Is that what.
We will call the city commission on July 22.
Meeting to order.
All five commissioners are present.
All city staff is present.
We do not have any proclamations.
We have our first sheet coming to me.
I'm going to read a statement first.
All right.
We're about to.
We're about.
Sorry everyone will get two minutes
and we head into public forum.
I will bang the gavel and you will need to stop.
Unfortunately, today I cannot let any
of you go with your time over.
Today we will not be tolerating any comments or disruptive
behavior from the audience.
This is your Warning.
If we find your actions are being disruptive
will be asked to leave the room.
Please be respectful of everyone's
time and their own opinions.
Because of the capacity of this room,
we will follow a specific format for public comment.
Those seated in this room will be called on first to speak
after speaking and signing in.
They should return to their seats in this room
once those speakers have had an opportunity to comment.
Individuals who wish to speak from the overflow rooms
will be brought into the room.
Groups of 10.
Which is why we have the chairs.
After they are done speaking, they will be returned
to their overflow room.
We will also again need to be firm with the two
minute public comment limit.
This is not intended to diminish anyone's viewpoint.
It is simply the fairest way to ensure everyone
has their chance to speak.
Thank you in advance for keeping this meeting
orderly, respectful and focused.
So we will move into public forum.
Public is invited to make comments at this time.
Please limit comments to two minutes each.
Please state your name and address
prior to making comments.
And we will just start with my thought at this time.
Hello, friends.
Hey, I'm Mike law, 137b South kahola road.
I want to make one thing clear.
I'm not representing the membership
of the Chamber of Commerce.
I have the board support, but I'm not speaking
for the individual members.
Just want to make that clear.
No need for me to quote back to you any more
facts on this situation.
I know you know all inside and out.
You've probably digested more than
and mastered more than you ever wanted to on that data center.
So thank you for that, and I commend you for that effort
and realize today, you're not here
to Green light a data center.
I want to make that perfectly clear.
What the situation is.
You've done your homework, you've listened,
you've discussed, and I'm sure you've
spent many a sleepless night.
And that sucks for you, but I encourage
you to make that next step, approve the zoning request
and get to the next step.
And let's see where this opportunity can take us.
As the development agreement can't
move forward without your approval and guidance.
And I trust you and I trust you all after all this,
that you do what's best for Emporia
and Emporia, community and the economy,
with multiple safeguards in place.
And our community can see probably
the single biggest economic boost in the history
of the state of Kansas.
I've only been this interim gig for about 126 days,
not counting by any stretch, but I can tell you,
I'm thinking about kicking around this deal for a couple
of years, and I've seen one thing thus far,
and it's not breaking news to you all.
Emporia could use this kind of lift.
Thank you.
Thanks for your time.
And I appreciate you.
All right.
Casey woods.
Before I begin, I wanted to thank
commissioners for your continued work on behalf of Emporia.
My name is Casey Williams.
1228 West Street will serve as the Executive Director
of Emporia Main Street.
I encourage you to adopt the rezoning of tracks 1
through 11, as recommended by the planning and zoning
commission, and to adopt the proposed digital overlay
standards for the same properties.
It's important to remember what these actions do
and what they do not do.
Approving the zoning and overlay does
not approve a digital campus or authorized construction.
Instead, it gives our community the opportunity
to market the site and engage in direct negotiations
with the potential end user.
Only after those negotiations would
a detailed development agreement come back before this commission
for consideration.
We strongly encourage a process where that development agreement
is made available for public review
before any formal action is taken.
That agreement should clearly define
measurable and enforceable standards
covering issues such as jobs, wages, infrastructure,
utilities, environmental protections,
community investment and other community expectations.
Those are the facts our citizens deserve to evaluate.
The foothills digital campus discussion
should be based on factual projection project
information, not fear assumptions, personal attacks,
or speculation.
Let the public examine the actual agreement.
Let everyone ask questions.
Challenge the details and determine
whether the proposal meets the standards our community expects.
If it's a good deal for Emporia, let's approve it.
If it isn't, let's reject it.
But our citizens deserve the opportunity
to evaluate real facts and enforceable commitments
before making that decision.
I encourage you to pass a zoning and overlay
as recommended by the planning and zoning commission.
Thank you for your time and consideration.
People on the upstairs said they can't hear it,
so it's a violation unless they can hear it.
Can you guys fix the audio upstairs.
Doug McGaugh is next.
Thank you.
My name is Doug.
I live at 1809 Briarcliff lane.
There may be legitimate reasons for confidentiality,
but planning a data center nearby
will affect the whole community.
And the community needs to have proper input from the get go.
Instead, you sat on this for eight months
using NDAs to hide it from all but a select few
and then spraying it on the rest of us
when there was little time for comment or response.
This is an inexcusable ethical lapse.
US additionally, you worked this out with some very
Shady investors and developers.
Any guardrails you have laid down
are either not publicly known or are non-existent.
Are there benefits for the data center.
Yes some investors and people with insider knowledge
will get financial boosts.
There will be construction jobs that will bring in short term
economic growth, along with tremendous congestion
and noise pollution.
But you have all heard from others the ecological pollution
and social issues that data centers have created elsewhere.
Suffice it to say that there are 0 long term
benefits for most of us.
And what is all this for.
What is the purpose of AI.
It is.
It is to increase government surveillance 24/7 seven.
Maintain records of all of us permanently,
mostly be via flock cameras.
Privacy will be a pipe dream instead of a right.
Over 70% of Americans now oppose data centers
and the numbers in Emporia.
If you bothered to poll outside, the business community
are right in that area.
The data center being proposed is unneeded,
has no enforceable guardrails, is
being pushed through too fast.
Is sponsored by very questionable developers.
It needs much more time for study at the very least.
Table the decision until after the election.
I leave you with two words.
Festus, Missouri.
We're moving on to Lawrence.
And then Kathy Lamb is on deck.
Sorry 11:09 Luther street.
Please do not insult our intelligence today by telling us
that you are considering only a land use
agreement that is separate from Gary
Pinkston and Kansas Park Place.
Let us not engage in that kind of semantic nonsense.
We all see the elephant in the room.
We are not talking about land use agreements and annexation
with no clear end game.
This is about a data center campus.
We all know it.
So let's just call a spade a spade.
Gary Pinkston keeps trying to have it both ways.
On the one hand, his interview with kvoe radio
he presented himself as the primary developer
for Kansas park.
And then just four days later, when
questioned during his bankruptcy hearing,
Pinkston denied knowing anything about the project.
It can't be both.
On the one hand, an image has been created of Pinkston
as a kind neighbor from good old Chase County
come to Emporia to offer us a great economic opportunity.
On the other hand, during his bankruptcy proceedings,
Pinkston said he knows nothing about it.
Can't have it both ways.
Why on Earth are you even considering
doing business with such a duplicitous character.
Oh, but Pinkston is not the only Shady character in the room.
I'm wondering which city commission
we're going to see today.
Will we see a group so desperate to grab on
to some kind of economic project that they will even do business
with a Shady character like Gary Pinkston,
Nordstrom and their LLC.
Or will we see a commission that we thought we elected.
A group of leaders who care about the people of Emporia, who
care about our air, our water, our property
values, and our quality of life more
than they care about lining the pockets
of a few well-heeled investors.
Which city commission will you choose to be today.
I guess we'll find out here shortly.
All right.
My name is Kevin Lamb.
I live at 10 1706 East 10th Avenue.
For three years, I protested in front of a abortion mill
in San Antonio, and I had the Archbishop of San Antonio come
and was with us, and he would say are filled with passion
and you are filled with the Holy Spirit.
And I don't know what you are filled with.
I think everybody back here has an idea,
but I don't know what you are.
I don't even know you.
I've moved back.
I was born and raised here.
I just moved back.
But I know that if you truly care about your people
would not even consider a facility that causes
cardiovascular disease, pulmonary disease,
different types of cancer, stillbirth,
miscarriages, deformities.
How can you even consider that.
But let me go back to the threats
and being called on by the cops.
Last night, like I said, I was in front of an Abortion
Every single Saturday for three years till we moved to Florida.
I had guns in my face, I had shotguns pointed at my stomach.
I had beer bottles thrown at me.
I had soda bottles thrown at me and I stood my ground.
I had cars swerve at me.
But because the Bishop said, the Archbishop said,
you're filled with the Holy Spirit
and you're filled with passion.
I'm filled with passion and I'm filled with the Holy Spirit.
And this is my town.
These are my citizens, and I don't want them to die.
A pulmonary disease or cardiovascular disease
or a multiple type of cancers that you know very well
is capable of happening once it goes in.
And I want to thank Tammy Ogle for answering my email.
I wanted to meet with you.
I said it wasn't a debate.
You didn't even reply.
You didn't even make up a lie and reply.
So I don't know why.
Why you are so unaccessible to us and why you are so.
The lack of transparency to us.
We don't work for you.
I don't know who I voted for because like I said,
I. I don't know you.
I don't but I do now.
And those of you who are supporting that God
have mercy on their souls.
Yeah OK.
Up next.
We have a second set of papers.
All right.
Hello, everybody.
My name is Jay.
I'm from Emporio, neighbors United.
And I've been trying to.
1319 Lawrence Street, right around the corner.
So I have been traveling all around the County talking
to our neighbors and admire Allen,
Americus, Redding, Hartford, Neosho Rapids, OPI,
and no one wants it.
They're worried about their water.
They're worried about if this happens here, then
what happens to them there.
And so, to be good stewards of our neighbors,
this isn't just a city conversation.
This is a County wide conversation and discussion.
Our County Board of Commissioners took the lead
and took a six month moratorium on this.
I know you guys.
And you all had record donations.
You guys broke a record for the most campaign contributions
in a city election last time.
Is that why you guys are not listening to the people.
Is 10,000 to $13,000 each a reason to not hear
the people of your community.
We have shown up 500 strong.
We have shown up time and time again.
We have brought the facts.
We have the experts.
We've read the studies and reports.
We've tried to meet with all of you
and you have been aloof, non-responsive,
avoidant, corrupt.
Gaslighting, fear mongering.
Is that who you want to be.
Is that the legacy you want to set.
Is that how you want your children to look at you
and how you go down in history on the wrong side.
This is not a project that we want or need,
but this is the project that obviously
has some type of bearing in your personal lives.
Are you getting money in your own personal bank accounts.
Are you getting a condo in Hawaii.
We deserve to know.
I filed a court request for $1,740.
And I haven't received any of your emails, your phone
records or text messages.
But when we do better believe some recall.
Elections are coming.
Take care.
Where are we on.
Are there people in that third row.
So, Bruce, we'll start with Bruce and just go down the row,
I guess.
Can you just pass it down the other rows as well.
I feel like it just made it.
They're going to do it.
I think after they talk they're going
to come over here and sign it.
But can we get people on deck so that anybody
else that's speaking.
When you're done speaking, step over here and sign your name
and address please.
OK I was just trying to be efficient.
Oh, here you go.
OK you're up.
All right.
Thank you all.
Bruce Bedford.
2214 East Bayfront court here in Emporia, Kansas.
Thank you for allowing me this time to speak as a proponent
of the applications.
I'm here for two reasons.
The first, as a representative of RDA
to express the support of the rezoning
and the property of the property to the industrial use
and for the digital infrastructure overlay.
The RDA is the economic development agency for Emporia
County and more particularly promotes industrial development
and is supportive of approving these action items.
Today, the RDA anticipates a positive economic impacts
to the community, job creation, infrastructure development
and new property taxes created to lessen
the burden on the existing residents and business owners.
The RDA promotes this application
and asks you to vote yes.
I'm also here as a local small business owner.
I am cautiously optimistic about this
potential economic development.
I've also spoken to several local businesses,
and they also express their opinion
to approve these action items.
The local businesses want and need the community
to progress with economic development,
and want to see the developers agreement
and how that would impact the community.
Thank you for your time and your patience in this matter.
Please vote yes on these items.
Thank you.
All right.
That row.
Yeah give me a.
Back row.
I know we're coming back.
OK keep coming, keep coming.
Charles Brown, 1310 Lawrence Street in Emporia, Kansas.
Garrett Pinkston changes his rhetoric and his numbers often.
He now claims in a recent private meeting
with the remaining land and homeowners surrounding
the rezones tracks that the project will only bring 30 to 40
permanent jobs to Emporia.
This is retreating from his earlier promises of 500 jobs
and consistent with all public data,
hyperscale data centers do not create jobs.
They eliminate the need for human jobs.
Pinkston understands this.
He says, quote, data centers are like business centers.
It just has machines instead of people.
He's right.
Data centers are run by AI and not people.
These revelations collapse the main rationale
for supporting any data center and local business.
People have repeated those 500 claims.
Meanwhile, the city government claims they are not supporting
this project, but only creating conditions
for any similar project.
This is not a model for responsible city government.
The Kansas reflector states that a member of the planning
commission justified their vote to recommend city Commission's
approval of today's issue, because it would be at the city
would be at risk for a lawsuit without this recommendation.
This is consistent with the pattern of deep pocketed
big tech industries suing city governments
that resist their demands.
The Department of Justice has labeled data centers
as necessary for national security,
giving them unprecedented federal protection
from any legal challenges to their lack
of compliance with federal or city regulations.
And yet, city government expresses confidence
that they can accomplish what no other community has been
able to do to write and enforce contracts
that will save Emporia.
Thank you.
All right.
Who is next on that rope.
Nobody Nobody anybody else on that rope.
Road you're leading the pack here.
Ralph Thomas, 1717 Lincoln Street,
formerly 668 road 190 for 27 years.
I'm opposed to the data center.
I supported the opposition, signed the opposition petition,
which will ban it or go to a Citywide vote,
which I feel like should be a countywide vote.
I'm sorry for the job losses in Emporia.
I'm concerned about them, too, but I
don't think we should be taking something
that no other community wants.
They put Europe year moratoriums on them.
This makes no sense to me to take
acres of ground, to create 5,000 jobs, or whatever is promised.
