should be on. Yeah. our last meeting of the call to order and right hands. One nation under God, indivisible, liberty and justice. A couple things I ask. One, yourself have those issues. I appreciate that. And then as you know, when you came in, we requested to have name and address of those uh who want to speak and participate. Uh the other thing I'm going to ask um in this meeting is that we don't have pause cheering, you know, anything of that type of thing. I would appreciate that we could have an exercise and decorum that would be befitting um a public meeting like this. And uh so I would be request abide by that. uh and if not you you'll do all of it. So uh I appreciate that and we will function in that matter going forward. So first thing would be approval of minutes from the December 19th regular meeting >> second by Chris. All in favor I >> and that is moved. The first uh business that we have tonight will be the review of the resoning application and um uh you'll have the the information session. We'll have the uh board participation and then we will open it up after that for public hearing. So who's speaking to this? Uh >> we'll have Stephen start off with the reason. We're going to split the topics this evening. Okay. So, we will start out here with just kind of some background information on zoning amendments. Um how that works within our city code. um the application we have before us and then kind of the considerations that the commission has um when it comes to zoning amendments. So um I'm actually going to skip all the way down to the bottom point. Um I did not reorder these. I apologize, but the city has received um a petition for annexation um from Ryan Companies for um about 480 acres. Um all newly annexed land um into city limits is by default designated as agriculture. Um so most um annexations of this size come with reszone requests. Um we do have a reszone application um to go from a to light industrial I2. So um like I said the background city code section 11.16 governs zoning amendments. Um it lays out the considerations for um council as well as the commissioners and then the order of events um and the requirements within the application for zoning amendments. Um this is one of those items that is subject to Minnesota statute 1599. Um 1599 is what lays out the 60-day timeline for council action on applications for planning and zoning. Um so we received this application back in December. um that 60 days would put us prior to our February um council or yeah February council meeting. So that is why it is before you in January. Um planning and zoning like many other um applications hold the public hearing for zoning amendments. They make a issue a recommendation on to the city council and then city council will um have final say on this um next week. So, um there are five factors within city code section 11.16 when it comes to um considering zoning amendment applications. Uh the first is consistency with the city's comprehensive plan. Um the city's comprehensive plan does have this area um designated for future land use of um industrial. we went back um both the 2010 comprehensive plan and the 2005 comprehensive plan um has this area outlined as future land use of either commercial or industrial um so it's been pretty consistent over the last 20 years or so um I know further back some some members of prior councils and commissions have said even in the 90s future planning um had this area designated as commercial so um that is consistent uh compatibility with current and future land uses. Um I have kind of a lot more information in my memo that I issued in the packet. Um but just to kind of run through it, um PUB I1 and I2 um are the designated zoning districts for a future land use of industrial. Um so reszoning it to one of those um zoning districts is compatible with um that future land use plan. Um conformity to code standards. Um there are a handful of code standards when it comes to lot sizes and things like that um that the I2 district would apply to. um any future use. Um that's why we have a PUD in front of you is to bring all of those items up to code with um I2 or more stringent than I2. Um the reference to being able to accommodate the property with existing public services. Um there are no public services to the property. Um so that's why we have proposed um extensions of city services uh to the property um at the expense of the developer. Um and then traffic generation can be handled by streets and that are servicing the property. Um that is also why we have proposed um updates to the streets servicing the property to be able to handle the generation. the current streets do. Um, however, it would be much easier with the proposed improvements. So, moving on to kind of the idea of light industrial. Um, as you see on the screen, we have our definition um, in city code 11.51 of what light industrial is. Um, it's relatively vague. Um, the permitted uses within industrial um, are similar to this. It's light manufacturing, office space, um, warehousing, things of that sort. Um I think the idea of light industrial is um in comparison to heavy industrial, heavy industrial is focuses largely on um increased traffic um transportation hubs, large manufacturing sites, distribution centers um as well as sites that um have a lot of discharge whether it's wastewater um or air pollutants things like that. Um that is the idea behind the heavy industrial. Um like I said our city code definition is pretty vague. So that is why we looked to um the state for f further guidance. Um the environmental quality board has definition of light industrial facilities which is a subcategory of industrial land use with the primary function other than manufacturing. Um