Governing Body

Governing Body Minutes – April 16, 2024 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, April 16, 2024. The Governing Body members of the City of Topeka met in regular session at 6:00 P.M. with the following Councilmembers present: Councilmembers Hiller, Oritz, Banks, Kell, Miller, Dobler, Duncan -7. Deputy Mayor Valdivia-Alcala presided -1. Absent: Mayor Padilla and Councilmember Hoferer -2. Public comment for the meeting was available via Zoom or in-person. Individuals were required to contact the City Clerk's Office at 785-368-3940 or via email at cclerk@topeka.org by no later than 5:00 p.m. on April 16, 2024, after which the City Clerk's Office provided the Zoom link information and protocols prior to the meeting start time. Written public comment was also considered to the extent it was personally submitted at the meeting or to the City Clerk's Office located at 215 SE 7th Street, Room 166, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before April 16, 2024, for attachment to the meeting minutes. AFTER THE MEETING was called to order Deputy Mayor Valdivia-Alcala provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. A PRESENTATION on the ADA Advisory Council Annual Report was provided by Joe Cheray, ADA Advisory Council Chair. Translation of the Report was provided by Stephanie Pope, American Sign Language (ASL) Interpreter. In response, Governing Body members asked the following questions:  If all 23 complaints have been resolved?  If any specific complaint stood out in comparison to other complaints submitted?  How complaints are being processed and if an audit has been conducted for compliance?  How are sidewalk complaints being reported? 04-16-24 56   How are ADA accessible ramp complaints being reported, and if a list of ADA accessible ramp locations could be distributed to the Governing Body? Monique Glaude, Community Engagement Division Director and Interim Diversity Equity and Inclusion (DEI) Officer, reported she receives the complaints via email or through the SeeClickFix system which are then forwarded to the ADA Advisory Council for review. She stated she would compile the answers to the list of questions and distribute the information to the Governing Body. Joe Charey reported the ADA Advisory Council plans to conduct an audit concerning compliance of traffic signal crosswalks. CONSENT AGENDA was presented as follows: RESOLUTION NO. 9517 introduced by Councilmember Christina Valdivia-Alcala, approving a special event known as the Sacred Heart-St. Joseph Parish Germanfest 2024, was presented. (Council District No. 2) RESOLUTION NO. 9518 introduced by Councilmember Christina Valdivia-Alcala, granting Sacred Heart-St. Joseph Parish an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 2) APPROVAL of professional services Contract NO. 52035 between the City of Topeka and Baker Tilly Municipal Advisors, LLC, for providing financial management services; in relation to the departure of the City’s Acting Chief Financial Officer to the City of Topeka Department of Administrative and Financial Services, was presented. RESOLUTION NO. 9519 introduced by Interim City Manager Richard U. Nienstedt authorizing initiation of eminent domain proceedings to acquire a temporary easement for a street intersection reconstruction project at 6th and Oakley, was presented. (Project No. 841079.11) 04-16-24 57  MINUTES of the special meeting of April 8, 2024; and the regular meeting of April 9, 2024, were presented. Councilmember Ortiz moved to approve the consent agenda. The motion seconded by Councilmember Dobler carried unanimously. Councilmember Miller voted “no” (7-1-0) Councilmember Hoferer entered the room. RESOLUTION NO. 9520 introduced by Interim City Manager Richard U. Nienstedt, authorizing and adopting the 2025-2034 Capital Improvement Program and 2025-2027 Capital Improvement Budget and approving project budgets, was presented. Richard U. Nienstedt, Interim City Manager, stated approval would authorize the City of Topeka Capital Improvement Plan (CIP) covering a 10-year period and a Capital Improvement Budget (CIB) covering a three-year period. Josh McAnarney, Budget Manager, thanked Staff members for their work on the CIP as well as City engineers and inspectors for their work in engaging outside project consultants. He reported the final list of proposed changes to the CIP (Attachment A) was included in the agenda packet for consideration. Councilmember Duncan stated he believes TPAC should be included in the CIP to provide long-term financial stability. He referenced the email he sent to the Governing Body on April 16, 2024 outlining the needs of TPAC. He reported the proposed amendment would be allocated over 5 years, and the TPAC Board of Trustees in conjunction with relevant City staff would develop plans outlining the specific capital improvement projects to be undertaken each fiscal year, along with costs and timelines. He noted the improvements would be reviewed by the City Council Public Infrastructure Committee prior to Governing Body approval. 