Maryville in Process of Updating UTV Ordinance

The City of Maryville is in the process of updating its UTV ordinance so it can provide better enforcement. A group of citizens has been coming to meetings calling for stronger regulations. Two such citizens addressed the council at Monday’s meeting. Currently, state law is vaguely written. It prohibits their use on highways, but it carves out exceptions for industrial or agricultural use. That, according to Maryville Police Chief Mike Stolte, leads to situations where his officers get excuses such as:

—They were just getting done with farming and going to town to eat;

—They were getting groceries and were taking them back to the farmhouse;

—They were getting together for a farmhouse social.

The Maryville City Council has been having discussions over regulating ATV’s, UTV’s, electric bikes, and other low-speed vehicles.

The goal is to rewrite city ordinances so that people would know what they can and can’t do. The city currently doesn’t have a licensing system for UTV’s. They used to, but Mr. Stolte said they haven’t had one in the 22 years he’s been on the force.

One of the challenges the city faces is that Northwest and Nodaway County have different regulations. But everyone agreed that UTV’s were not safe for roads. Another challenge is how to regulate UTV’s and other slow-moving vehicles, such as golf carts. Mr. Stolte noted that his officers don’t enforce golf carts because there is no city ordinance against them. Council members agreed they need to be addressed separately.

City Manager Ryan Heiland said that these conversations about UTV regulations have been happening all over the state. Section 304.052 authorizes Missouri cities to do permitting.

Mr. Heiland has been checking with other cities for their ordinances. For instance, Cottleville has the following regulations:

—UTV’s must be for official use or for agriculture;

—All users must wear helmets;

—They are restricted to streets with maximum speed limits of 30 mph;

—All such vehicles must have safety flags that are at least 7 feet high;

—They can only be operated in daylight.

Mozingo Lake already has restrictions on such vehicles. They only allow golf carts. And nobody on the council wanted to include four-wheelers.

Officers cannot set fines if they ticket people for unlawfully operating a UTV on the highways. That is determined by the legislature and the court system. Officers can arrest users for DWI, and that person would lose their license through the Department of Revenue just like they would if it were a car they were driving. These administrative rules apply even if someone is arrested driving a lawn mower while intoxicated. “We’ve picked up a couple of those,” said Mr. Stolte.

The council will revisit UTV’s and other such vehicles at their August 10th meeting.

At the start of Monday’s meeting, Mayor John McBride read a statement saying, “A lot of people don’t know me. We all have full-time jobs. We all do very important work, and we raise families here. Nobody is in this to make money; we ran to serve. If you see social media postings that head south, show some grace.” The July 23rd issue of the Maryville Forum had posted a lengthy front-page article that displaced even the recently-passed data center moratorium charging the city with having repeated closed sessions that were in violation of state law and with errors in the minutes. The city, in its own Facebook post, responded that their closed meetings were done in accordance with state law and after consultation with its attorney, that errors in the minutes cited in the Forum article were clerical in nature and not an attempt to alter the record, and that it was never given a chance to provide an accurate response. The Facebook post was signed by Mayor John McBride, council members Erin Allen, Bryan Williams, Ben Lipiec, and Dannen Merrill, Clerk Stacy Wood, and City Manager Ryan Heiland.

Scott Wilson addressed the council about the recently submitted permit application by White Cloud Generating to build 12 gas-powered turbines at the site of the proposed data center south of Maryville. He said that the 102 did not have capacity to provide the water needed for such a project. Mr. Wilson said that after being told that the project would only need 70,000 gallons of water per day, that the recent permit application stated it would be running nearly 24 hours a day instead of the three hours per day cited at the Mozingo Lake community forum. He called on the city not to supply the proposed data center project with water. Mr. Wilson, who is running for Nodaway County Presiding Commissioner as an Independent and who will appear on the November ballot, asked to be included in any future discussions about the data center.

Ray Garten asked for the city to put in a miniature golf course next to the Thompson Splash & Play area.

The council gave permission for the Downtown Maryville Market to close Main Street from 4th Street to 5th Street from 6 am to 1 pm for setup and teardown, potentially on August 1st, 8th, and 15th depending on how construction is proceeding. The market is moving from the Nodaway Valley Bank parking lot to the Downtown Pavilion across the street from the Public Library. It has hosted 30 vendors a week and 300 customers this year.

The council approved the closure of numerous roads for Saturday, October 10th for Maryville Fall into Fun. The roads will be closed from 7 am to 8 pm to allow for setup and teardown. The event itself will be held from 12 noon to 6 pm.

