This transcript appears to be from an October 6, 2020, meeting. Please note that while your provided list contains current officials, the transcript features the council and staff active in 2020 (notably **Neil Jensen** as City Administrator and a different set of Council Members including **Mary Jill Bringgold, Derek Duncan, Mike Giesme, Bill Lundell,** and **John Matson**). I have identified the speakers based on the roll call, the names addressed in the dialogue, and the department roles provided. *** [1:37] **Mayor Matt Montgomery:** Everybody like to call the uh city council meeting the october 6th study council meeting for the city of cannon falls to order. Can we have roll call please? [1:45] **City Clerk (Sara Peer):** Bringgold? **Mary Jill Bringgold:** Here. **City Clerk:** Duncan? **Derek Duncan:** Here. **City Clerk:** Giesme? **Mike Giesme:** Here. **City Clerk:** Lundell? **Bill Lundell:** Here. **City Clerk:** Matson? **John Matson:** Here. **City Clerk:** Montgomery? **Mayor Matt Montgomery:** He's up there. He's up there. He's there. Here. Would you rise for the pledge of allegiance? [2:05] **All:** 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. [2:25] **Mayor Matt Montgomery:** Okay, can i have a motion to approve the agenda? **Derek Duncan:** So moved. **Bill Lundell:** Second. **Mayor Matt Montgomery:** Motion by Duncan, second by Lundell to approve the agenda. Any discussion? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Okay, we'll get right into the consent agenda. Consent agenda items may be adopted under one motion as presented or may be removed for discussion and resolution as council business. For you at home and in the audience, i'll go through the consent agenda—bear with me, it's a long agenda. [3:13] **Mayor Matt Montgomery:** Item A: just incorrect claims for the accounting period ending september 20th, 2020. Item B: minute meetings for the september 15, 2020 city council meeting. Item C: compact truck loader trade. Item D: disposal of a 1984 GMC truck. Item E: resolution 2507 accepting a grant of five thousand dollars from the southern minnesota initiative foundation to the EDA. Item F: replacement roof on the vehicle building at the waste treatment plant. Item G: resolution 2508 designating polling places for 2021. [3:58] **Mayor Matt Montgomery:** Item H: resolution 2509 adopting the general election judges for 2020 and the special election judges for 2021 and setting the hourly wages. Item I: november city council meeting changes. Item J: city administrator six month review and step increase. Item K: resolution 2510 approving a variance for Kenneth Adams at 302 Regress Drive. Item L: resolution 2511 approving a conditional use permit for John and June Christensen at 103 West Dakota Street. [4:43] **Mayor Matt Montgomery:** Item M: approve a new tobacco license for Cannon Fuel. Item N: approve a temporary liquor license for the Cannon Valley Fair. Item O: approve a temporary liquor license for the VFW Post 4452. Item P: resolution 2512 accepting a donation of $1,531.41 from the United Way of Goodhue County to the library. and Item Q: disposal of a 2010 Horton ambulance. There you have it. Is there anything the council would like to pull down? [5:46] **Mike Giesme:** And there's a motion to approve the consent agenda. **Derek Duncan:** I'll second that. **Mayor Matt Montgomery:** There's been a motion by Giesme and a second by Duncan to approve the consent agenda. Any other discussion? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? That was Matt—okay, motion passes. Okay, we'll get right into council business. Item A is an RFP for legal services. I'll let you take that, Neil. [6:34] **Neil Jensen (City Administrator):** A few months ago we discussed uh RFP for legal services and the council decided to uh pursue the RFP. There's two parts to the legal services that we typically use: one is the civil services and one is the criminal services. I contacted Goodhue County for a quote on prosecution services; this is for the misdemeanor portion. There's felonies that they already do and then the juveniles that they already do. So the misdemeanors—the average cost over the last four years for prosecution services that we've paid is approximately thirty-six thousand dollars annually. [7:20] **Neil Jensen (City Administrator):** The quote in your packet from Goodhue County for prosecution services for 2021 and 2022 is for $14,430 and $14,718 for '21 and '22. That's a savings of approximately forty-two thousand dollars over the next two years. The finance committee reviewed this and made a recommendation to proceed with the contract for Goodhue County over the next two years. They typically do a three-year contract, but if we do this, they want to get on the same schedule as all the other cities that they represent. [8:05] **Neil Jensen (City Administrator):** So that's the one side of it. The other side of it is you'll find in your packet an RFP for civil services. We'll typically