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 May 20, 2025, were duly adopted at a meeting of the City of Manhattan, Kansas, held on the 3rd day of June, 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 June, 2025. _____________________________ Brenda K. Wolf, CMC, City Clerk  MINUTES CITY COMMISSION MEETING TUESDAY, MAY 20, 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 May 20, 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, Assistant City Manager/Assistant Public Works Director Wyatt Thompson, City Attorney Katharine Jackson, City Clerk Brenda K. Wolf, 17 staff, and approximately 30 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 May 20, 2025 Page 2 4. PROCLAMATIONS A. Mayor McCulloh proclaimed May 18-24, 2025, National Public Works Week. Brian Johnson, Director of Public Works/City Engineer, and Kevin Niles, Director of Public Utilities, City of Manhattan, were present to receive the proclamation. The following Public Works division heads were recognized: Bill Heatherman, Stormwater Compliance Engineer: Karen Becker, Principal Civil Engineer; Kathy Sterling, Office Coordinator; Ken Hayes, Project Coordinator; Dan Tyson, Street and Fleet Superintendent; Matt Crubel, Street, Fleet, and Stormwater Supervisor; and Jason Cook, Fleet Crewleader. The following Public Utilities leaders were recognized: Randy DeWitt, Assistant Director of Public Utilities; Ethan Kloster, Water Treatment Plant Superintendent; Clint Bivens, Wastewater Treatment Plant Superintendent; Mike Eder, Utilities Superintendent; and Abdu Durar, Environmental Compliance Manager. B. Mayor McCulloh proclaimed May 2025, Mental Health Month. Michael Rezkalla, Chief Executive Officer, Pawnee Mental Health, was present to receive the proclamation. 5. PUBLIC COMMENTS Mayor McCulloh opened the public comments and highlighted the process. The Commission heard public comment on items and issues not scheduled on the agenda. The following member of the public provided comments: • Gary Olds, 3806 Frontier Circle Hearing no other comments, Mayor McCulloh closed the public comments. 6. COMMISSIONER COMMENTS Commissioner Minton reminded the public that as students leave, construction begins. She encouraged the public to visit, dine, and shop at the businesses most impacted by the construction. Commissioner Oppelt thanked Commissioner Matta for joining him on Saturday, May 17, 2025, in the Groesbeck Room at the Manhattan Public Library, for Commissioner Coffee. He stated it was great to have a good conversation with those that attended and encouraged Minutes City Commission Meeting May 20, 2025 Page 3 the public to attend future sessions. He mentioned the next Commissioner Coffee would be towards the end of June 2025 with Commissioner Adamchak joining him. Mayor McCulloh mentioned that the Friends of the Kaw and the Manhattan Rotary Club had a great clean up along the Kansas River on Saturday, May 10, 2025, and found items that should not have been in the Kansas River. 7. CONSENT AGENDA A. MINUTES 1. Approve the minutes of the Regular City Commission Meeting held Tuesday, May 6, 2025. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3094 authorizing and approving the payment of claims from April 30, 2025 – May 13, 2025, in the amount of $5,895,977.36. C. FINAL PLATS 1. Accept the easements and rights-of-way on the Final Plat of Lee Mill Village, Unit Five. D. SECOND AND FINAL READING 1. Ratify the acceptance of the best bid to Truist Securities Inc., of Charlotte, North Carolina; approve Bond Ordinance No. 7749 issuing $44,580,000.00 of General Obligation Bonds Series 2025-A; and approve Resolution No. 052025-A ratifying the delivery of the Series 2025-A bonds to Truist Securities Inc. to finance the following fourteen (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). Minutes City Commission Meeting May 20, 2025 Page 4 * 2. Approve Charter Ordinance No. 66 repealing Charter Ordinance Nos. 58 and 59 and setting costs and fees in Municipal Court by ordinary ordinance; approve Ordinance No. 7750 codifying the authorization of costs and fees in Municipal Court; and adopt Resolution No. 052025-B repealing Resolution No. 050421-A setting payment of fees to third parties and expungement fee. 3. Approve Ordinance No. 7751 amending Section 2-18 of the Code of Ordinances, regarding the consideration and adoption of ordinances. 