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City Commission

Regular Meeting

Manhattan, KS · January 14, 2025

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Minutes

CERTIFICATION OF CLERK I, Brenda K. Wolf, the duly appointed, qualified, and City Clerk of Manhattan, Kansas, do hereby certify that the foregoing Minutes from January 14, 2025, were duly adopted at a meeting of the City of Manhattan, Kansas, held on the 21st day of January, 2025, and that said Minutes have been compared by me with the original thereof on file and of record in my office, is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Manhattan, Kansas, this 21st day of January, 2025. _____________________________ Brenda K. Wolf, CMC, City Clerk MINUTES CITY COMMISSION MEETING TUESDAY, JANUARY 14, 2025 6:00 P.M. (Refer to Policy Resolution No. 022024-B – Section C. MEETING POLICIES AND PROCEDURES, Subsection 1, b. Time limits) This meeting was recorded and is available online for full viewing. 1. CALL TO ORDER At 6:00 p.m., Mayor Susan E. Adamchak called the January 14, 2025, City Commission Meeting to order. 2. ROLL CALL AND ANNOUNCEMENT OF A QUORUM Present: Commissioner Karen McCulloh, Commissioner Peter Oppelt, Commissioner John E. Matta, and Commissioner Jayme Minton, with Mayor Susan E. Adamchak presiding. Absent: None. After roll call, the City Clerk announced there were five (5) Commissioners present and that the quorum of three (3) was met. Also present were City Manager Danielle Dulin; Deputy City Manager Jason Hilgers, Assistant City Manager Jared Wasinger, Interim Director of Public Works/Assistant City Manager Wyatt Thompson, City Attorney Katharine Jackson, City Clerk Brenda K. Wolf, 10 staff, and approximately 18 interested citizens. 3. PLEDGE OF ALLEGIANCE Mayor Adamchak led the Commission in the Pledge of Allegiance. This meeting was held in the City Commission Room at City Hall, 1101 Poyntz Avenue. Public participation was solicited without regard to race, sex, familial status, military status, disability, religion, age, color, national origin, ancestry, sexual orientation, or gender identity. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in the City Commission Meeting or access meeting minutes, or those requiring language assistance (free of charge) should contact the City of Manhattan ADA Coordinator, Deann Tiede, no later than forty-eight (48) hours prior to the meeting, at (785) 587-2442 or 7-1-1 (Relay). Minutes City Commission Meeting January 14, 2025 Page 2 4. PROCLAMATION A. Mayor Susan Adamchak proclaimed January 18 and January 25, 2025, Dr. Martin Luther King, Jr. Community Celebration and Day of Service. Kevin Bryant, Chair, and Susanne Glymour, Art/Writing Contest Coordinator, Martin Luther King, Jr. Memorial Committee, were present to receive the proclamation. 5. PUBLIC COMMENTS Mayor Adamchak opened the public comments and highlighted the process. The Commission heard public comment on items and issues not scheduled on the agenda. The following members of the public provided comments: • Jeremy Harmon, 1008 Highland Ridge Drive; Community Relations Director, Center of Hope Ministry • Caela Simmons-Wood, Pastor, First Congregational United Church of Christ • Gary Olds, 3308 Frontier Circle Hearing no other comments, Mayor Adamchak closed the public comments. Wyatt Thompson, Interim Public Works Director/Assistant City Manager, provided a mid- response assessment of the City’s response to the Winter Storm Blair which started January 4, 2025. He provided information regarding the snow operations effort and removal and the Snow Blitz planned for January 14-17, 2025. The Commissioners were appreciative of and extended their thanks to all involved with the snow operations effort. 6. COMMISSIONER COMMENTS Commissioner McCulloh thanked City staff/crews and contractors who plowed the snow and to hospital and nursing home staff that stayed at work to take care of people during Winter Storm Blair. She stated that she was concerned to hear about the homelessness issue that was mentioned during Public Comments and that emergency preparedness needs to be revisited. Commissioner Oppelt stated that he was proud of the entire community and that the amount of mutual aid among the community was phenomenal. He said that he too wanted to see better support for the homelessness to have more organized. He mentioned that communication from the staff was phenomenal and that to know where snow crews were. He commented that it was great to see the community come together during this historic Minutes City Commission Meeting January 14, 2025 Page 3 snow event. He also mentioned that as a result of the snowstorm, it