do the same process as we did with the engineering services and interview—send it out for a month, collect back the RFPs, do some interviews as we did and choose one after that. So what the staff is requesting and the finance committee's recommendation is to approve the Goodhue County contract for misdemeanor prosecution services and send the RFP out for civil services. [8:55] **Mayor Matt Montgomery:** Is there any discussion on that or a motion to do that? **Mary Jill Bringgold:** I'll make a motion that we accept this—that we go with the county for the criminal and look elsewhere with the civil RFP out for civil, yes. **Derek Duncan:** I'll second that. **Mayor Matt Montgomery:** Motion by Bringgold, second by Duncan. Is there any other discussion on that? I will say that I have reached out to all the attorneys in town and they are all interested in doing the civil end of it, so we'll see what happens there. Okay, all in favor of the motion? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Carried. [9:40] **Mayor Matt Montgomery:** Okay, item B. Item B, C, D, and E are first reading of these. Well, Item B is introduction first reading of Ordinance 370 which establishes a police commission. Neil, you want to just give us a little background? Maybe in all four of them? [10:26] **Neil Jensen (City Administrator):** We can start with the Ordinance 370 which is establishing a police commission. Once again, the finance committee reviewed actually all four of these ordinances and put together their thoughts. We had, I think, two meetings on it and we established some basic duties and memberships of all four of these ordinances. What we're looking to do today is to approve the police commission, the cable commission, the finance committee, and the public works commission. As you recall, before I got here—it was probably back in january—you guys did a goal setting and appointments meeting that brought these ordinances or commissions up. They weren't approved in the adoption of the code of ordinances back in 2014. [11:12] **Neil Jensen (City Administrator):** So what we're doing is we're just getting it upright and we're getting them so they meet code. This will be the last of them—we did the park board last meeting. If there's any questions on the police commission, you can see the duties: it's to hire and recommend the hire of the police chief and the officers, to assist the council in planning and research, take under advisement study and hold meetings and make recommendations to the city council on police and police-related matters. Item D: the commission shall not have jurisdiction over the employment, promotion, discharge, or suspension of police department employees. They'll serve at staggered three-year terms and they'll meet quarterly or as needed. [11:59] **Bill Lundell:** My one question: it says three-year terms, but what if you're only elected as a council member as a two-year seat? Would you continue serving for one more year or how would that work? **Neil Jensen (City Administrator):** Well, I guess maybe I can take a stab at that. Almost every year, the mayor makes appointments to each committee, so I don't think we'd run into that problem. Just take someone off. **Bill Lundell:** Okay, yeah. In january we usually go through necessary changes. [12:48] **Mike Giesme:** A question about D—the commission does not have jurisdiction over employment, promotion, discharge, or suspension. Who does? **Neil Jensen (City Administrator):** City Council. **Mayor Matt Montgomery:** Okay. Do you want a motion to move on to a second reading on each commission? Okay, a motion to—or any other discussion on the police commission? Then I'll take a motion to move it on for a second reading. **Bill Lundell:** I'll move to approve Ordinance number 370. **Mike Giesme:** Second. [13:37] **Mayor Matt Montgomery:** Motion by Bill [Lundell], second by Giesme to move the ordinance out for a second reading. Any discussion on that? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Carried. The next one is the Cable Commission. [14:23] **Neil Jensen (City Administrator):** Same thing, this is another one of the ordinances that we have to get updated. The cable commission—I did talk to Mike Giesme, he's a the long-time cable director. He was great help when I needed to put this together. The cable commission is five members total: one Cannon Falls resident, two members of the city council, cable director, and the city administrator. The cable commission duties are as follows: oversee and provide advisement to the cable department, be the liaison to the city council for current activities, oversee the cable franchise administration and renewals, make recommendations to the city council on department budget, personnel and equipment purchase, and they will meet as needed. [14:57] **Mayor Matt Montgomery:** Any discussion? Can I have a motion to pass the Cable Commission onto a second reading? **Mary Jill Bringgold:** I'll motion. **Derek