so again similar to what we're looking at here the ware more of the warehousing um not actual manufacturing of goods. um and then having less than 500 employees. So again focusing on that traffic piece of it, how much um traffic it will generate. So that is why the light industrial um designation was the most apt and then um here I just have the most recent the 2024 future land use plan. Um and then as you can see the blue um is industrial. So that is kind of the area we're looking at um along Highway 52 up to 490th has been designated as um the future land use of industrial. Well, I can take any questions that you may have and kind of go from there. >> Okay. And I guess another point that um I did put in writing on here, but um when it comes to the cities industrial zoning districts um whether it's light or heavy, neither have um listed in code setbacks or buffer zones from other districts. So like our heavy industrial doesn't have it has to be x amount of feet from residential. Same with our light industrial. It doesn't have to be x amount of feed. So even if um the proposed zoning were heavy industrial um it could still go in the same exact area. Um it >> just because it would be heavy industrial we wouldn't have to move it elsewhere. Um so that is just kind of another another piece of play here. Any thoughts, questions? Okay. Well, I'll take a motion to open up the public hearing for review of the reszone application. Second, second. All in favor is open. >> We have three individuals signed up. chairman. Um, first we have Mr. Rodney Lanners. >> I hope Northeast Minnesota and I'm here tonight out about the light industrial heavy industrial Minnesota rule you're using to classify hyperscale data center light industrial is not appropriate since hyper scale data centers are new to Minnesota state law the state rules are not taught and they're not eating plastic I sent all of you an email prior to this meeting you're a a little research on hypers scale data center. I asked you to simply Google is a hypers scale data center class industrial. If you did that you would have received a response like this. No hyperscale data centers are classified as heavy industrial due to their massive power needs large scale cooling needs extensive heat and noise large number of generators and their enormous physical size. The detrimental characteristics creates substantial environmental issues and residential incompatibility issues. Lighter industrialist is how you classify warehouse which was stated with no computers inside it or a small factory facility. The hypers scale data center is not industrial business. Why would we even consider zoning this data center as light industrial? Zoned as light industrial as a full-blown Y and a full-blown scam by Ry companies. You're being naive if you perceive that zoned as data center project as light industrial. I ask you to use some common sense and good judgment here and get it zoned correctly before proceeding. You need to follow our city ordinances instead of granting a initial use permit because of this hypers scale data center project. Everybody in this room, including you, know this project is not light industrial. Next, we have uh Lauren Simpson. Lauren Simpson, 2008 Street Southeast. Uh Ronda Santis and Bernie Sanders have something in common. Both propose building new hypers scale data centers and that a moratorum should be put in place. You all received an email yesterday that provides a template for how this project should be completed responsibly. I'm asking that you put for pause on this project and ask questions posed in that document. Our town deserves your due diligence. The proposed HUD from Ryan company asked to ask to expand permitted use of light industrial activities in it too to include data centers. Currently, data centers are excluded in city code and they should remain that way. Hypers scale data centers should not be permitted as light industrial for the following reasons. One, they are extremely massive in size. 3 million square ft of building space larger than Lindberg airport terminal. Two, hours of operation of this hypers scale data center will be 24/7. Light industrial should shut down for the evening because of proximity to residential homes. Three, vast amounts of electricity are needed about as much as a city of 500,000. In comparison, Min Minneapolis Crawford has a population of only 430,000. Four, tremendous amounts of pollution and waste. Low frequency noise pollution is real and is not even being addressed and evaluated in the PUL application. Large backup generators create significant amounts of particulate matter containing toxic air pollutants and significant amounts of noise pollution. All the servers and electronics housed in these hypers scale data centers also are a source of pollution and eventually become e-waste. Light industrial zoning does not and should not cause harm to the health, safety and quality of life of PI citizens. This hypers scale data center in its current configuration is not like industrial. Next we have Reverend David Dirkson and 340 per introduction to uh this consideration of zoning. uh they put up uh the different things to be considered and one of those things was conforms to code standards. I just want to submit to you that in your packet on page 22 it states under uses that the toe permits a range of light industrial activities in I2 but excludes heavy uses like waste treatment for high voltage transmission without conditional approval. Why that's important is we know that the high voltage means 100 kilo volts and we know these lines are going to be upgraded for XL energy to I think it's 345 too. Just applying the criteria you have set here and the code that has