City Commission - Regular Meeting

Okay, it is now 6 o'clock and I hereby call the March 17, 2026 city commission meeting to order. Um, Chelsea, would you please call the role? Mayor Adam Track, present. Commissioner Mcola here. Commissioner Fox here. Commissioner Morrison here. Commissioner Von Lentil here. Mayor, we have five commissioners present. The quorum of three is met.

Thank you. Uh, would you please rise and join me in saying the pledge of allegiance? I pledge algiance 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. Thank you.

Uh we have several proclamations this evening. Will uh those who are here for the becoming confident day please come forward. Whereas confidence is a foundational skill that empowers individuals to believe in their abilities, overcome challenges, and pursue their goals with courage and determination. Whereas building confidence in children, young people, and individuals with intellectual disabilities helps develop resilience, leadership, empathy, and the ability to positively impact their schools and communities. And whereas the children's book Becoming Confident encourages readers of all abilities to recognize their unique strengths, embrace who they are, and believe in the power within themselves. Whereas literature, literature and advocacy that promotes confidence and inclusion help create opportunities for individuals of all abilities to recognize their strengths and participate fully in their communities. And whereas community outreach efforts have expanded access to inclusive literacy resources through public libraries, Kansas schools, Special Olympics Kansas programs, inclusion libraries, and other community platforms that uplift and support individuals of all abilities and promoting literacy, inclusion, and

self-belief. strengthens communities by empowering individuals to grow into compassionate leaders who uplift others. And whereas promoting literacy, inclusion, and self-belief strengthens communities by empowering individuals to grow into compassionate leaders who uplift others. Now therefore, I, Susan Adamac, Mayor of Manhattan, do hereby declare this Friday, March 20th, 2026, as becoming confident day here in Manhattan. And I encourage all residents, schools, libraries, families, and community organizations to celebrate the power of confidence by reading, uplifting others, choosing inclusion, and empowering individuals of all abilities to believe in themselves and their potential. In witness thereof, I here upon set my hand and cause the seal of Manhattan to be affixed this day, the 17th of March, 2026. Congratulations. You want to stand over here? Um, I'm Kylie De.

Hi everyone. I'm Caitlyn Andress and I serve as the special event coordinator for Special Effects Kansas. We have two of our amazing local Manhattan athletes. We have Kylie and she's excited. She's been working very hard on her cheerleading routine that they'll be showcasing this Friday. And this is Joshua Colt, our other athlete. seven time champion national gold medal over here in basketball, football, volleyball, and I've had the honor of knowing Josh the past seven years. I was actually a unified partner at K State when I graduated. And so it's really awesome to serve them. And so this day we're going to celebrate with Special Olympics. So come out this Friday and Saturday. We have state basketball and cheerleading. And on Friday we have a dance. So we're going to show the athletes as a surprise with proclamation. So thank you guys so much. And thank you The Special Olympics will be held at the Anthony and the Eisenhower middle schools. Um I'm not sure if you still do you still need volunteers? Are you aware?

Yes, I am one woman. So please come out. Well, um I know that they were seeking about 140 volunteers of with all different levels of um activities to help with. I believe you can go I don't is parks and wreck involved in this. Can you go to the parks and wreck website? You can go to actually special Olympics.com on our Facebook page and we have the state basketball and cheer link tab. You can just hit and then the link's right there in purple. And I believe that um the conference and visitors bureau also has a link. Um I'm doing it. But yes,

and our next proclamation is recognizing Chief Ronnie Grace who has served the Kansas State University and the city of Manhattan with integrity, professionalism, and steadfast desic dedication as assistant vice president and chief of police. And whereas during his tenure at Kansas State University, Chief Grace strengthened can safety operations through strategic leadership, modernization of public safety practices, and a steadfast commitment to excellence in communityoriented policing. And whereas his leadership advanced collaborative partnerships between Caseate, the city of Manhattan, Riley County, state agencies, and federal partners, reinforcing a unified approach to public safety and American emergency preparedness. And whereas Chief Grace championed community policing and engagement initiatives that built trust, fostered transparency, and strengthened relationships among students, faculty, staff, and the broader Manhattan community. And whereas he prioritized mentorship and professional development within law enforcement, empowering officers and staff while cultivating the next generation of public safety leaders through guidance, training, and example. And whereas his commitment to citizen awareness and safety education enhanced proactive outreach efforts, reinforcing shared responsibility and strengthening community resilience. Whereas beyond his professional leadership, Chief Grace has demonstrated exceptional civic commitment through

service with home care and hospice as chair of the Flint Hills Volunteer Center as a member of the Meadowark Board of Directors and through engagement with the Greater Manhattan Community Foundation. Whereas his dedication to service reflects a lifelong commitment to strengthening institutions, supporting vulnerable populations, and investing in the long-term vitality of the Manhattan community. Now, therefore, I, Susan Adam, mayor of the city of Manhattan, Kansas, do hereby declare March 31st, 2026 as Ronnie Grace Day in Manhattan, Kansas. and hereby recognize and honor Chief Ronnie Grace for his distinguished service, visionary leadership, and enduring contributions to Kansas State University, and the greater Manhattan community. We extend our sincere appreciation for his unwavering commitment to public safety, community engagement, and civic leadership. And we congratulate him upon his retirement with gratitude and best wishes for continued success in the year ahead. First of all, I would like to say giving an honor to God who is the creator of all things. About a year ago, this probably wouldn't have been possible because I w up in the hospital

for three weeks, then one week in Molar. So, everyone who was sharing their prayers and thoughts, they were answered. Now, 31 years ago when I moved to Manhattan, did not know anything about Manhattan. Moved here and you've heard it from a lot of individuals at the university. I was only planning on being here for two years. That was it. 31 and a2 years later, Manhattan is home. I can't think of any better way to end a 46 and a half year career in law enforcement in two states. It is the peoples of the city of Manhattan who has made this home. I would like to thank you for this proclamation, but most of all, I'd like to thank my wife. It's amazing how we met. But she followed me here. My son is a graduate of K State. My daughter Arkansas fine blood. just because I'm retired. Manhattan is still home because she still has to go to work. But I like to thank my family, my friends, uh the city of Manhattan. But there's one thing about it is I couldn't do this alone. I had a great staff, and I'm represented tonight by Captain Brooks. But most of all, it takes more than one individual to make a community safe. So, I would like to really thank all of my partners in crime and those guys are Scott French, Manhattan Fire Department, Brian Pete, director, Raleigh County Police Department,

