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WE'RE GONNA GO AHEAD AND GET GOING. UM, FIRST UP, WE HAVE CHRIS AND TEAM, UM, TO PRESENT TO THE CITY COUNCIL. SO, UM, ABOUT 60 DAYS AGO, UM, IT WAS REQUEST FROM, UH, COUNCILMEMBER BUTTON AND THE REST OF THE COUNCIL, UM, TO LOOK AT WHAT OTHER COMMUNITIES ARE DOING IN TERMS OF DATA CENTER. UM, WE ASKED FOR 90 DAYS. UH, CHRIS AND TEAM WAS ABLE TO GET THAT COMPLETED 30 DAYS AHEAD OF SCHEDULE, SO THEY'VE BEEN HARD AT WORK, UM, GETTING ALL OF THAT INFORMATION TOGETHER, AND CHRIS IS HERE TO PRESENT.
THANK YOU, UM, MAYOR AND COUNCIL. SO HAPPY TO REPORT BACK TO YOU WITHIN 60 DAYS FROM THE DATE OF THE ADOPTION OF THE RESOLUTION ON OUR DATA CENTER RESEARCH.
UH, MYSELF AND THE PLANNING TEAM COMPRISED OF MOISES MONROY, NAHAJI KEBBE, AND ALSO A SUMMER INTERN, UM, ATTICUS WALKER ALL CONTRIBUTED TO THE RESEARCH. AND ESSENTIALLY WHAT WE DID IS WE LOOKED AT ALL OF THE COMMUNITIES IN IOWA AND NEBRASKA WHO HAVE DATA CENTERS AND ADOPTED ORDINANCES. AND THEN WE LOOKED AT, UH, SOME OF THE OTHER COMMUNITIES THROUGHOUT THE NATION THAT HAVE A HIGH CONCENTRATION DATA CENTERS, WHICH WOULD BE LIKE LOUDOUN COUNTY, UH, FAIRFAX, VIRGINIA, WHICH IS ALMOST KNOWN AS THE NATION'S CAPITAL FOR DATA CENTERS. AND SO IN THE RESOLUTION THAT WAS PASSED BY COUNCIL, THERE'S SEVERAL THINGS THAT YOU ASKED FOR US TO LOOK AT, ONE BEING WHAT IS THE DEFINITION OF A DATA CENTER, UM, THE APPROVAL PROCESS FOR A DATA CENTER? ARE THESE USES ALLOWED BY RIGHT? ARE THEY REQUIRING ANY SPECIAL BOARD OR COUNCIL APPROVALS? UH, ARE THERE ANY SPECIFIC ZONING DESIGNATIONS OR OVERLAYS REQUIRED FOR DATA CENTERS? UM, ARE THERE SETBACK REGULATIONS, SEPARATION DISTANCES FROM CHURCHES, SCHOOL, PLAYGROUNDS, RESIDENTIAL USES, UM, AND THEN ARE THERE ANY SORT OF SPECIAL STUDIES REQUIRED FOR NOISE, ENVIRONMENTAL IMPACTS, WATER USAGE, SANITARY SEWER, OR OTHERS? UH, AND THEN ALSO PART OF IT WAS A REQUEST FROM MAYOR TO MAKE SURE THAT WE LOOKED INTO THE DECOMMISSIONING PLAN, AS UH, THAT SEEMS BECOMING FAIRLY COMMON UH, WITH DATA CENTERS AND COMMUNITIES. AND SO I'LL GET YOU STARTED HERE FIRST, JUST KIND OF GIVE YOU AN OVERVIEW OF HOW THE CITY CURRENTLY REGULATES DATA CENTERS, AND THEN I'M GOING TO TURN IT OVER TO MOISES AND LET HIM KIND OF WALK THROUGH THE RESEARCH, AND THEN I'LL TAKE IT BACK AND GO OVER THE RECOMMENDATIONS.
SO RIGHT NOW, THE WAY YOUR ZONING ORDINANCE IS SET UP IS IT DEFINES A DATA CENTER AS A FACILITY OR FACILITIES THAT HOUSE DIGITAL ELECTRONIC EQUIPMENT FOR INTERNET HOSTING, ELECTRONIC DATA STORAGE AND TRANSFER, CREDIT CARD FINANCIAL TRANSACTION PROCESSING, TELECOMMUNICATIONS, AND OTHER ACTIVITIES THAT SUPPORT ELECTRONIC INFORMATION-BASED ECONOMY. SO THAT'S A FAIRLY BROAD DEFINITION THAT WE HAVE IN OUR ORDINANCE AS IT PERTAINS TO DATA CENTERS TODAY. UH, AND THEN AS FAR AS WHERE THEY'RE ALLOWED IN OUR COMMUNITY, RIGHT NOW WE ALLOW THEM IN THE I2 DISTRICT, UH, WHICH IS YOUR GENERAL INDUSTRIAL DISTRICT, AND IN THE PI, WHICH IS YOUR PLANNED INDUSTRIAL DISTRICT, AND THAT IS SUBJECT TO THE UNDERLYING ZONING REQUIREMENTS OF EACH ONE OF THOSE SPECIFIC DISTRICTS.
SO THE PI, UH, BEING A PLANNED INDUSTRIAL, THAT ALLOWS FOR USES TO GO AT A SPECIFIC LOCATION WITH THE ADOPTION OF A DEVELOPMENT PLAN, AND THAT DEVELOPMENT PLAN WOULD COVER, UH, CIVIL, STORMWATER, UTILITY INSTALLATION, GRADING, BUILDING ARCHITECTURE, LANDSCAPING, HEIGHTS. IT REALLY IS A VERY KIND OF BROAD-BASED APPROACH TO LOOKING AT A PARTICULAR USE AND ALLOWS FOR THE CITY AND A DEVELOPER TO KIND OF NEGOTIATE A MASTER PLAN FOR HOW THAT SITE GETS LAID OUT AND DEVELOPED, AND THAT'S ONLY ALLOWED RIGHT NOW IN THE PI DISTRICT, UM, FOR DATA CENTERS. AND THEN FOR THE I2 DISTRICT, WE ALLOW THEM, UH, WITH A CONDITIONAL USE PERMIT FROM THE ZONING BOARD OF ADJUSTMENT. SO IT'S NOT A USE THAT'S JUST ALLOWED THERE BY RIGHT. YOU'D HAVE TO GET A CONDITIONAL USE PERMIT, UH, FROM THE ZONING BOARD OF ADJUSTMENT. AND SO, UM, WITH THAT BEING SAID, THERE WOULD BE A CONDITIONAL USE PERMIT REQUIRED, UM, FOR THE I2 DISTRICT. SO I'M GOING TO TURN OVER TO MOISES, LET HIM KIND OF WALK THROUGH THE DIFFERENT COMMUNITIES THAT WE LOOKED AT, AND THEN I'LL TAKE IT BACK OVER, UM, TALK ABOUT MAYBE SOME PROPOSED RECOMMENDATIONS, UH, IF COUNCIL WANTS TO MOVE FORWARD WITH A ZONING TEXT AMENDMENT.
SO, THERE YOU GO, SIR. THANK YOU. UH, YEAH, FOR THOSE WHO DON'T KNOW ME, I'M MOISES MONROY. I'M A PLANNER WITH THE COMMUNITY DEVELOPMENT DEPARTMENT, AND I'LL PROVIDE A SUMMARY OF, OF THE RESEARCH THAT WE CONDUCTED.
SO JUST TO START OFF WITH, WE LOOKED AT, JUST PROVIDE SOME, UM, BACKGROUND ON THE METHOLOG- METHODOLOGY THAT WE USE. SO TYPICALLY WE, WHEN WE CONDUCT OUR RESEARCH ON, UM, IN REGARDS TO ZONING, UH, UH, IN OTHER COMMUNITIES, WE LOOK, TYPICALLY WE LOOK AT OTHER MAJOR CITIES IN IOWA, AND WE ALSO LOOK AT, UH, KIND OF THE METRO AREA, SO OMAHA, PAPILLION, BELLEVUE, AND THOSE OTHER COMMUNITIES IN THAT AREA. BUT AS KIND OF THIS TABLE, UH, SUMMARIZES, UH, MANY OF THOSE COMMUNITIES THAT ARE IN A SIMILAR POSITION AS COUNCIL BLUFFS, IN WHICH THEY DON'T HAVE, UM, THEY HAVEN'T ADOPTED ANY SPECIFIC REGULATIONS IN REGARDS TO DATA CENTERS, JUST LIKE COUNCIL BLUFFS. SO WE, AS CHRIS ALLUDED TO, WE LOOKED AT OTHER COMMUNITIES IN WHICH, UH, DATA CENTERS ARE PROMINENT. SO
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AGAIN, THOSE 3, UH, VIRGINIA COMMUNITIES, AS WELL AS SOME, UH, COMMUNITIES, UH, HERE IN IOWA. WE LOOKED AT LINN COUNTY, WHICH IS WHERE, UH, CEDAR RAPIDS IS LOCATED, THE COUNTY WHERE CEDAR RAPIDS IS LOCATED. UH, PALO, WHICH IS A CITY THAT'S, UH, NEARBY CEDAR RAPIDS. UH, ALLAMAKEE COUNTY IS A COUNTY THAT'S ALL THE WAY ON THE NORTHEAST OF THE STATE, AND THEN CLINTON COUNTY, WHICH IS, UH, NEARBY DAVENPORT. SO WE LOOKED AT THESE DIFFERENT COMMUNITIES BECAUSE THEY HAVE BEEN ABLE TO, THEY HAVE ADOPTED, UH, UH, AGAIN, REGULATIONS THAT ARE SPECIFIC TO DATA CENTERS, AND THAT'S KIND OF WHAT THE SUMMARY OF THIS RESEARCH IS. SO WE STARTED LOOKING AT THE DEFINITION, AND UH, THE DEFINITION KIND OF VARIES SLIGHTLY THROUGHOUT COMMUNITIES, BUT F- BUT IN UH, IN GENERAL, IT'S UH, IT REFERS TO A FACILITY THAT YOU- THAT'S USED FOR THE STORAGE, UH, MANAGEMENT, PROCESSING, AND TRANSMISSION OF DIGITAL DATA. SO IT'S A PRETTY STANDARD, UH, UH, UH, SUMMARIZES WELL WHAT A DATA CENTER IS. UH, BUT WHAT WE FOUND, WHAT WE FOUND, UH, MORE, UH, PARTICULARLY INTERESTING IS THAT SOME OF THESE COMMUNITIES, UH, ALSO HAVE DISTINCTIONS ON DATA CENTERS BASED ON THE SCALE OF THE FACILITY, OF THE FACILITY ITSELF. UM, IN DES MOINES, UH, THAT DISTINCTION IS BASED ON THE, UH, ON THE SIZE, THE ACTUAL SIZE OF THE FACILITIES BASED ON THE FLOOR AREA. IN LINN COUNTY AND IN ALLAMAKEE COUNTY, THAT DISTINCTION IS BASED ON, ON POWER CAPACITY.SO, UH, THE SCALE OF THE DATA CENTER DOES HAVE IMPLICATIONS ON RE- IN REGARDS TO THE REGULATORY PROCESSES THAT IT HAS TO GO THROUGH, WHICH ZONING DISTRICTS ALLOW IT, AS WELL AS SEPARATION DISTANCES THAT APPLY TO THOSE DATA CENTERS. SO, UH, THERE IS A ACTUAL REAL LIFE IMPLICATION ON, ON HAVING THAT DISTINCTION.
UH, IN REGARDS TO ZONING APPROVAL PROCESSES, FOR THE MOST PART, DATA CENTERS ARE ALLOWED OR LIMITED TO INDUSTRIAL ZONING DISTRICTS.
UH, SOME COMMUNITIES MAY ALLOW IT IN COMMERCIAL AREAS, BUT THERE IS UNDER CERTAIN SPECIAL CIRCUMSTANCES, SO IT IS PRIMARILY LIMITED TO INDUSTRIAL. IN OTHER, UH, MAJOR IOWA CITIES, THEY'RE PRIMARILY ALLOWED BY RIGHT. UH, IN OTHER COMMUNITIES, THEY MAY REQUIRE THE ISSUANCE OF A CONDITIONAL USE PERMIT OR SOME TYPE OF SPECIAL USE PERMIT.
UH, THREE OTHER COMMUNITIES, WHICH WOULD BE PALO, UH, LINN COUNTY, AND INDIANAPOLIS, INDIANA, UH, THOSE, UH, COMMUNITIES HAVE CREATED, UH, BRAND NEW ZONING DISTRICTS THAT ARE DEDICATED EXCLUSIVELY TO DATA CENTERS. AND THEN ONE COMMUNITY, WHICH WOULD BE PRINCE WILLIAM COUNTY, HAS IMPLEMENTED, UH, SOMETHING SLIGHTLY DIFFERENT, WHICH WOULD BE AN OVERLAY DISTRICT, UH, THAT IS, AGAIN, INTENDED, UH, TO ADDRESS DATA CENTERS. SO THERE'S DIFFERENT APPROACHES, AND THERE IS NOT A ONE WAY, UH, THAT WE FOUND, UH, THROUGH OUR RESEARCH. UH, FOR SETBACK AND SEPARATION DISTANCE REQUIREMENTS, UH, WHAT WE FOUND IS THAT THE MOST COMMON, UH, MINIMUM SETBACK REQUIREMENT FOR DATA CENTERS IS 200 FEET, AND THAT'S MEASURED FROM THE BUILDING UP TO THE PROPERTY. AND SO, UH, AGAIN, YOUR STANDARD BUILDING SETBACKS, USUALLY FOR DATA CENTERS, WE FOUND THAT IT WAS COMMON TO HAVE A 200 FEET. UH, AND THEN IN REGARDS TO SEPARATION REQUIREMENTS, UH, SOME COMMUNITIES IMPLEMENTED, UH, UH, A CER- A CERTAIN DISTANCE THAT'S REQUIRED THAT A DATA CEN- DATA CENTER HAS TO MEET FROM A, WHAT WE WOULD CALL A SENSITIVE AREA, AND THAT INCLUDES RESIDENTIAL PROPERTIES, PUBLIC PARKS, UH, HOUSES OF WORSHIP, UH, SCHOOLS, UM, HISTORIC, UH, HISTORIC LANDMARKS. SO WE FOUND THAT THE, AGAIN, THESE COMMUNITIES IMPLEMENTED THOSE SEPARATION REQUIREMENTS, BUT IT KIND OF RANGED. THERE WAS, THERE WAS A WIDE RANGE OF, OF, UH, SEPARATION REQUIREMENTS THROUGHOUT COMMUNITY, KIND OF GOING FROM ALL FROM DOWN FROM 500 FEET ALL THE WAY TO HALF A MILE. SO THERE WAS, AGAIN, IMPLEMENTED SOME SEPARATION REQUIREMENTS, BUT IT VARIED BY COMMUNITY. UH, IN REGARDS TO DESIGN STANDARDS, THERE WERE A, A FEW COMMUNITIES THAT, THAT IMPLEMENTED, UH, UH, DESIGN STANDARDS IN CLINTON COUNTY, IOWA. UH, THEY'VE IMPLEMENT- BASICALLY THEY HAVE A STANDARD THAT REQUIRES DATA CENTERS TO BE DESIGNED TO RESEMBLE, UH, EITHER A OFFICE BUILDING OR TYPE OF A COMMERCIAL BUILDING. UH, AND THE THREE, UH, VIRGINIA COMMUNITIES THAT WE LOOKED AT, UH, THEY'VE ACTUALLY IMPLEMENTED VERY ROBUST DESIGN REQUIREMENTS, UH, AND ASKED THEM TO IMPLEMENT, UH, VARIOUS ARCHITECTURAL, UH, COMPONENTS, UM, OR FEATURES, SUCH AS, UH, HAVING KIND OF CHANGE IN IN BUILDING HEIGHT OR WALL RECESS, UH, HAVING DIFFERENT MATERIALS, UH, HAVING MINIMUM GLAZING REQUIREMENTS, UH, AND ALSO KIND OF HAVING A DISTINGUISHABLE MAIN ENTRANCE, UH, TO THE BUILDING. ALL THREE COMMUNITIES ALSO REQUIRE MECHANICAL AND ELECTRICAL EQUIPMENT TO BE SCREENED FROM VIEW, AND THEN IN PRINCE WILLIAM COUNTY, THEY ALSO PROHIBIT THE INSTALLATION OF CHAIN LINK AND BAR- AND BARBED WIRE FENCING, UH, ALONG STREETS. IN REGARDS TO NOISE CONTROL, UH, WE FOUND THAT FOR THE MOST PART, THEY THEY ESTABLISH KIND OF THE LIMIT AT 55 DECIBELS, UH, AT THE NEAREST, UH, AS MEASURED FROM THE NEAREST, UH, RESIDENTIAL PROPERTY. UH, MEASURES TO CONTROL NOISE, UH,
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INCLUDE LIMITING CERTAIN ACTIVITIES, UH, SUCH A- SUCH AS GENERATE, UH, GENERATOR TESTING, EQUIPMENT MAINTENANCE, AND CONSTRUCTION TO SPECIFIC HOURS. AND IN THE- IN INDIANAPOLIS, UH, THE DESIGNATED OPERATOR OF A DA- DATA CENTER IS REQUIRED TO SUBMIT ANNUAL, UM, NOISE COMPLIANCE REPORTS AND ANNUAL EMERGENCY GENERATOR TESTING, UH, REPORTS. IMPACT STUDIES. SO, UH, SOME COMMUNITIES REQUIRE, UH, BEFORE THE, UH, UH, CONSTRUCTION OF A DATA CENTER, THEY THEY REQUIRE, UH, THE OPERATORS TO, UH, PREPARE IMPACT STUDIES, UH, UH, UH, FOR, FOR THE DATA CENTER. THEY'LL KIND OF... IT, IT REALLY DOES VARY FOR COMMUNITY. THEY, THEY HAVE DIFFERENT STANDARDS, BUT KIND OF THE MOST COMMON, COMMON, UH, REQUIREMENTS WOULD BE AN ENVIRONMENTAL AND COMMUNITY IMPACT ANALYSIS, A WATER USE OR MANAGEMENT PLAN, UH, ELECTRICITY CAPACITY PLAN, UH, TRANSPORTATION, UH, OR RO- ROAD USE IMPACT PLAN, UM, AND WE'LL KIND OF GO OVER WHAT THOSE ARE HERE IN A MOMENT, KIND OF MORE IN DEPTH AS TO WHAT THOSE WOULD ENTAIL.UH, CLINTON COUNTY IS ALSO THE ONLY COMMUNITY IN THE ENTIRE, UH, OF THE ENTIRE 20 COMMUNITIES THAT WE LOOK LIKE, THAT WE LOOKED AT, UH, THAT REQUIRE A CLOSED-LOOP, UH, LIQUID COOLING SYSTEM FOR OUR FACILITIES. SO I CAN JUST TO GO JUST IN DEPTH IN EACH OF THOSE, UH, JUST REAL QUICK. SO, UH, AT AN- AN ENVIRONMENTAL AND COMMUNITY IMPACT ANALYSIS, THEY KIND OF LOOK AT WHAT THE DA- UH, THE IMPACT, UH, THE DATA CENTER WILL HAVE ON A COMMUNITY'S, UH, NATURAL RESOURCES, SUCH AS WETLANDS AND FLOODPLAINS. IT ALSO, UH, LOOKS AT HOW MATERIALS AND SOLID WASTE, SEWAGE WILL BE, UH, DISPOSED. UH, IT LOOKS ON THE IMPACT, UH, ON, UH, C- C- UH, CULTURAL AND HISTORICAL RESOURCES, UH, WITHIN THE VICINITY OF THE DATA CENTER, UH, AS WELL AS ON, UH, THE IMPACT ON EMERGENCY SERVICES, SCHOOLS, AND, UH, THE CITY'S, UH, REVENUES AND EXPENSES. UH, FOR WATER USE OR WATER MANAGEMENT PLANS, IT PRIMARILY FOCUSES ON WATER CONSUMPTION AND ENSURING THAT THERE'S SU- SUFFICIENT DEMAND FOR, UH, THE DATA CENTER. UH, IN A COUPLE OF IOWA COMMUNITIES, IT ALSO RE- UH, SOME OF THOSE COMMUNITIES ALSO REQUIRE DATA CENTERS TO OBTAIN A WATER USE PERMIT FROM, UH, THE IOWA DEPARTMENT OF NATURAL RESOURCES TO ENSURE THAT IT'S CONSISTENT WITH THE, UH, WITH THE STATE'S, UM, WATER ALLOCATION PROGRAM. UH, THE ELECTRICITY CAPACITY PLAN LOOKS AT ELECTRICAL CONSUMPTION, AND THEN, UH, IT ALSO USUALLY INVOLVES COORDINATION WITH THE POWER PROVIDER TO ENSURE THAT THERE'S SUFFICIENT ENERGY FOR, UH, THE DATA CENTER. AND THEN LASTLY, UH, FOR TRANSPORTATION AND ROAD USE IMPACT ANALYSIS, THAT'S MAINLY FOCUSES DURING CONSTRUCTION, ENSURING THAT THE ROADS ARE MAINTAINED, AND ALSO MAKING SURE THAT THERE'S, UH, THAT C- THAT THERE'S DUST CONTROL MEASURES IMPLEMENTED DURING CONSTRUCTION. UH, LAST THING THAT WE LOOKED AT WAS THE COMMISSIONING PLAN, SO WHAT HAPPENS AFTER THE DATA CENTER, UH, CEASES TO OPERATE. UH, TYPICALLY A D- UH, DECOMMISSIONING PLAN FEATURES, UH, THE FOLLOWING COMPONENTS, SO AN ESTIMATE OF, UH, THE OPERATIONAL LIFE OF THE FACILITY, HOW LONG IT'S GONNA OPERATE.
UH, IT ALSO INCLUDES A COST ESTIMATE OF, OF, UH, DE- DECOMMISSIONING ITSELF, AS WELL AS HAVING A MECHANISM TO ENSURE THAT THERE'S SUFFICIENT FUNDING FOR THAT DECOMMISSIONING. UH, AND THEN IT ALSO LOOKS AT ESTABLISHING PROVISIONS FOR, UH, THE RESTORATION OF THE SITE ONCE THE, THE, THE DATA CENTER FACILITY GOES AWAY, UH, AND ALSO ESTABLISHING A FRAMEWORK FOR DISPOSAL OF ALL EQUIPMENT AND, AND WASTE. IN ALLAMAKEE COUNTY AND CLINTON COUNTY, UH, THEY ALSO ESTABLISHED A, A TIME FRAME THAT IF IT BASICALLY THEY HAVE ONE YEAR AFTER, UH, THE DATA CENTER CEASES OPERATIONS TO BE DECOMMISSIONED. SO THAT'S IN, IN SHORT, THAT'S THE KIND OF THE SUMMARY OF ALL THE ANALYSIS THAT WE FOUND, AND UH, THROUGH THAT, UH, UH, THAT ANALYSIS, WE KIND OF SET UP A RECOMMENDATION OF WHAT WE THINK ARE THE BEST PRACTICES MOVING FORWARD FOR DATA CENTERS. I'LL TURN, UH, TURN IT OVER BACK TO CHRIS FOR THAT.
SO OBVIOUSLY EACH COMMUNITY HAS THEIR OWN WAY FOR HOW THEY REGULATE, UH, DATA CENTERS. AND SO AS WE WENT THROUGH OUR REVIEW, LOOKING AT OUR EXISTING CODES, HOW OTHER COMMUNITIES KIND OF DEAL WITH DATA CENTERS, YOU KNOW, WE JUST CAME UP WITH SOME KIND- WHAT I'M CALLING CONCEPTUAL RECOMMENDATIONS, AND IT'S REALLY, AT THE END OF THE DAY, UP TO COUNCIL TO DECIDE IF YOU WANT US TO MOVE FORWARD WITH THE TEXT AMENDMENT FOR DATA CENTERS. IF YOU DO, THESE ARE SOME THINGS THAT WE FORESEE MAYBE GIVING CONSIDERATION TO. THE FIRST ONE IS BEING THAT WE PROBABLY SHOULD CREATE A SEPARATE DEFINITION FOR WHAT'S A SMALL-SCALE DATA CENTER VERSUS WHAT IS A LARGE-SCALE DATA CENTER, UM, BEING THAT WE HAVE SEVERAL IN OUR COMMUNITY, WE CAN SEE THE SIZE DIFFERENTIATION BETWEEN A CYRUSONE COMPARED TO A GOOGLE SOUTHLANDS. AND SO FOR A SMALL DATA CENTER, THAT WOULD BE ANYTHING THAT'S 30 MEGAWATTS OR LESS IN TERMS OF POWER USAGE. SO WE WOULD REGULATE IT BASED ON POWER USAGE, NOT THE ACTUAL
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PHYSICAL FOOTPRINT OF THE BUILDINGS THEMSELVES.UH, LARGE DATA, LARGE-SCALE DATA CENTERS WOULD BE ANYTHING GREATER THAN 30 MEGAWATTS IN GENERAL. SO THAT WOULD BE PROJECT EDGE, THAT'S GOOGLE SOUTHLANDS, UH, THEY WOULD FALL INTO THAT CLASSIFICATION. AND THEN THE WAY WE'D COME UP WITH THIS, UH, POWER USAGE IS WE WOULD TAKE THE AGGREGATE OF ALL BUILDINGS ON SITE. SO, YOU KNOW, IF YOU HAD 5 BUILDINGS THAT EACH PRODUCED 6 MEGAWATTS, YOU WOULD STILL BE A CONSIDERED A SMALL-SCALE. ONCE YOU GO OVER THAT, YOU'RE NOW CONSIDERED A LARGE-SCALE DATA CENTER. UM, AS FAR AS HOW TO, WHERE TO ALLOW THESE TYPE OF USES AT, AGAIN, RIGHT NOW WE ALLOW DATA CENTERS IN OUR I2 DISTRICT. UH, WE WOULD SAY, YOU KNOW, IF YOU'RE WILLING TO GIVE IT CONSIDERATION, YOU COULD LOOK AT ALLOWING THEM IN AN I1, WHICH IS A LIGHT INDUSTRIAL DISTRICT. THE I2S ARE GENERAL, THE I3 BEING YOUR HEAVY INDUSTRIAL, WITH A CONDITIONAL USE PERMIT FOR SMALL-SCALE DATA CENTERS.
THAT WOULD STILL INVOLVE A PUBLIC HEARING PROCESS, BUT IT WOULD GO IN FRONT OF THE ZONING BOARD OF ADJUSTMENT, NOT CITY COUNCIL.
AS YOU KIND OF SCALE UP TO MORE OF THESE HYPERSCALERS OR LARGE-SCALE DATA CENTERS, UH, ALLOW CONTINUE TO ALLOW IN THE PI DISTRICT ONLY, UH, WHICH WOULD REQUIRE THE ADOPTION OF A DEVELOPMENT PLAN AND REQUIRE REVIEW IN FRONT OF CITY COUNCIL IN A PUBLIC HEARING FORMAT.