The following roads will be closed — Main Street from 2nd to 5th Street, 3rd street from Vine to Buchanan Street, and 4th Street from Vine to Buchanan. The closures will still allow access to the A&G parking lot and the Nodaway Valley Bank parking lot.

Fall into Fun, which marks the closing of the Downtown Maryville Market season, is in its fourth year. Last year, it drew 2,200 visitors.

The council approved the closure of North Vine Street between 2nd and 3rd Streets on August 22nd for the Elks Membership Drive event they are holding between 7 pm and 10 pm that evening. The street will be closed from 7 am to 12 midnight. There will be bounce houses, Fire Department water activities, Bingo, live music, and a street dance.

The council tabled a request by Sunrise Dispensary to extend its hours from 6 am to 1:30 am. This would put it in line with the liquor stores in the city. It says it would be able to offer more hours to its employees and that it would be safer, since there would be less opportunity for break-ins. Currently, other cities are expanding hours of dispensaries, with Kansas City looking at 24/7 and St. Joseph also looking to increase its permitted hours. Generally, marijuana dispensaries are regulated by the state, but cities can set hours that they can operate.

 

 

Details of Data Center Feasibility Study Draft Released

A feasibility study draft commissioned by the Nodaway County Public Water Supply District was released Tuesday afternoon. It was conducted by Lamp Rynearson of Kansas City under the supervision of White Cloud Engineering. It evaluated potable and non-potable water service alternatives for the proposed data center for southern Nodaway County. This is a draft report and is subject to revision.

The District has not made any determination regarding whether water service will be provided or what their preferred alternative. Upon completion, the study will serve as one of several resources available to the board as it considers future requests. The board will take no action until it reviews the final study, considers applicable legal and regulatory requirements, evaluates impact on existing customers, and listens to further public comment. The board has a stated goal of putting residential customers first in the event of a drought or other serious water emergency.

The proposed data center will need an estimated minimum of 82,000 gallons per day, on average, to run the site. It covers 12,000 for potable water and 70,000 gallons per day for cooling water. The cooling water demand is seasonal; however, the fluctuation levels are unknown at this time. The cooling system may require an initial fill that may necessitate a 500,000 gallon per day flow rate. The study assumed the data center would have equalization and storage on site to be able to handle swings in demand. 

The first option looked at involves potable water from the Rural Water District. The proposed site would be able to tap directly into a 4” diameter transmission line, which should enable a draw of 400,000 gallons per day. If more flow is needed, there is a six inch diameter line two miles south of the proposed facility. The Rural Water District could be used to meet just the domestic water demand or the total site water demand. The price is estimated to be $9.15 per 1,000 gallons based on current information, but is expected to rise due to recouping the impending costs of planned infrastructure improvements at Maryville.

The estimated cost would be $450,000 to the data center if only potable water were used, and $1,450,000 if it drew all of its water from the Rural Water District.

The advantages listed include no additional water conveyance infrastructure required, since Evergy is building a power station right next to the proposed facility that will need 90,000 gallons of water per day. There is minimal additional treatment needed, and the Water District has the capacity. Disadvantages listed include the fact that it may hinder future industrial or residential growth in the service area if demand nears capacity. Another disadvantage listed included poor optics over the use of potable water for industrial activities.

The second option involve using potable water from the Maryville water system, where the data center could construct a dedicated pump station at the Water Treatment Plant and draw the water to the site. Maryville is permitted for an average 1.5 million gallons per day and a total design capacity of 5.6 million gallons per day. It would have the capacity to meet the data center’s needs. It would require construction of a dedicated pump station and pipeline, using right-of-way along existing roads. Maryville water could be used to either meet just the demand for potable water or the entire industrial demand of the site. 

Advantages listed include minimal additional treatment needed by the data center, minimal need to acquire additional right-of-way, and the fact that Maryville has the capacity.

One disadvantage is the cost; it would cost $1,370,000 if they drew potable water only from Maryville and $6,260,000 if it purchased all of its water from the city. Other disadvantages listed included limited industrial or residential growth in Maryville and the surrounding areas if water demand nears capacity, poor optics over the use of potable water for industrial activities, and the fact that potable water piping will prevent using the same trench for wastewater piping should the facility need to send wastewater back to the Maryville Wastewater Treatment Facility.

