This transcript features **Mayor Spooner**, **City Administrator Jessica Kinser**, and various **City Council members**. Based on the context of the meeting and the names provided, here is the attributed transcript. [6:09] **Mayor Thomas J. Spooner:** I can't hear it. So, >> be close to it. >> Yeah, they're not very sensitive. >> Okay, great. Helpful. [6:15] **Piper Nelson:** Uh, my name is Piper Nelson and I live off of uh Circle Lake, so it's just a few miles from the proposed data center site. Um, how does the Archer Data Center position itself to improve the local, economic, cultural, environmental, or social health and well-being of Farbo and surrounding communities? The answer is it doesn't. The amount of full-time employees required for a data center will vary based on the level of automation, the end user, and the services provided. With a data center of this size and consideration of modern technology most likely to be used within the facility, we can expect this entire 500 square foot site to produce a few dozen permanent full-time jobs. [7:00] **Piper Nelson:** And uh with some of those jobs being outsourced to non-local residents or individuals, the data center will generate relatively few jobs compared to the cost of building and operating of this site as well as the amount of land it will occupy. In comparison, the Geneo Turkey plant in Farbo is roughly 140,000 square feet and employs 600 people. Tax abatements. The Archer data center would be qualified to receive sales tax exemptions on computers and servers, cooling and energy equipment and software. This sales tax exemption lasts 35 years. Data centers and the Archer data center in particular could become obsolete before we even realize those those tax benefits that data centers claim to provide to communities they reside in. [7:50] **Piper Nelson:** Uh we all know that data centers can consume massive amounts of energy. The Archer Data Center estimates a daily consumption value of 120 megawws. On their site, I could not see if this was 120 megawatt hours or if it's just 120 megawws, but there's a huge difference between those numbers. The new energy action plan approved by city council in October 2023 is supposed to help guide the city in making high impact progress to decrease emissions from energy through clean energy and efficiency prog projects in the community. The city's goal is to avoid an additional 50% of energy related greenhouse gas emissions while saving the community energy and money. The impact of reaching this goal is that the city is expected to avoid spending an additional $5.6 6 million on energy bills. Data centers massively increase energy demands and use diesel generators for backup energy energy generation. [8:46] **Piper Nelson:** Additionally, the en the Archer data cent's website states the proposed Farbo site will have a natural gas capacity of 36,000 decurs per day. [8:55] **Mayor Thomas J. Spooner:** 15 seconds. [8:56] **Piper Nelson:** Oh, thank you. One decayer is 10 thems,000 therms. The new the city's new energy action plan explicitly calls out natural gas as one of the target greenhouse gas emissions. The city of Farbo intends to avoid emitting more of and additionally the cost of living is an important issue to all Americans. Among some of those costs are utilities. Every location where a data center has been erected across the US has resulted. Thank you. [9:27] [applause] [9:28] **Mayor Thomas J. Spooner:** Thank you all. Uh but this could be a very long process just so you know be years. So all right we're moving on. Uh number six consent agenda items tonight we have 6A through 6R. Would anybody like it? See none I would entertain a motion. [9:51] **Council Member Peter van Sluis:** Spooner. [9:52] **Mayor Thomas J. Spooner:** Yes. [9:53] **Council Member Peter van Sluis:** I make a motion to approve consent agenda items 6A through 6R. [9:57] **Council Member Adama Youhn Doumbouya:** Second. [9:58] **Mayor Thomas J. Spooner:** Motion by Vance Loose [Van Sluis], second by Don Buouya [Doumbouya]. All those in favor signify. [10:07] **City Council Members:** I. [10:08] **Mayor Thomas J. Spooner:** All opposed. Motion passed. Public hearings tonight, we have none. I'm going to pause for a moment if anybody wants items for discussion. 8A resolution 2025 adopting our strategic plan. Jessica Kzer [Kinser], city administrator. [10:25] **Jessica Kinser:** Yes, I feel like we've talked a lot about this, so I'll keep my remarks very brief of this is the document that you have attached is really the culmination of many months of work with Allison Bernett as well as you as the elected officials of the city, the leadership team and employees from various departments across the city. And so, uh, we've got a new vision, mission, and new set of values that are coming out of this as well, but also, uh, multiple goals that are there. And so, I I the big thing is this is not the last time you see this. Um, I'm hoping to have kind of an update of, you know, even though we're adopting this for 2026 to 2030, there's been some work happening in 2025 and give you an idea of where things where things are um at the beginning of January for where we in 2025 and get your input on uh what are the priorities for 2026. So, more to come on that. It will be something that we talk about at least here quarterly and potentially more often. But, thank you all for the participation in this. I feel really proud of the document that we've come up with and the plan that we've come up with and uh I I look forward to working with you on this in the future. [11:45] **Mayor Thomas J. Spooner:** Any discussion or questions for staff at this point in time? [11:48] **Council Member Adama Youhn Doumbouya:** So, if any resident want a copy, will you get a printer copy and how they can access the plan online? [11:55] **Jessica Kinser:** Yes, I still have to work with Brad on that, but we're going to build out like a special page on our website where this information will be available along with quarterly updates and some