Harmony Data Center Ordinance Sent to P&Z and Public Hearing

The Harmony City Council, Economic Development Authority (EDA), and Planning and Zoning Commission convened on September 16 to review a revised draft of a proposed data center ordinance. Mayor Steve Donney outlined the meeting's goals, which included reviewing the draft, gathering suggestions, and allowing public comment.

Attorney Soren Mattick of Campbell Knutson presented the sixth draft of the ordinance, detailing several key changes. These include a requirement for detailed descriptions of closed-loop cooling systems, a third-party soils and geotechnical study, and a 3D acoustic model to ensure compliance with Minnesota Pollution Control Agency (MPCA) noise standards, with annual compliance checks. The maximum height for data centers was reduced from 60 to 40 feet, and shipping containers were explicitly disallowed as construction material. Water use will be limited to initial system startup and maintenance, with no ongoing use during industrial operation. Setbacks from agricultural property lines were increased to 400 feet, and developers will be responsible for all compliance monitoring and inspection costs. The city emphasized it would not sign NDAs and would process applications with complete transparency, retaining the authority to set fines for violations.

Mattick clarified that the ordinance, once in place, would provide a framework for approval if requirements are met, and violation of a Conditional Use Permit (CUP) would result in its loss. He stressed that the ordinance was not yet up for approval, stating, "This is the beginning of the discussion – not the end." Councilman Keith McIntosh questioned the necessity of an ordinance, to which Mattick responded that it allows the city to define criteria and deny non-compliant applications, preventing developers from dictating terms.

During the public comment session, citizens raised concerns about property responsibility if a data center closes, potential limits on the number of data centers, ownership transparency, water discharge, and electrical use reporting (which will be provided by MiEnergy). Aaron Bishop inquired about public input opportunities between the Planning and Zoning meeting and the City Council meeting, learning that a public hearing would coincide with the Planning and Zoning meeting. A homeowner voiced concerns about prime farmland use and metal building materials, while Michael Himlie reported a "severe disconnect" between citizens and officials, advocating for a citywide survey. Walker Ward questioned if data centers align with Harmony's small-town charm and long-term future. Mattick affirmed the city's ability to adjust building material restrictions based on public wishes. Citizens were encouraged to submit further comments via email. The next Planning and Zoning meeting and public hearing for the ordinance are set for October 14.