UM, AND THEN TO KIND OF IMPLEMENT SOME OF THE OTHER CHANGES AND RECOMMENDATIONS, WE WOULD SAY, UH, AMEND CHAPTER 15.24, WHICH IS YOUR SUPPLEMENTAL USE AND SITE DEVELOPMENT STANDARDS SECTION OF YOUR ZONING ORDINANCE. UH, BY DOING SO, WE'LL CREATE A SEPARATE SECTION THAT IS SPECIFIC TO DATA CENTERS, IN WHICH CASE YOU COULD SAY, IF YOU'RE GOING TO BE A DATA CENTER COMMUNITY, YOU HAVE TO USE A CLOSED-LOOP LIQUID COOLING SYSTEM IN ORDER TO, YOU KNOW, KIND OF PROTECT OUR WASTEWATER TREATMENT CAPACITY AND OUR EXISTING WATER SUPPLY. UM, YOU COULD ALSO ASK THAT THE DATA CENTERS BE DESIGNED TO LOOK MORE CONDERT, UH, COMMERCIAL, INDUSTRIAL, SORRY, COMMERCIAL AND LESS INDUSTRIAL IN NATURE, AND YOU CAN DO THAT FROM A VARIETY OF DIFFERENT WAYS. YOU CAN HAVE DIFFERENT, UM, GLAZING TRANSPARENCIES, THE FACADES THAT FACE OUTWARD TOWARDS PUBLIC STREETS. YOU COULD HAVE THOSE LOOK MORE LIKE AN OFFICE SETTING VERSUS JUST A TYPICAL WAREHOUSE. UH, YOU COULD HAVE, YOU KNOW, STEP BACKS AS THESE BUILDINGS GET ABOVE, SAY, 2 STORIES. YOU COULD ASK THAT THAT THIRD STORY BE STEPPED BACK SO IT DOESN'T MAKE THAT BUILDING AND THE SIZE OF IT FEEL SO IMPOSING ON, YOU KNOW, THE ROADWAYS AND THE OTHER ADJOINING PROPERTIES NEXT TO IT. UH, YOU COULD ALSO ASK FOR CHANGE IN MATERIALS AND DESIGN PATTERNS. UH, WITH PROJECT EDGE, WE'RE HAVING THEM PUT ON AN ARCHITECTURAL ORNAMENTAL KIND OF ALUMINUM METAL FACADE, UH, TO KIND OF BREAK UP, YOU KNOW, THE VASTNESS OF THAT, YOU KNOW, LARGE CONCRETE BUILDING UP AGAINST HIGHWAY 6. SO THERE'S MANY DIFFERENT OPTIONS OUT THERE, BUT THIS WOULD BE A SECTION OF THE CODE WHERE YOU CAN ACTUALLY IMPLEMENT THOSE STANDARDS AND MAKE IT SPECIFIC TO DATA CENTERS. UH, NOISE GENERATION. SO RIGHT NOW OUR CODE ALLOWS FOR 65 DECIBELS DURING THE DAYTIME AND 55 DECIBELS AT NIGHTTIME FROM AN INDUSTRIAL USE ADJACENT TO A RESIDENTIAL USE, UM, THAT'S NEXT TO IT. WE WOULD SAY KEEP THAT CONSISTENT WITH YOUR EXISTING CODE.
THAT'S WHAT OTHER COMMUNITIES HAVE. UH, JUST KEEP IN MIND THAT THAT MEASUREMENT IS TAKEN FROM THE RECEIVING LAND USE.
SO IF SOMEBODY LIVES ADJACENT TO A DATA CENTER AND THEY SAY IT'S LOUD,.
WE'RE NOT GOING TO TAKE THAT MEASUREMENT FROM THE PROPERTY LINE. WE'RE GOING TO TAKE IT FROM YOUR HOUSE BECAUSE THAT'S WHERE YOU SAY YOU'RE, YOU'RE HEARING IT AT. WE'RE NOT GOING TO GO ON THE ACTUAL DATA CENTER SITE AND TAKE IT. WE'RE GOING TO GO TO THE LOCATION YOU'RE HEARING IT AND TAKE THE MEASUREMENT THERE BECAUSE THAT'S WHERE YOU'RE ACTUALLY HEARING THAT SOUND, THAT FREQUENCY, AND THAT'S HOW YOUR CURRENT CODE IS SET UP. UM, AND THEN WE ALSO RECOMMEND PUTTING IN SOME BUILDING SETBACKS AND SEPARATION DISTANCES. UH, THE SEPARATION DISTANCES REALLY BEING TO MAKE SURE THAT, AS THESE LOCATIONS ARE CITED IN THE COMMUNITY, THAT WE'RE BEING SENSITIVE TO, ONE, THE CONTEXT WHERE THEY'RE LOCATED AT, BUT ALSO MAKING SURE THAT, YOU KNOW, THEY'RE COMPATIBLE WITH ADJACENT SCHOOLS, PLACE OF RELIGIOUS ASSEMBLIES, PARKS, HISTORIC FEATURES, AND RESIDENTIAL USES. SO, UM, WHAT THOSE SETBACKS WOULD LOOK LIKE, SO FOR A SMALL-SCALE, RIGHT NOW WE'RE SAYING 100 FEET SETBACK MEASURED FROM BUILDINGS, EQUIPMENT YARDS, ANY TYPE OF STRUCTURE YOU HAVE ON THE PROPERTY, 100 FOOT SETBACK TO THE ADJACENT PROPERTY LINE. A SEPARATION DISTANCE, THIS WOULD BE MEASURED FROM LOT LINE TO LOT LINE, SO THE OUTER LOT OF THE DATA CENTER SITE AS MEASURED TO THE OUTER LOT TO ADJACENT RESIDENTIAL OR CHURCH OR PARK WOULD BE 500 FEET. UM, AND I HAVE AN EXAMPLE TO KIND OF SHOW YOU WHAT THAT WOULD LOOK LIKE WITH OUR EXISTING DATA CENTERS.
LARGE-SCALE WOULD BE A 200 FOOT SEPARATION DISTANCE FROM ALL BUILDINGS AND STRUCTURES ADJACENT TO A PROPERTY LINE, AND THEN A THOUSAND FEET FROM, UH, LAND USES LIKE CHURCHES, PARKS, PLAYGROUNDS, AND RESIDENTIAL. SO THIS IS A CYRUSONE SITE ON GIFFORD ROAD, SOUTH 19TH STREET. YOU KNOW, IF YOU WERE TO IMPLEMENT A 500-FOOT SEPARATION DISTANCE, THIS SITE WOULD ACTUALLY NOT BE CONDUCIVE FOR A DATA CENTER.
THEY WOULD HAVE TO MOVE IT FOR A LITTLE FURTHER NORTH IN ORDER TO GET IT OUTSIDE OF THE RESIDENTIAL USES THERE TO THE IMMEDIATE SOUTH. UH, THIS WAS FOR A LARGE-SCALE DATA CENTER, THAT THOUSAND FOOT, THAT ALLURING THOUSAND FEET WOULD SHOW YOU THAT NONE OF THESE LOTS IN THIS GENERAL VICINITY WOULD HAVE BEEN CONDUCIVE TO A DATA CENTER BEING LOCATED AT THAT LOCATION. UH, THIS IS PROJECT EDGE OUT AT COLLEGE ROAD AND HIGHWAY 6. SO, UH, THIS IS A LARGE-SCALE DATA CENTER, SO IF YOU WERE TO MOVE
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FORWARD AND IMPLEMENT A CODE CHANGE THAT WOULD HAVE A THOUSAND FOOT BUFFER, UH, THIS WAS SITE WOULD NOT HAVE BEEN CONDUCIVE TO A DATA CENTER BECAUSE THEY'RE WITHIN A THOUSAND FEET OF THE COMMUNITY COLLEGE TO THE IMMEDIATE WEST. UH, THIS IS GOOGLE HERE ON VETERANS MEMORIAL HIGHWAY. UH, AGAIN, THEY'RE CONSIDERED A LARGE-SCALE DATA CENTER UNDER THIS PROPOSED. UH, THEY TOO, UM, YOU WOULD HAVE HAD SOME RESIDENTIAL USES ALONG THE NORTH SIDE OF LAKE MANAWA THAT WOULD HAVE PUT THEM WITHIN THAT THOUSAND FOOT BUFFER. SO THIS SITE IN TOTALITY WOULDN'T HAVE BEEN USEFUL. THEY WOULD HAVE HAD TO LIKE SHIFTED OR BOUGHT LAND MORE TO THE NORTH IN ORDER TO PUSH IT OUT OF THAT 1,000 FOOT SEPARATION DISTANCE, UH, TO ACTUALLY SITE A DATA CENTER AT THIS LOCATION. AND THEN LAST, THIS IS GOOGLE SOUTHLANDS. UM, THIS IS OBVIOUSLY THE LARGEST HYPERSCALER WE HAVE IN OUR COMMUNITY. UH, IF YOU WERE TO IMPLEMENT A 1,000 FOOT SEPARATION DISTANCE, THEY WOULD HAVE HAD TO KIND OF SCALE BACK THE AMOUNT OF ACREAGE THAT THEY PURCHASED HERE BECAUSE YOU DO START TO GET INTO RESIDENTIAL USES ALONG THE EAST SIDE OF WABASH AVENUE AND THEN TO THE NORTHEAST ALONG THAT APPLEWOOD LANE. SO THEY WOULD HAVE HAD TO HAVE KIND OF PUSHED THINGS MORE TO THE WEST, UH, TO GET IT OUT OF THOSE RESIDENTIAL AREAS.UM, WE RECOMMEND THAT AS PART OF THIS, ANY CODE UPDATE THAT YOU DO LOOK AT ENVIRONMENTAL AND COMMUNITY IMPACT ANALYSIS, YOU KNOW, AND THAT WOULD ADDRESS AIR QUALITY, WATER QUALITY, FLOODPLAINS, FLOODWAYS, WETLANDS, TRAFFIC, ROAD USE, UM, IMPACTS ON CULTURAL HISTORIC RESOURCES, IMPACTS ON SCHOOL FACILITIES AND BUDGETS, OUR WASTEWATER, UH, TREATMENT FACILITIES, AND ANY MUNICIPAL REVENUE AND EXPENSES. UH, AND THEN A DECOMMISSIONING PLAN. I, WE THINK THAT'S AN IMPORTANT COMPONENT OF, OF THE TEXT AMENDMENTS. UM, THIS WOULD REQUIRE THEM TO KIND OF EXPLAIN TO US UPFRONT, LIKE, WHAT THE GAME PLAN IS IF THIS FACILITY WERE TO EVER BECOME, YOU KNOW, NON-OPERATIONAL, THE TIME FRAME FOR REMOVING EQUIPMENT, ANY HAZARDOUS MATERIALS, UM, IF THERE'S ANY ON-SITE ENVIRONMENTAL REMEDIATION, WHAT WOULD THAT LOOK LIKE IN A TIME FRAME, UH, HOW THOSE BUILDINGS COULD BE ADAPTIVELY RE- REUSED FOR OTHER USES AND PUT BACK INTO A PRODUCTIVE PURPOSE.
UM, AND THEN AS, AS FAR AS IMPLEMENTING THIS PLAN, UH, WE WOULD MAKE THEM PUT UP AN ESCROW ACCOUNT, UM, AS PART OF ANY CONDITIONAL USE PERMIT OR PI, UH, DEVELOPMENT PLAN ADOPTION SO THAT MONIES WOULD BE AVAILABLE TO IMPLEMENT THIS DECOMMISSIONING PLAN IF THEY DID NOT FOLLOW THROUGH ON THEIR END. AND SO THAT'S KIND OF, IN A NUTSHELL, THE RECOMMENDATIONS WE'RE PUTTING FORWARD. UM, A COUPLE OF OTHER ITEMS, JUST TO GIVE CONSIDERATION TO THAT, WE DIDN'T REALLY KIND OF TALK THROUGH EXTENSIVELY, AND IT WASN'T OUTLINED IN YOUR RESOLUTION, BUT AS FAR AS SPECIAL INSPECTIONS GO, UM, WE DIDN'T COME ACROSS ANY CODES THAT JUST OUTRIGHT REQUIRE THAT. I KNOW RIGHT NOW WE DO HAVE A CONTRACT WITH, UM, ONE OF OUR SPECIAL INSPECTORS ON THE GOOGLE SOUTHLANDS.
THAT'S A VERY LARGE SITE WITH CHANGES HAPPENING REPEATEDLY.
UM, I THINK IT WOULD BE WORTHWHILE TO GIVE CONSIDERATION TO SPECIAL INSPECTIONS AS YOU'RE DEALING WITH THESE LARGE HYPERSCALERS, AND WE WOULD CERTAINLY WANT TO GET RODNEY SCHULTZ INVOLVED IN THAT CONVERSATION AS HIS TEAM WOULD WORK CLOSE, YOU KNOW, IN HAND WITH THAT, UM, THAT COMPANY. SOMETHING ELSE TO GIVE CONSIDERATION TO IS, IF WE MAKE THIS CHANGE, YOU KNOW, IT WILL HAVE IMPACTS ON THE EXISTING DATA CENTERS IN OUR COMMUNITY. AND SO HOW DO THOSE CHANGE GO ABOUT BEING IMPLEMENTED TO WHERE IT HOPEFULLY DOESN'T PUT US IN A SITUATION WHERE WE WOULD BE BREAKING ANY CONTRACTUAL AGREEMENTS THAT WE HAVE WITH THOSE COMPANIES? SO WE'D HAVE TO REALLY KIND OF PAY SPECIAL ATTENTION TO HOW THESE CHANGES WOULD IMPACT THOSE EXISTING USES IN OUR COMMUNITY. UM, AND THEN THE LAST THING I JUST PUT OUT THERE, IT'S JUST KIND OF FOOD FOR THOUGHT, IS THE IDEA OF LIKE THESE MICRO DATA CENTERS.
AND, UM, IF YOU, IF YOU REMEMBER NOT TOO LONG AGO, THERE WAS THIS LIKE BIG THING IN BITCOIN.
EVERYONE WAS TRYING TO CHURN BITCOIN, AND WE ACTUALLY USED TO GET PHONE CALLS FROM PEOPLE WHO WANTED TO SET UP CONEX CONTAINERS JUST TO RUN SERVERS OUT OF TO KIND OF CHURN BITCOIN, AND WE TREATED THOSE AS DATA CENTERS.
AND SO, AS PART OF THIS ANALYSIS, YOU KNOW, IS THERE ROOM IN THE CODE FOR, LIKE, SMALLER TYPE DATA CENTERS THAT MIGHT BE ASSOCIATED WITH THE BUSINESS FOR RUNNING THEIR IT DEPARTMENT, OR EVEN JUST A SMALL BUSINESS IN GENERAL THAT DEALS WITH, YOU KNOW, THE MINING OF DATA.
LIKE, IS THERE A PLACE FOR THEM TO BE LIKE IN AN OFFICE AND NOT TREATED THE SAME AS, SAY, A SMALL OR A LARGE-SCALE DATA CENTER? BECAUSE AS TECHNOLOGY CHANGES, I THINK SOME OF THESE DATA CENTERS WILL GET SMALLER AND SMALLER AND SMALLER. SO IT'S JUST SOMETHING TO KEEP IN THE BACK OF YOUR MIND AS WE LOOK TO THE FUTURE, UM, BECAUSE WHEN WE WRITE THESE CODES, WE WANT TO TRY AND BE, YOU WANT TO BE AS SPECIFIC AS YOU POSSIBLY CAN, BUT BROAD ENOUGH TO WHERE IT ADDRESSES PRETTY MUCH, YOU KNOW, ANY TYPE OF SCENARIO THAT COMES YOUR DIRECTION. SO WITH THAT, YOU KNOW, I'M OPEN TO TRY AND ANSWER ANY QUESTIONS THAT YOU MAY HAVE. AGAIN, YOU ASKED US TO DO IT 90 DAYS, WE DID IT IN 60. UM, WE JUST WANT TO GET IT BACK IN FRONT OF YOU TO SEE WHAT YOUR THOUGHTS, IDEAS, OR OPINIONS ON IT MIGHT BE.
QUESTIONS FOR CHRIS OR MOISES, OR COMMENTS FROM THE COUNCIL? CHRIS, I FIRST I WANT TO THANK YOU FOR GETTING THIS TO US, UH, UNDER SCHEDULE. I APPRECIATE THAT. I KNOW I PROPOSED THIS ABOUT 60 DAYS AGO. WE ANTICIPATED 90 DAYS, AND YOU GOT IT DONE IN TWO-THIRDS OF THAT TIME, SO
[00:25:03]
I, I APPRECIATE THAT, AND I LIKED A LOT OF THE SUGGESTIONS YOU MADE.SORRY, I WAS A FEW MINUTES LATE TO YOUR PRESENTATION, BUT, UM, I THINK IT'D BE WORTHWHILE TO MAYBE HAVE CONVERSATION, ESPECIALLY ON SOME OF YOUR POINTS HERE, UM, WITH LEGAL ABOUT WHAT WOULD BE POSSIBLE AND HOW, I MEAN, IT'S GOOD THAT WE HAVE SOME RECOMMENDATIONS, BUT NOW WHAT C- WHAT PIECES OF THAT CAN WE ACTUALLY PUT TOGETHER AND AND BRING IN THAT AREN'T GOING TO CAUSE US MAJOR ISSUE, THAT AREN'T GOING TO PUT US OUTSIDE OF ANY AGREEMENTS WE'VE MADE AND AND TAKE STEPS GOING FORWARD WITHOUT, AGAIN, GETTING OURSELVES LEGALLY ENTANGLED FOR, FOR PREVIOUS. UM, ON THE CON- TALKING ABOUT THE MICRO STUFF, UH, I WOULD IMAGINE SOME OF THE HOSPITALS AND, AND SOME OF THE OTHER MAJOR EMPLOYERS IN TOWN HAVE DATA CENTERS THAT WOULD BE CON- YOU COULD POSSIBLY THROW IN THAT MICRO THAT SIZE-WISE MAY BE BIGGER THAN A CONEX, UM, BECAUSE THEY JUST, THAT'S, THAT'S THEIR OWN DATA,.
RIGHT? UM, BUT THAT WOULD BE A CONVERSATION TO HAVE AS WELL, BECAUSE THE LAST THING WE WANT TO DO IS HAVE, YOU KNOW, ONE OF OUR FIVE, SOME OF OUR, YOU KNOW, FIVE, SIX, SEVEN, EIGHT MAJOR EMPLOYERS IN TOWN THAT HAVE LARGE, UH, LARGE ON-SITE, YOU KNOW, REPOSITORIES OF INFORMATION TO CAUSE THEM ANY ISSUE AS WELL.
UM, BUT AGAIN, GOOD INFORMATION. I GOT YOUR EMAIL AND, AND, UM, I'LL GO THROUGH A LITTLE BIT MORE TOO.
LIKE I SAID, SORRY, I WAS RUNNING A LITTLE BEHIND TODAY. SO, BUT I, I DO, LIKE HE SAID, I, I THANK YOU FOR GETTING IT DONE, ESPECIALLY ON UNDER, UNDER THE TIME BUDGET GIVEN.
ANY OTHER COMMENTS? UH, CHRIS, UH, THERE WAS A LOT OF INFORMATION IN THIS. I READ THROUGH IT A COUPLE TIMES.
UM, I AGREE WITH YOU ON THE SUGGESTIONS. THEY'RE, THEY'RE VERY WELL IN LINE. ONE OF THE THINGS I'M CONCERNED ABOUT IS THE, UH, UH, POWER USAGE, AND IS THERE ANY WAY WE CAN ASK FOR THEM TO PROPOSE PLANS TO GET SELF-CONTAINED POWER ONTO THEIR OWN WHEN THEY COME INTO TOWN. IS THERE, YOU KNOW, RIGHT NOW WE'RE PROVIDING A TON OF MEGAWATTS WITH TO THEM.
I, I THINK THERE IS. I GOT TO BE HONEST, I HAD LIKE 2 OTHER SLIDES ABOUT FACTORS OF CONSIDERATION, BUT I SAID, NO, LET'S JUST KEEP IT CONDENSED BECAUSE THAT IS SOMETHING ELSE TO CONSIDER AS TECHNOLOGY CHANGES AND THEY NOW WANT TO PRODUCE THEIR OWN ELECTRICITY ON SITE. WHAT DOES THAT LOOK LIKE? WHAT IS THAT SOURCE? LIKE, WHAT IMPACTS DOES THAT HAVE ON THE EXISTING ELECTRICAL GRID OR, OR, YOU KNOW, PROPERTIES AROUND IT? SO I, I THINK IF WE GO DOWN THIS PATH, THAT'S CERTAINLY SOMETHING WE WANT TO KIND OF PAY ATTENTION TO, BECAUSE I DON'T THINK IT'S THAT FAR OFF WHERE SOME OF THESE DATA CENTERS ARE LESS MORE PROFITABLE FOR US TO FIGURE OUT HOW TO PRODUCE OUR OWN ENERGY ON SITE.
YES, IS IT, IS THERE ALSO A WAY WE CAN LOOK INTO LIKE A COMMUNITY IMPACT TO WHERE WE COULD SET UP, UH, THESE DATA CENTERS TO PAY INTO A FUND TO HELP LOCAL RESIDENTS BUY THEIR OWN SOLAR POWER OR THEIR OWN WIND ENERGY TO HELP FUND SOME OF THAT SO THAT WE CAN GET THOSE HOUSES OFF THE GRID, WHICH WOULD ALSO REDUCE THEIR ELECTRICAL, UH, ALL AROUND. IS THERE A WAY WE CAN LOOK INTO DOING SOMETHING LIKE THAT? WE CAN CERTAINLY LOOK INTO IT. THAT, THAT MIGHT POSE A LITTLE BIT MORE CHALLENGING OF A SITUATION, BUT WE CAN LOOK INTO THAT FOR SURE.
WELL, AND SOME OF THAT WOULD BE, I THINK WE'D HAVE TO PROBABLY COORDINATE WITH MIDAM BECAUSE IT'S THEIR, I MEAN, EFFECTIVELY IT'S THEIR GRID.
AND DO THOSE PEOPLE EVEN WANT SOLAR? CORRECT.
THAT'S THE OTHER PART, YOU KNOW, BUT.
SOLAR BRINGS A, IT'D BE EASIER TO HAVE MAYBE THE DATA CENTERS WITH THE FUNDS TO BE ABLE TO DO THAT, TO DO THEIR OWN SOLAR VERSUS A SMALL HOMEOWNER THAT'S GOING TO INVEST. I MEAN, I, I WENT DOWN THE RABBIT HOLE AND LOOKED AT PUTTING IT ON BOTH MY HOUSE AND MY BUSINESS, AND BY THE TIME THE USABLE LIFE WAS, IT WOULD TAKE ME AS LONG AS THE STUFF WAS GOOD FOR TO PAY IT OFF. I MEAN, IT'S A COUPLE HUNDRED THOUSAND DOLLARS, UM, THE ONE BID THAT I GOT TO DO ON ONE OF THE BUSINESSES, AND THE OFFSET, THEY SAID, WELL, YEAH, YOU'LL GET IT BACK, BUT IT'LL TAKE YOU X AMOUNT OF TIME. WELL, BY THE TIME I GOT IT BACK, IT WOULD HAVE OUTLASTED ITS...
IT, IT BECAME A GAMBLE AT THAT POINT. IF I GOT IT TO RUN PERFECTLY WITH NO ISSUES FOR ANOTHER FEW YEARS, IT ALSO WILL CAUSE ISSUES, UM, FOR YOUR INSURANCE AND TRYING TO ENSURE THAT IT MAKES SOME CARRIERS WOULD SEE THAT AS AN INSURABILITY DEAL BECAUSE THE COST TO REPLACE IS IS EXORBITANT, OR YOU OR IT COULD CAUSE YOU EXTRA, UH, PREMIUM AND THAT THEY WOULD HAVE TO SCHEDULE THOSE ITEMS BECAUSE THEY'RE SO EXPENSIVE TO REPLACE. I MEAN, IT'S A HAVING THAT ON YOUR HAVING A 200,000 DOLLAR ROOF AS OPPOSED TO A A 50,000 DOLLAR TIN ROOF IS A, IS A BIG DIFFERENCE. UM, BUT ALL THINGS TO CONSIDER TO, UH, STEVE'S POINT, THOUGH, ABOUT POWER AND YOUR PREVIOUS SLIDES
[00:30:01]
ABOUT THE, UH, ECONOMIC OR THE, THE ENVIRONMENTAL IMPACT. UM, AT SOME POINT, IF THEY DO START TO GO TO THEIR OWN POWER, WHAT, AND AGAIN, THE, THE LEAD MAY COME FROM THE STATE WHEN IT GETS TO THAT POINT, BUT THE CONVERSATION PROBABLY NEEDS TO BE HAD OF, OF WHAT IS PLAUSIBLE, WHAT CAN WE DO ON OUR SIDE THAT OBVIOUSLY STATE LAWS WILL SUPERSEDE US, AND IF THE STATE SAYS, HEY, WE'RE GONNA LET THEM DO MICRONUCLEAR, WELL, THEN THAT'S WHAT WE'RE GONNA HAVE, YOU KNOW. UM, IF THEY DON'T, WHAT THINGS CAN WE DO? UM, I HAD A MEETING THE OTHER DAY WITH, UH, SOME FOLKS FROM, FROM MIDAM, AND WHAT THEY WERE TALKING ABOUT IS, IS A LOT OF THE PROJECTS THAT COME IN, THEY WILL, WILL BE PAID FOR EFFECTIVELY BEFORE THEY, THEY PUT IN. SO IF A USER COMES IN, WHETHER IT'S THIS OR ANY OTHER MAJOR USER, I'LL SAY, YES, WE'LL, WE'LL DO IT, BUT WE'LL WORK IT OUT. THIS IS THE TIMELINE. THIS IS WHAT IT'LL COST. YOU'LL HAVE TO PAY FOR THAT, THAT EXPANSION OF OUR, OF OUR, UM, POWER SUPPLY, AND AT CURRENT, WE'RE ONE OF THE LOWER BI-COUNTIES IN THE NATION STILL P- POWER, UM, AND AND CURRENTLY IS IS IT WAS EXPLAINED TO US THE OTHER DAY, AT LEAST IN THAT MEETING, THEY SAID THAT, YOU KNOW, WE HAVEN'T HAD REALLY A RAISE IN THE, IN OUR COST OF ENERGY IN THE LAST 14 YEARS. NOW, THAT'S NOT TO SAY WE WILL NEVER HAVE ONE, UM, BUT BUT IT IS SOMETHING, AGAIN, WHEN WE'RE TALKING ABOUT DOING LOOKING LONG-TERM, WE'RE TALKING ABOUT THE, THE 30 YEAR PLAN, 50 YEAR PLAN, WHATEVER DOWN THE ROAD. UM, WE'LL HAVE TO MAKE OUR BEST ESTIMATIONS AND JUDGMENTS NOW, BUT IF WE ALL THINK BACK TO, YOU KNOW, 30 YEARS AGO, WHAT DID YOUR CELL PHONE LOOK LIKE? WELL, IT WAS IN A BAG AS BIG AS MY BRIEFCASE.WE'LL JUST, WE CAN DO OUR BEST, BUT THERE'S THINGS WE CAN LOOK INTO, UM, IN THESE DIFFERENT REALMS. A- ALSO, CHRIS, UH, WHAT DO YOU THINK IS THE FIRST THING WE NEED TO ADDRESS AT THIS COUNCIL AS FAR AS...
I, I THINK GUIDANCE, IF, IF YOU DO WANT US TO MOVE FORWARD WITH THE TEXT AMENDMENT, YOU KNOW, WITH THE INFORMATION BEING PRESENTED. I MEAN, I KNOW IT'S A LOT. I'M NOT EXPECTING AN ANSWER TODAY, BUT, YOU KNOW, IF IT'S REALLY UP TO YOU, IF YOU WANT US TO GO DOWN A PATH TO ACTUALLY DO A TEXT AMENDMENT, LIKE, IS THIS THE INFORMATION YOU WANT US TO COVER? IS THERE ANYTHING THAT WE MISSED THAT YOU'D WANT US TO COVER? UM, I WOULD REALLY LIKE TO KNOW YOUR THOUGHTS ON THE SEPARATION DISTANCES, BECAUSE I THINK THAT'S GOING TO HAVE PROBABLY THE BIGGEST IMPACT OF ALL, BECAUSE THAT'S GOING TO NOW LIMIT LOCATIONS THROUGHOUT THE CITY WHERE THESE CAN GO AND POTENTIALLY EXISTING LOCATIONS AND HOW THEY CAN EXPAND. I'D LIKE TO KIND OF HEAR YOUR THOUGHTS ON THAT.
