Agenda
Transcript
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[4:44]
Pledge allegiance to the flag
[4:46]
of United States of America and
[4:47]
to the republic for which it
[4:51]
stands. One nation under GOD,
[4:52]
indivisible, with liberty and
[5:01]
justice for all.
[5:02]
I want to welcome everybody to
[5:04]
the MAY 5th Cinco de Mayo
[5:05]
regular meeting of the Eagan
[5:07]
City Council. It is our first
[5:10]
meeting of the month of MAY. We
[5:13]
have a fairly light agenda in
[5:16]
terms of topics. But I don
[5:17]
t
[5:18]
think we
[5:19]
re going to be getting
[5:20]
out of here in time for puck
[5:21]
drop tonight. So we
[5:22]
ll be
[5:23]
getting into the meeting here
[5:26]
really quickly. And hopefully,
[5:27]
maybe if anything happens,
[5:28]
we
[5:29]
ll give a few subtle updates
[5:31]
on the game. I know on the
[5:33]
front row your your concern and
[5:34]
following. So we
[5:35]
ll make sure
[5:37]
to do that. I will say that I
[5:38]
we have a meeting. We have an
[5:39]
item on the agenda tonight that
[5:42]
was on the agenda for the apc
[5:45]
on Thursday. And I watched that
[5:47]
meeting live. I know many of
[5:48]
you were in the room for that
[5:50]
meeting on Thursday. When the
[5:53]
wild played and won. So
[5:54]
hopefully if we missed a good
[5:55]
portion of the game, we
[5:56]
ll get
[5:57]
the same result tonight. All
[5:58]
right. So that
[5:59]
s that doesn
[6:00]
t
[6:01]
mean we have to spend the whole
[6:02]
time here. Like if we can get
[6:03]
home by mid second period,
[6:06]
maybe, you know. Anyway, with
[6:08]
that, MISS Miller, any changes
[6:09]
agenda tonight? No, MR. Mayor.
[6:10]
Council. Any changes? Agenda?
[6:11]
No motion.
[6:12]
Councilmember Hanson.
[6:13]
To adopt.
[6:14]
The agenda is presented second.
[6:15]
That
[6:16]
s moved and seconded. Any
[6:16]
further discussion on the
[6:17]
agenda? Seeing none. All in
[6:19]
favor saying aye. And opposed?
[6:20]
Nay. That motion carries and we
[6:22]
have an agenda. We have no
[6:24]
recognitions and presentations
[6:24]
tonight, so I
[6:25]
ll go right to
[6:27]
our consent agenda. Are there
[6:28]
any members of the public who
[6:29]
are here on an item that
[6:32]
appears in the consent agenda
[6:33]
and had questions on that item
[6:34]
and wanted to see item acted on
[6:37]
separately? Seeing none, I
[6:38]
ll
[6:39]
bring it back to the council
[6:40]
counsel. Same question.
[6:41]
For a motion.
[6:42]
Councilmember bacon.
[6:43]
Move to approve the balance of
[6:45]
the consent agenda. Second.
[6:46]
That
[6:47]
s moved and seconded. Is
[6:48]
there any further discussion on
[6:49]
the consent agenda? Seeing
[6:51]
none. All in favor signify
[6:52]
saying I and opposed. Nay. That
[6:54]
motion carries. And we will
[6:55]
move on to public hearing. We
[6:57]
have just one public hearing
[6:59]
tonight. It should be a fairly
[7:03]
efficient item, I think is a a
[7:05]
to vacate a utility easement at
[7:07]
lot one, block one. United
[7:10]
Stationers Edition at 1720
[7:12]
Alexander Road. Owner.
[7:13]
Thank you, MISTER Mayor.
[7:14]
Members of the council. This
[7:16]
request is actually coming from
[7:17]
city staff for consideration of
[7:18]
the vacation of the utility
[7:20]
easement. The purpose is to
[7:21]
vacate the utility easement
[7:22]
along the south side of the
[7:24]
existing building. Public
[7:25]
easements are not required to
[7:27]
address the existing private
[7:28]
utilities within the easement
[7:29]
on this property. So I will
[7:31]
turn it over to Public Works
[7:32]
Director Mathis.
[7:33]
Thank you, MRS. Miller. MR.
[7:34]
Mayor, members of the council
[7:35]
and audience. This property is
[7:37]
located in northwest Eagan, and
[7:40]
it MAY look really familiar. In
[7:43]
fact, the topic MAY be really
[7:44]
seem familiar for the same
[7:46]
property because it wasn
[7:47]
t that
[7:48]
long ago where we had an
[7:49]
easement vacation on this
[7:51]
property as well. Now, at that
[7:52]
time, it was requested by the
[7:53]
previous property owner. The
[7:54]
property has been sold. Now we
[7:56]
have a new property owner, and
[7:58]
as MRS. Miller indicated, the
[7:59]
request is actually coming from
[8:01]
staff in this case. So it
[8:02]
s
[8:03]
kind of unusual. In fact, I
[8:04]
don
[8:05]
t remember. It
[8:06]
s been a
[8:08]
long time since staff came to
[8:09]
council suggesting or
[8:11]
requesting that the council
[8:12]
consider an easement vacation,
[8:15]
but in this case, the easement
[8:20]
is addressing a water main and
[8:21]
a storm sewer. So it
[8:22]
s the
[8:24]
darker shaded easement area
[8:26]
that actually the sole purpose
[8:27]
of it is to address the needs
[8:30]
of the property owner, both for
[8:31]
the building and the drainage
[8:32]
of the site. So there
[8:33]
s no
[8:35]
public purpose for the
[8:36]
utilities that exist within
[8:39]
that easement. And so the
[8:41]
thought is, is to make it. And
[8:42]
we
[8:43]
ve had discussions with the
[8:44]
current property owner, both
[8:45]
the former and the current
[8:47]
property owner. But the thought
[8:51]
is, is to take the easement
[8:54]
away and let the property owner
[8:55]
do what they want with their
[8:56]
property, because there
[8:57]
s no
[9:00]
need for city staff to address
[9:01]
any of the utilities that are
[9:03]
located within these easements.
[9:06]
So with that, we have sent out
[9:08]
notices to all the regular
[9:10]
interested parties, private
[9:12]
utility representatives and
[9:13]
such, and there
[9:14]
s been no
[9:15]
responses from anyone that they
[9:17]
have any interest in the
[9:19]
vacation of this easement. So
[9:20]
with that, I
[9:21]
m available for
[9:22]
any other questions that the
[9:24]
council MAY have.
[9:26]
Cindy is the applicant. So what
[9:27]
do you hear more from the City
[9:31]
Council? Any questions of staff
[9:33]
before I open up to the throngs
[9:34]
of public comments? And I
[9:35]
m
[9:38]
sure soon to come seeing none,
[9:39]
are there any members of the
[9:40]
public who want to comment on
[9:46]
the proposed? Vacation to the
[9:47]
utility easement at United
[9:50]
Stationers Edition at 1720
[9:54]
Alexander Road. None. I
[9:55]
ll
[9:56]
bring him back to Council for
[9:57]
additional conversations and or
[9:58]
motion.
[9:59]
For motion. Councilmember
[10:01]
fields to close the public
[10:02]
hearing and approve the
[10:03]
vacation of the utility
[10:05]
easement on lot one, block one
[10:07]
United Stationers Edition, 1720
[10:08]
Alexander.
[10:09]
Road. Second.
[10:10]
That
[10:11]
s moved and seconded. Any
[10:13]
additional comment? Seeing
[10:14]
none. All in favor say aye.
[10:16]
Aye. And opposed. Nay. That
[10:18]
motion carries. If only this
[10:19]
next item. We
[10:20]
re going to be
[10:22]
that brief. That concludes our
[10:24]
work on public hearings
[10:26]
tonight. We have no old
[10:27]
business, so I
[10:28]
ll go into new
[10:29]
business. We have one item of
[10:32]
new business. It is an interim
[10:34]
use permit for Iron Gate data
[10:37]
center. And Michael Margulies,
[10:39]
apologies for the pronunciation
[10:40]
there. It
[10:42]
s an interim use
[10:44]
permit to allow outdoor storage
[10:47]
of four trailer chillers for
[10:49]
operation of a data center
[10:52]
located at 3199 Pilot Knob
[10:54]
Road. MISS Miller, I
[10:54]
ll let you
[10:55]
get us started off.
[10:56]
Thank you, MR. Mayor. Members
[10:57]
of the council, the subject
[10:58]
property was originally part of
[11:00]
the 212 acre spare Univac
[11:02]
campus. As a reminder, Sperry
[11:04]
Univac campus was primarily
[11:05]
involved in semiconductor
[11:07]
research and manufacturing. The
[11:08]
property is guided major office
[11:09]
and zoned research and
[11:11]
development. As the mayor
[11:12]
indicated, the applicant is
[11:14]
seeking a six month interim use
[11:15]
permit to allow outdoor storage
[11:18]
of four trailer chiller units.
[11:19]
The Planning Commission held a
[11:20]
public hearing on the interim
[11:22]
use permit on APRIL 28th, and
[11:24]
recommended denial of the aup.
[11:25]
i
[11:26]
m going to turn it over to
[11:27]
City Planner Schultz for a
[11:27]
location map and additional
[11:28]
information.
[11:30]
Thank you, MR. Miller. Good
[11:32]
evening. Mayor Council. I do
[11:33]
have a little bit, maybe
[11:34]
lengthier presentation than the
[11:37]
normal for an iup, so bear with
[11:39]
me. So before you here, the
[11:43]
map, the subject property
[11:44]
consists of a 312,000 square
[11:47]
foot building. As MRS. Miller
[11:49]
indicated, that was part of the
[11:52]
Sperry Univac campus. The
[11:54]
property abuts Pilot Knob Road
[11:55]
to the east and Tower View
[11:57]
Road, which is a public street.
[12:00]
To the north. Residential. Both
[12:02]
single family and townhomes are
[12:04]
located to the north of the
[12:05]
property. Townhomes here.
[12:07]
Single family to the north and
[12:11]
to the west. And single family
[12:13]
homes as well. On the east side
[12:15]
of Pilot Knob Road. Central
[12:17]
Park is located abuts the
[12:18]
property to the south and the
[12:21]
south west of the property.
[12:22]
There
[12:23]
s a change in grade. The
[12:24]
park sits approximately 30 to
[12:26]
40ft below. The subject
[12:31]
property. And then the City
[12:33]
Spirit Tower is located just
[12:35]
inside, almost surrounded on
[12:36]
three sides of the property
[12:41]
located right here. Back around
[12:42]
the property is guided major
[12:44]
office in zoned for research
[12:46]
and development. The subject
[12:47]
property was originally part of
[12:50]
the 212 acre Sperry Univac
[12:51]
campus, which comprised of
[12:54]
three buildings. That 212 acre
[12:56]
campus was approximately from
[12:57]
Tower View Road down to Yankee
[13:00]
Doodle. And Pilot Knob Road on
[13:01]
the east side. The third
[13:03]
building, which was located
[13:05]
basically where Central Park
[13:07]
Commons currently is at,
[13:09]
comprised basically of that
[13:11]
three building campus. As
[13:13]
indicated, the campus was
[13:14]
primarily involved in
[13:15]
semiconductor research and
[13:18]
manufacturing. 1987. The third
[13:20]
building on the subject
[13:22]
building was constructed to
[13:24]
make up that campus. Building
[13:25]
permits. At the time of the
[13:26]
original construction
[13:28]
identified a computer center on
[13:29]
two floors of the north half of
[13:32]
the building. On the north half
[13:33]
of the building, which is
[13:34]
basically this portion of the
[13:36]
building. Later building
[13:38]
permits identified the use of
[13:39]
data center within the
[13:41]
building. The south half of the
[13:43]
building. Essentially, this
[13:45]
portion just under the glass
[13:49]
roof here. South building is
[13:51]
comprised largely of offices
[13:52]
supporting administrative uses
[13:53]
within the building. When it
[13:55]
was fully occupied by Unisys
[13:58]
employees. In 2007, a portion
[13:59]
of the lower level was
[14:01]
repurposed. Approximately in
[14:03]
this area for data center use,
[14:04]
which included additional
[14:06]
mechanical and generator
[14:08]
plazas. Shown on this aerial in
[14:10]
the south portion of the
[14:13]
building in NOVEMBER 2025, was
[14:14]
announced that Swivel
[14:15]
Development Corporation
[14:18]
purchased the property.
[14:18]
Suburban Development
[14:20]
Corporation owns a subsidiary
[14:22]
company, Iron Gate Data
[14:24]
Centers, which also owns
[14:26]
Woodbury Capital llc, which is
[14:28]
the registered agent of Eagan
[14:30]
Capital llc, which is the
[14:31]
identified property owner
[14:33]
within Dakota County. Property
[14:36]
records. In 2002, City Council
[14:39]
directed staff to initiate a
[14:42]
land use study of three parcels
[14:44]
around Eagan Central Park in
[14:47]
the sec. Two of those parcels
[14:49]
were included as the Unisys
[14:51]
property and the former Delta
[14:53]
Airlines property. As well as
[14:56]
the former Argosy University
[14:58]
property. What resulted in that
[15:01]
was the Northwest Central
[15:03]
Common Small Area Plan. That
[15:05]
basically envisioned envisioned
[15:07]
redevelopment primarily for the
[15:09]
two properties located north of
[15:11]
Central Park. The Delta
[15:13]
property or Central Park West,
[15:14]
as it was later called in the
[15:16]
study, primarily identified a
[15:17]
mix of residential land use
[15:20]
types. The Unisys property, or
[15:22]
later termed the Central Park
[15:24]
East, within the plan,
[15:25]
identified a mix of both
[15:26]
residential and commercial land
[15:28]
uses. Given the proximity and
[15:32]
access to Pilot Knob Road. So
[15:33]
as part of the proposal in
[15:35]
FEBRUARY, staff inspected the
[15:36]
property after receiving
[15:37]
numerous noise complaints and
[15:39]
noted that there were three
[15:41]
trailer chillers on the west
[15:44]
northwest side of the property.
[15:46]
Staff informed the owner that
[15:47]
an interim use permit was
[15:49]
needed for any outdoor storage
[15:51]
occurring on the property. The
[15:53]
initial iup application
[15:55]
included three portable
[15:55]
chillers. However, the
[15:57]
applicant modified the request
[15:59]
to add a fourth chiller,
[16:00]
delaying the initial scheduled
[16:02]
public hearing that was
[16:04]
scheduled in MARCH. The four
[16:06]
temporary chillers are located
[16:07]
on the northwest corner of the
[16:09]
building, and comprise of
[16:11]
trained 500 ton air cooled
[16:13]
attack units. As you can see on
[16:15]
the larger site plan, they
[16:16]
re
[16:18]
located here on this kind of
[16:20]
west northwest portion of the
[16:21]
site. I
[16:22]
m just going to zoom in
[16:24]
here. According to the
[16:25]
applicant
[16:25]
s narrative, the
[16:26]
existing chillers on the roof
[16:28]
of the building quote had
[16:30]
reached their end of their
[16:32]
useful life and need to be
[16:34]
replaced in order to ensure
[16:36]
continuous cooling of to the
[16:38]
facility and interruption and
[16:39]
cooling service would
[16:41]
materially affect the operation
[16:43]
of the facility. The use of the
[16:44]
temporary chillers would
[16:46]
provide required chilling for
[16:48]
the use of the data center. The
[16:50]
applicant notes three of the
[16:51]
four chillers could run
[16:52]
simultaneously for up to 24
[16:54]
hours per day, depending on
[16:55]
weather and the number of
[16:57]
servers in use. The fourth
[16:59]
chiller is intended for backup
[17:00]
only, and would operate in the
[17:02]
event of one of the three.
[17:04]
Chillers were to fail. The
[17:06]
chiller set, a, a standard 53
[17:09]
foot flatbed trailer with
[17:11]
mechanical operations exposed
[17:12]
to the open. Here
[17:14]
s a diagram
[17:15]
that was included both within
[17:18]
the narrative and within the
[17:20]
noise study that was provided
[17:21]
to Council as part of the
[17:24]
packet. Here are some
[17:26]
photographs taken on the
[17:29]
property. Back in MARCH that
[17:30]
show the chillers parked on
[17:33]
their current locations. Prior
[17:35]
to construction of the Noise
[17:37]
Wall. As you can see in these
[17:39]
photos, a lot of the mechanical
[17:41]
machinery as part of these
[17:44]
chillers are basically open.
[17:44]
There isn
[17:45]
t maybe a standard
[17:46]
housing that
[17:48]
s maybe covering
[17:49]
basically the the operation of
[17:51]
the mechanical machinery. As
[17:52]
part of the chilling operation.
[17:55]
So all of this is exposed. And
[17:56]
these pictures were taken when
[17:58]
there was only three chillers
[18:00]
on the site. And not the fourth
[18:03]
chiller. According to the
[18:04]
narrative, the applicant
[18:06]
anticipates new permanent
[18:07]
chillers will be installed
[18:10]
within 4 to 6 months. On APRIL
[18:11]
20th, the city received
[18:12]
mechanical plans to install
[18:15]
eight permanent chillers to be
[18:17]
located slightly south of the
[18:20]
temporary chiller location.
[18:21]
That would be approximately in
[18:23]
this location. Right now, as
[18:25]
part of the building permit
[18:26]
that
[18:26]
s been submitted to the
[18:29]
city. They show the chillers in
[18:30]
a new courtyard or mechanical
[18:32]
yard. Basically, within this
[18:37]
area of the of the property.
[18:38]
From the end of FEBRUARY
[18:40]
through the beginning, it was
[18:41]
part of the noise mitigation
[18:42]
and code enforcement. City
[18:44]
staff requested. The applicant
[18:45]
provide a noise study. After
[18:47]
receiving numerous complaints
[18:48]
to evaluate the use of the
[18:51]
temporary chillers. From the
[18:52]
end of FEBRUARY through the
[18:53]
beginning of APRIL, city staff
[18:55]
received about a dozen noise
[18:56]
complaints received relating to
[18:57]
the noise generated from the
[18:59]
site, primarily due to the
[19:02]
operation of the chillers. City
[19:03]
has adopted Minnesota Pollution
[19:05]
Control Agency noise level
[19:06]
standards as called out in
[19:10]
state statutes. The initial esi
[19:11]
engineering noise study that
[19:14]
was provided to staff. And
[19:15]
here
[19:16]
s the Minnesota Pollution
[19:17]
Control noise standards that
[19:21]
are basically adopted in code.
[19:24]
As part of state statutes. So
[19:26]
the esi engineering noise study
[19:28]
that was provided in MARCH did
[19:31]
demonstrate upon their analysis
[19:33]
that noise generated from the
[19:36]
chillers would exceed basically,
[19:38]
those shown in red would
[19:39]
exceed. Basically the noise
[19:42]
standards both within the l ten
[19:45]
and the l 50 levels. As noted
[19:50]
within the MPCa requirements.
[19:52]
So all of those numbers that
[19:53]
are shown in red, that
[19:55]
basically shows that there is
[19:56]
those chillers would basically
[19:58]
be violating those MPCa
[19:59]
standards. So it was their
[20:02]
recommendation that a 20 foot
[20:04]
temporary noise wall should be
[20:05]
constructed on the property to
[20:08]
provide that noise mitigation
[20:09]
or attenuation of that noise in
[20:11]
order to reach those reach
[20:16]
those standards. So city staff
[20:18]
received an updated noise study
[20:19]
conducted the weekend before
[20:23]
the apec meeting last week. And
[20:23]
here
[20:25]
s the basically the noise
[20:27]
wall. So the basically
[20:29]
scaffolding was built around
[20:32]
the three fourths of the
[20:33]
perimeter. Basically that north
[20:36]
side facing the residential
[20:38]
land uses. And here
[20:40]
s a 3d
[20:41]
rendering showing that
[20:43]
scaffolding. This shows
[20:45]
basically those panels being
[20:47]
applied or basically affixed to
[20:49]
that scaffolding to provide
[20:53]
that attenuation to the north.
[20:54]
And here
[20:54]
s just a different
[20:57]
angle. So that scaffolding what
[20:59]
did mt city standards. And
[21:00]
they did provide additional
[21:02]
information basically to meet
[21:04]
when load requirements. And so
[21:06]
so the state did issue a
[21:08]
building permit basically to
[21:09]
address a lot of the noise in
[21:11]
the complaints that were
[21:12]
received from some of the
[21:15]
residents. And then these are
[21:17]
the panels that basically are
[21:17]
affixed to that, that
[21:21]
scaffolding. So following the
[21:25]
construction of t noise wall,
[21:26]
Issi engineering did go out and
[21:29]
complete a follow up noise
[21:32]
udy. Basically indating
[21:35]
that now the numbers basically
[21:38]
taken during one point in tim
[21:41]
on Ail 25th, in the mide of
[21:42]
morning. I do wan to note that
[21:44]
it was from 3 a.M to abo 4
[21:46]
m.,hich is the more
[21:48]
stringent noi standar from
[21:50]
the MPCa tt basically the
[21:53]
noise mitigation haseen
[21:56]
achiedor the site. With the
[21:57]
plication of that, that noise
[22:00]
wall, a couple of other things
[22:02]
that staff jus want to point
[22:03]
out with this report again,
[22:05]
that this was just a single
[22:08]
point in time. On Apr 25th,
[22:09]
between the hours of
[22:12]
essentially 3 a.M and A.M.
[22:13]
And the tperature a that
[22:14]
me was 48 degrees, a noted
[22:17]
within the whin the noise
[22:19]
study itself.He evaluation
[22:20]
did not iicate indicate how
[22:22]
many chillers wer in operati
[22:24]
at the time of the noise
[22:26]
reading. And staff doe note
[22:27]
that operation of the chiers
[22:29]
is partly dependent on the
[22:31]
ily temperature,umidity
[22:32]
levels, and the number of
[22:33]
serversn operationt the
[22:37]
ti. To name a few facto.
[22:38]
Included in the conditions of
[22:40]
the ipi does allow for flow
[22:41]
up nse monoring and
[22:44]
evaluation by esa esi
[22:46]
engineing, as detmined by
[22:51]
city staff. City has issued
[22:54]
viation lettersnd received
[22:57]
an issued citation. To the
[22:59]
applicant. And theepresenting
[23:02]
agent, Eagan Capit llc
[23:03]
citing violaon of the Noise
[23:05]
Pollution regulations and work
[23:07]
thout a pert. That cition
[23:09]
is crentlyending at Dota
[23:16]
County Crt. S as part of the
[23:17]
zong analysis, there are two
[23:19]
land use consideration before
[23:23]
council One,he iep request
[23:25]
self. And then whatas come
[23:28]
up durin staff review and ap
[23:30]
consideration is the land use
[23:32]
and complnce with city. City
[23:35]
zoning. So as indicated, the
[23:38]
opertys zoned Ad reseah
[23:39]
and development, wch t
[23:41]
intent of that zon distrt is
[23:42]
for professnalesearch and
[23:44]
developmen and lited
[23:45]
industrial structure and
[23:47]
operatio, which wl be
[23:48]
compatib wit the
[23:50]
prominantly residential
[23:51]
aracter ofhe surrounding
[23:53]
areas so as to preserve for the
[23:55]
residentsf the city the full
[23:56]
use, benit and enjoyment of
[23:59]
their homesnd property. Tt
[24:01]
is a description taken from
[24:02]
city ce ofhe zon
[24:06]
distct. Lited iustrial
[24:07]
structures are allowed in the d
[24:09]
zone onl I conjunction with
[24:10]
research and development
[24:12]
laboratories and agriculral
[24:14]
tivitiesssociated with
[24:16]
resear a development,
[24:17]
neither o which is currently
[24:19]
ocrring within withi the
[24:22]
building. Dataenters are n
[24:24]
explicit listed asermitted.
[24:26]
Accessory use, nor are they
[24:28]
listed as permitted primaryse
[24:30]
or principal use. Pt of the
[24:33]
reason why the city ultimately
[24:35]
implemented the moratorm. The
[24:37]
primar u a the
[24:38]
predominantly and predomint
[24:40]
occupancy of the building has
[24:42]
been as anffice. The Unisys
[24:44]
data center, or comter center
[24:46]
was consided as an accesso
[24:48]
to the priry use o the
[24:50]
office. Based on zoning
[24:53]
definition,s neither the
[24:54]
evious nor current property
[24:56]
owne has requested a changen
[24:58]
land use or zonin The primary
[25:00]
use of t site rains. Office.
[25:03]
Accessory uses must occupy no
[25:05]
more than 4 of the building
[25:06]
s
[25:07]
squa footage.Er zong
[25:11]
code. And thatccessory uses
[25:13]
st be rsonably necessary
[25:14]
and incidtal to t conduct
[25:17]
the prima or mn use of
[25:20]
the buiing. Staff did
[25:22]
estimate basally the amot
[25:23]
of sque footage within t
[25:23]
building. That
[25:24]
s basical
[25:27]
dedicated f data centers or
[25:28]
the mechanical rooms supportg
[25:30]
the dataenters. At
[25:31]
apoximately 46% of t
[25:34]
overall squareootagef the
[25:36]
building. That does include the
[25:37]
raed floor area for the
[25:39]
server Also, the mechacal
[25:41]
roomhat help operate the
[25:44]
ta center. However the
[25:45]
office portion o the building,
[25:47]
on fullyccupied by Usys
[25:49]
employee is nowntirely
[25:51]
vacant. Save for a small area
[25:53]
for dedicated staff responsle
[25:54]
forhe operation of the data
[25:56]
center Additiolly, the
[25:57]
property owner hasiven no
[25:59]
indication totaff of Re
[26:01]
occupying t offic portion of
[26:02]
theuilding, thus making t
[26:04]
data cenr therincipal use
[26:07]
the property. The IEPust
[26:09]
meet the perfoance standards
[26:12]
for outdoor storage. But also
[26:14]
the revw critea for the iep
[26:15]
and additiona standar for
[26:18]
granting a conditional use. The
[26:21]
p standds can generally are
[26:23]
generally he been met, say,
[26:24]
for criteria number five that
[26:28]
references the c standards
[26:30]
which rd the use meets the
[26:32]
stdards set forth in t
[26:33]
zoningegulations here in
[26:34]
verningonditional use
[26:37]
permits. A part ofhat Cop
[26:39]
review criria. Nber one
[26:40]
states that itill not b
[26:42]
detrimenta to or endanger the
[26:46]
public healt. Rea in part.
[26:48]
Also, the cp riew critea
[26:51]
ates that the use will also
[26:53]
use not involvectivities,
[26:54]
press merials, equipnt,
[26:57]
and condition of operation.
[26:59]
Thatill be detrimental to t
[27:01]
general welfare bause of
[27:02]
excessive production ofraffic,
[27:05]
noise, smoke fumes, glare or
[27:07]
odors.O those are cerinly
[27:09]
two criteria that cou be
[27:11]
nsidered as part o t
[27:14]
consideratn of the iep
[27:18]
Tonight, partlyhe noise wall
[27:20]
does help mitigate some of the
[27:22]
noise attenuaon. Meeting the
[27:24]
MPCa standards However, it
[27:25]
s
[27:27]
been notic tha ooing noise
[27:29]
and vibration that maybe meet
[27:31]
mpa standards MAY still
[27:33]
continue toasically impac or
[27:35]
afct srounding residents,
[27:36]
even thoug thathose
[27:38]
stanrds, those are meeting
[27:41]
the mpc standards So at the
[27:42]
Advisory Planningommission o
[27:44]
Apri 28th, during the public
[27:47]
hearing, the public comment,
[27:48]
there were publi comments from
[27:50]
14 of the appximately 50
[27:51]
residents in aendance at
[27:54]
nit.He primary concern
[27:55]
we the continuous nse
[27:57]
levels and impact ofuality o
[27:59]
life, constant vibration and
[28:01]
hum of equipnt, future gwth
[28:02]
of the data center along wh
[28:05]
future site improvements.
