On the agenda: Leavenworth Minutes — data center (Sep 30)

*******September 30, 2026 ********
The Board of County Commissioners met in regular session on Wednesday, September 30, 2026.
Commissioner Stieben, Commissioner Culbertson, Commissioner Smith, Commissioner Reid and
Commissioner Dove are present; Also present: Mark Loughry, County Administrator; Chuck Magaha,
Emergency Management Director; Amy Allison, Planning and Zoning Deputy Director; John Jacobson,
Planning and Zoning Director

A motion was made by Commissioner Smith and seconded by Commissioner Stieben to recess
for a closed executive meeting to consult with our attorneys and discuss confidential matters
related to the legal interest of the County which would be deemed privileged in the attorneyclient relationship as justified by K.S.A. 75-4319(b)(2) and that Board resume open meeting at
9:15 a.m. in the meeting room of the Board. Present in the executive meeting will be
Commissioners Mike Smith, Jeff Culbertson, Vanessa Reid, Willie Dove, Mike Stieben, County
Administrator Mark Loughry, Legal Counsel Alex Gilmore and others that may be called.
Motion passed, 4-0.
The Board has returned to regular session at 9:15 a.m. No action was taken and no decisions were
made. The subject was limited to matters related to the legal interests of the County.
PUBLIC COMMENT:
Ronald Grossman, Ben Rioux, Jim Karleskint, Dee Karleskint, Russ Dent, Tammy Patton, Kim
Colvert, Erica Hunter, Ann Brockhoff, Zack Pistora, and Ted Grinter commented.
ADMINISTRATIVE BUSINESS:
Mark Loughry followed up on a work session with KDHE indicating they would come out if there
is a specific application for a power generation facility.
Commissioner Smith inquired about participation in the Veteran’s Day parade.
Commissioner Stieben would like to bring in Daniel Goetzel to speak about data centers.
Mr. Loughry explained the scope that was requested for the financial Stifle report.
Commissioner Reid traveled to Colorado and attend a policy summit regarding AI and the impacts
and data centers.
A motion was made by Commissioner Culberson to change out the position of the chairman
with Commissioner Mike Smith.
Commissioner Culbertson withdrew his motion.
A motion was made by Commissioner Culbertson and seconded by Commissioner Dove to
change out the chair.

A motion was made by Commissioner Dove and seconded by Commissioner Reid to call to
previous question.
Motion passed, 3-2 Commissioners Smith and Stieben
voting nay.
The Board recessed for 10 minutes.
Call to question requires vote on Commissioner Culbertson’s original motion.
Motion passed, 3-1, Commissioner Stieben voting nay.
A motion was made by Commissioner Culbertson and seconded by Commissioner Dove to
appoint Vanessa Reid as temporary chair.
Motion passed, 3-1 Commissioner Stieben voting nay.
A motion was made by Commissioner Culbertson and seconded by Commissioner Dove to
appoint Mike Smith as permanent chair for the rest of the year.
Motion passed, 3-1, Commissioner Stieben voting nay.
A motion was made by Commissioner Culbertson and seconded by Commissioner Dove to accept
the consent agenda for Wednesday, September 30, 2026.
Motion passed, 4-0.
Chuck Magaha requested the chairperson to sign the Emergency Management Performance Grant.
A motion was made by Commissioner Dove and seconded by Commissioner Culbertson to
authorize the chairperson to sign the Emergency Management Performance Grant.
Motion passed, 4-0.
Disorganization of Fire District No. 1
Commissioner Reid opened the public hearing.
No one spoke in favor or opposition.
Commissioner Reid closed the public hearing.
A motion was made by Commissioner Culbertson and seconded by Commissioner Stieben to
adopt Resolution 2026-21, the disorganization of Rural Fire District No. 1 of Leavenworth
County, Kansas.
Motion passed, 4-0.
Amy Allison presented Resolution 2026-18, a rezoning request from RR-2.5 and B-3 to B-3.
A motion was made by Commissioner Dove and seconded by Commissioner Culbertson to
find that the rezoning request complies with the Golden Factors and based on the findings as

set forth in the staff report and as adopted by the amended Planning Commission
recommendation. I move to adopt Resolution 2026-18 and approve the rezoning as outlined in
Case DEV-26-103 with the following revisions, list revisions.
Motion passed, 4-0.
Ms. Allison presented Resolution 2026-19, a rezoning request from RR-2.5 to B-3.
A motion was made by Commissioner Dove and seconded by Commissioner Culbertson to find
that the rezoning request complies with the Golden Factors and based on the findings as set
forth in the staff report and as adopted by the amended Planning Commission
recommendation. I move to adopt Resolution 2026-19 and approve the rezoning as outlined in
Case DEV-26-104 with the following revisions, list revisions.
Motion passed, 4-0.
Ms. Allison presented Resolution 2026-20, text amendments to the 2006 Leavenworth County
Zoning and Subdivision Regulations.
A motion was made by Commissioner Stieben to remand this back for review to the Planning
Commission for the purpose of reviewing the regulations dealing with nuclear power, dealing
with decibel sound and also dealing with the categories that are presented, seeing if additional
categories can be drafted.
Commissioner Stieben clarified the word average on the decibels should be removed and make
the nuclear power language the way it was before. He clarified the categories should be broken
up more.
Commissioner Smith returned to the meeting at 11:56 a.m.
The Board recessed at 12:00 p.m. for lunch.
The Board returned to session at 1:02 p.m.
The Board continued to discuss potential changes to the regulations.
A motion was made by Commissioner Stieben and seconded by Commissioner Culbertson to
return this back to the Planning Commission for further consideration and having additional
public hearing to reconsider the prohibition of the nuclear provisions, the categories of data
centers, the decibel removing average and adding reclamation provisions.
Motion passed, 4-1 Commissioner Reid voting nay.
Ms. Allison requested appointment to the Board of Codes Appeals.
A motion was made by Commissioner Stieben and seconded by Commissioner Smith to
appoint Wes Baker and Garren Stickelman to the Board of Code Appeals.
Commissioner Stieben withdrew his motion and Commissioner Smith withdrew his second.

A motion was made by Commissioner Stieben and seconded by Commissioner Smith to Wes
Baker to the Board of Code Appeals.
Motion failed, 2-2 Commissioners Dove and Reid voting nay and
Commissioner Culbertson abstained.
A motion was made by Commissioner Stieben and seconded by Commissioner Smith to
appoint Garren Stickelman to the Board of Code Appeals.
Motion passed, 4-0, Commissioner Culbertson abstained.
A motion was made by Commissioner Reid to appoint Byron McFee as the next.
Motion failed for lack of a second.
A motion was made by Commissioner Dove and seconded by Commissioner Stieben to
adjourn.
Motion passed, 5-0.
The Board adjourned at 1:56 p.m.