[00:00:04] IF YOU ARE ABLE, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. [2) CALL TO ORDER] THIS MEETING IS IN ORDER. WE HAVE... TWO ITEMS ON THE AGENDA TODAY. AT THIS POINT IN TIME, THIS IS A CITIZEN'S REQUEST TO BE HEARD. SO IF YOU'RE HERE TO SPEAK ABOUT AN ITEM THAT'S NOT ON THE AGENDA, THIS IS YOUR TIME TO GO AHEAD AND COME FORWARD AND SPEAK AT THAT TIME. IF YOU'RE HERE TO SPEAK FOR AN AGENDA ITEM, THERE'LL BE AN OPPORTUNITY TO SPEAK AT THAT TIME. YES, JODY. I JUST SAW YOUR HAND GO. PERFECT. ALL RIGHT. SO SEEING NONE, IS THERE A MOTION [4) CONSENT AGENDA] ON THE CONSENT AGENDA? MOTION TO APPROVE. SECOND. ANY DISCUSSION? SEEING NONE, ALL THOSE IN FAVOR? MOTION CARRIES. ALL RIGHT, WE HAVE ONE PUBLIC HEARING TODAY. [5.A) Resolution 26-218 Resolution establishing a moratorium on the acceptance and processing of applications for data center development in the City of Council Bluffs, Iowa] THAT'S RESOLUTION 26218, RESOLUTION ESTABLISHING A MORATORIUM ON THE ACCEPTANCE. PROCESSING OF APPLICATIONS FOR DATA CENTER DEVELOPMENT IN THE CITY OF CONSTABLE IOWA IS THERE A MOTION OR AT THE PUBLIC HERE SORRY ANYBODY YOU NEED TO ADJUST THE PUBLIC AT OUR TO ADJUST THE COUNCIL AT THIS POINT IN TIME THIS IS YOUR TIME TO COME FORWARD WE'LL TURN THE MICROPHONE ON YOU'LL NEED TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND I'VE RECEIVED NO WRITTEN RESPONSE, AND I HAVE PUBLISHED THE NOTICE. SORRY. APOLOGIES FOR THAT, SINCE WE'RE OUT OF WHACK HERE. APPRECIATE THAT, JODY. ALL RIGHT. ANYBODY WISHING TO ADDRESS THE COUNCIL ON THIS ITEM? YEP. PLEASE STEP FORWARD, AND I'LL HAVE YOU PUSH THE MICROPHONE SO IT TURNS GREEN AT THE BOTTOM. AND, AGAIN, STATE YOUR NAME AND ADDRESS FOR THE RECORD. HI. MY NAME IS ROD 1605 WABASH AVENUE. I'M DIRECT. ...ACROSS THE STREET FROM THE LATEST GOOGLE BUILDING. WHAT AN UNFORTUNATE PROBLEM THAT IS. I WOULD ENCOURAGE YOU TO PUT A MORATORIUM ON IT FOR NUMEROUS REASONS. ANYTIME THEY WERE DOING COMPACTING OF SOIL, MY HOUSE WOULD SHAKE AND VIBRATE LIKE IT WAS AN EARTHQUAKE. AND I'VE GOT WITNESSES TO THAT. I'VE GOT VIDEOS. PICTURES, I GOT IT ALL DOCUMENTED. I CONTACTED HIM ON THAT. I TALKED TO JEREMY LONG AND I SAID, WHEN YOU'RE COMPACTING OVER THERE, IT'S SHAKING THE HECK OUT OF MY HOUSE. YEAH, I HAD CRACKS IN MY CEILINGS, 15 CRACKS IN MY FOUNDATION NOW, AND IT WAS A NEVER-ENDING PROJECT. I KEPT CALLING, I KEPT COMPLAINING. FINALLY THEY CAME OVER. I SAID, WHY DON'T YOU BRING YOUR COMPACTOR DOWN CLOSER TO MY HOUSE WHERE YOU'VE BEEN USING IT. AND YOU COME LOOK. THEY CAME OVER, THREE OF THEM, JEREMY LONG, ERIC SORENSEN, AND A THIRD PARTY WHO I THINK WAS ONE OF THEIR ENGINEERS. THEY TOOK PICTURES AND LOOKED AND VIBRATED AROUND. YEAH, WHERE DO WE STAND HERE? RICK SORENSEN, WE WILL TAKE CARE OF THIS, EITHER US OR OUR INSURANCE COMPANY, DEPENDING ON THE COST. OKAY, BUT LET'S WAIT UNTIL IT GETS WARMER OUT, BECAUSE THAT WAS IN DECEMBER WHEN THAT WAS DONE. OKAY, I WAS TAKING HIM AT HIS WORK, KIND OF LIKE A HANDSHAKE USED TO BE IN THE DAY. I NEEDED TO HAVE THAT ON, BECAUSE AFTER THAT POINT IN TIME, I GOT, WE AIN'T DOING NOTHING. I GUESS ON TOP OF THAT, I'M ENTITLED PER IOWA LAW, THE SAME PEACE AND QUIET TODAY I HAD PREVIOUS TO THEM BEING THERE. I DON'T HAVE THAT. CONTINUOUS HUMMING AND ROAR. COUNTLESS COOLING TOWERS INSIDE MY HOUSE. THE DIRT HAS BEEN ON US FIVE YEARS. THEY RUN THE ROTATING BRICKS. MAKE SURE I CAN. I GUESS THAT'S ABOUT THE LION'S SHARE OF WHAT I HAVE TO SAY. I HAVE, IN ESSENCE, OVER $200,000 WORTH OF DAMAGE THAT THEY WILL NOT TAKE CARE OF. ANY HELP FROM ANY FOLKS WOULD BE APPRECIATED. MAYBE SOMEBODY TO BUTTON OR... OR TALK TO THE RIGHT PERSON. I APPRECIATE ANYTHING YOU COULD GET. THANK YOU FOR YOUR TIME. [00:05:38] THANKS, ROGER. THANK YOU. ANYBODY ELSE FROM THE PUBLIC WISHING TO ADDRESS THE COUNCIL AT THIS TIME? CAN I JUST ASK ONE QUESTION ABOUT ROGER? SOMEBODY WITHIN THE CITY STAFF KNOWS. OKAY, WOULD THAT BE SOMETHING THAT MAYBE WE COULD TALK TO ROGER ABOUT AND SAY IS MAYBE A CONNECTION THAT WE COULD MAKE TO HELP HIM? BUT YOU'RE NOT HEARING FROM HIM NOW. I'D ASK, WELL, THIS IS PREVIOUS TO THE ELECTION, BUT I'D ASK. LAST YEAR ABOUT IF WE HAD LIKE A LIAISON OR SOMETHING AND AT THAT TIME WE SAID THAT WE HAD HAD SOMEONE THAT HAD WAS NO LONGER WITH GOOGLE. SO IF THAT POSITION I GUESS HAS BEEN BACKFILLED DO WE HAVE SOMEONE NOW PERHAPS THAT WE COULD REACH OUT TO YOU? OKAY, LET'S JUST HAVE THAT CONNECTION LIKE I SAID THAT'S WHAT WE CAN DO TODAY. YEAH. I'LL GET WITH PAULA AFTERWARDS, AND I'LL GET THE CONTACT. JOHN JERKOVICH, 535 WEST BROADWAY, SUITE 100. UNFORTUNATE SITUATION WITH THE GENTLEMAN THERE. I'VE BEEN INVOLVED WITH GOOGLE SINCE ITS INCEPTION INTO THE COMMUNITY. ON GROUND THAT A GROUP OF ME AND I WORKED WITH THEM FOR YEARS AND FOUND THEM TO BE VERY HONORABLE IT'S NOT MY BACKYARD YOU KNOW THEORY WITH APARTMENTS ANYTHING MANUFACTURING WAREHOUSING AND HIS UH I DON'T AGREE THAT HE SHOULD BE DISTURBED OF HIS QUIET ENJOYMENT BY ANY MEANS AND IF HE'S DAMAGED HE SHOULD BE TAKEN CARE OF AS PART OF THE EASY TASK FOR THEM TO DO. I THINK THAT THE MINUTE, YOU KNOW, THIS IS AN ECONOMIC DEVELOPMENT DEAL. YOU KNOW, JUST FOR INSTANCE, THE ONE OUT BY IOWA WESTERN, VERY FAMILIAR WITH IT, HAD THE GROUND LISTED AND, YOU KNOW, THEY AGREED ON IT. THERE'S SOME TECH. EVERYONE THINKS THEY HAVE A 15 YEAR TAX ABATEMENT. THEY DON'T. YOU KNOW, IT'S A 10 YEAR GRADUATED ONE SIMILAR TO INDUSTRIAL 85, 75, 65. AND, YOU KNOW, THEY'RE 15%. IS EQUAL TO, IS $1,264,000 IN ADDED REVENUE THAT WAS PAYING $26,000. AND THAT'S ON THE MINIMUM ASSESSMENT AMOUNT. THESE PROJECTS COULD ENTER INTO THE BILLION RANGE. AND I THINK THAT IT'S SOMETHING THAT, YOU KNOW, IT'S US AND COMPANIES THAT ARE CREATING THE STORAGE, AI, YOU KNOW, STORAGE OF THE SMARTPHONES, THE COMPUTERS. IT'S AMERICA THAT'S CREATING THIS. AND I AGREE WE SHOULD, YOU KNOW, CHRIS GIBBONS DID A P1 DESIGNATION FOR ZONING OUT ON IOWA. IT ALLOWS THE CITY TO HAVE SOME SAY, YOU KNOW, IN THE LANDSCAPING AND PART OF THE PROJECT. AND I'M ALL FOR, YOU KNOW, THERE SHOULD BE A LIMITED AMOUNT. I THINK THEY SHOULD BE ADDRESSED INDIVIDUALLY. THERE'S A HUGE FRANCHISE FEE THAT WE MISSED SOME OF THAT. I THINK, YOU KNOW, OUR CITY HAS GROWN ZERO IN 50 YEARS, MAYBE A THOUSAND PEOPLE. AND I'D LIKE TO WORK WITH THIS ADMINISTRATION IN SEEING OUR CITY GROW. DATA CENTERS DON'T EMPLOY A WHOLE LOT OF PEOPLE. THEY'RE GOING TO START DOING MORE. THERE'S A FALLACY WITH THE WATER IS CHANGING, TECHNOLOGY IS CHANGING. I WAS WORKING WITH CYRUS ONE DOWN SOUTH OF TOWN ON 300-PLUS ACRES, YOU KNOW, [00:10:01] HALF A BILLION-DOLLAR DEVELOPMENT. COULDN'T GET TO ELECT. ...WITHIN EIGHT YEARS, SO MID-AM CONTROLS THAT, HAS THAT THUMB, REGARDLESS IF YOU APPROVE THEM OR NOT. EVERYTHING'S SUBJECT TO MID-AM, AND IT WAS EIGHT YEARS BEFORE THEY'D BE ABLE TO BRING THE POWER, AND AT A COST OF SEVERAL HUNDRED MILLION. AND THEY PARTICIPATED, AND I WORK A LOT OF THESE DEALS WITH PAUL HAZELWOOD, AND WE GOT THE SEWER EXTENDED FROM MOSQUITO CREEK OUT THROUGH ISLE WESTERN. WE BROUGHT SEWER UP, BOB MCCARTHY AND I DID, UP COLLEGE ROAD FOR BLACK HILLS, BUT IT WASN'T ADEQUATE TO SERVE ANY MORE. IT WAS OUT OF CAPACITY. SO WE HAD TO BRING A NEW SEWER LINE UP FOR MOSQUITO CREEK, AND THE CITY DID A PER-ACRE TAP FEE ASSESSMENT, WHICH THEY REIMBURSED. THIS THING IS GOING TO GO TO 75%, WHICH IS GOING TO BE A COUPLE MILLION A YEAR IN TAXES, AND THEN THE FULL TAX AMOUNT IS GOING TO GO TO, AT ITS CURRENT, IT'S GOING TO GO UP DRAMATICALLY. CURRENT ASSESSMENT IS OVER $8 MILLION, AND THEY'RE PAYING TAXES. THIS 15% IS GREATER THAN OPUS, YOU KNOW, THEIR DEAL DOWN THERE BY THE RIVER. AND, YOU KNOW, THERE'S NOT A LOT OF PEOPLE EMPLOYED IN WAREHOUSING, AND THAT'S WHAT I DO. AND IT'S HARD TO GET, YOU KNOW, THIS DISTRIBUTION I THOUGHT WOULD TAKE OFF. WITH THE INTERSTATE WORK BEING DONE, WE'RE IN THE MIDDLE OF AMERICA, AND IT'S JUST NOT WORKING. IT'S MAYBE THE ECONOMY OR SOMETHING, BUT DISTRIBUTION CENTERS JUST AREN'T HAPPENING. AND IT'S GAS. I DON'T KNOW WHAT IT IS, BUT IT'S NOT HAPPENING. AND, YOU KNOW, A LOT OF THESE. PLACES, WAREHOUSING, THERE'S NOT A HUGE AMOUNT OF EMPLOYEES, BUT IT'S AMERICA. THEY'RE NEEDED TO STORE OUR PRODUCTS. AND THE DATA CENTERS ARE NEEDED TO STORE DATA, BUT A LIMITED AMOUNT. I AGREE. YOU KNOW, WE DON'T WANT THEM POPPING UP ALL OVER. WE'VE GOT A COUPLE. I DID WORK WITH PAULA ON THE EDGE DATA CENTER. THAT'S THE AMOUNT OF STUFF OFF-SITE FOR THE BIG BOYS, AND IT'S 10, 15 MEGAWATTS, IF THAT, CYRUS 1. THEY'RE LOOKING IN THE AREA. THE BIG GUYS I DON'T THINK ARE GOING TO BE COMING. THERE'S ONE IN THE WORKS POTENTIALLY, AND IT'S THE BIG TEN. THEY CONTROL THE MARKET. THE BIG COMPANIES CONTROL THE MARKET. AND THEY'RE WILLING TO PAY THE TAXES AND THE FRANCHISE FEES, AND I THINK IN THEIR DEVELOPMENT AGREEMENTS YOU NEED TO MAKE IT WORTH THE CITY'S TIME AND BE REASONABLE. IT'S AN INDUSTRY THAT CAN AFFORD TO PAY A LITTLE MORE THAN A WAREHOUSE AND THINGS, AND I THINK YOU SHOULD GIVE THEM AN OPPORTUNITY TO PRESENT THEIR CASE. AND I THINK EVERYBODY SHOULD HAVE AN OPPORTUNITY. AND, I MEAN, 100% OF, YOU KNOW, NOT PUTTING MORE TOWARDS LOOKING AT THEM. IF WE GET TO THAT POINT, I DON'T THINK, I THINK MID-AM'S GOING TO CONTROL THAT, NOT THE CITY. I MEAN, THERE'S ONLY SO MUCH ELECTRICITY. THEY WILL NOT GO ABOVE. WE'LL NOT GO TO EVER RAISE A RATEPAYER'S FEE. THAT'S SET IN ESCROWS AND ALL IN STONE. AND WATER, IT'S A CLOSED-LOOP SYSTEM NOW, SERVICE 1, HARDLY ANY WATER USAGE. SO THAT'S A FALLACY. AND I THINK WE JUST NEED TO OPEN OUR EYES AND LOOK AT THE FRANCHISE FEE, LOOK AT THE CESS VALUATION, LOOK AT THE WORK THAT CREATES 10 COLLEGE WORLD SERIES EVERY DAY FOR THREE YEARS AND SEE WHAT OTHER BUSINESSES LOCATE AROUND THEM. AND LET'S NOT, LET'S BE KNOWN AS A TECHNOLOGY CENTER OF AMERICA, BUT IN A LIMITED BASIS, I'M ALL FOR KEEPING AN EYE ON YOU GUYS. BUT I THINK TO, AT THIS POINT, PUT A MORATORIUM ON IT WOULD BE, IT'D BE