City Council - Regular Meeting

[Music] We'll call the city council regular  meeting to order from Monday,   November 17th, 2025. Would everyone  please stand for the 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. Call the roll, please. Council member Wilson,  here. Council member Cordes here. Mayor Hoyt here.   Council member Bernatz here. Council member Lien  here. Any changes to the agenda? All right. Seeing   no changes, I would seek a motion to approve  the agenda. Motion. Second. Motion by Jake,   second by Holly. All in favor say I. I.  All right. Next, we'll move on to citizen   comments. There's anyone in attendance wishing  to speak, please come up and do so at this time. that citizen comments are a time for anyone to  address the city council on matters not on the   agenda. Those speaking should state their name  and address and limit their comments to five   minutes. The council will not engage in discussion  on your topic, but those issues requiring response   will be responded to by the next city council  meeting. Go ahead. Thank you. Um Nancy Arstead,   Bowmont Avenue. The reason a city has zoning  codes is to plan growth intelligently and to   protect the residents. Here is how your  city code currently reads. The MUCI,   mixed use commercial industrial district,  provides for the development of larger mixed   business areas along major roadways, including  services, offices, research laboratories,   and light manufacturing uses without any  exterior activities. Remember that. As  

well as compatible commercial uses. Here is  a list of your MUCI permitted use businesses. child daycare facility, indoor commercial  recreation, health club, hotel, office, research   laboratory, class one restaurant, retail sales and  service, warehousing facility. And a decade ago,   you added a data center. In the last 10 years,  with the rapid growth of technology and the use   of AI, data centers have exploded in size. What  used to be a small or midsize building is now a   350 acre campus of enormous humming buildings  and generators. So per your zoning standards,   a daycare center and health club are comparable  to a hypers scale data center per your zoning   standards. Now here are the features that we  know about the hypers scale data center. You   approved 10 to 12 enormous buildings 50 and  80 feet tall with huge cooling units attached   surrounded by several hundred generators each  attached to a 6100 galon belly tank full of   diesel fuel. Each of these spewing generators are  the size of a semi-truck trailer. Security gates,   14t security fence, security lighting and  cameras guard building. 708 megawatts of power.   more electricity than the Monticello nuclear plant  puts out. Huge electrical substation, millions   of gallons of water used per day. You have this  hypers scale data center I just described in the   same zoning category as Anna's Bananas as Kelts  Pub without their liquor license and Anytime   Fitness. Same zoning category, light industrial  zoning. Now, this is a list of conditional uses.

These businesses would have to go through  several additional steps with the city,   including a public hearing in order to be approved  for MUCI. These would be these would get a public   hearing. These would get more zoning scrutiny  than a hypers scale data center. Brew pub,   cannabis retail, convenience store with gas,  dental laboratory, grocery store, hotel and motel,   hemp edible retail, public utility building, class  2 and three restaurant, and a theater. Farmington   deems these more impactful peryear zoning  requirements than a hypers scale data center.   A brew pub has stricter zoning requirements than  a hypers scale data center. This is wrong and it   fails to protect the residents. Your MUC ordinance  also states no exterior activities. And yet this   data center will be surrounded by hundreds of  semi-trailsiz generators on the exterior with   exterior noise, emissions, and vibrations. The  exact impacts the MUC rule was meant to prevent.   Where did the exterior activity protection in  your zoning go for us? Your building height   limit in MUC is 45 ft and you gave track 80  ft. When did you protect us? To be clear,   the AU putt and plat that you approve for  track the tracks data center only regulates   how a project is designed or built. They do  not determine where such a use is appropriate.   None of these tools can substitute for proper  zoning or compliance because they operate   within whatever zoning the city has already  approved. If the underlying zoning is wrong,   every step built on it remains wrong. Off the  top off the zoning topic just a bit, but I  

would like to bring you back to the city council  meeting on November 4th, 2024. Timestamp 216:30.   Steve Wilson asked, "Do you have design standards  set up for this type of project?" We really don't   have standards established for a technology  park of this type. Correct. Tony replied,   "That's correct." And then four of you went ahead  that night and voted it in anyway. You claim there   is nothing you can do be doing at this time.  There are plenty of things you could be doing   at this time. Please start by fixing your outdated  city codes to reflect current reality. Now, hypers   scale data centers belong in industrial zoning.  This can be fixed now. Thank you. Thank you. My name is Jeff Shatler. I live at 22420 Calico  Court, Farmington. Thank you for letting me speak   again. Um, what Nancy said hits home a lot. Um,  we don't understand in Farmington what a data   center is compared to hypers scale because  you're classing them the same as a daycare.   Daycare doesn't belong in the same place as a data  center. Um, would you put the data center right   next to the daycare? You know, you're doing  it in a neighborhood though. Like she said,   there are things that can be done. Maybe as city  council says that uh it won't change this project,   change it for the next one or the one after that,  start writing some city code and ordinance and   putting protection in for your residents so that  if another purchaser comes, you don't have the   same thing and you're not drugged down into a  lawsuit and dragging your residence down to the   lawsuit for over a year. do some of these things  so that it can be properly placed and appropriate  