If the location had been out by the Everjoy center at 200 and S,
maybe with a good developer involved in no secrecy.
I think I would be more in favor of this.
I'm opposed to tracks 1, 2, 3, 4 going from AG to industrial use.
This puts road F5 on an island, and if this does not go forward,
that should not be zoned industrial tract 11.
That Scott peak owns that should be left for housing.
We've approved the Cedar Creek development.
I don't know what they're going to think if they get a data
center right behind them.
How they going to sell lots.
I'm not opposed to tract 8, 9 or 10 going industrial.
If Mr. Smoot doesn't think he needs more room for expansion.
And his tract on the South side of highway 50,
and I talked to Sam Shealy about 2/3 of that's not
in the floodplain.
Kim Hollins a lot of that's in the floodplain.
I just don't feel like the city government has
the ability to work and stand up to these billionaire
corporations.
And I think Pryor, Oklahoma was not used as a good example
of what we're looking at here.
They're already putting an opposition petition on that.
Steve look, I warned you, we're going to try and get
through this efficiently.
So every time somebody starts popping and hooting, hollering,
that puts us behind even farther.
So who's up next, Chief.
Is there, done with public comment in that room.
Yeah could we.
Back row Start back row.
Looks like they're done.
Becky would be too nasty.
I'm trying to be nice.
Hello, I'm Ty Gorman.
I'm with the Sierra Club national Sierra Club.
I represent 18,000 10,000 supporters in Kansas, as well
as hundreds in Lyon County.
And, I'm here to talk about some of the issues with data centers
that we're facing around the country.
I work with mainly the energy issues
that data centers present.
I understand that we're well, we are working with a coalition
that is trying to make sure that there is transparency,
that there is meaningful public input, that there is water
protection, that includes, insurance of closed loop systems
and making sure that there is no pollutants going
into the groundwater from these facilities, this kind
of meaningful community participation,
before making a decision that allows
a data center to move forward with the development
is very important.
I have submitted and will submit to those
who haven't gotten it a letter with all of these details.
I want to spend my last minute talking about the power
right now, the Trump administration
is trying to pass a regulation that would remove any guardrails
on point source pollution, diesel generators, gas
generators on site at data centers.
I'm testifying against it later today with the EPA.
This means that I mean, in other data centers around the country,
there's 500 diesel generators being put at these sites,
pumping deadly pollutants into the air.
The community is causing heart issues childhood asthma,
premature deaths, the or gas turbines
doing the same thing in Memphis, Tennessee.
With these pollutants, there has to be guardrails put on
at the local level because no one else is doing it
at the state or federal level to make sure that we're not
poisoning our communities, to make sure that these facilities
are bringing their own clean energy
and that they're held accountable for that
before they get passed these local government
stages of the process.
So thank you for not approving this
without those considerations.
Thank you.
All right.
I got you something.
Oh, no.
I'd say the first thing is up here.
Yeah now he needs to get out the other end.
OK my name is Leslie Smith, and I live at 9:15 Neosho street.
For the past 39 days, many citizens
have shown up to share their feelings, research, and pleas
with you to stop approving the next step of the 37 step process
to allow the data campus to be built in Emporia.
I'm here again as one of the many who are
asking you to hear us again.
In light of the apparent misconduct at best
brought to our town by the possibly is possibly
isn't developer Gary Kingston.
It seems many of us were right to be suspicious and concerned.
Now, not only do we have the concern of a 1,000 acre data
campus and all the ills that come with it,
but we have the concern of our town possibly doing business
with a man who appears to have a questionable reputation
and dubious business ethics if Pinkston truly
isn't the developer, contrary to what he has previously stated,
and it really is his daughters who live out of state.
Does this seem like a man we can trust to be the president
of their organization.
Also, when are we going to hear from his daughters.
Even if you ignore our concerns about the environment, energy,
uses, pollution, et cetera, et cetera,
as well as the impact on our community,
it would be a foolish mistake to do business with such
a dubious organization.
I hope you can see that in my research about dyos,
I read that all city policies should be completed and in place
prior to implementing a dio.
That makes me think that you shouldn't approve the dio today,
with this latest incident from the developer
and the continued concerns presented to you by Citizens.
I respectfully ask you to put a minimum of a one year moratorium
on approving a data center in our town.
This will give you time to put thorough and fine tuned
policies in place.
If you're unwilling to do that, I
ask you to vote no on the rezoning and DO issues
on the agenda today.
I will.
OK two things that a proposed data center would progress
with such speed through the slow and deliberate machinery
of a municipal government, is alarming that the proposal could
advance while the true owners and developers, whoever they may
be, are shielded by the secrecy of limited liability
companies is outrageous.
That's from Max McCoy, and the time
you're spending on a traffic study for a coffee shop
proves you can slow down the process.
If you want to keep clapping, we'll have to just remove you.
You'll have to go watch sometime.
Sorry I didn't get your final one.
Thank you.
It finally dawned on me.
Y'all don't care how many statistics
or examples we show y'all.
Y'all don't care how much we've shown you.
How much we love this city, how much we love the environment
that surrounds it, and how much we
don't want another huge, soulless building amongst us.
You are our representatives, so why
don't you want to represent us.
Maybe y'all just defer to Trey because he's not
paid pennies to do what.
Do this work.
But maybe the city manager doesn't
see himself as a public servant since he's appointed.
We don't need someone sitting around soaking up $200,000
a year to tell us it's this project or nothing,
and that Pinkston's financial woes are a non-issue.
How is it a non-issue if you're trying to put our town in bed
with someone who owes people millions of dollars
and is apparently bankrupt.
Trey says he can't speak to why Pinkston
is portraying himself as a spokesperson and developer.
Well, what can you speak to.
He said, if you say no to a project of this magnitude,
nobody else is coming.
And what Trey really means by that
is if we don't allow this project to move forward,
he's going to stop trying.
Does this sound like a person who should be managing our city.
We don't think so.
We think that we need to completely revamp
our local government because obviously
it's not working for us.
We, the people deserve to say, deserve a say.
And the people deserve to know why our tax dollars are being
squandered on people who don't feel obligated to owe us
an explanation.
Trey has been a city manager since 2021
and I think it's time for a change.
I call for the removal or resignation of Trey cocking
for his defeatist attitude, his misuse of taxpayer money,
and for his overall lack of caring about the people who pay
his Bills and poor neighbors.
United have three petitions to restructure our city government
and change how empty petitions are filled
or positions are filled.
So please hit up Emporia neighbors United
if you'd like to sign that, I would love all of you
to sign it.
Thank you.
All right.
Is there somebody you would like.
No Who's next.
OK are you next.
Back row.
Front row here.
Oh, wait a minute.
That's right.
One can be on deck.
Go ahead.
Natalie Duncan, 639.
Washington I am vehemently opposed to rezoning
those properties to the dio.
I do not want any shape, or form of a data
center or battery center or anything on that property.
I want to conserve nature.
I do not want all of the secrecy and lack of information
that we have been getting.
I want more information on what people are basing
in the city their decisions on.
I do not want.
Large money entities corrupting our city with things
that we do not want.
I don't have anything else.
I didn't come prepared.
I just wanted my thoughts.
No thank you.
All right.
Last one back there.
And I think we're coming to the front row.
For everybody, please.
I'm Erica Martin, 1423 State Street.
With a population of less than 12.7
people per square mile and few man made structures.
Visitors commonly spot Hawks, songbirds, deer,
coyotes in the Flint hills.
This quote is from visit Emporia on what
brings people to Emporia.
The proposed rezoning replaces soil with pavement,
increasing runoff to streams.
Engineering can try to mitigate the runoff caused by impervious
surfaces, but you cannot afford to engineer the rate
of water infiltration that soil and plants
already do for us for free.
Emporia is situated between the Cottonwood and Neosho.
Both rivers are documented range of the Neosho madtom,
a small catfish listed as threatened under the Endangered
Species Act.
I take people of all ages to our prairie and our streams.
It is amazing what we have right here.
When you remove the natural system
that helps maintain water quality,
you end up paying for it.
Exact values vary by region, but these services
include water purification, flood control, and carbon
sequestration, and yield economic benefits
that consistently exceed the cost
of any anthropogenic solutions.
The current tracks are not untouched tallgrass prairie,
but they are also not impervious concrete.
They are somewhere in between.
This rezoning, which may result in a data center,
doesn't destroy manufacturing jobs or the University,
but it does directly threaten the one
economic asset that can never be rebuilt
once it's paved our prairie.
When visitors come here, would you take them on a tour
of the city and the County.
Would your tour include a 1,000 acre data center.
I ask that the city adopts a dio framework
with strict environmental conditions,
but deny rezoning of these particular 11 tracts.
I also suggest a one year moratorium on data centers.
Aldo Leopold.
Leopold said a thing is right when
it tends to preserve the integrity, stability, and beauty
of the biotic community.
It is wrong when it tends otherwise.
And I say nobody likes dying wishes,
wishing they'd spent more time surrounded by concrete.
The packets that you have are eight different articles
discussing the heat island effect
and runoff concerns for the rivers and streams here.
Thank you.
Edgar 1106 Neosho.
I'm here to ask you to not move forward
with the recommended rezoning of agricultural land to industrial.
As that goes against the comprehensive plan,
agricultural land should stay AG because that's
what the people ask for.
Just like the people have repeatedly
asked you to stop this process because if it looks like a scam,
sounds like a scam, then it's probably a scam.
I don't even know what to say at this point.
I feel like I'm in an M Night Shyamalan movie,
except it's terrible and the plot twists keep coming.
I knew everything in the developer's website were lies,
but I never dreamed he would confirm it himself
in testimony under oath.
Now, I don't believe a damn thing about this project,
and I distrust anything that has to do with the sham.
From looking at the developer's history,
his Mo seems to be go where no one wants you force your will
on the locals, destroy natural resources,
and run away when things get bad.
The demand for AI also isn't there,
despite what the companies pushing AI are telling you.
It is estimated that 5% to 10% of the population
actually uses AI regularly.
It is not the next utility they are claiming it to be.
The reality is that big tech have overextended themselves
and now this is their investors want a return.
But AI isn't making any money.
This data center boom is a Hail Mary effort to get us
all to pay for their bailouts.
They should be reminded that no one
asked for them to train their models
on all of human knowledge.
We should tell them that no one asked for them
to hoard all our personal data.
No one asked for them to make technology so inefficient.
It requires millions of gallons of water to run.
These data centers don't need our water.
We must let them pick themselves up by their bootstraps
or burn down.
Inefficient large language models are also
not artificial intelligence.
They are pattern recognition machines that guess
nothing intelligent about them.
This technology could have been useful to make our lives better
overall, but instead it's being used to farm attention, build
flawed autonomous Murder machines, surveil people,
and destroy the environment.
We don't need that now.
We don't need that ever.
Because the only data centers we need are libraries.
And we have a few in town already,
so please do not proceed with the recommended rezoning.
I do believe the dio needs more protections in it,
but if you must pass something, pass that.
But there are many items should be tabled
at least until the petition process has
concluded, but tailor them telling them permanently
would be much better.
Yes, we are yet.
That's something again.
I'm getting reminders from our commissioners.
You have been warned on the clapping.
So moving forward.
Yeah my name is Leah Green.
I know you guys know me.
As I started to write out a statement for today
and looked at the whirlwind of what
has been the past few weeks since June 2.
One thing stood out to me this should not be a people
versus a commission situation.
I don't want to hate my commissioners.
I don't want to hate my leaders.
I want to work with you.
I want to help, and I want to do what's best for Emporia.
We all do.
That's why we're here.
The city has repeatedly said that they welcome public input.
This is public input.
The petition is public input for your neighbors.
We represent over 1,800 people.
To put that in perspective, Aaron
received the most votes out of any commissioner
and he received 1746.
So everyone coming before you today represents as many people
as you have votes or more.
I believe it's time to come together as a community.
And I'd like to offer up a prayer.
If I could.
And I'd ask, maybe you mute the timer.
Just no.
All right.
Dear Jesus, your word says you don't
give us a spirit of fear, but of power
and of love and a sound mind.
Today I come to you on behalf of the city of Emporia.
And I pray that your power and your spirit
will be felt in the hearts of all that are here.
I pray that you will surround us in your love.
I pray for every leader that is here.
Lord, I pray for Taylor, and for Christina,
and for Carey and Trey and Monica
and Aaron and Tammy and Kurt and Becky.
Lord Jesus, I pray that you will give them wisdom.
I pray that you will open their eyes
to see what's in front of them.
I pray for unity in our community.
I thank you, Lord Jesus.
For the people that you have brought into my life.
For the connections that I have made.
And Lord, I just pray that you will protect Emporia,
that you will put your hedge of protection
over this land, Lord Jesus.
I just pray that you know the outcome of all of this.
Lord we know that it is in your hands
and we trust you with our city.
In Jesus's name, amen.
Amen all right.
Good afternoon.
The rezoning authorizes the developer
to do work on the properties.
Oh, sorry.
My name is Anna DeLong.
The rezoning authorizes the developer
to do work on the properties once they
so much as install a hydrant.
That is an investment made.
After that point, it is too late for a moratorium.
The developer knows this.
Do you know this.
This now.
I asked Kurt for a moratorium.
Twice Monica has been asked.
Aaron has been asked.
I mentioned to Becky Smith and Casey woods told me that it
cannot happen until there is a developer
agreement on the table.
I don't believe that is true.
If you approve the rezoning today, it is too late.
Delay this.
There is an ordinance ballot petition out for November.
Please let us vote.
The delay is not sufficient.
It is full of permissive may language.
We're told the developer agreement
will address the issues.
A dio can address these issues.
It can absolutely be 40 pages.
It should read like a utility agreement.
The developer should expect this.
Please send it back to zoning for review.
Back to the rezoning.
It's unreasonable.
It does not support our comprehensive plan.
If you would like to approve it, the plan
itself must be amended with a 20% vote of support
by the citizens, and that should be done before the rezoning
can go through.
These applications run contrary to our plan.
