work session. >> The September 8th, 2025 meeting of the city of Canon Falls Planning Commission will come to order. Roll call. >> Johnson >> here. >> Douglas >> here. >> Nats here. >> Fox >> here. Noach >> here. >> Do I have a motion to approve the agenda? >> So moved. Motion by Novach, >> second >> by Fox. All in favor? >> I I moved. >> Motion to approve the minutes of August 11, 2025. >> So moved. >> Second not. >> Any further discussion? All in favor? I >> I >> So moved. Did anybody sign up for real public input as opposed to speaking at one of the public hearings? We got one. We got lots. Okay. Public input is intended to afford the public an opportunity to address concerns to the planning commission. Public input will be no longer than 30 minutes in length. Each speaker will have no more than three minutes to speak. Speakers may address topics relevant to the governance of the city. Speakers must sign up in advance and must provide name, address, topic they attend to address. Comments must be on topic, respectful, pertinent to the city business and adhere to the applicable data privacy rules. Any speaker that violates these rules will be asked to sit down. Speaker refuses to comply, they may be removed from the hearing. Speaker shall not address topics that are the subject of a public hearing. All such comment shall be made at public hearing. The planning commission will not generally act on issues raised by public input, but may choose to schedule consideration of the item on a future agenda. We have lots. Uh first up is Jay Price and This mic still on. >> Hi. >> I don't know if I'm >> uh name address >> J Price 103227th Street East Kent Falls, Minnesota 55009. >> I don't know if I'm in the appropriate meeting. I do have concerns about this that I would like to express and if I'm in the wrong, please tell me right away. Okay. I have sent some of you messages already concerning my concerns, but I would like to bring it up today uh what I have. Uh I've read up on this company and I've read up on other companies that do this sort of work. So, this is what I have found. Please consider the noise and pollution, significant energy and water use which the entire community uh historically will have to pay more. Uh there's greenhouse emissions, gas emissions and air pollution. Uh depleted local local water resources are used. Uh they do deplete the water resource. I don't know what if we're going to be in the Jordan or uh the Shakape or what water level we're going to get it from the Canon River. I don't know. But it doesn't make sense to me that we do any polluting whatsoever. There are large diesel backup generators which increase particular matter, nitrogen oxide. >> Could I just interrupt for one? I'm getting getting nods over here. We might be on the you might be at the right place but the wrong time. >> So yeah. So okay for everybody in the room as Diane spoke before the meeting our our public input process is for items that do not have a scheduled agenda public hearing topic. >> I don't have a scheduled agenda. >> You I you think I do? I didn't mean to. >> No no no no not you. The planning commission's agenda. >> Okay. >> Not your agenda. Now the plan this is my ignorance. So >> so okay this right now. >> Yep. No let let's let's just try to make sure it's it the process is understood by everybody. Uh so if you are here to speak to either the uh intended use permit for GR garage boys, the uh conditional use permit for the fence going in mini grown in the industrial park or any of uh any comments related to tracked in the development of a data center that have then those are the scheduled agenda public hearings tonight. >> What time would that be? >> So those will be in this meeting. So this this first phase is for any other public comments to any topics pertinent to the planning commission. >> Okay. >> That um that are not one of those other seven. >> Got it. >> Okay. Well, thank you. Uh like I said, I was ignorant and uh I'll be talking to you again. >> You can come back up and and finish your statement. >> Don't leave. Pardon me. >> Don't leave. It's happening tonight. >> Yeah. Okay. >> Okay. Thank you. >> So I have all of these other ones are data center. Data center. data center, data center, water, all the rest say data center. I'm assuming that all of those actually then should be part of the public hearing or all of you who signed up on this sheet. Will it be all right if you're all say something during the public hearing? have you can have those opportunities just and then just logistically we are addressing the IUP first the uh CP for con uh mini grown second then will come the series of the public hearings for the data center so stay stay tuned we will be getting on to those those topics >> that's all right with everybody who signed up correct okay moving on then public hearings and discussions. No. Uh item A, interim use permit for Garage Boys LLC. You like it? Izzy. >> Yeah, I'll take it. So that item um is for an interim use permit for a special home occupation. Um so Adam Banks is the owner of GarageBoys LLC. So located at 608 State Street East. um he has applied for an interim use permit um to operate a motorcycle service um business as his special occupation. So just as kind of a reference, this business would be done within the garage um of his home. So it's a single family dwelling. Um and just to note, so it was established in 2024. At this point, it was never permitted for a special home occupation. Um and within residential districts um an insurance permit is required to allow that special home occupation. Um so per city code um going through the motions um we have to approve the special home occupation um in order for his business to keep going. Um so within your packet you were given the development application applicable city code um just a parcel of where this business um is um and his certificate of organization. I just want to note um today we did receive a letter um from a community member. So I will just kind of read it off so you kind of have the full u perspective of the project. So, I got a letter from Bruce Tilderquist. Um, and I'll just read his comments from this afternoon to you. Um, so he states, "I would like to register an objection to the interim use permit for Garage Boys. I live at 616 Minnesota Street East, so I am directly north of the garage where a motorcycle repair shop is being considered. I have been bothered by the noise coming from the garage where they are fixing motorcycles since spring. when they are working, they need to rev the engines, and it is so loud that I could hear it over my lawnmower when I'm mowing my lawn. In my opinion, this type of business does not belong in a residential area because the noise occurs at the time of the day is disturbing. I would like to note per the city code, all of his business hours are within the applicable hours um of the city code. Um so he does meet the standards for special home occupations per the city code. Just wanted to read this so that you have the full picture. So for his hours, he he's within that. I would like to also note his business is completely within his garage. There's no signage, no storage of materials or any work being done outside of the garage. It is completely enclosed um within his garage. So consider that. Um, per the city code, no signage or any identification of the business can be outside of his property. He meets that. Um, and per the owner, he is meeting noise standards. He he's within his business hours. So, please consider that when you consider this. >> Thank you, M. Um, is there someone or Adam Banks would like to speak to this? I'm I'm here if anyone has any questions or anything. I'm more than happy to answer anything that anyone wants to throw my >> Okay. Then I will at 6:40 I open public hearing for um Garage Boys LLC interim use permit. Anybody like to speak during the public hearing for garage boys? Anyone like to speak? Come on. Uh Bert Beavers, 110 West Trailport. Um, I've recently uh used Adam's services with uh great results and the services that he provided for my very unique motorcycle. I couldn't have found anybody else in Canon Falls to do them. So, that was very fortunate for me. And all of the times that I interacted with Adam at his property were within the garage and within uh very minimum impact to what I would say to the neighbors. So, I'd like to share that. >> Thank you. Yep. >> Any other public input? If not, we'll close public hearing at 6:41. >> Right here. >> Nope. Never mind. Unclose it. >> Adam Carell, 513 Minnesota Street East. Live close to the proximity of the business. Um, don't know what you classify his actual business operating hours as, but I hear the noises of engines revving on the weekends and all sorts of the day during the week, and it does put a strain on the neighborhood for relaxation and all of that. hearing bikes revving, going down the street, revving up and down. It is a nuisance to the neighborhood, basically a noise pollution. It's not zoned as commercial, so why are we going to make an exception to have a commercial business in a residential area? That is wrong. You put this through. How many other people in residential areas are going to come through opening a business in their residence in their neighborhood? You're opening the floodgates. That's all I have. >> Thank you. >> Thank you. >> Is anybody else hiding behind polls or anyone else would like to speak to this issue? >> Yes. Uh, my name is Drew Roach. I actually live in Farmington, 31211 Street. Uh, I I would just say I would um encourage you to to, you know, give this guy the opportunity to run his business. You know, as as we see here, a lot of people are struggling uh economically and we want to provide people as much opportunity as we can for them to to make money and make a living and provide for their families. So, I would I would urge you to, you know, approve this and let somebody continue to uh work for a living and potentially get to a point where they can own their own shop, maybe outside into a into a better area. But I think uh sounds like this guy's a responsible guy and I think it would be uh beneficial to go ahead and approve that form. >> Thank you. Anyone else wishing to address the garage boys request for interim use permit? We'll close the hearing at 6:44. Comments from commission. Okay, first question I have. Adam, I don't know if you want to come up and have you here so I can ask you some questions. Have you talked with the neighbors? I know I've we got this letter here, we got this here, and I hear people talking, but have you talked with the neighbors to really explain to them what you're planning on doing? >> I have. Yes. Yeah, I've talked to all the neighbors within the confine of my block um to kind of touch on what the previous person said was about noise coming up and down the blocks um I can't confidently say that that's not always from us. Um but there is a lot of bikes in the neighborhood. Um, when I am working on a motorcycle, I do have a specific test route that I do take, which is not in town. Um, I go straight from my alley out to 19 and then I go down towards County Road 8. So, I am not test riding motorcycles through town or through this the neighborhood per se. So, I I mean, if it's noises, I I apologize. Um, but I don't think it's always coming from me. Okay. But to answer your question, yes, I have talked to the neighbors within the block that I live on. >> Okay. Okay. And I'm looking at a picture of your block here and I consider basically two houses down from you across the street would be the block that you're considering. >> Correct. >> Yes. Yep. >> And the people there have said that they have not had any issues with the noise that you make or anything like that. >> Correct. >> Yep. Now the next question I have when you say you don't motorcycles don't are always quiet like when you leave to go to highway 8 some exhausts some of them are just really loud that's just the way to do it or do you only work on motorcycles that really don't that are that have muffler capability are pretty soft and and that or do you work on all types of motorcycles >> it's it's a wide variety of what what I work on um so yes some of them are loud. >> Okay. How would being inside your garage muff that loudness enough to keep you underneath the noise level? >> What do you consider a prop a proper noise level? What's the certain decel? Um >> yeah, there is a certain the pollution agency basically has the noise level that they have designated and that's one thing that I would say needs to be done probably as >> and I can do that test for you if if you would like or I can have someone come and do that test. Um my garage when I am working on bikes the the garage doors are closed. My garage is completely insulated. It is not soundproof, but I have done my personal tests on just where I start a bike in the garage, I have somebody rev it, I walk 10 ft 10 ft away from my garage and I can barely hear it. >> Chair Johnson, I I can I can actually speak to the the noise standards from MPCA. So for a residential zone, uh there's two measurements that can be utilized for their standards. So it's 65 dB over if they're over 65 dB over a period of 6 minutes within an hour that is above that exceeds the the MPCA standards or 60 dB over the course of um a 30 minute period within an hour. So if you exceed those standards for those lengths of times, then that would exceed the the MPCA standards. Um that's norm that's during normal normal daytime hours. In the evenings, those decibel levels decrease. I I don't remember exactly what those lower ones or what those timings are. >> I'm I'm assuming we're not You said it was mainly during the regular business hours, which would not include evenings, correct? >> Yep. So, business hours within the code are 7:00 a.m. to 9:00 p.m. Um, Adam's hours are Monday through Friday, 8:00 a.m. to 7:00. Saturdays 8 to noon, and he is closed on Sundays. So, he is within those parameters. >> I guess I got a couple things here. So, one of the things is I think based off Izzy what you gave us the 152 298 general provisions section 3 um basically saying shall not result in incompatibility or disturbance to the surrounding residential uses. Um now help me with this IUP. So if we grant this to them him and his business and a resident complains and says hey this is incompatible with my residential use at my place does that get pulled from him or do they have to come how does that work I guess? >> So the IUP would have to be renewed every year. So Adam would have to pay the fee um to renew his IUP >> um every year. So at that point could be re-reed. >> Okay. And and likewise I believe with like a conditional use permit if he is exceeding or violating the terms of the init interim use permit then it could be revoked at that time. So we would, you know, certainly need to take into consideration and vest if uh if a complaint came in that, you know, did indeed if if approved violated the terms of the IEP, we would address that and if if it were it could be revoked. >> Okay. >> And what's the like what area does that fall around? >> Like what? >> Anywhere nor area. So for residential um MPCA standards is you know a home community. So if you have a a o you know an occupied home that's a residential area. Doesn't matter if it's in a commercial district or industrial district but if the sound wherever the sound can travel and can ex if those exceed those limits that is how it is it is measured. So you would from from the point at which it leaves your property to the adjacent property is where the the first level of measurement would need to be need to be made for those standards. So the other thing I'm I'm generally curious about I mean and I don't know your business whatsoever but is is there an opportunity to just say hey I'm just going to test on these days you know where the loud portion that you know the the residents or the neighbors are perceiving I mean could you compact that to a certain time or is it you know you got to you got to test these things daily or whatever. >> So I'm I we I have set hours for for the business. I am not always in there. That is not it. It's my full-time job, but I do do supplemental work outside of that. The only day that I am in there all day is Wednesday. Um, so Wednesdays are going to be the days where if I get a project done, I will take it out and I will ride it. If it's throughout the week and I get a project done, um, I'll I'll take it out and ride it. But it's it is not a daily occurrence where I am taking bikes out for test rides. >> Okay. >> Do you feel like as though complaints are coming from you test riding the bikes or actually working on the bikes inside the enclosed garage? >> That's a good question. I I can't answer that. I don't know. And where these complaints are coming from, how do we know that they are coming from my business? Um, there's a lot of motorcycles, there's a lot of ATVs that do drive around town. Some of them are loud, some of them aren't. So, for me, it's it's tough to prove that it is coming from from my place of business. If it is coming from my place of business, I will do whatever I can to correct that. If we have to go down to certain test days, I will keep it down to certain test days. But as Izzy said, I'm well within the city ordinance and the city code um as far as as noise in business operations. Adam, my only issue I have is like with the city to general provision 152.298. I'll read it to you. Section A number one. No home occupation shall produce light, glare, noise, odor, or vibration that will in any way have an injectable effect upon adjacent or nearby property. We have a letter that Izzy read to us when we first started about a person that's already saying that that's the issue. I'm having a hard time with you being in a residential area and I'm going to ask you, did you look anywhere else? I know that you're trying to make a living and everything like that, but did you look anywhere else that you could rent in a commercial area that you could make this job happen? >> Nothing affordable. No. Um, I I have looked I have checked other places, but there's really nothing available to suit my type of business. Um, but to touch on what you had said, I mean, the only objection to that would be vibration. Um, my garage is is closed when I'm working on bikes. It doesn't emit light. I don't emit fumes. I don't emit anything coming from there. So, the only other thing would be vibrations. But define vibrations to me. Is that noise? Is that something you can feel coming from the ground? What what do you mean by vibration? >> Basically what you just said, it could be if a neighbor of yours even feels something like if you're revving up your motorcycles and they can feel the vibration coming through your building, that'd be a vibration. It could be through the ground, it could just be through the air. The biggest thing that I'm concerned about is we start a situation where people do have their own home business and it is basically in violation of what the general provisions of the city code are. it could lead to a real quagmire for us. Um, I'm not trying to keep you from doing your job. I'm just saying that this might not be the best place for you to do it as a I look at it as an entrepreneurial type thing. I I have a space to where I could start my business, start my passion and grow from there. Do I want to keep this business in my garage? Absolutely not. I do want to grow this business to a point where I can go and move into a commercial building and have my own shop. Um, we know the economy these days it's it's hard and by doing this in my garage I to kind of go back a little bit too I did talk to somebody who was previously previously with the city. Um, he told me that I was okay to do this and run this from my crotch. Izzy sent me a letter. I contacted her right away, started going through the proper channels. So, this is something that would have been handled a long time ago, but I