This transcript has been formatted with the correct names of the officials and staff based on the provided context and the phonetic transcript provided. [0:00] **Mayor Thomas J. Spooner:** Federal city council meeting to order. First item on the agenda is roll call. [0:02] **City Clerk Heather Slechta:** Council member Barnes? [0:03] **Council Member Mandy Barnes:** Here. [0:04] **City Clerk Heather Slechta:** Doumbouya? [0:05] **Council Member Adama Youhn Doumbouya:** Here. [0:06] **City Clerk Heather Slechta:** Ross? [0:07] **Council Member Royal Ross:** Here. [0:08] **City Clerk Heather Slechta:** Rowan? [0:09] **Council Member John Rowan:** Here. [0:10] **City Clerk Heather Slechta:** Van Sluis? [0:11] **Council Member Peter van Sluis:** Here. [0:12] **City Clerk Heather Slechta:** Thiele? [0:13] **Council Member Chuck Thiele:** Here. [0:14] **City Clerk Heather Slechta:** Mayor Spooner? [0:15] **Mayor Thomas J. Spooner:** Here. And pledge allegiance. [0:18] **Group:** 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. [0:38] **Mayor Thomas J. Spooner:** Um, item number two is approval of the agenda. Does anybody have any? [0:42] **Council Member John Rowan:** So moved. [0:43] **Council Member Peter van Sluis:** Second. [0:45] **Mayor Thomas J. Spooner:** A motion by Rowan, second by Van Sluis to approve the agenda. All those in favor say I. [0:50] **Council Members:** I. [0:51] **Mayor Thomas J. Spooner:** All opposed. The agenda is approved. Item number three, a presentation or proclamation. This month is infants remembered and silenced. Do we have someone here? [1:21] **Mayor Thomas J. Spooner:** Yes. Hello from the office of the mayor of the city of Faribault. Whereas infants remembered in silence and many other nonprofit organizations work with thousands of parents over Minnesota and across the United States who have experienced death of a child in pregnancy and early childhood. Whereas many parents live in, deliver in, and have a child die in, and bury a child while in this community. Where is Infants Remembered in Silence, a 501c3 nonprofit organization founded in 1987 to offer support to parents whose children have died of miscarriage, ectopic pregnancy, molar pregnancy, stillbirth, neonatal death, birth defects, sudden unexplained death of a child, sudden infant death syndrome, illness, accident, all other types of infant and early childhood death. [2:28] **Mayor Thomas J. Spooner:** Whereas in 1988, President Ronald Reagan proclaimed October as National Pregnancy and Infant Loss Awareness Month, United States, honoring the lives of children who have gone too soon or to their grieving parents, siblings, grandparents, family members, friends, lives who forever be changed by the heartbreaking death of the child. Whereas bereaved parents around the world remember their children annually in their homes with small gathers on October 15th with lighting of a candle at 7:00 p.m. families remember their child or children around the state and across the nation. This programming proclamation unifies these parents in a tribute to their children. [3:22] **Mayor Thomas J. Spooner:** Whereas in honor of thousands of children that die each year in Minnesota, Infant Remembers in Silence fully request October 15th be recognized as pregnancy infants lost in remembrance, I, Thomas J. Spooner, mayor of Faribault do hereby proclaim Tuesday, October 15th national pregnancy and infant loss awareness. Very proud to have you. [4:38] **Mayor Thomas J. Spooner:** All right. Item number four, approval of the minutes of September 23rd. [4:43] **Council Member Adama Youhn Doumbouya:** Mayor Spooner. [4:44] **Mayor Thomas J. Spooner:** Yes. [4:45] **Council Member Adama Youhn Doumbouya:** I make a motion to approve the minutes of September 23rd. [4:47] **Council Member Mandy Barnes:** Second. [4:49] **Mayor Thomas J. Spooner:** I have a motion by Doumbouya, second by Barnes. All those in favor signify by saying I. [4:56] **Council Members:** I. [4:57] **Mayor Thomas J. Spooner:** All opposed. Motion passed. Uh, item number five, request to be heard. Vicky Olsen, 1025 St. Paul Avenue, please come forward. [5:13] **Vicky Olsen:** Hi, I am standing up, but um my name is Vicky Olsen. I live across from Trump's Apple Delicious Apples and I am a fourth-generation resident. Um, I also spent up to 30 years almost as a German teacher here in Faribault, part of the Würzburg Exchange if you're familiar with that. Um, I'm well, I was holding