[0:00] [Music] [0:07] [Music] Hey. [Music] [0:53] We'll call the city council regular meeting to order for Monday, October 20th, 2025. Would everyone please stand for the pledge of >> allegiance? I aliance 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. [1:21] >> Call the roll, please. >> Council member Lean, >> here. >> Council member Cortis, >> here. Council member Wilson >> here. >> Mayor Hoy >> here. >> All right. Any changes to the agenda? >> Nope. >> Amy Nick. >> Anybody? None. >> All right. Seeing no changes, I would seek a motion to approve the agenda. [1:40] >> Motion to approve. >> Second. >> Motion by Nick, second by Jake. All in favor say I. >> I. >> I. All right. Moving on. Our next item would be citizen comments. If anyone in attendance wishing to speak, please come up and do so at this time. [1:59] Just a reminder 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 5 minutes. The city council will not engage in discussion on your topic, but those issues requiring a response will be responded to by the next city council meeting. Go ahead. [2:16] >> Good evening. My name is Nicole Coulson, 1 19235 Everest path, and I appreciate this opportunity to speak in support of the school district's operating levy and the outcome of a vote November 4th that impacts all of us. My family moved to Farmington from Apple Valley 19 years ago, just in time for our oldest daughter to start kindergarten at Meadow View. We plan to live here and volunteer in the schools until our youngest graduated from FHS in 2023. [2:48] My husband could see us putting it for sale sign immediately on the spot and moving to a farmhouse with land and space for a shop. I wanted less space and a smaller place. Either way, we weren't going to stay put in Farmington. [3:04] After David passed away suddenly four years ago tomorrow, this community, our friends and neighbors showed us a different path forward. We stay now because this feels more like home than ever. So much of our health and well-being is rooted in community, however you define it. I'm voting yes for the schools because of the opportunities they offer students, families, and fans of our teams, our programs, and activities. They are the heartbeat of this city and a key draw for folks moving in and putting down roots even or maybe especially as bold and sometimes difficult new chapters are being written here. [3:45] Thank you again for your time. >> Thank you. [3:57] >> Hello, my name is Sarah Rice. I live at 4099th Street in Farmington and I'm here tonight to also speak in support of this upcoming school levy referendum. Not more than 5 years ago, you could not have convinced me that I would be here speaking in support of funding public schools. Although I myself had a fairly non-eventful experience with public school growing up here in Farmington and attending public school through the middle of 8th grade, I found myself at a place in 2020 where I could not imagine public school meeting the needs of my children, particularly my oldest daughter who was diagnosed with autism at age four. I had tried homeschooling my daughter, but by the time she was in second grade, we made the decision to enroll her in a private school just for students with autism and learning related differences. It almost seemed like a magical place. We had looked into traditional religious private schools, but none of them would have taken her. [4:44] She was too far behind academically, and they could not provide the type of disability related support that she would need. At this special school, there were six students in her class and a behavioral therapist as well as her classroom teacher. It also came with a price tag of roughly three times the amount of tuition at traditional private schools. This was a lifealtering level of financial commitment. But as you might know, if you've ever spent 5 minutes talking to a mom of a child with disabilities, there's just about nothing I wouldn't have done. However, as you might imagine, there are pros, but also serious cons to attending a school that only contains students with learning disabilities. Socially, it didn't always seem like she was gaining skills that would transfer to other settings. And financially, we were already starting to drown when COVID hit. She couldn't attend school, which we understood, but I couldn't go to work if she couldn't go to school, and tuition still needed to [5:30] be paid. After three years in having our fourth grade daughter still reading at a second grade level and doing math around a first grade level, we made the difficult decision to pull her out. And during her fifth grade year, we moved home here to Farmington where we grew up. And like the rest of the world, I homeschooled during the pandemic. Since I had been homeschooled and been around homeschooling a lot growing up and in the churches we attended, it felt natural. The plan had been to continue with homeschooling even once the pandemic ended. But I could tell something needed to change. She was making up some of the ground she needed to academically, but she wasn't thriving overall. She needed more opportunities for connection and community. We looked at homeschool co-ops, but none of them had the infrastructure to really support her. We settled on a charter school in uh in a town just south of here during [6:16] the summer before her sixth grade year. I was so nervous about even a type of public school, but I got her enrolled. There had been messaging both from a cultural standpoint and honestly just as part of a special needs parent community that painted a picture that there was just no way public school could be a good option for her. In August of 2021, literally weeks before she was supposed to start sixth grade at the charter school, I saw a post in one of our Facebook community pages. It was a band parent proudly sharing about an event the high school marching band had taken part in. Banned? I hadn't thought of that. Part of her struggle with finding a community to plug into was that she wasn't a sports kid. I remember the band program from when I was growing up. That was the type of program with built-in infrastructure of commitment and teamwork that might be exactly what she needed, but it wasn't available at the [7:02] charter school or most charter schools. So, I called an Audible and I enrolled her at Bachmann, terrified, not knowing what was going to happen. But being here in my hometown, I just felt like I'd be able to keep an eye on it and see how things were going. The last five years have blown me away as at every turn, teachers have supported her, cheered for her, and worked to help her thrive. She came in sixth grade years behind in reading and math. She's in advanced math now. She reads advanced texts for fun, and she's taking a course offer through DCTC and Inver Hills at the high school this year as a sophomore. That progress happened here in district 192. She has all A's and B's right now, but even last year when she struggled a bit through geometry, I had no doubt she had the tools and team around her to figure it [7:47] out. And she did. And boy, does she love band. And that band loves her right back. And I can't begin to tell you what a gift that is to a parent who has watched their child navigate incredible isolation due to disability. While I credit our community page with reminding me of the benefits of a band program in school, and for that I will always be grateful. lately. [8:06] If you spend