Here is the transcribed townhall meeting with speaker identifications based on the provided context and the dialogue within the recording. **Note on Officials:** While your provided list mentions Nick Lien as Mayor and a 2026 vacancy, the transcript explicitly identifies the presiding officer as **Mayor Josh Hoyt** and includes **Councilmember Katie Bernhjelm** (referred to as "Bernam" and "Katie"). I have used the names and roles as they appear in this specific session's record. *** [0:00] [Music] [0:47] **Mayor Josh Hoyt:** Oh, we'll call the city council regular meeting to order for Monday, November 18th, 2024. Would everyone please stand for the Pledge of Allegiance? 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. Call the roll, please. [1:27] **City Clerk Shirley Buecksler:** Councilmember Bernhjelm? **Councilmember Katie Bernhjelm:** Here. **City Clerk Shirley Buecksler:** Councilmember Bernatz? **Councilmember Holly Bernatz:** Here. **City Clerk Shirley Buecksler:** Councilmember Lien? **Councilmember Nick Lien:** Here. **City Clerk Shirley Buecksler:** Councilmember Wilson? **Councilmember Steve Wilson:** Here. **City Clerk Shirley Buecksler:** Mayor Hoyt? **Mayor Josh Hoyt:** Here. All right. Any changes to the agenda? [1:33] **Councilmember Nick Lien:** Nick... Steve... Mayor, the only question I have is would it make sense to move Kelly's item under new business ahead of 10 or do we want to keep it in order? So in other words, yeah, move that before 10. [2:00] **City Attorney Leah Koch:** Leah, but if we can't do the type of... okay. [2:05] **Mayor Josh Hoyt:** Is there any rebuttals or any objections to moving? Okay. Any other changes to the agenda then? All right, seeing none I would seek a motion to approve the agenda moving item number 12 in new business to precede item number 10. [2:19] **Councilmember Holly Bernatz:** Motion to approve amended. **Councilmember Steve Wilson:** Second. **Mayor Josh Hoyt:** Motion by Holly, second by Steve. All in favor say aye. (Council: Aye). All right, we'll move on then to—nothing under five. Item six is our citizen comments. If there's anyone in attendance wishing to speak, feel free to come up here at this time. And then just to mention that there is a public hearing which we have now moved, but if there's any comments as it pertains to that public hearing, I would ask that they happen during that public hearing just for those watching at home if they ever want to look at them at a later time. This would be for items not on the agenda. [3:04] **Dave (Resident/Former Councilmember):** All right, so just to clarify, the public hearing is on the data center? [3:10] **Mayor Josh Hoyt:** No, the public hearing is on the vacation of a utility easement. [3:14] **Dave:** Okay, so if there's any comments to be made on that item specific, I would ask that they're held until that public hearing? Yeah, it's just for a matter of recordkeeping more than anything. Okay, well I have one thing. Well, I have a couple things. But after a year and a half, the Aiken Road Project looks to be done. Last week, M-Mana was out to remove the rest of the silt fence. They dumped more dirt down the drop off on the walking path across from me, placed straw down expecting grass to grow next year. Good luck with that. It's just thrown down there. And another roll of the plastic mesh stuff is just rolled out. You're not going to get grass to grow there. Also, the sale that they made for the water runoff still has trees laying in it that they knocked over to make it. What a half-assed job you let go by. Now, new issue. Can anyone on the council tell me how many public hearings you have had—and I'm talking public hearings that you took public comment on—for the data center, the data building? How many public hearings, which means public hearings means you've taken public comment? Anyone? Number? How many public hearings have you had? Steve, recall any public hearings that you had? [4:55] **Councilmember Steve Wilson:** I believe on that topic we've had zero, but the Planning Commission has had a few. [5:02] **Dave:** Watching the last city council meeting, people were up here afraid of talking about something that's on the agenda because it—as you just stated, Mr. Mayor—that anything that's not on the agenda, that's what citizen comment is for. People stand up here thinking, "Okay, it's on the agenda, I'll have a chance to speak." Apparently nobody's had a chance to speak on any of this at any given time. So my next question is, will you take public comment tonight before voting on the final plat of the data center? [5:45] **Mayor Josh Hoyt:** It's standard practice that the city council does not engage with residents—citizen comment—on a final plat. [5:54] **Dave:** From the taxpayers of this city? You've already changed the comp plan, which probably should have had a public hearing on that. All three of the things that you did at the last meeting should have had a public hearing. You might want to check with the operation of how you guys are running this, because I think the League of Cities would find that, just as you did the road project, that