Governing Body
Regular MeetingTopeka, KS · June 11, 2024
Minutes
Governing Body Minutes – June 11, 2024
CITY COUNCIL CHAMBERS, Topeka, Kansas, Tuesday, June 11, 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, Valdivia-Alcala, Banks, Kell, Miller, Dobler,
Duncan, and Hoferer -8. Councilmember Ortiz participated remotely -1. Mayor Padilla presided -
1.
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 June 11, 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 June 11, 2024, for attachment to the meeting minutes.
AFTER THE MEETING was called to order, Curtis Pitts, Community Activist, provided
the invocation.
THE PLEDGE OF ALLEGIANCE was recited by meeting participants.
A RECOGNITION CEREMONY was conducted for out-going Topeka Police Chief Bryan
Wheeles and Interim City Manager Richard U. Nienstedt.
BOARD APPOINTMENT recommending the reappointment of John Nave to the
Washburn University Board of Regents for a term ending June 30, 2028, was present. (Council
District No. 4)
BOARD APPOINTMENT recommending the reappointment of Michaela Saunders to the
Topeka Sustainability Advisory Board for a term ending June 30, 2026, was presented. (Council
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District No. 9)
BOARD APPOINTMENT recommending the appointment of Luc Bensimon to the Topeka
Human Relations Commission to fill a term ending June 30, 2026, was presented. (Council District
No. 2)
BOARD APPOINTMENT recommending the appointment Alisa Snavely to the Topeka
Housing Authority Advisory Board to fill a term ending June 12, 2028, was presented. (Council
District No. 7)
Councilmember Kell moved to approve the appointments. The motion seconded by
Councilmember Miller carried unanimously on roll call vote. Mayor does not vote. (9-0-0)
AN UPDATE on the City of Topeka Land Bank was provided by Quinn Cole,
Management Analyst. Rhiannon Friedman, Planning and Development Director was present for
questions.
Councilmember Valdivia-Alcala commended Director Friedman and Councilmember
Duncan for taking the lead on the project. She expressed her excitement in moving the initiative
forward.
Councilmember Kell inquired on the efforts of improving dilapidated homes as opposed to
building on vacant lots.
Director Friedman reported they are working to add properties to the tax roll as well as
work with developers that want to improve the community.
Councilmember Hiller asked if there was a plan in place to move forward with the
initiative.
Councilmember Duncan reported the Housing Trust Fund Committee worked with the
Topeka Police Department and Property Code Maintenance Division to identify the worst five
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properties located within the city of Topeka. He stated they are seeking good local partners that
understand the community to accomplish successful infill development. He noted the next process
would be to begin working with recipients to provide assistance in creating safe affordable
housing.
AN UPDATE on the 2024 Legislative Session was provided by Whitney Damron, City of
Topeka Lobbyist.
Councilmember Valdivia-Alcala inquired how the State Legislature was dealing with
funding needs for municipal governments actively dealing with the unsheltered population; and the
status of the City’s 2024 Legislative Priority concerning implementation of a suitable “Living
Wage.” She expressed the importance of providing a real plan to the State Legislature that includes
factual data to help them better understand the complexity of the issues instead of criminalizing
homelessness.
Councilmember Kell expressed the importance of addressing the mental health issues
directly associated with homelessness.
Whitney Damron reported on the Legislative Bills that have been introduced attempting to
address the homelessness; however, none moved forward in 2024.
Amanda Stanley, City Attorney, spoke to the importance of the City continuing to address
the important issues through education and advocacy at the State level.
CONSENT AGENDA was presented as follows:
RESOLUTION NO. 9545 introduced by Councilmember Sylvia Ortiz, granting Fellowship
Hi-Crest an exception to the provisions of City of Topeka Code Section 9.45.150, et seq.,
concerning noise prohibitions, was presented. (Council District No. 3)
MINUTES of the regular meeting of June 4, 2024, was presented.
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Councilmember Miller moved to approve the consent agenda. The motion seconded by
Councilmember Banks carried unanimously on roll call vote. (10-0-0)
PUBLIC HEARING
For the purpose of considering written or oral objections to the proposed assessments on
file in the office of the Clerk, on all lots, parcels and pieces of ground liable for the cost of
improvement, same being Sanitary Sewer Improvement Project No. 401098.00 at 660 NE
Hwy 24, authorized by Resolution of Advisability and Authorization No 9303, adopted and
approved April 19, 2022, was presented.
ORDINANCE NO. 20491 introduced by Acting City Manager Richard U. Nienstedt,
apportioning and levying a special assessment on certain lots and pieces of ground in the City of
Topeka, Shawnee County, Kansas, in the area of 660 NE Highway 24 for Sanitary Sewer
Improvement Project No. 401098.00, as defined and described in Resolution No. 9303 adopted and
approved on April 19, 2022, was presented.
Ben Hart, Interim Chief Financial Officer, reported approval would levy special
assessments for the financing of sanitary sewer improvements near 660 NE Highway 24 with a
total cost of improvements being $150,000 to be paid 100% by the Improvement District over 20
years.
Mayor Padilla opened the public hearing and asked if there was anyone present who would
like to speak to the subject matter.
Upon no one appearing, the public hearing was closed.
Councilmember Miller moved to adopt the ordinance. The motion seconded by
Councilmember Kell carried unanimously.
The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdivia-Alcala,
Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -10.
PUBLIC HEARING
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For the purpose of considering written or oral objections to the proposed assessments on
file in the office of the Clerk, on all lots, parcels and pieces of ground liable for the cost of
improvement, same being Street Improvement Project No. 601132.00 for Sherwood Park
Sub-Division 9, authorized by Resolution of Advisability and Authorization No 9279,
adopted and approved December 14, 2021, as amended by Resolution Nos. 9330 and 9539,
was presented.
ORDINANCE NO. 20492 introduced by Acting City Manager Richard U. Nienstedt,
apportioning and levying a special assessment on certain lots and pieces of ground in the City of
Topeka, Shawnee County, Kansas, in the area of Sherwood Park Sub-Division No. 9 for Street
Improvement Project No. 601132.00, as defined and described in Resolution No. 9279, adopted
and approved on December 14, 2021, as amended by Resolution Nos. 9330 and 9539, was
presented.
Ben Hart, Interim Chief Financial Officer, reported approval would levy special
assessments to finance street improvements in the subdivision with a total cost of improvements
being $1,028,889.34 to be paid 100% by the Improvement District over 20 years.
Mayor Padilla opened the public hearing and asked if there was anyone present who would
like to speak to the subject matter.
Upon no one appearing, the public hearing was closed.
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: Hiller, Valdivia-Alcala,
Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -10.
RESOLUTION NO. 9546 introduced by Public Infrastructure Committee comprised of
Councilmembers Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project
Nos. 281250.02, 281300.02 and 281301.02 for water line improvements in Westboro for SW
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Lakeside Drive, SW Westover Road and SW 15th Street, was presented. (Public Infrastructure
Committee recommended approval on May 21, 2024.)
Sylvia Davis, Utilities Department Director, reported approval of a total project budget of
$7,564,859 would provide for the complete replacement of water distribution within the Westboro
Subdivision.
Councilmember Dobler moved to approve the resolution. The motion seconded by
Councilmember Banks carried unanimously on roll call vote. (10-0-0)
CHARTER ORDINANCE NO. 124 introduced by Councilmember Neil Dobler regarding
powers of appointment and removal, amending Section 19 and Section 21 of Charter Ordinance
No. 94, codified at A2-52 and A2-54 of the Topeka Municipal Code, was presented.
Amanda Stanley, City Attorney, reported the charter provision requires the City Manager
provide meaningful opportunity for Governing Body input prior to the appointment of the City
Attorney and a provision requiring Governing Body approval of the removal of the City Attorney.
Councilmember Dobler stated the ordinance was discussed in length at the June 4, 2024
Governing Body Meeting.
Councilmember Hiller stated she understands the concept, however, she believes the hiring
and termination of the City Attorney should be handled in the same manner; therefore, she would
suggest the language be consistent on lines 31-34. She suggested the following language
substitution:
• On line 34 delete “approved by the Governing Body” and insert “the City Manager has
provided the Governing Body meaningful opportunity to provide input of the proposed
removal.”
Councilmember Duncan stated he does not believe the proposed language amendment from
Councilmember Hiller was necessary.
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Councilmember Valdivia-Alcala referenced past experiences and stated she believes the
narrowing of the policy makes sense and will support the charter ordinance as presented.
Councilmember Dobler stated the intent of the amendment was to provide some security to
the City Attorney who serves in a tenuous position almost daily while also providing some
assurance that if the City Attorney speaks out about the City Manager, that person has the ability to
do so without losing their job immediately.
Mayor Padilla and Councilmember Kell spoke in support of the charter ordinance language
as presented.
Councilmember Dobler moved to adopt the charter ordinance. The motion seconded by
Councilmember Kell carried unanimously.
The charter ordinance was adopted on roll call vote as follows: Ayes: Councilmembers
Hiller, Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, Hoferer and Mayor Padilla -10.
ORDINANCE NO. 20493 introduced by Councilmember Neil Dobler, concerning
appointment of the City Attorney, amending Section 2.20.070 of the Topeka Municipal Code and
repealing original section, was presented.
Amanda Stanley, City Attorney, stated the ordinance was a companion document to the
charter ordinance to make the language consistent.
Councilmember Dobler moved to adopt the ordinance. The motion seconded by
Councilmember Valdivia-Alcala carried unanimously.
The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller,
Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan, and Hoferer -9.
ORDINANCE NO. 20494 introduced by Councilmember Neil Dobler concerning parking
of vehicles on residential property, amending Section 10.60.120 of the Topeka Municipal Code
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and repealing original section, was presented.
Amanda Stanley, City Attorney, referenced the FAQ in the agenda packet answering
questions asked at the June 4, 2024 Governing Body Meeting and stated John Schardine, Property
Maintenance Division Director, was present to answer questions.
Councilmember Duncan moved to amend line 36 of the ordinance to change six months to
three months. The motion was seconded by Councilmember Hoferer.
Councilmember Kell suggested a friendly amendment to delay the effective date of the
ordinance for three months to allow a grace period for low to moderate income individuals.
Director Schardine clarified the City was considering the parking enforcement on approved
surfaces and the storing of vehicles in the back yard for six months was a long time promoting
other property maintenance and sanitary violations.
Councilmember Duncan stated he would decline the friendly amendment due to the fact the
ordinance was already in effect and the three or six month time period will be considered a grace
period.
Councilmember Banks spoke in support of delaying the effective date for low to moderate
income individuals.
The motion to amend the language on line 36 of the ordinance to change six months to
three months carried unanimously on roll call vote. (10-0-0)
Councilmember Hiller moved to amend line 34 of the ordinance with the intent to ticket the
appropriate party for the violation. The motion seconded by Councilmember Dobler carried
unanimously on roll call vote. (10-0-0)
The proposed amendment was as follows:
• On Line 34 delete “an owner of real property” and insert “any person”
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Councilmember Dobler moved to adopt the ordinance as amended. The motion seconded
by Councilmember Valdivia-Alcala carried unanimously. Mayor does not vote.
The ordinance was adopted on roll call vote as follows: Ayes: Councilmembers Hiller,
Valdivia-Alcala, Ortiz, Banks, Kell, Miller, Dobler, Duncan and Hoferer -9.
RESOLUTION NO. 9547 introduced by Interim City Manager Richard U. Nienstedt
determining the City of Topeka’s intent to reimburse itself for certain capital expenditures in
connection with the operation of Hotel Topeka, was presented.
Braxton Copley, Public Works Director, stated approval would provide the City the
opportunity to reimburse itself for certain capital expenditures in connection with the operation of
Hotel Topeka when the City issues bonds at a later date.
Councilmember Dobler asked if the Governing Body would be required to approve the
bonds before issued.
Ben Hart, Interim Chief Financial Officer, reported the Governing Body would be required
to approve all bond issuances.
Councilmember Miller moved to approve the resolution. The motion seconded by
Councilmember Kell carried on roll call vote. Councilmembers Ortiz and Valdivia-Alcala voted
“no." (8-2-0)
A REVIEW of the City's Form of Government and Citizen Government Review
Committee pursuant to Topeka Municipal Code Chapter 2.210, was presented.
Amanda Stanley, City Attorney, provided an overview of the Form of Government and the
process of the Citizen Government Review Committee.
PUBLIC COMMENT was provided by the following individual:
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Vanessa Evans, Topeka JUMP member, spoke in support of moving forward with the City’s
Land Bank initiative.
ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE
COUNCIL;
Tonya Bailey, Assistant City Clerk, provided an overview of the June 18, 2024 Governing
Body Meeting Agenda.
Richard U. Nienstedt, Interim City Manager, thanked Topeka Police Chief Bryan Wheeles
for his service to the City of Topeka. He also thanked the Governing Body for allowing him to
serve as Interim City Manager.
Councilmember Valdivia-Alcala thanked Oakland Community Officer Evan Fredricks and
Topeka Police Major Jana Cross for their assistance in handling specific criminal issues and
individuals in the Oakland area. She announced the Public, Health and Safety Committee plans to
address community issues that present challenges with a data driven approach and methodology.
She thanked the DEI Office for promoting diversity in the community. She stated she looks
forward to learning how to grow the Oakland Community Garden.
Councilmember Kell announced June as Music Appreciation Month.
Councilmember Dobler thanked Topeka Police Chief Bryan Wheeles for his service to the
City of Topeka.
Councilmember Duncan reported the Shawnee County Commission was struggling with
implementing a 1-year solar moratorium for the purpose of determining the viability for solar
farms in Shawnee County. He encouraged the Shawnee County Commission to consider the
economic development impact as well as the long-term impact on the overall utility infrastructure
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in Shawnee County. He commented on the cities across the state that look to Topeka for guidance
on the tough issues.
Councilmember Hiller thanked the Governing Body for their work and stated she was
proud to serve on the Governing Body.
