[21:00] [music]

[21:04] Are we sure? Can you hear me?

[21:11] » Hello? >> Yes, I can hear you. Melissa,

[21:17] » can you hear me? Yes. Okay.

[21:24] » Can you see the agenda on the screen?

[21:30] » No, I can't. >> What do you see?

[21:44] » I see that webcams are hidden. I think it's because I don't have the Wi-Fi on

[21:49] for all the webcams to be on. So, I think that's on my end. But, let me try

[21:52] to get that on. >> Okay.

[22:12] » Alicia, I see council chambers, but no. camera and then the podium. So, it's me,

[22:18] council chambers, and podium.

[22:25] » Okay, we're working on it. >> Thank you.

[22:41] » Wow. Okay. All

[22:47] right. Well, we should still [laughter]

[23:26] I went home.

[23:43] Hey, how's it going?

[24:06] » [laughter] >> I was thinking

[24:10] » jazz

[24:23] think I just ignored it.

[24:53] something and I have this conversation.

[25:07] Yeah. Yeah.

[25:19] Yeah.

[25:33] I was a little

[25:43] » weekend.

[25:54] My best friend always texts me. She'll be like,

[25:59] "Thanks for

[27:02] Are all you guys?

[27:18] Alicia, can you ask her if she can see the screen?

[27:23] » Melissa, can you see something different on the screen now?

[27:28] No, it still just has the CC for council chambers and the

[27:34] you know like the P for the podium.

[27:45] » Can you click on the podium one and make that your view?

[28:15] taxpayers. >> Yes, they are.

[28:30] Yeah.

[28:50] It says camera camera is off for the podium and the council chambers, Alicia.

[28:56] So,

[29:00] » okay. I don't think we're going to be able to change the view. So, you will

[29:05] have to pull up the YouTube feed if you want to see what's being viewed.

[29:11] » Okay.

[29:49] I don't think so.

[30:02] I call this meeting to order of the Marshalltown City Council Chambers. We

[30:06] are in City Hall at 10 West State Street. It's August 24th, 2026 at 5:30

[30:13] p.m. Would you please all join me for the pledge of

[30:15] » allegiance

[30:21] to the flag of the United States of America and to the republic for which it

[30:26] stands, one nation under God, indivisible, with liberty and justice

[30:32] for all. >> Amen.

[30:35] » Thank you. Can we have roll call, please? Cahill

[30:40] » here. Bonka >> here. Mitchell

[30:45] » here. >> Nicholls

[30:46] » here. >> Schneider

[30:47] » here. >> Thompson

[30:48] » here. >> Yep. Gomez

[30:50] » here. >> Okay, moving on to public comments.

[30:55] Members of the public may make comments on any item that is not on the agenda at

[31:00] this time. The speaker shall approach the microphone and state their name and

[31:04] address. Comment shall be limited to three minutes unless a longer comment is

[31:09] authorized by the mayor. [clears throat] The speaker shall direct comments to the

[31:14] mayor and council as a whole. The mayor and council may not provide a response

[31:19] to a public comment, but shall shall not engage in discussion or debate items

[31:26] raised by members of the public. No action may be taken on items raised in

[31:30] public comments to comply with Iowa's open meeting laws. With that, the

[31:35] microphone is open.

[31:46] Hello, Lane period 20 East State Street. Uh, believe it or not, I did not set out

[31:50] to wage a holy war on data centers. I just wanted to make sure the community I

[31:53] live in was protected and considered before a major development took place.

[31:57] That's all. But the amount of push back I have received from council members and

[32:00] from organizations invested in these projects has been disheartening and

[32:04] unexpected. I'm not the type to walk away though. I care about this town and

[32:08] I hope we can work together to make Marshalltown the best it can be for

[32:10] everyone who calls it home. The public asked for a moratorum because we needed

[32:15] time to understand what data centers meant for Marshalltown. Since then,

[32:18] public pressure has only grown. And now, before the moratorium is finished,

[32:22] before planning and zoning presents a final draft, before the public gets to

[32:26] attend the city hosted round table, we're having a data center developer

[32:29] present a project. This is happening before the rules are written, before the

[32:33] public process is complete, and before the moratorium is active. That does not

[32:37] look right. It does not feel right, and it does not build trust. Edgewood is

[32:42] inside city limits. The land being discussed is city-owned. when a

[32:45] developer presents a project and >> public comment is for things that are

[32:50] not on the agenda. >> Okay.

[32:52] » And these are on the agenda. So if you have something other than something

[32:56] that's on the agenda. [snorts] >> Yes.

[33:01] Right now the public is seeing a lot of things that look like decisions are

[33:04] being made behind the scenes. The only expert the city has had speak at council

[33:07] meetings so far has been Align Energy's lead community engagement consultant for

[33:11] data centers, Kylie Miller. He has spoken at length at both council and

[33:15] planning and zoning. He is not a neutral party. His job is to promote data center

[33:19] development. The public has not yet heard from independent experts,

[33:22] environmental experts, infrastructure experts, or anyone who is not directly

[33:26] tied to the industry. Our Marshalltown Area Chamber of Commerce, which is also

[33:30] the city's contracted head of economic development, has their branding and

[33:34] contact info on a data center development packet that was found on

[33:36] their website. This was at the same time that we were told there were no real

[33:40] proposals or plans. He has also helped launch a new organization growing Iowa's

[33:44] economy to publicly advocate for data centers both online and in printed

[33:48] media. Councilman Snyder spent almost $3,000 on a full page color ad in the

[33:53] Times Republican insisting that those of us with concerns are making mountains

[33:57] out of mole hills. And yet I can count on one hand how many residents have told

[34:01] me they have no concerns. The local government works for the residents. All

[34:04] of us. Not just the people who want this project. Not just the people who are

[34:08] excited about data centers. not just the people who have already made up their

[34:11] minds. We need a process we can trust. We need transparency and we need

[34:15] honesty. And we need to slow down enough to make sure that Marshalltown's future

[34:19] is shaped by the people who live here, not by outside pressure. Thank you.

[34:23] » Thank you, Lane.

[34:28] Anyone else?

[34:33] » Maggie Valentine, 2345 Whispering Oaks Road. Um, I [clears throat] just want to

[34:38] just last time, um, I think some people were a little bit confused about what

[34:41] items we'd be allowed to speak on and which ones we wouldn't be allowed to

[34:44] speak on. Um, so I just wanted to ask right now so that I'm not confused and

[34:48] don't miss the chance. Um, are the discussion like Jay, the discussion

[34:51] items, are we going to be allowed to comment on those tonight?

[34:55] » We will be. >> Yes. That's why the public comment is

[34:58] held for things that are not >> just there was just confusion about

[35:01] whether or not we would need a motion to be allowed to speak on those items or

[35:05] not. So just >> I will ask for public comment.

[35:07] » Thank you.

[35:10] » Anyone else?

[35:15] » Okay, we have mayor, councel, and administrator

[35:20] comments. Does anyone have anything? >> Sue,

[35:26] » thank you, your honor. I I this slipped my mind the last meeting that we were

[35:31] here, but a friend of mine who had commented several times on um the fact

[35:36] that we were spending some, you know, spending some money on the bridge on the

[35:40] other items, but she said during RagBry, her adult children who live in larger

[35:47] cities outside of Iowa came back and that they were floored at how well

[35:55] Marshall Town presented itself. between the um aquatic center, the water

[36:00] plaza, the the biking bridge, the um Franklin Field, the downtown plaza. She

[36:07] said she had to she said, "I have to apologize to you because I was

[36:11] complaining to you that we're we're just doing things wrong." But but she said

[36:15] they really were amazed at how well Marshall Town looked and the support of

[36:21] the people in it. So, I wanted to pass that on. Thanks to all of our people who

[36:25] have been involved in all of these projects that we're working on. Thank

[36:28] you. >> Okay. Anyone else?

[36:32] Um I'm going to follow up on something that uh Sue said. Does anyone remember

[36:36] Denise Long? >> Great great basketball player for uh

[36:41] Union Whitten. Uh I believe it was in the late 60s, early 70s, something like

[36:46] that. Well, Denise has moved on and and she ended up being a uh uh

[36:53] pharmacist down in Arizona, but she still has uh family up here that she

[36:59] comes up and visits every 6 months to a year. And the last time she came up just

[37:07] recently and walked downtown, she commented about what an upgrade

[37:11] Marshalltown is, how much it's changed and looking so much better than what she

[37:15] always remembered Marshall Town what it was. So I I do agree with Sue. Uh we're

[37:22] getting there. Okay, moving on to years of service. The

[37:28] police department

[37:34] » [clears throat]

[37:42] » Now he's >> look so nice.

[37:46] » Hey, thanks. >> Uh Chris Jones, chief of police. Um

[37:51] tonight we have two opportunities to celebrate two of our staff members um

[37:55] with some ma major milestones. Um the first one uh is our five-year milestone

[38:00] for uh Adon. Adon um was our 2023 employee of the year, right? Even with a

[38:08] a little almost two years on the department, um has really uh kind of

[38:13] turned a tide on on the culture of our agency. And if you can kind of tell

[38:17] between I know he's not smiling now, but he has a very infectious smile and a

[38:21] very positive attitude uh that kind of carries over to to all of our staff. So,

[38:27] part of Adon's duties, uh, he's currently works night shift, a field

[38:31] training officer for all of our young people and and specifically picked

[38:34] because of his patience and his ability to not only uh train others and and has

[38:40] had a background in training defensive tactics and boxing to to youth. Um, one

[38:45] of the things I'm particularly proud of is you grew up here in Marshalltown. So,

[38:49] he's a Marshalltown uh native uh that we were able to to hire. Um he is part of

[38:55] our child seat safety team and can and and able to use uh bilingual skills to

[39:00] be able to to help families uh better suit their children in child seats plus

[39:05] uh do help us do outreach throughout the community. Um, Adon's been a tremendous

[39:11] asset for us and um and throughout his career has always been a positive um

[39:18] motivator especially working nights at bringing a positive light to to some of

[39:22] those officers that work overnight. But um he's a tremendous uh has a tremendous

[39:29] career ahead of him and I want to thank you for your five years of service.

[39:32] » INDEED. [applause]

[39:38] SPEECH. [applause]

[39:45] SPEECH. SPEECH.

[39:49] [laughter]

[40:00] OKAY, PERFECT. >> DAVE.

[40:05] [clears throat]

[40:08] » OKAY, so Dave Dave and I started on the police department in the 1900s. Yeah.

[40:15] [laughter] >> Um we are officially um the last 20th

[40:20] century law enforcement officers on the department. And um one of the um aspects

[40:26] of of Dave is we uh when he moved to Marshalltown uh from the Iowa City area,

[40:32] » uh we lived in the same apartment complex uh and same apartment building I

[40:36] guess actually uh and became uh very close friends in the in the last uh 30

[40:42] years for sure. >> Um Dave has been on a variety of

[40:46] different areas within our uh agency. Has been a field training officer much

[40:50] like Adon. um carries an aspect of investigations and and traffic that we

[40:55] had um had helped pass on to many of the officers that are sitting in the back

[41:00] here helping to recognize both Adon and and Dave. Um we were on the SWAT team uh

[41:06] together for for a number of years have a a number of of stories back and forth

[41:11] which will you you can tell them privately that's perfectly fine. But um

[41:17] one of the things that uh that he did and I hope it's a pinnacle of your

[41:20] career is he helped us with our mid Iowa drug task force for a number of years as

[41:23] an undercover drug investigator. And um one of the things that I've always

[41:28] valued uh about Dave for sure is he's always uh been open uh with me and

[41:35] department leadership about changes that need to be done in the department. when

[41:39] he hears those from staff, uh Dave's an excellent listener, uh and then he

[41:44] passes that information. So, a lot of the times employees would be reluctant

[41:48] to maybe come forward to leadership to to make those changes and Dave's been

[41:51] the spokesperson um in a very respectful way uh to be

[41:57] able to get some of those changes. And uh when you take and look back on a

[42:01] 30-year career, it's um there's countless amounts of things that I can

[42:04] think of uh versus technology and scheduling uh that we have developed

[42:10] that Dave has um been the front runner in in making sure that those things

[42:15] happen and and standing behind his decisions. And one of the things that

[42:18] Dave has always done is if you came up with a problem, you always had a

[42:22] solution for us to do. And I'm I'm um very proud of you and your 30 years of

[42:27] service. And um I'm glad you're here. Thank you.

[42:29] » Thank you. [applause]

[42:39] [applause]

[42:52] Hey. Uh Chief Cross.

[43:04] Thank you, uh, Mr. Mayor and Council. I'd like to introduce you to the real

[43:08] fire chief. [laughter]

[43:11] » This This is, uh, Maria Ramirez, and she's my and she's my office manager,

[43:15] and she's indispensable to me, >> and she's, uh, celebrating a 5-year, uh,

[43:22] milestone in service tonight. And I just I just can't thank you enough. It seems

[43:26] like only yesterday you you uh you came to the department, but yet it feels like

[43:31] forever because you do such a good job. So congratulations on 5 years. Um

[43:39] love to have you for as long as you'll have us. So thank you. [applause]

[43:46] » Yeah. So we're going to ambush uh we're going

[43:50] to ambush Maria um just a little bit. Um, I got minding my own business. Your

[43:56] honor, if you permit me, just a little latitude here.

[43:58] » Um, sitting in my office, minding my own business, and I get an email from

[44:02] Sergeant Roush from the police department, and I'm like, "Oh, boy." And

[44:06] it's about one of my employees, and I'm like, "Okay, uh, who got pulled

[44:10] over or who crashed into something or, you know, somebody got in trouble off

[44:15] duty and we got to do something crazy." Uh, but it was none of those things. And

[44:20] the email focused around um a law enforcement

[44:25] uh interaction um that Sergeant Roush had to do his business at a local

[44:31] business at a local uh a merkantile establishment

[44:35] and the people that were involved uh in Sergeant Rous's business uh the the male

[44:42] part of the uh of the duo, the husband and wife um had to go clear up some

[44:48] loose ends with um Sergeant Rous's people and the wife of the the duo was

[44:56] left stranded um with a language barrier um at at uh out of business.

[45:05] And so Sergeant Rash wrote me an email and I'm going to give you some excerpts

[45:09] from this if that's cool and then you can offer some commentary afterwards.

[45:12] Um, so you kind of know the premise of the setup and we'll call the person that

[45:17] Maria helped Mrs. G. Cool. Uh, I was unable to clearly communicate with her

[45:23] using the language line to find out why she was so scared. Um, I was able to get

[45:27] her to agree to come to the PD PD to talk to Impact through an interpreter.

[45:37] Um, I found out on the way to the PD that Impact was out of town. they were

[45:41] they were busy doing other things for other people in other places and that

[45:45] the only Spanish speaking officer on duty was uh out of service or tied up on

[45:50] something else. So, Sergeant Rash is dealing with a problem trying to

[45:54] communicate um and trying to help somebody who's not involved with law

[45:57] enforcement get them stable, get them home. Um and he had no way to do that.

[46:03] So, he's like, "Well, I'm just going to come to the PD and we're going to see if

[46:05] Impact can come and talk." So then she he saw Maria and asked Maria to come out

[46:10] and talk with Mrs. G. And not only did Maria save the day for Sergeant Roush in

[46:20] getting the the Mrs. G from where she was to where she needed to be in a safe

[46:25] and stable manner. She helped Mrs. G figure it all out and become at peace,

[46:33] so to speak, with what was happened. Um, one of the things that um that was most

[46:39] striking to me about Sergeant Roush's email,

[46:42] uh, he he says, "In reality, Maria stepped up and helped Mrs. G in a time

[46:49] where her where her world felt like it was coming apart. Not only was she

[46:53] willing, but she was incredibly effective and empathetic on somebody's

[46:57] worst day. Her actions bring credit to her, the Marshalltown Fire Department,

[47:03] and the city of Marshalltown. So, because of that email, we I I talked

[47:07] with my command staff and we have a a policy that we can award um

[47:13] accommodations to our staff based on performance. So, that's what we're going

[47:17] to do tonight. >> [snorts]

[47:18] » Um, so we are we're going to award Maria the certificate of meritorious conduct

[47:28] and and what it what it says is for exceptional performance in a

[47:31] non-emergency situation providing exceptional and compassionate service to

[47:35] those in need. And I put the quote from Sergeant Rous's email underneath the

[47:40] description that she was not only willing but incredibly effective and

[47:43] empathetic on somebody's worst day. Her actions bring credit to her, the

[47:48] Marshalltown Fire Department, and the city of Marshalltown. And that signed by

[47:52] me. And congratulations. We're very, very proud of you. [applause]

[48:00] You'd like to offer some commentary. [applause]

[48:05] All right. So, as a police officer, one of the hardest

[48:09] things you can do is is realize that you can't handle a situation by yourself.

[48:14] and the other is actually asking for help. And as I was driving back from

[48:18] this establishment to to uh the PD, it took me 25 minutes to get this lady to

[48:23] actually get into the car with me. And as I'm going to the PD, they tell me

[48:27] that Impact's not in town and that our only Spanish speaking officer is in

[48:31] court. And I'm think I don't I don't I have no idea what I'm going to do. And I

[48:35] walked into the PD and I saw Maria and I was like, I don't even know if she

[48:39] speaks Spanish, but I sure hope she does. [laughter]

[48:42] So, I go in and I I kind of fill her in as to what's going on. And I explain

[48:46] that I don't have any rapport with this lady. We had just arrested her husband

[48:50] and she was, if I had to explain the fear that she was in, it was like a like

[48:56] a four-year-old missing their parents in a in a uh in a store. Um, and so I I

[49:03] told her that and I said, I I didn't ask her to interpret for me. I asked her to

[49:07] intervene. So, she actually went out by herself and talked to this lady and she

[49:10] came back in like two minutes. I'm like, that was quick. And she's like, "I'm not

[49:14] done yet." She grabbed some some tissues and then brought them out and continued

[49:17] to talk with her. And she was able to figure out what the problem was. And

[49:21] that was the that was the biggest issue that I had, especially using language

[49:24] line is I didn't know what the problem was. Why was she so emotional? Why was

[49:28] she so distraught? And so, she was able to figure that out. And at about that

[49:32] time, Impact was able to, you know, show back up and she was able to interpret

[49:35] for them and they were able to to come to a a resolution to this this problem,

[49:40] at least for the day. Um, so I I appreciate that, Maria. It was it was uh

[49:45] um you really you really helped me out that day. I'd like to say that she

[49:48] helped me out, but she really did. She helped she helped her out. So, I

[49:51] appreciate that. Thank you. [applause]

[49:59] » Thank you, Y. I appreciate it. I appreciate it.

[50:04] » Okay, moving on to the consent agenda. Number nine,

[50:08] » I have a motion to make before the consent agenda.

[50:11] » Excuse me. >> Oh, I have uh I have a motion to make. I

[50:14] let Alicia know that I would like to do a order of business motion.

[50:20] » Let's Let's do that right after the consent agenda.

[50:22] » I think it has to be before. No, >> you do it before.

[50:27] » Okay, go ahead and make a motion. >> Okay. Yeah. Um, so since I'm guessing

[50:30] most of the people here are for the data center stuff, um, I would like to make a

[50:36] motion to change items I, J, and K right after the consent agenda.

[50:45] » I hear a second. >> I'll second that.

[50:48] » Any questions or comments?

[50:52] » Roll call, please.

[51:00] Mitchell, >> yes.

[51:03] » Nicholls, >> yes.

[51:05] » Schneider, >> yes.

[51:06] » Thompson, >> yes.

[51:09] » Yep. Gomez, >> yes.

[51:11] » KL, >> yes.

[51:14] » Bonka.

[51:19] Pone

[51:26] » one more time. >> Ponea.

[51:33] » The motion did pass. >> And our microphones. Now if you just

[51:38] push the button and it'll leave it on.

[51:45] Okay, that will be moved. So, let's move on to

[51:50] the consent agenda. Item number nine has been requested to be pulled from the

[51:55] consent agenda. Can I get a motion to approve? Uh,

[52:02] » move to approve, your honor.

[52:09] It was after the consent agenda.

[52:15] » Second. >> Any other questions or comments?

[52:19] » Roll call, please. >> Nicholls,

[52:21] » yes. >> Schneider,

[52:22] » yes. >> Thompson,

[52:24] » yes. >> Yep. Gomez,

[52:25] » yes. >> Cahill,

[52:26] » yes. Bonka.

[52:30] » Mitchell, >> yes.

[52:34] Okay.

[52:37] Now Steve, do we move to item number nine then?

[53:00] » No. Resolution to approve the code building

[53:03] upgrade grant application for St. Mary's Catholic Church at 11 Westland Street,

[53:07] Marshalltown, Iowa. >> I hear a motion for approval.

[53:15] » So move.

[53:19] » Second. >> Okay, let's open it up for discussion.

[53:24] » Thank you, your honor. The reason I pulled this is I think we need

[53:29] clarification on just what we're doing with the grants

[53:34] for buildings downtown. Um I'm not opposed to this, but this brings up a

[53:41] golden opportunity to clarify what buildings, what businesses, what

[53:48] structures qualify for the grants that we give out. Um,

[53:54] last year we gave a grant to the Elks Lodge and they own that building and

[54:00] that was a nonprofit. I apologize for not catching it then because

[54:06] there are some people that believe these grants are for taxpaying businesses and

[54:11] that these grants would be recouped in higher assessments and uh therefore they

[54:18] were the only ones that qualified. Well, we gave the one to the Elks last year.

[54:22] Now, we're probably gonna give this one to the church. But in talking to

[54:27] Danielle, and Danielle will correct me if I put words in her mouth, but the way

[54:33] the grant criteria is written, we say a commercial building.

[54:39] So, and the the the

[54:45] re the I don't know how to say this, the determining factor that it's a

[54:49] commercial building is the county's assessor's office. So, in this case, you

[54:55] know, Elks Lodge and St. Mary's Church, they're both commercial buildings. Now,

[55:01] where it gets ugly is, and I'm going to use the Benford House as an example, the

[55:08] Benford House, which is a nonprofit, it according to the county's assessor

[55:15] site, it is not a commercial building. It is a residential building.

[55:21] So, so now we're we're we're splitting some hairs again that some nonprofits

[55:28] qualify for the grants and some nonprofits do. So I guess I'm using this

[55:34] opportunity that we need to have a discussion

[55:39] probably not here but later that we need input from the public

[55:46] um and obviously the MCBD that are these grants for everybody that

[55:52] has a structure inside the central business district boundaries because the

[55:58] intent is to make the central business district look nice or is this truly just

[56:05] for commercial buildings based on the Marshall County Assessor's website?

[56:11] So, I'm just planting a seed for the public how they feel about this because

[56:16] these grants obviously are repaid down the road through, you know, if these are

[56:22] facade grants that later the buildings would be assessed at a higher value

[56:26] obviously and we would get we would recoup the money comes out of the tiff

[56:31] zone. So, that's my spiel. Um, did you want to correct anything or add

[56:38] to that?

[56:45] The only correction I have is I don't Oh, I'm sorry. Danielle Leakan,

[56:49] executive director of the Marshalltown Central Business District. Uh, the only

[56:52] correction I have is I didn't know what definition to utilize for commercial

[56:57] when processing this grant. So commercial, does that mean for profofit?

[57:03] Well, I was aware of the precedent of a nonprofit previously getting a grant. So

[57:07] that obviously does not mean that. So then it's well does city code define

[57:12] commercial? No, there is no definition in city code of what commercial is. And

[57:16] so there was just a lot of conversation around bringing this grant application

[57:20] forward and I could not find any reason not to. It felt like it complied with

[57:24] everything that was stipulated. Um but councelor Thompson did raise a good

[57:28] point that Benford House operates commercially as a nonprofit, but they

[57:34] are they are classed as residential by the county assessor site. And so it's

[57:38] really just seeking some clarification about who's eligible and who isn't. Um,

[57:47] does anyone else have anything on this?

[57:52] » I do agree at a later date we probably need to uh clarify that.

[57:59] » Yes.

[58:07] Mark Eaton, 107 South 10th Avenue. As Gary has as Mr. Thompson has uh

[58:14] pointed out, this is tax increment finance money which comes out of the

[58:18] general fund which has a hole in it. And in my opinion, we shouldn't be doing any

[58:24] facade grants. But um that's just my opinion. The other side of it is a

[58:30] nonprofit. We've stopped we we are we are working hard to stop giving taxpayer

[58:38] money to nonprofits. [cough and laughter]

[58:42] You are basically forcing the taxpayer to give a donation to a nonprofit

[58:48] because they don't pay property taxes. And I think there should be enough

[58:53] investors in the community to support the nonprofits.

