City Commission - Regular Meeting

pictures. Do we want to do them on 11? No. No. Okay. Oh,

we do the workshop or after the workshop. back here that work. We may talk about that. Yeah,

it is 1 p.m. Is everybody ready? The meeting has come to order today. This is the regular schedule city commission meeting for the city of Garden City. The date is Tuesday, February 3rd, 20126, and the time is 1 p.m. Madame Clerk, do we have a quorum? Yes, mayor. Next, I will lead the pledge of allegiance and offer the invocation. Please stand. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Father, Son, Holy Spirit. Amen. Heavenly Father, we thank you for the gift of our community. Help us to remain attentive to joy to recognize the quiet and visible moments where your love is already at work among us in cooperation and service in every sincere effort to seek the good of one another. Guide our words and our hearts that they may be rooted in peace shaped by compassion and animated by hope. May we never lose sight of the joy that comes from loving our neighbors and caring for the common good. We ask this through Christ our Lord Jesus Christ. Amen.

Amen. Next is the approval of the minutes of the last regular meeting which have no corrections offered shall stand approved. Are there any corrections? Seeing none, they are approved. Item five is public comment. This is an opportunity for our public to offer comments to the city commission for items which are not on the agenda. If you are here to offer a comment, please state your name for the record. Seeing none and with no items for item six, we'll move to item seven.

Item seven uh is a report from Finny County Director uh of EMS Kenny Smith. Is Kenny here? Kenny is here.

Welcome, sir. Floor is yours.

All right. Uh good after Good afternoon, commissioners. Um, so to keep a little bit of transparency again, um, I'm sorry I missed your last meeting. Um, but anyway, uh, to so this is the kind of our report of 2025. It's brought a whirlwind of changes to our department. Uh, just to recap, in April, I started as the director there at Finny County. Um, from there, we initiated three committees which have performed very well. Uh so in starting in April we were down approximately seven positions and by the end of the year all of those positions were filled with two ENTs, two AENTs and four paramedics. Uh the success of those spots were filled um that were filled is recognized by all the people that were involved in the hiring process and specifically the hiring committee members that organized it all. our recruitment and uniform committee members have made strides in making changes needed to move our services forward as far as uh uniforms and uh getting out into the community and the public a little bit more. Uh we have a handful of policies that have been uh in the process of getting revised and or created. We moved into station three and started the development of new station one there and Mary. Along with station three, all new livable items uh were acquired. A new cop for an ambulance and a new stair chair for the ambulance were purchased. Um and then on behalf of myself and the county of uh with EMS, uh we are gracious to be co-located with the fire department. It has served probably uh wanderous as far as our uh response times to that side of the city. So it's it's really imperative that we are in that part of the city along with the fire department. So thank you. Along with that, uh we have purchased and installed new lockable medlock or medication boxes in all ambulances in the stations and this just allows us to

become more secure with our scheduled drugs. A new ambulance was put into production and should arrive in the summer of 27. One position out of those seven uh was that of the assistant director which has been unfilled for many many years. Uh we have interviewed and hired um for that position and he started at the beginning of this year. Lastly, just a little bit of numbers. We ended 2025 with 4,184 calls, which was up around 260 calls from approximately 3,924 calls in 24. Um, if you want to go to the next level slide or the pie chart, this just kind of gives a breakout of 2025 where the majority of the calls were. uh we split it out on station one, station three, whether it's a city response or a counter response depending on where it's at. Uh air medical transports just uh either to and from the airport with uh the numerous flight services that we uh kind of partner with or that we help with. And then it just kind of goes out and it just shows you the amount of calls that we've had at all the uh rest homes whether it's Hulcom um Tyson anything like that just to kind of give a little bit of knowhow of where we are going a lot of the times and then I simplify that in the next pie chart um just by uh segregating out a little bit more and showing that uh a little over 1,800 calls came from our station one a little over 00 calls came from station 3. Now be even before we opened station 3, we were already looking at our numbers. Uh so on our response matrix or response map, we already had a station 3 area that we were charted tracking. And so this allows us to see

uh that uh over 1100 calls were made uh on the station 3 district if you will even though we didn't get into until July. Uh and then it just kind of goes down from there as far as air medical and retirement homes are all lumped into one. Hulcom and then just the rest of the calls that were uh responded to just to kind of give a little know how where we're going and uh stuff like that. So with that I'll take any questions if you have any. Any questions for you director Smith?

I know with us purchasing like firet trucks and other emergency vehicles timely. I mean, it takes a little bit of time like you noted in your memo. I mean, do you have enough vehicles or are you looking already at purchasing another one because of the the extreme time it takes to get one produced and into your rotation? Right now, we have six ambulances and any given day we staff about three.

Uh, and we have uh three admin vehicles. Um, and so the goal is, uh, so technically we're down two positions that are closed out. Uh, hopefully this next year I can get them back open and then we can be completely fully staffed. Right. So, we have one shift that has seven people and the other two shifts have six people and it doesn't allow for that supervisor to do what they need to do to be in their own vehicle to help out. Um, but as far as adding vehicles to the fleet, no, it's more of just trying to uh keep a rotation. Uh, so the truck that we're getting rid of has over 100,000 miles on it. Um, and so just trying to keep that rotation of just having new and vehicles that don't want to break down even though that they do. So

that's really the the big plan is just keeping a rotation or trying to keep a rotation. Sure. But it is hard when they are 18 to 24 months out, right? Yeah. We get it. Yeah. Any further questions? Thank you, director.

