City Council Meeting

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Agenda

Agenda: https://festusmo.api.civicclerk.com/v1/Meetings/GetMeetingFile(fileId=490,plainText=false)

Full agenda packet (agenda plus every staff report and attachment): https://festusmo.api.civicclerk.com/v1/Meetings/GetMeetingFile(fileId=492,plainText=false)

[1:31] Approval of Consent Agenda
[2:09] Remarks of Visitors
[1:07:09] Ordinances and Resolutions
[1:07:21] Bill No. 4893 - An ordinance of the City Council of the City of Festus, Missouri, amending the 2025-2026 Fiscal Year Budget; and establishing an effective date.
[1:13:39] Bill No. 4894 - An ordinance of the City Council of the City of Festus, Missouri, annexing to the City certain tracts of real estate located at: 1765 US Highway 67, Festus, Missouri 63028; 1775 US Highway 67, Festus, Missouri 63028; and 1779 US Highway 67, Festus, Missouri 63028, with the Jefferson County Parcel Identification Numbers 18601300002023, 18601300002024, & 18601300002025, respectively; determining that said annexation is contiguous and compact to the existing city limits, and will redound to the benefit of the City of Festus; specifying the new boundary lines to which the city limits are extended by the reason of said annexation; and establishing an effective.
[1:19:39] New Business
[1:20:03] Temporary Liquor License Requests for Taytro's:Twin City Days, Sept. 12, 2026 at Crites ParkOzark Food Pantry Car Show, Sept. 26, 2026 at Crites Park
[1:21:17] Downtown Festival Request for Thomure's Performance Grand Opening on October 24, 2026
[1:24:45] Temporary Liquor License Requests for Tanglefoot Dance Hall: Streetfest on October 10, 2026 Ladies Night on November 7, 2026
[1:26:10] Mayor and City Council Reports
[1:36:28] Closed Session
[3:00:37] Adjourn

Transcript

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[0:02] I'd like to call this meeting of the Festus City Council to order
[0:10] Roll call, please.
[0:12] Councilman Boyer. Here. Councilman Dennis. Here. Councilman Cook. Here. Councilman Weakley. Here. Councilman McCarthy. Here. Councilman Moore? Here. Councilman Belleville? Here. Mayor Richards. Here. We do have a quorum
[0:28] Pledge of Allegiance.
[0:33] I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all
[0:48] Yes.
[0:51] Thank you.
[0:54] I will entertain a motion to approve the consent agenda. Tonight's bills total 375,211.07. So moved. Motion's been made and seconded roll call, please
[1:12] Councilman Cook. Yes, Councilman Boyer. Yes, Councilman Weekly. Councilman Dennis. Councilman Belleville.
[1:20] Yes. Councilman McCarthy. Yes. Councilman Moore? Yes
[1:24] Motion passes. Correspondence
[1:28] We have
[1:31] That's this forward webinar August 25th, 2026 from 6 to 7 p.m.
[1:47] These are to remark. Is your time to address the council regarding manners germane to the city of Festus.
[1:57] You will be called up in the order you request to speak form has been received.
[2:03] Remarks are to be addressed to the mayor or presiding officer of the meeting. Rather than to individual council members or staff members.
[2:13] Please be respectful and observe the city council's rules of decorum.
[2:19] Chief Wendell, in his role of
[2:23] As sergeant in arms will be responsible for ensuring adherence to the rules of decorum.
[2:32] Disruptive or disorderly remarks from the audience will not be permitted.
[2:38] Anyone who violates the rules of decorum will be given a warning if the conduct continues, the sergeant at arms will
[2:48] direct the individual to leave the meeting. We appreciate everyone's cooperation in maintaining an orderly and respectful meeting.
[2:59] Remarks of visitors. First, Mary Finks.
[3:12] Sorry for the disruption. My pump
[3:16] Good evening, Mary Fakes. We have heard of the Nigerian Prince scam where someone pretending to be a wealthy royal promises a large reward for a small upfront fee and then takes the money and runs. Unfortunately, that Nigerian prince scam has been perpetrated upon Festus through the lack of accountability of those in oversight positions failing to dissave a disgraced elderly former Marine from himself.
[3:40] How did the Festus Nigerian prince scam actually happen? Well, each data center promised to weak city officials may vary. There's a common element. First, unsolicited contact from a data center developer claiming to be a savior for a community with riches beyond their wildest imagination for government officials and maybe the city coffers
[4:00] There's an urgent request for help. For example, I have billions in a bank account, but I can't use it without your help. So make sure you don't tell the uneducated public because that may ruin the deal of a century for the Nigerian prince and the government official, of course.
[4:15] There's promise of a large reward, often a lifetime partnership or things like a public rec center, a firehouse adjacent to the data center property, of course, money for schools, new vehicles, vacation, homes, silver, gold, flat out care. Oh, wait, none of those things are disclosed in these official signed agreements
[4:32] Requests for money or bank details to cover for expenses, or in the case of Festus is a signed document promising that Nigerian prints 90% tax abatements, water without limits, citizens pay for electrical upgrades to feed the needs of the data center. The Nigerian Prince writes all the rules before the citizens find out there's a prince moving into the neighborhood, and the Festus City Council negotiates a few buyouts and the radius of the buyouts for private citizens
[4:58] Without their knowledge or consent. There's threats or pressure implying you must act quickly or risk losing the opportunity. Remember in November that prince came in through a back door and said, if you don't agree to this tonight, we'll take our money, bribes and freebies. Southwest or somewhere
[5:15] So that elderly leader forced everyone to waive the rules and give in to those Prince's demands. That odd contract phrasing. Remember that infrastructure agreement that guaranteed everything to that Nigerian prince and essentially nothing for that city of Festus? Why is this so dangerous?
[5:31] First, the financial loss. The scammer keeps your payments and disappears. That is going to happen to Festus when that end user gains control and says, nope, I never signed anything with you. I'm not living up to whatever agreements you had with that Nigerian prince. Identity theft. The city of Festus loses its identity as a quaint town that cares about its citizens. Eventually, the population flees because they can't stand the sound. There's no quality air or water. You can't afford the electric when there isn't a rolling blackout to feed that data center beast.
[6:01] There's a recurring fraud. They may later come back and make demands like drilling more wells. Remember Sam, Kevin, Dave, and Mike voted and agreed to that Nigerian prince drilling wells if Festus can't meet their undocumented water needs, or when the data center goes dark and there's not enough money to clean up the mess and Festus citizens are left with a toxic site to clean up
[6:22] The key takeaway, a Nigerian Prince data scam is a classic advance fee fraud adapted for a small town greedy leadership. The core trick is the same. Promise a big payout, perhaps only to the leadership, demand a small fee. That could be your souls
[6:38] And never, ever deliver. Somehow someone let a Nigerian princess call through to a curmudge old man. Someone should have treated that call as suspicious and reported it to the police chief. Oh, wait, that Nigerian prince, he was a smart one. He made the chief a stakeholder, so that never would have worked.
[6:56] Sam is the Martin Luther King Jr. once said, our lives begin to end the day we become silent about things that matter. Today, sir, is not that day. Look around. We will continue to try to save you from that Nigerian prince, not because we frankly give a damn about you anymore, but we care about our town and each other
[7:14] Machiavelli, the 15th century politician and philosopher, said why time exposes everyone. You do not need to force people to expose who they are. Give them enough time, and their choices, habits, and behavior will eventually expose their true character. Sam, someday
[7:32] Everything that happened behind those closed doors will be revealed. An upset co-conspirator, a business partner wronged, an upset girlfriend or an ex-wife. Someone will crack and tell the true story. Remember, no secret is held forever.
[7:52] Travis Leighton
[8:05] Good evening, everybody.
[8:08] like to talk about first
[8:12] Festus ordinance 100.030 interpretation and application of code. So it's basically saying that if there's
[8:25] competing codes, then the more
[8:30] restricted one wins. Okay. And that's going to be important here in a minute.
[8:38] In 1991, Missouri state statute 89.191, municipalities in a first class charter counties annexing territory with the prior zoning classification, the zoning is not affected. Okay. So basically that applies to Festus as a third class
[8:57] city in a first class
[9:00] Charter County okay and then 405.030 again
[9:06] says that Festus ordinance says
[9:10] properties magically turned to N1 when they get annexed. And that conflicts with Missouri statute. And we know Missouri statute wins, okay? Now, that was in 1999.
[9:24] Jefferson County didn't become a charter until 2008. So when all of these Missouri infestus ordinance were put in place, it wasn't relevant because Jefferson wasn't a first class charter. I get that. When Jefferson became a charter in 2008,
[9:42] Who… it's not reasonable to think somebody would read all the Festus ordinance again, looking for something that that decision would have impacted, okay? That's
[9:52] That's reasonable and understandable how nobody caught that. It really is. I really don't blame anybody for that.
