issue at the forefront. Fighting to keep a racetrack within City Limits this day and age, with specific statutes having been passed by the MPCA to help avoid such issues, is incomprehensible. We believe in due process and we fully support the city council in their efforts to hold the fairboard accountable and for the racetrack to be shut down permanently. We stand for the right for enjoyment of our own properties. We stand for the protection of our homes and we stand for the future growth of our community. Thank you. [5:21] **Mayor Matt Montgomery:** Thanks, Kurt. Gary Johnson up next, also at the racetrack. [5:36] **Gary Johnson (Resident):** Pretty hard to top that, so I'm just going to go with that. But I disapprove the racetrack—the noise levels and stuff. It doesn't seem like anything's getting done; they're kicking things back and forth. You can't get an answer from anybody why they're doubling—it's exceeding the level, PCA's level, and nothing gets done. Nobody punishes anybody for it, they just keep doing it. Why isn't somebody stepping in and doing it? And the state has offered decibel meters to the city and nobody has gone up to pick them up for some reason. I guess that's all I got to say. Thank you. [6:21] **Mayor Matt Montgomery:** Thanks, Gary. Next up, Bill O'Gorman. [6:24] **Bill O'Gorman (Resident):** Good evening. I sent you all an email back in July concerning Keller Baartman. What I'd like to say is it looks really nice out there. I mean, I'm still not a fan of a big apartment complex like that, but that's probably just the way I am. But it's well put together. There were many, many problems—I cited them in that email. There continues to be a couple that I think should be addressed, and this body has discussed—and even Derek brought it up—about following ordinances, and the city council must see to it that they are. This developer installed public improvements; it has not been presented to the council or accepted by the council in order for it to become public property. It must be done by resolution and it hasn't not been brought forth to this body. Parking—there's still people that are paying for parking and there is a city ordinance that says that in multiple dwellings like this, you cannot charge for parking, but they are. Nobody seems to address that and I know of people that are still paying that. The landscape plan that was brought before this body and approved has not been fulfilled according to plan. And they did have a banner up on the side of the building; it just came down here this weekend, I think, but it sat there all spring and all summer. It's got a 15-day shelf life on that license and I don't believe there ever was a license. So my question is: why does the city choose to make some comply with the law while others get a free pass? Thank you for your time. [9:02] **Mayor Matt Montgomery:** Thank you. That gets us on to the public hearing tonight. We have the introduction and first reading of ordinance 406, an ordinance amending city code title 3 relating to fees, charges, and rates. Neil, if you want to go through what's all included in ordinance 406? [9:16] **Neil (City Administrator):** Sure. Everything that we discussed during the budget process—the 4% increase in sanitary water and storm fees have been included in this. We also discussed a 10% reduction in the on-sale licenses; that was included. We added a sexually oriented business fee of $2,500; that seemed to be typical throughout the, as I call it, the "loop area" towns. There was a few police items that we just clarified—no increases in fees. So I think that's all what we really adjusted. Last year we adjusted all the pool and park fees that the Park and Public Works talked about and they all went up—they hadn't been pushed up for a long time. So we increased them last year and they seem to be okay for this year. So with it, you got, like I said, a 4% increase in water and sewer rates, 10% reduction in on-sale liquor licenses, and then a fee for sexually oriented business. [10:16] **Mayor Matt Montgomery:** Any discussion or questions from the council? [10:18] **Council Member Lisa Zimmerman:** Is that in appendix A? Is that reflecting a 10%? **Neil (City Administrator):** Correct. **Council Member Lisa Zimmerman:** Okay, at least you put it in there right. [10:25] **Mayor Matt Montgomery:** Anything else from the council? **Council Member:** I really like that we took another look at this and that we're doing that gesture to the businesses with the liquor license. We know that the number is not huge, but it's at least the gesture to those local businesses. [10:48] **Mayor Matt