06-03-26 Commission Meeting

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[0:02] I will call to order the Ottawa City
[0:04] Commission meeting for Wednesday, June
[0:06] 3rd, 2026. May I have roll call, please?
[0:08] >> Mayor Clayton.
[0:09] >> Present.
[0:10] >> Mayor pro tem Crawley.
[0:11] >> Present.
[0:12] >> Commissioner Allen.
[0:13] >> Present.
[0:14] >> Commissioner Skidmore.
[0:15] >> Present.
[0:16] >> And Commissioner Van Laeden.
[0:17] >> Present.
[0:18] >> We are all present and accounted for.
[0:20] Um, want to welcome everyone here in the
[0:22] audience and out in the hallway, as well
[0:24] as those watching online. We'll do the
[0:26] Pledge of Allegiance, followed by the
[0:27] invocation by Commissioner Skidmore.
[0:33] » I pledge allegiance to the flag of the
[0:35] United States of America,
[0:37] and to the republic for which it stands,
[0:40] one nation, under God,
[0:42] indivisible, with liberty and justice
[0:45] for all.
[0:46] >> Let's pray.
[0:48] Father in heaven, we give you thanks for
[0:49] this gathering. We thank you for this
[0:51] beautiful city hall you've given to us.
[0:53] And Lord, for this beautiful city, as
[0:54] well. We think of all the city employees
[0:57] and the staff. We're just thankful from
[0:59] top to bottom for every single one of
[1:01] them, and just ask for you to bless them
[1:03] and their families each and every day.
[1:05] And Lord, as we look over the agenda
[1:06] today and the and items on this, we just
[1:08] ask for your direction and guidance as
[1:10] we make these decisions to bring honor
[1:12] and glory to you. All these things we
[1:14] pray in Christ's name. Amen.
[1:16] >> Amen.
[1:20] » Thank you, Commissioner Skidmore.
[1:22] That'll take us to item six, public
[1:24] comments.
[1:25] >> We have 12 registered.
[1:32] Perfect. Our first one is Susan Hughes.
[1:37] » Welcome, Susan. Please state your name
[1:39] and where you live. Thank you.
[1:40] >> Uh, I'm Susan Hughes. I live at 1201
[1:42] South Ash.
[1:44] Good evening, Mayor and Commissioners.
[1:46] I know this is a very important, big
[1:49] decision, what to do about the state of
[1:51] center.
[1:52] Um,
[1:53] a wise man takes counsel from many wise
[1:56] people. A lot of these people that are
[1:58] opposing this data center
[2:00] are intelligent, well-informed,
[2:03] well-educated on this issue. So, it's
[2:05] wise to listen to them.
[2:07] One thing is really a problem is it
[2:08] seems like we're not being told what's
[2:10] going on. There's no transparency.
[2:13] I know the city spent a lot of money on
[2:15] proximity park, and then nobody wanted
[2:17] it.
[2:18] So, some data center comes in and offers
[2:20] you some money and you grab it.
[2:23] At the time, I know they were told said
[2:25] it they were going to use solar panels
[2:27] to power it.
[2:28] And then the deal fell through, and now
[2:30] this group is going to use
[2:32] uh diesel engines.
[2:35] We're jumping full steam ahead into
[2:37] this, and they're going to create steam.
[2:38] They're going to use 5 million gallons
[2:41] of water a day to create steam.
[2:43] We don't have that kind of water.
[2:46] We We can't use that.
[2:48] We don't have regulations to zone this,
[2:51] to regulate the noise,
[2:53] the um
[2:55] the chemicals that are being released
[2:56] from this, how much water they're using.
[2:59] We really need to take some time, create
[3:01] a moratorium. Sedgwick County did
[3:03] because they need to rewrite their
[3:05] regulations. We do not have adequate
[3:07] regulations for a project of this size.
[3:13] JF
[3:14] RFK Jr. said it these data centers have
[3:18] a horrendous risk to human life.
[3:21] This is a serious matter. We need to
[3:23] really give it some serious thought. I
[3:25] don't know how far you're in the
[3:26] process. I don't care if you lose
[3:28] whatever money they gave you.
[3:30] I think we need to save our environment.
[3:32] We need to save our community. We need
[3:34] to preserve our water. We need to quit
[3:37] poisoning people downstream with it. And
[3:39] the noise and vibrations, there's just
[3:41] too many serious things. We just really
[3:43] need to slow down,
[3:45] take some time, do some study, go visit
[3:47] some of these people that already have
[3:48] them.
[3:50] Look at some of the regulations that
[3:52] some of other cities are writing up.
[3:54] What do we need to do to protect your
[3:56] people?
[3:58] Don't protect the company that's doing
[4:00] it. Don't protect the lobbyist. Protect
[4:02] us that voted you in.
[4:04] You are our voice. If this is a
[4:06] democracy, we could vote today and it
[4:07] would be down. But we're not a
[4:09] democracy.
[4:10] We're a constitutional republic.
[4:12] So, we have to have you be our voice and
[4:15] take our best interest at heart. Nobody
[4:18] else's, just ours. Thank you.
[4:25] » Rebecca Schmoe.
[4:36] » Thank you. Um, first and foremost, I
[4:38] want to say thank you to the commission
[4:40] and to uh Mayor Clayton.
[4:43] You guys are here because you love our
[4:46] community and I appreciate each and
[4:48] every one of you.
[4:50] I am also here because I am your
[4:52] constituents, um, living at 1526 South
[4:55] Cedar
[4:57] and I am opposed to the data center.
[5:01] That being said, the real reason I'm
[5:03] here is because these are our shared
[5:05] constituents
[5:07] and in order for me to share their voice
[5:10] and their values whenever I'm in Topeka
[5:12] and having these same conversations at
[5:15] the state level,
[5:16] I have to know what their voice is.
[5:19] So, thank you guys for taking the
[5:21] opportunity to listen to our
[5:23] constituents so that I can also share
[5:26] their values. Thank you.
[5:29] >> Thank you, Rebecca.
[5:32] » We have Rachel Rhodes.
[5:42] » My name is Rachel Rhodes. I live at 3267
[5:45] Kingman Road with my husband and seven
[5:46] children.
[5:47] Uh we are 2 mi away from Proximity Park
[5:50] and um
[5:51] I am not necessarily opposed to building
[5:54] an industrial park there. I actually
[5:55] kind of like the idea of my husband
[5:57] having a 2-minute commute versus a
[5:58] 45-minute commute, but um I have real
[6:01] concerns with using the area as a data center. Um one of the issues that I
[6:07] see is um I don't see it as a being a
[6:10] real source of jobs for Ottawans. Um
[6:13] I've heard 30 jobs and I don't know
[6:17] anybody
[6:18] that um
[6:20] has that type of job that's capable of
[6:21] running a data center or a natural gas
[6:24] energy plant. Um
[6:26] and I'm not here to complain because
[6:28] it's ugly and I don't want it in my
[6:29] neighborhood. Um I know a lot of people
[6:31] are opposed to these type of things
[6:32] because they just don't want to look at
[6:33] them and that is not the case for me.
[6:35] Sorry, I'm nervous. I don't talk to
[6:37] adults, I talk to children.
[6:39] Um
[6:40] Uh my main concern is the water usage um
[6:42] that I've heard that these data centers
[6:44] use. Um
[6:45] So, I took what our household uses and
[6:48] it is a large household
[6:49] um and divided that by what I hear data
[6:51] centers use and it comes up to something
[6:53] like 11,000 the usage equal to 11,000
[6:56] homes.
[6:57] And my question is where does
[7:00] where are we going to get that type of
[7:01] water? You guys have seen the Meramec
[7:03] every July how low it gets. Where
[7:04] where's that water going to come from
[7:06] and how is it going to be disposed of?
[7:07] What what type of um
[7:10] erosion is that going to cause in in the
[7:12] riverbed? Um dumping that much back into
[7:15] the river daily. I'm assuming if it
[7:18] comes in daily, it's going out daily.
[7:20] Um and what type of contaminants is that
[7:21] going to um dump into the ecosystem
[7:25] downstream? Um So, these are questions
[7:27] that I feel like need to be answered
[7:29] before
[7:30] um we can
[7:31] um be happy with proceeding with this
[7:34] type or any type of um industry
[7:36] industrial um business that wants to
[7:38] come to Proximity Park. Thank you.
[7:41] >> Thank you, Rachel.
[7:45] » Roxanne Mettenberg
[7:53] » Hello, my name is Roxanne Mettenberg. I
[7:55] live in the county on Nevada Road, uh
[7:58] zip code 66078.