The third option involves onsite wells. The proposed project is in one of the areas of lowest water yield. Many users in the area obtain water from wells; however, the groundwater in the area is variable. It would incur the lowest capital cost; however, the study said it was unknown whether local aquifers could meet the demands of the data center. At this time, the study said that the uncertainty around that option rendered it infeasible. Additional test wells could determine whether such an option is realistic.

Advantages listed included minimal additional treatment needed by the user. There would be no need to acquire right-of-way or easements. There would be no need for the data center to coordinate with Maryville, the Rural Water District, or other entities other than regulators. There would be no off-site pipeline construction required. Disadvantages included the fact that it would require test wells and drawdown studies to determine if it was feasible. There would be no revenue generation for Maryville or the Rural Water District. There would be poor optics from using potentially scarce groundwater for industrial purposes. There would be no backup plan if supplemental water was needed.

The fourth option is effluent from the Maryville Wastewater Treatment Facility. This involves construction of a pump station at the effluent and pipe it to the data center. They would construct their own storage tank or pond and treat it to meet cooling specifications. The Maryville Wastewater Treatment Facility discharges 2.6 million gallons per day, which would cover the needs of the data center. The 102 has a flow range of 100 to 300 cubic feet per second, so the study says that the plant effluent would affect it minimally, given that it would average four cubic feet per second. It would require construction of a dedicate pump station. The estimated cost would be $6.3 million.

Advantages listed included the fact that it was a new source of revenue for Maryville, no need to acquire right-of-way or easements, the ability to use the same trench and right-of-way to send water back to Maryville, and better optics for the data center and the government by avoiding use of fresh or potable water. Disadvantages listed include the fact that more water treatment would be needed and the fact that water quality may vary.

A fifth option, drawing water from other facilities, was not deemed feasible. The two nearest sources are the ANR Pipeline Company’s Maitland Compressor Station and the City of Barnard’s Wastewater Treatment Plant. The danger is that at minimum flow, even both plants together cannot meet site water demand.

The sixth option, drawing water from the 102, would meet water demand of the data center and use existing rights-of-way to route water to the site. It would require just over one mile of piping and a pump station near the river to draw water. Estimated cost would be $1.9 million, making it one of the lowest-cost options; however, the study said the costs would be higher due to the higher variable of water quality. 

The biggest disadvantage, as locals have noted, is that during droughts, one can walk across the 102. Others listed include variable water quality and quantity, poor optics of using surface water in a region where droughts have occurred, and no new revenue source for Maryville or Public Water Supply District #1.

Wastewater treatment costs would be in addition to the costs presented above. Assuming usage of 70,000 gallons of water per day, the center would need to treat 35,000 gallons per day of wastewater. It would be administered through a DNR permit requiring some form of a physical, chemical, or biological treatment before discharge into the 102. 

The study says that evaluation of wastewater treatment feasibility is limited because the quality is unknown and discharge limits are not set until DNR review. 

The report recommended using potable water from the Rural Water District, using industrial water from the Maryville Wastewater Treatment Facility, and then sending pretreated industrial wastewater back to the Maryville facility. 

The study recommended discussion between the Rural Water District, the City of Maryville, and the data center to determine who pays for which components of the system, estimate water quality, and finalization of industrial water demand. 

Motor Scooters, Data Center, Boat Docking Discussed at Maryville Council

Around 30 people, many against the proposed $6 billion data center that would be located south of Maryville, attended the Maryville City Council Meeting Monday. Among topics discussed were motor scooters, the proposed data center, and boat docking rules.

Stephanie Neal addressed the council and said that there was a recurring problem with people riding electric and motor scooters on sidewalks where they were not supposed to be. She said they were ruining the new sidewalks on the south side of Maryville, operating without a valid license, and said that they were 250-pound missiles. There was also a motor wheelchair on the roads as well; they have a big flag so that motorists can see them. Ms. Neal said that she saw one such scooter being operated by a nine year old kid. She called for more enforcement of city and state law recording motor scooters.

City Manager Ryan Heiland said that there had been a lot of talk recently in his group with other city managers regarding motor scooters. He said that different cities had different rules, with some banning them outright, while some make rules depending on what kind they were. Maryville’s ordinance is designed to mirror state law. Mr. Heiland said that when school was dismissed for the year, there was an uptick in accidents; there were five in five days at one point.

Police Chief Mike Stolte said that as far as enforcement was concerned, it was difficult to tell different scooters apart and difficult to tell if someone was 15 or 16 if the city were to start classifying people that way.