been explained by your city engineer. This should not qualify as a light industrial development for zoning if we're following the rules. Now, it's up to you whether you want to follow the rules or put them all again in this and give them a conditional use. That is an option there. However, please don't tell us as residents that you're just following the rules when you're not. If you do that, thank you. >> Anybody else? >> No. That concludes everyone who signed up for public comment. Motion to close public hearing. Make a motion. Second. All in favor? >> I um I know you already spoke some to the whole industrial thing. Is there anything else you want to bring in response concerning uh the issues that are brought up? >> Uh I'll make I'll make a few comments. Uh one being that the next item on the agenda is for a conditional use permit. Um, one of the articles referenced um by one of the speakers suggests that conditional use permits be used for data centers. That is typically how cities do regulate data centers and so a conditional use permit is before you. Um, our code does say that high voltage should only be used with conditional and so that is why that is there. Um the reszone is what is now and then the PUB preliminary unit uh the um planned unit development is the next item on the agenda. What everything has to be zoned in the city and so like Steven stated when land is annexed into the city it automatically becomes agricultural. then the city would have to reszone that to uh whichever zone we see fit for that area um according to our comprehensive plan in addition to what that use is going to be because there is a planned unit development for this property that in itself is a zone. Most cities actually treat a PUD as a separate zoning um part of their code. We do not. We're an outlier in the state of Minnesota. And so ours is an overlay. And so because our code um is written a little bit different, we have to have an underlying zoning district with a PUD overlay. We don't have a separate PUD zoning. And so if our code was a little more upto-date, uh a PUD would actually be its own uh zoning. But because it's not wrote the way it's written, we have to choose one of the zoning. But then the PUD will actually outline how the development is seen in regards to the code. Um, so there there's two different things before you, but a lot of it relates to how the land is viewed and how it conforms to the city. >> And where is our city attorney's position on this from the legal standpoint since that was brought up >> in in regards to >> the light industrial? >> Yep. So, city attorney approves of the light industrial. That'll be he'll have his input at the city council meeting next week. But yes, so any questions. >> Okay. Well, I need a motion to either approve or not approve. Motion to approve the reszoning to uh two. Yeah, I'll make in the zone. Okay. Second. I'll second it. Okay. Any discussion? I'll ask a question. All in favor say I. I. >> Those opposed. Next issue is she already referenced M. reference is the review of the conditional use permit final developments. >> So, first I'll apologize because this is the third time that we are reviewing this information with you. Uh not a whole lot has changed since we first introduced you this to you in November and then um we had a work session on the uh preliminary development plan in November. Then it was before you for recommendation to council in December. And now we are back with the final development plan. And so this uh the city received a PUD application uh in uh October. And that applied to the 60-day timeline that Stephen referenced earlier. uh cities can extend those 60-day timelines uh if they have certain uh findings for that. Our code says that we have to first have a preliminary development plan approved and then a final development plan approved before we can approve a cup. So we have authority to extend those timelines. That's because that's why this is before you um this evening and it wasn't before you uh last month for the final. So, heading in and zoning had recommended to council to approve the preliminary development plan for the PUD. Uh, council then approved that. So, now we are before you with the final development plan. So, just a little overview. I know I already went into that, but a PUD is a planned unit development, but that is a way that a city can look at a certain development and create a set of code that is relevant only to that development. It's not relevant to any other zoning districts. And so, as I stated, typically cities have PUD as its own zoning district. In Pine Island, we have it as an overlay. Uh, so we are proposing that the PUD would be an overlay to the I2 standards. What that means is the PUD would create uh areas of the code that they would have to abide by. If the PUD does not address any area of the code, then it would by default go to the uh I2 the light industrial code section. So, the final plan must adhere to the preliminary plan um with the recommended changes. Uh I'll have Craig go through it uh some more once we get to um the maps uh with some of the off-site improvements. Uh the preliminary plan remains mostly the same from what you've seen. We aren't going to go over the entire PUB narratives um like we have in other meetings. Instead, we'll just go through what has changed. Not much has changed. Um, we had did hear some feedback from residents uh about the exemption to noise standards for emergency power generation testing and maintenance. And so we did work with the developer to remove that from the the PUD narrative. And so that is no longer in the final development plan for the um the exemption to those noise standards in those situations. So any during any