HORRENDOUS. IT'D BE, YOU KNOW, WE DON'T HAVE THAT MUCH DATA. I MEAN, WHY WOULD WE? TURK 2 JUST GOT TURNED DOWN. I WORKED ON, THEY WERE GOING TO BE THREE-QUARTERS OF A BILLION DOLLARS. THEY GOT TURNED DOWN BECAUSE THEY COULDN'T GET ELECTRICITY. AND SO THAT'S, YOU KNOW, THEY'RE NOT, YOU KNOW, THEY JUST DON'T HAPPEN THAT EASILY ANYWAY. SO, YOU KNOW, WHEN THE BIG BOYS COME TO OUR COMMUNITY, YOU KNOW, SPEAK UP. BUT, YOU KNOW, I'M REPRESENTING THIS LAST GROUP, AND, YOU KNOW, WE'RE WILLING TO LISTEN. BUT, YOU KNOW, REASONABLE. IT'S ALL ABOUT BEING REASONABLE, AND I THINK IT'S UNREASONABLE TO THINK THAT'S NOT RIGHT. THEY'RE GOING TO GO SOMEWHERE AND IF WE WANT TO RUN THEM OUT, THEY'RE GOOD TO SCHOOLS. THANK YOU. ANYBODY ELSE WISHING TO ADDRESS THE COUNCIL AT THIS TIME? I'M PAUL SEARCY. I LIVE AT 20 SOUTH 41ST STREET, NUMBER 129. ABOUT ME, I AM A SOFTWARE [00:15:02] ENGINEER. I'VE BEEN DOING IT FOR ABOUT 10 YEARS NOW. AND I'VE GOT A FEW QUESTIONS ABOUT WHAT ALL I'M MORE INTO. I WAS KIND OF INSPIRED TO COME AND TALK AFTER LAST GENTLEMAN. BUT A KIND OF A DIFFERENT PERSPECTIVE IS THAT RIGHT NOW, CONTROL-WISE, ACROSS AMERICA, PEOPLE ON BOTH SIDES ARE KIND OF WAY MORE SKEPTICAL OF DATA CENTERS. AND SO WHEN IT COMES TO, WE SHOULDN'T NECESSARILY FEEL LIKE WE NEED TO POTENTIALLY GIVE THEM TAX BREAKS, EVEN IF IT IS PROGRESSIVELY PAYING OVER, LIKE 85 TO 60, ET CETERA. WE NEED TO KIND OF GIVE THOSE A SENSE. I THINK THAT IF THEY ARE GOING TO COME HERE, WE NEED TO ASSESS HOW MUCH, IF THEY'RE GOING TO DAMAGE HOUSES LIKE WE HEARD BEFORE, USAGE. WE NEED TO TAKE THAT INTO ACCOUNT AND CHARGE THEM THE FULL PRICE, ESSENTIALLY, FOR WHAT THEY WANT TO DO TO GIVE THEM A DISCOUNT. BECAUSE THE REALITY IS THAT TEMPORARILY THEY WILL BE A BOOST TO THE ECONOMY. I PERSONALLY WORK REMOTELY, AND SO A LOT OF PEOPLE IN THESE DATA CENTERS WON'T NECESSARILY BE EARNING AS MUCH AS ONE MIGHT THESE DATA CENTERS. I THINK THAT'S REALLY KEEP IT KIND OF SHORT AND SWEET THERE. THANK YOU FOR YOUR TIME. THANK YOU. ANYBODY ELSE WISHING TO ADJUST TO COUNSEL AT THIS TIME? GOOD AFTERNOON, MAYOR AND MEMBER OF THE CITY COUNCIL. EXCUSE ME. I WAS ON VACATION LAST WEEK AND THE WEEK BEFORE YELLING, SO I APOLOGIZE. MY NAME IS RON KAMINSKY. I ACTUALLY RESIDE IN OMAHA, NEBRASKA, BUT I'M THE PRESIDENT OF THE NEBRASKA AND SOUTHWEST IOWA BUILDING AND CONSTRUCTION TRADES COUNCIL. WE REPRESENT OVER 25,000 CONSTRUCTION WORKERS, NOT ONLY IN COUNCIL BLUFFS AND OMAHA, IN THE STATE OF NEBRASKA AND WESTERN IOWA THAT'S... WORK ON THESE DATA CENTERS. THESE DATA CENTERS... RON, REAL QUICK, CAN YOU STATE YOUR ADDRESS FOR THE RECORD? YEAH, ADDRESS FOR MY OFFICE IS 5626 SORENSON PARKWAY. THANK YOU. THAT'S OMAHA, NEBRASKA 68152. I FELT SOMEWHAT COMPELLED TO COME HERE FOR THIS HEARING FOR A COUPLE DIFFERENT REASONS. FIRST OF ALL, WE HAVE THOUSANDS OF COUNCIL BLUFFS MEMBERS RIGHT NOW CONSTRUCTING THESE PROJECTS IN COUNCIL BLUFFS. AND IT'S CRUCIAL TO KEEP THOSE EMPLOYEES MOVING AND WORKING ON PROJECTS. AND SOME PEOPLE ARE LIKE, OH, IT'S A CONSTRUCTION PROJECT. YOU KNOW, WE'LL HAVE ANOTHER ONE DOWN THE ROAD. AND THAT'S NOT REALLY HOW IT WORKS. WE SPEND YEARS PREPARING A SCHEDULE FOR WORKERS, FOR GETTING FOLKS TRAINED IN OUR APPRENTICESHIP PROGRAMS TO BE ABLE TO CONSTRUCT THESE PROJECTS. SO TIMING IS VERY IMPORTANT. AND THESE PROJECTS ARE VERY IMPORTANT. THEY EMPLOY, LIKE I SAID, THOUSANDS OF WORKERS ON THESE PROJECTS, MAKING GREAT WAGES, GREAT BENEFITS, AND GREAT RETIREMENT, NOT ONLY FOR THEM BUT FOR THEIR FAMILIES ALSO, HEALTH INSURANCE FOR THEM AND ALL THEIR DEPENDENTS ON THESE PROJECTS, SO THEY'RE CRUCIAL. NOW, WE'VE HAD THE SAME KIND OF DISCUSSION IN NEBRASKA ABOUT THESE PROJECTS TO ENSURE... NOT ONLY THAT WE CONSTRUCT THEM, BUT ALSO THE STORY OF THE FIRST GENTLEMAN, THAT KIND OF STUFF SHOULD NOT BE HAPPENING, AND IT SHOULD BE CORRECTED IMMEDIATELY. THEY SHOULD FIX THAT. I KNOW THERE ARE CASE-BY-CASE SITUATIONS, BUT MYSELF AND OUR ORGANIZATION IS AGAINST A MORATORIUM BECAUSE WE BELIEVE THE BEST SOLUTION FOR THESE ISSUES IS THROUGH A COMMUNITY BENEFIT AGREEMENT. THAT IS AGREEMENT BETWEEN THE... THE OWNER OR THE DEVELOPER IN THE COMMUNITY, THE CITY OF COUNCIL BLUFFS, TO ENSURE THAT RESIDENTS AREN'T AFFECTED. AND IF THEY ARE, THEY'RE PROTECTED. LANDOWNERS ARE PROTECTED. THE CITIZENS OF COUNCIL BLUFFS ARE PROTECTED. AND THE CONSTRUCTION WORKERS WHO CONSTRUCT THE PROJECT ARE ALSO PROTECTED. SO I WOULD BE WILLING TO SIT DOWN WITH ANYONE ON THIS COUNCIL AND THE MAYOR. TO SHOW KIND OF WHAT WE'VE PUT TOGETHER IN NEBRASKA. IT IS STATE LAW NOW THAT THEY'RE REQUIRED TO HAVE A COMMUNITY BENEFIT AGREEMENT, AND I THINK THAT MAY ADDRESS SOME OF THE ISSUES THAT YOU GUYS ARE FACING HERE ALSO. I WOULD ALSO LIKE [00:20:01] TO HAND THESE OUT. THESE ARE DATA CENTER DEVELOPMENT ECONOMIC AND COMMUNITY BENEFITS, AND THE BENEFITS I'M GOING TO HAND THOSE TO YOU, MA'AM. THANK YOU. MOTION TO RECEIVE AND FILE. SECOND. ALL THOSE IN FAVOR? AYE. THAT FOLLOWS. MOTION CARRIES. SORRY, I DIDN'T KNOW THERE WAS A PROCESS. YEAH, WE GOT IT. THEY CAN'T TAKE A LOOK AT THEM, BUT WE DO. THANK YOU, DOC. THANK YOU. APPRECIATE IT, GUYS. BUT IF YOU HAVE ANY QUESTIONS ON THESE TYPE OF THINGS, I'D BE HAPPY TO HELP. BUT, YES, THE LANDOWNERS, THE RESIDENTS NEED TO BE PROTECTED, AS DO THE CONSTRUCTION WORKERS. SO I'M HERE TO ANSWER ANY QUESTIONS IF ANYBODY HAS ANY. OTHERWISE, YOU CAN REACH OUT TO ME ANYTIME. MARK, ARE YOU IN CONTACT ON HERE? I CAN GIVE YOU MY CONTACT. I CAN PASS THIS HERE. YEAH. I HAVE IT. I'LL PASS IT TO EVERYBODY. BYE, THANK YOU. APPRECIATE IT. ANY QUESTIONS? IN YOUR TIME OVER IN NEBRASKA, BECAUSE THEY HAVE SEEN A LOT OF THIS AS WELL, AND, AGAIN, MAYBE THIS INFORMATION IS IN HERE, BUT YOU JUST HANDED IT TO ME, I GUESS, HOW MANY TRADESMEN HAVE BEEN ON THESE JOB SITES AND BEEN WORKING? I WOULD SAY TENS OF THOUSANDS COMBINED IN COUNCIL BLUFFS, AND WE'RE SEEING THEM AROUND THE OLD KIND OF COUNCIL BLUFFS. WE'RE SEEING THEM IN LINCOLN. THERE'S A LOT OF PROJECTS THAT ARE PROPOSED, NOT ONLY ON THIS SIDE OF THE RIVER, BUT ON OUR SIDE. YOU CAN GO NOW. I DON'T WANT TO RUIN IT. BUT THAT'S ONE THING THAT WE INSTITUTE IN OUR COMMUNITY BENEFIT. THAT WE HAVE CONTRACTORS THAT HAVE REGISTERED APPRENTICESHIP PROGRAMS IN IOWA OR NEBRASKA IS VERY CRUCIAL TO ENSURE THAT WE HAVE LOCAL RESIDENTS. BECAUSE WE WANT NOTHING MORE THAN TO TRAIN FOLKS THROUGH OUR APPRENTICESHIP PROGRAMS IN COUNCIL BLUFFS AND IN OMAHA TO BUILD THESE PROJECTS BECAUSE YOU CAN KEEP THE TAX REVENUE HERE AND CONTINUE HAVING THAT SPIN OVER AND OVER. THE MAJORITY OF THEM, AS OF RIGHT NOW, HAVE BEEN FROM THOSE AREAS. DO YOU WONDER IF SOME OF THOSE FOLKS THAT ARE WORKING, THE PROJECTS ARE USUALLY, THE NAME THAT'S DOING IT ISN'T ALWAYS OUT THERE FOR FOLKS, RIGHT? YOU GET A DIFFERENT NAME. AND THOSE FOLKS ARE NOT MEANT TO TALK ABOUT IT IF THEY ARE WORKING THERE. AND SO I THINK A LOT OF TIMES MAYBE IN THE COMMUNITY THAT'S OUT THERE THAT SAY THAT THEY ARE. YOU SAY MOSTLY UNION WORKERS, OBVIOUSLY. I WOULD SAY THE MAJORITY ARE UNION SO FAR. I KNOW THE ONE BY IOWA WESTERN WENT TO A NON-UNION CONTRACTOR, BUT THEY'RE EMPLOYING A LOT OF UNION. THEY'RE KIND OF LIKE A GENERAL CONTRACTOR AND SUB ALL THE WORK OUT. MOST OF THAT'S GOING TO UNION CONTRACTORS, CORRECT? ANY OTHER QUESTIONS FOR RON? THANK YOU, RON. APPRECIATE IT. HAVE A GOOD DAY. ANYBODY ELSE WISHING TO ADDRESS THE COUNCIL AT THIS TIME? SO I BROUGHT FORWARD THE REQUEST FOR THIS MORATORIUM, AND I KNOW MORATORIUM IS A SCARY WORD, BUT THAT'S THE LEGAL WORD FOR WHAT I'M ASKING FOR, AND THAT IS A PAUSE. I'M ASKING FOR ONE. WE CAN DO THINGS, LIKE RON JUST POINTED OUT, IN GETTING A COMMUNITY BENEFITS AGREEMENT PUT INTO ANYTHING THAT'S MOVING FORWARD. THIS IS STRATEGICALLY, IT'S A STRATEGIC PAUSE TO NOT AFFECT ANYTHING THAT'S CURRENTLY UNDER WORKS, WHICH IS ANYTHING IN THE SOUTHLANDS, WHICH IS THE IOWA WESTERN PROJECT, AND IS ALSO THE 24TH STREET PROJECT. THOSE PROJECTS ARE ALREADY UNDER WORKS, SO THIS WOULD AFFECT ANYTHING THAT HAS NOT STARTED OR COME TO THE COUNCIL YET TO REVIEW. AND I THINK THAT IT'S... IMPORTANT THAT WE TAKE THIS PAUSE SO WE CAN LOOK AT THINGS LIKE THE COMMUNITY BENEFITS AGREEMENT, THAT WE CAN TAKE A LOOK AND SEE WHERE IS OUR CAPACITY FOR WATER AND FOR SEWER. WE HAVE RAN, WE'RE RUNNING VERY HIGH AT CAPACITY AT BOTH WATER AND SEWER. I KNOW THAT MR. DJURKOVIC SAID THAT THESE DON'T TAKE WATER THEY DO THAT'S THE ONE OF THE REASONS WHY [00:25:01] CONSUBLAS IS SELECTED IS BECAUSE WE HAVE THE WATER COMING FROM THE MISSOURI RIVER, RIGHT? THEY ARE ACTUALLY LOOKING AT NEEDING TO INCREASE THE PIPE ALL THE WAY ACROSS THE CITY IN ORDER TO GET MORE WATER DOWN TO THE SOUTHLANDS PROJECT. SO WATER IS NEEDED FOR THIS PROJECT. SANITARY SEWER IS ALSO AT NEAR CAPACITY AS WELL. AND I THINK THAT THE REASON THERE'S MANY REASONS WHY I'M LOOKING FOR THIS PAUSE TO OCCUR. AND ONE OF THE OTHER REASONS IS THAT WE CAN DO SOME STRATEGIC PLANNING. AND, DOUG, I KNOW THAT THAT'S REALLY IMPORTANT TO YOU AS FAR AS SHOULD WE HAVE, YOU KNOW, IF WE WOULD HAVE PAUSED 20 YEARS AGO, WOULD WE HAVE DATA CENTERS SPREAD OUT THROUGHOUT OUR ENTIRE COMMUNITY? WOULD WE HAVE CREATED AN AREA THAT THEY GO INTO? WOULD WE HAVE CREATED AN ORDINANCE? THAT DOESN'T ALLOW SOMEBODY TO COME IN AS I-2 AND BUILD BY RIGHT OR HAVING TO HAVE THE PL BE AN APPLIED, RIGHT? BECAUSE RIGHT NOW ANYBODY CAN PURCHASE ANYTHING THAT'S IN A I-2 AND HAVE THE RIGHT TO BUILD ANYWHERE. AND SO STRATEGICALLY, YOU KNOW, IS THAT SOMETHING THAT WE WANT TO DO? WE DISCUSSED IT WHEN IT CAME TO THE POTENTIAL BUILDING THE SCHOOL DOWN AT THE RIVER. YOU YES, THE SCHOOL IS A GOOD IDEA, BUT IS THAT THE RIGHT PLACE THAT IT SHOULD BE? AND SO I AM UNDER THAT SAME THOUGHT HERE AS WELL, IS THAT... DATA CENTERS DO BRING IN A LOT OF WORK. IT DOES SUPPLY A LOT OF EMPLOYMENT FOR OUR COMMUNITY, BUT SHOULD THEY BE ABLE TO BUILD ANYWHERE BY RIGHT, THAT'S ITU. OUR STAFF FOR YEARS HAVE ASKED FOR THIS PAUSE TO GO