Following a 10-minute recess, Councilmember Kell moved to extend the meeting past
10:00 p.m. and to recess into executive session for a time period not to exceed 45 minutes to
discuss employer/employee negotiations relating to one or more unions as justified by KSA 75-
4319(b)(3). The meeting will resume in the City Council Chambers. The following staff to assist
the Governing Body in its deliberations: Interim City Manager Nienstedt and any other staff he
deems necessary. The motion was seconded by Councilmember Hoferer.
Mayor Padilla asked all those in favor of extending the meeting past 10:00 p.m. and
recessing into executive session to indicate so by verbally by saying “yea” and those opposing to
indicate so verbally by saying “no.” The motion carried on voice vote. Councilmember Ortiz and
Miller voted “no.” (8-2-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Mayor Padilla announced no action was taken during the executive session.
Councilmember Duncan moved to recess into executive session not to exceed 15 minutes
to discuss matters deemed privileged under the Attorney-Client Privilege as allowed under KSA
75-4319(b)(2). 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,
Chief of Litigation Nick Jefferson, and any other staff the Governing Body finds useful. The
motion was seconded by Councilmember Banks.
Mayor Padilla asked all those in favor of recessing into executive session to indicate so by
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verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion
carried on voice vote. Councilmember Ortiz and Miller voted “no.” (8-2-0)
At the conclusion of the executive session, the meeting reconvened into open session and
Mayor Padilla announced no action was taken during the executive session.
NO FURTHER BUSINESS appearing the meeting adjourned at 10:15 p.m.
(SEAL)
Brenda Younger City Clerk
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Agenda
City Council Chambers 214 SE 8th
Street, 2nd Floor Topeka KS 66603
https://www.topeka.org
Governing Body Agenda
June 11, 2024
6:00 PM
Mayor: Michael A. Padilla
Councilmembers
Karen A. Hiller District No. 1 Marcus D.L. Miller District No. 6
Christina Valdivia-Alcala District No. 2 Neil Dobler District No. 7
Sylvia E. Ortiz District No. 3 Spencer Duncan District No. 8
David Banks District No. 4 Michelle Hoferer District No. 9
Brett D. Kell District No. 5
Interim City Manager: Richard U. Nienstedt
Addressing the Governing Body: Public comment for the meeting will be available via Zoom or in-person. Individuals
must 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 the
date of the meeting, after which the City Clerk's Office will provide Zoom link information and protocols prior to the
meeting. View the meeting online at https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
Written public comment may also be considered to the extent it is 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 the date of the meeting for attachment to the meeting minutes.
If you need any accommodations for the meeting, please contact the City ADA Coordinator at 785-368-4470. Kansas
Relay Service at 800-766-3777. Please provide a 48 Hour Notice if possible. Assistive listening devices are available for
use in the community forum.
Agendas are available by 5:00 p.m. on Thursday in the City Clerk's Office, 215 SE 7th Street, Room 166, Topeka,
Kansas, 66603 or on the City's website at https://www.topeka.org.
CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2. APPOINTMENTS:
A. Board Appointment - Washburn University Board of Regents
BOARD APPOINTMENT recommending the reappointment of John Nave to the Washburn
University Board of Regents for a term ending June 30, 2028. (Council District No. 4)
B. Board Appointment - Topeka Sustainability Advisory Board
BOARD APPOINTMENT recommending the reappointment of Michaela Saunders to the
Topeka Sustainability Advisory Board for a term ending June 30, 2026. (Council District No. 9)
C. Board Appointment - Human Relations Commission
BOARD APPOINTMENT recommending the appointment of Luc Bensimon to the Topeka
Human Relations Commission to fill a term ending June 30, 2026. (Council District No. 2)
D. Board Appointment - Topeka Housing Authority Advisory Board
BOARD APPOINTMENT recommending the appointment Alisa Snavely to the Topeka Housing
Authority Advisory Board to fill a term ending June 12, 2028. (Council District No. 7)
3. PRESENTATIONS:
Land Bank Update
2024 Legislative Session Update
4. CONSENT AGENDA:
A. Resolution - Fellowship Hi-Crest - Noise Exception
RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Fellowship Hi-Crest an
exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise
prohibitions. (Council District No. 3)
(Approval would allow for outdoor amplified music and sound during the hours of 6:00 p.m. and
11:00 p.m., at 455 SE Golf Park Blvd on June 29, 2024.)
B. MINUTES of the regular meeting of June 4, 2024
C. APPLICATIONS:
5. ACTION ITEMS:
A. Public Hearing and Ordinance - 660 NE Highway 24 Sanitary Sewer Improvement Project
401098.00 - Special Assessment
PUBLIC HEARING for the purpose of considering written or oral objections to the proposed
assessments on file in the office of the Clerk, on all lots, parcels and pieces of ground liable for
the cost of improvement, same being Sanitary Sewer Improvement Project No. 401098.00
at 660 NE Hwy 24, authorized by Resolution of Advisability and Authorization No 9303, adopted
and approved April 19, 2022.
ORDINANCE introduced by Acting City Manager Richard U. Nienstedt, apportioning and
levying a special assessment on certain lots and pieces of ground in the City of Topeka,
Shawnee County, Kansas, in the area of 660 NE Highway 24 for Sanitary Sewer Improvement
Project No. 401098.00, as defined and described in Resolution No. 9303 adopted and approved
on April 19, 2022.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would levy special assessments for sanitary sewer improvements near 660 NE
Highway 24. Total cost of improvements is $150,000 to be paid 100% by the Improvement
District over 20 years.)
B. Public Hearing and Ordinance - Sherwood Park Subdivision No. 9 Street Improvement
601132.00 - Special Assessment
PUBLIC HEARING for the purpose of considering written or oral objections to the proposed
assessments on file in the office of the Clerk, on all lots, parcels and pieces of ground liable for
the cost of improvement, same being Street Improvement Project No. 601132.00 for Sherwood
Park Sub-Division 9, authorized by Resolution of Advisability and Authorization No 9279,
adopted and approved December 14, 2021, as amended by Resolution Nos. 9330 and 9539.
ORDINANCE introduced by Acting City Manager Richard U. Nienstedt, apportioning and
levying a special assessment on certain lots and pieces of ground in the City of Topeka,
Shawnee County, Kansas, in the area of Sherwood Park Sub-Division No. 9 for Street
Improvement Project No. 601132.00, as defined and described in Resolution No. 9279, adopted
and approved on December 14, 2021, as amended by Resolution Nos. 9330 and 9539.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would levy special assessments for street improvements in the subdivision. Total cost of
improvements is $1,028,889.34 to be paid 100% by the Improvement District over 20 years.)
C. Resolution - Approving Budget Exceeding $250,000 - Waterline Improvement Project Nos.
281250.02; 281300.02 and 281301.02
RESOLUTION introduced by Public Infrastructure Committee comprised of Councilmembers
Sylvia Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 281250.02,
281300.02 and 281301.02 for water line improvements in Westboro for SW Lakeside Drive, SW
Westover Road. and SW 15th Street (Public Infrastructure Committee recommended approval on
May 21, 2024.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval of total project budget of $7,564,859 for complete replacement of water distribution within
Westboro Subdivision.)
D. Charter Ordinance - Powers of Appointment and Approval
CHARTER ORDINANCE introduced by Councilmember Neil Dobler regarding powers of
appointment and removal, amending Section 19 and Section 21 of Charter Ordinance No. 94,
codified at A2-52 and A2-54 of the Topeka Municipal Code.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval will add to charter a provision requiring the City Manager provide meaningful opportunity
for input prior to the appointment of the City Attorney and a provision requiring Governing Body
approval of the removal of the City Attorney.)
E. Ordinance - City Attorney Appointment
ORDINANCE introduced by Councilmember Neil Dobler, concerning appointment of the City
Attorney, amending Section 2.20.070 of the Topeka Municipal Code and repealing original
section.
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not
vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval will revise the ordinance to allow the Governing Body to provide meaningful input to the
City Manager on the proposed appointee.)
F. Ordinance - Parking on Residential Property
ORDINANCE introduced by Councilmember Neil Dobler concerning parking of vehicles on
residential property, amending Section 10.60.120 of the Topeka Municipal Code and repealing
original section.
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not
vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval will clarify who the responsible party is for violations of this ordinance.)
G. Resolution - Hotel Topeka Bond Intent
RESOLUTION introduced by Interim City Manager Richard U. Nienstedt determining the City
of Topeka’s intent to reimburse itself for certain capital expenditures in connection with the
operation of Hotel Topeka.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(The resolution states the intent of the City to reimburse itself for certain capital expenditures in
connection with the operation of Hotel Topeka should it issue bonds at a later date. The resolution
does not issues bonds.)
6. NON-ACTION ITEMS:
A. Review - City's Form of Government and Citizen Review Committee
REVIEW of the City's Form of Government and Citizen Government Review Committee
pursuant to Topeka Municipal Code Chapter 2.210.
(Staff will provide an overview of the current form of government in advance of the 2025 Citizen
Government Review Committee.)
7. PUBLIC COMMENT:
Public comment for the meeting will be available via Zoom or in-person.
Individuals must 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 the date of the meeting, after
which the City Clerk's Office will provide Zoom link information and protocols
prior to the meeting. Written public comment may also be considered to the
extent it is 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 the date of the meeting for attachment to the
meeting minutes. View the meeting online at
https://www.topeka.org/communications/live-stream/ or at
https://www.facebook.com/cityoftopeka/.
8. ANNOUNCEMENTS:
9. EXECUTIVE SESSION:
Executive Sessions are closed meetings held in accordance with the provisions of the Kansas
Open Meetings Act.
(Executive sessions will be scheduled as needed and may include topics such as personnel
matters, considerations of acquisition of property for public purposes, potential or pending litigation
in which the city has an interest, employer-employee negotiations and any other matter provided for
in K.S.A. 75-4319.)
10. ADJOURNMENT:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Mayor Michael A. DOCUMENT #:
Padilla
SECOND PARTY/SUBJECT: Washburn University PROJECT #:
Board of Regents
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the reappointment of John Nave to the Washburn University
Board of Regents for a term ending June 30, 2028. (Council District No. 4)
VOTING REQUIREMENTS:
Action requires at least five (5) votes of the City Council. Mayor does not vote.
POLICY ISSUE:
The Board works to improve the quality of educational policies, programs and services in an effort to improve and
maintain the quality of learning.
STAFF RECOMMENDATION:
Mayor Padilla is recommending the reappointment of John Nave to the Washburn University Board of Regents
for a term ending June 30, 2028.
BACKGROUND:
Membership. In accordance with TMC Section 2.05.050, the Board of Regents of Washburn University shall
consist of nine members appointed as follows:
Three members shall be appointed by the mayor with the approval of the council and shall hold office as
provided in K.S.A. 13-3a05 and amendments thereto. Members appointed under this subsection shall be
registered voters and residents of the city, one from each of the three districts from which state senators
are elected by residents of the city. (Senate districts: 18, 19, 20 now 1,2,3)
Three members shall be appointed by the governor and shall hold office as provided in K.S.A. 13-13a06
and amendments thereto.
Members appointed under this subsection shall be residents of the state.
One member shall be appointed by the Board of County Commissioners of Shawnee County and shall
hold office as provided in K.S.A. 13-13a06 and amendments thereto; such member shall reside in
Shawnee County, but outside the city.
One member shall be the mayor or another member of the council who is selected by the mayor.
One member shall be a member of the state board of regents selected by the state board at its regular
meeting in September of each year, to serve as a member of the board of regents for the ensuing year.
Council nominations not required.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
J. Nave - Reappt Application
City of Topeka Boards and Commissions
Application
Submitted on 16 April 2024, 3:27PM
Receipt number 236
Related form version 8
Profile
First Name John
Last Name Nave
Email Address noblenave@att.net
Street Address 2026 S.E. Turnpike Ave
Suite or Apt
City Topeka
State Kansas
Zip 66605
Are you a resident of the City of Topeka? Yes
What district do you live in? District 4
Primary Phone 7852077837
Alternate Phone 7859257292
Employer Kansas AFL-CIO
Job Title Executive Vice-president
Which Board would you like to apply for? Washburn Board of Regents
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I'm currently on the board and I feel we have an excellent group of
commission: leaders and it's been great time for Washburn and Topeka. I know I will
continue to bring my energy, enthusiasm, and commitment to the board,
the president and her administration. I want to make Washburn
University the leading learning institution in the state of Kansas.
Interests & Experiences
Please describe your education, experience, and expertise My mid-west roots, sacrifices, and diverse career moves paved his path
including any honors, awards, civic, cultural, charitable or to commitment to service in all communities and passion for people,
professional organization memberships that relate to the culture, equity and inclusion, transformation and change, and non-profit
position you are seeking. leadership governance has allowed me to develop a new leadership style
and outreach.
List any professional licenses you hold in Kansas and advise if None
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you John Nave Resume 2022.docx
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity African American
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Topeka Sustainability PROJECT #:
Advisory Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the reappointment of Michaela Saunders to the Topeka
Sustainability Advisory Board for a term ending June 30, 2026. (Council District No. 9)
VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
The Topeka Sustainability Advisory Board promotes environmental awareness and advocates for policies that
support sustainability specifically including, but not limited to, environmental awareness, waste reduction,
recycling, energy conservation and natural resource conservation in the City of Topeka, and to enhance the
quality of life by improving the City’s efforts in these areas.
STAFF RECOMMENDATION:
Councilwomen Hoferer nominates and Mayor Padilla recommends the reappointment of Michaela Saunders to
the Topeka Sustainability Advisory Board for a term ending June 30, 2026. This position will be an At-Large
position.
BACKGROUND:
In accordance with City Code 2.95.020, the Sustainability Advisory Board shall consist of nine members and be
residents of the City of Topeka. After the initial appointment of the board, all members shall serve two (2) year
terms unless appointed to fill out an unexpired term. At least five (5) of the nine (9) board members shall be
currently licensed, have a degree in, be engaged in, or have substantial past experience in the fields of
environmental awareness, waste reduction, recycling, energy conservation and/or natural resource conservation
or a similar field relating to the environment or conservation.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
M. Saunders - Reappt Application
City of Topeka Boards and Commissions
Application
Submitted on 14 May 2024, 12:58PM
Receipt number 240
Related form version 8
Profile
First Name Michaela
Last Name Saunders
Email Address michaelarsaunders@gmail.com
Street Address 1538 SW Chelsea Dr. #6
Suite or Apt
City Topeka
State Kansas
Zip 66604
Are you a resident of the City of Topeka? Yes
What district do you live in? District 9
Primary Phone 7854711751
Alternate Phone
Employer Washburn University
Job Title Lecturer of Leadership Studies
Which Board would you like to apply for? Topeka Sustainability Advisory Board
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I would like to continue my service to the Topeka Sustainability Advisory
commission: Board for a fourth term. The board continues to make progress toward
important goals for our community and I'm eager to work with the council
and incoming city manager to continue that work.
