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[0:09] And then o'clock we will call it.
[0:11] Tuesday, July 28, 2026 Fayetteville
[0:14] city council to order.
[0:15] First item is roll call Council Barnes.
[0:18] Here Ross here.
[0:22] Here Here mayor Spooner here.
[0:27] Second is pledge of Allegiance.
[0:31] I pledge allegiance to the flag of the United States of America
[0:35] and to the Republic for which it stands.
[0:38] One nation under God, indivisible,
[0:42] with liberty and justice for all.
[0:49] Item number 2 is approval of tonight's agenda.
[0:52] So move.
[0:53] Second Motion by second by Barnes.
[0:56] All those in favor, signify by saying Aye.
[0:59] Aye all oppose Jenner's approved presentations and introductions.
[1:04] We have none.
[1:05] Approval of the minutes of 2000 of July
[1:08] 14, 2026 and July 14, 2026.
[1:12] Special meeting closed session.
[1:14] So moved.
[1:16] Second Motion by Ron, seconded by Ross.
[1:18] All those in favor, signify by saying Aye.
[1:20] Aye opposed.
[1:23] Motion passed.
[1:24] Request to be heard.
[1:25] We have one tonight.
[1:27] You have three minutes at the podium.
[1:30] Please come forward.
[1:31] State your name and address.
[1:33] Mike cross.
[1:45] Good evening, Mayor and council.
[1:46] My name is Mike cross.
[1:47] 14 12th Street, Northeast, Faribault. I'm a dad.
[1:52] I'm a citizen.
[1:54] And as of two weeks ago, I'm going to be a candidate
[1:57] for the school board.
[1:59] I ran two years ago.
[2:01] Common sense.
[2:02] And I'm just going to give a little common sense to you guys.
[2:06] These guys here want answers on what's
[2:09] going on with the data center.
[2:10] I know you don't have them all, but you
[2:12] got some get from behind where you're at now.
[2:15] Get with these people in a town Hall
[2:18] where there's no Robert's Rules of Order, and talk to them
[2:22] and get them to feel comfortable.
[2:24] You went to them when you got voted in.
[2:27] Now they want answers from you and they're not getting them.
[2:29] You're hiding behind.
[2:30] Behind stuff there.
[2:31] Thank you for your time.
[2:33] Thank you.
[2:36] On to item number six.
[2:38] Consent agenda items.
[2:39] Would anybody like anything.
[2:42] Yes, Mayor.
[2:43] I would like to pull item 6 f and 6 I. OK I'll second.
[2:56] Let's go ahead and approve six a through 6eghj through q.
[3:07] So moved.
[3:08] Moved by Barnes.
[3:10] Second second.
[3:12] By Rowan.
[3:12] All those in favor that signify by saying Aye.
[3:15] Aye all opposed.
[3:17] All right, Mr. Ross, resolution 2026 dash 209.
[3:22] Would you like a question.
[3:24] Let's go to let's go to I first the water meter.
[3:30] That'll be a simple one.
[3:32] It says in there that we've been replacing these for two years
[3:35] and there's already some bad.
[3:38] Are the ones going bad within two years old.
[3:44] I will have public works director block talk about this.
[3:50] Thank you.
[3:51] Mayor and members of the Council.
[3:52] The ones that we're replacing are
[3:53] ones that were not originally placed as part of when
[3:56] we started this process.
[3:57] They're not ones that are going bad,
[3:58] they're just ones that we did not get
[3:59] to when we started the project.
[4:02] OK, OK.
[4:03] So we're replacing old ones.
[4:04] It's not correct.
[4:05] Yeah we're just trying to finish up the last six.
[4:07] Got it.
[4:07] Thank you.
[4:08] No more questions on that one.
[4:09] Mayor, we had a motion on that one.
[4:14] I'll make a motion to approve consent agenda item 6 I second.
[4:20] Motion by Ross.
[4:21] Second by Vance.
[4:23] All those in favor, signify by saying Aye.
[4:24] Aye all opposed.
[4:26] All right.
[4:27] What's your question.
[4:28] Six F for the approval of the IT services contract.
[4:32] I feel this is a fairly big topic.
[4:37] It's a new topic that we haven't had a lot of experience with.
[4:43] So I'd like to move this to a work session.
[4:48] I'll second that.
[4:50] OK I have a motion and a second by Ross, seconded by Ron,
[4:54] to move this to a work session.
[4:56] All those in favor, signify by saying Aye.
[4:58] Aye All opposed.
[5:00] Pull that one till next week.
[5:03] The next work session will be on.
[5:06] I think there will be a special work session,
[5:08] potentially on the 12th or the 18th of August.
[5:12] All right.
[5:13] All right.
[5:14] We're done with consent agenda items.
[5:16] Thank you.
[5:18] Public hearings.
[5:19] We have nine items for discussion.
[5:21] Resolution 2020 6-210.
[5:28] Amending the internal loan for viaduct park.
[5:31] Kendra good evening, Mayor and members of the Council.