The Missouri State Highway Patrol website says that it is illegal to operate motorized bicycles on public streets and highways unless the operator has a valid driver’s license. This applies to mini-motorcycles. It applies to any two or three-wheeled device that has an automatic transmission and a motor with cylinder capacity of not more than 50 cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at maximum speed of not more than 30 mph on the ground. Such vehicles can be operated if the user holds a valid Missouri driver’s license.

Under Missouri law, motorized bicycles and mini-motorcycles that have a motor with a cylinder capacity of more than 50 cc and/or the ability to travel more than 30 mph are considered motorcycles and are enforced as such. People must get a separate license to operate motorcycles. The law makes no distinction between electric and gas-powered vehicles.

Councilwoman Erin Allen said that it was not always kids who were the problem; she said that her family had two near-misses with motor scooters, and both were involving people well over 21. The council came to a consensus that public education regarding the law and public safety was the best route to go at this time. The council directed staff to research options.

Steve Reed asked the council why he wasn’t allowed to rent boat docks without camping at Mozingo anymore. Mr. Reed said he had lived in the county 62 years, that he had rented a dock one year for his boat for him and his 11 year old son to go fishing, and that the next year, he was advised that it had been changed to where only overnight guests could dock at Mozingo Lake. He asked what was the point when half the docks were empty except for Memorial Day and July 4th. “My son keeps asking me now why we can’t go to the lake,” Mr. Reed. He said that he has to drive 30 miles to land he owns north of Sheridan if he and his son want to go fishing together. He asked the council to reconsider the policy.

Council members and staff along with City Manager Heiland said that there had always been a policy against renting a dock unless one was an overnight guest, but that it had been an informal rule and had not been put into writing before 2025. That led one councilman Ben Lipiec to suggest a compromise, allowing people to rent a dock without camping there from Monday through Thursday, but then leave. City Manager Ryan Heiland said that would require more enforcement work from staff, who would have to keep track of whose boats were supposed to be there and who they belonged to. Mr. Heiland said there had been issues with boats docked there that nobody knew whose they were without running a check through law enforcement.  He said they would look in to it.

Mr. Reed said he had developed a disability in 2019. Mr. Heiland and council members said it was worth researching adding short-term ADA compliant docks. Mozingo already has one.

Nancy Zeliff presented the council with a list of 58 questions that people had from the data center meeting at the Community Center recently. Over 200 people attended the meeting and forum. “These facilities poison the air, water, and ground and take jobs,” she said. She called on them to answer the questions. “In your heart and soul, you need to answer,” she said.

J.R. Calkin, who lives near where the proposed data center will be, said that one time, there was a fire at the substation and “nobody showed up for 30 minutes.” Mr. Calkin said that if a data center caught fire, “you can’t do much to put it out.” He raised concerns about noise and pollution which he said would affect livestock and humans.

David Howell reported to the council on one of his conversations with a Scale rep at the recent meeting at Mozingo Lake. Mr. Howell said he was advised that there were ways to cool data centers without the use of water. “So why should we provide them water,” he asked.

The following minutes were approved:

—Executive Session minutes from April 13th, in which the council discussed options regarding filling the Finance Director position.

—Executive session minutes from April 13th in which the council authorized Mr. Heiland and staff to look into the purchase of the building next door to City Hall, which is up for sale. The council also approved executive session minutes from April 27th in which the council reached a consensus to proceed with an appraisal. The council also approved executive session minutes from May 11th in which the council authorized an offer for $250,000 for the building in question.

—Regular meeting minutes from April 13th.

—Executive session minutes from April 27th in which the council discussed the PeopleService agreement at the wastewater plant and the process for soliciting bids wastewater operations in the future. Staff and council reviewed potential considerations for a competitive bidding process when the existing contract approaches renewal.

—Executive session minutes from April 27th regarding the legal requirements and considerations related to an easement on private property.

—Regular meeting minutes from April 27th.

—Executive session minutes from May 11th in which the council met with Economic Developer Josh McKim regarding the proposed $6 billion data center project. Mr. McKim discussed the potential economic impact and operational aspects of such developments and informed them about the Open House that was subsequently held by Scale Microgrids on June 3rd.

—Executive session minutes from May 11th regarding the Assistant City Manager position, including revisions to the job description, the recruitment process, and the anticipated timeline for accepting nominations and conducting interviews.

—Regular session minutes from May 13th.

The council appointed Scott Kuhlemeyer, Cara Colville, and Ashley Strickland to the Maryville Public Library Board of Trustees for three-year terms ending June 30th, 2029 and Shelbie Wooten to fill a vacant position for a term ending June 30th, 2028.

