Planning and Zoning Commission - Special Meeting

I am Dan Martin, the Chair of the Kirksville Planning and Zoning Commission, presiding officer of tonight's meeting. Welcome to this special meeting of the Kirksville Planning and Zoning Commission. As a way to provide you guidance to our guests, we want to take a moment to explain how you might Expect this evening, if you want to participate tonight, we have 2 items on the agenda. 1 of the items before the condition was required and advertised public meeting. If we amend the zoning code that requires a public meeting. while all items before the commission will allow for open discussion before we take any action. We've printed the agenda and you've been given copies of the proposed revisions to chapter 44 zoning of the municipal code of the city of Kirksville. Lastly, if you choose to publicly comment, there'll be an opportunity to come down to the podium, identify yourself and speak at that time and we'll let you know when that time comes. So I'm calling to order a meeting of the planning and zoning on September 16, 2000 at 6.01 PM. Could we get a roll call, Teresa?

Mr. Hanley?

Yeah.

Mr. Hickert? Here. Mr. Hopkins? Here. Professor Dr. McLean-Miles? Here. Mr. Roth? Here. Mr. Thompson?

Here.

Chair Martin?

Here.

We've got the order of agenda, and everybody has a copy of that agenda. Is there any staff additions or changes? There are none. Okay. There are hearing no changes to the agenda. Can we get a motion in that second that we approve the order of the agenda?

I move. I move that we approve the order of the agenda.

All in favor? Got a motion and a second. We'll take a roll call, or excuse me, a voice vote. All in favor of keeping the agenda as published, say aye. Aye. Opposed, say nay. Hearing no opposition, we will move into the first order of business, new business, which is a public hearing on the municipal code revisions, chapter 44, zoning related to data centers. And we will call that public hearing to order at 603 PM. Can we get a staff report?

Good evening, Chair Martin and commissioners. A lot of what I'm getting ready to say is going to be by way of a recap. But just as a reminder and for those who are not aware. The City Council has requested that the Planning and Zoning Commission review and recommend zoning amendments which will regulate data centers. On July 27th of 2026, the Council passed a resolution stating this. The August 12th meeting of the Planning and Zoning held a study session where ideas were discussed and recommendations were made. Those recommendations have been taken along with a lot more research. I have talked with multiple states, with multiple cities, with multiple counties, with presidents, with multiple attorneys. I've attended workshops. Just to find out what everybody else is doing, I've had conversations with Cameron, with the associated co-op. and also concerning this belief we've taken all of these recommendations and compiled them into what you will be looking at tonight when you have made your recommendations tonight the burglars will be amended and then presented to the city council at the october study session on october 19th there they may choose To make further amendments, and it will be brought to the October. I want to start by saying the city has not been approached. We are trying to be proactive. What we are trying to do is avoid getting caught in a situation where, since it's not on our permitted use table, that by right development could be done. What that means is we don't have any regulations so they can pretty much do what they want unless it's restricted by another code. We want to ensure that any future development aligns with the comprehensive plan and protects the interests of the City of Perksville and its residents. At the July 13th council meeting, both city and county residents expressed opposition to that setup. They had numerous concerns. The most prevalent ones were water consumption, electrical grid impacts, environmental impacts, and potential health risks. I am going to say that those are all very valid concerns. The concerns can be managed and that is what we are looking at doing with this piece of legislation. You're looking at managing all of the concerns. I have also heard many people say they don't want gas centers here. And that would open the city up to legal liability. That is not something that is an option for us. I've also heard a moratorium suggestion. That could be done, but it doesn't address the underlying issue that we don't have any zoning regulations. What we are proposing is to stick with the into zoning that we discussed, which is heavy industrial. That is. a fairly tight area. The rest of the development out there are factories, so it would work when they bring use. It is away from residential areas. And another thing about any M2 development has to come before council. And they have to have a report from the county health department, fire department and planning and zoning commission. So that sets precedent right there for more stringent regulations. Our current and future land use maps also indicate that the end to area would be the best. We don't want to lose the small field. By being proactive in creating thoughtful legislation to address this. I think we can get things in place, which will protect the community's resources and health and well being of our citizens and add to the city's revenue and infrastructure. If 1 of the things council has been so very clear about. We want to be completely transparent. That is why we are having multiple meetings, public hearings, study sessions. And we want our citizens to be aware. We want the feedback. We want everyone to understand why we are doing this. I did include a picture of that zoning map. And the Bergen area is the entry area.

I think you've got copies of the map, and it's that reddish stripe towards the middle, which is Burgundy.

Reddish, yes. Pretty much, yes. Along with the proposed revisions, we'll go into those after the public hearing. But I know a lot of people have read this. I actually had a citizen email me. She found an error that I had made. So I'm going to suggest that be amended on the very last page, I believe, of those. And again, I pulled these from other locales, their verbiage. under community engagement. It should say requirements for data centers, not major data centers. Because we are proposing, as you will see, that we limit the square footage allowed. And that will be another thing that I propose that we add a separate line to it. And then the permitted use table suggestion. But we're going to add another one just to make it even clearer.

And you will add that?

We'll do that during this. I just wanted everyone to be aware of the data in their public comments that's noted and correct. and again what is decided tonight will go to city council at a study session when they will discuss it they will take action then on october 26th

Okay, thank you.

We'll get into the individual items. I feel like unless you want me to go over those now.

Why don't we take some public comment and then we'll be prepared to move into other sections where we, you know.

Perfect. I would ask if I mentioned something to you since we do have several that will probably be speaking. In addition to introducing themselves, did they have a sheet here that they could sign them?

Okay, this is the public input part and we start with those who may want to speak in favor. Data centers and anything about this ordinance revision. Come on down. Seeing none, we, oh, we do have one who likes to speak. Come on around, sir. And just state your name, and then there's a little big good sign there. My name is Mike Redd.

I'm the business manager of .

I was just gonna say We're all about keeping the money that these things are bringing to the community. We've had a lot of members that live right here in Kernsville, all the way down to Columbia, Hatch, Williamsburg.

if we decide to build something here and we're in the city we'd love to add opportunity to come to the lake for you guys keep the money locally what we're seeing right now is

restaurants motels are benefiting from it obviously but the majority of the people that live in the communities are not really getting what they value to kind of get at it so we would press for you guys to use union laborers with our city board contractors everybody is local we represent workers at truant state university we've got city of kirkville workers we represent workers at the united people out here a lot of construction guys in the area so

That's the one thing I really have to say on the matter. If you guys decide to venture out on this, we'd love that opportunity to come in and do your work and use the money at home. So that's all we have to do.

Is there anyone else you'd like to speak in favor of data center? Thank you. Now we would have an opportunity for those who might might want to speak in favor of this proposed revision to that ordinance. opposition, and you have the revised, right there in front of you, the proposed revisions to that ordinance. And if you have read them over, you can see the regulatory opportunity that we've taken to put some guardrails in place. It's not good for Kirksville, but if you want to speak in opposition, come on down. but so we have attempted to get upstream as diane said and we've examined um many many other communities and what they've done and in fact we've added more restrictive work come on up identify yourself and sign in there for us

Hello, good people of Kirksville and Adair County. My name is Christopher Price. I'm here today to speak on the construction of the data center and why I oppose supporting the creation of a system comprising of 4,000 to 8,000 facilities, ranging in size of medium to 20,000 to a hyperscale of more than a million square feet. Some stay on sites of 1,200 to 2,250 acres of viable land we can no longer access for hunting, fishing, farming, and everything that nature can provide. What if we lived in a way that was truly regenerative, not relying on something that thinks or generates a response for us that we believe without second guessing? To prove my point, I used the technology to learn different statistics for tonight. It is prone to having hallucinations and giving vague, false information people's emotions and opinions. Some people suffer psychosis, believing it to be a friendly ear who listens and is concerned, validating people's delusions of grandeur or providing a confirmation bias instead of sticking to hard facts. It sources what it knows from what is available online, which is often flooded by body counts, purposely spreading misinformation, people into separate camps of thought. It's on an algorithm programmed to keep our attention, rivaling that of a serious addiction. knowledge so we can better ourselves, helping each other along the way. But we cross a boundary when we begin invading our privacy, afraid of those who don't conform to your sense of normalcy. I'm tired of hearing the rhetoric, if you have nothing to hide, then why are you worried? Only to continually witness hypocrisy when not everyone is being treated equally. Why is it the poor receive less infrastructure an increase in the resources used to surveil and patrol. Meanwhile, the wealthy gain access with little opposition. I'm tired of feeding into the class war or anything that divides us from our fellow man. We are all human and deserve the same rights for freedom. What are we if we give our rights to access the land, water, and air we breathe, necessity of life, and the sake of creating cat needs to share our mind? Are we really going to give up our abilities to exist in the world around us whether it be their thoughts, water, or land. I don't want to see anyone suffer or struggle, and allowing these sites to operate will take jobs away, devaluing people's meaning in life, curbing passion for creation, needlessly wasting precious resources and peace of mind. These centers create a constant low frequency home from cooling fans and generators. 500 feet is not a sufficient distance, which will cause rising utility bills. Even if the city can't say no, I say we should. Meanwhile, they are getting priority and treated specially. Where does the electricity come from and how does it impact us? Where is the water coming from and where is it going? How clean is it? Any amount of pollution or waste is unacceptable. Does it increase air pollution? Odd timing for a cancer center to be built. Taking land and decreasing property values. What I find most disturbing all these things are happening and how we don't actually have a say or impact with the vote on this. Is this how we see our future? One in which we don't have a voice or a choice? We just ask for transparency. Thank you for your time and consideration.

And I remind everybody, we're talking about the municipal code revisions and not the actual construction Come on up and identify yourself and sign in for us please.

Calvin Kilmer is my name. I'll have to apologize because I just found out about this this evening. My question, are we trying to set things up so that we can prevent one coming in, or are we just trying to put guidelines so that we know they're going to come, let's just try to control it as it comes? Is that what we're doing exactly?

As Diane mentioned earlier, no one has approached the city at this time looking to come in and build a data center. We're not trying to encourage or discourage necessarily the building of a data center. We're just trying to give guidelines for if somebody were to show interest, how they could go about doing it. And keep in mind that the, if we were to just completely blanket state that you cannot build this in the city, then you could have something far worse being built in, say, the surrounding county where it will not be. Regulated at all. Could you explain to me how it would be worse.

Well, right now, it's confined. If we were to prevent something like that here, what would be worse than that?

Well, right now, what we're trying to propose is confining it to the M2 district, which is not going to be hundreds of thousands of acres. It is going to be, what, four acres? I think it's four-ish acres at most, whereas in the county, it could end up being hundreds of acres. Okay.

for the county outside the city limits is that i understand you are correct the city has no authority over the council i do understand that i just i i i guess like i said my forgiveness when i came to this meeting i thought this meeting was for all of their county

So it is strictly City of Kirksville? Correct.

Okay. I still have another question I wanted to ask. It has been a few years ago and I don't remember exactly what it was called. Is there a way that we can set ourselves up as an agriculture community and set that up in a way that we deter things like this coming even in a county, the city, anywhere? Is there some sort of nomenclature, a way we can work something like that?

