City Commission

CERTIFICATION OF CLERK I, Chelsea Johnson, the duly appointed, qualified, and Assistant City Clerk of Manhattan, Kansas, do hereby certify that the foregoing Minutes from October 21, 2025, were duly adopted at a meeting of the City of Manhattan, Kansas, held on the 4th day of November 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 November, 2025. _____________________________ Chelsea Johnson, Assistant City Clerk  MINUTES CITY COMMISSION MEETING TUESDAY, OCTOBER 21, 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 October 21, 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, City Attorney Katharine Jackson or Deputy City Attorney Rachel Sherck, Assistant City Clerk Chelsea Johnson, 6 staff, and approximately 43 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 October 21, 2025 Page 2 4. RECOGNITION A. Mayor McCulloh recognized City of Manhattan’s Public Utilities Department for the following: 1. 2025 recipient of the Class 5 Wastewater Treatment Plant Award and the Class 5 Outstanding Biosolids Management Program, both from the Kansas Water Environment Association (KWEA); and 2. 2025 recipient of the Peak Performance Platinum Award for achieving 100% compliance with no permit violations for the entire seven-year period (2018- 2024) from the National Association of Clean Water Agencies (NACWA). 5. PROCLAMATIONS A. Mayor McCulloh proclaimed October 24, 2025, World Polio Day. (Michelle Sink, 5710 District Governor Elect and Polio Co-Chair, Manhattan Konza Rotary Club, was present to receive the proclamation.) B. Mayor McCulloh proclaimed November 1, 2025, Buddy Poppy Day. (Clay Rose, Post Commander, VFW 1786, was present to receive the proclamation.) 6. PUBLIC COMMENTS Mayor McCulloh opened the public comments and highlighted the process. Hearing no comments, Mayor McCulloh closed the public comments. 7. COMMISSIONER COMMENTS Commissioner Oppelt mentioned that he had attended the Annual League of Kansas Municipalities conference, which covered topics such as community engagement and housing. He noted that a town in Kansas was doing something innovative with RHIDs and was working with a 3D printing company that was printing houses. He also attended a session on the First Amendment, property taxes in Kansas, and the challenges local Kansas governments were facing. He said it was very educational and good to see that Manhattan was not dealing with unique challenges, as many of the same issues were present throughout the state. He said he was honored that our City Attorney, Katie Jackson, had been elected to a position on the Board of Directors. Mayor McCulloh reported that she had attended the Chamber Board Retreat in Lenexa, along with Commissioners Adamchak and Minton, where the City Manager had done a wonderful job presenting on the things that were happening in Manhattan. She remarked that she found Lenexa’s downtown a little cold and commented that she thought Minutes City Commission Meeting October 21, 2025 Page 3 Manhattan’s downtown was much warmer and friendlier, with more trees. She said she was very impressed with the way Lenexa had followed its plan for its downtown. 8. CONSENT AGENDA (* denotes those items discussed) A. MINUTES 1. Approve the minutes of the Regular City Commission Meeting held Tuesday, October 7, 2025. B. CLAIMS/PAYMENTS 1. Approve Claims Register No. 3104 authorizing and approving the payment of claims from October 3, 2025 – October 16, 2025, in the amount of $5,852,499.84. C. FINAL PLATS 1. Accept the easements and rights-of-way on the Final Plat of Stonecreek Business Center, Unit Five, and authorize City Administration to finalize and the Mayor and City Clerk to execute an agreement creating the restrictive covenant related to the travel easement and drainage easement. D. ORDINANCES 1. Approve Ordinance No. 7783 annexing an approximately 3.2-acre tract of land, located at 4790 Skyway Drive, into the city limits. 2. Approve Ordinance No. 7784 amending Section 31-221 of Chapter 31 of the Code of Ordinances relating to School Zones near Manhattan Catholic Schools. 3. Approve Ordinance No. 7785 adopting and incorporating the 2025 Standard Traffic Ordinance for Kansas Cities, 52nd Edition, (“STO”) by reference, with local amendments. E. RESOLUTIONS * 1. Katie Jackson, City Attorney, answered questions from the Commission. Approve Resolution No. 102125-A repealing Resolution No. 062023-A and establishing fees and procedures for City staff time, materials, and equipment for providing access to, or furnishing copies of open public records. 