[0:00]

[5:16] Is that what.

[5:19] We will call the city commission on July 22.

[5:23] Meeting to order.

[5:25] All five commissioners are present.

[5:26] All city staff is present.

[5:29] We do not have any proclamations.

[5:32] We have our first sheet coming to me.

[5:36] I'm going to read a statement first.

[5:40]

[5:45] All right.

[5:46] We're about to.

[5:47] We're about.

[5:48] Sorry everyone will get two minutes

[5:50] and we head into public forum.

[5:53] I will bang the gavel and you will need to stop.

[5:56] Unfortunately, today I cannot let any

[5:58] of you go with your time over.

[6:00] Today we will not be tolerating any comments or disruptive

[6:03] behavior from the audience.

[6:05] This is your Warning.

[6:06] If we find your actions are being disruptive

[6:09] will be asked to leave the room.

[6:11] Please be respectful of everyone's

[6:13] time and their own opinions.

[6:15] Because of the capacity of this room,

[6:18] we will follow a specific format for public comment.

[6:21] Those seated in this room will be called on first to speak

[6:25] after speaking and signing in.

[6:27] They should return to their seats in this room

[6:29] once those speakers have had an opportunity to comment.

[6:32] Individuals who wish to speak from the overflow rooms

[6:35] will be brought into the room.

[6:36] Groups of 10.

[6:37] Which is why we have the chairs.

[6:38] After they are done speaking, they will be returned

[6:41] to their overflow room.

[6:43] We will also again need to be firm with the two

[6:45] minute public comment limit.

[6:47] This is not intended to diminish anyone's viewpoint.

[6:49] It is simply the fairest way to ensure everyone

[6:52] has their chance to speak.

[6:54] Thank you in advance for keeping this meeting

[6:56] orderly, respectful and focused.

[6:59] So we will move into public forum.

[7:01] Public is invited to make comments at this time.

[7:03] Please limit comments to two minutes each.

[7:05] Please state your name and address

[7:06] prior to making comments.

[7:09] And we will just start with my thought at this time.

[7:15]

[7:22] Hello, friends.

[7:24] Hey, I'm Mike law, 137b South kahola road.

[7:28] I want to make one thing clear.

[7:29] I'm not representing the membership

[7:32] of the Chamber of Commerce.

[7:34] I have the board support, but I'm not speaking

[7:36] for the individual members.

[7:38] Just want to make that clear.

[7:40] No need for me to quote back to you any more

[7:42] facts on this situation.

[7:43] I know you know all inside and out.

[7:45] You've probably digested more than

[7:47] and mastered more than you ever wanted to on that data center.

[7:51] So thank you for that, and I commend you for that effort

[7:54] and realize today, you're not here

[7:55] to Green light a data center.

[7:58] I want to make that perfectly clear.

[7:59] What the situation is.

[8:01] You've done your homework, you've listened,

[8:02] you've discussed, and I'm sure you've

[8:04] spent many a sleepless night.

[8:07] And that sucks for you, but I encourage

[8:10] you to make that next step, approve the zoning request

[8:13] and get to the next step.

[8:14] And let's see where this opportunity can take us.

[8:18] As the development agreement can't

[8:20] move forward without your approval and guidance.

[8:22] And I trust you and I trust you all after all this,

[8:25] that you do what's best for Emporia

[8:28] and Emporia, community and the economy,

[8:31] with multiple safeguards in place.

[8:32] And our community can see probably

[8:34] the single biggest economic boost in the history

[8:38] of the state of Kansas.

[8:40] I've only been this interim gig for about 126 days,

[8:44] not counting by any stretch, but I can tell you,

[8:47] I'm thinking about kicking around this deal for a couple

[8:49] of years, and I've seen one thing thus far,

[8:52] and it's not breaking news to you all.

[8:54] Emporia could use this kind of lift.

[8:56] Thank you.

[8:57] Thanks for your time.

[8:58] And I appreciate you.

[8:59] All right.

[9:03] Casey woods.

[9:04]

[9:13] Before I begin, I wanted to thank

[9:15] commissioners for your continued work on behalf of Emporia.

[9:17] My name is Casey Williams.

[9:18] 1228 West Street will serve as the Executive Director

[9:22] of Emporia Main Street.

[9:23] I encourage you to adopt the rezoning of tracks 1

[9:27] through 11, as recommended by the planning and zoning

[9:28] commission, and to adopt the proposed digital overlay

[9:31] standards for the same properties.

[9:33] It's important to remember what these actions do

[9:35] and what they do not do.

[9:37] Approving the zoning and overlay does

[9:39] not approve a digital campus or authorized construction.

[9:41] Instead, it gives our community the opportunity

[9:43] to market the site and engage in direct negotiations

[9:47] with the potential end user.

[9:49] Only after those negotiations would

[9:50] a detailed development agreement come back before this commission

[9:53] for consideration.

[9:54] We strongly encourage a process where that development agreement

[9:58] is made available for public review

[9:59] before any formal action is taken.

[10:01] That agreement should clearly define

[10:03] measurable and enforceable standards

[10:05] covering issues such as jobs, wages, infrastructure,

[10:08] utilities, environmental protections,

[10:09] community investment and other community expectations.

[10:12] Those are the facts our citizens deserve to evaluate.

[10:15] The foothills digital campus discussion

[10:17] should be based on factual projection project

[10:20] information, not fear assumptions, personal attacks,

[10:23] or speculation.

[10:25] Let the public examine the actual agreement.

[10:28] Let everyone ask questions.

[10:29] Challenge the details and determine

[10:31] whether the proposal meets the standards our community expects.

[10:35] If it's a good deal for Emporia, let's approve it.

[10:37] If it isn't, let's reject it.

[10:39] But our citizens deserve the opportunity

[10:41] to evaluate real facts and enforceable commitments

[10:44] before making that decision.

[10:46] I encourage you to pass a zoning and overlay

[10:48] as recommended by the planning and zoning commission.

[10:50] Thank you for your time and consideration.

[10:54] People on the upstairs said they can't hear it,

[10:57] so it's a violation unless they can hear it.

[10:59] Can you guys fix the audio upstairs.

[11:02] Doug McGaugh is next.

[11:04] Thank you.

[11:05]

[11:11] My name is Doug.

[11:12] I live at 1809 Briarcliff lane.

[11:16] There may be legitimate reasons for confidentiality,

[11:19] but planning a data center nearby

[11:21] will affect the whole community.

[11:24] And the community needs to have proper input from the get go.

[11:27] Instead, you sat on this for eight months

[11:30] using NDAs to hide it from all but a select few

[11:32] and then spraying it on the rest of us

[11:34] when there was little time for comment or response.

[11:38] This is an inexcusable ethical lapse.

[11:41] US additionally, you worked this out with some very

[11:44] Shady investors and developers.

[11:46] Any guardrails you have laid down

[11:47] are either not publicly known or are non-existent.

[11:51] Are there benefits for the data center.

[11:53] Yes some investors and people with insider knowledge

[11:57] will get financial boosts.

[11:59] There will be construction jobs that will bring in short term

[12:02] economic growth, along with tremendous congestion

[12:05] and noise pollution.

[12:07] But you have all heard from others the ecological pollution

[12:12] and social issues that data centers have created elsewhere.

[12:16] Suffice it to say that there are 0 long term

[12:19] benefits for most of us.

[12:23] And what is all this for.

[12:24] What is the purpose of AI.

[12:26] It is.

[12:27] It is to increase government surveillance 24/7 seven.

[12:30] Maintain records of all of us permanently,

[12:33] mostly be via flock cameras.

[12:35] Privacy will be a pipe dream instead of a right.

[12:38] Over 70% of Americans now oppose data centers

[12:42] and the numbers in Emporia.

[12:43] If you bothered to poll outside, the business community

[12:46] are right in that area.

[12:48] The data center being proposed is unneeded,

[12:50] has no enforceable guardrails, is

[12:52] being pushed through too fast.

[12:54] Is sponsored by very questionable developers.

[12:56] It needs much more time for study at the very least.

[12:59] Table the decision until after the election.

[13:02] I leave you with two words.

[13:04] Festus, Missouri.

[13:05]

[13:09] We're moving on to Lawrence.

[13:11]

[13:22] And then Kathy Lamb is on deck.

[13:24]

[13:28] Sorry 11:09 Luther street.

[13:31] Please do not insult our intelligence today by telling us

[13:35] that you are considering only a land use

[13:37] agreement that is separate from Gary

[13:39] Pinkston and Kansas Park Place.

[13:41] Let us not engage in that kind of semantic nonsense.

[13:45] We all see the elephant in the room.

[13:47] We are not talking about land use agreements and annexation

[13:50] with no clear end game.

[13:52] This is about a data center campus.

[13:55] We all know it.

[13:56] So let's just call a spade a spade.

[13:58] Gary Pinkston keeps trying to have it both ways.

[14:02] On the one hand, his interview with kvoe radio

[14:04] he presented himself as the primary developer

[14:07] for Kansas park.

[14:08] And then just four days later, when

[14:10] questioned during his bankruptcy hearing,

[14:13] Pinkston denied knowing anything about the project.

[14:16] It can't be both.

[14:18] On the one hand, an image has been created of Pinkston

[14:20] as a kind neighbor from good old Chase County

[14:24] come to Emporia to offer us a great economic opportunity.

[14:28] On the other hand, during his bankruptcy proceedings,

[14:30] Pinkston said he knows nothing about it.

[14:33] Can't have it both ways.

[14:35] Why on Earth are you even considering

[14:38] doing business with such a duplicitous character.

[14:42] Oh, but Pinkston is not the only Shady character in the room.

[14:48] I'm wondering which city commission

[14:49] we're going to see today.

[14:51] Will we see a group so desperate to grab on

[14:54] to some kind of economic project that they will even do business

[14:58] with a Shady character like Gary Pinkston,

[15:00] Nordstrom and their LLC.

[15:03] Or will we see a commission that we thought we elected.

[15:06] A group of leaders who care about the people of Emporia, who

[15:10] care about our air, our water, our property

[15:12] values, and our quality of life more

[15:14] than they care about lining the pockets

[15:16] of a few well-heeled investors.

[15:19] Which city commission will you choose to be today.

[15:22] I guess we'll find out here shortly.

[15:25]

[15:28] All right.

[15:29]

[15:32] My name is Kevin Lamb.

[15:33] I live at 10 1706 East 10th Avenue.

[15:38] For three years, I protested in front of a abortion mill

[15:42] in San Antonio, and I had the Archbishop of San Antonio come

[15:45] and was with us, and he would say are filled with passion

[15:50] and you are filled with the Holy Spirit.

[15:52] And I don't know what you are filled with.

[15:54] I think everybody back here has an idea,

[15:57] but I don't know what you are.

[15:58] I don't even know you.

[16:00] I've moved back.

[16:00] I was born and raised here.

[16:01] I just moved back.

[16:03] But I know that if you truly care about your people

[16:07] would not even consider a facility that causes

[16:11] cardiovascular disease, pulmonary disease,

[16:14] different types of cancer, stillbirth,

[16:16] miscarriages, deformities.

[16:18] How can you even consider that.

[16:21] But let me go back to the threats

[16:22] and being called on by the cops.

[16:24] Last night, like I said, I was in front of an Abortion

[16:28] Every single Saturday for three years till we moved to Florida.

[16:31] I had guns in my face, I had shotguns pointed at my stomach.

[16:36] I had beer bottles thrown at me.

[16:38] I had soda bottles thrown at me and I stood my ground.

[16:41] I had cars swerve at me.

[16:43] But because the Bishop said, the Archbishop said,

[16:46] you're filled with the Holy Spirit

[16:47] and you're filled with passion.

[16:49] I'm filled with passion and I'm filled with the Holy Spirit.

[16:52] And this is my town.

[16:54] These are my citizens, and I don't want them to die.

[16:57] A pulmonary disease or cardiovascular disease

[17:01] or a multiple type of cancers that you know very well

[17:05] is capable of happening once it goes in.

[17:09] And I want to thank Tammy Ogle for answering my email.

[17:11] I wanted to meet with you.

[17:12] I said it wasn't a debate.

[17:13] You didn't even reply.

[17:14] You didn't even make up a lie and reply.

[17:16] So I don't know why.

[17:18] Why you are so unaccessible to us and why you are so.

[17:22] The lack of transparency to us.

[17:24] We don't work for you.

[17:26] I don't know who I voted for because like I said,

[17:28] I. I don't know you.

[17:31] I don't but I do now.

[17:33] And those of you who are supporting that God

[17:36] have mercy on their souls.

[17:38] Yeah OK.

[17:39] Up next.

[17:40]

[17:45] We have a second set of papers.

[17:49] All right.

[17:52] Hello, everybody.

[17:52] My name is Jay.

[17:53] I'm from Emporio, neighbors United.

[17:55] And I've been trying to.

[17:58] 1319 Lawrence Street, right around the corner.

[18:02] So I have been traveling all around the County talking

[18:06] to our neighbors and admire Allen,

[18:08] Americus, Redding, Hartford, Neosho Rapids, OPI,

[18:12] and no one wants it.

[18:13] They're worried about their water.

[18:15] They're worried about if this happens here, then

[18:18] what happens to them there.

[18:20] And so, to be good stewards of our neighbors,

[18:23] this isn't just a city conversation.

[18:24] This is a County wide conversation and discussion.

[18:28] Our County Board of Commissioners took the lead

[18:30] and took a six month moratorium on this.

[18:32] I know you guys.

[18:34] And you all had record donations.

[18:38] You guys broke a record for the most campaign contributions

[18:41] in a city election last time.

[18:44] Is that why you guys are not listening to the people.

[18:47] Is 10,000 to $13,000 each a reason to not hear

[18:52] the people of your community.

[18:53] We have shown up 500 strong.

[18:56] We have shown up time and time again.

[18:59] We have brought the facts.

[19:01] We have the experts.

[19:02] We've read the studies and reports.

[19:04] We've tried to meet with all of you

[19:05] and you have been aloof, non-responsive,

[19:09] avoidant, corrupt.

[19:11] Gaslighting, fear mongering.

[19:14] Is that who you want to be.

[19:16] Is that the legacy you want to set.

[19:18] Is that how you want your children to look at you

[19:21] and how you go down in history on the wrong side.

[19:24] This is not a project that we want or need,

[19:27] but this is the project that obviously

[19:29] has some type of bearing in your personal lives.

[19:32] Are you getting money in your own personal bank accounts.

[19:35] Are you getting a condo in Hawaii.

[19:37] We deserve to know.

[19:38] I filed a court request for $1,740.

[19:42] And I haven't received any of your emails, your phone

[19:44] records or text messages.

[19:45] But when we do better believe some recall.

[19:49] Elections are coming.

[19:50] Take care.

[19:51]

[19:55] Where are we on.

[19:57] Are there people in that third row.

[19:59] So, Bruce, we'll start with Bruce and just go down the row,

[20:02] I guess.

[20:02]

[20:06] Can you just pass it down the other rows as well.

[20:10] I feel like it just made it.

[20:12] They're going to do it.

[20:13] I think after they talk they're going

[20:15] to come over here and sign it.

[20:16] But can we get people on deck so that anybody

[20:20] else that's speaking.

[20:22] When you're done speaking, step over here and sign your name

[20:25] and address please.

[20:26] OK I was just trying to be efficient.

[20:28] Oh, here you go.

[20:29]

[20:31] OK you're up.

[20:32] All right.

[20:33] Thank you all.

[20:34] Bruce Bedford.

[20:35] 2214 East Bayfront court here in Emporia, Kansas.

[20:38] Thank you for allowing me this time to speak as a proponent

[20:41] of the applications.

[20:42] I'm here for two reasons.

[20:44] The first, as a representative of RDA

[20:46] to express the support of the rezoning

[20:48] and the property of the property to the industrial use

[20:51] and for the digital infrastructure overlay.

[20:54] The RDA is the economic development agency for Emporia

[20:57] County and more particularly promotes industrial development

[21:01] and is supportive of approving these action items.

[21:03] Today, the RDA anticipates a positive economic impacts

[21:08] to the community, job creation, infrastructure development

[21:11] and new property taxes created to lessen

[21:13] the burden on the existing residents and business owners.

[21:16] The RDA promotes this application

[21:19] and asks you to vote yes.

[21:21] I'm also here as a local small business owner.

[21:25] I am cautiously optimistic about this

[21:27] potential economic development.

[21:29] I've also spoken to several local businesses,

[21:32] and they also express their opinion

[21:34] to approve these action items.

[21:36] The local businesses want and need the community

[21:40] to progress with economic development,

[21:42] and want to see the developers agreement

[21:44] and how that would impact the community.

[21:46] Thank you for your time and your patience in this matter.

[21:50] Please vote yes on these items.

[21:52] Thank you.

[21:53]

[21:56] All right.

[21:57] That row.

[22:00] Yeah give me a.

[22:03] Back row.

[22:05] I know we're coming back.

[22:07] OK keep coming, keep coming.

[22:09] Charles Brown, 1310 Lawrence Street in Emporia, Kansas.

[22:14] Garrett Pinkston changes his rhetoric and his numbers often.

[22:18] He now claims in a recent private meeting

[22:21] with the remaining land and homeowners surrounding

[22:23] the rezones tracks that the project will only bring 30 to 40

[22:28] permanent jobs to Emporia.

[22:30] This is retreating from his earlier promises of 500 jobs

[22:35] and consistent with all public data,

[22:38] hyperscale data centers do not create jobs.

[22:41] They eliminate the need for human jobs.

[22:44] Pinkston understands this.

[22:46] He says, quote, data centers are like business centers.

[22:50] It just has machines instead of people.

[22:53] He's right.

[22:54] Data centers are run by AI and not people.

[22:57] These revelations collapse the main rationale

[23:01] for supporting any data center and local business.

[23:06] People have repeated those 500 claims.

[23:10] Meanwhile, the city government claims they are not supporting

[23:14] this project, but only creating conditions

[23:16] for any similar project.

[23:19] This is not a model for responsible city government.

[23:22] The Kansas reflector states that a member of the planning

[23:26] commission justified their vote to recommend city Commission's

[23:30] approval of today's issue, because it would be at the city

[23:33] would be at risk for a lawsuit without this recommendation.

[23:38] This is consistent with the pattern of deep pocketed

[23:41] big tech industries suing city governments

[23:44] that resist their demands.

[23:46] The Department of Justice has labeled data centers

[23:49] as necessary for national security,

[23:52] giving them unprecedented federal protection

[23:55] from any legal challenges to their lack

[23:57] of compliance with federal or city regulations.

[24:01] And yet, city government expresses confidence

[24:04] that they can accomplish what no other community has been

[24:07] able to do to write and enforce contracts

[24:10] that will save Emporia.

[24:12] Thank you.

[24:13] All right.

[24:14] Who is next on that rope.

[24:18] Nobody Nobody anybody else on that rope.

[24:20] Road you're leading the pack here.

[24:22]

[24:27] Ralph Thomas, 1717 Lincoln Street,

[24:30] formerly 668 road 190 for 27 years.

[24:34] I'm opposed to the data center.

[24:37] I supported the opposition, signed the opposition petition,

[24:41] which will ban it or go to a Citywide vote,

[24:45] which I feel like should be a countywide vote.

[24:48] I'm sorry for the job losses in Emporia.

[24:51] I'm concerned about them, too, but I

[24:54] don't think we should be taking something

[24:56] that no other community wants.

[24:58] They put Europe year moratoriums on them.

[25:01] This makes no sense to me to take

[25:03] acres of ground, to create 5,000 jobs, or whatever is promised.

[25:09] If the location had been out by the Everjoy center at 200 and S,

[25:15] maybe with a good developer involved in no secrecy.

[25:20] I think I would be more in favor of this.

[25:24] I'm opposed to tracks 1, 2, 3, 4 going from AG to industrial use.

[25:30] This puts road F5 on an island, and if this does not go forward,

[25:36] that should not be zoned industrial tract 11.

[25:40] That Scott peak owns that should be left for housing.

[25:43] We've approved the Cedar Creek development.

[25:46] I don't know what they're going to think if they get a data

[25:49] center right behind them.

[25:50] How they going to sell lots.

[25:53] I'm not opposed to tract 8, 9 or 10 going industrial.

[25:57] If Mr. Smoot doesn't think he needs more room for expansion.

[26:02] And his tract on the South side of highway 50,

[26:05] and I talked to Sam Shealy about 2/3 of that's not

[26:09] in the floodplain.

[26:10] Kim Hollins a lot of that's in the floodplain.

[26:13] I just don't feel like the city government has

[26:16] the ability to work and stand up to these billionaire

[26:19] corporations.

[26:22] And I think Pryor, Oklahoma was not used as a good example

[26:25] of what we're looking at here.

[26:27] They're already putting an opposition petition on that.

[26:30]

[26:33] Steve look, I warned you, we're going to try and get

[26:41] through this efficiently.

[26:43] So every time somebody starts popping and hooting, hollering,

[26:47] that puts us behind even farther.

[26:49] So who's up next, Chief.

[26:51] Is there, done with public comment in that room.

