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Home My WebLink About2013-05-06-Resolutions 13-126_Team Des Moines Partners - Memorandum of UnderstandingTHE CITY OF WAUKEE,IOWA RESOLUTION 13-126 APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WAUKEE,IOWA AND TEAM DES MOINES PARTNERS,LLC IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization ("City");AND, WHEREAS,the City has before it a rezoning application from Alice's L.C.for property locally known as The Crossing at Alice's Road which is located in proximity to property owned by Team Des Moines Partners,LLC ("Team");AND, WHEREAS,Team has developed a data center which is operational and has indicated its intent to add an expansion and Team has expressed concem about the granting of the rezoning application,which would bring residential properties significantly closer to the Team facility,given the sound levels on Team's development and the impact such sounds may have on the residential properties within The Crossing at Alice's Road when it is developed;AND, WHEREAS,the City and Team are mutually desirous of setting forth their understandings as it pertains to noise levels generated on the Team site and expectations relative to any phases Team may pursue in the future. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of May,2013,that the Memorandum of Understanding attached as Exhibit A hereto is hereby approved contingent upon re eipt by the City of Waukee of the signed Memorandum of Understanding. TimMo;;rfnan,City Administrator ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X X X X NAY ABSENT ABSTAIN EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding,dated as of the date set forth above the signatures below,is made and entered into by and between the City of Waukee,Iowa ("City'')and Team Des Moines Partners,LLC ("Team"). WHEREAS,the City of Waukee has before it a rezoning application from Alice's L.C. for property locally known as The Crossing at Alice's Road which is located in proximity to property owned by Team;and WHEREAS,on its property,Team has developed a data center which is operational and has indicated its intent to add an expansion;and and WHEREAS,the City supports Team's continued investment in its facilities in Waukee; WHEREAS,Team has expressed concern about the granting of the application,which would bring residential properties significantly closer to the Team facility,given the sound levels on Team's development and the impact such sounds may have on the residential properties within The Crossing at Alice's Road when it is developed;and WlffiREAS,the City and Team are mutually desirous of setting forth their understandings as it pertains to noise levels generated on the Team site and expectations relative to any phases Team may pursue in the future;and NOW,THEREFORE,in consideration of the above recitals,and other good and valuable consideration the receipt and sufficiency of which are acknowledged,the City and Team agree as follows: 1.The City understands that a data center must have a controlled climate and as a result nearly continuous cooling and air-handling of varying amounts,and that the climate control equipment makes audible sound,which increases as the facility increases in size and utilization. 2.As of the date of this Memorandum of Understanding,based on the structures, equipment and appurtenances situated on Team's property presently,the City Conncil by virtue of its approval of this Memorandum of'Understanding hereby determines that by reason of public acceptance of the cooling and air handling noise generated on the property presently,such noise is deemed acceptable to the residents of the City at its present levels as provided in Waukee Municipal Code section 228.02(2)(2013). 3.Team represents to the City that Team will be responsible for assuring that for current and future phases of development On its property,its cooling and air handling requirements and equipment will not generate a nnise level in excess of 70 dBA measured at its existing property line. 4.Team acknowledges that it has not yet submitted a specific site plan for future 1 phases for site plan approval by the City and acknowledges the possibility that the noise level of future phases may be mitigated by virtue of design,screening and based on cooling and air handling equipment available at the time it pursues additional phases.• 5.The City has considered nonspecific general concepts concerning Team's possible future expansion in considering the Alice's L.C.rezoning request and does not intend for,or believe,that the rezoning is inconsistent with 01'will interfere with Team's expansion plans, subject to the City's review of specific site plan submittals when that occurs. 6.The parties agree that through the City's customary development processes they will consult and collaborate together au the design,planning and future development of future phases of the data center on Team's property,As part of that consultation,Team will analyze and provide any data the City may request concerning any additional noise that may be generated by virtue of future phases.Team shall take such steps to mitigate the noise levels generated by virtue of its operations in the development of its future phases requested by the City consistent with City ordinances,so long as the City's requests for mitigation are commercially reasonable and reasonably cost effective,and do not unduly limit Team's engineering flexibility 01'the efficiency ofthe facility. IN WITNESS WHEREOF,the parties hereto have duly executed this Memorandum on the day and year set forth below, Approved:May Id,2013 Approved:May 6,2013 Team Des Moines Partners,LLC Attest: ~)~By:~""~iio ...... Tim Moerman,City Administrator 2 STATE OFf,ll';CD """v,COUNTY OF DAm '2_,ss: On the 10/-1...day of May,2013,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appcaredTR?RitWil ItS p,.,...,to me personally known to be thc'YgES 10'1'1\01 of Team Des Moines Partners,LLC;and that this instrument was executed and signed on behalf of said company;and that the officer acknowledged the execution of this instrument to be the voluntary act and deed of the company" Glnr.tJ.O/ld S ,f'YTh,~ Notary P1lbI1CIII and for the Slate of lv""'-LJ _ Printed Name:IRIJBJlR b F.f1 e::T"l...-- STATE OF IOWA,COUNTY OF DALLAS,ss: On the ~day of May,2013,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.Peard and Tim Moerman,to me personally known,who,being by me duly sworn,did say that they are the Mayor and City Administrator"of the City of Waukee,Iowa,a municipal corporation;that the seal affixed to the ahove and foregoing instrument is the corporate seal of said municipal corporation,and that said instrument was signed and contained in the Resolution adopted by the City Council of Waukee,Iowa,on the .22lc day of '1Y\()!),,2013,and the said William F.Peard and Tim Moerman acknowledged th6 execution of said instrumenc to he their voluntary act and deed and the voluntary act and deed of said municipal corporation,by it and by them voluntarily executed. }?y1/hufIA '.kSe.a:k):i'.~RE61:GGAsLATI:Rgl=-Commission Number 751082 ••My Commission Expires ow February 7,2014 3