City Commission - Regular Meeting

Yes, Mayor.

Great, please rise for the Pledge of Allegiance and Indication, and I will lead.

I pledge allegiance to the flag of the United States of America, and to the Republic for

Heavenly Father, please grant us the grace, wisdom, and courage to love in the way you intend us to love. Inspire the hearts in our community to lead with integrity and joy. We ask this through Christ our Lord. Amen.

Amen.

Next is the approval of minutes of the last regular meeting. Which, if no corrections are offered, shall stand approved. Are there any corrections? Seeing none, they shall stand approved. Item five is public comment. This is an opportunity for our public to offer comments to the governing body. Are there anyone here to offer comments for items not on the agenda? Okay, we will move to agenda item six.

Mayor and Commissioners, Item 6A, the Governing Body is asked to consider a petition from Crystal Martinez Rojo and Efrain Junior Estrada regarding a late application for the Neighborhood Revitalization Program for property at 802 West Fair Street.

Mayor and Commissioners. According to the Criteria for Determination for Eligibility for the Neighborhood Revitalization Program , the applicant must complete an application for the tax rebate within 180 days of issuance of a building permit. A building permit for a single-family home at 802 West Fair Street was issued on March 6, 2025. The estimated project cost on the permit was $180,000 and met the minimum investment of $5,000 to qualify for the program. The project received the certificate of occupancy on August 12th, 2025. Over the last 10 years, there have been nine late requests for the NRP brought before the governing body, and below is that complete list of those. The application request was submitted 344 days after the deadline. Your alternatives today are the governing body may approve the proposed request to submit a late application for the neighborhood revitalization program, or the governing body may not approve the proposed request to submit a late application for the neighborhood revitalization program. Staff is unable to make a recommendation as this request exceeds the guidelines of the neighborhood revitalization program. For the fiscal note, if alternative one is chosen, 95% of the increase in annual property tax will be remated back to the property owners for the next 10 years. No fiscal note is associated with alternative number two.

Alicia, is the homeowner here?

I don't believe so.

Any questions for staff? So in the letter, they kind of cited a couple different reasons. But one that I think I'm wondering is, do they have any written communication to you within those 180 days, like saying, hey, our developer, this is what's happening, x, y, and z?

So, no, we didn't have any communication with the new owners. So they weren't the owners of the property at the time that the application was filled, the builder, which is not uncommon. But I couldn't speak to if the builder had this conversation with the future buyers or when kind of they started their conversations.

So at the time the property owners were the builders. Correct. I see. Any further questions? I'll entertain a motion for this item.

I make a motion that we not approve the proposed request on the late application for the neighborhood revitalization program. There's been a motion.

Is there a second?

I second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay.

Nay.

Motion passes.

Thank you.

Item 6B, the governing body is asked to consider and approve a request from the Garden City Fire Department to waive code section 62-15 unlawful solicitation to allow for department personnel to collect donations from the Muscular Dystrophy Association fill the boot drive on September 19th, 2026 from 9 a.m. to 3 p.m.

You're the new Mayor and Commissioner? Yes. The Garden City Fire Department would like to participate in fundraising efforts for the most interdisciplinary association with the Philiboo Drive. This historically has been very successful in our community, dating back to the 1970s and one of the many ways the department involves itself in the community. This year's event will be held Saturday, September 19, 2026, from 9 a.m. to 3 p.m. Firefighters will accept donations at the following locations, Kansas Avenue and Fleming Street, Walmart Supercenter, Shulman Crossing Shopping Center, and Fallfest Downtown. Waiver of Code Section 62-12, unlawful solicitation is required as the Garden City Fire Department employees will be soliciting donations in the city road right away and entering public streets. Code 62-15 prohibits solicitation with the result in individuals entering public streets and results in interference with orderly flow of traffic. The waiver of 62-15 is being requested of the City Commission at this meeting. Alternatives before you, the governing body may approve Code section 62-12 unlawful. Unlawful solicitation for the Garden City Fire Department and personnel at the intersection of Kansas Avenue and Fleming Street, Ball Fest in downtown Garden City, Walmart Superstore, Showman Crossing, Shopping Center. Alternative 2, the government body may deny the recourse of the waiver. The recommendation staff recommends the waiver be approved. No fiscal note this time.

Just for clarification, our agenda item says 62-15. Is it 12 or 15? Does it really matter which one?

Sorry about that. 62-15 should be solicited in the streets, and we're asking for a waiver.

Okay. I make a motion that we approve code section 62-15 for the fire department personnel at the intersections of Kansas and Fleming, Fallfest, downtown, Garden City, also the Walmart Supercenter, and as well as Schumann Crossing Shopping Center. Is there a motion?

Is there a second?

I second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes.

Thank you.

Good luck.