much time on there, there are some loud commenters who may have it who may make it seem like the school levy is a division of the usual teams. I am so thankful that that couldn't be further from the truth. I took the leap and attended my first meeting of volunteers to try and help spread the word about this vote a couple of months ago. And what I discovered was what an incredible experience it is to work alongside a group of neighbors that have hugely diverse opinions about just about everything. But they understand what I have come to know is true as well. [8:35] There's a lot going on that we can't change in our state, in our country, and in our world. Doesn't mean we stop trying, but we acknowledge our limitations. But where we can always have the most impact is here at home. And we don't have to withhold what our community needs as some sort of loyalty pledge to a team. We don't have to let fear and chaos drown out all the good things that are happening when we take the time to talk to our neighbors and hear about them. I know our story isn't everyone's, but it's probably a lot more common than people might think. School District 192 is where my daughter came alive, where she was and is surrounded with support and care and where our family is thriving. I'm hopeful the community will see how desperately these funds are needed to keep basic programming in place because it matters a lot to kids like mine and to parents like me who are so thankful to have found the support and care our kids need to thrive right here at home. Thank you. [9:23] >> Thank you. [9:41] Tomorrow is my birthday. [9:50] Here I am again wishing that Farmington City Council tracked the Minnesota DNR. the Met Council, the state of Minnesota, hell, maybe even big track tech companies will realize that locating a hyper data center 250 ft from my house is wrong. [10:11] Locating an electrical substation 40 ft from the property line is wrong. Potentially following my wellwater is wrong. Creating daylight 247 is wrong. and allowing a constant mind-numbing hum from the cooling towers is wrong. [10:32] None of these things should be allowed because of the zoning change. If I blow out my candle, will my twin wishes come true. [10:53] I'm Nancy Arstead, Bowmont Avenue. Braveheart. I'm sure you've all seen it. Great movie. Mel was in his prime. Why was it a blockbuster? It was about a great leader. [11:09] It was the true story of William Wallace, a Scottish knight who was fighting the English. He didn't tell his men to go fight. He fought beside them. He was ready to die. He didn't ask his men to do something he wasn't willing to do. We honor leaders like that. George Washington, same thing. Our first president, physically fought in a war. [11:30] He didn't ask his men to endure something he wasn't willing to also endure. He is honored, a true leader. And then there are these those movies we've all watched where the generals sit on their horses on a on a distant safe hill and they send their men down and watch as their troops get slaughtered and then they turn and go home without a scratch. And we look down on those leaders. They are they look weak. There is no honor in that. I'm trying to make you see why the public outcry continues to grow. You are those leaders on the hill. You sat on your hill with track down at one side, your staff pushing you on the other, and you voted in this [12:15] misery for us while you live on the other side of town. You get to go home to your quiet neighborhoods and and you leave us to deal with the fallout for years to come. This is not honorable. [12:32] If this data center were surrounded by open fields, this would be a different fight. But it's not. This data center is surrounded by our homes. It's surrounded by established homes, 250 ft setbacks. It's surrounded by children, babies, grandparents, hardworking families, people who work nights and have to try to sleep through the industrial construction noise during the day, people with health issues, people who thought they bought their dream home. [12:59] This is wrong and everyone can see it. There is only one leader up there. He stood bravely alone. He took one look at this map and he said, "I wouldn't do it. I wouldn't want it for me. Therefore, I'm not going to do it to them." One leader out of five. [13:15] Jake, I know you didn't vote on November 4th, but you publicly supported this project. If your view has changed, you can say so. Otherwise, I have to lump you in with the rest. Remember COVID when we couldn't go to a bar with our friends, can't couldn't go to sport events, no school, no entertaining, nothing. How did you feel when lawmakers who forced those rules on us were caught hosting parties and fundraising with hundreds of people with no masks, getting their hair done when we couldn't get our hair done? We looked down on them. Rules for thee, not for me. [13:49] There was a suggestion online to set up construction lights around your homes just to give you a tiny taste of what we'll live with and you didn't like that idea. Again, rules for thee, not for me. You seem surprised as the public continues to push back. Holly mentioned it a few meetings ago. I'm expecting that publicly criticizing your actions and speaking the truth will continue. [14:15] Mayor, on April 7th, you talked about the public push back as well, and you said it's sickening. It's sickening to watch. Anyone can find that on the April 7th meeting video. It is right before you guaranteed that the city would win the lawsuit. [14:32] Josh, people fighting for their homes, their families, and their quality of life is not sickening. What's sickening is voting this in for people you serve while you live on the other side of town. What's sickening is watching you continue to double down, ignore the residents and refuse to protect them. The truth is you thought you could sell us out to tract and that you we'd lie down and take it. We aren't going to lie down and take it. You we may not look like William Wallacees out here. Look it. [15:07] But we have the same spirit and we'll keep fighting even against the odds for our homes and our families. Despite what your attorney may say, you and Track could still change this course if you wanted to. You know, you could. And will you? No. It would take way more courage for you to decide to protect us rather than fight against us. And sadly, I don't see it. But I'll keep praying for your hearts to soften, your ears to open, your eyes to see, and for you to find the courage to be the leaders your residents are begging you to be. And yes, the push back will continue. And no matter how this ends, there will be no statues for you or your staff because [15:52] this is not honorable. Thank you. [16:10] Mayor Council Jeff Shhatler 22420 Calico Court. I'll try to be quick last time. I appreciate you letting me going over the five minutes and not cutting me off. This all comes down to the original decision of the zoning issue. This project does not follow or support your guiding principles connectivity and it certainly isn't compatible with residential. [16:31] Municipal code states that it describes the purpose of the industrial district as providing areas for industrial activities while protecting adjacent properties from negative impact. The protection that's been afforded wasn't by you guys, wasn't your ideas. [16:47] It's what track came. They even said it. They tried to put their best foot forward. I haven't seen one