Montgomery:** Um, any other questions or comments? If not, I would entertain a motion to—oh, that's right, public hearing. Sorry. The public hearing is open. If anybody would like to come up to the mic and speak about the ordinance 406 amending our city code title three relating to fees, charges and rates. Mr. O'Gorman? [11:21] **Bill O'Gorman (Resident):** Thank you. Neil brought up about the sexually oriented business fee; that's been kicked around here for three years and now it finally showed up on the fee schedule. What is not on the fee schedule is the background check, and it specifically talks about it in ordinance 120.5 B. So there is no fee for a background check and I think there's supposed to be. Massage therapists have a background check and a fee to it, so I don't know why the sexually oriented business would not have [one], but it's missing. There's sign fees on there, but there is not a banner fee. That banner that I talked about at Keller Baartman had a 15-day shelf life. Banners do require a license. Banners, pennants, and similar devices shall require a license, Ordinance 52.3. I don't see it on the fee schedule. Thank you for your time. [12:56] **Mayor Matt Montgomery:** Thank you. Public hearing still open if anybody would like to step up. Second call if anybody would like to step up and talk about the fees. Third and final call here for the public hearing. All right, public hearing is closed. The points that were made by Mr. O'Gorman—is that anything that needs to be addressed? [13:20] **Neil (City Administrator):** If the word "background check" is put on that line for the sexual oriented license... if that's a necessity, we'll look into it. [13:28] **Mayor Matt Montgomery:** Okay. Any other questions, comments from the council? **Council Member:** So can we vote on it as stated, or do we gotta address those concerns first? Or can we vote on it as is and make an amendment at a later date? **Neil (City Administrator):** We can do that. The reason we have it on in October is because of the 10% reduction in on-sale liquor license. If we don't get that done, there won't be a 10% reduction because we have to send out the applications. **Mayor Matt Montgomery:** So we can pass it as is and then take a look at those points that were brought up, and if there's an amendment that needs to be changed at a later date, we can vote on that separately. Does that sound okay to the council? **Council Member Laura Kronenberger:** Well, couldn't we just add it? I mean, we have "Initial Massage Therapist Application Background Check." Because we did a public hearing, then you can't—you'd have to do another public hearing? Couldn't we just add "Background Check: Sexually Oriented Business Background Check: $100"? What's the $2,500 for? **Neil (City Administrator):** That's the license. That's not for the background check. **Sara Peer (City Clerk):** I don't know... seems like when you have a license, it's more [like] the liquor license, right? Which has a set minimum but it can increase depending upon if you're, you know, having to do multiple state research and that type of stuff. Just my suggestion would be to look at that as your wording for sexually oriented business as opposed to a massage license. **Council Member Laura Kronenberger:** Okay. And don't we do a background check on new liquor licenses? **Sara Peer (City Clerk):** Yeah, all new. Well, in fact, renewals also get them too, right? And there's no fee for that, but I don't know why it couldn't be [included]. **Neil (City Administrator):** $2,500—and that's included in that. **Sara Peer (City Clerk):** I believe there is a background fee on the liquor. I'd have to look at the ordinance, but I think there is. [15:29] **Mayor Matt Montgomery:** Okay. Anything else from the council? If not, I'd entertain a motion to approve ordinance 406, the ordinance amending city code title three relating to fees, charges, rates. **Council Member Lisa Zimmerman:** Moved. **Mayor Matt Montgomery:** Motion from Lisa. Second? **Council Member Grot:** Second. **Mayor Matt Montgomery:** Second from [Grot/Steve]. We'll do a roll call vote. **Sara Peer (City Clerk):** Guesmi? **Council Member Guesmi:** Aye. **Sara Peer (City Clerk):** Grot? **Council Member Grot:** Aye. **Sara Peer (City Clerk):** Jeppesen? **Mayor Matt Montgomery:** Absent. **Sara Peer (City Clerk):** Johnson? (Absent). Croninberger? **Council Member Laura Kronenberger:** Aye. **Sara Peer (City Clerk):** Lindell? **Council Member Lindell:** Aye. **Mayor Matt Montgomery:** Approved. I think we made it. [16:01] **Mayor Matt Montgomery:** All right, gets us to consent