Russell Stucky, emergency management, and Dave Adams. This is the first place that I have worked where the entire emergency services was a team. We trained together, we break bread together, and we made our communities safe. So, with that being said, I'd like to thank uh Madame Mayor, the commissioners, and which there are two of them. One is my neighbor, so I promise him he wasn't going to heck with me tonight. I'd like to thank all of you because we all are in a position where we have to make tough decisions on behalf of our community. It is the same way in our emergency services. We have to make tough decision, but those decisions are made for the best interest of our community that we serve. So, with that being said, thank you so much. My family, my close friends, I love you all and thank you for being here. Thank you all. What great uh opportunities for recognition today. Okay. Um I would like to open public comment. This is your opportunity to speak about anything that is not on tonight's agenda. Um, we have not yet had anyone sign up at the at the desk. Is there anyone who would like to make comments on the agenda or on other business? All right. Seeing no one approaching the podium, we will close public comment. Commissioners

have few comments tonight. Happy St. Patrick's Day. Uh, my my wife is Irish, so thank thanks to my thank you to my wife. Um the talked to or I went to the meeting for the transportation. Um just wanted to let everyone know about the K18 connector between Manhattan's Walmart and Junction City's Walmart with a stop in Ogden and some other stops in between. So that's going to be a really vital uh really good service for a lot of our community as they commute from one one city to another city. And I think that's Oh, I am gonna help I'm gonna volunteer at Special Olympics on Saturday at at Susan Banthony.

Thank you, Commissioner. Commissioner Fox,

I was just going to congratulate Chief Grace. Goodbye, Chief Grace. Good luck in your retirement. You got to work with him for many years at the at the university and he's welld deserved. You know, I think u one testimony to how great Manhattan is and what a nice place it is to live is the number of people just like Mr. Grace who stayed with us for many many years. And I just wanted to do a shout out to Anne Smith who's been the director of the ATA bus system and we're we're seeing great things there. And um I think I was sort of there in the beginning with her when we had like three buses and were mostly just picking people up from their doors and and even when we got more buses and got more organized, Ann often jumped in and drove a bus when somebody was missing. So, congratulations to her. 25 years. Um, I'd like to recognize the Stormmont Veil Flint Hills campus. Last Thursday, um the Flint Hills campus was honored with the Elden Hyconomic Development Award from the Junction City Area Chamber of Commerce. Um this recognition goes beyond the Flint Hills campus economic contributions. It reflects the meaningful personal impact that their work has had on the community and a testament to neighbors caring for neighbors, the dedication that the team brings to serving the region each day. So, appreciate them. Uh there also is a news release which came out today. the uh we the city is announcing the grand opening of steel and pipe ball uh supply ballpark. This will happen on Saturday, March 28th at 9 in the morning. Um the entire community is open. It's welcome

to come to the opening. Uh guests are encouraged to walk through the complex to see the ball fields, to look at the new concession stand, um and visit with parks and recck staff who will be present if you have any questions. Hot dogs, chips, and soda will be available at 9 in the morning

um while they last. And there will be a limited number of Steel and Pipe Ball Field uh t-shirts available. So, please um bring your families, bring your friends, come on out and see what what's been going on on that corner for the last year and a half. And be prepared to laugh as your mayor throws out the first pitch. So, thank you. Um I would also like to make one other quick comment. uh at different times. Many of you are aware that um we commissioners have bi-weekly meetings with the city manager and the deputy city manager. Um, I've asked for more routine updates about what is going on in the city and I just want to commend uh city manager Dulan for following up on those requests and thank you for the report that you sent out last Friday or Thursday, but um it's just it's pretty basic stuff in terms of the progress of summer camp registrations, uh the impact of the legislature passing bill 244, also known as the bathroom bill, how the city is pursuing followup with that. Um, and uh when are the uh St. Patrick's the St. Patty fake Patty days uh municipal court dockets in case any of us want to follow those developments. So, thank you Danielle for following up with that. Okay. Moving on, we now have we'll move to our consent agenda. Consent agenda is um uh an agenda is housekeeping activities.

Uh these are items that have already been discussed or that are of a routine nature. Um commissioners, you may request items to be removed from the agenda. They the consent agenda they will be discussed immediately following or at a later time in this meeting. Is there any uh items that anyone questions? Uh mayor, I would ask that we pull item F2 dealing with the Blue Earth Water Plaza renovation project off the consent agenda. Anyone else have any concerns? All right. Hearing none. May I have a motion to

need to have public comment on your consent agenda? Is there anyone who'd like to make public comment on items on the consent agenda? Uh seeing no one, we will proceed. I move that we approve the consent agenda accepting item F2. Second. Chelsea, would you call the role, please? Commission Commissioner Mcola, yes. Commissioner Fox, yes. Commissioner Morrison, yes. Commissioner von Lentil, yes. Mayor Adam, yes. Motion carries, five to zero.