2. Approve Ordinance No. 7786 issuing not to exceed $60 million in Industrial Revenue Bonds for the 2025 Series IRB’s; approve Resolution No. 102125- B approving a sales tax exemption; and approve other related documents and actions in connection with the issuance for Meadowlark Hills. Minutes City Commission Meeting October 21, 2025 Page 4 RESULT: On a roll call vote, item carried 3-1-1. Ayes: Mayor Adamchak, Commissioner Oppelt, and Commissioner Matta. Nayes: Commissioner McCulloh. Abstain: Commissioner Minton. 3. Find the petitions sufficient; approve Resolution Nos. 102125-C, 102125-D, and 102125-E finding the projects advisable and authorizing construction; and authorize a professional engineering services agreement in an amount not to exceed $119,213.00 with Schwab-Eaton, P.A. for Highlands at Grand Mere, Unit 4 improvements (ST2509, WA2509, SS2509). F. PROFESSIONAL SERVICES 1. Approve and authorize the Mayor and City Clerk to execute an Agreement for Phase I Services and a Project Funding Agreement for the Flint Hills Discovery Center (FHDC) Outdoor Classroom Renovation Project (PR2507). G. BID AND AWARD 1. Award a construction contract in the amount of $1,364,412.83 to Cheney Construction, Inc., and authorize the City Manager to approve change orders up to 5% ($68,220.64) of the contract amount for the 2025 Concrete Maintenance Contract Phase III Project (Grand Champions Drive, Champions Circle, Vanesta Drive, Kauffman Drive, Grandview Drive, Loma Ridge Circle, Leyden Ridge Circle) (ST2519). 2. Authorize increased construction contract in the amount of $65,614.00 with Walters Morgan Construction for the 2023 Water Maintenance Projects (WA2211). H. MISCELLANEOUS AGREEMENTS 1. Approve a Holiday Display Agreement with Whoville, Inc., for the 2025 Festival of Lights. 2. Authorize amendments to Exhibit C of the Smithsonian Institution Traveling Exhibition Service (SITES) Exhibition Agreement dated November 20, 2024, for the Sea Monsters Unearthed exhibit at the Flint Hills Discovery Center (FHDC). I. MISCELLANEOUS 1. Approve a request by Riley County Emergency Services Director to waive the building permit fee for the renovation of 2011 Claflin Road in the amount of $8,378.08. Minutes City Commission Meeting October 21, 2025 Page 5 Mayor McCulloh opened the public comments. The following members of the public provided comments: • Amber Starling, 408 Houston Street, provided comments towards Consent Item E2 [ORDINANCE NO. 7786 AND RESOLUTION NO. 102125-B – ISSUE IRB’s AND APPROVE SALES TAX EXEMPTION – MEADOWLARK HILLS]. • Jacob Stultz, 4514 Freeman Road, provided comments towards Consent Item E2 [ORDINANCE NO. 7786 AND RESOLUTION NO. 102125-B – ISSUE IRB’s AND APPROVE SALES TAX EXEMPTION – MEADOWLARK HILLS]. Hearing no other comments, Mayor McCulloh closed the public comments. MOTION: Commissioner Oppelt. ACTION: Approve the consent agenda. SECOND: Commissioner Adamchak. RESULT: On a roll call vote, motion carried 5-0 with the exception of Item E2 (see individual item for details regarding the vote) which carried 3-1-1. Ayes: Mayor McCulloh, Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: None. Abstain: None. 9. ITEM REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 10. PRESENTATION A. Lesley White, Executive Director, Flint Hills Discovery Center Foundation, presented a check to the City for the FHDC Outdoor Classroom Project. Minutes City Commission Meeting October 21, 2025 Page 6 11. PUBLIC HEARING A. CONSIDER ISSUANCE OF BONDS BY THE INDIANA FINANCE AUTHORITY - ASCENSION HEALTH ALLIANCE D/B/A ASCENSION Jason Hilgers, Deputy City Manager, presented the item. He then answered questions from the Commission. J.T. Klaus, Partner, Spencer Fane LLP, answered questions from the Commission. Mayor McCulloh opened the public hearing. Hearing no comments, Mayor McCulloh closed the public hearing. MOTION: Commissioner Adamchak. ACTION: Approve Resolution 102125-F approving the issuance of an amount not to exceed $1.407 billion in qualified 501 (c)(3) bonds by the Indiana Finance Authority for Ascension Via Christi Hospital. 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. 