[5:36] This is an item that we have been discussing
[5:42] since high as it goes.
[5:44] We've been discussing now for several months.
[5:47] The viaduct park internal loan was originally
[5:51] issued with estimates based on what
[5:53] we believe the franchise fees would be coming
[5:56] in for the Parkland fund.
[5:58] We have a couple of years of history
[5:59] now showing that we are historically
[6:01] getting about $560,000.
[6:04] And so we're proposing extending the term of that loan
[6:07] from 10 years to 15 years, so that the repayment schedule fits
[6:13] those franchise fee receipts.
[6:16] I've also proposed reducing the terms of the interest rate
[6:21] on that loan from 5% to 4.25% which is the highest interest
[6:27] rate that we're receiving on any of the city investments
[6:29] at this time.
[6:30] And that is what that loan could be invested
[6:33] in the market at this time.
[6:38] Thank you.
[6:38] Mayor I believe you answered my question,
[6:41] but I was wondering about lowering the interest rate
[6:44] but extending out the payback period.
[6:46] That's just to lower the overall total payment.
[6:50] Yeah, exactly.
[6:51] The recalculation exercise was really to say.
[6:54] The thing that we know is that we will have $560,000
[6:57] in franchise fees for debt service,
[7:00] and this is the schedule that allows
[7:02] us to make those payments.
[7:06] Do we have do we have any idea from the Parks Department.
[7:10] I mean, will these assets last 15 years without us
[7:15] having to replace them.
[7:16] The obviously the building let's assume that.
[7:20] Well, but you the splash pad.
[7:22] I mean, are we going to have to rebuild
[7:23] this thing in eight years, or.
[7:26] I just want to make sure our assets match there's going to be
[7:29] some components, but on a $6.3 million project,
[7:33] you'll have some components that won't have
[7:35] a useful life that end up being capitalized
[7:37] as part of the project.
[7:39] But the main components the construction,
[7:41] the earthwork, the splash pad.
[7:44] Yeah, we're looking at I think building is 50 years on our.
[7:49] Yeah, the 50 on buildings but you and I
[7:51] think 20 on the recreation piece of it.
[7:55] And I see Mark in the back shaking his head.
[7:58] It shouldn't be a problem.
[7:59] The life of the assets satisfies me.
[8:01] Thank you.
[8:03] So the interest rate that you're proposing,
[8:05] that's the lowest we could go by law.
[8:07] Or is that just your recommendation.
[8:10] We could go lower, but when I. When I picked that rate,
[8:15] I picked the most recent bonds that we invested city assets
[8:20] into and matched that rate.
[8:22] So if we didn't have the loan from the sewer fund,
[8:26] I could get that loan.
[8:29] The sewer fund could get that return by investing in bonds.
[8:33] Got it.
[8:33] Thank you.
[8:35] Any other questions, Mayor Spooner.
[8:37] Yes I'll make a motion to approve resolution 2020 6-210.
[8:43] Second Motion by Ross, second by Vance Lewis.
[8:47] All those in favor of resolution 2020 six
[8:49] 210 signify by saying Aye, Aye.
[8:52] Opposed passes on item B Calvary Hill Commons vacation,
[9:01] preliminary and final plat and variance planning
[9:03] manager Harry Davis.
[9:06] Thank you mayor, and good evening council.
[9:09] The project in front of you is for Calvary Hill Commons.
[9:14] It's at 3105 highway 60 West.
[9:18] The applicant is Tim Peterson.
[9:21] He's the surveyor on the project.
[9:23] On behalf of Jeff Jandreau of Jeff Jandreau properties LLC.
[9:29] The location it's approximately three 105 highway 60 West.
[9:34] It's where the soon to be old KGB
[9:37] office is in that area and surrounding Calvary cemetery.
[9:44] It's a preliminary and final plat, a right of way vacation
[9:48] and a variance.
[9:50] Here's where the property is in relation to different parts
[9:53] of Faribault. And then here's more of a
[9:56] zoomed in aerial of the property.
[10:00] So it does include what will soon be the old KGB office.
[10:05] But it includes a number of properties that
[10:07] have not yet been developed.
[10:11] The three requests in front of you, the first one
[10:14] is to vacate some existing, partially
[10:16] constructed right of way.
[10:18] So Calvary drive is partially constructed
[10:21] as it goes past the cemetery, but it's not constructed going
[10:24] all the way to I-35, but it's right away goes all the way
[10:28] to I-35, so it would be vacating the right of way that's not
[10:34] used, which would then be replanted
[10:36] as a part of the preliminary and final plat process.
[10:39] So that part of the process does include replanting three parcels
[10:45] into five buildable lots, two stormwater lots, and then three
[10:49] lots for future development.
[10:52] And then the third proposal in front of you is for variance.
[10:57] So our maximum dead end street length for a new road is 650.
[11:05] They're asking for 2050 feet.
[11:08] So that variance is somewhere around 1,400 feet.
[11:14] Here's the vacation area.
[11:16] So it's constructed most of the way.