Please follow our ELC plan and golden rule
and deny the rezoning by approving
would be setting a dangerous precedent that will change
our city and County forever.
Trey cocking is willing to take a 50/50 risk on this.
Are you.
It's your reputations.
You are our elected officials.
It's your city Please save us.
Deny the rezoning and send the dio back for review.
Thank you.
Isabel Raleigh, 1019 West 7 Avenue.
I did send an email this morning,
but obviously that was coming in a little last minute.
So I'm going to put out some highlights.
I want to stay up front on the record
that I am opposed to the rezoning of the 11
tracks in their entirety pursuant to ordinance 2622,
and it has been difficult to find
the words to express my thoughts regarding this matter.
How does one take the fear in their heart
and translate it into a string of words,
with the hope that it will touch another.
Sorry technology is the new frontier,
and I fear that we are seeing a resurgence of frontier
mentality along with it.
Those with power, money and time are eager to put themselves
at the forefront of progress, often
with little regard for those they may
hurt on their way to get there.
They want to acquire and amass resources at any cost,
in order to shape the world into one that
will benefit them the most.
In this case, that means getting their hands on 1,000 acres
of our land and turning around to sell
it to the highest bidder.
Land is important.
It's the only thing that has been here before us,
and the only thing that will remain when we are gone.
Then that is what this current ordinance addresses.
Correct the usage of land.
Who gets to make the decisions regarding it.
We are told the decision made today
will not be approving a specific developer, individual
or project, but I feel undue consideration is
being made despite that claim.
The 11 tracks.
So sorry, I'm trying to scan this.
It will change the layout of the neighborhood.
The neighborhood is currently agricultural
under the light industrial zoning that would allow
for warehousing, storage, and wholesale
of explosive volatile products, water well
drilling, and low intensity manufacturing
and processing with only a 60 foot setback.
If they decide they don't want to do a data center
and do different industry instead,
right next to families, homes, yards.
I'm so sorry, Becky, in your I'm so sorry in an article
from the Gazette on January 9, 2018, you were quoted saying,
I really want to make sure our independent entrepreneurial.
Sorry, sorry.
OK my name is Ivy Montgomery.
I live at 1019 West 7 Avenue.
Last time I appeared before you, I
came here to plead for my life and my health
and my safety and well-being.
I'm here to echo that plea again today.
Actually, I hadn't intended to come speak today,
but apparently that's what I had to do just
to be able to be in the room.
It was my intent that if you decide to rezone the tracks
to industrial, which will put people's health at risk,
potentially, that I needed to be here so that I was in the room
and that you knew I was here thinking about that.
Because ultimately, at the end of the day, we're gambling.
We're gambling with people's health
and hoping that we get enough money to keep
us going until the next time.
What happens when we need more money again.
Gamble again.
Again again.
I'm not sure how many agains I can see before I'll be no longer
able to stand here on my own.
When I took the day off, I really
had hope to be sitting in the room
when you all made your decision.
And I am.
Frankly, I can't help but feel that the city has not
been the best host in the world for not having
a venue with enough room for everybody
to be here and be seen, because really,
that's what I wanted today.
Thank you very much.
Thank you.
All right.
Take a bow.
Is there anything you want.
Good afternoon.
My name is Monica Marcus, 1318 Neosho.
Members of the commission and zoning administration.
My name is Monica Marcus.
I have lived in Emporia since 2013.
My full adult life, I have actively chosen to stay
and grow roots into this town.
I have seen it change, grow, shrink, embrace the arts,
lose beloved souls to a global lethal virus.
I've witnessed disturbing offenses,
and I have seen acts of fellowship
that have left me with hope for our community's future.
I am sad to say that the actions of the zoning and city
commission have fallen into the former category for me
as of late, but it can still be changed for the latter.
I urge the commission and zoning administrator
to deny the rezoning of tracks 1 through 11.
I asked them to revisit the decision to further develop
it to be more stringent for future protections,
especially against data centers and battery
energy storage systems.
I do believe in progress and that Emporia needs it.
However, this is not the way that a huge amount
of our citizens want as progress for this town.
That has been abundantly clear by the numbers of people who
have taken hours of time away from their homes and families
to attend and speak at these meetings in person.
Surrounding cities, including those much more financially
and culturally successful than ours,
are putting on moratoriums and bans
on data centers for their communities follow their lead.
Emporia is less likely to recoup from a loss
than these big cities with more resources than we have.
Once rezoning has happened, our fate is sealed
with a proven, dubious enemy.
Are you the commission that dooms
our town, our youth, our nature, our future for money.
Thank you for your consideration.
Molly Williams.
41 75.
I'm here today to talk about the tax incentives
that are being offered.
When you ask the developers about these tax incentives,
they kind of shrug the shoulders and say, well, it's the law.
SB 98 was passed and so we're just following the law.
I would like to talk about how that law was passed.
The original bill presented to the legislature, SB 51, one
was introduced by a representative of NetChoice,
not a representative of the state of Kansas,
the representative of a DC based tech company lobbying firm
with multi-millions of dollars, whose stated purpose is to lobby
against regulations for tech companies
to the detriment of people.
So they have lobbied for this law,
which they are now citing as the reason
for not having to pay taxes.
Now, our federal representatives in DC
have been bought and paid for by the tech industry.
Our representatives in Topeka have been bought and paid
for by the tech industry.
And now I'm standing in front of people
who I believe have also been bought and paid
for by the tech industry.
Now I want to know why a for profit company making billions
of dollars should not have to pay the same kind of taxes
that I have to pay the same politicians who have been bought
and paid for want to make me believe that the people that I
have to fear are people, poor people coming
from other countries under cover of darkness to steal my job
and not pay taxes.
But the people coming in here under cover of darkness
to steal my job and not pay taxes
are multibillionaires from Silicon Valley,
paying multimillionaires from Washington, DC
to make laws that are favorable to them.
And I would like for you all to tell us why these for profit
companies should not have to pay property taxes
and sales taxes the same way that a citizen of your city,
have to do.
Why is it OK for them to skip out on the taxes.
And step on that road.
OK snap clapping in the air.
That is rude and disrupts.
A good job.
It was very clear at the beginning
that each person is given their two minutes
and we're trying to be respectful of that
snapping, clapping.
Any other rude comments or anything.
We will ask you to leave.
You've been warned and we're done.
OK You're up.
My name is alia Diaz.
My address is on the paper.
I've lived in Emporia all my life.
Nearly all my life.
Emporia is where my wife and I bought a home.
I love it here.
It's quiet and peaceful.
Kansas is the center of Kansas, but the heart of it
lies in the community of citizens
who are fighting to keep Kansas beautiful and green.
We've become a tourist spot during unbound and disk golf,
and more importantly, the founding city of Veterans Day.
I felt so good on the way over here,
seeing all the no data signs and everyone's yards.
We don't want this.
Please table all decisions until after November election
and let us vote.
If you love kids you will table this also.
We filled three rooms.
That in itself should say something.
I left this here.
I want this put in my minutes.
You guys all should be literally ashamed of yourselves.
I'm sitting here.
I sat on the third floor and watched as you just sit here
non complacent, looking like you're bored and would
rather be somewhere else.
You get upset anytime somebody calls you out.
When you want to be upset, do something.
Listen to us.
We're all here speaking.
You've got news stations.
We've came to every meeting we've been protesting.
If this isn't going to benefit us,
it's going to surely benefit you guys.
Maybe you'll be able to have a better suit
so your shoulders will fiddle in a little bit better,
a little nicer.
I don't know different things, but listen, this isn't it.
And you got all of us here.
We don't want it.
You're going to put track 11 right there by Timmerman.
There's a school right there.
Don't any of you have children.
Well, maybe grandchildren, some of them.
But I'm just saying kids don't want this.
The community don't want this.
The only one who this stands to compensate or to get.
What benefit from this is.
Seems like you guys and we're all
remembering this come election.
Do what's right.
All right.
Next on the road.
Waving at us distracts us.
So I'm trying to focus on speakers.
Don't look at us.
Hi, guys.
It's Madison Glover, 620 Oak Street.
So this isn't just about the data center.
When major decisions are made seemingly behind closed doors,
it doesn't just affect you guys.
It affects our people.
My people.
These are my people.
The way you've gone about this makes it hard for people
to trust their government.
Trust people like me running as a candidate
who truly wants to help our community and our people.
If money is what is mattering right now.
Then go to DC.
But stop trying to corrupt our town with billion
dollar special interests.
You didn't invite anyone to the table
until the last minute for this decision.
You aren't listening to the people,
but I'm here to serve as a reminder
that the table belongs to the people.
You are only borrowing the chair.
Don't get that twisted.
If you approve this, you'll be going against the people that
voted you into those chairs.
Put us in front of money.
Put us in front of special matters.
Put us in front of you.
We who matter.
We are the people.
And the table belongs to us.
Thank you.
All right.
Next up.
Ask them to leave.
Can I see chief.
Will you ask, will you take the next person out that claps
or anything, please.
Thank you.
Yes hi.
I'd like to speak.
I have a right to speak, so I'll come on.
Jack come on.
Jack that's my spouse.
You'll be OK.
So they have the ability to violate.
Please don't hurt them.
Come on, bro.
Oh, yeah.
There you go.
Let him say.
Let him say please.
He can.
He can be quiet.
They can only.
Do you wait for a minute.
Are you allowed.
Are we good.
I think we're good.
Here we go Yes All right.
We'll call a recess for the meeting back at recess.
My name is Jessica Danford.
I am at 3532 West 20th Avenue.
I'll be sticking to my script at first, and if I have any time,
I'll add any additional comments.
My comment today is to clearly speak
in opposition of the zoning ordinances and DO as written.
The zoning ordinances as presented are too broad.
They were prepared and approved by people who did not
seem to acknowledge a huge amount of public feedback,
and even the concerns of city zoning commission members.
The dio amendments do better at addressing citizen concerns
than they had previously.
They include written noise rules and lighting
standards for the end user.
However, it still leaves gaps that could leave the city
and surrounding County vulnerable with my speech,
I emailed this group this morning
a document that includes a strong that includes
strong baselines and solid potential improvements
to the existing dio, including evidence for the effectiveness
of the associated ideas.
Please review that file as soon as possible.
Voices votes.
Accounting for and approving the dio amendments and the approving
the zoning ordinances need to be tabled for today.
Both need to be reviewed further with more comprehensive
acknowledgment available facts.
I am still of the opinion that you all want
what's best for the community.
I truly believe that.
However, more needs to be done to keep the community voices
and interest in the digital campus project in mind
before moving further with approving any kind
of developer or end user.
Please, please listen to what's said today.
Read what you are sent and engage with the voices
of your constituents.
Finally, I just would like to thank
those of you who have responded to my inquiries
regarding this issue.
I know that based on what has happened just recently,
among other things, there's been a lot of anger regarding
all of this and I appreciate the continued engagement regardless.
Thank you.
All right.
Are we on the road.
Where are we at.
Where are we.
Where are we at.
Are we still.
Are we on the front row now.
Yes no.
Front row.
Whichever end wants to start, I'll start.
Christy Beckett, 1834 road F5.
Several of you have heard Trey say
that he doesn't operate on hopes,
and that promises need to be in writing.
I agree.
A promise that a protection will be
written into the later coming development agreement is hope.
A protection written into the dio is fact.
The most important point is this public protections
and the ability to have basic livability in your own home
or your own yard should not be left to a private negotiation
where those protections can be traded, weakened,
waived, or bought down.
I emailed you specific changes to the dio that are needed
to make this situation livable.
I'm asking you to pull that email OPT, address those gaps,
and make the changes right here, right now.
I'm also asking you to deny the light industrial zoning
for tracks 1 through 4, and the industrial zoning for tract 11.
The problem is that staff use conditions around tracks 5
through 10 to justify industrial zoning
for another approximately 660 acres of unrelated land
in tracks 1 through 4 and 11.
I have reviewed the planning commission board of zoning
appeals agenda packets prepared for this meeting,
and the staff analysis that packet in that packet
does not support the requested zoning changes.
The packets own table on page 17 says tract 1 is surrounded
by agriculture and single family zoning
3 and 4 are surrounded by AG.
Their actual surroundings are pasture,
farmsteads and estate homes.
Yet page 19 calls them a natural extension
of light industrial zoning.
That conclusion contradicts the city's own evidence.
Page 18 admits there's no identified end user.
However, at the second planning commission meeting,
Garrett Nordstrom confirmed that all options
are in place to acquire the property upon rezoning.
That means that this vote may enable
the developer to consolidate hundreds of acres.
Thank you.
Amanda Amanda Mendez, 1841 road f.
I would like to the public to know that all commissioners
received a letter in a document of revisions
to the dio from a land use attorney involved
in the development, implementation of zoning
regulations in Kansas and in the litigation of challenges
to zoning decisions.
Since I only received confirmation
from one commissioner about the receipt of those documents.
I want to make sure that everyone understands
that this commission was advised not to approve
the rezoning or the dio today.
I will also be submitting these documents for the record.
Some of the shortfalls mentioned in the six page letter
include, but are not limited to inadequate or missing
regulations on the thermal impact on neighboring land,
the scope and size of the development, water
and electricity availability without shifting
costs to existing ratepayers, and cost
allocation of infrastructure repair,
maintenance, and construction.
One of the five questions in the letter states
will the proposed text Amendment advance the interests
of the city of Emporia as a whole,
not solely those having immediate interest
in the affected area in the proposed dio.
There is consideration of only the developers and not
adjoining landowners as having an interest
in the affected area, which is unreasonable.
While the city would benefit from having concise regulations
that provide increased rules and reviews before the start
of a project and quote, the proposed
regulation fails to do that.
It requires studies regarding traffic and thermal impact,
noise pollution, water and electrical use
and infrastructure, but does not provide
any standards on how these studies should
be applied to any project.
Additionally, the application of predefined standards
to an authorization to use land for a particular purpose
under the city's zoning code is a quasi judicial act
which must be conducted in a manner
which allows public comment.