The council voted to approve a neighborhood block party street closure on June 27th, 2026 from 8 am to 4 pm on South Saunders Street from the corner of East South Avenue to the top of the hill, leaving the section of Lieber and Saunders streets open. There will be a neighborhood BBQ with vintage cars on display.

The council approved a neighborhood block party and street closure on West Third Street between Ray and Grand Street on July 4th from 12 noon to 11 pm.

The council approved 21 liquor license renewals and 11 renewals contingent on completing final documents and inspections.

The council approved a grant agreement with the Lions Club to purchase and install an all-inclusive playground at Mozingo Lake. In 2022, Mozingo staff began evaluating options to replace aging playground equipment after several structures were found to be damaged or no longer safe for use. The old equipment is for ages 4 through 8 and only ten kids at a time could play on it. The new equipment will be for ages 2 through 12 and will be able to accommodate 50 users at a time and have more opportunities for children with disabilities.

Mozingo staff along with the Maryville Pride Lions Club and Maryville Host Lions Club successfully pursued a grant through the Lions Clubs International Foundation with the Foundation awarding $99,636 and the city providing a $99,636 match. The equipment will be installed either late fall or early spring. The equipment was last renovated in 2002. The equipment will be at the Lions Shelter House at Mozingo.

The council voted to approve mixer repair and electrical improvements at the wastewater treatment plant and awarded the contract to Ross Construction. There had been concerns with the mixers, all three of which are connected through a common power cable system. Recently, one of the cables broke and became entangled, rendering all three mixers inoperable. The project will replace the current system with a new cable system allowing each mixer to be independently retrieved and allowing each mixer to be independently disconnected. Total cost will be $68,600.

The council voted to authorize Cognet Inc. to repair a scum pump at the wastewater treatment facility. The scum pump is responsible for transferring fats, oils, grease, and solids removed during treatment. It was sent in for repair following signs of failure. An examination found extensive internal damage and wear. Total cost for repair will be $12,250.27.

The council voted to purchase new dispatch radio refresh equipment from Midwest Mobile. The City of Maryville and Nodaway County combined their 911 services in 2020 into the Northwest Regional Communications Center in part because both their equipment was beyond their useful lives and support contracts. In 2019, the city last purchased radio console equipment with an expected lifespan of five years. Last year, the city upgraded the 911 system; this year, the city focused on the radio refresh.

The city last purchased dispatch radio console refresh equipment from Motorola. Recently, the city found out that instead of an estimated price tag of just under $30,000, the cost would be nearly $50,000. Midwest Mobile submitted a radio console refresh proposal for $29,693.26, to be paid from the Fiscal Year 2027 budget. The council approved the proposal.

City Manager Ryan Heiland reported that Herzog began street milling operations at the south end of the massive construction project the city has undertaken. During the construction, motorists will be escorted through the construction zone by a pilot car, and there may be closures on side streets

The council voted to go into closed session under 610.021(1) regarding legal matters. Mr. Calkin protested the vote, saying that the citizens speaking regarding the motorized bikes and scooters and the boat dock rental policies had their concerns discussed, but not the people with concerns about the data center. The use of motorized bicycles and scooters in city limits was in the agenda as a discussion topic. Under “Reports,” any city council member can bring up a topic of interest under the Agenda; Councilwoman Allen brought up the boat dock rental issue. The data center was not on the agenda and was not brought up by any council person.

 

 

Maryville Passes Moratorium on Large Scale Projects

The Maryville City Council, at its meeting Monday, unanimously passed a six-month moratorium on large-scale developments. This applies to all commercial or industrial developments that are 6o acres or more. This will give them time to study the impact that such facilities would have on the city and the area.

While the ordinance does not directly apply to the $6 billion proposed data center that would be located south of Maryville along Route 71, the City of Maryville has control over the estimated 600,000 to 650,000 gallons of wastewater that the data center would use daily should the plan involve the closed-loop system that would involve the facility buying the wastewater from Maryville, piping it in to their facility, and piping it back to Maryville, which would treat it at their plant and discharge it into the 102 River, subject to Missouri DNR and EPA rules.

The city says the moratorium is intended to provide the city with adequate time to evaluate the long-term impacts of large-scale growth and ensure that future development occurs in a manner that is consistent with the community’s infrastructure capacity, planning objectives, and overall public welfare.