[8:01] And what I want to say to you is, um
[8:03] when I was 20 years old, I was given
[8:06] some advice from an employer.
[8:08] He said to me, "The only people who
[8:10] don't make mistakes are in the
[8:11] graveyard."
[8:13] The important thing is to own your
[8:14] mistake
[8:16] and correct it as quickly as possible.
[8:18] That advice has served me well for 60
[8:21] years.
[8:22] Late in 2024, I think most of us had
[8:25] little notion of economic and
[8:27] environmental environmental implications
[8:30] surrounding
[8:31] hyperscale data center construction and
[8:33] operation.
[8:35] That label data center at that time did
[8:37] not bring up visions of massive
[8:39] resource-sucking industrial enterprises.
[8:43] We also did not have federal or state
[8:47] legislation that incentivized this kind
[8:50] of build-out.
[8:53] So, it is not surprising that a proposal
[8:56] in late 2024 with promises of big
[8:59] revenues to a community would fail to
[9:01] raise false flags or or red flags.
[9:05] But now in 2026, the reality on the
[9:07] ground is quite different
[9:09] than any of us may have perceived in
[9:11] 2024.
[9:13] The resource utilization around energy
[9:15] and water is staggering.
[9:17] Kansas is a state that is prone to
[9:19] drought, some lasting several years. I
[9:22] have lived through them.
[9:24] That is the case. Water has and is
[9:27] historic has historically and is
[9:30] one of our greatest
[9:32] most fragile resources.
[9:35] The energy demand is likewise
[9:37] overwhelming.
[9:38] Even if electricity is generated by the
[9:41] data center AKA behind the meter,
[9:44] hyperscale facilities will inevitably
[9:47] drive up electrical rates as they
[9:49] compete for natural gas that is subject
[9:52] to the laws of supply and demand on the
[9:54] commodity market.
[9:56] And itself, natural gas, is a finite
[9:59] resource.
[10:01] The economic benefits and employment
[10:03] benefits of data centers are also
[10:04] elusive.
[10:06] Fortunately, due to the extensions
[10:08] requested by Lightfield, you all have
[10:10] the opportunity to reevaluate this
[10:14] project more thoroughly from sources
[10:16] independent from these developers.
[10:19] I ask all of you to read this
[10:21] comprehensive analysis
[10:24] from University of Michigan Department
[10:26] of Science, Technology, and Public
[10:28] Policy.
[10:30] This report documents the true costs and
[10:32] limited benefits surrounding this
[10:34] nationwide gold rush to hyperscale
[10:38] data center activity.
[10:41] Both the state and Everett, Kansas, and
[10:43] this city are stumbling into every
[10:45] mistake
[10:47] itemized in this report.
[10:50] So, we ask you to pause
[10:53] this effort, engage the public, and put
[10:56] in place very specific zoning
[10:59] ordinances targeted to the negative
[11:01] aspects of data center development
[11:03] before you continue to pursue this
[11:05] endeavor. We also ask that you eliminate
[11:08] >> Sorry.
[11:09] >> the tax incentive financial incentive as
[11:14] per recommendations.
[11:16] >> Thank you, Roxanne.
[11:23] » Jim Wonderly.
[11:25] >> Thank you.
[11:33] » I didn't prepare a speech or anything,
[11:35] but uh
[11:36] in my previous life I was a mechanical
[11:37] engineer and I know these systems can be
[11:39] put together with a very minimal water
[11:42] consumption,
[11:43] relative minimal,
[11:45] but the demand will have to be on you
[11:47] all to make sure the specs are there to
[11:49] reduce water consumption.
[11:51] They can put in
[11:53] closed-loop systems on the cooling,
[11:54] which is probably what's going to
[11:55] consume most of the water,
[11:57] and if that's not a closed water tower
[12:00] system, the the demands are going to be
[12:02] high, and that the your developer that
[12:05] you're dealing with is not going to want
[12:06] to do that.
[12:08] Because it's a lot more expensive than
[12:10] the conventional cooling system for
[12:12] these computers.
[12:14] So, you guys are going to have to put
[12:16] the feet to the fire to make sure they
[12:18] do what's
[12:19] best for us.
[12:21] The other part of it is the noise, and
[12:23] the noise levels can be horrendous.
[12:27] And same thing, noise can be attenuated
[12:31] based on building construction, but they
[12:33] have to put the technology into that construction in
[12:38] order to keep the noise contained.
[12:40] Cuz within a mile, it's going to be
[12:43] unbearable.
[12:44] And 5 mi it's going to be heard,
[12:47] but it can be avoided.
[12:50] So, I ask you to again, as previous
[12:53] speakers have said, stop, pause, make
[12:56] sure you get a
[12:57] engineer on board before you even sign
[12:59] the agreement to see what means you can
[13:02] go to the extreme to save water and to
[13:05] avoid noise. That's all I have. Thank
[13:08] you.
[13:09] >> Thank you, Jim.
[13:13] » Jan Coons?
[13:21] Hello, commissioners. My name is Jan
[13:23] Coons. I live at 3442 Rock Creek Road in
[13:26] Ottawa.
[13:27] I respectfully ask that you place a
[13:29] pause on allowing Lightfield Energy or
[13:32] any data center project to move forward
[13:34] in our community until additional
[13:36] research, public input, and careful
[13:39] evaluation can take place.
[13:41] Please listen to the concerns of the
[13:43] many local residents who call Ottawa and
[13:46] Franklin County home.
[13:47] We are deeply concerned about the
[13:49] enormous energy demands, strain on
[13:52] infrastructure, environmental impacts,
[13:55] noise pollution, significant water
[13:57] consumption, and the gradual loss of the
[13:59] rural character that makes our community
[14:01] so special.
[14:03] Once a project of this scale is
[14:05] approved, the impacts can be permanent.
[14:08] We are simply asking you to pause, fully
[14:11] evaluate the risks, and protect the
[14:13] people, land, and resources that have
[14:16] sustained this community long before
[14:18] outside corporations arrived with
[14:20] promises of economic development.
[14:23] More than 700 Franklin County residents
[14:26] have signed a petition opposing data
[14:28] centers in our county in 1 week.
[14:31] Their voices deserve to be heard and
[14:33] carefully considered.
[14:35] We have confidence that you will do what
[14:37] is best for Ottawa and future
[14:39] generations by thoughtfully
[14:41] reconsidering this proposal before
[14:43] moving forward. Thank you for your time,
[14:46] your service, and your commitment to our
[14:48] community.
[14:49] >> Thank you, Jan.
[14:55] » Chris Maze.
[14:59] I live here in Ottawa.
[15:01] On Locust.
[15:03] And um in the past I've talked about
[15:05] much of what has been talked to already,
[15:07] but I kind of wanted to hit home a
[15:08] little harder this time and speak to the
[15:10] codes that you already have, like
[15:12] 14-101, which addresses stormwater
[15:15] pollution.
[15:16] Its purpose is preventing the discharge
[15:18] of contaminated stormwater runoff and
[15:20] illicit discharges within the city. It
[15:22] goes on to say that this also applies to
[15:23] pollution the water of the United
[15:25] States.
[15:26] It sets a precedent that both it and the
[15:28] city can be held accountable to. It goes
[15:30] on to say that this applies to the
[15:32] improper discharge
[15:35] of Sorry, I lost my place.
[15:37] Wastewater, petroleum products.
[15:40] Sorry.
[15:42] Uh petroleum products, cleaning
[15:44] products, hazardous waste.
[15:46] Um the code speaks to the termination of
[15:48] utility services even for this
[15:50] pollution.
[15:51] Um after notices of violation, fines,
[15:54] orders of abatement. It says city
[15:56] representatives can enter facilities, um
[15:58] and it's a lot It's unlawful to try to
[16:00] stop them.
[16:03] I ask at the very least that you make
[16:04] sure you apply those same standards that
[16:06] may apply to stormwater. I'm not sure if
[16:08] it directly applies to the data center
[16:10] or not, but a public statement saying
[16:13] that all of that will be
[16:15] applied to the data center as well would
[16:17] go a long way for me.
[16:20] Um
[16:21] but we also I mean you were also told
[16:24] about that University of Michigan
[16:25] report. Um and it says that tax breaks
[16:28] for data centers do not deliver the
[16:30] promised benefits such as high-paying
[16:32] jobs. They can reduce tax revenues. They
[16:35] shift burdens on the communities.
