[0:00] 
[5:16] Is that what.
[5:19] We will call the city
commission on July 22.
[5:23] Meeting to order.
[5:25] All five commissioners
are present.
[5:26] All city staff is present.
[5:29] We do not have
any proclamations.
[5:32] We have our first
sheet coming to me.
[5:36] I'm going to read
a statement first.
[5:40] 
[5:45] All right.
[5:46] We're about to.
[5:47] We're about.
[5:48] Sorry everyone will
get two minutes
[5:50] and we head into public forum.
[5:53] I will bang the gavel and
you will need to stop.
[5:56] Unfortunately, today
I cannot let any
[5:58] of you go with your time over.
[6:00] Today we will not be tolerating
any comments or disruptive
[6:03] behavior from the audience.
[6:05] This is your Warning.
[6:06] If we find your actions
are being disruptive
[6:09] will be asked to leave the room.
[6:11] Please be respectful
of everyone's
[6:13] time and their own opinions.
[6:15] Because of the
capacity of this room,
[6:18] we will follow a specific
format for public comment.
[6:21] Those seated in this room will
be called on first to speak
[6:25] after speaking and signing in.
[6:27] They should return to
their seats in this room
[6:29] once those speakers have had
an opportunity to comment.
[6:32] Individuals who wish to
speak from the overflow rooms
[6:35] will be brought into the room.
[6:36] Groups of 10.
[6:37] Which is why we have the chairs.
[6:38] After they are done speaking,
they will be returned
[6:41] to their overflow room.
[6:43] We will also again need
to be firm with the two
[6:45] minute public comment limit.
[6:47] This is not intended to
diminish anyone's viewpoint.
[6:49] It is simply the fairest
way to ensure everyone
[6:52] has their chance to speak.
[6:54] Thank you in advance
for keeping this meeting
[6:56] orderly, respectful and focused.
[6:59] So we will move
into public forum.
[7:01] Public is invited to make
comments at this time.
[7:03] Please limit comments
to two minutes each.
[7:05] Please state your
name and address
[7:06] prior to making comments.
[7:09] And we will just start with
my thought at this time.
[7:15] 
[7:22] Hello, friends.
[7:24] Hey, I'm Mike law,
137b South kahola road.
[7:28] I want to make one thing clear.
[7:29] I'm not representing
the membership
[7:32] of the Chamber of Commerce.
[7:34] I have the board support,
but I'm not speaking
[7:36] for the individual members.
[7:38] Just want to make that clear.
[7:40] No need for me to quote
back to you any more
[7:42] facts on this situation.
[7:43] I know you know
all inside and out.
[7:45] You've probably
digested more than
[7:47] and mastered more than you ever
wanted to on that data center.
[7:51] So thank you for that, and I
commend you for that effort
[7:54] and realize today,
you're not here
[7:55] to Green light a data center.
[7:58] I want to make that
perfectly clear.
[7:59] What the situation is.
[8:01] You've done your
homework, you've listened,
[8:02] you've discussed,
and I'm sure you've
[8:04] spent many a sleepless night.
[8:07] And that sucks for
you, but I encourage
[8:10] you to make that next step,
approve the zoning request
[8:13] and get to the next step.
[8:14] And let's see where this
opportunity can take us.
[8:18] As the development
agreement can't
[8:20] move forward without your
approval and guidance.
[8:22] And I trust you and I trust
you all after all this,
[8:25] that you do what's
best for Emporia
[8:28] and Emporia, community
and the economy,
[8:31] with multiple
safeguards in place.
[8:32] And our community
can see probably
[8:34] the single biggest economic
boost in the history
[8:38] of the state of Kansas.
[8:40] I've only been this interim
gig for about 126 days,
[8:44] not counting by any
stretch, but I can tell you,
[8:47] I'm thinking about kicking
around this deal for a couple
[8:49] of years, and I've seen
one thing thus far,
[8:52] and it's not breaking
news to you all.
[8:54] Emporia could use
this kind of lift.
[8:56] Thank you.
[8:57] Thanks for your time.
[8:58] And I appreciate you.
[8:59] All right.
[9:03] Casey woods.
[9:04] 
[9:13] Before I begin,
I wanted to thank
[9:15] commissioners for your continued
work on behalf of Emporia.
[9:17] My name is Casey Williams.
[9:18] 1228 West Street will serve
as the Executive Director
[9:22] of Emporia Main Street.
[9:23] I encourage you to adopt
the rezoning of tracks 1
[9:27] through 11, as recommended
by the planning and zoning
[9:28] commission, and to adopt
the proposed digital overlay
[9:31] standards for the
same properties.
[9:33] It's important to remember
what these actions do
[9:35] and what they do not do.
[9:37] Approving the zoning
and overlay does
[9:39] not approve a digital campus
or authorized construction.
[9:41] Instead, it gives our
community the opportunity
[9:43] to market the site and
engage in direct negotiations
[9:47] with the potential end user.
[9:49] Only after those
negotiations would
[9:50] a detailed development agreement
come back before this commission
[9:53] for consideration.
[9:54] We strongly encourage a process
where that development agreement
[9:58] is made available
for public review
[9:59] before any formal
action is taken.
[10:01] That agreement
should clearly define
[10:03] measurable and
enforceable standards
[10:05] covering issues such as
jobs, wages, infrastructure,
[10:08] utilities, environmental
protections,
[10:09] community investment and
other community expectations.
[10:12] Those are the facts our
citizens deserve to evaluate.
[10:15] The foothills digital
campus discussion
[10:17] should be based on
factual projection project
[10:20] information, not fear
assumptions, personal attacks,
[10:23] or speculation.
[10:25] Let the public examine
the actual agreement.
[10:28] Let everyone ask questions.
[10:29] Challenge the
details and determine
[10:31] whether the proposal meets the
standards our community expects.
[10:35] If it's a good deal for
Emporia, let's approve it.
[10:37] If it isn't, let's reject it.
[10:39] But our citizens
deserve the opportunity
[10:41] to evaluate real facts and
enforceable commitments
[10:44] before making that decision.
[10:46] I encourage you to pass
a zoning and overlay
[10:48] as recommended by the planning
and zoning commission.
[10:50] Thank you for your
time and consideration.
[10:54] People on the upstairs
said they can't hear it,
[10:57] so it's a violation
unless they can hear it.
[10:59] Can you guys fix
the audio upstairs.
[11:02] Doug McGaugh is next.
[11:04] Thank you.
[11:05] 
[11:11] My name is Doug.
[11:12] I live at 1809 Briarcliff lane.
[11:16] There may be legitimate
reasons for confidentiality,
[11:19] but planning a
data center nearby
[11:21] will affect the whole community.
[11:24] And the community needs to have
proper input from the get go.
[11:27] Instead, you sat on
this for eight months
[11:30] using NDAs to hide it
from all but a select few
[11:32] and then spraying
it on the rest of us
[11:34] when there was little time
for comment or response.
[11:38] This is an inexcusable
ethical lapse.
[11:41] US additionally, you worked
this out with some very
[11:44] Shady investors and developers.
[11:46] Any guardrails
you have laid down
[11:47] are either not publicly
known or are non-existent.
[11:51] Are there benefits
for the data center.
[11:53] Yes some investors and
people with insider knowledge
[11:57] will get financial boosts.
[11:59] There will be construction jobs
that will bring in short term
[12:02] economic growth, along
with tremendous congestion
[12:05] and noise pollution.
[12:07] But you have all heard from
others the ecological pollution
[12:12] and social issues that data
centers have created elsewhere.
[12:16] Suffice it to say that
there are 0 long term
[12:19] benefits for most of us.
[12:23] And what is all this for.
[12:24] What is the purpose of AI.
[12:26] It is.
[12:27] It is to increase government
surveillance 24/7 seven.
[12:30] Maintain records of
all of us permanently,
[12:33] mostly be via flock cameras.
[12:35] Privacy will be a pipe
dream instead of a right.
[12:38] Over 70% of Americans
now oppose data centers
[12:42] and the numbers in Emporia.
[12:43] If you bothered to poll
outside, the business community
[12:46] are right in that area.
[12:48] The data center being
proposed is unneeded,
[12:50] has no enforceable
guardrails, is
[12:52] being pushed through too fast.
[12:54] Is sponsored by very
questionable developers.
[12:56] It needs much more time for
study at the very least.
[12:59] Table the decision until
after the election.
[13:02] I leave you with two words.
[13:04] Festus, Missouri.
[13:05] 
[13:09] We're moving on to Lawrence.
[13:11] 
[13:22] And then Kathy Lamb is on deck.
[13:24] 
[13:28] Sorry 11:09 Luther street.
[13:31] Please do not insult our
intelligence today by telling us
[13:35] that you are considering
only a land use
[13:37] agreement that is
separate from Gary
[13:39] Pinkston and Kansas Park Place.
[13:41] Let us not engage in that
kind of semantic nonsense.
[13:45] We all see the
elephant in the room.
[13:47] We are not talking about land
use agreements and annexation
[13:50] with no clear end game.
[13:52] This is about a
data center campus.
[13:55] We all know it.
[13:56] So let's just call
a spade a spade.
[13:58] Gary Pinkston keeps trying
to have it both ways.
[14:02] On the one hand, his
interview with kvoe radio
[14:04] he presented himself as
the primary developer
[14:07] for Kansas park.
[14:08] And then just four
days later, when
[14:10] questioned during his
bankruptcy hearing,
[14:13] Pinkston denied knowing
anything about the project.
[14:16] It can't be both.
[14:18] On the one hand, an image
has been created of Pinkston
[14:20] as a kind neighbor from
good old Chase County
[14:24] come to Emporia to offer us
a great economic opportunity.
[14:28] On the other hand, during
his bankruptcy proceedings,
[14:30] Pinkston said he knows
nothing about it.
[14:33] Can't have it both ways.
[14:35] Why on Earth are
you even considering
[14:38] doing business with such
a duplicitous character.
[14:42] Oh, but Pinkston is not the only
Shady character in the room.
[14:48] I'm wondering which
city commission
[14:49] we're going to see today.
[14:51] Will we see a group so
desperate to grab on
[14:54] to some kind of economic project
that they will even do business
[14:58] with a Shady character
like Gary Pinkston,
[15:00] Nordstrom and their LLC.
[15:03] Or will we see a commission
that we thought we elected.
[15:06] A group of leaders who care
about the people of Emporia, who
[15:10] care about our air,
our water, our property
[15:12] values, and our
quality of life more
[15:14] than they care about
lining the pockets
[15:16] of a few well-heeled investors.
[15:19] Which city commission will
you choose to be today.
[15:22] I guess we'll find
out here shortly.
[15:25] 
[15:28] All right.
[15:29] 
[15:32] My name is Kevin Lamb.
[15:33] I live at 10 1706
East 10th Avenue.
[15:38] For three years, I protested
in front of a abortion mill
[15:42] in San Antonio, and I had the
Archbishop of San Antonio come
[15:45] and was with us, and he would
say are filled with passion
[15:50] and you are filled
with the Holy Spirit.
[15:52] And I don't know what
you are filled with.
[15:54] I think everybody
back here has an idea,
[15:57] but I don't know what you are.
[15:58] I don't even know you.
[16:00] I've moved back.
[16:00] I was born and raised here.
[16:01] I just moved back.
[16:03] But I know that if you
truly care about your people
[16:07] would not even consider
a facility that causes
[16:11] cardiovascular disease,
pulmonary disease,
[16:14] different types of
cancer, stillbirth,
[16:16] miscarriages, deformities.
[16:18] How can you even consider that.
[16:21] But let me go back
to the threats
[16:22] and being called on by the cops.
[16:24] Last night, like I said, I
was in front of an Abortion
[16:28] Every single Saturday for three
years till we moved to Florida.
[16:31] I had guns in my face, I had
shotguns pointed at my stomach.
[16:36] I had beer bottles thrown at me.
[16:38] I had soda bottles thrown
at me and I stood my ground.
[16:41] I had cars swerve at me.
[16:43] But because the Bishop
said, the Archbishop said,
[16:46] you're filled with
the Holy Spirit
[16:47] and you're filled with passion.
[16:49] I'm filled with passion and I'm
filled with the Holy Spirit.
[16:52] And this is my town.
[16:54] These are my citizens, and
I don't want them to die.
[16:57] A pulmonary disease or
cardiovascular disease
[17:01] or a multiple type of cancers
that you know very well
[17:05] is capable of happening
once it goes in.
[17:09] And I want to thank Tammy
Ogle for answering my email.
[17:11] I wanted to meet with you.
[17:12] I said it wasn't a debate.
[17:13] You didn't even reply.
[17:14] You didn't even make
up a lie and reply.
[17:16] So I don't know why.
[17:18] Why you are so unaccessible
to us and why you are so.
[17:22] The lack of transparency to us.
[17:24] We don't work for you.
[17:26] I don't know who I voted
for because like I said,
[17:28] I. I don't know you.
[17:31] I don't but I do now.
[17:33] And those of you who
are supporting that God
[17:36] have mercy on their souls.
[17:38] Yeah OK.
[17:39] Up next.
[17:40] 
[17:45] We have a second set of papers.
[17:49] All right.
[17:52] Hello, everybody.
[17:52] My name is Jay.
[17:53] I'm from Emporio,
neighbors United.
[17:55] And I've been trying to.
[17:58] 1319 Lawrence Street,
right around the corner.
[18:02] So I have been traveling all
around the County talking
[18:06] to our neighbors
and admire Allen,
[18:08] Americus, Redding, Hartford,
Neosho Rapids, OPI,
[18:12] and no one wants it.
[18:13] They're worried
about their water.
[18:15] They're worried about if
this happens here, then
[18:18] what happens to them there.
[18:20] And so, to be good
stewards of our neighbors,
[18:23] this isn't just a
city conversation.
[18:24] This is a County wide
conversation and discussion.
[18:28] Our County Board of
Commissioners took the lead
[18:30] and took a six month
moratorium on this.
[18:32] I know you guys.
[18:34] And you all had
record donations.
[18:38] You guys broke a record for
the most campaign contributions
[18:41] in a city election last time.
[18:44] Is that why you guys are
not listening to the people.
[18:47] Is 10,000 to $13,000
each a reason to not hear
[18:52] the people of your community.
[18:53] We have shown up 500 strong.
[18:56] We have shown up
time and time again.
[18:59] We have brought the facts.
[19:01] We have the experts.
[19:02] We've read the
studies and reports.
[19:04] We've tried to meet
with all of you
[19:05] and you have been
aloof, non-responsive,
[19:09] avoidant, corrupt.
[19:11] Gaslighting, fear mongering.
[19:14] Is that who you want to be.
[19:16] Is that the legacy
you want to set.
[19:18] Is that how you want your
children to look at you
[19:21] and how you go down in
history on the wrong side.
[19:24] This is not a project
that we want or need,
[19:27] but this is the
project that obviously
[19:29] has some type of bearing
in your personal lives.
[19:32] Are you getting money in your
own personal bank accounts.
[19:35] Are you getting a
condo in Hawaii.
[19:37] We deserve to know.
[19:38] I filed a court
request for $1,740.
[19:42] And I haven't received any
of your emails, your phone
[19:44] records or text messages.
[19:45] But when we do better
believe some recall.
[19:49] Elections are coming.
[19:50] Take care.
[19:51] 
[19:55] Where are we on.
[19:57] Are there people
in that third row.
[19:59] So, Bruce, we'll start with
Bruce and just go down the row,
[20:02] I guess.
[20:02] 
[20:06] Can you just pass it down
the other rows as well.
[20:10] I feel like it just made it.
[20:12] They're going to do it.
[20:13] I think after they
talk they're going
[20:15] to come over here and sign it.
[20:16] But can we get people
on deck so that anybody
[20:20] else that's speaking.
[20:22] When you're done speaking, step
over here and sign your name
[20:25] and address please.
[20:26] OK I was just trying
to be efficient.
[20:28] Oh, here you go.
[20:29] 
[20:31] OK you're up.
[20:32] All right.
[20:33] Thank you all.
[20:34] Bruce Bedford.
[20:35] 2214 East Bayfront court
here in Emporia, Kansas.
[20:38] Thank you for allowing me this
time to speak as a proponent
[20:41] of the applications.
[20:42] I'm here for two reasons.
[20:44] The first, as a
representative of RDA
[20:46] to express the support
of the rezoning
[20:48] and the property of the
property to the industrial use
[20:51] and for the digital
infrastructure overlay.
[20:54] The RDA is the economic
development agency for Emporia
[20:57] County and more particularly
promotes industrial development
[21:01] and is supportive of
approving these action items.
[21:03] Today, the RDA anticipates
a positive economic impacts
[21:08] to the community, job creation,
infrastructure development
[21:11] and new property taxes
created to lessen
[21:13] the burden on the existing
residents and business owners.
[21:16] The RDA promotes
this application
[21:19] and asks you to vote yes.
[21:21] I'm also here as a local
small business owner.
[21:25] I am cautiously
optimistic about this
[21:27] potential economic development.
[21:29] I've also spoken to
several local businesses,
[21:32] and they also
express their opinion
[21:34] to approve these action items.
[21:36] The local businesses want
and need the community
[21:40] to progress with
economic development,
[21:42] and want to see the
developers agreement
[21:44] and how that would
impact the community.
[21:46] Thank you for your time and
your patience in this matter.
[21:50] Please vote yes on these items.
[21:52] Thank you.
[21:53] 
[21:56] All right.
[21:57] That row.
[22:00] Yeah give me a.
[22:03] Back row.
[22:05] I know we're coming back.
[22:07] OK keep coming, keep coming.
[22:09] Charles Brown, 1310 Lawrence
Street in Emporia, Kansas.
[22:14] Garrett Pinkston changes his
rhetoric and his numbers often.
[22:18] He now claims in a
recent private meeting
[22:21] with the remaining land
and homeowners surrounding
[22:23] the rezones tracks that the
project will only bring 30 to 40
[22:28] permanent jobs to Emporia.
[22:30] This is retreating from his
earlier promises of 500 jobs
[22:35] and consistent with
all public data,
[22:38] hyperscale data centers
do not create jobs.
[22:41] They eliminate the
need for human jobs.
[22:44] Pinkston understands this.
[22:46] He says, quote, data centers
are like business centers.
[22:50] It just has machines
instead of people.
[22:53] He's right.
[22:54] Data centers are run
by AI and not people.
[22:57] These revelations collapse
the main rationale
[23:01] for supporting any data
center and local business.
[23:06] People have repeated
those 500 claims.
[23:10] Meanwhile, the city government
claims they are not supporting
[23:14] this project, but only
creating conditions
[23:16] for any similar project.
[23:19] This is not a model for
responsible city government.
[23:22] The Kansas reflector states
that a member of the planning
[23:26] commission justified their vote
to recommend city Commission's
[23:30] approval of today's issue,
because it would be at the city
[23:33] would be at risk for a lawsuit
without this recommendation.
[23:38] This is consistent with the
pattern of deep pocketed
[23:41] big tech industries
suing city governments
[23:44] that resist their demands.
[23:46] The Department of Justice
has labeled data centers
[23:49] as necessary for
national security,
[23:52] giving them unprecedented
federal protection
[23:55] from any legal
challenges to their lack
[23:57] of compliance with federal
or city regulations.
[24:01] And yet, city government
expresses confidence
[24:04] that they can accomplish what
no other community has been
[24:07] able to do to write
and enforce contracts
[24:10] that will save Emporia.
[24:12] Thank you.
[24:13] All right.
[24:14] Who is next on that rope.
[24:18] Nobody Nobody anybody
else on that rope.
[24:20] Road you're leading
the pack here.
[24:22] 
[24:27] Ralph Thomas, 1717
Lincoln Street,
[24:30] formerly 668 road
190 for 27 years.
[24:34] I'm opposed to the data center.
[24:37] I supported the opposition,
signed the opposition petition,
[24:41] which will ban it or
go to a Citywide vote,
[24:45] which I feel like should
be a countywide vote.
[24:48] I'm sorry for the job
losses in Emporia.
[24:51] I'm concerned about
them, too, but I
[24:54] don't think we should
be taking something
[24:56] that no other community wants.
[24:58] They put Europe year
moratoriums on them.
[25:01] This makes no
sense to me to take
[25:03] acres of ground, to create 5,000
jobs, or whatever is promised.
[25:09] If the location had been out by
the Everjoy center at 200 and S,
[25:15] maybe with a good developer
involved in no secrecy.
[25:20] I think I would be
more in favor of this.
[25:24] I'm opposed to tracks 1, 2, 3, 4
going from AG to industrial use.
[25:30] This puts road F5 on an island,
and if this does not go forward,
[25:36] that should not be zoned
industrial tract 11.
[25:40] That Scott peak owns that
should be left for housing.
[25:43] We've approved the
Cedar Creek development.
[25:46] I don't know what they're going
to think if they get a data
[25:49] center right behind them.
[25:50] How they going to sell lots.
[25:53] I'm not opposed to tract 8,
9 or 10 going industrial.
[25:57] If Mr. Smoot doesn't think he
needs more room for expansion.
[26:02] And his tract on the
South side of highway 50,
[26:05] and I talked to Sam Shealy
about 2/3 of that's not
[26:09] in the floodplain.
[26:10] Kim Hollins a lot of
that's in the floodplain.
[26:13] I just don't feel like
the city government has
[26:16] the ability to work and
stand up to these billionaire
[26:19] corporations.
[26:22] And I think Pryor, Oklahoma
was not used as a good example
[26:25] of what we're looking at here.
[26:27] They're already putting an
opposition petition on that.
[26:30] 
[26:33] Steve look, I warned you,
we're going to try and get
[26:41] through this efficiently.
[26:43] So every time somebody starts
popping and hooting, hollering,
[26:47] that puts us behind
even farther.
[26:49] So who's up next, Chief.