[9:59] Just something that happened. So now that everybody's aware
[10:04] That
[10:05] The 89.191 is applicable now, and it has been since '08. So
[10:11] Maybe that can get rectified, the important things that that didn't apply to. And I've also included in the packet the zoning applications for the properties that were annexed, the five properties. County R1. First of all
[10:27] There isn't a county R. One
[10:30] There wasn't before the UDO, there wasn't after the UDO. There's never a county or one.
[10:36] So, and then this N1 stuff, we've proven that that's not accurate.
[10:41] And we've got the one signature on the Hammonds in here, too, you can find if you're so interested in that.
[10:48] Moving right along
[10:51] 405.120 of the Festus ordinances. Extraction of minerals, oil, and gas prohibited except in District N1, the extraction of minerals, oils, and gas by any process, including coring, blah.
[11:06] is prohibited. So N1 is kind of important if you want to dig for critical minerals. So
[11:14] That's something to be considered. And moving right along from there. I've got some definitions from the Festus ordinances about what is a building, what's a principal building, what's a structure
[11:26] And the reason why that's relevant is I took a trip down memory lane of St. Charles last week, and what happened there? And something interesting I found was in April, before anybody knew what the data center was
[11:41] They changed their ordinances to instead of allowing one principal building or lot
[11:50] They changed it to many
[11:52] So that's a big deal because we all know these data centers. It's not one building, it's several. So
[11:59] It seems a little suspicious that they changed that ordinance before CRG officially came to town.
[12:07] So then I looked in Festus's ordinances and
[12:12] 405.050 Festus has something similar. Only one, no more than one principal use shall be allowed in any one lot
[12:21] So they're a little conceptual drawing that Crg had that violates your ordinances.
[12:26] So oops. They forgot to get you guys to change that one before they came to town.
[12:35] Too bad for them. So there's some exceptions with planned unit developments and fat chance any of that's going to apply because then the PUD, any variations and changes must be to promote
[12:50] the health, welfare, and safety of the residents. Yeah, the data center is not going to do any of those. So if you really can't see at this point that the Crg Claco loser factory doesn't
[13:04] Later paper from November 6th. Sir, your time is out. Somebody might have copies of other local papers from that same time.
[13:19] Dana Bowers
[13:28] Before I again begin our lesson for this evening, I have one quick comment for Creeper Cook. You truly are a despicable, vile, repulsive, pathetic excuse of a human and a blatant liar. I'm just curious what your obsession with was back in February with the City of Pacific, Missouri, and why on earth
[13:45] Would you be trolling a private Facebook group geared toward our residents and commenting with bold-faced lies? I want this on the record that you have been caught and have been called out for the false statements because the documented proof clearly shows that you did not add additional restrictions because no user has been disclosed yet, even though the contract has already been signed in this pollution village
[14:07] is in fact proposed to be built right next to residential homes. What is it in? What do you have? Like really, what do you have in it? What's in it for you?
[14:19] The comments, the lies, the deceit, trying to convince residents that live almost 30 miles away that this monstrosity is a good development for Festus. What difference does it make to you if Pacific approves one, two or none at all? Fortunately enough, the city of Pacific
[14:34] Was blessed with lawful local officials, and they actually listened, followed the will of the people, and placed an interim stay of acceptance when we said no, which is something you all need to do
[14:48] It's just creepy as hell that you try and offer advice on our social media groups when in all reality, you should actually be taking advice from our community and local officials instead. You're a liar and a weirdo, Michael. Ma'am, I wanted to interrupt you for just a moment
[15:04] Constitutional Rights 101. This we will be covering just amendments one and four. I recommend the entirety of the police department and the councilman please take notes, because you'll be tested on these rights every other Monday evening moving forward. Festus Missouri, third class
[15:19] refers to municipal classification under state law. This classification affects local government powers, does not override federal constitutional rights. The 1st and the Fourth Amendment apply equally in third class cities. Amendment one
[15:34] New rules of decorum.
[15:36] Serious violations here. Page one, number six state you can't duplicate comments, presentations, or discussion. Page two, number two, speaker shall refrain from making personal attacks repetitive or irrelevant remarks. Page two, number five. Your definition of a disorderly conduct
[15:51] Page 2, number 6, addressing repetitive remarks and trying to encourage individuals to state that they join in on earlier speaker's remarks. Page 2, number 7. No one is allowed to be in possession of a weapon unless they have a valid permit. So where is the permit for the cops? Where is the process
[16:07] hosted for the public to acquire this permit for themselves? Or are these just rules for thee but not for me?
[16:13] Interpretation discrimination. I suggest you look it up, Brian.
[16:18] These rules directly violate the First Amendment, gentlemen. Amendment number four in the US, no federal law allows city council to require a drug or alcohol test for any citizen attending a public meeting. Such requirements would be considered unreasonable search under the Fourth Amendment
[16:33] Which protects us against unreasonable searches and seizures. Since this is just a resolution, your city falls under the guidelines of HIPAA regulations when completing a drug or alcohol test. Look, y'all aren't doctors, and unless an individual is causing physical harm or has verbally threatened
[16:51] you know, threatened to cause harm in any way, shape, or form, or damage, you can't legally randomly drug or alcohol test someone. Since you all have this boom desire to keep disregarding actual laws, I would sincerely encourage the new councilman to take Madman Malone here out front and have him randomly drug and alcohol tested because this resolution is unlawful
[17:14] blatantly tyrannical. While you're at it, you might want to check on dishonorable Sam here as well, since he tripped up and down the steps at the last meeting, and y'all have to spoon-feed him with Campbell's alphabet soup for him to complete a sentence.
[17:28] By the way, y'all voted these rules of decorum in as a resolution. Not an ordinance. An ordinance is a binding local law
[17:39] With the force of law, while resolution is a formal expression of opinion
[17:44] Policy or intent that is generally non-binding and not enforceable as a law
[17:53] Michelle, I'll make sure to get you my account numbers after the meeting so you can directly deposit Madman's check into my account for educating y'all on his illegal fuckery. That includes cops acting upon a power trip that have become unhinged due to tyrannical local officials
[18:09] It was ridiculously obvious that you all intentionally targeted me during the August 10th meeting. That is bias based policing and is illegal. So attention, robe Festus cops do not ever aggressively approach me in a threatening manner. Try to intimidate me
[18:26] Swarm me or fondle any of my personal belongings. I offer you a friendly minor. Do not touch me.
[18:45] Mary Oman
[18:51] Good evening. My name is Mary Elmins. I live in Ward 2. Mr. Richards, at the last meeting, you again stated that there have been no closed door meetings regarding a data center. And you seemed rather upset with the public's report
[19:07] Reaction to that
[19:09] That statement really concerned me and me started me thinking either all of these people behind me or you have the wrong definition of a closed door meeting. So as a former teacher, I referred to the Webster dictionary, and it says a closed door meeting is a meeting that bars the public and the press
[19:30] Now, we've seen CRG executives walking in that back door, and you might remember a more recent meeting when the big man himself, Bob Clark, came to Festus for a closed door meeting.
[19:45] So, Mr. Richards, if you wouldn't mind, please tell me your definition.
[19:50] While I had the dictionary out, I also looked up another word, honesty.
[19:56] How important that will be when I'm sitting in that Ward 2 Council seat come April. And you know what I didn't find in that dictionary under that word?
[20:07] I didn't see Mr. McCarthy's face there.
[20:11] Mr. Richards, could you ask Alan what happened?
[20:15] He campaigned on transparency and to follow the will of the people, and he lied straight to my face twice
[20:24] I asked him, do you support a data center? And twice he said, no. And even if I did, I would need to follow the will of the people that I represent in Ward 2.
[20:35] But then, after the vote on the recall petition
[20:40] where he, you know, we all know what he did. He said to me, Mary, if you hired a lawyer, wouldn't you follow his advice?
[20:48] Mr. Richards, could you tell Alan that no
[20:52] Mr. Maloney
[20:54] I'm sorry.
[20:56] threw me off there that I can't talk to him. He did not hire Mr. Maloney, and he did not vote Mr. McCarthy into that chair. And McCarthy does not represent him, and he's not even a citizen of Festus
[21:10] So, Mr. Richards, would you ask Alan
[21:14] Or would you tell Alan, I'm sorry, that I would not listen to Malone? He's been here too long. He's part of the problem.
[21:22] And you know, sorry, Mr. Richards, could you ask Alan if he knows that the citizens are now calling him Judas McCarthy?
[21:32] So maybe at the end of the meeting, when you all get the opportunity to address us, he could explain himself to us.
