This transcript features the Farmington City Council meeting from August 5, 2024. While the context provided notes Nick Lien as Mayor in 2026, the 2024 transcript identifies **Joshua Hoy** as the Mayor and **Nick Lien** as a Councilmember. **Amy Burum** is noted as filling in for Councilmember Leah Lohstuen. [0:03] [Music] [0:37] [Music] [0:44] **Mayor Joshua Hoy:** [Music] we'll call the city council regular meeting to order for Monday August 5th 2024 would everyone please stand for the Pledge of Allegiance [1:01] **All:** I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all. [1:19] **Mayor Joshua Hoy:** Call the roll please. [1:21] **City Clerk Shirley Buecksler:** Mayor Hoy? **Mayor Joshua Hoy:** Here. **City Clerk Shirley Buecksler:** Councilmember Burum? **Amy Burum:** Here. **City Clerk Shirley Buecksler:** Councilmember Bernatz? **Holly Bernatz:** Here. **City Clerk Shirley Buecksler:** Councilmember Lien? **Nick Lien:** Here. **City Clerk Shirley Buecksler:** Councilmember Wilson? **Steve Wilson:** Here. [1:33] **Mayor Joshua Hoy:** All right, any changes to the agenda? None? Amy, Nick, Holly? [1:38] **Amy Burum / Nick Lien / Holly Bernatz:** None. [1:40] **Mayor Joshua Hoy:** All right, seeing no changes I would seek a motion to approve the agenda. [1:43] **Holly Bernatz:** Motion to approve. [1:44] **Nick Lien:** Second. [1:45] **Mayor Joshua Hoy:** Motion by Holly, second by Nick. All in favor say aye. **Council:** Aye. [1:47] **Mayor Joshua Hoy:** Moving on, our next item is item six which is our citizen comments. This is a time reserved for citizen comments regarding non-agenda items. And I know we ran into this in the past so I just want to make sure that we have this very clear: we do have a public hearing on the agenda which is item 8.1. If you're here to comment on the vacation of the drainage and utilities easement on 8.1, I would ask that you reserve your comment for that time because for those that look at the data once it shows up on the website, they're recorded in segments by agenda item. So if it's in relation to that public hearing, it'll be opened up at a later time. This would be for comments not for agenda items, if that makes sense. So if there's anyone wanting to speak about a non-agenda item, feel free to come on up and please state your name and address. [2:34] **Kathy Johnson:** Kathy Johnson, I live at 22280 Bearing Avenue in Farmington. And I’m not sure where this fits, but I did write a letter on July 10th to the Mayor and the City Council asking for representation for Countryside Estates and Executive Estates for the AUAR process, and I don't see it on the agenda, so I'd like that to be addressed in new business. I did get a response from Lynn Gorski acknowledging the letter but there wasn't a plan or that wasn't addressed. Also, it came to my attention today a letter was received, written to Tony Wippler from Melissa Collins of the DNR on 7/16, and the letter states that the water supply will not suffice for the high water demands of a data center at this location, referring to the one by the golf course. Please address this in new business. On page 30—oh, this is the AUAR—an engineer member of the citizens concern group has been going over the AUAR in a lot of detail and he found that on page 31, first bullet, only domestic wastewater should be considered in the AUAR, and what about evaporative and cooling system water? And who will regulate that discharge? Please address that. Who is running the AUAR? I'd like to know what firm or who is in charge of the AUAR and who selected that? Was that selected by Track Land Development or by the city? Who selected the firm that's running the AUAR and who is it? And again, going back to my engineer member of the citizens group, there were several discrepancies that he's found in the AUAR prefix, which Tony wrote, and the actual map in the AUAR document. On pages two and four of the intro, it shows no wetlands at all, and yet when you go into the actual maps from the state and within the AUAR document itself, there are wetlands on the north side of the golf course. And then on page five of the AUAR Table 1, there's 17 acres of Parkland showing, but the map on page six, all the Parkland's been deleted or not shown. I would hope that the city ensures that the maps of the AUAR are congruent with the mapping which the state has done of wetlands, Parklands, rivers, whatever. And so please address them. Thank you. [5:15] **Mayor Joshua Hoy:** Thank you. If there's anyone else wishing to