De Soto debates new data center, other development ordinances on environment, water, transparency

DE SOTO, Kan. — KSHB 41 reporter Elyse Schoenig covers Johnson County. She also focuses on issues surrounding the cost of health care, saving for retirement and personal debt. Share your story idea with Elyse.

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As two potential data center projects move forward in De Soto, residents have been urging their city leaders to put new ordinances in place to address community concerns around transparency, environmental health, noise, water and more. The public could have a chance to share their feedback on these ordinances at three different proposed public work sessions.

De Soto City Council Member Zack Bradley has helped bring forward several proposed ordinances, working with residents to address those concerns.

"We also need to acknowledge that as things change, we have to adapt," Bradley said.

Bradley said a proposed non-disclosure agreement (NDA) ordinance would add transparency from the public. Bradley said under the Kansas Open Records Act (KORA), there are 56 exemptions that allow government agencies to withhold certain records. He said his ordinance would prohibit NDAs from being used to protect information that does not fall under one of those 56 state-recognized exemptions.

"If a citizen doesn't trust the government, they're not going to move here, just like a business is not going to move here if they don't trust the government to protect them," Bradley said.

The city is also considering adding an Environmental Health and Compliance Officer — a position that would be responsible for enforcing city ordinances related to environmental health.

Two of the ordinances Bradley introduced are a Dark Skies Ordinance and an Urban Forestry Ordinance. The Dark Skies Ordinance addresses illumination, citing concerns that large industrial facilities bring significant lighting that can change the feel of a community. The Urban Forestry Ordinance is aimed at preserving tree coverage and the rural-urban character of De Soto if a developer clears land for construction.

On noise, the city has released a request for qualifications for a contract to provide consultation and evaluation specifically focused on the types of noises that are not covered under De Soto's current nuisance noise ordinance. Bradley said that contract, once returned, will help shape a new noise ordinance, noting that most cities have not had to factor in hyperscale data centers.

Bradley said a well-drilling ordinance would protect De Soto's municipal water system. Under the proposed ordinance, residents within 400 feet of a city water connection would face restrictions on drilling their own wells.

"Bad law doesn't help anybody. We want to make sure we have good law. And to do that, we need input," Bradley said.

De Soto resident Sara VanDeCreek has been closely following the city's development and said she sees the proposed ordinances as a step in the right direction.

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"I feel like there's some progress being made," VanDeCreek said.

VanDeCreek said she wants city leaders to engage the community openly as development moves forward.

"I want to see our city leaders being open and honest and saying, Okay, we have this coming. Let's get some input from the community. How can we move forward as a community?" VanDeCreek said. "We've never faced this kind of development either. So it's time to make some changes, and that includes being more transparent with the people who live here," VanDeCreek said.

VanDeCreek said she also feels leaders should be smart with De Soto's resources.

Bradley proposed public work sessions to give residents a chance to share feedback on the ordinances before any vote. He said dates for those sessions will be determined in the coming months, with a vote on the ordinances expected by the end of this year. The goal is to have the ordinances in place while the data center projects are being built and to apply them to any future industrial development as well.

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