[21:39] Mr. Richards, would you ask Mr. Boyer
[21:44] Why he sat with a piece of paper over his camera during the July 13th meeting. Did he think it was so little of the people of Festus, or was it some sort of childish game?
[21:56] I don't know. Mr. Richards, could you ask Mr. Cook
[22:00] Or tell him that about 5 months ago or so, you gave a podcast interview, and do you remember saying that back before the rezoning vote for the land, a major subdivision which fit in that criteria as well.
[22:15] My question for Mr. Cook is, before you voted on the rezoning, did you already know it was for a data center? Is history repeating itself with that new subdivision you pushed for out on Buck Creek
[22:30] is subdivision a new code word for data center?
[22:34] Oh, and Mr. Richards.
[22:36] How fair do you think it is that the citizens of War II are still not being fully represented? Is it just because you don't like me
[22:47] Or we don't agree on stuff
[22:49] Important issues are happening in the city of Festus, and even though you choose not to listen to us, War 2 deserves full representation. So I look forward to all of your answers tonight. Oh, and one more thing, Jack Gilman's not coming tonight
[23:04] Scratch him off your list. Thank you.
[23:13] Gabe Cotton
[23:23] For the record
[23:25] I leave these meetings early because I get up pretty early for work. We've all sacrificed a lot to continue fighting against this industrial mess that you brought to Festus, Sam. So we find our relief from it where we can, in order to keep fighting.
[23:39] I duck out early, but I always hear the news that I missed in the next few days. Something you said at the end of the last meeting was shared with me, and it was both hilarious and pathetic.
[23:49] At the end of the last council meeting, you said, and I quote, some of you are not going to like what I have to say. First of all, I would like to say, for the record
[23:59] There was never any secret meetings with CRG. You then pause, surely because of the laughter in the room
[24:06] So first of all, your statement is a lie.
[24:11] You and your cohorts on this Council had secret meetings with CRG at their offices about 11 months ago in September of 2025.
[24:19] There is email documentation that you all agreed to hold the secret of meetings with CRG separately to keep it from public record, so that the people of Festus could not get access to what you, Sam Richards, David Boyer, Kevin Dennis, and Mike Cook discussed in secret with CRG.
[24:36] You purposefully avoided a quorum intentionally so that the public would not know what each of you elected officials may have agreed to individually with the private company CRG.
[24:49] You had those secret meetings, and you, Sam Richards, are a liar.
[24:53] Now, I get it. I saw the video, you looked right over at Malone when you said for the record
[25:00] 2 weeks ago in this meeting, your intention was probably to make a public statement on the record so that at some point when your is hitting the fan
[25:09] You could cry that you said on the record that you have denied there have been secret meetings
[25:15] A pathetic attempt to cover your tracks, but it is public record that you have those secret meetings. Anything to the contrary going forward for the rest of history is an outright lie.
[25:25] Now, I know that one of my best teachers is the mistakes that I make
[25:31] Some have been accidental, some have been intentional.
[25:34] If I had been observant, lucky, and open enough to the lesson, I have learned something valuable that makes me a better person to the people around me and the community I'm a part of.
[25:44] You keep making mistakes and learning nothing.
[25:47] You have a perverse and unknown motivation to continue this path of shame and dishonor. A disgraced mayor hiding the content of secret meetings with a private corporation from his residence and pathetically trying to deny it after the fact
[26:02] I'm done, you said after you lied. When are you actually going to mean it?
[26:09] You're a traitor and a liar, Sam
[26:12] and you don't care about the community that you're a part of.
[26:15] What would the Marines do with a traitor and a liar?
[26:19] Yeah.
[26:36] Rhonda Brackett
[26:45] Ask her again, maybe. I don't know if they've heard Rhonda Brackett.
[26:51] After one warning
[27:06] Good evening
[27:10] I want you to know I'm totally against the hyperscale data center in this area.
[27:17] As many residents are
[27:19] The last time I was here, I talked about the incident in Cheyenne, Wyoming, where a rare bacteria was found in the wastewater and was traced to the contractor for Meta.
[27:31] CRG has yet to tell anyone who the end user will be and who will be the one they can not promise that any end user will not cause harm to the community through pollution, electromagnetic frequencies, and more.
[27:48] There are lawsuits going on across the country due to pollution and other harmful effects from hyperscale data centers. Unfortunately, these large companies would rather just pay a fine than do anything to correct a situation
[28:04] and help those injured by them.
[28:07] That's why it's important to place a ban or moratorium on any hyperscale data center. There are several states that have either actual moratoriums, statewide restrictions, or proposed bills.
[28:21] New York has a one-year moratorium
[28:25] Texas has a pause for approval
[28:30] States that are considering Delaware, Georgia, Michigan, Pennsylvania, South Carolina, Vermont, and Virginia.
[28:43] There are other areas that are taken restrictive actions.
[28:48] Pennsylvania has issued an executive order requiring new AI data centers to meet energy, environmental transparency regulations to obtain local approval.
[29:01] Florida does not have a statewide moratorium, but some of the counties have imposed moratoriums.
[29:08] On large scale data centers.
[29:11] There are also other counties across the United States that have passed bans or moratoriums, such as St. Charles County, St. Louis
[29:21] St. Louis County is in the process of putting rules and regulations together. Wildwood has already done so. While I need, I believe they need to be stricter. They're making an effort to have rules and regulations in place first
[29:39] The residents in the area have valid concerns throughout the country in areas where hyperscale data centers have been built, people living close to them are experiencing many harmful effects. We'd like to encourage you to represent the wishes of the residents in the area
[29:58] It'd be best to ban them altogether, but at the very least, a moratorium of some sort while you can do research and make sure you have strict rules and regulations in place to protect the public.
[30:12] Thank you for your time.
[30:20] Chair and Valish
[30:23] Yeah.
[30:30] Erica Carter
[30:40] The last council meeting was biblical. And I don't think it was intended to be.
[30:47] Luke chapter 14 verses 28 through 32 says. suppose one of you wants to build a tower. Won't you 1st sit down and estimate the cost to see if you have enough to complete it
[30:58] For if you lay the foundation and are not able to finish it, everyone who sees it will ridicule you, saying this person began to build, wasn't able to finish.
[31:09] This seems to hold true for our city. Michael Christopher spoke in great length at the last City Hall meeting when he addressed why work has not continued
[31:18] On the 406 Meeting Room. He addressed getting the facilities kitchen up and running would incur exponential costs
[31:25] HVAC issues
[31:28] The settling of the building and mudjacking costs.
[31:31] He discussed the building not meeting ADA requirements, roof issues, no sprinklers being installed, and the list goes on and on
[31:40] Common thread number two of our city approving a tower to be built and not calculating the cost would be the barn in Christ Park.
[31:48] On paper, the idea seems grand. But when the job ended up half complete and navigate building solutions came in and did a presentation to solicit $4.7 million.
[32:00] To install a catering kitchen, a bride and groom quarters
[32:05] fans and windows in lieu of HVAC restrooms in a separate building and a detention pond because of improper planning it makes me question
[32:16] Maybe we didn't do our due diligence in the first place
[32:19] From what I hear, there is no giant mob of brides knocking down the door to have a wedding in a barn with no AC or working toilets.
[32:27] I'm no math whiz, but let's just say between the 406 and the barn, the city is out a cool, or not so cool if you're in the barn, $10 million. Let's take the L and stop
[32:41] We'll use this as a teachable moment and learn from it.
[32:45] What could we learn, you might ask? Well, $10 million is less than $6 billion.
[32:52] It's not a big deal if the barn doesn't have running water, but it's a gigantic deal if the town of Festus doesn't have drinking water. You see where I'm going with this? There are many overlooks and miscalculations when these two towers were in the works, and now you're not able to finish the job with dignity intact
[33:10] When it comes to the data center, there are items that are glaring stops that should not be ignored.
[33:17] Not posting, and I'll just go over some of them, not posting the notification of zoning changes in appropriate newspapers. No adequate public hearing and in an adequate building to accommodate a large turnout of people. Violation of city ordinance
[33:33] 4858 notification of all property owners within 1,000 feet of a data center property line via certified mail. I didn't get one spot zoning and rezoning to incorrect zones. Travis went over that.
[33:47] Not all signatures of landowners are on the rezoning application. Travis again. No studies provided for noise, traffic, light, air, water, no in-town hall
[33:58] In-person town hall meetings. 1,000 grievance forms
[34:03] Ordinance 405.555 that were ignored by the city in Planning and Zoning
[34:10] Why are we even entertaining this? When the opinion was released at the last city hall meeting, the attorney paid for by the city
[34:18] I guess you say rareh advised we could exit the data center contract if the council members would use policing powers and object to any further plans to move forward based on public safety. This is our out. This motion needs to be made tonight
[34:35] Please make a motion tonight for the safety of the city to stop the project. It can be stopped. The attorney said so.
