[0:05] **Mayor Thomas J. Spooner**: Ready. We call the Tuesday, November 26, 2024, meeting to order. Start with roll call. [0:08] **City Clerk Heather Slechta**: Council member Barnes? [0:12] **Mandy Barnes**: Here. [0:12] **City Clerk Heather Slechta**: Doumbouya? [0:13] **Adama Youhn Doumbouya**: Here. [0:13] **City Clerk Heather Slechta**: Ross? [0:14] **Royal Ross**: Here. [0:14] **City Clerk Heather Slechta**: Rowan? [0:15] **John Rowan**: Here. [0:15] **City Clerk Heather Slechta**: Thiele? [0:15] **Chuck Thiele**: Here. [0:16] **City Clerk Heather Slechta**: Van Sluis? [0:16] **Peter van Sluis**: Here. [0:17] **Mayor Thomas J. Spooner**: Please stand for the Pledge of Allegiance. [0:19] **All**: I pledge 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. [0:39] **Mayor Thomas J. Spooner**: Right. I need a motion and a second to approve tonight's agenda if there's no changes. [0:42] **Chuck Thiele**: So moved. [0:43] **Royal Ross**: Second. [0:44] **Mayor Thomas J. Spooner**: Motion by Thiele, second by Council Member Ross. All in favor say aye. [0:47] **Council Members**: Aye. [0:48] **Mayor Thomas J. Spooner**: Opposed? That passes. We have no presentations or introductions tonight. I need an approval of the minutes of the November 12th, 2024, City Council meeting and the November 19th, 2024, special City Council meeting. [0:59] **Royal Ross**: So moved. [1:01] **Adama Youhn Doumbouya**: Second. [1:02] **Mayor Thomas J. Spooner**: Motion by Council Member Ross, second by Council Member Doumbouya. All in favor say aye. [1:06] **Council Members**: Aye. [1:07] **Mayor Thomas J. Spooner**: Opposed? That passes. We're now to requests to be heard. We have one on the clipboard tonight. Mr. Olson, please come forward, state your name and address for the record. [1:18] **Y Olson**: Y Olson, I live at 906 Spring Road in Faribault. Um, I want to start by saying that my daughter and I moved here after she got to choose. We lived in St. Paul; we tried to choose a small, safer place, and Faribault has been beautiful. We love it here. I want to talk about public safety. There was an issue 12 days ago. Minnesota State Statute 169.34 regards prohibition on stopping and parking. A person shall not stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer, control device, or any of the following places: Number one, on a sidewalk. [2:00] That's what I want to talk about. 12 days ago, we were at Domino's Pizza. Never been to Domino's pizza here while it's busy. We got our free "emergency pizza," me and my six-year-old daughter. She was about to exit the vehicle parallel to the sidewalk. Out of the corner of my eye, I saw a light. Basically, she was almost struck by a Domino's pizza delivery driver driving on the sidewalk, driving way too fast. I attempted to call Domino's corporate and deal with this passively without getting my name out there, with no success. I called the police on Monday and made a report. The officer said she would stop by and talk to them and let them know that it's illegal and dangerous. I drove by the place the next day; they were still parking right on the sidewalk. Even when they don't have to, they park on the sidewalk. It's a petty misdemeanor. [3:00] Over 12 years they've been using and parking on that sidewalk. My daughter was almost struck by a 2,000-pound vehicle. It would be a totally different meeting had that happened. I'm sorry, I'm just brought back to public speaking. So, the police officer—I texted her from the number she called me from and I asked, "Did you go do this? Did you talk to them?" She said, "They're aware, I've let them know." I took to social media and I tried to just say, you know, this is appalling. Long story short, this is scofflaw at this point. They're just saying something needs to happen before someone actually gets hurt. My understanding, having spoken to a lawyer, is the city could be held liable if someone gets hurt because you guys aren't dealing with it. I wrote an email to the Mayor—I'm sure you're busy, I didn't get an email back. I don't want to be here, I don't want my name in a public forum, but I feel very strongly. I just want to put you guys on notice that if it doesn't change, in the hours of 5:00 and 7:00 every evening I'm available, I'm going to stand on that sidewalk so they can't drive on it. That's my First Amendment right to do so, and I'll do it until something changes. Thank you. [4:33] **Mayor Thomas J. Spooner**: Well, thank you. Thank you for coming and voicing your concern. I spent most of the day at the hospital, so I'll check my email. We’ll have staff follow up with that. [4:40] **Jessica Kinser (City Administrator)**: Yep. I don't see one from you, but we'll get it figured out. [4:43] **Mayor Thomas J. Spooner**: Okay. All right, we'll move on to Consent Agenda items 6A through 6AA. Anybody have anything they want pulled for discussion? Lots of things in there today—gambling, giving away some money, very