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City Commission

Regular Meeting

Manhattan, KS · March 4, 2025

AgendaMinutes

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 February 18, 2025, were duly adopted at a meeting of the City of Manhattan, Kansas, held on the 4th day of March, 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 4th day of March, 2025. _____________________________ Brenda K. Wolf, CMC, City Clerk MINUTES CITY COMMISSION MEETING TUESDAY, FEBRUARY 18, 2025 6:00 P.M. This meeting was recorded and is available online for full viewing. 1. CALL TO ORDER At 6:00 p.m., Commissioner Peter Oppelt called the February 18, 2025, City Commission Meeting to order. 2. ROLL CALL AND ANNOUNCEMENT OF A QUORUM Present: Mayor Karen McCulloh(virtually), Commissioner Susan E. Adamchak (virtually), Commissioner John E. Matta (virtually), and Commissioner Jayme Minton (virtually), with Commissioner Peter Oppelt 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, 3 staff, and approximately 8 interested citizens. 3. PLEDGE OF ALLEGIANCE Commissioner Oppelt 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 February 18, 2025 Page 2 4. PUBLIC COMMENTS Commissioner Oppelt opened the public comments and highlighted the process. Hearing no comments, Commissioner Oppelt closed the public comments. 5. COMMISSIONER COMMENTS Commissioner Matta thanked City staff for working through the weather and the Street crews for doing a great job for the current snow event. Commissioner Oppelt thanked those that showed up to his coffee event on February 15, 2025, at 9:00 a.m., in the Grosback Room at the Manhattan Public Library. He said they had a great conversation and that he planned to have more in the future. He commented that he had a conversation with the staff at Senator Jerry Moran’s local office regarding the federal tax cuts and the need to stay in communication with him. Mayor McCulloh asked City staff to contact K-State to see how tax cuts at the state and federal level was impacting them so that the Commission was informed. She said she’s heard a lot of concern. Wyatt Thompson, Interim Director of Public Works/Assistant City Manager, provided an update on the cleanup from the snow event that day and when crews were expected to start in the residential areas and in Aggieville and Downtown. He said Parks and Recreation crews were clearing facilities, trails, and sidewalks. 6. CONSENT AGENDA (* denotes those items discussed) A. MINUTES 1. Approve the minutes of the Regular City Commission Meeting held Tuesday, February 4, 2025. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3086 authorizing and approving the payment of claims from January 29, 2025 – February 11, 2025, in the amount of $2,180,401.23. 2. Approve Claims Register No. 3087 authorizing and approving the payment of claims from January 29, 2025 – February 11, 2025, in the amount of $4,773,616.59. Minutes City Commission Meeting February 18, 2025 Page 3 C. SECOND AND FINAL READING 1. Approve Ordinance No. 7741 levying special assessments against the following benefitting property in 14 public improvement districts: Candlewood Shopping Center Turn Lane Street Improvements (ST1914); The Highlands at Grand Mere, Unit Two – Sanitary Sewer (SS2014), Street (ST2012), and Water (WA2024); Stagg Hill Golf Course Waterline Improvements (WA2109); Elijah Addition – Sanitary Sewer (SS1916), Street (ST1906), and Water (WA1916); Henry Addition – Sanitary Sewer (SS2107), Street (ST2104), and Water (WA2106); Genesis Health Club Sidewalk Improvements (SW1603); and Stagg Hill Business Community Addition Sewer (SS2307) and Water (WA2311) Extension. D. RESOLUTIONS 1. Approve Resolution No. 021825-A determining intent to issue Industrial Revenue Bonds (IRBs) and authorizing a Sales Tax Exemption for the Sunflower Flats Project, and repeal and replace Resolution No. 040224-B. * 2. Item was removed from the Consent Agenda at the request of Commissioner Adamchak. Approve Resolution No. 021825-B, determining the City’s intent to issue Industrial Revenue Bonds (IRB) and authorizing a sales tax exemption for Cedarhurst of Manhattan Real Estate, LLC’s Cedarhurst of Manhattan project. E. BID AND AWARD 1. Authorize an increased construction contract in the amount of $148,238.50 with Walters-Morgan Construction, Inc. for the Water Treatment Plant Lime Sludge Lagoon Improvements Project (WA1907). F. APPOINTMENTS 1. Approve the Mayor’s recommendations for appointment to external and/or City boards and committees. a. Appointment of Sara Fisher to the Board of Zoning Appeals. Commissioner Oppelt opened the public comments. Hearing no comments, Commissioner Oppelt closed the public comments. Minutes City Commission Meeting February 18, 2025 Page 4 MOTION: Commissioner Minton. ACTION: Approve the consent agenda, with the exception of Item D2, Sales Tax Exemption for Cedarhurst of Manhattan Real Estate, LLC’s Cedarhurst of Manhattan project, that was removed from the Consent Agenda. 