[26:51] Is there, done with public
comment in that room.
[26:54] Yeah could we.
[26:55] Back row Start back row.
[26:58] Looks like they're done.
[26:59] 
[27:02] Becky would be too nasty.
[27:03] I'm trying to be nice.
[27:04] 
[27:09] Hello, I'm Ty Gorman.
[27:10] I'm with the Sierra Club
national Sierra Club.
[27:13] I represent 18,000 10,000
supporters in Kansas, as well
[27:16] as hundreds in Lyon County.
[27:18] And, I'm here to talk about some
of the issues with data centers
[27:23] that we're facing
around the country.
[27:25] I work with mainly
the energy issues
[27:29] that data centers present.
[27:32] I understand that we're well,
we are working with a coalition
[27:36] that is trying to make sure
that there is transparency,
[27:40] that there is meaningful public
input, that there is water
[27:44] protection, that includes,
insurance of closed loop systems
[27:49] and making sure that there
is no pollutants going
[27:52] into the groundwater from
these facilities, this kind
[27:55] of meaningful community
participation,
[27:59] before making a
decision that allows
[28:01] a data center to move
forward with the development
[28:02] is very important.
[28:04] I have submitted and
will submit to those
[28:06] who haven't gotten it a letter
with all of these details.
[28:09] I want to spend my last
minute talking about the power
[28:14] right now, the
Trump administration
[28:16] is trying to pass a regulation
that would remove any guardrails
[28:21] on point source pollution,
diesel generators, gas
[28:25] generators on site
at data centers.
[28:27] I'm testifying against it
later today with the EPA.
[28:30] This means that I mean, in other
data centers around the country,
[28:33] there's 500 diesel generators
being put at these sites,
[28:36] pumping deadly
pollutants into the air.
[28:39] The community is causing
heart issues childhood asthma,
[28:42] premature deaths,
the or gas turbines
[28:45] doing the same thing
in Memphis, Tennessee.
[28:47] With these pollutants, there
has to be guardrails put on
[28:52] at the local level because
no one else is doing it
[28:54] at the state or federal level
to make sure that we're not
[28:56] poisoning our communities, to
make sure that these facilities
[28:59] are bringing their
own clean energy
[29:01] and that they're held
accountable for that
[29:03] before they get passed
these local government
[29:05] stages of the process.
[29:07] So thank you for
not approving this
[29:09] without those considerations.
[29:11] Thank you.
[29:12] All right.
[29:13] 
[29:19] I got you something.
[29:21] Oh, no.
[29:24] I'd say the first
thing is up here.
[29:27] Yeah now he needs to
get out the other end.
[29:30] OK my name is Leslie Smith, and
I live at 9:15 Neosho street.
[29:34] For the past 39
days, many citizens
[29:36] have shown up to share their
feelings, research, and pleas
[29:39] with you to stop approving the
next step of the 37 step process
[29:42] to allow the data campus
to be built in Emporia.
[29:45] I'm here again as one
of the many who are
[29:47] asking you to hear us again.
[29:49] In light of the apparent
misconduct at best
[29:51] brought to our town by
the possibly is possibly
[29:54] isn't developer Gary Kingston.
[29:56] It seems many of us were right
to be suspicious and concerned.
[29:59] Now, not only do we have the
concern of a 1,000 acre data
[30:02] campus and all the
ills that come with it,
[30:04] but we have the concern of our
town possibly doing business
[30:06] with a man who appears to
have a questionable reputation
[30:09] and dubious business
ethics if Pinkston truly
[30:12] isn't the developer, contrary to
what he has previously stated,
[30:15] and it really is his daughters
who live out of state.
[30:17] Does this seem like a man we
can trust to be the president
[30:19] of their organization.
[30:21] Also, when are we going to
hear from his daughters.
[30:24] Even if you ignore our concerns
about the environment, energy,
[30:27] uses, pollution, et
cetera, et cetera,
[30:30] as well as the impact
on our community,
[30:32] it would be a foolish mistake
to do business with such
[30:34] a dubious organization.
[30:35] I hope you can see that
in my research about dyos,
[30:39] I read that all city policies
should be completed and in place
[30:41] prior to implementing a dio.
[30:43] That makes me think that you
shouldn't approve the dio today,
[30:46] with this latest incident
from the developer
[30:48] and the continued concerns
presented to you by Citizens.
[30:51] I respectfully ask you to put a
minimum of a one year moratorium
[30:54] on approving a data
center in our town.
[30:56] This will give you time to
put thorough and fine tuned
[30:58] policies in place.
[31:00] If you're unwilling
to do that, I
[31:01] ask you to vote no on the
rezoning and DO issues
[31:04] on the agenda today.
[31:05] I will.
[31:07] OK two things that a proposed
data center would progress
[31:10] with such speed through the
slow and deliberate machinery
[31:12] of a municipal government, is
alarming that the proposal could
[31:15] advance while the true owners
and developers, whoever they may
[31:18] be, are shielded by the
secrecy of limited liability
[31:20] companies is outrageous.
[31:22] That's from Max
McCoy, and the time
[31:24] you're spending on a traffic
study for a coffee shop
[31:27] proves you can slow
down the process.
[31:29] 
[31:35] If you want to keep clapping,
we'll have to just remove you.
[31:37] You'll have to go
watch sometime.
[31:39] Sorry I didn't get
your final one.
[31:42] Thank you.
[31:43] It finally dawned on me.
[31:45] Y'all don't care
how many statistics
[31:46] or examples we show y'all.
[31:48] Y'all don't care how
much we've shown you.
[31:50] How much we love this city, how
much we love the environment
[31:52] that surrounds it,
and how much we
[31:54] don't want another huge,
soulless building amongst us.
[31:58] You are our
representatives, so why
[32:00] don't you want to represent us.
[32:03] Maybe y'all just defer
to Trey because he's not
[32:05] paid pennies to do what.
[32:07] Do this work.
[32:09] But maybe the city
manager doesn't
[32:11] see himself as a public
servant since he's appointed.
[32:14] We don't need someone sitting
around soaking up $200,000
[32:18] a year to tell us it's
this project or nothing,
[32:21] and that Pinkston's financial
woes are a non-issue.
[32:25] How is it a non-issue if you're
trying to put our town in bed
[32:28] with someone who owes
people millions of dollars
[32:31] and is apparently bankrupt.
[32:33] Trey says he can't
speak to why Pinkston
[32:36] is portraying himself as a
spokesperson and developer.
[32:39] Well, what can you speak to.
[32:42] He said, if you say no to a
project of this magnitude,
[32:46] nobody else is coming.
[32:48] And what Trey
really means by that
[32:49] is if we don't allow this
project to move forward,
[32:53] he's going to stop trying.
[32:56] Does this sound like a person
who should be managing our city.
[32:59] We don't think so.
[33:01] We think that we need
to completely revamp
[33:03] our local government
because obviously
[33:05] it's not working for us.
[33:06] We, the people deserve
to say, deserve a say.
[33:09] And the people deserve to know
why our tax dollars are being
[33:12] squandered on people who
don't feel obligated to owe us
[33:14] an explanation.
[33:16] Trey has been a city
manager since 2021
[33:18] and I think it's
time for a change.
[33:20] I call for the removal or
resignation of Trey cocking
[33:23] for his defeatist attitude,
his misuse of taxpayer money,
[33:27] and for his overall lack of
caring about the people who pay
[33:29] his Bills and poor neighbors.
[33:32] United have three petitions to
restructure our city government
[33:35] and change how empty
petitions are filled
[33:37] or positions are filled.
[33:39] So please hit up
Emporia neighbors United
[33:41] if you'd like to sign that,
I would love all of you
[33:43] to sign it.
[33:45] Thank you.
[33:46] All right.
[33:48] All right.
[33:48] 
[33:52] Is there somebody
you would like.
[33:55] No Who's next.
[33:56] OK are you next.
[33:59] Back row.
[34:00] 
[34:04] Front row here.
[34:05] Oh, wait a minute.
[34:07] That's right.
[34:07] One can be on deck.
[34:08] Go ahead.
[34:09] Go ahead.
[34:09] Go ahead.
[34:10] Go ahead.
[34:10] 
[34:15] Natalie Duncan, 639.
[34:17] Washington I am vehemently
opposed to rezoning
[34:23] those properties to the dio.
[34:26] I do not want any
shape, or form of a data
[34:30] center or battery center or
anything on that property.
[34:33] I want to conserve nature.
[34:37] I do not want all of the
secrecy and lack of information
[34:42] that we have been getting.
[34:44] I want more information
on what people are basing
[34:47] in the city their decisions on.
[34:52] I do not want.
[34:53] 
[34:56] Large money entities
corrupting our city with things
[35:03] that we do not want.
[35:08] I don't have anything else.
[35:09] I didn't come prepared.
[35:10] I just wanted my thoughts.
[35:12] No thank you.
[35:13] All right.
[35:13] Last one back there.
[35:26] And I think we're
coming to the front row.
[35:28] 
[35:34] For everybody, please.
[35:35] 
[35:38] I'm Erica Martin,
1423 State Street.
[35:41] With a population
of less than 12.7
[35:43] people per square mile and
few man made structures.
[35:46] Visitors commonly spot
Hawks, songbirds, deer,
[35:49] coyotes in the Flint hills.
[35:51] This quote is from
visit Emporia on what
[35:53] brings people to Emporia.
[35:55] The proposed rezoning
replaces soil with pavement,
[35:57] increasing runoff to streams.
[35:59] Engineering can try to mitigate
the runoff caused by impervious
[36:02] surfaces, but you cannot
afford to engineer the rate
[36:05] of water infiltration
that soil and plants
[36:07] already do for us for free.
[36:10] Emporia is situated between
the Cottonwood and Neosho.
[36:12] Both rivers are documented
range of the Neosho madtom,
[36:15] a small catfish listed as
threatened under the Endangered
[36:18] Species Act.
[36:19] I take people of all ages to
our prairie and our streams.
[36:22] It is amazing what
we have right here.
[36:26] When you remove
the natural system
[36:27] that helps maintain
water quality,
[36:29] you end up paying for it.
[36:31] Exact values vary by
region, but these services
[36:33] include water purification,
flood control, and carbon
[36:35] sequestration, and
yield economic benefits
[36:38] that consistently
exceed the cost
[36:39] of any anthropogenic solutions.
[36:42] The current tracks are not
untouched tallgrass prairie,
[36:45] but they are also not
impervious concrete.
[36:47] They are somewhere in between.
[36:48] This rezoning, which may
result in a data center,
[36:51] doesn't destroy manufacturing
jobs or the University,
[36:54] but it does directly
threaten the one
[36:56] economic asset that
can never be rebuilt
[36:58] once it's paved our prairie.
[37:01] When visitors come here,
would you take them on a tour
[37:03] of the city and the County.
[37:05] Would your tour include
a 1,000 acre data center.
[37:08] I ask that the city
adopts a dio framework
[37:10] with strict
environmental conditions,
[37:12] but deny rezoning of these
particular 11 tracts.
[37:15] I also suggest a one year
moratorium on data centers.
[37:19] Aldo Leopold.
[37:20] Leopold said a
thing is right when
[37:22] it tends to preserve the
integrity, stability, and beauty
[37:24] of the biotic community.
[37:26] It is wrong when
it tends otherwise.
[37:28] And I say nobody
likes dying wishes,
[37:31] wishing they'd spent more
time surrounded by concrete.
[37:34] The packets that you have
are eight different articles
[37:37] discussing the
heat island effect
[37:39] and runoff concerns for the
rivers and streams here.
[37:42] Thank you.
[37:42] 
[37:48] Edgar 1106 Neosho.
[37:50] I'm here to ask you
to not move forward
[37:52] with the recommended rezoning of
agricultural land to industrial.
[37:55] As that goes against
the comprehensive plan,
[37:57] agricultural land should
stay AG because that's
[37:59] what the people ask for.
[38:00] Just like the people
have repeatedly
[38:01] asked you to stop this process
because if it looks like a scam,
[38:05] sounds like a scam, then
it's probably a scam.
[38:07] I don't even know what
to say at this point.
[38:09] I feel like I'm in an M
Night Shyamalan movie,
[38:11] except it's terrible and
the plot twists keep coming.
[38:14] I knew everything in the
developer's website were lies,
[38:16] but I never dreamed he
would confirm it himself
[38:19] in testimony under oath.
[38:20] Now, I don't believe a damn
thing about this project,
[38:22] and I distrust anything that
has to do with the sham.
[38:25] From looking at the
developer's history,
[38:26] his Mo seems to be go where no
one wants you force your will
[38:29] on the locals, destroy
natural resources,
[38:32] and run away when
things get bad.
[38:33] The demand for AI
also isn't there,
[38:35] despite what the companies
pushing AI are telling you.
[38:38] It is estimated that 5%
to 10% of the population
[38:40] actually uses AI regularly.
[38:41] It is not the next utility
they are claiming it to be.
[38:44] The reality is that big tech
have overextended themselves
[38:47] and now this is their
investors want a return.
[38:50] But AI isn't making any money.
[38:52] This data center boom is a
Hail Mary effort to get us
[38:54] all to pay for their bailouts.
[38:56] They should be
reminded that no one
[38:57] asked for them to
train their models
[38:58] on all of human knowledge.
[39:00] We should tell them that
no one asked for them
[39:02] to hoard all our personal data.
[39:04] No one asked for them to make
technology so inefficient.
[39:06] It requires millions of
gallons of water to run.
[39:08] These data centers
don't need our water.
[39:10] We must let them pick themselves
up by their bootstraps
[39:12] or burn down.
[39:13] Inefficient large
language models are also
[39:15] not artificial intelligence.
[39:17] They are pattern recognition
machines that guess
[39:19] nothing intelligent about them.
[39:20] This technology could have been
useful to make our lives better
[39:23] overall, but instead it's being
used to farm attention, build
[39:26] flawed autonomous Murder
machines, surveil people,
[39:29] and destroy the environment.
[39:30] We don't need that now.
[39:31] We don't need that ever.
[39:32] Because the only data centers
we need are libraries.
[39:36] And we have a few
in town already,
[39:38] so please do not proceed with
the recommended rezoning.
[39:40] I do believe the dio needs
more protections in it,
[39:43] but if you must pass
something, pass that.
[39:45] But there are many
items should be tabled
[39:46] at least until the
petition process has
[39:48] concluded, but tailor them
telling them permanently
[39:50] would be much better.
[39:52] Yes, we are yet.
[39:54] 
[39:57] That's something again.
[39:58] I'm getting reminders
from our commissioners.
[40:00] You have been warned
on the clapping.
[40:01] So moving forward.
[40:04] Yeah my name is Leah Green.
[40:06] I know you guys know me.
[40:08] As I started to write
out a statement for today
[40:12] and looked at the
whirlwind of what
[40:13] has been the past few
weeks since June 2.
[40:16] One thing stood out to me
this should not be a people
[40:19] versus a commission situation.
[40:22] I don't want to hate
my commissioners.
[40:24] I don't want to hate my leaders.
[40:26] I want to work with you.
[40:28] I want to help, and I want to
do what's best for Emporia.
[40:32] We all do.
[40:33] That's why we're here.
[40:35] The city has repeatedly said
that they welcome public input.
[40:39] This is public input.
[40:41] The petition is public
input for your neighbors.
[40:45] We represent over 1,800 people.
[40:48] To put that in
perspective, Aaron
[40:50] received the most votes
out of any commissioner
[40:52] and he received 1746.
[40:56] So everyone coming before you
today represents as many people
[40:59] as you have votes or more.
[41:01] I believe it's time to come
together as a community.
[41:05] And I'd like to
offer up a prayer.
[41:08] If I could.
[41:09] And I'd ask, maybe
you mute the timer.
[41:11] Just no.
[41:12] All right.
[41:14] Dear Jesus, your
word says you don't
[41:16] give us a spirit of
fear, but of power
[41:18] and of love and a sound mind.
[41:20] Today I come to you on behalf
of the city of Emporia.
[41:23] And I pray that your
power and your spirit
[41:24] will be felt in the hearts
of all that are here.
[41:28] I pray that you will
surround us in your love.
[41:30] I pray for every
leader that is here.
[41:33] Lord, I pray for Taylor,
and for Christina,
[41:36] and for Carey and
Trey and Monica
[41:39] and Aaron and Tammy
and Kurt and Becky.
[41:42] Lord Jesus, I pray that
you will give them wisdom.
[41:44] I pray that you
will open their eyes
[41:46] to see what's in front of them.
[41:48] I pray for unity
in our community.
[41:50] I thank you, Lord Jesus.
[41:52] For the people that you
have brought into my life.
[41:54] For the connections
that I have made.
[41:56] And Lord, I just pray that
you will protect Emporia,
[42:00] that you will put your
hedge of protection
[42:01] over this land, Lord Jesus.
[42:03] I just pray that you know
the outcome of all of this.
[42:07] Lord we know that
it is in your hands
[42:09] and we trust you with our city.
[42:11] In Jesus's name, amen.
[42:12] Amen all right.
[42:14] 
[42:19] Good afternoon.
[42:21] The rezoning authorizes
the developer
[42:24] to do work on the properties.
[42:26] Oh, sorry.
[42:27] My name is Anna DeLong.
[42:29] The rezoning authorizes
the developer
[42:31] to do work on the
properties once they
[42:32] so much as install a hydrant.
[42:34] That is an investment made.
[42:36] After that point, it is
too late for a moratorium.
[42:39] The developer knows this.
[42:41] Do you know this.
[42:43] This now.
[42:44] I asked Kurt for a moratorium.
[42:46] Twice Monica has been asked.
[42:49] Aaron has been asked.
[42:51] I mentioned to Becky Smith and
Casey woods told me that it
[42:55] cannot happen until
there is a developer
[42:57] agreement on the table.
[42:58] I don't believe that is true.
[43:00] If you approve the rezoning
today, it is too late.
[43:04] Delay this.
[43:05] There is an ordinance ballot
petition out for November.
[43:08] Please let us vote.
[43:10] The delay is not sufficient.
[43:11] It is full of
permissive may language.
[43:13] We're told the
developer agreement
[43:14] will address the issues.
[43:16] A dio can address these issues.
[43:18] It can absolutely be 40 pages.
[43:20] It should read like
a utility agreement.
[43:22] The developer
should expect this.
[43:24] Please send it back
to zoning for review.
[43:29] Back to the rezoning.
[43:30] It's unreasonable.
[43:31] It does not support
our comprehensive plan.
[43:34] If you would like to
approve it, the plan
[43:36] itself must be amended
with a 20% vote of support
[43:39] by the citizens, and that should
be done before the rezoning
[43:42] can go through.
[43:43] These applications run
contrary to our plan.
[43:46] Please follow our ELC
plan and golden rule
[43:49] and deny the
rezoning by approving
[43:51] would be setting a dangerous
precedent that will change
[43:53] our city and County forever.
[43:55] 
[43:58] Trey cocking is willing to
take a 50/50 risk on this.
[44:02] Are you.
[44:03] It's your reputations.
[44:05] You are our elected officials.
[44:07] It's your city Please save us.
[44:11] Deny the rezoning and send
the dio back for review.
[44:14] Thank you.
[44:15] 
[44:27] Isabel Raleigh,
1019 West 7 Avenue.
[44:31] I did send an
email this morning,
[44:32] but obviously that was coming
in a little last minute.
[44:35] So I'm going to put
out some highlights.
[44:37] I want to stay up
front on the record
[44:38] that I am opposed to
the rezoning of the 11
[44:40] tracks in their entirety
pursuant to ordinance 2622,
[44:44] and it has been
difficult to find
[44:45] the words to express my
thoughts regarding this matter.
[44:48] How does one take the
fear in their heart
[44:50] and translate it into
a string of words,
[44:51] with the hope that it
will touch another.
[44:55] Sorry technology is
the new frontier,
[44:58] and I fear that we are seeing
a resurgence of frontier
[45:00] mentality along with it.
[45:02] Those with power, money and
time are eager to put themselves
[45:04] at the forefront
of progress, often
[45:07] with little regard
for those they may
[45:08] hurt on their way to get there.
[45:10] They want to acquire and
amass resources at any cost,
[45:13] in order to shape the
world into one that
[45:15] will benefit them the most.
[45:16] In this case, that means getting
their hands on 1,000 acres
[45:20] of our land and
turning around to sell
[45:21] it to the highest bidder.
[45:23] Land is important.
[45:24] It's the only thing that
has been here before us,
[45:26] and the only thing that will
remain when we are gone.
[45:29] Then that is what this
current ordinance addresses.
[45:31] Correct the usage of land.
[45:33] Who gets to make the
decisions regarding it.
[45:35] We are told the
decision made today
[45:37] will not be approving a
specific developer, individual
[45:39] or project, but I feel
undue consideration is
[45:41] being made despite that claim.
[45:44] The 11 tracks.
[45:48] So sorry, I'm
trying to scan this.
[45:50] 
[45:53] It will change the layout
of the neighborhood.
[45:57] The neighborhood is
currently agricultural
[45:59] under the light industrial
zoning that would allow
[46:03] for warehousing,
storage, and wholesale
[46:05] of explosive volatile
products, water well
[46:07] drilling, and low
intensity manufacturing
[46:08] and processing with
only a 60 foot setback.
[46:11] If they decide they don't
want to do a data center
[46:13] and do different
industry instead,
[46:15] right next to
families, homes, yards.
[46:19] I'm so sorry, Becky, in your
I'm so sorry in an article
[46:25] from the Gazette on January 9,
2018, you were quoted saying,
[46:28] I really want to make sure our
independent entrepreneurial.
[46:30] Sorry, sorry.
[46:34] OK my name is Ivy Montgomery.
[46:40] I live at 1019 West 7 Avenue.