[28:06]
Questionsf appropriateoning
[28:08]
for data centers and the
[28:09]
environmental impacts relat
[28:12]
to the operation o the dat
[28:15]
ceer. So the apc ultimately
[28:17]
voted to recommend denial on a
[28:19]
six yr old ve of the iep.
[28:21]
After an initial vote to
[28:23]
approv the iep fled and a
[28:26]
one five vote. They cited the
[28:27]
followin findings.
[28:28]
Insuicient information
[28:30]
regarding future plans for the
[28:32]
site. Noise impaco
[28:33]
surroundg residents and
[28:35]
pact touality of life.
[28:36]
Imcts and surroding
[28:38]
residential areas are
[28:39]
inconsistent wh the
[28:41]
Coitional u Permit
[28:42]
requirement that the pposal
[28:44]
will quote, will not be
[28:46]
trimental to or endanger the
[28:47]
public health, safetyr
[28:49]
genera welfare of the
[28:51]
neighborhood ority. And
[28:52]
finally, tha the use does not
[28:54]
pear to be consistent wit
[28:55]
the r d zonin and therefore
[28:57]
doesot meet the cup
[28:59]
requirement that the proposal
[29:00]
will bearmonious wit the
[29:03]
general and applicable specific
[29:05]
objectives of t Comprehensive
[29:06]
Plan in the city code
[29:08]
provision. So wit that, will
[29:10]
conclude. I doant to not
[29:14]
at that the date, action date
[29:16]
deadline, which wasot part of
[29:20]
thour memo is JUNE 17th of
[29:22]
this year. So noticed that
[29:23]
that did not make theover
[29:25]
memo, but that is the action
[29:26]
deadline for tonight
[29:32]
s iep.
[29:34]
Judging by the volum of
[29:36]
docuntation tt the
[29:39]
apicantubmitted yesteay
[29:40]
afternoon, assume you want t
[30:12]
add to tha presentation.
[30:14]
MR. MAY,embersf the
[30:15]
counl. My nam is Micha
[30:16]
Maulies. I
[30:17]
m with Newton Rez
[30:18]
ll and I
[30:21]
m here on behalf of
[30:23]
Aeon Cital, whichs the
[30:26]
owner o the property. There
[30:27]
s
[30:29]
been a lot of infortion
[30:31]
presend t theo the to the
[30:35]
ci, bot from staff and from
[30:37]
Ian Cital. And there
[30:39]
s goi
[30:40]
to be lot ofiscussion.
[30:42]
Presumably on a on a numr of
[30:43]
topics tight. But
[30:44]
d like to
[30:45]
I
[30:46]
d like to focus on several
[30:49]
issues. The first issue is that
[30:53]
this propert has bn and has
[30:55]
always been a data center. It
[30:58]
was opened as a data center. It
[31:00]
was orated as aata center.
[31:01]
If you loo at the cerficates
[31:03]
of occupancyor this prorty,
[31:04]
theirst thing that you see on
[31:06]
them is a computer center or
[31:11]
dataenter. We seriously and
[31:13]
strongly disagree with the
[31:15]
suggestion that this I an
[31:17]
accessory u ton office. We
[31:19]
think that theccessoryse
[31:22]
designation has been grafted on
[31:27]
to the. To the tohe
[31:29]
situatn. And think tt if
[31:31]
yo look at the hisry o the
[31:32]
wa that this prorty has been
[31:34]
used, it has consistently and
[31:39]
and andlways been use as a,
[31:43]
as a dataenter. That said,
[31:44]
even if you were to u an
[31:47]
accessory applicaon, iteets
[31:49]
it meets that, it meets tha
[31:52]
test. The second thinghat I
[31:53]
d
[31:56]
like to focus on is tt the
[31:59]
considerion tonight isor an
[32:01]
interim use pmit. You
[32:02]
reave
[32:03]
a number of pple here who are
[32:05]
ing to talk to you about
[32:07]
eir concerns. And, and w
[32:09]
sharehe concerns thathey
[32:12]
have about how the impacts of
[32:14]
dataentersnd,nd a
[32:15]
sinesses on the community.
[32:17]
And I know that t city has
[32:20]
city council, h passed a
[32:21]
moratorium. And the next year
[32:22]
u
[32:23]
re going toearn a lot
[32:24]
about data centers and how the
[32:28]
operat Tonight,hough, I
[32:29]
want to underscehat the
[32:30]
on issue that we
[32:31]
re really
[32:32]
talking abouts whethern
[32:35]
interim ierim use permit
[32:37]
shou be granted Now, there
[32:39]
e a lot ofopics about the
[32:40]
goods a the bads and the
[32:42]
pluses andinuses of data
[32:44]
centers.Nd that
[32:45]
s not really
[32:47]
the the topic for the
[32:49]
diussion tonight. Beyond
[32:50]
that, which applies to the
[32:56]
interim useermit. Whe w
[32:58]
wa to talk a ltle bit abo
[33:00]
thehillers for aecond, the
[33:04]
chlers are water bed
[33:05]
chillers on top of the
[33:08]
ilding,nd they hav end
[33:10]
their the useful life. Wn
[33:13]
we applied for an pertor
[33:17]
th for the mechanical permit
[33:19]
at the end of DECEMBER for the
[33:21]
interior of the building to
[33:23]
reace somef the chiller
[33:24]
lines there, we recognid that
[33:27]
the chillerines going up to
[33:28]
the rftop chierseren
[33:29]
t
[33:30]
going to work,nd the rooft
[33:31]
chillers had had rched the
[33:32]
end of their usel life.
[33:34]
Sorry. Can you rept that?
[33:37]
Realid that the rooftop
[33:39]
chillers had reach the end of
[33:40]
their life. As we were srting
[33:46]
to work on the the. Interior
[33:47]
improvemen.
[33:48]
Okay.
[33:49]
When was that?
[33:50]
I apologize.
[33:51]
As weere as we were working
[33:52]
on the interior improvements.
[33:53]
Thank you.
[33:55]
N you can you speak up?
[33:56]
Okay.
[33:57]
M sorry.
[33:58]
Than you.
[34:02]
The Chiller that were
[34:04]
installed in the on the on the
[34:05]
rotop of the building are old
[34:07]
styl chillers. Been thereor
[34:09]
a lg time. Theyse
[34:12]
approximatel.4 million
[34:15]
gallons of water a year. 2.4
[34:19]
million gallo of water.
[34:20]
The
[34:21]
s much more. Better
[34:23]
modern technolognd t
[34:25]
decision was made to rlace
[34:27]
those chiller y had had to
[34:28]
reace them. And what the
[34:29]
questi was, what weere
[34:30]
going t place them with, going
[34:31]
to replacehem with a closed
[34:32]
system that doesn
[34:33]
t use water,
[34:35]
it use refrigerant. And
[34:36]
basically, oe the
[34:37]
re filled,
[34:39]
us no water at all. We
[34:40]
ve
[34:43]
bmitted into theecord a
[34:45]
report from council or from a
[34:48]
fr appropriate engineer that
[34:50]
certifies tt instead of using
[34:52]
4 o 2.7 million galns o
[34:54]
water year, this will
[34:55]
bacally use no water here.
[34:57]
It
[34:58]
s a good and smart
[35:00]
environmenta choice to make.
[35:02]
When w instaed those
[35:04]
chillers, we didn
[35:05]
t belve we
[35:06]
needed a pert. Thereasn
[35:07]
t
[35:08]
an electrical permit. There
[35:09]
wasn
[35:11]
t a mechacal permit to
[35:13]
be had Staff tolds that we
[35:18]
needed an iup. We dagree to
[35:20]
so extent. Not toome
[35:23]
extente disage tha aup
[35:26]
isctually called for her
[35:29]
en we looke at the statutory
[35:31]
language that it permits the
[35:32]
overnight stora of
[35:35]
rchandise, splies,
[35:37]
mateals, fished goods or
[35:39]
inventory, o other movable
[35:42]
propty o motor vehicles
[35:43]
doesn
[35:45]
t really fit that
[35:46]
definition. These are
[35:49]
mechanical stems tha serve
[35:50]
the building. The
[35:52]
re not
[35:53]
finished goods on a pallet.
[35:54]
Th
[35:55]
re not truck being parked
[35:57]
overnit.Nd Ihink weave
[35:58]
the right and the ality to
[35:59]
matain the electrical and
[36:01]
mechanical systems of the
[36:04]
building. Nonheless, within
[36:06]
days after receiving aotice
[36:09]
from the planng deptment
[36:11]
that theyhought an iup was
[36:13]
necessary. Wepplied for one
[36:15]
an w provided the cit all
[36:16]
the informaon tt the city
[36:18]
aske for,ncluding
[36:20]
eliminary noise studies. And
[36:22]
when the noi studies came
[36:23]
back as pnner, Sultz sai
[36:26]
th the initial noise studies
[36:27]
were bas upon the tecical
[36:30]
specificatio of t train
[36:32]
illers thatere goingo be
[36:34]
that were goi to be inslled
[36:35]
evenefore the chiers run
[36:38]
on.N place, andhose
[36:40]
suested that we would excd
[36:42]
least the nighttime
[36:46]
standards imposed by the Ma.
[36:50]
As a rult,e desned a
[36:52]
und barrier, a to support
[36:54]
the sound barrier, we
[36:57]
established scaffolding. Sff
[36:58]
asd for us to get a
[36:59]
mechanical eineer, a
[37:01]
structur enginr, toeport
[37:03]
on the strucral nature of the
[37:05]
scaffolding. We did that. W
[37:08]
installed the we install the
[37:10]
chillers, we installed the
[37:11]
scaffolding, we installed the
[37:14]
sound barrier a then we had
[37:16]
si, the snd eineer, go
[37:18]
out and do actlesting. As
[37:22]
planner, Schtz said. And the
[37:23]
report that
[37:25]
s in you file
[37:30]
indicates that that the noise
[37:33]
standards are being met. We
[37:34]
don
[37:36]
have anyther evidence
[37:37]
that the noise standards are
[37:40]
not beingdhered to. We have
[37:42]
prided the city the evince
[37:47]
and the and the expertnalysis
[37:48]
at they
[37:50]
ve asked for. If the
[37:51]
city has other tesng that
[37:52]
they
[37:54]
ve asked us to want u to
[37:55]
do, we wld certainly comply
[37:56]
with tha But w believe that
[37:58]
the testi in good faith shows
[38:00]
at the that the nse
[38:02]
standards standards are bei
[38:06]
sasfied. The other thing I
[38:07]
nt to emphasize I the report
[38:12]
that the sff provided. Lis
[38:14]
all the standards tt needo
[38:18]
be satisfied in oer for the
[38:20]
interim use pmit to be to be
[38:22]
issued. And you
[38:23]
notice that
[38:25]
onach one o them,taff
[38:26]
indicated that the standard had
[38:30]
been met,nd we still take the
[38:31]
posion that the standards
[38:32]
have been met a we hav
[38:33]
t
[38:35]
en anything to the conary.
[38:38]
And we belie that. On t
[38:39]
basis of the ft that this
[38:41]
operty is being operated
[38:44]
within the zoning code,
[38:46]
regaless of whether or not
[38:47]
you call it an aessory, use
[38:49]
or acknowledge that it
[38:50]
s been
[38:51]
used f mor than 40 years as
[38:53]
a data cente and tha allhe
[38:55]
technil requirements with
[38:57]
respecto the chiller hav
[38:59]
been met We ask that this
[39:02]
permit be issd. What we
[39:03]
re
[39:05]
going to doith the future
[39:06]
with respect to a permanent
[39:07]
chillers which are uer
[39:09]
consideration for pmit, I
[39:10]
ink is a discussion for a
[39:13]
diffent day.Hether these
[39:16]
whethe thisataenter, which
[39:18]
probably conforms to the or
[39:19]
which does conform to the
[39:21]
moratorium exctions, is going
[39:25]
to be part of your ovell data
[39:26]
nter construct. Tt
[39:28]
s
[39:29]
somethingor the Cityouncil
[39:31]
to take ups part as par of
[39:32]
its discussion, alysisf
[39:34]
da centers generally. So we
[39:36]
d
[39:37]
like to foc tonig onhe
[39:39]
iup and believe that we
[39:40]
ve
[39:41]
satisfied the in good faith,
[39:43]
the cit
[39:44]
s standards for the
[39:46]
issuce ofhat permit. I
[39:47]
m
[39:48]
happy to stand for any
[39:50]
questions. And also with me
[39:51]
tonight, I should add, is
[39:53]
Howard Ralston from
[39:54]
Fredickson, who was actings
[39:56]
legal counsel f usonight.
[39:57]
Both he and I will be happy to
[39:58]
answer any questionshat you
[40:00]
ve.
[40:02]
Ank you. Michael Council.
[40:03]
I
[40:05]
ll have some. I
[40:06]
m sure that
[40:07]
yo will alsoave som as
[40:09]
well. But queions of the
[40:12]
applicant or sta and if it
[40:14]
s
[40:15]
okay, Micha, I
[40:17]
ll, I
[40:18]
ll srt
[40:20]
withou. I
[40:21]
ll tryo refer to
[40:22]
you as Mhael and to him as
[40:24]
Miker MR. Schtz. We
[40:30]
figure it o. But. MAY I
[40:32]
kind ofant to go bk and
[40:33]
stt at the beginning Perps
[40:37]
I. Sufficeo say, w
[40:38]
re at a
[40:40]
irly ntraditional pho
[40:43]
th meeting tonig. Fairmont
[40:47]
of confuon in details. In the
[40:49]
preding mths. And that was
[40:51]
evident in my viewing of thef
[40:54]
th apec meeting as well. And
[40:56]
partularly challenging is
[40:57]
piecing togetherome of the
[41:01]
timelines of events. So I
[41:03]
m
[41:04]
going to ask youo maybeust
[41:06]
start at the beginning. And how
[41:11]
does. Egan capital llc guess
[41:16]
it is come to the purchase of
[41:19]
this blding. And and to
[41:22]
purchase theuilding and and
[41:25]
it closed in Novber. I assume
[41:26]
there was some ierest
[41:27]
previous t that. Can you tell
[41:28]
me abo that,bout jus that
[41:29]
process ofcquiring the
[41:32]
propty? And what whathelc
[41:34]
was interesdn acquiring a
[41:36]
what was the business being
[41:37]
transferred fromomewhere els?
[41:40]
Or if you can kin of start
[41:41]
there, guess, ande
[41:43]
ll try
[41:44]
to sort this out a littl bit.
[41:45]
MR. Mayor, I
[41:47]
ll try and answer
[41:48]
the questns as best I can
[41:52]
Egan capital and its affiltes
[41:54]
have an intest I iron gate
[41:56]
data centers, which areata
[41:57]
nters that operate elsewhere
[42:02]
inhe Twinities. Okay. Egan
[42:05]
catal was aware thathis was
[42:07]
beingperated as a data
[42:14]
center. Unisysad it for sale.
[42:16]
Unisys was operatedrimarily
[42:17]
as a data center. Wn we
[42:19]
bought I there were very few
[42:20]
employees, ver few office
[42:26]
functions. W met the offer and
[42:28]
closed o it in Novber. Okay.
[42:30]
And and intend to use I as a
[42:32]
data center going forwa.
[42:34]
Than you.
[42:37]
And I assume that.
[42:38]
And MAY.
[42:40]
I.
[42:41]
MAY I interrupt one time? I
[42:43]
apologize.Ot onlyo we
[42:44]
tend to opete it. Wee are
[42:46]
operatg it, and we hav a
[42:49]
tent who h occupied the
[42:50]
propertynd who has invted a
[42:52]
significant amount of money in
[42:54]
the servers that go into the
[42:56]
preparatn of a data cenr.
[42:59]
As has as has Egan Capital. So.
[43:01]
Okay.
[43:04]
An so you have one tenant.
[43:05]
One tenant.
[43:06]
Okay.
[43:08]
Thank you.
[43:09]
And whi isot unusual for
[43:11]
data centers.
[43:14]
Understandle. And a you as
[43:15]
as you can capital I don
[43:17]
t mean
[43:18]
to say y, but you
[43:21]
representing them. So a as
[43:22]
you conside the purase. I
[43:23]
assume you d the usuue
[43:24]
ligence behd the purase.
[43:26]
Ke this.
[43:27]
I yes, I think tha
[43:28]
s a correct
[43:30]
assumpon.
[43:31]
Okay. So.
[43:32]
Sowo lels ofue diligence
[43:38]
I guess. Well, maybe three.
[43:40]
It
[43:41]
s par of the the confusion
[43:44]
r me is that this project
[43:47]
cos through a couple of
[43:50]
different pathways thare
[43:53]
fairly nontraditiona from wt
[43:58]
we ordinary would see. A the
[43:59]
the and I
[44:01]
ll get to it. B
[44:03]
th the back a forth about
[44:05]
putting outdoor storage
[44:07]
chillers in place a operating
[44:10]
them befe havg the permit
[44:13]
is non-traditional to be my
[44:18]
kindest. And and the fact and
[44:20]
usually with a with a a
[44:21]
buildi purpose auilding
[44:24]
purchase this lar and a
[44:26]
building that has some fairly
[44:27]
high profi in the communi.
[44:28]
I mean, it was a focus o a
[44:31]
fairly focused publi vioning
[44:35]
process. I was caut up in
[44:36]
our city
[44:38]
s general conces
[44:41]
about the officearket. It was
[44:44]
in all the papers.Ute would
[44:46]
uslly with a building that a
[44:48]
a a an investment tha large,
[44:49]
usually deal woun
[44:51]
t close
[44:56]
until the Until the pchaser
[44:58]
t the legal entitlements that
[44:59]
they needed.Ou
[45:01]
d do a
[45:02]
contingent purpose or
[45:04]
contingent purchase.Nd most
[45:07]
projects in Ean come that
[45:09]
way. And this is the first time
[45:10]
that yr client is aually
[45:12]
talking wh the city council
[45:14]
or putting in applicatis wit
[45:16]
the city.Orrect.
[45:17]
Ielieveo. Well, tre MAY
[45:19]
have been, other thanhe
[45:21]
mechanal pmits that were
[45:22]
requested after welosed.
[45:24]
Righ
[45:26]
But I mea you haven
[45:27]
t
[45:29]
bmitted anyand use
[45:30]
applicatns or any plan
[45:32]
developmen or anything le
[45:33]
that tohis council to
[45:35]
consider and toass on to
[45:37]
ensure that you would hav the
[45:39]
entlements to u the
[45:41]
property the way that you
[45:43]
wanted to.Orrect.
[45:45]
MR. Mayor, respectfully, we
[45:47]
believe thathe property is
[45:48]
zoned.
[45:50]
I
[45:52]
m not
[45:54]
m not askg what you
[45:55]
believ I
[45:57]
m askg what
[45:58]
s
[46:00]
happened.
[46:02]
Did n.
[46:04]
Okay.
[46:06]
Forhat reason, we d not.
[46:07]
I appreciat that, so. So you
[46:09]
purchased the building.Ithout
[46:10]
any contingt. Contient on
[46:11]
on. On on entlements.
[46:13]
Corrt.
[46:14]
i can
[46:16]
t speak to what the
[46:17]
contingencies in the purchase
[46:19]
agreemt were.
[46:20]
Ca you.
[46:21]
Te me theeal has closed?
[46:23]
Correct. It I
[46:25]
Okay.
[46:26]
You didn
[46:28]
t pureny
[46:29]
additionalntitlementso the
[46:30]
to the property? Correct
[46:32]
That is correct.
[46:34]
Okay.
[46:35]
D your side, inhe due
[46:36]
diligence. Your client. I
[46:37]
assume, having been having had
[46:39]
this propert involve inome
[46:40]
fair largeommunity
[46:41]
conversatis. You did the due
[46:42]
diligenc to loo at what the
[46:44]
guiding a t zoning was on
[46:45]
the propertyhat you were
[46:47]
purchasing.
[46:48]
I tnk you can make that
[46:50]
assumption. Yeah.
[46:51]
Okay. I
[46:53]
m not. I
[46:54]
m asking you
[46:55]
not if you think I can make
[46:57]
that assumptio Did you look
[46:58]
into the entlements?
[46:59]
I
[47:01]
I
[47:02]
m cerinhat that Eden
[47:04]
Capital looked at how the
[47:05]
operty was zoned and how it
[47:06]
was being used.
[47:07]
I
[47:09]
m sor. How was how my
[47:10]
qution was guided and zoned.
[47:11]
Did y look into that?
[47:12]
How was guided and how it was
[47:14]
zoned? And as it affected the
[47:15]
intended use o the property?
[47:16]
Allight. So you cite the
[47:17]
certificate of occupcy as the
[47:18]
the leading indicator that it
[47:19]
s
[47:20]
a data center,orrect?
[47:22]
s. From 1987 and 198
[47:24]
And I. Jus for tho in the
[47:26]
room who who don
[47:27]
t follow these
[47:28]
kis of things, what is thi
[47:30]
certifice of oupancy.
[47:32]
Certify. What is it? What is it
[47:33]
entitle.?
[47:35]
The certificaf occupancy
[47:38]
indicated that the standards
[47:40]
for oration,or openi and
[47:42]
conductingusiness ashey
[47:46]
exted in 1987, 1988, were
[47:47]
met.
[47:49]
From aut from a from a but
[47:50]
it
[47:52]
s from building code is a
[47:53]
ceificate of occupancy. It
[47:54]
ceifies that the space can be
[47:56]
safely occupie Well it peopl
[47:58]
correct.
[48:00]
Yes. But the relevance please.
[48:01]
I
[48:03]
llsk the question to your
[48:05]
mind. So in real estate terms
[48:07]
or landse terms, is a
[48:09]
certifate of occancy a
[48:10]
certicate of occupancy. The
[48:11]
ntrollingocument on ld
[48:14]
useesignations.
[48:15]
Don
[48:17]
t kw the answe to
[48:18]
that. I know how theity
[48:19]
referred to it. The city called
[48:21]
it a dat cente City cald
[48:22]
it computer center.
[48:24]
And I
[48:25]
m not. I
[48:26]
mot asking you
[48:27]
what it was called in the
[48:28]
cuments. I
[48:30]
m askingou, does
[48:31]
a cerficate ofccupancy? Is
[48:32]
that the controlli document
[48:35]
to allable or d allowab
[48:37]
land uses?
[48:38]
It maye part o the record of
[48:40]
it.
[48:41]
Okay,
[48:43]
ll pause here.R. City
[48:45]
attorn, what
[48:46]
s the
[48:47]
controlling document on land
[48:49]
use entitlements?
[48:50]
MR. MAY, the lan use
[48:51]
entitlements would be the
[48:53]
corehensive gde plannd
[48:54]
the uerlying zing.
[48:56]
And with the certificate
[48:57]
docunts, do youave anything
[48:59]
to do wh entitling ld use?
[49:00]
No, MR. Mayor.
[49:01]
Thankou, I appreate tha
[49:04]
So we have a disagreent.
[49:05]
Understandle.Hat
[49:07]
s fine. In
[49:08]
term of the d diligence o
[49:12]
theroperty. A one of the
[49:14]
question I had was your your
[49:16]
your tent I currentoing
[49:18]
business. Yes As a data
[49:21]
center And and was that
[49:23]
business transfeed in ors
[49:25]
thatew business fromhen you
[49:27]
acquired theuilding?
[49:29]
Well, Unisys owned the
[49:30]
building
[49:32]
I uerstand
[49:33]
That.
[49:34]
Unisys is no longer operating
[49:36]
there. I don
[49:37]
t I
[49:38]
m not sure I
[49:40]
understa the questio MR.
[49:41]
Mayor.
[49:42]
Did your your operating a
[49:44]
business So yououou you
[49:45]
cled on the busins and
[49:46]
starte to be able to use it in
[49:47]
NOVEMBER?
[49:49]
We we csedn the propey
[49:50]
and have leased it to a to a
[49:51]
new operator.
[49:52]
Okay.
[49:54]
Soefore that tre was no use
[49:58]
going on in there. Aside from
[50:00]
what whathe entled uses
[50:02]
were. But ts is a new start
[50:03]
up busins. You bght it with
[50:04]
the intention of starting to
[50:05]
erate it a a data center.
[50:07]
Starting in when.
[50:09]
I disagree with theay you
[50:12]
posed t question. T data
[50:15]
center was a operation Da
[50:18]
center is still in operation.
[50:20]
Okay Is the client the same?
[50:22]
The the parties opeting it
[50:23]
are not theame because the
[50:25]
ownershiphanged.
[50:26]
Okay. I
[50:27]
.
[50:28]
Ll leave this off
[50:29]
to the side. Good idea. In the.
[50:30]
In the in the way of due
[50:34]
diligence. What? What level of
[50:36]
spection did y do on the
[50:37]
existing coors in the
[50:39]
builng?
[50:40]
I don
[50:41]
t know the answer to
[50:42]
that.
[50:43]
Okay, I
[50:44]
m.
[50:45]
I
[50:46]
m assuming tha. I
[50:47]
m assuming
[50:50]
at the that Eag was aware
[50:52]
of t condition ofhe
[50:52]
builng generally.
[50:54]
And whoas that?
[50:56]
Eagan capital.
[50:57]
Thank you.
[50:58]
Was aware o theeneral
[51:00]
condition of the propey and
[51:01]
at needed to be done.
[51:02]
Okay.
[51:04]
So a we auminghat whene
[51:06]
came in, there was a plan to
[51:08]
bring coolers in, oras the
[51:09]
a disvery or that of t
[51:11]
desireo replace the cooling
[51:14]
syem different from tim of
[51:15]
operationo time of purchase?
[51:16]
I
[51:17]
m not sure I know the answer
[51:18]
to that queion.Y
[51:19]
undetanding is me the
[51:21]
latter tt I wasperating
[51:25]
fine unt w started to make
[51:26]
repas and improvents
[51:27]
interior, and then the
[51:29]
recognition that the cllers
[51:31]
re n goingo beave as
[51:32]
long a le as as oginally
[51:33]
anticipad.
[51:34]
So going into this purchase,
[51:35]
ther wasn
[51:36]
t any inspection of
[51:37]
e system beforand or any
[51:39]
vision off what we
[51:40]
ll do with
[51:41]
this outdated, outmoded.
[51:42]
System.
[51:44]
That
[51:45]
sot a corct statement
[51:46]
think there w discussn
[51:47]
about what thatystem looked
[51:48]
like. I don
[51:49]
think tt we
[51:50]
were ultimatelorrectn how
[51:51]
longhat system was goi to
[51:54]
be funionally operable.
[51:58]
Okay. So.
[51:59]
I
[52:00]
ll fast forward to that. To
[52:01]
the introduction, I
[52:02]
trying to
[52:03]
figure out t timeline here
[52:05]
between thecquisition of the
[52:08]
building and the decision to
[52:12]
put in what at the time were,
[52:13]
let
[52:14]
s say, new cllers,
[52:16]
correct.
[52:18]
Ne pmanent chillersere on
[52:19]
order.
[52:21]
An when was the decisn? Whe
[52:23]
was I so new pmanent
[52:25]
chillers weren ord.
[52:27]
Correct. And is tt the the
[52:28]
th chillers that are the
[52:30]
subjt now of a separate
[52:31]
application?