Public protest petition and meaningful judicial review,
which a negotiated agreement with the city does not do.
There are many more points that I do not have time to explain,
but commissioners, please consider
the legal advice carefully.
If you did your job, you've read what was sent to you
as the city manager said to us adjacent landowners, it's 50/50.
This could be the best thing for Emporia
or the worst thing for Emporia.
It's up to you to decide which one it will be.
Next up.
Doris Smith 13:28 road 170.
Two minutes is not enough to address all the evidence.
I've already sent you guys.
I'm hoping that you actually at least skimmed it.
There's undeniable proof of the cancers, the miscarriages,
the dead babies, everything that I've sent
over to you that is undeniable.
Undeniable have you held somebody taking
their last breaths from cancer.
Have you lost a baby.
You become a shell.
Who do you think they're going to go after.
Think about it.
If I knew somebody knowingly killed my baby
and I went home from the hospital empty handed.
Just think about it.
I have way more from where this came from.
I know that nobody else has presented this anywhere else.
So you don't realize what's going to happen
if you push this through.
All right.
Next up.
Eric Smith 13:28 road 170.
I guess I'm here to today to say this seemingly obvious,
which is that a bad deal is a bad deal
no matter how you spin it.
Like a lot of you sitting up there,
I'm also a local small business owner, and as I'm sure
many of you can agree with the fact
that red flags in a business deal
are indicative of the necessity to step
away from that deal, regardless of any potential benefits.
While the developer and I say that with finger quotes
because depending on who is asking him,
his story changes on whether he's actually a developer
or not.
He's trying to entice you with potential job
creation, tax revenue, industrial,
residential build outs, et cetera.
The fact of the matter remains is
that he has lied under oath about his involvement
in this project, while also stating
that he has never undertaken a center project before.
Every single piece of this is a red flag.
Would you hire a mechanic that has never worked on a car
to work on yours.
Would you hire a roofer to put a roof on your house
if he's never done it.
I'm curious, as to why we're even debating this.
With all the pushback, consequences, litigation,
health effects, and strain on utilities and resources,
why is this even up for consideration because
of a few potential jobs that it might create
or because of some tax revenue.
You fear potential litigation if you deny.
Well, what about litigation if you proceed.
All you have to do is spend five minutes
researching all of the negative effects of data centers.
And you can clearly see that this
is not something that or you should want to be a part of.
The time to stop this is now before it goes any further.
The pros do not outweigh the cons.
Individually, I believe all of you
recognize this as exactly what it is a bad deal that you're
just hoping is a good deal.
Hope it is not a good business strategy.
Thank you.
David Claridge, 22 South commercial street, and I am also
running for state representative for district 76,
and I really look forward to making life hard for you
when I get to the state house, because you removed
my older sibling against the constitutional first Amendment
rights.
This is ridiculous.
I have never seen politicians so abundantly terrible at their PR.
It is insane.
You had someone from the opposition removed for clapping
because they enjoyed a speech.
Another member made are.
Are you so hard of hearing that you couldn't hear the speaker
who was clearly talking louder than the individual
clapping that.
It's beyond me.
But what.
I'm not here to rag on you for that,
I'm actually here to be your wrestling heel and canary
in the coal mine, so I really recommend
you listen to me chirping.
You are setting up a political environment
where it is very concerning where the future leads.
I have a Bachelor of Science in political science,
and one of my favorite things to look up
was how governments failed, how they got opposed,
and how revolutions got to the point that they got,
particularly the French Revolution.
And there was, funnily enough, somewhere in Tennessee, Athens.
That is a favorite story of mine.
I'm telling you right now, you are mirroring
that part of history right now.
And as someone who does not want to have
their head chopped off or by a guillotine
when I get to the state rep.
Because bear in mind, there were plenty of French Nobles
on the side of the opposition.
They didn't discriminate.
I'm asking you to table this until at least December.
Allow a vote to commence and just let the people decide.
Goddammit!
what is so hard about that.
Why do you have to be so fucking authoritarian.
Please watch this.
No thank you.
Yeah all right.
Oops all right.
David thank you.
Hi my name is Christy Christman.
I'm a resident, and this is my tech right here.
For me.
The sound you're hearing is a very low frequency noise.
Low frequency sounds have longer wavelengths
and are often not picked up by decibel readers.
It doesn't register as loud.
Our audio has a limit on DBA, which is 55, which is pretty
reasonable, but it doesn't regulate DVC, which is
what you're listening to now.
I'm taking this from ordinance number 2621.
I just want you guys to listen to this.
24/7 Your backyard 5 point would be
obvious is that it's going to be a problem
for people that live there.
But most importantly, I'd like you to look at the 12 items
that Christie put on Facebook yesterday.
And this would be one of the things
that the dio should regulate, not
just DBA sounds, but also DVC.
There's hundreds of things that you guys need to look at.
Thank you.
All right.
Next up.
Hi thank you for listening.
I'm Katie crook, 1826 road C I'm glad I
don't have any of your jobs, so thank you for listening.
I'm glad to piggyback off of have you.
This is my son, John.
He's 19.
He has profound autism.
Level 3.
And if the Lorax speaks for the trees, I speak for John.
So that's why I'm here.
And so I have the great privilege and responsibility
of speaking for him.
He's 19, and he's the best human on the planet.
He also faces many challenges, including level 3 autism.
And I could talk a lot about him for a long time,
but I want to tailor this to some issues
that I don't hear a lot of people talking about.
And that is the sensory nightmare
that this could potentially bring to families like mine.
I live close to one of the tracks for the proposed center.
And how this impacts people with sensory processing or autism is
don't think of it as a deficit.
His brain works too well.
OK, it can't filter out the sensory input
that neurotypical brains can't, so you
just have to imagine your senses being
maxed out 100% of the time.
And then he can't communicate when he's overwhelmed.
So what that looks like is he then
will be aggressive towards himself,
or he can get aggressive towards other people.
And this photo was photoshopped.
But if it wasn't photoshopped, you would see a nice bruise
right here that's always there because he has
some self-injurious behavior.
OK, so we live really close and I just
feel like we bought our home with the intention
of him always living with us.
And he deserves the quiet, peaceful enjoyment
of his home and the kids and the autism self-contained classroom
at Timmerman due to.
It's going to be rough.
So thank you.
Next up.
My name is Darren Maley.
I live at 9:45 Woodhall street.
My husband and I are both from Emporio.
We moved back from Hawaii in the fall of 2021,
after spending a decade in the Kansas
City Metropolitan area on both sides of the state line.
We moved back from Korea to be close to our love,
to have a cheaper cost of living.
We're very compassionate and empathetic people
who want the best for our family,
as well as our neighbors and members of our community.
Our neighbors are a church and my husband's best friend's aunt
who is in her late 70s.
To our left, we have a relationship
with our neighbor across the street and down the street.
They wanted to help pay for our son to get a basketball goal,
because they seen him playing basketball in our driveway
for hours alongside our neighbor,
two homes down as a nonverbal autistic child.
And sometimes he comes to our home.
We have a good relationship with his parents
and we always look out for each other.
Our resources.
My husband helps our neighbors and their loved
ones with vehicle issues or literally anything.
We all serve each other.
We all help each other out and we do not want to leave.
We have the home listed when we listened, when we took it down.
And we realize that this is where we wanted to be.
Our neighbors breathed a sigh of relief.
They told us that they did not want us to go in with you.
What kind of neighbors and members of your community
do you want.
You want members to protect and look out for each other
because that is what we want.
That is what we expect from our neighbors,
because that is what they've always done.
Our dogs got out and they called us and brought them back home.
They didn't turn us in or drag us online.
They looked out for each other.
We look out for each other.
So I ask you, will you look out for us.
Will you protect us from this data center.
When you look out for my 78-year-old neighbor and then
non-verbally, will you protect them from
the harm of this data center.
This is not something my husband and I can do alone.
It takes a village.
So I ask the city commission.
Will you be our village.
Will you protect us.
Will you table both of the items until after the November
vote on item one.
The data center, rezoning and item two rezoning with tracks.
Thank you.
Next up on the road.
Howdy, y'all.
It's almost 10:37 road 70 Kansas.
I implore you all to put any and all data centers on hold,
preferably shoot them down before they start.
We're moving too fast as a city on something
that has been proven.
It's not healthy steps for cities, people, or livestock.
Everyone here has brought up some great points
against data centers.
So I ask you to consider what ifs on the Pro side.
On the good side, there's a chance
that data centers could bring in some taxes in a few years.
They won't steal all their water and they'll provide 515 jobs.
All of that.
The cost of 1,000 acres.
And our city's health and trust.
On the factual side, the data center corrupts health
for people and livestock.
They've been shown to sue, to steal water,
and they've raised our electric Bills
while lowering property values.
Property values will provide no jobs.
Please don't line people's pockets
that don't even live here.
I care about my health, my wife's health and
our future Children's Health.
Please side with the people of Emporia here.
And don't flush the beautiful city and our beautiful Kansas
land down the drain.
And keep in mind that I. You're hosting
us on Tuesday at 11 o'clock AM.
I drove 20 minutes, took the day off
to voice my opinion as there are many of my shoes who cannot.
I've sat through hours of the previous two meetings,
and I will sit and stand for more if it
keeps Emporia data center free.
Thank you so much.
Thank you.
Oh, John.
Kurt Monica.
Tammy I pushed real hard to get you here,
so hopefully because I believed that you
would listen to the people.
And the people are speaking.
There's so much that is unknown.
Not only on your level, but everybody else on data center,
solar farm, anything.
There's so much to be learned, and there's
so much that we can all learn together
and maybe come to some point.
Stepping back now, I know Emporia is in a pickle.
We need the revenue.
We've lost jobs.
We lost factories.
But I ain't 100% This is the answer, let alone the investors.
Why did Nordstrom and Pinkston approached Coffey County.
And why did Coffey County tell them to take a hike.
Basically, there's a lot of unknown.
I mean, the city attorney's doing probably best job.
Givens is doing his best work, but we're
up against some big time boys.
We're not playing with mom and pop across the street.
We're playing with big boys.
They got more money to sink this town than anything.
So now is your opportunity to do your best
to try and shut this down.
Listen to the people.
Like I said, we are in Emporia, is in debt.
I've looked at the financial.
I've had some people from other.
Well, I'm going to go ahead and say it.
My sister was County clerk for Dickenson County for 2026 years.
And she asked me, and you guys know who I'm
talking about, not you three.
You're here, you're new, you're getting thrown into the fire.
But she asked me.
She called me.
She's Christian.
She said, I won't stop you, but thank you.
Robert Brooks 1336 37 verse 18.
It's been an intense hour and a half so far,
and looks like you guys have more.
So I'll give you 10, 15 seconds.
Just take a deep breath with me.
We are in your community.
I have been here forever.
You guys have been here as long as I can remember.
I think a lot of you have lived here your whole lives.
Do not forget, we are your community and your ours.
There's a lot of hot tips about this whole thing.
And I think we share the idea that we wish
we could have avoided that.
It's a sorry thing to have had happened,
but we're not losing sight of that.
You're our friends.
You're our neighbors.
You're our family just as much as anybody
sitting back here on the other side.
Shake your hands.
But I understand that whole thing.
But I do like stories.
Where in Kansas, it's always cowboy stories, whether it's
the new sci-fi stuff or even more
I think we know how those stories go.
We all kind of grew up with them on TV and stuff, and.
We know what the guy with the Bowler hat and the mustache
looks like.
What Farm folk.
We know who they are.
We know how those stories go.
We're all going to tell the story of how
this happened to our kids.
Our kids are going to tell it to the grandkids.
They might write books about it.
They might be a movie someday.
Who are you guys going to be.
How does that story play out.
Because you're the ones that are writing the script.
On our behalf.
You guys are going to decide how this ends.
Please let us do this together.
Thank you.
Anyway, back to the front row.
Front row.
Whichever one.
Whichever lady would like to go first.
OK my name is Christina Grayson.
I live at 902 road, 260 Americus,
and I am opposed of this.
And I came looking at the agenda today of what is on the docket
to even speak about.
And I feel that even by you guys of addressing
the water, the zoning and the rezoning of these areas,
I think that I've also lived on Highway 99,
where there is only well, water and there is no infrastructure
being able to go in that direction between the rivers
or past the rivers in that area to be able to expand the water.
And those people who are only being able to live by, well
water.
You're taking out their livelihood to be
able to maintain to live there.
And I know you guys have done a really great job
for representing Emporia and I feel
that I'm not disrespecting anything that you
guys have done in the past.
But I do ask that you listen to the people
and you have been presented with a lot of stuff.
Thank you.
All right.
Pauline Hancock 644.
What has happened to this democracy.
A government of the people, by the people, and for the people,
as Lincoln stated in the Gettysburg Address.
Are you listening to all the people of emporia?
Is Emporia a democracy, or.
It has become an autocratic where decisions are
imposed without public consent.
Why should five commissioners make this decision
instead of having the people of Emporia vote
on such a proposal with this magnitude.
This decision does not only affect the city
employee, but the whole County.
I've spoken to a lot of people in Emporia,
in Lyon County that are distressed by this issue,
since the neighboring towns get their water
and electricity from employee, directly or indirectly.
Your decisions could affect their health
as well as their utility Bills.
You have deeply upset a lot of people far and wide
in the community, with the possibility of this data center
as landowners adjacent to these plots,
we have done nothing wrong and are
having to fight for the right to keep our homes safe.
These are not just houses, they are homes.
You have robbed my time as well as my fellow landowners
this summer because of what you are proposing.
I have no voice in this city.
But you were elected to represent the people of Pawnee.
Are you listening.
Are you using this position as leaders of integrity
and representing the wishes of the constituents.
Are you listening with open minds and hearts.
Can you assure us that the data center
will not affect the water.
Even the governor Kelly has addressed
the problem of insufficient water in Kansas.
Can you assure us that the noise from the data center
will not harm our.
Our life, our animals and us.