was misinformed on what I needed to do. Um, so here we are today. But again, it's it's an interimm use permit is is just that it's going to be an interm. I am not looking to do this 10 years out of my garage. If it takes another year, it takes another year. If it takes two years, it takes two years. But my goal is to grow my business to where I can have enough customer base to where I can either a build a shop or b afford to rent a shop locally. So I think that's kind of the key. I think you know you get this whole yeartoyear thing. Um you have the opportunity to make good on your word. It sounds like um you have the opportunity you have a couple neighbors here. um maybe think outside the box. Again, I don't know your business, but if you if it's testing that's doing it or revving the engines, maybe find a specific time during those hours. Um I I I guess it's a tough one. I I see what you're trying to do and I I appreciate it and I think this is a little bit different. I guess I the more I think about it, the more I think you're just trying to do good by yourself and do do what you think's right. And I I I don't see an issue with that. And and I think it's within the code. And if if um if it's not within the code and some if there's a resident that has an issue with that, I think, you know, they're they have the ability to file that appropriately. >> And they do. They do. Um, but I'm I'm willing to work with anybody that has an issue with it. If I got to go to certain days to where I can test and ride motorcycles, I'm more than happy to do that. Um, simply asking for an interim use permit just so I can continue my business and get it to the point where I can get it out of my garage. um is a service that nobody does in Cannonballs aside from Canon Powers Sports. But Canon Powers Sports is only going to work on machines that they sell or brands that they sell. We I'm I'm not that I I work on everything. Um I'm just trying to build a business. I'm trying to start and and bring something different to Cannon Palms. >> So, so I guess the way I see it is if we grant this interimm use permit, you know, you'll either come up in a year for review, whether or not you did good on your word or if if you're not doing well enough for your neighbors in that time period, then they can file the appropriate manner, I I would guess. I mean, that's how I see it. So >> yeah, I I agree with you. But the my only conflict with that is how do they know it's coming from me? Again, there is a lot of bikes, there's a lot of ATVs, there's a lot of things in the area that are loud. They are not always coming from my shop or from my garage. Um, D, we have a whole series of exciting things ahead of us. Um, are there any other points we'd like to make or are we ready to vote on whether to approve this interim use or to deny? >> I guess one one final thing. I know you mentioned your your garage is insulated, right? Um, and we touched on like the sound deadian aspect. Have you looked into that in terms of what sort of capital investment you'd have to make to make that happen just to ensure that you know if you're working in that garage and it's sealed and it's you know it's sound deadend at least you can hopefully verify to your neighbors the sound isn't the garage right it's maybe other bikes coming up and down as long as you can prove the point you know my path is XYZ so it should be coming from Have you looked into that or would that be something you will really consider to make it >> it's definitely something I'm I would be willing to consider I have not looked into something like acoustical ical panels to put on the walls or anything like that. Um, just from working in my garage and having someone in there revving up a bike, um, even one of the loudest bikes I've ever worked on, if my doors are shut, I cannot hear that past my neighbor's house. Um, so if if I got to make it quieter, I will look at the appropriate channels to make it quieter. >> Yeah, I just throw that out there, right? Right? Because if if a year comes up and and you come back, right, and you say, "Hey, I did X, Y, and Z because of these concerns that were brought to me." And so to show good faith that I'm I'm working inside the confines of of kind of what what was put in front of me um as a good gesture to your neighbors, but also to say, "Hey, like I get it. Like I'm working on bikes inside a residential area." Probably nobody's putting their hand up saying like, "Yeah, I want that business next to me." Um that would be something to where I'd be more comfortable, right, given the okay on that knowing that again this is interrum, right? Like we don't plan on this business staying there in the long term. Um because in terms of like having a route like like that's fine. Like I wouldn't assume that you're test driving bikes up and down the neighborhood lane. But if your neighbors are saying we can hear that noise admitting from the garage, right? then putting something in place to help subsidize that would be beneficial >> and I'm more than happy to do that. >> You said at the beginning you'd be willing to do the decibel test. I think Izzy has approved basically said everything is good but I'm thinking >> just for further the last thing you want is get this thing going and then be shut down because you are too loud. >> I don't you might have to >> so I chair by me. Um, so that was uh the sound issue. I had a conversation with somebody from MTCA about this and we can they will loan users to do those sound tests. I think that would be your first step. It'd be nice to have have you do that if nothing else and then maybe come back to talk to us and say, "Look, this is this is the reading I got. This is where we're at. It works with what she says." Well, or or we could if if we want to go to route of a sound monitor test, uh go ahead and get approval based on that reading is within the acceptable standards. >> Okay. >> That way don't have to revisit >> with that sound like does that fall within the noise ordinance of of cannibals cuz I'm well within hours of the noise ordinance in town. I'm more than willing to do the test, but is it I'm asking is it like really really necessary for us to do that? >> The reason I'm bringing that up is because this will help you. If everything fits in, if you have neighbors not coming out of the woodwork because oh my god, it's a lot. If you can say, "No, it isn't. It's where we need to be." That's I think is going to help you keep the business going instead of maybe being shut down in three months or whatever after you get started. You want to get going because people are complaining. >> I'm okay with that. >> Is he John? Is that something that's feasible or are we kind of stretching ourselves? I I think you would want to so it was the decision to allow it to be conditioned that a sound test would be done that you would prove it on a basis that a sound test would be completed. >> Yes. Okay. Cuz so yeah we can ask for actually I've already asked for the equipment and I can try to find the time in which we can set that up. So it does need to take place over a wide range of time so that you have baselines established and that um you know that the sound is can be verified that it is generated from the his would be his site. So not just highway noise or other things. So you have you know you have a baseline to understand where it's coming from. But it is something that yeah we could we could do. >> And again on that note I'm like I said earlier I am not always in there. Um I do do supplemental work away from my home. So I'm not in there 100% of the time through those hours. those hours are listed for me to be able to take phone calls and >> as as the yeah as the um >> as the information for the the sound recording data it it captures that over wide multiple hours and so it will evaluate it based on the parameters as it as the law states six you know a six minute period if you have exceed those sounds for over 6 minutes within 1 hour then that exceeds the limits if you exceed completed over you know the lower threshold over 30 minutes and an hour then that exceeds that limit. So then we would know if um if your work was exceeding the MPCA limits or not. So it it it would be evaluated over a you know a longer stretch than just 1 hour. Um you know probably we probably have to set it up you know over a day and then you know see as you work throughout that day if that sound did travel and exceeded the limits. And to touch on that, there is no point in time where I have a motorcycle running over six minutes an hour in my garage or even on my property. Um, just just to throw that out there again, I'm more than happy to do the sound test, but >> I I fix machines. I don't blow them up. >> Yeah. So that I'm just I'm just stating what the what the MPCA standards are. So those those volume levels are lower than the city's standards. So that is that that does apply. Our our hours are specific to you know operations of businesses. Um so there are some differences but the MPCA rules are are the lowest thresholds. So those would be the ones that we'd have to look to first. >> Okay. So along these lines, do we I I noticed reading this interm use permit that we're going to end up signing or Diane gets to sign. Um do we need to explicitly say anything about 152 298? I mean I referenced sub part C of that. Um Brian referenced sub part A. Do we need to state that somewhere in here in case people are unhappy and they could just say hey they're not meeting this or how's that work? Uh yes, Commissioner. The CUP is in the major IEP, excuse me, to many cups. Um the IEP is similar to a cup is that the document itself sets forth the conditions and that will be what you enforce. So if you need to incorporate further conditions, then we would need to do that before for including city code divisions as standards you want to incorporate into the permit. I would recommend doing that before adopting specific permit language. >> Thank you for more confusing. >> So in other words, if we want to include something about the sound test and that we should send it back to you to come up with a new resolution for us. >> Yes. Either Izzy or myself could come up with a new resolution. And I I think that you have some additional conditions here that you guys talked about tonight that uh would warrant including in the permit. >> And in the meantime, of course, then Mr. Banks is not going to be able to operate his business. >> That is the downside. Yes. >> For another month. >> Yeah. So I believe for the commission um if you you could approve that with conditions that we are going to conduct a sound test. If that sound test comes back negative you will be not notified right away. um you know, if he violates the the MPCA noise provisions, then that could be offered in at the next meeting, you know, formally state that the IEP is no longer permitted. So, if you if you did want to give him the opportunity that in this time like because if you deny or postponed it tonight, well, we wouldn't be able to really do the test on his normal working operations now potentially. So, I think if you you did that, you'd have your month to, you know, figure that situation out. Um, indeed, we are requesting the the sound study or the sound uh measuring devices. Um, we'll be trained on how to operate them, we can conduct that as well. um if that's the route that we're sort of maybe heading towards. Um we should probably also put something in there about um I'm just not terribly confident about our ability to get that done within a month. Um um it might happen but um I don't know if we want to limit ourselves to a month that this gets done right maybe it's maybe it takes a month and a half right so can we somehow word that some >> word that how if you if you were approved with conditions of conducting the sound test and you set it you set the timeline >> within a reasonable amount of time >> we will get it done >> if you if you yeah whatever the direction here for the commission. We I will ensure and work to get those accomplished before your next meeting or whatever timeline you set. Okay. So, we have before us planning commission 2025-05 interim use permit for Adam Banks. Are we ready to move on that with the condition that we conduct the sound test within 30 before the next planning commission meeting? >> Set this. Yeah, >> that could be >> give me give it give us a time and we'll we'll get it get it done. So if it's 30 days or 60 days, you just specify in your in your motion what what time you want. >> Okay. So, somebody want to take a motion with whatever 30 or 60 day >> uh um move to um move the IED or whatever it is uh forward to with the conditions that we do a sound check um for the MPCA um within 60 days. >> Within 60 days. >> Yep. >> Mr. Fox moved. Is there a second to adopting interim use permit 2025-05 with the condition that sound test be completed within 60 days? Is there a second? >> I'll second it. >> Okay. Done with seconds. Further discussion. >> All in favor? I >> I >> I Nate. So moved. Wow. One down to go. Thank you guys. >> Thank you. >> Okay. >> Find my agenda. >> Next. Conditional use permit for commercial fence at 520 Canon Industrial Boulevard. >> All right. So, Mini Grown has applied for a conditional use permit to construct a 6-ft industrial fence um within an I2 district at their location. Um so, they intend to build a fence around their entire property which includes two parcels um which were stated on the memo. Um the reason for this is that within the city code um you cannot have a a fence within the front yard um of a business unless you have a conditional use permit um which triggered uh the need for the cup. Um so Mini Grown um applied for this recently. Um they've given their fence plan and things. So it'll be a 6ft chain length fence around their um two parcels. Um the front there will be gated entry. So um gated access within their property. Um so this is just to approve the cup for the 6ft fence due to the need um for the cup within the front yard um of his business specifically within I2. >> Thank you. We will have to open the public hearing at 7:13 to consider the conditional use permit for commercial fence. Anybody wish to speak to the fence about the fence or against the fence? Anybody wish to speak? Hearing none, we will close public hearing at 7:14. Commissioners, >> is Mr. Roar here? >> And in the spirit of moving this along, I don't I don't see any issues here. I'm I'm happy to make a motion to approve it as presented. >> Okay. Uh >> if if we're ready for that. >> I got nothing. >> Okay. Uh no moves to adopt planning commission 2025-06 conditional use permit for Mini Grove. Is there a second? >> Second. >> Second by further discussion. All in favor? I I >> opposed. Nay. So move. Moving on to uh item C on the agenda. Uh public hearing for track um reszoning from urban reserve to I2 general industrial zoning. >> Is he John? >> I I can introduce chair. Um so we do again we do have representatives from track here. Uh Christrist Andine is available and she would like to give a presentation. I think it might just suffice for the presentation to happen before we go to the move on to the public hearing pieces since we agreed that one presentation would be sufficient. They wouldn't have to come back and and do the same thing five times. So then just yeah to understand where this came uh because our code indicates that annex land into the city is automatically placed into urban reserve um as their project wants to move forward uh and it would require it to be reszoned into the appropriate uh zoning district that they have. So that is the start of our our process. So this is kind of the first thing that needs to happen and then we get into the next next pieces of the decision-m process this evening. It worked for a second. >> Okay. Okay. Thank you. Uh, for the record, I'm Kristen Dean. I'm senior director of entitlements with TRA. Um, so yes, I'm going to just kind of quickly move through the presentation because I know that there's a lot of questions and a lot of ground to cover, but really just wanted to set the stage and the framework for all of the applications that um we are here uh tonight to discuss with you all. So, you're very familiar with the location of the property. It's about 253 acres and of that about two uh just under 200 are developable. Um the reason that this site is ideal is because of the high- power transmission line that traverses across the site. And the reason for that is because when sites are located adjacent to the transmission lines, then it's much easier to bring the power infrastructure to that site versus finding sites that are not close to uh uh high power transmission. then those transmission lines have to be brought to the site and additional land has to be acquired and rightway etc. So um tracked as a business model looks for land that already has existing high-powered transmission lines. So, one of really I think this is a critically important to note um because many of the criteria for decision that you are considering tonight for all of these applications um require general consistency with your comprehensive plan. And so the comprehensive plan um was last adopted in 2003 and this site is located within the future urban expansion area. So the city has been looking to grow um in this area. Um as you know that annexation and the orderly annexation agreement between Canon Falls and Randolph Township was approved just a few weeks ago. So within the land use plan for Canon Falls, the site has been identified for industrial development since 2003. So well over two decades. Um you can see from this plan that the city looks to grow its residential uses more souththeast and west of the city core with the industrial development growing to the north where it's adjacent to more existing um types of industrial uses. And so two policies in your comprehensive plan just to point out is that you know these areas that are identified for industrial businesses they're they're identified to bring jobs to Canon Falls and the surrounding area and that it's recognized that large areas of presently agricultural uses on the north side of town between highways 20 and 52 should be reserved for eventual development of industrial uses. So, we have a number of applications that have been before you already and that we're going through tonight and then additional applications will be forthcoming as well. So, the AUR, the annexation, and the code amendment are all complete. And tonight we're presenting um the reasonzoning, the conditional use permit, the cuppud, several variance requests, and a preliminary plat. So, I've listed the criteria for decision for the resoning to I2, the comprehensive plan, compatibility with present and future land uses. Um, as you know with through the orderly annexation agreement, we worked with Randolph Township um because the re of the residences to the north and essentially the township requested this 200 foot uh landscape buffer along that northern property line. Increased landscaping and a 250 foot building setback um is what we've proposed along with we're proposing increased um development standards for lighting, noise, landscaping, building design, etc. that will all help to mitigate any um potential impacts to the the properties to the north. And we will have plenty of time to talk about water and waste water, but the city has conducted a study and determined that there is adequate capacity to serve the site. Um there will be minimal traffic impacts at full buildout. So on that note, I just want to point out that um the full buildout would generate around 1,485 average daily trips. This is a lot less than other types of industrial development. Um so that's what this this chart shows. Um there are minimal site improvements that may be warranted and um it's likely that turn lanes will be installed to um to the main to access the site as well. So moving into the conditional use permit request. So, um, Canon Falls just adopted the code which