testing or maintenance, the developer will have to adhere to the noise um part of the narrative. Uh with that as well, uh we've heard a lot of different things about noise and how noise can change uh noise pollution. Uh we've heard a lot of different research. there's still research that is up and coming and um science is always changing and so there is um there is a state Minnesota state statute says that no local governing unit shall set standards describing the maximum levels of sound pressure which are more stringent than what MPCA guidelines set and so the noise uh proposal is per MPCA state noise standards. And so what that is is it's uh 60 dB during the day, 50 dB at night. That is more stringent than what city code is. So city code allows for up to six dB over 50, 60, and 70 depending on what time of day it is. And so uh the developer is proposing standards that is more stringent than what city code is. On top of that, staff is recommending that we impose a um another guideline that says that at the time of any building permit for any part of the development because the PUD is for the whole 480 acres. We'll get to the final thought at the end of the meeting um which is just for the proposal that they're uh requesting at this time. But for the PUB in case that MPCA standards change uh we are suggesting that we change the language that at the time of the building permit they will need to adhere to the current MPCA guidelines for that or any future buildings so that the 60 and the 50 isn't set in stone. Um that way if the NBCA guidelines change uh they essentially won't be grandfathered in because of the passage of this PUD if we change the language to at the time the building permit is submitted they have to adhere by the guidelines at that time. Um again there's no exclusion for emergency power testing or maintenance. Uh other than that the noise um the other language remains the same again with that step recommendation. And then um in the narrative we that we had included in the packet describes all of these different aspects of the PUD. These all do remain unchanged from what we reviewed in November and December. So um the design considerations also include the access the storm water management the wetlands and the landscaping. So um the storm water management because that's I believe it's a 300page document that was included separate. So with that I can not sure if you have anything to add Craig. >> You hear me? Okay. All right. Um so this uh final plan is very similar to the preliminary plan that you saw. Um in fact there was really no changes to it. The storm water management plan what Elizabeth referenced um they did the developer did um review our um review comments and did incorporate those as well. So the review comments that you see um and we had four of them um they're they're pretty much just stating that the um the storm water management plan does comply with NBC's requirements for both water quality volume and also for rate control. Uh MDOT again is reviewing the hydraulics or the runoff rates from uh from the property and uh so any work within the right of way again because that um that channel uh for that soil that runs and kind of bisects the property will be relocated to the west side of the property over into the Mind Gateway between the Moon rightway and and Skyway property. So um in that in order to perform that work um there needs to be a permanent um other than that um did you have any questions at all on the uh the island plan and go through some more of the details that we covered last The one thing I'd like to uh this is a repeat but as I understand with the PUD we are actually retaining more city control on this development and um it also uh does not allow for expansion of development outside of this parcel without another PUB that includes any outsiders who come in to want to start another data center the city has controls you is that accurate >> yes so just I'll try not to get in the weeds I like talking about zing and things like that but um high level essentially the city has two different ways of doing large scale developments and so we can have it written on our code that we allow certain uses. Um so for instance the city could have changed their code to allow data centers in heavy industrial or light industrial um a as a uh use or by utilizing a PUD. The city has complete control. And so if we were just to write it in our code, they wouldn't have to come to the city and ask essentially for additional permits. Um that's an allowed use. It would be like saying a gas station could be a highway commercial. Um so that doesn't limit the amount of how many could come to town. Um anything like that. By having a PUD, the city has complete control over the entire development. We have complete control over how many um there are. And so by doing it as a QD the the city is really retaining control. As we discussed in November and December the majority of the items um that are listed are actually more stringent than what city code would allow. And so, uh, I know last month we compared each different item side by side, what our code allows, um, to what they are requesting in the PUB, and the majority of the items are actually, um, more restrictive than what we would allow if uh, a different kind of industrial building were to be built. >> Any thoughts questions? point. I'd ask for a motion to open the public hearing. >> I'll second more. All in favor? I >> So we have Mr. Ronnie Lanners. High Court before proceeding with final development plan. When I ask you, has Ryan Companies answered these critical questions? How much electricity will we use? What better cooling system will we use? is more complex than just saying air cooled. They're