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