recognizes data centers and data center substations as a conditional use in the I2 zoning district. There's also the additional provision that requires any buildings um over the height allowed by the underlying zoning district requires a conditional use permit. So, I have a couple of um slides on that as well. So, a lot of the same similar criteria for decision as just the reasonzoning. So, I won't go through all of those again. There are a number of performance standards that have to be met for a conditional use permit. We have identified that those performance standards can be met through this site um for this site and th all of those performance standards will be evaluated during this future site plan um process and that city has oversight on the site plan and in determining that those performance standards can be met uh regarding the building height. So, as you know, we had initially proposed that the buildings be 80 ft in height or be allowed to be 80 feet. We've heard some um comments around that and we've proposed to um uh proposing a 65 ft maximum building height. Um the the code requires a certain for every increase in height uh that the setbacks be increased by percent. And you can see from this chart that the setback increases from all of the property lines based off the of the type of use are well in excess of 5%. So minimum 375% up to 750% um increase in building setbacks. So we had some visual renderings prepared. Again, this this is not to say this is what the buildings will actually look like, but through the building design uh process um with the future operator and through um the building standards that we're including in the code. These are just uh representative images of what the data center buildings can look like. Um we had some renderings done from Highway 52 with the landscape buffer uh just to kind of give you an idea of a perspective of what it would, you know, could look like coming down the highway. So whether you you like these architectural renderings or or not and everyone uh definitely has an opinion about architectural design. This is just to give you a kind of more of the opportunity to have a vision of what the campus could look like in the buildings. So again um a number of performance standards that have to be met for data centers and data center substations. All of those will be evaluated through the site plan process, but all of them will and can and will be met, including screening of mechanical and electrical equipment. Um, a comprehensive lighting plan that meets the code requirements, mitigation measures around again sound, light, water, air pollution. All of that will come through with that um future site plan. So, the conditional planned unit development. So, we have three stages of a PUD in the Canon Falls municipal code. the concept plan, development stage and final stage PUD. Um at this point in time, some of the um elements that are to be included in the PUD um it's not the the we're not in that stage of development to provide that level of detail. Uh as we um talked about in the in the work session, the um all of these zoning um entitlements essentially will further vest the use and the certainty so that um tract can close on the land and order uh utility equipment, pay for water and sewer infrastructure to the site um essentially commit to significant financial investments uh so that the data center campus can be built. So there are a number of elements in the PUD that we wanted to go ahead. So essentially enhancing your PUD requirements and enhancing the code requirements under the I2 zoning district through this PUB. So this is just a concept plan. Again, this is one potential layout of the site. It's uh not necessarily the layout, but this can show you what the building site could look like uh with the setbacks, the landscape buffers, access points, uh location of the buildings, etc. The building setbacks again 250 ft from the northern property line, 150 ft from non-residential uses, um 100 ft from the railroad, and um just zero foot internal setbacks. And there will be um we are dedicating a water storage tank outlot in the northeast corner of the site. So that's what that purple is there. Um landscape buffers. So, we did add some additional language to the to the PUD that requires this additional landscape buffer to the north, 261 trees to be planted, a 50- foot natural buffer around the rest of the site except where the transmission corridor is located, requires native and drought tolerant species, allows BMS, and requires a landscape plan with the future site plan. Um, architectural standards. So, again, these are just some various designs of data center buildings. The architectural design standards require uh vertical and horizontal articulation of the buildings and um certainly through the site plan review process the city has the ability to um ensure that the site design beats your vision and expectations. There is some clarity around the the fencing that we provided uh to you earlier tonight. So the security fencing, which is kind of that the darker fencing, the taller fencing, requiring that to be inside the natural buffer area. So it can't be like along this property line to the north. The security fencing would have to be on the inside of the natural buffer. And then just perimeter fencing, which can be more decorative in style. Um that can be along the the the actual property line. Um there are a number of methodologies to mitigate sound um including just internal attenuation me measures in the u mechanical equipment. We're also requiring that a sound study be required with the building permit and sound is regulated by the Minnesota Pollution Patrol Agency and so the site will be designed to meet those um sound requirements. Lighting, you don't have to read all this. This is essentially talking about your code is already well set up with good lighting standards. Your code requires downcast lighting essentially kind of works towards meeting more like dark sky elements of lighting standards. We added a couple of additional lighting standards um to require that the building pole height be only 18 ft in height. There's a maximum uh there's a maximum uh building mounted light fixture height of 35 ft. up lightings of buildings are not permitted. Um and signage is not permitted to be lit unless it's security lighting. So there are a number of items again that we're asking to be deferred to um different uh stages of the entitlement review process. There's a chart on I think it's sheet two of the PUD um maybe sheet three of the PUD that essentially what it is doing is it's showing you that these items will be deferred to a site plan or will be deferred to a different type of application review. So that there's the commitment there that you all know that there's just because the these elements are not being provided in detail under this stage of entitlements, there's a commitment that they will be provided at a future stage of entitlements. The preliminary plot is designed to create two potential um campuses. The site could be built out as one campus, it could be built out as two campuses. Um we're just kind of leaving the flexibility there and and um planning for that. The outlot is dedicated with this site. Um this preliminary plot triggers the design for the uh the preliminary design for the off-site water and wastewater improvements that um will be extended to the site. It's about a mile of improvements. So tracked will be financing the design and the construction of those improvements. the city will oversee the construction, but all of those improvements are um funded by tract. Um all of that will be specified and laid out in the development agreement. Um again, um the city has determined that there is adequate capacity for water and wastewater to uh be be provided to this site. The development agreement will provide guard rails around water usage and limitations around water usage. um you know the the the development agreement is going to establish a maximum amount of water that can be used under this this campus. Any if if an any end user did want to ask for more water or wanted to use more water, they have to come back through you and work through an additional agreement. They don't have just the right to take more water than what is prescribed under the development agreement without the city's approval. And so that is a mechanism to ensure um that water is not exceeded per this uh development agreement at this time. I do want to point out that the the water demand request is commensurate with the current well permit um appropriations for the site. So um the same water that can be utilized on the site to irrigate the crops there is the same amount of water that is being requested to be reserved um through the city. uh the phasing plan. So again, so the reason that we're working through this level of entitlements at this point in time is because of the significant investment uh to bring the water and the wastewater to the site. Um also to bring the power to the site and the power bringing the power to the site. We're anticipating about 5 years until the site will be fully energized. Uh it's going to take a couple years to design and bring the water to the water and waste water to the site as well. So while while all that is moving forward, the operator will then be coming in and working through the site plan and building permit process with you all. And so we are looking at the first building being completed and the site energized in 2031. There are a lot of direct and indirect um economic impacts associated with data center campuses. Um every uh direct uh every direct job um created by a data center supports six jobs elsewhere in the community. So these are jobs um you know supporting local businesses such as your restaurants um any you know restaurants, other services etc. Um your community will benefit significantly from the data center investment. Um we're anticipating around um I think it's 275 jobs for this site, permanent jobs, plus the construction jobs that are um generated from this site. And so those construction jobs are an opportunity for the labor force to have secure uh long-term work as they build out a campus such as this. Um there are a lot of um benefits to um the labor force to have this type of of industry. um along with again just the jobs that are supported locally. So these are jobs that are filled by local residents, regional residents. Um sometimes people ask because tract is based in Denver, are these, you know, are the jobs filled by people in Denver? That's not the case. The jobs are filled by people in the community. Um and um just this slide just shows some different types of jobs that are created, different levels of jobs that are created, funding. A lot of these jobs, especially um some of the trades jobs, don't require a a college degree. So, there's an opportunity for people, especially young people in the community, to go, you know, straight from high school into the trades, get good training, and have a very good paying job um in the very near future. And that is all I have for that piece of presentation. So, um, thank you. Okay. >> Anything that I or John want to add before we open the public hearing on the first the first public hearing? Uh other than to say in reviewing the application, everything uh that we have uh reviewed is we've been in long conversations about how to get to this point. It it is as we've said not a standard normal um development of project because of the scope, size, length of time in which it's going to take to develop. So that's why, you know, it is having um so many different features of the decision-m process tonight going from the the reszoning all the way to the preliminary plat and the cupp and variances in between. So we do want to recognize that there has been a lot of um discussion about that and how we got here. But at this point, based on what we've reviewed, uh we feel comfortable in bringing it forward and and recommending it because it um it does meet in our opinion the the findings and facts necessary to um receive those approvals from the planning commission. And we do have our attorney and city engineer um available tonight for additional questions. Uh I know the bill and his team provided a response letter. So there are some additional features that that do need to be added. Those have been shared with uh the track team and will be addressed as well. >> Thank you. >> Diane, can I can I add something quick? Sorry. So, just for the public's benefit, too. I mean, we did just get done with a work session that was recorded and it will be posted on YouTube at some point. I don't know how instantaneous it is, but there were I highly recommend you go look at those meetings and past meetings. Make sure you have the whole picture, too. And um I felt like I drilled tracked a little bit earlier on some answers. So like we are those things are available too I guess as resources. So we have visited some of these topics if we don't visit them tonight. >> Thank you. Okay. Uh public hearing on the track track application for reszoning from urban reserve to I2 general industrial zoning public hearing. opens at 7:36. So, this is the time uh to speak to whether or not we should reszone the land we've just annexed in from urban reserve to um I2. Anyone like to speak to that? Okay, go ahead. And remember, it's name and address. Uh Bert Beavers 110 West Trail Court. So as was noted in the presentation uh the current um comprehensive plan is 20 years old. What is the review period for that? What is the standard review period for a comprehensive plan? And it where we are yes kind of past the point where we should have updated our comprehensive plan. We are moving forward on that. At this point we've contacted with CEDA to begin that process. Is it appropriate to do that before moving forward? >> And sorry, sorry to interject. Uh, chair, typically with public hearings, you you do have questions and and that they've certainly we will do our best to provide answers. It may be more efficient for the use of a 3minut timing frame for uh the the speakers to ask all of them. We will try to note and provide responses as we as we can. uh versus a back and forth conversation discussion just to give you all the respect and the time that that you have based on on the public hearing. >> Yep. Those are my questions and I look forward to an answer. >> Thank you. >> Anyone else on the qu Okay, >> Nora Felton, 33079 County 24. Um first of all, I'd like to know whether or not you had to sign an NDA with track. Um, second of all, I noticed that that presentation was so fast that I don't know how anybody in this room could have possibly followed along. I happened to notice that the buffer shrank from 2,000 ft to 200 ft, then went up to 250 ft. I would suggest that we go through um line by line. I have to do that when I buy land. I have to do that when I get my DNR permits. It's good to see that you do have a comp plan, but I'm wondering how this affects your wellheaded protection area that I know you're supposed to protect. And if indeed you're using water from the city, I'm not sure how much water you actually have, which aquifer you get it from, and how deep that aquifer is. Technically, you are not supposed to go down to Mount S uh Simon and can only go as low as the Jordan, which will affect all of us in the flats. Um, I'd be interested in knowing what you have as a recharge area. When we irrigate, all that water is recharged. You're talking about a wastewater system. I'm wondering how many gallons and where it is and if it actually will re um uh recharge our area out here if you're just shipping it down uh the river with everything else. I am concerned about what kind of priority or what kind of permits you would have to use the irrigation well that is out there. I have a heck of a time getting my irrigation permits transferred even after the death of a family member. And I'd like to know the cost of the water that you are providing to these people. Um I'd also like to know the priority of the electricity currently that we have we are having uh kind of rolling blackouts. Dakota Electric calls me almost every day that between the hours of 3 and 8 that I have to shut off my irrigators. So, I'm wondering what on earth you guys will have to do. Um, the pud noise levels. I know that I have people down at the lake that complain about my irrigators, and I understand there's a large whining sound. So, I'm hoping that you have more of a 2,000 ft buffer for those poor people that have the houses up along 86. Um, I again, I'm interested in where the wastewater is going. And I see you have have uh something about a water storage tank. It would be interesting to know how much that is, where you're getting it from, and how it's being stored. If it's in a plastic tank, you're going to have to treat it because you're going to get bacteria in there. Um, and then, um, and then it really bothers me that they had that 60% of these various items, it was up there very short, was going to be negotiated at a later time. Um, this has never worked well. Uh, I can cite Jerusalem artichokes and a few other things that us farmers have actually bid on and have really got burned on in the past. I'm also concerned about the jobs that they're bringing in. I was one of the zip rail gals and at that time this council did not do its job. They did not look through everything. They thought to the very end that that train was going to stop here and it never was. And if you that would have come through here, it would have divided this entire community with a wall that you couldn't get through. Please don't walk into another zip rail. I just beg you. When they were going to do that, they had all sorts of jobs. They promised us jobs and we found out they were all going to be Chinese people that came in here on H1Bs. So, um, what how long they said they're long-term jobs. 10 years out here is not long-term. and um construction jobs. There's a lot of people that need jobs, but if they're just bringing in their own people to come here for a while and then leave, that's not helping this town. Thank you. >> Thank you. Other public input. We'll try to keep comments to three minutes or less if we can. So, a lot of people on various issues. Go ahead. >> I'll be brief. >> Thank you. My name is Wayne Bell. I'm one of the four people that live on the Northern Line. First, I'd like to make a comment that I have not officially been notified by anybody, including Randolph Township that there's a project going on across the bar fence. You'd think that somebody would knock on my door, send a registered letter. Never happened. hasn't happened yet. First letter I will say did come from Canon Falls. It was the information about this meeting. I have a couple of concerns and I and I'm not going to go into detail wildlife corridor. Huge amount of wildlife that presently wanders through that cornfield. I don't know how it's going to impact them, but I don't think it's going to be good traffic. I had one complaint when Randolph Township issued a conditional use permit for the uh cattle auction barn, and that was truckers hauling cattle. Oh, won't be a problem. Won't be a problem. You don't want to hear how many times I had to call the sheriff for for that. So what I'm I have some other things building height that's it's neither here nor there because we don't have a site plan and you're asking us to make decisions on not just the conditional use permit but the reasoning the whole schmo and without a site plan we have nothing if the building's a/4 mile away I don't care if it's 200 ft I am I 3 minutes up >> almost. >> Well, I reclaiming my time. I heard that on TV. Um, firearm discharge. I shoot out there. What happens to that? I heard something about Randolph Township is being paid $2,400 a year for 10 years. who negotiated that. I'd like to have published somewhere a Randolph Township contact that knows something about this. A Canon Falls contact that knows something about