12. GENERAL AGENDA A. CONSIDER THE 2024 CITY AUDIT Rina Neal, Director of Finance, presented the item. She then answered questions from the Commission. Dr. Eric Higgins, Chair, Municipal Audit Board, presented an update from the Municipal Audit Board. Mayor McCulloh opened the public comments. Hearing no comments, Mayor McCulloh closed the public comments. Minutes City Commission Meeting October 21, 2025 Page 7 MOTION: Commissioner Adamchak. ACTION: Receive the results of the 2024 City Audit. 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 REZONING TRACT OF LAND – SOUTHEAST CORNER OF NORTH SCENIC DRIVE AND ANDERSON AVENUE AND AMENDING STONECREEK COMMERCIAL PUD Stephanie Peterson, Director of Community Development, presented the item. She then answered questions from the Commission. Mayor McCulloh opened the public comments. The following members of the public provided comments: • Bret Tremblay, Benesch, representing the Stone Creek Business Center Hearing no comments, Mayor McCulloh closed the public comments. MOTION: Commissioner Oppelt. ACTION: Approve Ordinance No. 7787 rezoning a tract of land from Planned Unit Development (PUD) and Neighborhood Commercial (CN) to Business Commercial (BC); and approve Ordinance No. 7788 amending the Stonecreek Commercial PUD. 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 October 21, 2025 Page 8 C. CONSIDER REZONING 300 NORTH 11TH STREET AND 1020 LEAVENWORTH STREET Commissioners did not have ex parte communications to declare. Stephanie Peterson, Director of Community Development, presented the item. She then answered questions from the Commission. Katie Jackson, City Attorney, presented the item. She then answered questions from the Commission. Gavin Schmidt, applicant, 3725 Hawthorne Woods, provided comments. Mayor McCulloh opened the public comments. The following members of the public provided comments: • Michael Mesceri, 1015 Leavenworth Street • Judine Mesceri, 1015 Leavenworth Street • Sara Fisher, 811 Osage Street • Jon Klimek, 904 Humboldt Street • Layla Hood, 1020 Leavenworth Street • Ricky Ellis, 928 Leavenworth Street • Kathy Dzewaltowski, 100 South Delaware Avenue • Denice Ellis, 928 Leavenworth Street • Kathleen Schuler, 1001 Leavenworth Street • David Dzewaltowski, 100 South Delaware Avenue At 7:47 p.m. the City Commission approved to extend public comment by 15 minutes. MOTION: Commissioner Minton. ACTION: Extended the public comment period by 15 minutes. SECOND: Commissioner Oppelt. RESULT: On a roll call vote, motion carried 4-1. Ayes: Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: Mayor McCulloh. Abstain: None. • Marianne Korten, 815 Osage Street • Larry Fox, 2330 Grandview Terrace • Patricia Keefe, 926 Humboldt Street Minutes City Commission Meeting October 21, 2025 Page 9 • Linda Glasgow, Manhattan/Riley County Preservation Alliance, 2236 Snowbird Drive • Mel Borst, 1918 Humboldt Street • Alisa Pajser, 713 Osage Street • Thomas Weeks, 11520 Kirtner Lane, St. George • Amber Starling, 408 Houston Street Hearing no other comments, Mayor McCulloh closed the public comments. MOTION: Commissioner Oppelt. ACTION: Adopt the findings in the Staff Report [see Attachment #1 at this link to the Agenda Item Summary]; revise the Manhattan Urban Area Planning Board’s (MUAPB) recommendation and approve the rezoning; approve Ordinance No. 7789 repealing Ordinance No. 7732 and rezoning two lots from Low-Density Residential (RL) with Established Neighborhood Overlay (O-EN) District, to Low-Density Residential Attached (RL-A) District with O-EN District. SECOND: Commissioner Matta. RESULT: On a roll call vote, motion failed 3-2. Ayes: Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. Nayes: Mayor McCulloh and Commissioner Adamchak. Abstain: None. MOTION: Mayor McCulloh. ACTION: Approve Ordinance No. 7789 repealing Ordinance No. 7732 restoring the prior zoning. 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 October 21, 2025 Page 10 13. ADJOURNMENT MOTION: Commissioner Adamchak. ACTION: Adjourn the October 21, 2025, City Commission Meeting. SECOND: Commissioner Minton. Ayes: Mayor McCulloh, Commissioner Adamchak, Commissioner Oppelt, Commissioner Matta, and Commissioner Minton. No: None. Abstain: None. At 8:32 p.m., Mayor McCulloh announced the Commission meeting was adjourned. ____________________________________ Chelsea Johnson, Assistant City Clerk