[58:59] We have stopped giving money to the MAC building. Um, yes, we give money to the

[59:03] art alliance, but that's because they're under contract to do work. Yes, we give

[59:08] money to the chamber because they're under contract to do work,

[59:13] but we shouldn't be giving non taxpayer money to nonprofits. Thank you.

[59:22] I I would just chime in that, you know, whether a property qualifies as

[59:27] commercial or not is going to be a legal question. And I'd be happy to weigh in

[59:31] on that um in a more private setting without waving confidentiality if

[59:36] someone uh sees fit to pose that question to me.

[59:40] » I think that would be wise. Um, your honor,

[59:45] if we were to have these discussions to get a better definition for the

[59:50] boundaries of the m the central business district, how long do you think that

[59:55] would take? I mean, would it be worth postponing this one until we finish that

[1:00:02] conversation? Because I'm assuming that we would set that policy by resolution.

[1:00:07] Here we go. I would think a month anyway. I don't see a lot of changes in

[1:00:15] it. >> Okay. So, since these grants are

[1:00:18] reimbursements, there [clears throat] really is

[1:00:22] no reason to pass this through tonight. They can wait

[1:00:26] a month. They can still do their work. I don't think they're going to Oh, they're

[1:00:31] not. Oh, come on.

[1:00:36] Danielle Leak, executive director of the Marshon Central Business District. They

[1:00:39] cannot start work until the grant has been approved. So it would delay their

[1:00:43] project. [snorts]

[1:00:47] » That's one of the criteria we do agree on. Yeah.

[1:00:52] » Okay. Is there any other questions or comments?

[1:00:59] » Just what one more comment. >> Okay.

[1:01:01] » If I may. >> Yes.

[1:01:04] Um what makes this really interesting the

[1:01:08] way the central business district is is uh defined

[1:01:14] my house is in the boundaries of the central business district where I rent.

[1:01:20] So under the current rules my landlord

[1:01:27] could possibly get a grant to fix his rental property.

[1:01:31] I think you had to fix your van first, actually.

[1:01:36] » And I want to thank uh Officer Powell and the chief for not reminiscing about

[1:01:43] their time together in my van.

[1:01:48] Okay, >> Mr. Mayor, I have a question for Steve.

[1:01:50] So, Steve, would you recommend us to vote no on this and then just get

[1:01:55] clarification on commercial

[1:01:59] » postpone it or >> I guess it depends on if folks think

[1:02:04] they need

[1:02:07] » would one month be you know for for one month to get clarity on what commercial

[1:02:13] is would that affect the church.

[1:02:20] » Given that this is an outdoor construction project and it's already

[1:02:24] August, I would say yes, that would negatively impact their project.

[1:02:28] » I mean, I feel like they applied under good faith as the rules currently exist.

[1:02:33] Okay. >> And I think if you want to change the

[1:02:35] rules, I think that's >> that's a conversation we can have, but I

[1:02:38] don't think we should change the rules. >> Okay. now for this application

[1:02:44] » and I think I can weigh in just on a pretty shallow level without reviewing

[1:02:49] any of the other grant applications or materials. Generally a property whether

[1:02:54] it's residential, commercial, etc. is determined by use and zoning as opposed

[1:02:59] to owner. Um, so if a propertyy's commercial in nature and zoned

[1:03:05] commercial, uh, whether it's a for-profit or a nonprofit doesn't

[1:03:11] really factor into that equation generally. Again, I haven't looked at

[1:03:16] the specific grant applications or anything that might shift that.

[1:03:20] » And this property is zoned urban core.

[1:03:26] I guess my my own opinion is to move forward forward with this one, but then

[1:03:31] uh take a good look at uh how how the wording is and if we should change it

[1:03:38] and bring it back to council. So

[1:03:42] with that, anyone else?

[1:03:47] Roll call, please. >> Schneider,

[1:03:49] » yes. >> Thompson,

[1:03:50] » yes. Yep. >> Gomez,

[1:03:52] » yes. >> Kahill,

[1:03:53] » yes. phone. Um, Melissa asked that I uh vote yes for her. Mitchell,

[1:04:00] » yes. >> Nicholls,

[1:04:01] » yes. >> Okay, now we're going. Your honor, point

[1:04:06] of order. Do we have Melissa still on? >> She's listening but can't speak.

[1:04:14] » So, she's going through uh Carol's phone.

[1:04:18] Okay. Uh moving on to uh item number I, ordinances.

[1:04:30] » Ordinance 15123 on the amendment to chapter 156 of the code of ordinances of

[1:04:36] the city of Marshtown, Iowa, establishing a temporary data center

[1:04:39] moratorium. Second reading. >> Okay.

[1:04:42] » Move for approval. >> Second.

[1:04:45] » I have a motion and a second. Would you like to give us just a quick update,

[1:04:50] Clayton?

[1:04:54] » Good evening, Clayton Ender, assistant director housing community development.

[1:04:57] This is your second reading on this item. Uh there have been no changes

[1:05:01] proposed to it since your first reading, but a quick little synopsis of the

[1:05:05] ordinance is it would establish a moratorum uh a four-month mortorium

[1:05:10] based on your July 13th meeting date when you made the original motion. Uh so

[1:05:15] that would go to November I didn't write it down here 23rd

[1:05:20] of this year. Uh it is there is a provision included within the ordinance

[1:05:25] to grant the city council the authority to do a one-time 60-day extension if

[1:05:31] it's found additional time is needed to study uh study the topic or to process

[1:05:37] any amendments through the legal process. Um any additional extensions

[1:05:41] beyond that one one time 60 days would be subsequent ordinance uh review and

[1:05:46] approval. Um happy to go into further detail or answer questions if needed on

[1:05:50] this. Uh planning and zoning commission has recommended approval of the

[1:05:54] temporary moratorum. >> Any questions or comments up here?

[1:05:59] » Mr. Mayor, I I have a clarification. So I want to make a motion to wave the

[1:06:04] third reading. Is that do I have to do that right now or after the roll call?

[1:06:09] You can um he can do that now. >> Okay.

[1:06:14] » After. >> Okay.

[1:06:16] » Okay. Anything from the crowd?

[1:06:26] » Lane Perry, 20 East State Street. Hang on.

[1:06:31] Okay. Uh thank you for moving this item to the start of the meeting. This helps

[1:06:34] make sure the public can speak before any development talk happens. I support

[1:06:38] approving the second reading of the moratorium and waving the third reading

[1:06:41] tonight. The reason is simple. We need the moratorium in place as soon as

[1:06:44] possible. Right now, the moratorium is not active. Even after a vote, it does

[1:06:48] not become real until it is printed in the newspaper. Waving the third reading

[1:06:52] shortens that gap. It reduces the time where a developer could try to have

[1:06:55] something say start something and later say that they should be grandfathered

[1:06:59] in. Passing the second reading and waving the third reading tonight gives

[1:07:02] the city the strongest protection. It keeps the rules fair, prevents loopholes

[1:07:06] and makes sure no development gets ahead of the process. I ask the council to

[1:07:10] approve the second reading and wave the third reading so the moratorium can move

[1:07:13] forward without further delay. Thank you.

[1:07:15] » Thank you. >> Anyone else?

[1:07:24] » I mean I guess I just want to Oh yeah, sorry. Maggie Valentine 2345 Whispering

[1:07:28] Oaks Road. Um I guess I just want to reiterate that. Um, I think I'm assuming

[1:07:34] a lot of people want to just move forward with the moratorum. Um, I've

[1:07:38] talked to [clears throat] quite a few people that have absolutely no clue that

[1:07:42] it's not actually in effect until after the third reading. So, I would ask that

[1:07:45] you guys go ahead and pass the mortorium and wave the third reading, please.

[1:07:55] Aaron Carpenter, 802 North Fourth Street. Um, I know last time that the

[1:07:59] waving the third reading did not pass. Um, but I would like to urge the council

[1:08:04] to use the provision in Iowa code that allows for this

[1:08:11] exact thing uh and and put it into use in the way

[1:08:17] that it's intended to be used. Thank you.

[1:08:24] Doris Kick, 2020, Catalina Place, Marshalltown, Iowa. I want the extension

[1:08:30] of 60 days. We need that. >> Second.

[1:08:36] » Anyone else?

[1:08:43] » 31405th Street. My name is Roberto Gonzalez. Uh, I think passing the

[1:08:47] moratorum is showing the community that we take care that we care about the

[1:08:50] community. We care about the community input and what we're trying to do. and

[1:08:54] also showing transparency to the community. I think that's really good to

[1:08:57] just pass that second reading and pass a moratorum too and wait the third.

[1:09:01] » Thank you.

[1:09:07] » April long 911 May Street. I would ask that the council

[1:09:14] uh vote for the second and waving the third. There's no rush for this thing to

[1:09:20] for a data center to be built. The people of Marshalltown need to become

[1:09:26] more educated on the risk benefit and benefits of um a data center.

[1:09:34] So pass the resolution, wave the third reading, and give the community time to

[1:09:41] find out fully what is in store for them. Personally, I don't want to see a

[1:09:47] data center in our community. I think it's a mistake. I [snorts] think

[1:09:53] people are being blinded by the possibility of quick bucks coming into

[1:09:58] our community. The long-term effects are not going to be what we hope they are.

[1:10:04] So, please vote no on any data centers and vote yes on a moratorum. And I would

[1:10:10] also like to see the moratorum expanded even longer so that there's more time to

[1:10:16] get accurate true information out there. Thank you.

[1:10:22] Okay,

[1:10:31] » Sarah Neurroth, 20 East State Street. I honestly, this is the first time I've

[1:10:37] ever come to city council meeting and this is the welcome. [laughter]

[1:10:41] » Thank you. This is the main reason. I think that I personally don't see a lot

[1:10:48] of the benefits, but I would like us to explore it. I would like the public to

[1:10:53] actually get to see both sides of it because I'm not infallible. you know, my

[1:11:00] what I understand from the research I've done, I do not think it would be a good

[1:11:06] thing for our community, but I think we really need to

[1:11:10] take that 4 months to figure it out and not rush into anything.

[1:11:16] And honestly, Lane had a really good point cuz I

[1:11:21] didn't realize until last week that the moratorum was not in effect. So I think

[1:11:28] a lot of the public think that it is already. So I would really like to see

[1:11:33] you guys just you know approve the moratorum and wave the third reading.

[1:11:40] Thank you. >> Thank you.

[1:11:44] Do we have anybody else?

[1:11:49] » Okay,

[1:11:53] » Mr. Mayor. >> Why is Sorry about that standing back

[1:11:56] there. a little behind the post. >> Uh, okay. So, Mark Eaton, 107 South

[1:12:01] Avenue. Um, I I I'm in listening to the community, I'm going to get burned

[1:12:06] either way, but here we go. Um, the moratorum is not in effect

[1:12:14] until this ordinance passes, but the clock on the moratorum

[1:12:20] is counting from the 13th of July. How is that possible? What is the legal

[1:12:30] ruling on this? How are you not getting yourself in hot water in either

[1:12:36] direction?

[1:12:44] » Um, Clayton, can you answer that?

[1:12:58] uh Clayton, assistant director, housing community development. Again, uh I was

[1:13:02] the one that drafted this ordinance for your review. Uh it was my understanding

[1:13:06] from your motion on July 13th that uh you all thought that was sufficient to

[1:13:12] enact a moratorum and uh so I just based that uh date off of that four that four

[1:13:19] months off of there uh because the assumption at the time was that's when

[1:13:23] it went into effect. Legally it hasn't. But I did put a date certain in there of

[1:13:28] November 23rd, 2026. Uh that certainly can be that date could certainly be

[1:13:34] modified at the discretion of the city council with an amendment to the

[1:13:36] ordinance >> question.

[1:13:41] » So Clayton for the planning and zoning the big question is is that time is it

[1:13:45] you've been working on this since before any official passing of the moratorum.

[1:13:50] So is this sufficient time the end of November for you to get the planning and

[1:13:54] zoning in place? >> I I absolutely believe it is. I

[1:13:57] presented a schedule at earlier uh agendas. Um [clears throat] planning and

[1:14:02] zoning commission has already been at work on this specific topic. They've

[1:14:06] held two work sessions. Uh we have a community roundt event scheduled for

[1:14:10] this Thursday. I'm going to do a little plug here for a moment. Uh Thursday

[1:14:15] doors open 5:00 p.m. at the coliseum second floor. Event starts 5:30. Every

[1:14:20] person's welcome and invited to attend. Um so planning commission has already

[1:14:25] been at work on this. uh we put together a schedule that would have a third uh

[1:14:29] have an ordinance in front of the council and uh ready for third and final

[1:14:34] reading on your November 23rd date. So that's how we arrived at that date. Um

[1:14:40] but we put in that 60-day addition recognizing that life can happen.

[1:14:46] » Thank you. >> Any other questions?

[1:14:59] Sherry Larson, Shady Oaks Road. I am in the eye of the storm of where the city

[1:15:05] wants to expand and offer has been made price for my home already. So I Yes, I

[1:15:12] want a moratorum to begin. I agree. I like the three readings, but I want the

[1:15:17] moratorum more. >> Thank you.

[1:15:20] » And an extension. Thank you.

[1:15:30] » Annie Grecip 2125 290th Street Melbourne, Iowa. I have come to call

[1:15:37] this moratorium Schroinger's moratorum. It's a lot like Schrodinger's cat. It's

[1:15:42] alive or it's dead. The mortorium has started. The mortorium

[1:15:47] has not started at this point. If you go with the November date,

[1:15:53] even if you wave the third reading now, by the time the ordinance is printed, it

[1:15:59] will be a 10-week moratorum. So, either change the name

[1:16:04] or live up to the name. Thank you. >> Thank you.

[1:16:15] » Good evening, Mayor and Council. John Hall, Marshalltown Area Chamber of

[1:16:18] Commerce, 34 West Main Street. Uh it's uh my recommendation as well to uh have

[1:16:24] you all um not only pass the the moratorium tonight, but also wave the

[1:16:28] third reading. Uh if nothing else than uh preservation of people's time. you

[1:16:33] know, we we are asking uh the same community members that are are showing

[1:16:37] up here to show up for planning and zoning to uh provide their feedback into

[1:16:41] that process uh as the uh uh um [snorts] ordinances and and zoning code are uh

[1:16:48] amended and and made changes. And uh I personally would rather see uh folks

[1:16:53] have the you know there there's a limited amount of time that that folks

[1:16:57] have uh spend that time and energy uh at those efforts recognizing that uh I

[1:17:04] think there's desire to move the moratorium forward and put it in place.

[1:17:08] uh in addition uh and and maybe this is a bit a bit selfishly uh get past this

[1:17:14] point of uh a lot of the um concerns and conspiracies that uh that I continue to

[1:17:20] see particularly on social media. Um you know, we've got a project that will will

[1:17:25] be in front of you all later tonight. As Clayton has described at the the last

[1:17:28] city council meeting, there are certain actions that uh the moratorum uh will

[1:17:33] will prohibit and certain actions that it would allow to continue. Uh and the

[1:17:38] the major component of that being the due diligence necessary on on-site

[1:17:43] development uh and planning uh uh recognizing that any project that would

[1:17:48] come forward would have to meet uh the new zoning code, whatever that would be

[1:17:53] at the time of of uh it being adopted. But um yeah, it it would be my hope to

[1:17:59] see the uh second reading passed and the third reading waved to move this forward

[1:18:04] expeditiously. Thank you. Thank you, John.

[1:18:08] » Your honor, can I ask for a clarification?

[1:18:10] » Yes. >> Um, I know one of our speakers mentioned

[1:18:14] the Shady Oaks area. That is not in city um limits, is it? The area of Shady

[1:18:21] Oaks. It is county property. >> Okay. I just wanted to clarify that that

[1:18:26] the city is really not involved with that at this point.

[1:18:29] » Correct. >> Thank you.

[1:18:30] » The majority of that land is in unincorporated county.

[1:18:34] » Thank you.

[1:18:38] Uh Zachary Hamilton, 2250 Shady Oaks Road. Um to that point, it is listed in

[1:18:43] the reimagined Marshtown project for future industrial use via annexation. So

[1:18:48] just something to consider. Um actually what I would like to do tonight is just

[1:18:52] encourage the city as a whole to be productive during the moratorum. Uh my

[1:18:58] impression of the city council is the votes would currently be in favor of a

[1:19:02] data center eventually being in Marshalltown.

[1:19:05] And speaking as someone who could be affected by one next door, I think the

[1:19:09] worst thing that could happen would be to bicker and argue and get through the

[1:19:14] whole moratorum and not have any progress made on our zoning ordinances.

[1:19:18] That would be potentially worst case situation for individuals that would be

[1:19:22] living next to one. And so I would encourage the community as a whole to be

[1:19:26] proactive and involved in these conversations as a moratorum goes into

[1:19:30] effect. Be involved Thursday night. help make some progress on this so that when

[1:19:35] all is said and done, individuals like myself, uh, those on the north edge of

[1:19:40] town can be more comfortable potentially with what the outcome of the situation

[1:19:44] might be as the ordinances are updated, hopefully in our favor to some degree.

[1:19:49] And so that is my that's my encouragement tonight. Thank you.

[1:19:53] » Thank you,

[1:19:57] » Lee B, Marshalltown, Iowa. Um, I want to echo what he just said. Um when Thursday

[1:20:03] arrives, we need to be informed as citizens and come informed. So with um I

[1:20:09] did make a phone call to Annie to see if I could print something off. Um we do

[1:20:13] have a data center planning a Hubble informed roundt handout. It's a

[1:20:17] one-pager with some information on here. If you want to see us after the meeting,

[1:20:21] please do. It gives us a a basis for educated comments looking at is this the

[1:20:29] right thing for Marshall 10? Is it not the right thing for Marshall Town? I'm

[1:20:32] not going to say one way or the other, but I'm saying let's gain the education.

[1:20:38] Let's gain the knowledge so we make wise decisions for our future. You guys have

[1:20:42] heard me say this is a legacy decision we're making. And I'll use um Aaron,

[1:20:47] I'll do the tree thing tonight. Um when we plant the tree, we plant it for the

[1:20:52] generations, the future generations. I may not sit under that tree and get the

[1:20:57] shade. I may not pick the fruit, but I want my children I want my grandchildren

[1:21:02] and great-grandchildren to do that. That's what this is going to be for our

[1:21:06] community. So, let's be wise. Let's come ready to go. And I guess I have one

[1:21:12] question for Clayton. Um I'm not sure. I've been to all the PNC meetings. Are

[1:21:17] we having another round table or just one round table? Thank [snorts] you.

[1:21:27] The schedule as I presented it to the council and commission included the

[1:21:30] single community roundt. Uh then we would have uh first draft of ordinances

[1:21:35] on September 17th and then at the start of October we would like to do a a

[1:21:39] public open house. Uh that'll be more of a informal come and go rather than

[1:21:44] everyone stick around for the entire time. You're welcome to stick around the

[1:21:47] whole time if you want uh but you wouldn't need to. So I do intend to host

[1:21:52] at least two public open house events. One being the round table, one being

[1:21:56] more traditional open house. >> Okay. Thank you, Clayton.

[1:22:02] Anyone else?

[1:22:08] » Thank you.

[1:22:12] » Yeah, my name is Jimmy Lant. I live down at 610 North 4th Avenue.

[1:22:18] uh this meeting you're going to have July 27th, August 27th at the coliseum.

[1:22:25] Is that going to explain this whole thing all about it? All the pluses about

[1:22:30] it, all the negative things about it, or what's it going to do? Are we just going

[1:22:35] to argue on it? Well, my my concern is these things get pretty loud and you

[1:22:43] don't have to live next to it. I do. And I got brother-in-laws that live next

[1:22:49] to wind turbles and they get they get kickbacks from the wind turbal people on

[1:22:55] the loudness of the m of the of the noise through moneywise. Am I going to

[1:23:00] get any kickback through this or the city going to get it?

[1:23:05] I just want to know the positive stuff, the negative stuff. And I think I'm

[1:23:10] entitled to that as a citizen in Larstown.

[1:23:14] I've been here 78 years. I'm sick of how things are being run here. I've been

[1:23:19] trying to get help from this guy, all these people up here. And they're all

[1:23:25] putting their heads down right now, some of them. But you know what? Stuff's

[1:23:29] never got done. But I pay my taxes once a year in September for a whole year.

[1:23:35] But starting this September, it's going to be six months at a time because I'm

[1:23:40] tired of this. I'm tired of this. you. I'd like to take all you guys for a ride

[1:23:45] around this town and rent a bus and me be the talker on the bus and I'd hire

[1:23:52] the driver and show you what a all the negative stuff is in this town. But you

[1:23:57] guys will not take me up on it cuz I I offered that once before. One thing I'll

[1:24:03] say about Mayor Thompson and Bobby Schubert, they come down to Maya area

[1:24:08] and they walked that whole alley all the way down to the park and they took care

[1:24:12] of things, but then the things got back just like they are today.

[1:24:18] And I know and Mike knows what I'm talking about. I'm talking about a

[1:24:21] dumpster that been down there since 2020 and it hasn't been emptied. There been a

[1:24:28] fire in it. The fire department had to come down and put the fire out. Now it's

[1:24:32] full garbage skin. I'm just sick of how things are run and people on this data

[1:24:37] center. I want to know the pluses and the negatives about it. Is that going to

[1:24:42] be taken care of in this meeting, Mike? Um

[1:24:47] I there's no data center. We're going to have a presentation tonight on a data

[1:24:52] center. So you'll learn a lot of the positives probably.

[1:24:56] » Yeah. >> On it. Um, and what the meeting at the

[1:25:01] coliseum is for is to say, okay, if we're going to have something in this

[1:25:06] community, it has to have these certain, we have to set the bar high so that if

[1:25:12] you're coming in, because there is no doubt in my mind, the data centers went

[1:25:16] into communities that didn't care. And so the data centers, they just they did

[1:25:23] bad stuff. And it's because the city didn't hold them to high standards as

[1:25:28] far as even beginning because if you can't clear our bar, we don't want you

[1:25:33] here and we won't be a you won't be able to come here.

[1:25:37] » And that's what a lot of the the roundt discussions are is what's really

[1:25:42] important here. >> This is such a big topic that to free up

[1:25:47] all you guys, why don't you have a public election on this if you want it

[1:25:52] or not? Let the people that pay the taxes make the determination. I know the

[1:25:56] people that pay the taxes elected you in, but let the people out there. You

[1:26:01] guys can give it up for one time. It's a big deal. Back when I was a kid, this

[1:26:06] tall, I remember uh John Deere wanting to come into this town. Want to come

[1:26:12] into this town and they got shot down from a deal like this. It got shot down

[1:26:18] cuz you know what it's money talks and the other stuff walks.

[1:26:23] » Okay. Thank you, Jimmy. You're out of time.

[1:26:26] » Well, you know what I'm saying. >> I know what you're saying.

[1:26:29] » Why Why can't you let the people of Martown vote on it?

[1:26:31] » Because >> because you live in a representative

[1:26:35] government.

[1:26:39] » So, and that's why you elected these people to represent you is why.

[1:26:44] » Well, they know what I want. I'll be there at that meeting.

[1:26:48] » Yeah. >> Okay. Uh

[1:26:52] » I think there's another. >> Is there anyone else?

[1:26:54] » Yeah. >> Let's have a roll call, please.

[1:26:59] » Oh,

[1:27:02] » my name is Renee Nodland. I live at 305 North Fourth Street. Um I have my

[1:27:08] reasons. I oppose the data center. Um I don't know a lot about it. I myself

[1:27:13] would like to be a little more educated but for reasons of pollution um produces

[1:27:18] heat um for several reasons um I am against the data centers.

[1:27:25] That's all I have to say. >> Thank you.

[1:27:27] » Thank you.

[1:27:32] » Anyone that wants to come up and speak, we're talking about the moratorum only.

[1:27:38] So other side issues do not apply right now. I just had like a quick question

[1:27:43] about something that was said. Uh you said something about a presentation

[1:27:46] tonight. Is that something >> open to the public or

[1:27:50] » when and where is that? >> It's part of the agenda.

[1:27:53] » Okay. I'm sorry. >> All right. Thank you. Sorry.

[1:27:59] » Anyone else?

[1:28:03] » Roll call, please. >> Kahill.