[16:38] Um it says their massive energy demands
[16:40] are prolonging the operation of fossil
[16:41] fuel plants and undermining green energy
[16:44] goals. It advises the mitigation of data
[16:47] centers environmental impacts with
[16:49] substantial or sustainability goals,
[16:51] laws like the German Energy Efficiency
[16:53] Act, requirements for green energy use,
[16:57] uh transparency through mandatory
[16:59] reporting.
[17:01] But I also ask you to just reconsider
[17:02] this project. I don't think it's fitting
[17:04] the values of this city. I think that
[17:07] would be much better applied proximity
[17:09] park to
[17:11] uh housing development,
[17:12] to small business development. Those are
[17:14] things that I think anybody in this
[17:15] community would applaud you for, love
[17:18] you for.
[17:19] Uh and this is a very controversial
[17:20] thing that's seeing a lot of opposition.
[17:22] The more people know about it, the more
[17:24] word gets out, the more opposition I'm
[17:25] seeing even. It's surprising me. I mean,
[17:27] this community's working together across
[17:29] party lines in ways that I never thought
[17:31] I'd see.
[17:33] So, it's been remarkable, it really has.
[17:36] So, and if you don't think that
[17:38] water pollution really applies to us,
[17:40] that's just not a real thing. I mean,
[17:41] there's reports by KDHE that will list
[17:44] pollutants that are already in the
[17:46] water. Now, I will grant you, not trying
[17:48] to lie to you here, that some of those
[17:50] can be naturally occurring, but they
[17:52] also cite potential industrial causes as
[17:54] well.
[17:55] So, it's not like it doesn't happen, it
[17:57] does happen, and it also doesn't get
[17:59] abated.
[18:00] It just continues.
[18:02] I mean, do we all want to go to going to
[18:04] the store to buy all our water and not
[18:06] drink out of the faucet? Cuz if this
[18:07] goes in, that's the first thing I'm
[18:09] going to do. I'm not going to trust the
[18:11] tap anymore.
[18:13] Thank you for your time. I think my
[18:14] time's up.
[18:15] >> Thank you, Chris.
[18:20] » Michael Lewis.
[18:30] » My name is Michael Lewis, Ottawa
[18:31] resident 433 South Poplar.
[18:34] Thank you, Mayor, Commissioners,
[18:36] everyone in attendance, those watching.
[18:38] Last meeting, you approved an ordinance
[18:40] pertaining to dog control.
[18:42] Section two of that ordinance read, "To
[18:44] protect protect and promote the public
[18:46] health, safety, and general welfare of
[18:48] the citizens of the city of Ottawa."
[18:52] Chronic bronchitis and emphysema,
[18:55] heart disease, heart attacks, strokes,
[18:58] asthma,
[18:59] neurological effects,
[19:01] cancer,
[19:02] premature birth, low birth rate.
[19:05] Those are just some of the increased
[19:07] health risks associated with a natural
[19:08] gas power plant.
[19:10] And yet, air pollution is only one part
[19:12] of the conversation.
[19:15] We are being asked, well, rather told,
[19:18] to accept the water demands of a massive
[19:20] data center,
[19:21] the health and environmental impacts
[19:23] that come with it, and the uncertainty
[19:25] of what these combined burdens will mean
[19:27] for our community in the years ahead.
[19:30] When the health of our families, the
[19:32] quality of our air,
[19:34] the security of our water are all on the
[19:35] line,
[19:37] caution is not obstruction, it's a
[19:38] responsibility.
[19:41] When is the last time you've seen this
[19:42] room filled week after week after week?
[19:47] Just look around. This is not politics,
[19:49] it is community.
[19:51] I urge this body simply to do what you
[19:53] are supposed to do in your role every
[19:54] day,
[19:55] highlighted by section two of our new
[19:56] dog ordinance,
[19:58] protect and promote the public health,
[20:00] safety, and general welfare
[20:02] of the citizens of the city of Ottawa.
[20:04] Thank you.
[20:06] >> Thank you, Michael.
[20:11] Rich Colson.
[20:15] » Good evening. Rich Colson, 1610
[20:17] Bluestem, Ottawa.
[20:18] Um at the beginning of this meeting, we
[20:20] all stood and we pledged allegiance to
[20:22] the Republic. A republic is defined as a
[20:24] form of government in which the power
[20:25] belongs to a body of citizens entitled
[20:27] to vote and is exercised by the leaders
[20:29] and representatives of those people. You
[20:31] are not
[20:32] representing these people.
[20:35] I think a recent Gallup poll
[20:38] indicated that 71% of US citizens oppose
[20:41] data centers.
[20:44] This community, I think, is a pretty
[20:46] good representation of the American
[20:48] public as a whole.
[20:49] So, I think you could probably
[20:50] extrapolate that around 70% of the
[20:53] Ottawa citizens would be against this.
[20:55] But, instead, this project was initiated
[20:59] and advanced in secret, behind closed
[21:01] doors, with no public input. That is a
[21:04] violation of the trust we have given you
[21:06] by voting for you, and a violation of
[21:08] your responsibility and duty of the
[21:11] office that you hold.
[21:13] Everyone has stood up here and has told
[21:14] you of the the water pollution, air
[21:17] pollution, all of the negative impacts
[21:19] that this has on the community. My point
[21:21] is that you have done wrong by the
[21:24] citizens of Ottawa by permit by by
[21:26] perpetuating this by bringing this up by
[21:28] even broaching the subject without some
[21:30] sort of a ballot or at least initial
[21:33] input from the citizens of Ottawa. You
[21:35] did none of that. You sat behind closed
[21:37] doors and you voted for this. That is
[21:40] not okay.
[21:41] And it will be remembered come voting
[21:43] time. Thank you.
[21:45] >> Thank you, Eric.
[21:49] » Sean Torres
[22:04] » All right.
[22:05] Hello. My name is Sean Xavier Torres. I
[22:08] can go, right?
[22:09] >> Good. Okay.
[22:09] >> Name Sean Xavier Torres. I've been a
[22:11] resident of Ottawa since 6th grade. I've
[22:13] been working at KOFAB since I was 15
[22:15] years old and I own my own house in
[22:16] town.
[22:18] Um I haven't been able to hear too much
[22:19] of everyone what everyone's been saying,
[22:21] so I'm not sure if anybody's talked
[22:22] about actually drafting an ordinance to
[22:24] uh redo the regulations on what a data
[22:26] center is and actually defining what a
[22:28] data center is.
[22:29] >> Chris, can you pull the mic down? Uh
[22:31] sorry, Sean.
[22:32] >> Yeah, no, you're fine. Is that better?
[22:33] >> That's Thank you.
[22:34] >> All right.
[22:35] >> Good deal. Uh so, I had a whole draft
[22:36] ordinance that I sent all the uh city
[22:38] commissioners via email a few days ago
[22:41] um to look at and look over and see if
[22:42] you guys can't make that work and turn
[22:44] it into an ordinance.
[22:45] But uh I did have it here to submit to
[22:48] you all if you wanted to see the
[22:49] paperwork uh for yourselves. Actually,
[22:51] I'd like to submit it for uh public
[22:53] record. I think it is, right? Good deal.
[22:55] Uh anyway, uh it's a whole four-section
[22:58] deal here talking about amending the
[22:59] local zoning regulations to define,
[23:01] categorize, and regulate data centers
[23:03] based on the infrastructure demand and
[23:05] operational scale.
[23:07] I could go through all of this, but I'm
[23:09] not. I'm just going to go talk about the
[23:10] definitions that it talks about here
[23:12] because I think that's really key in
[23:13] regulating data centers.
[23:15] Uh first of which is enterprise data
[23:17] centers. These are localized facilities
[23:19] designed, constructed, and operated
[23:20] primarily for the internal data
[23:22] processing and storage needs of a single
[23:24] primary organization.
[23:26] So, like if Microsoft were to move to
[23:27] town and build their own data center.
[23:29] Uh the next one's colocation, and this
[23:31] is a a facility designed to provide
[23:34] services to other smaller enterprises.
[23:37] And then we have the ones that we're
[23:38] talking about now, which are hyperscale
[23:40] or AI, which uh you can read through
[23:43] this and figure out all the uh specifics
[23:44] here, but it says things like a total
[23:46] cumulative electrical power demand
[23:47] exceeding 50 MW, continuous power
[23:50] consumption design rates exceeding
[23:51] 50,000 gallons per day, which I know has
[23:53] recently been resolved. Uh the inclusion
[23:56] of onsite dedicated electrical
[23:58] substations or high voltage transmission
[24:00] line upgrades, and aggregated backup
[24:03] generation capacity utilizing more than
[24:05] 20 industrial diesel generators, and a
[24:08] whole list of other things that talks
[24:10] about here as to defining the
[24:12] regulations and all the stuff here. I
[24:14] don't really want to go through it all
[24:15] in a public meeting setting, but like I
[24:17] said, I will submit it to you all for
[24:19] public record.