this. seconds >> and a developer contact from somebody that's in charge. >> That's all I have to say. Thanks and have a good night. >> Thank you. >> Thank you. >> Other and remember this is just on the one for a change in zone. Uh Janelle Tule 13187 240 40th Street East um is where my Cannonballs notices are sent to. My local address would be better described by parcel numbers. Um my apologies for speaking on a less specific issue. I came prepared for a meeting more similar to the ones I've been watching back home. Um and my geography is a little bit limiting. So I'm going to get in where I fit in and I'm going to read quickly for the sake of time. My name is Janelle Tui. I am the great granddaughter of Otto and Brida Gustoson, the two people that against great odds purchased and farmed the land just adjacent to the site we're discussing. Land that I hope will be farmed for generations to come. My goal in speaking today to provide enough details so that you know we are paying attention in a serious manner to voice concern about boxes left unchecked and to show support for the industries that already provide cannon pulse. I want to do so in a diplomatic uh manner that illustrates that we're here to be good neighbors and stewards. I first learned of Track's interest in March of 24. It seemed clear that the communication was already off to a hasty start as my mom received information that the city was looking for our contact to give to tract. Um, my initial conversations with Track would also prove to be pretty poorly informed or organized with not a lot of details. Um, and it was fairly alarming to me that an operation of the site could be so nonchalant um, in procuring land. So after deciding our outlooks were very different. We didn't hear very much on the matter until this last March. Trect called again looking for another small portion of land and that piqued my interest. Things in the township started buzzing and the city and the county. And from that m meeting I started poking around. It was clear that a lot of minds were already made up and I was getting a little concerned by the lack of information um being given in an organized manner to us. Um, I went to a township meeting and then I just kind of kept going from there. Um, it was at this time the city advised me to check into a Canon Falls technology site. Um, and that was also strange because the site very much seemed to have been generated by and for the benefit of tract. Not a lot of updates. Um, not discussing the things that I'm pretty sure I was vocal about wanting to know. Um, I thought surely that that couldn't possibly right be right. That's not what the citizens of this city needed. All the features and um advantages and benefits I've been in sales to. It just didn't breathe like a city site to me. Um time will not allow for me to extrapolate on all the inconsistencies I've encountered since. Missing minutes, promised updates, generated answers and sessions encouraged without a way to attend from afar. Some oversimplified recaps. Um, I have however set aside a good amount, figured out how to watch all these meetings, track everything I possibly can. Um, I'm by no means anti-growth. I do not have a poly view that data centers are evil and they must be stopped so we can live off the land happily ever after. Um, and I do not come to you as someone who inherited the land to be idealistic about. I work 90 hours a week for a small business. I understand the gravity of paying rising taxes. I'm going to cut a bunch of this out, unfortunately. >> Way over. Oh, okay. Well, I guess can I submit another two pages >> continue? >> I don't live here, unfortunately. I'm trying to do everything I possibly can. Flew in for the meeting, so >> Oh, we do appreciate you. >> Thank you. Appreciate it. [Applause] >> Public um additional public comments on the request for reszoning. >> Member, we've got four more after this. >> Hi. Uh again, my name is Drew Roach. Uh I'm a resident of Farmington. Uh I'm actually a state representative for House District 58B. Uh and I've come here um because as a resident of Farmington um and a representative of that district, we've had to deal with tract as as a company. Um and their proposals in in Farmington are uh the way they went about facilitating that proposing that was very u untransparent. There was little ve little open dialogue with the community about um their plan of that. Um there are many issues with with tracked as far as uh the buffer zones. Uh you know in that in that uh uh presentation that they brought forward they said that they're going to have 275 jobs but earlier in the presentation they said very minimal traffic. I don't think there's an employer in this area that has over 275 employees but has minimal traffic. So that should raise a red flag. The problem that I have with certain um let let me let me back up. I have no problem with data centers. We're asking that you guys slow down on the approval of these and you ask more questions, take input from residents. We've got a 50 250 ft buffer zone that was put in in their plan. That's too close to residential. There's a there's a data center being that being built right now in Rosemont, not near a residential unit that has buffer zones of 1,200 ft to 600 ft. >> It's much more reasonable than 250 ft. >> We're all about developing our economy and lowering the tax burden on the residents, but it has to come with some responsibility. And what I see as a representative is these companies come in and they promise you the world and they prom they come to these small communities that are hurting with their tax base. Farmington, for instance, doesn't have a huge commercial tax base. A lot of that burden falls on the property owners. And these companies come in here and they promise you the world. And then they come to the capital and those same promises that they gave you, they lobby to try to get exemptions from. This is a fact. >> We had an omnibus data center bill in special session just for this industry alone. And they were asking us to give them a tax exemption on the energy that they use. Every one of us has a has an energy bill and we pay a tax on that. So, I I I I I get very frustrated when we have these big massive conglomerates that come in and promise us the world and they're not fully transparent with what their promises are. I didn't see anything there with with how much water they're going to use. The proposal in Farmington, they're taking up more water for that one data center than the entire city of Farmington alone. And when you start taking into account the aggregate data centers that are being proposed in Minnesota and how that's going to affect our our grid and our water usage, it can have a lot of a lot of problems. We've got a 2040 carbon-f free initiative um through the state legislature right now that we're we are supposed to be off carbon by 2040. And when you give me one second and when you add in all these data centers, proposed data centers that that get approved, we're going to be in a world of hurt here energy-wise and we will have rolling blackouts and our costs will go will skyrocket. So I just urge you to please there's no rush on this. If if they're going to be responsible stewards of the community, great. I just urge you don't be like the city of farm or Farmington. take a slower app approach, welcome the citizens input and be genuine about it. Thank you. >> Thank you. Are there other people would like to speak on the request to reszone from urban or urban reserve to I2? I'm Josh Weekes at 8717 295th Street. Uh I basically want to talk about foot in the door. I spent the first meeting we had on this with the man who was told me he was the man in charge of this plot developing the the energy plot. and he had all of the right ambiguous things to say, a lot of good answers, you know, very, very polished. But I did did some homework on data centers and found out that they really can be disastrous. But the one thing he let on to me probably not thinking he said our clients are all big people there. Google, Amazon, Intel. These are the clients that the developer has when the foot is in the door. I'm sure every officer knows bad people, you know, they knock on the door, you open the door, crack, put the foot in there. You can't shut it. You can't shut it. And when you're dealing with Google and Amazon, you're helpless. You're helpless. He He was just mentioning uh Oh, did he leave? >> Yes. Oh, uh the litigations and and you know and and all they can they just can force and force and force. They can just go on forever because they have squads of lawyers, you know, and and you're helpless once you once you've let that foot in the door. I really would ask um following his great presentation and hers and the other guy everybody's kind of saying the same thing. We don't know enough and we are going to be dealing with heavy hitters who that we can't resist once they're here. Thank you. additional >> my husband. He just went out the door. He's been wanting waiting to talk all night. Can you please grab him? >> Okay. Or is there anybody else who would like to Okay, we've got somebody else. >> Yeah. >> Joyce Meyers 200 uh 6730 296 released in Canon Falls. Um certainly I don't have half of the wisdom that the people that have come up and talked and I appreciate and agree with much of what they said. What I seem to hear from the company is that we need to hurry and think about this cuz we're spending rules of money so we need to get it in. So kind of giving a feeling that we need to rush and as he said we we really shouldn't need to rush. One of my personal concerns and and is that like the water with all that we're spending. I know there was a big push to push water down south and west and from you know the Minnesota area and that was always a concern. Well, now we're kind of opening up those doors we've talked about of businesses coming in and and so this is taking tons of water. I have a shallow well. When my well goes dry, who do I come to sue? You guys, >> Rand Township, are you guys going to take care of it? I don't think so. I don't think you're going to take care of my well and having my water taken care of. I'm going to have to dig my own well. As you can see, I'm kind of old and I don't have the resources coming into me to be able to, you know, put in all that well and go into a deeper well and then run into all the issues of that when you have all the different minerals and irons and everything that I currently don't have. And that house has been there since 1965 and we haven't had issues with this shallow well yet. But I see it coming because I'm in Randolph Township and just because water is maybe coming from Canon Falls, it's going to hit all surrounding areas. Are you going to have a lot of people coming and talking about their water and come dig me new wells, get me a new system in Randolph because now I don't have enough water for the city of Randolph, for Hampton, for new Trier or Misville because all that water is going out. Um, I've never heard one thing good on anything. not one thing good on anything from any place that I've looked about data centers. Usually there's somebody that will step in and say, "Well, something good." And I'm having a hard time finding any of it. So, it just seems like they're pushing for their own agenda and everybody else that has talked to said it far better than I have. But that's my concern is who's going to be sued and who's going to pay for it. >> Thank you. >> Thank you. >> Could I add something >> to what she said? It's really important. >> Okay, just very briefly just really quickly. >> You need to realize what the hydraology of this area is. We actually have an agreement that says that the lake h needs to be drawn down so much. We're talking Lake Bilsby because the lake actually affects refle um affects the entire flat. That's how close your water level is here. So if you start messing with the water level, the entire Randolph flat will be affected. So are your lake bills. So you better hire a hydraologist. >> Thank you. >> My name is Charles Hebig, 28490 Harry Avenue, Randolph. Um, one of the big questions I has is currently right now going through the uh Minnesota legislature is the uh Minnesota data center zoning bill. It's uh SF 608 which is Senate file and then the house file is 110916. Uh what that does is it will not allow Canon Falls to reszone that property into industrial. That's the whole point of that is to stop all these, you know, these data centers from coming into areas that are currently zoned as residential and, you know, farm, you know, egg and turning them over to industrial. So, what are you going to do? That's I mean, I got a whole list of stuff, but evidently with only 3 minutes, I definitely do not have time for that. >> But that's one of the big points I wanted to make. >> Can you repeat that? >> You want to give them their your sheet of paper there? Just give them your notes. I got all the rest of my notes. SF608, that's the Senate file. The House file is 1109/16. >> Thank you. >> Anyone else wish to speak to the proposal to reszone from urban reserve to I2? If not, part of uh public hearing closed at 8:01. Commissioners, >> well, I guess I'll lead with a couple things. Couple things that stuck out to me. I just want to be clear here. NDA, I did not have to sign an NDA. Um, can't speak for everybody else, but I was approached by Track. I met with them once privately at the can winery. Talked to them for about 15 minutes. That's that's all that happened behind closed doors. And my questions mainly revolved around how's the school district going to benefit? How much power are you guys asking for? How much water are you guys asking for? What are your thoughts there? Um I have faith in our lawyers and our city administrator and our city engineer. We have done our due diligence with tract, I think, on a couple of these issues. I'm comfortable moving forward and playing nice and and continuing to see what the the tangible benefits are going to be to this community. Right now, it is kind of very pie in the sky. There are a lot of promises, but I am not seeing what those are tangibly yet. We do not know the tax impacts. I don't I have not seen them yet. Um, >> check out our website. >> There are a couple things. I mean, yes, they will pay for the infrastructure as far as I understand to get out to that site. That's a big plus to the community. Um, as I understand it, our as Kristen presented today, they are not asking for more than what that well is already permitted to handle. Um, I did get an article from a resident that said, you know, mentioned hypers scale data center centers looking for 1 billion um gallons of water per year. They are asking for 40 million. Um I did ask a farmer, they they came in here once um you know the first public hearing that we had. I asked a farmer how much do you use for irrigation? And they said that they were permitted about 6 to 8 million gallons of water per year for their their farm to irrigate. Um so I kind of took comfort in that comparing that to about six farms I guess. Um there is a lot of misinformation out there. Um we're still waiting through it. I'm still waiting through it. I'm happy that a lot of people spoke. Um, we're trying to educate ourselves as best as we can. Um, yeah, I don't know what else to say right now. We can get to work, but I specifically wanted to address that. There's no behind thescenes stuff as far as, you know, I read what happened in Farmington. I I've not perceived I have not experienced that here in my position. So being on council and planning commission. >> Thank you Chris. >> Other and remember this is the first of our public hearings and this is on reszoning from urban reserve to uh I2. If not uh are we ready to vote on the resolution? Uh it would be planning commission 2025-07 resolution approving reszoning from urban reserve to general industry. I would either entertain a motion to approve or I guess not. >> I'll make a motion >> to approve >> to approve. Second moves to approve uh resolution 2025-07. Is there a second? >> Second. >> Del seconds. Further discussion. >> All in favor of reszoning. Say I >> oppose. Nate. >> So moved. >> How sad we have no. We will move on to the second public hearing and that is to uh and this is the one that would allow the data center to be part of the urban reserve uh conditional use permit for data centers, substations, accessories, um da da da and a cup an increase in building height any further like >> again the reviewed the uh terms and the applications uh as discussed we believe that they meet the findings of fact uh necessary for this request. Um the recent uh zoning ordinance that was implemented is now in full effect and the application is valid. >> Any further issue? We will open the public hearing on the conditional use permit for data centers at 806. Anyone wishing to speak to change to allowing now a data center to be in this newly zoned I2 area. Becky >> Becky Young Mark 810 Fifth Street North Kalls. Um, my concern number one is that track is the middleman. Who's the operator? Who's coming in here? And they'll actually have the final say as to what goes on besides you. And so I do have a list of questions that I hope I'll give to Diane that have been covered by you guys to make sure you do your due diligence. Um, with the Kendall Bartman fiasco, our tax dollars got so thrown away, and I don't want that to happen again here. Are we going to be able to collect those taxes? Um, are we going to be able to live with the noise? Are we going to be able to live with the operator because it's not tracked? In my mind, they can accurately answer a lot of questions because technically they may know who the operator is, but they're not disclosing it. And so that's the person, the owner of that data center is the person that we should be dealing with, not with tracked. And so, um, and as a member of public works and park board, um, we have concerns now. We have two wells that are being rebuilt. Um I we've had this discussion at public works that the city of Canon Falls cannot have enough water for the data center. And yep, they're willing to pay for stuff, but is that going to be enough? I've read a lot of instances online in the state of Virginia where data centers are very well established with people having water problems because there's not enough to go around. And that's the main concern I heard tonight. So, with that, I will give Diane these and ask that you pass them out. Um, they're wonderful questions. Um, how much water will they will the project use? Um, is there going to be kickbacks? Do we have to give anything to them? We gave away a lot of tax incentives to Kendall Bartman and that needs to not happen again. 