Governing Body

Governing Body Minutes – August 20, 2024 CYRUS K. HOLLIDAY BUILDING, Topeka, Kansas, Tuesday, August 20, 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, Duncan, Dobler, Miller and Hoferer -8. Mayor Padilla presided -1. Absent: Councilmember Ortiz -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 20, 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 20, 2024, for attachment to the meeting minutes. AFTER THE MEETING WAS CALLED TO ORDER, Councilmember Banks provided the invocation. THE PLEDGE OF ALLEGIANCE was recited by meeting participants. AN UPDATE on the Topeka Metropolitan Transit Authority (TMTA) Budget was provided by Rod Miller, TMTA Board member. Mayor Padilla asked TMTA to consider serving all areas of the city specifically southeast Topeka. He inquired on the Metro On-Demain (MOD) Transportation program. Councilmember Valdivia-Alcala inquired on driver vacancies and asked how TMTA plans to promote and engage new ridership. She asked if they were actively utilizing climate friendly vehicles. 08-20-24 194  Councilmember Miller also inquired on how TMTA plans to fill driver vacancies. Rod Miller reported the Metro On-Demand (MOD) service was considered a door-to-door service. He stated they continue to work to attract ridership; however, bus routes are not the most convenient and it would be difficult to expand routes due to the narrow streets in some neighborhoods. He reported he remains optimistic that they would fill vacancies within the next year as they continue to work to attract new transit drivers. CONSENT AGENDA was presented as follows: APPROVAL of CONTRACT NO. 52319 a Planning and Land Use Development Contract between the City of Topeka and Development Strategies, Inc., in an amount not to exceed $150,000, was presented. (Council District No. 4) MINUTES of the regular meeting of August 13, 2024, was presented. Councilmember Valdivia-Alcala moved to approve the consent agenda. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) ORDINANCE NO. 20508 introduced by City Manager Dr. Robert M. Perez, authorizing and providing for the issuance of $23,575,000 aggregate principal amount of Combined Utility Revenue Bonds, Series 2024-B, of the City of Topeka, Kansas; making certain covenants and agreements to provide for the payment and security thereof and authorizing certain other documents and actions in connection therewith, was presented. Josh McAnarney, City Budget Manager, stated the bonds would be used to finance utility projects. Khalen Dwyer, Columbia Capital Management, LLC, reported on the results of the sale and stated six bids were received with the winning bid awarded to Truist Securities offering an interest rate of 4.01%. 08-20-24 195  Councilmember Miller 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: Hiller, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. RESOLUTION NO. 9578 introduced by City Manager Dr. Robert M. Perez, prescribing the form and details of and authorizing and directing the sale and delivery of $23,575,000 aggregate principal amount of Combined Utility Revenue Bonds, Series 2024-B, 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. Josh McAnarney, City Budget Manager, reported the resolution was a companion document to the ordinance outlining the details of the bond issuance including the bond sale date. Councilmember Miller moved to approve the resolution. The motion seconded by Councilmember Valdivia-Alcala carried unanimously on roll call vote. (9-0-0) ORDINANCE NO. 20509 introduced by City Manager Dr. Robert M. Perez, annexing land to the City of Topeka, Kansas in accordance with K.S.A. 12-520(7), located at 3533 NW 25th Street and 3536 NW 25th Street within unincorporated Shawnee County, Kansas and adjacent to the City of Topeka corporate limits, and said land being annexed for all City purposes, was presented. (A24/4) (Council District No. 2) Dan Warner, Planning Division Director, reported the request to annex approximately 23 acres would be used for a building addition and extension of the sanitary sewer along NW 25th Street. He reported the subject property was contiguous to the City and sanitary sewer service will be extended by the developer. He noted the Planning Commission and City Staff recommends 08-20-24 196 approval. Councilmember Valdivia-Alcala 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, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. ORDINANCE NO. 20510 introduced by City Manager Dr. Robert M. Perez, amending the “District Map” referred to and made a part of the Zoning Ordinances by Section 18.50.050 of the Topeka Municipal Code on 17.49 acres located at the corner of the intersection of SW Topeka Boulevard and Interstate 470 on property addressed as 3847 SW Topeka Blvd from “R-1” Single Family Dwelling District and “C-4” Commercial District ALL TO “PUD” Planned Unit Development District (limited “C-4” Commercial District uses and “M-3” Multiple Family Dwelling District uses groups), was presented. (PUD 24/09) (Council District No. 