All right. I do want to introduce um he's in the other room, Luke. So, this is Luke Sullivan. He is the assistant director. uh in my absence, he will be uh you know doing what I need to do. But uh I am going to task him with this uh presentation probably most of the time just to kind of get him exposed to uh you know leadership and stuff like that. So just so you know, you will be seeing his face around probably a little bit more than mine. Um but if you guys need anything, don't hesitate. Uh reach out. If I need to do anything, if we can do anything to make things better or easier, I will be more than happy to assist on that. But this is Luke.

Thank you. Welcome, Luke. Thank you. Question of Thank you very much. Welcome. Thank you. Thank you. The other items under report of the manager are uh staff reports. Do you have any questions concerning those?

I don't think so.

Ready for uh meetings of note. Then uh several several items on there. And uh in addition to that uh after today's premeating, the commission expressed an interest in touring the state theater. And so we'll look to do that at some point in conjunction with the regular meeting on uh the 17th. We'll make a note of it on the agenda that we're going over there. Uh the media would be able to join us and walk through um as would anybody interested, I guess, in uh seeing that theater. um no action would be taken over there but uh that way we can do it as a group of five um and you can see the inside of the building ask some questions we wouldn't be able to of course deliberate uh any decisions about the future of the facility I think this morning in the workshop we decided that we would do that later in the year um uh but uh for those of you that haven't been inside the building for a while um it'll give you a chance to uh uh be on the same page with the current condition

uh and we could have some discussion. I think that day we're also going to take uh take our group photos. So we have a couple of things happening outside of the normal workshop time period and the regular meeting time period. If there's a consensus as to when that would happen, maybe the commission could could uh discuss that now. If there's not, staff will pick the time and hope everybody can show up. How much time do we need? I think

pictures, the picture is really the time necessary to set up. Um, the picture itself takes not not very long at all. Um, if individual pictures are taken, that would would take a little bit of time, but I think uh not including the time for setup, we could knock pictures out in 15 minutes. I believe the tour if we're if we're leaving from here, walking over there, walking through the building and walking back could be a 40 m 40 minute obligation. Uh and so we could maybe squeeze that in between the end of the premeating workshop and the start of the regular meeting if we provided you a lunch solution. Uh or we could do it after at the conclusion of the meeting. Any thoughts from the commission on that? Um, I think it'd make sense to Go ahead.

Oh, I was going to just say I think it probably makes sense if we just did it after the premeating, walk over and then have lunch and then start the meeting and make it easier for us. I I would say, but I don't know what what's your thoughts? I think maybe allocating about 20 to 30 minutes for um photos and head shot. um gives us enough time and then also a workshop and then do you guys think it'd be okay to walk over there get a tour um in between our lunch break for one o'clock? We'll have we we'll call for you to arrive at 10:30 then um and then we can gather and and

uh if we get done with pictures early we get done with pictures early. We're just across the hall five or 10 minutes sooner. Great. All right. Very good. Thank you. Maybe that's helpful. You will notice the rescheduled time for Southwest Kansas night out in Topeka is March 2nd. That's the night before a regular city commission meeting on the 3rd. So, you might give some thought if you want to attend. Uh we will try to have a staff presence there. Um that may or may not happen given the reschedule. Uh, okay.

But, um, if if there's an interest in attending, please, uh, please contact the city clerk's office as you would on anything requiring an RSVP. All right, I think we're ready for item nine. Uh, it's the appropriation ordinance. If approved, it would be ordinance number 2604-2026A. I move to approve appropriation ordinance number 2604-2026A. Second. There's been a motion and a second. Any further discussion? All those in favor say I. I. Oppose. Nay. Motion passes.

Item 10A. The governing body is asked to consider and approve a resolution correcting conflicting resolutions names for two resolutions both designated 3212-2025. And if approved, this would be resolution number 3216-2026. See,

mayor, commissioners, on November 18th, 2025, the governing body passed resolution number 3212-2025, which was a resolution of the governing body uh establishing a master fee schedule for calendar year 2026. And then on December 2nd, the governing body passed another resolution 32-12 3212-2025, a uh resolution describing the form and details of and authorizing the direct sale and delivery of general obligation bond series A 2025. To distinguish these two resolutions in city records and to avoid confusion, staff request that the governing body designate the former resolution adopted on November 18, 2025 as resolution number 3212-2025A and the latter resolution adopted December 2nd, 2025 as resolution 3212-2025A. Uh your alternatives, you may approve the resolution as

just just 2025. No A. Yep. uh the governing body may approve the resolution as presented to to correct the duplication of previous resolution numbers or you may deny the resolution and direct staff how to resolve the confl conflict. Um staff recommends the governing body approve the resolution as presented to correct the duplication of previous resolution numbers. Um, a renamed resolution would have to be republished in the Garden City Telegram, which would cost approximately $50 from the commission general ledger line for publications. If you have any questions, I can assist you with that. Any questions for city clerk?

I make a motion we approve resolution 3216-2026. I second. There's been a motion and a second. Any further discussion? All those in favor say I. I. Opposed? Nay. Motion passes. Thank you. Thank you.