well needed. [5:11] **Royal Ross**: I'll make a motion to approve Consent Agenda items 6A through 6AA. [5:21] **Chuck Thiele**: Second. [5:23] **Mayor Thomas J. Spooner**: I got a motion by Council Member Ross, second by Council Member Thiele. All in favor say aye. [5:27] **Council Members**: Aye. [5:28] **Mayor Thomas J. Spooner**: Opposed? That passes. Move on to public hearings. Approve currency exchange license renewal. Over to Ms. Slechta. [5:36] **City Clerk Heather Slechta**: Members of the Council, our annual currency exchange renewal. Per state statute, we hold this for public comment. Once again, we have a currency exchange on Central Avenue. Their application has been completed, their background check record has been found sufficient. If approved, I will send this off. [6:19] **Mayor Thomas J. Spooner**: Perfect. Thank you. Questions, Council? [6:21] **Royal Ross**: Thank you. I'm just curious—I read the list of things that this license enables them to do. Do they have to have a license to wire money? I'm just curious. [6:37] **City Clerk Heather Slechta**: I don't think so for that. [6:39] **Mayor Thomas J. Spooner**: They would have to have a license to wire at every bank. No, this is only for people that are not associated with a bank. All right, if there's no other questions, I need a motion and a second to open the public hearing on this item. [7:04] **Chuck Thiele**: So moved. [7:05] **Mandy Barnes**: Second. [7:06] **Mayor Thomas J. Spooner**: Motion by Council Member Thiele, second by Council Member Barnes. All in favor say aye. [7:10] **Council Members**: Aye. [7:11] **Mayor Thomas J. Spooner**: Opposed? Public hearing is open. If there's anybody that would like to come forward to state your name and address for the record if you would like to talk on this item... Seeing none, I'll take a motion and a second to close the public hearing. [7:22] **John Rowan**: So moved. [7:23] **Adama Youhn Doumbouya**: Second. [7:25] **Mayor Thomas J. Spooner**: Motion by Council Member Rowan, second by Council Member Doumbouya. All in favor say aye. [7:29] **Council Members**: Aye. [7:30] **Mayor Thomas J. Spooner**: Opposed? Public hearing is now closed. We'll take a motion on approving the currency exchange. [7:38] **Royal Ross**: Mayor, I'll make a motion to approve the currency exchange license renewal for Anna-Anda. [7:45] **Mandy Barnes**: Second. [7:47] **Mayor Thomas J. Spooner**: I got a motion by Council Member Ross, seconded by Council Member Barnes. All in favor say aye. [7:51] **Council Members**: Aye. [7:52] **Mayor Thomas J. Spooner**: Opposed? That passes. Moving to items for discussion. Resolution 2024-225: Authorize sale of property located at the southeast corner of the intersection of First Street Northwest and First Avenue Northwest. Administrator Kinser? [8:11] **City Administrator Jessica Kinser**: Yes, thank you, Mayor. This is something that has been talked about in my short time here, and we are finally getting this to the point of completion. This is the purchase agreement with Community Action Center to purchase the land for $1 to house a new construction project that we will discuss on the next item. City Attorney Scott Riggs has gone through this with Scott Wopata, their Executive Director, as well as their legal counsel. The goal here would be to close before the end of the year. [8:50] **Royal Ross**: Thank you. Yeah, I don't see it right now, but I know I read in there somewhere that CAC is still obligated to say that if they don't build on it, we get it back? [8:57] **City Administrator Jessica Kinser**: I'll let the City Attorney answer that one. [9:02] **City Attorney Scott Riggs**: I will jump in. Yeah, that is the intent. They're asking for that to be waived as soon as they start moving forward with the project, which is typically what we do. So yes, it is covered in the agreement. [9:15] **Royal Ross**: All right, thank you. [9:18] **Mayor Thomas J. Spooner**: If not, I would take a motion on the resolution. [9:27] **Adama Youhn Doumbouya**: I make a motion to approve Resolution 2024-225. [9:30] **Mandy Barnes**: Second. [9:32] **Mayor Thomas J. Spooner**: Motion by Council Member Doumbouya, second by Council Member Barnes. All in favor say aye. [9:36] **Council Members**: Aye. [9:37] **Mayor Thomas J. Spooner**: Opposed? That one passes. Move on to Resolution 2024-224: Approve deferred loan agreement with Minnesota Housing Finance Agency for the construction of workforce housing. Back over to Administrator Kinser. [9:53] **City Administrator Jessica Kinser**: Yes. So, related to the CAC project and the site for the purchase agreement that you just approved, we applied on their behalf for a deferred loan through Minnesota Housing and we were awarded $487,000. This is the contract that we as the City need to sign with Minnesota Housing to make this active. The piece that is not before you tonight is the subsequent agreement that we