[11:18] It's just this last part, which will then be replanted
[11:23] into a new version of Calvary drive
[11:25] with the plat on the left hand side is the final plat.
[11:30] So all of the properties that are on the Northern,
[11:35] I would say half of this plat area,
[11:39] those are all either existing developed, particularly the soon
[11:43] to be old KGB office and then proposed to be developed
[11:47] as a part of this plot.
[11:49] This phase of the plot outlot C, outlot D, and outlot e.
[11:54] There's a weird part with outlot e where it actually leapfrogs
[12:00] I-35, and so that's actually on the other side
[12:04] of the interstate.
[12:05] So that will be an unbuildable lot
[12:08] until someone can buy it and bring it into their property
[12:11] as a part of their development.
[12:13] But outlet C and outlet D, those would
[12:15] be future phases of this Calvary Hill Commons area.
[12:20] On the right hand side is just how I'm measuring
[12:24] the variance distance.
[12:25] So it goes all the way from 38th all the way along Calvary drive
[12:30] to the proposed end of Calvary drive,
[12:34] where there will be a temporary turnaround in the future.
[12:37] The idea is that street would then be extended
[12:39] even further to go down South.
[12:44] So just trying to help you guys understand
[12:47] that in terms of the vacation, there are no issues with this.
[12:52] The road is going to be replanted.
[12:54] There are no concerns other than just making sure
[12:56] that some existing infrastructure ends up
[12:58] in a drainage and utility easement for
[13:01] the preliminary and final plat.
[13:02] It does meet all of our requirements for zoning
[13:05] as well as the comprehensive plan.
[13:07] And then the variance itself.
[13:11] This actually has a practical difficulty
[13:15] for a street like this.
[13:16] Even on our comprehensive plan is as well as our highway 60
[13:19] master plan, we show a connection of Calvary
[13:23] drive going through the properties
[13:26] where it's proposed today, going all the way to the South
[13:29] and eventually coming to a second connection point
[13:33] either just a little bit further down into the Southeast
[13:37] or going all the way out to the far West.
[13:42] So this is as expected.
[13:46] It's on our comprehensive plan, as well
[13:48] as well as our master plan.
[13:50] The fire chief does support the variance.
[13:52] He doesn't feel like that.
[13:53] There will be any concerns providing emergency services
[13:57] to the end of the street.
[13:59] So at least from staff's point of view,
[14:01] it does meet our comprehensive plan and zoning requirements.
[14:04] The planning commission did vote unanimously in support.
[14:06] And there was no public comment at the planning
[14:09] commission meeting.
[14:10] So the three items in front of you, the first one
[14:14] is to recommend approval of the ordinance.
[14:18] So that would be the vacation.
[14:20] Second one would be the resolution to approve
[14:23] the preliminary and final plat.
[14:25] And then the last one would be a resolution
[14:28] to approve the variance.
[14:31] With that, I'm happy to take questions.
[14:34] Thank you mayor.
[14:36] The road concerning the variance.
[14:39] That's going to be a public road, not a private road.
[14:41] Is that correct.
[14:42] Correct OK.
[14:42] Thank you.
[14:43] That's it.
[14:44] That's what's up.
[14:45] What's the reasoning for the standard 650
[14:48] for a dead end road.
[14:50] Why is that.
[14:51] That length chosen by default. So you're asking
[14:56] why is it limited to 650ft?
[14:59] Yeah so there are a number of things that get baked into that.
[15:04] Part of that is the idea that if you had a number of lots that
[15:07] were on a dead end street, there's
[15:09] a maximum in terms of fire code where they feel comfortable.
[15:14] I've seen fire Chiefs say anywhere between 30 and 40 lots.
[15:18] If you have a 650 foot long road would be able to fit a bunch
[15:21] of residential lots on that.
[15:25] And so you might get close to 30 fire code
[15:28] would then kick in anyway.
[15:29] But really, I think what I'm trying
[15:32] to get at is that the 650 is pretty close to what we would
[15:35] imagine would be the limitations,
[15:38] anyway, of what fire code would say is, any more than this.
[15:42] It's not safe.
[15:43] We don't feel like, from the fire department's standpoint,
[15:47] that they can easily get back there in case
[15:49] there was an emergency.
[15:51] And is there going to be a cul-de-sac or a turnaround
[15:53] point at the end of the road.
[15:55] There will be a temporary one, and then eventually
[15:57] in future phases where they'll extend it,
[15:59] they'll end up being probably another temporary one
[16:02] until the rest of that highway 60 master plan area on the South
[16:06] side can be built out.
[16:08] OK thank you.
[16:09] So this is just going to be conventional housing, not
[16:13] high density.
[16:15] No and I do apologize.
[16:17] This is a commercial and industrial subdivision.
[16:19] So this is in compliance with our comprehensive plan
[16:22] and our highway 60 master plan, which
[16:24] both identify industrial and commercial in this location.
[16:28] Do we know what his intent is.
[16:30] Are we going to get yet another place to put storage units.
[16:35] I think the initial uses that are interested in this area
[16:39] would one of them would be car sales.