Interests & Experiences
Please describe your education, experience, and expertise PhD student in leadership communication, Kansas State University
including any honors, awards, civic, cultural, charitable or Master of Liberal Studies, Washburn University
professional organization memberships that relate to the Bachelor of Arts in Journalism and Mass Communication, Iowa State
position you are seeking. University
2015 Leadership Greater Topeka
2018 Topeka 20 Under 40
Currently serving on the Board of Trustees for Topeka Collegiate School
and Topeka Civic Theatre and Academy.
Member, Association of Leadership Educators
List any professional licenses you hold in Kansas and advise if NA
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you Saunders-CV-202404.docx
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Prefer not to answer
Gender Female
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Alternative electronic signature Michaela R. Saunders
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Mayor Michael A. Padilla DOCUMENT #:
SECOND PARTY/SUBJECT: Human Relations PROJECT #:
Commission
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the appointment of Luc Bensimon to the Topeka Human
Relations Commission to fill a term ending June 30, 2026. (Council District No. 2)
VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
Ordinance 18382. The purpose of the Topeka Human Relations Commission is to endeavor to eliminate prejudice
among various racial, ethnic and other groups in the city, and to further goodwill among all people of the city.
STAFF RECOMMENDATION:
Councilwoman Valdivia-Alcala nominates and Mayor Padilla recommends the appointment of Luc Bensimon to
the Topeka Human Relations Commission to fill a term ending June 30, 2026. Mr. Bensimon is a resident of
Topeka as required for nomination.
BACKGROUND:
This is a City-created board where the City Council nominates and the Mayor appoints. The board shall be
comprised of nine members and serve two-year terms. Members shall be drawn from diverse racial, ethnic,
commercial, industrial and other segments of the community and shall be city residents. Members shall serve
without compensation.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
L. Bensimon - Reappt Application
City of Topeka Boards and Commissions
Application
Submitted on 15 May 2024, 3:38PM
Receipt number 243
Related form version 8
Profile
First Name Luc
Last Name Bensimon
Email Address lucmalikbensimon@gmail.com
Street Address 1898 NE Burgess Ct
Suite or Apt
City Topeka
State Kansas
Zip 66608
Are you a resident of the City of Topeka? Yes
What district do you live in? District 3
Primary Phone 7857306183
Alternate Phone
Employer National Black Trans Advocacy Coalition
Job Title Client Services Agent
Which Board would you like to apply for? Human Relations Commission
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or I am interested in serving on this board to service the needs of the
commission: community we are helping. I also want to make sure that there is
representation and inclusion of the black transgender community. It is
important for me to educate and learn about other cultures and
communities in Topeka.
Interests & Experiences
Please describe your education, experience, and expertise
including any honors, awards, civic, cultural, charitable or · I am a 51-year-old man of Trans experience born and raised in Topeka,
professional organization memberships that relate to the Kansas. I was born with 3 strikes against me being assigned female at
position you are seeking. birth, being Afro-American and born with a disability all of which I have
been discriminated against in different areas of my life. I have two
degrees in Human Services youth and children emphasis and a BA in
Criminal Justice. Precinct committeeman in Ward 1 precinct 3. I My true
passion Trans people of color. Received BTAC man of the year 2023.
List any professional licenses you hold in Kansas and advise if N/A
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity African American
Gender Male
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Mayor Michael A. DOCUMENT #:
Padilla
SECOND PARTY/SUBJECT: Topeka Housing PROJECT #:
Authority Advisory
Board
CATEGORY/SUBCATEGORY 006 Communication / 005 Other
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
BOARD APPOINTMENT recommending the appointment Alisa Snavely to the Topeka Housing Authority
Advisory Board to fill a term ending June 12, 2028. (Council District No. 7)
VOTING REQUIREMENTS:
At least five (5) votes of the City Council is required. Mayor does not vote.
POLICY ISSUE:
The Topeka Housing Authority Advisory Board plans and studies the public housing needs of the City and to
make recommendations to City officials.
STAFF RECOMMENDATION:
Mayor Padilla recommends the appointment of Alisa Snavely for a term that would end June 12, 2028. (Council
District No. 7)
BACKGROUND:
The board shall consist of five members appointed by the Mayor; one of which must be a client of the housing
authority. Members shall serve four-year terms on volunteer basis. Council nominations are not required.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
A. Snavely - THA Application
City of Topeka Boards and Commissions
Application
Submitted on 24 May 2024, 11:52AM
Receipt number 246
Related form version 8
Profile
First Name Alisa
Last Name Snavely
Email Address asnavely@btco.cpa
Street Address 3364 SW Westport Drive
Suite or Apt
City Topeka
State Kansas
Zip 66614
Are you a resident of the City of Topeka? Yes
What district do you live in? District 7
Primary Phone 7852496671
Alternate Phone 7852343427
Employer BT&Co. P.A.
Job Title Director
Which Board would you like to apply for? Topeka Housing Authority Advisory Board
Are you a registered voter? Yes
Are you currently a full or part-time employee of the City of No
Topeka?
Which department do you work for?
1 of 3
Are you or any immediate family member related to any city No
governmental official or employee?
Who are you related to and how are you related?
Are you or have you been a party to any civil litigation No
involving the City of Topeka?
Please explain the litigation and your role in it:
Are you delinquent in payment of any taxes, fees, fines, or No
special assessments owed to the State of Kansas, Shawnee
County or the City of Topeka?
Please explain your delinquent payment situation.
Please state why you are interested in serving on this board or THA does amazing work, and I have previously served as a THA
commission: Commissioner from July 2014 through March 2020 but had to resign due
to an audit independent issue between THA and my CPA firm, BT&Co.
P.A.
Interests & Experiences
Please describe your education, experience, and expertise My accounting degree is from Emporia State University, and I've been a
including any honors, awards, civic, cultural, charitable or CPA since 1999 and am a member of the AICPA and KSCPA. I am also
professional organization memberships that relate to the a member of the Downtown Topeka Rotary Club and currently serve on
position you are seeking. the Club's Foundation Board. I have volunteered with Meals on Wheels,
TSCPL, TARC, UW and through my church, Fairlawn Nazarene.
List any professional licenses you hold in Kansas and advise if Kansas CPA license
they are current. (We reserve the right to request a copy of
your license prior to approval of your appointment.)
**Please upload a resume or any additional information you Alisa.jpg
believe may be helpful in considering your application.
Voluntary Self Identification
Ethnicity Caucasian/Non-Hispanic
Gender Female
Acknowledgements and Verification
Purpose of Information being submitted. I Agree
The information I am submitting is true and correct. I Agree
Your electronic signature
2 of 3
Link to signature
Alternative electronic signature
Notification to applicants for City Board/Commissions Please be advised that your application and any documents that you
attach are public records and, as such, are available to the public, upon
request, pursuant to the Kansas Open Records Act.
If you are appointed to the position, your application and resume will be
included in the governing body meeting agenda which is posted online.
3 of 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Quinn Cole, DOCUMENT #:
Management Analyst;
Whitney Damron, City
of Topeka Lobbyist
SECOND PARTY/SUBJECT: Land Bank PROJECT #:
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
Land Bank Update
2024 Legislative Session Update
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
BUDGETARY IMPACT:
SOURCE OF FUNDING:
ATTACHMENTS:
Description
Land Bank Update Presentation
Land Bank Ordinance 20426 (May 16, 2023)
2024 Legislative Report Memo - W. Damron
Land Bank Update
Quinn Cole, Management Analyst
Rhiannon Friedman, Director of Planning and Development
Agenda 2
3-4| Introduction to the Land Bank
5-6| Activities to Date
7| Next Steps
Introduction to the Land Bank 3
• Adopted May 2023 after recommendation from the 2020
housing study.
• The purpose of the Land Bank is to serve the public
purpose of providing for the orderly, planned, and
reutilization of abandoned, tax-foreclosed, or otherwise
underutilized residential properties.
• $500,000 fully funded operating budget for a 3-year pilot
period.
Introduction to the Land Bank 4
• Governed by a five member board of trustees
appointed by the mayor, including one city council
member, one city staff member, one resident
representing and NIA, and two residents at-large. Terms
end Dec 2024.
• Properties can be acquired through market purchases,
donation, tax sale, or transfer only.
Activities to Date 5
• Nov ‘23 – gathered our
board of trustees for our
inaugural meeting.
• Designed administrative
processes and framework.
• Collaborated with IT to
get a webpage and
interactive inventory
map.
Activities to Date 6
• Selected the first set of lots for transfer into the Land Bank
• Collaborated with code, fire, public works, utilities, and
planning to identify prime developable vacant lots already
owned by the city .
• City-owned lots to be transferred as of 6/25/24 board of
trustees meeting
• The same team has also identified five vacant structures for
long term acquisition.
Next Steps 7
• Acquiring selected parcels as official Land Bank
inventory.
• Designing and initiating a process for acquiring parcels
with vacant structures.
• Launching to the public for business in late June.
• Marketing our inventory to initiate a first sale of land.
919 South Kansas Avenue
Topeka, Kansas 66612
(785) 224-6666
wbdamron@gmail.com
www.wbdpa.com
TO: Interim City Manager Richard Nienstedt
City Attorney Amanda Stanley
City of Topeka Governing Body
CITY OF TOPEKA
FROM: Whitney Damron
RE: Legislative Update
DATE: Prepared for June 11, 2024
The Kansas Legislature adjourned the 2024 Veto Session/Legislative Session Sine Die shortly
after midnight on Wednesday, May 1. During the four days the Legislature was in session for the Veto
Session, the Legislature again failed to override the Governor’s veto of a tax bill and sent another one to
the Governor before leaving town even though representatives of the Governor’s office indicated that bill
would be vetoed as well. And it was.
The Governor has yet to formally call for a Special Session to consider yet another tax bill, but at
this writing it appears the call back date will be Monday, June 17 for a likely two-day Special Session.
While the reason for calling a Special Session by the Governor will be to consider a new tax bill, any and
all issues are fair game for consideration.
In addition to a tax bill, a STAR Bond economic development bill crafted to lure a major league
sports team to Kansas was left hanging at the end of the Veto Session and may return as well. In the
midst of the Veto Session, the Kansas City Chiefs announced they would consider alternative sites to
Arrowhead in Kansas City, Missouri as a home for the team and the Kansas City Royals continue to have
challenges negotiating with Jackson County following the failure of a sales tax extension vote in early
April in Jackson County, Missouri that would have help finance stadium renovations for both teams.
The COT provided testimony on more than twenty bills this year and most went the City’s way
by the time all was said and done, although there were exceptions.
As mentioned, the Legislature sent another comprehensive tax bill to the Governor during the
Veto Session, SB 37, which was vetoed. Another tax bill accompanying SB 37 was HB 2096 that
included eight components, including the so-called “government competition” language that would
provide a property tax credit to certain taxpaying entities that “compete” with government-subsidized or
government operated entities (e.g., health clubs, childcare facilities, and restaurants).
2024 Issues
In my First Adjournment Report dated April 8, I noted the City of Topeka took a position on
more than 20 bills this year. Testimonies were presented or submitted to the Legislature from Interim
City Manager Nienstedt, Amanda Stanley and the City Attorney’s office, the prosecutor's office,
municipal court, land use planning, the Chief of Police and more.
During the session the City identified particular bills that only the City of Topeka saw concerns
with, which at times made it more difficult to get other municipalities engaged. At other times we were
able to collaborate with the League of Kansas Municipalities, other cities, and municipal representatives
advocating for common goals. That said, all in all, we held our own and successfully derailed most of the
bad bills this year collectively or singularly.
A summary of bills, positions taken, and results are highlighted as follows:
SB 8 Public/Private Competition (one of several components to this bill).
This issue was amended into HB 2096 and eventually sent to the Governor, where it was vetoed.
SB 196 Reinstating LAVTR.
COT supported the State funding LAVTR. In the major tax bills of the session, language
repealing LAVTR was included. Legislative leadership suggests statutory authority for LAVTR is no
longer appropriate given the fact the Legislature has not funded the program in more than twenty years.
LAVTR is still good law, but unlikely to see funding ever return absent some negotiated resolution with
the Legislature.
SB 318 AN ACT concerning municipal courts; fingerprinting requirements.
The House Corrections and Juvenile Justice Committee removed the contents of this bill and
placed unrelated language into the bill and passed it out. The COT was opposed to the underlying bill and
was a leader in the statehouse with concerns.
SB 346 Restricting cities and counties from proposing zoning changes.
COT opposed; bill failed to advance.
SB 349 AN ACT concerning the passenger rail service program; establishing the
intercity passenger rail service program; making transfers annually into the
passenger rail service revolving fund; amending K.S.A. 75-5089 and
repealing the existing section.
COT supported. Passed the Senate, but not scheduled for hearings in the House. The reason for
no hearing being scheduled given was lack of a strategic plan/comprehensive study for the rail program
(e.g., funding source, operations, public support, etc.).
SB 373 Prohibiting public money used for lobbying.
COT opposed; bill failed to advance.
SB 448 Municipal Court; Determination of competency.
COT opposed; bill failed to advance. The COT was opposed to the bill as was a leader in the
statehouse with concerns. It is possible the issue will be studied during the interim by Judicial Council.
SB 457 Prohibit the use of Eminent Domain Authority for Solar.
Amended into SB 455. No effort to impact local government eminent domain authority.
SB 458 Civil Asset Forfeiture.
COT originally opposed. Civil Asset Forfeiture was passed in SB 458 as a compromise bill and
signed by the Governor. HB 2806 was the House bill on this subject and was considered less onerous and
more favorable to stakeholders than the Senate version. Law enforcement generally supported the House
version.
