City Council Resolution 2026-27 (EAW Response - Tech Park with letter)CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL
RESOLUTION NO. 2026-27
A RESOLUTION ON EXEMPTION REGARDING CITIZEN PETITION FOR AN ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) FOR MONTICELLO TECH/MONTICELLO INDUSTRIAL 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 area identified in the petition as the Monticello Tech/Monticello
Industrial Park Project ("Monticello Tech") (approximately 505 acres) and the development
scope described therein have already undergone a comprehensive environmental review via
the Alternative Urban Areawide Review (AUAR) process; and
WHEREAS, Minn. R. 4410.3610, subp. 1, permits a local unit of government to use an
AUAR instead of an EAW to review anticipated residential, commercial, warehousing, and light
industrial development and associated infrastructure in a particular geographic area within its
jurisdiction as a valid substitute form of environmental review to the standard EAW; and
WHEREAS, the City Council of Monticello previously reviewed the Draft AUAR,
responded to public and agency comments, and officially approved and adopted the Final AUAR
and the associated Mitigation Plan for the Monticello Industrial Area via Resolution 2026-02 on
January 26, 2026; and
WHEREAS, the adopted Final AUAR analyzed a "worst -case scenario" for development and
comprehensively evaluated environmental impacts, including traffic and transportation, water
resources, cultural resources, and cumulative potential effects; and
WHEREAS, to date no specific project proposal or application has been submitted to the
City regarding the use or development of the Monticello Tech site, and the AUAR process is
designed to evaluate the impacts of a scenario rather than a specific building permit
application. Any future specific project must comply with the conditions of the adopted
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Mitigation Plan; and
WHEREAS, the AUAR process includes built-in safeguards for future development. Per
Minn. R. 4410.3610, subp. 7, the AUAR must be updated if specific future project proposals
exceed the development assumptions or impact thresholds studied in the adopted AUAR; and
WHEREAS, if a specific project proposal exceeds the development assumptions or
impacts studied in the adopted AUAR, the City will utilize the update procedures under Minn. R.
4410.3610, subp. 7, rather than the EAW petition process. Furthermore, the AUAR must be
updated every five years until full build -out. These mechanisms ensure continued
environmental oversight without the need for an EAW at this time; and
WHEREAS, pursuant to Minnesota Rules 4410.3600, subp. 2, projects reviewed under an
accepted alternative review procedure, such as an AUAR, are exempt from environmental
review under parts 4410.1100 to 4410.1700 (the EAW petition process); and
WHEREAS, pursuant to Minnesota Rules 4410.3610, subp. 2.A, specific residential,
commercial, warehousing, and light industrial development projects within the boundaries of
an adopted AUAR are exempt from environmental review so long as the project complies with
the conditions of the adopted Mitigation Plan; and
WHEREAS, the City of Monticello reviewed the petition and applicable state regulations
and have determined Monticello Tech is exempt from conducting the requested EAW on the
grounds that the necessary environmental review has already been completed and adopted.
NOW THEREFORE, BE IT RESOLVED by the City Council of Monticello, Minnesota:
1. Exemption. The City Council hereby affirms Monticello Tech is exempt from conducting an
EAW as requested in the petition for an EAW for Monticello Tech received on March 9,
2026, because the environmental review for the subject area has already been completed
and adopted via the AUAR process.
2. Findings of Fact. The City Council adopts the findings in the letter attached hereto as
Exhibit A in support of this exemption, including but not limited to the following:
a. The City exercised its legal authority under Minn. R. 4410.3610 to use the AUAR
process.
b. The Final AUAR and Mitigation Plan were adopted on January 26, 2026, more than
a month prior to the receipt of the petition.
c. The project is exempt from the standard EAW petition process under Minn. R.
4410.3600, subp. 2 and Minn. R. 4410.3610, subp. 2.A.
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d. Future specific projects within the AUAR boundary are subject to the safeguards
and update procedures outlined in Minn. R. 4410.3610, subp. 7, rather than the
EAW petition process.
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.
Adopted by the City Council of the City of Monticello, Minnesota this 13t" day of April,
2026.
MONTICELLO CITY COUNCIL
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ATTEST:
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EXHIBIT A
April 14, 2026
Petitioner's Representative
Andrew S opher
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 of Decision — Exemption from EAW Requested in Petition for an Environmental
Assessment Worksheet (EAW) regarding Monticello Tech, LLC.
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 Monticello
Tech/Monticello Industrial Park ("Monticello Tech"). 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 of Decision regarding the citizen petition for an
Environmental Assessment Worksheet (EAW) regarding Monticello Tech. 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 project area is exempt from environmental review. The City's decision is
based on the following Findings of Fact and Conclusions of Law below.