Item 10B. The governing body is asked to consider and approve the following ordinance regarding updates to chapter 42 of the city code in conjunction with the adoption of the master fee schedule. If approved, this would be ordinance number 3043-2026. Jimmy or I'm sorry, Colleen

hiding over here. Um, as the or at the November 18th, 2025 city commission meeting, the governing body approved resolution 32-20, sorry, 3212-2025. adopting a master fee schedule for the city of Garden City. Included in the city's current code in chapter 42, articles 2 through 25 are various instances where fee amounts have been previously uh dictated in conjunction with the finalization of the fee schedule. Chapter 42 is required to be updated. This ordinance provides updated language for municipal court municipal code changing references to specific fees as prescribed in the master fee schedule adopted by resolution pursuant to section 42-1 or like variation. So the governing body may approve the ordinance as presented or may not approve the ordinance as presented. Our staff recommendation is that the governing body approve the ordinance. Any questions? Any questions for Colleen? Just to clarify, to make sure, um, it's, uh, the memo says 1312, but now we move that to 3212.5A just for us to be all be on the same page. I entertain a motion for this item.

I make a motion we approve ordinance 3043-2026. Second. There's been a motion and second. Any further discussion? All those in favor say I. I oppose. Nay. Motion passes. Item 10C. The governing body is asked to consider and approve the following ordinance regarding bulk water rates in conjunction with the adoption of the master fee schedule. And if approved, this would be ordinance number 3044-2025. Colleen,

at the November 18th, 2025 uh city commission meeting, the governing body approved resolution 3212-2025 adopting a master fee schedule for the city of Garden City. One of the fees included in the master fee schedule was an update to the rates for provision of water service from a hydrant or dispensing station and not through a service connection to the m municipal water distribution system. The fee for such is dictated in section 90-180. Duplicative uh language for this fee is included in section 90-209 of the city's municipal code. Section 90-180 is required to be updated and section 90-209 is suggested to be repealed due to the being due to being duplicative to state to section 90180. This ordinance provides updated language for the municipal code section 90-180 and repeals section 90-209. Um, alternatives, the governing body may approve the ordinance as presented. The governing body may not approve the ordinance as presented and the recommendation is that staff recommends the governing body approve the ordinance.

Are there any questions for Colleen? I'llain entertain a motion for ordinance number 3044-2025. I move to approve ordinance number 3044-2025. There's been motion. Is there a second? I second. There's been a motion, a second. Any further discussion? All those in favor say I. I. Oppose. Nay. Motion passes.

Item 10D. The governing body is asked to consider and approve the following ordinance regarding the administrative fee associated with abatement costs for nuisance violations in conjunction with the adoption of the master fee schedule. If approved, this would be ordinance number 3045-2026. KI

at the November 18th, 2025 city commission meeting governing body approved resolution 3212-2025 adopting a master fee schedule for the city of Grand City. One of the fees included in the master fee schedule is an update to the administrative fee related to nuisance violations handled by the city neighborhood and development uh services department. The fee for sash is dictated in section 38-12 and was required to be updated. This ordinance provides updated language for the municipal code section 38-12. Alternatives, the governing body may uh approve the ordinance as presented or may not approve the ordinance as presented. Staff recommends the governing body approve the ordinance.

Any questions for Colleen? I'll entertain a motion for this item. I move to approve ordinance number 3045-2026. Second. There's a motion and second. Any further discussion? All those in favor say I. I oppose. Nay. Motion passes. Um just a clarification. I notice on 10 C 344-2025. Is it supposed to be 2026? Yes, it is. That is correct. Do we need to make a different motion? Do we want to resolve this now or resolve it later? What's appropriate?

Yeah, I would be okay if uh the governing body just took it back up just to make the change based on a clerical error. And as long as that's noted in the minutes, we can change the actual paper uh ordinance at the time of signature. Great. Um, can we move back to Tennessee C to acknowledge the clerical error there? Yeah. Yes.

Just ask for amendment to the motion. Okay. From the person that made the motion. I think that'd be me. Yes. I move to amend the motion uh to to make it 3044-2026. And would you would I second that there's been amended motion and a second to the amended motion. Any further discussion? All those in favor say I. I oppose. Nay. Motion passes. Item 10E. The governing body is asked to consider and approve a resolution regarding the city's responding to a financial emergency plan. If approved, this would be resolution number 3216-2026. coin.

This city has identified the following circumstances under which a financial emergency should be declared and has outlined those circumstances and its formally adopted financial management guidelines responding to a financial emergency. The commission is required to review those financial indicators each year. Staff provides the following information as of December 31st, 2025 in response to each circumstance uh described in the guidelines. So one, revenues are less than budgeted such that the city's projected budgeted uh revenues are no longer anticipated to cover projected expenses. Revenues in the general bond and interest in the airport funds exceeded budgeted amounts. The property and motor vehicle tax collections and these funds show strong uh collections. Sales tax collections were are also steady with an increase of approximately 1.7% over 2024 collections. City enterprise fund revenues except for the electric utility exceeded budgeted amounts. The revenues of the electric utility were below budgeted expectations due to delays in anticipated commercial customers coming online during the year and not receiving grant funding, reimbursements for experienced uh experienced project costs. Expenses in the electric utility exceeded budget due to various factors, including experiencing costs for additional development not originally anticipated in the budget, increases in costs for wholesale power, and increased expenses on capital purchases. The electric utility had adequate revenues and cash balance to cover the expenses beyond the original amount budgeted. The electric utility fund has cash balances of $683,342 as of December 31st uh 2025. The Electric Capital Reserve had a cash balance of 5,152,850

as of December 31st, 2025. I believe Mike is going to come and say a few words as well. Give Colleen a break from talking. There you go.

