City Council - Regular Meeting

Okay, it is 7 o'clock in Gardenner, Kansas. Call the meeting to order. Please rise and join me for the pledge of allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Good evening everyone. I do believe we have uh Mark, one of the marks, Mark Wayne, uh Councilman Wayne, joining us via Zoom. Is that correct? I am here.

Welcome Mark Ween. And Mark Baldin will be here very shortly. He had got caught up at work. So I will begin. We have a couple presentations this evening and I will come down and read those. Uh this first one actually the Vietnam War Veterans Day presentation. Um I was uh honored to do a welcome for the American Legion. They had a district event at in gardener on Saturday and they asked me to do a welcome and as part of the welcome I just happened to have the proclamation. So I did was able to read the proclamation uh at the welcome. So it's really nice. So I will come down and read that. Whereas more than three million servicemen and women served in the Vietnam War between 1964 and 1975 represent a generation who exemplified the very meaning of courage, bravery, honor, and sacrifice. And whereas on March 29th, 1973, the last American troops were withdrawn from the battlefields of South Vietnam, thus ending one of the longest conflicts in our nation's history. And whereas more than 4,000 members of the Kansas National Guard were mobilized for the Vietnam War. And whereas in the quarter century since its unveiling, the Vietnam Memorial has paid eternal tribute to the more than 58,000 US service members who made the ultimate sacrifice in combat or remain missing to this day. And whereas of the names listed on the Vietnam Memorial Wall, 627 are from the state of Kansas. Whereas Vietnam Veterans Day is an opportunity to honor the heroic accomplishments of service members who gave their lives and all those who served our country during the Vietnam conflict. Now therefore, be it resolved that I,

Todd Wy, mayor of the city of Garden, Kansas, to hereby proclaim March 29th, 2026 be designated Vietnam War Veterans Day. And I encourage all citizens to participate in associated events that honor Vietnam veterans on this day. And the next one then would be for first responders wellness week. Whereas first responders including law enforcement officers, firefighters, emergency medical services, EMS personnel, 911 dispatchers, correctional officers, and members of other organizations in the public safety sector come together to protect and aid our community in the event of an emergency. Whereas first responders risk their life and safety every day in performance of their duties to protect our citizens. And whereas first responders are tasked with handling dangerous and complicated situations. And whereas nationwide law enforcement officers will go through an average of 188 critical incidents throughout the course of their career. Whereas first responders often experience stress that have real physical impacts, including cardiac issues, diabetes, obesity, and sleep issues. And whereas first responders are up to 25.6 times higher risk for developing post-traumatic stress disorder when compared to individuals without such experiences. Whereas first responder wellness includes management of issues including but not limited to sleep, fitness, nutrition, fatigue, anger management, post-traumatic stress and loss. And whereas we recognize the intrical role first responders play in our communities and the benefits derived from their hard work, commitment, sacrifice, and unhesitating dedication. Whereas research shows that fostering a strong wellness culture inside first responder agencies enhances relations within the community they serve. Now therefore be it resolved that I Tom winners mayor of the city of Garner

Kansas to hereby proclaim March 23rd 27th through the 27th 2026 as first responder wellness week there's someone here. Thank you sir. Welcome Mark.

Hello. All right. So, we will move to public comments. Members of the public are welcome to use this time to make comments about city matters or items on the agenda that are not part of a public hearing. If you wish to come forward, please limit your comments to five minutes or less. There is a fivem minute time clock on your left. That being said, come forward. State your name and address for the record. And the podium is now open. See no one coming forward. We'll move to consent agenda. Is there an item on the consent agenda council would like to remove? Do I hear a motion to approve?

So moved. Second. Motion McNair, second Johnson. We approve the consent agenda. All in favor?

All opposed. Stain. Consent agenda passes. Uh no planning and zoning consent. No committee recommendations. No old business. We'll move to new business. New business item number one. Consider adopting an ordinance to update the city's access management code. McDenny. Yes, sir. Good evening, Mayor Council. So, um yeah, in 2012, we uh created our access management code and the general purpose of it was to help us with developers primarily just to establish criteria for how many access points they could have, what spacing need to be, the geometric considerations involved with it. And we've been using the same one ever since. Still works really well, but we just needed to make some minor tweaks to it. Um, you can see really the the three bullet points I've listed there are the most significant changes and probably the most significant change is just to include a a section on roundabouts. Uh, we are proposing that we would um our our preference is that anytime collectors we have a collector versus collector intersection that it would be a roundabout, but we're not mandating it. we would want to start at that point where where that's where we're shooting for and if it for whatever reasons if that's not the appropriate place we would not force it to go in there and then there's just other guidance on more of the specifics um about a roundabout and better included it in here but really that's that's kind of the gist of the changes and be happy to try to answer any questions anybody might have.