INTO PLACE. PREVIOUS ADMINISTRATION DID NOT WANT TO TAKE A LOOK AT THE PAUSE, AND SO I DID ASK SOME STAFF TO BE HERE TODAY TO ADDRESS QUESTIONS AND PROVIDE COMMENTS AS WELL. BUT WHAT I'M TRYING TO ACCOMPLISH HERE IS NOT TO RUN ANY OF THESE COMPANIES OUT OF TOWN, NOT TO STOP A PROJECT THAT'S CURRENTLY UNDERWAY, BUT TO GIVE A STRATEGIC PAUSE SO WE CAN TALK THROUGH THINGS LIKE WHAT STUDIES SHOULD BE ENACTED, WHO SHOULD PAY FOR THOSE STUDIES. YOU KNOW, AGAIN, MR. DJURKOVIC TALKED ABOUT THE POWER COMPANY NOT BEING ABLE TO GET POWER FOR UP TO EIGHT YEARS. SOME OF THESE DATA CENTERS ARE NOT WAITING FOR THE POWER COMPANY AND THEY'RE GOING OUT AND THEY'RE BRINGING IN NUCLEAR OR NUCLEAR REACTOR. WE DON'T HAVE ANY ORDINANCE ABOUT SOMEBODY. WE NEED TO TAKE A LOOK AT RESOLUTIONS LIKE DECOMMISSIONING THESE BUILDINGS. I WAS AT A CONFERENCE LAST WEEK IN TULSA AND THE VERY FIRST TWO HOURS WAS ALL ABOUT DATA CENTERS. AND THERE IS COMMUNITIES THAT ARE ALREADY STARTING TO SEE THESE BUILDINGS BEING LEFT BECAUSE NEW TECHNOLOGY CONTINUES TO COME FORWARD AND THEY DON'T NEED AS LARGE AS BUILDINGS. AND SO WE NEED TIME TO PUT THAT TOGETHER. WE ALSO NEED TIME TO TAKE A LOOK AND SEE WHAT ARE THE INCENTIVES. SO BACK IN 2008, 2009, WHEN WE PROVIDED ONE OF OUR DATA PARTNERS WITH SOME INCENTIVES, THE STATE THEN GAVE THEM ADDITIONAL INCENTIVES. AND SO WE NEED TO JUST TAKE A STRATEGIC PAUSE. FOR ONE YEAR TO LOOK AT THIS SO THAT WAY GOING FORWARD IF ADDITIONAL DATA CENTERS WOULD LIKE TO COME INTO THE COMMUNITY, WE HAVE AN EDUCATED, ROBUST SET OF ORDINANCES IN PLACE AND WE'RE NOT PLAYING CATCH UP. AND SO THAT IS THE REASON WHY I BROUGHT THIS MORATORIUM TO THE COUNCIL. TO VOTE ON AT THIS POINT IN TIME, SO I'LL TURN IT OVER TO THE COUNCIL TO ANY I GUESS I CAN START A LITTLE BIT HERE. I KNOW THESE PLACES CAN I'VE DONE A LOT OF RESEARCH TOO SINCE WE GOT THIS LAST WEEK I I'M NOT SURE I WHEN JODY ASKED I DIDN'T WANT TO HAVE A SPECIAL MEETING I'LL BE HONEST WITH YOU. I THINK WE SHOULD JUST PUT ON A NORMAL AGENDA, BUT I GUESS IF THESE PLACES, I MEAN THEY CAN PUT IN THEIR OWN WATER TREATMENT, THEY CAN PUT IN THEIR OWN NUCLEAR, MINI NUCLEAR, AND I GUESS I WOULD LIKE TO KNOW WHY WE DON'T WANT THOSE. AND THEN I WOULD LIKE TO KNOW, BECAUSE THEY'RE DOING IT ALL OVER THE COUNTRY. AND THEN IF POWER IS AN ISSUE, I MEAN, IS ANYBODY FROM MID-AMERICA? THEY ARE, THOUGH. [00:30:02] SO MIDAMERICA IS NOT HERE, BUT THEY ARE. WE HAVE LOST TWO DEALS BECAUSE THEY NEED A CERTAIN NUMBER OF YEARS TO GET UP TO THE WATTAGE THAT'S AVAILABLE. AND SO WE HAVE LOST NOT ONLY DEALS WITH DATA CENTERS BUT OTHER OPPORTUNITIES AS WELL BECAUSE OF POWER ISSUES. DOES THAT MEAN THE PROCESS IS WORKING? IF THEY'RE SAYING WE DON'T HAVE IT IN THE PROCESS MISSING THAT YES THAT'S THAT'S THE QUESTION IF MID-AMERICA IS SAYING THEY CAN'T IF YOU KNOW IF A PROJECT COMES FORWARD AND WE DON'T HAVE CAPACITY IN MID-AMERICA, THEN IT DOESN'T HAPPEN OR LIKE I AGREE, ROGER, UNLESS THEY GO MINI-NUCLEAR, BUT THEN WE HAVE NOTHING ON THE BOOKS THAT RIGHT, AND SO THEN THEY CAN JUST BILL THAT RIGHT WITHOUT US, WITHOUT YOU HAVING A SAY. YOU KNOW, RON TALKED ABOUT THE COMMUNITY BENEFIT AGREEMENTS. LINCOLN JUST GOT $10 MILLION DEDICATED FOR UNDERGROUND PIPELINE AS PART OF THEIR DUE DILIGENCE TO MAKE SURE THAT IT WAS DONE AHEAD OF TIME. MUD GOT $3 MILLION AWARDED TO THEM LAST WEEK. IF WE DON'T TAKE A PAUSE, JUST LIKE WE KNOW THAT WE MISSED OUT ON FRANCHISE FEES, THERE'S OTHER THINGS THAT WE POTENTIALLY ARE GOING TO MISS OUT ON BECAUSE WE CAN'T KEEP UP WITH THE REQUESTS THAT ARE COMING IN, WHICH IS WHY I KNOW MORATORIUM IS A SCARY WORD. IT IS A STRATEGIC PAUSE TO MAKE SURE THAT WE ARE PREPARED AND THAT WE HAVE THINGS OUTLINED AND WE ARE GIVING GUIDANCE TO THE PEOPLE THAT ARE COMING INTO THE COMMUNITY. SO YOU JUST MENTIONED A COUPLE COMMUNITIES THAT RECEIVED SOME FUNDING FOR CERTAIN THINGS. DID THEY DO A MORATORIUM PRIOR TO RECEIVING THAT FUNDING? THEY HAVEN'T STARTED BUILDING OVER THERE YET. SO THEY HAD NO MORE, YET THEY WERE ABLE TO WORK IT OUT TO WHERE THEY WOULD. THE DIFFERENCE IS THAT WE ARE CURRENTLY BUILDING. THEY HAVEN'T ALLOWED THEM TO COME. BUT YOU SAID WE'RE NOT TOUCHING ANYTHING THAT'S BEING CURRENTLY BUILT. RIGHT. IT WOULDN'T IMPACT ANYTHING THAT WE'RE CURRENTLY BUILDING. IT WOULDN'T IMPACT ANYTHING IN THE FUTURE IS WHAT WE'RE LOOKING AT. TONY. NORMAL DISCLAIMER, AS ASSISTANT CITY ATTORNEY, MY JOB IS TO SPEAK TO THE LEGAL IMPACTS AND NOT TO THE POLICY. STAY IN THAT LANE. I DO WANT, AS I WAS THE ONE THAT WAS ASKED TO DRAFT THIS, I DO JUST WANT TO KNOW THINGS BASED ON SOME OF THE DISCUSSION. MORATORIUM IS A LEGAL TERM. A MORATORIUM IS A SPECIFIC ACTION THAT IS DONE. AND IT IS NOT, YOU CAN'T PUT A MORATORIUM IN BECAUSE YOU DON'T LIKE SOMETHING, RIGHT? IF YOU DO A MORATORIUM, IT HAS TO HAVE JUSTIFICATION FOR IT. THAT'S WHY, I MEAN, THAT'S WHY THERE'S A LOT OF WORDS IN THIS PROPOSED RESOLUTION, IS SPEAKING TO THE AREAS WHERE THE CITY DOESN'T HAVE REAL INFORMED KNOWLEDGE. THE WAYS THAT WE CAN'T TELL YOU THE TRUE BENEFITS OR THE NEGATIVES, RIGHT, OF WHAT'S GOING ON. AND SO THE WAY THAT THIS MORATORIUM IS DESIGNED IS A WE DID NOT WANT TO. THE MAYOR REQUESTED THAT IT NOT IMPACT ANY DEALS THAT WE KNOW ARE THAT WE'RE CURRENTLY AWARE OF. RIGHT. BECAUSE WE DON'T WANT TO BE A BAD PARTNER. WE DON'T WANT TO PUT ANYONE IN A BAD POSITION. AND THE MECHANISM IN THIS MORATORIUM, IT'S FOR A 12-MONTH MORATORIUM, BUT THAT CAN END OR EXTEND AT ANY TIME THAT THE COUNCIL SEES FIT. IT'S NOT GOING TO BE UP TO THE MAYOR. IT'S NOT GOING TO BE UP TO STAFF. IT'S ULTIMATELY UP TO THE COUNCIL. AND SO WHAT I BUILT IN, WHEN YOU DO A MORATORIUM, AGAIN, BECAUSE YOU CAN'T JUST SAY, NO, WE DON'T LIKE THIS, GO AWAY. YOU HAVE TO TAKE... IMMEDIATE STEPS TOWARD MAKING IT POSSIBLE FOR THAT THING TO COME, RIGHT? SO THE END GOAL HERE IS NOT TO, THE END GOAL OF A MORATORIUM IS NOT TO SAY, NO, YOU'RE NOT ALLOWED HERE UNLESS YOU DID A STUDY THAT PROVIDED WILD, YOU KNOW, [00:35:01] UNSAFE MEASURES. LIKE IT JUST LITERALLY, YOU KNOW, CAN'T BE HERE. WHAT IT'S SUPPOSED TO LEAD TO IS A MORE WELL THOUGHT OUT APPROACH TO HAVING ANY KIND OF DEVELOPMENT IN OUR CITIES. SO SOME OF THE CASES THAT HAVE GONE UP TO THE IOWA SUPREME COURT HAVE INVOLVED CITIES PUTTING A MORATORIUM ON THE DEVELOPMENT OF THEIR FAMILY HOUSING WITH THEIR CITY TO LOOK INTO THEIR STRATEGY AND THE FACT THAT THEY DIDN'T REALLY HAVE IT REGULATED AT THE TIME. THERE WAS NO SAY ABOUT THE NUMBER OF UNITS, THE NUMBER OF STALLS, THE NUMBER OF WHATEVER. AND THE BIGGEST DIFFERENCE LEGALLY BETWEEN COUNCIL BLUFFS AND A LOT OF THE OTHER AREAS THAT ARE DOING THIS IS THAT A LOT OF OTHER AREAS HAVE NOT DEFINED DATA CENTERS. THE CITY, IN ORDER TO ACCOMMODATE OUR PARTNERS THAT WE CURRENTLY HAVE ORIGINALLY, AT THE TIME WENT BACK AND WENT THROUGH PLANNING COMMISSION AND DEFINED WHAT A DATA CENTER WAS. IS AND DECIDED THAT DATA CENTERS GO INTO I-2 DISTRICTS. AND THAT IS ESSENTIALLY IT. SO DATA CENTERS ARE ALLOWED TO BE BUILT BY RIGHT ANYWHERE WITHIN THE I-2 DISTRICTS. THE WE DON'T CONTROL MIDAMERICAN. WE DON'T CONTROL, WE DON'T HAVE ANY DIRECT CONTROL OVER OUR OWN WATERWORKS, RIGHT? THEY'RE AN INDEPENDENT BOARD. THE ONLY THING THAT WE HAVE CONTROL OVER, AND THIS IS WHAT YOU'RE GOING TO DECIDE, IS THE CITY. AND SO THE MECHANISM THAT IS BUILT IN SPECIFICALLY TO THIS MORATORIUM IS THAT WITHIN 90 DAYS, AS CLOSE TO 90 DAYS AS PRACTICAL, IT REQUIRES THE MAYOR TO COME BACK AND PROVIDE AN UPDATE TO THE CITY COUNCIL AFTER REQUIRING THE DEPARTMENT HEAD. THE MAYOR, THE DEPARTMENT HEADS, WHO ARE THE EXPERTS IN THEIR RESPECTIVE AREAS, TO SIMPLY IDENTIFY WHAT STUDIES MAY BE NEEDED, WHAT INFORMATION IS CURRENTLY LACKING, WHAT INFORMATION MAY NOT BE LACKING. YOU KNOW, I TALKED TO MATT COX, AND ONE OF THE STUDIES THAT'S CONTEMPLATED, THEY'VE ALREADY RECENTLY COMPLETED ONE. BUT BECAUSE THESE ARE ALWAYS LOOKED AT INDIVIDUALLY AS INDIVIDUAL PROJECTS, AND YOU'RE LOOKING AT THE FINANCIAL BENEFIT, I THINK THE OTHER IMPORTANT THING THAT'S ADDRESSED IN THERE IS THAT, AND ONE OF THE LEGAL SITUATIONS THAT COUNCIL PLUS FINDS ITSELF IN IS, WE'VE ENTERED INTO A BUNCH OF TIF AGREEMENTS AND PROPERTY TAX ABATEMENT AGREEMENTS, AND WITH THE UNDERSTANDING THAT WE WERE GOING TO SEE CERTAIN BENEFITS TO OUR PROPERTY TAX REVENUE AS THINGS CAME OFF THE ROLLS, RIGHT? BUT NOW WITH THE NEW PROPERTY TAX LEGISLATION THAT HAS PASSED, WE ARE NOT GOING TO BENEFIT IN THE WAY THAT WE THOUGHT WHEN WE INITIALLY BARGAINED ALL OF OUR DEALS. WHEN WE DON'T, AGAIN, KNOW WHAT OUR STRATEGY SHOULD EVEN BE MOVING FORWARD, SHOULD WE BE PROVIDING TIF TO NEW DEVELOPMENTS? SHOULD WE BE PROVIDING SOME OTHER TYPE OF INCENTIVE OR NO INCENTIVE? AND ULTIMATELY, THAT'S ALL POLICY STUFF THAT YOU GUYS WILL DECIDE. BUT THE INTENT AS WRITTEN IS IT'S A 12-MONTH MORATORIUM THAT CAN BE ENDED AT ANY POINT. THE FIRST 90 DAYS IS ESSENTIALLY A PERIOD OF TIME WHERE YOU WOULD BE ORDERING THE CITY DEPARTMENT HEADS AND STAFF TO TELL YOU SPECIFICALLY WHAT THEY THINK THEY NEED TO KNOW OR WHAT YOU SHOULD KNOW TO MAKE AN INFORMED DECISION OR WHAT MIGHT BE IRRELEVANT. BECAUSE IT MIGHT BE A PROBLEM FOR A DATA CENTER IN GEORGIA FOR A CITY. THAT DOESN'T MAKE IT A PROBLEM. FOR OUR DATA CENTERS HERE IN COUNCIL BLUFFS, RIGHT? AND SO IN ORDER TO IMPLEMENT ANY DEVELOPMENT, ANY SUBSTANTIVE CHANGES TO THE WAY THAT WE ZONE OR OUR CODE THAT CONTROLS DATA CENTERS, WE HAVE TO BE ABLE TO JUSTIFY IT. AND SO THE POINT OF THE STUDIES IS YOU HAVE TO BE INFORMED BEFORE YOU MAKE CHANGES. YOU CAN'T JUST GET FROM A TO B TO MAKE CHANGES. LIKE, WE CAN'T JUST WALK OUT OF HERE AND PROPOSE. TO PLANNING COMMISSION THAT YOU SHOULD DO X, Y, AND Z BECAUSE WE NEED TO BE ABLE TO TIE SOME [00:40:01] OF THOSE REGULATIONS, RIGHT? I GUESS. YEAH. SORRY, I KNOW YOU MAY HAVE MORE. I GUESS FOR ME, LIKE YOU SAID, WE HAVE TO BE INFORMED, RIGHT, WITHOUT MAKING ANY CHANGES. I JUST DON'T THINK WE'RE FULLY INFORMED. I MEAN, WHEN