you're doing things out of order. You're putting the city in jeopardy of litigation in many different ways. Not having public comment, not having the taxpayers be able to have their say in something that we're potentially paying for or is going to impact the city. So again, will you take public comment on this agenda item? Because it's on the agenda. Will you take public comment on it? [6:45] **Mayor Josh Hoyt:** The city council takes public comment for items not on the agenda. [6:48] **Dave:** Are you going to take comment on it then? Because it's on the agenda. [6:51] **Mayor Josh Hoyt:** You have five minutes for your citizens comment. [6:58] **Dave:** Mr. Wilson, will you make a motion to the council to take public comment on this agenda item of the data center? We've got to be able to have our say. This has gone ram-roaded right down. The last time I was here you're talking about AI, and that was in May. Tonight you're approving the final plat. I have a document here from when I was on the City Council when we did this orderly annexation agreement between Castle Rock. We worked our butts off back in my four years to make good collaborate with the townships, Empire and Castle Rock, to have these orderly annexations. And in this orderly annexation, it says that you cannot have that kind of use on that land. And I've talked with people in Castle Rock and they're getting lawyers together. So you're going to put the city in litigation over this. A contract is a contract. The other thing is you're willing to throw the heritage of Farmington away. The way they're going to suck water out of the aquifers... you're throwing the city down the damn drain. [9:18] **Dave:** Are you going to take public comment on this thing? It's on the agenda. It's plain and simple. Will you take public comment? It's a yes or no answer. [9:55] **Mayor Josh Hoyt:** Public comment is for non-agenda items. [9:58] **Dave:** No, public comment is for agenda items. This is citizen comments for stuff that's not on the agenda. But because it hasn't been taken for the last four, five, six months on this data center, I'm asking for it to be taken tonight. [11:20] **Mayor Josh Hoyt:** Comments are also reserved to five minutes. I've extended you a little bit of a courtesy. If our City Attorney would like to provide clarity as to why certain agenda items by statute require a public hearing—and that public hearing is held in the Planning Commission during the normal process—then she can weigh in at this time. [11:42] **City Attorney Leah Koch:** Yeah, we can have that discussion when we have the agenda item come up, but there were multiple public hearings at the Planning Commission which satisfy those legal obligations. Thank you. [11:53] **Dave:** Okay, that was at the Planning Commission. But when I was on the council, we had several public hearings. Mr. Wilson, will you make a motion to table this issue until we find out whether those should have been public comments or not? I'll give you my five minutes. [12:35] **Mayor Josh Hoyt:** Dave, as someone who has served previously, you understand the rules of decorum. [12:41] **Dave:** You have the right to do whatever you want! You have the expression to say "Yes, we will take public comment." I know exactly how it works. But I also feel that when I was up on the council, the taxpayer had some goddamn say. You're willing to throw 80-foot buildings in the city and make the thing look like crap. Either table it or say yes to public comment tonight. [14:02] **Mayor Josh Hoyt:** Dave, your time has expired. [14:07] **Dave:** Don't make me get back up here when that item comes up on the agenda. [14:14] **Mayor Josh Hoyt:** Is there anyone else wishing to speak on non-agenda items? [14:38] **Jeff Schlauer (Resident):** I'm Jeff Schlauer, I live at 22420 Calico Court. Thanks for letting me speak tonight. Holly, Nick, Katie, Steve, thank you for coming over and taking a look at my house and seeing things from my perspective. Track called me tonight after I met with everybody. She offered 100-foot buffers for my house and two others. But it ain't just about me; this is two communities. Track also said that 250-foot setbacks are non-negotiable. Why is Track deciding what's negotiable in our town? You guys get to set the bar, not some developer. If you vote tonight, vote with a clear conscience with each and every resident in mind. Thank you. [20:10] **Nate Ryan (Resident):** Mayor and Council, Nate Ryan, live here in Farmington. What I'd like to talk about tonight is the wrong process this is going. Policy is not law, Mr. Mayor. There is no law that says we can't have a back-and-forth with you. You're doing things the wrong way and you're going to get litigated against. You're listening to someone who doesn't even own land—Track—over the citizens. I'm speaking directly to you, Mr. Mayor, because you understand what the word honor means and you are not serving with honor. One of the worst things that could ever happen on a DD214 is a dishonorable discharge. How much tax revenue is enough? You're already getting the Bango project. Track is a billion-dollar company; you're hoping to make a few million off the backs of people who make a few thousand. I'll leave you with that last question: why do you think this is not spot zoning? Tell us all. Don't let her [the attorney] not let you answer. [29:46] **Kathy Johnson (Resident):** I'm Kathy Johnson and I live at 22280 Bearing Avenue. Thanks for those of you who went to Schlauer's today to look at just how close 250 feet is. It's preposterous. Data centers are not the same animal they were 10 years ago. This project doesn't belong in MUC [Mixed Use Commercial] by any stretch. It is the seventh largest DC campus in the world, going in the middle of residential. 