SB 468 Prohibit cities or counties that grant certain property tax exemptions from
exceeding their revenue neutral rate.
COT opposed; bill failed to advance.
SB 474 Eliminating the administrative ordinance restriction.
COT opposed; bill failed to advance.
SB 500 AN ACT concerning drivers' licenses; relating to failure to comply with a
traffic citation; authorizing certain individuals to be eligible for restricted
driving privileges; permitting individuals with restricted driving privileges
to drive to and from dropping off or picking up children from school or
childcare, to and from purchasing groceries or fuel and to and from
religious worship services; providing for hardship payment plans and
waiver of fines.
The COT expressed certain concerns with duties applied to the municipal court system, some of
which were amended before the bill was signed into law by the Governor.
SB 510 AN ACT concerning cities; requiring cities to reconnect property to the city
sewer system upon request of the property owner.
Senator Alicia Straub, R-Ellinwood, bill to deal with her own property that apparently was
disconnected from the local sewer system years ago in favor of another property. The bill just seemed to
lose steam and did not advance. COT opposed.
HB 2446 AN ACT concerning cities and counties; prohibiting the regulation of plastic
and other containers designed for the consumption, transportation or
protection of merchandise, food, or beverages.
COT Opposed. Passed by the Legislature; vetoed by the Governor.
HB 2511 Allowing nonpartisan candidate to identify political party.
COT opposed; bill failed to advance.
HB 2537 Mandating certain contractual provisions for municipal agreements.
COT opposed; advanced out of committee in acceptable form. Ultimately killed.
HB 2599 Open records act; fees.
COT opposed; failed to advance to Final Action on House floor. City of Topeka led opposition
effort.
HB 2630 Evidence of domestic violence; municipal court.
The COT supported this bill, but it failed to advance. The Kansas County & District Attorneys
Association also supported the bill, but the Board of Indigent Defense opposed the bill. The Kansas
Coalition against Sexual and Domestic Violence was neutral.
HB 2704 No-impact, home-based business act.
COT opposed; bill failed to advance.
HB 2723 AN ACT making and concerning appropriations for the fiscal year ending
June 30, 2025; relating to the department for aging and disability services;
creating a grant program to fund proposed homeless shelter infrastructure;
establishing requirements for such grants awarded.
COT supported. Homeless bill and budget funding failed to advance.
HB 2755 AN ACT concerning appearance bonds; relating to release prior to trial;
requiring compensated sureties who post bond in municipal court to comply
with certain requirements; requiring a minimum bond premium in district
court; providing reasons for suspending or terminating authorization of a
compensated surety.
COT opposed; concerns addressed. Bill failed to advance out of the Senate.
HB 2803 AN ACT concerning firearms; creating the Kansas gun rights preservation
act; prohibiting the commandeering of state resources to enforce federal gun
control against law-abiding citizens; providing civil penalties and a cause of
action for violations of the act.
COT Opposed; bill failed to advance.
###
Elections.
Monday, June 3 is the filing deadline for congressional, House, and Senate seats, among others
(e.g., county commission, judicial retention, etc.). At this writing, there are eight Senators who have
announced their intention to not seek reelection, with several more possible. A dozen House members
have announced their intention to not seek reelection, with eight indicating they intend to run for a seat in
the Senate.
Of note for Shawnee County, Senator Kristen O’Shea, R-Topeka announced her retirement from
public service, with Representative Kenny Titus, R-Manhattan filing for the seat. We could see additional
candidates file for the seat before the June 3 deadline. And, Representative Vic Miller, D-Topeka will
leave the House and has filed for a Senate seat created through the most recent redistricting effort.
Closing Remarks.
The City of Topeka will pay attention to the tax bill and any other matters considered during the
Special Session. We could see a return of the government competition language. However, it is clear the
Governor will not accept such language and would be considered a poison pill of sorts should it make it
into another tax bill.
WBD
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Councilmember Sylvia DOCUMENT #:
Ortiz
SECOND PARTY/SUBJECT: Fellowship Hi-Crest - PROJECT #:
Krissy Kearney
CATEGORY/SUBCATEGORY 020 Resolutions / 005 Miscellaneous
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by Councilmember Sylvia Ortiz, granting Fellowship Hi-Crest an exception to
the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions. (Council
District No. 3)
(Approval would allow for outdoor amplified music and sound during the hours of 6:00 p.m. and 11:00 p.m., at
455 SE Golf Park Blvd on June 29, 2024.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
City of Topeka Code Section 9.45.170, et seq., authorizes the City Council to grant noise exceptions. Approval
grants a noise exception to Fellowship Hi-Crest for their Summer Firework Extravaganza on June 29, 2024.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
Fellowship Hi-Crest is requesting the noise exception due to amplified music/sound at the event.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Resolution
1 RESOLUTION NO. ________
2
3 A RESOLUTION introduced by Councilmember Sylvia Ortiz granting Fellowship
4 Hi-Crest an exception to the provisions of City of Topeka Code
5 Section 9.45.150, et seq. concerning noise prohibitions.
6
7 WHEREAS, City of Topeka Code Section 9.45.150, et seq. makes it
8 unlawful for any person to make, continue or cause to be made or continued any
9 loud, unnecessary or unusual noise or any noise which either annoys, disturbs,
10 injures or endangers the comfort, repose, health or safety or others within the
11 limits of the city; and
12 WHEREAS, City of Topeka Code Section 9.45.170, et seq. authorizes the
13 City Council to grant exceptions to the prohibitions of this code section upon
14 request and a showing that the proposed activity does not offend the spirit of the
15 findings of City of Topeka Code Section 9.45.150, et seq.; and
16 WHEREAS, Fellowship Hi-Crest has requested that they be granted an
17 exception to the provisions of City of Topeka Code Section 9.45.150, et seq. for
18 the purposes, dates and times described herein, and
19 WHEREAS, upon review of the application of Fellowship Hi-Crest the
20 Governing Body of the City of Topeka does hereby find that the requested
21 activity does not offend the spirit of the findings of City of Topeka Code Section
22 9.45.150, et seq.
23 NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the
24 City of Topeka that Fellowship Hi-Crest is hereby granted an exception from the
25 provisions of City of Topeka Code Section 9.45.150, et seq. for amplified music
26 and sound at their Summer Firework Extravaganza located at 455 SE Golf Park
27 Blvd during the hours of 6:00 p.m. and 11:00 p.m. on June 29, 2024.
28
29 ADOPTED and APPROVED by the Governing Body _______________.
30
31 CITY OF TOPEKA, KANSAS
32
33
34 _______________________
35 Michael A. Padilla, Mayor
36 ATTEST:
37
38
39 _______________________________
40 Brenda Younger, City Clerk
41
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Josh McAnarney, DOCUMENT #:
Budget Manager
SECOND PARTY/SUBJECT: 660 NE Highway 24 PROJECT #: 401098.00
Special Assessment
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 126 Special Assessments
CIP PROJECT: No
ACTION OF COUNCIL: Set June 11, 2024 JOURNAL #:
Public Hearing Date:
05-21-24
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC HEARING for the purpose of considering written or oral objections to the proposed
assessments on file in the office of the Clerk, on all lots, parcels and pieces of ground liable for the cost
of improvement, same being Sanitary Sewer Improvement Project No. 401098.00 at 660 NE Hwy 24,
authorized by Resolution of Advisability and Authorization No 9303, adopted and approved April 19,
2022.
ORDINANCE introduced by Acting City Manager Richard U. Nienstedt, apportioning and levying a
special assessment on certain lots and pieces of ground in the City of Topeka, Shawnee County, Kansas,
in the area of 660 NE Highway 24 for Sanitary Sewer Improvement Project No. 401098.00, as defined and
described in Resolution No. 9303 adopted and approved on April 19, 2022.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would levy special assessments for sanitary sewer improvements near 660 NE Highway 24.
Total cost of improvements is $150,000 to be paid 100% by the Improvement District over 20 years.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Approval will authorize the levying of special assessments to the improvement district to pay for the cost of
sanitary sewer improvements.
STAFF RECOMMENDATION:
Staff recommends the Governing Body conduct the public hearing and adopt the ordinance.
BACKGROUND:
State law requires that the governing body direct the Clerk to publish notice in the newspaper that a public
hearing will be held to entertain public input regarding the imposition of special assessments on properties that
have benefited from public projects (e.g. installation of streets, sewers, water mains.) The notice was published in
the Topeka Metro Newspaper on May 27, 2024, at least 10 days prior to the hearing and mailed to the property
owners who will be assessed.
BUDGETARY IMPACT:
The total cost of the improvements is $150,000. Method of assessment is on a unit basis. There are 3 lots in the
improvement district at an average cost of $50,000.
SOURCE OF FUNDING:
100% paid by the Improvement District.
ATTACHMENTS:
Description
Public Hearing Notice
Ordinance
Petition
RTH LLC Affidavit to Register of Deeds
Resolution No. 9303 (April 19, 2022)
(Published in the Topeka Metro News May 27, 2024)
NOTICE OF PUBLIC HEARING
660 NE HIGHWAY 24
SANITARY SEWER MAIN IMPROVEMENT PROJECT NO. T-401098.00
Notice is hereby given that there will be a meeting of the Governing Body of the City of Topeka, Shawnee
County, Kansas, held on June 11, 2024, at 6:00 P.M., in the Council Chamber 214 E. 8th, for the purpose of
considering written or oral objections to the proposed assessments on file in the office of the Clerk, on all lots,
parcels and pieces of ground liable for the cost of improvement, same being sanitary sewer main
improvement for 660 NE Highway 24 authorized by Resolution of Advisability and Authorization No
9303, adopted and approved April 19, 2022.
GENERAL NATURE OF IMPROVEMENT:
To construct and extend 750 linear feet of sanitary sewer main and lateral lines for 6 lots within 660 NE Hwy
24, and all other contingencies required for a complete project.
IMPROVEMENT DISTRICT:
Unit 1: Schuster Subdivision No. 2, S17, T11, R16, Block A, Lot 3
Unit 2: Schuster Subdivision No. 3, S17, T11, R16, Block A, Lots 1, and 2 and the east 30 feet of the south
150 feet of North Topeka Golf Center No. 2, Block A Lot 4
Unit 3: North Topeka Golf Center No. 2, S17, T11, R16, Block A, Lots 2, 3 and 4, except the east 30 feet of the
south 150 feet of North Topeka Golf Center, No. 2, Block A, Lot 4
METHOD OF ASSESSMENT:
On a unit basis for all lots which are included in the improvement district. There are 6 Lots.
TOTAL COST & APPORTIONMENT OF COSTS:
Total Cost = $150,000
6 Units in Improvement District
100% paid by the Improvement District.
All of above described territory being situated in the City of Topeka, Shawnee County, Kansas.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City for Topeka to be affixed
on May 9, 2024.
_/s/ Brenda Younger_______________________
Brenda Younger, City Clerk
1 (Published in the Topeka Metro News on _________________________________)
2
3 ORDINANCE NO. _______
4
5 AN ORDINANCE introduced by Interim City Manager Richard Nienstedt, apportioning
6 and levying a special assessment on certain lots and pieces of ground
7 in the City of Topeka, Shawnee County, Kansas, in the area of 660
8 NE Hwy 24, for Sanitary Sewer Improvement Project No. 401098.00,
9 as defined and described in Resolution No. 9303, adopted and
10 approved on April 19, 2022.
11
12 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
13
14 Section 1. For the purpose of paying the cost Sanitary Sewer Improvement
15 Project No. 401098.00, in the City of Topeka, Shawnee County, Kansas, the Governing
16 Body, pursuant to K.S.A. 12-6a01 et seq., hereby levies and assesses a special
17 assessment on all lots and pieces of ground liable therefore. Said assessments are
18 computed as follows:
19 A. GENERAL NATURE OF IMPROVEMENT:
20
21 To construct and extend 750 linear feet of sanitary sewer main and
22 lateral lines for 6 lots within 660 NE Hwy 24 and all other
23 contingencies required for a complete project.
24
25 B. IMPROVEMENT DISTRICT:
26
27 Unit 1: Schuster Sub No. 2, S17, T11, R16, BLK A, Lot 3
28 Unit 2: Schuster Sub No. 2, S17, T11, R16, BLK A, Lots 1, 2 and East
29 30 feet of the south 150 feet of North Topeka Golf Center No. 2,
30 BLKA, Lot 4 [Replatted as: Schuster Sub No. 3, S17, T11, R16,
31 BLK A, Lot 1, Acres 4.38, Schuster Sub No. 3, BLK A, Lot 1]
32 Unit 3: North Topeka Golf Center No. 2, S17, T11, R16, BLK A Lots 2,
33 3, and 4, except east 30 feet of the south 150 feet of North
34 Topeka Golf Center, No. 2, BLK A, Lot 4
35
36 C. METHOD OF ASSESSMENT:
37
38 On a unit basis for all lots which are included in the improvement district.
39 (Originally 6 Lots, now 5 lots)
40
ASSESS/401098.00 660 NE Hwy 24 5/29/24 1
41 D. TOTAL COST & APPORTIONMENT OF COSTS:
42
43 FINAL PROJECT COST = $150,000
44 100 % by the owners of property within the Improvement District.
45
46 Section 2. The several amounts are apportioned, levied and assessed against
47 each of said lots and pieces of ground according to the benefits to be derived by reason of
48 the aforesaid improvements, (except the interest hereinafter mentioned) as follows:
49 SANITARY SEWER IMPROVEMENT PROJECT NO. 401098.00
50
51 Legal Description Assessment
52
COST TO OWNER
SUBDIVISION BLOCK LOT
(PRINCIPAL)
North Topeka Golf Center No. 2 A 2, 3 & 4 $75,000
Schuster Subdivision No. 3 A 1 $50,000
Schuster Subdivision No. 2 A 3 $25,000
53 Section 3. Such assessments with accrued interest are hereby levied concurrent
54 with general property taxes and shall be payable in twenty (20) equal annual installments;
55 the first installment to be payable at the time of the first payment of the general property
56 taxes, following the publication of this ordinance.