[52:33]
Yes, sir. Okay.
[52:34]
When was theecision. Wn
[52:35]
were ty put on ord?
[52:36]
I don
[52:37]
tnow the ansr to
[52:38]
that. Okay. We can certainly
[52:39]
find thator you if.
[52:40]
You
[52:41]
d like.O. Tha
[52:42]
s fine.
[52:47]
So before. Before t temrary
[52:49]
chille were put in. Because
[52:50]
that was the first tng that
[52:51]
th was the first decision
[52:52]
that w made, whichas we
[52:54]
needed new w needed new
[52:56]
chillers andhere to put them.
[53:00]
Okay. Sourchased the buildin
[53:01]
at some point. Come to t
[53:02]
conclusion that the the t
[53:03]
chilng systems going to
[53:05]
need to be rlaced. So we
[53:06]
re
[53:10]
going to order. A set of new
[53:12]
permanent chillers.Ut in the
[53:15]
antime, instead of just
[53:15]
waiting f those permane
[53:18]
chillers to aive and totart
[53:19]
upusiness, we
[53:20]
reoing to go
[53:23]
forward and put in tempora
[53:25]
illers to replace aystem
[53:27]
that has failed, as has has the
[53:29]
old stem now ceased to be
[53:31]
workingr ceased operation?
[53:34]
It has been, yes. It
[53:35]
sot
[53:36]
operatingecause it
[53:37]
s been
[53:38]
converted over t the
[53:39]
temporary.
[53:40]
Okay. Okay. So in ord to so
[53:41]
in order to replace that
[53:43]
stem, you bring in four
[53:45]
chille. You he more on back
[53:48]
order, but you bring in four.
[53:50]
And you startperatinghem.
[53:51]
That
[53:53]
s corct. Okay. And at
[53:54]
the tim that you started
[53:56]
operating them, did you did you
[53:57]
think that you
[53:58]
d ordered some
[54:01]
sort of a superuiet chiller?
[54:02]
That wasn
[54:03]
toing to make a
[54:04]
noisend wasn
[54:05]
t gng to be of
[54:06]
any concern?
[54:07]
I don
[54:08]
t know t answer to that.
[54:11]
Why not come into theity and
[54:13]
and checkhead of te? I
[54:14]
would seem to me tt youeem
[54:15]
like an intelligent person. If
[54:16]
you
[54:17]
re going tout a chiller
[54:18]
on the outside, it
[54:19]
s going to
[54:20]
make som noise.Ou wouldn
[54:21]
t.
[54:22]
You wouldn
[54:23]
think that maybe
[54:23]
you should check I with the
[54:24]
city to see if there
[54:25]
s some
[54:26]
so of standards that you need
[54:27]
to go through, o some process
[54:28]
you need too through.
[54:29]
You know, I think, m Mayor,
[54:30]
respectfully w were not aware
[54:31]
th we needed thi permit.
[54:32]
Once we were are of ts
[54:34]
permit and all the city was
[54:36]
aski. We jped on it
[54:38]
imdiately and did evething
[54:40]
the citysked u to do,
[54:42]
includin pticularlyome
[54:43]
ve significant andxtensive
[54:46]
noise stues.
[54:50]
Do I, y and I can
[54:53]
digree on t on t o
[54:54]
coort levels with that
[55:00]
statement. Fr enough. Whyot
[55:04]
act on the permanent chiers
[55:05]
in advance If you knew tt?
[55:06]
That
[55:07]
s where we
[55:08]
reoing the
[55:10]
ole time. I, I
[55:11]
m kin of
[55:12]
baffled by this. Usually in the
[55:14]
ornary cours you
[55:15]
reoing
[55:16]
to purche a property. You
[55:17]
d
[55:18]
purchase it on ctingency,
[55:19]
you
[55:20]
d go tohe city, y
[55:21]
d
[55:22]
say,e
[55:23]
re going toave this
[55:24]
iling cooling system. We
[55:24]
re
[55:25]
going toeed to add permanent
[55:26]
coolero t system. And and
[55:28]
you kw, we
[55:29]
ll want t know
[55:30]
whathe process is f adding
[55:32]
that. Ande bui it all into
[55:35]
the same process y insad
[55:37]
are and by the w, y don
[55:39]
t
[55:40]
make the city awa ofhe
[55:41]
permanen chillers a the
[55:43]
permanent cller plans unt
[55:46]
the mdle of Mch. Right.
[55:47]
Think that
[55:50]
s correct. Our our
[55:51]
understanding was that the
[55:53]
perment chillers a simply
[55:54]
rt of theechanical sysm
[55:56]
of the building. And at most,
[55:57]
what w needed w a buiing
[55:59]
permit. At most, what we need
[56:01]
was a building permit too
[56:03]
stall andonnect these. The
[56:05]
replacemt chiers. We kept
[56:07]
building pmitsll theime.
[56:09]
The cy issues building
[56:10]
permits all the time. It
[56:11]
s not
[56:13]
a land use permit. It
[56:14]
s not a
[56:14]
ning pert. It
[56:16]
s auilding
[56:17]
permit. It
[56:17]
s an objective
[56:21]
andard that the city city.
[56:22]
Youon
[56:23]
t look athe zoning,
[56:24]
you don
[56:25]
look at t zoning
[56:26]
indications and realize, oh,
[56:27]
shoot, there
[56:28]
s something out o
[56:29]
whack here because outdoor
[56:30]
store isot allowedn major
[56:31]
office resrch and
[56:32]
development.
[56:33]
Well we disagehat thiss
[56:36]
outdr storage MR. Mayor.
[56:37]
Okay.
[56:39]
And the permant cllers are
[56:40]
going to have wall around
[56:45]
them. And if.
[56:47]
I really, really quick
[56:48]
question
[56:49]
Yeah, yea I
[56:50]
ll, I
[56:51]
ll let.
[56:52]
You take itn a dovetail on
[56:53]
that. There was a building
[56:54]
permit granted for the
[56:56]
teorary wall in order to
[56:57]
mitiga the temporary pblem.
[57:00]
Correct. Was there a buiing
[57:02]
permit graed for the outdoor
[57:05]
chillers? Okay, s if what I
[57:06]
m
[57:07]
having a proem with isf the
[57:09]
argunt I ts is a outdoor
[57:10]
storagt
[57:10]
s an improvement to
[57:12]
e building. How could that
[57:13]
haveccurred without a
[57:15]
buding permit? I it
[57:16]
s not
[57:17]
outdoor storage a it
[57:18]
s an
[57:19]
expansion or an aertinence to
[57:21]
the blding itself, that would
[57:22]
reque a building permit,
[57:23]
because tt
[57:24]
s a substantial
[57:24]
change of t use and t
[57:26]
footprint.
[57:27]
We
[57:28]
re not changing the
[57:29]
footprint. Cncilember
[57:31]
kken not changin the
[57:32]
otprint of the blding.
[57:35]
Well, the the I, Iuess I
[57:35]
m
[57:36]
saying I
[57:37]
m having aard time
[57:39]
understanding how you can he
[57:39]
it bot ways. It
[57:40]
either
[57:42]
outdoor storage of eipment or
[57:44]
s an expansi of o the
[57:45]
equipment that
[57:46]
s pertinent to
[57:47]
the building, in which case
[57:48]
you
[57:49]
d need some type of oer
[57:50]
perm.
[57:51]
MR. Mor.
[57:54]
Councian.He the. Tempory
[57:55]
chillers requid.
[57:56]
A mechanical.
[57:58]
Permit to connect them.
[58:00]
To connect them to the
[58:05]
building. Andtaffctually
[58:07]
found out b accident. Tse
[58:09]
we there theyre. In terms
[58:10]
ofhether they
[58:11]
reutdoor
[58:12]
storage, they are they are
[58:13]
mobile. They
[58:14]
on Flatbeds.
[58:15]
They are not pernently
[58:16]
connecte to the building.
[58:17]
They
[58:18]
reonnected b you know,
[58:19]
you saw the ptures sort of
[58:22]
orangeoses. Theytaff. We
[58:23]
interpret o zoningrdinance.
[58:24]
The city ierprets. This I
[58:27]
outdoor storage. They did
[58:29]
require a mechanical permit to
[58:32]
coect thato the buildg.
[58:33]
They did fileor that
[58:36]
chanicalermit. Hower,
[58:37]
whene started recving nse
[58:38]
colaints the e of FEBRUARY,
[58:40]
we we went out to theite,
[58:42]
reized that thohose
[58:44]
temporary chillers we
[58:46]
operational prior toeceiving
[58:48]
that mechanical pert, which
[58:53]
isnusual. At tt point, w
[58:55]
we had aeady with the I,
[58:58]
said they need some provi a
[58:59]
noise study. We saw this
[59:01]
equipment there, realized tha
[59:02]
we
[59:03]
ll probably mak noise. It
[59:04]
s
[59:06]
not srounded by wls like a
[59:09]
rmanent system would be. We
[59:11]
required a noisetudy wh
[59:13]
thei iup. Once we saw their
[59:14]
operational, weaturally
[59:16]
formed themo the building
[59:16]
official that you can
[59:18]
t be
[59:19]
operating these without a
[59:21]
mechanical permit.Kay. They
[59:24]
chose not to cease operations.
[59:25]
Did strongly recommend they
[59:26]
submit a noise study prior to
[59:28]
th apec meeti, whichas at
[59:29]
that point wascheduled f
[59:33]
Marc 19th.E continue to
[59:34]
ceive complaints from the
[59:38]
public We g the results of
[59:39]
th noise study back, wch
[59:41]
said that, in fact, the
[59:44]
chlers exceed.
[59:47]
Yep. So I mean, I guess thiss
[59:48]
soy. I
[59:49]
m gng.
[59:51]
To keep gng. No, no.
[59:51]
Please go. This is a question
[59:53]
for our city attorney. I mn,
[59:53]
there
[59:56]
s diffence between
[59:58]
portable property and items
[1:00:00]
at are an attack, an
[1:00:01]
attachme to the blt. Those
[1:00:04]
rooftop units are considered an
[1:00:05]
improvemen and an attachment
[1:00:09]
to the building stuffhat
[1:00:11]
plug in and can be haud away
[1:00:12]
is not considered permanent
[1:00:15]
imovemento the buildin
[1:00:17]
MR. Mayor, COUNCILMAN, my lal
[1:00:18]
opion would be thi is.
[1:00:20]
Outside storagend they wou
[1:00:21]
need an iup. This I what they
[1:00:23]
applied for Theup, that
[1:00:25]
the actionefore youonight.
[1:00:26]
Okay. That was the
[1:00:27]
clarification I nded. Tha
[1:00:30]
you.
[1:00:31]
Iuess what I
[1:00:32]
m trying to get
[1:00:39]
to is I They were on Flatbeds.
[1:00:40]
It
[1:00:41]
secause they
[1:00:43]
re tporary
[1:00:44]
But you
[1:00:45]
re saying you thought
[1:00:46]
that theyere permanent, are
[1:00:48]
in your world. Does does
[1:00:50]
permanent constructio arrive
[1:00:51]
onlatbeds and stayn
[1:00:52]
Flatbeds
[1:00:54]
noture what you
[1:00:55]
re. Wha
[1:00:57]
wh? Your question is, MR.
[1:00:58]
Mayor.
[1:01:00]
m trying t understand the
[1:01:03]
timing between t perception
[1:01:09]
ofhese four chillerss
[1:01:12]
structural mhanics and the
[1:01:16]
decisi instead to go outnd
[1:01:20]
look for 8 or 9 chillers and
[1:01:21]
ame those as somehow
[1:01:24]
perment, and tn comeack
[1:01:25]
on t back side and say, n
[1:01:27]
no,o, these these are
[1:01:29]
tually temporary
[1:01:31]
ah. You MAY there MAY be a
[1:01:33]
MISS. You MAY not clearly
[1:01:35]
understand the facts
[1:01:36]
Well, I
[1:01:37]
m if Ion
[1:01:38]
t clearly
[1:01:39]
understand the facts I think
[1:01:41]
m, I have help in that..
[1:01:42]
The goal w to provide
[1:01:44]
rmanent cllers. Weidn
[1:01:47]
have thebility to obtn
[1:01:49]
permanent chillers in the time
[1:01:51]
necessary to sercehe
[1:01:54]
property So on a interim
[1:01:59]
basis, we cated a system for
[1:02:01]
temporary chiers. They
[1:02:02]
re
[1:02:03]
going to behere until they
[1:02:04]
re
[1:02:05]
not needed anymore, at which
[1:02:06]
point they
[1:02:07]
ll be replad by
[1:02:10]
permanent chillers in a in a in
[1:02:14]
a masonry sucture tha will
[1:02:18]
bo hide them from view and
[1:02:19]
and deal with any noise
[1:02:23]
concerns. It was I was an
[1:02:26]
interim. Itas an ierim need
[1:02:27]
that we filled. I
[1:02:28]
m not.
[1:02:29]
That
[1:02:30]
not the way. That
[1:02:31]
s not
[1:02:32]
e way that you prented it.
[1:02:33]
You presented it a thisas a
[1:02:34]
mechanal pt of the
[1:02:37]
building,nd I was t replace
[1:02:39]
the existing cooli structure
[1:02:40]
ich we thought we h taken
[1:02:43]
care of by these fr chiller
[1:02:44]
No, I don
[1:02:45]
t think I don
[1:02:46]
t think
[1:02:47]
that
[1:02:47]
s correct
[1:02:48]
characterizaon. Our rooftop
[1:02:50]
illers are rooop chillers.
[1:02:51]
We
[1:02:52]
re not going to work.
[1:02:54]
And assume that Issume that
[1:02:55]
you knew that at some point
[1:02:56]
early on inhe process.
[1:02:57]
Well, at some point,e knew
[1:02:58]
that they were n going to
[1:02:59]
work, wheth they had ather
[1:03:01]
useful lif of two years, three
[1:03:02]
ars, five yrs, ten years. I
[1:03:03]
don
[1:03:04]
t kw the answer to that,
[1:03:07]
t those chierseeded toe
[1:03:08]
replac. Now we hadome
[1:03:09]
chces. We could have replace
[1:03:12]
them with on theoof with
[1:03:14]
exact same chillers.
[1:03:15]
So why didn
[1:03:16]
t you let me ask
[1:03:17]
you that? Whyidn
[1:03:18]
t you do
[1:03:19]
th? Why do we go thiay?
[1:03:20]
Because we had roundabout
[1:03:21]
route.
[1:03:22]
We thoug the cit would
[1:03:23]
prefers not to be using 2.7
[1:03:24]
llion gallons of water a
[1:03:25]
year.
[1:03:26]
Thes are. Did y ask the
[1:03:27]
city?
[1:03:29]
Would the question be. Would
[1:03:30]
the answere different?
[1:03:32]
m notsking wha the answer
[1:03:33]
would haveeen. Did yousk
[1:03:34]
the city aut this?Ou
[1:03:35]
re
[1:03:36]
clearly in aonundrum. And you
[1:03:37]
didn
[1:03:38]
t think to reach o to
[1:03:39]
theity and say what are you
[1:03:40]
guys think abo this? You jt
[1:03:41]
assud what their answe would
[1:03:42]
be.
[1:03:43]
I don
[1:03:44]
t think that was an iss
[1:03:45]
th we needed to tal to t
[1:03:46]
citybout. I think the answe
[1:03:47]
pretty obvus, which is
[1:03:48]
ey
[1:03:49]
re environmeally safe,
[1:03:50]
they
[1:03:51]
re environntally
[1:03:52]
friend. Theyeplace an
[1:03:53]
outmoded, environmental
[1:03:55]
unfriendly system. I
[1:03:56]
m n sure
[1:03:57]
who at ts table woulduggest
[1:03:59]
thate ought totay wit it,
[1:04:00]
but I
[1:04:02]
ll if, if, if, if it is
[1:04:06]
your pference that that we
[1:04:10]
abandon thislan and itall
[1:04:13]
traditional oime chillers
[1:04:15]
back onhe roof, we could
[1:04:16]
certainly look.
[1:04:17]
At it. I
[1:04:18]
s not I don
[1:04:19]
my
[1:04:21]
concern is, I think, quite
[1:04:22]
frankly, it
[1:04:23]
s feeling to me
[1:04:24]
like you did
[1:04:25]
t ask qstions
[1:04:25]
because you didn
[1:04:26]
t want the
[1:04:28]
answers. And, and andhat I
[1:04:30]
feeling le is tt different
[1:04:31]
things emerge at difrent
[1:04:33]
tis in this timele. And
[1:04:34]
that
[1:04:34]
s a lot of wha
[1:04:36]
confing it. And it
[1:04:38]
decisions to make assptions
[1:04:39]
based on the idea that it
[1:04:41]
your opion thatou don
[1:04:42]
need something a opposed to
[1:04:43]
aski the city and followi
[1:04:45]
th legal pross, or at least
[1:04:50]
a tradional process And so,
[1:04:52]
MR. Mayor allhat aside. So
[1:04:53]
let
[1:04:54]
s.
[1:04:55]
Le me just mak an analogy
[1:04:56]
MR. Mayor, if if I buy a singl
[1:04:58]
milyot fromennar Homes,
[1:05:00]
correct. And it
[1:05:01]
zed as
[1:05:03]
single familt
[1:05:04]
s all the
[1:05:06]
areas around it are singl
[1:05:08]
family. A I look at your
[1:05:09]
zoning map and it
[1:05:10]
s r, I
[1:05:12]
probably not going to come I
[1:05:15]
andsk t city for permission
[1:05:17]
or its onion as to wheth or
[1:05:19]
not I am allowed to use that
[1:05:20]
property for residential
[1:05:23]
purposes.Nd in this case, w
[1:05:24]
had a building tt had been
[1:05:26]
used as a data center.
[1:05:27]
No no no n no no no. Y just
[1:05:28]
talked aboutou justalked to
[1:05:29]
me about and I
[1:05:30]
ll get to you in
[1:05:31]
one sond. Yes. Yeah. The
[1:05:32]
vetails. You just you just
[1:05:34]
aske me.Ou just sd that
[1:05:35]
yo would check the zoning and
[1:05:40]
guing right? And that you
[1:05:41]
wouldn
[1:05:42]
come in and a for a
[1:05:43]
difference I the zoning
[1:05:44]
guiding was wha you looked at.
[1:05:45]
T you
[1:05:46]
re telli me that you
[1:05:48]
ca into you bough a property
[1:05:53]
at I r&d, that is not data
[1:05:56]
only pririly, and that you
[1:05:57]
didn
[1:05:57]
t a the questn.
[1:05:59]
Your factsre wrong. Itas
[1:06:01]
data primarily. It was not da.
[1:06:02]
Another.
[1:06:03]
Service counselor, spin, I let
[1:06:04]
you take Mr.Ayor of this.
[1:06:05]
Actually a question of.
[1:06:09]
Aff and it actually you did a
[1:06:11]
great segue for me oningle
[1:06:13]
family homes inn r-1 district.
[1:06:15]
Most inur are hav a
[1:06:17]
detached gager detached
[1:06:18]
gage tt you park your car
[1:06:20]
in. That
[1:06:21]
s an accessory use to
[1:06:25]
the home, crect. So if I were
[1:06:27]
to buy atheringle fily
[1:06:29]
home in my nghborhood and
[1:06:30]
say, you knowhat,
[1:06:31]
m jt
[1:06:33]
goingo parkarsn this lot.
[1:06:34]
No o
[1:06:35]
s going to live there.
[1:06:36]
It
[1:06:37]
s goi to just be my
[1:06:38]
fries myself. I
[1:06:39]
rent it
[1:06:40]
out a just park cars there
[1:06:41]
because it
[1:06:42]
s bn useds a
[1:06:46]
gage everince itas built.
[1:06:49]
Would that be a permitted use
[1:06:52]
for that pperty so no one
[1:06:54]
lives there? It
[1:06:55]
snly being
[1:06:56]
usedor storing cars.
[1:06:58]
MR. Mor, council members
[1:06:58]
subpoena. Tha
[1:06:59]
s aost an
[1:07:01]
exac analogy that I talked
[1:07:02]
out with community
[1:07:04]
developmt Hutmacher a few
[1:07:05]
days agohat similarly, if
[1:07:07]
soone owned a hou with a
[1:07:09]
garagend they deced t rent
[1:07:11]
out the space in their garage
[1:07:13]
and then move from the property
[1:07:14]
with tt be vlating the
[1:07:16]
code and I would say, yes,
[1:07:16]
that they
[1:07:17]
re just basically
[1:07:19]
usg it f stora off
[1:07:20]
personal.
[1:07:21]
Property.
[1:07:21]
Even though tha garage eve
[1:07:22]
bein used for years ago.
[1:07:23]
But if they
[1:07:24]
not occupying it
[1:07:25]
emselves, I would I would
[1:07:26]
milarly see it similar.
[1:07:28]
Got it. Okay. Thank you.
[1:07:29]
Council membe I
[1:07:30]
morry.
[1:07:32]
Just just gohead.
[1:07:33]
Ju to build on that a ltle
[1:07:34]
bi You said during your
[1:07:38]
esentation that t accessory
[1:07:40]
use or seconry use,ou know,
[1:07:41]
e trational use is that
[1:07:42]
ther was a data center or
[1:07:45]
mputing cenr.T was a
[1:07:48]
enterprise data center
[1:07:50]
supptive of the main use o
[1:07:52]
the prorty, whichas
[1:07:54]
search and development.Nd
[1:07:55]
one point, thought you
[1:07:56]
heard you say that. Wel up t
[1:07:59]
49% of the usef the building
[1:08:02]
could be the accsory use. But
[1:08:04]
itegs the qstion, that
[1:08:05]
only I there
[1:08:06]
sn existing
[1:08:07]
imary use. That
[1:08:08]
a use
[1:08:09]
that
[1:08:10]
s within the guiding and
[1:08:12]
zong for the purpose. So if
[1:08:14]
more than 49% of it I being
[1:08:16]
usedor wt was supposed to
[1:08:18]
be the sondary use, or if a
[1:08:19]
ceain portion o it
[1:08:20]
s being
[1:08:21]
used,ut the rest of the
[1:08:22]
building is emptynd
[1:08:22]
undetilized, that doesn
[1:08:25]
seem to fit our standards. Or
[1:08:27]
am Iistaken on that?
[1:08:28]
MR.. Mter mayor, Council
[1:08:30]
member backing that? That
[1:08:32]
correct. I mn, that is really
[1:08:34]
the zoning question of policy
[1:08:35]
beforeou. If there
[1:08:36]
s not an
[1:08:37]
occupant occupying the offic
[1:08:39]
building, is there reall then
[1:08:41]
a principal u that
[1:08:42]
s takg
[1:08:43]
place withi the pperty?Nd
[1:08:44]
is it just only the data
[1:08:45]
center?
[1:08:46]
At some point, the the
[1:08:48]
accessory use,ou know, the
[1:08:50]
tail srts toag the d and
[1:08:51]
it becomes the pmary use.
[1:08:53]
Yeah. Okay. So the other
[1:08:55]
question Iad related to iep
[1:08:57]
is and I already know the
[1:08:58]
answer t the question, but
[1:08:59]
hypothetically, wld we
[1:09:02]
entertain an iep in an
[1:09:04]
industrial zone to introduce
[1:09:06]
resideial houng? Or does
[1:09:08]
that cngehe naturef the
[1:09:10]
guiding and the underlying
[1:09:11]
guidg and zong of the
[1:09:13]
property so muc that it
[1:09:14]
s not
[1:09:15]
reallyppropriate for an iep?
[1:09:17]
Because b granting the iup,
[1:09:18]
you would fundantally change
[1:09:19]
the nature of the u of the
[1:09:21]
property.
[1:09:22]
Mr.Ayor, Councilmber back
[1:09:23]
and correct, we wou not
[1:09:26]
entertain an iep to introduce a
[1:09:27]
permanent useike single
[1:09:28]
familyousing andndustrial
[1:09:29]
ea.
[1:09:30]
But if sebody instedn
[1:09:31]
aski the question, we
[1:09:32]
det
[1:09:34]
th file f the iep. But the
[1:09:36]
answer would be what? What
[1:09:36]
logically be no.
[1:09:38]
Yeah And the proper
[1:09:39]
applicatn wld be t regard
[1:09:41]
a reze theroperty.
[1:09:43]
Okay. Iight have mor
[1:09:44]
questions later, b that
[1:09:46]
good for now
[1:09:50]
ll l meet aside the
[1:09:51]
ning issues. W
[1:09:51]
re going to
[1:09:52]
have some disagementsnd
[1:09:53]
we
[1:09:54]
just have to agr to
[1:09:56]
disaee. I gue on the on the
[1:09:58]
noise migation. I mean, I
[1:10:00]
troubledy the
[1:10:03]
inallation of the We
[1:10:04]
ll just
[1:10:05]
call them the four chiers.
[1:10:06]
Don
[1:10:07]
t know if there were
[1:10:09]
envisioned asermanent time or
[1:10:10]
temporary, a I don
[1:10:10]
t wt to
[1:10:12]
getack on that argent. But
[1:10:14]
at the time ofhe installatio.
[1:10:22]
What was the the the the
[1:10:24]
reasong behind installing
[1:10:26]
them andot having concern
[1:10:29]
about about noise in the
[1:10:32]
surrounding area? I mea help
[1:10:34]
me out with tha
[1:10:35]
i think the assumion w that
[1:10:36]
they would mee theoise
[1:10:39]
standards.
[1:10:47]
Okay.Mpressive I wt to
[1:10:52]
talk about the noise. Studi
[1:10:54]
th were don, my
[1:11:00]
understandg thumbnail is.
[1:11:05]
Installed t. The the fr
[1:11:10]
chlers and the timelinoes
[1:11:12]
for chillers on site. Not yet
[1:11:17]
operational.Ity informs iron
[1:11:23]
gate Need for a iup.Ron
[1:11:26]
gate in beten that
[1:11:28]
notification and actual
[1:11:31]
applationor the I starts
[1:11:33]
to operate thehillers without
[1:11:38]
the permit and ands a resul
[1:11:41]
of conces expressed o passed
[1:11:43]
onrom the city to your
[1:11:45]
applican the noise issue
[1:11:47]
comesp only after you
[1:11:48]
ve
[1:11:50]
started Opetionorrect.
[1:11:53]
I all I recl is tha the
[1:11:56]
noise issue was part of the iup
[1:11:58]
plication that we were
[1:12:02]
requeste to make.
[1:12:06]
MR.. Schultz Mike. Wl, when
[1:12:08]
we when y informed, you
[1:12:10]
informed thepplicant.
[1:12:12]
Informed the sta. Informed
[1:12:13]
I can
[1:12:13]
t rememr for mysf,
[1:12:14]
r one of my staff informed
[1:12:15]
the.
[1:12:16]
Applicant andas that was that
[1:12:18]
was w that as result of
[1:12:20]
noise complaints from the
[1:12:22]
operation or from observati
[1:12:24]
the cooleeing on site?
[1:12:25]
The initial contact w
[1:12:27]
obrvation of the chiers on
[1:12:28]
site.
[1:12:29]
Ay. And at that pnt, we
[1:12:30]
don
[1:12:30]
tnow. That opetion
[1:12:31]
started.
[1:12:32]
At thatoint. Wead notnown
[1:12:33]
operations staed.
[1:12:34]
And had weeceived any noise
[1:12:35]
complaints.
[1:12:36]
Not up until that point.
[1:12:39]
No Okay. Wn did t know
[1:12:41]
when did the chills become
[1:12:42]
operant?