and so that you're not asking these developers  to give you safe space for your residents. You   say this is what we have available. This is  what it is. This is what we what we require in   Farmington to come into our town. Um do something  so that this isn't going to be continued in every   neighborhood. Um, you've, in the eyes of a lot of  people, spot zoned this property. You've now put   the comp plan amendment on hold. You're rezoning  property just for one project, for one developer.   It's not for MUCI. It's for one business, a  data center, but a hyper scale technology park,   which is far different than a data center. Um the  lawsuits they combined um that's interesting. It's   not positive. It's not a win for anybody, but it's  interesting because there's a lot more work now   in everybody's end to do. Nothing's quick about  this. Um work could have been done. It it could   have been done before the lawsuits were ever  presented. We all asked for things to happen.   Castlerock even asked for things to happen. None  of those things were done. They were all ignored   and so it ended up in this lawsuit. This lawsuit  is getting everybody's attention. You guys are on   data center Dynamics today on LinkedIn. They're  the world's information hub about data centers.   They reported a day after the findings came  out on this court case. They're following us so   closely. Everybody's watching what's happening. Do  something so it doesn't continue to happen again.   I put in an application to be on planning  commission. I'd love to get a serious interview   a and some serious consideration for it. I'm a  voice that obviously differs from what everybody   else does. And isn't that the point of a planning  commission and a council to represent the entire  

town to to have people that have different views  but collectively can make something work together.   I'm the one resident that stood here before  the lawsuit started that said if you don't do   something better, you're going to have a lawsuit.  You have a lawsuit. Resident that said you don't   have do something better. I'm going to run for  planning commission. I'm running for planning   commission or I applied. I'll run for council when  I can against either one of you or any open seat   that there is. Um I do want to make a difference  here. I intend to continue living in Farmington.   I've been here a long time. My daughter lives  here. She's going to continue to live here till   she graduates and moves out of this town. Do the  best that I can to make it better for residents if   you guys refuse to. You have an opportunity  to make a difference. Thank you. Thank you. Good evening, Mayor and Council staff. Uh my name  is Nate Ryan. I'm resident here in Farmington. I   think it's interesting that we are um that we're  kind of back to, you know, where where we started   with some of these things and and the things  that have come up back then still just kind of   keep coming up today. So, I printed off my initial  comments uh back over a year ago to the planning   commission and I'm going to read a few of them  because I think it's important to recognize that   the things that we brought up uh over a year ago  are still things that are driving lawsuits are   things that you're just not seeing. So, one of  the one of the things that um we talked about   was the change in zoning and the comp plan uh has  some direct quotes in it. And why is this plan   important? It guides the location, the type, the  pace and the future growth of new development and  

the redevelopment of an orderly and efficient  manner. defines types of land uses and um and   protects property owners investments by ensuring  consistency and compatibility of land uses and   development. Changing the zoning of this comp  plan doesn't really accomplish that, especially   the last stated reason of protecting property  and compatibility. It's not compatible. Right?   Your zoning, your zoning issue is not compatible.  Like they pointed out, are you really going to put   a data center next to a daycare? Right? I mean,  is that is that really what you would do? Is that   what your planning commission would suggest for  you to do? Is that what you sitting in that chair   would say, "Yes, let's do that." What your current  zoning in mixed use commercial industrial allows   that to happen without a public hearing without  any of the additional stipulations. So, just kind   of think I I just really hope that you understand  and really get the gravity of that because that's   going to be something moving forward. And whether  this case or another case, you never updated those   things. And as I said the previous two meetings,  the developer recognizes that and they took full   advantage of you. How you cannot be up there just  steaming pissed that a developer took advantage of   you is beyond me. Uh other things here kind of  the comp plan uh help to coordinate and public   and private sector decision-m investments leads a  a greater degree of predictability to the future   community changes. When we bought back there, that  predictability was going to be that was going to   be residential. Someday we're not going to hear  the swings of golf clubs and golf balls and,   you know, people saying the f-word, not because  they're doing it to another community, but because   they're doing it to, you know, where they're ball  shagged, right? So, we knew that those would stop   and likely because we were predicting what your  comp plan had said is that that was going to be  

residential property. And now we're upset because  not because of a data center. I'm not upset   because it's a data center. I'm upset because  you're putting in mixed use commercial industrial   and you're allowing something that is just not  compatible and that we couldn't count on. So,   and just keep in mind that that key sentence  compatibility and then also predictability to   the future. Those are going to be major points  moving forward. Predictability to the future.   You had laid out a plan for over 10 years that  property had been zoned residential because that's   what the Olson's asked for back in the early  2000s. That was predictability. It's almost   20 years that that was predictability. That was  going to be there. And then all of a sudden you   just decide to change it. And and I I know that  you say it wasn't us, it was the Olson's, right?   The Olson's guided by who decided to change those  things. uh preserve and enhance the community's uh   hometown character. Create neighborhoods that are  connected and provide a sense of community. Work   with neighboring communities and regional entities  to effectively provide services and a plan for the   best areas of growth. No doubt uh birds Oh,  oh, I'm sorry that that's my personal note.   um uh bring the bring bring the character together  through local and regional systems and pedestrian   walkways, bikes, trails, uh public transit  opportunities. So again, these are just some more,   you know, guiding, you know, guiding principles  that come along with that. Um Jeff Jeff talked   about this, but spot zoning. His definition of  spot zoning is the process of singling out a small   parcel of land used for classification totally  different from that of the surrounding area for   the benefit of the owner of such property and to  the detriment of the other owners. So I totally  