of the data that we have to try and track. Um, uh, we have we'll probably do a limited printing. Um, but we haven't discussed that and how many that we'll probably do, but if there is anybody that is interested, uh, we would be able to provide a printed copy eventually and we'll probably take some to future council chats and things as well. [12:27] **Mayor Thomas J. Spooner:** Okay. At this point in time, I'll entertain a motion. [12:29] **Council Member Chuck Thiele:** So moved. [12:30] **Council Member Adama Youhn Doumbouya:** Second. [12:31] **Mayor Thomas J. Spooner:** Motion by Teal [Thiele], second by Don Buouya [Doumbouya] to approve the rule 20. Signify by saying I. [12:41] **City Council Members:** I. [12:42] **Mayor Thomas J. Spooner:** All opposed. Motion passes. Next item is Ivy Hills Ivy Hills Senior Center. Um Leslie McGiller. [12:58] **Leslie McGiller (Staff/Planner):** Thank you very much, Mayor and Council. Thank you so much for the the entrance. I'm very pleased to bring for you today the Ivy Hill Senior Care facility application to expand their existing center. Um the applications include a zoning map amendment of preliminary and final plat conditional use and three variances. Oops, one back. [13:21] **Mayor Thomas J. Spooner:** And of course, just you are going to go through all of these in one presentation. [13:25] **Leslie McGiller:** I'm going to go through them all and then we'll have a nice summary page at the end that gives all of the recommendations. So, thank you for pointing that out. So, the applicant is Mackenzie Ramsey and the applicant is here this evening along with her consultant and her business partner um of Ivy Hill for Senior Care LLC. The the location that's currently functioning is at 607 Avenue Northwest and the location here is just a little bit north and west of the center of town. very location in that city center. [13:58] **Leslie McGiller:** Um the application involves a combination of four separate parcels that have you might some of you might recognize this as the site of a former funeral center that has the existing parking lot that served that facility. The property to the east is also was a former care facility um and that has recently been demolished. You may be aware. um the little tiny lot to the north and the east that is the location of the current garage which is proposing to be located on the site. So the zoning map change we're allow we're the request has been from the applicant to change the zoning of the property from an R3 to an R4 which facilitates the project to combine and replat all of the properties to for development efficiency and under R4 this is the real key for the conditional use permit facilitate the existing residential care facility which expands the existing 16 patients to a total of 32 in total. The variances include an accessory set structure setback reduction, a parking setback reduction, and the land transition area plant. [15:07] **Leslie McGiller:** Go through this rather quickly. The zoning map amendment here is the proposed after versus the prop the previous R3. As you can see, there is not directly adjacent any R4 properties. However, but being that it is contextually very similar of the surrounding area, we feel it is appropriate to recommend approval. Noted the preliminary and final plat. The preliminary to the left on the page and the final plat to the right. Um the the consolidation of four parcels into a single developable parcel will help facilitate that expansion of the existing facility. As you may be aware, the you cannot expand a building across existing property boundaries and this will also combine very succinctly the whole center for the parking the condition use permit. So this is um right now the center does serve 16 persons. So that is an existing this is a bit of a kind of hard to navigate here. the former center on this parcel [16:18] **Leslie McGiller:** to the this was actually to the east north is the left of your screen um had a conditional use permit also serving as a care facility. So when you're looking at this as an expansion please know that this served approximately 26 individuals at one time as two separately functioning residential care facilities. The combination with the allowance of having it be proposed to up to 32 really only gives you a net game of six additional residents for the center. This is the two layouts of the interior floor plans. The gray is the existing center. The interior layout which provides a little bit more um residential apartment style look um and the roof line from the second floor. [17:09] **Leslie McGiller:** illustration on the right hand side of the page. So, and this again are illustrations provided by the applicant's consultant. So, you can see that the size and the scale and the roof line and the materials used in the facade treatments, they are that residential field feel with the siding and rock face. And while they aren't exactly apples to apples as far as identifying the roof line, they still have that residential pitch which are in keeping with the surrounding. [17:42] **Leslie McGiller:** So the variance requests dialing it down into what we're proposing. Um one resolution proposes to incorporate both the parking setback and the detach garage. So and I a little bit background too. We did have some public comment um pertaining to the step back in the variance requests. Um we had the applicant and the adjoining neighbors to the north and east of the property um were not in agreement where the garage was originally proposed. However, through in-person meetings, discussions, and um the amended plan you see before here is the result of those um discussions. And the allowance here created a larger green space to the south of the garage to surround the proposed trash enclosure. And with that uh garage location, it did expand marginally a little bit greater area for the setback for the parking lot um from the north and eastern property line. So ultimately the request is um or from a a 10- foot requirement for parking to five