air cooled with water. There's different impact especially on water, noise, electricity, chemicals possibly dumped in our waste treatment plant. So, it's important to get those questions answered before proceeding. What type of backup generation system will be used and what frequency will it be tested orally tested? What are the low frequency noise levels generated at all times of normal operation outside of normal operation? That's beyond what we're talking about here. Low frequency noise is critical here. Have you done any proper environmental impact analysis? I can answer that question. You have a you can without answering the previous questions. There's no way you can do an environmental impact analysis. Uh these are infrastructure questions. I have over 35 years of experience dealing with technology companies and these questions are not proprietary questions. If Brian companies have not answered these questions, you are being naive to proceed with the final development. Next we have Aubrey Dirkson 340 Drive as you will receive a document with examples of recommendations for donating ordinances HUD recommendations so that the data center is built it's actually zone correctly and the putt in the cup actually it has developed correctly and in a way that is not going to cause undue harm to the surrounding community. Following the recommendations in the documents also ensures that you get what you want which is all these purported benefits which you'll get to the state providing any actual factual evidence of and it gives what we want as protection from undue harm. Following those recommendations is not an unreasonable ask. It is a winwin situation. That is not unreasonable. In the lease, you have solid sound resources that will equip you to actually make a decent decision and a solid one. But by improving the spinal c and the zoning, you are going on without potting. to action. Follow those recommendations. You are going on record that this project could cause real and permanent harm to the community. When you go on record acknowledging that you were provided resources that could have a race and or reduced at least that harm, yet you intentionally chose to ignore that option and you intentionally chose to inflict harm permanently. What does that say about you as humans? And what does it make you? Guilty. The next king that dies by suicide because of your depressing was exacerbated by the low frequency noises that you have been warned about that you intentionally chose not to do anything about when you could have. That blood their death was on your hands. The asthma attacks that result in death. When all that family wanted to do was open their window and play in the backyard. their death is on your hands. Reject the proposal, pause it, and actually let's institute the recommendations in that document so we can have a win-win. I think I asked not to have a pause. The next one will be dismissal. And yet you can think that's funny. All we're asking for is some property for them. >> Reverend David Dirkson before. One of my favorite movies is Shaw Shank Redemption. I don't know if any of you guys have seen that movie flash. In this movie, there's a character named Red. Red has a scene where his hopes are built up. He goes before the parole board and year after year after year until one day he goes before that board and says, "I don't care. You're just going to stamp rubber stamp this off. Push it off. I feel like red right now with this whole project. I feel like it's predetermined. No one wants to pause this even though you hear their community say, "Can we just pause it for a little while to just make sure that we're doing our due diligence?" Cuz there's a lot of questions we don't know. Anyone who says they know it all doesn't know it. And we just do not want to do something that's harmful for our community. And we're hoping that you care about a community, too. We're hoping that this is not a foreign conclusion that you're just going to really stamp this through and not do due diligence to say, "Hey, maybe we need to pause and consider what this means as far as the health hazards or the low frequency noise that's coming out about this. What does this have to do with what the the energy consumption? Would that mean of who gets what energy when there's spikes in in time? How does this impact our businesses? Are they going to be be hosed with rate increases at peak usage when they get pulled by the data center and not them? Have we thought through all those sort of implications? That's important. Please don't be just like that board. That's Thank you. That concludes our public hearing. >> Okay. Make close second. All in favor? All oppose? Um, any questions here? Anybody while you're thinking about that? Um just for uh information which uh I have heard a lot of this but uh what uh Mr. Lannard's brought up about uh electrical coal cooling chemical disposal the low frequency noise and environmental impact analysis. Uh, is my understanding accurate that those have been reviewed? And uh, >> yeah, I'll start to answer. I might need Craig to jump in from an engineer standpoint. Um so we have identified that is an air cooled closed loop system and so it is not using water um to cool the system and so in a closed loop system Craig's going to cringe right now because I'm trying to speak engineer in a closed loop system they they fill large pipes with water and once those are filled they never they're sealed and so that water is cooled by air. Uh there are water cool systems. That's not what what this is. And so then that that cool water is sent through the pipes to cool the system. Did I do okay? >> Yep. >> Um and so that that's what kind of cooling system this is is a is a