[26:54] Yeah could we.

[26:55] Back row Start back row.

[26:58] Looks like they're done.

[26:59]

[27:02] Becky would be too nasty.

[27:03] I'm trying to be nice.

[27:04]

[27:09] Hello, I'm Ty Gorman.

[27:10] I'm with the Sierra Club national Sierra Club.

[27:13] I represent 18,000 10,000 supporters in Kansas, as well

[27:16] as hundreds in Lyon County.

[27:18] And, I'm here to talk about some of the issues with data centers

[27:23] that we're facing around the country.

[27:25] I work with mainly the energy issues

[27:29] that data centers present.

[27:32] I understand that we're well, we are working with a coalition

[27:36] that is trying to make sure that there is transparency,

[27:40] that there is meaningful public input, that there is water

[27:44] protection, that includes, insurance of closed loop systems

[27:49] and making sure that there is no pollutants going

[27:52] into the groundwater from these facilities, this kind

[27:55] of meaningful community participation,

[27:59] before making a decision that allows

[28:01] a data center to move forward with the development

[28:02] is very important.

[28:04] I have submitted and will submit to those

[28:06] who haven't gotten it a letter with all of these details.

[28:09] I want to spend my last minute talking about the power

[28:14] right now, the Trump administration

[28:16] is trying to pass a regulation that would remove any guardrails

[28:21] on point source pollution, diesel generators, gas

[28:25] generators on site at data centers.

[28:27] I'm testifying against it later today with the EPA.

[28:30] This means that I mean, in other data centers around the country,

[28:33] there's 500 diesel generators being put at these sites,

[28:36] pumping deadly pollutants into the air.

[28:39] The community is causing heart issues childhood asthma,

[28:42] premature deaths, the or gas turbines

[28:45] doing the same thing in Memphis, Tennessee.

[28:47] With these pollutants, there has to be guardrails put on

[28:52] at the local level because no one else is doing it

[28:54] at the state or federal level to make sure that we're not

[28:56] poisoning our communities, to make sure that these facilities

[28:59] are bringing their own clean energy

[29:01] and that they're held accountable for that

[29:03] before they get passed these local government

[29:05] stages of the process.

[29:07] So thank you for not approving this

[29:09] without those considerations.

[29:11] Thank you.

[29:12] All right.

[29:13]

[29:19] I got you something.

[29:21] Oh, no.

[29:24] I'd say the first thing is up here.

[29:27] Yeah now he needs to get out the other end.

[29:30] OK my name is Leslie Smith, and I live at 9:15 Neosho street.

[29:34] For the past 39 days, many citizens

[29:36] have shown up to share their feelings, research, and pleas

[29:39] with you to stop approving the next step of the 37 step process

[29:42] to allow the data campus to be built in Emporia.

[29:45] I'm here again as one of the many who are

[29:47] asking you to hear us again.

[29:49] In light of the apparent misconduct at best

[29:51] brought to our town by the possibly is possibly

[29:54] isn't developer Gary Kingston.

[29:56] It seems many of us were right to be suspicious and concerned.

[29:59] Now, not only do we have the concern of a 1,000 acre data

[30:02] campus and all the ills that come with it,

[30:04] but we have the concern of our town possibly doing business

[30:06] with a man who appears to have a questionable reputation

[30:09] and dubious business ethics if Pinkston truly

[30:12] isn't the developer, contrary to what he has previously stated,

[30:15] and it really is his daughters who live out of state.

[30:17] Does this seem like a man we can trust to be the president

[30:19] of their organization.

[30:21] Also, when are we going to hear from his daughters.

[30:24] Even if you ignore our concerns about the environment, energy,

[30:27] uses, pollution, et cetera, et cetera,

[30:30] as well as the impact on our community,

[30:32] it would be a foolish mistake to do business with such

[30:34] a dubious organization.

[30:35] I hope you can see that in my research about dyos,

[30:39] I read that all city policies should be completed and in place

[30:41] prior to implementing a dio.

[30:43] That makes me think that you shouldn't approve the dio today,

[30:46] with this latest incident from the developer

[30:48] and the continued concerns presented to you by Citizens.

[30:51] I respectfully ask you to put a minimum of a one year moratorium

[30:54] on approving a data center in our town.

[30:56] This will give you time to put thorough and fine tuned

[30:58] policies in place.

[31:00] If you're unwilling to do that, I

[31:01] ask you to vote no on the rezoning and DO issues

[31:04] on the agenda today.

[31:05] I will.

[31:07] OK two things that a proposed data center would progress

[31:10] with such speed through the slow and deliberate machinery

[31:12] of a municipal government, is alarming that the proposal could

[31:15] advance while the true owners and developers, whoever they may

[31:18] be, are shielded by the secrecy of limited liability

[31:20] companies is outrageous.

[31:22] That's from Max McCoy, and the time

[31:24] you're spending on a traffic study for a coffee shop

[31:27] proves you can slow down the process.

[31:29]

[31:35] If you want to keep clapping, we'll have to just remove you.

[31:37] You'll have to go watch sometime.

[31:39] Sorry I didn't get your final one.

[31:42] Thank you.

[31:43] It finally dawned on me.

[31:45] Y'all don't care how many statistics

[31:46] or examples we show y'all.

[31:48] Y'all don't care how much we've shown you.

[31:50] How much we love this city, how much we love the environment

[31:52] that surrounds it, and how much we

[31:54] don't want another huge, soulless building amongst us.

[31:58] You are our representatives, so why

[32:00] don't you want to represent us.

[32:03] Maybe y'all just defer to Trey because he's not

[32:05] paid pennies to do what.

[32:07] Do this work.

[32:09] But maybe the city manager doesn't

[32:11] see himself as a public servant since he's appointed.

[32:14] We don't need someone sitting around soaking up $200,000

[32:18] a year to tell us it's this project or nothing,

[32:21] and that Pinkston's financial woes are a non-issue.

[32:25] How is it a non-issue if you're trying to put our town in bed

[32:28] with someone who owes people millions of dollars

[32:31] and is apparently bankrupt.

[32:33] Trey says he can't speak to why Pinkston

[32:36] is portraying himself as a spokesperson and developer.

[32:39] Well, what can you speak to.

[32:42] He said, if you say no to a project of this magnitude,

[32:46] nobody else is coming.

[32:48] And what Trey really means by that

[32:49] is if we don't allow this project to move forward,

[32:53] he's going to stop trying.

[32:56] Does this sound like a person who should be managing our city.

[32:59] We don't think so.

[33:01] We think that we need to completely revamp

[33:03] our local government because obviously

[33:05] it's not working for us.

[33:06] We, the people deserve to say, deserve a say.

[33:09] And the people deserve to know why our tax dollars are being

[33:12] squandered on people who don't feel obligated to owe us

[33:14] an explanation.

[33:16] Trey has been a city manager since 2021

[33:18] and I think it's time for a change.

[33:20] I call for the removal or resignation of Trey cocking

[33:23] for his defeatist attitude, his misuse of taxpayer money,

[33:27] and for his overall lack of caring about the people who pay

[33:29] his Bills and poor neighbors.

[33:32] United have three petitions to restructure our city government

[33:35] and change how empty petitions are filled

[33:37] or positions are filled.

[33:39] So please hit up Emporia neighbors United

[33:41] if you'd like to sign that, I would love all of you

[33:43] to sign it.

[33:45] Thank you.

[33:46] All right.

[33:48] All right.

[33:48]

[33:52] Is there somebody you would like.

[33:55] No Who's next.

[33:56] OK are you next.

[33:59] Back row.

[34:00]

[34:04] Front row here.

[34:05] Oh, wait a minute.

[34:07] That's right.

[34:07] One can be on deck.

[34:08] Go ahead.

[34:09] Go ahead.

[34:10] Go ahead.

[34:10]

[34:15] Natalie Duncan, 639.

[34:17] Washington I am vehemently opposed to rezoning

[34:23] those properties to the dio.

[34:26] I do not want any shape, or form of a data

[34:30] center or battery center or anything on that property.

[34:33] I want to conserve nature.

[34:37] I do not want all of the secrecy and lack of information

[34:42] that we have been getting.

[34:44] I want more information on what people are basing

[34:47] in the city their decisions on.

[34:52] I do not want.

[34:53]

[34:56] Large money entities corrupting our city with things

[35:03] that we do not want.

[35:08] I don't have anything else.

[35:09] I didn't come prepared.

[35:10] I just wanted my thoughts.

[35:12] No thank you.

[35:13] All right.

[35:13] Last one back there.

[35:26] And I think we're coming to the front row.

[35:28]

[35:34] For everybody, please.

[35:35]

[35:38] I'm Erica Martin, 1423 State Street.

[35:41] With a population of less than 12.7

[35:43] people per square mile and few man made structures.

[35:46] Visitors commonly spot Hawks, songbirds, deer,

[35:49] coyotes in the Flint hills.

[35:51] This quote is from visit Emporia on what

[35:53] brings people to Emporia.

[35:55] The proposed rezoning replaces soil with pavement,

[35:57] increasing runoff to streams.

[35:59] Engineering can try to mitigate the runoff caused by impervious

[36:02] surfaces, but you cannot afford to engineer the rate

[36:05] of water infiltration that soil and plants

[36:07] already do for us for free.

[36:10] Emporia is situated between the Cottonwood and Neosho.

[36:12] Both rivers are documented range of the Neosho madtom,

[36:15] a small catfish listed as threatened under the Endangered

[36:18] Species Act.

[36:19] I take people of all ages to our prairie and our streams.

[36:22] It is amazing what we have right here.

[36:26] When you remove the natural system

[36:27] that helps maintain water quality,

[36:29] you end up paying for it.

[36:31] Exact values vary by region, but these services

[36:33] include water purification, flood control, and carbon

[36:35] sequestration, and yield economic benefits

[36:38] that consistently exceed the cost

[36:39] of any anthropogenic solutions.

[36:42] The current tracks are not untouched tallgrass prairie,

[36:45] but they are also not impervious concrete.

[36:47] They are somewhere in between.

[36:48] This rezoning, which may result in a data center,

[36:51] doesn't destroy manufacturing jobs or the University,

[36:54] but it does directly threaten the one

[36:56] economic asset that can never be rebuilt

[36:58] once it's paved our prairie.

[37:01] When visitors come here, would you take them on a tour

[37:03] of the city and the County.

[37:05] Would your tour include a 1,000 acre data center.

[37:08] I ask that the city adopts a dio framework

[37:10] with strict environmental conditions,

[37:12] but deny rezoning of these particular 11 tracts.

[37:15] I also suggest a one year moratorium on data centers.

[37:19] Aldo Leopold.

[37:20] Leopold said a thing is right when

[37:22] it tends to preserve the integrity, stability, and beauty

[37:24] of the biotic community.

[37:26] It is wrong when it tends otherwise.

[37:28] And I say nobody likes dying wishes,

[37:31] wishing they'd spent more time surrounded by concrete.

[37:34] The packets that you have are eight different articles

[37:37] discussing the heat island effect

[37:39] and runoff concerns for the rivers and streams here.

[37:42] Thank you.

[37:42]

[37:48] Edgar 1106 Neosho.

[37:50] I'm here to ask you to not move forward

[37:52] with the recommended rezoning of agricultural land to industrial.

[37:55] As that goes against the comprehensive plan,

[37:57] agricultural land should stay AG because that's

[37:59] what the people ask for.

[38:00] Just like the people have repeatedly

[38:01] asked you to stop this process because if it looks like a scam,

[38:05] sounds like a scam, then it's probably a scam.

[38:07] I don't even know what to say at this point.

[38:09] I feel like I'm in an M Night Shyamalan movie,

[38:11] except it's terrible and the plot twists keep coming.

[38:14] I knew everything in the developer's website were lies,

[38:16] but I never dreamed he would confirm it himself

[38:19] in testimony under oath.

[38:20] Now, I don't believe a damn thing about this project,

[38:22] and I distrust anything that has to do with the sham.

[38:25] From looking at the developer's history,

[38:26] his Mo seems to be go where no one wants you force your will

[38:29] on the locals, destroy natural resources,

[38:32] and run away when things get bad.

[38:33] The demand for AI also isn't there,

[38:35] despite what the companies pushing AI are telling you.

[38:38] It is estimated that 5% to 10% of the population

[38:40] actually uses AI regularly.

[38:41] It is not the next utility they are claiming it to be.

[38:44] The reality is that big tech have overextended themselves

[38:47] and now this is their investors want a return.

[38:50] But AI isn't making any money.

[38:52] This data center boom is a Hail Mary effort to get us

[38:54] all to pay for their bailouts.

[38:56] They should be reminded that no one

[38:57] asked for them to train their models

[38:58] on all of human knowledge.

[39:00] We should tell them that no one asked for them

[39:02] to hoard all our personal data.

[39:04] No one asked for them to make technology so inefficient.

[39:06] It requires millions of gallons of water to run.

[39:08] These data centers don't need our water.

[39:10] We must let them pick themselves up by their bootstraps

[39:12] or burn down.

[39:13] Inefficient large language models are also

[39:15] not artificial intelligence.

[39:17] They are pattern recognition machines that guess

[39:19] nothing intelligent about them.

[39:20] This technology could have been useful to make our lives better

[39:23] overall, but instead it's being used to farm attention, build

[39:26] flawed autonomous Murder machines, surveil people,

[39:29] and destroy the environment.

[39:30] We don't need that now.

[39:31] We don't need that ever.

[39:32] Because the only data centers we need are libraries.

[39:36] And we have a few in town already,

[39:38] so please do not proceed with the recommended rezoning.

[39:40] I do believe the dio needs more protections in it,

[39:43] but if you must pass something, pass that.

[39:45] But there are many items should be tabled

[39:46] at least until the petition process has

[39:48] concluded, but tailor them telling them permanently

[39:50] would be much better.

[39:52] Yes, we are yet.

[39:54]

[39:57] That's something again.

[39:58] I'm getting reminders from our commissioners.

[40:00] You have been warned on the clapping.

[40:01] So moving forward.

[40:04] Yeah my name is Leah Green.

[40:06] I know you guys know me.

[40:08] As I started to write out a statement for today

[40:12] and looked at the whirlwind of what

[40:13] has been the past few weeks since June 2.

[40:16] One thing stood out to me this should not be a people

[40:19] versus a commission situation.

[40:22] I don't want to hate my commissioners.

[40:24] I don't want to hate my leaders.

[40:26] I want to work with you.

[40:28] I want to help, and I want to do what's best for Emporia.

[40:32] We all do.

[40:33] That's why we're here.

[40:35] The city has repeatedly said that they welcome public input.

[40:39] This is public input.

[40:41] The petition is public input for your neighbors.

[40:45] We represent over 1,800 people.

[40:48] To put that in perspective, Aaron

[40:50] received the most votes out of any commissioner

[40:52] and he received 1746.

[40:56] So everyone coming before you today represents as many people

[40:59] as you have votes or more.

[41:01] I believe it's time to come together as a community.

[41:05] And I'd like to offer up a prayer.

[41:08] If I could.

[41:09] And I'd ask, maybe you mute the timer.

[41:11] Just no.

[41:12] All right.

[41:14] Dear Jesus, your word says you don't

[41:16] give us a spirit of fear, but of power

[41:18] and of love and a sound mind.

[41:20] Today I come to you on behalf of the city of Emporia.

[41:23] And I pray that your power and your spirit

[41:24] will be felt in the hearts of all that are here.

[41:28] I pray that you will surround us in your love.

[41:30] I pray for every leader that is here.

[41:33] Lord, I pray for Taylor, and for Christina,

[41:36] and for Carey and Trey and Monica

[41:39] and Aaron and Tammy and Kurt and Becky.

[41:42] Lord Jesus, I pray that you will give them wisdom.

[41:44] I pray that you will open their eyes

[41:46] to see what's in front of them.

[41:48] I pray for unity in our community.

[41:50] I thank you, Lord Jesus.

[41:52] For the people that you have brought into my life.

[41:54] For the connections that I have made.

[41:56] And Lord, I just pray that you will protect Emporia,

[42:00] that you will put your hedge of protection

[42:01] over this land, Lord Jesus.

[42:03] I just pray that you know the outcome of all of this.

[42:07] Lord we know that it is in your hands

[42:09] and we trust you with our city.

[42:11] In Jesus's name, amen.

[42:12] Amen all right.

[42:14]

[42:19] Good afternoon.

[42:21] The rezoning authorizes the developer

[42:24] to do work on the properties.

[42:26] Oh, sorry.

[42:27] My name is Anna DeLong.

[42:29] The rezoning authorizes the developer

[42:31] to do work on the properties once they

[42:32] so much as install a hydrant.

[42:34] That is an investment made.

[42:36] After that point, it is too late for a moratorium.

[42:39] The developer knows this.

[42:41] Do you know this.

[42:43] This now.

[42:44] I asked Kurt for a moratorium.

[42:46] Twice Monica has been asked.

[42:49] Aaron has been asked.

[42:51] I mentioned to Becky Smith and Casey woods told me that it

[42:55] cannot happen until there is a developer

[42:57] agreement on the table.

[42:58] I don't believe that is true.

[43:00] If you approve the rezoning today, it is too late.

[43:04] Delay this.

[43:05] There is an ordinance ballot petition out for November.

[43:08] Please let us vote.

[43:10] The delay is not sufficient.

[43:11] It is full of permissive may language.

[43:13] We're told the developer agreement

[43:14] will address the issues.

[43:16] A dio can address these issues.

[43:18] It can absolutely be 40 pages.

[43:20] It should read like a utility agreement.

[43:22] The developer should expect this.

[43:24] Please send it back to zoning for review.

[43:29] Back to the rezoning.

[43:30] It's unreasonable.

[43:31] It does not support our comprehensive plan.

[43:34] If you would like to approve it, the plan

[43:36] itself must be amended with a 20% vote of support

[43:39] by the citizens, and that should be done before the rezoning

[43:42] can go through.

[43:43] These applications run contrary to our plan.

[43:46] Please follow our ELC plan and golden rule

[43:49] and deny the rezoning by approving

[43:51] would be setting a dangerous precedent that will change

[43:53] our city and County forever.

[43:55]

[43:58] Trey cocking is willing to take a 50/50 risk on this.

[44:02] Are you.

[44:03] It's your reputations.

[44:05] You are our elected officials.

[44:07] It's your city Please save us.

[44:11] Deny the rezoning and send the dio back for review.

[44:14] Thank you.

[44:15]

[44:27] Isabel Raleigh, 1019 West 7 Avenue.

[44:31] I did send an email this morning,

[44:32] but obviously that was coming in a little last minute.

[44:35] So I'm going to put out some highlights.

[44:37] I want to stay up front on the record

[44:38] that I am opposed to the rezoning of the 11

[44:40] tracks in their entirety pursuant to ordinance 2622,

[44:44] and it has been difficult to find

[44:45] the words to express my thoughts regarding this matter.

[44:48] How does one take the fear in their heart

[44:50] and translate it into a string of words,

[44:51] with the hope that it will touch another.

[44:55] Sorry technology is the new frontier,

[44:58] and I fear that we are seeing a resurgence of frontier

[45:00] mentality along with it.

[45:02] Those with power, money and time are eager to put themselves

[45:04] at the forefront of progress, often

[45:07] with little regard for those they may

[45:08] hurt on their way to get there.

[45:10] They want to acquire and amass resources at any cost,

[45:13] in order to shape the world into one that

[45:15] will benefit them the most.

[45:16] In this case, that means getting their hands on 1,000 acres

[45:20] of our land and turning around to sell

[45:21] it to the highest bidder.

[45:23] Land is important.

[45:24] It's the only thing that has been here before us,

[45:26] and the only thing that will remain when we are gone.

[45:29] Then that is what this current ordinance addresses.

[45:31] Correct the usage of land.

[45:33] Who gets to make the decisions regarding it.

[45:35] We are told the decision made today

[45:37] will not be approving a specific developer, individual

[45:39] or project, but I feel undue consideration is

[45:41] being made despite that claim.

[45:44] The 11 tracks.

[45:48] So sorry, I'm trying to scan this.

[45:50]

[45:53] It will change the layout of the neighborhood.

[45:57] The neighborhood is currently agricultural

[45:59] under the light industrial zoning that would allow

[46:03] for warehousing, storage, and wholesale

[46:05] of explosive volatile products, water well

[46:07] drilling, and low intensity manufacturing

[46:08] and processing with only a 60 foot setback.

[46:11] If they decide they don't want to do a data center

[46:13] and do different industry instead,

[46:15] right next to families, homes, yards.

[46:19] I'm so sorry, Becky, in your I'm so sorry in an article

[46:25] from the Gazette on January 9, 2018, you were quoted saying,

[46:28] I really want to make sure our independent entrepreneurial.

[46:30] Sorry, sorry.

[46:34] OK my name is Ivy Montgomery.

[46:40] I live at 1019 West 7 Avenue.

[46:42] Last time I appeared before you, I

[46:43] came here to plead for my life and my health

[46:46] and my safety and well-being.

[46:47] I'm here to echo that plea again today.

