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