Based on the context provided and the phonetic clues in the transcript, here is the formatted version with speaker names identified. **Note on Mayor:** While your list identifies Thomas J. Spooner as Mayor, the transcript roll call explicitly identifies "Mayor Bratek" as the presiding officer and "Spooner" as a Council Member. I have followed the transcript's roles for accuracy to the recording. [0:08] **City Clerk Heather Slechta:** Okay, you ready then? All right, here we go. We call the Tuesday, July 9th, 2024 meeting to order. We'll start with the roll call. Council Member Doumbouya? [0:15] **Council Member Adama Youhn Doumbouya:** Here. [0:16] **City Clerk Heather Slechta:** Ross? [0:16] **Council Member Royal Ross:** Here. [0:17] **City Clerk Heather Slechta:** van Sluis? [0:18] **Council Member Peter van Sluis:** Here. [0:19] **City Clerk Heather Slechta:** Spooner? [0:20] **Council Member Thomas J. Spooner:** Here. [0:21] **City Clerk Heather Slechta:** Thiele? [0:22] **Council Member Chuck Thiele:** Here. [0:23] **City Clerk Heather Slechta:** Mayor Bratek? [0:24] **Mayor Kevin Bratek:** Here. Please stand for the pledge. [All: Pledge of Allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.] [0:51] **Mayor Kevin Bratek:** All right, we'll move on to approving the agenda. Anybody have any changes or corrections they need to the agenda? Being none, I would take a motion and second to approve. [1:05] **Council Member Adama Youhn Doumbouya:** So moved. [1:06] **Council Member Royal Ross:** Second. [1:07] **Mayor Kevin Bratek:** Motion by Council Member Doumbouya, second by Council Member Ross. All in favor say aye. [All: Aye.] Opposed? Agenda is approved. Move on to presentations, introductions, and we got some police officer introductions tonight, so I'll invite Chief Sherwin forward for that. [1:22] **Police Chief John Sherwin:** Mayor, members... [Music] This is only our second meeting in here with all the new technology, so a few bugs. All right. Mayor, members of the Council, I'd like to take this time to introduce our newest police officers that have joined us. Officer Isaac Ken, if you can come forward, and Officer Billy Madsen, if you can come forward. We're actually a little late with this introduction, but trying to get schedules and things aligned made this the earliest possible date. Officer Isaac Ken started with us in January and he completed his field training program at the end of May. He's been on his own solo patrol ever since. He came to us—he's a Faribault native, BA graduate, Eagle Scout, correct? Attended Minnesota North College, that some used to be Vermilion College people commonly referred to it, majored in law enforcement wildlife studies. He came to us, even though this is his first law enforcement job, he worked for a time for the US Forest Service as a wildland firefighter out west. So he knows a little bit about hard work. He's been with us ever since and he's a great addition to the department. Officer Billy Madsen, a little bit different story—he comes to us with experience. He was a lateral transfer. He's worked in Montgomery, City of Le Sueur, and Waseca County. And so he started on February 19th. Yeah, February 19th. And then he only—his field training lasted nine weeks, so he's been on his own since the end of April. So these are our newest police officers. We're certainly happy to have them. And now, as we traditionally do, invite family members forward. Isaac, first, if you want to have your badge pinned on. Billy? Perfect. Thank you, gentlemen. If you want to introduce yourself to the Council and shake their hands. [4:15] **Mayor Kevin Bratek:** Congratulations and welcome aboard. Always a pleasure to see new faces, although we do like the old faces too, don't get me wrong. All right, we'll move on to approving the minutes of the July 25th, 2024 city council meeting and the July 25th, 2024 special city council meeting closed session, and the July 2nd, 2024 emergency city council meeting. Anybody have any changes or corrections that need made to those? Seeing none, I would take a motion and a second. [4:55] **Council Member Royal Ross:** So moved. [4:57] **Council Member Chuck Thiele:** Second. [4:58] **Mayor Kevin Bratek:** Motion by Council Member Ross, second by Council Member Thiele. All in favor say aye. [All: Aye.] Opposed? Imagine we don't [have any] on the clipboard. Okay, wonderful. No requests to be heard tonight. We'll move on to consent agenda items 6A through 6J. Anybody have anything they want pulled for discussion? None? I would take a motion and a second to approve those. [5:27] **Council Member Chuck Thiele:** [Motion]. [5:28] **Council Member Adama Youhn Doumbouya:** Second. [5:29] **Mayor Kevin Bratek:** Motion by Thiele, second by Doumbouya. All in favor say aye. [All: Aye.] Opposed? That passes. We have no public hearings tonight. We'll move on to items for discussion. Resolution 2024-125: Approve acquisition of 505 Central