get like the the mayor is going to be like, well  there is industrial property that's already there,   right? There are industrial properties that are  north of our neighborhood, right? it it is not the   entire length of the golf course. You know, we're  talking maybe 2,000 feet, maybe less than that.   So, I understand that there are some industrial  properties that are there. Uh but that is and   and if you look at the map, they're actually not  in Farmington. Most of them are in Castle Rock,   which I find funny. Um but but that's the truth is  that those industrial most of the industrial ones   are in are in actual Castle Rock. There's lots  of little tiny, you know, parcels there. They're   actual Castle Rock. like Castle Rock Bank sits on  the corner of a of a intersection in Farmington,   but it's actually in Castle Rock. The same is true  with the Bolt Shop. The same is true with other   strips along Highway 3 there. So, when you decided  to do this, you decided to uh to make this,   that is definitely, I think, by definition  of spot zoning. And I got that from a legal,   it's not just a made up or Googled, it's actually  from um it's actually from a legal dictionary. So,   um, something else that I pointed out back then  over a year ago, I said we we also believe the   city will face litigation should the planning  commission move forward at the rezoning of this   property. Litigation could take uh um could tie up  the sale and the rezoning continuing cost millions   in tax revenue, which could erase any perceived  benefit from the new tax revenue the site could   bring uh to the city and more potentially city  would have to ask us taxpayers for more money. So,   h how far are you from, you know, from that? I'm  just kind of curious like where are you at? You   got about $4 million, maybe maybe $6 million  in coverage. At what point are you going to   eat up that legal fund, especially now that  the lawsuits are combined? They're definitely   moving forward. You're going to start to churn  through that legal fund. You're going to turn   to the general fund. Are you going to put out a  referendum? You're going to put out bonds so you  

can continue to fight your own citizens. How is  that saving any tax revenue? How is that how is   that doing anything? So, in in fact, what I find  interesting as I kind of continue to read through   this is is that um well, it is 4 million. So,  the the the Farmington is 4 million, but as you   read through the orderly annexation agreement  and it talks about perceived t tax benefits,   um I just wanted to point out that I think  this is it's going to take us six years takes   six years to for Farmington off of the school  district property to fully get all of the tax   benefits that are out of that, right? six total  years. It's it's and that that doesn't even start   until they break ground. It doesn't even start  it's not it's not today, right? Just because you   reszone the property, you're still rezoning it,  but you're not you don't have any improvements.   The taxes really haven't gone up on that property.  So, you're still not getting anything out of   it even though that it's been rezoned. Um and  the the developer doesn't even own it yet. So,   but just to kind of keep that, you know,  just that thought. Um so, it takes six years   And that's true of any c uh any any possible  thing. So, one of the few things that um that   I'd written down just around that annexation,  which we're obviously fighting over now,   is that the city is that the city um had the  opportunity or should have had the opportunity to   tell Castle Rock, which I never got an answer on  this, but so Tony was there in the room and I was   talking to the planning commission and I asked him  specifically, Tony, what did you tell? could you   actually send me the application that you sent to  Castle Rock. I got a hold of it and what's really   interesting on there, he never says it never on  that application, it never says that it was for a   data center. It just says it was for a technology  park and it says in the annexation agreement that   if you know what is going to be developed there,  you would not withhold it from your partner,  

right, from your regional partner, aka Castle Rock  Township. Did you withhold that? Like did you did   you not tell Castle Rock Township that this was  going to be a data center? Did you withhold that   information from them? So I I think that's kind  of interesting. And regardless if if they got the   uh you know they got the announcement uh whenever  they got it or you know any of those things,   but did you withhold information out of the  application that you sent to Castle Rock? Did   Tony knowingly do that? And you also zoned it at  the exact same time. So when you annexed it, you   zoned it. And it's clear as day in this orderly  annexation agreement that you would annex first,   zone last. And you didn't do that. That's that's  of concern mostly for Castle Rock. Some of the   other u perceived benefits as we're talking about  here is this thing, you know, jobs, jobs, jobs,   jobs. We heard it. We heard it. We heard it. We  heard so many jobs. Yes, there are going to be   construction jobs. um within the last six months  Josh was up there saying I would open a restaurant   and I came up to this podium and said there's  no way that I would open a restaurant. You're   gonna have job. You're gonna have restaurant for  five years. And the rank and file employees who   work their butts off every single day, they're  not going to be out at your restaurant, a fancy   restaurant, a 14, 15, $20 burger, you know,  joint. They're they're not going to be there.   They're going to be eating out their lunchbox.  And so you're you're giving people advice,   business advice to go and open a restaurant that  likely in five years, six years at the most,   it's going to be gone because the workers will  be gone. And then you're left with what 20   folks who work at the data center, maybe  25, maybe 30. I'll give you 30. And that   restaurant's going to survive off 30 people.  So jobs, that was another perceived benefit,  