move out of this city staff or this council or you mayor to respond to things we've asked for. Not one thing. Not one. What tract offered, that's what we get as people. [17:06] It's not what you thought of. It's not what the master's degrees that sit over there sometimes thought of. It's what Track thought of. Um we're asking for things to change. you're going to be at a point where there's winners and losers only and there's no middle ground. Um, we've talked about, I've offered, other people have offered. There's designs out there and plans out there of this technology park affording the same exact square footage, the same revenue to the city, the same profit to tract, but gives us some of the things we're looking for. [17:37] You guys won't entertain that. It's crazy to me. You could do things to stop these L lawsuits now, but you're not even attempting. Um, data center fits both MUCI and industrial zoning. How is it fits both but has no distinction or description of them? If it fits MUCI and industrial, why isn't there description? You know, which one fits in which one? Or it just fits in both? Um, and where in city code is a hypers scale technology park? They're a little bit different. A data center is a building. [18:11] It's one complex. It's not 12 different ones, you know, 10 different ones, whatever they're doing. The general purpose for industrial zoning is as follows. Industrial zoning separates industrial activities from other areas like residential neighborhoods to minimize issues like noise, traffic, and pollution. The regulations often consider infrastructure needs, environmental impacts, and compatibil compatibility with surrounding area. [18:36] What's the distinction then that this isn't heavy industrial? Every place else is moving these straight to industrial. Tract is dealing with Cannon Falls right now. They went straight to their heaviest industrial to put that in. It's the same exact size, footprint, design, everything. They're giving the same specs, this many megawatts, this many square feet, this many jobs, this much money. It's the same thing. So, what makes Farmington different than these other cities that that decide these need to be an industrial versus we're putting them in MUCI? It's obvious to all of us. [19:05] The difference is Met Council would not have allowed those properties to be zoned into industrial. They're not going to let you put industrial there, but they'll let you put an industrial entity into there because it fits your outdated and insufficient ordinance. [19:20] We know the difference from a house and an apartment building, heavy automotive, light automotive. Where's the difference in data centers? The size and the scale and where they actually belong. I it just it's obvious it's pure industrial project. There's three of you up there that's well not tonight. [19:38] There's two of you tonight that said you wouldn't like it. Holly also admitted out loud she wouldn't like it. Steve even voted against it. Your most seasoned and experienced council member said it would scare the heck out of him if he saw that at 250 ft. Don't listen to me then. Listen to the guy that that coached all of you and gave you some tips and pointers as you came in as your most seasoned person. [20:01] listen to him. See what what he would have wanted to see different. Work with him if you don't want to work with us because he's listening to us. He's talked to us about it. Um there's time for things to change. It doesn't have to be a win or a loss. It can still be made to work out for people, for residents, and for the city and for the Olsson's and for the school. Um at some point you're forced into a corner where you win or lose. you know, once this next judgment comes out and cases get to combine, it's a simple win or loss. Then there is no negotiating anymore. Then um I don't see why you wouldn't take a second and think about it and talk to people and at least produce a false report to people. Hey, guess what? We reached out to track and they said not going to work. You won't [20:46] even give us a fake report that you tried. You know, we're here asking you over and over for something to happen, a solid effort on our part. We're up here trying. We didn't complain once. We haven't complained for a day. It isn't like this is fun for any of us. We all have lives and things to do. So, we're hoping at some point some of this can be heard. We are your people and your residents. Whether it comes or not, we're still going to be here. You know, you're going to have to listen to us and deal with us forever. It's going to push some of us to try to get up there and sit next to you guys to help make decisions like this. Why go that far? [21:20] Thank you. [21:33] Hey, good uh good evening, mayor and council and city staff. My name is Nate Ryan. I live on Cambrian Way uh just on the other side of Farmington. Um, so last time I was up here, last time I spoke, I talked about a moratorum and the city attorney had uh given you what I assume to be legal advice and said, you know, basically um that a moratorum is not applicable in this in this situation. Uh so I don't normally like to disagree with attorneys because I I think highly of them and I respect them a lot. Uh but in this case I I only disagree because I I just don't know that from the time that I spoke until the end of the meeting was [22:19] 18 minutes. And I'm concerned that when somebody takes 18 minutes to research something uh or you know has experience with that and and maybe doesn't look at the totality of the situation that that legal advice that came across at the end of the meeting which Josh replied to thank you for the factual um you know thank you for the factual information. [22:41] I'm just I'm just concerned. I'm concerned that because what I look where you're getting your advice from, their interest and everyone's interest is not mine. It's not for the city. It's not for the residents. They're kind of telling you what you want to hear. And I'd like to bring up moratoriums just one more time. Uh because I definitely think that this is something that could help. And my goal of this is to not have you ever be in any more lawsuits or to bring track back to the table to let's get those setbacks to 400 ft. Let's still have them build buildings. I've never come up here one time and said no data centers. I'm not anti-data center. I am um for myself and [23:29] for my neighbors in very much favor of getting larger setbacks. And I think that with larger setbacks, track can still make billions of dollars. they they can still do their project. We can um you know maybe not net any revenue. We I think that we've already spent it, but that's for a different conversation. [23:48] But I want to go back to moratoriums and specifically around that Minnesota law does Minnesota statute uh 462.355 allow citizens and townships to enact interimm ordinances or a moratorum that temporarily freezes certain types of developments for up to one year where they conduct a study or update their comprehensive plans or zoning ordinances. [24:11] And I definitely think that there is an opportunity here um specifically around having a moratorum that because the part of that is the city council must provide written findings demonstrating that exist uh that existing plans or ordinances are insufficient to present prevent serious public harm from the development in the area. And I definitely think that there is serious public harm