THAT WAS ONE OF MY FIRST QUESTIONS.
IF, IF YOU'RE AT A THOUSAND FEET,.
IS THERE A PROPERTY IN TOWN THAT IS EVEN DOABLE? IS THAT, THAT, AND I KNOW YOU DON'T KNOW THAT. I WOULD LIKE TO SAY IF WE'RE, IF WE SET IT AT 1,000, IF WE SET IT AT 500, WHICH PROPERTIES COULD THEY, COULD IT EVEN HAPPEN ON? SO I'D LIKE, I'D LIKE YOU TO BRING THAT TO US, BECAUSE THERE CAN'T BE THAT MANY, RIGHT? I CAN THINK OF A FEW, BUT YEAH.
YEAH, BUT LESS THAN 10, I WOULD SAY.
WATER, ROADS, I MEAN, I MEAN, THEY'RE GOING TO BE IN AREAS.
CORRECT. I, I, BUT I WANT TO KNOW, LIKE, HEY, IF WE DO A THOUSAND, THERE'S FIVE SITES AVAILABLE.
IF WE DO 500, THERE'S 15 SITES AVAILABLE. IF WE SET IT AT 350, WHAT, HOW MANY SITES ARE AVAILABLE? I THINK THAT'S THE FIRST THING THAT IS GOING TO FOR US, AND I THINK THIS IS ALL, LIKE YOU SAID, IT'S A LOT OF INFORMATION. THIS IS ALL THINGS THAT, WHEN YOU SAID GUIDANCE, THAT WE ALL WANTED THIS, LIKE WHEN THE MORATORIUM WAS BROUGHT UP, WE ALL SAID, LIKE, WE WANT TO DO ALL THIS, BUT WE DON'T WANT TO STOP ANYTHING IN THE, IN THE INTERIM, RIGHT? SO I, THIS IS PERFECT, AND I THINK ALL OF US WILL HAVE SOME TIME TO EVALUATE AND GO OVER WHAT WE WANT. THERE'S TONS OF GOOD RECOMMENDATIONS. I DID, DID YOU TALK TO MIDAMERICAN ABOUT HOW MUCH POWER THEY HAVE AVAILABLE? HAVE DID, WAS THAT A CONVERSATION AT ALL WITH THEM? WE HAVE NOT HAD THOSE CONVERSATIONS INDIRECTLY. I, I WANTED TO KIND OF DO THE ZONING RESEARCH THAT YOU ASKED FOR, PUT IT BACK IN FRONT OF YOU, AND THEN GET GUIDANCE NOW.
THIS IS THE INFORMATION. THIS IS WHERE I THINK WE SHOULD GO WITH IT. DO YOU WANT ME TO GO DOWN THIS PATH? BECAUSE I WOULD IMAGINE, I MEAN, I WANT TO BE COMPLETELY HONEST, THIS CAN'T BE A TAX AMENDMENT THAT THE PLANNING DEPARTMENT TAKES ON BY OURSELVES. I MEAN, THIS, THIS TOUCHES MANY DIFFERENT DEPARTMENTS, UTILITY PROVIDERS.
ALMOST HAS TO BE LIKE A SUBCOMMITTEE PUT TOGETHER, KIND OF PUTTING THIS AMENDMENT TOGETHER.
WELL, AND JUST LIKE WITH THE LEGAL, AS IT SITS, THIS WOULD MAKE EVERY, EVERY CURRENT ONE THAT WE HAVE NON-CONFORMING.
AND THAT'S A, I KNOW YOU AND I'VE TALKED ABOUT THAT EXTENSIVELY, AND HOW IF WE MADE CHANGES THAT, THAT MAKES EVERYTHING NON-CONFORMING, NOW THEY NEED TO PUT IN A SIMPLE, UH, ANOTHER BATHROOM OR SOMETHING, AND NEXT THING YOU KNOW, WELL, I CAN'T DO IT BECAUSE NOW YOU GOT TO BRING EVERYTHING UP TO CODE AND YOU CAN'T.
WELL, AND IF IT'S 50%, THEY CAN'T REBUILD.
CORRECT, IF THERE'S A PROBLEM.
WHICH IS, WHICH IS, WOULD BE A HUGE PROBLEM FOR THE, FOR THE PEOPLE THAT ARE ALREADY THERE.
SO I WANT TO MAKE CLEAR, EVERY SINGLE ONE THAT WE HAVE RIGHT NOW WOULD BE NON-CONFORMING IS WHAT, IF, IF WE, AGAIN, THERE'S A LOT OF CHANGES THAT HAVE TO BE MADE, BUT IF WE WERE LOOKING AT THESE TYPES OF.
[00:35:02]
CORRECT.WHAT I THINK THE OTHER THING THAT WE, THIS IS, AND WE DIDN'T ASK YOU TO LOOK AT THIS, BUT I THINK WE HAVE TO LOOK AT THE ECONOMIC IMPACT, RIGHT? LIKE, IF, IF GOOGLE, LET'S SAY THEY'VE INVESTED 7 BILLION DOLLARS DOWN THERE, HOW MUCH HAVE THEY PAID IN PROPERTY TAXES? RIGHT? LIKE, I THINK THAT'S PART OF, THAT HAS TO BE PART OF OUR CALCULATION WHEN WE'RE DOING THESE THINGS, BECAUSE THEY PAY A TON. NOW THEY GET TONS OF BREAKS, PROBABLY TOO MUCH, I THINK, BUT.
BUT DO THEY PAY A TON? THEY DO PAY A TON. THEY PAY A TON.
THEY PAY LESS THAN THEY SHOULD, BUT THEY PAY A TON. YOU CAN'T SAY THEY DON'T.
IN ANY TRANSACTION, YOU WOULD LOOK AT BOTH SIDES.
WE, WE LOOK AT THIS IS TO US, TO ME, IT LOOKS LIKE THIS IS KIND OF OUR EXPENSE. THIS IS WHAT WE GIVE UP SOMETIMES WHEN WE DO THESE THINGS, SO WE HAVE TO PUT SOME REQUIREMENTS ON THERE. BUT THERE IS SOME BENEFITS THAT WE GET, KIND OF LIKE WHAT ROGER'S TALKING ABOUT WITH SOME OF THESE THINGS. SO YOU GOT TO KIND OF WEIGH BOTH SIDES OF THAT. SO I DO UNDERSTAND THAT PIECE OF IT. I GUESS ONE THING IS, DO WE SEPARATE ANY OTHER TYPE OF BUSINESS LIKE THIS IN OUR ZONING? CODE.
UM, NOT TO THIS EXTENT. I MEAN, YOU HAVE LIKE AUTOMOTIVE REPAIR, YOU HAVE MAJOR AND MINOR, YOU KNOW, LIKE THE JIFFY LUBE IS A MINOR, BUT THE GREAT PLAINS AUTO WHO'S DOING.
BUT THEY FIT UNDER COMMERCIAL OR INDUSTRIAL.
WHATEVER, RIGHT? I MEAN, WE'RE CREATING A SEPARATE CATEGORY, WHICH LEADS TO MY NEXT QUESTION THEN, IF WE HAVEN'T DONE THAT YET, AND IT'S MORE MAYBE FOR LEGAL, ARE WE SETTING OURSELVES UP FOR SOME TYPE OF LAWSUIT IN THE FUTURE TO SAY YOU HAVE TARGETED US WITH THIS.
SO, JUST TO BEFORE LEGAL ANSWERS, WE'RE, THE RECOMMENDATION IS NOT TO PUT A DATA CENTER ZONE.
THESE WOULD GO UNDER THE CURRENT ZONING.
THAT WE HAVE. SO I JUST WANT TO CLARIFY THAT BECAUSE I KNOW THE PROCESS HERE.
UM, AGAIN, WE ALSO ARE LOOKING AT THIS PRELIMINARILY, AND I'VE ASKED TONY TO COME UP WITH KIND OF SOME ETAS FOR IF YOU DID WANT TO MOVE FORWARD. UM, HAD A LITTLE PRELIMINARY CONVERSATION WITH, WITH COLE ABOUT, UM, DRAFTING SOME THINGS FOR CITY COUNCIL. UM, BUT TO ANSWER YOUR QUESTION DIRECTLY, NO, FOR THE MOST PART, WE DON'T HAVE CONCERNS BECAUSE IT IS VERY WELL ESTABLISHED THAT PRIOR CITY COUNCILS CANNOT TAKE AWAY FUTURE CITY COUNCILS' POWER TO IMPLEMENT THINGS LIKE THIS FOR THE BETTERMENT OF THE COMMUNITY. UM, SO IT MAY BE DIFFICULT TO IMPLEMENT, BUT WE CAN DO IT.
OKAY, THANK YOU FOR DOING THAT.
I WAS GONNA ASK ABOUT DECOMMISSION TOO. WHEN YOU TALK ABOUT THAT, LIKE, WE SHOULD LOOK AT THAT FOR SEVERAL DIFFERENT PLACES.
BECAUSE WE, YOU KNOW, WE, I MEAN, WE HAVE A SUPERFUND SITE NOT FAR AWAY, RIGHT? LIKE, THINK ABOUT THE BATTERY CENTER WE HAD TO CLEAN UP.
THAT'S RIDICULOUS. SO IF WE'RE, IF WE'RE GONNA PUT THAT IN FOR SOMETHING LIKE THIS, WE NEED TO PUT THAT IN FOR ANYBODY WHO'S GOING TO LEAVE A MESS FOR US. SO I THINK THAT THAT'S ANOTHER CONVERSATION, AND YOUR STAFF, THAT'S A WHOLE OTHER DAY, BUT IF, IF THAT'S, IF THAT'S SOMETHING WE'RE GOING TO LOOK AT DOING, WE NEED TO DO THAT ACROSS MULTIPLE FACETS OF BUSINESS, BECAUSE WE'VE, WE'VE HAD TO CLEAN UP.
YEAH, HOW MANY SITES HAVE WE CLEANED UP IN THE LAST.
YEAH, A LOT OF SITES IN TOWN SINCE I'VE BEEN.
10 YEARS WHERE WE'VE BEEN STUCK WITH THE BAG, HOLDING THE BAG AT THE END OF THE DAY,.
WHERE WE'VE GOT TO DIG OUT, YOU KNOW.
SO, CHRIS, YOU KIND OF TOUCHED ON THIS A LITTLE BIT, BUT ONE OF THE THINGS THAT HAPPENS WITHIN THIS PARTICULAR INDUSTRY IS CHANGE HAPPENS EVERY SINGLE DAY. ARE YOU GUYS CONCERNED ABOUT BEING ABLE TO KEEP UP? YOU KNOW, IT SEEMS LIKE WHEN WE MAKE THESE THINGS AND WE DO A RESOLUTION, WE'VE DONE IT FOR WHAT HAPPENED YESTERDAY OR PREVIOUSLY, AND MAYBE NOT WHAT'S COMING IN THE FUTURE. YOU THINK WE CAN GET IT TO WHERE WE CAN MAYBE SEE SOME OF THE THINGS THAT MIGHT HAPPEN IN THE FUTURE TO HELP WITH THAT, OR OR WHAT ARE YOUR THOUGHTS? I DO. I MEAN, WITH ANY TEXT AMENDMENT, WE ALWAYS TRY TO THINK, LIKE, WHAT C- WHAT COULD HAPPEN IN THE FUTURE WOULD IMPACT THIS? THAT'S WHY WE TRY TO WRITE THINGS AS BROAD AS WE POSSIBLY CAN, BUT YOU STILL HAVE TO PROVIDE SOME SPECIFICITY TO GIVE SOME IDEA, LIKE, WHAT IS IT WE'RE TRYING TO ACCOMPLISH WITH THIS CODE? SO I DO THINK WE CAN DO THAT, BUT I ECHO WHAT COUNCILMAN DESALVO SAYS ABOUT THE ENERGY USAGE. I MEAN, IT'S, THAT'S GOING TO BE A HARD THING TO GET OUR HANDS AROUND, YOU KNOW, BECAUSE I, I DON'T KNOW WHAT THE ENERGY OF TOMORROW COULD BE. IT COULD BE HYDROGEN, IT COULD BE NUCLEAR, IT COULD BE A COMBINATION THEREOF, YOU KNOW, WHAT DOES THAT LOOK LIKE? I MEAN, IT COULD BE SOME PLASMA, I'M JUST, YOU KNOW, SPITBALLING HERE, THAT NO ONE KNOWS ABOUT THAT THEY NOW USE THAT WE'RE NOT EVEN SET UP EVEN TO EVEN THINK ABOUT.
GERMANS AND CHINESE ARE WORKING WITH HEAVY DUTY MAGNETS AND STUFF. THERE'S ALL KINDS OF.
AND, AND I WOULD SAY, YOU KNOW, WHATEVER RECOMMENDATIONS THE COUNCIL DECIDES TO MOVE FORWARD, WE DO NEED TO LOOK AT THINGS OF THAT NATURE, BECAUSE IF WE GO THROUGH AND DO THE ZONING AND THEN SAY, YOU KNOW, WHAT KIND OF POWER USAGE, WE SHOULD BE TACKLING THAT AS WELL. ARE YOU GUYS OKAY WITH MINI NUCLEAR? ARE YOU GUYS OKAY WITH THAT SELF POWER, HOWEVER THAT'S GOING TO BE, RIGHT? LIKE, THAT SHOULD BE PART OF THE CONVERSATION NOW, BECAUSE OTHERWISE WE MIGHT HAVE ANOTHER NON-CONFORMING IF WE MAKE CHANGES IN THE FUTURE. SO LOOKING AT THIS HOLISTICALLY AND SAYING, HOW DO WE, YOU KNOW, WE CAN TALK WITH LEGAL ABOUT HOW DO WE, HOW DO WE WORK THE NON-CONFORMING FOR, BUT
[00:40:01]
KNOWING THAT THERE'S OTHER PERMITS PULLED, D- DO YOU MOVE FORWARD BEFORE THEY START WORKING, SO THAT WAY THEY'RE ARE IN COMPLIANCE, OR WE HAVE MORE NON-CONFORMING ONES THAT WE HAVE TO WORK WITH? THE ONE THING THAT CONCERNS ME, AND WE'VE TALKED ABOUT THIS BEFORE FROM PLANNING, W- WE DON'T WANT TO HAVE ANYTHING BE NON-CONFORMING WHEN WE CREATE THESE RULES. AND SO I THINK WE REALLY NEED TO LOOK AT THAT. WHEN YOU LOOK AT THIS AND SAY EVERYTHING THAT WE HAVE OUT THERE RIGHT NOW WOULD BE NON-CONFORMING. WELL, OKAY, THAT'S PROBABLY NOT A GOOD STARTING SPOT FROM MY SIDE. WE WOULD WANT TO MAYBE LIMIT THAT SOMEHOW. I DON'T KNOW WHAT ALL THOSE LIMITS ARE AND WHAT WE NEED TO GET TO, BUT I APPRECIATE YOU PUTTING ALL THIS TOGETHER. I KNOW IT'S A LOT OF STUFF. UH, YOU'VE GONE THROUGH A LOT OF TROUBLE. I PROBABLY WOULD HAVE, I KNOW YOU, YOU CHOSE VIRGINIA. I PROBABLY MAYBE WOULD HAVE LOOKED AT TEXAS AS WELL BECAUSE THERE ARE SOME LARGE ONES, YOU KNOW, AND SOME OF THE NUMBERS THAT YOU HEAR FROM THERE WHERE CITIES ARE ACTUALLY GETTING 30 TO 40% OF THEIR TAX REVENUE FROM ONE BUILDING. THOSE ARE HUGE NUMBERS, WHICH KIND OF GETS BACK TO ROGER'S POINT OF THE REVENUE SIDE OF THIS HAS GOT TO BE PART OF THE DISCUSSION AS WELL AS TO WHAT WE GET WHEN WE DO IT.BUT, UH, I APPRECIATE YOU DOING IT.
T- TONY, DID YOU, I SAW YOU RAISE YOUR HAND A FEW TIMES.
WAS THERE SOMETHING? I JUST WANT TO SPEAK QUICKLY TO THE NON-CONFORMING USE. TH- THERE'S A COUPLE OF DIFFERENT ISSUES THAT KIND OF CA- CAME UP IN THIS, AND THE FIRST THING I WANT TO POINT OUT IS, RIGHT NOW, DATA CENTERS ARE IN OUR CODE, BUT THERE'S REALLY NO REGULATION OF THEM. SO ADDING ANY SORT OF REGULATION, UH, YOU KNOW, EVEN THE MOST BASIC THING,.
THERE'S PRETTY MUCH, IT- IT- IT ISN'T GOING TO MATTER WHAT WE PUT IN. IF WE CHANGE IT, THAT AFFECTS THEM, RIGHT? UM, SO WE'RE GOING TO DEAL WITH THAT NO MATTER WHAT.
IT'S, IT'S NOT A DEATH KNELL, YOU KNOW, AND WE CAN FIND WAYS TO MITIGATE WHAT MIGHT HAPPEN SHOULD THEY WANT TO EXPAND OR SHOULD THEY WANT TO, YOU KNOW, CHANGE THINGS IN THE FUTURE.
UM, BUT THAT'S SOMETHING THAT WE'RE GOING TO HAVE TO INTERNALLY STRUCTURE BECAUSE THERE NEEDS TO BE SOME SORT OF, SOME SORT OF RELIEF VALVE, YOU KNOW, UH, BUILT INTO THE CODE THAT, THAT WE SHOULD CONSIDER. UM, AND THEN THE SECOND THING IS JUST ABOUT THE REGULATED INDUSTRY. I WANTED TO SPEAK TO THAT QUICK. UM, AND, AND I, MAYOR, I THINK YOU DID A GOOD JOB CLARIFYING THAT WE'RE NOT CREATING A NEW ZONE. UM, BUT WHEN YOU THINK ABOUT IT, YOU KNOW, UH, WE REGULATE LOTS OF THINGS THROUGH CONDITIONAL USE, SO ENTIRE INDUSTRIES, RIGHT, LIKE TRUCKING SERVICES, UM, I MEAN, CORRECTIONAL FACILITIES ARE HANDLED IN THAT WAY.
WHAT, WHAT THAT MEANS FOR CONDITIONAL USE IS YOU CAN'T JUST ALLOW IT BY RIGHT BECAUSE THE NATURE OF THE OPERATION HAS MORE CONSIDERATIONS THAN A, A, A TYPIC- YOU KNOW, LIKE SOMEBODY OPERATING A WAREHOUSE IN AN INDUSTRIAL DISTRICT THAT IS NOT MANU- YOU KNOW, THEY'RE PROCESSING PACKAGES.
THAT'S A LOT DIFFERENT FOOTPRINT, A LOT DIFFERENT IMPACT THAN, SAY, YOU KNOW, A, A MEAT PRODUCER OR, YOU KNOW, SOMEONE WHO'S PRODUCING CON- YOU KNOW, IT- EVERYTHING HAS DIFFERENT USES, AND SO THE CONDITIONAL USE, THE WHOLE POINT OF THAT IS, IS TO COME IN, CONSULT WITH THE CITY, AND THEN GO IN FRONT OF THE, UH, THE ZBA, WHO THEN EVALUATES EVERYTHING TO SAY, YES, THIS MAKES SENSE, OR NO, THIS DOESN'T MAKE SENSE, UM, AND THEN THEY HAVE TO ACT WITHIN THOSE PARAMETERS. SO, UM, WE HAVE A LOT OF THIS EXISTING STRUCTURE THAT'S NECESSARY, I THINK, TO REGULATE IT. IT'S JUST FIGURING OUT HOW TO PUT, YOU KNOW, UH, DATA CENTER GOVERNANCE IN- INTO THOSE STRUCTURES.
AND ONE THING MAYBE I WOULD RECOMMEND, AND MAYBE MORE FOR CHRIS, BUT ROGER KIND OF TALKED ABOUT THIS WHEN WE TALKED TO OTHER FOLKS, YOU KNOW, HAD WE TALKED TO THE ENERGY COMPANY OR THOSE TYPES OF THINGS. ONE THING I MAYBE ASK, COULD WE TALK TO SOME OF THESE COMPANIES THAT ARE DOING THIS AND SEE WHAT THEIR THOUGHT IS? AGAIN, MY WHOLE THOUGHT OF THIS IS WE'RE, THEY'RE A PARTNER WITH US AS WE DO THESE THINGS.
BUT WE'D LOVE TO SAY, YEAH, WE CAN JUST DO WHATEVER WE WANT TO DO BECAUSE, WELL, WE'RE THE GOVERNMENT, WE CAN JUST CREATE THESE THINGS AND WHATEVER.
BUT THEY ARE TAXPAYERS. WE DO WANT TO WORK WITH THEM, AT LEAST I DO, AND SAY WE WANT TO HAVE SOME TYPE OF PARTNERSHIP. THEY MIGHT EVEN GIVE US SOME INSIGHT. YOU KNOW WHAT, GUYS? WE'RE GOING DOWN THE WRONG PATH HERE.
WE'VE GOT THIS IN DEVELOPMENT, THIS IS WHERE THINGS ARE GOING.
YOU'RE PROBABLY NOT GOING TO HAVE TO DEAL WITH THAT TOO. I MEAN, THERE MIGHT BE SOME INSIGHTS THAT WE COULD GAIN THAT MIGHT HELP US WRITE THIS UP. UM, BUT AS WE GO THROUGH THIS AGAIN, I'M, I'M CERTAINLY NOT AGAINST WHAT WE'RE DOING. IT JUST MIGHT BE HELPFUL TO IF WE HAVE THEM AT THE TABLE AS WELL. I DON'T KNOW.
ANYBODY ELSE HAVE ANYTHING FOR CHRIS OR MOISES? IF, IF WE MOVE FORWARD TODAY,
[00:45:01]
WHEN YOU, WHEN YOU SAY NON-CONFORMING, THERE'S GOT TO BE A RELEASE. ANYTHING WE PUT IN, RIGHT? IF WE SAID, HEY, THEY HAVE TO LOOK MORE LIKE A, AN OFFICE BUILDING. IS THERE A WAY, LIKE, IF ONE OF THEM, IF THEY'RE NOT CONFORMING ALL OF A SUDDEN, AND ONE OF THEM IS, LET'S SAY THERE'S A FIRE, GOD FORBID, AND IT'S MORE THAN 50%, THEY'RE GOING TO WANT TO REBUILD. IS THAT SOMETHING WE CAN, LIKE, IS THERE A GRANDFATHER CLAUSE THAT THESE GUYS ARE IN, OR IS THERE SOMETHING? THEY WOULDN'T BE ABLE TO BECAUSE THE CODE SAYS YOU CAN ONLY REBUILD BACK UNDER THE CURRENT CONDITIONS OF THE CODE. SO THAT'S, THAT'S WHY IT TRULY IS, YOU KNOW,.YEAH, IT'S CONSIDERATION, BECAUSE THAT, TO ME, THAT THAT'S A, THAT'S A BIG PART OF THIS ASK WITH THE ZONING AMENDMENT IS LIKE WHAT IT MEANS THOSE EXISTING USES OUT THERE. AND I MEAN, I DON'T WANT TO, YOU KNOW, YOU KNOW, PLANT SEEDS, BUT THE SIMPLEST WAY IS TO SAY THIS APPLIES TO ALL NEW DATA CENTERS THAT COME IN FROM THIS POINT FORWARD. BUT THAT MIGHT NOT BE THE RIGHT THING, YOU KNOW, FOR WHAT WE'RE TR- FOR WHAT, YOU KNOW, COUNCIL AND THE MAYOR ARE TRYING TO ACCOMPLISH WITH THIS TEXT AMENDMENT.
BUT YEAH, I MEAN, I THOUGHT ABOUT IT, YOU KNOW, LIKE IT COULD BE A GUARD SHACK, YOU KNOW, THEY WOULDN'T BE ABLE TO PUT A GUARD SHACK OUT THERE.
I- IF THESE CODES ARE ADOPTED, SO.
I THINK THE NEXT STEP IS, AND I DON'T HEAR ANYBODY SAYING THAT THEY'RE NOT INTERESTED IN LOOKING ADDITIONALLY AT THESE RECOMMENDATIONS. THE NEXT STEP WOULD BE IS FOR, UM, CHRIS AND TEAM TO PUT TOGETHER A SUBCOMMITTEE OF THE DIFFERENT, UM, TEAMS HERE AT CITY HALL OR AT THE CITY THAT ARE AFFECTED AND START HAVING THE CONVERSATIONS HEAVILY WITH LEGAL AS FAR AS WHAT WE CAN AND CANNOT DO, UM, AND THEN BRING BACK TEXT AMENDMENTS TO YOU GUYS.
YEAH, OR VARIOUS OPTIONS, PERHAPS.
YEAH. I THINK WHEN YOU TALK ABOUT SUBCOMMITTEE TO CITY HALL, I THINK, LIKE DOUG SAID, WE NEED TO HAVE CYRUS SWAN AND GOOGLE THERE AND PEOPLE THAT ARE.
DOING THE INDUSTRY. MIDAM, UH, WATER.
YEAH, I MEAN, I THINK, I THINK THEY'RE PART OF THE SUBCOMMITTEE BECAUSE.
THEY'RE THE ONES GOING TO BE AFFECTED TOO, RIGHT? I MEAN, I THINK THAT IT CAN'T JUST BE, I MEAN, HERE, RIGHT? WE HAVE TO WORK WITH THEM.
WELL, THE THING IS THAT YOU C- WE CAN IN- WE COULD POSSIBLY MAYBE INVITE THEM TO, YOU KNOW, THINK TANK FOR UH, EARLY ON AND GET THEIR INPUT, BUT IN THE EVENT THEY DON'T WANT TO SHOW UP, I MEAN, THAT'S ON THEM. I WOULD IMAGINE THEY PROBABLY ALL WOULD BECAUSE IT.
AGREE. AND, AND I THINK IN THE END WE MIGHT HAVE DIFFERENT, UM, PLACES THAT WE'RE TRYING TO GET TO BECAUSE THEY'RE A BUSINESS, SO THEY'RE TRYING.
NO, I'M NOT SAYING WE'RE GOING TO AGREE WITH THEM, BUT I THINK YOU HAVE TO UNDERSTAND BOTH SIDES OF THE COIN TO, TO MAKE AN EDUCATED.
YEAH, I THINK WE NEED TO START WITH INTERNALLY, HOW, HOW DO WE ADDRESS THE ONES THAT ARE ALREADY THERE? WHAT DO WE KIND OF, HOW DOES THAT AFFECT, AND THEN BRING THEM IN FOR A SESSION? YEAH.
SO IF EVERYBODY'S OKAY WITH THAT, WE WILL MOVE FORWARD WITH PUTTING TOGETHER THAT SUBCOMMITTEE AND STARTING TO WORK THROUGH.