right? This is the other thing too is like we got  to wrap it up. I let you run 10 minutes. as we've   talked about this and as we continue to talk about  this is that um I was going back and and relisting   to something and that was the meeting with uh the  residents in in Castle Rock and the Castle Rock   um I can't I can't forget her name. Kristen  Kristen Dean had said to the residents, we were   questioning or talking about water and somebody  was saying, "Well, what about the water and am   I going to have to drill a new well and who's  going to have to pay for that?" And Kristen's   dean's response was amazing. And she said, "We  will not take any water out of the well. We will   only take it from the municipal water source." No  one's laughing. Why aren't you laughing? That's   funny. You know why it's funny? Because the only  spot that you get water is from a well. Farmington   doesn't have a waterfall and his water comes out  of it. We all get it from an aquifer. We all get   it from a well. Ask your city guy. Where where you  at? That guy right there. He probably he probably   knows right where the well is in Farmington,  right? Is it right underneath? Do they do they   drill out and blast out a whole area and have that  water come up and you know stick a big pump down   there? It's absolutely what they do. And sure,  it's called a pump. It may not be called a well,   but that's those are the kind of things that y'all  just don't see. I ended this letter. I ended this   comment with this with this thing. And this is  where I I'll finish for you. Don't blight on us.   You're bringing blight. And if you're unsure what  that means, grab a phone, talk to your attorney.   Please stop blighting on us. You're bringing  blight. Thank you for your time. Thank you.

Anybody else wishing to speak? Uh, I'll keep it short. Bob Richardson, 35 Elm  Street. Uh, about two years ago, I was at the   meetings for the charter school. Uh my neighbor  Dave Marsh will be sending most of you emails   tomorrow. We had a neighborhood meeting. Uh the  charter school is going against their conditional   use permit. Uh the police chief, county sheriff's  Mike Slavic's been addressed. We cannot even get   out of our yard driveways. They're entering the  left turn lane. This was addressed with Phil Lyn   or Phil Winchel during the planning. They're  entering the left turn lane on the eastbound   lanes of 50 coming over the the river bridge and  nobody's in front of them. Uh Dave is landlocked   back there. Uh I I've been working miso the  last three summers. I leave about 8 o'clock.   uh kind of been out on the road all day. The about  10 times out of the last three weeks, my yard is   beautiful. I got a runway. You can see the tire  tracks. I have to drive through the alley out to   First Street. Then uh uh the counseling center  also there was slammed in there. Before it was a   dentist office. They had the use of the where the  playground was. That was part of the Econo Foods   parking lot. That park, that street is used.  It's public parking, but they're abusing that,   too. They have four probably five official parking  stalls. And the city planner and the engineer,  

they that property for the counseling center.  They own property right up to the wall of the   charts school. So next spring they should be  demanded to build off street parking for like 10   12 cars to free up because that's adding to the  charter school problem. And uh they're tying up   the left turn lane. The stop sign at first in Elm  is a county legal stop sign like everyone along   county 50 means absolutely nothing. uh in front of  115 Elm which is a charter school main exit coming   out of the like a the retail and the charter  school. The stop sign was missing when the store   was empty. Uh like anybody can do a Dakota County  maintenance request for anything in the county.   They put a stop sign between the curb and the  city sidewalk which is city side city property   because they said they couldn't go on the back  side of the sidewalk property side which every   other stop sign you supposed to Minnesota  law legal stop or yield for pedestrian at   implied or marked crosswalk and that would be a  crosswalk. So, we addressed the county again. Now,   they put one on the center island coming out of  the charter school. So, you got a stop sign on the   back side of the sidewalk. Now, you got one almost  by the curb line and they don't even use that one.   If you want to set a your officer's been sitting  at a churros under request of us and uh they're   just running stop signs left and right. and we  can't even get out of our neighborhood. We can't  

even walk across Highway 50 even during regular  hours. Nobody yields to us. But that that cluster   there they're going against their agreement, the  conditional use permit. Mr. McGlenn and his reps   said they were going to be on site. There's one  one man uh teacher directing traffic. He's in   front of Dave March March's house, but it's just  a cluster from 8:00 or 7:30 to 9:00, from 2 to   3:30. And it I mean, property taxes are going up.  The county assessors are going to come through all   of our houses and and re-evaluate them. If you  got a postcard in the mail, city of Farmington,   they're picking or I think they're doing the whole  town, but we can't enjoy life anymore. And we got   like their project is bigger, but we got this  slammed into a retail and luckily we spoke up   and you you stopped the expansion or we would have  had 900 students. And then uh Great Oaks opened   their new campus up at Egan and they're at least  to 2030 and they'll be moving up there eventually   and then we'll have empty building again. But  as a group something has to be uh resolved   because in fact somebody's going to get run over  innocent person walking or biking or accidents.   That's how I want to speak. Thank you. Sorry,  I'm not a good speaker. You're good. Thanks. Anyone else wishing to speak? Seeing none, we'll move on to the consent agenda  and seek a motion to approve the consent agenda.  

