Sent: Tuesday, August 11, 2026 6:05 AM
To: mcre13@gmail.com <mcre13@gmail.com>
Subject: Tax Incentives and Evil in our Government Schools
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Short answer: It is theoretically possible under home rule, but practically very difficult — and likely too late — to get a true advisory (non-binding) question onto the official November 3, 2026 general election ballot.
Advisory elections have special status Kansas Attorney General opinions and the state’s Election Standards confirm that cities (constitutional home rule) and counties (statutory home rule) can call non-binding advisory elections on public issues. However, these are not official “question submitted” elections. Because of that, county election officials are generally not authorized to supervise or run them the same way they run candidate races or statutory ballot questions. Separate ballots and arrangements are typically required.
Timing is the biggest obstacle right now
Even if the full Topeka City Council or Shawnee County Commission voted tomorrow to request an advisory question, the election office would have very little time to accommodate it on the official November ballot — and may decline because advisory elections fall outside their normal authority.
What would actually be required
Bottom line: While home rule allows advisory questions in principle, getting one onto this November’s official ballot is highly unlikely given the non-official status of advisory elections and the tight production deadlines. The realistic window has largely closed. For a definitive answer on whether Shawnee County’s election office would even accept such a request at this late date, the governing body would need to contact the Election Commissioner directly and soon.
No, it is highly unlikely that a single city council member, the mayor, or a county commissioner could get a data center question onto this November’s (November 3, 2026) ballot, and even the full governing body faces major practical and legal hurdles.
Kansas local governments act through their governing bodies as a whole. An individual council member, mayor, or commissioner generally lacks unilateral authority to place a question on the ballot. The city council (for Topeka) or Board of County Commissioners (for Shawnee County) would need to adopt a resolution or take formal action.
Shawnee County has already moved data centers and battery energy storage into a Conditional Use Permit process (with higher fees and escrow requirements). Topeka imposed a one-year moratorium. Those processes continue on their own track and include public hearings.
It is already August 11. Key practical constraints include:
Even if the full Topeka City Council or Shawnee County Commission acted immediately, adding a brand-new local question this late would be extremely difficult (and in many cases impossible without a special election). Special elections are costly and still require statutory or home-rule authority plus coordination with the county election commissioner.
In short: one elected official cannot put it on this November’s ballot. The full body would face both legal-authority questions (binding vs. advisory) and severe timing constraints. The existing CUP and moratorium processes are the current mechanisms for deciding these projects, with public participation already built in. For precise local deadlines or procedures, the Shawnee County Election Office or city/county legal counsel would be the authoritative sources.
Key Facts
Compass develops multi-building campuses rather than one-off facilities. Active or developing sites (as of recent company information) include:
It has operated or developed on the order of ~16–17 campuses/sites with significant contracted capacity (hundreds of MW to over 1 GW range across the portfolio in recent descriptions).
In short, Compass is a mid-to-large player in the hyperscale data center space that differentiates itself through standardized, prefabricated construction methods, institutional backing, and an explicit emphasis on long-term community partnership and operational sustainability. Its official site is compassdatacenters.com.
Good afternoon Mr. McClure,
Thank you for your message. This message serves as confirmation that your email has been received by the council members.
Tonya L. Bailey
Sr. Executive Assistant to the City Council
City of Topeka
215 SE 7th St. Rm 211
785-368-3710
“The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney/client or other applicable privileges or that may constitute non-public information. This message is intended to be conveyed only to the designated recipient(s). If you are not listed as a recipient of this message, please notify the sender immediately by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful.”
From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, August 11, 2026 11:17 AM
To: Kevin Cook <kevin.cook@snco.us>; Karen A. Hiller <khiller@topeka.org>; MCRE Media <mcre1.9999@blogger.com>
Cc: Governing Body <governingbody@topeka.org>; Robert M. Perez <rmperez@topeka.org>; Bill Riphahn <bill.riphahn@snco.us>; aaron.mays@snco.us
Subject: Subject: Request Regarding Ownership of GO Topeka Land Holdings
|
Notice: -----This message was sent by an external sender-----
|
Dear Councilmember Hiller and Commissioner Cook,
I am writing regarding the approximately 230+ acres of land currently titled to Growth Organization of Topeka/Shawnee County, Inc. (GO Topeka), particularly the large tracts in the Central Crossing Commerce Park area along SW 49th Street and the parcel near Wakarusa.
These properties were acquired and held using public economic development resources. In my view, land of this nature should not remain under the permanent control of a private nonprofit. It should be deeded back to the City of Topeka, Shawnee County, or held collectively by JEDO so that elected officials — and ultimately the voters — retain clear public oversight.
GO Topeka currently exercises significant discretion over these assets with limited direct accountability to the public. That arrangement has allowed the organization to operate with a level of independence that, in practice, can feel like a stranglehold on the community’s ability to set its own economic development priorities. Those days need to end.
I respectfully ask that you consider initiating a formal review of these land holdings and explore transferring title to the appropriate public body (City, County, or JEDO). Public land acquired with public funds should remain under public control.
Thank you for your attention to this matter. I am available to discuss it further if helpful.
Sincerely,
Henry McClure
Topeka, Kansas
MCRE, LLC
3625 SW 29th Street
Topeka KS 66614
785.383.9994