1
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2
00:05:16,730 --> 00:05:19,490
Is that what.

3
00:05:19,490 --> 00:05:23,850
We will call the city
commission on July 22.

4
00:05:23,850 --> 00:05:25,070
Meeting to order.

5
00:05:25,070 --> 00:05:26,870
All five commissioners
are present.

6
00:05:26,870 --> 00:05:29,770
All city staff is present.

7
00:05:29,770 --> 00:05:32,450
We do not have
any proclamations.

8
00:05:32,450 --> 00:05:36,530
We have our first
sheet coming to me.

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00:05:36,530 --> 00:05:40,150
I'm going to read
a statement first.

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00:05:40,150 --> 00:05:45,250


11
00:05:45,250 --> 00:05:46,370
All right.

12
00:05:46,370 --> 00:05:47,610
We're about to.

13
00:05:47,610 --> 00:05:48,810
We're about.

14
00:05:48,810 --> 00:05:50,810
Sorry everyone will
get two minutes

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00:05:50,810 --> 00:05:53,670
and we head into public forum.

16
00:05:53,670 --> 00:05:56,450
I will bang the gavel and
you will need to stop.

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00:05:56,450 --> 00:05:58,710
Unfortunately, today
I cannot let any

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00:05:58,710 --> 00:06:00,830
of you go with your time over.

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00:06:00,830 --> 00:06:03,830
Today we will not be tolerating
any comments or disruptive

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00:06:03,830 --> 00:06:05,170
behavior from the audience.

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00:06:05,170 --> 00:06:06,870
This is your Warning.

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00:06:06,870 --> 00:06:09,310
If we find your actions
are being disruptive

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00:06:09,310 --> 00:06:11,390
will be asked to leave the room.

24
00:06:11,390 --> 00:06:13,230
Please be respectful
of everyone's

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time and their own opinions.

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00:06:15,910 --> 00:06:18,410
Because of the
capacity of this room,

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we will follow a specific
format for public comment.

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Those seated in this room will
be called on first to speak

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00:06:25,350 --> 00:06:27,330
after speaking and signing in.

30
00:06:27,330 --> 00:06:29,590
They should return to
their seats in this room

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00:06:29,590 --> 00:06:32,550
once those speakers have had
an opportunity to comment.

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00:06:32,550 --> 00:06:35,110
Individuals who wish to
speak from the overflow rooms

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will be brought into the room.

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00:06:36,410 --> 00:06:37,290
Groups of 10.

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Which is why we have the chairs.

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00:06:38,950 --> 00:06:41,350
After they are done speaking,
they will be returned

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00:06:41,350 --> 00:06:43,390
to their overflow room.

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00:06:43,390 --> 00:06:45,610
We will also again need
to be firm with the two

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00:06:45,610 --> 00:06:47,010
minute public comment limit.

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This is not intended to
diminish anyone's viewpoint.

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00:06:49,940 --> 00:06:52,500
It is simply the fairest
way to ensure everyone

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00:06:52,500 --> 00:06:54,020
has their chance to speak.

43
00:06:54,020 --> 00:06:56,340
Thank you in advance
for keeping this meeting

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00:06:56,340 --> 00:06:59,500
orderly, respectful and focused.

45
00:06:59,500 --> 00:07:01,080
So we will move
into public forum.

46
00:07:01,080 --> 00:07:03,080
Public is invited to make
comments at this time.

47
00:07:03,080 --> 00:07:05,480
Please limit comments
to two minutes each.

48
00:07:05,480 --> 00:07:06,620
Please state your
name and address

49
00:07:06,620 --> 00:07:09,380
prior to making comments.

50
00:07:09,380 --> 00:07:15,320
And we will just start with
my thought at this time.

51
00:07:15,320 --> 00:07:22,700


52
00:07:22,700 --> 00:07:24,580
Hello, friends.

53
00:07:24,580 --> 00:07:28,540
Hey, I'm Mike law,
137b South kahola road.

54
00:07:28,540 --> 00:07:29,880
I want to make one thing clear.

55
00:07:29,880 --> 00:07:32,100
I'm not representing
the membership

56
00:07:32,100 --> 00:07:34,460
of the Chamber of Commerce.

57
00:07:34,460 --> 00:07:36,980
I have the board support,
but I'm not speaking

58
00:07:36,980 --> 00:07:38,520
for the individual members.

59
00:07:38,520 --> 00:07:40,380
Just want to make that clear.

60
00:07:40,380 --> 00:07:42,180
No need for me to quote
back to you any more

61
00:07:42,180 --> 00:07:43,680
facts on this situation.

62
00:07:43,680 --> 00:07:45,880
I know you know
all inside and out.

63
00:07:45,880 --> 00:07:47,960
You've probably
digested more than

64
00:07:47,960 --> 00:07:51,020
and mastered more than you ever
wanted to on that data center.

65
00:07:51,020 --> 00:07:54,200
So thank you for that, and I
commend you for that effort

66
00:07:54,200 --> 00:07:55,800
and realize today,
you're not here

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00:07:55,800 --> 00:07:58,280
to Green light a data center.

68
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I want to make that
perfectly clear.

69
00:07:59,740 --> 00:08:01,060
What the situation is.

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00:08:01,060 --> 00:08:02,900
You've done your
homework, you've listened,

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00:08:02,900 --> 00:08:04,920
you've discussed,
and I'm sure you've

72
00:08:04,920 --> 00:08:07,360
spent many a sleepless night.

73
00:08:07,360 --> 00:08:10,120
And that sucks for
you, but I encourage

74
00:08:10,120 --> 00:08:13,040
you to make that next step,
approve the zoning request

75
00:08:13,040 --> 00:08:14,260
and get to the next step.

76
00:08:14,260 --> 00:08:18,280
And let's see where this
opportunity can take us.

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00:08:18,280 --> 00:08:20,160
As the development
agreement can't

78
00:08:20,160 --> 00:08:22,560
move forward without your
approval and guidance.

79
00:08:22,560 --> 00:08:25,920
And I trust you and I trust
you all after all this,

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00:08:25,920 --> 00:08:28,040
that you do what's
best for Emporia

81
00:08:28,040 --> 00:08:31,080
and Emporia, community
and the economy,

82
00:08:31,080 --> 00:08:32,900
with multiple
safeguards in place.

83
00:08:32,900 --> 00:08:34,720
And our community
can see probably

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00:08:34,720 --> 00:08:38,039
the single biggest economic
boost in the history

85
00:08:38,039 --> 00:08:40,200
of the state of Kansas.

86
00:08:40,200 --> 00:08:44,179
I've only been this interim
gig for about 126 days,

87
00:08:44,179 --> 00:08:47,170
not counting by any
stretch, but I can tell you,

88
00:08:47,170 --> 00:08:49,670
I'm thinking about kicking
around this deal for a couple

89
00:08:49,670 --> 00:08:52,350
of years, and I've seen
one thing thus far,

90
00:08:52,350 --> 00:08:54,470
and it's not breaking
news to you all.

91
00:08:54,470 --> 00:08:56,790
Emporia could use
this kind of lift.

92
00:08:56,790 --> 00:08:57,530
Thank you.

93
00:08:57,530 --> 00:08:58,250
Thanks for your time.

94
00:08:58,250 --> 00:08:59,510
And I appreciate you.

95
00:08:59,510 --> 00:09:03,550
All right.

96
00:09:03,550 --> 00:09:04,530
Casey woods.

97
00:09:04,530 --> 00:09:13,430


98
00:09:13,430 --> 00:09:15,110
Before I begin,
I wanted to thank

99
00:09:15,110 --> 00:09:17,650
commissioners for your continued
work on behalf of Emporia.

100
00:09:17,650 --> 00:09:18,730
My name is Casey Williams.

101
00:09:18,730 --> 00:09:22,150
1228 West Street will serve
as the Executive Director

102
00:09:22,150 --> 00:09:23,670
of Emporia Main Street.

103
00:09:23,670 --> 00:09:27,150
I encourage you to adopt
the rezoning of tracks 1

104
00:09:27,150 --> 00:09:28,950
through 11, as recommended
by the planning and zoning

105
00:09:28,950 --> 00:09:31,230
commission, and to adopt
the proposed digital overlay

106
00:09:31,230 --> 00:09:33,390
standards for the
same properties.

107
00:09:33,390 --> 00:09:35,390
It's important to remember
what these actions do

108
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and what they do not do.

109
00:09:37,230 --> 00:09:39,190
Approving the zoning
and overlay does

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00:09:39,190 --> 00:09:41,850
not approve a digital campus
or authorized construction.

111
00:09:41,850 --> 00:09:43,950
Instead, it gives our
community the opportunity

112
00:09:43,950 --> 00:09:47,170
to market the site and
engage in direct negotiations

113
00:09:47,170 --> 00:09:49,050
with the potential end user.

114
00:09:49,050 --> 00:09:50,850
Only after those
negotiations would

115
00:09:50,850 --> 00:09:53,410
a detailed development agreement
come back before this commission

116
00:09:53,410 --> 00:09:54,890
for consideration.

117
00:09:54,890 --> 00:09:58,210
We strongly encourage a process
where that development agreement

118
00:09:58,210 --> 00:09:59,810
is made available
for public review

119
00:09:59,810 --> 00:10:01,950
before any formal
action is taken.

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00:10:01,950 --> 00:10:03,570
That agreement
should clearly define

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00:10:03,570 --> 00:10:05,170
measurable and
enforceable standards

122
00:10:05,170 --> 00:10:08,190
covering issues such as
jobs, wages, infrastructure,

123
00:10:08,190 --> 00:10:09,950
utilities, environmental
protections,

124
00:10:09,950 --> 00:10:12,630
community investment and
other community expectations.

125
00:10:12,630 --> 00:10:15,970
Those are the facts our
citizens deserve to evaluate.

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00:10:15,970 --> 00:10:17,850
The foothills digital
campus discussion

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00:10:17,850 --> 00:10:20,330
should be based on
factual projection project

128
00:10:20,330 --> 00:10:23,990
information, not fear
assumptions, personal attacks,

129
00:10:23,990 --> 00:10:25,410
or speculation.

130
00:10:25,410 --> 00:10:28,450
Let the public examine
the actual agreement.

131
00:10:28,450 --> 00:10:29,990
Let everyone ask questions.

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00:10:29,990 --> 00:10:31,450
Challenge the
details and determine

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whether the proposal meets the
standards our community expects.

134
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If it's a good deal for
Emporia, let's approve it.

135
00:10:37,470 --> 00:10:39,330
If it isn't, let's reject it.

136
00:10:39,330 --> 00:10:41,330
But our citizens
deserve the opportunity

137
00:10:41,330 --> 00:10:44,320
to evaluate real facts and
enforceable commitments

138
00:10:44,320 --> 00:10:46,160
before making that decision.

139
00:10:46,160 --> 00:10:48,120
I encourage you to pass
a zoning and overlay

140
00:10:48,120 --> 00:10:50,440
as recommended by the planning
and zoning commission.

141
00:10:50,440 --> 00:10:54,280
Thank you for your
time and consideration.

142
00:10:54,280 --> 00:10:57,420
People on the upstairs
said they can't hear it,

143
00:10:57,420 --> 00:10:59,780
so it's a violation
unless they can hear it.

144
00:10:59,780 --> 00:11:02,000
Can you guys fix
the audio upstairs.

145
00:11:02,000 --> 00:11:04,680
Doug McGaugh is next.

146
00:11:04,680 --> 00:11:05,180
Thank you.

147
00:11:05,180 --> 00:11:11,680


148
00:11:11,680 --> 00:11:12,640
My name is Doug.

149
00:11:12,640 --> 00:11:16,000
I live at 1809 Briarcliff lane.

150
00:11:16,000 --> 00:11:19,680
There may be legitimate
reasons for confidentiality,

151
00:11:19,680 --> 00:11:21,720
but planning a
data center nearby

152
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will affect the whole community.

153
00:11:24,280 --> 00:11:27,960
And the community needs to have
proper input from the get go.

154
00:11:27,960 --> 00:11:30,080
Instead, you sat on
this for eight months

155
00:11:30,080 --> 00:11:32,680
using NDAs to hide it
from all but a select few

156
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and then spraying
it on the rest of us

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00:11:34,480 --> 00:11:38,120
when there was little time
for comment or response.

158
00:11:38,120 --> 00:11:41,100
This is an inexcusable
ethical lapse.

159
00:11:41,100 --> 00:11:44,140
US additionally, you worked
this out with some very

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00:11:44,140 --> 00:11:46,180
Shady investors and developers.

161
00:11:46,180 --> 00:11:47,940
Any guardrails
you have laid down

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00:11:47,940 --> 00:11:51,780
are either not publicly
known or are non-existent.

163
00:11:51,780 --> 00:11:53,880
Are there benefits
for the data center.

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00:11:53,880 --> 00:11:57,420
Yes some investors and
people with insider knowledge

165
00:11:57,420 --> 00:11:59,260
will get financial boosts.

166
00:11:59,260 --> 00:12:02,180
There will be construction jobs
that will bring in short term

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00:12:02,180 --> 00:12:05,780
economic growth, along
with tremendous congestion

168
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and noise pollution.

169
00:12:07,820 --> 00:12:12,340
But you have all heard from
others the ecological pollution

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00:12:12,340 --> 00:12:16,420
and social issues that data
centers have created elsewhere.

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00:12:16,420 --> 00:12:19,860
Suffice it to say that
there are 0 long term

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00:12:19,860 --> 00:12:23,140
benefits for most of us.

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00:12:23,140 --> 00:12:24,520
And what is all this for.

174
00:12:24,520 --> 00:12:26,340
What is the purpose of AI.

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00:12:26,340 --> 00:12:27,020
It is.

176
00:12:27,020 --> 00:12:30,300
It is to increase government
surveillance 24/7 seven.

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00:12:30,300 --> 00:12:33,040
Maintain records of
all of us permanently,

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00:12:33,040 --> 00:12:35,740
mostly be via flock cameras.

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00:12:35,740 --> 00:12:38,540
Privacy will be a pipe
dream instead of a right.

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00:12:38,540 --> 00:12:42,130
Over 70% of Americans
now oppose data centers

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00:12:42,130 --> 00:12:43,570
and the numbers in Emporia.

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00:12:43,570 --> 00:12:46,490
If you bothered to poll
outside, the business community

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00:12:46,490 --> 00:12:48,450
are right in that area.

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00:12:48,450 --> 00:12:50,790
The data center being
proposed is unneeded,

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00:12:50,790 --> 00:12:52,890
has no enforceable
guardrails, is

186
00:12:52,890 --> 00:12:54,310
being pushed through too fast.

187
00:12:54,310 --> 00:12:56,730
Is sponsored by very
questionable developers.

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It needs much more time for
study at the very least.

189
00:12:59,430 --> 00:13:02,370
Table the decision until
after the election.

190
00:13:02,370 --> 00:13:04,290
I leave you with two words.

191
00:13:04,290 --> 00:13:05,750
Festus, Missouri.

192
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193
00:13:09,810 --> 00:13:11,070
We're moving on to Lawrence.

194
00:13:11,070 --> 00:13:22,530


195
00:13:22,530 --> 00:13:24,110
And then Kathy Lamb is on deck.

196
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197
00:13:28,170 --> 00:13:31,970
Sorry 11:09 Luther street.

198
00:13:31,970 --> 00:13:35,770
Please do not insult our
intelligence today by telling us

199
00:13:35,770 --> 00:13:37,570
that you are considering
only a land use

200
00:13:37,570 --> 00:13:39,400
agreement that is
separate from Gary

201
00:13:39,400 --> 00:13:41,440
Pinkston and Kansas Park Place.

202
00:13:41,440 --> 00:13:45,240
Let us not engage in that
kind of semantic nonsense.

203
00:13:45,240 --> 00:13:47,100
We all see the
elephant in the room.

204
00:13:47,100 --> 00:13:50,800
We are not talking about land
use agreements and annexation

205
00:13:50,800 --> 00:13:52,840
with no clear end game.

206
00:13:52,840 --> 00:13:55,220
This is about a
data center campus.

207
00:13:55,220 --> 00:13:56,180
We all know it.

208
00:13:56,180 --> 00:13:58,680
So let's just call
a spade a spade.

209
00:13:58,680 --> 00:14:02,120
Gary Pinkston keeps trying
to have it both ways.

210
00:14:02,120 --> 00:14:04,920
On the one hand, his
interview with kvoe radio

211
00:14:04,920 --> 00:14:07,360
he presented himself as
the primary developer

212
00:14:07,360 --> 00:14:08,720
for Kansas park.

213
00:14:08,720 --> 00:14:10,320
And then just four
days later, when

214
00:14:10,320 --> 00:14:13,080
questioned during his
bankruptcy hearing,

215
00:14:13,080 --> 00:14:16,360
Pinkston denied knowing
anything about the project.

216
00:14:16,360 --> 00:14:18,240
It can't be both.

217
00:14:18,240 --> 00:14:20,920
On the one hand, an image
has been created of Pinkston

218
00:14:20,920 --> 00:14:24,000
as a kind neighbor from
good old Chase County

219
00:14:24,000 --> 00:14:28,480
come to Emporia to offer us
a great economic opportunity.

220
00:14:28,480 --> 00:14:30,980
On the other hand, during
his bankruptcy proceedings,

221
00:14:30,980 --> 00:14:33,240
Pinkston said he knows
nothing about it.

222
00:14:33,240 --> 00:14:35,600
Can't have it both ways.

223
00:14:35,600 --> 00:14:38,420
Why on Earth are
you even considering

224
00:14:38,420 --> 00:14:42,420
doing business with such
a duplicitous character.

225
00:14:42,420 --> 00:14:48,380
Oh, but Pinkston is not the only
Shady character in the room.

226
00:14:48,380 --> 00:14:49,980
I'm wondering which
city commission

227
00:14:49,980 --> 00:14:51,780
we're going to see today.

228
00:14:51,780 --> 00:14:54,620
Will we see a group so
desperate to grab on

229
00:14:54,620 --> 00:14:58,020
to some kind of economic project
that they will even do business

230
00:14:58,020 --> 00:15:00,740
with a Shady character
like Gary Pinkston,

231
00:15:00,740 --> 00:15:03,100
Nordstrom and their LLC.

232
00:15:03,100 --> 00:15:06,940
Or will we see a commission
that we thought we elected.

233
00:15:06,940 --> 00:15:10,660
A group of leaders who care
about the people of Emporia, who

234
00:15:10,660 --> 00:15:12,820
care about our air,
our water, our property

235
00:15:12,820 --> 00:15:14,980
values, and our
quality of life more

236
00:15:14,980 --> 00:15:16,780
than they care about
lining the pockets

237
00:15:16,780 --> 00:15:19,060
of a few well-heeled investors.

238
00:15:19,060 --> 00:15:22,940
Which city commission will
you choose to be today.

239
00:15:22,940 --> 00:15:25,560
I guess we'll find
out here shortly.

240
00:15:25,560 --> 00:15:28,780


241
00:15:28,780 --> 00:15:29,440
All right.

242
00:15:29,440 --> 00:15:32,500


243
00:15:32,500 --> 00:15:33,640
My name is Kevin Lamb.

244
00:15:33,640 --> 00:15:38,050
I live at 10 1706
East 10th Avenue.

245
00:15:38,050 --> 00:15:42,050
For three years, I protested
in front of a abortion mill

246
00:15:42,050 --> 00:15:45,770
in San Antonio, and I had the
Archbishop of San Antonio come

247
00:15:45,770 --> 00:15:50,450
and was with us, and he would
say are filled with passion

248
00:15:50,450 --> 00:15:52,850
and you are filled
with the Holy Spirit.

249
00:15:52,850 --> 00:15:54,990
And I don't know what
you are filled with.

250
00:15:54,990 --> 00:15:57,030
I think everybody
back here has an idea,

251
00:15:57,030 --> 00:15:58,110
but I don't know what you are.

252
00:15:58,110 --> 00:16:00,010
I don't even know you.

253
00:16:00,010 --> 00:16:00,850
I've moved back.

254
00:16:00,850 --> 00:16:01,750
I was born and raised here.

255
00:16:01,750 --> 00:16:03,090
I just moved back.

256
00:16:03,090 --> 00:16:07,770
But I know that if you
truly care about your people

257
00:16:07,770 --> 00:16:11,370
would not even consider
a facility that causes

258
00:16:11,370 --> 00:16:14,570
cardiovascular disease,
pulmonary disease,

259
00:16:14,570 --> 00:16:16,730
different types of
cancer, stillbirth,

260
00:16:16,730 --> 00:16:18,650
miscarriages, deformities.

261
00:16:18,650 --> 00:16:21,130
How can you even consider that.

262
00:16:21,130 --> 00:16:22,770
But let me go back
to the threats

263
00:16:22,770 --> 00:16:24,350
and being called on by the cops.

264
00:16:24,350 --> 00:16:28,290
Last night, like I said, I
was in front of an Abortion

265
00:16:28,290 --> 00:16:31,650
Every single Saturday for three
years till we moved to Florida.

266
00:16:31,650 --> 00:16:36,270
I had guns in my face, I had
shotguns pointed at my stomach.

267
00:16:36,270 --> 00:16:38,130
I had beer bottles thrown at me.

268
00:16:38,130 --> 00:16:41,130
I had soda bottles thrown
at me and I stood my ground.

269
00:16:41,130 --> 00:16:43,630
I had cars swerve at me.

270
00:16:43,630 --> 00:16:46,370
But because the Bishop
said, the Archbishop said,

271
00:16:46,370 --> 00:16:47,510
you're filled with
the Holy Spirit

272
00:16:47,510 --> 00:16:49,050
and you're filled with passion.

273
00:16:49,050 --> 00:16:52,210
I'm filled with passion and I'm
filled with the Holy Spirit.

274
00:16:52,210 --> 00:16:54,290
And this is my town.

275
00:16:54,290 --> 00:16:57,990
These are my citizens, and
I don't want them to die.

276
00:16:57,990 --> 00:17:01,230
A pulmonary disease or
cardiovascular disease

277
00:17:01,230 --> 00:17:05,790
or a multiple type of cancers
that you know very well

278
00:17:05,790 --> 00:17:09,150
is capable of happening
once it goes in.

279
00:17:09,150 --> 00:17:11,450
And I want to thank Tammy
Ogle for answering my email.

280
00:17:11,450 --> 00:17:12,490
I wanted to meet with you.

281
00:17:12,490 --> 00:17:13,530
I said it wasn't a debate.

282
00:17:13,530 --> 00:17:14,490
You didn't even reply.

283
00:17:14,490 --> 00:17:16,670
You didn't even make
up a lie and reply.

284
00:17:16,670 --> 00:17:18,030
So I don't know why.

285
00:17:18,030 --> 00:17:22,069
Why you are so unaccessible
to us and why you are so.

286
00:17:22,069 --> 00:17:24,630
The lack of transparency to us.

287
00:17:24,630 --> 00:17:26,630
We don't work for you.

288
00:17:26,630 --> 00:17:28,650
I don't know who I voted
for because like I said,

289
00:17:28,650 --> 00:17:31,150
I. I don't know you.

290
00:17:31,150 --> 00:17:33,260
I don't but I do now.

291
00:17:33,260 --> 00:17:36,700
And those of you who
are supporting that God

292
00:17:36,700 --> 00:17:38,540
have mercy on their souls.

293
00:17:38,540 --> 00:17:39,780
Yeah OK.

294
00:17:39,780 --> 00:17:40,560
Up next.

295
00:17:40,560 --> 00:17:45,660


296
00:17:45,660 --> 00:17:49,860
We have a second set of papers.

297
00:17:49,860 --> 00:17:52,000
All right.

298
00:17:52,000 --> 00:17:52,640
Hello, everybody.

299
00:17:52,640 --> 00:17:53,860
My name is Jay.

300
00:17:53,860 --> 00:17:55,640
I'm from Emporio,
neighbors United.

301
00:17:55,640 --> 00:17:58,660
And I've been trying to.

302
00:17:58,660 --> 00:18:02,460
1319 Lawrence Street,
right around the corner.

303
00:18:02,460 --> 00:18:06,100
So I have been traveling all
around the County talking

304
00:18:06,100 --> 00:18:08,720
to our neighbors
and admire Allen,

305
00:18:08,720 --> 00:18:12,760
Americus, Redding, Hartford,
Neosho Rapids, OPI,

306
00:18:12,760 --> 00:18:13,980
and no one wants it.

307
00:18:13,980 --> 00:18:15,600
They're worried
about their water.

308
00:18:15,600 --> 00:18:18,340
They're worried about if
this happens here, then

309
00:18:18,340 --> 00:18:20,300
what happens to them there.

310
00:18:20,300 --> 00:18:23,040
And so, to be good
stewards of our neighbors,

311
00:18:23,040 --> 00:18:24,920
this isn't just a
city conversation.

312
00:18:24,920 --> 00:18:28,220
This is a County wide
conversation and discussion.

313
00:18:28,220 --> 00:18:30,560
Our County Board of
Commissioners took the lead

314
00:18:30,560 --> 00:18:32,940
and took a six month
moratorium on this.

315
00:18:32,940 --> 00:18:34,340
I know you guys.

316
00:18:34,340 --> 00:18:38,580
And you all had
record donations.

317
00:18:38,580 --> 00:18:41,760
You guys broke a record for
the most campaign contributions

318
00:18:41,760 --> 00:18:44,160
in a city election last time.

319
00:18:44,160 --> 00:18:47,880
Is that why you guys are
not listening to the people.

320
00:18:47,880 --> 00:18:52,400
Is 10,000 to $13,000
each a reason to not hear

321
00:18:52,400 --> 00:18:53,920
the people of your community.

322
00:18:53,920 --> 00:18:56,840
We have shown up 500 strong.

323
00:18:56,840 --> 00:18:59,640
We have shown up
time and time again.

324
00:18:59,640 --> 00:19:01,020
We have brought the facts.

325
00:19:01,020 --> 00:19:02,380
We have the experts.

326
00:19:02,380 --> 00:19:04,220
We've read the
studies and reports.

327
00:19:04,220 --> 00:19:05,520
We've tried to meet
with all of you

328
00:19:05,520 --> 00:19:09,020
and you have been
aloof, non-responsive,

329
00:19:09,020 --> 00:19:11,640
avoidant, corrupt.

330
00:19:11,640 --> 00:19:14,040
Gaslighting, fear mongering.

331
00:19:14,040 --> 00:19:16,280
Is that who you want to be.

332
00:19:16,280 --> 00:19:18,140
Is that the legacy
you want to set.

333
00:19:18,140 --> 00:19:21,320
Is that how you want your
children to look at you

334
00:19:21,320 --> 00:19:24,840
and how you go down in
history on the wrong side.

335
00:19:24,840 --> 00:19:27,960
This is not a project
that we want or need,

336
00:19:27,960 --> 00:19:29,710
but this is the
project that obviously

337
00:19:29,710 --> 00:19:32,250
has some type of bearing
in your personal lives.

338
00:19:32,250 --> 00:19:35,230
Are you getting money in your
own personal bank accounts.

339
00:19:35,230 --> 00:19:37,290
Are you getting a
condo in Hawaii.

340
00:19:37,290 --> 00:19:38,490
We deserve to know.

341
00:19:38,490 --> 00:19:42,050
I filed a court
request for $1,740.

342
00:19:42,050 --> 00:19:44,070
And I haven't received any
of your emails, your phone

343
00:19:44,070 --> 00:19:45,530
records or text messages.

344
00:19:45,530 --> 00:19:49,010
But when we do better
believe some recall.

345
00:19:49,010 --> 00:19:50,510
Elections are coming.

346
00:19:50,510 --> 00:19:51,210
Take care.

347
00:19:51,210 --> 00:19:55,350


348
00:19:55,350 --> 00:19:57,430
Where are we on.

349
00:19:57,430 --> 00:19:59,530
Are there people
in that third row.

350
00:19:59,530 --> 00:20:02,370
So, Bruce, we'll start with
Bruce and just go down the row,

351
00:20:02,370 --> 00:20:02,890
I guess.

352
00:20:02,890 --> 00:20:06,150


353
00:20:06,150 --> 00:20:10,990
Can you just pass it down
the other rows as well.

354
00:20:10,990 --> 00:20:12,510
I feel like it just made it.

355
00:20:12,510 --> 00:20:13,370
They're going to do it.

356
00:20:13,370 --> 00:20:15,910
I think after they
talk they're going

357
00:20:15,910 --> 00:20:16,970
to come over here and sign it.

358
00:20:16,970 --> 00:20:20,750
But can we get people
on deck so that anybody

359
00:20:20,750 --> 00:20:22,310
else that's speaking.

360
00:20:22,310 --> 00:20:25,270
When you're done speaking, step
over here and sign your name

361
00:20:25,270 --> 00:20:26,790
and address please.

362
00:20:26,790 --> 00:20:28,630
OK I was just trying
to be efficient.

363
00:20:28,630 --> 00:20:29,390
Oh, here you go.

364
00:20:29,390 --> 00:20:31,930


365
00:20:31,930 --> 00:20:32,650
OK you're up.

366
00:20:32,650 --> 00:20:33,230
All right.

367
00:20:33,230 --> 00:20:34,170
Thank you all.

368
00:20:34,170 --> 00:20:35,330
Bruce Bedford.

369
00:20:35,330 --> 00:20:38,770
2214 East Bayfront court
here in Emporia, Kansas.

370
00:20:38,770 --> 00:20:41,610
Thank you for allowing me this
time to speak as a proponent

371
00:20:41,610 --> 00:20:42,970
of the applications.

372
00:20:42,970 --> 00:20:44,150
I'm here for two reasons.

373
00:20:44,150 --> 00:20:46,810
The first, as a
representative of RDA

374
00:20:46,810 --> 00:20:48,490
to express the support
of the rezoning

375
00:20:48,490 --> 00:20:51,490
and the property of the
property to the industrial use

376
00:20:51,490 --> 00:20:54,770
and for the digital
infrastructure overlay.

377
00:20:54,770 --> 00:20:57,850
The RDA is the economic
development agency for Emporia

378
00:20:57,850 --> 00:21:01,250
County and more particularly
promotes industrial development

379
00:21:01,250 --> 00:21:03,910
and is supportive of
approving these action items.

380
00:21:03,910 --> 00:21:08,410
Today, the RDA anticipates
a positive economic impacts

381
00:21:08,410 --> 00:21:11,930
to the community, job creation,
infrastructure development

382
00:21:11,930 --> 00:21:13,850
and new property taxes
created to lessen

383
00:21:13,850 --> 00:21:16,850
the burden on the existing
residents and business owners.

384
00:21:16,850 --> 00:21:19,210
The RDA promotes
this application

385
00:21:19,210 --> 00:21:21,930
and asks you to vote yes.

386
00:21:21,930 --> 00:21:25,170
I'm also here as a local
small business owner.

387
00:21:25,170 --> 00:21:27,360
I am cautiously
optimistic about this

388
00:21:27,360 --> 00:21:29,440
potential economic development.

389
00:21:29,440 --> 00:21:32,020
I've also spoken to
several local businesses,

390
00:21:32,020 --> 00:21:34,760
and they also
express their opinion

391
00:21:34,760 --> 00:21:36,880
to approve these action items.

392
00:21:36,880 --> 00:21:40,000
The local businesses want
and need the community

393
00:21:40,000 --> 00:21:42,300
to progress with
economic development,

394
00:21:42,300 --> 00:21:44,120
and want to see the
developers agreement

395
00:21:44,120 --> 00:21:46,600
and how that would
impact the community.

396
00:21:46,600 --> 00:21:50,480
Thank you for your time and
your patience in this matter.

397
00:21:50,480 --> 00:21:52,520
Please vote yes on these items.

398
00:21:52,520 --> 00:21:53,140
Thank you.

399
00:21:53,140 --> 00:21:56,560


400
00:21:56,560 --> 00:21:57,340
All right.

401
00:21:57,340 --> 00:22:00,000
That row.

402
00:22:00,000 --> 00:22:03,520
Yeah give me a.

403
00:22:03,520 --> 00:22:05,000
Back row.

404
00:22:05,000 --> 00:22:07,480
I know we're coming back.

405
00:22:07,480 --> 00:22:09,660
OK keep coming, keep coming.

406
00:22:09,660 --> 00:22:14,520
Charles Brown, 1310 Lawrence
Street in Emporia, Kansas.

407
00:22:14,520 --> 00:22:18,760
Garrett Pinkston changes his
rhetoric and his numbers often.

408
00:22:18,760 --> 00:22:21,160
He now claims in a
recent private meeting

409
00:22:21,160 --> 00:22:23,680
with the remaining land
and homeowners surrounding

410
00:22:23,680 --> 00:22:28,660
the rezones tracks that the
project will only bring 30 to 40

411
00:22:28,660 --> 00:22:30,860
permanent jobs to Emporia.

412
00:22:30,860 --> 00:22:35,340
This is retreating from his
earlier promises of 500 jobs

413
00:22:35,340 --> 00:22:38,100
and consistent with
all public data,

414
00:22:38,100 --> 00:22:41,240
hyperscale data centers
do not create jobs.

415
00:22:41,240 --> 00:22:44,260
They eliminate the
need for human jobs.

416
00:22:44,260 --> 00:22:46,240
Pinkston understands this.

417
00:22:46,240 --> 00:22:50,580
He says, quote, data centers
are like business centers.

418
00:22:50,580 --> 00:22:53,040
It just has machines
instead of people.

419
00:22:53,040 --> 00:22:54,160
He's right.

420
00:22:54,160 --> 00:22:57,860
Data centers are run
by AI and not people.

421
00:22:57,860 --> 00:23:01,100
These revelations collapse
the main rationale

422
00:23:01,100 --> 00:23:06,180
for supporting any data
center and local business.

423
00:23:06,180 --> 00:23:10,380
People have repeated
those 500 claims.

424
00:23:10,380 --> 00:23:14,100
Meanwhile, the city government
claims they are not supporting

425
00:23:14,100 --> 00:23:16,980
this project, but only
creating conditions

426
00:23:16,980 --> 00:23:19,200
for any similar project.

427
00:23:19,200 --> 00:23:22,850
This is not a model for
responsible city government.

428
00:23:22,850 --> 00:23:26,170
The Kansas reflector states
that a member of the planning

429
00:23:26,170 --> 00:23:30,210
commission justified their vote
to recommend city Commission's

430
00:23:30,210 --> 00:23:33,690
approval of today's issue,
because it would be at the city

431
00:23:33,690 --> 00:23:38,650
would be at risk for a lawsuit
without this recommendation.

432
00:23:38,650 --> 00:23:41,610
This is consistent with the
pattern of deep pocketed

433
00:23:41,610 --> 00:23:44,410
big tech industries
suing city governments

434
00:23:44,410 --> 00:23:46,610
that resist their demands.

435
00:23:46,610 --> 00:23:49,610
The Department of Justice
has labeled data centers

436
00:23:49,610 --> 00:23:52,390
as necessary for
national security,

437
00:23:52,390 --> 00:23:55,050
giving them unprecedented
federal protection

438
00:23:55,050 --> 00:23:57,890
from any legal
challenges to their lack

439
00:23:57,890 --> 00:24:01,130
of compliance with federal
or city regulations.

440
00:24:01,130 --> 00:24:04,450
And yet, city government
expresses confidence

441
00:24:04,450 --> 00:24:07,250
that they can accomplish what
no other community has been

442
00:24:07,250 --> 00:24:10,370
able to do to write
and enforce contracts

443
00:24:10,370 --> 00:24:12,450
that will save Emporia.

444
00:24:12,450 --> 00:24:13,530
Thank you.

445
00:24:13,530 --> 00:24:14,030
All right.

446
00:24:14,030 --> 00:24:18,090
Who is next on that rope.

447
00:24:18,090 --> 00:24:20,510
Nobody Nobody anybody
else on that rope.

448
00:24:20,510 --> 00:24:22,260
Road you're leading
the pack here.

449
00:24:22,260 --> 00:24:27,360


450
00:24:27,360 --> 00:24:30,500
Ralph Thomas, 1717
Lincoln Street,

451
00:24:30,500 --> 00:24:34,880
formerly 668 road
190 for 27 years.

452
00:24:34,880 --> 00:24:37,440
I'm opposed to the data center.

453
00:24:37,440 --> 00:24:41,860
I supported the opposition,
signed the opposition petition,

454
00:24:41,860 --> 00:24:45,300
which will ban it or
go to a Citywide vote,

455
00:24:45,300 --> 00:24:48,720
which I feel like should
be a countywide vote.

456
00:24:48,720 --> 00:24:51,680
I'm sorry for the job
losses in Emporia.

457
00:24:51,680 --> 00:24:54,200
I'm concerned about
them, too, but I

458
00:24:54,200 --> 00:24:56,160
don't think we should
be taking something

459
00:24:56,160 --> 00:24:58,260
that no other community wants.

460
00:24:58,260 --> 00:25:01,320
They put Europe year
moratoriums on them.

461
00:25:01,320 --> 00:25:03,680
This makes no
sense to me to take

462
00:25:03,680 --> 00:25:09,880
acres of ground, to create 5,000
jobs, or whatever is promised.

463
00:25:09,880 --> 00:25:15,800
If the location had been out by
the Everjoy center at 200 and S,

464
00:25:15,800 --> 00:25:20,680
maybe with a good developer
involved in no secrecy.

465
00:25:20,680 --> 00:25:24,060
I think I would be
more in favor of this.

466
00:25:24,060 --> 00:25:30,460
I'm opposed to tracks 1, 2, 3, 4
going from AG to industrial use.

467
00:25:30,460 --> 00:25:36,080
This puts road F5 on an island,
and if this does not go forward,

468
00:25:36,080 --> 00:25:40,040
that should not be zoned
industrial tract 11.

469
00:25:40,040 --> 00:25:43,760
That Scott peak owns that
should be left for housing.

470
00:25:43,760 --> 00:25:46,340
We've approved the
Cedar Creek development.

471
00:25:46,340 --> 00:25:49,020
I don't know what they're going
to think if they get a data

472
00:25:49,020 --> 00:25:50,640
center right behind them.

473
00:25:50,640 --> 00:25:53,420
How they going to sell lots.

474
00:25:53,420 --> 00:25:57,280
I'm not opposed to tract 8,
9 or 10 going industrial.

475
00:25:57,280 --> 00:26:02,100
If Mr. Smoot doesn't think he
needs more room for expansion.

476
00:26:02,100 --> 00:26:05,220
And his tract on the
South side of highway 50,

477
00:26:05,220 --> 00:26:09,020
and I talked to Sam Shealy
about 2/3 of that's not

478
00:26:09,020 --> 00:26:10,460
in the floodplain.