Motion to approve. Motion by Nick. Second.  Second by Holly. All in favor say I. I. I.   All right. Next item on our agenda is 81. This  is a public hearing for resolution 2025 tax 078   vacating a drainage and utility easement within  the park ponds plat or park view ponds plat like   to go and open the public hearing at this time.  And Tony, thank you mayor, council members. Uh   yes. Uh before you this evening is a request to  vacate a drainage utilities meant from outlot   H within the Parkview ponds. uh subdivision.  The property is located at the intersection of   Embers Avenue and 198th Street West. Uh the city  is in process of replatting this parcel um of land   legally described as outlot age Parkview Ponds  into a single buildable residential lot. Uh the   intent upon replatting is to have the property  appraised and uh potentially sell the property.   Uh the outlot is currently encumbered with a  blanket drainage and utility easement. Uh so   it covers the entirety of the lot. Uh with the  conversion of the outlot to a buildable lot,   that easement then needs to be vacated and  new drain and utility easements would be   uh dedicated with the Park View Pond  second edition plat which we'll actually be   uh reviewing after this uh particular  item. Per state statute, the council   must conduct a public hearing regarding the  proposed vacation after published notice. Uh,   this map is also included in your packet, but it  shows the lot in question outlined in red and the   entire thing denotes the easement that exists over  that existing outlot to date. The action that is   requested this evening. After any public comment  is taken, close the public hearing regarding the  

vacation of the drain and utility easement and  adopt resolution 2025 TAC 078 vacating existing   drain and utility easement uh in Park View  Ponds. Thank you, sir. Steve, any questions?   Um Tony Mike Tony this is only the utility  easement and not the plat itself correct only the   easement correct right thank you no questions no  questions just a similar question to Steve nothing   about the trail falls into this at all right I  mean that's not in the easement I don't think okay I have no questions questions.  Uh it is a public hearing, so if   there's anybody wishing to speak,  feel free to come up at this time. All right, I will go ahead and close the public  hearing at this time. Any additional comments,   questions? Right. Seeing none, then I would  seek a motion to adopt resolution 2025 tax 078,   vacating existing drainage and utility easement  on Park View Ponds. Motion. Second by Nick,   second by Jake. Call the role, please.  Council member Cordes, yes. Mayor Hoy,   yes. Council member Bernett, yes. Council  member Lein, yes. Council member Wilson, no. All right. Next item on the agenda is  101 resolution 2025 tag 081 approving and   authorizing the signing of final plat Parkview  ponds second edition. Tony, thank you. Uh we   are requesting the review and uh approval of  Parkview Pond second edition final plat. Again,   this is for the same property that we just  reviewed the vacation of easement for. Uh again,  

this plaque consists of the conversion of an  outlot into a single buildable residential   lot. Property was originally platted in  2005 as at outlot H. Uh the intent of   outlot H was to preserve a potential roadway  corridor from Embers Avenue over to Akin Road.   At the time of platting back in 2005, uh the  city council did indicate that upon buildout   of the Park View Ponds development, uh that  outlot H could be converted to a standard   lot if the extension of 198 Street West to  Akin Road is determined not to be warranted.   Uh with the buildout of Park View Ponds uh  being complete, uh staff has determined that   that connection right now is not warranted  based on current traffic patterns and needs.   Uh as far as the final plat itself, uh what is  shown on the the screen is the proposed final   plat itself. The lot would be uh legally legally  described as lot one block one of Park View Pond   Second Edition would have a lot width of 11,783  square ft and a lot width of 85 ft. The property   is zoned R1 which requires a minimum lot size of  10,000 square feet and a minimum lot width of 75   ft. Uh standard drainage utility easements will  be provided uh with the plat. So there would be   10 foot on the front and the rear of the property  and 5ft easements on either side lot line. Again,   the intent of this is to uh replat the property,  have it appraised, and potentially sell it   sometime in the future. Uh do want to note that  buyer for the property has not been identified.   Uh again uh council did just vacate the easements  and again new easements will be uh dedicated with  

the plat. There is existing 10 foot wide batumis  trail uh located on the parcel. It extends from   Embers Avenue west uh into the Farmington Preserve  Park. The trail will remain on the lot uh and a   separate trail easement would be required uh to  cover that trail section. Uh the trail easement   would have to be executed and recorded at  time of closing for the sale of the lot. Uh the plane commission did review the  final plat at its regular meeting last   week and voted 40 to recommend approval of  the Parkview Pond second edition final plat.   The action that is requested this evening is  to adopt resolution 2025 tax 081 approving   and authorizing the signing of the final plat view  pond second edition contingent upon the following.   Number one, the vacation of the blanket drainage  and utility easement on the property legally   described as outlot H Park View Ponds. Thank you,  sir. Steve, any questions? Yeah, Tony, let me let   me walk through a few. I want to clarify this lot  size here because I approved this development back   in 200567 time period. Um, okay. So, we've  got this 10-ft trail. So if we approve this and then it becomes well let's just say after  the approval the property with the trail   um is essentially part of the property correct  so correct how how would we describe that today   as it relates to the trail portion I guess where  I'm going with it is if is the enduser it Like   let's say I wanted to buy this property. Uh let's  say I reach out to you tomorrow and say, "Hey,  