Good afternoon, Mayor Commissioners. I just wanted to point out five points of why we're in the condition that we are and we drew that cash balance down so much. Uh one was the anticipated industrial loans did not develop as uh had planned. We have not received reimbursements from federal and the KCC grants that we had applied for. We expended the money but we didn't receive the haven't got the revenues back yet. And then uh we expended uh money buying materials for future development in order to stay in front of the uh supply chain issues where we couldn't get material in time. And then couple other quick things is on power supply. The uh overall supply power supply costs have increased over 5% since over 2024 to 2025. And then the bigger player was the Dogwood Energy facility was taken out of service for two months. And that particular resource uh makes up 32% of our our supply. So when it's running, it makes up that deficit and it also sells more into the into the market which we collect from. So I'll be presenting more information to you guys before the end of the month on all of that. I wanted to make sure you're aware why that occurred. Thank you.

Thank you. Thank you.

All right. Number two, uh, revenues fall below the performance goal as identified in the fund balance guideline. If the fund has not yet met the performance goal, an emergency would be defined as a decrease in the reserve from the previous year if the spend down of the fund was not planned or budgeted. The general fund cash balance on December 31st, 2025 was 11,49,7627. The fund balance policy for the general fund states to maintain a minimum of 15% of the general fund's annual operating budget. That amount for 2025 is $6,62,544. The carryover cash to 2026 exceeded the budget estimate by 3,545,117. Community Trust Reserve is to maintain a minimum fund balance of $2 million. On December 31st, 2025, the cash balance was $2,280,933. Three, the city is unable to reduce expenditures in the amount required to structurally balance the budget. The city has measures in place should this situation occur. It would involve the city manager working with department heads to resolve budget expendure expenditures that can be reduced. Four, an unforeseen extreme event requiring significant expenditures for repair or remediation that exceed 20% of the budget of the fund budget. The city did not experience any unforeseen extreme events requiring significant expenditures or remediation exceeding 20% of any of the funds budgets. Five, loss of a primary employer in the city resulting in 2% or more of an or more increase in the city's unemployment

rate, a projected 10% drop in city valuation, or a 10% drop in population. The 10 largest employers in Finny County, as noted in the city's annual financial report, have shown no indication of a slowdown in the economy. The unemployment rate for December 2025 is 2.5% compared to 2.3% in the previous year. The city does not anticipate a drop in valuation in 2026 which is reflected in the continuation of building permits being issued and preliminary data including indicating excuse me indicating property values increase over prior year valuations. While we do not have the calculations yet for the population for December 31st, 2025 by the neighborhood and development services department using US Census Bureau data and residential needed data. Preliminary expectations do not anticipate a drop in population above 10%. With this information, it is the staff's determination that a financial emergency does not exist. Accordingly, a resolution for your consideration has been prepared. The governing body may approve the resolution as presented or may not approve the resolution as presented to provide staff with additional direction. Our recommendation is that the governing uh body approve the resolution as presented.

Any questions for Colleen? would like to point out the resolution number would be 3217, not 3216-2026. If approved, I obtain a motion for resolution number 327-2026. I move to approve resolution number 3217-2026. There's been motion. Is there a second? Second. There's been a motion and a second. Any further discussion on this item? All those in favor say I. I oppose. Nay. Motion passes.

Item F. The governing body is asked to consider and approve the following resolution regarding the waiver of generally accepted accounting principles. And if approved, this would be resolution number 3218-2026. Colleen, last one. Last one.

It's just marathon here. Uh at the October 15, 2024 meeting of the city commission, the governing body approved a transition to utilizing the regulatoratory basis of accounting prescribed in the Kansas Municipal Auditing and Accounting Guide K for their annual audit shifting away from utilizing the US generally accepted accounting principles GAP and issue issuing an annual comprehensive financial report in accordance with KSA75-12. 20A. The city will need to approve a resolution each year that they determine they will not utilize GAP but instead utilize KMAC. The resolution presented today was the requirement of KSA75-11A as they apply in the city for each year ended December 31st, 2026. Alternatives, the governing body may approve the resolution. Number two, the governing body may not approve the resolution. Not approving the resolution would result in the city continuing to follow GAP for their annual audit. Our recommendation from staff is that the governing body approve the resolution as presented.

Further questions for Colleen on this item. I'll entertain a motion for resolution number 3218-2026. I move to approve resolution number 3218-2026. There's been motion. Is there a second? I second. There's been a motion and a second. Any further discussion? All those in favor say I. I. Oppose. Nay. Motion passes. Thank you, Colleen.