And what about the emissions and the air that we breathe
and the effects of the economic ecosystem.
By taking out 100 or 1,000 acres of mostly Native prairie.
Please override these recommendations
and stop it now until we have the assurances that we need.
I pray that you will, with a clear conscience,
you can vote and hold these, and you will be held accountable.
Thank you.
That's it.
Go once.
Twice then.
OK we'll move on to our agenda.
First up is resolution 3795, adopting a large volume
water service policy.
Thank you, Madam Mayor and commissioners.
This is the first of two policies
for your consideration today.
And it is part of the framework and structure that you have
rightfully undertaken to ensure that as development and industry
approaches the community for opportunities
to help Emporia grow, we can ensure that we're safeguarding
our resources, both the capacity that we have to serve, but also
to serve the community, and additional growth
and development to keep a diversified economic base.
Can I stop you right there.
Can you please reiterate this is long overdue for the whole city.
This has nothing to do with East, Northwest.
This has to do with consumption for a very long time
and capacity of both your water and your wastewater systems,
so that you can prudently plan and ensure that as industry
approaches the community, we're not overcommitting
and we're also structuring it in a way
that with this first item here, we have 12 specific references
that discusses infrastructure allocation
and safeguarding the existing ratepayers to where
the benefiting applicant or large volume user, whether it's
water or wastewater, is not the one paying
for these improvements, but the benefiting customer who's
doing so.
So what we have here is proposed resolution 3 3795
adopting a large volume water service policy.
The purpose, again, is to establish
a comprehensive framework so that we can evaluate and assess
these large users and to develop a consistent framework
that aligns with industry best practices.
Kansas law.
And it's been developed through and refined
by multiple appearances before you, most recently
at the July 1 meeting.
This proposal provides a framework that.
Puts the existing utility first, and safeguarding our resources
and our existing economic rate paying base
as our primary foundation.
So we're recommending that you consider the proposed policy
and this resolution adopting the large volume
water service policy that establishes this framework.
And so it also provides consistency
and uniformity so that we're not just
having an ad hoc consideration.
And it ensures that it's uniformly applied.
And that we are able to also specifically address
each individual industry because each is a unique contributor
to the wastewater system, as each
is a unique draw from our existing water utility usage.
So we have to look at everything in totality.
And that's what this framework before you for the water
and the wastewater coming up does.
Simply put, these two sentences give you
a summary of what that policy does,
which again is that framework.
It protects the financial stability of our existing
utility, provides operational reliability
to our existing customers.
It conforms with our legal and regulatory
as well as providing for long term planning.
And it's through individual service agreements
or with full cost recovery, financial assurances
and requirements that has whether it's phased or in one
fell swoop, that clearly has an administrative framework
and in an analysis complete with engineering assessments.
Large scale impacts from both the initial proposal.
But if it's a campus or phased development,
you're taking that in totality going forward.
And we're also ensuring that the service demands are not shifted
or allocated the burdens of serving these customers
to our existing utility customer base.
Again, this is reiterated at least 12 instances
in your water policy here.
So the purpose.
And again establishes this framework.
And why do we have that.
Because it's the foundation that ensures
that these large projects are evaluated consistently
and fairly, while preventing financial burdens
or operational impacts that could
be detrimental to serving our existing customer base
or providing long term burden to the utility.
Oops, sorry.
Phase two.
OK Section 3 is the applicability.
And it provides the standards that
allow for us to consistently administer the policy
and preserve flexibility to these individual projects
that we discussed in our item kickoff.
We have a classification rate structure that is individualized
in our individual service agreements,
with a cost of service rate basis
that will recover all of these direct and indirect costs.
And we have that because again, protects our existing utility
customers by ensuring that growth pays for growth
and that the beneficiary, benefiting applicant or industry
will be the one paying for it.
So we're minimizing and reducing, if not completely
removing any sort of.
Subsidization of that infrastructure.
And that is, again reflected in these rates.
And should have little to no impact
on our existing customers.
Other than that we are widening the base, which overall in time
tends to reduce costs to existing stakeholders
or customers in the system.
Section 5 addresses our water service agreements,
and that requires that every large volume
customer that meets that criteria in applicability
has one of these.
It establishes the service commitments,
the duration of our contracts, the minimum monthly billing
obligations.
And it also addresses phase development
provisions should they apply.
And then if there are unique or specific provisions that
need to be addressed, it's also included at that time,
and we have a minimum contract term of not less than 10 years.
And I say or longer, because oftentimes you have a 20 year
debt obligation related to the financing
of public improvements.
And so that's why we have that there.
And then we have a minimum monthly billing allocation
that shows that 75% of that baseline commitment
will be addressed.
And then we also have the flexibility of the commission
to be able to tweak or to waive that,
because there are some unique instances where say,
that 10 year time frame may not necessarily fit.
So we wanted to again, not have a cookie cutter approach,
but give us a standardization of the process
and still afford flexibility as we're
able to meet the needs of our existing payers,
but also the ratepayers that in industries
that are coming on board.
And this is one that I know we've
talked about quite a bit in section
6, which is our infrastructure and our capital
cost responsibility.
And that's where we're actually requiring the customers to fund
the infrastructure that serves their development,
and assigning that responsibility
to those privately owned facilities
and defining the ownership as far as what's public utilities
versus the private beneficiary.
And this makes certain that project specific capital cost
is financed by those benefiting.
So it's further protecting the existing customers
and our utility finances so that we're able to forego or minimize
the incremental cost.
The inflationary costs that occur across time that do cause
for are necessary for cause for increases in our utility rates
over time.
So we're minimizing that impact as well.
And again, the financial assurance and entity
responsibility or responsibility.
And that's where we're performing
detailed financial analysis and getting security whether it's
through performance bonds.
Different aspects to secure it as eyes
the cost of the improvements that we're making to our system
so that we're essentially holding collateral
to be able to ensure that the city is made whole
in the event of some sort of default.
So this requires minimizing our exposure
and reduces that potential long term impact.
Early termination and default. This is standard language,
and it essentially protects the city's investment
by providing the process that we utilize,
which is, of course, Kansas law for how this would occur,
assignability, et cetera.
Item is our system capacity review,
and that's where we talk about if we have
a 15 million gallon a day water treatment plant
and we currently are using 10.
Do we then have an industry that comes in, even if it's not
five or more, if it would cause significant inflow or the need
to have additional production.
And at that point, if we're taking our reserve
or when Jack was giving the analysis in our last study
session of a tachometer, where you've
got your green and your yellow, low orange and red.
So we want to make sure that we're
avoiding that orange and red and even getting
too far into the yellow.
So that's what this portion of the system capacity
review analyzes and assesses and requires us
to do by adopting this policy.
And then again, conservation and efficiency.
This essentially says that whether it's.
Curtailment or reduction, we can apply that
to as we can across the board if we're
in a Water Watch or a water emergency
due to drought or whatever, that they have to comply
with those provisions as well.
And then, of course, reservation of rights.
And when you get into these tail end things,
I'll defer to our city attorney on these issues.
But this reduces our exposure by giving us the ability
to have project specific tailoring to ensure
that we're safeguarding our ratepayers
and our public interests.
And just again, provisions for flexibility
to obtain the technical expertise
that we need in order to study these applications that
come before us.
And then in section 7 of the policy,
it discusses how those costs are apportioned and spread
so that the city itself isn't incurring the costs,
but that of the applicant, who is even a potential large volume
customer.
And then interpretation is more legalese
as far as the enforceability and how
we're applying those specific provisions for federal,
state, and local law.
And what this shows, and we showed you this in a couple
of our presentations.
And this top.
The top flowchart is just a standard one
and done kind of application for a single site.
And what that would do.
So we would have the application receive that application.
We would then conduct that capacity review,
that engineering analysis, as well as the financial assurance
assurances and the financial review,
taking that into the capacity, developing a service agreement,
which is approved by the commission and is,
again, something that would be a public meeting.
And then the commission would have approval
once the service agreement is finalized, to
that unique, specific industry.
Now, the master plan or the campus style
is one that once we receive that, then
we have to look at each phase and then that is evaluated.
Let's say we approve phase I. Then at that point,
we would receive, say, a second phase or a second new facility.
Then we take that request and when
we're doing the initial assessment,
we look at it in its totality.
And then we also look at each of the individual phases
and components to serve that and then compare
to that initial baseline to say are
where we thought we would be.
Yes or no.
And of course, if there's a variance why.
So this is just simply showing that we are looking at each one
independently yet again in totality, when we receive
that initial application and review and then again update
that comprehensive review of all of your phases
and then approve if we have that sufficient capacity.
So we want to say to that approval of a master plan
project doesn't reserve ultimate build out capacity at all,
and future phases do require that
updating that same financial.
Assessment and analysis and the capacity
review for consideration and approval by.
The governing body.
And why do we want to have this policy.
Much of what Mayor Smith asked at the beginning
of this item and that.
It protects the existing utility customers.
It supports responsible, prudent economic development,
protects our financial integrity of our utility,
and preserves our system capacity and reliability,
and provides fair and equitable cost allocation
to both our existing users and future users,
as well as the applicant themselves.
And then, because it is a public review
throughout the entire process, and we forget too, that we have
a development process and that zoning is actually
a preliminary step in that process
before the actual decisions and items start getting made.
And when you're looking at commercial and industrial
development, zoning is something that is in place before you even
approach or you are approached by certain vendors and industry.
So they want to make sure that is already in place.
So what we're doing here is also improving not only
the consistency and the uniformity,
but that transparency and a solidarity in how we approach
each individual step of that review process
so that it's uniform.
So what we're requesting is that you consider approving
resolution 3795 for this large volume of water service
policy that protects the existing ratepayers,
strengthens the financial stability and sustainability
of the city's water utility, and preserves system capacity,
and provides for a consistent framework
for supporting responsible, prudent economic growth.
I'd like to make a motion to approve resolution number 3795,
adopting the city of Emporia large volume water service.
I second the motion and a second for resolution
3795, adopting a large volume of water service policy.
Any other questions for Brian.
Appreciate your work on this.
Thank you.
Good job.
It's been a team effort across the board from the manager
on down.
And also would like to thank our utility plants
Manager Jack Mason who's also played.
Can you just hit on what the existing
is with existing businesses.
This is only going to affect new projects, new projects.
And in fact, we only have one existing customer
that would even qualify currently
and that customer is on its own development agreement currently.
So this policy doesn't pertain.
But if they do come to us with an expansion, which we know
is actually in consideration, at least
conceptually, because they plan years and decades in advance.
But having this on the books already
is one of those reasons why.
Because this would pertain to any sort of facility and they
could fall under this umbrella.
Correct yeah.
OK yeah.
It's been motion and seconded for resolution 3795.
All in favor, say Aye.
Aye Motion passes 5 0.
All right you're up next.
37 96.
And this one will be much more brief.
A lot more brevity.
I do want to say that in this instance,
with respect to the wastewater policy and resolution 3796,
this policy also has that same safeguard for.
Call it equitable payment of infrastructure
toward the benefiting user.
But we have it actually cited 15 different times in this one
in multiple sections.
So we want to reiterate that is obviously being imperative.
And so what this policy does is have a comprehensive governance
framework that evaluates the impact of these large wastewater
users.
And we also want to when we talk wastewater,
we often use the phrase water and wastewater
because you have to have water flow in order to be
able to process wastewater.
So we want to again, protect the financial stability
of the utility, improve or retain operational reliability,
conform to the legal and also have our long term
sustainability, which isn't just environmental,
it's also financial and being good stewards for our time.
And so we do that through these individual service agreements
with full cost recovery and the items
that we discussed previously.
The purpose is the same, and it benefits us
by preventing the financial burdens
and operational impacts from being transferred
to the existing ratepayer.
The legal sufficiency and rate of authority
also reduces that same risk, and clearly distinguishes
between the framework being applied to the existing
user and their unique position, while again safeguarding
the existing ratepayer.
This applies to applicants for service or development
with an anticipated wastewater flow.
Also look at and analyze the discharge characteristics
of the industry.
What infrastructure needs are required
to serve that industry, both currently
as well as not just new installation,
but the cost of maintenance.
And the system impact the operational requirements for us
to meet that.
We also look at the potential impact on our entire utility
system and also study that financial wise and what
that cash flow look like.
And then pattern that individualized
contractual arrangement to meet that.
Because if we need to have pretreatment or something that's
specific, that requires extra steps,
and we want to make sure that their rates that are developed
accommodate that so that we're not creating
a deficit somewhere else.
The classification as far as qualifying
to be this large volume wastewater service customer,
it again, requires US individual service agreement that's
approved by the governing body in an open meeting,
and has those same cost of service rate
protections to recover all the direct and indirect costs
associated with serving the customers.
And that is literally that second half of the sentence
is lifted right out of the agreement
that we're proposing for you.
And we look at the impacts again,
but also we structure these unique to that situation
so we can utilize that volumetric wastewater,
the treatment surcharges, strength
based inputs, the industrial pretreatment fees, whatever.
We need to be able to ensure that we're capturing that cost.
It's identified and relayed here again, the service agreements,
it's based upon the anticipated wastewater flow and discharge
characteristics of the project.
But we also again reflect that same structure
from the water with that 10 year minimum,
but also having it specific to the project 6 again,
you've seen this before, just a section to itself
for the cost and the burden being
on the benefiting property.
Same financial assurances that go into this.
And the requirements are again with alignment in alignment
with our water policy.
Same with termination system capacity review.
This is a little more nuanced and complicated than the water,
in that we also have to look at our water supply but also
the environmental impact.
And then what are the unique characteristics,
whether it's PFAS or emerging characteristics that we know
are coming down.
So we have the flexibility in language
that if there are provisions that come in that are affected
by an applicant that would say approved 10 years previously,
and it's a 20 year agreement.
Then we can then look at requiring
those changes or investments to be made by that industry.
This again gets into authorizing us to invoke conservation,
reuse, efficiency measures, whether that's
industrial pretreatment on site or just off site
in the right of way, discharge permits,
compliance requirements.