agenda. Consent agenda items may be adopted under one motion as presented or may be removed for discussion and resolution as Council business. Item A: Just and correct claims for the accounting period ending on September 24th, 2024. Item B: Meeting minutes for September 17th, 2024, the city council meeting. And Item C: Approve Goodhue County agreement for cannabis retail sales. Is there anything the council would like to pull down for further discussion? Hearing none, I would entertain a motion to approve tonight's consent agenda. **Council Member Lindell:** So moved. **Mayor Matt Montgomery:** Motion from Lindell. Second? **Council Member Laura Kronenberger:** Second. **Mayor Matt Montgomery:** Second from Kronenberger. Any further discussion? We'll take a roll call vote. **Sara Peer (City Clerk):** Guesmi? **Council Member Guesmi:** Aye. **Sara Peer (City Clerk):** Grot? **Council Member Grot:** Aye. **Sara Peer (City Clerk):** Jeppesen? **Mayor Matt Montgomery:** Is absent. **Sara Peer (City Clerk):** Johnson? (Absent). Croninberger? **Council Member Laura Kronenberger:** Aye. **Sara Peer (City Clerk):** Lindell? **Council Member Lindell:** Aye. **Mayor Matt Montgomery:** Passes. [17:03] **Mayor Matt Montgomery:** All right, gets us to reports. Anything? Joint Powers Trail Board? **Council Member Laura Kronenberger:** You gave us some literature here tonight. Yeah, um, they have the annual reports. I gave them to everybody up here; there's more if anybody is interested. They have said the county had come in and re-analyzed the bridges, and there are some bridges that are in desperate need of repair. So we're working on that, figuring out which need to be done first. Some of them they felt were bad enough that they don't even want the trail board or the trail employees driving over them anymore. **Mayor Matt Montgomery:** Oh. **Council Member Laura Kronenberger:** So yeah, so that's a priority obviously. And then they also did the grant to address the erosion of the side of marker 14. The bank is eroding, so they're—we're waiting for that to come back. That's like a million-dollar project; that's a big one. Um, that's it. [18:29] **Mayor Matt Montgomery:** All right. We'll go around the horn. Jed, Public Works, anything? **Jed Petersen (Public Works Director):** Um, first off is next week the utilities are going to start hydrant flushing. So this can stir up and cause yellow water a little bit as we flush the hydrants. Just giving everybody heads up that we are flushing. I know that Laura posted it on Facebook and we try to get the word out—just yeah, it may tint your water a little bit yellow for a day or two. Um, we're making headway with John Birch Park; the wall got stained. First base is going to get concrete poured on the roof and on the floor this week. Third base dugout is supposed to get the back steps and landing poured—I thought it was this week, maybe not. But yeah, we're moving along. They were able to pull stuff off the infield so that we can get the grass to grow so everything will be ready for next season. Third Street and Cannon—we got asphalt, they poured the driveway approaches today and they got some final grading and some punchlist items and it seems like we're moving along, thank goodness. So the Third Street Bridge—I've got a few questions on why they haven't opened it yet. When they first started working on it this spring, they had a couple close calls with people driving pretty fast through there, so they'd like to keep it closed until they are out of there, just for safety concerns. Hardwood Estates—we got power has been put in and small utilities are going in. They're doing the final grading, getting black dirt all over everything. They paved 72nd Avenue; they will pave the turn lane Thursday. And yeah, and it should be ready for people to start building and moving in. Awesome. And that is it. Thank you. [20:43] **Mayor Matt Montgomery:** All right, thank you Jed. Laura? **Laura Qualey (Community & Business Development Specialist):** Um, I will also speak to Hardwood Estates, just a little update. We have closed on six lots so far. There's two models that are up—Fieldstone Family Homes. They were on the Parade of Homes and they were very happy with the traffic, actually overjoyed, I would say, with the amount of traffic that they had from Fridays through Sundays, and then also during the week they had people coming through. We do have one of the single-family homes from a private party under construction, and then the first set of townhomes will be breaking ground probably this month. And then we still have four lots under contract and three of