Well, then we don't have jurisdiction over the county.

I know, but I'm sure that maybe for once we can get you guys to work together. You know, the county and city always go back and forth.

Maybe for something like this, we can kind of get together on it. Well, the case law that's out there right now is bans and moratorium. Inevitably, you do lose those and you end up paying better legal fees. And so we know that's not a good thing. framework to operate on at this point in time. And putting in regulations is our best bet. Yeah, I know. I agree. It's everywhere. It has research, and we've been working on this for six weeks to get to tonight's point, which could be revised by October.

And I apologize. I just learned about this today. I came in here with no knowledge. It seemed to me like we were trying to make things like we know it's coming, rather than preventing it. Almost like we're just gonna expect it, so if you're gonna come, we're gonna do it our way, rather than what can we put in place, unless people really want it. I don't think anybody really wants it. Everybody here's heard some of the news about that, so there's not really been anything good coming from it.

Again, if we were to say blanket state, no, you cannot come, it opens the city to liability, and this is a better approach than just saying just a blanket no. Well, I'm not talking about a blanket.

I'm talking about reasons why. If we could somehow put it into writing about the agriculture in this community, And these are our reasons why we do not want to welcome this in here. Is that possible?

I think it is somewhat addressed with the concerns with water usage and that sort of thing. So one of the provisions that's proposed is closed-loop systems so that they're not using an endless supply of fresh water, for instance. In a way, we're trying to address that.

That was going to be another thing that I was going to mention. I heard a good idea today that if push came to shove, we had to let something like this come in the door. Set it up so that, one, they cannot drill at any time. They have to use their own resources and not take from the surrounding resources. It's in the... I was trying to listen. I'm not far good enough to read the lesson at the same time. Well, I appreciate it. Thank you.

Good evening, Jean Crider, Franklin County, Missouri. So some of the things, I've already been through this. I've been all around the country interviewing people who have been living near data centers. I've visited the data centers. When a data center developer does come to town, they're going to court you. They're going to try to tell you anything, including about the closed-loop system. Please do your research on the closed-loop system, the blowdown, the fact that it uses propylene glycol and what that blowdown has within it. They'll take you to Alto Tuna, they'll take you to Papillon, or they'll take you to Loudoun County and they'll drive you around the building on the side where the wind's not blowing so that it's not loud for that day or else they'll have the generator turned off. You really want to be cognizant of that. You want to be cognizant of that. When you are talking about sound, you need to have an acoustician educate you about tonal noise. They need, you have to have the DBZ address, the DBC or the DBA addressed. Because this total noise, if it's smaller systems that this lady describes, many times those are Bitcoin in line operations. And that sound is a very high-pitched squeal, 24-7. And you're going to put regulations in place. A lot of these regulation people are based on an eight-hour work day, not living with them 24-7. Also, yes, they may say, we believe. Watch out for those words. Believe, possible, could be. Watch out for all those words. They'll say, we believe we can handle the energy. Do your research around the United States, the blackouts that have been going on. What was it? Indiana. How many days did they get their electric back? I think it was half a month that it was out. But the hyperscale demonstrators kept working. So yay, 10 centers. The gentleman who is vying for your business here in town, that is great. If you end up doing it, please employ that man. Because in every other town, they bring in their workers. They bring them in by the busloads. In Memphis, Tennessee, you do not want to get stuck on the road when a shift is empty and out of Colossus 1 building site, okay? They have them in buses everywhere, parking lots everywhere. Also, if you're a renter in Clarksville, you really want to be concerned about this because the moment they talk about a... Now, again, hyperscales and... commercial and micro scale data centers. It sounds like you're looking for a more commercial size data center. But you've got data centers all throughout this town. This college couldn't work without a data center. Data centers are not the devil yet. But those hyperscales will kill you. They will kill you with the emissions, with the water that they drink, even with the closed loop system. They will kill you with the tunnel noise. The tonal noise causes hypertension, causes preterm labor and low birth rates for babies, circulatory issues in elderly, and if anybody lives halfway close to it with an animal, animals will stop producing if they're producers. They will stop procreating because they lose their libidos, and then after that, when they can't get that sound out of their head, they are prone to self-harm because they are stuck there and they cannot get that sound out. If you really want evidence, I've been to all these places. I have video, I have audio, and I have aerial of all of it. But you don't have to do that. Go to a more perfect union. They have done a lot of documentaries on the people who are already suffering, and I have been and talked to these people. I have been to Memphis, Tennessee, where Ms. Lorena Thornton on Stacey Road lives right next to Colossus One, and she had to have her grandchildren leave. because of the noxious gas fumes from the generators that have been running 24 seconds since 2024. So please, at least employ that man because, oh, once the data centers come to town, all the people who are renting, they jack up the rents. You get a notice saying, oh, by the way, your rent isn't 800 anymore. It's going to be $1,200 a month because they know they can get it because these people are getting a lot of money for working on these hyperscale data centers. Just remember, the hyper-skills are not born of an organic need. Our commercial data centers, our micro-data centers are handling the computational needs of chat GPT, which you don't need to be using anyway, do the funny little cat needs, and everything else that we got. That's what those little things do just fine. Think hyperscales are more of a land grant. It's almost like futures trading as well. They're betting on what they're hoping is going to happen, not what is happening and not what is needed. Is my time up?

Thank you very much. I appreciate your time.

A question just before you get started. You can take a second to sign in, please. I do think it's appropriate to keep the focus on opposition focused on the specifics of this ordinance. How can it be improved? We are not advocating for bringing a data center to Kirksville. So if you have opposition or you have feedback, please try to address the ordinance at hand.

Those were ordinance addressed. I addressed the tonal noise. I drove four hours to get here, so I wanted to educate the people who were here. So I wasn't trying to go against what you're trying to do.

It is in our proposition right here, too. Go right ahead. I'm curious. State name?

Kay Beats, retired educator. I'm curious. Does your committee work with the Planning and Zoning Committee for the county, the county commissioners?

There's no Planning and Zoning Committee.

None. For the county? Correct. Okay. Can we as residents of the Garrett County vote on issues about this county?

If you're a resident of Kirksville, you're also a resident of the mayor's county. Correct.

So can we vote on issues? If it were put forward to the public, could they vote on it? Could they vote, say, about a data center? Whether they wanted one or not. If it's on the ballot. There might be something to look into there also.

Why not?

We vote on all kinds of things in this country. It's just an idea. Thank you.

Hi, my name is Lillian Martin. Looking over the proposal, I really like what we have to start with. This seems like very solid guidelines for if a data center came in. Kind of, you know, the best practice we have right now. I didn't see anything here in the The environmental performance standards, it says that known impacts on electric rates shall be noted. Do we have anything about rate payer protection?

Okay, we do have in the next session,

And they have to have a verification in the power provider based on their maximum draw that it is sufficient.

Section C, on the third page, begins at the bottom, environmental performance standards, and it mentions that any proposed uh we'd have to come in and deal with the ambulance for a certification before for the policy department i think i'm understanding

responsible for all. Yeah, that we didn't see our rates increase just because it was that long. Um, Missouri Senate bill 40 mayors did. Okay. Well, I wasn't until two months ago. 2025 is when it was passed. It states that, um, and it's dealing with the major centers, which is not something we were anticipating here. They are responsible for all of this. Amherst has a large loan payer in place as well. As far as... Let me look at that. I want to see if there is anything that actually does it out. We do have the statute in place there. Missouri actually has... probably they said one of these wrong things is looking into um protection for rates but that's it infrastructure, which that is where most of your rate increase comes from. I also think, sorry, now I'm doing what I'm telling everybody else not to do. I'm going off track. Ameren has told me, and if you look, it is a public file. They filed with the PSC, the Public Service Commission. They requested rate increase. And then they do that. They get a year from now, If you see a rate increase, don't automatically ask me to make that point clear.

If you'd like to speak in opposition, come on down, and you'll state your name, and then we'll start the clock.

Good evening.

My name is Joy. I'm a Curbsville resident.

I'm here to talk about some things we need to discuss before they break ground. We should ask for a disclosure of projected electricity and water consumption, an independent engineering review, proof of the cooling system, public reporting, drought protections, and protection for residential taxpayers.

you can come on in i was beginning to wonder whether or not this side or the back of the hall was a disadvantage in terms of getting to the place of call um can everybody hear me um hopefully i don't need this thing too much my name is larry miles i must first declare an interest my wife is one of your uh policy um commission members um and that was in important to say I'm also a correspondent for a British left-wing magazine which is sold in every British city as well as given to the unemployed free. So who knows where some of the useful information we've heard both from gentlemen certainly in favor and those people opposed will go. I want to say that I I thoroughly want to approve of the Policy Commission for acting, and indeed the author of our report, Ms. Ulbricht, for acting proactively. They didn't have to do this because there had been no application yet, and from what I'm hearing, more likely there is going to be one of these big monstrosities coming into this area. it is going to be through the back door of the county as a whole rather than here. I don't see, point one, why members who are elected on council or indeed members of this commission should worry about any kind of liability if they at least make a declarative statement At the next Labour Council consideration, they say that we are opposed generally to any attempt to use the back door to come in through this rural county and destroy our essentially rural town. Declaratively, that cannot be surely grounds for liability. If we may quite clearly understand, it cannot affect of the county. I can't see any problem on that. Secondly, I'd like to say that I'm most worried about the water resource protection should a special permit be permitted for this monstrosity should it ever occur. It seems to me that anybody who's lived here, and I'm assuming a lot of you have lived here for a very long time, my family has been here for at least 30 years, will know that water creek problems are one of the essences of our area. If we get the water creek mismanagement mismanaged again, and ultra-mismanaged by one of these monstrosities that the president approves of, then I think, I think we are in dire, plumbing and other possibilities of real harm, and I think that should be stressed, and I would hope that the commission, if they have to give ever a special permit under this section to enforce it very strictly and ask that the Missouri company be obliged to go with the Missouri Department of Natural Resources on this type of question. Finally, I do want to talk, since some people have talked about the general implications of this a little bit, why there is so much hostility Firstly, it doesn't need, Mr. President, a high IQ, and you haven't got one, frankly, sir. It doesn't need a high IQ to see this type of thing is absolutely abominable. And I would remind you that so much in humanity, I'm a historian by profession, So much has gone wrong in humanity because we haven't tried to think ahead. We let the internet go without any regulation. We've let this data provision center thing go so much that it's basically concentrated in 10 millionaires hands being all male, not female, not poor by any standard of the thing. So let's talk, and if you want a good precedent for this, think of Lord Byron, the poet, right? The poet legislator, who over a child's hand, died fighting for a group independence from oppression at his time. Another thing, one of his few, few contributions in the House of Lords was to question technology. the way in which carbons were making predominantly women work redundant in the Nottingham areas of Britain. And he said, any society that doesn't care for people rather than machines is not worth maintaining. Thank you for my time.

Presently in the state of Missouri, data centers are a legal business. And by right, unless you change the code, then they could go into any area and build. And all we're doing is revising the code to change that so there's a little more, hopefully, transparency to when somebody does a plot.