The same thing that we were talking about earlier, as far
as the PFAS, the contaminants concerning
those emerging contaminants of emerging concern.
We just tried to be as specific, yet give us the ability
to be flexible because things change over time and something
that is an issue now.
Folks were unaware of what microplastics were 10
years ago, for the most part.
And now everyone's aware.
Reservation of rights.
These are all identical to exactly what we covered
in our water, and showing that this process is exactly
as the process that you considered for the water
as well, that we look at them both in totality,
but then standalone for each phase,
without actually reserving that ultimate
build out right for proposed phases into the future.
Again, the same benefits, and what we're requesting
is the adoption of this resolution, 3796,
for the large volume wastewater service policy.
I'll make a motion to approve resolution number 3796,
adopting the large volume waste service policy.
Second Motion and second for resolution 3796,
adopting the large volume wastewater service policy.
Any other questions for right up to that.
I had a request for.
Can we take a break.
Yeah, sure.
How long do you need for the rest 5 five.
Two 5 5 five.
Soon as we get back.
Five minutes.
We get back.
Go ahead.
That's for five minutes.
Seven minutes.
Second 102102102.
Up next.
Step three ordinance 2021 amending the zoning regulations.
Justin Bukowski, Mayor, Mayor, if I may, before Justin
discusses the ordinance, I'd like
to provide a brief overview of the zoning matters that are
before the Commission today.
The commission is being asked to consider three separate
but related land use decisions concerning
digital infrastructure development
or potential development.
Rather, the first ordinance before you, ordinance 2621,
is a proposed text Amendment to the city's zoning regulations
that would establish a new digital infrastructure
overlay district under the Kansas planning and zoning act.
The legislature has delegated authority to adopt and amend
zoning regulations to the city's governing
body, which in our case is the city commission.
In developing the proposed text Amendment, staff reviewed
the city's existing land use regulations,
researched regulatory approaches adopted by other jurisdictions,
consulted with utility providers, developers,
other stakeholders and the public,
and presented those findings and recommendations
through the planning commission process,
the planning commission considered whether the city
should adopt regulations specifically
addressing digital infrastructure development.
Whether an overlay district is the appropriate regulatory tool,
and what standards and review procedures
those regulations should include.
Following its review and public hearing,
the planning commission unanimously
recommended approval of the proposed digital infrastructure
overlay district text Amendment.
The Commission's role on this item
is to consider that recommendation
and determine whether to adopt the proposed text Amendment
establishing a digital infrastructure
overlay district under the Kansas planning and zoning act.
The commission may approve the planning
Commission's recommendation by a simple majority vote override,
or modify the recommendation by a 2/3 majority vote.
Return the proposed Amendment to the planning commission,
stating the reasons for doing so or table the matter
for later consideration.
I would also like to note that a valid zoning protest petition
has been filed with respect to the rezoning requests that
followed this item, including request to rezone tracks 1
through 11 and apply the proposed overlay
district to those properties.
But the protest petition does not apply to the proposed text
Amendment before you now, staff will address
the procedural effects of that petition
and the applicable voting requirements
when we reach those agenda items.
And with that overview, I'll turn it over to Mr. Gibbons.
All right.
Sorry that's OK.
I don't mind being stolen.
Good morning or good afternoon.
Mayor and city commissioner Justin
Gibbons, Director of building and neighborhood development.
The item before you is a proposed text Amendment
to establish Atlas digital infrastructure
overlay district or dio.
At the June 23 and June 30 special meetings,
the planning commission held the required public hearing,
discussed, and ultimately unanimously approved
a recommendation for adoption to the governing
body to address the proposed digital infrastructure
overlay itself.
We've broken it down to dio standards
into four basic sections studies and plans,
site design standards, development agreements,
and protection of adjacent property.
The DA proposal establishes additional layers
of review in areas where industrial development is
contemplated.
Under this approach, future development proposals
would be reviewed under both the underlying zoning district
requirements and the supplemental requirements
of the overlay district.
The proposed text Amendment would establish a review process
and development standards applicable to future digital
infrastructure projects.
The ordinance defines digital infrastructure uses,
identifies where they may be located,
defines the accessory infrastructure commonly
associated with those uses, and establishes operational
standards for those systems.
Depending on the nature and scope of the proposed
development, applicants will be required
to submit a utility infrastructure plan and utility
provider documentation.
Waste and wastewater.
Water and wastewater service agreements.
Backup power generation and emergency operation plans.
Emergency response plans.
Traffic impact studies.
Acoustical impact studies.
Environmental studies.
E-waste or electronic waste management plan.
Construction management plan.
Outdoor lighting plans.
Landscaping and buffering plans.
Facility transition plans to address addressing future reuse
and decommissioning and other studies,
and supporting information reasonably necessary
to develop each or to evaluate each proposal.
Collectively, these materials are intended
to provide technical information necessary for the city
to evaluate a proposal for development.
Approvals are considered.
The proposal also requires development
agreements for future digital infrastructure projects.
The development agreements, while not commonly used,
are not specifically required under existing
industrial zoning districts.
This brings that into.
As a requirement.
The development agreement provides a mechanism
for incorporating project specific obligations that
are difficult to address solely in a zoning
ordinance, such as infrastructure improvements,
operational commitments, mitigation measures, monitoring
requirements requirements, financial assurances,
and other relevant conditions.
Finally, the ordinance establishes enhanced development
standards and intended to promote compatibility
with surrounding properties and sensitive adjoining uses for the
purposes of the text Amendment.
Sensitive adjoining uses include property where residential uses
are permitted, as well as schools, parks, publicly owned
recreational facilities, medical facilities, places of worship,
and cemeteries.
The compatibility standards include berming buffering, noise
limits, outdoor lighting requirements, screening
of operational infrastructure, ongoing maintenance requirements
intended to reduce potential impacts on those adjoining uses
while allowing flexibility to address
site specific conditions through the development review process.
Digital infrastructure overlays are only allowed in property
on property zoned, heavy industrial, light
industrial or industrial flex.
This reflects that digital infrastructure facilities
typically involve large buildings, substantial utility
infrastructure, mechanical equipment,
limited public access, and operational characteristics that
are generally more consistent with industrial development
than commercial or public uses.
Within industrial flex require an additional step,
requiring a planned unit development to help increase
the protections of the sensitive.
Adjacent areas.
Again, these dio requirements are
in addition to not in place of.
The city's existing development review process.
Future projects would still be subject to the applicable site
plan review.
Building permits.
Stormwater management requirements.
Utility review.
Fire and life safety review and other permitting and regulatory
requirements that apply under the city's
zoning and subdivision regulations and adopted codes.
The proposed text Amendment has evolved throughout the process
based on input from city staff, planning commission, property
owners, developers, utility providers,
and members of the public.
The revisions reflect many of the questions and concerns
raised during that process, including
expanding the development review requirements,
clarifying operational standards,
strengthening development agreement provisions,
refining compatibility standards,
and improving the overall organization
and clarity of the ordinance.
And with that, I will answer any questions you might have.
I'd like to make a motion to approve ordinance number 2621,
amending the zoning regulations by adding new sections
8.10 establishing a digital infrastructure
overlay district second.
Motion and a second ordinance 2621.
Amending the zoning regulations by adding
section 8.1 establishing digital infrastructure overlay district.
Any other discussion.
I have some discussion.
It's more like my governing body comments,
but I figured it's prudent now before after the next three
votes, how can we come together and make everyone feel heard.
I think it's nearly impossible to make every single person
heard, but we should try.
Let's form a group that meets weekly
and has real conversations about the real facts.
Let's share our non-negotiables.
It consists of both sides of the issue,
as well as some undecided folks that just want to learn more.
If we can agree on the values that matter most,
then every conversation that follows becomes more productive.
Instead of talking past each other,
we begin talking with each other.
Instead of choosing sides, we choose a shared foundation.
If a project cannot meet our shared foundation,
we can tell them no.
Some see opportunity, others have concerns.
Most of us probably see a little of both.
That's OK.
Differing opinions do not have to divide us.
In fact, they can make our decisions stronger.
Let's move those opinions off of the internet and into real life.
Let's figure out as a community the things
we simply won't compromise on.
What are our non-negotiables?
Is it protecting our water.
Ensuring responsible use of energy,
creating good paying local jobs, significantly cutting
our local property taxes, preserving our quality of life,
maintaining transparency and accountability,
making sure our schools, neighborhoods,
and future generations benefit from any project
that comes to Emporia.
Is it all of them.
Is it more.
Hundreds of people have emailed or talked to me that
are opposed to this project.
Hundreds of people have emailed or talked to me that
are in favor of this project.
We should all be able to come together.
Those answers shouldn't belong to one group or another.
They should belong to all of us.
This is our chance to show that we
can welcome opportunity while protecting what
makes our community special.
We can be thoughtful without being fearful.
Hopeful without being naive and United even when we disagree.
Let's make this process something future generations
will look back on with pride.
Not because we all reach the same conclusion, but because we
listened, respected one another, and decided as a community
what Emporia stands for.
Thank you.
I have a comment.
We received a email with a letter and some Line changes
on the dio, and I truly want you to understand that I least
I did.
I read it through, and I don't feel that it's pertinent today
to even discuss the points that are in there
because I think that's up to our legal counsel.
We've had a brief discussion on this,
and there's some comments in there.
The way it was put forward that really are not pertinent to what
we're trying to do.
We're doing this in a step by step basis,
and I'd like to see if you would like to give
any more comment about that.
I would be happy to.
And just for clarity, are you referring to the letter
from the Adam Jones law firm.
OK city staff and obviously legal counsel
did review that letter.
There were a couple of different areas
that the attorney was addressing,
and there seemed to be some discussion about an overlay
district versus the requirements in a planned unit development.
Planned unit development overlay is a different standard.
More of requires a lot more planning, which the attorney.
Accurately stated in his letter A PUD is something
that would be approved or.
Required under the dio district for digital infrastructure
development on industrial flex property.
But a pud would not be required on light industrial or heavy
industrial base zoned property.
Rather, that would go through other planning
process involving a plat.
Preliminary plat requires a public hearing.
So the attorney, raised concerns about additional public review.
Under the overlay district.
There would be additional public review,
either through a pud process or through the plotting process.
In addition, as one of the parts of the development process.
And then any developer agreements
that were reviewed and agreed to by the governing body.
So there are additional steps that require
public review already in place.
And in addition to that matter, he
listed a number of additional standards
that he would suggest be addressed matters
such as ingress and egress, driving driveways and parking,
talking about open spaces, streets, other facilities,
a number of things that are addressed through other areas
of our development regulations.
A lot of those are addressed in the subdivision
regulations that are dependent on the base zoning.
So all of those requirements will still be in place.
The one thing I did note in the letter that I don't believe
we addressed address specifically,
either in our base zoning requirements
or in the overlay proposal is a heat requirement.
He suggested requiring an environmental study
that addresses specifically thermal impacts.
And setting standards that the developer should meet
related to thermal impacts.
And specifically impacts on adjacent properties.
That's not specifically included as a reviewed.
We are requiring environmental studies.
We didn't specify thermal.
Justin, could you speak to what.
What that process might look like
and whether there may be some benefit from adding
an additional requirement.
Well, so we do and we do.
We've got the caveat that, any other additional studies
that we feel are pertinent to approve a project.
And so if that's something that we
feel is necessary moving forward,
we can require thermal impact study.
I am not aware of how thermal impact study would be done,
but obviously that would be something
that we would research and require and add to the review
requirements as we go forward.
The question was asked during the planning
commission meeting, what is the process to change this.
And this is like any other of our zoning regulations.
It's a living document.
It can change through the text Amendment process
if we see that something is not working,
if there are new standards that come out that we feel we need
to adopt, if there are additional regulations that we
feel we need to adopt and put into the dio requirements,
we can do that just through the normal text Amendment process.
It does.
This does not have to be the end of this document
or these regulations.
It is the beginning and we will continue
to evaluate and look at industry standards, best
practices, things like that.
We do that with everything.
We're undergoing a medical review, medical terminology
review and use facilities.
We'll be bringing back some sign review
considerations to the planning commission later this year.
We see what's going on in the field
and what's working with our zoning regulations.
What's not working.
And we bring that forward to the planning commission
and then ultimately the city commission
for adoption discussion.
So yeah, I mean, if there are additional things that come up,
that we can always tweak this.
And I think that's the thing about getting something started
getting it in the regulations.
So we have that base area.
And then as we review projects or look at projects where things
change over time, technology changes over time,
we can incorporate those things into our zoning regulations
and this overlay district.
So your feeling is that we can look at basically what you're
talking about is the heat island effect that
could happen out there and whether that's
prudent to look at or not.
We can look at that now if we want to through the dio.
Yes but if we want to change the DO or add language to it,
we have a process that we can go through that works,
that we will do that.
Correct it's the same process we the planning commission,
we present information to the planning commission.
Planning commission holds a public hearing
provides feedback.
And then they make a recommendation
to the governing body.
And the governing body acts on that recommendation.
It's the same we did.
We updated the sign regulations earlier this year on
or last year on some allowing signage in the flex use
because it was kind of limited.
And we realized that we pigeonholed ourselves
a little bit on what we allow for businesses
to have flex use versus residential and flex use.
So can I just clarify what I feel like.
I heard that the letter received from Attorney was addressed.
It was reviewed.
It was discussed.
Some of that information was shared with us.
It's found in other places.
And then there were also some citizens that sent suggestions
or ideas that you responded to.
And if those were received, they were also considered.
And I have spent a lot of time I spend every time somebody
sends me a study, I look at it.
I've read the Harvard study multiple times.
I've read the University of Michigan study multiple times,
I read the who studies.
I spent time last night and early
this morning going through documentation
that was provided to the city.
I would like to address it through the development
agreement.
But two things stand out right now
is the heat island effect that I think we need to get
a handle on, just go through.
We've gone through water.
We've gone through lighting, we've gone through wastewater.
We've gone through stormwater.