57 Section 4. All assessments shall bear interest in an amount not to exceed the
58 legal rate established by law.
59 Section 5. The owner of any property so assessed may at any time prior to 30
60 days from the date of publication of this ordinance, pay the whole of the assessment
61 against any lot or parcel with interest accrued to the date of payment, to the City Treasurer.
62 Section 6. Assessments not paid prior to the date provided in Section 5 hereof,
63 shall be certified, together with interest accrued, or to accrue, by the City Clerk to the
64 County Clerk, and collected in the same manner as other taxes.
ASSESS/401098.00 660 NE Hwy 24 5/29/24 2
65 Section 7. This ordinance shall take effect and be in force from and after its
66 passage, approval and publication in the official city newspaper.
67 PASSED and APPROVED by the Governing Body ________________________.
68
69 CITY OF TOPEKA, KANSAS
70
71
72
73 _________________________________
74 Michael A. Padilla, Mayor
75
76 ATTEST:
77
78
79
80 _____________________________
81 Brenda Younger, City Clerk
ASSESS/401098.00 660 NE Hwy 24 5/29/24 3
IMPROVEMENT PROJECT
PETITION
(100% of Property Owners within Improvement District)
THE MAYOR AND COUNCILMEMBERS
City of Topeka
We, the undersigned owners of record of real estate located within the Improvement District legally
described herein, do hereby respectfully petition for the following Sanitary Sewer
improvements, in accordance with the conditions herein contained, and as provided by K.S.A. 12-6a01,
et seq., as amended.
PROJECT NO.
A. GENERAL NATURE OF IMPROVEMENT:
Extension of approximately 750 linear feet of sanitary sewer main and lateral lines
B. PROPOSED IMPROVEMENT DISTRICT:
Six (6) lots as shown on Exhibit 1.
C. ESTIMATED OR PROBABLE COST:
$150,000
This cost estimate has been prepared using the best information available, without
benefit of a detailed engineering design. Variances may occur as the design details are
developed. These costs should not be considered final.
D. METHOD OF ASSESSMENT:
Unit method of assessment per the following unit distribution of six (6) total units:
Name of Property Partial Legal Description of Unit
Owner Property Owned Assessment
AAROTHAN LLC NORTH TOPEKA GOLF 3
CENTER NO 2, S17, T11, R16,
BLK A LOTS 2, 3, AND 4,
EXCEPT EAST 30 FEET OF
THE SOUTH 150 FEET OF
NORTH TOPEKA GOLF
CENTER NO 2, BLK A LOT 4
RTJ LLC SCHUSTER SUB NO 2, S17, 2
T11, R16, BLK A, LOTS 1, 2,
AND EAST 30 FEET OF THE
SOUTH 150 FEET OF NORTH
TOPEKA GOLF CENTER NO 2,
BLK A LOT 4
SNOW SCHUSTER SUB NO 2, S17, 1
TERMINATORS LLC T11, R16, BLK A, LOT 3
UNIT TOTAL 6
Page 1 of 3
E. APPORTIONMENT OF COSTS:
Costs are to be paid 100 percent by the owners of property within the Improvement
District through a special assessment levied upon the benefited properties.
F. CERTIFICATION OF SIGNERS OF THE PETITION:
We understand, agree and certify:
(i) That we own 100% of the property or properties included in the Improvement
District; and
(ii) That this Petition is one submitted pursuant to subsection (c) of K.S.A. 12-6a04,
and amendments thereto; and
(iii) That the proposed Improvement District does not include all properties which
may be deemed to benefit from the proposed improvements; and
(iv) That we may not withdraw our signature(s) from this Petition after the
Governing Body commences consideration of this Petition or later than seven (7)
days after such filing, whichever occurs first; and
(v) That we are willing to pay the costs of the proposed improvements; and
(vi) That we hereby waive the notice of and the opportunity to appear at a Public
Hearing available under K.S.A. 12-6a01. et seq., Further we request that the
Governing Body adopt a Resolution authorizing the above described
improvement; and
(vii) That the parcels of property contained within the Improvement District may not
be altered by replatting or other means until assessments have been levied unless
the developer submits a new Petition signed by all property owners with the
changes or modifications to the parcels within the Improvement District.
Provided, however, no new petition will be required if all owners of the parcel(s)
to be altered provide the City Engineer written notice specifying the allocation of
the project costs among the new parcels to be created through the replat. Said
written notice of the allocation of project costs shall accompany the application
for the replat and also shall be filed with the Register of Deeds and shall be a
covenant running with the land and binding on the subsequent owners of said
parcels; and
(viii) That, in addition to the costs for the improvement, we will be responsible for
paying all applicable rates, fees or charges for municipal services such as water,
sanitary sewer or storm water management; and
(ix) No signator to this petition has a financial interest in an existing development
with delinquent tax obligations. (Resolution No. 8726); and
(x) If the signator is a legal entity, no director, officer, or member of the entity has a
financial interest in any property with delinquent special assessments, ad
valorem/property taxes, or other federal or state tax liens anywhere within the
State of Kansas (Resolution No. 8726); and
(xi) That, if the property is not owned by an individual or individuals, we have
Page 2 of 3
G:\Shared drives\205079\CADD\205079 exhibit.dwg, Exhibit, 4/6/2021 4:44:15 PM
G:\Shared drives\205079\CADD\205079 exhibit.dwg
FRONTAGE RD.
US HIGHWAY 24
1.67%
878.20 878.34
0.00%
881.00 881.00
879.00
5.04%
880.90
880.77
880.77
-2.00%
2.00%
2.00%
881.00
881.00 880.75
880.90
1.82%
880.50
-3.29%
880.07 1.00% 881.11 878.89 1.00% 879.44 1.07% 880.60 -0.75% 880.10
878.89 879.34 879.37
1.00%
879.44
878.96 7.00% 879.99
879.99
879.66 879.09
-1.11%
3.71% -1.00%
881.10
1.00%
879.24 878.67
881.50 0.55%
882.00
88
1.1
0
-1
2.3
9%
887777.
70
877.70
-2 878 -
.95- .50
% 8
87722.52
-2.51% 8773.24% 77.00.32 %
879.00 .32
878.50 8770.00%0
877
.00
.00 .00%
© 2020 Microsoft Corporation © 2020 Maxar ©CNES (2020) Distribution Airbus DS
OWNER: DEVELOPER:
SEAL:
CFS NO.:
ORIGINAL CONTRACT SHEET NUMBER: EXHIBIT 1
REVISIONS: TOPEKA, KS 20-5079
DATE: DRAWN BY: CHECKED BY:
NO. DATE DESCRIPTION
DOCUMENT
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Josh McAnarney, DOCUMENT #:
Budget Manager
SECOND PARTY/SUBJECT: Sherwood Park PROJECT #: 601132.00
Subdivision No. 9
Special Assessment
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 126 Special Assessments
CIP PROJECT: No
ACTION OF COUNCIL: Set June 11, 2024 JOURNAL #:
Public Hearing Date:
05-21-24
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC HEARING for the purpose of considering written or oral objections to the proposed
assessments on file in the office of the Clerk, on all lots, parcels and pieces of ground liable for the cost
of improvement, same being Street Improvement Project No. 601132.00 for Sherwood Park Sub-Division
9, authorized by Resolution of Advisability and Authorization No 9279, adopted and approved December
14, 2021, as amended by Resolution Nos. 9330 and 9539.
ORDINANCE introduced by Acting City Manager Richard U. Nienstedt, apportioning and levying a
special assessment on certain lots and pieces of ground in the City of Topeka, Shawnee County, Kansas,
in the area of Sherwood Park Sub-Division No. 9 for Street Improvement Project No. 601132.00, as
defined and described in Resolution No. 9279, adopted and approved on December 14, 2021, as amended
by Resolution Nos. 9330 and 9539.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval would levy special assessments for street improvements in the subdivision. Total cost of
improvements is $1,028,889.34 to be paid 100% by the Improvement District over 20 years.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Approval will authorize the levying of special assessments to the improvement district to pay for the cost of street
improvements.
STAFF RECOMMENDATION:
Staff recommends the Governing Body conduct the public hearing and adopt the ordinance.
BACKGROUND:
State law requires that the governing body direct the Clerk to publish notice in the newspaper that a public
hearing will be held to entertain public input regarding the imposition of special assessments on properties that
have benefited from public projects (e.g. installation of streets, sewers, water mains.) The notice was published in
the Topeka Metro Newspaper on May 27, 2024, at least 10 days prior to the hearing and mailed to the property
owners who will be assessed.
BUDGETARY IMPACT:
The total cost of the improvements is $1,028,889.34. Method of assessment is on a unit basis. There are 18 units
in the improvement district at a cost of $57,160.52.
SOURCE OF FUNDING:
100% paid by the Improvement District.
ATTACHMENTS:
Description
Public Hearing Notice
Ordinance
Petition
Resolution No. 9539 (May 14, 2024)
Resolution No. 9330 (June 14, 2022)
Resolution No. 9279 (December 14, 2021)
(Published in the Topeka Metro News May 27, 2024)
NOTICE OF PUBLIC HEARING
SHERWOOD PARK SUBDIVISION NO. 9
STREET IMPROVEMENT PROJECT NO. T-601132.00
Notice is hereby given that there will be a meeting of the Governing Body of the City of Topeka, Shawnee
County, Kansas, held on June 11, 2024, at 6:00 P.M., in the Council Chamber 214 E. 8th, for the purpose of
considering written or oral objections to the proposed assessments on file in the office of the Clerk, on all lots,
parcels and pieces of ground liable for the cost of improvement, same being street improvement for
Sherwood Park Subdivision No. 9 authorized by Resolution of Advisability and Authorization No 9279,
adopted and approved December 14, 2021, and Resolution of Advisability and Authorization No 9330,
adopted and approved June 14, 2022, amended by Resolution of Advisability and Authorization No
9539, adopted and approved May 14, 2024.
GENERAL NATURE OF IMPROVEMENT:
To construct paved street to serve 18 lots within Sherwood Park Subdivision No. 9, along with concrete curb
and gutters, storm sewer structures, piping, and engineering and all other contingencies required for a complete
project.
IMPROVEMENT DISTRICT:
Sherwood Park Subdivision No. 9
Lots 1 through 7, Block A
Lots 1 through 11, Block B
METHOD OF ASSESSMENT:
On a unit basis for all lots which are included in the improvement district. There are 18 Lots.
TOTAL COST & APPORTIONMENT OF COSTS:
Total Cost = $1,028,889.34
18 Units in Improvement District
100% paid by the Improvement District.
All of above described territory being situated in the City of Topeka, Shawnee County, Kansas.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City for Topeka to be affixed
on May 9, 2024.
/s/ Brenda Younger
Brenda Younger
City Clerk
1 (Published in the Topeka Metro News on _________________________________)
2
3 ORDINANCE NO. _______
4
5 AN ORDINANCE introduced by Interim City Manager Richard Nienstedt, apportioning
6 and levying a special assessment on certain lots and pieces of ground
7 in the City of Topeka, Shawnee County, Kansas, for Street
8 Improvement Project No. 601132.00 in Sherwood Park Subdivision
9 No. 9, as defined and described in Resolution No. 9279, adopted and
10 approved on December 14, 2021, as amended by Resolution No.
11 9330 and 9539.
12
13 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
14
15 Section 1. For the purpose of paying the cost Sanitary Sewer Improvement
16 Project No. 601132.00, in the City of Topeka, Shawnee County, Kansas, the Governing
17 Body, pursuant to K.S.A. 12-6a01 et seq., hereby levies and assesses a special
18 assessment on all lots and pieces of ground liable therefore. Said assessments are
19 computed as follows:
20 A. GENERAL NATURE OF IMPROVEMENT:
21
22 To construct paved street to serve 18 lots within Sherwood Park
23 Subdivision No. 9, along with concrete curb and gutters, storm
24 sewer structures, piping and engineering and all other
25 contingencies required for a complete project.
26
27
28 B. IMPROVEMENT DISTRICT:
29
30 Sherwood Park Subdivision No. 9
31 Lots 1 through 7, Block A
32 Lots 1 through 11, Block B
33
34 C. METHOD OF ASSESSMENT:
35
36 On a unit basis for all lots which are included in the improvement district.
37 (18 Lots)
38
39 D. TOTAL COST & APPORTIONMENT OF COSTS:
40
41 FINAL PROJECT COST = $1,028,889.34
42 100 % by the owners of property within the Improvement District.
ASSESS/601132.00 Sherwood Park Sub No. 9 5/29/24 1
43 Section 2. The several amounts are apportioned, levied and assessed against
44 each of said lots and pieces of ground according to the benefits to be derived by reason of
45 the aforesaid improvements, (except the interest hereinafter mentioned) as follows:
46 SANITARY SEWER IMPROVEMENT PROJECT NO. 601132.00
47
48 Legal Description Assessment
49
COST TO OWNER
SUBDIVISION BLOCK LOT
(PRINCIPAL)
Sherwood Park Subdivision No. 9 A 1 $57,160.52
Sherwood Park Subdivision No. 9 A 2 $57,160.52
Sherwood Park Subdivision No. 9 A 3 $57,160.52
Sherwood Park Subdivision No. 9 A 4 $57,160.52
Sherwood Park Subdivision No. 9 A 5 $57,160.52
Sherwood Park Subdivision No. 9 A 6 $57,160.52
Sherwood Park Subdivision No. 9 A 7 $57,160.52
Sherwood Park Subdivision No. 9 B 1 $57,160.52
Sherwood Park Subdivision No. 9 B 2 $57,160.52
Sherwood Park Subdivision No. 9 B 3 $57,160.52
Sherwood Park Subdivision No. 9 B 4 $57,160.52
Sherwood Park Subdivision No. 9 B 5 $57,160.52
Sherwood Park Subdivision No. 9 B 6 $57,160.52
Sherwood Park Subdivision No. 9 B 7 $57,160.52
Sherwood Park Subdivision No. 9 B 8 $57,160.52
Sherwood Park Subdivision No. 9 B 9 $57,160.52
Sherwood Park Subdivision No. 9 B 10 $57,160.52
Sherwood Park Subdivision No. 9 B 11 $57,160.52
50 Section 3. Such assessments with accrued interest are hereby levied concurrent
51 with general property taxes and shall be payable in twenty (20) equal annual installments;
52 the first installment to be payable at the time of the first payment of the general property
53 taxes, following the publication of this ordinance.