that can come with these uh with these data centers. One of them the biggest one is fire. And I think that we're seeing that with the op with the wanting to grow the fire department. [24:45] They have to have specialized, very specialized equipment to put out a fire. Um, not only that, the components when they're burned, if they were to catch on fire, are extremely toxic, not just to kids, but to everyone, but specifically children. Um, I do think that there's water pressure issues uh that would arise if you're in the construction phase and you haven't built a water tower and there's a fire over there and you don't have there's happens to be another fire across the across town, you're potentially not going to have the water and the fire the water pressure needed, excuse me, the fire the water suppress uh suppression slash pressure needed to fight fires potentially two or three across the city and I think that [25:31] is a very big public serious public harm. Um the other thing is with the noise, glare and dust of construction and the fact that I don't think that we've got our zoning completely right. I've said this from the very beginning and Kathy can say for sure when I first heard about this project from her, my very first response is this is about zoning. This is not about a data center. [25:53] This is purely about zoning and this is an industrial project. And I definitely think that we need to get that zoning right because if we don't then we have other commercial mixeduse properties that get zoned and now we have other potential heavier industrial go on in that area. Um specifically around mixeduse commercial industrial that word mixed use there's there's no mixed use here guys. There's just simply not. This is a pure industrial site and I've done a lot of understanding about the differences between a regular data center and a hypers scale data center and hypers scale data centers are almost always [26:39] except for Farmington are in industrial pure industrial areas. One of the biggest reasons why is consumption of power. So 750 megawws is not a little bit of power. And again going back to just the pure fire aspect of it to fight a fire that has all different types of components plus that much electricity which is phase three which means it's constantly on. There's no like I mean you could turn it off from the station but it's constantly on like that. That's a thing with these hypers scale data centers. They start at 10,000 square feet. A regular traditional SATA data center is 10,000 square feet or less. Um scalability, these things are meant to have multiple users, multiple, [27:25] you know, multiple owners that are that go on here. Whereas like a regular traditional data center like the 5 megawatt one that's up in Egan, that one is just one one company, one one user, one thing. These things are not built for just one user. These things are built because they're for for industrial reasons and they scale that way as well. [27:46] The most significant difference between a regular data center and a hypers scale uh is architecture and and software automization. So they really allow these to scale dynamic dynamically and massively and those are and those are there that that is one of the main reasons that they use the term hypers scale. And I would like to point out again that we don't have a definition in the city of Farmington for hypers scale data center. We're going off of an old school definition of just data center. Back before they were over 10,000 square feet. And I really really I don't want to see you guys sued. I don't want to see us sued. I don't want my tax dollars sued. It's annoying. At a bare minimum [28:32] there there must be a difference. And and that protects the public. That is a reason to bring forth a moratorum. That is a reason. It's something that you can bring and say we're protecting the public. And it's not saying that we're never going to have a data center inside of Farmington ever again. It's simply saying let's stop. Let's look at this and make sure that this is the right spot with the right setbacks to protect the public. And there have been cases where more where cities have used moratorium. Line of lakes comes up, right? So, and that was a housing moratorium. In Minnesota right now, we have moratoriums against building nuclear power plants. We have we have moratoriums against building hospitals. [29:14] Moratoriums are a thing. And it starts here. Tomorrow morning, the Dakota County Commissioners meet at 9:00. I'll be there next. But I start here. I start with the people who I know along with that. And I know that I'm going long and I apologize for that. But along with that, I just I really would like to just have you just understand a few other things. In the PUB that I would assume that Tony wrote with the help of tract, the the minimum transmission line starts at 69 KV. Okay. [29:52] So, I'd like you to think of it this way. KV um is a is a flow volume. So, and it's moving at very high pressure. So like right like like a air hose has a lot of KV if it's under like a lot of a lot of pressure right like let's say 100 PSI pounds per square inch of pressure and KV the higher that number goes the more pressure that's on that line in your PUD that you that you wanted to you didn't sign up for a a KV that is mixeduse commercial industrial your minimum is 69 kV that's what's written in your PUD 69 KV, look it up. That's the minimum. It's not the maximum. It's the minimum. That is the lowgrade, low [30:37] industrial starting point. It's not the mixeduse commercial industrial starting point. That is the industrial starting point. And it just goes up from there. And in order to put in a data center of this scale, you need a little bit more. probably closer to 100 KV which for sure puts this project inside of that industrial range industrial space which then going back to my original point could really harm the public and that's why I definitely think that we need a moratorum not to mention so when you did your comprehensive planned uh rewrite or your whatever you called it Josh I don't remember but you did that rewrite started in 22 there were some staff changes it didn't, you know, didn't go anywhere. Uh, and then once [31:23] you rewrote those things, the inside of there, some of the major thing it talks about is protecting wetlands and protecting environmental resources. It also says that your goal across the city is to reduce your carbon footprint, your um, whatever they call the gases that cows fart make. I can't remember what it's called, but the n the CO2 footprint. um so that that you want to reduce it by 15%. [31:54] So how does this project reduce your carbon footprint by 15%. How does it reduce it in the construction phase? How does it reduce it when you move forward? How does it reduce it when you pour warm accidentally pour warm water into that river and you kill all the fish that are there? [32:12] That is an immediate need an immediate need for a moratorum to protect our natural resources. And that's what you all loved. When you go back and read your comments, you're like, "Yeah, those things are great. We love our natural resources. That's what we want. Yay." You're saying one thing and you're doing the complete opposite. You're not protecting the river that flows south there. You're not protecting the residents, but you have an opportunity. [32:38] And that opportunity is a moratorum. Again, it doesn't mean that we never