[24:20] That's all I had today.
[24:21] >> Thank you, Sean.
[24:22] >> Thank you.
[24:27] so much.
[24:30] Okay, Scott Yergens.
[24:43] » You You guys are pretty patient.
[24:47] I'm Scott Yergens, 3332
[24:50] Rock Creek Road.
[24:53] My dad was a mayor. I think I told Zach
[24:57] this
[24:59] twice
[25:01] on the city council then mayor two term.
[25:04] Mexico, Missouri, a town about
[25:08] 3/4 the size of this town.
[25:12] When I was about 12, I asked my dad why
[25:16] people voted for him.
[25:19] And I did been 13 and he said,
[25:23] "I thought it was the black people." But
[25:26] my dad, I'm pretty old, so he might have
[25:29] said colored people. I don't remember.
[25:33] And I asked him why and he said,
[25:37] "I'll show you after dinner." So he came
[25:40] home from his store. He owned a store in
[25:42] Mexico.
[25:44] And um
[25:47] he said, "Let after dinner." He said,
[25:49] "Let's get in the car and
[25:52] uh
[25:53] so he drove us to where it was a
[25:56] segregated
[25:58] community.
[26:00] And he said, "After when we got there,
[26:03] my brother said, 'Roll down your window
[26:05] and tell me what you see and smell.'"
[26:08] So it was kind of shacks with lights
[26:13] penetrating through these vertical
[26:16] slats.
[26:17] And I asked my dad like, "What is that?"
[26:20] And he said, "These people have
[26:22] newspapers for insulation."
[26:25] And he said, "What do you smell?" And I
[26:27] said said,
[26:29] "You're right." And he daddy said,
[26:33] "You mean piss?" And I said, "Yeah,
[26:35] that's what I smell."
[26:37] And I asked him why and he said,
[26:39] "There's no These people have
[26:41] outhouses."
[26:43] And they um
[26:45] there's one guy
[26:47] um Mr. Morris who owns most of this
[26:51] these black houses.
[26:54] And he said
[26:56] these houses are grandfathered in
[27:01] to the zoning code and it's a
[27:04] I can't remember what my father said, a
[27:07] competition between law
[27:09] and what's right.
[27:11] And um
[27:15] So, and he said this is what results.
[27:18] So,
[27:19] it's an analogy. Proximity Park,
[27:23] I think it should be zoned before this
[27:27] Lightview comes here or any similar
[27:29] entity.
[27:31] The zoning
[27:32] helps us prevent
[27:36] what my dad showed me in Mexico,
[27:40] Missouri when I was 12 or 13.
[27:43] It's a city that smells like piss.
[27:47] So, I appreciate your time. Thank you
[27:49] very much.
[27:50] >> Thank you.
[27:54] » Brooke Sheets
[27:59] I'm actually not Brooke Sheets. I'm
[28:00] reading on her behalf, but before you
[28:02] start the timer, I just want to make
[28:03] sure the commissioners are aware that
[28:05] the live stream is not working. I hope
[28:07] that means we are recording, but just
[28:08] not streaming.
[28:10] >> Cuz we have some frustrated people who
[28:12] thought they were going to be able to
[28:13] watch it, but cannot watch it. So,
[28:15] Okay, so I'm reading on behalf of um
[28:19] Brooke Sheets. Um let me find my notes
[28:22] for her. She lives at 1409 South Elm.
[28:25] She's unable to be here tonight due to a
[28:27] family emergency.
[28:29] We all share the same air, the same
[28:30] water source, and the same soil.
[28:33] When hearing that a power plant would be
[28:34] built directly outside our city to
[28:36] accommodate a data center near homes
[28:38] with farmland, I was concerned that the
[28:40] zoning was not appropriate for this
[28:42] use case or that surrounding areas would
[28:44] be can affected by eminent domain.
[28:47] But now I have even more concern in the
[28:49] area of light pollution, air pollution,
[28:52] and general disruptions to our health.
[28:54] There are many third-party studies
[28:55] pertaining to the impacts of data
[28:57] centers.
[28:58] Maybe you've heard of Data Center Alley
[29:00] in Virginia.
[29:01] It's been studied extensive extensively,
[29:03] and these studies have shown many amp
[29:05] impacts to the people of Virginia per a
[29:07] subject matter expert
[29:09] on the Virginia Data Center Belt.
[29:12] Additionally, many groups have been
[29:13] working to inform the public of the
[29:14] risks associated with low-frequency
[29:17] noise or LFN.
[29:19] exposure has been associated with
[29:22] negative physical and mental health
[29:23] effects to children,
[29:25] the elderly, and those who live within a
[29:26] 2.5-mile radius of constant long-term
[29:29] exposure.
[29:31] Anthropogenic noise, and if you don't
[29:33] know what that multisyllabic word means,
[29:35] it refers to unwanted excessive sound
[29:37] generated by human activities such as
[29:39] transportation, industrial processes,
[29:42] and construction that negatively affect
[29:44] human health and the environment.
[29:47] This type of noise is distinct from
[29:48] natural sounds, and it can disrupt
[29:51] ecosystems and wildlife behaviors.
[29:54] This noise from data centers can be
[29:55] heard and or felt by humans and animals
[29:57] from distances radiating for many more
[29:59] miles.
[30:00] The human autonomic nervous system is
[30:02] subject to cardiovascular disease, high
[30:05] blood pressure, sleep disorders,
[30:07] migraines, anxiety, and depression.
[30:10] I'm sure all of us have experienced this
[30:12] when we are under stress. Our body goes
[30:14] haywire.
[30:16] Is this what we want for our children
[30:17] and our grandchildren's brain
[30:18] development while they're at school, or
[30:20] playing at a park, or participating in
[30:22] after-school activities?
[30:24] John Lever, a retired NASA analyst,
[30:27] actually tracked the noise from a data
[30:29] center in his own neighborhood as an
[30:31] advocate for the public interest for the
[30:33] Prince William Data Center Ordinance
[30:34] Advisory Group, and he was himself a
[30:37] member of the Prince William
[30:39] Planning Commission.
[30:41] He said, quote, "I'm finding that the
[30:42] noise is far worse than anybody ever
[30:44] figured it was going to be, end quote.
[30:47] Is this possibility really what we want
[30:49] in our community?
[30:50] Thank you, and I urge you to take time
[30:52] to reflect on the situation that we all
[30:53] find ourselves in. And as others have
[30:56] said, please pause.
[30:58] When we know better, we do better. Thank
[31:00] you.
[31:01] >> Thank you, Corrine Linda.
[31:09] Thank you all.
[31:10] Uh we'll skip item seven, appointments,
[31:13] proclamations, recognitions, and
[31:14] nominations, as there are none.
[31:16] That'll take us to item eight, consent
[31:18] agenda, which which consists of minutes
[31:20] from the May 20th, 2026 regular meeting,
[31:23] minutes from the May 27th study session,
[31:25] and agenda approval.
[31:27] >> Motion to approve.
[31:28] >> A motion, is there a second?
[31:29] >> I'll second.
[31:30] >> Motion and second, all in favor say I.
[31:32] >> I.
[31:32] >> All opposed?
[31:34] Motion passes.
[31:36] Item nine, declaration. At this time,
[31:38] I'd like to give the commissioners a
[31:39] chance to declare any conflict or
[31:40] communication they might have they have
[31:43] had that might influence their ability
[31:45] to consider issues impartially.
[31:48] Hearing none,
[31:50] we'll skip item 10, unfinished business,
[31:52] as there is none. Item 11A, conditional
[31:55] use permit, 628 South Willow Street.
[31:58] The planning commission recommends
[32:00] approval of the conditional use permit
[32:02] for 628 South Willow Street with the
[32:04] condition that the sidewalk along South
[32:06] Willow be completed in accordance with
[32:08] city standards. And we have city planner
[32:10] Welms.
[32:11] Welcome.
[32:12] >> Good evening, commission.
[32:14] All right, so this conditional use is
[32:15] for 628 South Willow Street.
[32:20] And uh planning commission did recommend
[32:22] approval of the conditional use with a
[32:25] um condition.