[1:28:07] » Yes. Consea Mitchell,

[1:28:12] » yes. >> Nicholls,

[1:28:13] » yes. >> Schneider,

[1:28:14] » no. >> Thompson,

[1:28:17] » yes. >> Yep. Gomez,

[1:28:18] » yes. >> Okay. Motion passed.

[1:28:23] » And then I would like to make a motion to wave the third reading.

[1:28:26] » Second. >> Okay. [snorts] I have a motion and a

[1:28:29] second to wave the sec the third reading. Questions or comments?

[1:28:34] Roll call, please. Mitchell.

[1:28:42] Oh, sorry. I need to make her absent. I'm sorry.

[1:28:45] » She She is no longer able to vote.

[1:28:51] » Does that change the numbers required? I >> think so.

[1:28:56] » So, point of order. So, 75% of who's present to pass it.

[1:29:02] » Yes. >> No, the whole council.

[1:29:04] of the whole. >> Well, she's not here.

[1:29:15] » Okay.

[1:29:19] » Can we get a clarification on that? >> He's got it right here.

[1:29:35] It takes six.

[1:29:42] » Everyone clear on that? >> Yes.

[1:29:48] » Clarify. Was that for the previous vote or for the upcoming?

[1:29:53] » The wave. The third reading. >> The wave. Okay. Thank you.

[1:29:59] Roll call, please. >> Mitchell,

[1:30:03] » yes. >> Nicholls,

[1:30:05] » yes. >> Schneider,

[1:30:06] » yes. >> Thompson,

[1:30:08] » yes. >> Yep. Gomez,

[1:30:09] » yes. >> Cahill,

[1:30:10] » yes. >> Okay, we waved the third reading.

[1:30:16] Now, we're just going to keep moving down the ordinances. Correct. Okay.

[1:30:20] Ordinance number two. Ordinance 15124 amending the code of ordinances of the

[1:30:24] city of Marshalltown, Iowa by repealing section 73.050

[1:30:28] weapons. Second reading. >> So move.

[1:30:32] » Second. >> Have a motion and a second.

[1:30:36] » There any questions or comments on this?

[1:30:41] » Roll call, please. >> Schneider,

[1:30:44] » yes. >> Thompson,

[1:30:45] » yes. >> Yep. Gomez,

[1:30:46] » yes. >> Cahill,

[1:30:48] » no. >> Mitchell,

[1:30:50] » yes. Nicholls. >> Yes.

[1:30:54] » Okay. Your honor, I make a motion to wave the third reading.

[1:30:59] » Second >> comment.

[1:31:02] » Yes. >> So,

[1:31:05] this is just to comply with Iowa law. So, this is just following the police

[1:31:10] have offered this to basically get in compliance with state code.

[1:31:22] Uh Chris Jones, chief of police. Uh yes, this would put us in line with the the

[1:31:26] state code. Um there would be some um legal concerns with having an ordinance

[1:31:32] that would be in contrary to the state code with in relation to we possession

[1:31:36] of weapons on snowmobiles and ATVs.

[1:31:42] » Thank you, >> your honor.

[1:31:44] » Yes. And I I just want to state that my no vote on that is just because I don't

[1:31:50] think we should have weapons on there and I I don't think the state should

[1:31:53] have approved it. So I it's not that I don't want our police department to

[1:31:57] comply with the state. I I disagree with the law to begin with. Thank you.

[1:32:02] » Thank [snorts] you. >> Any other questions or comments?

[1:32:07] » So Chris, that means pull over Sue when you see her on a snowmobile.

[1:32:14] Any [laughter]

[1:32:17] any public comment? [clears throat]

[1:32:20] » Roll call, please. >> Gomez,

[1:32:22] » yes. >> Cahill,

[1:32:25] » this is to wave the third reading. >> Thank you. Um, yes.

[1:32:29] » Mitchell, >> yes.

[1:32:31] » Nicholls, >> yes.

[1:32:32] » Schneider, >> yes.

[1:32:33] » Thompson, >> yes.

[1:32:36] » Okay, moving on to ordinance number three.

[1:32:39] » Ordinance 15125 amending the code of ordinance of the city of Marshtown, Iowa

[1:32:43] 70.0. 009 vehicle condition equipment and load by adjusting the percentage of

[1:32:48] window tint allowed. Second reading. >> Move to approve.

[1:32:51] » Second. >> Okay.

[1:32:52] » I have a motion in a second. >> Any questions or comments up here?

[1:32:58] » Comment. Uh, Officer Jones, this is the same type of thing where we have to

[1:33:02] comply with state law. Correct. >> Officer Jones.

[1:33:08] » Sir, >> sir. Sir,

[1:33:11] somebody else is getting pulled over now.

[1:33:14] » Uh, yes. July 1st, the state had changed the the tint regulation to be a little

[1:33:20] bit um to allow more people to have more or darker tint on their windows.

[1:33:27] It's just consistent with the state law. >> Thank you.

[1:33:35] » Any other questions or comments up here? Anything from the public?

[1:33:42] » Roll call, please. >> Mitchell,

[1:33:44] » yes. >> Nicholls,

[1:33:45] » yes. >> Schneider,

[1:33:46] » yes. >> Thompson,

[1:33:47] » yes. >> Yep. Gomez,

[1:33:48] » yes. >> Cahill,

[1:33:49] » yes. >> I move that we wave the third reading.

[1:33:53] » Second. >> Okay. Any questions or comments up here?

[1:34:00] Roll call, please. >> Nicholls,

[1:34:02] » yes. >> Schneider,

[1:34:03] » yes. >> Thompson,

[1:34:04] » yes. >> Yep. Gomez,

[1:34:05] » yes. >> Cahill,

[1:34:06] » yes. Mitchell. >> Yes.

[1:34:10] » Okay. Number four, >> ordinance 15126, amending the code of

[1:34:15] ordinances of city Marshalltown, Iowa 130.018

[1:34:19] fireworks to add the permitted time frames for usage. Second reading.

[1:34:22] » Move to approve. >> Second.

[1:34:25] » Have a motion and a second. Any questions or comments?

[1:34:31] Anything from the crowd? Roll call, please. Thompson,

[1:34:36] » yes. >> Yep. Gomez,

[1:34:38] » yes. >> Cahill,

[1:34:39] » yes. >> Mitchell,

[1:34:40] » yes. >> Nicholls,

[1:34:41] » yes. >> Schneider,

[1:34:42] » yes. >> Your honor, when Alicia is ready,

[1:34:46] » I'll go slower this time. >> I move that we wave the third reading.

[1:34:51] » Second. >> Okay, I've got a motion and a second to

[1:34:54] wave the third reading. Any questions or comments?

[1:34:59] Anything from the public? >> Roll call, please.

[1:35:03] » Kahill. Yes. >> Mitchell.

[1:35:06] » Yes. >> Nicholls.

[1:35:07] » Yes. >> Schneider.

[1:35:08] » Yes. >> Thompson.

[1:35:09] » Yes. >> Yep. Gomez.

[1:35:10] » Yes. >> Okay. Ordinance number five, please.

[1:35:15] » Ordinance 15127 to amend the official zoning map for 707 East Lind Street and

[1:35:20] 205 South 8th Avenue. First reading. >> Move to approve.

[1:35:26] » Second. >> Okay. I have a motion and a second.

[1:35:29] Clayton, enlighten us. Clayton Ender, assistant

[1:35:33] director, housing Canadian development. Uh, this is a resoning application from

[1:35:37] Marshalltown Company. Uh, they are seeking to reszone the the two noted

[1:35:41] parcels for the purpose of constructing off- streetet parking facilities, a

[1:35:45] parking lot um to support their facility expansions on the east side of South 8th

[1:35:50] Avenue. Uh, the council's previously seen several other resonings over the

[1:35:54] past but year, year and a half associated with this. This just a

[1:35:57] continuation of their project. Um the property is shown on the current adopted

[1:36:02] comprehensive plan as low density residential. However, the draft plan

[1:36:06] which is up for discussion later on the agenda does identify it as industrial.

[1:36:11] So should the revised comprehensive plan be be adopted, it would be consistent

[1:36:16] with our long-term plan for growth in the area. Um I uh the ordinance does

[1:36:22] include conditions on restricting certain uses from the parcels. Uh those

[1:36:27] are the heavier industrial type uses um because we wanted to separate those

[1:36:32] further from residential uses. Uh the owner has uh agreed to those conditions

[1:36:37] in writing already. Um and that's consistent with your past approvals as

[1:36:41] well. Uh planning and zoning commission has reviewed this and has recommended

[1:36:45] approval. Happy to go into further detail or answer questions if needed.

[1:36:50] » We have any questions up here? >> Your honor, I have a question for

[1:36:53] Clayton. Clayton, is the um construction of the parking lot at the cost of the

[1:36:58] business? >> Yes, there's uh no public money. Okay.

[1:37:02] » Or at least no city money, I should say. >> Okay. And I know that in the past they

[1:37:06] have had I think on the west side of the building some um drainage problems. So,

[1:37:12] I assume they'll take care of that too so it doesn't happen on the east side of

[1:37:15] the building. >> Yeah, that would that's certainly being

[1:37:18] addressed already. They're doing uh roadway improvements and drainage

[1:37:20] improvements on on the site. >> Very good. Thank you.

[1:37:25] » Any other questions? >> Thank you, Clayton. Any questions or

[1:37:31] comments from the public?

[1:37:35] [clears throat] >> Seeing none, roll call, please.

[1:37:39] » Thompson, >> yes.

[1:37:40] » Yep. Gomez, >> yes.

[1:37:41] » Cahill, >> yes. Mitchell,

[1:37:43] » yes. >> Nicholls,

[1:37:44] » yes. >> Schneider,

[1:37:45] » yes. >> Okay, that passed. And now we're going

[1:37:51] to ordinance number six. >> Ordinance 15128 amending the code of

[1:37:55] ordinances of the city of Marshtown, Iowa by repealing and replacing section

[1:37:58] 50.027B collection vehicles. First reading.

[1:38:03] » Move for approval. >> Second.

[1:38:06] » I have a motion and a second. >> Uh yes, your honor. So, this amendment

[1:38:12] would allow licensed garbage and refuge haulers to use pickup trucks or other

[1:38:16] non-compacting vehicles for scheduled routine collection while requiring that

[1:38:20] each lency um use at least one packer truck um and comply with the city's

[1:38:26] existing vehicle sanitation and containment requirements.

[1:38:33] » Any questions or comments up here,

[1:38:38] » your honor? Yes, >> I feel that this is a we've talked a lot

[1:38:45] about garbage in the last couple of years, but I do feel that this is a way

[1:38:49] to um even the plane for our garbage collection folks. It's something that

[1:38:55] has been done for years and I don't see any reason to prohibit it now. So, I am

[1:39:02] in favor of this ordinance. Thank you. >> Anyone else up here? Anything

[1:39:11] from the public?

[1:39:14] » Roll call, please. >> Schneider,

[1:39:17] » no. >> Thompson,

[1:39:19] » yes. >> Yep. Gomez,

[1:39:20] » yes. >> Cahill,

[1:39:22] » yes. Mitchell, >> yes.

[1:39:23] » Nicholls, >> yes.

[1:39:26] » Okay, that completes I ordinances. Let's move to J discussing and the first one

[1:39:34] is finance department review of capital improvement plan and fiscal year budget

[1:39:39] process changes. >> Thank you Mr. Mayor. Uh council members

[1:39:44] uh Cole O'Donnell finance director. I got to get my presentation loaded up

[1:39:48] here.

[1:39:51] Find the There we go.

[1:39:59] [cough] Here we go.

[1:40:04] » So, again, thank you. Tonight, uh what I wanted to be able to do is is walk you

[1:40:08] through some of the um proposed changes uh that we have for both the capital uh

[1:40:13] improvement plan process and the budget process. Uh what I want to do is be able

[1:40:18] to present it to you before we get into the um uh processes so that you have any

[1:40:23] questions or uh concerns, we can uh take care of those ahead of time. Uh so um

[1:40:29] what we did is is we started a review uh we went through a lean process uh which

[1:40:35] identified some needed changes. Uh what we found was that data entry was too

[1:40:40] cumbersome. Uh that we also found some other issues with the CIP as far as um

[1:40:46] how it's set up. Uh so we needed to do some changes in format and uh data entry

[1:40:52] uh that um are needed. Um we found that uh uh our uh project budgeting was a

[1:40:59] little too confusing and the way that we were budgeting with um debt service and

[1:41:05] um donations and grants and other things. So we wanted to simplify that uh

[1:41:09] so that we could have allocate the resources and expenses for projects and

[1:41:13] be able to um better have um team members be able to um enter in and track

[1:41:20] uh those expenditures and those revenues. And then um because of some of

[1:41:25] the changes that uh we're looking at um we have a revised budget calendar um for

[1:41:30] you to look at tonight as well. So again we started with a lean process.

[1:41:36] Uh this involved the finance uh department public works uh park and

[1:41:40] wreck and administration. It was led by human resources in response to concerns

[1:41:46] from departments regarding a burdome entry of data. uh when um our CIP

[1:41:52] software planet moved from access database uh which is a Microsoft Excel

[1:41:56] database um platform to a web-based platform. Uh Tyler budgeting codes were

[1:42:02] added to the Marshalltown Planet portal. Uh I believe the plan was to have Planet

[1:42:07] to import information directly from Tyler and then Tyler speaking to to

[1:42:11] Planet as well. um this did not occur and did not occur and as such

[1:42:16] departments were being asked to enter budget numbers twice. So once we entered

[1:42:21] it into um Tyler they were um and the project was approved they then had to

[1:42:26] re-enter it into planet um with multiple departments and

[1:42:30] multiple projects team members became overwhelmed. Uh the lean process

[1:42:34] identified all the steps in the current process and looked at ways to improve

[1:42:38] communication between team members and finance and to modify steps so that some

[1:42:43] were eliminated or modified in such a way that it became easier for for um uh

[1:42:48] staff to um enter in their numbers. Uh one condition

[1:42:54] adding pressure to team members is the development and approval of the CIP in

[1:42:58] this um same time as the annual budget. So, as you're going through the the

[1:43:03] annual budget, you're they're also completing the the CIP. Um,

[1:43:09] [clears throat] finance has moved the CIP development and approval to the fall

[1:43:13] before the annual process begins. Um, there's some advantages to that um that

[1:43:18] I'll get into um later in the presentation. As part of the CIP

[1:43:23] development, finance team members will take a larger uh role in that

[1:43:26] development. Revenues will be entered by finance unless departments have specific

[1:43:31] revenue sources already identified such as grants. Projects will be re be

[1:43:35] reviewed by finance and changes suggested as needed uh based upon

[1:43:40] available resources and funding uh to keep their balances uh in the positive.

[1:43:45] Um team members uh had concerns about Planet software and questions its value.

[1:43:50] Uh what we found was the software was not the problem but the utilization of

[1:43:54] the software was the problem.

[1:43:59] So what you had with planet was a lot of CI a lot of capital improvements

[1:44:05] uh and that planet was being used to track projects uh more than to plan

[1:44:09] projects. So in reviewing the current CIP appeared that there was a list of

[1:44:13] projects but not really a plan as to how those projects would be funded in the uh

[1:44:17] other than the current fiscal year. the extra data from uh Tyler to Planet was

[1:44:23] being used more as a uh way to track the project's expenses again rather than to

[1:44:29] plan for the expenses. Planet does allow for additional information to be entered

[1:44:34] into the accounts for fund balances. You can put in all the uh revenues and all

[1:44:39] non-c capital expenditures. A beginning balance is entered for the first fiscal

[1:44:43] year of the plan. Revenues and operational expenses expenses are

[1:44:47] projected for five years based upon the current fiscal year, historical trends,

[1:44:51] economic conditions and some other um uh economic factors. As projects are

[1:44:57] entered uh the balances uh in future years change, we can then predict

[1:45:02] predict where for shortfalls will occur. Um with this information projects can be

[1:45:07] moved to other years, modified in scope and or additional revenue resources

[1:45:11] identified. Um and the CIA becomes now has a plan. So as an example,

[1:45:18] where are we here? There we go.

[1:45:23] It's hard trying to find the cursor here. There we go. So, as an example,

[1:45:29] um what I have here is the um uh sources and use and fund detail for um uh

[1:45:39] modified road use tax. And again, I've entered the beginning balance for um uh

[1:45:45] fiscal year 27, but then I put in uh the projected revenues for road use tax for

[1:45:52] those five years. So, one of the ways I looked at it was the state always

[1:45:56] predicts an extra one uh $1 per capita per year. Um, what I found over the

[1:46:02] years is that $1 is very very conservative. So, in this case, I put it

[1:46:08] at a$150. Um, it might change to where maybe I need it at a dollar and a

[1:46:12] quarter instead of a a$150, but I put it at a$150 per capita. Not a lot. Um but

[1:46:19] what else is also received into um uh the road use tax fund is uh we

[1:46:26] have sale of fixed assets. So at times where we have um uh materials or um

[1:46:32] equipment that has served its lif uh useful lifespan um we get rid of it. So

[1:46:37] we have um that uh there as well. And then we have a state um road maintenance

[1:46:43] contract. So, um certain state roads that run through the city limits, we

[1:46:48] have a contract where the DOT pays us um to do general maintenance, which

[1:46:53] basically is um you know uh snow removal and cleaning. Uh but we have other

[1:47:01] sources that might be transferred in. So we uh transfer some in to from uh uh uh

[1:47:08] our employee benefits fund to take care of the little bit of salaries that are

[1:47:11] within the road use tax. Then further down you see we start in with all the

[1:47:17] different projects going through the different years.

[1:47:20] And when we get down to the end we have other uses. So we do pay out some

[1:47:28] employee benefits. We pay out some salaries. We pay out um different

[1:47:32] operating expenditures and then um transfers out for salaries to the

[1:47:37] general fund and transfers to the insurance reserves. Now you have all the

[1:47:41] expenditures and all the revenues and including the projects included in the

[1:47:46] sheet. And you see that you have an ending balance and that ending balance

[1:47:50] carries through to the next year. So on and so forth all the way down. And

[1:47:55] what you see is that um we start having a declining balance in the road use tax

[1:48:00] fund. Um so at some point what we have to do is we have to look at and we have

[1:48:04] to say okay um what are we going to do to make some changes to maintain a

[1:48:09] certain balance? We're going to have to change some different uh different

[1:48:12] things in operations or we going to have to same change some things with capital

[1:48:15] improvements. But again we start planning so that we always maintain a

[1:48:19] certain level of a um balance in that fund. We'll be doing that with all the

[1:48:26] other different um funds that are included in the funding sources that are

[1:48:29] included in the capital improvement plan. So that there

[1:48:34] is the changes for um this the capital improvement plan so that we actually

[1:48:39] have a lot more of the plan and not just CI.

[1:48:44] Okay. [clears throat] So project budgeting

[1:48:48] um the practice has been to fund uh projects uh uh for revenue sources. So

[1:48:53] you have a home fund usually debt issues and then specific grants. When bonds are

[1:48:58] issued the practice has been to create a fund for the proceeds. In some cases

[1:49:03] large grants awards are also given their own fund. This is what we call the home

[1:49:07] fund. Other revenues uh could be allocated to the home fund such as

[1:49:12] grants, donations or capital funds. If balances in another fund became

[1:49:16] available, projects were shifted from the original home fund to a new home

[1:49:19] fund. This has led to some confusion and difficulty in tracking project balances.

[1:49:24] Finances will be creating uh general project funds. Street projects will be

[1:49:30] grouped into one fund as will bridges, sidewalks, parks, recreation, uh

[1:49:35] facilities, capital equipment. Uh so what it is is for example the street um

[1:49:41] projects will begin uh fund 301 when we create it. Um bridges would might be in

[1:49:47] 302. sidewalks and other things might be in fund 303.

[1:49:51] Um, if the project is be uh all allocated revenues will be deposited

[1:49:56] within the funds and will remain in that funds until completed. If the project is

[1:50:01] to be funded with 1 million uh in bond proceeds, for example, and $500,000 in

[1:50:05] grants, those amounts will be budgeted and received into the fund. Project

[1:50:10] numbers will be used to provide separate accounting of project revenues and

[1:50:14] expenses so that um we can uh again keep track of those a in a different way

[1:50:20] which leads to the next slide which is our better tracking uh um uh example. We

[1:50:27] want to be sure that we have accurate accounting of projects especially uh if

[1:50:31] the project is funded with debts and grants. Finances

[1:50:35] finance has created a workbook that will allow for an easy data entry of revenues

[1:50:39] and expenditures. Working with the reports and tylers, the team was able to

[1:50:43] design budget reports uh that subtotal by revenue source and expenditure

[1:50:47] categories. So um revenue sources of course you have um uh use of money and

[1:50:55] property. So it's interest or something like that, property taxes or tax other

[1:50:59] city taxes. you have um grants and aid and um so on. Um so we can subtotal by

[1:51:06] those things within those funds and be able to um enter them within the um uh

[1:51:11] the spreadsheet. You'll see in a minute. And on the expenditure side, you have um

[1:51:17] uh your wages and salaries, your employee benefits, um your commodities,

[1:51:21] your um contractual services. Um the summary page of the workbook will

[1:51:26] provide uh budget to actual figures as the project progresses and expenses can

[1:51:31] be tracked against the allocated revenues to ensure compliance with debt

[1:51:35] and grant reporting. So again um I provided uh this as a uh example within

[1:51:42] your workbook but this is the start page and here you can anything in the gray

[1:51:47] can be entered uh as far as the project title the fund the project number fiscal

[1:51:52] year started and the current fiscal year in which the project is being tracked.

[1:51:57] So, if you have a project that starts in fiscal year 28 but is going to be

[1:52:01] completed in fiscal year 29, um you would put in the budget for fiscal year

[1:52:06] 28. Uh and um uh and then when it comes to fiscal year 29, you put the

[1:52:12] information in for fiscal year 29. Um the green areas can be is where we enter

[1:52:19] the budget. But then when you go to a certain month

[1:52:23] then here is where um the project title, fund and project number are carried

[1:52:28] forward from the summary. So is the fiscal year and current fiscal year but

[1:52:32] here is where um uh the departments uh and finance can enter um uh the

[1:52:42] revenues received in the month of July and the expenditures expended in the

[1:52:46] month of July. And again, those then would then carry back to the year to

[1:52:51] date and then give you a balance based upon what is budgeted versus um what has

[1:52:56] been expended or received. So, we're able to track those projects um working

[1:53:01] with um those uh team members that have the most projects. Um they've looked at

[1:53:07] this and they think this is a fairly good idea. So,

[1:53:12] and we'll close out. Um so the next sheet is becomes the

[1:53:18] budget calendar. So uh the CIP is is completed in the in the fall as I as I

[1:53:25] said before. uh by completing uh uh my experience has always been to complete

[1:53:31] the CIP before the annual budget as a an advantage is completing the CIP is that

[1:53:37] the is that team members know what projects are are approved and again

[1:53:42] enter those allocations into Tyler appropriately rather than trying to

[1:53:45] figure out what's going to be approved during the budget process and then

[1:53:48] entering in Tyler then putting it back into Planet. We will have Planet. It'll

[1:53:52] be approved uh uh separately through a public hearing and a resolution with the

[1:53:58] city council. Then um the departments can then put their uh those capital

[1:54:03] projects into the operating budget knowing that where the revenues are

[1:54:08] coming from, where the expenditures are going to. Um, again, it does require a

[1:54:13] separate um uh uh public hearing and a uh separate approval uh versus having it

[1:54:22] all done at once. Um, I think it's worthwhile um in that you get to have

[1:54:27] that review um separately. Uh so I did again put in the budget calendar for

[1:54:33] you. Um hopefully you've had a chance to take a look at it. I have highlighted

[1:54:38] certain things uh within that. Um you know a yellow is going to be a council

[1:54:44] work session. Um a um green highlighted is a public hearing notice and

[1:54:50] publication requirement. Um so if you have any input on that um I'll gladly

[1:54:56] take it here at the end of the presentation. Um hopefully again you've

[1:54:59] all had a chance to take a look at it. So what are u some of the takeaways?

[1:55:05] Well, we have a better process for team members. Um,

[1:55:09] [clears throat] we can budget our capital and operations

[1:55:12] without duplication of entry. So, it becomes easier for them. Uh, we're able

[1:55:16] to track projects through dedicated funds and, uh, the workbook. Uh, it

[1:55:21] becomes a plan. Uh, so it's better planning for capital improvements. It's

[1:55:24] a plan rather than a list. Shortfalls can be predicted and avoided while still

[1:55:28] meeting capital needs and operational needs. And by separating the um CIP from

[1:55:34] the annual budget, transparency is increased. The new funds and projects uh

[1:55:39] project tech provide information that is easier to disseminate and to understand.