[34:54] Very smart.
[35:00] I want to talk about elections and numbers.
[35:03] In April of 2024, Mr. McCarthy ran for the council. He received 51 votes, not enough to get a seat on the Council a year later, August 8th he ran again in 2025. This time he received 72 votes
[35:21] There was a 8.95% voter turnout for that election.
[35:27] Then he tried for a third time, eight months after that, on April 27, 26
[35:34] At this time, the data center had become a hot issue. He gave an interview to the leader and spoke about trust was broken with the citizens in the council and the mayor, that the people of Festus deserve better
[35:49] He told everyone that he was anti-data center.
[35:54] And this time, instead of a measly 51 or 72 votes, he received 312 votes
[36:02] The voter turnout jumped up from the 8.9% to 20%.
[36:09] 78% of the voters in his ward showed up and voted anti for the anti-data center candidate on the ballot. 78
[36:24] I've heard rumors that Mr. McCarthy is stating the people in his ward want the data center.
[36:32] Oh, 22%.
[36:34] 78% voted for the anti-data center candidate.
[36:40] The majority said no at the polls.
[36:46] You sat on the council for over four months now. I don't think I've heard you say two words.
[36:53] This entire time, all you do is vote yes or no on issues voting the opposite of what the 78% of your ward voted you in for.
[37:04] You have contributed absolutely nothing to the city. You never respond to emails.
[37:11] Moving right along, Kevin Dennis had a mere 183 people voted to give him the power to sit up there.
[37:21] 642 people
[37:25] signed a petition to remove him from office.
[37:28] So you compare 183 voted in 642 signed to get rid of him
[37:35] Because
[37:37] He's not doing what we want. Mike Cook
[37:41] He had 204 people vote for his seat on the council. 707 voted or signed a petition to have him recalled.
[37:54] That's a big difference, too.
[37:56] Mr. Boyer had 109 people vote him in his chair. 525 signed to remove him.
[38:04] Sam Richards in 2023, you received 758 votes to sit up there
[38:12] 758.
[38:15] 2,362 residents signed a recall petition
[38:22] To remove you
[38:25] You four have plowed through this city on your own agenda against the will of the taxpaying residents who fund your paychecks.
[38:35] You are wasting hundreds of thousands of dollars, our dollars, and abusing your positions
[38:42] The numbers I quoted here are my opinion
[38:46] prove the majority of Festus does not want this data center. Our voices are the ones that matter, not your will.
[38:54] I'm asking that you terminate the contract that the mayor signed the night before an election
[39:04] surrounded on March 30, you were surrounded by law enforcement with hundreds of residents chanting
[39:13] We want to vote. You ignored us
[39:18] You sign that in protest of the citizens, the residents of Festus
[39:24] And you keep plowing through with this
[39:27] It's time to stop it.
[39:30] What don't you understand? Are you not hearing us?
[39:37] We would rather deal with the repercussions, 22 seconds of a lawsuit
[39:43] It may be filed in the deal with the fallout of a data center. And there are caps on what they can sue us for
[39:54] So I am
[39:57] Demanding cancel the contract. You signed it under protest from all of us.
[40:22] Janine Kreider
[40:29] Daniel Elliott
[40:36] Before entering upon the duties of your office, you took an official oath before a court of record, which was filed with your city clerk.
[40:44] That you possess the qualifications prescribed for this office by law.
[40:50] That you support the Constitution of the United States and the state of Missouri.
[40:55] The provisions of all laws of Missouri affecting cities of this class and ordinances of the city of Festus. And faithfully demean yourself while in office.
[41:08] Do you know what the phrase faithfully demean yourself means?
[41:13] It's a traditional legal term, meaning the official promises to conduct yourself with the proper ethical behavior. And to fulfill your civic duty honestly.
[41:26] Let's take a step further, because this is where there might be some confusion
[41:33] Let's define ethical behavior in government.
[41:37] Public power is used for the public good rather than personal gain.
[41:42] It requires public officials to place loyalty to the laws and the public trust above private interests.
[41:53] Ensuring decisions remain transparent, accountable, and fair.
[41:58] Accountable. This might get you.
[42:02] Accountability means public officials are willing to explain their actions, follow the law and accept responsibility for the choices they make.
[42:15] It is one of the basic safeguards against the abuse of public power
[42:21] So let's ask a simple question. Is it ethical for a public official to vote on an issue that directly benefits that official personally?
[42:32] No.
[42:35] And when the citizens of the city of Festus presented a certified petition asking you to be placed back on the ballot, should you have abstained from participating in that vote
[42:46] Yes.
[42:48] I wouldn't have expected anyone to vote themselves out of office
[42:57] But I absolutely would have expected you to recognize the conflict and step aside.
[43:02] Because this wasn't about what you wanted to remain in office. It wasn't about whether or not the people of Festus should have the opportunity to decide. Citizens of this city spent countless hours collecting signatures
[43:18] They did the work, they followed the process, they exercised their right to petition their government
[43:26] And what were they asking for?
[43:28] Not a guaranteed outcome.
[43:30] Not a guarantee that you would be removed
[43:33] They were asking for the opportunity to explain their concerns and let the people decide for themselves whether you deserve to remain in office. That is fair. And yet here we are
[43:46] You continue to act as though the oath you took carries no responsibility beyond the words you repeated when you were sworn in.
[43:54] An oath is not just words. It's a promise to the people, a promise to uphold your duties even when doing so is difficult. A promise to put the public trust ahead of yourself.
[44:08] The people of Festus have been asking you to listen
[44:12] They ask you to pull the plug on this project.
[44:15] No.
[44:17] They asked for a moratorium. No.
[44:22] They asked for transparency. They asked for accountability. They asked to have a voice in something that's going to affect their community for years to come. And instead of listening, you continue to move forward as though the people who elected you
[44:38] are an inconvenience rather than the very people you swore to serve
[44:44] I can't imagine making choices that would
[44:48] Oh, I'm sorry. Yeah, I can't imagine making choices that would leave me knowing I had lost the trust of the people I represented.
[44:58] After years of community service, I would I would never want my legacy to be that I turned my back on the community I was elected to serve because the the public office isn't about a title
[45:11] It isn't about a seat, and it certainly isn't about protecting yourself.
[45:16] It's about the people
[45:18] Listen to the people here and stop this vote no on 67 highway annexation.
[45:56] Thank you.
[45:58] Councilman Belleville had a post on his Facebook page, and I thought it would be appropriate to put it into the record tonight, and it reads, you have every right to know what your government is doing, and they have no right to know what you are doing. That is why they are called public servants, and we are called private citizens
[46:16] Instead, the relationship has been inverted. The state hides behind secrecy, classified files and redactions while demanding total visibility of your finances, communications, movement, and behavior.
[46:29] A society where the rulers live in privacy while the population lives under surveillance is the very definition of tyranny, end quote
[46:40] So, as we reflect on what has happened over the last 10 months with the lack of transparency by you, Mayor and some members of this Council, we should remember the words of Winston Churchill, who said
[46:55] The differences between humans and animals is that animals never let a fool lead the pack
[47:02] Perhaps that is the greatest shame of our species. We hand over command to the least among us sometimes. Sometimes the loudest, the most arrogant.
[47:13] No wolf follows a weak leader and no lion obeys a coward.
[47:19] But we humans, we applaud, deify, and defend those who should actually be led and not leading. And that's what's happened here. The former council
[47:32] And the current squatting council members
[47:36] And the current
[47:38] Squatting mayor followed a weak leader, a mayor who allowed outsiders to come into our city and promised the world but required us to pay up front with tax abatements and outlandish agreements.
[47:52] Why do billionaires need a deal at our expense?
[47:57] It took a fool and his minions to fall for their snake oil tactics. And yet, when there is a copious amount of information of the detriments of these hyperscale data centers at your fingertips
[48:12] You instead choose to double down.
[48:17] So, worst case scenario
[48:20] What's the plan for the inspector that's going to verify that this project that is being built
[48:28] is going according to the promises and the infrastructure agreement
[48:33] We have to hire that, obviously.
[48:37] We have an engineer and inspectors that haven't been able to rectify the toilet situation at Crites Park for years.
[48:46] Does our fire inspector have the expertise to inspect something of this size and complexity? Lots of things to consider.
[48:55] If ground is broken, what guarantee is there that the verbal promise of a closed loop system won't change to open loop or who knows what else?