speak? All right, seeing none we will move on to item seven which is our consent agenda. I’d see a motion to approve the consent agenda. [5:21] **Steve Wilson:** Motion to approve. [5:22] **Holly Bernatz:** Second. [5:24] **Mayor Joshua Hoy:** Motion by Steve, second by Holly. All in favor say aye. **Council:** Aye. [5:39] **Mayor Joshua Hoy:** All right. The next item on our agenda is a public hearing. This is item 8.1: the vacation of drainage and utility easement within the Vermillion River Crossings plat. I'd like to go and open the public hearing at this time. Tony? [5:57] **Tony Wippler:** Thank you, Mayor, council members. Before you this evening is a request to vacate certain drainage and utility easements that are located in the Vermillion River Crossings development, specifically on the property that's located at the Northwest intersection of Duchene Parkway and Spruce Street. As council is aware, Yellow Tree development is proposing an apartment complex on a portion of what is Outlot C of Vermillion River Crossings—a 168-unit apartment building. As part of that development, they are replatting a portion of that Outlot C into what is called Vermillion River Crossing's Third Edition. That Third Edition is basically a replat of a portion of the right of way of Duchene Parkway along with that Outlot C. Due to this replat, we do need to vacate certain drainage utility easements before filing the Vermillion River Crossing's Third Edition plan. Per state statute, the council must conduct a public hearing regarding the proposed vacation after public and posted notice of said vacation has been completed. So on this map here, the area in red are the drainage and utility easements that are being requested to be vacated this evening. So action as requested this evening: after any public comment is taken, close the public hearing regarding the vacation of the drainage utility easement and adopt resolution number 2024-70 vacating existing drainage and utility easement Vermillion River Crossings. Thank you. [7:26] **Mayor Joshua Hoy:** Thank you sir. Any questions for Tony? Steve? **Steve Wilson:** None. **Mayor Joshua Hoy:** Amy? **Amy Burum:** None. **Mayor Joshua Hoy:** Holly? **Holly Bernatz:** No. **Mayor Joshua Hoy:** Nick? **Nick Lien:** Nothing for me. [7:34] **Mayor Joshua Hoy:** All right. And the applicant is here? Not here. Okay. If the public has any questions regarding the vacation of the drainage and utility easement, this is a public hearing, so feel free to come up and ask questions or express opinions. All right, seeing none, then at this time I'd go ahead and close the public hearing. Any additional deliberation or comment? Steve? **Steve Wilson:** None. **Mayor Joshua Hoy:** Amy? **Amy Burum:** No. **Mayor Joshua Hoy:** Holly or Nick? **Holly Bernatz / Nick Lien:** No. [8:05] **Mayor Joshua Hoy:** All right, then I would seek a motion to adopt resolution number 2024-70 vacating existing drainage and utility easement Vermillion River Crossings. [8:19] **Steve Wilson:** Motion to approve. [8:21] **Nick Lien:** Second. [8:23] **Mayor Joshua Hoy:** Motion by Steve, second by Nick. Call the roll please. [8:25] **City Clerk Shirley Buecksler:** Councilmember Burum? **Amy Burum:** Yes. **City Clerk Shirley Buecksler:** Councilmember Bernatz? **Holly Bernatz:** Yes. **City Clerk Shirley Buecksler:** Councilmember Lien? **Nick Lien:** Yes. **City Clerk Shirley Buecksler:** Councilmember Wilson? **Steve Wilson:** Yes. **City Clerk Shirley Buecksler:** Mayor Hoy? **Mayor Joshua Hoy:** Yes. [8:44] **Mayor Joshua Hoy:** All right. Moving on to new business which is 12.1: Resolution 2024-71 adopting a final order and record of decision for an Alternative Urban Areawide Review (AUAR) for the Farmington Technology Park project. Deanna. [8:55] **Deanna Kuennen:** Thank you, Mayor and Council. Yes, tonight we are here to talk about ordering the AUAR for the Farmington Technology Park. Back in June, on June 3rd actually, Allison Harwood, who is the Director of Natural Resources for WSB, came and presented at a work session to the city council what is an AUAR. She talked about the various things that an AUAR is and she talked about what an AUAR isn't. But I think it's most important to point out that the Minnesota rules authorize the responsible units of government, which is the Council, to use the AUAR process to look at potential environmental impacts of anticipated development in a geographically defined area. So that's what an AUAR does. It is regulated by the state; it's