[1:55:44] And so with that, I'll take any questions and comments um constructive

[1:55:49] um uh criticism that the council has for me.

[1:55:55] I do like all of this, especially the transparency because after doing I think

[1:56:00] I've been through 12 budgets, it can get confusing and a more streamlined uh open

[1:56:08] system of doing it helps a lot, especially on this side of the table.

[1:56:14] » Yeah. And and that's that's another goal is not only so that team members have

[1:56:18] the ability to um uh have more accurate and better information to you. It's to

[1:56:24] have that information so that you can discuss it. You can give feedback to

[1:56:28] team members. The public has an opportunity to take a look at and

[1:56:31] provide feedback as well. >> Anyone have any questions?

[1:56:37] » Thank you. You're welcome. Thank you. >> Okay. Thank you.

[1:56:43] Anyone have any comments from the public?

[1:56:48] » Okay, moving on to the next discussion item. Number two is discussion regarding

[1:56:55] potential annexation of 2342 Odessa Drive.

[1:57:01] Clayton

[1:57:04] » Clayton Ender, assistant director housing, community development. Uh

[1:57:07] Douglas and Michelle Beals purchased 2342 Odessa Drive uh in July of this

[1:57:12] year. Uh this is a property currently located outside city limits but abuing

[1:57:16] our city limits. They are currently serviced by Marshalltown Waterworks. Uh

[1:57:21] they have been advised by Marshalltown Waterworks for them to continue uh

[1:57:25] receiving service from the that utility. they would either need to annex into the

[1:57:30] city or have city council refuse annexation of their property for so they

[1:57:35] can continue uh receiving water. Uh earlier this year uh you did consider a

[1:57:39] request of a larger property along Odessa at the south end. Uh at that time

[1:57:44] you did refuse annexation. Based on that past action a few months ago, staff is

[1:57:49] recommending uh that you refuse this annexation as it is only a single home

[1:57:55] on with really no development potential. >> Okay.

[1:57:59] » So, we're just seeking direction from council tonight.

[1:58:01] » Okay. From the

[1:58:10] » You wanted a motion in the affirmative to approve and then we'll just vote it

[1:58:14] down. I believe that I believe that's what we did this the previous time.

[1:58:18] » There she is.

[1:58:25] » Your honor, I move to uh proceed with annexation.

[1:58:30] » Second. >> Okay. I have a motion and a second.

[1:58:34] Anything from the public?

[1:58:44] Doug Beals's 2342 Odessa. I'm I'm I don't know what to say. This

[1:58:53] seems like a ridiculous >> I agree

[1:58:56] » thing. All I want is water. Don't want to be annexed into the city. Had to

[1:59:01] apply to be annexed into the city. I'm asking you to deny that application even

[1:59:06] though I applied. I'm sure this has something to do with

[1:59:10] rural water. Uh, don't know that for sure. Guessing that. I'd encourage

[1:59:16] whoever's in charge of this to look at a different procedure to get water to a

[1:59:22] house that's had water from the city of Marshalltown for over 30 years. Thank

[1:59:26] you. >> Thank you,

[1:59:27] » I have a question for Mr. Beals. >> Yes.

[1:59:34] Um, since you just moved into the neighborhood, would you prefer we annex

[1:59:39] the whole sit straight into the >> the uh

[1:59:43] » I would that make you have would that make you wellreceived with your

[1:59:46] neighbors? >> I would probably get some push back from

[1:59:48] my neighbors. [laughter] >> Ed wins.

[1:59:51] » I guarantee the city will get push back for me if I am annexed in because I want

[1:59:55] my section of the street to receive all the city services. So,

[2:00:00] » thank you. I believe this is one of those catch 22s where the water

[2:00:04] department is making sure that um the city has denied you

[2:00:11] so that they can go ahead and put it in. So,

[2:00:14] » your honor, >> yes,

[2:00:16] » this is a a strange situation. A lawyer that has a loss for words.

[2:00:25] » We better make a note of that. >> You shall do that, counselor.

[2:00:30] Okay, let's have roll call. >> Thompson,

[2:00:34] » no. >> Yas Gomez,

[2:00:35] » no. >> Cahill,

[2:00:36] » no. >> Mitchell,

[2:00:37] » no. >> Nicholls,

[2:00:39] » no. >> Schneider,

[2:00:40] » no. >> There you go.

[2:00:42] » No. >> Been denied.

[2:00:48] » Melissa's back. >> Melissa's back. [laughter]

[2:00:54] » Where'd you go for lunch? Okay, moving on. Uh, number three is the Edgewood

[2:01:01] Edgewood Industrial Park proposal. I believe we have someone here.

[2:01:11] » Your honor, may I say something before we start?

[2:01:16] » Okay.

[2:01:19] [laughter] I'm going to go on the record and say

[2:01:23] that this proposal is about a data center

[2:01:29] and in the intent and the spirit of the moratorum

[2:01:35] that we should not be having this presentation tonight.

[2:01:40] » Okay. And I disagree that uh this should not have been on the agenda.

[2:01:47] Um, I know that legal is going to say this is about land, but it's about land

[2:01:54] for a data center. So, I just want to go on the record and say until the

[2:01:59] moratorium's over, this we should not be having this conversation. Thank you,

[2:02:03] your honor. >> Yes, I believe you were in the room when

[2:02:07] planning and zoning explained what the moratorum was and was not.

[2:02:12] [applause]

[2:02:14] » Haven't even spoke yet. You guys were clapping for me already?

[2:02:17] » All right. >> In defense of that, your honor, I know

[2:02:21] we could have handled this through a resolution and it would have been in

[2:02:23] effect, but the city administrator chose to reach out to legal legal advised a

[2:02:31] [clears throat] ordinance. So, yes, I know what planning and zoning

[2:02:35] says. I know it's not a 4-month mortorium. It has an end date. So,

[2:02:40] whenever it goes into effect, I'm well aware of that. I said the spirit and the

[2:02:44] intent of what was voted on back in July, the 52 motion, I thought sent a

[2:02:51] message to city staff that the council did not want to have any conversations

[2:02:56] about data centers. >> I don't believe it had any wording like

[2:03:00] that in it. But that being said, >> thank you. Good afternoon. My name is

[2:03:07] Jared Olry. I'm the CEO of UR Energy of Marshalltown, Iowa at 3001 Cory Road.

[2:03:13] I've been in the utility business for more than 30 years and more importantly,

[2:03:17] I'm a Marshalltown guy. I was born and raised in this community and I've had

[2:03:20] the opportunity to build several successful businesses right here in

[2:03:24] Marshall County. When the Datio hit Marshalltown 6 years ago, I think you

[2:03:28] can all remember that Oolie Electric, my business, was uh in front and center. Uh

[2:03:33] we help rebuild homes, businesses, and communities alongside our friends and

[2:03:37] neighbors. This isn't just a place where I do business. It's my home. I have

[2:03:42] family, lifelong friends, including grandchildren growing up here. So, when

[2:03:46] I when I look at the future of Marshalltown, I take it personally. I

[2:03:50] want to see this community grow, create good opportunities, and move forward.

[2:03:54] But I also want us to do it the right way. That's why I'm excited to introduce

[2:03:59] Amir with Swarm Systems. Amir's approach is different. They are focused on a

[2:04:04] smaller, more manageable AI inference data center that can fit into our

[2:04:08] community like Marshalltown while being thoughtful about our resources,

[2:04:12] including water, power, infrastructure, jobs, and the long-term impact on our

[2:04:17] community. I believe Marshalltown has the opportunity to be part of the next

[2:04:21] generation of technology and energy development. But I also believe we need

[2:04:25] to do it responsibly with the community at the table and with people who

[2:04:30] understand that this is our home. I'm proud to introduce air with Storm

[2:04:34] Systems and looking forward to seeing what we can accomplish together for

[2:04:37] Marshalltown and the future of our community. Thank you.

[2:04:40] » Thank you, Jared.

[2:04:57] » I can bring your presentation up if you want me to.

[2:05:00] » Uh, yeah. have a clicker >> and then you can you can just use the

[2:05:04] mouse there on the podium.

[2:05:08] » Oh, okay.

[2:05:13] » This one right here.

[2:05:18] » Heather, can he unplug that HDMI?

[2:05:25] » You want to unplug it from the Duke and then plug it in.

[2:05:36] This is

[2:05:53] » good evening. >> Evening.

[2:05:55] » Uh my name is Amir. I'm here from Swarm Systems and we have put an offer in to

[2:06:00] buy 21 acres of city- owned land out in Edgewood um industrial park.

[2:06:08] So, this is as uh Gary mentioned our our intent is to build a data center on that

[2:06:16] property. Um our approach is different and I'm going to walk you through our

[2:06:22] approach kind of the overall approach of the industry as of late. why we believe

[2:06:27] it's a differentiated one and why we think it makes sense for Marshall Town.

[2:06:31] We're going to cover power, electricity rates, noise, a lot of water, uh

[2:06:37] discussions, not a lot of water use. Uh we'll go through all of it. We have

[2:06:41] numbers, we have figures. I'm sure you're curious what it's going to look

[2:06:45] like, where it's going to sit, and we'll go through all of it today.

[2:07:01] Yikes. All right. So, we are not here asking for approval

[2:07:06] to build a data center. We are here asking for approval of a land purchase

[2:07:12] contract to enter into an option to advance due diligence um and on power on

[2:07:19] land on environmental and on civil so we can understand what the project actually

[2:07:23] could look like and should look like for Marshalltown. We are not asking for any

[2:07:28] exemptions to the moratorium. In fact, we support it. I believe the way

[2:07:32] Marshalltown has gone about the moratorum is one of the more responsible

[2:07:35] ways I've seen in the country with a proactive approach to pass an ordinance

[2:07:39] specific to data centers that makes sense for the areas that apply for its

[2:07:45] zoning. We are not going to request any property tax abatements now or in the

[2:07:49] future and we have not asked nor will we ask anyone to sign any NDAs uh as part

[2:07:55] of our process. If any were signed or were asked to be signed, they were not

[2:07:59] part of our project. It may be for a different one within Marshalltown or

[2:08:03] Marshall County. Once the time comes, this project will

[2:08:08] have to go through the zoning process, the planning and approval process, just

[2:08:13] like any other project would. Regardless of the moratorum, once it's lifted,

[2:08:17] there's still going to be planning and zoning in place. we'll have to apply and

[2:08:20] we'll have to go and the project will stand on its own two feet regardless of

[2:08:23] the purchase option whether it's entered into or not today.

[2:08:28] So swarm focuses on a different kind of data center. We focus on about 25 to 75

[2:08:33] megawatts is our sweet spot. The reason why is we focus on places where power

[2:08:37] infrastructure already exists today. We're not looking to tap high voltage

[2:08:41] lines and build a gigawatt campus. We're not looking to plow up a thousand acres

[2:08:45] of farmland. We're usually looking for under 50 acres of land largely as

[2:08:49] setbacks and buffer areas so we can take advantage of power and headroom that

[2:08:54] exists today to bring economic benefit to more communities that either can't or

[2:08:58] don't want to have a hypers scale campus in their backyard. Our team has

[2:09:02] experienced across 3 gawatt of power infrastructure and a long history of

[2:09:06] real estate development. So a little bit about the project before

[2:09:12] we get into it. You may have some questions of what is a data center. At

[2:09:16] the end of the day, it is a concrete building with computers in it. It also

[2:09:21] has a lot of power going in because it it powers the IT systems within the data

[2:09:26] center as well as the cooling systems both inside and out.

[2:09:31] There's several uses of computing, many of which we all use today. Could be

[2:09:36] Google Maps, it could be YouTube, could be Facebook talking about the data

[2:09:40] center in town. It could be um storing your family's pictures. It could be

[2:09:45] using AI. It could be storing medical records or anything else. Instead of

[2:09:49] having to carry around a large server yourself everywhere you go, you can

[2:09:53] carry around one chip on your phone and the rest of it lives in the cloud or on

[2:09:57] the internet and all those things live in a data center somewhere. They've

[2:10:01] existed since the 60s. They've been around for dozens of years. Um and they

[2:10:07] serve our daily lives in and out. So, it doesn't create physical objects.

[2:10:13] There's not a lot of freight. There aren't goods being shipped in and out.

[2:10:17] All the signals come in through fiber optic cables. They go into the servers

[2:10:21] and they leave as basically blinking lights on um on the fiber without

[2:10:28] many components being shipped in and out. So, you're not going to see trucks

[2:10:31] at night time. You're not going to see lots of really any traffic beyond the

[2:10:35] initial construction period. There's no industrial waste. There's no exhaust and

[2:10:40] there's hardly any emissions outside of an emergency.

[2:10:46] Now, data centers have been getting a bad rap recently because of water,

[2:10:50] power, noise, and a few other things. And it's not without reason. Data

[2:10:54] centers haven't always been built the correct way. Data centers have used a

[2:10:58] lot of water in the past. In fact, up to recently, not all the hyperscalers had

[2:11:03] committed to closed loop systems. Evaporative technologies have

[2:11:07] historically been used for whether it's steel mills, coal plants, nuclear

[2:11:11] facilities, or anything else. It's an efficient way to cool things down. But

[2:11:16] it doesn't make sense. It might make sense to use water to create power. It

[2:11:20] doesn't make sense to use it to use power. And so the industry has since

[2:11:24] shifted, including our company, as a commitment to closed loop systems. It

[2:11:29] basically operates like a radiator in your car. You fill it up once. It's a

[2:11:33] combination of u propyline glycol and water about 80% water 20% propyline

[2:11:39] glycol and it circulates for about 10 years in a closed system that doesn't

[2:11:43] have exposure to ambient air. It doesn't leak and it doesn't evaporate. You fill

[2:11:50] it up one time and it just recirculates inside the chips back out to a fan.

[2:11:57] Basically, a fan blows ambient room, you know, uh air onto it. It cools back down

[2:12:03] to about 100 degrees and goes back into the chips. As a result, we will end up

[2:12:08] using, as you'll see on a further slide, about as much water as a handful of

[2:12:12] homes. We do not we will not be using any

[2:12:16] on-site generation at this location. That is the noise that you hear at a lot

[2:12:20] of these data centers. There's a case in point of someone who might have built a

[2:12:26] power plant without permits in the city of Memphis. And that is when you

[2:12:30] basically have jet engine turbines running 24/7. It's incredibly loud,

[2:12:35] incredibly disruptive. And that's what happens when you basically build a power

[2:12:39] plant to run a data center. Doesn't make sense in a place like this, nor will it

[2:12:42] happen. A grid tie data center, those components are relatively quiet. The

[2:12:47] only noise comes from the fans that blow onto the closed loop systems as well as

[2:12:53] from the generators in the event of testing or backup generation.

[2:12:58] There's been a lot of discussion about electricity bills going up and we'll get

[2:13:03] to that in a little bit more detail later, but largely that happens when the

[2:13:08] data centers are built and the power is brought to the data centers. A lot of

[2:13:12] capex is spent to bring that infrastructure out and utilities have

[2:13:17] been somewhat in the past reckless to create that burden for the rateayers.

[2:13:22] Since the utilities have completely changed their tune and Alliant is case

[2:13:26] in point of the best way to do it, they will be the utility provider for this

[2:13:31] project just like at many of your homes and businesses.

[2:13:35] When the P data center is brought to the power on infrastructure that exists

[2:13:39] today as it does currently at this location, there isn't a need to build

[2:13:44] all the infrastructure. Those costs aren't advertised by the rate payers and

[2:13:48] any costs that are needed to build out the infrastructure beyond what exists

[2:13:51] today are borne solely by the data center developer. we'd be posting a

[2:13:55] financial security for anything that needs to be built to guarantee that even

[2:13:58] if the project doesn't exist only we could stand to lose any money versus the

[2:14:04] utility or if it rateayers. So what you may end up seeing in time with the data

[2:14:08] centers paying for all the infrastructure and maintenance is that

[2:14:11] the costs end up may end up coming down in time but I understand you're going to

[2:14:15] want to see it before you believe it. That said, Alliant has frozen utility

[2:14:20] rates through 2029 uh in this particular instance.

[2:14:24] So, what not to do, evaporative cooling,

[2:14:29] building power plants in your backyard, or building data centers far from the

[2:14:33] grid where it takes a lot of dollars and and effort to bring the power to the

[2:14:37] system. We intend to do none of these things in the Edgewood property uh in

[2:14:42] the Edgewood industrial park. We're going to have a closed loop system.

[2:14:47] We're going to be purely grid tied and we're going to tap into existing

[2:14:50] headroom where the power has been built and is currently unused.

[2:14:55] We also intend to build a much smaller product than we've been seeing in the

[2:14:58] news. A hybrid scale campus can range from anywhere from 7 to 15 buildings

[2:15:03] often in millions measured in millions of square feet covering hundreds if not

[2:15:08] more recently thousands of acres. We're proposing what we hope to build is

[2:15:13] 125,000t single building on 21 acres of land, relatively low density compared to

[2:15:19] a comparable industrial project on a similar size acreage. Uh it's smaller

[2:15:24] than your neighborhood Walmart. It's about the size of a Home Depot,

[2:15:28] singlestory, about 35 ft tall, um and about not too much bigger than a couple

[2:15:34] of football fields. You can fit about 20 of these buildings into or developments

[2:15:40] into the size of one hypers scale project. They're simply not the same

[2:15:44] product. Um what we are within city limits. We're

[2:15:49] targeting between 15 >> 15 and 40 megawws served directly by

[2:15:55] Alliant uh infrastructure. As of now, we have no plans of any

[2:16:00] additional buildings of the land and we'd be very happy with this in this

[2:16:04] single project as we're going to show it to you today which provides substantial

[2:16:07] buffers for adjacent uses.

[2:16:13] » I'll show it to you on the a few slides. Yeah. Um we'll go all the way down from

[2:16:18] a high level to a specific one. This is not the hypers scale proposal that you

[2:16:22] may have seen on the news or in uh other reporting in the last few weeks. This is

[2:16:28] simply a 21 acre proposed project for a single building. The parties are not

[2:16:32] related and not affiliated at this time. So let's talk water. Water is largely

[2:16:41] the most controversial issue with data centers. If you look at the top on the

[2:16:47] top right, a steel mill uses a tremendous amount of water about 10

[2:16:51] million gallons a day. That is not uncommon for things you see in the last

[2:16:56] century for major industrial heavy industrial uses. Now data centers when

[2:17:01] they first came around a big data center was maybe 10 megawatts 15 megawatt not

[2:17:07] too different than what we're proposing today. It didn't use too much water to

[2:17:11] use an evaporate technology to have a much more efficient

[2:17:16] power to it conversion. You get more compute for every megawatt that you draw

[2:17:21] from the grid. It made sense until the data centers got

[2:17:25] so big. If you extrapolate the same evaporative technologies over a 1 gawatt

[2:17:31] campus, it will use about 2.8 billion gallons a

[2:17:35] year. That's unreasonable. And as a reason, the

[2:17:40] industry has has moved away from it. Those will never get done in Iowa and

[2:17:44] it's not a technology we even consider. Um, we also show an ethanol plant for

[2:17:50] comparison. And then that last bar, that 7.6 million gallons, that's the entire

[2:17:54] green down below combined. And so we kind of break that out because we had to

[2:17:59] show it in scale, otherwise it wouldn't quite even show up compared to the

[2:18:03] evaporative technologies. But we show about 5 million gallons for

[2:18:08] 100 homes, one sitown restaurant being about 2 million gallons. This is an

[2:18:13] annual number. And us at under half a million gallons a

[2:18:18] year. So, for comparison, it's about 10 homes, if not less, including our annual

[2:18:26] fill, which is really one time. And it'll recirculate in that radiator for

[2:18:30] 10 years straight. So, we'll be actually a little bit

[2:18:33] closer to 250,000 gallons per year once we build it on

[2:18:38] year 1. It'll be one of the, if not the least water consuming uses on the same

[2:18:45] acreage of land that that you could possibly build. If you build an office

[2:18:49] building, a retail center, a residential facility, or even single family homes on

[2:18:54] the same acreage, you will likely build more than 5 to 10 homes on 21 acres, and

[2:19:01] you will likely use more water. So, if there is a hard cap set in the

[2:19:08] ordinance of the amount of gallons we're able to use each year, we're happy to

[2:19:11] comply with it. We'll likely have an easier time complying with a water cap

[2:19:15] than just about any use in all of Marshall Town.

[2:19:20] Let's talk noise. Data centers can be very loud if you

[2:19:25] build a power plant. the on-site gas turbines. And let's be clear, decibb

[2:19:31] effectively double every time you add 10 dB to the dumper. So an 80 to 120 decel

[2:19:38] onsite gas turbine plant, that is basically a rock concert. So again, not

[2:19:46] something we're proposing here, but often when you hear these

[2:19:50] uh horror stories or you see things on social media, a lot of times it is a gas

[2:19:54] plant that is being built. Turbines have that hum noise that is notorious. Um

[2:20:00] that's not usually coming from the actual components used to cool a high

[2:20:05] efficiency AI oriented data center. We show a

[2:20:09] vacuum cleaner in normal conversation. My voice right now through these

[2:20:12] speakers is probably closer to 80. My voice without the microphone is probably

[2:20:15] closer to 60. [snorts] And we're going to be in the 40 to 50 range. So, we took

[2:20:21] a decibel meter, a calibrated one, and we went out to the edges, the western

[2:20:25] edges of this property that we're proposing, and we'll get into the

[2:20:28] details later, and we measured all along the property line, and it's right around

[2:20:33] 50 today, um, coming from JBS and adjacent uses. So, we don't anticipate

[2:20:38] being any louder than what's already out there today. We'll also with these

[2:20:41] numbers be able to comply with the existing general industrial zoning

[2:20:44] limits. you will not need to make the audio the the acoustical um limits any

[2:20:51] more permissive for a data center than they already are for industrial use. Uh

[2:20:56] the and and the generators that are on site only operate during daytime for

[2:21:03] testing about half an hour per month. So about 6 hours out of the year they're

[2:21:08] operating and they never operate at night. And the only time they all come

[2:21:11] on is in the event of an actual grid outage where I imagine many of you would

[2:21:15] also turn on your uh generators to to get through the night.

[2:21:20] A light wind through the trees is 40 dB. That's literally the wind the leaves

[2:21:25] rustling in the wind. So it's hard to understand these numbers, but I

[2:21:29] recommend all of you get a decibel meter, download one on your phone, hold

[2:21:32] it up to your refrigerator, hold up your dishwasher, hold it up to your barking

[2:21:35] dog, and you'll get a good understanding. or go over to the

[2:21:38] property and see how loud it is today and recognize that we don't intend to

[2:21:42] raise a noise from what it is today. And in fact, we can't because the ordinance

[2:21:46] would not let us. We would not be able to get our permits without acoustical

[2:21:50] modeling that independently verifies that we will not break those acoustical

[2:21:55] limits. And if we do, the city will have police powers to enforce it. If we

[2:21:59] cannot adhere to those limits, we won't get a

[2:22:03] permit. Also not something we're applying for today, but once the

[2:22:07] ordinance is in place, that's what we're looking to do. Data centers are very

[2:22:12] expensive. As a result, they're worth a lot of money. That creates an

[2:22:17] opportunity for property taxes. For a long time, data centers would come in

[2:22:22] and ask for property tax abatements, incentives, and cuts. We are coming on

[2:22:27] the record and saying we will not ask for any property tax abatements, any

[2:22:31] property tax cuts, no pilots, no side deals for the full freight of what will

[2:22:37] be assessed on our real property that will be paid to the city, the county,

[2:22:42] and the schools. We estimate that'll be about $3 million a year broken down as

[2:22:47] you see on the right. And that is an annual figure.

[2:22:52] The data centers do bring high-paying quality jobs. We estimate this facility

[2:22:58] with one building bring 50 to 60 permanent positions to Marshall Town.