Mayor and Commissioners, item 7A is a monthly report on sales tax. Item 7B, to advise you that in February of 2026, the Department of Commerce reached out to staff and elected officials of Kansas communities, advising them of the state nomination process for recommending eligible census tracts to the US Treasury for inclusion in the 2.0 version of Qualified Opportunity Zones. The original program was created by the Internal Revenue Service under the Tax Cuts and Jobs Act of 2017 to spur long-term economic growth and job creation in economically distressed neighborhoods and census tracts. The program allows for investors to contribute eligible capital gains into a Qualified Opportunity Fund that is structured as a corporation or partnership holding at least 90% of its assets in Qualified Opportunity Zone property. Funds can be used for commercial real estate, industrial property, housing, infrastructure, and local businesses. The benefit to the investor is the capital gains deferral, and if property is held for 10 years, new capital gains and appreciation become tax-free when sold. This could be a powerful tool to attract investment in one of Garden City, Finney County's growth corridors. The state has had to reduce the number of eligible zones from 74 in the first version of the program to what they identified as around 53. in the 2.0 version of this program. Therefore, we are grateful that our tract that we proposed earned a preliminary endorsement as one of the around 53 from the state and is being forwarded to the U.S. Treasury with tentative approval, which allows us to start marketing the property as such. So congratulations to The team that worked on that, Development Corporation, county staff, and city staff. So, good news. Great news. Good news for us. Meetings of note, item eight. Any of those requiring RSVPs, please let the city clerk know. And did we want to give them the tentative date for the league, or not the league, the Southwest Kansas Coalition meeting as well? I think we know that now. Even though we don't know the location and specifics, it'll be Dodge City.

It'll be liberal on October 22nd. Tentative start time is 6 p.m., and that's generally about a two-hour meeting, but don't know the exact location of that quite yet.

Item 9 is the appropriation ordinance. If approved, it would be appropriation ordinance number 2618-2026A.

I move to approve Appropriation Ordinance number 2618-2026A. Second. This is in motion. Second. Any further discussion? Seeing none, all those in favor say aye. Aye. Those opposed? Motion passes. And just a housekeeping note here, I will step down for item 12G, and in that event, Commissioner Landgraf will chair that item.

We've got a bit before we need to come back to 10A. So if it's all right, we'll do 10B. The governing body is asked to consider and approve a resolution to designate the future community garden townhomes as a reinvestment housing incentive district within the city. If approved, it would be resolution 3224-2026. Alicia.

Mayor and commissioners, the state of Kansas passed a statute allowing cities of a certain population within counties of a certain population to offer incentives for affordable housing. Garden City meets the state's requirements and can establish such RHIDs pending approval by the Secretary of Commerce. To obtain approval from the Secretary of Commerce, the city must first pass a resolution making certain findings and determinations about the availability of housing within the city. Staff will then publish the resolution and send the required information to the Secretary of Commerce for approval. The resolution includes one potential property that was not considered in previous resolutions, known as community garden townhomes. The property is generally located at 1010 Bernice Avenue containing plus or minus 5.84 acres and the developer has begun the plotting process intending to construct duplexes. Your alternatives today are the governing body may approve the attached resolution designating community garden townhomes as a reinvestment incentive district, or two, the governing body may not approve the attached resolution. The staff recommends the governing body approve the resolution, and there is no fiscal note at this time.

Any questions for staff? I will entertain a motion for this item.

I make a motion we approve Resolution 3224-2026. There's been a motion.

Is there a second?

I second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes.

Item 10C, the governing body is asked to consider and approve a resolution establishing a date and time for a public hearing regarding a change of street name within Hunter's Glen Phase 3B. If approved, this would be Resolution No. 3225-2026. Alicia.

Mayor and Commissioners, Michael Snodgrass, on behalf of Oikos Development Corporation, is requesting to change Carpenter Avenue to Control Avenue within Hunter's Glen 3B. In order to change the street name, a public hearing must be set. The date and time proposed in the resolution are September 15, 2026 at 1.30 p.m. The request has been reviewed by police, fire, and EMS, and there are no concerns with changing the name. Currently, townhomes are being built along the street. However, they are not completed, and no certificate of occupancy has been issued. Your alternatives today are the governing body may approve the attached resolution or the governing body may not approve the attached resolution. Staff recommends the governing body approve the attached resolution and there's no fiscal impact.

Are there any questions for staff?

I mean it just said in the letter that wanted to change the name. Is there a specific reason why or?

My understanding is they have run into some issues with previous contractors that they had, and that is why they're requesting the street name change.

Okay. I'll make a motion. We approve Resolution 3225-2026.

There's been a motion. Is there a second? A second. There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes.

Thank you.

Thank you. Thank you. Item 12A needs to be an action considered after the public hearing, so it's all right. We'll move to 12B. The governing body is asked to provide direction on the selection process for the state theater request for proposal. Daniel.

