On the agenda: Leavenworth Minutes — data center (Sep 2)

*******September 2, 2026 ********
The Board of County Commissioners met in regular session on Wednesday, September 2, 2026.
Commissioner Smith, Commissioner Culbertson, Commissioner Reid and Commissioner Stieben are
present; Commissioner Dove is absent; Also present: Mark Loughry, County Administrator; Misty Brown,
County Counselor; Amy Allison, Planning and Zoning Deputy Director; John Jacobson, Planning and
Zoning Director; Jamie Miller, EMS Director

Commissioner Stieben recognized County Counselor Misty Brown on her last day.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith that
the Board recess for a closed executive meeting to consult with our attorneys and discuss
confidential matters related to potential claims and litigation and the legal interest of the County
which would be deemed privileged in the attorney-client relationship as justified by K.S.A. 754319(b)(2) and that board resume open meeting at 9:50 a.m. in the meeting room of the board.
Present in the executive meeting will be Commissioners Mike Smith, Jeff Culbertson, Vanessa
Reid, Mike Stieben, County Administrator Mark Loughry, County Counselor, Misty Brown,
Attorneys Kathy Peters, Rick McConnell, John Mullane and others as may be called.
Motion passed, 4-0.
The Board returned to regular session at 9:50 a.m. No action was taken and no decisions were
made. The subject was limited to the specific legal interests of the County.
A motion was made by Commissioner Stieben and seconded by Commissioner Smith to adopt a
moratorium for 90 days on the BESS regulations and future applications on data centers.
Motion passed, 3-1 Commissioner Reid voting nay.
PUBLIC COMMENT:
Cecilia Pruitt, Lee Hungerbeeler, Dee Karleskint, Jim Karleskint, John Hulsey, Kim Colvert, Jerry
Pruitt, Janice Barnhardt, Maryam Hjersted, Mary Bowes, Annette Holden and Sarah George
commented.
ADMINISTRATIVE BUSINESS:
Mark Loughry reported the State has transferred the prison property to the County.
Mr. Loughry reported on the WebX call-in from last week.
Commissioner Smith inquired about the applicants for the Building Codes Appeals board.
Mr. Loughry indicated there are now three qualified applicants.
A motion was made by Commissioner Stieben and seconded by Commissioner Culbertson to
have Commissioner Smith be chairperson next week.
Motion passed, 4-0.

Commissioner Stieben suggested ending the September 16 meeting at 9:00 p.m. and limiting
public comment to 3 minutes.
Mr. Loughry updated the Board on a work session on power plants.
Commissioner Reid attended the Leavenworth County Beef Improvement Association tour.
The Board recessed for 10 minutes.
A motion was made by Commissioner Culbertson and seconded by Commissioner Stieben to
accept the consent agenda for Wednesday, September 2, 2026.
Motion passed, 4-0.
The Board discussed a county wide advisory election.
A motion was made by Commissioner Stieben and seconded by Commissioner Smith to direct
staff to prepare procedures for conducting an advisory election.
Motion failed, 2-2 Commissioners Culbertson and Reid
voting nay.
Commissioner Smith suggested to table the public comment until September 30.
Jamie Miller presented an agreement for correctional healthcare services.
A motion was made by Commissioner Smith and seconded by Commissioner Culbertson to
authorize the chairperson to sign the service provider agreement between Leavenworth County
and Vital Core Health Strategies for correctional healthcare services.
Motion passed, 4-0.
Mr. Loughry presented a contract for on-call engineering services with Kaw Valley Engineering.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith to
approve a contract and fee schedule for on-call engineer review services with Kaw Valley
Engineering.
Motion passed, 4-0.
Mr. Loughry presented an engineering study proposal for the Cow Creek watershed.
A motion was made by Commissioner Reid and seconded by Commissioner Culbertson to
approve the wastewater engineering study proposal and contract with CFS for the Cow Creek
watershed.
Motion passed, 3-1 Commissioner Stieben voting nay.
Misty Brown presented a cost funding agreement with Wolf Creek Energy Storage, LLC.