I also think it's important to note that we are a recommendation body, so what we end up recommending to City Council, you know, we're trying to, one of the points of the meeting tonight is to find out specific items that maybe you are in favor or opposed to. For instance, one of the things that you might be interested in is that the sound levels for most of these, most other ordinances within the state, these are like Branson, Camden County, Centralia, those have sound limits of 65 decibels and the most restrictive one is 50 decibels at night in Warrensburg. Now our proposed policy is even more restrictive than that. So if you are interested, if you're wanting to say I am interested in support the more restrictive thing, that's the kind of feedback we're trying to get. If you're saying I'm opposed to that, I think that, you know, Centralia, Warrensburg's approach is just fine, then you can state that as well. But, you know, we're trying to make a recommendation to city council so that they can take action on this.

And no need to speak to the sensitive setbacks also. There's 50 foot setbacks in other places. There's 300 foot setbacks in other places. And as ours is stated right now, there is a 500 foot setback. And there in this M2 industrial, heavy industrial, there is no residential land in that area.

Is that by the creek? Is that by a water source at all? the M2 Industrial out of curiosity? I'm not familiar with the M2.

It's sort of the Industrial Road. It's Industrial Road. Yeah, it's Industrial Road on Highway 5.

Oh, by Kraft? The train cornering and the Chevy dealership on the back side. OK. Over by Kraft.

Yeah, by the Kraft plant.

did anybody else like to speak in opposition to the revisions that we have put forward well our next person is coming up um okay sorry i was trying to you're not doing no okay i couldn't tell i was going to sign a sheet i did look in the proposed amendment to our zones under infrastructure impact analysis because i very specifically remember it does say that the elements which the developers would have to bear all costs of any upgrades you know anything like that it is ended

uh my name is casey boy i've been a personal most my life uh you might have just answered one question i had about the proposal here as far as wastewater if our treatment plant would be able to take care of any wastewater chemicals coming from a future data center or if it needs upgraded who would take the cost of that if that'd be the city or if that'd be whoever owns the data center And the other thing I looked at as far as like if there's a violation and any fines that have to be imposed on one, it says maximum amount allowed by Missouri statute. I guess I don't know if that's, if there's like all amounts listed there or if that's something that can be easily referenced. But how much are the fines going to be? Who determines that? If you look, I think it's

in E, which is on my papers, it's on the seventh page, and it speaks to a financial guarantee in the form of a performance bond, a locable letter of credit, escrow account in favor of the city of Kirksville shall be posted of 125% of the total cost of decommissioning. There would be leverage there.

And it's also updated every three years. So it's not just, you know, it's not, it might end up being more than that.

Would anybody else like to speak in opposition? Come on down.

Hi, my name is Lori Waddle, and we live in Adair County, but not in Kirksville. And so we are really concerned about what direction it's going to be going just for the whole county as well as the city. I understand that there have been meetings since last spring that the city has had outside of Kirksville to travel to Jeff City. Some of you may have gone, some maybe haven't, but we really knew anything about it. So I'm well aware that you have already been talking about it long before we knew about it. So my concern is, and honestly, the actual vibe I'm getting from you is that you really have already made your decision and that really what is in the works. I do have questions from when people have been talking and if you have answered. There was a comment made about the cost of the moratorium and the loss of money because of legal costs. Someone said that up here. Can you give us a specific example of that and where it happened? What was that? Someone said it. The moratorium, you said, is not a good because of the legal fees and then if you lose what you have to pay. Can you give us an example of where that happened?

Diane spoke to that in the beginning that a moratorium by itself would not change this code and then by right they would still be free to not, because there is nothing about data center construction in this ordinance. Prior to us putting in this wording, which if nothing else, it creates a regulatory structure that would help to follow up that.

So what I'm just going to work to bring

don't step that in, then no matter what. And the state of Missouri is really the, I believe, the sole person who could have the more authority.

i don't know i think i think the concern if i can restate it perhaps is that if we said if we requested to block it entirely then we could open the city to liability i think you mentioned that can you tell me an example where did that information come from that that might be a scare tactic for using not to use a moratorium because a moratorium is what holds off the data center until we can get all our packs together to make sure we're on the same page And we have then that whole year or time to put in provisions, which I know we have this right here, but to say that the moratorium is a scary way to go when actually several different communities have used that and it has helped them not only provide barriers or provide protection to the community in every area,

I think the concern was more for a total prohibition or ban would open us up to liability. But the moratorium, as I recall Diane was saying, Before we consider a moratorium, we need to get their regulations in place to protect us. And then we could consider providers.

She's shaking her head no to that. So my question is, is my time getting stopped when she or you guys talk? Because I have a lot that I want to go over that you guys have covered. So I'm just curious. Because I'm asked just the first of the things you said tonight I want to cover. So if you wanna talk, that's fine, but stop my time.

No? Do you want me to answer your question?

I'm happy to do whatever you want me to do, Commissioner.

Okay, I just brought the point up. The moratorium is something that's out there

the moratorium and you're unable to give me an example of where the Missouri Municipal League advises against complete ban of bench setters as a total prohibition introduces legal vulnerability for the city. Any moratorium... What was the organization that recommended that? The Missouri Municipal League.

Missouri Municipal Link. So do they, who are they, who funds Missouri Municipal Link? Probably people that might work for data centers that doesn't want the moratorium? Maybe. Okay, so did you guys have meetings last spring about data centers?

We are going to extend here two minutes. Okay. Thank you.

Did you, did you go and find out about data centers like last March, April?

I would assume that and we are citizen committee we do get information we've studied this for the last six weeks we've gone to best practices that we could find and we've had 80 page handouts that we've looked at and we've done our own research also by looking at other places and this is the most recommended best practices okay so in your recommended best

because I just got it tonight. But a lot of the words that are used are vague, like minimize your water quality, minimize air quality, minimize your electricity bill and everything. So it's pretty vague in terms of minimizing the concerns What do you minimize like is there a measurement on how it's going to affect our hair air quality or water quality, how much we're going to pay for electricity or the. The our our electric source will be available, I mean we use those big terms that's a concern for me it's in this it should be something that's more specific. And that's why I like the moratorium, because you could put a moratorium out for an entire year. And many communities have used that. And they have successfully laid out the parameters that's in their favor. And I think what you have here is Bay. Do you have anything about the environmental impact study that we've done for the environment around us in here? Anything about an environmental impact study? How we're in here, can you cite what that's going to be, and how it's going to be run, and who's responsible for it?

There is a second.

This document was available for the past week online, and it could have been .

Is it possible, could I request that one of the members

All I want to say is there is an organization in the state. It's Missouri Rural Crisis Center. And they have been going out to communities and helping them put together groups that can, like, it's a step-by-step process to develop a moratorium, to help fight the data center if you do not want one in your community.

I'm sorry.

I have this information at the back of the room. Thank you.

And I believe it's already been, just come on up and sign in. There's so many sizes of these things. It would be inappropriate to identify a certain amount of anything. Whether we're talking about a micro center, a commercial center, or there's not enough space available in the city limits for a hyper center. Okay, just make sure we can't have an exact amount of anything where you don't have, it's hypothetical at this point.

Hello, I'm Kyle Floyd. I'm a student here at Trenton State University. I'm not from Kurtzville. I've only lived here for, what, four or five weeks. But during these times, I've really come to love my school and love this beautiful city of Kurtzville. And there are some things in here that I'm very concerned about with the data center. One of the biggest would be the electricity use. The PGA and grid region, which is an electricity system serving around 65 million Americans, Power supply costs in that went from 2.2 billion to 14.7 billion. Around two-thirds of that was due to data centers. So I live in a dorm, so I will not be affected by electricity bills, but everybody here will be. In your proposal, you explain how data centers will have to predict their electrical usage. Does that sound right to you guys? It is, and... Article 8, the first line is the application for a special use permit for a data warehousing facility. How are they going to predict the amount of electricity they are using? That is a very hard thing to predict since data centers have days where they're using a lot of electricity and data centers have days where they're not using much electricity. And in part two, you say, any alternative energy generation systems designed or used to supply power directly to a data center shall not be considered part of the data center electrical use. So that is very concerning, that a data center could potentially use more energy than they said they were going to use. So how are we... I would also like to point out the Environmental effects of the data center. So, as you guys probably know that data centers use a plethora of chemicals to prevent corrosion or bacterial growth on their servers. They use foreign-handed gases for air cooling. All of these have negative health impacts and are extremely difficult to remove from the environment. So, if any late spills or improper wastewater disposal occurs, contaminants will easily enter the soil and groundwater. How do we hold the data center accountable for any environmental effects it creates? and how they remove these practically impossible forever chemicals from the environment if they do put them into the city of Kirksville. I do not see anything in here about environmental crisis management that these educators will have to pay costs might be put on the city of Kirksville, which probably does not have the funds to do that, or nothing will be cleaned up and it will have an extreme day of health impacts on us. So those are the two major concerns. In Article 8, we are talking about energy consumption, and then what are we going to do about controlling our environmental concerns with these.

That's all I have. Thank you.

That the moratorium is not a good idea because you spend other places in Missouri that have tried this and it's failed and it's cost. the city or the government. You need to plan it back. I mean, it's fine. But when you make those statements, you need to be able to be able to tell the people where that's happening at. And it doesn't sound like you can tell us where that happened. Let's go back and listen to the tape because the panel very clearly said when the moratorium has failed, it's cost taxpayers and the government emergency extra money. Again, I don't want to be suspicious of people because you guys are all local people. I know almost every one of you and I have huge respect for all of you. But it does, when you make those statements that you can't back up, it does lead to a lot of suspicion and a lot of concern that you need to be accountable for. And if you are going to make those statements, make sure you're making them based on fact. The other big thing that I have concern about that I don't see in here either is, so, you know, four acres, that's fine. It does control the size and the scope of that center. But what if that gas center comes in and they buy 400 acres behind them? Is the city going to annex that? Is that a possibility? What guarantees that that's not going to happen and cause further impact on the citizens of Perksville that's in the city of Perksville as of the appeal? just like my wife said you're going to mitigate they have to mitigate you know air quality and wastewater and all that stuff that's not quantifiable that's that's not good business you can do better than that if i could just make a quick note uh

At our last meeting, we actually did discuss some of the ramifications of possibly a business purchasing land around into zone and trying to do something like that. We, we have discussed that. And 1 of the reasons that we're trying to get this ordinance. Better defined is so that we don't end up with with those kinds of problems. So. Are you ready to come on?

But these are guaranteed the city's not going to hand it.

I don't know that at this point. But I also wanted to mention, too, that I could be misinterpreting things or maybe I misheard something. But I believe the claim is that if there is a moratorium, it doesn't actually address the root cause of the problem. It will need to be addressed. So a moratorium is not the actual cause of concern for possible liability with the state. It's that if there was no action taken, and we did not have an ordinance created, then the by right aspect of it could open us to liability. It's not the moratorium. So don't be concerned that a moratorium itself could be a scary thing. That's not, I don't believe, the concern. Well, the moratorium was being discouraged. Well, it's only being discouraged in that it's not addressing the root cause of the problem. We're trying to address the root cause of the problem tonight with this.

have a moratorium and do a much more thorough and better job and you could, you know, defer something that most people in this community believe is dangerous and not even the best thing for certain folks in this community. And Mike, in the spirit of everything, we are making a recommendation to city council. That would be an action that we don't even have in our permit. Go ahead.