Good afternoon, Mayor and Commissioners. At the July 7th, 2026 City Commission meeting, the governing body directed staff to release their request for proposal related to future use of the state theater. Those proposals were due back at 2 p.m. on Friday, August 28th. There have been six proposals submitted for consideration. The RFP indicates that proposals will be evaluated by a committee using the identified evaluation criteria. Staff are seeking direction regarding who the governing body would like to serve on that committee. OPTION ONE, THE GOVERNING BODY MAY HEAR PRESENTATIONS FROM EACH PROPOSAL AT A PRE-MEETING TENTATIVELY SCHEDULED FOR SEPTEMBER 15TH. THIS WOULD PUT THE GOVERNING BODY IN A POSITION TO CONSIDER AND SELECT ONE OF THE PROPOSALS AT THE OCTOBER 6TH REGULAR MEETING. OPTION TWO, THE GOVERNING BODY MAY HEAR PRESENTATIONS FROM EACH PROPOSAL AT THE SEPTEMBER 15TH REGULAR MEETING. THIS WOULD PUT THE GOVERNING BODY IN A POSITION TO CONSIDER AND SELECT ONE OF THE PROPOSALS AT THE SEPTEMBER 15TH MEETING OR THE OCTOBER 6TH REGULAR MEETING. Option three, the governing body may hear presentations from each proposal at the September 29th town hall meeting. This would put the governing body in a position to consider and select one of the proposals at the October 6th regular meeting. Options four and five, the governing body may identify staff and or community members to serve on an ad hoc advisory committee, which would make a recommendation to the city commission. THE ADVISORY COMMITTEE COULD EITHER BE TASKED WITH RECOMMENDING A SHORT LIST OF FINALISTS, OPTION 4, OR BE TASKED WITH MAKING A SPECIFIC RECOMMENDATION AS TO WHICH PROPOSAL TO RECOMMEND FOR SELECTION, OPTION 5. Once the ad hoc advisory committee members were named, the group would meet and hear presentations from the applicants in late September or early October and be poised to either send their short list of finalists or their selection forward for consideration at either the October 6th or the October 20th regular meeting. If option four or five is selected, staff would recommend that the governing body identify at this meeting or at the next meeting individuals or organizations they wish to have on the selection committee along with whether the committee is asked to make a final recommendation or identify finalists. There are five alternatives before you. The alternatives align with each of the five options given. Staff does not have a recommendation and there's no fiscal impact related to any of those. With that, I'd be happy to answer any questions.

Do we have anything scheduled on the 15th for a pre-meeting?

Not currently.

Okay. Have applicants been made aware of these possible presentation times?

No. I did let them know on Friday afternoon when the agenda was posted that you all would be considering this item. So they were made aware of that. Gotcha.

If we were to go with option three, where there's a town hall meeting, would it be fair to assume that that meeting would be in the evening? Yes. And so each person or each entity that has submitted a proposal would then talk about it, and then if there's people in the public, they would be able to listen? Yes. Okay.

Yeah, I think I'm personally leaning more towards a town hall meeting simply from the ability for it to be a time and opportunity which allows people to attend a little bit easier given that it's still live streamed. But I think when we have an ad hoc community, I think that makes it a little bit more difficult simply because it's still a subjective decision by the governing body eventually. And so I think removing that step where the public can be able to view these presentations would offer a lot more breadth and depth to these proposals.

I'm also in favor of the idea of doing an option three that way. I prefer it over options four and five just because we're able to get the ball rolling as well. I think trying to get together an ad hoc advisory committee by late September and then right away try to get something by October 6th, I think that's really pushing it. I think it would be more towards that late October meeting trying to do that sort of route. So I really like doing option three.

I'LL MAKE A MOTION THAT WE GO WITH OPTION NUMBER THREE OF THE PRESENTATIONS AT THE SEPTEMBER 29TH TOWN HALL MEETING. THIS WOULD PUT US IN THE POSITION TO CONSIDER AND SELECT ONE OF THE PROPOSALS AT OUR OCTOBER 6TH REGULAR MEETING. THAT WILL GIVE THEM TIME TO PUT TOGETHER THEIR PRESENTATIONS AND PRESENT IT THAT EVENING. AGAIN, I LIKE THAT IDEA OF HAVING IT MORE OPEN AND PUBLIC SO PEOPLE CAN WATCH OR VIEW OR I know our pre-meetings are open to the public, but an evening meeting, you know, you could have a lot more attendance as well. So that was my motion. Sorry, I added a little bit more to that.

There's a motion for option three. Is there a second?

I second.

There's a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes. Thank you. Please note that commission line graph is stepping down for item 12C.