Okay, thank you. Uh, is there any public comment for this item? Council, do you have questions about this? Yes, sir. Just want to know why why the preference for roundabouts?

Well, it they they serve um several purposes. First of all, they're more a safer intersection than a four-way stop. And they move traffic more efficiently, and they they have the additional benefit of they they kind they can provide a calming tra um traffic calming benefit. So, if you have especially on a long stretch of road like we typically have on collectors, that in the middle will break up the traffic and tend to slow traffic down at the same time. Thank you. comments or questions have one. Oh, yes. On the ver the first bullet point,

have we had a good example of on an arterial where we wouldn't want a right turnway? Yeah. So um so again previously was just we we worked the other direction where the code said thou shalt have one

and if if their traffic study was able to prove to me that it wasn't necessary we would we would back off that and not require it. So there there are instances where there's just not enough traffic volume that it's needed. Um I think in most cases on an arterial we would be requiring it. But but again, it all comes down to really what's the volume of traffic and that's it and there's there's quite a bit of I mean there's a lot of text in that section to add to it. A lot of calculations that their engineer will need to to do. A lot of it is based on the the volume of traffic. Okay. I mean I don't have a problem with the change. It's data driven. That's fine. I was just curious if we had a particular case there. Okay. Yep. Motion then.

So moved. Second. Motion Deon, second McNair. We adopt ordinance number 2873 updating the city's access management code. Council member Johnson, yes. Council member McNair, yes. Council member, yes. Council member De, yes. Council member We Ordinance number 2873 passes. Thank you. Thank you. Uh, new business item number two, consider adopting a resolution to authorize the issuance of refunding revenue bonds by Kansas Municipal Energy Agency, KMEA, for the Dogwood Energy Center project and also to authorize certain other documents and actions in connection with issuing new bonds. Mr. Hunter,

good evening, mayor, council members. Thank you, mayor. This evening to give you an opportunity to save the city a little money. That's great. We appreciate tech. Technically, we're looking at about a $918,000 savings by renewing these bonds along with the other communities that participate in the Dogwood uh power plant generation facility. This is kind of managed, excuse me, kind of managed right now with KMEA. It's a unique opportunity to come in and refinance these bonds, save the community a little bit of money, and save us some money on our project that we have with uh the Delvewood facility. If any of you have any questions, I'd be glad to try to answer those.

Sure. We'll open up public comment if there's any questions or council had a couple. Yep. What was uh what drove the refinance? Was that part of the was it kind of an overage of the overhaul of the dogwood facility? No, it was just an opportunity with the interest rates. U it's just like similar to refinancing a home. somebody comes knocks on your door with a little better deal, you take an opportunity to look at it and take advantage of it if it's there. Does it obligate us for a longer period of time?

Nope. The terms of the bond, the terms of the new bond will be exactly the same terms as years wise as the existing bonds that we have now. Excellent. Thank you.

Other questions motion. So moved. Second. Motion D and second. Baldwin. We adopt resolution 2189 to allow KM MEA to move forward with the refinancing of the Dogwood Energy Center bonds. Council member McNeer. Yes. Council member Baldwin. Yes. Council member D. Yes. Council member Wing. Yes. Council member Johnson. Yes. Resolution 2189 passes. Thank you. Thank you. Business item number three. consider adopting a resolution approving the execution of a funding agreement related to a proposed economic development project located within the city velocity arts development project. Mr. Wolf,

good evening. Mayor, city council. The developer has requested the city review and analyze the request for certain incentives for a mixeduse development on a property generally located west of I35 and north of 175th Street. Proposed funding agreement allows the city to retain outside counsel and consultants and to incur expenses to evaluate the proposed project and to ensure that they are in the best interest of the city. We'll also conduct financial due diligence to ensure protection of taxpayers. The applicant is responsible for all reasonable costs associated with the valuation of the proposed project and will reimburse the city for those costs. The city will receive an initial deposit of $60,000 for the applicant to pay for the legal and consulting fees. It is staff's recommendation that you adopt the proposed resolution.