479
00:26:10,460 --> 00:26:13,900
Kim Hollins a lot of
that's in the floodplain.

480
00:26:13,900 --> 00:26:16,340
I just don't feel like
the city government has

481
00:26:16,340 --> 00:26:19,970
the ability to work and
stand up to these billionaire

482
00:26:19,970 --> 00:26:22,130
corporations.

483
00:26:22,130 --> 00:26:25,610
And I think Pryor, Oklahoma
was not used as a good example

484
00:26:25,610 --> 00:26:27,270
of what we're looking at here.

485
00:26:27,270 --> 00:26:30,550
They're already putting an
opposition petition on that.

486
00:26:30,550 --> 00:26:33,650


487
00:26:33,650 --> 00:26:41,570
Steve look, I warned you,
we're going to try and get

488
00:26:41,570 --> 00:26:43,850
through this efficiently.

489
00:26:43,850 --> 00:26:47,630
So every time somebody starts
popping and hooting, hollering,

490
00:26:47,630 --> 00:26:49,370
that puts us behind
even farther.

491
00:26:49,370 --> 00:26:51,530
So who's up next, Chief.

492
00:26:51,530 --> 00:26:54,090
Is there, done with public
comment in that room.

493
00:26:54,090 --> 00:26:55,190
Yeah could we.

494
00:26:55,190 --> 00:26:58,530
Back row Start back row.

495
00:26:58,530 --> 00:26:59,390
Looks like they're done.

496
00:26:59,390 --> 00:27:02,170


497
00:27:02,170 --> 00:27:03,610
Becky would be too nasty.

498
00:27:03,610 --> 00:27:04,990
I'm trying to be nice.

499
00:27:04,990 --> 00:27:09,490


500
00:27:09,490 --> 00:27:10,910
Hello, I'm Ty Gorman.

501
00:27:10,910 --> 00:27:13,870
I'm with the Sierra Club
national Sierra Club.

502
00:27:13,870 --> 00:27:16,990
I represent 18,000 10,000
supporters in Kansas, as well

503
00:27:16,990 --> 00:27:18,910
as hundreds in Lyon County.

504
00:27:18,910 --> 00:27:23,830
And, I'm here to talk about some
of the issues with data centers

505
00:27:23,830 --> 00:27:25,670
that we're facing
around the country.

506
00:27:25,670 --> 00:27:29,470
I work with mainly
the energy issues

507
00:27:29,470 --> 00:27:32,510
that data centers present.

508
00:27:32,510 --> 00:27:36,470
I understand that we're well,
we are working with a coalition

509
00:27:36,470 --> 00:27:40,790
that is trying to make sure
that there is transparency,

510
00:27:40,790 --> 00:27:44,830
that there is meaningful public
input, that there is water

511
00:27:44,830 --> 00:27:49,150
protection, that includes,
insurance of closed loop systems

512
00:27:49,150 --> 00:27:52,150
and making sure that there
is no pollutants going

513
00:27:52,150 --> 00:27:55,830
into the groundwater from
these facilities, this kind

514
00:27:55,830 --> 00:27:59,290
of meaningful community
participation,

515
00:27:59,290 --> 00:28:01,190
before making a
decision that allows

516
00:28:01,190 --> 00:28:02,870
a data center to move
forward with the development

517
00:28:02,870 --> 00:28:04,230
is very important.

518
00:28:04,230 --> 00:28:06,710
I have submitted and
will submit to those

519
00:28:06,710 --> 00:28:09,330
who haven't gotten it a letter
with all of these details.

520
00:28:09,330 --> 00:28:14,100
I want to spend my last
minute talking about the power

521
00:28:14,100 --> 00:28:16,540
right now, the
Trump administration

522
00:28:16,540 --> 00:28:21,900
is trying to pass a regulation
that would remove any guardrails

523
00:28:21,900 --> 00:28:25,260
on point source pollution,
diesel generators, gas

524
00:28:25,260 --> 00:28:27,240
generators on site
at data centers.

525
00:28:27,240 --> 00:28:30,580
I'm testifying against it
later today with the EPA.

526
00:28:30,580 --> 00:28:33,600
This means that I mean, in other
data centers around the country,

527
00:28:33,600 --> 00:28:36,320
there's 500 diesel generators
being put at these sites,

528
00:28:36,320 --> 00:28:39,240
pumping deadly
pollutants into the air.

529
00:28:39,240 --> 00:28:42,760
The community is causing
heart issues childhood asthma,

530
00:28:42,760 --> 00:28:45,980
premature deaths,
the or gas turbines

531
00:28:45,980 --> 00:28:47,680
doing the same thing
in Memphis, Tennessee.

532
00:28:47,680 --> 00:28:52,780
With these pollutants, there
has to be guardrails put on

533
00:28:52,780 --> 00:28:54,660
at the local level because
no one else is doing it

534
00:28:54,660 --> 00:28:56,660
at the state or federal level
to make sure that we're not

535
00:28:56,660 --> 00:28:59,220
poisoning our communities, to
make sure that these facilities

536
00:28:59,220 --> 00:29:01,100
are bringing their
own clean energy

537
00:29:01,100 --> 00:29:03,420
and that they're held
accountable for that

538
00:29:03,420 --> 00:29:05,900
before they get passed
these local government

539
00:29:05,900 --> 00:29:07,620
stages of the process.

540
00:29:07,620 --> 00:29:09,580
So thank you for
not approving this

541
00:29:09,580 --> 00:29:11,160
without those considerations.

542
00:29:11,160 --> 00:29:12,560
Thank you.

543
00:29:12,560 --> 00:29:13,100
All right.

544
00:29:13,100 --> 00:29:19,080


545
00:29:19,080 --> 00:29:21,080
I got you something.

546
00:29:21,080 --> 00:29:24,160
Oh, no.

547
00:29:24,160 --> 00:29:27,520
I'd say the first
thing is up here.

548
00:29:27,520 --> 00:29:30,620
Yeah now he needs to
get out the other end.

549
00:29:30,620 --> 00:29:34,480
OK my name is Leslie Smith, and
I live at 9:15 Neosho street.

550
00:29:34,480 --> 00:29:36,720
For the past 39
days, many citizens

551
00:29:36,720 --> 00:29:39,120
have shown up to share their
feelings, research, and pleas

552
00:29:39,120 --> 00:29:42,760
with you to stop approving the
next step of the 37 step process

553
00:29:42,760 --> 00:29:45,300
to allow the data campus
to be built in Emporia.

554
00:29:45,300 --> 00:29:47,640
I'm here again as one
of the many who are

555
00:29:47,640 --> 00:29:49,760
asking you to hear us again.

556
00:29:49,760 --> 00:29:51,960
In light of the apparent
misconduct at best

557
00:29:51,960 --> 00:29:54,040
brought to our town by
the possibly is possibly

558
00:29:54,040 --> 00:29:56,340
isn't developer Gary Kingston.

559
00:29:56,340 --> 00:29:59,380
It seems many of us were right
to be suspicious and concerned.

560
00:29:59,380 --> 00:30:02,120
Now, not only do we have the
concern of a 1,000 acre data

561
00:30:02,120 --> 00:30:04,500
campus and all the
ills that come with it,

562
00:30:04,500 --> 00:30:06,760
but we have the concern of our
town possibly doing business

563
00:30:06,760 --> 00:30:09,560
with a man who appears to
have a questionable reputation

564
00:30:09,560 --> 00:30:12,070
and dubious business
ethics if Pinkston truly

565
00:30:12,070 --> 00:30:15,250
isn't the developer, contrary to
what he has previously stated,

566
00:30:15,250 --> 00:30:17,730
and it really is his daughters
who live out of state.

567
00:30:17,730 --> 00:30:19,830
Does this seem like a man we
can trust to be the president

568
00:30:19,830 --> 00:30:21,630
of their organization.

569
00:30:21,630 --> 00:30:24,750
Also, when are we going to
hear from his daughters.

570
00:30:24,750 --> 00:30:27,810
Even if you ignore our concerns
about the environment, energy,

571
00:30:27,810 --> 00:30:30,350
uses, pollution, et
cetera, et cetera,

572
00:30:30,350 --> 00:30:32,450
as well as the impact
on our community,

573
00:30:32,450 --> 00:30:34,550
it would be a foolish mistake
to do business with such

574
00:30:34,550 --> 00:30:35,970
a dubious organization.

575
00:30:35,970 --> 00:30:39,130
I hope you can see that
in my research about dyos,

576
00:30:39,130 --> 00:30:41,630
I read that all city policies
should be completed and in place

577
00:30:41,630 --> 00:30:43,750
prior to implementing a dio.

578
00:30:43,750 --> 00:30:46,910
That makes me think that you
shouldn't approve the dio today,

579
00:30:46,910 --> 00:30:48,830
with this latest incident
from the developer

580
00:30:48,830 --> 00:30:51,490
and the continued concerns
presented to you by Citizens.

581
00:30:51,490 --> 00:30:54,870
I respectfully ask you to put a
minimum of a one year moratorium

582
00:30:54,870 --> 00:30:56,770
on approving a data
center in our town.

583
00:30:56,770 --> 00:30:58,830
This will give you time to
put thorough and fine tuned

584
00:30:58,830 --> 00:31:00,090
policies in place.

585
00:31:00,090 --> 00:31:01,510
If you're unwilling
to do that, I

586
00:31:01,510 --> 00:31:04,350
ask you to vote no on the
rezoning and DO issues

587
00:31:04,350 --> 00:31:05,630
on the agenda today.

588
00:31:05,630 --> 00:31:07,550
I will.

589
00:31:07,550 --> 00:31:10,490
OK two things that a proposed
data center would progress

590
00:31:10,490 --> 00:31:12,570
with such speed through the
slow and deliberate machinery

591
00:31:12,570 --> 00:31:15,330
of a municipal government, is
alarming that the proposal could

592
00:31:15,330 --> 00:31:18,370
advance while the true owners
and developers, whoever they may

593
00:31:18,370 --> 00:31:20,970
be, are shielded by the
secrecy of limited liability

594
00:31:20,970 --> 00:31:22,430
companies is outrageous.

595
00:31:22,430 --> 00:31:24,770
That's from Max
McCoy, and the time

596
00:31:24,770 --> 00:31:27,210
you're spending on a traffic
study for a coffee shop

597
00:31:27,210 --> 00:31:29,270
proves you can slow
down the process.

598
00:31:29,270 --> 00:31:35,130


599
00:31:35,130 --> 00:31:37,910
If you want to keep clapping,
we'll have to just remove you.

600
00:31:37,910 --> 00:31:39,470
You'll have to go
watch sometime.

601
00:31:39,470 --> 00:31:42,770
Sorry I didn't get
your final one.

602
00:31:42,770 --> 00:31:43,430
Thank you.

603
00:31:43,430 --> 00:31:45,210
It finally dawned on me.

604
00:31:45,210 --> 00:31:46,650
Y'all don't care
how many statistics

605
00:31:46,650 --> 00:31:48,290
or examples we show y'all.

606
00:31:48,290 --> 00:31:50,030
Y'all don't care how
much we've shown you.

607
00:31:50,030 --> 00:31:52,570
How much we love this city, how
much we love the environment

608
00:31:52,570 --> 00:31:54,650
that surrounds it,
and how much we

609
00:31:54,650 --> 00:31:58,570
don't want another huge,
soulless building amongst us.

610
00:31:58,570 --> 00:32:00,770
You are our
representatives, so why

611
00:32:00,770 --> 00:32:03,290
don't you want to represent us.

612
00:32:03,290 --> 00:32:05,650
Maybe y'all just defer
to Trey because he's not

613
00:32:05,650 --> 00:32:07,800
paid pennies to do what.

614
00:32:07,800 --> 00:32:09,440
Do this work.

615
00:32:09,440 --> 00:32:11,160
But maybe the city
manager doesn't

616
00:32:11,160 --> 00:32:14,880
see himself as a public
servant since he's appointed.

617
00:32:14,880 --> 00:32:18,200
We don't need someone sitting
around soaking up $200,000

618
00:32:18,200 --> 00:32:21,260
a year to tell us it's
this project or nothing,

619
00:32:21,260 --> 00:32:25,560
and that Pinkston's financial
woes are a non-issue.

620
00:32:25,560 --> 00:32:28,520
How is it a non-issue if you're
trying to put our town in bed

621
00:32:28,520 --> 00:32:31,320
with someone who owes
people millions of dollars

622
00:32:31,320 --> 00:32:33,720
and is apparently bankrupt.

623
00:32:33,720 --> 00:32:36,680
Trey says he can't
speak to why Pinkston

624
00:32:36,680 --> 00:32:39,840
is portraying himself as a
spokesperson and developer.

625
00:32:39,840 --> 00:32:42,040
Well, what can you speak to.

626
00:32:42,040 --> 00:32:46,380
He said, if you say no to a
project of this magnitude,

627
00:32:46,380 --> 00:32:48,120
nobody else is coming.

628
00:32:48,120 --> 00:32:49,920
And what Trey
really means by that

629
00:32:49,920 --> 00:32:53,660
is if we don't allow this
project to move forward,

630
00:32:53,660 --> 00:32:56,240
he's going to stop trying.

631
00:32:56,240 --> 00:32:59,920
Does this sound like a person
who should be managing our city.

632
00:32:59,920 --> 00:33:01,280
We don't think so.

633
00:33:01,280 --> 00:33:03,520
We think that we need
to completely revamp

634
00:33:03,520 --> 00:33:05,200
our local government
because obviously

635
00:33:05,200 --> 00:33:06,860
it's not working for us.

636
00:33:06,860 --> 00:33:09,600
We, the people deserve
to say, deserve a say.

637
00:33:09,600 --> 00:33:12,180
And the people deserve to know
why our tax dollars are being

638
00:33:12,180 --> 00:33:14,700
squandered on people who
don't feel obligated to owe us

639
00:33:14,700 --> 00:33:16,300
an explanation.

640
00:33:16,300 --> 00:33:18,620
Trey has been a city
manager since 2021

641
00:33:18,620 --> 00:33:20,540
and I think it's
time for a change.

642
00:33:20,540 --> 00:33:23,860
I call for the removal or
resignation of Trey cocking

643
00:33:23,860 --> 00:33:27,400
for his defeatist attitude,
his misuse of taxpayer money,

644
00:33:27,400 --> 00:33:29,900
and for his overall lack of
caring about the people who pay

645
00:33:29,900 --> 00:33:32,040
his Bills and poor neighbors.

646
00:33:32,040 --> 00:33:35,300
United have three petitions to
restructure our city government

647
00:33:35,300 --> 00:33:37,300
and change how empty
petitions are filled

648
00:33:37,300 --> 00:33:39,340
or positions are filled.

649
00:33:39,340 --> 00:33:41,540
So please hit up
Emporia neighbors United

650
00:33:41,540 --> 00:33:43,260
if you'd like to sign that,
I would love all of you

651
00:33:43,260 --> 00:33:45,060
to sign it.

652
00:33:45,060 --> 00:33:46,500
Thank you.

653
00:33:46,500 --> 00:33:48,300
All right.

654
00:33:48,300 --> 00:33:48,800
All right.

655
00:33:48,800 --> 00:33:52,260


656
00:33:52,260 --> 00:33:55,180
Is there somebody
you would like.

657
00:33:55,180 --> 00:33:56,500
No Who's next.

658
00:33:56,500 --> 00:33:59,300
OK are you next.

659
00:33:59,300 --> 00:34:00,000
Back row.

660
00:34:00,000 --> 00:34:04,410


661
00:34:04,410 --> 00:34:05,850
Front row here.

662
00:34:05,850 --> 00:34:07,050
Oh, wait a minute.

663
00:34:07,050 --> 00:34:07,550
That's right.

664
00:34:07,550 --> 00:34:08,429
One can be on deck.

665
00:34:08,429 --> 00:34:09,010
Go ahead.

666
00:34:09,010 --> 00:34:09,510
Go ahead.

667
00:34:09,510 --> 00:34:10,130
Go ahead.

668
00:34:10,130 --> 00:34:10,630
Go ahead.

669
00:34:10,630 --> 00:34:15,449


670
00:34:15,449 --> 00:34:17,590
Natalie Duncan, 639.

671
00:34:17,590 --> 00:34:23,690
Washington I am vehemently
opposed to rezoning

672
00:34:23,690 --> 00:34:26,050
those properties to the dio.

673
00:34:26,050 --> 00:34:30,650
I do not want any
shape, or form of a data

674
00:34:30,650 --> 00:34:33,830
center or battery center or
anything on that property.

675
00:34:33,830 --> 00:34:37,330
I want to conserve nature.

676
00:34:37,330 --> 00:34:42,850
I do not want all of the
secrecy and lack of information

677
00:34:42,850 --> 00:34:44,070
that we have been getting.

678
00:34:44,070 --> 00:34:47,489
I want more information
on what people are basing

679
00:34:47,489 --> 00:34:52,449
in the city their decisions on.

680
00:34:52,449 --> 00:34:53,830
I do not want.

681
00:34:53,830 --> 00:34:56,770


682
00:34:56,770 --> 00:35:03,920
Large money entities
corrupting our city with things

683
00:35:03,920 --> 00:35:08,160
that we do not want.

684
00:35:08,160 --> 00:35:09,420
I don't have anything else.

685
00:35:09,420 --> 00:35:10,460
I didn't come prepared.

686
00:35:10,460 --> 00:35:12,100
I just wanted my thoughts.

687
00:35:12,100 --> 00:35:13,480
No thank you.

688
00:35:13,480 --> 00:35:13,980
All right.

689
00:35:13,980 --> 00:35:26,780
Last one back there.

690
00:35:26,780 --> 00:35:28,300
And I think we're
coming to the front row.

691
00:35:28,300 --> 00:35:34,320


692
00:35:34,320 --> 00:35:35,380
For everybody, please.

693
00:35:35,380 --> 00:35:38,400


694
00:35:38,400 --> 00:35:41,320
I'm Erica Martin,
1423 State Street.

695
00:35:41,320 --> 00:35:43,640
With a population
of less than 12.7

696
00:35:43,640 --> 00:35:46,620
people per square mile and
few man made structures.

697
00:35:46,620 --> 00:35:49,380
Visitors commonly spot
Hawks, songbirds, deer,

698
00:35:49,380 --> 00:35:51,080
coyotes in the Flint hills.

699
00:35:51,080 --> 00:35:53,000
This quote is from
visit Emporia on what

700
00:35:53,000 --> 00:35:55,400
brings people to Emporia.

701
00:35:55,400 --> 00:35:57,980
The proposed rezoning
replaces soil with pavement,

702
00:35:57,980 --> 00:35:59,680
increasing runoff to streams.

703
00:35:59,680 --> 00:36:02,740
Engineering can try to mitigate
the runoff caused by impervious

704
00:36:02,740 --> 00:36:05,460
surfaces, but you cannot
afford to engineer the rate

705
00:36:05,460 --> 00:36:07,460
of water infiltration
that soil and plants

706
00:36:07,460 --> 00:36:10,060
already do for us for free.

707
00:36:10,060 --> 00:36:12,940
Emporia is situated between
the Cottonwood and Neosho.

708
00:36:12,940 --> 00:36:15,720
Both rivers are documented
range of the Neosho madtom,

709
00:36:15,720 --> 00:36:18,020
a small catfish listed as
threatened under the Endangered

710
00:36:18,020 --> 00:36:19,260
Species Act.

711
00:36:19,260 --> 00:36:22,560
I take people of all ages to
our prairie and our streams.

712
00:36:22,560 --> 00:36:26,180
It is amazing what
we have right here.

713
00:36:26,180 --> 00:36:27,740
When you remove
the natural system

714
00:36:27,740 --> 00:36:29,520
that helps maintain
water quality,

715
00:36:29,520 --> 00:36:31,060
you end up paying for it.

716
00:36:31,060 --> 00:36:33,500
Exact values vary by
region, but these services

717
00:36:33,500 --> 00:36:35,860
include water purification,
flood control, and carbon

718
00:36:35,860 --> 00:36:38,340
sequestration, and
yield economic benefits

719
00:36:38,340 --> 00:36:39,980
that consistently
exceed the cost

720
00:36:39,980 --> 00:36:42,500
of any anthropogenic solutions.

721
00:36:42,500 --> 00:36:45,080
The current tracks are not
untouched tallgrass prairie,

722
00:36:45,080 --> 00:36:47,200
but they are also not
impervious concrete.

723
00:36:47,200 --> 00:36:48,820
They are somewhere in between.

724
00:36:48,820 --> 00:36:51,640
This rezoning, which may
result in a data center,

725
00:36:51,640 --> 00:36:54,700
doesn't destroy manufacturing
jobs or the University,

726
00:36:54,700 --> 00:36:56,500
but it does directly
threaten the one

727
00:36:56,500 --> 00:36:58,820
economic asset that
can never be rebuilt

728
00:36:58,820 --> 00:37:01,330
once it's paved our prairie.

729
00:37:01,330 --> 00:37:03,970
When visitors come here,
would you take them on a tour

730
00:37:03,970 --> 00:37:05,330
of the city and the County.

731
00:37:05,330 --> 00:37:08,050
Would your tour include
a 1,000 acre data center.

732
00:37:08,050 --> 00:37:10,370
I ask that the city
adopts a dio framework

733
00:37:10,370 --> 00:37:12,230
with strict
environmental conditions,

734
00:37:12,230 --> 00:37:15,490
but deny rezoning of these
particular 11 tracts.

735
00:37:15,490 --> 00:37:19,130
I also suggest a one year
moratorium on data centers.

736
00:37:19,130 --> 00:37:20,190
Aldo Leopold.

737
00:37:20,190 --> 00:37:22,210
Leopold said a
thing is right when

738
00:37:22,210 --> 00:37:24,930
it tends to preserve the
integrity, stability, and beauty

739
00:37:24,930 --> 00:37:26,570
of the biotic community.

740
00:37:26,570 --> 00:37:28,650
It is wrong when
it tends otherwise.

741
00:37:28,650 --> 00:37:31,010
And I say nobody
likes dying wishes,

742
00:37:31,010 --> 00:37:34,050
wishing they'd spent more
time surrounded by concrete.

743
00:37:34,050 --> 00:37:37,450
The packets that you have
are eight different articles

744
00:37:37,450 --> 00:37:39,210
discussing the
heat island effect

745
00:37:39,210 --> 00:37:42,030
and runoff concerns for the
rivers and streams here.

746
00:37:42,030 --> 00:37:42,830
Thank you.

747
00:37:42,830 --> 00:37:48,890


748
00:37:48,890 --> 00:37:50,610
Edgar 1106 Neosho.

749
00:37:50,610 --> 00:37:52,090
I'm here to ask you
to not move forward

750
00:37:52,090 --> 00:37:55,210
with the recommended rezoning of
agricultural land to industrial.

751
00:37:55,210 --> 00:37:57,230
As that goes against
the comprehensive plan,

752
00:37:57,230 --> 00:37:59,430
agricultural land should
stay AG because that's

753
00:37:59,430 --> 00:38:00,610
what the people ask for.

754
00:38:00,610 --> 00:38:01,870
Just like the people
have repeatedly

755
00:38:01,870 --> 00:38:05,170
asked you to stop this process
because if it looks like a scam,

756
00:38:05,170 --> 00:38:07,790
sounds like a scam, then
it's probably a scam.

757
00:38:07,790 --> 00:38:09,370
I don't even know what
to say at this point.

758
00:38:09,370 --> 00:38:11,410
I feel like I'm in an M
Night Shyamalan movie,

759
00:38:11,410 --> 00:38:14,190
except it's terrible and
the plot twists keep coming.

760
00:38:14,190 --> 00:38:16,490
I knew everything in the
developer's website were lies,

761
00:38:16,490 --> 00:38:19,190
but I never dreamed he
would confirm it himself

762
00:38:19,190 --> 00:38:20,670
in testimony under oath.

763
00:38:20,670 --> 00:38:22,610
Now, I don't believe a damn
thing about this project,

764
00:38:22,610 --> 00:38:25,310
and I distrust anything that
has to do with the sham.

765
00:38:25,310 --> 00:38:26,770
From looking at the
developer's history,

766
00:38:26,770 --> 00:38:29,750
his Mo seems to be go where no
one wants you force your will

767
00:38:29,750 --> 00:38:32,050
on the locals, destroy
natural resources,

768
00:38:32,050 --> 00:38:33,670
and run away when
things get bad.

769
00:38:33,670 --> 00:38:35,530
The demand for AI
also isn't there,

770
00:38:35,530 --> 00:38:38,010
despite what the companies
pushing AI are telling you.

771
00:38:38,010 --> 00:38:40,150
It is estimated that 5%
to 10% of the population

772
00:38:40,150 --> 00:38:41,790
actually uses AI regularly.

773
00:38:41,790 --> 00:38:44,190
It is not the next utility
they are claiming it to be.

774
00:38:44,190 --> 00:38:47,430
The reality is that big tech
have overextended themselves

775
00:38:47,430 --> 00:38:50,670
and now this is their
investors want a return.

776
00:38:50,670 --> 00:38:52,370
But AI isn't making any money.

777
00:38:52,370 --> 00:38:54,670
This data center boom is a
Hail Mary effort to get us

778
00:38:54,670 --> 00:38:56,090
all to pay for their bailouts.

779
00:38:56,090 --> 00:38:57,300
They should be
reminded that no one

780
00:38:57,300 --> 00:38:58,660
asked for them to
train their models

781
00:38:58,660 --> 00:39:00,220
on all of human knowledge.

782
00:39:00,220 --> 00:39:02,260
We should tell them that
no one asked for them

783
00:39:02,260 --> 00:39:04,200
to hoard all our personal data.

784
00:39:04,200 --> 00:39:06,160
No one asked for them to make
technology so inefficient.

785
00:39:06,160 --> 00:39:08,200
It requires millions of
gallons of water to run.

786
00:39:08,200 --> 00:39:10,180
These data centers
don't need our water.

787
00:39:10,180 --> 00:39:12,380
We must let them pick themselves
up by their bootstraps

788
00:39:12,380 --> 00:39:13,580
or burn down.

789
00:39:13,580 --> 00:39:15,420
Inefficient large
language models are also

790
00:39:15,420 --> 00:39:17,000
not artificial intelligence.

791
00:39:17,000 --> 00:39:19,060
They are pattern recognition
machines that guess

792
00:39:19,060 --> 00:39:20,740
nothing intelligent about them.

793
00:39:20,740 --> 00:39:23,260
This technology could have been
useful to make our lives better

794
00:39:23,260 --> 00:39:26,540
overall, but instead it's being
used to farm attention, build

795
00:39:26,540 --> 00:39:29,120
flawed autonomous Murder
machines, surveil people,

796
00:39:29,120 --> 00:39:30,440
and destroy the environment.

797
00:39:30,440 --> 00:39:31,520
We don't need that now.

798
00:39:31,520 --> 00:39:32,900
We don't need that ever.

799
00:39:32,900 --> 00:39:36,600
Because the only data centers
we need are libraries.

800
00:39:36,600 --> 00:39:38,440
And we have a few
in town already,

801
00:39:38,440 --> 00:39:40,740
so please do not proceed with
the recommended rezoning.

802
00:39:40,740 --> 00:39:43,360
I do believe the dio needs
more protections in it,

803
00:39:43,360 --> 00:39:45,373
but if you must pass
something, pass that.

804
00:39:45,373 --> 00:39:46,740
But there are many
items should be tabled

805
00:39:46,740 --> 00:39:48,220
at least until the
petition process has

806
00:39:48,220 --> 00:39:50,780
concluded, but tailor them
telling them permanently

807
00:39:50,780 --> 00:39:52,300
would be much better.

808
00:39:52,300 --> 00:39:54,160
Yes, we are yet.

809
00:39:54,160 --> 00:39:57,320


810
00:39:57,320 --> 00:39:58,460
That's something again.

811
00:39:58,460 --> 00:40:00,100
I'm getting reminders
from our commissioners.

812
00:40:00,100 --> 00:40:01,700
You have been warned
on the clapping.

813
00:40:01,700 --> 00:40:04,400
So moving forward.

814
00:40:04,400 --> 00:40:06,620
Yeah my name is Leah Green.

815
00:40:06,620 --> 00:40:08,080
I know you guys know me.

816
00:40:08,080 --> 00:40:12,200
As I started to write
out a statement for today

817
00:40:12,200 --> 00:40:13,600
and looked at the
whirlwind of what

818
00:40:13,600 --> 00:40:16,640
has been the past few
weeks since June 2.

819
00:40:16,640 --> 00:40:19,880
One thing stood out to me
this should not be a people

820
00:40:19,880 --> 00:40:22,440
versus a commission situation.

821
00:40:22,440 --> 00:40:24,380
I don't want to hate
my commissioners.

822
00:40:24,380 --> 00:40:26,360
I don't want to hate my leaders.

823
00:40:26,360 --> 00:40:28,600
I want to work with you.

824
00:40:28,600 --> 00:40:32,120
I want to help, and I want to
do what's best for Emporia.

825
00:40:32,120 --> 00:40:33,560
We all do.

826
00:40:33,560 --> 00:40:35,520
That's why we're here.

827
00:40:35,520 --> 00:40:39,080
The city has repeatedly said
that they welcome public input.

828
00:40:39,080 --> 00:40:41,600
This is public input.

829
00:40:41,600 --> 00:40:45,480
The petition is public
input for your neighbors.

830
00:40:45,480 --> 00:40:48,600
We represent over 1,800 people.

831
00:40:48,600 --> 00:40:50,560
To put that in
perspective, Aaron

832
00:40:50,560 --> 00:40:52,680
received the most votes
out of any commissioner

833
00:40:52,680 --> 00:40:56,110
and he received 1746.

834
00:40:56,110 --> 00:40:59,270
So everyone coming before you
today represents as many people

835
00:40:59,270 --> 00:41:01,830
as you have votes or more.

836
00:41:01,830 --> 00:41:05,790
I believe it's time to come
together as a community.

837
00:41:05,790 --> 00:41:08,710
And I'd like to
offer up a prayer.

838
00:41:08,710 --> 00:41:09,790
If I could.

839
00:41:09,790 --> 00:41:11,530
And I'd ask, maybe
you mute the timer.

840
00:41:11,530 --> 00:41:12,730
Just no.

841
00:41:12,730 --> 00:41:14,710
All right.

842
00:41:14,710 --> 00:41:16,350
Dear Jesus, your
word says you don't

843
00:41:16,350 --> 00:41:18,350
give us a spirit of
fear, but of power

844
00:41:18,350 --> 00:41:20,390
and of love and a sound mind.

845
00:41:20,390 --> 00:41:23,230
Today I come to you on behalf
of the city of Emporia.

846
00:41:23,230 --> 00:41:24,950
And I pray that your
power and your spirit

847
00:41:24,950 --> 00:41:28,710
will be felt in the hearts
of all that are here.

848
00:41:28,710 --> 00:41:30,890
I pray that you will
surround us in your love.

849
00:41:30,890 --> 00:41:33,850
I pray for every
leader that is here.

850
00:41:33,850 --> 00:41:36,690
Lord, I pray for Taylor,
and for Christina,

851
00:41:36,690 --> 00:41:39,030
and for Carey and
Trey and Monica

852
00:41:39,030 --> 00:41:42,610
and Aaron and Tammy
and Kurt and Becky.

853
00:41:42,610 --> 00:41:44,950
Lord Jesus, I pray that
you will give them wisdom.

854
00:41:44,950 --> 00:41:46,710
I pray that you
will open their eyes

855
00:41:46,710 --> 00:41:48,370
to see what's in front of them.

856
00:41:48,370 --> 00:41:50,330
I pray for unity
in our community.

857
00:41:50,330 --> 00:41:52,570
I thank you, Lord Jesus.

858
00:41:52,570 --> 00:41:54,470
For the people that you
have brought into my life.

859
00:41:54,470 --> 00:41:56,930
For the connections
that I have made.

860
00:41:56,930 --> 00:42:00,050
And Lord, I just pray that
you will protect Emporia,

861
00:42:00,050 --> 00:42:01,450
that you will put your
hedge of protection

862
00:42:01,450 --> 00:42:03,650
over this land, Lord Jesus.

863
00:42:03,650 --> 00:42:07,350
I just pray that you know
the outcome of all of this.

864
00:42:07,350 --> 00:42:09,570
Lord we know that
it is in your hands

865
00:42:09,570 --> 00:42:11,270
and we trust you with our city.

866
00:42:11,270 --> 00:42:12,890
In Jesus's name, amen.

867
00:42:12,890 --> 00:42:14,470
Amen all right.

868
00:42:14,470 --> 00:42:19,330


869
00:42:19,330 --> 00:42:21,890
Good afternoon.

870
00:42:21,890 --> 00:42:24,250
The rezoning authorizes
the developer

871
00:42:24,250 --> 00:42:26,130
to do work on the properties.

872
00:42:26,130 --> 00:42:27,450
Oh, sorry.

873
00:42:27,450 --> 00:42:29,370
My name is Anna DeLong.

874
00:42:29,370 --> 00:42:31,050
The rezoning authorizes
the developer

875
00:42:31,050 --> 00:42:32,810
to do work on the
properties once they

876
00:42:32,810 --> 00:42:34,830
so much as install a hydrant.

877
00:42:34,830 --> 00:42:36,390
That is an investment made.

878
00:42:36,390 --> 00:42:39,650
After that point, it is
too late for a moratorium.

879
00:42:39,650 --> 00:42:41,290
The developer knows this.

880
00:42:41,290 --> 00:42:43,210
Do you know this.

881
00:42:43,210 --> 00:42:44,890
This now.

882
00:42:44,890 --> 00:42:46,870
I asked Kurt for a moratorium.

883
00:42:46,870 --> 00:42:49,250
Twice Monica has been asked.

884
00:42:49,250 --> 00:42:51,280
Aaron has been asked.

885
00:42:51,280 --> 00:42:55,120
I mentioned to Becky Smith and
Casey woods told me that it

886
00:42:55,120 --> 00:42:57,240
cannot happen until
there is a developer

887
00:42:57,240 --> 00:42:58,540
agreement on the table.

888
00:42:58,540 --> 00:43:00,440
I don't believe that is true.

889
00:43:00,440 --> 00:43:04,120
If you approve the rezoning
today, it is too late.

890
00:43:04,120 --> 00:43:05,640
Delay this.

891
00:43:05,640 --> 00:43:08,860
There is an ordinance ballot
petition out for November.

892
00:43:08,860 --> 00:43:10,400
Please let us vote.

893
00:43:10,400 --> 00:43:11,860
The delay is not sufficient.

894
00:43:11,860 --> 00:43:13,660
It is full of
permissive may language.

895
00:43:13,660 --> 00:43:14,880
We're told the
developer agreement

896
00:43:14,880 --> 00:43:16,300
will address the issues.

897
00:43:16,300 --> 00:43:18,260
A dio can address these issues.

898
00:43:18,260 --> 00:43:20,520
It can absolutely be 40 pages.

899
00:43:20,520 --> 00:43:22,940
It should read like
a utility agreement.

900
00:43:22,940 --> 00:43:24,840
The developer
should expect this.

901
00:43:24,840 --> 00:43:29,320
Please send it back
to zoning for review.

902
00:43:29,320 --> 00:43:30,380
Back to the rezoning.

903
00:43:30,380 --> 00:43:31,220
It's unreasonable.

904
00:43:31,220 --> 00:43:34,520
It does not support
our comprehensive plan.

905
00:43:34,520 --> 00:43:36,200
If you would like to
approve it, the plan

906
00:43:36,200 --> 00:43:39,440
itself must be amended
with a 20% vote of support

907
00:43:39,440 --> 00:43:42,520
by the citizens, and that should
be done before the rezoning

908
00:43:42,520 --> 00:43:43,560
can go through.

909
00:43:43,560 --> 00:43:46,520
These applications run
contrary to our plan.

910
00:43:46,520 --> 00:43:49,020
Please follow our ELC
plan and golden rule

911
00:43:49,020 --> 00:43:51,420
and deny the
rezoning by approving

912
00:43:51,420 --> 00:43:53,700
would be setting a dangerous
precedent that will change

913
00:43:53,700 --> 00:43:55,480
our city and County forever.

914
00:43:55,480 --> 00:43:58,340


915
00:43:58,340 --> 00:44:02,020
Trey cocking is willing to
take a 50/50 risk on this.

916
00:44:02,020 --> 00:44:03,340
Are you.

917
00:44:03,340 --> 00:44:05,300
It's your reputations.

918
00:44:05,300 --> 00:44:07,200
You are our elected officials.

919
00:44:07,200 --> 00:44:11,100
It's your city Please save us.

920
00:44:11,100 --> 00:44:14,900
Deny the rezoning and send
the dio back for review.

921
00:44:14,900 --> 00:44:15,600
Thank you.

922
00:44:15,600 --> 00:44:27,420


923
00:44:27,420 --> 00:44:31,060
Isabel Raleigh,
1019 West 7 Avenue.

924
00:44:31,060 --> 00:44:32,600
I did send an
email this morning,

925
00:44:32,600 --> 00:44:35,000
but obviously that was coming
in a little last minute.

926
00:44:35,000 --> 00:44:37,060
So I'm going to put
out some highlights.

927
00:44:37,060 --> 00:44:38,580
I want to stay up
front on the record

928
00:44:38,580 --> 00:44:40,620
that I am opposed to
the rezoning of the 11

929
00:44:40,620 --> 00:44:44,260
tracks in their entirety
pursuant to ordinance 2622,

930
00:44:44,260 --> 00:44:45,460
and it has been
difficult to find

931
00:44:45,460 --> 00:44:48,570
the words to express my
thoughts regarding this matter.

932
00:44:48,570 --> 00:44:50,130
How does one take the
fear in their heart

933
00:44:50,130 --> 00:44:51,910
and translate it into
a string of words,

934
00:44:51,910 --> 00:44:55,530
with the hope that it
will touch another.

935
00:44:55,530 --> 00:44:58,270
Sorry technology is
the new frontier,

936
00:44:58,270 --> 00:45:00,450
and I fear that we are seeing
a resurgence of frontier

937
00:45:00,450 --> 00:45:02,090
mentality along with it.

938
00:45:02,090 --> 00:45:04,970
Those with power, money and
time are eager to put themselves

939
00:45:04,970 --> 00:45:07,250
at the forefront
of progress, often

940
00:45:07,250 --> 00:45:08,690
with little regard
for those they may

941
00:45:08,690 --> 00:45:10,490
hurt on their way to get there.

942
00:45:10,490 --> 00:45:13,750
They want to acquire and
amass resources at any cost,

943
00:45:13,750 --> 00:45:15,210
in order to shape the
world into one that

944
00:45:15,210 --> 00:45:16,930
will benefit them the most.