[32:28] A little bit of background, this lot is
[32:29] a vacant 75 by 150 lot, which is about
[32:33] 11,250 square feet. It's currently
[32:35] vacant and zoned R1.
[32:38] Uh duplexes are allowed with approval of
[32:40] a conditional use permit
[32:42] uh provided that the lot area is greater
[32:44] than 9,000 sq ft um and the duplex
[32:48] will also require two parking spaces per
[32:51] unit.
[32:52] Uh here's a little bit of background.
[32:55] The overview shows um it's north of 7th
[32:59] Street, the second lot in off of Willow.
[33:04] Ooh.
[33:06] Here's currently what the street view
[33:08] looks like.
[33:11] Uh this is what the developer proposes
[33:14] uh the duplex to look like. Uh he said
[33:16] minus the
[33:18] uh stone facade.
[33:20] Um but a reminder that nothing is final
[33:23] until a building permit uh has been
[33:25] issued.
[33:27] The findings, staff found that the
[33:29] proposed conditional use is consistent
[33:31] with the intent and purpose of the zone
[33:33] in which it is located.
[33:34] That the proposed duplex is compatible
[33:36] to other land uses in the surrounding
[33:38] neighborhood.
[33:39] That the proposed duplex will not place
[33:41] an undue burden on the existing
[33:42] transportation, utility, and service
[33:44] facilities in the area.
[33:46] The proposed duplex is not necessary due
[33:48] to changed or changing conditions.
[33:51] The subject property has been vacant for
[33:53] over 5 years.
[33:54] The subject property is suitable for the
[33:56] proposed use.
[33:58] Staff ha- did recommend approval.
[34:01] The proposed duplex is in conformance
[34:03] with the future land use map and the
[34:04] comprehensive plan duplex will not
[34:07] adversely affect surrounding properties
[34:09] so long as all standards are met.
[34:13] And the planning commission recommended
[34:15] approval of the condition use permit
[34:18] with the condition that the sidewalk
[34:19] along South Willow is completed in
[34:21] accordance with the city standards.
[34:24] And with that
[34:25] I can answer any questions.
[34:28] >> Thank you. And first of all, it's nice
[34:30] to meet you. This is the first time
[34:32] you've come before us and presented.
[34:34] >> Yes. So is there is there anything
[34:35] before we start asking questions that
[34:36] you want to say about yourself?
[34:38] >> I grew up in Topeka, went to K State.
[34:42] My first job out of college was in
[34:45] Laramie, Wyoming.
[34:46] And now I'm here. And my last name is
[34:48] pronounced Wilmes.
[34:49] >> Oh, thank you. Wilmes.
[34:55] » Mr. Wilmes did the planning commission have a
[34:59] public hearing on this?
[35:01] >> They did.
[35:01] >> Was there any opposition?
[35:03] >> There was there was a public comment.
[35:06] And they commented on the parking.
[35:09] Um
[35:10] but I believe their comment was taken
[35:11] care of after finding out that we would
[35:14] require two parking spaces per unit.
[35:17] Um
[35:18] off-street.
[35:19] >> No other opposition?
[35:21] >> Thank you.
[35:22] >> Is there parking allowed on both sides
[35:24] of Willow? Is that correct?
[35:25] >> I believe so, yes.
[35:26] >> I just thought that was an issue or not
[35:28] there, too. Well, I live next door to a
[35:29] duplex and I see no problem with this
[35:31] and then the way the construction
[35:33] appears on what you're describing there
[35:35] showed me to it'd be certainly be an
[35:37] improvement even to the neighborhood, so
[35:38] I think it's a great deal we have before
[35:40] us.
[35:43] » Yeah, I drove by it today. It looked to
[35:45] me like there's plenty of room. I mean,
[35:46] it's a big enough lot and there's not
[35:48] Yeah, there's not a lot of cars on that
[35:50] street anyway.
[35:54] » I know they're concerned about kids
[35:56] walking to school, but I don't think
[35:57] that school would be used currently for
[36:00] full-time students. I believe that's not
[36:03] traditional grade school or any anymore.
[36:05] So I wasn't too concerned about kids
[36:06] walking by there, but I guess that's
[36:08] been mitigated with regard to the two
[36:10] parking places and so yeah.
[36:14] » I'll go ahead and make the motion we
[36:15] approve item 11A on our agenda.
[36:19] >> We have a motion. Is there a second?
[36:20] >> Second.
[36:22] >> Motion and second. Any other discussions
[36:24] or
[36:25] questions?
[36:27] May I have roll call, please?
[36:29] >> How do you vote, Commissioner Skidmore?
[36:30] >> Yes.
[36:31] >> Commissioner Van Leyden?
[36:32] >> Yes.
[36:33] >> Commissioner Allen?
[36:34] >> Yes.
[36:34] >> Mayor pro tem Crowley?
[36:36] >> Yes.
[36:37] >> And May- Mayor Clayton?
[36:39] >> I vote yes. Motion passes.
[36:41] Thank you.
[36:43] It was nice to meet you as well.
[36:46] » That'll take us to item 11B. Consider
[36:49] resolution setting a public hearing for
[36:51] the condemnation of structures located
[36:53] at 1641 South Main Street.
[36:56] Staff will present a resolution setting
[36:58] a public hearing to consider whether the
[37:00] commercial structures at 1641 South Main
[37:03] should be condemned and ordered repaired
[37:05] or demolished. And we'll have property
[37:07] improvement partner Hodges.
[37:11] » Greetings.
[37:13] I'm Keith Hodges. I work for the
[37:14] community development department and for
[37:15] you. Uh
[37:17] We have two items that are very similar
[37:19] on today's agenda. Both of them ask you
[37:22] to consider setting a hearing date to uh
[37:26] consider ordering a demolition or
[37:29] repairs on two separate properties.
[37:31] Uh this is the first. It's Knights Inn,
[37:33] which I'm sure you're all familiar with.
[37:36] At 17th and Main here in Ottawa, was
[37:38] destroyed in the tornado.
[37:40] Um
[37:42] Pretty significant damage.
[37:47] The The background on this is is pretty
[37:49] simple. Severely damaged by the storm.
[37:52] The property is at one of Ottawa's
[37:54] busiest intersections, highly accessible
[37:56] to the public, and highly visible.
[37:59] Multiple buildings lost their roofs, as
[38:01] you can see in the pictures.
[38:04] Remained open to the weather, and so
[38:05] they further deteriorate- deteriorated
[38:08] since the uh storm.
[38:13] Building materials have continued to
[38:14] blow outside of the fencing that we
[38:16] required them to put up to control for
[38:18] access and to control for
[38:21] um the damage spreading out into the
[38:23] public.
[38:25] Uh no repair or demolition permits have
[38:27] been pulled.
[38:28] More than 6 weeks have passed since the
[38:30] tornado.
[38:32] KDHE has required that an invest
[38:34] asbestos inspection
[38:36] be performed before any demolition
[38:37] begins.
[38:39] Now, the owner has been cooperative with
[38:41] us and is actually supportive of this
[38:43] process and hopes that it will help uh
[38:45] apply pressure to its insurance carrier
[38:47] to make a decision on the claim here. He
[38:50] wants to demolish these buildings
[38:53] uh and and uh and move on. But, uh the process has has not been as fast
[38:59] as he had hoped. Our city attorney, uh
[39:02] Mr. Finch, has contacted the carrier and
[39:06] uh
[39:07] sent a pretty uh compelling message
[39:10] notifying them of our lien rights and uh
[39:13] urging a prompt resolution to this.
[39:19] The financial considerations.
[39:22] Uh the owner is Mar Parvati LLC.
[39:26] The property was appraised at $814,000
[39:29] by the county.
[39:31] Uh 453 of that has been the improvements
[39:34] on the property and about 312,000 in
[39:36] land land value.
[39:39] Taxes are
[39:40] uh not behind.
[39:42] They have paid the the uh
[39:44] the half that they needed to pay and owe
[39:46] another 15,546
[39:49] later on this year.
[39:51] It is mortgaged for most of the
[39:53] appraised value
[39:54] at 728,200
[39:57] uh to Oxar Bank.
[39:59] It's insured by Lloyd's of London.
[40:01] The claim is actually being processed by
[40:03] a claims administrator and not by
[40:05] Lloyd's themselves.
[40:08] If the city decides to um
[40:11] after the hearing Of course, this is not
[40:13] what we're asking you to decide today.
[40:14] We're just asking that you consider it
[40:16] important enough to set a hearing date
[40:18] to hear from all sides.
