Governing Body

Governing Body Minutes – August 13, 2024 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, August 13, 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, Ortiz, Banks, Kell, Miller, Duncan and Hoferer -8. Mayor Padilla presided -1. Absent: Councilmember Dobler -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 August 13, 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 012B, Topeka, Kansas, 66603 or via email at cclerk@topeka.org on or before August 13, 2024, for attachment to the meeting minutes. AFTER THE MEETING was called to order, Pastor Curtis Odum, Sr., In God’s House Church, provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. BOARD APPOINTMENT recommending the appointment of Kelsey Price to the Shawnee County Juvenile Corrections Advisory Board for a term ending August 13, 2027, was presented. (Outside City Limits) BOARD APPOINTMENT recommending the appointment of Charles Campbell to the Board of Plumbing Examiners for a term ending August 13, 2026, was presented. (Business is in Council District No. 5) Councilmember Banks moved to approve the appointments. The motion seconded by Councilmember Kell carried unanimously on roll call vote. The Mayor did not vote. (8-0-0) A PRESENTATION on the City of Topeka 2023 Annual Comprehensive Financial Report was provided by Ben Hart, Interim Chief Financial Officer, and Stacy Hammon, BT & Co., Certified Public 08-13-24 180 Accountants, was presented. A PRESENTATION on City Code Complaints and Housing was provided by John Schardine, Property Maintenance Division Director; Kelly Trussell, Chief of Prosecution; and Rhiannon Friedman, Planning and Development Director. Councilmember Miller asked how the Governing Body could help Staff with their job duties. Division Director Schardine urged the Governing Body to be patient and understand that it takes time to process a complaint or issue and they need to let Staff perform their duties as assigned. Chief of Prosecution Trussell stated she believes the prosecution process was working and Staff would like it to continue. Director Friedman urged the Governing Body if they hear something to forward the information to Staff because the members of the Body are a trusted resource for constituents. Councilmember Miller thanked Staff for their input. He concurred with the importance of Governing Body members understanding the process and being patient with Staff. Councilmember Valdivia-Alcala thanked Staff for the presentation. She spoke to the dedication and hard work performed by Staff members every day and the positive impact continued cross communication between departments has on the City as an organization. Councilmember Hiller stated she concurs with Councilmember Valdivia-Alcala and spoke to the importance of the collaborated efforts between agencies and Staff and how it relates to the City’s Changing Our Culture of Property Maintenance initiative. Councilmember Miller spoke to the importance of being a good landlord and taking care of tenants. Councilmember Duncan spoke to the continued importance of Staff and Governing Body members working to help people that do not have the ability to address the issues themselves. He requested that specific data be tracked so the City can commit appropriate resources to address the issues. Councilmember Hoferer asked how Kansas Legal Services helps tenants. 08-13-24 181  Amanda Stanley, City Attorney, reported the City of Topeka has no authority to counsel in civil cases in the state of Kansas; however, through the City’s RFP process, Kansas Legal Services was awarded a contract in the amount of $84,000 for conviction defense services. She spoke to the data that was being gathered from this initiative and suggested people be sent to Housing and Credit Counseling, Inc. (HCCI) or the City’s Housing Services for assistance. Councilmember Valdivia-Alcala urged Staff to research the City’s collection efforts and revise the policy and understand the percentage of the population that lives in poverty and despair. Councilmember Ortiz referenced a slum lord that has been ban from owning property in the state of Oklahoma and suggested the City of Topeka implement a similar policy. She commended Governing Body members for their willingness to help those in need. Mayor Padilla thanked Staff for the presentation and urged the community to take the welfare of fellow citizens seriously and help whenever possible. CONSENT AGENDA was presented as follows: RESOLUTION NO. 9569 introduced by Councilmember Spencer Duncan, granting Christ the King Catholic Church an exception to the provisions of City of Topeka Code Section 9.45.150, et seq., concerning noise prohibitions, was presented. (Council District No. 8) APPROVAL of CONTRACT NO. 52301 a Utilities Contract between the City of Topeka and Professional Engineering Consultants, P.A., in an amount not to exceed $800,500 for engineering services, was presented. Councilmember Duncan requested Items 4C, 4D, 4E and 4F, resolutions initiating eminent domain be removed from the consent agenda and considered separately. Upon hearing no objection, Mayor Padilla announced the resolutions would be placed on the agenda as Action Items 5J, 5K, 5L and 5M respectively. Councilmember Miller moved to approve the consent agenda. The motion seconded by Councilmember Kell carried unanimously on roll call vote as amended. (9-0-0) MINUTES of the special meeting of July 30, 2024, was presented. 