closed loop air cooled system. Um as far as the backup generation and um the power, we have had Excel come uh speak to city council about the uh the power questions. Those were answered in that work session. Regarding the backup generation, the city simply does not uh oversee that. And so that is the developer will need to apply to the public utilities commission, another public body. They will have to go through permits with that body. It's it's not something the city governs. It's not something that we have authority over. And so they'll have to go through a very stringent process with the PUC uh if the project were to move forward. And so that is a a state authority, not a local government authority and chemical. So there there are a couple times when well one time initially when the the system wouldn't be flushed. So there's a commissioning uh period that um uh that each of the facilities would roll through where each of the um chillers or cooling system. So the currently the developer is looking at putting in some holding tanks um to capture that and then dispose of that offsite. Now the city um depending on the chemicals that are that are included in there, the city may be able to take that in the existing sanitary um system. So uh that is something that we will evaluate. Um but there are city ordinances that would not allow any um inappropriate discharges into into the city system. So those are a couple of the items that uh that they so we've been in close contact with the developer and their designs on on that. I would add too on the backup generation. So any generators those are um permits that they are emission permits that are obtained from the MPCA. So that is very >> what about environmental impact analysis? >> Yeah. So um touch on that too but so the AU was was completed in in like September. Um and so u that that environmental document was submitted to regulatory agencies a bunch of referral agencies for review comment. Uh so we did receive comments from the referral agencies those were addressed um and then submitted to the um ETB environmental quality board. So um that that process the environmental process that went through um um many different um factors such as nobody's air quality all in the low frequency noise. >> I know we've talked about that. Any information you'd want to share? Point was more, >> if you don't mind. >> Sure. Yeah. So, the the low frequency noise. So right now um and again I think Stephen touched on this in this in the report but um as far as the low frequency noise the the state does not regulate low low frequency noises at this time. So the uh the standard that we go by is the MPCA standard u which is 50 uh or 60 during the day 50 at night um and that's a DC uh value. So we we know that the developer um and their acoustic consultant um is they're looking at uh noise dampening uh for say the chillings and other um items that produce noise. So um that is something that they model uh because they want to model that before anything is built so they they know they're not exceeding noise values um that are set by the by the PCA. Um, one thing again that Stephen touched on was if if that changes in the future, um, then the any new building permit, so if that changes and they come in for a phase two or a phase three, phase four, whatever it is, um, they would abide by the the standard that is in effect at that time. And so the reason staff's recommending that is because the state doesn't at this moment regulate that. But if they were to um establish regulations for that, like I'll say for a third time that then um the developer for that and maybe future buildings would have to adhere to those requirements. So >> okay your time questions >> I would like to make ask one clarifying question here >> very quickly but I'm not opening this up >> just for clarific did not I understand appreciate >> you talk about you talk about water cooled there's many different kinds of systems there we can do water cooled with air cooled you might have to put shacks up in the air put big fans to cool down you might have to use chemicals something like that's something that's been talked about but just to say it's a closed loop air cooled system isn't enough detail to really understand what feelings are in place and it impacts your noise and everything else. That's one thing. Second thing on the impact analysis when he gave me that I said you don't know details. In other words, you don't know how much power is going into this. So you don't know how many backup generators are going. You don't even know what types they're going to be. They could be diesel. They could be dead energy. You don't know without knowing those factors. There's no way you can do a proper environmental impact. And that's the common sense of it. You need those details through that. Thank you. everything. So, um with those with those those questions which I think are legitimate, >> um where are you at in the process and where do we go? Because there is nothing approved on the building. >> Right. So there and that's right. There are certainly main ways to cool the data center and that would be air cooled and water cooling. Uh the water cooled um facilities they use um a lot of the water um I I don't know exactly the the number of gallons that they use um in the water pool but again that is not what's being proposed is the air pool >> I know Liz you said that from the very getgo when you first contact not have a water cool system >> right >> yep that's correct when the developer first approached us and asked to do a a water pool facility the city said no Um that's when they came back to the city and said that uh they were interested in doing air. >> Yep. >> So yeah. So as far as the you