UH... BACK WHEN WE WERE CONSIDERING THE MORATORIUM, YOU KNOW, SOMETHING I, I TOLD YOU GUYS AT THE TIME WAS WHETHER YOU WANTED TO STOP OR NOT STOP, YOU KNOW, I, I'D REALLY DRAFTED IT TO TRY TO GET KIND OF WHAT WE'RE DISCUSSING RIGHT NOW, UH, THE, WHAT IS THE CITY'S POSITION IN ALL OF THIS? WHAT'S OUR CURRENT STATUS? UH, BUT IN RESEARCHING THAT, YOU KNOW, UH, THE, THE PROCESS THAT UNFOLDED WAS, IT'S PROBABLY BEST FOR US TO GET AN IDEA FROM A CITY PERSPECTIVE EXACTLY WHAT WE'RE KIND OF LOOKING AT, UM, BUT THAT ULTIMATELY THIS SHOULD PROBABLY GET REFERRED TO THE PLANNING COMMISSION, AND THAT'S TRADITIONALLY THE PLANNING COMMISSION. UM, I DON'T KNOW THAT OURS HAS ALWAYS OPERATED THAT WAY, BUT UNDER STATE LAW, TYPICALLY THAT THAT'S KIND OF WHERE THIS COMMITTEE, UH, STUFF GOES IN TERMS OF, UM, WHEN YOU'RE, WHEN YOU'RE TALKING ABOUT ZONING REQUIREMENTS AND ZONING, YOU KNOW, UH, ASPECTS, HAVING THE INDIVIDUALS ON THE PLANNING COMMISSION, BECAUSE ULTIMATELY ANY, UH, TEXT AMENDMENT THAT COMES THROUGH, IT, YOU KNOW, YOU GUYS BY LAW CANNOT JUST AUTHORIZE A TEXT AMENDMENT. IT HAS TO GO TO PLANNING COMMISSION.
NOW, SOMETHING COULD COME OUT OF PLANNING COMMISSION WITH AN APPROVAL OR, YOU KNOW, RECOMMENDATION TO DENY IT.
YOU'RE NOT BOUND BY THAT RECOMMENDATION, BUT IT DOES HAVE TO GO THROUGH THAT PROCESS, WHICH IS WHY THE PROCESS IS TYPICALLY BUILT AROUND, UM, KIND OF TAKING IT OFF YOUR SHOULDERS, LETTING PLANNING COMMISSION FIGURE OUT KIND OF THE, THE INS AND OUTS OF WHAT'S APPROPRIATE, WHAT'S NOT APPROPRIATE, AND GETTING, YOU KNOW, A, A, BUT, YOU KNOW, WHETHER YOU WANT TO DIRECT THE CITY TO, TO DO SOMETHING FIRST AND BEFORE WE EVEN GET TO PLANNING, OR IF YOU WANT TO DIRECT SOME OF THIS TO OFFLOAD TO PLANNING NOW, UM, I THINK THAT THAT'S PROBABLY SOMETHING YOU SHOULD... I JUST DON'T WANT YOU
[00:50:05]
TO C- I DON'T WANT CHRIS TO PUT A BUNCH OF WORK AND COME BACK WITH A TEXT AMENDMENT AND YOU GUYS KIND OF BE CAUGHT OFF GUARD THAT, OH, THIS KIND OF HAS TO GO THROUGH THE PROCESS OF PLANNING TOO.WOULD YOU, WOULD YOU PREFER ANY DATA CENTER SITE JUST HAVE A DEVELOPMENT PLAN? I MEAN,.
WOULD THAT BE EASIER FOR YOU? YOU KNOW WHAT I'M-.
IT'S NOT ABOUT WHAT'S EASIEST FOR ME.
I GUESS I, I KIND OF PUT THE QUESTION BACK TO THE COUNCIL. I MEAN, DOES COUNCIL WANT TO BE INVOLVED IN EVERY DATA CENTER THAT GETS ESTABLISHED IN THE CITY, OR ARE YOU ONLY CONCERNED WITH THE HYPERSCALERS AND ARE OKAY WITH LETTING THE ZONING BOARD OF ADJUSTMENT DEAL WITH THE SMALLER ONES OR LETTING STAFF DEAL WITH THE SMALLER ONES? ME, I WOULD SAY, I, I THINK IT'S IMPORTANT THAT COUNCIL HAVE A SAY SO IN THESE LARGE HYPERSCALERS. I THINK THE SIZE AND MAGNITUDE OF THOSE OPERATIONS REQUIRE A PUBLIC HEARING AND SOME PUBLIC DISCUSSION. I, I, I BELIEVE THAT. THE CYRUS ONES,.
THEY HAVE FIT IN SEAMLESSLY IN THAT INDUSTRIAL PARK, YOU KNOW, THE.
BUT THEY WOULDN'T BE, IF WE DID THIS, THEY WOULDN'T FIT WITH WHAT YOU'RE SAYING. SO, I MEAN, I GET WHAT YOU'RE SAYING. THEY DO FIT IN SEAMLESSLY. THEY'RE DOING, IT'S A GREAT JOB DOWN THERE, BUT.
THEY WOULD HAVE JUST HAD TO MOVE ON THEIR PROPERTY.
THEY WOULD HAVE JUST HAD TO MOVE NORTH.
THEY WOULD HAVE HAD TO MOVE NORTH 100.
IT'S JUST WHERE THEY PUT THEIR BUILDING IS WHAT MADE THEM NON-CONFORMING. IF THEY WOULD HAVE, IF WE WOULD HAVE SAID YOU HAD TO BE HERE, THEY STILL COULD FIT THERE. IT JUST, THEY WOULD HAVE HAD TO BUILD A LITTLE BIT NORTH ON THEIR PROPERTY.
SO THE QUESTION IS, DO WE ALLOW DATA CENTERS IN THE COMMUNITY THAT ALWAYS REQUIRE SOME FORM OF PUBLIC HEARING PROCESS, OR ARE THERE SIZE OR POWER USAGE THAT WE'RE OKAY ALLOWING BYRIGHT AND OTHERS WITH THE PUBLIC HEARING PROCESS? I THINK THAT'D BE HELPFUL TO KNOW.
YOU MENTIONED SIZE, AND YOU TALKED ABOUT THE MEGAWATTS, I THINK, PRIMARILY AS THE ONE DO, ARE WE WORRIED ABOUT SQUARE FOOTAGE? I KNOW ONE OF THE THINGS YOU MENTIONED WAS A FLOOR AREA, AND I DIDN'T KNOW IF YOU WERE TALKING ABOUT JUST THE SQUARE FOOT OF THE ONE, OR IF THIS YOU'RE TAKING SQUARE FOOTAGE OF EVERY FLOOR THAT THEY'RE USING, OR WHAT THEY ARE DOING.
THAT WAS JUST A, SO IT WAS JUST, UH, PROVIDING CONTEXT AS TO WHAT OTHER COMMUNITIES HAVE DONE. SO WE'RE PROVIDING EXAMPLES. SO DES MOINES, IOWA, UH, UH, UH, PROVIDES THAT DISTINCTION BASED ON FLOOR AREA. UM, OTHER COMMUNITIES, UH, DO THE POWER CAPACITY, AND WE'VE THOUGHT THAT THE BEST APPROACH WOULD BE TO, UH, SEPARATE SMALL-SCALE VERSUS LARGE-SCALE, UH, DATA CENTERS BASED ON POWER CAPACITY. UH, WE CAN TAKE THE OTHER APPROACH AS WELL, BUT WE THOUGHT THAT THAT WAS THE BEST METHOD, SO.
ONE THING I'D POINT OUT IN MOISES' SLIDES, I DON'T KNOW IF YOU CAUGHT IT, BUT IT'S FOR THE WHOLE SITE.
SO WHAT WE DIDN'T WANT IS SOMEBODY SAYING, OH, WE'RE GONNA BUILD A BUNCH OF LITTLE SO WE GET IN THE SMALL-SCALE, BUT IT ACTUALLY ENDS UP BEING A VERY LARGE. SO IT'S PER SITE, NOT PER BUILDING.
COULD WE DO AN EITHER OR THING WHERE WE, YOU KNOW, I THINK BACK TO YEARS AGO WHEN I USED TO BE A COMPUTER NERD AND WRITE CODE AND, AND, YOU KNOW, AN IF THEN TYPE OF THING WHERE, OKAY, THIS MUCH, IF IT'S THIS WIDE, THIS FOOTPRINT, THIS SQUARE FOOTAGE, OR ABOVE X AMOUNT OF POWER. SO WE'VE GOT A, A CONEX SIZE DEAL, BUT IT'S BRINGING IN MORE POWER THAN, YOU KNOW, AND PEOPLE START TO GLOW WHEN THEY GO BUY IT, AND THAT WOULD OBVIOUSLY, MAYBE WE SHOULD DO BOTH, I GUESS, IS WHAT I'M SAYING.
YEAH. I THINK SQUARE FOOT'S A BIG ONE FOR OTHER THINGS THAT WE HAVE IN THE CODE, AND I THINK IT MIGHT BE SOMETHING TO CONSIDER HERE AS WELL WHEN WE START TALKING ABOUT THE SIZE. I KNOW THAT'S THE ONE I HEAR FROM THE PUBLIC THE MOST AT THE, UH, I'LL JUST SAY THE OLD IOWA WESTERN GROUND.
IT'S A MONSTROSITY, RIGHT? THEY SAY IT'S HUGE, AND, UM, THAT'S A, IT IS A BIG FACILITY, BUT IT'S GONNA BE TALL AS WELL, AND I KNOW YOU.
WELL, THAT ONE'S, THAT ONE'S SHORTER THAN.
AND I WAS GONNA SAY, YOU'VE LIMITED THAT.
WE MADE HIM, WE MADE HIM SHRINK IT.
CORRECT. YOU, YOU BROUGHT THAT BACK, SO I THINK THAT PROBABLY NEEDS TO BE TAKEN INTO ACCOUNT AS WE LOOK AT THOSE THINGS, SO.
ALL RIGHT, NEXT UP, WE'RE GOING TO REVIEW THE AGENDA. ANY QUESTIONS ON THE CONSENT AGENDA? JUST, I HAD ONE ON 697, THE RECYCLE CENTER.
UH, 1. HOW, HOW MANY EMPLOYEES DO WE HAVE WORKING DOWN THERE NOW? UH, WELL, WHEN WE OPENED IN 1997, WE HAD 3.
THAT'S WHEN THE FACILITY WAS REDEVELOPED FROM ITS PREVIOUS TRUCKING LINE.
SO THIS WASN'T AS BIG OF A CONCERN BACK THEN,.
RIGHT? UH, AND SO NOW WE'RE UP TO 13 FULL-TIME EMPLOYEES.
UH, WITH 2 RESTROOMS IN THAT MAIN BUILDING.
AND THIS WILL EXPAND US TO 4 RESTROOMS AND ALL ADA COMPLIANT, YOU KNOW, BRING US UP TO CODE, UH, ADD, WE CURRENTLY HAVE ONE MAIN
[00:55:04]
LOCKER ROOM. THIS WILL SEPARATE THAT SPACE INTO TWO,.MEN'S AND WOMEN'S, UM, AND IT'S ALL NEW, GUTTED DOWN TO THE, TO THE STUDS, NEW HVAC, EVERYTHING.
THAT, THAT WOULD EXPLAIN SOME OF THE COSTS THEN, I THINK, AS TO WHY IT'S KIND OF HIGH.
SEEM PRETTY EXPENSIVE FOR JUST AN ADDITION LIKE WHAT WE WERE TALKING ABOUT, BUT IF YOU'RE GOING TO DO ALL THE REST OF THAT AS WELL.
YEAH, COMPLETE DOWN TO THE BARE CONCRETE STUDS.
ANY OTHER QUESTIONS ON CONSENT AGENDA? ALL RIGHT, UH, PUBLIC HEARINGS 5A.
CHRIS, I THINK YOU HAVE A FEW OF THEM HERE.
OKAY, SO 5A, THAT'S A CONTINUATION OF THE ALLEY VACATION OFF OF HIGH STREET. WE ASKED FOR YOU TO CONTINUE IT TO THIS MEETING IN HOPES THAT WE CAN MAKE CONTACT WITH THE REMAINING PROPERTY OWNERS TO SEE IF THEY WANTED THEIR HALF OF IT OR DID, OR THEY DID NOT. UH, WE'VE NOT BEEN ABLE TO GET, GET A HOLD OF THEM. WE'VE NOT RECEIVED THEIR PETITIONS BACK.
THEREFORE, WE'RE ASKING FOR YOU TO DENY THE ALLEY VACATION REQUEST SO THAT WE DON'T CREATE A SITUATION WHERE PORTIONS OF IT WILL BE DEDIC- OR BE DEEDED TO ADJACENT LANDOWNERS, AND WE, THE CITY, ARE LEFT BACK WITH A COUPLE OF, YOU KNOW, 6 BY 41 STRIPS OF LAND THAT WE WON'T EVEN BE ABLE TO GET TO.
SO WE'RE UNFORTUNATELY SAYING WE'RE RECOMMENDING DENIAL OF.
DO WE, YOU MENTIONED YOU SENT LETTERS TO THEM, AND I KNOW ONE OF THE PROPERTY OWNERS, I BELIEVE, IS A, UH, INVESTMENT OWNER OR INVESTMENT.
DO WE TRY AND CALL THEM SOMEHOW OR GET A HOLD OF THEM IN OTHER WAY THAN THE LETTER, OR IS THE LETTER THE ONLY OPTION? WE WERE ALSO WORKING THROUGH THE APPLICANT, YOU KNOW, BECAUSE THEY HAD.
POINTS OF CONTACT, BUT THEY TOO WERE NOT SUCCESSFUL, IT SOUNDS LIKE, IN GETTING A HOLD OF THEM. BUT, BUT WE DON'T USUALLY CALL PEOPLE. NO, WE, WE TRY TO SEND A LETTER TO WHERE THE TAX BILL GOES, YOU KNOW, AND, AND RECEIVE RESPONSES BACK THAT WAY. AND WE DON'T SEND CERTIFIED LETTERS EITHER. THE CODE DOESN'T REQUIRE THAT.
CHRIS, ADDITIONAL ITEMS? UH, YES, SO, UH, ITEM 5B, THIS IS A R- SO 5B AND 5H ARE, ARE TOGETHER. THIS IS FOR RESOURCE RENTAL OFF NORTH 16TH STREET. THE FIRST ONE IS TO CONSOLIDATE ALL THE LOTS THAT THEY'VE ACQUIRED OVER THE LAST COUPLE DECADES INTO 2 PARCELS OF LAND. UH, COUNCIL HAS PREVIOUSLY REZONED THOSE TRACTS OF LAND, AND SO, UH, THIS IS NOW TRYING TO GET IT INTO 2 TRACTS WHERE THEY CAN NOW MOVE FORWARD THEIR CONDITIONAL USE PERMIT. AND THEN 5H, UM, IS FOR THE REAP.
SO, SO 5B IS THE REZONING TO FINISH GETTING IT TO C2, AND THEN 5H IS THE, THE REPLAT OF THOSE, THOSE PARCELS.
AND THE APPLICANT IS REQUESTING WAIVE THIRD ON THAT ORDINANCE PART.
THEY ARE CORRECT. AND THEN 5G, UH, THIS IS FOR A FINAL PLAT FOR PROFLEET. UH, THIS IS OFF THAT PROPERTY THAT, UH, TOMES OWNS OFF SOUTH 11TH STREET. THERE'S A CELL TOWER THERE. IT'S IMMEDIATELY WEST OF THE EDWARDS, UM, KIND OF MOTOR CAMPUS. UH, TH- THIS COMPANY HERE OUT OF MINNESOTA IS BUYING THE PROPERTY AND PUTTING IN A PARKING LOT FOR FLEET VEHICLES TO PARK AND STAGE TRAILERS OVERNIGHT AND AS THEY'RE, YOU KNOW, GOING ACROSS THE UNITED STATES, SO.
WHEN YOU SAY FLEET VEHICLE, THIS IS MORE SEMIS, RIGHT? CORRECT.
I WAS JUST GONNA ASK IF THERE WAS A TRAFFIC STUDY, BECAUSE THOSE ARE SMALL TWO-LANE ROADS.
BECAUSE I, I SAW THE PLANNING COMMISSION GAVE THE, OR THE ZBA GAVE A CONDITIONAL USE PERMIT, BUT THERE WAS NO, I MEAN, THAT'S A, I WENT DOWN THERE AND LOOKED, THERE'S TWO-LANE ROADS. I DON'T KNOW IF SEMIS ARE A GREAT SPOT DOWN THERE.
A TRAFFIC STUDY WAS NOT COM- WAS NOT COMPLETED, BUT I MEAN, THERE'S TRUCK TRAFFIC GOING THROUGH THAT AREA RIGHT NOW WITH SOME OF THOSE EXISTING.
THIS WOULD BE A LOT MORE. IT'S 11 ACRES OF TRUCK TRAFFIC.
DO WE KNOW HOW MANY TRUCKS THEY'RE THINKING ABOUT? I MEAN, THEY'RE, IT LOOKED LIKE THEY GOT A LOT OF SPACES WHEN THEY DO THE 11 ACRES, SO IT'S GOING TO BE A LOT, RIGHT? IT WOULD BE, YEAH. BUT YOU GOT TO KEEP IN MIND, NOT EVERY STALL IS FULL EVERY NIGHT.
THERE'S DROP-OFFS, PICK-OFFS, DROP-OFFS, PICK-OFFS, BUT I DON'T KNOW THE EXACT AMOUNT OFFHAND, BUT, BUT THIS REQUEST HERE IS FOR THEIR SUBDIVISION PLAT. I MEAN, THE USE HAS ALREADY BEEN APPROVED BY THE ZONING BOARD OF ADJUSTMENT. THEY JUST NEED TO CONSOLIDATE THESE THREE TRACTS INTO ONE PARCEL OF LAND.
YEAH, I GUESS, WHY WOULD ZONING BOARD OF ADJUSTMENTS NOT WANT A TRAFFIC STUDY? JUST OUT OF CURIOSITY.
WELL, I THINK JUST THE NATURE OF THE OPERATION, I MEAN, BEING YOU'RE AN INDUSTRIAL AREA, THERE'S OTHER TRUCK TRAFFIC IN THAT VICINITY GOING THROUGH IT, IT, THEY JUST DIDN'T ASK FOR ONE. I MEAN, ALSO, BY THE TIME IT GETS TO THE ZONING BOARD OF ADJUSTMENT, I MEAN, IT'S GONE THROUGH STAFF REVIEW, AND AS FOR WHAT I RECALL, THERE WASN'T A STAFF REQUIREMENT FOR A TRAFFIC STUDY, SO.
SEEMS LIKE THERE'S JUST GONNA BE, IT'S...
THEY'RE SAY THEY ALREADY QUEUE
[01:00:02]
UP PRETTY GOOD AT CERTAIN TIMES OF THE DAY RIGHT THERE, NOW WE'RE GONNA ADD A 100 MORE TRUCKS.I, I CAN TELL YOU THAT THEY DISCUSSED IT AT ZBA. UH, I WAS THERE FOR THE MEETING, UM, AND THE DEVELOPER WHO, WHO WAS PRESENT, YOU KNOW, WAS EXPLAINING HOW THIS OPERATION WORKS, RIGHT? UM, AND BECAUSE IT IS A, REALLY, IT'S LIKE AN OVERNIGHT OR STORAGE FACILITY, YOU KNOW, YOU COULD LEAVE, YOU KNOW, MAYBE YOU'RE HOME FOR THE WEEKEND, YOU DON'T WANT TO PARK IT AT YOUR HOUSE, YOU PARK IT THERE UNTIL YOU'RE READY, BUT ESSENTIALLY PEOPLE COME AND GO AT SUCH DIFFERENT TIMES THAT THERE'S NEVER REALLY A LOG JAM IN OR OUT OF THE FACILITY.
UM, AND THIS DEVELOPER, I THINK, HAD PRESENTED DATA FROM SIMILAR, UH, PARKING LOT, LIKE, YOU KNOW, TH- TH- THIS BUSINESS MODEL, UM, AND THERE WAS A D- WHOLE DISCUSSION ABOUT PRIOR DATA OF HOW FREQUENTLY PEOPLE COME AND GO, WHAT THE VOLUME OF TRAFFIC LOOKS LIKE, UM, BECAUSE THOSE, THOSE WERE RAISED, AND I DON'T REMEMBER THE SPECIFIC ANSWERS, BUT, UH, I KNOW THAT THERE WAS A DISCUSSION, AND I KNOW THE DEVELOPER KIND OF, UH, ADDRESSED AND MASSAGED TH- THOSE CONCERNS. UM, I WISH I HAD THE DIRECT RESPONSES TO PROVIDE TO YOU GUYS, BUT, UM, IT WAS DISCUSSED, AND AND, UH, MY MY RECOLLECTION IS ESSENTIALLY... THE DATA SAID THAT THEY DON'T COME AND GO, LIKE, IT IT'S NOT EVERYBODY GOING ALL DAY, EVERY DAY. IT'S, YOU KNOW, MAYBE 10% OF THEIR CARS OR SEMIS WILL GO AND LEAVE AND COME BACK WITHIN A 24-HOUR PERIOD.
I JUST LOOKED UP THE GOOGLE STREET VIEW. THERE'S A BIG SIGN THAT SAYS NO SEMIS ALLOWED.
BUT, YEAH, I JUST... IF WE CONNECT THEM ALL, ARE THEY GOING TO PAVE THAT ENTIRE THING? THEY ARE.
YEAH. CORRECT. AND THEY'RE GOING TO GATE IT WITH SOME LANDSCAPING IN THE FRONT, AND THERE'LL BE, UM, LIKE A SECURED ENTRANCE, YOU KNOW, AFTER HOURS SO TRUCKERS CAN GET IN AND OUT. IT'S AN UNMANNED FACILITY, SO.
YEAH, I DON'T HAVE ANY ISSUE WITH IT BEING THERE. I JUST GET CONCERNED. WE HAVE TWO LANE ROADS ON 32ND AVENUE AND TWO LANE ROADS ON SOUTH 11TH, AND THAT'S IT. THAT'S THE ONLY WAY TO GET IN OR OUT OF THE FACILITY. YOU HAVE A LOT OF POTENTIAL TRUCKS THAT GO IN AND OUT OF THERE. UM, I JUST DON'T WANT TO DISRUPT ANYBODY ELSE. YOU, YOU GOT GOOD BUSINESSES DOWN THERE THAT HAVE BEEN HERE FOR A LONG TIME. YOU HATE TO INCONVENIENCE OR IMPOSE ISSUES ON THEM, BUT I DON'T WANT TO KEEP ANYBODY FROM DOING ANYTHING IN THE COMMUNITY AS WELL. SO I JUST, I'M KIND OF LIKE ROGER, AND I SAID THIS BEFORE WITH SOME OF THE APARTMENTS THAT WENT UP, SAYING I'D LIKE TO SEE TRAFFIC STUDIES IN SOME OF THOSE AREAS. WHEN YOU START TALKING TWO-LANE ROADS, IT'S JUST TOUGH, UH, BECAUSE YOU DON'T HAVE ANYWHERE ELSE FOR TRAFFIC TO GO. SO.
ONE OF THE THINGS THAT HASN'T BEEN MENTIONED YET, AND CHIEF, MAYBE YOU CAN DISCUSS THIS, WE'VE GOT A FIRE STATION DOWN THERE FOR, YOU KNOW, THAT SECTION OF TOWN, AND IF WE, AGAIN, IF IF WE'RE WE'RE PACKED UP AND YOU'RE TRYING TO PULL A SEMI OFF OUT OF THE WAY, IT'S A KIND OF A ROUGH GO. SO NOW WE ARE WE GOING TO END UP HAVING FIRE TRUCKS TRYING TO GET OUT, AND THERE'S A BIG QUEUE OF, OF, YOU KNOW, 50 TRUCKS IN THE MORNING BECAUSE EVERYONE'S GETTING ON THE ROAD FOR THE MORNING, BUT MY HOUSE CATCHES FIRE, AND NOW INSTEAD OF THEM TAKING 4 MINUTES TO GET THERE, IT TAKES 20 BECAUSE THEY'RE TRYING TO WEAVE THROUGH TRAFFIC, TRYING TO GO AGAINST THE GRAIN, WHICH I IMAGINE WE PROBABLY DON'T REALLY DO, BUT HAVE, CHIEF, HAS ANYONE, HAVE YOU HAD ANY INPUT ON THIS AT ALL? I'M SORRY, I KNOW YOU'RE JUST NEW TO THE, THE SITUATION. I DON'T MEAN TO THROW THINGS IN YOUR LAP.
DID HE, DID HE SAY HOW MANY TRUCK- I MEAN, 11 ACRES, DID HE SAY A NUMBER OF TRUCKS THAT HE'S GOING TO HAVE PARKED THERE ON A DAILY BASIS OR ANYTHING? I'D HAVE TO GO BACK AND LOOK, ROGER. I DON'T KNOW IT OFFHAND, BUT I MEAN, AGAIN, WHERE, WHERE THE ZONING BOARD WAS AT, THEY ASKED SOME OF THE SAME QUESTIONS, AND HE WAS VERY ADAMANT. THIS ISN'T LIKE TRUCKS, YOU'RE NOT HAVING LIKE, YOU KNOW, BACKUP OF TRUCKS GOING INTO THE SITE. IT KIND OF STAGGERS THROUGHOUT THE DAY. I MEAN, THERE COULD BE A TRUCK PARKED THERE FOR A WEEK OR SO, YOU KNOW, WHILE A GUY'S ON VACATION, YOU KNOW, AND COMING BACK TO PICK IT UP. SO IT'S NOT, WHILE THERE MAY SEE LIKE A HUNDRED DIFFERENT STALLS THERE, YOU'RE NOT HAVING A HUNDRED TRUCKS EVERY DAY KIND OF IN AND OUT. BUT I CAN, I CAN GO BACK WITH THE CONDITIONAL USE PERMIT AND SEE WHAT THAT NUMBER WAS FOR YOU.
YEAH, I'D LIKE THAT. I MEAN, WHEN WE LOOK AT THE SITE PLAN THERE, I GUESS HOW MANY SPOTS ARE THERE? HOW, IF, IF IT WAS FULL, HOW MANY TRUCKS WOULD BE THERE? BECAUSE THIS LOOKS LIKE A TON. THAT, YEAH, I KNOW YOU DON'T.
I DON'T HAVE, BUT AGAIN, I JUST WANT TO EMPHASIZE THAT I HEAR WHAT YOU'RE SAYING, BUT, BUT THIS IS ABOUT A SUBDIVISION. THE USE, I MEAN, THE BOARD DECIDED ON THE USE, LIKE IT'S.
THEY, THEY CAN GO THERE, AND THE APPEAL PROCESS IS OVER WITH. I MEAN,
[01:05:02]
THEY'RE ALLOWED TO OPERATE.SO EFFECTIVELY, THEY DON'T REALLY EVEN NEED US TO DO ANYTHING. THEY JUST PAVE 3 SPOTS.
WELL, NO, THEY NEED TO CONSOLIDATE INTO ONE TRACT OF LAND.
THEY SHOULD DO THAT, BUT, BUT THE USE HAS BEEN DECIDED UPON IT. AND TRAFFIC STUDIES, I, IF THAT'S SOMETHING THAT YOU WANT US TO LOOK MORE INTO, I THINK WE CAN DO THAT. THERE SHOULD PROBABLY JUST BE SOME CLARITY AS TO USES AND SITUATIONS THAT YOU WANT TO SEE THOSE TRAFFIC STUDIES AND WHEN YOU DON'T, BECAUSE.
YOU KNOW, WHEN WE ASK FOR THOSE THINGS, I MEAN, IT'S NOT ALWAYS WELL RECEIVED EITHER. AND SO I JUST, GIVING US SOME GUIDANCE WHEN YOU WANT AND WHEN YOU DON'T WANT, I THINK WOULD BE HELPFUL ALSO TO STAFF.
CHRIS, AND AGAIN, I DON'T MEAN TO PUSH YOU OUT HERE, BUT CHIEF, DO YOU HAVE ANY, TO MY PREVIOUS COMMENTS, DO YOU HAVE ANY COMMENT ON, ON-.
I MEAN, THE SEMI-TRAFFIC, OF COURSE, WOULD BE A CONCERN IF IT WAS GOING TO NEGATIVELY IMPACT US.