[1:12:43]
I don
[1:12:43]
t kno the I don
[1:12:44]
t know
[1:12:47]
the date. Sometime aftere had
[1:12:48]
be informed that weeeded an
[1:12:51]
iup.
[1:12:54]
Okay. So noise wasn
[1:12:54]
t part of
[1:12:57]
the conversatn of the I
[1:12:59]
untilhe cllersctually
[1:13:01]
started operang, corre?
[1:13:02]
Correct. And the receiving
[1:13:04]
complaints,oise cplaints
[1:13:05]
over the weend fro fm
[1:13:06]
the chillers.
[1:13:09]
Okay. So the resnse to noi
[1:13:10]
colaints is to do a noise
[1:13:12]
study. Correct.
[1:13:13]
Y that again please.
[1:13:15]
Th the the response to the
[1:13:19]
noise cplaints was to do a
[1:13:21]
noise sdy.
[1:13:23]
We did a noise study because
[1:13:27]
the IUPequired it..
[1:13:28]
Does t IUPequire it Mic or
[1:13:29]
did we pas along the concern
[1:13:30]
about noise.
[1:13:33]
Ah Mary. Yeah we we we did
[1:13:34]
ask for the noise study
[1:13:36]
followg theubmittal of the
[1:13:39]
iup applicaon becau of the
[1:13:40]
ar or concerns for noise
[1:13:42]
generated from that. Those
[1:13:43]
compints receid from
[1:13:46]
resident certain supported
[1:13:47]
the nd for aoise study as
[1:13:48]
rt of the applicati.
[1:13:50]
Okay Soe do a noise stu
[1:13:53]
without strucral migation
[1:13:55]
of noise t t to to lev
[1:13:56]
set,orrect?
[1:13:58]
Yes. In fact, I thinkhe noise
[1:14:00]
study wompleted prior to
[1:14:02]
e time tt the installation
[1:14:04]
operation began because it was
[1:14:05]
done based on the
[1:14:08]
specifications that tra gives
[1:14:12]
and notot o not on theasis
[1:14:14]
of, of actl oration that
[1:14:17]
came lat.
[1:14:18]
That doe
[1:14:19]
t.
[1:14:19]
An can you explain that
[1:14:22]
little me? Sure.
[1:14:25]
The. More science than I
[1:14:28]
understand, but but noise
[1:14:30]
studs are oftenmes based on
[1:14:35]
a model of wha what noiill
[1:14:37]
come out of these machines.
[1:14:38]
That dsn
[1:14:39]
t en depend on the
[1:14:40]
machines being operative. They
[1:14:42]
take the specificaonshe
[1:14:44]
ain pvides, and it says
[1:14:47]
they hav the, the the noise
[1:14:49]
engineers have these mels and
[1:14:51]
they say bedn this day
[1:14:52]
time,t should b this
[1:14:53]
nightte, it.
[1:14:54]
Should be this tnel. This
[1:14:54]
sty wasn
[1:14:55]
todeled. There
[1:14:56]
were monits, the were noise
[1:14:58]
monitors moniting decibel
[1:14:58]
levels.
[1:15:00]
The the first study the fir
[1:15:03]
port did not w based solely
[1:15:07]
uponhe specifications monitor
[1:15:11]
then. And they indicated tha
[1:15:12]
we were goingo need some
[1:15:14]
noise migation just based on
[1:15:15]
the specs. A tha
[1:15:16]
s when w
[1:15:19]
arted t process toesign
[1:15:21]
and install the sound barriers
[1:15:23]
d the scaffolng.
[1:15:25]
Th material that you submitt
[1:15:29]
talked aboutour locations
[1:15:31]
arnd the buildg. Onene of
[1:15:32]
them, I belve it wasocation
[1:15:34]
two that was on the east side
[1:15:34]
the building, rig next to
[1:15:37]
Pilot Knob. Ather one was up
[1:15:39]
closer o the north. Thatas,
[1:15:40]
I belve, two. There were
[1:15:42]
three and four tha were o the
[1:15:43]
west and the south side of the
[1:15:45]
budings. Tho were actual
[1:15:46]
monitors. They weren
[1:15:47]
t, as far
[1:15:48]
as I understand. They weren
[1:15:49]
models. They were actual
[1:15:53]
monitors picking up noise.
[1:15:55]
Ther were two noise studies
[1:15:56]
ne.
[1:15:56]
I underand tha
[1:15:58]
Firstne wasone on a model,
[1:16:00]
and that model required based
[1:16:03]
on the city standards. And and
[1:16:04]
. Schultz can tell m if I
[1:16:06]
wrong.Ity standards says you
[1:16:08]
ve to. D you have to model
[1:16:09]
this You have to pvide a
[1:16:13]
noise sdy within 500 o
[1:16:14]
1000ft of every boundary of the
[1:16:17]
property. So the model then
[1:16:19]
take those pointsromhe
[1:16:21]
boundaes of theroperty into
[1:16:23]
consideration andreates the
[1:16:24]
nois study basedn that
[1:16:28]
model. Tn on the secon noise
[1:16:31]
udy, actua monitors were
[1:16:32]
put..
[1:16:35]
.O tell me then, how is it
[1:16:37]
that I read a document today
[1:16:38]
that talked about that, tt
[1:16:41]
thatalked about before the
[1:16:43]
insulated walls, noise
[1:16:46]
asurements being taken
[1:16:48]
throughout a 24 hour, ateast
[1:16:50]
124 houeriod, if not two
[1:16:53]
The model requires the nse
[1:16:54]
measurements ofhat? Of what
[1:16:57]
th existing noise is bore
[1:17:01]
thenstallation. S without
[1:17:03]
they they they get a basele.
[1:17:04]
If I understand the technogy
[1:17:06]
correctly of what the noise is,
[1:17:08]
where the noi isoming fro
[1:17:11]
th they use that a the, as
[1:17:13]
the sort of control for
[1:17:15]
applying the market.
[1:17:18]
I. I thi we
[1:17:19]
re tking about
[1:17:20]
the same thi. I don
[1:17:21]
t I d
[1:17:22]
the moding language to me is
[1:17:24]
no appropriate here. There was
[1:17:26]
actually a sdy don befor
[1:17:29]
the wal were put up that
[1:17:31]
incated thatas tak.
[1:17:34]
Mples over a 24 hr perio
[1:17:36]
ateast one.Orrect.
[1:17:39]
Not samples of the genator.
[1:17:41]
Noise sampl of the.
[1:17:42]
What is thi document up here?
[1:17:44]
What is tt? Wha whatoes
[1:17:44]
at tell me?
[1:17:45]
That
[1:17:46]
s that
[1:17:46]
s his. That
[1:17:47]
s that
[1:17:50]
was baspon the baseline
[1:17:53]
noise monitoring, but not bed
[1:17:57]
on the theoise fro the
[1:17:59]
nerator, though that first
[1:18:01]
studyas simplased un t
[1:18:05]
specificionss apped.
[1:18:07]
When washis? When was thi
[1:18:08]
study done? What was the date
[1:18:14]
the study was done on?
[1:18:16]
I think the first study was
[1:18:20]
done onarch 6th.
[1:18:21]
Okay.
[1:18:23]
MR. MAY.
[1:18:25]
Issued a report on Marchth.
[1:18:26]
They issued a report on MARCH
[1:18:29]
6th. Wn were the when? So are
[1:18:30]
you suggestin that we
[1:18:30]
re not
[1:18:31]
measuremen doner thereere
[1:18:33]
measurents donet this time?
[1:18:35]
M suggestin tre were there
[1:18:37]
were baseline msurements of
[1:18:39]
the sound of the neighborhd
[1:18:41]
at tt time. And it is against
[1:18:43]
thos measurements that the
[1:18:45]
modeli occs..
[1:18:46]
Were the chillers operational
[1:18:47]
at the time?
[1:18:48]
I d
[1:18:49]
t believe so, my lor
[1:18:50]
Mr. MAY.
[1:18:52]
Wellet me.O I
[1:18:53]
m goi to
[1:18:54]
m going to I
[1:18:54]
m going t fp
[1:18:56]
om this stu and
[1:18:57]
ll just
[1:19:00]
be clear. The way this document
[1:19:02]
res to me doesot je wit
[1:19:03]
what y
[1:19:07]
re suggestin.Nd I
[1:19:07]
think it
[1:19:07]
s an important
[1:19:10]
comparison. This offers
[1:19:13]
specific tes and weather
[1:19:15]
condions, resulting I what
[1:19:17]
appears to be a msurement,
[1:19:19]
not a theoreticodeling, but
[1:19:22]
an actual measurement. And this
[1:19:23]
appears toe to tak place
[1:19:29]
over4ours a hou long
[1:19:30]
intervals. I
[1:19:30]
m not se what
[1:19:31]
happens in the in the
[1:19:34]
inteeningour. On Febary
[1:19:37]
26th. When do we start
[1:19:39]
receivg noise complaints?
[1:19:40]
The fir.
[1:19:40]
One.
[1:19:43]
MR. MAY, tirstomplaint
[1:19:44]
was sent to us onebruary
[1:19:45]
th.
[1:19:51]
Ok so, so so the fir time
[1:19:52]
we got a noise complaint was
[1:19:53]
e 28th corre? We don
[1:19:54]
t kw
[1:19:56]
for support You, you you can
[1:19:57]
say when these went
[1:19:57]
operationa
[1:19:58]
Ion
[1:19:59]
t don
[1:19:59]
t have that
[1:20:00]
informationkay.
[1:20:02]
Suffe suffice to s that
[1:20:05]
FEBRUARY 26th and Februar 28th
[1:20:06]
aren somewt clo
[1:20:09]
proxity.Omewhere in the,
[1:20:11]
maybe in between the 26th and
[1:20:12]
the 28th, the chiller went
[1:20:15]
operatnal or they wer
[1:20:16]
operatiol before. We don
[1:20:17]
know. That
[1:20:23]
sine. Now, with
[1:20:26]
this level o detailed data,
[1:20:27]
can youelp me? Can youelp
[1:20:29]
explain? When I go to the APRIL
[1:20:34]
thound sdy, ws that
[1:20:41]
sound study limited? To the
[1:20:45]
ur o to 4 in the morning
[1:20:48]
instead of 24 hour period.
[1:20:50]
Firsy.
[1:20:51]
m not I
[1:20:52]
m not technical
[1:20:54]
qualified to answer that
[1:20:56]
qution. My speculaon is
[1:20:59]
at because theesting f
[1:21:02]
the oth hours ofhe day met
[1:21:05]
the require standards,hat
[1:21:07]
what we were focusing on were
[1:21:09]
therea at times of the day
[1:21:10]
en the sndardsere not
[1:21:11]
being met.
[1:21:13]
Okay. If you
[1:21:14]
ll nice, beten
[1:21:15]
this document and the one we
[1:21:18]
d up before, the fir one
[1:21:22]
showed 24 hours also showed
[1:21:26]
weather conditions very, very
[1:21:29]
specifico the times. This o
[1:21:30]
incles no reference to
[1:21:33]
weher conditions at the time.
[1:21:34]
Why is that?
[1:21:35]
I c
[1:21:36]
t awer those specific
[1:21:38]
chnical queions. I
[1:21:39]
m not.
[1:21:42]
m not a sound engineer
[1:21:44]
Okay, Couilor Bakken o
[1:21:45]
somebo else here.
[1:21:47]
I he some related questns
[1:21:49]
abt noise and MAY for staff
[1:21:52]
on ts chart, the locations
[1:21:55]
one through s, were they on
[1:21:57]
the subject propertyr I the
[1:22:00]
surroundg neighborhoo?
[1:22:01]
Mr. Mor, Councilmeer Bh,
[1:22:02]
andy understanding is that
[1:22:04]
noise studi have to be done
[1:22:06]
at the receiving property lin
[1:22:08]
at theearest point, not not
[1:22:09]
on the subject propey, but at
[1:22:10]
e receiver, rig at the
[1:22:10]
prerty line.
[1:22:12]
Ay. And can can you elain
[1:22:14]
to me the diffence betwe a
[1:22:15]
nac one and an act three
[1:22:16]
receiver?
[1:22:17]
Sohere
[1:22:18]
s classificatn land
[1:22:19]
use classificionshat fall
[1:22:22]
into the nac one, nac two, nac
[1:22:25]
ree, NACne is resential,
[1:22:25]
and so that
[1:22:27]
s where can
[1:22:28]
certainly bng up aap that
[1:22:29]
showsp. But tha
[1:22:30]
resideial. The nac three I
[1:22:32]
believe, is institutialnd
[1:22:35]
pa related land us. So that
[1:22:36]
nac three, where the Srry
[1:22:38]
Tower is at I tnk ishe nac
[1:22:38]
thre
[1:22:44]
Ok. A thehehe noise
[1:22:48]
mits promulged by the p
[1:22:50]
are certainly good guidance,
[1:22:53]
but is the city allow to
[1:22:55]
exerci common sense whent
[1:22:57]
comeso sound, a
[1:22:58]
particularly sinceound is
[1:23:01]
very compl and dending o
[1:23:02]
the frequcy andow it
[1:23:04]
being reflected and different
[1:23:06]
soces emittin theame sound
[1:23:07]
wavean create interferometr
[1:23:08]
So you
[1:23:09]
ve got peaks and troughs
[1:23:11]
ere the waves cancel.Ou can
[1:23:12]
have locations in a certain
[1:23:13]
spot, o it
[1:23:14]
sctually muc
[1:23:16]
loud I terms o decibel tha
[1:23:18]
what you measure even0ft to
[1:23:21]
side. How muc leeway doe the
[1:23:24]
ty have to be mor stringe,
[1:23:25]
or try to apply common sense
[1:23:27]
standards beyond what the pca
[1:23:29]
mightequire through a vy
[1:23:32]
mimal samplin?
[1:23:33]
Llet the cityttorney
[1:23:34]
addresshat.
[1:23:35]
MR. Mayor. Couilmember
[1:23:36]
Bachman, sta statutes does
[1:23:38]
not permit you to b more
[1:23:40]
stringent than the MPCa
[1:23:43]
andards. Hing said that,
[1:23:45]
the stu, you know, youave
[1:23:47]
toompare ales to apples.
[1:23:47]
At what you
[1:23:48]
re doing.O, I
[1:23:48]
mean that
[1:23:49]
s it
[1:23:49]
s a point in
[1:23:52]
time at:00 I the morningn
[1:23:57]
a 48 degree day. So it. You
[1:23:58]
have residts that were athe
[1:23:59]
planningommission tha spoke
[1:24:00]
their home and o the
[1:24:02]
vibrion, and tha
[1:24:03]
s some
[1:24:05]
compelli testimony. But
[1:24:06]
agn, we
[1:24:06]
re notn the
[1:24:07]
busiss of going out and
[1:24:10]
measuring noi. We
[1:24:10]
d probably
[1:24:11]
have t hire someone
[1:24:13]
indepeent. Yeah.
[1:24:14]
Iuess what I
[1:24:15]
m getting at,
[1:24:16]
though,s that t whole
[1:24:18]
reason w have nse staards
[1:24:21]
is becau of t impact on
[1:24:21]
everydayeople
[1:24:23]
s lives, and
[1:24:24]
the noisetudies a certain
[1:24:27]
an attempt to get to that. But
[1:24:28]
cause of the complexityf
[1:24:30]
sound waves and I
[1:24:30]
ve
[1:24:31]
exrienced it myself. I mean,
[1:24:32]
ere
[1:24:32]
s this thi called the
[1:24:34]
Eagan hume think w kind of
[1:24:36]
figured outhere it was, but
[1:24:37]
my house just happens to be a
[1:24:39]
a conveence point whe we
[1:24:41]
ge the troughs ony side of
[1:24:42]
th bed. You can heart. I
[1:24:44]
sur loud on my wife
[1:24:45]
s se of
[1:24:45]
the bed. You can
[1:24:46]
t hea a
[1:24:47]
thing. It
[1:24:48]
s like what?
[1:24:49]
You know.
[1:24:53]
Foureet of differee. So
[1:24:54]
it
[1:24:55]
s it
[1:24:55]
s a big bed.
[1:24:56]
It
[1:24:58]
s like sheet
[1:25:01]
Nuff sd.
[1:25:03]
King size bed California king.
[1:25:03]
Don
[1:25:05]
t think about I too much.
[1:25:06]
Trying not to.
[1:25:08]
T.
[1:25:08]
I.
[1:25:09]
I guess wt I
[1:25:10]
m sing is
[1:25:12]
that,ou know, thereas to b
[1:25:14]
someype of bk end method
[1:25:16]
forelief. Because I you
[1:25:16]
ve
[1:25:19]
got folks who, you know, again,
[1:25:21]
sounds comex, it combines, it
[1:25:24]
propagates in certain ways.
[1:25:25]
They
[1:25:25]
re against the side of the
[1:25:27]
building. So the sound
[1:25:28]
s not
[1:25:30]
radiating inll directions.
[1:25:31]
E sound that would normally
[1:25:33]
go one way I beingeflected
[1:25:34]
and comned with t sound
[1:25:36]
going to the north, and it can
[1:25:38]
do funny things. So when when
[1:25:40]
people he acdotal stoes
[1:25:42]
about the houseibrating.
[1:25:44]
Yeah, ifou get jus the rig
[1:25:45]
sonance frequency, I don
[1:25:46]
know if the things are
[1:25:48]
operating at, at 60Hz or, or
[1:25:49]
whater, like a regular
[1:25:52]
compreor, but y can get
[1:25:54]
stctural resance and it c
[1:25:55]
be a big issue forhe person
[1:25:56]
who
[1:25:56]
on the receiving end of
[1:25:57]
it.
[1:25:58]
Can youpen the wdows in
[1:25:59]
your car just a littl bit, and
[1:26:01]
suenly you get that the whole
[1:26:02]
car starts rattling?
[1:26:03]
Ye, it
[1:26:03]
s the se kindf
[1:26:05]
thing. Yeah.
[1:26:06]
It
[1:26:06]
s balanced.
[1:26:10]
So I, I feel like more needso
[1:26:13]
be don in terms o of if we
[1:26:15]
even get there, mitigatinghe
[1:26:17]
real impacts on peoe who are
[1:26:19]
fected b the sound emitted
[1:26:21]
from tse chillers. And MAY
[1:26:22]
have more questions later about
[1:26:24]
how we can get theref
[1:26:25]
additionalonditions or
[1:26:26]
something lik that.
[1:26:29]
But I.
[1:26:31]
At the end of the day, you you
[1:26:33]
ke measurents at six
[1:26:35]
differentpots. It
[1:26:36]
s hpful,
[1:26:36]
but it doesn
[1:26:38]
t tl you how
[1:26:39]
affected residents are actually
[1:26:41]
experiencinghe noise.
[1:26:43]
And I just had one more
[1:26:44]
queson. Then I
[1:26:45]
Ge
[1:26:46]
Back to you Councilmember But
[1:26:48]
one more. Short line of
[1:26:52]
questioning. I think. Misr
[1:26:54]
Schultz reference the I
[1:26:54]
ll
[1:26:55]
refer to a the APRIL 27th
[1:26:57]
study, ande agreed that
[1:27:00]
actuly atudy,lbeitn
[1:27:01]
hour lg, b itas actual it
[1:27:02]
sn
[1:27:02]
t modeled. Corct?
[1:27:05]
Correct. Okay. A coupl of
[1:27:12]
questis abouthat. What w
[1:27:14]
how many o the four chillers
[1:27:16]
re in operaonnd at what
[1:27:17]
level of opetion?
[1:27:19]
My undstandinghat there
[1:27:20]
were three chillers in
[1:27:21]
operation, because that
[1:27:22]
s t
[1:27:23]
design. T fourth is oy for
[1:27:26]
redundancy If one breaks down.
[1:27:27]
My assumption is tt they were
[1:27:32]
opering. They we operating.
[1:27:33]
I c
[1:27:34]
t tell you a what level
[1:27:36]
Okay, so earlier, Ihink
[1:27:37]
ring your preseation, you
[1:27:41]
suested tt t the esting
[1:27:44]
system had reaed t end o
[1:27:53]
its life and that. That. In t
[1:27:57]
in the for chiller approach.
[1:27:59]
That three of the frhillers
[1:28:01]
would need to be opeted
[1:28:03]
dependent oneather
[1:28:05]
conditions. Is that rht?
[1:28:05]
That
[1:28:06]
s corre.
[1:28:09]
Ay. But you so y don
[1:28:10]
t you
[1:28:12]
ow that that thatou assume
[1:28:13]
th three ofhe four were
[1:28:15]
operational athe time on
[1:28:16]
ril 27th, or y know, that.
[1:28:16]
Three I don
[1:28:17]
t know the awer
[1:28:17]
to that question. I
[1:28:19]
oy if.
[1:28:19]
If so, you don
[1:28:20]
. I just want
[1:28:21]
to be cle. You don
[1:28:22]
t knowor
[1:28:23]
sure which ones were
[1:28:25]
erational. And beyond that,
[1:28:26]
you don
[1:28:27]
t know at what level
[1:28:27]
they wereperating.
[1:28:28]
Correct. I c
[1:28:28]
t tell y the
[1:28:30]
opational spefics. We cld
[1:28:32]
certainly ifft
[1:28:33]
s theesire
[1:28:34]
of the council to have
[1:28:36]
additial noise studies have
[1:28:38]
the tech o the engineer ce
[1:28:40]
in, provide you additional
[1:28:41]
informatio and you want to
[1:28:42]
coinue this hearing forhat
[1:28:46]
purpe. We think we think
[1:28:47]
at
[1:28:49]
d be just fine. Now, these
[1:28:50]
temporary chillers are goi to
[1:28:52]
there f a very tporary
[1:28:53]
period of time, oy until the
[1:28:55]
peanent come, and in wch
[1:28:56]
case w have too the whole
[1:28:57]
thing over with resct.
[1:28:59]
And and when d the permanent
[1:29:01]
commment?
[1:29:02]
Rightow, we know tha they
[1:29:03]
ll
[1:29:05]
be in before the end of the six
[1:29:05]
month perio that w
[1:29:06]
re asking
[1:29:09]
for the for the council to
[1:29:09]
permit.
[1:29:10]
And that
[1:29:11]
all we canank on.
[1:29:11]
Pardon me. Andhat
[1:29:12]
s all w
[1:29:13]
can bank on.
[1:29:13]
I don
[1:29:15]
t know thexact date
[1:29:16]
that we put I operation.
[1:29:17]
All rig. So so if awaed
[1:29:23]
tonight. MR. Attorney, one
[1:29:24]
would t if weward the
[1:29:25]
interim permit tonight, one
[1:29:27]
would it be effective to.
[1:29:29]
X months, MR. Mor, six
[1:29:31]
months fm tonight we would
[1:29:32]
have approve
[1:29:34]
The would woulde OCTOBER,
[1:29:35]
vember,oughlyovember.
[1:29:38]
Yeah Okay. Public schoolath.
[1:29:43]
Sorry.Kay.
[1:29:44]
Counciember speaking. Thank
[1:29:46]
you. Actuall two questions,
[1:29:47]
stly clarication. One
[1:29:49]
actually is on aomment tha
[1:29:51]
MR. Margolis just just said. So
[1:29:54]
the second noi study, it
[1:29:55]
sounds like the
[1:29:56]
s unctainty
[1:29:57]
of how my chiller are
[1:29:57]
operating. Wldn
[1:29:58]
t that be
[1:30:00]
kind of essenti to a noise
[1:30:02]
study?Ou know, howany of
[1:30:02]
what
[1:30:03]
operating when you
[1:30:03]
re
[1:30:04]
doing theoise study I mn,
[1:30:06]
is is tha part o the study?
[1:30:07]
Andt juste just doe
[1:30:08]
haen to have that iormation
[1:30:09]
at his fingerts right now? Or
[1:30:10]
was that never part of the
[1:30:12]
study.
[1:30:14]
MR. Mayor, Council memr
[1:30:16]
subpoe I, I did point tt
[1:30:17]
out inhe presentatio that
[1:30:18]
that is auestion of this
[1:30:20]
studyas, y know, therere
[1:30:21]
some aects that come I
[1:30:23]
question I mean,he 48 degree
[1:30:24]
temperatur how my chiller
[1:30:25]
does it reference, how many
[1:30:26]
chillers wer actually I
[1:30:27]
operatn athe time? So
[1:30:28]
there
[1:30:28]
s tre
[1:30:29]
s a number of
[1:30:30]
qutions. Still even with this
[1:30:30]
study.
[1:30:32]
Thank you.Nd then and I
[1:30:33]
ll
[1:30:34]
point of clafication onhe
[1:30:37]
fit noise study, there was a
[1:30:38]
t of discussion and I was
[1:30:39]
ybe getting a little muddled.
[1:30:40]
I just want t make sure I
[1:30:41]
understand the first noise
[1:30:44]
study. I soundsike it was a
[1:30:46]
initial initi readings of
[1:30:47]
what the neighboood is like
[1:30:48]
when there
[1:30:50]
no cllers in
[1:30:52]
operation, justhe normal
[1:30:54]
neighborhood that is the
[1:30:56]
baseline. And thenou take the
[1:30:58]
mol of these chillers and
[1:31:00]
basilly orlay what com
[1:31:02]
ou of the chillers spe over
[1:31:04]
that baseline. And tt
[1:31:04]
s that
[1:31:06]
was wt compose t initial
[1:31:08]
noise study. I that corre?
[1:31:11]
Ye sir.Nd council member
[1:31:13]
lookingt the report, the
[1:31:14]
port does say that there were
[1:31:17]
three operaonal chillers.
[1:31:18]
I at.
[1:31:19]
Ich time I
[1:31:21]
d hazard a guess
[1:31:25]
what level. B t tesng
[1:31:28]
wasone based on what the cy
[1:31:30]
asked the testing to be. So
[1:31:33]
my my guess is thathey were
[1:31:34]
they were they were fired up
[1:31:37]
and and were designed so tt
[1:31:38]
we couldet an aurate tt
[1:31:39]
of.
[1:31:39]
What
[1:31:40]
s goi on. Thank you.
[1:31:40]
Thank you, Mr.Ayor.
[1:31:42]
Just trying tonderstandhe
[1:31:43]
technogy a ltle bit. These
[1:31:47]
chillers are are they dledr
[1:31:49]
ar they either 100 on and
[1:31:52]
100% off? C, younow, can
[1:31:54]
they operateach individl
[1:31:56]
chiller like half capacity and
[1:31:58]
then dial up as the deman for
[1:31:59]
cooling increases? Or are they
[1:32:01]
litelly just on or on?
[1:32:01]
Ihink they
[1:32:02]
re on or off, b
[1:32:03]
I don
[1:32:03]
t I again, I
[1:32:04]
m hazard a
[1:32:05]
guess. I d
[1:32:05]
t know the science
[1:32:06]
behind I
[1:32:10]
Okay.
[1:32:11]
I, i
[1:32:14]
m sure I have plenty more
[1:32:15]
questions. I
[1:32:15]
m not surehat
[1:32:16]
gog to get us anywhe right
[1:32:19]
now. Maybe I
[1:32:19]
ll, I
[1:32:19]
ll Yeah.
[1:32:21]
Councilmember bk and you can
[1:32:25]
m gna maybe headoo
[1:32:26]
taking a rest hearing fm the
[1:32:28]
fos who showedp tonight and
[1:32:30]
then cing back and and
[1:32:31]
workin this outore. But by
[1:32:32]
all means, Cncilmember
[1:32:33]
Canfield.