know what it takes for um you know like how much water will be used again in this first phase they're looking at around the 20 to 23,000 gallons uh per day for for the facility. So um and that's that's um some domestic use that is some irrigation um and some wash water for just common maintenance um for the chillers in that. So um as far as the chemicals again that is regulated. So if if there large spike in some spikes in chemicals that we're seeing at the at the plant um obviously that that is an indicator that there are better issues. Um again that wouldn't happen from what I understand on this system. It would be closed. There is some commissioning water that would be have to be disposed of but after that those miss too unless if there's a leap they'll stay those they'll stay full of the water that was initially used to uh to >> and some of the other information that uh was alluded to um there is we're still in the city control when it comes to building permits and what are proposals. >> Yeah, building building plans would be submitted for review um in addition to more detailed um set plans grading plans for each individual phase will also be provided. Um as far as the knowing the details about the power um that Mr. line is that we we don't know the power usage um but we do know that that's highly regulated by uh the PUC and they will be overseeing any sort of um extension um and permitting applications that better apply for. So, uh that is something again that um the city um the PUC public utilities commission needs to pursue. >> Any questions? Elizabeth, the city has, I would say, authorization if Mr. Robertson sees these chemicals high at this plant, kind of like DFA and Zamroto and they flood their system and mess it up and get a fine, the city has that ability or that authorization, right? >> Yep. Correct. And so I we do that with our with our um big facilities um our big industries in town. And so that's one of the advantages of a conditional use permit is that they need to adhere to of all the conditions in the conditional use permit. Otherwise, the city can pull that permit permit and then they would have to uh their operations. And so uh conditional use permit is the way the city has the most control over any uh development in the city. I >> let's go ahead >> if I may. Um in my intro I I had said that they put an application for a PUD. I should also add so our code only authorizes a planned unit development or PUD by a conditional use permit which is what the C is. And so it says that by approving a final development plan and a preliminary development plan, then um we can approve a conditional use permit. So we essentially wrap that all into one. Um since approving a final development plan would authorize the city to be able to uh authorize a conditional use permit. And so before you is uh whether or not to recommend the conditional use permit and a final development plan in one motion. >> Okay, there a motion. We're looking to approve uh the conditional use permit and final development plans. We'll make a motion that we accept the condition. >> Any other comments or questions? Then I will ask the question. All in favor say I. I. And >> oppose. Same sign. Okay. So we have one we have a review of the plan and uh as we understand it here as planning zoning commissioner board whatever you want to call it um we're not we're not making the rules and regulations the law okay but we're saying is what what has come before us um is uh agreeable or disagreeable and we passed that recommendation on the council. So as we approach this last one on number six, review of fined industrial. Um so I won't run through a ton of plat information um just because that was before you in December with the preliminary plat. Um so tonight we will just go through um the changes, the updates that were made um to the final plat. Um there is not a public hearing on final plats. Um just the preliminary. Um in a lot of instances with smaller um residential development, sometimes the city will wrap the preliminary and final all into one meeting. um with development this size. We wanted to make sure that um we have that preliminary um give conditions, give recommendations, um make sure the agency comments are included and then get a copy of a final plat that shows all of those things have been updated um as well as some additional review points. So that is why um we had that preliminary hearing prior and then this is just for the final approval. So, um, similar to what we talked about last time, um, chapter 12, city code is considered the subdivision code. Um, it reviews minor subdivisions, plats, things like that. Um, similar to the other things before you tonight, plat submissions go through, um, preliminary and final review. It goes before the planning and zoning commission for a public hearing, then on the council. Um, I'll kind of pass it over to Craig. Um, the final plat submission. Um a lot of the technical data comes in with the preliminary. Um it's reviewed by our engineering firm. Um they issue recommendations when it comes to grading and erosion um and things like that, storm water management. Um it then gets sent back. We also get um comments from our attorney on the actual plat legal document as well as um Mandot has a large role especially in this instance butting up to highway 52 right ofway. they usually have quite a few comments on um making sure that final plats are in compliance with what their most up-to-date modeling and measurements are of their highway right of way. So um I'll kind of pass it over to Craig and he can kind of run through the technical side what has changed um from the preliminary over to the final plat. >> Yeah, thanks Stephen. So um Mad did have