Um, I would just like to acknowledge that as part of the consent agenda, um, we have appointed Chaz Mey to the Parks and Recreation Board. And I would like to offer my thanks to Mr. for being willing to serve in this capacity and engage with our community. All right. Um, Commissioner Fox, your concerns about uh,

yeah, Director uh, Stewart is also prepared to give a quick presentation if that would be helpful. Yes, I I pulled it because I mean there's a lot leading up to this decision from the last year or two regarding Blue Earth Plaza with three of us new on here and uh there might be some differing opinions from previous commissions. So that's why it has to be pulled. Evening, mayor and commissioners. Um, the Blue Earth water feature renovation, um, just for some background on this, the original design was as a water feature, uh, which is not what it was used for. Um, there are depths up to 18 in in that uh, in the river area, which is kind of this area shown through here. Uh, and then the flat spray area at the south end that simulates more of a splash pad. um which kind of probably is why people used it as a waiting pool in a splash pad. So, a little background uh April 22nd of 2025, we did a work session. Um, we reviewed the original design and intent of the water feature, uh, Midwest public risk, uh, provided a risk assessment and made some recommendations that we either create a permanent barrier to prevent public use, uh, or decrease the depth to a splash pad depth, uh, or a zero depth, meaning there's no standing water, reducing the drowning risk. Um and then uh so at that time the commission uh recommendations were to align that facility with what was what it was being used for at that time which is splash pad and utilize a temporary fix till a bigger project master plan could be done for blue earth

plaza. Uh we begin to work with the original contractor mainly because uh there is a ton of geothermal below that and that site knowledge of the original construction we felt would be extremely handy um because if you go digging in that we definitely don't want to hit the geothermal. Um the original estimate that was presented to the commission was at 278,000. uh the original contractor came back with a price tag of 500,000 to do the project. So therefore uh we uh we didn't find that acceptable. So we chose to bid it out which is what's brought us here today. Um we worked with the architect to refine the project. We bid it out. The only bid was provided uh which is in your packet from BHS for just under 660,000 which is 42% over that estimated architects revised architect's cost. Um, so what we're trying to do in this project, obviously it's to reject the bid tonight and uh negotiate with them, but what we're trying to do in this project is remove these hazards and uh replace it with pavers that are similar to what's on the uh Discovery Center uh deck. Uh remove the boulders and stepping stones, remove the jets, and replace them with a different directional jet. uh and then refinishing the trench gates and the lids and the stream uh in order for it to be usable like a splash pad. So this was the interim concept. So these are all tiles that would be put in here and we would replace these jets to give a spray. It'll simulate that uh that river flowing as the uh tiles would be wet and kids can uh continue to play in that and with a safe depth. And of course the the back end of the stream would work as

well. This is just a rendering. This is an image of what that PA system under would look like using the existing system. We would have to run water through the stream, but obviously that would be covered up by the pavers. This is kind of where it is now and what it would look like after. So, the bid that we put out and I I just kind of broke it down into the categories, not necessarily on the line items, but uh demolation was right around 51,000, pavement uh and surfacing at 130 and the fountain equipment is 302,000 and that's the part that includes the labor for installation, electrical um which include the new wiring to all the jets and that was at 130,000 and then of course mobilization and that's what got us up to that 660. 60 what we put out uh and this isn't necessarily a complete list off these documents but it's the main things which is we're going to remove all the jets in the the red area uh demolish the boulders that you see right here because these actually sit above this plane and um then we were just replacing the jets the nozzles in here. So the existing controller would be replaced. Again, we're installing new nozzles and LED lighting. We're trying to use the existing uh infrastructure. So this is the existing uh piping plant to serve it and the drainage here. So we're trying to reuse as much as possible. This is just a look at what the new one. This is the existing on the side of the river that we would be replacing with these to have directional onto the uh the into the river. So that I'd take any questions or comments.

So clearly I'm all for you know look rejecting the bid and and trying to get the price down. Uh, as I read through all the material, I I saw this interim solution and then I see a permanent solution that's down the road, five years for over a million dollars and probably more, but yeah, more with all these rocks spewing water and and balls, you know, they they look like it's a concept right now,

real safety hazards. But uh u I I guess my my thought on these these jets would be to kind of centralize them more in the middle of the area uh you know rather than having them extend north clear to the discovery center to to help get the cost down. I I was I'd really be opposed to some of the stuff that was proposed for the permanent solution because it looked like a lot of safety hazards as well. I mean, we again, I think that's a concept that's out there um using aquatics professionals that design uh splash grounds all the time that um if we were to proceed with that, we would re-engage that and to build out an actual plan and those things could be obviously voiced and identified.

Well, I was interested. It seems to me that the channel would be a great outline for 10 loads of dirt and beautiful flower and plant garden. Probably a tenth of the expense and I you know any amount 600,000 500,000 is exceedingly high let alone the long range plant in my opinion. I think we can do something attractive to have something totally different without a water feature there.

And remind me the these improvements are funded by kind of that benefit district. Yeah, the south end TDD. Um any specific questions about that? I I'm going to kick it to Jason because that's his area.

Well, I I agree. We probably can't spend a million dollars on this. That's a little crazy. But um the water feature was part of the overall plan and and it is a concept that ties Blue Earth Plaza to the Discovery Center and I think it's very important to keep that. However, we can do it in it's as efficiently as possible and as inexpensively as possible. Um it really is um well used. I love to see people down there with their kids having picnics and things like that. And I understand the original design was somewhat fraught, although I don't think we've had many accidents there, but I can see it. It's a little scary seeing kids hop from stone to stone. But um having the water uh water issue there is I think a really important part and we need to keep that. Um so let's just see how we can do it and keep the price down. I would concur. I think I I'm in that part of town fairly frequently and like Karen, I mean, you just can't help but have a little flutter when you see so many kids there. Um, I think it would be greatly missed by a lot of families, particularly with the small children who are able to use shallow water safely without needing constant constant constant supervision. Um, I I think it makes it very attractive and I would also concur with Karen. Let's see what we can do to modify the price. I I think it makes sense to pull it to reject this bid and and to authorize um ongoing negotiation with the construction company.