[49:05] The truth of the matter is there is nothing in place across our city, our state, or even this nation so far to hold these multibillion dollar corporations to the law. Absolutely nothing. They will take the fines
[49:20] Any day, and we take the consequences
[49:24] And I haven't heard us talking about, well, we haven't heard you talking about anything actually because everything's secret. But we need a decommissioning agreement. You got to have that. Remember when computers were invented? They'd take up this whole room. Now they're in our hands
[49:40] Same thing with these huge buildings. At some point 10 years down the line, they're going to vacate those. And what do we do with that mess that's left?
[49:52] It'll come to the citizens to figure out how to clean up the legacy of mismanagement and corruption.
[49:59] All of us are here tonight and we continue to come, even though it seems to go on deaf ears, and we will continue to fight by all means possible to save you from yourselves and to protect our town, our lifestyle, our freedoms, and our future. Thank you.
[50:21] Gary Kampler
[50:30] Yes, I am here in front of you. And I'm asking you a question, Sam.
[50:35] It was brought up in the August 13th issue of the leader
[50:41] And
[50:42] With the Farmer City Council member. Stacey Templeton.
[50:48] And what it said in the leader is that you don't have a plan.
[50:52] What is your plan, Sam, to replace this lady?
[50:55] Can you tell me that?
[50:58] Don't beat around the bush.
[51:01] Tell it like it is
[51:03] Don't hit me haul.
[51:05] And we don't want your
[51:07] Political buddies put in that position
[51:11] Dial maneuvers.
[51:13] I'm asking you, Sam, what's your opinion? Why haven't you acted on this?
[51:19] I'm asking you
[51:23] And another thing
[51:25] I don't talk to Mike Cook here. You know, you've missed three meetings.
[51:30] If you don't want to be here, resign.
[51:33] Well, if you don't want to attend, don't be here. Speaker needs to address his comments to the chair.
[51:41] Sir, address your comments to the chair, please.
[51:46] I've met you before and I went to the county. Sir.
[51:52] All right, I should be asking this man a question, just like I asked you a question.
[51:57] If you don't want to answer us, that's up to you. Listen to me. All right
[52:01] All right, well, I'm asking you
[52:03] Where is your issue on putting another person in there?
[52:07] It's been too long, Sam.
[52:10] Appoint somebody and not one of your lackeys
[52:24] Nancy Withington
[52:36] Hi, I'm Nancy Withington. My question tonight is who wrote ordinance 4858 of section 405.185 entitled Regulations of Data Centers
[52:52] Who did the research on this document?
[52:56] Where is your sources
[52:59] I know that Mark Harris introduced it and it was passed on October 27th of 2025.
[53:06] But who actually composed it? Was it one person?
[53:11] Was it a committee like Jefferson County, which I attended several of those meetings, and there was months of deliberation.
[53:20] Or was it CRG that composed it?
[53:24] Well, I know I will not get an answer because we do not want to communicate back and forth, do we? That's what a discussion should be. It shouldn't be, I talk to you. And it goes in one ear and out the other, or you then tell us what we are going to do.
[53:43] But I want to let you know that the city's current noise ordinance, it's not sufficient.
[53:50] Have you heard of Dr. Casey Fowler-Finn, the PhD professor of Biology of St. Louis University, and a sound researcher since 2021?
[54:03] What she has written
[54:07] General guidelines for regulations of data center noise. And her report focuses on low frequency sound that is measured in hertz.
[54:18] And how it's detrimental to our health. And that is what I stood from from day one.
[54:26] My speech on November 23rd spoke to that effect.
[54:30] The city ordinances rely solely on a waiting the Dba, which was designed for mid-range human speech, not massive industrial infrastructure.
[54:43] So it does not address the low frequency noise. The hyperscale data center will take advantage of this loophole in our current code by hiding intense physical vibrations inside
[54:58] unfiltered low frequencies
[55:02] Now the World Health Organization explicitly states low frequency noise cause sleep deprivention. It causes fatigue, headaches, dizziness. It also reduces mental concentration
[55:18] Visual function and attention span during constant exposure along with hearing loss
[55:25] Cardiovascular disease and impaired cognition, especially in our children
[55:31] High intensity, low frequency waves can impair respiration and cause balance issues, and according to the National Institute of Health, the effects of low frequencies noise
[55:46] are particular concern because of how they travel
[55:51] These sounds travel as long, powerful waves that easily pass through physical structure by turning into vibrations. According to Dr. Fowler Finn, low frequencies multiply
[56:07] Over much greater distances than high frequencies
[56:11] They pass right through walls, windows, strands of trees and buildings
[56:18] Ordinary building materials or for practical purposes, ineffective at reducing these sounds, which can also generate secondary noise
[56:30] inducing vibrations and rattles of nearby structures.
[56:34] Now, exactly from Dr. Finn, for these reasons, standard building enclosures, the kind specified in most data center plans do not for all practical purposes
[56:49] work to dampen data center noise.
[56:53] To start effective absorbing low frequency sound requires acoustical material roughly a quarter wavelength thick.
[57:03] For the 20 hertz sound waves characteristic of most data centers, a wavelength measures about 17.2 meters. That would require roughly 14 feet
[57:18] of absorbent material.
[57:22] So I say, let's please stop.
[57:26] And step back
[57:28] And vote on a one-year moratorium so that we could all sit down and discuss, not me talk to you or you talk to me, but we talk.
[57:38] Please protect our health
[57:48] Cheryl Hagerty
[57:57] Cheryl Haggerty, Ward 4. Today I'm talking about priorities. City priorities should address what impacts people's lives most.
[58:06] I see that the city is having an open house to discuss the street master plan. You have been unwilling since November to have a town hall meeting to discuss a hyperscale data center
[58:18] And the ramifications that we'll have on the city of Festus. The data center is a much bigger issue and will have a bigger impact than a street plan.
[58:27] But you will have a meeting on a street master plan, but not a hyperscale data center. So where are the city's priorities? There should already have been a town hall meeting and a responsive, effective local government working for its citizens
[58:42] That would have been a city's priority.
[58:44] So far, you have left discussion of a hyperscale data center to outsiders, CRG to provide information to the citizens of Festus
[58:54] The residents of Festus have repeatedly asked about health and ecological concerns, but so far, this office has not responded.
[59:03] Why isn't this discussion with your people a priority? Is this council is supposed to make sure if this council is supposed to make sure our city is safe, why have you not addressed our concerns?
[59:16] I honestly can't understand how you can be in such a responsible position of mayor and councilman and not have already had a town hall meeting to talk to the people
[59:27] Do you even know what a town hall meeting is? It's a discussion with the people to get their input. It's a discussion between the city and its residents, not the city and CRG.
[59:38] A town hall meeting after CRG has made all the decisions is not the time for town hall meeting. That is not a discussion with the people. That is you telling us what has already been done
[59:51] You're failing in your priorities.
[59:54] CRG is the only one pretending to answer questions, even though I haven't seen them answer the questions we have asked. You should be talking to people you represent and providing the answers for us. That is your responsibility, not CRG. So is this how it's going to be
[1:00:11] Our city representatives are going to allow Crg to speak for them, and then the city copies Crg's handbook to tell the residents
[1:00:18] Safety measures for the residents should have a higher priority than a street plan.
[1:00:23] I keep getting up here every meeting to speak because I feel strongly about the fact that we are being ignored. You think we will go away if you ignore us. We will still be here even if a data center is built. Our numbers may dwindle in this meeting, but you will not get rid of us
[1:00:39] Every resident will be watching that regulations and the contract are followed exactly that any use of money is in the best interest of the people, not the mayor and the council or their cronies.
[1:00:52] I see more lawsuits in the future. We will make sure our safety is met and top priority if the city will not.
[1:01:00] Data centers are becoming a top priority throughout the country.
[1:01:05] Data centers are rapidly moving up to the top five issues that the US citizens are upset about, along with the cost of living, healthcare, and immigration during this election year.
[1:01:15] People across the US are seeing that their elected officials are selling them out and letting big business get richer while hurting the average person
[1:01:23] Voting out representatives that support data centers is becoming a priority. So we are not going away. If you look at Facebook, it is full of sites against data centers. I don't see any promoting them
[1:01:36] I saw that 15 cities are now considering statewide bans or moratoriums on data centers. This tells you that data centers are not what you were told. Even AI says cities are being sold a bill of goods that the community benefits come with heavy costs by draining local resources
[1:01:54] So know that some of you, and you know who you are, will be remembered not for the good you did for the city. You were remembered for all the things that you have not done to protect the city, that your priority was with an outsider and big business, not the people you represent.
[1:02:09] To finish up, I am against a hyperscale data center. It should not be an extra large concentration of homes and subdivisions. The proposed current distance between homes in the data center is not enough distance to be safe for the residents. Our safety is a priority and should be your priority
[1:02:27] A residential area is not the place to put a hyperscale data center, no data center.