[46:50] Actually, I hadn't intended to come speak today,

[46:53] but apparently that's what I had to do just

[46:55] to be able to be in the room.

[46:57] It was my intent that if you decide to rezone the tracks

[47:01] to industrial, which will put people's health at risk,

[47:06] potentially, that I needed to be here so that I was in the room

[47:10] and that you knew I was here thinking about that.

[47:13] Because ultimately, at the end of the day, we're gambling.

[47:16] We're gambling with people's health

[47:18] and hoping that we get enough money to keep

[47:20] us going until the next time.

[47:23] What happens when we need more money again.

[47:25] Gamble again.

[47:27] Again again.

[47:30] I'm not sure how many agains I can see before I'll be no longer

[47:34] able to stand here on my own.

[47:36] When I took the day off, I really

[47:37] had hope to be sitting in the room

[47:40] when you all made your decision.

[47:42] And I am.

[47:43] Frankly, I can't help but feel that the city has not

[47:46] been the best host in the world for not having

[47:50] a venue with enough room for everybody

[47:51] to be here and be seen, because really,

[47:53] that's what I wanted today.

[47:56] Thank you very much.

[47:57] Thank you.

[47:57] All right.

[47:58] Take a bow.

[47:59] Is there anything you want.

[48:00]

[48:05] Good afternoon.

[48:05] My name is Monica Marcus, 1318 Neosho.

[48:10] Members of the commission and zoning administration.

[48:13] My name is Monica Marcus.

[48:14] I have lived in Emporia since 2013.

[48:17] My full adult life, I have actively chosen to stay

[48:20] and grow roots into this town.

[48:22] I have seen it change, grow, shrink, embrace the arts,

[48:27] lose beloved souls to a global lethal virus.

[48:31] I've witnessed disturbing offenses,

[48:33] and I have seen acts of fellowship

[48:35] that have left me with hope for our community's future.

[48:38] I am sad to say that the actions of the zoning and city

[48:41] commission have fallen into the former category for me

[48:44] as of late, but it can still be changed for the latter.

[48:49] I urge the commission and zoning administrator

[48:51] to deny the rezoning of tracks 1 through 11.

[48:54] I asked them to revisit the decision to further develop

[48:57] it to be more stringent for future protections,

[49:00] especially against data centers and battery

[49:03] energy storage systems.

[49:07] I do believe in progress and that Emporia needs it.

[49:10] However, this is not the way that a huge amount

[49:13] of our citizens want as progress for this town.

[49:17] That has been abundantly clear by the numbers of people who

[49:20] have taken hours of time away from their homes and families

[49:24] to attend and speak at these meetings in person.

[49:28] Surrounding cities, including those much more financially

[49:31] and culturally successful than ours,

[49:33] are putting on moratoriums and bans

[49:36] on data centers for their communities follow their lead.

[49:41] Emporia is less likely to recoup from a loss

[49:43] than these big cities with more resources than we have.

[49:48] Once rezoning has happened, our fate is sealed

[49:51] with a proven, dubious enemy.

[49:54] Are you the commission that dooms

[49:56] our town, our youth, our nature, our future for money.

[50:03] Thank you for your consideration.

[50:04]

[50:11] Molly Williams.

[50:12] 41 75.

[50:14] I'm here today to talk about the tax incentives

[50:17] that are being offered.

[50:19] When you ask the developers about these tax incentives,

[50:22] they kind of shrug the shoulders and say, well, it's the law.

[50:25] SB 98 was passed and so we're just following the law.

[50:29] I would like to talk about how that law was passed.

[50:31] The original bill presented to the legislature, SB 51, one

[50:36] was introduced by a representative of NetChoice,

[50:41] not a representative of the state of Kansas,

[50:43] the representative of a DC based tech company lobbying firm

[50:49] with multi-millions of dollars, whose stated purpose is to lobby

[50:54] against regulations for tech companies

[50:56] to the detriment of people.

[50:59] So they have lobbied for this law,

[51:02] which they are now citing as the reason

[51:04] for not having to pay taxes.

[51:06] Now, our federal representatives in DC

[51:09] have been bought and paid for by the tech industry.

[51:11] Our representatives in Topeka have been bought and paid

[51:14] for by the tech industry.

[51:15] And now I'm standing in front of people

[51:16] who I believe have also been bought and paid

[51:18] for by the tech industry.

[51:20] Now I want to know why a for profit company making billions

[51:25] of dollars should not have to pay the same kind of taxes

[51:27] that I have to pay the same politicians who have been bought

[51:30] and paid for want to make me believe that the people that I

[51:32] have to fear are people, poor people coming

[51:36] from other countries under cover of darkness to steal my job

[51:38] and not pay taxes.

[51:40] But the people coming in here under cover of darkness

[51:43] to steal my job and not pay taxes

[51:45] are multibillionaires from Silicon Valley,

[51:48] paying multimillionaires from Washington, DC

[51:52] to make laws that are favorable to them.

[51:54] And I would like for you all to tell us why these for profit

[51:58] companies should not have to pay property taxes

[52:01] and sales taxes the same way that a citizen of your city,

[52:06] have to do.

[52:07] Why is it OK for them to skip out on the taxes.

[52:12]

[52:16] And step on that road.

[52:18] OK snap clapping in the air.

[52:20] That is rude and disrupts.

[52:21]

[52:24] A good job.

[52:25]

[52:30] It was very clear at the beginning

[52:33] that each person is given their two minutes

[52:36] and we're trying to be respectful of that

[52:38] snapping, clapping.

[52:39] Any other rude comments or anything.

[52:41] We will ask you to leave.

[52:43] You've been warned and we're done.

[52:47] OK You're up.

[52:50] My name is alia Diaz.

[52:51] My address is on the paper.

[52:53] I've lived in Emporia all my life.

[52:55] Nearly all my life.

[52:56] Emporia is where my wife and I bought a home.

[52:59] I love it here.

[52:59] It's quiet and peaceful.

[53:01] Kansas is the center of Kansas, but the heart of it

[53:03] lies in the community of citizens

[53:05] who are fighting to keep Kansas beautiful and green.

[53:09] We've become a tourist spot during unbound and disk golf,

[53:12] and more importantly, the founding city of Veterans Day.

[53:15] I felt so good on the way over here,

[53:17] seeing all the no data signs and everyone's yards.

[53:19] We don't want this.

[53:21] Please table all decisions until after November election

[53:23] and let us vote.

[53:24] If you love kids you will table this also.

[53:28] We filled three rooms.

[53:29] That in itself should say something.

[53:31] I left this here.

[53:33] I want this put in my minutes.

[53:35] You guys all should be literally ashamed of yourselves.

[53:38] I'm sitting here.

[53:39] I sat on the third floor and watched as you just sit here

[53:43] non complacent, looking like you're bored and would

[53:45] rather be somewhere else.

[53:47] You get upset anytime somebody calls you out.

[53:50] When you want to be upset, do something.

[53:52] Listen to us.

[53:53] We're all here speaking.

[53:54] You've got news stations.

[53:55] We've came to every meeting we've been protesting.

[53:59] If this isn't going to benefit us,

[54:01] it's going to surely benefit you guys.

[54:03] Maybe you'll be able to have a better suit

[54:04] so your shoulders will fiddle in a little bit better,

[54:06] a little nicer.

[54:07] I don't know different things, but listen, this isn't it.

[54:13] And you got all of us here.

[54:15] We don't want it.

[54:16] You're going to put track 11 right there by Timmerman.

[54:19] There's a school right there.

[54:20] Don't any of you have children.

[54:22] Well, maybe grandchildren, some of them.

[54:24] But I'm just saying kids don't want this.

[54:27] The community don't want this.

[54:29] The only one who this stands to compensate or to get.

[54:31] What benefit from this is.

[54:33] Seems like you guys and we're all

[54:35] remembering this come election.

[54:37] Do what's right.

[54:40] All right.

[54:40] Next on the road.

[54:41]

[54:46] Waving at us distracts us.

[54:48] So I'm trying to focus on speakers.

[54:55] Don't look at us.

[54:58] Hi, guys.

[54:59] It's Madison Glover, 620 Oak Street.

[55:02] So this isn't just about the data center.

[55:05] When major decisions are made seemingly behind closed doors,

[55:08] it doesn't just affect you guys.

[55:10] It affects our people.

[55:13] My people.

[55:14] These are my people.

[55:15] The way you've gone about this makes it hard for people

[55:17] to trust their government.

[55:19] Trust people like me running as a candidate

[55:22] who truly wants to help our community and our people.

[55:26] If money is what is mattering right now.

[55:29] Then go to DC.

[55:31] But stop trying to corrupt our town with billion

[55:33] dollar special interests.

[55:35] You didn't invite anyone to the table

[55:37] until the last minute for this decision.

[55:40] You aren't listening to the people,

[55:42] but I'm here to serve as a reminder

[55:44] that the table belongs to the people.

[55:47] You are only borrowing the chair.

[55:49] Don't get that twisted.

[55:51] If you approve this, you'll be going against the people that

[55:54] voted you into those chairs.

[55:57] Put us in front of money.

[55:58] Put us in front of special matters.

[56:00] Put us in front of you.

[56:01] We who matter.

[56:03] We are the people.

[56:04] And the table belongs to us.

[56:05] Thank you.

[56:07] All right.

[56:07] Next up.

[56:10] Ask them to leave.

[56:13] Can I see chief.

[56:17] Will you ask, will you take the next person out that claps

[56:19] or anything, please.

[56:21] Thank you.

[56:22] Yes hi.

[56:23] I'd like to speak.

[56:24] I have a right to speak, so I'll come on.

[56:27] Jack come on.

[56:28] Jack that's my spouse.

[56:42] You'll be OK.

[56:43]

[56:50] So they have the ability to violate.

[56:52] Please don't hurt them.

[56:54] Come on, bro.

[56:55]

[57:01] Oh, yeah.

[57:01] There you go.

[57:02] There you go.

[57:03] Let him say.

[57:04]

[57:09] Let him say please.

[57:13] He can.

[57:14] He can be quiet.

[57:17] They can only.

[57:18]

[1:06:05] Do you wait for a minute.

[1:06:06] Are you allowed.

[1:06:07] Are we good.

[1:06:07] I think we're good.

[1:06:09] Here we go Yes All right.

[1:06:10] We'll call a recess for the meeting back at recess.

[1:06:16] My name is Jessica Danford.

[1:06:17] I am at 3532 West 20th Avenue.

[1:06:21] I'll be sticking to my script at first, and if I have any time,

[1:06:23] I'll add any additional comments.

[1:06:25] My comment today is to clearly speak

[1:06:27] in opposition of the zoning ordinances and DO as written.

[1:06:31] The zoning ordinances as presented are too broad.

[1:06:33] They were prepared and approved by people who did not

[1:06:36] seem to acknowledge a huge amount of public feedback,

[1:06:39] and even the concerns of city zoning commission members.

[1:06:42] The dio amendments do better at addressing citizen concerns

[1:06:45] than they had previously.

[1:06:46] They include written noise rules and lighting

[1:06:49] standards for the end user.

[1:06:51] However, it still leaves gaps that could leave the city

[1:06:54] and surrounding County vulnerable with my speech,

[1:06:57] I emailed this group this morning

[1:06:59] a document that includes a strong that includes

[1:07:02] strong baselines and solid potential improvements

[1:07:05] to the existing dio, including evidence for the effectiveness

[1:07:08] of the associated ideas.

[1:07:10] Please review that file as soon as possible.

[1:07:14] Voices votes.

[1:07:16] Accounting for and approving the dio amendments and the approving

[1:07:21] the zoning ordinances need to be tabled for today.

[1:07:25] Both need to be reviewed further with more comprehensive

[1:07:27] acknowledgment available facts.

[1:07:31] I am still of the opinion that you all want

[1:07:34] what's best for the community.

[1:07:36] I truly believe that.

[1:07:38] However, more needs to be done to keep the community voices

[1:07:41] and interest in the digital campus project in mind

[1:07:45] before moving further with approving any kind

[1:07:47] of developer or end user.

[1:07:49] Please, please listen to what's said today.

[1:07:53] Read what you are sent and engage with the voices

[1:07:55] of your constituents.

[1:07:58] Finally, I just would like to thank

[1:08:04] those of you who have responded to my inquiries

[1:08:07] regarding this issue.

[1:08:08] I know that based on what has happened just recently,

[1:08:12] among other things, there's been a lot of anger regarding

[1:08:15] all of this and I appreciate the continued engagement regardless.

[1:08:20] Thank you.

[1:08:22] All right.

[1:08:22] Are we on the road.

[1:08:25] Where are we at.

[1:08:26] Where are we.

[1:08:27] Where are we at.

[1:08:29] Are we still.

[1:08:29]

[1:08:32] Are we on the front row now.

[1:08:34] Yes no.

[1:08:35] Front row.

[1:08:35] Whichever end wants to start, I'll start.

[1:08:40] Christy Beckett, 1834 road F5.

[1:08:44] Several of you have heard Trey say

[1:08:46] that he doesn't operate on hopes,

[1:08:48] and that promises need to be in writing.

[1:08:50] I agree.

[1:08:51] A promise that a protection will be

[1:08:53] written into the later coming development agreement is hope.

[1:08:58] A protection written into the dio is fact.

[1:09:02] The most important point is this public protections

[1:09:06] and the ability to have basic livability in your own home

[1:09:10] or your own yard should not be left to a private negotiation

[1:09:14] where those protections can be traded, weakened,

[1:09:18] waived, or bought down.

[1:09:20] I emailed you specific changes to the dio that are needed

[1:09:23] to make this situation livable.

[1:09:26] I'm asking you to pull that email OPT, address those gaps,

[1:09:29] and make the changes right here, right now.

[1:09:33] I'm also asking you to deny the light industrial zoning

[1:09:37] for tracks 1 through 4, and the industrial zoning for tract 11.

[1:09:41] The problem is that staff use conditions around tracks 5

[1:09:45] through 10 to justify industrial zoning

[1:09:47] for another approximately 660 acres of unrelated land

[1:09:52] in tracks 1 through 4 and 11.

[1:09:54] I have reviewed the planning commission board of zoning

[1:09:57] appeals agenda packets prepared for this meeting,

[1:09:59] and the staff analysis that packet in that packet

[1:10:02] does not support the requested zoning changes.

[1:10:05] The packets own table on page 17 says tract 1 is surrounded

[1:10:09] by agriculture and single family zoning

[1:10:11] 3 and 4 are surrounded by AG.

[1:10:13] Their actual surroundings are pasture,

[1:10:16] farmsteads and estate homes.

[1:10:18] Yet page 19 calls them a natural extension

[1:10:22] of light industrial zoning.

[1:10:23] That conclusion contradicts the city's own evidence.

[1:10:27] Page 18 admits there's no identified end user.

[1:10:30] However, at the second planning commission meeting,

[1:10:33] Garrett Nordstrom confirmed that all options

[1:10:35] are in place to acquire the property upon rezoning.

[1:10:38] That means that this vote may enable

[1:10:39] the developer to consolidate hundreds of acres.

[1:10:42] Thank you.

[1:10:43] Thank you.

[1:10:44] Amanda Amanda Mendez, 1841 road f.

[1:10:48] I would like to the public to know that all commissioners

[1:10:50] received a letter in a document of revisions

[1:10:52] to the dio from a land use attorney involved

[1:10:54] in the development, implementation of zoning

[1:10:57] regulations in Kansas and in the litigation of challenges

[1:11:00] to zoning decisions.

[1:11:01] Since I only received confirmation

[1:11:02] from one commissioner about the receipt of those documents.

[1:11:05] I want to make sure that everyone understands

[1:11:07] that this commission was advised not to approve

[1:11:09] the rezoning or the dio today.

[1:11:11] I will also be submitting these documents for the record.

[1:11:14] Some of the shortfalls mentioned in the six page letter

[1:11:16] include, but are not limited to inadequate or missing

[1:11:18] regulations on the thermal impact on neighboring land,

[1:11:21] the scope and size of the development, water

[1:11:23] and electricity availability without shifting

[1:11:25] costs to existing ratepayers, and cost

[1:11:27] allocation of infrastructure repair,

[1:11:29] maintenance, and construction.

[1:11:31] One of the five questions in the letter states

[1:11:33] will the proposed text Amendment advance the interests

[1:11:35] of the city of Emporia as a whole,

[1:11:37] not solely those having immediate interest

[1:11:39] in the affected area in the proposed dio.

[1:11:41] There is consideration of only the developers and not

[1:11:44] adjoining landowners as having an interest

[1:11:46] in the affected area, which is unreasonable.

[1:11:49] While the city would benefit from having concise regulations

[1:11:52] that provide increased rules and reviews before the start

[1:11:54] of a project and quote, the proposed

[1:11:56] regulation fails to do that.

[1:11:58] It requires studies regarding traffic and thermal impact,

[1:12:00] noise pollution, water and electrical use

[1:12:02] and infrastructure, but does not provide

[1:12:04] any standards on how these studies should

[1:12:06] be applied to any project.

[1:12:08] Additionally, the application of predefined standards

[1:12:10] to an authorization to use land for a particular purpose

[1:12:13] under the city's zoning code is a quasi judicial act

[1:12:15] which must be conducted in a manner

[1:12:17] which allows public comment.

[1:12:18] Public protest petition and meaningful judicial review,

[1:12:21] which a negotiated agreement with the city does not do.

[1:12:25] There are many more points that I do not have time to explain,

[1:12:27] but commissioners, please consider

[1:12:29] the legal advice carefully.

[1:12:31] If you did your job, you've read what was sent to you

[1:12:34] as the city manager said to us adjacent landowners, it's 50/50.

[1:12:38] This could be the best thing for Emporia

[1:12:40] or the worst thing for Emporia.

[1:12:41] It's up to you to decide which one it will be.

[1:12:45] Next up.

[1:12:46]

[1:12:51] Doris Smith 13:28 road 170.

[1:12:55] Two minutes is not enough to address all the evidence.

[1:12:57] I've already sent you guys.

[1:12:58] I'm hoping that you actually at least skimmed it.

[1:13:02] There's undeniable proof of the cancers, the miscarriages,

[1:13:06] the dead babies, everything that I've sent

[1:13:07] over to you that is undeniable.

[1:13:10] Undeniable have you held somebody taking

[1:13:13] their last breaths from cancer.

[1:13:16] Have you lost a baby.

[1:13:18] You become a shell.

[1:13:20] Who do you think they're going to go after.

[1:13:22]

[1:13:24] Think about it.

[1:13:26] If I knew somebody knowingly killed my baby

[1:13:30] and I went home from the hospital empty handed.

[1:13:33]

[1:13:37] Just think about it.

[1:13:39] I have way more from where this came from.

[1:13:42] I know that nobody else has presented this anywhere else.

[1:13:46] So you don't realize what's going to happen

[1:13:49] if you push this through.

[1:13:52] All right.

[1:13:52] Next up.

[1:13:53]

[1:13:58] Eric Smith 13:28 road 170.

[1:14:02] I guess I'm here to today to say this seemingly obvious,

[1:14:05] which is that a bad deal is a bad deal

[1:14:07] no matter how you spin it.

[1:14:09] Like a lot of you sitting up there,

[1:14:11] I'm also a local small business owner, and as I'm sure

[1:14:14] many of you can agree with the fact

[1:14:15] that red flags in a business deal

[1:14:17] are indicative of the necessity to step

[1:14:21] away from that deal, regardless of any potential benefits.

[1:14:25] While the developer and I say that with finger quotes

[1:14:28] because depending on who is asking him,

[1:14:31] his story changes on whether he's actually a developer

[1:14:34] or not.

[1:14:35] He's trying to entice you with potential job

[1:14:37] creation, tax revenue, industrial,

[1:14:39] residential build outs, et cetera.

[1:14:40] The fact of the matter remains is

[1:14:42] that he has lied under oath about his involvement

[1:14:45] in this project, while also stating

[1:14:48] that he has never undertaken a center project before.

[1:14:51] Every single piece of this is a red flag.

[1:14:54] Would you hire a mechanic that has never worked on a car

[1:14:57] to work on yours.

[1:14:59] Would you hire a roofer to put a roof on your house

[1:15:02] if he's never done it.

[1:15:04] I'm curious, as to why we're even debating this.

[1:15:07] With all the pushback, consequences, litigation,

[1:15:10] health effects, and strain on utilities and resources,

[1:15:13] why is this even up for consideration because

[1:15:16] of a few potential jobs that it might create

[1:15:18] or because of some tax revenue.

[1:15:20] You fear potential litigation if you deny.

[1:15:24] Well, what about litigation if you proceed.

[1:15:27] All you have to do is spend five minutes

[1:15:29] researching all of the negative effects of data centers.

[1:15:31] And you can clearly see that this

[1:15:32] is not something that or you should want to be a part of.

[1:15:37] The time to stop this is now before it goes any further.

[1:15:40] The pros do not outweigh the cons.

[1:15:42] Individually, I believe all of you

[1:15:44] recognize this as exactly what it is a bad deal that you're

[1:15:48] just hoping is a good deal.