[1:32:34]
Had a couple moreuestions
[1:32:35]
about the chillersnd the
[1:32:37]
chnology. You mentioned
[1:32:38]
earlier that these chillersre
[1:32:39]
more eicient than theld
[1:32:40]
ones
[1:32:41]
s.
[1:32:45]
Okay. And in terms ofach
[1:32:47]
dividual unit offer more
[1:32:50]
therma displacement than the
[1:32:50]
es they
[1:32:51]
re replang or that
[1:32:53]
th just use less electcity
[1:32:54]
and.
[1:32:55]
Water across the board. They
[1:32:56]
arehey are more efficient.
[1:33:01]
They work betr, and the
[1:33:04]
require less maintenance.Kay.
[1:33:07]
D most importantly they
[1:33:07]
don
[1:33:08]
tse water.
[1:33:09]
Okay.O if if you wer to take
[1:33:11]
one ofhose rooftopnits, the
[1:33:13]
old ones and one of the new
[1:33:18]
ones 1o 1he new one would
[1:33:20]
provide morhermal
[1:33:22]
displacement or me chilling
[1:33:23]
capaci than one of the old
[1:33:24]
ones.
[1:33:24]
M assuming they
[1:33:25]
more
[1:33:26]
efficient, is what I
[1:33:27]
undersnd.
[1:33:31]
Okay I had a cple other
[1:33:32]
Ye, I don
[1:33:32]
t mean to hur.
[1:33:33]
Yeah.
[1:33:35]
m just. Yea I, kind of
[1:33:36]
having a hard time
[1:33:37]
understandg who exactly is in
[1:33:37]
charge of wt
[1:33:38]
s goingn over
[1:33:38]
there.
[1:33:40]
Except I said it again.
[1:33:41]
m having aard time
[1:33:42]
understanding w exact I in
[1:33:43]
charge of wha
[1:33:44]
s goingn over
[1:33:47]
there. Eagan capital llc, they
[1:33:50]
own theroperty. Yes. And Iron
[1:33:51]
Gates the tenantho
[1:33:55]
operating their. Operating data
[1:33:56]
nter.
[1:34:00]
The Iron Gate is a subsiary
[1:34:06]
of an affilte of Eagan
[1:34:08]
Catal.
[1:34:12]
Ich affilia I I Woodbury
[1:34:14]
Capital, l. Ist Swivel
[1:34:16]
Managementivision, llc? Is it
[1:34:19]
ivelonsulting, llc?St
[1:34:21]
Swivel Developntorporation,
[1:34:22]
which used t be known as Baby
[1:34:23]
Honeyntertainment
[1:34:25]
corporated? Which which
[1:34:28]
organization is in chae?
[1:34:28]
It is it
[1:34:29]
s an affiliate and
[1:34:29]
it
[1:34:30]
s owned by the it
[1:34:30]
s under
[1:34:32]
commonontrol of of thewners
[1:34:34]
of swivel development.
[1:34:36]
Okay. S swivel devopment
[1:34:37]
sort of where thingsnd and
[1:34:41]
iron gate tha pticular chu
[1:34:44]
is it iron gate. One word llc
[1:34:46]
is that the actualusiness.
[1:34:46]
It
[1:34:47]
s not a it
[1:34:48]
s not an llc.
[1:34:49]
It
[1:34:50]
s an operatingivision.
[1:34:51]
Okay. S it
[1:34:52]
s it
[1:34:53]
s not a
[1:34:53]
separate biness that
[1:34:54]
s bn
[1:34:55]
fid with the sectary.
[1:34:56]
Of state. Ion
[1:34:56]
t believeo.
[1:34:57]
Well, tha
[1:34:58]
s why I coun
[1:34:59]
t.
[1:34:59]
Findt.
[1:35:00]
Dba no, it
[1:35:01]
s not even in there
[1:35:01]
as a diva.
[1:35:02]
Oh okay.
[1:35:04]
Ok. So okay. Well, I thi
[1:35:05]
that
[1:35:06]
s enough on that. The I
[1:35:08]
gues the the last questns I
[1:35:08]
had is it
[1:35:11]
sy under the
[1:35:12]
diffent types ofata
[1:35:13]
cents. You knowack inhe
[1:35:17]
day data center was storage.
[1:35:18]
Typically t supportnterprise
[1:35:20]
use whereeople wou store
[1:35:21]
files and they
[1:35:22]
d be accessed
[1:35:24]
from time t time, maybe pulled
[1:35:25]
off. And if ty were
[1:35:26]
manipulated anyway, itas done
[1:35:28]
on a mainframer something
[1:35:31]
else. These days,ata cenrs
[1:35:32]
can be sometng otherhan
[1:35:33]
orage. There
[1:35:34]
s also da
[1:35:35]
ceers that are compute. Those
[1:35:36]
arehe ones tha are, you
[1:35:39]
know, mining Bitcoin or making,
[1:35:43]
you know,I videos of cats
[1:35:45]
dog things orhatever is,
[1:35:48]
is, is the u here stoge or
[1:35:49]
compute?
[1:35:49]
Belie it
[1:35:50]
a computer.
[1:35:51]
It
[1:35:52]
st
[1:35:53]
s computaon, n
[1:35:53]
stage.
[1:35:55]
I believe so but I, I again I
[1:35:56]
don
[1:35:56]
t I can
[1:35:57]
t tl you the
[1:35:58]
answer t that if y want if
[1:35:59]
u want me to ask t questn
[1:36:00]
I will get it for you.
[1:36:01]
Okay.
[1:36:02]
De interested in the
[1:36:03]
answer to that questio
[1:36:05]
etherhe the t usage of
[1:36:08]
th data center is fused on
[1:36:10]
storage and retrieval o I
[1:36:10]
it
[1:36:12]
sn compute.
[1:36:14]
m I
[1:36:15]
m certain it
[1:36:16]
s some of
[1:36:17]
some of the lter.
[1:36:17]
You
[1:36:18]
re ctain that it
[1:36:19]
s some
[1:36:22]
comput Okay. I think.
[1:36:24]
And byirtue some storage.
[1:36:25]
Pard me.
[1:36:26]
And by virtue of that some
[1:36:28]
storage.
[1:36:30]
I again athing more than I
[1:36:31]
say is going toe based on
[1:36:32]
speculatioo I
[1:36:33]
m happyo
[1:36:34]
try and answer your questio.
[1:36:36]
But by someby who kno the
[1:36:36]
answer, sure.
[1:36:37]
Iuess I
[1:36:38]
m interted in what
[1:36:39]
the pmary use is. Iean,
[1:36:42]
even with a pure compute data
[1:36:42]
center, there
[1:36:43]
s always going to
[1:36:44]
be a ltle bit of stora
[1:36:45]
beuse tngs need to be
[1:36:46]
stored temporily locally.
[1:36:47]
Well the compute worksn it,
[1:36:48]
but.
[1:36:49]
I c tell y that the oer
[1:36:51]
da centers that ion g uses
[1:36:54]
is one of of compung as
[1:36:55]
opposed to storage.
[1:37:00]
Okay, computing. Okay. Tt
[1:37:01]
answs my questio Thank you.
[1:37:06]
Thank you.
[1:37:08]
Mi I, Mikechultz
[1:37:11]
apologe, but you mentioned
[1:37:15]
iteria five. Can you unpack
[1:37:18]
that a lite bit more for me
[1:37:19]
in termsf non presentatio
[1:37:24]
modend explain it like we
[1:37:24]
re
[1:37:26]
talking
[1:37:29]
Yeah yeah. L meind the code
[1:37:49]
here again. So under the iup
[1:37:51]
under theup therere a
[1:37:52]
number o criteria tt are
[1:37:56]
that are listed andnder five.
[1:37:57]
Still trying to get to that up
[1:37:58]
here.
[1:37:59]
Th is the cteria for
[1:38:00]
awarding of an iup.
[1:38:01]
Ye. Sohere
[1:38:01]
s there
[1:38:03]
basicay sixriteria. That
[1:38:04]
that
[1:38:05]
part of it. Wha was
[1:38:05]
actually prode in the staff
[1:38:08]
reportas the odoor storage
[1:38:10]
review criteria, as part part
[1:38:12]
of the ruest. So withi
[1:38:14]
sically t evaluation
[1:38:16]
criteria forust the iup, one
[1:38:18]
of the sndards is thathe
[1:38:20]
us meets thetandards set
[1:38:22]
foh in the zoning regulations
[1:38:23]
here in govning cditional
[1:38:25]
us permit. So really there
[1:38:27]
another layer of the review
[1:38:29]
process tt also then gerns
[1:38:31]
the iup which I also then the
[1:38:34]
Cup review criteria as well. S
[1:38:34]
it
[1:38:37]
s basal two standards in
[1:38:38]
one.
[1:38:39]
I think. I
[1:38:40]
m not shaking you
[1:38:42]
off. Yeah. No, no I.
[1:38:43]
I think it
[1:38:44]
s because IEPs are
[1:38:46]
are few.Hey should be few and
[1:38:48]
far between. I thi it
[1:38:50]
because we want IEPs to mee a
[1:38:52]
highertandard in oer to be
[1:38:55]
allowed witn the cit
[1:39:00]
Okay. So so this an iup. How
[1:39:03]
does it relate to the Cup
[1:39:04]
crerion in five? I
[1:39:05]
m I
[1:39:06]
apologe I
[1:39:07]
m sor.
[1:39:08]
So basically aft. S you have
[1:39:10]
to go up t the end to the cup
[1:39:11]
reew criteriahich then
[1:39:15]
there are the are then t
[1:39:17]
eight criteriaitn the cup.
[1:39:19]
Th evaluation witnhat
[1:39:20]
they
[1:39:21]
basically me general
[1:39:23]
publealth and welfare
[1:39:25]
bacally stipulations as as
[1:39:26]
pa of the condition use
[1:39:28]
permit process. SEPs
[1:39:29]
tended basically toe
[1:39:31]
temporar inature. Yeah,
[1:39:32]
certaiy he a sghtly lower
[1:39:35]
threshd to meet. But with
[1:39:36]
at provisionhathey have
[1:39:38]
to be kke up to cup,
[1:39:39]
they wanto make surehat
[1:39:40]
ev o a tempo manne
[1:39:42]
beca you gs have seeep
[1:39:44]
can be oner or three years,
[1:39:45]
sometime a little bit longer.
[1:39:47]
So temrary natures
[1:39:50]
subjective a lit bit. So
[1:39:51]
basicallyhey areked upo
[1:39:53]
that c.He higher cteria.
[1:39:54]
One o them, you kw, some o
[1:39:56]
the standards being, you know,
[1:39:57]
basicallympacts toubc
[1:39:58]
are okay.
[1:40:03]
Soka
[1:40:03]
Just.
[1:40:05]
One mor. Yeah.
[1:40:06]
Sorry to sll be onhis, but
[1:40:08]
Iave more queions authe
[1:40:15]
mpute the. Is it tt third
[1:40:18]
parties smit a requestor a
[1:40:19]
certain typ o computation
[1:40:22]
mputation to in Gate? It
[1:40:25]
es its thing. And then tho
[1:40:26]
third pares get theendered
[1:40:28]
sult. Or I a of t
[1:40:31]
compe being consumed by iro
[1:40:32]
gate itself?
[1:40:32]
No, it
[1:40:34]
s done third
[1:40:34]
party.
[1:40:36]
Okay.O third pties mak a
[1:40:39]
reestor, y know, tell me
[1:40:41]
theest rece for a
[1:40:42]
bouiabaisse sce or
[1:40:42]
whatever.
[1:40:46]
At thirdarties aenants.
[1:40:48]
Is aenant o the pperty,
[1:40:50]
operes a datenter within
[1:40:52]
e pperty.
[1:40:54]
Okay, s Iron Gate has mulple
[1:40:57]
clienthoolds a svers
[1:41:02]
that render compute And d we
[1:41:03]
kn whether.
[1:41:04]
The tenan MAY bri in
[1:41:06]
servers? We MAY bng inhe
[1:41:08]
power. We mayring in some of
[1:41:09]
infrastructure.
[1:41:12]
Okay. And is itwnoho
[1:41:15]
tenants o Ironate? A t
[1:41:16]
strictly using compute
[1:41:19]
capacity for their own internal
[1:41:21]
company purs, or do s of
[1:41:23]
em receive reqs from the
[1:41:24]
general public third
[1:41:26]
parties, d the compu and
[1:41:27]
en turn over t results?
[1:41:28]
I can
[1:41:28]
speako that.
[1:41:31]
There anybody who could
[1:41:32]
I could find out.
[1:41:39]
d like you to please. Okay.
[1:41:41]
So I
[1:41:41]
sure have more
[1:41:42]
questions. I d
[1:41:43]
t kno i
[1:41:44]
that
[1:41:44]
going to leado
[1:41:45]
answers, s I
[1:41:46]
ll. Won
[1:41:47]
tsk
[1:41:49]
ny o them right now. I
[1:41:50]
wouldn
[1:41:50]
t md gettingn to at
[1:41:51]
least hring fromhe
[1:41:53]
neighborsf that wks for
[1:41:54]
folks, andhen we canome
[1:41:56]
backnd t to unpkome of
[1:41:58]
the slls lat on. S
[1:41:59]
ll be available aerwards.
[1:42:02]
Mike. Absutel Thank you
[1:42:05]
an you, thank you. Apologies
[1:42:08]
for the eende qstion and
[1:42:10]
answer perio I tnk man of
[1:42:11]
u we probably I t room
[1:42:14]
la week at the apc, and there
[1:42:15]
e a lot of movg parts he.
[1:42:16]
I thi we
[1:42:17]
re we
[1:42:17]
re all tryin
[1:42:18]
to get I nailedown a lite
[1:42:21]
more effecvely So aga, my
[1:42:22]
apologies for that. Should
[1:42:25]
mentionvalanche two one after
[1:42:28]
th fir. Sor, maybe tt
[1:42:28]
ll
[1:42:31]
chge in t nt 20 minut,
[1:42:32]
t. So
[1:42:33]
m going to on up
[1:42:34]
publ comments, pubc
[1:42:37]
commentsn the cncil meeti
[1:42:38]
will wkrettyuch the same
[1:42:40]
as I did in the apc. We ask
[1:42:42]
people tome up. Ifou have
[1:42:44]
qutions, fee free t share
[1:42:45]
them. W won
[1:42:45]
dl with
[1:42:48]
questions individuay. We
[1:42:49]
ll
[1:42:52]
instead keep nes of tm.
[1:42:53]
MISS Mler will te notes on
[1:42:56]
l t questionseing asked.
[1:42:57]
Andhen aer we
[1:42:57]
ve ten all
[1:42:58]
the commentsnd all the
[1:42:59]
questions, we
[1:43:00]
ll goack and
[1:43:01]
deal with theuestns one at
[1:43:03]
a time. T to combine them and
[1:43:05]
unck t areas in which ty
[1:43:08]
overlap. We ask tha you fee
[1:43:08]
free toomep and make
[1:43:10]
whatever comnts youo. If
[1:43:12]
mebody hasade the same
[1:43:14]
commts as y, simple I
[1:43:15]
age wh so-and-so would
[1:43:17]
suffice And we can maybe g
[1:43:18]
out of he I time f t
[1:43:21]
thir perdr the. Ove time
[1:43:21]
we
[1:43:23]
ll fdut. So with tha
[1:43:25]
llpen up theic. A, you
[1:43:27]
ow, generally speaking, four
[1:43:29]
minute m ifou come in at
[1:43:32]
two, I c MAY look for se
[1:43:35]
gold sta tive you.Ut
[1:43:36]
there
[1:43:37]
so sinn goinghort
[1:43:38]
We askhat you really d
[1:43:39]
t go
[1:43:39]
along bause we
[1:43:40]
goi to be
[1:43:40]
in he for long enoh
[1:43:42]
tonight,st is. So with
[1:43:43]
that, I
[1:43:44]
ll on up tic. Any
[1:43:45]
members of theubli who wan
[1:43:48]
to comme on the propose
[1:43:50]
terim u permit rarding
[1:43:53]
the former Unisys building?
[1:43:55]
ll jt shorten uphatay.
[1:43:56]
All rig. I
[1:43:59]
ll do it Oka
[1:44:01]
gett done. W
[1:44:01]
t be f
[1:44:06]
mineithe.
[1:44:06]
As long ast
[1:44:07]
s not eig.
[1:44:17]
Decracs sometim slo and
[1:44:18]
painful, but I am grateful for
[1:44:19]
. Mr.Ayor Eaganity
[1:44:20]
uncil members.Y name i
[1:44:20]
John Gtin. During the nearl
[1:44:21]
yea weived at061
[1:44:22]
Woodlark Lane,y wife a I
[1:44:23]
ha bee privileged to s our
[1:44:25]
beautil cityrow and proer
[1:44:26]
dor the good our
[1:44:29]
communy. Mos of us. Tnk
[1:44:30]
you, COUNCILMAN Subenaor
[1:44:32]
viting with my next door
[1:44:34]
nehbor, Peteailm, lt
[1:44:36]
Thuraynd walking with h
[1:44:38]
ronate Dataenter.
[1:44:39]
Numberfears ago. I was
[1:44:41]
involvedith timbeine
[1:44:44]
Civissociation, and we
[1:44:45]
fought toeep a propey on
[1:44:47]
the cornerfilot Kb and
[1:44:48]
Lonokeoads fro becoming a
[1:44:50]
g artmentouse, and n w
[1:44:52]
havehe beautif Timberle
[1:44:53]
Village, wch is a senior
[1:44:54]
community that
[1:44:55]
s tiving. I
[1:44:56]
was als on the airrt noi
[1:45:00]
commtee f a while aft
[1:45:01]
ma of us cplaid abo
[1:45:04]
this. The noise we h he
[1:45:06]
th In Gate, whie found
[1:45:10]
out was Iro Ge. The wl w
[1:45:12]
built and the secd study
[1:45:14]
shs acceptabl noi lels.
[1:45:15]
Trank, Ion
[1:45:16]
t knowhat
[1:45:18]
to belve at ts point.
[1:45:19]
Nest, n disreect
[1:45:22]
intend to anybody here today.
[1:45:22]
I d
[1:45:23]
t know exalyhat to
[1:45:25]
believe. I don
[1:45:26]
t kw ifear
[1:45:28]
th noise allhe time. I don
[1:45:33]
ink do. But anywa, iron
[1:45:35]
ga dat Cente like all of
[1:45:38]
them is a pasite. Now.
[1:45:38]
Ey
[1:45:39]
re everywhere a at oe,
[1:45:40]
ande
[1:45:41]
ve g one und
[1:45:42]
consuctionver here in
[1:45:43]
Eagan, rig next tomes I
[1:45:45]
Inverrove Heits. And I
[1:45:47]
applaudour decision t at
[1:45:48]
least temporaly pau new
[1:45:50]
delopmts pending further
[1:45:52]
reviewnd study. These data
[1:45:54]
centers cate an additional
[1:45:55]
laye o constant nse and
[1:45:57]
vibration, wch we cizen
[1:45:59]
must conte wh. They
[1:46:00]
ot
[1:46:02]
on fewermanent jobs, and
[1:46:04]
yes,hey bring I tax dollars,
[1:46:05]
buthey all suckn
[1:46:06]
unbelievabmoun of
[1:46:09]
elecicity. Rea tapers.
[1:46:10]
Lo, tre are plenty of
[1:46:12]
udie I indated MISS
[1:46:14]
Hutmacher with a bch of sff
[1:46:15]
forhich I
[1:46:15]
m aamed becau
[1:46:16]
it
[1:46:17]
sustay toouch da o
[1:46:18]
thistuff They
[1:46:18]
reoing to
[1:46:21]
deple our oy close system.
[1:46:22]
Sods good. That
[1:46:22]
s good. Me
[1:46:23]
effient? That
[1:46:25]
fine.Ut as
[1:46:26]
thei nee g up, o power
[1:46:27]
and water bil are goi to go
[1:46:29]
up.Ur property values willo
[1:46:31]
down So what
[1:46:32]
gd for
[1:46:33]
businesss not aays good for
[1:46:35]
e community. These people
[1:46:37]
have got nkin in t ge.
[1:46:38]
They don
[1:46:38]
tiveere.Hey
[1:46:39]
don
[1:46:40]
t send tirhildren t
[1:46:41]
scolere o shop her Ty
[1:46:43]
answer the bses and
[1:46:45]
shareholders. Sewhe outside
[1:46:47]
Minnesota. Thinkaybe
[1:46:49]
mewherep a cha of
[1:46:50]
bsidiaries, spin os,
[1:46:54]
ltip Ls,ron gates not
[1:46:56]
a gd neighbor. The
[1:46:57]
fired
[1:46:58]
up their cller iniolation
[1:47:00]
of theonin ordinces. N
[1:47:01]
they b forgiveness It
[1:47:03]
zone r&d.Hey sayt is.
[1:47:06]
Well, wteve Anyway,ll the
[1:47:08]
constrtion perts they
[1:47:10]
submit should be ceful
[1:47:11]
reviewed to ensure they meet
[1:47:13]
all ces.Verying mt be
[1:47:14]
enrcedtricy b the book
[1:47:15]
they
[1:47:16]
already swn. It
[1:47:17]
nnot be trued. I was he
[1:47:18]
rst a I
[1:47:18]
mot going to
[1:47:23]
move.O I implore you toet
[1:47:24]
do what you need to d not to
[1:47:27]
lethings go any furer.
[1:47:28]
Thank youery much.
[1:47:31]
Than you
[1:47:33]
Thanks.
[1:47:36]
Additional cment. W
[1:47:37]
ll ask
[1:47:39]
what we refin fromutbursts.
[1:47:41]
Good evening.Ayorouncil.
[1:47:44]
Kath Peterson Iive at77
[1:47:45]
Tier Wood Tra, fairly new
[1:47:48]
Eagan. I was ae to aend
[1:47:50]
th planning mting lt week
[1:47:50]
and
[1:47:52]
m learning aot. I
[1:47:55]
here to encourage the cncil
[1:47:57]
toccept the 6 to 0
[1:47:59]
recoendaon ohe
[1:48:01]
Commsion to deny the intim
[1:48:05]
us permit. I als wante to
[1:48:09]
askfy memory o that
[1:48:12]
sessio last week was is
[1:48:15]
coect, tha t alica was
[1:48:19]
told tt any expen engaged
[1:48:22]
in offor toeal wit the
[1:48:25]
sound issue the the noise
[1:48:28]
pollion were t be undertake
[1:48:29]
at the appcant
[1:48:31]
s risk. Rht.
[1:48:31]
E cy didn
[1:48:33]
tell the tt
[1:48:34]
ey h too that, or they
[1:48:36]
should do tt. Ty we told,
[1:48:38]
asnderstand I thatt
[1:48:39]
woul be at theireril and
[1:48:41]
thatt d not necessaly
[1:48:43]
an that any interse
[1:48:44]
rmitould in fact be
[1:48:47]
appred. I tnkhathere
[1:48:49]
be a l of gd queion a
[1:48:50]
aner here tay to kd of
[1:48:55]
point out how this haseen
[1:48:56]
non-tradiona I gss that
[1:48:57]
the word we
[1:48:58]
llettln
[1:49:00]
non-traditiol. A I
[1:49:01]
meeply
[1:49:03]
concerned. There
[1:49:03]
s the
[1:49:05]
tempary iss. A then we
[1:49:05]
do
[1:49:07]
even necessarily tk
[1:49:10]
toght about the the pernent
[1:49:11]
ise, where t times the
[1:49:13]
nuers of cller it sous
[1:49:17]
li, a going to be. If the
[1:49:20]
applicant mov forwa.
[1:49:23]
Instald in a masonry
[1:49:26]
clos.As loong at the
[1:49:28]
infoatio Was a mechani
[1:49:31]
yard, mechanical yar right
[1:49:35]
anyway, thi
[1:49:35]
m I
[1:49:40]
encouraging us t say no ao
[1:49:43]
uphohe curnt zong which
[1:49:45]
is for r&d. As we
[1:49:47]
ve hit o
[1:49:49]
data cter mea aery
[1:49:51]
dieren thing. A disssed
[1:49:54]
as part of Unisys. Is tt
[1:49:56]
really t corct way? Anyy,
[1:49:57]
as part o that company
[1:50:02]
resech andevelment? And
[1:50:03]
cleay we can
[1:50:03]
haven
[1:50:06]
cessy uhenheres no
[1:50:07]
prary use otherhan being a
[1:50:09]
data cenr. I mean, a I
[1:50:10]
ked the analogy wever
[1:50:13]
somee he made abo the
[1:50:15]
prive home withhe cars
[1:50:19]
parked. Sonow youll know
[1:50:22]
the stuto code in the law.
[1:50:25]
An thenterim use pmit MAY
[1:50:26]
issued.T cerinly doesn
[1:50:29]
have to be issued. I rlly
[1:50:31]
ta issue with myuick rd
[1:50:34]
the attorney
[1:50:35]
sette fm
[1:50:39]
MAY 3, which somehow creates
[1:50:40]
someense of entitmentr
[1:50:42]
right or a vgehat they
[1:50:44]
ther you know, that this
[1:50:45]
wod be arbitra and
[1:50:48]
capricious it were died
[1:50:49]
and notng coue furth
[1:50:54]
fr the case. This is not wt
[1:50:57]
thiseighrhood wants,ot
[1:50:59]
what this nghborhood needs.
[1:50:59]
It
[1:51:01]
sot consient with the
[1:51:03]
an of t cit cncil It
[1:51:05]
abs our cmuni center and
[1:51:07]
ou nature trails. This would
[1:51:11]
ben abomination. And I, I am
[1:51:11]
happy tha the
[1:51:12]
s bee better
[1:51:15]
clarificion here today aut
[1:51:17]
the secon lay onalysis,
[1:51:21]
which says that t pmit, the
[1:51:24]
condionase perts can
[1:51:26]
ly bessuedf it finhe
[1:51:29]
use at the prosed location
[1:51:31]
consisnt with eht sepate
[1:51:32]
factors, wch I wl not
[1:51:33]
reci bause I kw you a
[1:51:36]
know the fm subvisi fou
[1:51:39]
c. Br. Sultz hhliged
[1:51:41]
on only twof the eht. He
[1:51:43]
hitn wheer it
[1:51:44]
d b
[1:51:46]
detrimenl to o endanger
[1:51:47]
public heah, safy or
[1:51:48]
general welref the
[1:51:50]
neigorho or city. And then
[1:51:54]
the involvement and use of
[1:51:55]
marial that wou be
[1:51:59]
zardous.T cetera, e.. But
[1:52:01]
I think itertalyill not
[1:52:03]
be harniou with t general
[1:52:04]
d alicable spefic
[1:52:07]
objeives ohe cy pla and
[1:52:08]
e cess currently
[1:52:09]
esblisd. Thi I
[1:52:10]
t an
[1:52:12]
effort b this organizion to
[1:52:14]
come in a g a alternati
[1:52:17]
land use permi and just
[1:52:20]
nnot implore you eugh to
[1:52:23]
sayo, thank you. Okay.
[1:52:24]
Addional comnts plee. I
[1:52:25]
askhat we refra from
[1:52:31]
applause orutbut. If the
[1:52:33]
wild score goal y c plot.
[1:52:34]
Andhey haven
[1:52:36]
t.
[1:52:40]
Thk you,ayor andounc.
[1:52:41]
Just goi to help y out a
[1:52:42]
little bit. Iot about 30
[1:52:44]
yearsf industrial
[1:52:47]
intence. The old system,
[1:52:49]
d m humble opinion w it
[1:52:51]
s water cooled. S the
[1:52:52]
refrigeran gs out
[1:52:53]
It gs a nameeal quick.