[1:02:39] Mary Buckaloo
[1:02:54] Shoot them.
[1:02:57] I'm talking worldly stuff here.
[1:03:00] Okay, good evening, gentlemen. Thank you for this time. My name is Mary Buckaloo, and I'm going to be repeating some things I've said in the past, because they were just my opinions in the past, and now I have found an article that backs me up a little bit. So the source for this article
[1:03:16] was Wilkins, comma J period 2025, AI data centers are in an even bigger disaster than previously thought dot futurism dot
[1:03:28] The article says experts warn the AI data centers are leading to a national economic crisis.
[1:03:35] The massive global rush to build out AI infrastructure is hiding a deep financial crisis that could soon spiral into an economic disaster in the entire USA.
[1:03:46] And do you want your faces and your names to be attached with that? That's something to think about.
[1:03:52] According to the hedge fund manager
[1:03:56] Harris Kupperman
[1:04:00] And industry insiders
[1:04:03] The core economic math behind the AI data center boom is fundamentally broken.
[1:04:09] Tech companies are pouring billions of dollars into high-performance semiconductor chips and massive physical facilities, treating them as the shovels of the AI gold rush.
[1:04:21] However, unlike traditional long-term infrastructure, these highly specialized components degrade and become obsolete at an alarming rate. That should sound familiar if y'all heard me the first time that obsolete
[1:04:37] things do not last. They just don't last. Rapid technological advancements and the sheer intensity of high power workloads mean that data center hardware has an impossibly short lifespan, forcing operators into a continuous hyper expensive cycle of replacement long before they can recover their initial
[1:04:57] Investments
[1:04:59] This rapid depreciation creates an immense financial gulf that the current market cannot bridge
[1:05:05] To break even on current and projected capital expenditures through 2026, the AI sector would need to generate approximately $1 trillion in revenue, a figure that vastly dwarfs any actual income that this technology currently produces
[1:05:23] When tech giants scale up these operations despite flawed unit economics, they are not solving the underlying financial problem.
[1:05:34] Rather, they are inflating a bubble that threatens the broader economy. If the anticipated AI revenue fails to materialize
[1:05:43] fails to materialize
[1:05:46] fails to materialize. These multi-billion dollar facilities risk becoming heavily stranded assets, transforming a Silicon Valley tech correction into a systemic national crisis that could drag down utilities
[1:06:02] Rate payers
[1:06:04] And investors alike
[1:06:06] So, in conclusion
[1:06:08] I ask for a motion to bring about an interim stay of acceptance. Take the time, get some studies done.
[1:06:17] Let us
[1:06:18] put our foot down and be sure we're doing the right thing.
[1:06:22] I also request that a motion be made for a bond of complete demolition and restoration be brought about to restore our town to the previous environmental quality.
[1:06:35] Okay, so, and because I have the floor, I'm going to say it. Remember that Jesus loves you and wants to be your savior. All of us are in a boat that is sinking.
[1:06:47] Without Jesus as your savior, you'll be going down with that ship. So if you don't know for sure where you'll go when you die
[1:06:55] Look me up on social media and I would love to let you know how you can be certain of where you will spend eternity. My name on social media is Mary Montgomery Buckaloo. I look forward to hearing from you. I pray for you all
[1:07:09] Thank you.
[1:07:14] Well, that's that
[1:07:19] Do we have any beds tonight?
[1:07:22] I do. No, sir. If I may. No, I'm sorry. This is a bids official business bids from companies or from us
[1:07:34] Okay.
[1:07:44] Since we have no bids, we're going to ordinances and resolutions
[1:07:52] Ordinary out
[1:07:56] I get my check
[1:07:58] That leads a shit up there.
[1:08:03] All I got to say is you've got no balls.
[1:08:06] Not yet. Your useless pieces of shit.
[1:08:10] I see.
[1:08:22] Moving right along, we have Bill Number 4893.
[1:08:26] On the agenda, will the clerk please read the bill for the first time?
[1:08:31] Bill number 4893, an ordinance of the City Council of the City of Festus, Missouri, amending the 2025-2026 fiscal year budget and establishing an effective date.
[1:08:40] Bill 4893 is open for discussion. Could I have a staff report, please?
[1:08:46] Good evening, Mayor and City Council. Tonight before you is Ordinance 4893. The purpose of this ordinance is to amend the current fiscal year that we're in for 2526 for consideration. The amendment updates the current year budget to reflect actual and anticipated revenues and expenditures
[1:09:06] Previously approved by City Council purchases grant and contributed revenue prior year projects that had carried forward into the current fiscal year.
[1:09:17] projects that are now being deferred into next fiscal year. So these adjustments I've identified through the finance department's year-end budget review approval of this amendment tonight will allow me to incorporate the revised current year estimates into the proposed fiscal year 2627 budget
[1:09:39] I'm estimating a net change of 607,454. Basically, it comes down to Blue Shield grant revenue. There was some capital outlay that got carried over or that we budgeted last year
[1:09:56] that didn't get completed. It got rolled over until this year that needs to be amended. There's current capital outlay that didn't get completed this year that is being rolled over into 2627. So those things are needed to be adjusted so that we can reflect
[1:10:12] correctly in our current year budget. Alrighty.
[1:10:17] We've heard of staff report. Is there any discussion? I have a question. There's some things
[1:10:24] I mean, how many times can we roll it over
[1:10:27] You know, like the pavilion in the park, we had out there
[1:10:32] Well, actually, the pavilion that was Chief Wendell's he's asked for that for several years. This year was the first year that it was approved. Unfortunately, we did not get to it this year, so we have we're going to be requesting it to be moved over to 2627
[1:10:50] So question for Ben, could, instead of that being specifically a park project, could we get bids on that?
[1:10:59] Maybe you funnel it through
[1:11:01] So, you know, get some bids and about getting that done. Because, I mean, there's a lot of projects in certain departments that just more than you can get done, in my opinion. Yes, sir, we've talked specifically about this project, and we'll be moving forward with it, whether that's through the police handling it
[1:11:17] We'll probably team up with Public Works, but we'll be getting that done next budget year.
[1:11:23] You're welcome.
[1:11:24] Is there any other discussion?
[1:11:35] I'll need a road call vote to approve Bill 4893 on its first reading.
[1:11:46] Absolutely.
[1:11:50] Motion's been made. Second. And seconded. Roll call, please.
[1:11:56] Councilman Boyer. Yes. Councilman Belleville. Yes. Councilman Weakley. Yes. Councilman Cook? Yes. Councilman Dennis? Yep. Councilman Moore? Yes. Councilman McCarthy? Yes
[1:12:13] Motion passes.
[1:12:15] I will need a motion
[1:12:18] To read Bill 4893 for the second time
[1:12:22] So moved
[1:12:23] Motion's been made and seconded. All those in favor say aye. Aye.
[1:12:29] All those opposed say nay.
[1:12:32] Hearing none, that motion carries.
[1:12:36] Madam Clerk, would you please read the bill by title for the second time?
[1:12:42] Well, number 4893, an ordinance of the City Council of the City of Festus, Missouri, amending the 2025-2026 fiscal year budget and establishing an effective date.
[1:12:52] Is there any further discussion?
[1:12:59] Madam Clerk.
[1:13:05] Would you please
[1:13:07] Do a roll call vote, please.
[1:13:11] To finally pass, right? Yes. Okay.
[1:13:14] Councilman Cook. Yes.
[1:13:18] Councilman Weekly. Yes, Councilman Belleville. Yes, Councilman Moore. Yes, Councilman Dennis. Yes, Councilman McCarthy. Yes, Councilman Boyer. Yes.
[1:13:31] Bill 4893 has passed.
[1:13:43] Tonight we have Bill 4894 on the agenda with the clerk.
[1:13:48] Please read the bill for the first time
[1:13:51] Bill number 4894, an ordinance of the City Council of the City of Festus, Missouri, annexing to the city certain tracks of real estate located at 1765 US Highway 67, Festus, Missouri, 63028, 1775 US Highway 67, Festus, Missouri 63028
[1:14:07] And 1179 US Highway 67 Festus, Missouri 63028, but the Jefferson County Parcel identification number is 1860130002023, 1860130002024, and 18601
[1:14:25] 00002025 respectively, determining that said annexation is contiguous and compact to this existing city limits, and will redound to the benefit of the city of Festus specifying the new boundary lines to which the city limits are extended by reason of said annexation and establishing an effective date
[1:14:42] Bill 4894 is open for discussion. May I please have a staff report?
[1:14:49] Yes, Mayor. So this is a voluntary annexation for these 3 parcels. We received application last week from the applicants and the annexation is considered contiguous and compact to existing city limits
[1:15:06] And obviously, you can tell by the person who signed it, it sits immediately adjacent to the data center site. I believe it's the Kennedy Tire Center and two other adjoining parcels.