my a prop. It was the delicious Faribault water and this is sourced from the two aquifers in Faribault and I fear that the decision to allow a data center near our city limits will only bring negative results to our community. Um, you cannot promise me that these machines won't decrease our well water supply. You cannot promise that. You cannot guarantee that the wastewater will not pollute our land. Not guarantee that. You cannot state for certain that our electric costs will not go up to help this project. Not state this for certain. You do not know for a fact that the noise level will be tolerable. Do not know this for a fact. You cannot assure us that any or all of these negative results will not happen. [6:46] **Vicky Olsen:** The impact of data centers on other communities um has warranted my fears. I have read about the impact on other communities online before I came here to present tonight. Your names will be on this project. I want you to remember your names will be on this project. Thank you for listening. [7:14] **Mayor Thomas J. Spooner:** Thank you very much. All right, we have no one else on the list, so we will move on to consent and agenda items 6A through 6U. [7:26] **Council Member Royal Ross:** Mayor Spooner. [7:27] **Mayor Thomas J. Spooner:** Yes. [7:28] **Council Member Royal Ross:** I'd like to make a motion to approve 6A through 6K and 6M through 6U. [7:38] **Council Member Peter van Sluis:** Second. [7:42] **Council Member Mandy Barnes:** Yeah. So, wait. No, I'm confused. [7:45] **Council Member Royal Ross:** I'm just omitting L, pulling it. [7:47] **Mayor Thomas J. Spooner:** Are you going to—would you like discussion? [7:49] **Council Member Mandy Barnes:** You want discussion? [7:51] **Council Member John Rowan:** Oh, yeah. I would like to know why. [7:52] **Council Member Royal Ross:** Yeah. I'm just not in support of it. So, I'm just voting no. That's all I'm... [7:57] **Council Member John Rowan:** I'd like to pull... [8:00] **Mayor Thomas J. Spooner:** Yeah. Want to pull it right now. Mayor Spooner. [8:05] **Council Member John Rowan:** Yes. Member Rowan pulling item 6L. I'll make a motion for consent agenda item 6A through K. [8:20] **Council Member Peter van Sluis:** Second. [8:22] **Mayor Thomas J. Spooner:** Um, is there any further discussion on L? [8:25] **Council Member John Rowan:** Well, all right. I'll do it that way if you want. [8:30] **Mayor Thomas J. Spooner:** Uh, we have a motion by Ross, second by Van Sluis, uh, through 6A through 6K and 6M through 6U. Excuse me. L is being pulled. All right. M through U. All those? [8:55] **Council Members:** I. [8:56] **Mayor Thomas J. Spooner:** All opposed. Passes. All right. Let's have some discussion on 6L. Why would you like it pulled, Mr. Rowan? [9:02] **Council Member John Rowan:** I'm not going to support it. I don't think it's in the public's best interest or convenience. [9:20] **Council Member Adama Youhn Doumbouya:** Yes. For me, my question was I had a question that was directly to the foundation, going into a contract with the city. So I was wondering whether this is—there is no legal implication? [9:48] **City Administrator Jessica Kinser:** The foundation is just acting as the funding entity to basically pay for the consultant. The $10,000 is not the full cost of the consultant for the land trust. The $10,000 that's part of this resolution and the contract is purely for specifying land trust consulting services. So, um that is that is what it's laid out there for. It's not interfering with any of their existing agreements with the city and uh it's it's uh it kind of is what it is. It's a pretty straightforward agreement and that it's $10,000 towards the services. Um but it's not ongoing funding for any sort of uh entity or anything. [10:35] **Council Member Adama Youhn Doumbouya:** Yes. I was also thinking because um we have a draft you say in the uh in the agreement that we have a draft land trusts establishment stuff that is coming up. Correct? [10:51] **City Administrator Jessica Kinser:** That's part of the consulting agreement that the foundation would be signing with a consultant. Yes. [11:00] **Council Member Adama Youhn Doumbouya:** When I went through the mission statement of the foundation along with the chamber according to this resolution—um and also you talk about other organizations—do they have like a memo between each of those organizations? Because I didn't see that. [11:32] **City Administrator