YOU TALK ABOUT POWER, MIDAMERICAN'S NOT HERE TELLING US THIS. WATERWORKS ISN'T HERE. MATT CAN PROBABLY SPEAK TO THE WASTEWATER ISSUE OR NON-ISSUE IF WE HAVE WHATEVER THAT IS. YOU CAN CALL IT A PAUSE. TO ME, IT SAYS WE'RE NOT OPEN FOR BUSINESS. IT SAYS DON'T COME HERE. AND I JUST REALLY THINK THAT'S A TERRIBLE SITUATION TO PUT US IN. I THINK WE HAVE TO. YOU KNOW, YOU TAKE THESE AS THEY COME, AND YOU, YOU KNOW, WHEN YOU TALK ABOUT THE BUILDINGS IN 15 YEARS AND THEY'RE MAKING THEM SMALLER, THEY'RE DEAD. WELL, LET'S, IF SOMEBODY COMES, LET'S FIND OUT IF THEY HAVE A DEAD BUILDING AND WHY DID THEY LEAVE IT AND WHAT ARE THEY GOING TO DO? WHEN WE'RE NEGOTIATING, THEY'RE COMING HERE. WHAT ARE THEY GOING TO DO IF THEY NEED A SMALLER BUILDING? YOU KNOW, WHAT ARE THEY GOING TO DO? OR THEY'RE STILL GOING TO PAY PROPERTY TAXES ON IT, EVEN IF IT SITS THERE. WHICH, IF THEY LET IT GO DILAPIDATED, WE GO THROUGH 657A AND WE GO DOWN THAT PROCESS. I THINK, YOU KNOW, WHEN SOMEBODY COMES, RIGHT, WE HAVE TO TALK TO THEM ABOUT NUCLEAR, MINI-NUCLEAR, LIKE, HEY, YOU'VE DONE THIS BEFORE. THEY'RE DOING IT EVERYWHERE. I MEAN, IT'S HAPPENING ALL OVER THE UNITED STATES. YES. I'VE READ THROUGH THIS RESOLUTION SEVERAL TIMES. AND EVERYTHING THAT IS IN THIS RESOLUTION. IF YOU READ YOUR PACKETS AND THEY SEND OUT INFORMATION ON ANY DEVELOPMENT, IT GOES TO IOWA POWER, GOES TO BLACK HILLS, GOES TO THE FIRE DEPARTMENT, GOES TO PUBLIC WORKS. AND THEY LOOK INTO THE WHOLE PROJECT AND THEY TELL US IN OUR PACKETS WHETHER THEY HAVE THE CAPACITY TO DO THIS OR NOT DO THIS. YES, WE NEED MORE INFORMATION, BUT YOU CAN'T PREDICT THE FUTURE. YOU COULD MAKE A STUDY AND NOT EVEN SEE ANYTHING THAT'S COMING. COMING DOWN THE ROAD. NOW, DO WE NEED TO DO SOME THINGS DIFFERENTLY? YES, I THINK WE DO. BUT WE CAN DO THAT ON A CASE BY, YOU KNOW, AS WE GO FORWARD AND NOT HAVE A MORATORIUM ON THE, I THINK IT'S IN THE... I ACTUALLY WANT TO... SO STAFF RECOMMENDATION IS IF YOU SUPPORT IT, VOTE FOR IT. IF YOU DON'T, THEN DON'T. SO I GUESS I DON'T REALLY KNOW WHAT THE STAFF RECOMMENDATION IS. IT DOESN'T HAVE... BECAUSE I DRAFTED IT, I DON'T THINK IT'S APPROPRIATE FOR ME TO ADVISE ON POLICY, RIGHT? WELL, I MEAN, IF YOU'VE TALKED WITH YOUR STAFF ABOUT IT, RIGHT? SO I GUESS THAT'S WHERE... I MEAN, I KNOW YOU WROTE THE RESOLUTION, BUT... I ALSO WROTE THE COUNCIL COMMUNICATION. OKAY. AND SO I WANTED TO COMMUNICATE TO YOU GUYS THAT... IF YOU WANT TO DO IT, IT'S ALL LEGAL. THIS IS DESIGNED IN A WAY. SO WHAT YOU'RE TALKING ABOUT, ROGER, IS THE SUPREME COURT HAS ANALYZED THESE TYPES OF THINGS. WHAT THEY LOOK AT, THEY CALL PROSPECTIVE BUYING. AND A DEVELOPER DOESN'T HAVE A VESTED RIGHT IN THE PROCESS. THEY COULD PUT ALL SORTS OF COSTS AND FEES INTO TRYING TO GET THE SITE READY. GETTING SOME PRELIMINARY AUTHORIZATIONS, BUT IT'S NOT UNTIL THEY ACTUALLY HAVE A BUILDING PERMIT ISSUED THAT THEY EARN VESTED RIGHTS IN THE PROJECT. SO IF WE PUT A MORATORIUM IN UNDER THE LAW STRICTLY, ONLY PEOPLE WHO HAVE CURRENTLY ISSUED BUILDING PERMITS COULD BUILD. THE CAVEAT TO THAT IS WE ALSO HAVE DEVELOPMENT AGREEMENTS THAT ANTICIPATE MULTI-PHASE PROJECTS. SO THEY WOULD HAVE NOT VESTED RIGHTS, BUT CONTRACTUAL RIGHTS TO THE DEVELOPMENT OF THOSE. AND SO I THINK IT'S SECTION 6 THAT DISCUSSES THE EXEMPTIONS WAS WRITTEN IN A WAY TO BE AS FRIENDLY TO OUR PARTNERS AS POSSIBLE. WE RECOGNIZE THE CONTRACTUAL RIGHTS, EVEN THOUGH THEY WOULD SUE US AND WIN IF WE DID THIS. AND DIDN'T EXEMPT THEM, BUT WE MAKE SURE TO SPECIFICALLY EXEMPT THEM SO THEY KNOW THAT IT DOESN'T APPLY. WE ALSO DO THAT WITH PEOPLE WHO HAVE VESTED RIGHTS. SO ANYONE WHO IS CURRENTLY BUILDING AND HAS BEEN ISSUED A [00:45:02] BUILDING PERMIT, THEY KNOW THEY HAVE VESTED RIGHTS. SO CONTRACTUAL RIGHTS, VESTED RIGHTS ARE THERE. WE ACTUALLY GO A STEP FURTHER AND WE SAY, EVEN THOUGH I SHOULD SAY THE RESOLUTION AT THE DIRECTION OF THE MAYOR GOES A STEP FURTHER AND SAYS, EVEN THOUGH WE DON'T HAVE WOULDN'T HAVE TO PROVIDE UNDER A MORATORIUM THESE EXCEPTIONS THAT WE WANT TO RECOGNIZE THAT ANYONE WHO HAS WORKED WITH US IN THE CITY YOU KNOW HAS HAD PRELIMINARY DISCUSSIONS HAS HAD ANY SORT OF GOVERNMENT AUTHORIZATION IS ALSO EXEMPTED FROM THE APPLICATION AND UM AND I AGAIN WHETHER OR NOT IT'S BUSINESS FRIENDLY OR NOT THAT'S NOT MY PLACE TO DECIDE BUT THE REASON THAT MORATORIUMS HAVE BEEN UPHELD THAT THE UNITED STATES SUPREME COURT AND THE IOWA SUPREME COURT LEVELS IS BECAUSE THEY RECOGNIZE THE TEMPORARY NATURE OF THESE. THEY ARE NOT INTENDED TO STOP DEVELOPMENT. THEY ARE NOT INTENDED TO INHIBIT ECONOMIC DEVELOPMENT. THEY ARE INTENDED TO GIVE CITY COUNCILS THE OPPORTUNITY TO DECIDE WHAT INFORMATION YOU GUYS WANT AND HOW TO GET IT, HOW TO PAY FOR IT, AND HAVE A COMPREHENSIVE PLAN WHEN YOU COME BACK TO SAY THIS IS WHAT WE WANT IT TO LOOK LIKE IF WE HAVE A DATA CENTER THAT COMES IN HERE'S OUR ECONOMIC DEVELOPMENT INCENTIVE POLICY YOU KNOW WE WANT TO OFFER EVERY PARTNER THIS TYPE OF DEAL WE WANT TO KNOW HOW WE SHOULD BE BUDGETING FOR OUR EVENTUAL SEWER TREATMENT PLANT FACILITY AND HOW RESPONSIBLE SHOULD EACH PERSON BE THAT AGAIN THE THE THE LEGAL PURPOSE OF A MORATORIUM IS SPECIFICALLY TO PROTECT THE COUNSEL, GIVE THE COUNSEL THE TIME TO BREATHE, TO THINK ABOUT HOW ARE WE GOING TO DO THIS. AND THE REASON IT'S TEMPORARY IS BECAUSE THE SUPREME COURT'S DON'T WANT YOU SITTING AROUND TAKING FOREVER FOR NO REASON, RIGHT? SO THAT'S WHY THERE IS A DIRECTIVE TO REPORT BACK TO YOU IN 90 DAYS, BECAUSE IF IT COMES BACK, I MEAN, AND TO STEVE'S POINT, YOU KNOW. I'D SAY THAT A MORATORIUM IS KIND OF AN IMPETUS TO DO IT, BUT... THE PROJECT-BY-PROJECT BASIS, IN MY PERSONAL OPINION, WHICH I SHOULDN'T SHARE, BUT IT HAS LED TO A VERY FRACTURED RESPONSE TO HOW WE'VE GOTTEN INTO OUR AGREEMENTS. AND SO WE MIGHT KNOW THE PRACTICAL IMPACT OF ANY ONE PROJECT ON OUR FINANCES, THE VOLUME WITH WHICH WE HAVE NOW ACCEPTED IN, WITH MY UNDERSTANDING AND CONVERSATIONS WITH MATT COX. WE DO HAVE SERIOUS STRAIN ON OUR SYSTEMS. SO WHETHER YOU WANT TO DO THAT THROUGH SOME OTHER MECHANISM OR THROUGH A MORATORIUM, THAT'S ULTIMATELY UP FOR YOU GUYS TO DECIDE. BUT AGAIN, THIS IS DESIGNED TO SAY DATA CENTERS ARE DESIGNED TO SAY, WE WANT TO KNOW EXACTLY WHAT BENEFITS THERE ARE SO WE CAN MAXIMIZE THOSE BENEFITS TO THE CITY. WE WANT TO KNOW WHAT THE COSTS ARE SO WE CAN MAKE SURE THOSE ARE ADDRESSED. AND HOWEVER YOUR COUNCIL WANTS TO GO ABOUT DOING THAT, THAT'S WHAT IT'S DESIGNED TO DO. AND WHETHER YOU WANT TO DO THAT THIS WAY OR A DIFFERENT WAY IS OBVIOUSLY UP TO YOU GUYS. BUT I JUST WANT TO CLARIFY THAT THE MORATORIUM IS A LEGAL TERM. IT HAS TO BE USED. WE CAN'T JUST COME UP HERE AND SAY, PLEASE PAUSE DEVELOPMENT, RIGHT? AND SO THAT'S WHERE MORATORIUM COMES FROM. AND I UNDERSTAND LEGAL TERM, BUT I'M GOING TO TELL YOU FROM A DEVELOPER MINDSET. AND FROM A BUSINESS MINDSET, THEY HEAR STOP. THAT'S WHAT DEVELOPERS HEAR. SO I GET WHERE YOU'RE COMING FROM, TONY. AND IT SOUNDS LIKE YOU'RE MAYBE SEEING THE SAME THINGS I HAVE SEEN AS WELL WHEN I RESEARCH THIS, THAT WE WOULD HAVE A CHANCE THAT WE MIGHT BE SUED, THOSE COMPANIES, IF WE DO HAVE A MORATORIUM. IS THAT? IF WE DID IT, SO THE EXEMPTIONS? THAT ARE, I THINK THEY'RE CONTAINED IN SECTION 6. YEAH. THOSE EXEMPTIONS ADDRESS ANY EVEN REMOTE CLAIM THAT WOULD BE VALID. FOR CURRENT. SO IT ALLOWS ALL THE, NO FUTURE. POSSIBLY IN THE BOOKS. YEAH. CAN CONTINUE ON AS. NO FUTURE PROJECTS WOULD HAVE, WOULD ESSENTIALLY HAVE STANDING TO SUE US BECAUSE THEY DON'T. WE HAVEN'T DONE ANYTHING YET. THIS WOULD PREDATE THEIR AGREEMENT. YEAH. LIKE THEY WOULD BE EITHER PURCHASING OR ACTING, KNOWING THAT THERE'S A MORATORIUM IN PLACE. SO, YOU KNOW, IT'S A IT'S A EDUCATED RISK. YES. YOU MENTIONED IT. AND I THINK THE MAYOR MENTIONED AS WELL. BY RIGHT. [00:50:02] THEY CAN BUILD BY RIGHT. EVEN IF IT'S BY RIGHT. IF IT'S IMPACTING SOMETHING ELSE NEGATIVELY, WE CAN STOP THAT. FROM HAPPENING, CORRECT? I MEAN, IF SOMETHING'S NOT, IF IT'S GOING TO CAUSE AN UNDUE HARDSHIP ON THE NEIGHBOR OR UNDUE HARDSHIP ON SOMEBODY ELSE, YEAH, IT MIGHT BE ZONED. YOU MIGHT SAY, YEAH, BY RIGHT, YOU HAVE THAT. BUT IF I REMEMBER RIGHT, WE CAN STILL STOP. CHRIS AND POTENTIALLY RODNEY TO COME AND TALK, BECAUSE I KNOW THERE'S NOT ISSUING PERMITS TO ONE GROUP OR ANOTHER. I'LL ASK FOR BOTH OF THEM TO COME UP AND SPEAK. SO, YOU KNOW, BY RIGHT. IT CAN BE A SHEET OF BUILDING. CANCELING A PROJECT. NO. PROJECT. BUT THAT'S WHY WE WOULD LOOK AT IT PRIOR AND ASK WE DON'T ISSUE. WE WOULD FOR DATA CENTER, BUT THIS ISN'T AN EXAMPLE. WE DON'T DO THE CREATING AN ISSUE. IT'S ISSUED. IT'S BUILT BY RIGHT. IT'S ZONED PROPERLY. IT SEEMS LIKE, YEAH, THIS IS IT, BUT OH BOY, IT'S GOING TO CAUSE THIS PROBLEM. AND STAFF RECOMMENDATION IS WE DON'T DO THAT BECAUSE OF X. CORRECT. AND THEN IT DOESN'T HAPPEN. WE SHOULD PROBABLY MAKE CHANGES TO THE CODE A LOT, AND THE PI GETS A CHANCE TO KIND OF PARTICIPATE IN THOSE. LET ME TRY TO CLARIFY BECAUSE I THINK I'M ON THE SAME. IF SOMEBODY CAME IN AND PURCHASED LAND ON I-2. THEY, BY RIGHT, CAN BUILD A DATA CENTER. SO A PI WOULD NOT NECESSARILY, WHEN DOES A PI COME INTO PLAY? IF THEY'RE IN I-1? YEAH, SO IT'S, I MEAN, THAT'S PART OF THE NEGOTIATION. YOU KNOW, IF YOU'RE ASKING FOR CITY INCENTIVES, YOU KNOW, WE WANT TO MAKE SURE. WE KNOW THEY'RE ALL GOING TO HAVE. MAYBE THAT'S PART OF THE COMMON CITY FOR FINANCIAL INCENTIVES. IF YOU'RE NOT ASKING, YOU CAN BUILD IT TO A PERSON. THERE'S NOTHING IN THE CODE THAT SAYS, IF THEY'RE DOING THIS, THEY SHALL GO PI. THE CODE ISN'T WRITTEN FOR WHAT IS THE BEST PROCESS TO PUT THIS TYPE OF PRODUCT THROUGH. AND THAT'S WHAT WE DO WITH EDGE. IT WAS OUR COMMUNITY. WE HAVE BEFORE THEY'VE COME THROUGH AND THEY STILL HAVE TO COME THROUGH PLANNING. RECOMMENDATION FROM STAFF IS THAT WE DON'T DO THIS FOR WHATEVER REASON. AND SO I GUESS IN MY MIND, I'M LOOKING AT THINKING WE DO HAVE A PROCESS IN PLACE THAT WORKS. IT HAS WORKED FOR A LONG TIME. WE HAVEN'T PUT UP THE STOP