[1:15:21] Thank you, sir. I'll open the floor up for any questions or comments.
[1:15:25] I wanted to make a comment.
[1:15:27] I'm receiving, and we're here at the Council receiving a lot of information where we may be needing to tighten up our process, whether it be an annexation or rezoning. And with that in mind.
[1:15:45] I would like to take a closer look at the original documents and I'd like to recommend that we table this until the next council meeting so that myself and any other councilman that share my concern could go to PNZ and actually look at the original documents just to make sure that we have everything in order
[1:16:04] So correct me if I'm wrong, Brian or Ben, that would take a motion and majority vote, correct?
[1:16:10] So did you just make a motion just now? I make a motion to table this until the next council meeting. Okay, so we need a second and then it would be a vote by the majority of all of you. Okay
[1:16:20] There's a motion on the floor. Is there a second?
[1:16:23] There's a second. So let's call for an individual vote, please. Leah, would you call? Councilman Belleville? Yes. Councilman Moore? Yes
[1:16:31] Councilman Cook? No
[1:16:34] Councilman Dennis? Councilman Weekly. Councilman McCarthy. No. Councilman Boyer. No.
[1:16:42] The motion failed, so we'll revert back to the original 1st reading.
[1:16:48] So, I need a motion to accept the first reading, please.
[1:16:54] First, I have a second. May I have a roll call vote, please, Leah.
[1:16:58] Councilman Dennis. Councilman Boyer. Yes. Councilman Moore? Councilman Weakley.
[1:17:06] Yeah, Councilman McCarthy. Yes.
[1:17:09] Councilman Cook. Yes. Councilman Belleville. No. 5-2.
[1:17:14] So the first reading pass will now revert to the second reading. Here you go, Mayor
[1:17:36] Okay, can I have a motion to read Bill
[1:17:40] 4894 for the second time. So moved.
[1:17:45] Motion's been made.
[1:17:47] And seconded.
[1:17:50] All those in favor say aye. Aye.
[1:17:53] All those opposed say nay. Nay.
[1:17:57] Five 2.
[1:18:01] Would the clerk please read this bill for the second time?
[1:18:06] Bill number 4894, an ordinance of the City Council of the City of Festus, Missouri, annexing to the city certain tracks of real estate located at 1765 US Highway 67 Festus, Missouri, 1775 US Highway 67 Festus, Missouri 63028, and 1779 US Highway 67 Festus, Missouri 63028, with Jefferson County Parcel identification numbers
[1:18:28] 1-860-130002023, 1-86-013-0002024, and 1860130002025, respectively, determining that said annexation is contiguous and compact to the existing city limits, and will be down to the benefit of the City of Festus
[1:18:47] Specifying the new boundary lines to which the city limits are extended by reason of said annexation and establishing an effective date.
[1:18:55] Is there any further discussion?
[1:19:00] Yes.
[1:19:07] Could I have a roll call vote, please?
[1:19:11] A motion to finally approve. Yes.
[1:19:15] So moved.
[1:19:18] Motion has been made and seconded to finally approve. All those in favor roll call, please. Councilman Cook. Yes. Councilman McCarthy. Yes. Councilman Belleville. No. Councilman Dennis. Yes. Councilman Boyer. Yes. Councilman Moore
[1:19:33] Well, Councilman Weekly. Yes, 5, 2.
[1:19:37] Bill 4894 has passed.
[1:19:48] New business.
[1:19:52] We have a
[1:19:56] Temporary liquor license request for Tetros.
[1:20:01] Is there anyone here representing Tetros?
[1:20:06] This is for
[1:20:08] Twin City days September 12th, 2026. And the Ozark Food Pantry car show September 26th at Kreitz Park.
[1:20:19] Chief, you have any problem with this? We have no issues with it, sir.
[1:20:24] Okay
[1:20:26] I will entertain a motion to approve the temporary liquor license as requested for Tetrose for Twin City days and the Ozark
[1:20:37] Food pantry car show
[1:20:42] Is that going to close our heart down?
[1:20:46] We'll be open for other things.
[1:20:50] They have it on the old fairgrounds.
[1:20:56] I need a motion. And a second.
[1:21:00] Second.
[1:21:02] Motion's been made and seconded for the temporary liquor license request for Tate Rose. All those in favor say aye.
[1:21:11] All those opposed say nay.
[1:21:14] Hearing none, motion carries.
[1:21:20] Next is the downtown festival request. For Tamir's performance grand opening on October 24th, 2026.
[1:21:34] Hi, I'm John. I don't know what I'm doing. Okay.
[1:21:39] We put in two requests for different dates, October 10th would be the preferred date, if possible
[1:21:46] I think October 3 fast. Yeah. Yeah, I was hoping to bring more business to Festus on that day.
[1:21:51] That was the goal. We didn't know if the fields across from our shop would be open that day, or if you guys were already using them. So we also put in for the 24th just in case But we would prefer the 10th so that we could generate more business and so that our customers could also you know enjoy the stuff going on in Festus as well
[1:22:09] Yeah
[1:22:11] And we'd have to close the South Adams Street.
[1:22:16] Yes.
[1:22:18] We have the farmer's market. So they actually, yeah, we talked to them. They actually want to do a car show with us the day of the grand opening.
[1:22:29] Awesome.
[1:22:31] I do have a letter here from
[1:22:35] The market managers, Amy and Tricia of the Festus farmers market supporting
[1:22:42] their request.
[1:22:46] They're working together to coordinate that event. That will run in conjunction with the market that morning and continue after the market ends.
[1:23:04] You want the street close to you? Yeah, I don't think… not South Adams, but… It's Bearing. Bearing Street. The same street that they closed for the farmer's market.
[1:23:18] Yeah, the what they're wanting to close is from their corner right in front of their shop at South 3rd and South Adams, just that little loop around, which half of that's already closed for the farmer's market on a Saturday morning. The only thing to consider with
[1:23:30] the street fest that day also that morning is also the bottleneck bridge ride, which they'll be coming down South second also at some point in time. But that's only about a 10 to 15 minute window that they'll be going through there, and then they'll be out of town, so it won't be any issues after that. That's just something to take into consideration.
[1:23:48] Do we know what time that will be?
[1:23:51] I think they take off around 9 in the morning
[1:23:55] Okay, I believe. So I'm not 100% sure on that. Okay, yeah, I don't think we would really be closing anything additional outside of what the farmers market does until after they're gone, just for our event.
[1:24:12] I agree the motion, we allow it? Would you be willing to work that out? Yeah. Actually on both sides. Yeah, should be able to. I mean, is there I would should we like have a heads up on that, or
[1:24:28] Yeah, we hear anything. So I make a motion. I second.
[1:24:36] Motion's been made and seconded. All those in favor say aye. Aye. All those opposed say nay. Hearing none motion carries. Have your event October 10th. Awesome. Thank you guys. Have a great evening. Thank you.
[1:24:52] We also have a temporary liquor license request for Tanglefoot Dance Hall. The Street Fest on October 10th and ladies Night on October 7th.
[1:25:06] Yes, sir. Yeah, just here to answer any questions. We'll be selling out front of Tanglefoot on Main Street. Main Street will be closed both days.
[1:25:14] You guys are doing a great job down there. You're very popular. Thank you for that. Thank you.
[1:25:19] Now, if you have any problems? No, we do not, sir. Okay.
[1:25:25] Is there any other discussion?
[1:25:29] If not, I'll entertain a motion to approve a temporary license request for Tanglefoot Dance Hall on
[1:25:38] October 10th, Street Fest and Ladies Night, November 7th.
[1:25:43] Motion's been made
[1:25:47] Second. And seconded. All those in favor say aye. Aye. All those opposed say nay.
[1:25:54] Hearing none motion carries
[1:25:58] Approved. Good job title
[1:26:03] Do we have any old business?
[1:26:10] I don't think we do.
[1:26:13] Councilman Boyer.
[1:26:16] I have nothing at this time, sir. Councilwoman McCarthy.
[1:26:21] Councilman Dennis
[1:26:23] So the Joker's has got us in good shape on our tree projects or all but one down, I believe. That's the pavement of the parking lot at the park, and we're working on the details of that
[1:26:37] be light show project is going up. It's up, went by there today. It's looking good
[1:26:43] So we're making some progress there.