I guess this question is for Jason, but how much is in the account I mean or for the TDD? believe we had adequate funds to cover the roughly $500 $600,000 that was originally authorized. That money keeps coming in. So, there is a balance. Um we when we looked at this originally, there's options for that money to surface in the future for a longer term type of plan as well. Um but Reena, do you happen to have it off hand? Currently, there's about 589,000 in that fund. And

was there any other Do we have any other competing projects that we know of or ideas of other stuff? The TDDs were established on that south end with a specific plan. It identified every piece of public infrastructure we have on the south end so it can help us repair streets, sidewalks, put money in the parking garage as well. Well, look, looks like the uh parking lot behind the Discovery Center could be a good place to use a fair chunk of that, would it not? Since it's really not a travelable way. Yes, it would.

Commissioners, do we have a motion for this item? So, I would move to reject the bid from BHS construction, incorporate and authorize city administration to negotiate directly with BHS for the Blue Earth water feature renovation project. Second. Chelsea, may will you read the call the role, please? Commissioner Fox, yes. Commissioner Morrison, yes. Commissioner Von Lentil, yes. Mayor Adam, yes. Commissioner Mcola, yes. Motion carries five to zero. Thank you,

Madam Mayor. In looking at the agendas, I was either asleep or not paying attention on the cutoff. I'd like to have item C, D, E, F1, and G, H, and I. I we dealt with I think with your appointments removed from the consent agenda. I'm I'm sorry. I don't believe we can do that at this time. We've already approved the agenda. We've already taken action on the consent agenda. So then I'd move to amend the consent agenda that we approved to allow readressing those because those are significant items.

Is there a second? The motion would fail for lack of second on the floor. Thank you. Uh we are now moving it to public hearing. We have uh two items this evening as public hearing. Uh the first is to consider approving ordinance 7816 vacating a portion of a public travel and utility easement located on lot one lot A Cedarhurst. and uh Director Johnson will make a presentation.

Thank you, Commissioner. Uh mayor, commissioners, Brian Johnson, director of public works, city engineer. Before I get into the presentation, uh just wanted to give you a kind of a quick background on how vacating easements or rights away work and the flowcharts that we use in order to get to this point. Uh so as you can see an applicant can submit a request either planning or public works that includes a legal description a legal survey. From there public works public utilities and planning reviews the submitt to ensure the city has no interest in the easement. If the city does have an interest in the easement we'll kick it back to the applicant, tell them no thank you. We have a future project. We have a future interest. Something in the future where we believe we're going to want that easement. If we don't have an interest in it, then we come over and we will engage with our franchise utilities. So, Cox, Kansas Gas, uh AT&T, those folks. Uh we do send letters of request to franchise utilities seeking their input. Uh we give them 14 days in order to respond whether they're have facilities in those easements and if they want to give up those facilities or relocate them. If there are no conflicts and if uh responses from utilities within 14 days, public works then will advertise the legal description as uh required by state statute. Then we schedule a city commission public hearing, which is where we are tonight. If the private utilities do have conflicts, the applicant is advised to work with that private utility on either a relocation plan or the project would stop. Uh if Kansas Gas has something in a legal easement, the applicant then would have to pay Kansas Gas to relocate or come up with a plan for a relocation. Uh zero city dollars in that. It'd be strictly up to the applicant. And then after that 21 days and we hold a hearing and that's where we are tonight. So just really quick wanted to show you the background. I think it's been about a year since we've vacated a utility or an

easement. So I know several of you are new and it's been at least a year since we've done one. So, kind of wanted to refresh everybody's memories on how we get to where we are tonight. Any questions on that? Okay. This specific one is for a uh easement utility and travel easement out at Cedarhurst, which is the new development west of Kimble, west of Birkshshire uh between Grandmir and Anderson uh on the west side there. So, the original uh easement that we're working on tonight was this little area here. And the applicant had originally planned on building a community center there, a gathering center, gathering space that had some public parking in it, uh, and it had a utility overlay on it. Uh, after they've come back now since the plat, they've looked at the area. They're going to relocate that because it's actually in this big giant ravine here, and they may move it to the western part of the development. They may move it somewhere else. they may not rebuild it at all. Uh but they've asked us if we could vacate that then. So that's where we're at tonight. So again, this is the the utility and uh um travel easement as shown on the plat southeast corner of the property. Uh this is it more in detail. So again, the applicants requested a vacation easement to allow for change in site development. easements were in the plat in 2025 and now after further design, they're not going to be used. We did publish February 20th for the 20-day notice requirement. All but one utility responded that they have nothing in there and have no present or future objections. City departments have all reviewed it again as part of that matrix. And then we're having the public hearing tonight to see if there's any additional information, questions, or objections. So with that, I'll stand. I don't believe the applicant is here tonight,

but if I can answer questions, I'd be happy to. Commissioners, any questions? Thank you, Brian. Thank you. Is there any comment from the public on this matter? Seeing no one approaching the podium, we will close public comment. Um, may we have a uh motion for this item? I move to approve ordinance number 7816. Keep going. Vacating.

Vacating a portion of the public travel and utility easement located on lot one, block A, Cedarhurst. Thank you. Second, Chelsea. Commissioner Morrison. Yes, Commissioner Von Lentil. Yes, Mayor Adam. Yes, Commissioner Mcola. Yes, Commissioner Fox. Yes. Motion carries five to zero.