[1:52:56]
Oh, Joe Krueger, t water,he
[1:52:58]
coolan refrigentoes o,
[1:52:58]
drop it
[1:52:59]
d.
[1:53:01]
And it comes bk h.Nd I
[1:53:03]
would kindfike your car
[1:53:04]
diator. There
[1:53:05]
s fan and
[1:53:06]
en it
[1:53:08]
ll droater across
[1:53:09]
e pes.Hat
[1:53:11]
s where t
[1:53:13]
however man thoand galns a
[1:53:14]
y gets eporated off. Tt
[1:53:16]
ols it bk down, cires
[1:53:19]
back t your compresr to me
[1:53:25]
it cd again,nd send it out
[1:53:26]
tha was yourld water
[1:53:27]
base, a no one
[1:53:27]
s got
[1:53:30]
refrigerant. Pbably better
[1:53:31]
athosere. They
[1:53:32]
reot up
[1:53:32]
the n. Tt isn
[1:53:33]
terious
[1:53:38]
machiny for 53 foot trailers.
[1:53:38]
It
[1:53:39]
s more tha ever ho
[1:53:42]
work o I oy had m biggest
[1:53:44]
portable was o onerailers
[1:53:47]
and 6000 horse,ut it was a
[1:53:51]
air comesso. So onhe on
[1:53:52]
th noise, when you
[1:53:52]
hearing
[1:53:54]
a different noise levels and
[1:53:54]
th
[1:53:55]
re saying three chillers
[1:53:57]
are rning ty run o what
[1:54:05]
called.Ontious load.O or
[1:54:06]
just a continuous runo the
[1:54:08]
tors not mad to tn off
[1:54:10]
and on. If y want to desoy
[1:54:11]
an electri motor turnt off
[1:54:14]
and on aot. That iushf
[1:54:15]
pera when y turnt on it
[1:54:17]
stts breakg down. Yr the
[1:54:19]
installation and t windings.
[1:54:21]
An you can s byeye t your
[1:54:24]
electricotor lot soone So
[1:54:25]
at the theyun as
[1:54:28]
contuous use mot a it
[1:54:29]
ll
[1:54:30]
shut o eventually.Ike if
[1:54:31]
it
[1:54:31]
s a the
[1:54:32]
ll be a timer if
[1:54:32]
you, ift dsn
[1:54:33]
t g a load
[1:54:35]
for 1 mines, a half hr,
[1:54:35]
then it
[1:54:36]
ll tel it t te
[1:54:39]
self offline That
[1:54:40]
sf they
[1:54:42]
will havet setp that w.
[1:54:43]
Bu generalhey
[1:54:43]
re notade
[1:54:45]
toome off and on.O yes you
[1:54:46]
cod have had teehills
[1:54:47]
running.Hat doesn
[1:54:48]
t mean
[1:54:48]
th
[1:54:49]
re under ld. If ty
[1:54:50]
re
[1:54:50]
der load ty
[1:54:51]
re working. And
[1:54:51]
if it
[1:54:52]
shiller they make a
[1:54:54]
lot me noise. Ifou
[1:54:55]
ve got
[1:54:58]
an elericotor withnd I
[1:54:59]
not worki, it
[1:55:00]
s just sitng
[1:55:01]
spiing.Our vacm
[1:55:02]
eane canake more nse
[1:55:07]
th tha So. And I
[1:55:08]
d echo
[1:55:09]
some of thether folks
[1:55:11]
ntimts aut the data
[1:55:13]
ceer. Tnk y f your te.
[1:55:18]
Adtional cmenteah.
[1:55:19]
Thankou,r. Mor. Andity
[1:55:21]
Cocil reallyppreate the
[1:55:22]
line of queioningonig. It
[1:55:24]
was very enlhteng. I would
[1:55:25]
say we he toay.
[1:55:26]
Iopet was enlighting to
[1:55:27]
somedy, but.
[1:55:29]
Still got aot of questns.
[1:55:30]
Ght? Yeah, I woulday you
[1:55:31]
have to say no uil you kw
[1:55:32]
what t e games. We
[1:55:34]
talking aemporary permit. I
[1:55:35]
ge thatight But entually
[1:55:36]
ere
[1:55:37]
s going toe eht
[1:55:39]
llersf y belie theo
[1:55:40]
far, what I
[1:55:40]
seen in two
[1:55:42]
sepate meetings is I can
[1:55:44]
tell whathe realruth is. I
[1:55:44]
ca
[1:55:45]
t tell wre you
[1:55:45]
re goi
[1:55:46]
to end up. Have no ideahat
[1:55:46]
they
[1:55:47]
reoing to do, and
[1:55:49]
neither do we.O does ds
[1:55:52]
alwinghe temporary pmit
[1:55:55]
anyay iratiate us to the
[1:55:56]
nextevelermihich w
[1:55:57]
ha no idea what it
[1:55:58]
sor y.
[1:55:59]
And even I they told u we
[1:55:59]
woul
[1:56:00]
t believehem. So
[1:56:01]
that
[1:56:02]
sne comment The oth
[1:56:04]
things, was it two yrs ago
[1:56:05]
weut our yea ago, weut
[1:56:07]
togeer the three poplar plans
[1:56:09]
fo theorthwestommonsrea.
[1:56:11]
Right. I tnk the smallt
[1:56:12]
plann termsf the number of
[1:56:14]
ne residents your nex door
[1:56:16]
nehborsas 250 new
[1:56:18]
residents, up to 1000 new
[1:56:19]
residents. Weeed a bger
[1:56:21]
room.F that happe, you
[1:56:21]
re
[1:56:22]
gonna have a l of complaints.
[1:56:24]
Thank you. Oh,y the way
[1:56:26]
liven MacArthur roadnd my
[1:56:27]
daughterives inhe same
[1:56:28]
nehborhoodn Red Ced Roa
[1:56:30]
n Sprigg, m wife, m Spa.
[1:56:31]
Thank y.
[1:56:37]
Thk y. Additiol comment.
[1:56:39]
Od evening.
[1:56:41]
Myame is Mariaorowi a
[1:56:43]
we live at three 106 Pilot Knob
[1:56:45]
Road My famil and I hav
[1:56:46]
live in Eagan f about eht
[1:56:48]
yes,o I thi this mting
[1:56:50]
today was really helul. It
[1:56:52]
anered some qstio and I
[1:56:54]
think right now what Iave I
[1:56:56]
ybe some clafyinuestions
[1:56:58]
that wean address follong
[1:57:01]
is session. But fromhepc
[1:57:03]
meetg thatappenedast
[1:57:05]
week,t was alled to tha if
[1:57:10]
the iup was approved and the
[1:57:11]
ir gateas given, tt the
[1:57:13]
sixonth permit, tt tt
[1:57:16]
would automatically then all
[1:57:18]
them t srt buildgnd
[1:57:20]
instlatif the mhanil
[1:57:22]
yard whi from the rort
[1:57:23]
liev includesight
[1:57:25]
peanenthills, eht dry
[1:57:27]
cools and someome other
[1:57:30]
machiner tt the pubc wld
[1:57:31]
theno longe be ae to
[1:57:33]
comment on. And Ion
[1:57:33]
t I don
[1:57:34]
nessarily kwf there
[1:57:34]
s a
[1:57:36]
separateermit for iut it
[1:57:38]
would be condere operations
[1:57:40]
as ual.O I just wt to
[1:57:41]
clarify,ounow what this
[1:57:43]
decisiononighteall mea
[1:57:45]
in terms of that fureor the
[1:57:48]
mechicalard. Then also
[1:57:49]
toda we heardbout the
[1:57:51]
baseline mitoring. And what I
[1:57:52]
thout Ieard is thathe the
[1:57:54]
modeling tha was don really
[1:57:56]
kes intoccou allhat
[1:57:58]
ambit noise coming from Pilot
[1:58:00]
Knoboad airplanes, anythg
[1:58:02]
kehat. S I jus wan to
[1:58:04]
tternderstand how was the
[1:58:06]
actualoiserom thehillers
[1:58:07]
asur? And I wean get a
[1:58:09]
ext measurement onhat,
[1:58:11]
taking asidehe aient nse,
[1:58:13]
given that there I dinity
[1:58:15]
a diffent frequencyhat y
[1:58:16]
know, ronathrough our
[1:58:16]
house, we
[1:58:17]
re directly across
[1:58:18]
the strt.
[1:58:19]
Ve been sepin
[1:58:20]
in t basement for the past
[1:58:22]
three mons now,o defitel
[1:58:27]
feelt. And then se of t
[1:58:30]
other queions we h. So I
[1:58:32]
think jt some o t actions
[1:58:34]
to be condere I one of the
[1:58:36]
rerts tt was giv to you
[1:58:38]
was som sortfontrol system
[1:58:40]
ccks aalances. So I
[1:58:41]
just want toee clari on
[1:58:42]
that. Whahat would loo
[1:58:44]
li,nd if it wld include
[1:58:46]
noe studies and at wha
[1:58:48]
pointsn time. And how do we
[1:58:49]
ashe public, ensure that
[1:58:51]
there I aually a process in
[1:58:53]
placend, and tha we hav
[1:58:55]
availabity tome of tha
[1:58:59]
communicion. And thenlso
[1:59:00]
just want tommentust from
[1:59:02]
ou personal eerience, we
[1:59:05]
notice thathe noise is muc
[1:59:07]
gher o wknigs, lik
[1:59:09]
righ arod tt 10 P.M. T2
[1:59:12]
a. Range and theneekes as
[1:59:13]
ll,hich I belve ishen
[1:59:14]
somef t firstomplnts
[1:59:16]
from residents weressue s
[1:59:17]
thinkt
[1:59:17]
s important to
[1:59:20]
consider thatny sortf
[1:59:22]
ture process as the
[1:59:22]
not
[1:59:23]
ju storing, the
[1:59:23]
re operating
[1:59:25]
th chiers. So I wt to
[1:59:27]
clary tha that I would
[1:59:29]
include moniting,ou know,
[1:59:30]
constantly including t
[1:59:31]
weeken, because that
[1:59:31]
s whe
[1:59:32]
we
[1:59:32]
reome. We
[1:59:33]
renjoying o
[1:59:33]
hos, we
[1:59:35]
reardening. All
[1:59:38]
those tngs. And then Iould
[1:59:40]
say mbe last questions if
[1:59:41]
there
[1:59:42]
s a delineaon in tho
[1:59:46]
MPCa standards about wha how,
[1:59:47]
you know, constt noi tt
[1:59:50]
24 over sen I measure And
[1:59:52]
those decibel levelsersu
[1:59:52]
nois that
[1:59:53]
s o and o,
[1:59:54]
becaus w know tha this is
[1:59:57]
this I cstant. And so I
[1:59:57]
think tha
[2:00:00]
quite difrent
[2:00:03]
Andhen as far as shepec
[2:00:04]
etin thereere some
[2:00:06]
coents fro memrshat
[2:00:08]
aldedo pottialezoning
[2:00:09]
to an iustrl area. A I
[2:00:11]
wod just agreeith my fellow
[2:00:13]
member that w areot in
[2:00:15]
agreement that o area should
[2:00:19]
beezoned and that placing the
[2:00:21]
uipmentutsi versus, you
[2:00:23]
kn, chaingome of the
[2:00:24]
officepace sortf a
[2:00:26]
ophole arod somefhe
[2:00:28]
perctage required for office
[2:00:30]
space. Sot wld definitely
[2:00:31]
ju want mor information on
[2:00:45]
that as wel So thank you.
[2:00:46]
Than you, MR. Mayor. And City
[2:00:48]
Cocil, I appciat all your
[2:00:48]
hard.
[2:00:49]
Rk and.
[2:00:51]
E my questio tt were
[2:00:54]
raised tonight My name I Tim
[2:00:57]
Stead. Le at 3045
[2:00:58]
Timberwolf Trail I
[2:00:59]
veeen a
[2:01:04]
sidentfagan for 25 years.
[2:01:07]
I do appciat mhf the
[2:01:08]
information tt the attney
[2:01:11]
gave in his letr. Andven
[2:01:13]
he tonight, I think hes
[2:01:15]
really trygard to explain
[2:01:17]
us what w going o But
[2:01:18]
unfounaty, I don
[2:01:18]
t agree
[2:01:21]
with him because I can
[2:01:25]
undetandhis argumenhat
[2:01:26]
sohowhewner dn
[2:01:27]
tnow
[2:01:30]
that aermiould be neede
[2:01:30]
That
[2:01:30]
shat
[2:01:31]
ve been heang
[2:01:33]
st week. And now ain
[2:01:37]
toght jus week agoe
[2:01:38]
had aery unfortunate
[2:01:42]
expeencen our house o
[2:01:45]
war softer bw upnd tt
[2:01:47]
was a really qte a chaenge
[2:01:49]
i had to get plumber and the
[2:01:51]
umber was vy qck to get a
[2:01:54]
building or a pert from the
[2:01:57]
ci, a I paidhe $75or
[2:01:59]
that permi It wasll well
[2:02:01]
and good. And I
[2:02:01]
ll tl y
[2:02:02]
what, was s thankful for
[2:02:04]
that inspector w came t our
[2:02:08]
hoe right away and glad
[2:02:11]
beuse I knew tn I thoht
[2:02:12]
e plumber was doi a great
[2:02:15]
job. Ande did. But it ge me
[2:02:16]
e assurance thathis wasll
[2:02:21]
doneorrectly. Now, tha
[2:02:24]
mple thing At ourrevious
[2:02:27]
houseown a bea path tra,
[2:02:29]
hado replace the furnace a
[2:02:33]
the ac unit outside, and I h
[2:02:35]
to pay pmits f that. I was
[2:02:36]
just understd that tha
[2:02:38]
methg we he to do.
[2:02:39]
Ythinghat
[2:02:40]
s inse or
[2:02:42]
outside of our house. We have
[2:02:43]
to go thrgh theity
[2:02:46]
regutions and codes. S what
[2:02:48]
m tryin t sayere is tha
[2:02:49]
Iave concern about the lk
[2:02:51]
ofransrency.
[2:02:52]
Mot reall
[2:02:55]
re I agreeith the oer
[2:02:56]
peophat have sken he
[2:02:59]
tonighonig, thathis
[2:03:02]
confusion that w expienc
[2:03:03]
least in our neiborhd
[2:03:04]
d the srounng
[2:03:07]
neighborhoods wha els is
[2:03:09]
ing to happe and what
[2:03:11]
gog to happen to our property
[2:03:14]
vaes in our nghboood? Now
[2:03:14]
we
[2:03:16]
veot the safety concerns
[2:03:19]
with nse migatn and all
[2:03:21]
that.Nd wou really hop
[2:03:24]
th I this business conties
[2:03:26]
dhey do install eig more
[2:03:28]
coolers andhey have a big
[2:03:29]
wallroun it, tha that
[2:03:31]
going to sol the issueut I
[2:03:33]
wonder I there hav been oth
[2:03:36]
udie that hav been de
[2:03:37]
where tho kind o situaons
[2:03:41]
have ested where they
[2:03:41]
ve put
[2:03:45]
in a wal with that many
[2:03:47]
cools, doe it solvehe
[2:03:49]
issu for noise? I mean, that
[2:03:50]
should be a splehing to
[2:03:53]
diover somehow. And I wld I
[2:03:54]
would hope tt theompa
[2:03:57]
wouldome acrosnd help
[2:03:58]
produc thatype of
[2:03:59]
information. S tt
[2:04:00]
s jt my
[2:04:02]
$02 on it, really.Hank you
[2:04:04]
for that. A Io agr with
[2:04:06]
the others about not giving
[2:04:09]
th a pmit. Thankou.
[2:04:16]
Ank you.
[2:04:18]
Od evening mayor. M name is
[2:04:20]
ug Dexter. I livet060
[2:04:21]
Woodlark Lane, rht across the
[2:04:24]
strerom MR. Gustin there.
[2:04:27]
So my bacard is pitching
[2:04:29]
wedgeway fro the chillers.
[2:04:32]
An Igree with erythg my
[2:04:33]
neighbor have.
[2:04:34]
Pitcng wedge I a varble
[2:04:35]
meurement. Younow.
[2:04:37]
And a kckedown into t
[2:04:42]
wind Lot of great pois wer
[2:04:44]
made. I, agreeith all of
[2:04:45]
that. And it
[2:04:47]
sard to loo at
[2:04:49]
the studies and and trust
[2:04:50]
them at a. Ihink they
[2:04:50]
re
[2:04:52]
questionable at best.O I
[2:04:54]
would ue the to bore
[2:04:55]
udies a Butore than tt,
[2:04:58]
plea just s n to this and
[2:05:00]
do n approve this. O pnt
[2:05:01]
d le to rai, and i
[2:05:02]
keep thisrief tha hn
[2:05:04]
en brought up yet is t
[2:05:06]
poteial impact of this l
[2:05:08]
fruenc nse on cldre
[2:05:09]
There are aot of young
[2:05:11]
familiesnhe neighborhoo
[2:05:11]
The
[2:05:12]
s a schoo pilot Knob
[2:05:15]
Elementary, rht aosshe
[2:05:17]
marsh fm from tse chills.
[2:05:20]
Andhere are long tm impac
[2:05:20]
onhildren
[2:05:21]
searings fro
[2:05:23]
th perstent l fquen
[2:05:25]
noise. Joh Hkins did a
[2:05:27]
sty on ts, a it olines
[2:05:28]
the negativ long tm impacts
[2:05:31]
th these l freency,
[2:05:33]
persistent nses from mhine
[2:05:34]
su as thesehills c hav
[2:05:37]
onhildren.O withhat said,
[2:05:39]
Irge theounc t deny
[2:05:44]
th. Thieque. So tnk
[2:05:51]
u vy much.
[2:05:53]
Od ening. My nes Bill
[2:05:55]
Jacko. I live iagan. I don
[2:05:58]
live adjacentohis, t this
[2:05:59]
facility, but I have an
[2:06:01]
interestnhe proliferaon
[2:06:03]
of data centers arod the
[2:06:06]
cotry. Anyhow, fir of all,
[2:06:08]
thank y, MAY, for the
[2:06:10]
rigous queion. I thinkhat
[2:06:11]
wasreat I reallppreciate
[2:06:13]
that Several things I wt to
[2:06:17]
y one believe that the
[2:06:18]
with the conptf data center,
[2:06:20]
when back I987as totally
[2:06:22]
different than h it is
[2:06:23]
perceid today, the
[2:06:23]
so way
[2:06:26]
u can say that how aata
[2:06:27]
cent w use back then. You
[2:06:29]
know, 40 years a orhater
[2:06:31]
iss inny wayonsistent
[2:06:32]
withhat theirlan is for the
[2:06:35]
us ofhat facility today.
[2:06:38]
mber two in vw ofow
[2:06:38]
they
[2:06:39]
ve aeady kind of bken
[2:06:41]
the lawn the in inslling
[2:06:44]
those tporahillers and
[2:06:45]
not havg a pn for wt the
[2:06:47]
tent t do with that. T
[2:06:48]
ultimatelan for that
[2:06:51]
cility. It sms like ts I
[2:06:52]
is being de aroundhe
[2:06:53]
countr where you kinf break
[2:06:54]
things fst andsk for
[2:06:56]
forgivenes o ask for
[2:06:57]
forgenes ler. Ielie
[2:06:58]
it
[2:06:59]
s a baday to d things.
[2:07:01]
You shod in, first of all go
[2:07:03]
inhere with a dinite plan,
[2:07:05]
get appval for that pn, a
[2:07:07]
then proceed wit an appved
[2:07:10]
an. And justastl I
[2:07:12]
believhat ts their
[2:07:15]
propedses ionsient
[2:07:17]
with both the landse pla for
[2:07:21]
the area and als for the data
[2:07:24]
center restrictis tt we
[2:07:27]
ha in thi in ts city.
[2:07:30]
Thank you.
[2:07:39]
Additial comments.
[2:07:41]
My ne is Jun a this isy
[2:07:43]
sister alm w
[2:07:43]
liv in
[2:07:46]
Ean for s years. We le at
[2:07:49]
3060oon Lane, wch is really
[2:07:53]
cle t t subject site.
[2:07:53]
We
[2:07:54]
re worried aut the conrt
[2:07:57]
sod because eve a lik the
[2:08:00]
acptable levels of2 to
[2:08:03]
51db.
[2:08:05]
Can aectleep and stress
[2:08:07]
vels Whe you eeriee
[2:08:08]
cotantly, it dsn
[2:08:09]
t seem
[2:08:12]
right to havet closeo hom
[2:08:14]
and the schl.
[2:08:16]
So w wouldrge yuys to
[2:08:19]
deine this ruest Thank
[2:08:20]
yo
[2:08:22]
Thk you.
[2:08:35]
Adtional comnts.
[2:08:36]
It
[2:08:36]
s goingo b hard to bea
[2:08:39]
thos two for aold star. My
[2:08:41]
name is anattis and I live a
[2:08:43]
3083 Timberwolf Trail, and I
[2:08:45]
belie that our home,ur
[2:08:46]
wnho, we
[2:08:46]
re part of t
[2:08:47]
Timberwolfillage townhome
[2:08:49]
communy. Believe tt our
[2:08:50]
partularownhes les
[2:08:53]
than00ft fm those cller
[2:08:54]
And a question haves, is
[2:08:57]
that anpproiate distance?
[2:08:59]
That seemsretty cse to m
[2:09:00]
and we have the add pleure
[2:09:02]
ofooking athem o of all
[2:09:04]
of our windows I
[2:09:05]
m goingo be
[2:09:06]
ve bef. I agree wit many
[2:09:08]
of the commes. I appciate
[2:09:10]
all ofhe extra information. I
[2:09:11]
too am lrnin an incdible
[2:09:12]
amount of infmatibout
[2:09:12]
ings reallyidn
[2:09:13]
t want t
[2:09:18]
know, but toour cret,agan
[2:09:20]
got aot of media attention
[2:09:22]
forutti a pau onata
[2:09:24]
nter expansions, going from
[2:09:25]
four chiller to eht chiller
[2:09:26]
whenhey already hhat
[2:09:27]
anne Sous le an
[2:09:31]
expaion t me. Hopehat
[2:09:33]
u decline ando notppro
[2:09:36]
thr reque. Thanks.
[2:09:42]
Adtion comments.
[2:09:43]
Good eveng. Tha you for
[2:09:44]
being he, and thank you for
[2:09:46]
steng. And thank y f
[2:09:48]
e lef questioning. I was
[2:09:49]
at the council ohe planning
[2:09:51]
meeting las week,nd between
[2:09:52]
last weekndhis week, I
[2:09:52]
ve
[2:09:53]
leard aot. I
[2:09:53]
ll goack to
[2:09:55]
my ne. M ne isegan
[2:09:57]
McAnews. Those are som of my
[2:09:59]
babysitters back there. I live
[2:10:03]
at06 on Loonane. I am not
[2:10:05]
an attorney. I
[2:10:05]
m n a zonin
[2:10:06]
pert I
[2:10:07]
veearn so muc
[2:10:08]
from Mik I thankedim aer
[2:10:10]
last Thursy becau I was
[2:10:10]
ally blownway with the
[2:10:13]
presentation. B I doake a
[2:10:14]
common sen approach toost
[2:10:15]
thgs inife, and that
[2:10:16]
s wha
[2:10:17]
m aing youo doonig.
[2:10:18]
D I
[2:10:19]
m asking you t use
[2:10:24]
mmon sse asou vote. A
[2:10:25]
uple of things that stand o
[2:10:27]
me. You firstine of
[2:10:28]
estiing, MAY, I thought,
[2:10:31]
was spot on. When y make a
[2:10:32]
investment thisarge I wld
[2:10:33]
image theery firsthing
[2:10:35]
at y would looknto is the
[2:10:36]
zoni for theroperty. And as
[2:10:38]
otrsave alluded to,ata
[2:10:40]
centers in 17 are n what
[2:10:42]
da centersreoday MR.
[2:10:43]
Bakk, you ao asked se
[2:10:46]
grt qstions and got se
[2:10:48]
informion from t applicant
[2:10:50]
on the type of chiers. Do
[2:10:53]
wa to belear las wee we
[2:10:56]
lened tha t te ofermi
[2:10:57]
chillers tha are being alied
[2:10:57]
fo theon
[2:10:59]
t use wat,
[2:10:59]
th
[2:11:00]
re not tatersing
[2:11:02]
ones, but the do use lik an
[2:11:03]
inedible aunt of
[2:11:04]
ectrity. There
[2:11:04]
s tde
[2:11:06]
off with data cterooli
[2:11:08]
systems.Ou either the use
[2:11:09]
use a ton ofater or a ton o
[2:11:10]
electrity. So thenes that
[2:11:10]
they
[2:11:12]
veppli forse a ton
[2:11:15]
of electricity I think the
[2:11:16]
wonho justpoke before me
[2:11:17]
al took cmonsense
[2:11:19]
apoach to math, which isf
[2:11:20]
we
[2:11:22]
ret 4 ofccesries now
[2:11:24]
with the da center,ith
[2:11:27]
thre tin flatbed temrary
[2:11:29]
chillers, I imagi that eight
[2:11:32]
seems le aost double that.
[2:11:33]
Iss also alignedith
[2:11:33]
marking.
[2:11:34]
M a milleial, s
[2:11:36]
ofourse Iust got on the
[2:11:37]
internet a looked up
[2:11:39]
everhing I could on Iro Gate,
[2:11:40]
and y can find rendering o
[2:11:42]
theropodataente It
[2:11:44]
out there Lks lik a nn
[2:11:46]
blue spaship and I
[2:11:49]
wrapped in aarbe wire fence.
[2:11:51]
Very welming, I tnk. View
[2:11:51]
whenou
[2:11:52]
re driving dow Pilot
[2:11:55]
Knob io oonderful city.
[2:11:55]
That
[2:11:57]
s sarstic comment.
[2:11:59]
There.
[2:12:00]
Thanks for poiing itut.
[2:12:02]
Yes,es, yesor tho that
[2:12:02]
don
[2:12:04]
t know me, ao o the
[2:12:05]
maetin materials, I is
[2:12:06]
clearly stated it
[2:12:08]
co-locion cter. S as I
[2:12:09]
arnbout data centers,he
[2:12:12]
colo center is whe they lse
[2:12:15]
itut t various tenan a
[2:12:17]
it is mketed up to a capacity
[2:12:21]
of 30mw.O n at nin at
[2:12:25]
46%, the Unisys se was at
[2:12:27]
ne megatts. Mik shad
[2:12:28]
some gre information about
[2:12:30]
other Eagan dataente ses
[2:12:32]
thatre a well under ten. I
[2:12:34]
lieve ne ofhose are zoned
[2:12:38]
for r. Commo sensepproach.
[2:12:40]
This is zon for r.T
[2:12:42]
surrnded by our beautiful
[2:12:45]
park, beautiful greenpace.
[2:12:46]
The bluff is one o my favorite
[2:12:48]
placeso walk. I walk pt the
[2:12:50]
si and in thi nghborhood
[2:12:52]
androunowno theohe
[2:12:53]
communy center, t the
[2:12:54]
playound t the farme
[2:12:57]
rket Preyuch every day.
[2:13:00]
And lt my tra of tught
[2:13:03]
There I
[2:13:05]
m asking you tose
[2:13:09]
mmon sense, lookit them
[2:13:10]
as a nghbond how ty
[2:13:11]
enteredhe nghborhood.