[1:15:51] Hope it is not a good business strategy.

[1:15:53] Thank you.

[1:15:54]

[1:16:01] David Claridge, 22 South commercial street, and I am also

[1:16:07] running for state representative for district 76,

[1:16:10] and I really look forward to making life hard for you

[1:16:14] when I get to the state house, because you removed

[1:16:17] my older sibling against the constitutional first Amendment

[1:16:20] rights.

[1:16:21] This is ridiculous.

[1:16:24] I have never seen politicians so abundantly terrible at their PR.

[1:16:30] It is insane.

[1:16:31] You had someone from the opposition removed for clapping

[1:16:37] because they enjoyed a speech.

[1:16:39] Another member made are.

[1:16:41] Are you so hard of hearing that you couldn't hear the speaker

[1:16:44] who was clearly talking louder than the individual

[1:16:47] clapping that.

[1:16:49] It's beyond me.

[1:16:50] But what.

[1:16:51] I'm not here to rag on you for that,

[1:16:53] I'm actually here to be your wrestling heel and canary

[1:16:56] in the coal mine, so I really recommend

[1:16:59] you listen to me chirping.

[1:17:01] You are setting up a political environment

[1:17:04] where it is very concerning where the future leads.

[1:17:10] I have a Bachelor of Science in political science,

[1:17:12] and one of my favorite things to look up

[1:17:15] was how governments failed, how they got opposed,

[1:17:19] and how revolutions got to the point that they got,

[1:17:22] particularly the French Revolution.

[1:17:24] And there was, funnily enough, somewhere in Tennessee, Athens.

[1:17:28] That is a favorite story of mine.

[1:17:29] I'm telling you right now, you are mirroring

[1:17:32] that part of history right now.

[1:17:35] And as someone who does not want to have

[1:17:37] their head chopped off or by a guillotine

[1:17:39] when I get to the state rep.

[1:17:41] Because bear in mind, there were plenty of French Nobles

[1:17:43] on the side of the opposition.

[1:17:45] They didn't discriminate.

[1:17:47] I'm asking you to table this until at least December.

[1:17:51] Allow a vote to commence and just let the people decide.

[1:17:55] Goddammit!

[1:17:56] what is so hard about that.

[1:17:59] Why do you have to be so fucking authoritarian.

[1:18:02] Please watch this.

[1:18:03] No thank you.

[1:18:04] Yeah all right.

[1:18:08] Oops all right.

[1:18:14]

[1:18:17] David thank you.

[1:18:22] Hi my name is Christy Christman.

[1:18:24] I'm a resident, and this is my tech right here.

[1:18:29] For me.

[1:18:30]

[1:18:32] The sound you're hearing is a very low frequency noise.

[1:18:35] Low frequency sounds have longer wavelengths

[1:18:38] and are often not picked up by decibel readers.

[1:18:41] It doesn't register as loud.

[1:18:44] Our audio has a limit on DBA, which is 55, which is pretty

[1:18:49] reasonable, but it doesn't regulate DVC, which is

[1:18:52] what you're listening to now.

[1:18:56] I'm taking this from ordinance number 2621.

[1:18:59] I just want you guys to listen to this.

[1:19:02]

[1:19:16] 24/7 Your backyard 5 point would be

[1:20:04] obvious is that it's going to be a problem

[1:20:08] for people that live there.

[1:20:09] But most importantly, I'd like you to look at the 12 items

[1:20:14] that Christie put on Facebook yesterday.

[1:20:18] And this would be one of the things

[1:20:19] that the dio should regulate, not

[1:20:21] just DBA sounds, but also DVC.

[1:20:24] There's hundreds of things that you guys need to look at.

[1:20:27] Thank you.

[1:20:29] All right.

[1:20:29] Next up.

[1:20:30]

[1:20:36] Hi thank you for listening.

[1:20:38] I'm Katie crook, 1826 road C I'm glad I

[1:20:41] don't have any of your jobs, so thank you for listening.

[1:20:44] I'm glad to piggyback off of have you.

[1:20:48] This is my son, John.

[1:20:50] He's 19.

[1:20:51] He has profound autism.

[1:20:54] Level 3.

[1:20:55] And if the Lorax speaks for the trees, I speak for John.

[1:21:01] So that's why I'm here.

[1:21:03] And so I have the great privilege and responsibility

[1:21:06] of speaking for him.

[1:21:08] He's 19, and he's the best human on the planet.

[1:21:11] He also faces many challenges, including level 3 autism.

[1:21:15] And I could talk a lot about him for a long time,

[1:21:18] but I want to tailor this to some issues

[1:21:22] that I don't hear a lot of people talking about.

[1:21:24] And that is the sensory nightmare

[1:21:26] that this could potentially bring to families like mine.

[1:21:29] I live close to one of the tracks for the proposed center.

[1:21:35] And how this impacts people with sensory processing or autism is

[1:21:41] don't think of it as a deficit.

[1:21:44] His brain works too well.

[1:21:47] OK, it can't filter out the sensory input

[1:21:51] that neurotypical brains can't, so you

[1:21:52] just have to imagine your senses being

[1:21:55] maxed out 100% of the time.

[1:21:58] And then he can't communicate when he's overwhelmed.

[1:22:01] So what that looks like is he then

[1:22:03] will be aggressive towards himself,

[1:22:05] or he can get aggressive towards other people.

[1:22:08] And this photo was photoshopped.

[1:22:11] But if it wasn't photoshopped, you would see a nice bruise

[1:22:14] right here that's always there because he has

[1:22:18] some self-injurious behavior.

[1:22:19] OK, so we live really close and I just

[1:22:23] feel like we bought our home with the intention

[1:22:27] of him always living with us.

[1:22:29] And he deserves the quiet, peaceful enjoyment

[1:22:32] of his home and the kids and the autism self-contained classroom

[1:22:34] at Timmerman due to.

[1:22:36] It's going to be rough.

[1:22:38] So thank you.

[1:22:39]

[1:22:41] Next up.

[1:22:42]

[1:22:46] My name is Darren Maley.

[1:22:47] I live at 9:45 Woodhall street.

[1:22:49] My husband and I are both from Emporio.

[1:22:50] We moved back from Hawaii in the fall of 2021,

[1:22:53] after spending a decade in the Kansas

[1:22:54] City Metropolitan area on both sides of the state line.

[1:22:57] We moved back from Korea to be close to our love,

[1:22:59] to have a cheaper cost of living.

[1:23:01] We're very compassionate and empathetic people

[1:23:02] who want the best for our family,

[1:23:04] as well as our neighbors and members of our community.

[1:23:07] Our neighbors are a church and my husband's best friend's aunt

[1:23:10] who is in her late 70s.

[1:23:11] To our left, we have a relationship

[1:23:12] with our neighbor across the street and down the street.

[1:23:15] They wanted to help pay for our son to get a basketball goal,

[1:23:18] because they seen him playing basketball in our driveway

[1:23:20] for hours alongside our neighbor,

[1:23:22] two homes down as a nonverbal autistic child.

[1:23:24] And sometimes he comes to our home.

[1:23:27] We have a good relationship with his parents

[1:23:30] and we always look out for each other.

[1:23:31] Our resources.

[1:23:32] My husband helps our neighbors and their loved

[1:23:34] ones with vehicle issues or literally anything.

[1:23:36] We all serve each other.

[1:23:38] We all help each other out and we do not want to leave.

[1:23:41] We have the home listed when we listened, when we took it down.

[1:23:47] And we realize that this is where we wanted to be.

[1:23:50] Our neighbors breathed a sigh of relief.

[1:23:52] They told us that they did not want us to go in with you.

[1:23:54] What kind of neighbors and members of your community

[1:23:56] do you want.

[1:23:57] You want members to protect and look out for each other

[1:23:59] because that is what we want.

[1:24:00] That is what we expect from our neighbors,

[1:24:01] because that is what they've always done.

[1:24:03] Our dogs got out and they called us and brought them back home.

[1:24:06] They didn't turn us in or drag us online.

[1:24:08] They looked out for each other.

[1:24:09] We look out for each other.

[1:24:10] So I ask you, will you look out for us.

[1:24:12] Will you protect us from this data center.

[1:24:14] When you look out for my 78-year-old neighbor and then

[1:24:16] non-verbally, will you protect them from

[1:24:20] the harm of this data center.

[1:24:21] This is not something my husband and I can do alone.

[1:24:23] It takes a village.

[1:24:24] So I ask the city commission.

[1:24:25] Will you be our village.

[1:24:27] Will you protect us.

[1:24:28] Will you table both of the items until after the November

[1:24:31] vote on item one.

[1:24:32] The data center, rezoning and item two rezoning with tracks.

[1:24:36] Thank you.

[1:24:39] Next up on the road.

[1:24:40]

[1:24:45] Howdy, y'all.

[1:24:47] It's almost 10:37 road 70 Kansas.

[1:24:50] I implore you all to put any and all data centers on hold,

[1:24:54] preferably shoot them down before they start.

[1:24:56] We're moving too fast as a city on something

[1:24:58] that has been proven.

[1:24:59] It's not healthy steps for cities, people, or livestock.

[1:25:02] Everyone here has brought up some great points

[1:25:04] against data centers.

[1:25:05] So I ask you to consider what ifs on the Pro side.

[1:25:09] On the good side, there's a chance

[1:25:11] that data centers could bring in some taxes in a few years.

[1:25:14] They won't steal all their water and they'll provide 515 jobs.

[1:25:18] All of that.

[1:25:18] The cost of 1,000 acres.

[1:25:20] And our city's health and trust.

[1:25:22] On the factual side, the data center corrupts health

[1:25:25] for people and livestock.

[1:25:26] They've been shown to sue, to steal water,

[1:25:28] and they've raised our electric Bills

[1:25:30] while lowering property values.

[1:25:31] Property values will provide no jobs.

[1:25:34] Please don't line people's pockets

[1:25:36] that don't even live here.

[1:25:37] I care about my health, my wife's health and

[1:25:39] our future Children's Health.

[1:25:41] Please side with the people of Emporia here.

[1:25:42] And don't flush the beautiful city and our beautiful Kansas

[1:25:45] land down the drain.

[1:25:46] And keep in mind that I. You're hosting

[1:25:51] us on Tuesday at 11 o'clock AM.

[1:25:53] I drove 20 minutes, took the day off

[1:25:55] to voice my opinion as there are many of my shoes who cannot.

[1:25:58] I've sat through hours of the previous two meetings,

[1:26:00] and I will sit and stand for more if it

[1:26:01] keeps Emporia data center free.

[1:26:03] Thank you so much.

[1:26:06] Thank you.

[1:26:07]

[1:26:11] Oh, John.

[1:26:14] Kurt Monica.

[1:26:15] Tammy I pushed real hard to get you here,

[1:26:18] so hopefully because I believed that you

[1:26:21] would listen to the people.

[1:26:23] And the people are speaking.

[1:26:26] There's so much that is unknown.

[1:26:29] Not only on your level, but everybody else on data center,

[1:26:34] solar farm, anything.

[1:26:36] There's so much to be learned, and there's

[1:26:39] so much that we can all learn together

[1:26:42] and maybe come to some point.

[1:26:46] Stepping back now, I know Emporia is in a pickle.

[1:26:52] We need the revenue.

[1:26:54] We've lost jobs.

[1:26:55] We lost factories.

[1:26:57] But I ain't 100% This is the answer, let alone the investors.

[1:27:04] Why did Nordstrom and Pinkston approached Coffey County.

[1:27:09] And why did Coffey County tell them to take a hike.

[1:27:12] Basically, there's a lot of unknown.

[1:27:17] I mean, the city attorney's doing probably best job.

[1:27:22] Givens is doing his best work, but we're

[1:27:25] up against some big time boys.

[1:27:27] We're not playing with mom and pop across the street.

[1:27:31] We're playing with big boys.

[1:27:33] They got more money to sink this town than anything.

[1:27:36] So now is your opportunity to do your best

[1:27:39] to try and shut this down.

[1:27:41] Listen to the people.

[1:27:44] Like I said, we are in Emporia, is in debt.

[1:27:50] I've looked at the financial.

[1:27:51] I've had some people from other.

[1:27:54] Well, I'm going to go ahead and say it.

[1:27:55] My sister was County clerk for Dickenson County for 2026 years.

[1:28:02] And she asked me, and you guys know who I'm

[1:28:05] talking about, not you three.

[1:28:07] You're here, you're new, you're getting thrown into the fire.

[1:28:11] But she asked me.

[1:28:12] She called me.

[1:28:13] She's Christian.

[1:28:14] She said, I won't stop you, but thank you.

[1:28:17]

[1:28:22] Robert Brooks 1336 37 verse 18.

[1:28:27] It's been an intense hour and a half so far,

[1:28:29] and looks like you guys have more.

[1:28:31] So I'll give you 10, 15 seconds.

[1:28:33] Just take a deep breath with me.

[1:28:35]

[1:28:39] We are in your community.

[1:28:41] I have been here forever.

[1:28:44] You guys have been here as long as I can remember.

[1:28:46] I think a lot of you have lived here your whole lives.

[1:28:48] Do not forget, we are your community and your ours.

[1:28:54] There's a lot of hot tips about this whole thing.

[1:28:59] And I think we share the idea that we wish

[1:29:02] we could have avoided that.

[1:29:03] It's a sorry thing to have had happened,

[1:29:08] but we're not losing sight of that.

[1:29:11] You're our friends.

[1:29:12] You're our neighbors.

[1:29:13] You're our family just as much as anybody

[1:29:16] sitting back here on the other side.

[1:29:18] Shake your hands.

[1:29:19] But I understand that whole thing.

[1:29:21] But I do like stories.

[1:29:24] Where in Kansas, it's always cowboy stories, whether it's

[1:29:29] the new sci-fi stuff or even more

[1:29:32] I think we know how those stories go.

[1:29:35] We all kind of grew up with them on TV and stuff, and.

[1:29:41] We know what the guy with the Bowler hat and the mustache

[1:29:46] looks like.

[1:29:47] What Farm folk.

[1:29:49] We know who they are.

[1:29:50] We know how those stories go.

[1:29:53] We're all going to tell the story of how

[1:29:55] this happened to our kids.

[1:29:57] Our kids are going to tell it to the grandkids.

[1:30:00] They might write books about it.

[1:30:01] They might be a movie someday.

[1:30:04] Who are you guys going to be.

[1:30:08] How does that story play out.

[1:30:10] Because you're the ones that are writing the script.

[1:30:13] On our behalf.

[1:30:15] You guys are going to decide how this ends.

[1:30:18] Please let us do this together.

[1:30:21] Thank you.

[1:30:23] Thank you.

[1:30:25] Anyway, back to the front row.

[1:30:27] Front row.

[1:30:27] Whichever one.

[1:30:28] Whichever lady would like to go first.

[1:30:30]

[1:30:32] OK my name is Christina Grayson.

[1:30:34] I live at 902 road, 260 Americus,

[1:30:37] and I am opposed of this.

[1:30:40] And I came looking at the agenda today of what is on the docket

[1:30:46] to even speak about.

[1:30:48] And I feel that even by you guys of addressing

[1:30:52] the water, the zoning and the rezoning of these areas,

[1:30:57] I think that I've also lived on Highway 99,

[1:31:00] where there is only well, water and there is no infrastructure

[1:31:04] being able to go in that direction between the rivers

[1:31:07] or past the rivers in that area to be able to expand the water.

[1:31:11] And those people who are only being able to live by, well

[1:31:15] water.

[1:31:16] You're taking out their livelihood to be

[1:31:18] able to maintain to live there.

[1:31:22] And I know you guys have done a really great job

[1:31:26] for representing Emporia and I feel

[1:31:30] that I'm not disrespecting anything that you

[1:31:33] guys have done in the past.

[1:31:35] But I do ask that you listen to the people

[1:31:37] and you have been presented with a lot of stuff.

[1:31:39] Thank you.

[1:31:41] All right.

[1:31:41]

[1:31:45] Pauline Hancock 644.

[1:31:48] What has happened to this democracy.

[1:31:51] A government of the people, by the people, and for the people,

[1:31:54] as Lincoln stated in the Gettysburg Address.

[1:31:56] Are you listening to all the people of emporia?

[1:31:59] Is Emporia a democracy, or.

[1:32:00] It has become an autocratic where decisions are

[1:32:04] imposed without public consent.

[1:32:07] Why should five commissioners make this decision

[1:32:10] instead of having the people of Emporia vote

[1:32:12] on such a proposal with this magnitude.

[1:32:16] This decision does not only affect the city

[1:32:18] employee, but the whole County.

[1:32:19] I've spoken to a lot of people in Emporia,

[1:32:21] in Lyon County that are distressed by this issue,

[1:32:24] since the neighboring towns get their water

[1:32:26] and electricity from employee, directly or indirectly.

[1:32:30] Your decisions could affect their health

[1:32:32] as well as their utility Bills.

[1:32:34] You have deeply upset a lot of people far and wide

[1:32:37] in the community, with the possibility of this data center

[1:32:41] as landowners adjacent to these plots,

[1:32:43] we have done nothing wrong and are

[1:32:45] having to fight for the right to keep our homes safe.

[1:32:48] These are not just houses, they are homes.

[1:32:51] You have robbed my time as well as my fellow landowners

[1:32:55] this summer because of what you are proposing.

[1:32:57] I have no voice in this city.

[1:32:59] But you were elected to represent the people of Pawnee.

[1:33:02] Are you listening.

[1:33:04] Are you using this position as leaders of integrity

[1:33:07] and representing the wishes of the constituents.

[1:33:11] Are you listening with open minds and hearts.

[1:33:14] Can you assure us that the data center

[1:33:16] will not affect the water.

[1:33:18] Even the governor Kelly has addressed

[1:33:20] the problem of insufficient water in Kansas.

[1:33:22] Can you assure us that the noise from the data center

[1:33:25] will not harm our.

[1:33:27] Our life, our animals and us.

[1:33:29] And what about the emissions and the air that we breathe

[1:33:32] and the effects of the economic ecosystem.

[1:33:34] By taking out 100 or 1,000 acres of mostly Native prairie.

[1:33:40] Please override these recommendations

[1:33:42] and stop it now until we have the assurances that we need.

[1:33:45] I pray that you will, with a clear conscience,

[1:33:48] you can vote and hold these, and you will be held accountable.

[1:33:52] Thank you.

[1:33:55] That's it.

[1:33:57] Go once.

[1:33:58] Twice then.

[1:34:00] OK we'll move on to our agenda.

[1:34:02]

[1:34:07] First up is resolution 3795, adopting a large volume

[1:34:10] water service policy.

[1:34:14] Thank you, Madam Mayor and commissioners.

[1:34:17] This is the first of two policies

[1:34:21] for your consideration today.

[1:34:22] And it is part of the framework and structure that you have

[1:34:28] rightfully undertaken to ensure that as development and industry

[1:34:33] approaches the community for opportunities

[1:34:37] to help Emporia grow, we can ensure that we're safeguarding

[1:34:43] our resources, both the capacity that we have to serve, but also

[1:34:49] to serve the community, and additional growth

[1:34:54] and development to keep a diversified economic base.

[1:34:57] Can I stop you right there.

[1:34:59] Can you please reiterate this is long overdue for the whole city.

[1:35:03] This has nothing to do with East, Northwest.

[1:35:05] This has to do with consumption for a very long time

[1:35:09] and capacity of both your water and your wastewater systems,

[1:35:13] so that you can prudently plan and ensure that as industry

[1:35:19] approaches the community, we're not overcommitting

[1:35:23] and we're also structuring it in a way

[1:35:26] that with this first item here, we have 12 specific references

[1:35:32] that discusses infrastructure allocation

[1:35:35] and safeguarding the existing ratepayers to where

[1:35:38] the benefiting applicant or large volume user, whether it's

[1:35:42] water or wastewater, is not the one paying

[1:35:46] for these improvements, but the benefiting customer who's

[1:35:50] doing so.

[1:35:52] So what we have here is proposed resolution 3 3795

[1:35:56] adopting a large volume water service policy.

[1:36:00] The purpose, again, is to establish

[1:36:02] a comprehensive framework so that we can evaluate and assess

[1:36:07] these large users and to develop a consistent framework

[1:36:13] that aligns with industry best practices.

[1:36:16] Kansas law.

[1:36:17] And it's been developed through and refined

[1:36:22] by multiple appearances before you, most recently

[1:36:26] at the July 1 meeting.

[1:36:29] This proposal provides a framework that.

[1:36:32]

[1:36:35] Puts the existing utility first, and safeguarding our resources

[1:36:41] and our existing economic rate paying base

[1:36:44] as our primary foundation.

[1:36:48] So we're recommending that you consider the proposed policy

[1:36:51] and this resolution adopting the large volume

[1:36:54] water service policy that establishes this framework.

[1:36:58] And so it also provides consistency

[1:37:01] and uniformity so that we're not just

[1:37:04] having an ad hoc consideration.

[1:37:07] And it ensures that it's uniformly applied.