I I saw that this property is now open. I love  this neighborhood. I want to build here." Based   on a potential approval, wouldn't that property  owner actually own the trail? They would, but as   a condition of the sale of the property, we would  require that easement be placed over that trail. So they would technically they would own what the  underlying land but there would be an easement   over the trail. How do we handle that time? Yeah.  So let's take Danbury Avenue where there's kind   of a similar deal. That's one I can think of where  Danbury has that nice trail that goes down trying   to think if it's around 190th 191st you know where  that goes down there. So does the property owner   to the south own that trail? Is that part of his  property? Certain if it's on private property or   if it's on an outlot. Um our typical practice  now is to take trail corridors and outlots.   Um in this instance, you would be literally  chopping up the lot in order to do that. Um in   that particular instance, I don't know if that's  in an outlot or if it's on a separate easement.   In the past, we've done some in easements.  Um, but for the most part from moving forward,   we've been taking those as outlaws. Yeah. So, I  mean, I don't want to be overly challenging here,   but the fact that a that we as a council would  approve a parcel, which includes a city trail,   essentially means that anybody on their any kids  on their bikes, any moms and dads, you know,   joggers, bikers, you pick it because I've used  that trail for biking, running, that would  

theoretically be trespassing even though it's an  easement. That would be trespassing on someone's   property. No, wouldn't it? Easement's for the e  That's what the easement's for is to allow that.   So, what would the width what would the width  of the property be? The width is still 85 ft.   there would only be probably 62 feet of it would  be from, you know, if you take a foot or two off   of the trail for easement, you're looking at  probably 61 to 62 feet of So then the rem So   then really the buildable area is an R2 buildable  area in an R1 neighborhood. So and and I kind   of mentioned that before the meeting, right? I  mean that's kind of my concern. I really really   don't like for me I might be the only one but I  really don't like in a beautiful neighborhood all   you know I think you know we have many beautiful  neighborhoods in the city but I really don't like   the idea of the possibility of a very inconsistent  house being built in a true R1 neighborhood which   this is this I don't believe was a PUD correct me  if I'm wrong it's not Um and I I really unless we   have a lot of evidence where we've outlotted um  trails, but essentially the overlay of the actual   parcel uh the registered parcel is a property  owner. Um this I don't like this idea at all. anything to add there or no? Okay, Jake. Um, thank  you, Tony. My question is purely speculative,   but I know you mentioned that traffic studies  currently don't necessitate that road punching  

through. Is there anything that could change  in the future that might necessitate continuing   that road or is I don't know that we see that  road going through. Number one, it would be a   challenging road to put through. There's a pretty  steep elevation change there and plus it would by   be bisecting a park. Sure. In addition, um I  don't foresee any future need for that road,   but I would defer to John on that as well. Okay.  Thank you, Alex. Um I don't necessarily have a   question. Just as a property owner that has  a trail easement, I haven't found any problem   with that. Um, our property extends, I think,  2 feet beyond the trail that runs behind ours   and it's basically just my backdoor neighbor  mows 2 ft of my yard and that's great. Um,   and it it hasn't been an issue. I guess  the question that I was going to ask was,   had consideration been given at to actually  close that section of the trail? Was there any   um work that was done to see what amount of use  it has? Is it a required connecting location? I   appreciate it. I It's not that I don't have an  appreciation for it. I I actually use it all the   time as well, but there is trail that extends  behind and goes all the way up to Embers and at   195th and there is something that cuts across. But  as we're evaluating the maintenance aspect of our   trails and the amount of mileage that we can cover  annually, what's consideration given to that? Um,   I would probably defer to Kelly on the maintenance  question. We talked about it at a staff level,   but knowing it was an important connection to get  back to the preserve and we knew people used it,   we we just decided it was in the best interest  to keep that trail. Appreciate that. So, I I also   appreciate Steve's comment. Um, I looked at a few  other properties that had narrower footprints, and  