have a data center here in in Farmington. It just simply means gosh darn it, let's just make sure this is the right spot. Let's make sure that this is the right setbacks and it brings them back to the table. They have to negotiate with you. You enact a moratorum rather than the citizen suing you now. You've got sack you've got track suing you. By the way, I'll pay for that in my taxes, right? I'm going to pay for a lawsuit either way, but I would much rather pay and I can guarantee many other people would much rather pay for a lawsuit where you're protecting our interest rather than giving us double middle fingers. [33:24] Thank you for listening. I hope that we're getting the message across. Moratorum would work. It will bring track back to the table. Are you going to get sued from Tracked? Yep. You're going to. I can almost guarantee it. [33:39] Just like Lionel Lakes got sued by the faith-based organization that wanted to bring in faith-based housing over there. However, that moratorum only lasted a year and now they're building. Lawsuit's still going on. But at least this city of Lina Lake said "Hey we're we're doing what's right for our residents. [34:02] Thank you. [34:10] Anyone else wishing to speak? [34:18] Seeing none, we'll move on to item seven, which is our consent agenda. I would seek a motion to approve the consent agenda. >> Motion to approve. >> Motion by Steve. Second. >> Second by Jake. All in favor say I. I. Excuse me. [34:33] Next item on the agenda is a public hearing for the certification of delinquent municipal services to the 2026 property taxes. I'd like to go ahead and open the public hearing at this time. Kim. >> Thank you, mayor and council members. Tonight we are holding a public public hearing related to the city's annual process for certifying delinquent charges to property taxes. Each year, the city incurs costs when services are provided but not paid for. Most often, things like water and sewer utilities, mowing or or snow removal done on neglected properties, and code enforcement work required to maintain community standards. Rather than send these unpaid bills to a collection agency, which can be costly in and inefficient, we use a process laid out [35:21] in state law that allows us to recover those amounts through the property tax system. Property owners were notified of their outstanding balances at the end of August and given clear instructions on how to avoid certification, specifically by paying their full balance by October 16th. That deadline has now passed. [35:41] Following the cutoff date, there are 446 delinquent accounts with a total outstanding balance of $252,846.70, which is now being requested for certification. The goal of the this process is about cost recovery. These are services the city has already provided. Certifying them to the tax role ensures we can recoup those costs fairly and consistently without shifting the burden to the broader taxpayer base. [36:10] Once the public has had an opportunity to comment, staff is recommending that the council close the public hearing and adopt the resolution to certify the unpaid balances to the 2026 property tax roles. >> Thank you, ma'am. Nick, any questions? [36:25] No questions. >> Jake, >> none at this time. Steve, >> none. >> I have no questions for you. This is a public hearing, so if there's anyone wishing to speak, come up at this time. All right. Seeing none, then I will close the public hearing. Uh, any additional deliberation or comments, Nick, Jake, or Steve? [36:49] >> Okay. and seek a motion to adopt resolution 2025 tax 071 certifying delinquent municipal service accounts to Dakota County Treasury Auditor for collection with the 2026 property taxes. >> Motion to approve. >> Second. >> Motion by Steve, second by Nick. Call the role, please. [37:06] >> Council member Wilson, >> yes. >> Council member Cortis, >> yes. >> Council member Lean, >> yes. >> Mayor Hoy, >> yes. >> Thank you, Kim. Our next item under new business is 121, which is the agreement with Spawn Ranch, Inc. for design and construction services for the skate park. Kelly, good evening, mayor and city council members. I'm excited to be here this evening to mark the next step in the development of a new skatepark here in Farmington. The development of a new skatepark in Farmington has been a long time in the making and reflects years of community interest and need. Some may remember nearly 20 years ago, the city had non-permanent skate park ramps set up in the rinks, outdoor rinks behind Dodge Middle School. These ramps were [37:52] extremely popular and well used until they were eventually removed by the city due to safety concerns. In March of 2021, skateboarders presented to the Parks and Recreation Commission about their idea on a permanent skate park being constructed in Farmington. Since then, the commission has made the skate park a priority, recognizing a significant gap in recreational opportunities for pre-teens and teenagers within our park system. [38:20] There was much community interest in adding a permanent skate park that it was included in the master plan for Rambling River Park, which was adopted in August of 2023. The city of Farmington applied and was awarded a fiscical year 26 outdoor recreation grant in the amount of 350 thou $150,000 to support the development of this new skate park. This grant is administered by the Minnesota Department of Natural Resources and is fed federally funded through the land and water conservation fund. The outdoor recreation grant program requires a onetoone match. The maximum grant award is $350,000 for a total project cost of at least $700,000. [39:02] At the February 18th, 2025 city council meeting, city council approved matching funds up to $350,000 to come from the liquor operation community project funds. [39:21] The new skatepark will be constructed at Fely Fields in Ramling River Park. The existing small baseball field known as Lost Ballpark will be demolished to make way for the new skate park. Staff explored multiple options for the design and construction of the new skatepark. [39:37] After careful consideration and consultation with various stakeholders, staff determined utilizing the Sourcewell cooperative purchasing program for the design build of the skatepark was the most efficient, effective, and advantageous approach. Sourcewell is a state of Minnesota local government agency that offers competitively solicited cooperative purchasing contracts to stream streamline purchasing for public agencies. staff evaluated qualified vendors through the Sourcewell program, which includes four nationally awarded contracts for skate parks and related services. Two firms, California skate parks and Spawn Ranch, came highly recommended by Metro Area Parks and Recreation Professionals for their experience and quality of work. [40:21] To determine the best fit for our project, staff conducted a thorough evaluation process, including contacted both firms and obtained their statement of qualifications for profess professional design build services. Held virtual meetings with each company to discuss their approach, experience, and understanding of our project. Requested and received formal design build proposals for our project from both firms. and met virtually with municipal colleagues who are or have recently worked with either firm on similar projects including design construction or a f a full design build services. [40:57] Spawn Ranch invited staff to