[46:42] Last time I appeared
before you, I
[46:43] came here to plead for
my life and my health
[46:46] and my safety and well-being.
[46:47] I'm here to echo that
plea again today.
[46:50] Actually, I hadn't intended
to come speak today,
[46:53] but apparently that's
what I had to do just
[46:55] to be able to be in the room.
[46:57] It was my intent that if you
decide to rezone the tracks
[47:01] to industrial, which will
put people's health at risk,
[47:06] potentially, that I needed to be
here so that I was in the room
[47:10] and that you knew I was
here thinking about that.
[47:13] Because ultimately, at the end
of the day, we're gambling.
[47:16] We're gambling with
people's health
[47:18] and hoping that we get
enough money to keep
[47:20] us going until the next time.
[47:23] What happens when we
need more money again.
[47:25] Gamble again.
[47:27] Again again.
[47:30] I'm not sure how many agains I
can see before I'll be no longer
[47:34] able to stand here on my own.
[47:36] When I took the
day off, I really
[47:37] had hope to be
sitting in the room
[47:40] when you all made your decision.
[47:42] And I am.
[47:43] Frankly, I can't help but
feel that the city has not
[47:46] been the best host in
the world for not having
[47:50] a venue with enough
room for everybody
[47:51] to be here and be
seen, because really,
[47:53] that's what I wanted today.
[47:56] Thank you very much.
[47:57] Thank you.
[47:57] All right.
[47:58] Take a bow.
[47:59] Is there anything you want.
[48:00] 
[48:05] Good afternoon.
[48:05] My name is Monica
Marcus, 1318 Neosho.
[48:10] Members of the commission
and zoning administration.
[48:13] My name is Monica Marcus.
[48:14] I have lived in
Emporia since 2013.
[48:17] My full adult life, I have
actively chosen to stay
[48:20] and grow roots into this town.
[48:22] I have seen it change, grow,
shrink, embrace the arts,
[48:27] lose beloved souls to
a global lethal virus.
[48:31] I've witnessed
disturbing offenses,
[48:33] and I have seen
acts of fellowship
[48:35] that have left me with hope
for our community's future.
[48:38] I am sad to say that the
actions of the zoning and city
[48:41] commission have fallen into
the former category for me
[48:44] as of late, but it can still
be changed for the latter.
[48:49] I urge the commission
and zoning administrator
[48:51] to deny the rezoning
of tracks 1 through 11.
[48:54] I asked them to revisit the
decision to further develop
[48:57] it to be more stringent
for future protections,
[49:00] especially against data
centers and battery
[49:03] energy storage systems.
[49:07] I do believe in progress
and that Emporia needs it.
[49:10] However, this is not the
way that a huge amount
[49:13] of our citizens want as
progress for this town.
[49:17] That has been abundantly clear
by the numbers of people who
[49:20] have taken hours of time away
from their homes and families
[49:24] to attend and speak at
these meetings in person.
[49:28] Surrounding cities, including
those much more financially
[49:31] and culturally
successful than ours,
[49:33] are putting on
moratoriums and bans
[49:36] on data centers for their
communities follow their lead.
[49:41] Emporia is less likely
to recoup from a loss
[49:43] than these big cities with
more resources than we have.
[49:48] Once rezoning has happened,
our fate is sealed
[49:51] with a proven, dubious enemy.
[49:54] Are you the
commission that dooms
[49:56] our town, our youth, our
nature, our future for money.
[50:03] Thank you for your
consideration.
[50:04] 
[50:11] Molly Williams.
[50:12] 41 75.
[50:14] I'm here today to talk
about the tax incentives
[50:17] that are being offered.
[50:19] When you ask the developers
about these tax incentives,
[50:22] they kind of shrug the shoulders
and say, well, it's the law.
[50:25] SB 98 was passed and so
we're just following the law.
[50:29] I would like to talk about
how that law was passed.
[50:31] The original bill presented
to the legislature, SB 51, one
[50:36] was introduced by a
representative of NetChoice,
[50:41] not a representative
of the state of Kansas,
[50:43] the representative of a DC
based tech company lobbying firm
[50:49] with multi-millions of dollars,
whose stated purpose is to lobby
[50:54] against regulations
for tech companies
[50:56] to the detriment of people.
[50:59] So they have lobbied
for this law,
[51:02] which they are now
citing as the reason
[51:04] for not having to pay taxes.
[51:06] Now, our federal
representatives in DC
[51:09] have been bought and paid
for by the tech industry.
[51:11] Our representatives in Topeka
have been bought and paid
[51:14] for by the tech industry.
[51:15] And now I'm standing
in front of people
[51:16] who I believe have also
been bought and paid
[51:18] for by the tech industry.
[51:20] Now I want to know why a for
profit company making billions
[51:25] of dollars should not have
to pay the same kind of taxes
[51:27] that I have to pay the same
politicians who have been bought
[51:30] and paid for want to make me
believe that the people that I
[51:32] have to fear are people,
poor people coming
[51:36] from other countries under cover
of darkness to steal my job
[51:38] and not pay taxes.
[51:40] But the people coming in
here under cover of darkness
[51:43] to steal my job
and not pay taxes
[51:45] are multibillionaires
from Silicon Valley,
[51:48] paying multimillionaires
from Washington, DC
[51:52] to make laws that are
favorable to them.
[51:54] And I would like for you all
to tell us why these for profit
[51:58] companies should not have
to pay property taxes
[52:01] and sales taxes the same way
that a citizen of your city,
[52:06] have to do.
[52:07] Why is it OK for them to
skip out on the taxes.
[52:12] 
[52:16] And step on that road.
[52:18] OK snap clapping in the air.
[52:20] That is rude and disrupts.
[52:21] 
[52:24] A good job.
[52:25] 
[52:30] It was very clear
at the beginning
[52:33] that each person is
given their two minutes
[52:36] and we're trying to
be respectful of that
[52:38] snapping, clapping.
[52:39] Any other rude
comments or anything.
[52:41] We will ask you to leave.
[52:43] You've been warned
and we're done.
[52:47] OK You're up.
[52:50] My name is alia Diaz.
[52:51] My address is on the paper.
[52:53] I've lived in
Emporia all my life.
[52:55] Nearly all my life.
[52:56] Emporia is where my wife
and I bought a home.
[52:59] I love it here.
[52:59] It's quiet and peaceful.
[53:01] Kansas is the center of
Kansas, but the heart of it
[53:03] lies in the
community of citizens
[53:05] who are fighting to keep
Kansas beautiful and green.
[53:09] We've become a tourist spot
during unbound and disk golf,
[53:12] and more importantly, the
founding city of Veterans Day.
[53:15] I felt so good on
the way over here,
[53:17] seeing all the no data
signs and everyone's yards.
[53:19] We don't want this.
[53:21] Please table all decisions
until after November election
[53:23] and let us vote.
[53:24] If you love kids you
will table this also.
[53:28] We filled three rooms.
[53:29] That in itself
should say something.
[53:31] I left this here.
[53:33] I want this put in my minutes.
[53:35] You guys all should be
literally ashamed of yourselves.
[53:38] I'm sitting here.
[53:39] I sat on the third floor and
watched as you just sit here
[53:43] non complacent, looking
like you're bored and would
[53:45] rather be somewhere else.
[53:47] You get upset anytime
somebody calls you out.
[53:50] When you want to be
upset, do something.
[53:52] Listen to us.
[53:53] We're all here speaking.
[53:54] You've got news stations.
[53:55] We've came to every meeting
we've been protesting.
[53:59] If this isn't going
to benefit us,
[54:01] it's going to surely
benefit you guys.
[54:03] Maybe you'll be able
to have a better suit
[54:04] so your shoulders will fiddle
in a little bit better,
[54:06] a little nicer.
[54:07] I don't know different things,
but listen, this isn't it.
[54:13] And you got all of us here.
[54:15] We don't want it.
[54:16] You're going to put track
11 right there by Timmerman.
[54:19] There's a school right there.
[54:20] Don't any of you have children.
[54:22] Well, maybe grandchildren,
some of them.
[54:24] But I'm just saying
kids don't want this.
[54:27] The community don't want this.
[54:29] The only one who this stands
to compensate or to get.
[54:31] What benefit from this is.
[54:33] Seems like you
guys and we're all
[54:35] remembering this come election.
[54:37] Do what's right.
[54:40] All right.
[54:40] Next on the road.
[54:41] 
[54:46] Waving at us distracts us.
[54:48] So I'm trying to
focus on speakers.
[54:55] Don't look at us.
[54:58] Hi, guys.
[54:59] It's Madison Glover,
620 Oak Street.
[55:02] So this isn't just
about the data center.
[55:05] When major decisions are made
seemingly behind closed doors,
[55:08] it doesn't just affect you guys.
[55:10] It affects our people.
[55:13] My people.
[55:14] These are my people.
[55:15] The way you've gone about
this makes it hard for people
[55:17] to trust their government.
[55:19] Trust people like me
running as a candidate
[55:22] who truly wants to help our
community and our people.
[55:26] If money is what is
mattering right now.
[55:29] Then go to DC.
[55:31] But stop trying to corrupt
our town with billion
[55:33] dollar special interests.
[55:35] You didn't invite
anyone to the table
[55:37] until the last minute
for this decision.
[55:40] You aren't listening
to the people,
[55:42] but I'm here to
serve as a reminder
[55:44] that the table
belongs to the people.
[55:47] You are only
borrowing the chair.
[55:49] Don't get that twisted.
[55:51] If you approve this, you'll be
going against the people that
[55:54] voted you into those chairs.
[55:57] Put us in front of money.
[55:58] Put us in front of
special matters.
[56:00] Put us in front of you.
[56:01] We who matter.
[56:03] We are the people.
[56:04] And the table belongs to us.
[56:05] Thank you.
[56:07] All right.
[56:07] Next up.
[56:10] Ask them to leave.
[56:13] Can I see chief.
[56:17] Will you ask, will you take
the next person out that claps
[56:19] or anything, please.
[56:21] Thank you.
[56:22] Yes hi.
[56:23] I'd like to speak.
[56:24] I have a right to
speak, so I'll come on.
[56:27] Jack come on.
[56:28] Jack that's my spouse.
[56:42] You'll be OK.
[56:43] 
[56:50] So they have the
ability to violate.
[56:52] Please don't hurt them.
[56:54] Come on, bro.
[56:55] 
[57:01] Oh, yeah.
[57:01] There you go.
[57:02] There you go.
[57:03] Let him say.
[57:04] 
[57:09] Let him say please.
[57:13] He can.
[57:14] He can be quiet.
[57:17] They can only.
[57:18] 
[1:06:05] Do you wait for a minute.
[1:06:06] Are you allowed.
[1:06:07] Are we good.
[1:06:07] I think we're good.
[1:06:09] Here we go Yes All right.
[1:06:10] We'll call a recess for
the meeting back at recess.
[1:06:16] My name is Jessica Danford.
[1:06:17] I am at 3532 West 20th Avenue.
[1:06:21] I'll be sticking to my script at
first, and if I have any time,
[1:06:23] I'll add any
additional comments.
[1:06:25] My comment today
is to clearly speak
[1:06:27] in opposition of the zoning
ordinances and DO as written.
[1:06:31] The zoning ordinances as
presented are too broad.
[1:06:33] They were prepared and
approved by people who did not
[1:06:36] seem to acknowledge a huge
amount of public feedback,
[1:06:39] and even the concerns of city
zoning commission members.
[1:06:42] The dio amendments do better
at addressing citizen concerns
[1:06:45] than they had previously.
[1:06:46] They include written
noise rules and lighting
[1:06:49] standards for the end user.
[1:06:51] However, it still leaves gaps
that could leave the city
[1:06:54] and surrounding County
vulnerable with my speech,
[1:06:57] I emailed this
group this morning
[1:06:59] a document that includes
a strong that includes
[1:07:02] strong baselines and solid
potential improvements
[1:07:05] to the existing dio, including
evidence for the effectiveness
[1:07:08] of the associated ideas.
[1:07:10] Please review that file
as soon as possible.
[1:07:14] Voices votes.
[1:07:16] Accounting for and approving the
dio amendments and the approving
[1:07:21] the zoning ordinances need
to be tabled for today.
[1:07:25] Both need to be reviewed
further with more comprehensive
[1:07:27] acknowledgment available facts.
[1:07:31] I am still of the
opinion that you all want
[1:07:34] what's best for the community.
[1:07:36] I truly believe that.
[1:07:38] However, more needs to be done
to keep the community voices
[1:07:41] and interest in the digital
campus project in mind
[1:07:45] before moving further
with approving any kind
[1:07:47] of developer or end user.
[1:07:49] Please, please listen
to what's said today.
[1:07:53] Read what you are sent
and engage with the voices
[1:07:55] of your constituents.
[1:07:58] Finally, I just
would like to thank
[1:08:04] those of you who have
responded to my inquiries
[1:08:07] regarding this issue.
[1:08:08] I know that based on what
has happened just recently,
[1:08:12] among other things, there's
been a lot of anger regarding
[1:08:15] all of this and I appreciate the
continued engagement regardless.
[1:08:20] Thank you.
[1:08:22] All right.
[1:08:22] Are we on the road.
[1:08:25] Where are we at.
[1:08:26] Where are we.
[1:08:27] Where are we at.
[1:08:29] Are we still.
[1:08:29] 
[1:08:32] Are we on the front row now.
[1:08:34] Yes no.
[1:08:35] Front row.
[1:08:35] Whichever end wants
to start, I'll start.
[1:08:40] Christy Beckett, 1834 road F5.
[1:08:44] Several of you
have heard Trey say
[1:08:46] that he doesn't
operate on hopes,
[1:08:48] and that promises
need to be in writing.
[1:08:50] I agree.
[1:08:51] A promise that a
protection will be
[1:08:53] written into the later coming
development agreement is hope.
[1:08:58] A protection written
into the dio is fact.
[1:09:02] The most important point
is this public protections
[1:09:06] and the ability to have basic
livability in your own home
[1:09:10] or your own yard should not be
left to a private negotiation
[1:09:14] where those protections
can be traded, weakened,
[1:09:18] waived, or bought down.
[1:09:20] I emailed you specific changes
to the dio that are needed
[1:09:23] to make this situation livable.
[1:09:26] I'm asking you to pull that
email OPT, address those gaps,
[1:09:29] and make the changes
right here, right now.
[1:09:33] I'm also asking you to deny
the light industrial zoning
[1:09:37] for tracks 1 through 4, and the
industrial zoning for tract 11.
[1:09:41] The problem is that staff use
conditions around tracks 5
[1:09:45] through 10 to justify
industrial zoning
[1:09:47] for another approximately
660 acres of unrelated land
[1:09:52] in tracks 1 through 4 and 11.
[1:09:54] I have reviewed the planning
commission board of zoning
[1:09:57] appeals agenda packets
prepared for this meeting,
[1:09:59] and the staff analysis
that packet in that packet
[1:10:02] does not support the
requested zoning changes.
[1:10:05] The packets own table on page
17 says tract 1 is surrounded
[1:10:09] by agriculture and
single family zoning
[1:10:11] 3 and 4 are surrounded by AG.
[1:10:13] Their actual
surroundings are pasture,
[1:10:16] farmsteads and estate homes.
[1:10:18] Yet page 19 calls them
a natural extension
[1:10:22] of light industrial zoning.
[1:10:23] That conclusion contradicts
the city's own evidence.
[1:10:27] Page 18 admits there's
no identified end user.
[1:10:30] However, at the second
planning commission meeting,
[1:10:33] Garrett Nordstrom
confirmed that all options
[1:10:35] are in place to acquire
the property upon rezoning.
[1:10:38] That means that
this vote may enable
[1:10:39] the developer to consolidate
hundreds of acres.
[1:10:42] Thank you.
[1:10:43] Thank you.
[1:10:44] Amanda Amanda
Mendez, 1841 road f.
[1:10:48] I would like to the public to
know that all commissioners
[1:10:50] received a letter in a
document of revisions
[1:10:52] to the dio from a land
use attorney involved
[1:10:54] in the development,
implementation of zoning
[1:10:57] regulations in Kansas and in
the litigation of challenges
[1:11:00] to zoning decisions.
[1:11:01] Since I only
received confirmation
[1:11:02] from one commissioner about
the receipt of those documents.
[1:11:05] I want to make sure that
everyone understands
[1:11:07] that this commission was
advised not to approve
[1:11:09] the rezoning or the dio today.
[1:11:11] I will also be submitting
these documents for the record.
[1:11:14] Some of the shortfalls
mentioned in the six page letter
[1:11:16] include, but are not limited
to inadequate or missing
[1:11:18] regulations on the thermal
impact on neighboring land,
[1:11:21] the scope and size of
the development, water
[1:11:23] and electricity availability
without shifting
[1:11:25] costs to existing
ratepayers, and cost
[1:11:27] allocation of
infrastructure repair,
[1:11:29] maintenance, and construction.
[1:11:31] One of the five questions
in the letter states
[1:11:33] will the proposed text
Amendment advance the interests
[1:11:35] of the city of
Emporia as a whole,
[1:11:37] not solely those having
immediate interest
[1:11:39] in the affected area
in the proposed dio.
[1:11:41] There is consideration of
only the developers and not
[1:11:44] adjoining landowners
as having an interest
[1:11:46] in the affected area,
which is unreasonable.
[1:11:49] While the city would benefit
from having concise regulations
[1:11:52] that provide increased rules
and reviews before the start
[1:11:54] of a project and
quote, the proposed
[1:11:56] regulation fails to do that.
[1:11:58] It requires studies regarding
traffic and thermal impact,
[1:12:00] noise pollution, water
and electrical use
[1:12:02] and infrastructure,
but does not provide
[1:12:04] any standards on how
these studies should
[1:12:06] be applied to any project.
[1:12:08] Additionally, the application
of predefined standards
[1:12:10] to an authorization to use
land for a particular purpose
[1:12:13] under the city's zoning
code is a quasi judicial act
[1:12:15] which must be
conducted in a manner
[1:12:17] which allows public comment.
[1:12:18] Public protest petition and
meaningful judicial review,
[1:12:21] which a negotiated agreement
with the city does not do.
[1:12:25] There are many more points that
I do not have time to explain,
[1:12:27] but commissioners,
please consider
[1:12:29] the legal advice carefully.
[1:12:31] If you did your job, you've
read what was sent to you
[1:12:34] as the city manager said to us
adjacent landowners, it's 50/50.
[1:12:38] This could be the
best thing for Emporia
[1:12:40] or the worst thing for Emporia.
[1:12:41] It's up to you to decide
which one it will be.
[1:12:45] Next up.
[1:12:46] 
[1:12:51] Doris Smith 13:28 road 170.
[1:12:55] Two minutes is not enough
to address all the evidence.
[1:12:57] I've already sent you guys.
[1:12:58] I'm hoping that you actually
at least skimmed it.
[1:13:02] There's undeniable proof of
the cancers, the miscarriages,
[1:13:06] the dead babies,
everything that I've sent
[1:13:07] over to you that is undeniable.
[1:13:10] Undeniable have you
held somebody taking
[1:13:13] their last breaths from cancer.
[1:13:16] Have you lost a baby.
[1:13:18] You become a shell.
[1:13:20] Who do you think they're
going to go after.
[1:13:22] 
[1:13:24] Think about it.
[1:13:26] If I knew somebody
knowingly killed my baby
[1:13:30] and I went home from the
hospital empty handed.
[1:13:33] 
[1:13:37] Just think about it.
[1:13:39] I have way more from
where this came from.
[1:13:42] I know that nobody else has
presented this anywhere else.
[1:13:46] So you don't realize
what's going to happen
[1:13:49] if you push this through.
[1:13:52] All right.
[1:13:52] Next up.
[1:13:53] 
[1:13:58] Eric Smith 13:28 road 170.
[1:14:02] I guess I'm here to today to
say this seemingly obvious,
[1:14:05] which is that a bad
deal is a bad deal
[1:14:07] no matter how you spin it.
[1:14:09] Like a lot of you
sitting up there,
[1:14:11] I'm also a local small
business owner, and as I'm sure
[1:14:14] many of you can
agree with the fact
[1:14:15] that red flags in
a business deal
[1:14:17] are indicative of
the necessity to step
[1:14:21] away from that deal, regardless
of any potential benefits.
[1:14:25] While the developer and I
say that with finger quotes
[1:14:28] because depending on
who is asking him,
[1:14:31] his story changes on whether
he's actually a developer
[1:14:34] or not.
[1:14:35] He's trying to entice
you with potential job
[1:14:37] creation, tax
revenue, industrial,
[1:14:39] residential build
outs, et cetera.
[1:14:40] The fact of the
matter remains is
[1:14:42] that he has lied under
oath about his involvement
[1:14:45] in this project,
while also stating
[1:14:48] that he has never undertaken
a center project before.
[1:14:51] Every single piece of
this is a red flag.
[1:14:54] Would you hire a mechanic
that has never worked on a car
[1:14:57] to work on yours.
[1:14:59] Would you hire a roofer to
put a roof on your house
[1:15:02] if he's never done it.
[1:15:04] I'm curious, as to why
we're even debating this.
[1:15:07] With all the pushback,
consequences, litigation,
[1:15:10] health effects, and strain
on utilities and resources,
[1:15:13] why is this even up for
consideration because
[1:15:16] of a few potential jobs
that it might create
[1:15:18] or because of some tax revenue.
[1:15:20] You fear potential
litigation if you deny.
[1:15:24] Well, what about
litigation if you proceed.
[1:15:27] All you have to do
is spend five minutes
[1:15:29] researching all of the negative
effects of data centers.
[1:15:31] And you can clearly
see that this
[1:15:32] is not something that or you
should want to be a part of.
[1:15:37] The time to stop this is now
before it goes any further.
[1:15:40] The pros do not
outweigh the cons.