Duncan:** Second. **Mayor Matt Montgomery:** Motion by Bringgold, second by Duncan to move it on for a second reading. Any other discussion? All in favor? **Council:** Aye. [15:50] **Neil Jensen (City Administrator):** Okay, Finance Committee. Finance committee was established back in january I believe, and what you see in front of you are the duties that were just pulled off the resolution that was approved back then. We just set these up so I carried them through and put them in ordinance form. We did reduce the membership from four to three. The membership shall include two members of the city council and the mayor. The finance committee will meet quarterly or as needed and they will review the annual budget, utility rates and charges, labor contracts, capital planning, infrastructure financing plans, tax levy and employee compensation, debt financing, professional services contracts, and other financial matters as may be referred by city council. [16:36] **Mayor Matt Montgomery:** Any discussion on that? The Finance Committee? Okay, could I have a motion to move Ordinance 372 Finance Committee onto a second reading? **Mike Giesme:** So moved. **Derek Duncan:** Second. **Mayor Matt Montgomery:** Motion by Giesme, second by Duncan to move the finance committee ordinance to a second reading. Any other discussion? All in favor? **Council:** Aye. [17:23] **Neil Jensen (City Administrator):** And last, Public Works. Same thing as the previous ordinances. This one will consist of three members: two members of the city council and one resident. The duties will oversee and make recommendations to the city council on projects in the streets, storm water, sewer, and water departments. The old public works commission had parks in there, but now we have a park board, so I removed that to have the park board take care of that. They'll make recommendations to the city council on the department budget, personnel and equipment purchases, and be in the advisory position to the city council. They shall meet monthly or as needed. [17:57] **Mayor Matt Montgomery:** Okay, is there a motion to move the public works commission Ordinance 373 to a second reading? **John Matson:** So moved. **Mary Jill Bringgold:** Second. **Mayor Matt Montgomery:** Motion by Matson and a second by Bringgold to move the public works commission onto a second reading. Any other discussion? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? I—pass is five to one. I think there was a delay. I think it was just a delay. **Bill Lundell:** I did not vote no. **Mayor Matt Montgomery:** Okay, it passes 6-0. [18:44] **Mayor Matt Montgomery:** Okay, Item F: the Third Street feasibility study. Neil, you want to start with that one? **Neil Jensen (City Administrator):** Sure. The Third Street bridge is going to be restored next year and on that bridge we have a six-inch cast iron water main wrapped in insulation. It's been there for a very, very long time. One of the things that we have been discussing is options to either bury that main under the river, or redo the water main on the bridge and have it re-insulated and new brackets built. Bill Angerman from WHKS is here to answer any questions. But in order to get started, we gotta do a couple of things and do a study. We don't know the depth of the bedrock under the river. [19:31] **Neil Jensen (City Administrator):** I know there was a gas line that was bored a year or so ago. They did get that bored under there. We were in contact with them and they didn't do any borings—it would have been nice if they would have done the borings, would have saved us a few bucks. But what this contract is going to do is study whether we should hang it off the bridge or install new brackets. The restoration of the bridge will actually pay for the insulation and the wrapping, but in talking with Bill Angerman our engineer, it looks like that's a six-inch hanging on there now—it probably should be an eight-inch. An eight-inch is twice as heavy as a six-inch and we don't think the brackets will make that weight limit. So I think the main goal is, if it's reasonable enough, to get the thing under the river and be done with it. But one of the things we have to do is get some borings done to make sure that we can get the boring through the sand and not hit bedrock. [21:03] **Neil Jensen (City Administrator):** So with that said, Bill is out here if you got questions for Bill. **Bill Lundell:** Neil, when we first started talking about this, I thought we got a grant or something to look into that? **Neil Jensen (City Administrator):** No. This was a few years ago now, but obviously you've never seen nothing on it. **Mike Giesme:** Okay, well I have a question for Bill [Angerman]. If you find that we would go under the river—which I agree is probably the better route—would you be drilling pretty close to where the gas line went under potentially? [21:49] **Bill Angerman (City Engineer):** That's one of the things we'll look at. At this point we don't actually