would cause potholes and that City crews would do the best to get them patched as soon as possible. Commissioner Matta echoed all the comments that had been made. He thanked City staff for all the hard work that went into this recent snow event. He said that it really did take all departments chipping in for this 125-year storm event. Commissioner Minton also echoed all the comments that had been made. She stated that she heard from many people that lived outside of Manhattan and from other cities in Kansas that complemented Manhattan on how well the City handled the Winter Storm Blair event better than their cities and how much better Manhattan’s roads were than theirs. She said she appreciated everyone for all the work done. Mayor Adamchak acknowledged the recent retirement on Friday, December 27, 2024, at Pottorf Hall of Assistant Director Kurt Moldrup and thanked him for his decades of service to the community. 7. CONSENT AGENDA (* denotes those items discussed) A. MINUTES 1. Approve the minutes of the Regular City Commission Meeting held Tuesday, December 17, 2024. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3081 authorizing and approving the payment of claims from December 11, 2024 – December 31, 2024, in the amount of $5,573,487.66 C. LICENSES 1. Approve an annual Cereal Malt Beverages Off-Premises License for Walmart #35, Walgreens #07060, and an annual Cereal Malt Beverages On- Premises License for K-State Union Bowling Center. D. SECOND AND FINAL READING 1. Approve Ordinance No. 7737 amending the Manhattan Development Code (MDC). E. FIRST READINGS * 1. Item was removed from the Consent Agenda at the request of Commissioner McCulloh. Approve first reading of an ordinance rezoning approximately of 26 lots south of downtown to either Downtown Commercial (CD) District or Business Commercial (BC) District. Minutes City Commission Meeting January 14, 2025 Page 4 * 2. Item was removed from the Consent Agenda at the request of Commissioner McCulloh. Approve first reading of an ordinance rezoning 10 tracts west of downtown to Downtown Commercial (CD) District. * 3. Item was removed from the Consent Agenda at the request of Commissioner McCulloh. Approve first reading of an ordinance rezoning two lots (330 and 336 Vattier Street) from Low-Density Residential (RL) District with Established Neighborhood overlay (O-EN) to Medium Density Residential (RM) District. F. RESOLUTIONS 1. Find the petitions sufficient; approve Resolution Nos. 011425-A and 011425-B finding the projects advisable and authorizing construction; and authorize a Professional Engineering Services Agreement in the amount not to exceed $41,990.00 with Schwab Eaton Consultants, P.A., for The Highlands at Grand Mere, Unit III (ST2407, WA2409). 2. Approve Resolution No. 011425-C supporting Excel Development Group to apply for the Low-Income Housing Tax Credit (LIHTC) Program through the Kansas Housing Resource Corporation (KHRC). G. PROFESSIONAL SERVICES 1. Approve a Professional Services Agreement in the amount of $74,694.00 with BG Consultants, Inc., for the 2025 Stormwater Maintenance Phase 2 Project (SW2502). 2. Approve a Professional Services Agreement in the amount not to exceed $479,294.00 with Lighthouse Construction Guidance LLC for the Anderson Avenue, from Harris Avenue to Connecticut Avenue, Water, Street, and Stormwater Improvements Project (WA1909, ST2203, SW2206, PD2401; CIP #’s WA086P, WA177P, WA178P, WA179P, WA180P, WA181P). H. BID AND AWARD 1. Authorize an increased construction contract amount of $31,907.20 and final payment with Leavenworth Excavating and Equipment Company, for the Fremont Street Improvements Project (SP1604, ST2202, WA2205, SS2206, SW2201). I. MISCELLANEOUS AGREEMENTS 1. Authorize City Administration to finalize and the Mayor and City Clerk to execute a Reimbursement Agreement in the amount of $73,603.20 with Riley County for aerial photography services. 2. Approve Small Government Enterprise Agreement in the amount of $188,169.00 with Esri for Geographic Information Systems (GIS) software. 3. Approve an Agreement with VeoRide, Inc., for operation as a micromobility network company on city streets, sidewalks and rights-of-way. Minutes City Commission Meeting January 14, 2025 Page 5 Mayor Adamchak opened the public comments. The following member of the public provided comments: • Mel Borst, 1918 Humboldt Street, provided comments toward Consent Item E3 [REZONING OF 330 AND 336 VATTIER STREET]. Hearing no other comments, Mayor Adamchak closed the public comments. MOTION: Commissioner McCulloh. ACTION: Approve the consent agenda, with the exception of Items E1, E2, E3 which were removed from the consent agenda. SECOND: Commissioner Oppelt. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor Adamchak, Commissioner McCulloh, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. 8. ITEM REMOVED FROM CONSENT AGENDA E1. FIRST READING – REZONE – 18 TRACTS TO DOWNTOWN COMMERCIAL DISTRICT (CD) AND 8 TRACTS TO BUSINESS COMMERCIAL DISTRICT (BC) SOUTH OF DOWNTOWN [PIERRE STREET TO EL PASO LANE/4TH STREET TO WEST OF 5TH STREET] Stephanie Peterson, Director of Community Development, presented the item. She then answered questions from the Commission. Mayor Adamchak opened the public comments. Hearing no comments, Mayor Adamchak closed the public comments. Minutes City Commission Meeting January 14, 2025 Page 6 MOTION: Commissioner Oppelt. ACTION: Approve first reading of an ordinance rezoning approximately of 26 lots south of downtown to either Downtown Commercial (CD) District or Business Commercial (BC) District. [See Attachment No. 1 within the provided link.] SECOND: Commissioner Minton. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor Adamchak, Commissioner McCulloh, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. E2. FIRST READING – REZONE – 10 TRACTS WEST OF DOWNTOWN TO DOWNTOWN COMMERCIAL DISTRICT (CD) [HUMBOLDT STREET TO HOUSTON STREET/6TH STREET TO 8TH STREET] Stephanie Peterson, Director of Community Development, presented the item. She then answered questions from the Commission. Mayor Adamchak opened the public comments. Hearing no comments, Mayor Adamchak closed the public comments. MOTION: Commissioner Minton. ACTION: Approve first reading of an ordinance rezoning 10 tracts west of downtown to Downtown Commercial (CD) District. [See Attachment No. 1 within the provided link.] SECOND: Commissioner McCulloh. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor Adamchak, Commissioner McCulloh, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. Minutes City Commission Meeting January 14, 2025 Page 7 E3. FIRST READING – REZONE – 330/336 VATTIER STREET FROM LOW- DENSITY RESIDENTIAL DISTRICT (RL) WITH ESTABLISHED NEIGHBORHOOD OVERLAY (O-EN) TO MEDIUM DENSITY RESIDENTIAL DISTRCT (RM) Stephanie Peterson, Director of Community Development, presented the item. She then answered questions from the Commission. Mayor Adamchak opened the public comments. The following members of the public provided comments: • Mel Borst, 1918 Humboldt Street. He answered questions from the Commission. • Ann Kosch, 405 and 409 Vattier Street Zac Burton, 3651 Victory Drive, applicant, provided information regarding the proposed project. Hearing no other comments, Mayor Adamchak closed the public comments. Stephanie Peterson, Director of Community Development answered additional questions. MOTION: Commissioner Minton. ACTION: Approve first reading of an ordinance rezoning two lots from Low- Density Residential (RL) District with Established Neighborhood overlay (O-EN) to Medium Density Residential (RM) District. [See Attachment No. 1 within the provided link.] SECOND: Commissioner Matta. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor Adamchak, Commissioner McCulloh, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. 9. RE-ORGANIZATION A. City Clerk Brenda K. Wolf called for nomination of new Mayor. Minutes City Commission Meeting January 14, 2025 Page 8 MOTION: Commissioner Oppelt. ACTION: Mayor/Commissioner Susan E. Adamchak be appointed to serve as Mayor until the first working Tuesday of January 2026. SECOND: Commissioner Minton. RESULT: Susan E. Adamchak declined the nomination. MOTION: Mayor Adamchak. ACTION: Commissioner Karen McCulloh be appointed to serve as Mayor until the first working Tuesday of January 2026. SECOND: Commissioner Matta. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor Adamchak, Commissioner McCulloh, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. B. City Clerk Brenda K. Wolf called for nomination of new Mayor Pro Tem. MOTION: Commissioner Oppelt. ACTION: Commissioner Susan E. Adamchak be appointed to serve as Mayor Pro Tem until the first working Tuesday of January 2026. SECOND: Mayor McCulloh. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor Adamchak, Commissioner McCulloh, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. C. Outgoing Mayor Susan E. Adamchak provided remarks for her term as Mayor. D. Newly elected Mayor Karen McCulloh provided remarks for the upcoming year. Minutes City Commission Meeting January 14, 2025 Page 9 10. CITY MANAGER BRIEFING The City Manager provided a list of upcoming meetings/events involving the Commission, provided a list of board positions on Boards/Committees that the Commission served on, and mentioned an upcoming FEMA ICS402 training for elected officials. 