Thank you, Chelsea. Uh we will now move on to the second item that is part of this hearing tonight to consider approving ordinance number 7817 vacating a portion of the platted front yard setback line of lots 7 through 19B Western Hills unit 3.

Good evening. Stephanie Peterson, director of planning and development. Uh we have another vacation for you. This time it's for a front yard setback. Uh so these lots are located just north of the intersection of Kimble and Little Kitten Avenue. Um the petition it had the um I think it was four different pages of the lots just because there are so many there. But it is just for the um platted front yard setback. The other setbacks which would be a sideyard, a rear yard, those were not platted. And so the applicant or the property owner is requesting to vacate that setback uh via ordinance. Are there any questions?

Stephanie, did we just consider some We just considered something very similar. It was we did two Yeah, two weeks ago you had uh the same request before you. That was just for one lot at the time. Um these lots are all owned in a common ownership. So that property owner is coming in with all of them at once. And how many lots are there? Uh I believe there are 24. Is this the um M MI MH project? These are the same lots that that Yes. That that grant is on.

Commissioners, any questions on for Stephanie on this item? Um, a lot of utilities are being put underground now and telephone particularly and is there any need to kind of look forward into the future and say, you know, this should be a public right away or I mean what do we do about that?

Sure. So, there's already platted rightway that isn't being changed. The set the front yard setback is just a building setback line. So, um the and there's no utility easement along the front yard that I'm seeing. So, it's just allowing those houses to be uh built closer to the ride ofway. Uh right now, this platted front yard setback is 25 ft. Um they would be able to be as close as 15 except for the garages would have to be no uh no closer than 20 feet. Okay. I just, you know, things are sort of changing as far as utilities and we're seeing more and more even in the center of town going, you know, underground and I didn't know if that was

a feature that we had to think about. Yes, we have a 30. Looks like that says 30 foot right ofway to the center. No, the is that right, Brian?

Seeing no other further questions from the commissioners, do we have a motion for this item? You'll need to do your public hearing first. Mayor, sorry. Good evening, everyone. Was there anyone who would like to make public comment on this item? Seeing no one approach the podium, we will close public comment. Commissioners, do we have a motion? Uh, move we approve ordinance number 7817 vacating the platted front yard setback line of lot 7 through 19B, Western Hills. Second. Oop, sorry. Second.

And uh, Chelsea, would you please call the role? Commissioner Von Lentil, yes. Mayor Adam, yes. Commissioner Mcola, yes. Commissioner Fox, yes. Commissioner Morrison, yes. Motion carries five to zero.

Thank you very much. Thank you, Stephanie. Um, this closes our public hearing and we will now move into our general agenda for the evening. The first item here is to consider approving ordinance number 7818 issuing industrial revenue bonds series 2026 for BBX LLC's the press project located at 1531 Yuma Street and authorize other related documents and actions. Uh before we begin, I'll just note that we have Sarah Steele with us this evening virtually. Uh she's with Gilmore Embell, our bond council. So if there's any questions, um she offered to be in attendance uh at the meeting to to answer those. Um we these the ordinance for the sales tax exemption bond issuance, those typically are on consent agenda, but we have not uh done one of these in a while, and actually I've never been through one. So, we thought it might be good to kind of run through what the whole process looks like. Um, so when we have uh industrial revenue bonds and there's a sales tax exemption, here's kind of the process of how it works. We receive an application from the property owner, from the developer. Uh, when it's a commercial project, we hold a work session with the commission. We gauge your interest. Is this a project that you want to provide a sales tax exemption for? If the if the commission were to signal that that is something that you're interested in, we then work with bond council and specifically Sarah uh they draft a resolution of intent to issue those IRBs. Once um that the commission has taken action on that resolution, then the applicant or the owner, they work with bond council and the state to get the exemption certificate issued. Uh then we go through or not we the developer goes

through the project construction and at the completion of that project then the developer will certify all of their costs to bond council. And so that's what just occurred with the press project that is before you this evening. Um and we are at this this second to the last stage where we um have an ordinance for you authorizing the issuance of the IRBs and then bond council will work with the applicant to actually uh to work through that that process. Um I will just note that we call it a bond issuance. There's no money that actually exchanges hands. Um and if you would like further elaboration, I'll throw it to Jason or to Sarah to to walk through that. Uh this is just kind of a snapshot of the projects we currently have out right now that there's already been a resolution of intent to issue the IRBs. So you can see the residential projects that are out there and then the four commercial projects that we still have um the same process to go through. So they have that resolution, but we would still need to come before you for the ordinance to actually issue the bonds once these projects are completed. And with that, I would be happy to answer any questions or Jason or Sarah could as well. So, to be clear, these bonds likely will never be issued. It's just mostly for the sales tax exemption.

Yeah, it's a way for um it's a way for the developer to leverage the city's sales tax exemption status. Is that a fair way, Commissioner Fox? I would just add it is not likely. It is absolutely certain bonds will not be issued there. Actually, the bonds are issued. However, the consideration that the BBX in this case that owns the project, uh, the consideration they're paying is what they've already put into the project. So, we don't require any additional funds to be paid for the bonds at the closing.

Commissioners,

is that clear? I I get tutored on bonds about once a month by Jason. So, u maybe a little bit ahead of you all, but uh it's kind of confusing. This this entire stack pertains to issuing this nonbond. So, so are there any other questions? Okay. Um, I would just interject that I did attend the opening of the press last week. Um, and it I think it's going to be another good asset for our community. They've taken a retired 1940s era factory building and there it now hosts an event space, um, a church, batting cages. there's there's some real images you can put together there with what you might do in that space, but um I think it'll be an economic generator in terms of concerts and um uh other other events that they have there. Actually, that makes me think of a question. Given that they have a church occupying part of that space, is the square footage or uh modified in terms of paying property taxes.