know where the gas main is exactly. We know it's on the east side of the bridge, but we'll continue to work with Minnesota Energy to get their drawings and show where that is. **Mike Giesme:** I know that drilling worked pretty slick when they did that. **Bill Angerman (City Engineer):** I talked to the gas company and they actually bored a 14-inch hole under the river and it was nothing but sand. It was a very easy dig and you know they put an eight-inch gas line in there. I don't know if we can be so lucky, but we'll have to take soil borings. That is exactly the goal: get it off the bridge. [22:34] **Bill Angerman (City Engineer):** One of the things that Neil and I talked about also is that if we could not drill under, we'd have to consider a third option, which is just not putting it back on the bridge. One of the reasons is to double the size of the weight; there may be problems redoing those brackets and can the bridge actually support it. So we wanted to take first step before we went and analyzed the bridge. We want to proceed in a step-by-step fashion. **Bill Lundell:** So you're talking about putting it right alongside but not connected to the bridge? **Bill Angerman (City Engineer):** Well, the third option would be there just would not be a crossing at all—it would be eliminated. There's currently three crossings on the river: there's two 12-inch pipes and this six-inch pipe. If this six-inch pipe went away and we had two crossings, would that be adequate? It would be adequate, but it would not be ideal. We would like the third crossing basically as a backup to the other two. But if it came down to a large investment in redoing the bridge, we'd have to at least consider that and weigh the pros and the cons. [23:34] **Mayor Matt Montgomery:** Any other questions? Well I'd like to see a motion then to provide a feasibility study for the water main crossing. **John Matson:** Shall move. **Mary Jill Bringgold:** Second. **Mayor Matt Montgomery:** Motion by Matson and a second by Bringgold to reach an agreement with WHKS for a feasibility study on the water main crossing. Any other discussion? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Carried. Thank you, Bill. [24:16] **Mayor Matt Montgomery:** Okay, next item is S&S Investments property breach of contract. Laura, are you out there? **Laura Qualey (Community & Business Development Specialist):** Yes, I am. Hello. **Mayor Matt Montgomery:** You want to turn up your volume a little bit? **Laura Qualey:** Oh sure, is that better? I think it's at our end... **Mayor Matt Montgomery:** I think it's on our end. **Laura Qualey:** Is this better? **Mayor Matt Montgomery:** Yeah, if we listen we can barely hear you, but we listen. **Laura Qualey:** I have to shout. **Mayor Matt Montgomery:** No, you're okay now. That was okay. [24:59] **Laura Qualey (Community & Business Development Specialist):** Okay. So back in 2002, Scott Schultz of S&S Investment Properties had made a contract for deed with the City of Cannon Falls for two properties that were adjacent to his existing business, which was Robinson Outdoors at the time. Over that time, he's made his payments—sometimes needing a little nudge—but paid for the property in full. However, in late May of 2020, Dave Maroney, our former city administrator and EDA director, had received a letter from Schultz including the property tax statements for the two properties, and he basically said that he's paid for it in full and he would like to be reimbursed for that property—he doesn't want the properties anymore. [25:46] **Laura Qualey (Community & Business Development Specialist):** One of the parts of the contract for deed was he was supposed to be building a 30,000 square foot structure on those properties, which he never did. He had been keeping current on the property taxes as well up until 2020, which again was also part of the contract to keep the taxes current. So in July we'd reached out to Campbell Knutson, our attorney, and had them review the contract and the letter we received from Schultz and asked them to provide us with some options. [26:33] **Laura Qualey (Community & Business Development Specialist):** One of them would be to waive the construction requirement of the contract—the city would need to pay the 2020 taxes and we could transfer the deed to S&S Properties to be recorded. Option two would be to cancel the contract for deed for breach of contract for failure of not constructing and also not keeping the property taxes current. City would take the property back and we would pay the taxes going forward until we sold that property. The other option is to do nothing; property would go into default and most likely the county would take the property. We discussed this in our EDA meeting. Technically this is not an EDA property—this is city-owned property—and we did bring it to the finance committee to review this last week. Their recommendation was Option Number Two: to cancel the contract for breach of