[1:15:42] Individually, I
believe all of you
[1:15:44] recognize this as exactly what
it is a bad deal that you're
[1:15:48] just hoping is a good deal.
[1:15:51] Hope it is not a good
business strategy.
[1:15:53] Thank you.
[1:15:54] 
[1:16:01] David Claridge, 22 South
commercial street, and I am also
[1:16:07] running for state
representative for district 76,
[1:16:10] and I really look forward
to making life hard for you
[1:16:14] when I get to the state
house, because you removed
[1:16:17] my older sibling against the
constitutional first Amendment
[1:16:20] rights.
[1:16:21] This is ridiculous.
[1:16:24] I have never seen politicians so
abundantly terrible at their PR.
[1:16:30] It is insane.
[1:16:31] You had someone from the
opposition removed for clapping
[1:16:37] because they enjoyed a speech.
[1:16:39] Another member made are.
[1:16:41] Are you so hard of hearing that
you couldn't hear the speaker
[1:16:44] who was clearly talking
louder than the individual
[1:16:47] clapping that.
[1:16:49] It's beyond me.
[1:16:50] But what.
[1:16:51] I'm not here to rag
on you for that,
[1:16:53] I'm actually here to be your
wrestling heel and canary
[1:16:56] in the coal mine, so
I really recommend
[1:16:59] you listen to me chirping.
[1:17:01] You are setting up a
political environment
[1:17:04] where it is very concerning
where the future leads.
[1:17:10] I have a Bachelor of Science
in political science,
[1:17:12] and one of my favorite
things to look up
[1:17:15] was how governments failed,
how they got opposed,
[1:17:19] and how revolutions got to
the point that they got,
[1:17:22] particularly the
French Revolution.
[1:17:24] And there was, funnily enough,
somewhere in Tennessee, Athens.
[1:17:28] That is a favorite
story of mine.
[1:17:29] I'm telling you right
now, you are mirroring
[1:17:32] that part of history right now.
[1:17:35] And as someone who
does not want to have
[1:17:37] their head chopped
off or by a guillotine
[1:17:39] when I get to the state rep.
[1:17:41] Because bear in mind, there
were plenty of French Nobles
[1:17:43] on the side of the opposition.
[1:17:45] They didn't discriminate.
[1:17:47] I'm asking you to table this
until at least December.
[1:17:51] Allow a vote to commence and
just let the people decide.
[1:17:55] Goddammit!
[1:17:56] what is so hard about that.
[1:17:59] Why do you have to be so
fucking authoritarian.
[1:18:02] Please watch this.
[1:18:03] No thank you.
[1:18:04] Yeah all right.
[1:18:08] Oops all right.
[1:18:14] 
[1:18:17] David thank you.
[1:18:22] Hi my name is Christy Christman.
[1:18:24] I'm a resident, and this
is my tech right here.
[1:18:29] For me.
[1:18:30] 
[1:18:32] The sound you're hearing is
a very low frequency noise.
[1:18:35] Low frequency sounds
have longer wavelengths
[1:18:38] and are often not picked
up by decibel readers.
[1:18:41] It doesn't register as loud.
[1:18:44] Our audio has a limit on DBA,
which is 55, which is pretty
[1:18:49] reasonable, but it doesn't
regulate DVC, which is
[1:18:52] what you're listening to now.
[1:18:56] I'm taking this from
ordinance number 2621.
[1:18:59] I just want you guys
to listen to this.
[1:19:02] 
[1:19:16] 24/7 Your backyard
5 point would be
[1:20:04] obvious is that it's
going to be a problem
[1:20:08] for people that live there.
[1:20:09] But most importantly, I'd like
you to look at the 12 items
[1:20:14] that Christie put on
Facebook yesterday.
[1:20:18] And this would be
one of the things
[1:20:19] that the dio should
regulate, not
[1:20:21] just DBA sounds, but also DVC.
[1:20:24] There's hundreds of things
that you guys need to look at.
[1:20:27] Thank you.
[1:20:29] All right.
[1:20:29] Next up.
[1:20:30] 
[1:20:36] Hi thank you for listening.
[1:20:38] I'm Katie crook, 1826
road C I'm glad I
[1:20:41] don't have any of your jobs,
so thank you for listening.
[1:20:44] I'm glad to piggyback
off of have you.
[1:20:48] This is my son, John.
[1:20:50] He's 19.
[1:20:51] He has profound autism.
[1:20:54] Level 3.
[1:20:55] And if the Lorax speaks for
the trees, I speak for John.
[1:21:01] So that's why I'm here.
[1:21:03] And so I have the great
privilege and responsibility
[1:21:06] of speaking for him.
[1:21:08] He's 19, and he's the
best human on the planet.
[1:21:11] He also faces many challenges,
including level 3 autism.
[1:21:15] And I could talk a lot
about him for a long time,
[1:21:18] but I want to tailor
this to some issues
[1:21:22] that I don't hear a lot
of people talking about.
[1:21:24] And that is the
sensory nightmare
[1:21:26] that this could potentially
bring to families like mine.
[1:21:29] I live close to one of the
tracks for the proposed center.
[1:21:35] And how this impacts people with
sensory processing or autism is
[1:21:41] don't think of it as a deficit.
[1:21:44] His brain works too well.
[1:21:47] OK, it can't filter
out the sensory input
[1:21:51] that neurotypical
brains can't, so you
[1:21:52] just have to imagine
your senses being
[1:21:55] maxed out 100% of the time.
[1:21:58] And then he can't communicate
when he's overwhelmed.
[1:22:01] So what that looks
like is he then
[1:22:03] will be aggressive
towards himself,
[1:22:05] or he can get aggressive
towards other people.
[1:22:08] And this photo was photoshopped.
[1:22:11] But if it wasn't photoshopped,
you would see a nice bruise
[1:22:14] right here that's always
there because he has
[1:22:18] some self-injurious behavior.
[1:22:19] OK, so we live really
close and I just
[1:22:23] feel like we bought our
home with the intention
[1:22:27] of him always living with us.
[1:22:29] And he deserves the
quiet, peaceful enjoyment
[1:22:32] of his home and the kids and the
autism self-contained classroom
[1:22:34] at Timmerman due to.
[1:22:36] It's going to be rough.
[1:22:38] So thank you.
[1:22:39] 
[1:22:41] Next up.
[1:22:42] 
[1:22:46] My name is Darren Maley.
[1:22:47] I live at 9:45 Woodhall street.
[1:22:49] My husband and I are
both from Emporio.
[1:22:50] We moved back from Hawaii
in the fall of 2021,
[1:22:53] after spending a
decade in the Kansas
[1:22:54] City Metropolitan area on
both sides of the state line.
[1:22:57] We moved back from Korea
to be close to our love,
[1:22:59] to have a cheaper
cost of living.
[1:23:01] We're very compassionate
and empathetic people
[1:23:02] who want the best
for our family,
[1:23:04] as well as our neighbors and
members of our community.
[1:23:07] Our neighbors are a church and
my husband's best friend's aunt
[1:23:10] who is in her late 70s.
[1:23:11] To our left, we
have a relationship
[1:23:12] with our neighbor across the
street and down the street.
[1:23:15] They wanted to help pay for our
son to get a basketball goal,
[1:23:18] because they seen him playing
basketball in our driveway
[1:23:20] for hours alongside
our neighbor,
[1:23:22] two homes down as a
nonverbal autistic child.
[1:23:24] And sometimes he
comes to our home.
[1:23:27] We have a good relationship
with his parents
[1:23:30] and we always look
out for each other.
[1:23:31] Our resources.
[1:23:32] My husband helps our
neighbors and their loved
[1:23:34] ones with vehicle issues
or literally anything.
[1:23:36] We all serve each other.
[1:23:38] We all help each other out
and we do not want to leave.
[1:23:41] We have the home listed when we
listened, when we took it down.
[1:23:47] And we realize that this
is where we wanted to be.
[1:23:50] Our neighbors breathed
a sigh of relief.
[1:23:52] They told us that they did
not want us to go in with you.
[1:23:54] What kind of neighbors and
members of your community
[1:23:56] do you want.
[1:23:57] You want members to protect
and look out for each other
[1:23:59] because that is what we want.
[1:24:00] That is what we expect
from our neighbors,
[1:24:01] because that is what
they've always done.
[1:24:03] Our dogs got out and they called
us and brought them back home.
[1:24:06] They didn't turn us
in or drag us online.
[1:24:08] They looked out for each other.
[1:24:09] We look out for each other.
[1:24:10] So I ask you, will
you look out for us.
[1:24:12] Will you protect us
from this data center.
[1:24:14] When you look out for my
78-year-old neighbor and then
[1:24:16] non-verbally, will
you protect them from
[1:24:20] the harm of this data center.
[1:24:21] This is not something my
husband and I can do alone.
[1:24:23] It takes a village.
[1:24:24] So I ask the city commission.
[1:24:25] Will you be our village.
[1:24:27] Will you protect us.
[1:24:28] Will you table both of the
items until after the November
[1:24:31] vote on item one.
[1:24:32] The data center, rezoning and
item two rezoning with tracks.
[1:24:36] Thank you.
[1:24:39] Next up on the road.
[1:24:40] 
[1:24:45] Howdy, y'all.
[1:24:47] It's almost 10:37
road 70 Kansas.
[1:24:50] I implore you all to put any
and all data centers on hold,
[1:24:54] preferably shoot them
down before they start.
[1:24:56] We're moving too fast
as a city on something
[1:24:58] that has been proven.
[1:24:59] It's not healthy steps for
cities, people, or livestock.
[1:25:02] Everyone here has brought
up some great points
[1:25:04] against data centers.
[1:25:05] So I ask you to consider
what ifs on the Pro side.
[1:25:09] On the good side,
there's a chance
[1:25:11] that data centers could bring
in some taxes in a few years.
[1:25:14] They won't steal all their water
and they'll provide 515 jobs.
[1:25:18] All of that.
[1:25:18] The cost of 1,000 acres.
[1:25:20] And our city's health and trust.
[1:25:22] On the factual side, the
data center corrupts health
[1:25:25] for people and livestock.
[1:25:26] They've been shown to
sue, to steal water,
[1:25:28] and they've raised
our electric Bills
[1:25:30] while lowering property values.
[1:25:31] Property values will
provide no jobs.
[1:25:34] Please don't line
people's pockets
[1:25:36] that don't even live here.
[1:25:37] I care about my health,
my wife's health and
[1:25:39] our future Children's Health.
[1:25:41] Please side with the
people of Emporia here.
[1:25:42] And don't flush the beautiful
city and our beautiful Kansas
[1:25:45] land down the drain.
[1:25:46] And keep in mind that
I. You're hosting
[1:25:51] us on Tuesday at 11 o'clock AM.
[1:25:53] I drove 20 minutes,
took the day off
[1:25:55] to voice my opinion as there
are many of my shoes who cannot.
[1:25:58] I've sat through hours of
the previous two meetings,
[1:26:00] and I will sit and
stand for more if it
[1:26:01] keeps Emporia data center free.
[1:26:03] Thank you so much.
[1:26:06] Thank you.
[1:26:07] 
[1:26:11] Oh, John.
[1:26:14] Kurt Monica.
[1:26:15] Tammy I pushed real
hard to get you here,
[1:26:18] so hopefully because
I believed that you
[1:26:21] would listen to the people.
[1:26:23] And the people are speaking.
[1:26:26] There's so much that is unknown.
[1:26:29] Not only on your level, but
everybody else on data center,
[1:26:34] solar farm, anything.
[1:26:36] There's so much to be
learned, and there's
[1:26:39] so much that we can
all learn together
[1:26:42] and maybe come to some point.
[1:26:46] Stepping back now, I know
Emporia is in a pickle.
[1:26:52] We need the revenue.
[1:26:54] We've lost jobs.
[1:26:55] We lost factories.
[1:26:57] But I ain't 100% This is the
answer, let alone the investors.
[1:27:04] Why did Nordstrom and Pinkston
approached Coffey County.
[1:27:09] And why did Coffey County
tell them to take a hike.
[1:27:12] Basically, there's
a lot of unknown.
[1:27:17] I mean, the city attorney's
doing probably best job.
[1:27:22] Givens is doing his
best work, but we're
[1:27:25] up against some big time boys.
[1:27:27] We're not playing with mom
and pop across the street.
[1:27:31] We're playing with big boys.
[1:27:33] They got more money to sink
this town than anything.
[1:27:36] So now is your opportunity
to do your best
[1:27:39] to try and shut this down.
[1:27:41] Listen to the people.
[1:27:44] Like I said, we are in
Emporia, is in debt.
[1:27:50] I've looked at the financial.
[1:27:51] I've had some people from other.
[1:27:54] Well, I'm going to
go ahead and say it.
[1:27:55] My sister was County clerk for
Dickenson County for 2026 years.
[1:28:02] And she asked me, and
you guys know who I'm
[1:28:05] talking about, not you three.
[1:28:07] You're here, you're new, you're
getting thrown into the fire.
[1:28:11] But she asked me.
[1:28:12] She called me.
[1:28:13] She's Christian.
[1:28:14] She said, I won't stop
you, but thank you.
[1:28:17] 
[1:28:22] Robert Brooks 1336 37 verse 18.
[1:28:27] It's been an intense
hour and a half so far,
[1:28:29] and looks like you
guys have more.
[1:28:31] So I'll give you 10, 15 seconds.
[1:28:33] Just take a deep breath with me.
[1:28:35] 
[1:28:39] We are in your community.
[1:28:41] I have been here forever.
[1:28:44] You guys have been here
as long as I can remember.
[1:28:46] I think a lot of you have
lived here your whole lives.
[1:28:48] Do not forget, we are your
community and your ours.
[1:28:54] There's a lot of hot tips
about this whole thing.
[1:28:59] And I think we share
the idea that we wish
[1:29:02] we could have avoided that.
[1:29:03] It's a sorry thing
to have had happened,
[1:29:08] but we're not losing
sight of that.
[1:29:11] You're our friends.
[1:29:12] You're our neighbors.
[1:29:13] You're our family just
as much as anybody
[1:29:16] sitting back here
on the other side.
[1:29:18] Shake your hands.
[1:29:19] But I understand
that whole thing.
[1:29:21] But I do like stories.
[1:29:24] Where in Kansas, it's always
cowboy stories, whether it's
[1:29:29] the new sci-fi
stuff or even more
[1:29:32] I think we know how
those stories go.
[1:29:35] We all kind of grew up with
them on TV and stuff, and.
[1:29:41] We know what the guy with the
Bowler hat and the mustache
[1:29:46] looks like.
[1:29:47] What Farm folk.
[1:29:49] We know who they are.
[1:29:50] We know how those stories go.
[1:29:53] We're all going to
tell the story of how
[1:29:55] this happened to our kids.
[1:29:57] Our kids are going to
tell it to the grandkids.
[1:30:00] They might write books about it.
[1:30:01] They might be a movie someday.
[1:30:04] Who are you guys going to be.
[1:30:08] How does that story play out.
[1:30:10] Because you're the ones
that are writing the script.
[1:30:13] On our behalf.
[1:30:15] You guys are going to
decide how this ends.
[1:30:18] Please let us do this together.
[1:30:21] Thank you.
[1:30:23] Thank you.
[1:30:25] Anyway, back to the front row.
[1:30:27] Front row.
[1:30:27] Whichever one.
[1:30:28] Whichever lady would
like to go first.
[1:30:30] 
[1:30:32] OK my name is Christina Grayson.
[1:30:34] I live at 902
road, 260 Americus,
[1:30:37] and I am opposed of this.
[1:30:40] And I came looking at the agenda
today of what is on the docket
[1:30:46] to even speak about.
[1:30:48] And I feel that even by
you guys of addressing
[1:30:52] the water, the zoning and
the rezoning of these areas,
[1:30:57] I think that I've also
lived on Highway 99,
[1:31:00] where there is only well, water
and there is no infrastructure
[1:31:04] being able to go in that
direction between the rivers
[1:31:07] or past the rivers in that area
to be able to expand the water.
[1:31:11] And those people who are only
being able to live by, well
[1:31:15] water.
[1:31:16] You're taking out
their livelihood to be
[1:31:18] able to maintain to live there.
[1:31:22] And I know you guys have
done a really great job
[1:31:26] for representing
Emporia and I feel
[1:31:30] that I'm not disrespecting
anything that you
[1:31:33] guys have done in the past.
[1:31:35] But I do ask that you
listen to the people
[1:31:37] and you have been presented
with a lot of stuff.
[1:31:39] Thank you.
[1:31:41] All right.
[1:31:41] 
[1:31:45] Pauline Hancock 644.
[1:31:48] What has happened
to this democracy.
[1:31:51] A government of the people, by
the people, and for the people,
[1:31:54] as Lincoln stated in
the Gettysburg Address.
[1:31:56] Are you listening to all
the people of emporia?
[1:31:59] Is Emporia a democracy, or.
[1:32:00] It has become an autocratic
where decisions are
[1:32:04] imposed without public consent.
[1:32:07] Why should five commissioners
make this decision
[1:32:10] instead of having the
people of Emporia vote
[1:32:12] on such a proposal
with this magnitude.
[1:32:16] This decision does not
only affect the city
[1:32:18] employee, but the whole County.
[1:32:19] I've spoken to a lot
of people in Emporia,
[1:32:21] in Lyon County that are
distressed by this issue,
[1:32:24] since the neighboring
towns get their water
[1:32:26] and electricity from employee,
directly or indirectly.
[1:32:30] Your decisions could
affect their health
[1:32:32] as well as their utility Bills.
[1:32:34] You have deeply upset a
lot of people far and wide
[1:32:37] in the community, with the
possibility of this data center
[1:32:41] as landowners adjacent
to these plots,
[1:32:43] we have done nothing
wrong and are
[1:32:45] having to fight for the
right to keep our homes safe.
[1:32:48] These are not just
houses, they are homes.
[1:32:51] You have robbed my time as
well as my fellow landowners
[1:32:55] this summer because of
what you are proposing.
[1:32:57] I have no voice in this city.
[1:32:59] But you were elected to
represent the people of Pawnee.
[1:33:02] Are you listening.
[1:33:04] Are you using this position
as leaders of integrity
[1:33:07] and representing the
wishes of the constituents.
[1:33:11] Are you listening with
open minds and hearts.
[1:33:14] Can you assure us
that the data center
[1:33:16] will not affect the water.
[1:33:18] Even the governor
Kelly has addressed
[1:33:20] the problem of insufficient
water in Kansas.
[1:33:22] Can you assure us that the
noise from the data center
[1:33:25] will not harm our.
[1:33:27] Our life, our animals and us.
[1:33:29] And what about the emissions
and the air that we breathe
[1:33:32] and the effects of the
economic ecosystem.
[1:33:34] By taking out 100 or 1,000
acres of mostly Native prairie.
[1:33:40] Please override
these recommendations
[1:33:42] and stop it now until we have
the assurances that we need.
[1:33:45] I pray that you will,
with a clear conscience,
[1:33:48] you can vote and hold these, and
you will be held accountable.
[1:33:52] Thank you.
[1:33:55] That's it.
[1:33:57] Go once.
[1:33:58] Twice then.
[1:34:00] OK we'll move on to our agenda.
[1:34:02] 
[1:34:07] First up is resolution 3795,
adopting a large volume
[1:34:10] water service policy.
[1:34:14] Thank you, Madam Mayor
and commissioners.
[1:34:17] This is the first
of two policies
[1:34:21] for your consideration today.
[1:34:22] And it is part of the framework
and structure that you have
[1:34:28] rightfully undertaken to ensure
that as development and industry
[1:34:33] approaches the community
for opportunities
[1:34:37] to help Emporia grow, we can
ensure that we're safeguarding
[1:34:43] our resources, both the capacity
that we have to serve, but also
[1:34:49] to serve the community,
and additional growth
[1:34:54] and development to keep a
diversified economic base.
[1:34:57] Can I stop you right there.
[1:34:59] Can you please reiterate this is
long overdue for the whole city.
[1:35:03] This has nothing to do
with East, Northwest.
[1:35:05] This has to do with consumption
for a very long time
[1:35:09] and capacity of both your water
and your wastewater systems,
[1:35:13] so that you can prudently plan
and ensure that as industry
[1:35:19] approaches the community,
we're not overcommitting
[1:35:23] and we're also
structuring it in a way
[1:35:26] that with this first item here,
we have 12 specific references
[1:35:32] that discusses
infrastructure allocation
[1:35:35] and safeguarding the
existing ratepayers to where
[1:35:38] the benefiting applicant or
large volume user, whether it's
[1:35:42] water or wastewater,
is not the one paying
[1:35:46] for these improvements, but
the benefiting customer who's
[1:35:50] doing so.
[1:35:52] So what we have here is
proposed resolution 3 3795
[1:35:56] adopting a large volume
water service policy.
[1:36:00] The purpose, again,
is to establish
[1:36:02] a comprehensive framework so
that we can evaluate and assess
[1:36:07] these large users and to
develop a consistent framework
[1:36:13] that aligns with
industry best practices.
[1:36:16] Kansas law.
[1:36:17] And it's been developed
through and refined
[1:36:22] by multiple appearances
before you, most recently
[1:36:26] at the July 1 meeting.
[1:36:29] This proposal provides
a framework that.
[1:36:32] 
[1:36:35] Puts the existing utility first,
and safeguarding our resources
[1:36:41] and our existing
economic rate paying base
[1:36:44] as our primary foundation.
[1:36:48] So we're recommending that you
consider the proposed policy
[1:36:51] and this resolution
adopting the large volume
[1:36:54] water service policy that
establishes this framework.
[1:36:58] And so it also
provides consistency
[1:37:01] and uniformity so
that we're not just
[1:37:04] having an ad hoc consideration.
[1:37:07] And it ensures that
it's uniformly applied.