Findings of Fact
1. Prior Completion of Environmental Review: The geographic area and development
scope identified in the petition as Monticello Tech (approximately 505 acres) has already
undergone comprehensive environmental review via the Alternative Urban Areawide
Review (AUAR) process. This process serves as a substitute form of environmental review
to the standard EAW and EIS process.
2. Adoption of the Final AUAR: On January 26, 2026, the City Council of Monticello
officially approved and adopted the Final AUAR and the associated Mitigation Plan via
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Resolution 2026-02.
3. Timing: The Final AUAR and Mitigation Plan were adopted more than a month prior to the
City's receipt of the petition for an EAW on March 9, 2026.
4. Scope of Analysis Already Completed: The adopted Final AUAR analyzed a "worst -case
scenario" development scenario and comprehensively analyzed the environmental impacts
raised under such a scenario, including but not limited to:
• Traffic and Transportation: A full analysis of intersection capacity and safety.
• Water Resources: Analysis of water appropriation, wastewater, and stormwater
management.
• Cumulative Potential Effects: An evaluation of how this project interacts with other
regional developments.
5. Future Environmental Protections: The AUAR process is designed to evaluate the
impacts of a scenario rather than a specific building permit application. Any future specific
project must comply with the conditions of the adopted Mitigation Plan. Moreover, the
AUAR process includes built-in safeguards for future development. Per Minn. R.
4410.3610, subp. 7, the AUAR must be updated if specific future project proposals exceed
the development assumptions or impact thresholds studied in the adopted AUAR. If a
specific project proposal exceeds the development assumptions or impacts studied in the
adopted AUAR, the City will utilize the update procedures under Minn. R. 4410.3610, subp.
7, rather than the EAW petition process. Furthermore, the AUAR must be updated every
five years until full build -out. These mechanisms ensure continued environmental oversight
without the need for an EAW at this time.
Legal Basis for Exemption
The exemption is grounded in the Minnesota Environmental Policy Act (MEPA) rules, which
prevent duplicative environmental reviews once an alternative review process is complete.
Authority to Use Alternative Review: Minnesota Rules 4410.3610, subp. 1, governs the AUAR
process and explicitly states:
A local unit of government may use the procedures of this part instead of the
procedures of parts 4410.1100 to 4410.1700... to review anticipated residential,
commercial, warehousing, and light industrial development and associated
infrastructure in a particular geographic area within its jurisdiction...
By adopting Resolution 2026-02, the City exercised its legal authority to use the AUAR process
instead of the standard EAW petition process outlined in part 4410.1100. Because the City has
already completed and adopted the environmental review for this specific geographic area under
Rule 4410.3610, the petition requesting an EAW under Rule 4410.1100 is legally inapplicable. The
environmental review for this area is complete.
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Exemption from EAW Petitions: Minn. R. 4410.3600, subp. 2 states:
If the EQB Exemption from EAW Petitions accepts a governmental unit's process as
an adequate alternative review procedure, projects reviewed under that alternative
review procedure shall be exempt from environmental review under parts 4410.1100
to 4410.1700...
Because the AUAR process is an EQB-accepted alternative, the standard EAW petition process
(governed by parts 4410.1100) does not apply to this project now that the AUAR is adopted.
Exemption of Specific Projects: Upon completion of the AUAR review, specific development
projects within the boundaries that are consistent with the development assumptions and mitigation
plan are exempt from review under parts 4410.1100 (the petition process). Minn. R. 4410.3610,
subp. 2.A clarifies "residential, commercial, warehousing, and light industrial development projects
and associated infrastructure within the boundaries" of an AUAR "are exempt from review under
parts 4410.1100 to 4410.1700 ... as long as the approval and construction of the project complies
with the conditions of the plan for mitigation..." Since the AUAR was adopted via Resolution
2026-02 on January 26, 2026, specific development projects within the boundaries that are
consistent with the Mitigation Plan are legally exempt from the EAW petition process.
Conclusion
The City officially adopted the Final AUAR and Mitigation Plan via Resolution 2026-02 on January
26, 2026. This action completed the necessary environmental review for the subject area satisfying
the requirements of MEPA. Consequently, the project is exempt from the standard EAW petition
process under Minnesota Rules. The AUAR serves as the valid, completed substitute form of
environmental review for this area. Therefore, based on the adoption of the AUAR, the project is
exempt from conducting an EAW as requested in the petition by the City on March 9, 2026.
Sincerely,
Rachel Leonard
City Administrator
City of Monticello
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