Jessica Kinser:** No. So there's not been anything formed yet. So this is just the foundation at the very beginning of working with the group of community partners of which the city and the HRA has been part of um to basically say, is this something we want to move forward with? And the answer from that group has been yes, we want to move forward. So, this agreement is to give the foundation $10,000 to put towards a $20,000 contract with a consultant to basically, you know, do the scope of work which includes um essentially looking at what are the best recommendations for forming a land trust in Faribault. Um what does a board of directors look like? What do those founding documents look like? Um applying for 501c3 and the legal advice that would go along with that. [12:26] **Council Member Adama Youhn Doumbouya:** Not too clear to me, but yeah, I would like other people to... [12:34] **Council Member Royal Ross:** Thank you, Mayor. Um, I'm looking at the resolution as it's written and in the packet, second to last paragraph that says now therefore be it resolved by the city of Faribault that council budget 43090 is increased by 10,000. Probably a typo in there. [12:53] **City Administrator Jessica Kinser:** It's actually not. I was trying to involve a budget amendment with this at the same time that it's approving the agreement. And so that's the paragraph that is for the budget amendment. So Council is Council budget. That's your budget. 43090 is expert and professional services. It's increasing that line item by $10,000 so that there is the budgeted authority within the council budget to pay $10,000 for the contract. Yep. [13:21] **Council Member Royal Ross:** So trying to do two things at once. [13:25] **Council Member Adama Youhn Doumbouya:** Oh, I don't know what my fellow council member was thinking, but I was thinking if we can table this discussion session because our past work session did not really throw light on some of these organizations—like I didn't know that we will have the Chamber involved and other organizations that were not listed. So I would like us to table this because I just haven't understood it yet. But if you guys are thinking of voting, no problem with that. But I would like more information before a future decision on this motion. [14:08] **Council Member John Rowan:** Yes, I'm making a motion to table it. [14:10] **Council Member Adama Youhn Doumbouya:** I'll second. [14:12] **Mayor Thomas J. Spooner:** Hey, uh, I'm going to vote against that. I think that this is just the funding for uh getting the consultant to go ahead to lay the groundwork for a potential land trust. We don't know if we're even voting on that groundwork and the basis for that. We don't even know what the actual board of directors would look like. I'll be honest with you—I don't want this to be a city-run thing. This should be an independent group. So, but if you read that report, it just stated that it's good for municipalities to help kickstart the land trust. [15:15] **Council Member Chuck Thiele:** Yes. Um, I'm not in favor of tabling it either. I'd like to get past this tonight. In fact, um the number one issue in Faribault that we all think is the number one issue is housing. And this is one small baby step towards getting affordable housing in Faribault. It's way too important. [15:35] **Mayor Thomas J. Spooner:** All right. Hang on. [15:37] **Council Member Mandy Barnes:** Mayor Spooner, I agree with you. Well, it's also been an HRA agenda item um to help the housing community. This topic has been brought up. So, it's a great collaboration for city HRA and other entities. [15:56] **Council Member Adama Youhn Doumbouya:** Um, Mayor? Um, I just heard you say that uh you don't know if the recommendation from this study will be accepted or not. And um that's exactly the reason why I want us to table this to make sure um that if we are spending money on consultancy, we should be able to actually get the value of the money that we are putting in. I am honestly in support of having affordable housing in Faribault. But then I want to have clarity on some of the steps because sometimes um when we are eager to do things without having all questions answered, we might end up not doing it at all. So um this is exactly the reason why I want us to table this because we don't know if the findings—if we have funding that conflicts with our HRA policies—the council might end up rejecting this and we have put money into