[2:23:04] Now, what's really important here is that those actually become Marshall Town

[2:23:09] jobs. It doesn't make any sense for me to tell you the new jobs and then ship

[2:23:14] people in to fill them. So, we're going to make sure to create training programs

[2:23:19] and dedicated data center technician um routes with local community colleges um

[2:23:26] Iowa Valley Community College and Marshtown Community College to make sure

[2:23:30] that a number of those positions on this building and hopefully future projects

[2:23:36] as well by others or ourselves are being taken by those who live here,

[2:23:43] work here and pay taxes here, creating more economic becoming an economic

[2:23:48] engine for Marshalltown. About 300 to 400 job years in the way of

[2:23:53] construction jobs. Where that can be useful is if the developer makes a point

[2:23:59] to use local labor, local equipment rentals, local vendors, local dirt

[2:24:04] haulers, local everybody. all the way down to the coffee beans and the

[2:24:09] trailers and the facility to local restaurants catering meals every month

[2:24:13] for the crew. The more we're able to tailor to the city and to its needs, the

[2:24:19] more that will mean for everyone who's involved.

[2:24:25] Let's talk about where the project's going to be, where we intend to build

[2:24:28] the project and where we have placed an offer to purchase.

[2:24:32] This is on the northern side of town off of Edgewood Street near 8th Avenue um in

[2:24:41] what is known as the Edgewood Industrial Park extension.

[2:24:45] So, our offer is for four parcels comprising about 21 acres of land

[2:24:50] currently zoned general industrial intended and built by the city, graded,

[2:24:57] serviced with utilities brought in for an industrial user to come in and build

[2:25:01] an industrial project. That's what we intend to do.

[2:25:06] Our adjacent uses to the southeast is the JBS plant. To the northeast is the

[2:25:12] compost facility. To the north is Riverview Park and to the west and to

[2:25:16] the south to an extent is residential. Now that's the critical component. We

[2:25:23] have to be careful in designing this project to make sure that it does not

[2:25:27] impact our neighbors so we can be a good neighbor into the community. Otherwise,

[2:25:34] we'll never be welcome back to build another project and nor will another

[2:25:38] community let us in. And this is how we think we've designed a project that

[2:25:42] makes sense for this location. We're looking to purchase 21 acres despite

[2:25:46] only looking to build a building that is uh just about less than three because

[2:25:51] this is how we want to do it in a very minimally if not no impact way.

[2:26:00] This is our proposed concept plan. And of course, we have not yet secured site

[2:26:05] control and therefore we have not released all of our due diligence

[2:26:09] efforts to get our geotechnical analysis, phase one environmental surve

[2:26:13] um assessments and uh surveys and everything else. But we have come up

[2:26:18] with this concept plan. The intent is to create as m much of a buffer as

[2:26:22] maximally possible from the western side of the property to what is the

[2:26:27] residential uses on that side and also to the residential uses on the

[2:26:33] um southeast side. So I'll use this screen if you guys can point here.

[2:26:41] So this setback, it's not quite a setback, but we've actually pushed the

[2:26:45] building back about 700 ft from the western edge.

[2:26:49] We're looking to line the northern, western, and southern limits with a tree

[2:26:56] line as well as a full campus perimeter fence for security, but also for as a

[2:27:01] visual barrier, an aesthetically pleasing one. We'll have an entrance to

[2:27:05] the north, a secure one with 24/7 security and a kiosk. This is our campus

[2:27:10] entrance with parking and two to three dock high doors on the south side.

[2:27:17] all of the components that make any noise at all. The building itself is

[2:27:20] silent. It's a concrete building and the components inside the building because

[2:27:24] they're liquid cooled again from that radiator,

[2:27:28] they it's very it's it's nearly silent on the inside of the building and so no

[2:27:31] noise comes from the building out. All the components that make noise are

[2:27:36] placed on the opposite side of the building on the east side. So, the

[2:27:39] building itself, which is 175x 714 ft, serves as a full length buffer for any

[2:27:45] noise before it can hit the west side of the property or any of our neighbors to

[2:27:50] the south. These are the backup generation systems. They're going to be

[2:27:54] diesel doublewalled um containerized solutions with quiet

[2:27:58] kits within them. And then we have our free cooling farm on the right side.

[2:28:05] Those are free cooling systems basically blowing ambient air. And those will also

[2:28:08] be equipped with quiet kits that allow for a lower decel limit from um from the

[2:28:15] source. We intend to build a screen wall, a wing wall coming off of the

[2:28:20] building, extending to a point to where it will catch any line of sight from the

[2:28:27] chiller farm to the southern side of the buildings, allowing us to maintain the

[2:28:32] required ordinance limits for noise at any residential property.

[2:28:38] We are going to be able to comply with the industrial limits on the north and

[2:28:42] to the east. Um, and we will screen all mechanical components as is currently

[2:28:47] required by the ordinance. And we'd love to get the city's input on how to do

[2:28:51] that. We could put more trees. We can put some sort of wall with some

[2:28:55] decorative artistic solutions that the community can vote on maybe from a local

[2:28:59] artist. We can put other components. And there there's different ways where we

[2:29:04] can use some of this filler space here to beautify the public right away.

[2:29:09] There's numerous ways to use this extra land and to find a way to bring the

[2:29:13] community into this project.

[2:29:22] kind of touched this. But the reason this is the layout is we've made sure

[2:29:27] that any noise leaving those systems which

[2:29:31] are kind of the loudest component are going to be blocked by either the will

[2:29:36] the building or the wing wall to the south before they travel an additional

[2:29:40] 500 to 700 ft um before any residential property lines. Anything that isn't

[2:29:45] going to be buffered by those points will have to travel well over a thousand

[2:29:48] feet um before it gets to any residential property being again well

[2:29:52] below the required limits. It basically won't be any louder than it is today.

[2:29:58] Uh and I mentioned the quiet kits eliminate

[2:30:02] that hum noise that some people just don't want to spend the money to do. It

[2:30:06] does cost substantially more, but it is the only option as we see it in a

[2:30:12] location like this.

[2:30:16] some 3D views just showing kind of the the scale and um bulk of the building.

[2:30:21] You can kind of see the shadows hiding the generators into the rear and showing

[2:30:27] the uh parking along the building and the docks and the substantial kind of

[2:30:32] green space and setbacks on the far side. So, anything that resembles an

[2:30:36] industrial use will be on the east. Anything that is effectively a buffer

[2:30:40] will be on the west.

[2:30:44] This is another view from the opposite angle.

[2:30:50] Some profiles that we put together um showing the secure fencing. This is

[2:30:55] obviously a concept. What we would need to do is get city and community feedback

[2:30:59] on what they would want a building like this to look like. What colors do you

[2:31:03] want to see? What designs do you want to see? How do you want this to look and

[2:31:08] feel in your in the neighborhood? Do you want it to be invisible? Do you want it

[2:31:11] to stand out? And and we have presented something that we think is the best way

[2:31:17] to kind of have it blend in, which is use native colors, patterns, textures,

[2:31:22] um to essentially try to kind of hide the

[2:31:25] building within the existing landscape, which has some browns and and greens to

[2:31:31] to blend into.

[2:31:35] This is effectively what the view would be from the east uh on 8th Avenue

[2:31:40] looking looking west uh over a what would be 8ft kind of mechanical screen

[2:31:45] wall that's kind of designed to camouflage it the building kind of

[2:31:48] peeking out to the north again it's a 35 ft tall building. It is not twotory. It

[2:31:53] is not going to tower over anything. It'll be much less impactful than a lot

[2:31:57] of the industrial uses that are already out there in the way that it kind of

[2:32:00] looks and feels. This is a simulation of what the view

[2:32:04] would be from Riverview Park to the north. It's about thousand feet across

[2:32:08] the pond. Um, and this is a view looking south. Um, with the kind of yard to the

[2:32:16] right, the building headon with the jewel box uh, and the equipment yard to

[2:32:21] the west. They' be effectively silent from this distance.

[2:32:27] This is the view from the west looking east. So from the adjacent properties

[2:32:33] across the storm water parcel, uh it's about 135 ft to where we can plant our

[2:32:38] trees. This is what it would probably look like on day one when we can plant

[2:32:41] the trees in. And of course, with some time, they will grow and the project

[2:32:46] will effectively be hidden from view. So it won't sound any different than it

[2:32:49] does today. It'll effectively look the same because instead of corn, you'll

[2:32:54] have some beautiful trees there. And we believe it'll have essentially no impact

[2:32:58] to to the neighbors. But you may not like that concrete building. You may not

[2:33:03] think it it looks that good in those in those visuals. But what if I told you a

[2:33:08] data center could be beautiful? We intend to build something that you

[2:33:14] would be proud to have here. Something that has a glass jewel box with some

[2:33:19] details, drought tolerant landscaping again to

[2:33:23] minimize our water usage. Downward-f facing lights that do not light up this

[2:33:29] guy. Those examples that you've seen are people running construction crews 247

[2:33:35] with flood lamps. That will not happen here. Construction will only happen

[2:33:38] during daytime hours. Um and any lights will have to have a cut off to make sure

[2:33:43] that there's no spillover into any neighboring uses or properties.

[2:33:49] This prop this property will have 247 security. It'll have man traps. It'll

[2:33:53] have um biometric scanning. uh it'll have all

[2:33:59] the kind of a requirements that you would want as an enterprise

[2:34:04] um trusting this property and this project and this location with um your

[2:34:10] prize data. It'll it'll effectively be um

[2:34:16] it'll have kind of all the security components that a hyperscope project

[2:34:18] would but without the same kind of scope, scale or impact.

[2:34:23] So, the only way this project gets built is

[2:34:27] if you believe we're going to be a good neighbor,

[2:34:31] we've heard a few things. We did some research on our own. Um, but we think

[2:34:36] there's a few things that we could do to help [snorts] um be a good neighbor. Uh,

[2:34:41] the Riverview Park to the north seems like a good inspiration. It'd be a great

[2:34:46] place for us to contribute to parks and wreck. um whether it's through some sort

[2:34:50] of annual contribution uh or an ongoing sponsorship program, whether it's that

[2:34:55] park or different park to help give Marshall Town's children a place to play

[2:35:01] and um other places that can beautify the city.

[2:35:07] I've been watching enough of these meetings to know that this uh this darn

[2:35:11] bridge has been a a thing of discussion for some time. would love to help get it

[2:35:16] off the agenda. And uh there's other things we've been

[2:35:20] in the community for the last week or so. You might have seen us at Grounded

[2:35:24] or other places having lots of meetings and trying to understand what makes

[2:35:27] Marshalltown tick and what can Marshall Town use as a partner to go into this

[2:35:35] era should you choose to do so. We've heard about these training programs at

[2:35:39] Iowa Valley Community College, including Marshalltown Community College, where we

[2:35:43] might be able to create a dedicated career track much like Fiser, Lennox,

[2:35:47] and the others do. That could be something that could provide jobs within

[2:35:52] Marshalltown if you don't want to leave the county. Or if you want to go

[2:35:55] somewhere else and work in a data center where this is one of the most in demand

[2:35:59] jobs in the world with an incredibly small supply,

[2:36:04] there's a Junior Achievement [snorts] Society. There's House of Compassion,

[2:36:10] Martown Youth Foundation, Trails, Inc. County, Marshtown County Convers Convers

[2:36:17] Conservation, and many others that we've been discussing with those in the

[2:36:22] community. And as we spend more time the next several months with with all of

[2:36:26] you, we'd like to understand what's important, how we can help, and how we

[2:36:30] can be not just a neighbor and not just a developer, but a real partner and a

[2:36:35] real member of the community to integrate ourselves much like the

[2:36:39] pillars of this community have done, albeit in a smaller way up at first. But

[2:36:44] we genuinely want to find a way to better the lives of those who help this

[2:36:50] project come to reality.

[2:36:55] We're making these commitments right now with no project.

[2:36:58] We don't have land control. We can't secure power without it.

[2:37:03] Although we've done substantial diligence on all of these fronts,

[2:37:07] we're asking for an opportunity to go forth to advance our efforts to further

[2:37:13] our diligence, advance the prospects of securing power, fiber, talent, and

[2:37:20] everything else we've discussed today. So, we're coming out. Everyone in this

[2:37:25] room and everyone watching now has more information than anyone else effectively

[2:37:29] as much as me on this project. We're coming out and we're not asking

[2:37:34] for any property tax abatements. We talked to you about our water

[2:37:37] commitments to using closed loop systems which will be hopefully enforced through

[2:37:42] the ordinance. It's a grid tide pro project where we're going to pay our own

[2:37:45] way. We're not going to put anything we're not going to move forward anything

[2:37:49] on the power front that could risk rates going up. And by the way, on that I

[2:37:56] encourage everybody here to go home and Google the difference between MYSO, MISO

[2:38:02] and PJM. Those are effectively the regional operators that handle your grid

[2:38:07] versus those of 13 states on the Northeast and parts of the Midwest.

[2:38:12] The way they buy power has made a massive difference in whose rates have

[2:38:18] gone up as a result of the increasing demand. Not just because of data

[2:38:21] centers, because electrification of our society and those who haven't. In fact,

[2:38:26] parts of the Myso territory, which covers Minnesota, Iowa, and others have

[2:38:30] seen some rates come down as a result of that demand. The way the power is

[2:38:34] purchased, the way the power is used, and the way the power usage is secured

[2:38:38] makes a massive difference in how it ultimately trickles down to the average

[2:38:43] rateayer. Almost all of the stories you hear of

[2:38:47] rates going up, go back and find those stories and look it up and almost always

[2:38:51] you'll find that it's in PJM which does not serve this territory.

[2:38:56] We're obviously going to adhere to the ordinance standards. We cannot pull

[2:38:59] permits. We cannot get approval for a project without doing so. All we're

[2:39:03] asking for today is the opportunity to be able to go to bat and adhere to

[2:39:07] whatever standards you set when you do so. Again, we support the moratorum. We

[2:39:12] think it's being done responsibly. We think it's proactive and we think it's

[2:39:16] the right way forward for Marshalltown. We'll never ask you to sign an NDA and

[2:39:22] we'll keep the public apprised effectively building a public like we've

[2:39:25] already done to this point. So you can ask us questions. We can share data with

[2:39:30] those who are putting together planning and zoning. We can effectively do this

[2:39:35] together.

[2:39:39] All we have put forth of you today is a request to approve our purchase contract

[2:39:46] for the four acres comprising 21 acres. Does not affect the moratorum.

[2:39:51] Does not affect our requirement to comply with the moratorum. Does not

[2:39:55] affect our requirement to comply with zoning once it is put in place. If the

[2:39:59] moratorum continues, we can't do anything. If the zoning ultimately uh

[2:40:05] prohibits the project because of owner requirements, the project will not get

[2:40:09] built. All we would like to do is spend our own

[2:40:13] money at our own risk to advance the prospect as a project and put it out in

[2:40:18] front of all of you for public comment display and effect and effectively

[2:40:24] kind of co-building it so we can try to build a project that works for

[2:40:26] everybody.

[2:40:30] Being able to secure the contract on the land allows us to do everything else

[2:40:34] that we haven't done yet. These things in combination cost substantial amounts

[2:40:39] of money which we simply can't release on a project that we cannot control.

[2:40:45] This project will not get built now in a month or even anytime this year. Our

[2:40:51] prospects at best case scenario is a break ground in Q2 and hopes for end of

[2:40:56] 2028 in service.

[2:41:02] Marshalltown has all the right ingredients to take advantage of the

[2:41:06] fourth industrial revolution which is coming in the form of

[2:41:10] digital infrastructure. It has power. It's getting a lot more of it. It's got

[2:41:15] great fiber and most importantly, it's got incredible people.

[2:41:20] Marshall Town has been the backbone of companies that build things for a long

[2:41:24] time. We think it is poised if it is strategic

[2:41:30] to become a pillar and eventually a juggernaut within the AI infrastructure

[2:41:34] era which is only just beginning. But it should do it the way it sees

[2:41:39] appropriate.

[2:41:44] So, I'd like to make a few comments,

[2:41:49] not specific to this project, but really just for all of you.

[2:41:59] I know people aren't a big fan of these projects. I know

[2:42:04] everyone's kind of tired of hearing of them. I know we have inflation and

[2:42:09] everything costs more than it did 3 years ago. Everyone's working as hard as

[2:42:13] they can with less room to breathe at the end of the month. And every headline

[2:42:17] says AI is going to change the world and no one is going to ask your permission

[2:42:22] for that to happen. So it starts to feel like the future

[2:42:26] isn't a choice you get to make, but that it's something that happens to you. And

[2:42:31] when something that big happens that fast and it's so far out of your

[2:42:35] control, there's really only one lever left to pull and it's the word no.

[2:42:42] It's not fear and it's not backwardness. When you can't tell who's telling the

[2:42:46] truth, no is the only safe answer. And I get it.

[2:42:51] There's plenty of towns who have been right to use it. And if everything I

[2:42:55] knew about this industry was what I heard on the internet this summer, I'd

[2:43:00] reach for the same lever. It can be frightening at times.

[2:43:06] But you know your history far more than I do. And I really enjoyed learning

[2:43:09] about it. And it tells a different story.

[2:43:13] In 1880, William Fischer stood at the waterworks during a fire, holding his

[2:43:17] city's water pressure steady with his own hands. Then he built a machine so no

[2:43:21] one ever has to do that again. 10 years later, this town makes a trial

[2:43:25] so good they ask when masons and archaeologists want a trial. They don't

[2:43:30] ask for a trial, they ask for a Marshall town.

[2:43:34] 5 years after that, Dave Lennox builds a better furnace a few blocks from here.

[2:43:38] So, three times over, the future didn't arrive here finished. Someone in this

[2:43:41] town built it, and the world came asking for it by name.

[2:43:47] The most recent chapter isn't history at all. 23 minutes of tornado came through

[2:43:51] downtown in 2018 and this town chose to rebuild.

[2:43:56] A lot of the people who did that are sitting in this room.

[2:44:01] There's a fourth industrial revolution upon us. And this one it's concrete,

[2:44:05] copper, and megawws. It's going to be built somewhere. The

[2:44:10] very large campuses that are in the headlines are a real shape of this

[2:44:14] revolution, but they're not the only shape.

[2:44:18] The choice isn't a thousand acres or nothing at all. That's the part I don't

[2:44:23] think anyone has been telling you because something quieter is emerging.

[2:44:27] And tonight it's on your doorstep. American companies like manufacturers,

[2:44:31] hospitals, insurance companies, banks, and others. They want their own data to

[2:44:36] use AI on their own hardware in a building that they can drive to in a

[2:44:40] town they can name. That work has to be built somewhere. And it needs three

[2:44:45] things. Power, fiber, and people who can run complicated machinery. The third of

[2:44:51] which Marshalltown has had for the last 140 years in spades.

[2:44:57] We also have a 21 acres that has been graded and serviced after the storm for

[2:45:01] exactly this purpose. So this is what tonight actually is. Nothing gets built

[2:45:06] tonight, this month, or this year. Your moratorium stands and we support it and

[2:45:11] we'll come through the front door like anybody else. Tonight is a vote to sell

[2:45:16] 21 acres you already set aside for industry. Tonight isn't the end of us

[2:45:20] proving it's just the beginning. Months of open meetings will follow our plans

[2:45:26] built alongside yours. And if it works, we'd like to be the

[2:45:31] reason the next one comes here, too. The reason that kid graduating from

[2:45:35] Marshalltown High can work on our generation's most critical

[2:45:39] infrastructure without leaving the county to do it.

[2:45:44] You can say no to this version of the future. You can say no to the ver to the

[2:45:48] version of the future that you don't want to see, but still say yes to your

[2:45:53] share of it. Those are not the same question.

[2:45:57] The future is coming at all of us very fast. But there is another way to build

[2:46:03] it. A smaller, more organic way. A way where the values stay closer to the

[2:46:08] ground and more towns and more people get to win. Not just the same people

[2:46:12] who've been willing all along. We believe in that version and we like to

[2:46:17] help prove that to Marshall Town. Marshalltown made the pump governor. It

[2:46:23] made the trow. It made the furnace. Every single time the world came here to

[2:46:29] buy it. The next age will be built somewhere by somebody on somebody's

[2:46:34] terms. We say let it be built here on your terms.

[2:46:39] The town that makes things chooses what it makes next. And it would be an honor

[2:46:44] for us to help you make it. Thank you. >> Thank you, Amir.

[2:46:50] [applause]

[2:46:53] » Okay, we can't have clapping. That's bad.

[2:46:59] Um, air, >> I I have a question for you. When you're

[2:47:03] talking 55 to 60 jobs, something in there. The average wage, what are you

[2:47:09] talking? >> Uh, we estimate about $113,000 on

[2:47:13] average. Some will be lower for like janitorial and security, but the highest

[2:47:17] end will be much closer to 200,000 if that's for like a network engineer.

[2:47:21] » Over $100,000. >> That's the average. The high end is

[2:47:25] closer to the 170 to 200 range, >> right? So you could your kid might be

[2:47:30] able to go through a college out here, get trained up and get hired there.

[2:47:35] » In fact, we'll pay him to do it. It's these jobs are in such incredible

[2:47:39] demand shortage or supply shortage rather that you can take the same

[2:47:44] baseline vocational training you've gotten at construction, in a factory for

[2:47:50] mechanical, electrical, plumbing. You can layer on a very specific training

[2:47:54] regimen of if this then that, if this goes out or preventative maintenance and

[2:47:59] service this new generation of specialty technology. And yeah, the pay is

[2:48:05] fantastic. And the job training programs will be paid for by us, by the

[2:48:09] hyperscalers, by others who would like to see these be local jobs. It's the

[2:48:15] only way it makes sense. >> Okay.

[2:48:17] » I know that uh I saw some figures. it wasn't on here tonight about the uh

[2:48:23] taxes that you'll pay and the effect on the uh local schools and you had a

[2:48:29] number of per student

[2:48:34] it was uh sorry >> um about $250 per student per year. So

[2:48:39] this project alone we anticipate providing $1.35 million a year to the

[2:48:45] Marshalltown school district uh to schools. um that is an annual figure.

[2:48:50] And so what that will help avoid is if the schools want to build a new

[2:48:54] building, if they want to create a new program, they want to refurbish the

[2:48:59] athletic programs, they're not going to have to come to all of you and raise

[2:49:03] property taxes. You're going to have a new source of property tax from a

[2:49:08] project like ours. >> Okay. Thank you.

[2:49:13] You are. >> Yes.

[2:49:19] There we go. Technology. Uh, can you give us some examples of

[2:49:25] centers that you've already built and their success rate?

[2:49:28] » Sure. So, you may be able to speak to this, but um worked on a project um in

[2:49:36] northern Illinois in a city called Elgrove Village um that is a uh 270

[2:49:41] megawatt project. Now, my background comes from the hypers scale world, which

[2:49:45] is why I'm able to navigate kind of the same level of institutional quality for

[2:49:51] these types of buildings at the smaller scale. These aren't Bitcoin. These

[2:49:54] aren't little containerized things. You kind of saw what we're we're going

[2:49:57] after. Um, that project is now up on buildings kind of two and three coming

[2:50:02] out of the ground. And, uh, I spent a lot of time kind of getting the campus

[2:50:07] laid out. And, um, for building one, which is, you can kind of Google it.

[2:50:12] it's it's uh on the north side of town. So what it does is granted in the

[2:50:17] earlier wave of data centers, a lot of these properties asked for abatements

[2:50:22] and a lot of the kind of meccas of data centers which is like Northern Virginia,

[2:50:27] um Chicago, Phoenix, Dallas, they uh kind of had that trade-off. But here, if

[2:50:35] you're coming and saying, "Well, we don't want you here." This is actually

[2:50:38] an amazing time to have a data center show up because

[2:50:43] the industry has evolved and matured to where we're not using these harmful

[2:50:46] evaporative technologies. So you have these basically quieter almost zero

[2:50:53] water systems, but the demand supply is so out of whack that we're coming here

[2:50:58] saying the rents basically have gone up and we can afford to ask for zero

[2:51:02] property tax which is the right way to do it because otherwise we have to then

[2:51:06] come and say now we want a tax break and so that is our kind of MMO is we only

[2:51:12] try to find projects where that can be our baseline. Well, I have a lot of

[2:51:17] questions, but some of them can't be answered tonight. Uh, but another one

[2:51:22] is, uh, can you elaborate on give us some details on what happened in

[2:51:27] Marshall Marshfield, uh, Missouri? >> Oh, yeah. I'd be happy to. So, I was

[2:51:32] working on a project there specifically where we were looking to advance a

[2:51:38] second project. We had it under basically LOI exclusivity and the seller

[2:51:42] chose to close the land to somebody else. Now you see what we're doing here

[2:51:47] today without even site control. We uh are basically putting our entire

[2:51:52] project almost open source for everybody to see. So you can trust us as a partner

[2:51:57] in your community. Now this is the same process we intended to pursue in

[2:52:02] Marshfield previously and it's the same one we still intend to pursue. But

[2:52:06] they're going through their own moratorium at the time and for good

[2:52:09] reason. So the other party who ended up purchasing that land in place of us um

[2:52:15] despite our legal contract uh just went ahead and graded the site. They didn't

[2:52:21] ask for permits. They didn't do anything like this. They just rolled dozers and

[2:52:25] graded the site. So and I've gone on record in saying this, that community

[2:52:29] was wronged. They of course were upset. There's a big outcry. There's more

[2:52:34] tournaments put in place and and for good reason. That kind of behavior is

[2:52:38] what makes this industry look bad. And so we wanted to pause to let the cities

[2:52:44] and counties out there work through their moratoriums, establish ordinances

[2:52:48] that made sense. The project that we still site control out there for is a

[2:52:53] heavy it's a intensive industrial type of zone project and we think it's going

[2:52:58] to be um similar to this where it's it's a much smaller project. So, it's uh less

[2:53:04] than half the power uh and therefore kind of size and and and um jobs and

[2:53:10] everything else. So, it doesn't quite compare to this one. This is a much

[2:53:12] larger opportunity for for Marshall Town. Um but that's the honest truth is

[2:53:18] we didn't get a chance to do this and because of their behavior, the other

[2:53:22] party, we didn't feel it was an appropriate time to do so. So, we're

[2:53:25] waiting for the right moment. Uh why does your uh proposal statement say that

[2:53:31] you don't have any NDAs or any closed door policies?