5) Dan Warner, Planning Division Director, reported approval would allow redevelopment of the vacant property for a mix of commercial and multiple family residential uses. He stated the applicant held a Neighborhood Information Meeting on June 19, 2024, with no particular concerns expressed about the proposed development. He noted the Planning Commission and City Staff recommends approval. Mayor Padilla announced prior to proceeding with the vote, each member of the Governing Body who has engaged in ex parte communication with any individual either in favor of, or against, the matter being considered, must state that the communication occurred and indicate that even in light of having engaged in the communication they were able to fairly, objectively, and impartially consider the measure based only upon the evidence provided on the record. The record includes the Planning Commission minutes, the Staff report and its attachments, the public 08-20-24 197 comments made during the Planning Commission hearing and similar relevant information related to the matter. Ex parte communication was declared by Mayor Padilla. Councilmember Kell 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, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. ACCEPTANCE OF LAND DEDICATIONS in the Final Plat for Sunflower Crossing Subdivision on property containing 17.49 acres at the northwest corner of the intersection of SW Topeka Boulevard and Interstate 470 within the City of Topeka, Shawnee County, Kansas. (P24/11) (Council District No. 5) Dan Warner, Planning Division Director, reported the final plat relates to the previous ordinance and approval would facilitate the redevelopment of the property for a mix of commercial and multiple-family dwellings by providing the necessary easements and rights-of-way for utilities and public streets in the subdivision. He stated Sunflower Crossing consists of a five-lot subdivision intended for a mix of commercial and multiple-family residential development, including a vacation of unimproved street right-of-way and new right-of-way for SW Jameson Drive. He noted the Planning Commission and City Staff recommends approval. Councilmember Kell moved to approve the final plat. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) ESTABLISHING a public hearing date of September 10, 2024, for the purpose of hearing and answering objections of taxpayers relating to the proposed City of Topeka 2025 Operating Budget; setting the maximum expenditure limits; and authorize the publication of the public 08-20-24 198 hearing notice, was presented. Josh McAnarney, City Budget Manager, reported approval sets the hearing date and authorizes the public hearing notice to be published in the Topeka Metro Newspaper on August 26, 2024. Councilmember Miller moved to approve the September 10, 2024 public hearing date and authorize publication of the Notice in the official City newspaper. The motion seconded by Councilmember Banks carried unanimously on roll call vote. (9-0-0) ORDINANCE NO. 20511 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of condemnation proceedings to acquire permanent right-of-way easements for waterline replacement on NE Curtis, was presented. (Project No. 281250.05) Braxton Copley, Assistant City Manager, provided an overview of the project. He reported approval of the proposed ordinance would authorize the City to initiate condemnation proceedings. Councilmember Valdivia-Alcala 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, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. ORDINANCE NO. 50512 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of condemnation proceedings to acquire an 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) Braxton Copley, Assistant City Manager, provided an overview of the project. He reported approval of the proposed ordinance would authorize the City to initiate condemnation proceedings. Councilmember Banks moved to adopt the ordinance The motion seconded by 08-20-24 199 Councilmember Kell carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. ORDINANCE NO. 20513 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of condemnation proceedings to acquire temporary easements for an entrance relocation and construction near SE 26th Street and SE California Avenue, was presented. (Project No. 601137.01) Braxton Copley, Assistant City Manager, provided an overview of the project. He reported approval of the proposed ordinance would authorize the City to initiate condemnation proceedings. Councilmember Banks 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: Hiller, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. ORDINANCE NO. 20514 introduced by City Manager Dr. Robert M. Perez, authorizing initiation of condemnation proceedings to acquire an 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) Braxton Copley, Assistant City Manager, provided an overview of the project. He reported approval of the proposed ordinance would authorize the City to initiate condemnation proceedings. Councilmember Miller moved to adopt the ordinance. The motion second by Councilmember Banks carried unanimously. The ordinance was adopted on roll call vote as follows: Ayes: Hiller, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan, Hoferer, and Mayor Padilla -9. 