80 feet tall! It needs to be at least 500 feet back. We're not sacrificial lambs. [34:30] **Steve (Resident/Structural Engineer):** My name is Steve, I live in Excel Court. I'm a licensed structural engineer in 10 states. I'm personally working on a data center right this second in a different state. I would never want this abomination in my town. It is a machine that never stops. It's never quiet. It is equivalent to a massive power plant except it draws power rather than providing it. [35:45] **Terry Pearson (Resident):** My name is Terry Pearson. What I want to try and impress upon you is you have wasted money. You did the survey to find out what people appreciated. We have found our community between these two residential areas. We trust each other. [37:02] **Gary Johnson (Resident):** My name is Gary Johnson. I wrote a letter to all of you on November 3rd. 760 megawatts of power is more than the Monticello nuclear power reactor generates. This is a monster. When the Planning Commission had their meeting, not one person raised a positive comment. Why are you moving so fast? The City of Farmington does not have the knowledge to deal with a structure like this. Please, stop this vote and join our citizens group to ask the state for a moratorium. [43:08] **Mish (Resident):** My name is Mish, I live on 220th Street. What is being proposed is not mixed-use; it is heavy industrial. You're unfortunately faced with making decisions where you don't have the same resources as the state. If I could suggest: 100-foot setbacks, higher berms, and limiting building heights. On page four, item six, it says the city is responsible for municipal sewer and water. Does that mean for the entire facility? [49:15] **Mayor Josh Hoyt:** Because that item is on the agenda, I will talk to Tony about those items. [50:18] **Mish:** Thank you. [51:00] **Nancy Arndt (Resident):** I'm Nancy Arndt. I am here for this microphone and that camera to speak to Farmington residents since these city officials will not. Do you know that the new comp plan shows they plan to change the south end of Farmington into industrial? They are not going to tell you until it's too late. The city was required to get citizen input. We stood for two hours in the hallway and begged Holly Bernatz to vote for us. A few nights later, she voted against us along with Josh Hoyt, Katie, and Nick. They think you are stupid. I requested records from the city. I got a quote of $7,000 to $8,000 for emails. This is how they treat you. Stay tuned. They are in bed with Track. [59:42] **Randy LaRoche (Resident):** My name is Randy LaRoche. I just wanted to let everybody know that this does not just affect those two neighborhoods. I spent 3 hours Sunday going door to door. Over half had no idea what was going on. We feel completely blindsided by our city. [1:01:18] **Dave:** One important thing is communication. Why didn't the city send out a letter? I urge the taxpayers to step up. Table this. Clearly you don't know the processes. I could only water on odd days between noon and 6 o'clock. What restrictions will these people have? Can they not pump water out of the aquifers from 12 to 6? Probably not. You're willing to throw the trout stream down the freaking tubes. [1:09:59] **Nate Ryan:** One thing I'd like to mention—"Technology Park." It's not in city code. Tony says we're just going to call it that. It's a data center. Light industrial is also not a data center. You decided to make it mixed-use. This is heavy industrial. There's a gentleman sitting over there from Dakota Electric—have that guy come up here and tell you how many users use 700 megawatts. [1:13:30] **Mayor Josh Hoyt:** All right, we move on to item seven, which is the consent agenda. [1:13:35] **City Attorney Leah Koch:** Yeah, briefly, the ALF Ambulance has a staffing amendment. [1:14:10] **Councilmember Katie Bernhjelm:** Motion to approve the consent agenda. **Councilmember Steve Wilson:** Second. **Mayor Josh Hoyt:** Motion by Katie, second by Steve. All in favor? (Council: Aye). All right, we'll move next to item 8, a public hearing for the petition to vacate a drainage and utility easement. [1:15:15] **Tony Wippler (City Planner/Staff):** Thank you Mayor, council members. At this time we're asking that that item be continued to the December 16th meeting. It doesn't make sense to hold the public hearing until we have the plat approved as well. [1:16:10] **Councilmember Steve Wilson:** Motion to continue the public hearing. **Councilmember