regulated by Minnesota rules. It's a hybrid of an EAW, which is an Environmental Assessment Worksheet, and an EIS, which is an Environmental Impact Statement. Those are done when you have a specific, singular project; it's not associated with an area. This allows you to look at the cumulative impacts and it also identifies future studies that will need to be done prior to development happening. The purpose is to use it as a planning tool. It does not approve or deny projects; it tells you what the impacts are and it tells you how to mitigate those impacts. These are the topics that are covered in the AUARs, and again this was all presented by Allison on June 3rd and we've talked about this since then as well. So tonight we're here to talk about ordering the AUAR for the Farmington Technology Park project area. We are at the very top, step one, which is the Responsible Unit of Government (RUG) adopts the order to prepare the AUAR. Again, this is all regulated by Minnesota rules, and then those on the screen list the additional steps that follow after tonight if the Council orders this. We are talking about the Farmington Technology Park. The study area encompasses about 347 acres on the north and south sides of 255th Street West. It will analyze those potential impacts and identify the mitigation measures associated with a potential Technology Park, and it will also look at a scenario that is residential—a mix of residential and commercial uses. Previously, a scoping document was prepared and distributed per rules. That had a comment period, and that comment period ended on July 11th. Those comments were received and incorporated into the final order. So the document that was distributed to you includes the comments that were received in the back; you can see all of them. It was received from three governmental agencies and one member of the public. Tonight, the RGU is asked to make a finding that that scoping document that you have is adequate and adopt the final order, which would be through Resolution 2024-71. Again, this will order the preparation of the AUAR. All you have in front of you is the scoping document; the AUAR itself has not been prepared. When that is done, a draft will be distributed of that AUAR to all of the agencies that's required by the state. It will also be posted so that the public can comment on it. So again, what you have is the scoping document, and we're asking the Council to authorize that scoping document to be issued so that the AUAR can be prepared. If there's any questions about that, I'm happy to answer them. It's the first step in a multi-step process, and once that AUAR is developed, it will go through the required public comment period and then all the other steps that are identified through the EQB. Again, this action will authorize that. So I'm happy to answer any questions. We do have representatives from Kimley-Horn here tonight; Kimley-Horn is the consulting company that has prepared the AUAR draft scope that you have in front of you. We also have a representative from Hoffman Law, who is representing Track. With that, I'm happy to answer any questions. [13:50] **Mayor Joshua Hoy:** Thank you, ma'am. Steve? [13:51] **Steve Wilson:** So Deanna, given the large acreage of this study area, what is going to be the mechanism for the public to comment or provide feedback based on after the draft comes out? So for example, would there be what we might see with like a park proposal where you'd have boards here and public comment can be provided, or is it going to be done at a council meeting type of scenario? [14:26] **Deanna Kuennen:** So once the scoping document—basically looks like what an AUAR will look like—it identifies all of the chapters and it identifies all of the components that must be analyzed. What happens in the AUAR is the details get filled in. You'll get a draft document that gets posted on our website, it gets distributed to all of the required state agencies, and a 30-day window starts at that point where people can review that document and comment. Those comments come to us and they get distributed back to the consultants who have to address them. They address the comments in the document, that gets reviewed by our consultants, which is WSB, and then it gets redistributed to the required agencies. After all of that is done, a final AUAR comes before the Council to approve. With that is a mitigation plan. So the document identifies at Maximum Impact what the effects of those development proposal scenarios