OUT OF THE STATION, UH, BUT NOT SEEING THAT, I, I CAN'T REALLY.
OFFER A WHOLE LOT OF INPUT ON THAT.
YOU ONE, ONE QUESTION FROM MY OLD DAYS? MARK WILL LAUGH PROBABLY. UH, WHERE'S OUR WATER RETENTION WITH 11 ACRES OF PAVEMENT. ARE THEY PUTTING TANKS IN UNDERNEATH? IT'S FACTORED INTO IT. THERE'S LIKE BUFFER YARDS ON THE SOUTH SIDE OF THAT, AND I BELIEVE TOWARDS THE WEST THAT THEY'RE GOING TO BE USING FOR WATER RETENTION.
OKAY, I DIDN'T SEE I, MAYBE YOU COULD DO SOMETHING IN THE MIDDLE WHERE THEY HAVE THAT, BUT I MEAN, THAT'S A, THAT'S GOING TO BE A PRETTY BIG CONCRETE BLOCK, RIGHT? HE GIVES ME SO MUCH GRIEF ABOUT THIS.
IF YOU LOOK AT THE PLAN, THE CENTER ISLAND,.
THEY PLAN TO USE THAT AS DETENTION.
WHEN WE HAD OUR CONCEPTUAL MEETINGS WITH THEM, THEY'RE SHOWING A TON OF PAVEMENT. I DON'T DISAGREE.
WITH YOU, BUT IT SOUNDED LIKE IT WAS GOING TO BE VERY LIGHT USE. SO, WE'RE, WE, WE DID PUT STORMWATER IN. WE DIDN'T REQUIRE, DUE TO THE AREA BEING INDUSTRIAL ALREADY, WE DIDN'T REQUIRE A TRAFFIC STUDY DUE TO WHAT THEY WERE PROPOSING TO US.
WHEN YOU SAY PROPOSING, YOU THINK IT'S SOMETHING DIFFERENT NOW? WELL, YOU SAID IT WAS LIGHT. THIS WOULD NOT, TRUCKS WOULD NOT BE LIGHT.
WHEN I SAY LIGHT NUMBER OF TRUCKS.
I, AND I UNDERSTAND THAT, BUT IF IT'S A LIGHT NUMBER OF TRUCKS, YOU WOULDN'T HAVE 150 OR 200 SPOTS. THAT DON'T MAKE NO SENSE.
YEAH, IT JUST SEEMS ODD THEY'D SPEND ALL THAT MONEY ON CONCRETE AND THEN NOT USE IT.
I WOULD, I WOULD THINK OF IT MORE LIKE A, LIKE A STORAGE UNIT, RIGHT? LIKE THERE'S A THOUSAND STORAGE UNITS IN A LARGE BUILDING. NOT ALL OF THEM ARE, PEOPLE ARE COMING AND GOING ON THE SAME DAY, RIGHT? TRY TO PUT IT.
KIND OF FROM THAT PERSPECTIVE. SO YES, THERE WILL BE TRUCKS COMING AND GOING, BUT THERE'S NOT GOING TO BE A LINE OF THEM EVERY SINGLE DAY AT 8 A. M. AND THEN COMING BACK AT 5 P. M.
AND CHRIS, I AGREE, LIKE, YOU CAN'T READ OUR MIND ON WHEN WE WANT A TRAFFIC SERVER AND WHEN WE DON'T, BUT WE DON'T KNOW UNTIL WE SEE WHAT'S GOING TO COME UP. SO I CAN'T, YOU KNOW, I CAN'T TELL YOU I'M GOING TO WANT IT NEXT TIME, AND I DON'T KNOW WHAT THE NEXT SITE'S GOING TO BE, RIGHT? LIKE, WE CAN'T GUESS WHAT'S GOING TO GO INTO THESE PROPERTIES, BUT...
WE CAN ADD THE COUNCIL TO THE ZBA PACKET.
BUT WE, I MEAN, THE COUNCIL DOESN'T ISSUE CONDITIONAL USE PERMITS, SO.
NO, BUT IF YOU WOULD LIKE TO SEE SOMETHING WHEN YOU SEE THE PACKET, THEN YOU COULD REACH OUT TO CHRIS AND LET HIM KNOW THAT YOU WOULD LIKE TO SEE THE TRAFFIC STUDY. WE CAN WORK ON IT.
OKAY. ANYTHING ELSE, CHRIS? I HAVE OTHER ITEMS, I HAVE OTHER ITEMS UNDER SECOND READING, BUT YOU WANT ME TO COME BACK OR DEAL WITH.
OKAY. UH, ITEM 6B, SO THIS DEALS WITH OUR EAST MANAWA SUBDIVISION. THIS IS ESTABLISHING THE TIF ORDINANCE SO THAT WE CAN REIMBURSE OURSELVES BACK FOR THE BONDS THAT WE'VE TAKEN OUT TO HELP PAY FOR SOME OF THE INFRASTRUCTURE. UM, ITEM 6P, THAT IS TO, UH, LEVY LIENS AGAINST PROPERTIES THAT WE'VE HAD TO DO NUISANCE ABATEMENTS ON.
SORRY, YOU'RE RIGHT, 7P. I'M SORRY, I'M JUMPING AHEAD HERE.
YEAH, SO THERE'S ABOUT $17,000 WORTH OF CLEANUPS THAT WE DID NOT GET REIMBURSED BACK FOR FROM THE... UH, THIS DEALS WITH SOLID WAYS, UM, AND REMOVING OF, UH, NUISANCE WEEDS ON PROPERTIES.
WE TALKED ABOUT THIS BEFORE, AND I WAS, YOU JUST BLEW ME AWAY WHEN YOU'RE LIKE, DOUG, SOME OF THESE PEOPLE JUST LET US DO IT, AND THEN WE HAVE TO BILL THEM. DO WE HAVE ANYTHING IN THERE FOR REPEAT OFFENDERS WHERE MAYBE THE COST GOES UP A LITTLE BIT MORE IF THOSE PEOPLE ARE NOT TAKING CARE OF THEIR STUFF? NOT SPECIFICALLY, BUT I DO THINK THAT'S A SECTION OF OUR CODE THAT NEEDS TO BE ADDRESSED, BECAUSE THERE ARE PEOPLE WHO WILL NOT MOW THEIR LAWN UNTIL WE SEND THEM A LETTER.
AND THEN WHEN WE SEND THEM A LETTER, THEY STILL WON'T MOW IT, AND WE MOW IT FOR THEM, AND THEY DON'T PAY THE BILL. I MEAN, THEY'RE.
THERE ARE FOLKS OUT THERE WHO, WHO LOOK AT THE CITY AS THEIR MOWING CREW, AND UNFORTUNATELY WE'RE NOT, BUT OUR REMEDIES REALLY ARE A CIVIL CITATION, OR YOU CAN TRY TO DO A MISDEMEANOR INFRACTION, BUT, YOU KNOW, THAT'S THE MISDEMEANOR PART TAKES, YOU KNOW, A LITTLE BIT LONGER. SO.
I DO THINK IT'S SOMETHING IN OUR CODE THAT, THAT WE SHOULD LOOK AT WHEN WE GO BACK AND DO AN UPDATE OF IT, ALONG WITH SOME OTHER SECTIONS THAT DEAL WITH REMOVAL OF JUNK MOTOR VEHICLES, SOLID WASTE, AND WEEDS FROM PROPERTIES.
[01:10:01]
BECAUSE YOU HAVE THE DATA, RIGHT? I MEAN, YOU KNOW WHO YOU'RE DOING THIS FOR, AND YOU'RE KEEPING TRACK OF IT, SO YOU KNOW IF IT'S A SOMEBODY THAT'S YOU'VE BEEN DOING.YEAH, I MEAN, I COULD PROBABLY TELL YOU.
I WON'T DO IT, BUT, YOU KNOW, 5 PEOPLE RIGHT NOW CAN WHO, YOU KNOW,.
WE'RE MOWING THEIR LAWN EVERY YEAR.
YEP. OKAY, UH, 7Q. SO 7Q, THIS IS TO SUBMIT AN APPLICATION TO IEDA FOR ANOTHER ROUND OF CDBG DISASTER RECOVERY FUNDS.
UH, THIS IS THE SAME GRANT FUNDING THAT WE'RE USING RIGHT NOW TO BUILD THE FORCE FOR THE FIRST 40 UNITS IN EAST MANAWA DRIVE, THE TOWNHOMES. UH, WE'RE ASKING FOR 4.1 MILLION DOLLARS. IF WE'RE SUCCESSFUL IN OBTAINING THE GRANT, WE'RE GOING TO USE THAT TO BUILD OUT THE REMAINING 28 LOTS ON THE SOUTH SIDE OF MALLARD DRIVE. SAME TYPE OF PROCESS. WE DO AN RFPS, UH, FIND A BUILDER, UH, WE WOULD DO BUY DOWNS ON THE UNITS THEMSELVES AND OFFER DOWN PAYMENT ASSISTANCE WOULD BE THE GAME PLAN. AND THEN 7S.
JUST NOTE ON THAT ONE, THE ORIGINAL RESOLUTION THAT WAS IN THERE HAD PHASE 1 INSTEAD OF PHASE 2, SO WE DID CHANGE THAT TO.
WE HAD TO CHANGE THE RESOLUTION FOR YOU. THANK YOU, JODI. AND THEN 7S, THAT'S JUST FOR US TO, UH, CONTINUE TO WORK WITH SWIPCO, WHO DOES ALL OF OUR INSPECTIONS FOR OUR AFFECTED PROPERTIES PROGRAM.
THEY COME IN, DO THE INITIAL WALKTHROUGH WITH RYAN IN OUR OFFICE TO DETERMINE WHAT NEEDS TO BE FIXED, AND THEN ONCE WE GO THROUGH THE BID PROCESS, THE WORK IS DONE, THEY CAME BACK, THEY COME BACK AND DO INSPECTIONS. SO THIS IS JUST RE-UPPING OUR CONTRACT WITH THEM FOR 2 MORE YEARS.
DOES THIS, JUST OUT OF CURIOSITY, IS THAT ONE, IS THERE OTHER PEOPLE THAT DO THE SAME THING? LIKE, DO YOU GO OUT FOR RFP TO SEE IF THERE'S COMPETITIVE PRICING OR ANYTHING LIKE THAT? I DON'T, I DON'T, YEAH, WITH SWIPCO. IS THERE ANYBODY ELSE THAT DOES THE SAME THING? NOT THAT I'M FAMILIAR WITH.
UM, WE CAN CERTAINLY LOOK INTO IT FOR NEXT YEAR. I THINK IT WE GET CHARGED LIKE $2,000 FOR THE INSPECTIONS, YOU KNOW,.
FOR ALL OF IT UP FRONT AND ON THE BACK END, SO.
YEAH, JUST WONDERING, BECAUSE THERE'S ANOTHER THING IN HERE THAT I WAS GOING TO ASK ABOUT, SO YEP.
THANK YOU. ALL RIGHT, UP NEXT, WHITNEY HAS A FEW. BOTH 5C AND.
D RELATE TO THE BLACK HILLS ENERGY, UM, NON-EXCLUSIVE FLA- FRANCHISE AGREEMENT FOR NATURAL GAS. I SEE THAT BLACK HILLS IS HERE TODAY.
UM, MIDAMERICAN WILL ALSO BE HERE IF THEY'RE, I DON'T KNOW, IS SOMEONE FROM MIDAM HERE RIGHT NOW? THEY'LL BE HERE TONIGHT THEN. THEY INDICATED THAT THEY WOULD BE SENDING SOMEONE FOR THE PUBLIC HEARING, UM, IN CASE YOU GUYS HAD ANY QUESTIONS. AND SO, UM, WE RECOMMEND PASSAGE OF THE ORDINANCE, AND ALSO, UM, EVEN THOUGH WE'RE NOT INCREASING THE NATURAL GAS FEE, WE'RE KEEPING IT AT THE 2%, WHICH IS IN ACCORDANCE WITH OUR CURRENT ORDINANCE.
AND IN THE FUTURE, WE'D ONLY NEED A REVENUE PURPOSE STATEMENT IF WE'RE INCREASING THE FEE. BECAUSE THE REVENUE PURPOSE STATEMENT CAME INTO EFFECT AND BECAME A REQUIREMENT OF THE LAW AFTER WE PASSED OUR LAST ORDINANCE, WE DO IN FACT NEED TO DO A REVEN- REVENUE PURPOSE STATEMENT NOW, EVEN THOUGH, UM, WE'RE NOT INCREASING THE FEE, WE'RE, WE NEED TO HAVE A STATEMENT IN PLACE.
AND SO THAT'S WHY THAT IS THERE FOR, UM, C AND D. AND SUBJECT TO THE LAST MEETING, THEN WE PUT THAT IN AT THE 2% THAT WAS DISCUSSED.
DID YOU GUYS WANT TO HEAR FROM BLACK HILLS, OR DID YOU GUYS WANT TO SAY ANYTHING? WE, WE ARE ONLY HERE TO ANSWER QUESTIONS AND ADDRESS ANY CONCERNS YOU MIGHT HAVE.
YOU, YOU DON'T HAVE TO COME BACK TONIGHT IF YOU DON'T FEEL YOU NEED TO, JUST SO YOU KNOW. YOU SAT HERE THROUGH A LOT, SO YOU KNOW.
AND THEN E AND F ARE, UM, THE ORDINANCE WITH MIDAMERICAN ENERGY AND THE REVENUE PURPOSE STATEMENT FOR THE ELECTRIC, UH, FRANCHISE, PURSUANT TO THE DISCUSSION AT THE LAST CITY COUNCIL. THAT'S BEEN SET AT 2.25 IN THE PROPOSED DOCUMENT.
TODAY IS THE DATE OF THE PUBLIC HEARING, UM, ON THOSE MEASURES, AND AS I SAID, MIDAM WOULD BE HERE IF YOU HAVE ANY QUESTIONS OR IF THERE'S ANY QUESTIONS YOU HAVE FOR ME.
YOU SAID 2.25.2.25 FOR MEDIUM.
THAT'S WHAT I WANT TO MAKE SURE.
AND WE TALKED ABOUT THIS, 25 YEARS IS PRETTY STANDARD.
YEAH. YEP. THAT'S WHAT WE'VE DONE PREVIOUSLY, AND THAT'S WHAT MOST COMMUNITIES THAT, UM, AT LEAST USE OUR LAW FIRM AND OUR OUTSIDE COUNSEL ARE DOING. IT IS, AS WE SAID, THE, YOU KNOW, IF YOU DECIDED YOU WANTED TO CHANGE THE RATE OR, UM, IN THE FUTURE, THAT IS SOMETHING THAT CAN BE DONE AT A SEPARATE TIME. YOU DON'T HAVE TO WAIT THE 25 YEARS, BUT IT WOULD REQUIRE THE APPROVAL OF THE UTILITY.
MY ONLY I WAS GONNA SAY YOU HAVE ANOTHER ONE.
I THINK MY ONLY OTHER ONE IS 7D, WHICH IS A RESOLUTION RATIFYING THE TEMPORARY OCCUPANCY AGREEMENT BETWEEN THE CITY AND SINK RELATING TO THE PIER, UM, WHEN WE WERE READY TO OPEN THE PIER, THERE WERE JUST A COUPLE OF, UM, REALLY PRETTY MINOR DOCUMENTS THAT WERE OUTSTANDING. SO WE DID A TEMPORARY OCCUPANCY AGREEMENT, WHICH ALLOWED US TO GET IT ON OUR INSURANCE AND HAVE IT, UH, BE ABLE TO OPEN, WHICH I BELIEVE WENT WELL.
AND, UM, ALSO IF MIDAMERICAN COMES TONIGHT, WOULD BE A GOOD OPPORTUNITY TO SAY THANKS FOR THE NEW ADVENTURE TOWER, WHICH IS SET TO OPEN ON THE 19TH.
ONE THING ON THAT, I SAW IN THE AGREEMENT, IT SAYS THAT IT'S IN PLACE
[01:15:01]
UNTIL THE ASSIGNMENT DATE.WE DO NOT HAVE AN ASSIGNMENT DATE YET, CORRECT? THE ASSIGNMENT DATE IS IDENTIFIED IN EACH ONE OF THE AMENITIES. SO FOR THE PIER, THE ASSIGNMENT DATE IS ONCE THEY MEET ALL OF THE, BASICALLY WHAT WE DID IS WE SET IT UP TO BE SORT OF AN AUTO TRANSFER THAT ONCE THEY'VE MET ALL OF THESE CONDITIONS, WHICH WERE IN THE AGREEMENT, THEN IT WILL BE TRANSFERRED TO THE CITY. AND SO THE ASSIGNMENT DATE WILL BE THE EFFECTIVE DATE. SO I BELIEVE THE ONLY THING I'M TRYING TO REMEMBER, I DON'T KNOW IF KIM IS HERE. I CAN'T REMEMBER WHAT IT IS THAT WE WERE WAITING ON, BUT IT WAS MINOR. WE'D SIGNED THE WARRANTY AGREEMENT, UM, AND I, IT WAS LIKE AN AIA DOCUMENT, BASICALLY LIKE A CERTIFICATE OF COMPLETION OR SOMETHING.
AND SO ONCE THEY'D GIVEN THAT AND THEN THEY'VE MET ALL OF THOSE CONDITIONS, IT JUST WOULD TRANSFER TO THE CITY.
SO WE'RE ANTICIPATING IT FAIRLY QUICKLY.
YEP. AND THERE'S, YEAH, IT IT'LL CONTINUE THEN ON OUR INSURANCE AS IF WE OWN IT NOW, UM, GOING FORWARD, AND THEN IT'LL, WHEN IT TRANSFERS, IT'LL GO AHEAD AND TRANSFER, SO IT WOULDN'T NEED TO COME BACK TO COUNCIL AT THAT POINT. AND THEN, UM, THAT IS JUST FOR THE PIER. WE HAVE NOT THE TEMPORARY OCCUPANCY AGREEMENT, UM, WE DID NOT, WE'VE NOT DONE A TEMPORARY OCCUPANCY FOR THE, UM, TOWER AND WALKWAY AT THIS STAGE.
NEXT UP IS 6A AND 6C. THIS IS THE SECOND READING FOR THE, UM, JUST UPDATING THE ANIMAL CONTROL ITEMS. JAKE IS OUT SICK TODAY, UM, BUT I THINK WE REVIEWED THEM, SO I WOULD ASSUME SECOND READING WE'RE OKAY. OKAY, GREAT. YEP, AND YOU CAN WAIVE THIRD ON THOSE IF YOU WOULD LIKE.
ROGER ASKS TO HAVE THIS CONTINUED FROM THE LAST TIME.
YEAH, THERE'S... WE TALKED ABOUT IT A LITTLE BIT, BUT WHAT HAPPENS IF IT'S NOT FOLLOWED? THAT'S REALLY WHAT, I MEAN, THERE'S, THERE'S NO RAMIFICATIONS, THERE'S NO PENALTY, THERE'S NO LIKE WHAT. AND THEN, AGAIN, THIS, IT JUST, IT DOESN'T SEEM TO APPLY TO US BECAUSE WE'RE NOT A, WE CAN'T DO ANYTHING WITHOUT ALL FIVE OF US. SO I JUST WANT TO MAKE SURE WHAT IT.
SURE. SO FOR THE RAMIFICATIONS OR SORT OF LIKE A DISCIPLINARY SCHEDULE, WE HAVE THAT IN POLICY 802 FOR EMPLOYEES. BUT SINCE THIS IS STRICTLY FOR ELECTED OFFICIALS, ELECTED OFFICIALS ARE NOT EMPLOYEES.
WE CANNOT ADOPT A DISCIPLINARY MATRIX. UM, ELECTED OFFICIALS ANSWER STRICTLY TO THE VOTE- VOTERS. SO, MAYOR CAN'T DISCIPLINE YOU, YOU CAN'T DISCIPLINE MAYOR.
THERE CAN BE A PUBLIC CENSURE, A RESOLUTION FOR A CENSURE, BUT ARGUABLY THAT'S NOT A DISCIPLINE, IT'S JUST A PUBLIC STATEMENT OF DISAPPROVAL. UM, AND THEN IN TERMS OF WILL THIS APPLY TO YOU? POTENTIALLY, BECAUSE YOU DO HAVE SOME POWER. YOU HAVE THE POWER TO SET AGENDA ITEMS AND TO SEEK PUBLIC COMMENT. SO IF THERE WERE SOMETHING WHERE YOU'D REALLY NARROWED IT IN, DIALED IT INTO WHAT YOU HAVE THE AUTHORITY TO DO, THIS COULD APPLY TO YOU. UM, SO IF IT WAS LIKE, I AM OUTRAGED BY X, AND I'M GOING TO SET THIS ON THE AGENDA, AND WE'RE GOING TO SPEAK TO IT AT THE NEXT COUNCIL MEETING, THAT WOULD BE YOU HAVING AUTHORITY AND PURPORTING TO USE THAT AUTHORITY. AND IF YOU DID THAT ON YOUR ACCOUNT, THEN THAT WOULD BE AN OFFICIAL POST. AND THE... IF THERE IS AN OFFICIAL ACCOUNT THAT'S DESIGNATED AS AN OFFICIAL ACCOUNT, THEN WE ANALYZE, UH, ANY EDITS OR ANY, UM, MONITORING OF THE ACCOUNT, SO BLOCKING PEOPLE, MONITORING COMMENTS UNDER THE OFFICIAL LENS. IF THERE IS A PERSONAL ACCOUNT, THEN WE GO POST BY POST, AND WE LOOK TO SEE MAYBE THEY HAVE A DISCLAIMER, THIS IS A PERSONAL ACCOUNT, BUT THEY MAKE AN OFFICIAL POST.
SO AT THAT PO- AT THAT POINT, UM, THEN WE HAVE TO LOOK AT IT AND SAY YOU CAN'T BLOCK PEOPLE ON YOUR ACCOUNT ANYMORE, EVEN THOUGH WE STILL WOULD CONSIDER A PERSONAL ACCOUNT. YOU CAN'T BLOCK PEOPLE, AND WE WOULD LOOK AT HOW EVERYTHING IS MONITORED.
SO, GOING BACK TO YOUR QUESTION, YES, AS AN ELECTED OFFICIAL, THERE WOULD BE THE POTENTIAL THAT THIS WOULD APPLY TO YOU IF YOU MADE AN OFFICIAL POST. I MEAN, YEAH.
WHO DECIDES IF IT'S OFFICIAL? YOU? YES.
YEAH, JAKE AND I, WELL, ESSENTIALLY, WE WE SIT AROUND AND WE LOOK AT IF WE HAVE, LIKE, FOR INSTANCE, THERE WAS SOMETHING THIS WEEK, AND IT WAS LIKE, IS THIS OFFICIAL? UM, NOW DID IT BECOME OFFICIAL BECAUSE OF THIS, THIS NUANCE AND THIS RESPONSE? AND WE LOOK AT THOSE, AND, AND, AND YES, BUT HAVE WE GONE BACK AND LOOKED AT ALL OF YOUR ACCOUNTS AND EVERY POST THAT YOU'VE MADE? NO. AND REALLY, NEITHER JAKE NOR I ARE TYPICALLY ON FACEBOOK, SO, UM, THIS IS THE ONLY TIME WE GET ON THERE IS FOR THAT REASON.
[01:20:02]
ABOUT THAT, AND I HAD THE QUESTION BETWEEN AN ACCOUNT AND A POST, AND I, I THINK I SAID THIS LAST TIME, I'M NOT, I DON'T HAVE A FACEBOOK ACCOUNT, I'M NOT THE SOCIAL MEDIA GUY, SO IT'S ALL NEW TO ME AS TO HOW THAT IT WORKS, BUT YOU KIND OF EXPLAINED THAT AT THE, BECAUSE WHEN I WAS LOOKING AT IT, IF YOU BLOCK SOMEBODY, YOU BLOCK THEM AT THE ACCOUNT LEVEL.AND REALLY, SOME OF THIS DISCUSSION HAS STARTED BETWEEN WHAT POSTS HAVE ALREADY HAPPENED AND THEN WHAT'S HAPPENED WITH OMAHA, CORRECT? CORRECT.
UM, SO WE'VE GOT TO LOOK AT IT FROM A CITY PERSPECTIVE AND MAKE SURE THAT WE ARE PROTECTING THE CITY'S INTEREST.
UM, SO THAT'S WHY I WANTED WE, YOU KNOW, WE THIS HADN'T REALLY BEEN PART OF OUR POLICY OR ANYTHING.
THAT'S WHY WE'RE LOOKING AT ADDING THIS NOW, IS BECAUSE IT'S COMING UP.
BUT THE ACCOUNT LEVEL, CAN YOU MAYBE, YOU EXPLAINED IT A LITTLE BIT.
ACCOUNT LEVEL'S DIFFERENT THAN THE POST.
THE POST CAN BE DEEMED OFFICIAL, BUT THE ACCOUNT BE- CAN BE DEEMED PERSONAL.
IS THAT R- AM I SAYING THAT RIGHT? CORRECT. SO, UM, SO WHAT WE'VE RECOMMENDED, FOR INSTANCE, FOR THE MAYOR IS THAT SH- THE MAYOR HAVE AN OFFICIAL MAYOR ACCOUNT, BECAUSE CURRENTLY THE MAYOR HAS A PERSONAL ACCOUNT, AND SHE HAS A BANNER AT THE TOP, THIS IS MY PERSONAL ACCOUNT, AND, UM, SO THAT IS IN FACT A PERSONAL ACCOUNT.
NOW, IF YOU HAVE A POST WHERE YOU HAVE DONE OFFICIAL BUSINESS ON THAT PERSONAL ACCOUNT. IT DOES NOT FOREVER CHANGE IT TO AN OFFICIAL ACCOUNT.
OKAY? HOWEVER, THERE ARE SOME TH- THINGS THAT ARE FOREVER CHANGED, AND THAT'S YOUR ABILITY TO BLOCK PEOPLE, BECAUSE THEY CANNOT BE BLOCKED FROM THAT ONE OFFICIAL POST.
OKAY. AND IF YOU BLOCK THEM AT THE ACCOUNT LEVEL, NOW THEY'RE BLOCKED FROM THAT POST.
SO THE RECOMMENDATION HERE IS THAT THE MAYOR HAS AN OFFICIAL ACCOUNT THAT ASHLEY OR SOME OTHER DESIGNEE HAS, UM, ACCOUNT CREDENTIALS, UM, FOR THAT ACCOUNT, AND THEN, UM, THAT WOULD BE THE SAME FOR ANY ELECTED OFFICIAL. IF YOU WANT TO MAKE AN OFFICIAL ANNOUNCEMENT OR DO SOMETHING THAT IS WITHIN YOUR AUTHORITY, WE WOULD RECOMMEND THAT YOU CREATE AN OFFICIAL ACCOUNT, AND THEN YOU CAN SHARE THAT ON YOUR PERSONAL ACCOUNT, AND THAT ALSO INCREASES THE PROBABILITY THAT IF A COURT WERE TO EXAMINE YOUR PERSONAL ACCOUNT, THEY'D SAY, WELL, HEY, LOOK, ROGER HAS AN OFFICIAL ACCOUNT, AND HE'S LINKING TO IT ON HIS PERSONAL ACCOUNT. THAT SHOWS HE'S SEPARATING OFFICIAL AND PERSONAL. AND SO THAT'S WHAT THE RECOMMENDATION IS WITH THE MAYOR. WE'VE, UM, RECOMMENDED THAT ON HER, UM, SHOE DECK FOR MAYOR, THAT IT'S IN ALL CAPS, HER BANNER, AND SHE HAS AGREED TO THAT, THAT IT'S, THIS IS HER PERSONAL ACCOUNT.