27 years of taxes and no paying for wack fees. That should have never happened. It didn't happen in Redwing. It shouldn't have happened here. So, thank you. Thank others that would like to speak on the proposed conditional use permit for data center and the cup and increasing the maximum height to 65 ft. And just for my clarification, this does not include the smaller buildings to 50 ft or does it? those >> don't those are in the PU >> okay so it's not C >> any further comments >> Bell 28365 Rochester Boulevard my property is going to butt up at my longest property line probably the longest property line of any of the adjacent people that are going to be up against this development um I just want say that um uh like everybody else has said, you got to do your diligence before you let them in. And uh seems like you're not going to you got your faith in your one lawyer, you're going to be out lawyered. Um and then specifically to the the buffer zone, um at 200 ft, that's not going to do anything for us. And I can already see that they're cutting into the buffer zone with water tank. the purple piece on there. They're going to take they're going to get in and they're going to take and we're all going to get bulldozed if you don't do all your diligence before you keep saying yes, yes, yes up here. And you're probably not going to hear me right now and you're probably going to keep saying yes, but there's going to be a lot of regret afterwards. Maybe I'll just move on. It won't matter. But that's not my intention. I'm going to live there next to this. So, good luck. Thank you. >> Anyone else wishing to speak to the request for a conditional use permit for data center? Mike, 6658 296th Street East, Kennet Falls, Minnesota, entering into an agreement with track so they can make millions of dollars and it doesn't appear as though we have a financial model of the benefits to cannon falls. I've never heard anything about the financial impact, the positive financial impact to Canon Falls. How can you make all these accommodations to a non-existent developer or company funding the development without knowing the financial impact? None of you probably would do that with an investment in your home. You'd want to know the financial impact on your ability. Track will not will do financial modeling. They're talking about their financial model in the end of the meeting. At the end of the meeting, if we don't get these things, we won't find a buyer. If we don't get these things, we won't find a buyer. They just told you their financial impact would cause them not to get a buyer and it can't be that tall if you can't have the resing, if you can't have all of these things. I was very interested to hear her say that. They talked about a comprehensive plan. Well, have they shown you their comprehensive plan or are they just showing you the tidbits? Because when Microsoft or Apple come in, they're a trillion dollar company. They'll lawyer up and get whatever they want afterwards. We can't fight them. Also, a sunset plan. How many of these technologies last more than 10 years? What about that building and its impact on us in the future? its impact on Canon Falls as an empty dead building that some corpor owns even though Amazon was working it. I feel like we're giving in so much and we're not getting so much unless that financial impact is planned and shows strong advantage to Cannon Falls. Thank you. >> Thank you. Anyone else wishing to speak on the proposed cup for data center with maximum building height of 65 ft hearing? None. We will declare the public hearing closed at 8:14. commissioners. >> Um, I guess I got a couple couple things here and again I don't it's usually not a Q&A format, but uh here we are. Um, you know, Mike, you you you talked about the financial impact. Um, that's something that's definitely on my mind. Um, I guess John, can you run us through when we will perceivably see these tangible benefits presented before us? What the process is now? So, say we go through and we approve everything tonight. That's not the final say. Obviously, council has a say. Yep. >> There's going to be more meetings after this to kind of >> So, yay or nav this? >> Yes. >> And we're still looking for tangible. >> Correct. So, this is one step in all the approval processes. Um, so this at the planning commission, these hearings, these requests and this development application are recommendations to the city council. So this then from here these recommendations will be taken to the city council in whatever form that you as a commission vote on them um and presented at at that body. There are a couple of these elements that are technically like ordinance changes like the reasonzoning is is technically an ordinance change that requires a first and second reading. So that's all to say that decisions on the land use pieces all these part of this application is going to take place over the next following council meeting. then then subsequent council meetings after that. Additionally uh in terms of the benefits and the and the costs um what will be paid for and financed that um is a part of the development agreement and I get that there's uh you know close terms we have development application we have development agreement consider development application is how can you use the land development agreement is what you know in terms of the infrastructure the water the sewer the infrastructure needs that are brought to the site from the city that is making the determination on how all of those things are are happening. So that's in terms of the the total water use numbers, the total uh sewer discharge that would be coming back to the city to be treated at our wastewater treatment plant, the uh management of the storm water on the site, the management of uh roadways and accesses, and additionally, how are any of these requests for this additional capacity going to be paid for in terms of infrastructure costs delivered to the site in terms of the cost of the production and and treatment of those resources? to deliver to them. In terms of this water storage, just want to clarify that it is a the intent there is a water tower would be built on that on that site to store a million gallons um that would be owned by the city and support the city and um in the water storage and distribution for that for the for our entire community, not just not just track. Um so there are other benefits that um are being discussed in the development agreement in terms of like park dedication fees and um additional costs to offset future infrastructure improvements in terms of uh capital recovery charges or impact fees and rates. So those we have in received our initial uh draft application of that. We just had an earlier meeting today in terms of the um consultant team and and city staff team to go over our response to that and um feel like we have another you know back and forth to hear those measures and incorporate the things that we we have. Uh I understand too in in the months that we've been working with tract in terms of the input that is being heard tonight and uh from you know not only the planning commission but the the public that they will probably be incorporating things that they hear in ways that they can't. So and that has been my personal experience and professional experience in working with them. So those are are certainly elements that we um I expect to you know be brought forward to the council. Whether that will be available for next council meeting probably not uh in terms of a final decision for that development agreement. Um but that will be a part of ultimately anything that is approved the final approval has to have both the development application all of those various approvals to be accepted and as part of those the contingency on the development agreement has to be there as well. So it is you cannot have one without the other. They cannot proceed and move forward with the purchase of their of their property without our final development agreement standard. So that will be um for the city uh much more detailed in terms of the the actual allotted water consumption and that can be established and set by the by the city. Um we can you know those just because that's what's requested doesn't necessarily mean that is what has to be given. Um but as we've progressed and move forward and evaluated everything the studies that we did earlier this year the Ae that um was completed for this this site those are all factors that go into these considerations. So there is still a lot and I and I know it feels like this is coming out for some coming out of nowhere uh because we have you know been following the process to first get the land into the position where we can make these jurisdictional decisions um that required the annexation. So that's why part of it has has taken up to this point. But know that there are are more of those elements and certainly want this body, the planning commission to know that um we are working hard and certainly um from our perspective pushing back on the things that we feel that would not be appropriate for our community. um you know finding ways that we they that if they are um it is not at a cost burden to those that has been certainly a stance that I have taken with the company in our conversations that anything that the any increases in in costs of the community but either in taxes or in utility costs is is a non-starter uh in terms of of this development. So that's what we've we've been advocating for. Um also understanding we have needs beyond this just thing. This isn't the only thing that's happening in the in our world. There um plenty of other uh issues and things that we have to address. So so know that a lot lot more will be to come there. I mean there there will be probably elements of decisions on this project from now and through the meetings through October at at least. >> Yeah. that >> I think it's the development agreement and what was the other thing >> development application >> that I guess there's a part of me that says I would have thought that would come first and then the request for the conditional use the PUD overlay would come following that because otherwise I really do feel like we're shooting in the dark. Uh there's a lot of specifics in here, but uh why don't we have the development agreement now as opposed to before we make these decisions? >> Again, back to the annexation and authority for the city to make make official decisions and you know, official comments and back to the terms that were being discussed. So it would it would have I feel like personally professionally it may have felt inappropriate for us if we are negotiating something and presenting it to you as if it's final um at the point before we actually have the authority to to make a decision over over that. So we did not want to jeopardize uh the process of annexation process of the of the ordinance by making decisions that we didn't have the authority to make. So that's why at this point this is why some of these things feel like they're coming coming to us pretty quickly. Um a lot of those terms were discussed and presented and we you know certainly were able to provide um you know unofficial feedback in in certain terms but at no point were we in a position where we could truly legally negotiate terms to these agreements. Uh second thing on on the conditional the cup. My understanding is that if we if the city council officially approves the uh cup for this particular property for data centers uh that would remain with the land forever unless the owner would request it be changed. Correct. Uh the cup if granted does run with the land. However, it is subject to the city's oversight and enforcement authority. So if there are any violations of the permit, then that would be a process for revoking it in the future. I I was more concerned about uh if something if something were to happen and 5 years from now all of a sudden uh the developer says, "Wow, this is not going to work. You know, we're not going to have a data center here." How hard would it be at that point to change it back to the I2 so that we could actually look at other potential uses for the land? >> It will always be I2. it it the >> to get rid of the cup on top of it that runs with it, >> there may not be a need to to do that. So if there were something to be developed on and and it were a permitted use within an I2 uh then that would be allowed even if that we revoked the CUP if if there's yeah if they didn't >> but because you know from what Shel was saying if it runs with the land I didn't know if that would override then uh like I said five years from now suddenly there's no data center but we want to put uh a manufacturing plant in there. Would we have to get rid of the cup to do that or would >> um chair Johnson? Yes. I mean there would be a series of steps there. I mean presumably the there would I mean tracked as and or their successor would own the property subject to the cup. So, you know, unless they chose if they chose to do switch uses to manufacturing, they have to start this whole process again. Um, so they the cup wouldn't allow them to do they would have to get rid of this cup. I think that's the answer to your question before they could convert to a different use. And and that's layered with the PUD as well. Uh >> I was just wondering if if maybe what we should do is look at granting it with a 10year you know for 10 years you know because at 10 years they should have it completely build out and then we could make it forever or I did I mean you know things change companies go bankrupt uh you know who knows maybe we won't need data centers 10 years from now I I have no idea But I just thought and and I I should have asked sooner. We do have >> three letters that were submitted. Do we need to read those or >> um No, we uh in terms of review, uh we just want to acknowledge we did have comments that were sent in. So the the comments that we did receive that were sent to Izzy um to either of the course the last week directly to this they've all been given to the planning commission members. They've all had a chance to to read them. Hopefully if not before they will have a chance to read them. Those are incorporated to the record as the same with the statements. So >> and I I believe all three of them were speaking in opposition to the or to some degree expressing concern about this proposal. do believe that would be the opinion or sentiment of the >> Diane. >> Oh, >> so I I did indicate that in certain they could be could be read like if you do want to comment to that like if you do want to speak to the meeting or if you had us if you're here and you turned it in if you want to read that statement tonight like go ahead. >> I was going to say I mean Jerry I see Jerry's here. Jerry, if you'd want to read this at the next public input. >> We still have three more public hearing pieces, >> but the response from Izzy that you guys would read all the emails in tonight that someone would read them, right? That was the response that Izzy gave me today. Get an email. That was the response that Chris or I >> gave me. John, you also gave me That's what I That's what I did say. I can get I just I apologize. I should have >> We need to do what we said we were going to do. >> We're working on it, Jerry. Yep. We got it. We got you. >> Thank you. >> Yep. >> Sorry. Here's here's the start. >> That's the amendment. I'll just take Would you like me to read them at this time? >> Hello, my name is Kim Nyas and I apologize if I mispronounce names. I'm a Canon Falls resident and live about 2 milesi from the proposed hypers scale data center in Canon Falls. I'm strongly against having this data center in our community for many reasons. Most concerning is a massive water consumption to our water table and the unknown of how much this will increase as AI usage increases. Most companies are not truthful in how much water is going to be used. Print CC data centers consume massive amounts of water. Companies really tell about tell the public exactly how much. Uh I'm concerned about the electrical grid. I'm concerned about the light and noise pollution. I'm concerned about the visual impacts and air emissions. I'm concerned about that this will damage our ecosystem. I know an AR a AUR AU AR was done, but I don't think it was adequate in order to determine the impacts of our community. I do not think there was enough information provided or in order to determine fully the impact of the water usage, energy usage, air emissions from diesel generators, noise and setbacks necessary to reduce noise to comply with the Minnesota's industrial noise standards. It does not address cumulative impacts. A full environmental impact statement should be prepared and it seems like everyone is just trying to rush this through. Finally, I think this will change how our community is perceived. I grew up here. I wrote a poem for the Miss Canon Falls pageant and the first line was Canon Falls is a special small town. Bringing a massive data center here will change all that, even if it's several miles from downtown. I'm sure you are all looking at dollar signs from taxation, but I see a loss of our community as we know it. Thank you, Kim. recognize. I oppose the resoning of the land that was annexed from Randall Township. In general, I am adamantly opposed to the data center and I do don't want to support anything that would advance the approval of anything related to the data center. What is the actual benefit to Canon Falls? A few jobs, some tax dollars of how much exactly is the soul of Canon Falls being sold at a price that's unknown. There's literature all over the internet of communities that let data centers be built and now gravely regret that decision with increased electrical rates, noise pollution, water rationing, air pollution, construction disruption, 5 years worth. It would cause a huge concrete scar on the canop's landscape. There is promise to plant a few trees. You need to go to Rose Mount and see the data center being built there. You will s certainly see that a few trees will not pretty up the data center. A more through through environmental review needs to be completed. So many of the responses in the AA were that the impact of the environment would be determined once it was known what exactly would be built. Tract already knows who they are developing the Canon fall site for. They are just hiding behind the LLC. Tract wants to build and Canon because of our water supply and accessibility to electricity. It's cheaper because of these terms. So I see it's cheaper for the eventual end user to experience a larger profit. The billionaires keep making more money while destroying our community. Tract is a wolf in sheep's clothing writing on Canif Falls community page about a technology park. Let's call a spade a spade. It's a data center monstrosity. There is no nothing parklike about it. Tracked as a predator in the Canfell community is slippery. There has to be a better way to get a few extra dollars in the Canon Falls bank account and something that Canon Falls could be proud of. I moved to Can Falls 7 years ago because I love the small town feel, access to a variety of recreational activities, friendly community, a plethora of community events, school pride, beautiful river and lake surrounding areas. It sickens me to think of driving south on Highway 52, and coming over the hill by Fiser Avenue and seeing a glowing dome of concrete covered covering hundreds of acres. Chris Novach indicated at one of the council meetings, if the data center was not built in Canop, it would be built elsewhere with the same environmental consequences. Yes, true. But data center applications are being turned down by numerous other Minnesota communities. So maybe they're on to something. Maybe the state of Minnesota should put tighter constraints on data centers instead of tax concessions letting them not comply with Minnesota's clean air initiative. In conclusion, I pose item 1 2 3 4 and five of the public hearing agenda. You will see my address that I actually am a resident of Randolph Township. However, I have vested in vested interest in Canon Falls. I have a niece and a nephew that live there with their families in Canon Falls. I shop by gas, attend school, community events, deliver meals on wheels, go to church, eat at restaurants, and attend fundraisers on Canon Falls. Canon Falls is my community in heart in my heart if not my address. Thank you for reading and considering my opinions. And Bustelmer, 6658 296 Street East, Canon Falls, Minnesota. Jerry Nelson, 34440 County 14 Boulevard, Canon Falls, Minnesota. Dear Mayor, members of the city council, I'm writing to express my strong opposition to the proposed data center project in Canon Falls. While development is important, this threatens our farmland, natural resources, and community character in ways that will cause long-term harm. Agricultural land, and community character. Canfall's identity and economy are rooted in agriculture and small town charm. As the city's official website knows, Canon Falls offers the advantages of smalltown living with access to urban urban amenities. Canoeing on the Canon River, bicycling on the Canon Valley Trail are but two examples of recreational opportunities