08-13-24 182  Councilmember Duncan requested the resolutions initiating eminent domain be removed from the consent agenda and considered separately. Upon hearing no objection, Mayor Padilla announced the resolutions would be placed on the agenda as Action Items 5J, 5K, 5L and 5M respectively. Councilmember Miller moved to approve the consent agenda as amended. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (8-0-0) RESOLUTION NO. 9570 introduced by City Manager Dr. Robert M. Perez, making certain findings pursuant to the Kansas Reinvestment Housing Incentive District (RHID) Act with regard to an application submitted by Union Development Holdings, LLC to establish a Reinvestment Housing Incentive District and requesting that the Kansas Secretary of Commerce review the Resolution and advise the Governing Body, was presented. Rhiannon Friedman, Planning and Development Director, reported the City of Topeka has received an application requesting the creation of an RHID for Union at Tower District adding 250 additional affordable housing apartments to downtown Topeka. She stated Staff was seeking approval to submit the application to the Kansas Secretary of Commerce for approval. She noted a full project plan and development agreement would come before the Governing Body for review and approval at a later date. Councilmember Hiller moved to approve the resolution. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (9-0-0) ORDINANCE NO. 20504 introduced by City Manager Dr. Robert M. Perez, authorizing, and providing for the issuance of $12,650,000 aggregate principal amount of General Obligation Bonds, Series 2024-A, of the City of Topeka, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; authorizing certain other documents and actions in connection therewith; and making certain covenants with respect there to, was presented. 08-13-24 183  Ben Hart, Interim Chief Financial Officer, stated Khalen Dwyer, Columbia Capital Management, LLC, would provide an overview of the bond sale results. Khalen Dwyer reported the results of the sale. He stated nine bids were received with the winning bid awarded to TD Securities, (USA) LLC, offering an interest rate of 3.6407%. Councilmember Miller moved to adopt the ordinance. The motion seconded by Councilmember Hoferer carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala, Ortiz, Banks, Kell, Miller, Duncan, Hoferer, and Mayor Padilla -9. RESOLUTION NO. 9571 introduced by City Manager Dr. Robert M. Perez, prescribing the form and details of and authorizing and directing the sale and delivery of $12,650,000 aggregate principal amount of General Obligation Bonds, Series 2024-A of the City of Topeka, Kansas, previously authorized by Ordinance of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Ben Hart, Interim Chief Financial Officer, reported the resolution was a companion document to the previous ordinance and outlines the form and details of the bond issuance. Councilmember Kell moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) RESOLUTION NO. 9572 introduced by City Manager Dr. Robert M. Perez, authorizing and directing the issuance, sale and delivery of $6,965,000 in the aggregate principal amount of General Obligation Temporary Renewal and Improvement Notes, Series 2024-A, providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Khalen Dwyer, Columbia Capital Management, LLC, reported the bond sale resulted in only 08-13-24 184 one bid received by Oppenheimer & Co., offering a 3.167% interest rate. Councilmember Hoferer moved to approve the resolution. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) ORDINANCE NO. 20505 introduced by City Manager Robert M. Perez, authorizing and directing the issuance, sale and delivery of Taxable General Obligation Temporary Notes, Series 2024- B, of the City of Topeka, Kansas; providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, was presented. Khalen Dwyer, Columbia Capital Management, LLC, reported on the results of the bond sale. He stated three bids were received with the winning bid awarded to Piper Sandler & Co., offering a 4.710% interest rate. He noted the bonds for Hotel Topeka would mature on October 1, 2024. Councilmember Kell moved to adopt the ordinance. The motion seconded by Councilmember Miller carried. The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Ortiz, Kell, Miller, Duncan, Hoferer, and Mayor Padilla -7. Noes: Valdiva-Alcala and Banks -2. ORDINANCE NO. 20506 introduced by City Manager Dr. Robert M. Perez, authorizing certain wastewater improvements to the City of Topeka, Kansas, Combined Utility System; amending and supplementing Ordinance No. 20487 of the City and substituting such wastewater improvements for the project previously identified in such ordinance; and authorizing the use of the loan obligation and bonds authorized thereunder to finance such wastewater improvements, was presented. Khalen Dwyer, Columbia Capital Management, LLC, reported approval would amend Ordinance No. 20487 for the purpose of correcting technical amendments and serve as a supplemental ordinance for the loan. Councilmember Duncan inquired on the reduced amount being requested. Nicole Malott, Deputy Utilities Director, stated the amount was reduced because they needed 08-13-24 185 more time to plan for the projects. Councilmember Hiller moved to adopt the ordinance. The motion seconded by Councilmember Duncan carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala, Ortiz, Banks, Kell, Miller, Duncan, Hoferer, and Mayor Padilla -9. RESOLUTION NO. 9573 introduced by the Public Infrastructure Committee, amending the 2024-2033 CIP and the 2024-2026 CIB to add Project No. 861411.00 for Topeka Performing Arts Center (TPAC) design and to amend the 2025-2034 CIP and the 2025-2027 CIB to amend Project No. 861411.00 to revise the amount of funding for TPAC improvement, was presented. Braxton Copley, Assistant City Manager, reported the CIP previously approved spending in the amount of $334,000 annually for the purpose of TPAC improvements, and this request was being made to shift CIP spending in the amount of $100,000 from 2029-2033 into 2024. Tuck Duncan, TPAC Board member, spoke to the importance of coordinating current improvements with future needed improvements realizing huge savings as well as helping the TPAC Board determine what needs to be done as it relates to design. He stated Blair Adams, Director of Event Services, was present for questions. Councilmember Duncan moved to approve the resolution. The motion seconded by Councilmember Kell carried unanimously on roll call vote. (9-0-0) Brenda Younger, City Clerk, announced City Manager Perez has requested to withdraw Item 5H, the ordinance concerning truck routes from the agenda due to additional questions received from the Governing Body. Upon hearing no objection, Mayor Padilla announced the ordinance would be withdrawn from the agenda. ORDINANCE NO. 20507 introduced by City Manager Dr. Robert M. Perez, concerning departments and established positions, amending Topeka Municipal Code Sections 2.20.020, 2.20.040, 2.20.120, 2.105.010, 2.105.030 and 2.105.040 and repealing original sections, was presented. 08-13-24 186  Dr. Robert M. Perez, City Manager, reported approval of the ordinance was necessary to fully implement the new reorganizational structure he was proposing. Councilmember Hiller spoke to the significant budget deficient the City would be dealing with and stated she would prefer they wait to approve the proposed changes until after the 2025 budget has been approved. City Manager Perez stated the positions being proposed are not new and already included in the budget. Councilmember Valdivia-Alcala moved to adopt the ordinance. The motion seconded by Councilmember Miller carried. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. The ordinance was adopted on roll call vote as follows: Ayes: Valdiva-Alcala, Ortiz, Banks, Kell, Miller, Duncan and Hoferer -7. Noes: Hiller -1. RESOLUTION NO. 9573 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of eminent domain proceedings to acquire a temporary easement for an alley repair project between SW Van Buren Street and S Kansas Avenue from SW 15th Street to 16th Street, was presented. (Project No. 841092.02) RESOLUTION NO. 9574 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of eminent domain proceedings to acquire permanent right-of-way easements for waterline replacement on NE Curtis, was presented. (Project No. 281250.05) RESOLUTION NO. 9575 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of eminent domain proceedings to acquire a temporary easement for public infrastructure improvements in the Hi-Crest Neighborhood from SE 37th Street to SE 31st and from the Landon Nature Trail to SE Adams Street, was presented. (Project No. 841097.01) RESOLUTION NO. 9576 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of eminent domain proceedings to acquire temporary easements for an entrance relocation and construction near SE 26th Street and SE California Avenue, was presented. (Project No. 