ASSESS/601132.00 Sherwood Park Sub No. 9 5/29/24 2
54 Section 4. All assessments shall bear interest in an amount not to exceed the
55 legal rate established by law.
56 Section 5. The owner of any property so assessed may at any time prior to 30
57 days from the date of publication of this ordinance, pay the whole of the assessment
58 against any lot or parcel with interest accrued to the date of payment, to the City Treasurer.
59 Section 6. Assessments not paid prior to the date provided in Section 5 hereof,
60 shall be certified, together with interest accrued, or to accrue, by the City Clerk to the
61 County Clerk, and collected in the same manner as other taxes.
62 Section 7. This ordinance shall take effect and be in force from and after its
63 passage, approval and publication in the official city newspaper.
64 PASSED and APPROVED by the Governing Body ________________________.
65
66 CITY OF TOPEKA, KANSAS
67
68
69
70 _________________________________
71 Michael A. Padilla, Mayor
72
73 ATTEST:
74
75
76
77 _____________________________
78 Brenda Younger, City Clerk
ASSESS/601132.00 Sherwood Park Sub No. 9 5/29/24 3
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Sylvia Davis, Utilities DOCUMENT #:
Department Director
SECOND PARTY/SUBJECT: Resolution - Project PROJECT #: 281250.02; 281300.02
Budget Exceeding and 281301.02
$250,000 - Approval of
Project Nos. 281250.02,
281300.02 and
281301.02 for water line
improvements in
Westboro Subdivision.
CATEGORY/SUBCATEGORY 020 Resolutions / 004 Public Improvements
CIP PROJECT: Yes
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by Public Infrastructure Committee comprised of Councilmembers Sylvia
Ortiz, David Banks and Neil Dobler recommending approval of Project Nos. 281250.02, 281300.02 and
281301.02 for water line improvements in Westboro for SW Lakeside Drive, SW Westover Road. and
SW 15th Street (Public Infrastructure Committee recommended approval on May 21, 2024.)
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval of total project budget of $7,564,859 for complete replacement of water distribution within Westboro
Subdivision.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether to adopt the Public Infrastructure Committee’s recommendation.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the resolution.
BACKGROUND:
The Governing Body adopted a Resolution approving the 2024-2033 Capital Improvement Program and the 2024-
2026 Capital Improvement Budget (Resolution No. 9425). The Resolution requires Governing Body approval for
projects that are ready for construction and whose total project budget exceeds $250,000. At its meeting on May
21, 2024, the Public Infrastructure Committee recommended approval of project nos. 281250.02, 281300.02 and
281301.02 for complete replacement of the water distribution within Westboro Subdivision.
BUDGETARY IMPACT:
$7,564,859
SOURCE OF FUNDING:
Revenue Bonds
ATTACHMENTS:
Description
Resolution & Exhibit A
PI Committee Meeting Minutes Except (May 21, 2024)
PI Committee Report (May 21, 2024)
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by Public Infrastructure Committee comprised of
4 Councilmembers Sylvia Ortiz, David Banks and Neil Dobler
5 recommending approval of Project Nos. 281250.02, 281300.02 and
6 281301.02 for water line improvements for SW Lakeside Drive, SW
7 Westover Road and SW 15th Street.
8
9 WHEREAS, the Governing Body adopted a Resolution approving the 2024-2033
10 Capital Improvement Program and the 2024-2026 Capital Improvement Budget (Resolution
11 No. 9425); and
12 WHEREAS, the Resolution requires Governing Body approval for projects that are
13 ready for construction and whose total project budget exceeds $250,000; and
14 WHEREAS, at its meeting on May 21, 2024, the Public Infrastructure Committee
15 recommended approval of the project(s).
16 NOW, THEREFORE, BE IT RESOLVED, BY THE GOVERNING BODY OF THE
17 CITY OF TOPEKA, KANSAS, that Project Nos. 281250.02, 281300.02 and 281301.02 for
18 water line improvements in Westboro for SW Lakeside Drive, SW Westover Road. and SW
19 15th Street as further described in Exhibit A are hereby approved.
20 ADOPTED and APPROVED by the Governing Body on _____________________.
21
22 CITY OF TOPEKA, KANSAS
23
24
25
26
27 Michael A. Padilla, Mayor
28 ATTEST:
29
30
31
32 ________________________________
33 Brenda Younger, City Clerk
RES/2024 CIP Projects Exceeding $250,000
Water Line Improvements – Lakeside, Westover & 15th
5/16/2024
EXHIBIT A
CITY OF TOPEKA
CITY COUNCIL Liz Toyne, Executive Assistant
City Hall, 215 SE 7th St., Room 255 E-mail: etoyne@topeka.org
Topeka, KS 66603-3914
(785) 368-3710 www.topeka.org
EXCERPT
HOLLIDAY 1st FLOOR CONFERENCE ROOM, Topeka, Kansas, Tuesday, May 21,
2024. The Public Infrastructure Committee members met at 11:00 A.M., with the following
Committee members present: Sylvia Ortiz (Chair), David Banks, and Neil Dobler.
The following is an excerpt of the draft minutes from the meeting:
APPROVAL of Resolution to approve the CIP Project Exceeding $250,000 – Waterline
Improvements in the Westborough Neighborhood
Utilities – SW Lakeside, SW Westover, SW 15th Street
Director Davis is requesting approval for a project that is ready for construction. The budget
exceeds $250K and will be for waterline improvements in the Westborough neighborhood. There
will be almost 22K linear feet of water main replacement. In an effort to take a more holistic
approach to waterline work, staff decided to go in and make an impact for the neighborhoods as
much as possible, rather than piecemealing work block-by-block. This particular project will be
$7.5M.
Director Davis noted she would be back in the future to request funding for similar projects for
the Knollwood and Montara neighborhoods. Those projects are currently in the design phase.
Committee member Banks inquired if the waterline improvement project was for preventative
maintenance? Director Davis answered the Waterline Replacement Program process considers
the age of the infrastructure, the main break history, if it was consequence of a failure, and other
factors. For the Westborough neighborhood, the waterlines are beyond their life expectancy and
there have been a lot of water main breaks. The amount of money being spent from the
Operating Budget to address the breaks is a huge expense. Being able to fi the problem rather
than putting “band-aids” on, will save money to the budget in the long run as well.
MOTION: Committee member Dobler made a motion to approve the request. Committee
member Banks seconded. Approved 3-0-0.
***************************
COMMITTEE REFERRAL SHEET
COMMITTEE REPORT
Name of Public Infrastructure
Committee:
Title: RESOLUTION – Project Budget Exceeding $250,000 –
Waterline Improvements on SW Lakeside, SW Westover, SW
15th Street – Westborough Neighborhood
Date referred
from Council
meeting:
Date referred May 21, 2024
from
Committee:
Committee MOTION: Committee member Dobler made a motion to
Action: approve the request. Committee member Banks seconded.
Approved 3-0-0.
Comments:
Amendments:
Members of Councilmembers Sylvia Ortiz (Chair), David Banks, and
Committee: Neil Dobler
Agenda Date
Requested:
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Councilmember Neil DOCUMENT #:
Dobler
SECOND PARTY/SUBJECT: City Manager Powers of PROJECT #:
Appointment and
Approval
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 159 Charter
CIP PROJECT: No
ACTION OF COUNCIL: Discussion 06-04-24. JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
CHARTER ORDINANCE introduced by Councilmember Neil Dobler regarding powers of appointment
and removal, amending Section 19 and Section 21 of Charter Ordinance No. 94, codified at A2-52 and A2-
54 of the Topeka Municipal Code.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(Approval will add to charter a provision requiring the City Manager provide meaningful opportunity for input
prior to the appointment of the City Attorney and a provision requiring Governing Body approval of the removal
of the City Attorney.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body. The Mayor has an original vote on Charter
Ordinances.
POLICY ISSUE:
Whether to amend the City's Charter Ordinance in regard to the appointment and removal of the City Attorney.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the charter ordinance.
BACKGROUND:
The City Attorney represents the municipal corporation not any one governing body member or employee. As
such, this can create conflicts. It is important that both the Governing Body who exercises the corporate powers
of the City and the City Manager who oversees the daily administration of the organization work closely with the
City Attorney. The change to the Charter will help better acknowledge this dual relationship.
BUDGETARY IMPACT:
There is no budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Charter Ordinance - Powers of Appointment and Removal
1 (Published in the Topeka Metro News _____________ and _________________)
2
3 CHARTER ORDINANCE NO. __________
4
5 A CHARTER ORDINANCE introduced by Councilmember Neil Dobler regarding
6 powers of appointment and removal, amending § 19 and §
7 21 of Charter Ordinance No. 94, codified at A2-52 and A2-
8 54 of the Topeka Municipal Code.
9 NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
10 CITY OF TOPEKA, KANSAS, THAT:
11 Section 1. That § 19 of Charter Ordinance No. 94, codified at A2-52 of Code
12 of the City of Topeka, Kansas, is hereby amended to read as follows:
13 Acting City Manager.
14 The CouncilGoverning Body shall designate a qualified person, including an
15 employee to exercise the powers and perform the duties of City Manager during any
16 temporary absence or disability of the City Manager.
17 Section 2. That § 21 of Charter Ordinance No. 94, codified at A2-54 of Code
18 of the City of Topeka, Kansas, is hereby amended to read as follows:
19 Powers of appointment and removal.
20 (a) The City Manager shall be responsible to the CouncilGoverning Body for
21 the proper and efficient administration of all affairs of the city under his or her
22 jurisdiction, and shall, subject to the provisions of the personnel policies of this city and
23 except as otherwise provided in this Charter Ordinance, have the power to appoint,
24 assign, reassign, discipline, and remove all directors or heads of departments and all
25 employees under his or herthe City Manager’s jurisdiction. He or sheThe City Manager
26 may delegate to directors or other department heads responsible to him or her the
27 authority to appoint, discipline, and remove subordinate employees, subject to the
CHORD
Powers of appointment & removal 5/17/2024 1
28 personnel policies of this city.
29 (b) Notwithstanding subsection (a), in recognition that the City Attorney
30 represents the municipal corporation rather than any one Governing Body member or
31 employee and that conflicts may arise, prior to appointment, the City Manager shall give
32 the Governing Body a meaningful opportunity to provide input on the City Manager’s
33 proposed appointee for City Attorney. Additionally, the City Manager cannot remove the
34 City Attorney unless approved by the Governing Body. In accordance with Charter
35 Ordinances 94 §11 and 96 §3 as codified in Section A2-25 of the Topeka Municipal
36 Code, the Governing Body shall have no unilateral removal power of the City Attorney.
37 Section 3. This Ordinance shall be published once each week for two (2)
38 consecutive weeks in the official City newspaper.
39 Section 4. This Charter Ordinance shall take effect sixty-one (61) days after
40 final publication unless a sufficient petition for a referendum is filed and a referendum
41 held on this Charter Ordinance as provided in Article 12, Section 5, Subdivision (c)(3),
42 of the Kansas Constitution, in which case this Charter Ordinance shall become effective
43 if approved by a majority of the electors voting therein.
44 Section 5. Upon the effective date of this Charter Ordinance, this Charter
45 Ordinance shall be recorded by the City Clerk in a book maintained for such purposes
46 with a statement of the manner of adoption and a certified copy shall be filed with the
47 Secretary of State of the State of Kansas.
48 Section 6. That Charter Ordinance No. 94, § 19 and § 21, as codified at § A2-
49 52 and § A2-54, are hereby specifically repealed.
50
CHORD
Powers of appointment & removal 5/17/2024 2
51 PASSED AND APPROVED by the Governing Body on ____________________.
52 CITY OF TOPEKA, KANSAS
53
54
55
56 ______________________________
57 Michael A. Padilla, Mayor
58 ATTEST:
59
60
61
62 _______________________________
63 Brenda Younger, City Clerk
64
CHORD
Powers of appointment & removal 5/17/2024 3
65 STATEMENT OF MANNER OF ADOPTION OF FOREGOING
66
67 The foregoing Charter Ordinance No. _____ was passed on the _____ day of
68 _____________, 2024, as shown by the minutes, Book _____ Page _____, by a vote of
69 _____ for and _____ against, being not less than two-thirds (2/3) of the members-elect
70 of the governing body, published in the Topeka Metro News, the official city newspaper,
71 on the _____ day of _________, 2024, and on the _____ day of __________, 2024,
72 being once each week for two (2) consecutive weeks, and there being no petition
73 demanding a referendum filed with the City Clerk within sixty (60) days after the final
74 publication, said Charter Ordinance took effect on the _____ day of _________, 2024.
75
76 ________________________________
77 Brenda Younger, City Clerk
78
79 CERTIFICATE
80 CITY OF TOPEKA )
81 COUNTY OF SHAWNEE ) ss:
82 STATE OF KANSAS )
83
84 I, Brenda Younger, City Clerk of the City of Topeka, County of Shawnee, State of
85 Kansas, do hereby certify that the above and foregoing, consisting of ___ typewritten
86 pages, including the page upon which this Certificate is written, is a full true and correct
87 copy of Charter Ordinance No. _______ of the said City of Topeka, that all acts and
88 things required by Article 12, Section 5 of the Constitution of the State of Kansas were
89 done and performed in the manner and within the time prescribed and that said
90 Ordinance became effective on the _____ day of ______________, 2024.
91
92
93
94 ________________________________
95 Brenda Younger, City Clerk
CHORD
Powers of appointment & removal 5/17/2024 4
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Councilmember Neil DOCUMENT #:
Dobler
SECOND PARTY/SUBJECT: City Attorney PROJECT #:
Appointment
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 002 Administration
CIP PROJECT: No
ACTION OF COUNCIL: Discussion 06-04-24. JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by Councilmember Neil Dobler, concerning appointment of the City Attorney,
amending Section 2.20.070 of the Topeka Municipal Code and repealing original section.
