City Commission

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 April 15, 2025, were duly adopted at a meeting of the City of Manhattan, Kansas, held on the 6th day of May, 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 7th day of May, 2025. _____________________________ Brenda K. Wolf, CMC, City Clerk  MINUTES CITY COMMISSION MEETING TUESDAY, APRIL 15, 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., Mayor Karen McCulloh called the April 15, 2025, City Commission Meeting to order. 2. ROLL CALL AND ANNOUNCEMENT OF A QUORUM Present: Commissioner Susan E. Adamchak, Commissioner Peter Oppelt, Commissioner John E. Matta, and Commissioner Jayme Minton, with Mayor Karen McCulloh 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, five (5) staff, and approximately 29 interested citizens. 3. PLEDGE OF ALLEGIANCE Mayor McCulloh 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 April 15, 2025 Page 2 4. PROCLAMATIONS A. Mayor McCulloh proclaimed April 2025, Sexual Assault Awareness Month. Tychelle Jones, Director of Outreach and Engagement, The Crisis Center, Inc., and Rowena Atta-Kesson, Riley County Advocate, were present to receive the proclamation. B. April 22, 2025, Arbor Day. Casey Smithson, Park Superintendent, City of Manhattan, was present to receive the proclamation. C. Mayor McCulloh proclaimed May 3, 2025, Poppy Day. Susan Bergsten, Second Vice and Poppy Chairman, American Legion Auxiliary, was present to receive the proclamation. 5. PUBLIC COMMENTS Mayor McCulloh opened the public comments and highlighted the process. Hearing no comments, Mayor McCulloh closed the public comments. 6. COMMISSIONER COMMENTS Commissioner Oppelt thanked Commissioner Minton and the other 18 individuals that showed up on Saturday, April 12, 2025, for his Coffee with a Commissioner. He said they had a robust conversation and that it helped folks understand the complexities of all the decisions the Commission have to make, how challenging it was to run a democratic government, and the need for compromise. Commissioner Adamchak conveyed to staff that she was approached by a citizen who attended the Manhattan Urban Area Planning Board meeting on Thursday, April 10, 2025, for a public hearing to rezone the Unger Complex at 2323 Anderson Avenue. She said the gentleman told her that while he was not thrilled with the outcome, he said that he was very pleased with City staff and respect with which they engaged participants and felt they were actively listening to the comments made by the public. She mentioned that she attended the League of Kansas Municipalities City Leaders Academy in Lawrence on Friday, April 11, 2025, and Saturday, April 12, 2025. She said it was very interesting and that a couple of items would affect Manhattan. She mentioned that one of those items was that the Legislature passed a bill allowing the sale of fireworks year-round but City’s can have ordinances as to when and where those fireworks can be set off. She also mentioned that the Federal Administration would look at removing the tax exempt status from municipal bonds, which would have a significant impact on the City of Manhattan. She stated that the Minutes City Commission Meeting April 15, 2025 Page 3 City would be updating its website to include ADA accessibility to comply with regulation by April 2026. Mayor McCulloh stated that the Pride Parade was held on Saturday, April 12, 2025. She said it was an uplifting event and had beautiful weather. Also, on Saturday before the Pride Parade, she attended the Downtown Farmers Market and mentioned there were new vendors. She stated that Grow Green Match Day would be on Tuesday, April 22, 2025, in which there was an opportunity to support/donate to non-profit organizations. 7. CONSENT AGENDA (* denotes those items discussed) A. MINUTES 1. Approve the minutes of the Special City Commission Meeting held on Tuesday, March 25, 2025. 2. Approve the minutes of the Regular City Commission Meeting held Tuesday, April 1, 2025. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3092 authorizing and approving the payment of claims from March 26, 2025 – April 8, 2025, in the amount of $4,028,776.07. C. LICENSES 1. Approve an annual Cereal Malt Beverages Off-Premises License for Hy-Vee #1398. D. SECOND AND FINAL READING 1. Approve Ordinance No. 7744 permitting and regulating the use of image projection on commercial property. 