My name is Craig Reckie. I'm a resident of Ladera County. not at Kirksville, but I do live in the Deer County. A couple things I don't want to address. Number one is the moratorium. They do work. St. Charles County, one of the biggest counties They put an effective year long moratorium on it. No lawsuits have been filed. No one's said anything about it. The basis of a moratorium is to put a hold on any applications on any industrial developments in that county. That's what a moratorium does. Rawls County in the Hanover area just recently was in the news. They put a moratorium on it. I believe theirs is six months. And the basis, the reason for a moratorium is to give that local government time to take their time to make the zoning or an ordinance pertaining to a data center. There's nothing illegal out of it. Moratoriums do work. We're trying to be ahead of them. I understand that, but it gives you time. Like you said, you can work on this for six weeks. I know there's a group of people from Kurtzville and their county that went to that speech or talk or whatever it was in Jeff City. as we followed you through the law too, other than just being given what you're given and how you have to make a decision on it. But that would have opened you up to more education to what a data center is and how to approve or disapprove it, how to regulate it and unregulate it. Like you say, if they're going to come in, they're going to come in. But the purpose of the zoning ordinance is to make it more agreeable to the people who live there. That's the whole purpose of this. That's what a moratorium does. It gives you time. Six weeks that you have, that's awfully sharp. That's awfully speedy. I appreciate this lady for doing all the due diligence that she did. But that's a lot to put on one person. And for her to come out and talk to you guys about it, that's a lot for her to have to do. And I applaud her. I've been in positions where I used to work where I didn't do that until Oliver. A couple of other things I want to address is, as we all found out in Adair County when they put the wind turbines in and they put the solar panels in, the roads were destroyed. Oh yeah, they're going to fix them, they're going to replace them, they're going to do it. They didn't. It was looked up to Adair County to address. I don't see anything in here about whether they're going to do the roads that they do come in. You need to address that. Another thing is the trash. Cedar Rapids, Iowa just recently had to walk at their data center development. 20,000 tons of trash accumulated in the first year of that development of your data center there.

That was in the county?

Correct, in Cedar Rapids, in Linn County, I believe it was maybe. So much that the landfill said, hey, we were projected to go for a couple more decades, but now we're going to be filled up here really quick. We weren't expecting this. Such is fact, I know Perksville does not have a landfill, but you send your trash to another landfill. Where's all this trash gonna go when they start accumulating it and building the data center? Have you addressed that? It would not be far-fetched to believe that RTS, which is one of your big trash haulers, all of a sudden says, hey, we can't take any more of your trash. Now where are you gonna put your trash? That's something that needs to be addressed. The other thing is, as an Adair County resident, this is all fine and well for Kirksville. What if they build right outside of your city limits? You have people that live right on the edge of your town. How is this going to affect them? What I'm bringing up is, this should be addressed not with just Kirksville, but Adair County. You should be working in conjunction with Adair County to prove that this doesn't happen. What are you going to tell your resident who lives right on the border of Perksville and all of a sudden outgays and says, hey, we're not building you a town, we're building you a county. And now this is the people who live on the edge of your town, they have to deal with it. And all you can do is say, well, we fixed it for Kerksville, but we can't do anything with Adair. You guys should all be working with Adair County. Now that you've got all this nice, it's all neat and put together, and hey, for Kerksville, we're saved. What about the rest of the area? you haven't given that a thought at all you should be having you should be having talks with the commissioners and then they're dying to address this 500 feet is nothing thanks for coming thank you thank you how many commissioners were at the july 13th meeting of the city council and that was one meeting you should have been talking to them over the last six weeks

We're the Planning and Zoning Committee, and this is where our emphasis is. Your emphasis is not just for the Kirksville people, but everybody on the edge of Kirksville.

There are ones that are going to get screwed.

Does anyone want to speak in opposition to the revision of 44?

I have a second question if I could. What's to stop somebody from labeling as a server room to create a loophole since it's exempt and any noise is too much noise and are they able to collect rainwater from our groundwater table? Are you only doing annual audits on their usage? And could we increase that to quarterly to keep them actually in line instead of giving them a whole year to put something under the rug?

I don't think rainwater is groundwater.

Well, I mean, it goes into the ground from the rain. So will they be taking the groundwater reserves at their facility?

We don't know because no one's applied. Diane, is there anything that you just heard there that you could address?

Well, when you say taking the groundwater, you mean like underground sources?

No, instead of letting the rain enter the reserves. Rainwater selection. Yeah, into the aquifer. And they use it. They collect the rainwater.

We do not have any code restricting the collection of their own rainwater.

Okay, that might be something to consider. since we need our own groundwater. I don't know how much they can take to use, but that could be detrimental to the environment. And if they use geothermal for heating, how far can they dig? Are there limits on that for heating, heating, cooling? Yeah, geothermal, where they dig underground to...

that's where we get into the conference okay uh your question on the server the definition is the definition of server room is in the definition section okay i think it's just pretty loose Within one megawatt maximum power.

Yeah, but what constitutes like a server room compared to anything else? Like it just is under a megawatt use of power. So as long as it's under a megawatt, they could label themselves as a server room. There's no other definition.

A server room all stands to be an accessory building.

So it could be an additional special use permit that would spell out exactly what they're asking for.

A server room is like what was being talked about earlier. It's an accessory use to a permitted use. So for example, Truman.

i'm going to call it a computer room it's something like that but there's no other limits on it other than it just has to use a megawatt maximum power demand so it could be as big as it wants or do anything there's no regulations on the accessory building it would be as an accessory it's it's not an accessory building it's an accessory okay

i don't want to go off i just want to ask a quick question because as i'm listening here i'm just detecting an awful lot of potential risk on the citizen side so if and when this thing is put through what are the benefits to the citizen side what are they offering

We haven't had any proposes at all, right? Can we even answer that yet?

Go ahead. Diane Albrecht is the city planner. And she has researched this far beyond six weeks.

And it's not just me. We also have the city manager. We have executive director. We have other city officials who have had input, our city attorney, the Missouri Municipal League. There has been significant research. You said, what would be the benefits? Of course, most people think tax revenue. That would be a benefit, the personal property tax revenue, the real property revenue. That would be a benefit to this city.

I already have both taxes.

Okay, you're asking, I'm answering. I just wanted to answer that question. Also in this proposal, talk about a community betterment agreement, which is where it is something that would be worked out on an individual case basis with the developer. Because we have not been approached by anyone. That is what most communities are doing now, is doing community betterment agreements.

I'm going to have to cut you off, please, if you want to come down and identify yourself and speak. All right, thank you. Would anybody else like to come down and speak to come on back down? If you'd like, we'll give you another opportunity. We are specifically just talking about the municipal code revisions to chapter 43 as was sent out. And it's now publicly available.

Did you all talk to anybody or go down the gate with anybody from Montgomery County?

Actually, they were provided the link that was one of the Missouri Municipal League links. They were at the data center somewhere and also at the outreach, or the outreach workshop that we had.

Okay. Were you aware of the county population being against the two data centers that they're currently building down there? They were filling up gymnasiums in opposition, but yet those things went through.

Just happened in Franklin County, people. Ten hours of meetings. Our commissioners just sold us out yesterday after admitting that they knew where this was headed. Dave Schatz, I have on recording, saying, I know where this is headed. One day we will not be able to buy, sell, or trade.

unless it's with evil or not we need some decorum please okay uh as far as the border for him let him sue us put one on there let him sue us stop do the same thing that large corporations do when one of the little guys are trying to sue them stop thanks james

Is there any other opportunity to speak at this public meeting? I see another person who would like to come down.

Hi, my name is Abby Ferris. I'm a Truman student. And I just want to talk about today I was actually talking with my landlord and my rent is being raised from $830 to $1,200. Imagine what's going to happen when a data center comes. It's already raising. We're already seeing the benefits. We're already seeing what the money is doing and how it's rising and how the economy sucks. So imagine what's going to happen when we get a data center. Like imagine how it's going to keep rising. Also, one of the potential benefits was private property taxes lowering, but there are so many residents, students, people that live in this county that do not own private property. We rent, so many people rent their homes and I cannot like stand here and be like, oh, well the private property tax of all the landowner owners, like all the landlords that are in Kirksell. Are we gonna get property breaks on the property that they don't even pay for and then the people are actually paying the rent to live in? It makes no sense. We're here to talk about rules and regulations about this data center, but the rule that we obviously want regulated is for there to be no data center. Thank you.

Do we have more comments from the...

My name is Abby Newland and I like others spoke at the city council meeting earlier in the summer. and ask the city council to implement responsible and proactive regulations and guardrails for the small industry zone regarding data centers within city limits. And that's what the city and the planning and zoning commission has done. And I'm appreciative of the comprehensive revisions that have been proposed. Thank you, Diane, because these resolutions do put our city in a much better position to control our local resource use, to services from high decibel levels These revisions do give the city the upper hand and much more control for when fish comes to shove and the center does try to come. Do I still have concerns and worries? Yes. Do I love the whole idea of it? No. But we can't control everything and we are very fortunate that the city does have zoning and that the systems are in place to be able to make these revisions quickly. And I'm appreciative of the efforts by all and the interest in being realistic and listening to people's worries about a larger center outside of city limits My ask now would be to the members of the planning and zoning people in this room to encourage landowners that live outside city limits to advocate for similar garden deals if and when they're approached by developers directly. The county does not have zoning, and there's no zoning board in Deer County. It's a property rights county, and the majority of people who live in this county want that. They like that, and so their neighbors do something they don't like, and then they don't like it anymore. The commissioners do not have the power to tell a farmer that they can or cannot sell their land to whoever they want. So we all have grounds to be concerned about our centers outside of the county. Is the micro center within city limits? Is it allowed on the island? Not really. My big concern in the county is at the mercy of landowners right now. And so I would hope that the people in this room are also putting this kind of pressure and giving, that we're getting zoning committee tonight, that we're getting the city council, that we're getting the commissioners. I hope that we're getting this kind of pressure to the landowners. Because really the county is kind of up to that, right? Developers are contacting them directly, private land sales, we cannot control all of these things. So I think the proposed provisions being tonight discussed, focused within city limits are a good example and a baseline for our community and those landowners to look at, for example, if they are the first-time developers.

There are counties in the state of Missouri who have put in conditional areas and special use permits are in place for that sort of thing. Would anybody else like to speak in opposition to these Chapter 44 revisions? We're going to give the last call. If you'd like to come down and make sure your voice is heard and we record what you've brought to this meeting, this is that public moment. You have one more minute if you want to get up to the microphone, please.

I have one more question. How can you guarantee that it won't devalue our property? And are there any protections put in place for that? a little bit just property values and how can you guarantee that they're not going to be devalued is there something that we have that any anything has been studied and how it affects other other towns other cities other properties are valued after something like this is built even a micro scale I think is We need further regulations. I would die on that hill. I think any of it is unquestionably wrong to have something that can be controlling us So thank you for your time and a lot of good effort. That's all I have.