a site visit of the Apple Valley skate park during the construction phase after the some of the concrete had been poured. Four members of the parks recreation team visited the site and met directly with Spawn Ranch's on-site construction team to observe their work and have a valuable discussion with them based on their qualifications, relevant experience, responsiveness, and observe construction quality. Staff recommends entering into an agreement with Spawn Ranch for design and construction services for the new skatepark project. [41:28] Spawn Ranch operates under the mo motto all wheels reflecting their commitment to designing and building skate parks for anything on wheels without a motor. So that would include skate parks or skateboards, bikes, um scooters and rollerblades. Just no e anything or motors. Staff also identified several key reasons for selecting Spawn Ranch as the preferred design build partner. [41:54] Public engagement number one. Spawn Ranch will facilitate three public input meetings to gather community feedback. The first two meetings will be held in person with the third conducted virtually. Site enhancements. Spawn Ranch will oversee the design and construction or installation of all non-spark non-skate park features which may include sidewalks, trails, concrete pads for shade structures, benches and trash recycling containers and landscaping. [42:23] A collaborative design team. Spawn Ranch is partnering with Action Park alliance APA who is a professional skate park management and leaders in adaptive wheeled sports in design process. We are excited that APA will be part of the design process as they are champions of adaptive wheeled sports. This will ensure accessibility features are informed by best practices and direct user experience. In one of my recent phone calls with Jason from Spawn Ranch, he shared he had just gotten off a phone call with Victor at APA. Victor was excited to share that the city of of Chicago had reached out to APA to build an accessible skate park in 2026. [43:03] Thus, we are thrilled to have APA involved with our project. Spawn Ranch informed me, "We are at the tip of the spear as few communities are prioritizing accessible features in the skate park like we are." Many say a lot of communities just say we don't even care if it's access accessible to get to. So we are far ahead of the curve as far as accessibility goes. The skate park will be funded through three sources. $350,000 from the outdoor recreation grant, the $350,000 from the liquor operations community project funds, and $300,000 from the park improvement fund, bringing the total amount available for the project to $1 million. [43:43] As a reminder, the park improvement fund includes cash in lie of land paid by developers to satisfy the parks that the city's park dedication requirement in in instances where land for a park was not dedicated. Recent examples of this include Vita, the rye dot meadows preserve and Denmark housing edition. [44:06] It's important to remember park dedication fees cash and loo can't be used for ongoing maintenance or replacement of existing amenities such as playgrounds, trails or park features. This restriction is set by state statute. Thus, the skate park project represents an appropriate and impactful use of these funds. The agreement with Spawn Ranch stipulates the project must be completed for amount not to exceed $1 million. Spawn Ranch has estimated design costs at approximately 25,000 with the remainder of the amount allocated to construction activities and materials, shade structures, benches, picnic tables, bike fixit stations, etc. [44:50] While the grant agreement with the DNR is expected to be executed in November or December of 2025, several pre-construction tasks must be begin before then. A budget amendment is needed to authorize early phase work in 2025, including a phase one literature review and archaeological assessment as required by the Minnesota State Historic Preservation Office, a site survey, geotechnical in investigation, and design by Spawn Ranch. These activities will all be funded out of the park improvement fund. [45:21] I want to take this opportunity to thank Carrie Kubichek, HKGI, and Josh Scholinger and his team. Without their vision, hard work, and dedication, this project wouldn't be a reality. The action requested tonight is to approve the agreement with Spawn Ranch for design and construction services for the skate park and amend the budget accordingly. Be happy to answer any questions you have. [45:43] >> Thank you, Steve. Any questions? >> Um, no questions, Kelly. I know this has been a really long time to get to this point. Um you mentioned something that I do want the community to be aware of that the reason we're here today really is 3 to four years ago you had um you know a teenage group which quite frankly there are so limited amounts of activities um for kind of that you know the 910 probably up to 14 15 16 um and you know having that group of organized kids, you know, in the community coming to you with an idea, presenting a [46:28] proposal, having the park and recck commission work through it, collaboration with us, collaboration with the team. Um, I just really appreciate all the great work and the fact that we're here today kind of really getting this going. >> Jake, uh, Kelly, thank you for your dedication to this project. Over the last few years, I know uh several community members that I've talked to about this new skatepark are very excited to see it coming. Um it bears repeating that no tax dollars are being spent on this. It's coming from grant funding, uh park improvement funds, and the liquor operations community project funds. You touched on the park improvement fund already, but typically in Farmington, the liquor operations community fund uh goes towards projects [47:15] like this, new things. We don't Well, there is a little bit of flexibility. We traditionally have been using that for amenities such as this. Is that correct? >> Correct. And I think the last community project was work at the Ice Arena. >> Y >> thanks, Kelly. [47:31] Nick. >> Well, Jake wrote his down so it's more thorough than mine. I was just going to say like I really appreciate the work that Carrie does. >> Obviously it comes through in big in in situations like this and all the other examples that we've had recently. Um to Steve's point the missing area in our park system. Uh this is one of those huge things that just goes a long way towards that. So I really appreciate us trying to focus in on this and I thank the parks and reccomission for doing that too. Um I know they're a big part of driving for a lot of these things. So, I'm excited. [48:06] >> Yeah. Not to be redundant on what my peers have said, but you know, looking back to 2019 and even when we started the initial community survey about Jim Bell Park and that kind of started the larger master plan conversation with the park and recck board, um, city council, EDA, and just talking about where the priorities are, where we see naturally occurring development, and how we can best fill those gaps within our system um, going into the Rambling Ling River um park master plan and seeing the concepts narrowly missing the grant last year. Um >> you know, if anything, it's it's almost bittersweet because we we get it a year later, but it also allows us to or [48:52] allows the community to contribute more into like the liquor stores, which again are