08-13-24 187 601137.01) Braxton Copley, Assistant City Manager, reported the requests were necessary to construct the projects. Councilmember Duncan requested all future eminent domain items be placed as action items on the agenda. Councilmembers Valdivia-Alcala and Kell concurred with Councilmember Duncan. Councilmember Hiller referenced the other eminent domain items on the agenda and inquired on the difference between a temporary and permanent easement. Assistant City Manager Copley explained temporary easements are only needed during the duration of the project. Councilmember Hiller moved to approve the resolutions. The motion seconded by Councilmember Duncan carried unanimously on roll call vote. (9-0-0) DISCUSSION on Built for Zero and homeless updates, was presented. Carrie Higgins, Housing Services Division Director, reported the Kansas Department of Aging and Disability Services (KDADS) recently announced a statewide partnership with Built for Zero, and the City was working with its representative and the other Continuum of Care programs (CoC's) across the state to start the implementation process. Councilmembers Kell and Miller inquired on the “Point In Time Count” process. Director Higgins reported the Topeka Rescue Mission works with the unsheltered population to help determine the “why” and the Point In Time Count was part of a large community collaboration. Councilmember Duncan spoke to the success of the program in other communities. Councilmembers Hiller and Valdivia-Alcala spoke in support of the program methodology. Councilmember Ortiz asked if the Impact Avenues Program would fit the methodology. Rhiannon Friedman, Planning and Development Director, stated the wrap around services associated with the program would encompass needs associated with Impact Avenues. Dr. Robert M. Perez, City Manager, stated this was the beginning framework to a fluid process. 08-13-24 188  PUBLIC COMMENT was provided by the following individuals: David Peterson distributed a handout and expressed concern with the governance of public owned land near his home that has been nearly impossible to vacant. He asked that the city ordinance be amended to provide tools for properties to be vacated. Jonathan Smith referenced the half-cent sales tax proposal to absorb budget shortfalls and stated he believes it targets low-income individuals and in turn promotes inequality causing higher crime rates. Following a 15-minute recess, the meeting reconvened into open session. DISCUSSION related to the 2025 Operating Budget, was presented. Dr. Robert M. Perez, City Manager, reported the budget discussion would continue from the August 13, 2024 Governing Body meeting and the Police, Fire and Information Technology departments would provide departmental budget presentations. He reported the FY25 budget was being presented as a balanced budget with the one-time use of reserve funds; however, as part of the budget presentations Staff will be providing budget scenarios on the impact of a 13% reduction that would be required in order to balance the FY26 and FY27 budgets. Josh McAnarney, City Budget Manager, provided an overview of the formal amendment process for the budget. Jamey Haltom, Interim Police Chief, provided a high-level overview of the Topeka Police Department Budget totaling $55,599,709 excluding the Property Maintenance Division budget. Councilmember Kell encouraged TPD to allocate sufficient funds and resources to address online predators. Mayor Padilla expressed the importance of training and appropriately identifying complaints for processing. Councilmember Hiller inquired on the status of the community policing program. Interim Chief Haltom reported there are seven vacancies, and they consistently work to provide on-going training. 08-13-24 189  Councilmember Valdivia-Alcala spoke to the importance of community policing and the impact it has on the Oakland area. Interim Chief Haltom provided an overview of operations and personnel if a 13% reduction was required in FY26 and FY27 totaling approximately $7.9 Million. Councilmember Valdivia-Alcala requested an efficiency study be conducted on civilian and sworn officer positions. John Schardine, Property Maintenance Division Director, provided a high-level overview of the budget totaling $2,619,704. He also provided an overview of operations and personnel if a 13% reduction was required in FY26 and FY27 totaling $360,062. Councilmember Duncan asked the City Manager if he agrees with Property Maintenance being a division of the Topeka Police Department City Manager Perez reported based on his experience code services as well as animal control services have been separate departments from the police department; however, the organizational structure seems to work well in Topeka. Councilmember Valdivia-Alcala stated she concurs with City Manager Perez and believes this structure has begun to remove the silos within City departments. She asked Staff to review the possibility of the Helping Hands Humane Society providing services on the weekend and if this would be an efficiency that could be realized. Interim Chief Haltom stated they have not reviewed the possibility of contracting animal control services through a second party. Randy Phillips, Fire Chief, provided a high-level overview of the Topeka Fire Department Budget totaling $38,411,729. He also provided an overview of operations and personnel if a 13% reduction was required in FY26 and FY27 totaling approximately $4.9 Million. Councilmember Valdivia-Alcala expressed concern with the impact the reductions would have on Fire Department operations in FY26 and FY27. 08-13-24 190  Councilmember Duncan stated he would prefer to discuss the 2025 budget at this time and would like the City Manager to clarify what he was proposing for the 2025 budget. Councilmember Valdivia-Alcala stated she concurs with Councilmember Duncan. City Manager Perez clarified the 13% reduction impact scenarios are not being proposed for the 2025 budget; however, he wanted the Governing Body to understand the full impact of the deficient that they will be dealing with FY26 and FY27. He also clarified that he was proposing a balanced budget for 2025 with the use of one-time reserve funds and reminded the Governing Body they have the ability to make amendments to the proposed 2025 Budget. Councilmember Kell asked what percentage of the budget would need to be reduced excluding the Police and Fire Departments to balance the $15 million deficit in 2025. City Manager Perez reported the remaining General Fund departments would be required to cut 75% of their operating budget to balance the 2025 budget. Councilmember Banks recognized the difficulty in making these types of cuts. He spoke to the importance of educating fire safety countywide as well as citywide. Councilmember Ortiz stated she would prefer the discussion focus on the 2025 budget. Randy Stahl, Information Technology Director, provided a high-level overview of the Information Technology Department Budget totaling $6,734,763. She also provided an overview of operations and personnel if a 13% reduction was required in FY26 and FY27 totaling approximately $876,000. ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, provided an overview of the August 20, 2024 Governing Body meeting agenda. Councilmember Kell urged citizens to be aware of the speed limit as it relates to the safety of school children throughout the city. Councilmember Miller expressed his condolences to the family of Frank Austin, III. 08-13-24 191  Councilmember Duncan asked when Pedestrian and Traffic Safety Ordinance No. 20234 approved in 2020 would be revisited to incorporate recent traffic study data. He encouraged students to participate in the League of Kanas Municipalities 7th Grade Essay Contest with detailed information available online at https://www.lkm.org/. Councilmember Hiller mentioned the various National Night Events throughout the city. Councilmember Valdivia-Alcala provided an update on the Timberlee Apartments that were recently condemned. Councilmember Ortiz commended the Forestry Department for their assistance with recent storm debris. Following a 5-minute recess, Councilmember Hoferer move to recess into executive session for a period of time not to exceed 30 minutes to discuss the acquisition of real property for a fleet garage as justified by K.S.A. 75-4319(b)(6). The open meeting will resume in the Cyrus K. Holliday Building First Floor Conference Room. The following staff will be necessary to assist the Governing Body in its deliberations: City Manager Perez and any other staff he deems necessary. The motion was seconded by Mayor Padilla. Mayor Padilla asked all those in favor of 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 unanimously on voice vote. (9-0-0) 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 Hoferer moved to recess into executive session not to exceed 30 minutes to discuss employer/employee negotiations relating to one or more unions as justified by K.S.A. 75- 4319(b)(3). The meeting will resume in the Cyrus K. Holliday Building First Floor Conference Room. The following staff to assist the Governing Body in its deliberations: City Manager Perez and any other staff he deems necessary. The motion was seconded by Councilmember Kell. Mayor Padilla asked all those in favor of recessing into executive session to indicate so by 08-13-24 192 verbally by saying “yea” and those opposing to indicate so verbally by saying “no.” The motion carried on voice vote. Councilmember Ortiz vote “no.” (8-1-0) 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 11:25 p.m. (SEAL) Brenda Younger City Clerk 08-13-24 193