Just one last thing and I'll come up.

This is Mike Waddell coming up for the second time. Sorry about that.

I forgot to say, I mean, I appreciate the, you look at the other buffer zones you say are 50 yards or 50 feet. You've done 10 times that. I mean, that's something. but on the other hand you think about 500 feet that's less than two football fields and i just wondered if anybody on the panel or anybody in this room would want their house and their yard and their kids playing less than 200 feet from that i think the 500 feet is just not acceptable here to address those concerns i think simultaneously we are trying to restrict this to m2 so it's a very specific industrial zone

So how many houses do you want next to an industrial zone in the first place? Right.

Exactly. But if someone developed a housing development on the bad side of it, you couldn't prevent them if there was still city space on the bad side of it. You could not prevent them building.

Knowingly building next to the ditch.

That's right. Housing development. 500 feet is not realistic.

In a lot of cases, that's up to the developer, too. If somebody wants to build a house next to a desert, that's their prerogative.

Yeah, but you have the opportunity to ensure that doesn't happen by changing it from 500 feet to a half a mile or whatever you want it to be. I mean, that's what I'm saying. The recommendation should not be 500 feet. It should be significant.

But, Mike, we couldn't. What this would do is if there was an existing residence, then it would have to be spaced away. and the properties available that would not fall into the category of this setback i'm not following it's a hypothetical i mean um right now if that property becomes available in that 500 foot zone that isn't owned by the city uh if somebody chooses to build in there right i get that that's not what we're talking about no i get that but anywhere else i mean it just makes sense it could be much

It could be expanded significantly, and there's no harm to anybody by expanding it. There's only a lot of better safe for those involved. So because when you think about the House of How long would a student or someone new to town look for a decent place to rent at a reasonable price? And so if there's housing put there at some point, people are going to rent it. It's cheap, but it's probably not their best interest. I'm saying the city can do something to protect those situations if they want to.

And Jeremy just pointed out, that probably falls into a special use table. That's already out there. I don't know that Diane, this seems like a reverse kind of way to approach it.

I'm just saying consider expanding to 500 feet. That'd be a simple thing.

I just wanted to mention, and perhaps I'll regret saying this, but so this falls under a special, anybody who would want to build would need a special use permit. And anybody seeking a special use permit would then have to come back to Planning and Zoning to get it cleared. Now, I don't want to dig up this again, but we had a year or two ago, we were talking about the new hospital, and I think there was a lot of animosity towards planning and zoning because we were suggesting that the current plan wasn't good enough. And let me just explain one of the reasons why I was opposed to the plan that came across. There was no plan. They were asking for an inappropriate zone. They could have been processing industrial waste with the zone that they were requesting. We asked them not to do that. We asked them to come back and use the appropriate zone. But then they also didn't have a plan at all. And we've seen anything from just a homeowner who has drawn their house on a piece of paper and that we're happy to take that as a plan. You don't have to have a multi-million dollar blueprint, but the hospital did not have a plan. So my concern was that there was a residential zone right next to the zone that they were seeking to build on. And I said, what happens if they decide to build A helipad right next to that house. I'm not okay with that, right? So they we were encouraging them to build smartly bring a plan And so this is a different code in a different code And so we're asking them to do this under special use permit, which anyone wanting to build would need to come and get Special approval just to build. So again, we're not really seeking to encourage building a data center If anything, this is quite restrictive

go ahead one minute calvin all right i'll keep it there i just want to ask

I'm just kidding. In June, I was planting beans, and there were a helicopter flying around with this almost, just this really big off gang. And I don't know if you guys know, but would that have, did that have anything to do with leading up to this meeting? It was in the county, so I don't know if you guys would know.

That had nothing to do with cleaning up.

No, I was just asking if you guys knew what that was. There was all kinds of rumors and things. I wasn't going to mention anything about it, but I kind of forgot about it until this meeting came up. Like I said, I just found out about this meeting. Do I apologize or not?

It's your Department of Conservation.

What were they doing? Yeah, so like Dan says, that was the Conservation Department, and they were mapping out groundwater resources. Do you know why? They were mapping out groundwater resources. Yes, but do you know why? Oh, because that's what they do.

That's what conservation is. Conservation, they do many things like that. I understand. I'm just asking if there was a motivated reason. I'm not saying it's because of this. I'm just, I don't know, and I'm not saying that you know. But I think you...

I guess what I'm trying to articulate is that that... did not have anything to do okay that's what i was asking because i don't know and i didn't think anything about it because i'm just out there in the traffic yeah no the the dnr produces all kinds of useful uh gis data layers not the dnr okay yeah yeah so so they have they have uh groundwater resource maps, they have LiDAR maps, they have all kinds of magic, so it's purely a Native collection after all.

I was just curious. Thank you. And if you guys don't mind, I don't know if there's anything to this. I've always heard the jokes my whole life, the city and county don't always get along. With something like this, I just, you know, guys really work together. I don't know. I just, you know, it's always been a joke I've always heard, so I just...

we would extend you another minute to make a point.

On your architectural and site design standards, I notice several- What's our number on there? Section four, article eight, sorry, article 13. It's under 44-461, exceptions by special use permits for data center. There's not a page number on it, so I don't...

It's one, two, three, four back. Section four, article eight. It's my third page. I think it might be here. Yeah, it's under 44-461.

Under B, where it says architectural and site design changes. I'm just curious. Item one says data warehousing facilities shall include. Item two, the entrance feature must either project or recess. Data warehousing facilities shall include. But then when you get down here to number four, always, yes you will, you should do this, you will do this, you will do this, you will do this. And this brings up the point where people living right on the edge of the city of Curbskill and right adjoining Adair County. Number four says a city may require landscaping, screening, berms, walls, decorative fencing materials, similar measures to reduce adverse visual impacts from fencing equipment, yards, generators, substations, and related facilities. May require. That should be should require. Why are the other things up above here? You shall include this. You will do this. You must do this. You must do that. We'll come down to the people living next to these things. It says may require. Well, may require means, well, we didn't really want to push it. It should be shall require. That should be a given. May should.

That's what I'm saying.

You should be taking care of looking towards people who are going to have to face this thing. I know. And it should be shall require. That's what it is. Not may require. May means, well, we could tell them to do it. Maybe we're not going to. It depends on who's in power at the time. Not all of you will be here when the data center comes in. The city council people will not be here, may not be here. The city manager is leaving herself, so she's not going to be here. But what I'm getting at, it should be shall we park. Try to hide this stuff.

The point is well taken, and I agree. We can always change some of this wording in our recommendation.

Please do it for me. Thank you.

Would anybody else like to come down and speak? We're closing the public meeting at 7.34 p.m. Okay, number two on our agenda.

I just want to, before we get started, I just want to make a quick note about sort of a Robert's Rules of Order sort of situation, because I think a lot of people get concerned about what people say and that sort of thing as we're approaching this. We have to make a motion to put it on the table for discussion, okay? So we're not necessarily, there's a step after we make the recommendation, so don't get too concerned with the

very next step that you hear that's all and the motions are stated in the positive okay just making sure you understand that um so item number two on the agenda is the municipal code revisions the municipal code revisions chapter 44 zoning related to data So I'm going to use that recommended motion.

Recommend city council approve revisions to municipal code chapter 44 zoning.

Can we get a second? So we have a motion and a second. And now we're going to go to a staff report.

Thank you. Most has already been talked about in the staff report. I do want to emphasize that these are guidelines for us. I think they're fairly comprehensive. We can make amendments. I did notice some things people commented and many of those things are addressed within these revisions. So I think as we go through them, maybe some And I want to clarify 1 thing, because I think there was a misunderstanding during the public comments. I want to ask what benefit it would be to the community. the personal and real property tax revenue. And that would be an income source for the city before I went on to talk about community veterans. I did not talk about taxes over the data. I just wanted, I did not want there to be misunderstanding on that. Anyway, on our proposed revisions, let's just, I'll quickly go down them. If you need more detail, we'll go into it. If you have questions.

Does everybody have a copy? Did you pick up a copy of the proposed revision? We are going to go, probably not going to mention every word there, but there's section one, section two, and then there's breakouts within those, and Diane's going to go down that. It does speak to all the regulations. No tax incentives at all and other special features that are different

Okay, well, the bold are the new language and strikethrough is the thing that would be deleted. I don't believe there's any of that on here since it's a whole new section of code. Obviously, we had to have a definition for a data center. Ultimately, it doesn't matter if you're a health facility. This is a broad definition that covers several different types of activities. And that was intentional. Data center accessory use. That would be administrative buildings, any substations, any comp stations, et cetera, et cetera. We do define the noise. Decibel, we'll raise for that one. It's the teen or the major. Manufactured, engineered, non-residential unit. Menus is what they're called. That would be like the trailers that come in and they're used as basically small data centers. So that's pretty bad. Maybe not shipping containers, obviously. Maximum power demand. This is important because there was asked, well, how can they estimate, you know, even if it varies from day to day. That is correct. That is why everything is based on the maximum power demand. That is what they have to submit to the energy company. It's not so much the daily usage. It's like, what is that going to be? That's what most of the ratings are on. And of course, the daily usage would be billing as well. And waste disturbance. A public impact agreement, something that we can require them to sign. Purpose of protection to help safety and well for the residents. Renewable energy. That being not electric, that was also brought up. We're talking wind, solar, geothermal, or other non-depleting sources of renewable energy. Server room, we already talked about. Stay on pressure level. but the way the decibels affect you. And yes, there are vibrations of different pitch. The pressure is different. Okay, we have to put data centers on the permitted use table. Everybody I think is in agreement that they will only be in M2, the special use permit. And that's why there is an S under M2. I have under there, data center or data warehousing facility less than 250,000 square foot. And that is something that I got the impression from the commission that she wanted to regulate. So that's kind of on the small and relatively speaking as far as a lot of data centers. Then we go down to the actual verbiage. Data centers and menus are only in M2 and only with a special use permit. The special use permit will be issued in the name of the property owner and it is not transferable. If it settles, they have to go through the whole process over.

I think that's an important step right there and because there have been blinded or shadow organizations that buy the property and they shield the real intent so that particular part of this is whoever gets permitted is the only one

Data center facility. This is not on there, but there's one thing I said we needed data. I was asked because I have less than 250,000 square foot on the permitted use table, and I can see where people say, well, what if it's more? Well, legally, we don't have to say that because it's on this, but to be very clear so that it doesn't get lost, I think we should amend that to say data center facilities greater than 250,000 square foot shall not be permitted. And in that way, there is no doubt. Height. The maximum building height, including rooftop or paperlands, shall not exceed 75 feet. M2 and M1 say 100 feet. Based on Council Member Hanley's question from the last meeting, and I did some research, I'm also going to look at later on getting that amended. But we don't have more than 75 feet for our fire equipment.

So thank you.