SIGN FOR ANYBODY. WE'VE JUST SAID WE CAN'T SATISFY THAT REQUIREMENT, BUT WE GET OUT. THERE'S NOTHING ON HERE. WOULD YOU SUPPORT THIS MORATORIUM? ECONOMIC DEVELOPMENT. YEAH. DEPARTMENT HEAD. YEAH. IF NOT FOR MID-AM. WHEN YOU THINK ABOUT ALL OF THEM COMING, I THINK IT'S WORTHY OF US. THERE'S THINGS THAT ARE OCCURRING THAT PERHAPS WE COULD DO BETTER ON. I THINK IT'S WORTHY OF US. NO MATTER WHAT, WE NEED TO HAVE A DEEPER, INVOLVED CONVERSATION ABOUT, AT LEAST NOTHING ELSE FROM A LAND USE PERSPECTIVE. LIKE, DO YOU WANT THESE ALLOWED? IF THEY'RE ALLOWED BY RIGHT, THAT'S WHAT WE REQUIRE, WHY WOULD WE SAY NO? LIKE WHAT, RIGHT? LIKE, IF WE'RE ALLOWING IT TODAY, AND WE HAVE MINIMUMS, WHATEVER THE REQUIREMENTS ARE, [00:55:21] DO WE NEED TO RAISE OUR MINIMUMS? I THINK ALL OF US WOULD TALK ABOUT THOSE THINGS. WHAT DO WE WANT? PUT DOWN WHAT WE WANT. LET'S TALK ABOUT THAT. MAYBE I'M WAY OFF. LET ME ASK YOU THIS, KURT. RIGHT NOW WE HAVE LOCAL CONTROL OVER IT. IF WE PUT A MORATORIUM IN FOR A YEAR OR HOWEVER LONG, WON'T THEY TAKE THEIR LOBBYISTS AND GO TO THE STATE AND SPEND TONS OF MONEY AT THE STATE AND GET A STATEWIDE... A BLANKET THAT WILL TAKE AWAY OUR LOCAL CONTROL. WE'RE BETTER OFF HAVING THIS CONVERSATION HERE THAN HAVING TO GET TO THE STATE LEVEL AND LOSE OUR LOCAL CONTROL. I WOULD MUCH RATHER KEEP IT LOCAL. AND WE DON'T HAVE TO SHUT DOWN DATA CENTERS FROM LOOKING AT US TO DO THIS. WE CAN HAVE THESE CONVERSATIONS AS WE GO FORWARD. STEVE, TO ANSWER YOUR QUESTION, YES, THAT'S ENTIRELY POSSIBLE. WILL THEY DO THAT? I DON'T KNOW, BUT CERTAINLY ANYBODY CAN WATCH THE STATE TO DO IT. I GUESS, ROGER, BACK TO YOUR QUESTION, THOUGH. AND HERE'S A GOOD EXAMPLE. THAT PROPERTY WHERE EDGE IS AT WAS ZONED I-2. THE ORIGINAL PLAN WAS A 68-FOOT TALL BUILDING. I MEAN, WE HAVE NOTICED THAT COULD HAVE JUST BEEN ONE CONCRETE BLOCK BUILDING, NO LANDSCAPING, NO PAINTING, AND IS THAT WHAT WE WOULD SEE? BUT IT'S NOT, RIGHT? THAT'S GOING TO BE THE SAME SITUATION FOR EVERY SINGLE ONE OF THEM. I DON'T THINK THE REPORT IT IS BECAUSE OF THE NEW LAWS. AND WHAT WE HAVE AVAILABLE AND HOW WE HAVE TIF AVAILABLE, RIGHT? SO THAT'S CURRENT, RIGHT? BUT THEY MADE THE CHANGES UP AT THE STATE. AND SO TIF CAN ONLY BE USED FOR CERTAIN THINGS. WE'RE NOT GOING TO BE ABLE TO USE IT THE SAME WAY WE HAVE BEEN. SO YOU ARE MORE THAN LIKELY GOING TO SEE MORE BUILD BY RIGHT BECAUSE OF THE TAX CHANGES THAT WERE OCCURRING. IT'LL BE UP TO THE COUNCIL TO SAY, DO YOU WANT TO GIVE SOMEBODY A TIF WHEN WE ONLY GET TO RECOGNIZE THE ONE YEAR, THE FIRST YEAR, OR ARE WE GOING TO GIVE SOMEBODY A TIF AND THAT'S GOING TO BE A LOWER AMOUNT? IT'S NOT THE FIRST YEAR IT ROLLS OFF A TIF. IT'S THE FIRST YEAR OF CONSTRUCTION. SO THAT'S A WHOLE NEW CONVERSATION THAT WE HAVEN'T HAD AS A COUNCIL AS TO WHAT YOU WANT TO DO. AND SO THE PROCESS OF THE PAUSE IS TO SAY, I AGREE, WE CAN WALK AND CHEW GUM AT THE SAME TIME. IF THE CURB IS COMING TOMORROW OR NEXT WEEK, ARE WE WILLING TO HAVE THOSE CONVERSATIONS OR DO WE WANT TO PAUSE TO SAY, HEY, WE HAVE A FINITE AMOUNT OF LAND AVAILABLE. DO WE WANT TO GIVE THAT FINITE AMOUNT OF LAND OR DO WE WANT TO REZONE DATA CENTERS INTO ITS OWN ZONING CLASS SO WE HAVE AN OPPORTUNITY FOR US TO BRING IN OTHER INDUSTRIES TO THE TOWN AND NOT BE KNOWN AS THE DATA CENTER COMMUNITY? AND RUN OUT OF LAND. BUT THAT WOULD, THOSE LAWS ARE GOING TO AFFECT ALL DEVELOPMENT. YES. ALL DEVELOPMENT OR JUST DATA CENTERS? I THINK IN MY MIND, IF WE KNEW WHAT WE KNEW NOW 20 YEARS AGO, DATA CENTERS SHOULD HAVE BEEN ITS OWN CLASS OF LAND. WELL, IF WE KNEW WHAT ELECTRICITY AND SOLAR POWER... COULD DO FOR US TODAY 20 YEARS AGO, WE WOULD HAVE PUT IT IN 20 YEARS. BUT IT CHANGES AS IT GOES ALONG. YOU DON'T KNOW THESE THINGS. WE'RE NOT EVEN GOING TO BE ABLE TO PREDICT WHERE THESE DATA CENTERS AND THE TECHNOLOGY AND THE ADVANCEMENT AND HOW QUICKLY IT'S CHANGING. AGREED. EVEN IF WE TAKE A YEAR MORATORIUM, WE'RE NEVER GOING TO BE ABLE TO PREDICT THAT. BUT IT WILL GIVE US AN OPPORTUNITY TO TRY. RIGHT NOW IT IS THE WILD WEST. WOULD WE... WOULD WE NOT BE SERVED TO ACCOMPLISH SOME OF THE SAME GOALS THAT WE'RE ALL DISCUSSING TO MAKE A SIMPLE CHANGE TO OUR ZONING AND, YOU KNOW, MAKE SURE THAT THEY'RE ALL PLANNED, YOU KNOW, MAKE THEM PLANNED INDUSTRIALLY SO THEY DO HAVE TO COME TO COUNCIL, LIKE THE EDGE PROJECT? [01:00:02] WOULD THAT NOT BE A, THAT WOULD ALLOW FOR MORE SPECIFIC PROJECT CASE-BY-CASE CONTROL ON EACH TIME? I GUESS THAT'S A QUESTION I HAVE BEFORE I GO TO THE REST OF MY STATUS. AS SOON AS THE PLANNING COMMISSION, A CONDITIONAL USE PERMIT IS REQUIRED, RIGHT? LIKE WE COULD DO THAT. I THINK THERE'S A LOT OF DIFFERENT ASPECTS, I GUESS. YEAH, TO MAKE SURE THAT WE ARE JUST NOT HAVING SOME 01,000-FOOT-TALL BUILDING, YOU KNOW. BUT AT THE SAME TIME, THOUGH OUR PARTNERSHIP MAY BE ROCKY AND BE FRACTURED, AS WAS STATED POSSIBLY EARLIER, I FEEL LIKE WE'RE IN A BETTER PLACE AS A COMMUNITY TO. IF WE CAN WORK TOGETHER IN PARTNERSHIP, I HAVE BETTER LUCK TO SOLVE THINGS LIKE ROGER'S PROBLEM. YOU KNOW, SAY, HEY, YOU'RE OUR PARTNERS. YOU SAID YOU WERE OUR PARTNERS. YOU'RE LEAVING ONE OF OURS HERE. MY FEAR IS THAT WE BECOME THAT ADVERSARIAL, AND NOW WE'RE NOT. IN THAT PARTNERSHIP, I GUESS, WOULD WE BE ABLE TO DO THAT WITH THE ZONING CHANGE TO REQUIRE IT TO GO THROUGH THAT PROCESS? WOULD THAT BE A POSSIBILITY TO REQUIRE THAT IT COMES THROUGH US EACH TIME? I MEAN, ALL OF THESE THINGS THAT WE'RE DISCUSSING THAT WE NEED TO BE FIGURING OUT, YES, WE NEED TO FIGURE OUT THE ECONOMIC IMPACT. WE NEED TO FIX, AND MAYBE I DON'T EVEN WANT TO FOCUS ON THE PREVIOUS, BUT JUST SIMPLY ON PROJECTS COMING FORWARD. THEY WANT TO BRING NUCLEAR POWER. THERE'S A LOT OF REGULATIONS WHEN NUCLEAR GETS INVOLVED, AND THINGS THAT WE DO REALLY MATTER VERY LITTLE IN COMPARISON TO THE FEDERAL LEVEL OF REGULATION. I DON'T KNOW THAT IT'S AS SIMPLE AS THEM JUST SAYING, HEY, I'M GOING TO PUT A MINI-NUCLEAR REACTOR, BECAUSE THE TWO THAT WERE IN THE COMMUNITY WITHIN THE 25 MILES OR SO HAVE BOTH BEEN TAKEN OFFLINE. I CAN SEE WHY WE WOULD NOT WANT TO HAVE SOMEONE JUST, AGAIN, BUILD A 100-FOOT-TALL BUILDING, BUT AT THE SAME TIME, IF SOMEONE WANTS TO COME IN AND PAY FULL TILT AND... PAY ALL THE FINES, THE FEES, AND DO EVERYTHING AS WE'VE DONE, AND THEN BRING EVERYTHING THROUGH US EACH TIME. I SEE THAT AS MAYBE A VALID WAY OF COMPROMISE TO SAY WE'RE NOT CLOSED FOR BUSINESS, BUT WE ARE ACTIVELY DOING THESE THINGS. HONESTLY, SOME OF THE STUFF THAT WE'RE SUPPOSED TO BE DOING, WE SHOULD DO EITHER WAY, AND PART OF THAT I FEEL LIKE SHOULD BE PART OF OUR 2050 PLAN. AND AS WE GO THROUGH, WE TALK ABOUT REZONING AND DOING EVERYTHING. SO RATHER THAN PICKING ONE PIECE OUT, PERHAPS THAT WOULD BE THE BETTER WAY TO GO ABOUT. DECIDING THE DIFFERENT ZONINGS AND WHERE WE ARE TO GET UP TO CURRENT SPEED, I GUESS. JOE, TO ANSWER YOUR QUESTION, YES. I MEAN, WE COULD MAKE THAT CHANGE. WOULD THAT NOT BE A SIMPLER WAY TO GO ABOUT JUST MAKING SURE, YES, EVERYTHING'S GOING TO HAVE TO COME FROM THIS POINT FORWARD, EVERYTHING'S GOING TO COME THROUGH US? I WOULDN'T SAY IT'S SIMPLE. I MEAN, THE PROCESS IS. BUT ONE THING TO THINK ABOUT IS YOU HAVE EXISTING DATA CENTERS RIGHT NOW THAT ARE NOT ZONED. CORRECT. BUT, AGAIN, TO THE POINT HERE. THOSE ARE ALL IRRELEVANT BECAUSE WE, IN SECTION 6, NEGATED THEM, RIGHT? THAT'S ONLY IF WE GO TO THE MORATORIUM. IF WE DON'T DO THE MORATORIUM. I UNDERSTAND, BUT WHAT I'M SAYING IS WE'VE BEEN GIVEN A FREE PASS. IF WE WERE TO GO VOTE YES FOR THE MORATORIUM, IT WOULD NOT AFFECT THOSE ANYWAYS BECAUSE THEY ARE IN THE PAST. IF WE CHANGE OUR CODE, IT WOULDN'T AFFECT THEM EITHER. CORRECT. SO EITHER WAY, THE PREVIOUSLY ALREADY ONES THAT ARE ON THE BOOKS, IT'S IRRELEVANT TO THEM. IT WILL AFFECT THEM. IT'S GOING TO MAKE THEM NOW LEGAL NON-CONSERVATIVES. YES. AND SO WE'D HAVE TO MAKE SOME CHANGES TO OUR LEGAL NON-CONFORMITY. THAT WOULD HAPPEN DOWN THE ROAD IF WE DECIDED TO AGAIN, I'M NOT SAYING WE SHOULDN'T STUDY THESE THINGS. MY POINT IS WE STILL STUDY THESE THINGS BECAUSE THAT'S OUR JOB. I MEAN, AND I KNOW WE TALK ABOUT, WELL, WHAT HAPPENS IF THEY GO AWAY? I MEAN, WELL, WHAT HAPPENS IF YOU HAVE A MAJOR RETAILER COME AND WE BUILD AN ENTIRE SECTION AROUND IT AND THEN THEY REFUSE TO SELL TO ANYONE ELSE IN TOWN AND THEY WANT TO DO STORAGE IN THAT PLACE THAT WE'RE SUPPOSED TO HAVE? HAVE, YOU KNOW, ALL THIS COMMERCE GOING ON. IF WE LET THEM DO IT, THEN NEXT THING YOU KNOW, WE HAVE FOUR MORE THAT ARE, AND THE WHOLE THING BECOMES A STORAGE LOT. WELL, WE DON'T REALLY NECESSARILY WANT THAT BECAUSE WE DID A PR OVERLAY THERE OR WHATEVER IT WAS BECAUSE WE WANTED BUSINESS. WE DID A BUSINESS DEVELOPMENT SECTION THERE. MY POINT IS, I GUESS, IS THERE IS MANY BUILDINGS IN TOWN THAT HAVE BEEN DESIGNED FOR ONE PURPOSE, AND THEN NEXT THING YOU KNOW, NOW THEY'RE A POST OFFICE. OR THEY'RE A POST OFFICE, AND NOW IT'S A PLACE WHERE PEOPLE LIVE. THE FEAR OF WHAT HAPPENS WHEN THEY LEAVE, SOMEONE WILL COME IN, I GUESS, AND DO SOMETHING WITH THESE STRUCTURES OR THEY'LL BE TORN DOWN. AND, YOU KNOW, TO THAT POINT, JOE, I DON'T THINK IT'S A FEAR OF WHAT HAPPENS. IT'S THE COST. RIGHT. IF THEY LEAVE AND WE HAVE [01:05:01] TO TAKE THE COST ON TO DEMO IT, THAT'S AN EXTREMELY LARGE. I THINK WHEN WE'RE WHEN WE'RE DOING NEGOTIATING, WE WE TALK ABOUT THOSE THINGS AND WE TALK ABOUT LIKE. THE SITE DOWN ON 2ND AVENUE THAT WE HAVE TO MITIGATE THE RISK BECAUSE WE HAVE TO SAY IF YOU DAMAGE THE LAND, IF YOU CONTAMINATE THE LAND, YOU HAVE TO CLEAN IT UP BEFORE YOU LEAVE. RIGHT. I THINK THOSE ARE THINGS THAT WEREN'T IN I MEAN WE'VE GOT SUPERFUND SITES, RIGHT? CORRECT. THAT'S RIDICULOUS. THEY SHOULD CLEAN IT UP BEFORE THEY LEAVE, AND THAT SHOULD BE IN THE NEGOTIATIONS. THAT SHOULD BE IN OUR CODE. AND WE'RE AWARE. IT'S TOP OF MIND NOW. IT'S THINGS THAT WE CAN'T UNDO THE DEALS THAT KNOWING NOW WHAT WE DO KNOW, ALL WE CAN DO IS TRY AND GO FORWARD IN A GOOD WAY. AND THAT'S WHAT RON KAMINSKY