2. Wyatt Thompson, Interim Director of Public Works/Assistant City Manager, addressed concerns from the public during Public Comments. Item was removed from the agenda by motion. Motion is at the end of the Consent Agenda. Approve Ordinance No. 7745 amending the Code of Ordinances, Section 31- 33 Parking and standing of school buses, Section 31-53 No Parking During Designated Times Zones, Section 31-54 No parking at any time zones, and Section 31-221 Established school zones, all located around USD 383’s Lincoln Education Center (former East High School Campus). Minutes City Commission Meeting April 15, 2025 Page 4 E. FIRST READINGS 1. Approve first reading of an ordinance rezoning 1801 Anderson Avenue and 615 Denison Avenue from Low-Density Residential (RL) District with Established Neighborhood Overlay (O-EN) and University Fringe Overlay (O-UF) to Low-Density Residential-Attached (RL-A) District with O-EN and O-UF. [Manhattan Urban Area Planning Board recommends approval] F. RESOLUTIONS 1. Approve Resolution No. 041525-A authorizing the offering for sale not to exceed $48,000,000.00 and approve first reading of an ordinance issuing $44,695,000.00 of General Obligation Bonds Series 2025-A to finance the following 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 Extension (SS2307) and Water (WA2311); and the following seven (7) capital projects: ABB Meter Replacement Project (WA2101); Joint Maintenance Facility Building Improvements (SP1601); North Campus Corridor, Phase 10, Street Improvements (ST2001); North Manhattan (Fremont Street to Bluemont Avenue) Street and Utilities Improvements (AG1904); North Campus Corridor, Phase 9, Street and Utilities Improvements (ST1908); 2020 Waterline Improvements (WA2001); and Little Kitten Avenue/Plymouth Road Storm Drainage Improvements (SW2006). 2. Approve Resolution No. 041525-B authorizing the offering for sale of General Obligation Temporary Notes Series 2025-01 to finance the following 13 capital projects: 11th-12th Streets/Laramie Street/Moro Street Electrical Improvements (AG2202); 12th Street and Laramie Street Guaranteed Maximum Price (AG2202); Anderson Avenue, from Harris Avenue to Connecticut Avenue Water (WA1909), Street (ST2203), Stormwater (SW2206), and Sidewalk (PD2401) Improvements; Anderson Avenue Reconstruction Improvements (ST2308); Enterprise Resource Planning (ERP) Cloud Software Acquisition (ARPA22); Dickens Avenue Stormwater Improvements (SW2209); Poyntz Avenue Sanitary Sewer Improvements (SS1908); Tuttle Creek Boulevard North Channel Improvements (SM1814); 2023 Water Maintenance Improvements (WA2211); and West Anderson Sanitary Sewer Interceptor, Phase 2, Improvements (SS1911). G. PROFESSIONAL SERVICES 1. Approve a Professional Engineering Services Agreement in the amount of $147,915.00 with BG Consultants, of Manhattan, Kansas, for the 2025 Water Minutes City Commission Meeting April 15, 2025 Page 5 Treatment Plant Capital Improvements Projects (WA2504, CIP Nos. WA212P, WA238E, WA240P, WA249E, WA251P, WA269E). H. BID AND AWARD 1. Find the Amended Petitions sufficient; approve Resolution Nos. 041525-C and 041525-D amending Resolution Nos. 011425-A and 011425-B; award a construction contract in the amount of $553,498.90 to Larson Construction, Inc.; and authorize the City Manager to approve change orders up to 5% ($27,674.95) of the contract amount for The Highlands at Grand Mere Unit Three (ST2407, WA2409). 2. Award a construction contract in the amount of $1,089,276.35 to Stallbaumer Contracting and authorize the City Manager to approve change orders up to 5% ($54,463.82) of the contract amount for the Walters Drive Reconstruction Project (ST2309, SW2505). I. MISCELLANEOUS AGREEMENTS 1. Approve a Use and Access Agreement with WTC Communications, Inc. to provide free, public wireless internet services within certain City-owned parks and facilities. 2. Authorize the Mayor to execute an agreement with Evergy to bury overhead power lines and remove wooden poles on 12th Street for the 12th Street and Laramie Street Project (AG2202). 3. Authorize the City Manager to execute an agreement in the amount up to $100,000.00 with Habitat for Humanity of the Northern Flint Hills, Inc. for the Home Rehabilitation and Repair Assistance Program (RRAP). 4. Approve second consideration and an Economic Development Agreement with PTMW, Inc. 5. Approve Resolution No. 041525-E amending Resolution No 100124-A and approve Amendment No. 2 to the Economic Development Agreement with Flint Hills Ventures, LLC. J. PURCHASES 1. Reject all bids and authorize the purchase of a trailer-mounted valve exercising machine (CIP# WA261E) in the amount of $128,785.00 from Schulte Supply, Inc., of Edwardsville, Illinois. K. APPOINTMENTS 1. Approve the Mayor’s recommendations for appointment to external and/or City boards and committees. a. Appointment of Sally Flowers to the Municipal Audit Board. Mayor McCulloh opened the public comments. The following members of the public provided comments: Minutes City Commission Meeting April 15, 2025 Page 6 • Todd Gabbard, 1000 Pierre Street, provided comments towards Consent Item D2 [ORDINANCE NO. 7745 - AMEND PARKING AROUND FORMER 9TH GRADE CENTER] • Tom Carvalho, 1001 Houston Street, provided comments towards Consent Item D2 [ORDINANCE NO. 7745 - AMEND PARKING AROUND FORMER 9TH GRADE CENTER] • George Matthews, 1002 Houston Street provided comments towards Consent Item D2 [ORDINANCE NO. 7745 - AMEND PARKING AROUND FORMER 9TH GRADE CENTER] Hearing no other comments, Mayor