Item 12A. The governing body is asked to consider and approve the lease and operations agreement between the city of Garden City and Lovings Bakery and Cafe LLC for the lease of the flight deck restaurant located at Garden City Regional Airport. Michelle,

good afternoon. In December of 2025, the airport submitted um a request for proposals for restaurant operators. We received one proposal from Brandy Y, the owner and operator of Living Bakery and Cafe. Um Brandy met with the airport advisory board in December during our meeting and talked about her plan for the restaurant as well as menu items, price selections, and discuss rent as well. Um the advisory board um worked with Brandy and staff to negotiate the lease that is attached. Um the operating hours for the new restaurant that will be opening in March um will be Sunday sorry Tuesday through Sunday 11 to 2 for lunchtime hours um with the addition to expand as a customer basis builds um at the restaurant. Um the the monthly rent is $1,000 $1,100 per month and then um all the other federal provisions apply to the lease like any other normal lease at the airport. Um the governing body may approve the lease agreement. They may may the governing body may not approve the lease agreement. Um but you also may provide guidance to staff. If you have any questions, be happy to answer those. Otherwise, staff and the airport advisory board recommend approving the lease and operations agreement for the restaurant. um owned and operated by Brandy Aunt for B Loveings Bakery and Cafe.

Any questions for Michelle? Michelle, sorry. Go ahead. I was going to say I'm glad that there was somebody who um wanted to uh locate in that restaurant. So, we are very thankful. Yes, they serve a need. Yes, I'm excited. Um I know the lease, if approved, would start in March, correct? Um do they have a game plan? how early they think they would be up and operational.

Yeah, the hope is to begin in March. Um, early March. Um, we have um authorized uh the entrance into the restaurant so can she can start setting up in preparation for the opening day. I don't know if she will open exactly on March 1st as it falls on a Sunday and then have Monday off. So, um, we will broadcast it on our social media platforms as soon as we know the exact opening day and we'll celebrate with her. Great. Yelle. All right. Thank you. Entertain a motion for this item. I move to approve the lease um and operations agreement between the city of Garden City and Lovings Bakery and Cafe LLC for the lease of the flight deck restaurant at the Garden City Regional Airport. There's been a motion. Is there a second?

I second. There's been a motion and second. Any further discussion on this item? Seeing none, all those in favor say I. I. Oppose. Nay. Motion passes. Thank you. Item 12B. The governing body is asked to consider a recommendation from the city attorney and special utility council related to the findings of the fact and conclusions with regards to the selection of a retail electric supplier for properties annexed pursuant to ordinance number 3027-2025 and ordinance number 3030-2025. Jimmy,

good afternoon, mayors and commissioners. Um the governing body voted to annex certain real property located on two tracks. The first track located on north half of section 10 township 24 south range 32 west of 600 p.m. which is the Mary Street track. The second located at the southwest quarter of section 1 township 24 south range 33 west of 6 p.m. which is the south uh the Lewis substation collectively annex property. The governing body voted to annex the Mary Street track pursuant to ordinance number 3027-2025 on October 7, 2025. The annexation of the Mary Street track was effective on October 16, 2025. The governing body voted to annex the Lewis Street track pursuant to ordinance number 3030-2025 on November 4th of 2025. The annexation of the Lewis Street track was effective on November 11th of 2025. At the time of the annexation, the annex properties were in the retail electric service territory of Woodland Electric Cooperbury, Inc. Neither of the tracks of land annex were being served by WECI. Whenever the city annexs the land that is located within the CR certified territory of retail electric supplier, the city shall negotiate for the issuance of franchise agreement pursuant to KSA 12-201 in amendments there too with the retail electric ser supplier holding a certificate within the annex area. The city shall make the selection of which supplier receives a franchise to operate within the annex area. When making such

selection, the city shall consider certain factors including but not limited to A the public convenience and necessity. B the rates of various suppliers, C the desires of customer or customers to be served. D the economic impact on suppliers. E, the economic impact on customers and customers of the suppliers. F the supplers's operational ability to serve the annex area. G avoiding the wasteful wasteful duplications of facility. H avoiding the unnecessary incumbrance of the landscape. I preventing the waste of material and natural resources. J propose proposals from any retail electric supplier holding the certified uh in the annex area and K whether the selection is in the public's interest as it relates to all factors considered by the city. And at this time I'm going to have um the assistant uh city attorney um share the findings.

Thank you sir. Good afternoon, commissioners. Uh, that part that was just read that was a statute specifically was KSA6-1 comma 176 subsection A2. This next part that I'm going to read is KSA6-1A6 subsection F. That statute provides an important part. Whenever the service rights of a retail electric supplier are terminated pursuant to subsection A, which was just read, fair and reasonable compensation shall be paid to such retail electric supplier by the supplier subsequently authorized to provide the electric service, including an amount equal to 8.5% of the gross revenues of the total retail sales attributable to new customers in the territory in which service rights have been terminated for a period of 10 years following the date of termination of service rights of the electric retail electric supplier. In this case, if the city selects the city utility department to serve the annex properties, uh we WCI's uh service rights to the Mary Street track will terminate on April 14th, 2026. And Wheatland service rights to the Lewis substation track will terminate on May 20th, 2026, which is 180 days after the effective date of the annexation for each respective annex respective annexation. The 180day period is established by KSA66-1 comma 176 subsection A1. Accordingly, the 8.5% statutory payment will expire on April 14th, 2036 for the Mary Street tract and May 20th, 2036 for the Lewis substation tract. On number five, on November 26, 2025, the city utility department provided notice to Wheeland of the annexation and asked Wheelland to notify city staff as to whether it wish to apply for a franchise to be the