it. So I just want us to have more answers because there's more questions right now than answers. [17:24] **Mayor Thomas J. Spooner:** I think we understand your point. Anybody else have a comment on this? I don't want to call a question. All those in favor of tabling uh 6L say I. [17:38] **Council Member Doumbouya & Council Member Rowan:** I. [17:42] **Mayor Thomas J. Spooner:** All opposed. (No). [17:45] **Council Member Peter van Sluis:** Mayor Spooner. Yes. I make a motion to approve uh resolution 2024-261 which is 6L. [17:55] **Council Member Mandy Barnes:** Second. [17:58] **Mayor Thomas J. Spooner:** I have a motion to approve 6L by Van Sluis, second by Barnes. All those in favor signify by saying I. [18:05] **Council Members:** I. [18:07] **Council Member John Rowan:** Nay. [18:08] **Mayor Thomas J. Spooner:** Motion passes. We are moving on. Thank you for your input on that topic. Public hearings tonight, we have none. Items for discussion. Resolution 2024-257, support of a new passenger rail service, Jessica Kinser. [18:27] **City Administrator Jessica Kinser:** Yes. I also feel like you could present about this one, Mayor Spooner, since uh you were at the same meeting. Um, Mayor Spooner and I met with All Aboard Minnesota, uh which is a nonprofit group that is, um working to develop new rail service within the state of Minnesota. Uh, they have a request that they are asking a number of communities who would be impacted by a potential service line between the Twin Cities, St. Paul specifically, and Kansas City, Missouri, of which Faribault would be part of that. Um, to ask the state to um, apply to the federal government uh, to basically get the study underway um for this. So it is not any funding from the city or any cities in support of this. It is basically asking the state to take the first step and to put forward some money. There are two active bills um with the House Transportation Committee and the Senate Transportation Committee that uh will be brought up in the next session or um they will die. And so this is a resolution of support to move those. [19:25] **Mayor Thomas J. Spooner:** Just to add, um, I was at this meeting with Jessica Kinser and I've told them straight up that we have no money and frankly our train depot is a very good restaurant and that's not going anywhere. So, um, if this comes to fruition someday, they're going to have to figure it out because our budget right now is... [19:54] **Council Member Royal Ross:** I just have a comment. Right away I was skeptical, but I know we're trying to increase transportation um, bring costs down. Working in rail myself, rail is very hard to regulate. There's federal, there's state guidelines, not a big money maker for um when pedestrians ride it. It's just a lot of a web of rules and oversight. So I myself... [20:18] **Council Member Chuck Thiele:** So there's—is there going to be any like—are they going to come back in five years and say, "All right, we need 15 million"? [20:25] **City Administrator Jessica Kinser:** They did not talk about any of that in our meeting with them. This truly would be federally and state funded if it were to ever come to fruition. [20:46] **Mayor Thomas J. Spooner:** This is truly just a resolution in support. [20:57] **Council Member Royal Ross:** Yes, Mr. Mayor. I'll make a motion to approve resolution 2024-257. [21:10] **Council Member Peter van Sluis:** Second to support it. [21:14] **Council Member Adama Youhn Doumbouya:** I think they already have an existing rail, right? [21:17] **Mayor Thomas J. Spooner:** Yes. [21:18] **City Administrator Jessica Kinser:** Correct. It would be on the existing rail. [21:20] **Mayor Thomas J. Spooner:** Okay. All those—we have a motion by Ross, seconded by Van Sluis for resolution 2024-257. All those in favor? [21:30] **Council Members:** I. [21:32] **Mayor Thomas J. Spooner:** All opposed? [21:34] **Mayor Thomas J. Spooner:** That motion passes. Uh, resolution—one second. [21:40] **Council Member John Rowan:** Said you weren't in support of it, but... [21:42] **Council Member Royal Ross:** He wasn't. [21:43] **Council Member John Rowan:** What's that? [21:44] **Council Member Mandy Barnes:** You were in support, correct? Yes. [21:46] **Council Member Royal Ross:** Yeah, but you weren't. But you just voted you were in support. [21:54] **Council Member Chuck Thiele:** Oh, I said I did want to do... didn't I? [21:56] **Council Member Mandy Barnes:** No, I got the impression