Avenue and authorize the execution of the purchase agreement. Over to Administrator Kinzer. [5:52] **City Administrator Jessica Kinser:** Yes, thank you, Mayor. This is a purchase agreement for 505 Central Avenue. This is one of the items that was on my to-do list to bring to completion upon starting, and we have that here before you tonight. Things to note with this item would be the closing date is in March 2025, so there is no associated budget amendment or anything that needs to go along with that. And just talking about, I guess, the future plans around that, which will come before you in the 2025 budget, is the city has no interest in actually keeping this building. So we would be looking to go ahead and demolish it and then extend that parking lot that is there. And so, but again, that'll be 2025 stuff, so we will be talking more about that. The purchase price has been negotiated at $166,800. [7:11] **Council Member Royal Ross:** Mayor Bratek, Council Member Ross, I'll make a motion to approve Resolution 2024-125. [7:20] **Council Member Peter van Sluis:** I second. [7:21] **Mayor Kevin Bratek:** Motion, second by Council Member van Sluis. All in favor say aye. [All: Aye.] Opposed? That passes. Move on to Ordinance 2024-11: Amend Chapter 17 of the Faribault City Code of Ordinances to regulate City Code violations within the city, first reading. Back over to [Kinzer]. [7:47] **City Administrator Jessica Kinser:** Yep. Chapter 17 in the Code of Ordinances is titled "Offenses" and then provides a number of different things that are offenses and remedies. This is adding a whole new section to that code chapter related to administrative citations. You all, with the Charter Commission, really laid the groundwork for this back in late 2023. And so this is really giving us the ability to issue administrative citations for items that we currently have as penalties or things that we can issue a citation for within the Code of Ordinances. This is certainly—this is only the first reading, so if approved, this would come back to you at the next council meeting for a second reading. But this is certainly not a done thing. There are still some other things that need to happen, including getting the Code Enforcement position in front of you for consideration before we get it posted, as well as, per the ordinance, designating employees who can actually issue administrative citations. I think that based on the conversation in the work session the other night, it would be good to at least have a future discussion about who should be the administrative hearing officer—is it the Council as a whole, or is it someone that we would seek to hire? And then we also need to adopt a fee schedule with this that we have not done yet. So this is really step one of multiple steps that need to happen. And so we recommend that you approve the first reading of Ordinance 2024-11. [9:18] **Mayor Kevin Bratek:** Okay, thank you, Administrator Kinzer. Talked about this in the work session at length, but overview of it... lots of details in there. Questions? [No response]. Be a motion and a second. [9:33] **Council Member Thomas J. Spooner:** Motion. [9:35] **Council Member Chuck Thiele:** Seconded. [9:36] **Mayor Kevin Bratek:** Motion by Council Member Spooner, second by Council Member Thiele. And this is a roll call. Council Member Doumbouya? [9:45] **Council Member Adama Youhn Doumbouya:** Here [Aye]. [9:46] **City Clerk Heather Slechta:** Ross? [9:47] **Council Member Royal Ross:** Aye. [9:48] **City Clerk Heather Slechta:** van Sluis? [9:49] **Council Member Peter van Sluis:** Aye. [9:50] **City Clerk Heather Slechta:** Spooner? [9:51] **Council Member Thomas J. Spooner:** Aye. [9:52] **City Clerk Heather Slechta:** Thiele? [9:53] **Council Member Chuck Thiele:** Aye. [9:54] **City Clerk Heather Slechta:** Mayor Bratek? [9:55] **Mayor Kevin Bratek:** Aye. That passes first reading. Move on to Ordinance 2024-12: Amend Chapter 16 to update notification and other requirements, first reading. Back over to Administrator Kinzer. [10:04] **City Administrator Jessica Kinser:** Yep, I'll be brief on this one. This is really just updating the notification requirements related to our nuisances as well as changing some simple language. As part of it, the ordinance does show—that is in the packet—the red line/blue line for what would be changing. And so for the most part, it's minor changes, except for in that notification section where it will fall more in line with what we've actually been doing versus what was there previously. [10:39] **Mayor Kevin Bratek:** Okay, thank you. Questions, comments? Always nice to update things to our actual practices. [10:44] **Council Member Peter van Sluis:** Mayor Bratek, Council Member van Sluis, I make a motion to approve Ordinance 2024-12. [10:52] **Council Member Royal Ross:** Second. [10:54] **Mayor Kevin Bratek:** Motion by Council van Sluis, second by Council Member Ross. And it's roll