contract for failure of reconstruction and not paying the taxes, and to take the property back. So with that, i guess wondering if there's any questions. [28:07] **Mayor Matt Montgomery:** Action would be to lean on council to make a motion to either support that Option Number Two or have another recommendation. Any discussion on that? **Bill Lundell:** Was the sale contingent on him building a warehouse? **Laura Qualey:** That's correct. **Bill Lundell:** Did he get maybe a little better deal on the property because of that? And now he doesn't want the property, he thinks that we should buy it back and pay tax back? In my opinion he got a good deal on the land and it's clearly in the contract—he's in default of the contract by not building on it. [28:52] **Mike Giesme:** Unfortunately, as John here knows, when you get foreclosed on, you don't get your payments back from the bank. **John Matson:** You what? **Mike Giesme:** You don't. I know maybe you did, but it's not the way it works. **Bill Lundell:** Since he didn't pay the taxes in April and they're due now, we're responsible for the taxes or it'll go into foreclosure because it's under the city's name. **Mike Giesme:** I'm just gonna make a motion to accept Option Two, which is to cancel the contract for deed for breach of contract. **Mary Jill Bringgold:** I'll second. Pay the taxes. [30:11] **Mayor Matt Montgomery:** Okay, there's been a motion on the floor, Option Two to cancel the contract for deed, and a second by Bringgold. Is there any more discussion on that? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Carried. Okay, Item H is pool repairs. Neil, you want to take that one? [30:57] **Neil Jensen (City Administrator):** Sure. We've been working on the pool on and off for a couple of months now and staff has done a great job working on the splash pad and the main pool. As of last Friday, they have both of them up and operational. All the pipes have been fixed, the pumps have been repaired, and that is good to go for next summer. I got two pool restoration companies to take a look at the vessel in the pool. One of them was not interested—he was too busy. The other one, Northern Pool and Restoration, did send us a quote for $92,233. [31:43] **Neil Jensen (City Administrator):** With that said, they will do all the repairs, fix the cracks, epoxy paint the pool with two coats, and take off all the concrete that's loose. I asked him if they could make a 10-year repair out of it and he was pretty confident—he's not going to guarantee that, but the pool will probably need to be repainted somewhere in the 5 to 7 year range if it starts to look a little tacky. [32:29] **Neil Jensen (City Administrator):** How are we going to pay for that? Well this year, you know, we levied $69,000 to run the pool while the pool never opened, so that money is still in the account. We'll use that and some of our reserves. Now they did fix a pump—I don't have the dollar cost on the pump—but that's where most of the money for the repair will come from. And then that pool should be fully functional and able to be started up in june. They said they could get here by next week to do partial repairs. They won't paint it this year, but they'll get the cracks filled, etc. It was brought to the park board; they made a recommendation to go ahead. So now it's on to the city council. [34:05] **Bill Lundell:** I thought a lot of money, but it's going to get the job done. **Mayor Matt Montgomery:** Well most of it's already sitting there because we didn't spend it this year. **John Matson:** I'll make a motion, John, to go ahead. **Mayor Matt Montgomery:** Is there a second? I'll second. **Mayor Matt Montgomery:** Motion by Matson, second by Montgomery to approve the quote from Northern Pool Restoration for $92,233 for repairing and painting the main pool vessel. Any other discussion? All in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Motion carries. Okay, let's get into reports. Kyle, Chamber? [35:21] **Kyle Paulson (Chamber of Commerce Director):** Good evening city council members and the Cannon Falls community. I have exciting news that we will be holding the Halloween Trick or Treat Trot on Friday, October 30th from 3 to 5 PM. Right now we have 20 of our chamber members signed up to pass out candy. They are coming up with very unique ways of getting the candy to the children without having to touch it, such as tongs, money tubes, or a chute. [36:08] **Kyle Paulson:** All of the vendors will be wearing masks and gloves. We did expand it from a one-hour event to a two-hour event that will hopefully spread the crowd out, and we are going to be having the families traveling in one direction around the streets so we don't get congestion. It'll all go counterclockwise, and we are looking for volunteers to help us on those intersections. [36:54] **Kyle Paulson:** Of course, the Goodhue County grants... the United Way will have a deadline of October 14th. On Thursday, October 8th, Laura Qualey