Based on the context provided and the phonetic cues in the original transcript, here is the corrected version with speaker names assigned. **Key to Transcriptions:** * **Mayor Spooner:** Thomas J. Spooner * **Council Member Ross:** Royal Ross * **Council Member Doumbouya:** Adama Youhn Doumbouya ("dbia", "dumo") * **Council Member van Sluis:** Peter van Sluis ("Von SLO", "v-us") * **Council Member Rowan:** John Rowan ("Karen", "Ron Seuss") * **Council Member Thiele:** Chuck Thiele ("te", "teal") * **David Wanberg:** Community & Economic Development Director (Phonetically "Mr. Davis") * **Mark DuChene:** City Engineer/Director of Engineering (Phonetically "Director Duan", "Director James") *** [0:00] **Mayor Spooner:** We’ll call the Tuesday, September 24th, 2024, meeting to order. We’ll start with a roll call. [Roll call occurs]. Please stand for the Pledge of Allegiance. I pledge allegiance to the flag... [0:38] **Mayor Spooner:** Right, thank you. I need a motion and a second to approve tonight’s agenda if there are no changes. [0:43] **Council Member Ross:** So moved. [0:45] **Council Member Doumbouya:** Second. [0:46] **Mayor Spooner:** Motion by Council Member Ross, second by Council Member Doumbouya. All in favor say aye. Opposed? That passes. There are no presentations or introductions tonight. We’ll move on to approving the minutes of the September 10th, 2024 city council meeting. Anybody have any changes or needed there? With that, I’d take a motion and a second to approve. [1:05] **Council Member van Sluis:** I'll make a motion to approve. [1:08] **Council Member Rowan:** Second. [1:09] **Mayor Spooner:** Motion by Council Member van Sluis, second by Council Member Rowan. All in favor say aye. Opposed? There is nothing on the request to be heard. We’ll move on to the shortest consent agenda that I’ve ever seen, items 6A through 6C. Anybody have any changes or corrections needed to these three items? [1:25] **Mayor Spooner:** Hearing none, I would take a motion and a second to approve. [1:29] **Council Member Ross:** Mayor, Council Member Ross, I’ll make a motion to approve consent agenda items 6A through 6C. [1:36] **Council Member Rowan:** Second. [1:37] **Mayor Spooner:** Motion by Council Member Ross, second by Council Member Rowan. All in favor say aye. Opposed? That passes. We’ll keep on moving into items for discussion because there are no public hearings. Move on to Ordinance 2024-20, amending Chapter 13, Article 2 of the Faribault City Code regarding Library Advisory Board, second reading. Over to Director DuChene. [2:00] **Mark DuChene:** Thank you Mayor and members of the Council. On September 3rd, 2024, the City Council approved the first reading of Ordinance 2024-20, which amends the article regarding the library advisory. The city received no comments at that meeting, and we haven't made any further changes to the amendments. Tonight, staff are recommending approval of the second reading of Ordinance 2024-20 and taking a separate action for publication. [2:17] **Mayor Spooner:** Because we had the presentation two weeks ago, any questions on this? Okay, with that I would take a motion and a second. [2:23] **Council Member van Sluis:** I'll make a motion to approve Ordinance 2024-20. [2:26] **Council Member Thiele:** Second. [2:27] **Mayor Spooner:** Motion by Council Member van Sluis, second by Council Member Thiele, and it is a roll call. [Roll call vote occurs]. That one passes on second reading. I need a motion and second to approve a summary publication of Ordinance 2024-20. [3:01] **Council Member Ross:** So moved. [3:03] **Council Member Rowan:** Second. [3:04] **Mayor Spooner:** Motion by Council Member Ross, second by Council Member Rowan. All in favor say aye. Opposed? Summary publication passes. We’ll move on to Ordinance 2024-19, partial easement vacation at 2343 4th Street Northeast, second reading. Over to Mr. Wanberg. [3:32] **David Wanberg:** Thank you Mayor, Council Members. On September 10th, the Faribault City Council did approve the first reading of Ordinance 2024-19, which proposes a partial easement vacation at 2343 4th Street Northeast. Since then, we've received no comments from the public and made no substantial changes to that ordinance. So we're recommending approval of that second reading. Additionally, there's the summary publication, which just as a reminder, needs a 5/7ths vote at a minimum in order to pass. [4:05] **Mayor Spooner:** Thank you Mr. Wanberg. Any questions? Seeing