call. Council Member Doumbouya? [11:03] **Council Member Adama Youhn Doumbouya:** Yeah [Aye]. [11:04] **City Clerk Heather Slechta:** Ross? [11:05] **Council Member Royal Ross:** Aye. [11:06] **City Clerk Heather Slechta:** van Sluis? [11:07] **Council Member Peter van Sluis:** Aye. [11:08] **City Clerk Heather Slechta:** Spooner? [11:09] **Council Member Thomas J. Spooner:** Aye. [11:10] **City Clerk Heather Slechta:** Thiele? [11:11] **Council Member Chuck Thiele:** Aye. [11:12] **City Clerk Heather Slechta:** Mayor Bratek? [11:13] **Mayor Kevin Bratek:** Aye. [To Clerk] I say yeah, hi... you want to correct? You were in favor of it? Yes, yes. All right, that one passes first reading. It'll be back in two weeks. Move on to Ordinance 2024-10: Approve a zoning text amendment to allow laundry services in one zone, second reading. Over to Director Wanberg. [11:37] **Community & Economic Development Director David Wanberg:** Thank you, Mayor. This is the second reading, as you mentioned, to allow laundromats and laundry services as-by-right in the C1 neighborhood commercial zoning district. Since the first reading, the city has received no comments and we've made no changes to the ordinance. So we do recommend approval of the second reading and then by a separate action approving the summary publication. [12:09] **Mayor Kevin Bratek:** Terrific. Right, anybody have any questions, comments for this? We saw this two weeks ago, it's back again. [12:13] **Council Member Royal Ross:** Mayor Bratek, Council Member Ross, I'll make a motion to approve Ordinance 2024-10. [12:17] **Council Member Thomas J. Spooner:** Second. [12:18] **Mayor Kevin Bratek:** Motion, second. Voting in favor of it... [Roll call names: Doumbouya, Ross, van Sluis, Spooner, Thiele, Bratek all say Aye.] That one passes second reading. We won't see that one again. Now a motion and a second to approve a summary publication of Ordinance 2024-10. [Motions and approvals]. [12:50] **Mayor Kevin Bratek:** Stone Ridge Fourth Edition easement vacation. Director Wanberg, you doing both of these together? [13:00] **David Wanberg:** Yes, we can go through all of them together and you'll present them as they come. By way of background, the applicant, Rick Cashen, on behalf of the owner, Rick Cashen Construction Incorporated, is requesting to replat four twin home lots into three single-family residential lots in 1940, 1950, 1960, and 1970 13th Street Northwest. By way of location, the red star is the area—13th Street that runs east-west. The first street that you see to the west of that would be Bagley Avenue or Western. Here's an aerial photograph showing the four lots. They were originally designed as Twin Homes. The applicant does report that the Twin Homes are not selling at the same rate as the single-family homes, so would like to convert them. The request before you is to approve the primary and final plats. There's easements that run between the two Twin Homes and because you'll be eliminating that common lot line with the existing drainage and utilities, we need to vacate that area. The Planning Commission did recommend with a 7 to 0 vote approval. We did have one resident in the neighborhood who came to the meeting and just asked about the project and wanted to make sure it was okay drainage-wise; we addressed that issue, not a concern. [16:43] **Council Member Royal Ross:** Does Mr. Cashen own the outlot to the north of all these? [16:50] **David Wanberg:** Yes, he owns that. [17:24] **Council Member Royal Ross:** Mayor Bratek, Council Member Ross, I'll make a motion to approve Ordinance 2024-13. [Approved]. [17:50] **Council Member Peter van Sluis:** Mayor Bratek, Council Member van Sluis, I make a motion to approve Resolution 2024-138 approve the preliminary and final plats for Stone Ridge Fourth Edition. [Approved]. [18:36] **Mayor Kevin Bratek:** Kleeberger Riverview Ridge Edition preliminary plat, final plat, variance, conditional use permit. Back over to Director Wanberg. [18:38] **David Wanberg:** Thank you, Mayor. I will go through all three of them. The applicant is Cheryl and Don Kleeberger; they are present here tonight. The site is 1150 Quartz Circle. The Kleebergers found this 10-acre site—the former Eastman site—and purchased it for their single-family home. Parcel is 10 acres, in the R2 low-density residential district, and also in the Shoreland Overlay district. Because of the Shoreland Overlay and the topography, we are not able to simply issue a building permit. Crystal Lane is to the north with the Twin Homes. There's a private easement providing a driveway across this property to the Vanderine property. The ordinance requires it be platted because it was originally a metes and bounds lot. They are also asking for a conditional use permit (CUP) and a number of variances related to the Bluff Impact Zone. The DNR has a formula for what is defined as a bluff. Any development has to be set back 30 feet from the top of the