WAS SPEAKING OF, IS HAVE A COMMUNITY BENEFIT AGREEMENT. OH, CORRECT. SO THAT INDIVIDUALS LIKE THIS HERE THAT HAS BEEN MAJORLY AFFECTED, THAT WE HAVE IN PLACE SOMETHING THAT'S GOING TO HELP THIS MAN GOING FORWARD. THOSE ARE THE IMPORTANT THINGS. I JUST REALIZED THIS. WE'RE HELPING OUT ROGER. HE LIVES IN TORONTO. WE NEED THE TIME AS A... WHAT DO WE WANT IT TO SAY? AND WHAT DO WE WANT IT TO DO, RIGHT? WE'RE NOT THAT FAR OFF, RIGHT? WE'RE NOT THAT FAR OFF, BUT IF SOMEBODY ELSE COMES IN, THEN WE'VE LOST ANOTHER ONE THAT WE CAN GET AHEAD OF THIS AND SAY, HEY, WE'RE... WE MAKE A CHANGE TO ZONING, AND WE GET THAT PUT TOGETHER. THIS, I MEAN... PLANNING COMMISSION... BUT THEN WHO PAYS FOR, WHO DECIDES WHAT STUDIES NEED TO BE DONE? WHO PAYS FOR THOSE STUDIES? THAT'S ALL THE THINGS THAT WE NEED TO TALK THROUGH AND WORK THROUGH BEFORE THE NEXT PERSON COMES IN. WHO'S GOING TO PAY FOR THE WASTEWATER STUDY AS FAR AS HOW MUCH IT'S GOING TO COST TO BUILD A NEW PLANT? I THINK MATT KNOWS, LIKE $200 MILLION. HE'S TOLD US BEFORE. HE DOES NOT KNOW. IT'S A CRAZY NUMBER. MATT, YOU WANT TO COME UP AND SPEAK? I MEAN, JOE'S BEEN ASKING FOR A NEW WATER. JUST SAYING. WE DON'T NEED A SEWER TREATMENT PLANT. SORRY. YEAH. BLACKWATER. BLACKWATER. I WANT TO TREAT THE BLACKWATER. I HAVE A LOT OF COMMENTS, BUT I'M GOING TO KEEP THEM BRIEF. WELL, NO. WE WANT YOUR COMMENTS. I MEAN, ONE OF THE THINGS, YOU KNOW, WE TALKED A LOT ABOUT. STAFF'S BEEN THROUGH ALL THESE PROJECTS, STAFF SUPPORT THESE PROJECTS. IT'S NOT REALLY STAFF'S ROLE TO SAY WE LIKE THE PROJECT OR DON'T LIKE THE PROJECT. IT'S OUR ROLE TO FIGURE OUT HOW TO MAKE IT WORK. THAT'S HOW, THAT'S WHAT WE DO. AND YOU GIVE ME ENOUGH TIME AND MONEY, WE'RE GOING TO FIGURE OUT HOW TO MAKE IT WORK. I BELIEVE IT. SO IF WE CAN MAKE IT WORK, WE'RE GOING TO SAY YES, WE CAN DO THAT PROJECT. WE'RE NOT GOING TO SAY, EH, THERE ARE BETTER PROJECTS, OR I LIKE THIS PROJECT BETTER THAN THIS PROJECT. WE'RE NOT GOING TO GIVE THOSE OPINIONS. WE'RE GOING TO FIGURE OUT HOW TO MAKE THE PROJECT WORK. SO, YES, YOU SEE SUPPORT AND WRITTEN DOCUMENTATION FROM THE DEPARTMENTS THAT SAY, YES, THIS PROJECT CAN MOVE FORWARD. BUT THAT DOESN'T MEAN IT'S THE BEST PROJECT FOR THE CITY OR THAT THE BEST THING FOR LONG-TERM FUTURE OF THE CITY. JUST KEEP THAT IN MIND, I GUESS, WHEN YOU THINK ABOUT THE COMMENTS THAT WE MAKE IN A STAFF REPORT. SO WHILE YOU'RE SAYING YOU'RE SAYING YOU CAN SAY WHAT WOULD WORK AND WHAT WOULDN'T. THAT ALSO MEANS THE NEGATIVE SIDE OF IT, MEANING, YEAH, WE CAN MAKE THAT WORK, OR WE CAN'T MAKE THAT WORK. CORRECT. RIGHT? RIGHT. OKAY. AND THE CHALLENGE THAT WE ALWAYS FACE IS THAT I CANNOT PREDICT THE FUTURE. I ALWAYS TALK ABOUT THE MAGIC EIGHT BALL. IF YOU TOLD ME WHAT DATA CENTERS WERE GOING TO BECOME REALITY, IT WOULD MAKE ME MUCH BETTER PREPARED TO PRESENT TO YOU WHAT WE NEED TO DO IN THE FUTURE. BUT WHEN I HAVE EIGHT OF THEM IN FRONT OF ME, AND I DON'T KNOW WHICH EIGHT, IF ANY OF THE EIGHT, ARE GOING TO BECOME REALITY. I CANNOT TELL YOU WHETHER WE HAVE SUFFICIENT CAPACITY IN WASTEWATER OR NOT. I CAN ONLY TELL YOU ABOUT ONE PROJECT AT A TIME AND WHICHEVER ONE COMES FIRST, WHETHER WE CAN SUPPORT IT OR NOT SUPPORT IT. SO THAT'S ONE OF THE CHALLENGES, AND THAT'S NOT SPECIFIC TO DATA CENTERS. NO, NO MATTER WHAT THE PROJECT IS. BUT THAT'S WHAT WE'RE TALKING ABOUT. SO IF THERE'S EIGHT OR SEVEN OR WHATEVER, IF WE GET TO FIVE... WE CAN'T DO IT. THEN WE CAN'T DO IT. AND THAT'S THE ANSWER. RIGHT. BECAUSE I DON'T WANT YOU TO PREDICT THE FUTURE. BUT I DON'T WANT TO BE IN A POSITION WHERE I HAVE TO COME TO YOU AND SAY WE CAN'T TAKE THAT PROJECT. SO I'VE GOT TO THINK ABOUT THE FUTURE YEARS IN ADVANCE, ACTUALLY, BECAUSE IT TAKES THAT TYPE OF [01:10:04] PLANNING AND EXECUTION PREPARED TO EXPAND WASTEWATER CAPACITY, FOR ONE EXAMPLE. SO IN ORDER TO DO THAT, WE NEED TO MAKE SOME DECISIONS ABOUT WHAT ARE OUR PRIORITIES. IF WE HAVE TWO COMPETING PROJECTS, ONE'S A FOOD PROCESSING FACILITY AND ONE'S A DATA CENTER, WE CAN ONLY PICK ONE. WHICH ONE DO WE WANT? ALL THOSE THINGS CAN HAPPEN. I'M JUST SAYING THERE ARE SOME THINGS I THINK THAT COULD BE PUT INTO PLACE THAT WOULD HELP STAFF BE MORE PREPARED TO GIVE YOU THE INFORMATION TO HELP YOU MAKE DECISIONS. THERE'S BEEN A LOT OF TALK ABOUT ZONING. I THINK ZONING IS A GOOD THING, ZONING SPECIFIC TO DATA CENTERS. I THINK THAT WOULD BE HELPFUL FOR US. YOU KNOW, WE HAVE CHALLENGES WITH AGGRESSIVE TIMELINES THAT THESE ENTITIES USUALLY WANT. AND SO HAVING SOME THINGS THAT ARE, I'M GOING TO CALL THEM STANDARD PACKAGES, OR THIS IS HOW WE RESPOND WHEN A PROJECT LIKE THIS COMES IN, THIS IS HOW WE RESPOND. IT'S THE SAME FOR EVERYONE. I THINK THAT WOULD BE HELPFUL. BECAUSE IT WOULD MAKE US MORE RESPONSIVE TO THEM. AT LEAST THEY KNOW WHERE THEY STAND. THEY'RE NOT GUESSING. IT'S NOT ALWAYS A NEGOTIATION. WHEN WE NEGOTIATE EVERY PROJECT INDEPENDENTLY, I DO THINK IT'S A DRAIN ON RESOURCES, AND I ALSO THINK IT'S AN UNPREDICTABILITY FOR THE GROUP THAT'S DEVELOPING BECAUSE IT'S BASED ON THE DEAL. WE'VE HEARD A LITTLE BIT ABOUT THE IMPACTS OF CONSTRUCTION. OBVIOUSLY, THESE ARE MAJOR PROJECTS. THEY NOT ONLY IMPACT UTILITIES AND RESOURCES LONG-TERM, BUT DURING CONSTRUCTION IN PARTICULAR. EVEN WHEN I THINK ABOUT TENS OF THOUSANDS OF WORKERS, THOSE ARE WORKERS THAT AREN'T WORKING ON OTHER JOBS. PRICES GENERALLY GO UP FOR BIDS WHEN WE HAVE THAT KIND OF ACTIVITY IN OUR COMMUNITY. I'M NOT SAYING THAT'S GOOD OR BAD. I'M JUST SAYING THAT'S A REALITY OF WHAT THESE PROJECTS BRING. WE HAVE HAD ISSUES WITH CONCRETE, OTHER THINGS, BECAUSE IT WAS ALREADY BEING UTILIZED AT A VERY LARGE FACILITY. IT'S NOT AVAILABLE FOR OTHER PROJECTS THAT THE CITY WANTS TO DO. BUT THAT COMPANY THEN WOULD BE PAYING, BECAUSE THEY'RE THE ONES BUILDING. WE WOULD HAVE ALSO, THE CITY WILL OBVIOUSLY TRAFFIC IMPACTS, YOU KNOW, THESE MAJOR EARTHWORK PROJECTS TYPICALLY. SO ALL THOSE THINGS COME INTO PLAY WITH THESE PROJECTS. AGAIN, ON A ONE-ON-ONE BASIS, THAT'S SOLVABLE. IF WE WERE TO HAVE MANY, MANY, I THINK WE'RE GOING TO REACH A BREAKING POINT. SO I THINK AS LONG AS WE'RE COMPETITIVE WITH OUR PEERS, THEN I DON'T THINK WE'RE GOING TO GET EIGHT DATA CENTERS. BUT IF WE'RE GIVING SOME SORT OF DEAL THAT NOBODY ELSE IS GIVING, WE PROBABLY WILL. AND THAT IS CONCERNING FOR THE CITY, I THINK. SO WE WANT TO MAKE SURE WE'RE NOT GIVING AWAY TOO MUCH, IS WHAT I WOULD SAY. I THINK THAT'S WHY WE'RE ADDRESSING SOME FRANCHISES. YEAH, THAT'S RIGHT. WE DON'T WANT TO RIGHT. I MEAN, THAT'S I AGREE. I THINK WE'RE LEARNING FROM THE PAST. AND LEARNING FROM, I THINK EVERYBODY DOES THAT DAILY, RIGHT? THAT'S WHAT YOU'RE SUPPOSED TO DO, BUT IT'S... SO, MATT, I'LL ASK YOU THE SAME QUESTION. I APOLOGIZE FOR PUTTING YOU ON THE SPOT, BUT I BELIEVE THAT YOU HAVE ASKED THE PREVIOUS ADMINISTRATION, NOT REALLY BECAUSE I TOLD YOU I WAS GOING TO ASK THIS QUESTION, BUT I BELIEVE YOU'VE ASKED THE PREVIOUS ADMINISTRATION TO PUT A PAUSE OR THAT YOU WOULD APPRECIATE THE PAUSE. HOW DO YOU FEEL ABOUT THIS PROPOSED? IS THIS SOMETHING YOU SUPPORT OR ARE YOU SAYING NO? YEAH, YOU KNOW, I ECHO CHRIS'S COMMENTS THAT THAT'S A HARD PLACE TO BE. AND NOT SO MUCH THAT I ASK FOR A PAUSE IN DEVELOPMENT, BUT THAT, AGAIN, I HAVE CONCERNS. AND AT SOME POINT, WHEN WE REACH A POINT WHERE THERE'S NO RETURN, AGAIN, WE'RE OUT OF CAPACITY. COST TO THE COMMUNITY IS SO LARGE, I'M NOT SURE HOW WE'RE GOING TO PAY FOR IT. THAT'S ONE OF THE THINGS THAT WE NEED TO... BEGIN RESEARCHING AND FINDING SOLUTIONS FOR HOW DO WE PAY THAT 200 MILLION DOLLARS OR MAYBE IT'S 300 MILLION DOLLARS BECAUSE I DON'T KNOW TODAY HOW WE GET THERE. THERE'S NO BONDING SCENARIO THERE'S NO FREE SLUSH FUND FROM THE STATE OF IOWA THAT'S GOING TO GET US THERE AND I CERTAINLY DON'T WANT TO PUT THAT BURDEN ON THE RATEPAYERS OF THE COMMUNITY BECAUSE THEY CAN'T AFFORD THAT KIND OF AN INCREASE NO, I THINK YOU PUT IT ON THE YOU CAN'T DO THAT. I DON'T THINK YOU CAN DO IT [01:15:01] LEGALLY. THE BREAKING POINT, YOU CAN'T MAKE THE LAST ONE PAY THAT. RIGHT, YOU CAN'T DO IT LEGALLY. IF EVERYBODY ELSE IN THE COMMUNITY IS CONTRIBUTING. I THINK AS WE'RE GOING THROUGH, EVERYBODY HAS TO PAY THEIR FAIR SHARE, RIGHT? LIKE, I MEAN, WE'VE SAID BEFORE, THAT'S WHY WE JUST RAISED THE RATES. BECAUSE THEY WEREN'T PAYING THEIR FAIR SHARE. RIGHT. RIGHT? I MEAN, WE WEREN'T PAYING CLOSE. THAT WAS THE INDUSTRY BECAUSE MANY YEARS AGO, 20 PLUS YEARS AGO, THE STRATEGY TO ENCOURAGE... INDUSTRY TO COME TO TOWN WAS CHEAPER SEWER RATES THAN THE RESIDENTIAL. SO WE PUT MORE OF A BURDEN ON RESIDENTIAL CUSTOMERS THAN WE DID INDUSTRIAL CUSTOMERS. BUT NOBODY'S PAYING FOR THEIR SHARE. THEY'RE ALL JUST PAYING A STANDARD RATE. BUT I THINK THAT'S WHERE YOU'VE DONE YOUR JOB, RIGHT? THEY WEREN'T PAYING EVEN CLOSE. IT WAS WAY OUT OF WHACK. WELL, NOW WE'RE CAPTURING MORE BECAUSE WE SHOULD BE. AND THAT, YOU KNOW, THAT'S... WELL, WE PULLED BACK. THEY COULD RESERVE X AMOUNT OF CAPACITY AND THEN NEVER USE IT AND NEVER PAY FOR THAT. WHICH WE CHANGED, AND A LOT OF THEM DROPPED THEIR RESERVE BECAUSE IT WAS SO CHEAP. WHY WOULDN'T YOU HAVE A RESERVE? IF THEY DON'T USE THAT WHICH THEY RESERVE, WE STILL DON'T CHARGE THEM FULL TILT FOR THAT WHICH THEY DON'T USE, CORRECT? CORRECT. WHICH WATER ISN'T THE ISSUE, I DON'T THINK. I THINK IT'S WASTEWATER. WE'RE TALKING ABOUT SEWER. I MEAN, AT SOME POINT... I'M NOT GOING TO SPEAK FOR BRIAN, BUT I'M KNOWLEDGEABLE. I WORK WITH COUNCIL OF WATER WORKS. THEY CONTINUE TO MAKE IMPROVEMENTS IN ORDER TO PRODUCE MORE WATER. AND A LOT OF THAT'S BEING FUNDED BY OUTSIDE SOURCES THAT ARE BENEFITING FROM THAT ADDITIONAL WATER. CORRECT. THAT'S EXACTLY WHAT I'M TRYING TO SAY. BUT THEY ARE IN A PLACE DIFFERENT THAN A LOT OF THE COUNTRY IS THAT BECAUSE THE RIVER IS THE MAIN SOURCE OF WATER, THAT IT'S ALMOST UNLIMITED. AND THEY CAN CONTINUE TO MAKE AND PRODUCE MORE POTABLE WATER, WHICH ALLOWS THEM TO CONTINUE TO INCREASE THEIR CAPACITY AND ULTIMATELY SELL