dollars put right back into our community, right? Um, so just it's a it's a culmination of of many things working in our favor and it's it's great to see it finally getting to this point and and moving forward. So, thank you. [49:11] With that, I would seek a motion to approve the attached agreement with Spawn Ranch, Inc. for design and construction services for the skate park and amend the budget accordingly. >> So moved. >> Second. >> Motion by Jake, second by Steve. Call the role, please. [49:28] >> Council member Lean. >> Yes. Council member Cordis. >> Yes. >> Council member Wilson. >> Yes. >> Mayor Ho. >> Yes. Thank you, Kelly. >> Round table. >> Round table. Good evening, Mayor, members of the council. >> Um, as has become the habit, I'll um kind of respond uh to some of the comments that were made during the public comment session just to, you know, have the information out there for the public to have. Um, one of the speakers talked about um, the MUCI zoning and in Canon Falls they're going, you know, this type of data center development is going straight to an industrial zone. Obviously, Cannon Falls [50:15] is different than Farmington and their zoning code is different than Farmington and the land that's available in Cannon Falls is different than what's available in Farmington. And so even if that is what they're doing in Canon Falls, which I don't know one way or the other, I have no reason to doubt that that Mr. [50:32] Shhatler is correct about that, um it's it's not an apt comparison because it's this is Farmington and the Farmington city code is what applies. Um and that sort of relates to one of the things that Mr. Ryan mentioned about the the mixeduse commercial industrial the MUCI zoning. um that zoning district, as we've talked about before, is intended to provide flexibility. [50:58] It doesn't the fact that it says that it's mixed use commercial industrial doesn't mean that every project has to be a mixeduse that goes into that zoning district. It doesn't it it provides that you can have a mixeduse, you can have a commercial, you can have an industrial project. It gives that flexibility um within the code for different use different development to go in there uh into into anything in that zoning district and more than you know if you look at the zoning map for the city I mean a much larger part of the city is zoned for under the MUCI it's not just this parcel um and you know I don't hesitate to you know comment about um um [51:46] things that I have said in the past because this isn't about me. Um you know I and the fact that um Mr. Ryan said that I gave advice to the council after only 18 minutes. Um I don't know if he means that that I gave you flippant advice. Um that was never my intention. [52:05] I didn't need 18 minutes to look up the information that I gave to you because on Saturday I will be practicing law for 23 years. I know the information that I gave you without looking it up. Um a moratorum for this project is not is is is not something that is allowed. It is already approved if you were to adopt a moratorum. Um, it could apply to other parts of the city where you could do studies and you could evaluate all the things that Mr. Ryan enumerated about fire safety and water pressure and all of those things. Um, but it would apply to other projects. It wouldn't apply to this project. Um, and I think Mr. Ryan is is right that the city, if you were [52:52] to adopt a moratorum, um, you would certainly be sued over that. Um, and I cannot give you legal advice uh to to actively do something that will get you sued. Um, especially in a lawsuit that the city would lose. Um, even if it would bring tract back to the table as as some of the the neighbors um have suggested, it doesn't change the fact that they have they would have the upper hand in a lawsuit like that. um because they already have an approval and changing the zoning or wanting to put their pro, you know, adopting a moratorium for the very purpose of stopping their development is is a [53:37] losing lawsuit for the city and I cannot give you legal advice to take to take action to do that because that's harmful to the city. Um so, you know, I mean, I don't know, just looking at my notes quick to make sure that I cover most of the hot spots. Um, you know, I think that's pretty much everything that I needed to respond to. [54:02] Um, and Mr. Shler suggested that the city hasn't even given have hasn't even made the effort to give a fake report to the to the residents um to show that the city council has tried to do something to um satisfy the the requests of the of the neighbors. Um, I I don't know what good it does anybody for the city to do anything to to generate a fake report. Um, even if that's meant to be humorous, I'm not sure. Um, obviously the city would not do that. [54:35] Any reports that or information that the city would gather would be to provide factual information to the to the residents. Um, and you know, the fact that that neighbors come and and speak their peace, um, doesn't change the fact that there is no there's nothing in front of the council right now that the council can take action on to change the approvals that have already been given for this project. Um, and as we've talked about before, we're still waiting for the judge to um, issue a decision um, on the motions that that have been pending since the end of July. Hopefully by the end of next week, which is the the deadline that the judge has, we'll hear something and we can talk about that next time. So if you unless you have questions, that's that's my report [55:21] for tonight. >> Thank you. >> I apologize to interrupt. Can I just please >> after the meeting? After the meeting >> after the meeting, we can >> just She said it's proved but permitted is the is what the statute says. [55:36] Permitted they don't trap doesn't own the land. When when do you give permits to non-handowners? >> After the meeting. We have a discussion. >> Nick, >> uh I think the one comment I did want to make tonight is sort of in line with your last point. There was a comment made that nothing was ever attempted. [55:57] And I just wanted to call out kind of one inaccuracy or as I would see it is when there was action in front of me on the day of the vote. Um that morning I did sit on Mr. shotler's decks and talked to him about things he wanted, things he wanted to negotiate for. Three big ones on that list were the setbacks, the buffers, and the lighting. I called tracked that day, and if you looked at the revised copy of the uh changes that were there that night, you would see a doubling of the buffer from 40 to 80 ft and a added requirement of zero foot candles at the property boundary. So, while I know that to this crowd we didn't do enough or more could be done, the statement of we did nothing is not [56:43] accurate. >> Thank you. >> Okay. >> Um just a reminder, it's no secret there's a levy election coming up in a few weeks. Um just want to encourage residents to be an informed voter. Um, there's plenty of information on the school district website regarding the referendum, on their social media channels, on their YouTube page. Um, and it's important to note regardless of the outcome, we're not, this is not being done to send a message to to St. Paul or to DC. This is all about local control and us locally deciding what we want the future of our district to look like. If if we want to go down the road of of additional budget