some uh initial comments, review comments. So, uh, those were incorporated into the, uh, the final plat that was submitted here. Vid does have a few more comments, um, regarding the West property line. Um, because of thems, they just want to make sure that they're the three with the employees is is consistent with what the information we have. So, uh, we'll be sending us CAT files to to make sure that that is uh that is done correctly. Um and uh and so we do have 12 uh conditions um that we're asking the developer to address prior to the reporting of the final flat. And I can just run through a few of those briefly. Um but um again number one is just that the the appropriate signature blocks are on the final PL. Um if there is a mortgage then we need a consent from the mortgage company or um or they also need to sign the PL uh storm water management and treatments. We talked about that before. That is why um we have the developer um submit the storm water management plan because we want to make sure that if there are any easements that are needed or any public right authority or um outlaw dedication needed uh that those are addressed. So again, their storm water management plan um is is in compliance with uh MPCA standards and and regulations. U number four that um um the city attorney so I will review the final platoon. He's doing that just to make sure that if he has any comments that those address number five the uh title policy in favor of the city's final. What that means is there's a there's a title commitment that will be provided and because this city assigns the final plat. We just want to make sure that the city um is protected if there are any title defects or any uh um anything like that any leaks on the property for documents things like that. So it just needs shows that the owner has clear title to the property. So um that's what that number five is. Uh number six again just future in the future with construction plans that those would be submitted to see for review. Um seven u because there is a public water maintenance that is um to be u aligned in the close to that 500 ft uh right of way right now. Um and we're just looking for public water usement for that on set. Final um alignment is determined. Number eight, sorry. Um the other um easement there is if there is any uh public infrastructure that is located outside of the writing way. So this would be for any u um water sewer extensions um to the property that those would be um within the easement of that safe of the city. Um if there are any public storm water ponds that need to have for that that's uh item nine. Uh number 10 is the reporting prior to the reporting the final plat to a development agreement with the city that in front of the city very shortly. Um here number 11 is that um again any work within the mind right of way and any access onto the highway 52 would require um permitting from so that would need to be achieved. And then finally number 12 is is again that's just covers the referral agency comments if if the boundary surveyor or reporter has any comments um or midnot that those be addressed prior to reporting the final flag. So that's common practice that the flag is sent to the county surveyor board just to make sure that uh um that it isn't with the standards as well. So all of those are very uh very found um conditions of approval and uh we can answer any questions on those if you have any. >> And I have just one quick administrative point too. Um just a reminder when we're looking at the actual plat document um they are only proposing um to plat I mean they're platting the entire property but the only um developable portion they're looking at here is this block one lot one um which is the area closest to Highway 52 um and it kind of runs along Highway 52 um back to 195th. So um they're looking at the portion of the property closest to 195th being outlet A. Um as you move north of 500th Street um you have outlot B and then everything north of Drive Creek up against 490th um would be outlot C. So again they're just looking at um block one lot one at this point. Um the rest will remain out lots. Um if they do want to move forward with future development um they would have to plat those lots also. Um so we'll have to go through the same preliminary and final plat procedure um and have public hearings on that as well. So again this is it's platting the entire property but those outlots will remain undeveloped until um they replat them for development. One of the things that uh I asked about it was last month's meeting is uh when we look at and I I don't want to go back through the whole whole thing. We you should be familiar with that, but they talked about black topping uh 195th to 500th Street. Uh the reality is that'll be updated to a permanent uh road requirements, but they will be black copying all the way to 490th and down to 52 on 490th, which to me is the only makes sense to do. So we're we're they'll be coming right in right out on 490th. that will be black tops all the way back to the property for your information. Anything else? Final question. Again, what we're doing here is uh reviewing uh requirements that was ought before us and we are making a proposal to city council. We're not putting anything into the law so to speak. Okay. There are no questions. I entertain a motion on the final plat. >> No public hearing I have. >> I'll make a motion for the final PL 12 conditions that Craig is outlined. >> Thank you. I was hoping we do have 12 conditions. Is there a second? Second. Second by Brad. All in favor? And uh a hold safe sign. Okay. Anything else? >> Motion to motion to second. All in favor? >> Same sign. Thank you. How are you? anything that I ever get recording.