[2:13:12]
They
[2:13:13]
re n enting withny
[2:13:15]
rt of tstwohy or
[2:13:18]
transparent behavior. W are a
[2:13:20]
really tig knitommutyn
[2:13:22]
the neighborhoo behd. I kno
[2:13:23]
theimbe wood Fol Villa
[2:13:27]
fos are as well. I have no
[2:13:28]
nfidce thathis woulde a
[2:13:29]
goodddition to our
[2:13:31]
neighborhood and to o
[2:13:33]
communy. It would n add
[2:13:35]
jobs, itould add nsend
[2:13:38]
ligh pollution on scalehat
[2:13:38]
I d
[2:13:40]
t think any os want.
[2:13:42]
Near our beautiful park, near
[2:13:43]
ourommunity cter,ear our
[2:13:45]
irgrounds, and certainly not
[2:13:46]
ne o homes, certain not
[2:13:48]
near a schl. And I mht a
[2:13:50]
that the Del site iseing
[2:13:51]
pland for, I bieve,
[2:13:52]
fordable hsing, accsible
[2:13:54]
housinixed use development.
[2:13:55]
Thi it
[2:13:55]
s would b a very
[2:13:58]
d lookor the city t have
[2:14:00]
fordle houng devopment
[2:14:02]
offered in the shadow,
[2:14:04]
teray, o a 30 mawatt
[2:14:06]
ta center.Hank yor
[2:14:08]
heing me out a aga, I
[2:14:10]
thank you a for yr time and
[2:14:11]
your exptise
[2:14:13]
Thankou.
[2:14:27]
Ditional cment.
[2:14:30]
Tom Lopez le her I Eagan. I
[2:14:32]
woul like to proseo the
[2:14:35]
counl that the actuallalk
[2:14:37]
th neiborhood andeel the
[2:14:39]
pain tha thesendivuals are
[2:14:41]
having, that that
[2:14:42]
s going 24
[2:14:46]
hos a d and not alling
[2:14:49]
th to u their bkyar.
[2:14:50]
That
[2:14:51]
s their ctle. Tt
[2:14:53]
their home. Now it
[2:14:54]
bee
[2:14:56]
vade byoise. But ang
[2:14:58]
wi that,ust lik with the
[2:15:01]
Airportoise Comssion,
[2:15:02]
they
[2:15:03]
re phingor quieter
[2:15:05]
airplas a therere quier
[2:15:07]
airplanes. And would kw
[2:15:09]
th therehoul be qeter
[2:15:11]
chillers. Don
[2:15:13]
t see w
[2:15:13]
meone isn
[2:15:15]
working and
[2:15:19]
loing into quier equipment
[2:15:20]
So there
[2:15:23]
some se give a
[2:15:26]
ta. I think a lite bit, but
[2:15:30]
theed to to b par of ts
[2:15:32]
communit They needo take
[2:15:34]
me action onhemsves and
[2:15:37]
identify some betterquipment.
[2:15:39]
Ank you.
[2:15:44]
Additional comments. Onc
[2:15:46]
twic sd. I
[2:15:47]
ll bring I bac
[2:15:48]
to couil fordditnal
[2:15:50]
coersation and or motions,
[2:15:50]
bute
[2:15:52]
ll startithiss
[2:15:53]
Mier identying questns
[2:15:56]
that she was able to fromhat.
[2:15:57]
And we
[2:15:58]
ll go fm there.
[2:15:59]
Okay Mr.Ayor, memrs of the
[2:16:00]
cocil, I will srt dow the
[2:16:01]
list understanngome MAY
[2:16:03]
ve bn a bit mor rhetocal
[2:16:04]
necessily tha requiring an
[2:16:05]
aner,ut I will let y be
[2:16:06]
theudge of those So the
[2:16:07]
first questio I heard fro
[2:16:09]
Kathy was t applicant told b
[2:16:10]
the cityhat the eense
[2:16:12]
relatedo soundtudies was at
[2:16:14]
e rk of thepplint and
[2:16:15]
did notean an iup would b
[2:16:19]
approv.
[2:16:21]
I should pbablefer tt,
[2:16:23]
MR. MAY, to the city attorne
[2:16:24]
wh hadonveations wh the
[2:16:28]
apicant aut.
[2:16:30]
MR. MAY, yh.
[2:16:31]
The noi mitigionall
[2:16:33]
bemehen itas became
[2:16:34]
necessary, I became par of
[2:16:36]
e mhanical pert. I was
[2:16:38]
theity staffuilt. Itasn
[2:16:38]
theesidt
[2:16:39]
s best interest to
[2:16:41]
gethatoise mitigatio wal
[2:16:43]
up as soo as possie. Eve
[2:16:45]
prr to the iup bei
[2:16:47]
prov, becse clely ty
[2:16:52]
were havg hvy impts,
[2:16:53]
cause we wer then becau
[2:16:56]
the noise mitigation wal was
[2:16:58]
pa of the mechanical pert
[2:16:59]
to aually connect the
[2:17:01]
chilrs weere approving. We
[2:17:03]
approved the mecnical permit
[2:17:04]
to cnect the temporary
[2:17:06]
ille. Por toow, the
[2:17:10]
p, but there w conversation
[2:17:13]
about the cditialature of
[2:17:14]
are y, we
[2:17:14]
repproving
[2:17:15]
this mechanical permit prioro
[2:17:16]
th iup but it
[2:17:17]
sonditional
[2:17:19]
at theity attorney finish
[2:17:20]
that.
[2:17:21]
S. Mr.Ayor the buildg
[2:17:23]
offial made it clear that
[2:17:24]
you
[2:17:24]
re proedin at youwn
[2:17:25]
sk.
[2:17:26]
Thank y..
[2:17:28]
At you own cost and ris
[2:17:28]
I don
[2:17:29]
tant to interpt the
[2:17:30]
fl.
[2:17:30]
Because kno we
[2:17:30]
re getti to
[2:17:33]
the residents questions, but
[2:17:37]
the grantg of t the
[2:17:38]
ilding permit for the
[2:17:39]
mporaryall and everying
[2:17:40]
el tha doesn
[2:17:41]
tonstitute an
[2:17:43]
endorsemen o a final
[2:17:44]
permanent use o cree an
[2:17:48]
entitlement to aermantse.
[2:17:50]
MR..Ayor Councilma Bakken,
[2:17:53]
no, whoug it was sce the
[2:17:55]
applicant started the tempora
[2:17:56]
chilrs whout the appval
[2:17:57]
an wer receiving noise
[2:18:00]
complaints.E indicat it
[2:18:01]
might be inour bestntert
[2:18:04]
to p thi sound barer u
[2:18:06]
t doi so, remd h I
[2:18:08]
at yourwnisk aour own
[2:18:09]
expense.
[2:18:10]
Okay?
[2:18:12]
And t other optn waso
[2:18:13]
cease oratisfhe
[2:18:15]
chilleight?
[2:18:16]
S.
[2:18:19]
Okay. Okay.
[2:18:20]
m connuin on several
[2:18:21]
quesons for Mia.Irst one
[2:18:23]
being if the intim useermi
[2:18:24]
ispprovednd Ironate is
[2:18:26]
ven, the ierim use pert,
[2:18:27]
will Iro Gate b alled to
[2:18:29]
install theechacal yard,
[2:18:30]
including the eightermant
[2:18:31]
chillers,r as a new public
[2:18:34]
process requiredithaid
[2:18:35]
oces with theublic?E
[2:18:36]
able toomme o t changes
[2:18:37]
to theite or whouthat
[2:18:38]
procs, with theublic.E
[2:18:41]
able to comnt.
[2:18:44]
MR. MAY, the the pernent
[2:18:45]
chillers a is a mechacal
[2:18:47]
permit in for the pernent
[2:18:48]
chillers. Auilding pmit
[2:18:49]
wi als be require for tha
[2:18:50]
because the masry wl
[2:18:52]
permsounow buildin
[2:18:53]
permits, mhanicalermits a
[2:18:55]
appred administrately. S
[2:18:57]
there io public mting
[2:18:59]
ocessn thepprol o a
[2:19:03]
buildingr mechanical permit
[2:19:06]
Next question. Doe the plic
[2:19:07]
ve accesso communication
[2:19:08]
twee the appcant a t
[2:19:13]
city Ieard doeshe plic
[2:19:15]
ve accesso communicati
[2:19:16]
between t applicant and the
[2:19:17]
city, iluding, I would say
[2:19:18]
what we
[2:19:18]
vencluded I our
[2:19:19]
pack would b my aneotal
[2:19:23]
comment.
[2:19:25]
I mean,ccessasically we
[2:19:26]
provided I think some o that
[2:19:27]
infoation I part o t
[2:19:31]
packet There mht be oer
[2:19:32]
communicatns withhe
[2:19:34]
apicant offli tt was
[2:19:36]
communiced befe. Tt is
[2:19:37]
not partf t packet tha
[2:19:37]
wasn
[2:19:38]
relevant to the
[2:19:40]
communicatn wh wit
[2:19:40]
counci
[2:19:41]
consideration. Thi
[2:19:42]
item
[2:19:43]
Okay
[2:19:45]
Willutur noi studies be
[2:19:46]
do on wknights and
[2:19:47]
ekends, wch is the tim of
[2:19:48]
y and neighbors are
[2:19:53]
pericinghe mt noi.
[2:19:59]
MR. Mayor, the. Noi study was
[2:20:00]
done which sai that if they
[2:20:02]
implemen this wall,t shoul
[2:20:05]
meet noisetandards. Nse
[2:20:08]
evuati was completed that
[2:20:10]
said tt a between 3 and 4
[2:20:12]
m. On a ctain day itid
[2:20:16]
notxcee nse standar
[2:20:17]
There is a condition of
[2:20:20]
apoval that ss that the
[2:20:23]
ciay request addiona
[2:20:24]
noe stues or noi
[2:20:27]
evaluaons. I wld def to
[2:20:29]
e city attney on. Under
[2:20:32]
what critea could w require
[2:20:32]
at?On
[2:20:33]
t tnk that we
[2:20:34]
uld requirehat everyay,
[2:20:36]
but would derhat to the
[2:20:38]
ci attorney. As far as how
[2:20:39]
ofn or whe we cou require
[2:20:41]
addional noise stues or
[2:20:45]
noise evaluions.
[2:20:49]
Mr.Ayor.T has toe
[2:20:50]
raonal related to have a
[2:20:51]
nexuso the wt you
[2:20:51]
ve
[2:20:52]
approv. So I you
[2:20:53]
ve arove
[2:20:55]
is subject to t noise wall,
[2:20:56]
then city all of a sudn gets
[2:20:58]
another doz complaintes,
[2:20:59]
we could we cld have fol
[2:21:01]
th condition and say we need
[2:21:04]
other noise study.
[2:21:06]
And to addn fai to say the
[2:21:07]
we cou add a noi study
[2:21:08]
would b need. Thatould
[2:21:09]
includ weekend hours a
[2:21:12]
eknight hours. Is ttrue?
[2:21:14]
Yes. Oka
[2:21:16]
the MPCatandds dineate
[2:21:17]
cotant noise versus on and
[2:21:20]
of noise?
[2:21:23]
No. The MPCa, MPCa standds
[2:21:27]
sicallyreubject to the
[2:21:31]
hours specied here.O
[2:21:31]
basillyt
[2:21:33]
s bed on dibel
[2:21:36]
vels beten 7nd 10 p.
[2:21:38]
And the 10 P.M. To 7 a.. So
[2:21:41]
it isot spefic to mbe
[2:21:43]
the continuous basically
[2:21:44]
lower freency nois tt
[2:21:46]
migh be generated tha maye
[2:21:49]
consider more of nsance
[2:21:51]
than reay nse vlati.
[2:21:52]
Okay.
[2:21:53]
Hrd Timsked the questns
[2:21:54]
what will hapn tohe
[2:21:55]
property valsf t
[2:21:57]
neighbhood if ts busines
[2:21:58]
ves forwardndave other
[2:22:00]
studieseen done on simil
[2:22:01]
da cter busesseo know
[2:22:03]
whether wallndmprovements
[2:22:04]
asropod wl solve the
[2:22:06]
ise issues, aone wts to
[2:22:08]
ke, that one
[2:22:09]
I.
[2:22:11]
M surehere are pbabl
[2:22:12]
sties that a out there,
[2:22:14]
whethe what
[2:22:15]
somplating to
[2:22:18]
at is wt type of wha type
[2:22:19]
of cooling system are they
[2:22:21]
opating? Is it the se type
[2:22:23]
of mhanical, younow,
[2:22:24]
mponts a part of tha So
[2:22:24]
there
[2:22:25]
s som comications
[2:22:26]
at, you know, it
[2:22:26]
s not
[2:22:28]
necessily apples to apples.
[2:22:30]
And t last qstio I hrd,
[2:22:31]
whic perps w rhetorical,
[2:22:33]
but wts the iact o l
[2:22:33]
fruenc noise on the
[2:22:35]
children,artilarly tse
[2:22:37]
atteing the neay sool?
[2:22:37]
Don
[2:22:38]
t kno tha we have that
[2:22:39]
data at ts time.
[2:22:41]
And.
[2:22:43]
Mr.Ayor we don
[2:22:44]
t have tha
[2:22:45]
data. That reay is a health
[2:22:47]
issue. Thaeally I the ste
[2:22:49]
of Minsota gernance,ublic
[2:22:52]
health. And we areust lik we
[2:22:55]
need to ade bpa standards
[2:22:59]
foroise The state sets wt
[2:23:02]
thresholds are for health.
[2:23:03]
Thos a the questions that I
[2:23:06]
had written dn. MR. MAY.
[2:23:07]
Thank you.
[2:23:08]
Cocilmber Hann.
[2:23:09]
D like
[2:23:11]
toollow up with point tt
[2:23:15]
waade in cments at lst
[2:23:16]
thre separat times that I
[2:23:16]
don
[2:23:17]
t thi h been dirtly
[2:23:18]
addressed. And I
[2:23:19]
dike to ask
[2:23:24]
. Margoliesf if.
[2:23:25]
Three cllers.
[2:23:29]
E suffient tporarily, why
[2:23:30]
ishere a nee for eig
[2:23:31]
chilrs permanely? Is thi
[2:23:33]
an indicatn of pnnedrowt
[2:23:36]
in the dat center?
[2:23:37]
I don
[2:23:38]
kno if I havehe
[2:23:41]
answero that. Councilmemb.
[2:23:42]
Th it MAY haveoo with the
[2:23:44]
efficiency. I MAY he to do
[2:23:46]
with how they opete. I has
[2:23:47]
do with theemann the
[2:23:47]
buding Ion
[2:23:48]
t know the
[2:23:50]
answer to tha There have been
[2:23:52]
a number of questions tight
[2:23:52]
which I c
[2:23:55]
t answer, and it
[2:23:57]
not because I
[2:23:58]
m evasive It
[2:23:59]
because I
[2:23:59]
mtupid. D
[2:24:00]
ow wt thosehenswers,
[2:24:02]
oseuestions a. We
[2:24:03]
ve
[2:24:04]
ied to not them. A if the
[2:24:07]
council wou like, w would
[2:24:09]
work hard to try and gethe
[2:24:10]
swer to yourpecic
[2:24:11]
questions.E
[2:24:12]
ve tried t be
[2:24:14]
respsive t erythg tt
[2:24:17]
the cityas asked us too
[2:24:18]
and thenowy sdies and the
[2:24:19]
way yousked uso dohem. We
[2:24:20]
provided the information you
[2:24:21]
aske We
[2:24:22]
llontie to do
[2:24:24]
th. And if it
[2:24:24]
s the council
[2:24:27]
desi to hav us pvideore
[2:24:28]
informion, the tha
[2:24:28]
what
[2:24:29]
we
[2:24:30]
ll do. If it
[2:24:30]
she council
[2:24:32]
desire f us toave a public
[2:24:33]
meing and he more
[2:24:34]
discussions and g more
[2:24:36]
information fm the fro the
[2:24:38]
fr the neighrhoo w
[2:24:38]
re
[2:24:41]
happ to do tha If you fee
[2:24:41]
at tre
[2:24:43]
s mornformation
[2:24:44]
that you nd in ordero make
[2:24:45]
is decision orhat hasn
[2:24:48]
been put ohe record or whe.
[2:24:53]
Hay andnd willingo do
[2:24:55]
at.
[2:24:56]
And we appreate tha would
[2:24:59]
be interested in knowing why
[2:25:04]
eit chillers areeede.
[2:25:05]
MR. Mayor.
[2:25:09]
Cocil.
[2:25:11]
Just to comment on erythg
[2:25:12]
that we
[2:25:12]
ve hnd I
[2:25:13]
keep it
[2:25:16]
etty short he.Nd I look
[2:25:19]
at this almt entirely throu
[2:25:22]
the lenf lan use And I
[2:25:24]
I gss I
[2:25:27]
say, incdulous
[2:25:29]
As far a I canell, there
[2:25:29]
s a
[2:25:31]
numerous data cters around
[2:25:34]
the Tn Cities that a that
[2:25:35]
are developed by thisroup
[2:25:35]
andnd I d
[2:25:36]
t understd
[2:25:37]
w they wldn
[2:25:39]
t kno to do
[2:25:41]
thr d diligence t see I
[2:25:42]
thehills onhe building
[2:25:45]
are working pperly, that it
[2:25:47]
aermiedse in thi area,
[2:25:48]
that they
[2:25:48]
re gting the pror
[2:25:50]
peitso do theuildgnd,
[2:25:53]
and, and mechacal perts.
[2:25:56]
Ourules he in Eagan a not
[2:25:57]
that arce. They
[2:25:58]
re nothat
[2:26:00]
diffent tha any otherity.
[2:26:00]
And I
[2:26:04]
m just cious how
[2:26:06]
ca youome in here a not
[2:26:08]
derstand the basic rulesf
[2:26:10]
wou, you kw, put new
[2:26:15]
usento a buildin? And my
[2:26:17]
biggt concern, and I tnk
[2:26:19]
Tim mentied it earer, I
[2:26:19]
what
[2:26:23]
sext? I mean. How many
[2:26:24]
re times is somethi else
[2:26:26]
gog to happen? For example
[2:26:27]
mae an eansion? We don
[2:26:30]
kn. Ds it hpen fst and
[2:26:31]
then weind outbout it
[2:26:33]
ter? Think we need to me
[2:26:36]
surehat theules we here
[2:26:39]
beg respected. Tha
[2:26:39]
all I
[2:26:39]
have
[2:26:41]
MR.
[2:26:43]
Counciembe Fields.
[2:26:45]
m going to ppose.
[2:26:46]
A motion.
[2:26:50]
Gng to dirt, prepa
[2:26:51]
d prepare. Finding the fac
[2:26:53]
renial for theix mth
[2:26:55]
interim use pert to aow
[2:26:57]
ouoor stoge of fou tiler
[2:26:59]
chillers units on t prorty,
[2:27:02]
located at 319 Pot Kno
[2:27:04]
Ro, legally described as lot
[2:27:06]
block one. Unisys Pk.
[2:27:09]
Send now. Tnk you. So here,
[2:27:09]
here I
[2:27:11]
m sting I
[2:27:11]
been at
[2:27:14]
isn this dt fver6
[2:27:17]
years,nd I have never seen a
[2:27:20]
deloperomen witho
[2:27:22]
king to speako a couil
[2:27:25]
meer askin to wor Youid
[2:27:27]
rk wh our cit staff aft
[2:27:33]
the fact,nd the dregardor
[2:27:37]
the whole cy process. I mn,
[2:27:39]
ve bee a comnity and a
[2:27:42]
counlor a lg timehere
[2:27:43]
We
[2:27:43]
we
[2:27:46]
re family. We hav
[2:27:49]
builthis city for our pple.
[2:27:53]
We p arocess togetr for
[2:27:56]
an aa study We metith t
[2:27:58]
elemenry schoo kids. W m
[2:28:00]
with atarketest, with t
[2:28:02]
peop of the cy ofagan
[2:28:03]
Whatid they wan us t do
[2:28:06]
th this aa? A w came up
[2:28:07]
with a gre pla We
[2:28:07]
oing
[2:28:09]
to he new peoe I w
[2:28:11]
going t hav homes, affordable
[2:28:14]
usin MAY somusinesses.
[2:28:15]
U dn
[2:28:15]
t ask. You didn
[2:28:16]
tome
[2:28:17]
in a ask. Youidn
[2:28:18]
t care.
[2:28:19]
You just said, oka we
[2:28:19]
re
[2:28:21]
going to do thi But the one
[2:28:23]
thinghataughte off guard
[2:28:26]
is how my tim I heard, I d
[2:28:29]
not kw. I d not kw. Have
[2:28:32]
counted at least5. Io not
[2:28:36]
knowhat tss why I d
[2:28:38]
ow I you bong I thi
[2:28:40]
greatity. Sohat
[2:28:41]
s my.
[2:28:42]
At
[2:28:46]
s my opinionnd abody
[2:28:48]
else wants to add.
[2:28:50]
Councilmemr Bucket.
[2:28:53]
So well Iuppo theotio
[2:28:54]
Yeah Motio is made a
[2:28:55]
second. The motn on the
[2:28:57]
tabl here.
[2:28:59]
And I commend MR. Marlies for
[2:29:01]
beg a very efftivend
[2:29:02]
zeous advocate for you
[2:29:05]
client. I, I aire the
[2:29:05]
rratehat you
[2:29:06]
ve p
[2:29:07]
forwar Withll due resct,
[2:29:10]
m not quite buying I The
[2:29:12]
main narrative I that this is
[2:29:13]
thing more than a
[2:29:14]
continuation of a
[2:29:15]
wellstabshed historil
[2:29:18]
use. Strony disree wit
[2:29:21]
th characterizatio to t
[2:29:22]
exte that
[2:29:24]
mot comfortable
[2:29:24]
granting t Ey
[2:29:26]
p, because I
[2:29:27]
thk it would repsent or
[2:29:31]
able a fundantal change in
[2:29:34]
the use of troperty. The
[2:29:36]
histical use has been an
[2:29:38]
acssory use, a sllerse
[2:29:40]
methingeconry andn
[2:29:41]
suppt of t mai u ofhe
[2:29:42]
property, which is resrch a
[2:29:45]
developmen I did ask a numr
[2:29:47]
ofuestns. T to fd out
[2:29:49]
wh exactly I goingn here.
[2:29:49]
It
[2:29:53]
not tt. Ts type of
[2:29:55]
acon should more prorly be
[2:29:57]
nsided in a plic pcess
[2:29:58]
through a guide chaend or
[2:29:59]
zong.
[2:30:00]
Ange
[2:30:00]
it
[2:30:03]
s goi to happent all.
[2:30:04]
D although we
[2:30:05]
re not
[2:30:07]
addressing tho questions
[2:30:08]
tonight becse it I just an
[2:30:12]
iep, tt pcess wouldlso
[2:30:14]
mo properly aow the cncil
[2:30:17]
t div into issues of
[2:30:20]
electric and wat u, you
[2:30:22]
ow, to the nghbo, the
[2:30:23]
city doesn
[2:30:23]
t do sff with
[2:30:25]
ectrity. I mea it
[2:30:26]
thern this neck of the
[2:30:26]
wood it
[2:30:27]
s either Xl or
[2:30:28]
kota Electric. I tnk ts
[2:30:31]
property I served by Excel.
[2:30:32]
Ther are ways that t power
[2:30:35]
company can proct ratepayers
[2:30:36]
om t impts ofata
[2:30:38]
ceers through theower
[2:30:39]
puhase agreent. I think
[2:30:39]
it
[2:30:41]
s Exc. I havo idea wha
[2:30:41]
they
[2:30:41]
doing. It
[2:30:42]
s beyondhe
[2:30:42]
purviewf what we
[2:30:43]
reoing
[2:30:44]
toght. But just so that, you
[2:30:47]
know,hose tes of of
[2:30:50]
mitigatis c be de. And I
[2:30:52]
ink possibly ihe context
[2:30:54]
of land u changhe city
[2:30:56]
MAY haveome authorio
[2:30:59]
reire actio tt mitigate
[2:31:01]
tentialmpactsn residents.
[2:31:01]
We c
[2:31:02]
t dohat withinhe
[2:31:05]
scope on iep. I alsoave
[2:31:07]
some ccern abo t
[2:31:09]
chilrs andhe pns. You
[2:31:11]
kn, the eventual conceptf a
[2:31:14]
pl ofxpanngo 8 or 9
[2:31:17]
permit chiers.Ounow, the
[2:31:18]
the applica has sted, wl,
[2:31:21]
ere werehree old one or
[2:31:23]
9 new one whi are more
[2:31:26]
efficient aoss the boa.
[2:31:27]
Ceainly I ter of the btu
[2:31:30]
of cooli tha the produce.
[2:31:31]
And it to me,t begs t
[2:31:33]
question,hiss not a
[2:31:36]
replacemt o an exiing u.
[2:31:38]
It is a veryroadxpanon. I
[2:31:39]
me, ateast a thr times
[2:31:41]
expansion in the terms of the
[2:31:42]
amount of activity that
[2:31:44]
takinglace bause w els
[2:31:46]
wouldou nd at lst three
[2:31:48]
times a much BTUs of coong
[2:31:51]
capacity? So I he questions
[2:31:53]
abou tt. I, I don
[2:31:53]
t s this
[2:31:55]
as jt aeplament o
[2:31:56]
existing equipment. At thend
[2:31:58]
of theay, it is aeryroad
[2:32:00]
expansion of wha shoulden
[2:32:02]
acssor use Itmoun to
[2:32:05]
fundamental change ihe t
[2:32:08]
peitted lan use,nd f
[2:32:10]
the rsons, I, I suprt t
[2:32:17]
motion. Yeah. And mea the
[2:32:18]
last thing is.
[2:32:20]
Again,t
[2:32:21]
s beyd the sco of
[2:32:23]
e conversation tonht. B
[2:32:23]
butnef the thing w
[2:32:24]
ll
[2:32:26]
ve t talk aut I t sdy
[2:32:28]
about dat centers in geral
[2:32:30]
is t difference between
[2:32:32]
aditnal dat cters which
[2:32:34]
for for srage, wch are sort
[2:32:36]
of akin to a room fl of
[2:32:39]
ling cabinets,ounow,his
[2:32:40]
facility was built in the 80s,
[2:32:43]
I think, younow, I spent
[2:32:44]
couple of sumrs worng
[2:32:47]
asmbly at ibm I Rochester,
[2:32:49]
d I know whaype of srage
[2:32:50]
ings they were ung bk
[2:32:52]
th. Y know, the wer
[2:32:53]
what
[2:32:55]
seing ud today.Ou
[2:32:56]
know conmers. You h the
[2:32:59]
biisk dris, and w
[2:33:01]
stil usi the the big 5.25i
[2:33:03]
oppies f entpris Those
[2:33:05]
uns had platters tt I mean,
[2:33:06]
these things we le the siz
[2:33:09]
of a disashe And the amount
[2:33:11]
data that they cou store
[2:33:12]
wasn
[2:33:13]
all that much in
[2:33:14]
comparison to today
[2:33:15]
s data
[2:33:16]
storage. B the
[2:33:16]
s a
[2:33:18]
fference beten aoom full
[2:33:20]
of electrocilin cabets
[2:33:21]
th people can reque and
[2:33:23]
retrievenfortionrom, and
[2:33:25]
compute. I don
[2:33:25]
t see tt as an
[2:33:27]
accessory storage use. It
[2:33:31]
more of aanufacturingrocess,
[2:33:31]
whh I
[2:33:33]
m not sure a conrsio
[2:33:36]
of use from r&d to that type o
[2:33:37]
proces is appropria. B
[2:33:38]
agn,hat
[2:33:39]
s beyon the scope
[2:33:40]
of t conversation tonht.