Exception by special use permit. um in addition to all other provisions of the zoning code and this is only a very small section of it the following restriction mentioned conditions shall be followed oh wait no let's back up step back the minimum debt for the front side and rear yards here is where we said 50 if it's close to an over here on special use permit if it is near residential 500. if it's two factories side by side, but if it's within 500 feet of any residential district or residential use. So anyway, the setbacks there on data centers. Over to exceptions. Okay, the developer has to submit a site plan prepared and sealed by a professional engineer And it lists the minimum distance from residential for both the facility and any equipment. Architectural and site design standards. That we went over a little bit earlier. Just a difference in the slide. And entrance. Architecture elevations of each building based on the plan. Security fencing and screening. They need to be securely dense. And we go on to define that a security plan. They need to have a security plan on this. And the reason we say we may require landscaping, screening, et cetera, not shall, but we may, is because in the entry district, there is not another house. There that's going to be looking at it more than likely. Now, if it's in an area that's forward-facing, yes, we may want to require it. It's an option that we have. Now, if you choose to change that, of course, you can recommend that. But that was the period behind it. In M2, there's nothing close to it. Environmental performance standards. Energy efficiency. They have to have an energy consumption and electric grid impact study demonstrating compliance. With verification that they have calculated the maximum potential electrical consumption that the proposed use and verified that the company can handle that. It's called the willingness to serve better. That it can be accommodated even during peak production. No impacts or availability for other uses directly attributable to the data center shall be noted. Here, there was a question about the alternative energy generation system. That would be if they were trying to do like wind, solar, geothermal. We talked about that earlier. Okay and that is separate. It's a separate system and it needs to be approved according to the zoning regulations applicable to that. Water resource protection, minimizing impact on consumption, wastewater, stormwater. Submitted water usage and conservation plan detailing all the water uses and identifying daily and peak water demand. Only closed loop cooling systems or comparably water efficient systems. Technology is changing as we speak. If something better is available, yeah, they have to use that. A letter of intent from the municipal water supplier indicating a sufficient supply is available. A letter of approval from the municipal utility provider and the Missouri DNR regarding the management of wastewater and stormwater. They are prohibited from obtaining water from on-site wells. But that's already in the city code. Nowhere in the city of Kirks Hill can you drill a well to get water, hopefully. We're just making it very clear here. Or any surface water source. Air quality and emissions, the same. Minimize the impact. Submit an impact report. Emergency generators and their diesel, they have to be Tier 4, which are the ones that have the highest certification. Testing, limited in frequency, timing between 7 a.m. and 5 p.m. We may require additional emissions mitigation measures where necessary to protect your mic areas. So we have that option if it's needed. Noise and vibration, again, minimize the noise impact. Submit a sound and vibration study and a report prepared by a professional engineer. This is in phases for a reason. First we want a preliminary study, what they're anticipating. Then we want one to be submitted during the building permit approval process based upon the building plans. Anything that we see that looks like it's going to need more screening, clunking like that, they need to correct it then. A completion study to be conducted and submitted prior to issuance of the certificate of occupancy. They have to submit it before we go ahead. And an as-built study. to be conducted and submitted six months after the issuance. Just to make sure that everything's going like they proposed it would. Acoustic screening or sound attenuation measures shall be required to not exceed 55 decibels of the property line. That is during the daytime. So nighttime you can get a sound level of 40 decibels, and that's as recommended by the World Health Organization. Which again, is lower than many others have. We talked about where you measure ambient noise levels. If it's a steady pure tone, it reduces even further. uh, emergency power during a power outage. Obviously, it says, you know, we recognize that that's not going to apply. However, the required sound studies shall evaluate and report the anticipated decibel levels when all emergency power generation equipment, including backup generators, is operating. Again, this is going to come in And at that time, it's like, oh, well, that's not really going to work. We need you to do this. Heat microclimate impacts demonstrate measures to mitigate excessive heat generation. Lighting. Again, there's no residences out there. but they have to have a plan, automatic plan. Lighting has to be aimed downward. Restrictions will be established for each individual facility and will be required to be in place. So depending on where one was built, we could vary how it came to be. Okay, this was mentioned as well during the public hearing. Infrastructure impact analysis. The applicant shall submit documentation demonstrating adequate electric, water, sewer, and transportation infrastructure exists or will be provided without adverse impact to existing users. The applicant shall vary the cost of that analysis and any subsequent upgrades and modifications. It's all on them. Prior to issuance of any building permit, they shall enter into one or more rent agreements with the city, like a performance contract, providing for payment, reimbursement, escrow, bonding, letter of credit, or other financial assurances as the city deems necessary to ensure that that infrastructure is completed. looks like it's going to be a problem with the roads they're going to have to put up a long or an esper or shirley emergency management plan the applicant shall submit an emergency management plan for review and approval Reporting. All reports we do have down here annually, energy consumption, water use, lighting, noise, generator, biometric data protection, and continuous vibration monitoring.

Excuse me. Yes. What annual report would be the estimation of air pollution?

I do not, none of those would. I would have to check into that with the attorney to see what could be acceptable. Any change of ownership, material changes, or expansion will require application for a new special use permit. And again, that just further wraps up what we had in there earlier. we have right for inspections and access. A decommissioning plan, this is something that I know not all of them have, that have been a lot to me, that I realize some don't. They have to submit a plan prepared by an engineer at their expense. A decommissioning plan is they cease to operate. a schedule for dismantling and removal, a mitigation plan for evacuating contingent and disposing of any hazardous materials, and a detailed site restoration plan, and a cost estimate. Before they get that special use permit, they have to put up 125% of the total estimated decommissioning cost in like performance law, letter of credit, or escrow account. And that has to be updated every three years. And when is it abandoned? Here we've been in a period of six consecutive months. A need commissioning must commence within 60 days and must be complete within 12 months. And if they fail to remove it, then we can use that security and step in and have it removed. Violations, fines, and permits. This is saying that there will be a daily fine after a 14-day cure period. And they have 14 days to get a daily fine. 30 calendar days after the violation notice, if uncorrected, the special use permit will be suspended or revoked in a cease and desist order issued. All operations except necessary to restore compliance. And probationary period if that were to happen it would be reinstated then they're on 180 day probationary period and the fine would be the maximum allowable by state law by the Missouri statute What did she just say? Okay, sorry. The fine would be the maximum allowable under the Missouri law, Missouri statute. That is not something we can arbitrarily set. And then we go on to state that they have to disclose all parties with ownership. No data center would be eligible for any city-led tax incentive. Council was very clear that they were not in support of any tax incentive. They're not eligible for property tax abatement as far as what is owed to the city. And just like everything else, we cannot control what the county does. But anything out of the city, they're not eligible for property tax abatement. They cannot be included in any special tax district. Community outreach requirements. Here's the other thing, and this is my fault. Whenever I brought it over from another one, Major was still in there and appreciate the person who emailed me and told me. So anyway, we need to strike Major. They have to conduct at least one public meeting after normal working hours, provide notice of the meeting, uh, property owners within the area and adjacent neighborhood public agencies and other parties. They have to provide the City with a summary of public comments received and any proposed responses or mitigation measures. allow a public comment period of at least 30 days following the meeting before submitting an application. If a majority of key holders of interest or property within 185 feet, that's the notification area, sign a verified petition against their request, the Planning and Zoning Commission and the City Council shall be required to approve the request by a two-thirds majority of the members present. And then it goes on that the city reserves the right to hire, and this is a big thing, it doesn't say a lot, but if there's anything we're questioning, the city reserves the right to hire independent professionals that specialize in whatever discipline is needed to review the studies and plans. If you think that's necessary, they have to the applicant, the developer has to submit a deposit of 125% of the review estimate so that we can have it done. It's not even going to cost the city any money to review it. It's a way of business. And the city may require the applicant to enter into a public impact agreement addressing mitigation measures, infrastructure improvements, utility impacts, emergency services coordination, and other public welfare concerns. And I know that's a lot. And I know I've looked at it for a long time.

So. The next item on here was the zoning map. Yes. And I say we move into that, and then we'll have commission discussion, and we will allow for one more opportunity for citizens to know where we're going.

Okay, the zoning map. Everybody that got a packet has one. Sorry, I turned around. The strip in the middle, which I refer to as Burgundy, Dan's, next to Turn Red. This strip in the middle, in the end too, that is heavy industrial. What's out there already is like Kraft Foods, Cindeo, Victory Metals, Hartswell, Hardwoods. There's not much vacant ground there. And then there is some on the south side, the north side, Okay, south of Highway 6, the north parcel, that is city property that has already been determined to fit, they're working on fitting the fire station, yeah, the storage and all that. And then the rest is very small tracts that's already occupied. So practically speaking, it would be this part north of Highway 6. and most of it is already occupied. That is the only M2 zoning we have within the city. There is one house that's across Industrial Road. It's closer down by craft. But again, that is all. There's no residential there.

Is that off Wright Creek Road?

No, that's the Army Reserve. The house is, you see where it says road, industrial road? Okay. Everything else around it is only M1 or MP1, like industrial, or C3 in the far southern tract. So there would be minimal contact with any residential or, yes, a good building, commercial district, but it's not really there. And the zoning is present.

Is that just a discussion we would have at this point? I know we're going to get a little uncomfortable.

So property owners within 185 feet of the property request, they sign a gratified petition against the request for a special use plan. But it's still possible for planning and zoning and the city council to override that and approve it by two-thirds majority. That makes me a bit uncomfortable. That's the interview.

That is standard, and it's in several other special use permits in the code. Yeah, the decision's ultimately up to anybody in the city council. But that is standard. It's also in communal houses, like communal houses and frat houses. There's a few instances where that is the exact verbiage.

Yeah. That's another part of it already. When we had the hospital, every single landowner who orders the property that we're changing the zoning on was in opposition.

It was 100%. to it from C3 to C1, and they presented a plan, and they reduced the number of acres. We did influence the outcome, and it changed. And once again, that is in the code already. This is not new wording. No, I think it's already in there.

I call it the third from the last page about the annual energy consumption reports, et cetera, et cetera. Would it be appropriate to make those semi-annual or some of them semi-annual? I'm just saying that's something to consider.

And I heard that too. And I thought that something more frequent special use provisions if city council requires more frequent. More frequent than annual. If there was an issue and they wanted it addressed, City Council would request one of these annual to be come out. We'd like to have that information in 60 days by the next City Council meeting or something. You know, a provision like that, would that seem like an answer, sir?

Well, if you even say the following report shall be submitted no less than annually to the city of Kirksville, and then this report, that would be an option.

Which would allow enough to still make 10 more months, because we just gave you information that you didn't like. And I mean, you know, if you're going to do that,

No less than... Annually.

In the paragraph above the specific report, or the line above that, it says the following report shall be submitted annually to the city. Okay? Uh-huh. Can we adjust that to say no less than annually, which gives the city the option to crank it down a little bit if they feel it's appropriate?

Yeah, and we can also put a line in there that says, you know, the city reserves the right to request quarterly or bi-annually.

We struck the word major. have to amend, right, will we formally do that file?

Yeah, we can do a formal amendment to make the changes as discussed regarding, yeah. And also, I would like to add in number two, section three, item number two, the data center facilities. greater than 10,000 square foot, the water you determine shall not be permitted. So that would be the part of it.

You would add a subsection E?

Sure, yeah. Honestly, I would probably put it up to the height, but yes, it would add another subsection.