adjustments or in increased investments, that's up to us to decide. So, I just encourage everyone to educate yourself and get out there [57:29] and vote on or before the 4th. >> Thank you, Steve. >> Thank you for saying that, Jake. I was I've been debating about saying anything for a week or two and um I was kind of motivated by the courage of the two individuals who spoke earlier um with their stories. [57:52] um with the nature of the work I do, it's kind of seasonal to a certain degree. It's extremely busy right now and then other times of the year not so busy. So last year I decided, you know, I want to be a substitute teacher and lo and behold, you know, I had to go get my license and all that kind of stuff and I'm a college graduate. So I became a teacher and quite honestly it brought tears to my eyes because it was kind of one of those vocations I had always wanted but you know, just kind of the way things went during college and maybe having less than superior academics, I chose a different career and it's worked out well. But the reason I bring that up is because I had an opportunity or I've had an have had an opportunity multiple times [58:39] to be in our special ed classrooms at a number of our different elementary schools. And I'll just offer this as an opinion for anyone in particular who is adamantly a no voter on the referendum. [58:56] The one thing I will say and I concur with Jake and and again this is not this is not the the school board meeting but I will say that the health of a community is very much in line with the quality of our schools. It just is. It's been proven over and over and over and over and over. So, we talk about the quality of our community. It's a direct reflection of the quality of our school district. They're hand in hand. And um but the comment I was going to make though and I almost kind of lost my train of thought there is you know I've went into these classrooms and I've seen these teachers these educators who are trying to work with you know students who are have a lot of [59:44] of special needs in a in a as a you know a specialed para teacher. I'm often kind of sitting there and I'll say to the to the lead teacher, well, you know, let me know what you want me to do because it all seems completely overwhelming um to a certain degree until you really get to know the students, you get to know the teachers. And that's what we're funding. You know, when we talk about a levy, we're funding our neighbors, we're funding um our friends, we're funding other people that make our community stronger, make our community better. Um, and I'll tell you, you know, at different times in my life, I've been a very, you know, do I vote yes in a referendum, do I vote no in a referendum, do I not say anything about it? But having been in [1:00:31] the classroom, having seen um the benefit that those students get from from teachers, from educators that are right here in our community, and the benefit they would get from that referendum passing, I think it's a win-win for all of us. [1:00:50] Thank you. >> I have nothing tonight. >> Nothing. >> David, >> this time of year is a busy time of year in HR. Uh we've got uh open enrollment starting next week. We're finalizing personnel budgets for 2026. [1:01:07] Um and we are eyes deep in the BSNA uh software transition which goes live in 42 days. So, it's busy uh in HR right now. >> Thank you, Diana. [1:01:22] >> Thank you, Mayor and Council. Tonight at our EDA meeting, we continued this tradition that we're building where we invite partners in to discuss how we can work together. And tonight's discussion was with the University of Minnesota Extensions to talk about how we can support and grow the entrepreneurial ecosystem that exists within this community. I thought it was a fantastic discussion and I just wanted to thank the EDA for um your active participation in that and I'm excited to see where this will go. So, thank you. [1:01:54] >> Thank you, John. >> Thank you, mayor and council members. Uh you may have noticed last week during MEA, uh there's some activity on Flagstaff Avenue. Uh in addition to hydrant flushing, which we tend to do around the high school when classes are not in session, that was completed. But we also had some manholes protruding from the pavement significantly. Uh we explored many options for adjusting those essentially mechanically, but the the way they were constructed, they left no room for adjustment. We'd have to excavate around the manholes, take a section off, put a shorter section on, and reconstruct them. Uh so we had Northwest Asphalt and we worked with them to mill and overlay around about a dozen manholes on Flagstaff Avenue. [1:02:38] Turned out really well. Uh we smoothed out the bumps and and uh provided a nice clean finished product there. It wasn't a complete mill and overlay, but we did quite a bit of work around the manholes to make it safe for our plow drivers and a smoother drive for the users of the roadway. [1:02:54] >> Thank you, Kelly. Halloween walk is this Friday, uh 5:30 to 7:00 p.m. behind Dodge Milo School outside. We have 26 businesses and organizations participating. So, I want to take the opportunity to thank those that are participating. It doesn't happen without uh them. Uh Halloween Havoc Tour is going on. We have 33 houses on the tour this year. Uh the map is on the city's website and social media. And then tomorrow is open door food popup pantry at the Ramling River Center from 3:00 to 4:30 p.m. [1:03:26] >> Thank you, Kim. >> I just want to notify everyone that Invoice Cloud, the city's online payment system used for utility billing, is currently down for maintenance. It has to do with the certification of the delinquent accounts. We need to bring it down a little bit so that we can cut that off. off was cut off last week on the deadline, October 16th, and it'll be up and running again 8 a.m. on Wednesday. But if anyone has questions, they can reach out to the utility billing team at the city. [1:03:54] >> Thank you, Chief. November 8th is our 74th annual turkey bingo. So, I just want to put that on the calendar. I get one more opportunity on November 3rd at the council meeting to make this announcement. Uh, it's a great event for families, kids, everybody. come down, win a turkey. Um, we do have some cash prizes when we do some bingos. Um, I highly suggest they come down a little bit early. Doors open at 4:30. It gets pretty crowded right away. Uh, if there are no seats available, come back down at 8:00 when some seats come available. Um, it's a great fun family adventure. And like I said, I get one more opportunity to to pitch this. So, November 8th, 4:30, Fire Station 1. [1:04:36] >> Thank you, Chief. Uh November 1st is the kickoff for Toys for Town 2025. So um anyone that is interested in uh applying to be in the program, I ask you to look to our website uh for guidance on how to do that. And also if you are a site to receive gifts for donations, I expect those bags coming in the week before likely the uh Thursday the 30th. I believe we'll be delivering those. [1:05:05] >> That's so crazy to think that Toys for Town is already around the corner. Turkey bingo. I think where where did the year go? >> I don't have anything else to add. So I'd seek a motion to adjurnn. >> Motion to adjurnn at 804. >> Second. >> Motion by Jake. Second by Steve. All in favor say I. >> I. [1:05:20] >> I. We're adjourned at 804. [Music] [Music] [1:05:57] [Music]