945
00:45:16,930 --> 00:45:20,090
In this case, that means getting
their hands on 1,000 acres

946
00:45:20,090 --> 00:45:21,890
of our land and
turning around to sell

947
00:45:21,890 --> 00:45:23,410
it to the highest bidder.

948
00:45:23,410 --> 00:45:24,670
Land is important.

949
00:45:24,670 --> 00:45:26,510
It's the only thing that
has been here before us,

950
00:45:26,510 --> 00:45:29,050
and the only thing that will
remain when we are gone.

951
00:45:29,050 --> 00:45:31,310
Then that is what this
current ordinance addresses.

952
00:45:31,310 --> 00:45:33,070
Correct the usage of land.

953
00:45:33,070 --> 00:45:35,370
Who gets to make the
decisions regarding it.

954
00:45:35,370 --> 00:45:37,010
We are told the
decision made today

955
00:45:37,010 --> 00:45:39,330
will not be approving a
specific developer, individual

956
00:45:39,330 --> 00:45:41,970
or project, but I feel
undue consideration is

957
00:45:41,970 --> 00:45:44,490
being made despite that claim.

958
00:45:44,490 --> 00:45:48,190
The 11 tracks.

959
00:45:48,190 --> 00:45:50,050
So sorry, I'm
trying to scan this.

960
00:45:50,050 --> 00:45:53,110


961
00:45:53,110 --> 00:45:57,090
It will change the layout
of the neighborhood.

962
00:45:57,090 --> 00:45:59,070
The neighborhood is
currently agricultural

963
00:45:59,070 --> 00:46:03,390
under the light industrial
zoning that would allow

964
00:46:03,390 --> 00:46:05,110
for warehousing,
storage, and wholesale

965
00:46:05,110 --> 00:46:07,270
of explosive volatile
products, water well

966
00:46:07,270 --> 00:46:08,950
drilling, and low
intensity manufacturing

967
00:46:08,950 --> 00:46:11,210
and processing with
only a 60 foot setback.

968
00:46:11,210 --> 00:46:13,270
If they decide they don't
want to do a data center

969
00:46:13,270 --> 00:46:15,170
and do different
industry instead,

970
00:46:15,170 --> 00:46:19,110
right next to
families, homes, yards.

971
00:46:19,110 --> 00:46:25,550
I'm so sorry, Becky, in your
I'm so sorry in an article

972
00:46:25,550 --> 00:46:28,450
from the Gazette on January 9,
2018, you were quoted saying,

973
00:46:28,450 --> 00:46:30,890
I really want to make sure our
independent entrepreneurial.

974
00:46:30,890 --> 00:46:34,150
Sorry, sorry.

975
00:46:34,150 --> 00:46:40,570
OK my name is Ivy Montgomery.

976
00:46:40,570 --> 00:46:42,490
I live at 1019 West 7 Avenue.

977
00:46:42,490 --> 00:46:43,980
Last time I appeared
before you, I

978
00:46:43,980 --> 00:46:46,140
came here to plead for
my life and my health

979
00:46:46,140 --> 00:46:47,740
and my safety and well-being.

980
00:46:47,740 --> 00:46:50,020
I'm here to echo that
plea again today.

981
00:46:50,020 --> 00:46:53,300
Actually, I hadn't intended
to come speak today,

982
00:46:53,300 --> 00:46:55,380
but apparently that's
what I had to do just

983
00:46:55,380 --> 00:46:57,060
to be able to be in the room.

984
00:46:57,060 --> 00:47:01,820
It was my intent that if you
decide to rezone the tracks

985
00:47:01,820 --> 00:47:06,000
to industrial, which will
put people's health at risk,

986
00:47:06,000 --> 00:47:10,420
potentially, that I needed to be
here so that I was in the room

987
00:47:10,420 --> 00:47:13,900
and that you knew I was
here thinking about that.

988
00:47:13,900 --> 00:47:16,500
Because ultimately, at the end
of the day, we're gambling.

989
00:47:16,500 --> 00:47:18,580
We're gambling with
people's health

990
00:47:18,580 --> 00:47:20,780
and hoping that we get
enough money to keep

991
00:47:20,780 --> 00:47:23,100
us going until the next time.

992
00:47:23,100 --> 00:47:25,660
What happens when we
need more money again.

993
00:47:25,660 --> 00:47:27,140
Gamble again.

994
00:47:27,140 --> 00:47:30,580
Again again.

995
00:47:30,580 --> 00:47:34,420
I'm not sure how many agains I
can see before I'll be no longer

996
00:47:34,420 --> 00:47:36,420
able to stand here on my own.

997
00:47:36,420 --> 00:47:37,940
When I took the
day off, I really

998
00:47:37,940 --> 00:47:40,300
had hope to be
sitting in the room

999
00:47:40,300 --> 00:47:42,810
when you all made your decision.

1000
00:47:42,810 --> 00:47:43,630
And I am.

1001
00:47:43,630 --> 00:47:46,050
Frankly, I can't help but
feel that the city has not

1002
00:47:46,050 --> 00:47:50,090
been the best host in
the world for not having

1003
00:47:50,090 --> 00:47:51,810
a venue with enough
room for everybody

1004
00:47:51,810 --> 00:47:53,950
to be here and be
seen, because really,

1005
00:47:53,950 --> 00:47:56,010
that's what I wanted today.

1006
00:47:56,010 --> 00:47:57,030
Thank you very much.

1007
00:47:57,030 --> 00:47:57,850
Thank you.

1008
00:47:57,850 --> 00:47:58,350
All right.

1009
00:47:58,350 --> 00:47:59,450
Take a bow.

1010
00:47:59,450 --> 00:48:00,790
Is there anything you want.

1011
00:48:00,790 --> 00:48:05,170


1012
00:48:05,170 --> 00:48:05,830
Good afternoon.

1013
00:48:05,830 --> 00:48:10,130
My name is Monica
Marcus, 1318 Neosho.

1014
00:48:10,130 --> 00:48:13,030
Members of the commission
and zoning administration.

1015
00:48:13,030 --> 00:48:14,730
My name is Monica Marcus.

1016
00:48:14,730 --> 00:48:17,470
I have lived in
Emporia since 2013.

1017
00:48:17,470 --> 00:48:20,690
My full adult life, I have
actively chosen to stay

1018
00:48:20,690 --> 00:48:22,770
and grow roots into this town.

1019
00:48:22,770 --> 00:48:27,690
I have seen it change, grow,
shrink, embrace the arts,

1020
00:48:27,690 --> 00:48:31,370
lose beloved souls to
a global lethal virus.

1021
00:48:31,370 --> 00:48:33,530
I've witnessed
disturbing offenses,

1022
00:48:33,530 --> 00:48:35,250
and I have seen
acts of fellowship

1023
00:48:35,250 --> 00:48:38,730
that have left me with hope
for our community's future.

1024
00:48:38,730 --> 00:48:41,470
I am sad to say that the
actions of the zoning and city

1025
00:48:41,470 --> 00:48:44,550
commission have fallen into
the former category for me

1026
00:48:44,550 --> 00:48:49,270
as of late, but it can still
be changed for the latter.

1027
00:48:49,270 --> 00:48:51,430
I urge the commission
and zoning administrator

1028
00:48:51,430 --> 00:48:54,310
to deny the rezoning
of tracks 1 through 11.

1029
00:48:54,310 --> 00:48:57,790
I asked them to revisit the
decision to further develop

1030
00:48:57,790 --> 00:49:00,790
it to be more stringent
for future protections,

1031
00:49:00,790 --> 00:49:03,910
especially against data
centers and battery

1032
00:49:03,910 --> 00:49:07,230
energy storage systems.

1033
00:49:07,230 --> 00:49:10,910
I do believe in progress
and that Emporia needs it.

1034
00:49:10,910 --> 00:49:13,310
However, this is not the
way that a huge amount

1035
00:49:13,310 --> 00:49:17,070
of our citizens want as
progress for this town.

1036
00:49:17,070 --> 00:49:20,150
That has been abundantly clear
by the numbers of people who

1037
00:49:20,150 --> 00:49:24,310
have taken hours of time away
from their homes and families

1038
00:49:24,310 --> 00:49:28,350
to attend and speak at
these meetings in person.

1039
00:49:28,350 --> 00:49:31,230
Surrounding cities, including
those much more financially

1040
00:49:31,230 --> 00:49:33,690
and culturally
successful than ours,

1041
00:49:33,690 --> 00:49:36,310
are putting on
moratoriums and bans

1042
00:49:36,310 --> 00:49:41,220
on data centers for their
communities follow their lead.

1043
00:49:41,220 --> 00:49:43,700
Emporia is less likely
to recoup from a loss

1044
00:49:43,700 --> 00:49:48,500
than these big cities with
more resources than we have.

1045
00:49:48,500 --> 00:49:51,900
Once rezoning has happened,
our fate is sealed

1046
00:49:51,900 --> 00:49:54,580
with a proven, dubious enemy.

1047
00:49:54,580 --> 00:49:56,140
Are you the
commission that dooms

1048
00:49:56,140 --> 00:50:03,020
our town, our youth, our
nature, our future for money.

1049
00:50:03,020 --> 00:50:04,560
Thank you for your
consideration.

1050
00:50:04,560 --> 00:50:11,340


1051
00:50:11,340 --> 00:50:12,320
Molly Williams.

1052
00:50:12,320 --> 00:50:14,540
41 75.

1053
00:50:14,540 --> 00:50:17,100
I'm here today to talk
about the tax incentives

1054
00:50:17,100 --> 00:50:19,380
that are being offered.

1055
00:50:19,380 --> 00:50:22,400
When you ask the developers
about these tax incentives,

1056
00:50:22,400 --> 00:50:25,740
they kind of shrug the shoulders
and say, well, it's the law.

1057
00:50:25,740 --> 00:50:29,100
SB 98 was passed and so
we're just following the law.

1058
00:50:29,100 --> 00:50:31,360
I would like to talk about
how that law was passed.

1059
00:50:31,360 --> 00:50:36,880
The original bill presented
to the legislature, SB 51, one

1060
00:50:36,880 --> 00:50:41,240
was introduced by a
representative of NetChoice,

1061
00:50:41,240 --> 00:50:43,580
not a representative
of the state of Kansas,

1062
00:50:43,580 --> 00:50:49,160
the representative of a DC
based tech company lobbying firm

1063
00:50:49,160 --> 00:50:54,320
with multi-millions of dollars,
whose stated purpose is to lobby

1064
00:50:54,320 --> 00:50:56,840
against regulations
for tech companies

1065
00:50:56,840 --> 00:50:59,960
to the detriment of people.

1066
00:50:59,960 --> 00:51:02,720
So they have lobbied
for this law,

1067
00:51:02,720 --> 00:51:04,760
which they are now
citing as the reason

1068
00:51:04,760 --> 00:51:06,800
for not having to pay taxes.

1069
00:51:06,800 --> 00:51:09,600
Now, our federal
representatives in DC

1070
00:51:09,600 --> 00:51:11,920
have been bought and paid
for by the tech industry.

1071
00:51:11,920 --> 00:51:14,400
Our representatives in Topeka
have been bought and paid

1072
00:51:14,400 --> 00:51:15,620
for by the tech industry.

1073
00:51:15,620 --> 00:51:16,920
And now I'm standing
in front of people

1074
00:51:16,920 --> 00:51:18,880
who I believe have also
been bought and paid

1075
00:51:18,880 --> 00:51:20,600
for by the tech industry.

1076
00:51:20,600 --> 00:51:25,440
Now I want to know why a for
profit company making billions

1077
00:51:25,440 --> 00:51:27,800
of dollars should not have
to pay the same kind of taxes

1078
00:51:27,800 --> 00:51:30,680
that I have to pay the same
politicians who have been bought

1079
00:51:30,680 --> 00:51:32,960
and paid for want to make me
believe that the people that I

1080
00:51:32,960 --> 00:51:36,150
have to fear are people,
poor people coming

1081
00:51:36,150 --> 00:51:38,910
from other countries under cover
of darkness to steal my job

1082
00:51:38,910 --> 00:51:40,330
and not pay taxes.

1083
00:51:40,330 --> 00:51:43,150
But the people coming in
here under cover of darkness

1084
00:51:43,150 --> 00:51:45,830
to steal my job
and not pay taxes

1085
00:51:45,830 --> 00:51:48,430
are multibillionaires
from Silicon Valley,

1086
00:51:48,430 --> 00:51:52,270
paying multimillionaires
from Washington, DC

1087
00:51:52,270 --> 00:51:54,610
to make laws that are
favorable to them.

1088
00:51:54,610 --> 00:51:58,190
And I would like for you all
to tell us why these for profit

1089
00:51:58,190 --> 00:52:01,910
companies should not have
to pay property taxes

1090
00:52:01,910 --> 00:52:06,750
and sales taxes the same way
that a citizen of your city,

1091
00:52:06,750 --> 00:52:07,950
have to do.

1092
00:52:07,950 --> 00:52:12,010
Why is it OK for them to
skip out on the taxes.

1093
00:52:12,010 --> 00:52:16,790


1094
00:52:16,790 --> 00:52:18,050
And step on that road.

1095
00:52:18,050 --> 00:52:20,050
OK snap clapping in the air.

1096
00:52:20,050 --> 00:52:21,730
That is rude and disrupts.

1097
00:52:21,730 --> 00:52:24,510


1098
00:52:24,510 --> 00:52:25,210
A good job.

1099
00:52:25,210 --> 00:52:30,990


1100
00:52:30,990 --> 00:52:33,230
It was very clear
at the beginning

1101
00:52:33,230 --> 00:52:36,330
that each person is
given their two minutes

1102
00:52:36,330 --> 00:52:38,250
and we're trying to
be respectful of that

1103
00:52:38,250 --> 00:52:39,550
snapping, clapping.

1104
00:52:39,550 --> 00:52:41,490
Any other rude
comments or anything.

1105
00:52:41,490 --> 00:52:43,250
We will ask you to leave.

1106
00:52:43,250 --> 00:52:47,970
You've been warned
and we're done.

1107
00:52:47,970 --> 00:52:50,030
OK You're up.

1108
00:52:50,030 --> 00:52:51,350
My name is alia Diaz.

1109
00:52:51,350 --> 00:52:53,890
My address is on the paper.

1110
00:52:53,890 --> 00:52:55,990
I've lived in
Emporia all my life.

1111
00:52:55,990 --> 00:52:56,990
Nearly all my life.

1112
00:52:56,990 --> 00:52:59,130
Emporia is where my wife
and I bought a home.

1113
00:52:59,130 --> 00:52:59,950
I love it here.

1114
00:52:59,950 --> 00:53:01,530
It's quiet and peaceful.

1115
00:53:01,530 --> 00:53:03,730
Kansas is the center of
Kansas, but the heart of it

1116
00:53:03,730 --> 00:53:05,210
lies in the
community of citizens

1117
00:53:05,210 --> 00:53:09,210
who are fighting to keep
Kansas beautiful and green.

1118
00:53:09,210 --> 00:53:12,870
We've become a tourist spot
during unbound and disk golf,

1119
00:53:12,870 --> 00:53:15,570
and more importantly, the
founding city of Veterans Day.

1120
00:53:15,570 --> 00:53:17,310
I felt so good on
the way over here,

1121
00:53:17,310 --> 00:53:19,910
seeing all the no data
signs and everyone's yards.

1122
00:53:19,910 --> 00:53:21,190
We don't want this.

1123
00:53:21,190 --> 00:53:23,730
Please table all decisions
until after November election

1124
00:53:23,730 --> 00:53:24,730
and let us vote.

1125
00:53:24,730 --> 00:53:28,110
If you love kids you
will table this also.

1126
00:53:28,110 --> 00:53:29,590
We filled three rooms.

1127
00:53:29,590 --> 00:53:31,870
That in itself
should say something.

1128
00:53:31,870 --> 00:53:33,960
I left this here.

1129
00:53:33,960 --> 00:53:35,780
I want this put in my minutes.

1130
00:53:35,780 --> 00:53:38,980
You guys all should be
literally ashamed of yourselves.

1131
00:53:38,980 --> 00:53:39,580
I'm sitting here.

1132
00:53:39,580 --> 00:53:43,320
I sat on the third floor and
watched as you just sit here

1133
00:53:43,320 --> 00:53:45,840
non complacent, looking
like you're bored and would

1134
00:53:45,840 --> 00:53:47,240
rather be somewhere else.

1135
00:53:47,240 --> 00:53:50,020
You get upset anytime
somebody calls you out.

1136
00:53:50,020 --> 00:53:52,140
When you want to be
upset, do something.

1137
00:53:52,140 --> 00:53:53,220
Listen to us.

1138
00:53:53,220 --> 00:53:54,380
We're all here speaking.

1139
00:53:54,380 --> 00:53:55,620
You've got news stations.

1140
00:53:55,620 --> 00:53:59,120
We've came to every meeting
we've been protesting.

1141
00:53:59,120 --> 00:54:01,400
If this isn't going
to benefit us,

1142
00:54:01,400 --> 00:54:03,400
it's going to surely
benefit you guys.

1143
00:54:03,400 --> 00:54:04,800
Maybe you'll be able
to have a better suit

1144
00:54:04,800 --> 00:54:06,740
so your shoulders will fiddle
in a little bit better,

1145
00:54:06,740 --> 00:54:07,420
a little nicer.

1146
00:54:07,420 --> 00:54:13,480
I don't know different things,
but listen, this isn't it.

1147
00:54:13,480 --> 00:54:15,860
And you got all of us here.

1148
00:54:15,860 --> 00:54:16,620
We don't want it.

1149
00:54:16,620 --> 00:54:19,060
You're going to put track
11 right there by Timmerman.

1150
00:54:19,060 --> 00:54:20,500
There's a school right there.

1151
00:54:20,500 --> 00:54:22,560
Don't any of you have children.

1152
00:54:22,560 --> 00:54:24,620
Well, maybe grandchildren,
some of them.

1153
00:54:24,620 --> 00:54:27,700
But I'm just saying
kids don't want this.

1154
00:54:27,700 --> 00:54:29,100
The community don't want this.

1155
00:54:29,100 --> 00:54:31,680
The only one who this stands
to compensate or to get.

1156
00:54:31,680 --> 00:54:33,140
What benefit from this is.

1157
00:54:33,140 --> 00:54:35,620
Seems like you
guys and we're all

1158
00:54:35,620 --> 00:54:37,700
remembering this come election.

1159
00:54:37,700 --> 00:54:40,220
Do what's right.

1160
00:54:40,220 --> 00:54:40,720
All right.

1161
00:54:40,720 --> 00:54:41,840
Next on the road.

1162
00:54:41,840 --> 00:54:46,620


1163
00:54:46,620 --> 00:54:48,900
Waving at us distracts us.

1164
00:54:48,900 --> 00:54:55,820
So I'm trying to
focus on speakers.

1165
00:54:55,820 --> 00:54:58,540
Don't look at us.

1166
00:54:58,540 --> 00:54:59,120
Hi, guys.

1167
00:54:59,120 --> 00:55:02,340
It's Madison Glover,
620 Oak Street.

1168
00:55:02,340 --> 00:55:05,580
So this isn't just
about the data center.

1169
00:55:05,580 --> 00:55:08,740
When major decisions are made
seemingly behind closed doors,

1170
00:55:08,740 --> 00:55:10,560
it doesn't just affect you guys.

1171
00:55:10,560 --> 00:55:13,020
It affects our people.

1172
00:55:13,020 --> 00:55:14,100
My people.

1173
00:55:14,100 --> 00:55:15,780
These are my people.

1174
00:55:15,780 --> 00:55:17,900
The way you've gone about
this makes it hard for people

1175
00:55:17,900 --> 00:55:19,240
to trust their government.

1176
00:55:19,240 --> 00:55:22,860
Trust people like me
running as a candidate

1177
00:55:22,860 --> 00:55:26,780
who truly wants to help our
community and our people.

1178
00:55:26,780 --> 00:55:29,930
If money is what is
mattering right now.

1179
00:55:29,930 --> 00:55:31,450
Then go to DC.

1180
00:55:31,450 --> 00:55:33,850
But stop trying to corrupt
our town with billion

1181
00:55:33,850 --> 00:55:35,490
dollar special interests.

1182
00:55:35,490 --> 00:55:37,810
You didn't invite
anyone to the table

1183
00:55:37,810 --> 00:55:40,370
until the last minute
for this decision.

1184
00:55:40,370 --> 00:55:42,350
You aren't listening
to the people,

1185
00:55:42,350 --> 00:55:44,050
but I'm here to
serve as a reminder

1186
00:55:44,050 --> 00:55:47,130
that the table
belongs to the people.

1187
00:55:47,130 --> 00:55:49,810
You are only
borrowing the chair.

1188
00:55:49,810 --> 00:55:51,590
Don't get that twisted.

1189
00:55:51,590 --> 00:55:54,490
If you approve this, you'll be
going against the people that

1190
00:55:54,490 --> 00:55:57,010
voted you into those chairs.

1191
00:55:57,010 --> 00:55:58,350
Put us in front of money.

1192
00:55:58,350 --> 00:56:00,030
Put us in front of
special matters.

1193
00:56:00,030 --> 00:56:01,370
Put us in front of you.

1194
00:56:01,370 --> 00:56:03,050
We who matter.

1195
00:56:03,050 --> 00:56:04,230
We are the people.

1196
00:56:04,230 --> 00:56:05,790
And the table belongs to us.

1197
00:56:05,790 --> 00:56:07,410
Thank you.

1198
00:56:07,410 --> 00:56:07,910
All right.

1199
00:56:07,910 --> 00:56:10,490
Next up.

1200
00:56:10,490 --> 00:56:13,290
Ask them to leave.

1201
00:56:13,290 --> 00:56:17,290
Can I see chief.

1202
00:56:17,290 --> 00:56:19,810
Will you ask, will you take
the next person out that claps

1203
00:56:19,810 --> 00:56:21,370
or anything, please.

1204
00:56:21,370 --> 00:56:22,150
Thank you.

1205
00:56:22,150 --> 00:56:23,270
Yes hi.

1206
00:56:23,270 --> 00:56:24,250
I'd like to speak.

1207
00:56:24,250 --> 00:56:27,450
I have a right to
speak, so I'll come on.

1208
00:56:27,450 --> 00:56:28,450
Jack come on.

1209
00:56:28,450 --> 00:56:42,990
Jack that's my spouse.

1210
00:56:42,990 --> 00:56:43,850
You'll be OK.

1211
00:56:43,850 --> 00:56:50,110


1212
00:56:50,110 --> 00:56:52,990
So they have the
ability to violate.

1213
00:56:52,990 --> 00:56:54,790
Please don't hurt them.

1214
00:56:54,790 --> 00:56:55,610
Come on, bro.

1215
00:56:55,610 --> 00:57:01,110


1216
00:57:01,110 --> 00:57:01,770
Oh, yeah.

1217
00:57:01,770 --> 00:57:02,550
There you go.

1218
00:57:02,550 --> 00:57:03,090
There you go.

1219
00:57:03,090 --> 00:57:04,050
Let him say.

1220
00:57:04,050 --> 00:57:09,630


1221
00:57:09,630 --> 00:57:13,230
Let him say please.

1222
00:57:13,230 --> 00:57:14,350
He can.

1223
00:57:14,350 --> 00:57:17,670
He can be quiet.

1224
00:57:17,670 --> 00:57:18,570
They can only.

1225
00:57:18,570 --> 01:06:05,340


1226
01:06:05,340 --> 01:06:06,620
Do you wait for a minute.

1227
01:06:06,620 --> 01:06:07,340
Are you allowed.

1228
01:06:07,340 --> 01:06:07,920
Are we good.

1229
01:06:07,920 --> 01:06:09,580
I think we're good.

1230
01:06:09,580 --> 01:06:10,520
Here we go Yes All right.

1231
01:06:10,520 --> 01:06:16,210
We'll call a recess for
the meeting back at recess.

1232
01:06:16,210 --> 01:06:17,950
My name is Jessica Danford.

1233
01:06:17,950 --> 01:06:21,130
I am at 3532 West 20th Avenue.

1234
01:06:21,130 --> 01:06:23,590
I'll be sticking to my script at
first, and if I have any time,

1235
01:06:23,590 --> 01:06:25,890
I'll add any
additional comments.

1236
01:06:25,890 --> 01:06:27,610
My comment today
is to clearly speak

1237
01:06:27,610 --> 01:06:31,130
in opposition of the zoning
ordinances and DO as written.

1238
01:06:31,130 --> 01:06:33,670
The zoning ordinances as
presented are too broad.

1239
01:06:33,670 --> 01:06:36,290
They were prepared and
approved by people who did not

1240
01:06:36,290 --> 01:06:39,010
seem to acknowledge a huge
amount of public feedback,

1241
01:06:39,010 --> 01:06:42,650
and even the concerns of city
zoning commission members.

1242
01:06:42,650 --> 01:06:45,570
The dio amendments do better
at addressing citizen concerns

1243
01:06:45,570 --> 01:06:46,890
than they had previously.

1244
01:06:46,890 --> 01:06:49,770
They include written
noise rules and lighting

1245
01:06:49,770 --> 01:06:51,610
standards for the end user.

1246
01:06:51,610 --> 01:06:54,410
However, it still leaves gaps
that could leave the city

1247
01:06:54,410 --> 01:06:57,550
and surrounding County
vulnerable with my speech,

1248
01:06:57,550 --> 01:06:59,690
I emailed this
group this morning

1249
01:06:59,690 --> 01:07:02,770
a document that includes
a strong that includes

1250
01:07:02,770 --> 01:07:05,730
strong baselines and solid
potential improvements

1251
01:07:05,730 --> 01:07:08,970
to the existing dio, including
evidence for the effectiveness

1252
01:07:08,970 --> 01:07:10,910
of the associated ideas.

1253
01:07:10,910 --> 01:07:14,030
Please review that file
as soon as possible.

1254
01:07:14,030 --> 01:07:16,750
Voices votes.

1255
01:07:16,750 --> 01:07:21,390
Accounting for and approving the
dio amendments and the approving

1256
01:07:21,390 --> 01:07:25,110
the zoning ordinances need
to be tabled for today.

1257
01:07:25,110 --> 01:07:27,630
Both need to be reviewed
further with more comprehensive

1258
01:07:27,630 --> 01:07:31,790
acknowledgment available facts.

1259
01:07:31,790 --> 01:07:34,870
I am still of the
opinion that you all want

1260
01:07:34,870 --> 01:07:36,170
what's best for the community.

1261
01:07:36,170 --> 01:07:38,230
I truly believe that.

1262
01:07:38,230 --> 01:07:41,030
However, more needs to be done
to keep the community voices

1263
01:07:41,030 --> 01:07:45,350
and interest in the digital
campus project in mind

1264
01:07:45,350 --> 01:07:47,230
before moving further
with approving any kind

1265
01:07:47,230 --> 01:07:49,590
of developer or end user.

1266
01:07:49,590 --> 01:07:53,110
Please, please listen
to what's said today.

1267
01:07:53,110 --> 01:07:55,670
Read what you are sent
and engage with the voices

1268
01:07:55,670 --> 01:07:58,550
of your constituents.

1269
01:07:58,550 --> 01:08:04,190
Finally, I just
would like to thank

1270
01:08:04,190 --> 01:08:07,270
those of you who have
responded to my inquiries

1271
01:08:07,270 --> 01:08:08,980
regarding this issue.

1272
01:08:08,980 --> 01:08:12,620
I know that based on what
has happened just recently,

1273
01:08:12,620 --> 01:08:15,460
among other things, there's
been a lot of anger regarding

1274
01:08:15,460 --> 01:08:20,720
all of this and I appreciate the
continued engagement regardless.

1275
01:08:20,720 --> 01:08:22,020
Thank you.

1276
01:08:22,020 --> 01:08:22,520
All right.

1277
01:08:22,520 --> 01:08:25,460
Are we on the road.

1278
01:08:25,460 --> 01:08:26,779
Where are we at.

1279
01:08:26,779 --> 01:08:27,620
Where are we.

1280
01:08:27,620 --> 01:08:29,060
Where are we at.

1281
01:08:29,060 --> 01:08:29,840
Are we still.

1282
01:08:29,840 --> 01:08:32,500


1283
01:08:32,500 --> 01:08:34,140
Are we on the front row now.

1284
01:08:34,140 --> 01:08:35,260
Yes no.

1285
01:08:35,260 --> 01:08:35,840
Front row.

1286
01:08:35,840 --> 01:08:40,979
Whichever end wants
to start, I'll start.

1287
01:08:40,979 --> 01:08:44,740
Christy Beckett, 1834 road F5.

1288
01:08:44,740 --> 01:08:46,580
Several of you
have heard Trey say

1289
01:08:46,580 --> 01:08:48,359
that he doesn't
operate on hopes,

1290
01:08:48,359 --> 01:08:50,220
and that promises
need to be in writing.

1291
01:08:50,220 --> 01:08:51,700
I agree.

1292
01:08:51,700 --> 01:08:53,899
A promise that a
protection will be

1293
01:08:53,899 --> 01:08:58,500
written into the later coming
development agreement is hope.

1294
01:08:58,500 --> 01:09:02,140
A protection written
into the dio is fact.

1295
01:09:02,140 --> 01:09:06,140
The most important point
is this public protections

1296
01:09:06,140 --> 01:09:10,640
and the ability to have basic
livability in your own home

1297
01:09:10,640 --> 01:09:14,920
or your own yard should not be
left to a private negotiation

1298
01:09:14,920 --> 01:09:18,060
where those protections
can be traded, weakened,

1299
01:09:18,060 --> 01:09:20,200
waived, or bought down.

1300
01:09:20,200 --> 01:09:23,840
I emailed you specific changes
to the dio that are needed

1301
01:09:23,840 --> 01:09:26,520
to make this situation livable.

1302
01:09:26,520 --> 01:09:29,740
I'm asking you to pull that
email OPT, address those gaps,

1303
01:09:29,740 --> 01:09:33,680
and make the changes
right here, right now.

1304
01:09:33,680 --> 01:09:37,080
I'm also asking you to deny
the light industrial zoning

1305
01:09:37,080 --> 01:09:41,640
for tracks 1 through 4, and the
industrial zoning for tract 11.

1306
01:09:41,640 --> 01:09:45,359
The problem is that staff use
conditions around tracks 5

1307
01:09:45,359 --> 01:09:47,760
through 10 to justify
industrial zoning

1308
01:09:47,760 --> 01:09:52,680
for another approximately
660 acres of unrelated land

1309
01:09:52,680 --> 01:09:54,600
in tracks 1 through 4 and 11.

1310
01:09:54,600 --> 01:09:57,200
I have reviewed the planning
commission board of zoning

1311
01:09:57,200 --> 01:09:59,640
appeals agenda packets
prepared for this meeting,

1312
01:09:59,640 --> 01:10:02,920
and the staff analysis
that packet in that packet

1313
01:10:02,920 --> 01:10:05,990
does not support the
requested zoning changes.

1314
01:10:05,990 --> 01:10:09,510
The packets own table on page
17 says tract 1 is surrounded

1315
01:10:09,510 --> 01:10:11,750
by agriculture and
single family zoning

1316
01:10:11,750 --> 01:10:13,910
3 and 4 are surrounded by AG.

1317
01:10:13,910 --> 01:10:16,610
Their actual
surroundings are pasture,

1318
01:10:16,610 --> 01:10:18,450
farmsteads and estate homes.

1319
01:10:18,450 --> 01:10:22,030
Yet page 19 calls them
a natural extension

1320
01:10:22,030 --> 01:10:23,890
of light industrial zoning.

1321
01:10:23,890 --> 01:10:27,990
That conclusion contradicts
the city's own evidence.

1322
01:10:27,990 --> 01:10:30,970
Page 18 admits there's
no identified end user.

1323
01:10:30,970 --> 01:10:33,470
However, at the second
planning commission meeting,

1324
01:10:33,470 --> 01:10:35,550
Garrett Nordstrom
confirmed that all options

1325
01:10:35,550 --> 01:10:38,210
are in place to acquire
the property upon rezoning.

1326
01:10:38,210 --> 01:10:39,870
That means that
this vote may enable

1327
01:10:39,870 --> 01:10:42,830
the developer to consolidate
hundreds of acres.

1328
01:10:42,830 --> 01:10:43,710
Thank you.

1329
01:10:43,710 --> 01:10:44,470
Thank you.

1330
01:10:44,470 --> 01:10:48,030
Amanda Amanda
Mendez, 1841 road f.

1331
01:10:48,030 --> 01:10:50,590
I would like to the public to
know that all commissioners

1332
01:10:50,590 --> 01:10:52,470
received a letter in a
document of revisions

1333
01:10:52,470 --> 01:10:54,830
to the dio from a land
use attorney involved

1334
01:10:54,830 --> 01:10:57,230
in the development,
implementation of zoning

1335
01:10:57,230 --> 01:11:00,070
regulations in Kansas and in
the litigation of challenges

1336
01:11:00,070 --> 01:11:01,450
to zoning decisions.

1337
01:11:01,450 --> 01:11:02,830
Since I only
received confirmation

1338
01:11:02,830 --> 01:11:05,440
from one commissioner about
the receipt of those documents.

1339
01:11:05,440 --> 01:11:07,260
I want to make sure that
everyone understands

1340
01:11:07,260 --> 01:11:09,540
that this commission was
advised not to approve

1341
01:11:09,540 --> 01:11:11,460
the rezoning or the dio today.

1342
01:11:11,460 --> 01:11:14,100
I will also be submitting
these documents for the record.

1343
01:11:14,100 --> 01:11:16,220
Some of the shortfalls
mentioned in the six page letter

1344
01:11:16,220 --> 01:11:18,740
include, but are not limited
to inadequate or missing

1345
01:11:18,740 --> 01:11:21,640
regulations on the thermal
impact on neighboring land,

1346
01:11:21,640 --> 01:11:23,460
the scope and size of
the development, water

1347
01:11:23,460 --> 01:11:25,500
and electricity availability
without shifting

1348
01:11:25,500 --> 01:11:27,980
costs to existing
ratepayers, and cost

1349
01:11:27,980 --> 01:11:29,640
allocation of
infrastructure repair,

1350
01:11:29,640 --> 01:11:31,100
maintenance, and construction.

1351
01:11:31,100 --> 01:11:33,540
One of the five questions
in the letter states

1352
01:11:33,540 --> 01:11:35,620
will the proposed text
Amendment advance the interests

1353
01:11:35,620 --> 01:11:37,160
of the city of
Emporia as a whole,

1354
01:11:37,160 --> 01:11:39,180
not solely those having
immediate interest

1355
01:11:39,180 --> 01:11:41,560
in the affected area
in the proposed dio.

1356
01:11:41,560 --> 01:11:44,380
There is consideration of
only the developers and not

1357
01:11:44,380 --> 01:11:46,220
adjoining landowners
as having an interest

1358
01:11:46,220 --> 01:11:49,260
in the affected area,
which is unreasonable.

1359
01:11:49,260 --> 01:11:52,460
While the city would benefit
from having concise regulations

1360
01:11:52,460 --> 01:11:54,700
that provide increased rules
and reviews before the start

1361
01:11:54,700 --> 01:11:56,500
of a project and
quote, the proposed

1362
01:11:56,500 --> 01:11:58,200
regulation fails to do that.

1363
01:11:58,200 --> 01:12:00,720
It requires studies regarding
traffic and thermal impact,

1364
01:12:00,720 --> 01:12:02,640
noise pollution, water
and electrical use

1365
01:12:02,640 --> 01:12:04,560
and infrastructure,
but does not provide

1366
01:12:04,560 --> 01:12:06,520
any standards on how
these studies should

1367
01:12:06,520 --> 01:12:08,140
be applied to any project.

1368
01:12:08,140 --> 01:12:10,400
Additionally, the application
of predefined standards

1369
01:12:10,400 --> 01:12:13,040
to an authorization to use
land for a particular purpose

1370
01:12:13,040 --> 01:12:15,840
under the city's zoning
code is a quasi judicial act

1371
01:12:15,840 --> 01:12:17,240
which must be
conducted in a manner

1372
01:12:17,240 --> 01:12:18,940
which allows public comment.

1373
01:12:18,940 --> 01:12:21,920
Public protest petition and
meaningful judicial review,

1374
01:12:21,920 --> 01:12:25,360
which a negotiated agreement
with the city does not do.

1375
01:12:25,360 --> 01:12:27,780
There are many more points that
I do not have time to explain,

1376
01:12:27,780 --> 01:12:29,800
but commissioners,
please consider

1377
01:12:29,800 --> 01:12:31,660
the legal advice carefully.

1378
01:12:31,660 --> 01:12:34,680
If you did your job, you've
read what was sent to you

1379
01:12:34,680 --> 01:12:38,700
as the city manager said to us
adjacent landowners, it's 50/50.

1380
01:12:38,700 --> 01:12:40,280
This could be the
best thing for Emporia

1381
01:12:40,280 --> 01:12:41,980
or the worst thing for Emporia.

1382
01:12:41,980 --> 01:12:45,840
It's up to you to decide
which one it will be.

1383
01:12:45,840 --> 01:12:46,540
Next up.

1384
01:12:46,540 --> 01:12:51,440


1385
01:12:51,440 --> 01:12:55,120
Doris Smith 13:28 road 170.

1386
01:12:55,120 --> 01:12:57,260
Two minutes is not enough
to address all the evidence.

1387
01:12:57,260 --> 01:12:58,380
I've already sent you guys.

1388
01:12:58,380 --> 01:13:02,230
I'm hoping that you actually
at least skimmed it.

1389
01:13:02,230 --> 01:13:06,130
There's undeniable proof of
the cancers, the miscarriages,

1390
01:13:06,130 --> 01:13:07,830
the dead babies,
everything that I've sent

1391
01:13:07,830 --> 01:13:10,270
over to you that is undeniable.

1392
01:13:10,270 --> 01:13:13,710
Undeniable have you
held somebody taking

1393
01:13:13,710 --> 01:13:16,950
their last breaths from cancer.

1394
01:13:16,950 --> 01:13:18,510
Have you lost a baby.

1395
01:13:18,510 --> 01:13:20,350
You become a shell.

1396
01:13:20,350 --> 01:13:22,330
Who do you think they're
going to go after.

1397
01:13:22,330 --> 01:13:24,990


1398
01:13:24,990 --> 01:13:26,350
Think about it.

1399
01:13:26,350 --> 01:13:30,990
If I knew somebody
knowingly killed my baby

1400
01:13:30,990 --> 01:13:33,370
and I went home from the
hospital empty handed.