none, I would take a motion and a second to approve. [4:19] **Council Member Thiele:** Make a motion to approve Ordinance 2024-19. [4:23] **Council Member Rowan:** Second. [4:24] **Mayor Spooner:** [Roll call vote]. That passes the second reading. Need a motion and a second to approve summary publication of Ordinance 2024-19. [4:45] **Council Member Ross:** So moved. [4:47] **Council Member van Sluis:** Second. [4:48] **Mayor Spooner:** Motion by Council Member Ross, seconded by Council Member van Sluis. All in favor say aye. Opposed? That passes. We’ll move on to Ordinance 2024-18, approve a zoning map amendment for 818 8th Avenue Northwest, second reading. Back over to Mr. Wanberg. [5:02] **David Wanberg:** Thank you Mayor, Council Members. On September 10th, Faribault City Council did approve the first reading of Ordinance 2024-18, which is a zoning map amendment for 818 8th Avenue Northwest, also known as the water treatment plant. City received no comments from the public nor made any substantial changes. We are recommending approval of the second reading and summary publication. [5:44] **Mayor Spooner:** Any questions for Mr. Wanberg? Seeing none, I would take a motion and a second to approve this on second reading. [5:51] **Council Member Ross:** Mayor Ross, make a motion to approve Ordinance 2024-18. [5:56] **Council Member Thiele:** Second. [5:57] **Mayor Spooner:** Motion by Council Member Ross, second by Council Member Thiele, and this is a roll call. [Roll call vote]. That passes. Need a motion and a second to approve summary publication of Ordinance 2024-18. [6:06] **Council Member Rowan:** So moved. [6:08] **Council Member van Sluis:** Second. [6:09] **Mayor Spooner:** Motion by Council Member Rowan, second by Council Member van Sluis. All in favor say aye. Opposed? That publication passes. We move on to Resolution 2024-196, deny variance at 153 3rd Avenue Southwest. Over to Mr. Wanberg. [6:25] **David Wanberg:** Thank you Mayor and Council Members. The item in front of you is a resolution for denying a variance. The request is made by Cory Newby for property that's formerly known as the elementary school and church there on Third. [Explains map and Google aerials]. The request is for two different variances: a front setback for off-street parking (proposing 0 feet where 10 feet is required) and a variance for curbing. The applicant is not proposing to provide any curbing. [8:00] **David Wanberg:** The applicant has cited the historic character and the comprehensive plan supporting small businesses. However, when it comes to variances, we are focused on state criteria regarding "practical difficulty." We find it's not meeting minimum requirements. The Planning Commission voted unanimously to recommend denial of both. [12:20] **David Wanberg:** If there is an inclination to approve or compromise, we ask that you continue this discussion to the next meeting to provide staff direction. The applicant is here to answer questions. [13:00] **Council Member Ross:** Thank you Mayor. Sir, could we go back to the first map? Is that map from the applicant? [13:15] **David Wanberg:** Yes, that was an earlier site plan proposed by the applicant. [13:49] **Council Member Ross:** And if we go to the second map with the green shading—that's the city's version of how it could look and still meet requirements? [14:02] **David Wanberg:** Yes, correct. [14:15] **Council Member Ross:** Is there different zoning within the city? I know some commercial properties have solid surface all the way to the curb—the bowling alley comes to mind. But when they update, do they have to change? [14:48] **David Wanberg:** There is no zoning district that allows construction all the way to the property line except for perhaps the Central Business District. This property is zoned C2, so it doesn't enjoy that allowance. [15:40] **Council Member Ross:** I'm always the one trying to figure out a way to say yes, but similar projects have come before us and we didn't approve them without these requirements. [15:52] **Council Member Thiele:** Assuming in the resolution, it's just a typo in the third paragraph where it says 30 foot and then 10? [16:05] **David Wanberg:** Yes, it should be 10 for both. [16:34] **Council Member Thiele:** There are different options here. His option proposes no green space, ours proposes the 10-foot setback. If we deny this tonight, can we go back and figure out a compromise? [17:00] **David Wanberg:** The diagram you're referring to