we have several of them that are actually on the  flip side. Um, and they don't stand out as being   awkward or odd in their in their footprint. They  would fit in here well. So, while I agree it's a   narrow lot, I I don't share the same concern that  it's going to create a awkward building in there.   It's just a more narrow footprint um of home. and  I've got six that I looked at on the other side   that I was comfortable with. So, I'm okay. Thank  you, Nick. I I think I just really appreciate the   two points here. Those are actually really kind  of helpful at driving my thought process. I think   from my perspective, I was almost relieved to  remove the ability to put a road through there.   uh anyone who's been back there, that gets kind of  a a very, you know, cool and interesting park back   there with a lot of I'll call them custom trails  and uh you know, travel at your own risk kind of   thing, which is always fun. But so the ability to  basically not close that off kind of keeps that   uh as kind of a nice preserve that I that  I really appreciate. So that's all. Yeah,   I don't have any questions. I I appreciate Steve's  point. Um, I mean, I look at two houses to the   south of me. It's a city trail that's divided  amongst two private parcels, privately owned. Um,   there's an easement there and the city maintains  it. Um, all of the legal measures are put in place   for um protection of both entities, right? So,  don't end up if you're going to have an easement   and you're going to have an agreement, you need  to make sure that it's it's thorough. And to date,   we haven't had any of those issues. Um, I mean,  obvious things come to mind like, you know,   if you get into the overall size of the lot with  the 10-ft trail, could the trail be reduced in  

width to better accommodate um the building  site? What does that investment incur? Um,   but at the same time, anyone who is at whatever  point, if we determine to put this up for sale,   um, they're going to know that there's a path  there, you're buying a property that has a path   on it. It's all part of the title and abstract  that they have to go through at closing. Um,   so hopefully we don't run into any issues down  the road with it um, subject to it passing   tonight. Um, but otherwise, thorough explanation.  I appreciate that. Uh, with that I would seek a   I'd seek a motion to approve the resolution as  presented. Motion to approve. Motion by Jake.   Second. Second by Holly. Call the role, please.  Council member Bernetts. Yes. Council member Lean.   Yes. Council member Wilson. No. Council member  Gordis. Yes. Mayor Hoy. Yes. Thank you, sir. Round table. Amy, evening, mayor, members of the  council. Um, as has kind of become the habit,   I'll pick a few points to to um call out from  some of the public comments that were made   earlier just for clarification. Um, one of the  speakers said with the list of all of the um,   permitted uses and conditional uses in the MUCI  district, um, it's I think it's an overstatement   to say that by including all of those different  uses that the council who adopted the ordinance,   it was saying that those are comparable uses. A  daycare is not the same as a data center, is not   the same as a restaurant. all of the I mean it it  simply is a list of all of the things that could  

go there and um and so when the when the um when  the code was adopted and a data center was added   um it was simply the choice of the council  in at that time that that was an appropriate   choice to make. Um, and then there were a couple  of comments about spot zoning. Um, and this is   an issue that has already been addressed by  my colleague who worked with Farmington um,   when all of this process was was going through.  Um, if the council wants more information about   why this is not spot zoning and all of that legal  analysis, I'm happy to follow up with that um,   and provide that again to the council. Um, and  then there were a couple of other po there was a   point about paying legal fees and having to issue  bonds and increase taxes. Um, I the the city has   insurance through the League of Minnesota's ins  of Minnesota City's insurance trust that after the   city's deductible does cover the legal costs um as  part of the insurance that the city pays for. So,   um, I've I have no expectation that there'd be  any reason why there'd be bonds issued to pay for   legal fees. Um, and then there were a couple of  other comments about um, don't blight on us. Um,   this does not meet the legal definition of blight.  Um, and I'm happy to provide more information   about that if the council is um, interested in  knowing the legal definition of blight in terms   of how HUD defines it and other different  um, uses of that phrase or of that word um,   or concept. Um, but unless you have questions,  that's my report for the night. Thank you. I don't have a comment today. Good.

Uh, I would like to extend my heartfelt  congratulations to the Farmington um concert   choir for a magnificent performance at ACDA. Uh,  which for those that don't know what that is,   uh, we joke that it is kind of like the  equivalent of going to state. Um, and so, uh,   the Farmington Choir program under the direction  of Jacqueline Schmeichel and Megan Dimmitch,   uh, was selected last year to perform this  year. And we had fantastic representation   um from the fire department and from the police  department um to acknowledge um what this means   to those students. And uh whether or not you  can tell on the faces of 17 and 18 year olds how   excited they were, they were crazy excited and had  a magnificent performance. Probably in my opinion   um one of the best coral experiences that I've  actually ever been witnessed to. um put on by   kids from our district. So, congratulations  to them. Um also on the note of all things   um performing arts related, Peter and the  Starcatcher uh opens this weekend, November 21st,   22nd, and 23rd. It is a great family experience um  for those that are interested in um exposing their   kids to the arts. It's at Bachman Auditorium,  also put on by FHS Theater. and um a fantastic   way again to uh support your students in the arts  in Farmington. Thank you, Jake. Um since this is   the last meeting before Thanksgiving, I just want  to wish everybody a happy Thanksgiving and I hope   everyone enjoys their time with their family over  the next couple weeks. Thank you, Steve. Boy,   Jake, you're reminding me of something.  So, I want to thank the fire department   for an awesome turkey bingo. Um, I think for the  first time ever, I actually won a turkey, which  