11. EXECUTIVE SESSION MOTION: Commissioner Oppelt. ACTION: Recess into Executive Session to conduct a performance review of the City Manager, pursuant to the exception set forth in K.S.A. 75- 4319(b)(1) allowing for discussion of personnel matters of non-elected personnel, and to resume the open meeting at 8:00 p.m. in the City Commission Room. SECOND: Commissioner Adamchak. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor McCulloh, Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. At 8:00 p.m., the Commission reconvened with Mayor McCulloh and Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton in attendance. MOTION: Commissioner Oppelt. ACTION: Recess into Executive Session to conduct a performance review of the City Manager, pursuant to the exception set forth in K.S.A. 75- 4319(b)(1) allowing for discussion of personnel matters of non- elected personnel, and to resume the open meeting at 8:15 p.m. in the City Commission Room. SECOND: Commissioner Adamchak. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor McCulloh, Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. Minutes City Commission Meeting January 14, 2025 Page 10 At 8:15 p.m., the Commission reconvened with Mayor McCulloh and Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton in attendance. Mayor McCulloh stated that no binding action was taken during Executive Session, therefore no vote in the open meeting was needed. 12. ADJOURNMENT MOTION: Commissioner Oppelt. ACTION: Adjourn the January 14, 2025, City Commission Meeting. SECOND: Commissioner Adamchak. RESULT: On a roll call vote, motion carried 5-0. Ayes: Mayor McCulloh, Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. At 8:16 p.m., Mayor McCulloh announced the Commission meeting was adjourned. ____________________________________ Brenda K. Wolf, CMC, City Clerk

Agenda

AGENDA TUESDAY, JANUARY 14, 2025 CITY COMMISSION ROOM CITY HALL 1101 POYNTZ AVENUE MANHATTAN, KS 66502 City Commission Meeting 6:00 P.M. NOTE: Agenda items are available on the City’s website at https://www.cityofmhk.com/Archive.aspx?ADID=9392. If you would like to provide public comment at the meeting for an item on the agenda, you may sign up in person at the meeting. The guidelines for public comments can be found in Resolution No. 022024-B, https://cityofmhk.com/meetingspolicy. If you would like to provide written comment for an item on the agenda in lieu of coming to City Hall, comments may be submitted through the City’s website at https://cityofmhk.com/contactcommissioners or by emailing or calling the Commissioners directly. Contact information for each Commissioner is located on the City’s website at https://cityofmhk.com/202/City-Commission. The City Commission Meeting will be televised live on local Cox Cable Channel 3, on the City’s website at http://cityofmhk.com/tv, and also on Facebook at https://www.facebook.com/Cityofmanhattan. A recording will be made available on the City’s website after the meeting. 1. CALL TO ORDER 2. ROLL CALL AND ANNOUNCEMENT OF A QUORUM 3. PLEDGE OF ALLEGIANCE This meeting is being held in the City Commission Room at City Hall, 1101 Poyntz Avenue, Manhattan, KS 66502. Public participation is solicited without regard to race, sex, familial status, military status, disability, religion, age, color, national origin, ancestry, sexual orientation, or gender identity. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this meeting, or those requiring language assistance (free of charge) should contact the City of Manhattan ADA Coordinator, Deann Tiede, no later than forty-eight (48) hours prior to the meeting, at (785) 587-2442 or 7-1-1 (Relay). Agenda City Commission Meeting Tuesday, January 14, 2025 Page 2 4. PROCLAMATION A. January 18 and January 25, 2025, Dr. Martin Luther King, Jr. Community Celebration and Day of Service. (Kevin Bryant, Chair, and Susanne Glymour, Art/Writing Contest Coordinator, Martin Luther King, Jr. Memorial Committee, will be present to receive the proclamation.) 5. PUBLIC COMMENTS [Public Comment is for comments from the public to the City Commission, which is not related to an item on the agenda. As a general practice, the City Commission will not discuss or debate these items, nor will the City Commission make decisions on items presented during this time. Individuals should address all comments and questions to the Commission. Each person will be limited to one speaking opportunity for up to five (5) minutes for this section.] 