would need between us and CAC, knowing that CAC would be performing on our behalf and that we would have the ability to claw back should something not happen. I think the risk there is very, very small. I can share that there was a $7,000 loan origination fee on this, and CAC has already sent Minnesota Housing the check. Scott Wopata shared that he's hoping they're breaking ground this spring of 2025. They are definitely planning to move forward with the project of the six units dedicated towards emergency housing. [11:00] **Mayor Thomas J. Spooner**: Perfect. Questions on this? Seeing none, take a motion and a second to approve. [11:04] **Adama Youhn Doumbouya**: So moved. [11:06] **Royal Ross**: Second. [11:08] **Mayor Thomas J. Spooner**: Motion by Council Member Doumbouya, second by Council Member Ross. All in favor say aye. [11:11] **Council Members**: Aye. [11:12] **Mayor Thomas J. Spooner**: Opposed? That one passes. Move on to Resolution 2024-242: Approve amendments to the developers agreement between Corey Lee Newby and the City of Faribault. Over to Director Wanberg. [11:34] **Community & Economic Development Director David Wanberg**: Thank you, Mayor and Council. In October, the Faribault City Council approved Resolution 2024-205. The development agreement has been signed by the City and Corey Newby. Number two, the developer has paid all required fees associated with the agreement. Number three, the developer has fulfilled all other requirements in the agreement to the satisfaction of the City. Mr. Newby has stated that he will not sign the developers agreement nor pay the escrow until he knows the extent of the work required for the building permit. [12:20] I want the Council to know the building division is reviewing the building permit as we speak and has been looking at the building permit plans. Mr. Newby hopes to obtain a building permit as soon as possible. He is trying to get open as quickly as possible and is requesting that the developer agreement be amended to allow him to sign the development agreement after a building permit is issued, but before a temporary certificate of occupancy is issued. He's also requesting that the escrow not exceeding $5,000 be submitted at the time of the certificate of occupancy to help advance this project in a timely fashion. I'm recommending this; it's a reasonable approach to allow this to keep moving. The resolution before you basically allows us to modify the language in the development agreement to allow for Corey Newby to keep continuing to get his building permit, provided he signs the agreement and pays the escrow before the temporary certificate of occupancy. I'm happy to answer any questions. [14:16] **Mayor Thomas J. Spooner**: Okay. Sounds like he's still working on it but moving. Council Member Ross? [14:18] **Royal Ross**: Thank you, Mayor. I'd just like a clarification to make sure I understand correctly. So, he'll get a building permit so he can start on that process, but he will not be issued a temporary certificate of occupancy until he signs the developers agreement? [14:32] **Community & Economic Development Director David Wanberg**: That's correct. And that just protects the City, it protects him, and it clarifies all of the responsibilities. [14:41] **Royal Ross**: Thank you. I just think the City Council should be commended for how much they are working to help this gentleman get his business up and running. In my four years, I haven't seen so much backbending by the City or the Council to help somebody, and I think it's commendable. We should be proud of ourselves. [15:15] **Mayor Thomas J. Spooner**: Okay. Any other? With that, I'll take a motion on the resolution. [15:23] **Royal Ross**: Mayor, I'll make a motion to approve Resolution 2024-242. [15:46] **Mandy Barnes**: Second. [15:48] **Mayor Thomas J. Spooner**: Motion by Council Member Ross, second by Council Member Barnes. All in favor of this resolution say aye. [15:52] **Council Members**: Aye. [15:53] **Mayor Thomas J. Spooner**: Opposed? All right, that one passes. Any more bids tonight? None. Boards and commission reports, announcements, project updates? Anybody got anything? [16:03] **Mayor Thomas J. Spooner**: This coming Saturday is Winterfest. Thursday night, the Mayor will bring Santa Claus down to Buckham West Library for stories. Saturday is the light festival, and Friday is music downtown and the window decorating competition. Then December 14th, we're planning for another Coffee with Council. Details are not solidified yet, but should be shortly. Any other comments? Seeing none, I would take a motion and a second to adjourn. [16:47] **Adama Youhn Doumbouya**: So moved. [16:49] **Chuck Thiele**: Second. [16:51] **Mayor Thomas J. Spooner**: Motion by Council Member Doumbouya, second by Council Member Thiele. All in favor say aye. [16:54] **Council Members**: Aye. [16:55] **Mayor Thomas J. Spooner**: Opposed? Good night and good luck.