[1:37:10] And that we are able to
also specifically address
[1:37:17] each individual industry because
each is a unique contributor
[1:37:23] to the wastewater
system, as each
[1:37:25] is a unique draw from our
existing water utility usage.
[1:37:30] So we have to look at
everything in totality.
[1:37:34] And that's what this framework
before you for the water
[1:37:37] and the wastewater
coming up does.
[1:37:39] 
[1:37:43] Simply put, these two
sentences give you
[1:37:46] a summary of what
that policy does,
[1:37:48] which again is that framework.
[1:37:50] It protects the financial
stability of our existing
[1:37:53] utility, provides
operational reliability
[1:37:56] to our existing customers.
[1:37:57] It conforms with our
legal and regulatory
[1:38:00] as well as providing
for long term planning.
[1:38:04] And it's through individual
service agreements
[1:38:07] or with full cost recovery,
financial assurances
[1:38:10] and requirements that has
whether it's phased or in one
[1:38:15] fell swoop, that clearly has
an administrative framework
[1:38:19] and in an analysis complete
with engineering assessments.
[1:38:24] Large scale impacts from
both the initial proposal.
[1:38:29] But if it's a campus
or phased development,
[1:38:32] you're taking that in
totality going forward.
[1:38:35] And we're also ensuring that the
service demands are not shifted
[1:38:39] or allocated the burdens
of serving these customers
[1:38:43] to our existing
utility customer base.
[1:38:46] Again, this is reiterated
at least 12 instances
[1:38:50] in your water policy here.
[1:38:53] So the purpose.
[1:38:54] And again establishes
this framework.
[1:38:56] And why do we have that.
[1:38:57] Because it's the
foundation that ensures
[1:39:00] that these large projects
are evaluated consistently
[1:39:03] and fairly, while
preventing financial burdens
[1:39:05] or operational
impacts that could
[1:39:07] be detrimental to serving
our existing customer base
[1:39:11] or providing long term
burden to the utility.
[1:39:16] Oops, sorry.
[1:39:17] Phase two.
[1:39:17] 
[1:39:20] OK Section 3 is
the applicability.
[1:39:29] And it provides
the standards that
[1:39:34] allow for us to consistently
administer the policy
[1:39:38] and preserve flexibility to
these individual projects
[1:39:41] that we discussed
in our item kickoff.
[1:39:44] 
[1:39:47] We have a classification rate
structure that is individualized
[1:39:53] in our individual
service agreements,
[1:39:55] with a cost of
service rate basis
[1:39:58] that will recover all of these
direct and indirect costs.
[1:40:01] And we have that because again,
protects our existing utility
[1:40:06] customers by ensuring that
growth pays for growth
[1:40:08] and that the beneficiary,
benefiting applicant or industry
[1:40:13] will be the one paying for it.
[1:40:16] So we're minimizing and
reducing, if not completely
[1:40:19] removing any sort of.
[1:40:20] Subsidization of
that infrastructure.
[1:40:23] And that is, again
reflected in these rates.
[1:40:28] And should have
little to no impact
[1:40:32] on our existing customers.
[1:40:35] Other than that we are widening
the base, which overall in time
[1:40:38] tends to reduce costs
to existing stakeholders
[1:40:43] or customers in the system.
[1:40:47] Section 5 addresses our
water service agreements,
[1:40:49] and that requires that
every large volume
[1:40:52] customer that meets that
criteria in applicability
[1:40:55] has one of these.
[1:40:57] It establishes the
service commitments,
[1:40:59] the duration of our contracts,
the minimum monthly billing
[1:41:02] obligations.
[1:41:04] And it also addresses
phase development
[1:41:06] provisions should they apply.
[1:41:08] And then if there are unique
or specific provisions that
[1:41:12] need to be addressed, it's
also included at that time,
[1:41:15] and we have a minimum contract
term of not less than 10 years.
[1:41:21] And I say or longer, because
oftentimes you have a 20 year
[1:41:26] debt obligation related
to the financing
[1:41:30] of public improvements.
[1:41:32] And so that's why
we have that there.
[1:41:34] And then we have a minimum
monthly billing allocation
[1:41:37] that shows that 75% of
that baseline commitment
[1:41:40] will be addressed.
[1:41:42] And then we also have the
flexibility of the commission
[1:41:45] to be able to tweak
or to waive that,
[1:41:47] because there are some
unique instances where say,
[1:41:50] that 10 year time frame
may not necessarily fit.
[1:41:53] So we wanted to again, not
have a cookie cutter approach,
[1:41:57] but give us a standardization
of the process
[1:41:59] and still afford
flexibility as we're
[1:42:04] able to meet the needs
of our existing payers,
[1:42:09] but also the ratepayers
that in industries
[1:42:12] that are coming on board.
[1:42:14] And this is one
that I know we've
[1:42:16] talked about quite
a bit in section
[1:42:18] 6, which is our
infrastructure and our capital
[1:42:21] cost responsibility.
[1:42:22] And that's where we're actually
requiring the customers to fund
[1:42:25] the infrastructure that
serves their development,
[1:42:28] and assigning that
responsibility
[1:42:30] to those privately
owned facilities
[1:42:32] and defining the ownership as
far as what's public utilities
[1:42:36] versus the private beneficiary.
[1:42:39] And this makes certain that
project specific capital cost
[1:42:42] is financed by those benefiting.
[1:42:45] So it's further protecting
the existing customers
[1:42:49] and our utility finances so that
we're able to forego or minimize
[1:42:58] the incremental cost.
[1:43:00] The inflationary costs that
occur across time that do cause
[1:43:05] for are necessary for cause for
increases in our utility rates
[1:43:10] over time.
[1:43:11] So we're minimizing
that impact as well.
[1:43:15] And again, the financial
assurance and entity
[1:43:18] responsibility or
responsibility.
[1:43:21] And that's where
we're performing
[1:43:27] detailed financial analysis and
getting security whether it's
[1:43:32] through performance bonds.
[1:43:36] Different aspects
to secure it as eyes
[1:43:40] the cost of the improvements
that we're making to our system
[1:43:45] so that we're essentially
holding collateral
[1:43:47] to be able to ensure that
the city is made whole
[1:43:51] in the event of some
sort of default.
[1:43:55] So this requires
minimizing our exposure
[1:44:00] and reduces that potential
long term impact.
[1:44:04] 
[1:44:07] Early termination and default.
This is standard language,
[1:44:12] and it essentially protects
the city's investment
[1:44:15] by providing the
process that we utilize,
[1:44:19] which is, of course, Kansas
law for how this would occur,
[1:44:23] assignability, et cetera.
[1:44:25] 
[1:44:29] Item is our system
capacity review,
[1:44:32] and that's where we
talk about if we have
[1:44:36] a 15 million gallon a
day water treatment plant
[1:44:41] and we currently are using 10.
[1:44:45] Do we then have an industry
that comes in, even if it's not
[1:44:50] five or more, if it would cause
significant inflow or the need
[1:44:56] to have additional production.
[1:44:57] And at that point, if
we're taking our reserve
[1:45:00] or when Jack was giving the
analysis in our last study
[1:45:04] session of a
tachometer, where you've
[1:45:06] got your green and your
yellow, low orange and red.
[1:45:09] So we want to make
sure that we're
[1:45:11] avoiding that orange
and red and even getting
[1:45:14] too far into the yellow.
[1:45:16] So that's what this portion
of the system capacity
[1:45:20] review analyzes and
assesses and requires us
[1:45:23] to do by adopting this policy.
[1:45:27] And then again,
conservation and efficiency.
[1:45:30] This essentially says
that whether it's.
[1:45:35] Curtailment or reduction,
we can apply that
[1:45:40] to as we can across
the board if we're
[1:45:43] in a Water Watch or
a water emergency
[1:45:46] due to drought or whatever,
that they have to comply
[1:45:49] with those provisions as well.
[1:45:52] And then, of course,
reservation of rights.
[1:45:54] And when you get into
these tail end things,
[1:45:56] I'll defer to our city
attorney on these issues.
[1:46:01] But this reduces our exposure
by giving us the ability
[1:46:05] to have project specific
tailoring to ensure
[1:46:10] that we're safeguarding
our ratepayers
[1:46:12] and our public interests.
[1:46:15] And just again,
provisions for flexibility
[1:46:17] to obtain the
technical expertise
[1:46:19] that we need in order to
study these applications that
[1:46:23] come before us.
[1:46:25] And then in section
7 of the policy,
[1:46:27] it discusses how those costs
are apportioned and spread
[1:46:31] so that the city itself
isn't incurring the costs,
[1:46:35] but that of the applicant, who
is even a potential large volume
[1:46:43] customer.
[1:46:45] And then interpretation
is more legalese
[1:46:48] as far as the
enforceability and how
[1:46:51] we're applying those specific
provisions for federal,
[1:46:54] state, and local law.
[1:46:58] And what this shows, and we
showed you this in a couple
[1:47:01] of our presentations.
[1:47:02] 
[1:47:06] And this top.
[1:47:08] The top flowchart is
just a standard one
[1:47:11] and done kind of application
for a single site.
[1:47:14] And what that would do.
[1:47:15] So we would have the application
receive that application.
[1:47:18] We would then conduct
that capacity review,
[1:47:21] that engineering analysis, as
well as the financial assurance
[1:47:26] assurances and the
financial review,
[1:47:29] taking that into the capacity,
developing a service agreement,
[1:47:33] which is approved by
the commission and is,
[1:47:36] again, something that
would be a public meeting.
[1:47:42] And then the commission
would have approval
[1:47:45] once the service
agreement is finalized, to
[1:47:49] that unique, specific industry.
[1:47:51] Now, the master plan
or the campus style
[1:47:54] is one that once we
receive that, then
[1:47:58] we have to look at each phase
and then that is evaluated.
[1:48:04] Let's say we approve phase
I. Then at that point,
[1:48:09] we would receive, say, a second
phase or a second new facility.
[1:48:13] Then we take that
request and when
[1:48:16] we're doing the
initial assessment,
[1:48:17] we look at it in its totality.
[1:48:20] And then we also look at
each of the individual phases
[1:48:23] and components to serve
that and then compare
[1:48:26] to that initial
baseline to say are
[1:48:28] where we thought we would be.
[1:48:31] Yes or no.
[1:48:32] And of course, if
there's a variance why.
[1:48:34] So this is just simply showing
that we are looking at each one
[1:48:38] independently yet again in
totality, when we receive
[1:48:42] that initial application and
review and then again update
[1:48:48] that comprehensive review
of all of your phases
[1:48:51] and then approve if we have
that sufficient capacity.
[1:48:55] So we want to say to that
approval of a master plan
[1:48:58] project doesn't reserve ultimate
build out capacity at all,
[1:49:02] and future phases
do require that
[1:49:06] updating that same financial.
[1:49:07] Assessment and analysis
and the capacity
[1:49:09] review for consideration
and approval by.
[1:49:12] The governing body.
[1:49:13] 
[1:49:16] And why do we want
to have this policy.
[1:49:19] Much of what Mayor Smith
asked at the beginning
[1:49:23] of this item and that.
[1:49:24] It protects the existing
utility customers.
[1:49:27] It supports responsible,
prudent economic development,
[1:49:32] protects our financial
integrity of our utility,
[1:49:36] and preserves our system
capacity and reliability,
[1:49:39] and provides fair and
equitable cost allocation
[1:49:42] to both our existing
users and future users,
[1:49:45] as well as the
applicant themselves.
[1:49:47] And then, because it
is a public review
[1:49:50] throughout the entire process,
and we forget too, that we have
[1:49:53] a development process and
that zoning is actually
[1:49:57] a preliminary step
in that process
[1:50:01] before the actual decisions
and items start getting made.
[1:50:06] And when you're looking at
commercial and industrial
[1:50:08] development, zoning is something
that is in place before you even
[1:50:13] approach or you are approached
by certain vendors and industry.
[1:50:20] So they want to make sure
that is already in place.
[1:50:23] So what we're doing here
is also improving not only
[1:50:28] the consistency
and the uniformity,
[1:50:30] but that transparency and a
solidarity in how we approach
[1:50:39] each individual step
of that review process
[1:50:42] so that it's uniform.
[1:50:45] So what we're requesting is
that you consider approving
[1:50:49] resolution 3795 for this
large volume of water service
[1:50:54] policy that protects
the existing ratepayers,
[1:50:57] strengthens the financial
stability and sustainability
[1:51:00] of the city's water utility,
and preserves system capacity,
[1:51:04] and provides for a
consistent framework
[1:51:05] for supporting responsible,
prudent economic growth.
[1:51:08] 
[1:51:12] I'd like to make a motion to
approve resolution number 3795,
[1:51:17] adopting the city of Emporia
large volume water service.
[1:51:20] I second the motion and
a second for resolution
[1:51:22] 3795, adopting a large volume
of water service policy.
[1:51:26] Any other questions for Brian.
[1:51:28] Appreciate your work on this.
[1:51:29] Thank you.
[1:51:30] Good job.
[1:51:31] It's been a team effort across
the board from the manager
[1:51:34] on down.
[1:51:34] And also would like to
thank our utility plants
[1:51:38] Manager Jack Mason
who's also played.
[1:51:42] Can you just hit on
what the existing
[1:51:45] is with existing businesses.
[1:51:47] This is only going to affect
new projects, new projects.
[1:51:50] And in fact, we only have
one existing customer
[1:51:55] that would even
qualify currently
[1:51:56] and that customer is on its own
development agreement currently.
[1:52:01] So this policy doesn't pertain.
[1:52:04] But if they do come to us with
an expansion, which we know
[1:52:09] is actually in
consideration, at least
[1:52:12] conceptually, because they plan
years and decades in advance.
[1:52:17] But having this on
the books already
[1:52:20] is one of those reasons why.
[1:52:21] Because this would pertain to
any sort of facility and they
[1:52:24] could fall under this umbrella.
[1:52:26] Correct yeah.
[1:52:28] OK yeah.
[1:52:31] It's been motion and
seconded for resolution 3795.
[1:52:34] All in favor, say Aye.
[1:52:35] Aye Motion passes 5 0.
[1:52:37] All right you're up next.
[1:52:38] 37 96.
[1:52:39] And this one will
be much more brief.
[1:52:43] A lot more brevity.
[1:52:44] I do want to say that
in this instance,
[1:52:47] with respect to the wastewater
policy and resolution 3796,
[1:52:52] this policy also has
that same safeguard for.
[1:53:00] Call it equitable
payment of infrastructure
[1:53:03] toward the benefiting user.
[1:53:06] But we have it actually cited
15 different times in this one
[1:53:11] in multiple sections.
[1:53:13] So we want to reiterate that
is obviously being imperative.
[1:53:17] And so what this policy does is
have a comprehensive governance
[1:53:22] framework that evaluates the
impact of these large wastewater
[1:53:27] users.
[1:53:28] And we also want to
when we talk wastewater,
[1:53:30] we often use the phrase
water and wastewater
[1:53:32] because you have to have
water flow in order to be
[1:53:36] able to process wastewater.
[1:53:38] So we want to again, protect
the financial stability
[1:53:41] of the utility, improve or
retain operational reliability,
[1:53:46] conform to the legal and
also have our long term
[1:53:50] sustainability, which
isn't just environmental,
[1:53:52] it's also financial and being
good stewards for our time.
[1:53:57] And so we do that through these
individual service agreements
[1:54:00] with full cost
recovery and the items
[1:54:02] that we discussed previously.
[1:54:06] The purpose is the
same, and it benefits us
[1:54:09] by preventing the
financial burdens
[1:54:10] and operational impacts
from being transferred
[1:54:12] to the existing ratepayer.
[1:54:14] The legal sufficiency
and rate of authority
[1:54:17] also reduces that same risk,
and clearly distinguishes
[1:54:21] between the framework being
applied to the existing
[1:54:27] user and their unique position,
while again safeguarding
[1:54:31] the existing ratepayer.
[1:54:35] This applies to applicants
for service or development
[1:54:41] with an anticipated
wastewater flow.
[1:54:45] Also look at and analyze the
discharge characteristics
[1:54:49] of the industry.
[1:54:51] What infrastructure
needs are required
[1:54:53] to serve that industry,
both currently
[1:54:56] as well as not just
new installation,
[1:54:59] but the cost of maintenance.
[1:55:01] And the system impact the
operational requirements for us
[1:55:06] to meet that.
[1:55:07] We also look at the potential
impact on our entire utility
[1:55:10] system and also study that
financial wise and what
[1:55:15] that cash flow look like.
[1:55:17] And then pattern
that individualized
[1:55:19] contractual arrangement
to meet that.
[1:55:21] Because if we need to have
pretreatment or something that's
[1:55:29] specific, that
requires extra steps,
[1:55:31] and we want to make sure that
their rates that are developed
[1:55:36] accommodate that so
that we're not creating
[1:55:38] a deficit somewhere else.
[1:55:42] The classification
as far as qualifying
[1:55:44] to be this large volume
wastewater service customer,
[1:55:47] it again, requires US individual
service agreement that's
[1:55:51] approved by the governing
body in an open meeting,
[1:55:55] and has those same
cost of service rate
[1:55:58] protections to recover all
the direct and indirect costs
[1:56:01] associated with
serving the customers.
[1:56:03] And that is literally that
second half of the sentence
[1:56:06] is lifted right out
of the agreement
[1:56:08] that we're proposing for you.
[1:56:12] And we look at
the impacts again,
[1:56:16] but also we structure these
unique to that situation
[1:56:21] so we can utilize that
volumetric wastewater,
[1:56:24] the treatment
surcharges, strength
[1:56:26] based inputs, the industrial
pretreatment fees, whatever.
[1:56:30] We need to be able to ensure
that we're capturing that cost.
[1:56:33] It's identified and relayed here
again, the service agreements,
[1:56:38] it's based upon the anticipated
wastewater flow and discharge
[1:56:42] characteristics of the project.
[1:56:44] But we also again reflect
that same structure
[1:56:49] from the water with
that 10 year minimum,
[1:56:51] but also having it specific
to the project 6 again,
[1:56:57] you've seen this before,
just a section to itself
[1:57:01] for the cost and
the burden being
[1:57:03] on the benefiting property.
[1:57:05] Same financial assurances
that go into this.
[1:57:08] And the requirements are again
with alignment in alignment
[1:57:14] with our water policy.
[1:57:17] Same with termination
system capacity review.
[1:57:19] This is a little more nuanced
and complicated than the water,
[1:57:23] in that we also have to look
at our water supply but also
[1:57:26] the environmental impact.
[1:57:28] And then what are the
unique characteristics,
[1:57:32] whether it's PFAS or emerging
characteristics that we know
[1:57:36] are coming down.
[1:57:36] So we have the
flexibility in language
[1:57:38] that if there are provisions
that come in that are affected
[1:57:43] by an applicant that would say
approved 10 years previously,
[1:57:46] and it's a 20 year agreement.
[1:57:48] Then we can then
look at requiring
[1:57:52] those changes or investments
to be made by that industry.
[1:57:58] This again gets into authorizing
us to invoke conservation,
[1:58:05] reuse, efficiency
measures, whether that's
[1:58:08] industrial pretreatment
on site or just off site
[1:58:10] in the right of way,
discharge permits,
[1:58:13] compliance requirements.
[1:58:15] The same thing that we were
talking about earlier, as far
[1:58:17] as the PFAS, the
contaminants concerning
[1:58:19] those emerging contaminants
of emerging concern.
[1:58:23] We just tried to be as specific,
yet give us the ability
[1:58:30] to be flexible because things
change over time and something
[1:58:34] that is an issue now.
[1:58:37] Folks were unaware of
what microplastics were 10
[1:58:41] years ago, for the most part.
[1:58:42] And now everyone's aware.
[1:58:45] 
[1:58:47] Reservation of rights.
[1:58:49] These are all identical
to exactly what we covered
[1:58:51] in our water, and showing
that this process is exactly
[1:58:55] as the process that you
considered for the water
[1:58:58] as well, that we look at
them both in totality,
[1:59:03] but then standalone
for each phase,
[1:59:05] without actually
reserving that ultimate
[1:59:08] build out right for proposed
phases into the future.
[1:59:14] Again, the same benefits,
and what we're requesting
[1:59:17] is the adoption of
this resolution, 3796,
[1:59:22] for the large volume
wastewater service policy.
[1:59:26] 
[1:59:29] I'll make a motion to approve
resolution number 3796,
[1:59:34] adopting the large volume
waste service policy.
[1:59:37] Second Motion and second
for resolution 3796,
[1:59:40] adopting the large volume
wastewater service policy.
[1:59:43] Any other questions
for right up to that.
[1:59:47] I had a request for.
[1:59:50] Can we take a break.
[1:59:53] Yeah, sure.
[1:59:54] How long do you need
for the rest 5 five.
[1:59:59] Two 5 5 five.
[2:00:01] Soon as we get back.
[2:00:01] Five minutes.
[2:00:02] We get back.
[2:00:04] Go ahead.
[2:00:06] That's for five minutes.
[2:00:07] Seven minutes.
[2:00:08] Second 102102102.
[2:07:16] Up next.
[2:07:16] Step three ordinance 2021
amending the zoning regulations.
[2:07:20] Justin Bukowski, Mayor,
Mayor, if I may, before Justin
[2:07:27] discusses the
ordinance, I'd like
[2:07:30] to provide a brief overview
of the zoning matters that are
[2:07:33] before the Commission today.
[2:07:34] The commission is being asked
to consider three separate
[2:07:37] but related land use
decisions concerning
[2:07:40] digital infrastructure
development
[2:07:42] or potential development.
[2:07:44] Rather, the first ordinance
before you, ordinance 2621,
[2:07:50] is a proposed text Amendment to
the city's zoning regulations
[2:07:54] that would establish a
new digital infrastructure
[2:07:57] overlay district under the
Kansas planning and zoning act.