inches and for the garage where again [19:02] **Leslie McGiller:** well that should should in a in a perfect world would be 10 feet but because it's a redevelopment site we understand their constraints um it's 59. So, the additional feedback um this wasn't didn't wasn't wasn't a total out of the park win, let's put it that way, from the public. Um how so in in that respect, there was concern about constriction of emergency vehicles and um any of the service vehicles that might come through the site. So the applicant um provided at our request this turning radius diagram which shows one of the larger semi structures which may or may not occur but it does show that there is navigation ability for this type of facility is this type of of semi to go through the parking lot. um further um request of the of information from our city fire chief to verify that uh health and safety vehicles, emergency responders can access the site. And he went out with a tape measure and um did his due diligence and reported back that that it is able to be served which we reported the landscape request. So, the landscape ordinance has a specific language related to transitional areas, areas that are in between two different categories of of use. In this instance, [20:36] **Leslie McGiller:** where you see the circle with the lighter um green area, that is singularly just a fence and lawn. The reason for that is somewhat in response to the discussions with the adjoining neighbors. The area that you see that's a little bit darker green and has more circular plantings. There was concern by the neighbors about the the density of screening and the amount of plant material. So in response to that request that is why there is a concentration of probably more upright screening material adjacent to the parking lot specifically. Now, that doesn't mean that the applicant can't put more landscape in as time goes on. However, this is the the the variance request allows that discretion to manipulate a little bit the concentration of the landscape to for the for the good of the project. [21:36] **Leslie McGiller:** So, in summary, I'm that these we have a recommended approval for all of these. The recommended approval of ordinance 2025-16. It approves a requested zoning map amendment to an R4. The recommended approval for resolution 2025-285 recommends approval of the preliminary and final plat of the Piper Ramsey edition. recommended approval for resolution 2025-286 appro approves the cup allowing 17 or more patients in a residential care facility and recommend approval for 2025-287 approving parking and accessory structure setback variances um related to the residential care facility use and the Piper Ramsey edition plat finally the recommend approval for the resolution 2025-288 which approves the variance to allow allow limited modifications for the required landscapes. So the applicants as I mentioned are here today. I'm happy to answer any questions you may have and as they are in to in support of their project. [22:42] **Mayor Thomas J. Spooner:** Any questions for staff? [22:44] **Council Member:** Yes. So on item three resolution 2025-286 you mentioned serving 17 or more. What is the probability of the or more? [22:56] **Leslie McGiller:** That's the target number. Well, that that combination with the two properties the that is the more allows it to at this conditional use permit to 32. [23:06] **Council Member:** 32. [23:07] **Leslie McGiller:** Yep. But that's the that's the threshold for when you need a cup in our ordinances starting at 17 and above or 16 17 and more. [23:17] **Council Member Adama Youhn Doumbouya:** So for the applicant, is there a currently shelter or basement for the residents if bad weather or something occurs? How how do you resolve that? Now, [23:31] **Mayor Thomas J. Spooner:** can I ask you to come to the microphone, please? [23:37] **McKenzie Ramsey:** McKenzie Ramsey. I'm the owner of Ivy Hill Senior Care. I live out on Co Trail, but Ivy Hill is 607 Avenue. Um, so our current building has three levels and on the lower level, um, there's living space also, but there's room for, um emergency shelters for like tornadoes and things like that. [24:00] **Council Member Adama Youhn Doumbouya:** Okay, perfect. Thank you. Nothing further. [24:05] **Mayor Thomas J. Spooner:** Any other questions for the applicant or [24:10] **Council Member John Rowan:** I just have a question for staff. Um, in the accessory structure, were those were those changes made after the planning commission meeting? [24:16] **Leslie McGiller:** No. [24:17] **Council Member John Rowan:** No, they were made before. [24:19] **Leslie McGiller:** No. And and to expand on that, so if you may have not familiar, they had applied um for a much earlier planning commission meeting, but we wanted to take they graciously gave time and extended the 60-day rule and allowing us to have that meeting with the neighbors to take place in advance so that when we came to planning commission, it was the summation of what the discussions resulted in. [24:48] **Council Member Chuck Thiele:** staff. Um, currently they're on the northern end facing seven that need to be replaced between the residential property. Yes. [25:05] **Leslie McGiller:** So, yes. So everything will be refreshed with right now the specifications call for a six-foot composite privacy fence but that that changes the the approval is that it become a privacy fence. We're able to it will have to step down in where it is adjacent other front yard requirements to be at less than that. But for for right now yes it's intended that all those privacy fences become new and refreshed. will be taller than what's [25:34] **Council Member Chuck Thiele:** I don't I couldn't tell you what the existing one is but the the maximum allowed through our ordinance is six feet. [25:40] **Mayor Thomas J. Spooner:** Any other questions for staff I have none just as I would like to add one comment did passence before regarding believe that advice. This time I'll entertain a motion starting off