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City Council Resolution 2026-28 (EAW Response - Scannell with letter)CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2026-28 A RESOLUTION TO HOLD ON RENDERING A DETERMINATION REGARDING CITIZEN PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR SCANNELL TECHNOLOGY PARK WHEREAS, on March 9, 2026, the Minnesota Environmental Quality Board (EQB) received a citizen petition requesting the preparation of an Environmental Assessment Worksheet (EAW) for what the petition deems the "Monticello Tech LLC/Scannell Data Center Project"; and WHEREAS, on March 9, 2026, the EQB forwarded the petition to the City of Monticello (the "City"), having determined the City is the Responsible Governmental Unit (RGU) for purposes of determining the need for an EAW regarding the project described in the petition; and WHEREAS, the Monticello Tech LLC/Scannell Data Center Project, as identified in the petition, includes what is identified as the Scannell Technology Park Project (the "Scannell Site") and described as a technology park totaling approximately 1.3 million square feet, located in an approximately 106-acre area; and WHEREAS, the Scannell Site is located in Monticello Township within the Monticello Orderly Annexation Area, the Monticello Orderly Annexation Agreement specifies the City becomes the RGU upon receiving a Petition for Annexation, and the City has not received an annexation petition regarding the Scannell Site; and WHEREAS, Scannell Properties, LLC submitted an application to amend the City 's Comprehensive Plan to reguide an area of approximately 76 acres within the Scannell Site to Light Industrial Park, and the remaining approximately 30 acres of the Scannell Site are currently guided as Light Industrial Park; and WHEREAS, the City Council approved the requested amendment to the Comprehensive Plan on May 27, 2025, but on January 12, 2026, voted to re -analyze the Comprehensive Plan's land -use guide for an area that contains the Scannell Site, and directed the Planning Commission to hold a public hearing on the matter; and WHEREAS, to date no specific project proposal or application has been submitted to the City regarding the use or development of the Scannell Site, and an area containing the Scannell Site is undergoing re -analysis regarding its land -use guiding under the Comprehensive Plan; and WHEREAS, Minn. R. 4410.1100, subp. 9, provides that if an RGU "cannot act on a petition because no permit application has been filed ... the petition remains in effect for no more than one year from the date on which it is filed with the EQB"; and WHEREAS, City Staff have reviewed the petition and applicable state regulations and have determined that without a specific proposed project or application, and considering the ongoing re -analysis of the Comprehensive Plan's land -use guide for an area that contains the Scannell Site, the City is unable to act on the petition as provided in Minn. R. 4410.1100, subp. 9. NOW THEREFORE, BE IT RESOLVED by the City Council of Monticello, Minnesota: 1. Hold on Petition. The City Council hereby affirms that at this time it is unable to act on the EAW petition for the Scannell Site received on March 9, 2026. 2. Findings of Fact. The City Council adopts the findings in the letter attached hereto as Exhibit A in support of its determination that it is unable to act on the petition at this time, including but not limited to the following: a. The City is engaged in the process of re -analyzing the Comprehensive Plan's land - use guide for an area that includes the Scannell Site, and the outcome of that process could be determinative of what proposed project may be permitted at the Scannell Site. b. No specific project proposal or application has been submitted to the City regarding the Scannell Site, and any specific future use or development at the Scannell Site subject to City approval is indeterminable at this time. As such, there is insufficient information to determine whether the nature or location of a proposed project at the Scannell Site will have the potential for significant environmental effects. c. Pursuant to Minn. R. 4410.1100, subp. 9, the City is unable to act on the petition in the absence of a specific project proposal or application, therefore the petition remains in effect for no more than one year from the date it was filed with the EQB. 3. Direction to Staff. The City Administrator is directed to provide the written notification of this decision, attached hereto as Exhibit A, and resolution to the petitioner's representative, the project proposer, and the Environmental Quality Board (EQB) within five (5) working days, in accordance with Minnesota Rules 4410.1100. The City Administrator is also directed to maintain the petition on file with the City in the event a project application is received requiring action on the petition consistent with Minn. R. 4410.1100, subp. 9. Adopted by the City Council of the City of Monticello, Minnesota this 13th day of April, 2026. MONTICELLO CITY COUNCIL ATTEST: UAB z w en fifer Sc r ' er, City Clerk EXHIBIT A March , 2026 Petitioner's Representative Andrew Sopher 5944 Badger Street Monticello, MN 55362 Sarah Lerohl Environmental Review Program Minnesota Environmental Quality Board 520 Lafayette Road North St. Paul, MN 55155 sarah.lerohl@state.mn.us RE: Notice — Hold on Issuing Decision on Petition for an Environmental Assessment Worksheet (EAW) regarding Scannell Properties, LLC Projects Dear Mr. Sopher, The City of Monticello ("City") acknowledges receipt of the citizen petition requesting an Environmental Assessment Worksheet (EAW) for the development referred to as the Scannell Technology Park Project (the "Scannell Site"). The petition was received by the Environmental Quality Board (EQB) on March 9, 2026, and subsequently forwarded to the City, designated as the Responsible Governmental Unit (RGU), on the same date. This letter serves as the City's formal notice regarding the citizen petition for an Environmental Assessment Worksheet (EAW). This decision was affirmed by resolution of the City of Monticello City Council, a council that meets only on a periodic basis, on April 13, 2026. After a thorough review of the petition, the procedural history of the subject area, and applicable state regulations, the City has determined it is unable to act on the petition at this time. The City's decision is based on the following Findings of Fact and Conclusions of Law below. Findings of Fact 1. The Scannell Site identified in the petition is described as a technology park totaling approximately 1.3 million square feet, located in an approximately 106-acre area. 2. The Scannell Site is located in Monticello Township within the Monticello Orderly Annexation Area, and the City has not received an annexation petition regarding the Scannell Site. 3. Scannell Properties, LLC submitted an application to amend the City's Comprehensive Plan to reguide an area of approximately 76 acres within the Scannell Site to Light Industrial Park, and the remaining approximately 30 acres of the Scannell Site are currently guided as Light Industrial Park. 4. The City Council approved the requested amendment to the Comprehensive Plan on May 27, 2025, but on January 12, 2026, voted to re -analyze the Comprehensive Plan's land -use guide for an area that contains the Scannell Site, and directed the Planning Commission to hold a public hearing on the matter. 5. The City is engaged in the process of re -analyzing the Comprehensive Plan's land -use guide for an area that includes the Scannell Site, and the outcome of that process could be determinative of what proposed project may be permitted at the Scannell Site. As such, there is insufficient information to determine whether the nature or location of a proposed project at the Scannell Site will have the potential for significant environmental effects. 6. No specific project proposal or application has been submitted to the City regarding the Scannell Site, and any specific future use or development at the Scannell Site subject to City approval is indeterminable at this time. Ley,al Basis Minn. R. 4410.1100, subp. 9, provides that if an RGU "cannot act on a petition because no permit application has been filed ... the petition remains in effect for no more than one year from the date on which it was filed with the EQB." Here, the City is unable to act on the petition because a specific project application has not been submitted or even proposed. Also, the nature of any potential project could be determined by the current re -analysis of land -guiding for the area. Because the City is unable to act on the petition at this time, the petition will remain on file with the City, in the event a project application is received requiring action, as provided in Minn. R. 4410.1100, subp. 9, at that time. Conclusion The City has reviewed the petition and applicable state regulations and determined based on the reasons outlined above that it is unable to act on the petition at this time. The City will maintain the petition on file in the event action becomes necessary pursuant to Minn. R. 4410.1100, subp. 9. Sincerely, Rachel Leonard City Administrator City of Monticello