4. Approve Ordinance No. 7752 amending Sections 31-37 and 31-108 of the Code of Ordinances relating to the Aggieville Parking Garage and adopt Resolution No. 052025-C repealing Resolution No. 050724-D and establishing free parking in the Aggieville Parking Garage. * 5. Rachel Sherck, Deputy City Attorney, answered questions from the Commission. Override the recommendation of the Manhattan Urban Area Planning Board and approve Ordinance No. 7753 repealing Ordinance No. 7737 and amending the Manhattan Development Code (MDC). 6. Approve Ordinance No. 7754 rezoning 2323 Anderson Avenue from Business Commercial (BC) District to High-Density Residential (RH) District. E. FIRST READINGS 1. Approve first reading of an ordinance annexing an approximately 0.98-acre tract of land, located at 5111 Murray Road, into the city limits. F. RESOLUTIONS 1. Approve Resolution No. 052025-D, determining the City’s intent to issue Industrial Revenue Bonds (IRBs) and authorizing a sales tax exemption for Zachary J Burton and Michelle E Burton’s 1000 Moro Townhome project. 2. Ratify the temporary note sale and approve Resolution No. 052025-E to finance the following thirteen (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). 3. Adopt Resolution No. 052025-F regarding governing body policies and procedures. Minutes City Commission Meeting May 20, 2025 Page 5 4. Approve Resolution No. 052025-G, repealing Resolution No. 112123-B which established a fee schedule for development and land use applications. 5. Approve Resolution No. 052025-H authorizing the transfer of Lots 1a through 6b, Lee Mill Village, Unit Five, to LMV Development LLC. 6. Find the petitions sufficient; approve Resolution Nos. 052025-I, 052025-J, and 052025-K finding the projects advisable and authorizing construction; and authorize the Mayor and City Clerk to execute a development agreement for the construction of infrastructure with Schultz Construction, Inc., an agreement creating a restrictive covenant related to drainage easements and post-construction best management practices, and a Professional Engineering Services Agreement in the amount not to exceed $88,972.00 with Schwab-Eaton Consultants, P.A., for Prairie Village at the Highlands, Unit Two (SS2508, ST2508, WA2508). G. MISCELLANEOUS AGREEMENTS 1. Approve an agreement with the Manhattan Art Commission for shared use of the City Park Arts Center. 2. Approve a Second Amendment to Agreement for Donation of Public Artwork for a six-month extension for the Vigilance Bison Sculpture Project. 3. Authorize City Staff to execute a contract in the amount of $59,361.00 with TK Elevator Corporation to replace belts in the Aggieville Parking Garage elevator. * 4. Brian Johnson, Director of Public Works answered questions from the Commission. Authorize City Administration to exchange and accept the Federal Funds Exchange for 2025, in the amount of $687,395.19, and the Mayor and City Clerk to execute an agreement and any related documents necessary to facilitate the Federal Funds Exchange with the Kansas Department of Transportation (KDOT). * 5. Erin Friedline, Assistant Director, Riley County Police Department, and Commissioner Matta, Chair, Riley County Law Board, answered questions from the Commission. Approve a 2026 Special Alcohol Fund Grant Agreement with the Riley County Police Department (RCPD) and the Riley County Law Enforcement Agency. * 6. Approve the purchase and sale agreement with Amazon.com Services LLC for Lot 12 in the City of Manhattan’s Business Park; approve Resolution No. 052025-L authorizing the sale of Lot 12 to Amazon.com Services LLC; and authorize the Mayor and City Clerk to execute other documents necessary to facilitate the transfer. Minutes City Commission Meeting May 20, 2025 Page 6 H. APPOINTMENTS 1. Approve the Mayor’s recommendations for appointment to external and/or City boards and committees. a. Appointment of Kyra Vanderbilt to the Downtown Business Improvement District Advisory Board. b. Re-appointment of Lakesha James to the Human Rights Advisory Board. c. Re-appointment of Carrie Andrade to the Joint Corrections Advisory Board. d. Re-appointment of Marcus Kidd to the Joint Corrections Advisory Board. e. Re-appointment of Linda