retail electric supplier for the Lewis substation tract. On November 26th, 2025, James M. McVey, assistant general manager and general counsel of Wheatland, confirmed that Wheatland has was not requesting a franchise for the Lewis substation tract. Number six, on December 1st, 2025, the city utility department provided notice to Wheatland of the annexation and asked Wheatland to notify city staff as to whether it wished to apply for a franchise to be the retail electric supplier for the Merry Street tract. On December 1st, 2025, Mr. McVey confirmed that Wheatland was not requesting a franchise for the Merry Street Track. Number seven, at its December 16th, 2025 public meeting, the governing body received evidence regarding which entity should be the retail electrical service provider for the annex properties based on the factors set forth in KSA6-1,76 subsection A2. Michael Mirhead, public works director of Garden City, presented on behalf of the city utility department. Number eight. Pursuant to KSA66-1 comma 176 subsection F 1 through 4, the city utility department is obligated to pay Wheatland for the expense of the retirement of Wheatland facilities on the annex properties and two times the previous 12 months gross revenues attributable to customers in the terminated territory. There are no existing electrical services being provided on the annex properties. Therefore, there is no compensation required pursuant to the annexation. Number nine, based on the evidence presented, the governing body uh finds as uh laid out in the memo with regard to the factors set forth in KSA6-1, 176 subsection A2. And I'm not going to read all of those factors uh to you,

however, they are provided in detail in the memo. Uh so the alternatives before the governing body are there are three the first being the governing body concludes that the city utility department shall be the electric service provider in the properties annexed pursuant to ordinance 3027-2025 and ordinance number 3030-2025 and that we has been and will continue to be compensated for the termination of its service rights according to state law. Uh second alternative, the governing body may choose to select another retail electric provider. And the third and last alternative is the governing body may direct staff to offer an additional alternative. The uh recommendation staff recommends the governing body conclude that the city utility department shall be the retail electric service provider in the properties annex pursuant to ordinance number 3027-2025 and ordinance number 3030-2025 and that we has been and will continue to be compensated for for the termination of his service rights according to state law. As far as a fiscal note, pursuant to KSA66-1 comma176, the city utility department is obligated to pay Wheatland for the expense of the retirement of Wheatland facilities on the property and two times the previous 12 months revenue. Since there are no existing electrical services being provided on the annex properties, there is no compensation required pursuant to the annexation. Uh and with that, uh Mike, Jose, and I are here to answer any questions.

Are there any questions for staff? Seeing none, I'll entertain a motion for this item. I make a motion. Uh the governing body concludes that the city utility department shall be the electric service provider and property is annex persuant to ordinance number 3027-2025 and ordinance number 3030-2025 and that Wheatland Electric Corporation has been and will continue to be compensated for the termination of its service rights according to state law. There's been a motion. Is there a second? I second. There's been a motion and a second. Any further discussion? All those in favor say I. I. Oppose. Nay. Motion passes.

Thank you guys. Thank you. Yeah. Thank you. Item 12 C. The governing body is asked to consider and approve the estimate for Asphalt Street Reclamite application from Proceal, Inc. for $72,642.32. Tyler.

Hey. Good afternoon, Mayor and Commissioners. Uh so back in uh August of 2023 um we had professional engineering consultants conduct a street evaluation and a rating study along with uh recommendations on maintenance practices and the the attached bid here um with the attached map is uh it'll treat about 3.11 miles of city streets. Uh Proill Incorporated is a sole source provider of preventative maintenance asphalt street rejuvenation product known as Reclamite. Uh this product is specifically designed for use on newer streets and uh it's part of a proactive uh pavement preservation program which if you go back and look at the PEC recommendations, it does fall within the rating category to to do a preservative type maintenance treatment. Uh the recklite it's applied directly to the asphalt street. Um and then they they come back and they apply a light sand over the top, but it uh penetrates the pavement. It repl replenishes the essential components helping restore the flexibility and slower slowing down the aging process of the asphalt. Um the neighboring city of Hulcom, they did they have used used this product uh with positive results and city staff did go out and look and evaluate the condition of local streets and identify different segments that are well suited for this application and treatment uh based on their current condition. Uh the record might application is expected to extend the life of the service um for these asphalt streets by approximately 5 to seven years thereby deferring the need for more costly maintenance methods such as the chip sealing. And just throw out a number as well. Um the cost if we were to chip seal these these streets would be about double about $135,000 based off of some recent pricing.

Um you know if approved today the completion um from Prosil to do this would be June 30th of this year and the alternate is before you. Um one governing body may approve the estimate from Prosil for $72,642.32 or the governing body may reject the bid the estimate from Prosil for $72,642.32. Staff recommends that the governing body do approve the estimate from Prosil. And on the fiscal note, um the project would come out of the material street repair account uh which has a current balance of 1,52,628.58. And I will also add that um proil representative Chris Greenwell is still here also. We have any questions that will deeper into the product. But with that, I'm happy to answer your questions.

Any questions for Tyler or Pro representatives? Seeing none, I'll entertain a motion for this item. I make a motion we approve the estimated uh bid from uh Proceal, Inc. for $72,642.32. There's a motion. Is there a second? Second. There's been a motion, a second. Any further discussion? All those in favor say I. I. Oppose. Nay. Motion passes. Thank you.

Thank you. Item 12D, the governing body is asked to consider and approve a task order with Wilson and Company, Inc. in the amount of $47,826 for the technical representation on behalf of the city of Garden City and Finey County regarding Kansas Department of Transportation's bypass study. Danielle,

good afternoon, mayor and commissioners. Uh the Kansas Department of Transportation released a request for proposal related to professional services for the Garden City Bypass traffic/safety and conceptual study. Proposals are due on February 4th with an agreement anticipated to be executed with the selected firm by the end of March. The study is set to begin April 1, 2026 and take approximately one year to complete. At the joint meeting on January 20th, 2026, the city of Garden City and Finey County directed staff to coordinate with Wilson and Company incorporated to develop a task order to provide technical assistance uh to the city of Garden City in Finey County on the current US 835400 bypass study that KOT is currently conducting. Wilson & Company Incorporated has been significantly involved in the previous discussions on the topic on behalf of the city of Garden City. Uh there are three alternatives before you this afternoon. Uh the first, the governing body may approve the task order with Wilson and Company for $47,826 to provide technical representation on behalf of the city of Garden City in Finey County as it relates to the KOT bypass study and direct city and county staff to pay for the cost from the joint economic development incentive funds. Alternative two, the governing body may approve the task order with Wilson and Company for $47,826 to provide technical representation on behalf of the city of Garden City and Finny County as it relates to the K. bypass study and direct the city to pay for the task order and bill the county 50% of the cost to be paid for out of the city and county's general fund respectively. Or three, the governing body may provide alternative direction. Uh staff recommends the governing body approve the task order with Wilson and company for $47,826 to provide technical representation on behalf of the city of Garden City and

Finny County as it relates to the KB bypass study and direct uh staff on the preferred payment uh method. I will note that the board of county commissioners took up this item at their meeting yesterday. they made the recommendation to utilize the uh joint economic development incentive funds uh as their preferred funding uh option. Um although I understand in the motion that they were uh also amanable to the the second option of using general fund dollars should the city commission uh identify that as as your preferred um funding method. So, uh the fiscal note, uh related to this item, um the city will be the respons oops went too far. The city will be the responsible party uh for the terms of this agreement and will therefore therefore pay the initial bill and then seek reimbursement from Finny County based on the funding strategy uh that is ultimately identified. Uh if the governing bodies uh select uh the joint economic development incentive fund to pay the full $47,826 um there are sufficient funds in that uh fund to be able to do so. Um if the city commission is interested in utilizing the general fund uh then each uh the city and the county would be responsible be responsible for $23,913 uh to to pay for those costs. Uh this is an unbudgeted fund. Uh so that would come out of the general fund fund balance. Um with that, I'd be happy to answer any questions that you all may have.

Any questions for Danielle?

So the county was interested in paying out of the the reserve fund. So where does that I mean we would just go to them and ask for that then I mean in return. Yes. So they they are the ones that manage the joint economic incentive fund. Um so yes they they would then be the ones that would um pay for that the the cost of that out of out of that fund. Yes. And that's one of those items as well that comes before you in terms of uh a request to provide funds to go into that joint fund kind of annually during your budget process. And

you said there's sufficient funds in that to do that. Yes. Yes. Yes. There's still several hundred,000 left in that fund should you want to move forward with this request.

And say that again. That fund. What fund? uh the joint uh economic development incentive fund. I make a motion we approve the task order with Wilson and company for the $47,826 to provide the technical representation on behalf of the city of Garden City and Finey County as it relates to the K dot bypass study and direct staff on the preferred payment method of um getting reimbursed for this through the economic development joint incentive fund. Incentive fund. I'll second that.

There's been a motion, a second. Uh, any further discussion? So, just to be clear, the city will pay and then we will be reimbursed through the fund. Okay. Okay. Correct. Any further discussion? All those in favor say I. I. Oppose. Nay. Motion passes. Item 12E. The governing body is asked to consider and approve appointments to the art grant committee. Danielle,

good afternoon again, mayor and commissioners. The art grant committee or the committee meets annually to make recommendations to the governing body regarding annual art grants. The committee is comprised of three atlarge positions. One member, Jessica Mononttoya, has elected to step down from the board as her term ended on December 31st of 2025. There is one applicant that has submitted an application to serve on the committee. Uh her name is Rocky Saab. Additionally, Troy Nanaga's term has expired and however, he is willing to serve an additional two-year term. This would ensure that one committee member term expires each year. Mr. Nanaga has served on the committee since uh 2017 and has exceeded his two consecutive terms and would need a waiver from the city commission to continue to serve on the board. The alternatives before the city commission are one, the governing body may appoint Rocky Saab to serve a three-year term ending December 31st of 2028 and appoint Troy Nanaga to serve a two-year term ending December 31st of 2027. Or two, the governing body may direct staff to seek uh alternative committee members. Staff recommends the governing body appoint Rocky Saab to a three-year term ending December 31st of 2028 and appoint Troy Naniga to a 2-year term ending December 31st of 2027. And there is no fiscal impact and I would be happy to answer any questions you may have.

Any questions? My only question did we have any other applications or for this? Okay. No, we did not. And who all who all makes part of this group?

So this group meets annually uh to provide recommendations. Um so it's a little it's a little tricky uh because they do only meet once a year uh to make recommendations when we go out for those art grant requests. Um so it is just a three member a three member board. Yep. I make a motion we approve Ricky Savas uh for the appointment of the three-year term ending in December of 31 of 2028 and appoint Troy Naniga to the 2-year term ending in December of 31 of 2027. There's been a motion and a second and sorry, there's been a motion. Is there a second for this item? A second.