will be doing a Go-To meeting talking about that program. That deadline is October 31st. There is still a lot of money out there to be had. Then the other exciting news is our—where is it—we are going forward with Deck the Falls. It is scheduled for November 28th. The parade will begin at 5 PM. We will have the lighting of the tree, but no ceremony. There will be no drawings for prizes because we just can't have that crowd in the city parking lot. [38:26] **Kyle Paulson:** We will be doing the lighting of the tree followed by the fireworks. We are hoping the people stay in their vehicles to keep social distancing but still enjoy the fireworks. Are there any other questions? Thanks. [39:16] **Mayor Matt Montgomery:** Okay, Joint Powers Trail Board. Mary Jill or Matt, anything there? **Mary Jill Bringgold:** No. **Mayor Matt Montgomery:** Nothing for me either. Okay, Finance Committee, Mary Jill? **Mary Jill Bringgold:** Well, a lot of our handiwork was addressed tonight where we dealt with the committees and commissions that needed to be codified. And then of course we talked about the pool repairs along with the park board. I don't think there's a whole lot more to talk about. [40:01] **Mayor Matt Montgomery:** Park Board too, that's also on here. Matt, anything there? **Council Member/Mayor Matt Montgomery:** Mary Jill's right, the majority was talking about the pool, and I'm glad we were able to pass that tonight. It should be a good five to ten year fix. We're going to probably set a winter meeting here in november or early december and talk about looking forward with a long vision plan of improving our parks. Very good. Okay, let's go around the horn. Bill [Angerman], you have anything you want to add? **Bill Angerman (City Engineer):** No thanks. **Mayor Matt Montgomery:** Jeff [McCormick]? **Jeff McCormick (Police Chief):** Nothing. **Mayor Matt Montgomery:** Neil? **Neil Jensen (City Administrator):** Nothing. **Mayor Matt Montgomery:** Morris? **Morris [Staff]:** Nothing. **Mayor Matt Montgomery:** Mary Jill? **Mary Jill Bringgold:** Nothing. [40:47] **Bill Lundell:** Just one thing—Cannon Falls is officially starting to dig today for their facility out there in Industrial Park. I didn't get out to the big dig, but I drove by there after work and they're moving a lot of dirt out there. That'll be fun watching that. **Mayor Matt Montgomery:** Yeah, a few of us were out there for the groundbreaking. Derek, anything? **Derek Duncan:** Nope, nothing. **Mayor Matt Montgomery:** I don't have anything either. [41:37] **Mayor Matt Montgomery:** So we'll get right into public input. Citizens may speak to issues not on the agenda. Please give your name and address for the record and kindly limit your comments to three minutes. The city council will not take action on any issue raised by the public but may choose to schedule consideration of the item on a future agenda. [42:22] **Public Speaker (Citizen):** I had an issue at the library that I would like... I'll just jump right to the part where you may choose to schedule consideration of the item on a future agenda. It seems to me Option One is to have due process and Option Two would be due process. I don't know what—it was brought to the attention of the city hall. I talked to Ellen, she passed the message to Neil I believe, and Neil contacted the library director. Any questions? [43:10] **Mayor Matt Montgomery:** No. **Public Speaker (Citizen):** Will you be able to tell me if you chose to reschedule for a... **Mayor Matt Montgomery:** Well the answer is no, we won't choose now to schedule. **Public Speaker (Citizen):** No? **Mayor Matt Montgomery:** We don't know what you need. **Neil Jensen (City Administrator):** Neil knows well. **Mayor Matt Montgomery:** But we don't. I mean there's no way we can schedule anything—we don't know if you want an action to be taken. You just said due process; that's not a thing. **Public Speaker (Citizen):** I guess I'll have to make a letter or something in writing. They got a complaint form that I submit—would I be able to get that today or tomorrow? **Mayor Matt Montgomery:** Tomorrow. Okay. Public input? [44:16] **Mayor Matt Montgomery:** Public input, third and final call. Public input—hearing none, I'll take a motion to adjourn. Now, we have to do Number Nine don't we? We're going to adjourn this meeting—we're not adjourning. Move into a closed session. Okay, then we'll just take a 10-minute recess and clear the chambers and we'll move into closed session. Okay. [46:08] **Mayor Matt Montgomery:** Subject to the council's authority pursuant to Minnesota Statute 13D.05 subdivision two, parentheses B. Okay. Someone needs to second it. **Mike Giesme:** I'll make a motion to go to closed session. **Mary Jill Bringgold:** I'll second. **Mayor Matt Montgomery:** Okay, all in favor? **Council:** Aye. **Mayor Matt Montgomery:** Opposed? Carried. Well taking five. It's awfully hard to do all that. That's hard to do. [57:39] [End of Transcript]