[2:53:36] » Why does proposal when in fact that uh you and John Hall had sent out uh

[2:53:42] private invitations for one-on-one Yeah. question and answering, which is in my

[2:53:49] book totally wrong because it gives either side, me or you, the opportunity

[2:53:55] to ask the question and then we get in public, we uh say, "No, we never said

[2:54:01] that." So, how can we trust you now saying what you did with what's happened

[2:54:06] here in the last few days? >> Well, those emails are obviously all

[2:54:10] foyable, and I'm sure they already are. You can look at those emails when we put

[2:54:14] on the record in the emails and every meeting that we requested was after we

[2:54:19] already planned on being here and having this presentation. The information in

[2:54:22] this presentation is much more robust than anything we're able to kind of

[2:54:27] verbally explain to anyone who was willing to hear and not answer any

[2:54:30] questions. The intent is to have those who are willing to be an audience for it

[2:54:36] ask questions like you'd asked that you may not have time to to answer to ask

[2:54:39] today. um and maybe questions you just don't want to ask today. Maybe it's a I

[2:54:44] don't know what a server does, right? And so it's to give that opportunity.

[2:54:48] It's not to cut a back room deal. It's not to do anything like that. It's just

[2:54:52] to create an opportunity to be an audience knowing that we were already

[2:54:56] coming out here to speak to the people. >> Mark, we need to let somebody else have

[2:55:03] a question. Does anyone

[2:55:08] question >> later? Yeah,

[2:55:11] » I've just got two questions for air. So, good to see you again.

[2:55:15] » You as well. >> Um,

[2:55:17] so what's your background is my first question.

[2:55:21] » I started in my career in commercial real estate finance. Um, I worked on

[2:55:26] construction and bridge loans originally on REITs and private equity portfolio uh

[2:55:32] deals. So, I worked on a 28 23.8 an $8 billion acquisition of the GE

[2:55:40] Capital portfolio with Blackstone and Wells Fargo. Um, and then I transitioned

[2:55:45] to infrastructure construction where I worked on bridges, highways, and roads

[2:55:51] in California, which is where I'm originally from. and then transition to

[2:55:55] real estate development doing residential and commercial development

[2:55:58] and then transition then to data center development on the hypers scale side

[2:56:02] largely because of the complexities of the intersection of power finance and um

[2:56:07] development. And then my other question is uh while

[2:56:12] you're here um have you found a residential site that you're going to

[2:56:17] build your home on and you're going to move here because I'm obsessed.

[2:56:20] » This speech you made it sounds like uh I'm obsessed.

[2:56:23] » You're moving here and so I'd love to your family you have already

[2:56:26] communicated with them that you're moving here.

[2:56:29] » I'm canceling my flight back. >> It's uh No, truly I do I do this for a

[2:56:35] living. I fly around all over the country. Um there's almost no data

[2:56:39] centers being built on the coast because it's very hard to do business in those

[2:56:42] states and there's not much power left. Um and so I go to I think I've been to

[2:56:49] 15 states. Uh I have this would be my first uh Iowa project though there's now

[2:56:56] several that we're discussing. I did not ever imagine I would like fall in love

[2:57:00] the states so quickly. It's very it's been very fun. I brought my dog out

[2:57:04] here. We have like a like a 10acre ranch that we're staying on. It's just like

[2:57:09] incredible and we're usually cooked up in an apartment. So, no, it's uh it's

[2:57:13] been fantastic. The people are incredible, too.

[2:57:18] » Anyone else have any questions or are we going back to Mark?

[2:57:22] » I just have a general comment. >> Okay, go ahead.

[2:57:25] » Yeah. So, air um it's nothing to against you or anything like that, but I was

[2:57:31] against you presenting. Um, >> understood.

[2:57:33] » Part of the reason was because you talk about a land contract and

[2:57:38] » the city's position has been that we don't share that because it's

[2:57:43] financially harmful for us, >> but yet you get to share your

[2:57:47] perspective on it. And I see your presentation and there's some things

[2:57:52] that I feel like is are inaccurate >> with the land contract, but I can't say

[2:57:56] anything. >> I'm happy to answer those today,

[2:57:57] » but I can't I legally can't challenge them. So that's

[2:58:01] » Can I can I anticipate a few of them and discuss them? Go for it. Great.

[2:58:04] » We have uh a very kind of like call it boilerplate

[2:58:08] Iowa um like land contract. I I would imagine that you would within

[2:58:15] that portion of it there's not much of controversy. We also tacked on an

[2:58:19] addendum to it to specify unique kind of components of this project because well

[2:58:25] we can't go ahead and just close because we have to advance our diligence and

[2:58:29] then we have to wait for the mortorium to take its time do its thing and then

[2:58:33] once it is lifted or not if it doesn't get lifted well then you know too bad so

[2:58:40] sad right but if if it is and then an ordinance emerges out of it well we have

[2:58:45] the opportunity to review that ordinance and decide at our discretion, well, can

[2:58:51] we build a project we intend to build here? Is this investment worth it? Not

[2:58:55] only the land purchase, but one thing I didn't cover here and I this project if

[2:59:00] we are able to deliver is a $345 million investment. And so for us to go ahead

[2:59:06] and and and follow through with that largely that is almost all like the

[2:59:09] mechanical components and everything else. Uh we have to understand that it

[2:59:14] makes sense. So we are able to look at the ordinance and decide either yes

[2:59:18] we're going to go ahead and close or we're going to pull out the setbacks are

[2:59:22] too ownorous we aren't able to adhere to the the the acoustics like let's say you

[2:59:27] tighten the requirements much more than existing industrial that would hurt the

[2:59:31] project outside of those two things I think we'll comply just fine but we have

[2:59:34] to protect ourselves in that sense um the it also tolls the moratorum so if

[2:59:40] you extend the moratorum another year from the several months that like the

[2:59:44] few months that is intended Well, then the the contract tolls as

[2:59:47] well for us to kind of be in the seat again working alongside you, sharing

[2:59:50] data and being an opportunity to step into the role uh and close should it all

[2:59:56] work out later. Uh those are kind of the main components. It gives us absolutely

[3:00:00] no say so on the ordinance you write. It gives us no say so on the moratorium

[3:00:03] which again we support. and it gives us no special treatment aside from anyone

[3:00:08] else who might have gone and secured private land from adhering to the

[3:00:12] moratorum whatever ordinance you guys come up with when that happens. The only

[3:00:16] difference here is you own the land versus maybe someone in this room or

[3:00:19] someone else in the county to where we can kind of sit by a little bit more

[3:00:22] quietly instead. I think it's a it's a blessing and to be honest is maybe a

[3:00:26] great way to go about these projects is just show our intent from day one and

[3:00:29] decide if it makes sense or not. >> Sure. And I appreciate that. I feel like

[3:00:33] you want to be transparent. So, you don't really have an issue discussing

[3:00:36] the land contract in public, right? >> Not at all. I'm happy to do it in open

[3:00:39] session. >> Okay.

[3:00:42] » Okay. Anybody else have questions or are we back tomorrow?

[3:00:47] » I think I'll let the public uh ask the questions.

[3:00:50] » Okay. >> Is there a website

[3:00:53] forgot to ask you a question? >> We're going to be launching website.

[3:00:58] It'll probably be later this week and I'm happy to put something maybe out to

[3:01:03] I don't know if someone has a Facebook account, but uh it it will be uh

[3:01:08] marshalltown.com. Um but it is not live yet. Um but if you

[3:01:14] have any specific questions you'd like addressed on that that weren't addressed

[3:01:17] here, happy to take your questions and make sure that's incorporated in there.

[3:01:21] It'll be like an FAQ. >> We need we need to have people come up

[3:01:26] to the mic. >> Oh, I'm sorry.

[3:01:28] Yeah.

[3:01:33] » Say my name again. >> Sher Larson, Marshall County. Um, who

[3:01:39] will be >> Please back. Speak into the mic.

[3:01:41] » Who will be um buying the product that this data center is selling

[3:01:47] » and how far away? >> Question is who's our end user? Right.

[3:01:51] So, we do not have an end user for this this project and of course, how could we

[3:01:55] don't even have site control? But ultimately our end users are not the big

[3:01:58] hypers scale clouds. We are kind of too small for them. They only want a

[3:02:02] gigawatt or something like that. And so we focus on if you will you heard the

[3:02:06] mag 7. We focus on the S&P 493. Everyone else who's not a giant cloud. So think

[3:02:16] um principal as insurance, think US bank, think uh JP Morgan Chase, think uh

[3:02:21] Fizer, think any large company that is, you know, that has a lot of employees,

[3:02:27] for example, they're now going to have a lot of compute needs, whether it's

[3:02:31] storage, data, CPUs, and more recently GPUs. They don't want necessarily to

[3:02:37] give all of their data to Enthropic and OpenAI. They don't necessarily want to

[3:02:41] give all of their data to Amazon. They want to control their own destiny in a

[3:02:45] lot of ways and they want to do it on Nvidia reference architecture systems

[3:02:49] which is what we build on and they want to do it on their own hardware that they

[3:02:54] own. So they're not being metered on like a pay as you go system. You might

[3:02:58] have heard of paying for tokens on an API key like the cost. If you go to uh

[3:03:03] swarmsystems.com, you'll kind of have a little like a

[3:03:07] animated intro and it kind of shows this exponential chart going up of if you're

[3:03:11] if you're paying as you go on those systems. And so really any of those

[3:03:15] companies, they've kind of are knocking down the door to land there because they

[3:03:19] they can go buy the chips from Nvidia, but they have nowhere to plug them in.

[3:03:22] You need liquid cooling systems. You need redundant backup generation. You

[3:03:27] need power that's on today at the density they're required to plug into

[3:03:31] those systems. And the only place those exist is a data center. And all the data

[3:03:35] centers for the most part a lot of them that are being built today are being

[3:03:37] built by or for kind of the big hyperscalers which is like Google,

[3:03:42] Microsoft, Amazon, Meta, Anthropic, OpenAI and Oracle and we service

[3:03:47] everybody else. Um so some of those companies could be

[3:03:52] Emerson Lennox absolutely m Maron company because there is a thing about

[3:03:57] um even though it's fiber optics that even the robotics that these places are

[3:04:02] using and the machine operations that they have they have to have quick

[3:04:07] uh use of centers like you're talking >> in order for some of that to work

[3:04:13] efficiently be able to go which then helps our companies grow. That's right.

[3:04:18] And and also we'll be building in fiber redundancy systems. So like we have to

[3:04:23] build into the site at two different locations and likely we'll need higher

[3:04:26] speeds than what exists today. Those upgrades happen at our cost. What you

[3:04:31] have when you if you kind of track it where you have the higher speed fibers

[3:04:35] going from 100 gigs to 400 eventually like 1.6 terabytes. Those fiber

[3:04:40] connections service the highest kind of technology type companies. You might

[3:04:44] have a robotics company move here because they can get that ultra high

[3:04:51] speed fiber even separate from our data center just because we overbuilt right

[3:04:56] for redundancy for our our customers and for everybody else. Someone think they

[3:04:59] might move into the Edgewood Industrial Park.

[3:05:01] » I didn't realize that till today. Yeah. that, you know, if you're using a data

[3:05:05] center in South Dakota, a lot of your stuff won't work. But if you're parked

[3:05:09] right next to it, um all the newer advanced manufacturing really it really

[3:05:14] upgrades what you can do. >> Yeah. This is why, you know, if you

[3:05:18] build it in the middle of nowhere, it's uh a lot of a lot of [snorts] places a a

[3:05:23] lot of companies are asking, well, what happens in 20 years when I need ultra

[3:05:27] high lat, you know, low latency systems? And that's why they'll come somewhere

[3:05:30] like Marshalltown. They'll put their servers in a data center in Marshalltown

[3:05:33] because they'll know that building will have value, you know, call it

[3:05:39] 15 to 40 megawatts, plug into a, you know, rectangular building that can be

[3:05:44] repurposed and that can really always be a data center for an enterprise. Whether

[3:05:48] you're bearish on AI and you think the big data centers will the efficiencies

[3:05:53] will not keep up with will outpace the demand then maybe the big ones will come

[3:05:57] down to this space and then maybe the demand will keep going which is what I

[3:06:02] believe then companies that either don't exist today or are very small today will

[3:06:06] end up being potential tenants for this type of data center.

[3:06:09] » Okay. Okay. We have another question or a

[3:06:13] comment.

[3:06:16] Tim Bradbury, 12 [clears throat] North 10th Avenue. Two questions. Um, will the

[3:06:23] saying it's going to be close to the neighborhood and you're going to have

[3:06:26] blowers or or fans, whatever. And we have good winters at times. Will that

[3:06:32] affect the neighborhood with the winter conditions? Will it cause more snow

[3:06:37] effects, more uh [clears throat] problems with winterizing and neighbors

[3:06:42] getting more drenched with snow? And then the other question is I just got to

[3:06:46] get it answered whether it's true or not. Was this area already known about

[3:06:52] in advance of you wanting an area like that to build upon that that's why the

[3:06:57] road and the area was built like it is that the money that was spent over there

[3:07:03] was that with you guys in mind? Um the second question first, no. Uh I I

[3:07:10] learned about this area in the last few months. So I I unless you guys can read

[3:07:14] minds, I don't I don't think so. Um the to answer the first question, which is a

[3:07:19] very good one, the Iowa weather is actually rather perfect for a data

[3:07:24] center because it you don't get that Texas super humid 114 degree kind of

[3:07:29] summer. And so we never actually have to crank on the uh com or am I wrong? Okay.

[3:07:36] Oh, okay. Okay. >> Is it Is it as humid though? I guess the

[3:07:41] corn. [laughter] >> We don't get it quite as long, but it

[3:07:44] still comes. >> Fair enough.

[3:07:46] » It's not as bad as Texas, though, right? >> It is.

[3:07:49] » No, >> it's a dry.

[3:07:50] » No, it's not as bad as Texas. >> Texas is brutal, guys. Anyways, well,

[3:07:54] it's not it's it's considered in in for data center climates a little bit more

[3:07:58] mild. And so, we don't need to use kind of the compressor systems that like when

[3:08:03] you turn on your condenser in your backyard and you hear that boing when it

[3:08:06] turns on, that's the compressor. And the actual fan is just it's just a fan. And

[3:08:11] when when we use the quiet kits, they have these serrated blades that are kind

[3:08:15] of like owl wings and they don't make the same kind of like humming noises. Um

[3:08:19] and so we're able to use those um in in lie of those compressor systems because

[3:08:24] of the relatively milder uh summers. Regarding the winter question, what all

[3:08:29] that does is because the temperature is simply colder, we don't need to blow as

[3:08:34] much air like blowing 20° air on a hot pipe versus blowing 95° air on a hot

[3:08:40] pipe. You don't need to blow as much of it cuz just ambiently it's cooling. And

[3:08:43] so our fans go from like call it 85% speed to like 25%. Cuz the pipe just

[3:08:48] being exposed going outside the system then coming back in. It does a lot of

[3:08:52] the work for us. And so the fans will just simply be quieter and they'll be

[3:08:56] less active. They'll be using less energy. The system is just much more

[3:08:59] efficient. >> Will it create a more snow effect for

[3:09:01] that neighbor? >> So we will study all of that in in

[3:09:04] what's called a CFD analysis. Um and it's kind of like a fluid dynamic system

[3:09:09] that they use for air. And so we'll study that to see how our generators,

[3:09:15] maybe I'll go back to the site. You'll see those kind of horizontal gray marks.

[3:09:20] The gray, those are our generators. The the wind here, the prevailing wind is

[3:09:24] largely from in this case the south and in some cases the north. But we need to

[3:09:29] make sure it's not going to blow from from the generators to the fans. We'll

[3:09:33] also study what the fans do relative to the environment. So all of that is

[3:09:38] studied for both hot and cold conditions. and they'll be studied and

[3:09:40] we're happy to um kind of open source it for everyone to review.

[3:09:53] » Uh Aaron Carpenter, 82 North Fourth Street. I have several comments and many

[3:09:58] questions. Um is there a time dang it? Okay, hold on. So, um you said that you

[3:10:06] support the moratorum. That sounds like a paradox when you were asking to

[3:10:10] squeeze in here under the line because uh people if you don't know the uh the

[3:10:16] waving of the third reading that they did like an hour ago that doesn't go

[3:10:20] into effect until it's printed in the paper. It's not in effect yet and it

[3:10:26] will not be in effect until it is in the Times record or Times Republican.

[3:10:30] » Can I address this one really quick? Uh we're happy to receive a counter from

[3:10:34] the city saying that that we cannot close on the property until the

[3:10:38] moratorum is in effect which obviously we won't do because then we can't build

[3:10:41] what we intend but we're happy to take that counter. We're not we're not trying

[3:10:44] to get in under any sort of line. >> Okay. If that is the case then I wonder

[3:10:49] why you're here tonight and not in two months when the moratorum is over.

[3:10:54] question.

[3:10:58] » We can't advance the project any further without site control. Um, the utility

[3:11:03] will not advance effectively our engineering studies. We can't advance

[3:11:07] our civil studies. I kind of brought up a list of everything we'd like to do

[3:11:12] that costs quite literally hundreds of thousands to millions of dollars. And it

[3:11:16] would be irresponsible for us to do so um without the prospect of being able to

[3:11:20] pursue the project should things work out.

[3:11:26] That makes sense because uh uh Lane, I think you brought up uh like a month ago

[3:11:32] uh if uh an entity has vested rights in property, uh they have all sorts of

[3:11:39] legal protections um and if the community or the council tried to stop

[3:11:46] someone from uh [gasps] sorry um if if if the committees tried

[3:11:54] to uh tell a developer to not um

[3:12:04] » you could be grandfathered in. >> You would be you

[3:12:08] would be grandfathered in with vested rights. Um, and even if planning and

[3:12:12] zoning or the board of adjustment did not want that project here, they could

[3:12:17] not legally, I believe, uh, say that that can or cannot happen. If it meets

[3:12:24] the city code under the law, they have to allow it to happen. Uh, that was the

[3:12:30] case in Cedar Falls. >> Steve, correct me if I'm wrong. Um, they

[3:12:34] are not asking for any of that. They're not trying to get in under the limit so

[3:12:38] they could use the old We're happy to >> not yet.

[3:12:42] » Well, >> there's nothing about this presentation

[3:12:44] that's legally binding. It's not in city code. It's PowerPoint promises.

[3:12:49] » It doesn't mean anything legally. >> We're we're happy to be counter to where

[3:12:55] we can't close until the moratorium is is in effect and in which case we can't

[3:12:59] pull a permit for a data center because a moratorum is in place. City simply

[3:13:03] won't give us a permit for it and without a permit we can't build and we

[3:13:08] therefore can't vest right. So, we're happy to to legally on a contract kind

[3:13:13] of tie that together. So, that's that's our promise.

[3:13:17] » I'll I'll just chime in briefly just on the concept of vested rights where where

[3:13:22] I've seen this uh in another industry that's come to to Iowa pretty heavily is

[3:13:26] uh wind turbines. Uh where and where vested rights really come into effect is

[3:13:32] where you have the governmental approval. Uh, and where I've seen it,

[3:13:36] you know, a a government approves a project for a bunch of wind turbines. A

[3:13:40] company goes out and spends hundreds of millions of dollars to get those in

[3:13:44] production. Production starts and then a new council comes in and they're like,

[3:13:48] "No, we're going to kill this." Well, that's where the vested rights really

[3:13:54] come in. What's what what's being proposed here is basically

[3:14:00] a a purchase with a lot of contingencies.

[3:14:05] um porno voter you can't we can't talk about that can we the purchase order or

[3:14:11] the purchase agreement >> the public no we cannot

[3:14:15] » I I I don't think the fact that he he's stated already

[3:14:19] » okay >> that it's would be contingent upon

[3:14:22] approval of regulations that work for them

[3:14:27] » so I'm not stating anything he hasn't >> yeah that that we can't be compelled to

[3:14:31] close if you pass an ordinance that requires like 20 dB which is like

[3:14:37] quieter than a cricket, right? Like we have to be able to review what gets

[3:14:41] passed and see if a project could be developed. That's that's all it is is

[3:14:44] that we we have a right to look at what you what you do and then decide for only

[3:14:50] for us. Uh do we still want to go forward this investment or or not? But

[3:14:54] if if it's anything like the general industrial, we already have a project

[3:14:58] that works for it. And basically, you know, and

[3:15:04] without vested rights, and I've I've never met Amir before. I I have no dog

[3:15:08] in this fight. um without any type of vested rights and with the kind of

[3:15:14] contingencies that he's explained, uh there's still a pretty big risk that

[3:15:18] they spend all this money and then the city just listening to you going through

[3:15:23] this whole process u adopts very stringent uh regulations

[3:15:29] that they might not be able to comply with and they would just have to walk.

[3:15:32] » Yeah, we lose a lot of money. >> I think we need to wrap up things.

[3:15:39] Uh, Mr. City Attorney, I'm sorry I don't know your name.

[3:15:43] » Steve, um, are you referring to Gisler v Cedar Falls

[3:15:50] uh, in in Cedar Falls several years ago, maybe 20 years ago now, um, a developer

[3:15:56] wanted to put in a small multif family housing unit um, that complied with city

[3:16:01] code. city changed their code um after they had those plans and then um when

[3:16:09] the city said they could no longer build then the developers sued the city.

[3:16:16] » I wasn't referring to that in particular. I'm aware of several uh I

[3:16:20] don't want to state locations of several uh wind turbine projects where

[3:16:27] governments have gotten themselves in trouble by preliminarily approving it.

[3:16:31] Uh the developer goes out, spends significant amount of money in reliance

[3:16:36] upon those approvals and then they try to retract the approval. That's where

[3:16:39] vested rights will will get governments in trouble and potentially large

[3:16:44] settlements. In this case, we'd be selling a property for a data center.

[3:16:51] [laughter] >> If if we later say that we that code,

[3:16:56] » it won't be sold until the planning and zoning is done

[3:17:03] is the way I understand it because of the contingency. So, he won't own it,

[3:17:08] » right? >> Okay.

[3:17:09] » Until the planning and zoning is done. and then he looks at the planning and

[3:17:14] zoning and says, "Okay, we can comply with this or no, we can't comply with

[3:17:20] this." >> Okay. Um, in that case, I would like to

[3:17:23] urge council to not go into close session later if there is not a real

[3:17:27] estate deal to be made. Thank you. >> Thank you. Let's take one or two more

[3:17:31] questions, then we do have more on the agenda. So,

[3:17:35] » hi Lee B, Marshalltown, Iowa. Um, I'm going to step forward and say, okay,

[3:17:41] let's say hypothetically speaking, land contract goes through. My question, I

[3:17:46] have three questions. The first one is, who are your investors? $345 million, at

[3:17:51] least in my neck of the woods, is a lot of money. Okay. Who are your investors?