TO CUSTOMERS. WE'RE NOT IN THE SAME POSITION ON THE WASTEWATER SIDE. HOW MUCH WASTEWATER DOES THE DATA CENTER THAT WE HAVE TODAY GIVE TO US? GIVE? HOW MUCH ARE THEY DISCHARGING? I MEAN, WHEN I SAY YEAH, USE, UTILIZE. I DON'T THINK THEY... NO, WAIT, STOP, STOP. BECAUSE WE'RE IN THE MIDDLE OF NEGOTIATIONS, I DON'T... I WAS GOING TO SAY, I DON'T THINK THEY WOULD WANT ME TO SHARE THAT NUMBER. I THINK WE CAN'T MAKE AN EDUCATED DECISION WITHOUT KNOWING THAT, AND WE CAN MAYBE SHARE THAT IN A PRIVATE... WE WILL. ...IN EXECUTIVE SESSION, BUT THAT... YOU SEE WHAT I'M SAYING? LIKE, WE CAN'T... HEY, WE HAVE... THEY'RE GOING TO USE THIS MUCH, BUT WE DON'T KNOW. AND SO WE CAN'T... WE... OKAY, WELL, THEN WE SHOULD GO TO EXECUTIVE AND DISCUSS THOSE BECAUSE HOW CAN WE MAKE AN EDUCATED DECISION ON, HEY, WE DON'T WANT ANY MORE DATA CENTERS, BUT WE DON'T KNOW HOW MUCH WASTEWATER THEY'RE GOING TO GIVE US OR DISCHARGE, AND SO WE DON'T KNOW IF IT'S ACTUALLY GOING TO PUT US OVER THE TILT OR NOT. I MEAN, THAT'S ALL INFORMATION THAT I UNDERSTAND THAT CAN'T BE DISCUSSED PUBLICLY, BUT WE HAVE TO KNOW THAT INFORMATION OR WE CAN'T MAKE DECISIONS. THAT'S THE BEST FOR THE COMMUNITY AS A WHOLE. AND WE CAN'T GO INTO CLOSED SESSION TO DISCUSS THIS. TO DISCUSS THAT, IT'S NOT ONE OF THE ENUMERATED EXCEPTIONS FOR OPEN MEETINGS. BUT IT'S NEGOTIATIONS. IF THERE'S IMMINENT LITIGATION. I GUESS, SURE. HOWEVER, I DON'T WANT TO GO INTO AN EXECUTIVE SESSION IF I CAN'T, BUT THERE'S INFORMATION THAT I CAN'T MAKE AN EDUCATED DECISION. I MEAN, HONEST TO GOD, IT'S CRAZY. I WOULD SAY DATA CENTER OR NO, JUST OUR CONVERSATIONS WHEN WE DID TALK ABOUT THAT. WHAT WAS IT? FOUR YEARS AGO WE MADE THOSE CHANGES. WHEN DID WE RESET THE RATES? THREE AND A HALF? FIVE YEARS. FIVE YEARS AGO WHEN WE DID THAT, WE WERE UP AGAINST IT. AS I RECALL, YOU SAID, CONVEYED TO US THAT WE WERE RUNNING VERY SHY ON CAPACITY, AND THAT'S WHY WE WERE DOING SOME OF WHAT WE WERE DOING TO FREE UP SOME CAPACITY. SO WITH, YES, WE DID MAKE A FIX. WOULD IT? BE FAIR TO SAY THAT WE'RE GETTING CLOSE STILL TO CAPACITY FOR THAT. YEAH, WE'RE NEARING. AND ONE OF THE THINGS I'VE NOTICED IN MORE RECENT YEARS, WHEN A PROJECT, A LARGER PROJECT COMES TO US, THEY HAVE SIGNIFICANT UTILITY NEEDS. AND THE REASON THEY'RE HERE IS BECAUSE THEY FEEL LIKE WE CAN SERVE THOSE NEEDS. AND THEY'VE LOOKED ALL OVER THE COUNTRY OR ALL OVER THE MIDWEST, AND THEY SAID, OH, THEY HAVE SOMETHING THAT WE CAN USE. LET'S GO THERE. SO WHEN WE GET A REQUEST, IT'S NOT FOR 100,000 GALLONS. IT'S FOR A MILLION GALLONS A DAY, TWO MILLION GALLONS A DAY. AND SO IT ONLY TAKES ONE OR TWO BIG PROJECTS, AND WE'RE [01:20:01] AT CAPACITY. SURE. AND THAT'S FOR THE CITY, RIGHT? THAT'S CORRECT. SO THAT'LL STOP OUR GROWTH, THAT'LL STOP OUR DEVELOPMENT OF HOUSING, THAT'LL STOP EVERYTHING. SO WITHOUT SPEAKING IN SPECIFIC NUMBERS, I CAN TELL YOU THAT WE'RE NEARING CAPACITY. CORRECT. LARGER PROJECTS WILL GET US THERE. DO WE HAVE A BECAUSE I SPOKE WITH SOME THIRD PARTIES THE OTHER WAYS BACK ABOUT POSSIBLY FUNDING A STUDY OF THIS AND THEN WAS TOLD BY SOME FOLKS THAT AREN'T HERE ANYMORE THAT WE POSSIBLY HAVE ALREADY DONE A STUDY OR WE HAVE STARTED ONE. DO WE HAVE ANY SORT OF STUDIES? HAVE YOU DONE A STUDY AS A CITY ON ANYTHING TO GET A HANDLE ON WHAT OUR CURRENT SITUATION IS? SO THE STUDY WE'VE COMPLETED WAS A SANITARY SEWER MASTER PLAN, WHICH IS HOW TO BUILD THE COLLECTION SYSTEM AND ULTIMATELY WHAT THE NEEDS ARE TO GROW THE COMMUNITY IN THE NEXT FOUR YEARS. OKAY. THAT RESULTS IN ADDITIONAL CAPACITY NEEDS FOR THE WASTEWATER PLANT, AND WE DID SOME ROUGH PLANNING ON HOW WOULD WE INCREASE THE CAPACITY OF OUR TREATMENT IN ORDER TO SERVE ALL THOSE ADDITIONAL RESIDENTS OR CUSTOMERS. WE DID NOT FIGURE OUT EXACTLY WHAT IT WOULD TAKE TO... BUILD A NEW FACILITY OR UPGRADE OUR FACILITY TO MEET THOSE NEEDS. THAT'S A SEPARATE STUDY THAT'S MORE DETAILED, SPECIFIC TO WASTEWATER TREATMENT. AND THAT WOULD BE ONE OF THE ITEMS WITH THIS MORATORIUM. I THINK I'VE SHARED WITH THE GROUP BEFORE, BUT I'LL TELL YOU AGAIN. ONE OF THE CHALLENGES WE HAVE IS THAT NEW REGULATIONS FROM THE STATE OF IOWA, ULTIMATELY PUSHED FROM THE EPA, ARE THAT WE NEED TO DO A DIFFERENT TYPE OF TREATMENT AT OUR FACILITY IN ORDER TO REDUCE. NITROGEN AND PHOSPHORUS THAT WE DISCHARGE INTO THE RIVER AFTER OUR TREATMENT. IN ORDER TO DO THAT, ESSENTIALLY OUR TREATMENT CHANGES, WHICH MEANS ALMOST A NEW FACILITY FROM THE PLANT WE HAVE. HAVE I BEEN INFORMED CORRECTLY THAT THE PROCESS BY WHICH WE DO CLEAN OUR SEWAGE IS NOT SOMETHING THAT IS ANY LONGER USED ANYWHERE ELSE? IT'S A GRANDFATHERED PROCESS? I WOULD SAY THAT'S NOT ACCURATE. NOT QUITE ACCURATE, OKAY. WHAT WE DO IS VERY RELIABLE. IT'S THE 1970S. WE'RE STILL MEETING ALL OUR PERMIT NEEDS OR PERMIT REQUIREMENTS WITH NO VIOLATIONS. SO WE'RE DOING OUR JOB THE WAY WE'RE SUPPOSED TO DO IT WITH PROVEN TECHNOLOGY THAT WORKS. IT DOESN'T MEET THE NUMBERS THAT ARE NOW IN REGULATION FOR NITROGEN PHOSPHORUS. I WILL TELL YOU THAT NO MATTER WHAT WE DO, IT'S NOT GOING TO MAKE IT IN. IT'S IN THE MISSOURI RIVER. WHEN I SAY WE, I MEAN MUNICIPALITY, NOT JUST COUNCIL. YOU'RE TALKING ABOUT RUSH SEWER? YES. WE'RE DROPPING THE BUCKET, LITERALLY. BUT THAT'S WHAT THE REGULATIONS ARE. SO WHAT THAT MEANS TO COUNCIL BLUFFS IS A FUTURE INVESTMENT OF $200 OR $300 MILLION. I GUESS A BIG PROJECT VERSUS 200 HOMES. WHAT'S THE DIFFERENCE, RIGHT? BECAUSE WE WANT TO GROW THE... HUGE DIFFERENCE. WE COULD PROBABLY TAKE 4,000 HOMES AS COMPARED TO ONE LARGE PROJECT. THAT'S KIND OF... NO, I KNOW IT'S A HUGE DIFFERENCE. THAT'S WHAT I WAS JUST TRYING TO UNDERSTAND. BECAUSE IF WE GET 4,000 MORE HOMES AND ONE NEW PROJECT, RIGHT? WHICH WOULD YOU CHOOSE, RIGHT? I'D CHOOSE A NEW WASTEWATER TREATMENT PLANT. IF YOU COULD ONLY HAVE ONE, WHICH DO YOU CHOOSE? BUT YOU DO REALIZE THEY ALL TALK TO EACH OTHER, RIGHT? ALL DEVELOPERS. ACROSS THE INDUSTRIES WILL TALK TO EACH OTHER. AND WHEN WE PUT THE HOLD ON, THE STOP ON, THAT'S THE MESSAGE THAT THEY WILL ALL GET. AND I'VE GOT A LOT OF NOTES, AND I'LL GO THROUGH IT NOW. I APOLOGIZE BECAUSE I WENT THROUGH THIS A LOT. AGAIN, I WOULD AGREE WITH ROGER. I'M NOT LOOKING FOR IT, BUT WE'VE HAD GOOD DISCUSSION, SO THAT'S GREAT. DO YOU HAVE OTHER QUESTIONS? I DON'T HAVE ANYTHING ELSE FOR YOU UNLESS YOU HAD SOMETHING ELSE TO SAY. NO. SO I APPRECIATE IT. UNLESS THERE'S ANOTHER QUESTION THAT COMES UP. DOES COUNCIL WANT TO GIVE THEM ANY OTHER STAFF THAT'S HERE? OR STAFF, ANYBODY HAVE A COMMENT THAT THEY WOULD LIKE TO MAKE? BUILDING. WE COULD STOP IT LIKE AT THE PERMIT PROCESS OR SOMETHING, AND WE COULD JUST PUT IT ON HOLD AT THAT POINT. WE CANNOT DO THAT. IF SOMEBODY SUBMITS PLANS AND IT MEETS ALL THEIR OTHER DIVISIONS AND EVERYTHING ELSE. WE CAN'T JUST SIT ON A SET OF PLANS AND NOT ISSUE THOSE PLANS AS LONG AS EVERYTHING MEETS THAT MINIMUM. BUT IF IT CAUSES AN UNDUE HARDSHIP ON A NEIGHBOR OR A LOCATION? YEAH, SO IF THERE'S NOTHING LIKE THAT, THEN THE PERMIT [01:25:04] WOULD BE ISSUED AND WE COULD MOVE FORWARD WITH IT. AND AS FAR AS US, STAFFING BECOMES AN ISSUE. WITH LARGER PROJECTS, PEOPLE ARE DOWN THERE. WORKING A SITE THEN THAT BECOMES A NEW SHIFTS OR THREE SHIFTS, SO YOU MAY HAVE PEOPLE WORKING AT STAFFS AREN'T THEY PAYING FOR THEIR OWN INSPECTIONS? WE SHOULD REQUIRE THAT. YEAH, SO THAT SHOULD BE PART OF THE NEGOTIATIONS TOO YEP, SO BECAUSE I AGREE. DEPENDS ON THE SITE SIZE AND EVERYTHING ELSE. YEAH, IT BECOMES WE STRETCH AS MUCH AS WE CAN YOU KNOW WE DON'T WANT TO ADD STAFF IF WE DON'T HAVE TO BUT AT A CERTAIN POINT WE NEED TO YOU KNOW SEE WHAT WE CAN DO AND THEN MAKE SURE THAT THE PERSON OR THE CLIENT THAT'S COMING IN IS TO DO THAT BECAUSE WE CURRENTLY DO THAT ON WHAT WE SHOULD YEAH I MEAN YOU KNOW THANK YOU. I THINK EVERYBODY SPOKE A LITTLE BIT HERE. WE ALL KIND OF AGREE WE PROBABLY DO NEED SOME ADDITIONAL STUDIES ON SOME OF THESE THINGS, ESPECIALLY WHEN WE'RE AT THE CAPACITY THAT WE'RE AT THAT MATT WAS TALKING ABOUT. AND SO I WOULD AGREE WITH THAT AS WELL. WE DO NEED TO LOOK AT THESE THINGS. JILL SAID IT. MAYBE SHE LOOKED AT MY NOTES, BUT WE CAN WALK AND CHEW GUM AT THE SAME TIME. IN MY MIND, WE'VE GOT GOOD PEOPLE. WE'VE GOT GOOD STAFF. THEY'RE CAPABLE OF DOING THESE THINGS. I'M NOT SURE THE MORATORIUM IS THE DIRECTION TO GO BECAUSE I DO THINK WE CAN GET THESE ACCOMPLISHED WITHOUT THAT. WE NEED DEVELOPMENT IN OUR COMMUNITY. IF WE'RE GOING TO GROW, AND WE HEARD IT TONIGHT FROM ONE OF THE DEVELOPERS, RIGHT? WE HAVEN'T GROWN SINCE 1970, AND WE NEED THAT DEVELOPMENT. I'M NOT SURE HOW MANY OF US HERE HAVE SAT IN A MEETING WITH A DEVELOPER BEFORE. LIKE I SAID, THEY WILL ALL TALK TO EACH OTHER ACROSS THE INDUSTRY. IT DOESN'T MATTER. THE MESSAGE THAT WE WOULD SEND BY THE MORATORIUM, LIKE I SAID, WE CAN TALK LEGALLY. IT'S A MORATORIUM. THAT'S A LEGAL TERM. OKAY. THEY SEE STOP. THEY SEE A RED STOP SIGN AND SAY, THAT'S WHAT WE'RE GOING TO DO. AND I'M NOT SURE THAT'S THE MESSAGE AS A COMMUNITY THAT WE WOULD WANT TO SEND RIGHT NOW, THAT WE'RE NOT OPEN FOR BUSINESS. THE MESSAGE I WANT TO SEND IS, WE'RE OPEN FOR EVERY BUSINESS THAT WANTS TO COME IN HERE AND LOOK. WE'LL DECIDE WHETHER IT MAKES SENSE THROUGH WHAT WE ALREADY HAVE IN PLACE, AND WE MAY HAVE TO MAKE SOME ADJUSTMENTS. WE'VE ALREADY TALKED ABOUT THAT. I THINK WE CAN CERTAINLY DO THAT. BUT FROM MY PAST EXPERIENCE IN WORKING WITH DEVELOPERS AND BEING IN THESE MEETINGS, THEY DO TALK TO EACH OTHER. A HOUSING DEVELOPER, BUSINESS DEVELOPER, COMMERCIAL DEVELOPER, DATA CENTER DEVELOPER, IT DOESN'T MATTER. THIS IS GOING TO IMPACT ALL TYPES OF DEVELOPMENT WITHIN OUR CITY. AND WHETHER WE LIKE IT OR NOT, THEY'RE GOING TO SEE IT AS US NOT BEING WILLING TO WORK WITH THEM. THAT'S NOT THE MESSAGE I WANT TO SEND. AGAIN, WE KIND OF TALKED ABOUT CONTROL. I'VE FELT THROUGH MY 20 YEARS OF PLANNING, WE DO KIND OF CONTROL WHAT'S BUILT AND WHAT'S NOT. I'VE SEEN IT HAPPEN. I'VE SEEN PROJECTS NOT GET THE APPROVAL FOR WHATEVER