with the ordinance. [26:24] **Council Member Peter van Sluis:** Mayor Spooner. [26:25] **Mayor Thomas J. Spooner:** Yes. [26:26] **Council Member Peter van Sluis:** I make a motion to approve ordinance 2025-16. [26:30] **Council Member Adama Youhn Doumbouya:** Second. [26:31] **Mayor Thomas J. Spooner:** A motion by Van Sloo [Van Sluis], second by Don Booya [Doumbouya] of ordinance 2516. Call member Barnes. [26:41] **Council Member Mandy Barnes:** Hi. [26:42] **Council Member Adama Youhn Doumbouya:** Hi. [26:43] **Council Member John Rowan:** I. [26:44] **Council Member Chuck Thiele:** Hi. [26:45] **Mayor Thomas J. Spooner:** I passes. On to number two, resolution 2025-285. [27:00] **Council Member Chuck Thiele:** Spooner, make a motion to approve resolution 2025-285. [27:04] **Council Member John Rowan:** A second. [27:05] **Mayor Thomas J. Spooner:** Motion by Teal [Thiele], second by Ran [Rowan] to approve the signify by saying I. [27:11] **City Council Members:** I. [27:16] **Mayor Thomas J. Spooner:** All opposed. That is also passed. Item number three, resolution. [27:21] **Council Member John Rowan:** Mr. Punter [Mayor]. [27:22] **Mayor Thomas J. Spooner:** Yes. [27:23] **Council Member John Rowan:** I make a motion to approve resolution 2025-286. [27:27] **Council Member Mandy Barnes:** Second. [27:28] **Mayor Thomas J. Spooner:** Motion by Rowan, second by Barnes. All those in favor signify by saying I. [27:33] **City Council Members:** I. [27:36] **Mayor Thomas J. Spooner:** All opposed. That also passes. Item number four, resolution 2025, parking and accessory structures. [27:44] **Council Member Adama Youhn Doumbouya:** I make a motion to approve resolution 2025. [27:48] **Council Member Mandy Barnes:** Second. [27:52] **Mayor Thomas J. Spooner:** Motion by Don Buy [Doumbouya], second by Barnes to approve the parking. All those in favor signify by saying I. [28:01] **City Council Members:** I. [28:03] **Mayor Thomas J. Spooner:** All opposed. Motion passes. Five. Resolution 288. To approve variances and resolution 2025. [28:16] **Council Member Adama Youhn Doumbouya:** Motion. [28:17] **Council Member John Rowan:** Second. [28:20] **Mayor Thomas J. Spooner:** Signify by saying I. [28:22] **City Council Members:** I. [28:24] **Mayor Thomas J. Spooner:** I two has passed. Congratulations. Next item is C and tonight resolution 2025-301. Establish a permit parking for Henry M square. Jessica Kinszer [Kinser], city administrator. [28:44] **Jessica Kinser:** Yes. Um I will just first upfront say this was added to the agenda very late. Uh there was a parking agreement that was sent out to the developer and to um the tenant on Monday by our city attorney. There was feedback received yesterday that was incorporated and then feedback that was received um today kind of late in the day. um and we weren't able to get a response back to them until very close to 5:00 p.m. Um I did add to the resolution that if there would be any changes from the developer or tenant that would not be substantive changes that that is something that staff would have the ability to do. But if there's anything that is changing this um drastically, that would be something that would need to come back to you. Um, so what's basically proposed is a 2020 or a 25-year lease um for permit parking Monday through Friday 8 to 5:00 pm. Um, with there being 90 permits that the city would purchase and provide to the developer tenant and then they would be the ones responsible for issuing those permits and keeping track of the records of who has those permits and providing that information to the city of Farbo. [29:43] **Jessica Kinser:** Uh this would be open for public parking anytime after 5:00 pm or on the weekends. Um where things are kind of getting a little weird um is that uh Scott had brought up some some changes with um not really allowing for sort of termination uh without mutual consent. um would be that we could be looking at taxability of the property and it's never been our intent that this would create a tax liability for us where we'd be paying property taxes. So, one of the things that's been added that the developer and tenant have not had a chance to provide comment on due to kind of the ongoing nature of this um was that uh uh any property taxes would be the responsibility of the developer and the the tenant should that be something that would happen in the future. So looking ahead for us, we're all trying to protect ourselves, you know, in a long duration agreement that we're looking at. We don't want any unexpected surprises that the county might look at this agreement and say something completely different. Um, but effectively what you have here is really establishing the the permit parking aspect of this and how it would be handled. And I think we're really just down to some fine details on things. [31:04] **Jessica Kinser:** Um, a few just other little things to note because this is kind of one of the final things coming your way. One of the things that they had added was really access to the property during construction. Um, I asked that that be removed and that come back forward to you as a separate sort of access agreement knowing this is a 25-y year parking agreement. We don't need to mess it up with um one little thing that's going to be a year or so um in terms of access. We also don't own the property currently. It is still in the hands of the county. The county has not transferred it to us and I have not had a recent conversation about when that transfer would occur. So, I got a little hesitant about including something about construction access and an agreement when we don't own the property yet. So, you will still see one more step coming forward. I hope that tonight is something that um we've got it kind of laid out of what our concerns are um meeting kind of the things that they've laid out as things that they would like to see related to the duration and termination of the agreement um and waving some language there. So, I I hope we're in a good spot. Um, and if not, this