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. 7. ITEM REMOVED FROM CONSENT AGENDA D2. SALES TAX EXEMPTION FOR CEDARHURST OF MANHATTAN REAL ESTATE, LLC’S CEDARHURST OF MANHATTAN PROJECT Jason Hilgers, Deputy City Manager, presented the item. He then answered questions from the Commission. Nick Dwyer (virtually), Director of Development for Dover Development, provided additional information regarding the project and answered questions from the Commission. Commissioner Oppelt opened the public comments. Hearing no comments, Commissioner Oppelt closed the public comments. MOTION: Commissioner Matta. ACTION: Approve Resolution No. 021825-B, determining the City’s intent to issue Industrial Revenue Bonds (IRB) and authorizing a sales tax exemption for Cedarhurst of Manhattan Real Estate, LLC’s Cedarhurst of Manhattan project. SECOND: Mayor McCulloh. RESULT: On a roll call vote, motion carried 4-0-1. Ayes: Mayor McCulloh, Commissioner Adamchak, Commissioner Oppelt, and Commissioner Matta. Nayes: None. Abstain: Commissioner Minton. Minutes City Commission Meeting February 18, 2025 Page 5 8. GENERAL AGENDA A. CONSIDER DEVELOPMENT AGREEMENT FOR SUNFLOWER FLATS Jason Hilgers, Deputy City Manager, introduced the item. Garric Baker, Baker McMillan Architects; Aaron Estabrook, Executive Director, Manhattan Housing Authority; and Michael Snodgrass (virtually), President and Chief Executive Officer, Oikos Development Corporation, gave an overview of the project. Aaron Estabrook, Executive Director, Manhattan Housing Authority, answered questions from the Commission. Jason Hilgers, Deputy City Manager, provided an overview of the development agreement and land transfer. Commissioner Peter Oppelt opened the public comments. Hearing no comments, Commissioner Peter Oppelt closed the public comments. MOTION: Commissioner Oppelt. ACTION: Authorize City Administration to finalize and the Mayor and City Clerk to execute a land transfer and development agreement with the Manhattan Housing Authority (MHA) for Lot 1, Sunflower Flats for the Sunflower Flats project; and authorize Mayor and City Clerk to execute necessary real estate documents. SECOND: Commissioner Minton. 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. B. CONSIDER GUARANTEED MAXIMUM PRICE FOR 12TH STREET IMPROVEMENTS, FROM MORO TO LARAMIE, AND THE ALLEY BETWEEN MORO STREET AND LARAMIE STREET, AND THE PRELIMINARY DESIGN FOR LARAMIE STREET IN AGGIEVILLE (AG2202) Jason Hilgers, Deputy City Manager, presented the item. Minutes City Commission Meeting February 18, 2025 Page 6 Jason Hilgers, Deputy City Manager, and Mark Bachamp, Olsson, answered questions from the Commission. Commissioner Oppelt opened the public comments. The following member of the public provided comments: • Dennis Cook, Executive Director, Aggieville Business Association, 1125 Moro Street Hearing no other comments, Commissioner Oppelt closed the public comments. Adam Crowl, BHS Construction, answered questions from the Commission. Majority of the Commission approved the preliminary design presented for Laramie Street, from North Manhattan Avenue to 11th Street, and were interested in providing free parking in the Aggieville parking garage or considering other options while the Moro Street intersection was under construction. MOTION: Commissioner Minton. ACTION: Accept the Guaranteed Maximum Price in the amount of $5,439,282.00 and authorize the construction of 12th Street, from Moro Street to Laramie Street, and the alley between Moro Street and Laramie Street from North Manhattan Avenue to 12th Street (AG2202). 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 February 18, 2025 Page 7 MOTION: Commissioner Minton. ACTION: Approve the Second Amendment to the Construction Manager at Risk Agreement with BHS Construction splitting the 12th Street construction and the Laramie Street construction into two phases (AG2202). SECOND: Commissioner Oppelt. 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. ( 9. ADJOURNMENT MOTION: Commissioner Oppelt. ACTION: Adjourn the February 18, 2025, City Commission Meeting. SECOND: Commissioner Minton. 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. City Manager Danielle Dulin announced there would be no Work Session on February 25, 2025, due to Commissioners attending the G0402 – Incident Command System Overview for Executives and Senior Official at Riley County in the Board of County Commissioners Chambers. At 7:12 p.m., Commissioner Oppelt announced the Commission meeting was adjourned. ____________________________________ Brenda K. Wolf, CMC, City Clerk