[2:33:40]
It
[2:33:41]
something we
[2:33:41]
re gng to
[2:33:45]
ha toook into. A the
[2:33:47]
rticular use you know, at
[2:33:48]
some pointt
[2:33:49]
s going toatte
[2:33:52]
at exactly is bng renred.
[2:33:56]
Causf the, the sversr
[2:33:58]
the the comte cluers being
[2:33:59]
hostedn site b whater
[2:34:01]
compy are recving recving
[2:34:03]
requests for cerin types of
[2:34:07]
material a tn are served
[2:34:08]
t to ping cusmers it
[2:34:10]
quite posble tt some of
[2:34:11]
these facilits cld fall
[2:34:13]
in the categor of a adult
[2:34:14]
use facilit and.
[2:34:14]
Ere
[2:34:15]
s a.
[2:34:17]
Whole saratet of
[2:34:20]
rerictions that app to
[2:34:21]
placeshat dohat sortf
[2:34:23]
thing. So I don
[2:34:23]
tave any
[2:34:25]
answs for tha tight. But
[2:34:25]
that
[2:34:26]
s y another thi that
[2:34:28]
ll need t lk at, because
[2:34:29]
for tho tes ofacilies,
[2:34:31]
therere scing ruirements
[2:34:32]
om residential properties and
[2:34:33]
aumbe of other, younow,
[2:34:35]
rerictns oquareoota
[2:34:36]
at c be dedicatedo it.
[2:34:38]
They mayr MAY not apply in
[2:34:40]
the future toata cenrs. But
[2:34:40]
there
[2:34:41]
s aifferenceetwe
[2:34:43]
store and comte. So thank
[2:34:44]
you for indulng me. He
[2:34:47]
settled. B at the end of the
[2:34:48]
y, Ion
[2:34:49]
t sport theup
[2:34:50]
cause.
[2:34:51]
It it.
[2:34:53]
Seems to me le a aackdr
[2:34:56]
way of affecting a landse
[2:34:57]
chge that
[2:34:57]
s mor appropria
[2:35:02]
fo a zoningr guidehang.
[2:35:02]
Gue I
[2:35:03]
ll I
[2:35:04]
ll mak a few
[2:35:04]
comments. I don
[2:35:05]
t I don
[2:35:07]
necearil meanorap it up,
[2:35:12]
d I welcome all the cment,
[2:35:12]
t I
[2:35:13]
ll speak t a couplef
[2:35:15]
differentssue Andnd I
[2:35:16]
nt to say,irst off, MR.
[2:35:19]
Rgol, I a lotf tngs I
[2:35:21]
disagree with y on yr self
[2:35:23]
characteritionstupid is
[2:35:24]
onef tm. Don
[2:35:24]
think
[2:35:25]
you
[2:35:26]
re stupid at a. I think
[2:35:27]
you
[2:35:29]
re qte ielligent and
[2:35:30]
and I appreciate that. So I
[2:35:31]
just want toorre the recd
[2:35:39]
on thatne. The I thinkhere
[2:35:40]
arewossues and the
[2:35:41]
s one
[2:35:42]
the table, buthere
[2:35:43]
s a
[2:35:44]
rger issue at hand that that
[2:35:45]
it
[2:35:46]
s n part of the motn
[2:35:46]
ghtow. But I wld like t
[2:35:48]
council to enttain the notion
[2:35:53]
of ging se direction on the
[2:35:55]
application for theermant
[2:35:56]
aile thatre I frontf
[2:36:00]
us. But on the iup, I
[2:36:01]
ll start
[2:36:03]
there, I gue, and then
[2:36:08]
ogre on scifio the iup.
[2:36:14]
Upportive of denl in
[2:36:20]
part, I largeartecause.
[2:36:25]
The Iind the presentatn of
[2:36:30]
the nse stu to b confusing
[2:36:34]
d incomplete, and the
[2:36:34]
applicant
[2:36:35]
s flure t be ae
[2:36:37]
to asko awer questio
[2:36:39]
abt howhat study was done
[2:36:42]
on a technic lev,oes not
[2:36:47]
see the iup and theix mon
[2:36:50]
term. I know tt the
[2:36:50]
s some
[2:36:52]
disaeement on whatxactly
[2:36:54]
was de in ter of the noi
[2:36:55]
sties, and Ion
[2:36:56]
t knowhat
[2:36:56]
we
[2:36:58]
ll get there.Ut fm
[2:36:59]
what
[2:37:01]
s bnresented and
[2:37:02]
what
[2:37:04]
able tomment on, I
[2:37:06]
ha a baseline stu that
[2:37:08]
takes int consideration a 24
[2:37:11]
ur perd and docents or
[2:37:12]
mols. I
[2:37:14]
n sure which
[2:37:16]
anticipated nse lels for
[2:37:19]
th entire 24 hr period
[2:37:25]
befohand. Ithenuts u,
[2:37:26]
and for tse of you who
[2:37:26]
ven
[2:37:27]
t seent in t
[2:37:29]
materials I prent, there
[2:37:29]
s a
[2:37:30]
wholeot of discussn witn
[2:37:32]
the withinhe studiesnhe
[2:37:35]
pact ofeather, o the
[2:37:36]
movement of noise through t
[2:37:38]
air. I
[2:37:39]
a liberalrts major.
[2:37:39]
I d
[2:37:41]
t get mos of it,ut
[2:37:42]
appantly weaer has
[2:37:49]
somethin too withhis. The
[2:37:53]
sty o the other side is
[2:37:56]
designed to, in my estimatio
[2:37:59]
cherry pic anour beten 3
[2:38:02]
and in theorning when its
[2:38:08]
40 m 40s, up. And m ccern
[2:38:09]
is, I don
[2:38:11]
t know how that
[2:38:13]
weather cditionpeaks tohe
[2:38:15]
velf operationf t
[2:38:20]
chille. Four mths fromow,
[2:38:22]
in Jun oruly, whatever, four
[2:38:27]
months from n is a
[2:38:32]
mperures that aren the
[2:38:36]
s overnight, maybe even in
[2:38:38]
e 8, overnig, high
[2:38:41]
humidity cditions. Aven
[2:38:44]
though theeportpeak toow
[2:38:47]
weatr can iact noise,
[2:38:48]
sending, it doe
[2:38:49]
t tal toow
[2:38:51]
variance withinhe chillers
[2:38:53]
uld afft t noise
[2:38:55]
decibels. So I find theoise
[2:38:57]
udy onhe backndo be
[2:38:58]
inadequate for bei able to
[2:39:01]
assuhathe public heah
[2:39:03]
and sety a welref the
[2:39:05]
nehborod would b protected
[2:39:08]
within the tms o t iup. S
[2:39:09]
fo me, that
[2:39:10]
s theasic rson
[2:39:11]
y I
[2:39:12]
mere to deny that and
[2:39:18]
why Iuppo denying it.
[2:39:25]
Beyond tha. I jus Ion
[2:39:29]
find the appachf the
[2:39:30]
applicant to b very
[2:39:33]
forthcomg or infortive a
[2:39:35]
I arecie tt folks learned
[2:39:37]
om som of my questions
[2:39:37]
tonit. Don
[2:39:38]
teel like I
[2:39:39]
learnedhole lot, because I
[2:39:40]
di
[2:39:42]
t feel like was getng
[2:39:44]
very clear or forthcoming
[2:39:48]
swer and, younow, I, I
[2:39:53]
think tt the rhetocalrick
[2:39:57]
trying to ce a.
[2:40:00]
Certificate of occupancy as the
[2:40:05]
contllingntitlement to land
[2:40:07]
that is carly already guided
[2:40:10]
an zoned for aurpose that
[2:40:12]
allows a dataenter toe an
[2:40:15]
accessorot a pmary use,
[2:40:18]
specis.Nd I
[2:40:18]
m not
[2:40:21]
inrest in bei suprtive
[2:40:23]
of that. I mean, I think it is
[2:40:25]
clear to me at least, that
[2:40:27]
there is a sigfica amount
[2:40:29]
of due digen that the
[2:40:34]
applicant could have deo
[2:40:35]
follow u onhat theyanted
[2:40:38]
to do I terms of addhillers
[2:40:41]
and usehepace asata
[2:40:44]
nterhief among tm wld
[2:40:45]
o thrgh the ordiny
[2:40:47]
press of hing the lan we
[2:40:50]
guided and rezed. To do tt,
[2:40:52]
u put anpplition in with
[2:40:55]
the cit Weome up with
[2:40:56]
th a approach to wheth or
[2:40:57]
note
[2:40:58]
re going to d that, and
[2:41:03]
alanor the site. The
[2:41:07]
emergenc of temporary cllers
[2:41:10]
to replace a stem. But then a
[2:41:13]
further o uetermined
[2:41:15]
permanent structure to come
[2:41:17]
And not knowing what the
[2:41:19]
decisionakin is between
[2:41:25]
thos two, to me,s jus. Not
[2:41:27]
aood represeatio o the
[2:41:27]
e digencehat
[2:41:30]
s reqred.
[2:41:31]
U know,he moratorm that
[2:41:34]
apted is for a ver
[2:41:36]
ecifype of dat center,
[2:41:38]
which, und crent
[2:41:41]
ciumstance, asn aesso,
[2:41:43]
us, ts property wou fit
[2:41:46]
in, would fit int The problem.
[2:41:48]
Is ty
[2:41:50]
reot using it as an
[2:41:51]
cessyse. They
[2:41:52]
making
[2:41:54]
no bonbout the ft tha
[2:41:55]
they think theyough a data
[2:41:56]
center, that they
[2:41:57]
orating
[2:41:58]
it as a data center, that
[2:41:59]
that
[2:42:00]
s t priry use of the
[2:42:01]
data cenr.Hey don
[2:42:01]
tven
[2:42:02]
pretend that there
[2:42:03]
anyffic
[2:42:05]
us to it. The jus say it
[2:42:05]
s a
[2:42:07]
data cter bause we say it
[2:42:11]
aata cente bas on ceo.
[2:42:11]
It
[2:42:14]
s n a data center.T w
[2:42:16]
neve operateds a da
[2:42:19]
nter. It was opetedith a
[2:42:20]
data center int asn
[2:42:24]
accessy, not primary use.
[2:42:25]
The land that ty are on right
[2:42:28]
no isot is notntitd t
[2:42:31]
be a standale or primary u
[2:42:34]
data cenr. S that exten
[2:42:36]
I just fd the, the thehe,
[2:42:43]
e, the applicants to be. N
[2:42:44]
doing the due dilence
[2:42:45]
because tir due digen
[2:42:46]
would get tmnswers ty
[2:42:47]
don
[2:42:51]
tike. My suggestion is
[2:42:53]
that in additn t voting
[2:42:54]
agains the iup, which I plan
[2:42:56]
to do, I
[2:42:57]
d likeo talk aut
[2:43:01]
givi direction to sff that
[2:43:04]
at we notpprove the
[2:43:06]
rmanent cllers on
[2:43:07]
construction level unt and
[2:43:09]
less it I part o an
[2:43:12]
applicatn for chaen
[2:43:15]
landse.Ndt that pnt,e
[2:43:16]
can conside both the change in
[2:43:18]
nd use and the permanent
[2:43:20]
consuction of sce f
[2:43:22]
chilrsn the same
[2:43:23]
conversati. Andhat
[2:43:24]
s the
[2:43:25]
y it shoule, and tt
[2:43:27]
e w the process usually
[2:43:30]
work I am not I
[2:43:30]
going to
[2:43:31]
m gng t loop backow to
[2:43:33]
e I. I amot interesd in
[2:43:36]
taking upr. Margoli onhe
[2:43:38]
ggeson tt we d more
[2:43:40]
study, because w areere,
[2:43:42]
beuse theyoveorwa with
[2:43:43]
a plan that wasn
[2:43:43]
t fully
[2:43:44]
thought o, wn
[2:43:45]
t fly
[2:43:46]
clear, a I thi they did
[2:43:50]
do I in good faith. And and to
[2:43:53]
that exten extending o this
[2:43:55]
convsation and further
[2:43:57]
rdening t neighborhood s
[2:43:59]
thatheyanontinue to ski
[2:44:01]
and go around thedges of
[2:44:02]
regulations is not something
[2:44:04]
m intertedn doing.E
[2:44:06]
haveeenlaying ges on this
[2:44:07]
si for upwards of tee
[2:44:09]
mohs rht now. I
[2:44:09]
m not
[2:44:11]
intereed in another three
[2:44:13]
months oflayi games and
[2:44:14]
m n interested in going
[2:44:16]
throughhis discuion again
[2:44:17]
unless I
[2:44:18]
s in the ctextf
[2:44:20]
being forthcoming and in gd
[2:44:21]
faith abo wt thentend
[2:44:24]
landse is. N. At some
[2:44:29]
point, repcing t cooling
[2:44:31]
syem on the blding require
[2:44:34]
r cller Threef which
[2:44:35]
were going to b orational,
[2:44:36]
one of whichasn
[2:44:36]
toing to be
[2:44:37]
erational, I was going to
[2:44:39]
serve as a bkup. Now, what
[2:44:43]
m told is we want to go to
[2:44:46]
uble that.T tt point,
[2:44:47]
you
[2:44:48]
re no longereplacing a
[2:44:49]
coolg system. Y are
[2:44:52]
expanding a cooli systeow
[2:44:53]
what the level of expansi I
[2:44:54]
Ion
[2:44:55]
t know,ecausehe
[2:44:55]
applicant hn
[2:44:56]
t fthcong o
[2:45:00]
that. But uil we knownd we
[2:45:01]
have clearer sense of that,
[2:45:02]
not intereste ineein
[2:45:04]
thepprol on the pernent
[2:45:07]
permit eitr. So Cncil, I,
[2:45:10]
d throw tt u for you as a,
[2:45:12]
as a discuion pnt in
[2:45:13]
dition to the mion onhe
[2:45:14]
table. S Cncilmber
[2:45:15]
Babbitt.
[2:45:16]
Thank
[2:45:17]
Mar thathat that wld lead
[2:45:18]
a question for our cit
[2:45:21]
attoey if weould want to
[2:45:23]
give direction to sff to hold
[2:45:25]
of on arovalf the the
[2:45:27]
permanent pmit,nless it
[2:45:29]
cos to us as a part of a lan
[2:45:32]
use chae reque, would that
[2:45:33]
a sarate mion?
[2:45:35]
MR. MAY? COUNCILMAN?Es,
[2:45:37]
that woulde we. Staffoes
[2:45:41]
needirection on it is seems a
[2:45:43]
little usual to when when
[2:45:45]
three word to applyor for
[2:45:48]
ght and we need decti
[2:45:50]
from council as to wheere
[2:45:52]
should we be processing this.
[2:45:54]
Shoulde a forore data on.
[2:45:56]
Ishisnly going to sve
[2:45:58]
ur neegawatt, or is it
[2:46:01]
conserve 3w? Thesere things
[2:46:02]
weon
[2:46:03]
t knond think in
[2:46:03]
lit o what w
[2:46:04]
re heari
[2:46:06]
nighhat it it
[2:46:08]
s seems the
[2:46:09]
wi ofhe council that ts
[2:46:11]
is a lan use change, not a
[2:46:13]
interim u permit change or
[2:46:14]
applicatn, evehough that
[2:46:15]
what before you. Soes, we
[2:46:16]
would likeome directi. It
[2:46:18]
wod be a sepate actio
[2:46:19]
item
[2:46:21]
Okay.
[2:46:24]
Io I hav to we haveo do
[2:46:25]
weaveo clearhe table of
[2:46:27]
e original motion. Yes MR.
[2:46:27]
Yor.
[2:46:28]
Sounds goo
[2:46:31]
So MAY couil I w want t
[2:46:32]
if we have aitiol commes
[2:46:35]
he and thee
[2:46:35]
ll come
[2:46:36]
backnd I
[2:46:36]
ll mak aotion on
[2:46:37]
directionfterwards.
[2:46:38]
Anr. Mayorust poi of
[2:46:40]
arifation. Theotion me
[2:46:41]
s t approvef.
[2:46:45]
Wenow to dy. Doe.
[2:46:46]
Do we nottart.
[2:46:48]
With simar t me to dhat.
[2:46:49]
Planning Comssior.
[2:46:50]
We d
[2:46:50]
t do tha here. N
[2:46:51]
Okay. You he the oion
[2:46:53]
eier to arove o to direct
[2:46:55]
our offic to ppare finngs.
[2:46:56]
Okay. Tt was t mion I to
[2:46:58]
epar findings of denl tha
[2:46:59]
would beonsired aour
[2:47:00]
next meeng.
[2:47:02]
And athis point, Bob, from
[2:47:04]
the conversatio you hav the
[2:47:06]
the basically Joe,ou needo
[2:47:08]
to draft those fding
[2:47:09]
Yes,r. Mayor, okay.
[2:47:13]
Soundsood. Councmemb.
[2:47:14]
And I
[2:47:16]
aaysangeus to
[2:47:18]
try t follow the mayor becse
[2:47:19]
he saidverying thaeeds
[2:47:21]
toe said.
[2:47:22]
I w well, eveuall I he
[2:47:23]
torite
[2:47:24]
I wiligently taking notes
[2:47:25]
all the w tough the
[2:47:27]
scussion, ande stolell my
[2:47:28]
under. S.
[2:47:28]
Sorry.
[2:47:33]
Oh, so wl just s that
[2:47:34]
there
[2:47:34]
s a fdamental
[2:47:36]
differen in how t the
[2:47:38]
plicant vws thi property
[2:47:39]
as comred to hhe city
[2:47:43]
does. You kno and so Ihink
[2:47:44]
whate
[2:47:45]
re lefith is some
[2:47:46]
unss we c do som thingso
[2:47:48]
help crify t future o this
[2:47:48]
operty. We
[2:47:49]
ve got some
[2:47:50]
uncertainty tonight. S I hope
[2:47:53]
wean workhose out. A so
[2:47:54]
justay I appreciate all t
[2:47:55]
comments tt wereade. We
[2:47:58]
heard your ccern about t
[2:48:00]
imct onn theeighrhood,
[2:48:01]
the peopl in the area,
[2:48:03]
tentl impacn pubc
[2:48:06]
heal. And I just tnk that
[2:48:08]
at we heard tonight is really
[2:48:10]
no consisten with the vion
[2:48:12]
th we have for that area. And
[2:48:14]
I also will supporthe
[2:48:15]
moti to deny.
[2:48:16]
East.
[2:48:16]
ing.
[2:48:17]
That
[2:48:19]
I jusant to me it
[2:48:20]
abdantlearhat the
[2:48:21]
coerns that raised abo a
[2:48:22]
poteialdult use
[2:48:24]
implicatio are ino way
[2:48:25]
informing the way I
[2:48:25]
votg
[2:48:27]
nigh has nothing to do wh
[2:48:28]
the iep request It
[2:48:29]
sust
[2:48:30]
most an interesting thought
[2:48:31]
exercise to baken io
[2:48:33]
conseratn in theonte of
[2:48:34]
e thetudy that
[2:48:34]
bng done
[2:48:37]
on the moratoriu So, Bob,
[2:48:37]
don
[2:48:40]
t incde that.
[2:48:40]
It doesn
[2:48:42]
matr without.
[2:48:43]
Y additiona comments
[2:48:46]
specific to the iup.
[2:48:47]
, oka
[2:48:50]
otion is made for t direct
[2:48:51]
findings oact forenial o
[2:48:53]
theup motn is me and
[2:48:54]
secoed. Tre are no
[2:48:55]
ditional comnts on tha
[2:48:55]
one.
[2:48:57]
Please.Hat are you dng? No,
[2:48:59]
. Wlhey.
[2:48:59]
They went wh.
[2:49:00]
On.
[2:49:02]
Ur reque.
[2:49:07]
The mion is toeny.
[2:49:09]
Thought y w dirting I
[2:49:12]
No no no no.O,
[2:49:13]
m sorry.
[2:49:14]
We
[2:49:15]
re good. Sorry.
[2:49:17]
Motion is madnd seconded on
[2:49:19]
the I. Are tre any more
[2:49:20]
comments on the iup?
[2:49:21]
No.
[2:49:22]
Eing non All in favor of
[2:49:24]
the motionor denl. Indice
[2:49:26]
by saying aye Aye a. And
[2:49:28]
oppose nay. Thaotion
[2:49:31]
carries. And, Bob we
[2:49:31]
ll b
[2:49:32]
lookin toou for fdings o
[2:49:34]
fact.Ome back. Councilmber
[2:49:35]
Hanson, if you
[2:49:36]
d le to make a
[2:49:39]
motion. Secondarily,
[2:49:39]
ll how
[2:49:40]
abouto that and not take
[2:49:41]
aw your thunder.
[2:49:42]
And
[2:49:43]
ll second it.
[2:49:45]
There y go.
[2:49:47]
Ok. Sous gd. Motion is
[2:49:48]
ma. Well,o. Why don
[2:49:49]
t y
[2:49:50]
make theotio Because I did.
[2:49:52]
Al I sd was make aotio
[2:49:53]
Do you want t me a motion in
[2:49:56]
term of direction to staff.
[2:49:57]
You he the wordi for
[2:49:58]
thatr.
[2:49:59]
. Mayor, Ian read bk what
[2:50:00]
you said pviously.
[2:50:02]
Ifhat, plee.
[2:50:04]
The direconas direct staff
[2:50:05]
not to appve theight
[2:50:06]
chilrs until saidhillers
[2:50:08]
are a par of aand use
[2:50:11]
applicatn fm the appcant
[2:50:13]
moved.
[2:50:14]
Ok, so it
[2:50:14]
soved and
[2:50:15]
conded.
[2:50:15]
You said you
[2:50:16]
d sonde
[2:50:18]
Ok, whatever. Iust wanto
[2:50:19]
make sureou g some thund,
[2:50:19]
th
[2:50:20]
s all.Ounow.
[2:50:20]
Ankou. You don
[2:50:22]
t nd it.
[2:50:23]
It MAY beechnal, but the
[2:50:23]
wayhat
[2:50:25]
s wordes don
[2:50:26]
approve tm untilhey
[2:50:27]
re a
[2:50:28]
pa ofn application But
[2:50:28]
they
[2:50:29]
d oy b approved if the
[2:50:32]
apicatn itsfs approved.
[2:50:33]
Rhaps inhert in pt of it.
[2:50:34]
S. Okay.
[2:50:35]
Just ming sure.
[2:50:37]
Ye
[2:50:39]
And I gss I
[2:50:40]
ll. I alrdy
[2:50:41]
spok to this,ut I just,ou
[2:50:43]
know athe end of theay,,
[2:50:45]
I justave a hard time n
[2:50:48]
seng this as, I mean. Wl
[2:50:52]
two things. O ihe
[2:50:54]
plicant is carlysinghe
[2:50:56]
space pmaris a data
[2:50:57]
center, dsn
[2:50:58]
tlaim to b
[2:50:59]
using t spa for anying
[2:51:02]
t aata cente and has an
[2:51:03]
interptati tt suggests
[2:51:05]
th can that I vehemently
[2:51:07]
disagr with and tnk is
[2:51:11]
wrg. S to tha extt, my
[2:51:19]
suggestion is to not. Awardhe
[2:51:21]
the pert on the eig
[2:51:22]
ille bause theyre
[2:51:26]
constent whhe gded
[2:51:27]
d zoned lan use ohe
[2:51:33]
proper.Eyond that, my
[2:51:37]
suggestion would bhat if a
[2:51:39]
land use proposal ces
[2:51:41]
forwd, tt wld makehe
[2:51:44]
chilleonsistent with the
[2:51:46]
prary uf a dat center,
[2:51:47]
that thatan be incded
[2:51:49]
thin anpplition t change
[2:51:50]
the landse and all that to
[2:51:52]
ppen. But two separate
[2:51:54]
reason mak sense. Miste
[2:51:54]
Mayor?
[2:51:55]
Ay.
[2:51:56]
That
[2:51:58]
s wha my my backup is.
[2:51:59]
I d
[2:51:59]
t need t go through what
[2:52:00]
ve alrdy sd. I think at
[2:52:06]
thend o the day, I just. The
[2:52:10]
level o due digence that I
[2:52:12]
think suld he and was not
[2:52:17]
donen ts proposal toet t
[2:52:19]
the notio of eig jus see
[2:52:22]
spect enoh that m sse is
[2:52:23]
they are ting to chae the
[2:52:24]
la use whout going tough
[2:52:26]
the lan use change, a that
[2:52:27]
th
[2:52:28]
s inapproiate and tt I
[2:52:30]
t be a pt o it.
[2:52:33]
Than you. I agree.
[2:52:38]
Additional comnts a we
[2:52:39]
ne toote on that motn as
[2:52:39]
well.
[2:52:40]
Ye
[2:52:42]
ay. Motn is made and
[2:52:43]
secoed. If tre are no
[2:52:44]
additionalommes.Ll in
[2:52:44]
vor.He motionigna
[2:52:45]
sang.
[2:52:46]
I,.
[2:52:48]
And oosed n, that mion
[2:52:51]
caies and decti I so
[2:52:54]
given t ttaff With that
[2:52:57]
we a at the cclusnf.
[2:52:58]
3 to.
[2:52:59]
1 our.
[2:53:02]
Game of our gam tonight
[2:53:03]
101 yeah,
[2:53:04]
over.
[2:53:05]
With.Ut thewins won 1 to
[2:53:06]
3.
[2:53:07]
Yeah.
[2:53:09]
And and we
[2:53:09]
re donen thi
[2:53:12]
it. W he no oth business
[2:53:13]
tonight. No listive and
[2:53:14]
rgovernmental affairs
[2:53:15]
update. No economic development
[2:53:17]
thorit Rig to our
[2:53:18]
administrative agenda. MR..
[2:53:19]
City attorney anything?
[2:53:19]
I hav notng, MR..
[2:53:21]
Yor.
[2:53:23]
An councilments?
[2:53:24]
No sir
[2:53:27]
Sengone.R.. MR..
[2:53:28]
Adnistrator nothing.
[2:53:30]
MR.. Mayor, MR..
[2:53:31]
Directorf pubc wor.
[2:53:31]
i have.
[2:53:32]
Nog, MR..
[2:53:32]
Mayor.
[2:53:33]
MISS Dirtor community
[2:53:34]
devepmentothing.
[2:53:37]
MR.
[2:53:38]
Arere business to be heard
[2:53:38]
ontems not on tonig
[2:53:42]
agda sing none. We have n
[2:53:43]
closed seson.
[2:53:44]
To
[2:53:46]
s g his hand up. O.
[2:53:47]
Where a the chill goingo
[2:53:50]
be turd off.
[2:53:53]
The the iup haseenenied.
[2:53:55]
So they hav close off.
[2:53:57]
The iup has bn dend.Hat
[2:53:58]
all can say.
[2:54:01]
Wh about the rie form
[2:54:03]
now,or ts noise that
[2:54:05]
going o
[2:54:05]
I tnk tt was.
[2:54:06]
Wh theyer
[2:54:06]
Yo can
[2:54:07]
t. Wean
[2:54:07]
t.
[2:54:08]
Answer
[2:54:08]
We
[2:54:09]
re wai That
[2:54:10]
s o the
[2:54:10]
agda Tom. W
[2:54:14]
re done. With
[2:54:15]
that,
[2:54:16]
openo aotion t
[2:54:16]
adjon.
[2:54:17]
Moon to adjou.
[2:54:18]
Send moved and second. All
[2:54:19]
in favor, say aye.Ye aye.