AVA, Mo. — The Ava Board of Aldermen continued discussion Tuesday, June 23, on a proposed temporary one year moratorium on data centers, high density computing facilities, cryptocurrency mining facilities, artificial intelligence computing facilities, server farms and similar uses within the city limits.
The issue was first brought before the board at its previous meeting on Tuesday, June 9, when aldermen passed the first reading of Ordinance No. 1173. However, the second reading was suspended at that time to allow public input before and during the board’s next regular meeting.
That public discussion took place Tuesday, June 23, when residents addressed the board with questions and concerns about the proposed moratorium, its wording and how it would apply within the City of Ava.
The proposed ordinance centers on a moratorium, which is a temporary pause. In this case, the moratorium would not permanently ban data centers or similar facilities. Instead, it would give the city one year to stop new applications or approvals for those uses while officials study the issue and consider possible local regulations.
The proposed ordinance would temporarily stop the city from accepting, processing, approving or issuing applications, permits, licenses or other city approvals for those types of facilities. The pause would apply for one year while city officials study possible regulations related to land use, utilities, fire protection, building standards, noise, setbacks and other public health and safety concerns.
The ordinance does not permanently ban data centers or similar facilities. Instead, it is described as a temporary postponement intended to preserve the status quo while the city reviews whether changes are needed to city code, zoning regulations, building regulations, utility policies, fire protection standards or other local requirements.
During discussion, Mayor Kirk Pueppke emphasized that the proposed moratorium would apply only within the City of Ava and would not control decisions made by Douglas County government. Several residents asked about countywide concerns, including water, utilities and property values, but city officials noted the board’s authority is limited to the municipality.
Alderwoman Jaclyn Stanifer-Nunn said the city has not received an application or proposal from anyone seeking to bring a data center or AI facility into Ava.
“We haven’t had anybody approach us to bring in a data center, to bring in anything at all,” Stanifer-Nunn said. “This is to say, we, as the City of Ava, our own self, are opposed to this.”
Pueppke said the city is trying to be proactive rather than waiting until an application is filed.
“No one has approached us,” Pueppke said. “We are just being proactive in this that says if somebody comes tomorrow or next week, that gives us time to do any research that we need to do.”
Several residents spoke in favor of caution, citing concerns about water demand, electrical demand, cooling systems, fire protection, wastewater, noise and possible impacts on surrounding land uses. Those concerns are also listed in the proposed ordinance, which states that data centers and similar uses may create substantial impacts involving electrical demand, water demand, wastewater, stormwater, cooling equipment, noise, emergency response, fire protection, backup power generation, traffic, utility capacity and compatibility with surrounding land uses.
Douglas County Prosecuting Attorney Matthew Weatherman, who said he was speaking as a resident and not in his official capacity, raised concerns about the wording of the ordinance.
Weatherman said the definition of a data center could be read broadly enough to include ordinary governmental digital storage, including digital evidence storage required for criminal cases.
“The state of Missouri has just required prosecutors in general, governmental units as a whole, to rapidly increase the availability of digital storage for post trial and post conviction evidence storage,” Weatherman said.
Weatherman said his office is required to keep certain digital evidence indefinitely, including evidence in serious criminal cases. He said that storage must remain accessible and transmissible, which raised his concern that a room used for that purpose could unintentionally fall within the ordinance’s definition of a data center.
“Under this, this may very well be this,” Weatherman said. “Long term data storage of post conviction evidence would seem to be illegal within the city limits of Ava. And I’m not allowed to not store that.”
Weatherman said he was not opposed to the intent of the ordinance, but urged the city to tighten the language so local governmental offices, law enforcement, schools, medical providers and other ordinary users of digital records would not be unintentionally affected.
“None of us want a data center. I don’t think,” Weatherman said. “But my concern is as it’s currently stated.”
The proposed ordinance includes exceptions for ordinary computers, servers, network equipment, telecommunications equipment or data storage equipment that are accessory and incidental to lawful uses such as office, retail, governmental, medical, educational, financial or residential purposes, as long as the main use is not a data center or similar facility.
Even so, aldermen and city officials discussed having the language reviewed further before final action.
Pueppke told those in attendance he believed the council supported the concept of a moratorium, but said the city wanted to make sure the wording was right.
“I want you to feel confident that I believe this entire council is going to vote for moratorium, for the city,” Pueppke said.
The board agreed to table the matter for additional review.
When asked why the moratorium would last one year instead of being a permanent ban, Pueppke said technology changes quickly and the city needs time to educate itself before deciding what long term regulations may be appropriate.
“Right now, we don’t know enough to say it’s okay,” Pueppke said. “We’re getting a lot of good information. We got a lot of misinformation. We need to get educated.”
One resident said a one year pause seemed measured and reasonable, while a permanent decision without further study could be premature. The resident said new technology is not all good or all bad, and that the city should take time to learn before making a long term decision.
When asked how city officials planned to educate themselves on the issue, Pueppke pointed to an upcoming informational dinner at Cold Creek Cowboy Church, where state officials and speakers are expected to discuss several issues, including data centers and alpha gal.
The Lincoln Day Dinner is scheduled for Friday, July 17, at Cold Creek Cowboy Church. Doors will open at 5 p.m., with dinner at 6 p.m. Tickets are $15 for adults, $12 for students and $20 at the door. Tickets are available at the Ava Chamber of Commerce or by calling 417 543 4662.
The dinner is expected to include Rep. Costlow speaking on data centers, Rep. Overcast on alpha gal, Rep. Schmidt on Amendment 3, Sen. Hudson on Amendment 4 and Mason Anderson on Amendment 5. The event is sponsored by the Douglas County Missouri Republican Club.