I mean, we've addressed almost every concern.
And I keep on looking for more concerns
that we haven't addressed.
I mean, it's like everything this
is a very evolving situation and we're at the forefront of it.
But it is the heat island and its EMFs from high voltage
transmission lines.
And, my research, I dug into it EMFs are scary.
And I will admit they're scary, but they
drop off really quickly.
That magnetic field is not very big.
It's measured in Teslas.
So this was a new term for me not being a science guy.
I had to look it up when I saw it.
Yeah so what is this.
It's not.
It's not number of cars between you and the.
But named after Nikolai Tesla.
So you can either amend the dio to include heat island and EMF
studies or that would be something
that we could include in the development agreement
if we make it that far.
I'd like to be in the development agreement,
because I think each individual thing that we could look at down
the road could be different.
So we need to consider that.
And as things change, I mean, I've been very vocal.
If I see a red flag that can't be addressed,
I'm going to let you guys know and we stop.
But if there's something that can be addressed, like this EMF
stuff went through and that's really 300 feet,
it seems like is where the Tesla's
drop off to negligible level.
I'm learning.
But I think as we develop, I think even as that development
agreement comes months from now, I
think there will be new things that pop up
and hopefully we can address that in the development
agreement and then potentially go back and include those in dio
as they emerge in science becomes more concrete.
Thank you.
Any other discussion.
All in favor, say Aye.
Aye Motion passes.
Number four.
Ordinance rezoning properties for light industrial use.
Mayor and commissioners, if I may jump in on this one as well.
This item concerns the underlying zoning
classifications for 11 specific tracts of property.
The ordinance that we just considered
was establishing the digital infrastructure overlay district.
This addresses a separate land use question
whether these specific properties should receive
the requested underlying industrial zoning classification
that has been requested.
Those classifications would allow a variety
of industrial uses permitted within the applicable zoning
district, as specified in our zoning use matrix.
Matrices matrix.
Matrix matrix.
I don't know what that word is, I apologize.
The plural form.
The applicant has submitted a separate application
to apply the digital infrastructure overlay
district to the properties.
And if the properties are first rezoned,
that application will be considered
as the next item on the agenda.
I would also like to note again, that approval of a rezoning
does not automatically approve a development project.
Future development remains subject to the city's
development review processes, including utility
and infrastructure review, building and building
and construction regulations, fire code requirements,
permitting development agreements
and all other applicable local, state, and federal requirements.
And the city's subdivision regulations
do require a public hearing before the planning commission
on either a preliminary plat or a planned unit development
before development may proceed.
The planning commission did conduct the required
public hearing on the rezoning request and following
deliberation, voted 4 to 3 to recommend
approval of the requested rezoning of tracks 1 through 11.
A valid protest petition has been
filed with respect to this rezoning request under KSA.
12:07 57 approval of the planning
Commission's recommendation now requires
an affirmative vote of at least 3/4 of the members
of the governing body.
So for our purposes, that would be four votes.
Alternatively, the commission may modify or override
the planning Commission's recommendations by a 2/3 vote,
also four of five votes return the application to the planning
commission, with its reasons for doing so, or table the matter
for later consideration.
And I'll turn it over to Mr. Gibbons.
OK Taylor, do you put that up.
So before you is a request for rezoning of 11 tracts of land,
as city attorney said at the June 23 and June 30 meetings,
planning commission held the required public hearings
and discussions.
Again, ultimately voting 4 to 3 to recommend
approval of the rezoning as presented for each property.
Eight of the 11 tracks currently have a Lyon County zoning
classification, as they maintain their Lyon County zoning
classification until that time, as they
are rezoned to a city classification
under after annexation.
Track one is currently Lyon County.
Agriculture track 2 Lyon County agriculture.
Track three Lyon County agriculture, and track 4
is Lyon County agriculture tracks 5, 6, and 7 are.
City of industrial.
City of Emporia.
Industrial flex tract 8 and 9 are jointly Lyon County
ag and commercial track 10 is Lyon County light industrial
and then track 11 is Lyon County.
Agriculture tracks 1 through 10 are proposed to be
rezoned to light industrial.
Track 11 would be rezoned to industrial flex.
These properties are surrounded by a mix of uses including
large estate lots, homes, pastures,
farmsteads, commercial, and industrial uses.
Light industrial classification is intended to provide space
for the manufacturing, processing
and fabrication of products and other compatible uses.
Generally, some allowed uses within these districts
include trade craft operations, distilleries, low intensity
manufacturing and processing, utility maintenance yards,
warehousing, and storage of flammable,
including flammable and volatile materials.
Conditional uses would be required
for electrical generation facilities.
It has been requested that track 11
be rezoned to industrial flex.
Industrial flex supports commercial retail services,
office trade and light industrial type buildings,
as well as planned employment centers and planned
integrated use development along corridors and city boundaries.
Again, most of those same similar uses are allowed
and again, electrical generation facilities
would require special approval and industrial zoning.
The industrial flex was requested to provide
additional review processes.
Allow for mix of uses on track 11
versus straight light industrial zoning and other tracks
based on its location.
Staff would contend that the request is
consistent with the zoning regulations,
it is consistent with the comprehensive plan,
and the ELC encourages economic development efforts of the city
to attract new businesses, diversify the economy
and adjust the type of businesses that are targeted.
Planning ELC also encourages new growth
in areas that are in close proximity to existing utilities
and enhanced road network.
Staff feels that sewer and water lines of sufficient size
exist and can be easily extended to the properties.
Cdot Lyon County and the city have made improvements and plans
for additional improvements along the US 50 corridor,
with road f and road 180.
Rezoning action is not an approval
of a particular project.
There are several items such as platting
developers agreement that's not even true
require commission approval.
Not even project.
This is all about the data center
and you need to tell the truth.
This is just about the data center.
I'm going.
It's all about the data center.
And you need to tell the truth and this map
shows what the proposed zoning districts would look
like if approved as presented.
Are you all set.
And with that, I would answer any questions you may have.
Reiterate doesn't mean anything's really going there.
You change something all the time.
So if zoning never happens, then we don't ever need it.
It can go back to agricultural.
It can go back to whatever that property owner wants
or when they sell it.
And there's also a process through the annexation where it
would return back to the County, and then it could have to go
back through County rezoning.
Obviously if the existing property
owner requested to go back.
So which depending on probably what, if any impact
this would have on land values.
That they may want to see it revert
back to agriculture if no project
goes in for a length of time.
So Mr. Givens went back to County.
Would it go back in as whatever it's zoned at now,
or would the County decide upon.
So the County, it would have to be rezoned
under County regulations.
So it would continue to have its city of Emporia zoning
until the district parcel type, until it would be rezoned
under County jurisdiction.
Since we do not share joint jurisdiction,
we have to keep them separate and they retain their existing
zoning regulations or zoning type
until they are either developed or anything like rezoned.
So thank you, Madam Mayor.
Can I ask the applicant to come forward and speak.
Good morning.
Good afternoon.
We've actually moved into the afternoon at this point.
My name is Shirley Woodard.
I'm with the Morris law firm.
I'm here on behalf of the applicant.
And I think you all know Gary Nordstrom.
Governmental assistance services.
Shirley and I came together with legal questions
that we would have about rezoning
or a specific questions about the project directly to me.
And does anyone have questions for the applicant.
Why 1,000 acres.
I think it's important for 1,000 acres is to allow
for the future of an end user.
The business plan for an end user
want to grow and have expansion possibilities.
And so it would give them the ultimate sort of leeway
to plan a business model into the future
that we don't quite have a handle on.
So does your expectation expectation
that you would develop predominantly
on the south end of the tracks first,
and that it would just grow from there.
It's always been that expectation
based on utility delivery that we would begin with.
The end user would potentially begin,
but we can't speak for them.
But it would begin through highway 50 to the North
seems to be the most reasonable track,
but that would be decided upon a development
agreement that would be signed.
So would it also be true that the development would grow based
on the path to power, and how soon the power
could be at the facility to.
There's no doubt about that.
It would.
However, the utilities would be delivered
would govern the expansion potential of campus.
So essentially, we're looking at a project that could
take multiple years to develop.
That's accurate.
I think we can say that for sure.
This is a multiple year development.
Can you reiterate you do not have an end user yet.
That's correct.
We do not.
You're just getting ready.
Can you reiterate?
We do not have NDAs with your company
in any way, shape, or form.
We do not have NDAs with my company in any way.
And arkansa park or Kansas park, there are no any of those.
I have not put my name on anything.
There is no development agreement,
not put our name on anything.
All of that's correct.
There's no development agreement.
NDAs between the governing body and any company
that had any interest whatsoever in this development.
We are taking a step by step.
Is it accurate that we would.
There is little chance the city would be working
with Kingston or related companies,
and most likely with an end user.
When we get to the development agreement,
it's absolutely accurate that the end user
would be the entity that would enter
into a development agreement.
The end user would be a digital tech company in the end
and not any developer.
Thank you.
OK Any other questions.
I'd like to make a motion to approve ordinance
2622, resorting certain properties
to light industrial and industrial flex,
and amending the official zoning map to confirm the zoning.
Ordinance 2622 rezoning certain properties,
light industrial and industrial parks
and amending the official zoning map.
Zoning any other discussion.
Obviously, I did not.
5 euros at the majority.
OK Number 5 requires four to 1 since we
had the protest petition.
So I'm saying.
Yeah all right.
Number five.
The next item before the Commission is ordinance 26 23.
This ordinance does not change the underlying zoning
classification on the property.
Rather, it considers whether the additional supplemental
standards, operational requirements, and review
procedures established by the digital infrastructure overlay
district should apply to these specific properties
and any future digital infrastructure development that
occurs on those properties.
The underlying light industrial and industrial flex zoning
classifications, which you have just voted on,
will remain unchanged and other uses permitted
within those districts will continue
to be allowed if a different type of project
were to come before you.
I would note that the dio regulations require
that property zoned industrial flex require approval
of a planned unit development before digital infrastructure
development may occur.
The planning commission did conduct the required
public hearing on this item, and voted 6 to 1
to recommend approval of including
all 11 tracks within the digital infrastructure overlay district.
As with the rezoning request, a valid protest petition
has been filed with respect to this application.
Accordingly, approval of the planning
Commission's recommendation requires
the affirmative vote of at least 3/4 of the members
of the governing body.
And your other options to override or modify require a 2/3
majority vote, and the commission may also return
the application to the planning commission,
specifying the reasons for doing so or table the matter
for future consideration.
And as has been stated several times,
this does not approve a specific project.
All other planning project approval
requirements remain in place.
Give it over to Mr. Gibbons.
She pretty much hit it.
All right there again.
Do you want to put that map up again.
This is for the 1111 tracts of land, kind of just hitting back
again on the dio requirements of utility infrastructure
plan, waste water, water service agreements, generation
agreements, emergency response plans, traffic impact studies.
All of those things that we just discussed on the dio
would be applicable here or the specific project obligations
such as infrastructure improvements,
operational commitments, mitigation measures, monitoring
requirements, financial assurances and other conditions,
and track 11 as it was the request
to rezone as industrial flex.
It would have the additional levels of approval required,
so being subject to pud process, which requires
additional review from the planning
commission and city commission.
This is again as similar as a rezoning.
As the city attorney has stated, staff
feels it is consistent with the zoning
regulations consistent with the comprehensive plan.
This also does provide an additional level of protection
for neighboring uses and again, not an approval
of a particular project.
Additional steps that will be brought before the planning
commission and governing body for approval
before a potential project could be developed on this property.
With that, I would answer any questions you may have.
Thank you.
The digital overlay.
Anyway, that covers all industrial.
Not yet.
Yes it would.
So it isn't covering all industrial
in the city of Emporia.
If some other industrial only these.
It applies only to these 11 tracks.
If a let's say I mean and I'm going to take a little corner,
you could put it over there.
And they would have to apply for inclusion
into a digital infrastructure overlay district.
This is basically applies to all digital infrastructure projects.
Well creation the creation.
And if I could say it another way in order
to request being included in the overlay district,
a property has to have underlying base zoning of
an industrial classification.
So flex industrial and low or high industrial.
Those are criteria that establish eligibility
to be included in the overlay district,
but that it includes an application
to be included in the district.
For digital infrastructure development on top of it.
So somebody could not just come in on other industrial property
and ask for it would have to go through
the they'd have to go through this process
planning commission.
And I just wanted to confirm previous though others
probably could open up.
It probably could have.
Yeah depending on infrastructure needs.
And that was one of the big reasons driving factors
behind the dio text Amendment was
to be able to protect not just these proposed properties,
but the city in general.
We would have had very difficult time trying to if we would have
rejected a proposed development in a light,
heavy industrial area without additional regulations
on top of it.
And so, that was kind of one of the prefaces for creating
the digital infrastructure overlay text Amendment,
and then being able to apply the dio
to specific properties in the future, not
just these 11 tracks.
But you do have to apply to.
It's similar to rezoning.
You have to go before the planning commission.
Planning commission has to conduct a public hearing.
We have to review the project or proposal
and bring something before the planning
commission or city commission.
Thank you for clarifying that for me.
Can I ask a developer to come up here.
Sure and legal counsel.
And legal counsel.
Let's go ahead and leave that on there.
I just want to clear up something that's
been on the internet and make sure we're all on the same page
with this discussion.
You guys understand you guys do not have
a green light to build today.
You guys, before anything would happen have to come back
with a development agreement.
Is everybody clear on that.
We absolutely understand that.
And are you guys willing to look at EMFs and heat islands as part
of this process as well.
I think that's going to be customary in the future.
OK yes.
Garrett yes.
Of course.
Thank you.
Yes OK.
Any other questions.
OK next motion.
Make a motion.
I'll make the motion to approve ordinance 2623, including
certain properties within the city
of Emporia, Kansas in the digital infrastructure
overlay district.
And amending the official zoning map to conform with said zoning.
I second that motion.