Thank you, Matt. Is there any public comment? Council, do you have any questions or comments? Just one. Should we go over the 60k limit? Do we get reimbursed? Yes. This is considered an initial deposit. So, if we basically cross that threshold, we'd basically ask the developer to make a dollar for dollar after that. I mean, it's always going to be uh we'll see reimbursement for all expenses occurred. Okay. Good. Thank you. No other questions. We'll take a motion. So moved. Second.

Motion date and second Johnson. We adopt resolution number 2190. Resolution of the city of Garner, Kansas, approving the execution of a funding agreement related to a proposed economic development project located with the city velocity arts development project. Council member Goldwood. Yes. Council member De. Yes. Council member W. Yes. Council member Johnson. Yes. Council member McNair. Yes. Resolution 2190 passes. Uh, new business item number four, consider accepting voluntary annexation with landowner consent.

This this is a voluntary annexation of a series of parcels near 167th and Clare Road. Uh, these annexations will help facilitate a plan development in that area. um taken together. Um these parcels are um will build a continuous track that connects to the city. Recommend accepting the voluntary annexation agreements and consent requests for the property owners identified within and adopt ordinance number 2874 comments. Council, do you have any questions?

Motion moved. Second motion date and second Baldwin. We accept the voluntary consent annexation agreements and consent annexation requests from the property owners identified within and adopt ordinance number 2874 an ordinance annexing land to the city of Gardner, Kansas. Council member De. Yes. Council member W. Yes. Council member Johnson. Yes. Council member McNair. Yes. Council member. Yes. Ordinance number 2874 passes. Um, new business item number five, consider accepting voluntary annexation with landowner consent.

This is a voluntary annexation of a single property that's just south of 167th in Kill Creek. The land is is um next to or adjacent to city- owned property. recommend accepting the voluntary annexation agreement from the property owner and adopt ordinance 2875 questions from public council. Any questions? Um do a motion? So moved. Second. Motion deed and second Johnson. We accept the voluntary consent annexation agreements from the property owner identified within and adopt ordinance number 2875 an ordinance annexing land to the city of garter Kansas. Council member Wink.

Yes. Council member Johnson. Yes. Council member McNair. Yes. Council member Baldwin. Yes. Council member D. Yes. Ordinance number 2875 passes. Thank you everyone. Okay. That concludes regular business. We will move to council updates. Um start please Mr. Herren. Uh thank you Mr. Mayor. I don't have anyone has any questions. I have nothing wealth finance.

Attorney Jason. Noates for me. Mr. Okay. Uh we can start with um Council Member Wing. Uh nothing for me tonight. Council member Johnson.

Yeah, just real quick, I want to take a moment um to acknowledge the members of our immigrant community here in Gardener. Many of you are our neighbors, our co-workers, and small business owners. Your kids attend school with our kids, and you help make the city the community that it is. Gardener's always been a place where people come to work hard, raise their families, and build a better future. And that only works when everyone feels safe participating in everyday life, going to work, sending their kids to school, reporting crimes, and seeking help when they need it. I know that some families in our community are feeling anxious right now. Strong communities depend on trust. Trust that neighbors will look out for each other and that local leaders will listen when residents raise concerns. So, to that end, I want all of our immigrant neighbors to know that you're seen, you're valued, and your voices matter. Listening to our neighbors and treating everyone with dignity and respect is essential to keeping Gardner a strong and welcoming place to live. And I'm committed to doing my part as a council member to ensure that every resident feels safe, heard, and respected.

I have first off, mayor, thank you for the presentation on Vietnam veterans. Uh as a Marine Corps veteran myself and son that served in sandbox overseas. U just want to say I served from 197682. I served with many of these guys and I can tell you that they did not get the respect of our nation when they returned. They were spit on called baby killers and every other kind of insult possibly that you could ever imagine. These men and women were not respected in the way that they should be. Absolutely.

Um, similar. Thank you for the Vietnam veterans proclamation. I'd like to say thank you for your service to all Vietnam veterans and welcome point. Council President, I would just like to say thank you for their service that goes for all veterans, but In spirit of tonight's proclamation, especially Vietnam veterans, that's all I have. Okay. Uh I have nothing further as well. So I will entertain a motion to adjurnn. So moved. Second. Motion Deon. Second. McNair. We adjourn. All in favor? All. Sorry, Mark.