Katie Bernhjelm:** Second. **Mayor Josh Hoyt:** Motion by Steve, second by Katie. All in favor? (Council: Aye). [1:16:41] **Kelly Hilsen (Parks & Recreation Director):** Good evening Mayor and Council. We are excited to be here for the Rambling River Center renovation project. [Detailed presentation on bids and CM Construction]. Eight bids were received. CM Construction Inc. of Burnsville is the low bidder. The project will be funded by a $750,000 grant, a donation from Minnwest Bank, and tax abatement bonds. [1:24:00] **Councilmember Katie Bernhjelm:** It's exciting to see this project come to fruition. **Councilmember Steve Wilson:** I appreciate your work on this, Kelly. **Councilmember Nick Lien:** I'm excited to see this one to the finish line. **Councilmember Holly Bernatz:** No questions, let's go. **Mayor Josh Hoyt:** I seek a motion to approve. [1:25:20] **Councilmember Katie Bernhjelm:** Motion to approve. **Councilmember Holly Bernatz:** Second. **City Clerk Shirley Buecksler:** (Calls roll, all vote yes). [1:25:55] **Mayor Josh Hoyt:** Next is item 10, the final plat and final planned unit development for the Farmington Technology Park. [1:26:12] **Tony Wippler:** All right, good evening. Before you is the final plat and final PUD. The property consists of 338 acres. The plat is consistent with the preliminary plat approved on November 4th. Tract is proposing up to 12 Data Center buildings. Site plans will be required for each building. Regarding the PUD, we are looking to do this as an ordinance rather than an agreement to put it into code. Since the Planning Commission, the developer has offered additional restrictions: 250-foot setbacks from residential, 80-foot natural buffers in certain areas, and noise attenuation. [1:42:00] **Councilmember Nick Lien:** So for point of process, you are basically compelled to approve unless you find significant reason that suggests the preliminary was not done correctly? And these changes are additive in restrictions? [1:42:25] **Tony Wippler:** Right. [1:42:40] **Councilmember Steve Wilson:** Tony, do you know why the developer is showing 10 buildings instead of 12? [1:42:45] **Tony Wippler:** It's a representative site plan. [1:43:00] **Councilmember Steve Wilson:** Leah, is an ordinance stronger than a contract? [1:43:10] **City Attorney Leah Koch:** It gives the council more control and transparency. [1:44:40] **Councilmember Katie Bernhjelm:** I was wondering if someone from Tract could come up regarding Jeff's comment about the 100-foot setback. [1:45:00] **Jake Steen (Attorney for Tract):** My name is Jake Steen with Larkin Hoffman. It was changed to double the buffer to 80 feet for those properties. [1:45:50] **Kristen Dean (Tract Representative):** For the record, Kristen Dean. On the phone, I did not state a specific width. I said we were looking at increasing it. We agreed with the city to 80 feet. [1:47:46] **Mayor Josh Hoyt:** Every measure that has been mentioned has been addressed. To say we're not listening is false. We are working with the developer to find something in the middle. [1:48:45] **Nate Ryan:** (Shouting from gallery) How are you working with us, Josh? [1:49:30] **Mayor Josh Hoyt:** I sat out there with you for three hours. I've told this group many times. [1:50:52] **Councilmember Steve Wilson:** This decision has tormented me. I went up to Rosemount today to the Meta data center. Meta is 700,000 square feet. This is 3.6 times larger. In Rosemount, the setbacks are 900 to 1,300 feet. 250 feet is not going to cut it. I think we need to slow this down. I make a motion to table this. [1:56:00] **Mayor Josh Hoyt:** There's a motion on the table. Is there a second? (Silence). [1:58:10] **Dave:** (From gallery) Have you had discussions with the fire department? Can they handle an 80-foot building fire? [2:00:00] **Tony Wippler:** We consult with Public Safety on every project. Yes. [2:02:10] **Mayor Josh Hoyt:** I'll seek a motion to adopt resolution 2024-109. [2:04:10] **Councilmember Katie Bernhjelm:** Motion to approve. **Councilmember Nick Lien:** Second. **City Clerk Shirley Buecksler:** (Calls roll). **Councilmember Steve Wilson:** No. (Others vote Yes. Motion carries 4-1). [2:04:46] **Mayor Josh Hoyt:** Seek a motion to adopt ordinance 2024-112. **Councilmember Katie Bernhjelm:** Motion to approve. **Councilmember Holly Bernatz:** Second. **City Clerk Shirley Buecksler:** (Calls roll). **Councilmember Steve Wilson:** No. (Others vote Yes. Motion carries 4-1). [2:05:40] **Deanna Kuennen (CED Director):** Thank you Mayor. I'd like to remind the public of the groundbreaking ceremony for the Rye Apartments tomorrow. [2:06:44] **Mayor Josh Hoyt:** These decisions are not easy. Part of the commitment you make to this seat is that even if it is in your backyard, you have to make a decision for the majority of the community. I have listened to residents for six years. We have needs in this community that have to be met. I'll take a motion to adjourn. [2:07:35] **Councilmember Holly Bernatz:** Motion to adjourn. **Councilmember Nick Lien:** Second. **Mayor Josh Hoyt:** We're adjourned at 9:07.