[2:08:01] The legislature has delegated
authority to adopt and amend
[2:08:05] zoning regulations to
the city's governing
[2:08:08] body, which in our case
is the city commission.
[2:08:11] In developing the proposed
text Amendment, staff reviewed
[2:08:14] the city's existing
land use regulations,
[2:08:17] researched regulatory approaches
adopted by other jurisdictions,
[2:08:22] consulted with utility
providers, developers,
[2:08:25] other stakeholders
and the public,
[2:08:28] and presented those
findings and recommendations
[2:08:31] through the planning
commission process,
[2:08:33] the planning commission
considered whether the city
[2:08:36] should adopt
regulations specifically
[2:08:38] addressing digital
infrastructure development.
[2:08:41] Whether an overlay district is
the appropriate regulatory tool,
[2:08:46] and what standards
and review procedures
[2:08:49] those regulations
should include.
[2:08:51] Following its review
and public hearing,
[2:08:53] the planning
commission unanimously
[2:08:55] recommended approval of the
proposed digital infrastructure
[2:08:59] overlay district text Amendment.
[2:09:01] The Commission's
role on this item
[2:09:04] is to consider
that recommendation
[2:09:06] and determine whether to adopt
the proposed text Amendment
[2:09:10] establishing a
digital infrastructure
[2:09:12] overlay district under the
Kansas planning and zoning act.
[2:09:16] The commission may
approve the planning
[2:09:18] Commission's recommendation by
a simple majority vote override,
[2:09:23] or modify the recommendation
by a 2/3 majority vote.
[2:09:26] Return the proposed Amendment
to the planning commission,
[2:09:29] stating the reasons for
doing so or table the matter
[2:09:33] for later consideration.
[2:09:34] I would also like to note that
a valid zoning protest petition
[2:09:38] has been filed with respect
to the rezoning requests that
[2:09:43] followed this item, including
request to rezone tracks 1
[2:09:46] through 11 and apply
the proposed overlay
[2:09:50] district to those properties.
[2:09:52] But the protest petition does
not apply to the proposed text
[2:09:56] Amendment before you
now, staff will address
[2:09:59] the procedural effects
of that petition
[2:10:02] and the applicable
voting requirements
[2:10:05] when we reach
those agenda items.
[2:10:07] And with that overview, I'll
turn it over to Mr. Gibbons.
[2:10:11] All right.
[2:10:12] Sorry that's OK.
[2:10:14] I don't mind being stolen.
[2:10:16] Good morning or good afternoon.
[2:10:18] Mayor and city
commissioner Justin
[2:10:19] Gibbons, Director of building
and neighborhood development.
[2:10:22] The item before you is a
proposed text Amendment
[2:10:25] to establish Atlas
digital infrastructure
[2:10:27] overlay district or dio.
[2:10:30] At the June 23 and June
30 special meetings,
[2:10:32] the planning commission held
the required public hearing,
[2:10:35] discussed, and ultimately
unanimously approved
[2:10:38] a recommendation for
adoption to the governing
[2:10:40] body to address the proposed
digital infrastructure
[2:10:44] overlay itself.
[2:10:45] We've broken it down
to dio standards
[2:10:47] into four basic sections
studies and plans,
[2:10:51] site design standards,
development agreements,
[2:10:53] and protection of
adjacent property.
[2:10:56] The DA proposal establishes
additional layers
[2:11:00] of review in areas where
industrial development is
[2:11:03] contemplated.
[2:11:04] Under this approach, future
development proposals
[2:11:07] would be reviewed under both
the underlying zoning district
[2:11:11] requirements and the
supplemental requirements
[2:11:13] of the overlay district.
[2:11:15] The proposed text Amendment
would establish a review process
[2:11:18] and development standards
applicable to future digital
[2:11:21] infrastructure projects.
[2:11:23] The ordinance defines
digital infrastructure uses,
[2:11:26] identifies where
they may be located,
[2:11:28] defines the accessory
infrastructure commonly
[2:11:31] associated with those uses,
and establishes operational
[2:11:35] standards for those systems.
[2:11:37] Depending on the nature
and scope of the proposed
[2:11:39] development, applicants
will be required
[2:11:42] to submit a utility
infrastructure plan and utility
[2:11:45] provider documentation.
[2:11:47] Waste and wastewater.
[2:11:49] Water and wastewater
service agreements.
[2:11:51] Backup power generation and
emergency operation plans.
[2:11:54] Emergency response plans.
[2:11:56] Traffic impact studies.
[2:11:58] Acoustical impact studies.
[2:12:00] Environmental studies.
[2:12:01] E-waste or electronic
waste management plan.
[2:12:04] Construction management plan.
[2:12:06] Outdoor lighting plans.
[2:12:07] Landscaping and buffering plans.
[2:12:09] Facility transition plans to
address addressing future reuse
[2:12:12] and decommissioning
and other studies,
[2:12:15] and supporting information
reasonably necessary
[2:12:18] to develop each or to
evaluate each proposal.
[2:12:22] Collectively, these
materials are intended
[2:12:24] to provide technical information
necessary for the city
[2:12:27] to evaluate a proposal
for development.
[2:12:29] Approvals are considered.
[2:12:31] The proposal also
requires development
[2:12:33] agreements for future digital
infrastructure projects.
[2:12:36] The development agreements,
while not commonly used,
[2:12:40] are not specifically
required under existing
[2:12:42] industrial zoning districts.
[2:12:44] This brings that into.
[2:12:45] As a requirement.
[2:12:47] The development agreement
provides a mechanism
[2:12:49] for incorporating project
specific obligations that
[2:12:52] are difficult to address
solely in a zoning
[2:12:54] ordinance, such as
infrastructure improvements,
[2:12:57] operational commitments,
mitigation measures, monitoring
[2:13:00] requirements requirements,
financial assurances,
[2:13:04] and other relevant conditions.
[2:13:06] Finally, the ordinance
establishes enhanced development
[2:13:09] standards and intended
to promote compatibility
[2:13:12] with surrounding properties and
sensitive adjoining uses for the
[2:13:16] purposes of the text Amendment.
[2:13:17] Sensitive adjoining uses include
property where residential uses
[2:13:21] are permitted, as well as
schools, parks, publicly owned
[2:13:24] recreational facilities, medical
facilities, places of worship,
[2:13:28] and cemeteries.
[2:13:29] The compatibility standards
include berming buffering, noise
[2:13:32] limits, outdoor lighting
requirements, screening
[2:13:34] of operational infrastructure,
ongoing maintenance requirements
[2:13:38] intended to reduce potential
impacts on those adjoining uses
[2:13:41] while allowing
flexibility to address
[2:13:44] site specific conditions through
the development review process.
[2:13:48] Digital infrastructure overlays
are only allowed in property
[2:13:53] on property zoned,
heavy industrial, light
[2:13:55] industrial or industrial flex.
[2:13:57] This reflects that digital
infrastructure facilities
[2:14:00] typically involve large
buildings, substantial utility
[2:14:03] infrastructure,
mechanical equipment,
[2:14:05] limited public access, and
operational characteristics that
[2:14:09] are generally more consistent
with industrial development
[2:14:11] than commercial or public uses.
[2:14:15] Within industrial flex
require an additional step,
[2:14:18] requiring a planned unit
development to help increase
[2:14:21] the protections
of the sensitive.
[2:14:22] Adjacent areas.
[2:14:24] Again, these dio
requirements are
[2:14:26] in addition to not in place of.
[2:14:29] The city's existing
development review process.
[2:14:32] Future projects would still be
subject to the applicable site
[2:14:35] plan review.
[2:14:36] Building permits.
[2:14:37] Stormwater management
requirements.
[2:14:39] Utility review.
[2:14:40] Fire and life safety review and
other permitting and regulatory
[2:14:44] requirements that
apply under the city's
[2:14:46] zoning and subdivision
regulations and adopted codes.
[2:14:51] The proposed text Amendment has
evolved throughout the process
[2:14:54] based on input from city staff,
planning commission, property
[2:14:57] owners, developers,
utility providers,
[2:14:59] and members of the public.
[2:15:01] The revisions reflect many
of the questions and concerns
[2:15:03] raised during that
process, including
[2:15:06] expanding the development
review requirements,
[2:15:08] clarifying
operational standards,
[2:15:10] strengthening development
agreement provisions,
[2:15:13] refining compatibility
standards,
[2:15:14] and improving the
overall organization
[2:15:17] and clarity of the ordinance.
[2:15:19] And with that, I will answer
any questions you might have.
[2:15:25] I'd like to make a motion to
approve ordinance number 2621,
[2:15:28] amending the zoning regulations
by adding new sections
[2:15:31] 8.10 establishing a
digital infrastructure
[2:15:35] overlay district second.
[2:15:40] Motion and a second
ordinance 2621.
[2:15:41] Amending the zoning
regulations by adding
[2:15:43] section 8.1 establishing digital
infrastructure overlay district.
[2:15:49] Any other discussion.
[2:15:50] I have some discussion.
[2:15:53] It's more like my
governing body comments,
[2:15:55] but I figured it's prudent now
before after the next three
[2:15:58] votes, how can we come together
and make everyone feel heard.
[2:16:02] I think it's nearly impossible
to make every single person
[2:16:05] heard, but we should try.
[2:16:07] Let's form a group
that meets weekly
[2:16:08] and has real conversations
about the real facts.
[2:16:11] Let's share our non-negotiables.
[2:16:13] It consists of both
sides of the issue,
[2:16:15] as well as some undecided folks
that just want to learn more.
[2:16:18] If we can agree on the
values that matter most,
[2:16:21] then every conversation that
follows becomes more productive.
[2:16:24] Instead of talking
past each other,
[2:16:26] we begin talking
with each other.
[2:16:28] Instead of choosing sides, we
choose a shared foundation.
[2:16:31] If a project cannot meet
our shared foundation,
[2:16:34] we can tell them no.
[2:16:36] Some see opportunity,
others have concerns.
[2:16:38] Most of us probably
see a little of both.
[2:16:41] That's OK.
[2:16:41] Differing opinions do
not have to divide us.
[2:16:44] In fact, they can make
our decisions stronger.
[2:16:47] Let's move those opinions off of
the internet and into real life.
[2:16:50] Let's figure out as a
community the things
[2:16:52] we simply won't compromise on.
[2:16:55] What are our non-negotiables?
[2:16:56] Is it protecting our water.
[2:16:58] Ensuring responsible
use of energy,
[2:17:00] creating good paying local
jobs, significantly cutting
[2:17:03] our local property taxes,
preserving our quality of life,
[2:17:06] maintaining transparency
and accountability,
[2:17:09] making sure our
schools, neighborhoods,
[2:17:10] and future generations
benefit from any project
[2:17:13] that comes to Emporia.
[2:17:15] Is it all of them.
[2:17:16] Is it more.
[2:17:18] Hundreds of people have
emailed or talked to me that
[2:17:21] are opposed to this project.
[2:17:23] Hundreds of people have
emailed or talked to me that
[2:17:27] are in favor of this project.
[2:17:29] We should all be able
to come together.
[2:17:32] Those answers shouldn't belong
to one group or another.
[2:17:34] They should belong to all of us.
[2:17:36] This is our chance
to show that we
[2:17:37] can welcome opportunity
while protecting what
[2:17:39] makes our community special.
[2:17:41] We can be thoughtful
without being fearful.
[2:17:43] Hopeful without being naive and
United even when we disagree.
[2:17:47] Let's make this process
something future generations
[2:17:50] will look back on with pride.
[2:17:51] Not because we all reach the
same conclusion, but because we
[2:17:54] listened, respected one another,
and decided as a community
[2:17:58] what Emporia stands for.
[2:18:00] Thank you.
[2:18:00] 
[2:18:03] I have a comment.
[2:18:04] We received a email with a
letter and some Line changes
[2:18:09] on the dio, and I truly want
you to understand that I least
[2:18:15] I did.
[2:18:15] I read it through, and I don't
feel that it's pertinent today
[2:18:21] to even discuss the
points that are in there
[2:18:24] because I think that's
up to our legal counsel.
[2:18:27] We've had a brief
discussion on this,
[2:18:29] and there's some
comments in there.
[2:18:31] The way it was put forward that
really are not pertinent to what
[2:18:35] we're trying to do.
[2:18:36] We're doing this in
a step by step basis,
[2:18:39] and I'd like to see if
you would like to give
[2:18:41] any more comment about that.
[2:18:44] I would be happy to.
[2:18:45] And just for clarity, are
you referring to the letter
[2:18:49] from the Adam Jones law firm.
[2:18:53] OK city staff and
obviously legal counsel
[2:18:58] did review that letter.
[2:19:00] There were a couple
of different areas
[2:19:02] that the attorney
was addressing,
[2:19:07] and there seemed to be some
discussion about an overlay
[2:19:10] district versus the requirements
in a planned unit development.
[2:19:15] Planned unit development
overlay is a different standard.
[2:19:20] More of requires a lot more
planning, which the attorney.
[2:19:25] Accurately stated in his
letter A PUD is something
[2:19:28] that would be approved or.
[2:19:30] Required under the dio district
for digital infrastructure
[2:19:37] development on
industrial flex property.
[2:19:42] But a pud would not be required
on light industrial or heavy
[2:19:46] industrial base zoned property.
[2:19:49] Rather, that would go
through other planning
[2:19:53] process involving a plat.
[2:19:55] Preliminary plat requires
a public hearing.
[2:19:59] So the attorney, raised concerns
about additional public review.
[2:20:03] Under the overlay district.
[2:20:05] There would be
additional public review,
[2:20:07] either through a pud process or
through the plotting process.
[2:20:11] In addition, as one of the parts
of the development process.
[2:20:17] And then any
developer agreements
[2:20:20] that were reviewed and agreed
to by the governing body.
[2:20:24] So there are additional
steps that require
[2:20:27] public review already in place.
[2:20:30] And in addition
to that matter, he
[2:20:32] listed a number of
additional standards
[2:20:35] that he would suggest
be addressed matters
[2:20:39] such as ingress and egress,
driving driveways and parking,
[2:20:45] talking about open spaces,
streets, other facilities,
[2:20:50] a number of things that are
addressed through other areas
[2:20:53] of our development regulations.
[2:20:56] A lot of those are
addressed in the subdivision
[2:20:58] regulations that are
dependent on the base zoning.
[2:21:01] So all of those requirements
will still be in place.
[2:21:04] The one thing I did note in
the letter that I don't believe
[2:21:07] we addressed address
specifically,
[2:21:10] either in our base
zoning requirements
[2:21:13] or in the overlay proposal
is a heat requirement.
[2:21:18] He suggested requiring
an environmental study
[2:21:20] that addresses specifically
thermal impacts.
[2:21:25] And setting standards that
the developer should meet
[2:21:30] related to thermal impacts.
[2:21:34] And specifically impacts
on adjacent properties.
[2:21:38] That's not specifically
included as a reviewed.
[2:21:42] We are requiring
environmental studies.
[2:21:45] We didn't specify thermal.
[2:21:47] Justin, could you speak to what.
[2:21:51] What that process
might look like
[2:21:53] and whether there may be
some benefit from adding
[2:21:56] an additional requirement.
[2:21:58] Well, so we do and we do.
[2:22:00] We've got the caveat that,
any other additional studies
[2:22:05] that we feel are pertinent
to approve a project.
[2:22:10] And so if that's
something that we
[2:22:11] feel is necessary
moving forward,
[2:22:14] we can require
thermal impact study.
[2:22:16] I am not aware of how thermal
impact study would be done,
[2:22:20] but obviously that
would be something
[2:22:22] that we would research and
require and add to the review
[2:22:25] requirements as we go forward.
[2:22:28] The question was asked
during the planning
[2:22:30] commission meeting, what is
the process to change this.
[2:22:35] And this is like any other
of our zoning regulations.
[2:22:39] It's a living document.
[2:22:40] It can change through the
text Amendment process
[2:22:43] if we see that something
is not working,
[2:22:46] if there are new standards that
come out that we feel we need
[2:22:49] to adopt, if there are
additional regulations that we
[2:22:53] feel we need to adopt and put
into the dio requirements,
[2:22:57] we can do that just through the
normal text Amendment process.
[2:23:01] It does.
[2:23:01] This does not have to be
the end of this document
[2:23:05] or these regulations.
[2:23:07] It is the beginning
and we will continue
[2:23:09] to evaluate and look at
industry standards, best
[2:23:13] practices, things like that.
[2:23:15] We do that with everything.
[2:23:16] We're undergoing a medical
review, medical terminology
[2:23:19] review and use facilities.
[2:23:21] We'll be bringing
back some sign review
[2:23:24] considerations to the planning
commission later this year.
[2:23:26] We see what's going
on in the field
[2:23:29] and what's working with
our zoning regulations.
[2:23:33] What's not working.
[2:23:33] And we bring that forward
to the planning commission
[2:23:36] and then ultimately
the city commission
[2:23:38] for adoption discussion.
[2:23:41] So yeah, I mean, if there are
additional things that come up,
[2:23:44] that we can always tweak this.
[2:23:47] And I think that's the thing
about getting something started
[2:23:51] getting it in the regulations.
[2:23:53] So we have that base area.
[2:23:55] And then as we review projects
or look at projects where things
[2:23:59] change over time, technology
changes over time,
[2:24:03] we can incorporate those things
into our zoning regulations
[2:24:08] and this overlay district.
[2:24:09] So your feeling is that we can
look at basically what you're
[2:24:13] talking about is the
heat island effect that
[2:24:15] could happen out there
and whether that's
[2:24:18] prudent to look at or not.
[2:24:19] We can look at that now if
we want to through the dio.
[2:24:24] Yes but if we want to change
the DO or add language to it,
[2:24:28] we have a process that we
can go through that works,
[2:24:31] that we will do that.
[2:24:32] Correct it's the same process
we the planning commission,
[2:24:35] we present information to
the planning commission.
[2:24:38] Planning commission
holds a public hearing
[2:24:40] provides feedback.
[2:24:42] And then they make
a recommendation
[2:24:44] to the governing body.
[2:24:45] And the governing body acts
on that recommendation.
[2:24:49] It's the same we did.
[2:24:50] We updated the sign regulations
earlier this year on
[2:24:54] or last year on some allowing
signage in the flex use
[2:24:59] because it was kind of limited.
[2:25:01] And we realized that we
pigeonholed ourselves
[2:25:03] a little bit on what
we allow for businesses
[2:25:06] to have flex use versus
residential and flex use.
[2:25:09] So can I just clarify
what I feel like.
[2:25:12] I heard that the letter received
from Attorney was addressed.
[2:25:16] It was reviewed.
[2:25:18] It was discussed.
[2:25:19] Some of that information
was shared with us.
[2:25:21] It's found in other places.
[2:25:23] And then there were also some
citizens that sent suggestions
[2:25:26] or ideas that you responded to.
[2:25:29] And if those were received,
they were also considered.
[2:25:33] And I have spent a lot of time
I spend every time somebody
[2:25:41] sends me a study, I look at it.
[2:25:43] I've read the Harvard
study multiple times.
[2:25:45] I've read the University of
Michigan study multiple times,
[2:25:48] I read the who studies.
[2:25:51] I spent time last
night and early
[2:25:54] this morning going
through documentation
[2:25:57] that was provided to the city.
[2:25:59] 
[2:26:02] I would like to address
it through the development
[2:26:05] agreement.
[2:26:05] But two things
stand out right now
[2:26:07] is the heat island effect
that I think we need to get
[2:26:12] a handle on, just go through.
[2:26:14] We've gone through water.
[2:26:15] We've gone through lighting,
we've gone through wastewater.
[2:26:20] We've gone through stormwater.
[2:26:21] I mean, we've addressed
almost every concern.
[2:26:25] And I keep on looking
for more concerns
[2:26:27] that we haven't addressed.
[2:26:28] I mean, it's like
everything this
[2:26:30] is a very evolving situation and
we're at the forefront of it.
[2:26:36] But it is the heat island and
its EMFs from high voltage
[2:26:40] transmission lines.
[2:26:42] And, my research, I dug
into it EMFs are scary.
[2:26:48] And I will admit
they're scary, but they
[2:26:50] drop off really quickly.
[2:26:51] That magnetic field
is not very big.
[2:26:54] It's measured in Teslas.
[2:26:57] So this was a new term for
me not being a science guy.
[2:27:01] I had to look it
up when I saw it.
[2:27:03] Yeah so what is this.
[2:27:04] It's not.
[2:27:05] It's not number of cars
between you and the.
[2:27:08] But named after Nikolai Tesla.
[2:27:11] So you can either amend the dio
to include heat island and EMF
[2:27:17] studies or that
would be something
[2:27:19] that we could include in
the development agreement
[2:27:21] if we make it that far.
[2:27:23] I'd like to be in the
development agreement,
[2:27:25] because I think each individual
thing that we could look at down
[2:27:29] the road could be different.
[2:27:30] So we need to consider that.
[2:27:32] And as things change, I
mean, I've been very vocal.
[2:27:36] If I see a red flag
that can't be addressed,
[2:27:39] I'm going to let you
guys know and we stop.
[2:27:43] But if there's something that
can be addressed, like this EMF
[2:27:46] stuff went through and
that's really 300 feet,
[2:27:50] it seems like is
where the Tesla's
[2:27:53] drop off to negligible level.
[2:27:55] I'm learning.
[2:27:57] But I think as we develop, I
think even as that development
[2:28:02] agreement comes
months from now, I
[2:28:04] think there will be
new things that pop up
[2:28:06] and hopefully we can address
that in the development
[2:28:08] agreement and then potentially
go back and include those in dio
[2:28:12] as they emerge in science
becomes more concrete.
[2:28:15] Thank you.
[2:28:17] Any other discussion.
[2:28:19] All in favor, say Aye.