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not vote. The
proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval will revise the ordinance to allow the Governing Body to provide meaningful input to the City
Manager on the proposed appointee.)
VOTING REQUIREMENTS:
Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a
matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether to amend TMC 2.20.070 so that prior to the appointment of City Attorney, the Governing Body be giving
a meaningful opportunity to provide input on the proposed appointee.
STAFF RECOMMENDATION:
Staff recommends the City Council move to approve the ordinance.
BACKGROUND:
This is a companion ordinance to the proposed Charter Ordinance change to make the language consistent with
the new Charter Ordinance provision so as to help future individuals reviewing the requirements of appointment
and removal.
BUDGETARY IMPACT:
No budgetary impact to the City.
SOURCE OF FUNDING:
Not Applicable.
ATTACHMENTS:
Description
Ordinance
1 (Published in the Topeka Metro News _______________________)
2
3 ORDINANCE NO. _____________
4
5 AN ORDINANCE introduced by Councilmember Neil Dobler, concerning appointment
6 of the City Attorney, amending § 2.20.070 of the Topeka Municipal
7 Code and repealing original section.
8
9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
10 Section 1. That section 2.20.070, Legal Department, of The Code of the City
11 of Topeka, Kansas, is hereby amended to read as follows:
12 Legal Department.
13 (a) Created – City Attorney. There is hereby created a Legal Department. The
14 City Attorney shall be appointed by the City Manager, however, prior to appointment,
15 the City Manager shall give the Governing Body a meaningful opportunity to provide
16 input on the proposed appointee. The City Manager, pursuant to Charter Ordinance No.
17 94, Section 21 (Appendix A, Section A2-54), shall be responsible for supervising and
18 evaluating the performance of the City Attorney. The City Attorney shall be responsible
19 for the overall operation of the Department.
20 (b) Outside Practice Prohibited. The City Attorney and Assistant City Attorneys
21 shall be prohibited from providing legal representation to any client outside of the scope
22 of the attorney’s duties for the City; provided, however, that the City Manager may, with
23 notice to the Governing Body, grant a temporary exception to this prohibition to permit
24 an attorney to conclude and terminate representation of clients that commenced prior to
25 the attorney beginning employment with the City; and provided further, that the attorney
26 can perform such legal services without interfering with the attorney’s job duties to the
27 City, without conflict of interest to the City of Topeka, and in accordance with the
ORD/City Attorney Appointment 5/17/2024 1
28 Kansas Rules of Professional Conduct.
29 Section 2. That original § 2.20.070 of The Code of the City of Topeka, Kansas,
30 is hereby specifically repealed.
31 Section 3. This ordinance shall take effect and be in force from and after its
32 passage, approval and publication in the official City newspaper.
33 Section 4. This ordinance shall supersede all ordinances, resolutions or rules,
34 or portions thereof, which are in conflict with the provisions of this ordinance.
35 Section 5. Should any section, clause or phrase of this ordinance be declared
36 invalid by a court of competent jurisdiction, the same shall not affect the validity of this
37 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
38 PASSED AND APPROVED by the Governing Body on ____________________.
39
40 CITY OF TOPEKA, KANSAS
41
42
43
44 __________________________________
45 Michael A. Padilla, Mayor
46 ATTEST:
47
48
49
50 ________________________________
51 Brenda Younger, City Clerk
ORD/City Attorney Appointment 5/17/2024 2
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
Attorney
SECOND PARTY/SUBJECT: Parking on residential PROJECT #:
property
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: Discussion 06-04-24. JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
ORDINANCE introduced by Councilmember Neil Dobler concerning parking of vehicles on residential
property, amending Section 10.60.120 of the Topeka Municipal Code and repealing original section.
Voting Requirement: Action requires five (5) votes of the City Council. The Mayor does not vote. The
proposed ordinance involves a matter of home rule on which the Mayor has veto authority.
(Approval will clarify who the responsible party is for violations of this ordinance.)
VOTING REQUIREMENTS:
Action requires five (5) votes of the City Council. The Mayor does not vote. The proposed ordinance involves a
matter of home rule on which the Mayor has veto authority.
POLICY ISSUE:
Whether to approve revisions to the ordinance in order to be able to effectively prosecute violations
STAFF RECOMMENDATION:
Staff is requesting the Governing Body move to approve the ordinance
BACKGROUND:
10.60.120(b)(1) currently makes it unlawful for an owner of real property to park a vehicle or allow a vehicle to be
parked on an unpaved surface on the property at any time or in a backyard for a period of more than six
months. The large majority of these violations are vehicles that are not owned by the real property owners.
Amending this section to cite the owner of the vehicle that is in violation not only puts this ordinance in line with
the other TMC parking ordinances, but allows the ability to successfully prosecute the violation.
BUDGETARY IMPACT:
None
SOURCE OF FUNDING:
NA
ATTACHMENTS:
Description
Ordinance
K. Trussell Memo (May 20, 2024)
FAQ (June 10, 2024)
1 (Published in the Topeka Metro News _______________________)
2
3 ORDINANCE NO. _____________
4
5 AN ORDINANCE introduced by Councilmember Neil Dobler concerning parking of
6 vehicles on residential property, amending § 10.60.120 of the
7 Topeka Municipal Code and repealing original section.
8
9 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TOPEKA, KANSAS:
10 Section 1. That section 10.60.120, Parking of vehicles on residential property,
11 of The Code of the City of Topeka, Kansas, is hereby amended to read as follows:
12 Parking of vehicles on residential property.
13 (a) Definitions. For purposes of this section the following definitions shall
14 apply:
15 (1) “Driveway” is a paved or graveled area that is intended for off-street
16 vehicular parking.
17 (2) “Park” or “parking” shall mean the standing of a vehicle or machinery
18 on or over a paved or graveled area, whether occupied or not, other than
19 temporarily for the purpose of loading or unloading property or passengers.
20 (3) “Paved or graveled area” shall mean (i) an area comprised of a solid,
21 permanent surface constructed of asphalt, concrete, stone, brick or other similar
22 material of sufficient dimension to accommodate the entire vehicle or machinery,
23 with no overhang onto dirt or grass; or (ii) an area comprised of a loose
24 aggregation of rock fragments (e.g., gravel) thick enough to prevent grass,
25 weeds and dirt from permeating or penetrating through and of sufficient
26 dimension to accommodate the entire vehicle or machinery, with no overhang
27 onto dirt or grass.
ORD/Parking on Residential Property 5/16/24 1
28 (4) “Vehicle or machinery” shall mean a machine propelled by power
29 (other than human power) that is designed to travel along the ground by use of
30 wheels, treads, runners or slides and transport persons or property. “Vehicle or
31 machinery” shall include, without limitation, automobiles, trucks, trailers,
32 recreational vehicles, motorcycles, boats, campers, or tractors.
33 (b) Prohibitions – Enforcement – Waiver.
34 (1) It shall be unlawful for an owner of real propertyany vehicle or
35 machinery to park, or allow to be parked, any such vehicle or machinery on the
36 back yard of a residential lot for more than six months, or on any other part of a
37 residential lot for any period of time, unless on a paved or graveled area or on a
38 driveway, as defined by subsections (a)(1) and (a)(32) of this section. Such
39 paved or graveled area or driveway must be maintained free of vegetation, debris
40 and standing water.
41 (2) Subsection (b)(1) of this section shall apply to any motor vehicle that
42 displays a special license plate or placard issued to a Kansas resident who is a
43 person with a disability or is responsible for the transportation of a person with a
44 disability in accordance with K.S.A. 8-1,125 and 8-1,126 and amendments
45 thereto.
46 (32) In addition to law enforcement officers, property maintenance
47 inspectors shall also have the authority to issue a uniform complaint and notice to
48 appear for violations of this section, as provided in TMC 2.40.130 and 2.40.210.
49 (43) The Governing Body may, by resolution, waive the provisions of
50 subsection (b)(1) of this section for designated properties within a designated
ORD/Parking on Residential Property 5/16/24 2
51 area requested by an event sponsor and identified (by specific address) in the
52 resolution in order to accommodate a special event approved pursuant to
53 Chapter 12.70 TMC.
54 Section 2. That original § 10.60.120 of The Code of the City of Topeka,
55 Kansas, is hereby specifically repealed.
56 Section 3. This ordinance shall take effect and be in force from and after its
57 passage, approval and publication in the official City newspaper.
58 Section 4. This ordinance shall supersede all ordinances, resolutions or rules,
59 or portions thereof, which are in conflict with the provisions of this ordinance.
60 Section 5. Should any section, clause or phrase of this ordinance be declared
61 invalid by a court of competent jurisdiction, the same shall not affect the validity of this
62 ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
63 PASSED AND APPROVED by the Governing Body on ____________________.
64
65 CITY OF TOPEKA, KANSAS
66
67
68
69 __________________________________
70 Michael A. Padilla, Mayor
71 ATTEST:
72
73
74
75 ________________________________
76 Brenda Younger, City Clerk
ORD/Parking on Residential Property 5/16/24 3
Legal Department, Prosecution Division Kelly Trussell, Chief of Prosecution
215 SE 7th Street, Room 170 Tel: (785) 368-3910
Topeka, KS 66603 www.topeka.org
MEMORANDUM
To: Governing Body Members
From: Kelly J. Trussell, Chief of Prosecution
Re: Amendment to TMC 10.60.120(b)
Date: May 20, 2024
The purpose of this memo is to explain the proposed amendments to TMC
10.60.120(b), concerning the parking of vehicles on residential property.
10.60.120(b)(1) currently makes it unlawful for an owner of real property to park a
vehicle or allow a vehicle to be parked on an unpaved surface on the property at any
time or in a backyard for a period of more than six months. The ordinance currently
in place with this language is the only criminal parking ordinance that cites the
owner of the real property and not the owner of the vehicle. Often, it is a guest of a
residence or a tenant of the residence that is unlawfully parked. This makes it nearly
impossible to prosecute and enforce the ordinance when the vehicle owner is not the
real property owner; the owner of the real property can simply state in court that they
did not allow the guest or tenant to park at that location and the case must be
dismissed. The large majority of these violations are vehicles that are not owned by
the real property owners. Amending this section to cite the owner of the vehicle that
is in violation not only puts this ordinance in line with the other TMC parking
ordinances, but allows the ability to successfully prosecute the violation.
10.60.120(b)(2) currently makes the ordinance applicable to any vehicle that displays
a license plate or state issued placard to a Kansas resident who is a person with a
disability. It is recommended to omit this section and allow TPD, PMU, and
prosecution to decide on a case-by-case basis whether to move forward with a citation.
More often, these types of citations are on vehicles parked on an unpaved surface for
the purpose of accessible entry into their homes.
10.60.120(b)(4) (currently) is proposed to be amended to 10.60.120(b)(3) after the
omission of 10.60.120(b)(2). These language amendments modify and simplify the
Governing Body’s waiver for parking to accommodate a special event approved
pursuant to TMC 12.70.
All of the proposed amendments to TMC 10.60.120(b) are beneficial amendments for
the City and it is prosecution’s recommendation that these amendments be passed.
Legal Department Amanda Stanley, City Attorney
215 SE 7th Street, Room 353 Tel: (785) 368-3883
Topeka, KS 66603 www.topeka.org
Answers to the questions asked regarding Parking on Residential Property at the 6/4/4/24
Governing Body Meeting
Are there different rules for registered versus unregistered vehicles?
A: Unregistered vehicles parked on any surface of the property (grass or paved) can also fall under
property maintenance codes for removal. Notice goes to property owner and resident if the owner
is not the resident.
Where did the four inch gravel requirement of gravel come from?
A: According to public works, 6 inches of gravel is needed to prevent vegetation from growing
through the gravel; however, when the ordinance was last considered, the governing body through
its discussions, determined four inches was the appropriate amount as a matter of public policy.
Can a business vehicle park on the street?
A: Business vehicles usually can be parked on the street; it depends on the type of vehicle. For
example, a bucket truck can be parked on the street, but not in a residential driveway. A semi-
truck cannot be parked on a residential street unless it is actively loading or unloading. However,
all vehicle parking on the street is limited to 48 hours at a time. The vehicle must be moved within
that 48 hour period.
How are tickets for this ordinance given?
A: The tickets for this ordinance come from both PMU and TPD. Often they are from See Click
Fix reporting or from PMU doing their regular inspections. John Schardine will be present at
Tuesday’s meeting to answer any specific questions you may have on how often his department
utilizes education and outreach prior to enforcement.
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Ben Hart, Interim Chief DOCUMENT #:
Financial Officer and
Amanda Stanley, City
Attorney
SECOND PARTY/SUBJECT: Hotel Topeka at City PROJECT #:
Center
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
RESOLUTION introduced by Interim City Manager Richard U. Nienstedt determining the City of
Topeka’s intent to reimburse itself for certain capital expenditures in connection with the operation of
Hotel Topeka.
Voting Requirement: Action requires at least six (6) votes of the Governing Body.
(The resolution states the intent of the City to reimburse itself for certain capital expenditures in connection
with the operation of Hotel Topeka should it issue bonds at a later date. The resolution does not issues bonds.)
VOTING REQUIREMENTS:
Action requires at least six (6) votes of the Governing Body.
POLICY ISSUE:
Whether the Governing Body should pass a resolution stating its intent to reimburse itself for certain capital
expenditures in connection with the operation of Hotel Topeka should it issue bonds at a later date. This
Resolution does not issue bonds.
STAFF RECOMMENDATION:
Staff recommends the Governing Body move to approve the Resolution.
BACKGROUND:
Whereas additional capital expenditures in connection with hotel facilities are necessary, including but not limited
to mechanical systems, site development, kitchen equipment, replacement of needed room doors, roof
replacement, replacement of Air Handling Unit 3, replacement of the VAVs, kitchen hood makeup air
replacement, and lighting control panels; and whereas staff recommend the adoption of a resolution allowing the
City to recapture expenses if bonds are issued to provide for additional capital expenditures for these needs.
BUDGETARY IMPACT:
The maximum principal amount of bonds expected to be issued in one or more series is $2,000,000.00.