1401
01:13:33,370 --> 01:13:37,870


1402
01:13:37,870 --> 01:13:39,430
Just think about it.

1403
01:13:39,430 --> 01:13:42,850
I have way more from
where this came from.

1404
01:13:42,850 --> 01:13:46,210
I know that nobody else has
presented this anywhere else.

1405
01:13:46,210 --> 01:13:49,430
So you don't realize
what's going to happen

1406
01:13:49,430 --> 01:13:52,150
if you push this through.

1407
01:13:52,150 --> 01:13:52,650
All right.

1408
01:13:52,650 --> 01:13:53,290
Next up.

1409
01:13:53,290 --> 01:13:58,490


1410
01:13:58,490 --> 01:14:02,090
Eric Smith 13:28 road 170.

1411
01:14:02,090 --> 01:14:05,590
I guess I'm here to today to
say this seemingly obvious,

1412
01:14:05,590 --> 01:14:07,610
which is that a bad
deal is a bad deal

1413
01:14:07,610 --> 01:14:09,810
no matter how you spin it.

1414
01:14:09,810 --> 01:14:11,070
Like a lot of you
sitting up there,

1415
01:14:11,070 --> 01:14:14,290
I'm also a local small
business owner, and as I'm sure

1416
01:14:14,290 --> 01:14:15,730
many of you can
agree with the fact

1417
01:14:15,730 --> 01:14:17,850
that red flags in
a business deal

1418
01:14:17,850 --> 01:14:21,050
are indicative of
the necessity to step

1419
01:14:21,050 --> 01:14:25,330
away from that deal, regardless
of any potential benefits.

1420
01:14:25,330 --> 01:14:28,330
While the developer and I
say that with finger quotes

1421
01:14:28,330 --> 01:14:31,810
because depending on
who is asking him,

1422
01:14:31,810 --> 01:14:34,050
his story changes on whether
he's actually a developer

1423
01:14:34,050 --> 01:14:35,210
or not.

1424
01:14:35,210 --> 01:14:37,250
He's trying to entice
you with potential job

1425
01:14:37,250 --> 01:14:39,070
creation, tax
revenue, industrial,

1426
01:14:39,070 --> 01:14:40,770
residential build
outs, et cetera.

1427
01:14:40,770 --> 01:14:42,410
The fact of the
matter remains is

1428
01:14:42,410 --> 01:14:45,290
that he has lied under
oath about his involvement

1429
01:14:45,290 --> 01:14:48,050
in this project,
while also stating

1430
01:14:48,050 --> 01:14:51,890
that he has never undertaken
a center project before.

1431
01:14:51,890 --> 01:14:54,850
Every single piece of
this is a red flag.

1432
01:14:54,850 --> 01:14:57,600
Would you hire a mechanic
that has never worked on a car

1433
01:14:57,600 --> 01:14:59,440
to work on yours.

1434
01:14:59,440 --> 01:15:02,360
Would you hire a roofer to
put a roof on your house

1435
01:15:02,360 --> 01:15:04,920
if he's never done it.

1436
01:15:04,920 --> 01:15:07,740
I'm curious, as to why
we're even debating this.

1437
01:15:07,740 --> 01:15:10,300
With all the pushback,
consequences, litigation,

1438
01:15:10,300 --> 01:15:13,400
health effects, and strain
on utilities and resources,

1439
01:15:13,400 --> 01:15:16,080
why is this even up for
consideration because

1440
01:15:16,080 --> 01:15:18,080
of a few potential jobs
that it might create

1441
01:15:18,080 --> 01:15:20,800
or because of some tax revenue.

1442
01:15:20,800 --> 01:15:24,800
You fear potential
litigation if you deny.

1443
01:15:24,800 --> 01:15:27,360
Well, what about
litigation if you proceed.

1444
01:15:27,360 --> 01:15:29,200
All you have to do
is spend five minutes

1445
01:15:29,200 --> 01:15:31,700
researching all of the negative
effects of data centers.

1446
01:15:31,700 --> 01:15:32,960
And you can clearly
see that this

1447
01:15:32,960 --> 01:15:37,560
is not something that or you
should want to be a part of.

1448
01:15:37,560 --> 01:15:40,620
The time to stop this is now
before it goes any further.

1449
01:15:40,620 --> 01:15:42,960
The pros do not
outweigh the cons.

1450
01:15:42,960 --> 01:15:44,800
Individually, I
believe all of you

1451
01:15:44,800 --> 01:15:48,520
recognize this as exactly what
it is a bad deal that you're

1452
01:15:48,520 --> 01:15:51,240
just hoping is a good deal.

1453
01:15:51,240 --> 01:15:53,760
Hope it is not a good
business strategy.

1454
01:15:53,760 --> 01:15:54,380
Thank you.

1455
01:15:54,380 --> 01:16:01,940


1456
01:16:01,940 --> 01:16:07,260
David Claridge, 22 South
commercial street, and I am also

1457
01:16:07,260 --> 01:16:10,540
running for state
representative for district 76,

1458
01:16:10,540 --> 01:16:14,740
and I really look forward
to making life hard for you

1459
01:16:14,740 --> 01:16:17,260
when I get to the state
house, because you removed

1460
01:16:17,260 --> 01:16:20,180
my older sibling against the
constitutional first Amendment

1461
01:16:20,180 --> 01:16:21,780
rights.

1462
01:16:21,780 --> 01:16:24,540
This is ridiculous.

1463
01:16:24,540 --> 01:16:30,140
I have never seen politicians so
abundantly terrible at their PR.

1464
01:16:30,140 --> 01:16:31,860
It is insane.

1465
01:16:31,860 --> 01:16:37,660
You had someone from the
opposition removed for clapping

1466
01:16:37,660 --> 01:16:39,440
because they enjoyed a speech.

1467
01:16:39,440 --> 01:16:41,540
Another member made are.

1468
01:16:41,540 --> 01:16:44,100
Are you so hard of hearing that
you couldn't hear the speaker

1469
01:16:44,100 --> 01:16:47,500
who was clearly talking
louder than the individual

1470
01:16:47,500 --> 01:16:49,660
clapping that.

1471
01:16:49,660 --> 01:16:50,480
It's beyond me.

1472
01:16:50,480 --> 01:16:51,040
But what.

1473
01:16:51,040 --> 01:16:53,610
I'm not here to rag
on you for that,

1474
01:16:53,610 --> 01:16:56,930
I'm actually here to be your
wrestling heel and canary

1475
01:16:56,930 --> 01:16:59,570
in the coal mine, so
I really recommend

1476
01:16:59,570 --> 01:17:01,050
you listen to me chirping.

1477
01:17:01,050 --> 01:17:04,770
You are setting up a
political environment

1478
01:17:04,770 --> 01:17:10,530
where it is very concerning
where the future leads.

1479
01:17:10,530 --> 01:17:12,910
I have a Bachelor of Science
in political science,

1480
01:17:12,910 --> 01:17:15,450
and one of my favorite
things to look up

1481
01:17:15,450 --> 01:17:19,130
was how governments failed,
how they got opposed,

1482
01:17:19,130 --> 01:17:22,110
and how revolutions got to
the point that they got,

1483
01:17:22,110 --> 01:17:24,490
particularly the
French Revolution.

1484
01:17:24,490 --> 01:17:28,070
And there was, funnily enough,
somewhere in Tennessee, Athens.

1485
01:17:28,070 --> 01:17:29,850
That is a favorite
story of mine.

1486
01:17:29,850 --> 01:17:32,850
I'm telling you right
now, you are mirroring

1487
01:17:32,850 --> 01:17:35,410
that part of history right now.

1488
01:17:35,410 --> 01:17:37,170
And as someone who
does not want to have

1489
01:17:37,170 --> 01:17:39,250
their head chopped
off or by a guillotine

1490
01:17:39,250 --> 01:17:41,650
when I get to the state rep.

1491
01:17:41,650 --> 01:17:43,890
Because bear in mind, there
were plenty of French Nobles

1492
01:17:43,890 --> 01:17:45,270
on the side of the opposition.

1493
01:17:45,270 --> 01:17:47,210
They didn't discriminate.

1494
01:17:47,210 --> 01:17:51,750
I'm asking you to table this
until at least December.

1495
01:17:51,750 --> 01:17:55,610
Allow a vote to commence and
just let the people decide.

1496
01:17:55,610 --> 01:17:56,990
Goddammit!

1497
01:17:56,990 --> 01:17:59,030
what is so hard about that.

1498
01:17:59,030 --> 01:18:02,270
Why do you have to be so
fucking authoritarian.

1499
01:18:02,270 --> 01:18:03,670
Please watch this.

1500
01:18:03,670 --> 01:18:04,450
No thank you.

1501
01:18:04,450 --> 01:18:08,430
Yeah all right.

1502
01:18:08,430 --> 01:18:14,090
Oops all right.

1503
01:18:14,090 --> 01:18:17,870


1504
01:18:17,870 --> 01:18:22,510
David thank you.

1505
01:18:22,510 --> 01:18:24,870
Hi my name is Christy Christman.

1506
01:18:24,870 --> 01:18:29,470
I'm a resident, and this
is my tech right here.

1507
01:18:29,470 --> 01:18:30,010
For me.

1508
01:18:30,010 --> 01:18:32,550


1509
01:18:32,550 --> 01:18:35,910
The sound you're hearing is
a very low frequency noise.

1510
01:18:35,910 --> 01:18:38,350
Low frequency sounds
have longer wavelengths

1511
01:18:38,350 --> 01:18:41,190
and are often not picked
up by decibel readers.

1512
01:18:41,190 --> 01:18:44,230
It doesn't register as loud.

1513
01:18:44,230 --> 01:18:49,270
Our audio has a limit on DBA,
which is 55, which is pretty

1514
01:18:49,270 --> 01:18:52,300
reasonable, but it doesn't
regulate DVC, which is

1515
01:18:52,300 --> 01:18:56,460
what you're listening to now.

1516
01:18:56,460 --> 01:18:59,780
I'm taking this from
ordinance number 2621.

1517
01:18:59,780 --> 01:19:02,080
I just want you guys
to listen to this.

1518
01:19:02,080 --> 01:19:16,820


1519
01:19:16,820 --> 01:20:04,280
24/7 Your backyard
5 point would be

1520
01:20:04,280 --> 01:20:08,400
obvious is that it's
going to be a problem

1521
01:20:08,400 --> 01:20:09,500
for people that live there.

1522
01:20:09,500 --> 01:20:14,280
But most importantly, I'd like
you to look at the 12 items

1523
01:20:14,280 --> 01:20:18,000
that Christie put on
Facebook yesterday.

1524
01:20:18,000 --> 01:20:19,680
And this would be
one of the things

1525
01:20:19,680 --> 01:20:21,920
that the dio should
regulate, not

1526
01:20:21,920 --> 01:20:24,600
just DBA sounds, but also DVC.

1527
01:20:24,600 --> 01:20:27,840
There's hundreds of things
that you guys need to look at.

1528
01:20:27,840 --> 01:20:29,460
Thank you.

1529
01:20:29,460 --> 01:20:29,960
All right.

1530
01:20:29,960 --> 01:20:30,780
Next up.

1531
01:20:30,780 --> 01:20:36,040


1532
01:20:36,040 --> 01:20:38,060
Hi thank you for listening.

1533
01:20:38,060 --> 01:20:41,400
I'm Katie crook, 1826
road C I'm glad I

1534
01:20:41,400 --> 01:20:44,440
don't have any of your jobs,
so thank you for listening.

1535
01:20:44,440 --> 01:20:48,550
I'm glad to piggyback
off of have you.

1536
01:20:48,550 --> 01:20:50,510
This is my son, John.

1537
01:20:50,510 --> 01:20:51,990
He's 19.

1538
01:20:51,990 --> 01:20:54,370
He has profound autism.

1539
01:20:54,370 --> 01:20:55,330
Level 3.

1540
01:20:55,330 --> 01:21:01,870
And if the Lorax speaks for
the trees, I speak for John.

1541
01:21:01,870 --> 01:21:03,670
So that's why I'm here.

1542
01:21:03,670 --> 01:21:06,390
And so I have the great
privilege and responsibility

1543
01:21:06,390 --> 01:21:08,070
of speaking for him.

1544
01:21:08,070 --> 01:21:11,470
He's 19, and he's the
best human on the planet.

1545
01:21:11,470 --> 01:21:15,790
He also faces many challenges,
including level 3 autism.

1546
01:21:15,790 --> 01:21:18,370
And I could talk a lot
about him for a long time,

1547
01:21:18,370 --> 01:21:22,150
but I want to tailor
this to some issues

1548
01:21:22,150 --> 01:21:24,170
that I don't hear a lot
of people talking about.

1549
01:21:24,170 --> 01:21:26,590
And that is the
sensory nightmare

1550
01:21:26,590 --> 01:21:29,770
that this could potentially
bring to families like mine.

1551
01:21:29,770 --> 01:21:35,030
I live close to one of the
tracks for the proposed center.

1552
01:21:35,030 --> 01:21:41,990
And how this impacts people with
sensory processing or autism is

1553
01:21:41,990 --> 01:21:44,990
don't think of it as a deficit.

1554
01:21:44,990 --> 01:21:47,440
His brain works too well.

1555
01:21:47,440 --> 01:21:51,100
OK, it can't filter
out the sensory input

1556
01:21:51,100 --> 01:21:52,980
that neurotypical
brains can't, so you

1557
01:21:52,980 --> 01:21:55,500
just have to imagine
your senses being

1558
01:21:55,500 --> 01:21:58,140
maxed out 100% of the time.

1559
01:21:58,140 --> 01:22:01,500
And then he can't communicate
when he's overwhelmed.

1560
01:22:01,500 --> 01:22:03,820
So what that looks
like is he then

1561
01:22:03,820 --> 01:22:05,760
will be aggressive
towards himself,

1562
01:22:05,760 --> 01:22:08,620
or he can get aggressive
towards other people.

1563
01:22:08,620 --> 01:22:11,300
And this photo was photoshopped.

1564
01:22:11,300 --> 01:22:14,500
But if it wasn't photoshopped,
you would see a nice bruise

1565
01:22:14,500 --> 01:22:18,180
right here that's always
there because he has

1566
01:22:18,180 --> 01:22:19,840
some self-injurious behavior.

1567
01:22:19,840 --> 01:22:23,580
OK, so we live really
close and I just

1568
01:22:23,580 --> 01:22:27,180
feel like we bought our
home with the intention

1569
01:22:27,180 --> 01:22:29,540
of him always living with us.

1570
01:22:29,540 --> 01:22:32,020
And he deserves the
quiet, peaceful enjoyment

1571
01:22:32,020 --> 01:22:34,860
of his home and the kids and the
autism self-contained classroom

1572
01:22:34,860 --> 01:22:36,580
at Timmerman due to.

1573
01:22:36,580 --> 01:22:38,220
It's going to be rough.

1574
01:22:38,220 --> 01:22:39,320
So thank you.

1575
01:22:39,320 --> 01:22:41,980


1576
01:22:41,980 --> 01:22:42,800
Next up.

1577
01:22:42,800 --> 01:22:46,360


1578
01:22:46,360 --> 01:22:47,340
My name is Darren Maley.

1579
01:22:47,340 --> 01:22:49,320
I live at 9:45 Woodhall street.

1580
01:22:49,320 --> 01:22:50,940
My husband and I are
both from Emporio.

1581
01:22:50,940 --> 01:22:53,220
We moved back from Hawaii
in the fall of 2021,

1582
01:22:53,220 --> 01:22:54,600
after spending a
decade in the Kansas

1583
01:22:54,600 --> 01:22:57,740
City Metropolitan area on
both sides of the state line.

1584
01:22:57,740 --> 01:22:59,760
We moved back from Korea
to be close to our love,

1585
01:22:59,760 --> 01:23:01,140
to have a cheaper
cost of living.

1586
01:23:01,140 --> 01:23:02,920
We're very compassionate
and empathetic people

1587
01:23:02,920 --> 01:23:04,140
who want the best
for our family,

1588
01:23:04,140 --> 01:23:07,260
as well as our neighbors and
members of our community.

1589
01:23:07,260 --> 01:23:10,040
Our neighbors are a church and
my husband's best friend's aunt

1590
01:23:10,040 --> 01:23:11,340
who is in her late 70s.

1591
01:23:11,340 --> 01:23:12,760
To our left, we
have a relationship

1592
01:23:12,760 --> 01:23:15,760
with our neighbor across the
street and down the street.

1593
01:23:15,760 --> 01:23:18,460
They wanted to help pay for our
son to get a basketball goal,

1594
01:23:18,460 --> 01:23:20,400
because they seen him playing
basketball in our driveway

1595
01:23:20,400 --> 01:23:22,540
for hours alongside
our neighbor,

1596
01:23:22,540 --> 01:23:24,940
two homes down as a
nonverbal autistic child.

1597
01:23:24,940 --> 01:23:27,880
And sometimes he
comes to our home.

1598
01:23:27,880 --> 01:23:30,000
We have a good relationship
with his parents

1599
01:23:30,000 --> 01:23:31,380
and we always look
out for each other.

1600
01:23:31,380 --> 01:23:32,420
Our resources.

1601
01:23:32,420 --> 01:23:34,320
My husband helps our
neighbors and their loved

1602
01:23:34,320 --> 01:23:36,500
ones with vehicle issues
or literally anything.

1603
01:23:36,500 --> 01:23:38,400
We all serve each other.

1604
01:23:38,400 --> 01:23:41,560
We all help each other out
and we do not want to leave.

1605
01:23:41,560 --> 01:23:47,510
We have the home listed when we
listened, when we took it down.

1606
01:23:47,510 --> 01:23:50,670
And we realize that this
is where we wanted to be.

1607
01:23:50,670 --> 01:23:52,250
Our neighbors breathed
a sigh of relief.

1608
01:23:52,250 --> 01:23:54,650
They told us that they did
not want us to go in with you.

1609
01:23:54,650 --> 01:23:56,470
What kind of neighbors and
members of your community

1610
01:23:56,470 --> 01:23:57,210
do you want.

1611
01:23:57,210 --> 01:23:59,310
You want members to protect
and look out for each other

1612
01:23:59,310 --> 01:24:00,530
because that is what we want.

1613
01:24:00,530 --> 01:24:01,970
That is what we expect
from our neighbors,

1614
01:24:01,970 --> 01:24:03,790
because that is what
they've always done.

1615
01:24:03,790 --> 01:24:06,370
Our dogs got out and they called
us and brought them back home.

1616
01:24:06,370 --> 01:24:08,210
They didn't turn us
in or drag us online.

1617
01:24:08,210 --> 01:24:09,830
They looked out for each other.

1618
01:24:09,830 --> 01:24:10,970
We look out for each other.

1619
01:24:10,970 --> 01:24:12,850
So I ask you, will
you look out for us.

1620
01:24:12,850 --> 01:24:14,570
Will you protect us
from this data center.

1621
01:24:14,570 --> 01:24:16,590
When you look out for my
78-year-old neighbor and then

1622
01:24:16,590 --> 01:24:20,070
non-verbally, will
you protect them from

1623
01:24:20,070 --> 01:24:21,290
the harm of this data center.

1624
01:24:21,290 --> 01:24:23,530
This is not something my
husband and I can do alone.

1625
01:24:23,530 --> 01:24:24,290
It takes a village.

1626
01:24:24,290 --> 01:24:25,770
So I ask the city commission.

1627
01:24:25,770 --> 01:24:27,350
Will you be our village.

1628
01:24:27,350 --> 01:24:28,530
Will you protect us.

1629
01:24:28,530 --> 01:24:31,550
Will you table both of the
items until after the November

1630
01:24:31,550 --> 01:24:32,930
vote on item one.

1631
01:24:32,930 --> 01:24:36,650
The data center, rezoning and
item two rezoning with tracks.

1632
01:24:36,650 --> 01:24:39,030
Thank you.

1633
01:24:39,030 --> 01:24:40,250
Next up on the road.

1634
01:24:40,250 --> 01:24:45,770


1635
01:24:45,770 --> 01:24:47,250
Howdy, y'all.

1636
01:24:47,250 --> 01:24:50,770
It's almost 10:37
road 70 Kansas.

1637
01:24:50,770 --> 01:24:54,150
I implore you all to put any
and all data centers on hold,

1638
01:24:54,150 --> 01:24:56,650
preferably shoot them
down before they start.

1639
01:24:56,650 --> 01:24:58,770
We're moving too fast
as a city on something

1640
01:24:58,770 --> 01:24:59,970
that has been proven.

1641
01:24:59,970 --> 01:25:02,930
It's not healthy steps for
cities, people, or livestock.

1642
01:25:02,930 --> 01:25:04,770
Everyone here has brought
up some great points

1643
01:25:04,770 --> 01:25:05,710
against data centers.

1644
01:25:05,710 --> 01:25:09,710
So I ask you to consider
what ifs on the Pro side.

1645
01:25:09,710 --> 01:25:11,970
On the good side,
there's a chance

1646
01:25:11,970 --> 01:25:14,590
that data centers could bring
in some taxes in a few years.

1647
01:25:14,590 --> 01:25:18,490
They won't steal all their water
and they'll provide 515 jobs.

1648
01:25:18,490 --> 01:25:18,990
All of that.

1649
01:25:18,990 --> 01:25:20,470
The cost of 1,000 acres.

1650
01:25:20,470 --> 01:25:22,290
And our city's health and trust.

1651
01:25:22,290 --> 01:25:25,130
On the factual side, the
data center corrupts health

1652
01:25:25,130 --> 01:25:26,690
for people and livestock.

1653
01:25:26,690 --> 01:25:28,990
They've been shown to
sue, to steal water,

1654
01:25:28,990 --> 01:25:30,290
and they've raised
our electric Bills

1655
01:25:30,290 --> 01:25:31,770
while lowering property values.

1656
01:25:31,770 --> 01:25:34,570
Property values will
provide no jobs.

1657
01:25:34,570 --> 01:25:36,010
Please don't line
people's pockets

1658
01:25:36,010 --> 01:25:37,230
that don't even live here.

1659
01:25:37,230 --> 01:25:39,400
I care about my health,
my wife's health and

1660
01:25:39,400 --> 01:25:41,120
our future Children's Health.

1661
01:25:41,120 --> 01:25:42,980
Please side with the
people of Emporia here.

1662
01:25:42,980 --> 01:25:45,320
And don't flush the beautiful
city and our beautiful Kansas

1663
01:25:45,320 --> 01:25:46,800
land down the drain.

1664
01:25:46,800 --> 01:25:51,680
And keep in mind that
I. You're hosting

1665
01:25:51,680 --> 01:25:53,320
us on Tuesday at 11 o'clock AM.

1666
01:25:53,320 --> 01:25:55,080
I drove 20 minutes,
took the day off

1667
01:25:55,080 --> 01:25:58,240
to voice my opinion as there
are many of my shoes who cannot.

1668
01:25:58,240 --> 01:26:00,180
I've sat through hours of
the previous two meetings,

1669
01:26:00,180 --> 01:26:01,680
and I will sit and
stand for more if it

1670
01:26:01,680 --> 01:26:03,720
keeps Emporia data center free.

1671
01:26:03,720 --> 01:26:06,400
Thank you so much.

1672
01:26:06,400 --> 01:26:07,060
Thank you.

1673
01:26:07,060 --> 01:26:11,920


1674
01:26:11,920 --> 01:26:14,320
Oh, John.

1675
01:26:14,320 --> 01:26:15,760
Kurt Monica.

1676
01:26:15,760 --> 01:26:18,780
Tammy I pushed real
hard to get you here,

1677
01:26:18,780 --> 01:26:21,760
so hopefully because
I believed that you

1678
01:26:21,760 --> 01:26:23,880
would listen to the people.

1679
01:26:23,880 --> 01:26:26,160
And the people are speaking.

1680
01:26:26,160 --> 01:26:29,960
There's so much that is unknown.

1681
01:26:29,960 --> 01:26:34,300
Not only on your level, but
everybody else on data center,

1682
01:26:34,300 --> 01:26:36,800
solar farm, anything.

1683
01:26:36,800 --> 01:26:39,580
There's so much to be
learned, and there's

1684
01:26:39,580 --> 01:26:42,700
so much that we can
all learn together

1685
01:26:42,700 --> 01:26:46,220
and maybe come to some point.

1686
01:26:46,220 --> 01:26:52,980
Stepping back now, I know
Emporia is in a pickle.

1687
01:26:52,980 --> 01:26:54,360
We need the revenue.

1688
01:26:54,360 --> 01:26:55,520
We've lost jobs.

1689
01:26:55,520 --> 01:26:57,340
We lost factories.

1690
01:26:57,340 --> 01:27:04,620
But I ain't 100% This is the
answer, let alone the investors.

1691
01:27:04,620 --> 01:27:09,060
Why did Nordstrom and Pinkston
approached Coffey County.

1692
01:27:09,060 --> 01:27:12,840
And why did Coffey County
tell them to take a hike.

1693
01:27:12,840 --> 01:27:17,220
Basically, there's
a lot of unknown.

1694
01:27:17,220 --> 01:27:22,420
I mean, the city attorney's
doing probably best job.

1695
01:27:22,420 --> 01:27:25,420
Givens is doing his
best work, but we're

1696
01:27:25,420 --> 01:27:27,420
up against some big time boys.

1697
01:27:27,420 --> 01:27:31,540
We're not playing with mom
and pop across the street.

1698
01:27:31,540 --> 01:27:33,420
We're playing with big boys.

1699
01:27:33,420 --> 01:27:36,730
They got more money to sink
this town than anything.

1700
01:27:36,730 --> 01:27:39,890
So now is your opportunity
to do your best

1701
01:27:39,890 --> 01:27:41,890
to try and shut this down.

1702
01:27:41,890 --> 01:27:44,450
Listen to the people.

1703
01:27:44,450 --> 01:27:50,170
Like I said, we are in
Emporia, is in debt.

1704
01:27:50,170 --> 01:27:51,630
I've looked at the financial.

1705
01:27:51,630 --> 01:27:54,050
I've had some people from other.

1706
01:27:54,050 --> 01:27:55,790
Well, I'm going to
go ahead and say it.

1707
01:27:55,790 --> 01:28:02,610
My sister was County clerk for
Dickenson County for 2026 years.

1708
01:28:02,610 --> 01:28:05,690
And she asked me, and
you guys know who I'm

1709
01:28:05,690 --> 01:28:07,430
talking about, not you three.

1710
01:28:07,430 --> 01:28:11,970
You're here, you're new, you're
getting thrown into the fire.

1711
01:28:11,970 --> 01:28:12,910
But she asked me.

1712
01:28:12,910 --> 01:28:13,890
She called me.

1713
01:28:13,890 --> 01:28:14,950
She's Christian.

1714
01:28:14,950 --> 01:28:17,350
She said, I won't stop
you, but thank you.

1715
01:28:17,350 --> 01:28:22,290


1716
01:28:22,290 --> 01:28:27,130
Robert Brooks 1336 37 verse 18.

1717
01:28:27,130 --> 01:28:29,590
It's been an intense
hour and a half so far,

1718
01:28:29,590 --> 01:28:31,070
and looks like you
guys have more.

1719
01:28:31,070 --> 01:28:33,310
So I'll give you 10, 15 seconds.

1720
01:28:33,310 --> 01:28:35,010
Just take a deep breath with me.

1721
01:28:35,010 --> 01:28:39,230


1722
01:28:39,230 --> 01:28:41,910
We are in your community.

1723
01:28:41,910 --> 01:28:44,150
I have been here forever.

1724
01:28:44,150 --> 01:28:46,490
You guys have been here
as long as I can remember.

1725
01:28:46,490 --> 01:28:48,730
I think a lot of you have
lived here your whole lives.

1726
01:28:48,730 --> 01:28:54,550
Do not forget, we are your
community and your ours.

1727
01:28:54,550 --> 01:28:59,150
There's a lot of hot tips
about this whole thing.

1728
01:28:59,150 --> 01:29:02,390
And I think we share
the idea that we wish

1729
01:29:02,390 --> 01:29:03,950
we could have avoided that.

1730
01:29:03,950 --> 01:29:08,350
It's a sorry thing
to have had happened,

1731
01:29:08,350 --> 01:29:11,790
but we're not losing
sight of that.

1732
01:29:11,790 --> 01:29:12,690
You're our friends.

1733
01:29:12,690 --> 01:29:13,790
You're our neighbors.

1734
01:29:13,790 --> 01:29:16,030
You're our family just
as much as anybody

1735
01:29:16,030 --> 01:29:18,350
sitting back here
on the other side.

1736
01:29:18,350 --> 01:29:19,050
Shake your hands.

1737
01:29:19,050 --> 01:29:21,750
But I understand
that whole thing.

1738
01:29:21,750 --> 01:29:24,230
But I do like stories.

1739
01:29:24,230 --> 01:29:29,110
Where in Kansas, it's always
cowboy stories, whether it's

1740
01:29:29,110 --> 01:29:32,150
the new sci-fi
stuff or even more

1741
01:29:32,150 --> 01:29:35,640
I think we know how
those stories go.

1742
01:29:35,640 --> 01:29:41,060
We all kind of grew up with
them on TV and stuff, and.

1743
01:29:41,060 --> 01:29:46,300
We know what the guy with the
Bowler hat and the mustache

1744
01:29:46,300 --> 01:29:47,620
looks like.

1745
01:29:47,620 --> 01:29:49,860
What Farm folk.

1746
01:29:49,860 --> 01:29:50,960
We know who they are.

1747
01:29:50,960 --> 01:29:53,780
We know how those stories go.

1748
01:29:53,780 --> 01:29:55,540
We're all going to
tell the story of how

1749
01:29:55,540 --> 01:29:57,480
this happened to our kids.

1750
01:29:57,480 --> 01:30:00,060
Our kids are going to
tell it to the grandkids.

1751
01:30:00,060 --> 01:30:01,280
They might write books about it.

1752
01:30:01,280 --> 01:30:04,700
They might be a movie someday.

1753
01:30:04,700 --> 01:30:08,340
Who are you guys going to be.

1754
01:30:08,340 --> 01:30:10,160
How does that story play out.

1755
01:30:10,160 --> 01:30:13,400
Because you're the ones
that are writing the script.

1756
01:30:13,400 --> 01:30:15,100
On our behalf.

1757
01:30:15,100 --> 01:30:18,620
You guys are going to
decide how this ends.

1758
01:30:18,620 --> 01:30:21,660
Please let us do this together.

1759
01:30:21,660 --> 01:30:23,420
Thank you.

1760
01:30:23,420 --> 01:30:25,140
Thank you.

1761
01:30:25,140 --> 01:30:27,100
Anyway, back to the front row.

1762
01:30:27,100 --> 01:30:27,680
Front row.

1763
01:30:27,680 --> 01:30:28,760
Whichever one.

1764
01:30:28,760 --> 01:30:30,320
Whichever lady would
like to go first.

1765
01:30:30,320 --> 01:30:32,920


1766
01:30:32,920 --> 01:30:34,900
OK my name is Christina Grayson.

1767
01:30:34,900 --> 01:30:37,760
I live at 902
road, 260 Americus,

1768
01:30:37,760 --> 01:30:40,600
and I am opposed of this.

1769
01:30:40,600 --> 01:30:46,480
And I came looking at the agenda
today of what is on the docket

1770
01:30:46,480 --> 01:30:48,200
to even speak about.

1771
01:30:48,200 --> 01:30:52,360
And I feel that even by
you guys of addressing

1772
01:30:52,360 --> 01:30:57,420
the water, the zoning and
the rezoning of these areas,

1773
01:30:57,420 --> 01:31:00,760
I think that I've also
lived on Highway 99,

1774
01:31:00,760 --> 01:31:04,560
where there is only well, water
and there is no infrastructure

1775
01:31:04,560 --> 01:31:07,120
being able to go in that
direction between the rivers

1776
01:31:07,120 --> 01:31:11,080
or past the rivers in that area
to be able to expand the water.

1777
01:31:11,080 --> 01:31:15,720
And those people who are only
being able to live by, well

1778
01:31:15,720 --> 01:31:16,300
water.

1779
01:31:16,300 --> 01:31:18,120
You're taking out
their livelihood to be

1780
01:31:18,120 --> 01:31:22,080
able to maintain to live there.

1781
01:31:22,080 --> 01:31:26,840
And I know you guys have
done a really great job

1782
01:31:26,840 --> 01:31:30,470
for representing
Emporia and I feel

1783
01:31:30,470 --> 01:31:33,710
that I'm not disrespecting
anything that you

1784
01:31:33,710 --> 01:31:35,130
guys have done in the past.

1785
01:31:35,130 --> 01:31:37,030
But I do ask that you
listen to the people

1786
01:31:37,030 --> 01:31:39,230
and you have been presented
with a lot of stuff.

1787
01:31:39,230 --> 01:31:41,430
Thank you.

1788
01:31:41,430 --> 01:31:41,930
All right.

1789
01:31:41,930 --> 01:31:45,070


1790
01:31:45,070 --> 01:31:48,950
Pauline Hancock 644.

1791
01:31:48,950 --> 01:31:51,050
What has happened
to this democracy.

1792
01:31:51,050 --> 01:31:54,490
A government of the people, by
the people, and for the people,

1793
01:31:54,490 --> 01:31:56,910
as Lincoln stated in
the Gettysburg Address.

1794
01:31:56,910 --> 01:31:59,270
Are you listening to all
the people of emporia?

1795
01:31:59,270 --> 01:32:00,970
Is Emporia a democracy, or.

1796
01:32:00,970 --> 01:32:04,390
It has become an autocratic
where decisions are

1797
01:32:04,390 --> 01:32:07,190
imposed without public consent.

1798
01:32:07,190 --> 01:32:10,190
Why should five commissioners
make this decision

1799
01:32:10,190 --> 01:32:12,470
instead of having the
people of Emporia vote

1800
01:32:12,470 --> 01:32:16,190
on such a proposal
with this magnitude.

1801
01:32:16,190 --> 01:32:18,230
This decision does not
only affect the city

1802
01:32:18,230 --> 01:32:19,970
employee, but the whole County.

1803
01:32:19,970 --> 01:32:21,810
I've spoken to a lot
of people in Emporia,

1804
01:32:21,810 --> 01:32:24,910
in Lyon County that are
distressed by this issue,

1805
01:32:24,910 --> 01:32:26,990
since the neighboring
towns get their water

1806
01:32:26,990 --> 01:32:30,970
and electricity from employee,
directly or indirectly.

1807
01:32:30,970 --> 01:32:32,890
Your decisions could
affect their health

1808
01:32:32,890 --> 01:32:34,650
as well as their utility Bills.

1809
01:32:34,650 --> 01:32:37,090
You have deeply upset a
lot of people far and wide

1810
01:32:37,090 --> 01:32:41,050
in the community, with the
possibility of this data center

1811
01:32:41,050 --> 01:32:43,350
as landowners adjacent
to these plots,

1812
01:32:43,350 --> 01:32:45,370
we have done nothing
wrong and are

1813
01:32:45,370 --> 01:32:48,730
having to fight for the
right to keep our homes safe.

1814
01:32:48,730 --> 01:32:51,970
These are not just
houses, they are homes.

1815
01:32:51,970 --> 01:32:55,170
You have robbed my time as
well as my fellow landowners

1816
01:32:55,170 --> 01:32:57,730
this summer because of
what you are proposing.

1817
01:32:57,730 --> 01:32:59,570
I have no voice in this city.

1818
01:32:59,570 --> 01:33:02,570
But you were elected to
represent the people of Pawnee.

1819
01:33:02,570 --> 01:33:04,010
Are you listening.

1820
01:33:04,010 --> 01:33:07,210
Are you using this position
as leaders of integrity

1821
01:33:07,210 --> 01:33:11,050
and representing the
wishes of the constituents.

1822
01:33:11,050 --> 01:33:14,090
Are you listening with
open minds and hearts.

1823
01:33:14,090 --> 01:33:16,210
Can you assure us
that the data center

1824
01:33:16,210 --> 01:33:18,830
will not affect the water.

1825
01:33:18,830 --> 01:33:20,330
Even the governor
Kelly has addressed

1826
01:33:20,330 --> 01:33:22,730
the problem of insufficient
water in Kansas.

1827
01:33:22,730 --> 01:33:25,010
Can you assure us that the
noise from the data center

1828
01:33:25,010 --> 01:33:27,120
will not harm our.

1829
01:33:27,120 --> 01:33:29,280
Our life, our animals and us.

1830
01:33:29,280 --> 01:33:32,400
And what about the emissions
and the air that we breathe

1831
01:33:32,400 --> 01:33:34,940
and the effects of the
economic ecosystem.

1832
01:33:34,940 --> 01:33:40,280
By taking out 100 or 1,000
acres of mostly Native prairie.

1833
01:33:40,280 --> 01:33:42,040
Please override
these recommendations

1834
01:33:42,040 --> 01:33:45,920
and stop it now until we have
the assurances that we need.

1835
01:33:45,920 --> 01:33:48,940
I pray that you will,
with a clear conscience,

1836
01:33:48,940 --> 01:33:52,420
you can vote and hold these, and
you will be held accountable.

1837
01:33:52,420 --> 01:33:55,560
Thank you.

1838
01:33:55,560 --> 01:33:57,160
That's it.

1839
01:33:57,160 --> 01:33:58,720
Go once.

1840
01:33:58,720 --> 01:34:00,660
Twice then.

1841
01:34:00,660 --> 01:34:02,460
OK we'll move on to our agenda.

1842
01:34:02,460 --> 01:34:07,360


1843
01:34:07,360 --> 01:34:10,840
First up is resolution 3795,
adopting a large volume

1844
01:34:10,840 --> 01:34:14,440
water service policy.

1845
01:34:14,440 --> 01:34:17,840
Thank you, Madam Mayor
and commissioners.

1846
01:34:17,840 --> 01:34:21,200
This is the first
of two policies

1847
01:34:21,200 --> 01:34:22,820
for your consideration today.

1848
01:34:22,820 --> 01:34:28,750
And it is part of the framework
and structure that you have

1849
01:34:28,750 --> 01:34:33,910
rightfully undertaken to ensure
that as development and industry

1850
01:34:33,910 --> 01:34:37,910
approaches the community
for opportunities

1851
01:34:37,910 --> 01:34:43,670
to help Emporia grow, we can
ensure that we're safeguarding

1852
01:34:43,670 --> 01:34:49,310
our resources, both the capacity
that we have to serve, but also

1853
01:34:49,310 --> 01:34:54,030
to serve the community,
and additional growth

1854
01:34:54,030 --> 01:34:57,930
and development to keep a
diversified economic base.

1855
01:34:57,930 --> 01:34:59,090
Can I stop you right there.