[40:22] But if after the hearing the city
[40:24] determines that repairs or demolition is the right route and so
[40:31] orders that
[40:33] if the property owner doesn't carry out
[40:36] those orders then the city has the right
[40:38] to contract for that and charge the
[40:41] expenses to the property.
[40:44] Then if they're not paid, tax lien on
[40:46] the property is possible.
[40:49] So
[40:52] I wanted to briefly outline to you this
[40:54] process according to article 14 of codes
[40:57] which govern this process.
[40:59] Uh
[41:00] number one is where we're at today,
[41:01] which is just setting a hearing date.
[41:04] Then the uh our department would carry
[41:07] out the proper notifications.
[41:09] Which is why we ask for some time
[41:11] between now and the hearing date to
[41:12] carry that out according to the uh statutes.
[41:17] And we would mail certified letters and
[41:19] publish notifications in the newspaper.
[41:21] And then when the hearing is held you
[41:24] will hear from the property owners.
[41:26] Uh and uh and from our department, our
[41:30] recommendations.
[41:31] And you'll have the opportunity to order
[41:34] repairs or demolitions.
[41:37] You have other opportunity other options
[41:38] as well, but those are the two
[41:40] significant options that you can that
[41:43] you can order.
[41:44] And you can issue a deadline to begin
[41:45] work.
[41:48] The community development department
[41:49] within within monitor that process
[41:52] to make sure that your orders are being
[41:53] carried out.
[41:55] And if the work is not started on time
[41:58] or diligently pursued once it is begun
[42:02] then the city has the option as I said
[42:04] before to carry out the demolition
[42:06] repairs with its own contractor.
[42:10] If we pay for the repairs, the owner is
[42:12] billed. If the owner doesn't pay, then
[42:14] uh the city can place a tax lien on the
[42:15] property.
[42:17] Which does run with the land, so that if
[42:18] there is a buyer,
[42:20] that tax lien still holds.
[42:26] So, our recommendation is that a public
[42:29] hearing be set
[42:30] no earlier than July 22nd,
[42:33] and the resolution that we are
[42:34] recommending does name July 22nd as the
[42:36] date
[42:38] to consider ordering ordering the repair
[42:40] or demolition of the structures.
[42:43] Your alternatives are to follow our
[42:45] recommendation or deny the request
[42:48] or defer
[42:51] to a future agenda for continued
[42:54] deliberation.
[42:57] » Thank you.
[42:57] >> Oh, I'm good. I have a question for you
[42:59] on that. Um, so July 22nd being well
[43:03] over a month out, say um the ball gets
[43:05] rolling with the insurance company,
[43:07] everything, we've already set the public
[43:09] hearing date. Are we then able to cancel
[43:11] that hearing legally since it's been
[43:13] published or do you still have to have
[43:15] the hearing to go through the motions or
[43:17] how does that work?
[43:19] >> If the commission decided to take the
[43:20] public hearing off of its agenda, it
[43:22] could do that.
[43:23] >> Okay.
[43:25] Thank you.
[43:26] >> And thank you to you as well for
[43:28] everything, and it's nice to meet you,
[43:29] too. So, a lot of new faces tonight from
[43:31] community development.
[43:32] >> the city.
[43:33] >> Yeah. Thank you. Um
[43:35] is it all of the buildings? Just the
[43:38] specific buildings that are most
[43:39] extensively damaged? Do we Do we have an
[43:41] assessment on what that condemnation
[43:43] would look like? Is it
[43:45] at this point is it Are we looking at
[43:46] >> That's a great question. There are Let
[43:48] me see if I can back up a little bit.
[43:50] You can see Can you see all five
[43:53] structures there? Yeah. Um if you look
[43:55] at the top picture, you'll see on the
[43:57] left there's a little office building.
[43:59] >> Mhm.
[43:59] >> And then it is the only building that
[44:02] the owner feels, and uh some of our advisors agree with this is
[44:08] the only building that might be
[44:09] salvageable.
[44:11] However, the insurance company is
[44:12] arguing that the largest building that's
[44:14] shaped like an L
[44:16] is at least partially salvageable.
[44:18] So, the insurance company at this point
[44:20] has designated
[44:23] two of the five buildings as as
[44:26] uh
[44:28] ready for demolition. That when they
[44:30] settle they haven't settled yet. They
[44:32] said when they when we settle, we're
[44:33] pretty comfortable with ordering it with
[44:36] uh paying for a demolition on these, but
[44:39] uh two or three of the other buildings
[44:41] they're still debating.
[44:43] >> Thank you.
[44:43] >> Um but to answer your question, the city
[44:45] would have options. And you as the
[44:48] governing body would be able to order
[44:49] various options and it might be a
[44:52] building-by-building decision or it
[44:53] might be a whole property all at once.
[44:56] >> Thank you.
[44:59] And then do you have an idea you'd
[45:00] mentioned we would set the time frame
[45:02] from if we you know, deemed it condemned
[45:05] to when it would have to be torn down or
[45:08] you see meaningful work towards that.
[45:10] Is there a typical time frame that that
[45:12] looks like? Is that 60 days, 30 days,
[45:13] 90?
[45:14] >> Finch has said typically 30 days and
[45:16] then you would have the option of
[45:17] extending deadlines. The code says a
[45:19] reasonable amount of time to carry out
[45:21] the work.
[45:24] » Thank you.
[45:26] >> Mr. Hodges, I know we're talking about
[45:29] the Knights Inn right now, but while we
[45:30] have this picture up, the front built
[45:32] that the bottom picture,
[45:34] um that's the McCarty Mechanical
[45:36] Building or Mechanics Building.
[45:38] Uh do we have any update on the
[45:39] structure on the north side of it
[45:41] because it's, you know, pretty much uh
[45:43] demolished, too.
[45:44] >> Um yes, we they are working on getting
[45:47] that demolished. They don't have any
[45:49] precise plans right now. Um I don't want
[45:51] to divulge too much because of private
[45:53] discussions, but they're they're in uh
[45:56] um some discussions about the ownership
[45:57] status of of the property and and that
[45:59] may affect their plans. Okay. they've
[46:01] been very cooperative as well
[46:04] and and
[46:05] I expect they're going to resolve that
[46:07] problem maybe not as soon as we'd like,
[46:08] but we do know that the structure itself
[46:10] the rest of that structure
[46:13] it doesn't appear to be an unsound
[46:15] structure at this point.
[46:17] >> Just the adjoining structure on the
[46:19] north.
[46:19] >> Right. And we did have them fence that
[46:21] off. So, I don't know if you can even
[46:22] see it in this picture, but we did have
[46:24] them at least fence that off so it's
[46:26] less of attraction for uh
[46:30] >> People are breaking in
[46:32] >> do things that I would have done when I
[46:33] was young.
[46:34] >> Thank you.
[46:37] Um thank you. Along with that um
[46:40] pending you know determination, would
[46:41] that also include filling in the the
[46:43] pool or would it be structure demolition
[46:46] leaving the pool? Would that be included
[46:47] in potential
[46:48] >> That's a good question. I don't know the
[46:49] answer to that.
[46:52] I imagine you would have options on that
[46:53] as well.
[46:57] » Uh do you know does the owner you know
[46:59] prefer to prefer to rebuild or or what their plans are? Have they
[47:03] mentioned
[47:04] >> The owners made it clear that they want
[47:05] to demolish. They wanted to they want it
[47:08] all gone.
[47:09] >> Uh-huh.
[47:09] >> And whether he wants to hang on to the
[47:11] land and rebuild, he wasn't so clear on
[47:15] that, but
[47:17] my suspicion is he wants to take the
[47:18] money and move on.
[47:26] » Thank you for this and you said the
[47:27] resolution that we'd be voting on is
[47:29] July 22nd.
[47:30] >> It was a public hearing.
[47:34] » Mr. Mayor, I'll make the motion that we
[47:36] set a public hearing for the
[47:37] condemnation of structures located at
[47:39] 1641 South Main for
[47:42] July 22nd of 2026.
[47:45] >> I'll second that.
[47:46] >> We have a motion and a second. Any other
[47:48] discussion?
[47:51] >> Can I Can I just clarify that motion
[47:53] that you're passing the resolution that
[47:55] sets that date for that time?
[47:57] Perfect. How do you vote, Commissioner
[47:58] Skidmore?
[47:59] >> Yes.
[48:00] >> Commissioner Van Leyden?
[48:01] >> Yes.
[48:02] >> Commissioner Allen?
[48:03] >> Yes.