Item 12c, the governing body is asked to consider and approve the material bids from border states in the amount of $448,468.86 and Resco in the amount of $153,284.73 for a combined total of $601,753.59 for the purchase of materials to complete infrastructure improvements for the Starbond Phase 2 Refinery Fields project and Thompson Point Apartments material bids.

Good afternoon, Mayor and Commissioners. Staff solicited material bids on August 3rd, 2026 for the Refinery Phase 2 and Thompson Point developments. Three bids were received from Border States, Renton House, and Resco. All bids meet the citizen specifications. Border States submitted the most cost-effective bid for the required materials at $448,468.86. Resco submitted the only bid received for the pad mount BFI switchgear at $153,284. And this is where I would like to make a note. It's actually 73 cents and not 64 cents on that. The alternatives today are the government body may approve the bids for border states for $448,468.86 and RESCO for $153,284.73 for a combined total of $601,753.59. Option two is the government body may not approve the bids and redirect staff. Recommendation, staff recommends for governing body approve the bids from Border States and Resco for a combined total of $601,753.59. Fiscal note, funds for these purchases will come from the material distribution, GL50151511-5659. This line item currently has a negative balance of $572,402.94. However, the refinery and Thompson Point developers have contributed a combined $1,430,975.52 towards the purchases of these materials through the repayment developer line item. which fully covers the cost of the acquisitions of the materials. This revenue exceeds the anticipated budget and will directly offset the unanticipated expense. And with that, I'll be happy to answer any questions.

Any questions for staff?

So one account has the money and the other account does not, but it'll offset?

That is correct.

And the switch gear, that's just a specialized item that not very many people make? Is that what I'm assuming?

Because of the specifications on that switch gear, Resco was the only one that could get us the bid in time. However, we haven't received any further bids for that switch gear.

Thank you. I make a motion that we approve the bids from border states for $448,468.86 and RESCO for $153,284.73 for a total of $601,753.59. There's been a motion. Is there a second? I second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes. Thank you. Commissioner Landgraf has returned to the bench.

Mayor and Commissioners, Item 12D, the Governing Body is asked to consider and approve appointing the existing Sales Tax Oversight Committee for the 2017 County Sales Tax Ballot issue to also serve as the Sales Tax Oversight Committee for the 2025 County Sales Tax Ballot issue.

Mayor and commissioners, in 2017, an interlocal agreement between Finney County and Garden City identified a sales tax oversight committee to meet quarterly and review the expenditures funded by the sales tax slash bond proceeds and then report annually their observations to the appropriateness of the expenditures to the ballot language. A similar clause was included in the interlocal agreement between the same agencies in advance of the 2025 county sales tax ballot issue. That issue is passed and expenses are now being incurred and ready for review by the next quarterly meeting of the existing sales tax committee. Current members of the sales tax oversight committee include Duane Drees, Chris Law, Tim Miller, Mayor Winn, County Commissioner Schultz, and Kathleen Whitley. The governing body may appoint the existing sales tax oversight committee for the 2017 county sales tax ballot issue to also serve as the sales tax oversight committee for the 2025 county sales tax ballot issue. Or the governing body may appoint a separate group to serve as the sales tax oversight committee for the 2025 ballot issue. Staff recommends alternative A to allow those folks to continue to expand their scope for the 2025 county sales tax ballot issue. And I should note, because today is the first, the county will take up this action at their first meeting in September, which will be next week. So typically their meeting happens the day before ours, but in this case we're about a week off.

The appointments for both the city commission and the county commission or the chair or his or her designee. So while right now that's Mayor Nguyen and Commissioner Schultz, each year that has the opportunity to change if that's the will of the mayor or the county chair at the time. The other ones are appointments by name.

I think this committee has served us well over the last number of years on our number of projects that we've had. I think it's good to have oversight of this and as we continue forward with our next, with the county sales tax and especially with the jail and everything taking place, I think it's good to just transition that and just to add that on and keep this committee moving forward.

Any further discussion?

And so everybody that is currently on this list is okay with being on this list?

I think they've talked about it at their last couple of quarterly meetings that this was the city and county were both on a trajectory for this reappointment.

And it was something that we did talk about and discuss and put into, like the memo said, we put it into language before the ballot issue, just to have it in place so if the ballot issue did pass, it could continue.

I will entertain a motion for this item.

I move to appoint the existing sales tax oversight committee for the 2017 county sales tax ballot issue to also serve as a sales tax oversight committee for the 2025 county sales tax ballot issue.

Second. There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes. You're right at 130 here.

Very good. Mayor and Commissioners, item 10A, a 130 public hearing on the matter of the governing body hearing questions, concerns, and comments from the public with regard to the levy of a property tax rate exceeding the revenue neutral rate and the approval of the 2027 budget. Following the public hearing, the governing body is asked to consider and approve a resolution to levy a property tax rate exceeding the revenue neutral rate. And if approved, that would be resolution number 3226. Dash 2026, Jared. You probably want to open the public hearing now.