A motion was made by Commissioner Culbertson and seconded by Commissioner Reid to
enter into a cost funding agreement with Wolf Creek Energy Storage, LLC to allow the
County to receive upfront funding to cover the expenses of third-party consultants and incur
other related third- party expenses.
Motion passed, 4-0.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith the
Board previously voted to establish a moratorium on new data center applications until
regulations have been adopted. I move to adopt Resolution 2026-16 to formally memorialize
and document the Board’s prior action and the terms and conditions of the moratorium in the
County’s consideration of adoption of appropriate regulations governing data centers and
related.
Motion passed, 3-1 Commissioner Reid voting nay.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith the
Board previously voted to establish a moratorium on new applications for battery energy
storage systems until regulations have been adopted. I move to adopt Resolution 2026-17 to
formally memorialize and document the Board’s prior action and the terms and conditions of
the moratorium in the County’s consideration of adoption of appropriate regulations
governing battery energy storage systems and related.
Motion passed, 3-1 Commissioner Reid voting nay.
Amy Allison presented Case DEV-26-063, a preliminary and final plat for Creekstone Ridge, 3rd
plat.
A motion was made by Commissioner Smith and seconded by Commissioner Culbertson that
the proposed final plat as outlined in Case DEV-26-063 is compliant with the County Zoning
and Subdivision Regulations and move that the proposed final plat be conditionally approved
and accepted by this board subject to the conditions set forth in the staff report and as adopted
by the Planning Commission.
Motion passed, 4-0.
Ms. Allison presented Case DEV-26-090, a preliminary and final plat for Stranger Creek Ranch.
A motion was made by Commissioner Reid and seconded by Commissioner Smith that the
proposed final plat as outlined in Case DEV-26-090 is compliant with the County Zoning and
Subdivision Regulations and move that the proposed final plat be conditionally approved and
accepted by this board subject to the conditions set forth in the staff report and as adopted by
the Planning Commission.
Motion passed, 4-0.
Ms. Allison presented Case DEV-26-096, a preliminary and final plat for Avila Estates.
A motion was made by Commissioner Reid and seconded by Commissioner Culbertson that
the proposed final plat as outlined in Case DEV-26-096 is compliant with the County Zoning
and Subdivision Regulations and move that the proposed final plat be conditionally approved

and accepted by this board subject to the conditions set forth in the staff report and as adopted
by the Planning Commission.
Motion passed, 4-0.
Ms. Allison presented Resolution 2026-14, a special use permit for Faster Dynamics.
A motion was made by Commissioner Reid and seconded by Commissioner Smith to find that
this request for a special use permit complies with the Golden Factors and move to adopt
Resolution 2026-14 and conditionally approve the special use permit as outlined in Case DEV26-091 based on the recommendation and conditions of the Planning Commission and the
findings as set forth in the staff report.
Motion passed, 4-0.
Ms. Allison presented Resolution 2026-15, a rezoning from RR-5 to RR-2.5.
A motion was made by Commissioner Reid and seconded by Commissioner Culbertson to find
that the rezoning request complies with the Golden Factors and move to adopt Resolution
2026-15 and approve the rezoning as outlined in Case DEV-26-099 based on the
recommendation of the Planning Commission and the findings as set forth in the staff report.
Motion passed, 4-0.
A motion was made by Commissioner Smith and seconded by Commissioner Culbertson to
adjourn as the Board of Leavenworth County Commissioners and convene as the
Leavenworth County Board of Health.
Motion passed, 4-0.
Kyle Anderson presented a case of an uninhabitable home.
Commissioner Stieben opened the public hearing.
No one spoke in favor or opposition.
Commissioner Stieben closed the public hearing.
A motion was made by Commissioner Reid and seconded by Commissioner Smith to approve
Board Order 2026-9 declaring the property at 17653 Kansas Ave., Tonganoxie, Kansas to be of
imminent hazard and uninhabitable.
Motion passed, 4-0.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith to
adjourn as the Leavenworth County Board of Health and reconvene as the Board of
Leavenworth County Commissioners.
Motion passed, 4-0.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith that
the board recess for a closed executive meeting to consult with our attorney and discuss

confidential matters related to the legal interest of the County which would be deemed privileged
in the attorney-client relationship as justified by K.S.A. 75-4319(b)(2) and that board resume
open meeting at 12:10 p.m. in the meeting room of the board. Present in the executive meeting
will be Commissioners Mike Smith, Jeff Culbertson, Vanessa Reid, Mike Stieben, County
Administrator Mark Loughry and County Counselor Misty Brown.
Motion passed, 4-0.
The Board returned to regular session at 12:10 p.m. No action was taken and no decisions were
made. The subject was limited to matters related to specific legal interests of the County.
The Board discussed the 2027 legislative topics.
Lee Hungerbeeler commented.
A motion was made by Commissioner Smith and seconded by Commissioner Stieben to
adjourn.
Motion passed, 4-0.
The Board adjourned at 12:17 p.m.