UM, AND SO WE WOULD RECOMMEND IF, FOR YOUR UM, PERSONAL ACCOUNTS, THAT YOU WOULD HAVE A, A BANNER ALSO THAT INDICATES THAT THOSE ARE YOUR PERSONAL ACCOUNTS.
THANK YOU FOR THAT CLARIFICATION, BECAUSE I'LL, MAYBE IT'S JUST ME, I WAS CONFUSED BY IT TO SAY, OKAY, WAIT A SECOND, YOU GOT AN ACCOUNT, YOU GOT A POST, IT'S NOT THIS, IT IS THIS. AND ONE OF THE QUESTIONS I HAD FROM BEFORE, AND WE TALKED ABOUT THIS THE OTHER DAY, WAS WHAT ARE THE REPERCUSSIONS? I THINK ROGER WAS KIND OF TALKING ABOUT THAT AS WELL, THAT, OKAY, WHAT IF SOMEBODY DOESN'T ADHERE TO THE POLICY? AND AGAIN, THAT'S KIND OF WHY WE'RE IN THIS, WHY WE'RE CREATING THE POLICY, IS WE WANT THIS TO BE IN PLACE SO THAT PEOPLE ARE NOT DOING THESE THINGS. AND YOU KIND OF EXPLAINED THAT A LITTLE BIT TO ME IN TERMS OF FIRST AMENDMENT RIGHTS AND AND WHAT PEOPLE CAN SAY AND CAN'T SAY AND THOSE TYPES OF THINGS.
WOULD YOU MAYBE EXPLAIN THAT A LITTLE BIT SO I'M.
SURE, I DON'T WANT TO INVITE PEOPLE TO SAY NEGATIVE THINGS, BUT THERE'S REALLY A LOT OF FREEDOM WITH ELECTED OFFICIALS, AND THE RATIONALE FROM FROM THE COURTS HAS BEEN YOU HAVE CHOSEN TO BE IN THE PUBLIC EYE, AND THE STANDARD, UM, THAT THEY APPLY WHEN LOOKING AT WHETHER SOMETHING'S DEFAMATORY IS HIGHER. UM, IT HAS TO BE THE PERSON MAKING THE, UM, COMMENT HAS TO SUBJECTIVELY BELIEVE THAT WHAT THEY'RE SAYING IS NOT TRUE, WHICH IS ALMOST IMPOSSIBLE TO PROVE, AND THEY HAVE TO ALSO BE SAYING IT WITH ACTUAL MALICE. SO, UM, SO IT WOULD BE VERY DIFFICULT IF SOMEBODY PUT SOMETHING AGAINST A PUBLIC OFFICIAL FOR THAT TO BE CONSIDERED DEFAMATION.
UM, DOES THAT ANSWER YOUR QUESTION? IT DOES, BECAUSE AGAIN, I WAS AGAIN NOT COMING FROM THAT WORLD. TO ME, IT'S SOMEWHAT HARD TO UNDERSTAND SOMETIMES TO SAY, WELL, WAIT A SECOND, WHY WOULD THAT NOT BE AN ISSUE? UM, I GUESS I'M JUST GOING TO TAKE THIS TIME AND AND APPLY TO DEPARTMENT HEADS OR WHOEVER
[01:25:01]
MIGHT BE DOING THIS. JUST DO THE RIGHT THING. WE KNOW WHAT THE RIGHT THING IS. WE WE DON'T NEED TO GET INTO THOSE TYPES OF DISCUSSIONS OR WHERE YOU'RE PUTTING SOMEBODY DOWN OR SAYING NEGATIVE THINGS OR WHATEVER.IF YOU WANT TO HAVE THE CONVERSATION, YOU JUST TALK TO THEM. AND I GET IT. I KNOW THE WORLD WE'RE LIVING IN TODAY. I'M NOT NAIVE ABOUT IT. I DO UNDERSTAND IT, BUT IF WE JUST DO THE RIGHT THING, WE WOULDN'T BE TALKING ABOUT THIS POLICY, AND THEN WE WOULDN'T HAVE THAT ISSUE. I UNDERSTAND FEELINGS GET HEATED AND SOMEBODY GETS UPSET ABOUT SOMETHING ELSE OR WHATEVER IT MIGHT BE, BUT IT'S, AGAIN, I- I'M JUST, IT'S REALLY GETS FRUSTRATING TO HAVE TO GET TO THIS POINT AND THEN SAY, WELL, HERE'S WHERE WE'RE AT, AND WE'VE GOT TO CREATE THE POLICY TO MAKE SURE THAT WE TRY AND JUST BE ADULTS AND BE PROFESSIONAL IN WHAT WE'RE TALKING ABOUT.
UM, BUT I APPRECIATE YOU KIND OF CLARIFYING THAT. I GUESS THE LAST QUESTION I WOULD MAYBE HAVE IS, WHEN WE, IF LEGAL HAS THEIR, IF WE HAVE A POLICY IN PLACE AND LEGAL HAS THEIR ADVICE WHEN THAT COMES TO THAT, WHICH YOU HAVE, AND AND THEN AGAIN, WE STILL DON'T ADHERE TO THAT. DO WE, DO WE GET SUPPORTED BY LEGAL IN THAT SCENARIO? YES, SO I MEAN, THERE'S A LOT OF NUANCE IN THAT QUESTION. SO IF THE QUESTION IS, CAN WE TELL PEOPLE WHAT TO POST OR WHAT NOT TO POST? CANNOT.
UM, WE CANNOT DO THAT. WE CANNOT HAVE A CHILLING EFFECT ON FOLKS' FIRST AMENDMENT RIGHTS.
BUT IF I MAKE AN OFFICIAL POST AND BLOCK EVERYBODY.
SO AT THAT POINT, THEN LEGAL WOULD COME TO YOU AND SAY, CONS- COUNCILMAN SANDOW, THIS IS CREATING LIABILITY FOR THE CITY, EXPOSURE FOR THE CITY. WE'D ASK YOU TO UNBLOCK THIS PERSON.
NO, HE'S SAYING LIKE I, IF I, YOU'RE SAYING LIKE IF I T- YOU JUST MAKE A POST AND T- TURN COMMENTS OFF, RIGHT? NO, I'M SAYING IF I MAKE A POST, OFFICIAL, SHE DEEMS IT OFFICIAL.
AND I BLOCK YOU, BECAUSE I DON'T LIKE YOU. AND I, AND THEN SHE SAYS, YOU GOT TO UNBLOCK JOE. WELL, I SAID, WELL, I DON'T CARE WHAT YOU SAY, MIMI. THEN WHAT HAPPENS? THEN AT THAT POINT, BECAUSE YOU ANSWER TO THE VOTERS AND, AND NOT TO ME OR EACH OTHER, THEN YOU WOULD BRING THAT TO COUNCIL, AND YOU WOULD HAVE SOME SORT OF PUBLIC, UH, IF YOU WANTED TO HAVE A CENSURE, THAT WOULD BE THE STRONGEST HAND POSSIBLE, BECAUSE REALLY YOU WOULD BRING IT TO THE ATTENTION OF THE VOTERS.
UH, THAT'S ALSO A POSSIBILITY, BUT I WOULDN'T ADVISE ON THAT.
THAT'S PER- NO, THAT'S EXACTLY THE I WANT TO KNOW.
UM, OKAY, AND DID THAT ANSWER ALL OF YOUR QUESTIONS? SO I CANNOT HAVE A CH- I CAN'T AS LEGAL, YOU KNOW, EVEN THOUGH IT WOULD BE IN A PERFECT WORLD, I WOULD WANT YOU GUYS ALL TO GET ALONG PERFECTLY. I CAN'T SAY, PLEASE STOP POSTING NEGATIVE THINGS ABOUT EACH OTHER. I CANNOT HAVE A CHILLING EFFECT ON YOUR FREEDOM OF SPEECH.
UM, THAT IS ACTUALLY, EVEN THOUGH IT SEEMS LIKE THAT'S WHAT LEGAL SHOULD BE DOING, THAT IS WHERE I WOULD BE CREATING EXPOSURE IF I'M SEEN AS HAMPERING YOUR RIGHTS.
RIGHT. AND I GUESS FROM, FROM MY STANDPOINT, I LOOK AT IT AND SAY WE AS A COUNCIL MUST PROTECT THE CITY IN THESE SITUATIONS. IS THAT KIND OF, AM I SEEING THAT INCORRECTLY? RATHER THAN INDIVIDUALS OR ANYTHING LIKE THAT, WE WOULD BE, WE'RE KIND OF THE GATE HOLDERS FOR, COULD THE CITY GET IN TROUBLE HERE, COULD THEY NOT, IN TERMS OF DOING THE RIGHT THING. AM I SEEING THAT RIGHT? YEAH, BUT I SEE SORT OF TWO DIFFERENT HATS.
BECAUSE I THINK YOU HAVE AN INTEREST IN, IN, IN TWO DIFFERENT THINGS, RIGHT? YOU HAVE AN INTEREST IN THIS BEING PROFESSIONAL AND HAVING A GOOD LOOK.
BUT YOU ALSO HAVE AN INTEREST IN PREVENTING EXPOSURE, AND THE EXPOSURE COULD COME IF YOU'RE SEEN AS HAVING A CHILLING EFFECT. SO THEY'RE KIND OF OPPOSING FORCES.
OKAY. MAYBE THAT'S WHY I'M SO CONFUSED.
SO, WELL, THANK YOU FOR CLARIFYING THAT. AGAIN, THIS IS ALL KIND OF NEW, AND AND THE POLICY IS NEW.
AGAIN, WE'VE NEVER HAD ANYTHING LIKE THIS, SO WE'RE TRYING TO SORT THROUGH AND JUST MAKE SURE WE DO IT PROPERLY. UM, BUT I APPRECIATE YOU CLARIFYING THAT. THANK YOU.
SO IT'S JUST YOUR DATES FOR NEXT YEAR. THERE'S ONLY ONE DATE THAT DOESN'T FALL ON A SECOND OR FOURTH MONDAY, AND THAT'S THE, UH,.
YEAH, WE GO THE FIFTH WEEK, GOT IT? THIRD AND, OR SECOND AND FIFTH WEEK THAT MONTH, BUT OTHERWISE THEY'RE ALL.
[01:30:01]
ALL 2 AND 4, SO IT WORKS OUT WELL.IT'S THE FIRST TIME IN A WHILE.
HOLIDAY, I DON'T KNOW THAT I'VE EVER SEEN IT HAPPEN THAT WAY.
YEAH, NORMALLY IT'S FIRST AND THIRD IN A COUPLE MONTHS.
THIS WOULD BE A RESOLUTION AUTHORIZING THE PD, UM, OR THE CITY TO EXECUTE THIS YEAR'S PROJECT AGREEMENT FOR THE GOVERNOR'S, UH, TRAFFIC SAFETY BUREAU. THIS IS THE GTSB AWARD. IT'S PRETTY PERFUNCTORY. IT'S AN ANNUAL AWARD OF DOLLARS WE GET FOR THE STATE TO SUPPORT TRAFFIC SAFETY EFFORTS. THAT GOES TO EXTRA DUI PATROLS, OVERTIME EXPENSES PRE- PREDOMINANTLY. WE'VE USED IT AT TIMES TO PURCHASE BREATHALYZERS OR OTHER EQUIPMENT RELATED TO TRAFFIC SAFETY ENFORCEMENT.
SO THESE ARE JUST DOLLARS THAT COME DOWN FOR THE STATE.
THIS RESOLUTION IS TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH BENISH FOR STUDY OF THE SOUTH EXPRESSWAY BRIDGE RECONSTRUCTION. UM, GOOD TIME TO HAVE THIS GOING BECAUSE THIS WILL PAIR WELL WITH OUR DOWNTOWN STUDY THAT CHRIS IS UNDERTAKING. UH, WE HOPE TO GET SOME GOOD INFORMATION OUT OF THIS WITH, UH, THE DIRECTION WE NEED TO GO, AND SOUTH EXPRESSWAY IS GOING TO BE A BIG PROJECT.
I WAS GOING TO SAY THAT, MARK.
I, I THINK IT'S A GREAT IDEA BECAUSE THAT IS A HUGE DEAL FOR OUR COMMUNITY. AND I KNOW AT ONE POINT WE TALKED ABOUT YEARS AGO, I THINK.
MAYBE TAKING THAT THING DOWN, BUT WE TALKED ABOUT MAYBE THERE'S STILL ONE RAILROAD TRACK BEING USED THROUGH THERE, RIGHT? THE RAIL WAS CONSOLIDATED, BUT WE DO STILL HAVE A RAIL CROSSING.
SO THERE IS NO, THERE IS NO PLANS TO TAKE IT DOWN, RIGHT? IT IS RECONSTRUCT OR...
BECAUSE WE DO HAVE A RAIL CROSSING.
7F IS A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MCCLURE FOR ENGINEERING SERVICES FOR THE, UH, PUMP STATION REHABILITATION AT INDIAN CREEK, THE STORM SEWER PUMP STATION. UH, AGAIN, WE'RE IN NEED OF INFRASTRUCTURE THERE TO BE IMPROVED. THE TRASH RACK, UH, RIGHT NOW IS PROBLEMATIC.
WHAT, WHAT IS A TRASH RACK? MAKE IT SIMPLE FOR ME.
IT, IT HELPS, UH, SEPARATE OUT THE LARGE DEBRIS.
OKAY, SO AS, AS IT'S COMING IN, IT KIND OF STOPS ALL THAT.
OKAY, I ALSO HAVE RESOLUTION, UH, UNDER K, RESOLUTION 26 313. UH, THIS RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH SCHNEIDER AND ASSOCIATES FOR THE 4TH AVENUE SEWER REHAB.
UM, THAT PROJECT IS, UH, ONE BLOCK, AND IT'LL ENTAIL REMOVAL AND REPLACEMENT OF THE SEWER FOR THAT ENTIRE BLOCK. OKAY.
OKAY, L RESOLUTION 26 314 IS IN THE, FOR THE MAYOR TO EXECUTE AN AGREEMENT WITH HGM ASSOCIATES FOR THE SECOND PHASE OF RICHARD DOWNING AVENUE. UM, THIS IS OUTSIDE OF THE CURRENT CIP. IT GOES INTO NEXT YEAR'S CIP, BUT WE HAVE GOOD MOMENTUM GOING RIGHT DOWN ON RICHARD, RIGHT NOW ON RICHARD DOWNING AVENUE, AND WE WANT TO KEEP THAT GOING SO THAT WE CAN GET IT BUILT THEN NEXT SUMMER. UM, RIGHT NOW OUR CONTRACTOR'S MAKING GOOD PROGRESS AND, UH, GONNA MEET ALL OF OUR SCHEDULES, UH, AND REALLY WORKED WELL TO THIS POINT WITH ZACH AND EVERYTHING THAT'S GOING ON DOWN AT THE REC CENTER, OUR REC FACILITY.
SHOULD BE DONE BEFORE HALLOWEEN HAVOC.
WE SHOULD BE DONE BEFORE HALLOWEEN HAVOC.
THERE'S A LOT NOW, I WAS ON IT THREE TIMES THIS WEEKEND.
THERE'S, IT'S A LOT, A LOT OF IT'S DONE NOW.
THIS IS TO APPROVE THE BID FOR SADLER ELECTRIC AT VALLEY VIEW DRIVE IN GREENVIEW ROAD FOR THE INTERSECTION TRAFFIC SIGNAL IMPROVEMENTS. UH, OUR BID WAS A LITTLE BIT HIGHER THAN ENGINEERS' COST ESTIMATE, BUT IT'S STILL WITHIN THE RANGE THAT WE FELT IT SHOULD BE, UH, MOVED FORWARD.
DID THEY GIVE ANY REASONS WHY IT WAS HIGHER THAN YOU GUYS WERE THINKING, OR WHAT THE COST WOULD HAVE? UH, THEY DIDN'T GIVE A REASON RIGHT OFF. WE, WE GOT A GENERAL SENSE THAT THE, UM, INFRASTRUCTURE THAT WE'RE ASKING TO BE PUT IN PLACE IS A LITTLE BIT MORE EXPENSIVE THAN WE WERE ANTICIPATING.
UM, THE OTHER BID WAS 30,000 HIGHER THAN THAT.
THIS IS A RESOLUTION AUTHORIZING THE MAYOR
[01:35:01]
TO EXECUTE AN AGREEMENT WITH BENESCH FOR THE 30TH STREET RESURFACING, 9TH AVENUE TO 14TH AVENUE. THIS GOES UNDER THE UP RAIL TRESTLE.BENISH HAS DONE A GOOD JOB ON RESURFACING PROJECTS FOR US IN THE RECENT PAST, AND WE WANT TO CONTINUE THAT RELATIONSHIP.
ANY QUESTIONS FOR MARK ON ANY OF HIS ITEMS? THANK YOU, MARK.
ALL RIGHT, JUMPING BACKWARDS THEN, WE ARE STILL ON RESOLUTIONS, AND WE ARE ON 7G.
OKAY, 7G IS A RESOLUTION AUTHORIZING, UH, THE EXECUTION OF A GRANT AGREEMENT WITH IOWA DOT. UM, THIS IS FOR 15,000 DOLLARS TO BE PUT TOWARD THE PURCHASE OF A UTV.
7H IS, UH, RENEWING THE AGREEMENT WITH, UM, VERA MOBILITY FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM, SO OUR RED LIGHT TICKET PROGRAM, UH, THAT WE OVERSEE, AND JUST RENEWING THE AGREEMENT FOR ANOTHER 5 YEARS.
MAYBE THERE'S BEEN QUESTIONS ABOUT CAMERAS HERE LATELY.
UM, DO THEY HAVE DATA AND STUFF WITH THIS CAMERA, OR WHAT'S PART OF THAT? I MEAN, I KNOW IT'S DIFFERENT THAN THE OTHER CAMERAS, BUT...
D- W- SORRY, SORRY, WHAT WAS YOUR QUESTION? DO THEY WHAT? DO THEY RETAIN IT? YEAH, I MEAN, THEY HAVE DATA, CORRECT? RIGHT. I DON'T KNOW THEIR RETENTION PERIOD. I WOULD GUESS THAT THEY WOULD COMPORT WITH, UM, RETENTION RULES TO, UM, ALLOW CITIES TO COMPORT WITH PUBLIC RECORDS REQUESTS. I DON'T KNOW THEIR SPECIFIC, UM, RETENTION RULES, BUT, UM, WE REALLY HAVE NOT HAD MANY ISSUES WITH THEM.
WE AS A STAFF HAVE BEEN MEETING ABOUT THE FLOCK CAMERAS, AND WE WILL HAVE A RECOMMENDATION TO BRING TO CITY COUNCIL NEXT MONTH.
SHOULD WE WAIT TO DO THIS? IS THERE-.
THIS IS A TOTALLY DIFFERENT DEAL.
THIS IS DIFFERENT COMPANY, DIFFERENT.
I KNOW, BUT IF WE'RE GONNA CONSOLIDATE, IS THAT SOMETHING? UH, WE STILL WOULDN'T CONSOLIDATE THESE WITH THE OTHER ONES.
OKAY. AND THEN, KIND OF LIKE I ASKED CHRIS WAS, WAS SWIPCO, IS THERE, DID WE GO OUT TO RFP? HAVE WE LOOKED AT COSTS OF OTHER COMPANIES THAT DO THE SAME THING? LIKE WHAT'S, OR IS THIS, I MEAN, WE'RE, WE'RE EXTENDING FOR ANOTHER 5 YEARS. IS THERE-.
DID WE LOOK AT ANY OTHER COSTS OR OTHER COMPANIES? LEGAL DID NOT. SO, UM, THEY APPROACHED US AND SAID, HEY, WE'RE.
WE'RE COMING UP, UM, DO YOU WANT TO RENEW? I VISITED WITH THE PARALEGALS BECAUSE THEY REALLY DO A LOT OF THE WORK ON THESE RED LIGHT TICKETS, AND THEY BROUGHT SOME ISSUES TO ME. I TALKED WITH, UM, VERA ABOUT IMPROVING S- SOME OF THOSE PROCESSES, AND THEY WERE OPEN TO THAT, AND THEN WE BROUGHT THIS TO YOU. SO IT MAY HAVE INITIALLY, AT THE INITIAL TERM, YOU KNOW, BEFORE IT INITIALLY CAME TO YOU 5 YEARS AGO, I- I'M NOT SURE ABOUT THAT.
UM, IT'S MY UNDERSTANDING THESE WERE PUT IN BECAUSE OF HIGH INCIDENCE OF ACCIDENTS IN THESE.
UH, HAS THAT BEEN REDUCED? OR ARE THEY WORKING? BECAUSE IF WE'RE EXTENDING THEM FOR ANOTHER 5 YEARS IN THE, IN THE SAME INTERSECTIONS.
AND WE'RE NOT HAVING THE ACCIDENTS THAT WE HAD IN THERE BEFORE, OR WE ARE STILL HAVING THE ACCIDENTS THAT WERE IN THERE BEFORE.
WE TALKED ABOUT THIS, IT WAS A IN.
WELL, YEAH, BUT THE REVENUE HAD GREATLY DECLINED, MEANING IT HAD CAUSED PEOPLE TO NOT RUN AS MANY LIGHTS, THEY'D SLOWED DOWN.
AT THE SAME TIME, I PERSONALLY HATE THESE THINGS, BUT I UNDERSTAND THAT IT IT'S A SAFETY CONCERN FOR, BECAUSE I HAVE CERTAIN MEMBERS OF MY WHATEVER THAT I HAVE TO PAY THE BILL BECAUSE THEY GET TICKETS OCCASIONALLY. UM, BUT THE, UH, IF I RECALL, THERE WAS A PERIOD IN TIME WHERE I THINK WE'D RECEIVED LIKE A COUPLE HUNDRED THOUSAND DOLLARS IN REVENUE FROM IT, AND THEN WE LOOKED THE NEXT YEAR AND IT WAS DECREASED BY, AND AGAIN, THESE AREN'T THE EXACT NUMBERS, BUT YOU KNOW, IT WAS, IT WAS HALF THE NEXT YEAR, AND THAT WAS BECAUSE OBVIOUSLY LESS TICKETS WENT OUT BECAUSE LESS PEOPLE WERE BURNING THROUGH THAT LIGHT. THE BIG ONE IS THE, THE TWO BIG ONES ARE USUALLY THE ONE RIGHT IN FRONT OF THE SCHOOL, WHICH IS ALWAYS MAKES ME UNCOMFORTABLE DRIVING DOWN THERE PAST BLOOMER AND EVERYTHING BECAUSE THERE'S KIDS RUNNING EVERYWHERE, AND MOM AND DAD ARE OVER HERE PICKING UP, AND LITTLE JOHNNY'S RUNNING ACROSS, AND HE'S 5, SO WHAT IS HE? UM, AGAIN, I DON'T HAVE THOSE NUMBERS IN FRONT OF ME. I JUST RECALL, AND AND THAT MAY BE SOMETHING THAT I DON'T KNOW IF DANIELLE, WOULD YOU HAVE THOSE NUMBERS AT ALL, OR WHO WOULD HAVE THOSE EXACTLY? CHIEF DAVIS PROBABLY DOES.
I DON'T THINK SHE HAS THEM OFF THE TOP OF HER HAND.
YOU COULD JUST WAVE YOUR MAGIC WAND AND...
[01:40:02]
UM, SO REVENUE, SO SOMETIMES THE CON- RECONSTRUCTION OF THE ROADS TAKE THEM DOWN SO THAT, UM, SOME OF THE DECREASE IN REVENUE, UM, IS CONTRIBUTABLE TO THAT, BUT WE WERE NEAR A MILLION DOLLARS IN REVENUE, AND THEN IT'S SIGNIFICANTLY GONE DOWN TO 700,000, 500,000,.AND 300,000. SO I THINK THAT IT'S WORKING. I MEAN, I DON'T HAVE THE DATA SPECIFICALLY FOR PEOPLE RUNNING THOSE RED LIGHTS, BUT THE REVENUE HAS DECREASED SIGNIFICANTLY, AND THE COLLECTION, UM, SO UNPAID CITATIONS HAS NOT SIGNIFICANTLY INCREASED YEAR-OVER-YEAR. SO I WOULD SAY THAT THEY'RE WORKING, BUT REVENUE HAS GONE DOWN SIGNIFICANTLY.
SO DO WE NEED TO LOOK AT OTHER INTERSECTIONS? WHERE ARE WE HAVING MORE, UH, ACCIDENTS? BECAUSE RIGHT NOW THEY SEEM TO BE STRICTLY FROM HARRISON STREET WEST AND ONE SOUTH ON SOUTH 7TH. UH, SO I GUESS MY QUESTION WOULD BE, IS THERE OTHER INTERSECTIONS IN TOWN THAT WE NEED TO LOOK AT TO THAT ARE HAVING HIGH INCIDENCE OF ACCIDENTS? WE, WE COULD CERTAINLY DO THAT.
UM, I DID NOT LOOK AT THE, THE DATA, YOU KNOW, UH, IN LIGHT OF THE, THE QUESTION THAT'S BEFORE COUNCIL NOW, BUT I DID LOOK AT THIS DATA ABOUT A YEAR AGO BECAUSE THERE WAS, UH, THERE WERE BILLS MOVING AT THE STATE LEVEL, UH, PROHIBITING AND OUTLAWING AND REQUIRING, UH, PERMITTING FOR ALL SORTS OF CAMERAS, SPEED, RED LIGHT. UM, WE MADE IT THROUGH SO THAT RED LIGHT WASN'T IMPACTED AT THE STATE LEVEL, ONLY SPEED.
BUT WHEN WE WERE DEALING WITH THESE BILLS, WE DID PULL HISTORIC CRASH DATA AND INTERSECTION DATA, AND OUR CAMERAS WERE PLACED AND CONTINUE TO BE PLACED AT OUR FOUR-WAY HIGH-VOLUME TRAFFIC INTERSECTIONS THAT DO EXPERIENCE A, A HIGH VOLUME OF, OF CRASHES. WE COULD CERTAINLY LOOK AT OTHER INTERSECTIONS, BUT, UM, MY UNDERSTANDING THE LAST 5, 10 YEARS REALLY KIND OF IT'S THE MAJOR INGRESS EGRESS, UH, ALONG BROADWAY WHEN YOU COME OFF OF, OF THE INTERSTATE AND, UH, YOU KNOW, ALONG THOSE SHOPPING AREAS IS WHERE THE MAJORITY OF THEM ARE, AND THOSE ARE OUR HIGH-VOLUME, UH, INTERSECTION. WHETHER THEY'VE DECREASED, I CAN'T GIVE YOU, YOU KNOW, THAT THEY'VE LED TO A REDUCTION, UM, IN, YOU KNOW, X PERCENTAGE OF OF OF SIGNIFICANT PERSONAL INJURY OR PROPERTY DAMAGE CRASHES, BUT THEY DO SERVE, UH, A DETERRENT EFFECT. PEOPLE KNOW THEY'RE OUT THERE, AND THE HOPE IS THAT THEY AT LEAST SLOW DOWN, UM, AND NOT RUN THE RED LIGHTS AT THESE AT THESE HIGH VOLUME INTERSECTIONS. BUT WE CAN CERTAINLY TAKE A FRESH LOOK TO MAKE SURE THAT THE CAMERAS ARE DEPLOYED AT THE RIGHT INTERSECTIONS, AND WE COULD WORK WITH THE VENDOR UNDER THE, THE AUSPICES OF THE, THE RENEWED CONTRACT TO, TO RELOCATE ANY IF WE, IF WE NEEDED TO.
BUT THE LAST TIME WE LOOKED AT IT, THEY WERE AT THE HIGH VOLUME INTERSECTIONS, UM, TRYING TO SERVE THAT TRAFFIC SAFETY PURPOSE.