McCulloh closed the public comments. MOTION: Commissioner Adamchak. ACTION: Remove the discussion, second and final reading of Ordinance No. 7745 amending the Code of Ordinances, Section 31-33 Parking and standing of school buses, Section 31-53 No Parking During Designated Times Zones, Section 31-54 No parking at any time zones, and Section 31-221 Established school zones, all located around USD 383’s Lincoln Education Center (former East High School Campus), from the agenda. [Consent Item D2] 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. Minutes City Commission Meeting April 15, 2025 Page 7 MOTION: Commissioner Minton. ACTION: Continue the discussion, second and final reading of Ordinance No. 7745 amending the Code of Ordinances, Section 31-33 Parking and standing of school buses, Section 31-53 No Parking During Designated Times Zones, Section 31-54 No parking at any time zones, and Section 31-221 Established school zones, all located around USD 383’s Lincoln Education Center (former East High School Campus), from the agenda [Consent Item D2] until May 6, 2025. 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. MOTION: Commissioner Oppelt. ACTION: Approve the consent agenda. 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. 8. ITEM REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 9. GENERAL AGENDA A. CONSIDER ANNEXING TRACT OF LAND WEST OF CITY LIMITS AT THE WESTERN TERMINUS OF JOSEPH DRIVE Mayor McCulloh asked each member of the City Commission who had engaged in ex parte communication with any individual either in favor of, or against, the matter being considered, to state what communication occurred and indicate that even in light of having Minutes City Commission Meeting April 15, 2025 Page 8 engaged in the communication whether they were able to fairly, objectively, and impartially consider the measure based only upon the evidence provided on the record. Mayor Karen McCulloh and Commissioners Susan Adamchak, Peter Oppelt, John Matta, and Jayme Minton stated they had no ex parte communication with any individual either in favor of, or against, the matter being considered. Stephanie Peterson, Director of Community Development, presented the item. Stephanie Peterson, Director of Community Development; Scott French, Director of Fire Services; and Jared Loomis, Applicant, Olsson, answered questions from the Commission. Mayor McCulloh opened the public comments. Hearing no comments, Mayor McCulloh closed the public comments. MOTION: Commissioner Minton. ACTION: Approve first reading of an ordinance annexing approximately 1.07 located at the western terminus of Joseph Drive acres into the city limits. 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. B. CONSIDER REZONING TRACT OF LAND WEST OF CITY LIMITS AT THE WESTERN TERMINUS OF JOSEPH DRIVE TO LOW-DENSITY RESIDENTIAL-ATTACHED (RL-A) DISTRICT Stephanie Peterson, Director of Community Development, presented the item. Stephanie Peterson, Director of Community Development, and Katie Jackson, City Attorney, answered questions from the Commission. Mayor McCulloh opened the public comments. Hearing no comments, Mayor McCulloh closed the public comments. Minutes City Commission Meeting April 15, 2025 Page 9 MOTION: Commissioner Adamchak. ACTION: Approve first reading of an ordinance rezoning an approximately 1.07- acre tract located at the western terminus of Joseph Drive from Riley County, Agricultural (AG) District to Low-Density Residential-Attached (RL-A) District. 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. C. CONSIDER SETTING A PUBLIC HEARING FOR MAY 20, 2025, ESTABLISHING A REINVESTMENT HOUSING INCENTIVE DISTRICT (RHID) AND DEVELOPMENT PLAN FOR THE PROPOSED LK TOWNHOMES PROJECT AT 2020 – 2102 LITTLE KITTEN AVENUE Stephanie Peterson, Director of Community Development, presented the item. Stephanie Peterson, Director of Community Development, and Danielle Dulin, City Manager, answered questions from the Commission. Tyler Holloman, Frontier Development, provided a project overview. Tyler Holloman, Frontier Development Group, and Gavin Schmidt, Partner of the project, 155 South Dartmouth Drive, answered questions from the Commission. Mayor McCulloh opened the public comments. Hearing no comments, Mayor McCulloh closed the public comments. Minutes City Commission Meeting April 15, 2025 Page 10 MOTION: Commissioner Oppelt. ACTION: Approve Resolution No. 041525-F, determining the City’s intent to consider adoption of a development plan, establishment of a Reinvestment Housing Incentive District (RHID), and calling a public hearing for Frontier Development Group’s LK Townhomes project. 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. 10. ADJOURNMENT MOTION: Commissioner Minton. ACTION: Adjourn the April 15, 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 7:24 p.m., Mayor McCulloh announced the Commission meeting was adjourned. ____________________________________ Brenda K. Wolf, CMC, City Clerk