[1:37:10] And that we are able to also specifically address

[1:37:17] each individual industry because each is a unique contributor

[1:37:23] to the wastewater system, as each

[1:37:25] is a unique draw from our existing water utility usage.

[1:37:30] So we have to look at everything in totality.

[1:37:34] And that's what this framework before you for the water

[1:37:37] and the wastewater coming up does.

[1:37:39]

[1:37:43] Simply put, these two sentences give you

[1:37:46] a summary of what that policy does,

[1:37:48] which again is that framework.

[1:37:50] It protects the financial stability of our existing

[1:37:53] utility, provides operational reliability

[1:37:56] to our existing customers.

[1:37:57] It conforms with our legal and regulatory

[1:38:00] as well as providing for long term planning.

[1:38:04] And it's through individual service agreements

[1:38:07] or with full cost recovery, financial assurances

[1:38:10] and requirements that has whether it's phased or in one

[1:38:15] fell swoop, that clearly has an administrative framework

[1:38:19] and in an analysis complete with engineering assessments.

[1:38:24] Large scale impacts from both the initial proposal.

[1:38:29] But if it's a campus or phased development,

[1:38:32] you're taking that in totality going forward.

[1:38:35] And we're also ensuring that the service demands are not shifted

[1:38:39] or allocated the burdens of serving these customers

[1:38:43] to our existing utility customer base.

[1:38:46] Again, this is reiterated at least 12 instances

[1:38:50] in your water policy here.

[1:38:53] So the purpose.

[1:38:54] And again establishes this framework.

[1:38:56] And why do we have that.

[1:38:57] Because it's the foundation that ensures

[1:39:00] that these large projects are evaluated consistently

[1:39:03] and fairly, while preventing financial burdens

[1:39:05] or operational impacts that could

[1:39:07] be detrimental to serving our existing customer base

[1:39:11] or providing long term burden to the utility.

[1:39:16] Oops, sorry.

[1:39:17] Phase two.

[1:39:17]

[1:39:20] OK Section 3 is the applicability.

[1:39:29] And it provides the standards that

[1:39:34] allow for us to consistently administer the policy

[1:39:38] and preserve flexibility to these individual projects

[1:39:41] that we discussed in our item kickoff.

[1:39:44]

[1:39:47] We have a classification rate structure that is individualized

[1:39:53] in our individual service agreements,

[1:39:55] with a cost of service rate basis

[1:39:58] that will recover all of these direct and indirect costs.

[1:40:01] And we have that because again, protects our existing utility

[1:40:06] customers by ensuring that growth pays for growth

[1:40:08] and that the beneficiary, benefiting applicant or industry

[1:40:13] will be the one paying for it.

[1:40:16] So we're minimizing and reducing, if not completely

[1:40:19] removing any sort of.

[1:40:20] Subsidization of that infrastructure.

[1:40:23] And that is, again reflected in these rates.

[1:40:28] And should have little to no impact

[1:40:32] on our existing customers.

[1:40:35] Other than that we are widening the base, which overall in time

[1:40:38] tends to reduce costs to existing stakeholders

[1:40:43] or customers in the system.

[1:40:47] Section 5 addresses our water service agreements,

[1:40:49] and that requires that every large volume

[1:40:52] customer that meets that criteria in applicability

[1:40:55] has one of these.

[1:40:57] It establishes the service commitments,

[1:40:59] the duration of our contracts, the minimum monthly billing

[1:41:02] obligations.

[1:41:04] And it also addresses phase development

[1:41:06] provisions should they apply.

[1:41:08] And then if there are unique or specific provisions that

[1:41:12] need to be addressed, it's also included at that time,

[1:41:15] and we have a minimum contract term of not less than 10 years.

[1:41:21] And I say or longer, because oftentimes you have a 20 year

[1:41:26] debt obligation related to the financing

[1:41:30] of public improvements.

[1:41:32] And so that's why we have that there.

[1:41:34] And then we have a minimum monthly billing allocation

[1:41:37] that shows that 75% of that baseline commitment

[1:41:40] will be addressed.

[1:41:42] And then we also have the flexibility of the commission

[1:41:45] to be able to tweak or to waive that,

[1:41:47] because there are some unique instances where say,

[1:41:50] that 10 year time frame may not necessarily fit.

[1:41:53] So we wanted to again, not have a cookie cutter approach,

[1:41:57] but give us a standardization of the process

[1:41:59] and still afford flexibility as we're

[1:42:04] able to meet the needs of our existing payers,

[1:42:09] but also the ratepayers that in industries

[1:42:12] that are coming on board.

[1:42:14] And this is one that I know we've

[1:42:16] talked about quite a bit in section

[1:42:18] 6, which is our infrastructure and our capital

[1:42:21] cost responsibility.

[1:42:22] And that's where we're actually requiring the customers to fund

[1:42:25] the infrastructure that serves their development,

[1:42:28] and assigning that responsibility

[1:42:30] to those privately owned facilities

[1:42:32] and defining the ownership as far as what's public utilities

[1:42:36] versus the private beneficiary.

[1:42:39] And this makes certain that project specific capital cost

[1:42:42] is financed by those benefiting.

[1:42:45] So it's further protecting the existing customers

[1:42:49] and our utility finances so that we're able to forego or minimize

[1:42:58] the incremental cost.

[1:43:00] The inflationary costs that occur across time that do cause

[1:43:05] for are necessary for cause for increases in our utility rates

[1:43:10] over time.

[1:43:11] So we're minimizing that impact as well.

[1:43:15] And again, the financial assurance and entity

[1:43:18] responsibility or responsibility.

[1:43:21] And that's where we're performing

[1:43:27] detailed financial analysis and getting security whether it's

[1:43:32] through performance bonds.

[1:43:36] Different aspects to secure it as eyes

[1:43:40] the cost of the improvements that we're making to our system

[1:43:45] so that we're essentially holding collateral

[1:43:47] to be able to ensure that the city is made whole

[1:43:51] in the event of some sort of default.

[1:43:55] So this requires minimizing our exposure

[1:44:00] and reduces that potential long term impact.

[1:44:04]

[1:44:07] Early termination and default. This is standard language,

[1:44:12] and it essentially protects the city's investment

[1:44:15] by providing the process that we utilize,

[1:44:19] which is, of course, Kansas law for how this would occur,

[1:44:23] assignability, et cetera.

[1:44:25]

[1:44:29] Item is our system capacity review,

[1:44:32] and that's where we talk about if we have

[1:44:36] a 15 million gallon a day water treatment plant

[1:44:41] and we currently are using 10.

[1:44:45] Do we then have an industry that comes in, even if it's not

[1:44:50] five or more, if it would cause significant inflow or the need

[1:44:56] to have additional production.

[1:44:57] And at that point, if we're taking our reserve

[1:45:00] or when Jack was giving the analysis in our last study

[1:45:04] session of a tachometer, where you've

[1:45:06] got your green and your yellow, low orange and red.

[1:45:09] So we want to make sure that we're

[1:45:11] avoiding that orange and red and even getting

[1:45:14] too far into the yellow.

[1:45:16] So that's what this portion of the system capacity

[1:45:20] review analyzes and assesses and requires us

[1:45:23] to do by adopting this policy.

[1:45:27] And then again, conservation and efficiency.

[1:45:30] This essentially says that whether it's.

[1:45:35] Curtailment or reduction, we can apply that

[1:45:40] to as we can across the board if we're

[1:45:43] in a Water Watch or a water emergency

[1:45:46] due to drought or whatever, that they have to comply

[1:45:49] with those provisions as well.

[1:45:52] And then, of course, reservation of rights.

[1:45:54] And when you get into these tail end things,

[1:45:56] I'll defer to our city attorney on these issues.

[1:46:01] But this reduces our exposure by giving us the ability

[1:46:05] to have project specific tailoring to ensure

[1:46:10] that we're safeguarding our ratepayers

[1:46:12] and our public interests.

[1:46:15] And just again, provisions for flexibility

[1:46:17] to obtain the technical expertise

[1:46:19] that we need in order to study these applications that

[1:46:23] come before us.

[1:46:25] And then in section 7 of the policy,

[1:46:27] it discusses how those costs are apportioned and spread

[1:46:31] so that the city itself isn't incurring the costs,

[1:46:35] but that of the applicant, who is even a potential large volume

[1:46:43] customer.

[1:46:45] And then interpretation is more legalese

[1:46:48] as far as the enforceability and how

[1:46:51] we're applying those specific provisions for federal,

[1:46:54] state, and local law.

[1:46:58] And what this shows, and we showed you this in a couple

[1:47:01] of our presentations.

[1:47:02]

[1:47:06] And this top.

[1:47:08] The top flowchart is just a standard one

[1:47:11] and done kind of application for a single site.

[1:47:14] And what that would do.

[1:47:15] So we would have the application receive that application.

[1:47:18] We would then conduct that capacity review,

[1:47:21] that engineering analysis, as well as the financial assurance

[1:47:26] assurances and the financial review,

[1:47:29] taking that into the capacity, developing a service agreement,

[1:47:33] which is approved by the commission and is,

[1:47:36] again, something that would be a public meeting.

[1:47:42] And then the commission would have approval

[1:47:45] once the service agreement is finalized, to

[1:47:49] that unique, specific industry.

[1:47:51] Now, the master plan or the campus style

[1:47:54] is one that once we receive that, then

[1:47:58] we have to look at each phase and then that is evaluated.

[1:48:04] Let's say we approve phase I. Then at that point,

[1:48:09] we would receive, say, a second phase or a second new facility.

[1:48:13] Then we take that request and when

[1:48:16] we're doing the initial assessment,

[1:48:17] we look at it in its totality.

[1:48:20] And then we also look at each of the individual phases

[1:48:23] and components to serve that and then compare

[1:48:26] to that initial baseline to say are

[1:48:28] where we thought we would be.

[1:48:31] Yes or no.

[1:48:32] And of course, if there's a variance why.

[1:48:34] So this is just simply showing that we are looking at each one

[1:48:38] independently yet again in totality, when we receive

[1:48:42] that initial application and review and then again update

[1:48:48] that comprehensive review of all of your phases

[1:48:51] and then approve if we have that sufficient capacity.

[1:48:55] So we want to say to that approval of a master plan

[1:48:58] project doesn't reserve ultimate build out capacity at all,

[1:49:02] and future phases do require that

[1:49:06] updating that same financial.

[1:49:07] Assessment and analysis and the capacity

[1:49:09] review for consideration and approval by.

[1:49:12] The governing body.

[1:49:13]

[1:49:16] And why do we want to have this policy.

[1:49:19] Much of what Mayor Smith asked at the beginning

[1:49:23] of this item and that.

[1:49:24] It protects the existing utility customers.

[1:49:27] It supports responsible, prudent economic development,

[1:49:32] protects our financial integrity of our utility,

[1:49:36] and preserves our system capacity and reliability,

[1:49:39] and provides fair and equitable cost allocation

[1:49:42] to both our existing users and future users,

[1:49:45] as well as the applicant themselves.

[1:49:47] And then, because it is a public review

[1:49:50] throughout the entire process, and we forget too, that we have

[1:49:53] a development process and that zoning is actually

[1:49:57] a preliminary step in that process

[1:50:01] before the actual decisions and items start getting made.

[1:50:06] And when you're looking at commercial and industrial

[1:50:08] development, zoning is something that is in place before you even

[1:50:13] approach or you are approached by certain vendors and industry.

[1:50:20] So they want to make sure that is already in place.

[1:50:23] So what we're doing here is also improving not only

[1:50:28] the consistency and the uniformity,

[1:50:30] but that transparency and a solidarity in how we approach

[1:50:39] each individual step of that review process

[1:50:42] so that it's uniform.

[1:50:45] So what we're requesting is that you consider approving

[1:50:49] resolution 3795 for this large volume of water service

[1:50:54] policy that protects the existing ratepayers,

[1:50:57] strengthens the financial stability and sustainability

[1:51:00] of the city's water utility, and preserves system capacity,

[1:51:04] and provides for a consistent framework

[1:51:05] for supporting responsible, prudent economic growth.

[1:51:08]

[1:51:12] I'd like to make a motion to approve resolution number 3795,

[1:51:17] adopting the city of Emporia large volume water service.

[1:51:20] I second the motion and a second for resolution

[1:51:22] 3795, adopting a large volume of water service policy.

[1:51:26] Any other questions for Brian.

[1:51:28] Appreciate your work on this.

[1:51:29] Thank you.

[1:51:30] Good job.

[1:51:31] It's been a team effort across the board from the manager

[1:51:34] on down.

[1:51:34] And also would like to thank our utility plants

[1:51:38] Manager Jack Mason who's also played.

[1:51:42] Can you just hit on what the existing

[1:51:45] is with existing businesses.

[1:51:47] This is only going to affect new projects, new projects.

[1:51:50] And in fact, we only have one existing customer

[1:51:55] that would even qualify currently

[1:51:56] and that customer is on its own development agreement currently.

[1:52:01] So this policy doesn't pertain.

[1:52:04] But if they do come to us with an expansion, which we know

[1:52:09] is actually in consideration, at least

[1:52:12] conceptually, because they plan years and decades in advance.

[1:52:17] But having this on the books already

[1:52:20] is one of those reasons why.

[1:52:21] Because this would pertain to any sort of facility and they

[1:52:24] could fall under this umbrella.

[1:52:26] Correct yeah.

[1:52:28] OK yeah.

[1:52:31] It's been motion and seconded for resolution 3795.

[1:52:34] All in favor, say Aye.

[1:52:35] Aye Motion passes 5 0.

[1:52:37] All right you're up next.

[1:52:38] 37 96.

[1:52:39] And this one will be much more brief.

[1:52:43] A lot more brevity.

[1:52:44] I do want to say that in this instance,

[1:52:47] with respect to the wastewater policy and resolution 3796,

[1:52:52] this policy also has that same safeguard for.

[1:53:00] Call it equitable payment of infrastructure

[1:53:03] toward the benefiting user.

[1:53:06] But we have it actually cited 15 different times in this one

[1:53:11] in multiple sections.

[1:53:13] So we want to reiterate that is obviously being imperative.

[1:53:17] And so what this policy does is have a comprehensive governance

[1:53:22] framework that evaluates the impact of these large wastewater

[1:53:27] users.

[1:53:28] And we also want to when we talk wastewater,

[1:53:30] we often use the phrase water and wastewater

[1:53:32] because you have to have water flow in order to be

[1:53:36] able to process wastewater.

[1:53:38] So we want to again, protect the financial stability

[1:53:41] of the utility, improve or retain operational reliability,

[1:53:46] conform to the legal and also have our long term

[1:53:50] sustainability, which isn't just environmental,

[1:53:52] it's also financial and being good stewards for our time.

[1:53:57] And so we do that through these individual service agreements

[1:54:00] with full cost recovery and the items

[1:54:02] that we discussed previously.

[1:54:06] The purpose is the same, and it benefits us

[1:54:09] by preventing the financial burdens

[1:54:10] and operational impacts from being transferred

[1:54:12] to the existing ratepayer.

[1:54:14] The legal sufficiency and rate of authority

[1:54:17] also reduces that same risk, and clearly distinguishes

[1:54:21] between the framework being applied to the existing

[1:54:27] user and their unique position, while again safeguarding

[1:54:31] the existing ratepayer.

[1:54:35] This applies to applicants for service or development

[1:54:41] with an anticipated wastewater flow.

[1:54:45] Also look at and analyze the discharge characteristics

[1:54:49] of the industry.

[1:54:51] What infrastructure needs are required

[1:54:53] to serve that industry, both currently

[1:54:56] as well as not just new installation,

[1:54:59] but the cost of maintenance.

[1:55:01] And the system impact the operational requirements for us

[1:55:06] to meet that.

[1:55:07] We also look at the potential impact on our entire utility

[1:55:10] system and also study that financial wise and what

[1:55:15] that cash flow look like.

[1:55:17] And then pattern that individualized

[1:55:19] contractual arrangement to meet that.

[1:55:21] Because if we need to have pretreatment or something that's

[1:55:29] specific, that requires extra steps,

[1:55:31] and we want to make sure that their rates that are developed

[1:55:36] accommodate that so that we're not creating

[1:55:38] a deficit somewhere else.

[1:55:42] The classification as far as qualifying

[1:55:44] to be this large volume wastewater service customer,

[1:55:47] it again, requires US individual service agreement that's

[1:55:51] approved by the governing body in an open meeting,

[1:55:55] and has those same cost of service rate

[1:55:58] protections to recover all the direct and indirect costs

[1:56:01] associated with serving the customers.

[1:56:03] And that is literally that second half of the sentence

[1:56:06] is lifted right out of the agreement

[1:56:08] that we're proposing for you.

[1:56:12] And we look at the impacts again,

[1:56:16] but also we structure these unique to that situation

[1:56:21] so we can utilize that volumetric wastewater,

[1:56:24] the treatment surcharges, strength

[1:56:26] based inputs, the industrial pretreatment fees, whatever.

[1:56:30] We need to be able to ensure that we're capturing that cost.

[1:56:33] It's identified and relayed here again, the service agreements,

[1:56:38] it's based upon the anticipated wastewater flow and discharge

[1:56:42] characteristics of the project.

[1:56:44] But we also again reflect that same structure

[1:56:49] from the water with that 10 year minimum,

[1:56:51] but also having it specific to the project 6 again,

[1:56:57] you've seen this before, just a section to itself

[1:57:01] for the cost and the burden being

[1:57:03] on the benefiting property.

[1:57:05] Same financial assurances that go into this.

[1:57:08] And the requirements are again with alignment in alignment

[1:57:14] with our water policy.

[1:57:17] Same with termination system capacity review.

[1:57:19] This is a little more nuanced and complicated than the water,

[1:57:23] in that we also have to look at our water supply but also

[1:57:26] the environmental impact.

[1:57:28] And then what are the unique characteristics,

[1:57:32] whether it's PFAS or emerging characteristics that we know

[1:57:36] are coming down.

[1:57:36] So we have the flexibility in language

[1:57:38] that if there are provisions that come in that are affected

[1:57:43] by an applicant that would say approved 10 years previously,

[1:57:46] and it's a 20 year agreement.

[1:57:48] Then we can then look at requiring

[1:57:52] those changes or investments to be made by that industry.

[1:57:58] This again gets into authorizing us to invoke conservation,

[1:58:05] reuse, efficiency measures, whether that's

[1:58:08] industrial pretreatment on site or just off site

[1:58:10] in the right of way, discharge permits,

[1:58:13] compliance requirements.

[1:58:15] The same thing that we were talking about earlier, as far

[1:58:17] as the PFAS, the contaminants concerning

[1:58:19] those emerging contaminants of emerging concern.

[1:58:23] We just tried to be as specific, yet give us the ability

[1:58:30] to be flexible because things change over time and something

[1:58:34] that is an issue now.

[1:58:37] Folks were unaware of what microplastics were 10

[1:58:41] years ago, for the most part.

[1:58:42] And now everyone's aware.

[1:58:45]

[1:58:47] Reservation of rights.

[1:58:49] These are all identical to exactly what we covered

[1:58:51] in our water, and showing that this process is exactly

[1:58:55] as the process that you considered for the water

[1:58:58] as well, that we look at them both in totality,

[1:59:03] but then standalone for each phase,

[1:59:05] without actually reserving that ultimate

[1:59:08] build out right for proposed phases into the future.

[1:59:14] Again, the same benefits, and what we're requesting

[1:59:17] is the adoption of this resolution, 3796,

[1:59:22] for the large volume wastewater service policy.

[1:59:26]

[1:59:29] I'll make a motion to approve resolution number 3796,

[1:59:34] adopting the large volume waste service policy.

[1:59:37] Second Motion and second for resolution 3796,

[1:59:40] adopting the large volume wastewater service policy.

[1:59:43] Any other questions for right up to that.

[1:59:47] I had a request for.

[1:59:50] Can we take a break.

[1:59:53] Yeah, sure.

[1:59:54] How long do you need for the rest 5 five.

[1:59:59] Two 5 5 five.

[2:00:01] Soon as we get back.

[2:00:01] Five minutes.

[2:00:02] We get back.

[2:00:04] Go ahead.

[2:00:06] That's for five minutes.

[2:00:07] Seven minutes.

[2:00:08] Second 102102102.

[2:07:16] Up next.

[2:07:16] Step three ordinance 2021 amending the zoning regulations.

[2:07:20] Justin Bukowski, Mayor, Mayor, if I may, before Justin

[2:07:27] discusses the ordinance, I'd like

[2:07:30] to provide a brief overview of the zoning matters that are

[2:07:33] before the Commission today.

[2:07:34] The commission is being asked to consider three separate

[2:07:37] but related land use decisions concerning

[2:07:40] digital infrastructure development

[2:07:42] or potential development.

[2:07:44] Rather, the first ordinance before you, ordinance 2621,

[2:07:50] is a proposed text Amendment to the city's zoning regulations

[2:07:54] that would establish a new digital infrastructure

[2:07:57] overlay district under the Kansas planning and zoning act.

[2:08:01] The legislature has delegated authority to adopt and amend

[2:08:05] zoning regulations to the city's governing

[2:08:08] body, which in our case is the city commission.