was a staff demonstration of how to put enough parking spaces on the property. [18:13] **Mayor Spooner:** We’ll open it up to the applicant if he has any information that is not in our packets already. [18:23] **Cory Newby (Applicant):** [The applicant speaks regarding the space, the 5-foot versus 10-foot options, the history of the property as a school playground, and the cost of curbing.] [26:19] **Council Member Ross:** You said if you utilized all the property you need 126 stalls. Where are you going to fit those? Even without the variances, you're still short. [26:44] **Cory Newby:** [Explains parking layout and the usage of the former playground area.] [28:06] **Council Member Ross:** Related question for Mr. Wanberg. What is there now? Is it a playground? [28:30] **David Wanberg:** I believe it's a hardtop playground. Playgrounds generally don't have the same setback requirements as a parking lot. [31:17] **Mayor Spooner:** This goes back to what I’ve been trying to do for the last four years, which is update our UDO (Unified Development Ordinance). There are situations like this—it was a school playground. I sympathize with him because the UDO can be expensive for businesses. Why can one playground have a parking lot right up to the curb but this situation can't? [32:56] **David Wanberg:** I can answer that. Part of it is environmental, part is avoiding issues with sight distance for sidewalks or ADA access. Also, screening—having green space and shrubs helps with things like headlights shining into residential homes across the street. [35:23] **Mayor Spooner:** I’d like to hear from the others. Adama? [37:12] **Council Member Doumbouya:** Did any member of the community show up for this item? [37:31] **David Wanberg:** No, Council Member. [38:18] **Mayor Spooner:** Can we find a compromise at 5 feet or 6 feet? [38:22] **David Wanberg:** Nothing has been formally submitted by the applicant for a compromise yet. [39:19] **Mayor Spooner:** I just think there’s got to be some common ground. [39:35] **Council Member Ross:** I can’t agree more with Tom. We should be able to find common ground. That space has been good enough for kids and families for years. My thought is, if we direct staff to work with the applicant, do we need to table this or deny it? [40:21] **Mark DuChene:** If you deny it, the applicant cannot come back for the exact same variance for 12 months. If you table it, you can discuss it further. [40:41] **Council Member van Sluis:** When I look at this, I wonder why you are looking at just the use of one building rather than the whole ball of wax? You know you need 126 stalls eventually. Why take this in such small bites? [41:50] **Cory Newby:** [Responds regarding the phased development of the building.] [47:08] **Mayor Spooner:** Director DuChene, if we wanted to table this, how do we proceed? [47:20] **Mark DuChene:** You could table it and discuss it at your work session next week on the 1st, then bring it back for the meeting on the 8th. [48:15] **Mayor Spooner:** One thing that always makes me nervous about variances is that they stay with the property. If we grant a zero setback and you sell the building, that variance remains. I would rather give a variance on the number of plantings than the setback. [49:25] **Council Member Doumbouya:** We need to make this clear. If we are tabling this, you have to be willing to work with staff to reach a compromise. [52:37] **Council Member Rowan:** I think it's great we're looking to compromise. Safety and on-street parking are the unique factors here for me. [53:44] **Mayor Spooner:** If I had to vote today, I would deny it. Green spaces provide pride in our community; pavement to the property line is harsh. Curbing helps with water flow and our MS4 permits. We need to find a compromise that includes that 10-foot buffer space enhancement. [54:57] **Council Member Ross:** I’d like to make a motion to table this. [55:04] **Council Member Rowan:** Second. [55:10] **Mayor Spooner:** Motion by Council Member Ross to table, seconded by Council Member Rowan. All in favor say aye. [Ayes]. Item is tabled. Mr. Wanberg will be in contact. We move on to the J&J Properties Comprehensive Plan and Zoning Map amendment. Over to Mr. Wanberg. [55:25] **David Wanberg:** [Explains the request for the 500 and 400 blocks of 20th Street Northwest to change from Industrial to Residential.] The Planning Commission debated this and ultimately voted 4 to 2 to deny. The area is transitioning, and