might be something that would come back to you on a special meeting on the 18th or a special meeting on the 25th, depending on where we would be on getting this done. But our goal is to keep this moving and keep it moving forward as quickly as possible. [32:26] **Council Member John Rowan:** I think we're being premature on this. I think we should table this and send it back to committee for further complete and I understand your reasoning but that's just how I feel about it any moving pieces to proceed. I was thinking about something like not not complete. It is just not [33:04] **Council Member Adama Youhn Doumbouya:** what's the reason that it comes up now? Why can't it wait? [33:07] **Jessica Kinser:** It's tied into the closing on the property. And so that is where uh we were really trying to hit tonight's meeting. um especially knowing that we had another day kind of this week and it just comments you know coming from multiple parties. We don't always all get them at once and so and then for us to respond takes a little bit of time when we have to get you know our city attorney on a call to kind of go through some of the things and today just kind of it ran it ran short. So, um, what's before you is what was our kind of final rendition that we we put back to them via email at like 5:10, um, this evening. And so, there was no expectation that they'd be able to provide comment or that we'd be able to substantively get to probably something other than them saying yes um, if that was something they were willing to do, but knew that was going to take time to to review on their part. [34:02] **Council Member John Rowan:** I'm more troubled by the 25 years. [34:15] **Mayor Thomas J. Spooner:** Is already stated that we want this parking lot for the element of a office building on this property. life insurance policy, I don't know, 25 years [laughter] [34:44] **Jessica Kinser:** and and that is one of our our kind of sticking points on this. And so what what does exist in this is that they they have to get the city council or a future city council's consent to assign. So the tenant is listed in here and so if the tenant is no longer going to be party to this agreement, it's a new tenant, that would have to come forward to the city council for you to consent to at a future. [35:10] **Council Member John Rowan:** All right. [35:11] **Jessica Kinser:** Yeah. And so um there and then there'd be a discussion at that point of whether you would withhold intent, but the their argument is that they're building this building and making a a 25-year investment. I think that runs concurrent with the the lease, the full lease terms that they have. Um, doesn't get into some of the earlier options that I think exist on that lease. And so, we're looking at it as the full terms of their lease. Um, and not just kind of the the beginning or the first time that there's an opt out of the lease. [35:36] **Council Member John Rowan:** Right. I'm I'm happy with that explanation. [35:40] **Council Member Adama Youhn Doumbouya:** Comments, questions? It makes me want to ask the next question. If if there is an exchange of hands within that time frame, then we can what if it's an exchange of partnership or but the name of the company remain uh that would probably not change anything. It's it would be if it's a new LLC who would be the developer or the tenant. And so um and developer is really interchangeable here with owner. Um, those would be the things that would need to change to really sort of bring this back where the council would have to um consent to a change. [36:26] **Council Member Adama Youhn Doumbouya:** So if it is not a [36:28] **Jessica Kinser:** uh I I honestly don't know. I I would assume based on previous things that they have brought forward to you that I this might stop the project. Um I I think that's kind of the biggest level of of um impact is that it doesn't move forward until this is resolved. Um I think then that would be the point where we'd probably want to go back to the table and just say does this need to be a public parking lot if it's not something that's going to move forward. But if we're going to move forward with us being you know permit parking some sort of parking agreement needs to be approved. [36:58] **Council Member Adama Youhn Doumbouya:** Is there any way we can have a special session from this after our work session. [37:13] **Jessica Kinser:** Our work session. Yeah, I mean if it certainly is possible. I mean that that was kind of something that was out there as a if they wanted to make substantial changes to what was presented kind of as our last pass that was going to come back to you anyways. So, um that's that's where uh that sort of hangs out there even with your approval um here tonight if if that's something you want to do is that if they don't like the final the terms that we presented then it would be coming back to you again because that would be a substantial change. [37:44] **Council Member Chuck Thiele:** Yeah. What's that? [37:46] **Mayor Thomas J. Spooner:** I'm in the motion. That would be well I don't want to see all this work and all this project getting hung up on of all things come too far. This is our goal is to have an anchor tenant an office building a corporate headquarters downtown would be would be very disappointed. So I think there's ways that you can change it. You could negotiate a change very friendly with discussing it with them. What there's needs to be a change open for negotiations. So I would like to see it move forward. [38:43] **Council Member John Rowan:** Yes, Mr. Ro [Rowan]. I would caution rarely in life is rushing to the door a good outcome. Best intentions set aside. That's what we're doing. We're rushing ahead. We don't know what the county's position is on this. You brought up the potential for tax liability. You can bring it forward, but I I think it needs further discussion and I don't think six days, seven days is going to break the deal. I don't. [39:27] **Jessica Kinser:** Yes. One one thing to point out is