6. COMMISSIONER COMMENTS 7. CONSENT AGENDA [Items on the Consent Agenda are those of a routine and housekeeping nature or those items which have previously been reviewed by the City Commission and may be approved in one motion. A Commissioner may request an item be removed for separate discussion and considered immediately following the Consent Agenda. Comment from the public related to any item on the Consent Agenda to the City Commission is allowed. Each person will be limited to one speaking opportunity for up to five (5) minutes for this section.] A. MINUTES 1. Approve the minutes of the Regular City Commission Meeting held Tuesday, December 17, 2024. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3081 authorizing and approving the payment of claims from December 11, 2024 – December 31, 2024, in the amount of $8,000,466.63. C. LICENSES 1. Approve an annual Cereal Malt Beverages Off-Premises License for Walmart #35, Walgreens #07060, and an annual Cereal Malt Beverages On- Premises License for K-State Union Bowling Center. D. SECOND AND FINAL READING 1. Approve Ordinance No. 7737 amending the Manhattan Development Code (MDC). Agenda City Commission Meeting Tuesday, January 14, 2025 Page 3 E. FIRST READINGS 1. Approve first reading of an ordinance rezoning approximately of 26 lots south of downtown to either Downtown Commercial (CD) District or Business Commercial (BC) District. 2. Approve first reading of an ordinance rezoning 10 tracts west of downtown to Downtown Commercial (CD) District. 3. Approve first reading of an ordinance rezoning two lots from Low-Density Residential (RL) District with Established Neighborhood overlay (O-EN) to Medium Density Residential (RM) District F. RESOLUTIONS 1. Find the petitions sufficient; approve Resolution Nos. 011425-A and 011425-B finding the projects advisable and authorizing construction; and authorize a Professional Engineering Services Agreement in the amount not to exceed $41,990.00 with Schwab Eaton Consultants, P.A., for The Highlands at Grand Mere, Unit III (ST2407, WA2409). 2. Approve Resolution No. 011425-C supporting Excel Development Group to apply for the Low-Income Housing Tax Credit (LIHTC) Program through the Kansas Housing Resource Corporation (KHRC). G. PROFESSIONAL SERVICES 1. Approve a Professional Services Agreement in the amount of $74,694.00 with BG Consultants, Inc., for the 2025 Stormwater Maintenance Phase 2 Project (SW2502). 2. Approve a Professional Services Agreement in the amount not to exceed $479,294.00 with Lighthouse Construction Guidance LLC for the Anderson Avenue, from Harris Avenue to Connecticut Avenue, Water, Street, and Stormwater Improvements Project (WA1909, ST2203, SW2206, PD2401; CIP #’s WA086P, WA177P, WA178P, WA179P, WA180P, WA181P). H. BID AND AWARD 1. Authorize an increased construction contract amount of $31,907.20 and final payment with Leavenworth Excavating and Equipment Company, for the Fremont Street Improvements Project (SP1604, ST2202, WA2205, SS2206, SW2201). I. MISCELLANEOUS AGREEMENTS 1. Authorize City Administration to finalize and the Mayor and City Clerk to execute a Reimbursement Agreement in the amount of $73,603.20 with Riley County for aerial photography services. 2. Approve Small Government Enterprise Agreement in the amount of $188,169.00 with Esri for Geographic Information Systems (GIS) software. 3. Approve an Agreement with VeoRide, Inc., for operation as a micromobility network company on city streets, sidewalks and rights-of- way. 8. ITEM REMOVED FROM CONSENT AGENDA Agenda City Commission Meeting Tuesday, January 14, 2025 Page 4 9. REORGANIZATION A. City Clerk Brenda Wolf calls for nomination of new Mayor. B. Mayor Elect calls for nomination of new Mayor Pro Tem. C. Comments from outgoing Mayor. D. Mayor Elect will provide remarks for the upcoming year. 10. CITY MANAGER BRIEFING [The purpose of this Briefing is for the City Manager to review future agenda items and provide general updates, Commissioners report on meetings attended as a City Commission Representative and seek feedback, discuss potential training/educational opportunities, and coordinate calendars, invitations/notices and scheduling. Public Comment is not permitted during this briefing period.] 11. EXECUTIVE SESSION [Executive Sessions are closed meetings held in accordance with the provisions of the Kansas Open Meetings Act. Discussion is limited to topics listed in KSA 75- 4319.] A. Recess into Executive Session to conduct a performance review of the City Manager, pursuant to the exception set forth in K.S.A. 75-4319(b)(1) allowing for discussion of personnel matters of non-elected personnel, and to resume the open meeting at ________ p.m. in the City Commission Room. 12. ADJOURNMENT A. Move to adjourn the January 14, 2025, City Commission Meeting.

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