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Agenda - Council Work Session - 05/20/2014
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Agenda - Council Work Session - 05/20/2014
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5/28/2014 11:40:16 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
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05/20/2014
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May 14, 2014 Location: Pbrama >H:Drive >15153 >FindingsReport <br />City Staff believes this is a good case study for the OMCStudy Group. In this particular <br />situation, it appears evident little /no conscious effort was exhausted by the City (Township <br />in this case) to work with surrounding property owners —to identify, address and avoid <br />potential issues from a data center. <br />It is City Staff's opinion, similar concerns raised in this specific example (Citi Group Data <br />Center) have also been raised with the OMCStudy Group regarding a potential Ramsey data <br />center. The OMCStudy Group has discussed a number of mitigation tactics to eliminate said <br />concerns. Examples below: <br />1. <br />Regular use of generators on weekends <br />OMCStudy Group proposed prohibiting use of generators on weekends for testing or <br />other regular uses. Only emergency use would be allowed. This would be enforced via <br />a Conditional Use Permit (CUP). <br />2. Regular of generators at night time, all weekdays, between 10pm and 7am <br />OMCStudy Group has proposed prohibiting use of generators from 6pm -8am for testing <br />or other regular uses. Only emergency use would be allowed. This would be enforced <br />via a Conditional Use Permit (CUP). <br />3. Refuse of Defendant to install or design generators to avoid creation of loud noise <br />OMCStudy Group proposed sound attenuation enclosures for generators, requirement <br />of mechanical rooms to be physically enclosed, required screening of mechanical rooms, <br />required residential transitioning standards and an emphasis to comply with MPCA <br />noise standards for residential areas —not business areas. This would be enforced via a <br />Conditional Use Permit (CUP); and, the City's existing code enforcement process. <br />4. Refuse of Defendant to shift generator operations to normal working /business hours <br />OMCStudy Group proposed use of a Conditional Use Permit (CUP) to require any non - <br />emergency use of generators to take place over normal business hours (8am -6pm M -F). <br />5. As a result of the above issues not addressed by City Group (noise), the Plaintiff has <br />claimed a decrease in property value and would like to be compensated. <br />The claim of causation related to decreased property value, in the case of CitiGroup, was <br />solely based on noise (i.e. concerns 1 -4). In the case of Ramsey, the OMCStudy Group <br />has developed mitigation proposals for all said concerns. <br />This specific case study is a good example of what the City of Ramsey should not do, or <br />avoid, in respect to the development of the Subject Property for a potential data center <br />project. <br />The Findings Report Appendix includes opinions from the City Attorney and CBRE, the pending lawsuit <br />and disposition in Ohio, multiple articles provided by OMCStudy Group members related to property <br />values, and an example of how residential property valuations were effected before and after two (2) <br />data centers were constructed in Elk River, and case law regarding land value disputes with Minnesota <br />Cities. <br />OMC Study Group, Findings Report (DRAFT) Page 37 of 42 <br />
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