[1:26:47] We had a request to clean the streets and things in the park, and I believe Council McCarthy proposed the street sweeper out there, and I seen them out there with the back truck
[1:26:59] So good job doing then once again, all the departments are doing well. Doug's traffic units doing very well with their not only their tickets, but also pulling people over and making them aware of what's going on. So that's all I have, sir. All right. Thank you, Council Cook
[1:27:15] Thank you. Michelle, after the budget, you catch your breath, could we possibly get a model of reducing property taxes for residents, not commercial businesses, but for residents in the city of Festus talking to Councilman Moore, Councilman Weekly and Councilman McCarthy, and we're
[1:27:30] Like to see that. So if you could give us a model with a 50% reduction all the way to 100% reduction based upon the development coming in, I'd like to use that money to reduce our property taxes. Also, if we can look at water rates as well, and possibly start looking at cutting that back. I know
[1:27:47] City Administrator Declue has some ideals as well. I want to start using that development money to the residents and to the city, so I'm going to throw this at you after you catch your breath in the budget.
[1:27:58] Mr. Malone, the e-bike ordinance I liked. I like to see if Council has interest net at a work session or next meeting. I'd like to move forward with that
[1:28:07] That's all I have, sir. All right, thank you.
[1:28:11] Casmine
[1:28:13] Weekly
[1:28:19] kind of adding to what might just said, I would like to see if we can maybe get some kind of a fund going grant going, whatever it is for some of the
[1:28:29] Elderly
[1:28:32] People that's this living single by themselves to help
[1:28:37] If possible, with certain maintenance issues around their premises.
[1:28:42] We have
[1:28:44] Like on my end of my street, we have a
[1:28:48] Lady who's
[1:28:50] lives there by herself. She tries to mow her grass, she tries to climb ladders to clean out gutters, and well, he's past them being able to do it. We can get some kind of a grant fund or something, maybe, to help out in residence based on
[1:29:03] riding on the spirit of what he just said about the funds available, possibly
[1:29:09] Something to discuss.
[1:29:12] the meeting or whatever.
[1:29:14] That'd be it. Alrighty, thank you. Councilman Moore.
[1:29:19] Thank you, Mr. Mayor.
[1:29:21] First of all, thank you, Ben, today for the flag issue on Cright's part. A resident today sent me an email about a torn
[1:29:30] Flag down in Crets Park, so thank you for being responsive to that and getting old glory back up there and looking good. So
[1:29:37] I just want to say real quickly, I've been spending a lot of time on Main Street with some of the business owners, and I'm going to say we have a phenomenal Main Street.
[1:29:45] what's coming, what has been there for years, and just super excited to see, you know that Main Street really just the bustle that I haven't seen down there in years. It's incredible.
[1:29:56] excited to see, you know, as we talk about Main Street improvements, what that's going to look like. I had a lot of people ask me questions about that, but I know we'll answer those questions as we get closer to that. So
[1:30:05] Yeah, I'm just excited to get that project underway. I don't know if we have any updates on that, Ben, but. Yeah, just a little bit. So obviously we were awarded 1.5 million from the federal government for a street project down there. We are not married to any design yet
[1:30:22] We recognize that the number of people has so substantially increased downtown that we felt we really needed a better handle on the parking. So we've actually had our engineer. We've contracted with them to perform a parking survey. They're going to be taking aerial shots and counts at certain parts of the day
[1:30:41] Over the course of about a week. I know every time I go down there for lunch, you know, especially that rear parking, it is packed, and I'm shocked by that. So, before we start going and saying, well, we're just going to go do this, or we're going to go do that, we really want to get a good understanding of what that parking situation looks like now
[1:30:57] Where we have unused spaces and how we can better identify and notify residents and business owners and customers of where they can park, in case, you know
[1:31:07] At some point, the street's going to be realigned to some degree, just not quite sure how yet. We're hoping to make it quite a bit more pedestrian friendly. I think more festival friendly, if you will, as well. So it's really exciting. It's going to be a great project over the next couple of years. Yeah, I'm excited about it. And
[1:31:22] I'm sure we're not going to be talking about that during the
[1:31:26] The road planning meeting on September much too early. Yeah, those are for what we would call troubled intersections. Right. Okay. Challenging issues. Yeah, those questions I was good.
[1:31:37] Well, that's it. Thank you, Mr. All righty, Councilman Belleville. I got a couple of things, Mr. Mayor. 1st of all, I have a letter from a constituent, and then I have a couple other things I want to talk about my letter this week says, good morning
[1:31:52] I want to follow up to see if the confidential legal ramifications regarding the 12-month moratorium on the proposed hyperscale data center has been discussed with the city council members.
[1:32:03] who have introduced the ordinance in the past conversations regarding the data center occurred quickly as residents, we have had only 3 days to review agreements and ask questions before they are voted on
[1:32:16] This pattern of expedited communication and decision making is concerning to me, but it's become an expectation of the Festus residents.
[1:32:25] With that said, my hope is that the legal and financial ramifications of a 12-month moratorium have already been reviewed and discussed with the new City Council members, and will be communicated to the residents of Festus this week
[1:32:40] I understand that contracts may need to remain confidential, but I'm concerned about the lack of transparency. Please consider being forthcoming about the risk of pausing action regarding this project. Thanks.
[1:32:56] And then the other thing I wanted to talk about real quick
[1:33:00] I've been to a lot of different board meetings here with the the water authority and some things out at the county and other conversations, and there's been a lot of people who have said, Oh, when the data center comes in, we're going to get this. And I said, Well
[1:33:17] Is that in writing somewhere? And said, no, it was said to us verbally. And so I'm hearing a lot of these conversations. So what I'd like to do is like to put myself out there and say that if someone has an expectation of what they think this data center is going to provide financially
[1:33:34] If you could please send that to me, and then I want to coordinate that list with our city administrator and with our city attorney so we can verify, do we have that
[1:33:46] factual, and is that something that's in writing, or is that something that we need to discuss?
[1:33:52] There seems to be a lot of things that are being discussed among people say, well, if it's forced on us, well, at least we get this, but there's nothing in writing about that. So I'd like to try to narrow down that conversation to facts.
[1:34:07] I'm putting myself out there, you can email me at the city email address of what these promises that either you have seen through Festus Forward from previous conversations, either something that was an interview on television or a conversation
[1:34:25] And I'm reaching out to the people not only in the Herky Water Department, some people in the county are saying that these are things that we're expecting for the city of Festus if this data center goes through. And so I'd like to try to bring that together
[1:34:41] And then share that with the people that can address it legally, so that we don't have any misconceptions going forward. Okay.
[1:34:50] Thank you.
[1:34:54] Is that it? Yes, sir. All righty
[1:34:57] I have nothing,
[1:35:03] I will entertain a motion to go into closed session.
[1:35:08] For pursuant to Missouri law with matters of RSMOs
[1:35:32] Go ahead and read the 12.
[1:35:40] 12 session Missouri law with matters relating to RSM0610.0211 of the revised statutes of the state of Missouri for the purpose
[1:35:54] of discussing legal actions, causes of action
[1:35:59] or privileged communications between council and legal counsel and RSMO 610.021.
[1:36:09] Paragraph 12, for the purpose of discussing negotiations of a contract prior to execution and 610.02113 for the purpose of discussion
[1:36:24] individual
[1:36:27] Individually identifiable personnel records, performance rating are records pertaining to employees or applicants for employment.
[1:36:38] So move.
[1:36:40] Motion's been made.
[1:36:43] Okay.
[1:36:44] And seconded, roll call vote
[1:36:47] Councilman Cook. Yes, Councilman Belleville. Councilman McCarthy. Yes, Councilman Boyer. Yes, Councilman Moore, Councilman Weekly. Yeah, Councilman Dennis. Yes.
[1:37:02] 14th of September.
[1:37:03] Okay. Go ahead. Mayor, just as a final note, we have budget work session scheduled for 831 and 921. Those are Mondays. Hoping 5 PM works for everybody. I emailed out 4 memos.
[1:37:20] KDE31. I got a heart of late on that day. No worries. Well, that's why we emailed out the memos and stuff. So feel free to give me your comments if you have any based on what we sent.
[1:37:33] Due to, I think, a quorum issue, we will not be meeting on the 14th. I know I'm out of town on the MML. I think, Rick, you're going down too, right? Leo will be there. Leo will be there. Mayor, you're out of town. I'm going to be in Hawaii.
[1:37:47] Yeah, so in lieu of our meeting, we're going to do
[1:37:58] Will that work session be an official council meeting
[1:38:05] Sorry. Well, that those work sessions be accounts official council meetings with minutes recorded, or is it some other sort of setup? There are always minutes recorded at work session.
[1:38:19] And it will just have to be a single topic. So it won't be a back and forth with the community.
[1:38:26] With us at Williami. Okay.
[1:38:29] Okay.
[1:38:36] That's all I have, Mayor
[1:38:41] So moved
[1:38:46] Aye.
[1:38:49] Hearing none, motion carries. This meeting is finally adored.