for Canon Falls residents and visitors. Replacing productive farmland with a data center along Highway 52 would permanently erode our rural heritage and our and the community image that attracts visitors. The Van Trump report also highlights that outside investors in industrial projects are driving up farmland prices, making it harder for family farmers to compete. Water use. Data centers consume extraordinary amounts of water. A single facility can use as much as 12,000 households. And in 2023, US data centers consume 17 billion gallons directly with another 211 billion gallons indirectly through electrical generation. Electricity generation. This project could nearly double Canon Falls's water use, straining walls and limiting future growth. Minnesota lawmakers HF 30007 have recognized this problem, seeking DNR to review facilities using over 100 million gallons annually. Energy demand. If all proposed data centers in Minnesota are built, they would consume as much electricity as every household in the state, challenging grid reliability and clean energy goals. Public safety. Large data centers are high-risisk facilities that require specialized fire suppression, emergency response capabilities. Surrounding fire departments are not currently equipped to handle fires, hazardous materials, incidents, or other emergencies at a facility of this scale, putting the entire community, volunteer firefighters, and first responders at risk. In short, this development would consume valuable farmland, drain our water and energy resources, worsen housing affordability, and undermine the character of Cannon Falls without delivering proportional benefits. I respectfully urge you to reject the data center and instead pursue growth that protects farmland, preserves our small town character and supports sustainable development. One thing is for sure, crop farming has existed for hundreds of years and it feeds and fuels the worlds. We cannot say that about data centers. Thank you for your consideration respectfully during this. >> Thank you John for reading those and again my apologies for uh not bringing those forward during public input. We will go back to our discussion on the requested uh cup with cup and building height uh planning commission 2025-08. Sorry, sorry, chair. This is uh >> certainly would exceed the three minutes. >> This this is the amendment to the text that they >> Oh, submitted. >> There was I thought there were four. >> The first one was for the went over. >> Uh no, there was another one. Um I didn't receive it then. Yeah, I might. All right. There are some there are some many reasons to say no. Please consider the noise pollution, significant energy and water use which the entire community will have to pay more. Greenhouse emissions i.e. gas emissions and air pollution can deplete local water resources. Large diesel backup generators increase particulate matter, nitrogen oxides, volatile organic compounds which increase increases health risks for neighbors. Nobody wants to live by these, so home equity will significantly be reduced. Noise pollution is significant. Larger power lines will probably be needed. This company has a history of lack of transparency about water and resource consumption and insufficient detail and environmental reports. The continuous circulation of water and the cooling process causes pollutants like dissolved solids and chlorides to concentrate. Visible life RF radiation infrared radiation although low is still serious overtime exposure. Data centers reach end of function in just 20 years. 96 dB or more noise can cause the nearby neighbors and workers. Uh also production of low frequency sounds persistent that travels long distances. Tracy has a history of preying on I believe it's tracted has a history of praying on unsuspecting small communities that have no regulation on data center building industry increasing water and electricity costs. Tracked has a history of environmental studies. Farmington, Castle Rock Township, and Rosemont have been sued by Tracked. Noise levels in hyperscale data centers can be substantial, often exceeding 90 dB in server areas to similar to loud machinery of a power lawnmower. Sources of the noise include thousands of servers in their cooling fans, massive HVAC systems, power backup generators. The constant highfrequency humming can cause health issues for staffed and disrupt nearby communities, prompting new regulations and noise reduing technologies. J price now we've got them all. Again, my apologies. Further discussion on the cup request from commissioners. >> Is it close to public? >> Yeah, sorry about that. >> I just have one thing I'd like to say as I'm looking through this. We have a city code. You have a 152.070 purpose that was developed in 2006 and we have a 152.072 072 criteria that was developed in 2006. I'm looking at D where it says the proposed use can be accommodated with existing public services and will not overburden the city's service capacity. That's my biggest question on this. I don't know if the proposed use will meet that. I don't know if it can be accommodated at this time with our existing public services. We're going to have to increase that. We're going to have to overburden the city service capacity. That's my concern. >> Yeah, Commissioner Douglas, if that that's what we're discussing in the development agreement and that's this the position in which the the staff are are taking that we do not want any of this to open overburden our system. So in our water and wastewater studies that was understanding what is our total capacity, what do what do we have? And if this development were to come in and make requests of us, at what point do improvements to that infrastructure need to be made? And we need to determine if those are at the request of this development, who's going to pay for them. Ultimately, our position is those those improvements need to be paid for by the developer. That's how we've operated in other uh development type projects and that's how our our code is is drafted. So that is the position in which we're taking. So if the potential for overburdening were to come, it would be at the offset of these improvements and developments being being made. If there is um a recommendation from staff to approve it is because we do feel that it either one meets within our existing capacities today or and or if their uh demand is such that it's going to increase and get us to the position in which that burden would take place that the improvements would be there to alleviate that burden not at the detriment to cost to our existing users. And additionally, we have been strongly considering this along the lines of we have we have the capacity and uh desire for potentially some additional growth to our community. So, in that evaluation, we looked at what potentially 2,000 additional residents to our community would have, the development that it would take to to provide that, and the resources that they would need in terms of dividing that and making sure that that all stays within that capacity that we have currently within our our our city, any allocations that were were granted. >> Now, I'm bringing up what Diane said. So currently it can be accommodated but like she says what happens in five years what happens when this finally gets set down and everything is the way it is and I know you've done projections and everything like that >> but the biggest concern I have and people here is to our water to the things that how you going to how you going to make more water I mean how can you get more water to if if we have 2,000 more people here the data center takes up all this where will that come from where will the extra water needed to cool that data center come from Little Cannon? >> No, it would. So, the city has a municipal water source and that is granted through an appropriation through the Minnesota Department of Natural Resources. So they have permitted us in their evaluation that the city of Canon Falls can uh take from I believe the Jordan Pradeshin aquifers through wells up to 250 million gallons a year within that appropriation. If we exceed that then there's there's penalties and we are subject to that. So currently our our current use is well under the 250. I believe where we at round up >> we're we're around 150 million gallons on average now. >> So So we have just under 100 million gallons of of total appropriate or allocated through our permitted process of water that we could use. uh should be subject to DNR evaluating and saying, "Hey, we believe that if you did take all of that, it would not be an impact, a negative impact to um residents in your area, anybody using that that well, any any other water resources. That was in our conversations we had with DNR and ensuring to ask those questions. Their response was they did not believe in any foreseeable way that an allocation of what tracked is requesting in this 40 million gallon a year range would be uh negative impact to anybody in the system. So it would be within our current standards. So those exact terms are being worked out through the development agreement in terms of how much water that 40 million is on a daily basis or on a peak bas basis or or whatnot. So there's then the treatment of the water as it comes back that is being evaluated as well in terms of what do we have for our capacities and ensuring that that is within the capacities that we have within our existing wastewater treatment plant which is then permitted as well. Um and then we have a point uh discharge area to the Canon River. So as that water is treated, it gets released because it is me meets all the permitted standards of the MPCA to be discharged into the Canon. >> So uh did I miss anything else? >> If I could just one thing John it's already been evaluated. So we've evaluated the water system. We've evaluated the wastewater system. That report's been presented to the council. The council's rep reviewed it. we've you know provided that information to track saying this is what the city will do period and that's what John mentions being corporate development. So I just want to make sure everybody knows that's been done. We have done our due diligence. We are comfortable with that as staff >> and the amount that they're asking for is how much again? Well, we have told them that we have uh we believe taking into account the city of Can Falls growing by 150% and growing our existing commercial base um which John mentioned was 6,000 people that we would still have 44 million gallons per year available which is amount that they're already permitted in that irrigation well on that site. So just to put that in perspective, they have an irrigation well on that site that's permitted for the same amount. That would only be an emergency backup, but that is the amount we have told them. We are we as the city would be uh comfortable allocating to them. >> Yeah. And again that as our in our conversations with DNR the that would need an and they would need to have that amend permit amended for the irrigation well if they are going to get it used. So DNR is going to evaluate that and they're going to make a determination of whether or not that can can be done. That's that's that's between the land owner and >> Yeah, Jesse, I see confused look. So just Okay, so it's >> so so um at a previous meeting um my understanding was is that well was not going to be used. >> That's correct. >> Correct. >> Yep. And um I did have a question um about this there uh in in some of this paperwork it talks about um that the data section two uh subsection M um that says data centers provided that one public or private sanitary public or private sanitary sewer water and storm sewer services with adequate infrastructure and capacity are will be available to serve the data center as determined by the se city engineer. And I'm just wondering how how we um how the city plans to enforce uh a a private um well uh the the Minnesota DNR enforces that. So they would not be able to use that unless they got approved to use it as an emergency use. So we are we as the city are requiring them to extend sanitary sewer pipes and water main to the site from basically where the Homestead Medical is on the highway there north going up the highway and then um Law County Road 29 and 86 and they are they are paying for that. >> And then when they get when they get permission to take from that well right that That doesn't involve us. >> Does not involve us. Correct. >> So they're so >> well it doesn't involve us and that we are not the responsible permanent. >> Correct. So us that they will be able to get that. Sorry. >> Yes. Once once they get that approval right, they'll be using more water. >> No. >> No. >> No. So and sorry to inter part of our annexation agreement with Randolph Township. We all parties agreed that the only use of that well would be in an instance in which the city cannot be providing them water and they would be able to then use that water for their cooling process until the time the city could re reinstate you giving them water and we would have to provide them notice for for that. So that is the only time in which this emergency use would come into effect. So >> does the city get to use their water if they need it? Let me uh when we say emergency use, that wouldn't then increase their allocation from the 44 million >> no because they're only using they're only using the water and which they're not using from us. >> Okay. And I somewhere I thought I saw that >> there >> their maximum per day usage was something that a figure that was higher than I' seen before. Now I can't find it. So it doesn't matter. And if >> I think that's on the PUB, not on the conditional the CUP, correct? >> Water consumption. >> Yeah. Or maybe that's on yet another one >> that it' be the development agreement. >> Actually, yeah, they're all really city council items, but it's good. So, we're we're actually now just doing the conditional use request for a data center and the conditional use with the higher buildings. I think we still got three to go. So, other thoughts? >> You don't have any recharge area. You'll never get that water back. Um, and I was going to say and before we vote, I know uh, you know, there again, and I've spoken to this at council meetings and, um, I understand, you know, that this could be good for the community. I also understand that it has, I think, some some potential to to do damage to our community because I do not believe that a data center um is in the best interest and the health of our community. Um I I will not be able to support this. That's just my personal opinion. Diane, I guess I' I've told you and I agree with with some of what you've stated here and I said that publicly. Um, right now I'm of the opinion that um, we move forward and and we, you know, I I trust our our staff here. Um, just for those of you who don't know, we did hire another employer on retainer, right? Just who's been through this before. So, we do have more than just one person looking at this, even though our one person's very good. >> Has a whole team. >> She has a whole team as well. >> Yep. So, my stance is right now I'm going to trust our staff. They've done their due diligence. Um, I feel like I've asked a number of questions over the last 6 months to feel comfortable moving forward. That being said, I'm still waiting to see what the tangible benefits are going to be. And it's my understanding that we still have time to do that. So, I'm comfortable moving forward based off the work that our staff has done. >> Thank you. >> So, thank you. >> Other last minute comments before we should vote? >> If not, um looking for a motion to either approve planning commission 25 2025-08 conditional use permit or to deny. >> Motion to approve. Nobak moves to approve 2025-08. Is there a second? >> Second. >> Not seconds. Further discussion. All in favor signify by saying I. >> I. >> I. >> Opposed. N. >> Nay. >> So it's 3 to2 and the motion will carry. Now, let me find the next one up on our Okay, moving on to item E track conditional use permit planned unit development. John or is he any further before we open it up to public comment for public input? Like hearing Okay. Uh >> 854. We are now open to uh public hearing on tracks request for conditional use permit planned unit development. Could anybody and just come up again and identify yourself. And for the sake of time, let's see how concise we can all be. Joyce Meyers 6730 296 Street East Canon Falls. I need a clarification. If we're talking development, did not the gentleman in his left have some sort of law that was by state of Minnesota saying that annexation could not happen and you took the numbers down and yet you all agreed yes, the annexation can go through. Did I misunderstand that? Or were we approving an annexation that he said is in the Minnesota law that's not legally to be done? What did I misunderstand? >> I'll I'll address that when it's closed. >> Okay, great. And then I know there was something else and I'm so nervous I forgot it. But um I do feel it's unfortunate that as things come up that we haven't heard or come across before that we can't add comment at that moment because some of it could be very pertinent to what people are hearing and saying and and needs to be said. Thank you. >> Thank you. >> Other public speaking input from I remember what it was back. on on the development the testing when they talked about testing on the maintenance and using one machine for was it their generators or whatever and they had like 15 for each building and whatever when I've done testing in in our businesses that I've worked in um you might test one at a time but at some point you have to test the whole thing to make sure cuz if there's an emergency it's going to happen and you talk about the decibb well I'm thinking that that's going be much higher and that only for like 6 minutes for our garage boys. You can only be at this decel for this much time. These sound like they're probably going to be more than 6 minutes at a time for testing. And is it one tested and then another? So it's 6 minutes 6 minutes 6 minutes 6 minutes 6 minutes. How that works, I'm not sure. But if they actually go into an emergency and they have to run all of them at one time, what are your decibb then for? and what is your limit of time that that can be run because they're going to need to keep their operation going with all these big boys playing in in the data center thing. So, that's going to be a whole lot more and and it's been proven noise is dangerous to your health, too, not just mine. Thank you. I guess what I'm really concerned about is the fact that she pointed out she had one slide that talked about they could only tell you 60% of these various parts of the development agreement because it would depend on whoever they were working with. And you're going to get so far down the road with so many things signed that by the time they get to the 60% no lawyer, no matter how good they are, will be able to get you out of this. And no, how no match no matter how much tangible financial benefits you get when the water's gone, it's gone. You flushed it down the river. You don't have it recharged. It's never coming back. >> Thank you. Any additional comments on the cup? >> Can Can you actually define what it is? the CU is traditional. They're asking for a u planned unit development overlay on now the on what could be the conditional use permit and John can or is he >> a planned >> unit development there's nothing like the initial game when it comes to government >> we we do have yeah quite the uh ordinances so uh typically planned unit developments or puds are used to overlay um land use rules and regulations on a parcel that has unique circumstances that otherwise would require either a lot of variances or conditional uses or or other approvals so that it can be developed in a certain and specific way. So this happens uh this the city of Cannon Falls actually has a number of different instances and recently which we did a planned unit development on a couple housing um uh divisions or subdivisions that are going on right now. Housing developments that are going on right now to dictate the setbacks can be a certain distance or the building styles are had to be um of a certain requirement. So in this instance with this project generally as uh what was presented by tract earlier they're looking for increased uh restrictions on the setbacks pushing the setbacks farther away or farther into the property um to pro you know promote buffers between them and adjacent uses. And in that um constricting of the land then building heights are also being requested to be increased and different uh amounts of buildings and size of buildings related to their per primary or accessory use are also being requested. The full details of that have been submitted in the applications. We have them available right here for review. We've had >> is that what we looked at >> the design that we looked at up there was >> the so those are >> so so the mapping the mapping issues what is looked at on the aerial map and what those boundaries are what we're looking at today for the for this phase of that approval in terms of the concept designs those are also being asked to to have a higher level of architectural designs specifically whether those concepts that were shown on in the slides are used is is not at this time to be determined. But having those higher architectural standards for that design is something that is um being requested by the applicant so that this you know property can look have an aesthetic or a look that isn't tip that is above I guess more aesthetically pleasing than what potentially a typical industrial site could be. So right now are you being is are you being asked to approve these narrow buffer zones? >> Are you actually being asked to approve this? So in this in this existing public hearing the one that is on the table for the PUD that is a part of that that decision and this is a recommendation from the planning commission that would go to the city council for their approval. So if it if it's approved tonight, the city council has to reapprove it or affirm it in a different meeting. So whatever happens tonight can be undone or affirmed by the city council next Tuesday, I believe, if it's on the agenda. I haven't seen the agenda. >> So um any other public input? Anybody who wishes to speak to the request from the developer for a >> yes me >> PUD initials >> brand 28365 Rochester Boulevard um I just want to reiterate that a 200 foot set back is not acceptable. It's not enough. Um, from what I understand, the noise level would be is if you're 200 ft away from Highway 52 with traffic running heavy all day long. And they want to put that noise level 200 ft from my property line. That's all here 24 hours a day as long as I live there. 