There's been a motion and a second. Any further discussion? All those in favor say I. I. Opposed? Nay. Motion passes. The remaining items are consent agenda items. If the commission doesn't wish to pull any of those off or if there aren't people here interested in speaking on any of those individual items, the appropriate motion would be to approve consent agendas item 13 A through L. Are there any members from the public here to speak on nuisance conditions? Seeing none, I move to approve consent agenda items 13A through 13 L. Second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say I. I oppose. Nay. Motion passes. And next up, we have commissioner reports. First up is Commissioner Oiler.

Okay. Um it was a great premeating. Thank you Danielle for all the information um regarding the state theater and next steps and kind of starting that discussion again. We really do appreciate the opportunity to do that. Um I did have an opportunity to attend the um Finey County Economic Development annual meeting. Um it was it's always a great meeting to attend to hear what's coming up and and what they've been up to and just to be able to hear um some of our future plans in Finey County. Um I also um wanted to take a minute and thank a lot of people from our community. Um when we had the uh cold weather shelter, um we opened up the we meaning United Way and the library and the county and even you know working with the city um to open up our warming shelter and we were able to keep that warming shelter open from Friday the 23rd through Tuesday um at 9 in the morning and we had um 32 volunteers who um took multiple shifts and kept it open 24 hours a day. We we didn't have a single time where there was not a volunteer um manning that shift and it was great. We had two people who stayed Friday night, two who stayed Saturday. We had five who stayed on Sunday and then 15 people from the house came over to eat uh because we had four volunteers who brought so much food that we were um we weren't sure what we were going to do with the leftovers. And so it was really nice to be able to feed that many people, but to be able to feed that many extra people, I mean, that just is a true testament of of our community. Then we had four that stayed over on Monday night. And we are in the process of putting together kind of a procedure for that and what that looks like going forward because now even though we hope that there's not any more inclement weather, we all know that's could that's not a possibility. But anyway, um so

that when this happens again, we have a policy in place, we have staffing in place, we have locations in place, and we can just um when we get the notification that we need to open one, we we are able to do that. And so um our community really came through and and made sure that people who needed a place to come and be warm, um could have a safe place at the library, uh to stay warm. So, thank you guys so much for that. Um, and then also I was able to um help the mayor who uh to present a proclamation at Gertude Walker for health awareness week. So, thanks for giving me the chance to do that. That's all I have.

Thank you, Commissioner Orther. Next up is Commissioner Canales Lozano. Yes. Um, so I want to say thank you to um all of our city staff and everyone who continues to show up for our community. Um, it's very encouraging to see how much people care about Garden City. And as I am still learning and settling into this role, I want to say how much I appreciate the patience and support that I've received from everyone across the board. Um, and especially my fellow commissioners. Um, every meeting helps me better understand how we can serve our community and just throwing those ideas back and forth. So, I appreciate everything and um thank you.

Thank you, Commissioner Canales Lozano. Commissioner Cessna.

Um just wanted to mention that I did attend the local government day in Topeka last week. Uh met with a number of representatives and senators. It was kind of a tricky day to try to meet with them. They had a 5 and a half hour debate on uh restroom uh bill and then senators were uh busy debating other bills but uh did meet with them at the reception in the evening but uh very good to meet with our local uh representatives and senators. also attended the committee on local government transparency and ethics meeting and uh was recognized at the meeting just for attending being in uh in attendance at that meeting. So that was nice. Um but it's one of the things that the League of Kansas municipality does every year just to uh take the board over to that meeting just to recognize the board uh um from the league as well. And then I did attend uh the League of Kansas Municipalities Board meeting on uh that Thursday of last week. Um did attend the uh Penny County Economic Development annual meeting. uh very a lot of good information about how our community has grown and continues to grow and how we collaboratively work together um in Finey County to make uh everyone successful and keep rowing in the same direction. um heard that a lot too um up at the capital that um we all need to row together and uh when the uh cities and counties come together, they were talking about that quite a bit of how the cities and counties need to work together and uh pointed out that there were a number of uh cities and counties in the state of Kansas that do work uh collaboratively together and you can see that uh where they work together collaboratively that they're very

successful and uh kind pointed to some of those uh communities on that in the meeting. Um, oh, just wanted to mention good sales tax uh figures coming out uh for uh saw that in the report. So, just wanted to mention to everybody, please shop local and fly local. That's all I have. Thank you. Thank you, Commissioner Cessna. Commissioner Langraph,

I just want to say first that great premeating being able to discuss together regarding the future of the state theater. Also just want to say thank you to all the staff that was out during the winter storm in the below zero temperatures. Just greatly appreciate all that you do and also looking forward to having now a restaurant in the future at the airport. So thank you.

Thank you, Commissioner Langruff. Uh for myself, I was also that fig of any economic development um annual meeting and it was just very good to have the cander of their executive director and to really see the landscape of electricity for um western Kansas really and just also uh some I was at St. Mary's school last week just popping in and I walked into 150 students with cutout faces of myself and teachers were wearing uh faces on their shirts of myself and so it was good to see these schools celebrate their community and do it so joyfully and I was very appreciative of that. um the landscape of the state theater was a very good direction for us to take and and how we were able to narrow down those burials and I'm very excited to see uh where this commission takes those ideas and also I'm very excited to have Loving's uh bakery and cafe up at the airport. It would be a good lunch afternoon spot to just hang in and see some planes come in and out. But other than that, that's all I have. Thank you. Last are just presentations of boards that for the city and with that the meeting is adjourned. Okay.