bluff. As currently proposed, the house runs through that setback. We are required to send this to the DNR for review. They did review this and recommended that the City NOT approve the variance request. Staff feels strongly about this, and the Planning Commission unanimously recommended denial of the variance (Resolution 2024-140) but approval of the plat and the CUP (contingent on no variances). [37:15] **Council Member Adama Youhn Doumbouya:** Mayor Bratek, I just wanted to make it clear that my daughter nannies for the Kleebergers, so we just wanted to make sure there was no conflict of interest. [Staff confirms no conflict]. [38:02] **Council Member Royal Ross:** Director Wanberg, the easement is not only over the Kleeberger property, but it looks like it goes over another home's property—the very first twin home in that area, is that correct? [38:22] **David Wanberg:** That is correct. [38:25] **Council Member Royal Ross:** I need a little bit of education here now. We've had a lot of flooding. How does something like this—I mean, a lot of homeowners right now are depending on FEMA—where's the flood currently? [38:55] **David Wanberg:** The flood plane and the floodway are well away from the proposed house. It is significantly downhill. But the DNR's concern is the bluff—landslides or slumping when soil is saturated. [40:21] **Council Member Royal Ross:** If the City approves something like this, does the City take on any liability for issues? [40:40] **David Wanberg:** If we followed our laws and the process, we may not, but someone might still try to say the City played a role. We can't accept a waiver of liability because that's a violation of law. If we do grant a variance, we have to justify to the DNR why it was a unique situation. [44:32] **Council Member Royal Ross:** Even if we were to approve this, the DNR could still come in and stamp "deny" on it, correct? [44:45] **David Wanberg:** They could potentially stop construction or sue to have it removed. [46:21] **Council Member Thomas J. Spooner:** What we saw a few weeks ago with the Rapidan Dam, where the river eroded the bluff—you say this is not the case here because the river is too far away? [46:38] **David Wanberg:** In that case, it was the river running against it, but here it could be landslides from heavy rainfall. [47:10] **Council Member Royal Ross:** Would a retaining wall help? [47:20] **David Wanberg:** The applicant is proposing some, but the DNR says the Bluff Impact Zone is a "no touch" zone. [48:47] **Council Member Royal Ross:** If you look at the Vanderine address, I believe it is Lindale Avenue. I noticed years ago that 1300 Lindale Avenue address was terrible because I had to do a service call and it took me half an hour to find it. What would happen if you ever called 911? [50:38] **Council Member Peter van Sluis:** I'm a little bit concerned. I'm all about a house with a great view, but the impact to the slope is going to be my challenge. I'm not comfortable with the variance, but I am comfortable with the other two. [53:32] **Council Member Thomas J. Spooner:** [Motion to approve Resolution 2024-139 for preliminary and final plat]. [53:45] **Council Member Adama Youhn Doumbouya:** Second. [Approved]. [53:55] **Council Member Thomas J. Spooner:** [Motion to approve Resolution 2024-140 denying the variance]. [54:30] **Council Member Royal Ross:** Second. [Approved]. [55:20] **Council Member Thomas J. Spooner:** [Motion to approve Resolution 2024-141 for the CUP]. [55:25] **Council Member Chuck Thiele:** Second. [Approved]. [56:08] **Council Member Royal Ross:** No board announcements there, but would just like to extend a thank you. Buried in the consent agenda, we did approve 57 election judges tonight. Thanks to all those citizens that step forward. [56:40] **Mayor Kevin Bratek:** He [City Clerk Slechta] is in charge, answering all their crazy questions. 57 is a pretty significant number. [56:50] **Council Member Royal Ross:** I am going to excuse myself for next [meeting] in the middle of preparation for the Rice County Fair. [56:57] **City Administrator Jessica Kinser:** I just want to do a quick public service announcement for the community survey. 3,500 or 4,500 households got this postcard. This was sent to randomly selected addresses. As of this morning, there were 81 responses so far. The survey will be open until August 12th. An open survey for anyone who didn't get the card starts July 22nd. [58:29] **Mayor Kevin Bratek:** Rice County Fair starts next week. Wednesday at 1 p.m. is the official opening ceremony. [59:00] **Council Member Royal Ross:** We do have the International Festival. [59:10] **Council Member Peter van Sluis:** Yes, 11 to 3 at Central Park. It's been 17 or 18 years. Good food and entertainment. [59:16] **Mayor Kevin Bratek:** Saturday afternoon. Anything else? If not, I would take a motion and a second to adjourn. [Motions]. All in favor say aye. [All: Aye.] We are adjourned.