Teener to the Joint Corrections Advisory Board. f. Appointment of Kendra Kuhlman to the Library Board. g. Appointment of Shelley Carver to the Manhattan Urban Area Planning Board. h. Appointment of Bruce Snead to the Parks and Recreation Advisory Board. Mayor McCulloh opened the public comments. The following member of the public provided comments: • Zac Doyle, 2401 Timberlane Drive, provided comments toward Consent Item D6 [ORDINANCE NO. 7754 REZONING 2323 ANDERSON AVENUE FROM BUSINESS COMMERCIAL (BC) DISTRICT TO HIGH-DENSITY RESIDENTIAL (RH) DISTRICT] Hearing no other comments, Mayor McCulloh closed the public comments. MOTION: Commissioner Adamchak. 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. Minutes City Commission Meeting May 20, 2025 Page 7 8. ITEM REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 9. PUBLIC HEARING A. CONSIDER ESTABLISHING A REINVESTMENT HOUSING INCENTIVE DISTRICT (RHID) FOR LK TOWNHOMES PROJECT Stephanie Peterson, Director of Community Development, presented the item. She then answered questions from the Commission. Tyler Holloman, Frontier Development Group, and Principal, Manhattan Infill Housing Project, and Gavin Schmidt, Principal, Manhattan Infill Housing Project, provided information regarding the project to the Commission. They then answered questions from the Commission Mayor McCulloh opened the public hearing. Claudia Luthi, 2064 Stephen Court, posed a few things to the Commission to consider. She questioned if the City could support the project and maintain the infrastructure that was deteriorating along Little Kitten Avenue and specifically on Stephen Court. She said the impact of this project on her neighborhood could be a very positive impact but could also have a very negative impact if not completed as presented. She asked how the City would support the project by maintaining the infrastructure so that it would handle the traffic that would exist by the additional housing. She said that the price point that would be determined by the State of Kansas would require the purchaser to have an income in excess of $2,000.00 per month. She hoped that there would be a market for that price point for what was being offered. She invited the developer to meet with the homeowner’s association. Jason Smith, 904 Locharno Drive, President/Chief Executive Officer, Manhattan Area Chamber of Commerce, spoke in support of a RHID for the LK Townhomes. He said the project addressed a critical community need, used City infrastructure wisely, would improve the tax base, and supported local business. He encouraged the Commission to approve the reinvestment housing improvement district and allow the project to move forward. Gary Olds, 3308 Frontier Circle, asked for clarification if the townhomes were going to be owner occupied or potential rentals. Commissioner Adamchak responded that the townhomes could be owner occupied and rentals, but this project would be owner occupied. Amber Starling, 408 Houston Street, stated there was grave misconception around workforce housing. She said workforce housing was not the same as low-income housing or public housing but for working class and middle-class families. The misconception that property values would decrease, or crime would increase when those families moved in was Minutes City Commission Meeting May 20, 2025 Page 8 patently unfair. There was also a misconception that it would be all new families moving in, driving growth that we’re not ready for. She asked the public and the elected officials to remember what workforce housing meant and who it served. Hearing no other comments, Mayor McCulloh closed the public hearing. MOTION: Commissioner Oppelt. ACTION: Approve first reading of an ordinance establishing a Reinvestment Housing Incentive District (RHID) and adopting a development plan for LK Townhomes; and approve and authorize City Administration to execute a development agreement for the project with the Frontier Development Group. 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. 10. ADJOURNMENT MOTION: Commissioner Minton. ACTION: Adjourn the May 20, 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 7:08 p.m., Mayor McCulloh announced the Commission meeting was adjourned. ____________________________________ Brenda K. Wolf, CMC, City Clerk