[2:08:11] In developing the proposed text Amendment, staff reviewed

[2:08:14] the city's existing land use regulations,

[2:08:17] researched regulatory approaches adopted by other jurisdictions,

[2:08:22] consulted with utility providers, developers,

[2:08:25] other stakeholders and the public,

[2:08:28] and presented those findings and recommendations

[2:08:31] through the planning commission process,

[2:08:33] the planning commission considered whether the city

[2:08:36] should adopt regulations specifically

[2:08:38] addressing digital infrastructure development.

[2:08:41] Whether an overlay district is the appropriate regulatory tool,

[2:08:46] and what standards and review procedures

[2:08:49] those regulations should include.

[2:08:51] Following its review and public hearing,

[2:08:53] the planning commission unanimously

[2:08:55] recommended approval of the proposed digital infrastructure

[2:08:59] overlay district text Amendment.

[2:09:01] The Commission's role on this item

[2:09:04] is to consider that recommendation

[2:09:06] and determine whether to adopt the proposed text Amendment

[2:09:10] establishing a digital infrastructure

[2:09:12] overlay district under the Kansas planning and zoning act.

[2:09:16] The commission may approve the planning

[2:09:18] Commission's recommendation by a simple majority vote override,

[2:09:23] or modify the recommendation by a 2/3 majority vote.

[2:09:26] Return the proposed Amendment to the planning commission,

[2:09:29] stating the reasons for doing so or table the matter

[2:09:33] for later consideration.

[2:09:34] I would also like to note that a valid zoning protest petition

[2:09:38] has been filed with respect to the rezoning requests that

[2:09:43] followed this item, including request to rezone tracks 1

[2:09:46] through 11 and apply the proposed overlay

[2:09:50] district to those properties.

[2:09:52] But the protest petition does not apply to the proposed text

[2:09:56] Amendment before you now, staff will address

[2:09:59] the procedural effects of that petition

[2:10:02] and the applicable voting requirements

[2:10:05] when we reach those agenda items.

[2:10:07] And with that overview, I'll turn it over to Mr. Gibbons.

[2:10:11] All right.

[2:10:12] Sorry that's OK.

[2:10:14] I don't mind being stolen.

[2:10:16] Good morning or good afternoon.

[2:10:18] Mayor and city commissioner Justin

[2:10:19] Gibbons, Director of building and neighborhood development.

[2:10:22] The item before you is a proposed text Amendment

[2:10:25] to establish Atlas digital infrastructure

[2:10:27] overlay district or dio.

[2:10:30] At the June 23 and June 30 special meetings,

[2:10:32] the planning commission held the required public hearing,

[2:10:35] discussed, and ultimately unanimously approved

[2:10:38] a recommendation for adoption to the governing

[2:10:40] body to address the proposed digital infrastructure

[2:10:44] overlay itself.

[2:10:45] We've broken it down to dio standards

[2:10:47] into four basic sections studies and plans,

[2:10:51] site design standards, development agreements,

[2:10:53] and protection of adjacent property.

[2:10:56] The DA proposal establishes additional layers

[2:11:00] of review in areas where industrial development is

[2:11:03] contemplated.

[2:11:04] Under this approach, future development proposals

[2:11:07] would be reviewed under both the underlying zoning district

[2:11:11] requirements and the supplemental requirements

[2:11:13] of the overlay district.

[2:11:15] The proposed text Amendment would establish a review process

[2:11:18] and development standards applicable to future digital

[2:11:21] infrastructure projects.

[2:11:23] The ordinance defines digital infrastructure uses,

[2:11:26] identifies where they may be located,

[2:11:28] defines the accessory infrastructure commonly

[2:11:31] associated with those uses, and establishes operational

[2:11:35] standards for those systems.

[2:11:37] Depending on the nature and scope of the proposed

[2:11:39] development, applicants will be required

[2:11:42] to submit a utility infrastructure plan and utility

[2:11:45] provider documentation.

[2:11:47] Waste and wastewater.

[2:11:49] Water and wastewater service agreements.

[2:11:51] Backup power generation and emergency operation plans.

[2:11:54] Emergency response plans.

[2:11:56] Traffic impact studies.

[2:11:58] Acoustical impact studies.

[2:12:00] Environmental studies.

[2:12:01] E-waste or electronic waste management plan.

[2:12:04] Construction management plan.

[2:12:06] Outdoor lighting plans.

[2:12:07] Landscaping and buffering plans.

[2:12:09] Facility transition plans to address addressing future reuse

[2:12:12] and decommissioning and other studies,

[2:12:15] and supporting information reasonably necessary

[2:12:18] to develop each or to evaluate each proposal.

[2:12:22] Collectively, these materials are intended

[2:12:24] to provide technical information necessary for the city

[2:12:27] to evaluate a proposal for development.

[2:12:29] Approvals are considered.

[2:12:31] The proposal also requires development

[2:12:33] agreements for future digital infrastructure projects.

[2:12:36] The development agreements, while not commonly used,

[2:12:40] are not specifically required under existing

[2:12:42] industrial zoning districts.

[2:12:44] This brings that into.

[2:12:45] As a requirement.

[2:12:47] The development agreement provides a mechanism

[2:12:49] for incorporating project specific obligations that

[2:12:52] are difficult to address solely in a zoning

[2:12:54] ordinance, such as infrastructure improvements,

[2:12:57] operational commitments, mitigation measures, monitoring

[2:13:00] requirements requirements, financial assurances,

[2:13:04] and other relevant conditions.

[2:13:06] Finally, the ordinance establishes enhanced development

[2:13:09] standards and intended to promote compatibility

[2:13:12] with surrounding properties and sensitive adjoining uses for the

[2:13:16] purposes of the text Amendment.

[2:13:17] Sensitive adjoining uses include property where residential uses

[2:13:21] are permitted, as well as schools, parks, publicly owned

[2:13:24] recreational facilities, medical facilities, places of worship,

[2:13:28] and cemeteries.

[2:13:29] The compatibility standards include berming buffering, noise

[2:13:32] limits, outdoor lighting requirements, screening

[2:13:34] of operational infrastructure, ongoing maintenance requirements

[2:13:38] intended to reduce potential impacts on those adjoining uses

[2:13:41] while allowing flexibility to address

[2:13:44] site specific conditions through the development review process.

[2:13:48] Digital infrastructure overlays are only allowed in property

[2:13:53] on property zoned, heavy industrial, light

[2:13:55] industrial or industrial flex.

[2:13:57] This reflects that digital infrastructure facilities

[2:14:00] typically involve large buildings, substantial utility

[2:14:03] infrastructure, mechanical equipment,

[2:14:05] limited public access, and operational characteristics that

[2:14:09] are generally more consistent with industrial development

[2:14:11] than commercial or public uses.

[2:14:15] Within industrial flex require an additional step,

[2:14:18] requiring a planned unit development to help increase

[2:14:21] the protections of the sensitive.

[2:14:22] Adjacent areas.

[2:14:24] Again, these dio requirements are

[2:14:26] in addition to not in place of.

[2:14:29] The city's existing development review process.

[2:14:32] Future projects would still be subject to the applicable site

[2:14:35] plan review.

[2:14:36] Building permits.

[2:14:37] Stormwater management requirements.

[2:14:39] Utility review.

[2:14:40] Fire and life safety review and other permitting and regulatory

[2:14:44] requirements that apply under the city's

[2:14:46] zoning and subdivision regulations and adopted codes.

[2:14:51] The proposed text Amendment has evolved throughout the process

[2:14:54] based on input from city staff, planning commission, property

[2:14:57] owners, developers, utility providers,

[2:14:59] and members of the public.

[2:15:01] The revisions reflect many of the questions and concerns

[2:15:03] raised during that process, including

[2:15:06] expanding the development review requirements,

[2:15:08] clarifying operational standards,

[2:15:10] strengthening development agreement provisions,

[2:15:13] refining compatibility standards,

[2:15:14] and improving the overall organization

[2:15:17] and clarity of the ordinance.

[2:15:19] And with that, I will answer any questions you might have.

[2:15:25] I'd like to make a motion to approve ordinance number 2621,

[2:15:28] amending the zoning regulations by adding new sections

[2:15:31] 8.10 establishing a digital infrastructure

[2:15:35] overlay district second.

[2:15:40] Motion and a second ordinance 2621.

[2:15:41] Amending the zoning regulations by adding

[2:15:43] section 8.1 establishing digital infrastructure overlay district.

[2:15:49] Any other discussion.

[2:15:50] I have some discussion.

[2:15:53] It's more like my governing body comments,

[2:15:55] but I figured it's prudent now before after the next three

[2:15:58] votes, how can we come together and make everyone feel heard.

[2:16:02] I think it's nearly impossible to make every single person

[2:16:05] heard, but we should try.

[2:16:07] Let's form a group that meets weekly

[2:16:08] and has real conversations about the real facts.

[2:16:11] Let's share our non-negotiables.

[2:16:13] It consists of both sides of the issue,

[2:16:15] as well as some undecided folks that just want to learn more.

[2:16:18] If we can agree on the values that matter most,

[2:16:21] then every conversation that follows becomes more productive.

[2:16:24] Instead of talking past each other,

[2:16:26] we begin talking with each other.

[2:16:28] Instead of choosing sides, we choose a shared foundation.

[2:16:31] If a project cannot meet our shared foundation,

[2:16:34] we can tell them no.

[2:16:36] Some see opportunity, others have concerns.

[2:16:38] Most of us probably see a little of both.

[2:16:41] That's OK.

[2:16:41] Differing opinions do not have to divide us.

[2:16:44] In fact, they can make our decisions stronger.

[2:16:47] Let's move those opinions off of the internet and into real life.

[2:16:50] Let's figure out as a community the things

[2:16:52] we simply won't compromise on.

[2:16:55] What are our non-negotiables?

[2:16:56] Is it protecting our water.

[2:16:58] Ensuring responsible use of energy,

[2:17:00] creating good paying local jobs, significantly cutting

[2:17:03] our local property taxes, preserving our quality of life,

[2:17:06] maintaining transparency and accountability,

[2:17:09] making sure our schools, neighborhoods,

[2:17:10] and future generations benefit from any project

[2:17:13] that comes to Emporia.

[2:17:15] Is it all of them.

[2:17:16] Is it more.

[2:17:18] Hundreds of people have emailed or talked to me that

[2:17:21] are opposed to this project.

[2:17:23] Hundreds of people have emailed or talked to me that

[2:17:27] are in favor of this project.

[2:17:29] We should all be able to come together.

[2:17:32] Those answers shouldn't belong to one group or another.

[2:17:34] They should belong to all of us.

[2:17:36] This is our chance to show that we

[2:17:37] can welcome opportunity while protecting what

[2:17:39] makes our community special.

[2:17:41] We can be thoughtful without being fearful.

[2:17:43] Hopeful without being naive and United even when we disagree.

[2:17:47] Let's make this process something future generations

[2:17:50] will look back on with pride.

[2:17:51] Not because we all reach the same conclusion, but because we

[2:17:54] listened, respected one another, and decided as a community

[2:17:58] what Emporia stands for.

[2:18:00] Thank you.

[2:18:00]

[2:18:03] I have a comment.

[2:18:04] We received a email with a letter and some Line changes

[2:18:09] on the dio, and I truly want you to understand that I least

[2:18:15] I did.

[2:18:15] I read it through, and I don't feel that it's pertinent today

[2:18:21] to even discuss the points that are in there

[2:18:24] because I think that's up to our legal counsel.

[2:18:27] We've had a brief discussion on this,

[2:18:29] and there's some comments in there.

[2:18:31] The way it was put forward that really are not pertinent to what

[2:18:35] we're trying to do.

[2:18:36] We're doing this in a step by step basis,

[2:18:39] and I'd like to see if you would like to give

[2:18:41] any more comment about that.

[2:18:44] I would be happy to.

[2:18:45] And just for clarity, are you referring to the letter

[2:18:49] from the Adam Jones law firm.

[2:18:53] OK city staff and obviously legal counsel

[2:18:58] did review that letter.

[2:19:00] There were a couple of different areas

[2:19:02] that the attorney was addressing,

[2:19:07] and there seemed to be some discussion about an overlay

[2:19:10] district versus the requirements in a planned unit development.

[2:19:15] Planned unit development overlay is a different standard.

[2:19:20] More of requires a lot more planning, which the attorney.

[2:19:25] Accurately stated in his letter A PUD is something

[2:19:28] that would be approved or.

[2:19:30] Required under the dio district for digital infrastructure

[2:19:37] development on industrial flex property.

[2:19:42] But a pud would not be required on light industrial or heavy

[2:19:46] industrial base zoned property.

[2:19:49] Rather, that would go through other planning

[2:19:53] process involving a plat.

[2:19:55] Preliminary plat requires a public hearing.

[2:19:59] So the attorney, raised concerns about additional public review.

[2:20:03] Under the overlay district.

[2:20:05] There would be additional public review,

[2:20:07] either through a pud process or through the plotting process.

[2:20:11] In addition, as one of the parts of the development process.

[2:20:17] And then any developer agreements

[2:20:20] that were reviewed and agreed to by the governing body.

[2:20:24] So there are additional steps that require

[2:20:27] public review already in place.

[2:20:30] And in addition to that matter, he

[2:20:32] listed a number of additional standards

[2:20:35] that he would suggest be addressed matters

[2:20:39] such as ingress and egress, driving driveways and parking,

[2:20:45] talking about open spaces, streets, other facilities,

[2:20:50] a number of things that are addressed through other areas

[2:20:53] of our development regulations.

[2:20:56] A lot of those are addressed in the subdivision

[2:20:58] regulations that are dependent on the base zoning.

[2:21:01] So all of those requirements will still be in place.

[2:21:04] The one thing I did note in the letter that I don't believe

[2:21:07] we addressed address specifically,

[2:21:10] either in our base zoning requirements

[2:21:13] or in the overlay proposal is a heat requirement.

[2:21:18] He suggested requiring an environmental study

[2:21:20] that addresses specifically thermal impacts.

[2:21:25] And setting standards that the developer should meet

[2:21:30] related to thermal impacts.

[2:21:34] And specifically impacts on adjacent properties.

[2:21:38] That's not specifically included as a reviewed.

[2:21:42] We are requiring environmental studies.

[2:21:45] We didn't specify thermal.

[2:21:47] Justin, could you speak to what.

[2:21:51] What that process might look like

[2:21:53] and whether there may be some benefit from adding

[2:21:56] an additional requirement.

[2:21:58] Well, so we do and we do.

[2:22:00] We've got the caveat that, any other additional studies

[2:22:05] that we feel are pertinent to approve a project.

[2:22:10] And so if that's something that we

[2:22:11] feel is necessary moving forward,

[2:22:14] we can require thermal impact study.

[2:22:16] I am not aware of how thermal impact study would be done,

[2:22:20] but obviously that would be something

[2:22:22] that we would research and require and add to the review

[2:22:25] requirements as we go forward.

[2:22:28] The question was asked during the planning

[2:22:30] commission meeting, what is the process to change this.

[2:22:35] And this is like any other of our zoning regulations.

[2:22:39] It's a living document.

[2:22:40] It can change through the text Amendment process

[2:22:43] if we see that something is not working,

[2:22:46] if there are new standards that come out that we feel we need

[2:22:49] to adopt, if there are additional regulations that we

[2:22:53] feel we need to adopt and put into the dio requirements,

[2:22:57] we can do that just through the normal text Amendment process.

[2:23:01] It does.

[2:23:01] This does not have to be the end of this document

[2:23:05] or these regulations.

[2:23:07] It is the beginning and we will continue

[2:23:09] to evaluate and look at industry standards, best

[2:23:13] practices, things like that.

[2:23:15] We do that with everything.

[2:23:16] We're undergoing a medical review, medical terminology

[2:23:19] review and use facilities.

[2:23:21] We'll be bringing back some sign review

[2:23:24] considerations to the planning commission later this year.

[2:23:26] We see what's going on in the field

[2:23:29] and what's working with our zoning regulations.

[2:23:33] What's not working.

[2:23:33] And we bring that forward to the planning commission

[2:23:36] and then ultimately the city commission

[2:23:38] for adoption discussion.

[2:23:41] So yeah, I mean, if there are additional things that come up,

[2:23:44] that we can always tweak this.

[2:23:47] And I think that's the thing about getting something started

[2:23:51] getting it in the regulations.

[2:23:53] So we have that base area.

[2:23:55] And then as we review projects or look at projects where things

[2:23:59] change over time, technology changes over time,

[2:24:03] we can incorporate those things into our zoning regulations

[2:24:08] and this overlay district.

[2:24:09] So your feeling is that we can look at basically what you're

[2:24:13] talking about is the heat island effect that

[2:24:15] could happen out there and whether that's

[2:24:18] prudent to look at or not.

[2:24:19] We can look at that now if we want to through the dio.

[2:24:24] Yes but if we want to change the DO or add language to it,

[2:24:28] we have a process that we can go through that works,

[2:24:31] that we will do that.

[2:24:32] Correct it's the same process we the planning commission,

[2:24:35] we present information to the planning commission.

[2:24:38] Planning commission holds a public hearing

[2:24:40] provides feedback.

[2:24:42] And then they make a recommendation

[2:24:44] to the governing body.

[2:24:45] And the governing body acts on that recommendation.

[2:24:49] It's the same we did.

[2:24:50] We updated the sign regulations earlier this year on

[2:24:54] or last year on some allowing signage in the flex use

[2:24:59] because it was kind of limited.

[2:25:01] And we realized that we pigeonholed ourselves

[2:25:03] a little bit on what we allow for businesses

[2:25:06] to have flex use versus residential and flex use.

[2:25:09] So can I just clarify what I feel like.

[2:25:12] I heard that the letter received from Attorney was addressed.

[2:25:16] It was reviewed.

[2:25:18] It was discussed.

[2:25:19] Some of that information was shared with us.

[2:25:21] It's found in other places.

[2:25:23] And then there were also some citizens that sent suggestions

[2:25:26] or ideas that you responded to.

[2:25:29] And if those were received, they were also considered.

[2:25:33] And I have spent a lot of time I spend every time somebody

[2:25:41] sends me a study, I look at it.

[2:25:43] I've read the Harvard study multiple times.

[2:25:45] I've read the University of Michigan study multiple times,

[2:25:48] I read the who studies.

[2:25:51] I spent time last night and early

[2:25:54] this morning going through documentation

[2:25:57] that was provided to the city.

[2:25:59]

[2:26:02] I would like to address it through the development

[2:26:05] agreement.

[2:26:05] But two things stand out right now

[2:26:07] is the heat island effect that I think we need to get

[2:26:12] a handle on, just go through.

[2:26:14] We've gone through water.

[2:26:15] We've gone through lighting, we've gone through wastewater.

[2:26:20] We've gone through stormwater.

[2:26:21] I mean, we've addressed almost every concern.

[2:26:25] And I keep on looking for more concerns

[2:26:27] that we haven't addressed.

[2:26:28] I mean, it's like everything this

[2:26:30] is a very evolving situation and we're at the forefront of it.

[2:26:36] But it is the heat island and its EMFs from high voltage

[2:26:40] transmission lines.

[2:26:42] And, my research, I dug into it EMFs are scary.

[2:26:48] And I will admit they're scary, but they

[2:26:50] drop off really quickly.

[2:26:51] That magnetic field is not very big.

[2:26:54] It's measured in Teslas.

[2:26:57] So this was a new term for me not being a science guy.

[2:27:01] I had to look it up when I saw it.

[2:27:03] Yeah so what is this.

[2:27:04] It's not.

[2:27:05] It's not number of cars between you and the.

[2:27:08] But named after Nikolai Tesla.

[2:27:11] So you can either amend the dio to include heat island and EMF

[2:27:17] studies or that would be something

[2:27:19] that we could include in the development agreement

[2:27:21] if we make it that far.

[2:27:23] I'd like to be in the development agreement,

[2:27:25] because I think each individual thing that we could look at down

[2:27:29] the road could be different.

[2:27:30] So we need to consider that.

[2:27:32] And as things change, I mean, I've been very vocal.

[2:27:36] If I see a red flag that can't be addressed,

[2:27:39] I'm going to let you guys know and we stop.

[2:27:43] But if there's something that can be addressed, like this EMF

[2:27:46] stuff went through and that's really 300 feet,

[2:27:50] it seems like is where the Tesla's

[2:27:53] drop off to negligible level.

[2:27:55] I'm learning.

[2:27:57] But I think as we develop, I think even as that development

[2:28:02] agreement comes months from now, I

[2:28:04] think there will be new things that pop up

[2:28:06] and hopefully we can address that in the development

[2:28:08] agreement and then potentially go back and include those in dio

[2:28:12] as they emerge in science becomes more concrete.

[2:28:15] Thank you.

[2:28:17] Any other discussion.

[2:28:19] All in favor, say Aye.

[2:28:20] Aye Motion passes.

[2:28:23] Number four.

[2:28:23] Ordinance rezoning properties for light industrial use.