08-20-24 200  ORDINANCE NO. 20515 introduced by City Manager Dr. Robert M. Perez, added a new section concerning truck routes to Chapter10.70, Trucks and Trailers, of the Topeka Municipal Code, was presented. (Approved by the Public Infrastructure Committee on July 16, 2024.) Braxton Copley, Assistant City Manager, reported the proposed ordinance would designate certain roads in the city as truck routes specifically for vehicles over 26,000 pounds Gross Vehicle Weight as well as prohibit trucks of that weight to drive on roads that are not truck routes. He noted the ordinance has exceptions to allow for City Street Department trucks to patch potholes and plow snow, and businesses to deliver packages. He reported the Public Infrastructure Committee recommended approval on July 16, 2024. Councilmember Valdivia-Alcala inquired on enforcement of habitual violators and the importance of notifying the community on all social media outlets of the new code requirement. Assistant City Manager Copley reported staff would work closely with Topeka Police Department on enforcement. Amanda Stanley, City Attorney, reported there are no provisions in place for habitual violations; however, habitual violators will be appropriately ticketed which in turn will have a negative impact on their driving record and driver’s license. Mayor Padilla state he concurs with Councilmember Valdivia-Alcala. Councilmember Kell requested the area of SW 37th Street and S. Park Avenue be added as a nonrestricted truck route. Assistant City Manager Copley stated he would prefer to keep the implementation to arterial streets to allow for a straightforward approach while ensuring heavy vehicles are traveling on streets appropriately constructed for such. Councilmember Hiller thanked Assistant City Manager Copley for his assistance with 08-20-24 201 drafting the ordinance. Councilmember Miller 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: Hiller, Valdiva-Alcala, Banks, Kell, Miller, Dobler, Duncan and Hoferer -8. The Mayor does not vote. The proposed ordinance involves a matter of home rule on which the Mayor has veto authority. RESOLUTION NO. 9579 introduced by Councilmember Spencer Duncan on behalf of the citizens of Topeka urging all taxing entities, including the State of Kansas and City of Topeka, to keep mill levies at the lowest possible rates, was presented. Councilmember Duncan reported the resolution urges other entities to keep mill levies at the lowest possible rates demonstrating the Governing Body's concern for citizens financial stability. Councilmember Valdivia-Alcala commended Councilmember Duncan for proposing the resolution which will help support the City in breaking down the silos of other levels of government – which in turn will benefit the people. Councilmember Hiller suggested a friendly amendment to lines 11, 20 and 26 of the resolution to include “renters” along with homeowners. Councilmember Duncan stated he would accept the friendly amendment as proposed by Councilmember Hiller. Councilmember Duncan move to approve the resolution as amended. The motion seconded by Councilmember Miller carried unanimously on roll call vote. (9-0-0) DISCUSSION related to the City of Topeka 2025 Operating Budget, was presented. Josh McAnarney, Budget Manager, stated the Public Works, Utilities and Municipal Court 08-20-24 202 Departments would provide budget presentations. Braxton Copley, Assistant City Manager and Acting Public Works Director, provided a high-level overview of the Public Works budget to include $8.8 million from the General Fund; $47.3 million of assets (Capital Investments); $8.2 million for Street Maintenance; $3.6 million for Fleet; and $3.5 million for Facilities. He also provided an overview of the impact on operations and personnel if a 13% reduction was required in FY26 and FY27 from the General Fund totaling approximately $1.1 million. Councilmember Valdivia-Alcala asked if the elimination of overtime was considered as a possible way to reduce the budget. Mayor Padilla commended Staff for working on efficiencies now and in the future. Councilmember Hiller questioned if the addition of $600,000 for engineering design consulting fees was a one-time ask or an annual cost moving forward. Assistant City Manager Copley explained the amount would depend on the number of engineering vacancies from year to year. City Manager Perez reported Staff was directed to consider all potential budget cuts; however, overtime continues to increase due to vacancies. He stated they plan to aggressively work to hire engineers with the hopes of reducing consulting fees. Councilmember Duncan asked if the departments were asked to make cuts to the proposed FY25 budget. He spoke to the importance of starting to make the tough decisions now through potential budget cuts in 2025, with the hope it will not be as difficult to make a 13% budget reduction in FY26 and FY27. Josh McAnarney, Budget Manager, stated the proposed FY25 budget as presented to the Governing Body did include proposed budget cuts from departments. 