Nuisance complaints continue to roll into Fountain City Hall. At the September 6 meeting, the city council discussed the ongoing complaints and how to deal with them.
“It’s the same old, same old,” said City Clerk Mary Tjepkes. “Noise complaints.”
Mayor Tammy Danielson wants to investigate further with the League of Minnesota Cities and determine the difference between a private nuisance and a public one.
“That’s the part that’s so subjective,” she stated. “Noises are different depending on the complainant and what’s a nuisance to them.”
Danielson further suggested the city could utilize the Minnesota Basic Code to shore up ordinances.
“As time goes on, there can be resentment from all parties. We’re always going to have some sort of issues,” continued Danielson. “We have to come up with what’s reasonable. We have to figure out how we’re going to live together in a small city with businesses and residents.”
The Preston Police Department, with whom the City of Fountain contracts for policing, suggests that all nuisance complaints be made to them for official observation and documentation.
“It’s not an easy situation by any means, and we have sympathy to our business owners and our residents,” added Danielson.
Tjepkes indicated the two businesses receiving complaints are within compliance with city ordinances. One facility has a conditional use permit with no end date on the permit, so as long as they comply with the permit, the city’s hands are tied. With the other, business hours are until 10 p.m., which is the hour noted in the city’s ordinances.
Fohrenbacher noted the conditional use permit should likely never have been written in 2020 and asked the council to determine if there was a way to modify it with enough complaints. She also suggested the city look into complaints about the one business over the last three years.
Danielson also suggested the council contact other municipalities to see how they handle the situation. She will supply details of the Minnesota Basic Code for council review.
“I think it would be smart for us to read through those to see if there’s anything that could be a benefit to help us. We have to decide, too, what is a private and public nuisance,” said Danielson. “I don’t think any of us know what it would be like unless we’re living in their home.”
In other news, the council unanimously approved the adoption of the Fillmore County ordinance on marijuana sales. Mayor Danielson reviewed the ordinance with Police Chief Blaise Sass and Fillmore County Public Health’s Brenda Pohlman. The city can have its own ordinance, but given the complexity of the topic, the legalities related to it, and the changing laws, the council felt it better to let the county keep current with state laws. The new ordinance is on the Fillmore County website.
“It’s a lot to read,” she noted. “They’ve done their homework and I appreciate that.”
In planning for the 2024 budget, the council is reviewing a possible rise in water rates. Last year, the city raised the base rate by $2, anticipating another $2 raise this year to cover unexpected repairs. The base rate is currently $21, plus $1.10 per thousand gallons after. The current sewer rate is $50, plus $4.78 per thousand gallons after.
“We need to make an informed decision,” said Fohrenbacher. The city needs to budget for a new backup pump and backup blower and has been encouraged to have a financial contingency plan for any other unexpected expenses that come with the system. The council tabled the discussion until the next meeting.
Lastly, the council reluctantly approved the resignation of Fohrenbacher who is moving out of city limits. By declaring a vacancy, the council now needs to fill the remaining year on Fohrenbacher’s term. Those interested in the seat are encouraged to submit a letter of interest to city hall by September 18. If there is more than one applicant, the council will appoint one to the position at the October meeting.
The next regularly scheduled council meeting is at city hall on Wednesday, October 4, at 7 p.m. The public is encouraged to attend.
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