Agenda

AGENDA TUESDAY, FEBRUARY 18, 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=9441. 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, February 18, 2025 Page 2 4. 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 three (3) minutes for this section, with an initial period of thirty (30) minutes for this section.] 5. COMMISSIONER COMMENTS 6. 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 three (3) minutes for this section, with an initial period of thirty (30) minutes for this section.] A. MINUTES 1. Approve the minutes of the Regular City Commission Meeting held Tuesday, February 4, 2025. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3086 authorizing and approving the payment of claims from January 29, 2025 – February 11, 2025, in the amount of $2,180,401.23. 2. Approve Claims Register No. 3087 authorizing and approving the payment of claims from January 29, 2025 – February 11, 2025, in the amount of $4,773,616.59. C. SECOND AND FINAL READING 1. Approve Ordinance No. 7741 levying special assessments against the following benefitting property in 14 public improvement districts: Candlewood Shopping Center Turn Lane Street Improvements (ST1914); The Highlands at Grand Mere, Unit Two – Sanitary Sewer (SS2014), Street (ST2012), and Water (WA2024); Stagg Hill Golf Course Waterline Improvements (WA2109); Elijah Addition – Sanitary Sewer (SS1916), Street (ST1906), and Water (WA1916); Henry Addition – Sanitary Sewer (SS2107), Street (ST2104), and Water (WA2106); Genesis Health Club Sidewalk Improvements (SW1603); and Stagg Hill Business Community Addition Sewer (SS2307) and Water (WA2311) Extension. Agenda City Commission Meeting Tuesday, February 18, 2025 Page 3 D. RESOLUTIONS 1. Approve Resolution No. 021825-A determining intent to issue Industrial Revenue Bonds (IRBs) and authorizing a Sales Tax Exemption for the Sunflower Flats Project, and repeal and replace Resolution No. 040224-B. 2. Approve Resolution No. 021825-B, determining the City’s intent to issue Industrial Revenue Bonds (IRB) and authorizing a sales tax exemption for Cedarhurst of Manhattan Real Estate, LLC’s Cedarhurst of Manhattan project. E. BID AND AWARD 1. Authorize an increased construction contract in the amount of $148,238.50 with Walters-Morgan Construction, Inc. for the Water Treatment Plant Lime Sludge Lagoon Improvements Project (WA1907). F. APPOINTMENTS 1. Approve the Mayor’s recommendations for appointment to external and/or City boards and committees. a. Appointment of Sara Fisher to the Board of Zoning Appeals. 7. ITEM REMOVED FROM CONSENT AGENDA 8. GENERAL AGENDA A. CONSIDER DEVELOPMENT AGREEMENT FOR SUNFLOWER FLATS 1. Presentation of item. 2. Comment from the public related to the item is allowed. Each person will be limited to one speaking opportunity for up to three (3) minutes, with an initial period of thirty (30) minutes. 3. ACTION: Authorize City Administration to finalize and the Mayor and City Clerk to execute a land transfer and development agreement with the Manhattan Housing Authority (MHA) for Lot 1, Sunflower Flats for the Sunflower Flats project; and authorize Mayor and City Clerk to execute necessary real estate documents. B. CONSIDER GUARANTEED MAXIMUM PRICE FOR 12TH STREET IMPROVEMENTS, FROM MORO TO LARAMIE, AND THE ALLEY BETWEEN MORO STREET AND LARAMIE STREET, AND THE PRELIMINARY DESIGN FOR LARAMIE STREET IN AGGIEVILLE (AG2202) 1. Presentation of item. 2. Comment from the public related to the item is allowed. Each person will be limited to one speaking opportunity for up to three (3) minutes, with an initial period of thirty (30) minutes. Agenda City Commission Meeting Tuesday, February 18, 2025 Page 4 3. Provide feedback regarding the preliminary design for Laramie Street, from North Manhattan Avenue to 11th Street. 4. ACTION: a. Accept the Guaranteed Maximum Price in the amount of $5,439,282.00 and authorize the construction of 12th Street, from Moro Street to Laramie Street, and the alley between Moro Street and Laramie Street from North Manhattan Avenue to 12th Street (AG2202). b. Approve the Second Amendment to the Construction Manager at Risk Agreement with BHS Construction splitting the 12th Street construction and the Laramie Street construction into two phases (AG2202). 9. ADJOURNMENT A. Move to adjourn the February 18, 2025, City Commission Meeting.

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