1856
01:34:59,090 --> 01:35:03,290
Can you please reiterate this is
long overdue for the whole city.

1857
01:35:03,290 --> 01:35:05,930
This has nothing to do
with East, Northwest.

1858
01:35:05,930 --> 01:35:09,150
This has to do with consumption
for a very long time

1859
01:35:09,150 --> 01:35:13,950
and capacity of both your water
and your wastewater systems,

1860
01:35:13,950 --> 01:35:19,510
so that you can prudently plan
and ensure that as industry

1861
01:35:19,510 --> 01:35:23,390
approaches the community,
we're not overcommitting

1862
01:35:23,390 --> 01:35:26,690
and we're also
structuring it in a way

1863
01:35:26,690 --> 01:35:32,090
that with this first item here,
we have 12 specific references

1864
01:35:32,090 --> 01:35:35,530
that discusses
infrastructure allocation

1865
01:35:35,530 --> 01:35:38,330
and safeguarding the
existing ratepayers to where

1866
01:35:38,330 --> 01:35:42,130
the benefiting applicant or
large volume user, whether it's

1867
01:35:42,130 --> 01:35:46,530
water or wastewater,
is not the one paying

1868
01:35:46,530 --> 01:35:50,210
for these improvements, but
the benefiting customer who's

1869
01:35:50,210 --> 01:35:52,130
doing so.

1870
01:35:52,130 --> 01:35:56,210
So what we have here is
proposed resolution 3 3795

1871
01:35:56,210 --> 01:36:00,450
adopting a large volume
water service policy.

1872
01:36:00,450 --> 01:36:02,650
The purpose, again,
is to establish

1873
01:36:02,650 --> 01:36:07,690
a comprehensive framework so
that we can evaluate and assess

1874
01:36:07,690 --> 01:36:13,370
these large users and to
develop a consistent framework

1875
01:36:13,370 --> 01:36:16,670
that aligns with
industry best practices.

1876
01:36:16,670 --> 01:36:17,850
Kansas law.

1877
01:36:17,850 --> 01:36:22,370
And it's been developed
through and refined

1878
01:36:22,370 --> 01:36:26,440
by multiple appearances
before you, most recently

1879
01:36:26,440 --> 01:36:29,360
at the July 1 meeting.

1880
01:36:29,360 --> 01:36:32,580
This proposal provides
a framework that.

1881
01:36:32,580 --> 01:36:35,520


1882
01:36:35,520 --> 01:36:41,240
Puts the existing utility first,
and safeguarding our resources

1883
01:36:41,240 --> 01:36:44,880
and our existing
economic rate paying base

1884
01:36:44,880 --> 01:36:48,520
as our primary foundation.

1885
01:36:48,520 --> 01:36:51,880
So we're recommending that you
consider the proposed policy

1886
01:36:51,880 --> 01:36:54,680
and this resolution
adopting the large volume

1887
01:36:54,680 --> 01:36:58,920
water service policy that
establishes this framework.

1888
01:36:58,920 --> 01:37:01,920
And so it also
provides consistency

1889
01:37:01,920 --> 01:37:04,120
and uniformity so
that we're not just

1890
01:37:04,120 --> 01:37:07,160
having an ad hoc consideration.

1891
01:37:07,160 --> 01:37:10,480
And it ensures that
it's uniformly applied.

1892
01:37:10,480 --> 01:37:17,360
And that we are able to
also specifically address

1893
01:37:17,360 --> 01:37:23,180
each individual industry because
each is a unique contributor

1894
01:37:23,180 --> 01:37:25,420
to the wastewater
system, as each

1895
01:37:25,420 --> 01:37:30,620
is a unique draw from our
existing water utility usage.

1896
01:37:30,620 --> 01:37:34,100
So we have to look at
everything in totality.

1897
01:37:34,100 --> 01:37:37,140
And that's what this framework
before you for the water

1898
01:37:37,140 --> 01:37:39,720
and the wastewater
coming up does.

1899
01:37:39,720 --> 01:37:43,860


1900
01:37:43,860 --> 01:37:46,500
Simply put, these two
sentences give you

1901
01:37:46,500 --> 01:37:48,520
a summary of what
that policy does,

1902
01:37:48,520 --> 01:37:50,280
which again is that framework.

1903
01:37:50,280 --> 01:37:53,580
It protects the financial
stability of our existing

1904
01:37:53,580 --> 01:37:56,140
utility, provides
operational reliability

1905
01:37:56,140 --> 01:37:57,940
to our existing customers.

1906
01:37:57,940 --> 01:38:00,340
It conforms with our
legal and regulatory

1907
01:38:00,340 --> 01:38:04,540
as well as providing
for long term planning.

1908
01:38:04,540 --> 01:38:07,540
And it's through individual
service agreements

1909
01:38:07,540 --> 01:38:10,900
or with full cost recovery,
financial assurances

1910
01:38:10,900 --> 01:38:15,300
and requirements that has
whether it's phased or in one

1911
01:38:15,300 --> 01:38:19,700
fell swoop, that clearly has
an administrative framework

1912
01:38:19,700 --> 01:38:24,050
and in an analysis complete
with engineering assessments.

1913
01:38:24,050 --> 01:38:29,110
Large scale impacts from
both the initial proposal.

1914
01:38:29,110 --> 01:38:32,270
But if it's a campus
or phased development,

1915
01:38:32,270 --> 01:38:35,230
you're taking that in
totality going forward.

1916
01:38:35,230 --> 01:38:39,490
And we're also ensuring that the
service demands are not shifted

1917
01:38:39,490 --> 01:38:43,850
or allocated the burdens
of serving these customers

1918
01:38:43,850 --> 01:38:46,350
to our existing
utility customer base.

1919
01:38:46,350 --> 01:38:50,530
Again, this is reiterated
at least 12 instances

1920
01:38:50,530 --> 01:38:53,610
in your water policy here.

1921
01:38:53,610 --> 01:38:54,630
So the purpose.

1922
01:38:54,630 --> 01:38:56,630
And again establishes
this framework.

1923
01:38:56,630 --> 01:38:57,670
And why do we have that.

1924
01:38:57,670 --> 01:39:00,050
Because it's the
foundation that ensures

1925
01:39:00,050 --> 01:39:03,170
that these large projects
are evaluated consistently

1926
01:39:03,170 --> 01:39:05,930
and fairly, while
preventing financial burdens

1927
01:39:05,930 --> 01:39:07,330
or operational
impacts that could

1928
01:39:07,330 --> 01:39:11,490
be detrimental to serving
our existing customer base

1929
01:39:11,490 --> 01:39:16,490
or providing long term
burden to the utility.

1930
01:39:16,490 --> 01:39:17,110
Oops, sorry.

1931
01:39:17,110 --> 01:39:17,910
Phase two.

1932
01:39:17,910 --> 01:39:20,870


1933
01:39:20,870 --> 01:39:29,770
OK Section 3 is
the applicability.

1934
01:39:29,770 --> 01:39:34,950
And it provides
the standards that

1935
01:39:34,950 --> 01:39:38,710
allow for us to consistently
administer the policy

1936
01:39:38,710 --> 01:39:41,470
and preserve flexibility to
these individual projects

1937
01:39:41,470 --> 01:39:44,490
that we discussed
in our item kickoff.

1938
01:39:44,490 --> 01:39:47,950


1939
01:39:47,950 --> 01:39:53,470
We have a classification rate
structure that is individualized

1940
01:39:53,470 --> 01:39:55,490
in our individual
service agreements,

1941
01:39:55,490 --> 01:39:58,150
with a cost of
service rate basis

1942
01:39:58,150 --> 01:40:01,750
that will recover all of these
direct and indirect costs.

1943
01:40:01,750 --> 01:40:06,070
And we have that because again,
protects our existing utility

1944
01:40:06,070 --> 01:40:08,710
customers by ensuring that
growth pays for growth

1945
01:40:08,710 --> 01:40:13,750
and that the beneficiary,
benefiting applicant or industry

1946
01:40:13,750 --> 01:40:16,010
will be the one paying for it.

1947
01:40:16,010 --> 01:40:19,180
So we're minimizing and
reducing, if not completely

1948
01:40:19,180 --> 01:40:20,400
removing any sort of.

1949
01:40:20,400 --> 01:40:23,500
Subsidization of
that infrastructure.

1950
01:40:23,500 --> 01:40:28,060
And that is, again
reflected in these rates.

1951
01:40:28,060 --> 01:40:32,740
And should have
little to no impact

1952
01:40:32,740 --> 01:40:35,120
on our existing customers.

1953
01:40:35,120 --> 01:40:38,900
Other than that we are widening
the base, which overall in time

1954
01:40:38,900 --> 01:40:43,860
tends to reduce costs
to existing stakeholders

1955
01:40:43,860 --> 01:40:47,060
or customers in the system.

1956
01:40:47,060 --> 01:40:49,680
Section 5 addresses our
water service agreements,

1957
01:40:49,680 --> 01:40:52,660
and that requires that
every large volume

1958
01:40:52,660 --> 01:40:55,780
customer that meets that
criteria in applicability

1959
01:40:55,780 --> 01:40:57,380
has one of these.

1960
01:40:57,380 --> 01:40:59,940
It establishes the
service commitments,

1961
01:40:59,940 --> 01:41:02,860
the duration of our contracts,
the minimum monthly billing

1962
01:41:02,860 --> 01:41:04,220
obligations.

1963
01:41:04,220 --> 01:41:06,860
And it also addresses
phase development

1964
01:41:06,860 --> 01:41:08,820
provisions should they apply.

1965
01:41:08,820 --> 01:41:12,340
And then if there are unique
or specific provisions that

1966
01:41:12,340 --> 01:41:15,640
need to be addressed, it's
also included at that time,

1967
01:41:15,640 --> 01:41:21,520
and we have a minimum contract
term of not less than 10 years.

1968
01:41:21,520 --> 01:41:26,040
And I say or longer, because
oftentimes you have a 20 year

1969
01:41:26,040 --> 01:41:30,680
debt obligation related
to the financing

1970
01:41:30,680 --> 01:41:32,360
of public improvements.

1971
01:41:32,360 --> 01:41:34,660
And so that's why
we have that there.

1972
01:41:34,660 --> 01:41:37,640
And then we have a minimum
monthly billing allocation

1973
01:41:37,640 --> 01:41:40,600
that shows that 75% of
that baseline commitment

1974
01:41:40,600 --> 01:41:42,380
will be addressed.

1975
01:41:42,380 --> 01:41:45,160
And then we also have the
flexibility of the commission

1976
01:41:45,160 --> 01:41:47,220
to be able to tweak
or to waive that,

1977
01:41:47,220 --> 01:41:50,340
because there are some
unique instances where say,

1978
01:41:50,340 --> 01:41:53,340
that 10 year time frame
may not necessarily fit.

1979
01:41:53,340 --> 01:41:57,520
So we wanted to again, not
have a cookie cutter approach,

1980
01:41:57,520 --> 01:41:59,960
but give us a standardization
of the process

1981
01:41:59,960 --> 01:42:04,840
and still afford
flexibility as we're

1982
01:42:04,840 --> 01:42:09,660
able to meet the needs
of our existing payers,

1983
01:42:09,660 --> 01:42:12,160
but also the ratepayers
that in industries

1984
01:42:12,160 --> 01:42:14,590
that are coming on board.

1985
01:42:14,590 --> 01:42:16,590
And this is one
that I know we've

1986
01:42:16,590 --> 01:42:18,550
talked about quite
a bit in section

1987
01:42:18,550 --> 01:42:21,270
6, which is our
infrastructure and our capital

1988
01:42:21,270 --> 01:42:22,790
cost responsibility.

1989
01:42:22,790 --> 01:42:25,710
And that's where we're actually
requiring the customers to fund

1990
01:42:25,710 --> 01:42:28,770
the infrastructure that
serves their development,

1991
01:42:28,770 --> 01:42:30,430
and assigning that
responsibility

1992
01:42:30,430 --> 01:42:32,470
to those privately
owned facilities

1993
01:42:32,470 --> 01:42:36,430
and defining the ownership as
far as what's public utilities

1994
01:42:36,430 --> 01:42:39,010
versus the private beneficiary.

1995
01:42:39,010 --> 01:42:42,790
And this makes certain that
project specific capital cost

1996
01:42:42,790 --> 01:42:45,370
is financed by those benefiting.

1997
01:42:45,370 --> 01:42:49,110
So it's further protecting
the existing customers

1998
01:42:49,110 --> 01:42:58,670
and our utility finances so that
we're able to forego or minimize

1999
01:42:58,670 --> 01:43:00,510
the incremental cost.

2000
01:43:00,510 --> 01:43:05,190
The inflationary costs that
occur across time that do cause

2001
01:43:05,190 --> 01:43:10,350
for are necessary for cause for
increases in our utility rates

2002
01:43:10,350 --> 01:43:11,310
over time.

2003
01:43:11,310 --> 01:43:15,770
So we're minimizing
that impact as well.

2004
01:43:15,770 --> 01:43:18,290
And again, the financial
assurance and entity

2005
01:43:18,290 --> 01:43:21,490
responsibility or
responsibility.

2006
01:43:21,490 --> 01:43:27,170
And that's where
we're performing

2007
01:43:27,170 --> 01:43:32,530
detailed financial analysis and
getting security whether it's

2008
01:43:32,530 --> 01:43:36,970
through performance bonds.

2009
01:43:36,970 --> 01:43:40,890
Different aspects
to secure it as eyes

2010
01:43:40,890 --> 01:43:45,250
the cost of the improvements
that we're making to our system

2011
01:43:45,250 --> 01:43:47,770
so that we're essentially
holding collateral

2012
01:43:47,770 --> 01:43:51,930
to be able to ensure that
the city is made whole

2013
01:43:51,930 --> 01:43:55,090
in the event of some
sort of default.

2014
01:43:55,090 --> 01:44:00,930
So this requires
minimizing our exposure

2015
01:44:00,930 --> 01:44:04,310
and reduces that potential
long term impact.

2016
01:44:04,310 --> 01:44:07,530


2017
01:44:07,530 --> 01:44:12,380
Early termination and default.
This is standard language,

2018
01:44:12,380 --> 01:44:15,040
and it essentially protects
the city's investment

2019
01:44:15,040 --> 01:44:19,020
by providing the
process that we utilize,

2020
01:44:19,020 --> 01:44:23,760
which is, of course, Kansas
law for how this would occur,

2021
01:44:23,760 --> 01:44:25,500
assignability, et cetera.

2022
01:44:25,500 --> 01:44:29,000


2023
01:44:29,000 --> 01:44:32,660
Item is our system
capacity review,

2024
01:44:32,660 --> 01:44:36,720
and that's where we
talk about if we have

2025
01:44:36,720 --> 01:44:41,960
a 15 million gallon a
day water treatment plant

2026
01:44:41,960 --> 01:44:45,720
and we currently are using 10.

2027
01:44:45,720 --> 01:44:50,760
Do we then have an industry
that comes in, even if it's not

2028
01:44:50,760 --> 01:44:56,360
five or more, if it would cause
significant inflow or the need

2029
01:44:56,360 --> 01:44:57,860
to have additional production.

2030
01:44:57,860 --> 01:45:00,240
And at that point, if
we're taking our reserve

2031
01:45:00,240 --> 01:45:04,400
or when Jack was giving the
analysis in our last study

2032
01:45:04,400 --> 01:45:06,240
session of a
tachometer, where you've

2033
01:45:06,240 --> 01:45:09,820
got your green and your
yellow, low orange and red.

2034
01:45:09,820 --> 01:45:11,780
So we want to make
sure that we're

2035
01:45:11,780 --> 01:45:14,900
avoiding that orange
and red and even getting

2036
01:45:14,900 --> 01:45:16,080
too far into the yellow.

2037
01:45:16,080 --> 01:45:20,060
So that's what this portion
of the system capacity

2038
01:45:20,060 --> 01:45:23,980
review analyzes and
assesses and requires us

2039
01:45:23,980 --> 01:45:27,500
to do by adopting this policy.

2040
01:45:27,500 --> 01:45:30,200
And then again,
conservation and efficiency.

2041
01:45:30,200 --> 01:45:35,540
This essentially says
that whether it's.

2042
01:45:35,540 --> 01:45:40,500
Curtailment or reduction,
we can apply that

2043
01:45:40,500 --> 01:45:43,220
to as we can across
the board if we're

2044
01:45:43,220 --> 01:45:46,420
in a Water Watch or
a water emergency

2045
01:45:46,420 --> 01:45:49,260
due to drought or whatever,
that they have to comply

2046
01:45:49,260 --> 01:45:52,420
with those provisions as well.

2047
01:45:52,420 --> 01:45:54,680
And then, of course,
reservation of rights.

2048
01:45:54,680 --> 01:45:56,680
And when you get into
these tail end things,

2049
01:45:56,680 --> 01:46:01,000
I'll defer to our city
attorney on these issues.

2050
01:46:01,000 --> 01:46:05,300
But this reduces our exposure
by giving us the ability

2051
01:46:05,300 --> 01:46:10,170
to have project specific
tailoring to ensure

2052
01:46:10,170 --> 01:46:12,650
that we're safeguarding
our ratepayers

2053
01:46:12,650 --> 01:46:15,250
and our public interests.

2054
01:46:15,250 --> 01:46:17,690
And just again,
provisions for flexibility

2055
01:46:17,690 --> 01:46:19,370
to obtain the
technical expertise

2056
01:46:19,370 --> 01:46:23,850
that we need in order to
study these applications that

2057
01:46:23,850 --> 01:46:25,130
come before us.

2058
01:46:25,130 --> 01:46:27,990
And then in section
7 of the policy,

2059
01:46:27,990 --> 01:46:31,370
it discusses how those costs
are apportioned and spread

2060
01:46:31,370 --> 01:46:35,830
so that the city itself
isn't incurring the costs,

2061
01:46:35,830 --> 01:46:43,490
but that of the applicant, who
is even a potential large volume

2062
01:46:43,490 --> 01:46:45,810
customer.

2063
01:46:45,810 --> 01:46:48,050
And then interpretation
is more legalese

2064
01:46:48,050 --> 01:46:51,290
as far as the
enforceability and how

2065
01:46:51,290 --> 01:46:54,670
we're applying those specific
provisions for federal,

2066
01:46:54,670 --> 01:46:58,410
state, and local law.

2067
01:46:58,410 --> 01:47:01,450
And what this shows, and we
showed you this in a couple

2068
01:47:01,450 --> 01:47:02,830
of our presentations.

2069
01:47:02,830 --> 01:47:06,720


2070
01:47:06,720 --> 01:47:08,120
And this top.

2071
01:47:08,120 --> 01:47:11,000
The top flowchart is
just a standard one

2072
01:47:11,000 --> 01:47:14,440
and done kind of application
for a single site.

2073
01:47:14,440 --> 01:47:15,660
And what that would do.

2074
01:47:15,660 --> 01:47:18,780
So we would have the application
receive that application.

2075
01:47:18,780 --> 01:47:21,860
We would then conduct
that capacity review,

2076
01:47:21,860 --> 01:47:26,720
that engineering analysis, as
well as the financial assurance

2077
01:47:26,720 --> 01:47:29,960
assurances and the
financial review,

2078
01:47:29,960 --> 01:47:33,620
taking that into the capacity,
developing a service agreement,

2079
01:47:33,620 --> 01:47:36,820
which is approved by
the commission and is,

2080
01:47:36,820 --> 01:47:42,600
again, something that
would be a public meeting.

2081
01:47:42,600 --> 01:47:45,400
And then the commission
would have approval

2082
01:47:45,400 --> 01:47:49,560
once the service
agreement is finalized, to

2083
01:47:49,560 --> 01:47:51,880
that unique, specific industry.

2084
01:47:51,880 --> 01:47:54,800
Now, the master plan
or the campus style

2085
01:47:54,800 --> 01:47:58,320
is one that once we
receive that, then

2086
01:47:58,320 --> 01:48:04,040
we have to look at each phase
and then that is evaluated.

2087
01:48:04,040 --> 01:48:09,280
Let's say we approve phase
I. Then at that point,

2088
01:48:09,280 --> 01:48:13,340
we would receive, say, a second
phase or a second new facility.

2089
01:48:13,340 --> 01:48:16,060
Then we take that
request and when

2090
01:48:16,060 --> 01:48:17,920
we're doing the
initial assessment,

2091
01:48:17,920 --> 01:48:20,540
we look at it in its totality.

2092
01:48:20,540 --> 01:48:23,340
And then we also look at
each of the individual phases

2093
01:48:23,340 --> 01:48:26,380
and components to serve
that and then compare

2094
01:48:26,380 --> 01:48:28,660
to that initial
baseline to say are

2095
01:48:28,660 --> 01:48:31,260
where we thought we would be.

2096
01:48:31,260 --> 01:48:32,000
Yes or no.

2097
01:48:32,000 --> 01:48:34,940
And of course, if
there's a variance why.

2098
01:48:34,940 --> 01:48:38,660
So this is just simply showing
that we are looking at each one

2099
01:48:38,660 --> 01:48:42,140
independently yet again in
totality, when we receive

2100
01:48:42,140 --> 01:48:48,220
that initial application and
review and then again update

2101
01:48:48,220 --> 01:48:51,140
that comprehensive review
of all of your phases

2102
01:48:51,140 --> 01:48:55,220
and then approve if we have
that sufficient capacity.

2103
01:48:55,220 --> 01:48:58,820
So we want to say to that
approval of a master plan

2104
01:48:58,820 --> 01:49:02,930
project doesn't reserve ultimate
build out capacity at all,

2105
01:49:02,930 --> 01:49:06,250
and future phases
do require that

2106
01:49:06,250 --> 01:49:07,950
updating that same financial.

2107
01:49:07,950 --> 01:49:09,810
Assessment and analysis
and the capacity

2108
01:49:09,810 --> 01:49:12,930
review for consideration
and approval by.

2109
01:49:12,930 --> 01:49:13,950
The governing body.

2110
01:49:13,950 --> 01:49:16,770


2111
01:49:16,770 --> 01:49:19,970
And why do we want
to have this policy.

2112
01:49:19,970 --> 01:49:23,530
Much of what Mayor Smith
asked at the beginning

2113
01:49:23,530 --> 01:49:24,910
of this item and that.

2114
01:49:24,910 --> 01:49:27,490
It protects the existing
utility customers.

2115
01:49:27,490 --> 01:49:32,230
It supports responsible,
prudent economic development,

2116
01:49:32,230 --> 01:49:36,090
protects our financial
integrity of our utility,

2117
01:49:36,090 --> 01:49:39,850
and preserves our system
capacity and reliability,

2118
01:49:39,850 --> 01:49:42,330
and provides fair and
equitable cost allocation

2119
01:49:42,330 --> 01:49:45,590
to both our existing
users and future users,

2120
01:49:45,590 --> 01:49:47,730
as well as the
applicant themselves.

2121
01:49:47,730 --> 01:49:50,490
And then, because it
is a public review

2122
01:49:50,490 --> 01:49:53,730
throughout the entire process,
and we forget too, that we have

2123
01:49:53,730 --> 01:49:57,930
a development process and
that zoning is actually

2124
01:49:57,930 --> 01:50:01,190
a preliminary step
in that process

2125
01:50:01,190 --> 01:50:06,630
before the actual decisions
and items start getting made.

2126
01:50:06,630 --> 01:50:08,950
And when you're looking at
commercial and industrial

2127
01:50:08,950 --> 01:50:13,710
development, zoning is something
that is in place before you even

2128
01:50:13,710 --> 01:50:20,170
approach or you are approached
by certain vendors and industry.

2129
01:50:20,170 --> 01:50:23,870
So they want to make sure
that is already in place.

2130
01:50:23,870 --> 01:50:28,150
So what we're doing here
is also improving not only

2131
01:50:28,150 --> 01:50:30,910
the consistency
and the uniformity,

2132
01:50:30,910 --> 01:50:39,270
but that transparency and a
solidarity in how we approach

2133
01:50:39,270 --> 01:50:42,310
each individual step
of that review process

2134
01:50:42,310 --> 01:50:45,110
so that it's uniform.

2135
01:50:45,110 --> 01:50:49,990
So what we're requesting is
that you consider approving

2136
01:50:49,990 --> 01:50:54,590
resolution 3795 for this
large volume of water service

2137
01:50:54,590 --> 01:50:57,290
policy that protects
the existing ratepayers,

2138
01:50:57,290 --> 01:51:00,620
strengthens the financial
stability and sustainability

2139
01:51:00,620 --> 01:51:04,200
of the city's water utility,
and preserves system capacity,

2140
01:51:04,200 --> 01:51:05,860
and provides for a
consistent framework

2141
01:51:05,860 --> 01:51:08,560
for supporting responsible,
prudent economic growth.

2142
01:51:08,560 --> 01:51:12,460


2143
01:51:12,460 --> 01:51:17,080
I'd like to make a motion to
approve resolution number 3795,

2144
01:51:17,080 --> 01:51:20,700
adopting the city of Emporia
large volume water service.

2145
01:51:20,700 --> 01:51:22,900
I second the motion and
a second for resolution

2146
01:51:22,900 --> 01:51:26,000
3795, adopting a large volume
of water service policy.

2147
01:51:26,000 --> 01:51:28,460
Any other questions for Brian.

2148
01:51:28,460 --> 01:51:29,860
Appreciate your work on this.

2149
01:51:29,860 --> 01:51:30,660
Thank you.

2150
01:51:30,660 --> 01:51:31,780
Good job.

2151
01:51:31,780 --> 01:51:34,380
It's been a team effort across
the board from the manager

2152
01:51:34,380 --> 01:51:34,920
on down.

2153
01:51:34,920 --> 01:51:38,740
And also would like to
thank our utility plants

2154
01:51:38,740 --> 01:51:42,900
Manager Jack Mason
who's also played.

2155
01:51:42,900 --> 01:51:45,900
Can you just hit on
what the existing

2156
01:51:45,900 --> 01:51:47,480
is with existing businesses.

2157
01:51:47,480 --> 01:51:50,780
This is only going to affect
new projects, new projects.

2158
01:51:50,780 --> 01:51:55,220
And in fact, we only have
one existing customer

2159
01:51:55,220 --> 01:51:56,980
that would even
qualify currently

2160
01:51:56,980 --> 01:52:01,200
and that customer is on its own
development agreement currently.

2161
01:52:01,200 --> 01:52:04,760
So this policy doesn't pertain.

2162
01:52:04,760 --> 01:52:09,360
But if they do come to us with
an expansion, which we know

2163
01:52:09,360 --> 01:52:12,440
is actually in
consideration, at least

2164
01:52:12,440 --> 01:52:17,540
conceptually, because they plan
years and decades in advance.

2165
01:52:17,540 --> 01:52:20,440
But having this on
the books already

2166
01:52:20,440 --> 01:52:21,820
is one of those reasons why.

2167
01:52:21,820 --> 01:52:24,800
Because this would pertain to
any sort of facility and they

2168
01:52:24,800 --> 01:52:26,180
could fall under this umbrella.

2169
01:52:26,180 --> 01:52:28,720
Correct yeah.

2170
01:52:28,720 --> 01:52:31,360
OK yeah.

2171
01:52:31,360 --> 01:52:34,380
It's been motion and
seconded for resolution 3795.

2172
01:52:34,380 --> 01:52:35,400
All in favor, say Aye.

2173
01:52:35,400 --> 01:52:37,440
Aye Motion passes 5 0.

2174
01:52:37,440 --> 01:52:38,300
All right you're up next.

2175
01:52:38,300 --> 01:52:39,260
37 96.

2176
01:52:39,260 --> 01:52:43,560
And this one will
be much more brief.

2177
01:52:43,560 --> 01:52:44,720
A lot more brevity.

2178
01:52:44,720 --> 01:52:47,440
I do want to say that
in this instance,

2179
01:52:47,440 --> 01:52:52,280
with respect to the wastewater
policy and resolution 3796,

2180
01:52:52,280 --> 01:53:00,470
this policy also has
that same safeguard for.

2181
01:53:00,470 --> 01:53:03,550
Call it equitable
payment of infrastructure

2182
01:53:03,550 --> 01:53:06,750
toward the benefiting user.

2183
01:53:06,750 --> 01:53:11,910
But we have it actually cited
15 different times in this one

2184
01:53:11,910 --> 01:53:13,690
in multiple sections.

2185
01:53:13,690 --> 01:53:17,730
So we want to reiterate that
is obviously being imperative.

2186
01:53:17,730 --> 01:53:22,870
And so what this policy does is
have a comprehensive governance

2187
01:53:22,870 --> 01:53:27,630
framework that evaluates the
impact of these large wastewater

2188
01:53:27,630 --> 01:53:28,130
users.

2189
01:53:28,130 --> 01:53:30,250
And we also want to
when we talk wastewater,

2190
01:53:30,250 --> 01:53:32,910
we often use the phrase
water and wastewater

2191
01:53:32,910 --> 01:53:36,870
because you have to have
water flow in order to be

2192
01:53:36,870 --> 01:53:38,550
able to process wastewater.

2193
01:53:38,550 --> 01:53:41,030
So we want to again, protect
the financial stability

2194
01:53:41,030 --> 01:53:46,850
of the utility, improve or
retain operational reliability,

2195
01:53:46,850 --> 01:53:50,390
conform to the legal and
also have our long term

2196
01:53:50,390 --> 01:53:52,450
sustainability, which
isn't just environmental,

2197
01:53:52,450 --> 01:53:57,050
it's also financial and being
good stewards for our time.

2198
01:53:57,050 --> 01:54:00,050
And so we do that through these
individual service agreements

2199
01:54:00,050 --> 01:54:02,530
with full cost
recovery and the items

2200
01:54:02,530 --> 01:54:06,090
that we discussed previously.

2201
01:54:06,090 --> 01:54:09,050
The purpose is the
same, and it benefits us

2202
01:54:09,050 --> 01:54:10,530
by preventing the
financial burdens

2203
01:54:10,530 --> 01:54:12,450
and operational impacts
from being transferred

2204
01:54:12,450 --> 01:54:14,690
to the existing ratepayer.

2205
01:54:14,690 --> 01:54:17,890
The legal sufficiency
and rate of authority

2206
01:54:17,890 --> 01:54:21,450
also reduces that same risk,
and clearly distinguishes

2207
01:54:21,450 --> 01:54:27,210
between the framework being
applied to the existing

2208
01:54:27,210 --> 01:54:31,810
user and their unique position,
while again safeguarding

2209
01:54:31,810 --> 01:54:35,010
the existing ratepayer.

2210
01:54:35,010 --> 01:54:41,530
This applies to applicants
for service or development

2211
01:54:41,530 --> 01:54:45,210
with an anticipated
wastewater flow.

2212
01:54:45,210 --> 01:54:49,010
Also look at and analyze the
discharge characteristics

2213
01:54:49,010 --> 01:54:51,090
of the industry.

2214
01:54:51,090 --> 01:54:53,680
What infrastructure
needs are required

2215
01:54:53,680 --> 01:54:56,600
to serve that industry,
both currently

2216
01:54:56,600 --> 01:54:59,300
as well as not just
new installation,

2217
01:54:59,300 --> 01:55:01,480
but the cost of maintenance.

2218
01:55:01,480 --> 01:55:06,280
And the system impact the
operational requirements for us

2219
01:55:06,280 --> 01:55:07,400
to meet that.

2220
01:55:07,400 --> 01:55:10,640
We also look at the potential
impact on our entire utility

2221
01:55:10,640 --> 01:55:15,640
system and also study that
financial wise and what

2222
01:55:15,640 --> 01:55:17,160
that cash flow look like.

2223
01:55:17,160 --> 01:55:19,680
And then pattern
that individualized

2224
01:55:19,680 --> 01:55:21,700
contractual arrangement
to meet that.

2225
01:55:21,700 --> 01:55:29,480
Because if we need to have
pretreatment or something that's

2226
01:55:29,480 --> 01:55:31,660
specific, that
requires extra steps,

2227
01:55:31,660 --> 01:55:36,040
and we want to make sure that
their rates that are developed

2228
01:55:36,040 --> 01:55:38,800
accommodate that so
that we're not creating

2229
01:55:38,800 --> 01:55:42,040
a deficit somewhere else.

2230
01:55:42,040 --> 01:55:44,480
The classification
as far as qualifying

2231
01:55:44,480 --> 01:55:47,920
to be this large volume
wastewater service customer,

2232
01:55:47,920 --> 01:55:51,660
it again, requires US individual
service agreement that's

2233
01:55:51,660 --> 01:55:55,660
approved by the governing
body in an open meeting,

2234
01:55:55,660 --> 01:55:58,660
and has those same
cost of service rate

2235
01:55:58,660 --> 01:56:01,700
protections to recover all
the direct and indirect costs

2236
01:56:01,700 --> 01:56:03,600
associated with
serving the customers.

2237
01:56:03,600 --> 01:56:06,300
And that is literally that
second half of the sentence

2238
01:56:06,300 --> 01:56:08,540
is lifted right out
of the agreement

2239
01:56:08,540 --> 01:56:12,320
that we're proposing for you.

2240
01:56:12,320 --> 01:56:16,120
And we look at
the impacts again,

2241
01:56:16,120 --> 01:56:21,540
but also we structure these
unique to that situation

2242
01:56:21,540 --> 01:56:24,360
so we can utilize that
volumetric wastewater,

2243
01:56:24,360 --> 01:56:26,340
the treatment
surcharges, strength

2244
01:56:26,340 --> 01:56:30,120
based inputs, the industrial
pretreatment fees, whatever.

2245
01:56:30,120 --> 01:56:33,380
We need to be able to ensure
that we're capturing that cost.

2246
01:56:33,380 --> 01:56:38,700
It's identified and relayed here
again, the service agreements,

2247
01:56:38,700 --> 01:56:42,540
it's based upon the anticipated
wastewater flow and discharge

2248
01:56:42,540 --> 01:56:44,580
characteristics of the project.

2249
01:56:44,580 --> 01:56:49,610
But we also again reflect
that same structure

2250
01:56:49,610 --> 01:56:51,870
from the water with
that 10 year minimum,

2251
01:56:51,870 --> 01:56:57,910
but also having it specific
to the project 6 again,

2252
01:56:57,910 --> 01:57:01,130
you've seen this before,
just a section to itself

2253
01:57:01,130 --> 01:57:03,610
for the cost and
the burden being

2254
01:57:03,610 --> 01:57:05,330
on the benefiting property.

2255
01:57:05,330 --> 01:57:08,770
Same financial assurances
that go into this.

2256
01:57:08,770 --> 01:57:14,050
And the requirements are again
with alignment in alignment

2257
01:57:14,050 --> 01:57:17,370
with our water policy.

2258
01:57:17,370 --> 01:57:19,910
Same with termination
system capacity review.

2259
01:57:19,910 --> 01:57:23,250
This is a little more nuanced
and complicated than the water,

2260
01:57:23,250 --> 01:57:26,770
in that we also have to look
at our water supply but also

2261
01:57:26,770 --> 01:57:28,530
the environmental impact.

2262
01:57:28,530 --> 01:57:32,750
And then what are the
unique characteristics,

2263
01:57:32,750 --> 01:57:36,290
whether it's PFAS or emerging
characteristics that we know

2264
01:57:36,290 --> 01:57:36,990
are coming down.

2265
01:57:36,990 --> 01:57:38,610
So we have the
flexibility in language

2266
01:57:38,610 --> 01:57:43,690
that if there are provisions
that come in that are affected

2267
01:57:43,690 --> 01:57:46,950
by an applicant that would say
approved 10 years previously,

2268
01:57:46,950 --> 01:57:48,840
and it's a 20 year agreement.

2269
01:57:48,840 --> 01:57:52,080
Then we can then
look at requiring

2270
01:57:52,080 --> 01:57:58,560
those changes or investments
to be made by that industry.

2271
01:57:58,560 --> 01:58:05,220
This again gets into authorizing
us to invoke conservation,

2272
01:58:05,220 --> 01:58:08,040
reuse, efficiency
measures, whether that's

2273
01:58:08,040 --> 01:58:10,720
industrial pretreatment
on site or just off site

2274
01:58:10,720 --> 01:58:13,180
in the right of way,
discharge permits,

2275
01:58:13,180 --> 01:58:15,560
compliance requirements.

2276
01:58:15,560 --> 01:58:17,520
The same thing that we were
talking about earlier, as far

2277
01:58:17,520 --> 01:58:19,680
as the PFAS, the
contaminants concerning

2278
01:58:19,680 --> 01:58:23,960
those emerging contaminants
of emerging concern.

2279
01:58:23,960 --> 01:58:30,360
We just tried to be as specific,
yet give us the ability

2280
01:58:30,360 --> 01:58:34,760
to be flexible because things
change over time and something

2281
01:58:34,760 --> 01:58:37,360
that is an issue now.

2282
01:58:37,360 --> 01:58:41,000
Folks were unaware of
what microplastics were 10

2283
01:58:41,000 --> 01:58:42,920
years ago, for the most part.

2284
01:58:42,920 --> 01:58:45,020
And now everyone's aware.

2285
01:58:45,020 --> 01:58:47,700


2286
01:58:47,700 --> 01:58:49,100
Reservation of rights.

2287
01:58:49,100 --> 01:58:51,540
These are all identical
to exactly what we covered

2288
01:58:51,540 --> 01:58:55,740
in our water, and showing
that this process is exactly

2289
01:58:55,740 --> 01:58:58,060
as the process that you
considered for the water

2290
01:58:58,060 --> 01:59:03,200
as well, that we look at
them both in totality,

2291
01:59:03,200 --> 01:59:05,560
but then standalone
for each phase,

2292
01:59:05,560 --> 01:59:08,780
without actually
reserving that ultimate

2293
01:59:08,780 --> 01:59:14,940
build out right for proposed
phases into the future.

2294
01:59:14,940 --> 01:59:17,980
Again, the same benefits,
and what we're requesting

2295
01:59:17,980 --> 01:59:22,440
is the adoption of
this resolution, 3796,

2296
01:59:22,440 --> 01:59:26,520
for the large volume
wastewater service policy.

2297
01:59:26,520 --> 01:59:29,860


2298
01:59:29,860 --> 01:59:34,200
I'll make a motion to approve
resolution number 3796,

2299
01:59:34,200 --> 01:59:37,540
adopting the large volume
waste service policy.

2300
01:59:37,540 --> 01:59:40,960
Second Motion and second
for resolution 3796,

2301
01:59:40,960 --> 01:59:43,160
adopting the large volume
wastewater service policy.

2302
01:59:43,160 --> 01:59:47,390
Any other questions
for right up to that.

2303
01:59:47,390 --> 01:59:50,790
I had a request for.