[3:17:57] Are we talking local investors? Are we talking overseas? I mean, specific

[3:18:01] names. Can you give those

[3:18:05] » without So the best place I'd point you to is so we build an innovative

[3:18:10] reference architecture. Uh Jen Sen Huang, the CEO invid recently on CNBC

[3:18:15] with six CEOs of several large investment banks and private equity

[3:18:20] firms that effectively underwrite to leases on the Nvidia architecture

[3:18:24] because that's an investable asset class. And so you can kind of look up

[3:18:29] the largest infrastructure and data center investors kind of in the country

[3:18:32] and it's kind of the largest private equity firms who back it on a project

[3:18:36] finance level. So it's tied to the customer's credit because we underwrite

[3:18:42] to investment grade and highquality credit firms like these large

[3:18:46] enterprises. their credit is signed through between anywhere between like a

[3:18:52] 7 to 15 year lease and that underwrites the the financing for the asset. Also,

[3:18:57] that allows revenue to be effectively guaranteed by someone who's a real

[3:19:01] company and not uh like Bitcoin for many many years and therefore you can rest

[3:19:06] assured that once a project is built for quite a long time, there's going to be

[3:19:10] revenue coming in guaranteed because of that that credit is on the hook.

[3:19:14] » Okay. Speaking of speaking of revenue, you taught your end users, etc. What

[3:19:19] would you anticipate on the annual net income for a data center here in

[3:19:24] Marshalltown? What would you anticipate? >> I would have to kind of go back and and

[3:19:28] do some additional analysis on on the rents and see if that's something we can

[3:19:33] uh follow up on maybe on the website. >> Okay. Um let's see. Um if a land

[3:19:39] purchase were approved and a center was built, what are your future plans? Would

[3:19:43] it be selling to another company? Would you want to go further east on that

[3:19:47] land? Um, just trying to see what would you anticipate a future looking like say

[3:19:53] 15 20 years down the road. We don't need another hospital. So, of course,

[3:19:57] decommissioning would have to be in there, but we're I'm just curious as to

[3:20:01] what are what's your vision? >> Sure.

[3:20:04] » Currently, it's the one building on the one lot. uh we would be basically uh

[3:20:10] have to come up with a new power solution to do anything beyond that. So

[3:20:13] we're effectively capped by the power because again we focus on these existing

[3:20:17] infrastructure components. Any new project would basically require new high

[3:20:21] voltage to be brought in and those are kind of more of like the sprawling

[3:20:24] campus type of projects which doesn't quite fit. Huh.

[3:20:28] » More of your hypers. >> Yes. Exactly. And so um there may be

[3:20:32] other opportunities for some smaller ones but uh as far as you you kind of

[3:20:35] mentioned decommissioning. So this is where again I think it'd be helpful for

[3:20:39] us to be working alongside in parallel planning and zoning. The current

[3:20:43] ordinance reads for kind of larger buildings, a lot of deviations and

[3:20:47] setbacks and things that really read to more of a retail center. But if you

[3:20:51] build a very bespoke like kind [clears throat] of jogging data center

[3:20:55] now you're actually reducing the like kind of the alternative uses because if

[3:20:58] you have a rectangular building with power hooked up to it, that can be heavy

[3:21:02] manufacturing. That could be something else later if you're if you're kind of

[3:21:06] bearish on AI. But if you look at like historically built data centers, the

[3:21:11] vacancy rate in data centers across the US is around 1%. And it's because

[3:21:15] there's just so much demand compared to supply that it even makes sense to go

[3:21:19] buy older data centers now and take rip out all the old gear and put in all the

[3:21:22] new gear because compared to China, the US is very power constrained. And so we

[3:21:27] have to get the most out of our megawatts with the latest chips. And so

[3:21:31] unless you think the internet's going to go away, you know, even if you even if

[3:21:34] you take AI out of the equation, if you look at the growth of just cloud and

[3:21:39] data centers strictly due to internet use, it's it's truly exponential. In the

[3:21:44] last exclusive of AI between 20, I think 2 and 20 or sorry 2020 and 2022,

[3:21:55] I believe somewhere in the two-year range. I think like 90% of the world's

[3:22:00] data was like in the year 2022 was created in the last two years. So it's

[3:22:06] truly an exponential growth that I think if you believe the internet will

[3:22:09] continue, there's always going to be a use for it because the hardest thing to

[3:22:13] bring is the power. >> Okay, Lee.

[3:22:16] » No, this is this super simple. Oh, I know. Thank you. Simple. Can you provide

[3:22:20] the updated um I guess your presentation? Can you

[3:22:26] give that to the city so we can have that put out on the city? That's all I

[3:22:29] wanted to know as an updated presentation.

[3:22:32] » Yes. >> Thank you.

[3:22:34] » Okay. >> I just have one.

[3:22:36] » Okay. One question. >> Um Sarah Neurroth, 20 East State Street.

[3:22:40] So I just did like a little bit of uh like research just when you were talking

[3:22:45] and stuff. And so it's kind of going back to what Councilman Mitchell asked.

[3:22:50] So, does your company actually have any working

[3:22:58] like do they have any that are built right now? From what I came up with that

[3:23:02] they did not. So, this is basically theoretical. Is that correct?

[3:23:08] » Um, it's not theoretical. We've uh our our

[3:23:12] team has built about 3 gawatt of data center projects and power

[3:23:16] infrastructure. Swarm is a relatively newer company compared to a lot of the

[3:23:19] larger hypers scale. So none are operating today. There's a few in

[3:23:23] various levels of pre-construction and pre-development across the country.

[3:23:28] » Okay. So I guess I'm not sure where your numbers are coming from then if you

[3:23:33] don't actually have uh >> well

[3:23:37] » it's uh it's data centers are not new to us. small ones are um the projects that

[3:23:43] I've personally worked on is a 270 megawatt project in Illinois, a 600

[3:23:48] megawatt going a gigawatt project in Texas and a 370 megawatt project in

[3:23:52] Phoenix as well as a couple smaller ones uh in various parts of the coast

[3:23:56] including California. So we've done a lot of data center projects, but this

[3:24:00] approach and doing these smaller ones focused on these specifically kind of

[3:24:05] like highdensity zero water like enterprise solutions is

[3:24:11] is what we left to go do. And and uh it's a relatively newer phenomenon

[3:24:17] because everyone was pretty happy with the cloud until their bills started

[3:24:20] catching on fire the last couple of years. But we have all the connections

[3:24:24] to all the contractors, operators, co-developers, investors and financeers.

[3:24:30] We ultimately are real estate developers. And so the operations is

[3:24:33] kind of its own layer within that. The commissioning of the actual components

[3:24:38] and and everything else is different a different group. And so we have

[3:24:42] contractors, vendors, and everyone kind of down the chain.

[3:24:47] » Okay. I think we probably discussed this.

[3:24:52] Do you have a short question? >> I do. Maggie Valentine, [clears throat]

[3:24:56] 2345, Whispering Oaks Road. Um, just your proposal sounds as good as we could

[3:25:04] hope for, I think, if we believe everything that's been said.

[3:25:08] » Let us prove it. [clears throat] >> Well, I think the best way to prove it

[3:25:12] would be to stop until the moratorum is finished and we have our regulations in

[3:25:18] place. I understand wanting to move forward with the due diligence. It's

[3:25:23] perfectly reasonable. However, I feel like part of supporting the moratorum

[3:25:28] is adhering to not bringing a proposal to the council. I mean, the tone of this

[3:25:33] the everyone is so upset. And so, I just think if you want to prove it, start

[3:25:40] right now and maybe we'll get the information we need to believe it and to

[3:25:46] welcome you. if we're given the opportunity to do that under the

[3:25:50] conditions that we all believed we were going to have moving forward. So, thank

[3:25:55] you. >> I think I think just to to to answer

[3:25:59] that if the if the city responds to our our offer with a counter that says we'll

[3:26:05] accept your offer, but you simply cannot close until we a enter the moratorum and

[3:26:10] then b choose to lift it and only then legally can we close on your pro on this

[3:26:15] transaction. We're happy to accept that and that will like legally bind us to

[3:26:19] being solely at risk on due diligence and being un legally unable to close

[3:26:24] prior to that. We're happy to to proceed that way and all it lets us do is

[3:26:28] proceed cuz otherwise we're waiting several months and and

[3:26:33] just frankly we have to identify where to pour our our time and resources and

[3:26:38] we think this is a fantastic opportunity. We'd love to to make

[3:26:41] Marshalltown home and to drive this forward. And again, in support of the

[3:26:45] mortorium, we're happy to to le like this is as binding as it can be is a

[3:26:51] contract with the city that we cannot close until the moratorium is entered

[3:26:55] and then exited. >> I think the problem is that we don't

[3:26:57] want there to be a contract at all until we get to the end of our process. And if

[3:27:02] Marshall Town is so fabulous, it's worth waiting until November in my opinion.

[3:27:07] » I agree. >> I agree.

[3:27:08] » Okay. I I think that we're done taking questions and comments. Uh we've had

[3:27:15] this is a presentation. >> Mine's not long. I I April long 911 May.

[3:27:21] I would just urge everyone on the city council and everyone listening to check

[3:27:26] out the Marshfield, Missouri newspaper and see what they have had to say about

[3:27:31] their experiences um with this particular company and data center. A

[3:27:37] quote from their newspaper, "Staffing is limited and the facility is largely

[3:27:42] automated with on-site operation teams performing performing

[3:27:47] periodic preventative maintenance. Uh 60,000 square foot building subject to

[3:27:53] change during design and uh estimated at 15 employees. It's

[3:28:01] » peak shift that is in the quote there, >> right? But 15 employees that's

[3:28:06] » that's so it's three shifts and that's about half if not smaller than this

[3:28:09] project. So 15 * 3 is like 45 and that's like half the size of this project.

[3:28:15] » I don't think we're going to get the unemployees that they're talking but

[3:28:18] please check out their previous experience in the Marshfield Missouri.

[3:28:25] Thank you. >> Okay.

[3:28:27] I have a quick question for you. Um,

[3:28:33] » since Amir has said that he's okay with everything being open, yeah,

[3:28:39] is the information that this council has confidentially, can can I disclose any

[3:28:46] of it right now to counter something that was asked and said,

[3:28:50] » Steve, I'll leave that up to you.

[3:29:03] I can't read your mind. So I don't dangerous

[3:29:13] » whisper in his ear.

[3:29:18] » Either I can or I can't, I guess.

[3:29:28] the chips. >> So, you're saying I'm out there on my

[3:29:31] own? Get I get my >> I'm going to get my hands slapped again

[3:29:34] if I get out of line here.

[3:29:39] » I'm going to tell the public. You guys keep asking um why you're asking a very

[3:29:45] valid question. Why can't this individual wait till the moratorum

[3:29:51] is over? um be three months be September,

[3:29:55] October, November on a two-year build. >> It's already the end of September.

[3:30:03] » It's the end of August. >> So, I guess what I'm going to say is

[3:30:07] since the mayor has said he's okay with everything being out in the open,

[3:30:11] correct? >> Sure.

[3:30:12] » And I'm sure I'm going to get in trouble for this.

[3:30:17] Amir made an offer to buy land from the city. That's been leaked. Everybody

[3:30:22] knows that. Okay. Obviously, we're here today because the

[3:30:28] city didn't accept that offer. The city made a counter offer

[3:30:35] that pushed the date back beyond the moratorum.

[3:30:42] So you guys are exactly right that we're willing to sell the land. We're just

[3:30:49] wanting to wait till the moratorium's over and we're back here tonight because

[3:30:55] air did not agree to our counter offer. >> He made a counter offer, Gary.

[3:31:02] » Huh? >> He made a counter offer.

[3:31:03] » He made a counter offer that brought the date forward

[3:31:06] » right from the end of the mortorium. And we're not looking to close before. I

[3:31:10] understand that. I get that. >> But so I guess if we if we proceed and

[3:31:13] we wait until December, what do what we have absolutely zero

[3:31:19] assurance that we're going to be the ones developing on this land versus

[3:31:22] somebody else. So sure, we could sit around and wait, but we're not going to

[3:31:27] be able to advance a project, spend dollars, and

[3:31:30] » So you're saying trust you, but you don't trust us that we have an offer. We

[3:31:35] have an interested party that wants that land. You're saying you don't trust the

[3:31:40] seven of us that we would sell that land out from under an interested party.

[3:31:45] » No, that's not what I'm saying. >> That's exactly what you're saying, Amir.

[3:31:48] It's exactly what you're saying. >> Uh Gary,

[3:31:52] » we're a little beyond. >> Yeah, we're beyond the presentation

[3:31:55] right now. I I will say that Alliant will work with developers to a certain

[3:32:02] point and then they have to have the land located

[3:32:09] on that they want to do because there's hundreds of thousands of dollars

[3:32:13] involved with this. >> So

[3:32:17] » you have to have a location that Alliant can then work with you to

[3:32:22] work through all the other details. So, um, [snorts]

[3:32:27] » but that doesn't invalidate the question, which is would it

[3:32:32] » not viable? >> All right, I think we're done talking

[3:32:37] about this on the presentation. Um, let's move on to the next. Thank

[3:32:42] you, Amir. >> Thank you.

[3:32:45] » Let's move on to the next. We're >> going to go into close session possibly.

[3:32:54] um on this. >> Don't leave yet.

[3:33:04] » Okay, so we did that >> back together.

[3:33:10] » Oh, we got to go through our motions. >> That's the order of business. We have to

[3:33:14] go to close session. >> Yeah, that's right.

[3:33:17] » Okay.

[3:33:21] Your honor, I do have a question. >> Yes.

[3:33:24] » Who all will be present during close session if we are to agree to it?

[3:33:30] » The council.

[3:33:35] » What about >> the litigation?

[3:33:38] » Yeah, the litigation I've been asked to set out.

[3:33:40] » Yes. >> Okay. Uh first thing that we are going

[3:33:45] to do >> um

[3:33:48] Do I hear a motion to go into close session?

[3:33:50] » So moved. >> Second.

[3:33:53] » And then I have a quick comment. Um I'll be abstaining um uh due to being the

[3:33:58] adverse party of it. >> Okay.

[3:34:01] » And I would just like to say,

[3:34:05] » your honor, >> hold on.

[3:34:09] » You need to push your mic. >> Sorry about that. Uh just want to chime

[3:34:13] in before a vote to go into >> your honor. Can you hear me? Yes, I can.

[3:34:17] Hold on. >> Hold on a second, Melissa. Steve's

[3:34:21] talking. >> You got to get close.

[3:34:25] » All right. I just want to chime in before there's a vote on the close

[3:34:27] session. Uh to let it be known that I am familiar

[3:34:32] with the facts and circumstances, and it's my opinion that the council has a

[3:34:36] legal right to go into close session uh under uh Iowa code section 21.5

[3:34:42] subsection 1, paragraph C. >> Okay. Melissa, did you have something?

[3:34:48] » Yes. I wanted to know who all was present.

[3:34:53] » Who all is present? >> It will be the city council and the city

[3:34:57] attorney >> and Kristen.

[3:35:00] » Not yet. >> Not yet.

[3:35:01] » No. >> Okay.

[3:35:04] » First one is legal. >> Yes. And our legal council. Okay.

[3:35:10] Let's have roll call, please.

[3:35:15] Sorry. Clarification please. Which of the closed sessions?

[3:35:20] » Number one. >> Okay.

[3:35:24] » Gotcha. Thank you. And so we are doing those in order or we're at least going

[3:35:28] through there. Thank you very much. >> Okay. So this is a motion to go into

[3:35:34] close session. Cahill. >> Yes. Gonea.

[3:35:39] » Yes. >> Mitchell.

[3:35:40] » No. Nicholls, >> yes.

[3:35:43] » Schneider, >> yes.

[3:35:45] » Thompson, >> no.

[3:35:47] » Yep. Gomez, >> obstain

[3:35:53] failed >> because he obtained.

[3:35:55] » Yes,

[3:35:58] » we won't be able to enterain any type of

[3:36:04] » Okay. So then we will move on to close session number two.

[3:36:12] » Close session pursuant to section 21.5 subsection 1 paragraph J of the code of

[3:36:16] Iowa to discuss the purchase and sale of particular real estate only where

[3:36:19] premature disclosure could be reasonably expected to increase the price that the

[3:36:23] government body would have to pay for the property or reduce the price that

[3:36:25] the government body would receive for the property. The city of Marshalltown

[3:36:29] has an attorney client relationship with Lynch Dallas PC by council resolution

[3:36:32] 2022 161 approved June 13, 2022. There may be council action by motion to

[3:36:37] follow the close session if directed by the city's attorney. And

[3:36:42] » okay, >> and as with the last one, um I am

[3:36:45] familiar with the the facts and circumstances and it is my opinion that

[3:36:49] the council has the legal right to enter into closed session for the stated

[3:36:54] purpose pursuant to section 21.5 subsection 1 paragraph J of the Iowa

[3:37:00] code. >> Move to go into close session.

[3:37:04] » Second. >> Your honor, can I have a clarification

[3:37:08] prior to going in just going not going into close session for this.

[3:37:13] Would it then I'll I'll restate. Several people have asked that this stay in open

[3:37:19] session. Would we not discuss it at all if it doesn't go to close session or

[3:37:25] would we discuss it in open session? >> Uh that remains to be seen. There'd have

[3:37:30] to be an open there would have to be a a motion and a vote to discuss it uh in

[3:37:34] open session since there could be negative repercussions uh from that. Uh

[3:37:39] typically uh you know the reason for going into close session is similar to

[3:37:44] why you don't uh when you purchase a home for yourself, you don't sit down

[3:37:48] with your spouse along with the other party across from a table and talk to

[3:37:52] each other about it. You >> get that private so you can negotiate

[3:37:57] fairly >> by going by not going into close

[3:38:00] session. Would that have any um precedent setting for future real estate

[3:38:06] activities? No, you you never have to uh go into uh

[3:38:12] close session and I I don't think it would set a uh precedent. Uh but it

[3:38:18] would arguably harm your negotiating position.

[3:38:22] » Thank you. >> Okay, I have a motion and a second to go

[3:38:26] into close session. >> Can I have a roll call, please?

[3:38:29] » Mitchell, >> no.

[3:38:32] » Nicholls, >> Schneider,

[3:38:34] » yes. >> Thompson,

[3:38:35] » no. >> Yep. Gomez.

[3:38:36] » No. >> Cahill.

[3:38:40] » Um, yes. Seca,

[3:38:46] » yes. >> Okay, that motion failed

[3:38:50] uh because we have three no votes. So, I would entertain a motion to discuss this

[3:38:55] item uh in open session. >> So, I will make that motion.

[3:38:59] » Okay. >> Second.

[3:39:01] » Okay. Any questions or comments, >> your honor?

[3:39:06] » Yes. >> I think it it would not be in our best

[3:39:11] interest to go in open session with this primarily because

[3:39:16] again what our what Steve just said and also because um just listening to

[3:39:24] everything and yeah, it it it just wouldn't be good.

[3:39:28] And also, um, I wanted to talk to you guys about getting I know I know Steve,

[3:39:33] you know, you're a city attorney and everything, but having an actual real

[3:39:36] estate attorney look at all these documents. Um, just with everything

[3:39:41] being said um by the other party, I think that we really do need an actual

[3:39:45] real estate commercial attorney. this. Now, thank you, Gary, for asking what

[3:39:50] his background was cuz now we know that he was a commercial real estate agent

[3:39:54] and um has his license in whatever state he's in, California or whatever. So, he

[3:40:00] he knows more about um how to write up a purchase agreement cuz like whenever

[3:40:06] obviously whenever we write up our own purchase agreements, it's going to look

[3:40:10] a lot better for, you know, because we're licensed and things like that. So,

[3:40:14] I I think we should really look into getting a real estate attorney, a

[3:40:19] specific one. >> I would just point out that I am a real

[3:40:21] attorney and a real real estate attorney, [laughter]

[3:40:24] » uh, and that I handle all of the city's real estate transactions personally. So,

[3:40:30] » thanks. >> Yeah. Also, Kristen Paulie is our

[3:40:34] listing agent and did turn in the offer. >> Okay.

[3:40:41] I know, but like what I'm saying is um

[3:40:47] » Okay. I mean, I still think that we should have

[3:40:51] somebody else look it over. >> Okay. Your honor, if I may.

[3:40:56] » Okay. We have a >> Your honor, if I may.

[3:40:58] » Yes. Um, [snorts]

[3:41:01] I have a different reason for not wanting to go into this open session to

[3:41:06] discuss this because I don't believe that just saying possible open session

[3:41:12] open session to discuss the sale of real estate with possible action to follow. I

[3:41:16] think it's in violation in my opinion. I'm not a real person or a real lawyer.

[3:41:23] » So, real person. Um, so I'm just saying we did not tell the public what the

[3:41:29] address was or anything about this. So I feel we failed to meet the open meeting

[3:41:35] laws requirement and let you know what piece of property we're talking about

[3:41:41] and there may have been other people that would have come to this meeting

[3:41:44] tonight if they would have known what that property was.

[3:41:49] So therefore I like councelor Fana do not believe we should go into this uh

[3:41:57] discussion. >> Thank you.

[3:42:00] » Yes. >> So uh it was clearly in the uh packet

[3:42:06] what the presentation and the address was regarding this. Yes.

[3:42:10] » So that is not a surprise. That is was public information beforehand

[3:42:15] uh >> because that's in the packet.

[3:42:18] The packet was air's presentation. There's nothing that says this closed

[3:42:22] session and this open session were about his presentation.

[3:42:26] » You know it because we have other information. They didn't know it before

[3:42:30] they got the packet on Thursday. >> I I would say that was public

[3:42:34] information because everybody know we got the audience here because of this

[3:42:38] issue. >> Um it it could be more descriptive. I

[3:42:43] think it's I think it's sufficient uh how it was described. Uh and I'd like

[3:42:49] you to all keep in mind that nothing that you can't make a final decision on

[3:42:56] this because you haven't yet complied with 3647 and made a resolution

[3:43:02] proposing the sale and setting a public hearing. So that would still have to go

[3:43:05] forward. >> Um and and that's the public hearing

[3:43:12] aspect of it there. There's no city of Marshalltown is very generous uh

[3:43:18] with its public input having basically public comment on every single agenda

[3:43:21] item. Um that's not the cases the case most places. Um and there there's that's

[3:43:30] why you have to have an actual public hearing to solicit public input uh with

[3:43:34] a sale. You're kind of getting bonus input at this point would be would be my

[3:43:39] uh take on that. and you would list it more specifically uh moving forward with

[3:43:45] that formal resolution. >> Okay,

[3:43:50] let's have a roll call, please. >> Thompson,

[3:43:55] » no. >> Um, no.

[3:43:56] » Yep. Gomez, >> no.

[3:43:58] » Cahill, >> no.

[3:44:01] » Bonka, >> no.

[3:44:03] » Mitchells, >> no.

[3:44:05] » Nicholls, >> yes.

[3:44:07] » Schneider, >> yes.

[3:44:09] What was the final vote on that? >> 52.

[3:44:14] » 52. No. >> Okay.

[3:44:19] » Well, >> let's go ahead and move on to

[3:44:25] motions.

[3:44:29] » G.

[3:44:33] Number one, >> motion to appoint Marty Wymore to the

[3:44:37] plan and zoning commission term ending March 31, 2028, replacing Matt

[3:44:41] Broadding. >> Move to approve.

[3:44:43] » Second. >> I have a motion and a second.

[3:44:47] » I have a brief description of Marty's application. Marty has applied to serve

[3:44:51] on the planning and zoning commission. He Marty is an American Institute of

[3:44:56] Certified Planners member and has more than 35 years of professional experience

[3:45:00] in community planning, infrastructure, [snorts] housing, transportation,

[3:45:03] economic development, and grant administration. He holds a bachelor's

[3:45:07] degree in geography and a master's of public administration. And he has served

[3:45:11] as the executive director of region 6 resource partners since 1991. His

[3:45:16] professional qualifications, knowledge of Marshall Town, and his interest in

[3:45:19] quality growth and redevelopment would bring substantial experience and

[3:45:23] expertise to the commission. >> Anyone have any questions or comments?

[3:45:30] » Roll call, please. >> Cahill,

[3:45:33] » yes. Bonka, >> yes. Mitchell,

[3:45:37] » yes. >> Nicholls,

[3:45:38] » yes. >> Schneider,

[3:45:39] » yes. >> Thompson,

[3:45:40] » yes. >> Yep. Gomez,

[3:45:41] » yes. >> Okay. Okay. Motion number two,

[3:45:46] » motion to appoint Robert Thomas to the Waterworks Board of Trustees, term

[3:45:49] ending May 1 of 28, replacing Benjamin Fletcher.