[2:28:28] Mayor and commissioners, if I may jump in on this one as well.

[2:28:31] This item concerns the underlying zoning

[2:28:34] classifications for 11 specific tracts of property.

[2:28:39] The ordinance that we just considered

[2:28:42] was establishing the digital infrastructure overlay district.

[2:28:46] This addresses a separate land use question

[2:28:49] whether these specific properties should receive

[2:28:52] the requested underlying industrial zoning classification

[2:28:57] that has been requested.

[2:28:59] Those classifications would allow a variety

[2:29:01] of industrial uses permitted within the applicable zoning

[2:29:06] district, as specified in our zoning use matrix.

[2:29:11] Matrices matrix.

[2:29:12] Matrix matrix.

[2:29:14] I don't know what that word is, I apologize.

[2:29:18] The plural form.

[2:29:19] The applicant has submitted a separate application

[2:29:22] to apply the digital infrastructure overlay

[2:29:24] district to the properties.

[2:29:26] And if the properties are first rezoned,

[2:29:29] that application will be considered

[2:29:30] as the next item on the agenda.

[2:29:33] I would also like to note again, that approval of a rezoning

[2:29:37] does not automatically approve a development project.

[2:29:41] Future development remains subject to the city's

[2:29:43] development review processes, including utility

[2:29:46] and infrastructure review, building and building

[2:29:49] and construction regulations, fire code requirements,

[2:29:52] permitting development agreements

[2:29:54] and all other applicable local, state, and federal requirements.

[2:29:59] And the city's subdivision regulations

[2:30:01] do require a public hearing before the planning commission

[2:30:03] on either a preliminary plat or a planned unit development

[2:30:08] before development may proceed.

[2:30:12] The planning commission did conduct the required

[2:30:14] public hearing on the rezoning request and following

[2:30:17] deliberation, voted 4 to 3 to recommend

[2:30:20] approval of the requested rezoning of tracks 1 through 11.

[2:30:24] A valid protest petition has been

[2:30:26] filed with respect to this rezoning request under KSA.

[2:30:31] 12:07 57 approval of the planning

[2:30:34] Commission's recommendation now requires

[2:30:37] an affirmative vote of at least 3/4 of the members

[2:30:41] of the governing body.

[2:30:42] So for our purposes, that would be four votes.

[2:30:45] Alternatively, the commission may modify or override

[2:30:48] the planning Commission's recommendations by a 2/3 vote,

[2:30:51] also four of five votes return the application to the planning

[2:30:55] commission, with its reasons for doing so, or table the matter

[2:30:59] for later consideration.

[2:31:01] And I'll turn it over to Mr. Gibbons.

[2:31:03] OK Taylor, do you put that up.

[2:31:08] So before you is a request for rezoning of 11 tracts of land,

[2:31:14] as city attorney said at the June 23 and June 30 meetings,

[2:31:19] planning commission held the required public hearings

[2:31:21] and discussions.

[2:31:23] Again, ultimately voting 4 to 3 to recommend

[2:31:25] approval of the rezoning as presented for each property.

[2:31:28] Eight of the 11 tracks currently have a Lyon County zoning

[2:31:31] classification, as they maintain their Lyon County zoning

[2:31:34] classification until that time, as they

[2:31:37] are rezoned to a city classification

[2:31:38] under after annexation.

[2:31:40] Track one is currently Lyon County.

[2:31:42] Agriculture track 2 Lyon County agriculture.

[2:31:45] Track three Lyon County agriculture, and track 4

[2:31:49] is Lyon County agriculture tracks 5, 6, and 7 are.

[2:31:53] City of industrial.

[2:31:54] City of Emporia.

[2:31:56] Industrial flex tract 8 and 9 are jointly Lyon County

[2:32:02] ag and commercial track 10 is Lyon County light industrial

[2:32:06] and then track 11 is Lyon County.

[2:32:08] Agriculture tracks 1 through 10 are proposed to be

[2:32:14] rezoned to light industrial.

[2:32:16] Track 11 would be rezoned to industrial flex.

[2:32:20] These properties are surrounded by a mix of uses including

[2:32:23] large estate lots, homes, pastures,

[2:32:26] farmsteads, commercial, and industrial uses.

[2:32:29] Light industrial classification is intended to provide space

[2:32:31] for the manufacturing, processing

[2:32:33] and fabrication of products and other compatible uses.

[2:32:37] Generally, some allowed uses within these districts

[2:32:41] include trade craft operations, distilleries, low intensity

[2:32:45] manufacturing and processing, utility maintenance yards,

[2:32:48] warehousing, and storage of flammable,

[2:32:50] including flammable and volatile materials.

[2:32:54] Conditional uses would be required

[2:32:55] for electrical generation facilities.

[2:32:58] It has been requested that track 11

[2:33:00] be rezoned to industrial flex.

[2:33:02] Industrial flex supports commercial retail services,

[2:33:05] office trade and light industrial type buildings,

[2:33:08] as well as planned employment centers and planned

[2:33:10] integrated use development along corridors and city boundaries.

[2:33:13] Again, most of those same similar uses are allowed

[2:33:17] and again, electrical generation facilities

[2:33:20] would require special approval and industrial zoning.

[2:33:24] The industrial flex was requested to provide

[2:33:27] additional review processes.

[2:33:29] Allow for mix of uses on track 11

[2:33:31] versus straight light industrial zoning and other tracks

[2:33:34] based on its location.

[2:33:36] Staff would contend that the request is

[2:33:37] consistent with the zoning regulations,

[2:33:40] it is consistent with the comprehensive plan,

[2:33:45] and the ELC encourages economic development efforts of the city

[2:33:48] to attract new businesses, diversify the economy

[2:33:51] and adjust the type of businesses that are targeted.

[2:33:54] Planning ELC also encourages new growth

[2:33:57] in areas that are in close proximity to existing utilities

[2:34:00] and enhanced road network.

[2:34:02] Staff feels that sewer and water lines of sufficient size

[2:34:05] exist and can be easily extended to the properties.

[2:34:08] Cdot Lyon County and the city have made improvements and plans

[2:34:11] for additional improvements along the US 50 corridor,

[2:34:14] with road f and road 180.

[2:34:17] Rezoning action is not an approval

[2:34:20] of a particular project.

[2:34:22] There are several items such as platting

[2:34:24] developers agreement that's not even true

[2:34:26] require commission approval.

[2:34:28] Not even project.

[2:34:29]

[2:34:32] This is all about the data center

[2:34:34] and you need to tell the truth.

[2:34:37] This is just about the data center.

[2:34:39] I'm going.

[2:34:42] It's all about the data center.

[2:34:44] And you need to tell the truth and this map

[2:34:48] shows what the proposed zoning districts would look

[2:34:52] like if approved as presented.

[2:34:57] Are you all set.

[2:34:59] And with that, I would answer any questions you may have.

[2:35:05] Reiterate doesn't mean anything's really going there.

[2:35:08] You change something all the time.

[2:35:11] So if zoning never happens, then we don't ever need it.

[2:35:14] It can go back to agricultural.

[2:35:16] It can go back to whatever that property owner wants

[2:35:20] or when they sell it.

[2:35:22] And there's also a process through the annexation where it

[2:35:26] would return back to the County, and then it could have to go

[2:35:29] back through County rezoning.

[2:35:31] Obviously if the existing property

[2:35:33] owner requested to go back.

[2:35:35] So which depending on probably what, if any impact

[2:35:41] this would have on land values.

[2:35:44] That they may want to see it revert

[2:35:46] back to agriculture if no project

[2:35:48] goes in for a length of time.

[2:35:53] So Mr. Givens went back to County.

[2:35:57] Would it go back in as whatever it's zoned at now,

[2:36:01] or would the County decide upon.

[2:36:03] So the County, it would have to be rezoned

[2:36:06] under County regulations.

[2:36:07] So it would continue to have its city of Emporia zoning

[2:36:12] until the district parcel type, until it would be rezoned

[2:36:16] under County jurisdiction.

[2:36:18] Since we do not share joint jurisdiction,

[2:36:23] we have to keep them separate and they retain their existing

[2:36:27] zoning regulations or zoning type

[2:36:29] until they are either developed or anything like rezoned.

[2:36:35] So thank you, Madam Mayor.

[2:36:38] Can I ask the applicant to come forward and speak.

[2:36:41]

[2:36:52] Good morning.

[2:36:53] Good morning.

[2:36:54] Good afternoon.

[2:36:55] We've actually moved into the afternoon at this point.

[2:36:58] My name is Shirley Woodard.

[2:36:59] I'm with the Morris law firm.

[2:37:01] I'm here on behalf of the applicant.

[2:37:02] And I think you all know Gary Nordstrom.

[2:37:04] Governmental assistance services.

[2:37:07] Shirley and I came together with legal questions

[2:37:10] that we would have about rezoning

[2:37:12] or a specific questions about the project directly to me.

[2:37:15] And does anyone have questions for the applicant.

[2:37:20]

[2:37:23] Why 1,000 acres.

[2:37:27] I think it's important for 1,000 acres is to allow

[2:37:30] for the future of an end user.

[2:37:34] The business plan for an end user

[2:37:36] want to grow and have expansion possibilities.

[2:37:40] And so it would give them the ultimate sort of leeway

[2:37:45] to plan a business model into the future

[2:37:48] that we don't quite have a handle on.

[2:37:51] So does your expectation expectation

[2:37:53] that you would develop predominantly

[2:37:57] on the south end of the tracks first,

[2:38:00] and that it would just grow from there.

[2:38:02] It's always been that expectation

[2:38:04] based on utility delivery that we would begin with.

[2:38:08] The end user would potentially begin,

[2:38:10] but we can't speak for them.

[2:38:11] But it would begin through highway 50 to the North

[2:38:14] seems to be the most reasonable track,

[2:38:16] but that would be decided upon a development

[2:38:20] agreement that would be signed.

[2:38:22] So would it also be true that the development would grow based

[2:38:26] on the path to power, and how soon the power

[2:38:29] could be at the facility to.

[2:38:31] There's no doubt about that.

[2:38:32] It would.

[2:38:33] However, the utilities would be delivered

[2:38:37] would govern the expansion potential of campus.

[2:38:41] So essentially, we're looking at a project that could

[2:38:44] take multiple years to develop.

[2:38:48] That's accurate.

[2:38:49] I think we can say that for sure.

[2:38:51] This is a multiple year development.

[2:38:55] Can you reiterate you do not have an end user yet.

[2:38:58] That's correct.

[2:38:59] We do not.

[2:39:00] You're just getting ready.

[2:39:02] Can you reiterate?

[2:39:03] We do not have NDAs with your company

[2:39:04] in any way, shape, or form.

[2:39:06] We do not have NDAs with my company in any way.

[2:39:10] And arkansa park or Kansas park, there are no any of those.

[2:39:15] I have not put my name on anything.

[2:39:17] There is no development agreement,

[2:39:19] not put our name on anything.

[2:39:21] All of that's correct.

[2:39:21] There's no development agreement.

[2:39:23] NDAs between the governing body and any company

[2:39:27] that had any interest whatsoever in this development.

[2:39:30] We are taking a step by step.

[2:39:34] Is it accurate that we would.

[2:39:36] There is little chance the city would be working

[2:39:38] with Kingston or related companies,

[2:39:43] and most likely with an end user.

[2:39:46] When we get to the development agreement,

[2:39:48] it's absolutely accurate that the end user

[2:39:51] would be the entity that would enter

[2:39:54] into a development agreement.

[2:39:55] The end user would be a digital tech company in the end

[2:39:59] and not any developer.

[2:40:02] Thank you.

[2:40:02]

[2:40:05] OK Any other questions.

[2:40:10] I'd like to make a motion to approve ordinance

[2:40:12] 2622, resorting certain properties

[2:40:15] to light industrial and industrial flex,

[2:40:18] and amending the official zoning map to confirm the zoning.

[2:40:21]

[2:40:25] Ordinance 2622 rezoning certain properties,

[2:40:28] light industrial and industrial parks

[2:40:29] and amending the official zoning map.

[2:40:32] Zoning any other discussion.

[2:40:34] Obviously, I did not.

[2:40:38] 5 euros at the majority.

[2:40:39] OK Number 5 requires four to 1 since we

[2:40:46] had the protest petition.

[2:40:48] So I'm saying.

[2:40:49] Yeah all right.

[2:40:51] Number five.

[2:40:53] The next item before the Commission is ordinance 26 23.

[2:40:58] This ordinance does not change the underlying zoning

[2:41:00] classification on the property.

[2:41:03] Rather, it considers whether the additional supplemental

[2:41:07] standards, operational requirements, and review

[2:41:10] procedures established by the digital infrastructure overlay

[2:41:14] district should apply to these specific properties

[2:41:19] and any future digital infrastructure development that

[2:41:22] occurs on those properties.

[2:41:25] The underlying light industrial and industrial flex zoning

[2:41:28] classifications, which you have just voted on,

[2:41:31] will remain unchanged and other uses permitted

[2:41:35] within those districts will continue

[2:41:37] to be allowed if a different type of project

[2:41:41] were to come before you.

[2:41:42] I would note that the dio regulations require

[2:41:46] that property zoned industrial flex require approval

[2:41:50] of a planned unit development before digital infrastructure

[2:41:53] development may occur.

[2:41:55] The planning commission did conduct the required

[2:41:58] public hearing on this item, and voted 6 to 1

[2:42:01] to recommend approval of including

[2:42:04] all 11 tracks within the digital infrastructure overlay district.

[2:42:09] As with the rezoning request, a valid protest petition

[2:42:12] has been filed with respect to this application.

[2:42:16] Accordingly, approval of the planning

[2:42:17] Commission's recommendation requires

[2:42:20] the affirmative vote of at least 3/4 of the members

[2:42:23] of the governing body.

[2:42:25] And your other options to override or modify require a 2/3

[2:42:31] majority vote, and the commission may also return

[2:42:34] the application to the planning commission,

[2:42:36] specifying the reasons for doing so or table the matter

[2:42:39] for future consideration.

[2:42:43] And as has been stated several times,

[2:42:45] this does not approve a specific project.

[2:42:51] All other planning project approval

[2:42:54] requirements remain in place.

[2:42:57] Give it over to Mr. Gibbons.

[2:42:59] She pretty much hit it.

[2:43:00] All right there again.

[2:43:03] Do you want to put that map up again.

[2:43:05] This is for the 1111 tracts of land, kind of just hitting back

[2:43:12] again on the dio requirements of utility infrastructure

[2:43:16] plan, waste water, water service agreements, generation

[2:43:20] agreements, emergency response plans, traffic impact studies.

[2:43:25] All of those things that we just discussed on the dio

[2:43:29] would be applicable here or the specific project obligations

[2:43:35] such as infrastructure improvements,

[2:43:37] operational commitments, mitigation measures, monitoring

[2:43:40] requirements, financial assurances and other conditions,

[2:43:44] and track 11 as it was the request

[2:43:47] to rezone as industrial flex.

[2:43:49] It would have the additional levels of approval required,

[2:43:52] so being subject to pud process, which requires

[2:43:56] additional review from the planning

[2:43:58] commission and city commission.

[2:44:00] This is again as similar as a rezoning.

[2:44:04] As the city attorney has stated, staff

[2:44:07] feels it is consistent with the zoning

[2:44:09] regulations consistent with the comprehensive plan.

[2:44:12] This also does provide an additional level of protection

[2:44:16] for neighboring uses and again, not an approval

[2:44:21] of a particular project.

[2:44:23] Additional steps that will be brought before the planning

[2:44:26] commission and governing body for approval

[2:44:28] before a potential project could be developed on this property.

[2:44:33] With that, I would answer any questions you may have.

[2:44:36]

[2:44:39] Thank you.

[2:44:41] The digital overlay.

[2:44:44] Anyway, that covers all industrial.

[2:44:49] Not yet.

[2:44:50] Yes it would.

[2:44:52] So it isn't covering all industrial

[2:44:55] in the city of Emporia.

[2:44:56] If some other industrial only these.

[2:44:59] It applies only to these 11 tracks.

[2:45:02] If a let's say I mean and I'm going to take a little corner,

[2:45:09] you could put it over there.

[2:45:11] And they would have to apply for inclusion

[2:45:15] into a digital infrastructure overlay district.

[2:45:18] This is basically applies to all digital infrastructure projects.

[2:45:23] Well creation the creation.

[2:45:26] And if I could say it another way in order

[2:45:30] to request being included in the overlay district,

[2:45:33] a property has to have underlying base zoning of

[2:45:37] an industrial classification.

[2:45:40] So flex industrial and low or high industrial.

[2:45:45] Those are criteria that establish eligibility

[2:45:49] to be included in the overlay district,

[2:45:52] but that it includes an application

[2:45:54] to be included in the district.

[2:45:57] For digital infrastructure development on top of it.

[2:46:01] So somebody could not just come in on other industrial property

[2:46:05] and ask for it would have to go through

[2:46:08] the they'd have to go through this process

[2:46:10] planning commission.

[2:46:10] And I just wanted to confirm previous though others

[2:46:16] probably could open up.

[2:46:18] It probably could have.

[2:46:19] Yeah depending on infrastructure needs.

[2:46:22] And that was one of the big reasons driving factors

[2:46:27] behind the dio text Amendment was

[2:46:29] to be able to protect not just these proposed properties,

[2:46:33] but the city in general.

[2:46:35] We would have had very difficult time trying to if we would have

[2:46:40] rejected a proposed development in a light,

[2:46:43] heavy industrial area without additional regulations

[2:46:48] on top of it.

[2:46:49] And so, that was kind of one of the prefaces for creating

[2:46:53] the digital infrastructure overlay text Amendment,

[2:46:56] and then being able to apply the dio

[2:46:58] to specific properties in the future, not

[2:47:01] just these 11 tracks.

[2:47:03] But you do have to apply to.

[2:47:06] It's similar to rezoning.

[2:47:08] You have to go before the planning commission.

[2:47:10] Planning commission has to conduct a public hearing.

[2:47:12] We have to review the project or proposal

[2:47:15] and bring something before the planning

[2:47:18] commission or city commission.

[2:47:19] Thank you for clarifying that for me.

[2:47:21]

[2:47:24] Can I ask a developer to come up here.

[2:47:27] Sure and legal counsel.

[2:47:32] And legal counsel.

[2:47:34] Let's go ahead and leave that on there.

[2:47:36]

[2:47:39] I just want to clear up something that's

[2:47:41] been on the internet and make sure we're all on the same page

[2:47:44] with this discussion.

[2:47:46] You guys understand you guys do not have

[2:47:47] a green light to build today.

[2:47:49] You guys, before anything would happen have to come back

[2:47:52] with a development agreement.

[2:47:53] Is everybody clear on that.

[2:47:54] We absolutely understand that.

[2:47:56] And are you guys willing to look at EMFs and heat islands as part

[2:48:00] of this process as well.

[2:48:01] I think that's going to be customary in the future.

[2:48:03] OK yes.

[2:48:05] Garrett yes.

[2:48:05] Of course.

[2:48:06] Thank you.

[2:48:08] Yes OK.

[2:48:11] Any other questions.

[2:48:14] OK next motion.

[2:48:16] Make a motion.

[2:48:17] I'll make the motion to approve ordinance 2623, including

[2:48:20] certain properties within the city

[2:48:22] of Emporia, Kansas in the digital infrastructure

[2:48:26] overlay district.

[2:48:27] And amending the official zoning map to conform with said zoning.

[2:48:30] I second that motion.

[2:48:33] Second ordinance 2623, including certain properties in the city

[2:48:35] of Emporia, Kansas, in the digital infrastructure overlay

[2:48:38] district and amending the official zoning map to confirm

[2:48:40] said zoning.

[2:48:41] Any other discussion.

[2:48:43] All in favor, say Aye.

[2:48:44] Aye Motion passes 5 0.

[2:48:46] All right.

[2:48:47] We're going to roll.

[2:48:49] Let's go for five minutes.

[2:48:52] Oh sorry.

[2:48:53] Communications sorry, Madam Mayor.

[2:48:56] Two items on communications, financials and permits,

[2:48:58] and the June budget.

[2:48:59] We'll talk a little bit more about budget here in a minute.

[2:49:02] So I'll stand for any questions.

[2:49:05] All right.

[2:49:07] Agenda three items on consent agenda.

[2:49:09] Commission meeting minutes from June 1.

[2:49:11] Application to the Federal Home Loan Bank

[2:49:13] for topeka's affordable housing program.

[2:49:15] And a request from CDOT to run fiber along the prairie Street

[2:49:18] Bridge at I-35.

[2:49:19] I have a motion to accept consent agenda.

[2:49:21] So moved.

[2:49:22] Second Motion and second.

[2:49:24] For consent.

[2:49:25] Agenda any other discussion.

[2:49:27] All in favor, say Aye.

[2:49:28] Aye informational items.

[2:49:31] August 5 is our next meeting.

[2:49:35] Good morning.

[2:49:36] During the budget.

[2:49:37] Budget and we will probably have the discussion.

[2:49:39] Citizens petition.