I JUST KEEP GETTING AN EMAIL EVERY DAY ASKING ME TO SIGN.
I REMEMBER THIS ONE. OH, POLLARD GAMES.
YES, THEY WERE OFFERED, UM, ECONOMIC DEVELOPMENT INCENTIVES FOR TARGETED JOBS, WHICH BASICALLY WAS LIKE A REBATE BACK OF PAYROLL TAXES, AND AS LONG AS THEY WERE ABLE TO ESTABLISH A CERTAIN NUMBER OF JOBS, AND THEY DID NOT MEET THAT THRESHOLD, AND THEY'VE GONE BACK AND FORTH WITH THE STATE OF IOWA, AND IT SOUNDS LIKE THEY'VE REACHED A SETTLEMENT TO WHERE THEY DON'T HAVE TO PAY BACK ANY OF THE MONEY THAT THEY WERE PREVIOUSLY GIVEN BECAUSE THOSE JOBS WERE ESTABLISHED, AND THEY'RE JUST GOING TO CALL IT GOOD, AND FROM THIS POINT FORWARD, THEY'RE NO LONGER PARTICIPATING IN TARGETED JOBS. THAT'S MY UNDERSTANDING OF IT.
DOES THE STATE COME IN AND CHECK THE JOB NUMBERS, OR DO YOU GUYS HAVE TO DO THAT? IT'S THROUGH THE STATE, SO LIKE WE TELL, BECAUSE THE WAY IT WORKS IS THEY PAY THE PAYROLL TAXES OF THE CITY, AND THEN WE PROCESS IT AND KIND OF REFUND IT BACK TO THEM, BUT THEN WE DO REPORTING BACK TO THE STATE. SO IT'S THE STATE, IT'S A STATE INCENTIVE, IT'S NOT A CITY INCENTIVE.
BUT FOR SOMEBODY TO COME IN, SO THE STATE ACTUALLY GOES INTO POLLARD AND SAYS, OKAY, HOW MANY POSITIONS DID YOU ADD? WELL, WE TELL THEM BECAUSE, BUT YES.
WELL, WE COULD KNOW BASED OFF THE PAYROLL.
SO ARE WE DOING THAT WITH ALL THE TARGETED JOBS? THE ONES THAT WE HAVE CURRENT CONTRACTS WITH, YES, AND THERE'LL BE ANOTHER ONE COMING FORWARD HERE SOON TOO, SO.
OKAY. THAT'S ALL I CAN SAY, I GUESS.
OKAY, THIS... I'M SORRY, GO AHEAD.
ON THIS NEXT ONE, UM, THE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE GRANT AGREEMENT. I BELIEVE THIS IS THE ONE THAT, OH, ARE YOU GOING TO SPEAK TO, I DIDN'T KNOW IF THIS IS THE ONE.
SO KIM ASKED ME TO, I'M JUST GOING TO READ HER NARRATIVE. I CANNOT ANSWER ANY QUESTIONS.
OKAY, SO THIS DESTINATION IOWA
[01:45:01]
GRANT IS FUNDED BY THE STATE ARPA'S FUNDS.WHILE OUR ARPA SPEND DEADLINE IS DECEMBER 31ST OF THIS YEAR, THE STATE SET THEIRS AS JUNE 30TH OF THIS YEAR, PRESUMABLY SO THEY HAD ADEQUATE TIME TO COMPLETE REPORTING ON THEIR SIDE. A FEW WEEKS AGO, AFTER THAT SPEND DEADLINE, THE STATE REACHED OUT ASKING IF WE HAD ANYTHING ELSE ELIGIBLE THAT WE WANTED THEM TO REVIEW. UM, AFTER REVIEW, UM, THEY HAD OTHER PROJECTS COME IN UNDER BUDGET. UH, CINC SUBMITTED ITEMS FOR CONSIDERATION AND WERE AWARDED A SUPPLEMENTAL AMOUNT OF $77,700. THIS IS IN ADDITION TO THE ORIGINAL 4.9 MILLION AWARDED IN 2022.
WITH COUNCIL APPROVAL, THE MAYOR CAN EXECUTE THE AGREEMENT WITH THE STATE, AND KIM WILL WORK WITH CINC FOR THE EXTRA REPORT.
AND SHE CAN'T ANSWER ANY QUESTIONS. UM, AND THEN CAN WE GO AHEAD AND.
DO A RESOLI- RESOLUTION 26-323U? YES, ABSOLUTELY, WHILE YOU'RE UP HERE.
OKAY, SO THIS IS THE, UM, SYNC RFP FOR THE FINANCIAL INSTITUTION.
OH YEAH. UM, SO THAT IS THE AGREEMENT TEMPLATE THAT WAS DRAFTED BY LEGAL. UM, SO ONCE THIS IS APPROVED, ASSUMING THAT YOU GUYS WILL APPROVE THIS RESOLUTION, WE WILL HAVE, UM, AMERICAN NATIONAL BANK, A DIVISION OF ASSOCIATED BANK, SIGN OFF ON IT, AND THEN WE WILL HAVE THE MAYOR AND JODY SIGN OFF ON IT FROM A CITY STANDPOINT.
ULTIMATELY, THIS IS WHERE THE, UH, 2 MILLION DOLLARS WILL RESIDE IN AN INVESTMENT OPTION THAT IS, UM, ALLOWABLE UNDER THE STATE OF IOWA CODE SECTION OR CHAPTER 12, UM, FOR WHATEVER TIME PERIOD WE ARE, UM, LOOKING AT BEFORE WE NEED TO ACTUALLY EXPEND THOSE DOLLARS. UM, SO ULTIMATELY WE HAD TWO, UH, ENTITIES SUBMIT A PROPOSAL, UM, AND AFTER INTERNAL REVIEW OR, UM, YEAH, REVIEW COMMITTEE,.
WE DEEMED THAT AMERICAN NATIONAL BANK, A DIVISION OF ASSOCIATED BANK, UM, WAS THE BEST INTEREST FOR THE CITY TO MOVE FORWARD.
THERE'S A FLAT RATE, UM, FEE, UM, WHEREAS THE OTHER INSTITUTION HAD, UM, A PERCENT, UM, AND THAT'S NOT WHAT WE HAD ASKED FOR. UM, SO IT'S GOING TO, IN THE LONG-TERM, CAUSE A COST SAVINGS FOR THE CITY OF COUNCIL BLUFFS. UM, AND THEN AMERICAN NATIONAL BANK, A DIVISION OF ASSOCIATED BA- OR YEAH, ASSOCIATED BANK, UM, THEY ARE VERY FAMILIAR WITH GOVERNMENTAL ENTITIES AND, UM, THE RULES THAT WE HAVE TO FOLLOW TO ABIDE BY THE STATE OF IOWA CODE. SO ULTIMATELY, THAT IS THE, UM, INSTITUTION THAT WE ARE PROPOSING THAT YOU, UM, AWARD IT TO. UH, IT WAS PRESENTED TO THE CINC BOARD ON SEPTEMBER 2ND, AND THEY APPROVED TO MOVE FORWARD WITH THIS.
WHAT IS IT? UH, IT'S 7, 5, 7,000.7.
HOW MANY INSTITUTIONS DID WE GO TO? WE ONLY GOT 2 BACK, YOU SAID? WE ONLY GOT 2.2 RFPS, AND WE INTERVIEWED BOTH OF THEM.
WELL, SO WE ONLY SENT IT OUT TO 2.
OH, WE SENT IT OUT TO 5? EVERYBODY.
WE SENT IT OUT TO ANYBODY WHO.
TO EVERYBODY WHO WAS INTERESTED. OKAY.
YEAH. SO THAT'S A GREAT QUESTION, THOUGH, DOUG. SO WE HAVE A SYSTEM THAT RFPS GET UPLOADED TO, AND SO AS LONG AS YOU'RE REGISTERED, YOU GET NOTIFIED.
SO WE DIDN'T PICK PEOPLE TO SEND IT TO, WE UPLOADED IT AND ASKED FOR RFP.
ANY QUESTIONS ON THAT ONE? NO.
ALL RIGHT, JUMPING BACK THEN TO M, CIVIL SERVICE COMMISSION PRACTICES FOR UTILITY WORKER 2. MATT, DO YOU WANT TO TALK TO THIS ONE? PROBABLY NOT, BUT WE'RE GOING TO ASK MATT TO TALK TO IT.
HR PREPARED THE RESOLUTION, BUT I CAN SPEAK TO IT.
SO THIS IS A CONTINUATION. I THINK THIS IS THE THIRD TIME WE'VE REQUESTED THIS APPROVAL TO WAIVE THE RULES FOR CIVIL SERVICE COMMISSION TO REVIEW ALL THE DETAILS OF THE, OF THE POSITION AS WE GO THROUGH THE PROCESS OF HIRING. UH, WE CONTINUE TO STRUGGLE TO FILL THE POSITION. WE HAVE, I DON'T KNOW, 25, 27 UTILITY WORKERS WITHIN PUBLIC WORKS.
UM, IT'S OUR ENTRY LEVEL POSITION, SO IT TURNS OVER QUITE FREQUENTLY. UM, SO WE'RE CONSTANTLY RECRUITING FOR IT AND GO THROUGH THE LIST REALLY QUICK.
UM, OFTENTIMES WHEN WE GO BACK, THEY FOUND OTHER POSITIONS OR ARE NO LONGER INTERESTED IN THE POSITION. SO, ALTHOUGH WE MAY HAVE A LIST OF 5 OR 6, WE USUALLY ONLY HIRE 1 OR 2 OFF THAT LIST, AND THEN WE HAVE TO START THE PROCESS OVER. SO THIS ALLOWS US TO SHORTEN THAT PROCESS A LITTLE BIT. WE'RE STILL USING THE EXACT SAME PROCESS WE DID WHEN WE HAD APPROVAL FROM THE CIVIL SERVICE COMMISSION. WE'RE JUST
[01:50:01]
NOT GOING BACK TO THEM TO ASK FOR APPROVAL FOR THE SAME THING WE DID 3 MONTHS PRIOR. UM, THEY STILL APPROVE THE LIST IN THE END.WE STILL, THEY STILL HAVE ALL THE SAME PROTECTIONS AND, AND UNDER THE CIVIL SERVICE ONCE THEY'RE HIRED.
GREAT. THANK YOU, MATT. UH, O IS MINE. UM, THIS IS ASKING, UM, THE COUNCIL TO GIVE ME APPROVAL TO ENTER INTO A MOU WITH WEST POTAWATOMI, UM, EXTENSION OFFICE. UM, THEY DO A PROGRAM EVERY YEAR, UM, CALLED SPEAK UP, BE SAFE ON, UM, TRAFFICKING, SEX TRAFFICKING AND HUMAN TRAFFICKING. THEY GO OUT AND THEY, UH, MEET WITH HIGH SCHOOLERS AND JUNIOR HIGH KIDS ALL THROUGHOUT SOUTHWEST IOWA. THEY HAVE ASKED, UM, DIFFERENT GOVERNMENT ENTITIES, THE COUNTY, OURSELVES, OTHER CITIES, UM, TO, UM, PARTICIPATE TO HELP FUND THIS PROGRAM.
UM, I, UH, SECRETARY OF STATE, UM, FOR THE STATE OF IOWA RELEASED, UH, TRAFFICKING STUDIES, UM, FROM LAST YEAR, UM, AND THAT WENT OUT IN EMAIL.
I'M NOT SURE IF YOU GUYS SAW IT OR NOT, BUT, UM, THERE WAS, UH, LET ME GIVE YOU THE EXACT NUMBER HERE, 587, UM... S- SORRY, IT IS LOADING. 587 TOTAL HUMAN TRAFFICKING, UM, VICTIMS IN 2004, UM, WITH, UH, IN 2005 IT DROPPED SLIGHTLY TO T- UH, 503, UM, WITH 30 OF THOSE BEING ADOLESCENTS, 18 BEING CHILDREN, UM, AND 108 OF THOSE INVOLVING CHILD PORNOGRAPHY. SO I THINK IT'S VERY IMPORTANT FOR US AS A CITY, UM, TO SUPPORT THEM IN THE WORK THAT THEY'RE GOING OUT, UH, TO THE, TO THE SCHOOLS AND, AND TALKING TO THE KIDS ABOUT SAFETY OF CELL PHONES AND SOCIAL MEDIA AND SIGNS TO LOOK FOR AND THINGS OF THAT NATURE. SO I WOULD ASK THAT YOU GUYS SUPPORT THIS.
DO THEY DO LIKE ASSEMBLIES AND STUFF, OR DO THEY DO ONE ON-ONE, OR? THEY DO. THEY DO ASSEMBLIES AND GO OUT AND TALK, AND THEN OBVIOUSLY MAKE THEIR, THEIR SERVICES AVAILABLE IF SOMEBODY WANTS TO TALK ONE-ON-ONE.
BUT YEAH. ANY QUESTIONS ON THAT ONE? OKAY, THANK YOU.
UM, AND THEN WE HAVE T, AND THIS WOULD BE MARK. NOPE.
ARE YOU GONNA SPEAK TO T? YEAH.
UH, SO... I MEAN, MARK COULD COME UP HERE AND TALK ABOUT THE TECHNICAL ASPECTS, BUT, UM, I, I REVIEWED THIS CONTRACT, AND, AND ESSENTIALLY, UH, THE WAY THAT TYLER TECHNOLOGIES SUPPORTS ALL THE DIFFERENT INTERNAL SYSTEMS THAT THE CITY USES IS GOING TO BE FUNDAMENTALLY CHANGING.
AND SO WE'RE KIND OF AT A POSITION WHERE WE CAN EITHER USE STUFF THAT ISN'T SECURE BECAUSE THEY'RE NOT GOING TO BE UPDATING IT FOR, YOU KNOW, SECURITY UPDATES ANYMORE, OR TRANSITION TO THIS, UM, NEW SYSTEM, AND, UM...
SO, UH, AND AND THERE'S REALLY, YOU KNOW, IT'S, UH, EVERYTHING'S STAYING THE SAME, AND AND, UH, I THINK, YOU KNOW, MARK HAS A HANDLE ON ALL THIS, BUT THERE'S REALLY NO LEGAL ISSUES WITH WHAT'S BEING RECOMMENDED.
OCTOBER IS SO- OR CYBERSECURITY MONTH.
THERE YOU GO. GET READY FOR IT. UH, AA APPLICATIONS.
SO I JUST WANTED TO NOTE ON C, THE NOISE VARIANCE REQUEST.
THERE, OH, SORRY. THERE'S A LATE TIME FRAME, SO IF YOU GUYS JUST, I'LL READ IT SEPARATELY, SO IF YOU WANT TO RECOMMEND WHAT TIME YOU RECOMMEND, THEN WE'LL CHANGE THAT.
ANY QUESTIONS ON A, THOUGH? B, THE 100 BLOCK TRICK-OR-TREAT EVENT WILL CLOSE DOWN ON THE 26TH, THE 100 BLOCK, SO THE KIDS CAN TRICK-OR-TREAT SAFELY, AND THEN THE C, THE NOISE VARIANCE REQUEST.
I THINK THEY SAID THE 100 BLOCK FOR THE IOWA IOWA STATE GAME WAS PRETTY WELL ATTENDED.
GOOD? IT WAS WELL ATTENDED. UM, SAW SEVERAL STAFF MEMBERS THERE.
NO PROBLEM. UM, JUST TO LET YOU GUYS KNOW, UM, WE WILL BE BACK AT 7, BUT UM, EMA JUST SENT OUT A UM, POTENTIAL FOR A TORNADO THIS EVENING, LARGE HAIL, THINGS OF THAT NATURE, UM, 6 TO 11, WITH PEAK TORNADO RISK BEING AT 7, EXACTLY AT 7 O'CLOCK, UM, WITH DAMAGING WINDS AND LARGE HAIL. YES, AND FLASH FLOODING, RAIN TOTALS UP TO 3 INCHES TONIGHT. SO EVERYBODY.
[01:55:01]
YEAH.AND WE WILL ALL SEE YOU BACK HERE AT 7 O'CLOCK. THANK YOU,
[1) PLEDGE OF ALLEGIANCE]
GUYS. ALL RIGHT, IF YOU ARE ABLE TO, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE,[2) CALL TO ORDER]
WITH LIBERTY AND JUSTICE FOR ALL. CALL THE MEETING[3) CITIZENS REQUEST TO BE HEARD]
TO ORDER. LET THE RECORD SHOW THAT ALL COUNCIL MEMBERS ARE PRESENT. UM, UP FIRST IS THE CITIZENS REQUEST TO BE HEARD.THIS IS YOUR TIME TO ADDRESS THE COUNCIL IF YOU WANT TO DISCUSS ANY ITEM THAT'S NOT ON THE AGENDA FOR THIS EVENING. IF SO, GO STEP FORWARD, STATE YOUR NAME AND ADDRESS FOR THE RECORD. POLLY, HIT THE BUTTON SO IT TURNS GREEN.
ALL RIGHT. EVEN THOUGH I'VE LIVED HERE FOR OVER A YEAR, I STILL FORGET MY ADDRESS, SO GIVE ME ONE SECOND. ALL RIGHT, MY NAME'S PAUL SEARCY. I LIVE AT 20 SOUTH 41ST STREET, UH, APARTMENT 129, COUNCIL BLUFFS, IOWA. UM, SO I JUST WANTED TO BRING UP, I WAS HERE AT THE STUDY SESSION, I JUST WANTED TO, I GUESS, EMPHASIZE THAT A LOT, TO ME, A LOT OF THE ORDER OF THE NEW PROPOSED RECOMMENDATIONS SEEM TO BE MORE CENTERED AROUND THE ENVIRONMENT AND PEOPLE, ESSENTIALLY WITH LIKE NOISE POLLUTION, ENVIRONMENTAL IMPACTS. AND A LOT OF THE COMMENTS FROM THE COUNCIL MEMBERS WERE ABOUT LIKE, HEY, HOW MUCH IS THIS GOING TO AFFECT THE EXISTING DATA CENTERS THAT SEEM TO PRIORITIZE KIND OF BUSINESS INTEREST, WHICH IS REASONABLE, WHICH IS EXPECTED. I JUST WANTED TO PUSH BACK IN THAT THERE'S REAL IMPACT TO THE PEOPLE THAT LIVE HERE, UM, IN TERMS OF LIKE THE SOUND AND THE ENVIRONMENT, THAT THESE ARE KIND OF, IN MY MIND, IS WHY I SEE THESE RECOMMENDATIONS. THEY KIND OF SHOULD GO THROUGH AS IS, AS I KIND OF SEE THEM. UM, AND THEN THERE SHOULD BE A CASE BY CASE BASIS FOR EACH OF THE EXISTING DATA CENTERS AND HOW YOU GUYS KIND OF BRING THEM UP TO THESE RECOMMENDATIONS IF THEY HAVE TO DO NEW CONSTRUCTION ON THE LAND THEY'RE CURRENTLY ON OR GRANDFATHER THEIR THEM IN SOME WAY.
BUT I DON'T THINK NECESSARILY, UM, YOU SHOULD GUYS SHOULD TRY TO WORK, TAKE, HAVE THEM IN MIND FOR THESE NEW RECOMMENDATIONS. I THINK THIS SHOULD JUST BE, WE WILL DEAL WITH THOSE SITUATIONS AS THEY ARISE, AND THEN ALL NEW DATA CENTERS SHOULD MEET THESE.
UM, THEN ALSO LIKE TO POINT OUT TOO THAT THESE DAYS, I DID A REALLY QUICK CURSORY SEARCH, AND IT SEEMS A 20-YEAR KIND OF LIKE TAX ABATION FOR THE GOOGLE PLAN THAT ARE 2007 THAT'S GOING TO EXPIRE IN 2027, COST YOU GUYS ABOUT 33 MILLION DOLLARS FOR THOSE 20 YEARS. SO THAT'S A LITTLE BIT LESS THAN HALF OF YOUR OPERATING BUDGET YEAR BY YEAR OVER 20 YEARS, SO IT'S PROBABLY, LET'S SEE, YEAH, 3.3. SO YEAH, IT'S ABOUT 1.6 MILLION A YEAR THAT YOU GUYS LOSE ON REVENUE, ESSENTIALLY, BECAUSE OF THIS. AND SO I WOULD ALSO LIKE TO SAY IS THAT I THINK YOU GUYS SHOULD REALLY LOOK INTO KIND OF HOW MUCH, IF THERE'S ANY TIFS FOR CURRENT DATA CENTERS OR ANY NEW DATA CENTERS, YOU SHOULD REALLY LOOK AT THOSE SERIOUSLY AND SEE, DO WE EVEN NEED TO OFFER THIS TO THEM AT ALL? BECAUSE RIGHT NOW, UM, THERE'S A REASON WHY GOOGLE AND THAT NEW EDGE PROJECT, THEY'RE GOING TO BE ONE OF THE TENANTS, ACTUALLY. AND SO THERE'S A REAL REASON FOR WHY THEY'RE BUILDING HERE, IT'S BECAUSE THEY HAVE REALLY EASY ACCESS TO THE WATER, ESSENTIALLY. SO THERE ISN'T ANY INCENTIVES YOU GUYS REALLY NEED TO GIVE THEM TO COME HERE, BECAUSE THEY CAME HERE FOR A REASON, ESSENTIALLY, AND THAT REASON IS POWER GRID AND EASY ACCESS TO THE WATER. UM, AND THEN LAST BUT NOT LEAST, I ALSO WANTED TO ADDRESS SOME COMMENTS THAT I ALSO SAW ON FACEBOOK. UM, I WANTED TO REMIND COMMUNITY MEMBER, I MEAN, COUNCIL MEMBERS THAT THEY'RE KIND OF REPRESENTATIVES OF THE CITY IN SOME WAYS. UM, SPECIFICALLY, UH, STEPHEN GORMAN, UM, I WOULD APPRECIATE IT IF YOU WOULDN'T, THIS ISN'T NECESSARILY A THREAT INTIMIDATION, BUT YOU SAID I COULD PUT OUT YOUR ADDRESS, AND I WON'T, BUT EVERYONE WHO KNOWS ME KNOWS THAT YOUR COMMENT ABOUT YOU WALKING FROM WHERE YOU LIVE WOULD BE CHALLENGING.
ESSENTIALLY, IT'S NOT QUITE DOXING IS WHAT WE USE FOR THE ONLINE TERM. IT'S WHERE YOU GIVE OUT SOMEONE'S ADDRESS ONLINE THAT ARE USUALLY ANONYMOUS, AND THIS PERSON, I'M NOT GOING TO LIST THEIR NAME, BUT THEY'RE KIND OF NOT ANONYMOUS, BUT STILL IT KIND OF SEEMED WEIRD TO ME. I WANTED TO CALL THAT OUT, THAT YOU'RE SAYING YOU COULD PUT SOMEONE'S ADDRESS. BUT, AND IT WAS AN UNRELATED TO, SO IT SEEMED LIKE YOU TWO HAD DRAMA, BUT YOU WERE KIND OF COMMENTING ON ANOTHER ISSUE FROM WHAT THAT POST WAS, BUT IT JUST KIND OF SEEMED OFF-PUTTING. I JUST WANT TO THROW THAT OUT THERE. YEP, THAT'S IT. THANKS
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FOR YOUR TIME.THANKS, PAUL. ANYBODY ELSE WISHING TO ADDRESS THE COUNCIL AT THIS TIME ON AN ITEM THAT'S NOT ON THE AGENDA
[4) CONSENT AGENDA]
FOR THIS EVENING? OKAY, SEEING NONE, WE WILL GO AHEAD AND MOVE FORWARD. UM, FIRST UP IS THE CONSENT AGENDA. IS THERE A MOTION? MOTION TO APPROVE.ANY DISCUSSION ON THE CONSENT AGENDA? SEEING NONE, ALL THOSE
[5.A) Resolution 26-265 (Continued from 8-10-26) Resolution to vacate and dispose of east/west alley abutting Lots 1 through 4 and Lots 11 through 14, Block 4, Park Addition. Location: Unimproved alley section abutting properties commonly addressed as 212, 214 and 222 11th Avenue; and 1010 and 1014 High Street; and 211, 217 and 221 10th Avenue. Case #26-0001-PZASV]
IN FAVOR? AYE.OPPOSED? MOTION CARRIES. ALL RIGHT, WE HAVE JUST A COUPLE OF PUBLIC HEARINGS. THE FIRST PUBLIC HEARING IS A CONTINUATION FROM, UH, 810, AND IT'S RESOLUTION 26-265, RESOLUTION TO VACATE AND DISPOSE OF THE EAST WEST ALLEY ABUTTING LOTS 1 THROUGH 4 AND LOTS 11 THROUGH 14, BLOCK 4, UM, ALSO KNOWN AS, UH, 212,214, AND 222 11TH AVENUE, AND 1010 AND 1014 HIGH STREET, 211,217, AND 221 10TH AVENUE. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? ANY DISCUSSION FROM THE COUNCIL? MOTION TO DENY.
ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.
[5.B) Ordinance 6695 Ordinance to amend the zoning map as adopted by reference in section 15.27.020, by rezoning property legally described as Lots 4 through 6, Block 7, Beers Subdivision from R-3/Low Density Multi-Family Residential District to C-2/Commercial District, as defined in chapter 15.15. Location: 1604 Avenue B Case #ZC-26-004 ]
OPPOSED? MOTION CARRIES THAT IT'S DENIED. ORDINANCE 6695, AN ORDINANCE TO AMEND THE ZONING MAP AS ADOPTED BY REFERENCE IN SECTION 15.27.020, LOCATION KNOWN AS 1604 AVENUE B. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? SEEING NONE, IS THERE DISCUSSION FROM THE COUNCIL? AND I WILL TAKE A MOTION.
I'LL MAKE A MOTION TO APPROVE.
ANY FURTHER DISCUSSION? SEEING NONE, ALL THOSE IN FAVOR? AYE.
[5.C) Ordinance 6699 Ordinance granting to Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a Delaware limited liability company, its lessees, successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Council Bluffs, Iowa, a natural gas system and to furnish and sell natural gas to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years within the present or future corporate limits of the City of Council Bluffs, Iowa. ]
TO WAIVE THIRD? SEEING NONE, ALL THOSE IN FAVOR? AYE.OPPOSED? MOTION CARRIES TO WAIVE THIRD. ORDINANCE 6699, AN ORDINANCE GRANTING BLACK HA- UH, BLACK HILLS IOWA GAS UTILITY COMPANY, LLC.
UM, THIS IS AUTHORIZING THE CITY TO COLLECT A FRANCHISE FEE FOR A PERIOD OF 25 YEARS WITHIN THE PRESENT OR FUTURE CORPORATE LIMITS OF COUNCIL BLUFFS, IOWA, AND THIS IS A 2% UH, FRANCHISE FEE. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? ANY DISCUSSION FROM THE COUNCIL? SEEING NONE, I'LL TAKE A MOTION.
ANY FURTHER DISCUSSION? SEEING
[5.D) Resolution 26-300 Resolution adopting the Revenue Purpose Statement regarding revenues from a proposed natural gas franchise fee from Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy.]
NONE, ALL THOSE IN FAVOR? AYE.RESOLUTION 26-300, A RESOLUTION ADOPTING THE REVENUE PURPOSE STATEMENT FOR BLACK HILLS ENERGY. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? SEEING NONE, ANY, UM, CONVERSATION FROM THE COUNCIL? SEEING NONE, I'LL TAKE A MOTION.
I'LL MAKE A MOTION TO APPROVE.
[5.E) Ordinance 6700 Ordinance repealing Ordinance Nos. 5880, 6149 and 6629 and granting to MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Council Bluffs, Iowa, an electric system and communications facilities, to be used solely for MidAmerican Energy Company infrastructure, and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years.]