[48:03] >> Mayor Pro Tem Crowley?
[48:05] >> Yes.
[48:05] >> And Mayor Clayton?
[48:06] >> I vote yes. Motion passes. Thank you.
[48:10] That'll take us to item 11C.
[48:12] Consider resolution setting a public
[48:14] hearing for the condemnation of
[48:15] structures located at 1017 South Ash
[48:18] Street. Staff will present a resolution
[48:20] setting a public hearing to consider
[48:22] whether the structures at 1017 South Ash
[48:25] should be condemned and ordered repaired
[48:27] or demolished.
[48:30] >> Thank you. Yeah, so here we have same
[48:33] question, different property. Uh 1017
[48:36] South Ash, close to the high school. I'm
[48:38] uh some of you may be familiar with this
[48:40] property. This is the view from uh Ash
[48:43] Street
[48:44] uh looking east toward the property.
[48:47] There are two structures here, and I'll
[48:49] refer to the one on the left as the
[48:51] north structure, and the structure on
[48:53] the south on the right as the south
[48:55] structure. The structure on the right
[48:58] um has has five units, and they face to
[49:01] our right, so they don't face Ash
[49:03] Street. Uh it's it's bigger than it
[49:05] looks in that picture.
[49:07] And once again, the staff recommends the
[49:08] city commission set a public hearing
[49:11] date. Again, we're not talking about
[49:13] what to do today with the buildings, but
[49:14] to just to decide to set a hearing
[49:18] to order the repair or demolition of the
[49:20] structures at 1017 South Ash.
[49:24] The background on this, uh as I said,
[49:27] there are two structures. The top
[49:28] building is the north structure,
[49:30] and the bottom building is the uh south
[49:33] structure.
[49:34] The north building has had two units. It
[49:37] was fire damaged in October of last
[49:39] year. It's currently unoccupied,
[49:42] and uh it's it's beyond repair.
[49:46] The south building has five units.
[49:50] There was also a fire in this building
[49:51] in 2022 and two units were burned.
[49:55] One unit that was burned, the more
[49:57] severely burned of the two,
[49:59] remains gutted with charred joists. It's
[50:01] unrepaired and unoccupied.
[50:04] The other unit that was damaged appears
[50:07] to be occupied.
[50:08] The owner has on at least two
[50:11] occasions
[50:12] prevented denied access to city
[50:15] inspection.
[50:18] But there's no reason there's no
[50:20] evidence in the system right now that it
[50:21] has been repaired. Permits and such are
[50:24] lacking.
[50:27] Um
[50:29] of the of the five units
[50:32] three
[50:34] uh
[50:34] appear to be lived in. One by the owner
[50:37] one in the fire-damaged unit, the
[50:39] suspected fire-damaged unit, and one in
[50:41] another unit. We were not We were
[50:43] allowed to inspect the owner's unit. The
[50:47] unoccupied fire-damaged unit, which
[50:49] you'll see later in pictures right
[50:51] there.
[50:52] Um and but we were not allowed to
[50:54] inspect either of the units occupied by
[50:56] tenants.
[50:58] Uh further
[51:00] uh
[51:01] possible correction is that there is a
[51:05] attic space that the owner was trying to
[51:09] repair and rent out as a sixth unit. But
[51:13] um
[51:13] he he was told during a recent
[51:15] inspection that that he cannot do that.
[51:19] Both structures have additional code
[51:21] violations beyond the fire damage.
[51:26] In addition to the structural code
[51:28] violations, there are many code
[51:30] violations on regarding the the general
[51:33] management of the property and the
[51:35] grounds.
[51:36] In the past 9 years, 19 nuisance cases
[51:40] uh show up in our system.
[51:42] 29 written notices were sent. No
[51:45] responses are in our system from the
[51:47] owner.
[51:49] The code violations that persisted
[51:52] several years ago persist today.
[51:55] They include things like inoperable
[51:57] vehicles on the grounds.
[52:00] Construction materials that are just
[52:02] piled up.
[52:04] Trailers full of garbage, things like
[52:06] that. Chapter 10 environment code
[52:08] violations.
[52:11] Furthermore,
[52:12] um
[52:13] there have been 175 police calls for
[52:16] service in the last 10 years.
[52:20] And two fires in the last 4 years.
[52:23] These are things that you can take into
[52:25] consideration beyond just the structural
[52:27] considerations on this building.
[52:31] Uh financial considerations.
[52:36] It's owned by
[52:38] the uh LLC 1017 South Ash LLC.
[52:41] It was appraised at $84,000
[52:44] uh for 2025.
[52:47] Of that 84,000, 11,000
[52:50] 760 is the appraised value combined for
[52:54] the two structures.
[52:56] So, the vast majority of that appraised
[52:58] value is land.
[53:00] The taxes are up to date.
[53:03] Uh total tax bill 1358 for the year. 653
[53:09] is the balance still owed.
[53:12] Uh one thing to consider, and this is
[53:14] true for both properties, and this may
[53:16] come into play should you hold a hearing
[53:18] and and decide on on on on uh what
[53:21] action to take, uh or it may not. Um it
[53:24] one thing to note though is that
[53:27] the code requires that if the repair
[53:28] costs exceed 50% of the fair market
[53:31] value of the structure, then the order
[53:34] must be demolition and not repairs.
[53:38] Uh once again, in In case if the owner
[53:40] fails to act, the city can proceed with
[53:42] its own demolition or repairs.
[53:44] Um and if necessary, this steam the city
[53:47] can place a tax lien on the property to
[53:48] recover its costs.
[53:52] » And just to go back to that slide, just
[53:53] a quick question here. So, the uh
[53:55] okay. So, if the 50% of fair market
[53:58] value of both structures, we're not
[53:59] talking about the $12,000 there. We're
[54:01] talking fair market value of the
[54:04] structures.
[54:05] >> Not the property as a whole.
[54:07] >> Mhm.
[54:07] >> Yeah, but just but just that the 12,000
[54:09] right there.
[54:09] >> Right.
[54:10] >> So, 50% would be about 6,000, right?
[54:13] >> Well, repairs can
[54:13] >> Combined.
[54:15] >> Both properties.
[54:16] >> Okay.
[54:16] >> I think anybody's going to be able to
[54:17] repair that for 6,000 or less. So, okay,
[54:20] I get the
[54:21] >> I'm no builder, but
[54:22] >> I think Mr. Clayton would agree.
[54:24] Make sure I asked him that. Thanks.
[54:29] » So, once again, the legal considerations
[54:31] here are the same as for Knights Inn,
[54:32] but um
[54:33] just for clarity's sake, we'll repeat
[54:35] them. Uh the city commission sets a
[54:36] public hearing date. That's what we're
[54:38] asking for today.
[54:40] The next thing that the Article 14
[54:43] uh
[54:44] requires is that we notify
[54:46] anyone with an interest in the property.
[54:49] Then the hearing is held.
[54:51] Commission listens to the owner and
[54:53] staff and the public.
[54:56] And the commission then may
[54:58] issue a resolution with its finding to
[55:01] uh repair or demolish with a deadline to
[55:03] begin work.
[55:05] Then your community development
[55:06] department would monitor the compliance
[55:08] with that.
[55:10] And if the work is not started on time
[55:12] or if the work is not diligently
[55:13] pursued,
[55:15] city can carry out the orders uh
[55:17] themselves.
[55:18] And then once again, the city if
[55:20] the city pays for the demolition or
[55:22] repair costs,
[55:23] the owner's billed, and if the owner
[55:25] doesn't pay, tax lien can be filed on
[55:26] the property.
[55:31] As with before,
[55:33] the recommendation is that the
[55:35] commission set a public hearing date
[55:37] uh
[55:38] on or after July 22nd and again July
[55:40] 22nd is the hearing date in the
[55:42] resolution that we suggest
[55:45] uh
[55:46] to consider ordering repair or
[55:47] demolition of the structures at 1017
[55:49] Ash.
[55:50] The alternatives are to deny the request
[55:53] or to defer to a future agenda date.
[56:03] » Thank you. Do you know
[56:04] with these being potentially rentals
[56:07] is there any process from today when we
[56:09] if we if we do set the public hearing
[56:12] date to notify the tenants
[56:14] that there is a possibility that they
[56:17] may not have a place to live in 90 days
[56:19] or if the owner's not telling the
[56:21] tenants
[56:22] that they would be notified now so they
[56:24] can at least start a process?