How do we do we want to if we find something that we would like to amend, should we try to do this as we go? Or what do you think the best purchase is?

Well, I think the best approach would be for, I mean, if you are taking amendments and I've got them going here, go along, we'll note exactly what you want amended, and then make a motion to amend.

Item by item? Yeah. Okay, that looks good. John, I would like to... Yeah, the only thing that I would say is perhaps we should put something in here requiring any labor. I'm sorry? Local labor.

Use of local labor.

Prevalent wage are we talking about?

I'm talking about requiring that the company building the data center employ union workers. That's what I'm...

Real quick while I have the mic. Union could mean anywhere, union. So I think, are you interested in saying local union or local labor?

I would prefer local, but union is union.

I think we have some folks joining us through the online platforms, right?

So by saying that it's union, that is also local. I am wondering if that is bumping because

I would honestly have to check with council on that. I'm not sure that we can dictate who they hire. We can say, you know, you use local labor to the extent available or something like that. But I would have to check.

I don't know if you can do it if it's not government-related. If it's government-related, you can regulate that, but I don't think private can do that.

I would have to check with council on that. Yeah, yeah. I mean, the city does require that if you get an addition built on your house, it has to be a licensed contractor, so you do have the ability to dictate things like that. I mean, I don't want to make a big deal about it, but we do have a business license in Kirksville. What I'm trying to say is the city that is an example of the city putting regulations in place which dictate attributes of people that are employed in the construction process. That's all I'm saying.

Were there any other? So maybe that could be revisited before it goes to council.

Well, I was going to say that's something whenever I can check on that and whenever it goes to that study session, I can let them know what I found out. Okay, very good. Because council could possibly make amendments to your admission.

One of the notes that I have written down is, let me find out where it is. So it's under Section 4, Article 8, and then all the way down to... All right, so let me put it this way. So above the annual energy reports, all those annual reports where we just were, at the very top of that page, it said it talks about infrastructure impact analysis. One of the things that I noted was, so it talks about electric, water, sewer, and transportation infrastructure. I assume transportation infrastructure primarily focuses on cars, roads, that sort of thing. What about any waste? So you got electric water, sewer, hazardous materials, that sort of transportation of trash. Somebody mentioned trash, and so my thought process was transportation of those sorts of materials that would fall under waste. Yeah, waste. Waste is not noted here basically. this is infrastructure so you're are you talking about infrastructure infrastructure it's the waste part of infrastructure removing waste basically and i don't know i mean that might be covered under things like transportation because you know waste removal requires trucks right so perhaps it's already covered but like jerry was saying right there applicants shall submit documentation that they haven't adequately

Take somebody declines that the landfill won't take that we don't know that that issue has been addressed.

The closest ones buried Missouri, the closest landfill. That's where all our trash goes to. They could deny

I think we've identified a couple of things that could improve this document and doesn't openly amend the intent here to print new regulations and impact this ordinance in the public.

The young man who spoke, the student who spoke towards the end of input mentioned our need for environmental crisis management. Does that imply that from Part B, the reports could be collected by a specialist or someone who could do something to that effect? Okay, who would handle all those reports that were similar.

Could possibly, it would be a life and Missouri licensed professional that. We can put that in there. All reports shall be prepared by a Missouri licensed professional engineer and considered public record.

For the purpose of environmental crisis management.

Oh, okay. I just meant for all of the records. Yeah. Okay.

Yeah, that's a good idea.

We will have one last opportunity for citizen input after we're done with this segment. If you're thinking of something and you want to step down, we'd do it that way. Are we pretty done discussing what we'd like to? Okay, and then what we would need to do is, I think we need to amend the areas that, and maybe we start in the beginning, and um propose an amendment to each section that we work to we'll get a second and they will strike the and add and we will we vote to approve each one of the amendments as we go or do we want to collectively come back into what uh i would suggest

an amendment because we've already got a list of them amending each segment section 44 to add as center facility size and then just going right down so we will propose there's not a whole lot we'll add to the proposed revision and we'll say section two item b

Stripe add and then we'll go to the next one and then we'll vote collectively on the amendment. Is that acceptable? Looking at Ashley back there, I don't know. If we amend, do we have to amend line by line or are we OK to add these amendments and then list them? And then. Yeah, one motion. Yeah.

Just, I moved him in, and then we'll go down and add these things. You know, we wanted them.

so i guess we should start with maybe uh just to give you some structure does anyone have any proposed proposed amendments to section one which is a very short opening chapter seeing none i suggest we move on any any uh amendments to section two this is the Definitions section.

Hearing none, I suggest we move on.

I think that was where, sorry, I'm not trying to know. That's where you had mentioned adding in the square footage at a Senate facility. Is that section three? Section two. After the permitted use table?

That's section three. That's section three. We're getting to that one next.

Anything on Section 2?

Okay. Any...

I'm sorry. Just so I make sure I get this right. Can we hit pause? Mm-hmm. I can't see what... That's a nice smile. Number 2 was for that. Okay, so...

okay so any amendments to section three and this well this one's only the bottom half of that page so any any amendments to section three i believe that's yes We want to add an E. Section 2E? Yeah, in Section 3, Item 2E, which we would add, that says data centers, warehousing facility will be less than 250 thousand square feet or greater than 250 000 square feet will not be permitted data center facilities greater than 250 000 square feet shall not be permitted correct okay that's how we're that's the amended is to add an e in that situation and we need a second for that as well so that's a motion and a second and we're i'm sorry who's second

I think we will get all of our amendments together, unless there's something really dicey, but I think we can get all of our amendments together and vote on it as one.

Well, we can do it all as one. Yeah. Well, then we'll just vote on it instead of doing a motion. Well, I think we need a motion on putting the amendment.

It's going to be a medical word. Yeah.

Any other amendments to Section 3? Section 4 is the big one. It's like most of the rest of the packets. So, amendments to Section 4.

I think it might be strengthening the language if we did change in certain places.

May is something to change it to shall to make it stronger. Have I heard that?

Yeah, we have people joining online, so the mics help those days.

I just suggested that we substitute where it says may by shall or will to make it stronger. Oh, sorry, I'm thinking more at the end of number three, towards the bottom of the page, and number four. Section four.

Betty, the only thing that I've heard Diane say is that there were two small micro centers right next to each other. the proximity you're building to require landscaping. Is that what I did hear you say before, Diane, which is a different perspective.

You were talking about may require landscaping, screening, or quality.

May means it's the city's.

It's at the city's discretion. If it is, shall we say, forward pacing, where there's going to be people seeing it a lot, then we could require that. If it's on the back side in between standard registrants, and I don't even know the geography, so don't quote me on that. But I'm just using that as an example. Then we need to do that. So it's at the city's discretion.

That means the city's making that decision. Yes.

We could have one.

I guess my only, we're not really in discussion here anymore, but my only point on this might be that landscaping specifically like vegetation helps cut back on things like emissions. So if we were to require landscaping of vegetation rather than screens, then that could potentially help with the environmental impact.

If anybody would like to make that motion, then you're welcome to.

And again, these will all require a special use permit. So as these things come up, they will have to come to us again for another vote, basically.

And they were told in the regulation that you may have to do that. And they will say, yes, you do. This situation dictates that in the regulation.

Okay, so this is actually a really, I apologize. It's kind of a cumbersome article. So the first page, section four, it says at the top, section four, article eight, right? We've kind of worked through One one is very simple then section two is very big. So we have set the item two and site plan a architectural site design standards is B and We've addressed that B section for the what we were just talking about We have environmental performance standards to see and then if you turn the page Then we are, this is still all C. This page is still all C. Does anybody have any amends to this page? Okay, so turning the page again, we are still on C, and at the very top it says, and vibration studies supported by a supervised and wet stamped report. Okay, anybody have amendments to this section, this page? So it'd be C, item four, number whatever. Item 5 is the heat and microclimate impacts. Item 6 is lighting. We'll turn the page. We're still in item C, right? Is that right? Item... I think we're still in item C. We're still in item C. No, no.

And so at the top of the page it says infrastructure impact analysis Yes

I motion that we add waste to the list. So applicant shall submit documentation demonstrating that adequate electric, water, sewer, waste, and transportation infrastructure capacity exists or will be provided without adverse impact to existing users. Would that be waste disposal? Waste disposal I think is good. So adequate electric, water, sewer, waste disposal, and transportation infrastructure. I second that. Okay. Okay, and then moving down, there's the next item, A, emergency management plan. Then we have item B there reporting, and I think we have another item that we may want to address. This is the annual report sort of section. So I wrote something down. I'll make this motion. You can tell me if this sounds good. This would be under B. Then you have the Roman numeral one. uh and then i think this would actually be roman numeral two underneath the annual report area city reserves the right to request reports more frequently than annually

Any other amendments on this page? Okay. to analyze all these reports.

You had mentioned you wanted to submit the following report showing prepared by a licensed professional engineer.

I move that we insert a clause that would necessitate a licensed professional to study these reports.

Second.

Kane?

I guess we're still in discussion, so I can ask this. But like an annual water use report, that's not going to come from an engineer, that's going to come from the water company. Right? Annual lighting review. I don't think that's necessarily appropriate for all.

So you're, what are you saying that, so all these annual reports, the energy consumption report will by definition come from an electric specialist?

Yes, from a specialist in that field.

And so the same goes for the rest. Annual water use report would come from a water specialist.

I think we should put independently, qualified independent professional because

I had it in my mind that it might be somebody associated with the city. Is that what you envisioned?

I thought it was independent.

Well, like the annual generator testing report, we're not going to have that. They're going to have to provide that.

But then we'd go to the engineer who would determine that that was an adequate.

He could look at that. I think you could look at the water use report and the lighting report, but the data is going to have to be provided separately.

I think it is more of a review of those reports that you want.

These will be public records. That's what we are wanting, is just to show, okay, yeah, we said we were going to use this much. This is what we've used. who said we were going to do this, here's what we did.

I think the idea is accountability. Yes. But not just like from, not just posting it publicly is good, but I'm saying somebody independent who would like take a look at that and hold them accountable and verify the information. Because I don't know, you know, if I got the lighting report, I wouldn't be able to tell you if... That's what I'm saying, yeah.

Yeah. So if we want to just leave it at that, not put that in there, and then realize that it's going to be reviewed by the appropriate people, be it the city engineer or...

Do you know how much electricity is being used?

Is that what you're talking about?

Yes. We can't get their energy usage. That's, you know, personal privilege information. It needs to be provided from the company, though.

I'm just saying that I think the confusion around this section is that it talks about reporting, but it does not make clear who is to provide the report to the city. So one thing would be to put some language in here that says, who's going to generate these reports? Is it the data center people? Is it the city people? Is it an independent agency? I don't care what the answer to that question is. it just needs to be clarified and then and then the other thing that i think is being talked about in this conversation which is a separate issue is if it's the data center that's going to provide all this reporting how do we know that they're actually providing accurate reporting and do we want independent confirmation and that's a separate question and i think that Maybe thinking about those two things separately might clarify our discussion about amendments regarding this.

I feel like the energy consumption report, and I did say to my professional engineers that was a word you had out earlier, but... Okay, a lighting report, that might come from an engineer. I think... If we just leave the following reports, shall we submit it annually?

Yes, but I guess the question is by whom. We have to say who is going to submit these reports.

Okay. There is not one answer to that, though. Okay.

So that's why, yeah. Draft some language that clarifies that, please. Okay.

could we perhaps just, I mean, it's already listed here. Could we say annual energy consumption report provided by, and then that way we have who is being provided by for each one of these reports and then have that next clause, I guess it would be an item three behind the one that we just had for two about doing reports more frequently than annually. The item three would be to have an independent review of those reports. Does that make sense?

Okay, so you're saying to have, who prepares those reports, and then to say who reviews?

For verification purposes. Okay.

That is something that, since we don't really have an answer, why don't I work on that and we'll take it to council and not do it as a form of... Is there already a motion?

There was a motion... Just have basically an independent review of the data.

There has been a motion. Yes. Very cool. I second. Okay. So just making sure. Independent review. Okay.

But, yeah, it would be great at the city council meeting if we could have something looked into about, like, annual energy consumption report provided by, annual water use report provided by, and that sort of thing. Okay, so any other amendments on this page? Okay, so on the next page, at the top of the page, it says three detail site restoration plan. Any amendments to this page? Okay. And then finally on this last page at the top, it says Roman numeral three, no data center is eligible for property tax abatement. There is actually, so I'll just make the amendment to change item six here. It says community outreach requirements strike major from that sentence.

I second that motion.

In the second sentence as well, prior to submitting an application for a major data center, strike major from that section, that sentence.

We have worked our way through.

So we have these amendments and we need to now vote to accept them into the motion on the table.

I have a question on this last page. In the event that a majority of feed holders, I don't understand what a feed holder is.

That is the mailing that is done to every property owner within 185 feet of the property. Just like when we do a rezoning request. Yeah, I understand the property owner

I guess a fee holder, do you mean property? Is this a typo? No, a fee holder.

That's another name for a property like this. You don't have to be sinful. It's ownership.

Is that like sending them for a stakeholder? It's just those sort of things.

It's a legal property owner who represents title. Somebody might be renting that property.

So can we get a motion to accept the amendments into the motion on the table?

I make a motion that we accept the amended proposals to be inserted into this for the entire proposed revisions of those proposed revisions.

Motion and second.

All in favor say aye. Aye. Those opposed say nay. So we now have the duty here. We're going to allow for another citizen input moment. Come on up if you'd like. As soon as it comes up I just want

I'd love to play you a tape, an audio tape of a man that does set up data centers, and I don't know if he had to come to Jesus' meeting or something, but he told an Ohio study group or something about a bomb issue, because what are you guys going to do? to build data centers is above. And some of these places go belly up. What he suggests is that you find out how many people are going to be working on it, and what their salaries are going to be for a year, and then base your costs on your bonds on that. So if they're building a hyperscale data center or a large one, that may be possible. Pardon? I know the way you got some, but in Adair County. I mean, I know this is only for the city of Kurtzville, but if this does come up and you guys live in Adair County too, They're going to be, I can't believe that the county commissioners are going to be talking to you all about your study. I know, I know. But do you even think if some of these companies would go belly up while they're in the middle of construction, you're going to be able to recover even half of the cost of what it's going to take to reclaim that land? It still didn't.

Well, I think that's a great question for city council, because this would be the way we would make a recommendation, and they would be able to take more citizen input.

And they can further amend what we send to them.

Thank you.

Yeah, thanks.

OK, I just.

I just have a couple of things. First of all, I really appreciate how you guys are all out there trying to come up with the best plan to make the best situation should the data center come, first of all. So one of the things I didn't see here that I did mention when I was up here, but it was so brief, was an environmental impact study. and it's not in here in terms of who's gonna be looking that if a data center is here, how are we gonna monitor how it's impacting our environment? What kind of studies, I saw it in here, but it's just more like a report, but are we really evaluating how it's affecting the environment? It's just they're called environmental impact studies. That's different than a report, an annual report on water, an annual report on electricity, an annual report on generator testing. But I don't know if the Department of Natural Resources does that. I don't know who, but I do think that if there is, again,

There is a section on water resources and a section on air quality and emissions.

Okay.

Is that the post, the pre-posted?

So, for instance, this item under air quality emissions says the city may require additional emissions mitigation measures where necessary to protect nearby areas.

And how it's affecting air quality.

There is a water use report, there's lighting reports, there's noise reports, energy consumption reports.

So I interpret those reports as they're just telling you numbers on how it's impacting the environment though.

Right, and that would give us the ability to fall back to this other item that says that the city may require additional emissions mitigation measures so if we see those reports and we say this is not good then the city can say you need to mitigate this So who's providing those numbers to you? Well, again, this is something we just addressed. So it's something that will be brought to council because the city planner needs to find out exactly who's going to provide those plans. But we just amended this motion to have an independent review. So it will be independent review.

And also, there is a stipulation here, heat and microclimate impact. Applicants shall demonstrate measures to mitigate excessive heat generation for the heat recovery, vegetative buffering, and design solutions. So, I mean. And what's the water to?

And soil.

And soil. because it was already in the other department.

Okay. The other thing I was going to ask you, what is the maximum fine for violating any of this that the state of Missouri has? You said maximum fine that the state of Missouri has if they don't qualify this. What is that maximum fine? Can we depend on this?

If you get up to the microphone, Diane, with this. Sorry.

There's different levels depending upon the violation.

Okay. Because what we're looking at as an incentive form to follow this, and I was just wondering what that maximum fine is.

It's not one number answer.

It depends on what their violation is that varies.

Do you know what the ranges are? Diane, can I cite Campion County's policy? Is that... No.

The reason I say absolutely you can, that's one of the high-level steps.

Yeah, and it depends on the size of the center. It depends on a lot of barriers.

Okay.

All right, so then one more thing that was just brought to my attention, and it's sort of on question two, but I mean, unless you're wanting a data center to come to Crookstown, I mean, I'm presuming that because you're putting this out with all this stipulation, that's a lot for business to want to come and have to line up and meet all those requirements. But unless you really want to get in Perksville, I mean, why not on the size of your requirement instead of being $2,500? That's the maximum. So they could build that. But why not make the maximum 100 square feet? I mean, that would be true. Just saying.

Don't allow for it.

I would just make it more difficult for them to have to come here. So that's just something. I don't know if this would affect other businesses, though. If you try to put that out there, that way it will affect another industry.

What was your name, sir?

My name is John. I came here to listen, not to talk.

I have one comment and one question, I guess. On the part where you have all your annual reports, you addressed the issue of more and more frequently. I always thought when I was making requirements for students, it was a lot easier to make them straight and back off than to make them lean in and then increase the strength. I would start with quarterly reports or monthly reports and then back off over. There's an annual or an annual as determined by the state. That's just my thought.

We did just add that.

Well, we still have it as an annual. I'm saying it's an annual.

So more frequently than annual. OK. That's what we added in. And that would be city council, like that.

Yeah, right. This one, I think, is probably going to solve it more than three years. On that same part. where we have, go back to the beginning of that whole session, session four, article 13. Part one, part two, and everything else in here is part two. A, B, C. Turn the page, you're still on C. Turn the page, you're still on C. D. Hello, my name is Christopher Price. I just have a couple questions.

Under Section 3, there's something that just has a bunch of numbers in reserve. What's that reserved for? It's underneath of the setback minimum depth of 50 feet, and the height should not exceed 75, which I think also should be amended. It's a little weird to me that the building can be taller than the setback, just for future things. I think it should be a little bit less tall than 75 and further back than 50, personally. And then with the environmental impact reports, I would also like to see a soil and groundwater runoff analysis to see how it's impacting the immediate surrounding area, especially if it's by a creek or running water. And thank you for amending who picks the person to review the report so that the data center can't provide their own reports. I appreciate that. What's stopping a limit from how many? So let's say they come in and it's 100,000 square feet of a data center, could they just build 10 making a hyper data center separately? Are we limiting the amount that can be?

Part of the part of the limitation is a square footage rule. Part of it is a height rule, which we determine based on that possible, actually, because we, we knew that the hospital, the fire department could reach the top of the hospital and.

And the dorm, I think putting a little bit of that just those considerations.

Okay, but let's stop bringing like 10 data centers in.

The amount of space that's available within this area, so the M2.

How much is available? Four acres. Just four acres, okay.

And just to just to address this 1st thing on right underneath the table here, the permitted use table, it says item 3 sections 44 dash 1 for 4. that's crossed out. And this is reserved. Can you clarify that?

Yes, if you look all throughout the code. those are numbers that have no zoning codes assigned to them it listed out it shows that those are vacant so say we need to add uh something else to the special use program or permitted use section so that reserve section is for

If they say that they're going to provide their own electricity, from what I've read, how they're doing it is they're using diesel or natural gas generators. And is there any provisions that you have independent air quality sensors anywhere near where those plants would be? Depending on the size, some of these diesel generators put out quite a few pollutants.

There is a section on the air quality and it says that emergency flow, this is emergency generators.

We're talking about when they say that they will provide their own electricity.

And that was addressed above where that We specify that any additional alternative generation system is they're not automatically in this special use permit. They would have to be permitted separately.

What they're trying to do is they're trying to say your electrical bills won't go up because we won't be using your electricity.

Such systems like that shall be considered as in separate use and shall be approved according to zoning regulations.

Is there any way that you could write in there that data centers may not use diesel or natural gas generation to provide their own power sources? They would have to propose that to do that.

They couldn't come in and do that. They have to specify that's going to be part of their plan. I think at that point in time, that would have to be a city council decision.

One other thing is, in some cases, where they say they're going to use a closed loop water system to cool the servers, they're having cases, once they start breaking ground and everything, they're going to say, well, we decided that water cool is just going to be too expensive. We're going to use groundwater.

It's been permitted. Cooling system has changed.

just said they said they were going to do it one way and they changed their own rules they wouldn't be able to do that thank you guys for ladies and gentlemen for the work you're putting into this we appreciate it okay i i do have one thing i'm trying to see if i can find it

Diane, can you maybe, it's a very dense document, can you tell me, is there, we talked about this at one point, I'm just curious, is there anything in there about backup generation not tapping into the local network? Like if, for instance, if the power went down and we needed to use, you know, Ameren needed to use up their backup supplies, the data center would take a back seat to the local population.

Okay, we talked to Annarine about that. We cannot do that.

They're their customers and we are. Alright, we're going to note that the municipal code revises chapter 44 Could someone read the recommended motion again, and then we will have a roll call vote on the amended proposed revisions as we have already approved, or do we have to approve the amendments first in a separate vote, and then we go to the entire document? Okay.

So recommend city council approve revisions to municipal code chapter 44 zoning, including the amendments.

We need a second. All right. We've got a motion and a second. Can we get a voice roll call?

Mr. Henry.

Yes.

Yes.

Mr. Heckert.

Yes.

Mr. Hopkins.

Yes.

Professor Dr. McClain-Niles. Yes.

Mr Thompson yes chair martin yes thank everybody for coming out tonight we so love the engagement by the public and this meeting is adjourned at 8 59 pm