[3:45:53] » To approve. >> Second.

[3:45:55] » A. I have a motion and a second. >> Okay. Mr. Thomas is the retired

[3:45:59] president and CEO of United Bank and Trust and brings 44 years of experience

[3:46:03] in management, finance, budgeting, bond issuance, and strategic planning. He has

[3:46:08] an extensive history of service to organizations throughout the

[3:46:11] Marshalltown area. His financial background and a stated interest in

[3:46:15] water quality, infrastructure, and future water capacity will provide

[3:46:18] valuable experience to the board. >> Do we have any questions or comments

[3:46:22] from anyone? >> Roll call, please.

[3:46:25] » Schneider, >> yes.

[3:46:26] » Thompson, >> yes.

[3:46:27] » Yep. Gomez, >> yes.

[3:46:29] » Cahill, >> yes.

[3:46:30] » Bonka, >> yes.

[3:46:32] » Mitchell, >> yes.

[3:46:33] » Nichols, >> yes.

[3:46:36] » Okay. Number four. >> Number three.

[3:46:38] » Motion. Motion to approve a 5-day class C retail alcohol license for Midnight

[3:46:42] Ballroom LLC for the rodeo on October 17th at the Central Fairgrounds.

[3:46:46] » Move for approval. >> Second.

[3:46:48] » Have a motion and a second. Any questions or comments?

[3:46:53] » Roll call, please. >> Mitchell,

[3:46:55] » yes. >> Nicholls,

[3:46:56] » yes. >> Schneider,

[3:46:56] » yes. >> Thompson,

[3:46:57] » yes. >> Yep. Gomez,

[3:46:58] » yes. >> Cahill,

[3:47:00] » yes. >> Seca, [clears throat]

[3:47:02] » yes. >> Okay. Number four.

[3:47:06] Motion to approve a 5-day special class C retail alcohol license for Lucky Wife

[3:47:11] wine flushies for October 5th, September 24th to September 27th.

[3:47:15] » Move for approval. >> Second.

[3:47:17] » Okay, I have a motion and a second. Questions, comments?

[3:47:22] » Roll call, please. >> Yep. Miss Gomez,

[3:47:24] » yes. >> Cahill,

[3:47:25] » yes. Jona, >> yes. Mitchell,

[3:47:28] » yes. >> Nichols,

[3:47:29] » yes. >> Schneider,

[3:47:30] » yes. >> Thompson,

[3:47:31] » yes. >> Okay, number five. Motion to approve a

[3:47:36] 5-day class C special class C retail alcohol license for Thirsty Pigs LLC for

[3:47:41] October 1st, September 24th to 27th. >> Move for approval.

[3:47:45] » Second. >> Okay. Any questions or comments?

[3:47:51] » Roll call, please.

[3:47:55] » Yes. Mitchell, >> yes.

[3:47:56] » Nichols, >> yes.

[3:47:57] » Schneider, yes. >> Thompson,

[3:47:58] » yes. >> Yep. Gomez,

[3:47:59] » yes. >> Cahill, yes.

[3:48:02] » Okay. Resolution number one, >> resolution approving an amended

[3:48:07] agreement between the city of Marshtown and the Marshall County Arts and Culture

[3:48:10] Alliance, Inc. for a permanent art installation on city property at 101

[3:48:13] West M West Main Street. >> Or a motion for approval.

[3:48:20] » Move to approve. >> I have a motion and a second. [snorts]

[3:48:24] Kelsey, >> good evening. Kelsey Stafford, park and

[3:48:28] recreation director. One more moment. I'm just pulling up the final rendering

[3:48:33] here for you all.

[3:48:43] The Arts and Culture Alliance and the Parks and Recreation Department present

[3:48:46] for your consideration an amended agreement to transition the temporary

[3:48:50] activation of the lot located at 101 West Main Street to a permanent pocket

[3:48:55] park. This project is born from overwhelming positive feedback from the

[3:48:59] ACA's creative placemaking committee, conversations with community members and

[3:49:04] local businesses, and support from both the Marshalltown Central Business

[3:49:07] District and the Marshalltown Area Chamber of Commerce.

[3:49:11] The city will be saving $800 to $1,000 per year in contract mowing costs, but

[3:49:16] will incur about $50 per year in cost to maintain vegetation.

[3:49:21] The park will require watering and minimal weed control in the first one

[3:49:24] and a half to two years, but will continue to be low maintenance in the

[3:49:28] future as carefully selected perennials, trees, and bushes establish.

[3:49:33] The current landscaping plan in front of you includes no grass areas and has been

[3:49:37] thoughtfully designed by Kristen Titus, park supervisor, to be as maintenance

[3:49:42] friendly as possible while still remaining welcoming and beautiful.

[3:49:46] As stewards of the city of Marshalltown's recreational spaces and

[3:49:49] opportunities and fiscal resources, we believe that this space will have a

[3:49:53] large impact addressing council's strategic goals and comprehensive plan

[3:49:57] priorities with minimal financial and time investment. Staff is recommending

[3:50:01] council's approval of the amended agreement. I have pulled up the

[3:50:05] renderings for your review your review, excuse me, and Kristen is here to answer

[3:50:10] any landscaping questions. With that, we will be happy to answer any questions

[3:50:13] that you may have. Anyone have any questions?

[3:50:17] » Yeah, quick question. So, what is the turf? I mean, that looks to me by the

[3:50:22] rendering that we have, you have grass to mow and things to mow around.

[3:50:26] » Yes. So, this is the um proposal that the artist gave. So, this is what the

[3:50:32] the creative placemaking committee used to determine that we wanted to move

[3:50:35] forward with this concept for the art. Um in front of you uh that I handed out

[3:50:40] to you prior to the meeting is the landscaping plan. I will draw bring that

[3:50:44] up. Now,

[3:50:49] this is the landscaping plan that Kristen developed here.

[3:50:54] Um, this will be a concrete path. I don't know if you can see my cursor.

[3:50:58] Okay. And then pebble surrounding. Some things might need to change. We may need

[3:51:03] to go with mulch instead of pebble or what have you. Um, we're hoping to do

[3:51:07] turf, artificial turf in the back so that there will be noing no mowing on

[3:51:11] this lot. Um, and Kristen can definitely explain

[3:51:16] more about the landscaping if you have further questions, but we're looking at

[3:51:19] raised seating um, walls right here and some tall colum columner trees in

[3:51:26] the back. Further questions on the landscaping

[3:51:32] plan? >> Your honor, if I may.

[3:51:35] » Yeah. >> Well, this sounds great. If there's no

[3:51:38] cost, would you say $50 a year? $50 a year in spring costs in minimal time.

[3:51:44] » I think then that I think the Arts and Cultural Alliance should be able to buy

[3:51:49] this lot for a dollar from us and take it over then if it's that little of uh

[3:51:54] impact for them. >> One thing I will add, um [clears throat]

[3:52:01] for the installation time, we're estimating 160 hours for the hardscapes

[3:52:05] and 48 hours for the plantings. And then an annual maintenance for the first one

[3:52:09] and a half years. 54 hours to water. That's annual. And then two hours to cut

[3:52:14] back the perennials at the end of the year. And I'll let uh Amber address that

[3:52:18] if she'd like. >> So

[3:52:20] » I think it's pretty straightforward. >> All that for $50 a year.

[3:52:24] » So um Amber can speak to the budget if she would like, but it is all going to

[3:52:29] be paid for through um ACA. some city dollars that were already allocated in

[3:52:34] the existing agreement and then grant funding as well.

[3:52:39] Cost for labor of course in the hours that I explained.

[3:52:44] » Okay. Any other questions? >> I do have one. The hours that you

[3:52:49] mentioned are those um employee hours? >> Yes. Okay. So that is not included in

[3:52:55] the $50 a month. >> Correct.

[3:52:58] » Correct. So it is substantially more than that in a year.

[3:53:02] » So yes, in in our general fund line items, it'd be $50, but there is

[3:53:08] personnel cost for any any labor that we would have. Again, the installation

[3:53:13] upfront is going to be some substantial hours there about one and a half to two

[3:53:18] weeks of time um for about four employees to do the work.

[3:53:24] » Okay. And then annual maintenance, 54 hours to water for the first one and a

[3:53:28] half years once those plants establish. Similar to the welcome signs, we don't

[3:53:33] go out there and water those anymore because the plants are established.

[3:53:37] » And I must say, your planters out in front of here are beautiful.

[3:53:40] » Our staff does amazing work. Absolutely. Thank you.

[3:53:44] Yes.

[3:53:49] Uh, you know, Gary. Oh, excuse me. Amber Danielson. I I should should I say good

[3:53:54] night or good evening? I'm not sure. Um 126 West Main Street with the Arts and

[3:53:58] Culture Alliance. >> Gary, you previously asked, "Are we

[3:54:01] prohibited to purchase land?" I said no. The question I think really is, are we

[3:54:07] positioned to maintain this facility or this asset? The answer is also no. Uh

[3:54:14] the ACA is a partner to the city and our role is to bring the community's ideas

[3:54:19] through life through the arts and culture master plan. That is our

[3:54:22] contract with the city. Bringing artists to the table, engaging the community,

[3:54:27] identifying resources, fundraising, managing the project, and turn those

[3:54:31] plans into action alongside the community. And that's exactly what we've

[3:54:36] done with this space. Uh, but we are not a parks and wreck organization. This is

[3:54:40] a pocket park and we are not equipped to own and maintain this. Um, this pocket

[3:54:47] park is, and I talked a little bit about this last time when I was here, this

[3:54:50] pocket park has been in the plans for quite some time. It has been stagnant.

[3:54:55] Uh, essentially what we did was bring the community together to tell us that

[3:55:01] this is what the community wants. And so in alignment with the downtown master

[3:55:04] plan, with the comprehensive plan that we might get to before midnight, uh it

[3:55:09] is in these plans that the city has laid out to do these pocket plan or as pocket

[3:55:14] parks. And our contract is to do that alongside of you, not to take the um

[3:55:20] role of parks and wreck, but to be a partner with the city and Kelsey and her

[3:55:24] team. >> Amber, how much was the grant that you

[3:55:28] do you remember? >> I do. Um, so actually I had an

[3:55:33] opportunity to meet with the um leader of AARP Iowa last week. They are using

[3:55:40] our project, the pocket park project as a guinea pig for how they can do a

[3:55:46] better job of engaging their AARP members in the communities with the

[3:55:50] projects they are funding. They're very excited about this. So they've already

[3:55:54] taken what was a $30,000 project and of given 15,000. we actively have another

[3:56:01] 20,000 on the table pending turning it permanent um along with other grants

[3:56:06] that we're already starting to pursue. There's a lot of opportunity to take

[3:56:09] even more of what the community has offered to us and implement it into this

[3:56:14] design. So, what you're seeing is really kind of what I would call, and I'm

[3:56:17] pointing to this screen, but what I am pointing to is the renderings that you

[3:56:21] got in the packet, what I would call phase one. There are going to be

[3:56:24] multiple phases to this project pending it being permanent because we're taking

[3:56:28] all the feedback from the community and parks and wreck and implementing that as

[3:56:33] we get more funding uh to implement this and funding

[3:56:38] for this similar I will say to the Lin Creek District projects has been

[3:56:42] relatively easy because when we build projects alongside the community uh and

[3:56:47] do it in a unique way people want to invest in that. So, I anticipate these

[3:56:52] projects um getting more fundraising and uh more funds in place so that we can do

[3:56:57] more than what you see before you. >> Okay. Um just to point out it uh the

[3:57:02] resolution does say a permanent art installation.

[3:57:07] » Correct. >> So, what we will be voting on is a

[3:57:09] permanent art installation. >> Well, it's the agreement

[3:57:18] for permanent Yeah.

[3:57:22] » Yeah. >> Okay. Just so everybody knows. Okay.

[3:57:26] Does anyone else have any questions? Anything from the public?

[3:57:33] » I l peri 20 East State Street. I just had

[3:57:37] a quick question after reviewing the contract. Uh the agreement says the ACA

[3:57:41] will complete the project as funds allow. Can staff clarify what that

[3:57:45] means? And if the fundraising falls short, does the city become responsible

[3:57:48] for finishing the project?

[3:57:53] » The city will not be obligated to bridge the gap in any funding. Um, so the the

[3:58:00] design may change to accommodate the the funds that we would have in place.

[3:58:06] » Anything from anyone else? >> Roll call, please.

[3:58:13] » Yep. Gomez. >> Yes. Cahill.

[3:58:15] » Yes. Conka, >> yes. Mitchell,

[3:58:18] » yes. >> Nichols,

[3:58:19] » yes. >> Schneider,

[3:58:20] » yes. >> Thompson,

[3:58:22] » yes. >> Okay,

[3:58:24] moving on to resolution number two. [snorts]

[3:58:28] » Resolution approving a chapter 28E agreement with the Marshtown Community

[3:58:32] School District for shot and discus facilities at West End Park.

[3:58:36] » Move to approve. >> Second.

[3:58:38] » Okay, I have a motion and a second. Kelsey Stafford, park and recreation

[3:58:43] director. Presented for council's consideration is a 28e agreement between

[3:58:48] the city and the Marshalltown Community School District for shared use of a

[3:58:51] section of green space between the Weston Park ball diamond and Brady

[3:58:55] Creek. The purpose of the agreement is to allow for the reconfiguration of this

[3:58:59] space for discus and shotput activities between March 1 and May 31 each year.

[3:59:04] The usage of this area will include the installation of necessary pads and back

[3:59:08] stop fencing as well as the removal of the outfield ball diamond fence to the

[3:59:12] ballfield dugouts. Maintenance during the track season time frame will be

[3:59:16] completed by MCSD while the city will continue to maintain the area for the

[3:59:20] remainder of the year. The parks and recreation department values its ongoing

[3:59:24] partnership with MCSD and is recommending approval of this 28e

[3:59:27] agreement. With that, I will be happy to answer any questions that you may have

[3:59:31] and I see Dr. Shy is here as well if you have questions specific to him. Thank

[3:59:36] you. >> Does anyone have any questions?

[3:59:40] » John, if I may. >> Yes.

[3:59:41] » Why does the fence have to be removed from the softball diamond?

[3:59:45] » The fence needs to be removed from the softball diamond because of the distance

[3:59:49] required for the shot hood and discus activities

[3:59:53] for the throwing.

[3:59:58] I believe there was a diagram in the packet too. I might be able to

[4:00:03] » um >> pull that up.

[4:00:04] » That fence isn't in terribly good shape, is it?

[4:00:07] » It is not. And we we do not anticipate that it will impact the use of any

[4:00:13] softball or baseball activity that would be happening there as of now.

[4:00:19] [clears throat] >> Okay. Then, do you have something?

[4:00:31] there in Shy 507 Craig Circle School District Superintendent. Um I thought

[4:00:36] Kelsey did a great job describing the answer to Gary's question is um we

[4:00:41] wouldn't want the existing fencing to inhibit um the throws whether it be shot

[4:00:47] put or discus. Um, I had shared with Kelsey that based on the limited use but

[4:00:54] continued use of softball recreation there if we found that there was an

[4:01:00] issue with balls going um towards or into the creek that we'd be happy to put

[4:01:06] a temporary snow fence up uh for the outfield fences. The uh left field fence

[4:01:12] is already removed and has been removed for some time. Opening up the space to

[4:01:18] the park. Uh we're just looking at doing the same with the right field fence and

[4:01:24] outfield fence. >> Thank you. Anything else?

[4:01:31] » Let's have roll call. >> Yeah. Gomez.

[4:01:35] » Yes. >> Kill.

[4:01:38] » Yes. Seca, >> yes.

[4:01:41] » Mitchell, >> yes.

[4:01:42] » Nicholls, >> yes.

[4:01:43] » Schneider, >> yes.

[4:01:44] » Thompson, >> yes.

[4:01:47] » Okay. To the last item, number three. I

[4:01:52] declare a public hearing open [clears throat]

[4:01:57] for uh item number three at 9:02 p.m.

[4:02:11] And this is for the open hearing public hearing on the resolution on adoption of

[4:02:15] the Marshalltown 2045 comprehensive plan. Um,

[4:02:22] do we have any? Yeah, go ahead. Getting late.

[4:02:28] » Good evening, Clayton Ender, assistant director of housing, community

[4:02:30] development. Uh, this is your public hearing on adoption of our newest

[4:02:36] comprehensive plan. Uh, I do want to acknowledge a couple people in the room

[4:02:40] uh that have helped us along the way. We do have representative of our consultant

[4:02:43] team, RDG, here. Um then uh certain several members of our steering

[4:02:48] committee uh which I'll acknowledge and then city staff as well and all of you.

[4:02:52] So thank every thank you everyone. It's been a long process. Um but we've been

[4:02:57] working on this comprehensive plan since about summer 2025. Uh this is an update

[4:03:02] to our current plan that dated back to the early 2010s. Um and so now this plan

[4:03:07] accounts for some major events that have happened in town since our last plan.

[4:03:11] We've had a tornado, a trade show, uh pandemic, changing uh the economy has

[4:03:18] happened. So, a lot has transpired since our last plan. So, this brings us back

[4:03:22] into perspective for our next 20 years. What will happen for 2045?

[4:03:28] Um so, throughout this process, uh we've had various means of public engagement.

[4:03:34] Uh we had our plan advisory committee I miss mentioned to you. Uh we hosted uh

[4:03:40] more than 10 stakeholder listening events around the community. Uh we went

[4:03:45] to our major employers and we held community roundt event, community open

[4:03:51] house, interactive public website. So really put the message out there as much

[4:03:55] as we can for the community to be involved and and we did get great

[4:03:59] involvement from our community. Um so I'm very pleased with that.

[4:04:03] Uh I'm not going to go through the plan in excruciating detail. We can go dive

[4:04:07] into it if needed. But just as a highle overview for you, uh the plan covers

[4:04:11] land use and design, mobility, housing and neighborhoods, parks, trails, and

[4:04:16] the environment, economic development, and sub areas, facilities, and

[4:04:21] infrastructure, and and uh rounds out with an implementation chapter on how we

[4:04:26] should go about uh achieving the goals we we have set for ourselves over the

[4:04:31] next 20 years. Uh this has been reviewed by our planning and zoning commission

[4:04:35] and uh they have recommended approval of the plan to you. Um I'll keep my

[4:04:41] comments short since we are late this evening but uh certainly can go into

[4:04:45] detail if needed. >> Does anyone have any questions?

[4:04:50] » Anything from the public?

[4:04:57] » Lane Perry 20 State Street. Um, I just wanted to be absolutely sure that

[4:05:02] because I know there's been people with concerns about the annexation part of

[4:05:05] this. um that I just want to clarify and make sure that that being in there, that

[4:05:12] area being labeled for reasonzoning and labeled for like future annexation, that

[4:05:18] doesn't count as anything towards a vested interest for the proposed

[4:05:24] or un not proposed, but the speculated data center build. I just want to make

[4:05:29] sure. >> No, not unless something's in writing

[4:05:32] and there's nothing in writing. the packets in writing. That's the only

[4:05:36] reason I was concerned. Okay. >> Uh and to add on to that, we did review

[4:05:40] all property within two miles of our city limits for future land uses. Um the

[4:05:45] vast majority of that and well the reason we did two miles, that's our extr

[4:05:48] territorial review authority by Iowa code. Um so that's why we did two miles.

[4:05:53] The vast majority of that is proposed to essentially just remain as is. Uh we're

[4:05:58] not going to touch it. uh where we did start to paint future land uses outside

[4:06:02] of our city limits, uh we took into consideration where were existing

[4:06:07] utilities and where was some of that development pressure occurring. Um just

[4:06:12] because we show something outside city limits as a future land use doesn't mean

[4:06:16] we have to annex it. We need to review those independently upon those requests.

[4:06:21] Um but this gives us a guide of where we think development could happen. Um we

[4:06:26] did a lot of land use uh calculations. How much land do we need for various

[4:06:31] uses? The vast majority of it can be accommodated within existing city

[4:06:36] limits. Uh but that does uh it matters whether or not does the existing

[4:06:41] property owner want to develop their property or not. Um we can't we're not

[4:06:46] compelling anyone to develop anything. That's still an owner driven

[4:06:49] opportunity. So, we really show more land than we actually need um to meet

[4:06:55] the various needs because to account for some of those uh economic forces that

[4:06:59] could come into play of I just would rather my property stay a farm field or

[4:07:03] I'm ready to go now. Um so, >> okay. Is there any other public comment?

[4:07:11] I >> had a question for Clan. Uh

[4:07:15] » wait, wait. Okay.

[4:07:23] I can just take a couple seconds. Charlie C with RDG plane design 31 Grand

[4:07:28] Avenue De Mo Iowa. Just wanted to say thank you. Uh it's been we work across

[4:07:33] the Midwest on these types of plans all over different states. And I would say a

[4:07:40] lot of times we don't have involvement all the way till the end. uh even with

[4:07:44] our committee and we have a lot of our committee members here through the wee

[4:07:48] hours uh tonight even. So uh thank you for everyone being very involved

[4:07:53] throughout the process as Clayton mentioned great uh community involvement

[4:07:57] at our events we held as well and uh I we had edits all the way up to the end

[4:08:02] with everyone reading it and providing really good good feedback. So um that's

[4:08:08] all I got. >> We were the best community, right?

[4:08:10] » Yeah. Yeah, >> you are. [laughter]

[4:08:12] Thank you. >> Okay. Any other question? Okay. I'm

[4:08:16] going to close the public hearing. Uh did we have any written comments?

[4:08:20] » No, your honor. >> Okay. I'm going to close the public

[4:08:23] hearing at 9:08 p.m. and I'll accept uh motion to approve.

[4:08:29] » I so move. >> Second.

[4:08:31] » Okay. I have a motion and a second. Any questions or comments by the council?

[4:08:35] » Yeah, I just had a quick question. So in that annexation um I know there's been

[4:08:39] concerns like with houses and residential homes that are more like a

[4:08:43] homes >> um will planning and zoning be

[4:08:47] considering zoning those appropriately or are they staying industrial if an

[4:08:51] annexation would happen? >> Uh so upon annexation all property is

[4:08:55] automatically zoned lowdensity residential um and then they would

[4:09:00] subsequently have to go through a reszoning process planning and zoning

[4:09:03] commission city council. So uh any zoning in addition to lowdensity

[4:09:10] residential would be subsequent uh approval. So does that hopefully that

[4:09:15] answers your question? >> Your honor, if I may.

[4:09:17] » Yeah. >> So Clayton, please tell Marco that what

[4:09:21] you're really saying is the people that want to stay there next to a data center

[4:09:24] on Shady Oaks Road, they will be legal non-conforming

[4:09:29] after you reszone it in heavy industrial. Correct.

[4:09:33] Uh well, it depends on if their specific property is reszoned or not.

[4:09:37] » But I mean, if it's an acreage, you would reszone that whole area, correct?

[4:09:42] » We don't have to. We can we can limit the reszoning to just development

[4:09:46] parcels themselves and leave other areas alone.

[4:09:49] » So, you'd spot zone. >> Well, it wouldn't be spot zoning because

[4:09:53] you >> it would be out the edge of those.

[4:09:54] » It'd be at the edge and it's, you know, allow it's following the comprehensive

[4:09:57] plan. Those properties could potentially reszone themselves in the future. They

[4:10:00] could petition themselves. They could see an opportunity and say, "I have a

[4:10:05] couple acres here in an industrial area. Maybe I'm ready to sell industrial." So,

[4:10:11] someone could come in after the fact and want to reszone those as well.

[4:10:15] Or we could as a city say, "Nope, we think it's in the best interest that we

[4:10:20] clean up all the zoning at this time and and make that decision." So,

[4:10:25] it it's hypothetical. I could take you down many different scenarios there. Um,

[4:10:31] but I'd be speculating. >> Okay, any other questions?

[4:10:40] » Roll call, please. >> Schneider,

[4:10:42] » yes. >> Thompson,

[4:10:43] » no. >> Yep. Gomez,

[4:10:47] » no. >> Cahill,

[4:10:49] » yes. Fea, >> yes. Mitchell

[4:10:55] » Nicholls. >> Yes.

[4:10:59] » Yes. >> Okay.

[4:11:00] » 43. >> Okay.

[4:11:04] » With that, that is the end of the meeting and thank you for everybody for

[4:11:07] sticking by and everybody being well behaved. Meeting adjourned at 911.

[4:11:20] » You are on. He was good.

[4:11:24] » He didn't go over. That was impressive. That was impressive.

City Council Meeting

Agenda

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