nearby industrial owners have expressed interest in expanding. Re-guiding this to residential would hamper those industrial efforts. Staff recommends denial. [1:02:37] **Council Member Ross:** Thank you Mayor. I agree this area should remain industrial. I'm in favor of approving the denial. [1:03:52] **Mayor Spooner:** I’m also against rezoning these to residential. I don't like driveways on highways, and these houses would be sandwiched between a racetrack and industrial plants. Who wants to live there? It hampers the neighboring businesses. [1:04:54] **Council Member Thiele:** I agree, but I think of the houses behind Casey’s in a similar predicament. Is that area zoned residential? [1:05:40] **David Wanberg:** Yes, that is zoned residential. [1:06:02] **Council Member Doumbouya:** People buy houses next to an airport and then complain about the noise. We don't want to lose business or create that conflict. [1:06:39] **Council Member Thiele:** Council Member Spooner, are you thinking an apartment building there? [1:06:50] **Mayor Spooner:** Chuck, that was your fault... but yeah, I agree. We need housing, but there are better places with better quality of life than highway-frontage industrial zones. [1:07:36] **Council Member Ross:** With the opening of Twin Oaks North, we have lots of better places. [1:08:24] **Council Member van Sluis:** I'll make a motion to approve Resolution 2024-197 to deny. [1:08:40] **Council Member Ross:** Second. [1:08:41] **Mayor Spooner:** [Vote passes]. Now we need a motion for Resolution 2024-198. [1:08:46] **Council Member van Sluis:** I make a motion to approve Resolution 2024-198 to deny the zoning map amendment. [1:08:55] **Council Member Doumbouya:** Second. [1:09:02] **Mayor Spooner:** [Vote passes]. Move to Resolution 2024-194, adopting the 2025 preliminary tax levy. Over to Director DuChene. [1:09:15] **Mark DuChene:** This resolution replaces the previous one to fix a typo in the levy amount. The actual amount is $13,798,000. This is just a clerical cleanup. [1:10:23] **Council Member Thiele:** I'll make a motion to approve Resolution 2024-194. [1:10:35] **Mayor Spooner:** Second. [Correction: Mayor identifies the motion by Thiele, seconded by Ross]. Motion by Thiele, second by Ross. All in favor say aye. That passes. Resolution 2024-195, credit card policy. [1:11:05] **Mark DuChene:** We are adding our Utility and Street Superintendents and the City Clerk as approved carriers for City credit cards. [1:11:33] **Council Member Ross:** Thank you Mayor. We did this about four years ago for directors only, so this expands it to those specific positions? [1:11:50] **Mark DuChene:** Correct. [1:12:00] **Council Member Ross:** Make a motion to approve Resolution 2024-195. [1:12:04] **Council Member Doumbouya:** Second. [1:12:15] **Mayor Spooner:** [Vote passes]. Move to Resolution 2024-193, reject bids for Straight River water main crossing. [1:12:26] **Mark DuChene:** I am recommending we reject all bids. We only received two, and the low bidder had a clerical error and withdrew. The second bid was significantly over the engineer's estimate. We will re-budget and re-bid this winter. [1:14:15] **Council Member Thiele:** Will this affect the Viaduct Park project? [1:14:28] **Mark DuChene:** No, this is a separate package. It won't affect the park work already awarded. [1:14:58] **Council Member Ross:** I'll make a motion to approve Resolution 2024-193 to reject the bids. [1:15:05] **Council Member Thiele:** Second. [1:15:13] **Mayor Spooner:** [Vote passes]. Any project updates? Director DuChene, could you give us an update on the dam at the Woolen Mill? [1:15:28] **Mark DuChene:** Since the wing wall failure, we’ve been monitoring the rip-rap. We had a kickoff meeting with Homeland Security Emergency Management. Once we get a project manager assigned, we’ll understand funding sources for permanent repairs. [1:16:52] **Mayor Spooner:** I’ll preview that there's a big flea market sale coming up. [1:17:34] **Mark DuChene:** Mr. Mayor, if I could add—this is the last time we'll be on the 24th. The 5th is a huge day with the River Bend Nature Center open house and other festivities. [1:17:48] **Mayor Spooner:** Also, we just had the ribbon cutting at Twin Oaks. With that, I would take a motion and a second to adjourn. [1:18:22] **Council Member Doumbouya:** Second. [1:18:24] **Council Member Thiele:** Second. [1:18:25] **Mayor Spooner:** All in favor say aye. We’re adjourned. Good night and good luck.