The public hearing is open.

At the July 20th, 2026 special meeting of the city commission, the governing body authorized the mayor to sign the indication of revenue rate intent to exceed the calculated revenue rate. The 2027 city budget was approved for publication at the August 4th, 2026 meeting with a 38.502 mill levy rate. The revenue neutral rate for 2026 is 37.504, the levy rate. This resolution formally acknowledges that the city is exceeding the revenue neutral rate. Following the public hearing, the opportunity is for the governing body that the governing body may approve the resolution as presented, and approval must be completed by a roll call vote. Or the governing body may not approve the resolution and lower the city's no levy to equal the revenue neutral rate. And staff recommends the governing body approve resolution as presented. I do have one piece of public comment that was submitted to City Clerk Hurtado that I'll go and read it this time. It says, Dear Mayor, Garden City Commissioners, and Representative Clifford, my name is Kaylee Knight, and I am a local resident ready to submit public testimony ahead of the September 1st budget hearing. Having crossed paths with many of you through the YMCA and my years running the Summer Food Service Program, or SFSP, and given how well you know my father, You know how deeply my family cares about Garden City. I especially want to acknowledge Representative Clifford's past support for our SFSP initiatives. It is because of our shared dedication to this community that I'm reaching out regarding the upcoming municipal budget decisions. My time running the summer food program showed me firsthand how real the financial strain is for our neighbors. As you know, our youth food programs are automatically pre-approved because over 60% of our local students qualify for free and reduced meals. These families are living on the absolute edge. Despite our size and economic strain, Garden City residents face a tax crisis that exceeds major metropolitan areas. Our combined property tax levy stands at 169.183 mils, which is significantly higher than Wichita at 124 mils and Kansas City, Kansas at 164 mils. Our 8.95% sales tax rate also outpaces Wichita's 7.5%. Because our median home price sits at roughly 245,000, matching the baseline of a major metropolitan area like Wichita, our residents are being forced to pay a vastly higher tax rate without the benefit of large city resources or corporate tax distribution. I know balancing the city's general fund deficit is a difficult task. But when we look at the massive tax breaks granted to incoming industrial developments and data centers, it feels like regular homeowners are holding the financial burden all corporations could have passed. I urge the Commission to vote against exceeding the revenue neutral rate, protect our residents from further tax increases, and ensure these large corporation and corporate entities contribute their fair share. We cannot balance our city's budget on the backs of a population where 60% of the children are struggling to eat. Please read this statement into the official public record during the September 1st budget hearing. Thank you all for your hard work, your past partnership, and for considering this perspective. Sincerely, Kaylee Knight. With that, I'll step aside in case there's any other public comment.

Is there any other public comment? Seeing none, I will close the public hearing. Any points of discussion for the governing body? I think every year as this item comes onto the agenda and every year as our staff make really big sacrifices for a governing body to have a budget where our mill levy is flat, it does also mean that it does exceed the revenue rate. But I think the public does come to recognize that the mill levy rate itself is going to stay flat. Is there another discussion? I'll entertain a motion for this item.

I'll make a motion that we approve resolution 3226-2026. Has there been a motion?

Is there a second?

I second.

There's been a motion and a second. Those that are in favor of adopting the motion to purchase and, sorry, to approve resolution number 3226 will, as their names are called, answer aye. Those opposed will answer no. Madam Clerk will call roll.

Yes.

Aye.

Commissioner Roy Cessna. Aye. Commissioner Bryce Landgraf.

Aye.

Mayor Tom Nguyen.

Aye.

And Commissioner Deb Oyler absent.

With a vote at 4-0, the motion passes.

Mayor and Commissioners, you're now in a position to consider 12A. which is the authorization of the 2027 budget certificate, which summarizes the maximum levy of property tax for specific funds and the maximum expenditure for all funds of the city's budget.

The certificate for the 2027 budget was prepared using the notice appearing for the 2027 budget expenditures. Prior to approving the budget certificate, the governing body approved a resolution to exceed the revenue neutral rate. This allows the city to levy property tax rate of 38.502 mills that will generate approximately $12,565,342. The alternative for you today is that the governing body may approve and sign the certificate of budget as presented. The governing body may approve and sign a certificate of budget that is different from what is presented. However, Kansas statutes prohibit the changes resulting in raising the city's total mill levy from what was published in the notice of public hearing. Or the governing body may not approve the certificate of budget. Staff recommends approving and signing the certificate of budget as presented. There is no fiscal note. I will note that if the signing is approved, it does require signatures from each commissioner, so you can all make sure you sign that today while in the meeting.

Any questions for staff? Go ahead. I'll obtain a motion for this item.

I make a motion that we approve the certificate as presented.

There's a motion for the government body to approve and sign the certificate of budget as presented. Is there a second?

I second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes.

Thank you.

Item 12E, the governing body is asked to permit the city to submit a grant application to the State Water Infrastructure Grant Fund for fiscal year 27 funding. Fred.

Good afternoon, chair and commissioners. The City and Finney County have been working together to develop an agreement to share the cost of the Northeast sewer interceptor design. The topic has been discussed previously at two separate joint sessions of the governing bodies of Finney County, the City of Garden City, and the City of Holcomb. Today, staff requests permission to submit an application for the State Water Infrastructure Grant, also known as SWIG, always having fun with acronyms, to help offset the project's design costs. Recent changes to grant funds made by the Kansas Water Office as a result of House Bill 2462, which was passed in this year's session. The bill provides additional opportunities for larger communities to compete for funds and emphasizes projects that involve local and regional collaboration, economic impact, and conservation, along with extreme weather resilience. All of which are areas the city believes we will score well in this review process. The design task order for the Northeast sewer interceptor design is $1,175,000 and it also includes tasks to study construction funding options and the potential development of a sewer benefit district for this project. for this project, which accounts for benefits to the city and the county. If awarded, the grant funds would offset the cost impact for the design task order, and the grant application must be submitted to the Kansas Water Office by September 15th, 2026. Alternatives for the governing body, the governing body may approve the preparation of a grant application for the State Water Infrastructure Grant Fund for 2027 funding, or the governing body may decline to approve preparation of a grant application for the State Water Infrastructure Grant Fund for fiscal year 2027 funding cycle. Staff recommends approval of the preparation of the application for submission to the Water Infrastructure Grant Fund for fiscal year 2027. Fiscal note, if awarded, the funds would be used to offset the cost of the Northeast Interceptor design, which will be executed when an agreement with Finney County is reached and presented to the governing body for approval at a future meeting. The maximum award from this grant fund cannot exceed $1 million. And we would anticipate our ask could be less than that maximum amount and just due to the number of applications they receive.

That makes sense.

Any questions?

As Director Jones mentioned, this is an application that also identifies or signifies a partnership with Finney County. They're going to formally review this at their meeting next week as well. And so the details of the application are kind of contingent at this point in time upon their approval.

So approved here, approved at the county, and we would still make the September 15th deadline.

Yeah, that's correct.

I make a motion that we approve the present preparation of a grant application for the State Water Infrastructure Grant Fund for the fiscal year 2027 funding.

There's been a motion. Is there a second?

I second.

There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes.

Item 12F, the governing body is asked to reject the bid from the 523 North Main Street Alley Improvement Project.

Yes. Staff solicited bids on July 7th, 2026 for the 523 North Main Street alley improvement project. The proposed work consisted of repairs to the north half of the alley west of 523 Main Street. The repairs were part of a two-year plan to remove and replace severely damaged alley mainline pavement. One bid was received on August 11th, 2026 from Lee Construction for $92,258. And based on the historical costs, staff estimated the project to be approximately $55,000. Due to the increasing costs, the submitted bid exceeded the estimate in the 2026 budget for this project by 60%. Staff will re-bid the project at a later date. Alternatives for the governing body. The governing body may reject the bid of $92,258 submitted by Wheat Construction. Alternative two, the governing body may provide alternative direction to staff. Staff recommends rejecting the bid of $92,258 submitted by Wheat Construction. Just a fiscal note, funds for the project were allocated from the electric fund. through their contracted contractors line item to restore the alley under utility improvements. And bid form is attached to the agenda item.

I make a motion we reject the bid of $92,258, which was submitted by Lee Construction LLC.

So motion, is there a second? I second. There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes. And I'll step down for item 12G.

Item 12G, the governing body is asked to consider and approve a settlement agreement between the City of Garden City and Conco LLC, formerly known as Conco Inc., resolving the city's construction defect claims relating to water intrusion at the Garden City Police Department's shooting range facility.