08-20-24 203  City Manager Perez reported Staff would provide supplemental information to the Governing Body outlining detailed proposed budget cuts as well as enhancements for the FY25 budget. Sylvia Davis, Utilities Director, provided a high-level overview of the Utilities budget to include the Water Division with a total budget of $56,528,377; the Stormwater Division totaling $12,727,220; and the Wastewater Division totaling $41,111,308. She also provided an overview of the impact on operations and personnel if a 13% reduction was required in FY26 and FY27 for each division totaling approximately $7.3 million for Water; $1.7 million for Stormwater; and $5.3 million for Wastwater. Councilmember Duncan reminded citizens the Water, Stormwater and Wastwater Divisions are financed through rate fees and are safe from reductions. City Manager Perez reported the Utilities Department was reviewed for the purpose of identifying vacancies that could be eliminated allowing funds to be shifted. Councilmembers Valdivia-Alcala and Hiller inquired about the “Readiness To Serve” fee. Councilmember Ortiz joined the meeting remotely. Director Davis reiterated that there are vacancies in the Utilities department that have been open for a long time and Staff continues to look at ways to realize efficiencies and modify training to address department needs. She reported Staff continues to work to resolve the issues associated with the “Ready To Service” fee implementation. Councilmember Kell questioned how much more overtime would be generated due to the elimination of approximately 66 positions in the Utilities Department, a department that already has a lot of overtime. City Manager Perez stated in regard to the elimination of vacancies, the Governing Body 08-20-24 204 would have to make these types of decisions based on expected service levels. He stated he plans to schedule a retreat for the Governing Body to discuss these touch decisions. Karan Thadani, Municipal Court Judge, provided a high-level overview of the Municipal Court Budget totaling $2,296,623. He also provided an overview of the impact on operations and personnel if a 13% reduction was required in FY26 and FY27 total approximately $298,000. PUBLIC COMMENT was provided by the following individuals: Steve Vogel, Shawnee County Landlord Associations President, expressed concern with the lack of accountability of landlords that are chronic property maintenance code violators. He referenced a specific landlord that was banned from the state of Oklahoma and now owns approximately 10% of the rentals in Topeka. He urged the Governing Body to address habitual violators because it affects the reputation of good landlords. Ahmir Kenyatta expressed concern with ongoing tenant/landlord issues in the city of Topeka. He asked the City Council to improve tenant rights under municipal code and create a taskforce to help address landlords who do not follow City code. ANNOUNCEMENT BY THE CITY MANAGER, MAYOR AND MEMBERS OF THE COUNCIL; Brenda Younger, City Clerk, provided an overview of the August 27, 2024 Special Meeting agenda. Councilmember Miller urged residents to help make society a better place by being mindful of how children are being raised specifically as it relates to interactions on social media and perceived information on the internet. Mayor Padilla and Councilmembers Duncan, Hiller and Valdivia-Alcala thanked City Staff for their assistance in cleaning up storm debris. 08-20-24 205  Councilmember Valdivia-Alcala spoke to the seriousness of terrible landlords in the community and the years of disregard for tenants. She commended Councilmembers on the immense amount of work they are doing to help deal with the serious situation. She spoke to the importance of tenants understanding their rights under the law. Following a 10-minute recess, Councilmember Kell moved to recess into executive session not to exceed 45 minutes to discuss one or more matters in litigation or possible litigation deemed privileged under Attorney-Client Privilege as allowed under KSA 75-4319(b)(2). 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 Attorney Amanda Stanley and any other staff the Governing Body finds useful. The motion was seconded by Councilmember Valdivia-Alcala. 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 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. Councilmember Kell moved 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 KSA 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 Councilmember Hoferer. Mayor Padilla asked all those in favor of recessing into executive session to indicate so by 08-20-24 206 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 10:00 p.m. (SEAL) Brenda Younger City Clerk 08-20-24 207