Governing Body

Governing Body Minutes – May 7, 2024 CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, May 7, 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, Banks, Kell, Miller, Dobler, Duncan and Hofererer -7. Deputy Mayor Valdivia-Alcala presided -1. Absent: Mayor Padilla and Councilmember Ortiz -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 May 7, 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 May 7, 2024, for attachment to the meeting minutes. AFTER THE MEETING was called to order Reverend May E. Hall, St. John AME Church, provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. Councilmember Ortiz joined the meeting remotely. A PRESENTATION on the Downtown Business Improvement District Annual Report, was provided by Ashley Gilfillan, Downtown Topeka, Inc., President. A PRESENTATION on the Topeka Metropolitan Transit Authority (TMTA) Annual Report, was provided by Scott Tummons, TMTA Board Chair. Councilmember Miller questioned when TMTA would provide transportation to residents in the Montara, south of the city of Topeka. 05-07-24 67  Councilmember Duncan referenced the Polk Quincy Viaduct project and proposed River Front Development and questioned if TMTA would be interested in sharing a Fleet facility with the City of Topeka if the need arose. Scott Tummons reported TMTA does not have the resources to provide service to Montara residents and to his knowledge, no conversations have taken place with the city regarding a share Fleet facility. CONSENT AGENDA was presented as follows: RESOLUTION NO. 9522 introduced by Councilmember Karen Hiller granting The Celtic Fox an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 1) RESOLUTION NO. 9523 introduced by Councilmember Karen Hiller granting The Celtic Fox an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 1) APPROVAL of a Professional Legal Services Contract between the City of Topeka and Kansas Legal Services, Inc., in an amount not to exceed $84,137 for the administration of the eviction defense program, was presented. ORDINANCE NO. 20485 introduced by Interim City Manager Richard U. Nienstedt authorizing initiation of condemnation proceedings to acquire an easement for a street intersection reconstruction project at 6th and Oakley, was presented. (Project No. 841079.11) ORDINANCE NO. 20486 introduced by Interim City Manager, Richard U. Nienstedt, allowing and approving City expenditures for the period February 24, 2024 to March 29, 2024 and enumerating said expenditures therein, was presented. 05-07-24 68  RESOLUTION NO. 9524 introduced by Interim City Manager Richard U. Nienstedt, naming banks and savings institutions that are designated as depositories for all City of Topeka accounts and authorizing signatories and rescinding City of Topeka Resolution No. 9489, was presented. RESOLUTION NO. 9525 introduced by Interim City Manager Richard U. Nienstedt, authorizing the City of Topeka's participation in the Kansas Municipal Investment Pool and authorizing signatories and rescinding City of Topeka Resolution No. 9490, was presented. MINUTES of the special meeting of April 12, 2024 and April 23, 2024; and the regular meeting of April 16, 2024, were presented. APPROVAL of the following Off-Premise Cereal Malt Beverage license applications was presented: Business Name Address 1 Stop 1320 SW 6th Ave 29th St Gas & Shop 1611 SE 29th St Aldi #9 2320 NW Clay St Aldi #54 1530 SW Arvonia Pl Aldi #83 105 SW 29th St Amoco Food Mart 2901 SE Fremont St California BP 2740 SE California Ave Casey’s #2261 600 SE Rice Rd Casey’s #2312 4441 SE California Ave Casey’s #3580 6741 SW 21st St Casey’s #3971 2133 N Kansas Ave Casey’s #4378 2611 SE California Ave Dollar General #1171 1001 SW Fairlawn Rd Dollar General #2703 2500 SE California Ave Dollar General #3085 2042 NW Topeka Blvd Dollar General #3618 2401 SW Topeka Blvd Dollar General #4046 1920 SW 10th Ave Dollar General #12745 2515 SE 6th Ave Dollar General #13381 2410 SE 29th St 05-07-24 69 Business Name Address (continued) Dollar General #15245 4500 SE California Ave East Quick Stop 3100 SE 6th Ave Family Dollar 1313 SW 21st St Family Dollar 501 SE 21st St Haag’s Express 1001 SW Wanamaker Rd Holiday Square Phillips 2901 SW Topeka Blvd Hy-Vee #1658 2951 SW Wanamaker Rd Hy-Vee Gas 6011 SW 29th St I70 BP 1000 SW Wanamaker Rd Kicks Express 3300 SW Gage Blvd