2304
01:59:50,790 --> 01:59:53,010
Can we take a break.

2305
01:59:53,010 --> 01:59:54,170
Yeah, sure.

2306
01:59:54,170 --> 01:59:59,450
How long do you need
for the rest 5 five.

2307
01:59:59,450 --> 02:00:01,190
Two 5 5 five.

2308
02:00:01,190 --> 02:00:01,910
Soon as we get back.

2309
02:00:01,910 --> 02:00:02,410
Five minutes.

2310
02:00:02,410 --> 02:00:04,010
We get back.

2311
02:00:04,010 --> 02:00:06,850
Go ahead.

2312
02:00:06,850 --> 02:00:07,910
That's for five minutes.

2313
02:00:07,910 --> 02:00:08,830
Seven minutes.

2314
02:00:08,830 --> 02:07:16,420
Second 102102102.

2315
02:07:16,420 --> 02:07:16,960
Up next.

2316
02:07:16,960 --> 02:07:20,540
Step three ordinance 2021
amending the zoning regulations.

2317
02:07:20,540 --> 02:07:27,540
Justin Bukowski, Mayor,
Mayor, if I may, before Justin

2318
02:07:27,540 --> 02:07:30,140
discusses the
ordinance, I'd like

2319
02:07:30,140 --> 02:07:33,130
to provide a brief overview
of the zoning matters that are

2320
02:07:33,130 --> 02:07:34,930
before the Commission today.

2321
02:07:34,930 --> 02:07:37,690
The commission is being asked
to consider three separate

2322
02:07:37,690 --> 02:07:40,810
but related land use
decisions concerning

2323
02:07:40,810 --> 02:07:42,970
digital infrastructure
development

2324
02:07:42,970 --> 02:07:44,850
or potential development.

2325
02:07:44,850 --> 02:07:50,590
Rather, the first ordinance
before you, ordinance 2621,

2326
02:07:50,590 --> 02:07:54,290
is a proposed text Amendment to
the city's zoning regulations

2327
02:07:54,290 --> 02:07:57,250
that would establish a
new digital infrastructure

2328
02:07:57,250 --> 02:08:01,430
overlay district under the
Kansas planning and zoning act.

2329
02:08:01,430 --> 02:08:05,690
The legislature has delegated
authority to adopt and amend

2330
02:08:05,690 --> 02:08:08,090
zoning regulations to
the city's governing

2331
02:08:08,090 --> 02:08:11,530
body, which in our case
is the city commission.

2332
02:08:11,530 --> 02:08:14,970
In developing the proposed
text Amendment, staff reviewed

2333
02:08:14,970 --> 02:08:17,830
the city's existing
land use regulations,

2334
02:08:17,830 --> 02:08:22,750
researched regulatory approaches
adopted by other jurisdictions,

2335
02:08:22,750 --> 02:08:25,950
consulted with utility
providers, developers,

2336
02:08:25,950 --> 02:08:28,290
other stakeholders
and the public,

2337
02:08:28,290 --> 02:08:31,000
and presented those
findings and recommendations

2338
02:08:31,000 --> 02:08:33,640
through the planning
commission process,

2339
02:08:33,640 --> 02:08:36,200
the planning commission
considered whether the city

2340
02:08:36,200 --> 02:08:38,520
should adopt
regulations specifically

2341
02:08:38,520 --> 02:08:41,900
addressing digital
infrastructure development.

2342
02:08:41,900 --> 02:08:46,420
Whether an overlay district is
the appropriate regulatory tool,

2343
02:08:46,420 --> 02:08:49,000
and what standards
and review procedures

2344
02:08:49,000 --> 02:08:51,360
those regulations
should include.

2345
02:08:51,360 --> 02:08:53,780
Following its review
and public hearing,

2346
02:08:53,780 --> 02:08:55,440
the planning
commission unanimously

2347
02:08:55,440 --> 02:08:59,360
recommended approval of the
proposed digital infrastructure

2348
02:08:59,360 --> 02:09:01,840
overlay district text Amendment.

2349
02:09:01,840 --> 02:09:04,000
The Commission's
role on this item

2350
02:09:04,000 --> 02:09:06,520
is to consider
that recommendation

2351
02:09:06,520 --> 02:09:10,040
and determine whether to adopt
the proposed text Amendment

2352
02:09:10,040 --> 02:09:12,440
establishing a
digital infrastructure

2353
02:09:12,440 --> 02:09:16,620
overlay district under the
Kansas planning and zoning act.

2354
02:09:16,620 --> 02:09:18,520
The commission may
approve the planning

2355
02:09:18,520 --> 02:09:23,020
Commission's recommendation by
a simple majority vote override,

2356
02:09:23,020 --> 02:09:26,920
or modify the recommendation
by a 2/3 majority vote.

2357
02:09:26,920 --> 02:09:29,920
Return the proposed Amendment
to the planning commission,

2358
02:09:29,920 --> 02:09:33,020
stating the reasons for
doing so or table the matter

2359
02:09:33,020 --> 02:09:34,940
for later consideration.

2360
02:09:34,940 --> 02:09:38,620
I would also like to note that
a valid zoning protest petition

2361
02:09:38,620 --> 02:09:43,100
has been filed with respect
to the rezoning requests that

2362
02:09:43,100 --> 02:09:46,940
followed this item, including
request to rezone tracks 1

2363
02:09:46,940 --> 02:09:50,340
through 11 and apply
the proposed overlay

2364
02:09:50,340 --> 02:09:52,340
district to those properties.

2365
02:09:52,340 --> 02:09:56,220
But the protest petition does
not apply to the proposed text

2366
02:09:56,220 --> 02:09:59,540
Amendment before you
now, staff will address

2367
02:09:59,540 --> 02:10:02,580
the procedural effects
of that petition

2368
02:10:02,580 --> 02:10:05,060
and the applicable
voting requirements

2369
02:10:05,060 --> 02:10:07,580
when we reach
those agenda items.

2370
02:10:07,580 --> 02:10:11,740
And with that overview, I'll
turn it over to Mr. Gibbons.

2371
02:10:11,740 --> 02:10:12,400
All right.

2372
02:10:12,400 --> 02:10:14,140
Sorry that's OK.

2373
02:10:14,140 --> 02:10:16,580
I don't mind being stolen.

2374
02:10:16,580 --> 02:10:18,320
Good morning or good afternoon.

2375
02:10:18,320 --> 02:10:19,620
Mayor and city
commissioner Justin

2376
02:10:19,620 --> 02:10:22,700
Gibbons, Director of building
and neighborhood development.

2377
02:10:22,700 --> 02:10:25,020
The item before you is a
proposed text Amendment

2378
02:10:25,020 --> 02:10:27,690
to establish Atlas
digital infrastructure

2379
02:10:27,690 --> 02:10:30,130
overlay district or dio.

2380
02:10:30,130 --> 02:10:32,870
At the June 23 and June
30 special meetings,

2381
02:10:32,870 --> 02:10:35,790
the planning commission held
the required public hearing,

2382
02:10:35,790 --> 02:10:38,770
discussed, and ultimately
unanimously approved

2383
02:10:38,770 --> 02:10:40,970
a recommendation for
adoption to the governing

2384
02:10:40,970 --> 02:10:44,330
body to address the proposed
digital infrastructure

2385
02:10:44,330 --> 02:10:45,590
overlay itself.

2386
02:10:45,590 --> 02:10:47,810
We've broken it down
to dio standards

2387
02:10:47,810 --> 02:10:51,110
into four basic sections
studies and plans,

2388
02:10:51,110 --> 02:10:53,710
site design standards,
development agreements,

2389
02:10:53,710 --> 02:10:56,390
and protection of
adjacent property.

2390
02:10:56,390 --> 02:11:00,210
The DA proposal establishes
additional layers

2391
02:11:00,210 --> 02:11:03,570
of review in areas where
industrial development is

2392
02:11:03,570 --> 02:11:04,910
contemplated.

2393
02:11:04,910 --> 02:11:07,410
Under this approach, future
development proposals

2394
02:11:07,410 --> 02:11:11,130
would be reviewed under both
the underlying zoning district

2395
02:11:11,130 --> 02:11:13,930
requirements and the
supplemental requirements

2396
02:11:13,930 --> 02:11:15,650
of the overlay district.

2397
02:11:15,650 --> 02:11:18,650
The proposed text Amendment
would establish a review process

2398
02:11:18,650 --> 02:11:21,890
and development standards
applicable to future digital

2399
02:11:21,890 --> 02:11:23,810
infrastructure projects.

2400
02:11:23,810 --> 02:11:26,850
The ordinance defines
digital infrastructure uses,

2401
02:11:26,850 --> 02:11:28,970
identifies where
they may be located,

2402
02:11:28,970 --> 02:11:31,990
defines the accessory
infrastructure commonly

2403
02:11:31,990 --> 02:11:35,190
associated with those uses,
and establishes operational

2404
02:11:35,190 --> 02:11:37,390
standards for those systems.

2405
02:11:37,390 --> 02:11:39,830
Depending on the nature
and scope of the proposed

2406
02:11:39,830 --> 02:11:42,110
development, applicants
will be required

2407
02:11:42,110 --> 02:11:45,310
to submit a utility
infrastructure plan and utility

2408
02:11:45,310 --> 02:11:47,150
provider documentation.

2409
02:11:47,150 --> 02:11:49,190
Waste and wastewater.

2410
02:11:49,190 --> 02:11:51,050
Water and wastewater
service agreements.

2411
02:11:51,050 --> 02:11:54,870
Backup power generation and
emergency operation plans.

2412
02:11:54,870 --> 02:11:56,490
Emergency response plans.

2413
02:11:56,490 --> 02:11:58,190
Traffic impact studies.

2414
02:11:58,190 --> 02:12:00,010
Acoustical impact studies.

2415
02:12:00,010 --> 02:12:01,870
Environmental studies.

2416
02:12:01,870 --> 02:12:04,290
E-waste or electronic
waste management plan.

2417
02:12:04,290 --> 02:12:06,030
Construction management plan.

2418
02:12:06,030 --> 02:12:07,290
Outdoor lighting plans.

2419
02:12:07,290 --> 02:12:09,310
Landscaping and buffering plans.

2420
02:12:09,310 --> 02:12:12,990
Facility transition plans to
address addressing future reuse

2421
02:12:12,990 --> 02:12:15,450
and decommissioning
and other studies,

2422
02:12:15,450 --> 02:12:18,350
and supporting information
reasonably necessary

2423
02:12:18,350 --> 02:12:22,470
to develop each or to
evaluate each proposal.

2424
02:12:22,470 --> 02:12:24,500
Collectively, these
materials are intended

2425
02:12:24,500 --> 02:12:27,260
to provide technical information
necessary for the city

2426
02:12:27,260 --> 02:12:29,800
to evaluate a proposal
for development.

2427
02:12:29,800 --> 02:12:31,780
Approvals are considered.

2428
02:12:31,780 --> 02:12:33,740
The proposal also
requires development

2429
02:12:33,740 --> 02:12:36,820
agreements for future digital
infrastructure projects.

2430
02:12:36,820 --> 02:12:40,160
The development agreements,
while not commonly used,

2431
02:12:40,160 --> 02:12:42,900
are not specifically
required under existing

2432
02:12:42,900 --> 02:12:44,560
industrial zoning districts.

2433
02:12:44,560 --> 02:12:45,880
This brings that into.

2434
02:12:45,880 --> 02:12:47,160
As a requirement.

2435
02:12:47,160 --> 02:12:49,100
The development agreement
provides a mechanism

2436
02:12:49,100 --> 02:12:52,180
for incorporating project
specific obligations that

2437
02:12:52,180 --> 02:12:54,380
are difficult to address
solely in a zoning

2438
02:12:54,380 --> 02:12:57,040
ordinance, such as
infrastructure improvements,

2439
02:12:57,040 --> 02:13:00,620
operational commitments,
mitigation measures, monitoring

2440
02:13:00,620 --> 02:13:04,480
requirements requirements,
financial assurances,

2441
02:13:04,480 --> 02:13:06,740
and other relevant conditions.

2442
02:13:06,740 --> 02:13:09,420
Finally, the ordinance
establishes enhanced development

2443
02:13:09,420 --> 02:13:12,340
standards and intended
to promote compatibility

2444
02:13:12,340 --> 02:13:16,100
with surrounding properties and
sensitive adjoining uses for the

2445
02:13:16,100 --> 02:13:17,760
purposes of the text Amendment.

2446
02:13:17,760 --> 02:13:21,340
Sensitive adjoining uses include
property where residential uses

2447
02:13:21,340 --> 02:13:24,520
are permitted, as well as
schools, parks, publicly owned

2448
02:13:24,520 --> 02:13:28,020
recreational facilities, medical
facilities, places of worship,

2449
02:13:28,020 --> 02:13:29,240
and cemeteries.

2450
02:13:29,240 --> 02:13:32,280
The compatibility standards
include berming buffering, noise

2451
02:13:32,280 --> 02:13:34,960
limits, outdoor lighting
requirements, screening

2452
02:13:34,960 --> 02:13:38,280
of operational infrastructure,
ongoing maintenance requirements

2453
02:13:38,280 --> 02:13:41,760
intended to reduce potential
impacts on those adjoining uses

2454
02:13:41,760 --> 02:13:44,120
while allowing
flexibility to address

2455
02:13:44,120 --> 02:13:48,600
site specific conditions through
the development review process.

2456
02:13:48,600 --> 02:13:53,080
Digital infrastructure overlays
are only allowed in property

2457
02:13:53,080 --> 02:13:55,160
on property zoned,
heavy industrial, light

2458
02:13:55,160 --> 02:13:57,600
industrial or industrial flex.

2459
02:13:57,600 --> 02:14:00,040
This reflects that digital
infrastructure facilities

2460
02:14:00,040 --> 02:14:03,560
typically involve large
buildings, substantial utility

2461
02:14:03,560 --> 02:14:05,660
infrastructure,
mechanical equipment,

2462
02:14:05,660 --> 02:14:09,360
limited public access, and
operational characteristics that

2463
02:14:09,360 --> 02:14:11,960
are generally more consistent
with industrial development

2464
02:14:11,960 --> 02:14:15,120
than commercial or public uses.

2465
02:14:15,120 --> 02:14:18,300
Within industrial flex
require an additional step,

2466
02:14:18,300 --> 02:14:21,270
requiring a planned unit
development to help increase

2467
02:14:21,270 --> 02:14:22,970
the protections
of the sensitive.

2468
02:14:22,970 --> 02:14:24,710
Adjacent areas.

2469
02:14:24,710 --> 02:14:26,750
Again, these dio
requirements are

2470
02:14:26,750 --> 02:14:29,510
in addition to not in place of.

2471
02:14:29,510 --> 02:14:32,750
The city's existing
development review process.

2472
02:14:32,750 --> 02:14:35,550
Future projects would still be
subject to the applicable site

2473
02:14:35,550 --> 02:14:36,530
plan review.

2474
02:14:36,530 --> 02:14:37,690
Building permits.

2475
02:14:37,690 --> 02:14:39,530
Stormwater management
requirements.

2476
02:14:39,530 --> 02:14:40,730
Utility review.

2477
02:14:40,730 --> 02:14:44,390
Fire and life safety review and
other permitting and regulatory

2478
02:14:44,390 --> 02:14:46,830
requirements that
apply under the city's

2479
02:14:46,830 --> 02:14:51,110
zoning and subdivision
regulations and adopted codes.

2480
02:14:51,110 --> 02:14:54,390
The proposed text Amendment has
evolved throughout the process

2481
02:14:54,390 --> 02:14:57,510
based on input from city staff,
planning commission, property

2482
02:14:57,510 --> 02:14:59,890
owners, developers,
utility providers,

2483
02:14:59,890 --> 02:15:01,310
and members of the public.

2484
02:15:01,310 --> 02:15:03,990
The revisions reflect many
of the questions and concerns

2485
02:15:03,990 --> 02:15:06,070
raised during that
process, including

2486
02:15:06,070 --> 02:15:08,330
expanding the development
review requirements,

2487
02:15:08,330 --> 02:15:10,370
clarifying
operational standards,

2488
02:15:10,370 --> 02:15:13,050
strengthening development
agreement provisions,

2489
02:15:13,050 --> 02:15:14,930
refining compatibility
standards,

2490
02:15:14,930 --> 02:15:17,310
and improving the
overall organization

2491
02:15:17,310 --> 02:15:19,490
and clarity of the ordinance.

2492
02:15:19,490 --> 02:15:25,170
And with that, I will answer
any questions you might have.

2493
02:15:25,170 --> 02:15:28,770
I'd like to make a motion to
approve ordinance number 2621,

2494
02:15:28,770 --> 02:15:31,770
amending the zoning regulations
by adding new sections

2495
02:15:31,770 --> 02:15:35,850
8.10 establishing a
digital infrastructure

2496
02:15:35,850 --> 02:15:40,050
overlay district second.

2497
02:15:40,050 --> 02:15:41,990
Motion and a second
ordinance 2621.

2498
02:15:41,990 --> 02:15:43,770
Amending the zoning
regulations by adding

2499
02:15:43,770 --> 02:15:49,430
section 8.1 establishing digital
infrastructure overlay district.

2500
02:15:49,430 --> 02:15:50,630
Any other discussion.

2501
02:15:50,630 --> 02:15:53,610
I have some discussion.

2502
02:15:53,610 --> 02:15:55,270
It's more like my
governing body comments,

2503
02:15:55,270 --> 02:15:58,090
but I figured it's prudent now
before after the next three

2504
02:15:58,090 --> 02:16:02,250
votes, how can we come together
and make everyone feel heard.

2505
02:16:02,250 --> 02:16:05,210
I think it's nearly impossible
to make every single person

2506
02:16:05,210 --> 02:16:07,090
heard, but we should try.

2507
02:16:07,090 --> 02:16:08,690
Let's form a group
that meets weekly

2508
02:16:08,690 --> 02:16:11,510
and has real conversations
about the real facts.

2509
02:16:11,510 --> 02:16:13,490
Let's share our non-negotiables.

2510
02:16:13,490 --> 02:16:15,470
It consists of both
sides of the issue,

2511
02:16:15,470 --> 02:16:18,520
as well as some undecided folks
that just want to learn more.

2512
02:16:18,520 --> 02:16:21,540
If we can agree on the
values that matter most,

2513
02:16:21,540 --> 02:16:24,440
then every conversation that
follows becomes more productive.

2514
02:16:24,440 --> 02:16:26,260
Instead of talking
past each other,

2515
02:16:26,260 --> 02:16:28,020
we begin talking
with each other.

2516
02:16:28,020 --> 02:16:31,600
Instead of choosing sides, we
choose a shared foundation.

2517
02:16:31,600 --> 02:16:34,459
If a project cannot meet
our shared foundation,

2518
02:16:34,459 --> 02:16:36,280
we can tell them no.

2519
02:16:36,280 --> 02:16:38,940
Some see opportunity,
others have concerns.

2520
02:16:38,940 --> 02:16:41,020
Most of us probably
see a little of both.

2521
02:16:41,020 --> 02:16:41,920
That's OK.

2522
02:16:41,920 --> 02:16:44,740
Differing opinions do
not have to divide us.

2523
02:16:44,740 --> 02:16:47,080
In fact, they can make
our decisions stronger.

2524
02:16:47,080 --> 02:16:50,680
Let's move those opinions off of
the internet and into real life.

2525
02:16:50,680 --> 02:16:52,480
Let's figure out as a
community the things

2526
02:16:52,480 --> 02:16:55,160
we simply won't compromise on.

2527
02:16:55,160 --> 02:16:56,740
What are our non-negotiables?

2528
02:16:56,740 --> 02:16:58,139
Is it protecting our water.

2529
02:16:58,139 --> 02:17:00,260
Ensuring responsible
use of energy,

2530
02:17:00,260 --> 02:17:03,160
creating good paying local
jobs, significantly cutting

2531
02:17:03,160 --> 02:17:06,639
our local property taxes,
preserving our quality of life,

2532
02:17:06,639 --> 02:17:09,200
maintaining transparency
and accountability,

2533
02:17:09,200 --> 02:17:10,940
making sure our
schools, neighborhoods,

2534
02:17:10,940 --> 02:17:13,320
and future generations
benefit from any project

2535
02:17:13,320 --> 02:17:15,459
that comes to Emporia.

2536
02:17:15,459 --> 02:17:16,680
Is it all of them.

2537
02:17:16,680 --> 02:17:18,260
Is it more.

2538
02:17:18,260 --> 02:17:21,660
Hundreds of people have
emailed or talked to me that

2539
02:17:21,660 --> 02:17:23,940
are opposed to this project.

2540
02:17:23,940 --> 02:17:27,100
Hundreds of people have
emailed or talked to me that

2541
02:17:27,100 --> 02:17:29,379
are in favor of this project.

2542
02:17:29,379 --> 02:17:32,180
We should all be able
to come together.

2543
02:17:32,180 --> 02:17:34,799
Those answers shouldn't belong
to one group or another.

2544
02:17:34,799 --> 02:17:36,360
They should belong to all of us.

2545
02:17:36,360 --> 02:17:37,620
This is our chance
to show that we

2546
02:17:37,620 --> 02:17:39,700
can welcome opportunity
while protecting what

2547
02:17:39,700 --> 02:17:41,379
makes our community special.

2548
02:17:41,379 --> 02:17:43,700
We can be thoughtful
without being fearful.

2549
02:17:43,700 --> 02:17:47,860
Hopeful without being naive and
United even when we disagree.

2550
02:17:47,860 --> 02:17:50,219
Let's make this process
something future generations

2551
02:17:50,219 --> 02:17:51,940
will look back on with pride.

2552
02:17:51,940 --> 02:17:54,940
Not because we all reach the
same conclusion, but because we

2553
02:17:54,940 --> 02:17:58,299
listened, respected one another,
and decided as a community

2554
02:17:58,299 --> 02:18:00,059
what Emporia stands for.

2555
02:18:00,059 --> 02:18:00,719
Thank you.

2556
02:18:00,719 --> 02:18:03,299


2557
02:18:03,299 --> 02:18:04,900
I have a comment.

2558
02:18:04,900 --> 02:18:09,820
We received a email with a
letter and some Line changes

2559
02:18:09,820 --> 02:18:15,490
on the dio, and I truly want
you to understand that I least

2560
02:18:15,490 --> 02:18:15,990
I did.

2561
02:18:15,990 --> 02:18:21,129
I read it through, and I don't
feel that it's pertinent today

2562
02:18:21,129 --> 02:18:24,969
to even discuss the
points that are in there

2563
02:18:24,969 --> 02:18:27,250
because I think that's
up to our legal counsel.

2564
02:18:27,250 --> 02:18:29,030
We've had a brief
discussion on this,

2565
02:18:29,030 --> 02:18:31,730
and there's some
comments in there.

2566
02:18:31,730 --> 02:18:35,450
The way it was put forward that
really are not pertinent to what

2567
02:18:35,450 --> 02:18:36,350
we're trying to do.

2568
02:18:36,350 --> 02:18:39,610
We're doing this in
a step by step basis,

2569
02:18:39,610 --> 02:18:41,930
and I'd like to see if
you would like to give

2570
02:18:41,930 --> 02:18:44,090
any more comment about that.

2571
02:18:44,090 --> 02:18:45,150
I would be happy to.

2572
02:18:45,150 --> 02:18:49,690
And just for clarity, are
you referring to the letter

2573
02:18:49,690 --> 02:18:53,250
from the Adam Jones law firm.

2574
02:18:53,250 --> 02:18:58,610
OK city staff and
obviously legal counsel

2575
02:18:58,610 --> 02:19:00,809
did review that letter.

2576
02:19:00,809 --> 02:19:02,809
There were a couple
of different areas

2577
02:19:02,809 --> 02:19:07,290
that the attorney
was addressing,

2578
02:19:07,290 --> 02:19:10,969
and there seemed to be some
discussion about an overlay

2579
02:19:10,969 --> 02:19:15,750
district versus the requirements
in a planned unit development.

2580
02:19:15,750 --> 02:19:20,629
Planned unit development
overlay is a different standard.

2581
02:19:20,629 --> 02:19:25,250
More of requires a lot more
planning, which the attorney.

2582
02:19:25,250 --> 02:19:28,790
Accurately stated in his
letter A PUD is something

2583
02:19:28,790 --> 02:19:30,910
that would be approved or.

2584
02:19:30,910 --> 02:19:37,870
Required under the dio district
for digital infrastructure

2585
02:19:37,870 --> 02:19:42,629
development on
industrial flex property.

2586
02:19:42,629 --> 02:19:46,709
But a pud would not be required
on light industrial or heavy

2587
02:19:46,709 --> 02:19:49,710
industrial base zoned property.

2588
02:19:49,710 --> 02:19:53,150
Rather, that would go
through other planning

2589
02:19:53,150 --> 02:19:55,870
process involving a plat.

2590
02:19:55,870 --> 02:19:59,630
Preliminary plat requires
a public hearing.

2591
02:19:59,630 --> 02:20:03,870
So the attorney, raised concerns
about additional public review.

2592
02:20:03,870 --> 02:20:05,610
Under the overlay district.

2593
02:20:05,610 --> 02:20:07,250
There would be
additional public review,

2594
02:20:07,250 --> 02:20:11,580
either through a pud process or
through the plotting process.

2595
02:20:11,580 --> 02:20:17,280
In addition, as one of the parts
of the development process.

2596
02:20:17,280 --> 02:20:20,900
And then any
developer agreements

2597
02:20:20,900 --> 02:20:24,840
that were reviewed and agreed
to by the governing body.

2598
02:20:24,840 --> 02:20:27,260
So there are additional
steps that require

2599
02:20:27,260 --> 02:20:30,340
public review already in place.

2600
02:20:30,340 --> 02:20:32,500
And in addition
to that matter, he

2601
02:20:32,500 --> 02:20:35,660
listed a number of
additional standards

2602
02:20:35,660 --> 02:20:39,020
that he would suggest
be addressed matters

2603
02:20:39,020 --> 02:20:45,540
such as ingress and egress,
driving driveways and parking,

2604
02:20:45,540 --> 02:20:50,420
talking about open spaces,
streets, other facilities,

2605
02:20:50,420 --> 02:20:53,940
a number of things that are
addressed through other areas

2606
02:20:53,940 --> 02:20:56,660
of our development regulations.

2607
02:20:56,660 --> 02:20:58,620
A lot of those are
addressed in the subdivision

2608
02:20:58,620 --> 02:21:01,880
regulations that are
dependent on the base zoning.

2609
02:21:01,880 --> 02:21:04,620
So all of those requirements
will still be in place.

2610
02:21:04,620 --> 02:21:07,900
The one thing I did note in
the letter that I don't believe

2611
02:21:07,900 --> 02:21:10,030
we addressed address
specifically,

2612
02:21:10,030 --> 02:21:13,170
either in our base
zoning requirements

2613
02:21:13,170 --> 02:21:18,650
or in the overlay proposal
is a heat requirement.

2614
02:21:18,650 --> 02:21:20,970
He suggested requiring
an environmental study

2615
02:21:20,970 --> 02:21:25,810
that addresses specifically
thermal impacts.

2616
02:21:25,810 --> 02:21:30,050
And setting standards that
the developer should meet

2617
02:21:30,050 --> 02:21:34,090
related to thermal impacts.

2618
02:21:34,090 --> 02:21:38,610
And specifically impacts
on adjacent properties.

2619
02:21:38,610 --> 02:21:42,890
That's not specifically
included as a reviewed.

2620
02:21:42,890 --> 02:21:45,470
We are requiring
environmental studies.

2621
02:21:45,470 --> 02:21:47,450
We didn't specify thermal.

2622
02:21:47,450 --> 02:21:51,650
Justin, could you speak to what.

2623
02:21:51,650 --> 02:21:53,530
What that process
might look like

2624
02:21:53,530 --> 02:21:56,210
and whether there may be
some benefit from adding

2625
02:21:56,210 --> 02:21:58,590
an additional requirement.

2626
02:21:58,590 --> 02:22:00,350
Well, so we do and we do.

2627
02:22:00,350 --> 02:22:05,290
We've got the caveat that,
any other additional studies

2628
02:22:05,290 --> 02:22:10,090
that we feel are pertinent
to approve a project.

2629
02:22:10,090 --> 02:22:11,670
And so if that's
something that we

2630
02:22:11,670 --> 02:22:14,170
feel is necessary
moving forward,

2631
02:22:14,170 --> 02:22:16,790
we can require
thermal impact study.

2632
02:22:16,790 --> 02:22:20,490
I am not aware of how thermal
impact study would be done,

2633
02:22:20,490 --> 02:22:22,070
but obviously that
would be something

2634
02:22:22,070 --> 02:22:25,950
that we would research and
require and add to the review

2635
02:22:25,950 --> 02:22:28,070
requirements as we go forward.

2636
02:22:28,070 --> 02:22:30,510
The question was asked
during the planning

2637
02:22:30,510 --> 02:22:35,490
commission meeting, what is
the process to change this.

2638
02:22:35,490 --> 02:22:39,250
And this is like any other
of our zoning regulations.

2639
02:22:39,250 --> 02:22:40,650
It's a living document.

2640
02:22:40,650 --> 02:22:43,830
It can change through the
text Amendment process

2641
02:22:43,830 --> 02:22:46,110
if we see that something
is not working,

2642
02:22:46,110 --> 02:22:49,910
if there are new standards that
come out that we feel we need

2643
02:22:49,910 --> 02:22:53,510
to adopt, if there are
additional regulations that we

2644
02:22:53,510 --> 02:22:57,530
feel we need to adopt and put
into the dio requirements,

2645
02:22:57,530 --> 02:23:01,330
we can do that just through the
normal text Amendment process.

2646
02:23:01,330 --> 02:23:01,970
It does.

2647
02:23:01,970 --> 02:23:05,700
This does not have to be
the end of this document

2648
02:23:05,700 --> 02:23:07,320
or these regulations.

2649
02:23:07,320 --> 02:23:09,700
It is the beginning
and we will continue

2650
02:23:09,700 --> 02:23:13,940
to evaluate and look at
industry standards, best

2651
02:23:13,940 --> 02:23:15,600
practices, things like that.

2652
02:23:15,600 --> 02:23:16,600
We do that with everything.

2653
02:23:16,600 --> 02:23:19,500
We're undergoing a medical
review, medical terminology

2654
02:23:19,500 --> 02:23:21,680
review and use facilities.

2655
02:23:21,680 --> 02:23:24,020
We'll be bringing
back some sign review

2656
02:23:24,020 --> 02:23:26,720
considerations to the planning
commission later this year.

2657
02:23:26,720 --> 02:23:29,300
We see what's going
on in the field

2658
02:23:29,300 --> 02:23:33,000
and what's working with
our zoning regulations.

2659
02:23:33,000 --> 02:23:33,760
What's not working.

2660
02:23:33,760 --> 02:23:36,780
And we bring that forward
to the planning commission

2661
02:23:36,780 --> 02:23:38,740
and then ultimately
the city commission

2662
02:23:38,740 --> 02:23:41,000
for adoption discussion.

2663
02:23:41,000 --> 02:23:44,900
So yeah, I mean, if there are
additional things that come up,

2664
02:23:44,900 --> 02:23:47,280
that we can always tweak this.

2665
02:23:47,280 --> 02:23:51,020
And I think that's the thing
about getting something started

2666
02:23:51,020 --> 02:23:53,240
getting it in the regulations.

2667
02:23:53,240 --> 02:23:55,280
So we have that base area.

2668
02:23:55,280 --> 02:23:59,780
And then as we review projects
or look at projects where things

2669
02:23:59,780 --> 02:24:03,500
change over time, technology
changes over time,

2670
02:24:03,500 --> 02:24:08,200
we can incorporate those things
into our zoning regulations

2671
02:24:08,200 --> 02:24:09,760
and this overlay district.

2672
02:24:09,760 --> 02:24:13,720
So your feeling is that we can
look at basically what you're

2673
02:24:13,720 --> 02:24:15,720
talking about is the
heat island effect that

2674
02:24:15,720 --> 02:24:18,000
could happen out there
and whether that's

2675
02:24:18,000 --> 02:24:19,180
prudent to look at or not.

2676
02:24:19,180 --> 02:24:24,480
We can look at that now if
we want to through the dio.

2677
02:24:24,480 --> 02:24:28,820
Yes but if we want to change
the DO or add language to it,

2678
02:24:28,820 --> 02:24:31,540
we have a process that we
can go through that works,

2679
02:24:31,540 --> 02:24:32,460
that we will do that.

2680
02:24:32,460 --> 02:24:35,820
Correct it's the same process
we the planning commission,

2681
02:24:35,820 --> 02:24:38,100
we present information to
the planning commission.

2682
02:24:38,100 --> 02:24:40,080
Planning commission
holds a public hearing

2683
02:24:40,080 --> 02:24:42,000
provides feedback.

2684
02:24:42,000 --> 02:24:44,120
And then they make
a recommendation

2685
02:24:44,120 --> 02:24:45,340
to the governing body.

2686
02:24:45,340 --> 02:24:49,240
And the governing body acts
on that recommendation.

2687
02:24:49,240 --> 02:24:50,300
It's the same we did.

2688
02:24:50,300 --> 02:24:54,880
We updated the sign regulations
earlier this year on

2689
02:24:54,880 --> 02:24:59,880
or last year on some allowing
signage in the flex use

2690
02:24:59,880 --> 02:25:01,060
because it was kind of limited.

2691
02:25:01,060 --> 02:25:03,550
And we realized that we
pigeonholed ourselves

2692
02:25:03,550 --> 02:25:06,190
a little bit on what
we allow for businesses

2693
02:25:06,190 --> 02:25:09,170
to have flex use versus
residential and flex use.

2694
02:25:09,170 --> 02:25:12,210
So can I just clarify
what I feel like.

2695
02:25:12,210 --> 02:25:16,990
I heard that the letter received
from Attorney was addressed.

2696
02:25:16,990 --> 02:25:18,670
It was reviewed.

2697
02:25:18,670 --> 02:25:19,810
It was discussed.

2698
02:25:19,810 --> 02:25:21,410
Some of that information
was shared with us.

2699
02:25:21,410 --> 02:25:23,030
It's found in other places.

2700
02:25:23,030 --> 02:25:26,750
And then there were also some
citizens that sent suggestions

2701
02:25:26,750 --> 02:25:29,650
or ideas that you responded to.

2702
02:25:29,650 --> 02:25:33,290
And if those were received,
they were also considered.

2703
02:25:33,290 --> 02:25:41,870
And I have spent a lot of time
I spend every time somebody

2704
02:25:41,870 --> 02:25:43,970
sends me a study, I look at it.

2705
02:25:43,970 --> 02:25:45,770
I've read the Harvard
study multiple times.

2706
02:25:45,770 --> 02:25:48,490
I've read the University of
Michigan study multiple times,

2707
02:25:48,490 --> 02:25:51,110
I read the who studies.

2708
02:25:51,110 --> 02:25:54,030
I spent time last
night and early

2709
02:25:54,030 --> 02:25:57,590
this morning going
through documentation

2710
02:25:57,590 --> 02:25:59,290
that was provided to the city.

2711
02:25:59,290 --> 02:26:02,930


2712
02:26:02,930 --> 02:26:05,010
I would like to address
it through the development

2713
02:26:05,010 --> 02:26:05,510
agreement.

2714
02:26:05,510 --> 02:26:07,810
But two things
stand out right now

2715
02:26:07,810 --> 02:26:12,090
is the heat island effect
that I think we need to get

2716
02:26:12,090 --> 02:26:14,190
a handle on, just go through.

2717
02:26:14,190 --> 02:26:15,710
We've gone through water.

2718
02:26:15,710 --> 02:26:20,050
We've gone through lighting,
we've gone through wastewater.

2719
02:26:20,050 --> 02:26:21,510
We've gone through stormwater.

2720
02:26:21,510 --> 02:26:25,090
I mean, we've addressed
almost every concern.

2721
02:26:25,090 --> 02:26:27,730
And I keep on looking
for more concerns

2722
02:26:27,730 --> 02:26:28,870
that we haven't addressed.

2723
02:26:28,870 --> 02:26:30,490
I mean, it's like
everything this

2724
02:26:30,490 --> 02:26:36,170
is a very evolving situation and
we're at the forefront of it.

2725
02:26:36,170 --> 02:26:40,970
But it is the heat island and
its EMFs from high voltage

2726
02:26:40,970 --> 02:26:42,810
transmission lines.

2727
02:26:42,810 --> 02:26:48,670
And, my research, I dug
into it EMFs are scary.

2728
02:26:48,670 --> 02:26:50,410
And I will admit
they're scary, but they

2729
02:26:50,410 --> 02:26:51,990
drop off really quickly.

2730
02:26:51,990 --> 02:26:54,910
That magnetic field
is not very big.

2731
02:26:54,910 --> 02:26:57,670
It's measured in Teslas.

2732
02:26:57,670 --> 02:27:01,960
So this was a new term for
me not being a science guy.

2733
02:27:01,960 --> 02:27:03,340
I had to look it
up when I saw it.

2734
02:27:03,340 --> 02:27:04,580
Yeah so what is this.

2735
02:27:04,580 --> 02:27:05,180
It's not.

2736
02:27:05,180 --> 02:27:08,360
It's not number of cars
between you and the.

2737
02:27:08,360 --> 02:27:11,100
But named after Nikolai Tesla.

2738
02:27:11,100 --> 02:27:17,680
So you can either amend the dio
to include heat island and EMF

2739
02:27:17,680 --> 02:27:19,813
studies or that
would be something

2740
02:27:19,813 --> 02:27:21,480
that we could include in
the development agreement

2741
02:27:21,480 --> 02:27:23,360
if we make it that far.

2742
02:27:23,360 --> 02:27:25,580
I'd like to be in the
development agreement,

2743
02:27:25,580 --> 02:27:29,600
because I think each individual
thing that we could look at down

2744
02:27:29,600 --> 02:27:30,740
the road could be different.

2745
02:27:30,740 --> 02:27:32,100
So we need to consider that.

2746
02:27:32,100 --> 02:27:36,900
And as things change, I
mean, I've been very vocal.

2747
02:27:36,900 --> 02:27:39,540
If I see a red flag
that can't be addressed,

2748
02:27:39,540 --> 02:27:43,280
I'm going to let you
guys know and we stop.

2749
02:27:43,280 --> 02:27:46,200
But if there's something that
can be addressed, like this EMF

2750
02:27:46,200 --> 02:27:50,100
stuff went through and
that's really 300 feet,

2751
02:27:50,100 --> 02:27:53,040
it seems like is
where the Tesla's

2752
02:27:53,040 --> 02:27:55,600
drop off to negligible level.