those will close this month, so we've got some good activity happening there. You stole my thunder about the paving, but I'll let you have that, Jed. Um, let's see. And then just shifting toward the Fire Department: last week we got two awards from grants. One was a $4,000 grant from Compeer Financial for emergency rural services equipment; so that'll be used to purchase two multi-gas sensors that they'll be replacing. They have some older ones, so this will replace those two. So that was a $4,000 grant. And then on Friday, we were awarded $50,000 for new radios because they need to upgrade their radios so that they'll be compatible with the other public services and/or safety patrol and whatnot. But sadly, $50,000 will get them eight. It's about almost half a million dollars to replace all of their radios, but we got something. So their intent is to get the ones that will be in all of the rigs to start with, and then we'll chip away at other grant opportunities so that they have the handheld ones. And yeah, so we asked for 70,000 and we got 50, but there was—I'm trying to think of how many... I have the letter here. The state had 170 entities apply with $23 million in requested grant funds, and their initial estimate was to give $40,000 to those that applied, and I'm like, "That's not going to go very far." So the fact that we got 50,000 was great. But I believe that is all I have. [23:10] **Mayor Matt Montgomery:** All right, thank you Laura. Chief? **Jeff McCormick (Police Chief):** The only thing I had was we received notice from the Peace Officers and Standards and Training Board. They conducted an audit this summer and we were in compliance with all the training and policy requirements that they have, and they sent us a letter to let us know. Just wanted to pass that on. **Mayor Matt Montgomery:** Awesome, thank you Chief. Sarah? **Sara Peer (City Clerk):** Nothing. **Mayor Matt Montgomery:** Neil? **Neil (City Administrator):** Next Wednesday we have a work session; everybody keep that on your calendar to be there at 6 o'clock. Um, I want to address the Keller Baartman public improvements—we haven't finalized that yet because it's not done. There's a couple left on the punch list. So we're on it, we got it, don't worry. We'll get her. [24:02] **Mayor Matt Montgomery:** All right. All right, Laura? **Council Member Laura Kronenberger:** Oh, sorry, I thought you... I was thinking Laura Qualey. I was making sure that the work session's on my phone; I don't want to get a text from Neil. **Mayor Matt Montgomery:** I thought I got a head nod that you were like—and then it's like, "Okay, no, it's all good." **Council Member Laura Kronenberger:** I'm good, thank you. **Mayor Matt Montgomery:** All right. Lisa? **Council Member Lisa Zimmerman:** No, nothing for me. **Mayor Matt Montgomery:** Derek? Steve? **Council Member Lindell:** No. [24:46] **Mayor Matt Montgomery:** I got two quick things. Um, or Diane? We haven't been able to hear you. I would go to you but we can't hear you. We can see you. All right. Okay. Um, I'll try to be quick. This Saturday, October 5th, at the Fire Hall I think is the benefit breakfast for Jonathan Althoff, who is the son of our former public work director and fire chief, Mike Althoff. I believe he was diagnosed with leukemia here recently, so strongly encourage anybody who has the time and the ability to go there and support a local family that's done a lot for our community. And along those lines, former Mayor Althoff passed recently, and between the last time that I was here at Council to see you, there was the service and there were some extremely kind words spoken from his sons, Mitch and Mike. And the stories that were told—it was definitely a celebration of life. And I just remember that when he was mayor and I was sitting over there, every meeting he would say—instead of "meeting minutes"—he'd say "minute meetings." And Derek and I would make eye contact and kind of chuckle a little bit, and we never corrected him. So I don't know what the reason was or if it was just that tick, but I remember him with fondness. I thought that he did an amazing job as mayor and I hope that we as Council are just continuing on that vision for our community. So that's all I got. So I would entertain a motion to adjourn. **Council Member:** Can I speak again or not? **Mayor Matt Montgomery:** We're just gonna end the meeting. **Council Member Laura Kronenberger:** Moved. **Mayor Matt Montgomery:** Moved, Laura. And then a second from Derek. All those in favor? **Council Members:** Aye. **Mayor Matt Montgomery:** Opposed? We're adjourned. Thank you everybody.