Lakeview 66 3000 SE Croco Rd Kwik Shop #705 1114 NW Topeka Blvd Kwik Shop #713 5700 SW 21st St Kwik Shop #720 102 SE 37th St Kwik Shop #757 2619 SW 21st St Kwik Shop #780 5220 SW 6th Ave Kwik Shop #781 4500 SW Topeka Blvd Kwik Shop #789 746 NE Wabash Ave Kwik Shop #791 1700 SW Topeka Blvd Kwik Shop #796 3706 SW Burlingame Rd Love’s Travel Stop #769 1811 NW Brickyard Rd Max’s at Huntoon 1301 SW Gage Blvd Murphy Express #8599 1531 SW Wanamaker Rd Oakmart BP 2518 NE Seward Ave Quick Stop 5 3335 SW Gage Blvd Sam’s Club #8176 1401 SW Wanamaker Rd Target Store T-0355 2120 SW Wanamaker Rd Tony’s Quick Shop 1107 SW 6th Ave Top City Beverage 2525 SW 29th St Topeka Food Mart 3834 SW Topeka Blvd Walmart #1802 1501 SW Wanamaker Rd Walmart #2131 1301 SW 37th St Walmart #5441 2600 NW Rochester Rd Walmart #6392 2630 SE California Ave Walmart #6585 335 SW MacVicar Ave White Lakes 66 931 SW 37th St Wood Oil #7 101 NE US 24 Hwy 05-07-24 70  Councilmember Dobler moved to approve the consent agenda. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9526 introduced by Interim City Manager Richard Nienstedt making certain findings pursuant to the Kansas Reinvestment Housing Incentive District Act with regard to an application submitted by Gen III Construction & Development LLC to establish a Reinvestment Housing Incentive District in the Meier’s Place Subdivision and requesting that the Kansas Secretary of Commerce review the Resolution and advise the Governing Body, was presented. Rhiannon Friedman, Planning & Development Director, reported the application requesting creation of an RHID for the Meier’s Place Subdivision was located on the northwest corner of NW Lyman Road and NW Vail Avenue, north of Highway 24. She stated the proposal would add 15 additional single family homes with target price range of $200,000 and $300,000 to help fill the demand gap in the area, with the potential for 41 additional homes as outlined in the future development plan. She stated Staff was seeking approval to send the application to Kansas Secretary of Commerce for the creation of a district, upon approve by Secretary the developer will need to submit a Housing Plan that will be reviewed by the City of Topeka RHID Review Committee then presented to Governing Body for final approval at a later date. Councilmember Banks moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9527 introduced by Interim City Manager Richard Nienstedt making certain findings pursuant to the Kansas Reinvestment Housing Incentive District Act with regard to an application submitted by Gen III Construction & Development LLC to establish a Reinvestment Housing Incentive District in the Sherwood Professional Park Subdivision and requesting that the 05-07-24 71 Kansas Secretary of Commerce review the Resolution and advise the Governing Body, was presented. Rhiannon Friedman, Planning & Development Director, reported the application requesting creation of an RHID for the Sherwood Professional Park Subdivision was located on the southeast corner of SW 29th Street and SW Villa West Drive. She stated the proposal would add 10 for-rent duplexes dwelling units with the targeted cost structure of the development being market rate, multi-family rental pricing. She stated Staff was seeking approval to send the application to Kansas Secretary of Commerce for the creation of a district, upon approval by Secretary the developer will need to submit a Housing Plan that will be reviewed by the City of Topeka RHID Review Committee then presented to Governing Body for final approval at a later date. Councilmember Duncan mentioned at the Planning Commission meeting there were several neighborhood residents that opposed the development. He expressed concern with the Governing Body having an opportunity to review the plan before it was approved because there are still a lot of questions that have not been answered for surrounding residents. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Kell carried. Deputy Mayor Valdivia-Alcala and Councilmember Duncan voted “no.” (7-2-0) RESOLUTION NO. 9528 introduced by Interim City Manager Richard U. Nienstedt supporting the City of Topeka’s application for funding from the Kansas Department of Transportation for Topeka Bikeways Phase V implementation, was presented. (The Public Infrastructure Committee recommended approval on April 16, 2024.) Braxton Copley, Public Works Director, stated the application would advance implementation of the major project priorities contained in the Topeka Bikeways Master Plan's 05-07-24 72 supplemental plan (Bikeways Circulation Plan) recently approved by the Metropolitan Topeka Planning Organization (MTPO) Policy Board. He stated the Public Infrastructure Committee recommended approval by a vote of 3-0-0 on April 16, 2024, to fund the following bikeways projects and noted, TA Grants require a 20% match; however, the City's proposal would be eligible to receive the required 20% match available from the Highway Safety Improvement Program (HSIP): • SE Adams Street: one-way separated bike facilities and lane reduction and other speed management measures from SE 10th Avenue to SE 1st Street • SW 4th Street: one-way separated bike facilities and lane reduction and other speed management measures from SW Washburn Avenue to SW Kansas Avenue • SW 5th Street: one-way parking protected separated bike facilities and lane reduction and other speed management measures from SE Washburn Avenue to SE 4th Street Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Hiller carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9529 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos 701063.00, 281250.05, 501105.12 and 501106.02 street reconstruction and water line and stormwater improvement for NE Curtis Street from Curtis Flyoff to Monroe Street, was presented. (Approved by the Public Infrastructure Committee on April 16, 2024.) Braxton Copley, Public Works Director, reported the Public Infrastructure Committee recommended approval on April 16, 2024, of a total project budget of $1,979,343 consisting of the full reconstruction of NE Curtis Street from the Curtis Flyoff to Monroe Street, including water line replacement in addition to stormwater improvements. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (9-0-0) 05-07-24 73  RESOLUTION NO. 9530 introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos 841097.10, 281250.14, 291143.02 and 501106.04 for street improvement including curb, gutter and sidewalks as well as water line, stormwater and wastewater improvement for SE 29th Street from Adams Street to California Avenue, was presented. (Approved by the Public Infrastructure Committee on April 16, 2024.) Braxton Copley, Public Works Director, reported the Public Infrastructure Committee recommended approval on April 16, 2024, of a total project budget of $1,753,247 consisting of mill and overlay with full-depth patching, curb and gutter replacement, sidewalk repair/replacement and sidewalk ramps on SE 29th Street from SE Adams Street to SE California Avenue. He stated it would also include waterline and wastewater replacement. Councilmember Dobler recognized Public Works and Street Department employees for their hard work in repairing the streets and management Staff for utilizing tax dollars to the fullest extent. Deputy Mayor Valdivia-Alcala stated she concurs with Councilmember Dobler and commended the Public Infrastructure Committee for their work in making sure tax dollars are being used appropriately. Councilmember Banks moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously. (9-0-0) RESOLUTION NO. 9531 introduced by the Policy and Finance Committee comprised of Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $790,000 from the Unassigned Reserve Fund for the replacement of the IT infrastructure of 05-07-24 74 computer network switches, was presented. (The Policy & Finance Committee recommended approval on April 23, 2024) Randi Stahl, Chief Information Officer, reported the Policy and Finance Committee approved the project on April 23, 2023, requesting the transfer of $790,000 to the IT Fund to replace the infrastructure for 125 network switches. Councilmember Dobler requested the amount of Unassigned Reserve Fund dollars used to date and the current balance of the Fund. He requested the same information be included in the agenda packet for all future agenda items concerning the allocation of Unassigned Reserve Fund dollars. Josh McAnarney, Budget Manager, reported the fund began with a balance of $11,706,274 and following the approval of expenditures amounting to $1,007,254, an unallocated balance of $10,699,020 remains. (Attachment A) Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9532 