[16:43] And I think another one would be a hotel.
[16:45] I believe the applicant is here and can speak to some
[16:49] of the intent behind having the subdivision now,
[16:51] but those are some of the initial uses that I know of.
[16:54] All right.
[16:55] I'm good with that.
[16:56] Thank you.
[16:58] Anyone else.
[17:02] Mayor Spooner.
[17:03] Yeah I'll make a motion to approve ordinance 2020 6-10.
[17:08] Second Motion by Ross.
[17:10] Second by Barnes.
[17:11] This is an ordinance and will require a roll call.
[17:15] Council Member.
[17:16] Barnes Aye.
[17:17] Aye Ross.
[17:18] Aye Aye.
[17:20] Aye Mayor.
[17:20] Spooner Aye.
[17:22] That ordinance is passed.
[17:24] Resolution 2020 6-2 11.
[17:27] Preliminary and final plots.
[17:29] Mayor Spooner, I make a motion to approve
[17:33] resolution 2020 6-211 second.
[17:37] Motion written by Vance Lewis, second by Barnes.
[17:40] All in favor of the resolution signify by saying Aye.
[17:42] Aye all opposed.
[17:45] Resolutions passed.
[17:46] Resolution 2020 6-212.
[17:51] Yes make a motion to approve resolution 2026 212.
[17:57] Second Motion by second by Barnes.
[18:00] All those in favor of the resolution
[18:02] signify by saying Aye.
[18:03] Aye all opposed.
[18:05] That motion is also passed on item C,
[18:08] resolution 2020 6-213 approval of a conditional use permit.
[18:14] Once again Harry Davis.
[18:15] Thank you, Mayor and council.
[18:17] So this next item in front of you
[18:19] is for a residential care facility
[18:21] at 3015 cardinal Avenue.
[18:24] So the applicant for this is Michael McCue.
[18:26] And this is on behalf of Midwest recovery.
[18:29] With the consent of the property owner,
[18:32] Patrick Cashin or Rick Cashin.
[18:35] Again, the location is 3015.
[18:38] I apologize for the typo there.
[18:39] Cardinal Avenue, and it's a residential care
[18:42] facility for 32 patients.
[18:45] Here's where the property is in relation
[18:47] to different parts of Faribault. So it's the Northern interchange
[18:52] for I-35.
[18:55] Here's the property in an aerial.
[18:57] So of the two apartment complexes,
[19:00] if you were to visit it today, it's
[19:01] the Northern apartment complex that is proposed to be
[19:04] this residential care facility.
[19:07] The apartment complex was built very recently
[19:10] within the past three years, I believe.
[19:14] And so the request by the applicant
[19:17] is to allow a 32 patient residential care
[19:20] facility for Midwest recovery.
[19:23] They have addiction recovery services,
[19:29] and this would be an existing multi-family structure.
[19:33] It should be noted that as a part of this request.
[19:37] They're only asking for this now just because there
[19:40] are changes at the state level.
[19:41] They have actually been using this location as a residence
[19:44] for their patients for the last two years
[19:48] without really any complaints from staff's knowledge.
[19:53] The just changes in terms of rules at the state level
[19:56] that now require them to get this conditional use permit.
[20:00] So that's just some context within the broader discussion
[20:05] here is actually the site plan that was approved for what was
[20:12] then a multifamily structure, what is now proposed to be
[20:15] the residential care facility.
[20:17] They do have adequate parking for this particular use.
[20:22] None of the patients will have their own cars.
[20:24] That will be a policy and it can be a condition as a part
[20:27] of this conditional use permit.
[20:30] But really they have adequate parking.
[20:33] They do plan to share some garbage facilities
[20:37] with the adjoining property, which
[20:39] is also owned by Rick Cashin.
[20:42] And then here's the proposed project.
[20:45] Both in terms of what it was proposed,
[20:46] in terms of the elevation and then what it would be,
[20:49] what it is today.
[20:51] No changes proposed to the outside of the structure,
[20:55] so it will remain in, for all intents and purposes.
[21:00] In terms of appearance, it will remain as a multifamily
[21:03] looking structure.
[21:06] The conditional use permit from staff's point of view,
[21:08] we do feel like that this actually
[21:11] does meet our zoning and comprehensive plan requirements.
[21:16] There's adequate parking.
[21:17] They are dealing with trash, and we've had no complaints
[21:22] on this particular use since they've
[21:24] moved in about two years ago.
[21:26] So we do feel like it meets the comprehensive plan
[21:29] and our zoning requirements.
[21:30] And the planning commission did vote unanimously
[21:32] to support the project.
[21:34] No public comment was received at that time.
[21:38] And the only recommendation or the only motion today
[21:42] would be the resolution to approve
[21:44] the requested conditional use permit.
[21:46] And with that, I'm happy to take questions.
[21:48] Any questions.
[21:50] No no arms Mr. Davis, thank you.
[21:58] Was I reading this correctly.
[21:59] It looked like the clientele numbers were actually
[22:01] were going down.
[22:02] And if that.
[22:03] So was that based on the new state ordinance that the state
[22:08] had passed Mr. mayor, I'm not an expert in terms of the state
[22:16] laws regarding residential care facilities
[22:19] so I don't know if that's a requirement from that.
[22:22] I know that there was a lot of discussion initially,
[22:25] trying to make sure that they had adequate parking
[22:28] for this use at this location.
[22:30] And so I think that them actually reducing
[22:33] the number of patients on site is probably trying to make sure
[22:38] they can accommodate additional parking if they need it.
[22:42] Without trying to impact or without resulting
[22:45] in some sort of impact on that multifamily structure
[22:48] to the South.
[22:49] And that's where I was confused, because it
[22:51] sounds like the clientele aren't allowed to have vehicles.
[22:55] So I just needed clarity on that.
[22:58] The copy that the state ordinance had passed,
[23:02] I was reading that there's certain things the city then
[23:05] will be allowed to do, such as the city
[23:08] could stop in and do an inspection.
[23:10] Or if there was a planning concern,
[23:12] we could freely go to that property,
[23:15] not necessarily in it, but to the property and look at it.
[23:20] Do you know how long the cap will be.
[23:23] Is this a one year or a two year.
[23:25] So this conditional use permit that we're granting here
[23:28] would actually run with the land as long
[23:30] as this use is at the property.
[23:35] As soon as the use goes away, say Midwest recovery decides,
[23:39] hey, we're going to pull our people out
[23:40] and we're going to move to a different location.
[23:42] And then it goes back to say, being a multi-family structure.
[23:46] Then they would lose that conditional use
[23:48] permit at that time because it would
[23:49] switch back to a permitted use.
[23:51] So this runs with the land in terms of the licensing
[23:56] requirements from the state.
[23:57] Again, I'm not an expert.
[23:59] I don't know if they have people check in every year.
[24:04] My thought is that they probably do.
[24:07] Thank you for the clarity.
[24:09] It sounds like there will be potential expansion,
[24:11] which is great.
[24:12] So thank you.
[24:15] Anyone else, Mr. Davis.
[24:17] Didn't we actually approve this.
[24:19] Across the street, like four years ago.
[24:21] And due to finances, they found this building and not correct.
[24:27] Yes, yes.
[24:28] Very similar.
[24:29] All right.
[24:30] Thank you.
[24:32] At this time, I'll entertain a motion,
[24:34] Mayor Spooner, and make a motion to approve
[24:36] resolution 2020 6-2 13.
[24:39] Second Motion by Barnes, seconded by van
[24:43] sluice on resolution 2026.
[24:46] Signify by saying Aye.
[24:48] Aye all opposed.
[24:50] Passes resolution 2026 214.
[24:54] Approval of a variance.
[24:56] Once again, Harry Davis, this is your night.
[25:00] I promise this is the last time.
[25:03] Thank you, Mayor and council.
[25:04] So this proposal in front of you is
[25:08] actually for a fence variance.
[25:11] The owner of the property is jennie-o turkey store.
[25:13] So this is going around their property.
[25:16] And the applicant is Michael stabin on their behalf.
[25:21] It's the turkey store.
[25:23] I'm not going to go into exactly where that is.
[25:26] Here's the location map in relation
[25:29] to different parts of Faribault. Here's the property in question.
[25:34] And so the request by the applicant
[25:37] is to actually have a 8 foot tall fence that would go up
[25:43] to the property line, but then all
[25:45] around the entire three parcels that you see
[25:49] are highlighted on this image.
[25:54] The requirement within code is that if you are in a front
[25:59] setback with your fence, even in an industrial setting, you
[26:04] cannot be higher than 4 feet.
[26:07] So the variance would actually be for four feet
[26:11] to go up to 8 feet.
[26:14] Here's the area that I've determined
[26:17] would actually be the front of the property.
[26:21] This is a weird property in terms of it
[26:25] has maybe what you might consider a few different parts
[26:29] where you would enter it.
[26:30] What could be fronts.
[26:32] But this is, in staff's perspective,
[26:36] the interpretation as to what would be the front,
[26:38] and it would be along 7 Avenue as a kind of snakes
[26:42] past South Alexander Park.
[26:45] And then as it connects to 13th Street Northwest, it
[26:48] would be that entire frontage.
[26:52] Here's what the fence would look like in different sections.
[26:55] So on the left would be the primary fence that you would see
[26:59] go around most of the property.
[27:01] It would be utilizing these slats that would
[27:05] go within the chain link fence.
[27:08] That's more of a concern regarding
[27:13] just the stateliness of frankly, processing
[27:18] animals for consumption.
[27:20] That's their consideration in terms of having those slots.
[27:24] The other part of it is it's actually safety and security.
[27:28] The fence by itself is supposed to be addressing
[27:31] safety and security for the facility,
[27:36] as well as a requirement from the FDA.
[27:40] On the right hand side is actually,
[27:42] as you get farther along towards the West, there is floodplain.
[27:47] And we've determined that through engineering review
[27:52] with concurrence from the city engineer,
[27:55] that having a chain link fence does
[27:59] not constrict any water flows.
[28:02] So in the case that there could be
[28:05] any flooding in this area within that floodplain,
[28:09] the fence would not restrict anything.
[28:12] So that deals with some worries that the DNR had
[28:16] about this particular variance.
[28:21] We do think that this request does demonstrate
[28:23] practical difficulty.
[28:24] It's a piece of critical infrastructure, food
[28:27] infrastructure for the nation.
[28:30] The FDA does mandate that there be some security and safety
[28:34] for infrastructure like this.
[28:37] So we do completely understand why having the fence
[28:40] is necessary.
[28:43] There are limitations to the site itself
[28:45] where if they were to set it back,
[28:47] it would cause some issues.
[28:49] Putting a fence in the middle of their parking lot
[28:51] doesn't really make sense.
[28:54] So we do feel like having a fenced in property,
[28:57] even all the way to the property line,
[28:59] makes sense for a industrial use.
[29:02] So from staff's point of view, we
[29:04] do feel like it meets our comprehensive plan
[29:06] and zoning requirements.
[29:08] Planning commission did vote four to 2
[29:12] in support of the request.
[29:13] Those that dissented wanted to see a more decorative fence,
[29:17] particularly when it becomes adjacent to South Alexander Park
[29:23] as well as when it gets a little bit closer to the homes
[29:26] on the North side.
[29:27] We did not receive any public comment at the meeting
[29:31] or before then.
[29:33] With that, staff, and the planning commission
[29:37] recommend that city council approve the resolution
[29:39] for this variance.
[29:41] And with that, I'm happy to answer questions, Mr. Owen.
[29:44] I fully support this.
[29:46] We went through quite the battle in 2016 and 2017
[29:50] to get the South side of this buttoned up
[29:54] like they agreed to in 1988, and decided
[29:57] not to do until we said do it.
[30:00] So this is good.
[30:02] This is something that the homeowners in the area
[30:03] wanted for a long time.
[30:05] I applaud staff for getting it done.
[30:08] Anyone else.
[30:09] Barnes yeah Mr. Davis.
[30:11] I did see the two planning commissioners
[30:13] that suggested the privacy fence, and I respect that.
[30:16] I absolutely understand where they were going with it.
[30:18] But the more and you touched on it, the more I thought about it.
[30:21] If there is a flood, a privacy fence isn't going to make it.
[30:25] And it's also good for airflow to have that chain link fence.
[30:29] My question is typically when there's
[30:32] those plastic slats for privacy, they
[30:35] get real junky very quickly.
[30:37] If they break, if they snap off, if they need replacement,
[30:41] most times you don't see that being done.
[30:43] Is there any way that we can hold that accountable.
[30:45] Or would that be an ordinance or what would that
[30:48] be Mr. mayor, so the screening is something
[30:55] that they have offered.
[30:56] Generally we do require screening
[30:59] between industrial properties and residential properties.
[31:02] So we might be able to say, at least in the cases where it's
[31:07] across the street from residential properties,
[31:09] that hey, you need to maintain your screening.
[31:11] So there are provisions within code.
[31:14] The other part that I might look at
[31:16] would actually be code compliance, making sure
[31:18] that your fence is well maintained,
[31:20] which is a requirement under our codes.
[31:23] So I think that there are probably two ways
[31:25] that we can approach it, whether it's screening for adjacent uses
[31:29] or making sure that your property is well maintained.
[31:32] If we were to do a provision within the code,
[31:35] is that something we can do today.
[31:38] Stipulation you mean like a condition
[31:42] instead of code enforcement having them do this.
[31:46] Just having that stipulation put in.
[31:50] Yeah, I could see a condition of approval perhaps
[31:54] being added to the resolution.
[31:57] I think maybe at that point, I would wonder,
[32:01] do we need to go back as staff to add it
[32:04] in there to make sure that the language is
[32:07] correct before we move forward.
[32:13] If we have a good understanding, the council
[32:15] understands what you're putting in,
[32:17] that would be fine to do it right now.
[32:19] We need approval.
[32:21] Or how does that work.
[32:23] Motion make it in your motion.
[32:25] I make a motion to amend resolution
[32:29] 2020 6-2 14 to include the provision to the code.
[32:34] Is that how you want me to word it.
[32:38] You can state the sentence.
[32:39] State what you state what you would like to state what you'd
[32:42] like to have in this to include that the slats
[32:47] remain clean and orderly condition to the fence.
[32:51] OK I'll second.
[32:53] All right.
[32:54] Motion by Mark a question.
[32:58] No, I'm just making a statement.
[33:00] I think I would vote no on her motion.
[33:03] The way she has worded it, I don't
[33:05] feel that is an advantage moving it into a specific property as
[33:10] opposed to just keeping it in our ordinance
[33:12] when we have two means through our ordinances
[33:16] of enforcing this.
[33:20] So this property has a history, a documented history.
[33:26] If you go back and look at the old city
[33:28] council meetings of agreeing to things
[33:31] and not following through.
[33:33] So I don't think her point is ill advised.
[33:41] And if I may, and I also I don't know
[33:44] what that meant, but go ahead.
[33:46] Thank you.
[33:47] I agree with Mr. Rowan.
[33:49] And also I think code compliance or code ordinance
[33:53] sometimes is inundated.
[33:54] We aren't able to keep up.
[33:55] And plus we're hiring that out of house.
[33:57] It's not in-house service right now
[33:59] so it'll just add to the cost.
[34:01] This will keep them accountable.
[34:03] It's in the contract.
[34:05] It's an easy thing in my mind.
[34:10] At the end.
[34:11] No, I mean, I think you are part of those discussions
[34:14] when we had all that issue.
[34:18] So do you understand what she's saying.
[34:19] She's just simply saying, look, instead of tying up
[34:21] all the staff time, we'll just make it a stipulation
[34:24] of this approval process.
[34:27] No, I fully understand her.
[34:29] Her intent.
[34:29] And her intent is well intended.
[34:34] Let's put it that way.
[34:35] I just feel that it's covered through our ordinances,
[34:41] and we don't need to add it to a specific resolution.
[34:47] But I don't and I want to just make that statement.
[34:50] So that when I vote no, I mean, I have a feeling
[34:52] it's going to approve anyway.
[34:54] But if it doesn't, my approval, my disapproval
[34:57] is only based on her changes to this resolution.
[35:00] And I would like to see it come back if that were to happen.
[35:03] But I don't think it's going to.
[35:08] I think it would be easier if we are removing wordings
[35:13] from the ordinance, then, putting in a fresh sentence,
[35:20] because we already went through this before coming here
[35:24] and trying to inject.
[35:28] I think that's kind of a little bit complicated.
[35:34] When you say we already went through this,
[35:36] do you mean like, no, like reading
[35:39] the package before coming for a meeting and.
[35:43] Yeah, but this is coming from the planning committee,
[35:46] and it's reaching us now, so it's our turn to vote on it.
[35:50] So what's the specific sentence that you want to be
[35:53] and where it should be.
[35:55] Under which paragraph you want it to be injected.
[35:59] That's above my pay grade, but I would suggest that it be added.
[36:04] Just to be clear, what we have here is
[36:07] a variance from feet to feet.
[36:09] You added a stipulation to just say that it's got to be kept up.
[36:15] Correct I mean, that's in the ordinance.
[36:18] I'm going to vote in favor of this
[36:19] just because I don't want to stall this out and just
[36:21] have a simple fence that one of our major businesses in town
[36:25] brought forward, and they proposed this.
[36:27] So I'm going to vote in favor because I
[36:29] hate to see this go down.
[36:30] And then we start from scratch.
[36:32] So yes, it would go in section 2 is item four.
[36:39] OK OK.
[36:40] Yeah then I'm in favor.
[36:42] Yeah so, Mr. Ross, I certainly understand
[36:46] where you're coming from too, but I'm a simple fence.
[36:48] Variance is a lot here.
[36:52] OK I have a motion by Barnes, second by Rowan,
[36:56] with the agenda of keeping it up and shape.
[37:00] All those in favor, signify by saying Aye.
[37:02] Aye All opposed.
[37:04] Nay motion passes.
[37:07] Thank you.
[37:09] Resolution 2020 2 0 order improvements
[37:15] and plans for Citywide tree removal program.
[37:18] Marc Duchene, Director of engineering.
[37:20] Thank you, Mayor Spooner.
[37:21] Members of the Council.
[37:22] Yeah I want to clarify.
[37:24] I agree with you.
[37:25] I think that's what I was wondering.
[37:27] So council member Barnes made a motion to amend the resolution.
[37:31] Now you need to vote on the resolution as amended.
[37:34] Oh, OK.
[37:35] I think that makes the most sense.
[37:36] Yep it could be read both ways, but I
[37:38] think the city administrator is correct on that.
[37:40] Yeah, we'll make it as amended.
[37:44] Seconded by Ron.
[37:45] Correct so it's a new this is a new motion.
[37:48] Make a motion to approve.
[37:49] To approve.
[37:50] Yep I make a motion to approve as amended.
[37:53] As amended by Ross.
[37:55] No motion by Ron seconded by Barnes over a fence ordinance.
[38:01] All those in favor, signify by saying Aye.
[38:03] Aye All opposed.
[38:05] Nay we're under resolution 2020 6-2 two.
[38:12] 20 approval of plans for bids Mr.
[38:14] mark Duchene, Director of engineering.
[38:16] Please keep it simple for me tonight.
[38:18] Thank you.
[38:19] Mayor members of the Council before you
[38:20] tonight is year two of the Citywide tree removal program.
[38:24] We did this first of all, last year in 2025.
[38:27] We're back again this year.
[38:28] This year, we had 73 properties respond to the interest
[38:32] out on the internet and on the city website,
[38:35] for a total of 154 trees to be removed.
[38:37] A reminder, these are voluntary assessments
[38:39] where the city will put out a contract for the tree removal.
[38:43] We'll get bids for each tree to be removed.
[38:45] Once we have those bids, we will put together
[38:47] a voluntary assessment agreement for each of the property owners,
[38:50] and then at that time, they can elect to either move forward
[38:52] with the project or decline and find a way to remove
[38:55] the trees on their own.
[38:56] The benefit of doing it through this city program
[38:58] is that we fund all the upfront costs to have the trees removed,
[39:01] and then we assess the cost for the removal to each property
[39:04] owner over a five year term at an interest rate that
[39:07] will be set in the fall, based on where our current bonding
[39:09] rates are at that time.
[39:11] So if there's any questions, I certainly answer them.
[39:13] One reminder, this is one of two programs this year.
[39:17] We will be back, probably in the first meeting in August
[39:19] with the relief grant program.
[39:21] That was a program for income qualified residents
[39:23] to have their trees removed, their stumps
[39:25] grinded and new trees planted through a grant through the DNR.
[39:29] So the folks that are in this contract tonight
[39:31] did not qualify for that relief program.
[39:34] So with that, we are asking you to approve resolution 2026 220.
[39:40] Questions, Mayor Spooner.
[39:43] Yes I'll make a motion to approve resolution
[39:45] 22622 0 seconds 2026220.
[39:52] I think I misspoke.
[39:54] I still second that motion by Ross, second by Vance Luce.
[39:59] All those in favor of resolution 2026 220.
[40:03] Signify by saying Aye.
[40:04] Aye all opposed.
[40:07] Motion passes.
[40:08] Thank you very much, everybody bids tonight.
[40:11] We have none.
[40:11] Boards, commission reports, announcements.
[40:13] Anybody have anything.
[40:14] Administrator Kinser.
[40:16] Yes Just to clarify, some schedule
[40:18] changes coming up this next Tuesday is National Night Out.
[40:21] So there will not be a work session.
[40:24] There will also not be a special work
[40:26] session on Wednesday, August 5.
[40:28] The following week, Tuesday, August 11 is primary day.
[40:32] So there will not be a regular council
[40:33] meeting on Tuesday, August 11.
[40:36] Our regular council meeting will be
[40:37] held on Wednesday, August 12 at o'clock PM
[40:40] here in council chambers.
[40:43] The other thing to point out is August 12 would be when we'd
[40:45] have our monthly council chat.
[40:47] We are canceling that because of having the city
[40:50] council meeting that night, so there
[40:51] will be no August council chat.
[40:53] The next council chat will be September 9
[40:55] at Central Park, 5 to o'clock PM as an open office.
[40:59] Hours come and chat.
[41:03] Administrator I didn't even get the first calendar
[41:07] change put in, so would you please just email that out.
[41:10] Yep we will do that.
[41:11] Thank you.
[41:11] Thank you.
[41:15] So I received a sad news this morning from back home.
[41:21] I lost my first cousin, so maybe I don't know yet how we do that,
[41:28] but I'm thinking about having one or two.
[41:32] But that could change too, because I mean
[41:35] communication with the family.
[41:38] Could you just.
[41:40] Yeah, I would let her know.
[41:41] We will keep in touch in case of anything.
[41:45] No problem.
[41:46] Anyone else boards, commissions Mr. Duchene,
[41:49] would you like to chime in here if you'll give me the moment.
[41:52] Mayor, we are beginning the planning process
[41:54] for reconstructing seventh Street Northwest from Central
[41:57] avenue to Hewlett Avenue.
[41:58] This is tentatively scheduled for an early 2030 time frame,
[42:01] but we're starting now so that we can get a geometric layout
[42:04] configuration selected as well as give us enough time
[42:08] to pursue outside funding for what
[42:09] will be a significant project.
[42:11] We are hosting two pop up neighborhood engagement events.
[42:14] We will be at the community center for night to night,
[42:16] and we will also be in Central Park
[42:19] that Thursday after the pet parade, while during
[42:21] and after the pet parade.
[42:22] If residents want to come by, see
[42:24] some early construction boards.
[42:25] Provide input on 7 Street.
[42:27] We understand the importance of that road
[42:28] to the city as a whole.
[42:29] It's more than just a neighborhood road,
[42:31] so we invite folks to come out.
[42:33] There's also a spot on our city website.
[42:34] If you're unable to attend, to provide
[42:36] feedback through a link and a form there.
[42:39] Perfect Ron, are you going to get rid of the bridge.
[42:43] Because I'm sure that's what everyone wants to know.
[42:45] At this time, we're soliciting input for all options
[42:47] and ideas for the project.
[42:49] Well put.
[42:53] All right.
[42:56] You betcha.
[42:57] Make a motion to adjourn.
[42:59] Second Motion by Ron.
[43:01] Second by Don.
[43:02] To adjourn.
[43:03] All those in favor, signify by saying Aye.
[43:05] Aye All opposed.