I'm going to use on Thanksgiving. So, I'm very  excited about that. Um, on our consent agenda,   and actually really congratulations to you, Kelly,  that we have, I think, probably high school age,   uh, 10 returning, um, warming house attendants,  and we hope the weather gets cold quickly and   stays cold. we have a lot of good quality ice time  even though many of us don't enjoy cold weather   but it's really awesome to see the rehires. So  that's that's pretty cool. Um and then I wanted   to congratulate too the high school girls cross  country team who for I don't know how many years   in a row has made it to state. Couple of uh young  men also made it to state. So congratulations to   them also. Thank you. I wanted to mention that  the city has been very busy on some big projects   and one of the projects that we are working on  is we're continuing to work on the 26 budget and   we're going to have the public hearing on December  1st which will be the next uh city council meeting   and also we are transitioning to a new finance and  payroll system. So, we are working on that right   now. And the city hall will be closed on November  27th and 28th in observance of Thanksgiving. So,   that's all I have. Thank you. Thank you.  No, no report for me tonight. Just happy to   be back. Thank you. Happy to have you back.  Uh, nothing this evening, Diana. Thank you,   Mayor and Council. Tonight the EDA met and we had  special guests with us to talk about Expo 2031. I   just wanted to thank everyone for participating in  that conversation and I'm excited to see where the   next conversation will lead us. So, thank you for  that. More to come. Thank you, John. Thank you,   Mayor and Council. Uh, hydrant flushing is all  complete. So, we're trying to get some more  

sweeping done before weather really turns cold.  And thanks to your support of our construction   specification update in the rightway management  section of the city code, we are uh implementing   winter season requirements at the end of this  week. So um for safety reasons, no more work in   the right of way once winter season goes into  effect aside from emergency work. Thank you,   Kelly. Good evening. Uh today is the last day to  register your house for the lighted holiday tour.   Um, so if you still want to register, uh,  farmingtonmn.gov, um, you can still sign up. And   then, as you're aware, the city received a grant  from the Minnesota Department of Natural Resources   for the construction of a skate park. Uh, our  first design workshop is Monday, December 8th,   6:00 to 8:00 p.m. at the Rambling River Center.  Um, the information is on the homepage of the   city's website. There is also a design survey on  there. Um, please take the survey. Please come   to the open house and spread the word. Um we're  looking for skateboarders, people who ride bikes,   um rollerbladers, scooters. So, um come and uh  visit with Spawn Ranch on on your ideas for the   Farmington skate park. Have we communicated with  the district at all about putting that out in   their weekly memos? I will get a message to them  just to try encourage more input. Yep. Thank you,   ma'am. Yep. Chief, I got nothing this evening. Um,  as as council member Wilson said, on November 8th,   we held our 74th annual turkey bingo. Uh,  it was packed for quite a while. It was a   great evening. Um, thanks for coming out and  supporting uh the department. Thank you, Chief.   Um, I wasn't here two weeks ago for  the uh meeting, but I I heard that  

there were a lot of very nice things that were  commented on about Officer Pete J Zjack after   uh his death by suicide. And I wanted to thank you  all for those kind words and then also recognize   um how impactful all of you are support for us  over the last three weeks, three weeks tomorrow.   Um it is a a terrible thing that that we all are  going through. Uh but the support from everyone in   this room has made it just the tiniest bit easier  for us. And I also want to mention the incredible   support that received we received from this entire  community. um the people that came out and showed   uh their love for uh Pete and shared stories about  his impact on them personally from contacts in the   community or at the school um are things that our  officers and staff are going to carry with them   the rest of their lives and I couldn't thank  you enough for that. Um and then transition   uh toys for town is well underway. Uh we have  our our donation sites uh equipped with bags and   we ask that everybody give as much as they can.  It's a a big need again this year. So um please   visit those sites and also um you know patronage  those stores as well. uh make sure you're spending   money where you're donating the toys as well  because we really appreciate those businesses   that are hosting those sites for us. Uh also on  personnel front, we have three officers in field   training right now. Two of them are anticipated to  graduate next week and will be on solo patrol. So   that's exciting for us. Two new officers on the  road. That's it. Thank you. Thank you, sir. I   have nothing to add. a lot of great points and um  bringing attention to a lot of great things that   are happening in the community. So with that, I  would seek a motion to adjourn. Sorry, can I steal  

my time back for one second or am I too far in the  process? Absolutely. So I I gapped out because I   was thinking of what you had said. So uh I'm not  looking for a pity party or anything like that,   but I do have surgery this Friday. Um they're  trying to basically work on my uh airway a little   bit. And so I just wanted to say like in the  unlikely event that I get a butcher for a surgeon,   I just wanted my last words up here to say I  appreciate all of you. Thanks. Well, you done   close it on a morbid note, Nick. I am a gallows  humor person. I'm sorry I get through it. All   right. All right. I don't know how to follow that.  Drop your motion to adjourn. Motion to adjourn. If   you run into a butcher and surgeon, I'll let  you serve the last motion. Motion to adjourn.   Second. A motion by Nick, second by Holly. All  in favor say I. I. We're adjourned at 7:57. [Music]