I do not know how the county does that. It would depend on what agreement uh the property owner has with the church. If the church is leasing that building, then it is still taxable because if they're paying rent because the property owner is still collecting um rent on that. So, it would depend. Um but likely having church once a week does not impact their taxability. Great. So, just to be clear, this does not in any way affect the property taxes on the president. No, this was the sales tax exemption on the construction related materials. I guess just for clarification, if we didn't pass this, what would happen

if you did not pass it? Yes. Uh we they would have to pay back all of their Oh, Sarah, do you want to answer that? I defer to Sarah.

Certainly, that's fine. Um I I will add that in July July 16, 2024, uh the commission at that point in time did adopt a uh resolution of intent to issue the bonds and to grant the property or I'm sorry sales tax exemption. We take that then and go to the department of revenue and obtain their sales tax exemption certificate. So the developers of BBX um that have developed this property have done so really in reliance on that action. So I would urge you to please strongly consider um going ahead and approving this. It's uh it's it's complete. So, um there's no more impact on the city at all.

Sarah, if if the commission did not pass the ordinance this evening, would BBX have to pay back the sales tax that they did not pay? That's that's theoretically the the consequence of it. I say theoretically because I've not seen a lot of enforcement in that regard. Thank you, Stephanie. How much sales tax are we talking about?

Uh, the project was for 200,000 or sorry, $2 million. Uh, so maybe 200 less than $200,000. I Sarah, do you have that number in front of you? I I do not have the exact number and I apologize, but I do believe that it is in the range of $200,000 of savings on the project. Okay. Thank you, Larry. Anything else? Well, I was going to say I thought a million of that was just the purchase of the property, but

Yeah, I think you're notic I think you're closer to the $100,000 figure here. Usually about half the project is taxable and it roughly 10% of that would be 100,000. Oh, you're right. Yeah. So, actually on on renovation, labor is charged sales tax. So, it it may be a slightly higher. I believe that Mr. Richards reported that it was closer to 200,000 of savings because of the labor costs.

Yeah, that's that's a distinction that we oftent times have to bring forward if it's a property that you know they're building on vacant ground. You don't have it doesn't qualify for that labor, right, Sarah? So, the the labor comes into play like the wear and property renovation. they would most of that service those subs would have to charge a sales tax and this would qualify as an exemption. So I haven't seen the total numbers. We typically take it in half and take it times 10%. That uh we may have those in the materials that bond council sent. If that's something you want me to go look up, I can.

Well, we've we've not sort of given that number much hearing in the past and so maybe in the future be a good idea. Sure. I don't have a, you know, good idea of what we're talking about, but we did, um, in 2024 agree to this. So, I I don't think we're going to back.

My inclination is, although we may not be obligated by previous actions, this board commission, it would be inappropriate at this point to say we've made a not a good decision in hindsight. But I think it's a fair warning to us what we do in the future as we develop these agreements or make such grants what the consequences are down the road. So once we're ready, I'd be happy to make a motion to approve it.

Oh, I'm sorry. Thank you all. I'm going to make a big sign for myself. Is there anyone in the audience who would like to make public comment on this? All right, I will close public comment on this item. Commissioner.

Madame Mayor, I'd move at this point that we approve ordinance 7818 issuing the industrial revenue bonds series 2026 for BBX LLC, the press project located at 1531 Yuma Street and authorized other related documents and actions. Second. Thank you both. and Mayor Adam. Yes. Commissioner Mcola, yes. Commissioner Fox, yes. Commissioner Morrison, yes. Commissioner Von Lentil, yes. Motion carries five to zero.

Thank you, Stephanie. Um, are you walking us through the next one as well? All right. Uh, we'll move on to item B on the general agenda. Consider approving ordinance number 7819 amending the KState Credit Union planned unit development.

Uh yes, you outlined the the topic here. Um on the site or on the site plan that you see, the KState Credit Union that we're referencing this evening is just north of McCall Road. Um, when a lot of our older PUDs were set up, the establishing ordinance was very detailed, uh, including the types of signs that you could have within it. Our, uh, more recent practice has been to, uh, really outline in the ordinance what the, uh, the the permitted uses are, like a zoning district would be, and then to defer to the final development plan for all of the sign types and, um, and requirements such as that. So, that's what the ordinance is doing this evening. It's um saying that signs will no longer be controlled by the establishing ordinance and that it'll defer um to the the final development plan uh for any any sign type. Are there any questions? And my understanding from looking at the materials in our packet is that the signs that may go up are those still conform to what is being used on adjacent properties or elsewhere along Macccll Road.

So this is an independent PUD. Um so they kind of got to create their own sign package. Uh my understanding is that right now this is a I think it's a a time and time and weather type of um sign. they are wanting to update it to be a a digital display sign instead and then they are going to upgrade their their pylon but it is consistent with other signage that we see along that corridor. Thank you. So it just this specific sign won't be referenced in the ordinance anymore. It'll be within the final development plan moving forward. We did spend a lot of time on signage a few years back. This is consistent with what we decided.

Well, they don't they get to create their own sign package. They don't have to follow the MDC, but the a pylon sign such as this would be consistent with what we see in a community commercial type of of zoning district. Why don't they have to follow the Because they're a PUD. So when you have a PUD, you get to kind of create some of your own rules. Okay.