The ordinance was pass in response to increased interest in large-scale development activity within Nodaway County and the recognition that projects of this magnitude can place substantial demands on public infrastructure, utilities, transportation networks, emergency services, stormwater management systems, and municipal operations.

During the moratorium period, the city will review existing land use policies, zoning regulations, subdivision standards, infrastructure and utility capacity, and development review procedures.

The ordinance applies to development projects proposed on properties larger than 60 contiguous acres and includes activities such as permitted use projects, rezonings, subdivision plats, planned unit development, site plan approvals, building permits, grading permits, and related activity.

There have been calls for the Nodaway County Commission to take a similar step. However, unlike Maryville, Nodaway County does not have zoning. At Tuesday’s meeting, commissioners talked with Attorney Travis Elliott about the feasibility of such a step. Mr. Elliott said that like everyone else, he was still trying to get answers on data centers, noting there was not a lot of case law regarding moratoriums and data centers. He said that the worst step that the county could do from a legal standpoint was to use a moratorium as a means to keep such facilities out completely. The next worst option would be for the county to declare a moratorium and hope that the problem goes away. He said that if they were going to pass such a moratorium, the most defensible way to do it would be to pass a 6-12 month moratorium and use the period to gather information about the positives and negatives as well as what the county can and can’t do.

The county took no action Tuesday on a moratorium. They are in the process of teaming with the Rural Water District and the City of Maryville to hire a lawyer who specializes in data centers and learn what they can and can’t do.

Earlier this year, Camden County (MO) passed a full-blown ordinance designed to regulate data centers. It gives the county authority to issue, manage, and revoke all permits related to data centers. The question is whether such an ordinance would stand up in court. The Missouri Legislature has passed legislation stating that county health ordinances cannot be more stringent than DNR regulations.

Recent Nodaway County Commission meetings have been characterized by opponents of the project attending the meetings to speak out. They want the commission to halt the project, citing environmental, health, noise, and light concerns along with the potential negative effect on property values. There were 39 people at the April 29th meeting, 30 more at the May 5th, five at Thursday’s meeting, and three at Tuesday’s meeting to speak out. Opponents have organized their own meeting, which will be held on May 21st at 6:00 pm at Salem Church, located near Pumpkin Center, to learn more about data centers and what local governments can and can’t do. A GoFundMe effort by opponents to retain a lawyer in an effort to halt the project raised $1,475 in its first day as of Tuesday morning.

 

$6 Billion Data Center Proposed for Southern Nodaway County

A $6 billion data center is being proposed for southern Nodaway County, which would be located in the South Nodaway school district. It is a 600-megawatt data center powered by a natural gas-powered energy facility. The facility is being designed to meet data and energy infrastructure needs.

A buildout of 10 years is planned, and the estimated life cycle of the facility is estimated to be around 35 years. It would redirect wastewater from the City of Maryville, where it would be used for the facility’s needs, and then redirected back to the Maryville wastewater treatment facility, where it would be treated by the city and released into the 102 River like any other wastewater. It would have to comply with DNR and EPA regulations like any other wastewater the city treats.

The goal is to minimize any water usage from Mozingo Lake and any electricity usage off the Evergy grid, which could drain Mozingo Lake and drive up the costs of electricity in the area.

The project is estimated to generate 1,000 construction jobs in Nodaway County, 130 permanent jobs during the lifetime of the facility, and a local investment of around $1.1 billion in local tax contributions over the life of the project.

The proposed facility would be located on around 700 acres.

However, the facility has attracted a large number of opponents. Opponents came to the Nodaway County Commission Meeting Tuesday, April 29th and to the Maryville City Council Meeting Monday, April 28th. Ugly rumors have been flying around Facebook regarding the project, and a Facebook group against the project has attracted a lot of members. Around 39 people attended another Nodaway County Commission meeting Thursday; while there were three people there who were supportive, the great majority were opposed, citing quality of life, noise, water supply and quality, pollution, wildlife, and other concerns.

The County Commission, and others like it, are limited in what they can do. Nodaway County is a non-zoning county and any efforts to pass zoning would be met with heavy opposition. Polk County passed zoning to cover the area of the township outside of Maryville but did away with it because it was unenforceable. Back in the 1990’s, Worth County passed a zoning measure in an effort to keep Confinement Animal Feeding Operations (CAFO’s) out of the county, but the zoning board appointed by the County Commission could never come to an agreement on how to regulate such structures.