REASON. AND WE KIND OF WENT THROUGH THAT TONIGHT, AND I GET THERE'S SOME TECHNICALITIES THAT GO INTO THOSE TYPES OF THINGS. BUT I DO BELIEVE WE CAN MAKE THE CHANGES, KIND OF LIKE WHAT JOE WAS TALKING ABOUT. IF WE HAVE TO MAKE SOME ADJUSTMENTS TO WHERE WE HAVE A LITTLE BIT MORE CONTROL BEFORE WE GET TO THE NEXT POINT. AGAIN, WE DO ASK ALL THE DEPARTMENTS OUTSIDE UTILITIES TO SUBMIT THEIR INFORMATION, WHETHER IT FITS OR WHETHER IT DOESN'T. IF SOMETHING DOESN'T WORK WITH A NEW DEVELOPMENT OR A BUILDING, WE CAN CONTROL THAT. AND MAYBE WE WORK WITH THEM. AND I LOVE JOE'S TERM EARLIER. HE TALKED ABOUT BEING A PARTNER, AND I'M GOING TO TALK ABOUT THAT IN A LITTLE BIT. THE MORATORIUM OR THE MESSAGE THAT WE'D BE SENDING WITH THAT IS THAT WE'RE NOT OPEN FOR BUSINESS RIGHT NOW. AND I DON'T THINK, AGAIN, THAT'S WHERE WE NEED TO GO. WE DO HAVE A PROCESS IN PLACE TO ALLOW THINGS THAT WORK AND TO NOT ALLOW THINGS THAT WILL BE A DETRIMENT. IF WE NEED TO AMEND THE CODE, WE CAN DISCUSS IT. I THINK ROGER TALKED ABOUT THAT. DO WE NEED A CONDITIONAL USE PERMIT? THAT MIGHT BE SOMETHING THAT WE HAVE TO CHANGE. [01:30:01] WE COULD GIVE US, THAT WOULD GIVE US SOME ADDITIONAL CONTROL IF WE REALLY FEEL THAT WE NEED IT. SETBACKS. WE TALK ABOUT THAT IN THE CODE. DO WE NEED TO HAVE DIFFERENT SETBACKS IF IT'S GOING TO A DIFFERENT LOCATION? ALL OF THOSE THINGS CAN BE DONE WITHOUT STOPPING DEVELOPMENT. I DID ASK THE QUESTION TO TONY, THE THINGS THAT I'VE SEEN DOING THE RESEARCH, A LOT OF THESE COMPANIES, AGAIN, THEY HAVE EXTREMELY LARGE DOLLAR AMOUNTS FOR TEAMS OF LAWYERS, RIGHT? THEY WANT TO BE IN A CERTAIN LOCATION FOR A CERTAIN REASON. THEY WILL TAKE THAT. TOWNSHIP OR THAT CITY OR WHATEVER IT MIGHT BE, THE COUNTY TO COURT. IS THAT THE FIGHT WE WANT TO GET INTO? DO WE WANT TO SPEND THE MONEY ON THAT BY SAYING, WELL, WE PUT IN A MORATORIUM AND THEN NEXT THING WE KNOW, WE GOT TO DEFEND OURSELVES IN A LAWSUIT BECAUSE THEY CAN. I'M NOT SURE THAT'S A GREAT USE OF FUNDS WHEN WE START TALKING ABOUT IT. THEY ARE DOING THAT IN OTHER LOCATIONS NOW. SO WE NEED TO BE AWARE OF THAT. AND AGAIN, JOE TALKED ABOUT BEING A PARTNER. IN MY MIND, THESE DATA ARE GREAT PARTNERS FOR US TO LOOK AT. IF WE NEEDED SOMETHING DONE, I HATE TO SAY IT THIS WAY, BUT... THEY'D BE A GREAT PARTNER TO HELP WITH INFRASTRUCTURE COSTS OR THINGS THAT AREN'T FEASIBLE AND RAISE THE PRICE FOR EVERYBODY ELSE RIGHT NOW. THEY HAVE MORE MONEY THAN MOST OF THE OTHER COMPANIES DO OUT THERE. THAT'S PART OF THE PROCESS. ROGER KOPP TALKED ABOUT IT DURING THE NEGOTIATION PROCESS. WE'D LOVE TO HAVE THAT HAPPEN, BUT GUESS WHAT? WE'D BE OVER OUR CAPACITY WASTEWATER-WISE. YOU KNOW WHAT? BUT IF YOU WANTED TO HELP PUT THE BILL FOR A WASTEWATER TREATMENT PLANT, WE MIGHT BE ABLE TO HELP THAT. AND THEN GUESS WHAT? NOW ALL THE CITIZENS AND THE OTHER COMPANIES CAN TAP ONTO THAT AS WELL AND GET THE BENEFIT OF IT. OF ALL THE COMPANIES THAT ARE OUT THERE THAT COULD HELP DO THAT, THESE ARE THOSE COMPANIES, RIGHT? I'M NOT SURE I COULD GO TO MANY OTHER COMPANIES IN THE WORLD AND SAY, CAN YOU HELP PUT IN A WASTEWATER TREATMENT PLANT? THEY DON'T HAVE THE MONEY. THESE GUYS DO. SO AS WE LOOK AT THIS AND WE'RE SAYING, HEY. YOU KNOW, WHO WOULD BE WILLING TO DO THIS? WHO WOULD BE A GOOD PARTNER TO DO THIS? THESE ARE OUR LARGEST TAXPAYERS IN OUR CITY. THEY'RE OUR BIGGEST CUSTOMERS IN A LOT OF WAYS. THEY ARE OUR BIGGEST CUSTOMER WHEN WE DO THIS. AND WE NEED TO SEE THEM AS A PARTNER, IN MY MIND, AND NOT BE CREATING ISSUES. AGAIN, THESE ARE NOT DUMB PEOPLE. THEY DIDN'T GET TO WHERE THEY ARE BECAUSE THEY'RE AND THEY HAVE TEAMS OF PEOPLE THAT STUDY THINGS THAT WE DON'T EVEN HAVE ENOUGH TIME TO THINK ABOUT. BUT IN MY MIND, WE NEED TO WORK WITH THESE FOLKS AND NOT ALIENATE THEM INTO THINKING THAT WE'RE NOT WILLING TO WORK. OTHERWISE, IT'LL BE A CONTENTIOUS RELATIONSHIP GOING FORWARD ALL THE TIME. AND THAT'S NOT HOW YOU CREATE BUSINESS. THAT'S NOT HOW YOU GET THINGS MOVED FORWARD. YOU WORK AS A PARTNER. AND SO FROM A MORATORIUM STANDPOINT, I COMPLETELY UNDERSTAND THE PAUSE IN SAYING, OKAY, WE'D LIKE TO DO SOME THINGS MAYBE A LITTLE BIT DIFFERENTLY. BUT I ALSO UNDERSTAND FROM THE OPPOSITE SIDE, BEING WITH DEVELOPERS, HOW THEY'RE GOING TO SEE IT. AND THEY WILL NOT SEE IT AS A POSITIVE. AND THAT IS THE LAST THING I THINK THAT WE NEED AS A COMMUNITY. WE NEED GROWTH. WE NEED BUSINESS. ECONOMIC DEVELOPMENT, HOUSING DEVELOPMENT, BUSINESSES COMING TO TOWN, THAT'S WHERE WE'VE GOT TO START FOCUSING OUR TIME. THIS WILL SEND THAT MESSAGE THAT WE ARE STILL WILLING TO LOOK AT IT. IT MAY NOT WORK. I TOTALLY UNDERSTAND THAT. AND WE MAY HAVE TO GO BACK TO THEM AND SAY, I'M SORRY, THIS DOESN'T WORK RIGHT NOW. WE CAN GET THERE, BUT I JUST AM AFRAID THAT IF WE GO THAT ROUTE WITH THAT MESSAGE, WE'RE GOING TO KILL A LOT. ANYONE ELSE ON THE COUNCIL WISH TO MAKE A COMMENT BEFORE MOVING FORWARD? I KNOW THAT WE VALUE OUR STAFF AND SO I APPRECIATE YOU GUYS FOR COMING UP HERE AND LETTING YOUR OPINIONS BE HEARD YOU KNOW, I THINK I WOULD BE REMISS IF I JUST DIDN'T SAY ONE MORE TIME, OUR STAFF HAS ASKED FOR THIS PAUSE IN THE PAST. THEY ASKED FOR IT AGAIN TODAY. I THINK THAT THERE ARE GREAT CONVERSATIONS THAT WAS HAD AND SOME GREAT IDEAS. AND I THINK THAT IN THE PAST, [01:35:01] WE HAVE NOT TAKEN THE ACTION ON THOSE IDEAS. AND SO THIS PAUSE ALLOWS US, ROGER, I HEARD YOU SAY TWO DIFFERENT THINGS THAT LIKE, HEY, WE NEED TO ADD THIS TO THIS. AND WE NEED, LIKE... THESE ARE THE CONVERSATIONS THAT WE NEED TO HAVE BEFORE THE NEXT PERSON COMES INTO TOWN. AND THESE ARE THE PARAMETERS THAT NEED TO BE SET BEFORE THE NEXT PROJECT COMES IN. AND THAT'S WHAT THIS PAUSE WOULD OCCUR. AS TONY MENTIONED, THIS PAUSE CAN BE LIFTED AT ANY POINT IN TIME, BUT IT GIVES US AN OPPORTUNITY TO HAVE THE DISCUSSION AND TO SET THE PARAMETERS BEFORE THE NEXT DEAL COMES TO TOWN. AND SO IT COULD BE LIFTED AT ANY POINT IN TIME. WOULD WE BE BENEFICIAL, AND THIS KEEPS POPPING INTO MY HEAD, TO MAYBE FORM SOME SORT OF, FOR LACK OF A BETTER TERM, SUBCOMMITTEE? WE COULD HAVE, YEP, AND THAT WOULD BE PART OF... I JUST MEAN, LIKE, IN GENERAL. I MEAN, NOT NECESSARILY PURSUANT TO THE MORATORIUM, BUT MAYBE WE MAKE IT, MAYBE THE THING WE DO IS WE MAKE A SUBCOMMITTEE TO KIND OF HEAD UP SOME OF THIS STUFF, AND WE DO A COMBINATION OF... AGAIN, WE'RE THINKING ON THIS. I THINK THE COUNCIL, I DON'T KNOW. CAN THE COUNCIL MAKE A SUBCOMMITTEE? YES, BUT IT'S SUBJECT TO OPEN MEETINGS LAWS. NOT IF THE COUNCIL'S NOT ON IT. LIKE IF THERE'S ONE OR TWO, THEN... IF IT'S DIRECTLY AND FORMALLY CREATED BY COUNCIL, THEN YES. SO WE DIRECT A 2050 PLAN, AND NONE OF THOSE ARE, LIKE, THEY HAVE MEETINGS IN PRIVATE ALL THE TIME. THEY HAVE PUBLIC MEETINGS ALSO, BUT THEY'RE NOT ALL PUBLIC. SO, I MEAN, THAT DON'T MAKE NO SENSE. SURE. I MEAN, IT IS NUANCED. SO IF YOU DIRECTLY AND FORMALLY CREATE A BODY, A SUBCOMMITTEE SPECIFIC TO A PURPOSE, THAT IS SLIGHTLY DIFFERENT THAN, YOU KNOW, YOU'VE DIRECTED A PLAN. TO OCCUR AND THE MAYOR CAN DIRECT HER STAFF HOW TO CARRY THAT OUT. THAT'S DIFFERENT. YOU HAVEN'T LIKE CREATED A SPECIFIC SUBCOMMITTEE FORMALLY DESIGNED BY YOU AS A BODY. SO IT'S SLIGHTLY DIFFERENT. OKAY. I MEAN, EVERY DEPARTMENT HEAD IS GOING TO HAVE WHAT THEY THINK SHOULD BE IN PART OF THE NEGOTIATION. YOU START AS LIKE, HEY, WHAT DO YOU WANT? AND THEN. PLANNING COMMISSION OR WE CHANGE OUR ZONING PLAN AND WE DO NEED TO START. THAT'S WHAT WE GOT OUT TODAY. I THINK I APPRECIATE THAT MUCH ANY OTHER DISCUSSION? ALL RIGHT. IS THERE A MOTION? IS THERE A MOTION? SECOND. ANY FURTHER DISCUSSION? WE'VE ALL KIND OF SEEN CASES. I DO THINK IT'S GOOD TO HAVE THESE CONVERSATIONS. AGREE ON HOW THIS YET AGAIN PERHAPS UH IF WE DO CREATE IT AGAIN I DON'T FOCUS ON THESE SOME OF THESE IDEAS TODAY IT JUST POPPED INTO MY HEAD SOMETHING WE COULD BRING OUR FUTURE TO SOME. I'VE KIND OF GOT SOME NOTES I KNOW MYSELF. A PLAN OF ACTION, I GUESS. SOME THINGS I'D LIKE TO SEE DONE. SOME STEPS THAT WE NEED, I FEEL WE NEED TO DO AS A CITY. BUT AGAIN, I DON'T KNOW THAT I FEEL THIS EXACT. MAYBE CORRECT ME IF I'M WRONG. IF WE DO THE SUBCOMMITTEE, IT FALLS TO JILL. CORRECT. TO THE MAYOR. IF THE MAYOR DIRECTS THEM AND SAYS, LOOK, IT'S OBVIOUS COUNCIL IS SAYING, HEY, WE NEED TO LOOK INTO THIS AND FIGURE OUT WHAT THE BEST ROUTE IS. WE NEED TO DO ZONING OR IF WE NEED TO DO THAT, SHE COULD DIRECT HER DEPARTMENT HEADS TO LOOK INTO THAT. AM I CORRECT? CORRECT. OK. YEAH. I JUST WANT TO SAY, I GUESS WHEN. AND I'VE SAID THIS A LOT OF TIMES IN THE 11 YEARS I'VE BEEN SITTING HERE. WHEN THE COUNCIL, AND I'VE BEEN SITTING HERE WITH A LOT OF DIFFERENT PEOPLE, AND A LOT [01:40:01] OF DIFFERENT COMMUNITY MEMBERS, ONLY THE SECOND MAYOR, BUT A LOT OF DIFFERENT COUNCIL MEMBERS, A DIFFERENT CITY CLERK, EVERYBODY SITTING UP HERE DOES WHAT THEY THINK IS RIGHT FOR COUNCIL BLUFFS, AND WHAT THEY, WELL, WE ALL THINK, WE ALL WANT WHAT'S BEST FOR COUNCIL BLUFFS, WE'RE ALL... SIX OF US ARE ELECTED. WE SIT HERE. WE DO WHAT WE THINK IS RIGHT. WE MIGHT NOT ALWAYS AGREE ON THE PATH TO GET THERE, BUT EVERYBODY, I THINK, HAS GOOD INTENTIONS. SO I'VE SAID THAT NUMEROUS TIMES IN MY 11 YEARS. SO I ALWAYS SAY THAT WHEN THERE'S THINGS THAT BECAUSE WE ALL HAVE DISAGREEMENTS, AND WE ALL THINK VERY DIFFERENTLY. WE HAVE DIFFERENT LIFE EXPERIENCES, DIFFERENT GROUPS OF PEOPLE WE TALK TO IN THE COMMUNITY AND THINGS LIKE THAT. I MEAN, WE JUST SAW IT IN THE LAST TWO MONTHS, TWO DIFFERENT THINGS COME UP. SO I JUST I LIKE TO SAY THAT WHEN DIVIDED BECAUSE 97% PROBABLY OF THINGS COME UP TO US TYPICALLY PASS BUT IN THE OTHER DISCUSSION ALL THOSE IN FAVOR HI OPPOSED MOTION CARRIES THE MOTIONS AND I YEAH [6) EXECUTIVE SESSION (Closed Session)] MOTION TO GO TO EXECUTIVE. SECOND. DO WE HAVE? EXECUTIVE. YEP. SOMEBODY, YOU SECOND? DOUG'S SECONDING, YEAH. CORRECT. AYE. STEVE GORMAN. AYE. DOUG RUE. AYE. ROGER SANDOW. AYE. COLE BUTTON. AYE. * This transcript was compiled from uncorrected Closed Captioning.