there has been a a parag any concerns about tax liability are essentially alleviated with paragraph 23. That is what protects us. That's the language in there that protects us. So at this point it doesn't matter if the county says that you know we are tax ex or tax exempt or not on this. They would be the ones that would have the liability for the taxes. So that should be something that this agreement that's in front of you tonight would take care of that. I think probably would be if they want any changes to that paragraph that's going to be a substantial change that's going to come back to you anyways. And so I think that's something that I don't know what their response will be to that paragraph, but that was what um our city attorney felt was going to be necessary to protect us um just given the length and duration and um could this be seen as not being a public parking lot um and a leased parking lot by the county. So So I do feel like that that is alleviated with the the draft that's before you tonight. The draft that is before you tonight is what Scott Riggs has drafted as of like 4:50 something this this afternoon. So this incorporates some of their changes which we were willing to incorporate and then adds in some of our changes. The only thing that hasn't happened is the developer review of what's on your agenda tonight. [40:38] **Council Member John Rowan:** This just for the record was drafted by Scott Riggs. [40:42] **Jessica Kinser:** Correct. [40:43] **Council Member John Rowan:** Correct. All right. And on more [40:50] **Council Member Peter van Sluis:** um I guess I we've been talking about this for a long time. Guess rushing into anything at all and I I think with things we have in place that if they want to make any changes then we'll just see it on Tuesday. So let's I I I'm in favor of this. [41:09] **Council Member Peter van Sluis:** Mayor Spooner. [41:10] **Mayor Thomas J. Spooner:** Yes. [41:11] **Council Member Peter van Sluis:** I make an motion to approve resolution 2025-301. [41:15] **Council Member Adama Youhn Doumbouya:** Second. [41:16] **Mayor Thomas J. Spooner:** Motion to approve resolution 2025-301 by Vansoo [Van Sluis]. Second by signify by saying I [41:25] **City Council Members:** I. [41:28] **Mayor Thomas J. Spooner:** All opposed. [41:30] **Mayor Thomas J. Spooner:** Is three to three. I [laughter] I believe a tie is a failure at this point. All right. So I would expect that we would like to see this next week in a special session to move this forward. [41:47] **Jessica Kinser:** You will I just so you all realize by defeating this we have to substantially change this in a way that it's not already been substantially changed. And so that might be not necessarily to our our benefit of what was before you tonight. Um, but I'll talk with Scott Riggs about this and we'll we'll talk further about it because unless there's a motion to reconsider, um, that's where this is going to be something where I can't guarantee that a draft that would come before you that would be substantially different from what is before you tonight is necessarily going to be significantly better or something the developer would agree to. I can't guarantee that the developer will agree to this one. [42:28] **Council Member Adama Youhn Doumbouya:** I mean, I I [clears throat] don't think it's something for us. We are just making sure that the aine the right thing is done is complete my point otherwise I don't care if the same thing come back and what we want like we just want to complete [43:00] **Jessica Kinser:** I I would say what you have before you tonight is as complete as it's going to get from the city side it's just the developer that hasn't had any comment and so that's truly to understand. I can't bring you back this draft at the next meeting because you have defeated it. [43:18] **Council Member Adama Youhn Doumbouya:** Why? [43:19] **Jessica Kinser:** Because that's not allowed. Unless there's a motion to reconsider where this would move forward, there cannot be the same. You can't vote on the same draft after you've defeated it. [43:28] **Council Member Adama Youhn Doumbouya:** So, we can't even revote on it. [43:30] **Jessica Kinser:** You can do somebody. It's in our rules that you can make a motion to reconsider at the same meeting before the adjournment of the same meeting to to basically reconsider. But something if you want to vote on another parking agreement, it can't be the same agreement. It's got to be substantively different. [43:36] **Council Member Adama Youhn Doumbouya:** Convince me. [43:38] **Council Member Chuck Thiele:** Oh, sorry. Um, so this is going to take this is going to take, you know, a lot. It's going to take more staff time, time, everything. We we've talked about this six times or whatever. there there's there's no reason to delay this. All the the details they're in place. So if they want to make changes, we're going to see it Tuesday anyway. Okay? If they agree to this, then that's what we want. That's that that's what we want. So if there's any any dramatic changes, we're going to see it Tuesday anyway. But I I I can't see making staff do all this work again. And how much is Scott Rigs an hour? You know, it's it's going to be expensive to change it. So, I would like to reconsider. I'd like to vote on this again. [44:34] **Council Member Adama Youhn Doumbouya:** Is there any way to put this on hold on it? Is that an option? [44:42] **Jessica Kinser:** That was needed to make that motion to table it to the next meeting before there would have been a vote to vote it down. [44:50] **Council Member John Rowan:** I think that was the suggestion. It was in from the beginning. [45:02] **Council Member Adama Youhn Doumbouya:** Okay. With the reconsideration, can we re can we move to reconsider it instead of um passing it and tableabling it? [45:15] **Jessica Kinser:** You're in some Robert rules that I I don't believe you can. [45:19] **Mayor Thomas J. Spooner:** I think I think your argument stresses that what Chuck laid out is the fact that if there's going to be any substantial changes to this, we see it and we're going to hold up this whole process on the park. The height of the building, the size of the building, the rent, it's over the parking lot. That's entertain a motion to reconsider. I think we have a motion to recons. [46:08] **Jessica Kinser:** So, the only individuals that can make a motion to reconsider would be those three that were in the negative on it. [46:15] **Council Member John Rowan:** Okay. I I'm not opposed to it. I just don't think my questions are being resolved. I still think we're rushing into it. I I appreciate your position. Right. Our attorney is there to protect the city, to protect us, to p to protect the public's best interest. I get that. But when was this attached to the packet? [46:34] **Jessica Kinser:** It was attached at like 5 I think it was like 509 5 something like that. The time is on the website for when the agenda was published. I will add and for the record for you know it's just your this resolution was drafted by our attorney Scott Riggs was here tonight he'd be telling you about [46:48] **Council Member John Rowan:** the guy that wrote it. [46:51] **Jessica Kinser:** Yes. [46:53] **Council Member Adama Youhn Doumbouya:** Yeah. For me, my point is, you know, based on the time it came in this because I never had much time to actually do some research on some stuff. So, it's like it came in right few minutes before our our meeting time. Usually, I don't know. I don't know whether that was appropriate. I I know they want to close to closing. I want this in the downtown but also we just want to for the benefit of the city but if like he said if the developer review it also want changes to it would come back to us. That's why if you go ahead and reconsider and approve it tonight and the developer has a problem with it, you're right. Don't have a problem with it. You won't, but this is a resolution drafted by our attorney. [48:12] **Council Member John Rowan:** Can I ask for a 10-minute recess for me so I can go through it? That was in the building at 5 o'clock. I have not seen this. [48:21] **Council Member Adama Youhn Doumbouya:** Not seen it either. That's I'm not comfortable. I didn't even know it was on the [48:26] **Council Member John Rowan:** 10 minute recess. I'll look it over and if I feel it's appropriate, I'll make that motion. [48:29] **Mayor Thomas J. Spooner:** Sure. Yeah. Well, do we have a motion on the floor for a 10-minute recess? [48:33] **Council Member Adama Youhn Doumbouya:** I. [48:34] **Mayor Thomas J. Spooner:** All opposed. 10 minutes. Do you need a copy, too? [48:43] **Council Member Adama Youhn Doumbouya:** Yes. [48:44] **Council Member Peter van Sluis:** Yeah. [48:45] **Jessica Kinser:** Uh, yes. Okay. Is it going? Sorry, staff. I just want to make sure this is right. [58:26] **Mayor Thomas J. Spooner:** a recess city council is back in session. Are entertaining a motion to reconsider. Uh staff has had time, council's had time to look at this resolution. Um, John Ron [Rowan] had the floor here. [58:49] **Council Member John Rowan:** I I'm prepared to bring this forward as as long as no one has any concerns. [59:02] **Council Member Adama Youhn Doumbouya:** No, I just wanted to asking the developer. So, which one of the developer did? [59:12] **Jessica Kinser:** Nei neither developer or u um the tenant had time to review. Like it was it was literally finalizing this about like 10 minutes to 5:00 p.m. and then instantly putting it in your packet for reconsider or for consideration tonight. So, they've not had a chance to review this draft and get back to me before this meeting started. [59:34] **Council Member Adama Youhn Doumbouya:** So if they haven't done that, why are we doing it? [59:36] **Jessica Kinser:** Because the draft that's before you is what has been prepared by the city attorney and addresses all the things that we had um identified as needing to be addressed. And so the draft before you is what is being recommended for approval. What I don't want to like forego is that they might see something then and come back with uh this is how we would like to word it. um meaning that then we'd bring it back to you at the next meeting because they would be changing something with it that would potentially substantially change part of the agreement. [1:00:10] **Council Member Adama Youhn Doumbouya:** Okay, let me be fast. Let me just be specific. But um so the the disagreement is between three parties. Three table the me um yeah KGP did KGP review this? [1:00:30] **Jessica Kinser:** KGP is so KGP and Farbo Real Estate LLC tenant and developer have not had a chance to review the draft that is in front of you tonight. So on our part we are approving this as a city and then present it to them for review. If they agree then that's it. It's not coming back and then if they want anything change it will come back and then we will [1:01:03] **Council Member Adama Youhn Doumbouya:** yeah if if it substantially change the agree changes the agreement. If it's just a word here or a word there that doesn't change the the intent of the agreement and the intent of what's here, then it would not come back to you. Um, you would of course still be provided with a final copy and we would keep you updated on that. But like for example, if they don't like that tax exempt status paragraph and are going to propose something completely different, that's coming back to you at the next meeting um, regardless of your action tonight of approval. [1:01:32] **Council Member Adama Youhn Doumbouya:** So we have this paragraph For example, they want to change a whole sentence. It come back to us. Let's say a complete sentence. [1:01:41] **Jessica Kinser:** It it truly depends on what that sentence means and if it's probably changing risk and liability for the city versus them. And so that's where I can't say it. You'd have to ask me a specific sentence and if they changed it because that's what we would be looking at is what what were they changing and does