Another solution that has gone by the wayside is passing a health ordinance. Last decade, Worth County passed a health ordinance in an effort to stop a proposed CAFO from being built. It was a massive ordinance, and it gave the Tri-County Health Department the authority to enforce it. But it, too, went by the wayside when the Missouri Legislature passed a law superseding it and other county health ordinances around the state and prohibiting counties from passing ordinances that are stricter than DNR or EPA standards.

Nodaway County used to have a health ordnance even after passage of the state law; however, back in 2021, they repealed it in order to make Nodaway County an Agri-Ready County in an effort to attract new businesses to the county. Worth County has not taken such a step.

One thing that counties can do is refuse to pass a tax abatement or grant one and then use it as leverage in case the company is in breach of contract. However, Nodaway County Commissioner Chris Burns said they have not been asked for a tax abatement. The county has been pressing the company for a public hearing regarding the proposed facility so that people can have more answers. Commissioners at Thursday’s meeting said they were trying to get answers like everyone else.

The problem is that nobody knows, as of May 2nd, 2026, who they are dealing with. Commissioners said they have dealt with representatives of the project twice. It has been under two developers. The first developer was Reload, which then handed it off to Scale Microgrid, a company based out of New Jersey. The developer would then hand the project off to some other company that could be a massive corporation like Amazon or Meta (Facebook) or a startup.

Josh McKim, the Nodaway County Economic Developer, said at Thursday’s meeting that he had dealt with representatives of Reload and then Scale Microgrid several times. The first was back in October or November when they came to him with what they were planning to do and the basic numbers. Mr. McKim said that he went to the Missouri Partnership, a state agency which seeks to attract businesses to the state. He said they told him that the job figures Reload quoted him were in line with what other projects generated.

At first, the facility was proposing to use 1.5 million gallons of water a day; the City of Maryville uses 3 million a day. However, they went back to the drawing board and found that a closed-loop system, like the one that would use Maryville’s wastewater, would save water and only mean using 600,000 to 650,000 gallons a day of wastewater and 10,000 to 15,000 gallons directly out of the rural water system. Any water that is filtered out of Maryville’s system after going through the closed-loop system would still have to meet DNR and EPA standards. The City of Maryville would have the authority to determine how much wastewater could be used in the project; for instance, they could sign a contract stating that the facility could not exceed 650,000 gallons of wastewater a day.

The City of Maryville, County of Nodaway, and the Rural Water District are teaming up to hire a lawyer with experience in dealing with data centers so that they can draw up a contract.

Such a project would have to have backup generators in the event of an outage. They would have to periodically test the generators, which would create noise issues.  There were concerns raised about ongoing noise, which would need to be addressed by sound barriers. Another issue raised by people at the meeting was light issues; one possible solution would be to have lights pointed downward and only turn on when someone was around. The gas turbines would generate an air quality issue, which would require dust collectors and a scrubber system.

Mr. McKim said that he was not a spokesperson for the company, he was not under any non-disclosure agreement, and that he was not for or against the proposed data center. He said that he viewed his job as listening to people and their concerns and trying to mitigate them as much as possible if the project does go forward. He said that his door was always open. He said that the proposed data center was not a done deal and that they had not even begun the permitting processes needed as of Thursday. “I won’t believe that it’s a done deal until the dirt starts moving,” he said. Mr. McKim noted that there was another project in which they had lined up the governor to come and give a talk for a groundbreaking ceremony. A week before the groundbreaking was to have happened, the company called and advised him that they were not moving forward with the project.

Tim Hatfield, a supporter of the project, spoke at the meeting. Mr. Hatfield said that his family has been in Nodaway County since 1857 and that they had taken out an option to purchase some of his land for the project. He said that he shared everybody else’s concerns about the project, but that, “Everything I’ve asked them to do, they’ve done.” He said that he made a special trip to the Meta data center in Kansas City and that he didn’t hear any noise and that the security guard he talked to and that when he talked to people he knew in Smithville, near where the project is located, he got laughed at. Another person who was at the meeting said he had talked to other people in Smithville and that they did have noise issues.

Mr. Hatfield said that this was a “once in a lifetime” opportunity to turn the area’s economy around. He said he could remember the times in Barnard when there were two banks and a grocery store in town. In addition to the jobs created at the plant, Mr. Hatfield said it would be an opportunity for Northwest to create a curriculum so that people who wanted to live and work in the area could have the skills necessary to work at the data center.

Billy Miers of Pickering, an opponent of the project, said that the commission should prepare itself for 4,000 citizens opposed to the project to contest it. He said that it could take years to get some of the permits needed for the project. “They are certainly free to do that,” said Mr. McKim. “Every day, I’m looking into negative concerns that people raise to me.”