Second ordinance 2623, including certain properties in the city
of Emporia, Kansas, in the digital infrastructure overlay
district and amending the official zoning map to confirm
said zoning.
Any other discussion.
All in favor, say Aye.
Aye Motion passes 5 0.
All right.
We're going to roll.
Let's go for five minutes.
Oh sorry.
Communications sorry, Madam Mayor.
Two items on communications, financials and permits,
and the June budget.
We'll talk a little bit more about budget here in a minute.
So I'll stand for any questions.
All right.
Agenda three items on consent agenda.
Commission meeting minutes from June 1.
Application to the Federal Home Loan Bank
for topeka's affordable housing program.
And a request from CDOT to run fiber along the prairie Street
Bridge at I-35.
I have a motion to accept consent agenda.
So moved.
Second Motion and second.
For consent.
Agenda any other discussion.
All in favor, say Aye.
Aye informational items.
August 5 is our next meeting.
Good morning.
During the budget.
Budget and we will probably have the discussion.
Citizens petition.
OK I will be remote.
OK governing body comments.
I would like to just say, oh, I'm sorry.
Kurt goes first.
Oh, yeah.
Sorry that was me.
How bad that was to me.
Can I go first.
Yeah do you want to go first.
One governing body was on you, right.
OK I was just going to say that I would like people who said
that they have not felt heard.
I would like to say that I know the planning and zoning
commission listened for hours.
I would like to say that we have listened
to multiple public comments.
For hours.
I've responded to emails.
I've read emails.
I've read studies.
I've tried to engage with people.
We have listened.
That's what I'd like to say.
I'm sorry if the decisions made were not
what you wanted or were asking for, but we did listen.
First I will concur with you on that,
and I hope the community will give us the time to work
on this with the end user.
If one comes forward and create the best infrastructure
model that we can.
I know it's been a long haul.
I am.
Optimistic that we can community all come together.
I am not for or against.
I may for going through the process to make sure Emporia
has the best they can get.
All I got is that there is a disk golf tournament
this weekend with all the pros.
So the number one player, one player in the world, the highest
ranked disk golfer of all time.
Really 1920-year-old Dannenberg.
Yeah 21.
21 and it's not me and it's not you.
Well there's that.
Anyway, go ahead.
There's a lot of big feelings in this.
I don't think anyone has been left out of that.
We are human like everybody else.
That has concerns.
But feelings are not facts.
We are looking for facts.
That is what we are supposed to do.
That is what we are doing.
We will continue to do that.
Is that yours.
Yeah, I'll just emphasize that I plan on getting folks
from both sides of the aisle together and sharing
actual facts and helping the community feel
like they're heard on what are our non-negotiables
as a community.
I love that idea of everybody getting together.
So you had a chance because we want
what's best for this community.
All right.
We are going to recess, probably 45 minutes.
I'll make a motion to recess for right away, though.
Yeah OK.
43 minutes to 2:30 and resume upstairs in the conference
room at 2:30 PM.
Second All in favor, say Aye.
Aye Motion passes.
We take a five minute recess.
Second All in favor.
All those in favor.
Aye OK.
Motion passes.
Great job.
Order and we are now into the budget
discussion with the Janet show.
You want to talk.
Do you want me to.
Yeah we just wanted to go over line item
by department, or at least by category by department.
So you guys can see those.
I would say on general fund, we're at one point
ending balance of 1.3 million.
We won't be anywhere near that.
But we've kind of determined that 1.6 is a safe level.
That's what we presented last year.
That's what we are hopeful to get
back to at this point in time.
But let's go over how Janet run through.
OK Taylor very graciously has put together
this wonderful PowerPoint.
I give her all the credit.
So we'll just go department by department.
What she's done here on the first screen
is picked out the largest two categories.
And you will see personnel on every single department as one
of the largest categories.
This is the commissioner manager clerk.
So this would is basically the people
upstairs in the city manager's office
and what their expenses are.
As you can see, the majority of it is in personnel.
And then other charges is the other big category.
And you will note the drop there.
25 was when we had both the deputy and assistant position.
We only had the assistant position
through June of this year.
Can we take a picture of that looked better.
He made our numbers look better without them.
Better without better.
At least on a budget standpoint.
Yeah So we'll just flip through these.
And if you have questions, just let me know.
The next one is your internal services.
So accounting HR it communications.
Again salaries is the largest one with commodities.
And a lot of the commodities is your insurance
those type of things.
Are we going to talk about insurance later.
Policies for when do we do that.
When we have to reevaluate what we pay or not
pay for health insurance.
Yeah typically we have that conversation in September.
OK we'll just let you guys know where we are with that.
And we are running what they say 17% is what
they're saying 17 increase.
Yes so we're watching that.
Hopefully that drops a little bit more.
And we can.
Yeah and our budget includes a 10%
increase for health insurance.
And point this out because our health we are self-funded.
We do have a rather large reserve.
Still today, yes.
We can fund it at 10% And then if we run under,
which hopefully we do, if we run over,
then we'll have to adjust in 28.
But if we run under we're probably
OK at 10% Yeah OK the next one is the police department
again personnel the transfers out
I'll tell you that is for the leased vehicles
that we're transferring to the equipment reserve fund.
That's their other big, I should say big expenditure more.
And for the majority of the categories
they are decreasing or.
Sorry yeah.
Yeah no increasing couple or ignore that comment.
Transfers is the only one decreasing OK.
Fire department.
Same story with all of those personal growth.
Yeah, we do have some additional what is
it under contractual service.
Contractual services.
Now that we do have separate building
we have insurance costs on the new building
and we have utility.
Before that was all just one cost for this building.
So now they have their own utility cost.
Yeah they did have for fire station 2,
but now they have two stations and transfers
out just for the random ones.
The transfers out.
That would be the leased vehicles that they have.
Those payments cannot be made within general fund.
They're moved to equipment reserve for that payment
to be made.
And that's why if you go police departments, the largest,
they have the largest, most of the vehicles, most
of the vehicles in the general fund.
Correct yeah.
Court same scenario.
A lot of the other charges is bad debt,
which is also part of the other charges in the fire department.
So those accounts that are not being paid that we have
to write off after two years.
Are we adding a staff member.
Their personnel went up or.
Their shorter person right now.
Oh, and so if that person comes back in then yeah.
But we have not added we don't have
we're not adding any additional personnel in this budget
next year.
No, no.
That's already a spot that's just open.
Yeah so we have one clerk that's gone right now.
OK yeah.
Engineering the transfers out back in 2025.
All of the work that engineering department
did for other projects.
A lot of the streets, water lines, things
like that, we were transferring their personnel
costs to those projects.
We're not able to do that because most of the projects
are state funded and they do not allow that charge,
so their personnel expenses are staying within their funds.
So that's why transfers was so high in 25
and has declined the following two years.
Golf course and golf shop kind of same story.
Your commodities is all of your chemicals on the golf course
itself and then utilities of watering when they
have to for the golf course.
What is capital right now Goff course has.
No, that would be a bond issue.
They have a sprayer that they're wanting in 27.
That's $90,000.
OK parks and the aquatic center.
Personnel is declined a little bit since 26.
Utilities continue going up again.
Water is the biggest one on that one.
And did we give them an extra in their contract this year
or did we say leave it the same as 2 years
ago for the aquatic center.
There was that increase if they stay open those extra weekends.
Oh that's right.
It may or may not be.
Yeah if they don't stay open.
Kevin, we haven't heard anything about that at this point.
No not heard or anything.
And then the zoo.
Personnel and commodities.
You got to feed those animals.
So that's why commodities is higher.
And again the water for those.
And they don't have any capital this year out of general fund.
So yeah.
And then the Civic Auditorium that is for this building, as
well as the maintenance contract for the library, the concessions
here.
And then there's also a division for mowing.
That's not park related.
That's all under the Civic Auditorium department.
And I will say all of the expenses
for this building hit the Civic Auditorium department.
We don't break out the water or the electricity or anything
like that.
I turn the lights off in the bathroom.
All of that is paid in this department.
We could reduce mowing if we get some goats or ducks.
We should have ducks.
And then the building and neighborhood development.
Again, personnel costs in there.
The transfers are your enterprise
vehicles that are going out.
And so pretty straightforward Municipal Airport.
The commodities is where the fuel
lays at in there is a profit between the amount of fuel
that we are buying versus what we're selling.
Have they started, Trey, on putting that new pump in.
The new gas pump that doesn't look like it's from 1940.
Yeah that was signed.
I know that part of that project,
the bid came in higher and Brian and
they've been working on that.
But the gas pump project has been greenlighted.
It's that second part of it, which
is the apron extension, that bid came in about half a million
higher than.
So we're just waiting for somebody
to put in the new gas pump.
Yes, that part's been approved.
It's the second part, the apron that we need to figure out.
And then the last slide is a quick summary of all the CIP
that is in general fund.
So this year or 27, it's 475,000 versus
this year it's about 312,000.
So a little bit higher on our capital items.
Mostly because of the park mowers.
So questions as Trey indicated we're continuing
to look through the budget.
See what adjustments and tweaks we can make.
Hoping to end the year with a budgeted balance of 1.6.
This budget here is presented is at 1.3.
That is.
And we did not talk about the revenue side,
but revenue is flat with our Mills from last year
or for this year.
And we'll look at that a little closer to.
Yeah questions direction.
So Trey, you talk a little bit about personnel
when we first started.
And then the fact that you're watching
that real close to making sure what you
hire for and what you don't.
Can you explain the areas that are a must hire.
I mean, obviously public safety is first
and foremost, we have an engineering
position open right now.
Unless somebody really outstanding comes our way,
I'm going to hold that.
Especially as we start to go into the quieter time.
That may be something.
I haven't had this conversation with Jim,
but as we get into January, maybe take a look at that
right now.
But the bad thing, all these positions.
And I'll use engineering as an example.
If we have a project.
And if we have a certified inspector,
it is a whole lot cheaper for us to have
our own certified inspector than hiring typically
BG to be the Inspector.
So there's cost savings.
Now, if we don't have a project coming up,
or if we have somebody who's going to take two
years because the guy that we had,
I think he started one day before I did,
he was here for four years.
He was an excellent inspector, and he went back to Wyoming.
But then they brought in somebody to train.
And not that he wasn't a good person.
It just was not a good fit for him.
Pam so.
But he was not somebody that we could send out
and say on day one, go do it.
So that's something we have to manage.
I know we have a court clerk position open right now,
I think have a little bit of a conversation about that.
But we just look at them as one offs.
Obviously debtor's position is another one that we.
Well not debtor's position, but we for now
we went ahead and stepped back from having that position today.
So I mean I think we just have to look
at it on debtor's position.
We didn't feel Taylor's correct OK.
Thank you.
What if whether she likes it or not.
Yes the former Taylor position is we left that open.
So, we continue to look at all of those on a case
by case basis.
OK looks good.
Are you feeling better.
Feeling a little better.
I think we need to tease some stuff out a little bit.
Yeah, I fire department still.
I mean, if you go back to fire department, probably.
They were understaffed for years.
They are.
I mean, you're still seeing pretty good personnel jumps.
I need to tease that out a little bit.
But the fire department when you and right here
it's combined EMS and fire.
Typically we presented as two separate budgets.
But it's our biggest department of course it's biggest general
funded department.
I think 53 is what they have and 53 firefighters.
But it's like insurance.
You pray you don't ever need it.
Oh yeah.
But if we can have them when you're we've
had a couple days through the summer
that it's been between those pressing for them.
Yes it is a little bit less personnel.
So we have guys are authorized 43 red light I believe it is 44
now 44 with the SRO position.
That school district is reimbursing this
for three quarters of that.
But so 44 plus we have 3 and that.
And that's what we call sworn.
Even though firefighters aren't sworn,
we sometimes still call them sworn.
But, firefighters versus admins.
So right.
Fire department has three admin.
So takes them to 56 PD has you count you have
four admin five admin with Brittany and PD
because they have to do all the records as part
of that it takes up to 4949.
Yeah so and that's another place that we have.
When the police chief's administrative assistant left
last year, we moved a records clerk in there,
and she's kind of been half time doing both jobs.
Said she could do a little bit of overtime,
but that's been cheaper than filling that position.
So we continue to look for opportunities
as we have openings.
And some of it is capability.
I had a very capable person that we could
move up to the deputy position.
And I feel like with Taylor that we're good running right now.
And of course, bringing Brian in for public works director.
I mean, there's just we have so you have to look
at it always old debate.
Do you build an organization around personnel
or do you build it around functions.
I think it's a little bit of both, because when you have
people who are capable can sometimes run with a little bit
less a little later.
I think we're good.
Thank you.
OK thank you Janet.
We'll be looking at utility funds.
Yes and we'll probably talk a little property tax.
We'll look at this a little more on the fifth and then talk
about utility funds.
But water runs.
Mac is looking at some numbers for us
on that solid waste and waste.
So all three of those, we're looking at numbers.
So it may be one of those that and we're trying to get those
all to come back together and have that big conversation
because we're aware that you can say water is one thing,
wastewater is another.
And trash people only look at their total bill.
Yeah so yeah that is true.
All right.
They don't know what the water I mean right.
We need an executive session.
How long do you want.
30 30.
Start with 30.
Are we going downstairs or do you want to.
Yeah downstairs is just easier with Aaron.
Can you make the stairs.
Oh, yeah.
Move oh.
Go ahead.
No, you go for it.
I move, we adjourn to executive session provided KSA 75 4319b2
to protect privileged communication and the attorney
client relationship.
The opening meeting will resume.
We sit downstairs.
Yeah We'll go back into downstairs.
Downstairs at Aaron.
Who did the math.
Well how long.
30 I didn't say 30.
The math man 322.
You agree with that.
322 Kerry.
Yes, and we're not expecting any action.
Oh OK.
We return from executive session with no action to be taken.
I'll make a motion to recess into executive
session until 3:35 PM.
Second all those in favor, please say Aye.
Aye Motion carries.
It'll actually be taking a motion to adjourn.
So moved.
Second all verify.
Aye Aye.