[2:28:20] Aye Motion passes.
[2:28:23] Number four.
[2:28:23] Ordinance rezoning properties
for light industrial use.
[2:28:28] Mayor and commissioners, if I
may jump in on this one as well.
[2:28:31] This item concerns
the underlying zoning
[2:28:34] classifications for 11
specific tracts of property.
[2:28:39] The ordinance that
we just considered
[2:28:42] was establishing the digital
infrastructure overlay district.
[2:28:46] This addresses a separate
land use question
[2:28:49] whether these specific
properties should receive
[2:28:52] the requested underlying
industrial zoning classification
[2:28:57] that has been requested.
[2:28:59] Those classifications
would allow a variety
[2:29:01] of industrial uses permitted
within the applicable zoning
[2:29:06] district, as specified
in our zoning use matrix.
[2:29:11] Matrices matrix.
[2:29:12] Matrix matrix.
[2:29:14] I don't know what that
word is, I apologize.
[2:29:18] The plural form.
[2:29:19] The applicant has submitted
a separate application
[2:29:22] to apply the digital
infrastructure overlay
[2:29:24] district to the properties.
[2:29:26] And if the properties
are first rezoned,
[2:29:29] that application
will be considered
[2:29:30] as the next item on the agenda.
[2:29:33] I would also like to note again,
that approval of a rezoning
[2:29:37] does not automatically
approve a development project.
[2:29:41] Future development remains
subject to the city's
[2:29:43] development review
processes, including utility
[2:29:46] and infrastructure review,
building and building
[2:29:49] and construction regulations,
fire code requirements,
[2:29:52] permitting
development agreements
[2:29:54] and all other applicable local,
state, and federal requirements.
[2:29:59] And the city's
subdivision regulations
[2:30:01] do require a public hearing
before the planning commission
[2:30:03] on either a preliminary plat
or a planned unit development
[2:30:08] before development may proceed.
[2:30:12] The planning commission
did conduct the required
[2:30:14] public hearing on the
rezoning request and following
[2:30:17] deliberation, voted
4 to 3 to recommend
[2:30:20] approval of the requested
rezoning of tracks 1 through 11.
[2:30:24] A valid protest
petition has been
[2:30:26] filed with respect to this
rezoning request under KSA.
[2:30:31] 12:07 57 approval
of the planning
[2:30:34] Commission's
recommendation now requires
[2:30:37] an affirmative vote of at
least 3/4 of the members
[2:30:41] of the governing body.
[2:30:42] So for our purposes,
that would be four votes.
[2:30:45] Alternatively, the commission
may modify or override
[2:30:48] the planning Commission's
recommendations by a 2/3 vote,
[2:30:51] also four of five votes return
the application to the planning
[2:30:55] commission, with its reasons for
doing so, or table the matter
[2:30:59] for later consideration.
[2:31:01] And I'll turn it
over to Mr. Gibbons.
[2:31:03] OK Taylor, do you put that up.
[2:31:08] So before you is a request for
rezoning of 11 tracts of land,
[2:31:14] as city attorney said at the
June 23 and June 30 meetings,
[2:31:19] planning commission held
the required public hearings
[2:31:21] and discussions.
[2:31:23] Again, ultimately voting
4 to 3 to recommend
[2:31:25] approval of the rezoning as
presented for each property.
[2:31:28] Eight of the 11 tracks currently
have a Lyon County zoning
[2:31:31] classification, as they maintain
their Lyon County zoning
[2:31:34] classification until
that time, as they
[2:31:37] are rezoned to a
city classification
[2:31:38] under after annexation.
[2:31:40] Track one is
currently Lyon County.
[2:31:42] Agriculture track 2
Lyon County agriculture.
[2:31:45] Track three Lyon County
agriculture, and track 4
[2:31:49] is Lyon County agriculture
tracks 5, 6, and 7 are.
[2:31:53] City of industrial.
[2:31:54] City of Emporia.
[2:31:56] Industrial flex tract 8 and
9 are jointly Lyon County
[2:32:02] ag and commercial track 10 is
Lyon County light industrial
[2:32:06] and then track 11
is Lyon County.
[2:32:08] Agriculture tracks 1 through
10 are proposed to be
[2:32:14] rezoned to light industrial.
[2:32:16] Track 11 would be rezoned
to industrial flex.
[2:32:20] These properties are surrounded
by a mix of uses including
[2:32:23] large estate lots,
homes, pastures,
[2:32:26] farmsteads, commercial,
and industrial uses.
[2:32:29] Light industrial classification
is intended to provide space
[2:32:31] for the manufacturing,
processing
[2:32:33] and fabrication of products
and other compatible uses.
[2:32:37] Generally, some allowed
uses within these districts
[2:32:41] include trade craft operations,
distilleries, low intensity
[2:32:45] manufacturing and processing,
utility maintenance yards,
[2:32:48] warehousing, and
storage of flammable,
[2:32:50] including flammable
and volatile materials.
[2:32:54] Conditional uses
would be required
[2:32:55] for electrical
generation facilities.
[2:32:58] It has been requested
that track 11
[2:33:00] be rezoned to industrial flex.
[2:33:02] Industrial flex supports
commercial retail services,
[2:33:05] office trade and light
industrial type buildings,
[2:33:08] as well as planned employment
centers and planned
[2:33:10] integrated use development along
corridors and city boundaries.
[2:33:13] Again, most of those same
similar uses are allowed
[2:33:17] and again, electrical
generation facilities
[2:33:20] would require special approval
and industrial zoning.
[2:33:24] The industrial flex was
requested to provide
[2:33:27] additional review processes.
[2:33:29] Allow for mix of
uses on track 11
[2:33:31] versus straight light industrial
zoning and other tracks
[2:33:34] based on its location.
[2:33:36] Staff would contend
that the request is
[2:33:37] consistent with the
zoning regulations,
[2:33:40] it is consistent with
the comprehensive plan,
[2:33:45] and the ELC encourages economic
development efforts of the city
[2:33:48] to attract new businesses,
diversify the economy
[2:33:51] and adjust the type of
businesses that are targeted.
[2:33:54] Planning ELC also
encourages new growth
[2:33:57] in areas that are in close
proximity to existing utilities
[2:34:00] and enhanced road network.
[2:34:02] Staff feels that sewer and
water lines of sufficient size
[2:34:05] exist and can be easily
extended to the properties.
[2:34:08] Cdot Lyon County and the city
have made improvements and plans
[2:34:11] for additional improvements
along the US 50 corridor,
[2:34:14] with road f and road 180.
[2:34:17] Rezoning action
is not an approval
[2:34:20] of a particular project.
[2:34:22] There are several
items such as platting
[2:34:24] developers agreement
that's not even true
[2:34:26] require commission approval.
[2:34:28] Not even project.
[2:34:29] 
[2:34:32] This is all about
the data center
[2:34:34] and you need to tell the truth.
[2:34:37] This is just about
the data center.
[2:34:39] I'm going.
[2:34:42] It's all about the data center.
[2:34:44] And you need to tell
the truth and this map
[2:34:48] shows what the proposed
zoning districts would look
[2:34:52] like if approved as presented.
[2:34:57] Are you all set.
[2:34:59] And with that, I would answer
any questions you may have.
[2:35:05] Reiterate doesn't mean
anything's really going there.
[2:35:08] You change something
all the time.
[2:35:11] So if zoning never happens,
then we don't ever need it.
[2:35:14] It can go back to agricultural.
[2:35:16] It can go back to whatever
that property owner wants
[2:35:20] or when they sell it.
[2:35:22] And there's also a process
through the annexation where it
[2:35:26] would return back to the County,
and then it could have to go
[2:35:29] back through County rezoning.
[2:35:31] Obviously if the
existing property
[2:35:33] owner requested to go back.
[2:35:35] So which depending on
probably what, if any impact
[2:35:41] this would have on land values.
[2:35:44] That they may want
to see it revert
[2:35:46] back to agriculture
if no project
[2:35:48] goes in for a length of time.
[2:35:53] So Mr. Givens went
back to County.
[2:35:57] Would it go back in as
whatever it's zoned at now,
[2:36:01] or would the County decide upon.
[2:36:03] So the County, it would
have to be rezoned
[2:36:06] under County regulations.
[2:36:07] So it would continue to have
its city of Emporia zoning
[2:36:12] until the district parcel
type, until it would be rezoned
[2:36:16] under County jurisdiction.
[2:36:18] Since we do not share
joint jurisdiction,
[2:36:23] we have to keep them separate
and they retain their existing
[2:36:27] zoning regulations
or zoning type
[2:36:29] until they are either developed
or anything like rezoned.
[2:36:35] So thank you, Madam Mayor.
[2:36:38] Can I ask the applicant
to come forward and speak.
[2:36:41] 
[2:36:52] Good morning.
[2:36:53] Good morning.
[2:36:54] Good afternoon.
[2:36:55] We've actually moved into
the afternoon at this point.
[2:36:58] My name is Shirley Woodard.
[2:36:59] I'm with the Morris law firm.
[2:37:01] I'm here on behalf
of the applicant.
[2:37:02] And I think you all
know Gary Nordstrom.
[2:37:04] Governmental
assistance services.
[2:37:07] Shirley and I came together
with legal questions
[2:37:10] that we would have
about rezoning
[2:37:12] or a specific questions about
the project directly to me.
[2:37:15] And does anyone have
questions for the applicant.
[2:37:20] 
[2:37:23] Why 1,000 acres.
[2:37:27] I think it's important for
1,000 acres is to allow
[2:37:30] for the future of an end user.
[2:37:34] The business plan
for an end user
[2:37:36] want to grow and have
expansion possibilities.
[2:37:40] And so it would give them
the ultimate sort of leeway
[2:37:45] to plan a business
model into the future
[2:37:48] that we don't quite
have a handle on.
[2:37:51] So does your
expectation expectation
[2:37:53] that you would
develop predominantly
[2:37:57] on the south end of
the tracks first,
[2:38:00] and that it would
just grow from there.
[2:38:02] It's always been
that expectation
[2:38:04] based on utility delivery
that we would begin with.
[2:38:08] The end user would
potentially begin,
[2:38:10] but we can't speak for them.
[2:38:11] But it would begin through
highway 50 to the North
[2:38:14] seems to be the most
reasonable track,
[2:38:16] but that would be decided
upon a development
[2:38:20] agreement that would be signed.
[2:38:22] So would it also be true that
the development would grow based
[2:38:26] on the path to power,
and how soon the power
[2:38:29] could be at the facility to.
[2:38:31] There's no doubt about that.
[2:38:32] It would.
[2:38:33] However, the utilities
would be delivered
[2:38:37] would govern the expansion
potential of campus.
[2:38:41] So essentially, we're looking
at a project that could
[2:38:44] take multiple years to develop.
[2:38:48] That's accurate.
[2:38:49] I think we can
say that for sure.
[2:38:51] This is a multiple
year development.
[2:38:55] Can you reiterate you do
not have an end user yet.
[2:38:58] That's correct.
[2:38:59] We do not.
[2:39:00] You're just getting ready.
[2:39:02] Can you reiterate?
[2:39:03] We do not have NDAs
with your company
[2:39:04] in any way, shape, or form.
[2:39:06] We do not have NDAs with
my company in any way.
[2:39:10] And arkansa park or Kansas
park, there are no any of those.
[2:39:15] I have not put my
name on anything.
[2:39:17] There is no
development agreement,
[2:39:19] not put our name on anything.
[2:39:21] All of that's correct.
[2:39:21] There's no
development agreement.
[2:39:23] NDAs between the governing
body and any company
[2:39:27] that had any interest
whatsoever in this development.
[2:39:30] We are taking a step by step.
[2:39:34] Is it accurate that we would.
[2:39:36] There is little chance
the city would be working
[2:39:38] with Kingston or
related companies,
[2:39:43] and most likely
with an end user.
[2:39:46] When we get to the
development agreement,
[2:39:48] it's absolutely accurate
that the end user
[2:39:51] would be the entity
that would enter
[2:39:54] into a development agreement.
[2:39:55] The end user would be a
digital tech company in the end
[2:39:59] and not any developer.
[2:40:02] Thank you.
[2:40:02] 
[2:40:05] OK Any other questions.
[2:40:10] I'd like to make a motion
to approve ordinance
[2:40:12] 2622, resorting
certain properties
[2:40:15] to light industrial
and industrial flex,
[2:40:18] and amending the official zoning
map to confirm the zoning.
[2:40:21] 
[2:40:25] Ordinance 2622 rezoning
certain properties,
[2:40:28] light industrial
and industrial parks
[2:40:29] and amending the
official zoning map.
[2:40:32] Zoning any other discussion.
[2:40:34] Obviously, I did not.
[2:40:38] 5 euros at the majority.
[2:40:39] OK Number 5 requires
four to 1 since we
[2:40:46] had the protest petition.
[2:40:48] So I'm saying.
[2:40:49] Yeah all right.
[2:40:51] Number five.
[2:40:53] The next item before the
Commission is ordinance 26 23.
[2:40:58] This ordinance does not
change the underlying zoning
[2:41:00] classification on the property.
[2:41:03] Rather, it considers whether
the additional supplemental
[2:41:07] standards, operational
requirements, and review
[2:41:10] procedures established by the
digital infrastructure overlay
[2:41:14] district should apply to
these specific properties
[2:41:19] and any future digital
infrastructure development that
[2:41:22] occurs on those properties.
[2:41:25] The underlying light industrial
and industrial flex zoning
[2:41:28] classifications, which
you have just voted on,
[2:41:31] will remain unchanged
and other uses permitted
[2:41:35] within those districts
will continue
[2:41:37] to be allowed if a
different type of project
[2:41:41] were to come before you.
[2:41:42] I would note that the
dio regulations require
[2:41:46] that property zoned industrial
flex require approval
[2:41:50] of a planned unit development
before digital infrastructure
[2:41:53] development may occur.
[2:41:55] The planning commission
did conduct the required
[2:41:58] public hearing on this
item, and voted 6 to 1
[2:42:01] to recommend
approval of including
[2:42:04] all 11 tracks within the digital
infrastructure overlay district.
[2:42:09] As with the rezoning request,
a valid protest petition
[2:42:12] has been filed with respect
to this application.
[2:42:16] Accordingly, approval
of the planning
[2:42:17] Commission's
recommendation requires
[2:42:20] the affirmative vote of at
least 3/4 of the members
[2:42:23] of the governing body.
[2:42:25] And your other options to
override or modify require a 2/3
[2:42:31] majority vote, and the
commission may also return
[2:42:34] the application to the
planning commission,
[2:42:36] specifying the reasons for
doing so or table the matter
[2:42:39] for future consideration.
[2:42:43] And as has been
stated several times,
[2:42:45] this does not approve
a specific project.
[2:42:51] All other planning
project approval
[2:42:54] requirements remain in place.
[2:42:57] Give it over to Mr. Gibbons.
[2:42:59] She pretty much hit it.
[2:43:00] All right there again.
[2:43:03] Do you want to put
that map up again.
[2:43:05] This is for the 1111 tracts of
land, kind of just hitting back
[2:43:12] again on the dio requirements
of utility infrastructure
[2:43:16] plan, waste water, water
service agreements, generation
[2:43:20] agreements, emergency response
plans, traffic impact studies.
[2:43:25] All of those things that we
just discussed on the dio
[2:43:29] would be applicable here or the
specific project obligations
[2:43:35] such as infrastructure
improvements,
[2:43:37] operational commitments,
mitigation measures, monitoring
[2:43:40] requirements, financial
assurances and other conditions,
[2:43:44] and track 11 as
it was the request
[2:43:47] to rezone as industrial flex.
[2:43:49] It would have the additional
levels of approval required,
[2:43:52] so being subject to pud
process, which requires
[2:43:56] additional review
from the planning
[2:43:58] commission and city commission.
[2:44:00] This is again as
similar as a rezoning.
[2:44:04] As the city attorney
has stated, staff
[2:44:07] feels it is consistent
with the zoning
[2:44:09] regulations consistent with
the comprehensive plan.
[2:44:12] This also does provide an
additional level of protection
[2:44:16] for neighboring uses and
again, not an approval
[2:44:21] of a particular project.
[2:44:23] Additional steps that will be
brought before the planning
[2:44:26] commission and governing
body for approval
[2:44:28] before a potential project could
be developed on this property.
[2:44:33] With that, I would answer
any questions you may have.
[2:44:36] 
[2:44:39] Thank you.
[2:44:41] The digital overlay.
[2:44:44] Anyway, that covers
all industrial.
[2:44:49] Not yet.
[2:44:50] Yes it would.
[2:44:52] So it isn't covering
all industrial
[2:44:55] in the city of Emporia.
[2:44:56] If some other
industrial only these.
[2:44:59] It applies only to
these 11 tracks.
[2:45:02] If a let's say I mean and I'm
going to take a little corner,
[2:45:09] you could put it over there.
[2:45:11] And they would have
to apply for inclusion
[2:45:15] into a digital infrastructure
overlay district.
[2:45:18] This is basically applies to all
digital infrastructure projects.
[2:45:23] Well creation the creation.
[2:45:26] And if I could say it
another way in order
[2:45:30] to request being included
in the overlay district,
[2:45:33] a property has to have
underlying base zoning of
[2:45:37] an industrial classification.
[2:45:40] So flex industrial and
low or high industrial.
[2:45:45] Those are criteria that
establish eligibility
[2:45:49] to be included in
the overlay district,
[2:45:52] but that it includes
an application
[2:45:54] to be included in the district.
[2:45:57] For digital infrastructure
development on top of it.
[2:46:01] So somebody could not just come
in on other industrial property
[2:46:05] and ask for it would
have to go through
[2:46:08] the they'd have to go
through this process
[2:46:10] planning commission.
[2:46:10] And I just wanted to confirm
previous though others
[2:46:16] probably could open up.
[2:46:18] It probably could have.
[2:46:19] Yeah depending on
infrastructure needs.
[2:46:22] And that was one of the
big reasons driving factors
[2:46:27] behind the dio
text Amendment was
[2:46:29] to be able to protect not just
these proposed properties,
[2:46:33] but the city in general.
[2:46:35] We would have had very difficult
time trying to if we would have
[2:46:40] rejected a proposed
development in a light,
[2:46:43] heavy industrial area without
additional regulations
[2:46:48] on top of it.
[2:46:49] And so, that was kind of one
of the prefaces for creating
[2:46:53] the digital infrastructure
overlay text Amendment,
[2:46:56] and then being able
to apply the dio
[2:46:58] to specific properties
in the future, not
[2:47:01] just these 11 tracks.
[2:47:03] But you do have to apply to.
[2:47:06] It's similar to rezoning.
[2:47:08] You have to go before
the planning commission.
[2:47:10] Planning commission has to
conduct a public hearing.
[2:47:12] We have to review the
project or proposal
[2:47:15] and bring something
before the planning
[2:47:18] commission or city commission.
[2:47:19] Thank you for
clarifying that for me.
[2:47:21] 
[2:47:24] Can I ask a developer
to come up here.
[2:47:27] Sure and legal counsel.
[2:47:32] And legal counsel.
[2:47:34] Let's go ahead and
leave that on there.
[2:47:36] 
[2:47:39] I just want to clear
up something that's
[2:47:41] been on the internet and make
sure we're all on the same page
[2:47:44] with this discussion.
[2:47:46] You guys understand
you guys do not have
[2:47:47] a green light to build today.
[2:47:49] You guys, before anything
would happen have to come back
[2:47:52] with a development agreement.
[2:47:53] Is everybody clear on that.
[2:47:54] We absolutely understand that.
[2:47:56] And are you guys willing to look
at EMFs and heat islands as part
[2:48:00] of this process as well.
[2:48:01] I think that's going to be
customary in the future.
[2:48:03] OK yes.
[2:48:05] Garrett yes.
[2:48:05] Of course.
[2:48:06] Thank you.
[2:48:08] Yes OK.
[2:48:11] Any other questions.
[2:48:14] OK next motion.
[2:48:16] Make a motion.
[2:48:17] I'll make the motion to approve
ordinance 2623, including
[2:48:20] certain properties
within the city
[2:48:22] of Emporia, Kansas in the
digital infrastructure
[2:48:26] overlay district.
[2:48:27] And amending the official zoning
map to conform with said zoning.
[2:48:30] I second that motion.
[2:48:33] Second ordinance 2623, including
certain properties in the city
[2:48:35] of Emporia, Kansas, in the
digital infrastructure overlay
[2:48:38] district and amending the
official zoning map to confirm
[2:48:40] said zoning.
[2:48:41] Any other discussion.
[2:48:43] All in favor, say Aye.
[2:48:44] Aye Motion passes 5 0.
[2:48:46] All right.
[2:48:47] We're going to roll.
[2:48:49] Let's go for five minutes.
[2:48:52] Oh sorry.
[2:48:53] Communications
sorry, Madam Mayor.
[2:48:56] Two items on communications,
financials and permits,
[2:48:58] and the June budget.
[2:48:59] We'll talk a little bit more
about budget here in a minute.
[2:49:02] So I'll stand for any questions.
[2:49:05] All right.
[2:49:07] Agenda three items
on consent agenda.
[2:49:09] Commission meeting
minutes from June 1.
[2:49:11] Application to the
Federal Home Loan Bank
[2:49:13] for topeka's affordable
housing program.
[2:49:15] And a request from CDOT to run
fiber along the prairie Street
[2:49:18] Bridge at I-35.
[2:49:19] I have a motion to
accept consent agenda.
[2:49:21] So moved.
[2:49:22] Second Motion and second.
[2:49:24] For consent.
[2:49:25] Agenda any other discussion.
[2:49:27] All in favor, say Aye.
[2:49:28] Aye informational items.
[2:49:31] August 5 is our next meeting.
[2:49:35] Good morning.