04-16-24 58  Councilmember Duncan moved to amend the Capital Improvement Plan for fiscal years 2025-2029 to allocate $325,000 annually to the Topeka Performing Arts Center (TPAC) for the purpose of capital improvement expenditures. The motion was seconded by Councilmember Kell. Councilmember Hiller referenced the list of improvements that have been made to TPAC since 2020 (Attachment B) and noted, improvements to TPAC are included in the FIRM Program. She spoke in opposition of allocating additional funds without knowing immediate needs as well as the Master Plan for TPAC. However, she stated she could support the funding request for the current year if other funding sources such as Unassigned Reserve funds or Transient Guest Tax funds were utilized. She noted funding for the outyear could be considered after a full report has been provided to the Governing Body. Councilmember Ortiz asked if the plan to repair the steps located on the south side of the TPAC building included improved lighting. Councilmember Duncan reported a complete review of the steps would be conducted for the specific purpose of improving safety. He stated TPAC was scheduled to provide an update to the Governing Body on May 21, 2024. Deputy Mayor Valdivia-Alcala confirmed proposed capital improvement items would be reviewed and approved by the Public Infrastructure Committee prior to approval by the Governing Body. She commended the Governing Body for their work in creating an effective committee process. The motion to amend the Capital Improvement Plan for fiscal years 2025-2029 to allocate $325,000 annually to the Topeka Performing Arts Center (TPAC) for the purpose of capital improvement expenditures carried. Councilmember Hiller voted “no.” (8-1-0) 04-16-24 59  Councilmember Hiller thanked Staff for their work on the CIP process and for providing detailed answers to her questions. She stated she was prepared to adopt the proposed CIP excluding Proposal No. 3 (Attachment A) to switch the FIRM Program from operating funds to being a GO bonded program for years 2025, 2026 and 2027. She reported the 38-42 vacant positions created over the past couple of years costs the City approximately $100,000 per position by Staff’s assessment totaling $3.9 million. She stated she believes by leaving the FIRM Program in the approved CIP to be paid for with cash it will challenge Staff to incorporate the FIRM Program in the 2025 operating budget. Councilmember Hiller moved to amend Proposal No. 3 of the final proposed list of changes to the CIP (Attachment A) to revert the FIRM Program back to the original funding source proposal of cash in the operating budget for years 2025, 2026 and 2027. The motion seconded by Councilmember Dobler carried unanimously. (9-0-0) Councilmember Banks moved to remove Proposal No. 5 concerning Hotel Topeka from the final list of changes to the CIP (Attachment A). The motion seconded by Deputy Mayor Valdivia- Alcala failed. Councilmembers Hiller, Kell, Dobler, Duncan and Hoferer voted “no.” (5-4-0) Councilmember Dobler moved to approve the resolution as amended. The motion was seconded by Councilmember Ortiz. Henry McClure asked the Governing Body as they consider the CIP to also consider moving the City’s Fleet Garage only one-time by securing a permanent transaction with Mainline Printing. He encouraged the Governing Body to lease the facility if they would not agree to pay cash for it. He spoke in opposition of government owning real estate and stated he believes government should feel the pain of paying property taxes. Councilmember Duncan reminded Governing Body members the CIP was a fluid Plan and 04-16-24 60 the Public Infrastructure Committee makes a positive difference in the approval process. He thanked Staff for their assistance in approving the CIP. The motion to approve the resolution as amended carried unanimously. (9-0-0) RESOLUTION NO. 9521 introduced by Interim City Manager Richard U. Nienstedt, declaring the necessity to repair, alter, reconstruct, enlarge or improve the City's water, water pollution, and/or stormwater utility system through improvement projects authorized by Resolution No. 9520 and providing Notice of Intention authorizing the issuance of revenue bonds in the manner required by K.S.A. 10-1201, et seq., was presented. Richard U. Nienstedt, Interim City Manager, stated the revenue bonds would cover the cost of the water/water pollution/stormwater projects identified in the CIB. He announced Ben Hart would serve as the City’s Interim Chief Financial Officer (CFO) until a permanent replacement was found. Josh McAnarney, Budget Manager, reported approval would not authorize the sale or issuance of revenue bonds but instead, provide notice of intent to do so in August 2024 while allowing citizens the ability to protest the use of the bonds. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously. (9-0-0) PUBLIC COMMENT was provided by the following individuals: ShaMecha King Simms referenced the Topeka 2020 Citywide Housing Market Study and Strategy resulting in the creation of the Housing Trust Fund. She spoke to the importance of addressing dire housing situations by moving forward with the Housing Trust Fund Review Committee process. 04-16-24 61  Shane Grau, Topeka Performing Arts Center (TPAC) Board of Trustee member, stated the Board would provide an update to Governing Body members on the status of TPAC programs and capital needs on May 21, 2024, and moving forward they plan to provide quarterly updates. Anton Ahrens, Justice, Unity, & Ministry Project (JUMP) member, implored the Governing Body to appoint members to the Housing Trust Fund Review Committee to allow the process to move forward and use the $1 million earmarked for the construction of much needed affordable housing units. He submitted approximately 200 postcards signed by citizens concerning the need to move forward with the Review Committee process. Henry McClure referenced property he was trying to obtain located near SE 21st Street and SE Adams Street and requested the Governing Body help him locate the property owner and evacuate the tenant. ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Councilmember Hoferer announced the Sean Kenney’s Animal Super Powers LEGO Exhibit would be on display at the Topeka Zoom from April 20, 2024 to September 9, 2024. Councilmember Ortiz asked constituents to be patient with her in responding to requests as she has been having technical difficulties with her email. She commented on the Topeka Way to Work Program and the impact it has on the youth in Topeka. She urged citizens against moving the traffic safety cones that have been put in place for street improvements. Councilmember Banks thanked the Topeka JUMP organization for inviting him to the April 15, 2024 Rally: To Understand Solutions and commented on the important housing information he received. 04-16-24 62  Councilmember Kell announced his participation in the Public Works & Utilities 2024 Citizens Academy and commented on the interesting information that has been explained regarding the City’s water supply. He expressed the importance of moving forward with the Housing Trust Fund Review Committee process. Councilmember Duncan welcomed Councilmember Kell as well as other individuals that would like to be involved in the Housing Trust Fund implementation process. He thanked Councilmember Ortiz for allowing him to participate in the Topeka Way to Work Program. He announced the new Topeka license plate flag would be launched on April 17, 2024. Deputy Mayor Valdivia-Alcala announced the Community Inspired Violence Intervention Coalition (CIVIC) Town Hall meetings would be held at the following locations with additional information being found online at https://m.facebook.com/civic.topeka: 1. Central Park Community Center, 1534 SW Clay Street, Topeka, April 20, 2024 from 11:00 a.m. to 1:00 p.m. 2. Oakland Community Center, 801 NE Poplar Street, Topeka, April 22, 2024 from 5:30 p.m. to 7:30 p.m., and 3. Hillcrest Community Center, 1800 SE 21st Street, Topeka, April 27, 2024 from 11:00 a.m. to 1:00 p.m. Following a 10-minutes recess, Councilmember Kell moved to recess into executive session not to exceed 1-hour to discuss an individual employee’s performance as allowed under KSA 75-4319(b)(1). The open meeting will resume in the city council chambers. The following staff may be necessary to assist the Governing Body in its deliberation Interim City Manager Nienstedt, Human Resources Director Pam Foster, Senior City Attorney Matt Mullen and other staff the Interim City Manager finds necessary. The motion was seconded by Councilmember Miller. 04-16-24 63  Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session to indicate so verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried on voice vote. Councilmember Ortiz voted “no.” (8-1-0) At the conclusion of the executive session, the meeting reconvened into open session and Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session. She announced the need for a second executive session and asked Senior City Attorney Mullen to state the motion. Councilmember Hoferer moved to recess into executive session not to exceed 1-hour to discuss candidates for city manager as allowed under KSA 75-4319(b)(1). The open meeting will resume in the city council chambers. The following staff will be necessary to assist the Governing Body in its deliberations, Senior City Attorney Mat Mullen, and any other staff the Governing Body finds useful. The motion was seconded by Councilmember Duncan. Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into executive session to indicate so verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried on voice vote. Councilmember Ortiz voted “no.” (8-1-0) At the conclusion of the executive session, the meeting reconvened into open session and Deputy Mayor Valdivia-Alcala announced no action was taken during the executive session. NO FURTHER BUSINESS appearing the meeting was adjourned at 9:27 p.m. (SEAL) Brenda Younger City Clerk 04-16-24 64  Attachment A City of Topeka Finance Department budget@topeka.org 215 SE 7th St, Rm 355 785-368-3970 Topeka, KS 66603 www.topeka.org To: Honorable Mayor Michael Padilla & Members of the Topeka City Council; Richard Nienstedt, Interim City Manager From: Josh McAnarney, Budget Manager Date: April 11, 2024 Re: Changes from the First Iteration of the 2025 – 2034 CIP Book Below is a list of changes from the CIP Book that was distributed on February 20th: 1. Elevation Parkway Road Extension Phase I & II – This project has been pushed outside of the CIP. Pushing the project out allows the following: o 2025 Water Main Replacement Program to be increased from $10,359,580 to $12,151,580 o 2025 Wastewater Lining & Replacement Program to be increased from $1,120,000 to $2,492,941 2. Curb and Gutter Program – This citywide half-cent sales tax program has been decreased from $1,250,000 to $900,000 per year (2025 – 2029). 3. FIRM Program – This project will switch from operating funds to being a GO bonded program for the duration of the CIB (2025 – 2027). 4. Zoo Master Plan – This project will pay the zoo’s obligations on a faster timeline to help meet their capital needs. The Interlocal Agreement allocates up to $10,000,000 for Zoo Phases 1, 2, 3, 4 and 5. Below is a table showing the changes from the February 20th CIP to the date of this document: CIP Version 2024 & 2025 2026 2027 2028 Totals Prior February 20th $6,923,812 $500,000 $800,000 $950,000 $ 826,188 $10,000,000 March 21st $6,923,812 $1,025,396 $1,025,396 $1,025,396 $0 $10,000,000 5. Hotel Topeka - This additional page is only disclosing our purchase of the asset in the CIP. The reason staff is adding the project into the book is for transparency, and to account for issuance/interest cost of using temporary notes on the purchase. Currently, the asset is in its first year of using temporary notes on project and can do that up to 3 years. The total budget reflects the City using temporary notes for 3 years. At the date of this document there are no other changes from staff to the 2025 – 2034 CIP.  Attachment B City of Topeka Finance Department budget@topeka.org 215 SE 7th St, Rm 355 785-368-3970 Topeka, KS 66603 www.topeka.org To: Richard Nienstedt, Interim City Manager From: Josh McAnarney, Budget Manager Date: April 15, 2024 Re: TPAC Capital Expenditures 2020 - 2024 Below is a breakdown of capital improvement projects spent on the Topeka Performing Arts Center from 2020 – 2024. Projects that effect both City Hall and TPAC have been split accordingly and are marked with an asterisk. The amounts only reflect TPAC portions of the project. With the exception of the major City Hall / TPAC HVAC project, these projects were paid out the City’s FIRM program. Past and Current Scheduled Projects Project Budget TPAC Roof $ 13,448 City Hall Boiler Tank* $ 40,113 TPAC Reheat Coils $ 33,000 TPAC Reheat Asbestos $ 146,761 City Hall Boiler Valve* $ 9,928 EMER TPAC Stage Lift Repair $ 25,909 EMER Court Elevator Repair* $ 77,918 EMER TPAC Roof Repairs $ 290,875 TPAC Facade/Facia $ 22,825 TPAC Water Remediation $ 169,967 TPAC HVAC Repair* $ 8,748,635 Totals $ 9,579,378 The table below represents future projects that are either anticipated or in design. The budget represents the unspent amounts for those projects. If the current amendment is adopted we would seek direction on whether the new funds would replace the funding for these projects, or if we would continue to fund with FIRM dollars. Future Scheduled Projects Project Budget TPAC Step Repair $ 58,000 TPAC Water Remediation $ 80,562 Facia & Tuckpointing $ 195,000 TPAC Stage Lift $ 25,000 Totals $ 358,562 Finally, the City operating allocates TPAC $150,000 per year of its operating funds—which over the last five years would be a total of $750,000.