Commissioners, any other questions for Stephanie? Do we have any public comment on the signs for KState Credit Union? Seeing none, we will close public comment and move on to I would take a motion. I move we approve consider we approve ordinance number 7819 amending the KState Credit Union planned unit development. Second. Thank you. Chelsea, would you call the role? Commissioner Mcola, yes. Commissioner Fox, yes. Commissioner Morrison, yes.

Commissioner Von Lentil, yes. Mayor Adam, yes. Motion carries 5 to Z. Thank you. Item C on the agenda to consider adopting resolution number 031726- C to concur with K DOT's award and commit city funds in the amount of $54,000 for the city's share and approve the professional services agreement with the Kansas Department of Transportation and Olsen Inc. for construction inspection services for the Fort Riley Boulevard sidewalk gap project PD2201.

Thank you. And Director Johnson is here.

Good evening, mayor, commissioners. Brian Johnson, director of public park, city engineer. Uh this is Fort Riley Boulevard sidewalk award which uh Commissioner Fox mentioned a couple weeks ago. So we got it to bid and we've got pretty good bid number. uh came back from Kad and this is the concurrence to award. So if you approve this tonight, we'll move forward to construction. We anticipate construction probably this fall in August. Uh that was the time frame that KOT thought that they would get the contractor here to start construction and it' probably go through better part of the winter. So with that uh again this location was number one priority project in the bike master plan for as long as I've been here 20 years. uh public works applied for a transportation alternate grant in 2022. Grant was awarded in 2023 for 1.193 million. Again, originally the grant was about 800,000. Uh Kok came back to us and said, "Hey, we're seeing some significant pricing inflation." So, city, if you want to keep moving forward with the project, we'll go in 8020 with you until the end of the moon. And that's what we did back in 2023. Uh design started, easement secured, bed bid letting was scheduled uh fall of 2025. Again, Kat offered the increase in the award project bid at 2.22 million. Uh our responsibility that is uh 20% plus inspection, so 504.

Again, just a quick uh sheet. I'm sorry, may I interrupt for a second? Yes, absolutely. Um, is this the project for which uh the Flint Hills Wellness Coalition or someone like them obtained a grant? Yeah, it's in here. And it is that going to the city's portion? Yes. Thank you.

Yep. Um, so just a quick plan sheet again, not only is this the sidewalk that goes all the way from Yuma down MLK Jr. and then west towards Westwood. It also rebuilds this intersection, gives us a crossing across this island. There's no crossing there now. Uh there's pedestrian heads and you can walk, but there's a big island there with a big curb, so it's not ADA compliant. Then you come down onto the south side of Fort Riley Boulevard and that's not ADA compliant either. And then it goes all the way west. Uh we actually added some sidewalk now to get us over to the Fairlane area. We get quite a bit of comments about there's no sidewalk going that way. So, this will also include that. Again, KOT is paying for 80% of all of those improvements. Uh, with that, oh, I thought I had a slide in here. It was in your memo packet, Commissioner. Uh, $100,000 Sunflower grant went to this, which bought down our our share. Our share was 604 minus that 100,000 now down to 504. split between special street uh maintenance fund, our 5% that we told the voters we would spend on safe routs to school and through the trails through park and arc trails. So that's how we're going to fund it.

Thank you. Any questions? So this has been bid. It has been bid. This is to award the contract. Okay. Because you and I earlier talked about the fact that oil is now $100. Yeah. I'm glad it bid last month. Okay. this month that number would be I'm sure it would be substantially higher. So we can look forward to next fall for Riley Boulevard being down to one lane each way.

It well not each way but it will be down to one lane for westbound uh for quite a while probably you know few months. Uh the Milan overlay just down the street from here uh Westwood to Palisa that actually goes to bid next month. We're hoping to get that done in June and July so we can get out of the way for this. That was another K Dot grant we got $400,000 $500,000 grant we got from KOT. So you know in this corridor between MLK and the bridge we've got over clear of two close to $2 and half million dollar in grant money in the last year. Commissioners, any other questions?

Any questions for director You've heard me say this. Is there any comment from the audience from would the public like to make any comments on this action?

All right, we will close public comment. Chelsea, can you call the role? Oh, sorry. May we have a motion. I would move we approve resolution number 031726 C to concur with K DOT's award and commit city funds in the amount of 504,000 for the city share and approve the professional services agreement with Kansas Department of Transportation and Olsen Inc. for construction inspection services for the Fort Raleigh Boulevard sidewalk gap project. Thank you. Second, Chelsea, would you call the role, please? Commissioner Fox, yes. Commissioner Morrison, yes. Commissioner Von Lentil,

yes. Mayor Adam, yes. Commissioner Mcola, yes. Motion carries five to zero.

Thank you. Uh, our final item on the general agenda is to consider authorizing an increased construction cra contract with BHS construction in the amount of $96,166 for the Sec Park Improvements Project PR 2320 uh WA2406 and SW2411 for completion of PL PL playground fencing and safety netting for the steel and pipe supply ballpark. Take it away, Bryant. Aaron.

Uh, thanks again, mayor, commissioners. Um, at Steel and Pipe Supply Ballpark um in December 16th, we the commission approved um a playground purchase for $250,000. Um that equipment had a large lead time. We approved it at that meeting um to put into the northeast corner. And on the next slide, I'll kind of show you location. Um so this is now the protective netting and fencing that goes around that playground. Um this is a GMP ad. The playground was outside the GMP because it was ordered directly from AB Creative. uh BHS and their subs would be completing the work that's in front of you. Uh which is to add fencing and uh netting up to 20 feet tall um over the playground. Uh again, this is safety netting. It would increase the overall uh phase 2 GMP from 16,410,670 to 16,56,836. Um this would be funded out of the uh wreck and trails fund which is the 0.25 quality of life sales tax. Um um the current balance that we talked about at the end of the year was 430. This would reduce that balance to 334204 and it's projected balance. Uh again for those that weren't aware this is the playground that was ordered. This is the location. Uh right here is kind of Kimble up here. This is the north end of the park. Um, this is Gatorade Field or what people would have known from the old ballpark as Blue and then the new uh uh uh Northwest softball field. So, it's located in between those two areas and I would suggest that that netting is pretty important for safety um because there will be plenty of foul balls that land in that general direction.