[2:49:36] During the budget.
[2:49:37] Budget and we will probably
have the discussion.
[2:49:39] Citizens petition.
[2:49:41] OK I will be remote.
[2:49:43] OK governing body comments.
[2:49:47] 
[2:49:50] I would like to just
say, oh, I'm sorry.
[2:49:52] Kurt goes first.
[2:49:56] Oh, yeah.
[2:49:56] Sorry that was me.
[2:49:57] How bad that was to me.
[2:50:00] Can I go first.
[2:50:01] Yeah do you want to go first.
[2:50:04] One governing body
was on you, right.
[2:50:06] OK I was just going to say that
I would like people who said
[2:50:11] that they have not felt heard.
[2:50:13] I would like to say that I
know the planning and zoning
[2:50:15] commission listened for hours.
[2:50:17] I would like to say
that we have listened
[2:50:20] to multiple public comments.
[2:50:22] For hours.
[2:50:23] I've responded to emails.
[2:50:24] I've read emails.
[2:50:25] I've read studies.
[2:50:27] I've tried to
engage with people.
[2:50:31] We have listened.
[2:50:33] That's what I'd like to say.
[2:50:34] I'm sorry if the
decisions made were not
[2:50:37] what you wanted or were
asking for, but we did listen.
[2:50:42] 
[2:50:45] First I will concur
with you on that,
[2:50:49] and I hope the community
will give us the time to work
[2:50:55] on this with the end user.
[2:50:58] If one comes forward and
create the best infrastructure
[2:51:05] model that we can.
[2:51:06] 
[2:51:09] I know it's been a long haul.
[2:51:14] I am.
[2:51:17] Optimistic that we can
community all come together.
[2:51:20] I am not for or against.
[2:51:23] I may for going through the
process to make sure Emporia
[2:51:27] has the best they can get.
[2:51:29] All I got is that there
is a disk golf tournament
[2:51:32] this weekend with all the pros.
[2:51:33] So the number one player, one
player in the world, the highest
[2:51:37] ranked disk golfer of all time.
[2:51:40] Really 1920-year-old Dannenberg.
[2:51:42] Yeah 21.
[2:51:44] 21 and it's not me
and it's not you.
[2:51:48] Well there's that.
[2:51:49] Anyway, go ahead.
[2:51:50] There's a lot of big
feelings in this.
[2:51:54] I don't think anyone has
been left out of that.
[2:51:59] We are human like
everybody else.
[2:52:01] That has concerns.
[2:52:04] But feelings are not facts.
[2:52:07] We are looking for facts.
[2:52:09] That is what we
are supposed to do.
[2:52:11] That is what we are doing.
[2:52:13] We will continue to do that.
[2:52:15] 
[2:52:18] Is that yours.
[2:52:19] Yeah, I'll just emphasize
that I plan on getting folks
[2:52:23] from both sides of the
aisle together and sharing
[2:52:25] actual facts and helping
the community feel
[2:52:28] like they're heard on what
are our non-negotiables
[2:52:30] as a community.
[2:52:31] I love that idea of
everybody getting together.
[2:52:34] So you had a chance
because we want
[2:52:37] what's best for this community.
[2:52:41] All right.
[2:52:41] We are going to recess,
probably 45 minutes.
[2:52:46] I'll make a motion to recess
for right away, though.
[2:52:50] Yeah OK.
[2:52:52] 43 minutes to 2:30 and resume
upstairs in the conference
[2:52:59] room at 2:30 PM.
[2:53:02] Second All in favor, say Aye.
[2:53:05] Aye Motion passes.
[2:53:06] 
[3:35:26] We take a five minute recess.
[3:35:28] Second All in favor.
[3:35:30] All those in favor.
[3:35:31] Aye OK.
[3:35:34] Motion passes.
[3:35:35] Great job.
[3:35:36] 
[3:40:14] Order and we are
now into the budget
[3:40:18] discussion with the Janet show.
[3:40:20] You want to talk.
[3:40:21] Do you want me to.
[3:40:22] Yeah we just wanted
to go over line item
[3:40:24] by department, or at least
by category by department.
[3:40:26] So you guys can see those.
[3:40:28] I would say on general
fund, we're at one point
[3:40:32] ending balance of 1.3 million.
[3:40:34] We won't be anywhere near that.
[3:40:36] But we've kind of determined
that 1.6 is a safe level.
[3:40:39] That's what we
presented last year.
[3:40:40] That's what we
are hopeful to get
[3:40:42] back to at this point in time.
[3:40:43] But let's go over how
Janet run through.
[3:40:46] OK Taylor very graciously
has put together
[3:40:50] this wonderful PowerPoint.
[3:40:51] I give her all the credit.
[3:40:55] So we'll just go
department by department.
[3:40:58] What she's done here
on the first screen
[3:41:00] is picked out the
largest two categories.
[3:41:04] And you will see personnel on
every single department as one
[3:41:08] of the largest categories.
[3:41:11] This is the commissioner
manager clerk.
[3:41:14] So this would is
basically the people
[3:41:19] upstairs in the city
manager's office
[3:41:22] and what their expenses are.
[3:41:25] As you can see, the majority
of it is in personnel.
[3:41:30] And then other charges is
the other big category.
[3:41:33] And you will note
the drop there.
[3:41:36] 25 was when we had both the
deputy and assistant position.
[3:41:40] We only had the
assistant position
[3:41:43] through June of this year.
[3:41:45] Can we take a picture
of that looked better.
[3:41:47] He made our numbers look
better without them.
[3:41:49] Better without better.
[3:41:51] At least on a budget standpoint.
[3:41:52] Yeah So we'll just
flip through these.
[3:41:57] And if you have questions,
just let me know.
[3:41:59] The next one is your
internal services.
[3:42:02] So accounting HR
it communications.
[3:42:06] Again salaries is the
largest one with commodities.
[3:42:12] And a lot of the commodities
is your insurance
[3:42:16] those type of things.
[3:42:19] Are we going to talk
about insurance later.
[3:42:22] Policies for when do we do that.
[3:42:24] When we have to reevaluate
what we pay or not
[3:42:27] pay for health insurance.
[3:42:29] Yeah typically we have that
conversation in September.
[3:42:32] OK we'll just let you guys
know where we are with that.
[3:42:35] And we are running what
they say 17% is what
[3:42:39] they're saying 17 increase.
[3:42:41] Yes so we're watching that.
[3:42:42] Hopefully that drops
a little bit more.
[3:42:45] And we can.
[3:42:46] Yeah and our budget
includes a 10%
[3:42:48] increase for health insurance.
[3:42:51] And point this out because
our health we are self-funded.
[3:42:55] We do have a rather
large reserve.
[3:42:58] Still today, yes.
[3:43:00] We can fund it at 10%
And then if we run under,
[3:43:03] which hopefully we
do, if we run over,
[3:43:06] then we'll have to adjust in 28.
[3:43:07] But if we run under
we're probably
[3:43:09] OK at 10% Yeah OK the next
one is the police department
[3:43:15] again personnel
the transfers out
[3:43:17] I'll tell you that is
for the leased vehicles
[3:43:20] that we're transferring to
the equipment reserve fund.
[3:43:24] That's their other big, I
should say big expenditure more.
[3:43:29] 
[3:43:33] And for the majority
of the categories
[3:43:37] they are decreasing or.
[3:43:40] Sorry yeah.
[3:43:42] Yeah no increasing couple
or ignore that comment.
[3:43:48] Transfers is the only
one decreasing OK.
[3:43:51] Fire department.
[3:43:52] 
[3:43:55] Same story with all of
those personal growth.
[3:44:00] Yeah, we do have some
additional what is
[3:44:03] it under contractual service.
[3:44:05] Contractual services.
[3:44:07] Now that we do have
separate building
[3:44:08] we have insurance costs
on the new building
[3:44:12] and we have utility.
[3:44:14] Before that was all just
one cost for this building.
[3:44:17] So now they have their
own utility cost.
[3:44:19] Yeah they did have
for fire station 2,
[3:44:21] but now they have two
stations and transfers
[3:44:24] out just for the random ones.
[3:44:27] The transfers out.
[3:44:28] That would be the leased
vehicles that they have.
[3:44:33] Those payments cannot be
made within general fund.
[3:44:35] They're moved to equipment
reserve for that payment
[3:44:40] to be made.
[3:44:40] And that's why if you go police
departments, the largest,
[3:44:42] they have the largest,
most of the vehicles, most
[3:44:46] of the vehicles in
the general fund.
[3:44:48] Correct yeah.
[3:44:51] Court same scenario.
[3:44:57] A lot of the other
charges is bad debt,
[3:45:01] which is also part of the other
charges in the fire department.
[3:45:05] So those accounts that are
not being paid that we have
[3:45:08] to write off after two years.
[3:45:10] Are we adding a staff member.
[3:45:12] Their personnel went up or.
[3:45:16] Their shorter person right now.
[3:45:18] Oh, and so if that person
comes back in then yeah.
[3:45:22] But we have not
added we don't have
[3:45:24] we're not adding any additional
personnel in this budget
[3:45:26] next year.
[3:45:28] No, no.
[3:45:29] That's already a spot
that's just open.
[3:45:30] Yeah so we have one clerk
that's gone right now.
[3:45:33] 
[3:45:36] OK yeah.
[3:45:39] Engineering the transfers
out back in 2025.
[3:45:48] All of the work that
engineering department
[3:45:51] did for other projects.
[3:45:53] A lot of the streets,
water lines, things
[3:45:56] like that, we were
transferring their personnel
[3:45:59] costs to those projects.
[3:46:01] We're not able to do that
because most of the projects
[3:46:04] are state funded and they
do not allow that charge,
[3:46:08] so their personnel expenses
are staying within their funds.
[3:46:10] So that's why transfers
was so high in 25
[3:46:13] and has declined the
following two years.
[3:46:17] 
[3:46:21] Golf course and golf
shop kind of same story.
[3:46:25] Your commodities is all of your
chemicals on the golf course
[3:46:30] itself and then utilities
of watering when they
[3:46:35] have to for the golf course.
[3:46:38] What is capital right
now Goff course has.
[3:46:43] 
[3:46:46] No, that would be a bond issue.
[3:46:49] They have a sprayer that
they're wanting in 27.
[3:46:54] That's $90,000.
[3:47:02] OK parks and the aquatic center.
[3:47:05] 
[3:47:08] Personnel is declined
a little bit since 26.
[3:47:14] Utilities continue
going up again.
[3:47:17] Water is the biggest
one on that one.
[3:47:20] And did we give them an extra
in their contract this year
[3:47:25] or did we say leave
it the same as 2 years
[3:47:27] ago for the aquatic center.
[3:47:29] There was that increase if they
stay open those extra weekends.
[3:47:32] Oh that's right.
[3:47:33] It may or may not be.
[3:47:34] Yeah if they don't stay open.
[3:47:35] Kevin, we haven't heard anything
about that at this point.
[3:47:38] No not heard or anything.
[3:47:42] And then the zoo.
[3:47:45] Personnel and commodities.
[3:47:46] You got to feed those animals.
[3:47:48] So that's why
commodities is higher.
[3:47:51] And again the water for those.
[3:47:56] And they don't have any capital
this year out of general fund.
[3:47:59] 
[3:48:03] So yeah.
[3:48:05] And then the Civic Auditorium
that is for this building, as
[3:48:09] well as the maintenance contract
for the library, the concessions
[3:48:12] here.
[3:48:13] And then there's also
a division for mowing.
[3:48:17] That's not park related.
[3:48:19] That's all under the Civic
Auditorium department.
[3:48:24] And I will say all
of the expenses
[3:48:28] for this building hit the
Civic Auditorium department.
[3:48:31] We don't break out the water
or the electricity or anything
[3:48:34] like that.
[3:48:35] I turn the lights
off in the bathroom.
[3:48:37] All of that is paid
in this department.
[3:48:43] We could reduce mowing if
we get some goats or ducks.
[3:48:49] We should have ducks.
[3:48:50] And then the building and
neighborhood development.
[3:48:52] 
[3:48:55] Again, personnel costs in there.
[3:48:58] The transfers are
your enterprise
[3:49:02] vehicles that are going out.
[3:49:04] And so pretty straightforward
Municipal Airport.
[3:49:15] The commodities
is where the fuel
[3:49:17] lays at in there is a profit
between the amount of fuel
[3:49:24] that we are buying versus
what we're selling.
[3:49:26] 
[3:49:29] Have they started, Trey, on
putting that new pump in.
[3:49:33] The new gas pump that doesn't
look like it's from 1940.
[3:49:36] Yeah that was signed.
[3:49:38] I know that part
of that project,
[3:49:40] the bid came in
higher and Brian and
[3:49:42] they've been working on that.
[3:49:43] But the gas pump project
has been greenlighted.
[3:49:46] It's that second
part of it, which
[3:49:48] is the apron extension, that
bid came in about half a million
[3:49:51] higher than.
[3:49:52] So we're just
waiting for somebody
[3:49:53] to put in the new gas pump.
[3:49:54] Yes, that part's been approved.
[3:49:56] It's the second part, the apron
that we need to figure out.
[3:50:02] And then the last slide is a
quick summary of all the CIP
[3:50:08] that is in general fund.
[3:50:12] So this year or 27,
it's 475,000 versus
[3:50:18] this year it's about 312,000.
[3:50:23] So a little bit higher
on our capital items.
[3:50:28] Mostly because of
the park mowers.
[3:50:31] 
[3:50:35] So questions as Trey
indicated we're continuing
[3:50:39] to look through the budget.
[3:50:42] See what adjustments
and tweaks we can make.
[3:50:47] Hoping to end the year with
a budgeted balance of 1.6.
[3:50:53] This budget here is
presented is at 1.3.
[3:50:57] That is.
[3:50:59] And we did not talk
about the revenue side,
[3:51:01] but revenue is flat with
our Mills from last year
[3:51:09] or for this year.
[3:51:10] 
[3:51:14] And we'll look at that
a little closer to.
[3:51:15] Yeah questions direction.
[3:51:20] So Trey, you talk a
little bit about personnel
[3:51:22] when we first started.
[3:51:24] And then the fact
that you're watching
[3:51:28] that real close to
making sure what you
[3:51:30] hire for and what you don't.
[3:51:32] Can you explain the areas
that are a must hire.
[3:51:35] I mean, obviously
public safety is first
[3:51:37] and foremost, we
have an engineering
[3:51:41] position open right now.
[3:51:43] Unless somebody really
outstanding comes our way,
[3:51:46] I'm going to hold that.
[3:51:47] Especially as we start to
go into the quieter time.
[3:51:50] That may be something.
[3:51:51] I haven't had this
conversation with Jim,
[3:51:53] but as we get into January,
maybe take a look at that
[3:51:58] right now.
[3:51:58] But the bad thing,
all these positions.
[3:52:01] And I'll use engineering
as an example.
[3:52:04] If we have a project.
[3:52:06] And if we have a
certified inspector,
[3:52:08] it is a whole lot
cheaper for us to have
[3:52:11] our own certified inspector
than hiring typically
[3:52:15] BG to be the Inspector.
[3:52:17] So there's cost savings.
[3:52:18] Now, if we don't have
a project coming up,
[3:52:20] or if we have somebody
who's going to take two
[3:52:22] years because the
guy that we had,
[3:52:24] I think he started
one day before I did,
[3:52:26] he was here for four years.
[3:52:28] He was an excellent inspector,
and he went back to Wyoming.
[3:52:31] But then they brought
in somebody to train.
[3:52:33] And not that he
wasn't a good person.
[3:52:36] It just was not a
good fit for him.
[3:52:38] Pam so.
[3:52:39] But he was not somebody
that we could send out
[3:52:41] and say on day one, go do it.
[3:52:43] So that's something
we have to manage.
[3:52:46] I know we have a court clerk
position open right now,
[3:52:50] I think have a little bit of
a conversation about that.
[3:52:53] But we just look at
them as one offs.
[3:52:56] Obviously debtor's position
is another one that we.
[3:53:01] Well not debtor's
position, but we for now
[3:53:05] we went ahead and stepped back
from having that position today.
[3:53:09] So I mean I think
we just have to look
[3:53:11] at it on debtor's position.
[3:53:12] We didn't feel
Taylor's correct OK.
[3:53:16] Thank you.
[3:53:18] What if whether she
likes it or not.
[3:53:22] Yes the former Taylor
position is we left that open.
[3:53:28] So, we continue to look
at all of those on a case
[3:53:31] by case basis.
[3:53:34] OK looks good.
[3:53:37] Are you feeling better.
[3:53:39] Feeling a little better.
[3:53:40] I think we need to tease
some stuff out a little bit.
[3:53:42] Yeah, I fire department still.
[3:53:45] I mean, if you go back to
fire department, probably.
[3:53:48] They were understaffed
for years.
[3:53:50] They are.
[3:53:50] I mean, you're still seeing
pretty good personnel jumps.
[3:53:53] I need to tease that
out a little bit.
[3:53:55] But the fire department
when you and right here
[3:54:00] it's combined EMS and fire.
[3:54:02] Typically we presented
as two separate budgets.
[3:54:04] But it's our biggest department
of course it's biggest general
[3:54:08] funded department.
[3:54:10] I think 53 is what they
have and 53 firefighters.
[3:54:15] But it's like insurance.
[3:54:17] You pray you don't ever need it.
[3:54:18] Oh yeah.
[3:54:19] But if we can have
them when you're we've
[3:54:20] had a couple days
through the summer
[3:54:23] that it's been between
those pressing for them.
[3:54:26] Yes it is a little
bit less personnel.
[3:54:29] So we have guys are authorized
43 red light I believe it is 44
[3:54:35] now 44 with the SRO position.
[3:54:37] That school district
is reimbursing this
[3:54:39] for three quarters of that.
[3:54:40] But so 44 plus we
have 3 and that.
[3:54:46] And that's what we call sworn.
[3:54:48] Even though firefighters
aren't sworn,
[3:54:49] we sometimes still
call them sworn.
[3:54:51] But, firefighters versus admins.
[3:54:53] So right.
[3:54:55] Fire department has three admin.
[3:54:57] So takes them to 56 PD
has you count you have
[3:55:04] four admin five admin
with Brittany and PD
[3:55:09] because they have to do
all the records as part
[3:55:11] of that it takes up to 4949.
[3:55:15] Yeah so and that's another
place that we have.
[3:55:20] When the police chief's
administrative assistant left
[3:55:25] last year, we moved a
records clerk in there,
[3:55:29] and she's kind of been
half time doing both jobs.
[3:55:33] Said she could do a
little bit of overtime,
[3:55:35] but that's been cheaper
than filling that position.
[3:55:38] So we continue to
look for opportunities
[3:55:41] as we have openings.
[3:55:43] And some of it is capability.
[3:55:46] I had a very capable
person that we could
[3:55:48] move up to the deputy position.
[3:55:51] And I feel like with Taylor that
we're good running right now.
[3:55:55] And of course, bringing Brian
in for public works director.
[3:55:59] I mean, there's just we
have so you have to look
[3:56:01] at it always old debate.
[3:56:03] Do you build an organization
around personnel
[3:56:05] or do you build it
around functions.
[3:56:07] I think it's a little bit of
both, because when you have
[3:56:09] people who are capable can
sometimes run with a little bit
[3:56:14] less a little later.
[3:56:15] 
[3:56:20] I think we're good.
[3:56:21] Thank you.
[3:56:21] OK thank you Janet.
[3:56:22] We'll be looking
at utility funds.
[3:56:24] Yes and we'll probably
talk a little property tax.
[3:56:28] We'll look at this a little
more on the fifth and then talk
[3:56:33] about utility funds.
[3:56:34] But water runs.
[3:56:37] Mac is looking at
some numbers for us
[3:56:39] on that solid waste and waste.
[3:56:41] So all three of those,
we're looking at numbers.
[3:56:43] So it may be one of those that
and we're trying to get those
[3:56:46] all to come back together and
have that big conversation
[3:56:51] because we're aware that you
can say water is one thing,
[3:56:54] wastewater is another.
[3:56:55] And trash people only
look at their total bill.
[3:56:58] Yeah so yeah that is true.
[3:57:02] All right.
[3:57:03] They don't know what
the water I mean right.
[3:57:05] We need an executive session.
[3:57:08] How long do you want.
[3:57:09] 30 30.
[3:57:11] Start with 30.
[3:57:12] Are we going downstairs
or do you want to.
[3:57:14] Yeah downstairs is
just easier with Aaron.
[3:57:16] Can you make the stairs.
[3:57:17] Oh, yeah.
[3:57:19] Move oh.
[3:57:20] Go ahead.
[3:57:20] No, you go for it.
[3:57:21] I move, we adjourn to executive
session provided KSA 75 4319b2
[3:57:29] to protect privileged
communication and the attorney
[3:57:31] client relationship.
[3:57:33] The opening meeting will resume.
[3:57:36] We sit downstairs.
[3:57:38] Yeah We'll go back
into downstairs.
[3:57:40] Downstairs at Aaron.
[3:57:43] Who did the math.
[3:57:44] Well how long.
[3:57:45] 30 I didn't say 30.
[3:57:47] The math man 322.
[3:57:49] You agree with that.
[3:57:50] 322 Kerry.
[3:57:52] Yes, and we're not
expecting any action.
[3:57:54] Oh OK.
[3:57:57] 
[4:28:14] We return from executive session
with no action to be taken.
[4:28:17] I'll make a motion to
recess into executive
[4:28:21] session until 3:35 PM.
[4:28:26] Second all those in
favor, please say Aye.
[4:28:29] Aye Motion carries.
[4:28:30] 
[4:39:34] It'll actually be taking
a motion to adjourn.
[4:39:36] So moved.
[4:39:37] So moved.
[4:39:37] Second all verify.
[4:39:39] Aye Aye.
[4:39:41]