200 ft is not an acceptable distance for noise. Probably not lighting either. Yeah, >> it's not enough. You put that in there, that drives me out. It's not enough. Maybe some of you individuals live on the highway. I don't. Not 200 ft away. That's noisy. It's too noisy. >> Am I able to ask Brand a question or do I have to wait till we get to the next section? What did Randolph Township do with you? Like, did they notify you? Did you Were you part of any of their meetings? Did they >> I heard through a rumor and they basically rolled over because they figured it was too big to handle. >> That's true. >> They did they have a public meeting on any of this for you guys to attend? >> Not one. >> Not that I'm aware of. >> Not one. >> You know, if if I was reading the beacon every week, you know, was there something in there? It sounds like not. But when I went in there finally to talk to them, some of them were my neighbors. They basically said it's too big for them to handle. They don't have the budget and they rolled over. >> So I I >> It sounds like they got 2500 bucks. >> I talked to the planning or the person in charge of the township at the open house and they they thought it was a fantastic idea just for the record. So, well, that's not exactly what was expressed to me, but they had a lot longer to digest it because they kept it secret for a long time. And they obviously found it was a lot easier to roll over and let it happen then try and deal with it. So, but 200 ft, it's not acceptable. So, maybe you live in an apartment. I don't know. Maybe you live out in the country. I don't know. I did live out in the country, but now there's a data park going in my backyard and it's going to be 200 feet away from me making noise 24 hours a day. It's not an acceptable buffer. That's all I got. Thanks. >> And and I think just a correction, I think it says adjacent to residential uses 250 ft, which really is not much different. >> Still unacceptable. >> Yeah. Other public input? Any other public input? Um, then we will declare public hearing closed at 9:05. Commissioners, and can I just ask, is this part of the PUD or is this something different? >> That that's the PUD. Yeah, that's the >> this is the PUD. >> Those are the lists of the standards in the PUD. Okay. So just just to make sure I guess just to clarify I guess the words it was fantastic did not come out of that man's mouth. He just did not have anything negative to say about it. So I don't want to be mischaracterized there. But when I talked to the planning or the commissioner or whoever in charge of Randolph Township, they did not have anything negative to say per my recollection. Um, and I will reiterate what I said in the work session that I wanted the all buildings exempt from any existing future city requirement to install roof mounted solar to be I think rewritten and say could be negotiated. Um, I'm not sure why maximum building height for accessory buildings should be 50 ft instead of 45. Um, what what is the fence height in the industrial I2 zone? The normal perimeter fencing is it 7T? The increase can be six feet. >> Six feet is normal. >> Yep. If you're above that in industrial, you would need permanent. >> Okay. Because they they again they want maximum fence height 7 ft. Not the 14 ft security fence. But I thought if you put that on the outskirts of the property, that kind of takes away from the beauty of a buffer zone. And that's just for clarity. Their official application is to move that security fence to the inside of the natural book. That is >> correct. But that they also requested a 7 foot fence that could be on the actual propert. >> Right. And as far as I know, I know we have some people that are over 7 ft, but for most of us, it would be kind of hard to see the beauty of the trees in the buffer zone behind 7 foot. And there are architectural styles or designs in incorporated into that style of fencing as well. It's not just a solid wall fence. But and this is part of the reason why I feel like we're not even at the stage where we should be looking at this tonight because I think there still needs to be lots more. you know, if we are going to move forward to that with this, this is one of those crucial things that, you know, if there is that great concern about we need even a greater buffer zone with residential, then I would think we'd need to look into that before we can approve or recommend to the city council of PUD. Just my opinion. Other commissioner thoughts, >> I guess. What do what do you think we're going to find out before we recommend to council that 250 is not enough or how how are we going to determine that? I mean I see what you're getting at. I just don't know how we can >> I mean I didn't somebody I think mention Rosemont had like 2,000 foot setback and I thought that 600 to,200 ft is what I wrote down. >> Yeah. Okay. >> Yeah. Yeah. And I as I say these are all the kind of things where we get you know a pile of documents to look at and it is it is a bit overwhelming and and yes I actually do try to read everything. Um and I try to ask questions to try to figure out if I can even understand what I'm reading. Um but numbers I'm fairly good at so those are just some of my concerns. Um, I guess I'm just going to I'll address Joyce. She had some questions, I guess. Um, I I believe as I understood it, what Mr. Drew Roach indicated was that there was a proposal for that Senate and House bill. Um, it did I my understanding is from what he said, it had not passed or was tabled or something like that. So, it is not a law yet. It's just something to be thought about at legislature. Um, as far as the MPCA goes and the noise and every time they fire those up, John, you can correct me. I feel like this is a quiz, but I I I feel like if they're not meeting MPCA noise levels, then the conditional conditional use permits not met and therefore pulled and they cannot operate anymore. >> That that is correct. There are our conditional use permit conditions not only reflect our ordinance standards but ordinance standards or statutory standards of the state and I believe like MPCA DNR utilities commission we listed a lot of those agencies >> but is there actually going to be any enforcement for that that's the problem we have with regulations all over the country we have regulations but there's no enforcement nothing actually ever gets done. It just has to record. >> And we're technically not public input right now. Sorry. >> Okay. All right. >> Thank you. >> So, I guess as as I've indicated, I am again comfortable with the homework our city staff has done. At this point, I'm waiting to see if the benefits to the community outweigh the benefits of what tract is bringing or taking, if you will. Um, so I will continue to move forward until I till the rubber meets the road, I guess. So, I would recommend this or motion this to approve this. >> Is there comments? I I think in regards to the generators because it was brought up in terms of noise. I know the meeting we had prior this one um track identified that they'll be working with an entity that's going to essentially look at those in terms of you know how they can mitigate that noise because to your point John they have restrictions that they have to abide by right otherwise it's null and void. Um, and in terms of how they're going to run those generators, aside from if they actually had to turn them on in the event that they lost power, those generators, from what we've been told, right, is that they would test them once a month and not all at once, right? Once a month for about a minute or so, make sure it's going to work when they need it to work, shut it off, right? So, again, right, like that's what we've been told. That's what we can go on. That's what we can essentially vet out in terms of what we feel is most appropriate. So, I share the concerns. I don't know, you know, what decimal readings a data center would be emitting 24/7. Um, and so, you know, perhaps that's a a question that we should be asking in terms of, you know, aside from testing generators, what is the 24/7, you know, noise, whether it's a a hum, a buzz, what does that sound like? So that way we can better gauge right is is 250 ft appropriate to mitigate that noise. I'll I'll once again with the diesel generators um if I'm not mistaken and tracked can certainly uh pipe in here. Um are these not for emergency use only? Um, so and if there's an emergency, these are not, and maybe I'm wrong on this, these are not to run the data center. You don't have that many generators on >> on site. You you you do have enough diesel generators to power that unit. 65 69 >> kilowatts. >> There we go. Yes. The the purpose of the emer backup emergency generators is to run the data center if the power primary power is down. >> How how long could they maintain that until power is restored >> or would it be in I mean could they go on for weeks? I >> I think I mean if if power is down for weeks there's you're you're going to want Right. So um so there ideally it's just a you know a short amount of time while power is down for whatever other reason power is down >> because based off what you had shared earlier the expectation is the data that this center would house would be live data that health and um healthcare companies or law enforcement whoever like that that's data that can't go down meaning that facility cannot be turned off >> first responders etc. Yes. Other comments watch >> I just need to ask is this a PUD is this a concept approval or is this a direct approval? This is this just to get everything started for a PUD or is this >> because I'm looking I'm looking at what we have has number five in this one. It says effective concept approval. PUD concept approval only provides direction for the applicant to proceed to a PUD developing development stage submission. Concept plan approval does not convey any development rights or privileges to the applicants. >> It's concept and development. >> So it's concept and development. So then if you file that to development stage, development stage submissions shall depict and outline the proposed implementation of the PUD general concept stage. information from the general concept stage may be included for background and to provide a basis for the submitted plan. So what that's asking is that we need we have more information just like we were talking about that we need before we can make a decision on this directly. There's a lot of things we need to know in the con even before we get to the non-concept PUD when we get to the direct PUD. There's a lot of things we should probably be checking before we get to that point. And I guess we could do it through the concept PUD, you know, just to get that program process started because it sounds to me like nothing will happen with with this particular approval. It just basically allows them to think that we can proceed, but if we decide that we can't because of whatever area, it pretty well stops until we get the answers we need. Is that right? I I believe the next hearing with the variances kind of also touch on that that because project like this would have approvals that would you know typically fall within a one-year time frame and this is going to extend beyond that before we get to the point in which we can actually make those evaluations. um because we may not we don't have certainty as to how the site is going to be fully developed and fully built out without those site plans which are going to be based on uh end users. So it's it is to the point where we are not we're not meeting the the standards that we typically would have for a normal development. But because of the nature of this development and how it's going to take so long to get to the point where we can gather that information, that's why the recommendation was for the approval of this for concept and development at this time. There still are final PED plans that would need to be um reached and approved um but those would be conditioned upon the variances of the next section. So we could be talking a few years to get to final. >> Don't believe that for final PUD plan. I don't believe that is the expectation of the developer. The site plan development yes could take beyond a year. Now that it's clear as mud, are we ready to Okay. Uh we have before us uh planning commission 2025-09 track plan unit development phase one would entertain a motion to either adopt this or deny approve it or deny it. >> I've already made a motion to approve. Sorry it was a little premature but that's my motion. Uh motion to uh approve from Novach. Is there a second? >> I vote nay. >> Uh this minute. If there is no second, then the motion dies. >> Okay. >> Do we enter entertain a motion to deny? I I know usually you give us both, but I know this there's not one in our pack or deal in terms of approval or reject, but we'd also ask state reasons for our recommendation. Need the findings of facts to incorporate be incorporated for your reasons for deny denying that the >> I make I make an a motion. I deny. And the reason I deny is because I don't think that we have enough information to proceed with the PUDS, even the preliminary or concept one, until we can answer some questions that were brought up this evening. >> Chair Johnson, if I could recommend to make the record clear, um if it appears that the uh Commissioner Nobach motion failed for lack of a second, um there appears to be a second motion. um you need to recognize uh a second to that motion and then discussion on the findings the grounds for that motion. So I hold those comments until you have to second. >> Okay. >> Then the findings. >> Okay. >> So we will have Douglas moves to deny the uh application. Is there a second to the motion to deny? >> Second. Is that Fox? So now, now that we have the motion before us, now we have to state the facts of why we would not approve. >> Yes. Uh your findings essentially your reasons for uh recommending that the council not approve the request for the PUB. And I think uh Brian said one reason is that >> we were not we did not have all the information we felt we needed to make an informed decision. >> Correct. for finding the fact I guess we I mean do you >> do we know that it's going to the second's going to pass or do you have to vote on it first and then say why it failed or passed I guess >> that make sense >> I think the elements of the discussion are valid since there's a motion in the second we can discuss that >> oh okay if it is approved if the motion. Normally, we just go right to the vote. So, yeah, I >> you know, you can you have the motion, then you have discussion before you move. >> Uh other reasons why we feel that we can't prove this tonight. >> Madam Chair, if I may Jake Stewen, >> can you hear me now? All right. Thank you, Madam Chair. Uh Jake scene with Lark and Hoffman. If I may, it sounds like there's uh some additional information that you would like and uh I think you know we have this is not the first time. Uh this is probably not the fifth time we've been here. We've been here many times before you. Uh we've worked on this for uh over 10 months. Uh and we'd like an opportunity to provide the additional information that you are seeking. Uh admittedly this once the annexation has gone through uh this has been a quick pace and it sounds like there's a lot of additional information that you would like to see and we uh would respectfully request rather than a denial a continuence uh to return to you with some additional information that would be helpful uh to try to answer some of those questions. >> And how what do you perceive as that additional information? What I'm perceiving is we've just had a whole lot of people give input as to what they feel is the situation. We need they need because this is canon Falls. They do need to have some answers that either will alleviate their fears of what's going to happen or explain to them in better terms as to why this would be a benefit to them. >> Certainly. Well, and what we did here is uh we'd like some additional tax information. We'd like to nail down some details on the development agreement which we are uh uh underway on on negotiating and and certainly working through uh so we can continue to work on on preparing that information for the planning commission. Uh a lot of the information and a lot of the comments that you heard tonight were addressed at length through the AY process. uh all of the environmental details and water details, but we can continue to provide additional information uh and work with uh the city's engineering consultants to highlight uh where that has been studied and addressed uh through the city's consultants. >> Okay. And I get that. But what I think needs to happen is you need to address what they said, what they were asking, you know, like is the water going to disappear from my well? Sure. You know, is that the situation? Can you explain why it won't? I mean, yes, you have the water, but that's the thing. I think we got to get our constituencies. >> So, sir, Commissioner Douglas, the water study that we did and we address and the question that was asked earlier and we addressed was that we would