would be on the environment, and then the mitigation plan identifies what must be done if those developments are to move forward. [15:39] **Steve Wilson:** Correct. And I'm familiar with this from way back when when the High School site got developed; there was an environmental assessment done. So given that we do have a fair number of individuals from the public here tonight, how will they learn about the draft that has come out for their review if they wish to make comment? [16:03] **Deanna Kuennen:** So we post it on our website, so they'll be able to find those public notices posted on the City's website. And it'll have a link to the document, and they can follow that link to the document and comment. [16:21] **Steve Wilson:** Okay, perfect. [16:22] **Mayor Joshua Hoy:** Any other questions or comments? Amy? **Amy Burum:** I don't have any. **Mayor Joshua Hoy:** Holly? **Holly Bernatz:** No, I have none. **Mayor Joshua Hoy:** Nick? [16:29] **Nick Lien:** You know, I had comments on here and I think what I want to say is I don't want to let myself fall into the trap that I think we're all in danger of doing—looking at the notes that are in here and reading too much into them and assuming it's a final answer or a final statement out of somebody. So I have to remind myself, and I think everyone else should keep it clear too, that this is just "we're going to go get the answers." We don't have the answers today. So I wouldn't ask you too many questions or put you on the spot for points that are in here now, knowing that this is likely going to change and you're going to get more and more clear information later down the road. So I don't have any questions or comments; that's the way I'm saying that. Thank you. [17:12] **Mayor Joshua Hoy:** I want to, because it's part of the agenda item, I want to the best of my ability address the questions or concerns that were brought up. And Deanna, feel free to correct me if I'm wrong here: the difference in the wetland area being depicted on one page and not on the other page is, in defining the study area, they're using the parcel outline not showing anything within it; they're just saying "this is the area." Then under the development scenario, they're showing impact areas, so they're showing the wetlands. When it came to the two proposed uses, there's one that is in the current 2040 Comp Plan and then one on the proposed usage. Whenever an AUAR is submitted, it has to be submitted with two intended uses and we're doing those two: the one that was currently laying in the Comp Plan and then the one that we have that's been talked about with Track. I do want to provide a little bit—I guess I want to do this in the cliffnotes version way, right? For someone who doesn't spend a lot of time in planning and zoning, who like myself does not have an engineering degree or an urban planning degree: a scoping document is just that. It's setting the guardrails. It's saying the state requires eight to 10 different entities—the MPCA, the City of Farmington, Dakota County, the Army Corps of Engineers—there's a whole list of people that they say in the initial scoping document, "Consider this stuff that we already are aware of." When it goes out and the actual environmental review is done and the study is completed, it comes back and there are things that they're going to find. Some might be very small in impact, some might be significant. To Nick's point, it's information that we're going to learn that then in turn develops the mitigation strategy as needed. In no way, shape, or form can anybody circumvent an AUAR and not do what is listed. If the MPCA says this is an issue, you have to address this in order for the development to move forward. The City, the developer, the end-user can't just say "forget about that, we're just going to do it anyway." You have to follow that there, correct? [19:33] **Deanna Kuennen:** Correct. There's no going around it. And again, these are for scenarios. This is a planning tool, a planning document; it does not approve or deny projects. We're looking to understand what the impacts would be for potential development scenarios. It's fully identified by the state. This AUAR is no different than any of the other AUARs that get processed by the state. The required agencies need to weigh in on it, and the scoping document is just that—it identifies the scope of the project, really focusing on what the scenarios will be that get looked at as part of it, and then all the chapters identifying all of the required