you didn't. [22:00] **Council Member Chuck Thiele:** No, I just said this is going to—it's... [22:05] **Mayor Thomas J. Spooner:** In layman's terms, there's no skin in the game. [22:10] **Council Member Chuck Thiele:** Okay, I'm fine with it. I just misunderstood. [22:12] **Mayor Thomas J. Spooner:** None of us are going to be up here when this comes to fruition. [22:15] **Council Member Mandy Barnes:** I agree. [22:16] **Mayor Thomas J. Spooner:** So, I was clear on that, but uh resolution 2024-262, Heather Slechta, cannabis microbusiness. [22:26] **City Clerk Heather Slechta:** Yes, Mayor, Council. This has been probably two and a half years in the making for a cannabis license. So, uh Michelle Keller on behalf of Faribault Greens submitted an application uh for a cannabis microbusiness out at uh 1512 30th Street Northwest. Um, they've already been issued a license number by the state. That's kind of that first step for them. Um and so that has been approved. Um this cannabis microbusiness allows for I think there's like 13 different items that she can do or they can do out at um Faribault Greens LLC. Um it has been approved um by the planning. It's in the correct zoning area. Um she's met all those requirements and she's in the process of getting some um building improvements done. Um so once those are complete, we'll be able to—she'll be able to um apply at the state um for her inspection and licensing um approval on their end. Um and then it'll come back to the city. We'll be able to check all of our boxes off and um she will be able to open their um microbusiness, the first in the city of Faribault. So if you have any questions, I will answer or Michelle is here if you have any other questions as well. [23:46] **Council Member Royal Ross:** Mayor Spooner, I'll make a motion to approve resolution 2024-262. [23:55] **Council Member Peter van Sluis:** Second. [23:58] **Mayor Thomas J. Spooner:** I have a motion by Ross, second by Van Sluis to approve resolution 2024-262. All signify by saying I. [24:03] **Council Members:** I. [24:04] **Mayor Thomas J. Spooner:** All opposed. Item number C, resolution 2024-263, a new on-sale liquor license. [24:10] **City Clerk Heather Slechta:** Um, so yes, the Depot Restaurant LLC doing business as Depot Bar and Grill has submitted an application for a new on-sale intoxicating liquor license and Sunday liquor license. Um, ownership is planned to be changing on around October 27th. And so part of those uh part of that process is a new liquor license. Um the background check has been approved as well as the um insurance. Uh so this will go to the alcohol and gambling enforcement for final review and approval. So if there's any questions I can answer those. Otherwise, the new owner Tony and the current owner Jeff are here. [25:00] **Council Member Chuck Thiele:** Thank you, mayor. Just for my own education, is there a fee for this or is it covered under the uh liquor license amount? [25:09] **City Clerk Heather Slechta:** Um, so what we'll do is our liquor licenses are prorated. So we'll prorate the fee for the rest of this year and then refund that amount. [25:15] **Council Member Chuck Thiele:** That's what I wanted to hear. Thank you. [25:20] **Mayor Thomas J. Spooner:** Uh, yeah. We are not double-dipping on that. So, and then it'll come back for... [25:24] **Council Member Chuck Thiele:** That's what I wondered. [25:25] **Council Member Adama Youhn Doumbouya:** Mr. Mayor, uh, please do not get rid of the black and cajun chicken sandwich. It is so good. [25:35] **Jeff (Current Depot Owner):** It is kind of ironic. I was telling Tony right now back in 199... [25:50] **Mayor Thomas J. Spooner:** Thank you. [25:52] **Council Member Royal Ross:** Thank you, Jeff. Appreciate it. [25:54] **Mayor Thomas J. Spooner:** Thank you. All right. I did ask those questions like "Are you keeping the menu?" [26:04] **Mayor Thomas J. Spooner:** We will entertain a motion on this resolution. [26:06] **Council Member Chuck Thiele:** So moved. [26:07] **Council Member John Rowan:** Second. [26:08] **Mayor Thomas J. Spooner:** Motion by Thiele, second by Rowan to approve resolution 2024-263. All those in favor signify by saying I. [26:15] **Council Members:** I. [26:18] **Mayor Thomas J. Spooner:** All opposed. Motion passes. Item D, resolution 2024-260, approval of a variance for a small dwelling. City planner Leslie McGill Reos. How are they doing that? [26:35] **Leslie McGill Reos (City