not exceed an allocation that would based on the appropriation we have with the DNR would impact anybody else's wealth. that was the that that is the connection point between the work that we did in the study to what we're evaluating in the usage. So yes, you have not seen the development agreement terms and what they're asking for. I would assure you that it was addressed tonight and what they they've said that that 44 million number is at this at this stage what they're asking. That is not yet what we've, you know, finalized with them, but 44 million gallons a year fits within the appropriation that we have with our existing permit with the DNR. And that based on the opinion of the DNR and a conversation that Bill and I both had, we can attest to this. It the answer was that would not impact anybody within this municipality or surrounding region. >> Okay. So let me in instead of denying it outright, would we be willing to just ask for continuation as we put together or and realizing of course city council's do? >> I mean ours is older right now. >> How does I guess can can you guys explain how continuation works just for please? Yeah, you can choose to postpone an item um selecting the time in which the next meeting that you're going to address that issue. So giving a giving you the time to gather more information be have that presented at that time um and then be able to finalize and make your decision at that at that later date. So postponement just to clarif correct me is they specifically state the time the next the next regular meeting or the next meeting in which they're going to address these. >> Does that require also another uh public hearing >> the No. So, uh, we do have a motion to deny. Um, >> did you want to say? >> Yes. Before you, do you have a motion to deny and a second? So, >> we can withdraw that. Yes. >> Instead, >> go to >> table. >> table. Is that correct? Is to table until the next meeting or >> that would be sufficient. But we can do you know it what's what's your pleasure motion making second >> I would say at this point um a continuation right and we can discuss in terms of what we feel is lacking in order to make you know a decision that we feel aren't being rushed right so whether that's concerns on on the water usage which it sounds as though we we we addressed tonight or the noise I think that's in my opinion I'd be much more comfortable I don't want to flat out deny it, right? I don't want to be shortsighted, but I I'm not to the point yet to move it forward. >> Will you wait a second? Yes. Okay. What do you think, Jess? H um uh I think it I mean we're in a tough spot here, right? I mean there's a lot of people that make some very good points from the audience, right? Um I'm not on the council. Um I'm on the planning commission. Um, and ultimately I don't have uh to say right. Council will make that final determination on whether or not this goes forward. Um um the group feels as though um at least I'm getting this um is that we should probably I'll withdraw the second so that we can go over this again next month if that's what we want to do. I mean >> and then it comes to you if you want to If it means we can get something more concrete heading to the future. If you don't then we have the next meeting. So I will go with the postponement at this time. >> Okay. So you withdraw the motion. >> I withdraw the motion. >> Okay. So the motion had the second has been withdrawn. The motion has been withdrawn. Would someone like to make a motion to table um 2025-09 until the next schedule >> or a continuation until the next >> continuation until the next scheduled meeting of the planning commission? Yeah. >> Move to make a motion to move uh for a continuation. >> Moves to continue to the next planning commission regular planning commission meeting. Is there a second? >> Second. >> Second by knots. Further discussion. All in favor say I. >> I. >> Oppose. Nate. >> Nate. >> It has 41. >> Okay. Am I allowed to add on to anything in that discussion issue? I I guess one of the things I would like to see when you guys do come back is I've been talking about tangible benefits. Um, and I mentioned it in the the uh work uh work group. Uh, you know, as a citizen, and I get that I'm not part of the school board or anything like that. I would like to see what benefits there are to the school here because as I understand it, the schools received zero at this point in time. So, that would be appreciated in that continuation. >> Okay. Uh, two more to go. >> Okay. So, chair, just for clarity, because with the continuation of the previous item, the others are contingent upon that, but we do, you know, have people here. Hopefully, they've came here to speak to the other two uh public hearing items. There's posting requirements for that. So we can absolutely take and execute the public hearings. Put those upon the record and then we can continue the decision do a continuence again for both the last two items as well. So you don't have to feel like we're voting for something or voting against something. >> Okay. >> You can continue that discussion. >> Thank you for that clarification. Uh so the next uh public do you want to Okay. Now we're on the variances to certain provisions of the final plan stage. Uh this um do you want to say anything Izzy or John more than we've already said >> cuz my computer ran out of battery? Could you just uh please like detail which what the variances are? >> Yep. So the variances um within this memo. So, track is seeking to defer submission of the final architectural drawings until the site plan review stage um for each phase of development. They are also seeking to defer the submission of the final engineering plans um and the plans for the specifications for streets, drainage, utilities, and other public improvements um until the site plan review stage for each phase. Um and finally, uh they are looking to extend the one-year construction commencement requirement to accommodate the long-term buildout phase, um of this development. So, construction shall be deemed to have commenced upon the city's initiation of construction of public improvements which are designed by and paid for by the applicant. Specifically, tracked will completely design will complete and design funding of the city's construction of public water and sanitary sewer improvements within four years from the date of the final plan approval. Um, this is a coordinated effort between the applicant and the city. >> Thank you, Lizzie. Well, I will open the public hearing on what Izzy just read at 9:33. Would anybody like to speak to this? And now realizing that the only vote will be a continuence uh from us would be a continuence. >> Anybody like to go ahead say something? >> Yeah. Chair Johnson, I have received a letter while we've been in this meeting. Um, if it's okay if I read that from a community member. >> Okay. So, um, this is from Emily Shoenfelder. Um, she states, "Data centers are known for their extremely high water usage, especially those that rely on evaporative cooling systems in a time when many communities across the country, including our own, are grappling with water scarcity, diverting millions of gallons of water annually to cool servers is not only unsustainable, it is irresponsible. Our region cannot afford to compromise drinking water supplies, irrigation systems, and natural ecosystems to accommodate a project that provides minimal direct benefit to local residents. Equally alarming is the fact that the proposed site sits on sits on or near fertile agricultural land that has long supported local farming and food production. Converting this land for industrial purposes threatens the viability of family farms, reduces food security, and undermines the agricultural heritage and economy of our community. Once farmland is paved over, it is lost forever. Are we willing to trade the irreplaceable natural resources and farmland for a facility that provides few local jobs, limited economic return, and ongoing environmental risks? Couple that with light and noise pollutions for the existing residents and taxpayers. I urge you to reject this proposal. Our water, our farms, and our future are too important to be sacrificed for short-term corporate interests. Canon Falls and the surrounding areas have too little to gain and too much to lose. Thank you for your attention to this matter. Your residents and taxpayers do not want or support this project. Again, this was from Emily Shoenfelder. Thank you. >> Thank you. Anyone else? >> We truly will try to keep Oh, yeah. We'll keep it three minutes if possible. >> I just have a quick one and that is if you want to know a lot about noise, check out what happened with the windmills that went in all around Minnesota and the fact that even though you don't really think windmills should make any noise, how they drove people out and the various problems that happened to those. And I do have a couple names here for you. And uh also for the DNR, I'm very concerned about the fact you have no recharge area and the water is just going to go down um down the drain. So it's okay. I'll pass this to you. Don't lie back. Um just thinking about because of you know talking about being so far out and somebody had mentioned that being that far out we'd be so far into this that you couldn't back out and that seems very likely to be happening if we move forward with this. So if you would choose to move out then they're going to come back and they're going to sue. Is there anything that they can put in writing that guarantees if at any point along this line that they back out that there can be no lawsuit against the city town, no compensation that they get back for the monies that they put in? It's like they're they're getting putting in money, but they're taking virtually no risks. Our community is, and that's not right. They also talked about a nuance in their writing when they were talking about the chillers on top of on top of the buildings and the you know not having any of the solar panels or whatever in there. So I don't quite understand that because it seems like with push of solar panels that that's the energy that's being touted and you know needed. So why aren't they going through to try to find ways to utilize that? Maybe it's not sitting next to the chiller, but why wouldn't they be doing some design in there that refurbishes their electricity rather than drawing other electricity and that kind of stuff? That that doesn't quite make sense to me. I don't know. Um I'm just a simple retired housewife and I don't know a whole lot, but these have a lot of bad tastes in my mouth. So, thank you. Any other public wishing to resp speak at the public hearing hearing? None. Um close public hearing at 9:38. It appears that our we can comment on this if we'd like or we could just move to continue until the next >> you you would need you' go through your discussion and everything at the next meeting >> as well. So unless anybody wants to have further discussion right now on this, I would entertain a motion to continue 2510 approving the variances until the next scheduled meeting of the planning commission. Would somebody like to make that motion? move to a continuation to the next meeting. >> Fox moves to for continue until the next scheduled meeting. Is there a second? >> Second. >> Brian seconds. Further discussion. >> I guess I'm just going to vote yay cuz name means I mean means nothing. I'm going to vote yes just to move this thing along. >> Okay. >> So, >> all in favor signify by saying yes. I >> yes I >> opposed. A so we are now come to the last item on the agenda tonight. Uh request from track for a preliminary plat to create two developable lots as well as an outlet that will be dedicated the city for construction of a water storage tower and to facilitate preliminary design and construction of offsite water and waste water utilities needed to serve the site. any or and this one really can't be approved without the other two. >> Curious probably could be. >> Yeah. >> Yeah. The variances were definitely connected to the AUD standards. the plat pre plumary plat I will I guess I will make the comment we understand again back to our conversations that our ordinances state you know that there's certain expectations for completion of a of a plat that those can't be met at this time but this is a very simple um in terms of preliminary plats go we had hardwood estates recently but this one is very simple in terms there are two lots. Um we know the infrastructure that would need to be brought to the lot and then the outlot for the water tower would be um available to us. So just want to don't want to speak that this is you know fully complete. We acknowledge that that was you know part of our opinions but we do feel it's it's viable at this point to move it forward as a preliminary plat. So, we will open the public hearing at 9:41. >> Yeah. >> Are we talking about one data center or two? >> Two lots. >> Are they going to build data center across both lots? >> Oh, we're not supposed to count it. >> I'm sorry. Would you? So it I don't know if you were part of the presentation that was presented earlier. The data center isn't just one sole building. It could be a combination of multiple primary structures with that. That was also part of the preliminary um or excuse me the PUD planning that they could have multiple various primary structures that would serve as data centers. So they could, if this is split into two, it could be marketed as um one lot to sell to one end user, another lot to sell to another user or it could be marketed to sell to one whole end user who would build multiple uh you know multiple buildings on those would have the authority to build multiple buildings on that that site with the various approvals. So it is it >> I was here for the presentation but I can't absorb that much information >> okay >> that quickly >> okay >> as you might understand >> so not so so understanding based on the concepts that it isn't just one building like the two lots themselves are not just dedicating an entirely a building they're dedicating entire development of that lot >> well then my comment will be to absorb this much information as a citizen who wants to participate in his future. Even though it's I'm old, I'm still interested in the future. I still think there should be a public display and information session where a question is asked and track and their lawyers because they're here every single meeting the lawyers representing them answer the question so multiple people can hear the answers that has been missing in this whole process. They had uh boards set up so that all of us could go in and ask a question and then I went to that meeting and and but no one else could hear the answer to that question. >> Name name and address. >> Mike Boozel Meyer 6658 296th Street East Cannon Falls, Minnesota 55009. I'm sorry. Um, I would like to suggest that as a matter of public interest that meeting occur. I think you'll fill an auditorium. Other public input thinking nobody wants to go home and find out what the Vikings are doing, huh? just >> brand val 28365 Rochester Boulevard um Brand Township. Um so it it sounds like there there's a lot of pushing maybe that's coming over here because they have a lot of information that you don't have the same information that I don't have. Um but you maybe have a little more and maybe haven't had enough time to go through it. Um the water tower is new to me. Water tank, not water tower. Um, again, set back. That's in That's actually in, according to drawings that were flashed up there pretty quickly, that's in the buffer zone, a water tower in the little narrow 250 ft strip. Now, there's a water tower compromising the buffer zone. There's a lot of missing details here that everybody doesn't understand. And maybe in the end it'll work out, but putting your faith in somebody else's hands that doesn't represent our community to say that, oh, it sounds like maybe it'll work out. There's a big open-ended plan. It's like it's like we're we're being asked to approve a bunch of things in good faith, but we don't know what those things are yet. like this last one. Well, you can probably vote yes on it if you want to, but technically it doesn't follow our plan. Seems like you're being asked to follow their plan, not them follow your plan. So, in particular, the water tower in the in the buffer zone. That doesn't even make sense. I mean, that's one detail of so many details. So, that's all I got. Thanks. >> Thank you. >> Anyone else for input at the would like to speak at the public hearing? >> My name is an Ann Bezich Boozeler. address is 6658-296th Street East, Canon Falls, Minnesota. Oh, so much information tonight. And I'm just thinking that there's so many decisions that have to be made and they have to be made so quickly and there's so much information that I feel like this is just really a run rate a one a runaway train at this time. There was a meeting where the city administrator told the city council members that they would need to review a lot of information and make decisions quickly to meet the aggressive timeline. Nobody should be rushing this process. This affects the citizens, our environment, the community, our future. I think a moratorum should be called. This needs to be slowed down. Citizens need to be given a forum where they can ask questions and talk longer than three minutes. People need to know how the citizens feel. Thank you. >> Anyone else wish to speak? Jerry Nelson, Ken Falls, uh 3440 County 14 Boulevard, Can Falls. So, appreciate everyone's time here tonight. Um I know there's a lot of questions and decisions to be made. Um, a lot of people have done a lot of work, but obviously everyone sitting up there has some type of thought process through their head that they don't have enough information, right? We've heard it multiple times. I can stand in the back and we we just don't know. So, to piggyback on Ann's um statement, what is the rush? Is it on the city's timeline or someone else's timeline? My opinion would be that we hold on, we get the correct information, we listen to the voices of the people, and we do the right thing. Thank you. >> Thank you. >> Anyone else wish to speak? Now we will close public hearing 9:49 move on to any discussion from commissioners. >> Uh I guess I just want to before the night's done if I could if Janelle if you want to stick around so I can chat with you quick and then Brandt to you as well if I could just chat with you. I just have some questions for both you two being Randolph Township folks. and and I would bow to our attorney and our city administrator and saying uh perhaps best just to continue this until the next that >> yeah I think if the concern is not having enough information like if there's anything related to the pulmonary flap that would be subject to it I So through that, >> would someone like to make a motion to continue planning commission 25 2025-10? No, I'm on the wrong one. Well, whatever this one is must be 25 2025-11, right? um to the next regular scheduled meeting of the planning commission. >> I make a motion. >> Second. >> All in favor or further discussion? >> All in favor? I >> I made so moved. Um, and I before we adjourn, I would just like to thank everyone for your patience and especially u obviously we did not need three police officers here tonight which is always wonderful uh because we are indeed a a community of respect and hopefully we will be respectful of a lot of different opinions and thoughts on this. So thank you all very much. >> Diane, can I add on to that quick? I do I do just want to say a comment. Thanks for being civil. You know that I went through a meeting similar to this as the the go-kart racing for the racetrack and stuff and just happy. I mean it went very similar. Everybody was very civil. So we really appreciate that. Thank you. >> Thank you. Motion to adjourn. >> So moved. >> So moved. Second. Second. >> Second. All in favor? I think move.