Aaron, you just referred to the ball field as Gatorade Field. Is that another uh sponsor or naming up? Yeah. Yeah, we approved that back with the Pepsi contract. I actually think that might have been one of the commission's first that might have been the first this commission's first meeting. So, uh it is in fact Gatorade Field. Thank you. I didn't recall that. But yeah, it was it was with the renewal of the Pepsi contract because that was Oh, right. I do I do. So, thank you. So in the presentation for the playground equipment, there was a a statement that listed site work, princes, poles, and safety netting will be completed within the GMP budget using contingency funds.

Yeah, we anticipated that it it exceeds the existing contingency funds uh at 99,000. So there was $65,000 I think uh left. Uh so we fell short of that. Um there is still some construction obviously to do, although we don't anticipate a whole bunch more over at uh the tennis complex um because that's significantly smaller in complexity. Um but that would leave that would leave at least some available in case something comes up over there that we're not anticipating. When they approved the purchase of the playground, nobody thought about worrying about fencing and netting and safety.

Therefore, it wasn't part of that. We did. We did not have those numbers at that time. I have a general question regarding the GMP. Back when it was approved, there were six alternates identified in the GMP. Warm-up area, overhead netting, bleacher shade, rooftop deck, rooftop shade, and elevator. And looking at the facility out there, it looks like a lot of those things were done. Correct. But I don't see where any of that was ever approved to add. I mean, there was $2 million worth of alternates there.

Um, I sorry, I don't have the exact date, but there was that that was approved. The alternates were approved. It went with the school district when we had that. It there was a GMP revision. Those alternates were listed in there as part of that revision with the dugout upgrades. with that the one item that was an alternate that wasn't on that original list was the playground.

So in the GMP there is an alternate allowance of 665,000 but these items total $2 million plus. So that's that's an increase of the GMP of a million4. I I don't see that that's reflected in the numbers you've you've given us. So I just I'll have to look further into that because this seems like it.

Let me go back to the GMP with all six alternates I calculate is 17,900,000 or so with this item tonight. Sorry, let me.

So during amendment number one, this is the first amendment. So those items were separate from the six that So this was the first increase in the GMP, right? Yeah. That took us to 164, which is where we were at. And tonight we would move that up by which all those items are totally separate from the six in the original GMP. There's no rooftop deck or so. I'm sorry, ask that question again. I don't think I'm quite what you're asking. So, the six original items like rooftop deck, rooftop shade, elevator. Yeah. I mean, that's none of these items, right? Bleacher shade.

So, the the rooftop these are in addition these are alternates in addition to the six. Yeah. And yes, those were approved. Yeah. So, are you talking about I'm saying we somehow if all those things were done, we increase the price a million4 the GMP by a million4 with completing all those items. Well, so some of those items were completed with the existing GMP, the original Well, what would be the 16.4? Yeah. So, well, we don't need to get into that now. I mean, my point is all six of them were built. They're all They're all there. So,

correct. Okay. Since we're considering um another um sales tax for sports and recreation and that kind of thing, probably be good if we could have um an extensive readout of what we spent that half cents on since 2017 or whatever. Um you know, just for all of us to look back and see how much money came in, how much money went out, and what it went for. We don't have to have it tomorrow or anything, but I think that would be a good idea. I

believe we provided that in the folder item. Okay.

Commissioners, any other comments? Uh this this pro this part was going to be open to the public all the time, right? Yeah. So the uh the warm what the warm-up area which is the batting cages and the uh five um pitching tunnels um as well as the playground generally speaking when there's not, you know, tournaments, games would be open to the public. Okay. And then just kind of I guess are the lights usually staying on at night or they just coming off? Uh so there's security lighting out there. Um, for the warm-up area, there's actually a push button that you can kick the lights on, uh, to use that area when it's dark. And then, of course, we've got a hard shut off at 11:00.

Cool. Someone actually asked me about that recently, whether um, the lights stayed on all night and whether we needed to have some more energy savings by reducing that.

So, the good thing is they're LEDs and they don't require a lot of energy. Yes, they they were testing uh the normal um they'll operate during events and on a schedule. The exception being the warm-up areas is kind of just like tennis is where you you know it's user based um unless we're out there. And um um so yeah, they'll the nice thing about these is they're basically like a light switch, so they don't take time to cool down or warm up. You just flip them on and off if you wanted to. Thank you, commissioners. Any additional questions for Director Stewart? Is there anyone in the audience who would like to make public comment? Seeing no public comment, we will close. I will accept a motion for this item. move that we approve authorizing an increased construction contract with BHS construction in the amount of 96,166 for the seco park Improvements project PR23 2320 WA2406 SW20411 for completion of playground fencing and safety netting for the steel steel and pipe supply ballpark. Second. Chelsea, once more, will you call the role, please?

Commissioner Morrison, yes. Commissioner von Lentil, yes. Mayor Adam, yes. Commissioner Mcola, yes. Commissioner Fox, yes. Motion carries five to zero. Thank you all. Um, that concludes our general agenda. Um, Manager Dulan, do you have any remarks for us tonight? I do not this evening. Thank you. Happy St. Patrick's Day. And to you. I move it ajourn. Second. All in favor, please say I. I. Thank you everyone.