elements that must be addressed in the actual document. [20:25] **Mayor Joshua Hoy:** Okay. Can I ask for one clarification? Am I allowed to do that? [20:28] **Deanna Kuennen:** Technically not. However, what we typically do with public comments is we will—any questions or concerns that are raised, we always respond in writing before the next scheduled meeting. However, there are representatives from Kimley-Horn here and we have our team here, so at the conclusion of the meeting any one of us would be willing to help answer some of the other questions that you had or provide clarity. [21:05] **Mayor Joshua Hoy:** Okay, all right. Make sure they're addressed. If there's no other questions or concerns from my peers, then I get the technical verbiage here... then we would seek a motion to approve resolution 2024-71 adopting a final order and record of decision for an Alternative Urban Areawide Review (AUAR) for the Farmington Technology Park project. [21:23] **Nick Lien:** Motion. [21:24] **Holly Bernatz:** Second. [21:25] **Mayor Joshua Hoy:** Motion by Nick, second by Holly. Call the roll please. [21:28] **City Clerk Shirley Buecksler:** Councilmember Bernatz? **Holly Bernatz:** Yes. **City Clerk Shirley Buecksler:** Councilmember Lien? **Nick Lien:** Yes. **City Clerk Shirley Buecksler:** Councilmember Wilson? **Steve Wilson:** Yes. **City Clerk Shirley Buecksler:** Mayor Hoy? **Mayor Joshua Hoy:** Yes. **City Clerk Shirley Buecksler:** Councilmember Burum? **Amy Burum:** Yes. [21:47] **Mayor Joshua Hoy:** Right, thank you Deanna. City Council Round Table. Amy, you get to start. [21:52] **Amy Burum:** I understand there's a lot of pressure from this chair to you know, really come up with something clever, and I will fail miserably and just to say I'm glad to be here. I'll fill in for Leah this week and yeah, I'll be back to normal in a couple weeks with her here. Thank you for having me. [22:05] **Mayor Joshua Hoy:** Thanks. Nick? [22:06] **Nick Lien:** Everybody get out and enjoy the fair. Be safe again. That's all. [22:14] **Mayor Joshua Hoy:** Holly? [22:15] **Holly Bernatz:** That and um... this one actually comes from a personal note that I've shared the story a couple times. It is still severe weather season; I know it doesn't always seem that way especially when it's been a relatively mild summer thus far. But my family and I were up in the Melrose area on Saturday when the tornado hit. If you hear sirens, take cover. Nine times out of ten it's not near your house, it's not near your space, and I think sometimes we just forget that things can happen. But we were very, very near a tornado on Saturday. So if you find yourself in a space where there is severe weather coming in and the sirens go off, that is not the time to run out to your porch and see what's going on; it is the time to go and take cover because we were very lucky and here to fight another day. Not that that wouldn't have happened otherwise, but it becomes much more real when it becomes much more real. So just a reminder. [23:20] **Nick Lien:** Can I take one credit back? Sorry, going out of order. I did want to say thank you; there was a small group of people—they normally do Christmas stuff, they call them "Elves to the Rescue"—but they were actually in Rambling River Park last week handing out school supplies to anyone that walked up and wanted pencils, notebooks, whatever. I just thought that was really nice and I just wanted to say thank you on a wider platform for kind of being that part of the community that we like around here. So thanks. [23:51] **Mayor Joshua Hoy:** Amy? [23:52] **Amy Burum:** Tomorrow is National Night Out, so I hope everybody gets an opportunity to get outside, talk to your neighbors, say hi to folks on your street and enjoy the evening. Hopefully we have some nice weather. [24:00] **Mayor Joshua Hoy:** I have no comments. Shirley? [24:04] **City Clerk Shirley Buecksler:** Election Day is next Tuesday, August 13th. Polls will be open from 7:00 a.m. to 8:00 p.m. If voters cannot get to the polling site on Election Day, we are open Monday through Friday 8:00 to 4:30, this Saturday also from 9:00 to 3:00, and Monday until 5:00. Thank you. [24:33] **Mayor Joshua Hoy:** Deanna? [24:34] **Deanna Kuennen:** I have two things—two reminders. Tonight, there are a lot of great things happening in this community and sometimes we have an opportunity to celebrate those. And so this week we actually have two groundbreakings for some projects that will be great additions to this