[56:26] >> Yes, sir. They're they're one of the
[56:27] people who get notified by certified
[56:29] mail and Mr. Finch has also advised us
[56:33] to post it on their door and I will
[56:34] personally knock on their doors and talk
[56:36] to them to make sure they understand.
[56:38] >> Thank you.
[56:45] » And that'll happen
[56:47] almost immediately after your vote today.
[56:50] >> Okay.
[56:57] Do we have any other questions or how do
[56:58] we like to proceed with item 11C?
[57:04] » Mr. Mayor
[57:05] I move that we approve item 11C on our
[57:08] agenda.
[57:10] >> We have a motion. Is there a second?
[57:11] >> Second.
[57:13] >> Motion and a second. Any other
[57:14] discussion?
[57:17] Hearing none, may I have roll call,
[57:18] please?
[57:19] >> How do you vote, Commissioner Skidmore?
[57:21] >> Yes.
[57:22] >> Commissioner Commissioner Van Leyden?
[57:23] >> Yes.
[57:24] >> Commissioner Allen?
[57:25] >> Yes.
[57:25] >> Mayor Pro Tem Crowley?
[57:27] >> Yes.
[57:27] >> And Mayor Clayton?
[57:28] >> I vote yes. Motion passes.
[57:30] Thank you.
[57:31] >> Thank you.
[57:46] » That will take us to item 12, comments
[57:48] by our city manager.
[57:59] » Don't Don't take that as a sign of they don't
[58:03] want to listen to you.
[58:03] >> Yeah, that's I'm a little disappointed.
[58:05] We're just getting to the good parts.
[58:08] » Uh honorable mayor and commission, uh
[58:10] water plant continued troubleshooting on
[58:12] the three basin and managed ongoing pool
[58:14] system issues. Uh
[58:16] pool has been a little foggy with the
[58:18] rain, but you know, just want to let
[58:20] everyone know if there are safety issues
[58:23] with that water, we will close down the
[58:24] pool. We are testing it, but trying to
[58:27] get it dialed in with the excess rain
[58:29] here. Um water distribution crews
[58:32] responded to a water main break,
[58:34] completed sewer repairs, and continued
[58:36] work on the 19th Street waterline
[58:38] project. Uh production completed
[58:41] cleaning and inspections on critical
[58:43] cooling tower and uh fuel stool storage
[58:45] infrastructure.
[58:49] Over in public works, uh parks
[58:51] department completed mowing and weed
[58:53] eating across parks, trails, and
[58:55] cemeteries. Uh streets department
[58:57] continued work on uh 10th Street
[58:59] improvements.
[59:02] Few pictures of those there.
[59:05] Just wanted to remind everyone, got
[59:06] quite a few events in Ottawa here on
[59:08] Saturday. I have the duck race down at
[59:10] City Park. That's from 10:00 a.m. to
[59:11] 1:00 p.m. Uh Treasures in Ottawa down at
[59:14] Lake Legacy Square from 9:00 a.m. to
[59:16] 3:00 p.m.
[59:18] Uh city band concert at the OMA on
[59:21] Tuesday, June 9th. That's at 7:30.
[59:23] And then reminder of those uh two watch
[59:26] parties uh coming up this month for
[59:28] the upcoming World Cup.
[59:33] I just got a flyer here for Teen Safety
[59:36] Academy.
[59:40] Attendant of items for the June 10th
[59:42] meeting recognition of
[59:46] I won't try to say his name Raymond for
[59:48] completion of the power plant operator
[59:50] course KMEA Board of Directors
[59:54] auto representative Kansas Municipal Gas
[59:57] Agency appointment of a representative
[1:00:00] to that board and then proclamation
[1:00:02] recognizing June 19th, 2026 is June
[1:00:05] 10th.
[1:00:08] Just reminder we have some open
[1:00:09] positions right now. So encourage folks
[1:00:12] to go to our website and apply for those
[1:00:14] vacancies.
[1:00:18] I'll take any questions.
[1:00:22] Thank you.
[1:00:24] I don't know if
[1:00:25] >> Any questions for city manager or staff?
[1:00:29] Nope. I don't think so this week. Thank
[1:00:30] you.
[1:00:32] That'll take us to item 13 comments by
[1:00:35] governing body Commissioner Van Leeton.
[1:00:38] I got no comment tonight.
[1:00:40] Commissioner Allen.
[1:00:41] >> I was just going to add to the busy down
[1:00:43] June 6th.
[1:00:45] I was trying to pull up the email. It
[1:00:46] looks like there is a Prairie Spirit
[1:00:49] Rail Trail 30th Anniversary celebration
[1:00:51] in Garnett at 9:30 to which of course
[1:00:55] goes through Ottawa. The trail does so
[1:00:57] let's go celebrate in Garnett.
[1:00:59] >> Yeah.
[1:01:00] >> That's all I have.
[1:01:00] >> Thank you.
[1:01:02] Commissioner Skidmore.
[1:01:03] >> Well, I just wanted to commend DJ on
[1:01:05] your mowing again uh
[1:01:07] with all the rains we've had and you
[1:01:08] guys been able to sandwich those in
[1:01:10] between the rains. I don't know how you
[1:01:11] do it. I can't even do that on my small
[1:01:13] yard. You did it for the whole city. So
[1:01:15] thank you for that. I played disc golf
[1:01:17] Kansas Park this today. It was nicely
[1:01:19] all mowed. I can't blame the tall grass
[1:01:21] for my scores, so it was well well
[1:01:23] manicured, I must say. But, it looks
[1:01:25] nice and then again, compliments to you
[1:01:27] and your department. Kudos.
[1:01:29] >> Thank you. Mayor Pro Tem Crawley.
[1:01:31] >> I have no comments.
[1:01:33] >> Um I will just say you stole my one
[1:01:34] about the Prairie Spirit Rail Trail. Um
[1:01:37] the event begins at 9:30. They're having
[1:01:39] a bike ride, run, walk, and a few other
[1:01:41] things down there in Garnett um for the
[1:01:44] 30-year anniversary of the trail. Along
[1:01:46] with trails, this past weekend was the
[1:01:48] Unbound Gravel Race in Emporia. Um and I
[1:01:52] know last week there were several folks
[1:01:53] in town from that. I think they said
[1:01:55] seven continents, 54 countries, and
[1:01:57] every single state was in Emporia last
[1:01:59] week and
[1:02:00] um it was a muddy mess, it looked like.
[1:02:02] Um I know some businesses here in town
[1:02:04] were down there.
[1:02:05] Um so, that was just a a great thing for
[1:02:07] the trail community as well.
[1:02:10] I do want to welcome uh our Ottawa Main
[1:02:12] Street Association is hosting quarterly
[1:02:14] training for all of the Kansas directors
[1:02:17] who are in town this week.
[1:02:19] Um and then I did want to ask a question
[1:02:21] of staff. I'm not sure who would be the
[1:02:22] best person to direct to.
[1:02:24] Um I've heard there's a building
[1:02:26] downtown that has had a roof collapsed
[1:02:28] and we
[1:02:30] and just wondered if there was any
[1:02:31] updates about that, if there's any
[1:02:34] concerns, anything with that.
[1:02:36] >> Uh Mr. Mayor, I believe we'll have
[1:02:38] something on the commission agenda for
[1:02:40] next week on that subject, so
[1:02:43] um probably similar to what you saw
[1:02:44] tonight, just go ahead and setting that
[1:02:46] public hearing and
[1:02:48] you know, again, when we're setting
[1:02:49] these hearings, we're not really taking
[1:02:51] action on the first time, so it allows
[1:02:53] an opportunity for the owners to to
[1:02:56] visit, attend that public hearing, and kind of make the case of what the
[1:03:00] plans are for repairs, so
[1:03:02] >> Okay.
[1:03:02] >> obviously, if repair, temporary or
[1:03:04] permanent, happens before then, we can
[1:03:06] always
[1:03:07] take that off the agenda if it's added,
[1:03:09] but that'll be up for your consideration
[1:03:10] as early as next week.
[1:03:13] >> Perfect.
[1:03:13] >> Thank you.
[1:03:17] with no other comments,
[1:03:19] that'll take us to item
[1:03:21] 14, announcements.
[1:03:22] June 10th commission meeting is here at
[1:03:24] 4:00 p.m. in City Hall. June 17th
[1:03:27] commission meeting is here at 10:00 a.m.
[1:03:29] in City Hall. And June 24th study
[1:03:31] session is here at 4:00 p.m. in City
[1:03:33] Hall.
[1:03:35] No other matters to come before the
[1:03:37] commission, we are adjourned.