[2:49:41] OK I will be remote.

[2:49:43] OK governing body comments.

[2:49:47]

[2:49:50] I would like to just say, oh, I'm sorry.

[2:49:52] Kurt goes first.

[2:49:56] Oh, yeah.

[2:49:56] Sorry that was me.

[2:49:57] How bad that was to me.

[2:50:00] Can I go first.

[2:50:01] Yeah do you want to go first.

[2:50:04] One governing body was on you, right.

[2:50:06] OK I was just going to say that I would like people who said

[2:50:11] that they have not felt heard.

[2:50:13] I would like to say that I know the planning and zoning

[2:50:15] commission listened for hours.

[2:50:17] I would like to say that we have listened

[2:50:20] to multiple public comments.

[2:50:22] For hours.

[2:50:23] I've responded to emails.

[2:50:24] I've read emails.

[2:50:25] I've read studies.

[2:50:27] I've tried to engage with people.

[2:50:31] We have listened.

[2:50:33] That's what I'd like to say.

[2:50:34] I'm sorry if the decisions made were not

[2:50:37] what you wanted or were asking for, but we did listen.

[2:50:42]

[2:50:45] First I will concur with you on that,

[2:50:49] and I hope the community will give us the time to work

[2:50:55] on this with the end user.

[2:50:58] If one comes forward and create the best infrastructure

[2:51:05] model that we can.

[2:51:06]

[2:51:09] I know it's been a long haul.

[2:51:14] I am.

[2:51:17] Optimistic that we can community all come together.

[2:51:20] I am not for or against.

[2:51:23] I may for going through the process to make sure Emporia

[2:51:27] has the best they can get.

[2:51:29] All I got is that there is a disk golf tournament

[2:51:32] this weekend with all the pros.

[2:51:33] So the number one player, one player in the world, the highest

[2:51:37] ranked disk golfer of all time.

[2:51:40] Really 1920-year-old Dannenberg.

[2:51:42] Yeah 21.

[2:51:44] 21 and it's not me and it's not you.

[2:51:48] Well there's that.

[2:51:49] Anyway, go ahead.

[2:51:50] There's a lot of big feelings in this.

[2:51:54] I don't think anyone has been left out of that.

[2:51:59] We are human like everybody else.

[2:52:01] That has concerns.

[2:52:04] But feelings are not facts.

[2:52:07] We are looking for facts.

[2:52:09] That is what we are supposed to do.

[2:52:11] That is what we are doing.

[2:52:13] We will continue to do that.

[2:52:15]

[2:52:18] Is that yours.

[2:52:19] Yeah, I'll just emphasize that I plan on getting folks

[2:52:23] from both sides of the aisle together and sharing

[2:52:25] actual facts and helping the community feel

[2:52:28] like they're heard on what are our non-negotiables

[2:52:30] as a community.

[2:52:31] I love that idea of everybody getting together.

[2:52:34] So you had a chance because we want

[2:52:37] what's best for this community.

[2:52:41] All right.

[2:52:41] We are going to recess, probably 45 minutes.

[2:52:46] I'll make a motion to recess for right away, though.

[2:52:50] Yeah OK.

[2:52:52] 43 minutes to 2:30 and resume upstairs in the conference

[2:52:59] room at 2:30 PM.

[2:53:02] Second All in favor, say Aye.

[2:53:05] Aye Motion passes.

[2:53:06]

[3:35:26] We take a five minute recess.

[3:35:28] Second All in favor.

[3:35:30] All those in favor.

[3:35:31] Aye OK.

[3:35:34] Motion passes.

[3:35:35] Great job.

[3:35:36]

[3:40:14] Order and we are now into the budget

[3:40:18] discussion with the Janet show.

[3:40:20] You want to talk.

[3:40:21] Do you want me to.

[3:40:22] Yeah we just wanted to go over line item

[3:40:24] by department, or at least by category by department.

[3:40:26] So you guys can see those.

[3:40:28] I would say on general fund, we're at one point

[3:40:32] ending balance of 1.3 million.

[3:40:34] We won't be anywhere near that.

[3:40:36] But we've kind of determined that 1.6 is a safe level.

[3:40:39] That's what we presented last year.

[3:40:40] That's what we are hopeful to get

[3:40:42] back to at this point in time.

[3:40:43] But let's go over how Janet run through.

[3:40:46] OK Taylor very graciously has put together

[3:40:50] this wonderful PowerPoint.

[3:40:51] I give her all the credit.

[3:40:55] So we'll just go department by department.

[3:40:58] What she's done here on the first screen

[3:41:00] is picked out the largest two categories.

[3:41:04] And you will see personnel on every single department as one

[3:41:08] of the largest categories.

[3:41:11] This is the commissioner manager clerk.

[3:41:14] So this would is basically the people

[3:41:19] upstairs in the city manager's office

[3:41:22] and what their expenses are.

[3:41:25] As you can see, the majority of it is in personnel.

[3:41:30] And then other charges is the other big category.

[3:41:33] And you will note the drop there.

[3:41:36] 25 was when we had both the deputy and assistant position.

[3:41:40] We only had the assistant position

[3:41:43] through June of this year.

[3:41:45] Can we take a picture of that looked better.

[3:41:47] He made our numbers look better without them.

[3:41:49] Better without better.

[3:41:51] At least on a budget standpoint.

[3:41:52] Yeah So we'll just flip through these.

[3:41:57] And if you have questions, just let me know.

[3:41:59] The next one is your internal services.

[3:42:02] So accounting HR it communications.

[3:42:06] Again salaries is the largest one with commodities.

[3:42:12] And a lot of the commodities is your insurance

[3:42:16] those type of things.

[3:42:19] Are we going to talk about insurance later.

[3:42:22] Policies for when do we do that.

[3:42:24] When we have to reevaluate what we pay or not

[3:42:27] pay for health insurance.

[3:42:29] Yeah typically we have that conversation in September.

[3:42:32] OK we'll just let you guys know where we are with that.

[3:42:35] And we are running what they say 17% is what

[3:42:39] they're saying 17 increase.

[3:42:41] Yes so we're watching that.

[3:42:42] Hopefully that drops a little bit more.

[3:42:45] And we can.

[3:42:46] Yeah and our budget includes a 10%

[3:42:48] increase for health insurance.

[3:42:51] And point this out because our health we are self-funded.

[3:42:55] We do have a rather large reserve.

[3:42:58] Still today, yes.

[3:43:00] We can fund it at 10% And then if we run under,

[3:43:03] which hopefully we do, if we run over,

[3:43:06] then we'll have to adjust in 28.

[3:43:07] But if we run under we're probably

[3:43:09] OK at 10% Yeah OK the next one is the police department

[3:43:15] again personnel the transfers out

[3:43:17] I'll tell you that is for the leased vehicles

[3:43:20] that we're transferring to the equipment reserve fund.

[3:43:24] That's their other big, I should say big expenditure more.

[3:43:29]

[3:43:33] And for the majority of the categories

[3:43:37] they are decreasing or.

[3:43:40] Sorry yeah.

[3:43:42] Yeah no increasing couple or ignore that comment.

[3:43:48] Transfers is the only one decreasing OK.

[3:43:51] Fire department.

[3:43:52]

[3:43:55] Same story with all of those personal growth.

[3:44:00] Yeah, we do have some additional what is

[3:44:03] it under contractual service.

[3:44:05] Contractual services.

[3:44:07] Now that we do have separate building

[3:44:08] we have insurance costs on the new building

[3:44:12] and we have utility.

[3:44:14] Before that was all just one cost for this building.

[3:44:17] So now they have their own utility cost.

[3:44:19] Yeah they did have for fire station 2,

[3:44:21] but now they have two stations and transfers

[3:44:24] out just for the random ones.

[3:44:27] The transfers out.

[3:44:28] That would be the leased vehicles that they have.

[3:44:33] Those payments cannot be made within general fund.

[3:44:35] They're moved to equipment reserve for that payment

[3:44:40] to be made.

[3:44:40] And that's why if you go police departments, the largest,

[3:44:42] they have the largest, most of the vehicles, most

[3:44:46] of the vehicles in the general fund.

[3:44:48] Correct yeah.

[3:44:51] Court same scenario.

[3:44:57] A lot of the other charges is bad debt,

[3:45:01] which is also part of the other charges in the fire department.

[3:45:05] So those accounts that are not being paid that we have

[3:45:08] to write off after two years.

[3:45:10] Are we adding a staff member.

[3:45:12] Their personnel went up or.

[3:45:16] Their shorter person right now.

[3:45:18] Oh, and so if that person comes back in then yeah.

[3:45:22] But we have not added we don't have

[3:45:24] we're not adding any additional personnel in this budget

[3:45:26] next year.

[3:45:28] No, no.

[3:45:29] That's already a spot that's just open.

[3:45:30] Yeah so we have one clerk that's gone right now.

[3:45:33]

[3:45:36] OK yeah.

[3:45:39] Engineering the transfers out back in 2025.

[3:45:48] All of the work that engineering department

[3:45:51] did for other projects.

[3:45:53] A lot of the streets, water lines, things

[3:45:56] like that, we were transferring their personnel

[3:45:59] costs to those projects.

[3:46:01] We're not able to do that because most of the projects

[3:46:04] are state funded and they do not allow that charge,

[3:46:08] so their personnel expenses are staying within their funds.

[3:46:10] So that's why transfers was so high in 25

[3:46:13] and has declined the following two years.

[3:46:17]

[3:46:21] Golf course and golf shop kind of same story.

[3:46:25] Your commodities is all of your chemicals on the golf course

[3:46:30] itself and then utilities of watering when they

[3:46:35] have to for the golf course.

[3:46:38] What is capital right now Goff course has.

[3:46:43]

[3:46:46] No, that would be a bond issue.

[3:46:49] They have a sprayer that they're wanting in 27.

[3:46:54] That's $90,000.

[3:47:02] OK parks and the aquatic center.

[3:47:05]

[3:47:08] Personnel is declined a little bit since 26.

[3:47:14] Utilities continue going up again.

[3:47:17] Water is the biggest one on that one.

[3:47:20] And did we give them an extra in their contract this year

[3:47:25] or did we say leave it the same as 2 years

[3:47:27] ago for the aquatic center.

[3:47:29] There was that increase if they stay open those extra weekends.

[3:47:32] Oh that's right.

[3:47:33] It may or may not be.

[3:47:34] Yeah if they don't stay open.

[3:47:35] Kevin, we haven't heard anything about that at this point.

[3:47:38] No not heard or anything.

[3:47:42] And then the zoo.

[3:47:45] Personnel and commodities.

[3:47:46] You got to feed those animals.

[3:47:48] So that's why commodities is higher.

[3:47:51] And again the water for those.

[3:47:56] And they don't have any capital this year out of general fund.

[3:47:59]

[3:48:03] So yeah.

[3:48:05] And then the Civic Auditorium that is for this building, as

[3:48:09] well as the maintenance contract for the library, the concessions

[3:48:12] here.

[3:48:13] And then there's also a division for mowing.

[3:48:17] That's not park related.

[3:48:19] That's all under the Civic Auditorium department.

[3:48:24] And I will say all of the expenses

[3:48:28] for this building hit the Civic Auditorium department.

[3:48:31] We don't break out the water or the electricity or anything

[3:48:34] like that.

[3:48:35] I turn the lights off in the bathroom.

[3:48:37] All of that is paid in this department.

[3:48:43] We could reduce mowing if we get some goats or ducks.

[3:48:49] We should have ducks.

[3:48:50] And then the building and neighborhood development.

[3:48:52]

[3:48:55] Again, personnel costs in there.

[3:48:58] The transfers are your enterprise

[3:49:02] vehicles that are going out.

[3:49:04] And so pretty straightforward Municipal Airport.

[3:49:15] The commodities is where the fuel

[3:49:17] lays at in there is a profit between the amount of fuel

[3:49:24] that we are buying versus what we're selling.

[3:49:26]

[3:49:29] Have they started, Trey, on putting that new pump in.

[3:49:33] The new gas pump that doesn't look like it's from 1940.

[3:49:36] Yeah that was signed.

[3:49:38] I know that part of that project,

[3:49:40] the bid came in higher and Brian and

[3:49:42] they've been working on that.

[3:49:43] But the gas pump project has been greenlighted.

[3:49:46] It's that second part of it, which

[3:49:48] is the apron extension, that bid came in about half a million

[3:49:51] higher than.

[3:49:52] So we're just waiting for somebody

[3:49:53] to put in the new gas pump.

[3:49:54] Yes, that part's been approved.

[3:49:56] It's the second part, the apron that we need to figure out.

[3:50:02] And then the last slide is a quick summary of all the CIP

[3:50:08] that is in general fund.

[3:50:12] So this year or 27, it's 475,000 versus

[3:50:18] this year it's about 312,000.

[3:50:23] So a little bit higher on our capital items.

[3:50:28] Mostly because of the park mowers.

[3:50:31]

[3:50:35] So questions as Trey indicated we're continuing

[3:50:39] to look through the budget.

[3:50:42] See what adjustments and tweaks we can make.

[3:50:47] Hoping to end the year with a budgeted balance of 1.6.

[3:50:53] This budget here is presented is at 1.3.

[3:50:57] That is.

[3:50:59] And we did not talk about the revenue side,

[3:51:01] but revenue is flat with our Mills from last year

[3:51:09] or for this year.

[3:51:10]

[3:51:14] And we'll look at that a little closer to.

[3:51:15] Yeah questions direction.

[3:51:20] So Trey, you talk a little bit about personnel

[3:51:22] when we first started.

[3:51:24] And then the fact that you're watching

[3:51:28] that real close to making sure what you

[3:51:30] hire for and what you don't.

[3:51:32] Can you explain the areas that are a must hire.

[3:51:35] I mean, obviously public safety is first

[3:51:37] and foremost, we have an engineering

[3:51:41] position open right now.

[3:51:43] Unless somebody really outstanding comes our way,

[3:51:46] I'm going to hold that.

[3:51:47] Especially as we start to go into the quieter time.

[3:51:50] That may be something.

[3:51:51] I haven't had this conversation with Jim,

[3:51:53] but as we get into January, maybe take a look at that

[3:51:58] right now.

[3:51:58] But the bad thing, all these positions.

[3:52:01] And I'll use engineering as an example.

[3:52:04] If we have a project.

[3:52:06] And if we have a certified inspector,

[3:52:08] it is a whole lot cheaper for us to have

[3:52:11] our own certified inspector than hiring typically

[3:52:15] BG to be the Inspector.

[3:52:17] So there's cost savings.

[3:52:18] Now, if we don't have a project coming up,

[3:52:20] or if we have somebody who's going to take two

[3:52:22] years because the guy that we had,

[3:52:24] I think he started one day before I did,

[3:52:26] he was here for four years.

[3:52:28] He was an excellent inspector, and he went back to Wyoming.

[3:52:31] But then they brought in somebody to train.

[3:52:33] And not that he wasn't a good person.

[3:52:36] It just was not a good fit for him.

[3:52:38] Pam so.

[3:52:39] But he was not somebody that we could send out

[3:52:41] and say on day one, go do it.

[3:52:43] So that's something we have to manage.

[3:52:46] I know we have a court clerk position open right now,

[3:52:50] I think have a little bit of a conversation about that.

[3:52:53] But we just look at them as one offs.

[3:52:56] Obviously debtor's position is another one that we.

[3:53:01] Well not debtor's position, but we for now

[3:53:05] we went ahead and stepped back from having that position today.

[3:53:09] So I mean I think we just have to look

[3:53:11] at it on debtor's position.

[3:53:12] We didn't feel Taylor's correct OK.

[3:53:16] Thank you.

[3:53:18] What if whether she likes it or not.

[3:53:22] Yes the former Taylor position is we left that open.

[3:53:28] So, we continue to look at all of those on a case

[3:53:31] by case basis.

[3:53:34] OK looks good.

[3:53:37] Are you feeling better.

[3:53:39] Feeling a little better.

[3:53:40] I think we need to tease some stuff out a little bit.

[3:53:42] Yeah, I fire department still.

[3:53:45] I mean, if you go back to fire department, probably.

[3:53:48] They were understaffed for years.

[3:53:50] They are.

[3:53:50] I mean, you're still seeing pretty good personnel jumps.

[3:53:53] I need to tease that out a little bit.

[3:53:55] But the fire department when you and right here

[3:54:00] it's combined EMS and fire.

[3:54:02] Typically we presented as two separate budgets.

[3:54:04] But it's our biggest department of course it's biggest general

[3:54:08] funded department.

[3:54:10] I think 53 is what they have and 53 firefighters.

[3:54:15] But it's like insurance.

[3:54:17] You pray you don't ever need it.

[3:54:18] Oh yeah.

[3:54:19] But if we can have them when you're we've

[3:54:20] had a couple days through the summer

[3:54:23] that it's been between those pressing for them.

[3:54:26] Yes it is a little bit less personnel.

[3:54:29] So we have guys are authorized 43 red light I believe it is 44

[3:54:35] now 44 with the SRO position.

[3:54:37] That school district is reimbursing this

[3:54:39] for three quarters of that.

[3:54:40] But so 44 plus we have 3 and that.

[3:54:46] And that's what we call sworn.

[3:54:48] Even though firefighters aren't sworn,

[3:54:49] we sometimes still call them sworn.

[3:54:51] But, firefighters versus admins.

[3:54:53] So right.

[3:54:55] Fire department has three admin.

[3:54:57] So takes them to 56 PD has you count you have

[3:55:04] four admin five admin with Brittany and PD

[3:55:09] because they have to do all the records as part

[3:55:11] of that it takes up to 4949.

[3:55:15] Yeah so and that's another place that we have.

[3:55:20] When the police chief's administrative assistant left

[3:55:25] last year, we moved a records clerk in there,

[3:55:29] and she's kind of been half time doing both jobs.

[3:55:33] Said she could do a little bit of overtime,

[3:55:35] but that's been cheaper than filling that position.

[3:55:38] So we continue to look for opportunities

[3:55:41] as we have openings.

[3:55:43] And some of it is capability.

[3:55:46] I had a very capable person that we could

[3:55:48] move up to the deputy position.

[3:55:51] And I feel like with Taylor that we're good running right now.

[3:55:55] And of course, bringing Brian in for public works director.

[3:55:59] I mean, there's just we have so you have to look

[3:56:01] at it always old debate.

[3:56:03] Do you build an organization around personnel

[3:56:05] or do you build it around functions.

[3:56:07] I think it's a little bit of both, because when you have

[3:56:09] people who are capable can sometimes run with a little bit

[3:56:14] less a little later.

[3:56:15]

[3:56:20] I think we're good.

[3:56:21] Thank you.

[3:56:21] OK thank you Janet.

[3:56:22] We'll be looking at utility funds.

[3:56:24] Yes and we'll probably talk a little property tax.

[3:56:28] We'll look at this a little more on the fifth and then talk

[3:56:33] about utility funds.

[3:56:34] But water runs.

[3:56:37] Mac is looking at some numbers for us

[3:56:39] on that solid waste and waste.

[3:56:41] So all three of those, we're looking at numbers.

[3:56:43] So it may be one of those that and we're trying to get those

[3:56:46] all to come back together and have that big conversation

[3:56:51] because we're aware that you can say water is one thing,

[3:56:54] wastewater is another.

[3:56:55] And trash people only look at their total bill.

[3:56:58] Yeah so yeah that is true.

[3:57:02] All right.

[3:57:03] They don't know what the water I mean right.

[3:57:05] We need an executive session.

[3:57:08] How long do you want.

[3:57:09] 30 30.

[3:57:11] Start with 30.

[3:57:12] Are we going downstairs or do you want to.

[3:57:14] Yeah downstairs is just easier with Aaron.

[3:57:16] Can you make the stairs.

[3:57:17] Oh, yeah.

[3:57:19] Move oh.

[3:57:20] Go ahead.

[3:57:20] No, you go for it.

[3:57:21] I move, we adjourn to executive session provided KSA 75 4319b2

[3:57:29] to protect privileged communication and the attorney

[3:57:31] client relationship.

[3:57:33] The opening meeting will resume.

[3:57:36] We sit downstairs.

[3:57:38] Yeah We'll go back into downstairs.

[3:57:40] Downstairs at Aaron.

[3:57:43] Who did the math.

[3:57:44] Well how long.

[3:57:45] 30 I didn't say 30.

[3:57:47] The math man 322.

[3:57:49] You agree with that.

[3:57:50] 322 Kerry.

[3:57:52] Yes, and we're not expecting any action.

[3:57:54] Oh OK.

[3:57:57]

[4:28:14] We return from executive session with no action to be taken.

[4:28:17] I'll make a motion to recess into executive

[4:28:21] session until 3:35 PM.

[4:28:26] Second all those in favor, please say Aye.

[4:28:29] Aye Motion carries.

[4:28:30]

[4:39:34] It'll actually be taking a motion to adjourn.

[4:39:36] So moved.

[4:39:37] So moved.

[4:39:37] Second all verify.

[4:39:39] Aye Aye.

[4:39:41]

Commission Meeting

Agenda

Transcript