2753
02:27:55,600 --> 02:27:57,460
I'm learning.

2754
02:27:57,460 --> 02:28:02,420
But I think as we develop, I
think even as that development

2755
02:28:02,420 --> 02:28:04,780
agreement comes
months from now, I

2756
02:28:04,780 --> 02:28:06,380
think there will be
new things that pop up

2757
02:28:06,380 --> 02:28:08,700
and hopefully we can address
that in the development

2758
02:28:08,700 --> 02:28:12,300
agreement and then potentially
go back and include those in dio

2759
02:28:12,300 --> 02:28:15,300
as they emerge in science
becomes more concrete.

2760
02:28:15,300 --> 02:28:17,300
Thank you.

2761
02:28:17,300 --> 02:28:19,780
Any other discussion.

2762
02:28:19,780 --> 02:28:20,980
All in favor, say Aye.

2763
02:28:20,980 --> 02:28:23,340
Aye Motion passes.

2764
02:28:23,340 --> 02:28:23,880
Number four.

2765
02:28:23,880 --> 02:28:28,420
Ordinance rezoning properties
for light industrial use.

2766
02:28:28,420 --> 02:28:31,740
Mayor and commissioners, if I
may jump in on this one as well.

2767
02:28:31,740 --> 02:28:34,780
This item concerns
the underlying zoning

2768
02:28:34,780 --> 02:28:39,100
classifications for 11
specific tracts of property.

2769
02:28:39,100 --> 02:28:42,300
The ordinance that
we just considered

2770
02:28:42,300 --> 02:28:46,060
was establishing the digital
infrastructure overlay district.

2771
02:28:46,060 --> 02:28:49,180
This addresses a separate
land use question

2772
02:28:49,180 --> 02:28:52,020
whether these specific
properties should receive

2773
02:28:52,020 --> 02:28:57,570
the requested underlying
industrial zoning classification

2774
02:28:57,570 --> 02:28:59,330
that has been requested.

2775
02:28:59,330 --> 02:29:01,930
Those classifications
would allow a variety

2776
02:29:01,930 --> 02:29:06,530
of industrial uses permitted
within the applicable zoning

2777
02:29:06,530 --> 02:29:11,190
district, as specified
in our zoning use matrix.

2778
02:29:11,190 --> 02:29:12,510
Matrices matrix.

2779
02:29:12,510 --> 02:29:14,810
Matrix matrix.

2780
02:29:14,810 --> 02:29:18,250
I don't know what that
word is, I apologize.

2781
02:29:18,250 --> 02:29:19,430
The plural form.

2782
02:29:19,430 --> 02:29:22,450
The applicant has submitted
a separate application

2783
02:29:22,450 --> 02:29:24,410
to apply the digital
infrastructure overlay

2784
02:29:24,410 --> 02:29:26,010
district to the properties.

2785
02:29:26,010 --> 02:29:29,170
And if the properties
are first rezoned,

2786
02:29:29,170 --> 02:29:30,730
that application
will be considered

2787
02:29:30,730 --> 02:29:33,650
as the next item on the agenda.

2788
02:29:33,650 --> 02:29:37,610
I would also like to note again,
that approval of a rezoning

2789
02:29:37,610 --> 02:29:41,230
does not automatically
approve a development project.

2790
02:29:41,230 --> 02:29:43,530
Future development remains
subject to the city's

2791
02:29:43,530 --> 02:29:46,290
development review
processes, including utility

2792
02:29:46,290 --> 02:29:49,130
and infrastructure review,
building and building

2793
02:29:49,130 --> 02:29:52,310
and construction regulations,
fire code requirements,

2794
02:29:52,310 --> 02:29:54,630
permitting
development agreements

2795
02:29:54,630 --> 02:29:59,310
and all other applicable local,
state, and federal requirements.

2796
02:29:59,310 --> 02:30:01,150
And the city's
subdivision regulations

2797
02:30:01,150 --> 02:30:03,870
do require a public hearing
before the planning commission

2798
02:30:03,870 --> 02:30:08,110
on either a preliminary plat
or a planned unit development

2799
02:30:08,110 --> 02:30:12,470
before development may proceed.

2800
02:30:12,470 --> 02:30:14,470
The planning commission
did conduct the required

2801
02:30:14,470 --> 02:30:17,830
public hearing on the
rezoning request and following

2802
02:30:17,830 --> 02:30:20,590
deliberation, voted
4 to 3 to recommend

2803
02:30:20,590 --> 02:30:24,590
approval of the requested
rezoning of tracks 1 through 11.

2804
02:30:24,590 --> 02:30:26,510
A valid protest
petition has been

2805
02:30:26,510 --> 02:30:31,370
filed with respect to this
rezoning request under KSA.

2806
02:30:31,370 --> 02:30:34,350
12:07 57 approval
of the planning

2807
02:30:34,350 --> 02:30:37,510
Commission's
recommendation now requires

2808
02:30:37,510 --> 02:30:41,270
an affirmative vote of at
least 3/4 of the members

2809
02:30:41,270 --> 02:30:42,490
of the governing body.

2810
02:30:42,490 --> 02:30:45,350
So for our purposes,
that would be four votes.

2811
02:30:45,350 --> 02:30:48,190
Alternatively, the commission
may modify or override

2812
02:30:48,190 --> 02:30:51,870
the planning Commission's
recommendations by a 2/3 vote,

2813
02:30:51,870 --> 02:30:55,900
also four of five votes return
the application to the planning

2814
02:30:55,900 --> 02:30:59,220
commission, with its reasons for
doing so, or table the matter

2815
02:30:59,220 --> 02:31:01,540
for later consideration.

2816
02:31:01,540 --> 02:31:03,780
And I'll turn it
over to Mr. Gibbons.

2817
02:31:03,780 --> 02:31:08,580
OK Taylor, do you put that up.

2818
02:31:08,580 --> 02:31:14,940
So before you is a request for
rezoning of 11 tracts of land,

2819
02:31:14,940 --> 02:31:19,840
as city attorney said at the
June 23 and June 30 meetings,

2820
02:31:19,840 --> 02:31:21,700
planning commission held
the required public hearings

2821
02:31:21,700 --> 02:31:23,340
and discussions.

2822
02:31:23,340 --> 02:31:25,620
Again, ultimately voting
4 to 3 to recommend

2823
02:31:25,620 --> 02:31:28,740
approval of the rezoning as
presented for each property.

2824
02:31:28,740 --> 02:31:31,860
Eight of the 11 tracks currently
have a Lyon County zoning

2825
02:31:31,860 --> 02:31:34,860
classification, as they maintain
their Lyon County zoning

2826
02:31:34,860 --> 02:31:37,020
classification until
that time, as they

2827
02:31:37,020 --> 02:31:38,980
are rezoned to a
city classification

2828
02:31:38,980 --> 02:31:40,860
under after annexation.

2829
02:31:40,860 --> 02:31:42,880
Track one is
currently Lyon County.

2830
02:31:42,880 --> 02:31:45,780
Agriculture track 2
Lyon County agriculture.

2831
02:31:45,780 --> 02:31:49,260
Track three Lyon County
agriculture, and track 4

2832
02:31:49,260 --> 02:31:53,060
is Lyon County agriculture
tracks 5, 6, and 7 are.

2833
02:31:53,060 --> 02:31:54,400
City of industrial.

2834
02:31:54,400 --> 02:31:56,500
City of Emporia.

2835
02:31:56,500 --> 02:32:02,360
Industrial flex tract 8 and
9 are jointly Lyon County

2836
02:32:02,360 --> 02:32:06,880
ag and commercial track 10 is
Lyon County light industrial

2837
02:32:06,880 --> 02:32:08,980
and then track 11
is Lyon County.

2838
02:32:08,980 --> 02:32:14,200
Agriculture tracks 1 through
10 are proposed to be

2839
02:32:14,200 --> 02:32:16,620
rezoned to light industrial.

2840
02:32:16,620 --> 02:32:20,120
Track 11 would be rezoned
to industrial flex.

2841
02:32:20,120 --> 02:32:23,800
These properties are surrounded
by a mix of uses including

2842
02:32:23,800 --> 02:32:26,180
large estate lots,
homes, pastures,

2843
02:32:26,180 --> 02:32:29,120
farmsteads, commercial,
and industrial uses.

2844
02:32:29,120 --> 02:32:31,880
Light industrial classification
is intended to provide space

2845
02:32:31,880 --> 02:32:33,760
for the manufacturing,
processing

2846
02:32:33,760 --> 02:32:37,640
and fabrication of products
and other compatible uses.

2847
02:32:37,640 --> 02:32:41,320
Generally, some allowed
uses within these districts

2848
02:32:41,320 --> 02:32:45,240
include trade craft operations,
distilleries, low intensity

2849
02:32:45,240 --> 02:32:48,460
manufacturing and processing,
utility maintenance yards,

2850
02:32:48,460 --> 02:32:50,850
warehousing, and
storage of flammable,

2851
02:32:50,850 --> 02:32:54,070
including flammable
and volatile materials.

2852
02:32:54,070 --> 02:32:55,910
Conditional uses
would be required

2853
02:32:55,910 --> 02:32:58,510
for electrical
generation facilities.

2854
02:32:58,510 --> 02:33:00,470
It has been requested
that track 11

2855
02:33:00,470 --> 02:33:02,550
be rezoned to industrial flex.

2856
02:33:02,550 --> 02:33:05,450
Industrial flex supports
commercial retail services,

2857
02:33:05,450 --> 02:33:08,190
office trade and light
industrial type buildings,

2858
02:33:08,190 --> 02:33:10,230
as well as planned employment
centers and planned

2859
02:33:10,230 --> 02:33:13,750
integrated use development along
corridors and city boundaries.

2860
02:33:13,750 --> 02:33:17,590
Again, most of those same
similar uses are allowed

2861
02:33:17,590 --> 02:33:20,230
and again, electrical
generation facilities

2862
02:33:20,230 --> 02:33:24,710
would require special approval
and industrial zoning.

2863
02:33:24,710 --> 02:33:27,550
The industrial flex was
requested to provide

2864
02:33:27,550 --> 02:33:29,390
additional review processes.

2865
02:33:29,390 --> 02:33:31,510
Allow for mix of
uses on track 11

2866
02:33:31,510 --> 02:33:34,270
versus straight light industrial
zoning and other tracks

2867
02:33:34,270 --> 02:33:36,110
based on its location.

2868
02:33:36,110 --> 02:33:37,710
Staff would contend
that the request is

2869
02:33:37,710 --> 02:33:40,630
consistent with the
zoning regulations,

2870
02:33:40,630 --> 02:33:45,070
it is consistent with
the comprehensive plan,

2871
02:33:45,070 --> 02:33:48,740
and the ELC encourages economic
development efforts of the city

2872
02:33:48,740 --> 02:33:51,700
to attract new businesses,
diversify the economy

2873
02:33:51,700 --> 02:33:54,740
and adjust the type of
businesses that are targeted.

2874
02:33:54,740 --> 02:33:57,060
Planning ELC also
encourages new growth

2875
02:33:57,060 --> 02:34:00,300
in areas that are in close
proximity to existing utilities

2876
02:34:00,300 --> 02:34:02,460
and enhanced road network.

2877
02:34:02,460 --> 02:34:05,460
Staff feels that sewer and
water lines of sufficient size

2878
02:34:05,460 --> 02:34:08,520
exist and can be easily
extended to the properties.

2879
02:34:08,520 --> 02:34:11,340
Cdot Lyon County and the city
have made improvements and plans

2880
02:34:11,340 --> 02:34:14,320
for additional improvements
along the US 50 corridor,

2881
02:34:14,320 --> 02:34:17,860
with road f and road 180.

2882
02:34:17,860 --> 02:34:20,460
Rezoning action
is not an approval

2883
02:34:20,460 --> 02:34:22,180
of a particular project.

2884
02:34:22,180 --> 02:34:24,020
There are several
items such as platting

2885
02:34:24,020 --> 02:34:26,100
developers agreement
that's not even true

2886
02:34:26,100 --> 02:34:28,040
require commission approval.

2887
02:34:28,040 --> 02:34:29,560
Not even project.

2888
02:34:29,560 --> 02:34:32,180


2889
02:34:32,180 --> 02:34:34,460
This is all about
the data center

2890
02:34:34,460 --> 02:34:37,020
and you need to tell the truth.

2891
02:34:37,020 --> 02:34:39,580
This is just about
the data center.

2892
02:34:39,580 --> 02:34:42,420
I'm going.

2893
02:34:42,420 --> 02:34:44,200
It's all about the data center.

2894
02:34:44,200 --> 02:34:48,160
And you need to tell
the truth and this map

2895
02:34:48,160 --> 02:34:52,240
shows what the proposed
zoning districts would look

2896
02:34:52,240 --> 02:34:57,160
like if approved as presented.

2897
02:34:57,160 --> 02:34:59,160
Are you all set.

2898
02:34:59,160 --> 02:35:05,720
And with that, I would answer
any questions you may have.

2899
02:35:05,720 --> 02:35:08,960
Reiterate doesn't mean
anything's really going there.

2900
02:35:08,960 --> 02:35:11,120
You change something
all the time.

2901
02:35:11,120 --> 02:35:14,580
So if zoning never happens,
then we don't ever need it.

2902
02:35:14,580 --> 02:35:16,620
It can go back to agricultural.

2903
02:35:16,620 --> 02:35:20,200
It can go back to whatever
that property owner wants

2904
02:35:20,200 --> 02:35:22,640
or when they sell it.

2905
02:35:22,640 --> 02:35:26,280
And there's also a process
through the annexation where it

2906
02:35:26,280 --> 02:35:29,600
would return back to the County,
and then it could have to go

2907
02:35:29,600 --> 02:35:31,180
back through County rezoning.

2908
02:35:31,180 --> 02:35:33,920
Obviously if the
existing property

2909
02:35:33,920 --> 02:35:35,900
owner requested to go back.

2910
02:35:35,900 --> 02:35:41,920
So which depending on
probably what, if any impact

2911
02:35:41,920 --> 02:35:44,630
this would have on land values.

2912
02:35:44,630 --> 02:35:46,550
That they may want
to see it revert

2913
02:35:46,550 --> 02:35:48,750
back to agriculture
if no project

2914
02:35:48,750 --> 02:35:53,950
goes in for a length of time.

2915
02:35:53,950 --> 02:35:57,710
So Mr. Givens went
back to County.

2916
02:35:57,710 --> 02:36:01,390
Would it go back in as
whatever it's zoned at now,

2917
02:36:01,390 --> 02:36:03,650
or would the County decide upon.

2918
02:36:03,650 --> 02:36:06,070
So the County, it would
have to be rezoned

2919
02:36:06,070 --> 02:36:07,530
under County regulations.

2920
02:36:07,530 --> 02:36:12,790
So it would continue to have
its city of Emporia zoning

2921
02:36:12,790 --> 02:36:16,310
until the district parcel
type, until it would be rezoned

2922
02:36:16,310 --> 02:36:18,470
under County jurisdiction.

2923
02:36:18,470 --> 02:36:23,090
Since we do not share
joint jurisdiction,

2924
02:36:23,090 --> 02:36:27,430
we have to keep them separate
and they retain their existing

2925
02:36:27,430 --> 02:36:29,950
zoning regulations
or zoning type

2926
02:36:29,950 --> 02:36:35,170
until they are either developed
or anything like rezoned.

2927
02:36:35,170 --> 02:36:38,730
So thank you, Madam Mayor.

2928
02:36:38,730 --> 02:36:41,930
Can I ask the applicant
to come forward and speak.

2929
02:36:41,930 --> 02:36:52,810


2930
02:36:52,810 --> 02:36:53,350
Good morning.

2931
02:36:53,350 --> 02:36:54,030
Good morning.

2932
02:36:54,030 --> 02:36:55,170
Good afternoon.

2933
02:36:55,170 --> 02:36:58,530
We've actually moved into
the afternoon at this point.

2934
02:36:58,530 --> 02:36:59,590
My name is Shirley Woodard.

2935
02:36:59,590 --> 02:37:01,190
I'm with the Morris law firm.

2936
02:37:01,190 --> 02:37:02,750
I'm here on behalf
of the applicant.

2937
02:37:02,750 --> 02:37:04,670
And I think you all
know Gary Nordstrom.

2938
02:37:04,670 --> 02:37:07,890
Governmental
assistance services.

2939
02:37:07,890 --> 02:37:10,850
Shirley and I came together
with legal questions

2940
02:37:10,850 --> 02:37:12,210
that we would have
about rezoning

2941
02:37:12,210 --> 02:37:15,590
or a specific questions about
the project directly to me.

2942
02:37:15,590 --> 02:37:20,070
And does anyone have
questions for the applicant.

2943
02:37:20,070 --> 02:37:23,810


2944
02:37:23,810 --> 02:37:27,170
Why 1,000 acres.

2945
02:37:27,170 --> 02:37:30,890
I think it's important for
1,000 acres is to allow

2946
02:37:30,890 --> 02:37:34,010
for the future of an end user.

2947
02:37:34,010 --> 02:37:36,890
The business plan
for an end user

2948
02:37:36,890 --> 02:37:40,610
want to grow and have
expansion possibilities.

2949
02:37:40,610 --> 02:37:45,160
And so it would give them
the ultimate sort of leeway

2950
02:37:45,160 --> 02:37:48,120
to plan a business
model into the future

2951
02:37:48,120 --> 02:37:51,560
that we don't quite
have a handle on.

2952
02:37:51,560 --> 02:37:53,840
So does your
expectation expectation

2953
02:37:53,840 --> 02:37:57,480
that you would
develop predominantly

2954
02:37:57,480 --> 02:38:00,460
on the south end of
the tracks first,

2955
02:38:00,460 --> 02:38:02,060
and that it would
just grow from there.

2956
02:38:02,060 --> 02:38:04,080
It's always been
that expectation

2957
02:38:04,080 --> 02:38:08,380
based on utility delivery
that we would begin with.

2958
02:38:08,380 --> 02:38:10,300
The end user would
potentially begin,

2959
02:38:10,300 --> 02:38:11,420
but we can't speak for them.

2960
02:38:11,420 --> 02:38:14,920
But it would begin through
highway 50 to the North

2961
02:38:14,920 --> 02:38:16,860
seems to be the most
reasonable track,

2962
02:38:16,860 --> 02:38:20,360
but that would be decided
upon a development

2963
02:38:20,360 --> 02:38:22,000
agreement that would be signed.

2964
02:38:22,000 --> 02:38:26,680
So would it also be true that
the development would grow based

2965
02:38:26,680 --> 02:38:29,520
on the path to power,
and how soon the power

2966
02:38:29,520 --> 02:38:31,740
could be at the facility to.

2967
02:38:31,740 --> 02:38:32,980
There's no doubt about that.

2968
02:38:32,980 --> 02:38:33,800
It would.

2969
02:38:33,800 --> 02:38:37,160
However, the utilities
would be delivered

2970
02:38:37,160 --> 02:38:41,380
would govern the expansion
potential of campus.

2971
02:38:41,380 --> 02:38:44,220
So essentially, we're looking
at a project that could

2972
02:38:44,220 --> 02:38:48,260
take multiple years to develop.

2973
02:38:48,260 --> 02:38:49,240
That's accurate.

2974
02:38:49,240 --> 02:38:51,880
I think we can
say that for sure.

2975
02:38:51,880 --> 02:38:55,620
This is a multiple
year development.

2976
02:38:55,620 --> 02:38:58,980
Can you reiterate you do
not have an end user yet.

2977
02:38:58,980 --> 02:38:59,600
That's correct.

2978
02:38:59,600 --> 02:39:00,380
We do not.

2979
02:39:00,380 --> 02:39:02,040
You're just getting ready.

2980
02:39:02,040 --> 02:39:03,000
Can you reiterate?

2981
02:39:03,000 --> 02:39:04,980
We do not have NDAs
with your company

2982
02:39:04,980 --> 02:39:06,420
in any way, shape, or form.

2983
02:39:06,420 --> 02:39:10,380
We do not have NDAs with
my company in any way.

2984
02:39:10,380 --> 02:39:15,220
And arkansa park or Kansas
park, there are no any of those.

2985
02:39:15,220 --> 02:39:17,160
I have not put my
name on anything.

2986
02:39:17,160 --> 02:39:19,660
There is no
development agreement,

2987
02:39:19,660 --> 02:39:21,120
not put our name on anything.

2988
02:39:21,120 --> 02:39:21,920
All of that's correct.

2989
02:39:21,920 --> 02:39:23,400
There's no
development agreement.

2990
02:39:23,400 --> 02:39:27,340
NDAs between the governing
body and any company

2991
02:39:27,340 --> 02:39:30,780
that had any interest
whatsoever in this development.

2992
02:39:30,780 --> 02:39:34,340
We are taking a step by step.

2993
02:39:34,340 --> 02:39:36,200
Is it accurate that we would.

2994
02:39:36,200 --> 02:39:38,450
There is little chance
the city would be working

2995
02:39:38,450 --> 02:39:43,790
with Kingston or
related companies,

2996
02:39:43,790 --> 02:39:46,090
and most likely
with an end user.

2997
02:39:46,090 --> 02:39:48,090
When we get to the
development agreement,

2998
02:39:48,090 --> 02:39:51,570
it's absolutely accurate
that the end user

2999
02:39:51,570 --> 02:39:54,370
would be the entity
that would enter

3000
02:39:54,370 --> 02:39:55,990
into a development agreement.

3001
02:39:55,990 --> 02:39:59,250
The end user would be a
digital tech company in the end

3002
02:39:59,250 --> 02:40:02,090
and not any developer.

3003
02:40:02,090 --> 02:40:02,670
Thank you.

3004
02:40:02,670 --> 02:40:05,610


3005
02:40:05,610 --> 02:40:10,090
OK Any other questions.

3006
02:40:10,090 --> 02:40:12,130
I'd like to make a motion
to approve ordinance

3007
02:40:12,130 --> 02:40:15,210
2622, resorting
certain properties

3008
02:40:15,210 --> 02:40:18,010
to light industrial
and industrial flex,

3009
02:40:18,010 --> 02:40:21,830
and amending the official zoning
map to confirm the zoning.

3010
02:40:21,830 --> 02:40:25,890


3011
02:40:25,890 --> 02:40:28,470
Ordinance 2622 rezoning
certain properties,

3012
02:40:28,470 --> 02:40:29,890
light industrial
and industrial parks

3013
02:40:29,890 --> 02:40:32,010
and amending the
official zoning map.

3014
02:40:32,010 --> 02:40:34,090
Zoning any other discussion.

3015
02:40:34,090 --> 02:40:38,030
Obviously, I did not.

3016
02:40:38,030 --> 02:40:39,530
5 euros at the majority.

3017
02:40:39,530 --> 02:40:46,710
OK Number 5 requires
four to 1 since we

3018
02:40:46,710 --> 02:40:48,310
had the protest petition.

3019
02:40:48,310 --> 02:40:49,410
So I'm saying.

3020
02:40:49,410 --> 02:40:51,610
Yeah all right.

3021
02:40:51,610 --> 02:40:53,070
Number five.

3022
02:40:53,070 --> 02:40:58,310
The next item before the
Commission is ordinance 26 23.

3023
02:40:58,310 --> 02:41:00,950
This ordinance does not
change the underlying zoning

3024
02:41:00,950 --> 02:41:03,310
classification on the property.

3025
02:41:03,310 --> 02:41:07,430
Rather, it considers whether
the additional supplemental

3026
02:41:07,430 --> 02:41:10,470
standards, operational
requirements, and review

3027
02:41:10,470 --> 02:41:14,270
procedures established by the
digital infrastructure overlay

3028
02:41:14,270 --> 02:41:19,270
district should apply to
these specific properties

3029
02:41:19,270 --> 02:41:22,270
and any future digital
infrastructure development that

3030
02:41:22,270 --> 02:41:25,070
occurs on those properties.

3031
02:41:25,070 --> 02:41:28,790
The underlying light industrial
and industrial flex zoning

3032
02:41:28,790 --> 02:41:31,870
classifications, which
you have just voted on,

3033
02:41:31,870 --> 02:41:35,420
will remain unchanged
and other uses permitted

3034
02:41:35,420 --> 02:41:37,340
within those districts
will continue

3035
02:41:37,340 --> 02:41:41,180
to be allowed if a
different type of project

3036
02:41:41,180 --> 02:41:42,900
were to come before you.

3037
02:41:42,900 --> 02:41:46,660
I would note that the
dio regulations require

3038
02:41:46,660 --> 02:41:50,660
that property zoned industrial
flex require approval

3039
02:41:50,660 --> 02:41:53,780
of a planned unit development
before digital infrastructure

3040
02:41:53,780 --> 02:41:55,700
development may occur.

3041
02:41:55,700 --> 02:41:58,220
The planning commission
did conduct the required

3042
02:41:58,220 --> 02:42:01,740
public hearing on this
item, and voted 6 to 1

3043
02:42:01,740 --> 02:42:04,140
to recommend
approval of including

3044
02:42:04,140 --> 02:42:09,060
all 11 tracks within the digital
infrastructure overlay district.

3045
02:42:09,060 --> 02:42:12,700
As with the rezoning request,
a valid protest petition

3046
02:42:12,700 --> 02:42:16,060
has been filed with respect
to this application.

3047
02:42:16,060 --> 02:42:17,900
Accordingly, approval
of the planning

3048
02:42:17,900 --> 02:42:20,500
Commission's
recommendation requires

3049
02:42:20,500 --> 02:42:23,500
the affirmative vote of at
least 3/4 of the members

3050
02:42:23,500 --> 02:42:25,580
of the governing body.

3051
02:42:25,580 --> 02:42:31,060
And your other options to
override or modify require a 2/3

3052
02:42:31,060 --> 02:42:34,720
majority vote, and the
commission may also return

3053
02:42:34,720 --> 02:42:36,820
the application to the
planning commission,

3054
02:42:36,820 --> 02:42:39,960
specifying the reasons for
doing so or table the matter

3055
02:42:39,960 --> 02:42:43,320
for future consideration.

3056
02:42:43,320 --> 02:42:45,980
And as has been
stated several times,

3057
02:42:45,980 --> 02:42:51,400
this does not approve
a specific project.

3058
02:42:51,400 --> 02:42:54,960
All other planning
project approval

3059
02:42:54,960 --> 02:42:57,120
requirements remain in place.

3060
02:42:57,120 --> 02:42:59,760
Give it over to Mr. Gibbons.

3061
02:42:59,760 --> 02:43:00,940
She pretty much hit it.

3062
02:43:00,940 --> 02:43:03,160
All right there again.

3063
02:43:03,160 --> 02:43:05,140
Do you want to put
that map up again.

3064
02:43:05,140 --> 02:43:12,680
This is for the 1111 tracts of
land, kind of just hitting back

3065
02:43:12,680 --> 02:43:16,280
again on the dio requirements
of utility infrastructure

3066
02:43:16,280 --> 02:43:20,840
plan, waste water, water
service agreements, generation

3067
02:43:20,840 --> 02:43:25,720
agreements, emergency response
plans, traffic impact studies.

3068
02:43:25,720 --> 02:43:29,360
All of those things that we
just discussed on the dio

3069
02:43:29,360 --> 02:43:35,750
would be applicable here or the
specific project obligations

3070
02:43:35,750 --> 02:43:37,590
such as infrastructure
improvements,

3071
02:43:37,590 --> 02:43:40,590
operational commitments,
mitigation measures, monitoring

3072
02:43:40,590 --> 02:43:44,250
requirements, financial
assurances and other conditions,

3073
02:43:44,250 --> 02:43:47,230
and track 11 as
it was the request

3074
02:43:47,230 --> 02:43:49,590
to rezone as industrial flex.

3075
02:43:49,590 --> 02:43:52,530
It would have the additional
levels of approval required,

3076
02:43:52,530 --> 02:43:56,590
so being subject to pud
process, which requires

3077
02:43:56,590 --> 02:43:58,230
additional review
from the planning

3078
02:43:58,230 --> 02:44:00,670
commission and city commission.

3079
02:44:00,670 --> 02:44:04,350
This is again as
similar as a rezoning.

3080
02:44:04,350 --> 02:44:07,670
As the city attorney
has stated, staff

3081
02:44:07,670 --> 02:44:09,430
feels it is consistent
with the zoning

3082
02:44:09,430 --> 02:44:12,830
regulations consistent with
the comprehensive plan.

3083
02:44:12,830 --> 02:44:16,430
This also does provide an
additional level of protection

3084
02:44:16,430 --> 02:44:21,550
for neighboring uses and
again, not an approval

3085
02:44:21,550 --> 02:44:23,270
of a particular project.

3086
02:44:23,270 --> 02:44:26,470
Additional steps that will be
brought before the planning

3087
02:44:26,470 --> 02:44:28,670
commission and governing
body for approval

3088
02:44:28,670 --> 02:44:33,940
before a potential project could
be developed on this property.

3089
02:44:33,940 --> 02:44:36,240
With that, I would answer
any questions you may have.

3090
02:44:36,240 --> 02:44:39,980


3091
02:44:39,980 --> 02:44:41,740
Thank you.

3092
02:44:41,740 --> 02:44:44,260
The digital overlay.

3093
02:44:44,260 --> 02:44:49,020
Anyway, that covers
all industrial.

3094
02:44:49,020 --> 02:44:50,660
Not yet.

3095
02:44:50,660 --> 02:44:52,500
Yes it would.

3096
02:44:52,500 --> 02:44:55,140
So it isn't covering
all industrial

3097
02:44:55,140 --> 02:44:56,200
in the city of Emporia.

3098
02:44:56,200 --> 02:44:59,040
If some other
industrial only these.

3099
02:44:59,040 --> 02:45:02,620
It applies only to
these 11 tracks.

3100
02:45:02,620 --> 02:45:09,520
If a let's say I mean and I'm
going to take a little corner,

3101
02:45:09,520 --> 02:45:11,340
you could put it over there.

3102
02:45:11,340 --> 02:45:15,580
And they would have
to apply for inclusion

3103
02:45:15,580 --> 02:45:18,380
into a digital infrastructure
overlay district.

3104
02:45:18,380 --> 02:45:23,340
This is basically applies to all
digital infrastructure projects.

3105
02:45:23,340 --> 02:45:26,180
Well creation the creation.

3106
02:45:26,180 --> 02:45:30,120
And if I could say it
another way in order

3107
02:45:30,120 --> 02:45:33,880
to request being included
in the overlay district,

3108
02:45:33,880 --> 02:45:37,880
a property has to have
underlying base zoning of

3109
02:45:37,880 --> 02:45:40,200
an industrial classification.

3110
02:45:40,200 --> 02:45:45,160
So flex industrial and
low or high industrial.

3111
02:45:45,160 --> 02:45:49,640
Those are criteria that
establish eligibility

3112
02:45:49,640 --> 02:45:52,100
to be included in
the overlay district,

3113
02:45:52,100 --> 02:45:54,280
but that it includes
an application

3114
02:45:54,280 --> 02:45:57,440
to be included in the district.

3115
02:45:57,440 --> 02:46:01,480
For digital infrastructure
development on top of it.

3116
02:46:01,480 --> 02:46:05,440
So somebody could not just come
in on other industrial property

3117
02:46:05,440 --> 02:46:08,080
and ask for it would
have to go through

3118
02:46:08,080 --> 02:46:10,040
the they'd have to go
through this process

3119
02:46:10,040 --> 02:46:10,980
planning commission.

3120
02:46:10,980 --> 02:46:16,360
And I just wanted to confirm
previous though others

3121
02:46:16,360 --> 02:46:18,180
probably could open up.

3122
02:46:18,180 --> 02:46:19,300
It probably could have.

3123
02:46:19,300 --> 02:46:22,460
Yeah depending on
infrastructure needs.

3124
02:46:22,460 --> 02:46:27,270
And that was one of the
big reasons driving factors

3125
02:46:27,270 --> 02:46:29,830
behind the dio
text Amendment was

3126
02:46:29,830 --> 02:46:33,410
to be able to protect not just
these proposed properties,

3127
02:46:33,410 --> 02:46:35,110
but the city in general.

3128
02:46:35,110 --> 02:46:40,230
We would have had very difficult
time trying to if we would have

3129
02:46:40,230 --> 02:46:43,290
rejected a proposed
development in a light,

3130
02:46:43,290 --> 02:46:48,390
heavy industrial area without
additional regulations

3131
02:46:48,390 --> 02:46:49,330
on top of it.

3132
02:46:49,330 --> 02:46:53,510
And so, that was kind of one
of the prefaces for creating

3133
02:46:53,510 --> 02:46:56,210
the digital infrastructure
overlay text Amendment,

3134
02:46:56,210 --> 02:46:58,230
and then being able
to apply the dio

3135
02:46:58,230 --> 02:47:01,190
to specific properties
in the future, not

3136
02:47:01,190 --> 02:47:03,430
just these 11 tracks.

3137
02:47:03,430 --> 02:47:06,750
But you do have to apply to.

3138
02:47:06,750 --> 02:47:08,450
It's similar to rezoning.

3139
02:47:08,450 --> 02:47:10,090
You have to go before
the planning commission.

3140
02:47:10,090 --> 02:47:12,410
Planning commission has to
conduct a public hearing.

3141
02:47:12,410 --> 02:47:15,950
We have to review the
project or proposal

3142
02:47:15,950 --> 02:47:18,030
and bring something
before the planning

3143
02:47:18,030 --> 02:47:19,830
commission or city commission.

3144
02:47:19,830 --> 02:47:21,770
Thank you for
clarifying that for me.

3145
02:47:21,770 --> 02:47:24,870


3146
02:47:24,870 --> 02:47:27,450
Can I ask a developer
to come up here.

3147
02:47:27,450 --> 02:47:32,610
Sure and legal counsel.

3148
02:47:32,610 --> 02:47:34,370
And legal counsel.

3149
02:47:34,370 --> 02:47:36,070
Let's go ahead and
leave that on there.

3150
02:47:36,070 --> 02:47:39,210


3151
02:47:39,210 --> 02:47:41,130
I just want to clear
up something that's

3152
02:47:41,130 --> 02:47:44,210
been on the internet and make
sure we're all on the same page

3153
02:47:44,210 --> 02:47:46,130
with this discussion.

3154
02:47:46,130 --> 02:47:47,810
You guys understand
you guys do not have

3155
02:47:47,810 --> 02:47:49,190
a green light to build today.

3156
02:47:49,190 --> 02:47:52,090
You guys, before anything
would happen have to come back

3157
02:47:52,090 --> 02:47:53,150
with a development agreement.

3158
02:47:53,150 --> 02:47:54,850
Is everybody clear on that.

3159
02:47:54,850 --> 02:47:56,330
We absolutely understand that.

3160
02:47:56,330 --> 02:48:00,610
And are you guys willing to look
at EMFs and heat islands as part

3161
02:48:00,610 --> 02:48:01,870
of this process as well.

3162
02:48:01,870 --> 02:48:03,850
I think that's going to be
customary in the future.

3163
02:48:03,850 --> 02:48:05,070
OK yes.

3164
02:48:05,070 --> 02:48:05,830
Garrett yes.

3165
02:48:05,830 --> 02:48:06,570
Of course.

3166
02:48:06,570 --> 02:48:08,410
Thank you.

3167
02:48:08,410 --> 02:48:11,290
Yes OK.

3168
02:48:11,290 --> 02:48:14,970
Any other questions.

3169
02:48:14,970 --> 02:48:16,730
OK next motion.

3170
02:48:16,730 --> 02:48:17,850
Make a motion.

3171
02:48:17,850 --> 02:48:20,890
I'll make the motion to approve
ordinance 2623, including

3172
02:48:20,890 --> 02:48:22,890
certain properties
within the city

3173
02:48:22,890 --> 02:48:26,040
of Emporia, Kansas in the
digital infrastructure

3174
02:48:26,040 --> 02:48:27,240
overlay district.

3175
02:48:27,240 --> 02:48:30,960
And amending the official zoning
map to conform with said zoning.

3176
02:48:30,960 --> 02:48:33,200
I second that motion.

3177
02:48:33,200 --> 02:48:35,880
Second ordinance 2623, including
certain properties in the city

3178
02:48:35,880 --> 02:48:38,560
of Emporia, Kansas, in the
digital infrastructure overlay

3179
02:48:38,560 --> 02:48:40,840
district and amending the
official zoning map to confirm

3180
02:48:40,840 --> 02:48:41,500
said zoning.

3181
02:48:41,500 --> 02:48:43,320
Any other discussion.

3182
02:48:43,320 --> 02:48:44,480
All in favor, say Aye.

3183
02:48:44,480 --> 02:48:46,680
Aye Motion passes 5 0.

3184
02:48:46,680 --> 02:48:47,760
All right.

3185
02:48:47,760 --> 02:48:49,160
We're going to roll.

3186
02:48:49,160 --> 02:48:52,000
Let's go for five minutes.

3187
02:48:52,000 --> 02:48:53,840
Oh sorry.

3188
02:48:53,840 --> 02:48:56,080
Communications
sorry, Madam Mayor.

3189
02:48:56,080 --> 02:48:58,780
Two items on communications,
financials and permits,

3190
02:48:58,780 --> 02:48:59,980
and the June budget.

3191
02:48:59,980 --> 02:49:02,060
We'll talk a little bit more
about budget here in a minute.

3192
02:49:02,060 --> 02:49:05,720
So I'll stand for any questions.

3193
02:49:05,720 --> 02:49:07,120
All right.

3194
02:49:07,120 --> 02:49:09,140
Agenda three items
on consent agenda.

3195
02:49:09,140 --> 02:49:11,260
Commission meeting
minutes from June 1.

3196
02:49:11,260 --> 02:49:13,040
Application to the
Federal Home Loan Bank

3197
02:49:13,040 --> 02:49:15,120
for topeka's affordable
housing program.

3198
02:49:15,120 --> 02:49:18,040
And a request from CDOT to run
fiber along the prairie Street

3199
02:49:18,040 --> 02:49:19,960
Bridge at I-35.

3200
02:49:19,960 --> 02:49:21,860
I have a motion to
accept consent agenda.

3201
02:49:21,860 --> 02:49:22,900
So moved.

3202
02:49:22,900 --> 02:49:24,480
Second Motion and second.

3203
02:49:24,480 --> 02:49:25,040
For consent.

3204
02:49:25,040 --> 02:49:27,020
Agenda any other discussion.

3205
02:49:27,020 --> 02:49:28,180
All in favor, say Aye.

3206
02:49:28,180 --> 02:49:31,680
Aye informational items.

3207
02:49:31,680 --> 02:49:35,540
August 5 is our next meeting.

3208
02:49:35,540 --> 02:49:36,200
Good morning.