introduced by the Policy and Finance Committee comprised of Councilmembers Marcus Miller, Spencer Duncan and Michelle Hoferer, authorizing the use of $217,254 from the Unassigned Reserve Fund for chiller rehab at Hotel Topeka, was presented. (Approved by the Policy and Finance Committee on April 23, 2024) Braxton Copley, Public Works Director and Hotel Topeka Project Manager, reported the consultant the City has retained a completed Property Condition Assessment (PCA) identifying that only one of two chillers was currently operational at Hotel Topeka. He stated he has recommended that the non-working chiller (the Trane Chiller) be replaced or rehabilitated as part of immediate capital needs with a cost estimate of $198,677.86. 05-07-24 75  Councilmember Duncan reported the request was approved by the Policy and Finance Committee on April 23, 2024. He expressed the importance of making sure the facility has a working HVAC system for customers and asked the Governing Body to approve the request. Councilmember Duncan moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) ORDINANCE NO. 20487 introduced by Interim City Manager Richard U. Nienstedt authorizing the execution of an agreement between the City of Topeka, Kansas and the State of Kansas, acting by and through the Kansas Department of Health and Environment for the purpose of obtaining a loan from the Kansas Water Pollution Control Revolving Fund for the purpose of financing a wastewater treatment project; establishing a dedicated source of revenue for repayment of such loan; authorizing and providing for the issuance of Combined Utility Revenue Bonds, Series 2024-A, of the City of Topeka, Kansas; making certain covenants and agreements to provide for the payment and security thereof; and authorizing and approving certain documents in connection with such loan and bonds; and authorizing certain other actions in connection with the agreement and such bonds, was presented. Ben Hart, Interim Chief Financial Officer, reported the Kansas Department of Health and Environment (KDHE) State Revolving Fund (SRF) loan agreement in the amount of $20,501,902 would be used to finance Water Pollution Control Improvements. He stated the loan agreement could not be signed until an ordinance has been passed by the Governing Body allowing the City to enter into an agreement. He noted failure to sign the loan agreement will result in denial of the KDHE loan offering a 2.11% interest rate for 20 years. Councilmember Miller asked if Legal has reviewed the documents. Amanda Stanley, City Attorney, reported the City’s Legal Department has reviewed the 05-07-24 76 documents in detail and Khalen Dryer and Kevin Cowan, Gilmore & Bell, P.C., were available for questions. Councilmember Dobler moved to adopt the ordinance. The motion seconded by Councilmember Miller carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Deputy Mayor Valdivia-Alcala -9. RESOLUTION NO. 9533 introduced by Interim City Manager Richard U. Nienstedt prescribing the form and details of and authorizing and directing the sale and delivery of not to exceed $20,501,902 aggregate principal amount of Combined Utility Revenue Bonds, Series 2024- A, of the City of Topeka, Kansas, previously authorized by Ordinance of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Ben Hart, Interim Chief Financial Officer, reported the resolution was a companion document to the ordinance outlining the details of the agreement. Councilmember Dobler moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0) PUBLIC COMMENT was provided by the following individuals: Sandra Lassiter inquired on the DREAM grant process and where the City of Topeka was in the process of allocating the grant funds. She referenced a recent incident involving a suicide attempt and thanked the intervention team for their assistance. She asked where individuals go after this type of intervention takes place and what type of protocol was used to provide mental health assistance. 05-07-24 77  Henry McClure listed the GO Topeka funding allocations for economic development and stated he believes the type of organizations receiving these funds would not be considered economic development. He referenced the economic development dollars he requested two years ago that he still has not received for installation of a sewer line on South Topeka Boulevard. Michael Bell, Tennessee Town NIA President, inquired on the status of DREAMS grant funding allocations by the City of Topeka and requested that all responsive correspondence be sent to Sandra Lassiter and himself. ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, provided an overview of the May 14, 2024 Governing Body meeting Agenda. Councilmember Hiller thanked the Governing Body for financing the FIRM Program with cash instead of bonding saving a significant amount of tax dollars. She offered her condolences to the Susan Fowler-Hentzler family. She thanked Shawnee County Emergency Management for their assistance in recent storms. Councilmember Ortiz announced the grand opening of the Shopper’s Kitchen, 250 SE 29th Street in Topeka. She announced the Click It or Ticket Campaign will take place from May 16, 2024 to June 2, 2024. Councilmember Banks thanked Tony Bartell for his efforts in working with young men and women in regards to training in basketball. Councilmember Miller offered his condolences to the Susan Fowler- Hentzler Family and commented on the impact she made on the community. 05-07-24 78  Councilmember Dobler requested a presentation be provided to the Governing Body outlining the process of the Citizens Government Review Committee required by Topeka Municipal Code Chapter 2.10 to take place at least every 10 years for the purpose of reviewing the Form of Government. He reported he has received a number of complaints regarding the management of city Parks by Shawnee County and asked that a discussion concerning the issue be placed on a future agenda. Councilmember Duncan referenced the Reinvestment Housing Incentive District (RHID) for Sherwood Professional Park Subdivision and encouraged developers to communicate with Council District Representatives regarding proposed developments for assistance and support. He reported $1.5 million of American Rescue Plan Act (ARPA) funds are still unencumbered. He asked the organizations that have not used their funding to contact the City so they can help with the allocation of the funds to avoid the funds reverting back to the Federal government. Councilmember Hoferer announced Friends of Topeka Zoo (FOTZ) was conducting their annual plant sale at the Zoo. Deputy Mayor Valdivia-Alcala reported on the new group Community Inspired Violence Intervention Coalition, CIVIC, that took a trip to Aurora, Colorado. She stated the Group will be working on the next steps to address violence from a strong data driven approach. Councilmember Dobler 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, City Attorney Amanda Stanley, Senior City Attorney Mat Mullen, and any other staff the Governing Body finds useful. The motion was seconded by Councilmember Kell. 05-07-24 79  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. (9-0-0) 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 stated there was a need for a second executive session and asked Senior City Attorney Mullen to state the motion. Councilmember Kell moved to recess into executive session not to exceed 30 minutes to discuss matters relating to security measures as allowed under KSA 75-4319(b)(12). The open meeting will resume in the city council chambers. The following staff will be necessary to assist the Governing Body in its deliberations, Police Chief Bryan Wheeles, Fire Chief Randall Phillips, City Attorney Amanda Stanley, Senior City Attorney Mat Mullen, and any other staff the Governing Body finds useful. The motion was seconded by Councilmember Dobler. Deputy Mayor Valdivia-Alcala asked all those in favor of recessing into to an 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 did not vote. (8-0-0) 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 8:54 p.m. (SEAL) Brenda Younger City Clerk 05-07-24 80  ATTACHMENT A Project Name Amount Requested Amount Approved Date to Policy & Finance Committee Approved? Date to Full Governing Body GB Approved? Hotel Operations Chiller $ 217,254.24 $ 217,254.24 4/26/2024 Y 5/7/2024 Yes LMI Property Maintenance Rehab Funding $ 200,000.00 4/26/2024 Y 5/21/2024 IT Network Switches $ 790,000.00 $ 790,000.00 4/26/2024 Y 5/7/2024 Yes Total $ 1,207,254.24 $ 1,007,254.24 Beginning Fund Balance $ 11,706,274 Amount Approved by Governing Body $ 1,007,254 Amount Remaining $ 10,699,020