Good afternoon again, Mayor and Commissioners. The city contracted with Conco, Inc. in 2021 for construction of the police department shooting range facility located at 2250 South Old Highway 83, including site demolition and preparation, foundation and soils work, construction of the building and interior site work and utilities, coordination and installation of specialized gun range equipment. Following completion of the project, the city experienced persistent roof leaks and water intrusion at the facility, including water entering at the front of the range and at the base of classroom wall. D.V. Douglas Roofing Inc. assessed the roof deficiencies and, by proposal dated October 1st of 2025, quoted metal roof repairs at $19,294.00. REVIEW OF THE ARCHITECTURAL PRINTS AND SITE CONDITIONS BY A LICENSED CONTRACTOR IDENTIFIED ADDITIONAL CONSTRUCTION ERRORS INCLUDING FINISHED GRADE THAT DID NOT MEET THE EIGHTH INCH DIMENSION SHOWN ON THE SLAB DESIGN DRAWING AND AN UNSEALED WINDOW HEADER ON THE SOUTH FACE OF THE BUILDING LACKING THE REQUIRED BACKER ROD AND CEILING. Estimated drywall paint and base repairs associated with the window header totaled $5,000. On February 19th, 2026, the city attorney issued a formal demand letter to Conco citing the correction period and general warranty provisions of the contract documents and demanded that Conco either complete the necessary repairs at no cost to the city or reimburse the city $24,294 for the cost of remediation. Conco responded, retained its own personnel to investigate the reported conditions, and the parties negotiated the attached settlement agreement in lieu of litigation. Under the proposed settlement agreement, Conco will perform the following at its sole cost and expense. South entryway roof area, the leaks in this area were repaired by D.B. Douglas Roofing in July of 2025 after it was determined that water was wicking through the split-face CMU block, which was repainted and resealed. No leaks have been reported in the area since. Conco extends the agreement's 12-month warranty to this area. GROUND LEVEL WATER INFILTRATION ON THE SOUTHEAST SIDE. CONCO WILL REMOVE THE EXISTING RIVER ROCK AND WEED BARRIER, SEAL THE BRICK, CONTROL JOINTS DOWN TO THE FOOTING EVALUATION, REGRADE TO ESTABLISH AND MAINTAIN POSITIVE EASTWARD DRAINAGE, INSTALL NEW WEED BARRIER AND RIVER ROCK, AND THEN REPLACE, PRIME, PAINT, AND RETRIM THE AFFECTED CONFERENCE ROOM DRYWALL AND FLOOR BASE. sealant deficiencies on the southeast face. Conco will remove all deficient sealant at the window and brick conjunctions, including the uncocked window head and inadequately tooled sealant and reseal in accordance with the sealant manufacturer's written installation requirements. D.V. Douglas roofing invoice. CONCO will pay D.B. Douglas Roofing $2,500 in full satisfaction of invoice number 100 dated October 9th, 2025, which was billed to the police department shooting range for miscellaneous roof leak repairs made on multiple trips. CONCO will deliver written evidence of payment along with a waiver and release of any claim against the city, the project, or any bond furnished in connection with the project. All repair work must be completed on or before October 31st, 2026 with time of the essence and the extension only by written agreement of both parties. Because the facility is an operational law enforcement building, CONCO must give the city five business days advance notice before starting work. Coordinating scheduling with the chief of police or the chief's designee. Comply with all city security and screening requirements. Avoid unreasonable interference with range operations. Secure the work area daily and restore the site upon completion. CONCO must also carry commercial general liabilities insurance of $1 million per occurrence, $2 million aggregate, naming the city as an additional insured area. together with automotive liability and statutory workers' compensation coverage and must indemnify the city for claims arising from the repair work. The agreement is structured to protect the city against the work and ensure that the work is actually completed and accepted. The city has 30 days after CONCO's notice of completion to inspect the work. We may retain independent consultant to do so. Non-conforming items must be corrected within 15 days. AND REINSPECTED. CONCO WARNS THE REPAIR WORK ON THE SOUTH ENTRYWAY ROOF AREA AGAINST DEFECTS AND ANY RECURRENCE OF WATER INTRUSION FOR 12 MONTHS FOLLOWING ACCEPTANCE, INCLUDING RESULTING INTERIOR DAMAGE. THE CITY COVENANT NOT TO SUE BECOMES EFFECTIVE Only upon acceptance and applicable statutes of limitation and repost are told through the 60 days after acceptance. The agreement releases only the identified defects, preserves all other rights and warranties under the original contract, and expressly does not waive the city's protections under the Kansas Tort Claims Act. There are two alternatives before the governing body. The first, the governing body may approve the settlement agreement with Conco LLC, formerly known as Conco Inc., and authorize the mayor to execute the agreement on behalf of the city, and we'll have to change that signature line to Commissioner Landgraf, or alternative to the governing body may not approve the settlement agreement. redirect staff in terms of which direction they would like staff to go. Staff recommends alternative one and improvement of the settlement agreement. Fiscal note related to this, the settlement agreement requires no expenditures of city funds. All repair work is to be performed by CONCO at its sole cost and expense. In addition, CONCO assumes and will pay directly The outstanding $2,500 DV Douglas roofing invoice that was billed to the city, relieving the city of that obligation. The agreement resolves repair claims for which the city has demanded $24,294 in reimbursement without litigation. Each party bears its own attorney fees with the prevailing party entitled to recover reasonable fees and costs in any future action enforcement in the agreement. With that, I'd be happy to answer any questions. I know Chief from an operational perspective in terms of impact of the range is here to answer any questions. And Jake's here to answer any questions you've got on the agreement itself.