3209
02:49:36,200 --> 02:49:37,100
During the budget.

3210
02:49:37,100 --> 02:49:39,880
Budget and we will probably
have the discussion.

3211
02:49:39,880 --> 02:49:41,180
Citizens petition.

3212
02:49:41,180 --> 02:49:43,620
OK I will be remote.

3213
02:49:43,620 --> 02:49:47,720
OK governing body comments.

3214
02:49:47,720 --> 02:49:50,620


3215
02:49:50,620 --> 02:49:52,840
I would like to just
say, oh, I'm sorry.

3216
02:49:52,840 --> 02:49:56,100
Kurt goes first.

3217
02:49:56,100 --> 02:49:56,680
Oh, yeah.

3218
02:49:56,680 --> 02:49:57,800
Sorry that was me.

3219
02:49:57,800 --> 02:50:00,380
How bad that was to me.

3220
02:50:00,380 --> 02:50:01,200
Can I go first.

3221
02:50:01,200 --> 02:50:04,460
Yeah do you want to go first.

3222
02:50:04,460 --> 02:50:06,700
One governing body
was on you, right.

3223
02:50:06,700 --> 02:50:11,100
OK I was just going to say that
I would like people who said

3224
02:50:11,100 --> 02:50:13,340
that they have not felt heard.

3225
02:50:13,340 --> 02:50:15,500
I would like to say that I
know the planning and zoning

3226
02:50:15,500 --> 02:50:17,980
commission listened for hours.

3227
02:50:17,980 --> 02:50:20,020
I would like to say
that we have listened

3228
02:50:20,020 --> 02:50:22,310
to multiple public comments.

3229
02:50:22,310 --> 02:50:23,110
For hours.

3230
02:50:23,110 --> 02:50:24,510
I've responded to emails.

3231
02:50:24,510 --> 02:50:25,710
I've read emails.

3232
02:50:25,710 --> 02:50:27,450
I've read studies.

3233
02:50:27,450 --> 02:50:31,170
I've tried to
engage with people.

3234
02:50:31,170 --> 02:50:33,290
We have listened.

3235
02:50:33,290 --> 02:50:34,390
That's what I'd like to say.

3236
02:50:34,390 --> 02:50:37,450
I'm sorry if the
decisions made were not

3237
02:50:37,450 --> 02:50:42,870
what you wanted or were
asking for, but we did listen.

3238
02:50:42,870 --> 02:50:45,410


3239
02:50:45,410 --> 02:50:49,310
First I will concur
with you on that,

3240
02:50:49,310 --> 02:50:55,290
and I hope the community
will give us the time to work

3241
02:50:55,290 --> 02:50:58,910
on this with the end user.

3242
02:50:58,910 --> 02:51:05,090
If one comes forward and
create the best infrastructure

3243
02:51:05,090 --> 02:51:06,310
model that we can.

3244
02:51:06,310 --> 02:51:09,770


3245
02:51:09,770 --> 02:51:14,370
I know it's been a long haul.

3246
02:51:14,370 --> 02:51:17,410
I am.

3247
02:51:17,410 --> 02:51:20,510
Optimistic that we can
community all come together.

3248
02:51:20,510 --> 02:51:23,730
I am not for or against.

3249
02:51:23,730 --> 02:51:27,190
I may for going through the
process to make sure Emporia

3250
02:51:27,190 --> 02:51:29,310
has the best they can get.

3251
02:51:29,310 --> 02:51:32,390
All I got is that there
is a disk golf tournament

3252
02:51:32,390 --> 02:51:33,690
this weekend with all the pros.

3253
02:51:33,690 --> 02:51:37,870
So the number one player, one
player in the world, the highest

3254
02:51:37,870 --> 02:51:40,190
ranked disk golfer of all time.

3255
02:51:40,190 --> 02:51:42,890
Really 1920-year-old Dannenberg.

3256
02:51:42,890 --> 02:51:44,410
Yeah 21.

3257
02:51:44,410 --> 02:51:48,390
21 and it's not me
and it's not you.

3258
02:51:48,390 --> 02:51:49,650
Well there's that.

3259
02:51:49,650 --> 02:51:50,730
Anyway, go ahead.

3260
02:51:50,730 --> 02:51:54,690
There's a lot of big
feelings in this.

3261
02:51:54,690 --> 02:51:59,430
I don't think anyone has
been left out of that.

3262
02:51:59,430 --> 02:52:01,650
We are human like
everybody else.

3263
02:52:01,650 --> 02:52:04,190
That has concerns.

3264
02:52:04,190 --> 02:52:07,110
But feelings are not facts.

3265
02:52:07,110 --> 02:52:09,670
We are looking for facts.

3266
02:52:09,670 --> 02:52:11,690
That is what we
are supposed to do.

3267
02:52:11,690 --> 02:52:13,870
That is what we are doing.

3268
02:52:13,870 --> 02:52:15,690
We will continue to do that.

3269
02:52:15,690 --> 02:52:18,780


3270
02:52:18,780 --> 02:52:19,660
Is that yours.

3271
02:52:19,660 --> 02:52:23,140
Yeah, I'll just emphasize
that I plan on getting folks

3272
02:52:23,140 --> 02:52:25,540
from both sides of the
aisle together and sharing

3273
02:52:25,540 --> 02:52:28,300
actual facts and helping
the community feel

3274
02:52:28,300 --> 02:52:30,900
like they're heard on what
are our non-negotiables

3275
02:52:30,900 --> 02:52:31,960
as a community.

3276
02:52:31,960 --> 02:52:34,760
I love that idea of
everybody getting together.

3277
02:52:34,760 --> 02:52:37,540
So you had a chance
because we want

3278
02:52:37,540 --> 02:52:41,100
what's best for this community.

3279
02:52:41,100 --> 02:52:41,800
All right.

3280
02:52:41,800 --> 02:52:46,420
We are going to recess,
probably 45 minutes.

3281
02:52:46,420 --> 02:52:50,040
I'll make a motion to recess
for right away, though.

3282
02:52:50,040 --> 02:52:52,420
Yeah OK.

3283
02:52:52,420 --> 02:52:59,260
43 minutes to 2:30 and resume
upstairs in the conference

3284
02:52:59,260 --> 02:53:02,700
room at 2:30 PM.

3285
02:53:02,700 --> 02:53:05,380
Second All in favor, say Aye.

3286
02:53:05,380 --> 02:53:06,800
Aye Motion passes.

3287
02:53:06,800 --> 03:35:26,540


3288
03:35:26,540 --> 03:35:28,660
We take a five minute recess.

3289
03:35:28,660 --> 03:35:30,880
Second All in favor.

3290
03:35:30,880 --> 03:35:31,880
All those in favor.

3291
03:35:31,880 --> 03:35:34,100
Aye OK.

3292
03:35:34,100 --> 03:35:35,860
Motion passes.

3293
03:35:35,860 --> 03:35:36,600
Great job.

3294
03:35:36,600 --> 03:40:14,420


3295
03:40:14,420 --> 03:40:18,060
Order and we are
now into the budget

3296
03:40:18,060 --> 03:40:20,940
discussion with the Janet show.

3297
03:40:20,940 --> 03:40:21,520
You want to talk.

3298
03:40:21,520 --> 03:40:22,120
Do you want me to.

3299
03:40:22,120 --> 03:40:24,180
Yeah we just wanted
to go over line item

3300
03:40:24,180 --> 03:40:26,880
by department, or at least
by category by department.

3301
03:40:26,880 --> 03:40:28,900
So you guys can see those.

3302
03:40:28,900 --> 03:40:32,500
I would say on general
fund, we're at one point

3303
03:40:32,500 --> 03:40:34,800
ending balance of 1.3 million.

3304
03:40:34,800 --> 03:40:36,160
We won't be anywhere near that.

3305
03:40:36,160 --> 03:40:39,280
But we've kind of determined
that 1.6 is a safe level.

3306
03:40:39,280 --> 03:40:40,640
That's what we
presented last year.

3307
03:40:40,640 --> 03:40:42,380
That's what we
are hopeful to get

3308
03:40:42,380 --> 03:40:43,720
back to at this point in time.

3309
03:40:43,720 --> 03:40:46,780
But let's go over how
Janet run through.

3310
03:40:46,780 --> 03:40:50,580
OK Taylor very graciously
has put together

3311
03:40:50,580 --> 03:40:51,880
this wonderful PowerPoint.

3312
03:40:51,880 --> 03:40:55,100
I give her all the credit.

3313
03:40:55,100 --> 03:40:58,870
So we'll just go
department by department.

3314
03:40:58,870 --> 03:41:00,930
What she's done here
on the first screen

3315
03:41:00,930 --> 03:41:04,910
is picked out the
largest two categories.

3316
03:41:04,910 --> 03:41:08,290
And you will see personnel on
every single department as one

3317
03:41:08,290 --> 03:41:11,090
of the largest categories.

3318
03:41:11,090 --> 03:41:14,090
This is the commissioner
manager clerk.

3319
03:41:14,090 --> 03:41:19,890
So this would is
basically the people

3320
03:41:19,890 --> 03:41:22,490
upstairs in the city
manager's office

3321
03:41:22,490 --> 03:41:25,850
and what their expenses are.

3322
03:41:25,850 --> 03:41:30,450
As you can see, the majority
of it is in personnel.

3323
03:41:30,450 --> 03:41:33,830
And then other charges is
the other big category.

3324
03:41:33,830 --> 03:41:36,530
And you will note
the drop there.

3325
03:41:36,530 --> 03:41:40,470
25 was when we had both the
deputy and assistant position.

3326
03:41:40,470 --> 03:41:43,290
We only had the
assistant position

3327
03:41:43,290 --> 03:41:45,390
through June of this year.

3328
03:41:45,390 --> 03:41:47,030
Can we take a picture
of that looked better.

3329
03:41:47,030 --> 03:41:49,570
He made our numbers look
better without them.

3330
03:41:49,570 --> 03:41:51,290
Better without better.

3331
03:41:51,290 --> 03:41:52,710
At least on a budget standpoint.

3332
03:41:52,710 --> 03:41:57,220
Yeah So we'll just
flip through these.

3333
03:41:57,220 --> 03:41:59,920
And if you have questions,
just let me know.

3334
03:41:59,920 --> 03:42:02,380
The next one is your
internal services.

3335
03:42:02,380 --> 03:42:06,720
So accounting HR
it communications.

3336
03:42:06,720 --> 03:42:12,140
Again salaries is the
largest one with commodities.

3337
03:42:12,140 --> 03:42:16,400
And a lot of the commodities
is your insurance

3338
03:42:16,400 --> 03:42:19,800
those type of things.

3339
03:42:19,800 --> 03:42:22,600
Are we going to talk
about insurance later.

3340
03:42:22,600 --> 03:42:24,980
Policies for when do we do that.

3341
03:42:24,980 --> 03:42:27,680
When we have to reevaluate
what we pay or not

3342
03:42:27,680 --> 03:42:29,100
pay for health insurance.

3343
03:42:29,100 --> 03:42:32,740
Yeah typically we have that
conversation in September.

3344
03:42:32,740 --> 03:42:35,280
OK we'll just let you guys
know where we are with that.

3345
03:42:35,280 --> 03:42:39,080
And we are running what
they say 17% is what

3346
03:42:39,080 --> 03:42:41,220
they're saying 17 increase.

3347
03:42:41,220 --> 03:42:42,940
Yes so we're watching that.

3348
03:42:42,940 --> 03:42:45,200
Hopefully that drops
a little bit more.

3349
03:42:45,200 --> 03:42:46,240
And we can.

3350
03:42:46,240 --> 03:42:48,360
Yeah and our budget
includes a 10%

3351
03:42:48,360 --> 03:42:51,440
increase for health insurance.

3352
03:42:51,440 --> 03:42:55,880
And point this out because
our health we are self-funded.

3353
03:42:55,880 --> 03:42:58,620
We do have a rather
large reserve.

3354
03:42:58,620 --> 03:43:00,540
Still today, yes.

3355
03:43:00,540 --> 03:43:03,880
We can fund it at 10%
And then if we run under,

3356
03:43:03,880 --> 03:43:06,280
which hopefully we
do, if we run over,

3357
03:43:06,280 --> 03:43:07,880
then we'll have to adjust in 28.

3358
03:43:07,880 --> 03:43:09,260
But if we run under
we're probably

3359
03:43:09,260 --> 03:43:15,380
OK at 10% Yeah OK the next
one is the police department

3360
03:43:15,380 --> 03:43:17,900
again personnel
the transfers out

3361
03:43:17,900 --> 03:43:20,660
I'll tell you that is
for the leased vehicles

3362
03:43:20,660 --> 03:43:24,180
that we're transferring to
the equipment reserve fund.

3363
03:43:24,180 --> 03:43:29,920
That's their other big, I
should say big expenditure more.

3364
03:43:29,920 --> 03:43:33,020


3365
03:43:33,020 --> 03:43:37,780
And for the majority
of the categories

3366
03:43:37,780 --> 03:43:40,520
they are decreasing or.

3367
03:43:40,520 --> 03:43:42,500
Sorry yeah.

3368
03:43:42,500 --> 03:43:48,100
Yeah no increasing couple
or ignore that comment.

3369
03:43:48,100 --> 03:43:51,680
Transfers is the only
one decreasing OK.

3370
03:43:51,680 --> 03:43:52,800
Fire department.

3371
03:43:52,800 --> 03:43:55,610


3372
03:43:55,610 --> 03:44:00,370
Same story with all of
those personal growth.

3373
03:44:00,370 --> 03:44:03,770
Yeah, we do have some
additional what is

3374
03:44:03,770 --> 03:44:05,850
it under contractual service.

3375
03:44:05,850 --> 03:44:07,250
Contractual services.

3376
03:44:07,250 --> 03:44:08,970
Now that we do have
separate building

3377
03:44:08,970 --> 03:44:12,610
we have insurance costs
on the new building

3378
03:44:12,610 --> 03:44:14,130
and we have utility.

3379
03:44:14,130 --> 03:44:17,710
Before that was all just
one cost for this building.

3380
03:44:17,710 --> 03:44:19,810
So now they have their
own utility cost.

3381
03:44:19,810 --> 03:44:21,750
Yeah they did have
for fire station 2,

3382
03:44:21,750 --> 03:44:24,490
but now they have two
stations and transfers

3383
03:44:24,490 --> 03:44:27,250
out just for the random ones.

3384
03:44:27,250 --> 03:44:28,470
The transfers out.

3385
03:44:28,470 --> 03:44:33,570
That would be the leased
vehicles that they have.

3386
03:44:33,570 --> 03:44:35,950
Those payments cannot be
made within general fund.

3387
03:44:35,950 --> 03:44:40,050
They're moved to equipment
reserve for that payment

3388
03:44:40,050 --> 03:44:40,550
to be made.

3389
03:44:40,550 --> 03:44:42,510
And that's why if you go police
departments, the largest,

3390
03:44:42,510 --> 03:44:46,490
they have the largest,
most of the vehicles, most

3391
03:44:46,490 --> 03:44:48,490
of the vehicles in
the general fund.

3392
03:44:48,490 --> 03:44:51,950
Correct yeah.

3393
03:44:51,950 --> 03:44:57,590
Court same scenario.

3394
03:44:57,590 --> 03:45:01,070
A lot of the other
charges is bad debt,

3395
03:45:01,070 --> 03:45:05,130
which is also part of the other
charges in the fire department.

3396
03:45:05,130 --> 03:45:08,230
So those accounts that are
not being paid that we have

3397
03:45:08,230 --> 03:45:10,550
to write off after two years.

3398
03:45:10,550 --> 03:45:12,050
Are we adding a staff member.

3399
03:45:12,050 --> 03:45:16,110
Their personnel went up or.

3400
03:45:16,110 --> 03:45:18,590
Their shorter person right now.

3401
03:45:18,590 --> 03:45:22,990
Oh, and so if that person
comes back in then yeah.

3402
03:45:22,990 --> 03:45:24,670
But we have not
added we don't have

3403
03:45:24,670 --> 03:45:26,950
we're not adding any additional
personnel in this budget

3404
03:45:26,950 --> 03:45:28,310
next year.

3405
03:45:28,310 --> 03:45:29,010
No, no.

3406
03:45:29,010 --> 03:45:30,930
That's already a spot
that's just open.

3407
03:45:30,930 --> 03:45:33,490
Yeah so we have one clerk
that's gone right now.

3408
03:45:33,490 --> 03:45:36,630


3409
03:45:36,630 --> 03:45:39,950
OK yeah.

3410
03:45:39,950 --> 03:45:48,990
Engineering the transfers
out back in 2025.

3411
03:45:48,990 --> 03:45:51,300
All of the work that
engineering department

3412
03:45:51,300 --> 03:45:53,900
did for other projects.

3413
03:45:53,900 --> 03:45:56,420
A lot of the streets,
water lines, things

3414
03:45:56,420 --> 03:45:59,380
like that, we were
transferring their personnel

3415
03:45:59,380 --> 03:46:01,300
costs to those projects.

3416
03:46:01,300 --> 03:46:04,700
We're not able to do that
because most of the projects

3417
03:46:04,700 --> 03:46:08,200
are state funded and they
do not allow that charge,

3418
03:46:08,200 --> 03:46:10,960
so their personnel expenses
are staying within their funds.

3419
03:46:10,960 --> 03:46:13,820
So that's why transfers
was so high in 25

3420
03:46:13,820 --> 03:46:17,560
and has declined the
following two years.

3421
03:46:17,560 --> 03:46:21,980


3422
03:46:21,980 --> 03:46:25,960
Golf course and golf
shop kind of same story.

3423
03:46:25,960 --> 03:46:30,700
Your commodities is all of your
chemicals on the golf course

3424
03:46:30,700 --> 03:46:35,140
itself and then utilities
of watering when they

3425
03:46:35,140 --> 03:46:38,940
have to for the golf course.

3426
03:46:38,940 --> 03:46:43,400
What is capital right
now Goff course has.

3427
03:46:43,400 --> 03:46:46,340


3428
03:46:46,340 --> 03:46:49,100
No, that would be a bond issue.

3429
03:46:49,100 --> 03:46:54,440
They have a sprayer that
they're wanting in 27.

3430
03:46:54,440 --> 03:47:02,720
That's $90,000.

3431
03:47:02,720 --> 03:47:05,620
OK parks and the aquatic center.

3432
03:47:05,620 --> 03:47:08,680


3433
03:47:08,680 --> 03:47:14,240
Personnel is declined
a little bit since 26.

3434
03:47:14,240 --> 03:47:17,320
Utilities continue
going up again.

3435
03:47:17,320 --> 03:47:20,400
Water is the biggest
one on that one.

3436
03:47:20,400 --> 03:47:25,480
And did we give them an extra
in their contract this year

3437
03:47:25,480 --> 03:47:27,440
or did we say leave
it the same as 2 years

3438
03:47:27,440 --> 03:47:29,140
ago for the aquatic center.

3439
03:47:29,140 --> 03:47:32,180
There was that increase if they
stay open those extra weekends.

3440
03:47:32,180 --> 03:47:33,060
Oh that's right.

3441
03:47:33,060 --> 03:47:34,500
It may or may not be.

3442
03:47:34,500 --> 03:47:35,480
Yeah if they don't stay open.

3443
03:47:35,480 --> 03:47:38,300
Kevin, we haven't heard anything
about that at this point.

3444
03:47:38,300 --> 03:47:42,080
No not heard or anything.

3445
03:47:42,080 --> 03:47:45,120
And then the zoo.

3446
03:47:45,120 --> 03:47:46,580
Personnel and commodities.

3447
03:47:46,580 --> 03:47:48,670
You got to feed those animals.

3448
03:47:48,670 --> 03:47:51,270
So that's why
commodities is higher.

3449
03:47:51,270 --> 03:47:56,090
And again the water for those.

3450
03:47:56,090 --> 03:47:59,930
And they don't have any capital
this year out of general fund.

3451
03:47:59,930 --> 03:48:03,230


3452
03:48:03,230 --> 03:48:05,830
So yeah.

3453
03:48:05,830 --> 03:48:09,630
And then the Civic Auditorium
that is for this building, as

3454
03:48:09,630 --> 03:48:12,750
well as the maintenance contract
for the library, the concessions

3455
03:48:12,750 --> 03:48:13,410
here.

3456
03:48:13,410 --> 03:48:17,610
And then there's also
a division for mowing.

3457
03:48:17,610 --> 03:48:19,630
That's not park related.

3458
03:48:19,630 --> 03:48:24,150
That's all under the Civic
Auditorium department.

3459
03:48:24,150 --> 03:48:28,350
And I will say all
of the expenses

3460
03:48:28,350 --> 03:48:31,650
for this building hit the
Civic Auditorium department.

3461
03:48:31,650 --> 03:48:34,710
We don't break out the water
or the electricity or anything

3462
03:48:34,710 --> 03:48:35,250
like that.

3463
03:48:35,250 --> 03:48:37,390
I turn the lights
off in the bathroom.

3464
03:48:37,390 --> 03:48:43,110
All of that is paid
in this department.

3465
03:48:43,110 --> 03:48:49,810
We could reduce mowing if
we get some goats or ducks.

3466
03:48:49,810 --> 03:48:50,610
We should have ducks.

3467
03:48:50,610 --> 03:48:52,750
And then the building and
neighborhood development.

3468
03:48:52,750 --> 03:48:55,610


3469
03:48:55,610 --> 03:48:58,690
Again, personnel costs in there.

3470
03:48:58,690 --> 03:49:02,450
The transfers are
your enterprise

3471
03:49:02,450 --> 03:49:04,670
vehicles that are going out.

3472
03:49:04,670 --> 03:49:15,370
And so pretty straightforward
Municipal Airport.

3473
03:49:15,370 --> 03:49:17,530
The commodities
is where the fuel

3474
03:49:17,530 --> 03:49:24,170
lays at in there is a profit
between the amount of fuel

3475
03:49:24,170 --> 03:49:26,310
that we are buying versus
what we're selling.

3476
03:49:26,310 --> 03:49:29,330


3477
03:49:29,330 --> 03:49:33,210
Have they started, Trey, on
putting that new pump in.

3478
03:49:33,210 --> 03:49:36,810
The new gas pump that doesn't
look like it's from 1940.

3479
03:49:36,810 --> 03:49:38,190
Yeah that was signed.

3480
03:49:38,190 --> 03:49:40,270
I know that part
of that project,

3481
03:49:40,270 --> 03:49:42,530
the bid came in
higher and Brian and

3482
03:49:42,530 --> 03:49:43,760
they've been working on that.

3483
03:49:43,760 --> 03:49:46,860
But the gas pump project
has been greenlighted.

3484
03:49:46,860 --> 03:49:48,160
It's that second
part of it, which

3485
03:49:48,160 --> 03:49:51,480
is the apron extension, that
bid came in about half a million

3486
03:49:51,480 --> 03:49:52,187
higher than.

3487
03:49:52,187 --> 03:49:53,320
So we're just
waiting for somebody

3488
03:49:53,320 --> 03:49:54,780
to put in the new gas pump.

3489
03:49:54,780 --> 03:49:56,700
Yes, that part's been approved.

3490
03:49:56,700 --> 03:50:02,040
It's the second part, the apron
that we need to figure out.

3491
03:50:02,040 --> 03:50:08,040
And then the last slide is a
quick summary of all the CIP

3492
03:50:08,040 --> 03:50:12,480
that is in general fund.

3493
03:50:12,480 --> 03:50:18,600
So this year or 27,
it's 475,000 versus

3494
03:50:18,600 --> 03:50:23,000
this year it's about 312,000.

3495
03:50:23,000 --> 03:50:28,760
So a little bit higher
on our capital items.

3496
03:50:28,760 --> 03:50:31,340
Mostly because of
the park mowers.

3497
03:50:31,340 --> 03:50:35,280


3498
03:50:35,280 --> 03:50:39,120
So questions as Trey
indicated we're continuing

3499
03:50:39,120 --> 03:50:42,600
to look through the budget.

3500
03:50:42,600 --> 03:50:47,860
See what adjustments
and tweaks we can make.

3501
03:50:47,860 --> 03:50:53,460
Hoping to end the year with
a budgeted balance of 1.6.

3502
03:50:53,460 --> 03:50:57,900
This budget here is
presented is at 1.3.

3503
03:50:57,900 --> 03:50:59,580
That is.

3504
03:50:59,580 --> 03:51:01,920
And we did not talk
about the revenue side,

3505
03:51:01,920 --> 03:51:09,020
but revenue is flat with
our Mills from last year

3506
03:51:09,020 --> 03:51:10,280
or for this year.

3507
03:51:10,280 --> 03:51:14,060


3508
03:51:14,060 --> 03:51:15,860
And we'll look at that
a little closer to.

3509
03:51:15,860 --> 03:51:20,860
Yeah questions direction.

3510
03:51:20,860 --> 03:51:22,860
So Trey, you talk a
little bit about personnel

3511
03:51:22,860 --> 03:51:24,980
when we first started.

3512
03:51:24,980 --> 03:51:28,180
And then the fact
that you're watching

3513
03:51:28,180 --> 03:51:30,580
that real close to
making sure what you

3514
03:51:30,580 --> 03:51:32,260
hire for and what you don't.

3515
03:51:32,260 --> 03:51:35,940
Can you explain the areas
that are a must hire.

3516
03:51:35,940 --> 03:51:37,660
I mean, obviously
public safety is first

3517
03:51:37,660 --> 03:51:41,050
and foremost, we
have an engineering

3518
03:51:41,050 --> 03:51:43,330
position open right now.

3519
03:51:43,330 --> 03:51:46,610
Unless somebody really
outstanding comes our way,

3520
03:51:46,610 --> 03:51:47,670
I'm going to hold that.

3521
03:51:47,670 --> 03:51:50,910
Especially as we start to
go into the quieter time.

3522
03:51:50,910 --> 03:51:51,670
That may be something.

3523
03:51:51,670 --> 03:51:53,230
I haven't had this
conversation with Jim,

3524
03:51:53,230 --> 03:51:58,250
but as we get into January,
maybe take a look at that

3525
03:51:58,250 --> 03:51:58,990
right now.

3526
03:51:58,990 --> 03:52:01,630
But the bad thing,
all these positions.

3527
03:52:01,630 --> 03:52:04,970
And I'll use engineering
as an example.

3528
03:52:04,970 --> 03:52:06,670
If we have a project.

3529
03:52:06,670 --> 03:52:08,770
And if we have a
certified inspector,

3530
03:52:08,770 --> 03:52:11,410
it is a whole lot
cheaper for us to have

3531
03:52:11,410 --> 03:52:15,530
our own certified inspector
than hiring typically

3532
03:52:15,530 --> 03:52:17,550
BG to be the Inspector.

3533
03:52:17,550 --> 03:52:18,590
So there's cost savings.

3534
03:52:18,590 --> 03:52:20,750
Now, if we don't have
a project coming up,

3535
03:52:20,750 --> 03:52:22,290
or if we have somebody
who's going to take two

3536
03:52:22,290 --> 03:52:24,870
years because the
guy that we had,

3537
03:52:24,870 --> 03:52:26,870
I think he started
one day before I did,

3538
03:52:26,870 --> 03:52:28,330
he was here for four years.

3539
03:52:28,330 --> 03:52:31,890
He was an excellent inspector,
and he went back to Wyoming.

3540
03:52:31,890 --> 03:52:33,970
But then they brought
in somebody to train.

3541
03:52:33,970 --> 03:52:36,910
And not that he
wasn't a good person.

3542
03:52:36,910 --> 03:52:38,710
It just was not a
good fit for him.

3543
03:52:38,710 --> 03:52:39,450
Pam so.

3544
03:52:39,450 --> 03:52:41,030
But he was not somebody
that we could send out

3545
03:52:41,030 --> 03:52:43,730
and say on day one, go do it.

3546
03:52:43,730 --> 03:52:46,730
So that's something
we have to manage.

3547
03:52:46,730 --> 03:52:50,190
I know we have a court clerk
position open right now,

3548
03:52:50,190 --> 03:52:53,790
I think have a little bit of
a conversation about that.

3549
03:52:53,790 --> 03:52:56,210
But we just look at
them as one offs.

3550
03:52:56,210 --> 03:53:01,670
Obviously debtor's position
is another one that we.

3551
03:53:01,670 --> 03:53:05,590
Well not debtor's
position, but we for now

3552
03:53:05,590 --> 03:53:09,690
we went ahead and stepped back
from having that position today.

3553
03:53:09,690 --> 03:53:11,310
So I mean I think
we just have to look

3554
03:53:11,310 --> 03:53:12,770
at it on debtor's position.

3555
03:53:12,770 --> 03:53:16,630
We didn't feel
Taylor's correct OK.

3556
03:53:16,630 --> 03:53:18,430
Thank you.

3557
03:53:18,430 --> 03:53:22,870
What if whether she
likes it or not.

3558
03:53:22,870 --> 03:53:28,310
Yes the former Taylor
position is we left that open.

3559
03:53:28,310 --> 03:53:31,870
So, we continue to look
at all of those on a case

3560
03:53:31,870 --> 03:53:34,750
by case basis.

3561
03:53:34,750 --> 03:53:37,800
OK looks good.

3562
03:53:37,800 --> 03:53:39,380
Are you feeling better.

3563
03:53:39,380 --> 03:53:40,660
Feeling a little better.

3564
03:53:40,660 --> 03:53:42,860
I think we need to tease
some stuff out a little bit.

3565
03:53:42,860 --> 03:53:45,000
Yeah, I fire department still.

3566
03:53:45,000 --> 03:53:48,640
I mean, if you go back to
fire department, probably.

3567
03:53:48,640 --> 03:53:50,220
They were understaffed
for years.

3568
03:53:50,220 --> 03:53:50,720
They are.

3569
03:53:50,720 --> 03:53:53,200
I mean, you're still seeing
pretty good personnel jumps.

3570
03:53:53,200 --> 03:53:55,320
I need to tease that
out a little bit.

3571
03:53:55,320 --> 03:54:00,660
But the fire department
when you and right here

3572
03:54:00,660 --> 03:54:02,040
it's combined EMS and fire.

3573
03:54:02,040 --> 03:54:04,040
Typically we presented
as two separate budgets.

3574
03:54:04,040 --> 03:54:08,060
But it's our biggest department
of course it's biggest general

3575
03:54:08,060 --> 03:54:10,220
funded department.

3576
03:54:10,220 --> 03:54:15,160
I think 53 is what they
have and 53 firefighters.

3577
03:54:15,160 --> 03:54:17,040
But it's like insurance.

3578
03:54:17,040 --> 03:54:18,800
You pray you don't ever need it.

3579
03:54:18,800 --> 03:54:19,380
Oh yeah.

3580
03:54:19,380 --> 03:54:20,860
But if we can have
them when you're we've

3581
03:54:20,860 --> 03:54:23,820
had a couple days
through the summer

3582
03:54:23,820 --> 03:54:26,520
that it's been between
those pressing for them.

3583
03:54:26,520 --> 03:54:29,060
Yes it is a little
bit less personnel.

3584
03:54:29,060 --> 03:54:35,970
So we have guys are authorized
43 red light I believe it is 44

3585
03:54:35,970 --> 03:54:37,750
now 44 with the SRO position.

3586
03:54:37,750 --> 03:54:39,290
That school district
is reimbursing this

3587
03:54:39,290 --> 03:54:40,950
for three quarters of that.

3588
03:54:40,950 --> 03:54:46,270
But so 44 plus we
have 3 and that.

3589
03:54:46,270 --> 03:54:48,650
And that's what we call sworn.

3590
03:54:48,650 --> 03:54:49,990
Even though firefighters
aren't sworn,

3591
03:54:49,990 --> 03:54:51,350
we sometimes still
call them sworn.

3592
03:54:51,350 --> 03:54:53,870
But, firefighters versus admins.

3593
03:54:53,870 --> 03:54:55,290
So right.

3594
03:54:55,290 --> 03:54:57,350
Fire department has three admin.

3595
03:54:57,350 --> 03:55:04,290
So takes them to 56 PD
has you count you have

3596
03:55:04,290 --> 03:55:09,130
four admin five admin
with Brittany and PD

3597
03:55:09,130 --> 03:55:11,370
because they have to do
all the records as part

3598
03:55:11,370 --> 03:55:15,590
of that it takes up to 4949.

3599
03:55:15,590 --> 03:55:20,770
Yeah so and that's another
place that we have.

3600
03:55:20,770 --> 03:55:25,890
When the police chief's
administrative assistant left

3601
03:55:25,890 --> 03:55:29,510
last year, we moved a
records clerk in there,

3602
03:55:29,510 --> 03:55:33,850
and she's kind of been
half time doing both jobs.

3603
03:55:33,850 --> 03:55:35,410
Said she could do a
little bit of overtime,

3604
03:55:35,410 --> 03:55:38,570
but that's been cheaper
than filling that position.

3605
03:55:38,570 --> 03:55:41,950
So we continue to
look for opportunities

3606
03:55:41,950 --> 03:55:43,090
as we have openings.

3607
03:55:43,090 --> 03:55:46,810
And some of it is capability.

3608
03:55:46,810 --> 03:55:48,910
I had a very capable
person that we could

3609
03:55:48,910 --> 03:55:51,430
move up to the deputy position.

3610
03:55:51,430 --> 03:55:55,610
And I feel like with Taylor that
we're good running right now.

3611
03:55:55,610 --> 03:55:59,210
And of course, bringing Brian
in for public works director.

3612
03:55:59,210 --> 03:56:01,790
I mean, there's just we
have so you have to look

3613
03:56:01,790 --> 03:56:03,930
at it always old debate.

3614
03:56:03,930 --> 03:56:05,430
Do you build an organization
around personnel

3615
03:56:05,430 --> 03:56:07,363
or do you build it
around functions.

3616
03:56:07,363 --> 03:56:09,230
I think it's a little bit of
both, because when you have

3617
03:56:09,230 --> 03:56:14,630
people who are capable can
sometimes run with a little bit

3618
03:56:14,630 --> 03:56:15,730
less a little later.

3619
03:56:15,730 --> 03:56:20,150


3620
03:56:20,150 --> 03:56:21,050
I think we're good.

3621
03:56:21,050 --> 03:56:21,710
Thank you.

3622
03:56:21,710 --> 03:56:22,930
OK thank you Janet.

3623
03:56:22,930 --> 03:56:24,930
We'll be looking
at utility funds.

3624
03:56:24,930 --> 03:56:28,090
Yes and we'll probably
talk a little property tax.

3625
03:56:28,090 --> 03:56:33,900
We'll look at this a little
more on the fifth and then talk

3626
03:56:33,900 --> 03:56:34,920
about utility funds.

3627
03:56:34,920 --> 03:56:37,200
But water runs.

3628
03:56:37,200 --> 03:56:39,380
Mac is looking at
some numbers for us

3629
03:56:39,380 --> 03:56:41,880
on that solid waste and waste.

3630
03:56:41,880 --> 03:56:43,520
So all three of those,
we're looking at numbers.

3631
03:56:43,520 --> 03:56:46,780
So it may be one of those that
and we're trying to get those

3632
03:56:46,780 --> 03:56:51,020
all to come back together and
have that big conversation

3633
03:56:51,020 --> 03:56:54,840
because we're aware that you
can say water is one thing,

3634
03:56:54,840 --> 03:56:55,720
wastewater is another.

3635
03:56:55,720 --> 03:56:58,040
And trash people only
look at their total bill.

3636
03:56:58,040 --> 03:57:02,860
Yeah so yeah that is true.

3637
03:57:02,860 --> 03:57:03,360
All right.

3638
03:57:03,360 --> 03:57:05,800
They don't know what
the water I mean right.

3639
03:57:05,800 --> 03:57:08,260
We need an executive session.

3640
03:57:08,260 --> 03:57:09,820
How long do you want.

3641
03:57:09,820 --> 03:57:11,460
30 30.

3642
03:57:11,460 --> 03:57:12,280
Start with 30.

3643
03:57:12,280 --> 03:57:14,200
Are we going downstairs
or do you want to.

3644
03:57:14,200 --> 03:57:16,800
Yeah downstairs is
just easier with Aaron.

3645
03:57:16,800 --> 03:57:17,840
Can you make the stairs.

3646
03:57:17,840 --> 03:57:19,420
Oh, yeah.

3647
03:57:19,420 --> 03:57:20,240
Move oh.

3648
03:57:20,240 --> 03:57:20,760
Go ahead.

3649
03:57:20,760 --> 03:57:21,720
No, you go for it.

3650
03:57:21,720 --> 03:57:29,940
I move, we adjourn to executive
session provided KSA 75 4319b2

3651
03:57:29,940 --> 03:57:31,920
to protect privileged
communication and the attorney

3652
03:57:31,920 --> 03:57:33,400
client relationship.

3653
03:57:33,400 --> 03:57:36,920
The opening meeting will resume.

3654
03:57:36,920 --> 03:57:38,020
We sit downstairs.

3655
03:57:38,020 --> 03:57:40,300
Yeah We'll go back
into downstairs.

3656
03:57:40,300 --> 03:57:43,220
Downstairs at Aaron.

3657
03:57:43,220 --> 03:57:44,600
Who did the math.

3658
03:57:44,600 --> 03:57:45,300
Well how long.

3659
03:57:45,300 --> 03:57:47,440
30 I didn't say 30.

3660
03:57:47,440 --> 03:57:49,953
The math man 322.

3661
03:57:49,953 --> 03:57:50,620
You agree with that.

3662
03:57:50,620 --> 03:57:52,920
322 Kerry.

3663
03:57:52,920 --> 03:57:54,500
Yes, and we're not
expecting any action.

3664
03:57:54,500 --> 03:57:57,220
Oh OK.

3665
03:57:57,220 --> 04:28:14,870


3666
04:28:14,870 --> 04:28:17,950
We return from executive session
with no action to be taken.

3667
04:28:17,950 --> 04:28:21,710
I'll make a motion to
recess into executive

3668
04:28:21,710 --> 04:28:26,010
session until 3:35 PM.

3669
04:28:26,010 --> 04:28:29,450
Second all those in
favor, please say Aye.

3670
04:28:29,450 --> 04:28:30,890
Aye Motion carries.

3671
04:28:30,890 --> 04:39:34,330


3672
04:39:34,330 --> 04:39:36,810
It'll actually be taking
a motion to adjourn.

3673
04:39:36,810 --> 04:39:37,310
So moved.

3674
04:39:37,310 --> 04:39:37,810
So moved.

3675
04:39:37,810 --> 04:39:39,070
Second all verify.

3676
04:39:39,070 --> 04:39:41,960
Aye Aye.

3677
04:39:41,960 --> 04:40:21,000