Concerns were raised about migratory birds' routes. Currently, there are thousands of migratory birds that periodically stop near the 102 River just east of Maryville. The Cornell Lab of Ornithology says that research shows that bright artificial light strongly attracts and disorients migratory birds, pulling them into developed areas where they face higher risks of window collisions and habitat scarcity. Bright lights at night are responsible for countless bird deaths. Modern data centers operate 24/7 and use exterior lighting for security.

Another concern raised was that if the county were to use tax abatement as leverage over the end user, it would be pocket change for the company if it were to renege on any agreements between it and the county. Power Systems Technology, a website which reports on tech companies, reported that Scale Microgrids raised over $1 billion cumulative to support distributed energy projects across the US as of last year. On its own website, Scale Microgrids says it was acquired by EQT, which manages microgrid assets around the world, in January 2024. Since it is a privately owned company, they do not publish annual revenue or annual capital-deployment totals.

Another concern raised was that of eminent domain. Under Missouri law, eminent domain can only be exercised for a public use and only with “just compensation.” The court system would have the final say. Since Scale is a private company, it cannot exercise eminent domain to force reluctant landowners to sell property. The only entities which can condemn property under Chapter 523 include road and railroad companies, telephone companies, electric utilities, oil and gas pipeline companies, other entities created by statute for a recognized public use, and any governmental body. Courts require the condemning authority to prove public purpose and public necessity before condemnation can proceed. Landowners would have the right to contest the government’s right to condemn.

Steve Etcher, a consultant with the South Nodaway school, logged in to talk with the commissioners and Mr. McKim on Zoom about data centers. He said that abatements can be structured in different ways. He said some early data center projects involved 98% to 100% abatements for the first 20-30 years. Given that the proposed facility has an estimated 35-year lifespan, such a deal could mean a short window of opportunity for taxing entities before the facility closes down.

If the project is built at the scale that it’s estimated to be, the revenue for the South Nodaway school in year one alone could be as much as $40 million. Tax abatements are up to county commissions, but by law, it has to be done within the framework of the taxes that it charges. Mr. Etcher said that one thing he has seen is “community benefit payments,” where the county abates certain taxes, but the company turns around and pays a certain amount of money to taxing entities such as schools, since there is nothing stopping private companies from donating directly to taxing entities.

Another possibility for a “community benefit agreement” could be for the company to build certain roads and infrastructure as part of the tax abatement agreement. Even if the project were to go under, the roads and infrastructure would be the taxing entities to keep. Such roads would be under the control of the townships and the county; only they would have the authority to close roads.

An ongoing concern is that such a massive facility might go under. But Mr. Etcher said that the US is underdeveloped, with only 30% of the country’s tech infrastructure needs being served in the US, forcing the US to look overseas. This could be a nightmare for the US if they were to go to war with China over Taiwan; tensions between the two counties periodically flare up. That makes projects like the proposed project for Nodaway County a growth area for the country.

One concern raised was that of property values, especially among houses that are within two miles of the proposed facility. FOX 47 News, based in Michigan, reported that some studies show increases in home prices near data centers, while others show declines due to noise, aesthetics, and environmental concerns. FOX 47 cited a study from George Mason, which is located in northern Virginia, which found that home values actually went up as people wanted to be closer to places with good infrastructure, roads, and jobs.

But House Digest, a news site about homes and the real estate market, reports that there is a downside. Higher assessments mean higher property taxes, which could affect first-time homebuyers as well as people on fixed incomes. It says that these factors could make homes harder to sell.

Another concern raised was rising electricity and water rates. In February, Senator Josh Hawley and Connecticut Senator Richard Blumenthal introduced a bill to stop data centers from driving up energy costs. They would be required to build their own power sources, ensuring that the costs of their business are not passed on to American consumers. Water and electrical rates have been going up for the last two decades for reasons that have nothing to do for data centers. Even Ravenwood, which had one of the lowest water rates in the state for a long time, recently raised its water rates so that it could hire a city maintenance worker.

The Nodaway County Commission meets every Tuesday and Thursday from 8 am to noon and 1 to 3 in the afternoon. Commissioners may spend the afternoon portions traveling around the county looking at roads. All meetings are open to the public. They are held in the Commissioner’s room in the Nodaway County Administrative Center in Maryville.

 Corrected the meeting times for the Nodaway County Commission.