ANY FURTHER DISCUSSION? SEEING NONE, ALL THOSE IN FAVOR? AYE.ORDINANCE 6700, AN ORDINANCE REPEALING ORDINANCES 5880, 6149, 6629, AND GRANTING TO MID-AMERICA ENERGY COMPANY THE RIGHT OF NON-EXCLUSIVE FRANCHISE ACQUIRING, UM, AND THIS IS TO FURNISH AND SELL ELECTRICITY TO THE CITY AND ITS INHABITANTS FOR, AND AUTHORIZING THE CITY TO COLLECT THE FRANCHISE FEES FOR A PERIOD OF 25 YEARS, AND THIS IS AT A RATE OF 2.5%. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? AND MID-AMERICA'S HERE IF WE HAVE ANY QUESTIONS FROM THE COUNCIL. ANY DISCUSSION FROM THE COUNCIL? SO WE TALKED ABOUT THIS AT THE PREVIOUS MEETING. I ARGUED THAT WE SHOULD KEEP IT AT 2% INSTEAD OF RAISING THE FRANCHISE FEE, BECAUSE OBVIOUSLY THIS WILL GET PASSED THROUGH TO OUR RESIDENTS IN A HIGHER ELECTRIC BILL, UH, GOING FROM 2% TO 2.5%. UM, SO FOR THAT REASON, I'LL BE A NO VOTE ON THIS ONE.
ANY ADDITIONAL CONVERSATION? SEEING NONE, I'LL TAKE A MOTION.
[5.F) Resolution 26-301 Resolution adopting a Revenue Purpose Statement regarding use of revenues from the proposed electric franchise fees from MidAmerican Energy Company.]
THOSE IN FAVOR? AYE.[02:05:01]
NAY.MOTION CARRIES. RESOLUTION 26-301. THIS IS ADOPTING THE REVENUE PURPOSE STATEMENT, UM, FOR THE ELECTRIC FRANCHISE FEES FROM MID-AMERICA ENERGY. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? SEEING NONE.
ANY DISCUSSION FROM THE COUNCIL? SEEING NONE, I WILL TAKE A MOTION.
ANY FURTHER DISCUSSION? SEEING NONE. ALL THOSE IN FAVOR? AYE.
OPPOSED? MOTION CARRIES. THANK YOU GUYS FOR COMING. BE SAFE.
[5.G) Resolution 26-302 Resolution granting final plat approval of a one-lot subdivision to be known as Pro Fleet Parking, for properties legally described as the southerly 394.59 feet of the North ½ of the South East 1/4 North East 1/4 of Section 11-74-44. Location: 3200 and 3300 S. 11th Street and undeveloped land lying immediately west. SUB-26-011 ]
ACTUALLY.IT MIGHT BE DONE BY THE TIME WE GET DONE. THERE YOU GO. RESOLUTION 26-302, A RESOLUTION GRANTING THE FINAL PLAT APPROVAL OF A ONE LOT SUBDIVISION TO BE KNOWN AS PRO FLEET PARKING. THIS IS ON 11TH STREET IN.
THE UNDEVELOPED LAND LANE IMMEDIATELY WEST. IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? SEEING NONE, IS THERE DISCUSSION FROM THE COUNCIL? WE HAD A LITTLE DISCUSSION TODAY AT STUDY SESSION REGARDING, UH, TRAFFIC, UM, WITH THIS PARTICULAR PROJECT, UM, AS THERE'S TWO LANE ROADS COMING TO AND FROM HERE. BUT, UH, I'M GONNA VOTE FOR THIS, UM, IF WE CAN GET MORE BUSINESS HERE, LET'S DO IT.
YEAH, THERE'S, I HAVE CONCERN THERE'S A, IT'S 11 ACRES OF CONCRETE. THERE'S PRETTY MINIMAL AMOUNT OF, UH, RE- RETENTION. I FEEL LIKE WE HAVE A LOT OF RETENTION IN MOST PLACES.
THE, UM, AND THEN IT WAS DESCRIBED TO MARK THIS, THIS AFTERNOON, HE SAID LIGHT TRAFFIC SEEMS LIKE IT'S A LOT. THERE'S SEVERAL HUNDRED SPOTS, BUT, UH, IT WAS ALSO DESCRIBED TO US THAT THE ZONING BOARD OF ADJUSTMENTS GAVE THE CONDITIONAL USE PERMIT. THEY CAN DO THIS REGARDLESS OF COUNCIL'S DECISION. SO THIS IS JUST MAKING IT ONE BIG LOT.
THEY'RE BUYING ALL THREE LOTS FROM THE CURRENT OWNER, SO THERE'S NO, UH... WELL, I THINK WE SHOULD HAVE DONE A TRAFFIC STUDY. THERE'S NO, UH, VALUE IN NOT SUPPORTING THIS.
I I WOULD SAY I HAD CONCERN, UM, WITH THE, THE FIRE STATION DOWN THERE. UM, THOUGH THAT'S THE FIRE STATION THAT SERVICES THAT WHOLE SECTION OF TOWN, AND MY CONCERN WAS THAT PERHAPS THE, IF THERE'S A MULTITUDE OF TRUCKS COMING OUT OF THAT, ON THAT SMALL ROADWAY, THAT IT MAY IMPEDE, UM, YOU KNOW, EMS FROM GETTING WHERE THEY NEED TO BE OR PUTTING A FIRE OUT OR WHATEVER. AND IN, IN A SITUATION LIKE THAT, YOU KNOW, MINUTES AND SECONDS MATTER.
UM, BUT AGAIN, AS, AS ROGER HAD STATED, IT IT, AND I HAD ASKED EARLIER, EFFECTIVELY SOUNDS AS THOUGH MORE OR LESS THEY CAN DO THIS BECAUSE IT'S THE THE USE HAS BEEN APPROVED. THIS JUST WILL CLEAN UP THE TAXING AND THE THE LOT LINES AND EVERYTHING LIKE THAT. SO,.
I WOULD LIKE TO SEE US WHEN IT'S A DIRECT FIRE OUT LIKE THAT, AND WE'RE GOING TO POSSIBLY HAVE 200 TRUCKS THAT COULD ALL DECIDE TO LEAVE, THOUGH THEY SAID IT WON'T USUALLY HAPPEN. I FEEL LIKE WE PROBABLY SHOULD HAVE BROUGHT THAT INTO DISCUSSION, BUT THAT IS WHAT IT IS, I GUESS.
WELL, I THINK WE SHOULD PAY ATTENTION TO WHAT IS ACTUALLY HAPPENING ONCE THIS GOES DOWN THERE TOO, AND ESPECIALLY FOR THE FIRE DEPARTMENT. AND THEN I AGAIN, I JUST, I THINK THIS IS A LOT OF ZONED INDUSTRIAL. I THINK SOUTH POINT IS MORE OF A PLACE FOR SOMETHING LIKE THIS, IN MY OPINION, BUT LIKE I SAID, IT'S AR- IT'S ALREADY APPROVED BY THE ZONING BOARD OF ADJUSTMENTS THROUGH CONDITIONAL USE.
ANY FURTHER DISCUSSION? SEEING NONE, I'LL TAKE A MOTION.
ANY FURTHER DISCUSSION? SEEING
[5.H) Resolution 26-303 Resolution granting final plat approval of a two-lot commercial subdivision to be known as ‘OPR2NTY’, legally described as being a Replat of Lots 1 through 6 and Lots 11 through 16, except that part condemned by the Iowa Department of Transportation, all in Block 7, Beers Subdivision. Location: 1604 Avenue B. SUB-26-014 ]
NONE, ALL THOSE IN FAVOR? AYE.RESOLUTION 26-303, A RESOLUTION GRANTING A FINAL PLAT APPROVAL OF TWO LOT COMMERCIAL SUBDIVISION TO BE KNOWN AS APRO- APRO 2 NITY, UM, AND THIS IS ON 1604 AVENUE B.
IS PROOF OF PUBLICATION ON RECORD? YES, IT IS.
ANY WRITTEN PROTESTS RECEIVED? NONE RECEIVED.
ANYONE WISHING TO ADDRESS THE COUNCIL ON THIS MATTER? SEEING NONE, IS THERE ANY DISCUSSION FROM THE COUNCIL? MOTION TO APPROVE.
I DID. I WAS WAITING FOR A DISCUSSION. NOBODY'S GONNA HAVE A DISCUSSION. I'VE
[6.A) Ordinance 6696 Ordinance to amend Chapter 4.20 Animal Control of the 2025 Council Bluffs Municipal Code by amending Section 4.20.083 "Potentially Dangerous Dog Designation", Section 4.20.084 "Dangerous Dog Designation" and Section 4.12.110 "Regulation of Keeping of Dangerous Animals". ]
SEEN IT.ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR? AYE.
ORDINANCE 6696, AN ORDINANCE TO AMEND CHAPTER 4.20, ANIMAL
[02:10:01]
CONTROL.OPPOSED? MOTION CARRIES. LET ME ASK FOR COMMENT.
MOTION TO WAIVE THIRD. MOTION TO WAIVE THIRD ON THAT 6696.
ANY DISCUSSION ON WAIVING THIRD? DID WE GET A SECOND? YES.
[6.B) Ordinance 6697 Ordinance providing that general property taxes levied and collected each year on certain property located within the East Manawa Drive Housing Urban Renewal Area, in the City of Council Bluffs, County of Pottawattamie, State of Iowa, by and for the benefit of the State of Iowa, City of Council Bluffs, County of Pottawattamie, Lewis Central Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by the City in connection with the East Manawa Drive Housing Urban Renewal Area (2026 parcels).]
OKAY. GOT IT. ALL RIGHT, NO DISCUSSION. ALL THOSE IN FAVOR? AYE.ORDINANCE 6697, AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES CO- LEVIED AND COLLECTED EACH YEAR ON A CERTAIN PROPERTY LOCATED WITHIN EAST MANAWA DRIVE HOUSING URBAN RENEWAL AREA.
IS THERE ANY DISCUSSION FROM THE PUBLIC? ANY DISCUSSION FROM THE COUNCIL? SEEING NONE, I'LL TAKE A MOTION.
ANY ADDITIONAL CONVERSATION? ALL THOSE IN FAVOR? AYE.
[6.C) Ordinance 6698 Ordinance to amend Chapter 4.20 Animal Control of the 2025 Council Bluffs Municipal Code by repealing 4.20.090 “Keeping of Dangerous Animals Prohibited” and amending and retitling Section 4.20.100 to now be known as “Keeping of Dangerous Animals Prohibited; Exceptions”. ]
ANY DISCUSSION ON WAIVING THIRD? SEEING NONE, ALL THOSE IN FAVOR? AYE.ORDINANCE 6698, AN ORDINANCE TO AMEND CHAPTER 4.20, ANIMAL CONTROL.
ANY DISCUSSION FROM THE AUDIENCE ON THIS ITEM, FROM THE PUBLIC? SEEING NONE, ANY FROM THE COUNCIL? AND I WILL TAKE A MOTION.
ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR? AYE.
[7.A) Resolution 26-275 (Continued from 8-10-26) Resolution adopting a social media policy for elected officials]
THIRD? SEEING NONE, ALL THOSE IN FAVOR? AYE.RESOLUTION 26-275, A RESOLUTION ADOPTING A SOCIAL MEDIA POLICY RELATED TO ELECTED OFFICIALS.
ANY DISCUSSION ON THIS TOPIC? IT SEEMS UNENFORCEABLE, SO IT SEEMS RIDICULOUS TO HAVE IT NOW, BUT WE'LL DO IT.
BUT WE CAN'T REALLY ENFORCE IT.
I G- WE CAN DO WHATEVER WE WANT, SO IT SEEMS MAYBE IT WASN'T NECESSARY, BUT WE'LL HAVE IT IN PLACE, SO.
I FEEL LIKE IT'S A, AN ATTEMPT AT A GOOD FAITH EFFORT BY ALL OF US.
ANY FURTHER DISCUSSION? I'LL TAKE A MOTION.
[7.B) Resolution 26-304 Resolution officially designating the City Council Meeting dates for the City of Council Bluffs during the 2027 calendar year]
MOTION TO APPROVE.RESOLUTION 26-304, A RESOLUTION OFFICIALLY DESIGNATING THE CITY COUNCIL MEETING DATES FOR THE 2027 CALENDAR YEAR.
ANY DISCUSSION? JUST A CALL OUT THAT ALL MEETINGS NEXT YEAR WILL BE ON THE SECOND AND FOURTH MONDAYS, EXCEPT FOR IN NOVEMBER, WHERE IT IS THE SECOND AND FIFTH MONDAY.
[7.C) Resolution 26-305 Resolution authorizing execution of a project agreement for the Council Bluffs Police Department through the Governor's Traffic Safety Bureau. ]
SECOND.ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR? AYE.
RESOLUTION 26-305, A RESOLUTION AUTHORIZING EXECUTION OF A PROJECT AGREEMENT THROUGH THE GOVERNOR'S TRAFFIC SAFETY BUREAU.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, IS THERE A MOTION?
[7.D) Resolution 26-306 Resolution ratifying the Temporary Occupancy Agreement between the City of Council Bluffs, Iowa and Southwest Iowa Nonprofit for Collective Impact (SINC) for the Charles E. Lakin Foundation Pier]
MOTION TO APPROVE.RESOLUTION 26-306, A RESOLUTION RATIFYING THE TEMPORARY OCCU- OCCUPANCY AGREEMENT FOR THE CHARLES E. LAKIN FOUNDATION PIER.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
[7.E) Resolution 26-307 Resolution authorizing the Mayor and City Clerk to execute an agreement with Benesch for the South Expressway Bridge Reconstruction Planning Study. Project #PW27-13]
MOTION TO APPROVE.RESOLUTION 26-307, A RESOLUTION TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH THE 20 FY27 PUMP STATION REHABILITATION PROJECT.
ANY DISCUSSION ON THIS ITEM? SEEING NONE,
[7.F) Resolution 26-308 Resolution authorizing the Mayor to execute an agreement with McClure for engineering services in connection with the FY27 Pump Station Rehabilitation Project. Project # PW27-17 ]
I'LL TAKE A MOTION.[7.G) Resolution 26-309 Resolution authorizing the Mayor and City Staff to fully execute and deliver the grant agreement per the terms set forth in the Iowa Department of Transportation Grant.]
RESOLUTION 26-309, A RESOLUTION TO EXECUTE AND DELIVER THE GRANT AGREEMENT FOR THE IOWA DEPARTMENT OF TRANSPORTATION GRANT.ANY DISCUSSION ON THIS ITEM? SEEING NONE, ALL THOSE IN FAVOR? OR SORRY.
[7.H) Resolution 26-310 Resolution approving renewal amendment to the Professional Services Agreement with American Traffic Solutions, Inc., d/b/a Verra Mobility for Photo Red Light Enforcement Program]
IN A WHILE, COLE. I'M JUST TOO USED TO IT. ALL RIGHT. ALL THOSE IN FAVOR? AYE.RESOLUTION 26-310, A RESOLUTION RENEWAL ADDENDUM FOR THE PROFESSIONAL SERVICES
[02:15:02]
AGREEMENT FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM.ANY DISCUSSION ON THIS ITEM? SEEING NONE,
[7.I) Resolution 26-311 Resolution approving and authorizing execution of a Settlement Agreement among the Iowa Economic Development Authority, Pollard Games, Inc dba American Games and International Gamco and the City of Council Bluffs terminating targeted jobs withholding tax credit program Contract No. 21-TJWT-003. ]
I'LL TAKE A MOTION.RESOLUTION 26-311, A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A SETTLEMENT TERMINATING THE TARGETED JOBS WITHHOLDING TAX CREDIT.
IS THERE A DISCUSSION ON THIS ITEM? ALL RIGHT, SEEING NONE, I'LL TAKE A MOTION.
[7.J) Resolution 26-312 Resolution authorizing the Mayor to execute Amendment Two to the Grant Agreement for the Destination Iowa Outdoor Recreation Grant ]
SECOND.RESOLUTION 26-312, A RESOLUTION AUTHORIZING AMENDMENT 2 TO THE GRANT AGREEMENT FOR THE DESTINATION IOWA OUTDOOR RECREATION GRANT.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
[7.K) Resolution 26-313 Resolution authorizing the Mayor and City Clerk to execute an agreement with Snyder & Associates, Inc. for engineering services in connection with the 4th Avenue Sewer Rehab. Project # PW27-07]
MOTION TO APPROVE.RESOLUTION 26-313, A RESOLUTION TO EX- EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH THE 4TH AVENUE SEWER REHAB.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
[7.L) Resolution 26-314 Resolution authorizing the Mayor and City Clerk to execute an agreement with HGM Associates, Inc. for engineering services in connection with the Richard Downing Avenue Reconstruction, Phase 2. Project # PW28-11]
MOTION TO APPROVE.OPPOSED? MOTION. RESOLUTION 26-314, A RESOLUTION TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES IN CONNECTION WITH THE RICHARD DOWNING AVENUE RECONSTRUCTION PHASE 2.
ANY DISCUSSION ON THIS ITEM? I WILL JUST CALL OUT, UM, THIS WAS SCHEDULED FOR NEXT YEAR'S CIP. UM, THE TEAM THAT'S DOWN THERE IS DOING A GREAT JOB, AND THEY'RE ACTUALLY ON SCHEDULE, IF NOT A LITTLE BIT AHEAD, AND SO WE WANT TO KEEP THE MOMENTUM GOING, AND THIS IS SUPPOSED TO BE DONE BEFORE THE HALLOWEEN.
YEAH, HALLOWEEN HAVOC DOWN THERE. SO, UM, I, NO OTHER
[7.M) Resolution 26-315 Resolution authorizing the suspension of Civil Service Commission Practices for hiring Utility Worker II positions.]
DISCUSSION. I'LL TAKE A MOTION.RESOLUTION 26-315, AUTHORIZING THE SUSPENSION OF CIVIL SERVICE COMMISSION PRACTICES FOR HIRING UTILITY WORKER 2 POSITIONS.
ANY DISCUSSION? SEEING NONE, I'LL TAKE A MOTION.
[7.N) Resolution 26-316 Resolution approving the bid of Sadler Electric, Inc. for the Valley View Drive and Greenview Road Intersection Traffic Signal. Project # PW26-08A]
SECOND.RESOLUTION 26-316, APPROVING THE BID FOR THE VALLEY VIEW DRIVE AND GREENVIEW ROAD INTERSECTION TRAFFIC SIGNAL.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
[7.O) Resolution 26-317 Resolution authorizing the Mayor to execute a Memorandum of Understanding with West Pottawattamie ISU Extension and Outreach to provide financial support for the Speak Up Be Safe! (SUBS) program]
MOTION TO APPROVE.RESOLUTION 26-317, UH, RESOLUTION TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH WEST POTAWATOMI ISU EXTENSION AND OUTREACH TO PROVIDE FINANCIAL SUPPORT FOR THE SPEAK UP AND BE SAFE PROGRAM.
ANY DISCUSSION ON THIS ITEM? SOUNDS LIKE A PRETTY GOOD PROGRAM AND SOMETHING WE SHOULD BE, UH, IN SUPPORT OF TRYING TO STOP HUMAN TRAFFICKING HERE IN OUR COMMUNITY AND THROUGHOUT IOWA.
YEAH, MAYOR, I WAS JUST GONNA ASK IF FOR ANYBODY THAT WASN'T AT STUDY SESSION THAT'S WATCHING, IF YOU WANTED TO EXPLAIN KIND OF WHAT THE SUBS PROGRAM DOES OR HOW IT, OR WHAT IT IS EXACTLY.
YEAH, SO THE EXTENSION OFFICE HERE IN TOWN GOES OUT TO THE COMMUNITY SCHOOLS IN SOUTHWEST IOWA, AND THEY DO PRESENTATIONS AND, UM, LARGE GROUP PROJECTS ON SEX TRAFFICKING. THEY TALK ABOUT THE DANGERS OF SOCIAL MEDIA AND PICTURES AND HOW THAT STUFF DOESN'T GO AWAY, AND, UM, REALLY JUST SPEAKS TO, UM, THE TEEN, THE YOUTH GROUPS, UM, ABOUT HUMAN TRAFFICKING. AND SO, UM, IT'S SOMETHING THAT, YOU KNOW, THEY GO TO OUR, ALL OF OUR SCHOOLS AS WELL AS THE RURAL SCHOOLS, AND SO THEY WERE ASKING, UM, DIFFERENT, UH, GOVERNMENT GROUPS TO PARTICIPATE IN HELPING TO FUND THIS PROJECT.
THANK YOU GUYS FOR SUPPORTING THIS. UM, ANY-.
[7.P) Resolution 26-318 Resolution authorizing the City Clerk to certify assessments against properties to the Pottawattamie County Treasurer for unreimbursed costs incurred by the City for the abatement of weeds and the removal of solid waste nuisances upon properties and directing them to be collected in the same manner as a property tax. ]
THANK YOU.ANY FURTHER DISCUSSION? SEEING NONE, ALL THOSE IN FAVOR? AYE.
RESOLUTION 26-318, A RESOLUTION CERTIFYING ASSESSMENTS AGAINST PROPERTIES FOR THE ABATEMENT OF WEEDS AND REMOVAL OF SOLID WASTE NUISANCES.
[7.Q) Resolution 26-319 Resolution authorizing the Mayor to submit an application to the Iowa Economic Development Authority’s Community Development Block Grant Disaster Recovery (CDBG-DR) Program for the East Manawa Phase 2 Housing Development Project.]
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.RESOLUTION 26-319, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION FOR THE IOWA ECONOMIC DEVELOPMENT AUTHORITY'S COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM FOR THE EAST MANAWA PHASE 2 HOUSING DEVELOPMENT PROJECT.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
[02:20:02]
MOTION TO APPROVE.[7.R) Resolution 26-320 Resolution authorizing the Mayor and City Clerk to execute an agreement with Benesch for the South 35th Street Resurfacing, 9th Avenue to 14th Avenue. Project #PW27-14.]
OPPOSED? MOTION CARRIES.MADAM CLERK, YOU WANNA SCROLL YOUR SCREEN, PLEASE? YEP.
RESOLUTION 26-320, A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT W- FOR THE 30 SOUTH 35TH STREET RESURFACING 9TH AVENUE TO 14TH AVENUE.
ANY DISCUSSION ON THIS ITEM? MOTION TO APPROVE.
[7.S) Resolution 26-321 Resolution authorizing the Mayor to execute a professional services contract with Southwest Iowa Planning Council (SWIPCO).]
SECOND.THANK YOU. ALL THOSE IN FAVOR? AYE.
RESOLUTION 26-321, AND A RESOLUTION TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR SOUTHWEST IOWA PLANNING COUNCIL.
ANY DISCUSSION ON THIS ITEM? SEEING NONE,
[7.T) Resolution 26-322 Resolution authorizing the Mayor or designee to execute a Software as a Service Agreement with Tyler Technologies to update our software deployment model.]
I'LL TAKE A MOTION.RESOLUTION 26-322, AUTHORIZING THE MAYOR TO EXECUTE A SOFTWARE, UH, SOFTWARE AS SERVICES AGREEMENT WITH TYLER TECHNOLOGIES TO UPDATE OUR SOFTWARE DEPLOYMENT MODEL.
ANY DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
[7.U) Resolution 26-323 Resolution approving an Agreement with American National Bank (a division of Associated Bank) for the River’s Edge Development Maintenance Reserve Fund Management Services for the City of Council Bluffs.]
MOTION TO APPROVE.RESOLUTION 26-323 APPROVING AN AGREEMENT FOR THE RIVER'S EDGE DEVELOPMENT MAINTENANCE RESERVE FUND MANAGEMENT SERVICES.
AND THAT IS, JUST FOR CLARIFICATION FOR ANYBODY WATCHING, WITH AMERICAN NATIONAL BANK. UH, ANY FURTHER DISCUSSION ON THIS ITEM? SEEING NONE, I'LL TAKE A MOTION.
OPPOSED? I FEEL LIKE WE HAVE TO SAY A DIVISION OF ASSOCIATED BANKS SINCE DANIELLE SAID IT SO MANY TIMES.
IT'S BECAUSE THEY'RE IN THE MIDDLE OF A MERGER.
YEAH, IT JUST HAPPENED. YEAH, BUT I JUST FEEL LIKE WE NEED TO SAY IT JUST IN CASE.
[8.A) Liquor Licenses1. Applebee's Neighborhood Grill & Bar, 3000 Dial Dr. 2. Avenue G Store, 1602 Ave. G3. Bertha's, 1322 N. 16th St.4. Big Al's, 2700 2nd Ave.5. Cracker Barrel #219, 530 30th Ave.6. Horseshoe Casino, 2701 23rd Ave.7. Huhot Mongolian Grill, 3120 Manawa Center Dr.8. Juanito’s Mexican Restaurant, 722 Creek Top9. Mega Saver, 2024 5th Ave.10. Springhill Suites Omaha East, 3216 Plaza View Dr.11. The Turn Golf Lounge, 12 Menard Dr. Ste. 2 (NEW)]
[8.B) Special Event Application 1. 100 Block Trick or Treat the Street, October 26, 2026 (Road Closure)]
YES.A DIVISION OF ASSOCIATED BANK. ABSOLUTELY.
ALL RIGHT. SO WE HAVE APPLICATIONS FOR PERMITS AND CANCELLATIONS 8A, 1 THROUGH 11, AND 8B.
[8.C) Noise Variance Request1. 1734 Ave. F - September 26, 2026 (Loud music)]
SORRY.NO, YOU'RE GOOD. ALL THOSE IN FAVOR? AYE.
APPLICATIONS FOR PERMITS AND CANCELLATIONS 8C. ANY DISCUSSION? I THINK 11 O'CLOCK IS LATE ENOUGH IN A NEIGHBORHOOD. I THINK 2 A.
M. IS CRAZY, SO I WOULD, UH, APPROVE THIS. I WOULD MAKE A MOTION TO AMEND IT TO 11 P.
ANY FURTHER DISCUSSION? MOTION TO APPROVE THE AMENDMENT.
WE HAVE TO VOTE ON THE AMENDMENT FIRST.
OH, THEY ALREADY MOTIONED, SO WE HAVE TO VOTE FIRST.
IF VOTE ON THE AMENDMENT, THEN WE VOTE ON THE APPROVAL.
YEAH, CALL THE QUESTION ON THE AMENDMENT. YEAH. ALL THOSE IN FAVOR? AYE. OPPOSED? MOTION CARRIES. UH, I WILL TAKE A MOTION ON THE AMENDED, UM, 8C. MOTION TO APPROVE.
SECOND. ANY FURTHER DISCUSSION? ALL. WE DID THIS ONCE BEFORE. I THINK WE HAD TO AMEND THE TIME FRAME WHEN SOMEBODY HAD ASKED FOR SOMETHING VERY SIMILAR, SO, UH, WE KIND OF HAVE PRECEDENCE WITH THIS, AND I AGREE WITH ROGER. WE GOT TO KEEP THAT.
IT'S IN THE NEIGHBORHOOD AREA. WE WANT TO KEEP THAT TO A, A REASONABLE HOUR. WE DO THAT OFTEN, YEAH. YEAH. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR? AYE. OPPOSED? MOTION CARRIES. MADAM CLERK, ANY OTHER CITY COUNCIL ACTION ITEMS FOR THIS EVENING? I HAVE NONE.
ANY OTHER BUSINESS? SEEING NONE, I'LL TAKE A MOTION TO ADJOURN. I THINK SO MOVED.
SO MOVED. SECOND. ALL THOSE IN FAVOR? AYE. OPPOSED? AND WE ARE ADJOURNED. EVERYBODY, PLEASE DRIVE SAFE. I THINK WE'VE MISSED THE BULK OF THE STORM RIGHT NOW.
* This transcript was compiled from uncorrected Closed Captioning.