Planner):** That was amazing. It's been a long time since you've been here. It has been a long time. So, I'm pleased to be in front of you today and I'm pleased to be bringing this resolution before you. So, this is indeed a variance for the smaller dwelling unit size at 301 Central Avenue, which the planners had the wonderful opportunity to be able to uh tour. The applicant is Mr. North Johnson. The owner of the establishment is Faribault Downtown Central LLC as mentioned, 301 Central Avenue. And the request is for a variance. And this is a location map to familiarize yourself with the building downtown should you not be familiar. Um, the request is to allow one existing apartment to be no smaller than 368 square feet. The request is to facilitate a previously approved platting of the property into three parcels which came before you in June of this year if you'll recall that. [27:27] **Leslie McGill Reos:** Um, the three parcels are shown on your screen, Lot one, two, and three. And as part of uh the discovery of platting and permitting, the area that you see—well you don't see my cursor arrow so I'll describe it for you. Um the area that's outlined in the blue bubble is the area that we're speaking about. There is a penetration between the walls of the two buildings. So that violates current fire code um in the platting process. So this area right here where you can see the label that says Unit 5, that's going to be filled in. The area above it, um the hallway, there will be a fire door created and because of that the area that says 235.28 square feet that will become a part of the adjoining building's unit and while that happens, then that results in a uh a smaller sized resulting apartment. [28:37] **Leslie McGill Reos:** So as you can see here in this illustration um the buildings are addressed accordingly. Four units were on the upper floor of 301. There will be uh three units in this location. This shows the circle where the fire door will be between the two platted properties. And then to the far right you'll see three additional um apartments. So the proposal meets the criteria for granting a variance. The building code allows residential units to be smaller than the minimum proposed. The comprehensive downtown master plan both support this and investment for an active downtown. Granting this variance would facilitate this as well as provide additional housing options; sometimes micro-apartments are something that are desirable and sometimes in short supply. So as a result, we recommend that the city council approve resolution 2024-260 based on the criteria findings in the ordinance and I'm available for questions. Yep. [29:42] **Mayor Thomas J. Spooner:** Any questions for staff? [29:45] **City Administrator Jessica Kinser:** One thing that I would just like to point out because I had a question about this is if you're a registered rental, what is it that you have to be? And so I was looking at that um for an efficiency unit with one to two occupants, it's a minimum of 220 feet with three occupants, a minimum of 320. So, this would fit what it requires to be a registered rental from a square footage standpoint. [30:08] **Council Member Royal Ross:** Is that from the FHA handbook? [30:11] **City Administrator Jessica Kinser:** No, that's our rental um inspection checklist. [30:16] **Council Member Royal Ross:** But that's also—are we based on the FHA? [30:20] **City Administrator Jessica Kinser:** No, it's not FHA. HUD. I'm sorry, HUD. [30:22] **Council Member Royal Ross:** HUD. [30:24] **City Administrator Jessica Kinser:** Yeah, I don't—I can't answer that. I get my initials mixed up. [30:35] **Mayor Thomas J. Spooner:** I think... yeah, because our codes are based on HUD. All right. Any other questions? [30:42] **Council Member Royal Ross:** Mayor Spooner. I make a motion to approve resolution 2024-260. [30:48] **Council Member Mandy Barnes:** Second. [30:52] **Mayor Thomas J. Spooner:** I have a motion on resolution 2024-260 by Ross, seconded by Barnes. All those in favor signify by saying I. [30:59] **Council Members:** I. [31:02] **Mayor Thomas J. Spooner:** All opposed. Tonight we have no bids. Board commission reports, announcements, project updates. All right, we're going to close it. A motion to adjourn. [31:18] **Council Member Royal Ross:** So moved. [31:19] **Council Member Adama Youhn Doumbouya:** Second. [31:21] **Mayor Thomas J. Spooner:** Motion by Ross, seconded by Doumbouya. Meeting adjourned.