SOURCE OF FUNDING:
Bonds
ATTACHMENTS:
Description
Resolution
1 RESOLUTION NO. ___________
2
3 A RESOLUTION introduced by Interim City Manager Richard U. Nienstedt determining
4 the City of Topeka’s intent to reimburse itself for certain capital
5 expenditures in connection with the operation of Hotel Topeka.
6
7 WHEREAS, the City of Topeka, Kansas, (the “Issuer”) has made certain capital
8 expenditures in connection with the operating of Hotel Topeka, a city owned facility,
9 generally located at the southwest corner of 17th Street and Topeka Boulevard in Topeka,
10 Kansas, including but not limited to mechanical systems, site development, kitchen
11 equipment, replacement of needed room doors, roof replacement, replacement of air
12 handling Unit 3, replacement of the VAV’s, kitchen hood makeup air replacement and
13 lighting control panels (the “Project”), prior to the date of this Resolution, and the Issuer
14 expects to make additional capital expenditures for the Project in the future.
15 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
16 CITY OF TOPEKA, KANSAS, that the Issuer intends to reimburse itself for all or a portion
17 of such expenditures for the Project, to the extent permitted by law, with the proceeds of
18 tax-exempt bonds or other obligations to be issued by itself or another governmental entity
19 for the benefit of the Issuer (the “Bonds”), which Bonds may be issued to reimburse Project
20 expenditures made on or after the date which is 60 days before the date of this Resolution,
21 pursuant to Treasury Regulation § 1.150-2.
22 BE IT FURTHER RESOLVED that the maximum principal amount of Bonds
23 expected to be issued for the Project in one or more series is $2,000,000.
24
RES/Hotel Topeka Bond Intent 5/22/24
25 ADOPTED and APPROVED by the Governing Body on .
26 CITY OF TOPEKA, KANSAS
27
28
29
30
31 Michael A. Padilla, Mayor
32 ATTEST:
33
34
35
36 ______________________________
37 Brenda Younger, City Clerk
RES/Hotel Topeka Bond Intent 5/22/24
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: Amanda Stanley, City DOCUMENT #:
Attorney
SECOND PARTY/SUBJECT: Form of Government PROJECT #:
and Citizens
Government Review
Committee
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
REVIEW of the City's Form of Government and Citizen Government Review Committee pursuant to
Topeka Municipal Code Chapter 2.210.
(Staff will provide an overview of the current form of government in advance of the 2025 Citizen Government
Review Committee.)
VOTING REQUIREMENTS:
Discussion only. No action required by the Governing Body.
POLICY ISSUE:
The Governing Body will need to determine the parameters of the Citizen Government Review Committee in
advance of the Committee convening in January 2025.
STAFF RECOMMENDATION:
Staff is making no recommendation. Discussion only.
BACKGROUND:
This presentation was requested by Councilmember Dobler as a refresher for the Governing Body and the public
of the current form of government in advance of the 2025 Citizen Government Review Committee.
BUDGETARY IMPACT:
Not Applicable
SOURCE OF FUNDING:
Not Applicable
ATTACHMENTS:
Description
Form of Government and Citizen Review Committee Presentation
Review of the
City’s Form of
Government
Today’s Presenter
Amanda L. Stanley
City Attorney
Three Classes of Cities in Kansas
Classes of Cities
• 1st Class (KSA 13-101) population of 15,000 or more may
elect; populations of 25,000 or more must elect
• 2nd Class (KSA 14-101) Population of more than 2,000 and
less than 15,000
• 3rd Class (KSA 15-115) Population more than 250 and
there must be at least 250 platted lots each of which is
served by water and sewer lines
History
• Topeka was incorporated in 1857 by the legislative
assembly of the Territorial government.
• The Kansas Constitution, adopted and ratified in 1859,
established Topeka as the temporary capitol of the
State.
• Kansas was recognized as a state in 1861 with Topeka
being appointed as the official capital.
What form of government is Topeka?
Unique form of government created by Charter
• Council-Manager form of government
Mayor is considered a member of the Governing Body
for purposes of voting on anything but a home rule
ordinance to which the mayor has a veto.
Composition
• The governing body shall be a ten (10) member body
consisting of nine (9) district Councilmembers and one
(1) Mayor.
• The nine (9) district Councilmembers shall be nominated
and elected from nine (9) districts of near equal
population on a nonpartisan basis. Each council district
shall be represented by one (1) district Councilmember.
• The Mayor shall be nominated and elected at large on a
nonpartisan basis.
Mayor
The Mayor shall be the chief elected officer of the city,
responsible for providing leadership and taking issues to the
people and marshalling public interest in and support for
municipal activity.
The Mayor’s powers, duties, and responsibilities
(i) Recommend to the governing body such
measures and legislation as he or she deems
necessary concerning the affairs of the city.
(ii) Encourage programs for the physical, economic,
social, and cultural development of the city.
(iii) Actively promote economic development to
broaden and strengthen the commercial and
employment base of the city.
The Mayor’s powers, duties, and responsibilities
(iv) Serve as ceremonial head of the city.
(v) Represent the city in intergovernmental
relations.
(vi) Provide community leadership.
(vii) Preside as Chair of governing body meetings.
(viii) Have no administrative powers.
(ix) Have the right to vote on all matters, except for
ordinances for which state law gives the mayor
the right to veto.
Powers of the Council
The Council and Mayor shall be the governing body of the
city. It shall exercise the corporate powers of the city and,
subject to the expressed limitations of this Charter
Ordinance, it shall be vested with all powers of legislation in
municipal affairs adequate to provide a complete system
of local government consistent with the Constitution of the
State of Kansas. It shall have no administrative powers.
City Manager
• Serves at the pleasure of the Governing Body
• Responsible to the Council for the proper and efficient
administration of all affairs of the city under his or her
jurisdiction, and shall, subject to the provisions of the
personnel policies of this city and except as otherwise
provided in this Charter Ordinance, have the power to
appoint, assign, reassign, discipline, and remove all directors
or heads of departments and all employees under his or her
jurisdiction. He or she may delegate to directors or other
department heads responsible to him or her the authority to
appoint, discipline, and remove subordinate employees,
subject to the personnel policies of this city. (C.O. 94 § 21, 7-
20-04.)
City Manager’s power and duties
(a) To execute and enforce all laws and ordinances and
policies of the Council and to administer the affairs of
the city.
(b) To sign all contracts binding the city, unless Council
approval of the contract or subject matter is required
by city ordinance or resolution, state or federal law, or
other city officers or employees are specifically
authorized by ordinance to approve and sign the
contracts. This authority is subject to all legal and
administrative reviews and approvals otherwise required
by city ordinance.
City Manager’s power and duties
(c) To attend all meetings of the Council, and its
committees, unless excused, and such meetings of
boards and commissions as he or she chooses or which
he or she is directed to attend by the Council, and to
participate in discussions at such meetings.
(d) To recommend to the Council such measures and
ordinances as he or she may deem necessary or
expedient and to make such other recommendations
to the Council concerning the affairs of the city as he or
she finds desirable.
City Manager’s power and duties
(e) To investigate affairs of the city under his or her
supervision, or any franchise or contract for the proper
performance of any obligation running to the city within
his or her jurisdiction.
(f) To control and administer the financial affairs of the
city.
(g) To prepare an annual budget for submission to the
Council.
(h) To prepare or cause to be prepared the plans,
specifications, and contracts for work which the
Council may order.
City Manager’s power and duties
(i) To supervise the purchasing of materials and supplies
and to make recommendations to the Council in
connection with the awarding of public contracts and
to see that all city contracts under his or her direction or
that of the Council are faithfully performed.
(j) To prepare and submit to the Council such reports as it
may require or that the City Manager deems
appropriate.
(k) To keep the Council at all times fully advised as to the
financial condition and needs of the city.
City Manager’s power and duties
(l) To prescribe such general rules and regulations as he or
she may deem necessary or expedient to the general
conduct of the administrative departments under his or
her jurisdiction.
(m) When directed by the Council, to represent the city in its
intergovernmental relations and to negotiate contracts for
joint governmental actions, subject to Council approval.
(n) To devote his or her entire time to the duties and interest of
the city.
(o) To perform such other duties as may be prescribed by this
Charter Ordinance or by ordinance or resolution.
City Manager’s power and duties
(p) To provide the Council by February 28 with a written
report of the city’s financial condition and
administrative activities for the prior fiscal year.
(q) To recommend organization of departments and
divisions in the most efficient and economical manner.
(r) To prepare the agenda for Council meetings. (C.O.
112 § 3, 1-14-14.)
What is the Citizen Government Review Committee?
• Set out in TMC 2.210
• Committee comprised of 5 registered voters appointed by
the GB representing as widely diverse backgrounds as
possible
• Must convene by July 1, 2025 and submit its report and
recommendations within 6 months to the GB
• Meetings must be open to the public
• The Committee’s report format should include, but not be
limited to, areas of concern addressed, general findings
relative thereto, and specific recommendations for
alleviating concerns or problems
1983 Citizens Advisory Committee
• 1st one
• 16 members selected by the then 4 commissioners and the
mayor who made up the form of government at the time.
• The committee held six public hearings throughout the city
and met weekly from August 1983 through March of 1984.
• The committee recommended the adoption of a new form
of government – the Strong Mayor/Council/Chief
Administrative Officer – which was placed on the November
1984 ballot.
• The measure passed and the new form of government
began in April, 1985.
1990 Topeka Charter Ordinance Review Committee
• 15 members
• 13 Committee meetings were held between August,
1989 and April, 1990.
• The major issue appeared to be the need to clarify the
role of the mayor and council.
• The governing body adopted some recommendations
and rejected others.
1998 Committee to Review the Form of Government for the City
• The committee met weekly from September, 1998 through May,
1999.
• One televised public hearing was held.
• The committee solicited advice from current and past City office
holders, current and former department heads, representatives
from business and labor, and finally citizen input.
• The committee recommended numerous changes to the charter
ordinance and urged the governing body to initiate action to
consolidate the governments of the city and county.
• None of the recommendations were adopted by the governing
body.
Change in Form of Government
• Council/Manager form of government becomes
effective in 2005 (not done through Citizen Review
Committee)
• October 13, 2009. The 1988 ordinance authorizing a
citizen committee be impaneled every 10 years is
repealed and replaced with the current ordinance –
TMC Chapter 2.210 – which requires that a committee be
impaneled before July 1, 2015 and every 10 years
thereafter (i.e. July 1, 2025).
2014 Committee to Review the Form of Government for the City
• The Committee members, appointed in early 2014, met
between January and May of 2014 and delivered their
recommendations to the Governing Body on May 20,
2014.
• Major focus was defining the role of the Mayor.
• Technical changes were made but no substantial
changes to the form of government were adopted by
the Governing Body.
Next Steps
• In October the Governing Body will need to set out the
parameters for the Citizen Review Committee via a
resolution.
City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
June 11, 2024
DATE: June 11, 2024
CONTACT PERSON: DOCUMENT #:
SECOND PARTY/SUBJECT: Public Comment PROJECT #:
Protocol
CATEGORY/SUBCATEGORY
CIP PROJECT: No
ACTION OF COUNCIL: JOURNAL #:
PAGE #:
DOCUMENT DESCRIPTION:
PUBLIC COMMENT PROTOCOL
VOTING REQUIREMENTS:
POLICY ISSUE:
STAFF RECOMMENDATION:
BACKGROUND:
Governing Body Rule 5.5
(c) Public Comment on a specific agenda item: Comments from members of the public concerning a
specific agenda item will be heard at the time the item is considered. Persons will be limited to addressing the
governing body one (1) time on a particular matter unless otherwise allowed by a vote of six (6) or more members
of the governing body.
(d) General public comment: Requests by members of the public to speak during the public comment portion
of a regular governing body meeting will be placed on the agenda on a "first-come, first-served" basis. The
request should state the name of the individual(s) desiring to be heard. Each such individual shall be limited to
addressing the governing body one (1) time and his or her comments shall be limited to topics directly relevant to
business of the governing body; provided however, that comments pertaining to personnel and litigation matters
shall not be allowed.
Procedures for Addressing the Governing Body
In accordance with Governing Body Rules 5.6 and 5.7, the following protocols for public comment apply:
Each person shall state his or her name and city of residence in an audible tone for the record.
All remarks shall be addressed to the Governing Body as a whole -- not to any individual member.
In order to provide additional time for as many individuals as possible to address the Governing Body, each
individual signed up to speak will need to complete his or her comments within four minutes.
The following behavior will not be tolerated from any speaker:
Uttering fighting words
Slander
Speeches invasive of the privacy of individuals (no mention of names) Unreasonably Loud Speech
Repetitious Speech or Debate
Speeches so disruptive of proceedings that the legislative process is substantially interrupted
Any speaker who engages in this type of behavior will be warned once by the presiding office (Mayor). If the
behavior continues, the speaker will be ordered to cease his or her behavior. If the speaker persists in interfering
with the ability of the Governing Body to carry out its function, he or she will be removed from the City Council
Chambers or Zoom meeting room.
Members of the public, Governing Body and staff are expected to treat one another with respect at all times.
Zoom Meeting Protocol
Make sure your Zoom name, email and/or phone number matches what was submitted to the City Clerk
when you signed up for public comment. Any misnamed or unauthorized users will not be admitted to
Zoom.
Please keep your mic muted and your camera off until you are called by the Mayor to give your comment.
If you are cut off during your comment time due to an internet connection or technical issue, you will need
to submit your comments in writing to the City Clerk atcclerk@topeka.orgor 215 SE 7thStreet, Room 166,
Topeka, KS 66603 for attachment to the minutes.
If you break any of the public comment rules, you will receive one warning from the Mayor. If you continue
any prohibited behavior, you will be removed from the Zoom meeting room and will not be allowed to rejoin.
Public comment is limited to four minutes. You may receive an extension at the discretion of the Governing
Body. The timer will be visible to you in the ‘City of Topeka Admin’ window on the Zoom app. Call-in users
will hear one beep when a minute is remaining and then another beep when time has expired.
Please do not share the Zoom login information with anyone. Any unauthorized users will not be admitted to
the Zoom meeting room.
BUDGETARY IMPACT:
SOURCE OF FUNDING: