[0:00] 
[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.
[0:28] 
[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.
[0:44] 
[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.
[1:34] 
[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.
[2:52] 
[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.
[6:35] 
[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.
[16:59] 
[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.
[23:18] 
[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.
[28:18] 
[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.
[32:09] 
[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.
[33:17] 
[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.
[33:37] 
[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.
[34:07] 
[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.
[35:05] 
[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.
[41:00] 
[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.
[41:12] 
[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.
[42:50] 
[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.