it change something that would be uh different than what you have before you in terms of meaning and intent. I I want to wake I want I like this but I mean change [1:02:17] **Council Member Adama Youhn Doumbouya:** and I would like to see if if they are changing a complete sentence it should be brought back to the council. [1:02:22] **Jessica Kinser:** Well, I would just like to point out every development agreement that you approve with the plat leaves the same language in that staff is able to basically negotiate the different terms um after you have approved it. And so like this is not uncommon like this language we're just applying it to a parking agreement which we don't ever really do. I think this is one of the first ones that's been done. But it this is something you regularly do every time you approve a a final plat because there's a development agreement that goes along with that that always has in the resolution that staff can continue to work with the developer on any changes that need to be made to bring this to completion. [1:03:03] **Council Member Adama Youhn Doumbouya:** Okay. So one thing I would recommend we have our city antony what is being said is technically saying well we can bring this or we can't the respond is not really telling me that uh it will come back if [1:03:26] **Jessica Kinser:** I would be notifying you via email of any changes. is that they requested that we deemed with our city attorney's opinion to be not substantially changing any of the meaning or intent of the agreement that's before you tonight. [1:03:45] **Council Member Adama Youhn Doumbouya:** Okay, I agree with that. Um, if you can update us through email and because if it is something that is worth bringing it back to council, then we can request that. Is that correct? [1:03:57] **Jessica Kinser:** Yeah. essentially like if there's something that is so minor that it's not changing any of the major terms of the agreement, [1:04:06] **Council Member Adama Youhn Doumbouya:** we would determine that. Sorry. [1:04:09] **Jessica Kinser:** Our city attorney would be determining that. [1:04:13] **Council Member Adama Youhn Doumbouya:** Okay. Yeah. So if the Antonian [Attorney] determined that [1:04:18] **Jessica Kinser:** it would come back to you on the 18th. [1:04:22] **Council Member Adama Youhn Doumbouya:** Okay. [1:04:23] **Mayor Thomas J. Spooner:** All right. [1:04:24] **Council Member John Rowan:** Mayor Spooner, I make a resolution to approve 2025. [1:04:28] **Jessica Kinser:** We need first a motion to reconsider. [1:04:30] **Council Member John Rowan:** Okay. I make a motion to reconsider 2025301. [1:04:36] **Council Member Mandy Barnes:** Second. [1:04:41] **Mayor Thomas J. Spooner:** All right. We have a motion to reconsider the resolution. [1:04:47] **City Council Members:** I. [1:04:48] **Mayor Thomas J. Spooner:** There is a motion to reconsider. So, it's back on the table. [1:04:52] **Council Member John Rowan:** Okay. Mayor Spooner, I make a motion to approve resolution 2025-301. [1:04:58] **Council Member Mandy Barnes:** Second. [1:04:59] **Mayor Thomas J. Spooner:** Motion by Ron [Rowan], second by Barnes to approve the resolution. [1:05:07] **City Council Members:** I. [1:05:08] **Mayor Thomas J. Spooner:** all opposed passes. Thank you very much. [1:05:12] **Jessica Kinser:** No problem. [1:05:14] **Mayor Thomas J. Spooner:** That's something you just don't drink. That's it. Bids tonight. We have none. Thank you staff for sticking around tonight. boards, commissions, reports, project updates. Anyone? [1:05:32] **Council Member Mandy Barnes:** Uh, the Paradise, of course. Um, Paradise is inviting everyone to the holidays opening Holly days opening reception Thursday, November 20th. It's from 4:00 to 7:00 p.m. and we'll continue through. [1:05:50] **Jessica Kinser:** And I just have a few announcement. One, one of them builds on that. Um, so tonight we were supposed to have a council chat because it's the second Wednesday of the month, but we have a council meeting instead. So we're not doing a council chat in the month of November. So the next one will be on December 10th, Wednesday, December 10th at Paradise Center for the Arts. And so uh we'll be there then. Um I think we'll be talking some about some of the programming that they do and things that they do as a partner of the city. Um but might also have a specific topic as well. And then the other thing, um, the county put out a press release today that the truth and taxation notices, uh, went out via mail today. So, you will probably be seeing those in your mailboxes soon. As a reminder, our, um, property tax levy um, public hearing will be on December 9th at 6 p.m. Um, and that would be the the meeting where there would be the number of resolutions uh, related to adopting the budget and everything. So, uh, we'll hopefully see more people accessing our, um, our receipt, um, property tax receipt online, and we'll do more to push that out. But if you have any questions about anything, please feel free to let me know. [1:06:47] **Mayor Thomas J. Spooner:** Hey, last thing I'm going to add is tomorrow, ribbon cutting ceremony, I do park, 3:30 to 5:30. I'm sure there's certain staff members that think I'm stalking them. I am not. But I was at the park this afternoon at about 4 o'clock and yes, it looks fabulous. It's a little bit behind schedule what we'd like, but it's impressive. I'm excited. [1:07:14] **Council Member Adama Youhn Doumbouya:** And dear to my heart. Thank you staff. I hope everybody comes out. [1:07:19] **Mayor Thomas J. Spooner:** Bring your bathing suits. [laughter] 3:30 tomorrow, Vio Park. Thank you, everybody. I'd like to entertain a motion to adjurnn. [1:07:28] **Council Member Mandy Barnes:** Move to [1:07:29] **Council Member Adama Youhn Doumbouya:** second. [1:07:30] **Mayor Thomas J. Spooner:** Motion by Barnes, seconded by Don Buya [Doumbouya]. All those in favor signify by saying I. [1:07:34] **City Council Members:** I. [1:07:36] **Mayor Thomas J. Spooner:** All opposed. Motion passes.