community. The Denmark Trail townhome groundbreaking is tomorrow at 1:00. This project is a 40-unit workforce townhome project providing one, two, three, and four-bedroom units, and it's the second CDA community here in Farmington. So that will be tomorrow—again, a great addition to this community. And then on Thursday, the Farmington Health Services Trinity campus will be doing a groundbreaking celebrating their expansion. This expansion project will provide both new rooms and a new nursing station as well as other upgrades. And so again, we're always grateful for people to invest in our community, and it's wonderful to see our existing businesses like Trinity making expansions, and we get the opportunity to celebrate that with them. So those groundbreakings will be this week. That's all I have. [25:32] **Mayor Joshua Hoy:** Thank you, ma'am. John? [25:34] **John Powell:** Thank you, Mayor. I also have two items. With your action this evening regarding the Yellow Tree project, that construction activity—footing, foundation type work—will start almost immediately. So we will be installing traffic control at the Duchene/Spruce intersection to shift both lanes of traffic to the east side of the squarebout to clear the west side for their construction activity. That will likely be installed on Wednesday. We'll also get something up on the website. The 2025 Street Improvement project has already kicked off. We've sent a letter out to the residents generally in the Sunnyside neighborhood and included a survey of what issues they've been dealing with, if they had any utility service issues. And we will probably have our initial neighborhood meeting within the next two to four weeks. Thank you, sir. [26:24] **Kelly Armbrust:** On tonight's consent agenda, you approved a donation resolution for movies and music in the park. So I want to give a thank you to all of our sponsors—we couldn't do those programs without their contribution: Castle Rock Bank, ChemQuest, Farmington Youth Hockey Association, Premier Banks, the Legacy, VFW Post 7662, and Marshall Line. Thank you for your contributions to music and movies in the park. And then to celebrate the newest park to Farmington, Flagstaff Meadows, we'll be doing a ribbon-cutting next Wednesday, August 14th at 6:00 p.m. It's the new park just south of Farmington High School, so we hope you can join us for the celebration. Thank you, ma'am. [27:04] **Kim Sommerland:** I have nothing to add tonight. Thank you. [27:06] **Mayor Joshua Hoy:** Chief? [27:07] **Fire Chief Matthew Price:** Saturday from 11:00 to 3:30 is Public Safety Day at the fair. So we encourage everybody to come out, meet all the firefighters from Dakota County—not just your Farmington firefighters. Thanks. [27:14] **Police Chief Nate Siem:** All the good stuff's always taken when you get to me! I'm just going to rehash a couple of items. It is fair week, Dakota County Fair week. So much like during Dew Days, there's going to be a ton of extra traffic, a lot of pedestrians, particularly crossing Ash Street. So please be careful with that. And tomorrow is National Night Out, so we will see a whole bunch of you tomorrow evening. [27:44] **Mayor Joshua Hoy:** See, Fish took everything! No, you're right. Fair time, right? So it's a busy week anyway. For those that live in, I would say, a mile's distance: there's Derbies Friday and Saturday night; it's loud. It's normal, it's part of the process. If you can avoid Ash this week, by all means please do so; work your way towards Elm and if you have to go around, because Ash is tough. We're going to blink and it's going to be Labor Day. Summer flew by. You know, we've been avoiding the stuff that we're hearing on the roof right now as much as we can, but get out and enjoy as much of August as you can before the kids get back into school because we're going to blink and it's going to be here. More great signs of a growing community, right? We continue to have more ribbon cuttings and groundbreakings and investments in the community and you know, sometimes it's despite the narrative, but Farmington is a great city to live in and there's a lot of great things that happen and it's fun to continue to see that come up. No, just get out, enjoy the fair, have fun, and with that look for motion to adjourn. [28:50] **Holly Bernatz:** Motion to adjourn. [28:51] **Steve Wilson:** Second. [28:53] **Mayor Joshua Hoy:** All in favor say aye. **Council:** Aye. [28:56] **Mayor Joshua Hoy:** We're adjourned at 7:28. [29:09] [Music] [30:11] [Music]