Are there any questions for staff? Seeing none, is there any motion on this item?

I make a motion that we approve the settlement agreement with Conco LLC, formerly known as Conco Inc., and authorize Commissioner Landgraf to execute the agreement by signing it on behalf of the city.

There's been a motion. Is there a second? I second. There has been a motion and a second. All in favor, say aye. Aye. Aye. All opposed, say nay. Motion passes.

We're now ready for the consent agenda, section 13. If there aren't any items that the commission would like to remove and talk about separately, or if there aren't any items for which someone is in the audience and would like to visit about that are part of the environmental code enforcement, the appropriate motion would be to approve items 13A through 13I.

Is there anyone from the public for any of these items? There are none. I move to approve consent agenda items 13A through 13I. Second. There's been a motion and a second. Any further discussion? Seeing none, all those in favor say aye. Aye. Opposed, nay. Motion passes. We're ready for commissioner reports. Great. Commissioner Canales-Lizano.

Oh my. I want to thank the community members and community volunteers that came together this past weekend for the Dream First golf tournament. It's amazing to see how many people do come together and all the different people that came to participate. I also want to thank the... I believe maybe streets, I'm not sure. I had a community member say to me that they had noticed that the crosswalk between 3rd and Harding was out last Friday and they had called and were able to make contact and it was fixed right before school was out. So I want to acknowledge the effectiveness and the community member for making sure that that was taken care of. September 1st and I want to say that I am happy to be part of Garden City. We have a thriving community and let's make it a great day.

Thank you. Commissioner Cessna.

Yeah, I had a good pre-meeting this morning about future direction of our infrastructure and how we're financing that and moving that forward. So always good to have those discussions and see how we are continuing to maintain our infrastructure but also continue to grow our community as well. attended the lemonade stand war this last week had good attendance know that the streak continues for the police department or the the blue team I guess would say because we had blue cups and red cups but the blue cups won out over the red cups so during the lemonade stand war so congratulations on on that and again just kind of reiterating what Commissioner Canales Lozano said it's a great community to live in. I know it's been hot and we've had a little bit of rain, but I know there's cooler weather on the horizon. So that's all I've got. Thank you. Thank you, Commissioner Landgraf.

I just wanted to give some compliments to Buffalo Dunes Golf Course for, first off, being ranked the number one golf course in the United States for under $50 by the Friday Golf, which is a multi-platform golf media outlet. I think that speaks wonders to just how great of a golf course we have to be the number one ranked at such an affordable cost for folks to be able to go out to. And also just wanted to give praise as well on hosting the Dream First Bank Charity Classic. It's always great to have the Epson tour here in Garden City. One of my favorite parts about it is just the variety of people we get from all over the world. We'll get people from... I looked through the entire list and we had someone represented from every single continent except for Antarctica, obviously. They don't have that great of golf down there. But... It was really great being able to see that. And also, I just want to remind folks that not this weekend, but next weekend is the 100th Community Mexican Fiesta. I highly encourage folks to go out and celebrate. There's various events going on from the 11th through the 13th. Thank you.

Yeah, Epson Tour was so enjoyable, and I think our community always looks forward to it. We have different partners, and to always see the collaboration from different entities in our organization is so impressive. Congratulations to Maribel for winning. And I also had the privilege of playing with Maddie McCray, Cervelo, and it was just a blast to be able to see and see the witness, to witness how pro golfers play the game and appreciate the beauty of the game, especially in the dunes of Garden City, the middle of nowhere. But it is one of the challenging courses for them. Really exciting to be at the Lemonade Stand Battle. Great invitation from Caitlin, but also very close call this year. $40 gap between law enforcement and also fire department. So to see that rivalry get a little bit more intensified compared to previous years, I think is an exciting thing to see. Live Well had their annual meeting, and it's always good to see the recap and direction of that health coalition move forward in our community. And Matt and I sat through a Kansas Oral History Project panel to talk about healthy Kansas, especially in a rural setting. And I think that one of my biggest takeaways from that interview was to see the many years that Matt has seen this community shift and all the factors that we as city staff, we as a community, take part in all these preventive factors for a healthier Garden City without really knowing about it. I think there are a lot of work behind the scenes in every individual department that aids in how Garden City can be healthy, and I think that's something to point to. And most importantly also, congratulations for our community for, again, for the record-breaking year through the United Way, but also for Jared for winning the Dave Seeley Award Sweetly Award and just an incredible moment and milestone for our organization to point to all of his efforts beyond this organization that he's pitching in. And I think that points to the character of the people we have in our staff, but also how all of our members are choosing to give back to our community. And that's all I have. So with that, this meeting is adjourned. Thank you.